Minutes of meeting

                                              Lancaster Planning Board

 

Meeting held upstairs in Town Hall                          Wednesday March 5, 2008

 

Attending: Chairman Steve Young, Joe Hoey, Claude Reed, and David Rexford.

Alternates: Aurore Hood, Leon Rideout and Justin Carter.

Excused: Les Hilton and John Brooks

Absent:  Selectmen’s Representative Leo Enos.  John Brooks and Les Hilton were absent due to illness.

Others attending: Administrative Services Manager Becky Newton, Bill and Tammy Lazotte,Alan Savage, Richard Harris, Daniel Fournier, Jim Hampton, Stan Knecht, Skip and David Sanscoucy, Edward Samson, Jr., and Mr. and Mrs. Alther.

 

            Chairman Steve Young called the meeting to order at 6:30 P.M..  Roll Call followed.  At this time Justin Carter was appointed to a full voting member for the meeting.

 

Initial Business:

            To review and approve the minutes of the February 13th meeting.

 

Joe Hoey made a motion to approve the minutes of the February 13, 2008 meeting. The motion was seconded by Justin Carter The motion passed unanimously.

 

Public Hearings:

 

Minor Site Plan Review:

 

Case  #698 Coos Courthouse Properties, LLC – George Sanscoucy requests a minor site plan review to install 12 new parking spaces at the Old Courthouse (Tax Map P6 Lot 3, 148 Main St.) in an area zoned commercial.  Review application for completeness. Vote on final approval.

 

            Justin Carter was brought up as a full voting member for the evening.

 

            Mr Sanscoucy presented his case.  He said that the construction would be on the north side of the court house.  He has received his highway cut from the DOT.  He stated that the Shippee Driveway cut would be expanded 12 feet resulting in a 24 foot driveway cut.  This will allow traffic to flow in on the Shippee side of the common drive and out on the Old Courthouse side.  He stated that when the construction is done there will be parking for the Shippee employees as well as those who work at the old courthouse.  They plan to open up space so that there will be space for handicap parking beside the Shippee building as well as for the court house.  It was asked how big the spaces would  be.  There would be 8 ½ x 18 foot stalls. They plan to preserve the trees that are there and would be doing further landscaping when the construction is done.  The bump out  on the building is the old vault and that section is being slated in the future for an elevator.    Mr. Sanscoucy said that they would be coming in later with the elevator plans when that all comes about, right now they are working on the parking area.

 

The meeting was opened up to abutters.

            Abutter Stan Knecht wanted to know which way the run off would be. Mr. Knecht stated that the corner of his field is wet and he doesn’t want any increased run off going his way.  Mr. Knecht stated that when it rains ½ inch that would equate to 6,000 gallons of additional water that would run off onto his parcel.

            Mr. Sanscoucy said that the whole parcel of land is 19 thousand square feet and the Shippe lot is .44 of an acre.  He said that there would be 5-6 thousand square feet to be paved.

            Mr. Knecht wanted to know if they thought that there would be more water flowing over the bank due to the slope of the parking  and Mr. Sanscoucy said that he didn’t think that there would be.  Mr. Knecht said that there were 4 properties that were dumping water onto his property and they don’t seem to be concerned. Mr. Knecht asked the Planning Board to address the situation.  He does not want to cause any problems with anyone only that he does have concerns with the amount of water that flows into his fields

            At this time there were no other abutters who wished to speak to the case so this part of the meeting was closed to abutters.

 

The meeting was opened up to the members of the public.

            Jim Hampton, representing the Congregational Church, spoke and said that he was not sure as to what was going on but after hearing the discussion noted that all of this would not be taking place on the side of the church and he had no further comments.

            At this time there were no other members of the public who wished to speak to the case so this part of the meeting was closed to the abutters.

 

The meeting was then opened to the Board.

            It was asked if there was anyone who needed to recuse themselves from the discussion, hearing none the discussion continued.

            Joe Hoey asked how big the green section that was there now.  He was told that it was about 14 feet and it is about 14 x 106 on the side of the hill.

            Steve Young asked what the slope of the bank was.  Mr. Sanscoucy said that it was about 30-35 degrees.

            Joe Hoey asked if there were going to be buffers so that people would not drive on the lawns.  Mr. Sanscoucy said that during the summer they will install concrete barriers and they will remove them during the winter so not to hinder plowing of the area.

            David Rexford asked if they could put a catch basin so the water could drain into the town system, and where did it drain now.  The drain is on the court house side.

            Becky Newton said that all of the catch basins on Main St. belong to the Town. Most now dump into the Town’s sewer system.  Mr. Sanscoucy said that he does not want to go into the Town system. Becky Newton said that new storm water connections are not permitted to the sanitary sewer system. Mr. Sanscoucy  said that he would be willing to put in a catch basin piped into a dry well with drainable materials which will percolate into the ground. Mr. Sansoucy is willing to have that as a condition upon approval. Pavement would be sloped to the dry catch basin.

            Stan Knecht said that this would be acceptable to him and he thought that it would be a better idea all around.

            Aurore Hood said that she was very glad to see that they (Sanscoucy and Shippee) are working together on the project.

            Becky Newton mentioned that the Town had gotten permission for a cross walk in the area, and that the curb cut would be on the courthouse side. Traffic flow shall not impair the Town’s ability to install the new crosswalk.

            It was asked if there was any further discussion regarding the case.  Hearing none a motion was called for to accept the application as complete.

A motion was made by Joe Hoey and seconded by Aurore Hood to accept the application as complete.  A vote was called for and the motion carried.

            It was asked if there was any further discussion regarding the case as for its final approval. 

A motion was made by David Rexford and seconded by Claude Reed to accept the plan  with the condition that a catch basin be piped into a dry well with the proper drainage material be put around it, and that there be plenty of space around the cross walk.  A vote was called for and the motion carried.

 

A motion was then made by Joe Hoey and seconded by Claude Reed to accept the plan for final approval with the above conditions.  A vote was called for and the motion carried.

 

Major Site Plan Review:

 

Case #697 –Richard Harris/Daniel C. Fournier d/b/a/ Lancaster Auto Sales. For a Major Site Plan Review.  Applicant requests to lease and operate a used vehicle dealership in an area zoned commercial-industrial. (Tax Map R1 Lot 1, 702 Main St.).Vote on final approval.

 

Leon Rideout recused himself at 7:00 P.M.

 

            It was asked if Mr. Harris had signed the application.  This was a question that had been brought up at the February 13th meeting.  Mr. Harris said that he had .

            Mr. Fournier again spoke to the Board and told them what he had planned to do with the building.  There would be only sales, having 4 employees and there would be no repairs done at this time.  If in the future he decides to do repairs he knows that he would have to come back to the Board for approval. There will be approximately 50 cars on the lot.

            Becky Newton said that there had been a building permit requested for the back lot and that they had requested that there not be any glare from the lights of the garage.  Mr. Fournier agreed to that condition.

            It was asked if there were any abutters who wished to speak to the case.  There were none.

            It was asked if there were any members of the public who wished to speak to the case.  There were none.

            It was asked if there were any members of the Board who had any further concerns.  Mr. Harris spoke and said that the existing lighting would be grand fathered, which Becky replied that it would.

            Aurore Hood asked if all of the abutters had been notified of the meeting.  The answer was yes, there was one abutter who is in the military and it is not known if they had received their letter.

            Hearing no further discussion on the case a motion was called for to accept the plan for final approval.

A motion was made by David Rexford and seconded by Joe Hoey to accept the plan for final approval with the condition of the lighting not to disturb any of the abutters around the area.  A vote was called for and the motion carried.

 

Leon Rideout returned to the Board at 7:10 P.M.

 

Case #699 –Stacie Gillespie and Alberta Charron/SBA Towers, Inc. request a Minor Site Plan Review to erect a l80 foot monopole cell tower (190 feet with lightning rod and antennas) in an area zoned commercial-industrial.  (Tax Map R1 Lot 41:10 Mayberry Lane).  Review application for completeness. Decide on date for public hearing.

 

David Rexford recused himself at 7:20 P.M.

At this time Chairman Young appointed Leon Rideout as a full voting member for the case.

 

            At this time Kenneth J. Kozyra an agent for SBA Wireless Towers presented the case.  He had plans that were posted for the Board to see as well as same in the packets. He said that SBA had entered into a long term lease with Gillespie and Charron to erect a tower on their land.  They plan to put a 12 foot wide gravel road to the site.  There would be a 100 x100 foot area to be leased. There would be a 65 x 65 foot chain link fence around the compound, with an l80 foot tower and a 10 foot tall steel lightning rod. The cell tower would hold 5 carriers.

            Steve Young asked if the roadway drainage was only on the owner’s property and Mr. Kozyra said yes.  He also asked if they were receiving from Mt. Orne.  Mr. Kozyra said that each tower operates independently, each is connected to land base to a switching station. When the Mt. Orne tower was installed, they were receiving microwaves from Burke Mt.  After the tower was complete, a switching station was installed which is the land base station.

            David Rexford asked how far north the new tower would reach.  Mr. Kozyra clarified that ideally cell towers are no more than 4-6 miles apart.  This proposed tower is 5.2 miles from the Mt. Orne tower.  This will provide coverage from downtown to Groveton.  It was noted that there was no map of coverage for Groveton in the packet.

            Joe Hoey said that other companies came and spoke to us and then they didn’t do what was approved to do. They built a shorter tower than the board approved which will result in fewer carriers being able to be on the Mt. Orne Tower.  Joe Hoey said, “If we give you approval to build a 180 foot tower, are you going to build a 180 foot tower?” Mr. Kozyra said that they would build a 180 foot tower.

            Mr. Kozyra said that he knew that the Historical Preservation became involved in the plan for the Mt. Orne tower and that his company would also need approval from them.

            Joe Hoey asked what was meant by co-locators.  He was told that it means that there would be 5 carriers commonly located on a single tower.

            Becky Newton stated that the Zoning Ordinance call for co-location generally meaning that currently existing towers are to be filled to capacity before new tower are built.  This is what was approved with the Mt. Orne tower in order to protect the public and Dr. Beattie.  Becky also explained that there is a process whereby if a carrier can demonstrate why the existing Mt. Orne tower will not accomplish their objective of improved coverage they could be permitted to build a new tower.  However, the technical demonstration of necessity for the new tower is the applicant’s burden.

            Mr. Kozyra said that municipalities can’t protect landowner. This new tower is complementary to the existing tower. He said that this tower is a micro link to Burke Mt. as is Mt. Agassi.  A micro link has nothing to do with physical coverage.

            Joe Hoey asked if l80 feet would cover all of the Town.

            Mr. Kozyra pointed out in the plans that he had posted as to where the signals would be go. Maximum signal strength takes place in the winter.  When they design towers, they account for lower signal strength in the summer when tree leaves interfere with signal strength.  There would need to be a balloon test as this is also required by the Historical Preservation Society.  It was suggested to do it early in the morning for 2-3 hours.

            Steve Young asked what the Board would like to do.

            Joe Hoey asked what would Lancaster gain.  He was told that they would have coverage from downtown North.

            Becky Newton asked what percentage of new coverage was estimated.  Will there be 10% more coverage? She was told that the biggest gain would be that the signal would be projected further north.  Becky also stated that with the last tower the applicant had to demonstrate “technical necessity” pursuant to the Zoning Ordinance for the height extension of 180 feet.

            Steve Young mentioned that with daylight savings time coming up it might be a better idea to wait on the balloon test.  The test would have to be done l0 calendar days before a public hearing and needed to be posted in .2 places.  The dates that were decided on March 26th or March 27th and to have the balloon up from 8-10 A.M. more or less.

            Becky Newton asked about the Fall Zone.  The site is 100 x 100 – but the tower is 180 feet high.  Mr. Kozyra confirmed that if the tower fell, it would fall outside the leased 100 foot area but it would still fall on the property of Gillespie/Charron.  They designed the tower site in the corner of the property, but within the fall zone, for this reason.  The corner of that property is not build able.

            Aurore Hood stated that Mayberry Lane is a Private Road.

            Steve Young said that the Board would request a bond from the company in case of removal of the tower.  Mr. Kozyra said that they would post a $20,000.00 bond.

            Becky Newton said that they contract would be renewed every 5 years and the abutters don’t usually get notified of such subsequent approvals.

The meeting was opened to the abutters:

            Tammy Lazotte of Mayberry Lane spoke.  She said that she is an abutter and her name was not on the list that was provided to the Board.  It was confirmed that she did receive a certified mail notice from the town within the required notice period. She quoted several places in the letter that had been presented.  The main concern was the drainage issue.   The road has been repaired many times by the Lazotte’s and the Alther’s, not the Gillespie’s.  They pay a view tax and the tower will decrease the value of their properties. She asked who would be taking care of the road while the construction was going on.  Drainage is a major problem on that road and construction would really take a toll on it and they are the ones who would have to repair it day after day while this was going on.

            Steve Young asked about the drainage run-off that would be taking place while the construction would be going on. Steve said that he knows how heavy equipment would damage the road.

            Mr. Kozyra said that it could be a condition to repair the road prior and after construction.

            Mrs. Lazotte again asked who was to take care of the road, there was not a road agreement done when lots were sold.

            David Rexford suggested that they have the Gillespie/Charron put up a bond or an escrow account for road maintenance.

            Mr. Alther said that the Gillespie’s have torn up the road continually and he will fight not to have the tower put up on their land.

            Mr. Kozyra said that for the run off they could put in crushed gravel with a 2% grade on 1 side.  It will not harm the road. A culvert and plunge pool would not cause any issue to the Lazotte property.

            Becky Newton asked about the road grade.  She was told that they would be using ATV’s or 4 wheel drive SUV’s to go and check the tower once or twice  month and then 3 times a year unless there is a problem  They would be using a snowmobile in the winter if needed.

            Aurore Hood mentioned that the other company had to return the road to its natural state and only to go in with ATV.  Utilities were to maintain it from there.

Mayberry Lane is approximately a 20% grade and the Town will not take over any road that is over 12%

            Becky Newton said that when the Gillespie’s were building their home, there were problems with black water and storm water run off.  This caused a lot of problems to the property located below (where the Charter school is).

            Steve Young said that they could require funds in escrow to address these conditions.

            Tammy Lazotte said that they pay a view tax, do their own maintenance and they have excellent cell service. She questioned if the tower was really necessary.

            Joe Hoey said that before he made a decision that he would like to go and see the site.  All agreed that this was not the best time to go.

            Leon Rideout said that he was disappointed with the cut and paste letter which referenced Keene in several places.  He wondered if the applicant had visited the site or just used a cut and paste letter.

            Joe Hoey said that he would like to make a motion not to accept the application as complete.

            Mr. Kozyra asked what was needed to make it complete.

            Leon Rideout said that the Board needs to look at the lot .  The Board needs to go and talk to the abutters.  He does not feel the whole thing applies to our Town.

            Joe Hoey said he wanted to know the grade of the road to the tower, and the impact the wetlands.

            Becky Newton said that they would need to know about the storm water that is staying on the site. 

            Alan Savage said that the Board should check the Zoning Ordinance on co-location.  The applicant needs to prove that there is a need for this tower.

            Edward Samson said that the new tower would give more coverage north – the tower we now have gives us coverage south.

            Aurore Hood said that we should make the changes to the abutter list to include all who are concerned.

            Becky Newton said that she would draft a letter with the conditions that the Board has concerns with.  She also asked if the Board wanted to go ahead with the balloon test and the answer was yes.

            Claude Reed asked how long it would take to build and repair the road.

            Mr. Kozyra said 4-6 weeks.

            Becky Newton  spoke saying  that the following issues need to be addressed in a revised application.

           

1.      estimated percentage of increased cell coverage in Lancaster

2.      coverage map for towns north of Lancaster

3.      colored radiograph maps for the board

4.      who will repair the road before, during and after construction? What amount will the applicant place in escrow to ensure this takes place?

5.      amount of the bond for removal

6.      a drainage plan for the soil type of the lot (this is a sandy, pine hill and drainage is sensitive in nature of the location)

7.      remove references to Keene in the application

8.      applicant shall make a site visit and indicate environmental concerns of the particular site

9.      road grade for cell tower road and for Mayberry Lane

10.  board may require a road agreement between all abutters on Mayberry Lane

11.  board finds that Alther’s may be able to view the tower our their living room window, thereby obstructing their view.  Lazott’s and Alther’s  pay a view tax.  Board questions that new cell tower may result in reduced property value for Lazott’s and Alther’s.  Applicant needs to rebut this finding. Lazott’s request a camouflaged tree-like tower. Will this mitigate the problem?

12.  applicant needs to have a civil engineer who prepared the plans at the next meeting for consideration.

 

 

All abutters will be re-notified as the application is incomplete.  Case will be on the next agenda for the balloon test.

 

A motion was made by Leon Rideout and seconded by Joe Hoey to find the application incomplete for the reasons listed above.  A vote was called for and the motion carried.

 

Other Business;        

            Letter from North Country Council on Rte.3 study.  Becky said that NCC would like a letter of support for this study..

A motion was made by Joe Hoey and seconded by Leon Rideout to do same and the chairman will sign the letter.  A vote was called for and the motion carried.

 

            Letter from John Severance with many things to choose from for the Housing and Conservation Planning grant application.  For the grant, a letter of support will be necessary from the Planning Board.  Becky read the letter to the Board and all agreed to have the chairman sign the letter.

 

A motion was made by Justin Carter and seconded by Leon Rideout to have the letter sent and the Chairman sign.  A vote was called for and the motion carried.

            David Rexford said that we do not want to have them come and map out the wetlands in the town – it would not be a wise thing to do.

 

Noting that there was no further business to come before the meeting a vote was called for to adjourn.

A motion was made by Joe Hoey and seconded by Aurore Hood to adjourn. A vote was called for and the meeting adjourned at 8:50 P.M.

 

Respectfully Submitted:                                                        Approved:

 

 

Sandra E. Doolan – Clerk                                                     Steven D. Young

                                                                                                Chairman