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From the Baysider...

ZBA grants one cell tower variance
by Adam Drapcho
Staff Writer

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December 07, 2006
ALTON — It was incremental progress, but after about a year of meetings, it was progress nonetheless for the applicants who wish to build two 120-foot tall telecommunications towers in Alton.

At a Zoning Board of Adjustment meeting on Nov. 30, the ZBA granted a height variance for one of the proposed towers, for the proposed Roberts Knoll location in northern Alton. The board will meet on Monday, Dec. 11, to discuss the height variance needed for the second proposed site, on Miramichie Hill near Route 28A.

After receiving the height variances, the applicant – Industrial Communications – will have to go before the Planning Board to get the site plans approved. The possibility exists that the applicant could have to go back before the ZBA, should the Planning Board find further variances to be necessary.

Milestone passed

"I half-heartedly wanted to say 'Happy Anniversary,' since we've sat here for a year now," said Earl Duval, an attorney representing Industrial Communications.

According to the town's recently adopted telecommunications ordinance, cell phone towers may be constructed nearly anywhere in town, but they are restricted in height to being no more than 10 feet higher than the average tree canopy of the site.

Duval called the ordinance "fatally flawed," due to its height restrictions. At only 10 feet taller than the average canopy, Duval said the towers wouldn't be able to provide adequate service. "It does not work," he said.

ZBA members had fewer concerns about the Roberts Knoll location, mostly because of the result of a balloon test held in September, when Industrial Communications released colored balloons tethered to the height of the proposed towers. While the balloons at the Miramichie Hill location were easily visible from many places around Alton Bay, the Roberts Knoll balloons were only visible from a nearby gravel pit and the Roberts Knoll campground.

Sylvia Leggett, owner of Roberts Knoll Campground, who will be leasing the land for the proposed cell tower, spoke in favor of the height variance. Leggett said improved cell phone service in town would help the town's "tourist-friendly" image. "It would provide a great service for the residents and the tourists," she said.

Other residents, however, spoke in response to Duval calling the ordinance "fatally flawed." Resident Charles Weston commented that other towns in New Hampshire have similar ordinances limiting tower height. "Apparently the towers work in other towns, and don't have a problem with the '10-foot over' height." Resident David Slade made a similar comment.

Russ Wilson said all the evidence against a 10-foot over height is theoretical. "In real life it's going to work."

"It's not within the purvey of this board to decide whether or not this ordinance is fatally flawed," stated ZBA member Timothy Morgan. "It's the law of this town until someone other than us decides that it's fatally flawed."

The board ultimately decided to grant a height variance for the Roberts Knoll site, but only with the stipulation that the tower will be camouflaged to look like a tree, and that no lights are to be placed on the pole unless required so by a governmental agency.

The board began discussion about the height variance for the second proposed tower, but ran out of time before deliberations could begin.

Hobey Livingston, a local aviation enthusiast, said he can see hundreds of lights and vertical obtrusions dotting the landscape, including lots of telephone poles. "Yes, I can see the poles from my plane, should I be offended by this?" What's the remedy, he asked, ripping out the telephone infrastructure, and forcing residents to turn off their lights at night? He urged the board to grant a height variance, because the taller tower will be able to support several phone companies. "It will prevent the building of more towers, instead of having each carrier come in and build their own tower," he said.

Resident Alden Norman questioned whether the Miramichie Hill facility would indeed fill the "coverage gaps" that the applicants have described along Routes 28 and 11. Once these towers are permitted, Norman foresaw more companies looking to follow.

"This is just the start of several towers. More towers are on the horizon, you folks have to be cognizant of setting a precedent," Norman said.

Slade, whose property abuts the proposed Miramichie Hill site, offered extensive testimony arguing that the proposed facility would diminish his property value. Slade also said that the applicants hadn't explored alternative sites, as he felt the ordinance required them to do. Both of Slade's opinions were contested by the applicants.

The Dec. 11 ZBA meeting will begin at 6:30 p.m.