Planning: October 24, 2007

October 24, 2007

NELSON COUNTY PLANNING COMMISSION
MEETING MINUTES
October 24, 2007

Present: Chair Philippa Proulx, Vice Chair Emily Hunt, Commissioners Linda Russell, Michael Harman, Michael Tapager and Supervisor Tommy Harvey

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room of the County Courthouse. Chair Proulx announced that Site Plan #2007-010 for Region 10 Counseling Center will be considered by the Commission in November and that the Class II Telecommunications Tower application submitted by Cingular Wireless has been changed to a Class I which does not require Commission approval.

Approval of Minutes: Commissioner Russell made a motion to approve minutes from the September 26 2007 meeting. Supervisor Harvey provided the second, and motion passed 5-0. (Commissioner Hunt joined the meeting at a later time.)

Class II Communication Tower Permit – Verizon Wireless

Mr. Boger reported that Verizon Wireless is requesting a Class II Communication Tower Permit to install an 89’ wooden pole with a 1’ lightning rod extending the height to 90’ on property owned by Mr. David Miller, 349 Cove Mountain Road, Lovingston, Tax Map #57-A-39B. Existing towers were approved pursuant to Section 20-7 of the Zoning Ordinance, Process for Class II Communication Tower, provided the tower does not extend more than 10 feet above the average tree height on the ridge. This application requests 17.8’ above the tallest tree. A wooden security fence will be erected around the cell site. The applicant would like to waive the landscape requirement; however, the site is along the edge of the road and existing vegetation may not be sufficient. The size of the leased area is large, which may negatively impact the properties in the area.

Mr. Boger suggested that a balloon test be conducted for Commissioners to determine whether the proposed height will be acceptable. There are three existing towers in close proximity to the proposed location: Nelson County Cablevision, Alltel wooden pole, and nTelos 80’ pole.

Ms. Lori Schweller, attorney representing Verizon Wireless, introduced other members of the Verizon team: Clare Novak and Julian Pedini from NB&C, LLC, Vincent Crute, Catherine Faulkner, and Lori Roberts from Verizon Wireless, attorneys Maynard Sipe and Steven Blain, and Joe O’Connor of WRI. Ms. Schweller addressed the following concerns from Mr. Boger’s staff report:
1)   The fenced lease area is adequate to hold all required equipment, including generator and related facilities for the tower.
2)   Natural vegetation covers all the area. Mr. Boger has suggested that a wooden stockade fence would be more appropriate than a chain-link fence. This is a good alternative to landscaping.
3)   A Class II tower on a mountain ridge can be 30’ above the ridge. This application is for 17.8’ above the tree line. The site on Cove Mountain Lane is ideal for providing service to wireless customers traveling along Rt. 29.

Ms. Schweller showed pictures of the balloon test results and simulations of the tower’s appearance from the village of Lovingston vantage point.

Ms. Schweller said that none of the existing poles have space for co-location. The access road to the tower will be Cove Mountain Lane. The equipment shed will be approximately 10’ 7” tall and the fence will be 8’ tall.

Commissioner Russell asked about future plans for other installations. Ms. Schweller replied that Verizon Wireless has received licenses from the FCC to locate sites in Nelson and Albemarle Counties. They will build as few as necessary; however, each tower is dependent on the other and is specific to land topography. Verizon’s plan is to provide complete, comprehensive wireless coverage to the County. All permits will be approved before any construction will begin. Underground electrical service on this site will be provided from an existing transformer.

Ms. Schweller requested that the bond requirement stated in Section 20-7-10 be waived. Chair Proulx stated she would recommend a removal bond. Catherine Faulkner of Verizon Wireless stated that this is standard practice for Verizon installations.

The public hearing was opened, there were no comments, and public hearing was closed.

Commissioner Hunt expressed concern about the request to waive the landscaping requirement. Chair Proulx indicated that the existing vegetation seemed sufficient as long as it is maintained. Mr. Boger said this would not be a problem since a wooden fence enclosure will be used. Commissioner Hunt asked about the equipment shed construction. Mr. Vincent Crute said it would be constructed of aggregate finish on the outside and fiberglass, which is standard for communication equipment shelters. The flat roof is slightly pitched with a dull finish.

Commissioner Russell and Mr. Boger expressed their appreciation to Verizon for their submission of a detailed and complete application.

Commissioner Russell made a motion to approve Verizon Wireless’s application for a Class II Communication Tower, as stated in the following resolution:

The Planning Commission approves the application submitted by Verizon Wireless to construct a 90’ wood telecommunications tower with 3 flush mount antennas and associated equipment and to install a 12’ x 30’ ancillary equipment shelter within a 30’ x 60’ lease area on property owned by David Miller, 349 Cove Mtn. Lane, Lovingston, Virginia, Tax Map #57-A-39B, per Site Development Plan consisting of 16 pages, all but 2 of which are dated by Hal Bailey, Professional Engineer, on October 17, 2007. Pages SV-1 and SV-2 are dated September 20 and September 19, 2007, respectively, by land surveyor, Timothy Nash. Waiver of landscaping requirements under Section 20-7-5k is granted with the understanding that existing vegetation be maintained and replaced when needed. A bond equal to installation cost may be modified to reflect removal costs only.

Commissioner Harman provided the second, and motion passed 6-0.

Board of Supervisors Liaison Report - None

Other Business:

Chair Proulx mentioned the letter of information from Maggie and Don Honeycutt which was distributed by mail to the Commissioners regarding a proposed facility in the County. If plans come to fruition, the Honeycutts will be requesting the required permits from the Planning Commission and Board of Supervisors when a site is acquired.

Adjournment

At 8:00 o’clock P. M., Commissioner Harman made a motion to adjourn, Commissioner Russell provided the second, and motion passed 6-0.

Next Meeting: November 28, 2007

Respectfully submitted,

Betty Fortune
Planning Secretary

A RESOLUTION
APPROVING CONSTRUCTION OF A
CLASS II TELECOMMUNICATIONS TOWER FOR
VERIZON WIRELESS

WHEREAS, Verizon Wireless has filed an application to construct a 90’ wood telecommunications tower with 3 flush mount antennas and associated equipment and to install a 12’ x 30’ ancillary equipment shelter within a 30’ x 60’ lease area on property owned by David Miller, 349 Cove Mtn. Lane, Lovingston, Virginia, Tax Map #57-A-39B; and

WHEREAS, a notice of Public Hearing for the review of the application by the Nelson County Planning Commission was published in the Nelson County Times on October 4 and 11, 2007; and

WHEREAS, on October 16, 2007, adjoining property owners were notified of the public hearing on this application; and

WHEREAS, on October 24, 2007, the Nelson County Planning Commission held the required public hearing on said application; and

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY PLANNING COMMISSION as follows:

The Planning Commission approves the application submitted by Verizon Wireless to construct a 90’ wood telecommunications tower with 3 flush mount antennas and associated equipment and to install a 12’ x 30’ ancillary equipment shelter within a 30’ x 60’ lease area on property owned by David Miller, 349 Cove Mtn. Lane, Lovingston, Virginia, Tax Map #57-A-39B, per Site Development Plan consisting of 16 pages, all but 2 of which are dated by Hal Bailey, Professional Engineer, on October 17, 2007. Pages SV-1 and SV-2 are dated September 20 and September 19, 2007, respectively, by land surveyor, Timothy Nash. Waiver of landscaping requirements under Section 20-7-5k is granted with the understanding that existing vegetation be maintained and replaced when needed. A bond equal to installation cost may be modified to reflect removal costs only.

Motion made by Commissioner: Linda Russell

Motion seconded by Commissioner: Michael Harman

Motion Passed:   6-0
                       APPROVED: __________________________
                                   CHAIR

                       ATTEST: ______________________________
                                  Planning Commission Secretary                                                                                   DATE:     October 24, 2007