Westminster Board of Zoning Appeals

CITY OF WESTMINSTER BOARD OF ZONING APPEALS MEETING SUMMARY November 3, 2015, at 6 PM City Hall, 1838 Emerald Hill Lane A meeting of the City of Westminster Board of Zoning Appeals was held at City Hall, located at 1838 Emerald Hill Lane in Westminster, Maryland 21157, on November 3, 2015, at 6 PM. Chair Ed Cramer, Vice Chair Laura Matyas, Board Member Larry Berent, Board Attorney Eric Blitz of Web & Wolf, LLC, Mr. Al Betz of Al Betz & Associates, Inc., and City staff Bill Mackey were present. Mr. Adam Rosenblatt, Mr. Ryan Dear, Mr. Marc Marzullo, Mr. Paul Dugan and Mr. Albert White were present. Board Member Berent moved to approve the minutes from the meeting on September 8, 2015. Vice Chair Matyas seconded. The motion passed unanimously. Vice Chair Matyas moved to approve the minutes from the closed meeting on September 8, 2015. Board Member Berent seconded. The motion passed unanimously. At the meeting, the Board conducted a public hearing on Case No. 15-01, an application by Cellco Partnership (Verizon Wireless) of 9000 Junction Drive, Annapolis Junction, Maryland 20701 for approval of a special exception to install a telecommunications facility including a 150-foot tall monopole within a 50-foot by 50-foot fenced compound at 1231 Independence Way, Westminster, pursuant to Article XX, Special Provisions, Section 164-139.1, Telecommunications Facilities, of the City Code. At 6:01 PM, Chair Cramer called the meeting to order and opened the public hearing. The Chair stated the purpose of the hearing and summarized Case No. 15-01 by reading the official public notice. The Chair swore in parties who would be testifying. Mr. Mackey summarized the staff memo, dated October 26, 2015. Discussion ensued and exhibits were entered into the record. At the opening of the public hearing, notice requirements were discussed. Since the subject property had been subdivided after the original application was filed and the application had been revised to reflect the subdivision, the question of notice was examined. The Chair and Board Members all agreed notice had been given, and the public hearing would proceed. The applicant’s representatives, Mr. Adam Rosenblatt, Mr. Ryan Dear, Mr. Marc Marzullo and Mr. Paul Dugan testified and answered questions. The distance requirement under § 164-140 was discussed by the Board, City staff and the applicant. The Chair and Board Members all agreed that the requirement did not apply to this application, since the proposed application did not include a building, as defined under § 164-3 of the City Code. Upon inquiry by City staff, Mr. Marc Marzullo clarified the proposed limits of disturbance would be 11,995 square feet. At 8:26 PM, Chair Cramer closed the public testimony portion of the meeting and opened the Board deliberations portion. Discussion ensued. Board Members raised the issue of screening and landscaping, fall zone of the structure if it were to fail, the surrounding views by immediate neighboring properties, and the addition of perimeter landscape screening along the fencing. Following the discussion, Board Member Berent moved to approve the application with the condition of a landscape buffer with a mature height of eight feet for the entire perimeter of the chain link fencing. Vice Chair Matyas seconded. The motion passed unanimously. The Board adjourned at 8:37 PM. BZA Meeting Summary 2015-11-03 2 of 2