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DRAFT OC Board of Adjustment – 11/9/15 Page 133 of 156 they looked for looked for other places to co-locate, they looked at other opportunities to use other 1 alternative technologies, they’ve looked at that Malot candidate. They’re asking you to believe that 2 we are here and we have spent years on this process, thousands of dollars in applications fees, in 3 environmental assessments. We’ve done all that for a tower that is not needed and won’t solve 4 the problem. That’s what they’re asking of you guys. And I believe that the evidence shows that 5 we need that tower, even though we don’t have to prove it, and that it will address the problem 6 that is identified. In terms of any concerns about timbering, we have shown an alternative 7 landscape in the event that that happens, and I believe that the Buckner’s’ are willing to work to 8 make sure there is some type of a buffer that would remain on the property, in the event that that 9 did happen, although that’s not certain. And finally, I’ll just end by saying that the County, Mr. 10 Harvey, has gone through the application, determined that we met each of the standards. The 11 consultant, Jackie Hicks, with Carolina Telecommunications has determined that we meet all the 12 standards and they recommend approval. I would respectfully request that this Board approve as 13 well. 14 15 Samantha Cabe: And do you have proposed findings to submit? 16 17 Laura Goode: I believe I gave those to Mr. Harvey. 18 19 Samantha Cabe: Oh, did you hand those out already? Ok, sorry. Thanks. 20 21 John Price: I’d like to thank the Board for their time and attentiveness as well. I’ll be brief in my 22 summation statement. The burden is on TowerCom to establish that this proposed tower will 23 maintain or enhance the value of contiguous property, unless it was a public necessity it would 24 have been there showing a public necessity in this case. As I read that standard, either maintain 25 or enhance and if the value of the contiguous property is diminished in any way that is not a 26 maintenance or enhancement of that property value. We have in this case the testimony and 27 appraisal report of Mr. Ogburn, who testified this evening, who is a residential appraisal expert, 28 unlike David Smith, who is primarily a commercial appraisal expert. Testimony of Evan and Owen 29 Gwen, the affidavits of Ben Rudnick and William Hamlin the prospective purchasers of properties 30 located within Dove Field. And I would submit that the report prepared by David Smith, which is 31 the only evidence provided in support of TowerCom’s burden to prove maintenance or 32 enhancement of value, that Mr. Smith’s report is inadequate in that it relies upon comparisons of 33 values without appraising the actual value of any property that’s located in the immediate 34 contiguous area where this proposed tower’s going to be built. I’ve cited two North Carolina cases 35 in the two letters that were submitted as part of opposition number 6 this evening where reports 36 almost identical to Mr. Smith’s were rejected as being not substantial and not sufficient to meet 37 the burden of proof. In those cases it was not a burden of proof of maintain and enhance, it was a 38 stronger version a higher version, where they actually had to prove no substantial adverse impact. 39 I would also submit that in Mr. Smith’s report, if you read Mr. Smith’s report, there are three 40 different occasions of that report where he specifically says, “indicates there will be damage to 41 property where the tower will be visible from that property”. Yet he doesn’t appraise any of the 42 properties that will, in fact, have a clear view of this tower. So it’s our position that TowerCom has 43 failed to meet its burden of proving maintenance and enhancement of value. In addition, although 44 there may be a prima facia case for this being in harmony with the surrounding area because of 45 the rural buffer definition of what is and is not permitted, and it does permit cell towers, we would 46 submit that the testimony of Mr. Owen Gwen, Even Gwen, the Dove Field master plan, maps, and 47 photos all support our clients position, which Amber Corbin also agrees with, and the other 48 gentlemen who spoke tonight, I can’t remember his name, that… 49 50 135