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Posted: Tuesday, June 11, 2013 12:00 pm | Updated: 1:08 pm, Tue Jun 11, 2013.

By Meghan Foley Sentinel Staff

STODDARD — A controversial proposal for a cell tower on Melville Hill has been scratched.

New Cingular Wireless (formerly AT&T Wireless) has withdrawn its application for the 130-foot tower after reaching an agreement with town officials on Friday, William Keyser, spokesman for AT&T in New England, said Monday.

The agreement came on the last day town and AT&T officials had to decide how they would proceed with a lawsuit filed by AT&T against the town.

“While we are confident the legal issues raised would have eventually been resolved in our favor, we decided to take the town of Stoddard up on its pledge to work with us in good faith on a possible future application,” Keyser said.

Keyser declined to reveal any details of that future application, including when it might be filed and where a tower might be located.

“At this point, I think we’re going to step back and take a little time to refocus our efforts. We’ll probably come back to the town at a later date,” he said.

In May 2011, Stoddard’s zoning board approved the application for the tower, 3-2.

After receiving multiple requests from residents to reconsider, the board agreed to do so in July of that year.

In August 2011, New Cingular Wireless filed a complaint against the town in U.S. District Court in Concord, alleging the town was in violation of the federal Telecommunications Act of 1996 and the Federal Communication Commission’s Shot Clock Ruling.

The 2009 rule requires a local government to decide on cell tower projects “within a reasonable period of time” not to exceed 150 days. That time frame can be extended with the consent of the cell tower applicant.

In the complaint, New Cingular Wireless said the Stoddard zoning board wasn’t in compliance with the Shot Clock Rule after it decided to rehear the application. The rehearing made the May 2011 decision in favor of the project irrelevant.

New Cingular Wireless asked the court to uphold the board’s original decision and allow construction of the cell tower.

In addition to neighbors who objected to the cell tower, the Dakota Sioux tribe became involved because its members consider Melville Hill sacred ground, as it’s where the daughter of Dr. Charles A. Eastman, a Native American leader, is buried.

Stoddard resident John Cucchi, a friend of the tribe’s and an intervenor in the lawsuit, said he looks forward to telling members of the Dakota Sioux about the wireless company withdrawing the application.

Keyser said Melville Hill being a sacred site for the Sioux tribe was one of a number of concerns that factored into the company’s decision to withdraw the application.

“There were some zoning and litigation issues, some customer and network performance concerns and environmental issues,” he said. “All of those factors were taken as a whole, and brought us to this conclusion.”

The AT&T cell tower resistance continues...

Stoddard now dealing with lawsuit

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Posted: Sunday, October 2, 2011 9:00 am | Updated: 8:26 am, Sun Oct 2, 2011.

By Sarah Trefethen Sentinel Staff | 4 comments

STODDARD — With a federal lawsuit hanging over its head, the town’s zoning board is poised to resume operation after a spate of resignations that left it out of commission back in July.

That likely means once again taking up a proposal to construct a cellphone tower on Melville Hill, with a board that features three new

Three Stoddard Zoning Board Members and Three Alternates Resign

As reported in the Keene Sentinel (NH) July 28: 

By Sarah Trefethen Sentinel Staff | 1 comment

STODDARD — Zoning business is temporarily on hold in this town of a little more than 2,000 residents.

Applications for variances and exceptions to the zoning code, for now at least, can only stack up.

The problem? Three of the five members of Stoddard’s zoning board have resigned, along with all three alternates, according to Patricia Putnam, who resigned as both an alternate board member and the board secretary and still serves as the selectmen’s administrative assistant.

Without a quorum of board members, no application can be approved.

The zoning board has been busy lately, particularly while considering a controversial application from AT&T for permission to build a cellphone tower on Melville Hill.

The board was under considerable pressure from residents of Stoddard and neighboring Nelson to reject the application, and held hearings and deliberations on the matter for several months.

The board voted on May 25 to allow a 130-foot monopole tower, but on Thursday of last week board members decided to reconsider the application.

Resignation letters followed, delivered to town hall the next day.

Fred and Ruth Ward, the two board members who voted against the AT&T tower, are the only people associated with the board who have not resigned.

Beverly Power, the board’s chairwoman, resigned, as did Richard Betz, Maureen Meyer and alternates Nancy Robinson and Richard Briere.

Stoddard ZBA to vote on AT&T's proposed cell tower May 25

After a series of postponements, the Stoddard Zoning Board of Adjustment (ZBA) will meet on May 25 at 7:15 p.m. to vote on AT&T's request for a Special Exception to build a cell tower on Melville Hill overlooking Granite Lake.

The meeting is open to the public.

Those who wish to communicate their views regarding the cell tower should write Pat Putnam, ZBA secretary, at: stoddardtreasurer@yahoo.com. She will distribute your comments to the ZBA.

Protests Continue Against AT&T's Proposed Cell Tower in Stoddard, NH

In addition to letters and petitions from concerned residents of the townships of Nelson and Stoddard, weighing in again recently against the proposed AT&T cell tower on top of Melville Hill, which would loom over Granite Lake and the nearly 15,000-acre Andorra Forest which adjoins Melville Hill, was Geoffrey Jones, head of the Stoddard Conservation Commission.

While Jones has spoken publicly before the Stoddard Zoning Board of Adjustment (ZBA) on numerous occasions during the last six months of hearings, he recently sent a letter and documents to Stephen Delsordo of the Federal Communications Commission's Office of Historic Preservation, which is considering a petition regarding the historic aspects of the region:

A Series of Videos about Our Community vs. AT&T

Granite Lake resident John Cucchi has put together a series of videos that tell the story of our community's  history and beauty and why we feel AT&T needs to locate its cell tower somewhere else (we've found multiple other sites in the last six months):

1. In the first video we see Granite Lake as it was in the past along with pictures of one of its most famous residents, Dr. Charles Eastman, Native American physician and co-founder of the Boy Scouts of America. It's titled "Twin Mountain History."

Dakota Sioux Indians Travel from SD and WI to Protest AT&T Proposed Cell Tower in Stoddard, NH

Traveling 19 hours from South Dakota last week was Santee Dakota Sioux tribal elder Emmett Eastman, great nephew of renowned Native American Dr. Charles Eastman, who came to speak before the Stoddard Zoning Board of Adjustment (ZBA) in protest against AT&T's proposed cell tower atop Stoddard's Melville Hill, overlooking Granite Lake.

Dr. Eastman once lived in the oldest, most historic home on Granite Lake and ran a camp for girls, Camp Oahe, which means "Hill of Vision." He owned the hill known today as Melville Hill and his daughter Irene, who died in the influenza epidemic of 1918, is buried there. This is the site AT&T wishes to build a cell tower.

Co-founder of the Boy Scouts and Campfire Girls of America, Dr. Eastman was a prolific writer and spoke internationally on Native American issues. Emmett Eastman traveled to ask the Stoddard ZBA to "respect the land...if you can find an alternative sight, my people would very much appreciate that."

Petition to Stop the AT&T Proposed Cell Tower on "The Hill of Vision"

We the undersigned oppose the granting of a Special Exception to AT&T for the building of a cell tower on Melville Hill (the “Hill of Vision”) in the township of Stoddard, New Hampshire.  The proposed site for the tower overlooks a site of particular significance to Native American culture and history because of its intimate connection to Dr. Charles Eastman, one American’s most revered and celebrated Native Americans. We believe the proposed tower would desecrate the purity and spiritual significance of the site. (Please print this petition, sign, and fax to 603-847-3232 ~ thank you!)

Native Americans Angered at AT&T's Proposed Cell Tower on "The Hill of Vision"

Press Release being sent out today to local and national media: 

AT&T’s request to New Hampshire's Stoddard Zoning Board of Adjustment (ZBA) for a Special Exception to construct a 150-foot cell phone tower has stirred the ire of the Santee Dakota Sioux, headquartered in Flandreau, S.D.

The proposed cell tower would loom over Stoddard’s pristine Granite Lake community atop Melville Hill, once owned by renowned Native American Dr. Charles Eastman (1858-1939) and named by him “The Hill of Vision.” Eastman’s daughter Irene, a victim of an influenza epidemic that swept the area in 1918, is buried on the hill.

Keene Sentinel front page: "Static Greets AT&T Plan: Stoddard Residents Oppose Proposed Hilltop Cell Tower"

By Sarah Trefethen, Sentinel Staff

STODDARD — Cell phone users waiting for reception where Route 9 passes through Stoddard will keep waiting.

Wireless network provider AT&T’s plans to extend its digital reach in the area — now a cell phone dead zone — is still hung up in a debate between the company’s representatives and the residents of Granite Lake.

Cucchis inform ZBA of FCC Petition Re Historic Sites

To the Stoddard Zoning Board of Adjustment,

We have been in contact with the New Hampshire Division of Historical Resources
and the New Hampshire Preservation Alliance. They have advised us of the following:

We understand that AT&T has an obligation to consider any historical properties
within a 1/2 mile radius from the proposed cell tower. We believe there are two
historical sites within the 1/2 mile radius that have been overlooked - Camp Oahe
and Camp Notre Dame. Out of the 1/2 mile radius is the historic center of Munsonville,
which includes the General Store and Post Office properties and the Chapel By
The Lake/UMC.

AT&T's Second Balloon Test: The Same as the First!

On March 4, between the hours of 8 a.m. and noon, AT&T conducted a second balloon test on Melville Hill that was, according to them, on a different, lower part of landowner Nicholas J.Healy's property and going to hide the proposed cell tower from being silhouetted against the sky high above Granite Lake.

This, however, did not happen. We were shocked to see that balloon test one (taken November 21, 2010) and balloon test two were almost identical. Here they are:

Mmmm...we're puzzled. How does this help anything?!

The next cell tower hearing is scheduled for April 19. This has been going on now for six months...

Minutes of the Stoddard Board of Adjustment 2/25/11 re AT&T Proposed Cell Tower

Members Attending: Beverly Power, Fred Ward, Ruth Ward and Richard Betz.  Excused was Maureen Meyer.

Correspondence:  Various and numerous emails concerning AT&T Cell Tower Application....

New Business: Beverly Power went over some of the legal advice that Sam Bradley emailed to her and the members.  The board had a lengthy discussion on the contents of that confidential letter. 

Fred Ward asked if the Balloon Test, scheduled for March 4 - 5 or 6, 2011, depending on weather conditions could be cancelled.  Beverly Power said the balloon test has been posted and published and will be held.  Fred Ward felt the balloon test was premature. 

Keene Sentinel: Cell Tower Getting Cool Reception

Stoddard floats plan for more, smaller facilities

By Sarah Trefethen
Sentinel Staff

Published: Tuesday, February 22, 2011

STODDARD — The debate between residents and AT&T over how to deliver cell phone service to this hilly collection of hamlets rages on.

The town’s zoning board is considering an application from the wireless company to bring a single 150-foot cell tower to the top of Melville Hill, overlooking Granite Lake.

The board wants the company to consider using multiple smaller towers instead, but so far the company has not considered such a proposal.

To the Stoddard ZBA from Richard Nicoletti re the Feb.15 Hearing on AT&T's Proposed Cell Tower

Re: Alice: "It would be so nice if something made sense for a change." Alice's Adventures in Wonderland, Lewis Carroll, for this and other "Alice" quotes in this email.

Dear Members of the ZBA,

Everybody who has attended any of the public meetings you have had regarding ATT's petition knows how diligently you have struggled to connect the seemingly contradictory words about ATT's "targeted coverage area" coming from both the written words of its original petition and from the spoken words of its professionals.  [Alice: "I think I should understand that better, if I had written that down: but I can't quite follow it as you say it."]

AT&T Rejects Stoddard ZBA's Efforts to Find Alternate Cell Tower Sites

The Stoddard Zoning Board of  Adjustment (ZBA) hearings regarding AT&T's proposal to build a cell phone tower on top of Melville Hill, overlooking Granite Lake, NH, continued on Tuesday, February 15 at 7 p.m.

ZBA secretary Patricia Putnam's notes on the hearing can be found here.

Margaret Schillemat, a town of  Nelson Selectman, was present and her letter from the Nelson Board of Selectmen opposing the AT&T proposed cell tower site on Melville Hill, was noted. (See her letter in the last post.)

The Granite lake area is unique in that it includes both the towns of Stoddard and Nelson. Nelson residents on the south side of Granite Lake currently pay a considerable "view tax" for looking directly at the lake and the

Nelson Board of Selectmen Oppose Proposed AT&T Cell Tower over Granite Lake

This letter was sent to the Stoddard Zoning Board of Adjustment regarding AT&T's proposed cell tower on Melville Hill, which would loom over Granite Lake: 


Dear Chairperson Power,

     I am writing as a member of the Nelson Board of Selectmen who have passed a resolution supporting my statement herein. I understand the Nelson Conservation Commission will be similarly writing you.
     Granite Lake is a most valuable resource for both Nelson and Stoddard. We feel the above proposal would be especially harmful to the lake, both ecologically and aesthetically. Moreover, we worry it could

Looking for Alternative Cell Tower Sites

After the December 15 ZBA hearing, during which alternative sites to Melville Hill were discussed for the first time, we prepared ourselves for the next hearing on January 5 by trying to find independent Radio Frequency (RF) consultants who could help us locate other potential sites. By law, AT&T would have to pay for this consultant.

Sensitive to the concerns of Granite Lake residents, some of the ZBA members were also trying to find alternate sites.

Letter to Stoddard ZBA re AT&T's Proposed Cell Tower

At the December 15 meeting of the Stoddard Zoning Board of Adjustment  (ZBA), the following letter was presented and signed by 53 concerned local residents:

Dear Members of the Stoddard Zoning Board of Adjustment:

          As residents of the Town of Stoddard and Nelson who reside both in and outside of the Granite Lake Village District[1], we the undersigned respectfully ask that you do not approve the application of AT&T for

AT&T's Balloon Test & Growing Cell Tower Protest

After the first hearing on November 10, 2010, my husband and I got together with a group of neighbors to discuss the proposed cell tower and what might happen at the next hearing. Since it was clear that health risks were off the table, we focused mostly on ecological and aesthetic concerns.

Not long afterwards, on November 21, 2010, AT&T did a balloon test on Melville Hill. What we saw shocked us. We drove around Granite Lake and took pictures from various angles, then sent them to neighbors. One of our neighbors