Zoning Board of Appeals — Meeting
Minutes — August 21, 2008
Selectmen's Office
A duly posted meeting of the Zoning Board of Appeals was held at the
Selectmen's Meeting Room, 51 Bridge Street, Shelburne for the purpose
of a pre-application meeting under Chapter 16 of the Zoning Bylaws.
Present: Joseph Palmeri, John Taylor, Lowell Laporte. Ted Merrill
Absent: Laurie MacLeod, Catherine Smith, William Sweeney
Visitors: Donald Cody, Wendy Regan, Angus Dun III
This meeting was called to order at 7:15PM by Chairman Joseph Palmeri.
Palmeri welcomed those present and reviewed the purpose of the meeting
as a pre-hearing conference, at the request of Industrial Tower and Communications
LLC (aka ITW), to discuss a proposed change to their wireless communication
facility off Tower Road in Shelburne. The meeting is required of any
likely applicant per Section 16.3.3 of the Zoning Bylaws. No formal application
has been submitted at this time.
Regan reviewed with the Board ITW's desire to replace its 100' lattice
guyed tower with a 150' self-supporting tower in order to meet the need
of Northeast Utilities (NU) to add a microwave "hop". Northeast
Utilities will be a co-applicant with ITS who is the FCC license-holder.
NU needs to connect a microwave link to a tower in Plainfield in order
to improve radio communications with its field technicians according
to Regan. Cody explained that no existing towers in the area can accomplish
the necessary link, specfically siting the 180' SBA Tower on Cooper Lane
and towers in the CMRSOD.
Cody and Regan provided the following answers to the Board's questions:
The tower is not "speculative" for cell phone companies but
for an identified need for commercial radio. The tower will be a multi-use
tower including other radio and cellular uses. The existing tower has
one cell phone carrier, and the new tower will allow for one or more
additional carriers to locate there. NU has an existing radio on that
site and they will be asked to provide more information on why the new
radio equipment is needed. There were additional questions on why this
tower needs to be raised rather than Plainfield, which will need to be
addressed. A high-speed internet connection between the sites would not
be a reliable alternative according to Cody. The applicant will provide
more detail on the tree line but agrees that the tree line is less than
100 feet, therefore ITW anticipates they will need a variance or waiver
of the height. They prefer a lattice tower rather than a monipole. The
size of the microwave dishes is not known at this point. The existing
tower was built approximately 1967 and ITW feels it would be a wise time
to update. The Board requested that applicant bring to their hearing
more information on tower drawings, elevations, photos, and impact statements.
Some photos were provided of the existing conditions. There will be no
new shelters as part of this project. The base of the new tower will
be situated at approximately 1492' ASL. ITW will make the tower available
to public safety agencies in Shelburne within reason according to Cody,
and at no cost. He stated that there has been discussion with the Massachsetts
State Police who also need tower space in the area relative to their
dispatch center in Shelburne and local MSP officers on patrol. Cody inquired
about an exemption for public safety towers as per Section 16.6(D) but
the Board did not make any ruling on what constitutes a public safety
tower.
Palmeri reviewed a variety of information from sections 16.3, 16.5 and
16.6 for the applicants. The applicants were advised of the need for
an escrow account for legal and consulting fees for the Town Boards.
The applicant agreed that a "balloon test" as per Section 16.5(A)2
although the tower will not be "new" but a replacement. The
test will be conducted on 9/20 from 10am-2pm (with 9/27 as a rain date).
It is the responsibility of the applicant to provide and pay for legal
notice of the test in the Greenfield Recorder as per the bylaw. The Board
may also publicize the test. The Board and applicant discussed appropriate
locations for photos to be taken of the balloon test and the list included:
Rt 2 at the Buckland-Shelburne town line, Main Street at Church St, Bridge
Street at Mechanic St, Tower Rd at Square Lot Rd with additonal locations
added at the time of the balloon test if appropriate.
The Clerk will mail a letter summarizing the Board's questions to ITW.
ITW must submit an application to begin the process. They expressed an
interest in having the matter addressed in October 2008 and said that
the majority of the application information is already complete.
Taylor moved to adjourn, Laporte seconded and it was voted unanimously
at 9:45PM.
Respectfully submitted,
John E. Taylor
Clerk |
