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Wellfleet Planning Board
Minutes of August 6, 2003
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Lisa Brown, Gerald Parent, Mark Berry, Alfred Pickard; Rex Peterson, Assistant Town Administrator
Excused: Ben Gitlow
Chair O'Connell convened the meeting at 7:00 p.m.
Public Hearing: Definitive Subdivision #03-01, Sueko Hall, 151 Hamblen Farm Road, Wellfleet, Assessor's Map #19, Lot #12 & Map #12, Lot #17, 2 lots proposed. [Gerry Parent recused himself from discussion and left the table.] Richard Lay presented the plan for the above-cited subdivision, consisting of 4.35 acres of upland proposed to be divided into two lots, Lot 2 to contain the existing dwelling. Lot 2, with a deeded easement to access from Hamblen Farm Road, would retain that access; Lot 1 is to receive access from Joshua Hamblin Lane, an extension and improvement of an existing gravel drive, paved to 10 feet with 1 foot berms and hardening to a width of 16 feet. Lay stated that, since Joshua Hamblin Lane will serve only one lot, substantial waivers (5 in number) were
being requested; these have been noted on an attachment to the Covenant for the subdivision and include waivers from width regulations and from the requirement to construct a cul-de-sac. He added that utilities would be continued underground in the way and that the definitive plan had not changed from the preliminary plan. Discussion covered the location of power and process of bringing power to the lots, the question of whether the fact the topography was not shown on the plan should be part of the waivers (Lay replied that it had been shown on the preliminary), and agreement that the little-over-11% grade did not present a problem. Lisa Brown moved and Alfred Pickard seconded that the Board approve Definitive Subdivision #03-01 along with all waivers requested. The Chair noted as findings that the lots are nicely-sized and that, although the Board had received no response from the Fire Chief regarding the proposal, the plan has
sufficient road width the satisfy fire requirements. The motion carried, 4-0.
Preliminary Subdivision #03-04: John B. Goodman, Jr., Trustee, 55 Goss Lane, Wellfleet, Assessor's Map #36, Lot #17.1, 2 lots. [Parent returned to the table; Chair O'Connell recused himself, citing his position with the Conservation Trust. Alfred Pickard disclosed that abutters on Parcels H, A, and F of the plan are boating customers.] Lisa Brown chaired the Board for this proposal, presented by Dick Lay, to divide a 2 ½ acre parcel into 2 lots and create a 40' way on the easterly side of Lot G to provide access. The existing road is shell; the plan is to continue this to a cul-de-sac on Lot G-2. To Mark Berry's question of whether the plan would keep the existing shell drive the same, Lay noted that it would need to be brushed out. Alfred Pickard noted that he alone had
visited the site and that before the rest of the Board did so, preliminary stakes should be placed there. It was decided that Board members would visit the site individually; Mr. Lay expressed his willingness to accompany anyone who wished it.
Continuation of Preliminary Subdivision #03-03: Harvey R. Geiger & Joyce G. Spencer, Off Baker Road, Wellfleet, Assessor's Map #29, Lot #s 335 & 335.1, 4 lots. (see minutes of 7-2-03) [Parent recused himself from discussion. Chair O'Connell disclosed that he is a trustee of the Conservation Trust, which has an interest in an abutting lot, but that he would continue to sit on this proposal, citing the Rule of Necessity. In response to O'Connell's question, no one objected.] Dick Lay brought in for the Chair's examination the locus map for the property (which had previously been requested); he then reviewed the information given at the 7-2 meeting: 4 lots with 3 existing dwellings each on a lot and one new lot to be created. The gravel pavement of road is in good condition with a
grade of 13% at 108 feet and 10% before and after; Lay felt it might be overkill to cut the road down and reconstruct it. He added that no waivers for utilities would be requested (they will be underground) and that the dwellings meet or exceed the Board of Health regulations for existing bedrooms. Discussion included the following:
This is a straightforward preliminary subdivision proposal; waivers requested relate to road grade, width, and the cul-de-sac.
The visibility at the steep grade is satisfactory.
The previous issue of the location of utilities has been answered (they will be placed in the road).
An "as built" illustrating the placement of driveways will be part of the definitive plan.
It would be better to leave the road grade as is than to cut it down.
Chair O'Connell moved approval of plan #03-03 as a Preliminary Subdivision; Alfred Pickard seconded; the motion carried, 4-0.
[At this point, the Board agreed to reverse the order of the last two agenda items.]
Minutes of July 16 and July 30, 2003:
7-16-03. Chair O'Connell moved and Alfred Pickard seconded approval of these minutes; the motion carried, 5-0.
7-30-03. Alfred Pickard moved and Lisa Brown seconded approval of these minutes as amended; the motion carried, 4-0-1 (Parent).
Other Business: The Chair noted that that Taute lot was to come back before the ZBA; he stated that he had discussed the legality of the possible issuance of a building permit with the Building Inspector and the Town Administrator. O'Connell read Tim Smith's email response to his questions and stated that he understood that Rick Asmann would document his permit decision process. To O'Connell's comment that Town Counsel had not answered the question of whether rights in the road can be counted toward total acreage of a lot, Gerry Parent suggested that Planning Board write a letter to Counsel to ask this question specifically. He felt that members of Planning Board should have this information, adding that never in his recollection had engineers sent in subdivision plans to Land Court including the
street as part of the lot. Lisa Brown's issue was with setting legal precedent; she noted that no one has any argument with the idea that the Tautes deserve to have a building permit. The Chair requested that Rex Peterson ask Tim Smith's opinion of the Board's drafting a letter to Town Counsel.
Public Hearing: Request of Cellco Partnership d/b/a Verizon Wireless for Special Permit to install and operate a wireless telecommunications facility on the existing monopole tower on Gross Hill Road. (See minutes of June 18, 2003 for Pre-Application Consultation.) This hearing was opened at 8:00 p.m. Verizon's request was presented by Attorneys Earl Duval and Daniel Klasnick (representing Cellco Partnership d/b/a Verizon Wireless) and by Dr. Don Haes, Certified Health and Radiation Specialist. Mr. Duval, in an overview of the project, stated that Verizon proposes to install twelve panel antennas (in three separate arrays of four antennas per sector on the existing 140' monopole at a height of 130') and one 10' by 20' equipment shelter, cables, cable tray and associated
elements as shown in the plans included in the application. He noted his belief that the proposal satisfied all specifications for establishing the facility. Duval pointed out that in addition to submitting the completed application, maps, and diagrams, he had sent the Board copies of the Cape Cod Commission's granting (6-16-03) of a Minor Modification request to allow the installation of a 12-panel antenna array and the NSTAR letter (7-24-03) regarding CommElectric's responsibility for the bond for on-site restoration. Mr. Klasnick gave a power point presentation supporting the proposal, also submitting a hard copy of this information for the file. At the conclusion of this presentation, Chair O'Connell complimented the presenters on the application package and invited comment from the Board and the Public.
Mrs. Laura Dijs, a homeowner on Gross Hill Lane, appeared before the Board to make two requests: she stated that the Board should not approve the Special Permit without considering the possibility of having Verizon provide some sort of camouflage for the cell tower and that she was greatly concerned about the radio frequency emissions coming off the pole, not only from the projected Verizon arrays but from the accumulation of all arrays, noting that she felt it might be a danger to the health of her family.
Chair O'Connell read into the record a letter from Christopher and Karren Perez, also residents of Gross Hill Lane; this letter expressed concerns which included the impact of the tower on the character of the neighborhood, a request for a report of the cumulative impact of all antenna arrays, and the possibility of the use of camouflage "in order to satisfy the objections of the neighboring homeowners."
The Chair noted that "Exhibit 11" of the Application for Special Permit for Wireless Communication Facility filed by Verizon contained a Radio-Frequency [RF}Evaluation Report prepared by Radiation Specialist Dr. Donald L. Haes, Jr.. Dr. Haes explained, in response to Mark Berry's question, that this report referred to all transmitting antennas of Verizon and was not cumulative for all co-locators on the pole. He added that he had prepared an additional cumulative study, which he then distributed and explained.
Mrs. Dijs then asked the Board to address her request for camouflage of the tower. The Chair noted that the Board had considered this request at earlier hearings, that the tower was a pre-existing structure to which Verizon wished to attach arrays, and that the plantings required by the Cape Cod Commission (a form of camouflage) were there already. Mrs. Dijs replied that the appearance of the tower was already an eyesore and that as more arrays were added, it would become uglier, especially when the leaves were off the trees in the fall and winter. Further discussion of this topic followed, including the difficulty of constructing camouflage once a tower was in place and of determining a camouflage appropriate to the area.
There being no more discussion from public or Board, Lisa Brown moved and Alfred Pickard seconded closing the public hearing portion of the meeting; motion carried, 5-0.
The Board turned to Section 6.18 of the Wellfleet Zoning ByLaw, "Communication Stuctures, Buildings and Appurtenances," reviewing each item in the bylaw to determine that it had been satisfied by the Verizon application. Results of this deliberation follow.
6.18.1. Purpose. This paragraph was ruled not applicable. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2. Requirements. Finding was that the Public Hearing had been held in accordance with the bylaw, therefore satisfying the requirement. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.1. No communication structure . . .shall be installed within Wellfleet Harbor Area of Critical Environmental Concern. Finding was that the tower and arrays are not in the ACEC, therefore satisfying the bylaw. Moved by Brown, seconded by Pickard, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.2. Setbacks. Finding by the Chair was that this was not an issue since the height and setbacks were part of a pre-existing structure; therefore, 6.18.2.2 was not applicable.
6.18.2.3. Parking. Finding was that, since the facility will be unoccupied, the 5 existing parking spaces adequately satisfy the bylaw. Moved by Pickard, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.4. Safety. Finding was that Verizon represents that it will operate in compliance with licensing rules of the FCC, thereby satisfying the bylaw. Moved by Brown, seconded by Pickard, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.5. Removal. Finding was that Board has received a communication concerning Commonwealth Electric Company d/b/a NSTAR's agreement to post a $50,000 site restoration bond and that Verizon will post a $25,000 bond for restoration of the antennae; therefore, the bylaw requirement has been met. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.6. Fencing. Finding was that pre-existing fencing (a part of the Cape Cod Commission DRI requirements) satisfies the bylaw's purpose of control of access. Moved by Brown, seconded by O'Connell, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.7. Lighting. Finding was that the Verizon proposal for lighting the equipment shelter (page 10 of permit application), when mounted, would satisfy the bylaw requirement. Moved by Parent, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.8. Signs. Finding was that Verizon's compliance with Wellfleet's signage requirements satisfies the bylaw. Moved by Brown, seconded by Parent, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.9. Visual. O'Connell stated the finding that the surrounding buildings had been sited for minimum visual impact and that, in compliance with the Cape Cod Commission's landscaping and fencing directives, as much as could be done had been accomplished with materials now available. The Chair moved that the applicants have to the best of their ability designed the site to minimize visual impact without camouflage at present time; Brown seconded; the motion passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.10. Regional Criteria. Finding was that since the Cape Cod Commission has already approved the project, the bylaw is satisfied. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.11. Environmental. [This section deals with (1) Hazardous Waste, (2) Storm Water Run-Off, and (3) Noise.] Finding was that Verizon has complied with, and represents that it will comply with, all regulations, including performance of a noise study for the pre-application consultation, therefore satisfying the bylaw. Moved by O'Connell, seconded by Pickard, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.12. Siting Standards. Finding was that the communications tower is a pre-existing structure and, therefore, the requirements of the bylaw have been met. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.13. Pre-application Consultation. Finding was that that the pre-application consultation of June 18, 2003 satisfied the requirements of the bylaw. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.14. Application Submittal Requirements. Finding was that the Application for Special Permit for Wireless Communication Facility submitted by Duval, Bellone, Cranford & Celli, P. C. for Cellco Partnership d/b/a Verizon Wireless satisfied the requirements of the bylaw. Moved by O'Connell, seconded by Parent, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.15. Application for siting . . . on a Pre-existing Structure.
Draft Contract. Finding was that the copy of the notice of lease in Exhibit 2 of the application satisfied this section of the bylaw. Moved by O'Connell, seconded by Berry, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
Description of Facility. Finding was that the proposed Verizon facility had been adequately described in the application and accompanying documents, therefore satisfying the bylaw. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye). A further finding was that the bylaw requirement for a description of the entire facility, a pre-existing structure, could be waived. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
Site Plan. Finding was that the site plan of the facility, with a scale of 1" = 30', was adequate to satisfy the requirements of the bylaw. Moved by Brown, seconded by Pickard, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
Landscape Plan. Finding was that the landscape plan composed part of the Cape Cod Commission's Development of Regional Impact for the project and satisfied the bylaw requirement. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.16. Finding was that this section of the bylaw (all other applications other than those set forth in 6.18.2.15) was not relevant. Moved by Brown, seconded by O'Connell, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.17. Referral of applications to other boards and agencies. Finding by the Chair was that the Planning Board did not feel it necessary to refer the plan to other boards and agencies because said plan is in compliance with the Cape Cod Commission's DRI for the Gross Hill communications tower and therefore satisfies the bylaw. Moved by O'Connell, seconded by Brown, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
6.18.2.18. Completeness. The Chair, after the Board's examination of the Verizon application and supporting materials had been completed, deemed that the application complies with all the requirements of the bylaw and so moved. Seconded by Pickard, passed 5-0 (O'Connell, Brown, Parent, Berry, Pickard said aye).
Lisa Brown moved and Alfred Pickard seconded that the Planning Board grant Cellco Partnership d/b/a Verizon Wireless a special permit for installation of 12 antennas in three separate arrays of four antennas per sector on the existing Gross Hill communications tower as well as one 10' by 20' equipment shelter, cables, cable tray and associated elements as shown on plans submitted with the application. The motion carried, 5-0.
Alfred Pickard moved and Mark Berry seconded that the meeting be adjourned. The meeting ended at 9:15 p.m.
Respectfully submitted,
_________________________________ _____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary
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