SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 8, 2009

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, July 8, 2009 at 8:00 P.M. in the lower level of the Town Office Building.  The following members were present:  John Lee, Chairman; Kevin McCarville, Lee Wernick, Seth Ruskin and Walter Newman.  Mr. Lee called the meeting to order at 8:00 P.M.

Minutes:                  Mr. Wenick moved to accept the minutes of May 13, 2009, May 27, 2009 and June 10, 2009 as submitted.  Motion seconded by Mr. Ruskin and voted 4-0-0.

Appointments:

8:15 P.M.              Omnipoint, Case No. 1636, 438 Massapoag Avenue:  Mr. Lee read the public hearing notice and also letters received from Greg Meister and Jim Andrews.  The applicant was represented by Atty. Jacqueline Murray.  She stated that the zoning bylaw allows the installation of antennas in districts where there is a pre-existing structure.  Omnipoint is seeking a permit to add antennas in the Rural 2 district within the groundwater protection overlay district.  They are proposing to install seven antennas at the 72’ centerline of an 80’ water tower.  They will paint them to match the color of the water tank.  There will also be a 10’x20’ area to be used as a pad and they are planning to extend the existing fence.  Maintenance personnel will be accessing this site periodically.

Mr. Lee asked if there are already antennas on the water tank and Ms. Murray stated yes.  They are proposing that the top of the antennas will be right along the rim of the tank.  MetroPCS is presently below that.  There will be no interference among the carriers.  Mr. Lee stated it appears that Omnipoint will have the top position on the water tank even though MetroPCS is already there and Ms. Murray stated that is correct.  She also stated that this will not cause interference according to their engineers.  They did however eliminate two antennas because it did create interference.

Scott Heffernan, T-Mobile:  stated that typically the first in has the right to seek transmission and every carrier after them has to guarantee they will not cause interference to a licensed installer on the pole or tank.  They try to make sure that steps are in place so there is no interference at all.  Further, 10’ spacing is a comfortable distance for any carrier and they have never seen problems with that.  Mr. McCarville asked if  they work with first in carrier in order that there would be no turf wars.  Mr. Heffernan stated that is correct and they all get along.  There is a mutual understanding among the carriers.  He stated that under the license agreements they cannot cause interferences.  The FCC takes this very seriously and there are hefty fines if there is a problem.  Mr. Ruskin asked if we are approving the positions on the tank and Mr. Lee stated that the RFP is put out by the town and our approval of that makes it acceptable.

Ms. Murray stated that this site was identified by T-Mobile to have a gap in coverage.  Those areas are Massapoag Avenue and Horizon Road and Morse Street and Mansfield Street.  She had a map showing the areas that she felt to lack adequate service.

Wendy Lou, 15 Briar View Road:  she lives across the street from this site and doesn’t think that Borderland needs coverage.  Ms. Murray stated the main coverage is Massapoag Avenue and Horizon Road.  Mr. Lee stated that the Sharon portion of Borderland State Park now will have coverage, not just the Sharon portion of the parking lot.   Ms. Lou stated she doesn’t feel that is necessary.  Mr. Newman stated he feels this is a safety issue.  Mr. Heffernan stated they will gain a 1.5 mile coverage radius from this location.  Mr. McCarville asked if Morse Street gets any coverage and Ms. Murray stated not from this site.  Mr. Wernick stated that Capen Hill cuts off that area.  Mr. Ruskin asked who is the provider and Ms. Murray stated T-Mobile.

Deborah Sherman, 19 Briar Hill Road:  she is concerned with the grounds around this area.  A number of trees have been removed where the pad will be and there is also a generator that is noisy at night.  Mr. Lee asked if she is sure there is a generator and Mr. Heffernan stated it is an air conditioner, not a generator.  Ms. Murray stated that their equipment will be in outdoor cabinets. 

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Mr. Lee stated we can require trees to be planted around the fenced in enclosures.  We can also discuss what type of fencing will be required and we can also require vegetation or trees that would give more of a buffer.  Mr. McCarville stated that the foliage will also buffer the sounds.  Mr. Lee if you can actually see the fenced in area from the road.

Elizabeth Davis, 14 Briar Hill Road:  stated yes.   Her experiences with the communications facility have not been pleasant and they are hesitant about the expanded use.

Dan Davis, 14 Briar Hill Road:  asked to see the schematic showing what is proposed.  Ms. Murray stated they are proposing to install within a 10’x20’ area on a concrete pad with equipment cabinets.  They are 72” in height and operate at 50 decibels.  They are proposing to put their equipment on the back of the water tank which will be set back from what is already there.

Mr. Heffernan stated that each cabinet is capable of handling three sectors and four radios.  Mr. McCarville asked what is a radio sector and Mr. Heffernan stated it is a transmitter.  Each is operated at a pre-defined output.  It is similar to cabling your house with a splitter.  Each radio gets split out to a common path and each additional cabinet is to handle capacity.  Mr. Lee asked how many cabinets will be on this slab if approved and Mr. Heffernan stated just one and then a second one down the road if necessary.

Jeff Zwicker, 16 Briar Hill Road:  stated he is an oncologist with a two year old and lives about 100’ away and wants to know about the frequency issues and what the health issues are.  Mr. Lee stated we have a report that was done for other sites that Mr. Zwicker can read.  Mr. Heffernan stated that being 100’ away and lower than the water tank would reduce the amount of energy broadcast in that area.  It is like a flashlight.  There will be a small amount of power and it reduces the amount of energy.  It would be around 1% of what the FCC allows.  It is a very low powered installation.  Mr. Zwicker feels it may not be as dramatic as one would expect.  He could be less than 100’.  His house is to the left of the tank.

Thomas Lou, 15 Briar Hill Road:  Why do you have to put the facility on the Briar Hill site instead of Massapoag?  Mr. Lee stated that is a good question and if someone could come up with a better place, please let us know.

Elizabeth Davis, 14 Briar Hill Road:  the way the tower sits now, the access road takes up a lot of space and the other carrier is on site, so this one has to go where it is suggested.

Dan Davis, 14 Briar Hill Road:  There was a path that was cut from Briar Hill up to the tower and it involved clearing trees, which also increased the visibility of the equipment.  Mr. Lee stated there was no discussion of a road at the public hearing.  Mr. Davis stated it is a path, not a road.  Mr. Lee asked who did it, was it the Water Company?  We had a condition of approval that access would be only through a paved road.  No one knew anything about the path.  Ms. Murray stated that the way it is shown on the plan.  Mr. Lee asked if they needed it to bring up equipment and Ms. Sherman stated yes.

Chris Zirps, 19 Briar Hill Road:  doesn’t know if that is the reason.

Mr. Lee stated we could make it clear that the only access in the future would be via Massapoag Avenue.  He will talk to the building inspector to find out what previously happened.  The intent was never to have access via Briar Hill Road.

Dan Davis, 14 Briar Hill Road: asked why there is a limit to the number of providers at this site.  Ms. Murray stated that is a result of the request of the town of Sharon.  Right now there is only T-Mobile and MetroPCS.  Mr. Lee stated that these people were solicited by the town of Sharon.  Mr. Davis asked how we can keep this from becoming a small industrial park and Mr. Wernick stated they should meet with the Board of Selectmen.  Mr. McCarville stated that the bylaws also play into this.  Mr. Lee stated our bylaws encourage multiple carriers.  He asked if Mr. Davis was opposed to more tenants.  Mr. Davis stated he would like no more in this area. 

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There are also big propane tanks that pose a safety risk and also a security risk.  There is also increased graffiti on the water tank.  Mr. Newman asked where the propane tanks are and Mr. Davis stated right next to the water tank.  Ms. Murray stated she doesn’t know anything about those.  Mr. Lee stated they could belong to the town.  Ms. Sherman stated this area is becoming a hang out for the kids and she can hear voices at night coming from this area.  Mr. Davis stated that the gate is also bent.  Mr. Newman stated that would be a police matter.  Mr. Lee agrees it is a police issue and the abutters should make a phone call to them.

Chris Zirps, 19 Briar Hill Road:  as far as the noise, Ms. Murray stated there would be up to three units at 50 decibels each.  Ms. Murray stated there would be a maximum of 50 decibels per cabinet.  Mr. Zirps asked if it would be continuous noise and Ms. Murray stated yes, but it would be under 50 decibels.  The second level would be like a quiet office or bedroom.  Mr. Zirps asked at what distance and Ms. Murray stated 13’.  Mr. Davis asked if the equipment can be placed behind the current provider’s cabinets.  Ms. Murray stated that would create security issues.  They are going to extend the existing fence and stay within the compound that is secured.

Jeff  Zwicker:  there is a lot of graffiti.  Mr. Lee stated he needs to call the police.  Mr. Lee asked the applicant if they have to keep away from the base of the tower and Ms. Murray stated they prefer to be as close as possible, but there needs to be room for the trucks to circle the tower for maintenance purposes.

Thomas Lou, 15 Briar Hill Road:  he would like information on the carriers that are there.  Mr. Lee stated there is MetroPCS, but he doesn’t know a lot about them.  Mr. Newman stated they have to file reports with the town regularly.  Therefore, the Board of Health and Selectmen should have records that anyone can read.  That is addressed under Section 4670 in the zoning bylaw.  They are supposed to file reports with us and the town clerk also.  Mr. Lou stated he is concerned that there is no limit to the number of carriers.  Mr. Newman asked what is to prevent integration of facilities on these towers.  What is to prevent sharing of facilities?  Mr. Heffernan stated space and equipment.  Some operate under different ranges.  Each carrier also has different design criteria and characteristics.  These networks are very dynamic.  Mr. Newman stated they need electricity and asked how they will get that at this site.  Mr. Heffernan stated there is probably electricity there.  There is typically a meter bank there and each carrier will have a separate meter.  Ms. Murray stated it does show on the plan there is electricity at this site.  Mr. Newman asked if they will use the existing lines and Ms. Murray stated yes.

Mr. Lee stated that last time, the Board required a green chain link fence.  If approved, what do the neighbors want.  We want to make this less visible to the neighborhood.  Elizabeth Davis stated she would like green chain link fencing and evergreens.  Mr. Lee stated we could require the planting of 4’ arborvitaes around the fence line every 3’.  Mr. Newman stated he feels 6’ is sufficient.  Ms. Sherman asked for white pines.  Ms. Davis stated she would just like something that will block the view in the winter.  Mr. Lee stated that hemlocks would be better.

Thomas Lou, 15 Briar Hill Road:  he is concerned with radiation and what do the people that live on Briar Hill Road get out of this.  Elizabeth Davis stated this doesn’t address problems on Briar Hill Road.  Ms. Murray stated yes it does. Mr. Ruskin stated he feels these issues belong before the Selectmen.  The town gets something, but the people living in that part of the community affected don’t get anything.  Mr. Lee stated we don’t even know how much they are getting paid.  Anyone can call the Selectmen and find out.

Mike Feldman, 11 Pleasant Park Road:  can we ask them?  Ms. Murray stated it is public record and he can contact them.  Mr. Lee stated that is not an issue for the zoning board.  Ms. Murray stated she doesn’t know how much it is.  Mr. Lee stated we thought it was $3,000/month per antenna, but that is not an official answer.  Mr. Ruskin stated that is a trade-off for the community.  Mr. Lee stated that people should be aware that when they vote for something at town meeting, it is at a cost to another neighborhood.  Mr. Lou asked if something would be taken off their property taxes.  Mr. Lee stated that usually doesn’t go over well with the Assessors’ office.

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Ms. Zwicker asked what happens now.  Mr. Lee stated that the Zoning Board will discuss this, close the hearing and then vote.  Mr. Zwicker asked if it would be fair to ask about radiation.  Mr. Lee stated we can’t consider the health issues because they have some leverage from the FCC.   Mr. Newman stated we do ask for an independent consultant prior to putting the facility in that report shall be prepared and submitted to many boards.  There is both pre-activation and post-activation testing.  Mr. McCarville read from the letter that was signed by the Board of Selectmen.

Wendy Lou, 15 Briar Hill Road:  asked about 2 N. Main Street.  Mr. Lee stated that was denied.  Ms. Lou asked if that is the end of it and Mr. Lee stated it is never the end.  Mr. Davis asked how they find out how many providers can be on this tower.  Mr. Lee stated that no one will want to go on if they have to be too low.  We don’t have that answer.  He asked the applicant typically how many carriers might be there and Mr. Heffernan stated it is tough to say.  Terrain can be an issue and also who wants coverage in a particular area.

There were no further comments or questions from the board, the applicant or the public.

The board discussed special conditions for this application.  It was agreed that 1) the applicant shall provide 6” hemlocks every 3’ on center; 2) green plastic coated chain link with woven slats around the 10’x20’ enclosure; 3) access via Massapoag Avenue only; 4) no general clearing; 5) the applicant shall be in total compliance with Section 4670 of the Sharon Zoning  Bylaws.

Elizabeth Davis:  her preference is for this not to happen at all.  She does ask that the zoning board do their best to help them with this.  Mr. Lee stated we are trying to work with the neighbors.  Ms. Davis stated she doesn’t know what any of the other concerns are.  Mr. Lee stated we have dealt with the access.  No access through Briar Hill and it will be only 50 decibels.  Mr. Wernick asked if we are only dealing with the small area shown on the plans and Mr. Lee stated yes.

Mr. Lee closed the public hearing.  He stated that Mr. Wernick, Mr. McCarville and Mr. Lee will be voting.

Mr. Wernick stated he is okay with the conditions and Mr. Newman stated he feels this is as good a place as any for this request.  Mr. Ruskin agrees.  Mr. Wernick moved to approve this application with the previous five special conditions as stated.  Motion seconded by Mr. McCarville and voted 3-0-0. Mr. Lee asked that he be sent a copy of this decision before it is filed and also it is not necessary to send a copy for review by town counsel.

9:35 P.M.              Omnipoint, Case No. 1626, 215 S. Main Street Continued Hearing:  Mr. Lee informed the applicant’s attorney, Edward Pare,  that Mr. Okstein is not present tonight.  The applicant requested that this hearing be continued without testimony to the next meeting.  Mr. Lee continued this hearing to July 22, 2009.

Continued Hearings: 

Ronald Lubin, 12 King Philip Road, Case No. 1625:  Mr. Lee continued this hearing to December 9, 2009 per request of the applicant.

Tran, 25 Meadow Road, Case No. 1631:  Mr. Lee continued this hearing to December 9, 2009 per request of Tracy Sharkey on behalf of the applicant.

Other Business:

Sharon Residences, Case No. 1632 Discussion:  One of the abutters, Anthony DiCippio, stated that he met with Robert Shelmerdine and he feels that discussion went no where. He also talked today with Robert Crenshaw from the Congress Group who said they were not willing to do anything at all, but that Mr. DiCippio could do whatever he wanted to do.  Mr. Lee stated that Bob Shelmerdine told him there would be a gravel turn-around done by next week. 

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Mr. DiCippio asked if there are things that the Zoning Board can do that will require him to do that.  Mr. Lee stated that we have approved a site design and road lay-out.  We also do have a “look back” provision so we can go back and tell the applicant there are certain things they need to do because the project has not proceeded as planned.  Mr. McCarville asked if the word “Construction” encompasses this problem.  Mr. Lee stated we talked about “catastrophic failure”.  This is just a failure.  Mr. Lee asked the abutters what they want.  Mr. DiCippio stated 8’ trees and a fence around the perimeter, which is roughly about 800’.  Mr. Lee stated that would come to about $8-10,000 in fencing plus plantings.  Mr. DiCippio stated they are going into this site in three different spots.  Mr. Lee stated that Old Post Road never had the 50’ buffer, just South Walpole Street did.  Mr. DiCippio stated the person from the Congress Group that he talked with claims there are no tenants there as the ones that he had are gone.  The guy also said they have no money and this project is not going any where for at least a year. He stated that Mr. DiCippio can do anything he wants to.  They have no tenants on the table right now.  Mr. Lee stated the board will have the Sharon Residence people come in to our next meeting.  We will tell them if they are not going forward, we need to do something for the abutters.

Brian Florek, Old Post Road:  asked if they can keep reapplying for the bond?  Mr. Lee stated that would be at the board’s discretion.  Mr. McCarville stated these abutters deserve some help.

Mr. Lee continued this discussion to July 22, 2009.  He stated we will discuss the 6’ fence and plantings.  He asked them to measure how much fence is actually needed.  Mr. Lee will call Mr. Shelmerdine to ask him to come in also as we are seeking relief for the neighbors.’

Omnipoint, 2 N. Main Street, Case No. 1628:  Mr. Lee endorsed the decision and agreed it was ready for filing with the town clerk.  He asked that a copy be emailed to Jacqueline Murray.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 10:30 P.M.

                                                                                Respectfully submitted,