O ar plannrn9 guard f z,gp
Tuber,
BOARD OF APPEALS PUBLIC MEETING August 11, 2008
The following members attended the public meeting:
Doreen Prouty-Chairman
x James Marmo-Vice Chairperson
Joseph Conte-Clerk
Jennifer Bonfigho - Secretary
1. Case 1831 & 1832-Optasite Towers, LLC
Chairperson Prouty opened this public meeting at 6:45PM by reading both public notices,
introducing the members of the board and explaining the procedure of the meeting.
Sitting on this case were Doreen Prouty, Jim Marino, and Joe Conte.
Attorney Carrie Larson from Pullman& Comley LLC represented the petitioner. She
began by introducing the parties in attendance.
Eric Phelan; RF Engineer,T-Mobile
Chuck Regubulto; Optasite c
Attorney Simon Brighenti; representing T Mobile C,
George Pembelton; site engineer
Mike Koperwhats-visual analysis
Dean Gustison;VHB
Attorney Larson indicated that she has received the Notice of Intent from the
Conservation Commission. She will forward the recorded copy to the board.
Attorney Larson began by describing the property at 369 Main Street which is located in
the wireless overlay disctrict. Optasite is proposing a 170 foot monopole for T-Mobile.
It is designed for four carriers.
George Pembelton provided a site plan of the property. Joe Conte asked about the
private right of way. George states that it is a recorded access road and will be restored,
utilized,and maintained by Optasite. He also indicated that the access road will be
redirected and the concrete slab will be elevated due to the Wetlands.
Eric Phelan displayed the existing coverage map for T-Mobile, outlining that they do not
have coverage in the Rte. 57, Rte.159, and Rte. 75 area. This tower will give them
coverage in a two (2) mile radius. Attorney Larson indicated that T Mobile will be able
to connect with other recently approved sites to improve coverage and allow for a
contiguous coverage.
Mike Koperwhats discussed the topography and forest cover as constraints and the tower
visibility. Year round visibility of the tower will be limited to the local area. A balloon
float was conducted for the public benefit. Areas with visibility arc mostly commercial
and industrial.
Jim Marmo asked why it is only a 2 mile radius of coverage. Eric stated they only allow
2 mile radius of coverage for this tower due to the frequency, interference and the lack of
signal strength.
1
r
Attorney Larson stated that the lease for this property prohibits additional towers. A
restrictive deed was recorded for the entire parcel. Other carriers may rent space on the
Optasite Tower. Fire and Police may use the tower free of charge.
Chairperson Prouty stated that the plan show the total height of the pole at 176 feet,
although they have stated 170 feet. Chuck Regulbulto confirmed that the pole will be 170
feet. She also read Section 180-97 Par. K of the zoning ordinance and expressed concern
that this tower may exceed distance to the property line. Attorney Larson stated that if the
tower fails it will fall on itself because of the pre-engineered breakpoint. They feel the
intent of Section 180-97 Par. K is satisfied.
Attorney Larson explains the photographic simulations. The Board indicated that they
had no objects to any color used for the pole.
No other questions by the board.
Chairperson Prouty read into record memo from the Planning Board approving the site
plan. She also read into record approval and comments from the Fire Department.
Chairperson Prouty advised the petitioner that the ZBA will send all the information to an
independent consultant for review. The ZBA will be using Dave Maxson from
Broadcast Signal Lab.
No one spoke in favor or against this petition.
Meeting was continued to Monday September 8�h after the 6:30 and 6:45 PM meetings
concluded.
2. Case 1833- Scagliarini
Chairperson Prouty opened this public meeting at 7:35PM by reading the public notice,
introducing the members of the board, and explaining the procedure of the meeting.
Sitting on this case were Doreen Prouty, Jim Marmo,and Joe Conte.
Bill Scagliarini, 90 Monroe Street is requesting to make an existing structure on his
property larger. He will not be changing the footprint of his house. He would like to add
7 feet onto the existing porch.
Chuck Thompson, 103 South Street, Holyoke is representing the builder. He indicated
the design will remain the same. The open porch will be extended and the existing porch
will be repaired.
The structure is 14.5 feet from the main road. It is zoned A-1.
Chairperson Prouty opened the public hearing.
Dennis Hopkins, 108 Monroe Street, spoke in favor of this petition by stating that the
proposal does not defy the intent of the zoning ordinance,no detriment to neighborhood
and minimal visual impact.
2
No others spoke for or against this petition.
Chairperson Prouty closed the public hearing and went directly into a public meeting by
calling for a vote.
Jim Marmo-yes
Joe Conte-yes
Doreen Prouty-yes
Vote: unanimous,Public meeting closed
Chairperson Prouty explained the appeal period to the petitioner.
3. Case# 1830-Sander
Chairperson Prouty opened this public hearing and read into record a letter from the
petitioner requesting a continuation. Hearing continued to 9/8/08.
4. Minutes of July 28, 2008—Prouty motion to accept seconded by Marmo vote was
unanimous.
Chairperson Prouty made the motion to adjourn at 8:10 PM seconded by Conte.
3
r
BOARD OF APPEALS PUBLIC MEETING August 11,2008
The following members attended the public meeting:
Doreen Prouty-Chairman
James Marmo -Vice Chairperson
Joseph Conte-Clerk
Jennifer Bonfiglio - Secretary
1. Case 1831 &z 1832-Optasite Towers, LLC
Chairperson Prouty opened this public meeting at 6:45PM by reading both public notices,
introducing the members of the board and explaining the procedure of the meeting.
Sitting on this case were Doreen Prouty, Jim Marmo, and Joe Conte.
Attorney Carrie Larson from Pullman & Comley LLC represented the petitioner. She
began by introducing the parties in attendance.
Eric Phelan; RF Engineer, T-Mobile
Chuck Regubulto; Optasite ca
Attorney Simon Brighenti; representing T Mobile c
George Pembelton; site engineer = W
Mike Koperwhats-visual analysis
CJ-,
Dean Gustison; VHB
Attorney Larson indicated that she has received the Notice of Intent from the Q
Conservation Commission. She will forward the recorded copy to the board. \CA.) y
P
Attorney Larson began by describing the property at 369 Main Street which is located in
the wireless overlay disctrict. Optasite is proposing a 170 foot monopole for T-Mobile.
It is designed for four carriers.
George Pembelton provided a site plan of the property. Joe Conte asked about the
private right of way. George states that it is a recorded access road and will be restored,
utilized, and maintained by Optasite. He also indicated that the access road will be
redirected and the concrete slab will be elevated due to the Wetlands.
Eric Phelan displayed the existing coverage map for T-Mobile, outlining that they do not
have coverage in the Rte. 57,Rte.159, and Rte. 75 area. This tower will give them
coverage in a two (2) exile radius. Attorney Larson indicated that T Mobile will be able
to connect with other recently approved sites to improve coverage and allow for a
contiguous coverage.
Mike Koperwhats discussed the topography and forest cover as constraints and the tower
visibility. Year round visibility of the tower will be limited to the local area. A balloon
float was conducted for the public benefit. Areas with visibility are mostly commercial
and industrial.
Jim Marmo asked why it is only a 2 mile radius of coverage. Eric stated they only allow
2 mile radius of coverage for this tower due to the frequency, interference and the lack of
signal strength.
1
Attorney Larson stated that the lease for this property prohibits additional towers. A
restrictive deed was recorded for the entire parcel. Other carriers may rent space on the
Optasite Tower. Fire and Police may use the tower free of charge.
Chairperson Prouty stated that the plan show the total height of the pole at 176 feet,
although they have stated 170 feet. Chuck Regulbulto confirmed that the pole will be 170
feet. She also read Section 180-97 Par. K of the zoning ordinance and expressed concern
that this tower may exceed distance to the property line. Attorney Larson stated that if the
tower fails it will fall on itself because of the pre-engineered breakpoint. They feel the
intent of Section 180-97 Par. K is satisfied.
Attorney Larson explains the photographic simulations. The Board indicated that they
had no objects to any color used for the pole.
No other questions by the board.
Chairperson Prouty read into record memo from the Planning Board approving the site
plan. She also read into record approval and comments from the Fire Department.
Chairperson Prouty advised the petitioner that the ZBA will send all the information to an
independent consultant for review. The ZBA will be using Dave Maxson from
Broadcast Signal Lab.
No one spoke in favor or against this petition.
Meeting was continued to Monday September Sd'after the 6:30 and 6:45 PM meetings
concluded.
2. Case 1833- Scagliarini
Chairperson Prouty opened this public meeting at 7:35PM by reading the public notice,
introducing the members of the board, and explaining the procedure of the meeting.
Sitting on this case were Doreen Prouty, Jim Marmo, and Joe Conte.
Bill Scagliarini, 90 Monroe Street is requesting to make an existing structure on his
property Iarger. He will not be changing the footprint of his house. He would like to add
7 feet onto the existing porch.
Chuck Thompson, 103 South Street, Holyoke is representing the builder. He indicated
the design will remain the same. The open porch will be extended and the existing porch
will be repaired.
The structure is 14.5 feet from the main road. It is zoned A-1.
Chairperson Prouty opened the public hearing.
Dennis Hopkins, 108 Monroe Street, spoke in favor of this petition by stating that the
proposal does not defy the intent of the zoning ordinance, no detriment to neighborhood
and minimal visual impact.
2
No others spoke for or against this petition.
Chairperson Prouty closed the public hearing and went directly into a public meeting by
calling for a vote.
Jim Marino-yes
Joe Conte-yes
Doreen Prouty-yes
Vote: unanimous, Public meeting closed
Chairperson Prouty explained the appeal period to the petitioner.
3. Case# 1830-Sander
Chairperson Prouty opened this public hearing and read into record a letter from the
petitioner requesting a continuation. Hearing continued to 9/8/08.
4. Minutes of July 28,2008—Prouty motion to accept seconded by Marmo vote was
unanimous.
Chairperson Prouty made the motion to adjourn at 8:10 PM seconded by Conte.
3
SI
BOARD OF APPEALS PUBLIC MEETING September 8, 2008
Tle following members attended the public meeting:
Doreen Prouty-Chairman
James Marmo - Vice Chairperson , CO �.
Joseph Conte-Clerk
r 4 :::E r:
Jennifer Bonfiglio - Secretary r, -
o n-
y�.
1. Case# 1834—Buteau
Chairperson Prouty opened this public hearing at 6:30 PM by reading public notice,
introducing the members of the board and explaining the procedure of the meeting. o'
Sitting on this case were Doreen Prouty, Jim Marmo, and Joe Conte.
The petitioner,Brian Buteau stated he would like to add on a second floor addition to his
home. He will not be changing the footprint of the house.
Joe Conte requested a plot plan. A copy from the file was provided to him. Mr. Conte
asked what the dimension of the side yards were. The petitioner stated one side is
approx. 15 ft.,the other side is approx. 15-20 ft.
Mr. Conte stated he has no objections. Mr. Marmo had no questions. Chairperson Prouty
stated that the house is non-conforming.
Chairperson Prouty opened the meeting to the public.
Jan Casiello, 69 Lealand Ave. requested to see the plot plan. She stated she is in favor.
No one spoke against this petition.
Chairperson Prouty explained the twenty day appeal period and closed the public hearing,
going directly into a public meeting.
Chairperson Prouty motions to approve and calls for a vote:
Marmo-yes
Conte-yes
Prouty-yes
Vote: Unanimous.
Public meeting closed at 6:40 PM.
2. Case # 1835—Narreau
Chairperson Prouty opened this public hearing at 6:40 PM by reading the public notice,
introducing the members of the board and explaining the procedure of the meeting.
Sitting on this case were Doreen Prouty, Jim Marmo, and Joe Conte.
The petitioner, Ronald Narreau, explained that he wants to enlarge his kitchen and
garage.
Chairperson Prouty read into record a letter from the Conservation Commission.
Henry Kozloski,Conservation Commission Chairperson, spoke and advised that the
house is not in a flood plain. Mr. Kozloski advised that the property is within 100 yd. of
a wetland,but the house is not in the wetlands. Conservation may have to make a
determination on that separately.
1
John Depalma, a local developer who built the house concurred with Henry.
Chairperson Prouty opened the hearing to the public.
Wayne Wood, 109 Katharine Drive, spoke in favor.
No one spoke against this petition.
Chairperson Prouty explained the twenty day appeal period and closed the public hearing
at 6.50 PM, going directly into a public meeting.
Chairperson Prouty explains that this addition meets all of the zoning requirements and
calls for a vote:
Marmo-yes
Conte-yes
Prouty-yes
Vote: Unanimous.
Public meeting closed at 6:55 PM.
3. Case 1830-Sander Family, LLC
Chairperson Prouty re-opened this public hearing at 7:00 PM. The Board has received a
copy of the proposed zoning amendments from the Planning Board. One proposed
amendment is to increase the size of Shopping Plaza signs from 8 sq. ft.to 16 sq. ft.
Since this directly affects this petition, it is recommended the petitioner continue this
hearing until this issue is resolved.
Chairperson Prouty motions to continue meeting until October 14''after the 6:30 meeting
has concluded.
4. Case 1831 & 1832-Optasite Towers, LLC
Chairperson Prouty re-opened this public hearing at 7:00 PM.
Attorney Simon Brighenti; represented the petitioner.
Chairperson Prouty advised the petitioner that the ZBA had not yet received the report
from Dave Maxson @ Broadcast ,Signal Lab. She indicated the Board's secretary,
Jennifer Bonfiglio, spoke with Mr. Maxson a few times over the course of the week and
he was completing his review this afternoon. He stated he would email the report prior to
this meeting. The petitioner and the board felt that this did not give anyone enough time
to review the report.
Chairperson Prouty explains to Attorney Brighenti her concern over the minimum
distance to the property line as stated in Section 180-97 Par. K of the Zoning Ordinance.
Currently the distance is 256' on one side and 258' on the other making it 2' and 4' short
respectively. Chairperson Prouty states she is troubled because the ordinance will not be
met. Mr. Conte feels the board can use judgment and the intent is satisfied.
Chairperson Prouty motions to continue meeting until September 22"d after the 6:30
meeting has concluded.
5. Minutes of August 11, 2008—Prouty motion to accept seconded by Marmo vote was
unanimous.
Chairperson Prouty made the motion to adjourn at 7:30 PM seconded by Marmo.
2
3�
BOARD OF APPEALS PUBLIC MEETING September 8, 2008
y'• T lie following members attended the public meeting:
Doreen Prouty-Chairman
James Marino -Vice Chairperson , CO <
Joseph Conte-Clerk ; .
Jennifer Bonftgho - Secretary
1. Case# 1834—Buteau
Chairperson Prouty opened this public hearing at 6:30 PM by reading public notice,
introducing the members of the board and explaining the procedure of the meeting. CII
Sitting on this case were Doreen Prouty, Jim Marmo, and Joe Conte.
The petitioner, Brian Buteau stated he would like to add on a second floor addition to his
home. He will not be changing the footprint of the house.
Joe Conte requested a plot plan. A copy from the file was provided to him. Mr. Conte
asked what the dimension of the side yards were. The petitioner stated one side is
approx. 15 ft.,the other side is approx. 15-20 ft.
Mr. Conte stated he has no objections. Mr. Marino had no questions. Chairperson Prouty
stated that the house is non-conforming.
Chairperson Prouty opened the meeting to the public.
Jan Casiello, 69 Lealand Ave, requested to see the plot plan. She stated she is in favor.
No one spoke against this petition.
Chairperson Prouty explained the twenty day appeal period and closed the public hearing,
going directly into a public meeting.
Chairperson Prouty motions to approve and calls for a vote:
Marmo-yes
Conte-yes
Prouty-yes
Vote: Unanimous.
Public meeting closed at 6:40 PM.
2. Case# 1835—Narreau
Chairperson Prouty opened this public hearing at 6:40 PM by reading the public notice,
introducing the members of the board and explaining the procedure of the meeting.
Sitting on this case were Doreen Prouty, Jim Marmo, and Joe Conte.
The petitioner,Ronald Narreau, explained that he wants to enlarge his kitchen and
garage.
Chairperson Prouty read into record a Ietter from the Conservation Commission,
Henry Kozloski, Conservation Commission Chairperson, spoke and advised that the
house is not in a flood plain. Mr. Kozloski advised that the property is within 100 yd. of
a wetland, but the house is not in the wetlands. Conservation may have to snake a
determination on that separately.
1
John Depalma, a local developer who built the house concurred with Henry.
.1
Chairperson Prouty opened the hearing to the public.
Wayne Wood, 109 Katharine Drive, spoke in favor.
No one spoke against this petition.
Chairperson Prouty explained the twenty day appeal period and closed the public hearing
at 6:50 PM, going directly into a public meeting.
Chairperson Prouty explains that this addition meets all of the zoning requirements and
calls for a vote:
Marino-yes
Conte-yes
Prouty-yes
Vote:Unanimous.
Public meeting closed at 6:55 PM.
-3. Case 1830-Sander Family,LLC
Chairperson Prouty re-opened this public hearing at 7:00 PM. The Board has received a
copy of the proposed zoning amendments from the Planning Board. One proposed
amendment is to increase the size of Shopping Plaza signs from 8 sq. ft. to 16 sq. ft.
Since this directly affects this petition, it is recommended the petitioner continue this
hearing until this issue is resolved.
Chairperson Prouty motions to continue meeting until October 14t' after the 6:30 meeting
has concluded.
4. Case 1831 & 1832-Qptasite Towers,LLC
Chairperson Prouty re-opened this public hearing at 7:00 PM.
Attorney Simon Brighenti; represented the petitioner.
Chairperson Prouty advised the petitioner that the ZBA had not yet received the report
from Dave Maxson @ Broadcast Signal Lab. She indicated the Board's secretary,
Jennifer Bonfiglio, spoke with Mr. Maxson a few times over the course of the week and
he was completing his review this afternoon. He stated he would email the report prior to
this meeting. The petitioner and the board felt that this did not give anyone enough time
to review the report.
Chairperson Prouty explains to Attorney Brighenti her concern over the minimum
distance to the property line as stated in Section 180-97 Par. K of the Zoning Ordinance.
Currently the distance is 256' on one side and 258' on the other making it 2' and 4' short
respectively. Chairperson Prouty states she is troubled because the ordinance will not be
met. Mr. Conte feels the board can use judgment and the intent is satisfied.
Chairperson Prouty motions to continue meeting until September 22"d after the 6:30
meeting has concluded.
5. Minutes of August 11,2008 —Prouty motion to accept seconded by Marmo vote was
unanimous.
Chairperson Prouty made the motion to adjourn at 7:30 PM seconded by Marmo.
2
e-P -rl� 5176
-
TOARD OF APPEALS PUBLIC MEETING October 14, 2008f�/ �S
The following members attended the public meeting:
Doreen Prouty- Chairperson
James Marmo - Vice Chairperson
Joseph Conte- Clerk
Alternate- Gary Suffriti
Jennifer Bonfiglio - Secretary
1, Case# 1837—Action Air
Chairperson Suffriti opened this public hearing at 6:35 PM by reading the public notice,
introducing the members of the board and explaining the procedure of the meeting. Sitting
on this case were Gary Suffriti, Jim Marmo, and Joe Conte.
Representing the petitioner was Shawn Barber who explained that they want to add a
conforming structure to an existing building, although the side yard does not meet the
requirements of the zoning ordinance. The addition will house office space, a bathroom,and
a conference room. Revised plans were submitted to the board.
Joseph Conte stated that everything in within the law.
Chairperson Suffriti opened the hearing to the public. Paul Chevalier spoke in favor.
No one spoke against this petition.
Chairperson Suffriti explained the twenty day appeal period and closed the public hearing at
6:40 PM, going directly into a public meeting.
Chairperson Suffriti explains that this building must be built according to the submitted plans
and tails for a vote: �
Marmo-yes
Conte-yes .
Suffriti- es
y
Vote:Unanimous.
Public meeting closed at 6:42 PM.
2. Case 41836—Morse/LeGrand
Chairperson Suffriti re-opened this public hearing at 6:45 PM by reading the public no
introducing the members of the board and explaining the procedure of the meeting. Sitti�9
on this case were Gary Suffriti, Jim Marmo, and Joe Conte.
Susan Morse explained that she would like to widen her existing porch from 4 feet to 8 feet
to allow for easier entry to the house. The depth of the porch will not be changed.
Chairperson Suffriti opened the hearing to the public. No one spoke in favor or against this
petition. Chairperson Suffriti explained the twenty day appeal period and closed the public
hearing at 6:47 PM, going directly into a public meeting.
l
s
Chairperson Suffriti motions to approve subject to receipt of the plot plan and calls for a
vote:
Marmo-yes
Conte-yes
Suffriti-yes
Vote:Unanimous.
Public meeting closed at 6.50 PM.
3. Case 1831 & 1832-Qptasite Towers, LLC
Chairperson Suf-riti re-opened this public hearing at 6:50 PM.
A letter from Attorney Carrie Larson was submitted to the board for review. This letter is a
response to the review done by Broadcast Signal Lab.
Representing the petitioner was Fred Kline from Pullman and Comley explains that they meet
and/or exceed the 250' requirement. He also explains that the location of the structure on this
site was restricting due to the landfill. He also pointed out that they have installed a pre-
engineered break point.
Chairperson Suffriti opened the hearing to the public.. No one spoke in favor or against this
petition. Chairperson Suffriti explained the twenty day appeal period and closed the public
hearing at 6:57 PM, going directly into a public meeting.
Chairperson Suffriti explains that this structure must be built according to the plans
submitted and calls for a vote:
Marmo-yes
Conte-yes
Suffriti-yes
Vote: Unanimous.
Public meeting closed at 6:58 PM.
4. Case 1830-Sander Family,LLC
Chairperson Suffriti re-opened this public hearing at 6:59 PM. Chairperson Suffriti motions
to continue meeting until December St'at 6:30.
5. Minutes of September 8,2008--Suffriti motions to accept seconded by Marmo vote was
unanimous.
Chairperson Suffriti matte the motion to adjourn at 7:00 PM seconded by Marmo.
2
�e15(j A�_�s
IOA.RD OF APPEALS PUBLIC MEETING Qctober 14, 2008
"-Ee following members attended the public meeting:
Doreen Prouty- Chairperson
James Marmo - Vice Chairperson
Joseph Conte- Clerk
Alternate- Gary Suffriti
Jennifer Bonf glio - Secretary
1. Case# 1837—Action Air
Chairperson Suffriti opened this public hearing at 6:35 PM by reading the public notice,
introducing the members of the board and explaining the procedure of the meeting. Sitting
on this case were Gary Suffriti, rim Marmo, and Joe Conte.
Representing the petitioner was Shawn Barber who explained that they want to add a
conforming structure to an existing building, although the side yard does not meet the
requirements of the zoning ordinance. The addition will house office space, a bathroom, and
a conference room. Revised plans were submitted to the board.
Joseph Conte stated that everything in within the law.
Chairperson Suffriti opened the hearing to the public. Paul Chpvalier spoke in favor.
No one spoke against this petition.
Chairperson Suffriti explained the twenty day appeal period and closed the public hearing at
6:40 PM, going directly into a public meeting.
Chairperson Suffriti explains that this building must be built according to the submitted plans
and calls for a vote: C,
Marmo-yes
Conte-yes
Suffriti-yes
Vote: Unanimous. Y
Public meeting closed at 6:42 PM. ' -'
2. Case# 1836—Morse/LeGrand
Chairperson Suffriti re-opened this public hearing at 6:45 PM by reading the public
introducing the members of the board and explaining the procedure of the meeting. Sittig
on this case were Gary Suffriti, Jim Marrero, and Joe Conte.
Susan Morse explained that she would like to widen her existing porch from 4 feet to 8 feet
to allow for easier entry to the house. The depth of the porch will not be changed.
Chairperson Suffriti opened the hearing to the public. No one spoke in favor or against this
petition. Chairperson Suffriti explained the twenty day appeal period and closed the public
hearing at 6:47 PM, going directly into a public meeting.
l
i
Chairperson Suffriti motions to approve subject to receipt of the plot plan and calls for a
vote:
Marmo-yes
Conte-yes
Suffriti-yes
Vote: Unanimous.
Public meeting closed at 6:50 PM.
3. Case 1831 & 1832-Optasite Towers,LLC
Chairperson Suffriti re-opened this public hearing at 6:50 PM.
A letter from Attorney Carrie Larson was submitted to the board for review. This letter is a
response to the review done by Broadcast Signal Lab.
Representing the petitioner was Fred Kline from Pullman and Comley explains that they meet
and/or exceed the 250' requirement. He also explains that the location of the structure on this
site was restricting due to the landfill. He also pointed out that they have installed a pre-
engineered break point.
Chairperson Suffriti opened the hearing to the public. No one spoke in favor or against this
petition. Chairperson Suffriti explained the twenty day appeal period and closed the public
hearing at 6:57 PM, going directly into a public meeting.
Chairperson Suffriti explains that this structure must be built according to the plans
submitted and calls for a vote:
Marmo-yes
Conte-yes
Suffriti-yes
Vote: Unanimous.
Public meeting closed at 6:58 PM.
4. Case 1830-Sander Family,LLC
Chairperson Suffriti re-opened this public hearing at 6:59 PM. Chairperson Suffriti motions
to continue meeting until December Bch at 6:30.
5. Minutes of September 8,2008—Suffriti motions to accept seconded by Marmo vote was
unanimous.
Chairperson Suffriti made the motion to adjourn at 7:00 PM seconded by Marino.
2
TOWN OFAGAWAM
36 MAIN STREET
AGA WAM, MA 01001 j
y 1� DECISION OF BOARD OF APPEALS f
a%
Petition of: Optasite Towers, LLC
Premises affected: 369 Main Street I
Date: October 14, 2008
Case#: 1831 k
The Agawam Board of Appeals conducted several public hearings followed by a public meeting
on October 14, 2008, at the Agawam Public Library Conference Room, 750 Cooper Street,
Agawam, MA, for all parties interested in the appeal of Optasite Towers, LLC,which is seeking
a Special Permit in accordance with Sections 180-96 of the Zoning Ordinances, which would
allow for the construction of telecommunications tower at the premises identified as 369 Main
Street. I
After the public hearing, and after a thorough review of the facts presented, the Agawam Board
of Appeals made the following findings:
1. The subject property is located in an area of Town zoned Industrial A.
2. The petitioner is seeking a special permit to construct a wireless communications tower
along with antenna and equipment.
3. The proposed tower will be One hundred seventy(170') feet in height.
4. An independent consultant, chosen by this Board,was hired to review the information
submitted by the petitioner,who found Athere is no glaring technical contradictions to the
Approval Criteria.
5. The Board has found proposed facility is within the Wireless Telecommunications
Overlay District
6. The Board has found that the proposed facility shall comply with FCC 96-326 and any
and all other applicable FCC regulations regarding emissions of electromagnet radiation
and a monitoring program in place.
7. The Board has found that the applicant is not able to use existing towers/facility sites in
or around the Town of Agawam.
4. The Board has found that the use as developed will not have undue adverse impacts on
historic resources, scenic views,residential property values, natural or man-made
resources. i
5. The Board has found that the applicant has agreed to implement measures to mitigate the
potential adverse impacts of the tower and facility. i
Decision o£ Optasite Towers,LLC
Case# 1831
October 14,2008
Therefore,by a unanimous vote of its three members, the Agawam Board of Appeals grants the
Special Permit subject to the following conditions:
1. The proposed antennas shall be constructed according to the plans submitted to this
Board entitled: Optasite Towers, LLC, drawn by Maguire Group, sheet# C-3, revised
date 8/12/2008 and signed by the members of this Board.
2. The petitioner shall post a A Removal Performance Guaranty in the form of a cash bond.
Such bond shall be agreed upon between the petitioner and this Board before the issuance
of this Special Permit. The costs necessary to obtain estimates for the removal/demolition
shall be borne by the petitioner.
3. The petitioner shall provide a certificate of insurance to this Board before the issuance of
this Special Permit. This certificate of insurance shall be submitted to the Planning Board
on an annual basis showing proof of insurance against damages to person or property.
4. The petitioner must meet with this Board every five (5)years to review, and if necessary,
adjust the monetary amounts originally specified under Conditions#2 and#3. The
petitioner shall notify this Board within ninety(90) days prior to each subsequent five (5)
year period.
5. This personal wireless tower/facility shall be removed if said tower/facility ceases to
operate for a period of one (1) year.
6. The petitioner shall immediately notify the Town if its license/permit from the Federal
Communications Commission is revoked.
7. There will be no lighting of the tower unless required by the Federal Aviation
Administration.
8. The town will be permitted to install a public safety repeater system on the tower so long
as said system does not interfere with the petitioner's use. If said equipment is available
at the time the tower is constructed, applicants will install the equipment on the tower
without any charge to the town.
9. The petitioner shall file with the Registry of Deeds a A Notice of Special Permit farm,
which shall be provided by this Board and proof of said filing must be submitted to this
Board and to the Inspector of Buildings.
10. This Special Permit shall become null and void if construction does not commence within
two (2)years from the date of this decision.
This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days
after this decision is filed with the Agawam Town Clerk.
}
James Marmo ary StWfikti V Jo eph 4nte
TOWN OF AGA WAM
36MAIN STREET
�`�r��>
AGAWAM,, MA 01001 J 41 o.
DECISION OF BOARD OF APPEALS
�MP
Petition of: Optasite Towers, LLC
Premises affected: 369 Main Street I
Date: October 14, 2008
Case#: 1832 f
The Agawam Board of Appeals conducted several public hearings followed by a public meeting
on October 14, 2008, at the Agawam Public Library Conference Room, 750 Cooper Street,
Agawam, MA, for all parties interested in the appeal of Optasite Towers, LLC, which is seeking
a Special Permit in accordance with Sections 180-69, Paragraph G of the Zoning Ordinances,
which would allow for the construction of telecommunications facility that has been found to lie
within a flood plain at the premises identified as 369 Main Street.
After the public hearing, and after a thorough review of the facts presented,the Agawam Board
of Appeals made the following findings:
1. The subject property is located in an area of Town zoned Industrial A.
2. The petitioner proposes to construct a One hundred seventy (170') foot
telecommunications tower and equipment on the subject property. f
3. The subject property is located within the 100 year floodplain Zone A as identified by
HUD Flood Map 250133-002A.
4. Approval was received from the Agawam Conservation Commission for this proposed
telecommunications facility on July 24, 2008.
5. Section 180-71, Paragraph A of the Town of Agawam's Zoning ordinances allows the
granting of a special permit for the use or development of land and for the construction
and erection of a building or structure found to lie within the flood plain with certain
conditions. I
6. The proposed equipment shelters will be above the level of the 100 year flood.
7. The proposed use of the subject property under Article XII (floodplain zone)will not
endanger the health and safety of the occupants of land within the floodplain or to the
public.
8. The proposed telecommunication facility is an allowed use in an Industrial A Zoning
district. The subject property is an appropriate location for such a use and structure
9. No evidence was submitted demonstrating that this proposed structure would have an
adverse affect on the health, safety or property value of the neighborhood.
10. There will be no nuisance or potential hazards to vehicular or pedestrian safety.
11. Adequate and appropriate facilities and controls have been provided for the proper and
safe operation of the proposed telecommunication facility.
12. The proposed telecommunication facility is not considered to be so objectionable or
obnoxious that the proposed use would be against the public interest or detrimental or
injurious to the character of the neighborhood.
Decision of: Optasite Towers, LLC
Case# 1832
October 14, 2008
Based on these findings, the board is of the opinion that it is within the authority of the Agawam
Zoning Board of Appeals to grant a special permit as stated under Section 180-71 of the Agawam
Zoning Ordinances of the Code of the Town of Agawam.
Therefore, by a unanimous vote of its three members, the Agawam Board of Appeals grants the
Special Permit subject to the following conditions:
1. The proposed structure shall be constructed according to the plans submitted to this
Board entitled: Optasite Towers, LLC, drawn by Maguire Group, sheet# C-3,revised
date 8/12/2008 and signed by the members of this Board.
2. The petitioner shall file with the Registry of Deeds a A Notice of Special Permit form,
which shall be provided by this Board and proof of said filing must be submitted to this
Board and to the Inspector of Buildings.
3. This Special Permit shall become null and void if construction does not commence within
two (2) years from the date of this decision.
This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days
after this decision is filed with the Agawam Town Clerk.
t
James Marmo G uffr' oseph tonte
Town of
Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
PLANNING BOARD
co
Cn
September 5, 2008
5,c:
Charles Regulbuto C'
Optasite Towers, LLC
One Research Drive, Suite 200C
Westborough, MA 01581
Dear Mr. Regulbuto:
At its duly called meeting held on September 4, 2008, the Agawam Planning Board discussed the
various tower types for use at the 369 Main Street site that you provided and voted that the Cor-
Ten Steel Monopole be used.
If you have any questions, please contact this office at 786-0400, extension 283.
Sincerely,
�41—��
0"—t -{
Travis Ward, Chairman
AGAWAM PLANNING BOARD
TW:prk
cc: Pullman & Comley, LLC
ZBA, Building Dept., Eng. Dept., To Clerk, File
opr�s1-7,c rdwE0e,
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
PLANNING BOARD
u
�r
August 8, 2008
Charles Regulbuto co
Optasite Towers, LLC
One Research Drive, Suite 200C
Westborough, MA 01581
Dear Mr. Regulbuto:
At its duly called meeting held on August 7, 2008, the Agawam Planning Board approved the site
plan entitled "Proposed Wireless Telecommunications Facility, 369 Main Street, Agawam, MA;
Prepared for: Optasite Towers LLC, Westborough, MA; Prepared by the Maguire Group"dated
8/10/06, Revised 6/24/08 with the following conditions:
-- Agawam Fire Department comments (attached) are to be addressed;
-- a representative of the Agawam Engineering Department shall be present when soil
borings are done for the tower location;
-- examples of the types of towers available shall be submitted to the Planning Board for
review, in terms of aesthetics, and approval.
If you have any questions, please contact this office at 786-0400, extension 283.
Sincerely,
Travis Ward, Chairman.
AGAWAM PLANNING BOARD
cc: Attorney Larson; ZBA; Building Insp.; Engineering Dept.; AFD; T n Clerk; File
� v
OVERALL SITE PLAN WU z 0 d
J U Z
—J — Q
SITE PLAN v oc�
� z [Tj � �
PLAN & EQUIPMENT LAYOUT 3: m = z 0
p o (n Q
I-- U W Q «
PLAN W cn J
�- w �- W
QW
t--
1—�
(I} Z
on Q
2-2
a_ cr)
o c0
EROSION CONTROL DETAILS w K7
n 710 EPT- PROJECT NO.: 17982.1000
sr � °' DESIGNED BY: GMP
e m ix �rj 12 r DRAWN BY: GKP
CHK'D BY: WGM
DATE: 8/10/06
�f 7V GWf?X �j'�r :/ � " ' SCALE: AS NOTED
SHEET NO..
CONSERVATION
COMMISSION G - 1
SHEET 1 OF 10