ZBA gives nod to RCN dishes
Published on May 26th, 2004
STONEHAM, MA - The town's Zoning Board of Appeals (ZBA) paved the way for RCN to place two 15-foot satellite dishes on top of 430 Main St. by granting a height variance to the telecommunications company last Thursday night.
Proposing to place the structures next to two existing 16-foot satellite dishes on the building, RCN attorney Daniel Moynihan argued the variance would be of little public detriment.
Adding that RCN had always maintained a positive relationship with Stoneham, Moynihan promised that if technology allowed, his client would be more than happy to replace the dishes with smaller devices in the future.
"RCN has begun to pay revenue to the town. They've paid $150,000 in taxes over the past three years and $181,000 in franchise fees," Moynihan said, proposing that the revenue payments acted as evidence of RCN's good neighbor status.
"I would submit to the board that the variances could be generated without substantial detriment to the public good. It would benefit the public by offering additional service and continuity of service," the attorney added, claiming that since the dishes only received signals, no potential health hazard would be created by the dishes.
Although ZBA member Bill Sullivan voiced concerns with the New Jersey based company's financial status in light of its plans to file for bankruptcy, John Aldrich, RCN's Director of Network Implementation, told board members that his company was financially sound.
"That's [the chapter 11 filing] being done on a corporate level. So in Mass. we're doing very well and in this process, we're continuing to operate. We're cash-flow positive in the Massachusetts' market," Aldrich claimed, assuring the board that any construction would start and end in Stoneham before anywhere else.
Sullivan also questioned a letter from Alternate Building Inspector Christopher Laskey that disputed a decision rendered by Building Inspector Gene Argiro in Nov. of 2001 regarding the erection of the original 16-foot satellite dishes. Copies of the Laskey letter were not found in the official building department file for 430 Main St. But according to Argiro's interpretation, he issued a building permit for the construction in error because the dishes constituted a change or increase of use subject to site plan approval by the Board of Selectmen. Despite Argiro's order that they apply for site plan approval within 10 days or remove the dishes, the matter was never held before the Selectmen.
"Who is this Christopher Laskey? I saw Mr. Argiro required a site plan and now we have a letter from Mr. Laskey. I just find it strange that one individual says one thing and then a different party comes to a different conclusion. And I see a name I'm not familiar with," Sullivan remarked.
Despite Moynihan's assurances, Stoneham resident Edie Previdi cited a number of other problems with the original process including:
* A failure by the petitioner to advertise the Feb. 15, 2001 hearing in the newspaper.
*The presence of ZBA minutes from the Feb. 15 hearing detailing that an official vote was taken by the board a half-hour prior to opening the public hearing
*A Feb. 20, 2001 letter from RCN Construction Supervisor Scott Newell to Argiro claiming the company would begin construction in advance of receiving a building permit and before the 20-day appeal period expired.
"I feel as though they have taken advantage. And now they have the nerve to ask for more dishes," said Previdi, who objected to placing what she called "visual pollution" in the center of Town Square.
According to Stoneham resident Chuck DeCoste, who sat on the ZBA at the time of the original hearing, the board's vote was legal even if they approved the variance prior to the public hearing.
"It may have been taken at 7:00, but once we're meeting as a board we can vote on anything. It does not have to be taken at the public hearing as long as it's closed," DeCoste claimed.
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