ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
September 14, 2006
MEMBERS PRESENT: CHAIRMAN PETER URBACH, VICE CHAIRMAN JAMES LYONS, RICHARD GUYER, ALTERNATES: ALEX KISH, SVEND FILBY, AND HARRY GAZELLE .
Don Weatherson , Robert Henry and Roger Landry , Zoning Administrator were absent.
The meeting was called to order at 7:05 P.M.
Alex Kish was designated to vote in place of Don Weatherson.
Svend Filby was designated to vote in place of Robert Henry.
MINUTES : The minutes of August 10 were reviewed. There were two corrections on page 2 in the second paragraph. The word Quarry in the first sentence relating to the name of the road was corrected. In the third line in the same paragraph, the word by was inserted between the words betrayed and what. Harry Gazelle made a motion to approve the minutes as corrected. James Lyons seconded the motion. All members were in favor.
PUBLIC HEAING: Case # 06-37. Myrtle Wiggins and Cello Partnership, DBA, Verizon Wireless. ( Agent). Map # 138. Lot # 37. Height Variance. Art. IV. 4:40 H (2).
Seeking the Height Variance from 70’ to 100’ to construct a Stealth Monopine Personal Wireless Service Tower and Facility. 15 Stagecoach Rd. Sunapee. The property is located
in the Rural Residential Zone. Attorney Carl W. Gehring presented the case. In Atty. Gehring’s cover letter to the Board, he explained the need for a higher tower so that there would be effective connections with surrounding sites to close the gaps in the current coverage of the Applicant’s wireless network. Sunapee’s Zoning Ordinance permits Personal wireless Service Facilities ( “PWSF’s” ) in all zoning districts subject to the Site Plan review of the Planning Board..
The applicant is proposing a multi-carrier facility to satisfy not only its own needs , but, the potential future for the needs of other wireless carriers in the region. Atty. Gehring introduced the following people who are specialist in their fields. Tom, White , Construction Manager, Chuck Webberly, Real Estate, Acquisitions. Donald L. Haes, PHD. CHP, Radiation Safety Specialist, Bob Bramely, Real Estate Appraiser, Mercy Luhanger, Engineer, Radio Frequency, and Drew LeMay, SMA Assesor. The above named people were present to answer any questions .
Atty. Gehring gave an overview of the complete project. A lot of work has gone into the plan. The applicants are bringing the best proposal for the area. The construction engineer would have liked a 190’ tower but that is not feasible.
ZBA MINUTES Page 2. 9 / 14 / 06.
The material that was presented on this case contains the following:
The area ( Height ) Variance application form
The Statement in support of Petition
Consent of Landowner & Permission to Walk the Land
Notice of Lease
Abutters List & Twenty Mile Radius Town List
FCC License and FAA Hazard Report
RF Report and Coverage Plots & 20 Mile Radius Sites
RF Emissions Compliance Report
Environmental Noise Impact Assessment
Photo Simulations and Site Plans and Elevation Drawing.
The applicant is proposing a tower that will require the least necessary relief. The height is the minimum necessary to close the gaps in the Verizon Wireless network coverage.
There will be a facility building at the base of the tower for equipment. There will be underground electric and phone connections. There will be a six foot high fence with barb wire on the top of the fence around the facility. The lot is 18 acres. It is heavily wooded. The lot is wider at the back. The land graduates upward and then drops off. The topography of the land allows the applicant to build a lower pole. It also allows the applicant to establish their landscape designs. They need a landscape buffer around the tower. They will be able to meet all the necessary setbacks on Lot # 37.
The design of the driveway to the site needs to be reworked and graded to have no more than a 20% grade and proper drainage measures will be shown on the final plans.
The applicant flew a balloon to show the height of the tower. Harry Gazelle asked about floating a balloon in the winter, They may need a waiver and this will be a Planning Board issue. Atty. Gehring had pictures and diagrams of the proposed tower and facilities. Letters were received from Sunapee Chief David Cahill and Road Agent Tony Bergeron on the importance of the proposed new tower. It will increase the Towns cell service to the Police Dept, Fire Dept, EMS and Highway Department. Each department uses Verizon cell phones.
Atty. Gehring than addressed the requirements of a Variance.
He went over the description of the proposed installation. He then described the personal wireless service facilities. The five requirements for the variance are. ( a.) No diminution in value of the surrounding properties would be suffered by the granting of the variance.(b). The granting of the permit would be a benefit to the public interest . (c). Denial of the permit would result in unnecessary hardship to the ( applicant). (d )By granting the permit, substantial justice will be done. (e). The use will not be contrary to the spirit of the ordinance. Each of the requirements were met and had factual responses to the conditions. Two independent appraisers gave testimony of their extensive surveys concerning this topic. The requirement under b will benefit Sunapee . Requirement c, concerning hardship has two
parts. 1. Whether an area variance is needed to enable the applicant’s proposed use of the property given the conditions of the property and 2. whether the benefit sought by the applicant can be achieved by some other method that is
ZBA MINUTES Page 3. 9 / 14 / 06.
reasonable feasible for the applicant to pursue , other than an area variance. The word reasonable was added referring to a Supreme Court Case New Hampshire in Boccia vs the City of Portsmouth. A height variance is necessary to allow the Applicant to place its antennas high enough to eliminate hardship. The second part of the hardship analysis is that there is no other reasonable feasible method for the applicant to propagate its RF signal from this location without the requested variance. The applicant had considered other locations but, were unsuccessful.in finding the required height, etc.
The (d) requirement of substantial justice would be done. A denial would prohibit the Applicant from providing its enhanced wireless coverage for the area . A denial would affect the residents and visitors and would affect the public safety and convenience of the users. (e). Approval of the height Variance to 100’ for the Personal Wireless Service Facilities will enable the applicant to achieve four goals. They are as follows: 1. “To permit carriers to locate personal wireless facilities in Sunapee , in compliance with the Telecommunications Act of 1996. “ 2. “ To enable wireless services to become available to the citizens of Sunapee. “ 3. “ To ensure the personal wireless service facilities are consistent with the towns’ land use policies and
goals and 4. “ To ensure that personal wireless service facilities are compatible with the rural setting and character of Sunapee, including its aesthetics and visual features. “
Dr. Donald L. Haes . a Radiation Safety Specialist spoke and submitted his report on his research. He stated that based on his extensive experience with personal wireless services faci;ities he has calculated that in his opinion, the proposed Verizon Wireless Services installation will comply with FCC RF emission requirements of the 1996 Telecommunications Act, and regulatory guidelines for RF exposure.
Andrew LeMay, has been a Assessor/ appraiser for thirty years. He is presently the Hopkinton assessor. He also submitted a report of his findings concerning whether or not a cellular tower would diminish the value of surrounding properties. He has examined properties near towers and a distance from towers in several towns and has not found any significant differences.
Susan Garceau was interested in the procedure for choosing a location for the proposed tower. The height of the property is considered. The tree coverage is considered. The longitude and latitude are considered. The availability of access to the tower is also considered. She asked if there would be any noise from the facilities building. There will be a generator in the building. There will be underground electric and telephone lines.
Eloise Licata –Gehr wanted to know about the access to the subject property. She also wanted to know the time table of the construction. It would be about 30 days.
Ron Garceau did not want trucks going through his property.
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Peter White was against the project in the beginning. However, Atty. Gehring has worked with him and the visual site has been minimized. There will also be a landscape buffer. There will be no logging. Peter White had a book entitled “ Cell Towers” Peter White was also concerned about the accessability of adventuress young people. The Tower will be secured.
Svend Filby asked about what the reception would be on the water. Atty Gehring said that the signal propagates well over the water. He also said they could have the architect address this issue. Svend also wanted to know if there would ever be an extension to the proposed tower. There will not be an extension to the height.
Alex Kish asked if there would be any clear cutting. on the property. There will not be any clear cutting.
The Chairman called for a short recess so that the people could look at the drawings and pictures. Then after this, the meeting was brought to order again.
The Public part of the Public Hearing closed at 9 P.M. Harry Gazelle is concerned about the landscape of Sunapee. He is also concerned about the view when the leaves fall. The subject property is heavily wooded with fur trees.
James Lyons made a motion a motion to approve the request of Myrtle Wiggins qnd Cello Partnership, DBA Verizon Wireless ( Agent). Case # 06-37. Map # 138. Lot # 37 for a Height Variance. Art. IV. 4:40 H (2). to increase the height from 70’ to 100’ to construct a Stealth Monopline Personal Wireless Service Tower Facility. 15 Stagecoach Rd. Sunapee Richard Guyer seconded the motion. There were five yes votes.
Respectfully submitted, Date approved:
Edythe C. Dexter, ZBA Secretary
ALTERNATES: ZONING BOARD OF ADJUSTMENT
ALEX KISH JAMES LYONS, VICE CHAIRMAN
SVEND FILBY PETER URBACH
HARRY GAZELLE DON WEATHERSON
RICHARD GUYER
ROBERT HENRY
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