Town of Warner – Planning Board

Meeting Minutes

January 4, 2010     7:00 PM

Warner Town Hall , Lower Level

 

Members Present:      Barbara Annis, Hank Duhamel, Ed Mical, Dan Watts, Paul Violette and Rick Davies

Members Arriving Late:  None

Members Excused:      None

Members Absent:       None

Alternates Present:    Peter Wyman, Harold French

Alternates Excused:   None

Alternates Absent:     None

Presiding:                    Barbara Annis

Open Meeting

Roll Call

 

Ms. Annis opened the meeting. The roll call was taken. Paul Violette and Rick Davies recused themselves and the two Alternates Mr. Wyman and Mr. French were asked to take their places.    

1. SITE PLAN REVIEW (CONTINUED FROM 11/2/09 AND 12/07/09 MEETING)

Applicants:  New Cingular Wireless/ SAI Communications/ATT Mobility

Property Owners:  Diane Violette

Property Location:  296 Kearsarge Mountain Road , Warner, NH

Map 14, Lot 36-1, R-2 Zoning

Description:  Site Plan Review for a wireless telecommunication facility.  The applicant proposes to modify the existing

AT&T/New Cingular Wireless communication facility by adding a platform at the 105-foot level

                        a. Review Application – Accept/Reject/Continue – Accepted 11/2/09

                        b. Close Meeting and Open Public Hearing – Public Hearing 11/2/09

                        c. Close Public Hearing and Re-Open Meeting – Public Hearing Closed 11/2/09

                        d. Action Taken – Approve/Disapprove  

A. REVIEW APPLICATION:

Ms. Annis explained Jonathan McNeal presented a new plan at last meeting therefore it was determined by the Board it would be necessary to go through the entire procedure again having a Public Hearing, reviewing the application and accepting the application.  

Ms. Annis asked if the Board had seen the Plans. A Board Member asked for a summary.  

Jonathan McNeal of SAI Communications explained the initial application was for a platform at the top of the exiting tower on Kearsarge Mountain Road with 6 antennas to be on the platform. After a company performed a structural analysis the company determined the Tower could not accommodate a platform on top of the tower, but could potentially entertain six antennas. Three antennas would be located on top of the tower and one on each of the three legs of the Tower at the same height as the existing antennas that AT&T has at the sight. The revised plans submitted to the Board reflect the three antennas on height limits attached to the Tower itself with no platform on new application.  

A Board Member asked is it is the same height as existing antenna which is approximately 105 feet. Mr. McNeal agreed.  

Ed Mical asked if the engineering analysis submitted indicated that the change would be permissible engineering wise on the tower with the new antennas.  

Mr. McNeal explained the structural engineering that was presented to the Board at the last hearing showed the needs an upgrade but it can accommodate the antennas with the upgrades. He stated that he has a letter from the engineering company certifying that with a couple of upgrades to the Tower which would need to be done before the installation it could accommodate the three antennas. He said basically it is upgrading a couple of the legs on the Tower. The structural analysis was done on the G standard, New Hampshire is currently on the F standard but TDS as their standard practice requires it done by the most recent engineering standards.  

Ms. Annis asked the Board if they had anymore questions. A Board Member questioned the location of the site on the map.  

Ms. Annis stated the first thing is to review the new application to determine whether we accept it or not, but before that can be done the Board needs to be sure the new plan complies with the checklist. Although the original one did the new one needs to be reviewed also.  

A short recess was called for the Board Members to have copies of 12/7/09 packet with the initial application made.  

Ms. Annis called the meeting back in session. It was confirmed everyone had the checklist for site plan. Ms. Annis asked three of the Board Members to review 1-9 on the checklist and the other table to review 10-19 on the checklist to be sure the plans are complete with the checklist. After reviewing the checklist Ms Annis asked if the application in the Board Members estimation is complete in section reviewing 1-9 on the checklist. A Board Member indicated they were okay. Ms. Annis asked the second section reviewing 10-19 and a Board Member stated they concluded the waivers that were requested in the not applicable points are correct and they meet with their review.  

Ms Annis stated a motion is in order to accept, reject or continue the application.  

A Board member MOVED to ACCEPT application, it was seconded. The Board unanimously voted to ACCEPT the motion.  

A Board Member MOVED to ACCEPT the waivers, it was seconded. There was no discussion. There was a unanimous vote to ACCEPT the waivers.  

B.  PUBLIC HEARING:  

Ms. Annis explained Abutters would be heard first then other interested parties. All questions or comments are to be directed to the Board and limited to two minutes, an individual cannot speak a second time until others have spoken once, and to please not repeat questions and comments.  

Ms. Annis asked if Abutters had any comments regarding the new proposed plan. Rick Davies questioned the height of the tower being extended to 105 feet and asked if it could be explained why it is not an extension but an adaptation. Mr. McNeal explained that basically a pipe would be attached to the Tower and then the antennas are extended above the height of the existing Tower as they are now with the antennas to the height of approximately 105 feet. He stated they are not extending the Tower itself the pipe basically needs to be attached for the antennas to be attached to it, because the antennas cannot be attached to the Tower itself. Mr. McNeal reinforced that the antennas will not be any higher than what is there now.  

The next question was if the propagation plan passed out at the December meeting was still the one proposed. Ms. Annis stated the only change she is aware of is the plan on the Tower to take off the platform and put on panels. Mr. McNeal explained the propagation plan is the same; the additional antennas are for additional capabilities and additional callers. The signal strength will be the same.  

Rick Davies asked if the antennas would be non-reflective so as to not catch the sun. The answer was yes the antennas would be non-reflective as most manufacturers design them that way now and there would be no problem if the Board wanted to put that in their decision.  

Ms. Annis asked if any other Abutter had questions or comments. Since there were no other Abutters it was asked if anyone in the Public would like to make a comment or ask a question.  

An audience member asked what was being waived and if a side by side photo was available of what it looks like now and what it would look like later. Mr. McNeal explained that a waiver was requested because no changes were being made other than the antennas; the equipment would still be within the same housing as originally. He explained no side by side picture is available due to the cost. Ms. Annis referenced a photo of the existing Tower and stated Mr. McNeal pointed out that there would not be much difference between what is there now and what is being proposed. Mr. McNeal agreed and stated there is a lower ray of six panel antennas on there now right below their antennas which would be three of the same type of antenna, therefore there will really not be much change in the appearance of the Tower.  

C.   CLOSE PUBLIC HEARING AND RE-OPEN MEETING  

Ms. Annis closed the Public Hearing and re-opened meeting. She asked for a decision to approve, disapprove, or approve with conditions.   

A motion was made to approve the application with the conditions that the antennas will be a non-reflective material and no increase in present height of the Tower.  

A Board Member MOVED to accept the motion with the two conditions, it was seconded.  

Ms. Annis opened discussion. Ed Mical asked for more information regarding the modifications that were in the letter submitted tonight. Mr. McNeal stated they are basically replacing the diagonal bars on the tower itself with stronger bars and reinforcing those. It is not an extension of the tower it is reinforcing the cross beams at the 20-40 foot level. There would be no increase in the width of the Tower. Ed Mical asked if the modifications would be submitted prior to installation of the antennas. Jonathan McNeal stated that the owner would not allow them to proceed until the modifications were done. Ms. Annis asked if Mr. Mical wanted modifications to be presented to the Board.  Mr. Mical stated he did not feel they needed to be presented to the Board but that an engineering certificate would be available showing the Tower modifications as described in the report dated January 4, 2010 .  

Hank Duhamel wanted to clarify the overall height of the existing Tower. Mr. McNeal stated that the height of the Tower is 100 feet and there are existing antennas on the Tower that bring it to approximately 105 feet. Mr. Duhamel asked if basically the configuration has not really changed and Mr. McNeal agreed.  

Ms. Annis stated the conditions of approval are:

                1. The site location on the cover sheet is to be corrected.

                2. Final structural analysis at time of applying for building permit.

                3. No increase in height of present Tower.

                4. Antennas to be non-reflective.  

A question was raised if the Tower were to be taken down or replaced would the original bond be enough to cover the changes being made. Ms. Annis stated there was no bond but she read an agreement dated November 3, 2003 stating the Town of Warner will receive the portion of the agreement between the property owner and TDS relating to the abandonment of the tower. It was agreed that this was still in effect and the Town would still be covered.   

D.   ACTION TAKEN:  

A Board member AMENDED the motion as such to the four conditions as stated above. The Board unanimously voted to ACCEPT the application with the four conditions:

1. The site location on the cover sheet is to be corrected.

                2. Final structural analysis at time of applying for building permit.

                3. No increase in height of present Tower.

                4. Antennas to be non-reflective.  

2.  AMENDMENTS TO ZONING CHANGES  

Paul Violette and Rick Davies returned to the table.  Ms. Annis stated that at the last meeting Amendments #1,#2,#3,#4, and #6 were done, however Amendment #5, #7 and #8 need to be determined how they will be written.    

A.    AMENDMENT #5  

It was agreed Amendment #5 would be discussed first. A short discussion was held. Ms. Annis thought the Board did not

have ample time to look into it and research it. Since a good point was brought up regarding structures she suggested

Postponing that entire section for a whole year to give the Board time to look up the definition of a structure, talk about it and

then see how it relates to the various parts in Zoning. It is not decided what the structure definition will be and will it be

applicable in all situations.    

Ms. Annis read a letter received in the office that stated:  

As a farm owner I suspect a fairly loose definition of structure as currently stated includes fencing whether decorative or

functional in nature. With that in mind there are some instances (INAUDIBLE) zoning where I feel replacing building with

building or structure can create an excessively tight restriction on fencing especially in the terms of frontage, lot and yard

requirements.  The Notice of Public Hearing did not itemize which of the designated references to building would be

changes; therefore please except as one citizens voice request that we not modify the section on front lot and yard

requirements. Ms. Annis stated that this is part of the definitions.  

Ms. Annis MOVED to postpone Amendment #5 until next year so the Board can have more time to discuss it. A Board member seconded the motion. The VOTE was unanimous.  

B.   AMENDMENT #6  

Ms. Annis stated Paul Violette MOVED in the previous meeting to leave the height at 45 feet, Hank Duhamel seconded the motion. Rick Davies MOVED to amend the ordinance to read 45 feet in Commercial and B1 Zones and 35 feet in all other districts, measuring roofs with over a 6/12 pitch at the midpoint. Paul seconded the amendment. Hank Duhamel had objection to the wording pertaining to “barns”. Paul then recommended excluding copulas from the total height. A VOTE was taken and all were in favor except for Hank.  

C.   AMENDMENT #7  

Are you in favor of the adoption of Amendment No. 7 as proposed by the Planning Board to amend the Zoning Ordinance as follows?   This proposed change was presented at a public hearing. 

 

 ARTICLE X  -  BUSINESS DISTRICT B-1  Section F:  Change the maximum gross floor area of buildings as permitted in this District and included in TABLE 1 of the use regulations from 2,000 square feet to 6,000 square feet and to read as follows:  

 “The maximum gross floor area of 6,000 square feet for new construction as permitted in Table 1 of the Use Regulations. Existing buildings may be expanded to include a total of 6,000 square feet.  Adequate parking must be provided”.

YES ____        NO ____  

RATIONALE:  The purpose of Amendment #7 is to provide for additional business opportunity and growth while maintaining reasonable building sizing and also to help address the parking needs of the B1 District.  

A discussion was held regarding sizes and dimensions of other buildings in the B1 District. Ms Annis stated that looking at the Use Table the uses permitted are quite different than in the Commercial District. She stated some things are absolutely not permitted in the Business District and other things need to have a special exception and that is not arbitrarily permitted.  

Hank Duhamel stated he was concerned that when you put the square foot down in writing and people read it if it is so small it is not even worth giving a proposal. Not knowing what might happen in the future he would like for the Town to have the opportunity to say no or what the applicant would need to comply with whether it be a waiver or whatever would be necessary.  

A short discussion was held regarding square footage and the verbiage used. Ms. Annis stated in her opinion most businesses in the Business District are not that big and to put something that is basically three times as large as the current businesses would be overwhelming. A Board Member stated that Foothills is about 5,000 square feet with the two floors.  

A Board Member asked Paul regarding the Rationale if people were actually asking for it to be 6,000 square feet. Paul said no not specifically but they would like to see more business opportunities. The Board Member agreed 2,000 square feet is a small area. It was agreed most buildings in the B-1 District are currently more than 2,000 square feet including all floors.  

A Board Member MOVED to change the 6,000 square feet in the two locations to 4,000 square feet in the amendment. It was seconded.  

A discussion was open for the 4,000 square feet in the B-1 District. A question was raised whether someone could get a larger building by special exception or variance. Ms. Annis said depending upon their reasoning they could apply for one.   

The Board members VOTED to present to the Public Hearing 4,000 square feet for new construction or expanded to a total of 4,000 square feet.  

D.  AMENDMENT #8  

To Amend #8 as follows to change from 20,000 to 80,000 multiple from 40,000 to 120,000 to read as follows:  

Are you in favor of the adoption of Amendment No. 8 as proposed by the Planning Board to amend the Zoning Ordinance as follows?  

 ARTICLE XI  -  COMMERCIAL DISTRICT C-1 section F: Change the maximum gross floor area of buildings as permitted in this District and included in TABLE 1 of the use regulations from 20,000 square feet to 80,000 square feet, and for multiple buildings from 40,000 square feet to 120,000 square feet. It shall read as follows:  

“The maximum gross floor area for buildings permitted in Table 1 of the Use Regulations shall be up to a maximum 80,000 square feet and shall compliment the historical design of existing buildings in Town.  Where more gross floor area is required, multiple buildings may be grouped on the same lot up to a maximum of 120,000 square feet. Adequate parking must be provided”.

                                                                                          YES ____        NO ___  

RATIONALE:  Amendment #8 is proposed to allow more flexibility for commercial growth within the existing C-1 and to help maintain a balance among all land uses in the town, while at the same time requiring a complimentary historical design approach.  

Ms. Annis opened Amendment #8 for discussion. Dan Watts voiced concern regarding the size of the building from the outside not just the inside since some business use only one floor and others may use multiple floors. He basically suggested using a small footprint for multiple buildings grouped on the same lot that would be small to replicate the Downtown area in the Commercial District. A short discussion was held regarding using a footprint and the amount of buildings allowed.  

Ms. Annis stated she asked Peter Wyman to come up with a number of scenarios; height vs. dimensions that would include 80,000 square feet in case something came up and the Board said maybe they did not mean that or yes that is what the Board meant. Dan Watts stated that is why a footprint would be helpful and to get rid of the gross floor area definition. After a short discussion regarding footprint vs. gross floor area it was agreed that making a minor change from reading gross area to read footprint might be a good idea.   

Following a lengthy discussion Paul Violette agreed with Dan Watts that the Board should consider doing more research and consideration and hold off another year on making a decision. A Board Member agreed since there has not been a lot of demand this coming year for a building larger than 20,000 square feet therefore he felt it would be fine to give it another year.  

Paul Violette MOVED to take Amendment 8 off the list for now. The motion was seconded.  The VOTE was unanimous to take Amendment 8 off the list for now.  

E.  DISCUSSION:  

Rick Davies MOVED to reconsider the current version of Amendment #6. This was seconded. It was unanimously agreed to reconsider. A concern regarding the height and pitch of a roof was brought up. A short discussion was held regarding the pitch and aesthetics of the roof regarding the total height of a building.  

Rick Davies MOVED to change Amendment 6 to read no structure will exceed 35 feet except 45 feet is allowed in C-1 and B-1 Districts unless approved by the Zoning Board of Adjustment and leaving the rest of the paragraph the same. The motion was seconded. Ms Annis stated this motion will supersede what was voted on earlier and will be posted in the newspaper to read:  

ARTICLE IV – GENERAL PROVISIONS section I. Height Regulations: 

No structure shall exceed 35 feet except 45 feet is allowed in Districts C-1 and B-1 unless approved by the Board of Adjustment.   

The Board VOTED unanimously to ACCEPT the motion. Discussion was closed on Articles.  

A Board Member asked if the public will have access to the information before voting in March. Paul Violette stated that between the Website and postings at various locations the public would have ample chance to review the information.  

3. SUBCOMMITTEE REPORTS

Ms. Annis announced that at the January 18, 2010 Work Session the Board will meet with Mike Tardiff, Vanessa Bitterman and Ruairi O’Mahony. The Public Hearing will start at 8:00 PM. Discussions will be held on Article VI and Article VII .  

4. COMMUNICATIONS AND MISCELLANEOUS  

Ms Annis stated the only communication received since the last meeting is the DES advisement in regards to Alan and LeAnn Wagner’s alteration of terrain permit being extended for five years WPS 8O12A. The amendment consists of a five year time extension.   

Ms. Annis stated she and Paul Violette would be meeting with Nick Coates and Joan Clinton from DOT in regards to EECBDG Grant. A Board Member asked if it was a 100% grant. Ms. Annis said the paperwork read The New Hampshire Office of Energy and Planning announces the availability of 6.6 million through the energy efficiency.  Each community would be eligible to receive funding up to 100% of the project cost with a limit of 400,000 per applicant. Ms. Annis stated the application is being released on January 8, 2010 and the Letter of Intent is January 15, 2010.  

5.  ADJOURN

 

A motion was made to adjourn; it was seconded and all agreed. The meeting was adjourned.