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HomeMy WebLinkAbout01-09 Comments (2)HARRISON & JoxNSToN, PLS 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 May 14, 2009 Mr. Richard C. Shickle, Chairman Frederick County Board of Supervisors 292 Green Spring Road Winchester, VA 22603 Mr. Philip A. Lemieux Frederick County Board of Supervisors 106 Dell Court Winchester, VA 22602 Mr. Bill M. Ewing Frederick County Board of Supervisors PO Box 27 Stephens City, VA 22655 Mr. Gene E. Fisher Frederick County Board of Supervisors 246 Bush Drive Winchester, VA 22602 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettler O(harrison-johnston.com Mobile 540.664.5134 60N AV" F Mr. Gary W. Dove Frederick County Board of Supervisors 821 Apple Pie Ridge Road Winchester, VA 22603 Mr. Charles S. Dehaven, Jr. Frederick County Board of Supervisors 2075 Martinsburg Pike Winchester, VA 22603 Mr. Gary A Lofton Frederick County Board of Supervisors 711 Buffalo Marsh Road Middletown, VA 22645 In Re: AT&T Corporation; Microwave Data Transmission Mast, Conditional Use Permit Application #01-09 Dear Gentlemen: It is with great personal disappointment that I write this letter. On Wednesday, May 13, 2009 the Board of Supervisors of Frederick County took an improper vote with regard to the above -referenced Conditional Use Permit. The vote was improper due to a conflict of interest involving Charles S. Dehaven, Jr. that was not disclosed to the Board at the hearing, but was discussed with the County Attorney and the Director of the Planning Department prior to the hearing of this matter. On Wednesday, May 13, 2009, I approached Roderick B. Williams, Esquire and Eric Lawrence to advise them that my client objected to Mr. Dehaven's participation in the vote on the AT&T Conditional Use Permit. The basis for this objection is that Mr. Dehaven's parents' house is an Letter to Board of Supervisors Page 2 May 14, 2009 adjoining property to the property on which the communications tower is proposed to be located. This was disclosed in the application made by AT&T on page 2 of the application at paragraph 10 (the portion of the application requesting the identity of individual owners of property adjacent to both sides, rear and in front of (across the street) from the property subject to the application). I informed Mr. Williams and Mr. Lawrence that, as a courtesy to Mr. Dehaven, I did not want to make a statement on the record with regard to Mr. Dehaven's conflict if he was going to abstain from participation in the vote. Both Mr. Williams and Mr. Lawrence indicated that they were aware of this issue and they informed me they understood from Mr. Dehaven that he would not be participating in the vote. I reiterated to Mr. Williams and Mr. Lawrence that if Mr. Dehaven was going to participate, I was prepared to make a statement on the record with regard to Mr. Dehaven's conflict. In response they again confirmed that they understood Mr. Dehaven was not going to participate in the vote. As you are well aware, Mr. Dehaven not only participated in the vote, he made a lengthy statement against the proposal and made the motion to deny the application. This was improper and a conflict of interest. My client did not receive a fair hearing of its application on May 13, 2009. Because Mr. Dehaven spoke up and made the motion to deny the application, his statements necessarily influenced the decision making of the other members of the Board of Supervisors. It is an endemic part of the political process that the exchange of information at a public hearing influences the decisions of the members. This is particularly true in this instance where no member other than Mr. Dehaven spoke against the application. What concerns me even more is the fact that this application meets all the objective, legal criteria for the granting of a conditional use permit at this location. The only reason stated on the record as an objection to this application was Mr. Dehaven's personal preference to not have the pole located on the proposed property. As Mr. Dehaven said himself at the hearing, he did not object to the tower being located at the proposed location "at some time, just not now." I do not believe this is a legal justification for denying a conditional use permit under laws of the Commonwealth of Virginia and the Frederick County ordinances. It is also noteworthy that not one single property owner spoke against this application during two public hearings before the Planning Commission and the public hearing before you. Accordingly, I respectfully request that the Board either convene a special session or ensure that this matter is re -scheduled for a hearing within thirty (30) days in order to vacate the improper vote taken on May 13, 2009 and set a date for a new hearing of the matter. If this cannot be accomplished in thirty (30) days, my client will be forced to initiate a lawsuit to contest the improper proceeding and protect its interests. I hope you understand this will not be done as an adversarial gesture but as the only remedy available to my client given the improper circumstances surrounding the May 13, 2009 hearing. Letter to Board of Supervisors Page 3 May 14, 2009 Should you wish to discuss this matter in any regard, please do not hesitate to contact me. With kind regards, I am V truly your , Ste ` L. Pettl r, Jr. SLP mag Enclosure cc: Roderick B. Williams, Esquire / Eric Lawrence, Planning Director ✓ John O'Reilly, County Administrator AT&T Corporation 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 April 11, 2009 VIA EMAIL June Wilmot, Chairman Roger Thomas, Vice Chairman Members: Cordell Watt, Greg Unger, George Kriz, Charles Triplett, Rick Ours, Gregory Kerr, Christopher Mohn, Lawrence Ambrogi, H. Paige Mannuel, Gary Oates, Richard Ruckman, and Gary Lofton Frederick County Planning Commission 107 N. Kent Street Winchester, VA 22601 In Re: AT&T Corporation; Conditional Use Permit # 01-09 Dear Members of the Frederick County Planning Commission: Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettler@harrison-johnston.com Mobile 540.664.5134 As you know, the above referenced Conditional Use Application was tabled by motion of the Planning Commission when it was heard on March 18, 2009. The matter is scheduled to be taken up again at the Planning Commission hearing set for April 15, 2009. Upon review of the recording of the hearing and the minutes, I noted that many of you expressed support for the application as submitted with a lattice structure on the proposed site. Because the motion made by Mr. Oates was a motion to deny recommendation and was then followed by a motion to table, you did not have the opportunity to vote on a motion to recommend the application to the Board of Supervisors. My client and I hope this opportunity will occur at the hearing on April 15, 2009. From my review of the record of the March 18' hearing it appears that the primary unresolved issue this application presented to the Planning Commission was one of aesthetics. The comments of the commission members centered around a discussion of whether or not a monopole structure was more aesthetically appealing than the proposed lattice structure, particularly due to the proximity of the proposed location to the battlefields in the area. Hopefully, my client and I have impressed upon you the fact that the lattice structure provides the stability and support necessary to insure uninterrupted microwave transmissions for the FEMA operations in the most practical and cost effective manner. Not only is the structure more economical to AT&T (and, since the federal government is the end used, to us tax payers), it is also more economical for other potential users of the mast (such as county EMS or commercial co -locators) to install equipment on a lattice structure than on an enormous monopole structure. Letter to Members of the Frederick County Planning Commission April 11, 2009 Page 2 However, beside being the most practical solution to deliver the services required by FEMA, we believe the lattice tower is the more aesthetically appealing option. In order to illustrate this, my client commissioned more photographic illustrations ofthe lattice structure from various viewpoints. Attached with this letter are four (4) illustrations for your consideration in this regard. The first illustration shows an overview of the area with the location of the proposed mast and the locations of three (3) viewpoints from which illustrations were generated. The illustrations of the mast were created from data obtained by floating a balloon at the height of the tower and superimposing an appropriately scaled structure on a photograph taken from each viewpoint. The illustrations from the first two (2) viewpoints are what drivers will see driving north or south on Route 11. The third viewpoint, I believe, is the most illustrative. The third viewpoint illustrates what the proposed mast would look like from Milburn Road looking across the core battlefields area. It also depicts what Route 37 will look like in the future when it is constructed in the location depicted in the County's Comprehensive Plan. The illustration of Route 37 was created from the actual profiles of proposed Route 37 in the area depicted in the Comprehensive Plan as generated by VDOT. John Callow of Patton Harris Rust & Associates, P.C. supervised the creation of this illustration, and he will be in attendance at the hearing on April 15'' to answer any questions you may have about these illustrations. As you can see from the illustrations, it appears that the lattice structure will more readily blend in with the surrounding viewscape than a monolithic, smokestack -like monopole structure. Further, concerns about the mast denigrating the viewshed from the battlefields area fail to account for the future location of Route 37. Route 37 will create a stark separation between the battlefields and the mast. Route 37 will be the dominant feature in the viewshed looking west across the battlefields area, not the mast. As the County has planned to locate Route 37 as set forth in the Comprehensive Plan, we believe the location of the mast in the proposed location fits readily into the long term planning for the County in this area. The current residential uses along Route 11 to the north and south of the AT&T location are designated in the Comprehensive Plan for commercial uses in the future. Commercial users will require telecommunications facilities. It makes sense to locate such facilities in the areas where they will be used (this is the concept of the "links in the chain" discussion during the March 18' hearing). Placing the mast in the location proposed actually lessens its impact to the viewshed from the battlefields area in the long-term since Route 37 will create a "natural" barrier between the proposed location and the core battlefields area. We hope this information further serves to inform your decision to support AT&T's application for a lattice structure in the location proposed. We look forward to addressing any concerns you may have at the hearing on April 15`'', however, should you have any questions or comments before the hearing, please do not hesitate to contact me. Letter to Members of the Frederick County Planning Commission April 11, 2009 Page 3 As always, thank you for your time and courteous consideration of this matter. With best regards, Iam Very truly yours, //s// Stephen L. Pettler, Jr. Stephen L. Pettler, Jr. SLP/sp cc: AT&T Corporation (via email) Eric Lawrence, Director, Frederick County Planning (via email) Mark Cheran, Zoning Administrator, Frederick County (via email) w y .♦ A �►1 • •� °4 `4'• jive}nWER *; .4 . ♦ �• ♦ ~. ` ' , _ `•; fry ♦ \ a } �+ "*� \ • ' ' EX. ELEVATION = 660' o�D� �' _ • �^ ♦ ~ •� ` , PROPOSED ELEVATION = 603',�� ;� N` 10 + •�.. � it • \ Jt APA i,'q t 46 ^ ; • - +� 4,1 -1 Am Patton Harris Rust & Associates Englnenr♦. Surveyors Planners. Landscope Architects. .aTWinchesterSite 203232 Martinsburg Pike AT&T 120' lattice tower sight line exhibit � &y Street r � wm] nw , vA 22801 Winchester, VA i of4 5,0E.6P8M<aQ F F 540.8845 o493 .0485 April 10, 2009 Proposed 120' Lattice Tower Proposed S' Dish _ Proposed 10' Dish Future Route 37 Y ;•1 Aw^ All F. Patton Harris Rust 3 Associates View looking southwest along Martinsburg Pike Eoyn— sir. ws. Plen—S, Land -.P. Arcmt-t9 AT&T - Winchester Site _ 2032 MartinsburgPike I- VA Fir approximately 1125 away. VP -2 T 540"7, zzeoi Winchester, VA y 11,19 r1` ♦ F t40W'D49d Note: Orange 4'diameter weather balloon floated to a centerline height AGL o '. g .f 120April 10, 2009 HARRISON &JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 March 12, 2009 VIA EMAIL AND REGULAR MAIL Mr. H. Paige Mannuel 118 Armstrong Place Winchester, VA 22602 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettler@harrison-jolinston.com Mobile 540.664.5134 In Re: AT&T Corporation; Microwave Data Transmission Mast, Conditional Use Permit Application #01-09 Dear Mr. Mannuel: As you may know, I represent AT&T Corporation regarding the above referenced Conditional Use Permit Application scheduled for hearing before the Frederick County Planning Commission on March 18, 2009. Attached please find a letter to you from David Lopez, Acting Branch Chief, FEMA IT Operations relating to the application which FEMA has asked me to forward to you for your consideration. Beside forwarding you the letter from FEMA, I wanted to advise the members of the Planning Commission that we have asked Frederick County staff repeatedly over the last month, by email correspondence and telephone, to identify any adjacent historic sites to the applicant's location and we have not received a response. We asked for this as the staff report regarding this application indicates that a monopole type mast must be constructed on the property, but we find no mandate for this under the Frederick County ordinances unless the property is located adjacent to a historic site. Our review of the county maps does not indicate the property to be located adjacent to a historic site and AT&T's engineer for this application, Christy Lowery of Dewberry, even met with Frederick County staff to review maps with Ms. Perkins and was unable to identify any historic site adjacent to the property. In our opinion a monopole type structure is not required for this location. In addition, attached you will also find computer generated photo renditions of a monopole structure necessary to hold the microwave transmission dishes to compare with the lattice structure requested for use in the instant permit application. You will quickly note that the monopole structure must be immense in order to hold the dishes necessary to deliver the data service for FEMA. We do not believe the County intended that monopole structures of this size would be mandated anywhere in the county, and respectfully suggest that the lattice structure is the best structure for a data transmission mast of the type requested by AT&T. Mr. Mannuel Page 2 March 12, 2009 If you have any questions in any regard about his application before the hearing on March 18, 2009, please feel free to contact me. Otherwise we believe we have addressed all concerns raised in the staff report through this correspondence and past correspondence in this matter. We look forward to seeing you at the hearing on March 18`h. With kind regards, I am Very truly yours, L. Pettled, Jr. Attachments cc: AT&T Corporation Eric Lawrence, Director of Planning Very truly yours, Stephen L. Pettler, Jr. Attachments �-----PROPOSED 12W 1 dMCF, '1'OW1i is PROPOSED 8 ' DISH -FROPOSED 10'DISH j, ~ � J.✓� d, 1 YF e j ' MAT 11T s Lisa SUNS ' mr t r ' • Prepared by: B&E Associates, LLC 768 Charnwood Dr, Wyckoff, NJ 07481 AT&T - Winchester site View looking east-northeast across Martinsburg Pike Ph 201-790.3911 Fax 201-560.1580 e - maildekerl : (a�,tonitne.net 12/13/08 '-032 Martinsburg Pike Winchester, VA approximately 450' away. Vp I SIMULATION Note: 8'dish at 100 AGL & 10'dish at 89'A GL (centerline of dish). (120' Lattice Tower) March 11, 2009 The Honorable Charles E. Triplett Gainesboro Magisterial District 150 Lone Willow Lane Gore, Virginia 22637 Ref (A): Microwave Tower Dear Mr. Triplett: U.S. Department of Homeland Security Washington, DC 20472 In support of ref (A), I strongly encourage the Board to honor the request to erect a microwave transmission mast at 2032 Martinsburg Pike in Frederick County, Winchester, VA. This communications link is critically important to FEMA's operations in Frederick County. In order to support our mission critical activities, it is essential to have fail-safe communications capability, particularly when disasters occur. A microwave mast is an integral component of our operations in Frederick County. The mast can be utilized to provide communications capabilities necessary to fulfill our mission and responsibilities. While we do not endorse one service provider over another, we desire to move forward expeditiously to make microwave services available and encourage the Planning Commission and Board of Supervisors to look favorably on this request. Sincerely, 4vid Lopez, IAdtikg)Branch Chief FEMA IT Operations CC: Eric R. Lawrence, Director of Planning To: Eric Lawrence, AICP, Planning Director From: Bev Dellinger, Secretary III Re: Conditional Use Permit #01-09 of AT&T and Wesley Helsley Display Ad Postponement and Scheduling of CUP #01-09 A letter from Stephen Pettler, representative for AT&T, dated February 13, 2009 requesting Planning Commission postponement from February 18, 2009 until March 4, 2009 of CUP #01- 09 for AT&T and Wesley Helsley, was hand -delivered to the Planning Department between 2:30 and 3:00 pm (time approximate) on Friday, February 13, 2009. The display ad proof was faxed from The Winchester Star to the Planning Department for review at 2:59 pm on Friday, February 13, 2009. The display ad was reviewed and I stamped "Postponed" across CUP #01-09 and I noted on the ad to Susie Piccione at The Winchester Star that "CUP #01-09 for AT&T has been postponed". I then faxed the display ad proof back to The Winchester Star at 3:19 pm on Friday, February 13, 2009. Mark Cheran, Zoning Administrator, advised Stephen Pettler that CUP #01-09 would not be heard at the March 4, 2009 Planning Commission meeting because the legal ad for the March 4, 2009 meeting had to be emailed to The Winchester Star by noon on this day, Friday, February 13, 2009 in order to be placed in the paper for publication on Wednesday, February 18, 2009. The "window" for the ad to be legally advertised for two weeks prior to the hearing date of March 4, 2009 had passed. A letter dated February 13, 2009 from Stephen Petler requesting that CUP #01-09 not be removed from the February 18, 2009 Planning Commission agenda was hand delivered to the Planning Department at 4:57 pm on Friday, February 13, 2009. There was no way to change the display ad at this time. Frederick County government was closed on Monday, February 16, 2009 and I was not able to notify The Winchester Star on Monday, February 16, 2009 to change the display ad and remove "Postponed" from CUP #01-09. The display ad, showing "Postponed" across CUP #01-09, was advertised in Tuesday's The Winchester Star. HARRISON & JOxNS°rON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 February 13, 2009 HAND DELIVERED Mr. Mark Cheran Zoning Administrator, County of Frederick uepartiiizni of I lau iing and Deveiopinent 107 N. Kent Street Winchester, VA 22601 F F 9 11 2009 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettler@harrison-johnston.com Mobile 540.664.5134 In Re: Zoning Determination -Microwave Data Transmission Mast; Conditional Use Permit Application #01-09 Dear Mark: My client, AT&T Corporation, has reconsidered its request to table the above -referenced matter in light of your advising us that it could not be considered until March 18, 2009. Accordingly, please do not remove this item from the Agenda on February 18, 2009. Per our telephone conversation today, please provide me with the location of any "Historic Sites" the County believes to be adjacent to my client's proposed transmission mast location. Thank you for your courtesy and attention to this matter. Very truly yours, �t u- J Stephen L. Pettler, Jr. SLP/mag cc: AT&T Corporation ARRISON &JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667-1266 February 13, 2009 HAND DELIVERED Mr. Mark Cheran Zoning Administrator County of Frederick Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 FO 1 3 2000 Stephen L. Pettler, Jr. Facsimile 540.667.1312 pettler@harrison-joh nston.co m Mobile 540.664-5134 C'At In Re: Zoning Determination -Microwave Data Transmision Mast; Conditional Use Permit Application #01-09 Dear Mark: My client, AT&T Corporation, has asked me to request that the Planning Commission table the above -referenced application from consideration before the Planning Commission on February 18, 2009 and postpone consideration of the application until the next Planning Commission meeting on March 4, 2009. Please confirm that you have received this com.-miunication and that the matter will be tabled per our request. Very truly yours, r Stephen L. Pettler, Jr. SLP/mag cc: AT&T Corporation FEB -13-2009 14:59 From:THEWINCHESTERSTAR 5406670012 To:6656395 P.2/2 AE9=L 1w MR �� =+ FREDERICK( COUNTY PLANNING COMMISS10N The Bogard Room Frederick County Administration Building Winchester, Ylr91ni l February 183 2009 Adoption po CAU of Agend© "T�� December 17, 20013 and January 7, 2006 Minutes Committee Reports Citizen Comments p�.�iflc� Conditional Uss Permit ti01� fora a r120a^tooteeCommoley 9pt�oy+�{ tted by Dewberry, le located at 206 mmunicatio roperty Martinsburg PIKeME fIs fd®ntlfled with Property Identification Num130 end 43 A-132 In the Stonewall Magisterial District, 2006-2010 CaPltt;l improvement nt Planreque(CCPted by variousClip is County Itized Ilst of capital projects Departmente and Agencies. The Plan is created as an Informa- tlonal document to asels4 in thedevelopmenttufP onnentt of the CIpise ae annual budget. If edopted, the CIP Comprehensive Policy Plan. ni�C IIAEETINS� e Waiver Request of John Scully, IV, submltte� r �n of Land Surveyors, of the Code of e riAeta, Lend, ChaPtFir p I l to t telt' nium 1,' t N. dhern end of Ion, f t 01st, n •R t ., _.c tulles north of Qlendobbin Rowa 7_ Iru .he Stonewall Magisterial District, and Is Identi..ad by Property Identification Number 42-A-262, SSQMMhWIQb.JABf,U3W9ff ordinance Amendment — New Traditional Neighborhood Design (TND) District. Revisions to the Frederick County Zoning Ordinance to add a new zoning district. Clinics In the B1 Ordinance Amendment - Veterinary (Nelahborhood Business) District. Revisions to the Frederick County zoning Ordinance which would add Veterinary Clinics as a permitted use in the B1 Zoning District. Other Eric R. Lawrence, AICP, Planning Director V N E., LhAl- COP y sy roc l M• - AE9=L 1w MR �� =+ FREDERICK( COUNTY PLANNING COMMISS10N The Bogard Room Frederick County Administration Building Winchester, Ylr91ni l February 183 2009 Adoption po CAU of Agend© "T�� December 17, 20013 and January 7, 2006 Minutes Committee Reports Citizen Comments p�.�iflc� Conditional Uss Permit ti01� fora a r120a^tooteeCommoley 9pt�oy+�{ tted by Dewberry, le located at 206 mmunicatio roperty Martinsburg PIKeME fIs fd®ntlfled with Property Identification Num130 end 43 A-132 In the Stonewall Magisterial District, 2006-2010 CaPltt;l improvement nt Planreque(CCPted by variousClip is County Itized Ilst of capital projects Departmente and Agencies. The Plan is created as an Informa- tlonal document to asels4 in thedevelopmenttufP onnentt of the CIpise ae annual budget. If edopted, the CIP Comprehensive Policy Plan. ni�C IIAEETINS� e Waiver Request of John Scully, IV, submltte� r �n of Land Surveyors, of the Code of e riAeta, Lend, ChaPtFir p I l to t telt' nium 1,' t N. dhern end of Ion, f t 01st, n •R t ., _.c tulles north of Qlendobbin Rowa 7_ Iru .he Stonewall Magisterial District, and Is Identi..ad by Property Identification Number 42-A-262, SSQMMhWIQb.JABf,U3W9ff ordinance Amendment — New Traditional Neighborhood Design (TND) District. Revisions to the Frederick County Zoning Ordinance to add a new zoning district. Clinics In the B1 Ordinance Amendment - Veterinary (Nelahborhood Business) District. Revisions to the Frederick County zoning Ordinance which would add Veterinary Clinics as a permitted use in the B1 Zoning District. Other Eric R. Lawrence, AICP, Planning Director V N E., }&} Robert R. Ericksen; PE, CCIM T: 908 234-8819 ` One AT&T Way e-mail: rericksen@att.com Room 1A113A Bedminster, NJ 07921 February 12, 2009 Planning Commission County of Frederick Winchester, VA Re: 2042 Martinsburg Pike, Winchester, VA. Dear Members of the Frederick County Planning Commission: AT&T is requesting permission to construct a 120' free standing class 3 galvanized lattice transmission tower in support of a long-haul line -of -sight microwave radio communications route. AT&T is aware of the County's preference for monopole support structures instead of lattice support structures. While a monopole will adequately support a cellular antenna, Which covers a broad area, the twisting and swaying that a monopole experiences when the wind is blowing renders it unsuitable for a line of sight microwave transmission. The larger size of the microwave dishes, compared to cellular antennae, provide more surface area for the wind to push against and further contribute to the twisting of the monopole. A microwave transmission is narrowly focused at the receiving antenna which is miles away. Any significant movement of the transmitting antenna interrupts the signal being sent. The rigidity of a steel lattice structure provides a solid base that does not excessively sway or move in the wind, thus providing reliable communications. The required site for this transmission tower is adjacent to AT&T's existing communications building at 2032 Martinsburg Pike in Frederick County, VA. AT&T has chosen this location because it is an* AT&T access point, what we call a "Point -of - Presence" or "POP", connection to the long distance telecommunications network. Construction of this radio route will primarily serve our Federal government customer locations in Winchester and at Mt. Weather, VA, in support of mission -critical customer network applications. The lattice tower is being designed to support two microwave dish antennae. The inherent design of the tower however, allows use for other communications needs, such as supporting cellular and first responder (911) antennae. AT&T understands that is desirable to limit the number of transmission towers in an area, and, in the event the conditional use permit applied for is granted by Frederick County, AT&T will make this structure available for use by commercial users at normal market rental rates, and for County and Municipal emergency services, if needed, at no rental cost. AT&T had initially looked at installing the microwave dishes on top of the Cowperwood building (FEMA site) on the west side of Route 11. This would require installing a twenty foot tall microwave transmission tower on the roof, to support the microwave dishes. Negotiations were started with the landlord of the building; however it was found that placing the transmission tower upon the roof would require significant structural steel reinforcement for the roof structure. The landlord was unwilling to accept liability for the uma. P-1. Sp.n ,, cf the 11.5. piym;:tic team modifications to the roof, leaving AT&T with liability for the integrity of the roof on a building AT&T did not own. In addition, if the transmission tower was installed on the roof of the building, AT&T's federal customers will not allow the tower to be used for any other service, including service to any customers of AT&T other than AT&T's federal customers. As a result Frederick County would not benefit from 911 or general cellular use for its citizens and first responders. AT&T recently appeared before the Historic Resources Advisory Board (HRAB) to review the application for the lattice transmission tower. The HRAB prepared its comments regarding our application in a letter dated January 21, 2009, after our meeting with the HRAB on January 13, 2009, so we were not able to address the concerns stated in the letter at our meeting. We would like to take this opportunity to address the concerns expressed by the HRAB in their January 21st letter as we understand them. The HRAB suggests that AT&T did not make an "appropriate effort" to locate the transmission mast on the Cowperwood property. As discussed above, AT&T did in fact do this and found that placement of the tower on the building would not allow AT&T to use the tower for all of its business purposes, and would impose on AT&T unreasonable costs and liability regarding the structure of the roof. The HRAB suggests that the transmission tower could be located elsewhere on the Cowperwood property. Since the HRAB meeting, AT&T has reviewed the site plans for the Cowperwood property. Upon review of the existing site plan, there is no area on the property that has a 180 foot diameter circle clear of other uses that could accept a 90 foot tall tower. Due to these safety concerns, placing the tower on the ground on the Cowperwood property is not an option. The HRAB has recommended that, in the event the conditional use permit is approved and the tower were to be placed on the AT&T property, the existing dwelling at 2042 Martinsburg Pike be documented and a Virginia Department of Historic Resources (DHR) survey be completed for the building. In the event the conditional use permit applied for is granted by Frederick County, AT&T will agree to document the dwelling and participate in a DHR survey. AT&T has concerns about leaving the dwelling intact because it is within the fall zone of the data transmission tower. However, if the HRAB or some other group or agency desires to remove the building from the property in order to preserve it, in the event the conditional use permit applied for is granted by Frederick County, AT&T will release the building to such group or agency and cooperate in its removal and relocation. Sincerely, for AT&T Corp 3 r: b at&t December 30, 2008 County of Frederick Winchester, VA Robert R. Ericksen, PE, CCIM T: 908 234-8819 One AT&T Way e-mail: rencksen@att.com Room W 13A Bedminster, NJ 07921 Re: Statement of need for data transmission mast in Winchester, VA. Dear Officials of Frederick County: AT&T is requesting permission to construct a 120' free standing class 3 galvanized steel lattice tower in support a of a long haul line sight radio communications route. The tower design will support the radio route, plus have cellular and first responder capabilities. The required site for this communications tower is adjacent to AT&T's existing communications building at 2032 Martinsburg Pike, Winchester, VA. AT&T has chosen this location because of the existence of a network access point (POP). Construction of this route will primarily serve our federal customers location at Mt. Weather, VA in support of mission critical customer network applications. AT&T contracted with Comsearch to survey existing structures within a one mile radius of our required access point and evaluate the ability of these structures to support 6 foot diameter and 5 foot diameter microwave dishes. This survey report is included with our application package. None of the existing structures can support these dishes at the required height. Due to the size and weight of the microwave dish antennas, a lattice tower is deemed the best means of support at this tower height. Monopole tower requirements would be of unusually large diameter (6'±) and would be a stronger impact visually than lattice. The applicant requests consideration of this factor, in the request to locate the tower on their site AT&T intends to continuously use the facility and tower. AT&T shall be responsible for removal within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. if the tower is not removed within the ninety -day period, the County will remove the facility and a lien may be placed to recover expenses. Sincerely, AT&T Corp By. � "`., Name: Robert R. Ericksen r., 0a � © � -•ems �. 11 F'- - .1 - -47 Par 4L� S� Year Civil War Battl As 1 1862 First Winchester 2 F' K 1862 Lrst ernstown 3 1863 Stephensons Depot 4 1863 Second Winchester i V ®� �► In r FI ii=/ 1 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek j '� B at` e f 1 8 1864 Third Winchester c lus 9 1864 Second Kernstown And Sites (Fortifications) // / y . � ate s 10 parkins Mill Battery ! -' /'p- 11 2864 Winter Line j (As Defined by the NPS 12 Cairiesbrooke Redoubt > f Shenandoah Valley 13 Hillandale Works ` Civil War Sites Study) 14 19th Corps Entrenchments / 15 Star Fort ` _ 16 Fort Collier } r .. WIn Y' 17 Zig-Zag Trenches LhCS r // f } r`� �% i A L-1 Civil War Sites O c- Civil War Battlefields �: // / y s 1 h } r .. WIn LhCS r // f O c- �: 12 -i-] 13 10 r 7, 0 0.5 1 2 3 4 5 6 CoGy Frederick County Comprehensive Plan Map 4�eK Frederick County Dept of Planning & Development 'Z 107 N Kent St, Winchester, Virginia 22601 w � WWW. CO FREDERICK_ VA OS 540-665-5651 August 22, 2007 Histo The Plan describes strategies to achieve the goals including: o Providing information, assistance, and incentives to landowners Preparing resource management plans for specific sites o Recommendations concerning local planning decisions Establishment of an "umbrella battlefield organization" to carry out actions described Local government avcistance and state and federal involvement Establishing a primacy interpretative center ® A coordinated sign system for tour routes Conducting special events for public awareness Contact and coordination with various interested individuals and groups In addition to the key sites at Cedar Creek, Kernstown, Third Winchester/Opequon, and Old Town Winchester, a number of other sites are included in the strategies including.- 0 ncluding: • Star Fort and other forts a Stephenson Depot ® National and Stonewall Cemeteries Bowers Hill 9 Ruthersford Farm o Berryville Canyon Sheridan's Hospital ® 1864 Winter Line The Plan contains a Battlefield Action Plan that describes the specific actions that will need to be undertaken to achieve the goals of the plan. Frederick County 2-13 2007 Comprehensive Plan