Chairman: William Manter
Members Present: Richard Baker, Ralph Viscomi, Kim Ames, Laurie Levy
Members Absent: None
Recorder: Melanie Rich
The meeting was called to order at 7:35 p.m.
Mr. Baker made a motion to approve the March 15, 2012 Meeting Minutes as amended; Mr. Viscomi seconded the motion. All in favor; none opposed; motion approved. Mr. Baker made a motion to approve the March 5, 2012 Meeting Minutes as amended; Mr. Viscomi seconded the motion. All in favor; none opposed; motion approved.
The May meeting will be held on Tuesday, May 8th due to the Town Meeting being held on Monday, May 7th.
ANR Plan (Compass Pointe) – Revising Lot Lines – James Venincasa presented the plans and stated that no new lots were added. He said the side lines changed and easements were added. No lots have been released. The board examined the frontage and area of Lots 23A-25A, 35A-39A, and 20A-22A, and found them to have 150’ or more of frontage and in excess of 30,000 square feet of area. Mr. Baker made a motion to approve the ANR Plan entitled “Plan of Land in Boylston, Massachusetts”, dated March 30, 2012, submitted by Signature Homes Communities, LLC; Mr. Viscomi seconded the motion. All in favor; none opposed; motion approved.
81X Plan (Compass Pointe) – Changing Lot Numbers – Mr. Venincasa presented the plan for the board. He said he was asked to prepare a master plan and renumber the lots for the Assessors. A copy will be kept in the file.
Public Hearing (continued) – Special Permit Application (Verizon) 599 Main Street –Attendance for the meeting was at room capacity. After discussions with Verizon representatives and the audience members, it was decided that the representatives would stand outside the room so as to allow additional townspeople into the room. When needed to testify, one or more volunteers from the audience would move to the hallway, allowing the representatives to participate without exceeding the room capacity. The board and Verizon agreed that this accommodation was preferable to continuing the hearing to another date and place. Mr. Manter once again explained to the audience how he would conduct the hearing.
After Mr. Klasnick’s presentation, Mr. Manter asked if there were any changes. Mr. Klasnick gave the board hard copies of a power point presentation he said he would present if the board felt it would be helpful. He also presented the board with a design drawing of the compound expansion from Chappell Engineering. Sheet A01 of the “Verizon Wireless Boylston Fire Department” plan was updated to include a 6’ stockade fence rather than the 6’ chain link fence with barbed wire. With regard to the Site Plan Review letter from Graves Engineering, Inc. dated March 23, 2012, #2 - estimated time to complete the project will be approximately three months. #9 - proposed surface treatment will be crushed stone in the compound area. The propane tank is moved further
against the fence, opening up the area for co-locators. Mr. Klasnick presented maps illustrating the gain from the facility (both voice coverage and data coverage). It is designed for six wireless providers in accordance with the RFP with the town. Mr. Baker asked if there was any other site available to fill the coverage gaps. Mr. Klasnick said that the 140’ monopole with 137’ antenna is needed to satisfy that gap. It is 176’ from the nearest residence. Mr. Baker asked if the Verizon engineer could confirm that the RF emissions are to FCC requirements. Mr. Klasnick said that a radiation study was conducted, and fully loaded at maximum power, it would be possible to have 200 such facilities and still be within the safety guidelines. Mr. Baker asked if the lease with the town required a bond for removal of the tower if not used. Mr. Klasnick said that Verizon has no objections to post a removal bond. Mr. Baker
said it would be a condition if approved.
Ms. Levy asked for the result of the town meeting vote. Mr. Manter replied that the town voted on 11/9/2009 to allow zoning changes to allow cell towers in the Heritage District by a vote of 108 yes; 7 nay. He was corrected by Wayne MacNeil that it was 107 yes; 8 nay.
The hearing was opened to comments from the audience.
Wayne MacNeil (22 Woodland Drive) presented a petition opposing the tower with 181 signatures of which 160 were certified by the Town Clerk.
Joe Jolin (609 Main Street) said he is a direct abutter and that property values will decrease. He was also concerned with health issues and said there are other areas of town for a tower. He thinks money is the only benefit and the construction is ridiculous. He said he can basically touch it from his land.
Mr. MacNeil went on to say there are 39 homes within 1000’ of the proposed tower, that the distance should be 600’ from the property line (not the proposed 30’), and that there will be no camouflage, which is a 100% variance from the bylaw.
Jim Rame (620 Main Street) said he has seven children and has concerns with the property values and location in the heritage district.
Warren Leach (578 Main Street) asked if it would have air traffic beacons and was told no. He asked if we would be replacing the parking spaces. Mr. Manter told him 2-3 spaces would be lost. Mr. Manter further told him he personally measured the area. Mr. Leach said it would not be a good idea because children will be there and there will not be sufficient to backup safely. He also asked where the trucks were to be relocated.
Jamie Rame (620 Main Street) asked if the coverage was 1 ½ to 2 miles. Mr. Manter told her that according to charts and technology, it is the terrain that limits coverage. Ms. Rame said she does not want to take a risk with her children and said maybe the people didn’t understand at the town meeting.
Chuck Jasiak (15 Woodland Drive) agreed with Ms. Rame. He said we are citizens of the town and don’t want it. Let Verizon fix the lack of service, but not in our town.
[A resident] asked if the tower will be lit at night and was told no. He also said for people who pay respect to the Firefighter’s marker, it will ruin the look. It was also asked how to stop the project dead in its tracks. Mr. Baker read from the Telecommunications Act of 1996. He said if any carrier sees a gap in coverage they need to fill, we can’t use local zoning to prohibit them from doing that. Prior to 2009, we were violation of the Act, since wireless facilities were prohibited in most of town. The selectmen, in order to remedy the situation, made land available for wireless facilities, which required zoning changes. At the town meeting it was made clear that two properties would be made available and where the properties were located. The present
application must be considered in light of our zoning bylaw. Verizon does not require a variance. We cannot deny the application based on hearsay or opinion; an expert would be needed to provide evidence. Mr. MacNeil said the town has a great number of ways to satisfy the citizens and the telecommunications needs. He said no one has studied the impact after the tower goes into service.
Deborah Goodrich (2 Duffy Road) said she represents the Grange and questioned the safety of the 150 gallon propane tank.
Cathy Richard (632 Main Street) said it is a neighborhood, people are raising families, pets, and there are senior citizens. She thanked Verizon for cell service but said the town will make money and finds fault that Verizon says it is the only acceptable location. She also said there are thousands that come to visit the fire fighter’s memorial.
Susan Vogt (8 Morningdale Avenue) said she will be able to see it and asked about children's safety during construction. She said it would be a beacon for trouble for kids after dark.
Jeff Stanton (27 Woodland Drive) asked if there be enough room to turn the ladder truck around with cars parked there.
Ms. Levy asked how the cell service is determined, and Mr. Klasnick explained the coverage service requirements. Jason Flanagan (RF Engineer) said they would not propose a tower if it was not needed. He said coverage area is based on how much signal strength is lost and the terrain. Mr. Viscomi asked if the tower were built on the Mile Hill Road site, would that help. Mr. Flanagan said Verizon hoped to locate on both sites. They did not win the RFP for Mile Hill Road.
Deborah Klingener (600 Main Street) asked why it could not be located the church and was told that there was no space.
Robert Richard (632 Main Street) asked how accurate the information was and are they looking at any and all possible places. Mr. Flanagan said the computer models are the best means of determining coverage, but they don't yield exact information, and there is no way they can be 100% accurate. Signal propagation is limited by physics. The power to transmit is limited by the FCC.
Deborah Goodrich (2 Duffy Road) asked if they were going to build two towers. Mr. Flanagan said they are asking to build only one. Another company won the bid for Mile Hill Road, and Verizon will be looking to co-locate there.
Beth Anderson (25 Woodland Drive) asked about the propane tank and was told it would be pad mounted. Mr. Viscomi asked the difference in noise between propane and diesel. Mr. Klasnick said they submitted a sound study and propane is a little quieter.
Stephen Longton (439 School Street) asked about lease terms. Mr. Baker said the financial issue is not relevant to the board's decision.
Mr. MacNeil again stated that there are 39 homes within 1000’, and the property values will decrease. He asked (rhetorically) what the town nets financially. He said Boylston gets 91% of its revenues from residential taxes. He also said it looks like a money loser for the town and residents.
Mr. Baker said we have to look at the zoning bylaw for grounds to deny the application, not because abutters' property values decline. He tried to explain what is proper to consider. Whether or not there is a significant gap in coverage is a legitimate issue, as is negative visual impact, and setbacks. The board has to determine that the application meets the guidelines of town’s zoning bylaw.
Mr. Manter said that when the 1000’ restriction was put in the wireless bylaw, it was the intent that the present four towers on industrial land would provide adequate coverage. Times and needs change.
Robert Richard (632 Main Street) asked about borderline legal issues and how they were handled by the board. Mr. Manter explained the composition of the board, saying it is comprised of volunteers, all elected. He said the board is advised by Town Counsel so the town does not get sued. Mr. Baker explained that the process of the public hearing is to collect comments and facts, which become part of the public record. When the board determines it has received enough evidence to reach a decision, the hearing is closed. The board then deliberates, votes, and files its written decision with the town clerk. Abutters will receive notice of the decision and have the right to appeal.
Philip Anderson (25 Woodland Drive) read the amended zoning bylaw of November 9, 2009.
The safety issue was brought up again. Mr. Klasnick said the location was selected based on discussions with the town. Don Parker and the Fire Chief determined it would be okay.
It was asked if it was a small parcel to put a tower on. Mr. Klasnick said that each site is determined by topography, physics and availability of space, and this is a suitable site. He said there were conversations with the town regarding the location.
Robert Richard (632 Main Street) asked if they did a safety study to address concerns. Mr. Baker asked Mr. Klasnick for the study in writing.
Joe Jolin (609 Main Street) asked who would be responsible for anything that falls on a house and was told the town would probably be liable. Mr. Flanagan (Engineer) said that has not happened.
Beth Anderson (25 Woodland Drive) asked if the wooden stockade fence would have an alarm. Mr. Klasnick said the fence will not have an alarm or barbed wire.
Mr. Baker said that Verizon was not the only one to inquire about a location on Route 70. Zoning changes were made and the Board of Selectmen made the sites available. The RFP was initiated by the town.
The issue of RF emissions was again raised. Mr. MacNeil stated it used to be that research focused was on thermal radiation, now it is focused on non-thermal radiation. Mr. Klasnick said that specific studies with specific limits were found to be compliant with the FCC. Robert Richard (632 Main Street) said the FCC guidelines of 1996 are pretty old by today’s standards.
Deborah Klingener (600 Main Street) asked if it was approved how it would affect the heritage district. Mr. Manter said it would apply to the waivers in the wireless bylaw and not change existing zoning.
Deborah Goodrich (2 Duffy Road) asked if it would set a precedent for anything else to come into town and was told no.
Mr. Baker said that Verizon is entitled to a timely decision. The board has 150 days to issue a decision with the town clerk. The original application was filed on February 6th.
Mr. Klasnick said that the issue of fire trucks was considered by the Board of Selectmen. Mr. Baker asked for a copy of that. Verizon will also provide data showing that there is a gap in coverage.
The hearing was continued to Tuesday, April 24th at 7:30 p.m. in the gym at Hillside.
Public Hearing (continued) – Amend Subdivision Rules & Regulations – After brief discussion, Mr. Baker made a motion to close the Public Hearing and keep the record open solely to receive firm communication from Joe Flanagan on the decision to eliminate fire cisterns; Mr. Viscomi seconded. All in favor; none opposed. Mr. Baker will ask Chief Flanagan for specific comments.
Mr. Viscomi made a motion to adjourn; Ms. Ames seconded; all in favor; none opposed. The meeting was adjourned at 10:15 p.m.
Meeting Materials:
1. Draft Subdivision Rules & Regulations (on file in PB office)
2. Verizon Special Permit Application (599Main Street) (on file in PB office)
| 
