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Date: 4/27/2022
LONGMEADOW – The Select Board unanimously voted to issue a fine of $1,000 against Verizon for erecting utility poles on town land without receiving permission first.
The poles in question are meant to carry electricity via overhead lines to the Wireless EDGE cellular tower on Bliss Road. It was discovered at the previous public hearing on Verizon’s petition for work on the project that the poles had been installed prior to the public hearing and without the Select Board’s permission to work on town land.
The Verizon representative had requested and received an explanation from Verizon Right of Way Manager Albert Bessette.
In the letter, Bessette explained that the crew had been given permission to work on the aspects of the project that were on private property, but not to erect the poles until Select Board permission had been obtained. Verizon was “ready to remove or relocate the poles,” based on the board’s wishes.
Select Board member Mark Gold stated he was, “pretty annoyed,” and proposed fining Verizon for behavior that he felt was a “slap in the face,” to the board.
Select Board Chair Steven Marantz agreed, stating, “Some price should be paid by these guys.”
Select Board member Thomas Lachiusa said he was “shocked,” that Verizon had done the work prior to receiving approval. He asked if there was a procedure in place. Town Manager Lyn Simmons told the board that she was unsure it had the authority to issue a fine.
M.G. L. Ch. 166, Section 26 states that the Select Board must give written notice of the violations and, “if said lines are not within a reasonable time so altered as to conform to said regulations,” the utility can be ordered by the courts to have the violation, “removed or altered at the expense of the owners.”
Simmons later told Reminder Publishing that she had spoken to the town’s attorney on the issue and, “without a significant amount of research there is no definitive answer on whether the Select Board can issue a fine or not.”
Gold raised the idea of making Verizon remove the poles and reinstall them after proper approval is obtained. Making the company pay to do the work twice would be, “tantamount to fining them,” he said. Marantz hesitated and Gold admitted it was “petty,” but insisted Verizon would skirt the regulatory process again if there were no monetary consequences.
The Verizon representative, a third party, told the board that, in his experience, construction before approval was a “rare occurrence.”
Gold responded, “If Verizon can’t control their subcontractors, then it’s our requirement to control their subcontractors, because it doesn’t appear they’re willing or able to do it.”
The Select Board voted to make approval of the project contingent on a $1,000 fine, although it did not require the poles be removed.
Expanded Power
Beth Greenblatt of Beacon Integrative Solutions reviewed options for expanded power metering in the town. The board discussed adding solar panels to town-owned properties, including the roofs of town buildings. The town can lease the sites to solar companies and then share the power produced.
Regarding the scope of the project, Greeblatt advised, “Think big, whittle it down to something you’re comfortable with, and then put out a portfolio and try to get the best offers.”
While a large-scale multi-installation plan could be undertaken after a period of research and feasibility studies, Gold suggested moving forward on installation sites that are ready now to take advantage of current tax credits.
Marantz told Gold that the capped landfill, the latter’s preferred site, will not be ready for installation this year and that studies of contaminants in the land must be conducted before construction can begin. Meanwhile, he said, the roof of the DPW garage was built with the eventual addition of solar panels in mind.
Gold argued that solar panels can create problems on roofs, from water damage to replacement difficulties. Greenblatt explained that roofs need appropriate structural integrity to support solar infrastructure. She also said it is not appropriate for older roofs that may soon need replacing.
A group will be created to study and review potential solar locations.
Resident Comment
During resident comment, two residents spoke against the proposed natural gas pipeline and metering station from Eversource. Vicki Deal expressed concerns about both the environmental impacts and the months-long construction the project would bring to Longmeadow. Tim Casey, the chair of the Historic District Commission, was worried about a pipeline accident damaging the historic homes along the potential routes. He also wondered what influence the pipeline and station might have on property values.