Planning

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
March 23, 2011

Present: Chair Philippa Proulx, Commissioners Linda Russell, Michael Tapager, Emily Hunt, and Supervisor Connie Brennan
Absent: Mike Harman

Staff Present:  Fred Boger and Wanda Staton

Call to Order:  Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston.

Approval of Minutes – February 23, 2011 Commissioner Tapager made a motion to approve the February minutes and Commissioner Hunt provided the second. Motion passed 5-0.

Class I communications Tower Application #2011-001 AT&T CV 398- Waterworks Lane
Deferred by applicant until April 27, 2011 PC meeting.

Other Business

Small Wind Energy Ordinance
Mr. Boger stated that Chair Proulx wanted the Planning Commission to come back for discussion with some options on the Small Wind Energy Ordinance. In August of 2010, Barton Biggs had appealed the maximum 100-foot tower height to the Board of Zoning Appeals. Due to the elevation of the property and the height of the vegetative canopy, Mr. Biggs requested a 140’ tower.  The BZA did not feel it had the authority to grant such a variance and declined to take action. Mr. Biggs withdrew his request and the BZA asked the PC to readdress the height issue. One option is to do a Special Exception and use the same criteria used for a Special Use Permit. The problem with the special exception is once you grant one then the procedure starts to collapse and has a domino effect. Another option would be to issue by Special Use Permit. Chair Proulx asked how many applications have been received to install taller wind energy turbines. Mr. Boger stated that two requests have been received, one by Steve Crandall at the Devil’s Backbone and Barton Biggs. Mr. Boger feels that it should be up to the individual to convince the Planning Commission to grant the Special Use Permit.

Supervisor Brennan felt that wind towers should be encouraged. Commissioner Tapager was in favor of using the Special Use Permit. Mr. Boger stated if you put standards in the ordinance then the Commission would be locked in to those standards. Commissioner Russell stated that the Small Wind Energy Ordinance was passed about a year ago. Cell towers are going up everywhere and she doesn’t want to see more than 100 foot wind turbines going up as well. There have been two requests, one approved as a demonstrator and the other was denied. She would like to stay with 100 feet wind turbine in the current ordinance. Commissioner Russell further stated that Mr. Biggs has a time constraint to apply for a state subsidy which will expire next year.  In order to qualify for the subsidy, the tower must be located on the parcel’s highest point. Chair Proulx asked whether a maximum height should be placed on the tower. There was discussion about the amount of acreage that would be required for a turbine that would be taller than 100 feet. Mr. Boger suggested that on a parcel of 20 acres or more, the turbine could be greater than 100 feet but less than 199 feet.

Commissioners directed staff to prepare the draft amendments for their consideration at the April work session.

Communication Tower Ordinance
The Commissioners reviewed the March 17th draft of the Communication Tower Ordinance.

The following changes were discussed:
Page 3: Definition added for Class IV Broadband, License Exempt Provider: A wireless broadband provider utilizing the Federal Communications Commission’s “License-Exempt” or “Unlicensed” Spectrum to provide broadband services within the County.
Page 5: Definition added for Radio Transmitter: A transmitter that is the part of a radio system that transmits signals.
Page 6:  Definition added for Spectrum: For purposes of this Article a spectrum is a range of radio frequencies (bands) approved by the Federal Communications Commission.
Page 8: Item (g) last line added the following wording: (within the property lines of the subject property.)
Page 9: The Planning and Zoning Director shall discuss negotiate the cost for the consulting service with the applicant.
Page 12: Item (4) added the following wording: (to allow additional sections to be added for possible collocation of other providers on it.)
Item (8) the Commission had discussion if the size of the antenna at 1152 square inches and if it should be bigger.
Page 13: Item (d) Setbacks-Viewshed 1 and 2 the addition of wording under Class I, II and III Communication Towers: 500 of setback for each two additional antennas.
Page 15: Section 20-9, item (a) change Roman numeral signs.
Page 16: Section 20-11, item (a) added at the last sentence (within the property lines of the subject property.)
Page 17: Section 20-12 added item (d) Class IV Broadband License Exempt Provider
Page 20: Section 20-16 remove wording at the end of last sentence (will be required.)
Section 20-17-1b Last sentence change guided to guyed.
Page 21: Section 20-17-6a Change letters to Roman numerals. Ex: i, ii,iii,iv
Item (b) change the an to are and insert a semi-colon after pole.
Section 20-17-6b Change letters to Roman numerals.  Ex: i,ii,iii,iv
Item (b) change ant attachments to any attachements.  Also insert dash between County owned.
Item (c) insert pole before height.

After review, Commissioners directed staff to prepare a final draft for review at their April 5th work session.

Additional Changes to Ordinance
Mr. Boger stated that when the original Communication Tower Ordinance was done “a wooden pole with a maximum height of eight (80) feet” was added. He stated that this phrase was taken out of the revised agricultural district and suggests it should be deleted from the various districts of the ordinance. Mr. Boger stated that the entry should just be referred to as a communication tower and then it wouldn’t be any contradiction or conflict. Commissioners agreed to remove (up to eight (80) feet maximum height) from the districts in the zoning ordinance.

Comprehensive Plan
Mr. Boger stated that County Administrator, Steve Carter, would like a letter from the Planning Commission addressed to the Board to have $12,000 included in this year’s budget to begin work on revision of the 2002 Comprehensive Plan.

Work Session
Commissioners set Tuesday, April 5th at 7:00 p.m. for a work session on the following:
-    Final review of Small Wind Ordinance amendment;
-    Final review of Communication Tower Ordinance  amendment;
-    Subdivision Ordinance review;
-    Review of possible Zoning Amendments for zoning errors dealing with Special Use Permits

Report from BOS Liaison Constance Brennan
No Report.

Adjournment
Commissioner Tapager made a motion to continue this meeting until April 5, 2011, 7:00 p.m. Commissioner Russell provided the second and the motion passed 5-0.

Respectfully submitted,

Wanda Staton