After much debate, radio operator gets his towers
The saga of Zachary Manganello’s radio towers has come to a close — at least for the time being.
Manganello’s application to build a 36-foot tower with a 4-foot mast, and a 50.5-foot tower with a 10-foot mast, has been approved. The shorter tower will be attached to the north face of Manganello’s home, while the taller structure will be built in his yard, close to the tree line and visible from the street.
Manganello first applied to build two 84-foot towers at his home on Dorset Street Jan. 8, 2020, but modified his proposal after hearing from his neighbors. He then presented an amended application at a hearing Nov. 17, and the opponents of the project spoke at a hearing on Dec. 17.
The process for this project was unique in a number of ways, because of COVID-related meeting changes and because the town had never reviewed a ham radio application under the town’s ordinance, said Dean Pierce, director of planning and zoning.
On top of that, the planning commission had never acted as a telecommunications review board.
The town’s ordinance limits towers in rural areas to 35 feet, but the policy is outdated, Pierce said.
“I can’t recall any board in town ever reviewing a ham facility under the telecommunications ordinance,” Pierce said. “The drafters of that ordinance just didn’t contemplate the possibility of a ham radio proposal that was going to be reviewed by the ordinance.”
Multiple calls to Manganello were not returned by press time.
Opponents of the project worried that the towers would be visually unappealing, but also claimed that the structures did not comply with the town’s ordinance.
Kevin Hawko, who was a part of the group represented by lawyer Peter Raymond to fight the proposal, said that the neighbors group found the town ordinance to be quite clear.
“Our interpretation of all the research we did and the cases that had been adjudicated, suggested that the town ordinance as written was more than adequate,” Hawko said. “The other ham radio operators in the town were all able to comply with the definition of the town ordinances.”
Hawko also said that the revised proposal will do little for the visual impact the towers will create. Hawko’s house faces Manganello’s property, so the structures will be visible every morning he wakes up and looks out his front window, he said.
Hawko said that although he appreciates the effort the board put into reviewing the proposal, he still felt disappointed by the board’s decision.
In terms of building a neighborly relationship with Manganello, Hawko said that he encourages Manganello to reach out to the neighbors.
“I think most of us would appreciate his trying to demonstrate his neighborly disposition that he’s represented in the TRB but has yet to represent in person to any of his neighbors,” Hawko said.
Not all community members are upset with the board’s decision.
Shelburne resident Gail Murphy, who lives in Columbus Circle, said that she was delighted to hear the town gave their approval for Manganello to construct his towers.
Murphy criticized Manganello’s neighbors who disapproved of the proposal.
“Where is the common sense with these people? Just because it destroys their view? Is there a super practical reason?” she said.
Murphy believes that the towers benefit the community for their emergency use, like when Manganello communicated with the Red Cross during the 1998 ice storm in Maine.
Based on evidence derived from the hearings, the board approved Manganello’s proposal stating that although the town’s ordinance provided guidance, it was primarily written for cell towers and does not accommodate ham radio communication set by the Federal Communications Commission. The board also concluded that Manganello did compromise with opponents when he revised his application.
On Feb. 17 the board released “Findings of fact, conclusions of law, and notice of decision” and said that “while the board is well aware of and agrees with the priorities Shelburne places on its rural areas, the board was required to comply with federal regulations in making its decision.”
The board has set conditions that Manganello:
• Must submit proof of Federal Aviation Administration approval, the taller structure will be removed if no resident at 4450 Dorset St. holds an amateur radio license or uses the towers for over a year
• Must submit each renewal of his FCC license
• Must post “no trespassing” signs near each tower
• Must provide a surety bond to Shelburne to cover 150% of the estimated cost of removal
• No commercial advertising is allowed
• Must use the towers as he has described in the hearings.
Lawyer Brian Sullivan, who represented Manganello on the project, said that the board made a very well-reasoned decision.
“[The conditions] are not things that I haven’t seen before in terms of getting sign offs from a federal agency,” Sullivan said. “It’s a standard condition.”
Sullivan said that Manganello took his neighbor’s grievances into account and aimed to create a proposal that would be less objectionable to his neighbors.
“It’s his hope that things will calm down and that he’ll be able to establish good relations with his neighbors,” Sullivan said. “It’s a realistic hope that once the towers are put up, people will get used to them.”
Pierce said that Manganello has not completed all the conditions necessary to begin construction, as of now.
In a past hearing, Manganello stated that he already has all the parts needed to build the structure. Pierce said he was unsure when Manganello would begin constructing the towers but assumed it would be in the warmer months when the ground is not frozen.
Opponents have within 30 days of the decision to make an appeal. Hawko said that at this time the neighbors group is unsure what their next steps will be.
You can find this story published in the Shelburne News.
