ZBA SPECIAL PUBLIC HEARING

Preliminary

Town of Stoddard

Zoning Board of Adjustment

Minutes of Hearing Sept. 10, 2020

The meeting was called to order by the Chairperson at 7:30 pm.

The Pledge of Allegiance was led by Jason Kovarik.

Members present: Chairperson Jason Kovarik, Vice Chairperson Franz Haase, Bud Record, Herb Healy, Doug Summerton

Alternate Members present: Milosh Buckovcan

Others present: Gent Cav representing Fibercast, Abutters: Michael Turino, Ray Durand, Kathleen and Kenneth Durward

Although it was offered and operating, there was no participation via Zoom.

Hearing

The Chairman called Role call and read aloud the procedure for a ZBA Hearing. The Secretary read the Notice of Hearing. Fibercast Corporation is asking to build a utility structure less than 200 square fee in size,located on Shedd Hill Rd., Tax Map 125, Lot 012 in the lakeside District. The structure is necessary for furnishing utility service to the public and will be a physically integrated component for utility transmission and distribution apparatus.

Herb asked why we were having a hearing under Article 4 Section 7 which appears to be for wireless communications not public utilities. Jason read Article 4 Section 7 aloud. He also stated that Chris from the Selectmen Office said Fibercast must go to the ZBA first. The Chairman previewed the Planning Board Site Review Procedures. Herb asked Gent if Fibercast is a public utility, he replied yes. Herb stated that Article 4 is basically for towers. He also stated that as a public utility the ZBA should not be involved. Discussion continued on whether Article 4 Section 7 was the appropriate section to have the hearing under.

Bud stated the hearing tonight could be informative only. Herb stated we could discuss and come up with a conditional endorsement and get the right people involved as this section does not apply to public utilities.

The Chairman asked Gent Cav to describe what he plans to build on the site. Gent stated it is a wooden structure to contain electronic and fiber-optic equipment, transmitted by data. It will have an emergency generator (20 PW) it will have parking area for 3 vehicles. It will not have water or sewer. The structure can service a 60 kilometer area.

Michael Turino of 77 Walker Road, asked if there is any radiation emitted from the equipment. Gent said no.

Ray Durand, abutter who owns land across from the project, says he is for the project, then asked if fans would be running. Gent stated no, but there will be an air conditioning unit that shouldn’t make much noise as it is no larger than a regular home air conditioner. Ray asked if there will be a buffer from the road like trees? Gent did not have that answer. The property has an easement for Walker Road but it is unknown if the easement is half-way into the road. Ray asked if Fibercast will maintain Walker Rd? Gent replied yes, because they will need access to their lot. Ray explained the residents on the back end of the road maintain the private road with an arrangement among other lot owners. Gent explained there will be a motion detector and lights will come on for camera’s to record safety issues. Ray asked if there would be a camouflage buffer to hide the building, lights and noise.

Kathy Durward an abutter, stated a culvert on Shed Hill Road that runs across Walker Rd is crushed and asked if Fibercast plans to fix it? Mike Turino an abutter, said that the culvert has been crushed for awhile and he has brought the issue to the Selectmen previously but it has not been fixed yet. Mike stated Fibercast has begun to cut down trees to clear the lot. Herb and Franz stated they do not need permission to clear the lot. The lot is further than 250ft from the lake and there is no Town restriction for cutting trees unless it is for lumber.

Our CPO is silent on public utilities so Jason read the first paragraph of NH RSA 674.30 and suggested that the Board go by the State regulations. Gav stated Fibercast is under the FCC provisions. Fibercast also provides telephone services which puts it under Public Utility. This station will facilitate broadband, fiber optic voice & phone services to the area.

The Board discussed whether Fibercast is a public utility or a telecommunication facility. Gent spoke saying Chris in the Selectmen’s office told him to go to the ZBA first then the Planning Board. There are more rights and privileges connected to public utility, more so than a telecommunication facility.

The Chairman asked if anyone had further questions. No one did. He then asked if anyone had anything to say for or against the project. Mr. Durand said he was for it as long as abutters are satisfied.

Herb asked if we wanted to put any special conditions imposed on the project. Franz stated with no decibel levels or lumen levels given, how would we regulate or monitor it? Gent said LED lights are used. Franz asked if Fibercast will take every reasonable step to accommodate neighbors concerns regarding noise and lighting. Gent said yes, that is part of being a good neighbor.

The Chairman asked for a motion to close the Hearing. Herb made a motion to close the public hearing, Bud second it and all members voted in favor. The Chairman explained the rules of a closed hearing to those in attendance.

Herb stated the applicant realizes there are concerns with his project as it is in a neighborhood. Fibercast has stated they want to be a good neighbor. Herb made a motion to approve the Special Exception for the public utility project on the residential property (Map 125 Lot 012) with recognition that the applicant realizes the project resides in a residential area and will work with his neighbors without further conditions from this Board. Doug second the motion. A Roll Call vote was called: Doug, Herb, Bud, Franz and Jason voted to approve the Special Exception.

Special Exception has been granted based on CPO Article 4, Section 7.

New Business

None

Correspondence/Reports

None

Old Business

None

A Motion was made by Franz to adjourn. The Motion was second by Herb. The Motion passed unanimously. The meeting adjourned at 9:25 pm. The next meeting will be Sept 17, 2020 at 7:30 pm at the Stoddard Town Hall and on Zoom.

Respectfully submitted,

Kathleen Ellis

Secretary to ZBA