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HomeMy WebLinkAbout2011-02-17 Zoning Board of Appeals MinutesTown of Reading ZONING BOARD OF APPEALS Minutes of February 17, 2011 Members Present: Clark Petschek, Chairman John Jarema John Miles Robert Redfern Damase Caouette Kristin Cataldo Jeffrey Perkins Members Absent: A meeting of the Zoning Board of Appeals was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street, Reading, Massachusetts, at 7:00 P.M. Also in attendance was Glen Redmond, Commissioner of Buildings. Case # 11-03 A Public Hearing on the petition of Kenneth Adams, Agent for AT&T, who seeks a Special Permit and an appeal of a decision of the Building Inspector under Sections 4.3.5 and 7.4.2 of the zoning bylaws in order to modify the existing roof top wireless telecommunications facility and to add antenna panels and other equipment on the property located at 1 Summit Drive in Reading, MA. Kenneth Adams presented AT&T's proposal to add three additional antenna panels to the existing six antenna panels to be able to offer 4G network coverage. They also will add a fagade to cover these new panels as was done before. They also want to add 6 RRH, which are small radio units mounted on the side wall of the penthouse and not visible from the street. A fiber cable will go down to the existing equipment space along the conduit that is painted to match so it will not be visible. Mr. Adams said the language of the lease with Summit Towers will allow this work to be done. The Building Inspector thought a new Special Permit was required to do this work. The Board members asked various questions about the equipment and how it works. There were no questions or comments from the public. On a motion by John Jarema, seconded by Robert Redfern, the Zoning Board of Appeals voted unanimously to grant the Applicant's requested modifications to Special Permits #97-04 and #05-22 for the described changes to the roof top wireless communication facility._ Such approval is subject to the following conditions: 41.1 ZBA Meeting, February 17, 2011 1 1. Pursuant to Section 4.3.5 (0 of the zoning bylaws, AT&T shall submit to the ZBA a written certification that should any complaint as to electronic or electromagnetic interference be received, AT&T shall forthwith exercise its responsibility to remedy such interference, and 2: That this proposed modification be constructed as described by the control documents listed, and 3. That any additional or subsequent modification or changes to the control documents shall be subject to approval by the ZBA prior to such modifications or changes, and 4. All other terms and conditions of the original and modified Special permits granted shall remain in effect. The vote was 5-0-0 (Petschek, Miles, Redfern, Jarema, Perkins). Case # 11-02 A Public Hearing on the petition of Ronald Thibert who sought an appeal of the Building Inspector's decision of denying a building permit application under Section 7.4.2 of the zoning bylaws in order to obtain a building permit for site work for a Comprehensive Permit that has expired for the property located at 45 Beacon Street in Reading, MA. Angelo Salamone, owner of the property, distributed additional material relating the history of this project that he reviewed for the Board. He stated the permit he had been granted has not expired and is still in effect. The Chairman said the Board had previously determined, in concurrence with the legal guidance of Town Counsel, that the Comprehensive Permit had lapsed. Mr. Salamone said he is appealing the denial. of the building inspector to issue a building permit. Mr. Jarema said all they can do this evening is address what has been asked and that is Mr. Salamone wants an appeal of the Building Inspector's denial of a building permit. This is the same exact request presented by Mr. Salamone that was just denied by the Board on December 16, 2010. Mr. Jarema reviewed how the Board has dealt with this proposal over the years. He also said Mr. Salamone needs to start over again and appear before the DRT with a new proposal. Mr. Jarema suggested to Mr. Salamone that what he has submitted is now not acceptable and he needs to begin again to meet the Town's new criteria. The Building Inspector said the plans submitted were inadequate and the comprehensive permit had lapsed. Mr. Caouette agreed with this and noted that various departments in the Town also had issues and the application does not address these issues. The rest of the Board agreed. Mr. Petschek asked Mr. Salamone if he wanted to address any of the reasons for denial in the letter given to him by the Building Inspector and he said no. Ed Beebo questioned why the application had been submitted by Ronald Thibert and not Mr. Salamone and how was Mr. Thibert involved in the project. Mr. Salamone said Mr. Thibert would handle the day-to-day operations for the project. ZBA Meeting, February 17, 2011 2 On a motion by Jeffrey Perkins, seconded by Robert Redfern, the Zoning Board of Appeals voted unanimously to uphold the decision of the Building Inspector and deny the Applicant's appeal for a building permit for work for a retaining wall and drainage at the property. The vote was 5-0-0 (Petschek, Miles, Redfern, Jarema, Perkins). Minutes On a motion by Robert Redfern, seconded by Jeffrey Perkins, the Zoning Board of Appeals voted unanimously to approve the minutes of January 6, 2011. The vote was 6-0-0 (Petschek, Redfern, Jarema, Miles, Caouette, Perkins). On a motion by Damase Caouette, seconded by John Jarema, the Zoning Board of Appeals voted unanimously to approve the minutes of January 20, 2011 with changes. The vote was 6-0-0 (Petschek, Redfern, Jarema, Miles, Caouette, Cataldo). Adjournment On a motion by Kristin Cataldo, seconded by John Miles, the Zoning Board of Appeals voted unanimously to adjourn the meeting. The vote was 7-0-0 (Petschek, Redfern, Jarema, Miles, Caouette, Perkins, Cataldo). Respectfully Maeen M. Recording S ZBA Meeting, February 17, 2011 3