Development Review Board Public Hearing Minutes

July 18, 2001

Development Review Board members present: Nancy Peck - Chair, Randy Couch, Mike Rainville, Ken Richardson, and Shirley Zundell

Bolton Zoning Administrator: Dick Ward

Clerk: Amy Grover

Also present: Stewart Robinson, Kevin Barry

Call To Order

Nancy Peck called the meeting to order at 7:05 p.m. The minutes from May 6, 2001 were accepted.

Public Hearing #1

This hearing was convened to consider the request of Stewart and Renee Robinson for a variance from Article III, Section 3 – D, Dimensional Requirements, to construct a 22’ by 24’ garage to within five (5) feet of the northerly side yard, located at 3475 Stage Road, Bolton, Tax Map Parcel #5 -34– -153.

Stewart Robinson appeared on behalf of the application.

Development Review Board Report

Ms. Peck reviewed the application of Stewart and Renee Robinson, and asked Mr. Robinson to provide the Board with additional information about the proposed project.

Applicant Comment

Mr. Robinson provided the Board members with a map and picture of the property, blueprints of the proposed garage, and letter from the northerly abutter, Holstern. In the letter Holstern stated that they did not object to the proposed garage given that it was not built on their property, and the tree line would not be affected. All of this information was entered into record.

Mr. Robinson stated that they wanted to add a garage to their property, and that it would require a variance from the setback requirements. He noted that his lot was one of five lots developed eleven years ago, which were all irregularly shaped. His lot is a reverse “S”, going from 125’ in the front to 66’ in the rear. He stated that there was only a small area directly in front that would allow for a garage to be built without a variance, which was impractical. The back of the lot is sloping to drainage, unsuitable, and also would entail a variance from setback requirements. Mike Rainville noted that this type of development is why there are now zoning regulations in place.

Ken Richardson asked where in relation to the property line the existing shed was, which the proposed garage would be replacing. Mr. Robinson stated eight feet from the property line. Ken noted that in reality, Mr. Robinson was asking for another three feet.

Mike Rainville asked why the garage would not be connected to the house, noting the four feet between the house and garage. Mr. Robinson stated that he preferred not to have the two buildings connected because of insurance reasons, but also because it would take away the only window in the master bedroom, and a window in the kitchen. Mr. Robinson added that it would be a one story, two-car garage, with the roof line lower than the cape house, and with one sixteen foot door.

Shirley Zundell asked if the garage were to be a one-car garage, would it meet the setback requirements. Mr. Robinson stated that the garage would have to be less than twenty feet wide, and it still would not meet the setback requirements.

Dick Ward asked if there was a right of way over the neighbor’s lot where the Robinson driveway crossed. Mr. Robinson stated that there was, the two lots had shared a driveway, but then Holstern put in his own driveway. He added that everyone in the five lots kind of ignores property lines, because the lots are all so oddly shaped, and does what is natural as far as driveways and tree lines.

Nancy Peck noted that if the variance were authorized, it would represent the minimum variance that will afford relief and the least deviation from the Zoning Bylaws. She added the Board has 45 days to make their decision, but that decisions are generally made with in a week. Nancy then noted that she had not sworn Mr. Robinson in, and did so with respect to the statements he had just made.

Hearing adjourned at 7:20 p.m.

Public Hearing #2

This hearing was convened to consider a request by Kevin Barry, DBA Devon Mobile Communications, and Alexander McEwing for a variance from Article VI, Section 8, Non-conforming structures and uses, sub section B, for permission to alter an existing communications tower by adding a four panel antennae, on Robbins Mountain, Bolton, Tax Map parcel #12 – 12005.3 (R2 District).

Kevin Barry appeared on behalf of the application.

Nancy Peck swore in Mr. Barry.

Development Review Board Report

Ms. Peck reviewed the request by Mr. Barry and Mr. McEwing, and asked Mr. Barry to provide the Board with additional information about the proposed project.

Applicant Comment

Mr. Barry stated that Devon Mobile is the cell phone division of Adelphia Cable. Devon Mobile holds a license for VT and part of NH, and in order to provide the mandated coverage of their license within seven years, they are seeking out existing areas for their antennae, such as buildings, silos, and towers. The antennae need to placed approximately every two miles. Mr. Barry added that the Robbins Mountain tower would serve the needs for their system, stating that they would add four antennae panels at the fifty-foot level of the tower, which would be attached with antennae arms. The other equipment would be housed in the existing building. He provided the Board with an aerial photograph of the tower as it currently exists.

Nancy Peck asked if the panel structure would be sticking out away from the tower. Mr. Barry stated that the panels would be sticking out away from the tower approximately six feet, because spatial separation from the other antennae on the tower is required for Devon’s antennae to function.

Ken Richardson asked if the antennae would by used only by Devon Mobile. Mr. Barry replied yes, but noted that the tower currently houses several antennae for other companies; FM, TV, two other wireless companies, as well as whip antennae for rescue/fire department.

Mike Rainville asked what the antennae actually look like, and if there was sufficient power on site. Mr. Barry stated there was sufficient power. He added that the antennae have two panels on each side, a V structure attached directly to the tower. The panels are fairly small; approximately four and a half feet high, eight inches wide, and are a beige color.

Randy Couch asked if the existing building was sufficient for Devon’s equipment. Mr. Barry replied yes.

Shirley Zundell asked if the antennae would cause interference with anything. Mr. Barry replied no, Devon had completed an intermodulation study showing compatibility with everything.

Dick Ward asked if there would be any tree removal. Mr. Barry replied no.

Nancy Peck asked if Devon would be accessing the site by helicopter. Mr. Barry replied that would be the easiest way, to bring construction equipment to the site by helicopter. He added that if it were to be a lengthy construction period, Devon would access the site over land, but stated it would probably be only three to four days of construction with a helicopter. Nancy asked how often Devon would visit the site thereafter, and by what means. Mr. Barry replied the site would be visited approximately once a month, or every other month in lieu of any problems, and that those visits would be done over land. Randy Couch questioned the over land access; on foot or on an ARV. Mr. Barry replied he was unsure how the area would be accessed after construction, but probably by ATV. Nancy added that since the tower is in the Conservation District where unique and fragile areas are protected, there is a concern. Mike Rainville noted that there is a trail from the road, and Nancy added that since McEwing had ownership, the area is all posted.

Dick Ward stated that the Board should know there is an application coming to replace the entire tower with a new tower twenty-one feet higher. Mr. Barry noted that Devon’s concern is to preserve their license; Devon needs a system in place by April 2002. He added that Devon would be part of the forthcoming plan; the new tower proposed to be built at the site, but that Devon needed to move forward now with their request. Nancy Peck asked if this would be the only site in Bolton. Mr. Barry replied yes. Mike Rainville noted that another site in Bolton is on Ricker Mountain. Dick Ward noted that his understanding of the technology was that satellites would be used within the next five years instead of antennae. Mr. Barry sated that Devon would have a lease to be on the tower for the next twenty-five years, and had no immediate plans to go to satellite.

Nancy Peck stated that in the last page of the map and information packet provided to the Board by Devon, there were references made to rip rap, and access roads, and asked for an explanation. Mr. Barry stated that it was construction and contractor’s notes made in anticipation of approval. On further examination, Mr. Barry stated that they were not the proper notes for this project, and that there were no plans for a road to be built, that there would be no land impact, and reiterated that construction would be accomplished using a helicopter.

Nancy Peck noted that the Board had forty five days to make their decision for Mr. Barry and Mr. McEwing, but anticipated having a decision sooner than the allotted time.

The hearing was adjourned at 7:45 p.m.

The Board members and Dick Ward had a brief discussion about cell towers, function, and changing technology until 7:55 p.m.

Deliberation and Decision

The Board members and Dick Ward went into executive session at 7:55 p.m. The session adjourned at 8:50 p.m.