ANTRIM ZONING BOARD OF ADJUSTMENT
March 17, 2009 Board Meeting
Members & Staff Present: Diane Chauncey John Giffin
Ron Haggett John Kendall Frank Scales
Paul Vasques Don Winchester
Members & Staff Absent: Doug Crafts Len Pagano Paul Young
Public Attendees: Maureen Watts Constance Vandervort
Peter Burwen Barbara Grant Doug Wilkes (AT&T)
Leslie M. Bernardi Susan C. McLeish Travis Bullard
John Sojninen Dean Proctor Kim Proctor
C. David Kirkpatrick Wendy Chandler Eric Chandler
Tony Koban Walter C. Neff S. R. Schacht
Bonnie Achterhof Margaret Warner Andrew Robblee
Kevin Brewer (AT&T) Christine E. Koban Steven R. Jones
David Penny Gordon Webber Shannon McManus (AT&T)
Ben Pratt Phil Marotte
Public Meeting: New Cingular Wireless PCS,LLC (AT&T) 2009-01ZBA Special Exception to construct and operate a ground mounted Personal Wireless Service Facility (PWSF) and an area variance from twenty feet (20') above the Average Tree Canopy Height and an area variance from the frontage of 200' for non-residential use in the residential district. Chair Kendall convened the meeting at 7:15 PM, and introduced the Board and Staff. Mr. Scales was appointed to sit for the absent Mr. Crafts, Mr. Winchester for the absent Mr. Pagano, and Mr. Haggett was appointed for the absent Mr. Young. Chair Kendall explained the procedure to be followed during the meeting. The meeting time would be limited to 9:30 PM. Should the meeting be continued, it would be scheduled for April 14, 2009 at 7:15. He described the background of the
case – the applicant (AT&T) requests a special exception to construct and operate a ground mounted PWSF on a residential property and two variances; namely, from the average tree canopy (20' above) and from the minimum frontage (200'). The applicant would give his presentation, and after the proposal, those in favor of the application could speak, followed by those not in favor of the application. The speakers must use the microphone (at the center of the room) and state their name and address They will have five minutes to address the Board. If more time is necessary, there would be a second opportunity to speak, time permitting. He stated that the entire meeting would be recorded. Chair Kendall advised the applicant that documentation should be submitted 10 days before a meeting for consideration. Documentation presented to the Board the night of the meeting will be reviewed prior to the next meeting.
Chair Kendall continued with the structure of the proceedings by explaining that the Zoning Board of Adjustment would like to retain an independent Radio Frequency Expert to evaluate the applicant’s frequency coverage. The report should define 1.) frequency coverage in Antrim 2.) locations in which a PWSF could be constructed to increase coverage, and 3.) other reasonable and feasible alternatives to the proposed facility. The Board expects the applicant to pay for the expert fees. The ZBA may also request other experts, such as, an appraiser. The Board would like to work with the applicant to retain experts that New Cingular has not used.
Chair Kendall asked Ms. Chauncey to read the public notice, which follows:
“Notice is hereby given that a public hearing will be held at 7:15 P.M., Tuesday, March 17, 2009 at the Antrim Town Hall concerning a request by New Cingular Wireless PCS,LLC("AT&T") for a Special Exception pursuant to Article XIV-B(4)(a) and XIV-B(5)(d)(Personal Wireless Service Tower and Facility), Article XIII(General Requirements for Grant of a Special Exception) and Article XIX(B)(2)(Special Exceptions) Article I (General Provisions) of the Town of Antrim Zoning ordinance, NH RSA 12-k (Deployment of Wireless Service Facility) and the Telecommunications Act of 1996, New Cingular Wireless PCS,LLC ("AT&T") to construct and operate a ground mounted Personal Wireless Service Tower and Facility ("PWSF") at 22 High Street, Antrim, NH (Map244, Lot 6) in the Residential
District.
And, following the approval of the above request, a Public Hearing will continue with a request by New Cingular Wireless PCS,LLC ("AT&T") pursuant to Article XIX(B)(3), NH RSA-674:33 and the Telecommunications Act of 1996, AT & T for a Variance from Article XIV-B(6)(a)(4)(Ground-Mounted PWSFs) not to project higher than twenty feet (20') above Average Tree Canopy Height) and Article VI -C.(6)(b)(Minimum Lot Frontage of 200' for Non-residential Use in Residential District), and for any other zoning relief within the jurisdiction of the Board required to construct and operate a ground mounted PWSF to be located at 22 High Street, Antrim, NH (Map 244, Lot 6) in the Residential
District.
You are invited to appear in person or by agent or counsel to state reasons why you think this request should or should not be granted. Written concerns should be submitted to the Antrim Town Office prior to the meeting.
The application and supporting documents are available for review at the Antrim Town Offices Monday through Thursday 8:00 A.M. to 4:00 P.M”
Chair Kendall asked Attorney Douglas Wilkins of Anderson & Krieger to present his proposal. Attorney Wilkins stated that he and his partner Stephen D. Anderson would have both participated in this evening’s meeting but his partner was at another PWSF hearing. Attorney Wilkins began by explaining that AT&T needs to provide coverage frequency in the Antrim area. He has come before the Board to seek a Special Exception according to Antrim's Zoning Ordinance. Given the way the notice was read, he would like to address the variances also, and would like to start with the plans. He introduced Shannon McManus who knows more of the specifics of the site and construction - so that she may be called upon for her expertise. And, also expected to be in attendance was Kevin Brewer, a Radio Frequency specialist. Anderson & Krieger
submitted a large packet on February 17, 2009, and another set of documents on March 12, 2009. Attorney Wilkins realized that the latter information would not be discussed (not enough time for the Board to review). Attorney Wilkins said that should probably not be a big deal since the meeting will be continued to April 14, 2009. Attorney Wilkins presented the applicant's plans on the easel. He started at the left of the room, but moved to the middle of the hall to accommodate both the Board and the public attendees
Cover page - Information concerning the proposed location -
Setbacks are noted
Driveway location and proposed driveway extension
75’ Frontage noted
Sheet C3 - Shows existing driveway and utility poles
Significant topography and trees
Placement of the monopole
Wetlands - no permit needed, but buffers will conform to the Antrim Zoning Ordinance
CO3 Tree survey data for variance relief of 20' above average tree canopy
127 trees in the survey - identified by number
Base and height of each tree was computed to determine the average height canopy Fifty-nine feet (59') was the average.
Seventy nine feet (79') is the maximum height above the canopy allowed by Antrim
Zoning Ordinance
Variance request for a one hundred foot (100') tower to exceed the allowed height above the canopy.
CO5 Proposed compound - chain link fence topped with barbwire - security to comply with the Antrim Zoning Ordinance
A swing gate will open in to the driveway.
Parking & traffic - once constructed, the cell tower requires bi-monthly maintenance. Not a significant traffic generator. In an emergency, more visits may be necessary.
Monopole (100') - will be within the compound. A 3-carrier pole - AT&T plus two other companies could collocate on the same pole.
The AT&T antennas would be placed at 97' in height with traditional mounts to allow the antennas to give the best coverage.
The color of the monopole would be the Town of Antrim's decision- the color usually
blends with the environment
Outdoor diesel generator - 50kw - does not run continuously - 30-minute test run each
week
11 1/2' x 20' shed for equipment - climate controlled
Attorney Wilkins continued the presentation by referring to the application packet that the Zoning Board of Adjustment had reviewed. (Can be viewed at Town Hall - Mon - Thurs - 8 -4pm, M - 5 - 7pm or at www.antrimnh.org). The items presented are as follows:
Items 1 - 3 - Application and Engineer's drawings (discussed previously)
Item 4 - Photo simulations - The applicant had hired an expert in photo simulation (Caron & Associates Design, LLC) to perform a visibility study of the area. Three balloons were flown on January 21, 2009. The three balloons were situated at different heights: red - 100', yellow - 90', and red - 80'. Due to existing tree canopy, the balloons could not be set up directly over the proposed monopole location. Therefore, it was set up in the closest proximity possible. Caron & Associates Design located the proposed monopole in the proper location in the 3D model used for the simulations. Therefore, the proposed pole has been corrected to be shown accurately in the simulations. The monopole may appear to be in a different location and a different height than the proposed monopole. (The simulations can be viewed at Town Hall
or on the www.antrimnh.org website.)
Item 5 - Radio Frequency (RF) Report - Three tables in this section include: Table 1 - Existing Communications Towers, Table 2 - Existing Buildings and Structures, and Table 3 - Raw Land Sites. Kevin Brewer (RF expert) explains the inadequacy of each location. Color charts in the same section depict existing coverage, planned coverage with the tower, and planned coverage without the tower.
Item 6 - Noise Study - A noise control engineer was retained by the applicant to perform a site evaluation for the PWSF. The proposed equipment consists of various cell equipment that will be housed inside an equipment shelter. The noise-generating equipment of concern is the HVAC units that will be used to cool the equipment housed in the shelter, and the emergency generator onsite to provide power to the equipment during a power outage. The State of NH and the Town of Antrim does not have noise ordinances that would limit noise produced by the proposed cellular equipment. The sound levels from any of the proposed equipment will not produce objectionable noise given distances from the equipment to nearest inhabited residences.
Item 7 – Report of a Radiation Safety Specialist – Donald L. Haes, Jr., Ph.D, Certified Health Physicist – Dr. Hale reviewed the pertinent information of the PWS antennas to be mounted on the proposed 100’ monopole to be located off 22 High Street in Antrim. The theoretical RF field calculations data are included in the 9-page report (may be viewed at Town Hall or www.antrimnh.org). The calculations indicate that a maximal potential RF field level near the ground to be less than one-tenth of one percent of the current RF exposure guidelines. This result means that
there could be more than 1000 similar additional installations at this location and still be within Federal guidelines for RF exposure. Attorney Wilkins states (not to be problematic) but due to the guidelines of the FCC Act of 1996 – the Board can not consider radiation issues.
Item 8 – Existing Facilities – This chart lists 4 existing facilities (SBA, a building, Aiken Street, Antrim; CCI, a tower, Clark Road, Hillsboro; Town of Hillsboro, a tower, Bible Hill, Hillsboro; US Cellular, a tower, Old Stoddard Rd, Nelson) and the comments regarding economic and technological feasibility for co-location. All four had the same comment which follow: “Because of the limited height and location of this facility, the topography and other characteristics of the intervening area, and the technological limitations of AT & T’s radio frequencies, it is not possible to address AT&T’s targeted coverage area in Antrim, NH from this site.”
Item 9 – FCC – Radio Station Authorization - A record of public information contained in the FCC’s licensing database
Item 10 - Atlantic Flyway – Antrim is bypassed by migratory birds
Item 11 – Impact Studies – Five Reports that list site specific analysis which stated that there would be no diminution in value of the properties located in or around a PWSF:
A. Property Impact Study in Londonderry, NH
B. Property Impact Study in Cornish, NH
C. Property Impact Study in Southern NH
D. Property Impact Study in Candia, NH
E. Property Impact Study in Auburn, NH
A Property Impact Study of Antrim, NH has been completed, but was not submitted ten days previous to the ZBA meeting. (Available for viewing at Town Hall or www. .antrimnh.org)
Radio Frequency Report & Alternate Sites Analysis
Attorney Wilkins yielded the floor to Kevin Brewer (RF Engineer for AT&T) who stated his conclusions of the Radio Frequency Report & Alternate Sites Analysis and showed maps of planned coverage in and around High Street, Antrim. Mr. Brewer stated that he has worked with AT&T for 12 years. He explained how a cell phone worked and the power necessary to power the signal. Mr. Brewer stated that as cell phones have become smaller and more complex, greater coverage is needed. Enough power is needed to transmit the cell phone information. Several thresholds were used to determine coverage in the Antrim area. Mr. Brewer had color maps which depicted the coverage area.. He felt that the lighting in the room made it difficult for the attendees to clearly see (the maps may be viewed in Town Hall or www.antrimnh.org). The color code for the maps is as follows:
Green – good coverage from inside a building
Blue – good coverage from inside a vehicle
Light green – good coverage outside
Red – good coverage in winter without foliage – lose the ‘red’ coverage in summer foliage
Mr. Brewer continued by stating that AT&T has poor coverage in New Hampshire and particularly in Antrim and along Route 202. There is okay coverage in Deering and Peterborough. The orange dot on the map shows the site of the proposed PWSF. From the color coding on the map, it showed that there is spotty coverage which would result in poor reception and dropped calls in the proposed construction area. This High Street Tower would give increased coverage with: good reception inside buildings, quality service, 3G capabilities, video sharing, and internet browsing. The area would have the ultimate coverage desired in the downtown area site.
Two studies had been done at alternative sites:
Pleasant Street Water Tank Mr. Brewer had completed two tests at two different heights. A proposed construction of eighty feet would improve coverage a small amount. At one hundred feet, the coverage would increase somewhat but would not meet the necessary requirements for AT &T customers.
Nelson Tower - The coverage from this tower has no impact on Antrim. A ridge of hills deters the frequency capability.
In conclusion, Mr. Brewer said that the one hundred foot High Street tower gives the ultimate coverage desired and although another site will be needed to the 'North' in the future, the High Street tower is what was being discussed today.
Attorney Wilkins asked if there were any questions for Mr. Brewer, summarized the application,and finished his presentation.
Public Hearing: Chair Kendall opened the hearing and reminded the attendees that the Public Meeting would finish at 9:30 PM. He asked Ms. Chauncey if there were any letters in favor of the proposal. Ms. Chauncey stated that all forty seven towns of regional impact had returned receipts. In addition, all abutters’ receipts had been returned except: Helen Bradbury, Derek and Hilary Brown, and Colonial Survey. Chair Kendall asked if there were any letters in favor of the proposal. There were none. Any letters opposed to the proposal. There was one from Sarah Dyer, 20 High Street. Her letter concerned lightening strikes and radio emissions. Ms. Chauncey read the letter.
Chair Kendall asked if any of the public attendees wished to speak in favor of the proposal:
John Dunlap, 22 High Street – Mr. Dunlap began speaking away from the microphone, but was asked to speak at the microphone. He continued by stating that the tree across form Sarah Dyers house, and his cousins’ house had been struck by lightening. The tower will be very well grounded. If anyone had looked out the day the balloons were flown, no one would have seen them. He could barely see the balloons from his home.
Chair Kendall asked for anyone else who would like to speak in favor of the application. No one responded. Chair Kendall asked if anyone not in favor of the proposal would like to speak. Several abutters wished to speak against the proposal. Most of the abutters who spoke also had documentation to support their opposition that was compiled for the ZBA:
Constance Vandervort, 9 Maple Avenue – Mrs. Vandervort read a letter to the Board that explained her concerns of the proposed PWSF:
Perception of a hazard would decrease property value
Weakening of Antrim Zoning Ordinance, setting precedent
PWSF would be better placed on Town of Antrim property – all residents would benefit
Mrs. Vandervort had a packet of information for the Board which included her letter and four informational documents entitled: “Wait a Minute”; “Property Rights as Substantial Evidence”; “Significant Gaps”; and “Capital Appraisal Associates, Inc.”. Many of the public attendees applauded.
Peter Burwen, 11 Maple Avenue – Mr. Burwen had documentation for the Board as well as a 45-person signed petition (“Petition to Decline the Request for Special Zoning Exception for PWSF”) by the residents most immediately affected by the proposed PWSF. Mr. Burwen explained to the Board that he would be grossly impacted by the PWSF in “his back yard”. He expressed his concerns as follows:
No other use like the PWSF existed in the neighborhood
Has invested an enormous amount of money in his property
The photo simulations were very selective and did not show the impact to his land
A market analysis should be done
Mr. Burwen’s documentation included: “Opposition to allowing the zoning, construction, and operations of a PWSF”; “Wetlands Harm/Damage on Downrange Lots”; “Commentary to Anderson & Krieger application”; “Town Can Reject Cell Towers – Lawyer’s Weekly USA”; “Commentary on Impact Study”; and “Real Estate Appraisal of Burwen/Watts Property”.
Leslie Bernardi, 30 High Street - Ms. Bernardi spoke on behalf of her mother, Beverly Bernardi, who was unable to attend. She had Mrs. Bernardi’s documentation, which included a request to the ZBA to research the proposed monopole. The request stated Antrim Zoning Ordinances and then Mrs. Bernardi’s comments expressing her concerns of the proposed PWSF.
Maureen Watts, 11 Maple Avenue – Ms. Watts read a prepared letter in which she stated that she is opposed to the construction of a PWSF. She feels that her whole life’s investment is in their property and that she never would have bought the property if she had known that a commercial operation would be in her back yard. Many of the public attendees applauded.
Chair Kendall asked if any other opposing abutters would like to speak. There was none. Chair Kendall asked if anyone else would like to speak.
John Dunlap, 22 High Street – Mr. Dunlap asked if he could speak and then without coming to the mike, asked if he could discuss another balloon test.
Chair Kendal said that the balloon test would be discussed later in the meeting.
John Dunlap, 22 High Street - stated that if the PWSF were not allowed, he would put in a shooting range.
Chair Kendall recognized Mr. Burwen to speak for a second time.
Peter Burwen, 11 Maple Avenue – Mr. Burwen stated that he had researched the gap in coverage. He stated information from the 3rd and 4th Circuit Courts (the legal terminology is in his documentation). He also discussed property values and that the inherent value of his property is not just the house, but the ½ acre pond, the pond house, the view, and the clearing. The land and environment is a significant part of the value. He would like to go on record as inviting AT&T to come onto his property. The third point concerns the wetlands that are on 1/3 of the Dunlap lot. He would like to go on record that a complete impact study should be made.
Chair Kendall said that the wetlands issue would be a part of the Planning Board’s site plan review.
Leslie Bernardi, 30 High Street – Ms. Bernardi would like to speak on behalf of herself. She would like the Town of Antrim to retain independent experts who would evaluate cell tower coverage. Ms. Bernardi told of two testimonies involving cell tower health and property issues in the Colorado Supreme Courts, as examples of cases that are before Supreme Courts. She also had documentation for the Board which included: “A request for the ZBA to examine the site proposed by New Cingular Wireless”; “Map – Open Space Protection Priorities”; “Map – Town of Antrim Base Map”; “Map – Sensitive Resource Areas”; and “Consequences”.
Peter Burwen, 11 Maple Avenue - Mr. Burwen had another comment concerning health issues. Although, the FCC has minimized the effects of health when living near cell towers, other countries, have taken the issue more seriously. He is concerned for his 6-year-old son. He repeated that the Town of Antrim should receive the revenue stream. He discussed the crane test and that it should be demanded.
Walter Neff, 34 Main Street – Former Nortel Network Marketing Engineer. He and colleagues had worked diligently to develop a cell tower that looked like a tree. He believes a monopole is hideous. A tower that blends with the surrounding area would be more appropriate and that the vendor should look for a tower that has a less objectionable look.
David Kirkpatrick, 8 Pleasant Street - Mr. Fitzpatrick expressed his concern for safety issues, property values. He did not believe that there was not another good place to position the tower. He stated that there is a “lot of good land out there” and the cell tower could certainly go in another location. (There was clapping) He counted on the Planning Board to make good decisions. He felt that a precedent could be set. As an audio-frequency engineer, he worried about the noise factor. He expressed concern for bees, pollinators, bats and butterflies.
Susan McGuish, 30 High Street – Ms. McGuish had researched the PWSF proposal on behalf of the Bernardis. She looked at the tree study completed by AT&T. She felt that 45 of the marked and counted trees were outside the area of concern. She felt that these trees should not have been counted and wondered if that would change the height of the average tree canopy. She also had a concern with the fall zone of the tower and if insurance protection had been taken into consideration. In addition, she worried about environmental issues such as the boundary lines of the wetlands, owls, and the numerous turkeys that traveled the parcel. Lastly, she wanted to know the size of the trucks that would be delivering the monopole.
Chair Kendall asked if any other abutters opposed to the PWSF proposal would like to speak; any abutters who were in favor? Attorney Wilkins wished to speak to some of the concerns that have been discussed, which are as follows:
Balloon test – if another is requested, the applicant would, with the permission of the residents,
be happy to photograph from their properties
Supreme Court rulings – specifically 3rd District Court (PA) and 4th District Court (VA) have no jurisdiction over the State of NH
Gap in coverage – each carrier is allowed to resolve their coverage gaps
Increased coverage – many customers will appreciate better service
Crane test – much more intrusive. Trees would need to be cut, a road constructed, and a balloon
would still be flown atop the crane
Chair Kendall stated that the Board needs to consider a site walk and the balloon test – at which time, permission to access abutter’s properties would be requested.
Mr. Dunlap, 22 High Street – Mr. Dunlap explained that on the date of the balloon test (January 21. 2009) it was very cold.
Peter Burwen, 11 Maple Avenue – Mr. Burwen expressed his problems with the balloon test and that the ZBA should secure a complete impact study of independent experts and not to pin everything on a balloon test. He felt that 22 High Street is not the right lot – there should be other options on larger lots. He wanted to state that he would like to see the crane test to clear up the uncertainties.
Mr. Vasques stated that the public attendees should be aware that the process for the approval of the PWSF in the Town of Antrim consisted of multiple steps. Even if the ZBA grants the Special Exception and the two Variances, the applicant would then go before the Planning Board for a Site Plan Review.
Chair Kendall said that the Board wanted to accurately assess all information.
John Dunlap, 22 High Street – Mr. Dunlap said that Mr. Burwen had cut down all his trees, and that he was not the one cutting all the trees down.
Mr. Winchester reminded the public attendees that the Chair should be addressed and there should not be a back and forth between the public.
David Kirkpatrick, 8 Pleasant Street – Mr. Kirkpatrick asked why AT&T could not go on another carrier.
In answer to Mr. Kirkpatrick’s question, Mr. Brewer (RF expert) said that AT&T had considered a location on an existing tower but other carriers are of a lower frequency than AT&T – therefore a collocation would not be possible.
Chair Kendall stated that the Board needed to continue the meeting and have time to read the new material and absorb the documentation that had been presented.
Attorney Wilkins expressed his thoughts as follows:
Should move forward with the balloon test
Crane test is impractical – trees would need to be cut down, road built, and because a monopole does not look like a crane, the residents will not get a sense for the
actual structure
Peter Burwen, 11 Maple Avenue – Further points that Mr. Burwen would like to express:
Cautioned the Board to seek legal counsel
The 3rd and 4th Circuit Courts were mentioned to show that Antrim could challenge a decision
Questioned what a gap in coverage is
Likes his cell phone and better coverage – but there are other sites available for a tower
The revenue stream should go to the Town of Antrim
After a short discussion between Board members, Chair Kendall continued the meeting to April 14, 2009 at 7:15 PM – at which time the decision for a balloon/crane test and site walk will be discussed.
Business Meeting:
Approval of Minutes: Mr. Giffin moved to accept the minutes as written. Mr. Haggett seconded and the minutes were unanimously approved.
Discuss re-appointment of Board Members – Three members, whose terms will expire in 2009 need to be re-appointed by the Selectmen – Paul Young, Len Pagano, Doug Crafts. Chair Kendall will discuss this with the members for a decision on April 14, 2009. Some of the Board members recall a discussion of alternating members with alternates so that all get an equal time to serve as voting members.
May 12th Rehearing The Board discussed right-of-ways (ROW) in general and questions for Town Counsel regarding the ROW. Mr. Vasques will talk with Attorney Mayer.
At 10:00 PM, Mr. Giffin moved to adjourn the meeting; it was seconded by Mr. Scales and unanimously approved by all.
Respectfully submitted,
Diane Chauncey
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