TOWN OF NEW BOSTON
ZONING BOARD OF ADJUSTMENT
MINUTES 11/17/09
Approved 12/15/09
Members present: Chairman David Craig, Vice Chairman Harry Piper, Ed DiPietro, Greg Mattison, Phil Consolini (all voting) alternate Robert Todd, Laura Todd, clerk.
The meeting was called to order @ 7:03PM. Minutes from the 10/20/09 meeting were approved as written.
2009-12 VISTA ROAD, LLC application for a Use Variance, on Wilson Hill Road.
B. Todd asked who signed this application. Vincent Iacozzi did.
Mike Dahlberg, surveyor presented the application with Sandra Martel of Vista Road, LLC, assisting. AT&T now wants to own, not lease the property where the cell tower is to be installed. The site plan presented showed a 5.089-acre piece divided out of the original 139.4-acre lot. An access issue is the frontage on a class VI road. They are not changing the location of the tower or anything else, just ownership.
It was explained that the lot was designed with the fall zone in mind. Fall zone is the term used if the tower falls it will stay within the zone allowed.
Vista Road, LLC owns the whole 139.4-acre lot now and wishes to sell the 5-acres to AT&T, making the title much cleaner on the remaining 134.4 acres. There is a 99-year lease in place, which will remain with or without the approval of this use variance.
The New Boston Planning Board said a use variance is needed before they would consider the subdivision of this property.
There was discussion on the frontage on the class V road, (230’) and the fact that a house on map/lot 6/37 would share the class VI portion of the road.
Dave Craig stated when AT&T, previously applied for a use variance, this board voted to allow the building inspector to grant a building permit on the class VI. We are now being asked to allow a subdivision on this class VI road.
Mr. Dahlberg explained the only way to access this location is over the class VI road, because of wetland near the class V portion.
Bob Todd asked if there is cooperation with the neighbor who shares the class VI road, and was told yes.
A building note, required by the planning board, is on the plan stating if anything else is done with the 5 acres, the owner will have to come back to the zoning/planning boards
There was discussion on how this would affect Vista Road, LLC, why a subdivision is needed and where is the hardship. It was also noted, again that this cell tower would happen without this variance.
Mr. Dahlberg went through the five criteria to support the application. *Please, note that the verbal criteria and the criteria listed on the application are not exactly the same.
1. We’re not here for the cell tower – the tower has been approved – the abutters that would be most effected are not here - this will not effect property values at all – AT&T will maintain the road.
2. The cell tower is a positive addition in this section of town and will provide necessary communication - there will be an increased tax base with the land coming out of current use and be more revenue to the town.
3. Given the fact the need, a cell tower will be there – the town is interested in buying the remaining area – this will provide a cleaner title – lending laws, title examination, etc are more difficult.
a. The technical point of not being able to subdivision, due to the property being on a class VI road.
b. There is a release of liability with the town made by AT&T – the variance will
not effect public access or property rights – again AT&T will plow the road.
c. No verbal answer – see application
4. With the variance, the owner can sell the property with out it being encumbered.
5. The cell tower has already been approved.
Abutters Mr. & Mrs. Paul Fisher, map/lot6/25-2, of 21 Timberlane Road, Hampstead, NH. Spoke saying they were attending the hearing because they just wanted to know what was happening. They had no problem with the application.
No other abutters were present.
Chairman Craig said that if you need a variance to subdivide you must meet all the requirements. He was not sure the hardship has been met on this application. AT&T can build their tower, just AT&T prefers to own and Vista Road, LLC prefers to sell.
Vice Chairman Piper said this is a monetary hardship, the restriction on the land is not being changed, the use of the cell tower is already approved, and the only change is ownership.
Greg Mattison said we would take a dim view of an application to subdivide for any other reason.
Discussion followed regarding variance law, it has to mean something, other than economic hardship.
Sandra Martel informed the board that the town was interested in purchasing the remaining lot. In addition, there was an issue with difficulty in financing without the subdivision.
Vice Chaiman Piper moved to deny the application for lack of hardship that could be defended. Monetary hardship is not justifiable. motion 2nd by Ed DiPietro, passed unanimously.
Vice Chairman Piper moved to adjourn at 8:30PM. 2nd by Phil Consolini.
Respectfully Submitted
Laura Todd
11/18/09
Approved 12/15/09
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