4/3/2013 - Meeting Minutes

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4/3/2013 - Meeting Minutes

Postby Maria Lajoie » Thu Aug 15, 2013 11:29 am

DOUGLAS ZONING BOARD OF APPEALS
MEETING MINUTES
WEDNESDAY, APRIL 3, 2013

The meeting was called to order at 7:02pm.

ATTENDANCE
Present: Daniel Heney (Chairman), Pamela Holmes (Vice Chairman), Sean Holland, John Bombara and Maria Lajoie (Administrative Secretary).
Absent: Leonard Demers.

7:02 PM ZBA CASE #2013-01
PUBLIC HEARING: NEW CINGULAR WIRELESS, PCS, LLC
97 Southwest Main Street
Request for Special Permit
Present on behalf of the Applicant was Brian Allen of KJK Wireless. Allen is requesting a Modification of a Special Permit in a Residential Commercial Two (RC-2) zoned area, to install three (3) additional antennas and related equipment to the monopole for A T & T. The original Special Permit was granted to owner SBA, Inc. in April of 2000 (Case #380) which allowed up to six (6) antennas (Condition #7). Allen said there are presently 12 cables and is less weight. Allen said that A T & T will be adding a new GSM system to the UMTS & LTE (data) that is currently in place. Holmes asked if there would be any ramifications to public safety transmissions or reception and Allen said he has been running these systems for three years and there shouldn’t be any problems and that the FCC is very specific and fines are heavy. Holland said that according to the letter from the Building Commissioner no inspections have been done. Allen submitted an inspection report dated 12/27/12 that went to the Town Clerk’s office. Allen said inspections are done yearly. Holmes said that the Building Commissioner stated in her letter to Allen that she has not received an inspection report since 2004 and Holmes said that if Allen had supplied the Building Commissioner with the report, ZBA would have been given the information. Abutter Robert Sadowski of 111 Southwest Main Street asked if a sign could be placed at the beginning of the driveway because he stated that when workers come to inspect, they drive into his property and turn around on his grass. Allen said he could have a post installed saying 93 Southwest Main Street. Bombara said as long as it is something small. After discussion, a Motion was made by Holland to close the Public Hearing, seconded by Holmes. Vote was unanimous. A Motion was made by Bombara to grant this Special Permit Modification to include three (3) additional antennas, with the conditions: 1.) install a number sign and 2) that the prior approval granted to SBA, Inc., in April of 2000 will remain in full effect, seconded by Holmes. Vote was unanimous.
Mr. Allen continued his attempt to explain all circumstances, etc.; Holland stated that SBA, Inc. owns the facility and KJK Wireless is not affiliated with them so how can KJK Wireless install three antennas on SBA’s monopole?
A Motion was made by Holland to re-open the Public Hearing, seconded by Holmes. Vote was unanimous.
Holland asked if SBA, Inc. was still the renter and Allen said yes and the conditions would be a part of SBA’s original permit. Holmes said that Allen has come in as a tenant but the renter is SBA, Inc., who is not here tonight.
Bombara suggested that the Board may want to check with Town Counsel. Holland said the Board is voting about SBA, Inc., not KTK Wireless. Which entity is getting the Special Permit? There was much discussion held.
Allen said that SBA has a Special Permit for six (6) antennas and asked Allen to get a Special Permit for an additional three (3) antennas for A T & T. Holmes feels that SBA, Inc. should be here. Holland said he thought that SBA, Inc. was no longer the renter. Allen said that John & Patricia Koslak own the property, SBA, Inc. is the renter and A T & T is a tenant. After discussion, a Motion was made by Holland to close the Public Hearing and issue the following conditions to New Cingular Wireless, PCS, LLC, seconded by Bombara. Vote was unanimous.
1. The following Condition was added to the original Conditions issued to SBA, Inc., Case #380 dated April of 2000: #4a. Prior to the connection of the additional three (3) antennas, the Applicant shall install a sign at the beginning of the road that states 93 Southwest Main Street and the letters are to be a minimum of 4-inches high.
2. The following Condition was added to the original Conditions issued to SBA, Inc., Case #380 dated April of 2000: #17a: An additional three (3) antennas were approved on April 3, 2013 by the Zoning Board of Appeals for one Communications Carrier (A T & T) for a total of nine (9) antennas.
3. All plans and documentation shall be submitted to the Building Commissioner for review and issuance of the Building Permit.
4. The Conditions of the original approval of a Special Permit and Variance(2) issued to SBA, Inc. in April of 2000, Case #380, shall remain in full force and effect.

Meeting Minutes of 12/5/2012: After review, a Motion was made by Holmes to approve the Meeting Minutes of December 5, 2013, as written, seconded by Holland. Vote was unanimous.

Discussion:
1. FY2014 Budget: Update. The Board agreed to level fund in the amount of $3,460.
2. Planning Board Application: Louis Tusino, Cardinal Drive / Modification of a Subdivision Plan. Bombara said that a deed is a legal entity. The Board had no comments.



ADJOURNMENT
At 8:46pm, a Motion was made by Holland to adjourn the meeting, seconded by Holmes. Vote was unanimous.

Respectfully submitted,



Maria D. Lajoie
Administrative Secretary
Maria Lajoie
Maria Lajoie
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