TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT
SEPTEMBER 5, 2012
7:00PM
Call to Order and Roll Call
Brooks McCandlish, Chair called the meeting to order at 7:00pm with Andrew Pinard, Denise Renk, Nancy McEachern, Bill Glennie, George Cilley, Alternate and Marge Cilley, Secretary present.
Review and Consideration of August 1, 2012 minutes:
Motion was made by Nancy McEachern to approve the minutes as presented. Seconded by Bill Glennie. Nancy McEachern advised at the bottom of page three, the motion was seconded by Nancy and the last name should be spelled McEachern.
Motion carried 5-0 with edit.
Bill Glennie Special Exception for adding a Porch:
Bill Glennie Speical Exception Application on Map 11, Lot 52 was acknowledged and signed and dated by the Chair and the Secretary.
Industrial Communication – Public Hearing-Map 6, Lot 103 – For Special Exception Application Approval-and Two Variances, Represented by Kevin Delaney, Kevin Fadden, Rick Boisy, and Steven Grill, Devine Millimet:
Kevin Delaney, Engineer introduced Rick Boisy, their in-house surveyor, and Kevin Fadden, Site Acquisition Specialist for this area, and Steven Grill, Devine Millimet.
Kevin spoke about the company, stating that Industrial Tower and Wireless is a Massachusetts based company that has been around since 1974. They are a wireless company that provides wireless communications to the public as well as a two way radio system. The enhanced two way radio system offers telephone interconnect to the public. Kevin brought in a sample two radio that goes onto the system. The type of concerns they sell to are plumbing companies, transportation companies, electrical companies, construction companies, people who use two way dispatch. Kevin advised they are a little different from many companies as they do everything in-house, from purchasing the land, (which they like to do to have control of the area) crews that put in the foundations for the towers, erection of the tower, tower climbers who install the antenna equipment, electricians as well as crews that clear the site. At this time Kevin did a visual presentation, showing the proposed location at 2345 off State route 114. A 180 foot tower is proposed with top mounted 15 foot antennas.
Kevin advised they are looking for Special Exception Approval and Two Variances.
Currently, the property is 41.4 acres which lies in the Residential Business and Residential Rural zones. They are looking to subdivide the property and carve out 6.7 acre parcel lot with the remainder 34.6 acre lot staying with the current owner.
There will be a 12 foot wide access road from Jones Road, which is approximately 1,380 feet and also, there is an alternate construction easement access through Valley Fire parking lot. Utilities will be running from Jones Road.
The size of the actual area is 75 X 80 feet and secured by an 8 foot chain link fence. There will be no lighting. The tower is designed to carry 5 of the major wireless carriers (co-locators) – Verizon, US Cellular, ATT, Sprint, T-Mobile.
Kevin advised they have provided space for the town Fire Department as well as the Police Department. Discussion ensued regarding the balloon sighting and where the tower can be seen from.
Steve Grill, Devine Millimet advised he has worked on various wireless companies with this type of application for over fifteen years now, throughout New Hampshire.
A good site is challenging with the local topography as well as trying to be a good neighbor and find out what the communities goals are. Mr. Grill advised they try to meet all Ordinances, however there are two that they are in need of variances for. Those being 1. The first is the variance from the 250 foot minimum frontage requirement. Therefore the request to subdivide the existing 41.4 acres, creating the 6.7 acre parcel onto which to place the tower. Jones road already has a curb cut, thus this section will not be changed.
2. The second part of the variance is the height restriction with a maximum of 20 feet above the average tree canopy. At what growth point is it a tree? They do try to minimize the height. It was calculated that the average tree height was 60 feet at the site.
There are no residential buildings. Kevin Delaney went on to say they tried to avoid visibility from Lake Massasecum, Bement Bridge and to build the tower so that it works.
Steve Grill went over the variance requests that must follow the criteria of the Zoning Ordinance and qualified their responses.
Brooks McCandlish, Chair asked the board for any questions. The Public was questioned for their input. George Cilley said do it. Mark Keith stated, yes, we need it.
There were no public comments against the cell tower application.
Mark Keith questioned if the access road was a snow mobile road. Keven Fadden advised yes, and he has been in touch with the Snow Mobile Club.
Denise Renk questioned how many other tower locations are being looked at in this area to which the reply was there are two others being talked with, one in Sutton and one in Newbury, but these have no bearing on this one, as this is independent.
Public input and discussion took place.
Question was asked by Nancy McEachern if the free emergency radio service, would the departments that use that service be switched to a different load of communication and what would the cost be. Mark Goldberg, Fire Chief advised they were already changing their radios and they will be remote capable. Brooks McCandlish, Chair questioned if the public safety would work on line of sight? Mark advised they have software and hopefully gain coverage. Mark also advised a D Block has just been dedicated to emergency services which is a much faster service allowing hospital contact while enroute with a patient. More questions and answers followed.
Andrew Pinard advised that the day the balloons were flown, he took photo’s from six or eight steps from where they were checking visibility from Bement Bridge, and he could see them.
Brooks McCandlish, Chair closed the Public Hearing.
Brooks McCandlish, Chair reiterated the facts that came out at the public hearing.
It was noted that two departments acknowledged receipt of information and responded.
If Bradford were to have an Industrial Area, it seems like this would be in this area, where several businesses are already located as suggested by Nancy McEachern.
Bill Glennie summarized that it is well below the required height limitation to the nearest ridge line and also that it is also considerably more than 125% of its height to the nearest residence.
Andrew questioned the interpretation of the nearest ridge line. Is it the ridge behind it? Conversation ensued.
Brooks McCandlish, Chair went through the following five criterions:
- The variance will not be contrary to the public interest.
Response from board was to accept.
- The spirit of the Bradford Zoning Ordinance is observed.
Response from board was to accept.
- Substantial justice is done.
Response from board was to accept.
- The value of surrounding properties will not be diminished.
Response from board was to accept.
- Owing to the special conditions of the property which distinguish it from other
properties in the area.
Response from board was to accept.
It was stated that the board is required to make a decision within twenty one days.
Andrew Pinard questioned the lack of public input. The actual Public Notice that was in the Intertown Record was read as well as being advised that it was posted in three places in town. This was also in the newspaper and posted in three places in town by the Planning Board.
Motion was made by Andrew Pinard to approve the Variance Application made by Industrial Communications – 2345 State Road, 114, Map 6, Lot 103 to reduce the lot frontage Seconded by Denise Renk. Motion carried 5-0.
Motion was made by Bill Glennie to approve the Variance Application made by Industrial Communications – 2345 State Road, 114, Map 6, Lot 103. for the height of tower above tree line. Seconded by Andrew Pinard. It was stated that all five criterion have been met. It was also stated that three positive votes are required to pass.
Motion carried 4-0. Andrew Pinard abstained.
The Variances have been granted, and a Notice of Decision will be forwarded to the applicant and all Department Heads.
It was also noted that any affected party has the right to appeal in 30 days; however the applicant does not have to wait 30 days to proceed per Brooks McCandlish, Chair.
Brooks McCandlish, Chair advised that since the Special Exception is part of the same project as the Variances, he would like to move forward with it at this time.
Andrew Pinard read that the language in the Ordinance specifically states that:
“New tower construction and co- location of wireless tele- communication facilities shall be permitted in all districts by Special Exception, subject to all applicable local state, federal regulations and site plan review and approval by the planning board…”
Steven Grill advised there appears to be considerable overlap, and addressed the eight questions of why does the proposal require an appeal to the Zoning Board of Adjustment.
There were no questions from the Board or public regarding the Special Exception.
Motion was made by Andrew Pinard to grant the Special Exception for Industrial Communications, located at 2345 State Route 114, behind Valley Fire Equipment, proposal to construct a 180 Foot wireless telecommunications lattice tower with fifteen foot antenna. Motion seconded by Bill Glennie. Motion carried 5-0, Unanimously.
Bill Glennie, 42 Massasecum Avenue, Map 11, Lot 52, Application for Special Exception – Adding a Porch:
Bill Glennie, a member of the Zoning Board of Adjustment recuesed himself.
Brooks McCandlish, Chair seated George Cilley, Alternate to take Mr. Glennie’s place on the board.
Bill Glennie has an Application for a Special Exception before the Zoning Board of Adjustment. It was noticed that the list of abutters, and all appropriate checks have been received.
Motion was made by Andrew Pinard to accept the Application for a Special Exception for Bill Glennie to add a porch on to his property at 42 Massasecum Avenue. A Public Hearing will be scheduled for the next Zoning Board of Adjustment meeting, October 3, 2012, and will be so posted . Seconded by George Cilley. Motion carried 5-0, Unanimously.
Andrew Pinard requested board members that do not require holding the binder from the previous applicants to turn them back in so they can be on file.
Bill Glennie Resignation Letter:
A resignation letter was received from Bill Glennie who will be unavailable for several months, after twelve years of participation with the board. This letter was also provided to the Planning Board and Selectmen.
Motion was made by Andrew Pinard to accept the resignation with great resignation.
Doug Webb, Lumber Barn did not appear at this meeting.
There being no other business to come before the board, meeting was adjourned at 9:15pm
Respectfully submitted,
Marjorie R. Cilley, Secretary