Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
August 18, 2009

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, August 18, 2009 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Jennifer Milnes
Eugene Mills
Patricia Saillant
Deron Boring
James Manion

Those absent:
Diane Esola

Also in attendance:
Zoning Inspector, Jim Mahood
Assistant Zoning Inspector, Van Black
Asst. Prosecutor, Chris Meduri
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 of all setbacks from Section 310.05 D, 1,B to build an addition for property located at 4708 Melverta Drive (Muzzy Lake) submitted by:

Robert T. Wetzel
2994 Waterford Dr.
Twinsburg, OH 44087

Mr. Armentrout addressed the Board members. He thanked them for their time and efforts. He said that the wind turbine was a hot topic in the county. Regional Planning asked for a donation of technical assist hours. They also have issued draft proposals. At the last Regional Planning meeting, there were proposals from Suffield Township on wind turbines. Zoning Commission is working on updating the sub-divisions. He mentioned the County Fair coming up, working on a fire levy renewal, and the Township Park with a new pavilion. As far as the budget goes, they have been trying to cut back on their dollars.

Mr. Cutright swore in Robert Wetzel, 2994 Waterford, Twinsburg, Ohio. Mr. Wetzel said he would like to add a garage with a room above it with a bath. The addition would be used for cars only. The other room would be used for the grandkids.

Mrs. Saillant asked about the size of the addition. Mr. Wetzel said it would be 24 x 28 (700-sq. ft.). Mrs. Saillant asked if it was only 2 feet away from property line. Mr. Wetzel said the house to left was 43.8 feet away from his existing structure. To the right of his house is his father-in-law. He has a shed that is 29 feet from the far point of my garage, which is going to be torn down.

Mr. Boring had no questions.

Mrs. Milnes asked if it would adversely affect his neighbors. Mr. Wetzel said he had showed the plan to the neighbor. Everyone is supportive of the addition. The creature of the neighborhood would not be altered. Mr. Wetzel said that was right. He is matching the windows in the addition to the ones in the house.

Mr. Mills asked if it was still being used as a cottage and not a permit residence. Mr. Wetzel said that is right. Mr. Mills stated that Mr. Wetzel's father-in-law was to the south of him (3 feet south 2 feet north). Mr. Wetzel said that was right. Mr. Mills asked if it was granted tonight, what envisions do you see either the south or north wanting to get within two or three feet of Mr. Wetzel's property line. The next door neighbor built that house about 5 years ago. He has no plans to expand the house. My father-in-law has 29 feet from my garage to his cottage and he has another 20 feet on the other side. Mr. Mills said he brought this up in the minutes because these lots and home sites in that development are very unusual. There is no lot so the Board's concern always has been and he hopes always will be from a safety standing point. Mr. Mills asked what was going to be done with the existing garage. Mr. Wetzel said right know it was just being used as a shed and he is getting prices on tearing it down. Mr. Mills inquired about the upstairs over the garage. Mr. Wetzel said it was going to a 1 bedroom, sitting area and 1 bath, which would let you overlook the lake. Mr. Mills asked about the height of the new building. Mr. Wetzel said it would be 24 feet to the top of the ridge. Mr. Mills asked the hardship in order to have the variance approved. Mr. Wetzel said this was the only way to get another bedroom on the house. Mr. Mills asked what was the comment of the property owner. Mr. Wetzel said it was fine. He asked if Mr. Wetzel had talked to his next door neighbor, which he had. Mr. Mills then asked when it would be done. Mr. Wetzel said they would start after Labor Day.

Mr. Cutright asked about getting the fire truck in on either side. Mr. Wetzel said they could.

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

Resolution ZBA 2009-005. Mr. Mills made a motion to grant the variance request from Section 310.05, D, 1, B recognizing that this is in Muzzy Lake Development one of three lake area developments in which we deal with all of which have a copy on file recognizing that the property owner is of one person none of these properties have a true lot of record therefore it requires the downers approval before coming to the Zoning Board of Appeals. Mr. Boring seconded it. A vote was taken as follows: Boring – Yes Manion - Yes Milnes - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (5/0).

Next on the agenda was an application for a variance of height for a wind turbine from Section 230.06 B, 1 for property located at 3799 Sandy Lake Rd. (Parcel No. 32-030-00-00-009-008 submitted by:

Cynthia R. Lewis
3799 Sandy Lake Rd.
Ravenna, OH 44266

Mr. Cutright swore in Joe Woods, 5424 W. Fremont Rd, Post Clinton, Ohio 43452, Chuck Lewis, 3799 Sandy Lake Rd., Ravenna, Amanda Lewis, 5294 Walnut Grove, Ravenna, and Cynthia Lewis, 3799 Sandy Lake Rd., Ravenna.

Mr. Lewis said they were interested in installing a wind turbine on their property to supplement the electrical power. They came to realize there are no regulations in zoning in Rootstown for a wind turbine. There is a grant available thru the Federal Government to help out with the cost and to apply for that grant, they needed the blessing of local zoning department (zoning permit) and are applying for a variance.

Mr. Woods, North Coast Wind and Power, said they are the #1 wind turbine installer in the state of Ohio (residential and commercial). When we looked at property ion question here, it was suitable to do wind power. They follow very safe regulations because of their interest in furthering industry. He would answer any questions about the wind turbine.

Mrs. Milnes asked what the neighbors thought about it. Mr. Wood said the neighbor to the south was vacant property, directly across the street is swamp, north is owned by a developing company (vacant), and power lines. The neighbors to the east, he actually walked the neighborhood and let them know what they were doing. There seamed to be no opposition to the project. Mrs. Milnes asked what hardship, by not granting it, would there be. Mr. Woods said he didn't if there would be a hardship. By not granting the variance, the stimulus package has money thru 2009. If not successful with the variance, they would apply for the grant. Not getting the grant could be the hardship for the Lewis'.

Mr. Boring asked how tall would the wind turbine be. Mr. Woods said it would be a 105 feet. Mr. Mills asked about the blades. Mr. Woods said the blades were 11 feet. The body of the turbine is just about 2 feet. They have FAA clearance.

Mr. Mahood asked if there were any trees. Mr. Woods said there were and that was why they were taking it up to the 105 feet. Also the height affects the grant money and they can get better wind resources for better pay back. They want to make sure they clear everything back there.

Mr. Boring inquired about the foundation. Mr. Woods said it was huge. He showed the Board where the foundation would be. They are very hefty foundations (it goes down about 10 feet and then a pour is done). Basically all you see are sonic tubes coming out of the ground. These are what the tower hooks up to. Mr. Boring asked if it was like a communications tower. Mr. Woods said no, this was the only approved tower for wind turbines. It would survive a 130-mph wind speed. Mr. Boring asked if there were any structures around there from the map there doesn't seam to be any. That is one of the things they check out to make sure it is safe for everyone. Mr. Boring inquired about the noise level. Mr. Woods said it was very quiet overall about 60 decimals (like a dishwasher). It is a generator (very mild). Mr. Boring asked about vibrations in the ground. Mr. Woods said there were none. Mr. Boring inquired about the ice build up on it. Mr. Woods said they were the only ones in the state of Ohio that have done blade testing. They have blown up blades to see how far they fly. They have done testing on ice (the turbine up at the lake had a 1day build up of ice on the blades and what happened with the blades so finely tuned and balanced that if there is any type of ice on them they will not turn. The blades are dark in color so when the sun comes out it just melts the ice. The blades will not turn if they are not equal. Mr. Boring asked if this was solely for residential power or were they planning on feeding it back into the grid. Mr. Woods said this unit has the capabilities for what is called "net metering" and Ohio law allows it. Mr. Boring asked if it would go to the Power Company eventually. Mr. Woods said what the law allows them to build a credit (they are not selling it).

Mrs. Saillant had no questions.

Mr. Mills asked what was the KW output of this unit. Mr. Woods replied 10 kilowatts. Mr. Mills asked how was anticipated in being resold. Mr. Woods said they were not selling any power. They don't know. Mr. Mills asked what was being done to get it from the tower to line. Mr. Woods said how these work is the turbine creates power, comes down the line, comes under the ground, and comes directly into the house where there it goes into their breaker box. They use this power first before they pull from the grid. Mr. Mills asked if there were any guide wires attached to this. Mr. Woods said there were none. Mr. Mills asked about the safety devices being considered. Mr. Woods said they put all the safety devices required by law for the utility. Mr. Mills inquired about if someone was walking the property at night would they be able to it (were there any lights on it). Mr. Woods said that if they walked into tower they need glasses. Nothing is required.

Mr. Cutright inquired if there was fencing around the tower or the other a small box (power). Mr. Woods said there were different rules required for the generator. The utility will inspect the grid and everything before it is approved. That is not the Board's jurisdiction. Mr. Cutright asked about the wind speed. Mr. Woods said it was an extremely efficient machine; it kicks in at 6 MPH. It is a good wind but not a great wind like on the lake. Mr. Cutright asked if they had built other towers in this general area. Mr. Woods said there were other towers in this area (several in Ohio), 1 in Michigan, Ann Arbor. You could call the office for the ones close by. The closest one might be Huron. There will be one in Nelson. They are still waiting on the state for the grant for that one.

Mr. Boring asked what would happen if not the grant was approved. Mr. Woods said the grant was important and Mr. Lewis probably would not build it.

Mrs. Milnes said that earlier he said it didn't have to be that tall, does that mean you could have a shorter tower. Mr. Woods said not at his location because of the trees. Because of the size of the blades, they want them up in the air.

Ms. Amanda Lewis, attorney, said the property in question is very large (13 acres). If someone were walking late at night on this property, they would be trespassing. It would no different than an open hole on my property and someone walked into it. They couldn't come after me so that would be the same as someone walking on the Lewis' property. There is a tower already approved in Nelson Township. There is to be no advertising on it. The Zoning Inspector said we have to have a variance here. The zoning code applies to buildings no higher than 28 feet. She referred to the zoning codebook and what it might allow to be erected over the height limit. She said she thought a variance was not necessary since the codebook allowed certain things over the 28 feet ht. restriction.

Mr. Boring referred to some of the things Ms. Lewis referred to such as a flagpole (passive). Ms. Lewis said the turbine doesn't cause a lot of noise. Mr. Woods stated that Congress gave them the right to do this and also Governor Stricland. With the adequate land there is no reason not to erect the turbine. There have been 4 lawsuits in the state of Ohio and the zoning boards have lost every one of them.

Mr. Boring said the only thing the Board has to decide on is the height. Mr. Cutright stated that the Board must follow the codebook and the Board can not write in any changes.

Mr. Meduri said that was right. For cell tower, they must post a bond guarantee for 5 years. He asked what kind of plan could be guaranteed for the wind turbine if the Board would grant the variance.

Ms. Lewis said Nelson wrote into the variance if it was no longer in use, it would be taken down. Mr. Meduri said Nelson has a very limited book. Mr. Woods said the regulations exceed all the state requirements. The Board could write in for the turbine if not in use or repaired, it would be taken down in 1 year. Mr. Meduri said most cell towers state to be taken down in 6 months. Mrs. Lewis said if it wasn't working, she would want it done. She didn't want an eyesore on her property.

Mr. Meduri asked if the could combine the two lots or selling the other lot. Mr. Lewis said he didn't want to do that and did not have any intentions of selling the other lot. Mr. Meduri asked how close was the neighbor's house/structure. Mr. Lewis said their house would be the closest to the tower. Their house is closer to Sandy Lake than his. Mr. Lewis said it would be 300 to 400 feet behind the house.

Mr. Meduri asked about putting it elsewhere. Mr. Lewis said it could be put anywhere but he asked first about taking back to the tree line. The further you get the turbine from property there is a loss of energy. Mr. Woods said they were trying to marry the best of the world.

Mr. Cutright asked if there was an okay from Regional Planning for Nelson's turbine. Mr. Woods said he was at that meeting also. Mr. Mills asked who approved the one in Nelson. Mr. Woods said Regional Planning doesn't deal with residential turbines. Ms. Lewis said it was the ZBA that approved it in Nelson. Mr. Boring asked Mr. Meduri if any turbines had been denied in the county. Mr. Meduri remarked about the situation in Randolph (a turbine was not erected due to a neighbor but they are going to put it in their book). Mr. Woods said no one was obligated to do it anything with our company. If you get the grant you still have up to a year the turbine in.

Mr. Cutright swore in Anne Marie Mullenix, 4954 Kelly Ave. Mrs. Mullenix said they were given a paper last night but it is not active yet. It was discussed to see if there were any repercussions or problems. Mr. Black asked if a wind turbine and a wind generator were the same. Mr. Woods said they were the same. Mr. Mahood said he wanted to clarify that property was two separate lots. He said he classified it as a structure not an accessory building.

Mr. Cutright stated that the Board must go by the zoning book and can not go by anything done in other townships or the county. Mr. Mahood referred to a part of the zoning book about items not mentioned in it. Mr. Mahood said when he talked to Mr. Lewis he told him he could apply for a variance but in most instants it gets kicked back to the Zoning Commission.

Mr. Cutright asked the audience if there were any questions, comments, or concerns.

Mr. Woods asked the attorney if the variance is not granted and there is nothing on the books, does that not open up this Board to a lawsuit.

Mr. Cutright said that the best option would be for them to go to the Zoning Commission and have something put into the book on wind turbines. Ms. Lewis said she understood the problem but they were limited to time for applying for the grant and it takes time to get anything on the books.

Mr. Mills asked what was the difference between wind turbine and small energy. Mr. Woods said a wind turbine could be classified in the mega lot range or kilowatt range, small wind turbines would be considered up to 10 kilowatts. Mr. Mills inquired as to what keeps it at 10. Mr. Woods said once it reaches a certain speed, it hits its' maximum production. There are safety factors built in it. Mr. Mills remarked if this is successful, what keeps you from wanting to put a second one from five years from now. Mr. Meduri said Regional Planning calls for one per lot. Mr. Mills said the Board would be setting the standards if it were permitted. It might become a problem, if the property was sold. Ms. Lewis said the Board could set conditions the only one could be erected and if not used or working be taken down in 6 months.

Resolution ZBA 2009-006. Mr. Mills made a motion that due to complexity the newest of such applications lack of guide lines to the Zoning Board of Appeals and our Zoning Resolution that this application be tabled until such time as the Board can receive some guide lines to go by. Mrs. Saillant seconded it. A vote was taken as follows: Saillant - Yes Mills - Yes Boring - Yes Milnes - Yes Cutright - Yes. The motion carried unanimously (5/0).

Mr. Meduri said they should come back before the Board with a detailed plan. How close to property lines? Mr. Mills commented on the lack of information coming before the Board. They were only asking for additional time to study it. Climbing issue. Warnings are posted.

Mr. Cutright asked how long had Mr. Lewis checked into this. The Board only had a few weeks and only the information given to them.

Mr. Lewis said he was concerned that they might not be able to get the grant. If the grant is approved, you must have so much work done by the end of the year.

Mr. Cutright said maybe he shoud go before the Trustees and present his situation.

Resolution ZBA 2009-007. Mr. Mills made a motion to accept the minutes of July 21, 2009 meeting. Mrs. Saillant seconded it. The motion carried unanimously (5/0).

Mr. Boring made a motion to adjourn the meeting. Mr. Cutright adjourned the meeting..

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS