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Planning Board Minutes 07/26/2010
Preliminary Planning Board
Meeting Minutes – July 26, 2010
Minutes recorded by Sharon Rossi


Members present:  MBorden, BMarshall, KO’Connell, JAdams, MSteere , JFletcher,

Vice Chair, MBorden opened the meeting at 7:00p.m.  JAdams began reading the July 12, 2010 minutes. MSteere took over the reading of the minutes beginning with line 90.  GMorris arrived at 7:15 p.m.

Corrections and amendments to the July 12, 2010 meeting minutes are:

Line 23 - corrected "Tara" to “Terra”
Line 31- inserted, “minutes as amended.”
Line 44- "legislature" to “legislative”
Line 44- remove the first word "issue" from the sentence and add the word "the", to read as; “seems as this one unconfirmed issue is driving the ordinance.  He has talked with the…”
Line 46 - corrected “gentlemen” to “gentleman”
Line 57- remove the word "to" from the sentence, to read as; “LMurphy and a representative from DES hold public, informational meetings for the public.”
Line 65 – add an "s" to Road; to read as; “…at corner of Gould Hill and Zephyr Lake Roads,”
Line 68 – insert the word “was” to read as; “that a sign-up sheet was going…”
Line 79 – correct the word “totally” to “totaling” and to change the word “at” to “to”
Line 82 – inserted “that she identified” to read as; "items are not applicable that she identified.”
Line 109 – inserted the word “permits,” to read as; “copies of any other state permits”
Line 124 – inserted a comma after "asked" to read as; “KO’Connell asked, “Where was the….”
Line 136 – removed the word "is" to read as; “else’s driveway running through it.”
Line 142 – put a period after the word "question" and insert “there being none,” and removing the words "and which" to read as; “…if there are any other questions. There being none, at 8:21 p.m., he closed the…”
Line 145 – corrected “correctly” to “incorrectly.”
Line 165 – added quotation mark to sentence, to read as; “Does this waiver cover the triangle/lot?”
Line 178 – remove the second word "to" from sentence
Line 184 – change comment to read, “(See lines 84 – 111).”
Line 188 - corrected "Tara" to “Terra”
Line 194 – inserted a comma after "asked" to read as; “Asked, are you looking to run it as a co-op?”
Line 210 – inserted the word "a" to the sentence, to read as; “…he still has to do a letter for the…”
Line 214 – changed the word "hearing" to ‘meeting’

At 7:34 p.m. MSteere motioned to accept the July 12th meeting minutes as amended.  KO’Connell seconded the motion. The vote was unanimous.

MBorden turned the meeting over to GMorris at 7:35 p.m.

GMorris asked for a 10 min presentation from applicants the 46 Zephyr Lake Road Cell Tower Application.  PRenaud asked the Board and the applicant if he could tape this session.  Both agreed and GMorris asked JSpringer if he wanted a copy tape.  His response was, “No.”

JSpringer presented the following:

He handed to GMorris for distribution to the Board, one revised full sized set of plans and 7-11X17 sets.  JSpringer announced that he had advised GMorris via e-mail of revised information he was bringing and realized that the Board wouldn’t be able to come to a conclusion this evening.  He asked that the Board view all which includes a noise report for the generator and that both facility and generator meet town’s requirements.  He said that cut sheets, wetland reports are in the packet as well.  He commented that the project will not impact wetlands.  The tree survey has been done in accordance the ordinance and that the average tree height has dropped from 67’ to 36’.  He knows that the radio frequency will farmed out and suggested that assignment be expanded.  He said that the added elevation on pg Z4, in relation to tower on Gould Hill show that we do not breach the top of Gould Hill.  The  building plan on Z2 shows the setbacks as well as the  distance from the front of property, which is 1839’ to Zephyr Lake.  The size of the compound has been shrunk. From east of the compound there will be a new retaining wall, 160’ from edge of clear,  168’ to the west, 104 ‘ from rear.  The new plats have the complete lot lines, as well as noting all abutting properties/ residences. Because of the new information, we will come back next month, and go over in full detail at that time

GMorris will make a copy of the revised plans available to the public tomorrow   The plans will be at the Town Offices so anyone can look at the new plans.

MSteere noted that a written request for a extended time request would be sent from the applicants.  JSpringer responded, “That he will be sending a letter as such.”

JFletcher stated, “Initially your application was for a 90’pole then you lowered the height to 87’ and now you are back to proposing a 90’ pole.  You will have to apply for a variance.  JSpringer responded, “Yes.”

BMarshall is concerned about the radio frequencies that will be coming off tower in relation to abutting residences, “Will those radio frequencies be affecting the houses sitting above the tower?”  MSteere responded, “When the second site walk with crane and/or balloon test is done,  a new report will be completed and sent to RF consultant and that question will be answered.”

MBorden asked, “What will be retaining wall height, 8’ or 10’ high?  Will it need to be engineered because of that height?”  JSpringer responded, “Yes it will be engineered according to Infinigy Engineering Rep’s notes on sheet Z9.”

GMorris asked, “If this tower gets approved, what coverage will this give the town?”    JSpringer commented, “The trade-off is smaller towers, but more of them in order to get coverage.”  KBreurer commented, “There is a blind spot on the south end of Route 31 and it gets costly to fill in gaps, so you’d have to live with it.”  KO asked about a 4G network.  What is the capability of a 3G site.  KBreurer responded 100 or more customers per section of antenna to be served, but depends on what each customer is using.  

GMorris stated he was told there is a second access, a logging road to the compound site.  KBrown, owner of 46 Gould Hill Rd said the main access to the site is up the driveway.  GMorris asked, “What does the board want to do for a visual test because getting a crane up there will be almost impossible.”    JSpringer stated that a balloon test would be done.  GMorris offered two dates for balloon test, August 7 and August 14.  The date selected: August 14 with August 21 and 22 as rain dates.  JSpringer said that the balloon will be up from 7 a.m.to 2 p.m.  The Board will do the site walk on August 14 then will go to selected locations in the town surrounding areas for visuals of the balloon.

JSpringer asked if viewing locations have been determined?  BMarshall and JAdams stated that the town ordinance has pre-determined sites set.  JSpringer asked that the locations of the view sites be e-mailed to him.  

GMorris read five letters for record from:  COglivie, SKnight, JRenaud, KAsbury and C& EDumas.  These letters are in the Planning Board’s file.

GMorris commented, “We have hired an independent RF consultant.”    JRenaud stated there are wireless tower consultants and can the town hire one for this case?

GMorris queried, “Is there anything else from the BD?  In looking at the upcoming agenda for the Board, it was decided that this meeting will be reconvened on September 13 at 7:30 p.m.

GMorris said he would have the Board’s agenda put up on the Town’s website to communicate to all involved abutters as well as the public, when the site walk and balloon test will be done.

CDumas said he had point of order, “It was stated in the last meeting about the cell tower that the public portion of the meeting would be continued on this date.  Why aren’t you opening the public portion?”

MSteere stated, “A lot of material has been delivered this evening and it should reviewed first because the questions that the public wants answers to, may be answered by new information received tonight.”

After discussion, GMorris reopened the public portion of the cell tower hearing at 8:33pm.

CDumas said in my letter I have requested documentation showing a list of contact made to Greenfield landowners by the applicant for placement of the tower,  when will I get that information? GMorris read the ordinance on, pg 23 regarding “existing structures, burden of proof,…”

GMorris asked, JSpringer about item 2 under this ordinance, “Have you come across any structures in which you can co-locate in town?”  “No, the Crotched Mountain and Francestown sites will not reach the proposed site,” responded JSpringer.  

CIrwin, Blanchard Hill Rd, commented, “From the map, I can see a wetlands delineation and a buffer zone.  There are wetlands along the driveway which were significantly eroded during site walk, what will happen to that road or driveway, to avoid the erosion?”

KBrown, owner responded that the erosion is due to heavy rains that come down Zephyr Lake Road, it was been repaired and it very dry now.

CIrwin inquired, “Will the utilities run along the driveway or under the driveway?  I want this confirmed in public record.”  KO’Connell wants to know if 3 phase will be used.   CIrwin wants utility poles noted on the plat, grades of road, where the road will be, flagged properly to see how much soil is going to be disturbed, how water is going to run off during rain events, so that runoff doesn’t created new wet areas, wants soil scientists to look at road and compound area, we have erodible soils on our steep slopes of which this site is located.  GMorris said, “that the applicant must provide an erosion plan.”

GAustin said, “We’ve heard from numerous people about consultants that are contracted as independent consultant at no expense to town, soil erosion experts, historical consultants, forestry experts, environmental consultants, RF and sound pollution consultants, safety and fire considerations, these consultants should be considered or have input into this.”

Kennett commented,  “Because of the limitation of the height of the tower, does the town want a million towers, lets really think about what towers and their size should be put into place because we don’t want to set the town up with all these towers.”

GMorris commented, “Look at towns around us, the town of Troy has a 180’ ordinance, and in the applicants defense, if the first perfect location/owner didn’t want it, then the applicant went to the 2nd choice.”  

AGuinn commented, “I supported Ms. Kennett.  Also, the Town has a noise ordinance and it is amazing what I hear from where I live. This past winter, I could the Woods generator.  Sound carries when the noise maker is up high.

SKnight asked if the HVAC system cycles on a regular schedule or when it is needed?  KBreuer said, “The generator usually kicks in at 78 degrees.”
LNickerson said, “I remember attending a meeting about houses being built on steep slopes. Did the Town adopt an ordinance about that?  Also, how are they going to upgrade the road so that the fire department can get to the site if case of a fire?”
.
NNIckerson asked, “Is the generator for back-up use only?”  JSpringer responded, “It’s an emergency generator only.”  

AWood stated that, “HVAC will be on a lot because the equipment must be kept cool.  I work in the high-tech industry, so I know what is required for equipment to run efficiently.”

JMoran commented, “Relative to the wetlands, that wetland area sits above residential water sources that pulls water out of that wetland.  My house water is drawn from those wetlands via the aquifers.  There is a lot of erosion in the area and water flows will impact our water drawn for our house.”

KAsbury, asked, “Why we can’t hire someone to do a general overview as to where other cell sites are available in town.   

EAnderson has questions concerning the foundation of the pole.  Also questions the height of the antenna with approximation to side hill, can we get the orientation of antenna?  Do you have the antenna pointing directly into someone’s house? He knows that AT&T’s standard is to have a due north orientation of antennas.

BWoods asked "Are there any corrosive materials on site and will the site be placarded?"  KBreuer  commented, “MSDS sheets will be on site.”  BWoods said, “There was a persistent rumor about 15 yrs ago that the previous owners buried household waste, oils, etc on this site?  Does the town check the water at Zephyr Lake?  It was commented that State checks the water.  Is there a standard for decommissioning?  GMorris read pg 29 & 30 of zoning ordinance concerning decommissioning.  Also he commented that the applicant does have to post a bond for such action.

JStevens, Infinigy engineer, commented, “The foundation is designed as site specific due to soil conditions.  I doubt that we will hit groundwater.”   JMoran said, “that he has water testing done at his house and had to put in a water treatment system because radon gas. Water is definitely moving through area.”  

AAndrus, 80 Gould Hill said, “Are we basing this on an old antiquated idea, isn’t the current momentum to be talking less on cell phones while traveling?”

SChicoine asked, “Can you tell me what data was used to calculate the elevation shown on the plan?”  JSpringer said that the information will be provided.  SChicoine asked, “If more research can be done on getting a crane on property for the testing?  A rubber tired skidder was going up and down on that property, so a rubber tired crane should be able to get up and down on that property if the logging road along the wall is used.”

AGuinn commented that she would like to see the fire chief at the site walk when it is done and also have a noise machine or equivalent on the site at the same time to measure the levels of noise.

SKnight asked about a point of clarification on application.  Initially 6 panels would be mounted on the pole, but the plan shows 4 per section with 3 antennas, is it 2 or 4 per sector?  KBreurer, 4 per sector is the standard.  She also asked if the applicants prepared and submitted a packet to the preservation dept for the state of NH?  JSpringer will check on that.  

PRenaud asked, “Is the tower location the same as the old site?”  JSpringer responded, “Yes.”  PRenaud asked, “Will the town RF consultant’s report become public?”  GMorris responded, “Yes.” He then asked, “What manual or text does the Planning Board use for land use?”  GMorris answered, “The town’s master plan and State of NH regulations book.”

THunt asked, “Is there a requirement for fire safety access?”  GMorris responded, “Yes.”  THunt then commented, “It was stated that during the winter, a snowmobile would be used for access, is that adequate for the fire department in winter?”

EAnderson asked the Board, “Do you think you actually saw where the tower was going to be?”  GMorris stated, “No, that is why we are having a second visit.”

JMoran asked, “Since the FCC has banned us from raising health concerns, will there be monitoring of RF power coming off antennas as to intersecting residential areas ?

GMorris said, “The Board, as they go through this process, if they were to approve this site plan, can attach caveats to the granting of the application.  This audience has brought up many good points and the board will consider these in their deliberations”

BMarshall commented, “We haven’t even begun the deliberative process, and all these questions will be discussed and the audience will not be allowed to ask any more questions during that deliberative session.”

GMorris commented, “We will not close the public portion because there will more discussion after the material is reviewed and absorbed by all.”

SKnight asked, “How will the information I am requesting get to me?”  JSpringer replied that he will send it to GMorris who would forward it to you.

SMarschok, queried, “What’s broken?  As a community, why is this being considered?”

At 9:35 p.m., the Board decided to continue this hearing on 9/13 at 7:30 p.m.  A five minute break was requested.

9:47 p.m.  GMorris continued with the mail received portion of the meeting.

Mail received:

Fax received from SKnight, copy of letter read in to record previously
Greenfield building permits dated 7/21/10
Energy Technical & Assistance for NH Newsletter
SWRPC Commission Highlights for June 2010
July/Aug Town and City Publication from LGC
Select Board Meeting Minutes for 7/1/10
Board request for payment for COglivie  
State of NH septic design approval for subdivision for Harold I Chandler,

MSteere motioned close the meeting at 10:16 p.m.
JFletcher seconded the motion.
Vote unanimous to end meeting at 10:17 p.m.