Zoning Board of Appeals Meeting – August 25, 2020 – Conditional Use Approval for Telecommunications Tower
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Zoning Board of Appeals Meeting – August 25, 2020
This meeting of the City of Frederick Zoning Board of Appeals was held virtually due to the ongoing health emergency. The board reviewed and approved minutes from the July 28, 2020 meeting, granted two continuances, and heard a case for a conditional use to replace an existing 97-foot telecommunications tower with a new 138-foot tower at 1288 River Bend Way. No public comments were received. The board approved the application with conditions.
Consent Calendar
- Approval of Minutes (July 28, 2020): Motion by Mr. Arno, seconded by Mr. West. Approved unanimously with four votes in favor (Mr. Arno, Mr. Butcher, Mr. West, Dr. Ying).
- Continuance – ZBA 20-633: Staff requested a 30-day continuance to complete analysis. Motion by Mr. Butcher, seconded by Mr. Arno. Approved unanimously (four votes). Continued to September 22, 2020.
- Continuance – ZBA 20-611 CU: Staff requested continuance to complete public notice requirements. Motion by Mr. West, seconded by Dr. Ying. Approved unanimously (four votes). Continued to September 22, 2020.
Public Comments & Testimony
- No members of the public called in to provide comment on the agenda item. The applicant noted that outreach efforts (two letters, a community meeting, and newspaper ads) generated one phone call (asking about technology, no opinion) and two emails of support from residents needing better coverage.
Discussion Items
- Case ZBA 20-63U – Conditional Use at 1288 River Bend Way (Telecommunications Facility)
- Staff Presentation (Gabrielle Collard, Planning Department): The applicant proposes to replace an existing 97-foot Potomac Edison high-voltage transmission tower (currently hosting AT&T antennas) with a new 138-foot tower that can support three wireless carriers. The tower will be built in two phases: Phase 1 at 128 feet, Phase 2 adding 10 feet (within three years). The site is zoned General Commercial (GC), where telecommunications facilities are a conditional use. Staff found compliance with all 13 criteria of Section 866 of the Land Management Code, including: co-location on an existing structure, structural and radio frequency engineering certifications, modified landscaping (board-on-board fence with low-level shrubs due to utility wire zone constraints), and approvals from the FAA and Maryland Aviation Administration (MAA). Staff recommended approval with two conditions: (1) a board-on-board fence and low-level shrubbery around ground equipment, and (2) future carriers must provide a radio frequency engineer statement with building permits. (A third condition regarding MAA approval was struck because it was satisfied before the meeting.)
- Applicant Presentation (Sean Hughes, Diamond Communications): Hughes explained that the new tower will fill a Verizon coverage and capacity gap and improve AT&T coverage. The project is a partnership between Diamond Communications and Potomac Edison/FirstEnergy, repurposing an existing utility structure. He noted that 80% of 911 calls are now wireless, 50% of homes lack landlines, and data usage rose 82% from 2018 to 2019, justifying the need for enhanced infrastructure. He confirmed acceptance of the staff report and conditions. Board members asked about the 42% height increase and visual impact on nearby residential neighborhoods (Monocacy Village, Dearbott, Mormon's Mill) and the Monocacy River (a designated scenic river). Hughes responded that photo simulations show the new tower blends with existing power lines and the increase is necessary for coverage, and that outreach yielded only supportive feedback. Dr. Ying asked whether the applied-for conditions bind future carriers; staff clarified that conditional use approvals run with the property.
Key Outcomes
- Approval of Minutes: Motion carried (4-0).
- Continuances: Both motions carried (4-0 each).
- Conditional Use Approval (ZBA 20-63U): Motion by the Chair (seconded by Mr. Arno) to approve the application based on detailed findings of fact, including consistency with the Comprehensive Plan, compliance with Section 866, and no greater adverse impact than permitted uses. Two conditions were attached: (1) board-on-board fence and low-level shrubbery on the final site plan; (2) future antenna installations require an RF engineer statement. The motion passed unanimously (4-0). The chair noted that the project aligns with city goals of using existing infrastructure for telecommunications expansion.
Meeting Transcript
Good evening, everybody. Welcome to the August 25th, 2020 meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's business, and especially since we are meeting uh virtually, I'd like to give a little bit of background information about the ZBA and go over the rules of procedure that we're going to be following tonight. Just as some background for anybody who happens to be watching at home or isn't familiar with what we do here on the zoning board of appeals. It's the responsibility of the zoning board of appeals to authorize on appeal in specific cases a variance from the terms of the city zoning regulations to hear and decide special exceptions to the terms of the zoning regulations, or to hear and decide appeals of a grieved parties when it's alleged that there's an error in any order requirement decision or determination made by an administrative officer in the enforcement of the land use article of the annotated code of Maryland or any law adopted under that state law, which includes the City of Fredericks Land Management Code. We conduct our responsibilities in accordance with the city's land management code and all Maryland state law. Members of the zoning board of appeals, we are all volunteers, we're all residents of the city. Members are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. The zoning board of appeals is comprised of five voting members and one alternate. If I do not see Mr. Sisson's little icon with us uh here, but um uh I thought I saw his name pop up. Tonight, Mr. Sisson will be serving as our alternate. Um board is also supported in our activities by SETI staff. Um for everyone's benefit, I'd like to introduce uh some individuals who might be supporting us tonight. Um we have Gabrielle Collard, um, Joe Atkins and Jessica Murphy from the planning department. Um we may have uh Stephen Davis from the city's legal department as well. Mr. Chair, if I may, it's Gabrielle with the planning department. We actually Rachel Depot. Um with the Oh, we have Rachel tonight. Fantastic. Thank you. So we have Rachel DePo who is the assistant attorney with the city's legal department. I apologize. I'm only seeing a couple of the icons here on my screen, and I missed a couple names. So for our tonight's procedures. Um, of course, tonight's procedures are going to be conducted virtually due to the ongoing health emergency. And so, in accordance with the governor's executive orders, members of the ZBA, staff, uh applicants were all attending the meeting remotely. The complete proceedings will be televised on Channel 99 and also available on the city's website. Even though we're meeting remotely, public comment will be accepted on each agenda item. Those making the wish, those wishing to make public comment will be asked to call 301 600 1213 during the staff presentation of the item that you would like to make comment on. Please don't worry if you miss that phone number. I will repeat it several times. Each person wishing to make public comment will be asked to state their name and their general address, and then they will be sworn in by me before providing testimony to the board. At that time, I will read the oath, and each member of the team should reply by stating their name and signifying I do thereafter. Um and all team members not speaking uh should uh remember to please mute your microphones unless you are um participating in the presentation. After the item has been voting on, we also ask that the applicants um promptly leave the meeting just so that's a little easier for us to manage the technology. Under these unusual conditions, board members, staff, and myself, we're all going to do the very, very best we can under these circumstances. Um we are almost assuredly going to make some mistakes, though the last couple times we've done this, we've at least been able to make it through unscathed. Um, but we do appreciate everyone's patience and bearing through us, uh bearing with us as we work through any difficulties that may happen to arise. So the general order of business for each case will be as follows. Um, first, I will call and introduce the case. I will conduct a roll call of board members asking that each respond with their name and present so that we have for the record that they are here and they are present for uh the case. Second, I will ask for a presentation of the staff report and any staff recommendations. Um staff members presenting will be asked to introduce themselves. Staff members will be thrown sworn in. Staff members will enter the report into the record. Um, and then remember anybody wishing to get public comment on this case, now's the time to start calling in. Area code 301 600 1213.
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