ZBA Hearing Minutes
31 Main Rd
Date: 11/22/11
Hearing began at: 2pm
Members Present: Fred Chapman, Chair, Cynthia Weber, Clerk, Robert Lazzarini and Stanley Ross
The Board discussed the suggestions made by Robert Lazzarini for findings.
The Board made the following findings based on section IV.F.1 through IV.F.19 of the Personal Wireless Service Facilities, Towers and Repeaters Bylaw as amended at Town Meeting May 7, 2011 and as approved by the Attorney General November 21, 2011:
1. The applicant has examined all existing wireless facilities surrounding Monterey and has shown that there is not currently “adequate” personal wireless service coverage in Monterey. This application, together with its companion application by New Cingular Wireless PCS, proposes a telecommunication facility for Monterey that employs two towers to generate “adequate” coverage for wireless communication across all of Monterey as demonstrated by propagation studies and maps.
2. The Board concludes that the proposals adequately protects and preserves to the greatest degree possible the character, scenic beauty and appearance of Monterey as well as the scenic, historic, environmental and natural resources. Each tower will have space to accommodate additional wireless carriers as well as the Town’s emergency communication equipment. The facility will draw its power from underground feeds but will also have its own emergency power generator in case of outages. Thus both wireless phone, and the emergency telecommunications of the Town, will be largely protected from outages. The towers will be sited on large parcels; thus lessening the impact of the tower on abutting parcels and the whole Town. The Board realizes that there is an inherent contradiction in
following both mandates and has, therefore, asked the applicant to make certain modifications to its application and, furthermore, has mandated sufficient conditions to minimize negative impact.
3. The applicant has proposed good standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of the facility. These include the posting of a performance bond and a bond ensuring that the site will be returned to its native state if the facility is no longer operational.
4. It is understood that construction and operation of the proposed facilities will be carried out in a timely manner.
5. The Board believes that sufficient evidence was provided to ensure that the towers will not have a substantial negative impact on property values. This evaluation is clearly subjective and involves the trade-off of having of towers in a rural community against the added value of having town-wide wireless cell service for personal, business and emergency needs.
6. Application for personal wireless facilities and tower at 31 Main Rd would be located within the telecommunications overlay district.
7. The proposed size of the compound at tower base is larger than that specified by Monterey’s Zoning Bylaw. The Board granted (5-0) the requested variance for the size and shape of the ground facilities area because the bylaw calls for an area insufficiently large to accommodate additional carriers thus obviating the need for additional towers. In addition, the Town’s police, fire and highway communications equipment will be included within the compound and those users are exempt from the provisions of this bylaw.
8. The site proposed for the 31 Main Road 160 foot tower lies 60 feet from the rear and left side lot lines and therefore infringes on both the set backs. Monterey’s bylaw specifies a set back of 1.5 times the tower height, or 240 feet in the current case. At the Boards request, the applicant has performed a series of signal propagation studies that demonstrate that the proposed placement of the tower is necessary to obtain adequate signal strength and coverage of the adjacent area. Specifically, tower locations that respect the set back requirements do not allow sufficient signal strength even if the tower height is increased from 160 to 200 feet, the maximum allowable. The topographic features of the area are such that to obtain adequate coverage, the tower must be located
at its highest point, and in violation of the setback requirements. A literal interpretation of the provisions of the bylaw would involve substantial hardship, financial and otherwise, for both the applicant and the Town, in that it would halt this attempt to establish a wireless telecommunication network for Monterey. At this time, we know of no other viable option for the network. If allowed, the safety/welfare or the visual/aesthetic aspects of the Town would not be substantially affected. The tower site is remote and high up rugged, undeveloped terrain. The large infringement (180 ft of a 240 ft. setback) occurs with the Appalachian Trail and is unlikely to be developed in the future. The second infringement is small (20 ft. of a 240 ft set back) and involves a privately owned property. However, the dwelling on that property is 715 feet distant from the tower and the infringed upon area of the property is undeveloped woodlands. The two impinged abutters are the Federal
Government (as the Appalachian Trail) which encouraged the project and the Halls of Blue Hill Rd who expressed no official objections. In light of these considerations, the Board granted (4-1) a requested variance to property line setbacks.
9. Other than the unavoidable visual blight of the tower, the proposed, modified and conditioned fencing, lighting, generator insulation and locale will substantially limit the project’s possibility of being an attractive nuisance, creating noise or falling objects.
10. Adverse visual impact will be partially mitigated by tower design and placement.
11. The Board determined (4-1) that a monopole rather than a monopine would be visually the less intrusive tower shape.~ The predominance of the small number of public comments support this determination.
12. The applicant, which includes an end-user carrier,~ (see IV.F10), supplied all required documentation of existing facilities as well as the specifications for the equipment proposed for the site, as enumerated in IV.F.G.
The board concluded that the request was in harmony with the general purpose and intent of the Bylaws and that the use will not involve injurious, noxious, offensive or detrimental to the neighborhoods or town.
Conditions:
1. Two computer generated maps will be provide to show that wireless telecommunication coverage for Monterey with and without the 2 proposed towers , thus affording “before and after” pictures of the coverage.
2. Detailed construction diagrams for the foundation and base of the tower will be provided to the Board prior to the effective validity of the special permit.
3. If the project is to be cancelled, curtailed or abandoned (no longer used for the purpose of a telecommunications tower) – the site and access road must be put back into its original, natural state and the tower and adjacent building compound shall be removed.
4. A performance/remediation/removal bond in the amount of $20,000 corrected for inflation per the Congressional Budget Office each year must be taken out by the applicant.
5. A maintenance bond in the amount of $20,000 must be taken out by the applicant for the access road, site and tower.
6. The applicant will erect a mono-pole tower with the bottom 40 feet to be painted tree-trunk brown and the upper part of the tower grey.
7. Applicant, at its sole cost and expense and without cost to the Town, shall provide space at the top of the tower for the Town’s police, fire and highway repeater and/or radio equipment, and shall provide ground space within the compound for a small building (or area within an existing building) to house the Town’s necessary emergency equipment.~ The Town shall have 24 hour access to the compound and tower, the right to connect to and utilize the power and emergency power supplies, free of charge.
8. The generator and its associated utilities need to conform and comply with all state, local and federal laws.
9. Fencing will be eight foot high chain link, motion sensing lights to be provided within the compound, lower rungs on ladders to be removed up to the 20 foot level.
10. The applicant will install underground wiring for the utilities going to the tower.
11. The Town is to be named as an additional insured for all insurance policies procured for the tower and associated structures, roads and utilities.
12. Applicant must commence construction within one year of the date of this Decision and diligently pursue construction and completion, failing which this Application shall be deemed denied.
13. Equipment compound area shall be limited to 2,500 square feet.
14. Applicant’s construction of the access road shall include drainage and runoff mitigation such that there shall be no drainage or runoff onto, or over Town roads, and shall be subject to any further requirements of the Town Director of Operations.
15. All construction (including roadway) shall comply with all applicable Town by-laws, regulations and Board requirements.
The hearing concluded at 3:30pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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