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Planning Board Minutes 08/06/2015
August 6, 2015
Public Hearing
Zeke & Mack’s
Case #2015-04PB
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)        Bob Holmes (Alternate)          Elsa Voelcker (Alternate)

Members Absent:   

Public attendance:    Tom Davis, Art Kaufman, Nancy Kaufman, Kevin Fadden, Shelley Nelkens, Steven Jones, Lisa and Kris Stewart, Andrew Robblee, Steven Grill

7:00PM  Public Meeting:

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

Mr. Condon started with Zeke and Mack’s are first on the agenda.

Mr. Condon asked the secretary to read the Public notice.

Mr. Condon asked for the report from the Planning Staff.

Ms. Ogilvie read and explained the report.

Ms. Ogilvie explained the background and the renewal process.  

The permit will expire in 2018 Dec 2017.  Tonight is simply a review of what they had done Ms. Stewart stated that 378 cubic yards has only been taken out.  

Mr. Condon stated there is no checklist because it is only a review and not a renewal.

He said the board can now decide if they will accept the  application.

Mr. Frosch made a motion to accept.  Mr. MacDonald seconded.  All were in favor.

Kris Stewart stated that they are paying for abutters being notified and he believes that the process of the Antrim planning board should be a public meeting for the update and not a Public Hearing.

Mr. Condon stated that there is an RSA change that states that they have to do a review every two years.

Mr. Condon said that the board is trying to make the process easy as possible for all.  

Kris said that the permit is good for when they own the land and the duration.  He believes that the alteration of terrain permit and they have invested that money.  He referred to Edmunds and said that they don’t have to come in and provide information about how much they have sold.

Ms. McEwen said that if the abutters came in and complained that they would have to do something about it.  The intent is not to revoke anything it is there only if there are any problems.

Ms. McEwen asked if it has to be called a public hearing.

Ms. Ogilvie said no but that is the amendment.

Mr. Condon wants added to the agenda looking into the amendment.

Mr. Genest asked that we have to ask them back for a review in two years and their application is up in 3.

Ms. Ogilvie said that they can extend it to a three year review.

Ms. Stewart said that the easiest thing for them would to co-inside the renewal process to the DES renewal.   

Mr. Lazar stated that the RSA prevented them from doing it.  But the Board will have a meeting on it and discuss it.  

Mr. Genest asked if the alteration of terrain is every 5 years.  

Ms. Stewart stated that the time has changed from every six years to every five.  

Abutters that wished to speak-

Mr. Davis spoke as an abutter and had no concerns.

Abutters that wished to speak against-No abutters spoke with any concerns.

No further comments.

Mr. Condon closed the meeting to public input.

Discussion if they want to have them come back in two or three years.

Ms. McEwen stated that it cannot be more than two years to the next review.

Ms. McEwen made a motion that the review is satisfactory and Zeke and Mack’s will return in two years (2017).

Ms. Cahoon seconded the motion.

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

Case #2015-03PB – ITW Cell Tower - Continued

Mr. Condon stated that we do not need to repeat the process from what we had done last meeting. He asked people to speak only with new information.

Mr. Grill got up and spoke he said that the appeal was denied and that issue closed.

ITW stated  revised plans for the lighting and the fire codes.

Drainage-Fieldstone stated that there would be no impact in drainage.  The Board Was given a revised version of page 2.

Mr. Grill reminded the Board that the height had been approved and was no longer on the table anymore.

Tower design…the board can have them do a tree or any other thing that the board wants

Mr. Grill stated that the setbacks do not apply because it is not a building.  .  

Mr. Condon went through Ms. Ogilvie’s response and read her staff report.  

Mr. Grill stated that they did not do the study on height because it is prohibited by law.  

Mr. Lazar is concerned about the property lines and the fall zone.

Mr. McEwen stated that the Board should look at each lot number.

Mr. Condon said that he wanted to get through the process and the Board seemed to be deliberating right now.

Mr. Grill said that Lot 1 is where the road starts and goes through 2and 3.

Mr. Grill stated that it was clear in the zoning application for the ZBA.

He mentioned a lot line adjustment and that they are willing to do it.  

Fall zone is mapped out and the owner is aware.

Mr. Condon said that the ZBA needs to correct their NOD from 87.1 & 87.4, to 87.1-87.4

Ms. McEwen asked ITW if they knew how many houses would be impacted.

Mr. Grill said that he does not have an exact number of how many places would be impacted.

Mr. Grill stated that it was an issue that the ZBA took up.  

Mr. Robblee said that neighbors said that do not want it camouflaged and property values have not been proven to decrease.

Ms. McEwen said that the traffic from Rte. 9 even decreases the value of homes.

There was more discussion and questions on height.

Ms. Ogilvie reiterated that height is off the table and reminded the Board of that.  

 Mr. Condon asked if there were any abutters wanted to speak in favor- None

Abutters against- None.

Any other interested parties-None.

Mr. Kaufman gave the board a picture in regards to what the balloon test looks like.

He showed a picture to the chair in regards to where the tower is visible.

Be referred to Jackman Shore and Breezy point.  .  

He stated that the ZBA advised people at the Public Hearings that the Planning Board can change the height.   

He asked the Board about lowering the height by adding one antenna.

He stated that he was concerned with real estate values.  

He stated that cell service is spotty but people can get cell service. He also stated that he would love to get rid of his land line but was not able to receive service at his house.

Mr. Kaufman stated that it is the location, height and color that also concerned him.  

Ms. Kaufman feels that the ZBA does not feel that the ZBA took in consideration how the residents feel about the cell tower.

Mr. Davis said that the lot line issue is real.  He feels that it will cause problems for the town down the road.  The ZBA felt that height can be adjusted.  A compromise in height would be much better.  He wants the board to help them make the tower inconspicuous. He stated that his neighbor can see the entire stem of the tower.  
Mr. Davis also stated that the visual impact is in the Planning Boards realm.  He would prefer the tower be camouflaged.

Mr. Condon asked if there were any additional comments and there were none.

Mr. Grill stated that at one point they had offered the ZBA to start with the 130 ft. and then expand it to the 150 ft. if need be.  He said that compromise can’t be made at this time and ITW is going to go with the decision of the ZBA.

Mr. Grill questioned the photo simulation that Mr. Kaufman presented to the Board.

Ms. McEwen asked if there is any consideration at all for a lower height.

Mr. Grill stated that he would have to talk to his client.

Mr. Kaufman inquired about another balloon test being done.

Mr. Grill said that it would be less visible in the summer than in April.

Mr. Condon closed the public hearing.


Mr. Condon wants the ZBA to amend the decision as far as the lot numbers are concerned.

Mr. Lazar stated that it is creating a non-conforming lot.  

 Mr. Robblee asked why it would make it a non-conforming lot.  He said that the lot is conforming and if need be the Planning Board could grant a waiver.  

Ms. Ogilvie stated that the property owner has the option of moving the lots.  Granting an easement would be an option.

Mr. Frosch said that if the property was sold a lot line adjustment would have to be done.

Mr. Condon said that a decision cannot be made tonight because the ZBA needs to hold a meeting to amend the NOD.

Ms. McEwen again asked Mr. Grill to go back and ask the client if they would be willing to reduce the height.

Mr. Grill stated it never hurts to ask.

Ms. McEwen wants to know if the board should request another balloon test.

Mr. Frosch does not think that it is necessary.

Ms. McEwen wants to do a site walk.

Ms. Ogilvie said a balloon test should not be discussed at this time in the process.

Ms. McEwen asked if the board could open the public hearing again

Ms. Ogilvie said she would not recommend it.  

Mr. Genest reiterated, if we do a site walk there will be no public questions, conversation or conversation.

Ms. Ogilvie agreed that would be the proper procedure to follow. .  

Mr. Frosch asked if there would be a public notice.

Ms. Ogilvie stated yes.  It is a meeting not a hearing and the public is not allowed to discuss with the board.  

Ms. McEwen made a motion for a site visit.  Ms. Cahoon seconded.
Mr. MacDonald stated that a site visit would be for the purpose of getting better information and clarification.

Roll Call Vote: MacDonald, yes; Cahoon, yes; Genest, yes; Condon, yes; Frosh, No; McEwen, yes; Lazar, yes.

August 27th at 6pm the Board will meet at the Town Hall for the site walk.

Continue to date certain at the meeting following.  September 3, 2015 at 7pm.  

Mr. Frosch made a motion to adjourn at 9:50pm. Seconded by Mr. Genest.  All were in favor.

Respectfully submitted,
Megan Osgood
Assistant to the Land Use Boards  



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