Planning Commission Meeting Minutes 

Click here for previous meeting minutes

Sandstone Charter Township Planning Commission Meeting Minutes October 7, 2008

PUBLIC HEARING : Chairman Pape called the Public Hearing to order at 6:00 p.m. to discuss the Rezoning Request to change from Light Industrial to Residential the Sebastian’s property located at 203 O’Brien Road.

ATTENDANCE:  Peggy Eiler, Blaine Goodrich, Greg Inosencio, Cheryl Marks and Eric Pape
GUESTS:  Connie (Tina) Sebastian Marse, Audrey Sebastian Saylor, Linda Sebastian, Nate Marsh, George Noon, Laura Weirgartner-Verizon rep, Keith Acker, Scott Hubble-Verizon rep, Nancy Dearing, Sherry Williams, Ken Williams, Doug Lewan

  Sebastian family members spoke about their desire to rezone the small parcel from Light Industrial to Residential.  The issue came about when they applied for a loan to do some remodeling and were told it had to be a commercial loan due to the current zoning stance. It is livable now but they want to make some updates.   They had no idea that it was not zoned Residential since a residence was there.  The property has been in the family for a couple of generations. It has sentimental value.  They wanted to know if it can be still used as a residence if the zoning remains the status quo.  Yes.  If it is sold, can it still be used as a residence?  Yes.  They are concerned though if it were to be sold, who would want to buy it with the lack of road frontage.  The C and H shop next door is not interested in buying it but has the first option.  John Bailey owns property nearby and wants to see this parcel get rezoned.  The lady wanted to know what set back meant.  We explained the terms and gave her the distance, 35 feet in front, and 15 feet to the side and 25 from the back.  Does Mr. Bailey know his property’s zoning, Blaine asked.  The Sebastian parents sold the property years ago to Mr. Bailey and the assumption was that since it has wetlands it must have been agricultural but this is not the case.  Blaine explained that if the property were rezoned as requested, the township would consider it SPOT rezoning and the Planning Commission tries to avoid this mixed pattern of zoning as it does not follow the Master Plan.  The lady asked about wetlands and can the “skinny” parcel be built on.  It would be complicated.  The Sebastian’s need to make contact with Mr. Bailey themselves and see if he is interested in requesting his property to be rezoned so that both parcels then would have the same zoning and the SPOT zoning could be avoided.  Audience members asked if Baileys received notification of this public Hearing.  Yes it was sent to all neighbors within 300 feet.  Consultant Lewan spoke about the idea of the shop staying industrially zoned but the property to the north could go Residential.  We can’t pre-judge how a future rezoning request would go but it is a good idea to contact Mr. Bailey to see if he can request a change on his zoning.  This is not the Planning Commission’s responsibility to make the contact.  Mr. Lewan said we do not need to notify the newspaper if we “table” this decision and call a “TO DATE CERTAIN” on this hearing.  We can postpone our decision and allow for more commentary until we reconvene TO DATE CERTAIN on Tuesday December 2, 2008 at 6:00 p.m here in the township hall.  This will give Mr. Bailey time to apply for his rezoning request and subsequent notification to go out to surrounding neighbors.  The Public Hearing adjourned at 6:30 p.m.

Chairman Pape called the regularly scheduled Planning Commission meeting to order at 6:31 p.m.  Same members present as at the Public Hearing.  Cheryl Marks moved to approve the minutes as distributed for the August  19, 200 PC meeting.  Peggy Eiler supported the motion.  Motion passed. 

PUBLIC COMMENT:  Sherry Williams of Blackman Road distributed 2 large handouts-copies left on file at township hall, regarding potential health risks of cell towers.  One report is from 1990 and the other from 200 discussing concerns that could occur with radiation, energy emissions, radiation, etc. from towers and cell phones.  She is concerned about the possible future health risks to humans from cell phone towers going up near her property.  The conclusions are unknown about their safety since our Federal government has been known to make decisions on safety then retract those decisions decades later when risks have been proven and studied for years.  Ken Williams distributed 3 photos taken today of the current cell tower monopole in our township so we would see how large it really could be; if this new one is approved.  The Williams want the tower not so close to their home and questioned why it can’t be moved somewhere else on Mr. Noon’s property.  They expressed concern on the diminishing property value if the tower goes up.  Will our township assessor then lower their taxes; they hope so.  He offered to buy the property at fair market value to avoid the tower going up.  The 2 Verizon representatives took turns addressing the concerns in the audience and of the commission members.  The Federal Trade Commission has approved such towers for their safety and soundness.  They have pre-empted the negative health concerns with studies to support their need and usefulness.  The energy emission is 200 times below the allowed level.   It is a matter of progress and a need for customer service. Verizon insists the 100 foot tower will have less of an impact than the scenarios presented.  Verizon realizes the towers are not attractive but they have submitted a site plan with tress to camouflage the tower.  The Williams assert it will be after their deaths that the trees will do any good.  Two colored scale maps were shown to all reflecting the need due to dropped calls in the area of Blackman and Springport Roads.  Mr. Pape asked if collocation can occur.  Yes, at heights of 95,85,75,65 and 55 feet.  Mr. Williams said there are other areas of the Noon property that could allow the tower with a higher elevation. Verizon has to be careful of certain other locations due to the airport and the runway/approach flight plans.  Mr. Noon’s 60 foot silo can’t be used due to combustible nature, safety and soundness concerns; although it is true that fewer residences would be impacted if the tower could be built on the farm silo.  Mr. Anderson, not present, is not concerned about the tower being built according to Mr. Noon.  Mr. Williams does not have anything against Mr. Noon making money off the tower; he just wants to see the tower built further away from him, perhaps on Springport Road.   Verizon passed out handouts on their studies on the tower issue.  They gave us an updated, signed with a seal, site plan.  The maintenance plan will occur twice a month and the handout explained other schedules of maintenance issues.  The easement issue will need to be dealt with the Jackson County Road Commission.  Blaine asked about Springport Road location and can the tower be placed elsewhere.  Is it possible to move the location?  Yes, Verizon indicated there was room for negotiation on an exact location but wants to work with Mr. Noon as the landowner lease holder.  He has a separate deed for this 13 acre parcel and selling it down the road would be easier of it were on this property not on his other property, plus there are relatives involved on land elsewhere.   Mrs. Williams is concerned about migratory birds.  Mr. Noon does not want a long driveway down the middle of his farm property. Verizon pointed out this would detract from our preservation of the rural environment we want to retain per our Master Plan.  Blaine, and the entire PC, wants Verizon to explore other options, not just the aesthetic issues but the potential for health concerns.  Let’s try to move it away from more people.  We realize that this costs Verizon more money for road access, but it is the township’s responsibility to help as many residents as possible when we make these sorts of decisions.  Verizon admits that they have done a thousand of these hearings and the concerns are always the same.  Other neighbors will complain if we move it elsewhere.  Chairman Pape wants to be sure the posting of a security bond for possible future tower removal is posted. Doug can come up with specific language and will work with the Verizon reps.  Doug said the company has tried to address most of the township concerns from the August 19 meeting and tonight’s.  We can’t prohibit the tower but we do have the right to regulate location to keep residents and ordinance issues in mind.  He summarized his letter of October 3rd.  Keith Acker asked about broadening coverage by building a taller tower but fewer of them. The airport location nearby prohibits this.
Blaine Goodrich moved to conditionally allow approval of the Verizon request for a cell tower pending all documentation is given to Carlisle Wortman Consultants and the township, contingent upon exploration of other possible tower locations on the 13 acre parcel owned by George Noon.  Peggy Eiler supported the motion.  Discussion:  We expect this to be done in the next 2 weeks and that Verizon is aware that the 30 day window of approval will not be met since the township board meeting date doesn’t coincide with this timeframe.   We will need to see another final site plan and this will all have to go to the township board for their ultimate decision.  The large maps were left for the township board members to see at the October 13th meeting.  Motion carried

Cheryl Marks moved TO DATE CERTAIN the rezoning request of the Sebastian property on December 2, 2008 at 6:00 p.m.  Peggy Eiler supported the motion.  Motion carried.

PUBLIC COMMENT:   Keith Acker asked about the missing paperwork from the May 8th meeting regarding the Bentley property rezoning issue.  Eric Pape said the paperwork has now been sent as of the middle of September and it was his oversight to not have forwarded in on earlier to Region 2.  Mrs. Dearing asked why just one property owner can hold up cell phone tower progress.  She needed service in the area mentioned.

Cheryl Marks moved to adjourn the meeting at 8:00 p.m.  Greg Inosencio supported the motion.  Motion carried.

                                                                     Respectfully submitted,

                                                                     Cheryl Marks-Secretary