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Planning Board Minutes 01/02/2013

P.O. BOX 602
(508) 696-4270
Fax (508) 696-7341


DATE:           January 2, 2013
TIME:                   7:07 PM

PLACE:          Town Hall Annex

ATTENDANCE:     Aldrin, Peak, Seidman and Thompson
ABSENT:         Stephenson

BILLS:          UPS Store……………………………….$263.25

MINUTES:                As referred in the December 19, 2012 Meeting Agenda
                        05 December 2012        M/S/C           4/0/0
                        19 December 2012        M/S/C           4/0/0


7:07PM  House Business

A)      Reid Dunn, Tisbury MarketPlace - Mr. Seidman noted that the newly constructed structure had the correct number of units (five). Mr. Peak read that Mr. Aiello, the proprietor of a local business had purchased two units, which were subsequently reconfigured as one unit. Mr. Seidman also indicated that the green roof had been installed.

B) Tisbury School Committee – Mr. Seidman expressed an interest in attending their next meeting, and asked the Board Secretary to inquire about their schedule.

7:15 PM Public Hearing: Special Permit Application by Cingular Wireless, PCS,           LLC dba AT&T, High Point Lane, AP 22A11
                Attendance: Timothy Greene, MaryEllen Larsen - FinCom

Hearing commenced in due form at 7:18 PM. Mr. Peak, Planning Board Co-Chairman read the public hearing notice into the minutes and asked the Board to introduce themselves to the applicant’s representative. Mr. Greene.

Mr. Peak advised Mr. Greene that Mr. Stephenson would not be able to attend the meeting due to illness. He was required to inform him that without a fifth member the proposal required a unanimous vote to pass. He had the option to postpone the discussions until the fifth member was available or, to continue the hearing with the four members. Mr. Greene replied that he wanted to move forward with the hearing process.

At Mr. Peak’s prompting, Mr. Greene, a consultant at SAI mentioned that he was representing Cingular Wireless, PCS, LLC dba AT&T. He noted that AT&T had an existing facility on the water tank since 2001. They started with twelve antennas for the initial installation, and reduced the number to six over time with the upgrades. His client wanted to install three more antennas for a total of nine (9) as part of a nationwide upgrade of the network to 4G LT high speed data technology.

The modification to the existing system basically consisted of adding a mount for each the antennas, running a conduit to the equipment cabinet and adding equipment inside the shelter to accommodate the upgrade.

Mr. Peak inquired if they were adding an antenna to each of the three arrays. Mr. Greene replied in the affirmative.

Mr. Greene clarified for the record that the original permit had expired in 2011. The modification was therefore no longer qualified as an amendment, which prompted his client to secure a new permit for the upgrade. The application for the upgrade does not impact traffic, require any lighting, impact sewage, generate any smoke, or generate any glare.

Mr. Peak inquired about the size of the new antennas. Mr. Greene replied that they were going to be slightly larger, but designed to match the existing antennas (six). The three new antennas were specifically for 4G and to run under a different frequency (Tab 3). The Board was directed to the photos of the antennas in Tab 5. He added that the antennas were to be mounted on the sides of the tank.

Mr. Peak inquired about the purpose for the radio heads. Mr. Greene explained that they operate like a booster for the antennas, and accommodate the use of fiber as opposed to cables.  

Mr. Peak inquired if AT&T had plans to alter the equipment cabinet. Mr. Greene replied in the negative, explaining that they were simply adding another rack of equipment, so that all of the modifications were inside the cabinet.

Mr. Peak inquired if there were any issues with the noise factor. Mr. Greene replied in the negative, explaining that the only noise to be heard from the equipment cabinet would be a noise similar to that generated from an air conditioner.

Mr. Peak inquired if any of the town boards had commented on the proposal. The Board Secretary replied in the negative.  Mr. Peak thought it was a ‘pretty good use of infrastructure” given the co-locating avoids the need for a new tower.

Mr. Peak informed Mr. Greene that the special permit by regulation were granted for ten years and required a $10,000.00 bond.

There being no further discussion, Mr. Peak entertained a motion to grant Cingular Wireless, PCS, LLC dba AT&T a special permit for the continued and augmented operation of an existing Wireless Communication Facility on the water tower tank.    Mr. Seidman so moved. Mr. Aldrin seconded the motion, which motion carried.  4/0/0

Mr. Peak entertained a motion to close the public hearing and enter into deliberations. Mr. Aldrin so moved and Mr. Seidman seconded the motion.  And the motion carried. 4/0/0

7:31 PM Deliberations: Special Permit Application by Cingular Wireless, PCS,                    LLC dba AT&T, High Point Lane, AP 22A11

Mr. Peak noted that the antennas were designed to look similar to the existing antennas, and that the difference in their dimensions were insignificant. Based on the application they appeared to be similar in color.

Board members were asked if they had any comments on the proposal. Mr. Seidman inquired if the special permit decision would reflect the conditions of the original decision in 2001. He further questioned whether the document could be streamlined so that it was not as lengthy.  

Mr. Peak noted that the decision could make reference to the original decision and incorporate the information that pertained to the current proposal. He was not sure if AT&T already had a bond on file, or how the town would handle it.

Mr. Greene did not have an issue complying with the $10,000.00 bond requirement. If AT&T already had one on file, he would make sure to submit it to the Planning Board.

Mr. Peak entertained a motion to continue the deliberations on January 16, 2013 at 7:45 PM at the Town Hall Annex. Mr. Seidman moved the motion. Mr. Aldrin seconded the motion, and the motion carried.  4/0/0


1. Planning Board Reports
RE: Updates

Board members were each given a copy of the reports Mr. Stephenson has asked them to review so that they can discuss their updates during their regularly scheduled meetings.

Mr. Peak noted that they’ve discussed this and have already agreed. He thought they should pursue the task within the next couple months to take advantage of Mr. Stephenson’s expertise, given that he will not be running for re-election this year.

2. Town Report 2012/13
RE: Draft

Mr. Seidman was not prepared with a draft report for the Board’s review. He asked the Board for their input (suggestions) and for copies of the Board’s past reports.

Board members recommended adding a comment about the Marine Hospital (new sidewalk on Skiff and Main St.), park plans for the new bridge and surrounding territory, evaluation of the future needs of the elementary school, photovoltaic solar arrays, and the emergency service building.

3. Planning Board Budget for FY 2014

Mr. Peak advised the Board that they were being asked once again to prepare their budgets for the next fiscal year. Since the budget remained the same from year to year, he offered to adjust the budget with the Board Secretary on their behalf to meet the town’s specifications for FY 2014.  Board members interested in helping out were invited to meet with Mr. Peak and the Board Secretary.  

Mr. Seidman expressed an interest in joining the discussions, and offered to help. Mr. Peak and Mr. Seidman agreed to meet with the Board Secretary on January 4, 2013 at 12:30 PM.  The board members agreed that Mr. Peak and Seidman would review, and adjust the budget to meet the town’s specifications for FY2014 on their behalf.

4. Proposed ground mounted solar photovoltaic installation next to the new Water Tank
RE: Reconsideration of Planning Board’s 11/14/12 vote

Mr. Seidman advised Mr. Peak that he did not have an issue amending their vote to include a time restriction (two years). He could not however support Mr. Stephenson’s recommendation to dictate to the installer how the installation (behind the meter or directly connected to the grid) should be done. He thought Mr. Straw should be addressing the issue on the town’s behalf and benefit.

Mr. Peak noted that it became an issue when it was discovered that the power would cease if the grid failed. A local farmer had apparently experienced the problem. No one knew if the power fed elsewhere if the grid failed, or if they’d need a back up unit such as a generator.

Mr. Thompson noted that there was no financial incentive to feed the power directly to the meter as opposed to the grid, and doubted that any installer would consider the option at all.

Mr. Peak thought they should find out where the Board of Selectmen stood on the approval of the site.  The Board Secretary submitted a copy of an email the Health Agent received from Bill Straw stating that had met with the Board of Health who was requesting a plan reflecting the location and installation along with the estimated costs involved. Mr. Straw indicated that he hoped to have the information ready for his appointment with the Board of Health on 01/08/13.

The Board Secretary noted that Mrs. Jones had informed her that the Board of Selectmen did not act on Mr. Bill’s proposal until they heard from the Board of Health.

Mr. Peak thought they could eventually write the Board of Selectmen a letter in the future, informing them that the Planning Board had written a letter in support of the use of the land for a photovoltaic solar installation, but would like to amend that support stating that it should be for a limited duration of time, given that there were potentially competing uses for the property. The Board agreed.

5. Planning Board’s January 16, 2013 Meeting
RE:  Stephenson’s request for an earlier hour

Mr. Stephenson left a message with the Board Secretary to ask the Board if they would consider meeting at an earlier time on January 16 to discuss their first appointment. Board members did not have an issue with the request.  Mr. Peak moved to the Planning Board’s meeting to 6:45 PM on January 16, 2013 in the Town Hall Annex.  Mr. Seidman seconded the motion, which motion carried.  4/0/0

6.  Town Hall Annex Trailers

Mr. Seidman advised the Board that he had just negotiated the trailer’s purchase for $145,000.00. The town approved $160,000.00.


1.  Planning Board Adm. Secretary
RE: Revised Schedule 10/13-02/13

Board members were informed that the Board Secretary will be working twenty hours a week for the next six weeks, starting January 7, 2013 to meet the training portion of her courses.

2. Fred LaPiana, Dir.| DPW
RE: Proposed Solar Array at Existing Compost Area

3. Tisbury Conservation Commission
RE: Public Hearing Notice – Comcast & NStar Electric Co (installation of six new utility poles), AP 29B03 & 29C06

4. Tisbury Zoning Board of Appeals
A. Public Hearing Notice – Clarence Barnes (activity occurring outside building), AP 22A12
B. Public Hearing Notice – Clarence Barnes (activity occurring outside building), AP 22A26 & 22B01
C. Special Permit # 2133 - Monique Clermont (accessory apartment), AP 16A01

5. Commonwealth of Massachusetts – MEMA
RE: Hazard Mitigation Grant Applications

6. US Dept of Homeland Security – FEMA
RE: Meeting on December 13, 2012 (see attachments/maps)

PRO FORM        Meeting opened, conducted and closed in due form at 8:30 P.M.           (m/s/c  4/0/0)          
Respectfully submitted;
Patricia V. Harris, Secretary

APPROVAL:       Approved and accepted as official minutes;

______________  _________________________
Date                    L. Anthony Peak