TOWN OF BOLTON

DESIGN REVIEW BOARD

 

NOTICE OF DECISION

 

This matter came before the Bolton Design Review Board (DRB) on the application of Kevin Barry, agent for Devon Mobile Communications (Applicant) and Alexander D. McEwing (Appellant/Landowner) for a variance from Bolton Zoning Ordinance Article VI, Section 8(B) permission to alter an existing communications tower. Having been duly warned, the DRB conducted a public hearing on July 18, 2001 to which Applicant Kevin Barry was present.

 

Based on the testimony provided at the above-mentioned public hearing and the documents submitted to the DRB (contained in the documents of file for this application), the DRB finds, concludes and decides as follows:

 

FINDINGS OF FACT

 

1>             Landowner owns a parcel of land situated on Robbin’s Mountain in the Town of Bolton which is located in the Conservation District and identified as tax map id #12-12005.3.

 

2>             It is the proposal of the Applicant to alter an existing communications tower by adding four panel antennae to the tower and including ancillary ground equipment to an existing building situated adjacent to the tower which will be connected with coaxial cable.

 

3>             Landowner did not appear nor offer any written testimony.

 

 

CONCLUSIONS

 

1> Landowner’s property is situated in the Conservation District as defined in Bolton Zoning Ordinance Article VI, Section 8.

 

2>   Variances may be granted if they meet the standards as set forth in Article IV, Section 3.

 

3>   Pursuant to Article IV, Section 3 (1) there must be unique physical circumstances or conditions and that unnecessary hardship is due to such conditions.  The DRB concludes that the subject parcel and tower are situated on the top of a mountain and that limited access and difficult terrain limits use and creates unique conditions.

 

4>   Pursuant to Article IV, Section 3 (2) that because of the unique physical circumstances, there is no possibility to meet the requirements in strict conformity with the provisions of the regulations and that the authorization of a variance is necessary to enable the reasonable use of the property.  The DRB concludes that there is no, or minimal, additional impact resulting from the Applicant’s proposed use of the pre-existing tower. There is no possibility to meet the requirements in strict conformity with the provisions of the regulations and that the authorization of a variance is necessary to enable the reasonable continued use of the property.

 

5>   Pursuant to Article IV, Section 3 (3) the unnecessary hardship cannot be created by the Appellant.  It is the conclusion of the DRB that the tower was erected prior to the regulations of the Bolton Zoning Ordinance and the location of the tower was not created by the Landowner or the Applicant.

 

6>   Pursuant to Article IV, Section 3 (4), the variance, if authorized, will not alter the essential character of the neighborhood, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to public welfare.  It is the conclusion of the DRB that the variance, if authorized, will not alter the character of the neighborhood, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to public welfare.

 

7>   Pursuant to Article IV, Section 3 (5), the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the Zoning Bylaw and Town Plan.  It is the conclusion of the DRB that the variance, if granted, will afford relief in the least deviation possible from the Bolton Zoning Ordinance and Town Plan.

 

DECISION

 

Based upon the Findings and Conclusions set forth above, the DRB unanimously approves the Landowner’s and Applicant’s request for a variance with the following conditions:

 

1>             That a total of four additional communication/antenna panels, approximately 4’ x 6’ each in size, be attached to the existing tower approximately 50’ from the ground with arms extending 5’-6’ from the tower.  No additional building or construction is approved.

2>             That a helicopter will be used to deliver cabling materials and the two additional/ancillary equipment cabinets that will be lodged in the existing housing at the base of the tower. That ground access to the tower is prohibited for any equipment or construction materials. It is understood that workers will access the tower via land but will do so with minimal impact and will protect against undue disturbance to trails and soils.

3>             That all four panels added to the tower will be earth-tone in color and will not contain any visible design or writing.

 

 

Signed;

 

 

Nancy R. Peck

Chair of the DRB

 

Members present and voting in favor: Randy Couch, Ken Richardson, Shirley Zundell, Mike Rainville and Nancy Peck.