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BOA minutes 070813
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BOA minutes 070813
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BOCC
Date
7/8/2013
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 070813
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Approved 9/10/2013 <br /> <br />OC Board of Adjustment – 7/8/2013 Page 21 of 82 <br /> <br />little more detail and also during the hearing last month about the general standards for special use permit 1 <br />applications. We have shown in our application and I don’t believe there has been any competent material or 2 <br />substantial evidence to the contrary about any of these general standards for special use permits. First, we have 3 <br />shown the tower will maintain or promote the public health, safety and general welfare. We have shown that the 4 <br />emissions for the antennas will comply with all federal standards and guidelines. We have shown that the tower will 5 <br />allow 911 service to be available for AT&T customers during times of emergency and also that the county has the 6 <br />ability to place its own emergency equipment on the tower as well. The service will, as the witnesses from the 7 <br />chamber and the public witnesses, have talked about how the service will lead to and improve quality of life from many 8 <br />aspects and also will improve economic development for the county. We have also shown that the second standard 9 <br />has been met with the monopole tower to maintain or enhance the value of contiguous property. The monopole tower 10 <br />will not be a nuisance. There will be no noise, no glare and the tower will not be lit because it is not required to be lit 11 <br />by the FAA. There will be little or minimal traffic that will be generated once the tower has been constructed. As I 12 <br />mentioned, there will be two to four vehicle trips per month and most significantly we provided a property impact 13 <br />analysis from David Smith who testified at the hearing a month ago. He is a North Carolina certified real estate 14 <br />appraiser. His report is supported by factual analysis and data and evidence. His report concludes that the proposed 15 <br />tower will maintain and enhance the value of contiguous property. We have also shown in our application materials 16 <br />that the tower will be in harmony with the area in which is to be located. Telecommunications towers are permitted as 17 <br />special uses on property that has been zoned rural buffer which is the zoning classification of Mr. & Mrs. Yow’s 18 <br />property and once a use is permitted as a special use in particular zoning classification, it is considered evidence that it 19 <br />will be in harmony with the area in which it will be located. We have also mentioned it will not be a nuisance and not 20 <br />be lit with no noise or glare and little traffic. Mr. Smith also provided testimony at the hearing last month which he 21 <br />provided his conclusion as well that the tower will be harmony with the area in which is proposed to be located. I also 22 <br />wanted to mention that this particular application has generated quite a bit of interest among businesses and from the 23 <br />Chamber of Commerce because there is insufficient coverage in the county and coverage is not being not just asked 24 <br />for but demanded of the different carriers. Last month, Aaron Nelson from the Chamber of Commerce talked about 25 <br />how important the telecommunications coverage is in the county and in this area in particular for economic 26 <br />development and he urged the board to approve the application. Kristen Smith, who is the Vice-President of Advocacy 27 <br />and Engagement, also testified last month and she is a neighbor along Old Greensboro Road and lives about a mile 28 <br />from the tower site. She testified from a personal perspective for the need of a better telecommunications area along 29 <br />Old Greensboro Road. Then Desiree Goldman testified, she is with the Greater Chapel Hill Association of Realtors, 30 <br />talked about safety concerns of a realtor who goes into homes with clients and how concerned she is when there is not 31 <br />telecommunications service for her own personal safety. She also talked about how critically important it is for home 32 <br />buyers that there be telecommunications in the home they are considering purchasing and she also talked about when 33 <br />some of the home buyers learned there is not telecommunications coverage that they often times lose interest in 34 <br />purchasing the house. She also talked about, in Orange County, she believes it a lifestyle that the county should 35 <br />continue to encourage where the county should allow the infrastructure to be available such that people can have less 36 <br />of a footprint that they can work from home and spend less time in their vehicles if they are able to do so. Then 37 <br />Jeremy Browner also talked about the importance of telecommunications coverage especially from his perspective in 38 <br />the rural areas and then again tonight we have had three additional witnesses, Margot Lester, who spoke this evening 39 <br />and she stated she used to live off Old Greensboro Road. One of her comments was that anything we can do to make 40 <br />the 199 foot monopole less of a visible impact would be appreciated and I wanted to point out what we have already 41 <br />agreed to do which is the conservation easement that we have talked about. The ordinance requires the antennas be 42 <br />flushed mounted to the tower and that is something we will be doing as well. Then Art Menius spoke as well and he 43 <br />talked about how important it is for telecommunications coverage for small businesses to thrive and grow and then 44 <br />Libby Hough who just spoke. I did want to address some of the concerns raised by the neighbors. There was 45 <br />discussion about impact of property values from Mr. Lenchek and Ms. Figueror however; those two witnesses provided 46 <br />no data, had no evidence, they are not appraisers and they did not provide an appraisal report and the information 47 <br />they provided would be, what the courts would be, generalized concerns that there would be no supporting facts for 48 <br />data and would not be considered competent material evidence. The North Carolina case law states that it is clear 49 <br />that opinions and conclusions about impact of property values that are not supported by factual data or background 50 <br />are considered to be incompetent and insufficient evidence that cannot be relied upon. Also, I talked about the balloon 51
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