Minutes for Planning Boarding meeting Thursday March 24, 2011
Planning Board members present: Maggie Leonard, Larry Klein, Barry Karson, and Stephen Enoch (arrived 7:37)
Public present: Cliff Weiss
The meeting was called to order at 7:37 p.m. There were no minutes available from the prior meeting, 3-10-11, to read. There were no Form A’s submitted or other public business.
The Board discussed the issue of setbacks for cell towers in the telecommunications bylaw revisions. Leonard described her research with maps from the Assessor’s Office for both the current bylaw proposal for a 600’ setback from residences and also the proposal from a group of concerned citizens for a 1500’ setback for residences and schools. Leonard reported that in measuring the available large parcels of land it became apparent that a 1500’ setback would drastically narrow the possibilities for cell tower siting. One of the main concerns of the Planning Board is to create a bylaw that will enable as many people in Monterey to benefit from telecommunications services as possible. The board agreed that if they had wanted to take that approach then they would have presented a site-specific plan for
a wireless telecommunications overlay district.
Board member Barry Karson expressed concern about the lack of cell service between the Taconic Parkway and Great Barrington, and then from the top of three-mile hill in Great Barrington onward through Monterey until there is a signal in Otis on Rte 23. Stephen Enoch said, “That’s why we want a bylaw that allows for town-wide siting.” However Karson also expressed concern about the effects of cell tower siting on the property values of abutting property owners. Karson made a motion to increase the setback from 600’ to 900’, but there was no second. Enoch stated that both 600’ and 800’ are arbitrary and said that the scrutiny of the Special Permit process allows for questions regarding tower siting. Larry Klein also concurred that there are plenty of checks and balances in the
proposed bylaw in the hands of the ZBA. Enoch added that the whole purpose of the Special Permit process is for the public to have input.
The Board discussed the request from Monica Webb to eliminate broadband Internet from the telecommunications bylaw proposal. Leonard reported that she checked with Jeremia Pollard, Town Counsel, and he stated that in no way can the bylaw have the effects of prohibiting any entity to provide telecommunications services, or show any prejudice between carriers.
Leonard reported on her conversation with Richard Comi. Comi currently works with municipalities in regards to telecommunications bylaws and projects. The aforementioned group of concerned citizens provided information on Comi and his company The Center for Municipal Solutions (CMS). Leonard said that she believed Mr. Comi to be an excellent choice when the ZBA needs to hire a consultant for guidance on cell tower projects. Comi was instrumental in the construction of the Cellular-One cell phone infrastructure in upstate New York. The concerned citizens group advocated for sending the bylaw proposal to Comi so that he could vet it, and stated that the review would be free—no cost to the Town. The truth is that if Comi were to review the bylaw proposals then the Town would be obligated to hire him for any project
thereafter. Leonard made inquiries to Comi regarding his hourly rate if the Planning Board wanted him to just review the bylaw without any future obligations. The hourly rate is $200, travel time is $100 per hr. +mileage .57¢ per mile.
Leonard also reported that in speaking with Mr. Comi he asked if they had included a section for removal of defunct cell towers. There is such a provision in the bylaw §IV.F.16. Removal Requirements. Leonard said that Comi commented that “There should be a $75,000 bond included in the bylaw because if the towers do need to be removed in ten years you can bet there won’t be any tower company around to cover the cost of removal, an by that time it will cost $75,000.” Comi added, “The cost of such a bond is neglible in terms of the revenues realized by these towers.” The board declined to submit the bylaw proposals to Comi and acknowledged that CMS is a possible viable consultant for the ZBA.
The Board voted that the bylaw submitted for the warrant will include a reference to the State noise regulations as stated by the Department of Environmental Protection (DEP) and also state that the monitoring will be “random and no more than twice yearly.” The Board discussed adding a provision for a computer generated photo simulation of any cell tower that would be in addition to a balloon test to get a sense of the height of a tower. There was no interest from the board in adding such a provision. Leonard added that it would not be difficult to create one in Photoshop.
Board member Larry Klein made a motion to “Accept the bylaw proposals as amended, having taken into consideration all matters brought before the board both by visiting citizens and via correspondence for inclusion in our deliberations.” Enoch seconded the motion and the voted unanimously in favor.
The Board discussed the vacancy on the Planning Board and possible new members. Larry Klein mentioned Steve McAllister and Maggie Leonard mentioned Cliff Weiss who had just visited the meeting that evening.
Leonard updated the board members on that the Dog park special permit was rejected by the ZBA. Leonard shared the documentation from the lawyers of the abutters stating that the project would have a deleterious effect on the neighborhood.
The meeting was adjourned at 9:45 p.m.
Respectfully submitted,
Maggie Leonard
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