Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
September 15, 2009

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, September 15, 2009 at 7:00 P.M. at the Rootstown Town Hall.

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

Those absent:
Patricia Saillant
Diane Esola

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

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

The first item on the agenda was a tabled 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 asked Mr. Mahood if there was any new information from last month. Mr. Mahood said he didn’t have any more information.

Mr. Cutright swore in Chuck Lewis, 3799 Sandy Lake Rd. Mr. Lewis said he went and visited with Mr. Mahood and he gave me some things to consider. He gave the Board a picture of what the structure might look like. He went back and measured 615 feet from the road, 275 feet from the shed and 100 feet left and right (east and west). He took some pictures to show them what was actually back there. There was a discussion about warning signs and he went back and took pictures of the high voltage tower warning signs. The signage on them was about a foot square and just said “High Voltage – Keep Off”. Mr. Lewis said that when Mr. Woods was here last month, he said the manufacturer supplies the signs; that is standard procedure.

Mr. Mahood said they discussed plans for take down when it was no longer working. Mr. Lewis said as far as a demo plan, he really didn’t have one. What he has is a maintenance plan. This unit costs $52,000. He printed off a maintenance plan from North coast winds. What it says is the unit will run for 25 years; there is only 5 moving parts. He brought the specs, type of construction and footers; which he printed off the web.

Mr. Manion asked about the height. Mr. Lewis said in the most upright position, it was 102 feet.

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

Mr. Mahood discussed with Mr. Lewis what would be needed, possible signage and a picture of what the structure would look like. Mr. Mahood asked about the tower falling and if it would land on the neighbor’s property. Mr. Lewis said if it fell, it would be on his property completely.

Mr. Manion asked about cell towers and their height in Rootstown. Mr. Mahood said there were 4 and they were 150 feet tall. Mr. Manion said all four of those towers were bigger than the wind turbine tower. Mr. Mahood said he was not sure. Mr. Manion asked if there were and repo plans for the cell towers. Mr. Mahood said he believed the supplier had to place a bond.

Mr. Meduri remarked that the townships a getting wind turbines in their zoning books. Ideally it should be better with them in the books. There are so many unknowns now.

Mr. Meduri asked Mr. Lewis if a year from now with the wind turbine in the books, would he be interested in putting one up. Mr. Lewis said the reality of that happening on his property without a grant; it probably wouldn’t happen.

Resolution ZBA 2009-008. Mr. Mills stated that before the Board was variance, a variance goes with the land for from section 230.06, B, 1 upon the review of the current zoning regulations such item is not mentioned and no guide lines/rules in any way shape of form to go by. The question of last month was the hardship which must be provision in order to grant a variance beyond financial related items. Therefore he did not find it. Due to lack of important information in the last 30 days, Mr. Mills made a motion to deny the request. Mrs. Milnes seconded it. A vote was taken as follows: Milnes – Yes Manion - Yes Mills - Yes Boring - Yes Cutright - Yes. The motion carried unanimously (5/0).

Mr. Cutright swore in Marty Kurtz-Orf, 3457 Tallmadge Road, Kent, OH 44240. Ms. Kurtz-Orf remarked on everyone trying to save energy. She was wondering how long it would take for it to be on the books. Mr. Cutright said interested parties should contact the Trustees or Zoning Commission to get it started. Mr. Meduri said Regional Planning came out with guide lines for the Townships in July. A year from now or sooner many townships hope to have it on their books. More discussion followed on the height and procedures for getting it into the books. Mr. Mahood said it would take about 6 months to get it into the books. The Zoning Commission will be meeting twice a month in order to speed up the process for revising the books.

Mr. Mills commented that we have an obligation to the community. It is our community. Don’t give up. Keep fighting for what you want in zoning. It is citizens’ input for the Zoning Commission to write the book.

Resolution ZBA 2009-009. Mr. Mills made a motion to accept the minutes of August 18, 2009 meeting, with the following changes, page 4, last paragraph, after tower insert “or the” and after box insert “(power)”. Mr. Boring 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