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Approved 3113117 <br />1 legal access to the site and has acquired that legal access. Any issue regarding the legal access <br />2 to the site would not be something that this Board needs to determine as part of the Special Use <br />3 process. Other concerns were raised. There are people who I believe are here in opposition to <br />4 this tower facility tonight. And you will hear from them. We did receive the letter dated December <br />5 11th, last night, and read through that. Looking at their concerns, it does appear that these are the <br />6 same concerns that you all are fully familiar with we see often with these tower applications. <br />7 They're concerns about health, about impact of property values, and aesthetics. So in terms of <br />8 health, Exhibit 17 in the application is a certification from the Verizion engineer stating that the <br />9 facility will at all times be maintained and in compliance with SCCU regulations. And again, as I'm <br />10 sure your attorney has advised you, Federal Law is pretty strict about what can be the basis of <br />11 denial for a construction of placement of a tower and health affects and concerns of that nature <br />12 are not a basis for determining location of any wireless facility. In terms of impact to property <br />13 values, again, David Smith performed his impact study that was part of the application and he is <br />14 here to give his expert opinion as to the impact of property values. In terms of concerns about <br />15 aesthetics, again, they've raised concerns that the property may be timbered in the future. I've <br />16 already addressed how this facility will be in harmony with the area and what steps Towercom will <br />17 take in the event that timbering occurs. However,'l did want to just underscore again the fact that <br />18 this will be an innoculous use. It's a monopole tower without the lattice or the guywires, it's going <br />19 to be galvanized steel gray in color without painting or marking, it's not going to be lit, it's not <br />20 going to be emitting noise, there's not going to be dust, there's not going to be odor. Those are <br />21 the things that are usually the biggest impact to property. Now, is it going to be visibile from some <br />22 properties? Yes. A 195 -foot pole is not going to be invisible, but we have taken steps to make this <br />23 as minimally visible as possible given that it is a 195 -foot tower. Overall, there is a signifcant gap <br />24 in coverage. This tower is needed to fill that gap in coverage, and provide capacity offload and the <br />25 staff has determined as well as the staff's consultant, Jackie Hicks, has determined that this <br />26 application as submitted met all of the ordinance requirements and therefore we would <br />27 respectfully request that this Board approve the SUP. And at this time I would be happy to answer <br />28 any questions. I also have some witnessed to call to support the application. <br />29 <br />30 Karen Barrows: I have a couple for Ms. Goode. Under tab 28 .... According to tab 28 it looks like <br />31 the bond is going to be for $75,000. <br />32 <br />33 Laura Goode: Yes, Ma'am. <br />34 <br />35 Karen Barrows: In our packet it said that the bond had to be a total of 110% of what it's actually <br />36 going to cost to remove this (the tower). And one of your tabs showed a cost of $74,000 and <br />37 change to remove it, so does that meet the obligation? <br />38 <br />39 Laura Goode: So there are two bonds that are required. The performance bond and the tower <br />40 removal bond. So I believe that 28 is the performance bond. <br />41 <br />42 Michael Harvey: I'm sorry, let me interrupt. If you'll go back to the main portion of the application, <br />43 (tab) 28 is the draft performance bond, and then tab 24 establishes the costs of removing the <br />44 tower. That (tab 24) establishes the cost to remove the tower and tab 23 is the removal bond in <br />45 the sum of $81,537.50. <br />OC Board of Adjustment- 12/12/16 Page 9 of 156 <br />