Loading...
HomeMy WebLinkAbout2017-12-20 Zoning Board of Appeals Minutes (2) MEETING MINUTES TOWN OF NORTH ANDOVER 1, Board/Committee Name: ZONING BOARD OF APPEALS Date: December 20,2017 'T'iuile of Meeting: 7:00 PM Locution: Town Hall, 1.20 Main Street Signature Valerie Cinseruli 1 Town Clerk Tate Stamp AGENDA Call to Order called. at 7:15 Present: Ellen McIntyre, Allan Cuscia, .Doug Ludgin, D. Paul loch, Nathaniel Weinreich, Donn Faigen, Alexandria Jacobs Recused: Albert Manzi, 111 Staff Present: Valerie Cinseruli Gavel given to Ellen.McIntyre Pledge of Allegiance i Minutes Approval Motion: The November 14, 2017 minutes were approved and reflected to show that Allan Cuscia asked the residents how many cell phones each resident owned. Allan Cuscia made a motion to accept the minutes with a revision dates December 12, 2017. Paul D. J Koch seconded the motion. All in favor. Ellen McIntyre has given Brian Grossman 15 minutes to present material to the Zoning Board. 1. 122 Foster Street The Petitioner is requesting 5 Variances in accordance with Sections of the Zoning bylaw to construct a 130'Monopole in an R-1 Zoning District: 8.9.3.c.v(l)(Setbacks) Actual Right Side 135 feet,required 600 feet, Variance of 465 feet • 8.9.3.c.v(1)(Setbacks)Front 173 feet, required 600 feet,Variance of 427 feet. 0 8.9.3.c.v(1)(Fall ,Zone)required is 600 feet actual is 270 feet Variance of 330 feet r + 8.9.3.c(i)(Height General) Proposed 135 feet, allowed 45 feet, Variance required 90 feet 8.9.3.c(ii)(Height Ground Mounted Facilities) Proposed 135 feet, allowed 45 feet, Variance required 90 feet. a At the table to speak its Attorney Brian Grossman and Attorney Chris Swviniarski representing Verizon Wireless. Since the last meeting,another site wank and balloon test was performed from residents that blade specific requests from their home. It was performed on November 18, 2017.There has been no revision to the overall project. The proposed tower is still at 115 feet. They have added dual layers of landscape Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please beep in mind the"town Cleric's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note, (Natters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER i l near the street and the compound to screen the compound. Over 40 photographs from different I locations were taken showing the visibility of the tower from their home. The results showed a much y Lower visibility with the reduction in height of the cell tower. The tower location did not change but the i height difference but relieves the amount of variances needed.Varsity Wireless feels as though they I have explored all locations on the property and there is not a location that full relief is needed. Mr. Kelleher from Varsity Wireless states the location is best because of the natural tree line that covers it. The tower is designed to building code and for public safety. There is a buckling system in place in case of an emergency. It would! reduce stress on the pale if for some reason it falls. It will buckle and still fall within the property structure. It will not bounce and damage surrounding homes. David Maxson's report has been received and Brian Grossman will comment after his presentation. Allan Cuscia asks if the 115' pole can be reduced any further. Is this a minimum height requirement? Brian Grossman responds that the minimum is 97' but both Verizon and AT&T cannot both locate at that height so one needs to be above the other making the pole 115'. Allan Cuscia asks at 135' there were a number of smaller carriers on the pole. Is there still enough space for those carriers? Brian Grossman The site still provides for multiple carriers.Structurally we have space for 4 carriers. David Maxson from Isotrope with over two decades of experience in the wireless industry is at the podium He has completed a third party review for the Zoning Board at the applicant's expense. He also submitted a report that was completed for the Planning Board. j His role is to help you determine what you need under standard state law and under the Telecommunications Act of 1996. A report was also submitted to the Zoning Board which was specific to the variances requested along with a flowchart. Reference Review of Varsity Wireless Application for Variances for 122 Foster Street Wireless Facility, Coverage Assessment of Alternatives to Proposed 122 Foster St.Tower and (National Grid Letter Response. There is evidence from both carriers (AT&T and Verizon) that shows sub- standard coverage. The board needs to decide if that is enough evidence to determine lack of coverage. Various locations were looked at but all property needed setback and variance relief. The one possible property on Foster Street is no longer an option. Ellen McIntyre asks if there is a potential that this tower could fall and buckle in the middle. Will it damage property on the site? Notices and agendas are to be posted 48 hours in advance of the meeting g3SIudiny Saturdays,Sundays and legal holidays. Please keep in mind the Torun Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. j 1 i MEETING MINUTES TOWN OF NORTH ANDOVER r David Maxson responds that towers are designed to buckle. If the failure of the cell tower is at the foundation of the tower, then it will not buckle. It will fall from the base and topple over. They do not jump or bounce. As long as there is a clearance of 1 x radius. It withstands weather that our homes would not. To what degree does the board want to question the owner of the property? Is it up to the town to try and protect him? i Alexandria Jacobs asks about the alternate parcel and if that is property owned by the applicant. David Maxson responds that it is wetlands and not homeowner property. Brian Grossman discusses the option of 242 Foster Street but it would not change the relief of variances needed. It the tower were to be moved more directly behind the home,it would be more visible to Bridges and Vest Way. More tree clearance would be needed for road access. The height would need to be increased due to the wetlands. We feel as though we have researched extensively and there is no other alternative on this property to put the tower. Paul D. Koch asks if other alternatives have been discussed. David Maxson responds with towers are now an extension from RAS models. This kind of technology will not provide the coverage that is needed. It would be very difficult for all carriers to share a single antenna pole. You would need to multiply the number of poles needed in neighborhoods. It is not a practical ` solution and not effective. Ellen McIntyre submits email from Pam Rivet on 12-17-2017 to record and a letter from Attorney Caffrey. Lisa Roberts (abutter) Would like to see the small nodes discussed further as an alternative to the cell tower. She would rather see small poles placed on the street. Once people enter their homes they are using WIFI and would not need the cell nodes. In the bylaw it states that the town needs to utilize existing structures for more wireless services. 'Why not use the cell tower that is currently on Johnson Street? This cell tower is not l helping the homes on Christian Way and Winter Street that need coverage the most. She urges the board to vote no. Tom Baird 75 Foster Street He submits photos to the board for the record. First photo shows the tower when coming around the blind corner on Foster Street and the oak leaves have not fully fallen. Notices and agendas are to be posted 48 hours in advance of the meeting exeludingratnrdays,Sundays and legal holidays. Please keep in mind the Torun Cleric's hours of operation and make necessary arrangements to be sure your posting is grade in an adequate amount of f time. A.listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note. Matters may be called out of order and not as they appear in the agenda. I MEETING MINUTES TOWN OF NORTH ANDOVER 1 Second photo shows the base of the tower and how close it is to the property line. He now owns 2 cell phones and his coverage is good. He urges the board not to set a precedent by approving this cell tower. Please maintain the special character of North Andover. Pam Rivet 67 Foster Street References the email sent to the ZBA on 12-17-20117. She is very curious from the analysis from Isotrope regarding small cells. She discusses with the board why it would not be feasible and more practical to dig some trenches and add some utility poles. Why go to all the trouble of writing the bylaws and grant these variances. Property values will suffer and it is not fair to the homeowners. If this cell tower gets passed, this will happen again. David Maxson responds with it is not enough because Congress opened up competition in 1996 with providing the best coverage where users are. It does not matter what resources are in people's homes. The Johnson Street tower is too far away to provide coverage to Foster Street area. Height is not an advantage anymore. The 115 foot proposed tower is a big change from 20 years ago. Paul D. Koch is having the DAS System and WIFI suitable coverage? David Maxson it is not suitable coverage if not provided by the wireless carrier. Wireless carriers are trying to get closer to the homes and they have the right to do so. Ellen McIntyre how much area will this cell tower provide? i David Maxson%-1 mile coverage or roughly 17007 people based on a census tool. Doug Ludgin please speak to the streets not receiving full coverage. David Maxson There will be areas that are still white but they are very close to the coverage. It could be enough to provide the coverage that is needed. i Brian Grossman agrees with David Maxson regarding small cells in areas. It is not an appropriate alternative to providing coverage due to a case law. Ellen McIntyre would like to review the variances. legal Notice is different than what is being requested. Brian Grossman consolidated some of the variances to make it more compact. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Tease keep in mind the Town Cleries hours of operation and Quake necessary arrangements to be sure your pasting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note. Matters May be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER i j Paul D. Koch discusses the height has been reduced and it would be beneficial to go over the variances. Reading legal notice and discussing each variance with Attorney Grossman. Vegetation variance is one in question. BrianGrossman feels like they are in compliance with the vegetation of the property but still would like to keep the variance in there. It is up to the board to determine the part of the bylaw and how it is interpreted. i Paul D. Koch asks the question regarding camouflage. David Maxson said the buffer zone needs to be 50-75 percent of the height of the tower in depth. The tree growth between house and tower is up to the board to determine is that is sufficient. If you feel it is dense enough then there is no need for a variance. Paul D. Koch When at the site visit,they discussed placing 2 rows of arbor vitae around the compound. Discussing moving the tower to the lowland where the sheep are. That would) reduce the highlights of the tower and the compound. It would be further away from the property line but you may make it more visible to other properties. He feels as though it is a lower impact but there would be no benefit of the trees between the site and the street. Would like to explore this option further and have it on record and get it to a determination. Steve Kelleher Varsity Wireless responds there are 2 issues with moving the tower to the lower lot. If it. is moved it wouild require a tower with a height of approximately 160 feet. Residents from 67 and 75 Foster Street would have a full view of the tower and no vertical vegetation buffer. It would be more costly because of the ledge that is currently there. Residents on Fuller Road would have more of an impact as well, David Maxson agrees with Steve's concerns but feels as though he has not proven them. If that is a compelling alternative it could be looked at more closely but the risks are there. Steven Kelleher has spent a tremendous amount of time in the area and has explored all possible opportunities. It would be creating more of an impact to other people's homes rather than the visibility of seeing it when driving by. Ellen McIntyre asks the board if they would like to hear any additional information before closing the meeting. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting ae to be listed on the agenda. Notes Matters r may be called out of order and not as they appear in the agenda. I MEETING MINUTES TOWN OF NORTH ANDOVER s f Alexandria Jacobs when attending the site visit, she asked if the tower could be placed behind the compound which is further downhill. Doug Ludgin stated there would be a greater differentiation of the tree height I 1 Paul D. Koch what if the compound stayed where it currently is but moved the tower behind it? j I Steve Kelleher there would be more visual impacts and closer to the wetlands which would need more variances. Ellen McIntyre asked Steve Kelleher if they have looked all the possible sites and this is the site they want. Steve Kelleher responds I am not here to suggest alternative sites. We have explored all possibilities thoroughly and feel as though this is the best spot for the tower. We have done 2 balloon tests and the board has enough information. Paul D. Koch wants more of a discussion as to why it cannot be moved 25 feet. I Allan Cuscia states if there was an easier way for Varsity Wireless to do this, I am sure they would find it. We hired someone to do a peer review (David Max'son, Isotrope) and has agreed with Varsity Wireless that this is the best site for the cell tower. Paul D. Koch feels compelled to hear the young gentleman in the audience. Allan Cuscia the first woman who stood up to speak should go first. Kim Jones 643 S. Bradford Street There is a vague definition of what adequate coverage is and feels there is no real definition. It is up to the board to determine it. There are 80 families that have come forward to tell you there is adequate coverage and a cell tower is not needed. i i Max Lindauer 160 Foster Street If you go to Verizon website and look at the coverage map, there are no white spots showing lack of coverage in the area. False marketing. Attorney Andrew Caffrey(representing Elaine Finbury&Kenneth Lindauer Trying to cram commercial property into a residential area. It would be much less invasive if the tower were more setback. It is not a hardship but self-induced by Varsity Wireless. It violates the bylaw and Notices and agendas are to be pasted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in 9, in an adequate amount of arrangements to he sure your posting is made and rualcc necessary arra rl mind the Town Clerk's s hours of operation a Y g Y p g time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER 1 t 1 there is enough information to turn down the request and have Varsity wireless come up with other site alternatives.. I Ellen McIntyre addresses the audience and understands their concerns. Paul D. Koch made a motion to close public comment. Allan Cuscia seconded the motion All in favor I Ellen McIntyre starts deliberation and discussion of the board. Board discussed merits of'the application Paul D. Koch all evidence heard on October 10, 2017, November 14, 2017 and December 20, 2017. He made a motion to approve the petition. Allan Cuscia seconded the motion. Doug Ludgin Yes Allan Cuscia Yes Ellen Mclnyre No Paul D. Koch Yes Alexandria Jacobs Yes Meeting adjourned I i 1 Notices and agendas are to be posted 48 hours in advance of the meeting gXLIudine Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may he called out of order and not as they appear In the agenda.