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Minutes of the Hancock Planning Board Meeting July 21, 2010
Members present: Tom Bates, Carolyn Boland, Steve Froling, Dan LaPlante (alt.), Rich LeFebvre, Roberta Nylander, Ellena Weston-Zimmerman, and Linda Coughlan, Recording Secretary
Others Attending: John Champ, Kevin Delaney, Richard Voci, and Tony Germanetto, from Industrial Tower & Wireless, John Jordan, Jon Grosjean, Chip Fredette from Verizon Wireless, Roberta LaPlante, Dave Anderson (Monadnock-Ledger Transcript), Karen Primiano, Sue Smith, John Hayes, Philip Mathewson, Liz Klein, Hailey Klein and George Kidd
7:00 P.M. – Froling called the meeting to order. The minutes of the July 7th meeting were accepted as presented after Froling noted that time limit in the federal statue for making a decision on cell tower application is 150 days, not 155.
7:15 P.M. – Froling called the hearing to order and introduced himself as chairman of the Planning Board. . He said the hearing was to consider a proposal of Industrial Tower and Wireless, LLC for a Telecommunications Conditional Use Permit and Site Plan Review relating to a telecommunications tower to be located on the corner of 160 Norway Hill and Rt. 202. The property is owned by Mathewson Properties, LLC which is on Tax Map R08, Lot 76A and is in the Rural and Agricultural District.
Froling thanked everyone for attending the hearing and explained the procedures that would be followed. He said this was a formal proceeding and the board needed to be mindful of federal legislation and communication rulings, FCC regulations, state statutes as well as Hancock regulations in making their decision. He asked that everyone be respectful of the rights of everyone as relevant information is presented to the board. Froling said everyone, abutters, the applicants and anyone else that appears would have a fair chance to speak over what will be several sessions. He noted the sign up sheet which he thought everyone had signed. Froling said the hearing is being recorded so it would be helpful to identity yourself when speaking and to come forward closer to the microphone.
Froling said a few formalities need to be covered first. He said the initial notice was published in the July 8th edition of the Ledger-Transcript, posted at the Post Office, Town Office and website. He added that Linda has sent notices to all abutters and return notices have been received. Froling asked John Champ if notices had gone to the abutting towns and Champs came forward with copies of the notices that had been sent. Champ also gave Froling a letter from Phil Mathewson giving Industrial Tower authorization to act on his representative. Froling also noted a letter from abutter Harold Phillips who said he could not attend the hearing, but wanted to make known that he was in favor of the proposed cell tower.
Froling said the first portion of the hearing would be a brief, preliminary presentation by the applicants. The board would then look at the completeness of the application. Froling noted that the board has 30 days to advise the applicants on the completeness of the application and 150 days to make a decision. They would also discuss technical matters; decide on retention of a radio frequency expert. set a date for the continued hearing and schedule a date for the balloon test and a site visit.
Applicant's testimony: Kevin Delaney, RF Engineer for Industrial Tower, came forward to begin the presentation that included various site plans. He said their company has been in business since 1974. Delaney said in their construction of cell towers, they do all of the work in house from clearing the site to the building of the towers. Delaney said they had been here in 2009 concerning a proposed cell tower on Norway Hill. They had found the site to be sensitive to the historic district and had decided to look for an alternative site. He said they are now proposing to build the tower at 160 Norway Hill on the property of Phil Mathewson. He noted on the site plan the existing driveway which they plan to use as access to the compound. Delaney said the plan was for a self-supporting monopole which wouldn't require lighting. The monopole would be set back in the center of the compound with an 8 foot chain link fence to prevent anyone getting in to the site. He said the tower would be set back 225 feet which meets the requirements of the town's ordinance. Delaney said the compound would be 75 feet by 85 feet. He said the site would have natural forest and foliage for cover. Delaney said the utilities would come off an existing pole to the site which would all be underground.
Delaney showed the propagation study which showed existing coverage and then the proposed coverage with the cell tower. He also showed examples of monopoles that they have constructed. Delaney said the tower would fill the existing gap in coverage that exists very well. It will not, he added, provide coverage to Main Street in town.
Chip Burdette from Verizon Wireless came forward to state that although it's not etched in stone yet, they are interested in this site to create a link between an existing tower on Crotched Mtn. and the monopole by the country club in Peterborough. He added unfortunately the coverage would not hit the Hancock proper, but it would at least give coverage to the folks on Norway Hill and on Rt.202.
The presentation concluded and Froling noted that the board would now begin their review of the completeness of the application. He said he had several preliminary questions that he would like to begin with.
The first question he said he would like to ask was is this going to involve a subdivision. Richard Voci answered the question by stating this was not an application for a subdivision. Froling asked Voci if they intended to do a subdivision. And Voci responded by stating that, after approval of the cell tower, they would come in with an application for a subdivision.
Froling brought up RSA 672:14 for discussion. He said under section IV. it states, "The rent, lease, development, or grant of an easement to a person for the purpose of placing and maintaining a wireless communications facility shall not be construed as a subdivision under this title and shall not be deem to create any new division of land for any other purpose." He asked the applicants to help him if they would, with the RSA which seems to use a definition which applies this exemption only where the structures are less than 500 square feet. Voci asked if this was from the town's subdivision regulations and Froling answered by saying no, it's a state statute. Voci said he thinks the intent is for the leasing of property, not for the purchase of said property. He said their intent is to purchase the property and they will apply for a subdivision once approval of the cell tower is given. Froling invited ITW to give this further consideration and address this issue.
Froling then noted that in the zoning ordinance, general conditions under Article 16 .1 Conditional Uses – General Conditions must also be met in order to grant a conditional use permit. He said he doesn't see anywhere that these conditions have been addressed in the application and they will need to be in order for the board to make a determination on the completeness of the application.
Froling also said that he is concerned that in the application regarding the height of the tower, there is no data of the visual or coverage effect for towers of heights less than 180 feet. Champ said that will be covered with the balloon test and Froling said that would be an issue that the RF engineer would address.
Froling said the applicants would also need to contact DPW Director Kurt Grassett concerning a town driveway permit even though there is an existing driveway. The quality of the driveway may need to be upgraded especially if there is a subdivision. The driveway requirements also require a service gate 14 feet wide and they will need a turnout area on the driveway for emergency services access.
At this point Froling asked if the public had and comments on the completeness of the application which they did not.
Dan LaPlante questioned whether they would need a fire pond or a hydrant on the property. Bates said under Life Safety Code 101 this would not be a requirement. There will be no one living on the compound with the tower.
Froling said they will also need to address storm water run off. Dan LaPlante said it looks like there are wetlands on the property and do they need to address wetland issues. Froling said if they are crossing wetlands, they will need to do so. Champ said they will not be crossing any wetlands.
Froling said they will also need a map indicating all cell towers in a 20 mile wide area.
Froling said they would need to cover soil erosion and sediment. Froling asked is they had any other sites under consideration in Hancock. Champ said no, they did not.
Froling asked the applicants if they would like him to prepare a letter that listed the issues covered tonight which they would need to do for the board's consideration of the application completeness. Champ said they would appreciate this. Froling said he would get the letter to the office and Linda will send it over to Champ.
The board next moved on to discuss the retention of a radio frequency consultant. Froling said he has received responses from the three individuals he had contacted, Mark Hutchins, David Maxson and Ivan Pagacik. At this point, Richard Voci addressed the board by saying that they feel that David Maxson would be biased based on a prior litigation matter concerning their company. Voci presented the board with a copy of a court decision and noted that the court had commented unfavorably on Maxson's testimony in that case. After discussion, Froling asked the board for their preference and their consensus was to hire Mark Hutchins. He noted in the letter from Hutchins that he was requesting a $5,000 escrow account be set up. Voci questioned what the $5,000 covered. After reviewing the letter from Hutchins, Voci said they were agreeable with $5,000 being set up in an escrow account.
Froling asked the board if they were in agreement that he send Hutchins a letter giving him the initial assignment of reviewing the application for completeness and following on with a review on RF coverage and related issues. Froling said he would also send Hutchins a copy of the letter reviewing completeness issues discussed tonight. The consensus of the board was for Froling to draft a letter to Hutchins which he would circulate for their review.
Froling asked the public if they had any comments on the retention of the radio frequency consultant. There were no public comments. The board next set up a date of August 12th at 8:00 a.m. for a balloon test and site visit at the Mathewson property. The notice will be published in the Ledger-Transcript and posted at the post office and town hall. It was also decided to resume the hearing to Wednesday, August 18th at 7: 15 P.M.
Froling asked the public if they had any comments. There were no public comments made and the hearing adjourned at 8:00 P.M.
After the hearing, Froling said he would circulate RSA 672:14 to the board. It was the consensus of the board that he draft a letter to Bart Mayer for clarification on the RSA in regards to subdivision and the proposed cell tower.
There being no further business, the meeting adjourned at 8:05 P.M.
Respectfully submitted,
Linda Coughlan Recording Secretary
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