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HomeMy WebLinkAbout1998-10-20 Board of Selectmen Minutes Board of Selectmen Meeting October 20, 1998 The meeting was convened at 7:00 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, Chief Edward Marchand, Paula Schena, Jim Cormier, Paul Dustin and the following list of interested parties: Tom Albano, Larry Walsh, Robert Cormier, Marie Cormier, Joseph Cormier, Joseph Cormier, Jr., Michelle Benson, John Benson, Carl Benson, Kerry McLaughlin, Matt Lordan, Kim Pressey, Patty Dente, Maureen Crowley, Jane Fiore, Marcia deBrigard, Susan Silva, Mike deBrigard, Jan Arnold, Alicia Ross, Patty Gillen, Mary Jean Hughes, Jan Thomas, Barbara Ward, Richard Smith, Robert Kirshaw, Mary Sewall, Cathy Peraner, Richard Houde, Tom Ebels, Jonathan Hall, William Irwin, Joyce Kellett, Jay Kellett, Ginny Bramante, Michael Bramante, Joey Bramante, Heather Bramante, Nancy Matheson, Doug Matheson, Trevor Bloom, David Puopolo, Mike Riordan, Carolyn Whiting, Joanne Doherty, Mike Davis, Wilbar Hoxie, Paul Fontes, Bob Watkins. Discussion/Action Items Bade Pinning— Sergeant Cormier—Police Chief Edward Marchand and Sgt. Jim Connier were present for the badge pinning ceremony. Sgt. Jim Cormier introduced his family and friends who were present. His mother, Marie Cormier, pinned his badge on him. The Board of Selectmen congratulated Sgt. Cormier on his promotion. Police Station Bids — Paul Dustin, Chairman of the Police Station Building Committee, was present to review the status of the Police Station bids. Eleven bids were received for construction of the Police Station. The low bidder withdrew due to an error. The base bid being considered is $101,824 over the budgeted amount. The Police Station Building Committee offered three options: (1) reduce the contingency fee, (2) seek Town Meeting approval of an increase in funding or (3) eliminate the elevator tower. The Police Station Building Committee recommends proceeding with option #1. The Town will know within 90 days if there are problems with the excavation or foundation work. If that should happen, then the Town can go back to Town Meeting for more funds. The Town Manager noted that G & R Construction, Inc. has an excellent reputation for good work and coming in on time. George Hines indicated that communications equipment hasn't been budgeted yet, and that we will be asking Town Meeting for that money. On motion by Hines seconded by Hoyt, the Board of Selectmen voted to approve the recommendation of the Police Station Building Committee and the Town Manager with regard to the award of the bid for the Reading Police Station. The motion was approved by a vote of 5-0-0. Board of Selectmen Meeting—October 20, 1998 —page 2 Close the Warrant for the November Election — On motion by Hoyt seconded by Anthony, the Board of Selectmen voted to close the Warrant for the State Election to be held on November 3, 1998 from 7:00 a.m. to 8:00 p.m. at the Hawkes Field House, 62 Oakland Road, Reading, Massachusetts. The motion was approved by a vote of 5-0-0. On motion by Nestor seconded by Hoyt, the Board of Selectmen voted to approve the closing of the Warrant for a Special Town Meeting to be held on Thursday, November 12, 1998 at 7:30 p.m. consisting of four Articles. The motion was approved by a vote of 5-0-0. Spence Farms — Review Chapter 61 — Assistant Town Manager Russell Dean made a .presentation reviewing the options for the Spence Farm property. He indicated that Marriot has made an offer to develop the property for an assisted-living facility. Marriot is willing to donate a portion of land at the back of the property. A site walk has been scheduled for October 24th at 7:00 a.m. Sally Hoyt asked how many acres of land will be offered. The Town Manager noted that it was about three acres. If the Town could get the developer to level out the land, we could get a full size soccer field. Sally Hoyt asked if the proposed billboard would affect the property. The Town Manager noted that the billboard would be visible to Route 93 and not terribly visible to the Town of Reading. Bruce MacDonald indicated that the Board would take final action at their next meeting. Continued Hearing on Sprint Communications use of Auburn Street Water Tower — Secretary Matthew Nestor read the notice to open the hearing. The Town Manager noted that the hearing notice was sent to abutters by certified mail. Town Counsel Ted Cohen was present to advise the Board of Selectmen on the legal issues. Town Counsel indicated that a municipality cannot prohibit the placement of antennas due to environmental reasons if the company is within FCC regulations. The FCC specifically promotes using municipal properties for this use. The Town is in full compliance with the FCC. Town Counsel noted that the Town has agreements with Lucent and Omnipoint for five years with automatic renewals for three terms at five years each. There is no provision to cancel unless the licensee breaches the contract. The Telecommunications Act requires that if the Town denies, it must be in writing and based on substantial record. Town Counsel noted that the Town already has two agreements and cannot discriminate. Sprint wants to be on the water tower and if they can't, they will need two sites and that would be discriminatory. Matthew Nestor noted that Judge Thurlough upheld the City of Woburn's denial. Bob Watkins, a Physicist for the Mass. Department of Public Health, was present to discuss the State regulations. He noted that he works for the radiation control program and he administers regulations that pertain to radiation; i.e., cellular phones. The FCC rules require that anyone erecting fixed antennas must apply to the Mass. Department of Public Health for approval. Total emissions are looked at to make sure that the total doesn't exceed guidelines. --' Board of Selectmen Meeting—October 20, 1998—page 3 Camille Anthony asked what realm the DPH uses when evaluating a company. Mr. Watkins indicated that he looks at the amount of RF energy coming in, and he also looks at any other communication structures within 300 feet. George Hines asked Mr. Watkin if he takes into consideration the total level of other antennas. Mr. Watkins answered "yes," and if the total exceeds 1/3 of the limit then an environmental study has to be done. If it is less than 1/3, then the company will be allowed to construct and the DPH will measure after it is installed. Camille Anthony asked what safeguards were in place in ensure that everyone registers with the Department of Public Health. Mr. Watkins indicated that the department relies on residents. Alicia Ross of 31 Auburn Street asked if the DPH did community checks, how was it measured? Mr. Watkins indicated that measurements were done by equations and instruments. 1000 microwatts is the limit. Patty Gillen of 23 Chestnut Road noted that she has copies of the Omnipoint and AT&T applications, and that there were discrepancies on whether or not there were other antennas within 300 feet. Mr. Watkins indicated that the applications have to be looked at line by line. Bruce MacDonald asked what the penalty for perjury was, and Mr. Watkins indicated a fine up to $100,000. Bill Irwin indicated that he had copies of the applications, and that the applications are correct and there are no discrepancies. Joanne Doherty asked why there is no system to monitor, and also asked if communities were ever found over the limit. Mr. Watkins noted that lack of money and staff make it difficult to monitor and he has never found a community to exceed the limits. Trevor Bloom of 12 Auburn Street asked if any of the studies touch on biology. Michael Bramante of 45 Auburn Street asked about the effects of low levels over a long tenn, and asked Mr. Watkins if he would feel comfortable living 100 feet from a cellular communications tower for 35 years. The answer was "yes". Sprint's Attorney, Mike Davis, asked Mr. Watkins if he reviewed the files and if the antennas are operating with maximum limits. Mr. Watkins noted that he did review the files and the numbers were 100 times below the limit. Alicia Ross of 31 Auburn Street asked about time of exposure. Bill Irwin noted that OSHA sets 15 minutes as the guideline for workers in the field who are exposed over a lifetime. Board of Selectmen Meeting—October 20, 1998—page 4 Dick Smith, Summit Towers, indicated that he had figures using 1 milliwatt measured at 30 feet equals .18 milliwatt. He had tests done in the line of emissions and it came in at .1 milliwatt. Below the line of emissions came in too low to be measured. Signals are broadcast straight out to the horizon not down. Nancy Matheson of 27 Auburn Street spoke with Dick Lyons regarding Summit Towers and noted that the third building was not acceptable—it was too low. She noted that those residents were allowed to investigate but the Auburn Street residents weren't allowed to investigate. Bruce MacDonald noted that the Town did investigate. The Town Manager noted that a public hearing is not required but the Town still does it. The Assessor's list is used to notify abutters. Alicia Ross of 31 Auburn Street noted that she was notified of the first hearing and did attend. Maly Jean Hughes of 23 Chestnut Road indicated that she had three petitions with 500 signatures of residents. The petitions are to prohibit the installation of new antennas, to remove the antennas that are already on the water tower and to change the bylaws. Alicia Ross noted that she has worked for a phannaceutical research company for 20 years. She spoke on the need for scientifically sound studies. Patty Gillen of 23 Chestnut Road requested that the Board of Selectmen serve and protect the residents of the Town. She noted that a decision to deny can be based on complaints. Carolyn Whiting noted that Section 4.1 of the Zoning Bylaws refers to buildings not structures such as the water tower. She noted that the federal guidelines are too high. Property values will decrease. She requested that the Board deny this application, revoke the others and set a policy in place with a 1500 foot restriction from schools. Mary Jean Hughes requested that the 1500 foot restriction be from schools, residential areas and hospitals. She indicated that the Engineering Division states that the High School is 1100 feet from the water tower and the closest house is 28 feet. Jane Fiore, Health Director, read the report of the Town's Consultant, Dr. Carey Rappaport, into the record. Sprint's Attorney, Mike Davis, noted the benefits of having their antennas at the Auburn Street site. He also noted that Sprint was offering to propose an amendment to the agreement that would allow the Town to hire an independent expert to test annually and Sprint would pay up 5750 toward the cost. George Hines asked if the base station could be designed to limit the amount of power and asked how frequently the station was inspected. Dick Houde from Sprint indicated that 8 watts was the maximum for the base transmitter station. Tom. Ebels indicated that the station is inspected on a monthly basis. Board of Selectmen Meeting—October 20, 1998—page 5 Patty Gillen noted that the Sprint application mentions future down tilt. Bill Irwin noted that the down tilt kit allows the antenna to be tilted 5% if interfered with another signal. George Hines asked if the installation would work without the down tilt on it. Jonathan Hall from Sprint indicated that the flexibility is needed to keep the system running. Camille Anthony asked if the antenna could slip 15 degrees and Jonathan Hall noted that it has to be tilted mechanically. Mike Riordan of 38 Highland Street asked if the antennas could be put in the Town Forest. Attorney Mike Davis.noted that not everyone could be serviced from that area. Dick Smith suggested that the Town put a clause in the agreement that in the event that the levels exceed the DPH standards, then the Town can break the lease. Wilbar Home asked how will dead areas be taken care of and what happens when the power goes out. Jonathan Hall indicated that there are no dead areas in the Town of Reading. Dick Houde noted that the system has a battery backup and a portable generator can be brought in if needed. Susan Silva of Locust Street asked where the liability rests if cancer should surface. Town Counsel indicated the liability would not be with the Town. Alicia Ross noted that the Sprint photos are simulations. Matthew Nestor asked that the photo simulations not be entered into the record. On motion by Anthony seconded by Hoyt, the Board of Selectmen voted to close the public hearing on the application by Sprint Communications for a license to install digital communications antennae and appurtenant facilities on the water tower on Auburn Street. The vote was approved by a vote of 5-0-0. Matthew Nestor noted that he was concerned about a couple of the health issues: (1) he doesn't think it is possible to have a long term study on these particular issues because the technology has not been available and (2) the studies that have been provided do not have long term exposure as a basis. Nestor indicated that Mr. Irwin said at one point that there were 40,000 studies, and there were perhaps 100 that suggested there was a problem. For Nestor, that's 100 too many when we're talking about children. Nestor noted that Congress in its infinite wisdom has decided that we are not allowed to talk about health issues so Nestor noted that he will not be using that as his basis for his decision. He noted it because it was the topic of a lot of discussion but he reached a conclusion without factoring in any of the health issues. Nestor talked about aesthetics. He doesn't like the photo and asked that it not be included because it doesn't accurately depict what is going on up at the water tanks. There are four installations already. He talked with the neighbors and they are concerned about the look in their community— they are concerned about the way the water tanks appear. The Board of Selectmen had discussion earlier this year about making one of the water tanks a historically preserved site. Obviously, the Town places some value on the way that particular piece of property appears to local residents. It is important to Nestor and some people in the community as to the way the water tank appears. So, be has a problem with the aesthetics and with adding more antennas up there. Board of Selectmen Meeting—October 20, 1998—page 6 Nestor indicated he was concerned about property values. Congress has decided we can't talk about health issues but we can talk about perception in the community. If there is a perception in the community that there is a health issue, then some people might be adversely affected as night follows the day, people are not going to want to live there. People are going to want to pay less for these houses so he is concerned as an elected official about property values within the Town. Part of our Zoning Bylaws talk about restoring and maintaining property values within the community. We get $2,000 a month in revenue from this and he feels that if you diminish the property values of 10 houses in that particular area, then it isn't really an economic benefit to the Town. So, property values are another factor he bases his decision on. Nestor talked about the Zoning Bylaws. He believes it is legal for the Town to accept and put up this type of unit on Town property, and he accepts that there is an exemption for the Town. When the Town put in a special permitting process in 1996, the Town had a specific desire to keep these types of installations in certain areas of the Town. The Town has an exemption but we have an obligation to live within the spirit of our own Bylaws. He doesn't think that they belong in residential areas and the Town has said so in the Zoning Bylaws. The Town shouldn't ignore the spirit of their own Bylaws and should keep them out of residential neighborhoods. Nestor requested a copy of the tape of tonight's meeting from Media One, and asked that his comments be transcribed as his reason for voting no. Nestor also noted that lie didn't think the Board of Selectmen is bound by previous decisions of previous Boards. He noted that the Board needs to take a look at property values, aesthetics and zoning issues every time they make a decision. If community values change, then that can affect property values. Nestor asked that other members of the Board of Selectmen join him in voting no for the reasons stated. Camille Anthony agreed with Nestor. She noted that cellular communication antennas should not be in residential neighborhoods. She did go out and see the location. What we got wasn't what she expected. It is much more cluttered than she thought it would be. Sally Hoyt did her own research and concurs with Nestor. Bruce MacDonald noted that the economic benefits are not a huge concern. He doesn't like big corporations or their tactics. Although the concerns of the residents are health concerns, lie doesn't believe there are any health concerns. He would put one on his own house. He doesn't feel as though appearance is a major issue and property values have not gone plummeting. George Hines noted that nothing is more important than children and he is making his decision as if his own children were involved. He concurs with MacDonald that we are not placing anyone at risk. On motion by Anthony seconded by Hines, the Board of Selectmen voted to approve the application by Sprint Communications for a license to install digital communications antennae and appurtenant facilities on the water tower on Auburn Street in accordance with the plans submitted. Hines moved and Anthony seconded the following conditions:--"That the Mass. Department of Public Health measure the radiation at the site; that Sprint submit a design to Board of Selectmen Meetiniz—October 20, 1998 —page 7 control the limit of power; that Sprint be required to inspect monthly for proper installation and monitor radiation levels quarterly and submit reports to the Town; that the Board of Health -- compile voluntary health history of residents in the area of the water tower; that the Town do regular testing at the site and that Sprint put in the license that there will be no more than a 2% down tilt. The motion and conditions were not approved by a vote of 2-3-0, with Anthony, Nestor and Hoyt opposed. On motion by Hines seconded by Anthony, the Board voted to adjourn their meeting of October 20, 1998 at 11:30 p.m. The motion was approved by a vote of 5-0-0. Respec�ully submitted, S etary