There won’t be barbed wire on top the fence surrounding it, but petitioner Donald Haines received needed approvals Thursday to locate a building that will house fiber-optic regeneration equipment north of his automotive business at 1516 Broadway.

The Chesterton Board of Zoning Appeals gave unanimous approval for three variances after, faced with questions about the barbed wire’s safety and liability exposure, Haines withdrew his variance request to allow it.

BZA members were told the 12-foot by 24-foot prefabricated concrete building with steel doors and its contents won’t cause environmental problems, pollution or microwave activity.

During a public hearing, South 14th Street neighbor Robert Karp asked if the structure or any antenna would block his television signal. He was told there will be no towers and no interference should occur; the building itself will be about 10 feet tall.

BZA member Sig Niepokoj asked about the building’s specifications. Aaron Bowie, outside plant manager for Great Lakes Comnet of East Lansing, MI, and who accompanied Haines, said the building also will have a fire-suppression system and an alarm.

Kenneth Spaulding speaking for Carolyn Kipper, who owns mini-storage buildings north of the proposed regeneration site, asked that it be moved farther south away from her property. Haines said his building will be small with a security fence and he didn’t see how that could be a detriment to Kipper’s business.

Later, BZA member Jim Kowalski said Kipper received a variance for the warehouses about 15 to 20 years ago so why would she oppose Haines getting a variance now. Spaulding said the area --- where commercial uses are behind buildings that front on 15th Street --- can get very restricted.

By letter, 1501 Broadway property owner Jody Bennett told the BZA that Haines runs a clean business and there is no objection to the additional use as proposed.

Town building commissioner Dave Novak recommended, and the BZA required as a condition of approval, that a gravel alley on the east side of Haines’ property be upgraded to town standards to provide emergency services better access to the new building should the need arise.

Haines told BZA president Rodney Corder that he would comply with the requirement.

One of the variances approved was to allow a building without proper setbacks and lot size. Associate town attorney Julie Paulson said the exact distances involved needed to be confirmed although the BZA could approve the request based on the submitted scale drawing and the distances be supplied later.

Kacey Polisky of Great Lakes Comnet said the company will provide what’s needed.

Paulson also said the reasons given to support granting the use variance for a telecommunications facility in Haines’ Residential-2 zoning district needed to be beefed up; the BZA adopted language that the proposed site has an irregular lot size, is near railroad tracks and is a somewhat landlocked parcel making it difficult to develop as a residential use.

Kowalski questioned why property abutting a railroad would be zoned residential in the first place.

The remaining variance approved will permit a 6 foot-tall fence within 5 feet of a public alley in an R-2 zone.

During a brief discussion regarding the barbed-wire request, which required an additional variance, Kowalski said, “I have a problem with that barbed wire fence. I really do.” Paulson said since it would be on private property, the Town of Chesterton would have no liability.

If the BZA intended to deny the barbed wire, it would have had to adopt findings explaining why so the matter likely would have been continued until May had Haines not withdrawn the request.

On Fred Owens’ motion, seconded by Thomas Browne, the board voted 5-0 to approve the three variances remaining incorporating the conditions discussed.

Great Lakes Comnet is adding the regeneration facility to strengthen the fiber optic signal for Verizon between South Bend and Chicago. Bowie said the town’s municipal buildings or any building in town can have access to the services Comnet provides by connecting to the fiber-optic system.

Browne asked if there has been any discussion with town officials to do so; Bowie said no.

Posted 4/27/2012