Minutes of the

Davie County Board of Adjustment

November 17, 2014
Regular Meeting
Members Absent
Kendall Chaffin
John Woodard

Members Present
Daphne Frye
Norman Carter
Michael Branham
Linda Mace
Tim Latham
Others Attending
Andrew Meadwell
Amy Litz
Ed Vogler, County attorney

CALL TO ORDER
Chairman Frye called the meeting to order and introduced the Board and others.
ADOPT AGENDA
Mr. Carter made a motion to adopt the agenda as written. Mr. Branham seconded the motion. The
Board voted five (5) in favor and none opposed to adopt the agenda.
APPROVAL OF MINUTES FROM September 15, 2014
Mr. Branham made a motion that the minutes be approved. Mrs. Mace seconded the motion. The Board
voted five (5) in favor and none opposed to approve the minutes.
Claude Gale Jr. has applied for a Special Use Permit to allow a Backyard Workshop in the
Residential-20 (R-20) zoning district as shown in 155.125 of the Davie County Zoning Ordinance. The
subject property is located next to 162 Bugle Lane Mocksville NC 27028 and is further described as
Parcel of the Davie County Tax Map E30000006507.
Mr. Meadwell is sworn in.
Mr. Meadwell introduces item.
Applicants:
Address:
Description and Location of
Property:
Tax Map / Parcel
Public Water:
Current Zoning:
Current zoning in area:
Intended use of the property:
Existing Land Uses in the area:
Environmental concerns:

Claude Gale Jr.

162 Bugle Lane Mocksville, NC 27028
1.008 acre located at the end of Bugle Lane approximately 770 feet off the
eastern side of US Hwy 601 N in northern Davie County.
E30000006507
Watershed District:
None
Yes
Public Sewer:
No
Residential-20 (R-20)
Residential-20 (R-20)
Backyard Workshop
Surrounding properties consist of residential and wooded properties.
None

As a special use permit request, the Board of Adjustment may place reasonable conditions on the use
related to expected impacts to adjacent or nearby properties.
The Board of Adjustment, in order to grant a permit, must find that:
1. The use as proposed will not adversely affect the health or safety of persons residing or working in
the neighborhood of the proposed use;
2. The use as proposed will not be detrimental to the public welfare or injurious to property or public
improvements in the neighborhood of the proposed use;
3. The use will not substantially injure the value of adjoining or abutting property; and,
Davie County Board of Adjustment
Monday, November 17, 2014

4. The use meets all required conditions and specifications.

Mr. Meadwell Before you tonight you have a Special Use request from Claude Gale for a backyard
workshop. The address of the subject property is 162 Bugle Lane Mocksville, NC. It is up Highway 601 N
just past William R Davie elementary school. The property is zoned R-20 and most properties surrounding
consist of residential and wooded types. (shows zoning map). Mr. Gale lives at 162 Bugle Lane and the
highlighted in red is the property where the workshop is proposed. The properties are currently 2 separate
pieces of property and part of the conditions of the request will address that. This aerial is not current. Its
from 2010. Currently the site has been cleared and the adjacent property has as well. There is a
submitted site photograph to show the proposed building pad. Mr Gales request is a backyard workshop
and he makes a piece of testing equipment for automotive shocks and springs. Its a metal fabrication
operation. (shows site plan) Within the R-20 zoning district, an accessory structure in the front yard is
permitted as long as its located 100' front ROW in this case Highway 601 and 25' from any side line. The
property is accessed via an ingress/egress easement 30' wide. He proposes a 5000sq ft building with him
and his son as employees. The ordinance does not define what a backyard workshop is. It just states a
SUP is required from the Board of Adjustment. A similar request was approved in 2000 for a similar type
metal shop and again in 2003 for a candle making backyard workshop. Your decision is reviewed on its
own. The submitted site plan is what Mr. Gale is held to. It cannot be more than this metal fabrication
shop. If there is a change then Mr. Gale would have to come back to the Board and request an
amendment or just not be allowed to do so. We have proposed some conditions to this SUP and we will
go over those after we hear testimony in this case. Briefly, these conditions include lighting, hours of
operation, no more than 1 employee that are not a resident of the dwelling so the dad and the son. Any
commercial trash would have to be enclosed if there is one. I will take any questions.
Chairman Frye invited those in favor of the request to speak.
Grady Tutterow, surveyor for the applicant is sworn in. (submits exhibit 1, pamphlet for the Gale Force
Suspension business) We did the survey for Gale Force Suspension. In 2011 Mr. Gale moved here from
Alabama. There he had a distinguished career in automobile racing. Theres also a great football team
there. He moved here more than likely to be closer to NASCAR and the community that uses his shock
testing equipment. He moved his business to its current location in Winston-Salem. I will try not to get too
technical. They make a computerized machine that tests shocks, racing shocks, and springs. These
settings on shocks and springs can be changed to make the car do different things on the race track. The
machine does that. The print outs list the springs capability. These pieces are very important on race
cars. They make the car. They keep it balanced. They do a lot of testing for others on their machine. The
machine is built in house completely on site. The machine is checked. The machine comes with software.
The shocks and springs are rated on a scale. There are other accessories for these pieces. Its a unique
situation. Most of his business is out in the Midwest. Its mostly shipped there. There is no walk in traffic
and no retail. Its all shipped to the Midwest. They make the machines to test the shocks and sell it. Some
are repaired on site. A lot of people use this machine and he has sold to a lot of people. A lot of dirt tracks
in the Midwest use this machine. In NASCAR, Mark Martin, Kyle Bush, Chase Elliot, Kevin Harvick who
just won the championship; all use this machine to test their shocks and springs and get the computer
print outs. This is all thats done there. This is not a race car shop. Its not a place to work on race cars.
They only make this machine there and ship it. The only race car that might be there is their personal car.
Mr. Gale and his son have a car. They may store it there but not work on it. That is allowed to be stored
already on the property. We need these small businesses here in Davie. Gale Force Suspension is one of
those. Ill take any questions.
Mr. Latham Can you tell us a little about the site? Will the 5000 square foot building have roll up doors?
Mr. Tutterow Yes. We are showing two garage doors and a three foot door. It will have office space and
a restroom. The office is for Mr. Gale.
Mr. Latham The pictures submitted are from the existing facility?
Mr. Tutterow Yes
Mr. Latham How are you shipping? On a tractor trailer?
Davie County Board of Adjustment
Monday, November 17, 2014

Claude Gale Jr. is sworn in.

Mr. Gale Fastenal handles most of our stuff now. They come and pick it up from us. In the past we did
use some tractor trailers with a pub truck such as Southeastern.
Mr. Branham How do you get your delivers of the raw metals?
Mr. Gale We pick it up ourself.
Mr. Branham What kind of noise is generated when bending the metals?
Mr. Gale We have a small ton press but we dont use any other presses. Its not really loud.
Mr. Branham Now as far as keeping raw materials on the property, How much in advance do you store
such materials?
Mr. Gale We build 25 at a time. We sell those and re supply.
Mr. Branham Where are those stored?
Mr. Gale Inside.
Mrs. Mace How late do you work at night?
Mr. Gale Whenever the limitation is. Our usual nights are 6-7pm but sometimes earlier than that.
Mrs. Mace So operating regular business hours and not real late at night?
Mr. Gale Yes.
Mr. Latham Do you bring in cars for testing at this facility?
Mr. Gale We have some personal race cars that we R&D with but as far as bringing in outside cars, no
sir.
Chairman Frye invited those in opposition or seeking further information of the request to speak.
Crystal Sweitzer of 727 Richie Road is sworn in. I have more of a concern than opposition. I have a
child with an integrated sensory disfunction. By the time she gets home from school homework is quite a
bear. I am concerned about outside noise, lighting, hours of operation. The recent logging has opened up
the land. I can see the cleared spot from my back deck. Im worried about any bright security lights. My
child cannot filter noise and everything has to be quiet all the time. School is already an issue and by the
time she returns home shes on sensory overload. My concern is the noise level, hours of operation and
security night lighting. Her bedroom faces the site. Big outdoor lights would shine in our backyard. I worry
about that shining into her room and her not being able to deal with that. I have no problems with the
business being there just concerns about my child with special needs.
Mr. Branham The proposed condition No outdoor lighting shall be installed other than normal
residential dusk to dawn lighting. No lighting shall be directed onto adjacent property. Flood lights or
other high-intensity lighting shall be prohibited. Is included with the request.
Chairman Frye The hours can be addressed.
Mrs. Sweitzer That is great. Thank you.
Chairman Frye closed the public comment period of the hearing.

Mr. Meadwell describes the draft findings of fact.

Davie County Board of Adjustment
Monday, November 17, 2014

1. The existing 1 acre property is vacant; located at 162 Bugle Lane and is presently zoned
Residential-20, located in northern Davie County in an area comprised generally of single-family
housing and wooded/agricultural lands.
2. The property is presently vacant.
3. The applicant owns and resides on the property (3.9 acres) adjacent to the south that features a
single family home.
4. Backyard Workshops in the R-20 zoning district are allowed with the approval of a Special Use
Permit.
5. The workshop is for a metal and fabrication shop. The property owner occupies the residence
and will own the workshop. The machine shop is operated as a home occupation.
6. No retail or other business traffic will visit the workshop. No retail sales will be conducted from
the property.
7. The Application as presented was complete, and due notice was given of the hearings in this
matter.
8. The property is presently owned by Claude Gale Jr and Tracie Gale.
9. The property is served by public water and a private septic system.
10. The structure and/or locations will/will not adversely affect the health or safety of persons
residing or working in the neighborhood of the proposed use and will/will not be detrimental to
the public welfare or injurious to property or public improvements in the neighborhood.
11. The use will not/will substantially injure the value of adjoining or abutting property
12. The use meets all required conditions and specifications.
13. If the specified conditions addressed in the special use permit are violated, the permit shall be
revoked and the use will no longer be allowed. Only by reapplying to the Board of Adjustment for
another special use permit and receiving their approval can the use be again permitted
14. The development of the property shall proceed in conformity with all plans and design features
submitted as part of the Special Use Permit application and kept on file by the Davie County
Development Services Department.
Mr. Meadwell The staff recommendation conditions do include one for hours of operation from 7am10pm. That is something you can address. You heard testimony from Mr. Gale about his working hours
and concern from the public about them. It is hard to enforce hours of operation. I think the contrasting
issue is the hours of operation. We heard no other testimony. Mr. Gale did state it is not a race shop and
the workshop is for the fabrication of the one piece of equipment.
Mr. Branham I believe hours of the operation to be limited and that the proposed condition #4 be
changed from 7am-10pm to 7am-8pm. Is that reasonable to everyone else?
Mrs. Mace What about changing to 9pm due to summer time and when it gets dark?
Mr. Latham He is working inside.
Mr. Branham I propose condition #4 for hours of operation be amended to 6am-9pm.
Mr. Carter made a motion that the special use permit be granted. Mr. Branham seconded the motion.
The Board voted five (5) in favor and none opposed to approve.

Davie County Board of Adjustment

Monday, November 17, 2014

1. Board finds the application of Claude Gale Jr. to locate a backward workshop on property located
at 162 Bugle Lane Mocksville, NC 27028 Davie County Tax Map Parcel E30000006507 for a
special use permit meets the general standards contained in the Zoning Ordinance.
2. The subject property shall be recombined with the owners property featuring their home (Parcel
E30000006506).
3. No outdoor lighting shall be installed other than normal residential dusk to dawn lighting. No
lighting shall be directed onto adjacent property. Flood lights or other high-intensity lighting
shall be prohibited.
4. Hours of operation shall be limited to 6:00 am to 9:00 pm
5. Outdoor storage of any kind shall be screened from public view. Outdoor storage includes
materials, equipment, parts, and supplies of any type associated with the shop.
6. Commercial trash receptacle, if necessary, shall be enclosed with a six (6) foot privacy fence that
is made of masonry and/or wood materials.
7. The use shall employ no more than one person who is not a resident of the dwelling.
8. Noise, air pollutant, vibration, dust, odor, direct or sky-reflected glare that emanates beyond the
boundaries of the property upon which the use is located shall be prohibited.
Skyway Towers LLC has applied for a Special Use Permit to allow a Telecommunications Facility in
the Residential-Agricultural (R-A) zoning district as shown in 155.125 of the Davie County Zoning
Ordinance. The subject property is located at 246 Bethesda Lane Mocksville NC 27028 and is further
described as Parcel of the Davie County Tax Map B300000044.
Applicants:
Address:
Description and Location of
Property:
Tax Map / Parcel
Public Water:
Current Zoning:
Current zoning in area:
Intended use of the property:
Existing Land Uses in the area:
Environmental concerns:

Skyway Towers LLC

246 Bethesda Lane Mocksville, NC 27028
A portion of 36 acres tract owned by Ricky Lee Spillman along Spillman Farm
Trail in northwestern Davie County near the Yadkin County line.
B300000044
Watershed District:
None
No
Public Sewer:
No
Residential-Agricultural (R-A)
Residential-Agricultural (R-A), Residential 20 (R-20)
195 monopole wireless Telecommunications Tower
Surrounding properties consist of agricultural uses, open lands, residential
homes
N/A

As a special use permit request, the Board of Adjustment may place reasonable conditions on the use
related to expected impacts to adjacent or nearby properties.
The Board of Adjustment, in order to grant a permit, must find that:
1. The use as proposed will not adversely affect the health or safety of persons residing or
working in the neighborhood of the proposed use;
2. The use as proposed will not be detrimental to the public welfare or injurious to property or
public improvements in the neighborhood of the proposed use;
3. The use will not substantially injure the value of adjoining or abutting property; and,
4. The use meets all required conditions and specifications.
Mr. Meadwell The second request tonight is a Special Use Permit for a 195' communication tower. The
property is a 36 acre tract at 246 Bethesda Lane. The property is on both sides of the road as it is a bit
oddly shaped. The tower site is across from his home and accessed along Spillman Farm Trl. It is owned
by Ricky Lee Spillman. It is currently zoned R-A. Bethesda Lane does bisect the property. The
surrounding lands consist of agricultural uses, open lands and single family homes. (goes over maps and
site plan). The tower site is more to the eastern part of the property. The balloon test was performed and
is part of your packet. It features a more up to date aerial photograph. As part of the SUP, Skyway Tower
is requesting a waiver to 156.18(B)(1) Setbacks for single family residences. 156.18 also maintains a 500
setback from the nearest DOT road or private road. The end of Spillman Farm Trail must be 500 from the
Davie County Board of Adjustment
Monday, November 17, 2014

tower and any residence must be 1000 feet. The fall zone of 219 must be maintained. 156.18 LOT
SIZE AND SETBACKS states:
(B) Towers that exceed the maximum commercial height limitation shall further increase its setback 10%
for each additional 50 feet over the maximum height.
(1) Notwithstanding the preceding, no tower shall be located nearer than 1,000 feet from a singlefamily residence, unless the county is provided with the written consent of any resident located closer
than 1,000 feet from the proposed facility, showing agreement to a lesser setback.
(2) Towers shall be located at least 500 feet from either:
(a) The nearest paved public street maintained by a municipality or the NCDOT; or
(b) The nearest private street as identified and addressed under the county's (or any other
municipal addressing ordinance.
The applicant requested the waiver during their pre-application meeting that was held on June 5, 2014.
The Ordinance language for granting such a waiver is outlined as:
156.50 WAIVER.
(A) Any applicant or permittee desiring waiver from any aspect or requirement of this chapter may
request such at the pre-application meeting, provided that the waiver is contained in the original
application for either a special use or zoning compliance permit, or in the case of an existing or previously
granted special use or zoning compliance permit a request for modification of its tower and/or facilities.
(1) Such waiver maybe temporary or permanent, partial or complete.
(2) However, the burden of proving the need for the requested waiver is solely on the applicant to prove.
(B) No such waiver shall be approved unless the applicant demonstrates by clear and convincing
evidence that, if granted, the waiver will have no significant affect on the health, safety and welfare of the
county, its residents and other service providers.
As a condition of the Special Use Permit, Skyway Tower is also requesting a waiver to 156.18(B) (1)
regarding setbacks from single family residences. Skyway Towers has submitted that the Tower will be
within this required 1,000 setback from (5) five single family residences as stated in 156.18.
1. The tower will be approximately 510 feet from the Clarkson home at 303 Bodford Lane.
2. The tower will be approximately 701 feet from the Byrdsong home at 249 Mortgage Hill Way.
3. The tower will be approximately 732 feet from the Jurgenson home at 192 Mortgage Hill Way. These
owners have signed their consent to such an encroachment of the setback.
4. The tower will be approximately 758 feet from the Lea Brooke Spillman home at 126 Spillman Farm
Trail. This owner has signed their consent to such an encroachment of the setback.
5. The tower will be within the required setback to the home at 151 Spillman Farm Trail. This owner and
tenant have signed their consent to such an encroachment of the setback.
You have two properties to consider: the Clarkson home at 303 Bodford Lane and Byrdsong home at 249
Mortgage Hill Way. Skyway Tower has stated in their submittal letter and supporting documents that the
Tower will have no significant affect on the health, safety and welfare of the county, its residents and
other service providers as outlined in the Ordinance requirements for such a waiver. This request are two
things that will need to be approved with 2 separate votes to bring the request into compliance before we
get to the voting on the SUP for the Tower. If they are denied the waivers then the Tower request is not
compliant with the Ordinance. The applicant will have to decide to move forward or ask to defer a
decision until they can regroup and see what they can do to meet the Ordinance requirement of 1000 or
get owner consent. Those two votes should happen first and they will become part of the findings of fact.
We are at that point now and I will take any questions. If not, then the applicant should speak to these two
waiver requests as well as any opposition to the waiver requests.
Chairman Frye invited those in favor of the request to speak.
Dave Pokela, Graham Herring, Eduyr Estrano, Ricky Spillman, Micah Retzlaff are all sworn in.
Dave Pokela I am with Nexsen Pruet law firm in Greensboro. I appeared before you last year for a tower
request. This is the waiver hearing and then potentially the tower Permit hearing. I am going to do one
presentation for both votes (waiver and SUP). I request the application and submitted documents for both
be part of the record. (submits the Impact Statement and copy of powerpoint) I will now explain the
proposal and go over why its being proposed. I am sure you have seen some Tower presentations
before so some of this may be similar. This tower is proposed at 246 Bethesda Lane. A single 195
monopole with 4' of lightning rod bringing total to 199'. (goes over powerpoint) We have moved from voice
only to data driven usage including emails, apps, banking, medical records, texts, videos, pictures. This is
creating a strain on existing services and creating more need for these towers to handle the demand.
Similarly as an area grows and needs more electricity then more transmission towers are erected. The
data usage is pushing this need for more infrastructure. We are facing a decline of landlines and
Davie County Board of Adjustment
Monday, November 17, 2014

becoming wireless reliant only. This chart shows a graph featuring 46% of North Carolinians who are
relying on these towers solely for their communication. These are large number of people who are relying
on these towers to serve those needs. That is incredible growth and need. We more than doubled our
data usage from only 4 years ago. The demand due to data transmission in incredible and what service
providers are trying to meet. Now we will focus on this particular site. This site is an interesting shaped
lot. The road Bethesda Lane runs through it. (goes over site plan, compound detail). You can see the
tower site tucked back on the property. It is 1079 from Bethesda Lane. You can see the monopole and
equipment sheds.
Your jurisdiction, like others, is looking for colocation opportunities. So once this tower goes up, other
companies could agree the put their equipment there. (shows elevation) The very top antenna is for
TMobile who is the intended first user. You see some spaces below that for microwave attachments.
TMobile has identified holes in coverage and then looks for other existing towers. There is an Antenna
Search Results that we use. Once an area is identified you search within a mile of that spot. Anything
outside of that is not filling the identified gap. There were no matches found using the ASR search.
(shows 3 mile radius with 2 towers in the county) The two towers within the 3 miles are not even
possibilities. We did look at the water tower in the area and that site was looked at for colocation. (shows
coverage maps) We did an analysis for that site. The water tank is outside our 1 mile need zone. You can
see on the coverage map how using the water tank does not meet our needs. This proposed tower fills in
our need along 601, a major highway. The dark green on these maps indicates the signal strength is
strong enough to penetrate the walls of a commercial structure. The next shade of green is reliable
coverage that can penetrate inside a house and the lighter green that can get in and used reliably in a
vehicle. This particular site helps up link the towers and fills in that need. We want to connect towers so
you dont drop calls when driving along the highways. Another note about the water tower, the
maintenance of water towers leads to service outages. This is a reason why they arent good for
colocations. Every ten years a water tank needs to be painted and all antennas have to come off for 3-4
months. Following, September 11, 2001 Homeland Security has discouraged using public water towers
for such uses. Water tanks as a whole just do no make good colocation spaces. The combination of not
being viable for practical stand points and not meeting the coverage needs makes the water tank not a
viable space. Ms. Estrano has submitted her report in your packet and its signed and sealed analysis of
the water tank.
So now, with all of that as background we get to how that relates to the waiver request. The waiver is
established in your ordinance at 156.50. I will just comment generally and I handle a lot of cell tower
hearings across the state and this particular 1000' setback is one of the most restrictive Ive seen in
counties but you do have this waiver provision. The waiver provision says you can waive one of your
requirements so long as there is no significant affect on the health, safety and welfare of the county, its
residents and other service providers. Id like to cover those items. So we can all know which properties
we are dealing with (goes over site plan). The tower is here and the Jurgenson property has signed
consent. The Clarkson property has not signed consent. The Byrdsong property has not. The Spillman
property: they have given consent. Right here is a mobile home on the property that has given consent
from both landlord and tenant. The end of the private road Spillman Farm Trail is more than 500' from the
tower and meets that setback. (shows submitted notarized waivers that are signed). Now health, safety
and general welfare and other providers. Ms. Estranos submitted reports shows there will be no RF
interference with other providers. That should not be an issue. Theres health and safety is something that
is addressed in waiver ordinance. As it relates to cell towers, Mr. Vogler can comment on this as well, the
aspect of RF emissions is something that is governed by the FCC. The NC General Statute 160-451A the
public safety requirement does not address RF emissions. The FCC makes sure these towers are safe
from an RF emissions stand point and these towers put out less than 1% of the total acceptable allowed
levels. Its not a real issue and if it were the FCC would come in and shut it down. As you are considering
this waiver from a health and safety standpoint; RF emissions is not an issue there. From a safety
standpoint we have submitted documents and have agreed to operate safely and follow all FAA and FCC
rules. From a safety standpoint one thing most jurisdictions are concerned with is the fall zone. Davie
County covers that safety concern of the fall zone is addressed if the tower should fall at its base. This
tower is 199 and the fall zone is 219 so there is no safety concern there. This tower if it falls will be safely
within the fall zone and there are no residences there. No hazard to air navigation as determined by the
FAA. We looked at the aesthetic of the tower being added. We did the balloon test and took photos from
various angles. Mr. Herring went out and floated a balloon at the height of the proposed tower and then
created simulation of the view from various angles. Some angles you can see the tower and some you
cant. (goes over Balloon Test). Monopole tower is the least obtrusive of all tower types. In additional
support we have submitted an Impact Statement. He (Mr. Graham Herring) is an expert witness in over
1000 these type of hearings and property values. From his report in your package the planned facility is
generally compatible with the areas existing and proposed uses, and developed as proposed it will have
Davie County Board of Adjustment
Monday, November 17, 2014

no substantial negative impact on existing or planned development of the surrounding properties.

Moreover, this telecommunications facility, built as planned, will have no detrimental or injurious effect on
the property values of surrounding neighborhood or other improved or unimproved properties in the
general vicinity. Finally, the nature of this location, with its separation from the residential arterials located
to the north, east and south of the proposed site, the unimproved areas and mixed use nearby, heavily
wooded areas, and topography is such that the proposed development will not create any significant
aesthetic effects on the scenic roadways or other unique natural features. (Invites Mr. Herring to podium)
Graham Herring I am a licensed real estate broker and developer in NC and SC. I have been evaluating
towers of all types across US for last 24 years. Involving some 1500 tower projects. I have done quite a
few of the towers in Davie County in the last 20 years. This tower built as proposed is not dissimilar to the
towers already here and is similar to one of the more recent ones along Farmington Road. This is ideal
site with regards to setback visibility, topography, location.
Dave Pokela What is your opinion of the impact to value of surrounding or adjoining properties?
Graham Herring Not significant. We cannot say no impact because it is visible. These things are not
invisible. This type facility of the monopole is less intrusive as compared to a Eiffel type tower but you will
see it. Those are visible more obtrusive. It is not as intrusive as the water tower nearby.
Mr. Branham Would you want one 700 from your house?
Graham Herring I have actually one lattice type tower painted orange and white within sight distance of
my home now. It was painted after the FAA acquired it. It is 1500 in a straight line from my home. There
are towers in rural settings throughout the county here. Surry, Stokes and Forsyth and surrounding
counties that allow these in closer proximity to residences. They are on schools and hospitals throughout
the state.
Dave Pokela Ms. Estrano can you come up? She is the RF engineer for Tmobile and prepared the report
in the packet with regards to coverage maps.
Eduyr Estrano We have 2 towers along the highway and I am trying to connect them to provide
continuity. To avoid dropped calls and provides 911 in the area.
Dave Pokela Her point of 911 is really my final point as it relates to general welfare and safety of this
particular area. The number of calls made to 911 from wireless users is large. 70.3% of these calls are
from cell phones. These could be people out in the field who need to call and cant get back to their
phones. Someone traveling along 601 who needs to call 911. A new feature that is developing is the
ability to contact 911 via texting but the infrastructure must be available. In conclusion with regards to
health, safety, and general welfare one of the most critical features is having those towers out there to
facilitate those 911 calls. Health with RF emissions is not considerable, but just again to remind you these
towers dont put out enough to be considered 1% of the acceptable level. You have the setback and
nothing within the 219 fall zone. There are no safety concerns there. You are enhancing safety with
providing access to 911 is great for general welfare.
Lewis Vannoy of 443 Four Corners Road is sworn in. I am one of the closet neighbors. The waiver is
calling for the property at Bethesda Lane. Thats Ricky Spillmans address. The property and tower is on
Spillman Farm Trail across the creek and next to the power line. I think thats an issue that needs to be
addressed.
Mr. Branham Why?
Lewis Vannoy It adjoins my property immediately to the south where they want to put the tower on
Spillman Farm Trail. There is not even a state access to that tower. It was a farm road with a culvert
through the creek.
Mr. Branham Your property line is how far from the proposed site?
Lewis Vannoy I dont know. I did not have access to the permit.
Mr. Meadwell On your submitted site plan you see its 466 feet to the northern property line. The waiver
is to the residence not the property line.
Lewis Vannoy The waiver Im mentioning to you Mr. Meadwell is about the damage to the intent of the
zoning when I get back to it. The value of my property, which I have multiplied. Ive been here in Davie
County since 1988. I own several properties. Im not a high priced lawyer from Raleigh and Im not a real
estate broker but I know my property value will go down if you let this permit be passed. Its been proven
regardless of what a broker says. You asked (to Mr. Branham) the question of would you want a tower in
your back yard? This tower will be immediately in my back yard and Mr. Clarksons.
Mr. Branham How close to you home?
Lewis Vannoy Less than 700 the way the crow flies. My physical address is 443 Four Corners Road.
Mr. Meadwell That is on the other side of the pond up by the road?
Lewis Vannoy Yes sir.
Mr. Branham It is 466' to the property line. Well according to this is cant be 700 to his residence. I think
its more than 700'. It has to be from this scaled map.
Davie County Board of Adjustment
Monday, November 17, 2014

Lewis Vannoy Im not saying its exactly 700' to the tower but its no where near 1000' to my house. I
have never seen this site plan. Ever. I got one letter in the mail from Mr. Meadwell. All this information
tonight is news to me. At the very least I would ask that you postpone any kind of decision tonight until I
get more facts construed. So I can come back with a better presentation that what we do have.
Mr. Branham You are welcome to appeal any decision we make.
Chairman Frye When did you get your letter?
Lewis Vannoy The letter came to me two weeks ago.
Chairman Frye Did you call Mr Meadwell?
Lewis Vannoy No mam I did not. I have seen no site plans for this property whatsoever. I spoke to Mr.
Graham when he was out on my property and I asked him what he was doing out there.
Dave Pokela When can I object? After all the speakers? I will wait until then.
Dr. Pam Westmoreland Sholar of 249 Mortgage Hill Way is sworn in.
Dr. Sholar I am a medical oncologist and I reside at 249 Mortgage Hill Way with Linda Byrdsong. I use a
cell phone and have not had one minute of problem or dropped calls.
Mr. Branham Are you a TMobile user?
Dr. Sholar No sir. I know better. I did not move here to see a cell phone tower and the change in
property value is debatable. I have been a real estate broker and it depends on what you plan to do with
your property. In the application you want to protect the scenic byways of 601 and 801 but no one is
protecting me. What Linda Byrdsong and I plan to do with the land is to leave our land to the Land Trust
for Central North Carolina as a wildlife preserve and Native American area. I know there were not artifacts
found on that particular piece of property but Pansy and JD Fergus lived in our house that was built in the
1800s and they found pieces and Ms. Brydsong has found pottery on the site. Our farm has seven
springs and the valley has high winds, as a roof was just torn off our barn. Two trees have been hit and
destroyed by lightning. Our house and barn have both been hit within the last year. The weather detail
from Lexington and the conditions on June 28th do not adequately represent this area. There can be
severe weather conditions in that valley. We have a grey horned owl; we have a pair of endangered
brown tail hawks as well as red tailed hawks, several pairs of sharp-shinned hawks and bats on our farm.
In conclusion, the material requirements of the Zoning Ordinance clearly calls for a setback of 1000 from
any house. The people who waived the 1000 setback are family and friends and the friend cant even see
the tower. In the balloon test we are location #4 and we did not allow the photo to be taken from our
property. The photo in the packet was made at the top of the road and there are hay bales and you cant
go down there. There are trees. From the house the tower would be visible through the pastures. Clearly
visible. So, Im asking protection for the neighbors who have waived their rights by adhering to the code.
They addressed the alternative site and the county could have revenue if the tower is placed on the water
tower. I request you deny this waiver of the 1000 setback as required in the Special Use Permit.
Mr. Branham Are you a property owner with Byrdsong?
Dr. Sholar Yes sir. I have been for years. I am on the deed. I am joint owner with Linda Byrdsong. I have
a list here of all the adjoining neighbors and I am on it.
Dave Pokela With respect to Dr. Sholar, she made some references to the artifacts and historical issues.
As part of this process you have to go through the NEPA process that runs parallel with this that
determines if there are any problems with artifacts or historical issues. If there are any then this will get
shut down. I dont think there is any particular concern here as we followed this procedure. The uneasy
and difficult part of appearing in these quasi judicial proceedings is to not be too much of a lawyer but
nevertheless we are creating a record that goes up the Superior Court for appellate review. So, Id like to
place some objections on the record. Mr. Vannoy made some reference to value and giving a lay opinion
with regards to the value is not admissible in these hearings. Dr. Sholar also didnt really give an opinion
about values.
Dr. Sholar No, but I am real estate broker.
Dave Pokela Is this the opportunity to cross examine?
Mr. Meadwell Yes.
Dave Pokela Presently you are an oncologist?
Dr. Sholar Yes.
Dave Pokela When was the last time you served as a real estate broker?
Dr. Sholar A long time ago.
Dave Pokela How long?
Dr. Sholar 30 years
Dave Pokela Where was that?
Dr. Sholar Mooresville and the reason I am here is because Mooresville got overgrown.
Dave Pokela Do you have a current brokers license?
Dr. Sholar Its inactive. It is on the record.
Davie County Board of Adjustment
Monday, November 17, 2014

Dave Pokela I register my objection. This is someone who hasnt performed any particular studies or
review or analysis of this particular value issue here. Someone who hasnt worked in real estate in 30
years and does not have an active license and that constitutes a lay opinion and those are inadmissible
under 160A-393. In addition, the only opinion she gave is that the value is debatable. Thats not an
opinion. The standard here is that is must significant impact value. Just for the sake of formality I
represent those objections.
Mr. Meadwell Mr. Vannoy brought up the statement that his residence was with 1000 of the tower.
Dave Pokela I will address that. Can I ask Ms. Litz some questions?
Amy Litz is sworn in.
Dave Pokela What is your position with the County?
Amy Litz I am the planner in the planning and zoning department.
Dave Pokela Okay, did you and I have conversations about residences within 1000 of the tower?
Amy Litz Yes.
Dave Pokela We had identified four residences within the 1000 setback?
Amy Litz According to your site plan they did not meet the 1000 setback, yes.
Dave Pokela Then you identified one additional home on the parent tract?
Amy Litz Yes
Dave Pokela Because I thought it was on the parent tract it didnt need a waiver but you identified it as
needing one.
Amy Litz Yes, the 151 Spillman Farm Trail home.
Dave Pokela And we provided that waiver?
Amy Litz Yes.
Dave Pokela Are you aware of any other residences within 1000 of the tower?
Amy Litz No.
Dave Pokela May I also call Micah Retzlaff to address this 1000 issue? Was part of your process for this
site to determine the residences within 1000?
Micah Retzlaff Yes sir.
Dave Pokela Did you determine the Vannoy residence was outside the 1000?
Micah Retzlaff We did. Yes sir. We used Davie County GIS and their measuring tool. I know thats not
the end all, be all of accuracy but for the purpose of determining houses within 1000 and we were
comfortable this house was not.
Mr. Latham This gentleman stated the Davie County GIS measuring tool. You do not have a survey with
ground true measurements?
Micah Retzlaff No sir.
Dave Pokela Was that because it was far enough away that it wasnt worth showing?
Micah Retzlaff It was within 10-15% or 1100 then we probably would have called out for a survey but it
was significantly far out.
Mr. Latham The other distances on here are from a ground true survey?
Micah Retzlaff Yes sir.
Dave Pokela The process you go through, there are residences all in area and you dont show those on
the map?
Mr. Latham Do you have a topography map that includes the existing areas and that adjacent pond?
Dave Pokela No. There was nothing in the ordinance requiring that. C-1 does show topography grades
at the tower site.
Mr. Latham For instance what elevation is the Byrdsong house sitting at?
Dave Pokela I dont know our plans show that and theres nothing in the ordinance that requires it be
provided. Are there any other questions?
Mr. Meadwell If there is no one else to speak on the waivers then we will close that portion.
Chairman Frye closes the public comment period.
Mr. Meadwell Just to go back over things, we heard a lot of information. To grant a waiver no such
waiver shall be approved unless the applicant demonstrates by clear and convincing evidence that, if
granted, the waiver will have no significant affect on the health, safety and welfare of the county, its
residents and other service providers. I think from what Mr. Pokela has stated the RF emissions and
there is no impact to other service providers and the effect of those on humans are not permissible as
reviewable item. Safetythey will follow all requirements as established by FCC and FAA. The fall zone
is 219 and there are no homes within that. The FAA determination there is no hazard to air travel. There
was no negative impact to the surrounding properties. There was no negative impact to the development
of surrounding properties. There was no negative impact to the aesthetics of the area. There was no
significant impact to property values. This will address significantly dropped calls and 911 services. A
NEPA process had been performed for the archaeological aspect to the site. In opposition and I think this
is where the board will have to make a decision if this is substantial evidence or not. The statement by Mr.
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Vannoy that it will hurt his property values and that he is closer than 1000' than what is indicated on the
map. I assume he is saying he should have been asked for a waiver or be proven that the waiver doesnt
apply to him. Dr. Sholar stated that the reason for the 1000' is to protect the residents. She has not
experienced any cell phone issues or dropped coverage in the area and the tower would be an impact to
her property in determining values. The previous owners and current have found artifacts on the property
and the balloon test did not properly reflect the site. There are a variety of different birds that occur in the
area and its weather patterns depicted in the balloon test are not accurate to what occurs in the area and
the Tower would visible to the neighbors. She stated the alternative site on the water tower is more ideal
due to revenue for the county. The Boards decision now from cross examination and the applicants
objection about how credible those statements may be due to Dr. Sholars inactive brokers license and
out of practice for 30 years. There was testimony that Mr. Vannoys residence is greater than 1000 from
the proposed tower site. Now back to the Board to decide if you have heard enough evidence to address
the waiver request. If there was clear and convincing evidence that, if granted, the waiver will have no
significant affect on the health, safety and welfare of the county, its residents and other service providers.
To be clear I would like to have two separate votes on this. The first would be for 303 Bodford Lane which
is the Clarkson home.
Ed Vogler. I would like for the record to state who the burden of providing clear and convincing evidence
is on and what type of evidence was submitted. Whether it was clear and convincing.
Mrs. Mace The Clarksons are not here? There is no one here from that residence? They have not given
their consent but they are not here to tell us why. Is that correct?
Mr. Meadwell Yes. It is the duty of the applicant to provide clear and convincing evidence.
Mr. Latham Do we have any receipt about who received letters? Like certified mail to show an attempt to
contact the Clarksons?
Mr. Ricky Lee Spillman I spoke to him personally and so did Micah (Retzlaff).
Chairman Frye Anymore questions?
Mr. Meadwell Now you need to determine which evidence you will make your decisions on. That is
important to state why you chose either what the applicant has given, those in opposition, and what was
determined through cross examination. This is just for the waiver right now.
Chairman Frye Are we are ready to make a decision on the waiver for 303 Bodford Lane?
Mr. Branham In regards to the setback I dont see where any substantial evidence was given adversely
to deny the waiver. It was mostly opinion. We all have an opinion but its not backed up by substantial fact
in my opinion. This is just discussion now.
Mr. Meadwell Its not the responsibility of those in opposition to prove. Has the applicant shown or proved
clearly and concisely that they are not going to adversely affect the health, safety and welfare of the
county, its residents and other service providers?
Mr. Branham In my opinion they have born that burden of proof and demonstrated that these things will
not be adversely affected. Still in discussion. I would be willing to hear from anyone else.
Chairman Frye If not, I will entertain a motion.
Ed Vogler. When you make your motion you need to determine if its temporary or permanent, partial or
complete waiver.
Mr. Branham Okay give me the definitions. I understand what temporary is. Whats a partial?
Ed Vogler Partial is when you waive a certain number of feet.
Mr. Branham Permanent is in perpetuity?
Ed Vogler Yes. Henceforth.
Mr. Branham Okay, I will make a motion that with regards to the setbacks we do grant the request for
a waiver. A permanent waiver based on fact that the waiver will not as proposed will not adversely
affect the health or safety of persons residing or working in the neighborhood of the proposed use;
The use as proposed will not be detrimental to the public welfare or injurious to property or public
improvements in the neighborhood of the proposed use; The use will not substantially injure the value
of adjoining or abutting property; and, The use meets all required conditions and specifications.
Ed Vogler As to 303 Bodford?
Mr. Branham Yes.
Mr. Meadwell And this is based on what was submitted by the applicant?
Mr. Branham Correct.
Chairman Frye I have a motion. Do I have a second?
Mr. Latham I will second.
Mr. Branham made a motion that a permanent waiver to the setbacks as described in 156.18(B)(1)
pertaining to the home located at 303 Bodford Lane be granted. Mr. Latham seconded the motion. The
Board voted five (5) in favor and none opposed to approve.
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Mr. Meadwell Your next waiver to 249 Mortgage Hill Way. Dr. Sholar and Ms. Brydsongs home. It is
shown to be 701 from the base of the tower.
Mr. Branham We are still in setback mode?
Mr. Meadwell Yes sir.
Mr. Carter. It is the same just for two different addresses.
Mr. Branham Again, based on the evidence submitted by the applicant I make a motion we approve the
waiver in perpetuity or permanent. Permanent is the correct term. Based on the fact that the waiver will
not as proposed will not adversely affect the health or safety of persons residing or working in the
neighborhood of the proposed use; The use as proposed will not be detrimental to the public welfare or
injurious to property or public improvements in the neighborhood of the proposed use; The use will not
substantially injure the value of adjoining or abutting property; and, The use meets all required conditions
and specifications. Do I need to add anything else Mr. Vogler?
Chairman Frye I have a motion. Is there a second?
Mrs. Mace I second.
Mr. Branham made a motion that a permanent waiver to the setbacks as described in 156.18(B)(1)
relating to the home located at 249 Mortgage Hill Way be granted. Mrs. Mace seconded the motion. The
Board voted five (5) in favor and none opposed to approve.
Mr. Meadwell This is the point now that two waivers have been approved we can continue to review
the rest of the Special Use request. A lot has already been said. You have heard that Skyway Tower
received their letter from the FAA and there is no hazard to air navigation. They have submitted a
certificate of liability insurance. They have provided justification why they cannot locate on the
Countys existing water tower site. The lease agreement with Mr. Spillman has been submitted. The
Impact Study by Mr. Graham Herring is in your package and that includes Mr. Herrings findings that it
would not be a detriment to the surrounding properties and those values. Also, as required an
archaeological study was completed and included. There was also a review by the NC State Historic
Preservation Office. So as you review this, we have covered a lot of additional material. In order for
the Board of Adjustment to grant the permit you must find: The use as proposed will not adversely
affect the health or safety of persons residing or working in the neighborhood of the proposed use;
The use as proposed will not be detrimental to the public welfare or injurious to property or public
improvements in the neighborhood of the proposed use; The use will not substantially injure the value
of adjoining or abutting property; and, The use meets all required conditions and specifications. So the
location that they have chosen and the distances shown for those setbacks are set. Because you have
granted the waivers those distances shall remain. If there is a change they would have to come back
to you for review. We can go over these draft findings of fact. Any other questions for me? If not this
opens up the public comment period for this tower request.
Dave Pokela Thank you. We have the record set from the waiver hearing. It is the same for this so unless
there are some questions I will be brief. I wont bring up those witnesses to say the same thing again. The
powerpoint presentation already given in support of the waiver is the exact same for the tower. Its many
of the same conditions that you have now already analyzed and voted on. First, the use as proposed will
not affect health and safety of those surrounding owners. You got the fall zone and no residents there.
The RF emissions are not something thats before the board to review but I have anecdotally provided
thats not a risk. Second, the use as proposed will not be detrimental to the public welfare or injurious to
property or public improvements in the neighborhood of the proposed use. In fact, it enhances public
welfare by providing coverage in an area with a demonstrated need. It also provides coverage for 911
which we all heavily rely upon. Third, the use meets all required specifications. We have submitted this to
Mr. Meadwell and Ms. Litz and other than providing consent for the home at 151 Spillman Farm Trail
there is no other indication that we submitted anything that did not meet the requirements of the
Ordinance. I think you will see the package covers all the ordinance requirements. Fourth, the use will not
substantially injure the value of adjoining or abutting property. You got the Impact Statement from our
tendered expert Mr. Graham Herring in the record. I think based on all of that we have competent,
substantial material evidence to support each of those elements and that would be a basis for granting
the permit. I am available for any questions.
Mr. Branham Have you seen the draft findings of facts?
Dave Pokela No.
Ed Vogler Mr. Pokela is requesting the Board incorporate by reference all documents and the testimony
given previously for the waivers to this Special Use request for the tower. Is that correct?
Dave Pokela Yes.
Chairman Frye Anyone else wish to speak in favor? Anyone wish to speak in opposition?
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Lewis Vannoy I dont have these fancy lawyers from Raleigh but I will tell you I have been in Davie
County since 1988 and I have improved the value of my property 6 times. It was a $130,000 and now
worth $600,000 during the 2010 appraisal. You have no evidence before you that Mr. Clarkson was ever
notified about the waivers and about the setbacks. I would like to mention it for the record. You have no
evidence before you that I was ever notified or there was any survey done of the property. By their own
terms they used geo data which can be very inaccurate. As far as transmissions from cell phone towers in
our community, I have been living up there since 1988 and I can call 911 anytime I want to. I got Verizon
and had Yadtel. Cell phone signal is not the best in the world but it works. The water tower site is straight
through the woods on my property and it works great. Davie County could have the revenue from using
the water tower located on Highway 801. There is also a power line, provided by Energy United running
right through there. If this tower falls it will fall directly on that power line and adversely affect the power to
those customers. Its a main line. That was not mentioned in any testimony.
Chairman Frye Do you have anything to prove that power line is there and its a main line?
Lewis Vannoy Certainly. If they had it surveyed and if you had a copy of the survey mam you would see
the power line. It is a main transmission line. It has 7000 volts on it. It is an easement.
Mr. Branham To your knowledge, is it within 219 of the tower?
Lewis Vannoy I have never seen this site plan sir. I cannot answer that question under oath. I would say
its well within 200 just by knowing the community. Again, I will stipulate my property is going to be
adversely affected. Adversely affected. It clearly states in your Zoning Ordinance anyone whose property
is adversely affected. You wouldnt want this cell phone tower in your backyard. 500 or 1000 blinking all
night long. Nobody mentioned the electromagnetic fields. They mentioned RF radio frequency. Radio
frequency doesnt give off potential health hazards but electromagnetic does. It is proven. Its a cancer
causing omitting device. Brazil did a study. You can Google it tonight when you go home and understand
what I am talking about. Theres no possible way this tower going in my backyard wont adversely affect
my property values. I have never had nothing against Ricky and none of his family. Its nothing personal
between me and Mr. Ricky Spillman. This is something that will affect me and Mr. Clarkson and Ms.
Byrdsong who left abruptly. You need to understand what we are doing here. We are bringing someone
from Florida with a $100 million company and some lawyers and brokers from Raleigh and Greensboro to
put up a cell phone tower that affects Davie County residents. They dont live in it. They arent going
home to look at that cell phone tower. I am and every one of my neighbors are. That is all I have to say.
Chairman Frye Thank you.
Dave Pokela I dont need to cross examine but would like to register some objections for the record. With
respect to his lay opinion about values; It is a lay opinion are those are outside the scope of this board
according to General Statutes. Mr. Vannoy made reference to being able to see blinking lights and the
tower will not have a light at the top since its under 200' under FAA regulations.
Mr. Latham What about the power line location?
Dave Pokela Two comments. One, the likelihood of this tower falling is slim to none. These towers are
well constructed so the likelihood of falling is unlikely. Secondly, because I do Duke Energys right of way
enforcement I know that if a power company wants to protect about that they buy more ROW. That is a
property rights issue. I dont know the ROW width here but the tower is outside it. Therefore, Mr. Spillman
can do whatever he wants with his property under what Energy United didnt buy for their easements. So,
its a combination of Mr. Spillmans property rights with the limited area for the easement. The concern
about falling that Mr. Vannoy raised is so unlikely. If it should fall, which is rare and it should fall in that
direction it might be a temporary outage just like in any ice storm and the company is out there like that.
The power would be back on quickly in that rare and unlikely circumstance it did fall.
Mr. Latham Is there a large power line within the fall range?
Micah Retzlaff On your site plan we show the power line. On page C-1 you see where the power lines
run parallel to Spillman Farm Trail back through and service Mr. Spillmans daughter in the mobile home
and will also provide power to our tower site.
Mr. Latham Currently there is no line there?
Micah Retzlaff Oh no. It is there.
Mr. Meadwell You are saying this is residential line serving that home?
Micah Retzlaff Its the commercial line we are getting our service from. I cant say its residential but I
assume the houses are on it.
Mr. Carter Does the line not end right past the tower?
Lewis Vannoy No sir. The line continues across Bethesda Lane across the address 443 Four Corner
Road and dead ends almost to Yadkin County.
Micah Retzlaff But I think youre correct it does stop on Spillmans property. So if it falls it would knock
our power off.
Mr. Carter But no one beyond that?
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Micah Retzlaff I dont think so. That power would come from somewhere upstream from us. This is the
terminating site.
Mr. Carter It doesnt go any further than this cell phone tower?
Micah Retzlaff Yes sir thats correct.
Lewis Vannoy I object to that. There are multiple houses mine included. Where you are proposing to put
the tower, if it fell would knock out my power and multiple neighbors including the Spillmans.
Mr. Branham (to Micah Retzlaff) Can you approach please?
Micah Retzlaff Yes, on this site plan we have drawn this is the last pole right there. Then the pole line
goes back this way and links up with
Mr. Branham Mr. Vannoys land is here. He is saying it links up here.
Micah Retzlaff Yeah no. I dont
Ed Vogler. For the record you may want to put an X there and enter the map into the record.
Dave Pokela In conclusion of this point, we have a line that terminates and the concern that Mr. Vannoy
is raising is not a concern
Lewis Vannoy Is that a lay mans opinion?
Mr. Meadwell Mr. Vannoy you will have a chance to cross examine.
Lewis Vannoy Well I have been labeled a lay man.
Mr. Meadwell I understand but be patient.
Dave Pokela Again, we are taking about the incredibly unlikely event this does fall and it does fall in the
direction of that line. You will have crews dispatched to fix any results due to a fall presumably within that
day. We have an issue that we are chasing as it relates the four qualifiers is not an issue that is relevant
or weighs heavily at all.
Lewis Vannoy How many people in my neighborhood are on life support?
Dave Pokela I dont know the answer to that question.
Lewis Vannoy Because you live in Greensboro right?
Dave Pokela Sure.
Lewis Vannoy Ladies and gentlemen, we have several elderly people in my community who are on life
support or kidney dialysis machines. If we lose power for one day as he mentioned then those people die.
They die.
Chairman Frye Do you have proof of that?
Mr. Branham What do they do in an ice storm when the power goes out for 3-4 days?
Lewis Vannoy In an ice storm the power is usually back on in a couple of hours. Its normally never any
more than a transformer trip. Thats all that is. When a tree falls on a transmissions line and it pushes it to
a ground and sparks the transformer to shut off.
Mr. Branham That has not been my experience with ice storms here.
Lewis Vannoy In a lot of cases, the resident will lose power but the main line, the main transmission line
is what we are talking about here. That has 7000 volts running on it right through my property across the
creek.
Mr. Carter (to Mr. Vannoy) Show me where this power line ends. (To Mr. Meadwell) Can I have him
approach?
Mr. Meadwell Yes. You will have to share with the entire board.
Mr. Carter I am still having a hard time understanding this. The power line is ending here. It shows on our
map right here. Right here is the location of the tower. Here is your property (Mr. Vannoy).
Lewis Vannoy The power line is not depicted on this map. It crosses the creek and also crosses Four
Corners Road. Pull it up on GeoData right now. If I had my cell phone I would show you. This could be a
detriment to many people. Not only health concerns but a detriment. If you are on life support and you
use lose power for a day.
Mr. Latham This is the aerial photograph in our packet. Is that what you are referencing to? Where the
power line comes right straight through here?
Lewis Vannoy Yes sir. Right across the creek and all the way across the road. Four Corners Road. They
testified that it ends here.
Mr. Carter How many people are you telling me lives from the site this way?
Lewis Vannoy Honestly I cant tell you how many people live there but I know there are at least 10 more
families beyond me on that power line. I know because I checked on many of them during the last ice
storm when we were without power.
Mr. Branham Well you have just made my point.
Lewis Vannoy I dont know if thats a good thing or a bad thing.
Chairman Frye Thank you
Mr. Meadwell I dont think theres anything in the ordinance requiring a setback to a utility line. Its for
property lines, street right of ways and residences.
Mr. Carter So in other words, we arent to be swayed by where the power line is to the tower?
Davie County Board of Adjustment
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Mr. Meadwell Its not a requirement. Its a consideration.

Ed Vogler Thats not to say it wouldnt be injurious to the public.
Mr. Meadwell Right. It could. So I guess thats discussion to the Board. Or to the applicant, if there is an
encroachment to an easement how are those typically addressed? It looks like the tower itself is 65-70
out of it based on a rough scale on your site plan. Is that correct?
Lewis Vannoy Actually that line doesnt go across his property. It cuts across our creek and on our
property.
Mr. Meadwell So in that situation, what would Energy Uniteds position be? Would they grant an
encroachment?
Dave Pokela They have the right to say whether they would grant an encroachment or not. They only
look at the easement width. A 7,000 volt line for Duke Energy probably would be at most an easement of
50' wide. For Duke Energy a 44,000 volt line for Duke is 68 wide and 100,000 volt line is 68 wide.
Something at 7,000 volts would be at most 50. They only control within that 50'. So I think we are talking
about an area thats beyond what the Energy United can control. There are plenty of these types of cell
towers that are close to power lines. A lot of municipalities, a lot of counties, and a lot jurisdictions want to
put utilities close to each other. You try to cluster them somewhat. This is not unusual. I think with the
standards you have does it significantly impact the welfare of the public? Is it injurious? It has to be
significant. Again we are talking about a risk that is so unlikely. Its difficult to me to reach a conclusion
that is a significant impact. The unlikelihood is incredibly remote.
Lewis Vannoy Is that a lay mans opinion? I am just curious because you are not an expert on Energy
United.
Chairman Frye He is the witness for the applicant.
Lewis Vannoy I understand but we dont have all the facts before us tonight.
Chairman Frye You had two weeks notice. You should have called Mr. Meadwell.
Mr. Meadwell There is no required setback to a power line or power line easement. In the Boards
consideration, is there enough of an impact or reason to believe there would be an impact if the tower
were to fail? You have heard testimony from Mr. Pokela that these are very rare occurrences.
Dave Pokela Correct and Mr. Herring who has been in this industry forever can back that up.
Chairman Frye Do you have any documents that say there are 10 people out there who are on oxygen?
Lewis Vannoy No mam I do not. I have no documentation with me tonight but I will on the next level.
Chairman Frye Okay. Thank you.
Lewis Vannoy Thank you.
Mr. Meadwell Are we done with the hearing? If so, do you want to close the hearing?
Chairman Frye We are now closing the public hearing. It is now closed.
Mr. Meadwell Again, the evidence that was submitted for the waiver is applicable to the overall permit.
You have heard Mr. Vannoys testimony that there was no evidence that his property is greater than
1000 feet.; there was no evidence the Clarksons were contacted; the tower will affect the power
transmission lines; that its within the 219 fall zone of the power line; this his property would be adversely
affected; and the electromagnetic field will have an effect on those in the surrounding area. You heard the
applicant, Mr. Pokela say again the objection that Mr. Vannoy is a lay person providing testimony on facts
as it relates to property values. He again stated that these type emissions are not under your review.
They are all under the review of the FAA or FCC and their requirements. He also stated there would be
no blinking lights as it will not reach the 200 height requirement. So I think we can now look at the draft
findings of facts if the board doesnt need any more discussion?
Chairman Frye Any questions? Go ahead.
Mr. Meadwell describes the draft findings of fact.
1. The property is owned by Ricky Lee Spillman.
2. The existing property is a tract of land 36.41 acres in size, located at 246 Bethesda Lane and is
presently zoned Residential-Agricultural located in northwestern Davie County in an area
comprised generally of single-family housing and open/agricultural lands.
3. The property is presently occupied by a single family home (246 Bethesda Lane), three single
wide manufactured homes (272 & 270 Bethesda Lane and 151 Spillman Farm Trail) and 4
accessory structures.
4. Telecommunications Facilities are allowed in the R-A zoning district with the approval of a Special
Use Permit.

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5. The Application as presented was complete, and due notice was given of the hearings in this
matter.
6. The telecommunication tower meets the required setbacks as stated in 156.18(A).
7. According to 156.18 (A) 1, the tower is located closer than 1000 feet to a single family home
excluding the property owner and the applicant has request a waiver of this setback according to
156.50.
I will add to findings of fact #33 and 34 the Board granted the waiver to the 1000 setbacks to the
residence at 303 Bodford Lane as well as a w waiver was granted to the 1000 setback to the
residence at 249 Mortgage Hill Way
8. The applicant submitted a site justification letter that outlines FCC compliance in a letter dated
August 27, 2014 as required in 156.12.
9. The applicant submitted a site survey dated December 13, 2013 showing the property and
proposed 30 access and utility easement and 100x100 lease area.
10. A memorandum of insurance was included with the application as required in 156.29.
11. A memorandum of agreement between the applicant and property owner dated November 7,
2013 was submitted.
12. The required balloon test as stated in 156.11(W) was performed on June 28, 2014 and the
applicant submitted photo documentation.
13. The applicant has stated that the tower will be constructed and operated in accordance with all
applicable local, state, and federal laws.
14. The applicant has stated that the tower will meet all applicable Federal Communications
Commission and Federal Aviation Administration rules and guidelines.
15. The applicant has submitted a written copy of analysis dated January 21, 2014 showing
determination the tower does not require lighting under FAA regulations as stated in 156.11(X).
16. The applicant acknowledges that if the tower is not used for a period of 6 months or more it shall
be removed by the owner within 90 days of notification.
17. The applicant states its acceptance of full financial responsibility for the removal of the tower if it
does not meet the Countys requirements for use or maintenance.
18. According to 156.11 (U), a pre-application meeting was held June 5, 2014.
19. As stated in 156.11 (F) 1, a topographic and geomorphologic study and analysis was completed
in January 2014 and submitted as part of the application.
20. The applicant certifies its agreement to the Davie County Zoning Ordinance and is willing to
permit other users to co-locate on the tower with equipment that does not interfere with the
primary purpose of the tower.
21. T-Mobile has stated in a report dated August 27, 2014 their completed search of the area within a
1 mile radius of the tower and within this 1 mile radius there is an existing tower sites, existing
building or structures such as water towers, co-location sites or similar structures located at 4178
NC Hwy 801 N. They have submitted justification why this water tower location is not suitable for
their needs.
22. According the 155.15 (B), the applicant has stated in a letter dated July 31, 2014 that the tower
shall be constructed of galvanized steel or painted per applicable standards of the FAA or other
applicable federal or state agency.
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23. There is no other municipality located adjacent or in close proximity as described in 156.11
(R)(2).
24. In the Impact Statement prepared by Graham Herring Commercial Real Estate dated July 22,
2014, the applicant states the planned facility is generally compatible with the areas existing and
proposed uses, and developed as proposed it will have no substantial negative impact on existing
or planned development of the surrounding properties
25. In the Impact Statement dated July 22, 2014, the applicant states that generally wireless
telecommunication tower facilities do not have an inherently deleterious effect on surrounding
properties.
26. The Impact Statement dated July 22, 2014 states that the nature of this location, with its
separation from the residential arterials located to the north, east and south of the proposed site,
the unimproved areas and mixed use nearby, heavily wooded areas, and topography is such that
the proposed development will not create any significant aesthetic effects on the scenic roadways
or other unique natural features.
27. The Impact Statement dated July 22, 2014 states that the telecommunications facility, built as
planned, will have no detrimental or injurious effect on the property values of surrounding
neighborhood or other improved or unimproved properties in the general vicinity.
For your findings tonight you need to determine if:
28. The structure and/or locations will/will not adversely affect the health or safety of persons
residing or working in the neighborhood of the proposed use and will/will not be detrimental to
the public welfare or injurious to property or public improvements in the neighborhood.
29. The use will not/will substantially injure the value of adjoining or abutting property
30. The use meets all required conditions and specifications.
31. If the specified conditions addressed in the special use permit are violated, the permit shall be
revoked and the use will no longer be allowed. Only by reapplying to the Board of Adjustment for
another special use permit and receiving their approval can the use be again permitted
32. The development of the property shall proceed in conformity with all plans and design features
submitted as part of the Special Use Permit application and kept on file by the Davie County
Development Services Department.
Staff Recommendation: If the Board of Adjustment finds that the telecommunications facility as proposed
meets the spirit, intent, and purposes of the Zoning Ordinance(which are "to promote the public health,
safety, morals, and general welfare of the county; promote the orderly development of the area; lessen
congestion on the roads and streets; secure safety from fire, panic, and other dangers; provide adequate
light and air; prevent the overcrowding of land; avoid undue concentration of population; and facilitate the
adequate provision of transportation, water, sewerage, schools, parks and other public requirements"),
Staff would recommend the following conditions(as well as any other conditions found necessary by the
Board to meet the standards of the ordinance):
1. Board finds the application of Skyway Tower to locate a telecommunication facility on property
located at 246 Bethesda Lane Mocksville, NC 27028 Davie County Tax Map B300000044 for a
Special Use Permit meets the general standards contained in the Zoning Ordinance.
I would state one other condition if it pleases the Board. The possibility of obtaining verification there is no
encroachment to the power line easement. Or there is not an issue as it relates to the transmission line?
There is nothing in our Ordinance that regulates that. Our conditions must be those that would address
those that reasonably impact those properties and/or the infrastructure. That would a consideration for the
Board. The problem with that is if there is an issue then the applicant would have to come back in and
make a change to his application. He may not possibly be able to meet that condition as outlined in your
order. Just to address that issue, we have had a lengthy conversation about that one aspect of the
transmission line. Thats up to the Board to add as a condition. It would have to be agreed upon by the
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applicant. I dont even know if is possible to gain access to that type encroachment. Even if there isnt
one. I dont know what the power line utility would say.
Ed Vogler That would be left up the Board and power company if they wanted to sign off on that.
Mr. Meadwell Right.
Chairman Frye Do you have something to say? (to Mr. Pokela)
Dave Pokela No. I didnt know if you were asking if we were okay with that condition.
Mr. Meadwell I dont know if its even obtainable but we have had considerable discussion about this. It
needs to be at least discussed before the Board.
Mr. Branham In my opinion, the likelihood of tower falling and again falling in that direction of that power
line is so remote. To me, a greater danger to the loss of power is an ice storm as we have all experienced
3-4 days without power in an ice storm. Again, the fact that is an accessible location and I agree with the
applicant that in the remote event the tower should fall on the power line then the power company has
immediate access to repair and would immediately be out there. I see less danger than a typical ice storm
and dont see that as an issue.
Chairman Frye Any more discussion? Seeing none, are we ready to make a motion?
Mr. Branham I make a motion the we grant the Special Use Permit for the tower that includesDo I
need to stipulate those approved waivers?
Mr. Meadwell Those would be draft finding of fact #33 and 34.
Mr. Branham Okay. Based on the 34 Draft Findings of Fact and the testimony heard tonight that we
grant the permit that the structure and/or locations will not as proposed will not adversely affect the health
or safety of persons residing or working in the neighborhood of the proposed use; The use as proposed
will not be detrimental to the public welfare or injurious to property or public improvements in the
neighborhood of the proposed use; The use will not substantially injure the value of adjoining or abutting
property; and, The use meets all required conditions and specifications. If the specified conditions
addressed in the special use permit are violated, the permit shall be revoked and the use will no longer be
allowed. Only by reapplying to the Board of Adjustment for another special use permit and receiving their
approval can the use be again permitted. That is my motion
Chairman Frye Do we have a second?
Mr. Carter I will second.
Mr. Branham made a motion that the special use permit be granted. Mr. Carter seconded the motion.
The Board voted five (5) in favor and none) opposed to approve.
Board to find the application of Skyway Tower to locate a telecommunication facility on property
located at 246 Bethesda Lane Mocksville, NC 27028 Davie County Tax Map B300000044 for a
Special Use Permit meets the general standards contained in the Zoning Ordinance.

OLD OR NEW BUSINESS

1. The Board received their 2015 meeting schedule.
2. The Board elected officers.
Mrs. Mace made a motion to elect Mr. Michael Branham as chairman. Mr. Carter seconded the motion.
The Board voted (4) in favor and none opposed to Mr. Branham as chairman.
Mr. Carter made a motion to elect Mrs. Linda Mace as vice chairman. Mr. Latham seconded the motion.
The Board voted four (4) in favor and none opposed to Mrs. Mace as vice chairman.

ADJOURNMENT
Mrs. Mace made a motion to adjourn. Mr. Branham seconded the motion. The Board voted five (5) in
favor and none opposed to adjourn.

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