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were not present at the August Quarterly public hearing, that they have read all the materials and the <br />minutes of that meeting. The Board suspended its rule about listening to the tapes since they were inaudible. <br />The Board considered approval of a Class A Special Use Permit application for the construction of <br />a telecommunications tower. The property is located in Bingham Township approximately 1155 feet north of <br />North Carolina Highway 54 with the access proposed from O'Day Drive, an existing private road. The <br />entrance from North Carolina 54 is approximately 600 feet west of Bethel-Hickory Grove Church Road. A <br />2.77 acre tract is proposed with a 10,000 square foot leased area and an additional area designated as a fall <br />zone easement. The property is zoned Rural Buffer and University Lake Protected Watershed. The <br />applicant is requesting a Class A Special Use Permit under Article 8.8.17a of the Orange County Zoning <br />Ordinance to construct a 230 foot telecommunication tower, an equipment cabinet and an area for future <br />additional telecommunication carriers. The tower will be a free standing lattice structure and light steel gray <br />in color. <br />Planner Karen Lincoln presented letters received as part of the public record. These will be listed <br />below the public hearing comments. She said that on October 13, the Planning Board voted 5-2 to <br />recommend denial of the Class A Special Use Permit for the reasons as specified in the agenda. <br />THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS (Clerk to the Board Beverly Blythe sworn <br />in those who spoke at this public hearing) <br />Russ Townsley distributed some pictures to the County Commissioners showing the Greenfield <br />area. He said that the burden of proof is on Gearon Communications to show by competent material and <br />substantial evidence that the tower will maintain or enhance contiguous property value. He does not believe <br />that the impact report proves anything. He said that as homeowners on contiguous property they have the <br />right to testify about the value of their own homes. He presented a petition from nine (9) contiguous <br />homeowners who stated that the tower would diminish the value of their homes immediately. They stated <br />that if the tower went up, their homes would be worth less. He said that the impact report is based on <br />adjusted numbers and did not take into account market conditions, improvements made including additions to <br />the houses, new roofing, landscaping, market appeal for a starter neighborhood or closing costs. An impact <br />report looks at sales and resales after the tower is already built. He feels that what is needed are appraisals <br />before and after construction. The neighborhoods used in their comparison study are very different from <br />Greenfield Road and very different from each other. The average lot size in Wildwood is 1/4 acre and the lot <br />sizes on Greenfield Road are one acre. Average home prices are 34% higher on Greenfield Road so market <br />appeal is quite different. He made reference to the towers they used in the impact study and how these were <br />not good comparisons with their neighborhood. He said that there is at least one North Carolina licensed real <br />estate appraiser on public record who opposes using Cornwallis Hills and Wildwood as comparisons and that <br />is Shanon Julian for the Board of Adjustment on December 8, 1997. Even by their own numbers in the <br />Impact Report, there is a slight impact on the effect on the comparable neighborhood. Since these numbers <br />are based on averages, they assume that the homes closer to the tower are probably affected more. Mr. <br />Townsley said that the Impact Report is supposed to be competent material and substantial evidence which <br />works in Gearon's favor, but it actually works to prove his point. When answering the question about the <br />tower being in harmony with the neighborhood, he said that on Greenfield Road all telephone and power lines <br />are buried. They have restrictive covenants and he read these into the record. They include no parking on <br />the street, no cutting trees within 30 feet of the street, no permanent structures can be built within 20 feet of a <br />neighbors yard, no RVs or trailers may be parked even temporarily on Greenfield Road, no junk cars or <br />unlicensed vehicles are allowed, grass must be cut, there are minimum setback requirements, buildings <br />cannot be altered without an agreement with the Homeowners Association, no livestock is allowed, no <br />breeding of animals, no vegetable gardens in front, etc. He emphasized that they have no eyesores in the <br />neighborhood. He submitted some photographs of his neighborhood and told the County Commissioners <br />about each one. He asked the County Commissioners if anyone can reasonably believe that a 235-foot <br />lattice tripod with blinking lights night and day, 400 feet from his land, 450 feet from his solarium will be in <br />harmony with Greenfield Road or with his acre of natural landscaping. He feels that Gearon has not <br />attempted to address this issue. On Greenfield Road they have unanimous support up and down the street <br />and the County Commissioners have letters and petitions signed by 25-30 people stressing that point. He <br />said that in the impact report, they don't talk about maintain or enhance. They only talk about not having a <br />negative effect. To illustrate they have no problem in communicating from the Orange Grove area, he <br />submitted for the record a tape of several phone calls from Fred Stipes, the Association President from <br />locations on West 54 the Association President, whose voice could be heard . Mr. Townsley made reference