BCAT News

After a lengthy meeting last week, the Board of Selectmen voted to approve a proposed small cell 5G facility in a pole on Mall Road in the vicinity of Lahey Hospital. The application was put forward by AT&T. 

There were multiple topics of discussion surrounding the proposal and in the end the board voted to approve the project with a lengthy number of conditions created in response to concerns from board members, other town employees and members of the public. One aspect that was not up for consideration was possible health or environmental impacts of the technology. Board Chair Jim Tigges started the meeting with an explanation of why. 

“The Select Board is aware that town residents are concerned about the environmental and health effects of wireless telecommunication facilities,” he said. “However, the Federal Communications Act of 1996 specifically prohibits local governments from regulating these facilities on the basis of environmental and health effects of radio frequency emissions. We may only require that the facilities comply with applicable federal standards. In the event that the board approves this application, I expect that the board will include, as a condition of approval, that the applicant present ongoing evidence of compliance with all federal standards.”

David Maxson, CEO of Isotrope, LLC and a specialist in radio frequency technology who is consulting for the town, said he reviewed the application and found that the technology AT&T is proposing to use would be acceptable under FCC guidelines. 

“Whether people have faith in federal standards, the emissions that would be arriving at surrounding buildings would be well below the federal safety limits,” he said. “Anyone on the fence and unsure if this facility will be a risk, the information that applicant provided and I have validated, show that this is well within safety standards under federal law.”

The first big decision was the exact location of the pole. Originally the proposal was to have a pole with light fixtures but after consideration it was decided to have it forego the lights and be placed in between existing light fixtures. There were four options put forward, one in a median in front of Lahey closer to Cambridge Street, another in a median further to the east and two on the side of the road. 

After a bit of discussion the board members voted that the two sites in the median were acceptable with the one further to the east being preferable because it was farther away from a crosswalk than the original site. 

“I think it would be a better location because it’s not near the sidewalk or bus stop,” Selectman Mike Runyan said. “If it provides the coverage they are looking for I think that’s an area that would be least impactful.” 

Another question asked at a previous meeting that was answered last week was whether there was a chance the facility could disturb the function of emergency communication equipment that first responders use to change street lights to enable quicker responses. RF Consultant Don Hayes said that has not been an issue since the 1990s due to changes in technology. 

In the end the board voted 4-0 to approve the installation of the small cell wireless facility with a number of conditions.

The first was that the applicant give priority to the site in the median further to the east with the second consideration being the original site in the median. If neither site works the applicant will have to come back before the board. 

Other conditions include: 

• The applicant shall conform its installation to the plans and specifications set forth in its application as amended and as further set forth in this decision. 
• The pole shall be of the design set forth in Exhibit A1 without the light as shown. 
• The applicant shall comply with the annual recertification and affidavit requirements set for in paragraph 3 of the Application Policy for Small Cell Wireless Installations. 
• The applicant shall ensure that there is no disruption of electrical service to the Town streetlights during installation of the pole or any work on the pole thereafter. 
• The pole will be serviced by electrical service separate from that of the Town. The applicant will pay the Town $500 for processing each annual re-certification and $270 annually for the use of the right-of-way. 
• The applicant shall not replace or alter the equipment permitted by this decision unless it files a new application and approval is obtained from the Board of Selectmen, unless the equipment is no longer properly functioning and it is being replaced with the same or substantially similar equipment.
• The applicant shall respond within 30 days to any request by the Board of Selectmen or the Code Enforcement Official to verify the emissions of the small wireless facility remain compliant with FCC standards. 
• If at any time the facility is operating in violation of any safety code or health standard, the owner shall cure the violation within a reasonable time based on the severity of the risk, but in no case more than 30 days from notification by the Town, at which time the Board reserves the right to reconsider this decision and any subsequent extensions. 
• The installation and maintenance of the pole shall not cause any disruption to nearby municipal facilities and equipment. 
• Equipment should be black in color and repainting if necessary to keep it black in color. 
• All equipment should be inside the pole with the exception the antennae. 
• All the base equipment will be in the pole or underground.
• The pole location within the median should not block sight distance at the intersections.