The Planning Board put a halt to a proposed plan for a cell phone tower on High Street on Thursday night, with a 3-2 vote to deny a conditional use permit that would allow for a tower in that zone.
The Planning Board did go on to approve the site plan for the tower, so the applicant can build any part of the surrounding structure, but cannot build the tower.
"There's no doubt this is the ideal location for the tower in terms of (coverage)," said Planning Board Chairman Greg Tillman, who voted against the conditional use permit. "But it seems that all the alternatives the applicant looked at were single sites. There weren't adequate attempts to look at dual sites. I also didn't think the applicant met the burden of showing this use is appropriate in this area."
The applicant, Industrial Tower and Wireless (ITW) came into Thursday's meeting fresh off a court decision that upheld a variance granted by the Epping Zoning Board of Adjustment for a 150-foot tower.
The ZBA had granted the variance because the town's ordinance allows for a maximum height of 90 feet for a cell phone tower in town. That decision was upheld by the N.H. Superior Court.
That court decision held no bearing on the Planning Board's decision however, as the board voted not to allow the conditional use permit, thereby stopping, or at least delaying the tower's erection. ITW still has the option of appealing that decision.
"We aren't ready to comment on what we're going to do next," said attorney Mark Beliveau after the decision was rendered.
"We don't know what we're going to do next." Beliveau had hinted at a court appearance earlier in the meeting when he told the board that he believed their efforts in studying 86 different sites in town to see if there was a better location were not only adequate, but above and beyond.
"To suggest we need to do more is not only unreasonable, but unlawful and, frankly, it shows bad faith," Beliveau said.
He said the site where the proposed tower would be built is deep in a forested area, where it would be out of sight of most people, with the exception of some of the abutters.
Jeff Spear, lawyer for Jane Burley, one of the abutters, said he didn't feel like ITW had done enough in regards to searching for alternate sites.
"The town adopted a wise and future-sighted ordinance," Spear said. "That ordinance states that these towers may not be higher than 90 feet. ITW is working on their ideal location, but they have not met the ordinance." Beliveau pointed out that the ZBA variance settled the issue of height, and that the variance had held up in court, (although it is now being appealed to the state Supreme Court by Burley and other abutters).
Burley told the board that she has talked with Col. Scott Booth of the New Hampshire State Police Troop A, and she said Booth said they would be willing to share space on the state police cell tower.
Beliveau said that he had spoken to professionals who told him that state police do not share their towers with private enterprises.
Board members expressed a variety of views in the decisions behind their votes.
Planning Board members Susan McGeough and Steve Colby agreed with Tillman's assessment that there was not enough research done on alternate sites.
"I thought the opposition brought up some good points tonight," McGeough said. "Certainly the state police tower sounds like a good option. Even if the police tower isn't big enough, why not build it there and have the police and cell phone companies use it?" Colby said that if the proposed tower was a 90-foot tower, rather than 150 feet, his opinion may have been different.
Tillman, however, said the height was irrelevant in his decision, because he didn't believe the site was an appropriate location for the tower.
Tom Dwyer spoke in strong support of granting the permit. He and Mike Morasco were the dissenting voters.
"I think this is the best spot to put the tower," Dwyer said. "You can't tell me there's not a coverage gap in Epping. When we had the floods there are a lot of people in that area who could've used cell phones, but they couldn't." Morasco had very different reasons for voting in favor granting the permit.
"Do I like the idea of a tower going in here? No, I don't," Morasco said. "But, do I think we can legally prevent it? No, I don't."
The decision was a bit of a twist in the process of the application, which has gone on for more than a year between the Zoning and Planning boards.
While Beliveau and ITW were not ready to comment on what comes next for them, Burley said, "I am very pleased with the decision. And I hope the tower will be placed somewhere in town near the highway."
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Cell phone tower proposal in Epping denied
Source: Seacoast Online
Date: 03/11/2008
