Town of Sutton
Planning Board
2/10/09 Public Hearing Minutes
Hearing called to order at 7:00 p.m. by Dan Sundquist, Chair. Members present were David Burnham, Peter Blakeman and Carrie Thomas. Paul Raynor was appointed to sit for Joe Burns.
Due to the volume of cases tonight the Board agreed to sit and hear each case but hold deliberations until the end of the evening. If time did not allow for the completion of deliberations, they will be continued to the February 24th hearing.
Case #1 – John & Julie McCarthy, Shaker Street, Lot Line Adjustment/Annexation,
Map 7, Lot 678,472 and Lot 679,474.
Motion made by Carrie Thomas to accept the application as complete. Paul Raynor seconded. Unanimous vote.
Motion made by Carrie Thomas to open the public hearing. Paul Raynor seconded. Joe Burns arrived at 7:15 p.m. Paul Raynor was appointed to sit for Courtney Galluzzo.
Mr. McCarthy gave a brief presentation as to the lot line adjustment/annexation of the two properties in question. Parcel A would go from 3.91 acres to 2.01 acres and Parcel B would go from 14.78 acres to 16.68 acres. Each parcel has an existing home, sufficient road frontage and met the Town’s regulations. Mr. McCarthy submitted a copy of a letter from Bristol and Sweet for the file. There was some question regarding the wording on the plat in reference to Roger Landry and the word “now” under the notes section #4. Peter Blakeman to follow-up with Doug Sweet, Surveyor to clarify.
Roger Landry, Abutter reviewed the map with Board members. He stated he was in favor of this lot line adjustment/annexation.
Carrie Thomas made a motion to close the public hearing. Peter Blakeman seconded. Unanimous vote.
Peter Blakeman made a motion to approve this application. Paul Raynor seconded. Unanimous vote.
The Board voted to approve this lot line adjustment/annexation as submitted with no conditions.
Case #2 – T-Mobile/Omnipoint Communications, 441 Eaton Grange Road, Site Plan Review, Map 3, Lot 406,095A.
Motion made by Carrie Thomas to accept the application as complete. Paul Raynor seconded. Unanimous vote.
Motion made by Carrie Thomas to open the public hearing. Peter Blakeman seconded. Unanimous vote.
Michael Johnson, representative for T-Mobile gave a brief presentation to the Board as to the purpose of this site plan review. T-Mobile would like to co-locate antennas at a height of 78’ on the existing tower. Due to denial from the Zoning Board of Adjustment for the addition of height to accommodate these antennas, T-Mobile felt that at 78’ would suffice for now.
There was no one in attendance to speak for or against this request.
Carrie Thomas made a motion to close the public hearing. Paul Raynor seconded. Unanimous vote.
Carrie Thomas made a motion to approve this application for site plan review as submitted. Paul Raynor seconded. Unanimous vote.
The Board voted to approve this Site Plan Review as submitted with no conditions.
Case #3 – SBA Towers, Inc., Jonathan S. Springer, Esq., Mastin Road, Site Plan Review, Map 5, Lot 356,486.
Peter Blakeman made a motion to accept the application as complete. Carrie Thomas seconded. Unanimous vote.
Carrie Thomas made a motion to open the public hearing. Joe Burns seconded. Unanimous vote.
Jonathan Springer, Esq. made a brief presentation to the members. New plans were submitted for the files. Variance and Special Exception have been approved by the Zoning Board of Adjustment for this applicant. This site will consist of a “brown stick”, 150’ in height and will follow the previous conditions of approval that were given by both the Zoning Board of Adjustment and the Planning Board in 2002 and 2007 as well as 2008/2009. Antennas will be flush mounted to the “brown stick”. This pole can handle up to two more carriers in the future. There will be no noise, smoke or lights. Donald Davis, abutter spoke regarding the balloon test done. He is upset that he was not notified and felt that as an abutter he should have been. He also
does not support the height of this pole and felt that the Zoning Board should have followed the Town Zoning Regulations.
Peter Blakeman made a motion to close the public hearing. Carrie Thomas seconded. Unanimous vote.
Peter Blakeman made a motion to accept this application for site plan review with the following conditions:
- Provide easement language to cover limits of grading and drainage on sheet A-4.
- Obtain a NH DES Wetlands permit for the driveway entrance.
- Comply with the Town of Sutton’s Zoning Ordinance, Article III:O, Section 9 regarding the “Abandonment or Discontinuation of Use”.
- If blasting is required, a new pre-blast survey is to be done and documentation submitted to the Town of Sutton Planning Board as well as the Kearsarge Regional School District.
Carrie Thomas seconded. Unanimous vote.
Case #4 – Cellco Partnership, Earl Duval, Esq., East Sutton Road/Eaton Grange, Site Plan Review, Map 3, Lot 406,095A.
Peter Blakeman made a motion to accept the application as complete. Carrie Thomas seconded. Unanimous vote.
Paul Raynor made a motion to open the public hearing. Carrie Thomas seconded. Unanimous vote.
Gregory Mercier representing Earl Duval, Esq. gave the members a brief description of the site plan review application submitted. Cellco wishes to change a 6’ antenna with an 8’ antenna. This 8’ antenna is the largest they can use at this time. Approval from the Zoning Board of Adjustment has been received and is on file. This new antenna would face towards Interstate 89.
There was no one in attendance to speak for or against this request.
Carrie Thomas made a motion to close the public hearing. Paul Raynor seconded. Unanimous vote.
Paul Raynor made a motion to approve this application for site plan review as submitted. Joe Burns seconded. Unanimous vote.
The Board voted to approve this Site Plan Review as submitted with no conditions.
Case #5 – Omnipoint Communications, Inc., King Hill Road, Site Plan Review – Continued Hearing, Map 8, Lot 369,498.
Carrie Thomas made a motion to re-open the public hearing. Paul Raynor seconded. Unanimous vote.
Francis Parisi, Attorney and Michael Johnson from Omnipoint Communications gave the Board members a brief description of the site plan review application. Continuation of the previous hearing was due to some legal counsel from the Town’s attorney requested by Board members. Issues that were in question and forwarded to the Town Attorney are as follows:
- Verify that the rights of access are clear through and along Summit Road.
- Verify adequate parking at the end of the access road and is it within the Planning Board’s purview.
- Verify the “Fall zone”. Is this an existing non-conforming structure and what the implications it may have if it is a non-conforming structure?
- If the existing lattice tower is in fact 92’ tall and the existing whip antenna extends another 9’ above that then that will exceed 100’. Does this have any impact on what can be improved?
- This site is on Conservation Land owned by the Town of Sutton. The access road on Summit Road is a private road so the concerns of the abutters and parking on their land by the telecommunications vehicles has become a concern. What rights does the Planning Board have with regards to the access road as it is a private road?
- If this is a non-conforming structure can the 10’ extension be placed on it as it will still be non-conforming. This site was pre-zoning regulations.
This application is to use an existing structure for antennas. Omnipoint would not go over the 100’ height limit for installation. A 10’ pipe with flush mount antennas would be added to the existing structure.
Concern from the Members is that this site is not easily accessible during the winter months and parking of large vehicles is done on an abutter’s property. This site is also pre-cell tower zoning regulations and is already non-conforming.
Sundquist felt that due to a past denial this case needed more investigation.
Betsy Forsham, representative from the Conservation Commission stated that as a courtesy, the Conservation Commission calls Mr. Brazier and asks him ahead of time if they can park on his land if need be.
Ed Schiavo, 99 Summit Road, Abutter asked for an update from Town Counsel. As it is right now, because this is a private road the parking and road maintenance issue is between the Association and the owner of the land where the site is. Mr. Schiavo also stated that he would not be in favor of any more carriers on this tower.
Nick Signore, 180 Summit Road, requested that it be put in the record that he and Mr. Parisi have been in contact with each other regarding the parking and maintenance issues and they are working on an arrangement between the Association and Omnipoint.
Mr. Parisi submitted the access easement for the file. He also stated that the antenna would be 53” tall, 6” wide and 3” deep and would be flush to the pole. There are some that are 12’x12’x12’.
There was a question from members regarding the different footage amounts. Mr. Parisi stated that they would not go over the 100’ height regulation.
Carrie Thomas made a motion to close the public hearing. Peter Blakeman seconded. Unanimous vote.
This hearing will be continued to February 24, 2009 at or around 7:00 p.m. It was requested by the Chair that past documentation on file at the Land Use Office be brought to this hearing for review.
Case #6 – Kezar Conservation Group, LLC, Phase II Meadow View, Minor Subdivision, Continued Hearing.
Joe Burns stepped down from this hearing. Sundquist reviewed with all in attendance the process that has been going on to date. The initial application was dropped of at the Town Hall on 12/12/08. Preliminary hearing was set for 12/23/08. Application could not be accepted as complete at the 12/23/08 hearing as it was a preliminary hearing only. At the January 27, 2009 hearing there was not a quorum and the hearing had to be continued. Therefore, Carrie Thomas made a motion to accept the application as completed tonight. David Burnham seconded. Unanimous vote.
Peter Blakeman made a motion to open the public hearing. Carrie Thomas seconded. Unanimous vote.
Tom Paul, co-owner of the Kezar Conservation Group, LLC gave a brief description of the application for a minor subdivision. This is a previous 11 lot subdivision from Meadow View Farms. They plan to take the 11 lot subdivision down to a 3 lot subdivision. Kezar Conservation Group, LLC is in hopes that there will be 2 lots with 12+/- acres with 1 home each and 1 lot of 65 +/- acres sold to the Town of Sutton’s Conservation Commission if they are interested.
Betsy Forsham, Conservation Commission stated that the Commission members and the Kezar Conservation Group, LLC have been in contact and that the Conservation Commission would be interested in this 65 acre parcel. No determination as been met to date for this transaction though.
Tom Paul also explained that at the time of sale the seller included the “common land” area from the original subdivision. Kezar Conservation Group, LLC was also deeded the rights as grantor for association homeowners.
The test pits and septic have been done according to the previous subdivision as well as well placement. Boundary monuments have been placed.
Leslie Enroth, abutter would like to have on the plat that no further subdivision can be done on any of the 3 lots in the future. She was shown on the plat that this has been done.
Matt Grimes, Captain of the Sutton Volunteer Fire Department Association submitted a letter for the file requesting that King’s Hill Road be brought up to Town Standards. He felt that the 14’ road with 2’ shoulders on each side would not accommodate emergency vehicle traffic if needed at a fire.
Walter Baker, Town of Sutton Selectmen would like to see more investigation done with regards to the request from the Fire Department.
It was discussed that one option could be a sign off from the property owners to the Fire Department as done in surrounding towns.
Tim Davis, Conservation Commission thought that there could be access and parking on Penacook Path to accommodate hiker’s vehicles, etc.
Donald Davis, Conservation Commission wanted it on the record that the hammer head and parking lot would be 2 different areas.
Due to the issue of the emergency vehicles, the width of the road, the one vehicle bridge, and the wetlands on each side of the King’s Hill Road, the Board members decided that a site walk was needed. This site walk will take place on February 21, 2009 at 10:00 a.m. This will not be a public hearing so input will not be accepted at this site walk. Proper notification will be done by the Land Use Office.
Carrie Thomas made a motion to close the public hearing. Paul Raynor seconded. Unanimous vote.
Peter Blakeman made a motion to adjourn. David Burnham seconded. Unanimous vote.
Respectfully submitted,
Linda D. Ford
Land Use Coordinator
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