Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
September 18, 2007

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, September 18, 2007 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Eugene Mills
Alfred Friedl
Michael Finan

Those absent:
Darrell Wayt
Patricia Saillant
Deron Boring

Also in attendance:
Zoning Inspector, Jim Mahood
Assistant Zoning Inspector, Van Black
ZBA Secretary, Mary Ann Greer

Mr. Cutright called the meeting order. Mr. Cutright introduced the Board members and explained the evenings' procedures.

The first item on the agenda was an application for a variance from Section 310.04-3 for property located at 4251 Lakewood Road (Parcel #32-045-00-00-018-000) for a 5 foot variance on frontage to divide the property in a R-1 District submitted by:

Mark & Marta Smolk
P. O. Box 93
Mogadore, OH 44260

Mr. Cutright swore in Marta Smolk, 4251 Lakewood Road. Mrs. Smolk would like to divide her 19 acres into two lots so her son could build on the vacant lot.

Mr. Finan asked if divided would they be buildable lots. Mrs. Smolk said they were told the lots would be buildable.

Mr. Cutright asked where the original house was located. Mrs. Smolk showed the Board where it was on the plot.

Mr. Friedl said they were asking for a 5 feet variance for the new lot that would have 145 feet frontage. Zoning requires 1 1/2 acres; there would be at least 10 acres.

Mr. Mahood said they don't know exactly how much frontage on the two these lots. The frontage required in the book is 60 foot. They have that covered. It's the building line at 70 feet of the right-of-way that has to be 150 feet.

Mr. Friedl said it was conceivable that it could be wide enough. Mr. Mahood said he thought it would be short. Mr. Friedl said it was the width at building line (70 feet) that a variance was needed for.

Mr. Mills remarked that the property had been purchased in March 1983. Mrs. Smolk said they sold off two lots when they first purchased the property. Mr. Mills said the 19 acres plus 1.7 was personally generated (man made problem with zoning). Mrs. Smolk said back then 60 feet was permissible. Mr. Mills asked where She got the information on the 60-foot setback in 1983. Mr. Mahood said he has come across many of those that were created by previous Zoning Inspectors. Mr. Mahood said he didn't think this would be the last of those created by previous zoning inspectors.

Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were none.

Resolution ZBA 2007-039. Mr. Friedl made a motion to grant the variance request from Section 310.04-3. Mr. Finan seconded it. A vote was taken as follows: Finan - Yes Friedl - Yes Mills - No Cutright - Yes. The motion carried by a vote of 3/1.

Second on the agenda was an application for a Conditional Use Permit (CUP) for a new wireless telecommunications facility located at 3240 SR 44 in a R-1 District submitted by:

Alltel Communications
2000 Highland Road
Twinsburg, OH 44087

Mr. Cutright swore in Michael Pitchure, Site Quest, 3867 W. Market St., Akron, Ohio, and Engineer for Alltel. Mr. Pitchure said the tower they were proposing would be located on the Kline property called Evergreen Nursery. The property it self is fairly deep (about 1700 feet in depth and 800 feet wide). The site location that they are looking at is actually toward the rear of the property. The site is approximately 100 feet off the rear of the property line. It is fairly deep into the property and the backdrop itself a tree line of natural woods. They would improve driveway going back to the site and clear an area of Christmas trees. The setback required by code to obtain a CUP is as follows: the tower height plus 25 feet or if they can prove by the design of the structure that it will collapse on its self. They abide with the CUP requirements of zoning. He showed the Board pictures of similar towers erected by Alltel. Alltel is in accordance with FAA. There will be a bond for tower removal.

Mr. Friedl said in terms of setback; the setback depends on the structure. If there is residential the distance for setback is 75 feet and is less than what the 110 feet that Alltel has. Mr. Friedl asked about the size of the structure to house the equipment. Mr. Pitchure said the structure would be 11 x 20 feet, total of 228 square feet. Mr. Friedl inquired about the size of the fenced in area. Mr. Pitchure said it was 100 x 100 but the actual fenced area was 75 x 75 feet. Mr. Friedl asked if the tower would be able to accommodate 3 additional requests. Mr. Pitchure said it would house 4 wireless requests. Mr. Friedl asked if the structure would have to be enlarged when others join. Mr. Pitchure said no. Mr. Friedl said the area needed to be surrounded by greenery. If it the tower would be removed, the area would be turned into greenery again.

Mr. Mills asked Mr. Mahood about the bond issue. Mr. Mahood said the bond was based on the height of the structure ($19,000). The zoning department has no control but township does. Mr. Mills asked how would zoning know the bond would be good 5 or 10 years down the road. Mr. Mahood said it was in the hands of the fiscal officer of the township. Mr. Mills asked how does zoning control the other vendors and their additional buildings. Mr. Mahood said in past their buildings would be within the compound. Mr. Pitchure said for clarification that the compound was 100 x 100 feet.

Mr. Mills asked where had a tower like this been installed. Mr. Pitchure said there was one in Garettesville. Mr. Mills asked the access road and how far back it went. The pond or Hudson ditch would not be disturbed. Mr. Pitchure said they would not be disturbed. Mr. Mills said this tower has no guide wires. Mr. Pitchure said it was a self-supporting structure. Mr. Mills asked that it be explained what would happen if the wind collapses it. Mr. Pitchure explained the procedure the tower in the middle would fold over on itself.

Mr. Mills asked why this location. Mr. Pitchure said the reason that Alltel was going to what they call raw land site rather than co-location is the closest structure to this location was the tower at NEOUCOM (1.6 miles away). In the process of locating the tower, was to have more coverage in the area. Mr. Mills said this particular building would be located in wooded area and would it look like the one in G'ville. Mr. Pitchure said it would.

Mr. Finan asked how long was the lease on the property. Mr. Pitchure said it was a 5-year term with 5 five-year options for a total of 30 years. Mr. Finan asked if not renewed would the tower come down. Mr. Pitchure said it would unless there were others on it.

Mr. Cutright asked if any towers had been vacated in the county. Mr. Pitchure replied no.

Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were none.

Mr. Cutright swore in David Harville, 3595 Cook Road. Mr. Harville said he was here to represent his father's farm that has a border that comes within 150 feet of the proposed location. This general area is seems to be an area that is applying for future residential development. These towers are considered to be quite ugly and have a negative effect on property values.

Mr. Cutright swore in Randy Hendrickson, 3322 SR 44. Mr. Hendrickson questioned the need for another tower with one only 1.6miles away at the college. Mr. Pitchure said they did not have anything at the college now. This site will carry a range of 3 to 4 miles of radius. Mr. Pitchure said if the towers were too close together, they were not as effective. They need to be spaced apart. Mr. Hendrickson said there was a Verizon site at Sandy Lake and 76, and was it not available to them. Mr. Pitchure said it was even closer to another site they had. Mr. Hendrickson asked why would they put one in a residential area and not along the Interstate. Mr. Pitchure said it was for demand and answer to the complaints as to no coverage at my home. Mr. Pitchure said customer demand would drive the demand for more service.

Mr. Friedl asked about the elevation of this site compared to the one at NEOUCO. Mr. Pitchure said he wasn't sure if there was any difference, if there was it would be minimal.

Mr. Cutright swore in David Conroy, 3463 SR 44. Mr. Conroy asked about power to run the facility. Mr. Pitchure said Ohio Edison and AT & T said it most of it would be underground.

Resolution ZBA 2007-040. Mr. Friedl made a motion to grant the Conditional Use Permit (CUP) from Section 460. Mr. Cutright seconded it. A vote was taken as follows: Mills - Yes Friedl - Yes Finan - Yes Cutright - Yes. The motion carried unanimously (4/0).

Mr. Friedl commented that the main reason for voting for it was to follow every procedure in zoning.

Resolution ZBA 2007-041. Mr. Friedl made a motion in the event that the trees that are currently screening the structure and fence, that the fence shall be completely screened from you by at least one row of evergreens planted five feet on center maximum. Mr. Cutright seconded it. A vote was taken as follows: Mills - Yes Friedl - Yes Finan - Yes Cutright - Yes. The motion carried unanimously (4/0).

Mr. Mills commented that what Dr. Friedl said was what the Zoning Commission has presented, the Board has to live with it with very little leeway. He urged the audience to present their case to the Zoning Commission. The Zoning Commission can amend the Zoning code.

Mr. Cutright swore in David Armentrout, 4819 Smith Road. Mr. Armentrout said they were forced to modify what the state requires. The Zoning Commission tries to keep up with what the State allows. The Township can go less than what the state requires but can not make the requirements stronger.

Resolution ZBA 2007-042. Mr. Friedl made a motion to accept the minutes of the July 17, 2007. The motion carried unanimously (4/0).

Mr. Armentrout brought the Board up-to-date on Portage Salt and Supply suit. A discussion followed on the flag and pole at the center of the township.

Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman

Mary Ann Greer, Secretary BZA