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HomeMy WebLinkAbout13-03 Shared Towers-White Tail Ln Commercial Tele Facilities - Gainesboro - Backfile (2)Date; NOTF.q File opened Reference Manual updated/number assigned - 0 D-base updated One location map requested from Mapping Dept, Four sets of labels requested from Data Processing ),A •/S . o 3 File given to Renee' to update Application Action Summary CLOSE OUT FILE; �/_ao Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated • %A•0� File given to Renee' for final update to Application Action Summary J29c__ UACaro1\Common\Tracking sheets\CUP.TRK Revised 12/19/02 Received From ACCOUNT AMT PAID BALANCE Data CASH CHECK By� 'EY ORDER P 003592' .2bollars $ __ _----- __ _r 0000, -44 / 400000 OF 00000 .'000P / 1'000-� \ \ , Z(A - C0777=10N TOWER LOCATION FOR �3dm GREENWAY ENGINEERING ' oJ (D CDn' WHITE TAIL LANE �� Z' o ti o x > b O a N 151 Founded in r97r Winchester, Windy Hill Lane Virginia 22602 O `'' C" m a o UNMANNED COMMUNICATION FACILITY r w OD ; Engineers Telephone Surveyors FAX 540-662-4185 540-722-9528 J 0 GAINESBORO FREDERICK DISTRICTc COUNTY, VIRGINIA �� v� Ra COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 12, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: CUP #13-03 for Shared Towers/White Tail Lane Tower Property Identification Number 19-A-27 Dear Evan: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on February 11, 2004. The Conditional Use Permit #13-03 for a 195-foot-high lattice -type telecommunications facility, was approved with the following conditions: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless service providers. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. If you have any questions regarding this action or the site plan approval process, please feel free to call this office. Sincerely, Mark R. Cheran Planner I MRC/bad cc: -Winchester-Frederick County Conservation Club, Inc., 22603 --Gary W. Dove, Gainesboro District Supervisor Xommissioner of Revenue ,,Jane Anderson, Real Estate 1118 Martinsburg Pike, Winchester, VA ,,-George J. Kriz andS,harles E. Triplett, Gainesboro Planning Commissioners 107 North Kent Street • Winchester, Virginia 22601-5000 cK Co CONDITIONAL USE PERMIT #13-03 SHARED TOWERSIWHITE TAIL LANE TOWER Staff Report for the Planning Commission Meeting ® Prepared: January 29, 2004 „RGIN/ 173E Staff Contact: Mark Cheran, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/21/04 Recommended Approval Board of Supervisors: 02/11/04 Pending LOCATION: This property is located on White Tail Lane off of North Frederick Pike (Route 522). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19-A-27 PROPERTY ZONING & PRESENT' USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Land Use: Residential and Agricultural PROPOSED USE: 195-foot tall lattice -type telecommunications facility. Planning and Zoning: This application is a request to revise a condition previously placed on Conditional Use Permit # 16-02. The condition stated that: "5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid." CUP # 13-03 January 29, 2004 Page 2 Conditional Use Permit #16-02 was approved by the Board of Supervisors on January 23, 2002. Therefore, Condition #5 requires that the tower be erected by January 22, 2004. The applicant does. not believe that the tower will be erected by the anniversary date of the CUP approval, and has requested that this condition be revised to allow for an additional 12 months. Background In late 2001, the applicant ("Shared Towers, Inc.") submitted four (4) Conditional Use Permit applications for telecommunication towers to be constructed along the Route 522 North corridor. Shortly after Shared Towers, Inc. submitted the CUP applications, another applicant (SBA Properties/Triton PCS) submitted three (3) CUP requests for competing sites along the corridor. Both applicants provided documentation illustrating that the existing telecommunication network along the Route 522 North corridor was inadequate, and that additional towers were warranted. The Board of Supervisors ultimately granted the CUP tower requests to Shared Towers, Inc. following extensive discussions with both Shared Towers, Inc. and SBA Properties/Triton PCS. A condition was placed on the approved Shared Towers, Inc. requests stating that the towers were to be constructed within a 12-month period. It was believed that if the tower was not constructed, this condition would enable the County to reevaluate the applicant's proposal, as well as the applications submitted by SBA Properties/Triton.PCS. At the request of SBA Properties/Triton PCS, Board action on their three (3) Conditional Use Permit applications had been deferred. These three applications were withdrawn by the applicant on October 29, 2002. Site Plan One condition placed on the approved Conditional Use Permit (CUP #16-02) was that a site plan be submitted and approved by the County. This site plan illustrates the tower's location on the property, setbacks, screening, and access. The site plan associated with CUP #16-02 for the White Tail Lane Tower was approved on May 14, 2002. Approval of the site plan enabled the construction of a 195-foot lattice telecommunications tower. STAFF CONCLUSIONS FOR THE 01-21-04 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Should the Planning Commission choose to recommend approval of this application, essentially granting the applicant an extension of 12 months to construct the tower, the following conditions of approval would be appropriate: CUP # 13-03 January 29, 2004 Page 3 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. PLANNING COMMISSION SUMMARY & ACTION FOR 01/21/04 MEETING: The applicant's representative stated that this is the fourth tower in a series of four proposed by Shared Towers, Inc. through a series of conditional use permits targeted for the Rt. 522 corridor, between Winchester and West Virginia. He provided the following information: the first tower, Hunting Ridge Tower, has been completed; the second tower, the Cross Junction Tower, is currently under construction with a completion date of late January or early February, 2004; the third tower, the Reynolds Store Tower, has been issued a building permit; and the fourth tower, the White Tail Lane Tower, has received an approved site plan; however, Shentel has not yet made a commitment for this tower, nor has a building permit been applied for. The applicant's representative said there was not a specific target date for construction and the applicant wants to be assured of users before making an investment; he added that everything remains the same, they are merely seeking additional time to construct. There were no public comments. The Commission had no outstanding issues and believed the time extension was appropriate with the conditions recommended by the staff. The Planning Commission unanimously recommended approval with the following conditions: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. The tower shall be available for co -locating personal wireless services providers. 0 . • CUP # 13-03 January 29, 2004 Page 4 A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, then the conditional use permit will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. (Please note: Commissioner Rosenberry was absent from the meeting.) ( f\� ti 19 3 9 19 A 49 S WINCHESTER- --f- F DERICKCOUN CHEN U 0 19 19 3 i �Mn, n1l, ml OCHENOU 4 9 3 19 A 27 ANE - \ -� =1 19 3 1 CHILDS i lit yx /'M 4r 19 A 51, 19 A 26 EATON MCDONALD I A 7/-- WINC ES ,f/��, -�CUP # 13 - 03 FREDERICK COUNTY Shared Towers Tower 19 A 52E Whitetail Ln Location W FREDERICK COUNTY PIN: INCHESTER- fl /? 4TY 19 - A 27 29 A 378- WINCHESTER- --�FJREDERICK COUNTY 19 A 27A NAIL f� 9 A RHODE /�� �` 0 200 Feet I/ �i Jo . °� {' j� *'}` /, � F ��.•� :,= r *7' � -gyp A +' �_ .. _ tY'• - 4 +„dam ! _ � ,� r`dr�-,. t' ytl r _ „t. i.�•i .6; a+`'�sf fir` '. j F K s y F /14"c'.3 �'f!'� -":' s �: -�K ""*•ice �•� ° `t�,,.,v� J`� v<j% ell ? ^ a r �'- «J6f5. j [ yn �. •yy ,�` '� } fir# f. 3•� ` J`�'L[7 - �- . �.Ji .iJam_ +... � - J i•' - - ° ,r 4 ; 0 BOARD OF SUPERVISORS PUBLIC HEARING ACTION (date) APPROVAL Signed DENIAL Date County Adm. Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREIDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ❑ owner X other) NAME: Greenway Engineering ADDRESS: 151 Windy Hill Lane Winchester, VA 22602 TELEPHONE 540-662-4185 2. Please list all owners, occupants, or parties in interest of the property: Winchester -Frederick County Conservation Club, Inc. 3. The property is located at: (please give exact directions and include the route number of our road or street) White Tail Lane off of North Frederick Pike 4. The property has a road frontage of 1300.4 feet and a depth of 3750 feet and consists of 138.19 acres. (Please be exact) The property is owned by Winchester -Frederick County Conservation Club, Inc. as evidenced by deed from Betty S. Lockwood (previous owner) recorded as instrument Number 020011507, as recorded in the records of the clerk of the Circuit Court, County of Frederick. i 0 • 6. 14-Digit Property Identification No. 19-A-27 Magisterial District Gainesboro Current Zoning RA 7. Adjoining Property: USE North Agriculture, Single Family RA East Agriculture RA South Agriculture RA West Agriculture RA ZONING 8. The type of use proposed is (consult with the Planning Dept. before completing) Unmanned Commercial telecommunications facilities 9. It is proposed that the following buildings will be constructed: 195' tall lattice tower structure inside a 100' x 100' leased area for ground equipment/shelters to be placed on concrete pads. All equipment and lattice will be secured by a fence. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in from of (across the street) the property where the requested use will be conducted. (Continue on next page if necessary.) These people will be notified by mail of this application: NAME Kenneth Allen Childs,Jr ADDRESS 32668 Mount Weather PROPERTY ID# 19-3-1 Rd Bluemont, VA 20135 NAME Samuel F. Shane ADDRESS 100 Sunset Drive PROPERTY ID# 19-3-2 Winchester, VA 22602 NAME Mary Claire McDonald ADDRESS 8005 Greeley Blvd. PROPERTY ID# 19-A-26 Springfield, VA 22152 NAME David & Tina Marie ADDRESS 1029 Allen Drive PROPERTY ID# Mohn Winchester, VA 22601 19-3-4 NAME Shelby J. Gochenour ADDRESS 6917 Haycock Road PROPERTY ID# 19-3-6 8 Falls Church, VA 22043 NAME' Weldon H. Smuth & ADDRESS 197 Moose Road PROPERTY ID# Tracy Rosenberger Berryville, VA 22611 19-3-9 0 0 NAME Winchester -Frederick PROPERTY ID# County Conservation Club 19-A-49, 50, 52E NAME Elwood W. Eaton PROPERTY ID# 19-A-51 NAME Kenneth & Nelda PROPERTY ID# Gentr 19-A-37 NAME Nancy Rhodes PROPERTY ID# 19-A-24 NAME Kim & Jacoueline Nail PROPERTY ID# 19-A-27A ADDRESS 1118 Martinsburg Pike Winchester, VA 22603 ADDRESS 4736 N. Frederick Pike Winchester, VA 22603 ADDRESS 2007 Collinsville Road Cross Junction, VA 22625 ADDRESS 252 White Tail Lane Winchester, VA 22603 ADDRESS 307 White Tail Lane Winchester, VA 22603 0 • it. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. E • 12. Additional comments, if any: If (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Appli1�t Signature of Owner G, Owner's Mailing Address 1118 Martinsburg Pike Winchester, Virginia 22603 Owner's Telephone No. 540-888-7913, 540-667-3082 (Dave Fahnestock) USE CODE: P.rNE :i'AL DATE: OEC 1 2 2003 • _.,.. _. ,yr�aiENT Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Kamal Doshi, president Shared Towers, Inc. (Phone) 703-893-1571 (Address) 6501 Sandy Knoll Court, McLean, VA 22101 the Contract Eels e J my=r(xXof all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by ( Please see attached Agreement) Instrument No. 020011507 on Page , and is described as Parcel: 27 Lot: A Block: Section: 19 Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone)540-662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property; including: ❑ Rezoning (Including proffers) IN -Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this2/�',A day of mac. , 200 Signature(s) Stale of Virginia, City ' ounl of Frederick I, Donna L. Meliso , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2qg"day of l 02( e, 003 . 06_r� oC . J My Commission Expires: February 24 , 2004 Notary. Public I was commissioned a Notary as Donna L. Stephens GREENWAY ENGINEERING %47 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: White Tail Lane Telecommunications Tower— Revised CUP File No.: 3295 Date: December 29, 2003 To: FC Planning From: Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Copied: Remarks: I"; Urgent r For Your Review r,, As You Requested r Please Comment Message: Hi Mark, I spoke with Eric Lawrence this afternoon regarding the reluctance of the Winchester -Frederick County Conservation Club, Inc. to execute the Special Limited Power of Attorney agreement for this project. Eric suggested that we provide a copy of the lease agreement and he would have Larry Ambrogi review it to determine if the County can accept this knowing that the Winchester - Frederick Conservation Club, Inc., has signed the CUP Application. Please find attached a copy of the Lease Agreement addendum between the Winchester -Frederick County Conservation Club, Inc. and Shared Towers, Inc., as well as the original Special Limited Power of Attorney agreement that has been signed by Kamal Doshi authorizing Greenway Engineering to represent the revised CUP application. Please note the language that is highlighted on page 2 of the Lease Agreement and the signature of the owner on page 4. Please also note that I have placed a telephone call to Mr. Fahnestock to apprise him of the situation. Thank you for your continued assistance with this matter! Please advise me of any additional information you need and I will get it to you ASAP. Evan Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com f �n tl Founded in 1971 GREENWAY 151 Windy Hill Lane Winchester, Virginia 22602 December 12, 2003 Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 Attn: Mark Cheran, Planner RE: White Tail Lane Telecommunication Tower — Revised Conditional Use Permit (CUP) Dear Mark: Thank you once again for meeting with me to determine the applicable agencies that would be required to comment on the referenced project. As you know, the County required agency comments from the Virginia Department of Transportation, Building Inspections, Public Works, the Fire Marshal and the Winchester Regional Airport during the original CUP application process. I have contacted each agency with the exception of the Winchester Regional Airport, as Mrs. Manuel has been unavailable due to a long- term illness. The following list provides for the agencies and contact representatives that confirmed that their original comments were sufficient for the revised CUP application, as it is their understanding that there are no proposed revisions to the CUP application or the approved site plan for the White Tail Lane telecommunication tower site: Virginia Department of Transportation David Heironimus . (540) 535-1818 Frederick County Building Inspection John Trenary (540) 665-5650 Frederick County Fire Marshal Tim Welsh (540) 665-6350 Frederick County Public Works Joe Wilder (540) 665-5643 I hope this information is of assistance. I will provide a separate letter confirming Mrs. Manuel's position on behalf of the Winchester Regional Airport once she has returned to her duties. Please contact me if you have any questions regarding the information in this letter. Sincerely, Evan Wyatt, AICP. Greenway Engineering Cc: Identified Agencies Kamal Doshi, Shared Towers Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #3295/EAW www.greenwayeng.com GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: White Tail Lane Telecommunication Tower — Revised CUP File No.: 3295 Date: December 12, 2003 To: FC Planning From: Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Copied: Remarks: r Urgent f For Your Review r As You Requested r Please Comment Message: Hi Mark, Please find attached the following information for the submittal of the White Tail Lane Telecommunication Tower — Revised CUP application: • CUP Application signed by owner and applicant R • Review Fee p�� 2CC3 • 11 x 17 site exhibit • Copy of approved site plan Please let me know if you need any additional information for the January 7, 2004 Planning Commission meeting and we will get it to you ASAP! Thank you, Evan Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com E. EUGENE GUNTER AREA CODE 540 TELEPHONE: 667-4243 FACSIMILE: 667-4281 LAW OFFICE E. EUGENE GUNTER THE KENT BUILDING 16 SOUTH KENT STREET POST OFFICE BOX 1750 •' WINCHESTER, VIRGINIA 22604-8250 . r� November 5 2002 r Kamal C. Doshi, President SHARED TOWERS, INC. C/O Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: SHARED TOWERS, INC. V. WINCHESTER-FREDERICK COUNTY CONSERVATION CLUB, INC. OUR FILE NO.6177-M Dear Mr. Doshi: Pursuant to the various communications between this Law Office and Douglas J. Sanderson, Esquire, and your Facsimile transmission of this afternoon, I provide herewith, in care of Greenway Engineering, the following: 1. an original copy of the Addendum To Site Lease Agreement By And Between Betty S. Lockwood and Shared Towers, Inc., which has already been executed by David A. Fahnestock, President, Winchester -Frederick County Conservation Club, Inc., so that you may execute it on behalf of Shared Towers, Inc., acknowledge.your signature before a Notary Public, and have such copy returned to this Law Office; and 2. the original copy of your company's Application for Conditional Use Permit, which has been duly executed by Mr. Fahnestock on behalf of the current owner, together with a photostatic copy thereof. Thanking you for your cooperation in this regard, I remain Very truly yours, Wm. Douglas Taylo Law Clerk Encl: (3) cc: Douglas J. Sanderson, Esquire David A. Fahnestock, President George W. Quarles, Treasurer 0 . • WDT 5177-M 11/02/02 TM 19-A-27 NO Consider E. EUGENE GUNTER ATTORNEY AT LAW THE KENT BUHZING if TH KENT ST. .ESTER, VA. 22601 ADDENDUM TO SITE LEASE AGREEMENT BY AND BETWEEN BETTY S. LOCKWOOD AND SHARED TOWERS, INC. THIS ADDENDUM TO SITE LEASE AGREEMENT is made this 2" d day of November, 2002, by and between WINC'HES_TERnEREDE-RICK COUNTY C-O-NSERV-AA-TIO-N CL-U-B,__INLC., a Virginia Corporation, and SHARED_TOWERS, MC,., also a Virginia Corporation. WHEREAS, Betty S. Lockwood, the previous owner of that certain tract or parcel of real estate located in Gainesboro District, Frederick County, Virginia, containing 138.1944 acres, more or less, and identified as Tax Map Reference 19-A-27, entered into a certain Site Lease Agreement with Shared Towers, Inc., which agreement is dated November 13, 2001, as documented by that certain Memorandum of Site Lease Agreement, which was recorded in the Office of the Clerk of the Frederick County Circuit Court on February 14, 2002, as Instillment No. 020002530; WHEREAS, the said Betty S. Lockwood, by Deed dated the 10th day of July, 2002, which Deed was recorded in the aforesaid Clerk's Office on the 11 th day of July, 2002, as Instrument No. 020011507, conveyed the aforesaid tract or parcel of real estate to Winchester -Frederick County Conservation Club, Inc.; Page 1 of 5 EUGENE GUNTER ATTORNEY AT LAW ME KENT MWING If 7H KENT sr. N .ESTER, vA. 22601 WHEREAS, certain disagreements have developed between the parties hereto with respect to the terms and conditions of such Site Lease Agreement, which disagreement is disruptive to the process of gaining approval for a Conditional Use Permit from Frederick County, Virginia, which is necessary in order for Shared Towers, Inc., to proceed with its intended construction of an Unmanned Commercial Telecommunications Facility and Tower on the aforesaid tract or parcel of real estate; WHEREAS, in the spirit of compromise, the parties hereto have settled their disagreement with respect to the terms and conditions of the aforesaid Site Lease Agreement and, in furtherance of such agreement, have detenriined to memorialize it by way of this Addendum to such Agreement. NOW THEREFORE WITNESSETH: In and for the consideration of the mutual covenants and agreements set forth herein and the sum of Ten Dollars ($10.00) cash in hand paid, the sufficiency of which is hereby acknowledged by the parties hereto, WINCHESTER-FREDERICK COUNTY CONSERVATION CLUB, INC., and SHARED TOWERS, INC., hereby covenant and agree that the aforesaid Site Lease Agreement shall be and hereby is AMENDED AND MODIFIED as follows: 1. That.Owner's duty of cooperation pursuant to Section 6 of the Site Lease Agreement does and shall continue to include the duty, promptly following requests by Lessee, to cooperate in the Lessee's procurement, maintenance and, as applicable, extensions of conditional use permits and other licenses and permits that Owner may be required or requested by applicable governmental or quasi - governmental authorities to request or approve. 2. Paragraph 3 of the aforesaid Site Lease Agreement hereby is replaced in its Page 2 of 5 0 EUGENE GUNTER ATTORNEY AT LAW ME KENT BUIIDING If TN KENT ST. .ESTER, VA. 22601 entirety with the following: " Provided that Owner shall have cooperated in executing and delivering to Lessee's engineers or other designated agent an executed Application for Conditional Use Permit for construction of the Facility (hereinafter, the "2002 Application"), then, beginning with the first day of the month following the second annual anniversary of the date upon which the applicable authorities of Frederick County, Virginia, shall have approved the 2002 Application, OR beginning with the first day of the calender quarter next occurring after the date upon which construction of the Facility is completed, WHICHEVER EVENT FIRST OCCURS, rent will be paid quarterly by Lessee to Owner, on the first day of each calender quarter, at the rate of $1,000.00, U.S. currency, per quarter, partial months to be prorated. The rent shall be $1,250.00, U.S. currency, per quartet- if there are more than one user of the Site. Furthermore, it is expressly agreed and understood by and between Owner and Lessee that should Lessee, for any reason other than pursuant to the terms of a subsequent written Addendum to the aforesaid Site Lease Agreement, fail to deliver the prescribed rent to Owner, then such Site Lease Agreement and all Addendums thereto shall automatically and without any notice from either party to the other shall terminate and be of no other force nor effect, and Lessee shall have no liability to Owner for any rent. In the event of such termination as aforesaid, Lessee shall, within Ten (10) days of the date thereof, cause to be recorded in the Office of the Clerk of the Frederick County Circuit Court, at Lessee's sole expense, a MEMORANDUM OF RELEASE AND TERMINATION AS TO SITE LEASE AGREEMENT." All terms and conditions of the above -mentioned Site Lease Agreement that are not expressly modified by the terms of this Addendum hereby are ratified and reconfirmed. This Addendum applies to and binds the heirs, successors, executors, administrators and assigns of the parties hereto; it is governed by the laws of the Commonwealth of Virginia; it (and the aforesaid Site Lease Agreement, as amended and modified hereby) constitutes the entire agreement between the parties and supersedes all prior agreements; any further amendment to said Agreement and/or this Addendum Page 3 of 5 thereto must be executed by and on behalf of both parties; and that execution hereof by Facsimile Transmission shall be equally effective to an original signature. WITNESS THE FOLLOWING SIGNATURES AND SEALS: "OWNER" Winchester -Frederick County Conservation Club, Inc By DAVID A. FAHNESTOCK Its President 1118 Martinsburg Pike Winchester, Virginia 22603 STATE OF VIRGINIA CITY OF WINCHESTER, to wit: "LESSEE" Shared Towers, Inc. KAMAL C. DOSHI Its President 6501 Sandy Knoll Ct. McLean, Virginia 22201 The foregoing Addendum to Site Lease Agreement was acknowledged before me in my said jurisdiction by DAVID A. FAHNESTOCK, President of Winchester - Frederick County Conservation Club, Inc., a Virginia corporation, (Owner) on behalf of said corporation, this ..__ day of November, 2002. My commission expires: (Affix Notarial Seal) E. EUGENE GUNTER ATTORNEY AT LAW THE KENT BUILDING It TH KENT ST. LESTER, VA. 22601 Page 4 of 5 NOTARY PUBLIC STATE_ F. VIRGINIA CITY/ OLJNTY;OF .Fi,i�, CA e v tc k_, to wit: The foregoing Addendum to Site Lease Agreement was acknowledged before me in my said jurisdiction by KAMAL C. DOSHI, President of Shared Towers, Inc., a Virginia corporation, (Lessee) on behalf of said corporation, this.. _ �_+�� ... day of November, 2002. My commission expires: (Affix Notarial Seal) EUGENE GUNTER' ATTORNEY AT LAW THE KENT BUILDING V `CH KENT ST. LESTER,VA. 22601 Page 5 of 5 NOTARY UBLI . 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 14, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #12-03 FOR SHARED TOWERS, INC./REYNOLDS STORE TOWER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 28, 2004, at 7:15 p.m. in the Board Room ofthe Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #12-03 of Shared Towers, Inc./Reynolds Store Tower, presented by Greenway Engineering, for a 195-foot-high lattice -type telecommunications facility. This property is located at 8840 North Frederick Pike and is identified with Property Identification Number 1.1-A-39 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely; r Mark R. Cheran Planner I MRC/bad 107 North Kent Street o Winchester, Virginia 22601-5000 COUNTY of FREDERICK �/��-- c HfiSTU.S. POSTAGE # Department of Planning & Developme 107 North Kent Street Ea �+,n ( J�,�r'1!'04 0 0.3 7 . Winchester, Virginia 22601 SENUEA yPjj��:�j� f �" \ V k H METER 7Ois[i I .t Z 07 - A- - 10- BALLENTINE, ROBERT A SR & GIVENS, JEWELL A 4386 MONTGOMERY RD ELLICOTT CITY, MD 21043-6513 L J __:�;..__�:=.�:ti;.�i:�.%��...._._ ?tti!Ittl!It'•.i:tilt::!:!I1!I!itlit!t.tli:i:Ittiit!!lst=.i!ltl. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 14, 2004 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #12-03 FOR SHARED TOWERS, INC./REYNOLDS STORE TOWER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 28, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #12-03 of Shared Towers, Inc./Reynolds Store Tower, presented by Greenway Engineering, for a 195-foot-high lattice -type telecommunications facility. This property is located at 8840 North Frederick Pike and is identified with Property Identification Number 11-A-39 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located, at 107 North Kent Street in Winchester, Virginia. Sincerely, Mark R. Cheran Planner I MRC/bad 107 North Dent Street o Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 REASiil4lrr`CL7�C r i!»claimed Vn S-ic" S*r* P4 No Such 'J nn. _ _ 00 ,et •-rna+- .r :!is enveioue 12 - A- - 1- T T ` BALLANTINE, ROBERT A SR 9910 OLD COURT RD m a) 0 N O O a o/1�kr— HFST\ � F,p .iAN 14'04 V A. US. POSTAGE r w H METER 70V'1f1'7 0 ik COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 28, 2004 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #13-03 FOR SHARED TOWERS, INC./WHITE TAIL LANE TOWER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 11, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #13-03 of Shared Towers, Inc./White Tail Lane Tower, presented by Greenway Engineering, for a 195-foot-high lattice -type telecommunications facility. This property is located on White Tail Lane off of North Frederick Pike (Route 522N) and is identified with Property Identification Number 19-A-27 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, OTar kR. ran Planner I MRC/bad 107 North Kent Street - Winchester, Virginia 22601-5000 This is to erti y that the attached correspondence was mailed to the following on J , ©W from the Department of Planning and Development, Frederick Coudy, Vi ginia: - - 19 -3- - 1- WINCHESTER-FREDERICK COUNTY CHILDS, KENNITH ALLEN JR CONSERVATION CLUB INC. 32668 MOUNT WEATHER RD 1118 MARTINSBURG PIKE BLUEMONT, VA 20135.2049 WlMr.HESTER. VA. 22603.5424 _ __ 19 -A- . 51- 19 -3- . 2- EATON, ELWOOD W. SHANE, SAMUEL F 4736 N FREDERICK PIKE WINCHESTER, VA 22603.2826 100 SUNSET OR 19 - A- . 37- WINCHESTER, VA 22602.6741 GENTRY, KENNETH W & NELDA J 19 - A- - 26. MCDONALD, MARY CLAIRE ET ALS 2007 COLLINSVILLE RD 39221 WOODWARD AVE #315 CROSS JUNCTION, VA 22625-2110 BLOOMFIELD HILLS, MICHIGAN 48304 19 - A. - 24. 19 .3- • 4. RHODES, NANCY V & ETALS MOHN, DAVID KENNETH & TINA MARIE 252 WHITETAIL LN WINCHESTER, VA 22603.2253 1029 ALLEN OR WINCHESTER, VA 22601.5831 19 - A• - 27-A 19 .3. - 6- 9' NAIL, KIM A & JACQUELINE H GOCHENOUR, SHELBY J 307 WHITETAIL LN 6917 HAYCOCK RD WINCHESTER, VA 22603.2251 FALLS CHURCH, VA 22043.2305 19 -3- - 9- SMITH, WELDON H & TRACY ROSENBERGER i 197 MOOSE RD BERRYVILLE, VA 22611.3236 Mark R. Cheran, Planner I --- Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County V'Aaforesaid, do ereby certify that Nok R. Cheran, Planner I for the D75- artm nt f Planning and Development, whose name is signed to the foregoing, dated / 00 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this c� My commission expires on Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 A PPZ_ Zell / � E COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 7, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #13-03 FOR SHARED TOWERS, INCJWHITE TAIL LANE TOWER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 21, 2004, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #13-03 of Shared Towers, Inc./White Tail Lane Tower, presented by Greenway Engineering, for a 195-foot-high lattice -type telecommunications facility. This property is located on White Tail Lane off of North Frederick Pike (Route 522N) and is identified with Property Identification Number 19-A-27 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Mark R. Cheran Planner I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 0 40 This is to certify that the attached correspondence was mailed to the following on / -7 pc/ from the Department of Planning and Development, Frederick Cnnnty_ it inia. -- -- �� 19 -3- 1- CHILDS, KENNETH ALLEN JR 32668 MOUNT WEATHER RD BLUEMONT, VA 20135.2049 19 -3- - 2. SHANE, SAMUEL F 100 SUNSET DR WINCHESTER, VA 22602.6741 19-A--26. MCDONALD, MARY CLAIRE ET ALS 39221 WOODWARD AVE #315 BLOOMFIELD HILLS, MICHIGAN 48304 19 -3- - 4- MOHN, DAVID KENNETH & TINA MARIE 1029 ALLEN DR WINCHESTER, VA 19-3.-6.' GOCHENOUR, SHELBY J 6917 HAYCOCK RD FALLS CHURCH, VA 19 -3- - 9- SMITH, WELDON H & TRACY ROSENBERGER , 197 MOOSE RD BERRYVILLE, VA 22601-5831 22043.2305 22611.3236 STATE OF VIRGINIA COUNTY OF FREDERICK 19 - A. - 49- 0 (allu WINCHESTER-FREDERICK COUNTY CONSERVATION CLUB INC. 1118 MARTINSBURG PIKE WINCHESTER,VA. 22603.5424 19- A- - 51- EATON, ELWOOD W. 4736 N FREDERICK PIKE WINCHESTER, VA 22603.2826 19 - A- - 37- GENTRY, KENNETH W & NELDA J 2007 COLLINSVILLE RD CROSS JUNCTION, VA 22625.2110 19 - A- - 24- RHODES, NANCY V & ETALS 252 WHITETAIL LN WINCHESTER, VA 22603.2253 19 - A- - 27-A NAIL, KIM A & JACOUELINE H 307 WHITETAIL LN WINCHESTER, VA 22603.2251 ark R. Cheran, Planner I Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, d ereby certify tl& Mark R. Cheran, Planner I for the e artment of Planning and Development, whose name is signed to the foregoing, dated / 7 U , has personally appeared before me and acknowledged N:L in my State and County aforesaid. Given under my hand this - day of d �v . My commission expires on it , ail III L