Conservation Commission
Meeting
Sharon Community Center
September 23, 2010
Peg Arguimbau Chairman, Keevin Geller, Elizabeth McGrath, and Hank Langstroth were the members present. Stephen Cremer arrived at 8:10 p.m.
The Conservation Administrator, Greg Meister, was also present.
8:00 p.m., A Notice of Intent Public Hearing continuance filed by AT & T for the proposed installation of a cell tower, access road, and associated utilities at 68 Mohawk Street,
DEP # SE-280-0516:
Present: Representatives from AT & T - Dan Bilezikian, Eamon Kernan, P.E., and Attorney Ed Pare.
Abutters were also present. See attached list.
Attorney Ed Pare explained to the Commission that AT & T is presently reviewing the Alternative Site Analysis Report prepared by the Town’s Consultant. AT & T has postponed their meeting with the Zoning Board of Appeals until October 27, 2010, following their review of the Consultant’s report. Attorney Ed Pare requested that the Commission close the hearing tonight and to issue a decision within 21 days concerning the Applicant’s proposed project.
Eamon Kernan explained that the total dimensions of the foundation installation of the proposed cell tower designed for AT & T is less than 120 square feet. He reviewed some examples of foundation specifications for two different cell tower projects that were recently installed within environmentally sensitive areas of Revere and Swansea:
- Revere Cell Tower Site - The project was located within a Flood Plain with unfavorable soil conditions. The foundation for the construction of a 60’ monopole was installed 50’ below grade within a salt water marsh area.
- Swansea Cell Tower Site - The foundation for the construction of a 99’ monopole was installed 20’ below grade with a ground water level of 3.’
Peg explained that the new construction project is primarily proposed within the 100’ Buffer Zone of the site and is a concern of the Commission. The roadway entrance by the cul-de-sac area of the site is the only section of the project that is being proposed away from the 100’ Buffer Zone.
Attorney Ed Pare indicated that the Commission’s decision concerning the proposed project has a critical impact on where the Applicant proposes to install the cell tower on the site. A possible alternative for the proposed project would be to move the location of the cell tower closer to Mohawk Street if this filing is denied by the Commission.
Elizabeth McGrath explained her understanding that the Commission has only allowed variances for temporary structures such as sheds installed on cinder blocks as opposed to permanent foundations, which require a building permit.
Attorney Ed Pare expressed his disappointment that no progress has been made concerning the proposed project since his first meeting with the Commission on July 8, 2010. He explained that the distance from the proposed cell tower foundation to the 100’ Buffer Zone has not changed from the Applicant’s original proposed plan. The Applicant has made revisions to equipment cabinets proposed for the project to be in compliance with the Commission.
Elizabeth McGrath indicated that although she appreciates the efforts made by the Applicant to reduce the disturbance to the 100’ Buffer Zone on the proposed project site, she would not be comfortable in setting a new precedent for this project.
Abutter, Drew Gallagher, 71 Mohawk Street, asked Attorney Ed Pare if it would be possible for
AT & T to install their antenna at the T-Mobile’s Cell Tower‘s site on Farnham Road or at the Golf Course site.
Attorney Ed Pare replied that coverage is not available at the other cell tower locations.
Page 2 SCC 9/23/10 Meeting Minutes
Abutter Bernard Yankowski, 65 Mohawk Street, asked what any potential companies would need to accomplish to be in compliance with the Town for connecting to the proposed cell tower project site.
Attorney Ed Pare explained that the companies would need to appear before the Commission if they propose to either increase the impervious area of the proposed site or locate their equipment outside of the Commission’s jurisdiction. They would also need to appear before the Zoning Board of Appeals.
Abutter Bernard Yankowski, 65 Mohawk Street, suggested that AT & T seek alternative sites for their proposed project such as in the vicinity of the Foxboro Town Line.
Attorney Ed Pare replied that he has not yet reviewed the Alternative Site Analysis Report prepared by the Town’s Consultant.
Peg explained that it is the preference of the Commission for the proposed project to be constructed outside of the 100’ Buffer Zone of the site, and to minimize the disturbance to the 100’ Buffer Zone.
Peg called for a motion to close the hearing as requested by the Applicant.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted. Unanimous. 5-0-0.
Peg called for a vote from all those Commission Members in favor of allowing the amended project as presently proposed by the Applicant:
Peg - Nay
Hank - Nay
Elizabeth - Nay
Stephen - Nay
Keevin - Abstained
Peg called for a vote from all those Commission Members opposed to the amended project as presently proposed by the Applicant.
Peg - Yea
Hank - Yea
Elizabeth - Yea
Stephen - Yea
Keevin - Abstained
Peg explained to the Representatives of AT& T that the Order of Conditions and the denial document will be prepared by the Commission at their meeting scheduled for October 7, 2010, and then delivered to the Applicant.
9:00 p.m., Signatures:
The Commission signed bills. Certificate of Compliance for the Town of Stoughton, Bay Road Culvert, DEP File #SE-280-0504. Partial Certificate of Compliance for Jonathan Cohen, 203 Mountain Street, DEP File #SE-280-0511.
9:05 p.m., Approve Past Meeting Minutes:
Peg called for a motion to approve the June 17, 2010 Meeting Minutes as presented.
Elizabeth McGrath moved. Keevin Geller seconded. Voted. 3-0-2.
Peg called for a motion to approve the July 8, 2010 Meeting Minutes as amended.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous. 5-0-0.
Peg called for a motion to approve the July 8, 2010 Executive Session Meeting Minutes as
amended.
Elizabeth McGrath moved. Hank Langstroth seconded. Voted. 4-0-1.
Peg called for a motion to approve the September 2, 2010 “No Quorum” Meeting Minutes as the contents reflect the matter of the meeting.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted 3-0-2.
Page 3 SCC 9/23/10 Meeting Minutes
9:20 p.m., Executive Session:
A Roll Call Vote was taken to enter into Executive Session to discuss pending land issues.
9:30 p.m., Adjourn from Executive Session:
A Roll Call Vote was taken to adjourn from Executive Session.
9:45 pm., Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous. 5-0-0.
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