MINUTES
BOARD OF ZONING APPEALS
TUESDAY, SEPTEMBER 11, 2007
Board Members Present: Dale Riggenbach – Chairman
Nicholas Reynolds – Vice Chairman
Pan Aslanides – Secretary
Floyd Fernandez – Member
Gary Brahler - Alternate
Trustees Present: Allen Gress
Zoning Inspector: Keith Lasure
Purpose: Hearing of the following two (2) cases:
Bryan Lewis of
Conditional Zoning Certificate for an existing home business, Lamb
Construction, subject to Article XI Conditional Zoning Certificates
Subsection 115 of
the
Certificate to install a wind turbine generator.
Zoning Board of Appeals Chairman, Dale Riggenbach, opened the hearing at 6:30 PM, introduced the Board, Zoning Inspector, Trustee and Township Secretary and did a mass swearing in of everyone in attendance of tonight’s hearings.
FIRST CASE:
Bryan Lewis of 6215 Apple Street stepped to the podium and stated he is applying for a variance for a Conditional Zoning Certificate for his existing home business, Lamb Construction. He stated he does house building, remodeling, garages, etc. He said he’s a general contractor and said he does not have equipment on the premises. He does office work and paperwork. At this time, he stated he does not have a sign and is not planning on putting one up. He said he currently has one vehicle on the property and no future plans for additional vehicles. Mr. Lewis said he is just looking to be represented in the township as a business owner. Mr. Lewis said he does have clients who come to his house – usually one at a time - and stated he does have sub-contractors who come to his house as well.
There was no one in attendance to speak either for or against this variance. Zoning Inspector, Keith Lasure, stated he received no phone calls or letters regarding this variance.
With no further discussion, Chairman Riggenbach asked the Board for a motion for a ballot vote. Floyd Fernandez motioned for a ballot vote, seconded by Nicholas Reynolds. MOTION CARRIED. The following votes were read aloud by Chairman Dale Riggenbach:
Minutes – Board of Zoning
Appeals
Tuesday, September 11, 2007
(Cont.)
Floyd Fernandez – Yes
Gary Brahler – Yes
Dale Riggenbach – Yes
Nicholas Reynolds - Yes
Pan Aslanides – Yes
The variance for the Conditional Zoning Certificate was APPROVED. Chairman Riggenbach instructed Mr. Lewis to contact Mr. Lasure during normal business hours and make arrangements to meet with him and his Conditional Zoning Certificate for his home business would be issued at that time.
SECOND CASE:
Frank Towns of 6085 Pilot Knob stated he is requesting a variance to install a 5KW wind turbine generator. Mr. Towns owns five acres. He stated this is a smaller version wind turbine – total height is 38’ – the tower is 28’ with 10’ propellers. This wind turbine would be about the height of power lines.
Looking at a picture with the Board, Mr. Towns showed where the wind turbine would be placed and would be away from anyone else’s property line. He said this is a freestanding turbine – no guide wires. The company that installs the turbines chose the site for the wind turbine.
Topics discussed:
Noise factor – wind turbines are not silent – a huge discussion followed. (See attached info)
Floyd Fernandez feels putting up a wind turbine in a neighborhood with a five-acre tract is not a good idea.
Other companies
who install wind turbines – Mr. Towns said there are three other
companies in
Will this take care of a whole house – Mr. Towns said yes.
Net Metering – Mr. Towns said you don’t get money back from the power company. When the batteries are full and the wind is still blowing, the meter is running backwards, which is called net metering. The electric is put into a bank they call ‘banking’. If you’re not using the wind, you get free electric back from what you have banked.
Minutes – Board of Zoning
Appeals
Tuesday, September 11, 2007
(Cont.)
Mr. Fernandez said he does not have enough information to vote on this and feels this should be in the Nimishillen Township Zoning Resolution with rules and regulations before a variance is granted. He also said there should be so much acreage required – so much distance allowed, etc.
Mr. Lasure said according to what he has read on wind turbines, he feels there is no problem.
Dale Riggenbach asked if there was anyone in attendance to speak in favor of the variance.
Josh Randolph of 7098 Garberdale Square, Bolivar, OH 44612 said he’s a graduate from college with a degree in Alternative Energies and Fuel Cells with the emphasis on fuel cells. When asked why he was here, he said he saw it in the paper and because of his degree; he’s interested in this. He said he works for Harris Battery, which has nothing to do with why he is attending tonight’s meeting.
He said he has had several classes working with wind, solar, Geothermal Hydro Electric, etc. He said in his experience, wind turbines are no louder that an outdoor central air cooling unit – maybe just a little louder than that. He said if there were extremely high winds, i.e. 40 mph, no one would be outside anyway. He said it looks like the closest neighbor to Mr. Towns is approximately 200-400 feet away. Discussion followed.
Joe Baker of 6130 Pilot Knob said he lives across from Mr. Towns and is all for it. He also presented a notarized letter from his wife. He said Frank is a good neighbor and applauds him for trying to save money. Discussion followed.
Ray Nero of 1590 Pilot Knob asked Nicholas Reynolds to verbally let the Board know that he is in favor of the wind turbine.
Terri Huckels of 8730 Easton Street stated she’s in favor of it stating she feels there’s no one who has the right to tell another person that they can’t use the wind or the sun. She said a wind turbine is safer than using candles, propane, kerosene and coal oil lamps during a power outage. She said we should all be following Mr. Towns’ lead to save energy. Mrs. Huckels said if Mr. Towns is willing to spend the money, then he should be allowed to do so.
Brian Corke of 6165 Schloneger is 100% dependent on electric – heat-wise and otherwise – and agrees with Mr. Towns. Mr. Corke said he has nothing behind him but cornfields and said he would be very interested in installing one. He feels this is one of the best ideas that have come along.
Keith Lasure said wind turbines might want to be presented at the meetings on revamping the Zoning Resolution and asked Mr. Fernandez to gather information and present it.
Minutes – Board of Zoning
Appeals
Tuesday, September 11, 2007
(Cont.)
Pan Aslanides said esthetically, wind turbines are not a bad thing and said his only concern is the noise factor. Discussion followed.
No one was in attendance at tonight’s meeting to speak against the variance to install a wind turbine. Keith Lasure said he received no letters or phone calls either for or against this variance.
With no further discussion, Floyd Fernandez motioned to table this until there’s an ordinance in place. There was no response.
With no further discussion, Nicholas Reynolds motioned for a ballot vote seconded by Pan Aslanides. MOTION CARRIED. The following votes were read aloud by Chairman Dale Riggenbach:
Nicholas Reynolds – Yes
Pan Aslanides – Yes
Floyd Fernandez- No
Dale Riggenbach – Yes
Gary Brahler – Yes
The variance for the Conditional Zoning Certificate to install a wind turbine was APPROVED. Chairman Riggenbach instructed Mr. Towns to contact Mr. Lasure during normal business hours and make arrangements to meet with him and his Conditional Zoning Certificate to install the wind turbine would be issued at that time.
OLD BUSINESS:
There was no old business to discuss.
NEW BUSINESS:
Dennis Haas moved his family to
Discussion was held regarding possibly holding the BZA meetings on Tuesday nights next year. This will be discussed at the 2008 Organizational Meeting.
APPROVE MINUTES
FOR JUNE 11, 2007:
Floyd Fernandez motioned to approve the June 11, 2007 Minutes, as written, seconded by Gary Brahler. MOTION CARRIED.
Minutes – Board of Zoning
Appeals
Tuesday, September 11, 2007
(Cont.)
ADJOURNMENT:
Pan Aslanides motioned to adjourn seconded by Gary Brahler. MOTION CARRIED.
The meeting adjourned at 7:30 PM.
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Dale Riggenbach, Chairman
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Pan Aslanides, Secretary