Planning Board meeting minutes October 28, 2010
Members present: Klein Klein, Alan Salamon, Barry Karson, Stephen Enoch(?)
Public present: Brian Domina from Berkshire Regional Planning Commission
Meeting was opened at 7 p.m.
There was no mail.
Larry Klein chaired the meeting. The board reviewed a draft proposal created by Klein for the Wireless Telecommunications bylaw.
Alan Salamon asked for clarification on the process; “How is this supposed to evolve?” Klein responded that the board needs to review the draft, make additions and deletions, and add from the existing bylaw. The existing bylaw has been approved by both the town and the AG office and is a good starting point. Then the final draft is submitted to Jeremia/TC and then sent to Town Meeting for a vote.
Barry Karson asked if they had looked at bylaws from other towns? Klein said that he did. Brian Domina said that he reviewed Klein’s draft and he (Brian) covered the same topics using different wording. Klein explained that the existing bylaw has a small overlay district w/ a master tower and multiple repeaters and that his draft uses master towers and no repeaters. Brian said that he found the existing bylaw confusing and that it needed to be re-formatted. Klein said that he didn’t want to disregard the existing bylaw because a lot was good about it and starting w/ the existing bylaw helps with the town since it was passed at a town meeting. Klein added that the major modification was that the board voted to include the entire town in the overlay district.
Karson pointed out that there is no definition of an overlay district and asked if we want to maintain it as a special permit process? Klein replied “Yes.” Klein asked how would it be known that the whole town is an overlay district? Domina replied that it would be designated as a town-wide overlay district subject to siting criteria. Salamon referred to the definition of the overlay district in the old bylaw as being on Mt Wilcox. Domina said the new definition could be “all lands located within the town of Monterey.” Domina noted where changes need to be made in the bylaw re: WTOD (wireless telecommunications overlay district).
Salamon asked about the definition of a monopole. Klein made the distinction between a monopole and a lattice-type tower and noted that the monopole telescope. Salamon asked “Can we only permit monopoles?” Enoch wanted to know if wording should be augmented in case technology changes? Karson agreed stating that if the bylaw states that only monopoles are allowed then anything else is illegal. Enoch say that it’s a delicate balance to limit the bylaw and also allow for new technology.
Enoch asked if the Telecommunications bylaw needs to mention the Scenic Mtns Act? Domina said the Scenic Mtns Act will not prohibit cell towers. Brian also stated that the FCC has recently handed down a decision on “shot clock” regulations which states that towns have 90 days to act on requests for co-location on existing towers and 150 days to act on requests for a new tower. It’s a federal mandate. Brian is not sure how it fits into Monterey’s zoning bylaw yet, but said that it is important to know that there is a clock ticking when the requests are made. Klein said that it seems more like information for the ZBA than something that is in the bylaw.
Domina asked if the board would like to address locating antennas on existing buildings or facilities? Klein said “yes we need to address repeaters because they may be a building-mounted device.” Domina said that the bylaw state that repeaters must be 50 ft. from dwelling units. Klein replied that it would be for commercial buildings and not dwellings. Domina asked it he should insert a section about it and Klein said “yes.” Klein then went on to explain what a repeater does. There was discussion about where in the bylaw to put the section.
There was discussion about the regulations for the access road that would serve the towers. Salamon wondered if there is a bonding process when the town deals with the cell companies. Domina explained that the bylaw has provisions for bonds and performance guarantees. There were questions about how long a Special Permit lasts—2 yrs. Klein said it’s a moot point because when the companies seek the special permit they are ready to begin construction.
Domina asked Board members if the bylaw should allow ZBA members to waive certain provisions? Klein said “Don’t they normally do that anyway? I thought that was what the ZBA is all about.” Salamon “So we don’t need to state that in the bylaw since that’s what they do.” Brian pointed out the section that allows the ZBA to impose special conditions. It’s also in the application requirements. Brian asked if the Board wants to put in a provision to require a balloon test. Klein explained to the Board what a balloon test is. Klein said that it is a good idea for the town to adopt balloon tests for the bylaw and others agreed.
Domina said that SBTC (Southern Berkshire Technology Committee?) asked BRPC to review the telecommunications bylaw for all the towns. Brian noted that Sandisfield doesn’t have a telecomm bylaw. Salamon said that we have to be very knowledgeable about why we are choosing the whole town as a wireless district so we can represent ourselves well to the citizens. Klein said that Town counsel has agreed to help us at any public hearing or town meeting. Klein summed up the meeting stating that it consisted of a detailed review of the bylaw and the changes to the bylaw, and that Brian is going to take all the documents and combine them into a new bylaw. There may be a second meeting on November 17th.
Barry made a motion to waive the reading of the minutes from the last meeting. Stephen asked Brian if there is a better time for him to meet and Klein thanked him for his efforts. Klein moved to close, Alan seconded and the meeting was adjourned at 9:10 p.m.
Submitted by,
Maggie Leonard
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