[mcdude]

Letter to the Editor of The Baysider

Provisions of Ordinance 603 must be revisited

To the Editor:

Over the past several months, the Town of Alton has been confronted with a troublesome, contentious issue over granting a variance to a Zoning Regulation that governs installation of Cell Phone Towers. A Cell Tower Operator, who earlier sought permission to erect new towers in Wolfeboro, was rejected by their town's Planning Board and ZBA. They then turned to Alton and have made application to locate two towers in town on Miramichie Hill in the Lakeshore Residential Zone and at the old campgrounds off Robert's Cove Road.

The issue is still under consideration by Alton's ZBA and presumably, a ruling will be forthcoming in the short term. Originally, the Applicant submitted his request in late 2005 for a variance in the "use" and "area" provisions of the prevailing Zoning Ordinance 270, which limited locating cell towers to only four outlying overlay districts in town, all in the Rural Zone.

In March 2006, the Alton voters, at the urging of the Planning Board, were presented with a warrant article recommending a new Ordinance 603 to supersede Ordinance 270 that had been in effect from 1999 through 2005. The new Ordinance that was passed by the voters, allows permitting of towers virtually anywhere in town but limited to no more than 10 feet above the tree line. With the location regulation no longer a hindrance as to where a tower could be erected, the Applicant immediately revised his application to pursue a single variance to install 120-foot towers in the above-mentioned locations.

In the March 2006 election, the article to be voted on had as a rationale the following: "The purpose of this new ordinance is to improve wireless service in the area and provide alternatives to tall towers with less visual impact upon the town." Limiting the height of the towers is an attractive provision of the new regulation, however, the voters were unaware that the devil was in the details of the proposed new ordinance.

Regrettably the Planning Board's warrant article did not identify a major change in the location provision of the ordinance that would allow towers to be erected in any district of the town including all four Residential Zones. The Lakeshore Residential Zone is now subject to having towers erected up to within fifty (50) feet of public waters including Lake Winnipesaukee. Sadly, proponents of the new measure were outside the voting station urging people to vote for the new ordinance as an improvement over the predecessor Ordinance 270. Without benefit of knowing the implications of the significant revision to the location provisions, some voters believe they were duped into supporting a flawed ordinance that now allows possible encroachment of these towers into the residential areas. Moreover, there were many specific protective provisions in the old Ordinance 270 that were eliminated. They included preserving hilltop appearance and skyline views of traditional areas of the town as well as protecting abutting property values.

Lake Winnipesaukee is unquestionably one of the premier lakes in New England. It offers recreation for the townspeople and it is a major attraction to visitors who enjoy boating and other activities. It is home to a few remaining summer camps for youngsters and vacation facilities for many NH and out-of-state people who summer here each year. The lake and the surrounding areas retain their pristine unspoiled beauty for all to enjoy, thanks to the efforts of town officials who, in past years, have protected the lake by controlling developments in the lakeshore area.

Winnipesaukee is also a boon to the local economy with multiple marinas, motels and rental cottages as well as numerous restaurants and other businesses that benefit from the Lake's popularity. It unmistakably is Alton's treasure when it comes to supporting the Town. Of the town's total collection of nearly $16 million in property taxes, approximately $12 million comes from lake properties. It is the tax base for the town that generates the bulk of the funds for schools, the municipal budget and all other town services. In every sense, it is Alton's greatest resource.

Now we have on the books a Zoning Ordinance that overrides all other residential regulations. If the variance currently under consideration is approved, and should this new ordinance remain intact, it would establish a terrible precedent of allowing commercial enterprises into the Lakeshore Zone and potentially, it could ruin the scenic beauty of the Lake. Alton has a huge landmass, one of the largest in the state, and there are numerous sites in the outlying rural zone where these towers could be located and offer improved cell phone service without disturbing the Town.

Concerned with this prospective development, the writer conferred with many people in town and especially those who wish to protect our Lake. There is a strong sentiment that certain provisions of the new Ordinance 603 must be revisited and revised to void repeat attempts to locate cell towers in or around residential areas and eliminate the threat to the beauty of Winnipesaukee. Who in their right mind wants to see towers popping up around the lake with their flashing lights disturbing the surrounding environment?

The writer met with the Planning Board to urge the planners to consider changes to the new Ordinance 603. We suggested that the protective and preservation provisions of the old ordinance be reinstated and that cell towers only be permitted in the rural parts of town away from the residential areas. Unfortunately, the Planning Board declined to take any action.

The next meeting was with the Board of Selectmen, who were not enthusiastic about addressing the issue and advised that the Planning Board had unilateral authority to handle zoning issues, and that the selectmen were not empowered to get involved. We subsequently learned through the New Hampshire Municipal Association that, in fact, under state law the selectmen were privileged to get involved and could initiate action leading to reconsideration of certain provisions of the new ordinance.

With this information, we submitted a letter on July 17, setting forth proposed changes to amend the new ordinance, together with a specific request that the selectmen move forward with the Planning Board to schedule a public hearing and put before the voters in March 2007, a warrant article calling for an Amendment to Ordinance 603. At another meeting with the selectmen on August 7, they again elected not to take up the issue and instead, suggested that under state law, we could petition the Town to allow a warrant article to be put before the voters next March.

The requisite number of registered voter signatures was obtained and the petition was submitted on August 14. However, the Town advised that such a petition cannot be legally accepted any earlier than 120 days in advance of the election, thus the petition must be resubmitted in early November. Regrettably, most of the seasonal taxpayers who are concerned with this issue will not be able to attend the public hearing sometime in the winter months and registered voters who go out of state for a few months will possibly not be able to participate in any of the proceedings. Any surprise in how Alton handles its affairs?

As matters stand, we will resubmit the petition in the fall and expect the Town will honor the request for this ballot initiative. Meanwhile the ruling on the current application will be the subject of a hearing scheduled for Sept. 12 at 6:30 p.m. Interested parties are encouraged to attend and if so inclined, participate in the public input portion of the meting. Otherwise for those people who are concerned about this issue, but do go away, write a letter to the Planning Board and arrange for your absentee ballots.

Alden L. Norman

Alton Bay

Alden L. Norman
Alton Bay
August 30, 2006