ZBA Hearing Minutes
Date: 9/26/11 – 73 Chestnut Hill Rd
Hearing began at: 3:45pm
Members Present: Fred Chapman, Chair, Cynthia Weber, Clerk, Robert Lazzarini, Stanley Ross and Jonathan Levin, Alternate
Also present: Joy Brown, Jeff Purvis, Richard Comi of The Center for Municipal Solutions, Michael Dolan, Attorney for AT&T, Francis Malabanan, Radio Frequency for AT&T, Eugene Bounous, Jesse Marino, Engineer Consultant to AT&T, Doug Bruce, BNRC, Peter Fales of AT&T, Ed & Louise Callan, Richard Farkas and Howard & Gail Leavy
The Board apologized for the previous hearing having gone beyond the start time of this hearing and thanked everyone for being patient.
Jesse Marino presented revised plans based on requests from the Board and Richard Comi, the town’s consultant. The road was widened to 12ft and at the top an improved, larger turnaround was added which would accommodate a typical fire engine. Underground utilities were added. Fred asked if a brochure with tree choices (styles) was brought for the Board to review. Jesse had one with him but it has not yet been approved by Attorney Dolan. The transformer was moved inside the compound as requested by the Board. Detention ponds were added to be used with level spreaders to help with storm water management. The new plans have the water coming back on the site instead of onto Chestnut Hill. A 10x10 area was created in the compound for the town’s equipment which Shawn
Tryon, Fire Chief stated suited the town’s need completely.
Maynard asked if the access road would be plowed in the winter which Jesse couldn’t answer. Maynard would have objections to AT&T plowing the 100ft of Chestnut Hill that isn’t plowed by the town in the winter because then cars would drive there and possibly getting stuck. Jon asked Maynard if a fire gate were installed would that appease him and yes it would. Jesse will get in touch with Maynard on the details of the gate which would be on town property which AT&T would agree to build. Fred noted that there would probably be waivers that would need to be signed so that the town wasn’t liable if AT&T were plowing that 100ft of the road that the town doesn’t. Jeffrey Purvis the closest abutter to the proposed access road objected to a curb cut being any
closer to his property.
Jeffrey Purvis asked if the tower on the other site were going to be proposed at a higher height why not make this one lower; the Board stated that they each covered different areas.
Francis Malabanon then reviewed the new coverage projections to meet the requests of the Board. Elephant Rock Rd, Harbor Lane, Laurel Hill Rd and Jamie Lane would all suffer if the tower’s height were to be lowered. The Board agreed that these were all highly populated areas and would need coverage. Jeffrey Purvis wanted to know if the town would get more coverage if it were on Mt Hunger; the Board responded that they can only rule on where AT&T is proposing the tower and has an approved location with a land owner.
A letter from the Berkshire Natural Resources Council was read into record. They are requesting that the tower be camouflaged to the most it can be and that it will be at the lowest height possible. They are concerned about silty run off from the new access road. Fred mentioned the meditation bench that is located on this land and if the tower is visible from where the tower is proposed that AT&T pay for the bench to be moved to another location where the view would not be impeded by a tower. Jeffrey stated that the entire property is used for meditation and this tower would totally disrupt the mountain and what it is currently used for by visitors. No one from New England Keswick was present. The Board noted that the people to talk to would be New England Keswick since they are the
ones that agreed to lease the site to AT&T. Jeffrey Purvis stated that he would have to move if the tower is erected and is upset that this will denigrate the value of his property. At the Board’s request, AT&T agreed to pay up to $5,000 to relocate Dave’s Bench.
Fred asked if any towers have ever been painted brown on the bottom and sky blue on the top to try to masquerade it versus using the mono-pine design. AT&T stated yes and it definitely helps.
It was confirmed that any future applications for antennas to be added would need a special permit by the Board.
Howard Leavy of Beartown Mtn Road asked how the town could approve this application and then tell some people in town that they still won’t be able to get cell service. Fred stated that we are mandated to look at the maximum coverage proposal with the least impact. Howard asked if anyone on the Board lived in an area that wouldn’t be covered by this proposal and one is. Bob stated it all comes down to a subjective, judgmental decision that the Board will need to make based on the information it has been provided.
Michael Dolan stated that they will paint the tower any color the Board wants but it has been their experience that the gun metal gray color is the best at not standing out as much as say a blue which would stand out more on a cloudy day.
Richard Comi stated he felt the Board has been provided all the information they need on this application to make an educated and informed decision.
Richard Farkas asked if the towers were going to be 4G and internet capable and Francis stated that yes it will be but only with AT&T for now.
It was asked if anyone had any other questions prior to the Board closing the public portion of the meeting prior to entering their deliberations where the meeting is closed to public comments unless the Board has a question for you. Doug Bruce from BNRC added comments about their decommissioning requests with regards to the access road which is leased by AT&T and owned by New England Keswick. AT&T stated that they never decommission a road when it is no longer necessary, it just grows over. AT&T couldn’t comment on what the landowner would want to use the road for in the future should it no longer be used to access the tower.
At this point the public portion of the hearing was closed by a unanimous vote of the Board and they entered into their deliberations.
The Board discussed the difficulties they were having with understanding the benefits and impositions with the varying heights of the tower shown. Stan noted that he received a letter from residents on Point Rd who want the coverage but are concerned with the mono-pine style as it wouldn’t blend in with the current Monterey landscape. The Board reviewed again the roads that AT&T had stated would lose service/coverage if the tower’s height were to be lowered. The Board all seemed to feel that most people would get used to the tower once it was there for some time but it would be more difficult to get used to if it were designed like a fake pine tree. There were also concerns about the frequency with which AT&T would be plowing the access road because we don’t usually get
just a few inches we get several inches at a time.
The Board asked if other vehicles besides cars/trucks were used and AT&T stated that they also use snowmobiles, snowshoes, etc. AT&T doesn’t want to go off air, they will use whatever means necessary to get to the tower to restore service if need be.
Bob had issues with the requests for “waivers” which our bylaws don’t have a provision for; some the Board can deal with but the others are clearly variances and more difficult to approve such as the size of the proposed compounds.
The Board also has issues with the mono-pine design and wanted to explore options to use a different design that would not be so obtrusive to the natural landscape.
The Board agreed to continue the deliberations to 3:15 on Monday, October 24th.
The hearing concluded at 5:12pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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