Zoning Board of Appeals
Minutes
October 14, 2015
Landuse Meeting Room
Members present: Acting Chair Shawn Leary Considine, (SLC); Robert Fuster, (RF); Robert Fuster Jr., (RFjr); Clifford Snyder (CS); and Al Harper, AH
Absent with notification: Ethan Berg and Ned Douglas
Staff present: Land Use Director/Town Planner Gwen Miller (GM) and Land Use Clerk Peggy Ammendola, (PA)
Crown Atlantic Company LLC, 0 and 90 Pittsfield Road (Map 22, Parcels 38 and 39), Special Permit Section 6.11 “Personal Wireless Service Facilities and Towers” and Section 9.4 “Special Permits” of the Lenox Zoning Bylaw. This would allow the continued operation of an existing 135’ multi-user monopole tower which includes existing antenna installation of multiple personal wireless service providers and ground equipment shelters located within an existing, enclosed area with a locked gate. The initial hearing was held on September 16, 2015 and was to be continued to October 7, 2015, but due to a conflict it was rescheduled to October 14, 2015.
Present were Suzanne Merritt, the owner of Lenox Fitness, and her husband Matt Merritt.
Presenting the application was Attorney Elizabeth Thompson of Duval & Klasnick LLC.
At the September 16th hearing, the Board voted to agree to a continuation in order for Crown Atlantic to produce evidence of the reimbursement of their share of property tax to Ms. Merritt.
Attorney Thompson told the Board that she had communicated with Ms. Merritt via email the day following the last hearing and has resolved the issue of the past due property tax payment. Ms. Merritt confirmed that the payment has been received. Attorney Thompson stated that her client is aware of the next payment which is to be made the first week of November and she has established a point of contact in her client’s processing department for Ms. Merritt should Ms. Merritt need to speak to them in the future.
RFjr noted that he was displeased that Crowne Atlantic had not complied with the terms of the previous decisions and wanted to be sure that should this petition be approved, there would be enforcement. Attorney Thompson referred to the zoning bylaw whereby the Town would hire someone and Crown Atlantic would pay for the services, but that going forward she said that her client would agree to whatever procedure the Board preferred.
SLC asked GM if she had spoken with Building Commissioner Don Fitzgerald. GM responded that she had and that Mr. Fitzgerald was comfortable with the petition as presented and that should the Board grant the applicant’s request he would issue the permit.
The Board reviewed and discussed the various sections of the zoning bylaw which requires compliance. Those sections related to a five year review; performance bond; annual emissions report; structural report at five years; and annual certification of insurance.
Ms. Merritt said that once she was put in touch with Crown Atlantic’s tax paying department they were able to set up a process for the future. She will submit the tax bill to them two weeks prior to when the payment is due. She appreciated the time and the effort to resolve this issue.
With regards to the contractual agreement that Ms. Merritt has with the land owner, the Board stated that Crown Atlantic would be responsible to provide yearly evidence of compliance to abide by any contractual conditions, including but not limited to, payment of taxes.
RF made a motion to close the public hearing and RFjr seconded the motion. The Board voted to agree 5-0.
RF made a motion to approve the Special Permit for exception under the provisions of Section 6.11 “Personal Wireless Service Facilities and Towers” and Section 9.4 “Special Permits” of the Lenox Zoning Bylaw to allow the continued operation of the existing tower as it was approved and then amended. AH seconded the motion.
The Board voted to grant the petition 5-0. Conditions to the decision were as follows:
- The Petitioner shall post a performance bond set forth in accordance with Tab 12 of their submission. SLC made the motion and RF seconded the motion. The Board voted to approve this condition 5-0.
- Pursuant to Section 6.11.21, every five years the Petitioner is required to:
a) Submit a petition for the continuance of the permit under Section 6.11.21.
b) Hire a structural engineer/consultant and present a structural report pursuant to
Section 6.11.17 (5).
SLC made the motion and RF seconded the motion. The Board voted to approve this condition
5-0.
- The petitioner agrees to provide on a yearly basis the following items:
a) Emission report pursuant to Section 6.11.17.3A
b) A certificate of insurance pursuant to Section 6.11.20 (1)
c) Evidence of compliance of agreement with the owner including proof of tax payments.
SLC made the motion and RF seconded the motion. The Board voted to approve this condition
5-0.
- RF made a motion that pursuant to Section 6.11.21 the Special Permit that is allowed tonight with conditions will expire after 5 years of granting a permit, absent a prior application for a Special Permit and a Decision by the SPGA (special permit granting authority) to extend the Special Permit. CS seconded the motion and the Board voted to approve 5-0.
Approve Minutes: September 16, 2015-RF made a motion to approve the minutes as published. SLC seconded the motion and the Board voted to approve 5-0.
Respectfully submitted,
Peggy Ammendola
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