image description
Bryan Tanner states his objections to having a cell tower within 35 feet of his property line.
image description
Turnout for the Planning Board meeting was unusually high.

Clarksburg Planning Board Rejects Cell Tower Plans

By Jack GuerinoiBerkshires Staff
Print Story | Email Story

Attorneys Ellen Freyman and Michael A. Fenton review Verizon's application with the Planning Board.

CLARKSBURG, Mass. — The Planning Board marked the application for the proposed Verizon cellular tower at the defuct golf course as incomplete on Thursday and told the applicants to go back to the drawing board.

The board voted to not accept Verizon's request for a setback variance for the 125-foot monopole.

Pittsfield Cellular Telephone Co., doing business as Verizon, has applied for a special permit under the town's new wireless communications bylaw to install a cellular tower on the 641 River Road property, formerly the North Adams Country Club.

Chairman David Sherman noted that the tower is only 35 feet away from abutter Bryan Tanner's property line. To meet the bylaw, the tower would have to be set back at least 150 percent of its height from the closest property line.

"What you submitted went totally against our bylaw and we need to figure out a way to get past that," Sherman said. "Where we go from here is what we have to discuss."

Attorney Ellen Freyman, representing Verizon with fellow attorney Michael A. Fenton, of Shatz, Schwarz & Fentin PC, said the tower was designed last year under the older bylaws. A decision was made to not adhere to the new setback requirement because it was felt it would be more advantageous to keep the tower where their client originally planned.

"Visually the way it is set back now, it is tucked up against the trees so you don't see it versus being out in a more open area," she said. "If we had the larger setback it might affect the use of the property ... it seemed like the best location."

Tanner, town moderator, said he opposed to granting the variance.

"I am very much opposed to the entire project not only because it impacts my property, but it has an impact on everybody else's property in the area," Tanner said. "There are many other people in the area in this room tonight who are represented that have some other concerns whether they be visual, health related, or whatever they happen to be,"

Tanner said he was concerned about the tower falling onto his property and also the liability he faces if one of his trees falls and damages the tower.

"We know towers can fail and fall ... so my concern is if the tower falls onto my property but also vice versa trees can fall," he asked. "I have trees on that line that could easily fall in that area because they are taller and what will be my liability?"

He added that he was concerned that the tower would negatively affect property values of surrounding homes and will dissuade any sort of development if the area is no longer a woodlot.

Tanner also questioned the height of the tower once the attennaes are attached and the noise of its generator. He also claimed someone would have had to trespass on his property to do the tower's wetlands study.

"Who gave authority to have the study done and who was the company that trespassed onto my property in order to get that accomplished and included it in the plans?" he said. "Obviously, a lot of this transpired in the last week but the project has been under the radar."  

Golf course owner Todd Driscoll said the tower could be moved on his property if it would solve any issues.

"There is really no reason you can't pull that tower in 200 feet if you want," Driscoll said. "We own 80 acres up there ... you could pull that in as far as you wanted and you still would not see it from the road."



Freyman said she would bring this to her client for discussion.

Tanner said he still opposed the project but was glad to hear that Driscoll offered to allow the change.

Planners also questioned the proposed tower's proximity to the one on Florida Mountain, which is 1.7 miles away. A special permit can only be approved if the applicant can prove that installing equipment on an existing tower would not provide acceptable coverage.

Sherman asked if it was possible to place a repeater on the existing tower.

Freyman said the reason why a repeater would not work is included in the submitted narrative. She said specific questions would be better answered by the engineer. She said they tend to go with the least expensive option so there is a reason for an entirely new tower.    

Town Administrator Carl McKinney asked if they could just return the coverage to its previous working order. He said coverage was perfect before the Florida tower collapsed in the ice storm two years ago.

"Whatever they put up there is not anywhere near where it was," he said. "Maybe we should consider asking for the coverage that was there before they did what they did up there."

The proposed tower also violates the height regulation by exceeding 20 feet above the tree line.

Freyman noted this is for better coverage and visibility but added it can better be explained by technical experts at the public hearing.

She asked if it was possible to submit changes to the application.

Sherman said they would most likely run out of time because the application was submitted July 27. He said the Planning Board is following the Federal Communications Commission's "shot clock" rule for cell towers. A 30-day countdown begins when the application is submitted. It  also would not make sense to try to schedule a balloon test in this period when there is talk about moving the tower.

Sherman said by marking the application as incomplete, the "shot clock" stops and they can resubmit for approval.

He did add that the Planning Board does understand the importance of cell towers but wants to do right by the town.

"The board does recognize the importance of cell towers and the ability to provide coverage," he said. "It is a public service, and everyone has cell phones. As we move forward we have to keep in mind without cell towers we would all be in trouble, it is just a matter of finding the right spots for them."

Freyman said technical experts and engineers will attend any to answer questions.


Tags: cell tower,   Planning Board,   Verizon,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

Crosby/Conte Statement of Interest Gets OK From Council

By Brittany PolitoiBerkshires Staff

Architect Carl Franceschi and Superintendent Joseph Curtis address the City Council on Tuesday.

PITTSFIELD, Mass. — With the approval of all necessary bodies, the school district will submit a statement of interest for a combined build on the site of Crosby Elementary School.

The City Council on Tuesday unanimously gave Superintendent Joseph Curtis the green light for the SOI to the Massachusetts School Building Authority by April 12.

"The statement I would make is we should have learned by our mistakes in the past," Mayor Peter Marchetti said.

"Twenty years ago, we could have built a wastewater treatment plant a lot cheaper than we could a couple of years ago and we can wait 10 years and get in line to build a new school or we can start now and, hopefully, when we get into that process and be able to do it cheaper then we can do a decade from now."

The proposal rebuilds Conte Community School and Crosby on the West Street site with shared facilities, as both have outdated campuses, insufficient layouts, and need significant repair. A rough timeline shows a feasibility study in 2026 with design and construction ranging from 2027 to 2028.

Following the SOI, the next step would be a feasibility study to determine the specific needs and parameters of the project, costing about $1.5 million and partially covered by the state. There is a potential for 80 percent reimbursement through the MSBA, who will decide on the project by the end of the year.

Earlier this month, city officials took a tour of both schools — some were shocked at the conditions students are learning in.

Silvio O. Conte Community School, built in 1974, is a 69,500 square foot open-concept facility that was popular in the 1960s and 1970s but the quad classroom layout poses educational and security risks.  John C. Crosby Elementary School, built in 1962, is about 69,800 square feet and was built as a junior high school so several aspects had to be adapted for elementary use.

Ward 6 Councilor Dina Lampiasi said the walkthrough was "striking" at points, particularly at Conte, and had her thinking there was no way she would want her child educated there. She recognized that not everyone has the ability to choose where their child goes to school and "we need to do better."

"The two facilities that we are looking at I think are a great place to start," she said.

"As the Ward 6 councilor, this is where my residents and my students are going to school so selfishly yes, I want to see this project happen but looking at how we are educating Pittsfield students, this is going to give us a big bang for our buck and it's going to help improve the educational experience of a vast group of students in our city."

During the tour, Ward 5 Councilor Patrick Kavey, saw where it could be difficult to pay attention in an open classroom with so much going on and imagined the struggle for students.

Councilor at Large Alisa Costa said, "we cannot afford not to do this" because the city needs schools that people want their children to attend.

"I know that every financial decision we make is tough but we have to figure this out. If the roof on your house were crumbling in, you'd have to figure it out and that's where we're at and we can't afford to wait any longer," she said.

"We can't afford for the sake of the children going to our schools, for the sake of our city that we want to see grow so we have to build a city where people want to go."

Councilor at Large Kathy Amuso, who served on the School Building Needs Commission for about 18 years, pointed out that the panel identified a need to address Conte in 2008.

Curtis addressed questions about the fate of Conte if the build were to happen, explaining that it could be kept as an active space for community use, house the Eagle Academy or the Adult Learning Center, or house the central offices.

School attendance zones are a point of discussion for the entire school district and for this project.

"At one time I think we had 36 school buildings and now we have essentially 12 and then it would go down again but in a thoughtful way," Curtis said.

Currently, eight attendance zones designate where a student will go to elementary school. Part of the vision is to collapse those zones into three with hopes of building a plan that incorporates partner schools in each attendance zone.

"I think that going from eight schools to three would be easier to maintain and I think it would make more sense but in order to get there we will have to build these buildings and we will have to spend money," Kavey said, hoping that the city would receive the 80 percent reimbursement it is vying for.

This plan for West Street, which is subject to change, has the potential to house grades pre-kindergarten to first grade in one school and Grades 2 to 4 in another with both having their own identities and administrations. 

The districtwide vision for middle school students is to divide all students into a grade five and six school and a grade seven and eight school to ensure equity.

"The vagueness of what that looks like is worrisome to some folks that I have talked to," Lampiasi said.

Curtis emphasized that these changes would have to be voted on by the School Committee and include public input.

"We've talked about it conceptually just to illustrate a possible grade span allocation," he said. "No decisions have been made at all by the School Committee, even the grade-span proposals."

School Committee Chair William Cameron said it is civic duty of the committee and council to move forward with the SOI.
 
He explained that when seven of the city's schools were renovated in the late 1990s, the community schools were only 25 years old and Crosby was 35 years old.  The commonwealth did not deem them to be sorely in need of renovation or replacement.
 
"Now 25 years later, Crosby is physically decrepit and an eyesore. It houses students ages three to 11 in a facility meant for use by teenagers,"
 
"Conte and Morningside opened in the mid-1970s. They were built as then state-of-the-art schools featuring large elongated rectangles of open instructional space. Over almost half a century, these physical arrangements have proven to be inadequate for teaching core academic skills effectively to students, many of whom need extra services and a distraction-free environment if they are to realize their full academic potential."
 
He said  the proposal addresses a serious problem in the "economically poorest, most ethnically, culturally, and linguistically diverse area" of the city.
 
Cameron added that these facilities have been deemed unsatisfactory and need to be replaced as part of the project to reimagine how the city can best meet the educational needs of its students.  He said it is the local government's job to move this project forward to ensure that children learn in an environment that is conducive to their thriving academically.
 
"The process of meeting this responsibility needs to begin here tonight," he said.
 
View Full Story

More Clarksburg Stories