Planning Board Meeting Minutes 3/10/11
Members Present: Maggie Leonard; Chair, Bridget Krans, Larry Klein, Stephen Enoch and Barry Karson
Public Present: Sandra, Nancy Marcus, Wayne Burkhart Board of Selectmen, Jon Sylbert Selectmen chair
Meeting to order: 7:07
Previous Meeting Minutes: Previous meeting minutes from February 24th approved as amended
Jon Sylbert and Wayne Burkhart: Mr. Sylbert and Mr. Burkhart were present at the meeting to explain what the school board wants to do in regards to the school in Monterey. The board is suggesting the town find a building that can be leased and used as a school. In the zoning bylaws it states that buildings over 600 feet can be applied for in the agricultural residential district. This is not stated for the business district. Stephen stated that it seemed to be an oversight that the 600 feet or over was not also listed in the business district. The Select board is suggesting that the Planning Board make a zoning change to add in the same wording into the business district. The building will be built as a commercial building and leased to the school district. After going over the section in
the zoning bylaws members of the planning board felt that the way the bylaw was stated would be sufficient for putting up a building in the business district in excess of 600 feet. A special permit would need to be obtained and the business would be by right. Mr. Sylbert is going to check with town counsel and get back to the board.
Telecommunications bylaw work:(a)- 1500 feet set back- Maggie started by stating that she feels it would be a good idea to put in the bylaw a restriction of 1500 feet from any abutter’s property line. Larry felt that the 1500 feet was coming from a health effects perspective. Maggie did not feel this way. Maggie stated that local realtors have told her that if the towers are not in people’s view and the towers increase communication in the town then the property values will go up. Barry wondered where the number 1500 came from. Larry felt that the 600 foot number came from surrounding town bylaws. Stephen did not have a concern about the 1500 feet but brought up the point that he did not want to create a bylaw that did not allow towers because it was too stringent. Barry and Bridget
agreed. Larry felt that 1500 feet was too restrictive. Maggie stated that people are concerned about proximity and proliferation. The board is going discuss the 1500 feet at a later date. The board wants to come up with a reasonable set back to protect property values but not prohibit. Stephen inquired if we needed to have a single setback or if there was a way to incorporate multiple setbacks. Stephen wondered if putting in “greater of up to 1500 feet and not less than 600 feet”. The planning board would recommend to the ZBA how many feet they thought was necessary when a permit came in to erect a tower. Barry wondered if this would foster litigation. The board felt that this would make the job of the ZBA very difficult. (b) Public right of way- The board felt that this was sufficiently addressed in the bylaw. Set back requirements would still have to be met. (C) Create 2 year master plan for wireless build out and require cumulative RF estimates-
Barry wondered if we were supposed to make the master plan or if the company was supposed to do this. Maggie felt that it was probably based on demand. The board felt that maybe this was a bit much. (D) Request to consult with a lawyer specializing in land use and Telecommunication issues- Larry stated that we did not have a budget to pay for something like this. Bridget felt that working with town counsel and Brian Domina of BRPC was sufficient. Barry agreed with Bridget. Barry and Larry felt that it was adding another layer to an already big task. Maggie said she would keep the specialist on file and if we needed one in the future we would contact him. (E) Add language to the bylaw regarding toxic materials on site- The board stated that these concerns might fall under building code and be part of the building inspector’s purview. Maggie is going to check with Mr. Torrico. (F) Require that cell companies require alternative site options- Barry posed the question of who decides
which site gets used. Larry stated that the company asks the property owner if they are interested and if so then they apply for a permit. Barry stated that at that point it is too late to require another site. Stephen stated that maybe that suggestion was brought up to give the ZBA power to decide if a site was a good choice or not. Stephen also stated that he felt the ZBA already had the power to decide to use a site or not. Barry thought it was a great idea to provide alternative sites but was not sure it would work that way. Stephen and Bridget felt that the way the bylaw is written gave the ZBA enough power to decide if a site was appropriate or not. (G) Lattice or Monopole- It was suggested that the board change the wording in the bylaw to include lattice towers.
Amending the bylaw- the board discussed whether or not they were going to make substantial changes or not. Stephen suggested that if the only thing we were going to change was the set back then we could amend it on the floor. The board is going to reconvene about this at the next meeting.
Business from the public- Sandra Shinfoni stated that using Richard Cohen, the specialty lawyer would not cost the town anything until applications were submitted. Sandra Shinfoni requested that the board call Mr. Cohen and ask him the details of his fees. Maggie stated that she would do this.
Submitted by,
Bridget Krans
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