August 3, 2004
The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon Town Offices with Chair Walter Joe Roach and Selectmen David I. Grasfield, William A. Heitin and Town Administrator Benjamin E. Puritz.
The meeting was called to order at 7:30 P.M.
Government Study Committee
The Board interviewed Pat Zlotin for reappointment to the Government Study Committee. Ms. Zlotin spoke about how the committee would like to make the existing form of Town government more efficient. The committee is also considering two major items at this time: (1) whether the Town should have a Charter, and (2) a change in the form of government.
Recreation Advisory Committee
The Board interviewed Michael Ginsberg for reappointment to the Recreation Advisory Committee. Mr. Ginsberg has been a member of this committee since 1981. Mr. Ginsberg feels the need to remain on the committee due to the various problems that now exist at the Recreation Center.
The Board interviewed Gary Bluestein for reappointment to the Recreation Advisory Committee. Mr. Bluestein has been a member of this committee for six years and envisions ongoing progress re the condition and development of the Town’s recreation center facilities.
The Board interviewed Corrine Hershman for reappointment to the Recreation Advisory Committee. Ms. Hershman has been on this committee since 1999. In the repairing of the Recreation Center, she would like to see the young people, especially, involved in providing creative ideas, as well as getting others in the Town to pass on their thoughts and ideas for the Center. Ms. Hershman stated that the committee would like to see more women apply to be on the Recreation Advisory Committee.
Special Police Appointment - Donald Brewer
The Board of Selectmen reviewed a Memorandum from Joseph S. Bernstein, Police Chief, dated July 28, 2004. Chief Bernstein introduced and recommended the appointment of Donald Brewer as a Special Police Officer. Mr. Brewer discussed his interest in law enforcement and serving the community.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Donald Brewer as a Special Police Officer for a one-year term.
Selectmen’s Designee to the MBTA Advisory Board and Transportation Advisory Board
The Board of Selectmen interview George Bailey. Mr. Bailey indicated his interest in continuing to represent Sharon on the MBTA Advisory Board. Mr. Bailey also states that he is currently Chair of the Commuter Rail Committee and for roughly for the past six years served as a member of the Finance Committee which reviews the Operating Budget of the MBTA.
Fall Town Meeting Article 9 Re: Tax Rate Impact/Financial Schedules
Gordon Gladstone was present to discuss the Fall Town Meeting Article 9 Re: Tax Rate Impact/Financial Schedules. Mr. Gladstone indicated that he appreciated that this Article was placed on the fall meeting warrant by the Selectmen in response to his request.
Wilber School Redevelopment Committee and Sharon Cultural Council
The Board of Selectmen interviewed Robert Levin for an appointment to the Wilber Redevelopment Committee. Mr. Levin sees great potential regarding reuse of this building. would be honored to serve on this Committee. The Board also interviewed Robert Levin for reappointment to the Sharon Cultural Council.
Registrars of Voters and Government Study Committee
The Board of Selectmen interviewed Anne Carney for reappointment to Registrars of Voters.
Ms. Carney discussed her role as a Registrar and the importance of making sure that all voters are registered. Ms. Carney was also interviewed for reappointment to the Government Study Committee in which she stated that the Committee is looking at different forms of Government.
Selectmen Grasfield asked if the GSC had considered improvements to the current form of government, such as doubling the number of selectmen. Ms. Carney said that it had been discussed in the past but had not been proposed. Selectman Grasfield requested that the Government Study Committee be invited to attend a Selectmen’s meeting in the future to provide new input and perspectives.
Regional Dispatch Warrant Article
Fire Chief Dennis Mann came before the Board to discuss an article on the Fall Town Meeting for joining the Regional Dispatch. He reported that there are significant delays in trying to getting funding from legislature, as well as through grants. The start up date originally was set for January of 2005 but had to be pushed back to January of 2006. The next meeting of the Norfolk Country Commissioners will be in mid-August. Chief Mann would like the Board of Selectmen to keep this article on the Warrant, and if this does not progress for 2005 then defer action on this article until the May Town Meeting.
Public Hearing - Sprint and Sharon Country Club
The Board of Selectmen held a public hearing for the residents of Sharon for the purpose in determining whether the Town wishes to exercise its options of either purchasing the 2,500 square-foot parcel of land or to waive its option of purchasing the parcel of land at the golf course allowing for construction of the monopole. Town Counsel, Richard Gelerman, informed those in attendance, that by law this hearing did not have to be held; however, because of the intensity of the issue, the Board of Selectmen, Town Administrator and Town Counsel felt a need for the residents to know the background of the history with Sprint from the original application to the concluding tentative agreement with Sprint.
Town Counsel, Richard Gelerman, commenced by addressing the public saying two years ago Sprint went to the Zoning Board of Appeals for a permit to put up a cellular tower adjacent to the club house of the Sharon Country Club. The Zoning Board denied the application. With that, Sprint filed a law suit against the ZBA. The Federal Law says, in brief, if there is a significant gap re telecommunications service a cellular tower must be put up to address said coverage gap. Local communities cannot use local by-laws to stop this tower from being put in a town. Attorney Gelerman stated that the Board and Town Administrator have spent a great deal of time checking out various locations. It was determined that “hole 4" be proposed to Sprint as being the best location (700 feet from
nearest resident) on the golf course for the cellular tower and would be less intrusive to the neighbors living near and/or on the golf course. “We feel this proposed new location on the golf course is the best we can do for the town”, Attorney Gelerman stated. The original location would have been 100 to 200 feet from the nearest residence. Attorney Gelerman also stated that the water tower location would fill the gap, but the cellular tower would literally be in a resident’s backyard. Mr. Gelerman then continued to discuss the tentative agreement between the Town and Sprint which will require the court’s approval.
Attorney William Mendelsohn, of Gelerman, Buschmann & Nichols, addressed the technicalities of the cell tower. Anything below 90 feet in height is not going to cover the gaps and is not worth putting up. One hundred fifty (150) feet in height would cover all carriers and co-locators at 10 foot intervals, if installation of the monopole began at 90 feet. We must address the gaps on the eastern side of Sharon. It’s a federal law and must be addressed in a timely manner.
Two groups of residents were in attendance at the hearing, one being the Sharon Country Club residents and the other the Hampton Water Tower residents as well as others to speak for or against the location of the cellular tower. Residents expressed their opinions and concerns that included:
Petition article being drafted by neighbors for spring Town Meeting to put the town counsel’s services out for bid.
You must have misunderstood your (official) duties. - We thought you were supposed to look out for the citizens of the town.
We felt it was the duty of the Selectmen to protect our rights.
We heard the town may get some remuneration (out of this).
And now it is a 150-foot tower, not a 120-foot tower.
Why a 150-foot tower and not a 90-foot tower?
This might have been located on a water tower - but no meeting was ever held to consider this.
What benefit to the town would the tower be?
How will the town handle future applicants?
We have been mistreated by the town.
We will be filing for abatements at the assessors’ office.
We will not support you at the voting booth.
We will actively recruit others to run against you.
Neighbors to draft article asking town meeting to revoke liquor license of the country club.
Hampton Road group spoke indicating their opposition to any cell tower being installed on the water tower.
What if Sprint doesn’t accept co-locators?
What tests were run with regard to the 150-foot height?
And now we have to allow Corporate America into this residential neighborhood.
A resident attempts to postpone a decision by selectmen.
One resident, Richard Kramer, said “I’m absolutely shocked that town counsel is pressing selectmen to reach a decision on this tonight. There’s no gun to our heads to make a decision tonight.”
Assuming the Town purchases the land, will the agreement fall under “old” or “new” by-laws?
Has the old Town dump been considered for the cell tower?
Why are we allowing Corporate America onto residential property?
Concerns of health issues from cell tower emissions.
Who will be responsible for any law suits that come from the emissions from the cell tower, i.e., cancer or any other illnesses?
A Radio Frequency Engineer was hired to gather data and to map out the whole Town re coverage gaps and placement of towers. Never received full report of the comprehensive plan.
Chair Joe Roach stated the following: “We have listened to the neighborhood. We’ve exhausted all possibilities. We looked at the old dump site. We offered three other locations, but Sprint rejected them. So, we negotiated a change of location to the fourth hole. It’s wrong for people to say we’re not representing everyone.”
Selectman Grasfield thanked everyone for coming to this hearing and recognized the importance of all the concerns and questions which were discussed. He asserted that a number of critical questions had been raised this evening and not sufficiently answered.
MOTION: (Grasfield) moved to postpone action on the 61-B hearing and to continue Hearing 61-B - Sprint/Sharon Country at a later date.
MOTION NOT CARRIED
Selectman Heitin disagreed with Selectman Grasfield in that he felt that if we wait any longer, Sprint may just decide to place the cell tower at the original location much closer to the neighborhood. In addition, Selectman Heitin noted that this process has been going on for more than 2 1/2 years and that we have spent more than $40,000 in legal fees. $40,000 is the most that the Town has ever spent on any single case and more than what has been spent on Rattlesnake Hill to date. He stated that even if we decide to purchase the land the Country Club does not have to sell the property to us. They will and have every right to revert back to the original location and continue in court. This would be a lose/lose for the Town as a whole. Selectman Heitin also stated that out of
the three possible locations, the Country Club site would have the least impact. There would be 18 properties within a 500 foot buffer if located at on the Hampton Road Water Tower. There would be 6 properties within a 500 foot buffer if located on the Town Landfill site. If located at the 4th hole, there would be no properties within a 500 foot buffer and only one property within 790 feet.
VOTED: (Heitin/Roach) Voted 2-1 (Grasfield opposed) to waive its option of purchasing the parcel of land at the golf course identified for construction of the monopole.
Whereas the Zoning Board of Appeals of the Town of Sharon has been named as a defendant in a lawsuit regarding the denial of a special permit to Sprint Spectrum, L.P., to construct a wireless telecommunications facility on the grounds of the Sharon Country Club;
Whereas the Zoning Board of Appeals, Sprint Spectrum, L.P., and the Sharon Country Club have together reached an agreement in principal on the siting of a wireless telecommunications facility at an alternative location on the grounds of the Sharon Country Club;
Whereas the proposed site is at a location determined by the Zoning Board of Appeals and the Board of Selectmen to be the least intrusive to the surrounding neighborhood, given the restrictions imposed upon the Town of Sharon by the Federal Telecommunications Act of 1996;
Whereas the site agreed upon by the above parties is on land designated for recreational uses pursuant to M.G.L. c. 61 B, and must be converted from said designation to be used for a wireless telecommunications facility;
Therefore, in order to enable the resolution of the aforesaid lawsuit, and in light of the reasons set forth above and in the findings of fact adopted this day, the Board of Selectmen hereby votes (1) to adopt the attached findings of fact as the determination of the Board of Selectmen, and (2) to waive the town's statutory option to purchase the Sharon Country Club's real property measuring fifty (50') feet by fifty (50') feet square, situated in the vicinity of the fourth hole on land located at 149 East Street, identified as Assessor's Parcel No. 083045000, and as shown on the sketch plan attached to the findings of fact, and authorizes Town Counsel to take all appropriate steps to advise the Sharon Country Club of this waiver.
The foregoing waiver shall become effective upon receipt by this Board of a fully executed Agreement from the Sharon Country Club regarding usage of and payments to be derived from this wireless telecommunications facility, and also the above referenced Settlement Agreement between the Board of Appeals and Sprint. The Board of Selectmen of the Town of Sharon, Walter Roach Chairman and Selectman William A. Heitin. Attached is the “Findings of Fact of the Board of Selectmen of the Town of Sharon” as follows: The Board of Selectmen of the Town of Sharon ("Selectmen") makes these findings of fact relative to the notice received from the Sharon Country Club ("Country Club"), pursuant to M.G.L. c. 61 B, º9, that the Country Club intends to convert a
portion of its real property ("Site") at 149 East Street from recreational to commercial use. The Site is a fifty (50') feet by fifty (50') feet square area in the vicinity of the fourth hole at the Country Club, as more particularly shown on the attached sketch plan.
With regard to the aforesaid notice, the Selectmen hereby make the following findings of fact: The conversion of the Site from recreational to commercial use is an integral part of the proposed settlement of ongoing federal litigation between the Town and Sprint Spectrum, L.P. ("Sprint"). Sprint has sued the Sharon Zoning Board of Appeals ("Board") in the United States District Court for the District of Massachusetts over the Board's denial of Sprint's application to locate a wireless telecommunications facility on non_recreational land near the clubhouse at the Country Club.
For over one year, the Town, acting at times through the Selectmen and at other times through the Board, and Sprint have pursued a variety of settlement options. The Town engaged in lengthy negotiations with providers of so_called "Distributed Antenna System" technologies, which held out the potential of providing wireless telecommunications service without requiring the installation of large telecommunications towers. The Town also investigated the possible use of wireless fidelity (WiFi) technology as a substitute for the proposed cell tower. The Town ultimately reached the conclusion that neither of these technologies at present constitutes a substitute for traditional tower_based wireless transmission technology.
The Town also investigated several alternative locations for telecommunications towers in Sharon, including two sites on land held by the Massachusetts Audubon Society: the Society's headquarters and the fire tower. Although one of these sites may well provide cellular coverage for other needs in Sharon and should be pursued for that reason, the telecommunications coverage provided by those sites would not provide sufficient coverage to serve as a substitute for a site located at the Country Club. Additional alternative locations were also considered and ultimately rejected by the Town.
The Board and the Town then resumed previous negotiations with the Country Club and Sprint to find alternative locations within the Country Club's land that would be farther away from the Country Club's abutters. Factors considered in these negotiations were: ease of utility and vehicular access, distance from residences, distance from the Sharon Middle School, and visibility from the alternative locations. The Site was chosen for its proximity to existing paved areas of the Country Club, its relative proximity to existing utility conduits, and the fact that it is over six hundred (600') feet from the property of the nearest abutter, and over seven hundred (700') feet from the residence of the nearest abutter. In addition, the Site's location will allow other wireless communications providers to locate
their equipment at the Site, which will in turn reduce the need for other telecommunications facilities in the area.
The Selectmen are aware of local objections to wireless telecommunications facilities in general, and to the specific siting of such a facility on the land held by the Country Club. However, it is the conclusion of the Selectmen and the Board that the Federal Telecommunications Act of 1996 limits the options available to the Town and, in light of those limitations and the lack of available sites in the area, the Selectmen and the Board have concluded that the Site represents the least intrusive location for a wireless telecommunications facility, while recognizing that the Site remains unpopular to many area residents.
The Selectmen also note that, as part of the agreement with the Country Club, the Town will receive a portion of the revenues received by the Country Club from those additional wireless communications providers who elect to locate their equipment at the Site. The Town will also recover a portion of the sums expended by the Town in response to Sprint's application and lawsuit. Any permit sought by other wireless communications providers to locate their equipment at the Site will require Board approval pursuant to the Town's zoning by_laws special permit process.
In order for the Country Club to allow Sprint to locate its wireless telecommunications facility at the Site, the Country Club must withdraw the land at the Site from the recreational use provisions of M.G.L. c. 61B. That statute requires that the Selectmen receive notice of this intended conversion in order for the Selectmen to exercise or waive the Town's statutory option to purchase the land. The Selectmen hereby acknowledge receipt of said notice from the Country Club, a copy of which is attached hereto.
In light of the foregoing facts, and the Selectmen's desire to resolve the protracted litigation between Sprint and the Town, the Selectmen intend to waive the Town's rights under M.G.L. c. 61B and allow the Country Club to convert the Site from recreational to commercial land in order to allow Sprint to construct its wireless telecommunications facility at the Site.
The Board of Selectmen of the Town of Sharon
Walter Roach _ Chairman and Selectman William A. Heitin
Minutes
VOTED: (Grasfield/Heitin) Voted unanimously to approve the July 20, 2004 minutes as printed and the July 20, 2004 Executive Session minutes as amended.
Request for Block Party
The Board reviewed a letter from Miri Park of 23 Colburn Drive, dated July 26, 2004 requesting permission to close off Colburn Drive, from Mohawk Street and East Foxboro Street for an Annual Labor Day Block Party on Monday, September 6, 2004 from 12:00 noon to 5:00 p.m.
VOTED: (Grasfield/Heitin) Voted unanimously to grant Miri Park of 23 Colburn Drive, dated July 26, 2004, permission to close off Colburn Drive, from Mohawk Street and East Foxboro Street for the Annual Labor Day Block Party on Monday, September 6, 2004 from 12:00 noon to 5:00 p.m., subject to the conditions of the Police, Fire and DPW Departments.
Sharon Dog Park Fund Raiser
The Board of Selectmen reviewed a letter from Miri Park, member, Friends of the Sharon Dog Park, dated July 26, 2004 requesting authorization from the Board to solicit donations from traffic in the center of Town, at the intersection of Billings and South/North Main Streets, on September 11-12, 2004 from 9:00 p.m. to 12:00 noon. All donations collected will be used to build the Sharon Dog Park.
VOTED: (Grasfield/Heitin) Voted unanimously to grant Miri Park, member, Friends of the Sharon Dog Park, permission to solicit donations from traffic in the center of Town, at the intersection of Billings and South/North Main Streets, on September 11-12, 2004 from 9:00 p.m. to 12:00 noon.12:00 noon to 5:00 p.m., subject to the conditions of the Police, Fire and DPW Departments.
Request for Banner
VOTED: (Grasfield/Heitin) Voted unanimously to approve a banner for the 52nd Annual Bean Supper to the Unitarian Church of Sharon for the dates of September 3-13, 2004 in the first position.
Wagama Japanese Cuisine, Inc.
The Board of Selectmen reviewed the request from Ms. Sophia Yee, Manager of the Wagama restaurant re the possibility of their liquor license fee to be prorated. If approved by the Board of Selectmen the prorated fee would be $1,000.
VOTED: (Grasfield/Heitin) Voted unanimously to approve the Wagama restaurant request to have the liquor license fee prorated by $1,000, therefore, the license fee after proration will be $1,000.
Selectman Grasfield brought up the following correspondence:
#18 From the neighbors of Mr. and Mrs. Richard and Linda Minsk in re kennel license. This has been referred to the Animal Control Officer, Diane Malcolmson for follow-up;
#20 Donald S. Peck in re establishment of a gift of property to the Town of Sharon. Selectman Grasfield thanked the individual for their donation. This has been forwarded to the Conservation Officer, Greg Meister and to Superintendent of Public Works, Eric Hooper for advise;
#21 Neponset Valley Chamber of Commerce in re Metro South West/I-95 South Partnership;
#25 Executive Office of Public Safety in re Local Preparedness Grant Program;
#26 Superintendent of Public Works, Eric R. Hooper in re Proposed Schedule of Water Department Capital Projects - Draft for discussion purposes only;
#27 George Mellman in re Wilber Redevelopment School Committee;
Selectman Grasfield recommended meeting the following week to address the business of the Board, including long-term planning, senior exemptions, water exploration (per stated Selectmen’s Goals) and policies & procedures. Selectman Heitin expressed a willingness to meet, but could not meet on Tuesday evening; Selectman Roach noted a conflict for himself on Tuesday night.
Executive Session
VOTED: (Grasfield/Heitin) Voted unanimously to enter into Executive Session for the purpose of discussing matters of pending litigation, real property acquisition, investigation, and collective bargaining and to adjourn at the conclusion thereof.
The Board exited the Open Session at 11:35 p.m.
Grasfield, aye; Heitin, aye; and Roach, aye.
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