ANTRIM ZONING BOARD OF ADJUSTMENT MINUTES
Agenda for May 26, 2015 Meeting
Public Hearing
Industrial Tower and Wireless
2015-01ZBA
Members & Staff Present:
Megan Osgood (Land Use Assistant) Ron Haggett (Vice-Chair) Shelley Nelkens (Member) Megan Osgood (Land Use Assistant) Frank Scales (Member)
Ray Ledger wood (Member) John Giffin (Chair)
Absent: John Kendall (Alternate)
Public Attendees: Kevin Delaney Kevin Fadden Rick Voci Steve Grill Thomas Davis Joyce Davis Tom Dorr Nancy Dorr John Cronin Mike Genest Bess Robblee Steve MacDonald Art Kaufman Nance Kaufman Frank Bennett Kathy Bennett Raymond Bennett Andrew Robblee Stephen Chapman Mike Genest Nancy Cone Beverly Weymouth Gary Wood Deb Shaw Ed Shaw Joan Brone Cindie Chapman Nancy Dorr Tom Reegg Frank Bennett Kathy Bennett Ray Bennett Ashley Saari Cynthia Crochett Gary Wood
7:00PM Public Hearing:
Chair Giffin opened the meeting at 7PM. He introduced the ZBA members and explained the Public Hearing procedure.
Notice is hereby given that a public hearing will be held at 7:00 PM Tuesday, April 28, 2015 at the Antrim Town Hall on the request of Industrial Tower and Wireless, LLC (ITW) for a Special Exception per Article XIV-B, Section 4. (District Regulations) a. (Location) and a Variance from Article XIV-B. Section 6. (Dimensional Requirements) 4. (Height of Ground Mounted Facilities) for a proposed Personal Wireless Service Facility (PWSF aka Cell Tower) on property owned by Andrew & Bess Robblee located at 115 Pierce Lake Road (Map 206 Lots 87.1 – 87.4), Antrim, NH 03440 in the Rural District. ITW proposes to construct a one hundred fifty (150’) foot wireless telecommunications monopole tower along with the accompanying equipment area.
Chair Giffin explain how the meeting would be run and asked the public attendees if they have signed up in the back on the sign-up sheet.
Chair Giffin asked Mr. Grill to speak first and explain the letter that was sent on behalf of ITW.
Mr. Giffin wanted him to explain the “shot clock” rule that was adopted by the Federal Communications Commission (“FCC”).
Mr. Grill stated that it seemed very unlikely that further hearings will result in any new information which would ass significantly to the evidence already in the record. He therefor respectfully asks the ZBA to bear in mind that under the so called “shot clock” rule adopted by the FCC, municipalities generally must process applications for permission to construct a tower within 150 days from the date tjat the application is filed. He also stated that failure to do so creates a presumption that the application has been unreasonably delayed, which would be a violation to federal law.
Mr. Grill stated that the application for Variance and Special Exception in this case was filed on January 5, 2015, which means that the 150 day “shot clock” expires on June 5, 2015.
Ms. Nelkens said that the weather should be considered as an extenuating circumstance.
Mr. Giffin explained to all in attendance what the Board was there to do. He explained that the Board was there to look at the application itself and the evidence before them.
He stated that the Board was not authorized to do any type of site plan review.
Mr. Haggett explained the process and the difference between what the Zoning Boards job was and what was Planning Boards job was.
Mr. Giffin asked if there was anyone that wanted to present any new evidence.
Mr. Kaufman spoke and said that he believes the tower should not have to hold 5 carriers.
He reiterated that there are other places he believes the tower should be placed.
Mr. Haggett stated that the Board will follow the Variance Criteria and the Special Exception Criteria.
Mr. Haggett stated that the Planning Board did have to adhere to 14 B.
Ms. Ogilvie said that in general the Planning Board cannot lower the height of the 150 ft. pole.
Pat Dunn spoke and handed a picture out of a water tower at Hawthorn College. He spoke against the cell tower and felt the coverage was not enough to warrant such a large tower.
Frank Bennett spoke against the cell tower and showed the board some maps that he had created showing the area and what he felt the coverage area would be.
Mr. Davis spoke and asked if the Board agrees the cell tower can be viewed from the road.
Mr. Davis stated that you can also see the tower from a public recreation area.
Ms. Crocket stated Pierce Lake Road was a scenic road and in her opinion it was a neighborhood and not a place a cell phone tower should be.
Ms. Weymouth stated that she was concerned about her property value. She believed that that cell tower would decrease the value of her property.
Ms. Nelkens has questions to the Board about coverage and roaming.
Mr. Giffin and Mr. Haggett explained.
Mr. Grill stated that they would be willing to go to 130ft at this time and if they needed additional height they would be permitted to build out if needed.
Mr. Giffin did not think that would be anything that the ZBA would need to determine because ITW still needs the 150ft.
Mr. Haggett moved to close the Public Hearing . Mr. Scales seconded, and was unanimously agreed upon by all.
Mr. Ledgerwood moved to deliberate each of the criteria. Mr. Haggett seconded, Ms. Nelkens abstained but all other members were in favor.
Discussion ensued.
Special Exception Criteria
- The proposed use may be similar to one or more of the uses already authorized in that district and is in an appropriate location for such a use.
Mr. Hagggett stated that it was an appropriate location because cell tower are dependent on height.
Ms. Nelkens did not feel that the RF study that was presented by ITW was complete.
- Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious or offensive.
Mr. Haggett stated that although a cell tower does effect the environment he feels that the cost of
the change is more of a benefit.
Ms. Nelkens disagreed.
- The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is proposed.
The Board discussed the issue and felt none of these would be affected.
- Such approval would be consistent with the intent of the Zoning Ordinance.
Mr. Haggett referred to Article XIV-B 1
- Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
Mr. Giffin felt that this criteria was more of a Planning Board issue to determine.
Mr. Haggett made a motion to have the motion for approval done in two parts; One for the Special Exception and a separate one for the Variance. Ray Ledgerwood seconded. All members were in favor.
Special Exception:
NOTICE OF DECISION
Please be advised that at a duly-notice public meeting on May 26, 2015 the Antrim Zoning Board of Adjustment voted to APPROVE the application of Industrial Tower and Wireless, LLC for a Special Exception per Article XIV-B, Section 4.a (Location) for a proposed Personal Wireless Service Facility to construct a 150-foot wireless telecommunications monopole tower along with the accompanying equipment area on property owned by Andrew & Bess Robblee located at 115 Pierce Lake Road (Map 206, Lots 87-1 & 87-4) in the Rural District.
This approval is subject to the following conditions:
- Zoning Board of Adjustment requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated January 27, 2015 and all subsequent meetings as they pertain to this application are a conditional part of this approval.
- The applicant shall obtain a building permit for any construction or alternation and adhere to all building, health and fire codes.
- The applicant shall apply to the Antrim Planning Board for Site Plan Review.
- This approval is valid if exercised within two (2) years of the date of this approval.
__________________________________ ______________________________
Chair, Antrim ZBA Date
Variance:
NOTICE OF DECISION
Please be advised that at a duly-notice public meeting on May 26, 2015 the Antrim Zoning Board of Adjustment voted to APPROVE the application of Industrial Tower and Wireless, LLC for a variance per Article XIV-B, Section 6. (Dimensional Requirements) 4. (Height of Ground-Mounted Facilities) for a proposed Personal Wireless Service Facility to construct a 150-foot wireless telecommunications monopole tower along with the accompanying equipment area on property owned by Andrew & Bess Robblee located at 115 Pierce Lake Road (Map 206, Lots 87-1 & 87-4) in the Rural District.
This approval is subject to the following conditions:
- Zoning Board of Adjustment requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated January 27, 2015 and all subsequent meetings as they pertain to this application are a conditional part of this approval.
- The applicant shall obtain a building permit for any construction or alternation and adhere to all building, health and fire codes.
- This approval is valid if exercised within two (2) years of the date of this approval.
__________________________________ ______________________________
Chair, Antrim ZBA Date
Mr. Haggett read the motion for the Special Exception.
Mr. Haggett moved to a vote on the special exception request; Mr. Scales seconded. By a voice vote, the Board approved the motion 4-1.
ROLL CALL VOTE:
Name |
Yes |
No |
John Giffin |
X |
|
Ron Haggett |
X |
|
John Kendall |
N/A |
|
Ray Ledgerwood |
X |
|
Shelley Nelkens (Alternate) |
|
X |
Frank Scales |
x |
|
VARIANCE CRITERIA
- The variance will not be contrary to the public interest.
Mr. Haggett referred to Article 14 in the Antrim Zoning Ordinance and reference H.3 which states: The Height limitations of this Zoning Ordinance shall not apply to flagpoles, church spires, belfries, chimneys or antennas.
Ray Ledgerwood stated that he was a little uncomfortable with the ordinance because of the opposition and it states that height should not exceed (50) feet.
Mr. Haggett stated that a PWF is height dependent.
Ms. Nelkens stated that she still had concerns in regards to if the RF Report was complete.
(2) The spirit of the ordinance is observed.
(3) Substantial justice is done.
(4) The values of surrounding properties are not diminished.
The Board discussed and Mr. Ledgerwood stated that there is no evidence that the value of properties would be diminished. He stated that he believe it was actually the opposite. Younger generations want to have access to these services.
(5) Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.
(A) For purposes of this subparagraph, “unnecessary hardship” means that, owing to special conditions of the property that distinguish it from other properties in the area:
(i) No fair and substantial relationship between the general public purposes of the ordinance provision and the specific application of that provision to the property; and
(ii) The proposed use is a reasonable one.
(b) If the criteria in subparagraph (a) are not established, an unnecessary hardship will be deemed to exist if, and only if, owing to special conditions of the property that distinguish it from other properties in the area, the property cannot be reasonably used in strict conformance with the ordinance and a variance is therefore necessary to enable a reasonable use of it.
Mr. Haggett read the motion for the Variance.
Mr. Haggett moved to a vote on the special exception request; Mr. Ledgerwood seconded. By a voice vote, the Board approved the motion 4-1.
ROLL CALL VOTE:
Name |
Yes |
No |
John Giffin |
X |
|
Ron Haggett |
X |
|
John Kendall |
N/A |
|
Ray Ledgerwood |
X |
|
Shelley Nelkens (Alternate) |
|
X |
Frank Scales |
x |
|
The Special Exception and Variance were granted 4-1. Mr. Giffin told the applicant that any person affected has the right to appeal the decision. Anyone wishing to appeal must act within 30 days from the date of the Notice of Decision.
A Notice of Decision will be issued within five (5) business days.
Business Meeting:
Mr. Haggett moved to approve the March 17, 2015 Meeting Minutes; Mr. Scales seconded. The minutes approved by a unanimous vote.
At9:40 PM, Mr. Scales moved to adjourn the meeting; Mr. Ledgerwood seconded. All approved to adjourn the meeting.
Respectfully submitted,
Megan Osgood, On Behalf of the Antrim Zoning Board of Adjustment
| 
