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Approved 9/10/2013 OC Board of Adjustment – 7/8/2013 Page 22 of 82 test that it was a reliable report. As far as the safety of the tower, we are required to provide a fall zone for the 199 1 foot tower which is 110% of the tower and the fall zone is 219 feet so no structures or property lines can be located 2 within 219 feet of the tower and that has been complied with. In addition, Sesame Road with the neighborhood 3 directly to the east of Sesame Road is located 375 feet away from the tower. 4 5 Samantha Cabe: On the notes on your map submitted as Applicant’s Exhibit 2 and note 5 indicates that the tower is 6 located such that there are none existing within 500 feet of the tower center? 7 8 Karen Kemerait: I assume that it is accurate. I mean 375 feet from Sesame Road is the location of the Road. 9 10 Samantha Cabe: From the centerline of Sesame Road? 11 12 Karen Kemerait: Yes. I did want to mention about the report provided by the New York attorney and I wanted to 13 mention that the law that was presented in that report is based on Circuit Federal Law and what has been discussed, 14 to some extent, was discussion about how an applicant must find the least intrusive means to fill a gap in coverage. 15 That is not the law in the Fourth Circuit that North Carolina would be if we were in Federal Court we would be the 16 fourth circuit. The Fourth Circuit has a case, T-Mobile versus Fairfax Board which was decided in 2012, specifically 17 rejected that the least intrusive means test and stated that is not the law of the Fourth Circuit. Even if it were the law, 18 the Orange County UDO essentially has a standard similar to that. It requires an applicant to evaluate less intrusive 19 options for any tower placement and this is according to Section 5.10.8.b.4.b and the hierarchy of sites is number one 20 to consider locating the antennas on an existing county owned facility in which the height will not have to be increased. 21 The second criteria are to consider an existing facility such as an existing tower without increasing the height. The 22 third is on county properties and the fourth is on properties zoned for commercial or industrial use and American Tower 23 and AT&T considered each of those options and as noted in the application none of those options were available that 24 is the reason they have come forward with an application to lease property from Mr. & Mrs. Yow. We are asking that 25 the application be approved because we have met all the technical requirements for telecommunications towers and 26 all the general standards for special use. Thank you. 27 28 Larry Wright: Mr. Dixon, do you have a summary statement? 29 30 Gary Dixon: I would like to go back to the map and reiterate that each one of the plots or squares represents a family 31 with real people and real children. Thirty females constitute well over 100 people that will be greatly impacted by 32 something that is the maximum height. They have not looked for anything less intrusive. I understand there are no 33 other structures that will support a 20 story tall tower. They have to have this much space for something that big that 34 towers over everything. Leaving those trees that are half the height of a 20 story tower will not hide this tower. They 35 will not camouflage this at all. The second picture is nearly twice as tall as the existing trees. I walked it off this 36 morning and from the center of Sesame Road, it is approximately 250 feet from the front yard of the closest house. 37 There is very little room if anything at all goes wrong. I would also like you to consider how much traffic it will create 38 with the trucks, the school buses on an 18 foot wide road. It will be very dangerous. At the speed limit of 25. This 39 road has one way in and one way out. Where will they turn around at? These are real people with families. 40 41 Michael Harvey: In your application packet, tab 6, the site plan, sheet 5 provides you with the location of the proposed 42 tower, it provides documentation that the tower is well within the required fall zone and then scaling out the boundary 43 from the identified fall zone is approximately another 190 feet so it is 218 feet plus another 190 feet is where the tower 44 is setback from Sesame Road. The applicant has provided, in attachment 3 of this packet, the detailed narrative 45 referring to all the various attachments outlining how they comply with the code. On page 100, we have provided what 46 we believe are some linkages to the Orange County 2030 Comprehensive Plan that demonstrate compliance with 47 various goals and policies as adopted by County Commissioners. Staff typically provides you with the 48 recommendations on specific findings that are contained within the Unified Development Ordinance. Specifically the 49 applicant has submitted the completed application form, the necessary number of documents, has paid the required 50 application fee and beginning on page 132 we have found the applicant has complied with Sections 2.2 and 2.73 51