APPROVED

TOWN OF PELHAM

ZONING BOARD OF ADJUSTMENT MEETING

December 11, 2000

 

The Chairman, Walter Kosik, called the meeting to order at approximately 7:30 pm.

 

The Clerk, Mr. George LaBonte, called the roll:

 

PRESENT:

Walter Kosik, Edmund Gleason, George LaBonte, Jr., Peter McNamara, Peter LaPolice, Alternate David Hennessey, Alternate Carolyn Carter

 

ABSENT:

Alternate Jim Bundock

 

The Chairman announced that Ms. Carter and Mr. Hennessey would be voting for Mr. LaPolice and

Mr. LaBonte

 

CASE #2186 - Second Generation Properties, LLP - Seeking an Appeal to permit construction of a communications tower within a residential district

 

Mr. Kosik said the Board would discuss amongst themselves and no testimony would be heard.

 

Mr. Kosik let it be known that the voting members for the appeal would be the same members, which heard the case.The members were as follows: Mr. Kosik, Mr. Gleason, Mr. McNamara, Mr. Hennessey and Ms. Carter.Mr. Bundock, who was absent for the meeting, had stepped down during the initial hearing for the case.

 

Ms. Carter asked since there were no members present for the tower, if the Board had to continue with the hearing.Mr. Kosik answered yes, the Board would have to vote upon the appeal and felt the members should be able to make a judgement based on the brief they received in the mail.

 

Mr. Gleason made a motion to deny the appeal.Mr. Hennessey seconded.

 

Mr. Hennessey said he had carefully read the brief, and it appeared that the position of the proponent was that Federal Law superceded Local Zoning Law.He said as addressed at the hearing, the case didnít meet the hardship criteria in two ways.First, under the definition of hardship, in the New Hampshire State Law, the Board had no choice to reject because the land could be used for residential.Second, testimony heard from a number of people and Board members, which in their opinion, the Town is adequately covered for cell towers which supports zoning.

 

Mr. McNamara spoke of his recollection of the hearing, which was the concern of the height of the Tower being in violation of the ordinance.He said that was not part of the criteria, but felt that would be sufficient for denial.

 

Mr. Kosik stated that it was not a permitted use within a residential zone, which also exceeded the height allowed by the zoning regulations.

 

Mr. Gleason added that during the hearing he was unsatisfied with the documented evidence that they had adequately screened the area for alternate sources, specifically in the Hudson area adjacent to Pelham, which was owned by Mr. Tamposey.He summarized to say, he didnít feel they were in accordance with the Town Ordinance, and there were not adequate documents, which showed evidence that they had searched elsewhere for suitable sites.

 

Mr. Kosik said in his opinion, the Boardís decision was made in accordance with the Townís Zoning Ordinance.He said the members had written that the case did not meet the criteria for hardship.

 

MOTION:

(Gleason/Hennessey) To deny the appeal.

 

VOTE:††

(5 - 0 - 0) The motion carries.

 

MINUTES REVIEW

 

November 13, 2000

 

MOTION:

 

 

(Gleason/McNamara) To accept the minutes of the November 13, 2000 Board meeting as read.

VOTE:††

(5 - 0 - 0) The motion carries.Mr. LaPolice and Mr. LaBonte abstained.

 

ADJOURNMENT

 

MOTION:

(Gleason/LaBonte) To adjourn the meeting.

 

VOTE:

(7 - 0 - 0) The motion carries.

 

The meeting was adjourned at approximately 7:44 pm.

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charity A.L. Willis††††††††††††††

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Recording Secretary