HomeMy WebLinkAboutSP200700038 Legacy Document 2007-11-20 (2)ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 07-038: Carrsbrook (ATC) —
Staff: Gerald Gatobu
Verizon Tier III PWSF
Planning Commission Public Hearing:
Board of Supervisors Hearing:
November 13, 2007
January 9, 2008
Owners: Monticello Media, LLC
Applicant: American Tower Corporation/Verizon
Acreage: 10.375 (TMP 46-15)
Rezone from: Not applicable
(Lease Area is part of this larger piece)
Special Use Permit for: Sec. 10.2.2 (48) which
allows for Tier III personal wireless facilities in the
RA Zoning District
TMP: Tax Map 46, Parcel 15
By -right use: RA, Rural Areas; Property also has
Location: Directly across the entrance to Forest
an existing Special Use Permit last amended as
Lakes South and accessed from a gravel road
SP 03-026, for co -location of an array of nine new
that extends approximately 865 feet west from the
antennae.
southbound lane of U.S. Route 29 approximately
114 -miles north of the bridge that crosses over the
South fork of the Rivanna River.
Magisterial District: Rio
Proffers/Conditions: Yes
Requested # of Dwelling Lots: N/A
DA — RA — Yes
Proposal: co -location of one new array consisting
Comp. Plan Designation: The Comprehensive
of six (6) new antennas at approximately 140 feet
Plan designates this property as Rural Areas in
on an existing 180 -foot tall lattice tower with
Rural Area 1.
additional supporting ground equipment
Character of Property: The property is mostly
Use of Surrounding Properties: All adjacent
cleared with few wooded areas and several AM
properties are residential (zoned RA) with the
Radio frequency towers.
nearest dwelling unit approximately 750 feet to the
northeast of the site.
Factors Favorable: see report
Factors Unfavorable: see report
RECOMMENDATION:
Staff recommends approval with conditions as presented in the Staff Report
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AGENDA TITLE:
Gerald Gatobu
November 13, 2007
January 9, 2008
SP 2007-038 Carrsbrook ATC —Verizon Tier III PWSF
APPLICANT: American Tower Corporation/Verizon
PROPERTY OWNER(S): Monticello Media, LLC
APPLICANT'S PROPOSAL:
The applicant's proposal is for the co -location of one new array consisting of six (6) new antennas at
approximately 140 feet on an existing 180 -foot tall lattice tower with additional supporting ground
equipment (Attachment A). Transmitting equipment will be housed within a prefabricated shelter that
has measurements of 12'x 20'x 10.58' (W x L x H) and a stand-alone emergency power generator will
also be set at the tower's base. The property, described as Tax Map 46 - Parcel 15, contains
approximately 10.375 acres, and is zoned RA, Rural Areas (Attachment B). This site is located in the
Rio Magisterial District, directly across from the entrance to Forest Lakes South and is accessed from a
gravel road that extends approximately 865 feet west from the southbound lane of U.S. Route 29
approximately 114 -miles north of the bridge that crosses over the South fork of the Rivanna River.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 1.
REASON FOR PLANNING COMMISSION REVIEW:
SECTION: 10.2.2 (48) of the Zoning Ordinance which allows for Tier III personal wireless facilities in
the Rural Areas [RA] Zoning District by Special Use Permit. Section 31.2.4.2 requires Commission
review of applications for Special Use Permit.
PLANNING AND ZONING HISTORY:
SP 80-75 Clay Media, Inc.- At it's meeting on January 19, 1983, the Board of Supervisors granted
approval of the five guyed radio towers for WCHV that are located on this property.
SP 97-13 360" Communications - At it's meeting on July 18, 1997, the Board of Supervisors granted
approval of this special use permit to allow construction of the tower with a maximum height of 200 feet
tall that is subject to this request (Attachment Q.
SP 03-26 "Omnipoint (ATC Charlottesville)" At its meeting on August 13, 2003, the Board of
Supervisors granted approval of this special use permit with conditions to allow the co -location of a new
array consisting of nine (9) new antennas at approximately 155 feet on an existing 180 -foot tall lattice
tower with additional supporting ground equipment (Attachment D).
DISCUSSION:
The proposed array of antennae would be installed at approximately 140 feet above ground level on an
existing tower owned by American Tower Company. The lease area is on property owned by Monticello
Media LLC. SP 97-13 approved construction of a tower with a maximum height of 200 feet. The facility
was constructed in 1997 and currently has three other arrays of panel antennae that are attached at 150
feet, 160 feet and 178 feet with brackets that set them at more than 12 inches from the tower. In addition
to the tower, there is an existing 12 -foot by 28 -foot equipment building housing ground equipment for
other service providers located within a compound that is surrounded by an 8 -foot tall chain-link fence
in a wooded area. There are also five guyed radio towers on the property.
The site is approximately 525 feet above sea level (ASL), and is directly across from the entrance to
Forest Lakes South. The site is accessed from a gravel road that extends approximately 865 feet west
from the southbound lane of U.S. Route 29 approximately 114 -mile north of the bridge that crosses over
the South fork of the Rivanna River .All of the adjacent properties to the north and west of this site are
zoned Rural Areas, while the residentially zoned properties of Forest Lakes South are located to the east
and commercially zoned properties are located south of the bridge crossing the Rivanna River. Although
the area immediately surrounding the facility is wooded with a majority of deciduous trees that assist in
screening the view of the ground equipment buildings, the tower itself is much taller than those trees and
can be seen from varying distances along U.S. Route 29.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be reviewed as
follows:
Will the use be of substantial detriment to adjacent property?
As a result of the antennae's location on an existing tower with similar facilities, it is staff's opinion
that the proposal would not impose any additional substantial detriment to adjacent property. None
of the proposed changes will increase the height or visual impact of the tower. The proposed antennae
will be the lowest array on the existing tower. The ground equipment shelter will be screened from
adjacent properties by existing trees. Installation of the facility will not require the removal of any
vegetation.
Will the character of the zoning district change with this use?
The site of the proposed facility is already fully constructed and requires no additional land
disturbance or increase in tower height. Additionally there are five taller AM radio towers located to
the south of the lease area compound. There are three existing personal wireless service antennae on
this tower. The addition of another array of antennae should not impact the character of the district.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
Staff has reviewed this request as it relates to the "purpose and intent" that is set forth in Sections
1.4.4 and 1.4.7 of the Zoning Ordinance, and as it relates to the intent specified in the Rural Areas
chapter of the Zoning Ordinance (Section 10.1). This request is consistent with both sections.
Will the use be in harmony with the uses permitted by right in the district?
The existing tower is located on an "Antenna Farm" originally established over twenty five years ago.
No significant adverse impacts on adjacent properties in the (RA) Rural Area district are anticipated.
The proposed co -location on this tower will not restrict any nearby by -right uses within the Rural
Areas district. The existing tower is in the Airport Impact Area. Approval of the additional array of
antennae will not impact the height of the tower, and Airport traffic will not be hindered in any way.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
Section 5.1.12(a) of the Zoning Ordinance addresses the installation of public utility structures such
as towers and antennas by stating, in part, that those items shall not endanger the health and safety of
workers and/or residents, and will not impair or prove detrimental to neighboring properties. In order
to operate this facility, the applicant is required to comply with all of the Federal Communication
Commission (FCC) guidelines that are intended to protect the public health and safety from high
levels of radio frequency emissions and electromagnetic fields that are associated with wireless
broadcasting and telecommunications facilities.
Will the public health, safety and general welfare of the community be protected if the use is
approved?
The public health, safety, and general welfare of the community is protected through the special use
permit process, which assures that uses approved by special use permit are appropriate in the location
requested. In this case, the proposed facility will give Verizon the ability to offer another choice of
personal wireless service communication by providing a full range of voice and data services in
addition to the required E911 call services. This can be seen as contributing to the public health,
safety and welfare on a regional level.
Compliance with Section 5.1.40 of the Zoning Ordinance:
The county's specific design criteria for Tier III facilities as set forth in section 5.1.40 (e) are
addressed as follows.
Section 5.1.40 (e) Tier III facilities. Each Tier III facility may be established upon approval of a
special use permit issued pursuant to section 31.2.4 of this chapter, initiated upon an application
satisfying the requirements of subsection 5.1.40(a) and section 31.2.4, and it shall be installed and
operated in compliance with all applicable provisions of this chapter and the following:
1. The facility shall comply with subsection 5.1.40(b) subsection 5.1.40(c)(2) through (9) and
subsection 5.1.40 (d)(2%(3),(6) and (7), unless modified by the board of supervisors during special use
permit review.
2. The facility shall comply with all conditions of approval of the special use permit.
Requirements of subsection 5.1.40(a) application for approval and section 31.2.4 special use permits
have been met. Compliance with Section 5.1.40(e) of the Zoning Ordinance: The County's specific
design criteria for Tier III facilities set forth in Section 5.1.40(e)(1) and 5.1.40(e)(2) are addressed as
follows: [Ordinance sections are in italics]
Subsection 5.1.40(h (1-5- Exemption from regulations otherwise applicable: Except as otherwise
exempted in this paragraph, each facility shall be subject to all applicable regulations in this chapter.
The proposed PWSF will be installed at site that already has an existing tower. Verizon's equipment
shelter will be installed completely within the fence that surrounds American Tower Corporation's
compound and will meet the required Rural Areas setbacks in addition to all other area and bulk
regulations and minimum yard requirements. Attached site drawings, antennae and equipment
specifications have been provided to demonstrate that personal wireless service facilities (PWSF)
regulations and any relevant site plan requirements set forth in Section 32 of the zoning ordinance have
been addressed.
Subsection 5.1.40(c)(2): The facility shall be designed, constructed and maintained as follows: (i) guy
wires shall not be permitted; (ii) outdoor lighting for the facility shall be permitted only during
maintenance periods; regardless of the lumens emitted, each outdoor luminaire shall be fully shielded
as required by section 4.17 of this chapter; (iii) any equipment cabinet not located within the existing
structure shall be screened from all lot lines either by terrain, existing structures, existing vegetation, or
by added vegetation approved by the county's landscape planner; (iv) a whip antenna less than six (6)
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inches in diameter may exceed the height of the existing structure; (v) a grounding rod, whose height
shall not exceed two (2) feet and whose width shall not exceed one (1) inch in diameter at the base and
tapering to a point, may be installed at the top offacility or the structure; and (vi) within one month
after the completion of the installation of the facility, the applicant shall provide a statement to the agent
certifying that the height of all components of the facility complies with this regulation.
The proposed personal wireless service facility (PWSF) does not require the installation of guyed wires
on the existing tower and the facility does not include any whip antennas prior to any further County
approvals. The tower proposed for this co -location already has adequate grounding. The facility will
only have one outdoor light fixture attached to the proposed shelter and it will only be used by Verizon's
technical operations staff during times when night-time maintenance of the site is necessary.
Verizon Wireless' construction management team is currently in the process of obtaining the
design specifications for an after -market shielding device that complies with the County's lighting
requirements.
Subsection 5.1.40LC)(3): Equipment shall be attached to the exterior of a structure only as follows: (i)
the total number of arrays of antennas attached to the existing structure shall not exceed three (3), and
each antenna proposed to be attached under the pending application shall not exceed the size shown on
the application, which size shall not exceed one thousand one hundred fifty two (1152) square inches;
(ii) no antenna shall project from the structure beyond the minimum required by the mounting
equipment, and in no case shall any point on the face of an antenna project more than twelve (12) inches
from the existing structure; and (iii) each antenna and associated equipment shall be a color that
matches the existing structure. For purposes of this section, all types of antennas and dishes regardless
of their use shall be counted toward the limit of three arrays.
Because Verizon's facility will be the fourth antennae installation on the tower, a special use
permit is required. Verizon is also requesting that the Board of Supervisors allow a modification
of the flush -mounting requirements in order to allow the installation of a full sectored antenna
array. If allowed, the full array will enable Verizon to provide a level of quality service that is
consistent and competitive with that provided by other carriers on this site.
The proposed antennae configuration will consist of a full sectored array containing six (6) panel
antennas with the capability of expanding up to 12 (4 per sector) as the need for increased signal
capacity arises. The Anphenol Ante antennas are identified as model number BSA -185090/12 and have
a measurement of 70.9" x 3.9" x 2.0" (L x W x D), giving each antenna an area of approximately 276.5
square inches. Each sector of antennae will be installed using low -profile TTA stand-off arms with pipe -
mount brackets that will allow for required amount of electrical down -tilting while ensuring that the
spacing between the tower and antenna faces will be consistent with that of the existing arrays of other
carriers at the site. All antennae will be painted to match the color of the tower.
Subsection 5.1.40(c)(4): Prior to issuance of a building permit, the applicant shall submit a tree
conservation plan prepared by a certified arborist. The plan shall be submitted to the agent for review
and approval to assure that all applicable requirements have been satisfied. The plan shall specify tree
protection methods and procedures, and identify all existing trees to be removed on the parcel for the
installation, operation and maintenance of the facility. Except for the tree removal expressly authorized
by the agent, the applicant shall not remove existing trees within the lease area or within one hundred
(100) feet in all directions surrounding the lease area of any part of the facility. In addition, the agent
may identify additional trees or lands up to two hundred (200) feet from the lease area to be included in
the plan.
Neither site access nor installation of the facility will require the removal of any trees. All construction
will be kept completely within the fenced lease area.
Verizon is requesting that the Board of Supervisors allow a modification of the requirements for a
tree conservation plan, as no additional land disturbance is being proposed
Subsection 5.1.40(c) (5) The installation, operation and maintenance of the facility shall be conducted in
accordance with the tree conservation plan. Dead and dying trees identified by the arborist's report may
be removed if so noted on the tree conservation plan. If tree removal is later requested that was not
approved by the agent when the tree conservation plan was approved, the applicant shall submit an
amended plan. The agent may approve the amended plan if the proposed tree removal will not adversely
affect the visibility of the facility from any location off of the parcel. The agent may impose reasonable
conditions to assure that the purposes of this paragraph are achieved.
Neither site access nor installation of the facility will require the removal of any trees. All construction
will be kept completely within the fenced lease area.
Verizon is requesting that the Board of Supervisors allow a modification of the requirements for a
tree conservation plan, as no additional land disturbance is being proposed
Subsection 5.1.40(C)(6): The facility shall be disassembled and removed from the site within ninety (90)
days of the date its use for personal wireless service purposes is discontinued. If the agent determines at
any time that surety is required to guarantee that the facility will be removed as required, the agent may
require that the parcel owner or the owner of the facility submit a certified check, a bond with surety, or
a letter of credit, in an amount sufficient for, and conditioned upon, the removal of the facility. The type
and form of the surety guarantee shall be to the satisfaction of the agent and the county attorney. In
determining whether surety should be required, the agent shall consider the following: (i) the annual
report states that the tower or pole is no longer being used for personal wireless service facilities; (ii)
the annual report was not filed; (iii) there is a change in technology that makes it likely that tower or
pole will be unnecessary in the near future; (iv) the permittee fails to comply with applicable regulations
or conditions; (v) the permittee fails to timely remove another tower or pole within the county; and (vi)
whenever otherwise deemed necessary by the agent.
Should use of the antennae site in this location become discontinued at anytime in the future, Verizon
and/or its assignee(s) will be required to remove the facility within 90 days.
Subsection 5.1.40(c)(7): The owner of the facility shall submit a report to the agent by no earlier than
May or and no later than July I of each year. The report shall identify each user of the existing
structure, and include a drawing, photograph or other illustration identifying which equipment is owned
and/or operated by each personal wireless service provider. Multiple users on a single tower or other
mounting structure may submit a single report, provided that the report includes a statement signed by a
representative from each user acquiescing in the report.
After the proposed PWSF has been installed, Verizon will cooperate with the American Tower
Corporation to ensure that the required annual report accurately accounts for all equipment that Verizon
maintains at the site.
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Subsection 5.1.40(0)(8): No slopes associated with the installation of the facility and accessory uses
shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization
measures acceptable to the county engineer are employed.
The site is already graded and contains adequate area for Verizon's equipment installation.
Subsection 5.1.40(c)(9): Any equipment cabinet not located within an existing building shall be fenced
only with the approval of the agent upon finding that the fence: (i) would protect the facility from
trespass in areas of high volumes of vehicular or pedestrian traffic or, in the rural areas, to protect the
facility from livestock or wildlife; (ii) would not be detrimental to the character of the area; and (iii)
would not be detrimental to the public health, safety or general welfare.
The tower site is already enclosed within a chain link security fence and Verizon's equipment will be
fully contained within the fence.
Section 5.1.40(d)(2): The site shall provide adequate opportunities for screening and the facility shall be
sited to minimize its visibility from adjacent parcels and streets, regardless of their distance from the
facility. If the facility would be visible from a state scenic river or a national park or national forest,
regardless of whether the site is adjacent thereto, the facility also shall be sited to minimize its visibility
from such river, park or forest. If the facility would be located on lands subject to a conservation
easement or an open space easement, or adjacent to a conservation easement or open space easement,
the facility shall be sited so that it is not visible from any resources specifically identified for protection
in the deed of easement.
The site of this proposed facility is screened on its northern and western sides by a tree line that
surrounds the compound. The only open views of the compound are from the existing AM radio
broadcasting building to the east and the radio tower farm to the south and both of those features are also
surrounded by vegetation. No trees will be removed to install the facility. Therefore, the view of
Verizon's equipment shelter will be obscured from nearby public roads and adjacent residential
properties.
Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county's open
space plan.
The proposed co -location of Verizon's antennae and equipment should not impose any adverse impacts
upon open space resources.
Section 5.1.40(d)(6): The top of the monopole, measured in elevation above mean sea level, shall not
exceed the height approved by the commission. The approved height shall not be more than seven (7)
feet taller than the tallest tree within twenty-five (25) feet of the monopole, and shall include any base,
foundation or grading that raises the pole above the pre-existing natural ground elevation; provided
that the height approved by the commission may be up to ten (10) feet taller than the tallest tree if the
owner of the facility demonstrates to the satisfaction of the commission that there is not a material
difference in the visibility of the monopole at the proposed height, rather than at a height seven (7) feet
taller than the tallest tree; and there is not a material difference in adverse impacts to resources
identified in the county's open space plan caused by the monopole at the proposed height, rather than at
a height seven (7) feet taller than the tallest tree. The applicant may appeal the commissioner's denial of
a modification to the board of supervisors as provided in subsection 5.1.40(d)(12).
The proposed facility will utilize an existing structure for its antenna mount.
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Section 5.1.40(d)(7): Each wood monopole shall be a dark brown natural wood color; each metal or
concrete monopole shall be painted a brown wood color to blend into the surrounding trees. The
antennas, supporting brackets, and all other equipment attached to the monopole shall be a color that
closely matches that of the monopole. The ground equipment, the ground equipment cabinet, and the
concrete pad shall also be a color that closely matches that of the monopole, provided that the ground
equipment and the concrete pad need not be of such a color if they are enclosed within or behind an
approved structure, facade or fencing that: (i) is a color that closely matches that of the monopole; (ii)
is consistent with the character of the area; and (iii) makes the ground equipment and concrete pad
invisible at any time of year from any other parcel or a public or private street.
The antennae will be painted to match the color of the existing tower, which has a galvanized steel
finish. All of the ground equipment will be screened from adjacent properties and roadways by existing
vegetation.
Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use permit.
The facility complies with all conditions of approval of the special use permit (Section 32.2.4):
Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996:
This application is subject to the Telecommunications Act of 1996, which provides in part that the
regulation of the placement, construction, and modification of personal wireless service facilities by any
State or local government or instrumentality thereof (I) shall not unreasonably discriminate among
providers offunctionally equivalent services; (H) shall notprohibit or have the effect ofprohibiting the
provision of personal wireless services. 47 U.S. C.
In order to operate this facility, the applicant is required to comply with the FCC guidelines for radio
frequency emissions that are intended to protect the public health and safety. Neither the Comprehensive
Plan nor the Zoning Ordinance prohibits the provision of personal wireless services. However, both do
implement specific policies and regulations for the sighting and design of wireless facilities. In its
current state, the existing facilities and their mounting structure all offer adequate support for providing
personal wireless communication services. The applicant has not provided any additional information
regarding the availability, or absence of alternative sites that could serve the same areas that would be
covered with the proposed antenna additions at this site. Therefore, staff does not believe that the special
use permitting process nor the denial of this application would have the effect of prohibiting or
restricting the provision of personal wireless services.
SUMMARY OF STAFF REVIEW OF SP 07-038:
Factors favorable:
Staff has identified the following favorable factors:
1. The co -location of antennae and equipment subject to this special use permit would not restrict any of
the uses that are permitted by right or impose any additional impacts on adjacent properties, particularly
if the mounting of future antenna arrays is limited.
2. The new ground equipment cabinet will not be visible from areas outside of the facility.
3. No clearing or other disturbance is necessary for the placement of the antennas and equipment.
4. This proposal represents a co -location opportunity for antennae that are anticipated to have minimal
visual impact.
5. The proposed antennae would be located at a lower height than the other three existing arrays on the
tower.
Factors Unfavorable:
Staff has identified the following factors as unfavorable to this request:
1. The existing tower is visible from various roads and properties located near this property.
2. The proposed antennae will not be flush -mounted.
RECOMMENDED ACTION:
Staff recommends approval with the following conditions
1. All work shall be done in general accord with what is described in the applicant's request and site
construction plans, entitled "Carrsbrook American Tower Corporation Compound", with a final
zoning drawing submittal date of July 19, 2007.
2. The tower shall not be increased in height.
3. The additional array of panel antennas may be attached only as follows:
a. All equipment attached to the tower shall be painted to match the color of the tower. The
cables extending from the ground equipment may remain black.
b. The antennas shall not exceed seven (7) feet in height and two (2) feet in width.
c. The antennas shall be set at the minimum distance that is allowed by the mounting
equipment, and in no case shall any of the new antennas project from the structure to a
distance that is greater than that of the existing antennas.
d. The antennas and dishes attached to this tower may be replaced administratively,
provided that the sizing, mounting distances and heights of the replacement equipment
are in compliance with these conditions of approval and in accordance with all applicable
regulations set forth in Section 5.1.40 of the Zoning Ordinance.
4. With the exception of any safety lighting required by Federal Aviation Administration
regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of
the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded
as required by Section 4.17 of the Zoning Ordinance.
5. No existing trees within 200 feet of the facility shall be removed for the purpose of installing the
proposed antennae or any supporting ground equipment.
6. The current owner and any subsequent owners of the tower and its supporting facilities shall
submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each
personal wireless service provider that uses the facility, including a drawing indicating which
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equipment, on both the tower and the ground, are associated with each provider.
7. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
The tower shall be limited to a total of four (4) vertical arrays of panel antennas. No additional
relay, satellite or microwave dish antennas shall be permitted on the tower without an
amendment of this special use permit.
9. This special use permit must be amended to allow either of the three existing arrays of panel
antennas to be:
a. relocated on the structure;
b. modified to increase the number or size of panel antennas; or,
c. modified to increase the distance of the panel antennas from the structure.
ATTACHMENTS:
A. Site Plan
B. Arial Map
C. SP 97-13 BOS Action Letter
D. SP 03-26 BOS Action Letter
E. Photographs of Existing Tower
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