ZBA Administrative Meeting Minutes 3/26/2020

Meeting date: 
Thursday, March 26, 2020

ZBA Administrative Meeting Minutes

Address: 73 Chestnut Hill

Date:  3/26/2020

Hearing began at: 9:50am

Members Present Remotely:  Jonathan Levin, Chair, Scott Jenssen, Susan Cooper, Michael Banner and Gary Shaw

Also present remotely: Carl W. Gehring, John Szablowski, Kip Devito, Steven Weisz

The meeting began with Jonathan Levin, Chair, explaining the process for today’s administrative meeting.  The meeting notice and letter received from the Monterey Chief of Police were read into record.

Carl Gehring of Verizon Wireless and representative for Cellco Partnership d/b/a Verizon Wireless was asked to make a short and concise presentation.  Mr. Gehring stated that if approval is received today a building permit will still be required.  It was confirmed that only a majority (not a super majority) vote is required for this administrative request today.

Carl referred to the application submitted to assist in presenting the purpose of today’s application.  Page 3, section c of the application submitted explains the law and why a special permit is not required for today’s application.

Jon Levin summarized the proposal and how the most recent amendment to the telecommunications statute allows their proposed additions by right, providing they meet the necessary requirements.  Our town counsel and building commissioner have determined that the Zoning Board of Appeals is the proper venue for addressing and approving the request.

73 Chestnut Hill Road (Cellco Partnership ) Administrative Eligible Facilities Request Determination

On February 28, 2020, the Monterey Zoning Board of Appeals “Board” received the following documents in connection with the request of Cellco Partnership d/b/a Verizon Wireless (“Applicant”) to co-locate wireless transmission equipment and facilities on the existing cell tower and surrounding compound located at 73 Chestnut Hill Road:

  1. Zoning Board of Appeals Application dated February 28, 2020;
  2. Letter and attachments from Gehring & Associates, LLC., dated February 28, 2020
  3. Legal Notice and Publication
  4. Letters and Comments read into the public record

The Application does not require a new, amended or superseding special permit if the Board determines that the proposed work to the existing cell tower should be deemed an Eligible Facilities Request with Eligible Modifications to the existing facility.

After discussion and review of the submitted materials, the Board made the following findings:

  1. There exists on the site a previously approved cell tower and compound, by Special Permit issued by the Zoning Board of Appeals on November 29, 2018. 
  2. The original Special Permit, as approved, contemplated co-location equipment from other carriers in addition to the original cell carrier putting forth the original application.
  3. The approved tower is of sufficient height and the approved tower compound is of sufficient area to permit additional carrier co-location equipment.
  4. The proposed co-location equipment of Applicant will be below the existing equipment of AT&T on the tower itself, and the proposed co-location equipment on the ground will be within the existing leased area and compound of the facility.
  5. Sufficient utilities exist to service the Applicant’s co-location equipment.
  6. The proposed co-location is below the substantial change thresholds of all criteria of Eligible Facilities Request modifications under Federal Law, as cited in applicants submitted materials.
  7. The proposed addition of the co-location equipment to the existing cell tower and compound qualifies as an Eligible Facilities Request under Federal Law, as cited in Applicant’s submitted materials.

The Board determines that the Applicant does not need a new, amended or superseding special permit to install the co-location equipment on the cell tower and the compound. To the extent required or permitted by this Board, the Board administratively approves the Applicant’s request for such installations and the Board determines that the Town of Monterey Building Commissioner is authorized to issue a building permit for the installation, subject to applicable state and local building code requirements and any and all conditions cited within the original Special Permit for the cell tower.

The Board endorses the above findings by a vote of 5 to 0.

A motion was made to grant administrative approval to the request of Cellco Partnership d/b/a Verizon Wireless which meets the requirements and that no further action is required.  The motion was seconded.  The motion passed unanimously.

The meeting concluded at 10:25am

Submitted by

Melissa Noe, Administrative Assistant