DUNBARTON ZONING BOARD OF ADJUSTMENT

DUNBARTON ZONING BOARD OF ADJUSTMENT

MONDAY, JULY 11, 2005

TOWN OFFICES – 7:00 P.M.

The regular monthly meeting of the Dunbarton Zoning Board of Adjustment was held at the above time, date and place with Chairman John Trottier presiding. The following members were present:

John Trottier, Chairman

John Herlihy, Vice Chairman

Alison Vallieres, Secretary

David Nault

Ron Slocum

Dan DalPra, Alternate

Kenneth Swayze, Admin., Planning and Zoning Department

The Chairman verified with the Secretary that the Public Meeting Notice had been posted in three places throughout the Town and published in the Concord Monitor for one day. In addition, the Public Notice had been posted on the Dunbarton Web Page.

Approval of Previous Meeting Minutes: Monday, June 13, 2005

A motion was made by John Herlihy, seconded by David Nault and passed unanimously that the minutes of the previous meeting of Monday, June 13, 2005 be approved as written.

7:00 p.m. – PUBLIC HEARING –Regarding issuance of a height and area variance to applicant USCOC of New Hampshire, Inc., d/b/a US Cellular in order to construct a 150 foot tall wireless telecommunications facility and

related equipment and utilities on a wooded portion of a six-acre parcel

of land known as 12 Powell Lane, Tax Map C-3, Lot 5-7, located in the

Town of Dunbarton's Low Density Residential Zone and approval of

reasonable conditions associated with the siting of the cell tower which

is the subject of US Cellular's variance application.

The Chairman noted that the Town Attorney was not present to advise the Board with regard to the Cell Tower Variance. He presented correspondence for the Board’s information with regard to the Cell Tower from Devine Millimet (Attorney Stephen Grill) (attached). Based on the fact that the Board had no legal counsel at this time, the Public Hearing was moved to the end of the meeting in hopes that Town Counsel would be present by the following motion.

MOTION:

John Trottier made a motion that the Dunbarton Zoning Board of Adjustment move the Public Hearing down the agenda to give an opportunity for Town Counsel to be present at the discussion. John Herlihy seconded the motion. The motion passed unanimously.

7:15 p.m. - CONTINUED PUBLIC HEARING - GUY AND DAWN DOUCET (E5-3-16) REQUEST FOR A SPECIAL EXCEPTION TO ARTICLE 11. D. 3. TO ALLOW THEM TO CONTINUE A LOG-SORTING BUSINESS AT THEIR PROPERTY LOCATED ON 14 JACQUELINE DRIVE IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH.

Guy Doucet appeared before the Board regarding the above request for a Special Exception to continue to operate a Log Sorting Business at his property.

Guy Doucet stated it was very difficult for him to separate out the sub-contractors loads from loads which he brought out in his own truck. He would estimate the total loads, including his, to be 70 loads per month. (This would include loads which were taken directly from the log site to the mill and not brought back to Jacqueline Drive.)

Dan DalPra asked what the 70 loads per month represents? How many of these are sub-contractors? Dan DalPra stated the Board needs to take into consideration all the trips that are going up and down the road.

Guy Doucet stated he would leave with a load in the morning when he goes to work and possibly bring a load back home in the evening. Sometimes he might bring a load back in the middle of the day, etc.

Abutters were read as follows and noted all had been notified by certified mail:

Tony/Christine Pelletier - Present. Stated they had contacted a Real Estate Appraiser regarding valuation of their property with a log sorting business next door. They presented a letter from Kenneth J. Garceau, Fred Garceau Real Estate Appraisals. (attached)

Jason/Jody Davies – Not Present

Brad Asbury/Donna Fleming – Present. Asked if there was an opportunity for them to review the evidence that has been submitted that you are reviewing in making your decision.

John Trottier stated that his thought was that the board will make a decision this evening based on all the evidence presented to date. You have 30 days to appeal our decision. You should get copies of all meeting minutes, etc. from the Town Offices.

Kimberly Bowen – Not Present.

Board Discussion:

At this point in the meeting, John Trottier closed the Public Hearing.

John Trottier noted that Guy Doucet’s Attorney, Andrew Sullivan, had addressed the questions regarding a Special Exception on January 26, 2005. (attached) The Board reviewed the answers to the Special Exception questions.

MOTION:

John Trottier made a motion that the Dunbarton Zoning Board of Adjustment grant the request from Guy and Dawn Doucet for a Special Exception to Article 11. D. 3 for a log sorting operation at their property located on 14 Jacqueline Drive on Map E, Block 5, Lot 16 in the Low Density District in Dunbarton, NH with the following conditions:

1. All log sorting operations, equipment and truck storage to be entirely on Map E, Block 5, Lot 16. All sorting, loading and unloading of logs will be performed within the area as denoted as being the existing staging area as identified on the plan provided by Jacques Belanger, Surveyor, dated

2. All sorting, loading and unloading of logs by Applicant will be performed between the hours of 8 am and 4 pm Monday through Friday and be limited to five (5) loads per week, in accordance with information provided by the Applicant (written response and appraisal). No sorting, loading and unloading of logs will be performed on Saturdays or Sundays.

3. All sorting, loading and unloading of logs, by subcontractors will be performed between the hours of 8 am and 4 pm Monday through Friday and be limited to four (4) loads per week, in accordance with information provided by the Applicant (written response and appraisal). No sorting, loading and unloading of logs will be performed on Saturdays or Sundays.

4. All sorting, loading and unloading of logs, by the Applicant and its subcontractors will be performed on the existing staging area of 17,000 square feet as identified on the plan dated 5/9/05.

5. All equipment and trucks owned by Precision Timber Harvesting, Inc. and its subcontractors is to be parked on Map E, Block 5, Lot 16. No off-site parking of equipment and trucks associated

with Precision Timber Harvesting, Inc. and its subcontractors will be permitted on Jacqueline

Drive.

6. No wood processing (chipping, firewood, milling) to be performed on Map E, Block 5, Lot 16.

7. 250 gallon fuel above ground storage tank to be in accordance with any and all current local, State, and Federal regulations.

8. Lighting to be permitted only at 250 gallon fuel above ground storage tank. Lighting levels to be in accordance with Town of Dunbarton Planning Board Regulations and be down cast and shielded.

9. Dust control on Map E, Block 5, Lot 16 will be controlled by existing sprinkler system and Construction entrance to be constructed in accordance with New Hampshire Department of Environmental Services (NHDES) Green Book.

10. Log sorting operation on Map E, Block 5, Lot 16, as approved under this application, will require approval of the Town of Dunbarton Planning Board.

11. Any further expansion of log sorting operations on Map E, Block 5, Lot 16 will require approval of the Town of Dunbarton Zoning Board of Adjustment and Planning Board.

12. Install fence as presented on the plan.

David Nault seconded the motion.

Discussion:

John Trottier noted the following members would be voting on this issue this evening:

John Trottier

John Herlihy

Alison Vallieres

David Nault

Ron Slocum

Ron Slocum asked about the parking off Jacqueline Drive in the Town of Bow. It was noted by the Board that we have no control over what is going on in the Town of Bow. In addition, Guy Doucet has written permission from Don Lane to park vehicles on the Lane property in the Town of Bow.

Dan DalPra stated he wanted to be sure that the conditions include trips made at the beginning of the day when he (Doucet) leaves as well as deliveries at the end of the day, and also include any trips in between.

Dan DalPra asked if there could be some sort of condition put on the Special Exception that any new owner would have to come to the Zoning Board of Adjustment for approval, etc.

The Board noted that Special Exceptions run with the land and not the applicant therefore the above would not be possible.

The motion passed by a majority vote as follows:

Trottier – Yes

Herlihy – Yes

Vallieres – Yes

Nault – Yes

Slocum - No

7:30 p.m. – CONTINUED PUBLIC HEARING – REGARDING A REQUEST FROM MICHAEL FORTIER (K1-7-5) FOR A VARIANCE TO ARTICLE 5, SECTION F. (WETLANDS CONSERVATION DISTRICT) AND A SECOND VARIANCE TO ARTICLE 4, SECTION B. TO ALLOW HIM TO ADD A 16’ X 30’ SECOND FLOOR TO AN EXISTING TWO BEDROOM HOME WITH A 6’ X 16’ BALCONY CLOSER THAN THE REQUIRED 125 SETBACK FROM THE WETLANDS CONSERVATION DISTRICT AND TO RECONSTRUCT EXISTING GARAGE ROOF TO REPLACE 6/12 ROOF TRUSS WITH 12/12 ROOF TRUSS WITHIN THE SAME FOOTPRINT AT HIS PROPERTY LOCATED ON 15 KAREN ROAD (GORHAM POND) IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Michael Fortier appeared before the Board with an updated plan showing the increase in the roof height for the existing garage. (attached) The total height of the new roof will be 22 feet 6 inches.

The Board noted there had been a Site Walk on Wednesday, June 22, 2005 which John Trottier, John Herlihy, Alison Vallieres and Leo Martel attended. In addition, Dan DalPra stated that he had looked at the site today. David Nault stated he had not been able to look at the site.

Michael Fortier presented a letter to the Board from Peter Schauer regarding the mapping of the Wetlands Conservation District and what method was used, etc. as requested by the Dunbarton Zoning Board of Adjustment. (attached)

Dan DalPra asked what the reason was for changing the pitch of the roof on the garage.

Mr. Fortier stated that he would have more storage space. It will not be additional living space. It will be unheated. Mr. Fortier stated there is a small wood stove in the garage presently but would not consider heating the garage, etc. It would not be considered a living area.

Mr. Fortier stated he has a small office for his computer in the existing house. He presently stores things in the garage. Stated he does woodworking which is a hobby in the garage, probably makes one or two items a year for his home.

The Board asked Mr. Fortier to address the questions necessary for the granting of a Variance first for the Wetlands Conservation District Variance as follows:

a. No diminution in values of surrounding properties would be suffered;

Granting the variance would increase value of surrounding homes by upgrading the present dwelling, which is in many ways obsolete, to a modern structure. The addition will improve the value of this property and the neighborhood in general. It is common knowledge that when houses are improved, property values increase. The addition will be compatible in style, size and design with the existing houses in the neighborhood.

b. Granting the variance would be of benefit to the public interest;

It is generally in the public interest for property owners to be able to improve their properties as they become obsolete. This increases the tax base for the town, the general attractiveness of the town and property values in general.

c. Denial of the variance would result in unnecessary hardship to the owner seeking it;

A hardship is when:

in the neighborhood and elsewhere in town on small lots which have been rehabilitated to keep up with economic and other developments over several decades. It is reasonable for property owners to want to modify their houses to make them more livable and up to date.

2. There is no fair and substantial relationship between the general purposes of the zoning ordinance and the specific restriction on this property. The zoning ordinance is designed to prevent crowding and over development. In this case, because the addition will occupy the same footprint, there will be no increase in crowding and no over development.

3. The variance will not injure the public or private rights of others. By adding an additional story in the same footprint, there will be no injury to the public or the private rights of others. In fact, most neighbors are in favor of this request.

4. Everyone has been allowed to develop their property. We want to be treated fairly. We are trying to stay within the spirit of the Ordinance.

d. Granting the variance would do substantial justice;

The Town in the past has interpreted its ordinance to permit construction of new or modified buildings on non-conforming lots on the same footprint, both in this neighborhood and others. We ask that the ordinance be uniformly applied so that we receive the same treatment.

e. The use would not be contrary to the spirit of the Ordinance;

As stated above, we only wish to continue an allowed residential use which would be compatible with other houses in the neighborhood and elsewhere in town which have been improved on old footprints. This does not increase crowding or create any other problems that zoning is designed to prevent. In fact, because so many lots in Dunbarton are undersized, not permitting redevelopment of older homes on these lots would perpetuate the existence of older obsolete housing stock which would become unsightly and depress housing values in general.

Mike Fortier addressed the questions necessary for the granting of the second Variance to allow him to reconstruct the existing garage roof within the same footprint as follows:

a. No diminution in values of surrounding properties would be suffered;

b. Granting the variance would be of benefit to the public interest;

c. Denial of the variance would result in unnecessary hardship to the owner seeking it;

A hardship is when:

1. The zoning restriction as applied to the property interferes with its reasonable use, considering its unique setting. The setting here is unique because the lot was created and the house built many decades ago before zoning. The lot is nonconforming in dimensions and the house is obsolete. The addition will not present any greater degree of nonconformity because it will sit on the same footprint. Although larger in height, it will be consistent with other older houses in the neighborhood and elsewhere in town on small lots which have been rehabilitated to keep up with economic and other developments over several decades. It is reasonable for property owners to want to modify their houses to make them more livable and up to date.

There is no fair and substantial relationship between the general purposes of the zoning ordinance and the specific restriction on this property. The zoning ordinance is designed to prevent crowding and over development. In this case, because the addition will occupy the same footprint, there will be no increase in crowding and no over development.

2. The variance will not injure the public or private rights of others. By adding an additional story in the same footprint, there will be no injury to the public or the private rights of others. In fact, most neighbors are in favor of this request.

3. Everyone has been allowed to develop their property. We want to be treated fairly. We are trying to stay within the spirit of the Ordinance.

d. Granting the variance would do substantial justice;

e. The use would not be contrary to the spirit of the Ordinance

Abutters were read as follows and noted that all were notified by certified mail:

Debra Bartteau/R. Gordon – Debra Bartteau present. Stated that she had noticed a discrepancy in the easement width which is between her property and Fortier’s. Wanted to make sure the Board was aware of this. She presented a copy of a plan which she got when she purchased her property. In addition, she presented a copy of the approved septic design for her property for the Board’s information.

The Board noted the applicant’s intention is to go up vertically so the easement would not be affected by the Variance. In addition, the Board noted the Fortier’s plan was a certified plot plan and would be judged as correct.

Rex/Barbie Larhette – Not Present

Denise and David Kremidas – Present. Stated he wanted the Board to know that after the last meeting in the parking lot, Mike Fortier threated me and Forest Melendy with him (Fortier) saying he would put up a “spite fence”. He (Kremidas) wanted this to be part of the record.

Terry/Sandra Johnson – Not Present

Other Members of the Public:

Mrs. Anita Melendy – Stated that she looks through Mike Fortier’s property on the easement. Since Mike Fortier had his land surveyed and the next day after the last meeting, Mr. Fortier had put up a clothesline up and hung sheets, etc. on it. This is a hazard. In the process of building, is this going to escalate? I have a right to get down to the pond. There was no clothesline there before. The clothesline was put up the day after the meeting and then he came to my house and apologized, etc.

Mike Fortier stated the clothesline was there when the property was purchased, and it is on our property. There is a concrete marker. All I did was show where the property line was.

Mrs. Melendy stated she has a right to be free of harassment.

John Trottier advised Mrs. Melendy that if she feels threatened and harassed, she should call the Dunbarton Police Department. This is a Civil Issue that needs to be resolved.

The Public Hearing was closed at 8:30 p.m.

MOTION:

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request from Michael Fortier (K1-7-5) for a Variance to Article 5, Section F. (Wetlands Conservation District) to allow him to add a 16’ x 30’ second floor to an existing two bedroom home with a 6’ x 16’ balcony closer than the required 125 foot setback from the Wetlands Conservation District and to reconstruct existing garage roof to replace 6/12 roof truss with 12/12 roof truss within the same footprint at his property located on 15 Karen Road (Gorham Pond) in the Low Density District in Dunbarton, NH. John Trottier seconded the motion. The motion passed unanimously.

MOTION:

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request from Michael Fortier (K1-7-5) for a Variance to Article 4, Section B. to allow him to add a 16’ x 30’ second floor to an existing two bedroom home with a 6’ x 16’ balcony and to reconstruct existing garage roof to replace 6/12 roof truss with 12/12 roof truss within the same foot print at his property located on 15 Karen Road (Gorham Pond) in the Low Density District in Dunbarton, NH. with the following conditions:

1. The garage area above the garage will be for storage only and never to be used as an office.

2. The house will remain at only two bedrooms.

David Nault seconded the motion.

The motion passed unanimously.

7:45 p.m. – PUBLIC HEARING – REGARDING A REQUEST FROM JONATHAN AND HOLLY RILEY (K1-5-1) FOR A VARIANCE TO ARTICLE 4. (USE AND DIMENSIONAL REGULATIONS) SECTION D. 1. A. & E. TO ALLOW THEM TO RAISE THE EXISTING STRUCTURE TO PUT A FULL FOUNDATION WITH PARTIAL WALKOUT AT THEIR PROPERTY LOCATED ON 7 GARY ROAD AT GORHAM POND IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, Alison Vallieres stepped down from the Board because of a conflict of interest.

At this point in the meeting, John Trottier read the following statement with regard to his serving on the Board:

“In accordance with the Town of Dunbarton’s Code of Ethics, as adopted on March 13, 2001 Section I. C. - Duty to Disclose I would like to publicly and for the record state that my wife Deborah, is currently employed by J. E. Belanger Land Surveying (Jacques Belanger) as the office manager.

As a member of the Town of Dunbarton ZBA, I feel that I can give the Applicant fair and equal treatment as it relates to this evening’s request for a Variance. Additionally, I feel I am not prejudiced to any degree regarding the pending matter, and I believe I can be totally fair and impartial.”

Both the applicants and all members of the Board had no problem with John Trottier serving as a voting member on this request.

Jonathan and Holly Riley appeared before the Board. They stated they wanted to put a standard foundation under their house. Presently, they have a cement block foundation which has cracks, etc. and was never

below the frost line. They presented pictures of the foundation showing cracks, etc. and why they want to replace it with a full foundation. (attached) They stated they don’t have a proper foundation presently, therefore want to put in a full foundation. They presently only have a crawl space. The property is at the corner of Gary Road and Gorham Drive. They stated the house is on a hill. It is very damp and gets a lot of moisture.

J. and H. Riley stated they would be raising the existing house and putting the full foundation in. There will be no living space in the proposed new full foundation. There will be a concrete slab in the basement. The foundation wall will be 8’ on one side and then drop to a 4’ wall and having a full wooden walkout. They stated they wanted to be able to do this work this summer because they will have to be living in a camper when the work is being done.

John Trottier stated they would need to have a Waiver signed by them (Riley) relieving the abutters from any possible contamination of the Riley’s well because the 75 foot well setback went onto the abutters’ properties. This Waiver must be recorded at the Merrimack County Registry of Deeds.

At this point in the meeting, John Herlihy asked Ken Swayze, Building Department, what his thoughts were about this request.

Ken Swayze stated that the existing basement is as the applicants have described. They are planning on lifting the existing house and put a full foundation under it.

Dan DalPra suggested to the applicants that they make sure there is adequate drainage for the new foundation. Stated that the lake is the water table. He stated he did not feel this use was going to impact the neighbors.

John Herlihy stated he felt this would not impact the abutters and could sympathize with them in living in a camper while the work was being done.

The applicants answered the questions necessary for the granting of a Variance as follows:

a. No diminution in values of surrounding properties would be suffered;

Answer: No

b. Granting the variance would be of benefit to the public interest;

Answer: Yes

c. Denial of the variance would result in unnecessary hardship to the owner seeking it;

Answer: Yes, it would cause us hardship.

d. Granting the variance would do substantial justice;

Answer: Yes

e. The use would not be contrary to the spirit of the Ordinance.

Answer: No

Abutters were read as follows and noted that all had been notified by certified mail:

Peter/Patrisha Jasilewicz – Not Present

Clara M. Shelton, Trustee – Not Present

Maura/Thomas Smith – Not Present

Mary Beaubien – Not Present

Linda Mikol – Not Present

Charles Ruth – Not Present

Robert Boucherd/Doris Armstrong – Not Present

Steven/Linda Harrington – Not Present

Todd Whitney – Not Present

Jacques Belanger Surveying – Not Present (representing the applicants)

Other Members of the Public:

Michael Fortier stated that this is a good thing. They have done a good job of fixing the property and they should be granted the Variance.

The following members would be voting on this issue this evening:

John Trottier

John Herlihy

David Nault

Ron Slocum

Dan DalPra, Alternate for Alison Vallieres

MOTION:

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request for a Variance to Article 4. (Use and Dimensional Regulations) Section D. 1. A & E. from Jonathan and Holly Riley (K1-5-1) to allow them to raise the existing structure to put a full foundation with partial walkout at their property located on 7 Gary Road at Gorham Pond in the Low Density District in Dunbarton, NH subject to the following conditions:

1. A waiver signed by Jonathan and Holly Riley filed at the Merrimack County Registry of Deeds relieving any and all abutters affected by the 75 foot protective well radius of liability for contamination of the existing Riley well as shown on the Certified Plot Plan No. 758 by Jacques Belanger, Surveyor .

2. That the existing house will remain as a two bedroom home and that there be no additional living space or bedrooms.

The motion was seconded by Dan DalPra. The motion passed by a majority vote as follows:

John Herlihy – Yes

John Trottier – Abstained

David Nault – Yes

Ron Slocum – Yes

Dan DalPra - Yes

9:00 p.m. - INFORMAL DISCUSSION: Nobis Engineering, Inc. representing Al Bell and Jim Bath, Owners – Concept Plan of former Lorden Granted Special Exception for a PRD located on Grapevine Road in the Low Density District in Dunbarton, NH. (A Special Exception for a 22 lot PRD was granted on September 14, 1998. Applicants intend to utilize the existing Special Exception for moving forward with obtaining Subdivision approval from the Dunbarton Planning Board. )

At this point in the meeting, Alison Vallieres stepped back to the Board.

Chris Adams, Nobis Engineering, appeared before the Board on behalf of the applicants. He presented a complete copy of the Dunbarton Zoning Board of Adjustment minutes from September 14, 1998 when the Lorden Special Exception was approved. (attached)

The applicants were before the Zoning Board of Adjustment to confirm the fact that the Former Lorden Granted Special Exception was in fact the same as what they were proposing.

At this point in the meeting, John Herlihy asked the applicants if they intended to adhere to all the conditions that the Zoning Board had put on the approval on September 14, 1998. The applicants stated they did intend to adhere to all the conditions.

The Board noted that the Conservation Easement was not available to the Board at their September 14, 1998 meeting. The Board noted that as they remembered the easement, the easement area was to be opened to the public for cross country skiing, snowshoeing, hiking, etc. It would not be opened to motorized vehicles.

MOTION:

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment agrees that the Special Exception for the Lorden Property granted on September 14, 1998 shall remain intact and that nothing has changed. Would recommend that the Planning Board follow up on the Conservation Easement as stated on September 14, 1998. The motion was seconded and passed unanimously.

PUBLIC HEARING –Regarding issuance of a height and area variance to applicant USCOC of New Hampshire, Inc., d/b/a US Cellular in order to construct a 150 foot tall wireless telecommunications facility and

related equipment and utilities on a wooded portion of a six-acre parcel

of land known as 12 Powell Lane, Tax Map C-3, Lot 5-7, located in the

Town of Dunbarton's Low Density Residential Zone and approval of

reasonable conditions associated with the siting of the cell tower which

is the subject of US Cellular's variance application.

John Trottier noted the following members would be voting on the U. S. Cellular Decision.

John Trottier

John Herlihy

Alison Vallieres

David Nault

Ron Slocum

Board Discussion:

The Board members discussed the issue of whether the Town of Dunbarton should be responsible for costs for engineering, etc. to put Town services onto the proposed cell tower. The Board reached a consensus that U. S. Cellular had offered this to the Town in the beginning and the Board felt this should not be an expense to the Town of Dunbarton, therefore, the engineering costs for Town Services, etc. would be responsibility of US Cellular.

There were no abutters present.

MOTION:

John Trottier made a motion that the Dunbarton Zoning Board of Adjustment conditionally approve the request for a Variance to Article 4, Section B. of the Dunbarton Zoning Ordinance from U. S. Cellular on behalf of the owners, Richard and Nicolette Hecker (C3-5-7) to allow them to construct and operate a 150 foot free standing tower with antenna and a 12’ x 20’ ground equipment building at their property on 12 Powell Lane in the Low Density District in Dunbarton, NH subject to the following conditions:

If the facility is not in active use for a continuous period of one (1) year, it shall be deemed abandoned. Abandonment Plan/Dismantling Plan to be addressed under Site Plan Review by the Dunbarton Planning Board.

In the event the Tower is abandoned, the applicant shall promptly remove the same upon receipt of written notification declaring abandonment from the Town of Dunbarton.

Prior to construction, the applicant shall post a bond in a form acceptable to Town Counsel to cover the estimated cost of removal of the same, in an amount not less than $10,000.

To the extent there is room available on the Tower for additional antennas and the structural integrity thereof will not thereby be impaired, the applicant shall allow any other provider of personal wireless services to co-locate on the tower, on terms which are usual and customary in the wireless industry.

Antennas when installed shall not extend more than five (5) feet above the top of the Tower.

Town Safety Services (Police and Fire) shall be allowed to utilize available space on the Tower without rent. Structural analysis of the Tower for Town Safety Services will be performed by U. S. Cellular at no cost to the Town.

Subject to Planning Board Site Plan Review Approval.

No signage allowed on Tower.

Tower will be set at 150 feet from the property line. (Fall Zone)

Tower will look like a natural tree subject to Dunbarton Planning Board approval under Site Plan Review Process.

John Herlihy seconded the motion. The motion passed unanimously.

At this point in the meeting, Alison Vallieres, Secretary, reported that U. S. Cellular owes the Town of Dunbarton $1,620 in certified mailing costs and public notice expenses.

MOTION:

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment forward the bill for outstanding costs to Town Counsel for payment from U. S. Cellular. The motion was seconded and passed unanimously.

There being no further business, the meeting adjourned at 9:30 p.m.

Respectfully submitted,

Alison R. Vallieres

Secretary