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Video-Count: 1
Video-1: youtube.com/watch?v=vuzMzms6u00

Part: 1

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Before we begin tonight's public uh hearing, I'd like to familiarize you with some of the ground rules for how we conduct the hearing. and gardener court members out of five of the zoning board of appeals must be present to to conduct

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a legal hearing. And if you note there's four people here tonight. Um and that is the total. So any decision or votes we take has to be unanimous. Applications will normally be heard in the sequence in which they appear in the

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public notice. The board is under no obligation to adhere to this sequence. All hearings shall be open to the public and no person shall be excluded unless he or she is considered to be a hindrance to the working of the board.

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An applicant may appear on his or her own behalf or be represented by an agent or attorney. The applicant or his or her representative shall represent or shall present the case to the board. Representatives of the city shall be

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heard. The abuters to the property present shall be heard. Those in opposition to the application shall be heard. Members of the board who are hearing the case may direct appropriate questions during the hearing. The board must

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render its decision regarding variance requests within 100 days after the application has been duly filed in the office of the city clerk. The board regarding special permits must conduct a public hearing within 65 days

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after the application was filed in the office of the city clerk. The board must render its decision regarding special permits within 90 days after the closing of the public hearing. All four members out of five of the board must vote in favor of the variance

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of special permit for it to be granted and approved. The right to appeal against the decision of the board is provided for in chapter 48 of the zoning act. The information is available in the office of the city clerk.

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No variance or special permit or any extension, modification or renewal thereof shall take effect until notification from the city clerk that the 20 days have elapsed after the decision has been filed in that office. and no appeals

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have been uh filed and is recorded in the registry of deed for the county or district. The board requests that each person identify himself or herself as the name and address for addressing the board. [clears throat]

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Sitting on tonight's hearing uh is Richard Hanks to my right, Robert to my left, and Jim Bow also to my far left. and myself, Mel Cornet, acting chairman.

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This meeting will be taped and videotaped. Does anyone object to the videotaping? Okay, there's no objection. Okay, the first case before the board tonight, um I'm going to I am going to call out a

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sequence. Um Mr. Fred [clears throat] Mazud, pardon my pronunciation. Uh 677 Templey Boulevard, parcel ID R12-16-1, multiple carrier telecommunication

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facilities seeking zoning relief. And I'm calling case 2026-3-2 the special permit first because it' be doesn't seem to make a lot of sense to try a variance when the special permit hasn't been approved because it wouldn't

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be valid. Okay. So Mr. Mahood or represent >> Good evening board. Um I know that I've I've presented the uh our case where our site was located. Um we've presented in front of the board

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the fall zone radius. Uh we brought to you guys the tower manufacturer and their engineering team to uh explain uh whether or if the tower were fall. Um, we've also gone over with the board

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how we chose the location, why we've chosen it, um, specifically there, the need um, for coverage, and how important it is for, uh, specifically AT&T to provide better coverage in the area, and how we believe both Verizon and T-Mobile

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have a significant need and we believe that they will follow suit closely thereafter. um from AT&T. Um we've done I I feel like everything we could to explain our case uh as far as the site, its location, its

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feasibility um and uh and and its engineering. Um the other thing I just want to add to I know there's been uh questions about uh the wooded area um you know behind the tower and whether we could go into that area. it's it's full

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of wetlands um within that area and that's the only reason we did not go further back into that area. We also researched areas behind the Walmart on the side of Walmart, existing utilities, existing easements, all prevented us from being able to place the tower at

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those locations. So, just wanted to to share that with you all and yeah, thank you for your consideration. >> All right. I don't really see a need because as you said that you've uh been here multiple times before and gone through this data several times. So I

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don't think it's necessary to go through the nine requirements again. Um now does any of the board have any questions at this time for the special permit? I just need to make an announcement that I did miss the very first hearing and I

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have filed the Mullen form paperwork with Beth. So that's on file. >> Um I I guess I do have a couple questions. So um we did slightly talk at one point about um a value to remove that tower. >> Yes.

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>> Did you have a value that um you would typically use for something like that? >> We do. So normally it's about $35,000. We've provided removal bonds in the past um for that. We can provide it in this case as well. >> I would Yeah, I think the board would request that.

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>> Absolutely. >> And then and then we also we're discussing that um beyond the removal a liability policy insurance policy holding the city harmless. >> Absolutely. So we have uh SBA can name

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uh the city as duly insured and provide that backup as well. Okay. >> Any other questions? >> Those my big questions. Any other members? I have no questions. I have no questions.

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>> Well, I would uh take it. >> Do we need to move move to close the hearing? >> Well, that's I I I I think we'll close the hearing after we take the vote. Um,

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but [cough] my my concern I think really comes around uh I have to add these when I write up the decision if it's if we agree to them that these would be part of the conditions

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>> that would be put in. So if we move to vote on this application, uh we'd have to uh include these conditions in that vote. So if we if we approve it, it would be at least based on those

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>> correct >> uh things. Okay. So I'd take a motion to vote on this. >> I would make a motion that we approve the special permit with conditions. Second.

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>> Okay. >> No, you want you wanted this. I'm sorry. >> No. Um I am I I am actually doing this a little bit backwards because normally we'd open

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it up to inputs from the audience, but there are no audience, >> right? >> Uh there isn't anyone here. So, I'm going to forego the normal, you know, the questions about anyone opposed or are in opposition and so on because it doesn't really make a whole lot of

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sense. Um, so >> so do you want to discuss um conditions now then? >> Yes, I do. >> So I would re recommend a I know you said $35,000. I would recommend $50,000 bond

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and a $5 million liability policy. >> Okay. >> Do you agree to that? >> We do. Yes. and the 5 million. >> Yes. >> And then a whole harmless agreement that

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this for the city. >> Okay. Is there a document that you all have that we can >> No, you could write up a whole harmless agreement that um they're pretty boilerplate that uh you you would protect and defend the city

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>> against a suit or a damage. >> I'll I'll bring that to their attention. You can add it. >> Would that be necessary if the city is co-insured on the policy? >> Well, we'd be co-insured, but then hold harmless and then they're going to defend us. >> Okay.

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I can I can bring it to them. I'm not SBA, but I can bring it to them and we can add it as a condition. >> Well, if we add it as a condition, then you basically have have to do that or you'll be back to visit us again. >> I understand. I understand.

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>> All right. Do I hear >> make a motion to accept uh the application uh under the conditions that have been stated? >> All those in favor? >> I

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>> I special permit agreement. >> Thank you very much. >> All right. >> Good luck. >> Now we got to talk about the variance. Correct. >> No, the variance is the variance. [laughter] >> Don't you >> Oh, yeah. They can't. Hey, you had your

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taco. [laughter] >> Yes. >> All right. The next case before the board is that it uh is case number 2026-06-01 for 60 677 Tim Boulevard parcel ID R12-16-1

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multiple care cell tower facility seeking fall zone variance relief. >> Mr. Mahoon or representative. >> Yes. Um so as as we as I previously stated um we've provided significant evidence associated with the fall zone

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radius of the tower um that these towers are designed uh to fall upon themselves. We've brought before the board uh engineers from the tower manufacturer themselves who have provided [clears throat] you all with a presentation associated with that

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engineering um to prove that uh these towers are engineered with technology that if it were to fail which is a very unlikely event but if it were to fail that the most likely outcome would be that the tower would fall on itself not

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outside within uh the existing parking lot um or any streets or anything of that nature. So, for that reason, we're coming to the board with a with a variance request for relief associated with the tower fall zone. >> Okay. Are you prepared to talk about the

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three criteria for a variance? >> Yeah, I Okay, I'd like to hear that. >> Can you just remind me with the question with the each one? >> Apologize. I didn't have it. Yeah. So I don't okay

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a hardship has to be based on relating to a soil condition shape and topography of the land. Uh, another one is a literal enforcement of the provision of the ordinance. [snorts] Um, involves substantial hardship.

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Um, and desired relief may be granted without substantial detriment to the public good. Correct. So um so regarding the first one regarding the land itself like I said um the open areas uh available to

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us first trying to find a land owner willing to place a cell tower on their property is an extremely uh tough uh you know outcome. Um Walmart was willing to allow us to develop a tower on their property. when we reviewed their

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property. Um, we we specifically tried to find areas that would meet the criteria for the town. Um, but the the fall zone radius that the town requires is is significant. And um, and as a result, we we believe that the best area

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that we found was in the wooded area in the south. That wooded area in the south, although in the middle is all wetlands. So, as a result, we had to push the tower uh closer to the parking lot. Um it's not in the parking lot, but right outside of it.

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>> Now, is there a reason why you couldn't locate it behind the Walmart? >> Correct. So, behind the Walmart are existing utilities and existing easements that are in place and we would not be able to place our lease space on top of those existing utilities and

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easements. And then uh sorry, the second question. Apologize. >> Oh, what did I do with it? Oh, here we go. This is usually the one that's more difficult with lit a literal enforcement

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uh would create a substantial hardship for your company. >> Correct. >> Financial or otherwise. I from from an otherwise perspective, you know, to try and find a clear fall zone radius on an existing property um that is open that

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is 180 ft all the way around um is not uh you know is not something easily done. Um and through all in our first presentation we had provided you all there was a representative from AT&T that came and spoke to you all about how

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they had tried three or four other locations um to try and place develop a tower to cover this area and they were unable to uh get those through or get leases done at those locations. So, the hard the biggest hardship was finding a willing land owner. And then the second

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hardship is when you do find a willing land owner, being able to find uh you know a spot that has a radius that that is completely clear. >> Okay. And now the last one is

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detriment to the public good. >> So meaning it >> is will it create >> substantial detriment? >> No. So this would not create a substantial detriment uh to the public good. Uh all the radio frequencies that

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are emitted here are fed federally regulated. Um the tower itself like I said was engineered and designed toward you know with building codes and through specific standards. Uh and we are also making sure that the tower is designed

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to have a fall radius of zero as we had we had previously discussed. So we do not believe this will be a detriment to the public good. In actuality, we believe it will it will assist the public good in providing them better connection, better service. >> Okay. >> One of the questions I I have is when we

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talk about the fall zone, I understand the technical side of the thing collapsing in on itself and so on. But has Walmart or anyone else considered limiting the parking in that area that's

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affected to maybe even the there is but not allow the public to park in there. >> So we've brought it up to Walmart and they are not willing to forego the parking that's there. They're a hard no when it comes to parking.

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>> Okay. I'm not sure whether Walmart can wave that because [snorts] >> maybe a parking ratio >> small number of parking spaces for their >> facility. No, I understand. >> So, plus they're they're going to be giving up some of the parking because of

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the gas station they're just putting in >> on the other side. >> You know, when we went for site visit that day, that parking lot is a parking lot of name only. so far away from the store that I could

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not imagine anybody parking there and going down. >> No one wants to get any steps in. >> No. [laughter] >> Okay. All right. Does the board have any additional questions?

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>> I have none. >> Okay. I'll have I hear a motion to move on this application. I I move that we approve uh this application because the applicant has met the three criteria set forth in the ordinance.

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>> I second the motion. >> Okay. All those in favor >> I >> I motion granted. >> Thank you very much gentlemen. >> Appreciate your time. Thank you. >> Okay. The only Do we have two?

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Actually, we only have one uh addition. No, I guess we have two. Um the correspondence. What are we talking about in the correspondence? announcements. >> I

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>> I I don't know of anything. >> I believe that's a typo. >> Okay. >> Apologies. >> All right. So, the um >> the only new business we have acceptance to the our andor correction that folks have uh for the minutes of previous meetings

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which >> we have meeting minutes. >> I we I saw them a minute ago >> right there in the middle of the table. >> Good. There you go. >> Okay. Start on that side. Start on this side.

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>> So, these are from >> May and June. >> May May and June. >> May and June. >> Your name, if you're wondering whether or not you're there. Um, it is listed who of the members were attending that meeting and who were not.

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>> It also correlates to >> How come some have green dots? Those are all of the members that are attending this meeting today. So, I thought I'd highlight them with green dots that are just adhesives that I can pull off here.

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>> All right. Um, so I get the May ones. I would make a motion that we uh approve the May meeting minutes. Second motion. >> All those approved. >> I approve.

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the May minutes >> and I have the June minutes and I make the motion that we approve the June minutes >> as written. >> Second. >> All those in favor? >> I >> I

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passed. >> Question. >> This gets to the role of an alternate member. At the June meeting, there was a full complement of members. I did not vote or participate in the

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meeting. >> So, I don't think that I should sign the minutes. >> Correct. >> You're right. No, >> absolutely. >> All right. So, I got May, you're not on May. >> I know.

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that you all enjoy. Okay. Does uh that's it for new business. Does the board want to bring up anything else before I close the meeting? Have any other issues? No. Okay. Take a motion to close this meeting.

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Move to adjourn. Well, move to close the meeting. >> To adjourn. >> I know. >> Yeah. >> Which one? [laughter] >> I shouldn't do that. All those in favor? I meeting adjourned.