Planning Board minutes, Aug 11
Jackson Planning Board ~ PO Box 252, Jackson, NH
MINUTES
REGULAR MEETING – PUBLIC HEARING
Aug. 11, 2011
(UNOFFICIAL UNTIL APPROVED)
Portions of this meeting was a joint hearing with the Board of Adjustment. See separates minutes of the Board of Adjustment for the portions of the meeting pertaining to the Board of Adjustment
Frank Benesh conducted the joint meeting due to the absence of Planning Board Chairman Scott Badger. The meeting was called to order at 7:00 P.M.
ATTENDING:
Planning Board Members - Ray Abbott, Frank Benesh, Bea Davis, and David Treadwell. Alternates - Larry Siebert and George Howard.
Zoning Board Members - Frank Benesh, Martha Benesh, Gino Funicella, Lisa MacAllister and David Mason.
Others - Warren Schomaker, William Wogisch, Penny Miller, Jerry Dougherty III, Lisa Fearon, John Fichera, John Allen, Jim Dodge and Bob Davis.
The minutes of the July 14th meeting were reviewed.
A letter from Susan Chase was read by the members. She wanted the following comments added to the minutes.
“If, in fact, water is brought to the surface from underground springs and streams or wetland and then channeled through culverts or ditches there will be resulting increase in both quantity and rate or flow of runoff. This increased runoff will cause erosion, sedimentation and the creation of a water course where one did not previously exist.”
Ray Abbott made a motion to accept the minutes with the additional comment; George Howard seconded the motion and all voted favorably.
The joint Public Hearing to consider the waivers for AT&T Mobility was called to order at 7:10 P.M.
As there are 6 members of the Planning Board present, Chairman Benesh indicated to the applicant that any motion will require 4 of 6 votes to pass. The representative from AT&T was asked if she wanted to continue the meeting considering the reduced Planning Board attendance and she agreed that she wanted to do so.
Lisa Fearon from AT&T explained that 1 waivers were being requested from the Planning Board: a waiver from the requirement for fencing around the tower.
The proposed site is to enable AT&T to give better coverage. It is located on one of the existing towers at Black Mountain Ski Area. The proposed construction calls for the removal of 15 feet of climbing pads to prevent climbing on the tower.
John Fichera explained that the Verizon and NHPR towers do have fencing. The AT&T request is on an existing lift tower and fencing would create a problem with narrowing of the ski trail. Skiing is occurring around the other towers. He stated that removing the 15 feet of climbing pads would prevent climbers.
David Treadwell asked about the tower design. John Fichera replied that it is a very strong one piece construction similar to those used on Mt. Washington to withstand the weight of snow and high winds.
Public Comments: None
The Public Hearing was closed at 7:30 P.M.
Discussion by Planning Board: None
Ray Abbott made a motion to grant the waivers; George Howard seconded the motion. Five voted in favor and one abstained (Bea Davis). Four votes were needed so the motion passed.
The joint Hearing was concluded at 7:35 P.M.
The Planning Board hearing concerning Boundry Line Adjustments and Subdivision (see below) was called to order @ 7:35 P.M. and conducted by Frank Benesh.
Boundary Line Adjustments on Tax Lots V-6, Lot 31A-2 owned by Robert & Beatrice Davis, V-6, Lot 31A-4 owned by Fred J. Dambrie II, V-6, Lot 31A-5 owned by Robert & Beatrice Davis and V-6, Lot 31A-6 owned by Dean Crowther, and subdivision of the newly configured Tax Lot V6/31A-4 owned by Fred J. Dambrie II into two lots.
Bob Tafuto of Ammonoosuc Survey represented the owners. He had spoken to Scott earlier in the week about this plan. At the last session Bob had with the planning board there was a request for an updated plan. The lot line adjustment provides the required frontage on the right-of-way and not on the second driveway as first proposed. The new lot is losing a small triangle to the other lot. Dean Crowther will have a boundary line adjustment with land from the Davis’s.
Larry Siebert asked if all the lots have 200’ road frontage. Bob says all do with the extensions.
Bob Tafuto is asking for conditional approval tonight so that the engineering sheets can be presented to Burr Phillips for approval. He would then have to come back for final approval.
Frank Benesh asked if Burr Phillips has seen this plan.
Bob replied that he has seen this plan from Ammonoosuc but not an engineer’s plan. Burr needs to see driveway information. There is no change in the hammerhead.
Frank Benesh stated he was uncomfortable that Burr hasn’t seen the plan.
Dave Treadwell favors going through the checklist now.
Bill Wogisch had a question about an abutting property and what effect all this would have on it.
Bob explained that he was giving up slope easement in an area not seen from the house.
George Howard was concerned about the process for conditional approval. We are running out of time for construction.
Bob Tafuto indicated a strong preference to go forward tonight with the checklist and to get a conditional approval so the engineering sheets can be completed.
David Treadwell read the checklist. The Mylar copy will be prepared with the final approval. The engineering sheets will be done later. The assessors will have to determine the new Tax Map number on the created lot.
Frank is concerned about the missing abandoned line.
Bob asked if he would like a waiver or note about it.
It was agreed to leave it as is now seeing that the line is being abandoned. Engineering sheets are not prepared. The right-of-way with drainage still needs to be done. The town engineer has passed over these plans and has approved them. The test pit on parcel A-5 is not included. Bob will add this.
George Howard moved the application be accepted; Ray Abbott seconded the motion and all voted favorably.
George Howard moved that we grant conditional approval with engineering sheets and test pit data added; Ray Abbott seconded the motion and all voted favorably.
The hearing was closed at 8:30 P.M.
OLD BUSINESS: None
OTHER MATTERS:
David Treadwell suggests that we digest all the information we have. His opinion is that the Planning Board hasn’t presented information so that the selectmen can understand it. We need to go over this information and see if we can make improvements.
Frank feels that site disturbance will be discussed next month. Russ Miller’s letter needs to be discussed.
Bob Tafuto says that the State has a very strict site disturbance police and that ours does not even come close.
Dave says we need to be more careful to identify the problems.
There were no other comments.
Ray Abbott moved that we dissolve the meeting at 8:35 P.M.
Respectfully submitted,
Susan G. Way, Secretary
August 16th, 2011
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Jackson Zoning Board of Adjustment
August 11, 2011
UNOFFICIAL UNTIL APPROVED
Draft November 20, 2010
Members in Attendance: Frank Benesh, Dave Mason, Brian Walker, Lisa McAllister. Alternates attending the meeting were Martha Benesh and Gino Funicella,
Visitors: Ray Abbott, David Tradewell, George Howard, Larry Siebert, Planning Board members; Beatrice Davis, Selectmen’s Representative to the Planning Board; Susan Way Planning Board Recording Secretary, John Fichera, Jerry Dougherty III, Lisa Fearon, Warren Schomaker, Bill Wogisch, Penny Miller, John Allen, Bob Tafuto, Jonathan McNeal, Bob Davis, Will Dodge
Chairman Benesh called the meeting to order at 7:04 p.m.
Amend and approve minutes of May 18, 2011 meeting There are no minutes to approve tonight. They will be approved with this set at the next meeting.
Chairman Benesh noted the next item on the agenda for both the Planning Board and the Zoning Board of Adjustment is joint Public Hearing to consider the application from AT&T; he is chairing both Boards but each Board has its own agenda and will have its own record.
(See separate Planning Board minutes for portions of the public hearing relating to Planning Board issues.)
Chairman Benesh opened the Public Hearing at 7:08 p.m. Certified letters have gone out to all abutters and the hearing was noticed in the Conway Daily Sun. There is no quorum for the Planning Board; the applicant has the right not to move forward; the applicant chooses to continue. The plan is to have the information presented as regards both waivers, abutters and members of the public will be asked for comments and then the Public Hearing will be closed for each Board to deliberate its respective waiver.
Public Hearing – Northern Mountain Realty Trust (Map R17, Lot 31-b) Waiver of Fall Zone Attorney Lisa Fearon represents the applicant and appreciates the scheduling of a joint meeting for this Public Hearing. She will be presenting the case for both petitions for waivers (fence surrounding the compound/Planning Board; fall zone to be 125% of height of tower/ZBA).
First and foremost, Lisa Fearon noted the facility will be safe, it presents no threat to public safety; it complies with all current standards; it will withstand snow and ice and the plan is to remove the bottom fifteen feet of rungs off the ladder so there is no chance of someone climbing it. The tower will be minimally visible and the location allows AT&T to use already existing equipment; sighting in that area will allow 3G service while there is only 2G service now.
John Fichera spoke about how this will affect the ski area. The Verizon compound has a fence; the NPR tower waived the fence and anti-climb so is presently on a tower that can be climbed. Removing the bottom fifteen feet of the rungs is good; the area would lose trail space around the tower if it was fenced; he would like to see the fence done away with. No one can climb it; it’s a burden and serves no purpose. Regarding the fall zone, John noted that folks are skiing right by the lift towers that are taller than the forty-five foot tower that AT&T is proposing; folks already ski under and around the towers; this is a lot safer than telephone poles folks walk by every day; this tower is engineered for winds up to 120 mph; the bottom of the tower is heavily armored; it won’t bend; it’s solid as a
rock.
Lisa McAllister asked who determined the safety of these towers and was informed the FCC has standards that all telecommunication towers have to adhere to. The emissions off this tower are well below the FCC standard. Public safety is being served. Lisa also wanted to know if the NPR tower that got a waiver is similar to the one being proposed; this was affirmed. John noted Jackson just adopted a cell tower ordinance; it doesn’t identify FM antennas.
Dave Mason noted that Exhibit G is an engineering report on the tower; in maximum problem conditions the tower could be expected to bend over above the slip joint; in determining the mean fall zone it means half the time the pole could snap at less than half the height of the tower and half the time the pole could snap at more than half the height of the tower. This means it could snap with twenty-five feet of tower falling; how would that be addressed. Lisa Fearon noted the tower is structurally designed to withstand icing, snow and wind; it is unlikely it would snap. Larry Siebert noted the ski area would be shut down in 120 mph winds. Martha Benesh noted if there is a possibility or probability then there is liability; if the town approves this would the Board members be liable if something unforeseen happens?
Dave Mason noted the town has insurance; nothing these members do here would void that insurance protection; also members of the Board, as long as they are acting in good faith, are indemnified. Gino Funicella noted in the severe icing about fourteen years ago they had gusting winds up to 105 mph after the ice storm. Has any thought been given to a deicing mechanism; heavy ice would be a reason why the tower could snap in a high wind. John Fichera noted there are gusts all the time up there up to 105 mph; the ice storm of ‘98 was severe; the antenna creates heat; the biggest problem is sail effect. There were no issues with the lift towers when the mountain had five days of rain and twenty-eight degree weather. We can’t guarantee the weather; but heat is generated by the antenna; the Board is doing due diligence. When asked what the weight of a fully dressed out tower is John noted he doesn’t know but can get that
information for the Board. The engineers rated the tower to 120 mph. Lisa Fearon noted the industrial code for towers is based on the ground elevation of where the tower is; the standard is 120 mph for this location as proposed. Gino noted that on bridge designs an engineer signs off; do we have an engineer sign off regarding this collapsible tower; the Hudson Design Group signed off with its engineer for the tower as designed. The members were reminded the plan doesn’t say the tower would collapse on itself; it says it has a potential fall zone of half its height. Chairman Benesh noted if the Board feels uncomfortable approving the fall zone it could ask the applicant to indemnify the town. Dave doesn’t think that’s needed. Lisa Fearon noted proof of insurance was turned in. Martha asked John at what wind speed would the mountain be closed and he noted once winds get to be 35 – 40 mph it becomes unsafe so they
start slowing the lift and then they will shut it down. There were no further questions from the Board members.
Chairman Benesh asked if there were any comments from abutters or members of the public; being none the Public Hearing was closed at 7:32 p.m.
The Zoning Board will now consider the request to waive the fall zone of 125% of the height of the tower. Gino Funicella will be the voting member. Dave Mason, seconded by Gino Funicella, made a motion to approve the waiver on the fall zone. The motion passed 4-0-1 (Walker, McAllister, Mason, Benesh in the affirmative, Funicella abstains).
There being no further business the Board adjourned at 7:36 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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