Town of Lisbon
Zoning Board of Adjustment Minutes
September 8, 2010
6:00 pm meeting opened.
Members present: Scott Champagne (SC), Bobbie Clark (BC), Mark Fahlbeck (MF), Jim Ingerson (JI) absent, Barry Lucas (BL)
Administrative Assistant: Barbara Menchin
Public: Tom Joyce (NCIC), Susan Wheeler (NCIC), Steve Smith, Shirley Schneider, Cynthia Morgan
A motion was made by SC to accept the minutes of July 14, 2010 meeting, BC 2nd, so voted all.
PUBLIC HEARING:
BC started the hearing by stating the purpose of the Hearing which is a request for a Special Exception by NCIC for the purpose of installing a personal/commercial wireless communication facility on a lased portion of land owned by Steven L Smith on a single undivided lot on R39 – Lot 001 containing approximately 187 acres located on the Gulf Road. BC turned the floor over to Mr. Joyce of NCIC.
Mr. Tom Joyce of NCIC spoke to the Board regarding his company and what his intentions are for a wireless broadband network service for people who have no access to internet in the area. He told the Board how long he had been in business and the various areas he has installed this service. He discussed weather factors and how they interfere with satellite services. He stated the pole he would be installing is 88 feet from the ground that is shorter than the existing radio antenna located on the same property. He stated that because of the town’s topography, wireless was the best solution for people to receive Internet.
SC asked if Mr. Joyce was receiving Federal Funds for this project and Mr. Joyce stated yes. SC further asked what areas in this state have approved this project. Mr. Joyce stated the Town of Lyman, he has spoken to the Landaff Board of Selectmen, and the Sugar Hill Board of Selectmen. In Coos County the towns of Whitefield, Jefferson, Lancaster and Stratford have approved him.
BC asked if this would serve the valleys in Lisbon and Sugar Hill. Mr. Joyce stated his service is a point-to-point service so that all of the antennas could talk to each other. Mr. Joyce further told BC that NCIC has hired an engineer from Manchester called C-Squared Systems to locate the points for the antennas.
At the conclusion of the Boards questions, BC asked if there were any abutters with questions.
Ms. Schneider asked if the antenna would interrupt anything in her home such as her cell phone. Mr. Joyce stated no. Ms. Schneider then asked if she would be able to see the tower from her house. It was stated she would possibly see the very top of it but that the other antenna was 180 feet high and that she can only see a very small part of that one. BC stated that he and SC had ridden around looking at the area and he felt as if the only place the antenna may be seen would be from Kathy Rae Drive.
Mr. Joyce stated there is an alarm system that goes off if there are any problems with the system and he would have a local technician to make the necessary repairs.
MF asked Mr. Joyce if there would be any issues with the other antenna and Mr. Joyce stated no.
The Board noted that all abutters were notified by certified mail and all receipts were returned. He asked BM if there had been any other abutter’s questions by phone or mail. BM stated Ms. Frances Wenig asked about it but had no problems or fears concerning the antenna.
As there were no further questions from the abutters, BC stated they were going into deliberation and asked for a motion on each of the elements for a Special Exception.
SC stated “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.01 that the specific site is an appropriate location for the use.” MF 2nd.
BC asked if there was any discussion.
BC stated he and SC had looked at the location. He stated there was already an existing tower in the area and that you have to look for that one. He further stated this one would be shorter. He stated the site was out of the way and does appear to do what it is needed to do.
MF stated that based on the plans, it appeared to be an ideal location.
SC stated he viewed the site and the site looked ok to him.
BC asked if there were any other comments or questions on that motion. BC read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
BC stated: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.02 that: Property values in the district will not be reduced by the use.” MF 2nd.
BC stated he didn’t think it would reduce the values as it is out in the middle of nowhere and won’t affect anyone.
MF stated he felt the service was wise and a plus for the community.
SC stated he felt the same that there would be no reduction of values and was a plus for the area.
BC asked if there were any other comments or questions on that motion. BC read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
SC stated: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.03 that: The use will not adversely affect the adjacent area and there are not reasonable objections by the owners of the abutting land.” BC 2nd.
SC stated he doesn’t see any objections.
BC stated the questions that were asked by the abutters were good questions and those abutters have no real worries about the project.
MF stated he felt as if the abutter questions were very good and sees no objections.
BC asked if there were any other comments or questions on that motion. BC read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
BC stated: Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.04 that no nuisance or unreasonable hazard will result.” SC 2nd.
BC stated the only hazard he could see would be Mother Nature and there would be no nuisance.
SC stated the power is there and there will be no new lines and there is no nuisance or hazards.
MF stated he felt that the antenna is shorter so it would be less prone to wind damage
BC asked if there were any other comments or questions on that motion. BC read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
BC said: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.05 that adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use.” SC 2nd.
BC stated he thinks the facility is appropriate. He further stated that maintenance didn’t seem to be an issue so he felt there would be no problems.
SC stated there is a good road to the facility, the area is great and the Lisbon Highway and Lisbon Police Departments will surely benefit.
MF stated he felt as if the monitoring speaks to the level of attention that has been given to this project.
BC asked if there were any other comments or questions on that motion. BC read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
SC stated: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with articles Article V Section 7.08 that the application by NCIC for a Special Exception concerning installing a personal/commercial wireless communication facility on a leased portion of land owned by Steven L. Smith on a single undivided lot on R39 – Lot 001 containing approximately 187 acres located at the Gulf Road meets all the criteria for Special Exception under the Lisbon Zoning Ordinance and is hereby granted a Special Exception by the Lisbon Zoning Board concerning such project.” MF 2nd.
BL said, “This is our final vote. We have already voted in the affirmative on everything else here this evening. Does anyone here have any further comments before this vote?”
The Board discussed conditions to be placed on the Special Exception. It was stated that all Federal, State and local conditions and permits be met, that NCIC would supply the Omni Antenna for the Police and Highway Department, that NCIC would supply the platform for the communications shelter and that the Town of Lisbon would furnish the Communication shelter.
Without any further comment BC read: “The application for NCIC for a special exception concerning Article V Section 5.07.8 meets all the criteria for a Special Exception under the Lisbon Zoning Ordinance and is hereby granted a Special Exception by the Lisbon Zoning Board concerning such project.
All in favor, none opposed. Motion passed.
BC stated “that concludes this hearing and our written decision will be issued in two weeks”.
BM to sign for BC.
Motion to close…….by SC, BC 2nd all in favor to close the meeting, none opposed. Meeting closed at 7:00 pm.
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