Call to order: Ms. Killam called the meeting to order at 7:40 PM.

Attorney Levine: Attorney Levine addressed the Board regarding the statutory authority of the related impact for child impact fees. He said that Frank Polito had previously brought up the indirect fees impact. The impact has to be a reasonably related impact according to statutory authority. He is concerned that land use controls with regard to legislative history is controlled through the planning boards and makes no mention of the ZBA. He is concerned that when involving the ZBA, any appeals will be done through the usual appeal process, which will bring it back to the ZBA for a decision. With special exceptions, appeals first go to the Planning Board and then to the ZBA and then back to the Planning Board for final approval. He feels there are too many channels to go through and too much room for conflict. Many other towns have instituted the waiver that the Planning Board originally had in the wording of the ordinance. He is asking the Board to rethink the procedure of having to go through the ZBA twice. He would like the statute to require reasonably related impacts.

Tim Dziechowski stated that the impact fees have to be related to the development’s impact to the Town for the fees to be incurred, and he does not feel any impact is being created with this development. The wording was changed from being a waiver to being a special exception because of its simplicity. Attorney Levine reiterated the legislative history of impact fees being the decision of the Planning Board and not the ZBA.

There was further discussion after the motion in which Paul DiMaggio discussed with the Board that the appeals should have to go through the ZBA. He feels the Planning Board should not have the only approval, and the process should involve the ZBA. Frank Polito had felt that the impact fees should not be waived, but impact fees can only be used for direct impacts. Attorney Levine again notes that case law makes it clear that the Planning Board has the authority to adjust and waive impact fees. Attorney Levine is asked why he is opposed to going before the ZBA as well, and he replies that he would like the process streamlined to eliminate any conflicts. Attorney Levine proposes that the wording be an exemption for 55+ waiving the impact fees. He does not agree with the multiple processes between the ZBA and the Planning Board for final approvals.

The Board discussed the upper limit of 80 hours for non-family working hours, the limit of how large a business can be, and the fact that it is unpredictable as to what an emergency should be and there should not be a limit on the amount of hours the business can operate.

The Board is comfortable with the 350 sq. ft. limitation and the residents felt the intent was for the tower to be in one particular area.

A discussion ensued after the vote in which Paul DiMaggio stated that he is against the aesthetics that the tower will destroy by being placed in the center of Town. He feels there are other ways besides placing a cell tower in the center of Town. Jack Sapia does not feel the safety of the residents and the police officers should be jeopardized. Chief Consentino informed the Board that there are particular areas of Town that are unobtainable on their portable or on their emergency buttons. The Town has areas of dead space. The Town is much more developed than it was 20-30 years ago, and the need now exists for better communications. Communications currently go through Plaistow, and the Town cannot communicate with Plaistow effectively without the tower. No one aesthetically wants the tower in the center of Town, but it is a necessity, and the center of Town is the only accessible place for the tower to be installed. Paul DiMaggio inquires about the tower at Hog Hill and why that tower is not being utilized. Chief Consentino stated that the company that will install the new tower and will install it at 100% at their own expense and will purchase some of the equipment. The tower on Hog Hill will only be taken down and replaced with a mono tower and new equipment installed. The Board of Selectmen felt the tower on Hog Hill would not be aesthetic for the residents living there. Jack Sapia informed the Board that all Mariner would do is put three antennas on the tower. Mr. Sapia felt the issues regarding the Hog Hill tower were legal issues not political. Paul DiMaggio then inquired about satellite telephones as another alternative to the tower, and Tim Dziechowski said the satellite telephones are subject to blackouts. Chief Consentino said there was no other feasible way to rectify the situation without a large expense being placed on the Town. With the tower, the Town is receiving $500,000 worth of equipment which lessens the expense to the Town. One other option was installing repeaters throughout Town for hundreds of thousands of dollars or having the company install the tower at the Town’s expense. Paul DiMaggio feels that home values will decline with the tower and that property taxes will rise with the repeaters. The zoning change does not automatically place the tower behind the Fire Station. The voters will be able to determine where the tower is located or it will be the decision of the Board of Selectmen. Lt. Baldwin is writing a warrant article, but does not have the specific site as of yet. He is writing the article to authorize the Board of Selectmen to enter into an agreement and raise money for the infrastructure. He feels that the best location for the tower will be behind the Fire Station because other areas in Town cannot get over Hog Hill in order to communicate with Plaistow. Residents of Hog Hill do not want the tower there either, and Hog Hill is not town-owned land. When the amendment passes, the Town can receive donated land or purchase land for a possible alternate location other than the center of Town for the placement of the tower. The communication devices that the police officers are currently using have a life span of about 20 years and do not want to have to invest in all new communications equipment. Lt. Baldwin would not put the risk of the citizens or the Police and Fire Departments before aesthetics.

This petition being presented is to enact a Zoning Amendment similar to the one just enacted by the Planning Board. Lt. Baldwin requests the Board continue this Citizen Petition until the January 10, 2007 public meeting in order to get the proper signatures to withdraw the Petition.

It is announced that the January 10, 2007 public hearing will not be televised.

Tim Dziechowski addressed the Board on the subject of municipal expansion in the center of Town. He would like the Board of Selectmen to be allowed to purchase property when the opportunities arise. There is a lot currently for sale which is .38 acres in the center of Town. In the past, the purchase of land has been done at the last minute, but now there needs to be a warrant article presented by the Board of Selectmen. He thinks the Town may be able to use the capital reserve fund if the property is not purchased through bonding. Jack Sapia feels the issue needs more discussion, including a plan or concept and not work on a short-term timeframe. Mr. Dziechowski is suggesting the Board of Selectmen put some mechanism in place to be able to purchase municipal land. Mr. Sapia will ask the Town Administrator what information he has on this subject. The current use funds can only go through the Conservation Commission, but the Board of Selectmen can use the capital reserves. It is suggested that money from the general fund be put into the capital reserves for such purchases.

The meeting was closed at 9:25 pm.

Next scheduled Public Hearing meeting January 10, 2007.

Respectfully submitted,

Raelene McBride