On Jan. 3, in the latest of what has become an extended series of meetings devoted to considering an application for a special use permit, steep slopes and site plan for a cell tower at 954 Old Post Road, Bedford, the planning board agreed that the proposal meets all the criteria for such a facility required under town code.
To open the meeting, Planning Board Chair Deirdre Courtney-Batson presented information that had been added to the application since the last meeting on Dec. 19, 2022.
The application, by Squirrelly Acres LLC, the owners of the Bedford Post Inn, seeks approval to place a Verizon cell tower on the hill behind the Inn. Ms. Courtney-Batson explained that the public hearing had been closed and there would be no further comments permitted. She asked those in attendance not to shout out any comments.
While Ms. Courtney-Batson said she did not believe any of the additions would materially change the project or result in significant adverse impacts not already raised, she announced that the public could submit comments in writing exclusively about the new items until Thursday, Jan. 5. That deadline has now passed.
The first item mentioned was a revised Stormwater Pollution Prevention Plan, to reflect the entire work encompassing the upper and lower access portions of the proposed Verizon driveway, including some additional quality treatment measures. The final soil removal will total approximately 860 cubic yards, which Ms. Courtney-Batson said would generate about 20 to 40 truck trips over the duration of construction. The Environmental Assessment Form will be modified accordingly, she said.
“At this juncture, the planning board does not believe that any such additional measures will create any new significant adverse impacts not previously studied,” she said, “and in fact to the contrary, it will ensure a higher level of any water quality treatment of any stormwater runoff from this driveway project.”
A second item mentioned by Ms. Courtney-Batson addressed new information that was raised at the prior meeting by Jim Hoffman, who submitted photos of what he said was likely a Native American balanced stone artifact located immediately adjacent to the work area for the base station.
“Although the subject site and the surrounding sites are not listed on any of the relevant databases as historical or culturally sensitive sites,” said Ms. Courtney-Batson, “we have done additional evaluations to determine whether there potentially might be certain rock structures on adjoining property and/or within the subject site, consisting of what are known as indigenous origin ceremonial stone landscapes.”
She said the planning board will continue its investigation as part of the formal evaluation process in accordance with relevant procedures. Based on preliminary findings, she said, they have engaged in a discretionary consultation with the Ramapough Lenape Nation and members of the Turtle Clan who have expertise on such topics.
“Suffice to say that this board — and we know the Squirrelly Acres parties would agree with us on this — is very sensitive to the spiritual meaning and intimate connection to nature that the ceremonial stones represent, and any determination concerning this site will include as a condition of approval, to further investigate the subject and take whatever productive measures are necessary to preserve these ceremonial stones once they are ultimately identified,” said Ms. Courtney-Batson. “We do consider this a very important issue.”
Ms. Courtney-Batson reiterated that the board has had to navigate the review process “under extremely difficult time and litigation pressures,” including various court orders. She said she believed the board had complied with local and other statutory obligations, as well as afforded the public with opportunities to express their opinions. She expressed the hope that people would understand the constraints and competing pressures under which the board operated “in determining what we believe to be the site with the best wireless coverage and the least overall impact, to the maximum extent possible, to the town as a whole.”
The remainder of the meeting was devoted to reviewing the criteria on each of the areas in section 125-85.2 of the town code, which covers standards and requirements for wireless telecommunications facilities. There are 14 such requirements in that section of the law. Ms. Courtney-Batson’s review confirmed that the proposed facility met each one. During her commentary, she explained specific ways in which suggestions made to the board for alternative sites, technologies and site configurations did not meet these requirements and were not feasible.
As each criterion was reviewed, board members were asked for any comments or additions to the evaluation. Their comments reaffirmed or strengthened the conclusions already provided.
Once the review was completed, Ms. Courtney-Batson asked if there was general consensus that “this is the direction in which we are going.” The board agreed, and she asked that staff prepare a resolution reflecting the evening’s conversation. The meeting was then closed, with the understanding that discussion will continue at the planning board’s next regularly scheduled meeting Monday, Jan. 9.
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