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Zoning Board of Adjustment Minutes 10/27/09
October 27, 2009 Meeting

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

Public Attendees:
Peter Burwen (Applicant)                        Ben Pratt (Resident)
Dave Kirkpatrick (Eng Iron Horse Audio) Doug Wilkins (Attorney – AT&T)          
Shelly Nelkens (Resident)                       Shannon McManus (KJK Wireless-AT&T)
Wayne Green (“Truth”)                   Sherri Smythe-Green (Hancock resident)
Michael Pon (The Villager)                      Josh Bond (Ledger/ Transcript)
Lauren Kirkpatrick (Applicant)          Maureen Watts (Applicant)

7:00 Review Session

Review Minutes of October 20, 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 himself and the members of the Board. He appointed Mr. Winchester to sit for the absent Mr. Giffin. Chair Kendall said that this meeting and all subsequent meetings would be run differently. Chair Kendall said that he  was no longer going to allow one  person to monopolize the meeting and that he would give Mr. Burwen one and one half hour to finish his presentation, then questions from the Board, and then Attorney Wilkins would have an opportunity to speak. Chair Kendall explained that the meeting was a continued meeting and then asked Mr. Moore if any new information had been submitted.

Mr. Moore said that there were two new pieces of information:

1.  A letter by Leslie Bernardi that was read by Ms. Chauncey

2.  Speaker Test Report for AT&T Cell Tower Site

Attorney Wilkins did not wish to rebut this evening.

Mr. Burwen’s presentation continued. The outline for his presentation is in the September 24, 2009 "Rehearing #2009-01ZBA Cell Tower" booklet in the permanent file at the Town Hall. He read from the following documents – all of which are available at Town Hall.

No Unnecessary Hardship – Alternative Adequate Locations (9/24/2009 booklet)

KJK Wireless letter to Mrs. Smythe-Greene (Request for Rehearing -8/12/2009)

Mr. Burwen asked Sherri Smythe Green to speak. (She is from Hancock. AT&T (via KJK Wireless) had sent a letter requesting her property as a possible Cell Tower site.

Mrs. Green said that her large property would be a better site for a Cell Tower because the tower would be sited far away from her and her house. She said that the 22 High Street location would place the tower in people’s backyards. She said that it would be as if having a microwave in the yard would ruin the property values. She would like the Cell Tower on her property to save the people on High Street from the harm of antennas and it would not bother any of the properties on her street.

Chair Kendall said that he appreciated her concern but the case in front of him concerned 22 High Street and her proposal would not affect the Antrim case.

Mr. Burwen said that the alternative site is the point and that he did not want to see it squashed

Mr. Greene said that he had been credited with starting the cell phone industry right out of Peterborough. He is expert on radar and the higher the antenna the better. He had been warning his readers for many years – not to get too near the cell towers and cell phones. People can get tumors. The wattage is dangerous. People in the High Street area will start to get cancer. He has considered on these matters.

Mr. Burwen said that he realized that the Board can not deny the proposal based on health risks (TCC Act of 1996).

Mr. Burwen continued to discuss alternative sites. He said that Mrs. Green’s intent (to site the Cell Tower on her land) is from the heart, community, and neighbor-helping-neighbor.

Town of East Kingston denial of cell tower final decision

Chester Rod and Gun Club vs. The Town of Chester 10/06/2009 booklet)

Key Rebuttal Points to Remarks Made ZBA Minutes Excerpts 7/7/09
(9/24/ 2009 booklet)

Attorney Wilkin said he will save his words until next time.

Two continued meetings – November 10 and 17, 2009

Next meeting – Attorney Wilkins’ Rebuttal with the Noise Study; and then Public Hearing

Business Meeting:

Approve October 20  Mr. Haggett moved to approve the minutes as amended. Mr. Scales seconded the motion and the minutes were approved by all.

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

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

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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