MINUTES OF THE PLANNING BOARD CONTINUED PUBLIC HEARING
METRO/PCS APPLICATION FOR SPECIAL PERMIT AND SITE PLAN REVIEW
JUNE 11, 2008
MEMBERS PRESENT: Chairperson Patricia Halpin, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: John Baker
OTHERS PRESENT: Karla Hanna, Francis Parisi, Kyle MacCallum, John Wilson, John Permentier, Gary Belanger, Christian Koppetch, Robert Johnson, Stanley Johnson
Ms. Halpin opened the continued public hearing at 7:03 p.m. Attorney Francis Parisi addressed the Board on behalf of his client, Metro/PCS. He stated that the access road is the only remaining issue and he agreed that there is a problem with runoff. Crown Castle has hired an engineer and surveyor to prepare a plan to change the flow to the side of the road. The engineer will appear before the next meeting of the Water Commission to present his findings.
Attorney Parisi stated that Metro/PCS wishes to close the public hearing tonight and receive the Special Permit, with conditions. This will give Metro/PCS enough lead- time to prepare the necessary internal documents that will need to be submitted to the Building Inspector. He noted that no rent is currently being paid and won’t be paid to the Water Department until construction commences. He noted that Metro is building 600 sites across the state that will provide low-cost communication service.
Ms. Paré responded that the granting of a Special Permit is tied to site plan review. There are two other applicants who are stuck at the same point as Metro/PCS. It is hard to see, she stated, how the Board can grant another Special Permit when no site work has been done. Attorney Parisi stated that Metro/PCS has more leverage with Crown Castle due to the large number of sites in the state, and there has been more progress made in the last few months. Ms. Paré stated that it is difficult to conduct a site plan review without any progress. She noted that the Board has been receiving on-going complaints from neighbors of the site. Attorney Parisi noted that the Telecommunications Act grants the applicant certain rights and zoning boards cannot discriminate or refuse to allow the
construction of a tower, even on public land. He noted that the courts have been very
Minutes of the Continued Public Hearing 2.
June 11, 2008 – Metro/PCS
generous. Mr. Vignaly replied that this Act does allow a zoning board to deny a permit due to access and public safety issues.
Mr. MacCullum stated that he hopes to have results from the surveyor to take to the Water District Commission meeting on June 23rd. Mr. Vignaly reminded Mr. MacCullum to keep the Planning Board’s engineer “in the loop” as the Board will depend upon him to review the plan. Mr. John Wilson, Chair of the Water District Commission, stated that Lawrence Street was not rebuilt during sewer construction so there are continuing issues with the road. The Water Commissioners want written permission from the DCR to divert runoff onto DCR property before they will agree to any road design. Ms. Halpin queried whether the Water Department would be doing the actual construction if Crown Castle comes up with the plan. Mr. MacCullum stated that Crown Castle’s cost estimate for the plan is
$30,000 and added that finance issues can be worked out. Mr. Wilson stated that a public hearing will be necessary for the Water Commission as this driveway rehabilitation will require spending more than $30,000.
Ms. Halpin queried how long this interchange would last. Mr. Wilson stated that the Water District has received no comments from the town or the DCR and Ms. Halpin stated that the Planning Board and DCR need a plan to comment upon. Ms. Paré stated that it would be a good idea to touch base with the Town Administrator as well as the DPW to alert them to the proposed activities on the street as the reconstruction of certain basins and portions of the street will need to be addressed. Ms. Halpin agreed to contact Mr. Gaumond and Mr. Westerling tomorrow as well as Mr. Scannell from the DCR to tell them that a plan will be received by July 9th. Mr. Vignaly stated that continuing the public hearing until July 9th will give VHB enough time to look over the plan and if VHB
agrees to the plan, Mr. Vignaly will vote to close the public hearing in July. Mr. Parisi inquired at what point Metro/PCS gets to build and noted that their rent money could be used to fix the problem. Ms. Paré noted that the Planning Board was told more than a year ago that there would be a “plan” generated between the Water District and Crown Castle to fix the road. The Board would be waiving their responsibilities to conduct site plan review and be responsive to the neighbors if they approved a Special Permit under these conditions. Ms. Halpin noted that these are conditions of access and safety and must be addressed in the plan and presented June 23rd to the Water District. Mr. Wilson noted that their contractor will be “ready to go” when the plan is presented and approved.
Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to continue the public hearing until July 9, 2008 at 7:00 p.m.
Date Accepted:___________ By:____________________________
Karen Paré, Clerk
Submitted By:______________________
Susan Abramson
| 
