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Exhibit B <br />' ORANGE COUNTY PLANNING DEPARTMENT <br />306F REVERE ROAD <br />~; <br />HILLSBOROUGH, NORTH CAROLINA 27278 <br />`,..« ., o, 1~~ ~~ I`VE D <br />,~ <br />b~ . . <br />u° ~ F E B 1 1 1999 <br />February 8, 1999 <br />Mr. Ken Carter Real Estate Manager <br />American Tower <br />3016 Hillsborough Street <br />Suite 201 <br />Raleigh, North Carolina 27607. <br />Re: Action of the Orange Gounty Board of Commissioners in the Matter of the <br />Class A Special Use Permit Application SUP-2-98 <br />Dear Mr. Carter: <br />On February 2, 1999, the Orange County Board of Commissioners voted to deny the <br />above referenced Special Use .Permit application to ~ construct a 230 foot <br />telecommunications tower, an equipment cabinet, and an area for future additional <br />telecommunication carriers on property owned by Phillip and Alice Durham located on <br />N.C. 54 in Bingham Township (Tax Map No. 28..9P).. <br />Based on evidence presented at the public hearing held August 24,1998, and resumed <br />on November 17, 1998, the Board concluded that the applicant did not satisfy its burden <br />of establishing, by competent material and substantial evidence, the existence of the <br />facts and conditions required by Article 8, Section 8.8.17a.1 (d)(2)(h) and Article 8, <br />Section 8.2.1(b)(2) of the Orange County Zoning Ordinance. Findings of fact of the <br />Orange County Board of Commissioners are enclosed. <br />With respect to Article 8, Section 8.8.17a.1 (d)(2)(h), photographs submitted by the <br />applicant do not meet the required parameters to determine the visual impact of the <br />proposed tower to nearby residential development. <br />With respect to Article 8, Section 8.2.1(b)(2), the reports by Joseph Smathers, Jr. and <br />an Impact Study by Morgan & Company, Inc., do not furnish information relating to the <br />proximity (distance) from existing towers of properties used in the analyses nor compare <br />those distances with proximity of the proposed tower to properties on Greenfield Road. <br />Those reports do not compare sales (market values) . of the properties before <br />construction of a tower with sales (market values) of the properties after construction of <br />a tower; nor do those repots provide any comparison of properties within an area <br />~ .~ .~~ <br />2~ <br />,. <br />