Planning & Zoning Board Notices & Minutes

Nov 24, 2015

Draft Zoning Board Minutes Nov 24, 2015


LITTLETON ZONING BOARD OF ADJUSTMENT
DRAFT MINUTES
TUESDAY, NOVEMBER 24, 2015
COMMUNITY HOUSE
120 MAIN ST
LITTLETON, NH 03561
6:00 PM

Present: Chairman Eddy Moore, Vice Chair Sean Sweeney, Art Tighe, Jessica Daine, Guy Harriman, Jerry LeSage, and Joanna Ray (recording secretary)

Excused: Heidi Hurley

Others: Bruce & Maxine Hadlock, Barry Lunderville, and Heather Porter (SNS representative)

Chairman Moore called the meeting to order and designated Guy Harriman as a voting member for this hearing. Art Tighe reviewed the application and noted that the hearing notice was posted, notices were mailed to the abutters, and the fees were paid. No conflicts of interest were noted.

Secured Network Realty LLC, Owner – ZBA15-12 – Request for a Special Exception relating to Article IV, Section 4.02.06 of the Littleton Zoning Ordinance to allow a 45’ tall Personal Wireless Communication Facility attached to the building at 775 Industrial Park Rd, tax map 91-55, in the Industrial zone.

Heather Porter, employee of Secured Network Services, presented. SNS manages Wireless Link. They service Littleton and have equipment on their building, but would like to put it on a pole for better service to their Tower Hill Road tower. The proposed pole will be 20’ over the roof line of the building. Heather stated the pole is 1.01 miles from the tower on Mount Eustis. The proposed pole will be 45’ tall.

Art Tighe addressed the requirement of at least 1-mile distance between towers. Heather Porter and Art came up with different coordinates. Art’s coordinates show the distance being less than 1-mile. The board discussed which distance is correct. Vice Chair Sweeney stated the applicant has not grossly exaggerated the distance. The board can either ask the applicant to hire a licensed surveyor to confirm the distance or the board can accept the applicant’s figure. Art suggested sending the Zoning Officer out to confirm. Vice Chair Sweeney did not think it was unreasonable to request the applicant to have a licensed surveyor confirm the distance.

Heather Porter stated that SNS questioned whether or not the special exception was needed because the pole is attached to the building. Vice Chair Sweeney stated it does not make a difference if the pole is attached to the building. A personal wireless communication facility (PWCF) must receive special exception approval in the Industrial zone. Heather confirmed the proposed pole was a PWCF.

Heather Porter informed the board that SNS is working with NCIC for a grant to make the network stronger. This phase of the project will improve the reception on the Slate Ledge tower.

Chairman Moore stated that if a surveyor confirms the distance between the two towers is less than a mile, a variance will be required. Vice Chair Sweeney stated that if the distance is over a mile, then the board can move on with the special exception request.

Bruce Hadlock stated the tower on Glen Ridge Terrace is in Maxine Hadlock’s trust, Bryn Mawr Terrace. Bruce was not convinced the proposed tower is a mile away. Bruce stated the proposed tower cannot exceed 35’ in height because it is attached to the building. Buildings cannot exceed 35’. Bruce also voiced concerns over what covenants might be in the deed.

Jessica Daine asked if this tower would be for SNS customers only. Heather Porter replied yes. No other providers will be on the tower.

Jessica Daine read the height requirement of the PWCF in section 6.10.04 of the Zoning Ordinance. Bruce Hadlock repeated his earlier statement that the tower attached to the building cannot be taller than 35’. Vice Chair Sweeney stated he did not think that was relevant because there are separate rules for PWCF height. Chairman Moore suggested asking for legal opinion. Bruce stated he received an opinion that anything attached to the structure is part it. Art Tighe asked Heather Porter if the tower could stay at 35’. There was also discussion about whether or not there was room for the tower to stand alone.

Barry Lunderville commented that hiring a surveyor to calculate the distance could cost up to $1000. Vice Chair Sweeney stated the cost of the surveyor is not top priority to the ZBA and he felt the $1000 estimate was overstated. Jessica Daine clarified that if the applicant comes back and proves the tower is over a mile away, it does not necessarily mean the special exception will be granted. Barry stated that the FCC gladly accepts GPS readings, but the ZBA is forcing the applicant to hire someone for a better reading.

Vice Chair Sweeney mentioned section 6.10.03 of the Littleton Zoning Ordinance. Bruce Hadlock stated that anyone hooked onto the tower should have to prove they would not affect anyone else. Heather Porter stated that this tower is only receiving. Art Tighe stated the board needs written proof and their in-house engineer should be able to provide this.

Heather Porter stated that SNS will not be hanging any cell antennas on this tower. The first 20’ will be bracketed to the building. This will prevent the need for guyed wires. This tower will have its own base. Barry Lunderville stated this is a structure.

Jerry LeSage asked about the rules of the Industrial Park. Vice Chair Sweeney stated their rules are not under the boards prevue. Art Tighe asked if the tower could be moved so that there would be no question of it being a mile from another tower.

Jessica Daine read RSA 12-K:7. It’s possible that there needs to be more hearing noticing. The board wants to give the applicant time to get info ready for the board.

Vice Chair Sweeney moved to continue ZBA15-12 until December 22, 2015 at 6:00 PM in the Community House Heald Room. This will give the applicant time to provide the following:

  • Written proof that the proposed PWCF complies with FCC guidelines on radio frequency exposure
  • Accurate distance between the proposed tower and the closest existing tower by a certified licensed surveyor

Art Tighe second the motion. The motion passed 5-0.

Joanna Ray will find out if the tower attached to the building is considered a part of the building or a separate structure. The reason for this is to find out if the applicant must keep the tower no taller than 35’.

The board reviewed the minutes from October 13, 2015. Art Tighe made a motion to approve the minutes as presented. Jessica Daine second the motion. The motion passed 5-0.

At 7:15, Art Tighe made a motion to adjourn. Vice Chair Sweeney second the motion. The motion passed 5-0.

Submitted by,
Joanna Ray