Minutes of the Hancock Planning Board Meeting
July 7th, 2010
Members present: Tom Bates, Carolyn Boland, Steve Froling, Dan LaPlante (alt.), Roberta Nylander, Mark Stevens, Ellena Weston-Zimmerman, and Linda Coughlan, Recording Secretary
7:00 P.M. – Froling called the meeting to order. The minutes of the April 21st meeting were accepted as presented.
Froling referenced various items of correspondence that had come in since the last meeting. He said there was an application to DES by the town for work on the landing at Nubanusit as well as two issues of the LGC publication, Town & City for anyone interested in reading them.
Waivers for Subdivision Regulations and Site Plan Review:
Froling said at the Planning and Zoning Conference he had attended, the subject of granting waivers regarding subdivision and site plan review applications was discussed. Froling handed out copies of RSA 674:36 Subdivision Regulations and RSA 674:44 Site Plan Review Regulations for the Board to review. Froling said the RSA's state that regulations for subdivision and site plan review could include a provision for waivers for any portion of the regulations and that the planning board may only grant a waiver if it finds by majority vote that:
(1) Strict conformity would pose an unnecessary hardship to the applicant and waiver would not be contrary to the spirit and intent of the regulations; or
(2) Specific conditions relative to the site plan, or conditions of the land in such site plan, indicate that the waiver will properly carry out the spirit and intent of the regulations.
Froling noted that there are some allowances for in place in the regulations at the present time but in order to adopt the language covering waivers in the above mentioned RSA's, the board would need to hold a hearing. He asked the board to consider the language to take up at a later meeting.
Industrial Tower & Wireless –
Froling went on to say that Industrial Tower & Wireless has filed an application for a Telecommunications Conditional Use Permit and an application for Site Plan review on the property owned by Mathewson Properties. The hearing date is set for July 21st at 7:15.
Copies of the application booklets were distributed to the board for review. Froling said that John Champ from Industrial Tower & Wireless has been contacted informing him that the board will need a signed appointment by Mathewson Properties giving Industrial Tower & Wireless authority to act as their agent.
Froling advised the board of the federal statute that requires decisions be made on cell tower applications within 155 days (sic: the actual limit is 150 days) from the date the application was filed. He said that would give the board approximately 5 months. In preparation for the hearing, Froling asked the board to look over the application and to review the checklist for site plan review and for the telecommunication conditional use permit. He said this would assist in making their decision on whether the application as submitted was complete. He mentioned a reading file that he had compiled for the board that contained minutes of the Antrim Zoning Board cell tower hearings, guidance from OEP on how to handle cell tower applications and the prior application from Industrial Tower & Wireless. LaPlante said he would like to take the folder home to review. The folder will be available at the town office for board members after LaPlante has returned it.
Froling reviewed the procedure that he would like to follow for the hearing;
1) The applicant will come forward with his presentation.
2) The board will check for the authorization from the owner and look at the completeness of the application. The application doesn't have to be complete to be accepted, but it does have to be complete to be approved.
3) Address the issue of there being no tree canopy information.
4) Decide retention of radio frequency expert – which one to hire for height & coverage issues.
5) Discuss the balloon test & site visit and set the next hearing date.
6) Open the hearing to comments from the public.
Last year when the board had looked into finding a radio frequency expert, Froling said the board had narrowed the search down to three people, Mark Hutchins, David Maxson, and Ivan Pagacik. He passed out a draft of an email that he would like to send to the three candidates requesting their services. The board approved the draft email which Froling will send out.
There being no further business, the meeting adjourned at 7:45 P.M.