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BOA agenda 031317
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BOA agenda 031317
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3/13/2017
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Regular Meeting
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BOA minutes 031317
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DRAFT <br /> <br />OC Board of Adjustment – 11/9/15 Page 9 of 156 <br /> <br />legal access to the site and has acquired that legal access. Any issue regarding the legal access 1 <br />to the site would not be something that this Board needs to determine as part of the Special Use 2 <br />process. Other concerns were raised. There are people who I believe are here in opposition to 3 <br />this tower facility tonight. And you will hear from them. We did receive the letter dated December 4 <br />11th, last night, and read through that. Looking at their concerns, it does appear that these are the 5 <br />same concerns that you all are fully familiar with we see often with these tower applications. 6 <br />They’re concerns about health, about impact of property values, and aesthetics. So in terms of 7 <br />health, Exhibit 17 in the application is a certification from the Verizion engineer stating that the 8 <br />facility will at all times be maintained and in compliance with SCCU regulations. And again, as I’m 9 <br />sure your attorney has advised you, Federal Law is pretty strict about what can be the basis of 10 <br />denial for a construction of placement of a tower and health affects and concerns of that nature 11 <br />are not a basis for determining location of any wireless facility. In terms of impact to property 12 <br />values, again, David Smith performed his impact study that was part of the application and he is 13 <br />here to give his expert opinion as to the impact of property values. In terms of concerns about 14 <br />aesthetics, again, they’ve raised concerns that the property may be timbered in the future. I’ve 15 <br />already addressed how this facility will be in harmony with the area and what steps Towercom will 16 <br />take in the event that timbering occurs. However, I did want to just underscore again the fact that 17 <br />this will be an innoculous use. It’s a monopole tower without the lattice or the guywires, it’s going 18 <br />to be galvanized steel gray in color without painting or marking, it’s not going to be lit, it’s not 19 <br />going to be emitting noise, there’s not going to be dust, there’s not going to be odor. Those are 20 <br />the things that are usually the biggest impact to property. Now, is it going to be visibile from some 21 <br />properties? Yes. A 195-foot pole is not going to be invisible, but we have taken steps to make this 22 <br />as minimally visible as possible given that it is a 195-foot tower. Overall, there is a signifcant gap 23 <br />in coverage. This tower is needed to fill that gap in coverage, and provide capacity offload and the 24 <br />staff has determined as well as the staff’s consultant, Jackie Hicks, has determined that this 25 <br />application as submitted met all of the ordinance requirements and therefore we would 26 <br />respectfully request that this Board approve the SUP. And at this time I would be happy to answer 27 <br />any questions. I also have some witnessed to call to support the application. 28 <br /> 29 <br />Karen Barrows: I have a couple for Ms. Goode. Under tab 28 …. According to tab 28 it looks like 30 <br />the bond is going to be for $75,000. 31 <br /> 32 <br />Laura Goode: Yes, Ma’am. 33 <br /> 34 <br />Karen Barrows: In our packet it said that the bond had to be a total of 110% of what it’s actually 35 <br />going to cost to remove this (the tower). And one of your tabs showed a cost of $74,000 and 36 <br />change to remove it, so does that meet the obligation? 37 <br /> 38 <br />Laura Goode: So there are two bonds that are required. The performance bond and the tower 39 <br />removal bond. So I believe that 28 is the performance bond. 40 <br /> 41 <br />Michael Harvey: I’m sorry, let me interrupt. If you’ll go back to the main portion of the application, 42 <br />(tab) 28 is the draft performance bond, and then tab 24 establishes the costs of removing the 43 <br />tower. That (tab 24) establishes the cost to remove the tower and tab 23 is the removal bond in 44 <br />the sum of $81,537.50. 45 <br />11
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