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Planning Board Minutes
December 2, 2009
Present: Tom French, Chair; Beth Ashman-Collins, Clerk, Tony Jodice, Don Cleary,
Olivier Kozlowski
Timothy Verrochi, Alternate
Shaun P. Burke, Director of Planning and Development
11. Meetihgcalled to order at 7:30 p.m.
I 2. Correspondence
1. November 18, 2009 minutes
Motion: To approve as submitted (Cleary-Collins) Five in favor. One abstained.
PASSES
2. November 18,2009 memo from Mr. Burke re: Capital Improvements Committee
representatives
Motion: To appoint Mr. Jodice and Mr. Verrochi to the Capital Improvements
Committee (Cleary-Collins) All in favor. PASSES
3. ZBA application for Variance - 12 Plantingfield Road - side yard
Mr. Burke explained the application is for a garage with a room over, resulting in a
19.5 foot side yard setback. A 25-foot setback is required. Mr. Burke noted that if
the six-foot jog were removed, relief would not be necessary. Mr. Burke suggested a
negative recommendation because the application does not meet the statutory tests for
the grant of a variance.
Motion: To send the ZBA a negative recommendation because the application does
not meet the statutory tests for the grant of a variance.
(Jodice-Collins) All in favor. PASSES
4. ZBA application for Variance - 2 Riverwood Drive - side yard for a pool and deck
Mr. Burke said construction has been completed. The pool was not originally
connected to the house and required a six-foot setback. However, connecting
the pool to the house with the deck requires the full setback. This is a comer lot
requiring 40- foot front and rear setbacks.
Motion: To send the ZBA a negative recommendation because the application does
not meet the statutory tests for the grant of a variance
(Jodice-Verrochi) Four in favor. One opposed. One abstention. PASSES
6. The Beacon
7. Form J Release - Lot 68 Steams Hill Estates. Mr. Burke explained the subdivision
was permitted in the late 1980s and built in the early 1990s, and the roads have been
accepted as public ways. During a recent conveyance of this lot, it was discovered
Lot 68 was never released from covenant.
Motion: To sign the Form J (Cleary-Kozlowski) All in favor. PASSES
3. Special Permit Public Hearing continued - 151 Rumford Avenue - 4 Townhouse
Units
Marco Crugnale presented a rear elevation view of the proposed building from North
Main Street. Mr. Cruganle said he has spoken with Mr. Alves and believes the
Engineering Department's concerns have been addressed.
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Department Head Comments
The clerk read a November 18, 2009 memo from Mr. Alves indicating his concerns have
all been addressed.
Board Comment
Mr. Cleary asked if a Form A plan would be done; Mr. Crugnale said ifthe plan is
approved, he will file a Form A during the 20-day appeal period.
Mr. Jodice asked how the architectural design was arrived at. Mr. Crugnale said his
intention was to match the existing Victorian-style building.
Mr. Crugnale said these will be four two-level townhouse units. Mr. Jodice asked if there
would be an affordable component to this development; Mr. Crugnale said there would
not be because there will only be four units. Mr. Italo Crugnale will own both the
existing house and the new condo units.
Mr. Burke presented the board with a draft special permit.
Motion: To approve the special permit as drafted (Cleary-Collins)
Verrochi - In favor. The benefits outweigh the detriments. This will be great for the
neighborhood and for downtown revitalization.
Cleary - In favor. The benefits outweigh the detriments, and in fact I do not see many
detriments. There will be a financial benefit to the town, and the project will fit in well
with the existing house and with downtown.
Jodice - In favor. The benefits outweigh the detriments, and anytime the downtown area
has a chance to be modernized is a benefit. I do not think there will be a traffic issue.
Collins - In favor. I do not see any detriments because the proposed plan takes into
account the existing house and the transitional area between the business and residential
areas, and brings additional residential uses to downtown.
Kozlowski - In favor. This will have a minimal impact on the neighborhood, will
provide an economic benefit to the town, and will fit in with the neighborhood.
French - In favor. The project will fit in well with downtown and the neighborhood
character, municipal services are adequate, it will provide downtown housing
opportunities, and is consistent with the Master Plan and smart growth techniques.
6 in favor. 0 opposed. 0 abstentions. PASSES
Motion: To close the public hearing (Cleary-Jodice) All in favor. PASSES
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\ 4. Form A (ANR) Plans
Marshall Avenue/Aspen Street - Roy Connor, Jr. The plan creates two lots with
adequate frontage and area. Mr. Burke noted this plan has been previously endorsed, but
was not recorded.
Motion: To endorse the Form A (Collins-Jodice) All in favor. PASSES
. 5; ,Sp~~,ial :permit Public Hearing ~ 1001 West S~eet(St. Gregory's) .:. Wireless
l' Communication Facility~ T-Mobile' ,',' " "
The clerk read the public hearing notice.
Attorney Simon Brighenti, O'Connell, Flaherty & Attmore, LLC, representing T-Mobile,
introduced Mark Arrone, site acquisition specialist and Mohammed Ibrahim,
radioftequency engineer.
Attorney Brighenti explained the plans for a 120- foot wireless communication facility,
which will also require a setback variance from the Zoning Board of Appeals and a
Request for Determination from the Conservation Commission. He explained this type
of facility is regulated by local, state and federal agencies, which they are currently going
through, including Mass Historic and MEP A.
Attorney Brighenti explained there is currently a church on the 8.5 acre site along the
southern line of 1-95 North. The tower would be constructed in a wooded area to the
north ofthe church; the tower would be close to the 1-95 right-of-way and the top portion
would be visible above the treetops in some areas.
The facility will be in a fenced compound with an access driveway off the northeast
comer of the existing parking area. A few trees will be removed to access the site, but
vegetation will be retained around the fenced area. He said they would be willing to add
additional landscaping. The fence will be an eight-foot tall chain link fence with barbed
wire on top. Attorney Brighenti said some towns request a different style of fence, and
they are willing to do that. He said the average tree height in the area is about 85 feet.
The by-law limits a single-user monopole to 90 feet, but allows it to increase for each
additional user, up to 150 feet. T -Mobile would like to provide additional carrier
facilities under their own; with 10 feet separation between each carrier, there would be
space at 110 feet, 100 feet, and 90 feet. The tree canopy could cause interference for
anything lower than 90 feet. Attorney Brighenti said they always try to work with towns
and would be willing to provide free space to the town if it provides its own equipment.
The fenced area will contain computer cabinets, and there will be room for the town's
and other carriers' equipment. There will be small GPS antennae for connection with
E911 service.
The driveway from the parking area to the proposed pad will be gravel, and proper
erosion control methods will be used as necessary.
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Attorney Brighenti said this will be a passive use. Noise made by the computer cabinets
is about 60-65 db, which is slightly above the ambient noise. Additional traffic will be
negligible; there will be some construction traffic, but after that, the facility is visited
once per month per carrier for regular maintenance. No water or sewer will be used. The
tower will provide tax revenue for the town, as well as non-emergency and emergency
communication.
Attorney Brighenti explained the Federal Telecommunications Act of 1996 recognizes
there is a need for this type of facility and attempts to strike a balance between
community needs and the needs of the carriers to provide service. The Act says the
carriers should work with towns to be the least impactful presence; however, the service
should be allowed to thrive because of safety issues and the need for competition among
carriers. The Act also says towns cannot prohibit or effectively prohibit the siting of
these towers, so if carriers can prove a gap in coverage, towns have to work with them.
Finally, the Act says there cannot be discrimination among providers of equivalent
servIce.
Attorney Brighenti showed the board maps ofT-Mobile's existing coverage in town and
existing towers in the area. He presented a plan showing how this facility would help to
fill in the coverage gaps by enhance coverage along Route 95 and in the surrouding
neighborhoods.
Attorney Brighenti explained a balloon was floated at the property in July 2009, when
there was maximum tree coverage, and photographed to determine what would be visible
from street level.
Attorney Brighenti said when they arc looking for locations for these facilities, they first
try to find existing structures on which to locate. In this case, there was nothing like that
available. He said they then try to look at town- or state-owned properties. Mr. Arrone
explained there aren't many viable properties on which to locate in this area; the best
option is the church.
Attorney Brighenti explained the town's by-laws allow this type of facility in areas where
they were not previously allowed. He said this is happening in a lot of towns because the
downtown and highway areas have been covered, leaving service gaps in outlying areas.
He said because of the huge service demands, the FCC requires carriers to try to work
with towns. The FCC sets a limit to as what the radio frequency levels can be at these
facilities for safety purposes, and also regulates whether a light or beacon has to be
placed on top of the tower; that will not be required to do that here.
Department Head Comments
The clerk read memos from Lee Azinheira, DPW Director; Chris Cox, Light Department;
Fire Chief Neil Boldrighini; Lt. Don Tebeau, Fire Department; Elizabeth Leidhold,
Conservation and Environmental Planner; Arthur O'Neill, Police Chief.
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Mr. Burke said there is no memo from Engineering in the file, but said he has spoken
with Interim Town Engineer Rick Alves, who is concerned there were no drainage
calculations submitted with the application. Mr. Alves said he was also concerned about
a note on the plan regarding variations in location; Attorney Brighenti explained that is an
issue that arises with the FAA and the lighting of towers.
Public Comment
Rich Wuschke, 987 West Street, said he will be able to see the tower from his backyard,
and he is concerned about the emissions it will produce, and about the effect on
residential property values. He said he is also concerned about the impact of this tower
on the scenic road. Mr. French explained the scenic road by-law regulates work on trees
and stone walls within the town-owned right-of-way. Mr. Wuschke said the map
showing the new coverage doesn't appear to gain much over existing coverage. Attorney
Brighenti explained the maps show only T-Mobile coverage, not other carriers' coverage.
He said the Telecom Act requires competition among carriers, so while this tower would
be built specifically to provide coverage for T-Mobile customers, it would also provide
coverage for potential customers as well. Mr. Wuschke said T-Mobile has a tower on the
Oxford water tank, and asked about expansion of that rather than the construction of a
new tower. Attorney Brighenti said that facility is at maximum use now, so it could not
be expanded.
Attorney Brighenti said the town allows these facilities in all areas. Mr. Burke agreed,
but said a gap in coverage has to be demonstrated, and the town has the right to hire an
outside consultant paid for by the applicant to conduct a peer review. The peer reviewer
will review the applicant's information, and based on the methodology and propogation
maps, will concur or disagree on the applicant's information. Mr. French said the board
could also ask the peer reviewer to look at the RF emissions.
Ben Ingegneri, 21 Grove Street, said he is building a house at 40 Grove Street that will
look right onto this site. He asked if a balloon could be flown now so people could see
what the tower would look like without the tree cover. Attorney Brighenti said they
would be able to set up another balloon float before the next public hearing. Mr. French
asked the applicant to let the board know far enough in advance so the public could be
informed. Mr. Burke said the department can send out letters to abutters and post the
information on the town's website.
Don Maxwell, 1003 West Street, asked if consideration was given to the tower on Route
106, beyond the Route 495 overpass. Mr. Burke noted that tower is in Foxboro.
Attorney Brighenti said they would double-check that facility. Mr. Ibrahim said that
tower is only 80 feet tall, so it would not provide good coverage for Route 95. Attorney
Brighenti said they would provide a coverage map.
Mr. French asked if there are other carriers lined up to collocate on this site. Attorney
Brighenti said they do not normally arrange other tenants until the tower is permitted, but
he said they could contact other carriers early on. He said there would be space for three
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carriers, at 120, 110 and 100 feet, but below 90 feet there could be interference by the
trees.
Andy DeAndrade, 999 West Street, said he is also concerned about the emissions from
this facility. He asked if the tower could be 90 feet instead of 120 feet in the event other
carriers were not interested in collocating. Attorney Brighenti said they could lower the
tower to between 100-110 feet, but because of interference from the trees, they would not
go below 90 feet. He said without additional carriers lined up, they could design,
engineer and construct the tower to allow for additional carriers at a later time, but build
it lower at first.
Mr. DeAndrade asked about where the poles and lines would be located. Attorney
Brighenti said there would be three new poles against Route 95, with nothing new at the
front of the site.
Attorney Brighenti suggested people go to www.fcc.gov, which has a wireless section
that explains both sides of this issue.
Board Comment
Mr. Verrochi asked ifT-Mobile looked at locating on the 615 School Street tower.
Attorney Brighenti said they are planning to located on that tower, but it will not close
their gap in the northwest part of town. Mr. Cleary asked about the gap in coverage the
School Street tower will going to close. Attorney Brighenti said they will add that
coverage to the map for the next meeting. Mr. Ibraham said this site is 1.4 miles from the
School Street site.
Mr. Cleary said drainage calculations will have to be submitted. Attorney Brighenti said
the only new non-permeable surface will be the small concrete pads for the cabinets; the
driveway will be crushed gravel. He said he would get that information to the Town
Engineer. Mr. Burke noted the Conservation Commission will also require that
information.
Mr. Cleary suggested looking at moving the tower closer to the highway, which may
reduce visibility for the neighbors. Attorney Brighenti said they would investigate that;
he said it would depend on the location of the highway right-of-way.
Mr. Cleary asked if the town would want barbed wire on the top ofthe fence. Mr. Burke
said that wasn't an issue on the School Street site because that whole site is fenced.
Attorney Brighenti said they would be willing to work with the town on the material.
Mr. Cleary asked if this site has been through the FAA permitting process. Attorney
Brighenti said they have passed FAA and he will provide that information to the board.
Mr. Cleary asked how this will be taxed, since it is on church property. Attorney
Brighenti said their equipment would be taxed as a commercial enterprise.
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Mr. Jodice asked about the variance; Mr. Burke said the application requires dimensional
relief from the 500-foot setback. The Planning Board cannot grant the special permit
without the grant of the variance, but Mr. Burke said the grant of a variance does not
obligate the Planning Board to grant a special permit.
Mr. Jodice said he appreciates the thorough, professional presentation by the applicant,
and he understands the coverage and competition issues, but said he is concerned that
towns seem to be forced to permit towers, and about the possibility of more companies
building more towers. He said he would like to see T-Mobile's existing and expected
coverage of the whole town. Attorney Brighenti said he would prepare that.
Mr. Jodice asked about sending a letter to the Conservation Commission to discuss the
possibility of going through the Witch Pond Swamp.
Mr. Burke said he has spoken with the interim town manager and T-Mobile's site
acquisition manager about a couple of town-owned sites. Attorney Brighenti said the
state has overturned by-laws that require carriers to construct towers on town-owned
land.
Mr. Jodice asked about medical studies regarding these towers; Mr. Burke said there is
significant case law that says the medical issues are beyond the scope of cities and towns.
He noted that OSHA's website has a lot of information dealing with EMF exposures.
Ms. Collins asked about the town's ability to deny an application like this; Mr. Burke
said if the applicant has searched and there are no alternative sites, then this is the site.
He said the peer reviewer can come back and say the applicant's methodology is flawed
or the applicant's claim of a gap in coverage is not significant.
Mr. Burke said the abutters are concerned about height and location, and asked if the
applicant has thought about installing something like a bell tower on the church to
contain the array and avoid a monopole. Attorney Brighenti said they did consider that,
but in this case, the building is so short, the height would have to be tripled or quadrupled
the necessary height. However, he said they would take another look at it.
Mr. Burke said the peer review for School Street cost the applicant about $2,500, and
began after the funding was provided by the applicant. Attorney Brighenti agreed, but
asked for a quote from the peer reviewer. Mr. Cleary asked to have the peer reviewer
look at the town-wide coverage generated by the applicant; Mr. French asked to have him
look at the emission issue as well.
Ms. Collins said having a tower like this right next to the highway would be less of an
impact than in some other locations.
Motion: To continue the public hearing to February 3,2009 at 8:00 p.m.
(Cleary-Kozlowski) All in favor. PASSES
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I 6,"Public.Conunent
Mr. Cleary said Smurfitt-Stone on Maple Street will be coming in to talk about a TIF.
Mr. Jodice said the timing at the traffic light at Mansfield Crossing seems to have
improved.
Mr. French asked about the recently submitted traffic study for Mansfield Crossing. Mr.
Burke said the study shows the center is at 80% occupancy and 20% below their traffic
projections.
I. Correspondence continued
8. ZBA application for Variance - 1007 West Street - setback from residential structure
Mr. Burke said the application indicates the intent ofthe 500-foot setback is for aesthetic
purposes, not for emissions or fall zone issues. The application indicates the site meets
the statutory tests for the grant of a variance, including lot shape and lack of ability to
meet the required setback.
Mr. French said he was on the board when the 500-foot setback was set, and he would
not want to make a positive recommendation on a variance from the zoning by-law that
he worked on.
Motion: To send the ZBA a negative recommendation because the purpose of
establishing the setback was to prevent the construction of wireless communication
facilities like this closer than 500 feet to residential properties. In addition, the board
finds this site to be unique, as it is on a large parcel of land dedicated to
institutionallreligious use, yet directly abutting residential property on three sides. In this
situation, the Planning Board would like to stress the importance of maintaining the 500-
foot setback. As was just mentioned, the property is surrounded on three sides by a large
number of residential uses in close proximity to the proposed wireless communication
facility (Jodice-Cleary) All in favor. PASSES
l~f'.A.'~jt;)lIrhtfiel:rt' ..' ..
Motion: To adjourn at 11:15 p.m. (Jodice-
) All in favor. PASSES
fa / 1(. far;
Date of/App~val
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