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DRAFT OC Board of Adjustment – 11/9/15 Page 134 of 156 Samantha Cabe: Mr. Barnes. 1 2 John Price: That having a 199-foot tower in this type of community, given the nature of the 3 community, and use being made of the property of the community is clearly not in harmony with 4 that property. We also submit, and it’s set forth in our proposed findings of fact, that as supported 5 by the testimony of Mr. Levitan that TowerCom did not adequately consider alternatives, co-6 location alternatives, as well as technology alternatives that would satisfy the needs that they’ve 7 identified. Mr. Levitan also testified that contrary to the testimony of TowerCom’s experts this one 8 single tower will not satisfy either one of the needs identified by TowerCom and Verizon. Yet there 9 are other alternatives, which are not visually intrusive, that are the least adverse visual effect, and 10 those alternatives include the smaller cell towers, small cells, the micro cells, the DAS systems 11 that, according to Mr. Levitan, can in fact be used both along the Mount Carmel Road and also at 12 the UNC Campus, in order to satisfy the capacity overload need and the lack of coverage along 13 the Mount Carmel. In this case, there has been no attempt to utilize any stealth technology or 14 camouflage techniques whatsoever. Testimony has been, not the testimony, the evidence they 15 shared that it’s the intent of Buckner Family Trust to timber the property. We don’t know whether 16 that’s going to incorporate all of the timber on the property, all the trees being depicted on the 17 map. If that is what’s intended then as soon as that is done it’s going to dramatically increase the 18 visual impact of the property in this area of that cell tower. Also, as Mr. Levitan testified, building 19 this type of cell tower will not even… that all likelihood will not be occurring within another year or 20 two. It’s our position the Board should not be allowing construction of this 200-foot cell tower with 21 other technologies and new technologies are here, additional technologies are coming along, 22 which will easily satisfy all of these needs that have been identified in this case. Without the 23 necessity of building that 200-foot eyesore, which for those people who live in the area, it may not 24 seem that way to others who don’t live there, but I can assure you and I’m sure you all know 25 this… W hen you own property, when you bought that property you didn’t expect there to be a 200-26 foot tower visible from your home. No one would anticipate that, would expect that. And that’s 27 exactly what’s going to happen if the Board approves this application, and common sense tells 28 everyone that there is going to be an adverse impact on these properties. It’s amazing to me that 29 any expert could take the position that it will not have an adverse impact. I don’t know anything 30 about this article that appeared in the lawyers publication, I do know that lawyers don’t voluntarily 31 go out and write articles, unless they’re being paid by someone. And I would suggest that in all 32 likelihood these lawyers are representing either those that who construct cell towers or that 33 provide them to the cell services. They’re certainly not experts. So it’s our position and our request 34 that the application for the Special Use Permit be denied on its face. 35 36 Samantha Cabe: Alright, any questions from the Board before we close the public hearing and 37 enter deliberations? Oh, actually… It’s 10 o’ clock, do we have a motion to extend the hearing to 38 deliberate and render a decision? 39 40 Motion made by Barry Katz to extend hearing 30 minutes to include deliberations. Seconded by 41 Karen Barrows. 42 VOTE: Unanimous 43 44 Samantha Cabe: So currently this meeting will be extended to 10:30 pm. Now do I have a motion 45 to close the hearing and begin deliberations? 46 47 Matt Hughes: Ms. Goode, something that the opposing council mentioned was camouflage things. 48 Like I know it could be in this big binder of why that’s not possible or if it was considered. But I do 49 know there are cell towers I’ve noticed in the area of 15-501 in Durham, for example, near the 50 136