Board of Appeals Minutes November 13, 2008

Board of Appeals Minutes November 13, 2008 Page 1 of 2

LAYTONSVILLE BOARD OF APPEALS

MEETING MINUTES November 13,2008 - 7:00 p.m.

Roll Call;

A special meeting of the Laytonsville Board of Appeals was called to order by the Chair, Jake Cecere, at 7:00 p.m. Board Members Ruspi, Sladki, Stadler, and Alternate Member Richard Whittington were present. Board Member Hewitt sent a message that he would not be able to attend.

Attendance:

The meeting was attended by the following guests: Ms. S. Wenger, Mayor Oland, Mr. J. Pomeroy, Mr. C. Ryan, Mr. D. Hebard, and Mr. M. Richards (LVFD).

Hearing

All persons providing testimony were sworn in.

Chair Cecere opened the hearing for the Special Exception application (SE-3-08) submitted by the Laytonsville Volunteer Fire Department and Cricket Wireless for the property located at 21400 Laytonsville Road which requests the addition of three antennas on the existing tower and the placement of a 4 x 8' metal deck on lunar pads to hold a single equipment cabinet.

Charles Ryan, Law Offices, representing Cricket Communication explained the application to the Board and provided background information regarding Cricket Communication.

Chair Cecere asked if there were any questions from Board Members. Member Ruspi requested more information regarding the dimensions and height of the new antennas to be installed.

Member Stadler noted that although there was some type of screening already provided due to a fence, it would be beneficial to have more screening added; he also voiced concerns about amount of cables.

Chair Cecere asked for testimony from interested parties.

Josh Pomeroy (neighbor to LVFP): Voiced his concerns regarding the total power levels and requested an accurate inventory and operational status, operating power levels, and, documentation of human exposure compliance based on the FCC exposure limits.

Exhibits: 1 Application

2. Drawings, engineering plans

3. Justification Statement

4. Antenna cut sheet

5. Packet, including October 29 letter from Ryan FCC-OET Bulletin 65

6. Memo from Laytonsville Clerk set of emails between clerk and Mr. Pomeroy

7. Predicted coverage area by Cricket Communications.

8. Letter from Mr. J. Pomeroy

Board of Appeals Minutes of November 13, 2008 Page 2 of 2

Richard Whittington voiced his concerns regarding the height of the tower, and number of antennas.

A discussion between the Board Members and Messrs. Ryan and Richards ensued regarding the exact number of carriers which are currently using the pole.

Sheree Wenger (6715 Maple Knoll Drive): Last year Network Communications requested a Special Exception; where does that decision stand as of today.

Nadine Tarwater (21734 Mobley Farm Drive): If the special exception for Network Communications was approved but they did not take action, what would prevent them from returning and following up on their project?

Joseph Sladki - structural integrity needs to be noted.

Chair Cecere - Drawings show 4 carriers already have antennas on the pole. If Cricket Communication was allowed to use pole, this would be above the previously agreed number of carriers.

Crown Castle has contractual authority with the various carriers. A letter should be sent to Crown Castle to verify which antennas by which carriers are currently in use and which need to be removed. It was requested that through LVP or Mr. Hebard Cricket Communication obtain the necessary information so that the drawings attached to the application be updated to reflect the correct number of carriers and number of antennas in use.

Chair Cecere ask if Mr. Hebard would contact Crown in order to obtain necessary information. Mr. Hebard requested Mr. Pomeroy to send an email or letter to the Town Clerk stating the fact in order to forward the information to Crown.

There were no further testimonies presented.

Motion: to keep record open until December 22,2008, and for applicant Cricket to address issues of what equipment will remain/be removed on the pole. Chair Cecere requested that the record remain open due to the health and structural concerns raised during the hearing. The next meeting of the Board will take place on December 22, 2008 at 7:00 p.m.

Member Sladki seconded; motion passed unanimously.

Adjourn:

Hearing adjourned at 8:25.

Respectfully Submitted