Town of Sutton

Regular Meeting of Tuesday, January 8, 2019 (7:00 p.m.)

Pillsbury Memorial Hall

93 Main Street

Sutton Mills, NH 03221

 

 

 Board Members Present:  Roger Wells, Chair; Debbie Lang, Vice Chair; David Angeli; Jim Lowe;

Julie McCarthy; David Hill.

 

Ex-Officio Present:  Bill Curless

 

Board Members Absent:  Glenn Pogust

 

Others Present:  Frances Parisi, Parisi Law Associates; Jesse Marino; John W. Jones, Resident;

Edmund Fowler, Resident

 

Not Official Until Approved by Board at its Next Regular Meeting

7:00 p.m. – Call to Order

 

Chairperson Wells called the meeting to order at 7:00 p.m.

 

~ Roll Call

 

7:05 p.m. – Zoning Amendment Proposed by the Sutton Board of Selectmen:

 

Item “Amend Article XI – STEEP SLOPE OVERLAY DISTRICT to read that:  a conditional use permit shall not be required, provided that the current applicable setback requirements are satisfied, for any lot that was:

 

  1. a) lawfully laid out by plan or deed duly and recorded in the Merrimack County Registry of Deed on or by March 8, 1966
  2. b) shown on an approved subdivision plan recorded in the Merrimack County Registry of Deed; or
  3. c) otherwise exempt from such regulations legal, preexisting driveways that have continually been in use since construction, provided that the lot where the driveway is located conforms to the area and frontage requirements of the zoning ordinance applicable at the time of the driveway’s constructions.”

 

The terms and limitations of the Steep Slopes Overlay District shall apply, notwithstanding the above, when the existing use or building is being expanded into the Steep Slopes Overlay District.

 

Chairperson Wells gave a brief description of the above-noted item that needs to be discussed.  He stated there are three choices:

 

  1. Recommend that we agree on what the Select Board wants to do.
  2. Recommend that we disagree on what the Select Board wants to do.
  3. Recommend a modification.

 

Chairperson Wells indicated that he would recommend it, as long as the last item was removed because the sentence, as written, applies to buildings which are not controlled by the Steep Slope Overlay District.  There were no questions posed by the Board.

 

Board Member Lowe moved to open the meeting to a public hearing.  It was seconded by

Board Member Hill.

 

The public hearing was opened.

 

No comment.

 

The public hearing was closed.

 

Board Member Hill moved to approve with a condition that the last sentence, “The terms and limitations of the Steep Slopes Overlay District shall apply, notwithstanding the above, when the existing use or building is being expanded into the Steep Slopes Overlay District” be removed.  It was seconded by Board Member Angeli.

 

The Board voted as follows:

Board Member Hill:  Aye

Board Member Angeli:  Aye

Vice Chairperson Lang:  Aye

Board Member McCarthy:  Aye

Ex-Officio Curless:  Aye

Board Member Lowe:  Aye

 

The motion passed unanimously.

 

*A Planning Board public hearing will be held on January 21, 2019 at 7:00 p.m. to discuss this Amendment, as modified.

 

7:05 p.m. – Case #P-18-07: Conditional Use Permit Application.  Public hearing continued from December 11, 2018 regular meeting.

 

            ~ Request submitted by Michael and Pipere Sailer of 195 Birch Hill Road (Tax Map 01-576-410) to allow construction of a driveway within the Steep Slope Overlay District.

 

~ Applicant requests a second 30-day extension to provide the information requested by the Planning Board at the November 13, 2018 regular meeting.

 

Vice Chairperson Lang motioned to approve the requested 30-day extension until the next Planning Board regular meeting on Tuesday, February 12, 2019.  It was seconded by

Board Member Lowe.

 

Board Member Hill asked if there was a limit to the number of extensions.  Chairperson Wells indicated that there is no such exact restriction.

 

The Board voted as follows:

 

Board Member Lowe:  Aye

Ex-Officio Curless:  Aye

Board Member McCarthy: Aye

Vice Chairperson Lang:  Aye

Board Member Angeli:  Aye

Board Member Hill:  Aye

Chairperson Wells:  Aye

 

The motion passed unanimously.

 

**Make sure the Applicant gets a copy of these Minutes, so they clearly understand the Board has to agree that the variations and waivers they are asking for do not harm the spirit of the intent of the regulations.

 

7:15 p.m. – Case #P-18-10: Site Plan Review

 

~ Vertex Tower Assets, LLC and New Cingular Wireless PCS LLC d/b/a/ AT&T Mobility propose to construct a personal wireless facility consisting of a 190′ tall self-support/lattice-style tower on which telecommunications antennas and electronic equipment will be attached, inside a 60′ x 60′ fenced-in compound, which will also contain ground-based telecommunications equipment at the property located at the end of Wrights Hill Road, owned by Norman Karl Brooks, Sutton Tax Map/Lot 02-865-520 in the Rural Agricultural Zone.

 

Chairperson Wells indicated to the Board that he has gone over the submitted packet, containing the Application and the other documents.  He stated that, in his opinion, the Application packet is complete.

 

Board Member Hill moved to accept the Application packet as complete.  It was seconded by

Vice Chairperson Lang.

 

The Board voted as follows:

 

Board Member Hill:  Aye

Board Member Angeli:  Aye

Vice Chairperson Lang:  Aye

Board Member McCarthy:  Aye

Ex-Officio Curless:  Aye

Board Member Lowe:  Aye

Chairperson Wells:  Aye

 

The motion passed unanimously.

 

Chairperson Wells indicated there are some lot number irregularities in the Applications:  lot numbers are not all correct, and they need to be checked and corrected.  He also pointed out that, while the driveway is only going to be used by the Applicant’s vehicles, there are Driveway Regulations that need to be adhered to, and there are a couple of things in the documents submitted that do not conform to the regulations.

 

Chairperson Wells noted that the Applicant either needs to give written rationale as to why they cannot conform and submit a request for a waiver, or provide written modifications to the documentation in order to come into conformity.  Vice Chairperson Lang gave the erroneous numbers to Frances Parisi, Parisi Law Associates.  Mr. Parisi responded that they will be corrected, and that all the appropriate abutters were noticed.

 

Chairperson Wells went on to note that this Application can be reviewed, however there has been no Zoning Board approval, as the Zoning Board has postponed their decision in order to hear from another Expert.  He then stated that, since the Application has now been accepted, the Board can state they will wait for the Zoning Board to give their reasoning.

 

Frances Parisi appears with Jesse Marino, who prepared the Site Plans.  They would prefer to go forward without the Zoning Board decision, present the plans, and address whatever questions are posed.  They would like to start the process.  He doesn’t feel the Zoning Board issues will have any impact on the Planning Board’s issues.  Chairperson Wells interjected that he may have to leave early, due to family ailments.

 

Mr. Parisi began his presentation.  He said they are seeking site plan review and site plan approval.  They are in front of the Zoning Board, seeking special exception and variances.  They went to the Zoning Board first, although the Zoning Board has indicated they have some technical questions and wanted to get some technical advice to the technical data, specifically frequency transmission data.  It has been continued in the Zoning Board until the first week of February.

 

Mr. Parisi gave an brief introduction of Vertex Towers LLC.  He then went on to describe the history of the cellular emergency public safety infrastructure, its necessity, and laid out their plans for the Facility, as described in the Application.  He also outlined the steps they have taken to request variances from the Zoning Board.  He went through all of the requirements for Site Plan approval, that was included in the packet submitted.

 

Mr. Parisi pointed out that the biggest concern that he has heard from the abutters was exterior visibility.  He noted the steps that were taken to demonstrate its visibility, by sending a balloon into the air at its proposed location and giving notice to the public and abutters.  He indicated that the visibility was low, due to the tree coverage and its height.

 

Board discussion ensued, with a focus on Site Plan.  The following topics were discussed:

 

  • Board Member Hill inquired regarding noticing other towns within a certain radius.

Chairperson Wells responded that that’s the Zoning Board’s purview.  Mr. Parisi responded that, under NH Law, towers are deemed a potential regional impact, so they require every town who gets a Cell Tower Application to notify every town within 20 miles of the location, so that they can participate in the public hearing.  He went onto state that it was advertised in various media outlets, so that other towns were noticed, as well.

  • Vice Chairperson Lang asked if they ever get hit by lightning, or fall over. Mr. Parisi responded that there’s a lightning rod built in it, as well as a very extensive grounding system.  They attract lightning, which makes the rest of the area safer.
  • Board Member Hill inquired regarding if the tower was abandoned, and whether there was a bond posted. Chairperson Wells responded that it should be under Zoning, but that the Planning Board can make it a condition, if not.  Mr. Parisi responded that a bond will be posted in connection with the Application for the Building Permit.
  • Board Member Lowe inquired regarding the final design, including all of the companies who would be participating. Mr. Parisi displayed a Compound Plan & Elevation on the projector, as well as described in further detail what it would look like after full build-out.  Mr. Marino continued to describe their anticipated design plans.
  • Vice Chairperson Lang inquired regarding maintenance of the tower. Mr. Parisi responded that it’s as-needed, but, on average, it would be once a month.  He then said that a lot of the maintenance can be done remotely.  Mr. Marino noted that most of the traffic would come during construction, and each carrier would be responsible for its own equipment.  He went on to say that, at most, any visits would be monthly, to upgrade equipment.
  • Board Member Hill inquired as to how the electricity is routed to the tower. Mr. Marino displayed a Compiled Plot Plan on the projector, as well as described where the electricity came from, that towers rely on fiber, and their plans to extend 2-4 telephone poles to the tower.

 

Board Member Lowe moved to open the meeting to the public.  It was seconded by

Vice Chairperson Lang.

 

The public hearing was opened.

 

John W. Jones, Wadleigh Hill between Sutton Mills and North Sutton, stated his concerns.  He wanted to caution the Board and say that cellphones could operate on something less than a 200′ cellphone tower, and that there are alternatives, where you don’t have to resort to the construction.  Chairperson Wells indicated that that needs to be said to the Zoning Board.  Mr. Jones also noted the visual impacts.  Chairperson Wells repeated that that is a Zoning Board issue.

 

Edmund Fowler, Andrews Avenue, indicated that at the present time he has no cellphone service, so he feels this would be an improvement to the area.  Chairperson Wells concurred there are dead zones.

 

The public hearing was closed.

 

Chairperson Wells reiterated his concerns regarding the typographical errors.  He repeated that even though the driveway isn’t going to be used very often, there are Driveway Standards that need to be reviewed, as the changes and/or modifications are minor.  He stressed the importance of every Applicant conforming with the regulations.  He noted that Mr. Parisi is correct that it’s the Planning Board’s job to make sure it’s done right, rather than prevent it from happening at all.  He concluded that, if the corrections are made and the driveway conforms to the Town’s Regulations, in his opinion, there’s no reason to disapprove it.

 

Board Member Hill moved to approve the Application with the following conditions:

 

  1. Conformance to the driveway regulations or waivers thereto;
  2. Correct the lot number typographical errors; and
  3. Any condition that the Zoning Board requires that would apply to the Planning Board.

 

It was seconded Ex-Officio Curless.

 

Board Member Hill:  Aye

Board Member Angeli:  Aye

Vice Chairperson Lang:  Aye

Board Member McCarthy:  Aye

Ex-Officio Curless:  Aye

Board Member Lowe:  Aye

Chairperson Wells:  Aye

 

The motion passed unanimously.

 

8:15 p.m. –

 

            ~ New Business:  None scheduled.

 

~ Old Business:  None scheduled.

 

~ Other business that may legally come before the Board.

 

– Administrative:  None scheduled.

 

– Correspondence:  (To be discussed at the following hearing)

 

>> Antrim Planning Board Notice of Balloon Test and Public Hearing for a PWSF.

 

>> Wetlands Permit Application.  Paul Ezen, Blaisdell Lake Dock Owners Association, 220-225 Rte 114, Tax Map 02, Block 704, Lot 486.  Proposed project is to rebuilt a +/- 48-foot section of steep shoreline along Route 114 with a modular block retaining wall.  An existing failing dry-set stonewall collapses and must be rebuilt by hand each spring.  The slope is steeper than 50% and is a source of erosion.  There is a +/- 10 feet of shoulder between the traveled way and the lake, providing very little stormwater treatment.  The work will include permitting two replacement seasonal docks.

 

~ The next regular meeting is Tuesday, February 12, 2019, at 7:00 p.m.

 

8:05 p.m. – Adjournment

 

MOTION:  Vice Chairperson Lang moved to adjourn the meeting at 8:05 p.m.  It was seconded by Board Member McCarthy.  The motion carried unanimously.

 

The meeting adjourned at 8:05 p.m.

 

 

 

Respectfully Submitted,

 

 

 

Victoria O’Connor, Recording Secretary

O’Connor Legal, Medical & Media Services, LLC

www.oconnorlmms.com