Board of Adjustment - Regular Meeting
The Board of Adjustment approved a special use permit for Alpha Towers to construct a 199-foot telecommunications tower at 4813 Hiltop Needmore Road. The decision followed a presentation from the applicant and public comments, with the Board finding the proposal met all required conditions and would not endanger public safety or substantially harm property values.
About this meeting
- Government Body
- Board of Adjustment
- Meeting Type
- Board Of Adjustment
- Location
- Fuquay-Varina, NC
- Meeting Date
- August 10, 2026
Transcript
240 sections
At this point, I would like to declare the meeting of the Adjustment Committee of the 20th of August 2026 in the city of Poliverino officially open.
We have the legal number.
If everyone could stand up for the oath to the flag. I swear allegiance to the flag of the United States of America and the Republic that it represents. A nation under God. Indivisible. with freedom and justice for all. Protocollo della riunione. Le udienze quasi giudiziarie sono il momento in cui i richiedenti presentano la giustificazione per permessi d'uso speciale o richieste di deroga e in cui il pubblico può testimoniare a favore o contro tali giustificazioni. The almost judicial hearings differ from the legislative ones, as the testimony of the witnesses is limited to experts or parties in the case. No general public comments are admitted in favor or against the request as a protocol. Every case presented tonight before the Committee will become the City's property. Anyone who wishes to turn to the Committee this evening will have to sign the record of the public hearing, compile a module of oath on the podium and will be held to give oath or statement before the Vice-Chancellor. At this moment I would like to ask all those who wish to testify during the public hearing of this evening to move forward to be sworn by the Vice-Chancellor. Those who will release a sworn testimony this evening have compiled and signed the oath module. Are you the vice chancellor? At this point I will ask the chancellor to make us swear.
Raise your right hand and repeat after me. I solemnly swear to tell the whole truth.
I solemnly swear to tell the whole truth.
And nothing more than the truth. May God help me. May God help me. For the tests presented before.
For the tests presented before.
to the Adjustment Committee of the city of Fuguverina, North Carolina.
The first item on the agenda is the approval of the verbal of the meeting of the Adjustment Committee of July 13, 2026. The purpose of this item on the agenda is to consider the approval of the verbal of the meeting of the Adjustment Committee of July 13, 2026.
Tutti hanno avuto modo di esaminare il verbale. Qualcuno modifiche o correzioni da apportare al verbale?
Nessuna modifica.
Ho una mozione per approvare il verbale del 13 luglio del 2026, così come presentato.
Mozione per approvare il verbale. Prigione del 3. Secondo.
Tutti i favorevoli alzino la mano destra e dicano sì. Chi è contrario alzi la mano destra e dica no. La mozione approva.
This is the part of the public hearing related to a point sent back from the previous meeting. Point 3A is the petition for the special use permit. Petition for special use permit.
4813 Hiltop Needmore Road, Alpha Towers, Prop. 3, LLC.
The number PIN is 06785.
BOASUP 2026.
Further information will be provided by the staff. The purpose of this point at the order of the day is to examine the special use permit BOASUP 2026.05 at 4.13 of Hilltop Nismo Road by the applicant Alpha Towers Procto 3 LLEC. The property is located at 4,813 Hilltop-Nidmore Road on 17-48-48 Acre, within the municipal limits. The main use of the property is an existing place of worship. The applicant asks for a special use permit to establish an independent telecommunications tower on the back of the property. LDO 9.254 of the Order of Territorial and Citizenship Development requires a special use permit for the use of telecommunication structures and services in the RA zoning district. The property in question is located in the residential and agricultural zoning district. The property in question is surrounded by lots located in the residential and agricultural zoning district. The applicant requires a special use permit to establish an independent telecommunication tower, as requested by the LDO. The site plan shows the general conformity to the citizens standards. Although a special use permit was required to manage a place of worship in a residential zoning district, the current use of the property as a church was established before the property was incorporated into the city's most recent expansion in 2019, so permits were not requested to continue the existing use. The applicant has been informed that the honour of the evidence and the evidence at the time of the presentation of such a question are the responsibility of the applicant. Such evidence and documents presented must prove that the conclusions of the request have been satisfied. Before the meeting of the Adjustment Council of July 13, 2026, the legal advisor of the applicant requested that the examination of the request be postponed to the meeting of the Council of August to obtain additional documentation supporting the request. The Adjustment Council unanimously approved the request to reschedule the public hearing at this point at the meeting of this evening.
I am available if you have any questions.
The Council has questions for the staff at this time.
Do we have any precedents at the moment for this type of specific request?
We have already authorized other communication towers in the past.
Residential zoning. No, no. Variante. Sono una chiesa.
No, quindi questa chiesa era operativa prima, perciò abbiamo fatto un'espansione dell'ETJ nel 2019, di cui questa proprietà faceva parte. So there was a pre-existing church before it became part of the extraterritorial jurisdiction. So with this it was already a pre-existing use. So it would actually be a special use permit, not a derogation, to be a place of worship in a residential area. So it was pre-existing.
The public hearing was left open during the meeting of July 13, 2026, because at this point it was postponed to tonight's meeting on request of the applicant. So at this moment I ask the applicant or the representative of the applicant to move forward and make his own presentation. When you move on, please declare your name, your profession and your address for the Council, please.
Thank you very much. My name is Tom Johnson. I am a lawyer at the William Smullen Studio at 301 Faithful Street, Suite 1700, Raleigh. I would like to proceed first of all to read the question and the conclusions that we have prepared in the question and then I will proceed from there for any other evidence or question you may have. And of course, as was well expressed by the President, this is obviously a special use permit and we must demonstrate with substantial, material evidence and evidence that we meet the requirements for the special use permit. Now, last time we needed more time to make sure we had all the documentation ready. These are the results. These are the conclusions that you as a Council must formulate, which is our question. The first conclusion is that the proposed use will not materially endanger the health and public safety if located where proposed and developed according to the plan presented. The proposed telecommunications structure will not materially endanger the health and public safety if located and developed in accordance with the plan of the site presented and the requirements of citizens and state. The request concerns a monopole telecommunications structure of 195 feet with a four-foot umbrella for a total height of 199 feet on the 8 of 17 by 48 acres located at 498.13. UA Arena, North Carolina. The structure will include a concrete complex in a 60 x 60 foot fence for a total of about 3,600 square feet. Associated land equipment, a 20-foot wide dirt access road that has actually been changed into an asphalt access road for a total of about 12,120 square feet. Utility services and related improvements of the site. Public utility services are limited to electric cables and optical fiber. This site does not use other services. The structure will not be managed and is not intended for the human room. After the construction, the site will be visited only periodically for maintenance and routine inspections. The use will not generate customer traffic, daily movements of employees or regular public access. The area will be secured by an accessible metal network reception through a double gate.
12 feet wide. The proposed access road will allow entry for construction, maintenance, service providers and helpers.
The tower and the relevant improvements will be designed and built in accordance with the requirements of structural, electrical, safety, FCC, FEA and municipal buildings. No water or waste disposal are required. Therefore, the proposed use will not put public safety at risk. Second point, the proposed use meets all the conditions and specific requirements. PAM has mentioned it in the opening statement, but I confirm that the proposed use meets the requirements for the special use permit prior to the final examination and approval of the site plan, the building permits and other permits. The property is classified as agricultural residential area and the community development plan requires the approval of the special use permit. The proposed use is therefore in the review phase through the specific special use permit process. The site plan identifies the property, the zoning, the position of the tower, the layout of the area, the access, the service service and the profile of the tower.
The floors show a 190-foot monopoly.
with a four-foot umbrella for a total height of 199 feet with antennas at about 190 feet when the vectors are placed on the tower and you know that 190 feet refer to the central line of their antennas that extend for five feet up and down and so they identify where to position the supports based on the central line at 190 The structure will include an area of 60 by 60 feet, equal to about 3,600 square feet, and a wide access road of 20 feet. The structure will be built in accordance with the codes and requirements of the applicable permit, including those of electric buildings, anti-fire stabilization, FCC, The final conformity to the detailed urban plan, to the landscape, to the areas of respect, to the access to rainwater and the requirements of the services will be confirmed through a subsequent municipal administrative revision. In this case, we are in a forest area, so the existing vegetation is used as a respect area. We have adapted the plan in order to maintain the area of disturbance below half-acro.
I just wanted to inform you about this aspect.
The proposed use will not substantially damage the value of the adjacent properties or the use represents a public need. The proposed use will not substantially damage the value of the adjacent properties. The structure will occupy a limited portion of a larger property of 17.8 acres which currently includes a church, parking lots, an access road and surrounding green areas. The complex for proposed telecommunications is limited to an area located in Ghiaia of 60 by 60 feet for a total of about 3,600 square feet and will be accessible through a 20-foot roadway for a total of about 12,120 square feet. The system will be self-sufficient, will not generate customer traffic, will not require regular deliveries and will not create noise, odors, lighting, hours of activity or daily operations typical of more intense commercial uses.
and the tower must not be illuminated.
We have presented the FA documentation with the authorization request.
We have also presented a study of impact of an authorized case by Carolina del Norte, present in the acts, which affirms that, based on its analysis, this tower, so placed, would decide, would substantially reduce the value of the properties. I also support that this becomes a public necessity, since the wireless network has become an essential infrastructure today. The proposed structure also supports an important need for public communication, improving the capacity of the wireless service, reliability and functionality of emergency communication in the surrounding area.
Any visual impact of the monopoly will be reduced as much as possible by the chosen position in the property, by the existing vegetation, by the screen protection provided where necessary and by the reduction of the structure. The complex will be protected and maintained and no perimeter lighting is expected. Given the limited operational characteristics, the safety of the site, the minimum traffic generated and the benefits for public communications, the proposed use will not substantially damage the value of the property.
I would like to mention that the ordinance requires space for emergency communications on the tower at market rates.
This tower will have such capacity in accordance with the ordinance. Ritenendo che la posizione e il carattere dell'uso proposto, se sviluppato secondo il piano presentato, saranno in armonia con l'area in cui si troverà e, in generale, conformità con il piano di sviluppo della città di Pueverina e le sue ordinanze. So che la domanda mi ha sempre... ...proprio menzionato qui riguardo al fatto che si trova in un distretto RA. Poiché l'ordinanza consente una torre come permesso di uso speciale nel distretto RA, si presume che sia in armonia con l'area... This is due to the state jurisdiction, because it is allowed as a use in that district and, as is evident from this conclusion here, this is the development plan of the city of Fueverina and its ordinances. This ordinance that allows it as a special use in that district makes it consistent, but also lightens what we will have in our question, that is, the position and character of the proposed use will be in harmony with the area and in general conformity.
with the development plan and city ordinances, if developed according to the site plan.
The property is an agricultural residential area and is designated as a single-family neighborhood in the planning materials for the use of the city's soil. The proposed structure is an infrastructure use with low activity located on a large lot that contains an existing institutional use. The complex of the tower and the public access road occupy a limited portion of the lot and do not introduce a commercial operation with personnel, activities, details and public access. The proposed telecommunications structure is elaborated through the special use permit procedure identified by the city staff for the use in the RA district and the structure has been designed as a non-presidial monopole telecommunications site of 195 feet with a four-foot paraphernalia with a total height of 195 feet and a complex of 60 to 50 feet. No need for limited access, no water supply requests, no commercial signage, no lighting.
Existing vegetation, areas of respect, landscapes and requests will be addressed through the project.
As planned, the proposed use will provide the necessary communication infrastructures, reducing at least the impact on traffic and lighting. the noise and disturbance of the site and is therefore compatible with the circumstances if developed in accordance with the plan of the site presented and the requirements of the applicant citizens.
You have descriptions of the contributing factors that are included as part of your process that I will examine now.
I could shorten a little just because it's a lot, but I could, you know, refer to what I did above, which I think addresses the issue adequately.
First of all, the traffic, i.e. the access points to the property and the proposed structure, the safety and comfort for the motor and bicycle movement, pedestrian and public safety.
Essentially, there is no traffic. I want to say it's really minimal. At the same time, there could be trucks or maintenance vans that arrive periodically to inspect the site, but we don't have practically traffic. We use the existing access through the church to reach... and we are also using an already dilapidated area to get to the site and build the access road. So, in terms of impact on any other infrastructure, we only need electricity and fiber optic cables. Parking and loading areas are simply irrelevant. We do not have parking or loading areas.
The only time there will be loading or unloading will be during the construction process, which is a very short duration.
Service entry and access areas. I mean, there are no real service entries. There is only one entry to access the site for very limited maintenance reasons.
And if ever there was a need for emergency means intervention, we have designed the access road with an area of inversion in accordance with the standards.
There will be no external lighting in this site and the AFA confirms that it is not required. We will only use electricity and fiber optic here, so there will be no other request for services. Open space and the setting of the landscape. We are limiting open space. We use existing vegetation, we only limit the necessary area to create the access road and the 60 p.m. enclosure. Environmental protection. We obviously have to protect from any soil disturbance, which we will do
And as I mentioned before, we have maintained the disturbed area below in the middle of the acro.
Respect for the adjacent property included, but not limited to noise, odors, lighting, traffic.
No noise. No lighting.
Real traffic. Compatibility. This brings us back to the aspect of harmony. It is compatible, based on its scale, design and use. It is located on the back of the property.
The order requires a minimum of 10.
We are at 17.40. and, again, on the back of the property in a wooded area.
Let me go back to that one. So, this gives you an idea. There is an existing walkway.
When you reach about half of that existing walkway, you will find the complex and the hand area.
But we will only beat the necessary trees.
it is on the opposite side of the church property compared to the residences that confine it so there will be a lot of mature vegetation between the tower and the residential properties just north where you can see the vegetation there is also a lake nearby so there is a lot of shade also on the north side let me go back to the floor here is the floor as I said it is just over half of that existing path
where we will enter. This is a work of which you see the layout in the floor of the site. It will be lined with thorn thread on the upper part to put the structure in safety.
Yes, that's better. These are future spaces for operators. The equipment consists of armaments. The prefabricated buildings are no longer used.
It doesn't happen anymore. They are technical weapons, just like the ones you see where there are underground or similar tools. This is all that is needed at the moment. The tower is there again. You can see the line of existing trees that we will keep inside the complex.
This is the profile of the tower. Your order would require...
We have planned four in total, which will host three main operators and TNT, T-Mobile Verizon plus an additional location.
They could still be emergency services, but we have designed the tower to have such flexibility.
It will be a single pole.
As a consequence, the profile will be very limited.
At the top there is a four-legged parachute. There is the same ground placement system under the tower, it is an electrical device. Let's make sure it's connected to the ground.
That's why we're here. The wiring goes inside the tower.
So it doesn't go outside the tower. The antennas will be mounted on the top. The number of antennas at any point simply depends on the operator.
So it is necessary to have different antennas that work on different frequencies. On this tower there will be 4G and 5G functions. Your order does not require existing towers in the radius of...
There are no towers registered within 3,000 square feet from the site. So we don't have to worry about this.
It's the area of research for the tower, for the...
The state law requires to search for locations. It's covered by 3,000 square feet. That's where we should look for locations, because... The area covered by these towers today is so narrow that it won't cover a vast area, especially with a 195-degree cone. Some higher towers cover a wider area, but this one...
I have with me some engineers and the site acquisition specialist.
My client is late, but he'll come. He comes from Concord, so he's stuck.
However, it will be available to answer any questions. I am happy to answer any question.
I would like to involve anyone else if necessary for this purpose.
I have a question.
You mentioned that the FAA has established that a light on the tower is not necessary. Do you know when it happened? Was it recently? Yes, it was recently.
We have just received it. And the others?
It's the eleventh day.
It's the one after...
It's very recent. When F.A.W.A. does it, they coordinate with their own hands and with all the airports nearby. If it had been necessary, F.A.W.A. would have established that we had to illuminate it and paint it if it had caused problems, but they said it was useless.
How tall will the ceiling be? You said it was 60 feet. In width.
60 feet by 60 square feet. How tall? I know.
Let me check the ceiling.
I couldn't remember.
I didn't see it either.
I didn't remember if it was 6 or 8 feet. It will have a pointed wire on its top.
It will also have a pointed wire, yes.
Yes, with a pointed thread on top. And we have a...
It's a seven-footer with a pointed thread on top.
So it should actually be eight feet, because we require an eight-footer with a pointed thread. We will make sure to increase it.
I was just looking at the construction drawings. It will be eight feet with a pointed thread on top. Three threads. Thank you.
He mentioned that you will have a limited number of antennas. A limited number of what?
Antennas. We have room for a maximum of four series of antennas. I don't think we will be limited to the antennas in particular.
It will be all here.
I mean, you will put four and then ... We will have room for a total of four series of antennas. Now, as you can see here in this project, it is structured on three sides. In this case, you have four antennas, each of them.
It's typical, but some are better.
I saw a project, why not? Depends on the project, but usually it's like this. It's usually what it's designed for. The tower is designed to resist the wind and the ice in this part of the country.
and, as indicated in the letter on the fall zone, fundamentally oversized, but in case of more than the requirements of the building code for wind and ice.
If the tower were to fall, it would remain within a radius of 185 feet, because the towers do not fall flat.
They usually bend if they exceed those requirements.
And it's documented, the hurricane.
I took care of a tower in Greensburg hit directly by a tornado. It was shot, but it didn't fall flat, because the foundations are based on soil analysis. With cement and deep armor to avoid movement,
And the letter on the fall zone says that it folds.
In order to stay within the 185. And it is not a weak point inferior to the building codes. The weak point is that if you exceed the code and start to yield, it will yield in that part.
I mean, it seems unbalanced. So I guess if it folds, the weight is... And it stays within those 56 meters.
In this moment, knowing that you still have to go through the regulatory plan. The goal is to complete everything within the fourth quarter of this year. Then you will have. They will perforate the foundations, they will insert the armor, they will throw... ...they will arrive to the concrete works, just like for any other construction site. Knowing that once everything is dry, it will be consolidated.
For the tower, a crane will arrive to assemble the...
It's like building with LEGOs, it is assembled in sections and then the tower could stay there for a while.
While the operators coordinate the installation of the... We would think that it is enough to mount the antennas up there.
But they have to coordinate with the other sites and set them. Because everything is...
It takes a little time. Usually the operators follow... Maybe up to 90 days, about...
They will have...
It seems to me that linear planning and the activities of the phases...
I mean, you can't work in advance or proceed with other jobs.
You proceed by phases, you know... Of course, you still need to dig the triceps, the optical fiber, and get both here... Everything is coordinated and depends on the delivery program, I think here it will be Duke Energy, I don't know who it is...
So there could be a lot of activity, then they will slow down for a while and there will be some.
But these structures are mounted surprisingly.
And now here with me I want to say it should swear to compile a module, but it can respond to any.
I thought the statement of impact was quite clear. I said I thought the statement of impact was quite clear.
It is what he intends to do, but he is available to answer any of your questions. And in essence, what Michael does is study the areas, the neighborhoods where on the one hand you can see the tower and on the other not. He compares the difference in value and there is usually no difference in value between being able to see the tower or not.
And it seems that the tower will be placed in the middle of a group of trees.
And so, and this is precisely the goal, we were trying to hide it among the trees so that it does not disturb us. If we go back to the aerial view, you can see that it is clearly inside a forest.
Here is the awareness as indicated before. During the survey, other elements such as landscapes and barriers could be reached.
and we will be happy to add everything we need during the plan of the area. We have already brought the modification to remove part of the paved maneuvering area to reduce the impermeable surface, still respecting the anti-fire standards. Other questions?
thank you very much well if there are no other questions for this witness we want to hear other witnesses
So, Mr. Secretary, you can call the other witnesses. There are other witnesses. Scott Steers.
William Butler.
Hermit Farr. Gregory Merrick.
Hello, thank you for your time and for giving me the opportunity to speak. I am obviously one of the neighbors. I had some questions about the height of this tower and also about their informative meeting, which was not informative.
They say it doesn't work.
I enter, you know, practically three miles, not three miles, where there are three other towers in the radius of three miles from this address. So they checked if there is space for further antennas before moving to the zoning and also looking online, since I have no access to the complete maps, most of the antennas that I managed to find in residential areas were 90 feet high, not 195. Moreover, I don't know if they decided to move to a more commercial area, which is not even It would not even be half a mile away from the surrounding houses where people are looking for. You have to go where people are, not where the trees are. Another thing I would like to ask is whether they have verified the property restrictions, because there are two links on that land, part of which is a church and part a cemetery. I'm not a geometer and I don't know if it's easily verifiable or not. It's basically out of my competence. The other question I have is that when they contacted me in 2024, part of your code requires an insurance of a million dollars. They self-insure themselves, but with any type of transferable LLC it is really possible to self-insure. Just like in the contract they had, everything that remains after the removal becomes the property of the owner. When I asked them for any kind of guarantee or caution to make sure that it was cleaned up, they didn't seem to have any idea of how to become a great utility, either for discharges or seals. You always have to have a caution. And I didn't see anything of all this in the contract, in the order, but it goes well beyond that. I just wanted to raise these possibilities that could become a responsibility in the future.
Does he live in Johnson Pond Road?
Yes, ma'am.
Excuse me, can you tell me his address?
5700 Johnson Pond Road.
Has he ever had problems with his cell phone coverage? No. At his house?
And all of them, the only thing they seemed to want to talk about was the visual impact and they didn't want to give us the respect. He gave us the GPS coordinates.
And not to mention the distance of respect.
I know he said that someone there was happy. I have never heard anyone. But this, you know, is an opinion. I would like someone from Hague not to be there to conduct the meeting, but to listen to what has been said and the way in which it has been said to the citizens.
How close is your house to the church?
Approximately.
Basically, I have a large property in the background. If I looked in the background, I could see it when I go out in the courtyard, at least seasonally, because when the leaves fall, you can see everything in the background.
Are there any other questions?
Thank you for your time.
In this moment we close the part of the public hearing and the council. We still have one more.
Paola Schultz.
Schultz.
Estals. My name is Paola Stultz, I live at 5668 Johnson Pond Road and that tower will end right in my courtyard. It's something I really don't want to see, but one thing that worries me is the wildlife that is behind it. We have a lot of wildlife down there. We have turtles, we have pussies, we have rabbits, we have deer in our yard all the time, we have guffies that nest there, we have falcons that nest down there. What will happen to them? Will they be transferred? A study has been done on the impact on wildlife. This is my concern. And the fact that I don't want to see the tower. Honestly, I can't wait to avoid all those construction work down there. They will push all those animals to end up on our road.
This is what I wanted to say.
Have you ever had problems with your cell phone service at home? No, there's nothing that doesn't work in my cell phone service.
This is what they said.
They said it would make the service better. There's nothing that doesn't work in my cell phone service. It was perfect. It never fell out of line. I've never had problems with it. Numero sette. Numero sette.
E numero sette.
E onestamente sì. In inverno tutte le foglie cadono. Si può vedere tutto. Non voglio davvero che ostruisca la mia vista sui miei animali. Si può fare uno studio sull'impatto sulla fauna selvaggia? A chi devo...
I will be happy to answer.
If this was all that... I would like to examine a couple of things that emerged during that... I have an insurance certificate from...
I have several copies, but we have the proof, the responsibility and the necessary insurance coverage.
We did not present it tonight. We will present it during the trial because it requires. Is there anything I want to read from the North Carolina statute? Because the question is similar to both in 160 and 933, which deals with wireless support structures. It says specifically in the sub-comma B.U. regarding the duties of the revision of the local government, it must concern only public safety, the development of the territory or zoning issues. In reviewing a question, the local government must not require information or evaluate the commercial decisions of a requirer regarding its design, service, customer request for its service or the quality of its service towards or from a particular area or site. A local government cannot ask for specific information about the need for wireless support, even if the service provided by the wireless support service is to add additional wireless coverage or additional wireless capabilities. It is fundamentally a commercial decision that managers make and that is not part of this process.
They continuously evaluate where they have gaps in the service and they evaluate them constantly. But that is a commercial decision.
The best example I can give is when you are facing a development review and you want to put a restaurant somewhere. You are not doubting if the restaurant. You could think in your mind that PSM will fail, they will not go well in that position.
This is not your responsibility.
You look at the regulations and the requirements that we satisfy, the requirements in the order. without doubting that commercial decision. And so this is what this statute is about, because you don't know the details about the fact that someone has T-Mobile, or AT&T, or Verizon, or whatever the situation may be, but the managers will not spend the amount of funds they have to invest in this site, if they do not need it, they will go elsewhere. I wanted to address the three miles. The State statute also says in this same U169.33 that looking at alternative structures is limited to the area of search of the applicant. The area of search is within those 3,000 feet where there is no tower. So even if your ordinance can speak at a certain point of looking at three miles away, it is too far, very far from the area of search. And that is why the state law says that we must not look outside our area of search for places where to place. Compared to the question of the wild form that emerged, this is a structure granted in federal license. Therefore, it must be subjected to a evaluation in the senses of the National Environmental Policy Act of Nepal. Each site must pass through. Includes the historical property examination to a jungle, to Native American sites and everything else.
Follows the entire process sent.
to the AFCC for approval. So, just like any other government project, a federal government project must follow that process, including the revision by the Fish and Wildlife Service, which provides a letter of approval. Again, we have shown the distances from the homes. I want to say that it is a considerable distance and there is a wide barrier to the fence. We have to cover residential areas. It is necessary to provide wireless coverage to residential areas and it is not always available a commercial property or something else to do it because it is there that customers are. I mean, since many more people work from home, it is necessary to have enough signal to penetrate the domestic walls to provide the service and data that people need. And this is what many of these operators are doing, trying to build air-covering inside the buildings. You could have the service outside, you could have it in the car, but you could not have a strong enough signal to work remotely inside your house.
Particle that they are trying to cover.
This is the place. Your order recognizes it, allowing residential areas to return through a special use permit, which is why we are here. Another question was, is there a request for a dismissal plan that we have presented to the city?
We will register it as requested by the site. Regarding what we have to do if the auditorium should become vacant and no longer in use, and such a plan is registered through the mobile register. Not only Cuevarina, but also the QTA of Wake, which requires the same thing, so we have prepared for it.
Other concerns regarding registered acts?
Let's test the title on all our properties and we must obtain the title insurance policy to make sure we can use the position for a tower. I will be glad to answer any question. What happens to the service of passage if something happens to the tower?
Usually the service of passage tends to remain. Usually.
So I'm sure the church probably wanted to reach the back of their property.
We don't remove it, but not in any case.
Other questions? Thank you very much.
So what we would like you to do now is discuss your reasons, your why, so we can list them and then, once you feel at ease in the fact that everyone is aligned, then you can proceed with the motion.
So we will discuss the evidence related to each statement requested before someone presents a motion. Once you have identified the statements that the council believes are supported by the documentation, a member can formulate a motion that incorporates such statements. And it is my intention that people are noting our statements while we talk about them.
It is correct.
It would be excellent. In the end, if you could present them, if you have notes or something else, it would be fantastic.
We must discuss the evidence to support the motion. Therefore, there is a useful sheet of evidence, if everyone has had the opportunity to examine it, which is a good summary of the information that has been provided.
So, regarding the first observation, the proposed use will not put health and public safety in danger if located where proposed and developed according to the plan presented. I was worried about the height of the reception, which I actually live in Crooked Creek. I live right next to Hilltop Marrow Road, not far from this property. I think I will be able to see the tower from my door. But I asked for a cell phone service because I actually have a terrible cell phone service at my house. That's why I asked. I don't have any service. We have to be connected to the internet to have telephone services.
So I thought I probably should.
And I think I will be able to see the tower too. I live right next to the city center. I know there are many children in our neighborhood. They love to spin. My son is here. He likes to go around with his friends and he was a little worried about, you know, a giant tower in a neighborhood like that and the children who are there. But the review of 2.5 points makes me feel much better about public safety. And I really like this. I think the fact that it is positioned behind, among the others, it doesn't seem to be visible from the street. That is, the main structure will not be visible from the road itself. I understand that from a distance you will be able to see it on the line of the trees. So maybe I wouldn't attract children.
This would be my main concern as far as safety is concerned. I think it's a good project.
It's well structured.
It was clearly well prepared with a letter of... Clearly they wouldn't have allowed if there had been safety problems.
It is necessary to consider that it could be visible from a distance.
This is subjective. It means different things for people. But I think that if we are reasonable, it is right. It is sensible to expect that in some points it is visible.
And we will come to talk about harmony. I think so. As far as safety is concerned, I think it is important to include the height of the review. I really think it is a huge factor. And the barbed wire. Yes, I agree. And the fact that it is in accordance with the FCC, the FAA, the structural and electrical requirements of the city and the applicable building codes.
We use it constantly, every day.
I think we have solved a number of problems in our society. But one of these is that the cell phone service is absolutely critical, especially in the way moving, you know, towards the people who work here. I mean, I don't have the percentages in my hand right now, but we are close to 40% staying at the last one from home, and they use cell phones and computers.
So we can't, on the one hand, want to work from home, and on the other, not want to, right?
It has to be able to go somewhere.
something harmful for the people who live in the area.
Someone can shut me up at some point, but I think I satisfy that requirement.
Thank you for your comments. I also wanted to emphasize that they have designated an area of fall of 185 feet, so it will not fall into anyone's courtyard and It seems that it will bend.
I think that the nearest residential space was of over 580 broken feet. So over 500, 561 is...
It will bend.
It will crash. I imagine if it is unbalanced in height that it will bend. So it will fall into 185 feet, since it is higher. It is a monopole of 185 feet, with a fulminator from here. So, based on these conclusions, the Council seems to believe that there is evidence to support the fact that this will not materially endanger health or public safety if it is located where proposed. Developed according to the plan presented due to the factors identified by the adjustment committee in the motion in discussion that are here incorporated in the testimony and in the evidence presented by the applicant. And this is his motion?
That is not the motion. That is a statement of facts. But that is also the suggested motion.
He can present a motion, so he moves. That is the motion that you ...
Who is in favor raise your right hand and say yes.
Who is against raise your right hand and say no.
The finding of facts number one is approved. There are questions for the staff in addition to the discussion on the finding of facts number two.
I think that for the second observation, the proposed use satisfies all the conditions and specific requirements.
I believe that the strongest argument is that our current ordinance allows the residential agricultural use to host a tower, a cell tower. As far as the fact that this is a planned use of the space, theoretically, and that we have put pressure on it. Yes, exactly.
I think.
That is the fact that they are not outside, they are within their time.
What else did they say? They are actually... It is large, so the order requires 10 acres and this one has 181, 19... 17 and a half, just under 17. It is actually in a larger space than required by the order. On the basis of what has been discussed, does the Council seem to believe that the evidence supports the conclusion?
A member of the Council would like to formulate a motion for the confirmation of the fact.
I propose that the proposed use meet all the conditions and the specific requirements, since the factors identified by the Evaluation Committee in the discussion of the motion, here incorporated, are supported by the testimonies and the evidence presented by the applicant. Who is in favour? The right hand is for coffee. If not, raise your right hand and say no. Motion approved. Any further questions? Yes, I have a question. When we look at the different towers,
The 199, the proposed one, is the average, is the standard.
I don't understand your question.
No, I meant that there are different towers.
I saw that one of the recurrents said that they are mostly high.
About 99 feet. The height. And this is the 199.
So my question is the average is...
Well, we don't know. No one has presented evidence of support or less, so we can't consider it because we don't know. We just have to consider what we have here in front of us. I would say that, if I can see it from my front porch, I agree with you. One of our orators, we have a lot of wild fauna, the cows often run away from those parts, so at least Recincena will keep the cows away from the tower. I don't like the idea of seeing a tower from my porch. But I think this is the world we live in. I think it's part of the fact that there are many things we see in the sky today that were not there 20 or 30 years ago. In a community, things change, the lines of sight change. And then, in my opinion, no evidence has been presented indicating a decrease in the value of property.
In fact, the applicant presented the impact study, which shows that real estate values would not decrease.
And it was a good sample of other areas that are in similar situations and have not had a great impact on real estate values.
We accepted the study. Well, based on the conclusions discussed, the Council would like to proceed with a motion on the observation of fact number 3. Propongo una mozione affinché l'uso proposto non danneggi sostanzialmente il valore delle proprietà adiacenti o l'uso, sia una necessità pubblica a causa dei fattori identificati dal Consiglio di conciliazione durante la discussione della mozione che sono qui incorporati e della testimonianza e delle prove presentate.
Who is against, raise your right hand and say no. The motion for the finding of fact number 3 is approved. Are there any questions for the staff or further discussions on the finding of fact number 4? That is, regarding being in harmony. I want to say I think that with residential neighborhoods comes data, the need for data, the need for mobile service. I like it. As they mentioned, it is an infrastructure use with low activity, located on a large land that contains an existing institutional use. You know, it will not be put in the middle of a field of wheat, but just along the side of a big road. You know, I think it is Considering that area, what I know seems to be a reasonable position for what they are trying to do. And I think you know. The residential and agricultural area allows for special use options and within this it would be suitable.
E sebbene forse non sia l'ideale per alcuni vicini, hanno dichiarato a verbale che sono disposti a fare ciò che serve durante il processo di pianificazione del sito per raggiungere ulteriori barriere paesaggistiche, oltre al fatto che c'è una vegetativa che sembra ragionevole.
E sembra più essere... an area that has many trees and so probably there is no better place for a pole of
199 feet that stay between the trees. And there will be no additional lighting for the equipment that will be installed for the complex itself, which I think is extremely important.
You know, the neighbors of Crooked Creek right now are all at war for these playgrounds that are being built. And the lights. And again, I will be the closest house to these playgrounds and I am enthusiastic about it. but the lights are a big problem and the neighbors don't like it. So I think that the fact that no lighting will be installed will surely be in harmony with this location. I would like to make a motion.
For the point 4 of the confirmed facts, that is, the location and nature of the proposed use, if developed according to the plan presented, will be in harmony with the area in which it is located and, in general, in accordance with the development plan of the city of Fuqua e Varina and its ordinances, due to the factors identified by the adjustment council in the discussion of the motion formed, here incorporated, and of the testimony of the evidence presented.
A second. All in favor raise your right hand and say no. All against raise your right hand and say no. The motion for the fourth fact is approved. The applicant has been informed that the proof of the evidence and the evidence necessary for the presentation of the question are in charge. Such evidence and documents presented must prove that the necessary facts have been approved. At this moment I have a motion for the special use permit B.O.A. Sup. 2026.05
I make a motion to approve B.O.A.
SUP 2026.05 as presented according to the terms and conditions identified in the request of the applicant, in the testimony and in the layout of the site, presenting all the conditions of the special use permit B.O.A. SUP 2026.05, not inconsistent with it. One second.
All in favor raise your right hand and say yes.
All against raise your right hand and say no. The motion to extend B.O.A. under 2000-1625 is approved. At this moment I would like to ask the staff if there will be a meeting in September. There will be a meeting in September.
You are under arrest. The series continues.
I know.
The year is better than ever.
Well, if there is nothing else to discuss, I will accept a motion to update the meeting of the Adjustment Council of August 10, 2026. The meeting is updated.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.