SHARON ZONING BOARD OF APPEALS MINUTES OF DECEMBER 10, 2008

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, December 10, 2008 at 8:00 p.m. in the Selectmen’s Meeting Room. T he following members were present: John Lee, Chairman; Lee Wernick, Larry Okstein, Seth Ruskin.

Minutes: Mr. Lee moved to accept the minutes of April 30, 2008; May 14, 2008; July 9, 2008; July 23, 2008; September 10, 2008; October 22, 2008 and October 29, 2008. Motion seconded by Mr. Wernick and voted 4-0-0.

Appointments:

8:00 p.m. Matthew and Tara Holzman, 7 Hampshire Avenue, Case No. 1630: Mr. Lee read the public hearing notice. Mr. Lee read comments from Greg Meister, Conservation Agent, dated December 10, 2008 stating he had no objections to this petition. Mr. Lee read comments from Jim Andrews, Health Agent dated December 9, 2008 stating that the Holzman’s require a septic upgrade which has already been designed and approved by the Board of Health, Permit No. 8778.

Ms. Holzman stated they would like to add a family room and office to allow them to work from their home. Mr. Wernick asked the sideyard dimension and Mr. Lee stated it was 20’. He further stated that the relief the Holzman’s are seeking is based on lot lot size because they are in the Groundwater Protection District. Their home is on a half acre lot. He asked the applicants to walk the board through the layout of the house.

Ms. Holzman stated their home is a multi-level and they have lived here for nine years. There are stair from the living room to three bedrooms and a bathroom. The kitchen and dining room are on the first level and they have a finished basement in the lower level. Mr. Lee asked if they will be adding a full foundation and Ms. Holzman stated yes. Mr. Lee stated that because they are adding a family room and new bathroom, the board doesn’t want this to be converted to an apartment in the future. Mr. Wernick asked if the septic system will be for a three bedroom house and Mr. Lee stated yes. Mr. Lee stated that a condition of approval would be that the home is presently a 3-bedroom and will remain a 3-bedroom. Mr. Lee questioned the installation of a sink in the proposed family room addition. Mr. Holzman stated they would like the sink so they can make coffee if they want to. Mr. Wernick stated he just doesn’t want another bedroom to crop up. Mr. Lee stated that their neighbors would not want an apartment there when or if they move.

Mr. Lee stated they did a nice job with the plans.

There were two neighbors present, both who were in favor of this application. There were no further public comments.

Mr. Lee closed the public hearing.

Mr. Lee moved to approve the addition at 7 Hampshire Avenue with the board’s standard conditions and two special conditions: 1) the house is a three bedroom home presently and will remain a 3-bedroom and 2) the septic system shall be upgraded as required by the Board of Health. Motion seconded by Mr. Wernick and voted 3-0-0 (Wernick, Ruskin, Lee).

8:20 p.m. Metro PCS, 149 East Street, Case No. 1629: Mr. Lee read the public hearing notice. The applicant was represented by Ricardo Sousa, Esq., Gerry Squires, Acquisition Agent for MetroPCS, and Ralph Coupay, Network Designer.

Mr. Sousa stated they would like to add three antennas at 104’ onto an existing tower, which already has three other carriers on it. They are planning on placing the cabinets within the fence compound. When Sprint first proposed this, it was denied by the town. The three carriers are Sprint, T-mobile, and MetroPCS. They will accept as a condition of approval the need to apply to the FCC.

Mr. Ruskin asked if there antennas will be the same as what is presently in place and Mr. Sousa stated the style is the same, but they look a little different. Mr. Lee asked if he thought they could go below the 104’ and Mr. Sousa stated he has seen carriers go lower, but it depends upon the network. Presently on the pole now are Verizon and AT&T. There may possibly be lower poles in town.

Accordng to Mr. Sousa, MetroPCS is the newest entrant to the market place. He stated that the pole could accommodate another carrier. Mr. Lee stated that the town encourages co-locations. Mr. Sousa stated that MetroPCS is building a network from scratch. T hey will offer flat rate and prepaid plans to the public.

Ralph Coupay showed the board a map which identified the neighboring town and the coverage that would be offered. Mr. Sousa stated that the Upland Road water tank would most likely be part of their network. Further, the majority of users that want to use this network will be able to as there will be quite a large area even at 104’. They are trying to utilize existing structures as much as possible. Mr. Lee stated they are seeking a special permit because they are required to do so.

Mr. Sousa stated that Section 6110 as advertised should not be referenced. He further stated that Tab 2 in his handout specifically addresses only Section s 4600 and 6312. Mr. Lee stated this petition will not adversely affect the neighborhood. Mr. Sousa stated that the only change to the current tower is there will be another antenna, but it will be hidden from the public. The golf course will remain as is. They also do comply with the FCC guidelines. He stated that the town can hire a consultant to make sure what comes out is proper. They can reimburse the town up to $4,000 to provide this study. They feel, however, that this application fully complies with the bylaw.

Mr. Lee asked for board comments. There were none at this time. Mr. Lee asked for public comments.

Nicole V., an abutter, stated the tower is located 50 yards from her back yard. She has three children under ten and is concerned about the radio frequency emissions. She asked what types of studies have been done to show the impact on children. She also questioned the impact of this on her property value and asked what type of compensation would be made to the people in the neighborhood. Mr. Sousa stated the Telecommunications Act states that these towers cannot be denied for health effects. The federal government says these are safe. The board can hire a consultant to make sure this request complies to FCC standards. A study will show the percentage of emissions set by the FCC. Further, they are at 1% emissions ten feet from the tower at ground level. Nicole asked if there is proof of this and Mr. Sousa stated he doesn’t have that, but the board could obtain it. Mr. Lee stated that the Harvard School of Health did a study, but we don’t have a copy. Mr. Ruskin stated that his company, Genzyme, couldn’t locate that study either. Mr. Sousa stated there are studies that show these towers are safe. Mr. Lee stated there are other cell towers being proposed in town, one at 215 S. Main Street and 4 North Main Street; therefore, we would like as much information as possible.

Mr. Lee stated that we came to a settlement agreement previously on this site. We got the tower as far from the abutters as possibly as it is on the fifth tee. It is still a viable structure, but we have done what we could to mitigate this for the neighbors.

There were no further questions from the board or the public. Mr. Lee asked the applicant’s attorney, Rick Sousa, to draft a decision for the Zoning Board and town counsel’s review including conditions set forth for previous antennas.

Mr. Lee moved to approve Case No. 1629 for an antenna to be co-located at 149 East Street with conditions as cited for previous cell tower applications. Motion seconded by Mr. Wernick. After a brief discussion, Mr. Lee agreed to withdraw his motion; Mr. Wernick withdrew his second. Mr. Lee asked Mr. Sousa to forward the draft decision to the board’s secretary so it could be forwarded to the board for review. Mr. Sousa agreed.

An abutter asked if it can’t be denied for health reasons, how can it be denied? Mr. Lee stated very little as it is not detrimental to the neighborhood and also because there are three other carriers already on the pole. Nicole asked what is detrimental? Mr. Wernick stated that are others already approved and in place at this site, so we could not at this point find it detrimental. Nicole doesn’t agree. She feels a cell phone is a luxury. Mr. Lee stated that is subjective.

Mr. Sousa asked that the hearing be closed. Mr. Lee closed the public hearing as per request of the applicant. He placed this on the January 14, 2009 agenda to be voted. He reminded the applicant there will be no further testimony taken at that time.

Other Business:

Decision - Ingrid Miller, 84 Oak Hill Drive, Case No. 1627: Mr. Lee moved to accept the decision as prepared and submitted to the board by Atty. Joel Fishman. Motion seconded by Mr. Wernick and voted 3-0-0 (Lee, Okstein, Wernick).

It was moved, seconded and voted to adjourn. The meeting adjourned at 9:10 p.m.

Respectfully submitted,

Minutes accepted 4/22/09