 I'm going to call to order the meeting of the Arlington New Development Board of June 2nd, 2014. Our first order of business tonight, sorry we're starting a little bit late, my apologies, stuck in a little bit of traffic on 128 on the way, is an environmental design review hearing to grant special permit for Verizon wireless rooftop equipment at Greater Boston Motorsports, 1098-1100 Mass App. And I'm going to have the applicant come forward, please, but while you're getting ready, I think we're also going to ask the director of planning to go further forward as well. Sure. So... I think there's nothing left for me to say. I'm sure there will be, so why don't we have you introduce yourself to start? My name is David Plasnik, I'm an attorney representing Verizon Wireless. Did you want me to go first? Yeah, sure. Why don't you start with what you're proposing and then I'll have staff get the report that they have. Yes. Well, once again, good evening. Verizon Wireless has found an application, as the chairman has just read into the record, to co-locate a wireless telecommunications facility on the rooftop of the existing building located, I think it's known as the Greater Boston Motorsports Building at 1098-1100 Mass. In regards to the reliefs that has been requested, as far as the special program of the environmental design review, I mean, there was some discussion where we went back and forth a little bit. I think there's been some delegation of some of the wireless review authority amongst the Board of Appeals and this board. This termination was made working with Carol and Mike Brine and Douglas Brine Town Council regarding the exact correct way to file this application. So we did go forward with the environmental review special permit. And looking at the bylaw under section 5.11b, essentially this isn't allowed use as Carol outlined in her staff report to the board wireless telecommunications facility in business for zoning district isn't allowed use. So Verizon Wireless is proposing something that's recognized by the bylaw as consistent with its standards. In regards to the actual requirements for environmental design review and special permit, what we did in those packets that you had there is we went through, I think, and put together a project brief where we described compliance with both the special permit standards under 10.111 and also 11.06 environmental design. So what we tried to do was go through each one of those criteria and show how it went back. In regards to the actual facility that we're proposing, this is a copy from the plans that were submitted to the board. Initially I would just, you know, block the camera, but initially I would just note that in our existing wireless service as noted in the staff memo, there are existing wireless facilities located at this particular location. Right here is the facility that I understand now, Sprint utilizes. You know, it's a police screen. They have an equipment shelter on the roof. They have their antennas. And in addition to that, T-Mobile subsequent to that installation that received approval to co-locate on this building as well. This is one of their antennas. They have some equipment on the lower roof. And that's one of their antennas there. So this facility and over here as well, T-Mobile. So this is a building that currently does have wireless service providers. In regards to the Verizon Wireless Facility, Verizon Wireless is proposing to, similar to what Sprint has done, is to offer a fully screened facility. So Verizon Wireless deploys a total of 12 antennas with remote radio heads, cabling and other necessary materials. But the aid of the antennas will be on this, here's Massachusetts Avenue. Aid of the antennas will be located behind the screen wall. As you can see it has two sides here. It's 10 feet long by 3 feet wide. That will enclose 8 of the 12 necessary antennas. And then to support the facility, Verizon Wireless installs an equipment shelter similar to what Sprint has installed up there. It contains its radio equipment. It also contains an emergency backup generator that's an actual gas power and that's necessary for service reliability at the facility in case there is a disruption of power. It's not used for normal operations only there for emergency backup situations. And in addition to utilize that as a platform Verizon Wireless is proposing to install its other four antennas, once again behind the screen in the area on the side of the equipment shelter. So that's the roof plan or the birds eye view if you will. And then in addition we have included an elevation and elevation view. Once again these are the T-Mobile antennas. And this in front of Verizon Wireless's shelter is that Sprint enclosure very much closer to Massachusetts Avenue. That's Verizon Wireless's shelter located about the same height as the existing Sprint facility. And then there were the other antennas that I have made reference to close behind the screen wall. Those are the additional 8 antennas at Verizon Wireless proposing to deploy this location. So I think it's a facility that's kind of consistent and it's already been located there. In addition Verizon Wireless provided photo simulations with the packet. I don't know if the board wants to go over those. You already reviewed those. They're at tab 3 to the application. You'd be using tab 3 or the more recently dated one. The dates are different though. Yeah, no I would use the more recent one. That's our individual packet. So what Verizon Wireless has provided is four separate views from various locations. On the front cover is a photo location at 1, 2, 3, 4. The first one is from 35 Quincy Street or the proximity of 35 Quincy Street. Location 1 it shows as the building exists. You flip over to the next page. What this shows is the screen antennas on the corner there. And then also keeping above the roof line a little bit is the Verizon Wireless shelter. The next slide is from the proximity of 12 Higgins Street. The other location. And right there you don't really have much visibility of Verizon Wireless. It's a facility that's kind of blocked by the strength facility. The next one is from across the street. It's again existing conditions. And then this shows Verizon Wireless's equipment shelter there to the left. And these screen antennas to the right. And then the last one is from Massachusetts Avenue right across the street. And it shows once again, you can see that once again the sprint equipment blocks the Verizon Wireless shelter but you can't see the proposed performance. So that's sort of a visual analysis. And then in addition in the packet what we tried to include was some detailed coverage maps and also an RFS at Ava certified by the art engineer which essentially provides evidence to the support of the need for the facility to satisfy coverage and capacity issues at Verizon Wireless. I think what we've tried to do is put together a comprehensive presentation of the facility and why we need the facility. At this point we're not available to try and answer any questions. Before we start, in my rush, I failed to mention that we are missing one board member this evening in the west. Couldn't be here tonight. Which means that there's four of us here this evening. And it's been one practice of this board in order for a special permit to be granted under the environmental design review. We need four out of the five members. Which means that you need a unanimous approval tonight in order to go forward. Do you want to continue with the hearing? I should have said this up front. No, I wasn't being aware of that. I didn't know if he could review the tape and if that's something that our review does. It's not typically something that we would do on something like this. If it goes further than tonight, that's a possibility so that he could then take part in it afterwards. But I did want to make you aware that you would need all four to go in for whatever decision there is. Thank you. I appreciate that. You want to continue then? Yes. We decided. Okay. Once again, I apologize. I should have done that up front. That's kind of rushing in here. I just realized it as you were speaking. Thank you. Before I open it up for the board, I'd like to ask the planning director has done a little bit of, or not a little bit, a lot of work with respect to this particular site and on this particular application. And so I want to open it up to Carol to present us. One strange thing that you may want to go into is just a little bit of the history, and that this is a little bit of a continuation of that here because it's how this first presented and some of that. This application came in in January and it was unclear whether it should go to the Zoning Board of Appeals or to the Arlington Development Board. A couple of years ago, town meeting moved the authority for reviewing special permit applications for wireless antennas to the Zoning Board of Appeals. But because this is subject to prior environmental design review special permits, quite a number of environmental design review special permits, and because on its own it would qualify by its presence on Mass Ave as a property subject to environmental design review, it was ultimately decided that it would properly be heard by this board. So if there are any questions about that, I'd be happy to try to address them. I hope that explains why. It's before the redevelopment board. The properties at Greater Busta Motor Sports are actually 1092, 1098, the 1100 Mass Ave. And there's a long history of special permits and variances on this property. Going back to about 1982, I actually don't know how many there are. There are many, many special permits. I counted about five for wireless carriers. There's also a long history and pattern of violations of general bylaws, particularly for parking and zoning bylaws and concerns that prior special permit terms and conditions have not been met. And this is a chronic problem supported by the staff of the Board of Selectment and the Community Safety Officer and the Director of Inspectional Services. In short, some of the primary concerns are there is a requirement for on-site parking for some of the business uses in the building. And there is an on-site parking plan. It appears that the parking spaces on site are occupied by merchandise vehicles and quite possibly repair vehicles that are waiting or waiting to be picked up by their owners. But it's also possible that there's at least one temporary structure at the back of the lot occupying some of the required on-site parking spaces. There's also a requirement that as the property owner leases to new tenants that they are supposed to come before the Board to be sure that the additional on-site parking or the dedicated on-site parking for that business use are accommodated on the site. It doesn't appear as though a couple of the tenants were reviewed by the Board presented to the Board. So there's also a concern that there may be additional on-site parking needs beyond what is approved. But we don't know that because they haven't been presented to the Board. The general bylaw concern is with regard to on-street parking. Greater Boston Motorsports must be doing very well because they have a great deal of merchandise vehicles displayed on a routine basis on Mass App parking spaces. And when they are ticketed they pay the fine and they put the vehicles back out. I have noticed in the last week or so that there haven't been as many vehicles out on the street. That's good, but this is a problem that's gone on for many years. And it does improve it seems when there's a permit that's just been issued or about to be unheard. And then it's back to the case where there's merchandise vehicles on the street. And this is a concern in this area because there are other businesses. There are crosswalks and there's a walking route to the middle school which is just up the hill on the side street. There's an awful lot of pedestrian activity in that area. People of all ages, middle school children, elderly, a lot of elderly crossing at that intersection. So it makes for a very kind of congested and chaotic area. And like I said this has gone on for quite a long time. Typically the board in the past has sought to bring a property into compliance when you're preparing to hear or when you're in the middle of a hearing. In a couple instances in the Director's Report, the board is supposed to review the proposal against a number of standards that are found in the zoning bylaw. And I feel that in some of these instances the intensity of use on the site prevents the board, in my view, from being able to say that the standards are being met. So I've advised, I've recommended to the board that perhaps they could try to seek compliance through Mr. Claesnick who has permission to act as the owner's agent and to consider whether the property could come into compliance for a period of time and that that could be certified by the Director of the Professional Services and that if the applicant is willing that if you wanted to come up with a period of time to give the property under some time to come into compliance and for that compliance to be lasting and then at a time certain, revisit in other words to continue until then and then have the board act on the proposal at that time. That's a thumbnail sketch of the circumstances on the site and my recommendations to the board. Thank you, Cal. Before I go to public comment, why don't we go down the line for questions and comments by board members? Thank you. Mr. Claesnick, I have an empathetic position that you're in in that I think that most of my comments or questions really relate to the property owner and what I would call the primary use at the site and I certainly understand your position representing Verizon you're not here to necessarily explain away all the past sins, if you will, at the site but nevertheless it seems as the Director mentioned we've had an ongoing series of issues at this site and really very little effort to bring the use back into compliance with the terms of the special permit and for me I have a very hard time voting to grant a special permit when the underlying special permit that governs the site is perpetually in violation some of the conditions that the Director mentioned may not exist in the wintertime because it just isn't conducive to putting the merchandise on display but when the weather is okay, the motorcycles come right back out there they block the access to what are supposed to be the parking spaces my understanding is that when this has been brought to the attention of the zoning enforcement officer the employees at the site have been hostile certainly I can't imagine members of the public coming in and trying to convince the staff to allow parking there so I think we've had something like 19 parking spaces, none of which are being used and the impact of that is felt by the neighborhood on the surrounding streets it's a safety issue, it's unfair to the other merchants in the area so I think that something really needs to be done there and I would say not only are we looking at a period of time to judge whether or not the property will be brought back into compliance I would go further, I would ask that something like a consent decree be amended by the property owner that would give some real teeth to continuing to allow access to the property I do have a few questions about your proposal I don't know if it's even, you know, my feeling is that maybe it's better to put those off for another day because in my view I don't think we even reach speaking to the proposal until the property is back in compliance with the existing special permit well, if I may, I mean, I was made aware of the ongoing violations by Carol so I undertook a pretty extensive search of the file and I guess I was a little surprised that I didn't really find anything recent in regards to code violations so some of the difficulty we had working with the property owner was that we were not able to really identify any recent code violations where they had specifically been noticed and provided with the opportunity to cure so I guess that was part of the difficulty I had as far as trying to direct the property owner to resolve issues that I had trouble identifying I think the most recent thing I did find went back into 1991 looking at both the building department files and the planning files so, I mean, it sounds to me like you already have authority under your bylaw bylaw is to enforce these provisions and I guess I'm a little concerned or everything as I have to ask why is it necessary to authorize a bylaw's application because it's completely independent the town can certainly enforce its code requirements for parking on the street and everything else even if bylaw's facility is installed so I guess the concern is how long would we have to wait we certainly want to work with the town to do this in a responsible manner but I mean it seems like this is almost an open-ended requirement I don't know, Verizon Myles has already waited six months since it filed its application to get to this point I guess it was my understanding that the application, based on my conversations with the town council that the application would be reviewed on its merits opposed to extreme decisions related to the property whereas I've said the town already has the mechanisms to enforce those provisions I don't know if it's a... you know, this is a cause I could just body this you know, would act upon the applications that would be needed to so I would hope, you know, I'd be interested in whatever comments you have about this in case we do need to make some adjustments to anything if something the board is prepared to do that that would be helpful to us if I could just respond so I think it might be a little bit of a disconnect here I think to say that it's a wholly separate notion of what you've come before us and everything that's gone on in the past when you're talking about the intensity of use, as Carol said, of that building and the inability to get control of that intensity of use putting one more use in there doesn't seem to make a lot of sense now, does it? so I think that's one of the things and to say that it's completely unrelated when someone needs to construct what you're proposing and by the way, it's quite a bit of construction it's not just tossing up an antenna and to say that, you know, that kind of construction is going to be, you know well served for the neighborhood and everything else as well as whatever service needs to happen I mean, you've just heard, there were no parking spaces there where is the service vehicle going to be to service the different towers and everything else do you have that in your application? I'm not sure that you do so to say that they're completely disassociated the one thing I want to be careful of here is that they are associated this use that you're talking about is another intensive use of a building that I think, as you've heard from the director is already being used very intensively and quite possibly, you know, as we're told by the enforcement officer and the community safety officer and everybody else at a level that is much higher than what has been permitted at this point in time so I do want to be a little bit careful in saying that this use that you're talking about is somehow disassociated with the building like somehow we can just toss it up there and everything will be fine I think that the whole building and the use of the building and everything else has been to our thinking as we go through this camera so I don't want you to think that we're either saying that all of these things that happen over here but have nothing to do with what you're trying to do over here or what you're being held responsible for no, it's a building it's a building, there are many uses to it and here's another one so anyway, that's just one thing I understand I guess I just wanted to understand how can we help the board then the town work with the property owner as far as is that something where you would have contact someone specific at the town? C, and this is the issue we're not the enforcement party so have you spoken to the enforcement officer and the community safety officer and everyone else about the building? Well, I've spoken with the director of commercial services, Mike and Carol and the town council and about the uses of the building Yes, about generally the co-violations and trying to get an understanding of what the co-violations are and I understand that there's issues with merchandise so I had an understanding of what I didn't have I guess with the current example that I could present to the property owner and you asked Mr. Brown about that? Yes You asked him for an example of that? Well, what I did is I looked it through the files But you didn't talk to him about it prior to coming to this meeting? Well, I've spoken to him but I don't know why I specifically asked him for a co-violation What I did is I went down and reviewed the building department files and all there were were some building department cards for building permits that's all that was presented to me and the community safety officer Well, it's on street parking that's the issue so I think that would be a real good place to start as well So that would be the person that we should have the property owner work with? I assume so I mean that is the or have the person come before here and you know if you're not the one that can kind of tell us that these things are going to be corrected but you are their agent Well, I am given authorization to represent Verizon Wireless and the property owner in the context of this limited application I'm not the attorney for the property owner I'm only the attorney for Verizon Wireless and we have authorization from the property owner to proceed forward with this I don't have the authority to Right, and in my conversations with Carol and with Michael earlier about this particular hearing if I'm not mistaken I think we suggested that the property owner and their counsel coming might make some sense I think, didn't we? I don't think that was for me No? Okay, I'm sorry That's my mistake I mean my hope is to keep all of this just Right, and I understand that but I think the problem Clearly that's not going to happen now so now we really are now to to there And we might not even be the best body to figure that out but anyway, so I hijacked enough of that so I apologize Just to add to what Michael's saying The property owner had been before the board probably I'm going to guess back in 2009 or 2010 on a special permit hearing I believe for a new tenant in the building which they withdrew that permit for the special out for their new special permit or revised special permit because similar issues were brought to the property owner's attention and for whatever reason the property owner abandoned the petition I don't mean to suggest why but with my sense was they didn't want to change the MO in terms of the operation of the property Do you want us to comment on the specifics of the of the application or is it perhaps better served for us to talk about how to get the property owner to comply with the underlying special permit Well I mean whatever the pleasure of the board is I did bring some folks here if there were specific questions that we wouldn't necessarily need to bring them back again I don't know if that's helpful to the board or if Yeah, sure Well I reviewed the plans and if you look at I guess it's sheet 3 there's plant A1 it's the third Oh sure So the Stealth Corner penthouse it's at the north westerly corner of the building I guess the elevations Yeah the upper left hand corner Now and it's also shown on the elevation plan the actual antenna are behind the penthouse screen Is that Yes, everything will be enclosed Okay so then the dashed lines basically show us where they were going to be located but they're not hanging on the outside of the Stealth Wall No And is that just is the penthouse an actual structure it's just a wall that extends out from the to the side It's just a RF friendly plastic if you will a lot of a better work that's painted to match and would be tied in some of its structural sounds And that is 8 feet tall so it is prominent you'll be able to that's within public unity like that And it's on all sides not just on the corner Is it just the corner of the two sides? Yeah It doesn't go around the Well I think the idea is to create sort of a box so you think they do dimension Not sure So close around the Oh it's in the box sometimes it goes Okay Sometimes I read this through a stream and I think because it was a building they decided to do a box And then the shelter that's in the back quadrant of the building it is 10 feet 7 inches tall or in your application so I guess you're comparing it to the existing shelter which is 13 feet Well what we did is we reworked this a little bit and then we were able to reduce that shelter down to 10 feet 7 inches So originally it was going to be a bit taller but basically it's as you can see by the elevations you've got the strength It's kind of the same height as the strength box But according to the photo simulations it's still visible from public view Yes I don't know I don't know about the stuff up there in fact Actually in this one you see that it's not a box it's actually used to stand on the other corner And this would be painted to match the existing color of the building Yeah we tried to I guess those are the strength in I mean it's like a T-Mobile when it's already here It almost looks like it's hanging over Yeah It's a T-Mobile so we had to have that flap and also the strength box My only comment is I appreciate the idea of using the same color but you know these are fairly prominent little structures so they're not all that stealthy I think it was kind of visible on the from the street I didn't really have any comments though on more of the technical matters it was like you know the conclusions are what I can read and understand and it sounds like in terms of the safety of the equipment and so on within your FCC FCC guidelines that part doesn't worry me My main concern though is with the underlying special government that governs the site and bringing the property into compliance so we don't have one more use that's adding on So okay Thank you So I want to thank you for your very complete application we put a lot of good information together from noise reports to dimensions on all the equipment and sizes I wish you would put the heights on the plan and on some of your your graphics the before and afters that would have been helpful I think at none of the heights if you come back to the board again it might be helpful to put those sites on just so we don't have to search for them I'd like to echo both of my colleagues sentiments about the past violations I'm especially concerned when I read that the the officers who went to confront the owner were physically threatened I think when it gets to that point this board can't in good conscience add any type of use or even hear any type of additional use on this property so my question to you is there another property in the vicinity that could meet your needs because of the long standing issues with this property owner there may be no foreseeable end date as to when people come into components your project is extremely important keeping service both during emergencies and on a regular daily basis I understand the need the government understands the need that's why they passed those that they did whatever they were called the acts that you referenced so I understand the imminent need for your facility and I also understand that by you know lead standards and everything else it makes a lot of sense to be on the same building with other service providers in this particular instance because it could be another property that you can start to explore or maybe you've already explored a property I don't know what makes this property special and why this property needs to be used well I Verizon Wireless did look at other options and you essentially I think the three components to come together has to work in our perspective it has to be a willing landlord property owner and it has to be constructable so Verizon Wireless and other locations but there were various problems with the constructability of the locations I think we looked at 39 Hospital Road 37 Drake Village Road and of course the street and it was sort of unsuitable as the location and the height as the information but you certainly take what you're saying to go back and start the area again I think that might be that would be I have no issues with your proposal really I do have a few other technical questions but you know I think it's very sound it's very straightforward it's very complete I don't object to the view of them because there are others up there my largest objection is at this property at this property only I guess the only difficulty that Verizon Wireless has is they've obviously already invested a great deal of time and money and I understand that to the extent that this can somehow work I'm sure that would be their first preference but certainly taking into consideration your comment it sounds like this owner how many years do you think that was it? over 20 over 20 years of non-compliance so you may be waiting another 20 years if we can't get them under compliance it sounds like it's time for criminal action which is a possibility and maybe that should be our suggestion is to start to bring them into compliance that's not our call that's not our decision to make we don't have that latitude but it would be my suggestion at this point that people are being physically threatened and the safety of the public is threatened I've tried to walk down that sidewalk on a hot summer day with the salespeople out there talking to people selling motorcycles and you can hardly walk it's ridiculous and I wondered what was going on with our with our zoning and our enforcement why that kind of thing is able to happen it was before I was on this board so I'm happy to see that now I can actually say something about so that's my biggest concern my other questions and I'm disappointed that the property owner is not here you could relay that to him because I don't think this is your issue this is his issue and it's a shame on you and on your project and the investment that you've already made so my other question is a gas power generator normal for a rooftop situation like this a natural gas yes I mean they really real options they have are diesel which you may have to ensure like sometimes they deploy a propane which wouldn't be a practical solution so for a rooftop they're always about anything they're always natural gas and I know it's only being used on a emergency basis but it is being tested once a week also yes and it sounds like that's the noisiest part of the whole thing and it's also maybe the most dangerous part well just in regards to the noise I think as you noted you did the sound assessment is certified compliance a lot of effort has been made to mitigate it I wrote this down so I did it right first of all it's inside the shelters that dampens the noise there is air intake and exhaust is necessary obviously because it's a fuel combustible room but those are going to be treated with they're called cowling silencer so it raffles and everything and then the exhaust stack is critical silencer so what we certified in our study which was conducted using actually ambient and comparing that it's based upon manufacturer specifications and details and the location was that it would be compliant with those items and then that's the so this isn't an unusual situation you've used natural gas on yeah, every root of our ass would be and they deploy they won't even deploy pipe or anything it's just important to have that back yeah, I understand that also we're not are we going to go through the we can the different issues and most of them go back to the original property owner the lack of parking you do have somebody who's coming once a month it sounds like but you're testing your generator once a week so it sounds like they might be more often than once a month that's actually accomplished remotely that can be programmed oh it is, okay so you're usually program it during daytime hours just fire them okay your impact I realize is small on the site but it is additional impact so I agree with with both of my colleagues that that is an issue I think that's really all I would have to add I'm not sure what else is left to add after every college spoken so eloquently about the issues at the site I too am very disappointed that it's not here to make an appearance or to to give an explanation of some of the underlying issues and the relief that we were given these go back to 1985 code violations don't seem to work fines don't seem to work there has to be some other way to get the owner to come into compliance to listen to not only what the members of the town say but the residents of Arlington have to say as well they are the ones who are impacted I drive by this site fairly frequently and it is not subject to season whether these vehicles are out there they're out there year round taking out parking it isn't just motorcycles there are large trailers out there from time to time there are people all over the street in and out as they're walking around with the safety issue as you're driving down Mass Habit you know the main road in town it's it's a problem and I like my colleagues are not comfortable with allowing another use here for these if we're going to talk about timing well I think we're going to listen to public comment yeah so yeah sure thank you very much thank you very much thank you and actually we'll probably have some other questions for you and we'll start talking about the process okay so what I'd like to do is work maybe from right to left if you'd like to speak please raise your hand I'll call on you and if you could leave an address for the record that would be great okay okay hi my name is Joshua Fink I'm the owner of 10 and 12 Quincy Street which is directly around the corner from property I question also part of my property is behind and directly adjacent to yeah we're budding okay part of it okay tonight can you spell your name yes absolutely thank F-I-N-K thank you that's my name sorry I did have some questions you know some questions were for Verizon you know I live behind the building so I'm relatively new to the property 2011 we do you know you know we definitely feel the effects of it mainly on parking on our street from the employees I do want to at least speak to a couple of virtues they have plowed me out a couple of times during the snowstorm so we've heard about you know you know at least one two employees sometimes may act different from the building owner sell I didn't want wish to totally condemn everyone but we do feel the environmental effects from the parking as you were discussing earlier I also went over some of the special permits and impact statements earlier and this this was from an impact statement made in August 10th 1981 now I realize it's a while ago but characteristics of this addition is that we wouldn't be subjected to any extra noise fumes or anything of that nature which admittedly I did hear things directly spoken to but it was the backup generator that was one of my main concerns in this particular project I do know that they can be done remotely I do know that they are run once a week but my bedroom is on the same level and I can show you pictures if you like children's bedroom I have two two young children two and five months so it can affect obviously I did hear you say that they were talking about daytime hours but they take naps too so I do understand a noise study but it's different when you live there I didn't just at least want to make that a sure I did want to I heard Mr. Fitzsimmons okay make sure the nameplates are correct you did say that everything was in compliance with FCC but I was already antenna up there so I'm not trying to come down hysterical but I do want to I was curious if any impact studies had been done or health impact studies just as far as we are talking about adding 12 antenna that's a lot that does increase the amount and I believe in microwaves as I understand at least some of them are going to be some are going to be RF so so health impact studies even smaller in the world but I do pay for it and it is how I conduct a lot of my business I work from home a fair amount and just try to make sure that's not the case so that was mainly my reason these are my neighbors as well they may wish to speak but those are our main concerns in regards to this project like I said the chief most being the generator I do realize it's a backup generator but it is right on the level I have tenants downstairs to me it's right on the level and I will show you if you wish some pictures I took just to out my bedroom window so it very much actually and I do at least need to want to make sure that was thank you thank you thank you very much could I ask one question before just kind of relaying one of those questions the the different FCC reports that we've done is that kind of taking into accounts okay great thank you yes it's a cumulative great thank you thank you I just want to make an account maybe ARD and the property 17 15akin Street just talking about the violations parking is a huge problem on higgins street they come with trailers which people help have will attend because there's music playing up there, talk about code violations, and you can't get in touch with anybody to have them stop from music. The police would call the police before. And the doors would lock sometimes. I can't even get up there. And it's just one thing after the other. Please don't let this gentleman, this property or make more money at our expense. He could care less about the neighborhood. He just wants to make the money from the towers. And I have a rise of violence, and it works fine, but he just doesn't care about the neighborhood. And the school kids too, the school's right there, and there's constantly motorcycles in and out. I get nervous going around the corner. I'm sorry, I'm Joanna Hivert. I live in 15th Street. Going around the corner every day, coming home from work. I'm like, ooh, am I going to hit a motorcycle? Is someone going to fly out from around the corner? Sometimes I can really get through to my own house. It's frustrating. And I can imagine that only we make things any better, having more antenna up there, things coming in and out, vehicles coming in and out. It's hard. We thank you for recognizing the issues that are kept the building a lot, because it doesn't make it feel quite so great or something. Yeah, I appreciate it. Well, thank you. Thank you. Anybody else? Anybody else? Is it you? OK. So I guess the question is, and Carol, let me ask you a process question here. Not that we're in the year. We met our duty with respect to having the hearing. And so it won't automatically move forward. I guess I just want to make sure that if we talk about continuing and whatever else, that, you know, because I know there is the requirement that we take action or the special permit or it will be deemed approved. The board and Verizon through Mr. Plasmic executed an extension. That goes through tonight to, I think it's a couple weeks. 16th, yeah, I think it was something like that. And at both parties' option, if Verizon, through Mr. Plasmic, and the board are willing to further continue, you have the option to do that. And just so I know, what do we have on the 16th, just before we? The 16th is an environmental design review special permit for the parking lot or the Arlington Center's safe travel changes to create additional parking in front of John's son. Oh, John. And it was also a valuable need. Yeah. Oh, and Val Belling, too. Yeah, you're right. He was also that night. OK, so cool on, but OK. And Andy wouldn't have to do that because I don't do that. And he'll have to watch the video. Yeah, I think we can do that. Yeah, so I guess the choice is to continue. I mean, we could take a vote tonight on the special permit application. I'm not sure that might make the most sense at this point for anybody, or we can continue. So and hopefully, you can start a dialogue with the enforcement folks, as well as the property owner on the other side, or try to diplomatically get that done. But I think as of right now, if you'd like me to call for a motion, I'm not sure it's going to be the one that you necessarily want. So yeah. No, I mean, I'd love an opportunity to at least try and work through these issues. And as I said, Verizon wants to spend a little time after running on this. So we can help out the town, too. Do you think two weeks is enough? Or do you want to push it out? The only thing I will say is I believe you're talking about the 7th. The 7th of July is? 7th of July. That's the first July meeting. Yeah. The two meetings. Right, right. So it was the July 7th meeting that would be the other one. Yeah, I think that would work well. I would give this a little more time. Right. I'm trying to do it two weeks. Right, and maybe start that dialogue and try to understand. Come up with a plan. And present a plan and see what we can do from there. That's great. So do we have your agreement on a continuation of the June 16th after July, or three days after that, just so whatever comes in? You're going to need? Or what do we need for filing? I think we're going to need to. OK, yeah, we could execute an additional, if you're amenable to that, we could execute an additional extension. One way or the other, it's best to have something like that. That would be great. Yes. So your next meeting is June 16th? Yes, but there are two hearings on that date. I mean, there's nothing to prevent you, I suppose, from that, but there's some good view on it. No, I'm not sure. Yeah, and then the following meeting is July 7th at this point. OK. I mean, I just have to, and it's not going to be a problem, but I just have to get permission for those two. But I'm sorry, Senator, that's OK. If I could add a suggestion, I think it would be in your Verizon's interest. And I think because the property owner stands to make some additional good income from this lease, I would think that Verizon and the property owner can work very hard together. I think that the effort is up to the property owner and Verizon at this time or not. I'm certainly happy to try to assist you with summarizing whatever I can from what I've learned from the files. I think that that effort to demonstrate that the property owner is willing to have some lasting compliance in this site, I think that's up to the property owner and to his tenants. I think that's right. When I was talking about tie-along, I guess I was concerned that you were just kind of going through the files. And I guess that's more what I want. As far as diligence is concerned, you may want to talk to some folks about it as well. So that's more what I meant. I didn't mean to push on staff or any of the enforcement officers the notion that they have to do something. I didn't mean for that. But I do think that it's important for the owner to get involved. And we request the owner's presence at the next. Well, I think we're all saying that it probably makes a lot of sense. So that's great. July 7. Did someone speak? Yeah, the motion took that. I move that we continue the special permit hearing for Verizon's proposed site at addresses 1098-1100. OK, 1098-1100 Massachusetts Avenue 2, July 7, 2014, at 7 p.m. in this conference room. Second. All in favor? Aye. OK. Thank you very much. Thank you. Thank you very much. Appreciate it. You're welcome, Jan. I'll talk to you soon. OK. Closes that. Oh, it doesn't close again. The possibility we have something at 7. That's very short. So we could... You think it's something... Did we... Yeah, you had something. But I thought it was a valvular. And I thought you moved it to the 16th. OK. I got something familiar. Thank you. I think that's what you did. Yeah. Can I ask a question for the residents? Are the reports available that they can look at on the safety... the reports that we have here, are they available for the public at this time? Do you have a location error report? No, the reports that Verizon put together with their consultants about the... the dangers of the radiation and the so many antennas and the noise. There's a noise impact. Have you seen this? It was kind enough to show it to me tonight, but I haven't had a chance to... There's another one on the... on the antennas that shows that it's well under the... OK, that's fine. Now it is, like I said, just trying to get a grip on it. You know, there's always a lot of things that go into this, but the more information I can get the better. I would appreciate it. Thank you. Yeah, I think... it's currently in the office. Yeah, there'll be an office in the office. It's in here, right? Yeah, it is in there. Would you like to borrow this? Oh, thank you. There you go. Very much. Thank you. I was thinking the exact same thing. Since you made the effort to come and you have serious concerns. Thank you. Our office is right below this. OK. So, at your convenience. You can share it with your neighbors. Thank you. Really? Just so you can put a page on it. I appreciate that. OK. Thank you very much. OK. Thank you very much. Thank you. So, we're going to move on to meeting schedules to try to figure out when we're going to meet. Although it might be hard without Andy here. Well, I... June 16th and July 7th, by the way. Yeah, so far, so good. Yeah. That takes us through early July. August, we don't have anything scheduled. I appreciate it. What do you want? You can see if we get any hearings. Sure. Thank you. Thank you. Thank you. Thank you. Bye-bye now. Thank you. Bye-bye now. I had a... And I may just... I'm not sure where this came from. My schedule. Did we have something for June 23rd? Yes. We do. OK. That's a joint meeting. That's another purpose for this item. So, I'm glad that you mentioned that. June 23rd is the joint meeting with the Redevelopment Board and the Board of Selectmen and the Massive Plan Advisory Committee. The Massive Plan Advisory Committee asked if both boards could meet together to hear what occurred on the master plan through the working paper presentations, what they've heard from the community, and where we're headed with the master plan, and also to hear both boards discuss this together. That would be very informative. You're very important stakeholders in this process. The Redevelopment Board would adopt the plan as policy. Town meeting members would endorse it. But, of course, the Board of Selectmen is very important and very influential too. So, this would be very beneficial to the Massive Plan Advisory Committee to have this opportunity. So, that's June 23rd. So, you'll have three... That's three meetings in June. Yes. And just to be clear, I don't think I'm going to be at the June 23rd meeting. That's what I want to get. You're right. Exactly. Well, once you've written comments then. There's a lot of reports to read. As much as I write any of my comments, I shall give you comments like that. If you haven't been able to keep up with the master plan process and all the working papers that have come out, and you're waiting until now to read them, it's pretty intense. If you want... I don't know if I'd say this is like the cliff notes of the process, but a couple areas that you can zoom in on would be the issues and opportunities discussion at the end of the reporting paper. And the... If you go to the minutes of the Massive Plan Advisory Committee, you can see what the public has said at those presentation sessions for those working papers. In other words, you'll see the dialogue in response to those issues and opportunities questions. So, if you wish to do that, it's for the June 23rd meeting. So, having met three times in June, maybe you just want to put it by ear in August and see how vacations and special permit applications fall. I would definitely do that. And I'd actually suggest, as far as special permit applications, if you've got wind of anything that might be coming out, maybe July 7th could be kind of a busy schedule. Pack it in. Yeah, pack it in. Let's see what we can do. On July 7th? On July 7th. Let's just, you know, hunker down and get it done and see if we can't do a little bit of... Right now we don't have anything other than this one. Correct. No, I'm saying to Carol that if she's hearing, if she's getting wind... I think sometimes you hear about things might be coming up. You know, maybe push those people into, okay, get it in so we can get it in on July 7th. I'd like to think that, you know, late July, early August, the board can have a little stir. Yeah, exactly. We have on the draft schedule, we have meeting July 21st. Does anyone know that they'll be away? July 21st? Actually, I'll be okay for that one. Okay. I know I'll be okay for that one. All right. So if we have anyone desperate... The next one. For an EDR hearing, they could... Yeah. If we have the advanced time for the legal ones. And if we don't... It might be a good jumping off for the new chairman or something. What? Oh. July 21st. What's the new chairman going to jump off from? Well, that's up to our... I'm already going to do the board selection meeting. That's right. It's all you. Oh, you mean jumping off, like starting my role as chairman? Oh, I see. Oh, I see. July 21st? Should I put that on my calendar then? Well, Carlos is going to have to... Exactly. Is that the same day? Me and Long Carlos? Yeah. I think that's only right. I'll wear my uniform. Can I just leave that? Oh, really? Oh, yeah. He's got the big ol' hat on. That's quite formal. Yeah, thank you. Exactly. Now, the meeting with the board of selectmen. Who's holding the meeting? Are the board of selectmen holding it? It is a board of selectmen meeting. So we're doing it in there. Yes. We'll be in the... As far as we know, thus far, business as usual, that one of their regular scheduled board meetings from the SPOIN advisory committee and the development board will also attend. Just in terms of logistics, how does... Is there a table that we're all sitting at? Or is it, you know, standing and speaking from the microphone? For previous joint sessions, I don't recall we've met. During my tenure, I don't recall we've met in that room. I could talk to you a week for Palca and see what you suggest. Just in terms of... Facilitating dialogue. Yeah. I think it might be helpful to think a little bit about how to set up the room. Yeah. It's 11 members in the masterful advisory committee. I doubt that we're all going to be available. Do I count on them? You should almost do it down there. Yeah. By selecting a student room. The selection's here. Oh, you can't do it in the selection room itself. That would be weak. That's what I thought she was talking about. I can't see where she would be able to do that. With all those people? Yeah. That other group has terrible logistics, though. The selection's here in the room? Yeah. And it's not conducive to 11 plus 4, 5 with Carol and another 6 with Marie on them. Your comment on the acoustics was regarding the selectiveness. The selection's here in the room. No, the selectiveness, right? What do you call that? Meeting room. Meeting room, yeah. The one with the long table view room. That's the more accommodating room. That's a lot of people. It's potentially 22. Yeah. Yeah, potentially. So you're talking like 15 to 20 probably. Yeah. Are there any other rooms? Maybe like the senior center? To set it up in there somehow? Well, I think we have to defer somewhat to the board of supplement. They have other regular meetings. Oh, it's a regular meeting. It is. Oh. That'll be interesting. I'll be on the agenda. I'll see you'll have 10 minutes on the agenda. I don't know. It's a regular meeting date. Maybe we should just have... Yeah, should you represent it? We just have a, yeah. The chair maybe should just say something that the board has already agreed upon. That means we would have to meet before that to discuss. I'm the liaison, but I don't know what the board's opinion is. Well, we're meeting on the 16th, so what am I talking about? Put it on the agenda? Yeah. Can you put it on the agenda for the 16th? Yeah, because we haven't really talked about it and gotten feedback from everybody. We should do that regardless, whether or not, you know, it's everybody going or it's just a representative. Is the master plan advisory committee going to make a presentation of any sort? I think they will have to present something for, to launch the dialogue and to solicit input and comments. Yes. They're meeting this Thursday. One of the things... I'll be... I'll be in attendance because I'll be at a conference, but one of the things I want to talk about to the chairs about is how to frame this to generate a productive, useful dialogue. Right. And talk to Maria about how much time you have. Yeah, but I only have five minutes. Oh, I think you'll have more than five minutes. No, I was only teaching. Yeah. Okay. But it's still going to be good to know. Yeah. How much time, rooms set up. Yeah. Carol pointed you towards the issues and questions at the end of each section. When you read those, think about, are those the best questions or are there other questions that are missing from this conversation in the context of the town? Because I think that's what's being asked at most of the public presentations also. Are there any other issues that we didn't find out? And once Carol's done that, I think we move on to minutes. I think, is there a last agenda? Documents used isn't listed. Right. And we had quite a few documents. The letter from the zoning officer, building inspector Mike. Yep, Byrne. Byrne. Or it was a memo, actually, that you wrote to him as the chairman of the ARB. Well, that's the one that was ultimately in the book. So we don't need to put that as a document used? No. And then there was the matrix of conditions. I mean, it's the one that was actually approved, so it should be on that. Well, right. And that's kind of the one I had at the beginning. We've been getting in the habit of just listing the documents, right? That it would be the con-com letter on the marketing trailer site completion. And a letter was referenced from... It was one from Byrne Rare-Rick. And from the ALT, two separate ones? Yep. So Byrne was writing as the ALT representative? Oh, I'm sorry. No, no, no, no. Byrne's letter was the ALT, and then there was the con-com letter from... So there were two letters? Yes. Okay, this was reading as though there were three letters. So, let me get to that point. Okay, so I have just a few things. I think the chairman opened the meeting and you didn't turn to Jake Upton. He started to go through the matrix. Yeah, why don't I just... Or why don't I say... I think how I read it... Let me just read mine if I could. The chairman opened the meeting and introduced Jake Upton. I think it's fine. And then I said a new sentence. The board then went through, or I could say considered, then considered the matrix of departments under the LDA and SBA that staff had prepared. Because I don't think we really say that anymore. Yeah, we just jumped right in here. That would be good. And then the third line, Mr. Fitzsimons asked what happens if there are fewer than nine sales by June 11th. I thought maybe we should explain what the June 11th was. So there are fewer than nine condo sales by June 11th when the listing is to end. Or something like that. When the listing is... Yeah, it's actually the marketing date. The marketing period for the condo sales. Yeah, the marketing period. When the marketing period is scheduled to end. The required marketing period. By June 11th, 2004, before X-Men comma, the required marketing period. And did he state that he would extend the listing? He did not. No. Should we state that? Don't think. Because there's no answer to the question. He just said that a couple sales are dependent on the certificate of optimism. And I couldn't remember what his answer was. I think that was his answer. That was... Okay, so then I'll answer. All right, then all the way down, the third paragraph from the bottom starts with Ms. Troutton stated that Bills and Thomas... I think instead of did photometrics, we should say confirmed that the light photometrics conformed to the plans for both affidavits that they're signed. And the light photometrics conformed to plans, design plans. Because that's what they did, right? They were confirming that when they signed the affidavits. And then Brightview's consultant... Or we could state it just like, Brightview's consultant has certified with affidavits they were built to specifications. We could state it the same way as that one was. Well, I think you'd say... Actually, I think you make it even easier. Bills and Thomas did photometric analyses for both affidavits that were signed for the building. Brightview's... Or you could say B's consultants certified with affidavits that they were built to specifications. Bills and Thomas and Brightview's consultants. They're the same. Oh, see, that wasn't clear to me. It sounds like Brightview's consultant was separate. I don't think they're the same. Bills and Thomas did two affidavits that sounded like. Oh, okay. Maybe for the temporary and then the final certificate. Yeah, maybe he's done two already. And then Brightview has a different way of consulting. Okay. I think as long as we're in that paragraph, do you want to say that the specifications that they were built to were those specifications as approved by the ARB? Yeah, but that's what was confirmed. That's typically what we need by specification. Did you get that down? No problem. Just try to be especially clear. I'm going to need to get twice-text from what you just read. We don't have it legible. You mean the thing up at the top? The... This paragraph. Oh, my gosh. No, I just did that. No, I mean... Okay, I can copy it down. Christine, Christine, you can... I can send it. Why don't you make whatever changes you want? That's fine. I can send it. I thought they were the same, so... We should just get in the habit of doing that. Okay, and then the second to the last paragraph, the first sentence, that the light can't extend, we should add beyond the property line. Who would leave that paragraph? I know I said I was happy with this, but it was a Rick Gallagher... a designated town representative from Neighborhood Protection Club? For the... For the Neighborhood Protection Club. Okay. Okay, then on the flip side, one, two, three, fourth paragraph that starts with Ms. Friedman stated. That should be Mr. Kair. I think that should be Mr. Kair. Yeah. Yeah, that should be Mr. Kair. Do you see that one? I don't have a page, too. Okay, I'm going to give you this anyways. I'll send it to you. And then the paragraph... Right in the middle. Mr. Kair stated that the Air Beast received letters from the Con Con, Brian Rayerick, and the Land Trust. I think it should be from the Con Con and Brian Rearick of the Land Trust or for the Land Trust. Or you could say Arlington Land Trust. Or Arlington Land Trust. Yeah, we're going to put the name on the other one. Yeah, right. Yeah, right. Sorry for watching, Brian. Cool. I'm sorry if you're watching, Brian, as well, only because you were watching. Okay. And then the next very, very short sentence, Mr. Kair asked that the last sentence be corrected. I think that needs a little bit more. Or I just think you could take it out because I don't know what I corrected. Well, you know, I think it's important. I think you... What did I correct? Of the memo to the ARB, from the ARB to the building inspector to Mike... How do you say something? That's okay, because we don't really need that in the minutes because the memo is what the memo is. And that's what's going on back there. But we had that conversation about changing it from $3,500 to $10,000. Oh, okay. And that's not really noted here anywhere. It's noted that it is $10,000. Okay, we could just skip it, too. That's fine. We could skip it. Yeah, sorry. I'm just... That's easier. I saw the same thing. Okay. Then I had some shoe spellings, but I'll put that in the thing that I sent to Amy. Okay. Thanks. I appreciate your willingness to do that. Certainly. Andrew? Nothing further? Yeah, and I've tossed it online. I wanted to introduce it on that. Okay. So... Motion to approve, guys, a minute? So moved. Seconded. Okay. All in favor? Aye. Aye. Okay. I'll make a motion to... That's our agenda for tonight. Adjourn? So... Yes. No, go. I'll make a motion to adjourn. Second. I'll second. All in favor? Aye. Aye.