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Planning Commission Minutes DRAFT September 23, 2004 Page 9 Jim Abraham reviewed the location of the Waschura property indicating he would not be effected. He addressed the letters against the proposal (Orton, Siegal, Hirsh, Strom, Tombs, Waschura) who, he felt, had unfounded complaints. Letters of support were from Ed Radlo, Dr. Smithwick, among others. He addressed a few of the issues mentioned. Mr. Jones was concerned with the power grid stating that his equipment does not use very much power. There is no intention of lighting the tower and there will be no commercial use of the tower. He noted that if it became necessary to put obstruction lights on the tower he would agree to reduce the height of the tower below what is required as a condition of approval. Mr. Yu has lived above him for 15 years. He referred to a number of things on that property which have had a negative impact on his property (created fill and putting an addition on his house without a permit). In the spirit of cooperation and compromise he would be willing to agree to keep the maximum height below 63 feet from sunrise to sunset, and bringing the height down one tier. He further discussed radiation concerns which he felt was not an issue. Mr. Yu voiced concern regarding radiation exposure which was addressed by Mr. Abraham (FCC requirements). An unidentified speaker asked if the EPA and the environmental impact studies require a new kind on installation and where is the threshold. The City Attorney stated that they would have to identify that and report back to the Commission as they do not have the standards. Commissioner Kerns suggested moving the location of the antenna down to the lower flat area which would also make the installation easier and lower the antenna height by approximately 10 feet. Mr. Abraham did not feel this was acceptable and the lower location would still impact his neighbor Mr. Yu. Mr. Abraham accepted the suggestion to move the antenna to the lower area, with the eliminates of the antenna not encroaching into the setbacks, if it is a condition of approval. However, he stated that there has never been a requirement that the elements of an antenna could not overhang a setback line. If this is the case, he would have to move the antenna to the lower site, closer to the house. Mr. Yu felt there should have been a better representation of the tower height. Mr. Abraham stated that the pole that was put up was in the exact measurement location of the antenna and tower in the fully retracted position. Commissioner Kerns, for clarification, noted that Mr. Abraham agreed to a 63 foot height between sunrise and sunset asking if that was the top of the mast or the top of the antenna. Mr. Abraham stated the height would be at the top of the mast (the highest point). CLOSED PUBLIC HEARING Commissioner Collins had viewed the Abraham and Yu property sites. She felt Jim had incredible generosity to the Town and they all appreciated this. However, it does not have a barring on this case. As far as PBR-1, she was not familiar with it and perhaps it needs to be reviewed further. She noted the significant view impact to Mr. Yu even when the tower was retracted. She felt the tower would be very unfortunate to the neighbors. There are many down