Board of Appeals
Monday, November 7 2011
TIME: 7:00 p.m.
LOCATION: at the Taycheedah Town Hall
TOWN of TAYCHEEDAH
FOND DU LAC COUNTY, WISCONSIN
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town of Taycheedah Board of Appeals will conduct a public hearing on Monday, November 7th, 2011, at 7:00 p.m., at the Taycheedah Town Hall for the purpose of considering a request submitted by US Cellular for a Conditional Use Permit to construct and operate a 199-foot self-supporting wireless communication tower.
The tower site is proposed to be erected on the Connie Julka property located near the intersection of Silica Road and Konen Road.
A quorum of the Town Board may be in attendance.
All affected and interested parties are encouraged to attend.
Dated the 21st day of October, 2011.
Brenda A. Schneider
Secretary, Board of Appeals
The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Monday, November 7th, 2011, at 7:00 p.m., at the Taycheedah Town Hall for the purpose of considering the Conditional Use Permit application submitted by US Cellular, to construct and operate a wireless communications tower. Members present were Chairman Gale Burg, John Buechel, Tom Friess and Jason Meyer. The hearing was voice-recorded and Secretary Brenda Schneider took notes.
The Chairman called the public hearing to order at 7:00 p.m. The Secretary read aloud the public notice.
Connie Julka was sworn in. Her testimony and responses to Board of Appeals members' questions were as follows:
• US Cellular contacted her regarding constructing a cell tower.
• The location she supports was pasture land up until 12 years ago. The soil is unsuitable for cropping. Sixty years ago, Joe's parents removed gravel from that hill.
• She asked the Board to support the project.
James Weinmann, Wireless Planning, LLC, was sworn in. His testimony and responses to Board of Appeals members' questions were as follows:
• He apologized for not having all the engineering data that may be requested.
• US Cellular proposes a self-supporting 195 foot monopole (excluding a 4 foot lightning rod); which will be surrounded by a 6 foot high fence.
• The land is zoned Exclusive Ag.
• The monopole is designed to hold US Cellular and four other parties.
• The site meets all required setbacks from navigable waterways.
• The plans meet all State requirements.
• The structure will meet the demands of 80 mph straight-line winds.
• A lease agreement is in place with Connie Julka.
o Industry standard is a 25-30 year lease.
o The leased area is 100 feet x 100 feet.
• The Existing-EC Pilot Signal Strength map was dispersed. The map shows the signal strength of the Pipe, Fond du Lac and Hwy 23/ CTH G towers. The Malone area is clearly in an area of poor phone coverage. (Exhibit 1)
• High speed data transfer requires a much stronger signal.
• The criteria used when looking for a site:
o Increased elevation,
o Close to roadways, and
o Not directly across the street from a home or obstruction of someone's view.
• The Julka site meets their coverage objective and criteria. The site could be adjusted approximately 1/4 of mile in any direction.
• The engineering study concluded that an area east of Malone would be optimal. However, the engineer advised a distance of at least 3/4 of a mile to the west due to the wind turbines.
• US Cellular has a repeater site located at the Agri-Land Coop.
• The Mengel Hill Road tower is too far west to meet their objective. That tower is currently hosting four carriers.
• He did not have with him an engineering analysis of co-location possibilities.
• They have no other tenants at this time. Marketing is typically done after approval.
• Internet use and high speed data transfer have increased the need for more towers.
• US Cellular will work in conjunction with other similar carriers using the same frequency to avoid interference with other services.
November 7th, 2011 Board of Appeals 2.
Conditional Use Permit
Dan Schneider was sworn in. His testimony and responses to Board of Appeals members' questions were as follows:
• He owns land to the north of the proposed site. He intend to build a new home on this land.
• He read aloud a personal letter to the Board of Appeals. (Exhibit 2)
• The proposed tower would be 900 feet directly south of his proposed house location.
• He is concerned about radio frequency waves and the potential impact.
Barb Nickel, daughter of Alphonse and Ella Mae Schneider, was sworn in. Her testimony and responses to Board of Appeals members' questions were as follows:
• They are not necessarily opposed to the proposed tower; but they are concerned.
• Additional carriers increase their anxiety.
Dan Schneider and Barb Nickel were allowed to ask Mr. Weinmann questions about the proposal. His responses were as follows:
• Mr. Weinmann commended Mr. Schneider for his well thought letter and stated he was impressed with his objective research.
• The antenna signal is propagated in a pie shape that then projects to 360°.
• Schneider calculated the tower location to be 842 feet from his property line and the antenna height to be 40 feet higher than his proposed building site. Schneider is concerned about cell tissue warming. Mr. Weinmann explained that tissue warming comes from the signal at the phone not from the tower. Cellphones emit non-ionizing radiation; which is not to the dangerous levels of cell mutation. Studies have concluded that there is no health risk due to cellphone use.
• Multiple tenants on a tower will emit multiple frequencies that will subject a person to lower levels of frequency than what you would get from the cellphone. A baby monitor emits stronger waves than a cell tower.
• US Cellular's selected site location would not have been impacted if the Schneider home were built at this time. Mr. Weinmann indicated the site location is regulated by the Town through zoning and that each situation is different. Mrs. Julka objected to US Cellular's initial requested location due to the impact to Dan and his parents. Mrs. Julka earmarked the location.
• Mr. Weinmann noted that he is not aware of past problems with TV or radio reception. If there are any frequency interference issues; they are easy to identify and are correctible.
• Leased carriers will be limited to wireless services, such as cellphone providers, government and schools. They all use much lower frequencies. US Cellular will not consider high frequency services due to possible health risks.
• The Town's ordinance would prohibit an increase in height without written notice to the neighboring landowners.
• Any further shift to the west will reduce signal strength.
• An application was submitted to the Federal Aviation Administration. The Nett airstrip adjacent to CTH WH and Fond du Lac County were given notice. The tower was approved with no requirement to be lit.
• Ground lighting must be down-shielded. Typically there is a security light above the door.
• Connie Julka stated that she did not want to select a site that would be objectionable to the neighbors. The selected site is somewhat secluded behind the barn. The site was also selected based upon the least impact for future property sales.
• The Existing-EC Pilot Signal Strength Map was shown and explained to Schneider and Nickel.
• Future applicants must demonstrate the inability to meet their service area need by co-locating on an existing tower before another tower could be approved in the nearby area.
• US Cellular will be required to maintain a financial surety bond with the Town for as long as the tower exists. The bond will be used for removal in the event the tower is ever abandoned, etc.
November 7th, 2011 Board of Appeals 3.
Conditional Use Permit
• Foundation specifications will not be determined until after geo-tech soil borings have been completed and the core samples analyzed.
• They plan to build in 2012.
Motion by Tom Friess to approve the Conditional Use Permit, as requested by US Cellular, issuance contingent upon receipt of the co-location analysis and the following conditions:
• The Conditional Use Permit will have a term of 10 years.
• Mr. Weinmann requested the term of the CUP follow the term of the lease. Town of Taycheedah Zoning Code establishes the term of CUPs to be no longer than 10 years.
• The project must comply with all building codes and safety codes of the Town of Taycheedah and the Electronics Industries Association.
• The project must comply with all State and Federal Requirements.
• US Cellular shall allow co-locating of antennas.
• The tower design will be of monopole design.
• Lighting shall follow FAA standards.
• No advertising signs may be placed at the site.
• The tower shall be enclosed in fencing of a height at least 6 feet.
• The tower may not exceed 199 feet; including the lightning rod(s).
• US Cellular must submit a $25,000 bond to be held for tower removal.
• The Town shall be named as an additional insured on the comprehensive liability insurance policy.
The motion was seconded by John Buechel.
Roll call vote:
Jason Meyer yes
John Buechel yes
Tom Friess yes
Gale Burg yes Motion carried (4-0).
Motion by John Buechel, second by Tom Friess, to adjourn the public hearing adjourned at 8:42 p.m. Motion carried (4-0).
Brenda A. Schneider
Board of Appeals Secretary
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