Planning & Zoning Board Notices & Minutes

Apr 14, 2015

Approved Zoning Board Minutes Apr 14, 2015

6:00 PM

Present: Chairman Eddy Moore, Vice Chair Sean Sweeney, Heidi Hurley, Jessica Daine, Art Tighe, Jerry LeSage, Guy Harriman, and Joanna Ray (recording secretary)

Others: Attorney Chris Cole, Erin Hennessey, Dann, Rudy Gelsi, Robert Blechl (Caledonian Record), Peter Frid, Darin Wipperman (Courier), Attorney Carol Holahan, Attorney Jon Springer, and Milton Bratz (Littleton Selectboard member)

Chairman Moore called the meeting to order at 6:00.

Review of minutes:
March 11, 2015 – Art Tighe made a motion to approve the minutes as written. Heidi Hurley seconded the motion. The motion passed 5-0.

Darin Wipperman’s request under RSA 91:A
Chairman Moore read the request, dated March 16, 2015, into the record.

“As part of Sunshine Week, I am making a request under 91A. I understand this request would require action from the zoning board to waive privileges. I am asking for all emails between board members, or to/from a board member to counsel, regarding the board's rationale to overturn the 3 to 2 vote that authorized the SBA Towers application last year.

This request also includes notes/minutes any board member took during discussions with counsel or among board members after the Edgar rehearing request was received.

I understand that the town's explanation of the decision was made public in a nine-page document, of which I have a copy.

I humbly suggest that the public, and potential cell tower applicants, would benefit from a more thorough understanding of why the board changed its determination. That public benefit outweighs any town interest in keeping details of the rationale secret.”

Darin stated the public documents explain the decision, but he was not sure why. Darin said it would be better to disclose the reasons. Chairman Moore asked the Board members if there were any emails between them. There were none.

Chairman Moore stated he would entertain a motion to deny the request based on the following:
1. What he is asking for consists of attorney-client communications, which are not available for release under the right-to-know law. In a case where every party has a lawyer, it is not wise for the Town to be deprived of the full benefits of its attorney’s advice.
2. The Board’s rationale was based entirely on the facts and legal conclusions which is set forth in careful detail in the written decision.

Vice Chair Sweeney moved the motion. Art Tighe seconded the motion. There was no further discussion. The motion passed 5-0.

SBA Towers motion for rehearing ZBA14-08 & ZBA14-09
Chairman Moore stated this is a continuation from February 24, 2015. The public input was closed and the only discussions will be among the Board members. Since Vice Chair Sweeny was not one of the original voters, he stepped down and Chairman Moore designated Jerry LeSage as a voting member. There were no conflicts noted.

Chairman Moore informed the Board that they need to grant or deny the request for a rehearing. The Board received an opinion from Attorney Waugh. Chairman Moore asked the Board to read two specific parts because he felt they were important statements. No Board members said they needed more information.

Chairman Moore said he would entertain a motion to deny the request for rehearing submitted by SBA Towers V, LLC and Timothy and Tina Reed based on the Littleton ZBA decision dated February 24, 2015. Jerry LeSage moved the motion. Art Tighe seconded the motion. There was no further discussion. The motion passed 5-0.

The Board will have a hearing on April 28, 2015 at the Community House Heald Room. The information packets will be mailed to Board members.

At 6:18 PM, Art Tighe made a motion to adjourn. Jerry LeSage second the motion. The motion passed 5-0.

Submitted by,
Joanna Ray