In December, a vocal minority of anti-cell tower activists managed to block a two-thirds majority vote to broaden Lenox’s zoning for wireless service facilities at a special town meeting. Six months later, the issue brought over 500 residents into The Duffin Theater at Lenox Memorial Middle and High School to address the issue once and for all. In front of the overflow crowd, the town once again made its case to amend the bylaw.
“The current bylaw, designed as an overlay district, designates five properties grouped together along the Route 7 and 20 corridor. These are near the existing cell tower up behind Lenox Fit. Because that area has coverage, those five parcels are rendered useless. Since the overlay district doesn't designate any other properties, it effectively prohibits any new wireless infrastructure, which violates federal law. The resulting poor and or lack of service experienced by many throughout town jeopardizes public safety, economic wellbeing, and convenience. Lenox is vulnerable to a developer seeking a variance from the bylaw, or taking the town to court. Either way, this jeopardizes the town's ability to make its own citing decisions, and risks a developer forcing wireless facilities where we don't want them," said planning board chair Tom Delasco. “The new bylaw creates the opportunity for better and more dependable cell service throughout Lenox. It requires a special permit application and review by the Zoning Board of Appeals. It emphasizes the placement of infrastructure as far from residential property lines as possible. It prohibits any wireless facilities from being placed on buildings like the Curtis, Turnure Terrace, or Schoolhouse Apartments. It restores local control over wireless facility citing through a defined use table, determination of need process, qualitative and quantitative review criteria, detailed setbacks, and detailed design and application criteria.”
Representatives of the town’s first responders said Lenox’s lack of reliable cell coverage is an unavoidable concern.
“We have entered a time where telephone lines are considered archaic and the use of cell phones is common practice for many. This is true for fire and EMS. Having the ability to talk directly to a caller in distress or ping the cell phone they have to obtain coordinates to locate the individual whether they're in Kennedy Park, October Mountain, or another location in town or even out of town has proven time and again to be a very useful tool," said Fire Chief Christopher O’Brien. “Unfortunately, not all locations in Lenox and Lenox Dale have coverage, which is very concerning to me personally and professionally. The need for wireless communications is at all-time high for businesses, venues, tourism, and the safety of the community.”
Opponents to expanded cell coverage made a desperate final stand.
“Let me read you two statements and ask yourself, which one do you want for your home, for yourself?" asked resident Diane Sheldon. "Number one, the purpose is to protect the town's scenic, historic, natural and other resources while providing for adequate personal wireless service facilities and towers to be developed in the town of Lenox while also preserving property values and locating towers so that they do not have negative impacts such as visual blight, nuisance, noise, and falling objects on the general safety, welfare and quality of life of the community.”
Sheldon offered an inaccurate depiction of the bylaw as a free-for-all, despite it explicitly demanding special permitting and review from the Zoning Board of Appeals.
“Number two, the purpose of the proposed bylaw is to establish general requirements for the locating of personal wireless service facilities, including, without limitations, towers, antennas, ground equipment, and related accessory structures," she continued. "Which one do you want? The first one is what Lenox has now. It prioritizes your property values, it prioritizes your general safety, your welfare, and your quality of life. The second bylaw prioritizes rolling out towers without limitation. Is this what you really want? To give up your documented protections that are written and codified in the existing bylaw?”
When the question was called, the issue was approved with 464 yes votes and just 67 no votes. Voters also approved an $8.9 million operating budget and $15.5 million school budget for fiscal year 2024.
