Minutes of the Zoning Board of Appeals Meeting on 12-6-07
Present: John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, and Steve Daigle, and Dorothy Blakeley, ZBA Clerk. The meeting was called to order at 7:35 pm.
New Matters:
1) Ryan Estates, 140 Lincoln Road, M/P 95 19 0, for a special permit to lease the “Ryan Room” to a third party tenant. Ms. Mary McNerny, Esq. and Mr. Arthur Cotoni, President of Ryan Estates Board appeared on behalf of Ryan Estates. The Ryan room is comprised of approximately 1,800 square feet including a kitchen and was formerly leased to St. Joseph’s Church. The church no longer needs this space and Ryan Estates would like to lease this room to provide needed income. Ms. McNerny introduced a resident of Ryan Estates, Ms. Gertrude Webb, who may be interested in leasing part of the room, perhaps 1/3 of the space, for a business that is in the planning stages. This potential business may be called Webb International Center for Dyslexia. Ms. Webb noted she
would like to share this space with another individual. Ms. McNerny also introduced another Ryan Estates resident, Ms. Linda Knight, who is interested in creating a business for support services for those in the creative or healing arts. The Board discussed uses under the zoning bylaw and applicable business applications. It was noted that Ms. Webb’s potential use of the space is consistent with the zoning bylaws, but that the Board will require more specificity, such as the number of people using the space, and that the Board will need these details in writing.
Action: This matter is continued until our January 10, 2008 meeting. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, and Jeff Macklin. Anna Hardman is the Decision Writer.
2) Thomas Blakely, 144 and 146 Lincoln Road, M/P 95 11 1-2, for a special permit for parking in the B-1 district. Mr. Blakely appeared with his counsel, Timothy Taylor. Since our last meeting on November 29th, 2007, the applicant has submitted a Supplementary Statement, dated December 4, 2007 to the ZBA as requested. This letter details the square footage, existing and proposed, and the number of employees expected in order to determine the number of parking spaces needed. The Board briefly discussed these figures and noted they are comfortable with the numbers as presented.
Action: Motion to grant a three year renewable special permit for twenty parking places unanimously approved. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, and Jeff Macklin. John Kimball is the Decision Writer.
Continuances:
T-Mobile Application for use and dimensional variances to permit construction of a wireless facility at 22 Red Rail Farm Lane. Appearing on behalf of the applicant is Brian Grossman, Esq.of Prince, Lobel, Glovsky and Tye and Sameer Parakkavetty, Senior RF Engineer, T-Mobile USA.
Ms. Pamela Green, Chair, stated this is the 4th public meeting on this application and noted that this meeting is being recorded. Ms. Green noted that the applicant had submitted a supplemental filing dated November 9, 2007 which the Board received on November 13, 2007. This filing was in response to the Board’s request for additional information and clarifications of previously submitted information, specifically, explanations of the plots, coverage, traffic count and feasibility of the alternative sites mentioned by various parties.. The following is a summary of the discussion at the hearing.
Mr. Grossman and the Board discussed the vehicular access, deed and easement issues. Mr. Grossman questioned whether the Trustees have the authority to materially interfere with this claim of right through access. Ms. Green added that the applicant has only provided the Board with a one page lease document and it would be helpful to have a more detailed document, specifically the lease itself. Mr. Grossman responded he would be happy to provide this with the financial terms redacted.
The Board asked if the applicant is still requesting a 100 foot tower, even though one of the applicant’s figures shows that the coverage is pretty much the same at 85 feet. Mr. Parakkavetty responded that with vegetation and tree losses, the applicant believes it needs a 100 foot tower to effectively cover the gap in coverage.
The Board asked the applicant to clarify that its maps show only the coverage that the applicant hoped to obtain from the tower, and not that of any potential co-locator. Mr. Parakkavetty responded that this is correct.
The Board asked if the lease permits co-location on commercially reasonable terms. Mr. Grossman responded that they have a master licensing agreement and the answer is yes. The Board asked if T-Mobile has any other roaming agreements with other carriers. Mr. Grossman responded no, not in Massachusetts.
The Board questioned the traffic count proffered for Route 126 in the area of the claimed gap. Mr. Grossman answered that data is what it is and this data was from a 1994 traffic count on Route 126.
The Board noted that it had received a copy of a letter dated August 16, 2007 from the Massachusetts Historical Commission addressed to Mr. Brian Lever, EBI Consulting. The letter contained questions posed by Ms. Simon of the Historical Commission concerning the visual impact of the proposed tower. The Board inquired whether there has been a response from Mr. Lever to Ms. Simon, Executive Director of the Mass. Historical Commission. Mr. Grossman said that he would find out if any response had been sent and give the Board a copy.
The Board asked Mr. Domnitz if the Planning Board had any comments to make concerning the latest supplemental filing. Mr. Domnitz responded that he has nothing more to add to what has been said at this time, but that the Planning Board was going to prepare a written statement for the Zoning Board of Appeals.
Mr. Robb Webb, 9 Old Concord Road, said he still believes that the applicant should have gone to the Planning Board with its concerns about potential service gaps in Lincoln. He also observed that wireless communication technology is changing rapidly, cell phone sensitivity is going up and the applicant should wait a year or two to determine what type of facility might best serve its needs in the long term
Ms. Nathalie Rice, 31 Red Rail Farm, stated that Mr. Johnson won’t live at Red Rail Farm forever and when the house is sold, if a cell tower is present, it won’t be sold to a horse farm owner.
Mr. Gustav Beerel, 25 Red Rail Farm, reiterated that the applicant has yet to approach the Red Rail Farm Cluster Trust for access to the site.
Ms. Kate Wolf, 50 Old Concord Road, repeated that she had spoken with the owners of Lincoln Fuels and that they are favorably disposed to the idea of a cell tower on their property. Mr. Grossman responded that there are a number of site issues of significant concern to Omnipoint due to environmental issues at that potential location.
The following items remain outstanding and will be submitted to the Board for consideration:
1) Addendum to the Report by the Board’s consultant, Mr. David Maxson of Broadcast Signal Lab.
2) Written Testimony from the Planning Board
3) A letter from Brian Lever of EBI Consulting in response to the request of the Historical Commission, if it exists.
4) A copy of the Lease agreement between the applicant and Mr. Kimmond Johnson.
The parties were requested to submit all such documentation by December 20, 2007.
A motion to close the record, except for the documentation to be submitted listed above, passed unanimously.
Mr. Grossman agreed to the Board’s request for a short extension of the previously-agreed deadline to file the opinion in this matter. The date for filing was mutually agreed to be February 15, 2008 rather than January 31, 2008.
The meeting was adjourned at 11:30 pm.
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