December 18, 2008
By Robin Kaminski/The Daily Item
The City Council has passed another zoning amendment to the Waterfront Master Plan to aid National Grid in the city's mission to relocate the South Harbor power lines on the Lynnway.
The council passed the amendment Tuesday to clarify issues associated with the move and to eliminate the possibility of any snags in the time-sensitive plan.
According to city attorney James Lamanna, National Grid will now be able to move the poles without a height restriction and they won't be limited to the Lynn zoning ordinance.
The poles, which range in height from 30-40 feet tall, are already grandfathered under the zoning ordinance, but since some are higher than three stories, Lamanna said National Grid wanted assurance that there would be no ambiguity in the plan.
"Since National Grid is under state and federal laws to complete the upgrade of the power lines by 2010, they have to get this plan in action or they will end up just upgrading the power lines where they already stand," he said.
Because of that potential problem, Lamanna said the council wanted to eliminate any concerns and omit the possibility of any appeals.
"A disgruntled neighbor could potentially sue the Zoning Board of Appeals and challenge the decision to grant the variance," he said. "I can't remember any time that a person came before the Zoning Board for an appeal on a pole, but it will be somewhat of a concern this time and that it would tie up the project."
A group of Lynnway business owners questioned the project at the council meeting Tuesday, seeking additional information as landowners.
City Council president Timothy Phelan addressed their concerns and said a public hearing would be held in January at North Shore Community College to answer their questions about the plan.
The power lines are currently situated along the east side of the Lynnway along the harbor. The relocation will place them on the west side by GE, then crossing over the Lynnway up the road by Harding Street and continue near Commercial Street.
"This is not rubber stamped," Lamanna said. "The Department of Telecommunications and Utilities still has to approve this and people will have the opportunity to speak about this at the hearing. They won't be able to challenge the actual height issue, but they could go to state officials and try and convince them not to approve this and that it is not in the public's interest."
Problems with certain landowners on the Lynnway have recently bubbled to the surface, threatening a possibility of throwing the project off course.
Under the Lynn zoning ordinance, landowners are not allowed to build within 10 feet of their property line, and also have to have a buffer zone in between lines of 20 feet on each end.
For those property owners concerned with the placement of poles on their land, the council is reportedly looking into locating the power lines in such a way that the buffer zones would exist no more than 10 feet over the property line.
"Everything is coming to a head now and we are this close to moving the lines," Phelan said. "But if we can't come to an agreement with the aerial easement for the buffer zone, the city will have to take an eminent domain easement for the properties."
The city has also yet to receive a $2.5 million check appropriated from a state bond project intended to shore up debts and other items in the pipeline for the power line plan.
Originally expected by October, state Rep. Steven Walsh said the process was somewhat stalled because state officials were working to finalize the documents.
A City Hall source said they were told Gov. Deval Patrick and or Lt. Gov. Tim Murray may pay a visit to Lynn on Dec. 23 to hand deliver either a portion of the total amount or the full $2.5 million for the project.
That would solve mounting pressure from the city to pay off an outstanding one-time payment to General Electric of $750,000 to install power lines on GE property. That payment was due by Sept. 30.
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