HANSON PLANNING BOARD
MINUTES OF PUBLIC HEARING
Held
SEPTEMBER 14, 2000 @ 8:00 P.M.
On
PROPOSED ZONING BYLAWS
For
OCTOBER 2, 2000 SPECIAL TOWN MEETING
Members Present: Philip Lindquist, Chairman
David Harris, Vice Chairman
Gerard LeBlanc, Clerk
Gordon Coyle, Member
Joan DiLillo, Member
Others Present: Noreen O’Toole, Town Planner
Barbara Ferguson, Administrative Assistant
I. Call to Order: 8:00 p.m. - Town Hall
A. Chairman Philip Lindquist advised all present that the meeting was being tape recorded and filed.
B. Vice Chairman David Harris read the following public hearing notice and announced that it had been published in the Hanson Town Crier on August 31, 2000 and September 7, 2000.
TOWN OF HANSON
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given pursuant to Chapter 40A, Section V, that a PUBLIC HEARING will be held by the Hanson Planning Board to discuss the following Zoning Articles submitted for and included in the warrant for Town Meeting. The PUBLIC HEARING will be held on September 14, 2000, at 8:00 PM in the Hanson Town Hall, located on Liberty Street, Hanson, MA. At the Town Meeting, the Board will, as required by law, make a recommendation to the voters. Copies of the proposed revisions will be available for public viewing during regular business hours at the Office of the Town Clerk at Hanson Town Hall.
Article: To see if the Town will vote to amend Hanson Zoning Bylaw, Section VII.K., Personal Wireless Service Facilities, Section 18.3 by adding the following sentences: Except, under a Special Permit, the Zoning Board of Appeals may reduce the distance between towers, if it finds a substantially better site plan design will result from such a reduction. In making such a decision, the Zoning Board of Appeals shall consider the safety impacts of the proposal or take any other action in relation thereto.
Proposed by the Zoning Board of Appeals
Article: To see if the Town will vote to change the zoning of Lot 12-2, Map 91on Liberty Street from a Business Zone to a Residence AA Zone for the purpose of constructing a Habitat for Humanity home or take any other action in relation thereto.
Proposed by the Board of Selectmen.
II. Questions from Abutters
Clerk Gerard LeBlanc advised those present that the following abutters had been notified of the hearing on August 31, 2000 as required by Massachusetts General Laws, Chapter 40A, Section 5:
Dept. of Housing & Community Development,
Metropolitan Area Planning Council
Old Colony Planning Council
Planning Board of Hanover
Planning Board of Halifax
Planning Board of Pembroke
Planning Board of Rockland
Planning Board of Whitman
Planning Board of East Bridgewater
Donald Schmidt
No representative of any of the abutters notified was present to speak at the hearing nor were any communications received.
III. Presentation of Zoning Articles
Chairman Philip Lindquist advised that only one of the warrant articles would be discussed at the hearing. He noted that a letter had been received from Executive Secretary Winn Davis stating that the Board of Selectmen voted on September 12, 2000 to not place the article request of Habitat for Humanity to rezone property on Liberty Street from Commercial to Residential on the October 2, 2000 Special Town Meeting warrant. Mr. Davis said that an alternative site has been identified that eliminates the need for a rezoning and variances.
In regard to the other article, Zoning Board of Appeals Member David Nagle explained that his board had proposed the zoning change to the Personal Wireless Communications Bylaw from a variance to allow a minimum one mile distance between towers to a special permit to permit the location of a tower within the one mile distance if it would result in a better site. He noted the board would be required to consider the safety impacts of the proposal. Mr. Nagle said that the only zone in which a tower can be placed in the Commercial-Industrial District which is not large enough for multiple towers if the one mile requirement is strictly
enforced.
IV. Questions from the Public
Anthony Quigley of Liberty Street asked if new towers will still be restricted to the Industrial Zone and was told by Mr. Nagle that no other changes to the bylaw were proposed. Noreen O’Toole said that the bylaw requires co-location wherever possible. The town cannot be so restrictive that there is no place to put a tower or there will be a lawsuit, Ms. O’Toole said.
V. Questions/Comments from Other Town Boards/Departments
There were no representatives of any other board or department present and no communications were received.
VI. Questions from Planning Board Members
Member Gerard LeBlanc asked if any new distance limit will be set and if towers will continue to be restricted to the Commercial-Industrial District. Mr. Nagle said towers would still be restricted to the Commercial-Industrial Zone, and it would become the responsibility of the Zoning Board of Appeals to determine the location of towers within that zone. Ms. O’Toole said that she did not favor imposing a new distance limit. There would be less than an impact this way, she said. The fall zone will still have to be adhered to, Ms. O’Toole said.
Vice Chairman David Harris asked why a special permit would be preferable to a variance. Ms. O’Toole said that the criteria for a variance is too difficult to meet. It is hard to meet all the requirements of a variance, she said. Mr. Nagle said that the local bylaw is more restrictive than the bylaws in most other communities. The Board of Appeals is hamstrung with the current bylaw. If the bylaw is not amended, he said, the Board could be required, under a superseding federal law, to allow them in other zones.
Member Joan DiLillo asked if there is a height limit and was told by Ms. O’Toole and Mr. Nagle that there is a limit. This change does not address that, Mr. Nagle said, but height could become a problem as it relates to co-location.
Member Gerard LeBlanc asked if there was a restriction regarding the type of tower allowed and was told by Ms. O’Toole that only monopole towers are allowed. The fall zone, she said, is three times the height, which member Gordon Coyle noted will keep towers at least 360 feet apart.
Member Joan DiLillo asked who would be responsible if a tower were to fall down, and Ms. O’Toole and Mr. Nagle said that the communications company would be responsible according to the bylaw.
VII. Findings
Motion to Recommend Article 23 At the October 2, 2000 Special Town Meeting: David Harris
Second: Joan DiLillo
Vote 5-0
VIII. Adjournment - 8:37 P.M.
Motion to Adjourn: David Harris
Second: Gerard LeBlanc
Vote 5-0
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