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Zoning Brd of Adjustment Minutes 03/28/07
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TOWN OF SUTTON
Zoning Board of Adjustment

Meeting Minutes
March 28, 2007

Present:  Doug Sweet, Ed Canane, Tom Brooks, and Derek Lick
Also present: Deborah Freeman, Land Use Office

Members absent: Bill Hallahan, Dane Headley, Janet Haines and Kevin Carr.

7:00 p.m.  Members present selected Ed Canane to chair for Bill Hallahan.  Tom Brooks will be a full member.

Case #07-01     Map 2 Lot 556,321
Applicant: RCS Designs, Bradford, NH
Owner: John and Daniel Morrissey, 561 South Road, Hopkinton, NH  03229
Property Location: Bass Point Road, Residential District
Purpose:  Request an area variance to the terms of IV:D.2. to construct a 16’ x 16’ porch within 24’of the jurisdictional shoreline.  Lake Shore requirements states “All permanent, temporary or portable buildings and structures shall meet the requirements of the Wetlands Overlay District (Article XVI).  Accessory structures of less than 150 square feet in area may be granted by Special Exception.

Freeman stated that the posted Notice was in three town locations and published in the Intertown Record on March 20th and that all fees were paid.  Robert Stewert of RCS Designs sent a fax requesting to be rescheduled to the next Zoning Board meeting.

Sweet made a MOTION to grant continuance, Brooks second.  MOTION PASSED unanimously.

Case #07-02     Map 5 Lot 356,486
Applicant: SBA Communications c/o Jon Springer, Esq., Portsmouth, NH
Owner: James Dombrowski, 33 Summit Road, Newport, NH
Property Location: Mastin Road, rural – agricultural district
Purpose:  Request a special exception to Article III:O, Section 4.1 to allow for the construction of a personal wireless service facility, including an 85’ flush-mounted monopole.

Freeman stated that the posted Notice was in three town locations and published in the Intertown Record on March 20th and that all fees were paid.  

Derek Lick acting chair recused himself from this hearing which would leave three voting members.  Jon Springer stated he would be more comfortable with a full board in attendance for the vote.  

Sweet made a MOTION to grant continuance, Brooks second.  MOTION PASSED unanimously.  This public hearing is rescheduled to the next meeting, April 25th, 2007.

Mr. Springer offered to do an overview of the project for information and to answer any questions informally of the public or the board.

Mr. Springer’s overview of the project:  Off Mastin Road, Mr. Dombrowski owns 3 contiguous parcels.  We were here in May 2002 and received a special exception and then went to the Planning Board for site approval.  For business reasons IWO (owner of the project at that time) did not build.  The project is for a personal wireless facility.  What we were previously approved for and what we are requesting tonight is the same project.  Tower is designed for 3 carriers.  The ordinance back in 2002 required a tree survey – the average tree was 70.9’.  The ordinance allowed 20’ above avg. tree height.  Tower will have only utilities necessary for power and lights.  The only vehicular traffic 1-2 trips per mo per carrier.  There is no smoke, fumes or dust.  A balloon test was done for the visual impact.  A 3-4’ round red weather balloon is photographed at proposed tower height; a picture of the tower is superimposed.  The only place the tower was visible was the athletic field at the high school.  This is an ideal situation for this project with very limited visibility.  ZBA conditioned a gate across the access driveway.  Planning Board conditions were a 150’landscaping easement around the tower (to preserve the trees) and drainage plan cross referenced.  An access drive will be crushed stone.  Plan meets all wetlands setback of 75’.  

Jim Dombrowski expressed that this was an important access for community safety.

Don Davis: Asked if this was reviewed by the State Division of Historical Resources and further, at what point does that come in to play?  Mr. Lick responded that it is his understanding that determining historical significance is a separate process.  

Chair asked for a vote to continue this discussion to the public hearing scheduled at the next meeting.  Seconded and unanimously approved.

MOTION to adjourn, seconded and approved by unanimous vote.  Meeting adjourned at 8:30 pm.

Respectfully submitted,

Deborah Freeman
Town of Sutton
Land Use Office



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