TOWN OF EAST WINDSOR - ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
NOVEMBER 3, 2008
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, November 3, 2008 at the Broad Brook School cafeteria, 14 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Michael Ceppetelli, Tom Arcari, Cliff Nelson, Stan Paleski and Mary Buckley; and Alternate Member Tom Gudzunas.
The meeting was called to order at 7:30 p.m. by Chairman Michael Ceppetelli. A quorum was established as four regular members and one alternate were present. Ms. Buckley arrived later in the meeting. Mr. Nelson read the Legal Notice as it appeared in publication.
NEW HEARING:
ZBA #2008-07 - Application of Cellco Partnership dba Verizon Wireless for property located at 41 Depot Street for a variance of Section 804.4a Wireless Telecommunication Sites – General Requirements to permit a wireless communications site within 94 feet of an existing residence. (B-1 zone)
Representing the applicant were Kenneth Baldwin and Rachel Mayo of Robinson & Cole and Sandy Carter of Verizon Wireless. Mr. Baldwin explained that they were there on behalf of Verizon Wireless to present their request for a variance to the provisions of the wireless telecommunications site ordinance to permit the installation of a wireless telecommunications facility on the existing water tank at 41 Depot Street. He referred to plans and pointed out that the facility will consist of 12 panel antennas attached to the catwalk railing of the water tank with the center line of the antennas at the 105 foot level. He said this height was selected by their radio frequency engineers to satisfy the coverage objectives in the area. On the ground at the base of the tower, Cellco proposes to install its
standard 12’ x 30’ equipment shelter which houses all of its radio equipment as well as an emergency back-up generator. The generator would be propane fueled. Along side of the proposed equipment shelter is a 1,000-gallon propane fuel tank.
At this point in the meeting, ZBA member Mary Buckley arrived.
Mr. Baldwin went on to explain that this water tank is currently being used by two existing carriers. AT& T Wireless and Sprint Nextel currently have antennas mounted on this tower. They are shown on the plan as being directly attached to the tank itself, about where the Verizon Wireless antennas would be located.
Mr. Baldwin said this proposal complies with all of the general requirements of the wireless telecommunications site regulations Section 804 in the following respects: There is no lighting proposed or needed for this structure. There are no signs proposed or needed for this structure. The antennas would be painted to match the tank so they blend in. This facility must comply with the RF safety standards established by the FCC and it will comply. They also need to comply with any state or local noise ordinances associated with their equipment shelter or air conditioning units and the on-site emergency backup generator. The reason they are before the ZBA is that the existing site does not comply with that provision of the regulations that requires the telecommunications site to be set back 200
feet from the nearest residence. The existing distance between the edge of the water tank and the nearest residence is 94 feet. They are going no closer than that with the location of the antennas. The requested variance is to permit the installation of this facility within 94 feet of the existing residence, which is owned by David and Vanessa Miller at 34 Pond Street.
Mr. Baldwin indicated that there have been a number of issues that they have been dealing with this afternoon that had been raised by some of the neighbors. With respect to the notices, he said they did provide notice to abutting owners within 100 feet and presented, for the record, the certificate of mailing as evidence. He said another issue was that one of the notices listed Elizabeth Pasini as the owner of 30 Pond Street. He said it was pointed out to him this afternoon by Michael Ryan (of 38 Pond Street) that she no longer owns that parcel. Mr. Baldwin said the transfer was probably too recent for the Assessor’s records to catch up. He said when they obtained the names and addresses they used the best available information. Mr. Baldwin noted that the new owner was present at
the hearing. Mr. Baldwin said there was also a question raised by Mr. Ryan that Robert Stern and Kathryn Roloff didn’t receive the letter. Ms. Roloff was in attendance and pointed out that they did receive a letter but it wasn’t a certified letter.
Mr. Baldwin indicated that another issue was relative to the sign. He said Rachel Mayo did post the sign on the same day they filed the application, which was October 17th and in advance of the 15 days prior to the hearing. Mr. Baldwin submitted an affidavit, signed by Ms. Mayo, with respect to the posting of the sign. Mr. Ceppetelli read the affidavit, for the record, stating that the sign was posted adjacent to the access driveway on the property at 41 Depot Street. Mr. Baldwin said since October 17th the sign has disappeared.
Mr. Baldwin noted that the next issue was about the actual ownership of the parcel. The Assessor’s card lists the owner as the Broad Brook Water Company in care of Connecticut Water Company. He said from the perspective of Verizon Wireless, the owner that they have been dealing with is the Connecticut Water Company. Mr. Baldwin referred to a copy of the lease agreement that identifies the property owner as Connecticut Water Company. He said prior to signing a lease they did an extensive title search and they have a certificate of title verifying that Connecticut Water Company is the owner.
Mr. Baldwin said the last issue relates to the listing on the application of the zoning district. When they filed the application they used the small scale zoning map and relied on the Assessor’s card that lists the zone as B-1. They have since learned that it is a split zone of B-1 and R-2. He said regardless of the zone it has no effect on this application. They are asking for
a variance from the section that says it has to be set back a certain distance from a residence, not a zone line.
Section 903.3 of the regulations requires them to comply with certain provisions in order to grant a variance. Mr. Baldwin said they believe that they do comply with its provisions. These are special circumstances that are related to this use. It is a unique property. There is an existing water tank of substantial height that allows telecommunications facilities to utilize this structure in lieu-of building a new tower. In the regulations they have a series of preferences and this is the number one preference. He said every town in the State of Connecticut prefers to utilize existing structures when available. This cannot be categorized as a self-created hardship. The variance they are seeking is an existing condition, not created by Verizon Wireless. It is that
the tank is 94 feet from the closest residence. If they chose to promote the literal enforcement of the regulation it would prohibit Verizon Wireless from using this facility which would conflict with the preferences in Section 804 and also exclude them from using a facility that two of their competitors are currently using. He said this is unique to this site and unique to this use. They have done the minimum they can do to make this facility comply.
Mr. Baldwin pointed out that the concerns that the neighbors have are concerns with the property owners. They understand those concerns. Unfortunately there is nothing that Verizon Wireless as a tenant can do and nothing that the Board can do other than perhaps assist them in getting in touch with the right people at Connecticut Water Company. He said he knows their main concern is the condition of the existing road that leads to their homes; he also knows that they have been told that the Connecticut Water Company does not own the property.
Mr. Ceppetelli asked if any of the Board members had any questions. Mr. Paleski asked if there is an existing propane tank on the site. Mr. Baldwin answered that they presently do not have a back-up generator on site. Mr. Paleski asked if this generator would serve all of the other customers. Mr. Baldwin said it is exclusive to Verizon Wireless. Mr. Nelson asked why they won’t be going with an oil tank. Mr. Baldwin said because of the nature of the property, Verizon is sensitive to environmental concerns associated with the presence of diesel at the site. Mr. Gudzunas asked if there is water in the tank. Mr. Baldwin responded that he believed so but wasn’t sure.
At this time Mr. Ceppetelli opened up the hearing to the public.
Cory Kupek of 45 Depot Street, asked about the amount of radiation that would be coming off of this tower. Mr. Baldwin explained that based on the height of the antennas and all other factors, the worst case assumes that all antennas are transmitting at full power all the time, which is an event that never occurs, the worst case has them at 16.5 percent of the standard. That is more than 5 times below what the FCC has established as a safety standard. He said if they were to triple that, it would be 48 percent; that is still less than half. Mrs. Kupek asked about the wattage. Mr. Baldwin said the worst case calculation would be at 275 watts radio active power. Ms. Kupek felt that was a lot. Mr. Baldwin gave an example of the tower in Farmington at Rattlesnake Mountain. At the top of the tower is a transmitter for Channel 61 that transmits at 5 million watts.
Vanessa Miller, of 34 Pond Street, said her house is the one that is 94 feet away. She has a small child and is concerned about it. She asked if they have the means to test it at her location. Mr. Baldwin said in areas where there is a concern they do those tests. He said they are confident that they comply with the FCC standards at this location.
Kathryn Roloff, of 40 Pond Street said that the road is not well maintained and she was concerned about heavy equipment going in there. Mr. Baldwin said there will be some construction equipment; any damage that they cause will be repaired. The building will be on a concrete pad. Ms. Roloff asked how often they will need to refill the tank. Mr. Baldwin said about every two to three months.
The owner of 30 Pond Street, asked about the noise. Mr. Baldwin said if they walk up to the building they will hear the air conditioning units which will run only when it’s hot. The generator will be in the building to eliminate the noise. The emergency generator will run only when it is necessary, generally during the day between 10 and 12. He said they have to comply with state and local noise standards.
Tim Smith, of 43 Depot Street, said if they keep letting them put things on this tank their whole neighborhood can’t get any satisfaction from the water company. He said they will not do anything about the road. Mr. Ceppetelli said the applicant still needs to go before the Planning and Zoning Commission. He felt that they might be more able to help them if at all, but there is nothing that the ZBA can do. Mr. Smith said there is no one here from the Connecticut Water Company. Ms. Whitten noted that this application is for the wireless communications facility only. It needs the variance in order to go to the PZC and that is for site plan approval only. She recommended that they hire an attorney because they have a civil issue between the property owners and the water
company. Mr. Smith said everything they add on they get more money and the homeowners keep getting more and more dilapidated property. Ms. Whitten said they definitely have an issue. She said she could try to do some mediation with them but the Town doesn’t own the property so they have no jurisdiction.
Ms. Roloff indicated that the Connecticut Water Company wrote her a letter three years ago denying that they own the road.
Vanessa Miller, of 34 Pond Street, said that she works out of her home and asked how long the construction period will be. Mr. Baldwin said it will be about a three-week period for the entire installation, and they won’t be working every day.
MOTION: To close the hearing on ZBA #2008-07.
Arcari / Paleski / Unanimous
Discussion and Vote:
Mr. Ceppetelli noted that all five regular members will be voting on the application, including Mary Buckley.
Mr. Nelson said he felt for these residents, with the Connecticut Water Company not doing anything on the road. He said it is a shame that they can’t fix this access. He said the lease agreement says that they own it. He said he felt that the applicant is within all the FCC regulations. He said being an electrical contractor he is aware of these sites and they are safe operations. The generators only run for about 15 minutes. He didn’t see any other choice but to grant this application. Mr. Ceppetelli said it is important to note that there are two other providers currently utilizing the tower. He said if they were to deny this applicant there is a significant amount of hardship on them that wouldn’t be fair.
MOTION: To approve ZBA #2008-07.
Nelson / Arcari / Unanimous
APPROVAL OF MINUTES:
MOTION: To approve the minutes of October 6, 2008.
Arcari / Paleski
In Favor: Arcari; Paleski; Ceppetelli: Buckley
Abstained: Nelson
ADJOURNMENT:
MOTION: To adjourn. Nelson / Paleski / Unanimous
The meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Marlene Bauer
Recording Secretary
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