Town of New Boston
Zoning Board of Adjustment
Meeting Minutes
04/21/09
Members present: Chairman David Craig, Vice Chairman Harry Piper, Ed DiPietro, Greg Mattison, Phil Consolini, (voting), alternate Robert Todd, Clerk Laura Todd.
Chairman Craig opened the hearing at 7:10.
Minutes from 01/20/09 were accepted as written.
2009-2 Wilson Hill Road, Map/Lot 6/33, Applicant: New Cingular Wireless PCS, LLC (“AT&T”), property owner: Vista Road, LLC. Application presented by Atty. Douglas Wilkins of Anderson & Kreiger.
Chairman Craig explained the procedure he would follow for the hearing. Applicant presenting first, board asking questions, noticed abutters asking questions and then applicant response.
Atty. Wilkins presented the application, saying they were asking for two variances for the Wilson Hill Road property. One variance relative to the class 6 road, and the other to the height of the proposed tower of 100’, needing 10 – 20 additional feet above tree canopy. He said they had done a balloon test over the weekend (04/18/09). He then explained that both the Wilson Hill Road and Old Coach Road applications were needed to cover Rte 13. Copies of the abutters plan A-01 (boundary plan) (see file) were shown next, showing the end of the class 5 road and the beginning of the short distance of the class 6 road. He also pointed out the setbacks from the boundaries. Next, he pointed out the cleared access way and the 100’ area for the unmanned facility. A tree survey of the
average tree height showed 57 1/3’ was the average, therefore additional tower height would be needed.
Ed Dipietro asked how high the ridge was shown on the plan. It was not known.
Photos of the balloon test was presented to the board, which showed the balloon, then proposed tower, from several different locations. The first red balloon was at 80’, yellow was 90’ and top red was 100’. (see photos in file, labeled Chestnut Hill Rd)
Harry Piper questioned if these applications were all or nothing, meaning if one was not approved, would they abandon the other. Yes was the answer.
Dan Goulet, submitted a FCC safety specialist report to the board (see file). Mr. Goulet works in Manchester, NH and has been in the business since 1986. He explained the difficulty with coverage because of the terrain issues and density of trees. He then showed a plan with existing and proposed towers in the area.
Chairman Craig questioned if there would be dropped calls on Rte 13, in the two areas showing no coverage. Mr. Goulet said there was a gap of 100’ and if you are in a car, the call should hold. The second site would need additional coverage from out side of town, there is a possibility the call would hold.
Mr. Goulet told of three proposed sites in Francestown that might help with the coverage from Old Coach Road site. Also, a site in Mont Vernon has been approved.
Chairman Craig asked if there were other carrier agreements.
Mr. Goulet said there was a master lease agreement with US Cellular, Verizon, Sprint, etc., but At&T had not been approached about these proposed sites. He then went on to explain the different requirements of the cell phone companies.
Chairman Craig asked what is happening with the cell technology in general. Mr. Goulet said satellite coverage was too expensive and the cell tower was staying.
Robert Todd said the application does not address RSA 674:41II. Atty. Wilkins said if needed they would re-apply later.
Abutter Marti Wolf of 62 Popple Road, asked what a reasonable growth of a tree was. Robert Todd said one foot per year.
Marti Wolf said she was not notified of the balloon test and she was opposed to this application.
Planning Board Chairman Stuart Lewin, said the notices for the balloon test were in the Manchester Union Leader, posted around town and the last P.B. meeting had notified the audience it would happen. He went on to say the balloons could not be seen from Popple Road, and was more visible from Swanson Road.
Harry Piper asked if the tower needed to be silver. Atty. Wilkins said not it could be any color.
Stuart Lewin said the applicant still needed to come to the Planning Board for site plan review and the next meeting would be opened to public comment.
Chairman Craig suspended this portion of the hearing to move onto the Old Coach Road application.
2009-3, Old Coach Road, Map/Lot 8/132, Applicant: New Cingular Wireless PCS, LLC (“AT&T”), property owner: Thomas Lorden, application presented by Attorney Douglas Wilkins.
Discussion followed about the RSA 674:41 II, with Harry Piper stating he wants to vote on applications as submitted and not add RSA 674:41II, because it had not been noticed to the abutters or public.
Atty. Wilkins said this application needs three variances. One to allow access on the easement over land owned by SPNHF (the Lorden property is land locked), next relief from the requirement of the Steep Slopes Conservation District and finally the additional height to 100’. Atty. Wilkins explained the easement over the SPNHF would need very little improvement to get to the site. He then covered the abutter plan (boundary), tree count, average height 66.83’ (see file). Atty. Wilkins passed out visibility study (see file), FCC report (see file). He noted that the trees on this site are taller than the trees on Wilson Hill Road site.
Chairman Craig asked why they needed a variance from the steep slopes. Atty. Wilkins said to allow installation of vegetation screening on steep slope.
Harry Piper asked if the steep slope was part of the tower site. Yes.
Robert Todd noted that there was a discrepancy on the plan, the monopole and balloon shown were not in the correct location, but it would not affect the visibility.
Dan Goulet reviewed data bases, 30 meter data, clutter types, 30 meter clutter over 30 meter terrain. He explained how they measured data to show coverage.
Atty. Wilkins, said he wanted to lump the two application together to cover the criteria to support the variance(s). The towers are hidden well and would have no impact on surrounding properties. Not contrary to public interest, not particularly visible, but still will provide coverage. Hardship and suitablity of parcels, both sites are suited for coverage, the height variance is needed to give coverage, the steep slope to allow vegetation, fencing and a couple of electrical items. Substantial justice, give much needed service, not contrary because it is not a residential lot and the road will not lead to a home. (see file for complete support of ciriteria)
Discussion followed about RSA 674:41 II for Wilson Hill Road. Atty. Wilkins asked that the board vote on what was before them and not to include the RSA 674:41 II.
Chairman Craig added that the applicant would need to provide release of towns liability to maintain the road.
Marti Wolf said police and fire department would still need to respond to this site.
Chairman Craig closed the public portion of the hearing.
Greg Mattison made a motion to deny the application, he did not feel it met the second criteria. No second. Motion failed.
Harry Piper moved to approved all five variance applications. Two regarding access to sites, two regarding height of towers and one for the steep slope. 2nd by Phil.
Discussion followed about whether the applications should be voted on separately.
Chairman Craig called the vote on 2009-2, Wilson Hill Road application, and it passed unanimously. He then called the vote on 2009-3, Old Coach Road application and that passed unanimously.
The board voted to keep the officers the same, passed.
Motion to adjourn @ 9PM.
Respectfully submitted
Laura Todd
Approved 06/16/09
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