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Meeting Minutes of the Zoning Board of Appeals
May 21, 2009
Meeting convened at 7:30 pm in the Donaldson Conference Room. Present: John Kimball, Chair, Steve Daigle, Joel Freedman, Anna Hardman, Jeff Macklin, Margaret Olson, Megan Stride and Win Quayle, and Dorothy Blakeley, ZBA Clerk.
New Matters:
Public Safety Radio Tower, 0 Bedford Road, M/P 45 11 0, for a special permit to maintain a tower for public safety emergency radio communications. Mr. Timothy Higgins, Town Administrator, Anita Scheipers, Assistant Town Administrator, and Mr. Paul Svetz, Public Safety Radio Tower Committee, appeared on behalf of the Town and Selectmen. Mr. Higgins opened the meeting noting the last time we met on this matter was on January 24, 2008. Since that time, the Radio Tower Committee has been working to understand the issues such as the FAA regulations and requirements, the height of the tower as proposed, and as-built, and the surrounding vegetation and trees especially of concern to abutters. The current proposal is to maintain the tower in the site where it was placed, but lower the tower from 80
feet to 66 feet and install an un-activated light at the top of the tower. It was noted this light will require only testing periodically and that the light will not be monitored by the FAA, but by local Public Safety officials. The tower will remain in its location which is approximately 30 feet from where the permitted location was and the Radio Tower Committee is working with neighbors regarding mitigation through various plantings and trees. Mr. Svetz noted that the current location of the Radio Tower is not in compliance and is in violation of what was permitted. The public safety communications that this tower serves are fire, police, medivac, FEMA and the Mass. Emergency Management Agency. Ms. Scheipers stated, if the ZBA were to approve the tower in the current location, the Town of Lincoln would then make an application to the FAA as soon as possible. The FAA would be the one to issue a formal determination in the form of a waiver
to keep the tower in its current location, but at a lower height... Ms. Scheipers further noted that the FAA would not work with the Town in advance of receiving approval from the ZBA. Additionally, the town has hired a consultant in Florida to help the Town of Lincoln through the permitting process. The Board inquired about the process of lowering the tower and the possible loss of communication. Mr. Svetz responded that there is a distinct height advantage and the question remains how much can we lower the antenna without losing communication? The Board and the applicants discussed mitigation possibilities, including wrapping of the tower, proposed plantings, and the fact that each abutter has unique mitigation needs that will require customized planting plans. These customized planting plans will be prepared by Angela Kearney, Town of Lincoln Conservation Planner. The Board opened the discussion to the public. Mr. Paul Shelman, 21
Hilliard Road, noted that he is working with Angela Kearney and also suggested painting the white antennas a dull gray to minimize their impact. Mr. Shelman added that he is trying to be a good neighbor as well as help the Town out of a “tight spot,” but hoped that a more permanent solution would be found. Mr. Shelman stated that had the tower been placed in its original permitted location he would not have been able to see it, but now it is placed between his house and Mr. Crosby’s house. Mr. Doug Crosby, 9 Hilliard Road, thanked Mr. Shelman and Mr. Svetz and Mr. Caswell (not in attendance tonight, but part of the Public Safety Radio Study Committee) for all their hard work. Mr. Crosby’s main concern is about lighting and the blockage of light by the trees and requested that some of the taller trees not mitigating the view of the tower be removed. Mr. Buzz Constable, 17 Old Lexington Road, urged the Town of Lincoln to work on
less intrusive solutions to the communication problem since it is possible that the circumstances may change in the future including the possibility that the tower may need to be lit. The Board and the applicants discussed the conditions of the potential permit such as that the light be unlit except for periodic testing, the potential term of the permit, mitigation efforts to be fulfilled and whether the Board would be responsible for determining whether changedshould circumstances change to require that the tower be lit. It was decided that the Board should not shoulder this responsibility should circumstances change since the Board does not have expertise in FAA requirements and that the permit shall lapse if the light on the tower is lit for any reason other than testing. Should this occur, the Board or other interested party could schedule a formal hearing to consider how to proceed. The Board then closed the hearing and discussed the application
including the length of permit and the submission of a mitigation plan.
Action: Motion to approve this public safety radio tower at the reduced height and subject to various conditions approved unanimously for an initial one year term. Panel includes: John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle. John Kimball is the Decision Writer.
Jane Tatlock, 80 Winter Street, M/P 88 11 0, for renewal of an accessory apartment. Mrs. Tatlock represented herself. The board inquired about the plantings and drainage which were issues at the last renewal. The plantings have been done and the drainage is working well. Motion to close the record approved unanimously.
Action: Motion to renew this apartment for a 7 year term approved unanimously. Panel includes John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle. Dorothy Blakeley is the Decision Writer.
James Craig, 10 Farrar Road, M/P 116 14 0, for a special permit to construct additions to a single family house. John G. Parillo is the architect for the proposed project and appeared with Mr. Craig. The proposal includes a small addition to the rear of the house and the creation of a second bathroom, going from 1 ½ baths to 2 ½ bathrooms and creating a more open floor plan on the first floor of the home. The second floor addition consists of a master bedroom and bath which will be created by enlarging the current bedroom. Mr. Craig would also like to alter his existing garage by installing a new overhead garage door and relocating the entrance to the garage. The Board and the applicant discussed the measurement of the existing home, as well as the proposed deck and pergola
and setbacks. The Board inquired about the neighbors and Mr. Craig responded that he has spoken with the closest abutters and they are supportive of the proposed project. Motion to close the record approved unanimously.
Action: Motion to approve this proposal approved unanimously. Panel includes: John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle. Win Quayle is the Decision Writer.
Shapour Alam, 11 Brooks Hill Road, M/P 16 17 0, for an appeal of enforcement action by the Building Inspector. Mr. Alam represented himself and the Building Inspector, Earl Midgley, was also in attendance. One of the Board members, Joel Freedman, recused himself from this panel. The Board noted that the legal requirement in the bylaws under section 13.5 only applies to lights added or changed after the provision was added in 2004. Mr. Alam stated he has lived at 11 Brooks Hill for 26 years and has seen various owners of both 12 Brooks Hill and 9 Brooks Hill Road. Mr. Alam claims the post lamps were installed at 12 Brooks Hill in 2004 and also that the lights over the garage have changed at the same address. Mr. Alam stated that the light at the back of the house remains on
from 8:00 pm until 5:00 am daily. Mr. Alam said starting in October 2008, the lighting at 9 Brooks Hill Road became brighter and also that there were bulbs installed very recently and these bulbs are powerful fluorescent lights. Mr. Alam noted that the usage of these lights have decreased and are on from 8:00 pm to 11:00 pm daily. The 3rd house Mr. Alam is concerned about is 7 Brooks Hill Road and claims that 2 flood lights on the back of the house are pointed upwards and the light reflects off the walls inside Mr. Alam’s home. Mr. Alam stated that the owners have lived there for 20 years. The Board asked Mr. Alam to focus on the mitigation efforts of 9 and 12 Brooks Hill Road. Mr. Alam claimed nothing has been done to mitigate 12 Brooks Hill Road and that the lights over the garage are aimed intentionally at his house. The Board invited Mr. Midgley to offer to comments on this situation. Mr. Midgley became involved in
December 2008 at the request of Mr. Alam and subsequently made numerous site visits and communications with the neighbors at 9, 12 and 7 Brooks Hill Road over a period of 4 months. Mr. Midgley worked with the neighbors to try and find a solution to Mr. Alam’s complaints and although many mitigation efforts were tried, including removing bulbs and installing light shields, none of these efforts satisfied Mr. Alam. Ultimately, Mr. Midgley sent a letter dated March 20, 2009 to the owners of 9, 12 and 7 Brooks Hill Road finding them to be in compliance. The Board invited the public to speak. Mr. John Ritz, 9 Brooks Hill Road, stated the only change he has made was to put in compact florescent bulbs to save energy on his electric bill. Mr. Ritz also decreased his motion detector light above the garage from 120 watts to 100 watts to try and remedy the situation. Mrs. Leonardi, 12 Brooks Hill Road, has also pointed all her floodlights down as well
as decreased the wattage in her garage light from 120 to 75 watts. Mrs. Leonardi’s husband travels frequently and her home had been broken into twice before she bought the property. The police officer who was called to the property by Mr. Alam’s complaints, agreed with Mrs. Leonardi that having lights on increased her security. Mrs. Salma Alam, 9 Brooks Hill Road, and mother of the applicant, Shapour Alam, stated the light reflects on her bedroom and disturbs her prayers. Andrew Pang, 4 Brooks Hill Road, came to the meeting to support his neighbors at 9 Brooks Hill and 12 Brooks Hill. Mr. Pang is an architectural historian and stated that the lights at 9 Brooks Hill Road are period fixtures and original to the house. Mr. Pang also voiced his support of Mrs. Leonardi’s concerns over security noting there is a public trail easement along the back of her garage which could compromise her safety.
The chairman noted this is a complicated set of facts and and he is reluctant to send out the board collectively to make a site visit. It was decided that two members of this panel will make a site visit and report back to the Board.
Action: This matter is continued to our June 18, 2009 meeting. Panel includes John Kimball, Chair, Anna Hardman, Jeff Macklin, Win Quayle and Megan Stride. Anna Hardman is the Decision Writer.
Accessory Apartment Renewals:
Susan Brooks and Eric Harris, 138 Bedford Road, M/P 22 29 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Administrative:
The Board signed the following completed decisions:
SaVAtree, 15 Lewis Street
Builder’s Club, 181 Lincoln Road
Stephen Binder and Kris Estes, 36 Beaver Pond
Lincoln Fuels, 110 Concord Road
Accessory Apartment Decisions:
Mark Golden, 15 Old Sudbury Road
William Fisher, 16 Granville Road
Sophie Freud, 34 Laurel Drive
Ronald McDougald, 22 Lincoln Road
Meeting minutes from April 30, 2009 approved.
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