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OC Board of Adjustment – 6/8/2015 Page 29 of 68 MOTION made by Jeff Schmitt to enter into evidence. Seconded by David Blankfard. 1 VOTE: Unanimous 2 3 Bob Hornik: I am Bob Hornik with the Brough Firm in Chapel Hill. 4 5 Michael Harvey: We are calling this Exhibit 1, is that correct? 6 7 Larry Wright: Is there one available? 8 9 Bob Hornik: I am here on behalf of …. I wouldn’t call it the defense but I would call it the opposition. I represent a 10 coalition of property owners who live in the Mt. Sinai/Kerley Road area who organized and refer to themselves as Keep 11 Kerley Country. Everyone here is part of our organization raise your hand and let yourselves be known. I want to start 12 by talking about the application and the ordinance and information that is in the record and the information we submit to 13 you that is not in the record that perhaps ought to be and then we will conclude my comments by introducing about five 14 witnesses who will speak on behalf of the coalition , each trying to focus on a particular issue or set of issues and I will 15 try to keep them focused on their comments and perhaps have a summation at the end. Looking at the packet, first and 16 up on the board now, this is part of the applicant’s proposal and it is the half mile search ring that is submitted in the 17 application and why I think that is important is two reaso ns; one to orient us, down here is the Hollow Rock Pools, that 18 is …… 19 20 Tom Johnson: Point of clarification. This is not the search ring for the tower, this from the balloon test. This is in a h alf 21 mile of the tower center and the search ring is different. 22 23 Bob Hornik: Perfect. Better clarification. The reason I wanted to point this out and use this is to illustrate among other 24 things is that the Kerley Road tower is located at just about at this number 10 on the applicant’s exhibit looking within 25 one quarter mile of the proposed site of the tower on the Bergman property and I think that is important for reasons that 26 we have already discussed and will discuss a little bit more. My second photograph was taken about a week ago, 27 maybe two weeks ago and it is a photograph…. 28 29 Tom Johnson: I don’t object to the photograph. I object to any of the information regarding property sales and the 30 caption because in these hearings under state law, in order to draw any conclusions from any property values, you 31 have to have an expert be in real estate or an appraiser. I object to any of that coming in and especially any opinion 32 regarding reduction of below the appraised value because that is solely the purview of an expert in quasi-judicial 33 hearings. 34 35 Bob Hornik: I am not offering this photo for the purpose of the caption beneath it. As far as I am concerned we can 36 disregard that…. 37 38 Tom Johnson: I would like to disregard that and have it stricken from the record as that is irrelevant and inconsistent 39 with the statutes regarding quasi-judicial matter. 40 41 Larry Wright: Can you state why, if you are going to disregard the caption, what is the purpose of this? 42 43 Bob Hornik: The purpose of this is that, see this indicated on the overhead, that is the Kerley Road tower. That is the 44 stealth monopine set back in the woods behind the house at 5266 Kerley Road and I offer that because as in Durham, it 45 is a 120 foot monopine tower permitted as a right in that district under the Durham UDO because it is only 120 feet and 46 it is a monopine. One of the standards in the Durham UDO and I know this because I was involved in the appeal that 47 Mr. Johnson mentioned earlier, has to do with concealed wireless communication facilities and a concealed wireless 48 communication facility in Durham, up to 120 foot tall, is permitted as a matter of right and the standard in Durham is that 49 the tower has to be at least…. 50