These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting – Open Meeting Law – Section III.
Members present: Peter Conner, David Peck, Michael Main, William Keohan, Edward Conroy, and James Simpson
Ryan Matthews has resigned as an Alternate Member.
Staff present: Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening.
Public Hearing – Case No. 3644
Nelson B. and Marie E. Ferreira
117 Herring Pond Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
The Petitioner, who is seeking a Special Permit per Section 205-42 and Table V to waive side and front setbacks in order to raze an existing shed and construct a detached single-story two-car garage, did not appear.
Mr. Peck motioned to continue Case No. 3644 to October 19, 2011 at 7:30 P.M. Mr. Main seconded. Agreed unanimously (5-0)
Public Hearing – Case No. 3645
Warren W. Bush
575 Federal Furnace Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Bush represented himself. He is seeking a Special Permit per Section 205-40 and Table V to waive the side setback requirements in order to construct a side landing and stairs.
Mr. Bush explained the situation where the owners were flooded out during a storm and to remedy the problem they raised the house seven feet and installed a new septic system. They also raised the side deck next to the kitchen door and added stairs. The stairs interfered with the side setbacks, which was unknown to the owners at the time of the construction.
Public Comment In favor: Two abutter letters were submitted.
Public Comment: Barbara Brewster had concerns regarding an abutting easement. The Board suggested she investigate with the Town Engineer.
Hearing Closed
Mr. Conroy motioned to approve Case No. 3645. Mr. Keohan seconded. Granted unanimously (5-0).
Submitted Documentation:
Town of Plymouth Certified Abutters Listing dated August 11, 2011;
Two (2) sets of mailing envelopes;
Three (3) checks, filing fees;
Letter from Mike Doyle (Abutter) dated August 11, 2011;
(2) Two site photographs received August 11, 2011;
Site plan entitled “Plot Plan of Land in Plymouth, Massachusetts” dated September 2, 2010 and prepared by Webby Engineering Associates of Plympton, Massachusetts;
Copy of Deed, Commonwealth of Massachusetts, dated October 28, 1976;
Executed Waiver of Time received August 11, 2011;
Zoning Board of Appeals petition application dated August 15, 2011;
Town of Plymouth Department of Inspectional Services Building Denial dated June 28, 2011;
Planning Board recommendation dated September 20, 2011;
Property record card dated September 13, 2011;
Letter from abutter passed in during hearing on October 5, 2011; and
Four (4) site photos.
“Continued” Public Hearing – Case No. 3633
Industrial Tower & Wireless, LLC
109 R Center Hill Road
Sitting: Mr. Conner, Mr. Peck, Mr. Simpson, Mr. Main, and Mr. Conroy
Mr. Keohan recused himself from the hearing.
This public hearing was first convened on June 29, 2011, continued to August 17, 2011 and concluded on October 5, 2011. Attorney Edward T. Angley represented the Petitioner’s who are seeking a Special Permit per Section 205-40 paragraph D5 subject to Environmental Design Conditions for a communication tower and a Special Permit per Section 205-17 paragraph 1 to exceed the height requirements. Attorney Richard M. Serkey of Winokur, Serkey & Rosenberg, P.C. represented the opponents. The public comment section of the hearing was closed on August 17th.
Attorney Jeffrey T. Angley summarized the applicant’s request and responded to a comment made at the August 17, 2011 hearing from the Board regarding the proximity of the tower to the preserve. Attorney Angley said that the tower as presently sited would be 220 feet from the closest walking trail, well past the 150 feet of the tower. With regards to coverage, Attorney Angley stated that a software program is used to determine if there is adequate coverage in a particular area. Kevin Delaney, Engineering and Regulatory Compliance Manager for Industrial Tower and Wireless, LLC answered questions relative to potential carriers, the fact being that the applicant is counting letters of support as commitments. Mr. Delaney clarified the ten foot rule of measuring distances between carriers on a particular tower.
Public hearing closed
Mr. Main motioned to approve Case #3633. Mr. Simpson seconded. Denied (0-5).
Submitted Documents:
Introduction Letter from Industrial Communications received April 26, 2011;
Town of Plymouth Department of Inspectional Services Denial dated October 19, 2011;
Zoning Board of Appeals Petition Application dated April 25, 2011;
Three(3) Checks for filing fees;
Executed Waiver of Time received April 26, 2011;
Environmental Impact Statement dated April 25, 2011;
Plymouth County Registry of Deeds, Massachusetts Quitclaim Deed recorded December 22, 2010;
Site Plan entitled “Proposed Communications Facility” (3 pages) dated April 15, 2011, prepared by Industrial Communications, Engineering Division, of Marshfield, Massachusetts;
Special Permit Application for 109R Center Hill Road (binder) received April 26, 2011, prepared by Industrial Tower & Wireless, LLC – including application materials, an alternative site analysis, sound study, RF safety report, propagation studies, FCC and FAA licensing/approvals and site plan;
Copy of Negative Determination of Applicability under the Wetlands Protection Act and Town of Plymouth local wetlands bylaw;
Powerpoint presentation given at the June 6, 2011 Planning Board meeting (24 slides, printouts in file);
Photographs of Monopole Wireless Facilities;
Tower Facility Color Board;
(1) site photo of Center Hill Road;
Potential Alternative Sites to 109R Center Hill Road received April 26, 2011;
Paired Sales Analysis for Residential Properties with Cell Tower Views;
Environmental Noise Impact Evaluation dated March 22, 2011;
Wireless Networks and Your Health: The Facts;
Propagation Study Analysis Narrative;
Letter from AT&T to Industrial Tower and Wireless regarding acknowledgement the need for improved coverage in this area dated April 12, 2011;
Federal Aviation Administration Determination dated November 8, 2010;
Final Determination by the Massachusetts Department of Transportation (MassDOT) to Industrial Tower and Wireless, Inc. dated April 15, 2011;
Federal Communications Commission Wireless Telecommunications Bureau Radio Station Authorization dated September 25, 2006;
Three (3) emails to/from Mark F. Hutchins, Consulting Radiofrequency Engineer, proposal for a written estimate and proposed scope of services for review received May 12, 2011;
Town of Plymouth Engineering Department Review Letter dated May 9, 2011;
Email from “bird lover” abutter dated 6/11/11;
Letter from concerned citizen dated June 20, 2011;
Request to stop the Center Hill Road Cell Tower Proposal Binder submitted by Attorney. Serkey dated June 20, 2011;
Town of Plymouth Certified abutters listing dated April 19, 2011;
Two (2) sets of mailing labels;
Town of Plymouth Fire Department Original review dated January 3, 2011
Town of Plymouth Fire Department review dated June 20, 2011;
Informational packet to Valerie Massard, AICP, Senior Planner from Mark F. Hutchins, Consulting Radiofrequency Engineer dated May 11, 2011;
Letter to Kevin Delaney, Industrial Tower & Wireless, LLC with a copy to Valerie Massard, Town of Plymouth, from Mark F. Hutchins, Consulting Radiofrequency Engineer dated May 20, 2011 with proposed draft of wireless bylaw;
Review from Mark F. Hutchins, Consulting Radiofrequency Engineer to Valerie Massard, Town of Plymouth dated June 10, 2011;
Letter from Mark Hutchins to Valerie Massard, Senior Town Planner, dated June 27, 2011;
Letter to Plymouth Planning Board from Richard M. Serkey, Winokur, Serkey & Rosenberg, PC dated June 15, 2011;
Plymouth Planning Board recommendation dated June 22, 2011;
Letter from Kevin Delaney, Industrial Communications, to Mark Hutchins dated May 25, 2011;
Letter from Kevin Delaney, Industrial Communication, to Town of Plymouth Planning Department dated June 17, 2011;
Summary of Law Under Federal Telecommunications Act dated October 14, 2010 from Kopelman and Paige, P.C. Town Counsel;
Site photo Planning Department
Coverage Package passed in at Planning Board Hearing
Site Comparison maps; and
Statutory time limits extension letter from Attorney Edward T. Angley dated 8/18/11;
Passed in during continued public hearing on August 17, 2011:
Overview of Case #3633 from Atty. Edward Angley dated 6/27/211;
Memorandum Telecommunications Act of 1996 from Attorney Edward T. Angley;
Doug Sheadel, Modeling Specialties Environmental Noise Mitigation Options for Center Hill Road dated 4/12/11;
Overview of Representatives from Industrial Tower & Wireless presentations;
Alternative Site Analysis of 109R Center Hill Road;
Presentation print-out from Industrial Communications of various propagation studies, marketing maps, etc;
Letter from Industrial Tower and Wireless, LLC regarding peer review payment for sound study;
Letters from Cavanaugh Tocci Associates, Inc. to Valerie Massard, Town of Plymouth, dated August 8, 2011, August 10, 2011, and August 18, 2011;
Registered Letter Certificates from Industrial Tower and Wireless received August 17, 2011;
Letter from Bulkley, Richardson and Gelinas, LLP Law Offices dated September 9, 2011;
Letter from Winokur, Serkey & Rosenberg, PC Law Offices with attached Exhibit A & Exhibit B dated September 12, 2011;
Letter from Winokur, Serkey & Rosenberg, PC Law Offices dated September 14, 2011;
Letter from Attorney Edward T. Angley to Mr. Peter Conner, Chairman, Zoning Board of Appeals dated September 12, 2011;
Letter from metroPCS Communications, Inc. to Mr. Thomas Lennon, Industrial Tower and Wireless, LLC dated September 1, 2011; and
Letter from at&t Mobility to Mr. Thomas Lennon, Industrial Tower and Wireless, LLC dated April 12, 2011;
Additional Submittals:
Cover letter from Attorney Edward T. Angley dated September 21, 2011;
Supplemental Memorandum from Industrial Tower and Wireless dated September 20, 2011;
Proposed revised site plan dated September 12, 2011;
Email concerning noise complaint between Valerie Massard, Senior Town Planner, and ITW 8/15/11;
Winokur, Serkey and Rosenberg response to ITW Supplemental Memorandum dated September 23, 2011; and
Invoice from Cavanaugh Tocci Associates, Inc. dated September 8, 2011.
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 10/06/2011
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