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Minutes of 01/25/2007

February 26th, 2007

Carroll Planning Board
Minutes
Cell Tower Public Hearing Continuation
January 25, 2007


“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 of the Board present: Chairman John Birknes, John Sweeney, Evan Karpf,
Bill Wright, Ernie Temple and Connie Oliver

Member of the Public present: Leslie Bergum, Erik Bergum, Thomas Gately, Art Savona, Jim Covey, Lisa Covey, Michelle Gamache, Charles Gamache, Donna Matz, Mike Matz, William Rines, Michael Gooden, Leo Charrette, Dot Upton, Tom Upton, Jeff Simmons, Colleen Simmons, Bob Richard, Holly Richard, Joan Karpf, Pam Walsh, John Gardiner, Bonnie Moroney, John Burt, Allen Strasser, Lee Hallquist, Tom Hildreth, Ken Kelly, Dave Maxon

Minutes taken by Maryclare Quigley, Secretary:

Pledge of Allegiance

Meeting called to order at 7:01 PM

Chairman Birknes advised that this was the continuation of the public hearing for the proposed cell tower and proceeded to open the meeting by reading and having other Board members read seven letters that had been received regarding the cell tower. All of these were in opposition of the location.

At this point, the attorney for Verizon, Tom Hildreth, introduced himself and reviewed the background for the tower, including the location on Harmony Hill Road. Since the last meeting in November, and in deference to the closest property owners, the Simmons family, they have relocated the so-called compound with its monopole tower approximately 400 feet to the east. Atty. Hildreth pointed out that the hill on which it is located rises about 420 feet above the height of the tower, so depending on the vantage point, this should largely camouflage the tower.

Among items Atty. Hildreth presented to the Board were copies of the FCC License, a report from the NH Department of Transportation web site with traffic counts in the Town of Carroll, a report of existing tower locations within a 20 mile radius, an inventory of tower structures in the Lakes Region as compared to the White Mountains, and a comparison of tourist spending dollars in the Lakes Region versus the White Mountains. He proceeded to discuss the various tower locations and expressed his belief based on these reports that cell towers do not kill tourism or tourist spending. Atty. Hildreth asked that the Board base their decision on fact and data, and not on fear of what might be.

Discussion then followed about locating the tower on the Town Hall property, which from the RF point of view will not work. Because of the terrain, they will lose one mile of coverage toward the Mount Washington Hotel. Something less obtrusive on Harmony Hill was then brought up, as this location requires lighting due to its proximity to the airport.

Chairman Birknes commented that while aesthetics may not be the only consideration, they are of some importance. He then went on to read Section 407.3 (copy attached), Purposes and Guidance Standards for Telecommunications Equipment and Facilities from the Town of Carroll Zoning Ordinance, and noted further that Chapter 12K of the RSA’s in the State Statute regarding PWSF (personal wireless service facilities), requires they blend in as much as possible. Various ways of disguising towers as flag poles, light poles, and trees were discussed, as well as having a structure that would not require the exterior lighting that the high one would. It was said that an antenna inside a pole does not perform as well as one on its own, and enclosing one in fiberglass would double the amount of vertical space required by carriers for the equipment. With further regard to disguises, Verizon has done any number, and with direction from the local Board and within the right setting, they will certainly entertain doing so in any appropriate context. If it is believed that a flag pole at this location would be less obtrusive, they will go back and model it, if a tree pole would be preferable, they will talk about the pros and cons of that. It’s obvious a parking lot light would not look good, but the point is that they have done all kinds of installations and are open to any suggestions that would make sense, and would go some distance to address the concerns and still provide the performance they need.

Atty. Hildreth will provide us with lighting specifications for the shortest height structure that would not require a light, which he will get from their regulatory department. They will also provide technical data on lighting as the FCC has requirements on how the lights are produced and operated with an intention of minimizing ground light pollution.
(There is an FCC limit amount of light produced, so information will include technical
specifications of the lighting manufacturer and the FCC circular that mandates it.)

Evan Karpf asked if they had filed the FAA form 460-1, which answer was that it had not been filed. When Dr. Karpf said that he had previously requested it, Atty. Hildreth advised that they moved the site and rather than filing every time they move, they will wait until they have a fixed position and file it then. Dr. Karpf also asked if they had a signal strength chart for either the new location (on Harmony Hill Road) or for the potential Town Hall location. Atty. Hildreth advised that he did not have one for the new location and that the one for the Town Hall location had not been generated to bring with him. He had the narrative statement that the RF engineer modeled for the original location and said he could have it the next time they come up. Dr. Karpf reiterated that if the antenna were put up at the Town Hall, they would have trouble extending the signal to the Mount Washington Hotel. He further commented that the National Forest acts as a natural buffer between Bretton Woods and the Town Hall, and asked if it is required to provide service to the National Forest. With further discussion, Atty. Hildreth said it really didn’t matter as they would lose over a mile of coverage, and explained that they want the proposed location to connect with the installation at the Mount Washington Hotel, and at Chairman Birknes’ inquiry, said they had been in discussion with the Hotel about this. Mr. Birknes asked if they would be able to connect with the Hotel from the Town Hall site, and commented if this were the case, then the lost mile may not be that important. He further commented if this were true, then a flashing light may not be required, nor would it have as great an impact on the ridgeline. Atty. Hildreth wanted further clarification of the ridgeline to which Mr. Birknes was referring, after which answer (views along Routes 3 and 302 and from Joyce Drive in Tuttlebrook), he commented on the number of telephone/light poles and wires within the same area that he felt were as obtrusive. He gave further examples of towers as in Littleton which has a beautiful main street and other areas, such as Lake Winnipesauke, encircled by very expensive homes and how they can co-exist.

Mr. Birknes stated that while neither the Town Ordinance nor the State Statute requires a tree canopy, they both strongly urge that heights be limited when going above the tree line. That the proposed tower is substantially higher than the surrounding trees was reiterated. Atty. Hildreth said that it is not an uncommon strategy to place towers where there is more girth that rises up behind it so that from many (though admittedly not all) vantage points it is disguised by the higher terrain that backs it up. Mr. Birknes said that in a general discussion with Dave Maxon, one of the things noted was that when a tower at or over 90 feet is put up, another one may not be put up within three-mile radius of that area. With that in mind, he asked if it would be possible to put up two shorter ones which may preclude the necessity of having lights, and be less obtrusive. Atty. Hildreth said that he did not know.

David Maxon, RF Engineer of Broadcast Signal Lab, consultant for the Town, was introduced. He advised that he had reviewed coverage information as well as minutes of the prior meeting and other documents as submitted for the record. He referred to the FCC license from Portland, Maine, and presumed that there was a relationship between it and this applicant. With this brought to mind, it was noted that they can be listed under different names, and he wondered if all frequencies Verizon Wireless might have available to them are on this. He wishes to know which frequencies and which licenses Verizon Wireless owns. The fact that there are existing cell phones receiving coverage is not really valid as proof, as they could be on roaming (receiving service from another carrier). Mr. Maxon inquired if the frequency band is one to be used for both voice and data, and was told that initially it will be just voice with data being added twelve to eighteen months later. According to Ken Kelly, Mount Washington Hotel would have voice connectivity and some data from the Harmony Hill Road location and voice would not have connectivity from the Town Hall.

Mr. Maxon observed the coverage plots represent in-vehicle and the stronger signal represents those in buildings. Needless to say, it takes more signal for vehicle. Though the coverage footprint shows it will connect well with the Hotel, the map shows a large gap which is difficult to understand without further data that connection will be maintained—the “white space” is very long. It is his opinion that this will not be a great connection because of the terrain, but he needs more information to show that this will actually work.

Chairman Birknes requested that Mr. Maxon and Atty. Hildreth and his colleagues, Mr. Kelly and Ms. Mercy Luhanga, confer with each other to get the specific data, etc. that they may require.

Discussion ensued as to what height would not require light. As it now is, it is believed that it would have to be painted candy stripe or have a high intensity strobe light for daytime, and a medium intensity strobe light or a red beacon (which equals 1 or 2 600 watt bulbs). Though the light is focused toward the ground, there is still an impact to the character of the area. The Chairman clarified if it is not painted red and white, there will be a light during the day. Further discussion ensued about the design of the pole, amount of space required for equipment, co-location of other carriers which would reduce the number of towers. When it was restated that 180 feet above ground level will satisfy the coverage objectives, it was asked what the effect would be if they were to reduce the height. Mr. Kelly said that 90 feet would not be practical east on 302, as it was not going to carry very far. Mr. Maxon commented that it should be modeled to get a more accurate picture. Discussion then went to the antenna height at the Hotel and it was mentioned that the understanding was there would be room there for another provider. Mr. Kelly said he was under the impression that they had received town approval for two heights. He also said they are in negotiations with the Hotel and the first thing is to satisfy what they want. Chairman Birknes stated that the Board’s interests are to provide services where it is reasonable to do so. Discussion of various locations and coverage and how other sites might be located so as to complement continued.

Connie Oliver asked why it is so important that towers connect. Mr. Maxon responded and explained the idea of seamlessness, where as one moves out of the area of one site, the next site takes over, which is called “hand-off.” If these are too far apart, the call can get dropped. Dr. Karpf asked if there was a so-called master plan to cell tower locations.

Mr. Kelly said he could give a general footprint. First would be one that does not require lights with a second one at the Town Hall, and what can be done if they lose connectivity. Further, it was requested what they would look like if using both sites, Harmony Hill Road and the Town Hall.

Jim Covey spoke vehemently against the proposed location. He stated that he felt the Town Hall site had been totally dismissed, and there was no consideration given to the quality of life in this town. He stated for those who did not know that these Routes (3 and 302) have been designated White Mountain Trail National Byway, and as such are marketed nationally and internationally and draw people from all over the world because of their unique natural qualities. Mr. Covey said Governor Lynch, State Senator Gallus, and Executive Councilor Burton are all concerned and will listen to the townspeople. He urged people to stand up to this and to exhaust every means to not turn this into “a giant metal field.”

(Selectman) Allen Strasser, who spoke as a private citizen, a pilot, and “someone who likes his cell phone to work”, is most interested in finding a solution that will work. He thinks they need to model other sites, and suggested something at Bretton Woods, such as the top of the quad (which he was reminded is in Bethlehem and therefore, this is the wrong forum). He feels somewhere in that vicinity (which would be in the Town of Carroll) would work and they may be able to drop the height when up there and would be above Cherry Mountain and Mount Agassiz, and possibly look at other sites. Chairman Birknes opined that they might then tie into something shorter in town. Mr. Kelly advised that distance as well as height is a factor.

The question arose if the Federal Government had defined what kind of service, such as type or quality. Discussion took place regarding the fact that communities shall not effectively prohibit service, and that if a cell phone company has a gap, it must be addressed. In this case, Verizon cell phones may work, but they may get service because they are roaming on someone else’s tower. By finding out exactly which frequency Verizon has authority over, this will tell whether roaming or their own is providing the service. Chairman Birknes read the ruling on cell towers, and said just because people don’t like it cannot be used against it, and while aesthetics are important, they alone, are not enough either. If a need is shown, it must be provided for. It was asked why the National Forest is exempt from being built in. Mr. Kelly said there was some talk a number of years ago about trying to do so, but they would not release the land. It was commented that at the beginning of the meeting all the letters read were in opposition, and while Verizon may be legally within their rights, and because they will want to install others in the future, if would be in their best interest to look at other options. It was also stated that they are asking for the maximum, 180 feet, but it does not mean they should not negotiate.

Atty. Hildreth responded that while opposition is not unfamiliar, it is not their intent to have it, and they do try to address issues. While they prefer to use sites already in existence or rooftops if appropriate, they are not always available.

There was further discussion concerning the lost mile on Route 302 and about a tower that might cover other areas of town such as Lennon Road. They were once again urged to model other sites and to find out what alternatives might be used – such as if there could be a smaller one at the Town Hall, maybe there could be a smaller one elsewhere, but the engineers were asked to start with the Town Hall. If there are other possible sites, Atty. Hildreth and Mr. Kelly assured that they will do balloon tests.

Mr. Simmons, owner of the adjacent Harmony Hill Road property, asked where the driveway would be to the new location as he was concerned it may be from his own driveway. Atty. Hildreth assured him it is totally on the Wyman property and added that Verizon could not use his property without his permission. Mr. Simmons also voiced his concern on the impact on property values. He has spoken with several real estate agents and most said the value would be decreased. Mrs. Simmons expressed appreciation for it being moved.

A brief discussion of the concept of cellular communication and satellite service took place. It was stated that satellites do not have the capacity for service that cell service does and at this point they complement, rather than compete with each other.

With the hour being 9:00 p.m., and knowing the hearing would have to be continued, Chairman Birknes entertained a Motion to: adjourn and continue the hearing to Wednesday, March 14. Evan Karpf moved the Motion and Connie Oliver seconded. It was approved unanimously.

The Chairman declared the hearing suspended until its continuation in March, at 9:05 p.m.

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