Planning Board grilled over cell tower proposal

Hudson - Members of the Hudson Planning Board answered sharp questioning from a handful of concerned residents at its Dec. 22 meeting, as it considered a proposal to install a cell phone tower near the water tower at 1 Mildred Circle on Pores Hill.

A cell phone company, MetroPCS, and residents both spoke at the public hearing.

Planning Board members said beforehand they would be happy to hear all the questions residents might have, but very few of the questions would likely come within the authority of the board to consider.

"There is a gross misperception of what the Planning Board role is in the cell tower review," Planning Board Chair Robert D'Amelio said.

He said the board had recently considered two applications, and the limitations came sharply into focus.

"We were told by our legal counsel that we are outside the purview of what you [MetroPCS] are trying to do," D'Amelio said.

D'Amelio explained that the Zoning Board of Appeals (ZBA) would handle most questions relating to permission for the structure. The Planning Board could only answer questions related to five narrowly defined criteria, such as noise pollution, issues of water and sewage, traffic and other relatively minor points.

Planning Director Jennifer Burke told the hearing that the Planning Board is limited in what it can consider.

"Other issues, such as fallzone coverage, the fact that there is already a tower on the site, will be addressed by the Zoning Board of Appeals," Burke said.

Burke also said the issue of whether cell phone towers cause heath problems could not be addressed at the town level at all.

"Municipalities cannot under any circumstances consider the health eff ects of cell towers," Burke said.

Attorney for MetroPCS George Hall outlined the intentions of the company. It planned to build a tower less than 50 yards away from an existing tower on the site, next to the water tower.

The cell phone tower would be 96 feet high, Hall said. It would be capable of holding antennas for three carriers. The antennae would be embedded within the tower, which would be a monopole, most likely painted a low-visibility gray. Hall presented photos to the board and invited the residents to study the design.

The tower would be very quiet, Hall said.

"[The equipment,]" he said, "is powered by gel batteries. There are no standby generators."

Hall said the site at the water tower is not the company's first choice. It prefers a site at 43 Broad St., on a smokestack, for which it has also filed an application. But that site lies outside the town's overlay district for cell towers.

Because the Pores Hill site lies within the overlay district, it has planning priority. Only if the Pores Hill site were to be rejected could the company then gain permission to build at Broad Street. The company will withdraw the application for either project should the other one go through, Hall said.

Residents said they had a number of concerns. Kevin Walor asked the board why another cell tower would be good for the town.

D'Amelio replied the tower would improve cell reception in the town. He added the cell tower would be less than 100 feet high, which is no higher than the current cell tower at the site.

Jason Caterino asked the board whether another cell tower at the site would place an undue burden on the surrounding neighbors. He noted the Planning Board is required by the town's bylaws to try to preserve the property values within the town, and suggested Pores Hill residents had done enough already to help residents receive cell phone coverage.

"I think it is unlikely that a second cell tower on the property is not going to have a significant impact on property values of the surrounding houses," Caterino said. "It is in our back yard. The question is where does it end?"

But board members said the town needs to balance the public good with the needs of private citizens, and noted cell phone coverage in Hudson has been generally poor until very recently, when more towers were approved. And under federal law, the town must allow cell towers to be built somewhere within the town, board members said.

"The law was set up so we can't arbitrarily say no," board member James Vereault said.

He added that the board would try to meet the needs of the residents as best it could within that constraint.

Board members also said each cell provider has an equal right to access to the town. But, they added, the town government has invited bids from cell companies, and bears some responsibility for the permits.

"I encourage you to talk to the selectmen if you don't like them," Vereault said. "They are the ones that put out the bids.

Board members noted there is a limited number of cell phone slots in the town, and having two towers on one location is not unduly burdensome, whereas having 20 towers would be.

Residents disagreed. They asked if some screening could be made available to block the view from close up.

Hall said the company would be happy to put up six or so bushes to help hide the cell tower.

Burke said the town would have to check with the Hudson Department of Public Works (DPW), which is responsible for the fence at the site, to see what kind of shrubbery would be acceptable.

The board decided to delay the vote until its next meeting Tuesday Jan. 6. The application could then proceed to the ZBA.