HomeMy WebLinkAboutZBA 12/20/2022Zoning Board of Appeals Minutes RECEIVED
December 20, 2022
j OW N CLERKS OFFICE
Meeting Held in Person in Meeting Room 3A/B and
7023 APR 19 A 8* 31
Virtually Using GoToWebinarPlatform h A;NSFIELD
K% Wlii1SETTS
Present: Darlene Pruitt, Acting Chair; Matthew List, Associate; Ryan Maxwell, Associate; Eric
Correira; Matthew Cummings
Nadine DePillo, Administrative Secretary
Absent: None
>r,.i► Bn�rdf x el Mesta g pad eiit (lel vl�t
Application of Bay Communications III, LLC and T-Mobile Northeast LLC for a Variance from
Zoning Bylaws Section 230-3.6(G)(4)(a) requested setback less than the required distance equal
to height of tower; Section 230-3.6(G)(4)(b) requested height of structure higher than allowed
without additional colocations; Section 230-3.6(G)(4)(g) allowing a setback of less than 500 feet
from a residential structure at 300 Branch Street; (Assessor's Map/Parcel 32/9) in the Residential
1 (RI) Zone.
Darlene Pruitt, Acting Chair read public notice into record. Ms. Pruitt appointed Matthew
Cummings as acting Clerk; Ryan Maxwell and Matthew List as voting members.
Applicants' Attorney Michael Dolan from Brown Rudnick, LLP and co -applicant, Mr. Vincent
Granese of Bay Communications III and T-Mobile Northeast LLC were present. Attorney Dolan
stated that his client is seeking relief from the above referenced variances for the property of 300
Branch Street to construct a monopole -style tower, to a height of 120 feet above ground level
("AGL") The monopole will be 80 feet from plan side lot line.
Attorney Dolan stated that the monopole -style telecommunications antenna tower will be
camouflaged as a tree with faux branches. The monopole will not be visible from nearly all
vantage points and from the limited few locations that it will be able to be seen, it will be
predominantly far off in the distance low to the horizon and obscured by trees canopies.
Attorney Dolan explained that the facility will be enclosed with a 50x5O foot chain link fence
and will be accessed via the existing paved parking lot area which will connect to the by an
added 12-foot-wide gravel driveway.
Attorney Dolan expressed that Bay Communications III, LLC and T-Mobile Northeast, per the
plans submitted in order to fill the gap in network coverage, T-Mobile Northeast LLC is
proposing to install above ground level ("AGL"), six (6) T-Mobile panel antennas at 114-foot
AGL centerline height together with installing ground equipment including remote radio heads
and an emergency powered generator.
Attorney Dolan referenced that the monopole can hold antennas of three other wireless carriers
in addition to T-Mobile's equipment he further stated that the site is well suited for a wireless
communications facility and that the Site satisfies the intent and purposes of the Mansfield
Bylaw and meets with all applicable requirements of the Bylaw to the extent possible.
Attorney Dolan stated that the monopole is proposed to be set back more than the required 500
feet from the nearest residence but is within 500 feet (415) of an uninhabited shed on a nearby
residential lot. Attorney Dolan explained that the proposed location is nearly entirely screened
by existing vegetative growth so that potential visual impacts are minimized and the aesthetic
qualities of the Town of Mansfield are preserved.
Attorney Dolan further expressed that the facility will not be detrimental to the public good or
contrary to the public interest and welfare. He stated that the facility will not adversely impact
adjacent properties and neighborhoods as the facility will not produce smoke, odors, waste, glare
or significant amounts of traffic and that on average only one round trip visit per month is
required to service and maintain the monopole facility.
The facility will aid in public safety by providing and improving wireless communications
services to the residents, businesses, commuters, and emergency personnel utilizing wireless
communications in the immediate vicinity and along the nearby roads.
Attorney Dolan noted that the Mansfield Fire and Police departments had discussions with Bay
Communications III, LLC about locating antennas on the proposed monopole due to holes in
emergency services coverage. The facility will greatly improve emergency communications for
police and fire personnel by reducing the number and frequency of dropped and incomplete calls
due to weak signals.
Attorney Dolan commented that on August 10, 2022 the Planning Board Granted a Special
Permit regarding the application of Bay Communication III, LLC and T-Mobile Northeast for
approval to construct a monopole -style tower to a height of 120-feet above ground level which is
the minimum height necessary to T-Mobile to provide adequate coverage to this portion of the
network.
Attorney Dolan explained that T-Mobile's hardship and request for variance is owing to the
shape and topography of the land and its location within T-Mobile's wireless communications
services network, as well as the location of existing wetlands and riverfront buffers on the site.
Mr. List asked that if the tree line is up to 70 feet and to tower were limited to only 80 feet, then
would the gap in coverage be fulfilled. Mr. List also asked whether the height requirement for
T-Mobile is need for the function of the radio frequency to work better. Attorney Dolan respond
that T-Mobile needs a height of 120 feet for adequate signal coverage. He further stated that the
type of network will determine the other carriers' height below T-Mobile and how far their
signals are broadcasting.
ZBA Drafted Meeting Minutes — December 20, 2022 Page 2 of 8
i
i
I
Mr. List noted that the intent of Section 230-3.6(G)(4)(b) is to encourage collocations. He asked i
whether the applicant would agree to negotiate in good faith with any other company seeking to
collocate on the tower if the variance is approved.
Attorney Dolan confirmed that the Planning Board granted the Special Permit for gap in
coverage as submitted in that application. He also explained the industry standard is separation
of ten feet between carriers' antennas.
Mr. Granese explained that the ten feet of separation is required for every carrier because it
eliminates interference between the carriers' signals. T-Mobile's antenna would be centered at
114 feet and would not exceed 120 feet because the antennas themselves are at eight feet which
allows them four feet above and four feet below which would not exceed the 120-foot height of
the tower, leaving room for the extra branches and camouflage.
Ms. Pruitt had concerns that if the Town of Mansfield was interested in having space on the
monopole along with the additional height of ten feet what the impact would be, if any, to other
carriers on the monopole. Ms. Pruitt asked if the tower will be camouflaged and asked if the
applicants of the site will be secured by fencing and a monitoring system.
Mr. Granese replied that Bay Communications will install a six-foot fence with barb wire around
the top of the fence. Mr. Granese explained that the Planning Board did not propose Bay
Communications to put in a monitoring system for security, but would accept the monitoring
system as a condition if required. Mr. Granese explained that Bay Communications has an
operation center that monitors and detects if the network fails or power fails. Mr. Granese said
that currently there is no security system planned for the site but that T-Mobile will consider the
proposal. Mr. Granese stated that the consultants for the Police and Fire safety networks have
been in touch with Bay Communications regarding accommodations for a tower antenna.
Attorney Dolan explained that the monopole "tree -like" branches will not alter any signals or
produce an adverse effect. Attorney Dolan explained that one of the abutters to the property had
concerns about the density of the branches and Bay Communications worked with a design
company that was able to create a tree with the density of three branches per foot, painted brown,
to create a blending effect in the area of where the tower will be built.'
Mr. Maxwell asked what is the terminology for the gap in coverage that is being used, the
justification for the variances and who determines what is a gap in coverage, is it a T-Mobile
term or and industry term. Mr. Maxwell asked about the signal strength of the tower,
Attorney Dolan responded to Mr. Maxwell's comment in reference to the gap in coverage that it
is an industry term and under the 1996 Telecommunications Act supporting case law.
Mr. Granese responded to Mr. List by referencing a map of the proposed site illustrating the
coverage areas of the different carriers and where the gaps is coverage are located.
Mr. Correira had questioned the variance for the 80-foot setback that Bay Communications is
seeking for T-Mobile and whether the Town is seeking a variance from itself as the land owner
for the proposed site. Mr. Correira had concerns regarding access to the property behind the
adult day care center.
ZBA Drafted Meeting Minutes — December 20, 2022 Page 3 of 8
Mr. Granese responded that a road will be built on the Northeast corner of the parking lot behind
the Adult Day Care Center.
Attorney Dolan confirmed that the Town of Mansfield is seeking a variance from itself as it is
the land owner for the proposed site. Attorney Dolan explained that Bay Communication's
landlord is Quasi -Governmental Agency and the Town directed Bay Communications to the
proposed location which has a swath of wetlands throughout and dense woods which would
never be built on. Attorney Dolan stated that the current property is in a Conservation
Trust. Attorney Dolan explained that the proposed monopole could not be moved further back
on the property due to the wetlands in that area.
Attorney Dolan expressed that the Zoning Board Bylaws allows up to 150 feet set -back and the
applicant is only seeking a variance for the requested 120 feet. Attorney Dolan further stated the
antennas cannot be wrapped because of the signals that needs to be broadcasted. Attorney Dolan
stated that the antennae's can be painted brown and camouflaged to blend in with the other trees
in the area.
Mr. Granese stated that they are in continued contact with the Conservation Commission
regarding the wetlands and potential trails.
Board Comments:
Mr. List inquired as to how the 500-foot radius was measured to the nearest resident and if it was
based on aerial satellite photos. Attorney Dolan responded that the radius was measured from
using satellite imagery, and the distance from the proposed monopole and to the nearest house is
further away than the 500-foot Bylaw requirement.
Mr. Granese stated that continued communication with Conservation Commission approval will
be reviewed for trails and wetlands.
Public Comment:
Mr. Robert Mattice who resides at 288 Branch Street had some concerns regarding the variance
process and concerns regarding usage of his shed with the proposed monopole directly 80 feet
from the shed as being too close. Mr. Mattice stated that according to Bay Communications
application, relief requested indicates that the monopole could reach as high as 150 feet and if
this application is approved Mr. Mattice would like the Zoning Board to add an addendum that
the proposed monopole cannot be any higher than 150 feet. He was also concerned that as a
direct abutter, the proposed monopole would obstruct his view in difference months of the year
when there is no tree foliage,
Attorney Dolan responded that the proposed monopole will not infringe on anyone's property for
usage of their sheds or other uses on their property. Attorney Dolan further explained that
the Zoning Bylaws to allow a height of up to 150 feet and the applicant is only seeking a
variance for 120 feet. Attorney Dolan further stated the antennas cannot be wrapped because
that would restrict the signals that needs to be broadcasted. The antennae's can be painted brown
and camouflaged to blend in with the trees in the area.
ZBA Drafted Meeting Minutes — December 20, 2022 Page 4 of 8
Ms. Julie Galante who lives in proximity of the proposed monopole expressed that herself and
other neighbors have concerns and opposition regarding the proposed monopole. Ms. Galante
presented research and data concerning safety issues and lowering of property values. Ms.
Galante expressed that the abutters and neighbors do not approve of this site. Ms. Galante had
concerns on why it was necessary for Bay Communications to receive another variance for
additional height for the proposed monopole when it was approved by the Planning Board of 90
feet.
Attorney Dolan stated that submitted in their application was a report from MAI Certified
appraiser that there would be no adverse impact on surrounding property values. Attorney Dolan
stated that T-Mobile would not apply for a height of 90 feet because it would not provide
coverage for T-Mobile as previously explained.
Mr. List noted that the only change from this application and the Planning Board application was
that the camouflage of the monopole was added, but the height requested of 120 feet remains the
same.
Mr. Jason Iannoni who resides at 380 Branch Street expressed concerns about the appraisals in
the surrounding towns from the application submitted by Bay Communications, Mr. Iannoni
stated that the Worcester house appraisals are within 250 feet of a monopole and the price of
houses sold higher and houses that were much further away were comparable. Mr. Iannoni
further stated that one of the houses had a powerline extending along back of the yard and
another house powerline were extended in front of the yard. Mr. Iannoni referenced a Scituate
appraisal and that the comparison of the house prices is higher near a monopole.
Mr. Iannoni also stated that one of the houses located near an Elementary School and another
house located 300 feet of the railroad tracks were all priced higher and that a Scituate house was
appraised at $585,000.00 in 2009 and it sold for less three years later. Mr. Iannoni also stated
that the applicant Bay Communications had no examples of homes near a monopole. Mr.
Iannoni further stated that that the applicants' clients are Corporate companies such as Verizon
Wireless, AT&T, T-Mobile, and New Cingular causing concern that the applicants might be bias
and are overlooking the local residence in the area.
Attorney Dolan responded regarding the application appraisal report and that a certified appraiser
compiled data throughout the Commonwealth in what was an applicable example from which
one could glean some sort of conclusion and his conclusion was based on the research and
analysis conducted for the preparation of this market study. Attorney Dolan stated in his opinion
that the proposed facility will not have any negative impact on the value of the surrounding
properties.
Motion: to approve a variance from Zoning Bylaw Section 230-3.6(G)(4)(a) requesting a
setback less than the required distance equal to the height of the monopole tower, Section 230-
3.6(G)(4)(b) for the height of structure higher than allowed without additional collocation and
Section 230-3.6(G)(4)(g) allowing a setback of less than 500 feet from a Residential structure per
the presented plan sheet C-1.1 for the property at 300 Branch Street. (Cummings/List)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
ZBA Drafted Meeting Minutes — December 20, 2022 Page 5 of 8
Discussion:
Mr. List asked whether or not the Board should vote at the same time for all three variances
which was agreed upon by all the members.
Mr. List stated that Bay Communications does not have three collocated tenants but has the
capability to host three or more carriers. Mr. List further stated that the Planning Board granted
a Special Permit because cell phone towers are not allowed in Rl, R2, and R3 zone without a
Special Permit showing significant gap in coverage. The Planning Board granted a Special
Permit to build in Residential Rl zone.
Mr. List, Mr. Correira and Ms. Pruitt agreed that the abutter's shed is not attached to the house
and that sheds are an accessory to the building.
Mr. Maxwell stated that it is not defined what a residential structure is on a structure of a used
property.
Mr. Correira stated that a similar application came before the board which was withdrawn due to
the fact that the abutters did not agree and lived in a new cul-de-sac and this application is
proposing the monopole in a wooded and thick brush area.
Mr. List discussed that application presented is in a wooded area and further back into the
woods. Mr. List noted that the Telecommunications Act references that if the applicants have
shown a substantial gap in coverage, then the Board may be limited in their ability to not grant
the variance. Mr. List stated that if the proposed tower was limited to 80 feet in height this
would not solve the significant gap, and if they were limited to 90 feet this would still not solve
the significant gap in coverage. The gap in coverage is a hardship due partially to the unusual
shape.
Application of Denise Lydon for a Finding from Zoning Bylaw Section 230-4.2 for a proposed
front yard setback of 13.6 feet where 30 feet is required at 17 Eddy Street; (Assessor's
Map/Parcel 27/154 in Residential 3 (R3) Zone.
The Applicant Denise Lydon was present and explained that she has lived at the residence since
2014. Ms. Lydon is proposing to construct an addition to the home extending the front and side
of the house for a new kitchen, great room and new deck. In June of 2022 Ms. Lydon suffered a
house fire that damaged the entire home causing Ms. Lydon and her family to be displaced.
Ms. Lydon is seeking to rebuild on the same footings as the prior home while extending out to
the side no more than 15 feet and for the front of property no more than 30 feet from the
street. Ms. Lydon stated that the existing home front setback was 8.7 feet and the proposed
setback for the new house from the porch is approximately 13.5 feet. The proposed new
structure would be moved more centrally on the property and will not be more non -conforming
than the original structure. Ms. Lydon expressed that the new house would be an improvement
and not detrimental to the neighborhood. The other houses on the street all have similar
encroachments on the front setbacks of their properties.
ZBA Drafted Meeting Minutes — December 20, 2022 Page 6 of 8
Ms. Lydon is proposing to rebuild and design a farmhouse with the same aesthetics as the
previous house, which is a pre-existing, non -conforming structure and is not detrimental to the
neighborhood.
Board Comment
Ms. Pruitt stated that the submitted Plot Plan notes the rear yard setback at 35 feet where it is
actually 30 feet and that a new Plot Plan submission would be required if the Board approves the
application.
Public Comment
There were no public comments.
Acting Chair, Ms. Pruitt closed the public hearing.
Discussion
Ms. Pruitt stated that the new structure would be non -conforming, but would be an improvement
with additional adjustment proposed,
Mr. Correira noted that abutting houses on Eddy Street and Branch Street are also non-
conforming and very close to the street.
Mr. List noted that there is a special provision in the non -conforming part of the Zoning Bylaw
to deal with houses that have been destroyed by fire.
The Board members agreed that the lot is a unique shape,
Motion: That the request for a finding at 17 Eddy Street is an increase in a pre-existing
nonconforming condition. (Cummings/List)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Motion: That the increase in the pre-existing non -conforming structure per the Site Plan plan at
17 Eddy Street is no more detrimental to the neighborhood than the current conditions.
(Cummings/List)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Minutes — November 8, 2022
Motion: to continue review and vote for November 8, 2022 minutes to the next scheduled meeting.
(Cummings/List)
Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES
ZBA Drafted Meeting Minutes — December 20, 2022 Page 7 of 8
Next Zoning Board of Appeals Meetings: January 17, 2023 at 7:30 p.m.
Motion: To adjourn at 9:05 p.m. (Maxwell/List)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Signature of Clerk
Date lof Approval
ZBA Drafted Meeting Minutes— December 20, 2022 Page 8 of 8