Chairman: William Manter
Members Present: Richard Baker, Ralph Viscomi, Laurie Levy, Kim Ames
Members Absent: None
Recorder: Lyle Foley
Other Attendees: Stephen Madaus (Town Counsel)
The meeting was called to order at 7:00 p.m.
Mr. Baker made a motion to approve the April 2, 2012 Meeting Minutes and April 24, 2012 Meeting Minutes as amended; Ms. Levy seconded the motion. All in favor; none opposed; motion approved.
Site Plan Review – John Surabian (79 Main Street) – Al Page, the engineer who drew the plans, addressed the curb cuts. Mr. Baker asked what other permits were required and was told no more were needed. Mr. Baker wanted some mechanism to ensure that striping is done and suggested it be a condition of the Occupancy Permit. Ms. Ames asked when they planned to move in and was told they hope to be in by the end of the month. Ms. Levy made a motion to approve the site plan with the condition that striping and handicap signage be completed before issuance of an Occupancy Permit; Mr. Viscomi seconded the motion. All in favor; none opposed; motion approved. Mr. Baker inquired about the application fee. The Board agreed it was $250.00.
Site Plan Review – M.A. Center (245 Linden Street Off-Street Parking Plan Revised) – Bill Gasko and Dennis Costello (Health Agent) were in attendance. Mr. Costello said he is concerned with parking over the leaching field. The board recommended parking be banned over the septic system. Mr. Baker requested that the plans be revised to “X” out six spaces over the septic system. Mr. Gasko said the closing will take place on June 1st and he would like to get the plans to the building inspector before that. Mr. Baker made a motion to approve the site plan with the condition that: revised plans be submitted showing the parking spaces removed and revised parking space counts; and, provisions be made to demarcate the “no parking” area.
Mr. Viscomi seconded the motion. All in favor; none opposed; motion approved.
Compass Pointe – Covenant Release – Michael and James Venincasa were in attendance. They said they have the subdivision bond. Town Counsel had issues with the bond. He said it should reflect that the bond is only for a portion of the subdivision. $254,606 is the amount of the bond. The bond must be held until the subdivision is completed. Mr. Madaus needs to draft a performance agreement to include dates for the work to be completed. The final date for subdivision completion is 2015. He suggests the executed partial release of covenant be held until the performance agreement and bond are executed. Mr. Venincasa was asked how long it will take to complete work on the 24 lots. He said two years to complete the streets and utilities of
Phase I. Mr. Baker made a motion to set a date of completion of Phase I to be 24 months from the date of performance agreement and approve the lot release, with the document to be held by Town Counsel until he is satisfied that all other documentation is in order, and further that the Clerk be authorized to sign all required documents; Mr. Viscomi seconded the motion. All in favor; none opposed; motion approved.
Public Hearing (continued) – Special Permit Application (Verizon) 599 Main Street – Mr. Klasnick spoke. He said he wants to work with the community to provide a service. Once again he stated that Verizon responded to an RFP issued by the town in accordance with an article approved at Town Meeting. Given the site location, setbacks cannot be satisfied.
Mr. Viscomi spoke about the fall zone and said most towns require a minimum of the tower height as a fall zone. He said there is not enough room and it is a major safety concern. If the tower fell, fire equipment egress would be blocked. Mr. Klasnick responded by citing the RFP and monies spent designing a facility on this site. Mr. Viscomi suggested a 70’ tower. Mr. Klasnick said a 70’ tower would not be adequate. He said there is a substantial need along major roads. Mr. Viscomi said Central Street is hardly a major road and also, also that there is lack of data showing dropped calls. Mr. Klasnick responded by citing industry accepted standards and said the planning board's consultant, Isotrope LLC, agreed. Mr. Viscomi pointed out that the consultant
cited only statistical data and that the consultant also said a 70’ tower would be adequate.
Mr. Manter proposed an alternate site on the back of the same parcel near the escarpment, where two storage trailers now exist. Town Counsel said that would require an amendment to the lease.
Mr. Baker remarked that the Isotrope report makes a general recommendation for a safety zone of one half tower height or 70’ in this case.
Mr. MacNeil pointed out that moving to a new location at 599 Main Street would not address any of the concerns he has raised. He said that if someone was killed by falling ice, the town would not have any defense against a lawsuit.
Mr. Richard commented that just because other towns are willing to take this risk doesn’t mean it has to be acceptable to Boylston. He said that there new technology evolving and there are alternate locations. He said Verizon is being irresponsible by neglecting safety concerns.
Mr. Richard stated that the new owners of Mt. Pleasant Country Club may be interested in locating a cell tower on their property. He doesn’t believe Verizon has made a good faith effort to consider alternate sites.
Mr. Viscomi questioned Verizon entering into a lease with the town. The carrier should look at all locations to find the least intrusive. Town Counsel said the lease is subject to local zoning. He said the town’s RFP does not eliminate the need for Verizon to consider alternate sites.
Ms. Levy asked if Verizon would look at alternate sites to cover the gap. Mr. Klasnick said there are many homes around Stiles Road and the water tower site and those owners would oppose a tower there. The Verizon engineer said they looked at Mt. Pleasant previously, and the prior owners could not find a satisfactory site on the property. The First Congregational Church was discussed. Verizon said the antenna elevation in that tower is not sufficient.
Ms. Levy said that a resident at 173 Central Street may be open to locating a tower there on land having a higher elevation. Ms. Levy said that Mr. Klasnick’s offer to consider alternatives is appreciated. Mr. Richard said that DAS technology is often used to address small coverage gaps and asked if it could be used here. The Verizon engineer responded that small cell (DAS) technology is mostly used in dense urban areas to alleviate capacity issues.
Mr. Manter asked if it is the explosion of data usage that has caused a need for more towers. Mr. Klasnick said no. Mr. Viscomi asked if AT&T would co-locate onto this new tower from its current location and there is only room for two carriers, what if T-Mobile wants to come in? We couldn’t deny them, and there is not enough room for all possible carriers. Klasnick disagreed and said there would be sufficient space.
Mr. MacNeil reiterated that the board would have to waive 12-13 of its bylaws to approve the tower. He wanted to present new information regarding safety zones around the cell tower. A study by the Army Corps of Engineers was made in 2006 to determine the safe zone for ice falls around transmission towers. He presented a document stating that a 500’ tower would require a minimum of 478-839 feet, at least the height of the tower at the low end of the range. Based on this, the alternate location would not be safe.
Mr. Baker asked Mr. Klasnick about the process for looking at alternatives. Mr. Klasnick asked the town to present viable options. Mr. Viscomi asked about several 70’ towers instead of two 140’ towers. Mr. Klasnick said they would look at alternatives with respect to the RFP and to availability and construction feasibility.
Mr. Klasnick said the deadline for a decision is July. If they can get approval from Verizon Wireless Legal Department to extend the deadline, they can look at alternative sites.
Ms. Levy said she would recommend they look at alternative sites, even on private property. Mr. Baker said he would ask the selectmen to consider an alternative location at 599 Main Street. Ms. Ames said she preferred the tower be built on town property. Ms. Levy said public safety should be more important than financial considerations.
Mr. Baker asked how Verizon should proceed. He was told private properties property owners should reach out to Verizon. Also, the Boylston Water District tower at Cross Street is a possibility.
Steve Mero (93 Nicholas Avenue) pointed out that the safety issue exists anywhere. Steve Golas (663 Linden Street) said that ice falling off the library roof also presented a danger. Why was that not such a concern?
Mr. Klasnick said he would like to continue the hearing at the June meeting. He said the decision deadline is July 2nd.
Mr. Baker suggested to Mr. MacNeil that if he knew of landowners interested in having a tower on their properties, they should contact the Verizon real estate representative. Mr. MacNeil agreed.
Mr. Viscomi made a motion at 10:30 p.m. to continue the hearing to June 4th at 8:00 p.m.; Ms. Levy seconded the motion. All in favor; none opposed; motion approved.
Mr. Viscomi made a motion to adjourn; Ms. Ames seconded; all in favor; none opposed. The meeting was adjourned at 10:40 p.m.
Meeting Materials:
1. Verizon Special Permit Application (599Main Street) (on file in PB office)
2. Army Corps of Engineers information
| 
