The URL can be used to link to this page

Home My WebLink About15-04 CommentsSAUL EWING Attorneys at Law A Delaware LLP Via Facsimile (540) 665-6395 Mr. Mark Cheran Interim Zoning Administrator Frederick County Department of Planning and Development 107 North Kent Street 2 m Floor Winchester, VA 22601 AMY KATHLEEN CAVERO Phone: (410)332-8883 Fax: (410)332-8175 acavero@saul.com www.saul.com August 2, 2004 AUG 4 I RE: Conditional Use Permit Numbers 14-04 and 15-04 Cingular Wireless — Shenandoah University and John Marker Sites Dear Mark: This letter is a request to postpone the August 4, 2004 Planning Commission hearing and the August 25, 2004 Board of Supervisors hearing for Conditional Use Permit Number 14-04 and Conditional Use Permit Number 15-04. Both are proposed Cingular Wireless telecommunications facilities to be located in Frederick County, Virginia. I will advise you when Cingular wishes to proceed with its applications. Thank you for your assistance with this matter. Please do not hesitate to contact me if you have any questions. AKC:hev 100 South Charles Street • Baltimore, MD 21201-2773 ♦ Phone: (410) 332-8600 ♦ Fax: (410) 332-8862 BALTIMORE CHESTERBROOK HARRISBURG PHILADELPHIA PRINCETON WASHINGTON WILMINGTON 815250-1 8/2/04 SAUL EWING Attorneys at Law A Delaware LLP Mr. Mark Cheran Interim Zoning Administrator Frederick County Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 rCDWC V 2 2 ,04 fI I FREDERICK COUNTY PLANNING & DEVELOPMENT November 18, 2004 RE: Conditional Use Permit Number 15-04 Cingular Wireless — Opequon Dear Mark: KARL J. NELSON Phone: (410)332-8663 Fax: (410) 332-8184 keelson@saul.com www.saul.com I write to provide you with some further information about, and good news concerning, Cingular Wireless' proposed Opequon conditional use application. Originally, Cingular proposed to construct a 250' foot lattice tower at the Marker -Miller Orchard and Farm Market located at 3035 Cedar Creek Grade, near Opequon. This application was reviewed by staff, and was the subject of a staff report dated July 1, 2004. At the time of the initial application, the tower's 250' height required that it be a lattice - type structure. Moreover, the fact that the proposed tower would exceed 200' triggered the Federal Aviation Administration's lighting and marking requirements. Because Frederick County's applicable ordinance provisions discourage lattice structures, the staff expressed concern at the appropriateness of Cingular's proposal. In light of staff's comments, I asked Cingular's engineers to reevaluate the proposal and be somewhat less ambitious in the site's overall coverage goals. The intent of this reevaluation was to determine the lowest possible height at which the tower could be constructed and remain effective for Cingular's radio frequency engineering purposes. This reevaluation has produced some very good news. Cingular's engineers have determined that the structure height can be reduced from 250' to 120'. This is the lowest height that can be acceptable to Cingular. The height reduction has a number of immediate and apparent benefits. First and foremost, a monopole can be used as opposed to a lattice structure. This change reflects the County's preference for monopoles. Further, while we are awaiting confirmation from the FAA 100 South Charles Street • Baltimore, MD 21201-2773 ♦ Phone: (410) 332-8600 • Fax: (410) 332-8862 BALTIMORE CHESTERBROOK HARRISBURG PHILADELPHIA PRINCETON WASHINGTON WILMINGTON Mr. Mark Cheran November 18, 2004 Page 2 on this point, it would appear that the need for the structure to be lighted and marked may also will be eliminated. In addition to the monopole -related benefits, the structure's lower height will significantly reduce its visual impact on the surrounding area. This fact was found particularly compelling by Virginia's Historic Preservation Officer, who determined that the site will have no adverse effect on nearby historic properties. By this letter, Cingular seeks to formally amend its existing conditional use permit application to reflect the changes discussed above. Particularly Cingular hereby reduces the requested structure height from 250' to 120'. The proposod structure type is now a monopole. Cingular's request to vary the County's monopole preference is hereby withdrawn. As the relief contemplated by Cingular's amendments is actually less than that originally requested, I would hope that Cingular can modify its pending applications in this matter. If you require something additional (i.e. revised site plans,�etc.) please let me know. I look forward to your thoughts and comments. rr Very jrW yours, Karl J. Nelson KJN:hev cc: Tim Stakes Steve Hutcheson