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Village Considers Zoning Discretion |
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by Dan Veaner
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Friday, 21 July 2006 |
Village of Lansing Trustees considered two laws that would allow the Village Planning Board to make exceptions to current zoning laws governing cell towers and buffer strip requirements. The changes would give the Planning Board the authority to adjust their rulings to specific circumstances of proposed building.
Local Law D is in response to a new cell tower to be erected by Omnipoint and T-Mobile in the McDonald's parking lot on Triphammer Road. Laws aimed at large towers require a protected 'fall zone' that is one and a half times more than the height of the tower. But the tower proposed for the McDonald's location is similar to a light poll. Smaller towers like this are being placed to fill in holes in coverage according to Mayor Don Hartill. "The industry has advanced to the point where they are using smaller and smaller structures," he said.
The law would allow the Planning Board to waive the fall zone requirement, because the tower is engineered to withstand natural hazards like strong winds. "In this case there was persuasive engineering by independent, Village and Omnipoint engineers that this tower won't fall down," said Hartill.
Local Law E is being considered because of the expansion of Colonial Veterinary Hospital, also on Triphammer Road. The variance will not allow the Planning Board to reduce the width of the required buffer strip between properties, but does allow them to modify other requirements such as the type of foliage planted on it. Currently the Board of Zoning appeals handles changes like that. "It puts the BZA in a position to duplicate the Planning Board's work, but the Planning Board decides in larger context," said the Mayor.
"I worry about giving the Planning Board the discretion to be reasonable," said Trustee Frank Moore. He noted that when the law is clear officials are less able to be pressured to make exceptions. The Board decided to think about the laws without taking action Monday.
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