Lakewood Board of Supervisors Meeting
Special Board Meeting on 8-28-2006
Appeal on Telecommunications Tower Conditional Use
Call to Order: Chair Diane Larson called the Special Meeting of the Lakewood Board of Supervisors to order at 7:06 p.m. on August 28, 2006 at the Lakewood Town Hall.
Present: Supervisors Diane Larson and Tim Musick. Supervisor Chuck Campbell was absent. Also present: Zoning Administrator Brennan Mears, Clerk Gene Bromenshenkel, Highway Expressway 61 LLC representative Greg Follmer and General Public (register attached).
Pledge of Allegiance: The Pledge of Allegiance to the Flag of the United States of America was recited by all present.
Purpose of Meeting: Chair Larson outlined the purpose of the meeting; to hear an appeal from a group of Town citizens on the decision of the Planning and Zoning Commission to grant a conditional use permit to Highway Expressway 61 LLC for construction of a telecommunications tower in section 24 of the township. Chair Larson read the letter of appeal received from the citizens requesting an appeal on the conditional use permit granted. (Copy of letter attached). Chair Larson also read a letter from Bob Wolfe, Chair of the Planning and Zoning Commission in which he cited seven concerns on the application and information not presented by the applicant at the request of the Commission.
The Clerk indicated that no other communication other than the appeal letter was received at the Town Office.
Presentation by Appellants:
Don Elias: He doesn’t understand why items listed on the appeal were not made compliant when the conditional use permit was granted.
Mary Melander: Has concerns about health issues related to telecommunication towers and the electrical emissions of cell towers which are harmful to the human body.
Marie Elias: Her major concern is migratory birds and seeing the tower as an obstruction to bird fly ways.
Jerry Norick: See the migration of birds in the lakeshore area as happening much of the year. Also, is not in favor of looking at a 200 ft. tower.
Supervisor Musick: To Jerry Norick---How is the elevation of his home compared to the tower location and height?
Jerry Norick: The land drops off considerably; by as much as about 80 feet. He is comparing this to the height of the trees.
Supervisor Larson: Reminded everyone that the application for the telecommunications tower was made during the time that the St. Louis County Zoning Ordinance section on telecommunications towers was in place as adopted by the township.
Question Raised: How many conditional use permits were made during the time when the Town was following the St. Louis County Ordinance by adoption?
Brennan Mears: Two wind generation and five cellular communications towers were applied for during the period.
There was a question raised about the distance of the proposed tower from the nearest residential zones.
Brennan Mears: It is not possible for the towers to be 1,000 feet from the MUNS-4 zone.
Supervisor Larson: It doesn’t appear as though the proposed tower location will meet the 1,000 feet for a 200 ft. tower.
Supervisor Musick: Feels the guidelines of the DNR should be followed. They are not merely suggestions but enforceable as rules.
Motion by Musick to accept the appeal and reject the application and issuance of the conditional use permit to Highway 61 Expressway LLC due to a lack of conformance to the Zoning Ordinance. Second by Larson. Motion Carried.
Brennan Mears: Feels the Fish and Wildlife (DNR) guidelines are enforceable rules. Feels the Planning and Zoning Commission disregarded the guidelines of the DNR.
Motion by Larson to recess the meeting at 7:45 p.m. for up to 30 minutes to develop a letter to the applicant on the motion of the Board. Second by Musick. Motion Carried.
The Meeting was reconvened at 8:05 p.m.
The drafted letter was reviewed. Motion by Musick to approve the letter to Highway 61 Expressway LLC rejecting the conditional use permit granted on the telecommunications tower request and amending the letter to show a colon before the last paragraph. Second by Larson. Motion Carried.
Motion by Larson to adjourn the Meeting at 8:08 p.m. Second by Musick. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk