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May 8, 2003

Present:  Cris Irsfeld, Deb McMenamy, George Shippey, Simon Brighenti-T-Mobile, Attorney Brian Grossman-AT&T, David Gale-AT&T, Beth Nathan, Joe Forfa and Jorja Marsden

The continuation of the public hearing for T-Mobile at 24 West Stockbridge Road was opened.  Cris read the recommendation of the Planning Board.  The Planning Board voted to recommend approval of the application, leaving it up to the Selectmen to integrate input from the Town’s consultant and on meeting requirements of the zoning bylaws, including fencing material, etc.  

Based on the documentation submitted by the Applicant and the testimony presented at the public hearing, the Board of Selectmen made the following findings:

1.	The proposed facility is in compliance with all provisions and requirements of this Bylaw, and is in harmony with its general intent and purpose.

With the exception of certain provisions, identified below, the proposed facility complies with all requirements of the Stockbridge Zoning Bylaws.  Pursuant to section 6.25.12.C, the Board may issue a Special Permit notwithstanding the facility’s failure to comply with any requirement of section 6.25 if the Board finds that the literal enforcement of such requirement would have the effect of prohibiting the provision of personal wireless services in violation of 47 U.S.C. §332c(7).  Because the Board is making the necessary findings below, it concludes that the proposed facility satisfies the compliance requirement of section 6.3.6 of the Zoning Bylaws.

The Board further finds that the proposed facility is in harmony with the general intent and purpose of the Zoning Bylaws, which include:

a.	To prevent overcrowding of land, to secure safety from fire, flood, panic and other dangers, to conserve health, and to lessen congestion in the streets.

The facility is to be located in a large wooded tract of land near the Massachusetts Turnpike off of Route 102.  It is several hundred feet away from any residence or other building, except for the Sportsmen’s Club main building, and will be visible from only a few nearby homes.  The Board finds that the facility will have no direct adverse impact on fire safety, flood plains, wetlands or the public health or safety. The facility as proposed complies with 47 CFR §1.1307 and other relevant sections of FCC regulations regarding human exposure to radio frequency energy.  The facility will generate only minimal traffic and will therefore have no measurable impact on traffic congestion along Route 102.

b.	To facilitate the adequate provision of…public requirements.

The proposed facility would assist in the provision of wireless communications services, which the federal government, by enacting the Telecommunications Act, has deemed to be a public requirement.

c.	To conserve the value of land and buildings including the conservation of natural resources and the prevention of blight and pollution of the environment.

The facility will have only a minimal impact on natural resources and the environment.  The Applicant has demonstrated that the facility will have no direct impact on natural resources and will cause no pollution of the environment.  The facility will be well camouflaged, and will thus not cause blight.  In light of these facts, the Board concludes that the proposed facility will have no adverse impact on property values.

In addition, the Board finds that the proposed facility is in harmony with the general intent and purpose of section 6.25 of the Zoning Bylaws, which include:

d.	Preserve the character and appearance of the Town while simultaneously allowing Adequate Personal Wireless Service to be developed.

The proposed facility is located in an area that is, to a considerable extent, buffered visually by a heavily wooded area.  Development of the facility as proposed will have little impact on the character and appearance of the Town.

e.	Protect the scenic, historic, environmental, and natural or man-made resources of the community.

The proposed facility will have only a minimal impact on the listed resources.  Camouflaging of the facility is afforded by its neutral design, which will blend in with the surrounding tree cover, especially if it is painted dark brown.  Its location within a heavily wooded area near the Massachusetts Turnpike and Route 102 tends to mitigate any impact on the Town’s scenic resources.

f.	Preserve property values.

Based on the findings above, the Board concludes that the proposed facility will have no adverse impact on property values.

g.	Locate Towers so that they do not have negative impacts, such as, but not limited to, visual blight, attractive nuisance, noise and falling objects, on the general safety, welfare and quality of life in the community.

As noted, the proposed facility will be buffered visually by the heavily wooded area in which it will be located.  It will be several hundred feet from any residence and will be visible from only a few of these residences.  The facility will meet all federal, state and local construction and operations requirements regarding safety and elimination of hazards to abutters and the public at large.  The facility will be located a substantial distance from public ways and adjacent parcels, and the grounds on which it will be erected are under the control of the property owner, it should therefore constitute no hazard from falling objects.  Any noise produced by the associated communications equipment should not be detectable at a reasonable distance from such equipment.

h.	Require owners of Personal Wireless Service Facilities, Towers and Repeaters to configure them so as to minimize and mitigate the adverse visual impact of the Facilities, Towers and Repeaters.

The proposed facility will be visible principally from the Massachusetts Turnpike and Route 102.  The impact will be minimized because all antennae will be directly mounted to the surface of the single pole.  

i.	Require the clustering and camouflaging of Personal Wireless Service Facilities.

The facility is only the second to be constructed in Stockbridge and the first in the western end of the Town.  It is designed to host at least three additionally telecommunications carriers.  As noted above, the facility will be camouflaged both by its design and color and by its location within a heavily wooded area.

2.	The proposed facility is essential or desirable to the public convenience or welfare at the proposed location.

As noted, the proposed facility at the proposed location would assist in the provision of wireless communications services, which the federal government, by enacting the Telecommunications Act, has deemed to be a public convenience.

3.	The proposed facility will not be detrimental to adjacent uses or to the established or future character of the neighborhood.

As noted, the proposed facility will be located in an area that is, to a considerable extent, buffered visually by a heavily wooded area.  Development of the facility as proposed will have little impact on adjacent uses or the character of the neighborhood.

4.	The proposed facility will not create undue traffic congestion or unduly impair pedestrian safety.

As noted, the facility will generate only minimal traffic and will therefore have no measurable impact on traffic congestion or pedestrian safety.

5.	The proposed facility will not overload any public water, drainage, or sewer system or any other municipal facility to such an extent that…any existing use in the immediate area or in any other area of town will be unduly subjected to the hazards affecting public health, safety or general welfare.

The proposed facility will not use public water or sewer service and will not affect drainage in the area.

6.	The proposed Personal Wireless Service Facility, Tower or Repeater will satisfy all requirements of section 6.25 except those for which it finds that literal enforcement would have the effect of prohibiting the provision of personal wireless services.

The proposed facility is not located in a Wireless Overlay District.  Evidence was submitted by the Applicant, and corroborated by the Town consultant, that demonstrated the provision of wireless service in the region of 24 West Stockbridge Road cannot be obtained from the wireless overlay district.  Pursuant to Section 6.25.12(C) a literal enforcement of the wireless overlay district requirement would result in a prohibition of service in this case.  Therefore the 24 West Stockbridge Road site is eligible for consideration for a wireless facility/tower special permit (F/TSR).

7.	The proposed Personal Wireless Service Facility, Tower or Repeater is a necessary component of a comprehensive scheme to ensure the provision of personal wireless services in the affected area.

Existing towers, other structures and facility sites, with or without repeaters, will not provide adequate coverage or adequate capacity in the vicinity of 24 West Stockbridge Road.   Evidence submitted by the Applicant, and corroborated by the Town consultant, supports this conclusion.

8.	The proposed Personal Wireless Service Facility, Tower or Repeater is the means of providing personal wireless services in the affected area that will least intrude upon the Town, the District and neighborhood in which it is proposed to be located, and adjoining properties.

When constructed under the conditions of this special permit the facility will have no undue adverse impact on historic resources, scenic views, residential property values, or natural or man-made resources.   Publicly announced balloon testing and visibility analysis submitted to the record, both corroborated by the Town consultant support this conclusion.  Based on these facts, the Board concludes that the proposed facility is the least intrusive means for enabling the provision of wireless service in the vicinity of 24 West Stockbridge Road.

9.	A good faith effort has been made to identify and evaluate less intrusive alternatives to the proposed Personal Wireless Service Facility, Tower or Repeater.

The Applicant has demonstrated that it has made a good faith attempt to identify all possible properties within the target area and has isolated the proposed location as the most desirable from both an aesthetic and a technical potential.

10.	The Applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the proposed Personal Wireless Service Facility, Tower or Repeater on the Town, the District and neighborhood in which it is proposed to be located, and adjoining properties.

The Applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the tower & facility.  In addition, the Applicant has agreed to implement a monitoring program pursuant to section 6.25.12(B)(5) of the Zoning Bylaws.

The Board of Selectmen also made the following conditions:

1.	When constructed to the presently-approved height of 150 ft, the tower shall be capable of supporting four wireless antenna arrays with a nominal vertical facing of 10 ft. or less.  The antenna arrays shall be attached to the surface of the tower such that antennas and mounting hardware do not extend more than 18 inches from the surface.

2.	The tower and all exposed attachments thereto shall be painted the color dark brown.~ Future changes and attachments shall be painted to match.~ The color finish shall be maintained as necessary to achieve a uniform appearance throughout the life of the structure.

3.	The tower shall be designed and constructed to accommodate an extension up to 180 ft., so that at least three additional wireless antenna arrays could be added in the future, following the approval of a new special permit by the Board of Selectmen.~ The new 150 ft. structure and its foundation and fenced equipment compound shall be designed and constructed so that no substantial changes to them will be required to make the extension up to 180 ft., if and when permitted.

4.	No building permit or certificate of occupancy shall be issued until the Board of Selectmen has found and certifies in writing that the financial obligations of the Applicant to the Town, and any of the Town's consultants involved in these proceedings, have been fulfilled.

5.	As required by section 6.25.13.A of the Zoning Bylaws, the Applicant shall, within 30 days of the date that the Applicant’s facility begins transmission, pay for an Independent Consultant, hired by the Town, to monitor the levels of EMF radiation around the proposed facility.

6.	As required by section 6.25.13.B of the Zoning Bylaws, the owner of the proposed facility shall pay for an Independent Consultant, hired by the Town, to conduct routine annual testing and monitoring of EMF radiation emitted from the site, as well as additional monitoring upon any major modification of the facility or activation of any additional permitted channels thereon.

7.	As required by section 6.25.13.D of the Zoning Bylaws, the owner of the Tower authorized by this Special Permit shall pay for a licensed professional structural engineer, hired by the Town, to conduct inspections of the Tower’s structural integrity and safety prior to the commencement of operation of the facility and every five years thereafter.

8.	As required by section 6.25.14.A.a of the Zoning Bylaws, the Applicant shall post an initial case bond in the amount of $25,000 to cover the costs of the remediation of any damage to the landscape that occurs during the clearing of the site and of removal of the tower and facility from the site, and remediation of the landscape, should the facility cease to operate.

9.	As required by section 6.25.14.A.2 of the Zoning Bylaws, the Applicant shall post a maintenance bond for the access road, site and tower in the amount of $10,000.

10. Pursuant to section 6.25 of Stockbridge’s Personal Wireless Service Facilities,                                                                                             Towers, and Repeaters Bylaw, this Special Permit approves co-location for AT&T Wireless.  No further zoning relief (Special Permits or Site Plan Approval) shall be required for installation of AT& T Wireless’ antennas on the tower and   equipment at the site as follows:

(1)	Antennas for AT&T Wireless may be installed on the tower in the configuration as shown as “Future Carrier” at 137’ AGL on the approved plans submitted by Omnipoint.
(2)	AT&T Wireless’ ground equipment may be installed within the compound shown on the approved plans  submitted by Omnipoint
(3)	Those antennas may be connected to that ground equipment by necessary cables, and the ground equipment may be connected to electric and telephone service by necessary cables.

Joe Forfa questioned the comment that the balloon test couldn’t be seen.  Cris stated that it could be seen as it was stated in the findings.  Mr. Forfa felt that if the tower was to be at 180’ that it may be seen from East on Route 102, or Prospect Hill Road.  Cris also reiterated that the application was only for a tower 150 tall.  Also of concern to Mr. Forfa was the possibility of tree removal.  Simon Brighenti stated that it would be only the brush not any large trees that may be taken down.

George Shippey made a motion to approve the application with the conditions and findings as stated.  A second was received from Deb.  The vote to approve the application with the findings and conditions was unanimous.

Beth Nathan of Lee Road came by to ask the Selectmen to move the sign regarding heavy truck traffic onto Route 7.  She had spoken with Pat Tierney of MassHighway, who told her that if she or the Selectmen wrote a letter, it should not be a problem.  It was decided that Beth should write the letter to the MassHighway requesting the moving of the sign.

						A true copy, ATTEST: