Board of Appeals
Tuesday, January 30 2007
TIME: 7:30 p.m.
LOCATION: at the Town Hall
PLEASE TAKE NOTICE that the Town of Taycheedah Board of Appeals will conduct a public hearing on Tuesday, January 30th, 2007, at 7:30 p.m., at the Taycheedah Town Hall for the purpose of considering a request from SUBcarrier COMmunications, Inc., for a Conditional Use Permit to operate a 195-foot self support lattice wireless communication tower, expandable to 250-feet and a base station on a 100 ft. x 100 ft. leased parcel of land.
The tower is located on the west side of Mengel Hill Road on the Victor and Dan Freund farm in the SE ¼ of the SE ¼ of Section 9 in the Town of Taycheedah.
A quorum of the Town Board may be in attendance.
All affected and interested parties are encouraged to attend.
Dated the 19th day of January, 2007.
Brenda A. Schneider
Secretary, Board of Appeals
The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Tuesday, January 31st, 2007, at 7:30 p.m., at the Taycheedah Town Hall for the purpose of considering the Conditional Use Permit application submitted by SUBcarrier COMmunications, Inc., to operate a telecommunications tower. Members present were Chairman James Rosenthal, John Buechel, Bob Holzman, Gale Burg and Angie Prull. Others present were Town Chairman Jerry Guelig and Dan Freund. The hearing was tape-recorded and Secretary Brenda Schneider took notes.
The Chairman called the public hearing to order at 7:37 p.m. The Secretary read aloud the public notice.
Dan Freund was sworn in. His testimony and responses to Board of Appeals members’ questions were as follows:
• A conditional use permit was issued to SBA in June 2000.
• The structure is now owned by SUBcarrier COMmunications.
• SUBcarrier had contacted him on Monday to ask him if he would attend the hearing.
• SUBcarrier was not able to send a representative because they are based out of New Jersey and didn’t receive the notice until Thursday.
• Dan provides weed control at the site. He submits an invoice to SUBcarrier annually.
• The lease is a total of 55 years-5 years initially with a possibility of ten 5-year extensions.
• He had to sign a new lease with SUBcarrier when they purchased the tower.
The Town Clerk sent a letter to both SUBcarrier COMmunications, Inc. and SBA, Inc., recommending a representative attends the hearing in order to obtain testimony regarding the events over the past several years. The letter sent to SBA, at the address provided by them in June 2000, was returned to sender as undeliverable. SUBcarrier did receive the letter and responded in writing. The letter from SUBcarrier, dated January 26, 2007, was read aloud.
At issue is the fact that SBA was issued a non-transferable conditional use permit for a telecommunications tower. SBA sold the tower nearly four years ago. Prior to the expiration of the permit, SBA did contact the Town Clerk regarding the pending sale and the transfer of the permit. The Clerk provided the application form to SBA. SBA failed to return the completed form and fee.
The Town is currently holding a $40,000 bond from SBA and a $40,000 bond from SUBcarrier COMmunications. SBA has contacted the Town Clerk several times over the past three years requesting the release of their bond. The Clerk has consistently refused to release the bond citing lack of authority and given an explanation of the process required for its release.
The Board of Appeals questioned what would constitute abandonment. The Board cited the following references contained on the conditional use permit:
• General Conditions
o 1. Default
o 2. Non-Assignability
o 4. Modification
o 9. Renewal
• Special Conditions
o Tower Removal
SBA and SUBcarrier must be notified of these conditions.
Jim Rosenthal motioned to direct Attorney John St. Peter to submit a letter to both of the companies to inform them that the SBA permit has expired and that the Town is initiating abandonment of the tower under Special Condition 11 and General Conditions 1a, 1b, 2, 4, 5 and 9 and any other conditions he deems necessary. Once Attorney St. Peter receives confirmation from the companies, a hearing will be scheduled not to exceed 45 days from today and SUBcarrier will be given the opportunity to apply for a Conditional Use Permit once the issues are resolved with SBA. Motion died for lack of a second.
January 31st, 2007 Board of Appeals 2.
SBA/SUBcarrier COMmunications, Inc./Victor Freund property
Conditional Use Permit
Further discussion ensued regarding the Board’s legal options and authority. Unanswerable questions included a need to define abandonment as it would apply to the tower, SUBcarriers rights to the existing tower, the Town’s ability to remove the tower, redemption of the bond and a determination of enforcement options. Attorney John St. Peter will be asked to present an opinion to the Board of Appeals. At that time, the Board of Appeals will determine how to proceed.
Jim Rosenthal motioned to table any action on the conditional use permit to a date yet to be determined, seconded by Gale Burg.
Roll call vote:
Angie Prull yes
John Buechel yes
Bob Holzman yes
Gale Burg yes
Jim Rosenthal yes Motion carried (5-0).
John Buechel motioned to adjourn the public hearing adjourned at 8:15 p.m., seconded by Jim Rosenthal. Motion carried (5-0).
Brenda A. Schneider
Board of Appeals Secretary
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Fond du Lac County, Wisconsin
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