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Planning Board Meeting Minutes 4/28/11
Members Present: Maggie Leonard; Chairman, Stephen Enoch, Larry Klein, Alan Solomon, Bridget Krans, and Barry Karson (arrived at 7:09).
Meeting to order: 7:07PM
- Previous meeting minutes: Meeting minutes from 3/10/11 approved as written, minutes from 4/14/11 approved as written.
- Report from Stephen on the legalities on tabling a discussion at town meeting: The Monterey bylaws do not have anything specific on this matter. As a result Robert’s Rules are followed. Stephen learned that if someone votes to table something then later in the meeting a vote can be taken to reconsider. If the board decided that a secret ballot is preferred then that has to be decided before the end of the discussion. Stephen told the board the interesting fact that if the vote looks close someone has to say “I doubt it” and the Moderator has to take a count.
- What will happen if the new bylaw does not pass? If the new location does not pass Larry felt that we would not be able to dictate what the tower looks like or even how tall the tower can be. This is if they get a variance. Maggie got in touch with town council and Brian Domina of Berkshire Regional Planning. Both agreed that if the bylaw does not pass and the wireless provider prevails in a lawsuit against the town, it will be entitled to a variance from the Monterey Telecommunications bylaw (i.e. the right to construct a tower outside the current overlay district). The extent of the variance is unknown at this time. In the event that the bylaw is turned down Barry stated that we still have a bylaw. Barry did not understand where the problem was. Larry stated that the courts are letting the companies
prevail. According to Larry that courts are stating that if the sight does not serve the needs then they are eligible for a variance. Barry asked why the ZBA can’t provide a variance (in the case that the bylaw is turned down) that states that the tower has to be put on Bonouse’s property or on Keswick’s property. Larry stated that he felt that was a big issues because then we would not have any control over how the tower looks or how it was built. Stephen stated that if the town really wants to have the greatest say then it would be in the best interest of the town to vote for the bylaw change. If the town turns down the bylaw then the town retains very little control over where or how cell towers will be in the town. Stephen asked if the bylaw does not pass then can we hold a special town meeting if we change the language.
- Report for informational meeting: Maggie went through all of the bylaw drafts and feels comfortable comparing and contrasting all drafts. Maggie has notes that she feels comfortable with and will aid her in answering questions about the bylaw. Maggie felt that she would use the feedback she receives from the informational meeting to assist her in making notes for what she will say at the town meeting. Barry suggested that Maggie start with a statement about federal regulations being the reason that the board decided to start the rewriting of the bylaw in the first place. Stephen felt that we should focus on the fact that the bylaw that we are proposing will help the town have a strong voice in the cell tower process. The bylaw provides control. Alan also suggested that we mention that our bylaw is not
unlike other surrounding towns.
- Mail opened: The town report was received. The Berkshire Regional Planning News Letter was received also. Maggie pointed out that BRPC felt that the requirements for the Common Wealth Capital Grants are unfair to small towns such as Monterey.
- Meeting Adjourned: 8:25PM
Submitted by,
Bridget Krans
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