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Zoning Board of Appeals Minutes January 21, 2015
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting – Open Meeting Law – Section III.

Members present:  Peter Conner, Michael Main, Edward Conroy, James Simpson, and Michael Leary

Members absent:  David Peck and William Keohan

Director of Inspectional Services:  Paul McAuliffe

Recording Secretary:  Tracey McCarthy

Mr. Conner called the meeting to order and explained the procedures for the evening.

Public Hearing:         Varsity Wireless, LLC – Case # 3772
                        836 Bourne Road
Special Permit per Section 205-40, Paragraph D5, subject to Environmental Design Conditions; and, a Special Permit per Section 205-17, Paragraph I1 to exceed the height requirements in order to construct a 170’ tall wireless telecommunications tower.

Sitting:  Mr. Conner; Mr. Conroy; Mr. Main; Mr. Simpson; and Mr. Leary

Mr. Main read the legal advertisement into the record.

The Board received the following documentation* for review of this case:  
  • Notice of public hearing
  • ZBA Signage Requirement
  • ZBA Permit Application
  • Environmental Impact Statement
  • Letter of Denial from Dept. of Inspectional Services
  • Deed
  • Project Narrative
  • FAA Determination of No Hazard to Air Navigation
  • Affidavit of Radio Frequency Expert and RF Coverage Maps
  • Affidavit of Site Acquisition Specialist
  • Photos of Existing Condition
  • Photos of Similar Sites
  • Site Plans:
  • Title Sheet (T-1) dated 7/10/14
  • Abutters Plan (C-1) dated 8/29/14
  • Existing Condition (C-2) dated 8/29/14
  • Plot Plan (A-1) dated 7/10/14
  • Site Plan (A-2) dated 7/10/14
  • Compound Plan & Elevation (A-3) dated 7/10/14
  • Driveway Plan & Profile (P-1) dated 7/10/14
  • Details (D-1) dated 7/10/14
  • Erosion Control (EC-1) dated 7/10/14
  • January 6, 2015 Planning Board comments
  • December 10, 2014 Engineering comments
  • November 26, 2014 Fire Dept. comments
  • January 13, 2015 Email from Fran Parisi RE balloon test
Francis Parisi, Petitioner, recapped the request for Special Permits.  He reviewed the Fire Dept. comments and noted that he will be providing space on the tower for the Fire Dept.   He reviewed the modified site plan and stated that it was amended to add the public safety antennas per the Fire Department’s request.  He explained Varsity Wireless’ nature of business, purpose, and background.  He presented a Powerpoint Presentation that outlined the scope and purpose of the entire project.  He summarized the results from the balloon test and reviewed the tower height and design.  

Michael Leary asked about the difference in the megahertz.  Keith Valente, Technical Engineer for C Squared Systems, LLC explained how megahertz works and the difference in frequencies and coverage areas with frequencies.  

James Simpson asked if there were any cell companies that have signed up to use the tower.  Mr. Parisi stated no and explained that cell companies are getting away from building towers themselves and are relying more on real estate developers.  Mr. Simpson was concerned about wind and asked about guide wires.  Mr. Parisi addressed Mr. Simpson’s concerns.  

Public comment in favor:  Steve Lydon; Lake View Blvd. resident; Fire Chief Ed Bradley;  Michael Brian; David Luster

Public comment in opposition:  Jim Palmer, Lunn’s Way

Chief Bradley commented that the Fire Department has identified this area as a gap area and by having space on this tower it would save tax payers approximately $200,000.00 and additionally, would save lives because it would provide better coverage for 911.  

The Chairman closed public comment.

Mr. Parisi closed with comments about safety and how telecommunication towers work and noted that this is a 10 watt communication tower.  He stated that there would be a security fence around the tower and a security gate at the driveway.  

The Chairman closed the public hearing.

Mr. Main motioned to approve Special Permits for Case No. 3772 with conditions as discussed.    Mr. Simpson seconded.  

Granted unanimously (5-0)

Public Hearing:         Mann Farms, Inc. – Case # 3773
                        810 Head of the Bay Road
Special Permit per Section 205-18, Paragraph B3 through B5; Special Permit per Section 205-18, Paragraph F1; Special Permit per Section 205-18C; Special Permit per Section 205-18F (1a and 1b); Special Permit per Section 205-18G (1,2,3,4,5,6,7,8,10, & 11); and, a Special Permit per Section 205-40, Paragraph D1 subject to Environmental Design Conditions in order to remove 84,000 cubic yards of soil.

Sitting: Mr. Conner; Mr. Conroy; Mr. Main; Mr. Simpson; and Mr. Leary

Mr. Main read the legal advertisement into the record.

The Board received the following documentation* for review of this case:  
  • Notice of public hearing
  • ZBA Petition Application
  • Dept. of Inspectional Services denial dated October 21, 2014
  • Deed recorded in BK 37433, PG 240
  • Reply to Earth Removal Comments
  • January 6, 2015 Planning Board comments
  • December 9, 2014 Engineering comments
  • November 26, 2014 Fire Dept. comments
  • December 29, 2014 Peer Review comments from Beals & Thomas
  • December 31, 2014 Comments from GAF Engineering RE Beals & Thomas Peer Review comments  
  • November 21, 2014 Letter from GAF Engineering RE Request for Determination of Applicability
  • Environmental Impact Statement
  • Figure 1 – Locus Map
  • Figure 2 – Natural Heritage Endangered Species Program Estimated Habitat Map
  • Figure 3 – Natural Heritage Endangered Species Program Priority Habitat Map
  • Figure 4 – Truck Route Map
  • Figure 5 – Secondary Truck Route Map
  • Figure 6 – Site Distance
  • Notification to Abutters Under the Massachusetts Wetland Protection Act
  • Colored Site Map
  • Aerial view of subject location
  • Figure 1 Site Photos
  • Earth Removal Permit Plan – 1 of 2 dated 9-18-14
  • Earth Removal Permit Plan – 2 of 2 dated 9-18-14
Bill Madden, G.A.F. Engineering, representing Petitioner, reviewed the request for Special Permits and the Site Plan.  He commented that the project is to expand his cranberry bog working area and to carry out normal farm practices.  He reviewed storm water management control and recapped the January 20, 2015 Beals & Thomas supplemental review.  He reviewed truck trips and truck routes.  

There were discussions between the Board and Mr. Madden regarding 2:1 and 3:1 slopes and top soil.  

Edward Conroy asked about the Stormwater Pollution Prevention Plan.  Satisfactorily, Mr. Madden addressed Mr. Conroy’s questions.  

Public comment in favor:  Steve Lydon

Public comment in opposition: John McMann, 10 Morning Mist Lane, Bourne, MA; Karen Gibbede, 10 Morning Mist Lane, Bourne, MA

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Main motioned to approve Special Permits for Case No. 3773 with conditions as discussed.  Mr. Leary seconded.  

Granted unanimously (5-0)

Public Hearing:         76 Court LLC – Case #3774
                        76 Court Street
Special Permit per Section 205-71 for Inclusionary Housing or alternatives thereto, and/or Modification of Condition No. 1 and Condition No. 2 in the Special Permit decision in Case No. 3701 to allow alternatives for Affordable Units in accordance with Section 205-71 of the Bylaw.

Sitting: Mr. Conner; Mr. Main; Mr. Conroy; Mr. Simpson; and Mr. Leary

Mr. Main read the legal advertisement into the record.

The Board received the following documentation* for review of this case:  
  • Notice of public hearing
  • ZBA Petition Application
  • Deed recorded in BK 43270, PG 185
  • Residences at the Armory Condominium – Condo Site Plan
  • Unofficial Property Record Card – 11 Clyfton Street
  • October 14, 2014 letter from ZBA RE Review of Affordable Unit
  • ZBA Decision No. 3701
  • January 13, 2015 Planning Board comments
  • Memorandum of Understanding dated January 9, 2015
  • Site Map 11 Clyfton Street & The Armory
Atty. Bob Betters, representing Petitioner, recapped background of the existing Special Permit and reviewed Condition No. 1 and Condition No. 2.  Atty. Betters summarized the history of marketing steps that were taken for this property.  He recapped the October 2014 ZBA meeting.  He articulated the current request to transfer the inclusionary housing from 76 Court Street to 11 Clyfton Street.  He noted that the Russell Street property is not constructed yet and that it will take about another 12 months to go through the construction process.  He explained the demand differential between an actual sale of a unit and rental of a unit.  He summarized the existing and proposed conditions for 11 Clyfton Street.  

Rick Vayo, Owner, summarized history of the Court Street property regarding the affordable unit aspect of the project.  

Michael Main raised questions about bedroom counts.  His concerns were addressed by Atty. Betters and Mr. Vayo.  

The Board and Petitioner reviewed and discussed the MOU.  

Public comment in favor:  Steve Striar, 25 Steeple Chase

Public comment in opposition:  No one

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Main motioned to transfer one, 1 bedroom unit from 76 Court LLC to 11 Clyfton LLC for purpose of affordable housing in perpetuity and modification of Condition No. 9 in the MOU regarding Special Permit for Case No. 3774.  Mr. Leary seconded.  

Granted unanimously (5-0)

Public Hearing:         7 Russell LLC – Case # 3775
                        7 Russell Street
Special Permit per Section 205-71 for Inclusionary Housing or alternatives thereto, and/or Modification of Condition No. 1 and Condition No. 2 in the Special Permit decision in Case No. 3741 to allow alternatives for Affordable Units in accordance with Section 205-71 of the Bylaw.

Sitting:  Mr. Conner; Mr. Main; Mr. Conroy; Mr. Simpson; and Mr. Leary

Mr. Main read the legal advertisement into the record.

The Board received the following documentation* for review of this case:  
  • Notice of public hearing
  • ZBA Petition Application
  • Deed recorded in BK 44626, PG 316
  • ZBA Case No. 3741 Decision
  • January 13, 2015 Planning Board comments
  • Memorandum of Understanding
  • Site Map of 11 Clyfton Street & 7 Russell Street
Atty. Bob Betters, representing Petitioner, recapped background of the existing Special Permit and reviewed Condition No. 1 and Condition No. 2.  Atty. Betters summarized history of marketing steps that were taken for this property.  He recapped the October 2014 ZBA meeting.  He articulated the current request to transfer the inclusionary housing from 7 Russell Street to 11 Clyfton Street.  

Public comment in favor:  Steve Striar, 25 Steeple Chase

Public comment in opposition:  No one

The Chairman closed public comment.  

The Chairman closed the public hearing.   

Mr. Main motioned to transfer one, 1 bedroom affordable unit and one, 2 bedroom affordable unit from 7 Russell LLC to 11 Clyfton LLC and modification of the MOU regarding Special Permit for Case No. 3775.  Mr. Conroy seconded.  

Granted unanimously (5-0)

Other Business:         Approval of January 7, 2015 ZBA Meeting Minutes

Mr. Simpson motioned for the Board to approve the January 7, 2015 Meeting Minutes as presented.  Mr. Leary seconded.

Agreed unanimously (5)

Mr. Main motioned to adjourn the meeting.  Mr. Simpson seconded.  Agreed unanimously (5)

*On file with the Zoning Board of Appeals in project case files.

Respectfully Submitted
Tracey McCarthy
Administrative Secretary
Approved:  February 18, 2015