Harvard’s Zoning Board of Appeals (ZBA) has reached an agreement with Verizon to allow the construction of a new cell tower at 12 Woodchuck Hill Road. Verizon Attorney Chris Swiniarski attended the board’s Dec. 16 meeting, where he successfully argued that the new tower should be considered a modification of an existing nonconforming use.
That nonconforming use is the 130-foot lattice radio tower that already exists on the property. The ZBA found that the new tower, a 125-foot monopole, would not be more detrimental to the community than the existing one. Swiniarski explained that he had not pursued this line of argument in previous hearings because Verizon had previously been seeking ZBA approval for a 160-foot tower, which would be substantially taller than the existing one. Addressing concerns Verizon might be slow to remove the existing tower, he assured the board that the old tower would definitely be removed within six months of the new one’s completion, and probably within as little as 30 days.
The modification of a nonconforming existing use, referred to as a “Section 6,” requires a special permit instead of a variance. Swiniarski agreed to extend the ZBA decision deadline until Jan. 7, to give enough time to draw up new paperwork. The board will next meet Dec. 30 at 7 p.m., where its members plan to approve the special permit.
After receiving ZBA approval, the tower will also require a site plan review by the Planning Board. During the site plan review process, the Planning Board will address the details of the site, such as abutters’ concerns about visual screening.
