WESTMORELAND ZONING BOARD OF ADJUSTMENT

Meeting of October 22, 2008

Present: Chairman Peter Remy, Brian Merry, Barry Shonbeck, Brenda Shelly, John Burt, and alternate Russell Huntley.

Chairman Remy called the meeting to order at 7:30 PM

Douglas Wilkes Hearing: Chairman Remy opened the hearing at 7:33 PM and informed the Board all notices had been posted and all abutters notified by certified mail. Mr. Wilkes is requesting a Variance of Article V, Section 501A, Table 502-#26 of the Westmoreland Zoning Ordinance. He is requesting approval to have a single family residence in a Commercial Zone. The house would be on 2 plus acres.

Attorney Barry Faulkner spoke in favor of the proposal of Mr. Wilkes. Attorney Faulkner informed the Board the house is in a commercial zone and has been there since the 50’s. Mr. Wilkes would like to subdivide the property into two lots, having 2 acres in for commercial use, and leave the house as is for residential use. Attorney Faulkner further informed the Board there is a twenty foot drop off behind the commercial building on Route 12, actually providing a buffer if subdivided into two lots. Mr. Wilkes is trying to sell the property and believes it is a hardship to sell the lot as one parcel. He believes if the land was subdivided and the house left for residential use, with the Commercial business on another lot the property would sell more quickly. Attorney Faulkner went over the five criteria for a Variance and believes Mr. Wilkes meets all five criteria.

There was discussion regarding a small strip of wetlands about 40 feet on the west side from the house. Mr. Wilkes believes if he has to tear the house down, if someone wanted to put up a commercial building there would be problems with the placement of a new septic system.

Barry Shonbeck stated the Rural Residential line is almost in front of the house, just across the Old Mill Road.

IN 2003 when Mr. Wilkes applied to build a Commercial Building on Route 12, there was discussion the house could stay as a rental property.

Chairman Remy closed the meeting at 8:04 PM. Chairman Remy opened the Hearing for AT&T at 8:08 PM. Chairman Remy informed the Board all notices had been posted and all abutters notified by certified mail. Shannon McManus representing AT&T informed the board they are requesting a Special Exception of Article 5, Section 501-B Table 503 to place three antenna modules and amplifiers on the existing 125 feet tower, to extend the tower by ten feet, and to build a 12’ x 20 building in the existing compound to house a diesel fueled generator, which would be used as a backup if the power goes off. Ms. McManus produced a map showing the tower and placement of the existing buildings and proposed buildings. Also where the three antenna modules and amplifiers would be placed on the tower. After discussion the Board determined that a Special Exception was needed for the placement of the antenna modules and amplifiers, and a Variance would be needed to extend the tower by ten feet, and a Site Plan Review by the Planning Board would be required regarding the placement of the proposed new building.

Chairman Remy closed the Hearing at 9:05 PM.

Chairman Remy informed the Board they would then take a vote on the request of Douglas Wilkes. Chair Remy went over the five criteria with the Board.

1. There would not be a diminution in value of surrounding properties as a result of the granting of this variance because nothing will be changing. The house remains in the same location as it always has.

2. The granting of this variance would not be contrary to the public interest because the house faces the residential district and the business faces the commercial district.

3. Since the zoning restriction as applied to the property does not interfere with the reasonable use of the property, considering the unique setting of the property in its environment such that the property has the existing house.

4. By granting this variance substantial justice would be done because it continues the residential neighborhood.

5. The use contemplated as result of obtaining this variance would not be contrary to the spirit of the ordinance.

A motion was made by John Burt to approve the request for a Variance as presented with the following condition. The house lot must be at least a minimum of two acres. Seconded by Brian Merry. Chairman Remy called for a vote. The vote was three in favor, two opposed. Motion Passed.

Chairman Remy informed the Board he would take a vote on the request for a Special Exception from AT&T to install three antenna modules and amplifiers on the existing Crown Castle Cell Tower. A motion was made by Brian Merry to approve the request for a Special Exception as presented with the following conditions:

1. The Special Exception is only for the placement of three antenna modules and amplifiers.

2. AT&T will need to attend the next meeting of the Zoning Board for a Variance to extend the tower by ten feet.

3. AT&T will need to attend the next Planning Board meeting for a Site Plan Review for the new building.

Seconded by Barry Shonbeck. All voted in favor. Motion Passed.

Chairman Remy proposed the Zoning Board and Planning Board hold a Joint Public Hearing on November 11, 2008. This date is the regularly scheduled meeting of the Planning Board. The Board agreed this would be in the best interest for AT&T to complete both transactions at the same time.

Ms. McManus stated she would be present at the Joint Public Hearing.

With no further hearings scheduled, John Burt moved to close the meeting. Seconded by Brenda Shelly. All in favor, so voted.

Chairman Remy closed the meeting at 9:38 PM.

Respectfully submitted,

Elaine Moore

Zoning Board Secretary