Concerned Resident Questions County BZA Regarding AT&T Tower
By Lauren Zeugner
InkFreeNews
WARSAW — Syracuse resident Helen Taylor had a number of questions for the Kosciusko County Board of Zoning Appeals Tuesday morning, March 8, as it considered a request from Tillman Infrastructure to install a communication tower near her home.
Richard Helm, representing Tillman Infrastructure, explained due to communications upgrades and leasing issues, AT&T needed to install a new tower on a property located on the south side of CR 1300N and 2,800 feet west of Kern Road.
Helm explained why the 275 foot tower was needed and that it was designed to crumple should severe weather bring it down. “It will not fall flat,” he stated.
Helm introduced John Wallace as a technical consultant who explained why the new tower was needed. Wallace explained due to how radio frequencies work, the new tower could not be further than 2,000 feet from the previous tower or there would be overlap.
Noting communication towers are not generic, Wallace explained the new tower will serve AT&T customers as well as have First Net capability for area first responders.
When asked if there was anyone in support or in remonstrance of the proposed tower, Taylor, who resides next door to the property the tower will be built on, came forward.
She had a number of questions such as: Since she is a Verizon customer, and the tower is for AT&T, will this affect her electronics? Was an electromagnetic field test done to determine how much radiation the tower would admit? How would the tower affect her property values? How long will the tower be used? If the tower fell, would it damage her property?
Dan Richard, area planning director, showed Taylor on a site map that if the tower were to fall flat, it would not come anywhere near her property.
Helm and Wallace addressed her remaining questions, with Helman noting people would see the tree line and silos before the tower. There is a county ordinance regarding communication towers that requires the tower to be dismantled should it not be used in the future.
Wallace noted Tillman Infrastructure is providing vertical real estate and its clients have to meet numerous state and federal regulations. Each piece of equipment must be certified. As for radiation, Wallace said it would be limited to within three feet of the top of the tower.
The board approved the request for an exception for installing the tower in an agricultural district with an electromagnetic impact study to be done before and after the tower is installed and operational.
Two petitions by Ryan Stuckman also brought remonstrators out. Stuckman was petitioning for a variance to allow a mobile home to remain 10 feet from the east right-of-way and 10 feet from the west property line. The property is located on the west side of Blacks Court East and 166 feet south of Blacks Court North in Tippecanoe Township.
His second petition was for a variance to allow a mobile home to remain as placed 15 feet from the right-of-way and five feet to the east property line. The property is located on the east side of Black Courts West and 159.8 feet north of Blacks Court South in Tippecanoe Township.
Stuckman told the board he would like to leave both structures in place. Both received permits, but did not meet the required setbacks.
Richard recommended Stuckman come in with a survey when applying for a permit.
Several people came forward remonstrating against Stuckman, stating the permits he claims to have applied for are not on record; one house is set five feet from the property line and interferes with him mowing his yard in the area. On the other side Stuckman’s septic is 30 feet from the neighbor’s well, making it unusable.
Another complained about Stuckman getting permits after the fact. “He should not be able to set something and seek permits…He just sets in there… He should have to follow the rules… He should have to move those houses because of that,” the gentleman said.
Stuckman responded, saying for the one lot there was 100 feet east and west and on the second house there was 80 feet east and west. Richard told him to get a survey.
After hearing a petition from RTN Corp regarding allowing two residences to remain on a tract of land, the board requested more information and for Steve and Terry Kauffman to attend the April BZA meeting to answer questions regarding a life lease on the property.
Upon hearing a petition by Carol Elliott regarding allowing a change and alteration of a non-conforming tract by allowing a parcel created under the five-acre exemption definition of a subdivision to remain reduced to 3.82 acres in an agricultural district, the BZA moved to have Elliott’s neighbors come in to state whether the property they acquired from Elliott’s five acre parcel was deeded to them. The property is located on the west side of CR 675W and 1600 feet north of CR 200S in Harrison Township.
The Board of Zoning Appeals approved the following petitions:
• A petition by Loren Borkholder to modify a granted exception to allow an eight-foot solid wood barrier made of railroad ties rather than dirt at a property located on the north side of CR 1350N and 733 feet east of CR 200W in Van Buren Township.
• A petition by Brian Burkholder for a variance to build an agricultural accessory building 10 feet from the side property line. The property is located on the south side of CR 1150N and 435 feet east of CR 650W in Jefferson Township.
• A petition by Nathan Kleist for the purpose of the change and alteration of a non-conforming seasonal mobile home park by allowing an RV to remain as placed without permits 5.5 feet to the north property line when 15 is required. The property is located on the west side of SR 13 and 282 south of EMS B14 Lane in Tippecanoe Township.
• A petition by Max Deatsman for a variance for the purpose of the construction of an 18 foot diameter grain bin 16 feet from the east property line and a 21 feet diameter from the west road right-of-way. The property is located on the east side of Smith Street and 0 feet south of Prairie Street in Plain Township.
• A petition by Jarad Eberly for an exception for the construction of a 5,280 square foot accessory building where 1,200 square feet is allowed by ordinance. The property is located on the east side of EMS C31 Lane and 552 feet south of CR 450N in Plain Township.
• A petition by Matthew Burkholder for an exception for the purpose of the change and alterations to a previously granted home based business by allowing two building expansions in an agricultural district. The property is located on the east side of CR 900W and 0 feet north of CR 750N in Etna Township.
• A petition by Troy and Rhonda Helser for an exception to allow a home-based business in an agricultural district. The property is located on the west side of CR 250S and 0 feet east of SR 25 in Wayne Township.
• A petition by Brad Craig for a variance for the purpose of a roof replacement over an entire residence while increasing the roof pitch. The property is located on the south side of EMS B43 Lane and 0 feet from EMS B42 Lane in Tippecanoe Township.
• A petition by Jessica Coquillard for an exception allowing a home-based business in a residential district. The property is located on the east side of CR 900E and 437 feet north of EMS W23A Lane in Tippecanoe Township.
• A petition by Alan and Suzanna Lyons for a variance for allowing residence additions, covered decking and outdoor kitchen, to remain as constructed without permits or hearings. The property is located on the north side of EMS T30B Lane and 390 feet north of EMS T30 Lane in Plain Township.
• A petition by John Haffner for the purpose of construction of residence additions 2.86 feet from the south property line. The property is located on the southwest side of Kalorama Road and 1,060 feet north of EMS T38 Lane in Tippecanoe Township.
• A petition by Nathan Bogunia for a variance allowing an undersized tract of ground to remain as created, 8,456 square feet where ordinance requires 10,000. The property is located on the west side of Waco Drive and 1,600 feet north of CR 1120N in Turkey Creek Township.
• Two petitions by Hoffman Lake Campground allowing an off premise sign in an agricultural district and for the sign to be built 25 feet from CR 800W and 10 feet from CR 300N. The property is located on the south side of CR 300N and 0 feet west of CR 800W in Etna Township.
• A petition by Simeon Corrao for an exception to allow for a home-based business in an agricultural district. Due to covenant restrictions, the business is not allowed. Corrao provided letters of support from his neighbors. He also noted he plans to move before the end of the year. The board deferred the matter to January 2023. The property is located on the north side of Clearwater Drive and 1,050 feet east of SR 15 in Plain Township.
• A petition by Jesse Miller for a variance for allowing multiple uses on an industrial tract, a construction company, a roofing company, cabinet factory and leased warehousing. The property is located on the east side of CR 200W and 0 feet south of US 30 in Plain Township.