By Kevin F. MacMillan
I live on Artist Falls Road in North Conway which some Residents may recognize as the oldest road in the Town of Conway. The oldest House in Town named the 1768 Inn is a landmark for the road at its Intersection with RTE 16. I live on the opposite end, which is a dead end. I have been here for 72 years, once serving on the Master Plan, once as an Alternate on the ZBA and Twice on the Planning Board.
In January of 2021, I received a notice in the mail of a Balloon Test Demonstration that Vertex Towers was going to perform on an abutting lot for a cell tower site. It gave the name of the agent, a Mr. Parisi, and a phone number that I called to verify the schedule on January 13, from 9-12 noon. I told Mr. Parisi that I would call on the 13th and I did. On the 13th the agent told me it was postponed. I received no further notification.
On January 20, the ZBA held a meeting and gave a conditional approval to Vertex Towers/Bear hill Development to place a 166 ft cell tower (111 feet over zoning limit) and a 60×60 ft fenced in compound in a Residential zone. We sent a representative to the meeting that observed she was the only member of the Public that attended the meeting. The rest of the audience for the “visibility demonstration” were either ZBA or Alternates. She said the demonstration consisted of pre-permitting photo simulations, but there was no evidence of an observable balloon event that took place between January 13th and this meeting. These simulations are created by computer and are not equivalent to a Balloon Test. A Balloon Test requires Observers as witnesses as any experiment does. I believe the simulations are Fraud when used to prove the Test. If there are any members of the Public who either witnessed this Test or were actually onsite at the Time of the alleged Test: Could you please come forward now as witness? If not, I rest my case: There was no Physical Balloon Test.
We requested a rehearing with the ZBA, according to the Law, but were refused, so we took the only path available for any hearing of the neighborhood, challenging the Town of Conway before a Judge in a bench trial as that is the way the State allows litigation on zoning issues. Our Complaint was about the notice process that limited public input and the Fact that the ZBA was creating its own Special Exception for this Tower. Our burden was to prove the board made an unreasonable decision by not hearing from the public on Plans, Height, RF (electromagnetic radiation) and Alternative sites. The Court ruled for the Town.
Our location at the end of Artist Falls Road is 300 meters from the proposed tower which puts us at the point in a field of electromagnetic radiation that many countries have tested and determined leads to irreversible health consequences. The consequences are from proximity and duration. The radiation is non-ionizing radiation like microwave ovens. The distance of 300-500 meters is the most dangerous zone. It gives off heat and EMFs (Electromagnetic high and Low frequencies) that go to ground where the homes are. The health consequences are cognitive decline, premature aging, DNA damage, headaches, insomnia, dizziness, confusion, and cancer. This radiation will increase with the additional capacity of the 5G rollout. In NH a Bill called HB1644 is dealing with setbacks from cell towers for residential zones, nursing homes playgrounds etc., of 1640 feet because of health consequences.
The Town of Conway Executive Branch through the Selectman and the ZBA (appointed by Selectmen) have been cooperating with Vertex Towers to defeat the zoning protections in our neighborhood through Special Exception and Litigation. Vertex’s Lawyer was the main litigator. I was under the impression that the government by the Social Contract agrees to protect our property and health. The 1996 Federal Telecommunication act allows the ZBA to deny these towers and there are NH Federal cases that support that path. That is where this appeal is headed.
5G will have apps for everything including PAID PARKING which can’t be done without it. Our democratic protections are being litigated against by a private corporation with the assistance of the Executive. It is a betrayal and a warning.
This case is headed to Federal court for its siting. It is now heading for final approval from the ZBA and Planning Board.
Kevin F. MacMillan is a resident of North Conway, a graduate of UNH class of 1972. He was the Democratic candidate for Executive Council in NH District #1 in 1994 and is a Residential, Commercial and Industrial Builder. He also served two terms on the Conway Planning Board.
Editor’s Note: The opinions shared here are solely those of the author.
