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Town of Meeting Minutes Members Present:
Barbara Annis, Paul Violette, David Hartman, Hank Duhamel, Rick
Davies, Members Excused:
Ed Mical Members Absent:
None Alternates Present:
Peter
Wyman Alternates Excused:
None Alternates Absent:
Harold French Presiding:
Barbara Annis Recording:
Meg Whittemore & Mary Whalen Open Meeting at Roll Call Ms. Annis opened the meeting at Mical. 1.
Applicants: New Cingular Wireless/ Property Owners: Diane Violette Property Location: 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
b.
Close Meeting and Open Public Hearing – Public Hearing c.
Close Public Hearing and Re-Open Meeting – Public
Hearing Closed d.
Action Taken – Approve/Disapprove Mr. Davies recused himself from the board and sat in the audience.
Ms. Annis recognized Jonathan McNeal, real estate consultant from
Mr. McNeal said that the new proposal does not extend the tower itself;
rather this new configuration is basically similar to the configuration
that is there now. The
current whip antennas are attached to the tower now.
He said at the last meeting there was some issue about whether
the proposed extension would trigger the wireless communications
ordinance—the view shed, the canopy, and the 100 feet below the
nearest ridge line. He said
this new configuration doesn’t trigger that kind of analysis. The Board reviewed the new plans. Mr.
McNeal apologized for the late submission, stating he just received the
new plans that day. Mr. Wyman asked about the height. Mr.
McNeal said he looked at the center line because there was some
confusion about it on his part as well.
He said the previous decision was for a 10 foot whip antenna on
top of a 99 foot tower. What we are proposing is a center line of 105
feet which would not increase the total height beyond its current size. Ms. Annis referred to the picture that Mr. McNeal submitted and asked
him to identify the two whip antennas to be removed. Mr. Duhamel asked how much the new antennas will improve the signal.
Mr. McNeal said it improves the quality of the signal so there is
a larger area that has a better signal, however it doesn’t improve the
distance, or how the signal carries.
He said the signal is being carried as far as it can right now.
Mr. McNeal said the quality of the signal means it’s a signal
that will better reach users in their homes and in their cars. Ms. Annis asked for further questions.
She asked the Board the following: The Board did the Public
Hearing for this case last month and had some input from the public, the
Public Hearing was closed and re-opened but the Board was seeking more
information. The information
sought is now in the Board’s hands.
She asked if there was any reason for the Board to reopen the
Public Hearing and asked for any abutters in the audience to speak. Mr. Wyman asked if there was a substantial change made to the original
plan. Ms. Annis said yes,
Mr. McNeal is eliminating the platform.
Ms. Annis said the Board was in agreement that the Public Hearing
should be re-opened because of the elimination of the platform.
Ms. Annis opened the Public Hearing and asked for any abutters in
the audience to speak. Mr. Davies requested a point of order, as an abutter.
He said this is new information and should be posted 15 day prior
to a Public Hearing and this information was not posted as of this
morning. He said he asked
the Land Use Secretary if any new information had come in on the case
and the answer was no. He
said the proper procedure was to past a Notice prior to a Public
Hearing. Another abutter, Ms. O’Neal, asked about the size of the new panels.
Mr. McNeal said they are 55 inches high, 11 inches wide and 5
inches deep. Mr. Davies said that since the new plan calls for a completely different
kind of antenna the abutters and the public should have an opportunity
to be notified of this change in the original plan. Ms. Annis called for further comments.
There being none, she closed the Public Hearing and reopened the
meeting. Mr. Hartman asked about the rule governing publishing a Public Hearing
that the Board just had. Ms.
Annis said that, theoretically, the Board shouldn’t have had
it. Mr. Hartman said he
feels uncomfortable having had the Public Hearing without having had the
proper notice. He said the
Board should have a Public Hearing that is properly noticed and that is
legally defensible. Ms.
Annis said they did have a continuation.
Recording: Mary Whalen Ms. Annis said theoretically the Board should not have taken public
comments; it was done as a courtesy.
Dan Watts said in the original submittal it does say that ATT was
planning to replace the whipping as panel type antennas.
The question than came up last month at the Public Hearing was
will the paneling antennas be mounted on the original structure, or will
they be mounted just as themselves.
That’s why the Planning Board asked for more information.
And the answer is just by themselves.
Mr. Watts said he does not feel the information before them this
evening is different from the last meeting. Someone said there are fewer panels now where before there would have
been more. Dan Watts said it was dependent upon whether or not the structure there
would support the weight. In
the Public Hearing they didn’t know what we didn’t know; now we know
it wouldn’t support it so they had to go with just the antennas. Hank Duhamel said the use of cell phones is so important for
emergencies; it’s no longer land lines.
Probably 70-80% of people are using cell phone technology.
If there is a slight improvement to it without seeing any major
changes, probably from the ground most people would not be able to
detect any difference. He
also said small town politics starts getting critical.
If there is another ice storm with 5 days of lost power somebody
may need to rely on a cell phone for emergency help; those are the
issues that should be taken into consideration.
Dan Watts noted that the Town Hall and Fire Station will now have better
coverage with this installation. Ms. Annis asked the Board’s desire.
Does the Board wish to continue this again or does the Board wish
to take action this evening. Hank Duhamel – take action Dan Watts – take action David Hartman said as a matter of procedure a Public Hearing is not
opened without proper notification. Paul Violette said we didn’t have a Public Hearing; the phrase
shouldn’t have been used. Mr.
Violette said the Planning Board asked for the information regarding
engineering and structural capabilities.
However, he does not feel there would be any damage if the
meeting is pushed out another month.
Mr. Violette said he would consider holding off for another month
for proper noticing. Peter Wyman is concerned that the Planning Board is going against
procedure if action is taken this evening.
The public did see the panels at the last meeting, if anything
the amount of panels has been reduced. Ms. Annis asked Mr. McNeal if there would be a hardship if he was to
come before the Board next month. Mr.
McNeal said he has no objections to coming back in January 2010 and he
asked if the Planning Board needed any additional information.
There was no answer. David Hartman moved to continue
to the January 2010 meeting. Paul
Violette seconded the motion; all were in favor, the motion passed. Ms. Annis stated there will be no Public Hearing next month. Rick Davies said point of order, the question was about having a Public
Hearing next month because of the new information.
Ms. Annis said no, it wasn’t having a Public Hearing next
month. The point of order
was the fact information was not available and posted upstairs for
people to see. Ms. Annis
said she would obtain legal opinion. Mr. Davies returned to the Planning Board.
2.
LOT
Applicants/Property Owners: David Herrick, Warner Aggregates, Denis and
Mary Ellen Hamilton and Tobias Nickerson Agent: Aaron Wechsler, Property Location: Route 103 East, Warner, NH, Map 3 Lots 51-2 and 58,
C1 Zoning Description: Minor Subdivision of Map 3 Lot 51-2 into two lots and Lot
Line Adjustment between Map 3, new proposed Ms. Annis stated this change was posted. The Agent said essentially it’s the same plan.
The only property line adjusted is next to the cemetery. Ms. Annis reviewed the plan and compared.
The Agent explained the change to the other Board members. Ms. Annis said the application is a minor subdivision and lot line
adjustment. The Board
addressed the and had a Public Hearing on the minor subdivision as well
as approving the minor subdivision last month with the lot line
adjustment coming before the Board this month.
Ms. Annis asked if the Planning Board should re-open a Public
Hearing on the lot line adjustment.
The Board members decided to proceed with the lot line adjustment
without re-opening a Public Hearing. The Board proceeded to review the submitted plan for the lot line
adjustment. It was noted
that the lots have the same lot numbers.
The Agent will have the mylar corrected Paul Violette moved to accept the
plan. Motion was
seconded. Ms. Annis asked if
there is any further discussion on accepting the lot line adjustment.
David Hartman said the tax map numbers need to be corrected in
the title block as well. Ms.
Annis called for the motion; all were in favor, the motion passed. Ms. Annis asked the Board members if it is necessary to have a Public
Hearing on the lot line adjustment that was also discussed last month.
Members unanimously said no. Paul Violette moved to approve
the lot line adjustment with corrections as stated.
Peter Wyman seconded the motion; all were in favor, the motion
passed. 3.
MINOR SUBDIVISION Applicants/Property Owners: Arthur Bugbee & Kathy Deryshire Agent: Jacques Belanger, JE Belanger Land Surveying Property Location: Description: Minor Subdivision – 2 residential Lots. The Agent showed the Board the plans.
Ms. Annis opened for questions from the Board. Rick Davies asked about the lot numbering.
He believes the Assessing office likes for example lot 41-1 &
41-2. Ms. Annis said no,
they want to keep the original lot. Rick Davies said there are no wetlands indicated and asked if the whole
lot is buildable. The Agent
said yes. Paul Violette asked what the frontage will be on the smaller lot.
The Agent said 300.69 feet. David Hartman relayed his concern about the drainage along No further questions; the Board members reviewed the checklist. Paul Violette said everything appears to be in order. David Hartman did have some notes, but there doesn’t seem to be any
concern about them. He said
one is the third box down the last line and confirmed that it is a
non-issue. Ms. Annis said
correct. And the last box
down, last few words on the second line is also a non-issue. Rick Davies clarified that there are no wetlands and no easements. Paul Violette moved to accept the
plan. Rick Davies
seconded the motion; all were in favor, the motion passed. Ms. Annis closed the Planning Board meeting and opened to the public for
questions. No questions or comments were received. Ms. Annis closed the public questions and reopened the Planning Board
meeting. Ms. Annis said the Board needs to consider the request for waiver before
approving the plan. The Agent said the request asks to waive the requirement for wetland
delineation and the tax map scale. The
Board agreed unanimously to grant the waiver.
Paul Violette moved to approve
the subdivision. Peter
Wyman seconded the motion. Rick
Davies asked to have the reference plans cleaned up as well as lot
indications in the synopsis block. Ms.
Annis called for a vote; all were in favor, the motion passed. 4.
CONCEPTUAL CONSULTATION – Karen Kimball, Ms. Kimball explained that the property has transferred and has no
further interest. 5.
CONCEPTUAL – HOME
OCCUPATION BUSINESS Stacey Pandora Scott/Timothy Scott, Mr. Scott explained that his wife, Stacey, operates the hair salon named
Pandora’s Locks located on Mr. Scott said they would like to use the original sign and a variance
may be required because of the size is too large based on the zoning
regulations. Paul Violette
referred Mr. Scott to the Selectmen’s office. David Hartman noted that under the use table in the Zoning Ordinance
this type of business would not be considered without a variance.
Mr. Annis explained on page 37 of the Zoning Ordinance this falls
under Home Occupation Use Permit. Ms. Annis asked the Board if a full site-plan is necessary.
Dan Watts moved not to require a
full site plan. Motion
was seconded; all were in favor, the motion passed. 6.
MINUTES David Hartman recommended on page 8 of the November 2 meeting minutes
that a distinction should be made between Marc Violette and Paul
Violette as well as identifying attending public. Rick Davies noted the amount of people in attendance that recused
themselves may be confusing when read 5 years from now.
It was decided to indicate within the body of the minutes when a
recusal is made. Mr. Davies
also referred the Board members to an email asking for specific changes
to the draft minutes. The
Board recommends that the Recorder of the minutes review the audio tape
in regards to the recusals. Paul Violette moved to post pone
approval of the Rick Davies noted a typo in the November 16 meeting minutes.
Change bet to met and correct the spelling on Violette. David Hartman moved to approve
meeting minutes dated 7.
SUBCOMMITTEE REPORTS Paul Violette said the work session scheduled for December 21 will not
include anything from Central NH Regional Planning Commission.
The next time the Board will meet with CNHRPC will be at the
January 2010 work session. The Board members agreed to meet on Martin Luther King Holiday. A Public Hearing will be held on Peter Wyman said the starting point for a multi-family unit is 3 units.
There was discussion about 4 units being considered work force
housing. Peter Wyman said he was not asked to vote for Ed Mical on new items that
came before the Board, which he did do.
Ms. Annis thought she did so in the beginning of the meeting. David Hartman reported that the deadline for the town newsletter is
December 21. Paul Violette
will create a draft about the proposed zoning changes and forward to
members for input before submitting to the newsletter. Ms. Annis asked Dan Watts if he will be presenting the zoning changes to
the Business Association. Mr.
Watts said he would be happy to do so.
Ms. Annis asked Rick Davies the same about the Men’s Club.
Mr. Davies said he would run it by the members at their next
meeting. 8.
ADJOURNMENT At Respectfully submitted, Mary Whalen Recording Secretary
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