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Minutes of 7/6/2016

July 12th, 2016

Carroll Planning Board
Meeting Minutes

July 6, 2016








“These minutes of the Town of Carroll Planning Board have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions, deletions and corrections by the Planning Board at its next meeting when the Board votes its final approval of the minutes. They are being made available at this time to conform to the requirements of New Hampshire RSAS 91-A: 2.

Members Present: Chairperson Ken Mills, Richard Krapf, Bonnie Moroney, Selectman’s Representative Brian Mycko, Michael Hogan and Donna Foster.

Members of the Public: Dave Scalley, Ron Wareing, Jeanne & Jim Stapleton, Fred Apple, Kevin Fadden, Kevin Delaney, Jeremy Oleson, Chris Ellms, Todd McClenethan, Judy & Mike Gooden and Paul Gamache

Minutes taken by: Rena Vecchio, Secretary

The meeting was called to order at 7:00 PM.

Pledge of Allegiance


Chairman Ken Mills opened the meeting at 7:00 PM. He asked if the board had read the minutes and if they were ready to make a motion. The Chair went on to say the secretary had issues that arose and he had done the minutes for the month of June. The Chair said that the last paragraph/sentence of the minutes needed to be removed. Bonnie Moroney made a motion to: accept the minutes of June 2, 2016 as corrected. Brian Mycko seconded. The motion passed with 4 ayes. Donna Foster and Michael Hogan abstained as neither were at the June meeting.

Chairman Mills told the board that there were 2 applications before them tonight. One was the continuance of Industrial Towers for a Wireless Facility on Map 206, Lot 10. The second was a Lot Line Adjustment that was not going to pose any problems as such. He suggested the board look at the Lot Line Adjustment first with the boards consent. The board concurred.
The application for a Lot Line Adjustment for the Omni Mount Washington, LLC, represented by Ron Wareing, Horizons Engineering and the Fairway Village Condominium Association, represented by Fred Apple, was brought forth to the board. All fees were paid and abutters notified said the secretary. The Chair told the board that the application was in their packet along with the letters of approval for Ron Wareing to speak for Omni Mount Washington. He told the board that the map for the proposed adjustments were also included. When asked by the Chair, the board responded that they had reviewed the application.
The Chair went thru the “Preliminary Layout Checklist” and “Approvals/Conditions” from the application were reviewed and there were no questions from the board.

Michael Hogan made a motion to: accept the application as complete. Brian Mycko seconded and the motion passed unanimously.

The Chair asked if there were any questions from the public. There were 3 people that raised their hands for questions/responses.
Fred Apple, President of Fairway Village Condominium Association. Fred Apple asked if he could get copies of what was approved tonight so he could take it back to his Association. He just wanted to make sure nothing had changed. Paul Gamache asked the same question. The secretary handed both a copy of the map of the area being discussed with the adjustments shown. Ron Wareing, Horizons Engineering and representative for the Omni Mount Washington, asked if there were any questions for him on the map and the adjustments. Mike Hogan had a quick question for Ron as to which way the lot line was going. There were no other questions.

Michael Hogan made a motion to: approve the Lot Line Adjustment for Omni Mount Washington, LLC and the Fairway Village Condominium Association, Map 211, Lots 43 & 46.2 and Map 210, Lot 7, Base Road, Bretton Woods, N.H., to adjust property lines. Brian Mycko seconded and the motion passed unanimously.

Next on the agenda was the continuation of the Site Plan Application for Industrial Tower and Wireless, LLC for a wireless facility on Map 206, Lot 10.The Chair reopened the Public Hearing for Industrial Towers. Kevin Fadden opened the hearing stating that in April he had an informal meeting with the board, May was the acceptance of the Basic Completeness of the application, June the board held the Public Hearing and they provided a power point presentation for the board. Tonight they and the board were going to go over the results of the reports from HEB an IDK. He stated that Verizon had become a co-applicant also. He then turned the presentation over to Kevin Delaney, Engineering & Regulatory Compliance Manager for Industrial Tower & Wireless, LLC.

Kevin Delaney went thru questions brought up:
• Color of tower—Kevin handed out a color chart that will be used for the tower.
• The balloon test showed no infringement of the views for Mount Washington.
• Fencing—there will be an 8 foot fence. They can install barbed wire if the board would like but they would rather not do it. They do not believe it is needed.
• Run off/Storm management—the report is not in yet.
• FAA does not require lighting for this tower and they feel that is correct. If the board would like lighting then it can be installed.

Kevin went on to say that all new personal wireless service facilities required compliance with NEPA (National Environmental Policy Act of 1960) and the FCC regulations. They are:
1. Wilderness Area: the proposed tower is not located within a designated wilderness area.
2. Wildlife Area: the proposed tower is not located within a designated wildlife area.
3. Endangered Species and Critical Habitat: Correspondence with NH Fish and Game’s “Nongame and Endangered Species Program” concluded that the proposed tower was found to have no significant impact on endangered species and their habitat.
4. Historical and Significant Sites: Section 106 surveys and studies from the Public Archeology Lab have been filed with the NH Division O Historical Resources confirming that the proposed tower will have “No Adverse Effect” on historically significant sites.
5. Indian Religious Sites: Utilizing the FCC’s Tower Construction Notification System (TCNS) all federally recognized Native American Tribes were notified of the project and none of them have responded with concerns of the site having an impact on Indian Religious Sites.
6. Floodplains: The property is not located within a floodplain.
7. Surface Features and Wetlands: The proposed tower will not be placed within jurisdictional wetlands and the site will not result in the significant change in surface features.
8. High Intensity Lighting: No high intensity lighting is required for the proposed tower.
9. Radiation Exposure: The proposed tower will meet all applicable regulations regarding radiation exposure and will not exceed maximum levels.
This report was handed in to the Chair.

Kevin went on to say that the report from IDK said that a tower of 140 feet would work as well as the proposed 170 foot tower. He said they believe that 170 feet will be needed. They have Verizon that has signed on to co-locate at 166 feet. When you add on the antennae’s the proposed tower will be 180 feet.

The Chair asked for names of people that wanted to ask questions. The first was Jeanne Stapleton, an abutter. Her questions/comments were:
• She had plans to build a house on her hill in the back of her land that is only 285 feet away from the tower and brought the plans with her. She said the tower would be in direct line with her back windows.
• Balloon test appeared to be off to the west of where the proposed site is. She felt there should have been flags there designating the site. She wonders if the test was done properly. (Board members that were there for the balloon test said they believed it was done properly). (Kevin Delaney stated that it was done thru Google Earth Overlay Map with co-ordinates).
• She felt that the statement last month made by the lawyer for the company that the abutter’s lands would not be devalued. She brought in Real Estate opinions of realtors that said they would be devalued. The realtors were from across the country and the globe. She handed in the copies of these findings and pictures of how close the tower would be to her proposed future home. She asked how the board would feel to have this in their back yard or on resale of their properties. She also asked how long the lease was for. Kevin Delaney said it was a permanent lease.
• She and her husband went to Gorham and saw a 90 foot tower there. They took pictures showing what a 90 foot tower would look like never mind what a 170 foot tower would look like.
• She felt the location of the tower on 47 acres, was so close to neighbors instead of off to the east closer to the land owner.
• Storm water runoff on the road could be a problem.
• Some issues were brought up that were not relevant to this application. The Chair also said that there is a lot of information that cannot be completely read by the board tonight. But he respects all the work she has done and her heartfelt statements on this.
• She would like the board to deny this application.

Todd McClenathan was called on next for questions:
• He thinks that abutters of something of this magnitude should be notified. (Secretary told him that she remembered sending a notice to him and his wife.)
• How many optional sites were shown? (The Chair, 11 sites.)
• Does this application go before the town for a vote? (No, it is a vote of the Planning Board.)

Fire Chief, Jeremy Olson’s questions:
• Were there any considerations or anything in place for safety training for the first responder’s? (There will always be 3 trained men when the tower is being checked out. One man always stays on the ground. Kevin Delaney invited Jeremy to come up at some point to see how things work.)
• Local emergency services-public safety. The Chair said they could make that a condition. Kevin said that there would be no problem to put the equipment (paid for by the town) on the tower and there would be no monthly charge/lease for the town.

Ken Mills closed the Public Hearing. Ken went on to read two questions sent in by board member Karen Saffian (she was not able to be at the meeting tonight):
1. Is the application based on the representation that the Town does not have any cell reception in the zone that they identified on their map? No. Long answer on first page of application.
2. If there is cell phone reception actually present in that zoned area from another carrier can the town deny the application on that basis? No. The Town cannot discriminate any carrier.

Letter from Kathy Donegan:
• The letter will be attached to the hard copy of the minutes in the office.
• Studies undertaken for 180 foot tower. (Done)
• View (Done)
• Other Sites (Done)
• RF Analysis (Done)
• Moved closer to Route 3 (will interfere with views of Mount Washington)
• Access Road and drainage (HEB Report and will be a condition on approval of application)
• Height reduction (Discussed)
• Generator (Discussed/Done)
The Chair stated that all of these had been addressed at the previous meeting.

The Chair asked if the board had any questions or anything else to add. Michael Hogan said there was a lot of information handed in but the board could only skim over it. Information on devaluation of property is not factual but opinions. Not backed up by any studies. The court systems would want a lot more in denying this application.

The Chair wanted the board to be aware that in the HEB Report Articles # 3 and # 8 are not applicable.

Richard Krapf made a motion to: approve the Site Plan Application for Industrial Tower and Wireless, LLC, West Route 302, Twin Mountain, NH, Map 206, Lot 10, with the following conditions:
• To hold an orientation for safety for the Mutual Aid System that the Town of Carroll is part of at that time.
• That the Police and Fire Departments have access to the tower with no monthly charges.
• The HEB Report, Article #6, in its entirety:
1. How uphill runoff will be redirected around the facility to prevent wash out of the gravel, specifically along the proposed gravel access road.
2. How erosion control will be addressed around the perimeter of the impacted area.
3. How stabilization of the storm management and sediment control measures, including but not limited to siltation barriers, culverts, stone check dams, swales, etc.
Donna Foster seconded and the motion passed unanimously.

Jeremy Olson, Fire Chief said he was approaching the board trying to get the communications line open between him and the PLBD. He handed out papers on the Fire Code and Life Safety. He thinks that maybe he and the police departments should be on the agenda and application email string just to keep him in the loop. He said a lot of this the Code Enforcer should be dealing with. He said it would help him to know if he needed to be at the meetings to clarify things. There are applications that need to be signed and he has never signed anything. Donna Foster said she felt when she was Chair she tried to get the information to all the other departments so they will know if they should be involved. Brian said he can set up email string for everything.

Dave Scalley said he does not believe the PLBD should be policing the conditions of the approval on an application. That is where the PLBD’s role ends, you either approve or deny. Ken said he thinks it would be good to have one place where the applicant can go. Dave said that the policing is in the hands of the Selectmen. Jeremy is not asking the PLBD to police things. Mike said if and when the board goes over the applications we may find some of the things Jeremy is asking is needed. Ken agreed. It was said that any conditions put on an application need to go to the selectman not the PLBD.


Michael Hogan made a motion to: adjourn. Brian Mycko seconded and the motion passed unanimously.

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