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HomeMy WebLinkAbout1999-01-05 Board of Selectmen Minutes Board of Selectmen Meeting January 5, 1999 The meeting was convened at 7:40 p.m. in the Birch Meadow School Cafeteria, 27 Arthur B. Lord Drive, Reading, Massachusetts. Present were Chairman Bruce MacDonald, Vice Chairman Sally Hoyt, Secretary Matthew Nestor, Selectmen Camille Anthony and George Hines, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Paula Schena and the following list of interested parties: Arthur Kreiger, Stan Sherman, Patricia Dente, W. J. Hughes Jr., Jane Fiore, Deirdre Clang, Mike Riordan, John Carpenter, Paul McCarthy, Tom Albano, Fred Keefe, Eleanor Keefe, Alicia Ross, Carolyn Whiting, Nancy Matheson, Maureen Crowley, Karen Draper, Edward Riopelle, Ray Marshall, Marcia deBrigard, Susan Silva, Craig Tateronis, Mary Jean Hughes, Patty Gillen, Gerald Markey, Brian Desmond, Pete Jeffrey, Bob Connors, Susan Clark. Discussion/Action Items Consideration of Continued License of Auburn Street Water Towers by Lucent Technology and Omnipoint—The Secretary read the notice of the hearing. The Town Manager noted that in 1995 the Town was approached by a firm interested in placing antennas on the Bear Hill Water Tower. The Board of Selectmen charged Camille Anthony and -- the Town Manager to investigate the existence of these antennas in other towns. A memo to the Board of Selectmen summarizes the findings. The Board of Selectmen approved the request but Nextel did not proceed. In 1996, AT&T approached the Town to place antennas on the Auburn Street Water Tower. Hearings were held on July 9, 1996 and July 30, 1996 and the Board of Selectmen granted them a license. Omnipoint approached the Town in 1997 to place antemzas on the Auburn Street Water Tower. A hearing was held in August 1997, they met all the requirements, and the Board of Selectmen granted.them a license. Sprint approached the Town in 1998 to place antennas on the Auburn Street Water Tower. A hearing was held on October 20, 1998 and the Board of Selectmen denied the license. Testing has since been conducted by the Department of Public Health to assess radiation levels. Neighbors of the water tower are now requesting the removal of AT&T and Omnipoint antennas from the water tower. Town Counsel H Theodore Cohen noted that the AT&T and Omnipoint-licenses are identical. Both license agreements are irrevocable. They can only be revoked upon a finding of default such as non payment of rent, or failure to comply with any other part of the agreement. Bruce MacDonald asked if the companies would be in default if they were not operating within FCC guidelines. The answer was yes. Jane Fiore, Health Services Administrator, noted that she was charged with having the Department of Public Health come out to the neighborhood to test. On November 16, 1998, she and Bob Watkins tested the public way around the Water Tower. Testing was done at the sidewalk in front of the homes. Board of Selectmen Meeting—January 5, 1999—Pages Jane Fiore read the results of the measurements and all were less than the allowable limits. She noted that testing was done in the High School lobby but those results are not available yet. Camille Anthony asked if the second floors were tested inside of the homes. The answer was yes. Alicia Ross of 31 Auburn Street asked why the inside results were 3 times higher than the outside results. Jane Fiore suggested it could have been from TV, computers, microwaves, cell phone,pagers, etc. Bruce MacDonald asked if there were any concerns with the tests that were done inside the homes. Jane Fiore indicated that she did not know -- those results are confidential. Only the home owners receive a copy, not the Town. Susan Clark, a Public Health Science Official, talked about the harmful side effects from the radio frequency. She indicated that there are studies that prove that the radio frequency causes cancer, sleep disorders, attention deficit and memory loss. Bruce MacDonald asked why this is not widely known, and Susan Clark noted that biophysics is a new field and very hard to train in. Arthur Kreiger, Counsel for AT&T, asked why he was there. He noted that the procedure for revocation of a license is different than denial of Sprint. Revocation will go to court and there will have to be evidence, notice and record. He asked that the December 15, 1998 notice addressed to the residents, the December 10, 1998 letter from DPH with test results, the AT&T license, and the September 25, 1997 letter from Robert Hallisey regarding approval of facility all be entered into the record. Arthur Kreiger asked what the reasons for revocation were. Bruce MacDonald noted that the hearing is for consideration of the significance of continuing to use this site for coverage in Reading. Arthur Kreiger noted that the license provides that there cannot be revocation without just cause. He also indicated that if the Board of Selectmen is going to consider Susan Clark's comments, he would like her credentials. Everything she says is so vague. She talks about tests done in 1978 which are not meaningful because it was at the dawn of telecommunications. Arthur Kreiger passed out maps showing AT&T's coverage in the area. Pete Jeffrey, Radio Frequency Engineer for AT&T, indicated that without the Auburn Street site there would be a large gap and a large number of people covered by this facility. Camille Anthony asked what antennas were north of Reading, and Pete Jeffrey noted there was a building in North Reading with an antenna installation. Bill Hughes, Town Meeting Member, asked if the inside readings could be higher than the outside. He asked if the Town could request the test results that were done inside the homes, and Bruce MacDonald noted that the conditions vary widely and the results would be inconclusive. Board of Selectmen Meeting—January 5, 1999—Page 3 Mary Jean Hughes of 23 Chestnut Road noted that she didn't know the antennas existed when she bought her house. She recently listed her house and when she disclosed the transmitters, the people refused to buy her house so the property values have been affected. She presented petitions to the Board of Selectmen asking for the removal of AT&T and Omnipoint from the Auburn Street Water Tower. She noted that Reading Memorial High School is 1100 feet from the Tower, and that the children at Reading Memorial High School are being exposed to rays at least six hours per day. Patty Gillen of 23 Chestnut Road noted that in February of 1995 the Town was contacted by CMC to install cellular antennas and they submitted a letter stating there was no health risk. At the July 9,1996 Board of Selectmen Meeting, AT&T noted that there was no microwave radiation and the emissions were safe and noninvasive. At the August, 26, 1997 Board of Selectmen hearing, it was noted that safety studies were done. She feels as though it is not accurate to say these antennas don't give off radiation, and that the license could be revoked on the grounds that the facts were misleading. She feels as though the antennas affect the home values and quality of the neighborhood. Brian Desmond, Precinct 7, asked why a business was operating in a residential neighborhood. Town Counsel noted that they are on Town owned land that is exempt from the Zoning By- Laws. Bob Conners of 7 Beacon Street asked why his yard wasn't metered. He feels as though the pulses that are emitted from these antennas are dangerous. Mr. Conners gave the Board a copy of the results that he received from having his home tested. Attorney Craig Tateronis was present to represent Omnipoint. He noted that he had lived in Reading up until 1997. He noted that Omnipoint entered into this contract in good faith and they need the site. There are no other real alternatives in other parts of the Town. Omnipoint will file a claim if their license is revoked. Patty Gillen noted that it might be difficult for Omnipoint to relocate but it wouldn't be impossible. She noted that the companies could have their antennas, just not in residential neighborhoods. John Carpenter, Precinct 7, indicated that he had found studies on both sides of the issue. He was concerned that by blowing up the issue, it would drag down property values. Susan Clark indicated that there is a case pending and will be heard on February 11, 1999. Gerald Markey from Omnipoint noted that Susan Clark was venting at new technology, and that he has heard her talk at six or seven other meetings in different towns. He noted that it is better for companies to put their antennas on existing structures than to build towers. Arthur Kreiger asked that the fact sheet from the FCC and the coverage map and chart be entered into the record. He asked for a copy of the internal house readings from Bob Conners house, and a copy of the Northboro Study from Carolyn Whiting. Board of Selectmen Meeting—January 5, 1999—Page 4 On motion by Hines seconded by Anthony, the Board voted to close the hearing and to continue to accept written submissions for up to two weeks as part of the hearing until January 19, 1999. The motion was approved by a vote of 5-0-0. On motion by Hines seconded by Anthony, the Board voted to adjourn their meeting of January 5, 1999 at 10:00 p.m. The motion was approved by a vote of 5-0-0. Respectfully submitted, Ay Secretary i Town of Reading xOr 16 Lowell Street Reading, MA. 41867-2685 639'/NCORY0 FAX: (781)942-9070 TOWN MANAGER Website: www.ci.reading.ma.us (781)942-9043 December 15, 1998 Auburn Street Neighbors Reading, MA 01867 Dear Neighbor: Please be advised that the Board of Selectmen will conduct a public meeting at the Birch Meadow School Cafeteria, 27 Arthur B. Lord Drive, on Tuesday, January S, 1999 at 7:30 p.m. for the purpose of consideration of the continued license of the Auburn Street water towers by Lucent Technology and by Omnipoint. This is an open meeting at which the Board of Selectmen ID will receive any information by all interested parties. Si c Ily 1 ter I. 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The survey was performed in the radiofrequency and microwave frequency range of 0.5 MHz to 6 GHz and the results were found to be below the limit established in the state regulation, 105 CMR 122.000. The most restrictive level of radiofrequency energy established by the regulations is 200 µW/cm2. This is for the frequency range of 30 MHz to 300 MHz. The measurements were made using a Holaday H1-3001 field strength meter. The meter has a minimum sensitivity of 0.03 gW/cm2 and measures the frequency range of 0.5 MHz to 6 MHz. The results of the survey are: Living Room 0.03 Kitchen 0.08 Extra Room 0.13 Jennifer's Bedroom 0.08 Michael's Bedroom 0.04 Laundry Room <0.03 Workshop 0.05 17 Chestnut Road Reading MA 01867 3 January 1999 Daily Times Chronicle 531 Main Street Reading, MA 01867 To the Editor, Thank you for covering last week's Auburn Street Water Tower neighborhood group meeting. We very much appreciate your articles which inform the community about our efforts to remove the AT&T and Omnipoint cellular transmitters from our neighborhood. As you know, we oppose the siting of these transmitters near places where people, especially children, live and/or spend a significant amount of time because of their threat to human health and because of their negative impact on property values. As you may know, the high school is located only 1,100 feet away from the water tower site. We hope that Reading residents from all parts of town will join us in opposing the operation of these transmitters near homes, schools, and medical facilities and will attend the Board of Selectmen's hearing on Tuesday, January 5, at 7:30 p.m. in the Birch Meadow School Cafeteria. - Your readers may have heard that the Telecommunications;Act of 1996 preempts state and local governments from regulating these facilities based on health effects. In truth, Section 704 of this law only preempts them from regulating these facilities based on "environmental effects." It does not mention "health effects." Congress is very clear about what rights it removes from states and local governments, and the Massachusetts Constitution Bill of Rights, Article 1, guarantees every citizen his or her safety. That is why it is very important that our public officials know what the law states and that they act to protect citizens' health in the fullness of their authority. Peer-reviewed scientific studies show adverse effects, both in the short and long term, for the applicable frequencies, 1.8 GHz- 2 GHz, at the relevant exposure levels (0.01 - 10.0 micro watts per square centimeter (UW/CM2)). (Short-term effects include sleep disorder, fatigue, headache, attention deficit, learning and other behavioral disruptions, increased blood pressure, decreased testosterone and other endocrine changes; and long-term effects include cancer and sensitization to such radiation). We noticed that the outdoor radiation measurements taken in our neighborhood by Massachusetts Department of Public Health senior radiation scientist Robert Watkins on November 16, 1998 were within this range. Mr. Watkins says that some of these transmissions "are in the family of radio frequencies with known adverse effects." (Worcester Business Journal, June 22, 1998). An international panel of researchers who met in Vienna recently adopted a resolution which declares that it is now scientifically established that radiofrequency and microwave radiation cause biological disruption. ut/V�(1777 1G:GJ 7lb:J4b L7I3 V�uunu rnr-u�rr-�.r 1"'HUG GL Town Meeting This presentation was given by a group of residents in the town of Northborough,Massachusetts to the Zoning Board of Appeals in the Fall of 1997. Bell Atlantic-NYNEX and Nextel Communications had submitted a request to construct a 100 foot cellular communications tower on a parcel of Property which was located within a town park. The land was originally deeded to the town as a gift and was intended to be a park into perpetuity. The Town of Northborough had already awarded Bell Atlantic-NYNEX a lease on the space,pending all other necessary approvals. Since the town did not have a standing cellular communications by-law, the ZBA was in the position of granting or denying the request. Fact: Nynex'S Data Shows a Correlation Between Distance and Horne Price + t 3 + y. dfTA1C( CONCLUSION: TOWERS LOWER HOME PRICES Results of Bell Atlantic NYNEX's own property value data when comparing distance to a tower against property value. Note that there is a direct correlation between how close to a tower you live and the value of your property. All homes within approximately 270 feet of a cellular tower will `statistically' decrease in value. Note that Bell Atlantic hired a real estate consultant to refute these findings, but the consultant actually supported the result. 22 U O f O U ° awn 03 co co Q E Wco ° > cac Q E c �a Z cli ° a E Cc > is o a) 0 3 ° d c +» cct CL o 3 C6 U CZ .�... r oC p Cn ..0 o 4-a _ a �, U) (Z co tol cu m m w .. �V cV . o o o - o o E E E E CZ ® ® o ® s ♦ `� o♦e Health Concerns There 1S controversy over the effects of RFexpoaura.Exprt>ay n causes: •�• Lymphomas (M,H.Repachol,Radiation Research,1997) •;• Childhood Leukemia (B.Hocking,Mecioal Journal of Australia,199(1) Mutations, Birth Defects,Cancer(J.R.Ooidemah,Intl Journal of Oce Environmental Health, 1905) •= Adult Leukemia, Skin Cancer (H • .(?olk,Anerian Journal of E Cidonvo boy,1997) Leukemia, Myeloma, Lymphoma (S.Mifham,Microwave News,1987/89) ti• Leukemia, Lymphoma (S.Szm+Qlalsk),canter for Radiobiology and Radiation Safety,1996) •••' Leukemia (8.Anderson,Microwave News,1987) •;• Leukemia, Breast Cancer (w.Morlon,Microwave News,1082) The Telecom Act prohibits localities from denying tower applications base solely on health risks. It DOES NOT deny residents from making their concerns over health affects heard. f 24 v v POW4 O Q? ' M4 PMO 4-J 03w 42 W 0