Public Response to Proposed Monopole

Antenna on Indian Head Heights

August 9, 2016
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CONCERNS OF RESIDENTS

Our neighborhood is AGAINST the granting of a Special Permit for installing a 120 ft monopole
antenna at 22 Indian Head Heights Parcel ID 080-77-4301

Our PETITION is signed by almost 200 local residents (Appendix A)

Our CONCERNS include

Negative impact on property values, destruction of personal wealth

Safety risk (fire and collapse)

Undue health risk (radiation)

Placement in dense residential neighborhood seems contrary to protection of public welfare goal of the
Framingham Master Plan

Potential future increase in capacity and/or commercialization of the monopole

No evidence of tradeoff study of alternative antenna siting

We ask that ZBA DENY the Special Permit

Regulations and Framingham Zoning Bylaws contain provisions supporting the denial of application

CONCERNS
CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY

REGULATIONS
& BYLAWS

OUR NEIGHBORHOOD
High Density, Established, Residentially Zoned

400+ Homes, $400K Average Home Price

Middle Class Families with Kids, over 1,000 Residents

The Learning Center for the Deaf, 300 Children

Assisted Living, Nursing Homes

CONCERNS

NEIGHBORHOOD

REAL ESTATE

Other Sites are Remotely Located

HEALTH & SAFETY

TECHNOLOGY

REGULATIONS
& BYLAWS

REAL ESTATE IMPACT

A monopole antenna in a residential neighborhood is a major turnoff for buyers and renters

Buyers and renters prefer to stay away from homes near any tower or antenna

79 percent would under NO CIRCUMSTANCES purchase or rent a property within blocks of antennas*

An overwhelming 94 percent of home buyers and renters are less interested and would pay less for a
property located near a cell tower or antenna*

Declines in property values inevitable

21% decline in property values in neighborhoods with cell towers or antennas**

Local real estate expert, Donna Gittelsohn confirms buyer anxiety and potential losses of property value
specific to our neighborhood (Appendix B)

Opinion supported by Lisa Zemack, realtor with long track record in Framingham (Appendix B.I)

$16 mm in losses for the immediate neighborhood of 200 homes with average home prices of $400,000
(calculation of 20% property value diminution)

Wide impact loss in personal wealth, in tax revenue for town and in commission revenue for
realtors

* Cell Towers, Antennas Problematic for Buyers, REALTOR Magazine, July 25, 2014, survey by the National Institute for Science, Law & Public
Policy (NISLAPP)
**The Impact of Cell Phone Towers on House Prices in Residential Neighborhoods, Sandy Bond, PhD, and Ko-Kang Wang, The Appraisal
Journal, 2005, Public Opinion Survey and Transaction Market Study
CONCERNS

NEIGHBORHOOD

REALESTATE
ESTATE
REAL

HEALTH & SAFETY

TECHNOLOGY

REGULATIONS
& BYLAWS

SAFETY RISK OF FIRE & EXPLOSION

Antennas can and sometimes do collapse and catch fire*

Collapse due to construction errors, ice, special winds, aircraft, and anchor failure (Motorola study refers to a
case of 40 mph ice and wind speed in gusts of 3 seconds, had we no stronger winds during ice storms?)

Severe fires due to overheating of equipment,

improper cooling, lightning strikes, etc and those fires
are unusual to fight and require creative approaches

Proper grounding does not always offset potential

equipment damage/failure from lighting and sudden
ground current, including accessory building and
generator explosions.

Town By-Laws specify a 300 ft setback

DPW is applying for variance to put a monopole

within 150 ft of the nearest dwelling

This proposal appears reckless towards abutters and

hazardous to all residents on neighboring streets

* Dr. David M. Stupin, retired physicist from Los Alamos National Laboratory,
compiled a list of links depicting cases of fire and collapse (Appendix C
40+ incidents)
CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH &
& SAFETY
SAFETY
HEALTH

TECHNOLOGY

REGULATIONS
& BYLAWS

HEALTH RF EXPOSURE

Any potential exposure to radiation causes variety of health concerns

INTERPHONE study funded by EU and health agencies in 13 countries recognized that it was too early to
understand effects of exposure to RF and it should be limited until definitive conclusions can be drawn

Tobacco industry impact on increased cancer rate in smokers went undefined and undisclosed for many years

X-ray equipment used to be used in high-end shoe stores to create custom shoe fit

Ultra Violet rays were eventually proven to cause skin cancer and other health issues

FCC established safe levels of radiation, however, U.S. levels deemed safe are 10 to 5,000 times higher than
most other developed countries

International Agency for Research on Cancer classified radio frequency (RF) as possibly carcinogenic to humans
with implications of possible increase for brain tumors

2007 study in Egypt found neuropsychiatric complaints were significantly higher among exposed inhabitants than
controls

German city of Naila monitored 1,000 residents and found those living within 1300 feet of a tower had a newlydiagnosed cancer rate three times higher than those who lived further away; breast cancer topped the list.

Israeli study found risk of cancer quadrupled among people living within 1,148 feet of a cell phone transmitterand
seven out of eight cancer victims were women.

Bill filed in State House to study health impacts

Framingham State Representative Karen Spilka introduced a bill in 2015 to create a special commission to
study the health impacts of electromagnetic fields on the citizens of the Commonwealth (Appendix D)

CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH &
& SAFETY
SAFETY
HEALTH

TECHNOLOGY

REGULATIONS
& BYLAWS

TECHNICAL REQUIREMENTS DISCLOSURE

Residents were unaware and are still unclear about the short-term and long-term purpose and
scope for the monopole

No mentioning of the monopole in Article16FY2017 Water/Sewer Capital Fund: Water

Indian Head Water Tank Replacement Construction "site improvements will include storm water management
considerations, security fencing, landscape screening, communications system components for remote monitoring
and management of operations, retaining wall along Indian Head Heights Road.

Application for Public Hearing implies that communication and monitoring do not require an antenna

The project will involve supplemental buildings for communication and monitoring as well as a monopole
antenna

Built to increase its capacity by 100%, if needed, the monopole is an industrial use in residentially zoned
area today and double that tomorrow

DPW was directed to provide a current map of dead spots (distribution to the community is pending)

Technical expert Jim Gerow (former NASA communications contractor) opines that better, faster
and cheaper alternative solutions are available today (Appendix E)

Technical requirements for Water System and Emergency Management are different

CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY
TECHNOLOGY

REGULATIONS
& BYLAWS

TECHNICAL REQUIREMENTS WATER SYSTEM

Multiple solutions can meet the water system communication needs

Supervisory Control and Data Acquisition (SCADA) is a system designed to monitor and retrieve data
remotely and communicate it to a central location. Core components of the system are hardware/electrical
infrastructure and communication.

Data transmission can be accomplished across multiple communication channels

Fiber line is being connected to the new water tank

Mesh system available in Framingham

Strong Wi-Fi connection provided by Verizon Wireless is already used by Framingham police

Installation of the 120 ft monopole is not critical to the modernization of the water system

Main reasoning for the installation is redundancy, however, such redundancy can be accomplished by way
of fiber, mesh, internet

DPW set a deadline to bid on SCADA Radio Backbone & Water Pump Stations Control Panels & Electrical
Improvements project for June 16, a date preceding the ZBA decision on the monopole.

Absent subsequent ZBA approval, DPW appears prepared to use other ways of SCADA related communications

Current water tank requires roughly 20 times per year a worker to report water levels via radio or
cell phone in case of significant fire

The cost benefit analysis does not support the installation of a 12 story monopole to replace one worker

CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY
TECHNOLOGY

REGULATIONS
& BYLAWS

TECHNICAL REQUIREMENTS EMERGENCY MANAGEMENT

Proposal includes two (2) point-to-point (PTP) microwave antennas

Site was selected for its height to provide direct line of sight (LOS) with Police HQ and DPW

Historically, LOS was a requirement but now a microwave link can be set up under Non-Line-of-Sight (NLOS)
conditions

Framingham police utilizes point-to-point radios

Signal strength can be amplified by the installation of 120 ft monopole antenna, by way of existing mesh
network or by moving to next generation wireless infrastructure

Mesh network was installed in town but according to several police officers is not being utilized at this time

Federally mandated program to create public safety LTE networks to mitigate the use of PTP microwave links

Framingham police uses Verizon for its wireless communications between on-board computers
and central office

5G LTE features lower power, more range, handles more data, and also provides for "hops" not just "point to point"

Police is preparing for a system upgrade next year. Will Verizon install antennas on the proposed monopole
to improve communications the tower is designed to double its capacity

Can DPW present information on how many incidents are there on record that "public safety" has
been jeopardized by not having a wireless communications facility on Indian Head Heights?
CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY
TECHNOLOGY

REGULATIONS
& BYLAWS

REGULATIONS COMMERCIAL VS. MUNICIPAL USE

Restrictive regulations generally apply only to commercial mobile services

Denial of permit provisions exist even though the 1996 Telecommunications Act limits ability of
local government to regulate construction of wireless telecommunication facilities

Property values and aesthetics are allowed reasons

A denial of any permit must be in writing and supported by substantial evidence

Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support
a conclusion

Availability of alternative technology solutions, potential safety risk hazard to hundreds of residents, and
potential loss of 20% of personal wealth for constituents of the town is substantial evidence

1996 Telecommunications Acts restriction against health effects arguments only applies to
provision of permits for personal wireless service facilities

(C).(i) the term personal wireless services means commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services

DPW has repeatedly insisted that the antenna will have municipal use only

Motorola proposal states that PTP network will operate on the licensed 23 GHz band

CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY

REGULATIONS
REGULATIONS
BYLAWS
&&BYLAWS

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ZONING BYLAWS - USES

Section II.B: Table of Uses: No building, structure, or land shall be used and no building or part thereof or other
structure shall be erected, raised, reconstructed, extended, enlarged, or altered, for any purpose or in any manner
other than as permitted as set forth in the Table of Uses... No lot may be used for more than one principal use,
except as otherwise specifically allowed by this Zoning By-Law.

Table of Uses defines Municipal Services (i.e. communication) and Municipal Water Towers and Reservoirs as two
distinct use categories;

Emergency Communication Facility cannot occupy the same lot as Municipal Water Tank, both being principal uses;

Section II.C: Prohibited Uses: All uses that pose a present or potential hazard to human health, safety, welfare, or
the environment through emission of smoke, particulate matter, noise or vibration, or through fire or explosive
hazard, or glare are expressly prohibited in all zoning districts No use variance shall be granted for any prohibited
use set forth in this subsection, within any zoning district in the Town of Framingham.
In a high-density residential neighborhood of 400+ homes, health and safety is diminished via risk of fire or collapse of
antenna and microwave radiation emissions.
Municipal communication facility cannot seek protection under 1996 Telecommunication Act that only regulates
Personal Wireless Services

Section II.E.1: Planned Reuse Purpose and Intent: It is the intent of this district to permit and encourage the
appropriate reuse of land and buildings that are no longer needed or suitable for their original use, and to permit
reuses which are compatible with the character of the neighborhood and which take into consideration the
interests of abutters, neighbors and the public.

CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY

REGULATIONS
REGULATIONS
BYLAWS
&&BYLAWS

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ZONING BYLAWS - COLOCATION

Section V.E.3.b: Wireless Communications Facilities Conditions

(1) To the extent feasible, all service providers shall colocate on a single tower. Towers shall be designed to
structurally accommodate the maximum number of foreseeable users (within a ten-year period) as
technically practicable.

(2) The SPGA must find that existing or approved facilities cannot accommodate the wireless
communications equipment planned for any proposed facility, before a new wireless communications
facility may be approved by the SPGA.

According to the Motorola proposal included with the ZBA application, the pole is designed for 100% increase of
the original load requirement fueling concerns about future commercial uses of the WCF in the residential area;

There is no requirement from MWRA to install a radio antenna at the water tank on Indian Head Heights, SCADA
communications can be achieved without a 120 ft pole using Wi-Fi (cellular or satellite technology); cellular
technology allows SCADA transmitters (RTUs) to be located at ground level, without the need for tall lightning
attracting antennas.

There are 48 FCC registered microwave towers in Framingham (Appendix F)

Have all colocation options been exhausted?

Can emergency communication antennas be separated from SCADA and colocated on an existing tower.

CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY

REGULATIONS
REGULATIONS
BYLAWS
&&BYLAWS

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ZONING BYLAWS RESIDENTIAL RESTRICTIONS

Section V.E.4.d: Except for the replacement of an existing WCF, the SPGA shall not grant a special
permit for a WCF in a residential zone.

Current proposal includes addition of emergency communication antennas and SCADA transmitters which
appears to be an expansion of scope;

Current EMS communication tower is located on the site of MEMA;

Special permit does not refer to variance but to the matter of installing a monopole antenna itself;

Section V.E.5: Application Procedure

Section VI.E.3: Conditions for Approving of Special Permits

Requires d.6) Evidence, if applicant is sole user of a structure, that all possible means of colocation for
multiple use of antennae elsewhere have been exhausted;

a. (3) The use or structure as developed will not create a hazard to abutters, vehicles, or pedestrians.

The purpose of Zoning Bylaws is to establish such regulations for the uses of land and structures
as will protect and promote life, health, safety, convenience and general welfare of the residents
of Framingham.

Similar application by a private property owner or company petitioning the town to erect a 120' monopole
would likely not be approved for its lack of compliance with town bylaws

CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY

REGULATIONS
REGULATIONS
BYLAWS
&&BYLAWS

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CONCERNS PUBLIC SEEKS DENIAL OF PERMIT

We urge ZBA to DENY the Special Permit

ZBA has the authority to deny the Special Permit application based upon existing Bylaws

A 120 ft monopole with multiple antennas does not belong in a residential neighborhood with
over 400 homes located within 1,750 ft

Other solutions exist in meeting the communications needs of the DPW and Emergency Services

Availability of alternative technology solutions, potential safety risk hazard to

hundreds of residents, and potential loss of 20% of personal wealth for
constituents of the town constitutes substantial evidence for permit denial

CONCERNS
CONCERNS

NEIGHBORHOOD

REAL ESTATE

HEALTH & SAFETY

TECHNOLOGY

REGULATIONS
& BYLAWS

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APPENDICES

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Appendices

Appendix A: Petition signed by almost 200 local residents

Appendix B: Real Estate Expert Letter by Donna Gittelsohn

Appendix C: List of links depicting cases of fire and collapse by Dr. David M. Stupin, retired physicist from Los
Alamos National Laboratory

Appendix D: S.1222 Karen Spilka, State Representative, An Act creating a special commission to study the health
impacts of electromagnetic fields

Appendix E: Technology Expert Letter by Jim Gerow (NASA communications contractor) and Gary Bernard (PhD
Candidate, MIT Physics)

Appendix F: FCC Registered Microwave Towers in Framingham MA

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