Minutes of the Zoning Board of Appeals Meeting of 5/17/07
Meeting convened at 7:40 pm in the Donaldson Conference Room at the Town Offices. Present: John Kimball, Joel Freedman, Pamela Green, Anna Hardman, Jeff Macklin, and Win Quayle, and Dorothy Blakeley, ZBA Clerk. Ms. Green chaired the meeting.
Continuances:
T-Mobile Application for use and dimensional variances to permit construction of a wireless facility at 22 Red Rail Farm Lane.
Pamela Green noted that all zoning board records are public and may be viewed by anyone making an appointment for that purpose through the Clerk to the Zoning Board of Appeals.
Adam Braillard, Esq. of Prince, Lobel, Glovsky and Tye, counsel for the applicant, appeared with Rakesh Goel, member of the T-Mobile radio engineering department.
Many questions were posed by Board members and others, some of which are noted below:
The Board asked if the applicant has collected data on the number of cars passing along that route that the applicant believes is underserved by existing wireless communications services. Mr. Braillard said the applicant would provide data responsive to that request. The Board then asked if the applicant is looking at in-building users of wireless services within a specific geographic area. Did they have a number representing the additional persons who would be served by the erection of the wireless facility on the proposed site? Mr. Braillard said their primary objective was to serve both residential users and also drivers.
The Board noted that the applicant had stated in a previous filing that other carriers would co-locate on this proposed tower. It asked if this co-location is a likely imminent event. Mr. Braillard answered that there has been no specific interest expressed by other providers of wireless communication services, but that the applicant has not solicited proposals for co-location or sent information to other carriers.
Mr. Braillard was asked whether the applicant has plans to request towers in towns in close proximity to Lincoln. He responded that the applicant is actively pursuing sites in Concord, Wayland and Sudbury. Applicant’s counsel was asked whether the applicant has plans to request towers elsewhere in Lincoln. Mr.Braillard noted that that T-Mobile has pulled back on a few sites, but that the Acquisition Department is interested in sites outside the overlay district.
Mr. Braillard was asked whether there are any steps to minimize the visual detriment of a tall tower at the proposed site. He responded that, in terms of structure, the quick answer is no. Applicant would prefer flagpole of tree color or dark color.
The Board asked is T-Mobile has access to the site. Mr. Braillard responded that in reading the existing articles and reviewing the declaration of trust, the applicant did not see any objections to get to the subject parcel.
The Board asked if there is any more information on roaming. Mr. Braillard said the applicant does not have roaming agreements within this area with other carriers.
Mr. Braillard was questioned specifically what other site were explored in Lincoln other than the proposed Red Rail site. He said other alternatives within and outside the overlay district were explored by a “facility team” who go out and survey, what the applicant calls “scrub the site.” They looked at the existing steeple at St. Anne’s Church at 147 Concord Road and found that the steeple could not provide the coverage they would need. The applicant also looked at the Thoreau Institute and possibility of constructing a new tower at that site. The Thoreau Institute was not interested, so this alternative was not available. The applicant also contacted the Lincoln Fuel Station at 110 Concord Road and concluded that this site is also not available to the applicant.
The Board asked about the possibility of telephone mounted antennas used in conjunction with the towers within the overlay district. Mr. Braillard responded that the problem with this solution is that it provides for more relief than the applicant needs. This would only cover the street area and not the secondary roads as the trees are too tall in this area. The Board noted that regarding a question of need, if there is a 120 foot tower at the Public Safety site, then there would be coverage all the way up to the Baker Bridge Road and the remaining coverage needed could perhaps be provided with antennas mounted on telephone poles. Mr. Braillard responded that this would be asking the applicant to provide other site solutions and that the applicant does not see any other possible alternatives.
The Board’s expert, David Maxson, of Broadcast Signal Lab, reviewed the maps and other information submitted. He said we need a more detailed analysis of the traffic and perceived gaps in service along Route 126 in the vicinity of the proposed tower.
A Board member asked whether there is any information on the effect of locating antennas at a lower height than 100 feet on the proposed monopole. The applicant’s radio engineer, Rakesh Goel, responded that the minimum height is 100 feet to provide coverage above the “clutter,” a term used by the applicant for anything on the ground, including buildings and trees. Mr. Braillard added that ideally the tower would be higher than the proposed 100 feet. But after the applicant conducted an analysis of the average tree height, they decided that anything taller would be obtrusive to the neighbors. Mr. Braillard also noted that the company tries to design a height that would be suitable for other potential carriers to co-locate; i.e. if a tower is 60 feet call, it would be as attractive
as a co-location site for other carriers as a higher tower would.
The Board asked if the applicant could provide the Board with coverage maps showing the effects on coverage of towers of lower heights. Mr. Braillard agreed that the applicant could provide such data. Bob Domnitz, from the Planning Board, noted that the Planning Board can approve towers up to 120 feet.
Mr. Maxson said that the applicant may want to consider repositioning the tower, perhaps a barn or a fake silo. Mr. Braillard responded that if the monopole were enclosed in a silo, the silo would have to be 100 feet high, making it look out of proportion with the rest of the buildings at Red Rail Farm.
The Board asked if the applicant would consider doing a visual simulation of the proposed monopole’s visual impact using a crane. Mr. Braillard said he believed the applicant had a consultant that performed a balloon test at 100 feet and at 120 feet, but he was not sure of the exact date of the test and he would ask the applicant. The Board noted that no members of the BOA or the Planning Board has been present if an earlier test was performed and the public officials and interested parties would naturally want to be present at any such test.
Bob Domnitz, Chair of the Planning Board, speaking on behalf of the PB, noted that he believed there is no variance needed for the Public Safety Site. Mr. Domnitz asked if the applicant has sought permission from the state to look at the possibility of locating a wireless communication facility at Walden State Park. Mr. Braillard said the applicant had not explored this possibility.
Mr. Domnitz reiterated his concern that the Planning Board had not been involved or consulted in the applicant’s search for a location that would suit its needs. Mr. Domnitz also noted that the Planning Board was communicating with T-Mobile in the late fall of last year and into January of this year and received an application from them on January 7th for another site within the wireless overlay district and no mention was made of the application for a variance that was to be submitted to the ZBA on January 24, 2007. Applicants for special permits for wireless facilities within the Wireless Overlay District are required to make full disclosure of their existing WCF’s as well as “proposed facilities to be applied for over the next 20 months by the applicant’s wireless
communications service provider company” under Section 12.6.4 (b) of the bylaw.
Mr. Braillard said that in his opinion the applicant has always acted in good faith in its dealings with the Town. He did not deny that the applicant had not advised the Planning Board of its intent to file an application for use and dimensional variances concerning a site outside the Wireless Overlay District.
The Board read a short letter from the Lincoln Conservation Commission dated May 16, 2007 into the record. Lucretia Giese, Chair of the Lincoln Historical Commission, stated her concerns regarding the historical significance of the site, which dates back to the 18th century.
Ann Booth, 145 Old Concord Road, said that, in her opinion, using a cell phone on this particular section of Route 126 seems unsafe and crazy. Rob Webb, 9 Old Concord Road, said he crosses Route 126 twice a day. He noted that the speed limit applicable to this stretch of road allows 40 miles per hour and sees no reason why someone could not pull over to make a call. He expressed his view that the erection of the proposed monopole would be a sacrilege to this historic site.
Gustav Beerel, 25 Red Rail Farm Road, a trustee of the Red Rail Farm Trust, along with John Rice, 21 Red Rail Farm Road (both abutters) noted that the Trust has not been approached by the applicant regarding access to the site. The trust is comprised of 5 members, 4 abutters and Kimmond Johnson, owner of the land on which the applicant proposed to erect its monopole. Mr. Beerel stated the Trust is adamantly against this proposed cell tower.
Nadie Rice, 31 Red Rail Farm, asked about whether or not additional utility lines would have to be installed, requiring access to the common driveway. Mr. Braillard responded that with respect to the access issue, the power company has some sort of interest in the form of easements. Mr. Kimball noted that to get to the point of issuing a variance, the Board would need to see a detailed lease agreement.
Board members asked about the equipment shelter to be erected at the base of the monopole. Mr. Braillard said that equipment installation for this monopole consists of four refrigerator-sized boxes and three cabinets with separate cooling systems. Mr. Adams asked “how much sound will be emitted from this equipment?” Mr. Domnitz noted that the acoustical standard in the bylaw is that acoustic emissions must be “inaudible on neighboring parcels in residential zoning districts” under the terms of the Lincoln Wireless Overlay District Bylaw.
The Board asked the applicant’s counsel to describe the sound that would be emitted by the cooling system. Mr. Braillard responded that the cooling mechanism produces approximately the same noise level as a window air conditioning unit. Mr. Domnitz added that there are technical solutions to muffle sound. Ms. Green stated we need information on the visual impact and the acoustical impact of the monopole itself and the equipment shelter.
Barbara Rhines, 137 Old Concord Road, asked if the proposed monopole or the equipment shed or shelter would need to be lighted. Mr. Braillard said that there would be no light at the top of the monopole but that, at the base of the tower, there would be motion detector light or lights but he wasn’t sure of the size or number required. Mr. Braillard further noted that would no light emitted from the cabinets.
Mr. Beerel expressed his opinion that even if the monopole were erected as proposed, calls may still be dropped along Route 126 as it enters the Town of Concord. Mr. Maxson concurred with this view. Mr. Goel, the applicant’s engineer, seemed to concur that a gap in wireless services will exist for the applicant in Concord whether or not this facility is permitted as planned or not.
Mr. Domnitz asked about whether the applicant had explored the possibility of a tower at the top of Pine Hill, a site owned by the Town of Concord. It was noted that there might be some easement issues. It appeared that the applicant had not taken steps to explore this possible alternative to the proposed location.
Ms. Green noted that the record of the hearing would remain open to receive additional information from the applicant, including the results of a visual impact test, to be performed, if possible.
Action: Hearing continued until June 21, 2007. Panel includes Pamela Green, Chair, members John Kimball, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle. John Kimball is the Decision Writer.
Administrative Matters:
Pending Roster Distributed.
Meeting Adjourned at 10:15 pm
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