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Planning Board Minutes 07/16/2015
July 16, 2015
Public Hearing
ITW/Robblee 2015-03PB

Members & Staff Present:        Megan Osgood (Land Use Assistant)       
Chris Condon (Chair)       Mike Genest (Ex-officio)       Jeanne Cahoon (Member)
Carol Ogilvie (Consultant Planner)      Michael Frosch (Member)
Elsa Voelcker (Alternate)       Steve MacDonald (Member)          Janet McEwen (Member)
Jesse Lazar (Vice-Chair)

Members Absent:   Bob Holmes (Alternate)   Elsa Voelcker (Alternate)

Public attendance:  Diane Chauncey   Attorney Grill  Kevin Fadden   Kevin Delany   Shelley Nelkens   Chuck Nystrom   Frank Bennett   Kathy Bennett   Joyce Davis   Tom Davis   Art Kaufman   Nancy Kaufman   Rob Odell   Cynthia Crockett   Leslie Zebrowitz   Bev Weymouth  Chris Raunsley

7:00PM  Public Meeting:

At 7:00pm, Chair Condon opened the meeting and introduced the Board Members.

Chair Condon read Mr. Davis’ letter that referred to 676:6 Effect of Appeal to Board.

Chair Condon read Town Counsels response to Mr. Davis’ concerns.

Chair Condon asked the secretary to read the Public Notice.

He asked the Secretary if the notice of the hearing was advertised in the newspaper.

The secretary stated yes, it was advertised in the Villager on June 26, 2015.

Chair Condon asked the Secretary if abutters were notified and the results of the responses.

The Secretary stated that all 11 abutters were notified and there was one response letter from Irene Dutra in favor of the cell tower.

Ms. Ogilvie stated that the application was complete and did not feel the need for a staff review.

Chair Condon then continued with the line by line review of the check list.

Chair Condon started with item 7 of the application.  

Chair Condon went through all Items that were listed NA and waived on the application.

Number 36 waived because (see note) lighting will be on motion detectors and shielded.  See page 9.

Number 41 waived- minimum clearing because there will be an existing driveway.

Number 44 waived- existing tree buffers.

Mr. Condon said that he would accept a motion to accept the application as complete.

Mr. Lazar commented that his only concerns would be with number 36 and 41 and asked if they accept the application, can they go back and question or get more information about the drainage and lighting.

Ms. Ogilvie stated that a vote for an acceptance states that it does not preclude the Board to not change any of the lighting, drainage, or anything else.

She stated that that they could waive those requirements.

Vote to accept or vote to subject all waived items.  

 Mr. Lazar made a motion to accept the motion, subject to the request for additional information on all waived items if the board sees fit.  Ms. McEwen seconded. All were in Favor.

Roll Call Vote: McEwen, yes; Cahoon, yes; Genest, yes; Condon, yes; MacDonald, yes; Frosch, yes.

The application was accepted as complete.

Public Meeting was opened.

Chair Condon asked the applicant to make their presentation.

Mr. Grill representing (ITW) got up and spoke and introduced Kevin Delany and Kevin Fadden.  

Mr. Grill stated that ITW was okay with the Board ‘tabling” the process until the appeal with the ZBA was either accepted or denied.

The Board decided to continue with the presentation.

Mr. Grill referenced Article VII B-6 Dimensional Criteria.

Mr. Grill continued speaking on cell towers and that no one wants to really see them but he also stated that the ordinance requires a special exception.  He stated that he was confused that his clients needed to do a full site plan review.  He stated that it
met the full requirements under their site plan review.  

Mr. Grill also stated that he was concerned and wanted the Boards to advise.  

Ms. McEwen wanted an overview of the project.

The Board decided to continue.  

Kevin Delany spoke and asked the Board to start with tab 2 and explained the driveway and the utilities.

He stated that the lease area is 100ft by 100ft area.

The compound itself is going to be 80ft by 80ft.

There will be a 300 ft. radius that surrounds the site.

He described the monopole tower.  It should accommodate five wireless towers.

The public interrupted and expressed concern that they did not have the information.

Janet makes a motion to suspend the Public Hearing. Ms. Cahoon seconds.

Further discussion ensued.

Ms. McEwen wants to withdraw her motion.

Mr. Grill objects to the comments by the public and ask the chair to control them.

Mr. Condon stated that we the audience should keep refrain from making any comments at this time.

Mr. Delany spoke again explaining the driveway.

He stated that it is all underground utilities.

He explained the lighting and said there will be no lighting on top of the tower.   Lighting will be in a 12x20 shelter and will be shielded.   

Mr. Delany gave background on ITW.

He spoke about how everything is done in house by ITW.  

He asked the board if they had any questions.

Ms. McEwen asked how far the monopole would be above the tree canopy.

Mr. Delany stated that they estimate the trees at 80-90ft, so the tower would be approximately 60ft above the trees.

Ms. McEwen asked if only the monopole would be visible from the road.  Mr. Delany stated yes.

Mr. Condon asked Mr. Lazar if he was satisfied with the explanation about the lighting.  

Mr. Lazar wanted the lighting plan to say that the structure will have lighting.

The Board believes that the lighting plan should not be waived and there should be a lighting plan description.   

Mr. Lazar also thought that the drainage should be discussed.   He stated that an issue with drainage is a concern for him.

Mr. MacDonald questioned #47of the application asked about the fire safety.

Mr. Delany said that the structure is concreate and steel and the fire chief would have a key to access the structure.

Mr. Condon asked for further questions from the board.

Ms. McEwen asked about what type of sound would come from the structure.  Mr. Delany stated that the generators and HVAC units and there would be no sound past 300 feet from the structure.

Mr. Raunsley spoke and stated that he was in opposition.  He feels that tabling the motion would have been appropriate.

Tom Davis wondered what size the shelters were.  
How big is the pole and how are they going to get it up there?
Is there a two year buildout?
What are the property lines?

Ms. Ogilvie would need to look at the property lines.  

Ms. Ogilvie stated that the ZBA approval will be for two years. It needs to be exercised within those two years.

Cynthia Crocket stated that she also did not feel that it was appropriate to continue the Planning Board Meeting and spoke in opposition of the tower.  

Chuck Nystrom got up and spoke as an abutter (he is not an abutter)  he is from FPA and said that FPA rescinds the first letter they wrote to the ZBA and are now in opposition.  

Mr. Kaufman got up and spoke as an abutter (he is not an abutter).  He asked the Board to look at the pictures he submitted in his appeal.  He stated that the cell tower will be very visible.  He spoke in opposition.

Mr. O’Dell spoke and said there is no cell serve past diamond acres and by the lake there is no cell service.  He said if there is a better place for it to be placed then it should be looked at.

Mr. Bennett spoke in opposition of the cell tower and said the tower is in his front yard.  He feels like there should be a better place for it to go and felt that the coverage area was not very wide of an area.  

Ms. Weymouth spoke and said that it was only going to get limited coverage and is not against cell towers but believes that it is not an appropriate place.  She feels that the tower will service people better somewhere else.  

Ms. Nelkens spoke and asked about the height being less than 150ft. and questioned the offer that was made by ITW for the tower to be less in height.

Nancy Kaufman asked if regional impact was being taken in consideration.  She also asked if the Town of Hillsboro has any influence in the decision.

Mr. Condon stated that like anyone else other towns are able to express their opinion but have no standing.  

Carol spoke and stated that all abutting towns are notified and have no additional standing.  There is a provision in the law and a checklist.  Basically, no other towns have any standing.

Ms. Kaufman stated that Mr. Haggett said that the planning board could change the height.

Mr. Lazar stated that the Planning Board cannot change the height.

Mr. Grill addressed some facts that were made.  He referenced an article about an accident in the paper in regards to an accident that happened on Rt. 9 on June 22, 2015 involving a Deering man.   

He also stated that there will be a cell tower in Stoddard.

Mr. Grill also commented about it being the best location and he stated that Mr. Davis’ property did not work.  Also, ITW did an RF study that is available to all.

Ms. McEwen asked about the propagation study.

Mr. Grill responded that they were just giving the Board an overview.

 Chair Condon asked for further comments from abutters.

Ms. Nelkens asked if they had looked at other sites and she wanted to know about the Hawthorn site.   

Mr. Grill stated that the water tower would not work and it was listed on the national register of historic places.  They also had not been able to locate the owners.

Mr. Davis stated that he has an active lease on his property.

Chair Condon stated that at this time he is closing the public hearing and tabling it to be continued to a time and date certain.  

No motion needed.

No deliberation.

Continued to the next scheduled meeting.  August 6th, 2015 meeting.

Ms. McEwen moved to adjourn the meeting at 8:57pm:  Ms. Cahoon seconded.  All agreed to adjourn the meeting.

Respectfully submitted,
Megan Osgood
Assistant to the Land Use Boards  


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