Wellfleet Planning Board
Minutes of Meeting of December 4, 2002
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Lisa Brown, David Wright, Alfred
Pickard, Helen Miranda Wilson, Gerald Parent, Mark Berry;
Rex Peterson, Assistant Town Administrator
Chair O'Connell convened the meeting at 7:00 p.m.
Pre-application Consultation with AT&T Wireless re: Special Permit Application. Attorney Douglas H. Wilkins presented the request of AT&T Wireless for a special permit to attach an antenna to the Nextel Tower on Gross Hill Road in accordance with Section 6.18.2.13 of the Wellfleet Zoning Bylaw--Pre-Application Consultation. Mr. Wilkins led the Board through the documents submitted, including:
Letter of 11/8/02
Draft Application
Plans for AT&T Wireless installation
Pertinent Reports and Documents
Letter of 11/25/02
Report of Radio Frequency Specialist
Maps Demonstrating RF Site Coverage
Board members questioned and commented upon the material:
Chair O'Connell noted that he wished to see all elements on the application completed, e.g., question # 8 and the Request for Findings of Fact.
During Mr. Wilkins' discussion of the installation plans, he pointed out the possibility of a change in the initial antenna configuration (page 4 of plans, 2/AO1) to a "future build" configuration (1/AO1); discussion turned to the fact that both configurations needed to be considered for approval at this time. Helen Wilson asked how the future build configuration agreed with what the Cape Code Commission had allowed and added that if this was not what was approved, the Board should not look at it. She emphasized that she wished to see this clearly on paper; Wilkins agreed to check into it. Chair O'Connell asked Rex Peterson if there would be a time limit for moving from Step 1 to Step 2 in construction of the antennae (as there is a 2-year limit on the
special permit) if the Board approved both steps. Wilson suggested checking with Counsel on the time limit on building; Peterson replied that the Building Inspector was the appropriate authority to consult in this case.
O'Connell questioned Wilkins about the corporate pedigree of the applicant, since TeleCorp Realty LLC was the original designee for attachment on the tower. Wilkins replied that AT&T Wireless LLC has acquired TeleCorp. He added that AT&T had originally located on the fire tower and would still retain coverage there.
Helen Wilson asked if AT&T could provide: an existing coverage map with no projection of future coverage, a coverage map with the inclusion of only the AT&T locator, and a map that could be compared to an actual map--an assessor's map of Wellfleet. Lisa Brown added that she would like to see proposed water coverage; Wilson pointed out that showing coverage offshore is not required. Brown also requested that the maps be in color. Noting that 6.18.2.13.E asks for a "delineation on the Assessor's Atlas . . . ," the Chair queried the Board on whether it felt assessor's maps were necessary. Gerry Parent felt that use of 48 sheets of assessor's maps would be excessive and that a Town of Wellfleet map should suffice. O'Connell stated that he felt an 8 ½ by 11 inch map was adequate and, additionally, requested report of coverage over the water. Alfred Pickard moved that the Board allow an 8 ½ by 11inch map instead of an actual assessor's map provided that it was in color and the streets
were recognizable. Mark Berry seconded. Helen Wilson stated that she needed the greater clarity of the assessor's map. After further discussion, the vote was called; the motion passed, 6-1.
Helen Wilson asked, since this was a case of a special permit, if the Board could be relaxed with its own zoning bylaw. Atty. Wilkins noted that flexibility was provided by 6.18.5.
Wilson requested information on the percentage of AT&T cellular subscribers in Wellfleet; Wilkins expressed doubt that he would be able to supply this and added that he did not think it would be helpful. Wilson introduced the subject of the Conflict of Interest law, adding that Board members should make a disclosure if they used AT&T cellular; Mark Berry so disclosed. Parent commented that he did not feel this information was necessary but added that if a Board member had AT&T cellular phone service, he could verbally disclose this. Further discussion ensued; consensus was that personal ownership of AT&T stock would not constitute conflict of interest.
David Wright questioned what the situation was in respect to Section 4, #s 4 & 7, of the pre-application consultation documents (documents regarding the Cape Cod Commission decision on the Nextel tower). Peterson noted that these applied to operating the facilities and would go to the Commission. Wright commented that this was his main concern.
Atty. Wilkins turned to his letter of 11/25, a preview of what the application would contain. Agreeing with the Chair that there should be a correction in the Exhibit 13 material on page 4 from 40 meters to 9 meters (". . .below 40 decibels at 9 meters . . "), Wilkins noted that the information will include spec sheets for the equipment and that his Public Safety expert was working on the figures for #17--Material Safety Data Sheet for GNB Batteries (Exhibit 15).
Wilkins and the Board worked their way through his requests for waivers of required portions of the applications:
6.18.2.13.A. A survey of all sites for the installation of communication structures . . . . Helen Wilson objected to waiving this requirement, stating that she wished AT&T to prove that the Gross Hill tower was the best place for its purposes and that she wished to see projections of other possible places. Alfred Pickard asked whether her request was in the best interest of the town, since if the Board sent Mr. Wilkins away to have AT&T consider alternatives, it might be decided that an alternate site of 140 feet in height was preferable to the tower co-location. Gerry Parent agreed that the Board wanted AT&T to co-locate rather than consider a new site. Mark Berry moved and Alfred Pickard seconded that the Board waive
6.18.2.13A. Lisa Brown reminded the Board that it is at the beginning of a cell tower proposal that companies look for alternate sites for coverage, that this initial step was the source of the alternative site requirement. Helen Wilson argued against voting at the pre-application consultation to waive this requirement (and any others); she asserted such voting should be done at a posted public hearing. David Wright noted that all legal posting had been done at the time of the hearing for the tower and that this evening's meeting had also been posted. The Chair stated that he felt this procedure was satisfactory for the pre-application consultation. The vote was called; the motion passed 6 - 1 (Helen Wilson against, for reasons stated above.)
6.18.2.13B. A survey of all pre-existing structures which are capable of supporting the equipment . . . . Gerry Parent moved that the Board waive 6.18.2.13B; Alfred Pickard seconded. Helen Wilson stated that conducting this voting process in an informal consultation bypasses the intention of the bylaw. The motion passed, 6-1 (Wilson).
6.18.2.13C. The radiation pattern of all proposed antennas showing the frequency and intensity of radiation between ground level and 28 feet above ground level at all locations within Wellfleet. Atty. Wilkins stated that he would not ask for a waiver here; the Chair pointed out that this requirement is extremely specific at 28 feet above ground level. O'Connell also noted that the Board has not had such a report tied to the true topography of the town but that it was not necessary, that previous information had been sufficient.
6.18.2.13D. Calculation of the sound level in decibels between ground level and 28 feet . . . . It was noted that for the sound level requirement previous applicants have had a sound engineer write a report. Mr. Wilkins has given the Board information concerning the cabinets and asked that it consider the previously approved arrays as sufficient information or that it waive further information. The Board's consensus, however, was to ask for information on the noise level of this specific array and not to waive the requirement.
6.18.2.13E. A delineation on the Assessor's Atlas . . . The use of suitable town maps had already been voted upon.
6.18.2.13F. A statement of the services to be supported by the proposed communication structure . . . . The Chair, with the Board's agreement, felt that this should not be waived.
6.18.2.13.G. A description of special design features . . . . David Wright ascertained that the array would be the same color as the pole. Lisa Brown stated her difficulty in visualizing what the antenna would look like on the pole and expressed her wish that the applicants would submit pictures; Wilkins agreed to do so.
6.18.2.13.H. A certification that the applicant has complied with all state requirements . . . . Atty. Wilkins will provide the Board with the license and reports of the health and coverage experts.
6.18.2.13.I. The balloon test. Lisa Brown moved and Mark Berry seconded that the Board should waive the balloon test. The motion passed, 6-1 (Wilson).
In further discussion, Alfred Pickard asked about bonding the project; Rex Peterson replied that the town has requested $25,000 to bond the antenna array. The Chair noted to Atty. Wilkins that the Board was expecting to see all other aspects of the bylaw plus findings. Wilkins replied that he would be asking for more waivers. The hearing on the application for the special permit was set for January 29, 2003.
The Chair asked the Board if it was satisfied with the pre-application consultation. Helen Wilson repeated her point that with Board members who might have financial interest in AT&T and, therefore, be involved in a conflict of interest could be responsible for a reversing of the Board's decision. She added that some "sticky wicket" could bring this up and stated that she wished to make this clear to the applicant, since she did not want conflict of interest problems to jeopardize approval. Alfred Pickard moved and Lisa Brown seconded the motion that the pre-application consultation had been satisfied. The motion passed 7-0.
ANR #02-12, Robert Paine, End of Paine Hollow Road, Map #35, Lot #71, 1 lot, 1 parcel proposed. No representative of ANR #02-12 attended the meeting. Discussion covered Town Counsel Betsy Lane's answers (letter of 12/02/02) to Rex Peterson's questions (letter of 11/21/02) on the frontage issues inherent in this ANR submission (see minutes of 10/16, 11/6 and 11/20/02). Helen Wilson referred to her recent communication with DCHD in which she stated that one cannot request a variance for frontage for an ANR and that the applicant should come to the Board with a subdivision application. Wilson disagreed with Ms. Lane in her statement that a Board may endorse plan with a deficiency in the required length of frontage. Since no representative of the ANR had appeared to submit any further
information, Rex Peterson advised the Board to deny the ANR plan on the grounds of inadequate frontage, this to prevent the applicant from going to the Town Clerk for automatic approval if no action was taken by the Board. Lisa Brown moved and David Wright seconded the motion to deny the plan as an ANR because of inadequate frontage on the advice of counsel. The motion passed unanimously, 7-0.
Other Business:
List of Revisions for Subdivision Regulations. The Board continued to consider the proposed list of revisions to be submitted to consultant Jon Whitten. Helen Wilson read and discussed a list of definitions she had compiled, stating that she felt new board members or interested parties might be aided by them. The Chair suggested that this list be given to Mr. Whitten. Gerry Parent pointed out that the Subdivision Control Law is an adjunct to the Zoning Bylaw and that they should be used together by subdividers, lawyers, etc. Other topics covered by discussion include:
Procedures--have they ever been voted upon?
Updating of filing fees--to recoup costs? To keep up with other communities?
Charging for inspections
Need for topography maps
David Wright asked that his copy of the earlier (c. 1997) revision of Subdivision Control Regulations be duplicated and sent to the other Board members. Gerry Parent suggested letting Jon Whitten come before the Board with his own ideas--costs, towns' as-builts, etc.--rather than burdening him with lists. The Chair countered that he wished to give Whitten an idea of what the Board wants.
Minutes of 11/14/02 and 11/20/02.
Helen Wilson moved and Mark Berry seconded approval of the 11/14/02 minutes as amended. Passed 7-0.
David Wright moved and Chair O'Connell seconded approval of the 11/20/02 minutes as amended. Passed 6-0-1 (Brown).
Estate of Bernice Wiley--Bluefish Lane--Request for return of surety deposit for sowing of grass. The Board had inspected the property at Bluefish Lane on a site visit of 11/19/01; consensus was that the seed had not germinated on the banks of the road and, therefore, the conditions under which the check for $1200 was being held had not been satisfied. Alfred Pickard moved and Chair O'Connell seconded the motion that a letter be sent stating that the work had not been completed and that the check would be cashed and deposited in an escrow account on January 15, 2003. The motion passed, 7-0.
Discussion of ZBA Variance Decision on Peets, 25 Centre Street, Lot 121, Map 36. The Board engaged in further discussion of the Peets' decision (see minutes of 11/14) and of the as-yet-unanswered letter written to the Building Inspector by Chair O'Connell on behalf of the Planning Board; this letter requested clarification of Mr. Asmann's reasons for believing this property a buildable lot and for issuing a building permit. Rex Peterson suggested that the Planning Board should file a Request for Enforcement to which the Building Inspector must respond within 14 days in order to receive an answer from him. Lisa Brown moved and Mark Berry seconded the motion that the Planning Board file a request for enforcement to the Building Inspector; the motion passed by a vote of
7-0.
Naming of Aaron Rich Road Extension. Chair O'Connell stated that Michael Ensor has requested that the road which extends to Lots .2 and .3, Map 29, Parcel 283 (Chavchavadze property) be named Aaron Rich Road Extension because of the historical significance of the Aaron Rich Homestead to the property. Lisa Brown moved that the Board approve the name Aaron Rich Road Extension for the above named property; Mark Berry seconded; the motion passed 6-0-1 (Wilson). Mr. Ensor will be requested to fill out paperwork so that the name may be filed with the Registry in Barnstable.
Mail: The Chair reviewed the mail:
Notice of ZBA hearing (12/11/02) on request for variance from Pyles--front setback request because of marsh (Chair recused himself from discussion); comment made that topography is probably in line for them; extenuating circumstances with the marsh. (Note: this variance request has subsequently been withdrawn from the ZBA agenda) Comment also made on Amsler request for special permit for Affordable Accessory Dwelling Unit, same agenda.
Letter from Lezli Rowell regarding the harbor and estuarine water quality. Ms. Rowell opposes state governmental control of the harbor, wresting it from the public sector and limiting local control. She asks that upland use planning around the harbor be considered by the Harbor Management Group.
Announcement of a Town of Provincetown Seminar on Affordable Housing to be held on 12/6/02 from 10 a.m. to 4 p.m. at the Town Hall Auditorium. Helen Wilson stated her plans to attend because of projected discussion of amnesty by representatives from Barnstable.
Announcement of Cape Cod Commission Town Planners' Meeting on Friday, 12/13/02 at 9:30 a.m. Rex Peterson will attend.
Zoning Bylaw Revision Discussion. (Gerry Parent recused himself and left the meeting.) The Board turned to Rex Peterson's 11/25/02 memo on the proposed revisions:
Alfred Pickard questioned the term "nonprofit" in the definition of Health Care Clinic (Article A); he also asked that the asterisk be removed from Health Care Clinic in the grid in Article B.
Chair O'Connell suggested that "Commercial" be changed to "Principal" in Section 5.4.13.
David Wright, commenting on Article G, suggested that perhaps all four establishments: Boathouse Commercial, Funeral Home, Guest House, Public, and Nursing Home should not be allowed in C2 because of possible traffic and parking problems.
It was agreed that the Board would consider this again at the next meeting; the Board noted to Mr. Peterson that it was nice to see this information in print. A final question was posed concerning a possible move of Outer Cape Health Services to the Senior Center property as to whether the necessary room (5 acres) was available for building.
Lisa Brown moved and Helen Wilson seconded adjournment; the meeting was unanimously adjourned.
Respectfully submitted,
_____________________________ ___________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary _______________________Date
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