MINUTES
BOARD OF ZONING APPEALS
WEDNESDAY, OCTOBER 5, 2011 – 7:00 PM
Board Members Present: Gary Brahler, Chairman
Bill Ehlers, Vice
Chairman
Pan Aslanides,
Secretary
David Foss, Member
Tony Mucci, Member
Art Smith, Alternate
Trustee(s) Present: Allen Gress
Zoning Inspector: Dale Riggenbach
Township Secretary: Sharon Shaub
Purpose:
·
Appeal #573 – New
Par dba Verizon Wireless and their agent, Site Quest, Ltd., - requesting a
Conditional Zoning Certificate for a telecommunications tower site in an area
zoned R-1 Single Family Residential District located at the SE corner of a
property off Shannon Street NE, Louisville, Ohio, Parcel No. 33-07343
Chairman
Brahler opened the hearing at 7:00 P.M. and introduced the Board of Zoning
Appeals, Zoning Inspector Dale Riggenbach, Township Trustee Allen Gress and
Township Secretary Sharon Shaub. Mr.
Brahler did a mass swearing in by asking everyone in attendance to swear that
the information they were about to present, either in oral or written form, is
true and accurate to the best of their knowledge. The people responded by stating, “I do”.
Clayton
‘Mike’ Pitchure, P.E., Project Manager for Site Quest, Ltd. located at 3867 W.
Market St. #309, Akron, OH 44333
stepped to the podium. Mr. Pitchure
represents New Par dba Verizon Wireless who is applying for a Conditional
Zoning Certificate for a telecommunications tower in Nimishillen Township on
Shannon Street on part of the Earl Wolfe farm (164 acres) located at the SE
corner on Shannon Street. The site for
the tower is 100’ x 100’, which they will be leasing. There will be a 70 x 70 fenced in area. The 190’ mounted tower and 12 x 30 accessory
building (shelter) will be inside the fenced area. The accessory building (shelter) will house a
generator as well as supplies for the tower.
Mr. Pitchure said the tower & shelter will be
inside a wooded area, which will screen it somewhat. The trees are approximately 80’ in height and
will cover a good portion of the bottom of the tower. The tower will be galvanized. There will not be any guy wires. The galvanized (silver) color will eventually
turn into a dull gray color over time.
There will be twelve (12)
2011, October 5 BZA Minutes– Verizon
Cellular Tower & Accessory Building on Shannon (Cont.)
antennas to start with and will be mounted on a
triangular platform which will also be galvanized to prevent corrosion. This will end up being a G4LTD site. Mr. Pitchure did not know how many antennas
there would be in the future but said it wouldn’t be high. When asked by a Board member when the
construction of the tower will begin, Mr. Pitchure said he wasn’t sure.
Mr. Pitchure reported he made application to the FAA
for this particular structure but has not received any results yet. All of the preliminary indications they’ve
gotten is that no lighting will be required on the structure whatsoever. It’s not mandatory for this tower to be
lighted because they are not going to break the 200 foot barrier. Towers that require lighting is because they are
close enough to an airport and are lighted to prevent a hazard.
QUESTIONS
FROM THE BOARD AND/OR DISCUSSIONS:
How many
feet off Shannon will the tower be? Mr. Pitchure said the tower will
be 150’ off Shannon from the road right of way.
He said the requirement is only 95’ from the road right of way but they
wanted to give more clearance to the street.
The Nimishillen Township Zoning Resolution requires that it has to be at
least half the height of the structure away from a property line or from the right
of way line. They ended up setting it
back 150’ which they only really needed to be 95’ back.
How did
they come up with the 150’ right of way? Mr. Pitchure said in order to be
able to connect the 100’ x 100’ piece of land back to the right of way there
will be a 20’ wide access easement (ingress/egress) where they will need two
utilities; one being permanent power and the other being phone service to this
site.
What’s
the possibility of tower blowing over? Mr. Pitchure said none have been known to blow over due to their higher
wind load requirements.
How did
Verizon choose this location for the tower? Mr. Pitchure explained they
chose this particular location in the township because they need a Conditional
Zoning Certificate regardless of where they put it so they went with an R-1
Single Family Residential area that is not heavily populated, has acreage and
is in a wooded area. He said it’s not a
good idea to put these towers in a subdivision – a wooded area is most
appropriate for aesthetics.
Why are
they putting up a new tower? Mr.
Pitchure said it’s because of the level of service needed in the Louisville
area. A Board member commented there’s a
ton of towers in the township.
What’s
the life of a tower? Mr. Pitchure said it depends on the maintenance
of the structure. He said these towers
are galvanized inside and out so there’s no corrosion. The normal life of a tower is 50 years but if
its property maintained and inspected, it should last longer.
2011, October 5 BZA Minutes– Verizon
Cellular Tower & Accessory Building on Shannon (Cont.)
What
happens to the tower if Verizon vacates the site? Mr.
Pitchure said the tower must come down.
Revenue
from the tower to the township? Mr. Pitchure said it would be
tax related because it’s a property improvement. He said in this case, Mr. Wolfe will see it
on his tax duplicate because it will raise the value of property.
What is
the closeness of towers to each other? Mr. Pitchure said the closest
tower to this one is about 2-1/2 to 3 miles from any other Verizon tower. Verizon tries to co-locate their antennas on
an existing structure. The increase and
demand in wireless communications requires more structures.
Will
this tower ever exceed the 190’ they are asking for? Mr. Pitchure
said they cannot vary from this request.
If they want it higher in the future, they would have to appear before
the BZA again.
Permit
fees: Dale explained there is a yearly fee of
$50.00 for a Conditional Zoning Certificate plus a one-time permit fee for the accessory
building.
SPEAK
FOR OR AGAINST THIS VARIANCE:
There was no one present to speak either for or
against the variance. No letters or
phone calls were received at the township zoning office.
MOTION
FOR A BALLOT VOTE:
With no further questions and/or discussion, Chairman
Brahler asked for a motion for a ballot vote.
PAN ASLANIDES MOTIONED FOR A BALLOT VOTE SECONDED BY
BILL EHLERS. ALL VOTED YES – MOTION CARRIED
Voting went as follows:
DAVID FOSS - YES
BILL EHLERS - YES
PAN ASLANIDES - YES
TONY MUCCI - YES
GARY BRAHLER - YES
The request for the variance request for a 190’
telecommunications tower and accessory building (shelter) was APPROVED. Chairman Brahler instructed Mr. Pitchure to
contact the zoning inspector to get the proper permits.
Discussion was held as to whether or not Verizon
should be bonded to cover any damages that might occur to Shannon Street from
heavy equipment during construction of the tower and accessory building. Mr. Riggenbach said he would check with our
Highway Superintendent, Jack Magee.
2011, October 5 BZA Minutes– Verizon
Cellular Tower & Accessory Building on Shannon (Cont.)
OLD
BUSINESS / NEW BUSINESS:
§
Old Business: There was no old business to
discuss.
§
New Business: Mr. Riggenbach reported Walt
Barson of 5090 Hahn would be coming before the BZA again on November 2nd
requesting a variance for an accessory bldg. (garage) asking for a height of
24’ instead of the allowed 17’. Mr.
Barson appeared before the BZA on Sept. 7th requesting a variance
for the size of this accessory building, which was approved on that date.
APPROVAL OF MINUTES:
__________________________________
Gary
Brahler, Chairman
__________________________________
Pan
Aslanides, Secretary
Zoning Board of Appeals Minutes Folder: 2011, October 5-BZA Minutes Variance for Cond. Use. Permit-Approved.docx