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Notification of Zoning Hearing Examiner's Decision

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COUNTY COUNCIL OF HARFORD COUNTY, MARYLAND RICHARD C. SLUTZKY MIKE PERRONE, JR. CHAD R. SHRODES President District A District D JOSEPH M. WOODS PATRICK S. VINCENTI District B District E JAMES V. “CAPT’N JIM” McMAHAN CURTIS L. BEULAH District C District F NOTIFICATION OF ZONING HEARING EXAMINER’S DECISION DATE OF DECISION: May 3, 2016 HEARING EXAMINER: Robert F. Kahoe, Jr. RE: Zoning Appeal Case No. 5862 APPLICANTS: Chesapeake Broadcasting Corporation and Delmarva Broadcasting Company LOCATION: 1605 Level Road, Havre de Grace REQUEST: Extension andlor enlargement of a non-conforming radio tower in the RI Urban Residential District Enclosed is an official copy of the Hearing Examiner’s decision relative to the above referenced case. The Hearing Examiner’s decision shall become final MAY 23, 2016. This decision shall be considered a recommended opinion to the Harford County Council, sitting as The Board of Appeals, if a written request for Final Argument before the Harford County Council is filed by the close of business on above date by the Applicant, Applicant’s Attorney, Opponents, People’s Counsel, or a person aggrieved who was a party to the proceedings before the Hearing Examiner. In addition, any Board Member, upon written notice to the Council Administrator, may request final argument. COUNTY COUNCIL OF HARFORD COUNTY f/I p Mylia A. Dixon Council Administrator Enclosure cc: ApplicantlAttorney; People’s Counsel; Department of Planning and Zoning 212 SOUTH BOND STREET • BEL AIR, MARYLAND 21014 • 410-638-3343 • 410-879-2000 • FAX 410-893-4972 www.HarfordCountyCounciI.com “An Equal Opportunity Employer” APPLICANTS: BEFORE THE Chesapeake Broadcasting Corporation and Delmarva Broadcasting Company ZONING HEARING EXAMINER REQUEST: Extension and/or enlargement FOR HARFORD COUNTY of a non-conforming radio tower in the Ri Urban Residential District BOARD OF APPEALS HEARING DATE: February 17, 2016 Case No. 5862 ZONING HEARING EXAMINER’S DECISION APPLICANT: Chesapeake Broadcasting, Inc. CO- APPLICANT: Delmarva Broadcasting Company LOCATION: 1605 Level Road, Havre de Grace Tax Map: 44/ Grid: 2E / Parcel: 23 Sixth (6th) Election District ZONING: Ri / Urban Residential REQUEST: Extension and/or enlargement of non-conforming use and structures, pursuant to Section 267-2 1 of the Harford County Code, and a ruling/determination that guy wires and anchors are not subject to yard or setback requirements of Section 267-23 and 267-55B(1) and, if necessary, a variance pursuant to Section 267-55B(l) Table 55-1, of the Harford County Code, from any and all applicable setback and yard requirements in the Ri District. TESTIMONY AND EVIDENCE OF RECORD: The subject parcel is approximately 10 acres in size, located on Maryland Route 155 (Level Road) just outside the limits of the City of Havre de Grace. The parcel has approximately 130 feet of frontage on Level Road, with the bulk of the property being a relatively rectangular sized area beginning approximately 500 feet back from Level Road. Within the 130 foot wide frontage of the property is located an office building. To the rear, and within the remainder of the property, are located three broadcasting antennas and associated outbuildings. The parcel adjoins the Vulcan quarry, and is virtually surrounded by Vulcan owned property. The Applicant seeks to replace its existing 257 foot non-conforming broadcast tower with a new tower having a height of 467 feet. In addition to exceeding the height of the existing non conforming tower, the new tower will require new anchors and guy wires to be located within applicable setbacks. The Applicant requests expansion of the non-conforming use to increase the height of the tower and either an interpretation or a variance that it may install anchors and guy wires within those setbacks. Case No. 5862 — Chesapeake Broadcastingg InciDelmarva Broadcasting Co. For the Applicant first testified Christopher Pate, who identified himself as a member of the Board of Directors of Chesapeake Broadcasting. The company was originally founded in 1948 to operate a radio station (WASH), and later began operating a second station (WHDG FM). Mr. Pate’s family owns the majority of the stock of Chesapeake Broadcasting, which has since divested itself of the broadcasting business but continues to own the subject property. The Co-Applicant Delmarva Broadcasting Company now operates the stations and is a tenant of Chesapeake Broadcasting. Delmarva has a contract to purchase the subject property, contingent upon receiving approval to construct the proposed tower. Next for the Applicant testified Robert Bloom, General Manager, Delmarva Broadcasting. Mr. Bloom explained that WXCY Radio is the ‘number one’ rated country music station in Harford and Cecil counties and New Castle, Delaware, which approximately represent its coverage area. The station is also required to run public service announcements. The station primarily broadcasts from the tower at the Havre de Grace Community Center. However, other users are also on that tower and WXCY must power down or switch its signal to the tower on the subject property during maintenance operations by any user. Because of its lower height, broadcasting from the tower on the subject property results in a loss of coverage. Approximately once each month a change in tower is required. Next testified Linda Plummer, a manager at the Harford County Department of Emergency Services (HCES). Ms. Plummer stated that HCES has a strong working relationship with WXCY, which broadcasts emergency information and announcements upon request by HCES. No other resources are available in this area which have the capacity of WXCY. HCES relies upon the radio station to get emergency information out to the public. Increasing the reach of the tower will be beneficial to Harford County. For the Applicant next testified Jeff Twilley, Director of Technical Services for Steinman Communications. Mr. Twilley has more than 25 years of experience in the broadcast engineering field, including design, build and maintenance activities. He is familiar with the subject property and the operations taking place there. For the most part, stated Mr. Twilley, the Delmarva Broadcasting Company utilizes the taller communications tower located at the Havre de Grace Community Center. When shutdowns of the Community Center tower are mandated, however, a crew must report to the site from Mr. Twilley’s Wilmington office in order to accomplish the shutdown and transfer operations to the subject property. Mr. Twilley described the proposed tower as triangular in design with three anchors. It will be unpainted, and similar in appearance to the towers which now exist on site. The proposed tower will not give the radio station the ability to increase its coverage area, although it will provide the station with the ability to service the coverage area which it now reaches from the Community Center tower. This chief benefit to be derived from the proposed tower is that the station will be able to consistently broadcast to its approved coverage area. Federal Aviation Administration approval has been obtained for the proposed tower. Other permits are necessary and are pending. The witness sees no problem in obtaining all other necessary approvals. 2 Case No. 5862 — Chesapeake Broadcasting. Inc.[Delmarva Broadcasting Co. Mr. Twilley stated that ‘from a structural and economic point of view’ it would be very hard to build a 457 foot tower and observe existing zoning setbacks. The anchors supporting the existing tower will be abandoned, left onsite and not disturbed. Those anchors are essentially buried concrete blocks. Mr. Twilley stated that the tower will cost approximately $250,000. He is aware of no objections received from any neighbor or other party. The anchors of the new tower are proposed to be approximately within 40 feet of the property lines. Mr. Twilley concluded that the tower as proposed cannot be built unless the requested setback variances are granted. Next, the Applicant testified Quentin Ellis, who identified himself as Director of Business Development for United States Tower Service, Ltd. Mr. Ellis has been employed in the communication tower business since 1974. His business erects and maintains communication towers. He was not involved in the design of the tower under discussion this case, although he is and has been retained by the Applicant. The witness stated that it will take approximately two days to remove the existing tower using a mobile crane. Erection of the new tower will utilize a crane up to about the 200 feet height, and with the higher portion of the tower erected by use of a gin pole. All safety regulations and controls will be observed during the construction process. Next for the Applicant testified Sudhirk Khanna, a radio frequency engineer and a principal in Khanna & Guill, Inc., Consulting Engineers. Mr. Khanna is familiar with the proposed tower, and is an expert on radio frequency transmissions. He understands and is familiar with the coverage area of the proposed tower and its potential broadcasting strength. He understands that essentially the same coverage will be provided by the proposed tower as the Applicant now enjoys from the tower at the community center. Mr. Khanna stated that transmissions from the tower will be fully compliant with all FCC regulations. Next for the Applicant testified Joseph Cronyn, senior managing director of Valbridge Property AdvisorslLipman Frizzell & Mitchell. Mr. Cronyn was offered and accepted as an expert on impact of communication towers on neighborhoods, including property values. Mr. Cronyn is familiar with the site, and with the proposal now before the Board. Mr. Cronyn found nothing about the proposed tower which would adversely affect the surrounding properties. The tower will not generate noise, traffic congestion, nor have any observable impact on the neighbors and the neighboring properties. In order to check this initial finding, Mr. Cronyn determined actual sales values of the properties surrounding similar towers. After determining the sales histories of properties in neighborhoods affected by towers similar to the proposed tower, Mr.
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