Zoning Board of Appeals Meeting - August 24, 2021
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Zoning Board of Appeals Meeting - August 24, 2021
The Frederick Zoning Board of Appeals (ZBA) held a virtual meeting on August 24, 2021, at 7:00 PM (original date per agenda). The board approved minutes from the June 22, 2021 meeting, continued one case due to improper signage, and conducted a public hearing on a conditional use application for a telecommunications tower. The board voted unanimously to approve the tower with specific conditions.
Approval of Minutes
- The minutes of the June 22, 2021 meeting were approved by a vote of 3-0-1 (Aronow abstained).
Continuances
- ZBA21-764CU – Conditional Use – 221 Shorebird Street: Continued to the next meeting because the required site signage had been removed and not replaced. The board voted unanimously to continue.
New Business
- ZBA21-892CU – Conditional Use – 6129 Butterfly Lane: The applicant requested conditional use approval to construct a 165-foot monopole telecommunications tower and associated ground equipment in the Westside Regional Park (zoning district: PRK). The tower is intended to replace the antennas previously located on the city's former water tank, which was removed. The new tower would support up to five wireless carriers (two initially: AT&T and T-Mobile, with space for three future carriers). The applicant requested a reduction in the required setback from 165 feet to 85 feet, based on a manufacturer's statement that the fall zone is only 20 feet.
Public Comments & Testimony
- Lawrence Fathong (owner, 6320 Butterfly Lane): Opposed the location, stating the tower would be a visual blight and destroy the park's scenery. Questioned whether alternative sites were adequately considered. Asked for a postponement until his questions were answered.
- John Carr (6320 Butterfly Lane): Questioned why the specific location was chosen and why the tower could not be placed on the former water tower site (which is now screened by landscaping). Asked for copies of alternative site studies and 3D renderings.
Discussion Items
- Staff Report (Joe Atkins, Deputy Director for Planning): Presented a detailed review of the 13 criteria in Section 866 of the Land Management Code (LMC). Staff concluded that the application met all criteria and recommended approval, subject to conditions including the setback reduction, pre-construction documentation of FAA and Maryland Aviation Administration (MAA) concurrence, and future radio frequency certifications for additional carriers.
- Applicant Presentation (Sean Hughes, Miller Miller & Canby): Summarized the need for the tower to maintain existing cellular coverage (including AT&T's FirstNet public safety network) and noted that the city had decided not to allow co-location on the new water tank for security reasons. Provided renderings and a map of alternative sites. Argued that the 85-foot setback is safe based on structural engineering.
- Board Questions: Members asked about the height of the former water tank (~137 feet), the fall zone analysis, earthquake considerations (addressed by Dr. Ying, who noted the manufacturer's analysis only considered hurricane‑force winds and ice, not seismic events; the 85-foot setback was deemed sufficient), and the possibility of enhanced screening. The chair suggested additional landscaping or slatted fencing at the site plan stage.
- City Staff Testimony (Ron Wingfield, DPW): Confirmed that the site was selected by the Mayor and Board of Aldermen after a two‑year public process with multiple meetings. Five alternative locations were considered; the chosen site was deemed best for minimizing visual impact on residential areas and clustering infrastructure with the new water tank.
Key Outcomes
- Motion to Approve ZBA21-892CU: Made by Bob Sisson, seconded by Lawrence Aronow. The motion included findings of fact that the use is in harmony with the comprehensive plan, will not create greater adverse impact than permitted uses, and meets all 13 criteria of Section 866. Specific conditions adopted:
- Approval of the setback modification from 165 feet to 85 feet (per LMC Section 866A2).
- Future building permits for additional carriers must include a radio frequency engineer's statement certifying no interference.
- Prior to final site plan, applicant must provide documentation of no impact from the FAA and MAA.
- Additional landscaping or screening to be coordinated at site plan review (per chair's suggestion).
- Vote: Unanimous (4-0-0). All four voting members (Racheff, Sisson, Aronow, Ying) voted in favor.
- The case was continued for the next meeting (ZBA21-764CU) will be heard then.
Meeting Transcript
Okay. Yeah, my apologies. He's there. Scat dropped or something. Just come back. Let's see if he gets in now. Well, I I think we might uh, you know, fingers crossed, have our technical difficulties for our auditable buttons. Uh, zoning board of appeals. Uh, before we get started on tonight's business, um, I usually like to give a little bit of background on the ZBA and uh the procedures uh tonight, um, uh especially for anybody who might be new to the meeting or might be watching uh from home. It is a 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 subterns of the zoning regulations to hear and decide appeals of a grieved party where it's alleged there's an error in any order requirement decision determination made by an administrative officer in the enforcement of the land use article, the annotated code of Maryland or any law adopted under that article, which includes the City of Fredericks Land Management Code. And of course, the members of the ZBA conduct all of our responsibilities in accordance with the city's land management code and applicable Maryland state law. Members of the board are all volunteers, and we are all residents of the city. Members are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. The board is typically comprised of five voting members. We have one vacancy, so we have four voting members with us tonight, and all four of those members are present. Three members constitutes a quorum of the board. And so we certainly have enough members present here to proceed with tonight's business. The board is also supported in our activities by members of the city staff for everyone's benefit. I'd like to introduce those individuals who are supported us supporting us tonight. From the planning department, we've got uh director Joe Atkins with us here tonight, as well as office manager Carrie Ann Eiler who are supporting us. Um possibly, though I don't see on the line yet, um uh we may have Stephen Davis from this uh I see him popping in right now. Uh and so we have Stephen Davis uh from the city's legal department uh who supports the ZBA in our activities. Um please bear with me. I'm gonna go over tonight's procedures. Of course, since we are still operating in a virtual and remote environment, this is uh a little bit more involved uh than it typically is when we're in uh person. Um for tonight's proceedings. Uh tonight's meeting is being conducted virtually due to our ongoing health emergency in accordance with the governor's executive orders and decisions by the county executive and the mayor of the city of Frederick. Um members of the ZBA, staff, and applicants are all attending uh this meeting remotely. The complete proceedings are televised on channel 99 and also available for streaming via the city's website. Public comment will still be accepted on each agenda item. Those wishing to make public comment will be asked to call Area Code 301 600 1213. Um if they would like to make a public comment, um, we would appreciate that they call during the item on the agenda immediately preceding the item that they would like to uh make comment on. We will repeat that number several times uh here during the meeting. So if you didn't happen to scribble it down, um we'll certainly uh get it again. Uh calls will be answered in the order that they are received and be transferred to the live feed of the meeting accordingly. Uh, just so everyone's aware, um, each person making to wishing to make public comment tonight will be asked to state their name and their address, um, and then we'll be sworn in by myself before providing testimony to the ZBA. Uh I would say for applicants, please join the meeting uh during the item that immediately precedes your item on the agenda. Um, however, we've got one item on the agenda, and we've already got our uh applicants uh checking in, so that's fantastic. Um we call for the applicant's presentation, which will immediately follow the staff presentation. Um, we'll ask that the applicant uh announce their name as well as any members of the team that are presenting. Uh at that time, I will also uh read the oath and swear uh in each member of the team uh that are going to participate. Umbs of the team should answer by stating their name and signifying uh after words and but when uh team members aren't speaking, uh we're gonna ask them to please uh mute their microphones. Um item has been voted on uh as well. Typically, we would ask everybody to leave the meeting uh uh right away, uh, the applicant as well to make sure that we're not overtaxing the technology. That being said, we've got one item on the agenda for tonight, so I think that we uh probably don't have to worry about that. Uh under these unusual conditions, uh staff, board members, myself. Uh of course, we're gonna do the very best we can under the circumstances. Um anybody who joined us a little early will assuredly know that there are going to be some glitches and some mistakes. Um, we certainly appreciate everybody's patience and bearing with us uh as we work through any difficulties that might uh happen to arise. The general order of business for each case will be first.
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