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Zoning Board of Adjustment Minutes 10-06-09
October 6, 2009 Meeting

Members & Staff Present:   Diane Chauncey (Staff)        Doug Crafts (Member)
Ron Haggett (Member)    John Giffin (Member)     John Kendall (Chair)           
Peter Moore (Planner)   Frank Scales (Member)                                                                                           
Members & Staff Absent:         Don Winchester (Alternate)  

Public Attendees:
Peter Burwen (Applicant)        
Dave Kirkpatrick (Iron Horse Audio)     Maureen Watts (Applicant)               
Constance Vandervort (Applicant)                Margaret Warner (Resident)
Ken Kozyra (KJK Wireless)               Paul Achterhof (Resident)
Doug Wilkins (Atty – AT&T)              Peter Stanhope (Stanhope Appraisal)
Shannon McManus (KJK Wireless)  Drew Lemay (Appraiser)
Louis Manias (Capital Appraisal)                Michael Pon (The Villager)
John Dunlap (Owner -22 High St)         Lyman Gilmore (Resident)
Tony Koban (Applicant)                  Bonnie Achterhof (Resident)

7:00 Review Session

Review Minutes of September 29, 2009
Review materials for meeting    

7:15 Public Meeting:  
Rehearing application of Mr. Peter Burwen, et al, for previous granting of Special Exception and Area Variances by ZBA to New Cingular (AT&T), dated July 14, 2009, for proposed telecommunications facility to be located at 22 High Street, Antrim, NH. Map 244, Lot 6 – Planning Department Case # 2009-01ZBA

Chair Kendall opened the meeting at 7:15pm and introduced the members of the Board. Chair Kendall asked Mr. Moore to read the Public Notice:  

Notice is hereby given that a Public Hearing will be held at 7:15 P.M., Tuesday, October 6, 2009 at the Antrim Town Hall concerning a REHEARING of the request by New Cingular Wireless PCS,LLC("AT&T") for a Special Exception pursuant to Article XIV-B(4)(a) and XIV-B(5)(d)(Personal Wireless Service Tower and Facility), Article XIII(General Requirements for Grant of a Special Exception) and Article XIX(B)(2)(Special Exceptions) Article I (General Provisions) of the Town of Antrim Zoning ordinance, NH RSA 12-k (Deployment of Wireless Service Facility) and the Telecommunications Act of 1996, New Cingular Wireless PCS,LLC ("AT&T") to construct and operate a ground mounted Personal Wireless Service Tower and Facility ("PWSF") at 22 High Street, Antrim, NH (Map244, Lot 6) in the Residential District.

And, following the approval of the above request a Public Hearing will continue with a REHEARING of the request by New Cingular Wireless PCS,LLC ("AT&T") pursuant to Article XIX(B)(3), NH RSA-674:33 and the Telecommunications Act of 1996, AT & T for  a Variance from Article XIV-B(6)(a)(4)(Ground-Mounted PWSFs) not to project higher than twenty feet (20') above Average Tree Canopy Height) and Article VI -C.(6)(b)(Minimum Lot Frontage of 200' for Non-residential Use in Residential District), and for any other zoning relief within the jurisdiction of the Board required to construct and operate a ground mounted PWSF to be located at 22 High Street, Antrim, NH (Map 244 , Lot 6) in the Residential District.

You are invited to appear in person or by agent or counsel to state reasons why you think this request should or should not be granted. Written concerns should be submitted to the Antrim Town Office prior to the meeting. The application and supporting documents are available for review at the Antrim Town Offices Monday through Thursday 8:00 A.M. to 4:00 P.M.
Diane Chauncey, Staff Planning Dept, Antrim Zoning Board of Adjustment

Mr. Moore stated that registered mail with the Public Notice above had been sent to 19 abutters and 40 regional impact towns. There had been no emails, phone calls, or comments at the counter  relative to the Public Notice.

Chair Kendall would like to bring to the record – all previously submitted documents to be entered into the record. Chair Kendall said that he would be turning the meeting to the Applicants. The meeting will end by 9:30. If the Applicants have presented all their new information to the Board, then the Public Hearing would begin. Chair Kendall asked Mr. Burwen, as representative for the Coalition of Abutters, to present his case for the rehearing.

Mr. Burwen began by stating the following:

1.      Wanted assurance that the proper variance criteria would be used*
2.      Presentations would be made concerning Appraisals and Noise
3.      Assurance that the Board had all necessary materials
4.      Assurance that the Town of East Kingston case had been submitted to the Board   
Mr. Burwen introduced Louis Manias of Capital Appraisal Associates, Inc. who had been asked by the Coalition of abutters to "determine whether the construction of a 100' height monopole tower located on Map 244 Lot 6 on the east side of High Street would have an impact on your property and others within you neighborhood as a result of the direct view and proximity of the tower".

Mr. Manias stated that he had been an independent appraiser for 23 years involved in both residential and commercial properties. (His report is available at Town Hall) His report involved multiple compared analyses and commentaries on the report done by Drew Lemay (independent appraiser for the ZBA) - with the conclusion that there would be a diminution in value of properties that have a Cell Tower in the neighborhood.

Mr. Manias asked for questions. There were no questions. (His report is available at Town Hall)

Mr. Burwen introduced Mr. Dave Kirkpatrick of Iron Horse Audio, who had been contracted on behalf of the Coalition, as an independent expert to examine and determine whether such a placement would create excessive noise in the neighborhood it is proposed, and because of this be otherwise injurious, obnoxious, offensive, and adversely affect the neighborhood. (His report is available at Town Hall)

Attorney Wilkins wanted to know if the 10-day rule still applied - as he had not received Kirkpatrick’s Noise Analysis report.

Mr. Moore stated that the Board could have 10 days to review the report, as could Atty. Wilkins.

Mr. Kirkpatrick reviewed his report to the ZBA and public attendees for an hour-long presentation. He had completed numerous sound samplings for his report. He found that the Maple Ave./High Street neighborhood is a very quiet area with a very quiet atmosphere – as low as 35 decibels. The Rte 202 traffic can be heard during the day. He mentioned that the crickets in the summer are 49 dbls; the Church bells are 50 dbls. Mr. Kirkpatrick said that the equipment to be installed would create a lot of noise, and would be out of context in the existing neighborhood, and would be offensive and obnoxious. The equipment cycling on and off at night would be disruptive and noticeable at night.

Mr. Kirkpatrick had taken sound measurements at PWSF facilities. He described the manner in which he had done the numbers. Once he had the numbers, it was a matter of plugging the numbers into the charts. He referred to page 9 – sound level comparisons. Even with two air conditioners that are the same model with the same frequency, they would not stay synchronized. The machines would resonate and vibrate. There would be a lot more noise generated than the neighborhood currently exists.

Mr. Kirkpatrick mentioned the perception of sound – is different for different people. He went through his report and chose topics that he thought would be important for the ZBA. He then asked if there were any questions from the Board.

Mr. Crafts asked Mr. Kirkpatrick for his credentials.

Mr. Kirkpatrick said that he had studied music production at the Berkeley School of Music. He had built a recording studio, and had been a sound technician in Boston.

Mr. Moore asked for a summary – 2 HVAC units would add up to what dba -  - 60  and 100’?

Mr. Kirkpatrick explained noise levels from different measurements.

Mr. Burwen asked Mr. Kirkpatrick to share the total number.

Mr. Kirkpatrick said that the total highest number was 88.
Chair Kendall asked if there were any further questions.

Chair Kendall addressed to both applicant and Attorney Wilkins – pertaining the noise issue. He said that he continued to be concerned with the noise level in a residential neighborhood – how would the air conditioning units sound. He wanted to have this question answered. He asked both Attorney Wilkins and Mr. Kirkpatrick if there was something that could be created to give the ZBA the actual sound.

Mr. Burwen said that a site walk would not give the actual sound if a Cell Tower were not in place. He explained perceived sound.

Chair Kendall wanted a site walk in order to hear the maximum sound to give the ZBA an understanding of the PWSF sound in then neighborhood.

Mr. Haggett asked how long one had to listen to a sound until it becomes background noise, like a cricket – like an operating tower?

Mr. Kirkpatrick said “never”. The units would cycle on and off, they are mechanical and abrupt – never like a cricket.

Chair Kendall said that he felt the ZBA needed and actual sound site walk to acknowledge the sound in the neighborhood. He felt that the noise had been overlooked.

Attorney Wilkins offered to perform a test that would simulate the operating tower

Mr. Burwen objected – he felt that the simulation would not be an accurate representation of the actual equipment.

Chair Kendall said that it might not be exact but that the simulation would be very important for the Board.

Attorney Wilkins said that a Board certified acoustical engineer that will give an accurate representation of the operating sound. He was trying to respond to what the ZBA wants to hear.

Chair Kendall overruled Mr. Burwen’s objection. He felt that he needed to hear the sound.

Mr. Kirkpatrick said that there were drawbacks to both. He could give some feedback.

Chair Kendall said that the ZBA would pay close attention.

Attorney Wilkins said that the sound would be representative of the proposed plans.

Chair Kendall asked that the simulation operate as the balloon test had been done. Permission from the land owners would be necessary.

It was determined to meet at 22 High Street on October 15, 2009 at 5:30. November 3 – Rain date

October 15 – start at 5:30pm and meet at 22 High Street needs - to be a dry day
        November 3 – rain date
Chair Kendall said the Board would listen at various places in the neighborhood.

Mr. Burwen requested that Mr. Kirkpatrick participate in the preparation.

The net date for the continuation of the Public Meeting will be October 20, 2009 at 7:00pm at the Town Hall.
Business Meeting:

Approve September 29, 2009 minutes  Mr. Haggett moved to approve the minutes as amended. Mr. Scales seconded the motion and the minutes were approved by all.

Reminder - OEP Annual Fall Planning & Zoning Conference - October 17, 2009
Any other business  None

At 9:50 pm, Mr.Haggett moved to adjourn the meeting. It was seconded by Mr. Crafts and approved.

Respectfully submitted,
Diane M. Chauncey
Planning Assistant, On Behalf of the Antrim Zoning Board of Adjustment

* Mr. Burwen asked that it be noted that the ZBA considered one incorrect sub-criteria under the “Hardship” criteria in their original decision to grant approval of the Area Variances, but that because the rehearing was granted to his group that the oversight no longer mattered.

Town of Antrim, NH P.O. Box 517, 66 Main Street Antrim, NH 03440
Phone: (603) 588-6785    Fax: (603) 588-2969    Monday - Thursday 8:00am - 4:00pm
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