Zoning Board of Appeals

~ CITY OF PITTSFIELD ZONING BOARD OF APPEALS, 70 ALLEN STREET, PITTSFIELD, MA 01201 PITTSFIELD ZONING BOARD OF APPEALS MINUTES CITY HALL, CITY COUNCIL CHAMBERS WEDNESDAY AUGUST 28, 2024, 7:00 PM Chair Ingegni called the meeting to order at 7:00pm. He informed all attending that their pictures and voices were being recorded. Roll Call: Members Present: John Fitzgerald Allyson Holmes Esther Anderson Tom Goggins Kathleen DeWitt-Allen (Associate Member) Cory Evangelisto (Associate Member) Members Not Present: Albert Ingegni, III Chair A quorum was present. Also Present: Amber Spring, City of Pittsfield Acceptance of Minutes, June 26, 2024, meeting Ms. Holmes made a motion to approve the minutes as presented; it was seconded by Ms. Anderson and was approved unanimously. Public Hearing: New Cingular Wireless PCS, LLC AT&T Application #3019 500 Hubbard Ave Variance Section 4.322(G)(a) & 11.3 Request for new Variance to extend time limits for placement of a temporary wireless monopole facility. Mr. FitzGerald read the staff analysis into the record. Page 1 of 5 S:\DCD\Planning Division\ZONING BOARD OF APPEALS\Meeting Minutes\2024\8-28-2024\Minutes 8-28-2024.docx Ed Pare, Brown Rudnick representing AT&T came forward to discuss the application. He reviewed the project to date. They are requesting an extension of the permit. The temporary monopole is currently installed and continues to provide services. They’ve identified a location for the permanent monopole. They have an Order of Conditions from the Conservation Commission and have resolved any issues. The temporary fence is locked and secured. They are still working through their federal permits. The applicant states that pursuant to case law a significant gap in coverage has been recognized as a hardship in Massachusetts on prior occasions and due to the unique topography of the site there is no other location in the area which can meet coverage needs. Seeing no further debate or discussion, Mr. Goggins made a motion to issue a 1-year extension with the special conditions noted below; it was seconded by Ms. Anderson. Voting in favor of the motion were Acting Chair John Fitzgerald, Tom Goggins, Esther Anderson, Allyson Holmes, and Kathleen Dewitt-Allen. The motions passed with 5 affirmative votes. 1. The tower fence shall be properly secured to prevent unauthorized access; 2. The Applicant (AT&T) shall submit a statement of compliance with all FCC rules regarding interference to public safety radio services; 3. The monopole’s feed line portals shall be sealed to prevent wildlife intrusion; 4. The Applicant submits a Notice of Proposed Construction (FAA Form 7460-1) to the FAA. 5. The temporary facility shall be removed within 1 year of the granting of the approval, or the applicant shall return to the Zoning Board of Appeals at properly noticed public hearing within 1 year to request an extension. 6. The applicant is subject to all other federal, state, and local rules and regulations not specifically covered by the granting of this special permit. New Cingular Wireless PCS, LLC AT&T Application #3020 500 Hubbard Ave Special Permit Section 4.322(D) and Variance Section 4.322(M)(c)(2)(ii)(2) Request for Special Permit for placement of a permanent wireless monopole facility, and a Variance to relieve setback requirements Mr. FitzGerald read the staff analysis into the record. Ed Pare, Brown Rudnick representing AT&T came forward to discuss the application. He reviewed the site and project. They found a location for the permanent tower; equipment had previously been mounted to the smokestack and is currently on a temporary facility. They shifted the location of the tower about 45 feet. The pole will be 115ft with lightning protection. Equipment will be in a locked compound. Once the permanent tower is up and running, the temporary pole will be removed. They’ve Page 2 of 5 S:\DCD\Planning Division\ZONING BOARD OF APPEALS\Meeting Minutes\2024\8-28-2024\Minutes 8-28-2024.docx received approval from the Community Development Board and the Conservation Commission. He reviewed the balloon test and noise analysis. The applicant states that pursuant to case law a significant gap in coverage has been recognized as a hardship in Massachusetts on prior occasions and due to the unique topography of the site there is no other location in the area which can meet coverage needs. Ms. Holmes confirmed that the area needs a few trees removed, with plantings. Otherwise, the site has been developed. Anthony LaPour, Cityscapes came forward to discuss the application. They had a report with issues; the applicant has resolved the issues. They are happy with the project. He recommended adding the requirement for a structural analysis to condition #5. Seeing no further debate or discussion, Mr. Goggins made a motion to grant the special permit and variance with the special conditions noted below; it was seconded by Ms. Anderson. Voting in favor of the motion were Acting Chair John Fitzgerald, Tom Goggins, Esther Anderson, Allyson Holmes, and Kathleen Dewitt-Allen. The motions passed with 5 affirmative votes. 1. The tower fence shall be properly secured to prevent unauthorized access; 2. The Applicant (AT&T) shall submit a statement of compliance with all FCC rules regarding interference to public safety radio services; 3. The monopole’s feed line portals shall be sealed to prevent wildlife intrusion; 4. The Applicant submits a Notice of Proposed Construction (FAA Form 7460-1) to the FAA. 5. An As-Built plan and structural analysis, signed and stamped by a Massachusetts licensed engineer shall be submitted to the Department of Community Development prior to final sign off on the Building Permit. 6. If the rights authorized by a special permit are not exercised within two years of the date of the granting of such special permit, they shall lapse and may be re- established only after public notice and a new hearing. 7. If the rights authorized by a variance are not exercised within one year of the date of the granting of such variance, they shall lapse and may be re-established only after public notice and a new hearing. 8. The applicant is subject to all other federal, state, and local rules and regulations not specifically covered by the granting of this special permit. James and Suzanne Homan Application #3021 76 Shore Drive Special Permit Section 8.3 Page 3 of 5 S:\DCD\Planning Division\ZONING BOARD OF APPEALS\Meeting Minutes\2024\8-28-2024\Minutes 8-28-2024.docx Request for Special Permit to add a second story to a non-conforming single-family structure. Mr. FitzGerald read the staff analysis into the record. James Homan, 76 Shore Dr came forward to discuss the application. They propose a second story over the lakeside two thirds of the house. Mr. Goggins and Ms. Anderson commented that it seems very straightforward and many other houses in the neighborhood have added second stories. Seeing no further debate or discussion, Mr. Goggins made a motion to grant the special permit with the special conditions noted below; it was seconded by Ms. Anderson. Voting in favor of the motion were Acting Chair John Fitzgerald, Tom Goggins, Esther Anderson, Allyson Holmes, and Kathleen Dewitt-Allen. The motion passed with 5 affirmative votes. 1. If the rights authorized by a Special Permit are not exercised within two years of the date of the granting of such Special Permit, they shall lapse and may be re-established only after public notice and a new hearing. 2. The applicant is subject to all other federal, state and local rules and regulations not specifically covered by the granting of a special permit. Glenn Weinstein Application #3022 610 Churchill Street Variance Section 9.501(A)(2) & 4.331 (H)(5) Request for a Variance to install a 54 kWh battery energy storage system in a residential zone within 500 feet of a wetland. Mr. FitzGerald read the staff analysis into the record. Elisabeth Goodman, Cain Hibbard representing Glenn Weinstein came forward to discuss the application. They propose a BESS. A site visit was recently done; of the 9 acres there is no location that could be 500ft from a wetland. Conservation has already approved the project. The house was designed and permitted, and construction was done. The design was for the house to be entirely solar. They propose 4 power wall three batteries, each 13.5 kW. They are the best tested of the current technologies. An electric vehicle with 100 kWh would be allowed under the BESS ordinance but not the 54kWh and that does not make sense. There is nothing exceptional about this regarding impacts; it’s not as dangerous as a propane tank. This is an unusual situation, a private residence needing 54 kW. Ms. Goodman states for this owner, at this time, to be denied would be a significant hardship. Mr. Goggins asked about the impact of the BESS catching fire. Again, this is a unique situation. A discussion was held regarding connecting to Eversource and about the timelines of the ordinances and whether this project fall. Page 4 of 5 S:\DCD\Planning Division\ZONING BOARD OF APPEALS\Meeting Minutes\2024\8-28-2024\Minutes 8-28-2024.docx The plans approved by the Building Department did not include either the solar panels or the BESS. Ms. Anderson noted that the building code specifies that new houses must be solar ready. Seeing no further debate or discussion, Mr. Goggins made a motion to grant the variances with the special conditions noted below; it was seconded by Ms. Anderson. Voting in favor of the motion were Acting Chair John Fitzgerald, Tom Goggins, Esther Anderson, Allyson Holmes, and Kathleen Dewitt-Allen. The motion passed with 5 affirmative votes.  If the rights authorized by a variance are not exercised within one year of the date of the granting of such variance, they shall lapse and may be re-established only after public notice and a new hearing.  The applicant would be subject to all other federal, state and local rules and regulations not specifically covered by the granting of this variance and special permit. New Business: 1. John Philp - Request for Extension of Variance at 176 Windsor Avenue Mr. Goggins made a motion to approve a 6-month extension; it was seconded by Ms. Anderson and was approved unanimously. Old Business: None. Adjourn Mr. Goggins made a motion to adjourn at 8:30pm; it was seconded by Ms. Anderson and was approved unanimously. Submitted by Ted Kozlowski, Staff Page 5 of 5 S:\DCD\Planning Division\ZONING BOARD OF APPEALS\Meeting Minutes\2024\8-28-2024\Minutes 8-28-2024.docx