DUNBARTON ZONING BOARD OF
ADJUSTMENT
TOWN OFFICES –
The regular monthly meeting of the Dunbarton Zoning Board of Adjustment was held at the above time, date and place with Chairman John Trottier presiding. The following members were present:
John Trottier, Chairman
John Herlihy, Vice Chairman
Alison Vallieres, Secretary
Gertrude Dulude
David Nault
John Van, Alternate
Ron Slocum, Alternate
Kenneth Swayze, Admin., Planning
and Zoning Dept.
The
Chairman verified with the Secretary that the public meeting notice had been
posted in three public places throughout the Town and published in the Concord
Monitor for one day.
Approval
of Minutes of Previous Meeting of
John
Trottier amended the minutes as follows:
Page 4, fourth paragraph re the Chan Request, should add the following
statement: John Trottier stated he had spoken with the Selectmen regarding what
improvements they would require and they stated it should be up to Class V
standards.
A
motion was made by John Herlihy to approve the minutes as amended. The motion was seconded and passed by a
majority. David Nault abstained because
he received his minutes later.
7:00
PM – PUBLIC HEARING REGARDING A REQUEST FOR A VARIANCE TO ARTICLE 4, SECTION B.
FROM EDWARD J. COLBURN REPRESENTING CLARA M. SHELTON REVOCABLE TRUST TO ALLOW
HIM TO REPAIR A SEPTIC SYSTEM CLOSER THAN THE REQUIRED 50 FEET FROM THE
BOUNDARY AT PROPERTY ON 8 HOLIDAY SHORE DRIVE AT GORHAM POND IN THE LOW DENSITY
DISTRICT IN DUNBARTON, NH
Edward Colburn, Septic System Designer, representing
the Clara M. Shelton Revocable Trust appeared before the Board. He presented a map showing the layout of the
proposed septic system. Noted they would
require a waiver from the State. The
system is far enough away from the pond and the neighbors well on the other
side of the road and from the community well.
Too close to the brook on the north side of the property and will need a
waiver from the State on both the well and the septic system.
John Trottier stated the Board needs the detail of
the existing system and the proposed system.
Edward Colburn presented a plan showing the existing
system and what the proposed system would be.
It is a GEO Flow System. He
stated there is no way you can fix the present system without a new
design. The State dictates this. The existing one is in the ground and the new
one will be above the ground. Will be 2
feet above existing grade. He stated
they will be keeping the existing 1000 gallon tank and adding a pumping
chambered system.
The Board stated they would also need a Variance for
Wetlands Conservation District set back which is 125 feet. This did not show on the plan. The line
should be delineated on the plan. It was
noted by the Board that the entire lot is within the 125 foot Wetlands
Conservation District.
At this point, Mr. Colburn amended the application
to request a Variance for the Setback from the Wetlands Conservation District
also.
Abutters were read as follows and noted that all had
been notified by certified mail:
James J. Bartlett – Not Present
Shane Larry Phelps – Not Present
James and Clara Kerr – Not Present
Kim Solman – Not Present
At this point, the Chairman noted the following
members would be voting on this request:
John
Trottier
John
Herlihy
Alison
Vallieres
Gertrude
Dulude
David
Nault
MOTION:
John Trottier made a motion that the Dunbarton
Zoning Board of Adjustment continue the public hearing for the Edward J.
Colburn (Clara M. Shelton Revocable Trust) request for a Variance until the
next meeting in January. The motion was
seconded by David Nault. The motion
passed unanimously.
CONTINUED
PUBLIC HEARING FOR A VARIANCE TO ARTICLE 4, SECTION B. OF THE DUNBARTON ZONING
ORDINANCE FROM US CELLULAR ON BEHALF OF THE OWNERS, RICHARD AND NICOLETTE
HECKER (C3-5-7) TO ALLOW THEM TO CONSTRUCT AND OPERATE A 180 FOOT FREE STANDING
TOWER WITH 12 PANEL ANTENNA AND A 12’ X 20’ GROUND EQUIPMENT BUILDING AT THEIR
PROPERTY ON 12 POWELL LANE IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
At this point in the meeting, John Trottier stated he had received a copy of the report from Mark Hutchins, Consultant today, December 8. He stated the members of the Board have not been given a copy yet and felt it was only fair and reasonable that the members be allowed time to read the report prior to making their decision. He stated he had discussed this with Attorney Grill.
In addition, John Trottier noted that the five required criteria for the granting of the Variance should be addressed in the same format as within the Zoning Ordinance. Attorney Grill stated he will do this at the next meeting.
Attorney Grill stated he was concerned about the
length of time it was taking to reach a decision but that it seemed fair to let
the Board take a look at the report prior to their decision. He stated they were hoping there is nothing
more the Board is concerned about.
Attorney Grill presented the following information
to the Board:
1.
Coverage maps showing AT&Tcoverage at different height towers
(attached)
2.
Calculated RF Exposure Analysis – Dunbarton (attached)
3.
Height vs Coverage Analysis – Hecker Property (attached)
Members of the Public:
Ken Alton – Stated the proposed tower is less than
two miles away from him. Goffstown has a
bunch of towers, let them keep them all.
We don’t need it. They are asking
for five times more than what is allowed.
I don’t think this cellular tower is covering that much more. Goffstown looks like a “crap hole”. They are all in Goffstown, let them have
them. A 180 foot tower is
ridiculous.
J. Trottier stated that according to Federal Law, we
do need to allow them.
Ken Alton stated there are no cellular towers in
Federal Parks or the Grand Canyon because they don’t want them there. Where do you have more people than there?
John Swindlehurst – Stated he was against the height of it. I realize a lot of people use cell phones but I don’t want it. I feel there are other locations some on town property that could be utilized.
Peter Hecker – First off, it is just a cell phone
tower. I don’t think there is anyone in
this room that is not used to seeing cell towers. This is not a pristine world. I feel very honestly, there will be no one
who will see it any more than I will. It
is a gorgeous view today. I look down on
it. I don’t have an objection. People have problems getting service. At least it will be there for emergency
services. One of the concerns is the
height of the tower and it is ugly because it is tall. Tall gives us coverage. If we restrict heights low enough, then we
will have one or two or three other carriers asking for towers. It is a balancing act and you should make a
decision. My personal preference would
be one that high.
David Nault – Asked the applicants if 150 feet was
the lowest they would consider.
The applicants noted that Route 13 was being focused
on. This would have been fine in 1996
but people want coverage in their homes now.
Concern with AT&T was roads and Robert Rogers Road. We are looking to cover the residences.
MOTION:
John Herlihy made a motion that the Dunbarton Zoning
Board of Adjustment continue the public hearing for US Cellular until the next
regularly scheduled meeting in January.
John Trottier seconded the motion.
The motion passed unanimously.
Other Business:
Forest Melendy, 9 Karen Road – Appeared before the Board and stated that he wanted to put on a three season porch enclosure. Stated there is already a deck.
Ken Swayze, Admin., Planning and Zoning – Stated he has researched the property and there was never a permit or Variance for the existing deck. He stated he felt the porch would be a change of use.
John Trottier stated he felt it was a change of use
therefore it would need a Variance. In
addition, they would need an Equitable Waiver for the existing deck.
The Board reached a consensus among them that the Melendy’s would need both an Equitable Waiver and a Variance. In addition, they were told they would need to get a Certified Survey of the lot showing distances.
Jay McDonough, 1031 Black Brook Road – Appeared before the
Board. Stated he sold firearms to law
enforcement personnel. Has a Federal
Firearms License. Lived in Manchester 38
years. When he moved to Dunbarton, had
to update his license. Needs a letter of
compliance with Zoning. Stated he will
not have a sign. Does not
advertise.
After discussion, the Board reached a consensus that
the proposed use qualifies as a Home Occupation. Mr. McDonough should apply to the Building Inspector
for a Home Occupation License.
Ron Slocum – Asked where “Change of Use” appears within the
Zoning Ordinance. John Trottier
explained his interpretation of the ordinance.
David Nault – Stated he planned on coming back to the Board for
his Accessory Apartment. Stated that he
was requested to have soils test and septic system design. Stated he will be taking out a bedroom from
his four bedroom home making it a three bedroom home. Would like to tie the Accessory Apartment
septic system into his existing septic system.
Board advised him to research septic system
regulations to see if this is allowed, etc.
There being no further business, the meeting
adjourned at 9:00 p.m.
Respectfully
submitted,
Alison
Vallieres, Secretary