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HomeMy Public PortalAboutPlanning Board -- 2004-06-02 Minutes Vk F-IIWtrSOiiiiiiii,�� D 0 ,o�` �" ' y Brewster Planning Board O •h J / pv sr — _,�5 _ 2198 Main Street BREWSTER (CENTENNIAL Brewster, Massachusetts 02631-1898 �• - Q (508) 896-3701 Q /� ��llltfrfllllll�ltlltttt����\o\ORPOlk � F/i/�i � l \ AX (508) 896-8089 TOWN OF BREWSTER MINUTES OF PLANNING BOARD Tuesday, June 2, 2004 7:00 P.M. Brewster Town Office Building 1. Present: Chairman Taylor convened the Planning Board meeting at 7:OOPM in the Brewster Town Office Building with members Henchy, Pierce, McMullen, Linda Bugle, Bob Bugle, and Remy present. 2. 7:05PM LEGAL HEARING — #SP2004-15 PERSONAL WIRELESS SERVICES COMMUNICATION FACILITIES SPECIAL PERMIT — Omnipoint Holdings Inc./T-Mobile USA Inc.— addition of a ten-foot section of lattice to the existing tower, the installation of antennas on the extension and the placement of equipment cabinetry within the existing compound. 3. Chairman Taylor opened the hearing at 7:05PM by reading the legal advertisement and making the applicant and parties in interest aware of their rights to appeal as required under Chapter 40A, Section 17. She stated that, during the hearing, any member of the Board or interested party may direct questions relating to the proposal through the Chairman to a speaker. She asked the applicant to make their presentation. 4. Present (representing the Applicant): Mora Sullivan, representing T-Mobile; Attorney Craig M. Tateronis; Police Chief Ehrhart and abutters. 5. Sullivan — the Applicant seeks to expand the existing 120' Tower to 133' on the Tower and to install cables and appurtenant base equipment. All the Applicant's ground equipment will be located within the existing fenced compound located on the property. 6. Sullivan — On February 10, 2004, the Town of Brewster Zoning Board of Appeals (ZBA) modified the original special permit for the Tower and approved its extension and the co-location of the Applicant's proposed telecommunications facility, thereupon. The original special permit limited the number of carriers permitted upon and the height of the tower. Pursuant to Section 40.1.5.1 of the Zoning Bylaw, the applicant has filed for and received Pre-filing Review and Approval by the Development Plan Review Committee (DPRC) and the Board is vested with the authority to grant the requested relief in accordance with Section 40.1.7.2 of the Zoning By-law. 7. Sullivan - The Applicant is licensed by the Federal Communications Commission to construct and operate a wireless telecommunications network in various markets throughout the country, including the Page 1 of 8, Minutes of 6/2/2004 Commonwealth of Massachusetts and in particular in the Town of Brewster. A copy of the Applicant's FCC license is attached hereto. The Applicant is in the process of designing and constructing a telecommunications system to serve all of the State of Massachusetts. One of the key design objectives of its systems is to provide seamless coverage. Such a system requires a grid of radio transmitting and receiving links located approximately 1 to 2 miles apart, depending on the location of existing and proposed installations in the surrounding area, the use of the existing network and the existing topography. The radio transmitting and receiving facilities operate on a line-of-sight basis, requiring a clear path from the facility to the user on the ground. This dynamic requires the antennas to be located above the tree line, and in a location where the signal is not obstructed or degraded by other buildings or by topographical features such as hills. 8. Sullivan - The Applicant has performed a study of radio frequency coverage for the Town of Brewster and from the Property,the results of which are shown on the coverage maps submitted herewith. The Applicant has determined that a telecommunications facility located on the Property will provide adequate coverage to the targeted sections of the Town of Brewster and the immediately surrounding area if the Applicant's antennas are located at the requested height of 130 feet(centerline of the antennas). In connection herewith, the Applicant has submitted radio frequency propagation maps, which show their current coverage and the gap in coverage that the proposed site will fill, and a radio frequency propagation map showing the anticipated coverage from the site. 9. Sullivan - As shown on the Plans, the facility will require the expansion of the existing Tower by thirteen (IY) feet and the addition of ground equipment within the existing fenced compound consisting of equipment cabinets located at the base of the Tower and coaxial cable that connects the antennas to the cabinets. 10. After installation, the facility will be unmanned and will only require twice a month maintenance visits per carrier. The only utilities required to operate this facility are standard 120-volt electrical power as well as telephone service. These are presently in place at the Property. The traffic generated by the facility will be about two vehicle trips per month by maintenance personnel who will inspect the facility to ensure it remains in good working order. The facility will comply with all applicable local, state and federal safety codes. 11. Sullivan - Pursuant to Sections 40.1.5.1.D, 40.1.5.2, 40.1.5.3, 40.1.5.4, and 40.1.7.2 of the Zoning By-law, the Applicant requests a special permit to extend Tower and operate wireless communications facilities from the Property. 12. Sullivan- Facts supporting this request: a. 40.1.5.1 —Use Regulations - Under Section 40.1.5.1.D, "PWSCF's may co-locate on any existing structure, including buildings, guyed tower, lattice tower, monopole tower, electric utility transmission tower, fire tower or water tower located in any zoning district" upon review and approval by the DPRC, issuance of a special permit by this Board, issuance of a building permit from the Building Commissioner, proof of ownership or control of the tower site via an existing lease, and any other required local, state and federal approvals. The Applicant has complied, or will comply with all of the above requirements. As set forth above, it has received DPRC approval in connection with the within application. A copy of its existing Site Agreement is attached hereto as Exhibit 11. Upon issuance of a special permit by this Board, it will seek all additional Page 2 of 8, Minutes of 6/2/2004 required approvals, including Old King's Highway Historic District Commission approval and a building permit from the Building Commissioner. b. 40.1.5.2 — Siting Regulations - The Applicant has complied with Section 40.1.5.2 of the By-law by attempting to utilize an existing structure for its proposed facility. Absent the issuance of a special permit by this Board, the Applicant will need to seek approval for a new tower in the immediately surrounding vicinity of the Property to fill its coverage objective. The Applicant's proposal seeks to maximize the utilization of the existing Tower. Pursuant to Section 40.1.5.2.1), the Applicant has submitted RF propagation plots to show how its proposed site will ensure adequate coverage. The Applicant is seeking to meet its coverage objective through minimizing the number of tower structures in the community. C. 40.1.5.3 — Dimensional Requirements - Under Section 40.1.5.3.A, within the Personal Wireless Services and Communications Facilities Overlay District, new towers may be constructed to a height of up to 150' if proposed to accommodate a minimum of four (4) licensed carriers. Although the Applicant is not proposing to construct a new tower, by analogy to Section 40.1.5.3.A, it believes that its proposal falls within the spirit of the By- law as the 13' extension it proposes (which will increase the height of the Tower to 133'), will enable the Tower to accommodate four (4) carriers. This 13 3' height is well below the 150' height authorized under the By-law for towers with up to four (4) carriers. Moreover, pursuant to Section 40.1.5.3.E, new antennas located on "(i) electric transmission and distribution towers; (ii) telephone poles; (iii) similar existing utility structures," shall be exempt from the height restrictions of the Zoning By-law, provided there is no more than a 20' increase in the height of the existing structure as a result of the installation of the PWSCF and further provided that no such structure shall be permitted to exceed 200' in total height above ground elevation. Once again, by analogy, the Applicant believes that its proposal complies with the intent of the By-law as it seeks to utilize an existing structure and expand it by less than 20' to meet its coverage objective. d. 40.1.5.4.13 — Setbacks - Pursuant to Section 40.1.5.4.B, "a fall zone shall not be required since the Applicant proposes to mount on an existing structure, but the set-back provisions of the underlying zoning district shall apply." The Applicant is not proposing any changes to the existing footprint of the Tower or compound area, which currently meets all underlying setback requirements. 13. DECISION—FINDINGS - Section 179-51 1. The co-location of this antenna on an existing communication tower and appurtenant facilities are to be located north of 6A, and therefore centrally located. This is in compliance with section 179-40.1 of the Brewster Zoning By-law. 2. The proposed use will have no detrimental impact on the visual character of the neighborhood. The co-location of this antenna on the existing tower will not appreciably increase whatever visual impact already exists from the current tower installations. 3. The site is approved for the intended use. The installation of the proposed antennas and addition will allow it to adequately service Brewster customers, many of whom presently experience dropped calls or unreliable service due to the lack of a cell facility in this vicinity. Page 3 of 8, Minutes of 6/2/2004 4. The access to the site is adequate for fire, police and other emergency vehicles. The road complies with current access regulations. 5. The proposed addition to the use will create no traffic demand, as it will involve only approximately one round trip per month, by a standard passenger vehicle during normal business hours,for facility maintenance. 6. The requested use will not create an increase in traffic. 7. Parking and loading facilities are not required. 8. The proposed facility will be situated within the existing chain link fenced area. The areas between the fencing and the nearest property lines are well vegetated, minimizing visual impacts of the site. 9. The facility requires no water, or sewer services,and has proper on-site drainage. 10. The site has an existing emergency generator. The site has standard electric and telephone services. 11. The emergency generator is installed on a concrete utility pad. 12. This proposal will not impact any wildlife corridors. 13. The proposed use does comply with all applicable provisions of the Zoning Bylaw. A special permit authorized the existing tower and the proposal consists of the addition of equipment to this existing tower and site. 14. Findings Section 179-40.1.7.2 1. The applicant is not already providing Adequate Coverage and/or Adequate Capacity to the Town of Brewster. -The Applicant has provided RF propagation plots that show its need for coverage in the affected section of Brewster. 2. The applicant is not able to use or modify for use any existing structure or PWSCF located within or outside the town, either with or without the use of Repeaters, to provide Adequate Coverage and/or Adequate Capacity to the Town of Brewster - The Applicant has complied with this requirement by seeking to modify an existing structure for the purpose of meeting its coverage objective. 3. The applicant has endeavored to provide Adequate Coverage and Adequate Capacity to the Town of Brewster with the least number of PWSCF's which is technically and economically feasible - By utilizing an existing structure, the Applicant is seeking to minimize the number of PWSCF's necessary to meet its coverage objective. The only alternative to the proposed extension would be the construction of a new tower of approximately the same height in the area immediately surrounding the Property. 4. The applicant has agreed to rent or lease any available space on the proposed PWSCF tower, under the terms of a fair-market lease, with reasonable conditions and without discrimination to other licensed providers - The Applicant has agreed to lease an existing structure as required hereunder. 5. The proposed PWSCF will not have an undue adverse impact on historic resources, scenic views, natural resources, and/or residential property values - By utilizing an existing tower, the Applicant's proposed facility will not have an undue adverse impact on historic resources, scenic views, natural resources and/or residential property values. The Applicant is merely seeking to increase the height of the existing structure by 13' to meet its coverage objective. As set forth above, absent the grant of a special permit by the Board in connection with its application for the within described proposed facility,the Page 4 of 8, Minutes of 6/2/2004 Applicant would be required to construct a new tower in the immediate area to fill the requirements of its FCC license and meet its coverage objective. 6. The applicant has agreed to implement all reasonable measures to mitigate the potential adverse safety, environmental, and aesthetic impacts of the PWSCF -The Applicant will implement all reasonable measures to mitigate the potential adverse safety, environmental and aesthetic impact of its proposed facility. 7. The proposed PWSCF shall comply with current FCC standards regarding emissions of electromagnetic radiation - The Applicant's proposal complies with current FCC standards regarding emissions of electromagnetic radiation. 8. The applicant has agreed to any maintenance and monitoring requirements set forth in any Regulations promulgated by the Planning Board - The Applicant will agree to any reasonable maintenance and monitoring requirements imposed by the Planning Board pursuant to its regulations. 9. The proposed PWSCF shall be camouflaged and screened to the greatest extent possible to minimize adverse visual impacts; and - The Applicant's proposed facility minimizes adverse visual impact by utilizing an existing structure upon a large parcel that is well screened. 10. The applicant meets the criteria set forth in Section 179-40.1.5 and all performance standards and citing priority requirements contained in any Regulations promulgated by the Planning Board pursuant to Section 179-4.1.10, to the maximum extent practically and economically feasible - As set forth above, the Applicant meets the citing criteria set forth in Section 40.1.5 and all performance standards and siting priority requirements under the By-law. The Applicant proposes utilizing an existing structure to fill its coverage objectives. Numerous sections under the By-law encourage and prioritize the use of existing structures as contemplated hereunder. 15. On the basis of the evidence submitted to the Planning Board, including supporting plans, drawings, and documents, and findings, on a motion by Henchy, McMullen second, "Approve #SP2004-15 Personal Wireless Services Communication Facilities Special Permit for Omnipoint Holdings Inc./T-Mobile USA Inc". Roll call voted, all voted in favor. 16. CONTINUED JOINT LEGAL HEARING —PLANNING BOARD, HISTORIC DISTRICT COMMITTEE AND BREWSTER TREE WARDEN - SCENIC ROAD ACT AND PUBLIC SHADE TREE FOR TRIMMING AND/OR REMOVING SELECTED TREES BY NSTAR; TRIMMING IN THE FOLLOWING MARKED AREAS,: LOWER ROAD (6A — SWAMP); BREAKWATER ROAD; TUBMAN ROAD (6A — GRIFFITHS POND ROAD. THE TRIMMING TO BE DONE IS TO PROVIDE CLEARANCE FOR ELECTRIC DISTRIBUTION LINES THUS IMPROVING RELIABILITY OF SERVICE AND IMPROVING PUBLIC SAFETY. 17. Above has been continued to June 15, 2004. 18. DEFINITIVE SUBDIVISION PLAN #MRS2004-12- Red Top Development Inc. — off Satucket Road on Assessors' Map 36 Lot 37—proposed 7 lot division. 19. Sitting on the Planning Board and present at the hearing were members ElizabethTaylor, William Page 5 of 8, Minutes of 6/2/2004 Henchy, Jane Remy, John McMullen, Marjorie Pierce, Bob Bugle and Linda Bugle. Chairman Taylor opened the hearing by reading the legal advertisement and making the applicant and parties in interest aware of their rights to appeal. 20. Prior to the hearing the Planning Board requested written reports from the Department of Public Works, the Police and Fire Chiefs, Board of Health, Water Department, Zoning Agent/Inspector of Buildings and the Conservation Commission and these reports were as follows and read into record at the time of the hearing: 21. BOARD OF HEALTH — 5/11/2004 — THE BOH VOTED TO RECOMMEND THAT SEPTIC SYSTEMS BE 300' AWAY FROM CANOE AND UPPER MILL PONDS AND UTILIZING ALTERNATIVE SEPTIC SYSTEMS. AFTER CONSULTATION WITH ROBERT MANT, NATURAL RESOURCE OFFICER, WE FIND THAT THE BOARD OF HEALTH'S WATER QUALITY REPORT REGULATIONS SHALL BE APPLICABLE TO THIS PROPOSED SUBDIVISION. 22. DEPARTMENT OF PUBLIC WORKS — WILL THERE BE GAS AND CABLE INSTALLED? SUGG IHAT CASCADE INLETS BE INSTALLED ON CATCH BASINS AT STATIONS 4+AND 6+. 23. BUILDING DEPARTMENT— I HAVE REVIEWED THE ABOVE PLAN AND ACCOMPANYING DOCUMENTS WITH THE PROVISIONS OF THE BREWSTER ZONING CODE, CHAPTER 179, ARTICLE IX, SECTION 179-35.2. 1 FIND THAT THE PROPOSAL IS GENERALLY IN COMPLIANCE WITH THE REQUIREMENTS. I DO, HOWEVER, NOTE THAT 179-35.2 B (2) CALLS FOR PLAN PREPARATION BY AN "INTERDISCIPLINARY TEAM, INCLUDING A REGISTERED LAND SURVEYOR, A PROFESSIONAL ENGINEER, AND A REGISTERED ARCHITECT OR LANDSCAPE ARCHITECT." I ONLY SAW THE STAMP OF A PROFESSIONAL LAND SURVEYOR ON THE PLANS. 24. WATER DEPARTMENT—APRIL 06, 2004 - THE BREWSTER WATER DEPARTMENT HAS SUFFICIENT WATER IN THE AREA OF SATUCKET ROAD TO SUPPLY THIS NEW SUBDIVISION. AN EIGHT INCH MAIN, 2 HYDRANTS AND APPURTENANCES WILL BE REQUIRED FOR THE PROPOSED SUBDIVISION. BLANKET EASEMENT FOR WATER MAIN AND APPURTENANCES SHOULD BE GRANTED ALONG ALL WAYS. ALL EASEMENT DOCUMENTS MUST BE REGISTERED AT THE BARNSTABLE REGISTRY OF DEEDS WITH A COPY PROVIDED TO THE WATER DEPARTMENT PRIOR TO FINAL APPROVAL OF THE PROJECT. ALL PROPOSED WATER AND RELATED WORK WILL CONFORM AND COMPLY WITH BEST INDUSTRY STANDARDS, COMMONWEALTH OF MASSACHUSETTS STATUTE AND REGULATIONS AND BREWSTER WATER DEPARTMENT SPECIFICATIONS. ALL MATERIALS USED IN WATER WORKS CONSTRUCTION ARE SUBJECT TO SITE-SPECIFIC REQUIREMENTS AS MAY BE REQUIRED BY THE WATER SUPERINTENDENT. WATER SERVICE STUBS WILL BE REQUIRED FROM THE WATER MAIN TO PROPERTY LINES AT LOT CENTERS AND WILL BE SIZED ACCORDING TO LOT DEPTH. ALL NUMBERED LOTS WILL BE SERVICED FROM THE SUBDIVISION. ALL WATER CONSTRUCTION WORK MUST BE DONE BY A DEPARTMENT APPROVED INSTALLER. ALL WATER MAIN CONSTRUCTION INCLUDING SERVICE STUBS AND CERTIFICATIONS SHALL BE PERFORMED UNDER SUPERVISION OF A DEPARTMENT APPROVED INSPECTOR AT THE DEVELOPER'S COST. THE REQUIRED BREWSTER WATER DEPARTMENT TAPPING FEE OF $2,000.00 SHALL BE PAID PRIOR TO THE COMMENCEMENT OF ANY WATER WORKS CONSTRUCTION. Page 6 of 8, Minutes of 6/2/2004 25. POLICE DEPARTMENT - HAVE REVIEWED THE PLANS AND FIND THE SIGHT DISTANCES AND VISIBILITY TO BE MORE THAN ADEQUATE. THE ROAD NAME IS FINE WITH THE POLICE DEPARTMENT. 26. FIRE DEPARTMENT — 1) ROAD NAME NOT RIGHT-PATH MEANS PRIVATE WAY; DRIVEWAY/DIRT/ETC. 2) FULL CONSTRUCTION OF ROAD. 3) SUGGEST ACCESS TO LOT 8 BE LIMITED TO SUBDIVISION ROAD. 4) TOWN WATER- TWO HYDRANTS TO BE LOCATED BY FD AND WATER DEPT. 5) TURNAROUND TO BE CLEAR. 27. Present for the Applicant: John O'Reilly, Bennett & O'Reilly; Susan Hofer, S. C. Hofer Design, Landscape Architect; Attorney Alec Watt; Robert Armstrong, Owner/applicant; Jim Sturgis, Contractor and Doug Payson,Realtor. About 5 abutters were also present. 28. The applicant submitted the following documents for review with the application: Environmental Analysis Report; locus U.S.G.S. Map; Brewster Assessor's Map; Copy of Certified abutters list; 800 Scale Town Overlay Map with Massachusetts State Coordinates; 200 scale grid subdivision Map; Owners Deed; Copy of Application for Approval of a Definitive Plan; Draft Copy of Agreement & Covenant; locus Map — estimated Habitats of Rare Wildlife and Certified Vernal Pools, 2003; Wildlife Habitat Study, by Independent Environmental Consultants; Nitrogen Loading Calculations and Drainage Calculations. A preliminary proposal for this property had been before the Planning Board and approved in February 2004 for Zoning purposes only. 29. O'Reilly—What is before this Board are two plans as required by the Town of Brewster Bylaw for Major Residential Development. No waivers are requested. The first is a cluster and second a grid this applicant hope to convince the Board that a grid is preferable by adding restrictions that are compatible to land use protection as with a Cluster plan and open space. The grid offers esthetics and economic value over the cluster plan. 30. O'Reilly- the grid would be a better alternative the reasons being, one curb cut off from Setucket. Lots 1 & 9 to have common driveways off Carson's Path and included in the community of Carson's Path. There would be a potential of 3 curb cuts to Setucket Road for the Cluster Plan. We are proposing innovated septic systems on all nine lots for the grid subdivision. Under the grid the following driveways are to be shared: Lots 1 & 2; 3 &4; 5 &6; 7 &9. 31. Hofer - There will be no work in the 100' conservation buffer zone except for a request for a vista pruning permit. The landscape design will maintain good plant buffers. Designate contiguous planted areas to encourage wildlife habitat development. Encourage the natural movement of wildlife by reducing street-side curbs; by designating planted screens instead of fences. 32. Hofer - Encourage shared driveways to help minimize disturbance visually and environmentally. Provide ecologically responsible landscape design with emphasis on native plant materials. Add a mixture of evergreen/deciduous/ herbaceous material to promote species diversity. The plan suggests low maintenance plant species and lawn seed mixes with low fertilizer requirements. Minimize artificial systems, i.e. lawns and exotic plant materials. Enhance meadow and forest areas: propose clusters of trees to increase tree canopy; propose meadow areas at disturbed portions of the site. Provide visually responsible landscape design. Buffer development from Satucket Road with naturally placed evergreen borders. 33. Hofer - Nestle homes into the landscape with planted buffers to offer screening from the road and from each other. Enhance and embellish the 2 site features: meadow and forest. Page 7 of 8, Minutes of 6/2/2004 34. Hofer - Propose energy efficient landscape design. Provide planting schemes with evergreen buffer strips to block cold, NW winds; deciduous trees placed to block hot, afternoon, summer sun; and evergreen foundation plants to insulate structure. Site dwellings for solar orientation where possible. 35. Hofer - Provide a management plan to maintain meadow and forest areas, and to remove. Invasive plant species: (Lonicera x bella), Honeysuckle along Satucket Rd. And (Smilax rotundifolia), Greenbriar in forested areas provide construction protocols to minimize disturbances to existing soil layers. Minimize Dependency on imports of manufactured loam. 36. Hofer - Promote sound storm water management plan. Provide landscape design to keep site water on site: i.e. design planted swales and berms on slopes, propose "Smart Storm Water Recovery Systems" to capture roof water runoff to re-use for irrigation and car washing. 37. Hofer - Establish covenants to keep pets contained to reduce impacts on wildlife populations. Establish covenants to design wildlife sensitive outdoor lighting. 38. Hofer - Propose permeable pavers and/or crushed stone as substitute for asphalt driveways. This will substantially reduce storm water run-off, non-point pollution, and heat build up. 39. Hofer- Provide fence protection for existing trees to remain during construction phase. 40. O'Reilly - The property is 15.63 acres, located in the RL zone. The proposed subdivision contains 7 building lots, between 60,000 +/- and 209, 755 +/- square feet of lot area. An Overlay plan showing restricted areas on each lot totaling this includes lots 1 and 9 as common ownership to be included in the restrictions and approvals of the definitive subdivision plan and released through an ANR at a previous meeting: Building envelope— 116,307 SF;Transitional Area— 143,743 SF.:Forever wild—333,357 SF. 41. Carl Woolen—(abutter) to the subdivision property. Discussed reinforcement of Forever Wild areas and that lot 5's access to Upper Mill Pond be preserved to allow only owners of lot 5 access to the pond. The applicant assured Mr. Woolen that only lot owners of#5 would have access to Upper MillPond. 42. The Board discussed the grid subdivision and consensus was that the grid was the superior plan, provided that a Conservation Restriction was in place. 43. Motion by Henchy, Pierce second "Hearing continued until June 15th, 2004 at 7:05PM". All voted in favor. 44. The applicant will provide Energy Star Efficient Home information and there will be a detailed wildlife habitat study discussion with Paul Shea. 45. Meetting adjourned 9:45PM Sincerely, Marjorie Pierce Planning Board Clerk a� �� ©t y1a3.1:) IlMol 831stAUI Page 8 of 8, Minutes of 6/2/2004