Orange County NC Website
DRAFT <br /> <br />OC Board of Adjustment – 11/9/15 Page 132 of 156 <br /> <br />Samantha Cabe: Ok. 1 <br /> 2 <br />Karen Barrows: So can I just ask, we have this letter from Patricia Williams saying they give 3 <br />permission for the use of the road. 4 <br /> 5 <br />(Inaudible exchange amongst Board members) 6 <br /> 7 <br />James Bryan: And if I may also, so there’s one about soil erosion, stuff like that. That’s about 8 <br />something else. The other one is safety, and I believe this is already forward off to the fire 9 <br />marshal, and the sheriff, and stuff like that. That’s normally what you would have plans and 10 <br />responses so you would assume that’s fine, as long as they’ve got access to it. 11 <br /> 12 <br />Samantha Cabe: Thank you. 13 <br /> 14 <br />(Inaudible exchange amongst Board members) 15 <br /> 16 <br />Samantha Cabe: Alright, would you like to make your… does either party want to make sort of a 17 <br />closing statement or argument before we begin deliberations? 18 <br /> 19 <br />Laura Goode: Yes. Thank you for your time, and all of your consideration, I will just make a couple 20 <br />of points that I wanted to highlight for you before you make your deliberations. The first is to 21 <br />address a couple of things in terms of real estate impact. For differing expert opinions, using 22 <br />differing… Well one person has cited the real estate impact or the article on property values from 23 <br />New Zealand that was from 2005, and did not address properties in the United States, the 24 <br />testimony provided by David Smith, which accompanied his real estate impact study that was 25 <br />prepared and submitted as part of the application used not only analysis of the Cobble Ridge and 26 <br />Sunset Ridge neighborhoods that Mr. Ogburn looked at, he also made adjustments for those 27 <br />sales prices based on differences in the homes, in terms of better things about them that Mr. 28 <br />Ogburn did not make. He also did a match pair analysis, which he testified to as the standard for 29 <br />accessing real estate impact values, and that was done in Orange County for a tower, with 30 <br />properties zoned rural buffer, which is the same zoning classification as the subject property and 31 <br />surrounding properties and found that no impact to property value occurred as a result of that 32 <br />proximity of that tower. Also, introduced tonight as part of rebuttal of the article that was attached 33 <br />to Mr. Ogburn’s study there was an updated study or an article published from the American Bar 34 <br />Association talking about, and looking at, real estate impact studies in North America. Not only in 35 <br />North America, but specifically in Chatham County, North Carolina and cited one of the studies 36 <br />done by Mr. Smith, our expert, that was corroborated by another expert in North Carolina, Tom 37 <br />Keith and Associates. And they cited that as some of the evidence that cell phone towers do not 38 <br />negatively impact property values. That same article, I would ask that you read it and consider it. 39 <br />They called into question the validity of that New Zealand study for a number of reasons. And 40 <br />finally, talked about how there was an actual case study where a cell phone tower company had 41 <br />applied for a Special Use Permit, just like in this situation, they got their approval, it was appealed, 42 <br />and the appeals process took approximately three or four years. During that time period they were 43 <br />able to erect a temporary tower. And they were able to study what the impact of that temporary 44 <br />tower, through duration of that appeal, what that impact was to property values. And they found 45 <br />that there was no negative effect to property values from that. That was a recent case in the 46 <br />United States. Now, you’ve also heard a lot of testimony about what the need for this tower is, 47 <br />what the purpose is, whether other technologies can adequately address the need that has been 48 <br />identified by Verizon. And what this really all boils down to is what the opponents are asking me to 49 <br />determine is that Verizon and TowerCom and all of the witnesses have come here to testify is that 50 <br />134