Keene councilors approve rural zoning change, amend 5G ordinance

Nov. 18—City Councilors on Thursday night approved two measures — a new zoning ordinance and an amendment to existing regulations on small-cell wireless facilities — both of which have been subject to considerable debate among Keene residents.

The zoning ordinance creates benefits for housing development projects in the city's rural district. Following about 10 minutes of discussion from councilors, it got the green light with a 12-2 vote. Ward 2 Councilor Mitch Greenwald and Ward 5 Councilor Philip Jones voted against.

The zoning change — which previously included a controversial component that would have reduced the minimum lot size in the district, thereby allowing more residential construction in these areas — had been scrutinized by some residents who expressed concern that it could spur rapid, urban development in an otherwise quiet and rural part of Keene.

Members of the council's Planning, Licenses and Development Committee cut that part of the ordinance in October, but chose to continue with development incentives to the city's Conservation Residential Development (CRD) regulations.

At Thursday's meeting, At-Large Councilor Kate Bosley, PLD chairwoman, explained that these incentives would encourage developers to build projects that provide a public benefit — such as conserving land or adding more workforce housing — in return for an increase in the number of units they're allowed to include in a given development.

Mike Giacomo, councilor at-large, added the city already has worked to expand housing in other areas of the city — noting the council's efforts over the summer to densify the city's downtown core with more residences above new and existing buildings — and now it's time to increase development in the rural district.

The district is Keene's lowest density residential zone, generally outside the residential core of the city, where municipal water and sewer services are not as available. The rural district covers more than 14,000 acres divided into about 1,121 parcels of land.

Arguing against the ordinance, Jones said he's been against it since it first came before City Council in June. He referred to decisions made in 2010 when the city adopted its comprehensive master plan, which included a goal to make Keene "a walkable city."

"I think this goes against that goal," he said. Jones added that, at the committee's public hearing for the ordinance earlier this month, only two residents spoke in favor, with 27 speaking against. "I think we should step back to take a look and do something better to achieve our goals."

Ward 1 Councilor Raleigh Ormerod pushed back against Jones.

"The 27-to-2 is not a scientific poll," he said. "Often the people who need the help most — the working families, the nurses and small business owners — aren't able to get here."

Prior to the vote, Greenwald said he would vote against the proposal due to the significant opposition from residents who attended the public hearing.

The ordinance includes three options for incentives, and the total allowable density bonus would be capped at a 30 percent increase in allowed dwelling units per acre. The options involve developers conserving 65 percent of a parcel as open space, constructing units that would allow for the installation of solar panels and renting and/or selling 20 percent of the units at workforce housing rates.

Per the ordinance, workforce housing is for-sale housing affordable to a household of four earning up to 80 percent of the median income for the area or rental housing affordable to a household of three earning up to 60 percent of the median area income. Currently in Cheshire County, this equates to a $233,500 home for a family with an income of $71,280, or a monthly rate of $1,200 (including rent and utilities) for a family of three with an income of $48,110.

Andrew Madison, Ward 3 councilor, said he's faced difficulty purchasing a house in Keene, especially in a competitive market.

"I've been looking to buy a house since about 2020 and every time I'm able to find a single-family home that may possibly be within my price range it gets gobbled up," he said. "It's next to impossible for working-class families in this time to find a place to live."

According to a July 2022 report from the N.H. Association of Realtors, the median sales price for a single-family home statewide is $450,000, up 11 percent from the previous year.

The new zoning ordinance takes effect immediately.

Also at Thursday's meeting, councilors unanimously adopted an amendment to the city's existing ordinance on small-cell wireless facilities. The change expands the perimeter, from 300 feet to 750 feet, for which utility companies need to notify nearby property owners when a new one is installed from the wireless facility.

According to the National Conference of State Legislatures, small-cell wireless facilities are box-like structures installed on utility poles or street lights that transmit the radio waves that allow people to connect to the Internet. Small-cell technology is also employed when transmitting 4G or 5G signals.

The PLD Committee brought forth this amendment after the construction of new wireless facilities in Keene over the summer raised concerns from numerous residents regarding possible 5G-related health effects.

At the meeting, Bosley said each wireless facility can transmit signals at a 1,500 foot radius maximum, and the purpose of the amendment is so that a majority of residents in that area can be informed.

"People felt like they were out of the loop," she said.

City Manager Elizabeth Dragon told The Sentinel in October that the structures in Keene are only 4G capable and comply with the city's 2020 ordinance on small-cell wireless facilities. She added that the city does not have any 5G towers and has not received any applications for them.

Under the amendment, which was recommended unanimously by the Planning, Licenses and Development Committee, utility companies that have been permitted to install these facilities on the city's public right-of-way have to notify all property owners within a 750-foot radius.

Kürt Blomquist, Keene's public works director, said previously that the city has issued four licenses for poles with 4G transmitters on Winchester Street, Allen Court, Carroll Street and Summer Street.

While Keene's small-cell facilities are only transmitting 4G, Blomquist added that the poles and boxes could be converted for 5G use in the future.

At the PLD Committee's Nov. 9 meeting, more than 10 Keene residents spoke out in concern of possible adverse health effects coming from exposure to 5G frequencies, according to a recording of that meeting on the city's website.

On Thursday, Councilor At-Large Randy Filiault said he supports the amendment, but "this is the very, very, very minimum we can do." He added that he thinks the city should be doing more to address the health concerns related to this technology.

Whether 5G poses health dangers is the subject of considerable debate, and studies have come up with varying conclusions on the matter.

City Attorney Thomas Mullins has said previously that the city's hands are tied when it comes to small-cell facilities.

He referred to the federal Telecommunications Act, which says local governments can't discriminate against providers or prohibit wireless service. It means that a municipality that allows utility and phone poles on its public rights-of-way can't categorically bar the installation of small cells.

Hunter Oberst can be reached at 355-8546, or hoberst@keenesentinel.com.