Approved To Town Clerk MINUTES OF THE MEETING OF THE BOARD OF APPEALS BURLINGTON, MA. April 7,2015

Transcription

1 Approved To Town Clerk MINUTES OF THE MEETING OF THE BOARD OF APPEALS BURLINGTON, MA April 7,2015 Chairman John Alberghini called the regular meeting of the Burlington Board of Appeals to order at 7:30 p.m. The meeting was held in the Main Town Hall Meeting Room, 2nd Floor, 29 Center Street, Burlington, MA. Present: Chairman: John Alberghini, Vice-Chairman: Claudia Augustin, Clerk: Joseph Morandi, Charles Viveiros, and James Halloran and Ed Mikolinski Absent: Jim Tigges Continued from February 3rd and February 17th, and March 17 th and April 7 th Lexington St. ( ). Eligible to vote: Mr. Alberghini, Ms. Augustin, Mr. Morandi, Mr. Viveiros, and Mr. Halloran. Mr. Alberghini read the Board received an from the applicant asking to continue the hearing until April 21, Motion made and seconded the hearing until April 21, All in favor. 8 Travers Lane ( ) Eligible to vote: Mr. Alberghini, Mr. Morandi, Ms. Augustin, Mr. Halloran and Mr. Tigges. notified of the hearing. Mr. Viveiros read the legal notice into record. Rev. Francesco Passamonte introduced himself and stated he was looking to add a shed to his garage. He explained the land in back of his house is very steep and due to his disabilities he was unable to assess it. Board members asked for additional information on the shed and why he chose the location. Rev. Passamonte described the shed will be 10 by 12 with a concrete floor, attached to the house with no opening between the shed and garage. He will be using it for storage of equipment. He could not place it on the other side or behind the garage because of a room and windows that are there makes it is not adaptable. The door on the shed will be a double door and the roof would be slanted and 12 feet high. Mr. Morandi stated he agrees the back of the property is very steep and he understands there is no other place to place it. Board of Appeal Members: Chairman John Alberghini, Vice Chairman Claudia Augustin, Clerk Joseph Morandi, Charles Viveiros, James Halloran, Jim Tigges and Ed Mikolinski

2 Hearing opened to the public. Mr. Alberghini read a letter in favor Maria and Tom Fournier. Motion and seconded to close the public hearing. Motion made and seconded to approve 8 Travers Lane to construct a 10 by 12 shed to be no less than 10.9 feet off the left side property line as shown on the certified plot plan and the height of the shed to be no greater than 12 feet. All members voted in favor. 5-0 Redstone Grill ( ) Eligible to vote: Mr. Alberghini, Mr. Morandi, Ms. Augustin, Mr. Halloran and Mr. Viveiros notified of the hearing. Ms. Augustin read the legal notice into record. Mr. Joe Diruzza introduced himself from Signarama and stated he was in front of the Board to request approval for a new sign package (8) for Redstone Grill. Mr. Alberghini stated Redstone was recently in front of the Board and was granted a sign packet variance. He wanted to know if all the signs were different and if this means the other package was null and void. Mr. Diruzza responded when they laid out the signs they decided to make some changes to the signs. Mr. Morandi pointed out the Board spent considerable time reviewing the signs and granting them and at that time they were informed no writing on the awnings and they are back in front of the Board asking for writing on the awning. He stated he felt Nordblom and Redstone should be here to help explain what was going on. Mr. Diruzza stated there had been some changes to the building requiring them to change some of the details. Mr. Morandi corrected him stating the building had not changed. Ms. Augustin stated she was concern with how the Board should go forward. Mr. Alberghini reviewed the differences with this application compared to the previous application. Concerns discussed about the sizes and location of some of the signs, sconces, and writing on awning and if any signs can be eliminated. Mr. Morandi asked Mr. Diruzza if he has authority to make changes to the plans. The option of going back and talking with his client or continue the hearing was given to the applicant. Mr. Diruzzi stated he would like to continue the hearing.. A motion made and seconded to continue the hearing until May 3, All members voted in favor to continue the hearing. 2

3 The Bancroft ( ) Eligible to vote: Mr. Alberghini, Mr. Morandi, Ms. Augustin, Mr. Halloran and Mr. Viveiros notified of the hearing. Mr. Halloran read the legal notice into record. Mr. Josh Webber, owner of the Bancroft stated he was in front of the Board previously and is in front of the Board again because the marquee sign which was previously approved for externalillumination, however after putting up the sign, they realized it is not visible. He pointed out some of the other options he has tried. He is looking to add internal illumination to the sign and change the colors. It will be a similar sign, with the same dimensions, at the same spot, and it would be black during the day and white at night with 75 lumens per foot. Board members liked the looks of the sign and did not have a problem with the addition of the lighting Hearing open to the public. Noone present to speak for or against. Motion made and seconded to close the hearing. All members voted in favor. Motion was made and seconded to approve Bancroft for sign to be no more than 30 inches in height by inches in length according to the construction work order Number , dated 1/31/2015 as submitted with the application to read The Bancroft with the condition the illumination to be less than or equal to 90 lumens per foot. Members voted 5-0 in favor. Sawmill Brook- Neon ( ) Eligible to vote: Mr. Alberghini, Mr. Morandi, Ms. Augustin, Mr. Halloran and Mr. Viveiros notified of the hearing. Mr. Mikolinski read the legal notice into record. Chris Thompson, Neon s Assistant Director of Facilities and Cory Ritz, Interim Director of Field Operations from the Neon Fitchburg Office introduced themselves. Mr. Thompson stated they were in front of the Board because Neon is planning on placing an Ecological monitoring tower at the Sawmill Brook Conservation Area, and because the tower is to be 127 feet they need a variance. He briefly explained Neon stands for National Ecological Observatory Network (NEON) is non-profit company to conduct a continental-scale research platform for discovering and understanding the impacts of climate change, land-use change, and invasive species on ecology. NEON will gather long-term data on ecological responses of the biosphere to changes in land use and climate. He explained in order to collect the data; the tower would have to be over the tree canopy. He informed the Board there were about 60 tower sites and he explained the different domains. 3

4 Ms. Augustin questioned if other towers were placed in a single family residence verses a forest. Mr. Thompson responded they are located throughout the country in a wide range of areas to capture different eco systems and this would allow them to gain data for an urban component. Mr. Alberghini asked what the purpose of the tower was and why it needed to be so high. He was informed some of the specific information was collected through climate sensors: wind, humidity, and temperatures allowing them to see trends in the climate. The reason it is needed to be that height is needs to be out of the roughness layer of the trees. Mr. Morandi asked about the benefit to the town besides the money. Mr. Thompson stated it was an opportunity for public outreach. They will be engaging the schools and universities, data is related to Burlington specifically, and trends in the weather pattern. Board members asked what the hardship would be in order to have the Board approve the request. In response they have never had to go for a variance before, but stated if it is not above the canopy of the trees, they would not be able to get the data. The height of the tower is based on the height of trees. John Keeley, the Director of the Conservation Department stated the Commission is in support of project, adding that the hardship would be because it has to be above the tree line. Mr. Morandi questioned why the Commission would allow this to be in a conservation area. Mr. Keeley responded the Board, there have been some problems in the area, it is used for partying and ATV s resulting in vandalizing of the property. Neon has agreed to put a gate on the top of the driveway and their presence along with camera s on the tower, he is hoping it will deter some of these activities assist in preserving the area and add some safety. Mr. Halloran asked how this site was chosen and is it town property. Mr. Thompson explained in 2006, Neon presented the project for groups and towns to review and if interested they could submitted a proposal and Burlington s proposal was chosen. Mr. Keeley added the Conservation area belongs to the town. Mr. Viveiros asked how often their staff would be present, the amount of land that would be impacted and if there was any other location they could use. He was informed the monitoring is mostly complete by remote but someone comes a couple days, every 2 weeks. Mr. Thompson added he doesn t have the exact amount, but they have made a smaller footprint for the instrumental hut and the soil plots with sensors will have power, however there will be no clearing of trees and minimal damage to the land. Mr. Morandi asked about the electricity, and was informed it would be underground in trenches. William Boivin from the Conservation Commission stated there is a 30 foot drop where there the tower will be places, lessen the visibility of the tower and it is 200 feet from the street. Mr. Morandi asked for the dimensions of the hut and was told it would be 8 by 20 and 9 tall. 4

5 Mr. Mikolinski stated he had some safety concerns and wondered if they had any safety issues with any of their other towers and was informed not to their knowledge. Mr. Mikolinski stated he did not see the hardship and asked if they had ever gotten a variance before. And gave them the definition and explained why he didn t see the requirements are met. Mr. Thompson stated they had gone to get variances, however it had different requirements. Mr. Ritz stated if it was not above the canopy, describing it as a telescope, it would not be able to gather the information and connect with other towers. Larry Cohen, the chairman of Conservation, explained why the commission accepted the project. They believed it was unique because it is a nationwide program to gather the information. The project would have little disturbance to the community and area, In addition it is to be a temporary tower. The Visibility of the tower is less because it is 30 feet down below the level and duration of the construction would be 4-6 months and the project is scheduled to begin in the fall of Mr. Alberghini asked about how much taller is the tower over the trees. He was informed it would be 30 to 35 feet above the top of the tree canopy. Hearing opened to the public. The community voiced opposition and presented numerous concerns about the approval of the tower. Many residents felt the tower will bring down the value of their homes. Some other issues discussed was the grade difference between Sawmill Rd and Mill St, the proximity between the existing homes and the tower, visibility from many areas, it is placed in a conservation area and a residential community, the disturbance the construction will createdlarge equipment coming and going along with the noise and the impact to the wild life living there. The placement of the staging, if after the agreement is over, will it be used for telecommunications, and the possibility of hazarded fuels being located there, and the lack of community knowledge. Mr. Alberghini asked about the plot plan; how far the tower is from the homes (2) If the base structure will have a generator and if it will send out a noise. He was informed there wouldn t be a generator but a transformer would be placed in an insulated area and you would not be able to hear it unless you are 10 feet from the hut. (3) How long is the life of the tower and was told it is a relocatable tower staying there for a 10 year rotation, however there is a possibility it may be longer if the community wants it. Motion to close the hearing made and seconded. All members voted in favor. Further discussion: Mr. Mikolinski asked if any other urban towers are built and was informed none has been built but there are 2 coming very online soon. Mr. Mikolinski stated he does not feel the request for a variance meets meet the requirements under the Massachusetts law. Mr. Viveiros stated he agrees the location is not appropriate. Mr. Alberghini stated he could think of an argument for hardship, but the other intent of the by law and the impact of the public good were not satisfied. 5

6 Motion made and seconded to deny the petition for Sawmill Brook Conservation Area to erect a ecological monitoring tower. Members vote 5-0 in favor of the denial. *List of speakers and letters are available at the Town Clerk s office New Hearing Oracle ( ) Eligible to vote: Mr. Alberghini, Mr. Morandi, Mr. Mikolinski, Mr. Halloran and Mr. Viveiros notified of the hearing. Mr. Viveiros read the legal notice into record. Attorney Mark Vaughan introduced himself, Jonathan Ricker from CSL Consulting Firm and Tim Sullivan from Barlo Signs. Atty. Vaughan explained Oracle has completed the last phase of the campus with a new building and a parking garage. He explained they are looking to install two signs. One sign would be a wall sign to be 3 2 and 24 in length located on Building 6. He described it as being similar to the other signs on building 8 and 10, however will be smaller. The building at this time has no signs. The free standing sign is replacing a previous sign which has been removed. This sign will be located on the corner, allowing clients and vendors to see it as they drive up Van de Graaff. He stated the original plan was to have the free standing directional sign show the different addresses, however they have decided to go with Oracle Campus on it. It will have ground spot lights for illumination. Discussion from the Board included if they could go with a smaller sign and was informed they thought this sign was appropriate for the area, adding the signs are designed to complement the architecture of the building and both signs go along with guidelines and the lumens. Hearing opened to the public. No one was available to speak for or against. Motion made and seconded to close the public hearing. All members voted in favor. Motion made and seconded to approve the application for Oracle USA, Inc., to install 2 signs at Van de Graff. The first being a monument sign referenced B dated and to be located 10 feet as shown on plans sheet number C-3 dated The Wall sign to be 30 in height x in length to read Oracle as shown on the drawing reference number B , Sheet 1.0 dated as submitted with the application. With the conditions no other signs on the building even if by right and the illumination to be less or equal to 90 lumens per foot. Motion made and seconded to approve the minutes from March 17, Motion made and seconded to adjourn the meeting. 6