TOWN OF STODDARD
ZONING BOARD OF ADJUSTMENT
MINUTES OF THE MEETING HELD December 15, 2010
MEETING CONVENED AT 7:10 PM
Members Attending: Beverly Power, Fred Ward, Maureen Meyer, Ruth Ward and Richard Betz.
Correspondence: Additional submissions from Anderson & Kreiger pertaining to issues brought up at the 11/10/2010 meeting, correction to minutes of 11/10/2010 indicating Donall Healy not sole owner of Lakefalls Associates but really it is Nicholas Healy who owns Lakefalls Associates.
Minutes of previous meeting: Maureen Meyer moved and Ruth Ward seconded to accept the minutes of the November 10, 2010 meeting as presented, the board approved.
Old Business: None
New Business: Memorandum of Understanding on reconvened meeting of 12-08-2010 - Beverly Power read the Memorandum of Understanding, upon advice of council:
Memorandum of Understanding
The meeting, noticed for December 8, 2010, was not held due to two of our board members not being able to attend. Both I, the board chairman, and our board secretary, made every effort to notify, by email or phone conversation, of this last minute continuance to December 15, 2010. On December 8, 2010, the night of the scheduled and noticed meeting, both I and the board secretary came to the meeting to let them know the meeting had to be continued until tonight (December 15, 2010). One party did arrive about 7:30 PM and we told them of the continuance.
Therefore, upon the advice of Town Council, we are going to go ahead with tonight's hearing.
Beverly A. Power, Chair
Stoddard Zoning Board of Adjustment
Application for Variance: None
Application for Special Exception: Reconvene recessed Public Hearing on AT&T application to construct a Wireless Communication Facility off Aten Road on Melville Hill (Tax Map # 418, Lot #5).
Ann Robins, covering for Steve Anderson, of Anderson & Kreiger, representing AT&T, spoke to concerns that arose from the November 10, 2010 meeting. She presented slides detailing construction phase erosion control and silt fence plans to prevent any dust and sediment runoff reaching Granite Lake. She also noted that the plans were beyond and over the top for recommended controls. Her indication of receipt of the Granite Lake Watershed Protection Plan increased the controls planned.
Richard Nicoletti, Granite Lake Association, said who ever sent that plan to Anderson & Kreiger did not have permission from GLA to provide it to the applicant.
Ann Robins continued that the site preparation would be phased to keep exposed soil beds to a minimum. She then went on to report on the balloon test, which was held November 21, 2010, presenting slides showing where the balloon test photos were taken and showing some of the photos. After the balloon test, Anderson and Kreiger went back to the Frequency Team to see if a lower tower would provide the desired coverage - would 100', 110' or 120' tower work?
Deepak Rathore, RF engineer for AT&T, said a lower tower would work for AT&T but might not allow co-locators to place their cells so they would reach over the tree line.
Brian Allen, KJK Wireless, proposed the 150' tower to allow other co-locators room to join AT&T, preventing possible further applications for Wireless Communication towers.
Beverly Power noted that the Town of Nelson placed a condition on their approval to reserve no cost space for town police and fire communicators.
Brian Allen said traditionally mutual aid antennas are whip type that does not interfere with co-locators.
Deepak Rathore said he would need the statistics of the mutual aid antennas to make sure there would be no interference.
Angel Nicoletti, North Shore Road, said the picture of a tower, which was submitted, doesn't seem to be what the planned tower will look like.
Robert (Buzz) McLaughlin, Aten Road, also wondered about the appearance of the tower.
Deborah Ford, Granite Lake Road, asked about the economics of placing the AT&T as a co-locator on the recently constructed Roxbury tower.
Brian Allen reported that the tower appears to be a 190' tree and one abutter was so upset with that condition that he cut down all his trees.
Fred Ward asked if, now that the Roxbury tower is in place, AT&T would co-locate on it.
Brian Allen said AT&T would probably look at that location.
Ginger Saleski, Route 123 North@ Island Pond, asked if the proposed tower would supply any coverage to the whole of Stoddard.
Deepak Rathore said he cannot say for sure but the prediction shows it could improve reception in town.
Ginger Saleski recalled that, during the ice storm 2 years ago, there was no telephone or electricity in some places in town for 8 - 10 days. She feels that the Town, as a whole, needs coverage.
Angel Nicoletti said she supports cell phone coverage but does not support the Melville Hill location.
John Cucchi, Munsonville, said he owns the most property where the view of the tower will impact his property values.
Charlie Donahue, representing some of the Aten Road, and other area, residents, spoke about how the group wants to show the board the other side of the question. The group supports cell towers but not over Granite Lake. The proposed site is the wrong location and is an insult to the town. He went on to say that the 1996 Federal Law has to be addressed. The opponents may not talk about health issues and can't say to go to another town because the providers are entitled to fill gaps in service. Section # 7, paragraph A allows the placement of towers to be decided by the zoning board by Federal Law in conjunction with the Community Planning Ordinance (zoning). Article #4 - 3 applies - the Town must notify surrounding towns and make sure no other sites are available.
Two of the Selectmen of Nelson signed a letter indicating they had not been notified of the proposal. The secretary reported that she sent a letter via first class mail on October 26, 2010 addressed to the Town Clerk, Nelson Town Office, 7 Nelson Common Road, Nelson, NH 03457. The letter was not returned so she could only conclude that it was delivered.
Charlie Donahue went on to suggest alternate sites at the Pitcher Mountain Tower, Nelson's Tower, on Driscoll property or Everett Richer's property.
Buzz McLaughlin, Aten Road, said a large group of residents in Stoddard and Nelson object to the location and presented the board with a letter, signed by over 50 residents, showing pictures superimposing the tower in them. The letter noted one of the Stoddard Master Plan goals is to protect the natural, historic and cultural resources of the town.
Richard Nicoletti, North Shore Road, read a letter referring to CPO Section IV, subsection 3, requirement 4: every applicant for wireless communication facility placement is to demonstrate that there is no existing facility that can reasonably serve the applicant's needs. He reported that the sites named were alternate sites but not the only ones. He reported that he has talked to 3 engineers who think existing towers would allow better coverage - re: on the Nelson Tower and Pitcher Mountain Tower.
There was a general consensus among the audience that the board should hire an independent consultant to advise the board on possible alternate sites.
Jenny Hugh-Yoxen, Center Pond Road, reported that she takes pictures of her garden and the surrounding hills (one of which is Melville Hill) on a daily basis and the tower would impact her view too.
Beverly Power read from an historic map by Charlie Pierce, which showed Melville Hill at 1952' and Morrison Hill, Everett Richer's property, at 1548'. Beverly Power noted tht Morrison Hill is 404' less than Meville Hill but much closer to Route 9 and has access far superior with a town maintained road to Mr. Richer's house at the top. Mr. Richer reported that his road was the first road laid out in Stoddard and is closer to Route 9. His location was approved for a cell tower by Crown Atlantic in September of 2001. The tower was never constructed, even after the Planning Board granted several extensions. His road is in existence and would require very little improvement, past his house, to allow for access to the site.
Ted Crisman, Aten Road, noted the applicant should consider several sites.
Jenny Huges-Yoxen wanted to know what the rush was in considering the proposal.
Julie Enzler, Aten Road, asked if the board could deny the application, requiring AT&T to search alternate sites as supported by Federal Law.
Fred Ward said that were the site on flat land, one tower could cover a large area, but Stoddard has lots of hills and at least 6 centers. A single site isn't going to serve all of them. He thought several; shorter towers can serve most of the town with another tower sited within the Town Hall cupola or within the Stoddard Congregational Church Steeple to cover Stoddard. He also wanted to explore the possibility of co-locating on poles that PSNH has high voltage electric right of way on. He reported observing co-located cell towers on electric poles in New Jersey and Florida.
Ted Crisman loved the question and asked if the board can hire an independent consultant to review the idea.
Charlie Donahue noted that the ZBA has the authority to hire, at AT&T's expense, an independent consultant to assist the board with its questions.
Deborah Ford asked it the public could bring questions to the meeting to seek answers from the board's consultant.
Brian Allen admitted that he has worked with N-star on co-locating on existing power poles. He did say that is isn't as easy as it may appear, requiring research to learn easements and owners of land under easements, etc.
Richard Betz called for an independent analysis of alternate sites, at AT&T's expense, for answers to Fred Ward's questions.
Barbara (Bonnie) Amrein, Aten Road, asked what the board's hurry is in determining approval.
Charlie Donahue said the Federal law requires the board to determine a decision within a limit of 150 days from receipt of a completed application on new tower proposals.
Elizabeth Mason, of Anderson & Kreiger, reported that the application was submitted on October first and the RF report was submitted a bit later. She referred to the 150-day limit from submission of a completed application. She did say that AT&T would consider an extension if progress is being made.
Charlie Donahue asked if AT&T is going to hold the board to that clock.
Elizabeth Mason said perhaps.
Beverly Power said she considered the clock to start at the November 10th meeting date.
When pressed, Elizabeth Mason agreed to 11/10/2010 as the clock start date.
Beverly Power wondered how long it would take an independent consultant to report on RF issues.
Kristen (Kris) McLaughlin, Aten Road, noted that AT&T did not present appearance issues at the 11/10/2010 meeting and wondered why the appearance issues are being supplied now.
Brian Allen thought it would take 6 weeks for a report from the independent consultant.
Richard Nicoletti suggested that the board consider hiring Richard Comi, of Albany, NY as the independent consultant. The board took Mr. Comi's name for consideration.
Geoffrey Jones, Shedd Hill Road, spoke of the irritation that the Yoga Class has suffered by the ZBA scheduling meetings on Wednesdays when the Yoga Class has to end early and has been interrupted by attendees talking outside in the entry hall. He begged for common consideration of the previous user of the hall by folks waiting for a ZBA meeting to start.
Buzz McLaughlin wanted to know if the 150-day clock stops during consultation by an independent expert.
AT&T did not know the answer.
Ted Crisman noted that not all consultants are searching for as many sites as are available.
Beverly Power said she would be asking questions of the New Hampshire Municipal Association - now called Local Government Center, as her authority on all questions presented at the hearing.
Dave Maxon, of Hadley/North Hampton area is one consultant.
Elizabeth Mason said she could supply 2 consultant's names for consideration.
Beverly Power gave a directive to both attorneys in attendance at the meeting, Charlie Donahue and Ann Robins, from Anderson & Kreiger that any paperwork to be submitted to the bord needs to be delivered to the board secretary 2 weeks prior to the next scheduled meeting, to allow adequate time for the board to receive and absorb the information presented.
Fred Ward moved and Richard Betz seconded to recess the public hearing at 9:40 PM, to January 5, 2011 at the Town Hall at 7:30 PM, the board approved. The January 5, 2011 meeting will be a business meeting to review candidates and check availability of each. Fred Ward thought there might be questions from the board, which would require the public hearing to be reconvened on that date. He also passed a list of questions for reply to AT&T's representatives. A further meeting was scheduled to continue the public hearing on February 15, 2011 at the Town Hall at 7:00 PM.
Adjourned: Ruth Ward moved and Richard Betz seconded to adjourn the meeting at 10:15 PM, the board approved.
Respectfully submitted,
Patricia E. Putnam
Secretary