Clarksburg Denies Special Permit for Verizon Cell Tower
CLARKSBURG, Mass. — The Planning Board on Tuesday unanimously rejected a proposal by Verizon to site a 140-foot monopole at the former North Adams Country Club.
The decision came after an hour of deliberations, half of which was taken up by member Carl McKinney reading through the town's wireless telecommunications bylaw to explain both the bylaw and his reasoning for what would eventually be a no vote.
"We don't make it lightly," McKinney said the planners' decision. "It is my understanding our purpose is to determine whether this meets the zoning bylaw."
The four-person board decided it did not.
The main drivers appeared to be two elements of the bylaw passed at last year's town meeting:
"That the applicant has proven that it cannot provide adequate coverage or capacity by installing its equipment on an existing tower or structure or by using repeaters in conjunction with existing facilities"; and that the facility "will not have an undue adverse impact on historic resources, scenic view, residential property values and natural and man-made resources."
If the proposal did not meet those, then it failed, according to the bylaw, to "comply with all requirements set forth in this bylaw."
McKinney said Verizon had failed to convince him during the public hearing and informational sessions that a cell tower was necessary within five miles of another telecommunication facility as outlined in the bylaw.
Verizon has antennas on a facility owned by North Adams Tower Co. on Florida Mountain; the siting at the country club on Route 8 put the proposed tower closer than five miles.
The single tower on Florida Mountain covers a huge geographical area but that can also limit its ability to provide reliable service even with a good connection, Verizon's experts had argued. The secondary tower would allow better capacity and quality to meet growing demands for data connections in that part of Clarksburg and the Route 8.
Residents countered that the telecommunications company could expand its service along Route 8 by using other locations or "mini repeaters"; but the company said putting towers in other locations like the town landfill or farther up Route 8 into Stamford, Vt., wouldn't suffice.
"The applicant was repeatedly questioned whether that facility [on Florida Mountain] could not be modified or used," McKinney said. "The applicant did not appear willing to modify or adapt that facility."
There was also concern over a lawsuit North Adams Tower Co. has filed suit against Verizon for losses sustained in the collapse of its two cell towers in 2014. The tower company says Verizon added equipment that caused the collapse of one tower, which then toppled its twin. The carrier brought in a shorter, temporary tower that was used for nearly a year before the tower company installed a new monopole.
Residents have accused the company of trying to use Clarksburg as way to counter the suit brought by the tower company.
Verizon representatives repeatedly said they still had access to the mountain tower and had no plans to abandon it. But McKinney, also the town administrator, did not think Verizon has been clear enough on that issue.
Planner Eric Booth had problems with how the tower might affect property values, but was worried that the board had approved solar arrays that might also be considered eyesores.
"I get a little hung up on that ... if it's OK to approve for some people but not others," he said. "What's good for every resident needs to be the same for every resident."
McKinney agreed that it might not be as fair to evaluate the cell tower but not a solar array, but noted that may change as soon as proposed solar bylaw can be approved.
And as a real estate broker, he didn't believe Verizon's report that property values would be unaffected to be true.
"It's one of the most scenic roads in this town and the house across the street was built in the 1770s," he said. "I have a problem with how it will affect the values of neighboring homes."
Planner Audrey Matys wondered if this was an issue town meeting should take up but McKinney said the passage of the bylaw itself meant town meeting had authorized them to make the decision.
No questions or other comments were taken during the meeting at the Senior Center; a number of abuttors attended but not as many as at last month's public hearing. The board has been pushing to get through the permitting process as a mostly brand-new Planning Board will be elected in two weeks. Planners have been taking information on the cell tower since last August.
In the end, all four planners determined that Verizon did not meet "all requirements," and McKinney motioned to deny the special permit with Planner Gary Pierce seconding.
Tags: cell tower, Planning Board, Verizon,
