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HomeMy WebLinkAbout2.0 Staff Report 07.11.2005Exhibits for Public Hearing continued from June 13, 2005 to July 11, 2005 Exhibit Letter (A to Z) `Exhibit. A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application E Staff Memorandum F Letter from the City of Glenwood Springs dated April 19, 2004 i--1 G New Packet of information dated 6/28/05 from Applicant New Packet from Don and Christine Lynch received 7/11/05 i -S4,a ery n ge /gf-yri(., / di c: w fiha"1 r) 1t, r'pn 04 ✓t U At 1, /17frv I j (41 IA* 7P" ()Li 7. 11-(A/t4, 3 L•rin 44. 64'4 !?27- 11-A/1-11/ !' (�v -� / f14a pivy 45 /. 4" fr- 1. At 1- .dw,, 51'01). kW') ) I.- C13-.0 kip ("bm•- 2 , eld-h-,-.4 BOCC 07/11/05 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for a "Communications Facility" (continued public hearing from 6/13/05) PROPERTY OWNER John E. Colby APPLICANT Verizon Wireless LOCATION ST1'h DATA ACCESS 2552 South State Highway 82 EXISTING ZONING Commercial General (CG) On top of "Colorado West Upholstery" building in South Glenwood Springs 0.23 acres (10,018 sq. ft.) I. REQUEST The Applicant requests a Special Use Permit for a "Telecommunications Facility" which is contemplated as a Special Use in the Commercial General zone district and defined in Section 2.02.155 of the Zoning Resolution of 1978 as the following: A noninhabitable structure supporting antennas and microwave dishes that sends and/or receives radio frequency signals, including television and date impulses through space by means of electromagnetic waves. Communication facilities include structures or towers, and 1 accessory building, not including individual/personal direct -to -home satellite services. II. DESCRIPTION OF THE PROPOSAL Verizon Wireless requests a Special Use Permit for a Telecommunications Facility to provide coverage in an area of Glenwood Springs that has week service. Specifically, in order to provide better wireless coverage to this weak area located between 23rd Street to the north in Glenwood Springs and just past Red Canyon Road (CR 115) to the south, the Applicant proposes to construct a screened set of 12 wireless panel antennas on the roof top of the Colorado West Upholstery building located at the south end of Glenwood Springs on Highway 82 and across from the Rose Bud Cemetery. The mechanical equipment for the antennas will be housed within a 240 sq. ft. portion of the existing building. The rooftop of the building maintains a height of 15'/s feet. The antennas will be located inside two screened areas on each end of the building with a height of approximately 5 feet. As a result, the maximum height for the newly constructed screened areas containing the panel antennas would achieve a maximum height of 20' 8". The Board open and continued the public hearing on the matter so that the Applicant could respond to health and safety concerns related to the electromagnetic radiation emissions that were raised by adjacent neighbors (The Lynches). The Applicant provided new information regarding their concerns which are specifically addressed below. III. NEW INFORMATION The Applicant provided new information under cover of a memorandum dated 6/28/05 (attached hereto as Exhibit G) which is primarily intended to demonstrate that the proposed direction of the antennas will direct the electromagnetic radiation emissions so that they will not adversely affect the adjacent property to the north (the Lynch property). The packet of information specifically includes an analysis of the antennas on the Lynch Property conducted by Atecs which ultimately states that the emissions levels at the residence will be 1/30`h of the FCC's General Public MPE limit. In addition, the analysis points out that with the "stealth" screens and proper placement of RF signage as mitigation, the site would be compliant with the FCC Guidelines for human exposure to radiofrequency electromagnetic fields. Staff notes however, during the original public hearing, the Applicant discussed the possibility of installing "shielding panels" in the screening component so that they would serve as added deflection of any electromagnetic frequency emissions from being directed towards the Lynch property. This was not discussed as mitigation in the new information provided by the Applicant. As such, Staff would urge the Board to inquire about this possibility of shielding panels. Staff also notes Section 5.03.13 of the Zoning Resolution of 1978, as amended, speaks directly to this issue and requires that "all facilities shall comply with the radio frequency emission requirements of the Federal Communications Commission (FCC) and any facility in compliance cannot be denied." IV. STAFF RECOMMENDATION Staff finds that the proposed facility appears to be compliant with the rules of the FCC and recommends the Board of County Commissioners APPROVE the request for a Special Use Permit for a "Communications Facility" for a property owned by John E. Colby for Verizon Wireless with the following conditions: iv 1. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall obtain the appropriate building permits from the County Building and Planning Department. 3. All facilities shall comply with the radio frequency emission requirements of the Federal Communications Commission (FCC). 4. The Applicant shall paint the proposed fiberglass screening surrounding the antennas to match the color of the portion of the building on which they are located. In addition, the Applicant shall install a roof feature at the same color as the screen to cover (fully enclose) the antennas that has a roof pitch to match that of the building. 5. The proposed generator to be housed inside the existing building (west end) shall comply with the state statute regarding emission of noise. 6. No antennas of any kind will be directed directly at the neighboring property to the North known as the Lynch Property. 7. Because the immediate vicinity of the roof -top antennas will exceed the Occupational and General Population/ Uncontrolled limits set by the FCC, the Applicant shall restrict access to the areas immediately surrounding the antennas as well as installing RF caution signs on the screening panels of the antennas to make workers on the roof aware of the antennas. 8. The Applicant shall conduct an analysis of thetic frequency emissions of the actual antennas after they have been constructed and provide the results of this analysis to the County and the Lynch family that shall demonstrate that the emissions comply with the FCC rules and regulations as well as the predicted emissions levels proposed by the Atecs report. This information shall be provided within 60 days of the Board's conditional approval of the Communications Facility. L1A\' — J 3 Verizon Wireless 3131 S Vaughn Way, Suite 550 JUL 0 1 2005 Aurora, CO 80014 GARFIELD COUNTY BUILDING & PLANNING Garfield County — Special Use Permit — 6/28/05 Verizon Wireless — Rooftop CMRS Facility — Colorado West Upholstery UPDATE INFORMATION FOR JULY 1 1th BOCC HEARING EXHIBIT /verign REC '; VED We never stop nor;' INTRODUCTION At our June 13th Board of County Commissioners hearing our application for a new "Communications Facility" was continued for 30 days. It was our understanding that the continuance resulted from electromagnetic radiation emission concerns that were raised by the adjacent property owners (Don & Christine Lynch) with regard to the proposed screened rooftop facility at 2552 South State Highway 82 in Glenwood Springs. All other components of the application, we understand, are acceptable for approval. It was also our understanding that Verizon Wireless was asked to work with the Lynch's in hopes of addressing their concerns by conducting an emissions study to determine how much, if any measurable amount of electromagnetic radiation would be detectable on their property (2554 South State Highway 82) as a result of the installation and operation of the proposed rooftop "Communications Facility". This report has been provided to better explain the design of the proposed facility, the anticipated emission levels and comparison of these levels to other "common" household appliances or other "common" electronic devises that emit electromagnetic radiation, and our full compliance with mandatory Federal Communications Commission (FCC) regulations/requirements. ISSUES As noted above the primary issue that was raised at the last hearing related to the potential adverse affects that the proposed "Communications Facility" may have on Christine Lynch. Verizon Wireless has provided the following facts assembled from the FCC, our own emissions study conducted by an independent Colorado licensed radio frequency engineer, and supporting case law justifying our position with respect to electromagnetic radiation. Without having access to Mrs. Lynch's medical records and knowing the extent of her sensitivity to electromagnetic radiation, the information reflected in this report will demonstrate that the proposed "Communications Facility" will have no greater impact, and possibly less, than most commonly found household electronic devises. Further, this report and the information contained within will demonstrate our compliance with all County Regulations found within the Zoning Resolution for approval of a "Communications Facility" and the FCC rules and regulations with respect to emission levels and human health and safety. It is also the understanding of Verizon Wireless that there are no other concerns or issues relating to the proposed "Communications Facility" and that the facility has been designed (including the recommended conditions of approval as outlined in the staff report dated 6/13/05) in an appropriate manner and is located within an appropriate zone district. FACTS OF PROPOSED SITE Verizon Wireless phone customers have complained of dropped phone calls or a lack of adequate service along State Highway 82 in the southern area of Glenwood Springs. Our objective with the proposed "Communications Facility" is to provide the traveling public, residents, visitors, and business owners of Glenwood Springs and Garfield County with seamless phone coverage. DEN — Valley View, Alt. 5, Page 1 Colorado West Upholstery \ - veriznwireiess We never stop uorkzng for you.:" Verizon Wireless 3131 S Vaughn Way, Suite 550 Aurora, CO 80014 In order to ensure adequate coverage in this area, Verizon Wireless has proposed the installation of a new fully screened rooftop "Communications Facility". By providing this coverage, we would also be complying with statutory requirements as mandated by the FCC for both coverage and E-911 compliance. As depicted in the plan set, Verizon Wireless is proposing the placement of eight (8) panel antennas on the roof of Colorado West Upholstery located at 2552 State Highway 82 in Glenwood Springs. All eight (8) antennas will be mounted on the roof of the commercial building and shall be fully screened from view (all sides and top). The screen enclosures will be painted to match the building giving the impression that these structures are part of the building. Half of the antennas will be positioned on the roof towards north bound lanes of State Highway 82 and downtown Glenwood Springs (azimuth of 330 degrees) while the other half will be positioned towards south bound lanes of State Highway 82 towards Carbondale (azimuth of 160 degrees). Absolutely no antennas will be positioned directed towards the Lynch's property. •_n,,..o f • • a r• ` \ PARTIAL ert! PLAN s it en 111 ED The antennas that Verizon Wireless plans to use at this site are panel or directional style antennas. Unlike omni -directional or whip style antennas, panel antennas direct the signal towards whichever direction they are facing (similar to light emitted from a flashlight). Very minimal energy is emitted from the sides or the rear faces of panel style antennas. "For sector -type antennas RF levels to the side and in back of these antennas are insignificant." - OET Bulletin 56, FCC. Therefore, this will further ensure that only minimal amounts, if any, of electromagnetic radiation will be present at the Lynch's property line. DEN — Valley View, Alt. 5, Colorado West Upholstery Page 2 �./� V@rijgnwireless We never stop workmng for you." Verizon Wireless 3131 S Vaughn Way, Suite 550 Aurora, CO 80014 It should also be noted that Verizon Wireless' PCS digital technology operates at extremely low power, making it critical that the optimal site location be found. The chart bellows compares the emissions expected from a typical Verizon Wireless site to that of a microwave oven and cordless phone. O Limits of Radio Frequency Power from Appliances and Cellular Equipment (a s,, 50,0% - 0 a -iv 45.0% - d C 40.0% - tI ,0 35,0% -- 33% E 30.0% - J A, 25% 0 • 25.0% - 0 Cr m 20.0% — i. u. o 15.0% - 'v` ea 0: 10.0% -- 0 U u. 5.0% - 3.1% 00.064% 1.3% 0.7% 0.2% C 0.0% '03 a) II L.{Np of a pc yc c 0 i 7 Y ., � � �{ .� �. N n�+ N '�i y�1 0�1 1C .i� 0 a.N ut N E N .Y 4 N t Ol V Q',' Ol U 2 o- � W m .Y o °- o m a w L. ~5 g .s 6 g >d3 Euo E' -U E °C) p E$ FEDERAL COMMUNICATIONS COMMISSION (FCC) INFORMATION Facilities licensed and authorized by the FCC must either comply with the guidelines or else an applicant must file an Environmental Assessment with the FCC. In the case of the proposed facility, all guidelines shall be complied with regarding emissions. "As with all forms of electromagnetic energy, the power decreases rapidly as one moves away from the antenna. Therefore, RF exposure on the ground is much less than exposure very close to the antenna and in the path of the transmitted radio signal. In fact, ground -level exposure from such antennas is typically thousands of times less than the exposure levels recommended as safe by expert organizations. So exposure to nearby residents would be well within safety margins." — Cell Phone Facts, Consumer Information on Wireless Phones, Information Provided by the FDA and FCC. DEN — Valley View, Alt. 5, Page 3 Colorado West Upholstery `/'PVer mflwireless We never stop work;ng for you." Verizon Wireless 3131 S Vaughn Way, Suite 550 Aurora, CO 80014 "The signal from a cellular or PCS base station antenna is essentially directed toward the horizon in a relatively narrow pattern in the vertical plane." "Consequently, normal ground -level exposure is much Tess than exposures that might be encountered if one were very close to the antenna and in its main transmitted beam." — Questions and Answers about Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields, OET Bulletin 56, FCC. Given the proposed antennas are located on the roof of the Colorado West Upholstery building and enclosed within a screen wall, close proximity and direct access to the antennas is therefore limited preventing the general public from entering areas of which may experience higher emission levels. "Measurements made near typical cellular and PCS installations, especially those with tower -mounted antennas, have shown that ground -level power densities are well below limits recommended by RF/microwave safety standards." — Questions and Answers about Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields, OET Bulletin 56, FCC. The same can be true of building -mounted antennas as well or any other attachment that public access to the antennas is restricted and above ground level. It is for these reasons that the FCC regulates RF emissions, and by Federal law, State and local regulation is preempted: "No state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." — See 47 U.S.C. § 332(c)(7)(B)(iv) INDEPENDENT EMISSIONS STUDY FOR PROPOSED SITE For purposes of addressing the emissions concerns raised by Mr, and Mrs. Lynch, Verizion Wireless hired an outside radio frequency consultant for the sole purpose of evaluating the anticipated emissions levels that could be expected if this facility were constructed with special attention given to the emission levels on the Lynch's property. This report has been attached for reference. "The results of this analysis suggest that there are areas generally around the antennas mounted on the roof top that exceed both the Occupational and General Population/Uncontrolled limits set by FCC OET Bulletin 65. However, if the site is constructed and implemented as outlined in this report, the site will be compliant with FCC OET Bulletin 65. In additional to restricting access to the antennas, it is recommended that RF caution signs be posted on the outside of the antenna screens to make workers on the roof aware of the antennas as an added precaution." This report confirms that the facility constructed and implemented as suggested by the independent report provided by Atecs, the anticipated levels of emissions on the Lynch's property will be very minimal and well below the required maximum limits deemed safe for public exposure (See page 10 of attached report). SUPPORTING CASE LAW Over the years there has been extensive case law that prevents "Communication Facilities" from being denied by local jurisdictions based solely on RF emissions. The following are examples of such case law based upon the FCC regulations and requirements regarding emissions. [United States District Court, S.D. New York. NEXTEL OF NEW YORK, INC., d/b/a Nextel Communications, Plaintiff v. CITY OF MOUNT VERNON, et al. defendants No. 03 CIV.7175(SCR).] DEN — Valley View, Alt. 5, Page 4 Colorado West Upholstery Verimll wireless We never stop working for you. Verizon Wireless 3131 S Vaughn Way, Suite 550 Aurora, CO 80014 3. A freestanding telecommunication facility, including antennas, shall not exceed the maximum structure height in the applicable zone district unless an exception is approved by the Board based on the applicant demonstrating the following: (A97-60) (a) Use of existing land forms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built natural environment. Not applicable, a freestanding facility is not proposed. (b) Design, materials and colors of antennas and their support structures, shall be compatible with the surrounding environment, and monopole support structures shall taper from the base to the tip. Not applicable, a freestanding facility is not proposed. (c) It is consistent with existing communication facilities on the same site. Not applicable, a freestanding facility is not proposed. Review Criteria for Special Use PermitsSection 5.03 Review Standards): 5.03 CONDITIONAL AND SPECIAL USES As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed there under and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97- 60). The proposed "Communicafions Facility" does not require water or sanitation service and the existing services to the site are sufficient for the current use of the property. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe! convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. The proposed Communications Facility" will not generate a significant volume of traffic. Typically, only one or two visits a month are required for such uses and the existing street improvements are more than adequate to accommodate the traffic for the "Communications Facility". (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas access points lighting and signs in such a manner as to protect established neighborhood character. The proposed "Communications Facility" has been designed in such a way that visual impacts are minimized through the use of a building mounted design versus a new freestanding facility. Therefore the proposed design shall protect the character of the established mixed use neighborhood. Therefore as demonstrated above, the proposed "Communications Facility" shall either meet or exceed all regulations and requirements as defined in the Garfield County Zoning Resolution that pertain to the establishment of new "Communication Facilities". It should also be noted that the proposed facility meets all the requirements of the underlying zone district and shall not require a variance or waiver from any code requirement. SUMMARY As evidenced by the information detailed above as well as the attached documentation, the proposed Verizon Wireless site shall operate within "safe" limits as determined and governed by the Federal Communications Commission. Verizon Wireless as well as all other licensed carriers are required to comply with guidelines regarding the operation of such facilities within safe emission limits. So long as the site operates within these established guidelines, then pursuant to Federal law which preempts state or local regulation in this circumstance, no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC regulations concerning such emissions — See 47 U.S.C. § 332(c)(9)(B)(iv). DEN — Valley View, Alt. 5, Page 6 Colorado West Upholstery verizenwireress We never stop workrng for you.' Verizon Wireless 3131 S Vaughn Way, Suite 550 Aurora, CO 80014 Verizon Wireless has also demonstrated its application's compliance to all County Zoning Resolution regulations and requirements regarding the approval of Special Use Permits and "Communication Facilities". Therefore, Verizon Wireless respectfully requests the approval of its Special Use application by the Garfield County Board of County Commissioners. Again, it should be noted that there are numerous Verizon Wireless subscribers living, working, and traveling through this area who depend on adequate wireless coverage not only for personal use but also for businesses to keep in contact with their employees and customers. Ensuring adequate coverage in residential and rural areas is also becoming a significant priority for many carriers as more and more people are using their wireless phones as their primary means for communication and will be achieved with this proposed facility. This is further evidenced with the growing trend of residents discontinuing their land line based telephone service for wireless service and will continue to become more of a concern in residential areas now that Local Number Portability (LNP) is in place. There is also a significant safety factor involved in having this service in this area especially for E-911 capabilities in both the urban and rural areas. Brad Johnson Site Acquisition Consultant / Zoning Manager Consultant for Verizon Wireless cc: Diana Feathers, Real Estate Manager Mountain Region Jane Johnson, Analyst-Regulatory/RE Mark Williams, Cage Williams Ableman & Layden David Kennard, Senior RF Engineer Don & Christine Lynch DEN — Valley View, Alt. 5, Page 7 Colorado West Upholstery MASON & MORSE REAL ESTATE July 8m 2005 Mr. and Mrs. Don Lynch 602 Cowdin Drive Glenwood Spgs., Co 8160f RE: PROPOSED CELLULAR TRANSMISSION TOWERS ON COLORADO WEST UPHOLSTERY BUILDING, 2552 HWY 82, GLENWOOD SPGS., COLORADO AND ITS RAMIFICATIONS TO YOUR RENTAL PROPERTY LOCATED AT 2554 HWY 82, GLENWOOD SPGS., CO. Dear Christine and. Don: ,JV EXHIBIT a a 4- J have managed the upstairs of your duplex rental identified above for 18 years and the most attractive feature to prospective tenants is the view of Mt. Sopris! That always overrides the unattractive features of highway noise and the view of the upholstery shop roof. Your gross rent is already discounted due to these unattractive features. I can only guess as to what someone would be willing to pay if the Sopris view is changed. Will there be "hazard" or "warning" signs posted also? Will there be noise from the power supply Unfortunately, the only way to know your rental or, property value loss is after the toNvers are in place. Needless to say, existence of a cell tower in close proximity to your rental property must be disclosed to a]] prospective tenants or purchasers. As a Realtor I cannot advise nor sway a client with an opinion pertaining to health concerns. I would advise any clients to seek information from a professional in the field of electromagnetic radiation. A disclosure would be added to the lease. I predict most prospects will have major objections and a few might not give a second thought. It will take longer to fill a vacancy. I realize you are on a fixed retirement. If the cell towers are built, your income will decrease .• cannot predict by how much. I'm sorry. Sincerely, Sharon Stephenson Broker / Property Manager cc: Garfield County Commissioners, John Martin, Larry Mc Cown, Tersi Houpt 0290 HIGHWAY 133 CARBONDALE, COLORADO 81623 (970) 963-3300 FACSIMILE: (970) 963-0879 CRG Design -Designs for Living P.O. Box 113 • Carbondale, CO 81623 • (970) 963-0437 7/8/05 Dear County Commissioners — Glenwood Springs residents, Don and Christine Lynch, have asked me to provide you with information regarding the Verizon Cellular antenna installation on the Colorado West Upholstery building. I have included in this package information regarding the health, and property value concerns related to the installations of telecommunications systems. I am available to provide more extensive information and answer your questions to the best of my abilities. Thank you for taking the time to review this information. Cedar Rose Guelberth CRG Design — Designs For Living FROM : FAX NO. : July 8th, 2005 Garfield County Commissioners 108 8th St. # 213 Glenwood Springs, Co 81601 Jun. 15 2004 06:16AM P1 John Martin I own the home at 2558 Hwy 82. There is a conditional use application to put antennas on top of the Colorado West Upholstery shop building. I am very opposed to this happening for the following reasons. The antennas would be pointing directly at my home, the view would be destroyed and the home value of my property would dramatically decrease. The health Issues from the radiation from the antennas would cause great concern, I currently rent the home out and depend on the income to live on. I believe I could not rent the home because of the radiation from the antennas. I would ask you to not approve this permit, Sincerely, aiinnet, Norma R. Hughes �. V LA") Vcvi 1 5 41 -Aid- `-'�ci,tr,Lt ew-At` Qx`n o ti,cyc •�� QL3, L -LA. ooAsv CoVo . \\%34 t3Lo� `'N,Z8 ectdc QkX\ .S3AcC_.\\ v.)t fl 0 \st31/4_ Lts,._\\-asixActo "M.. QUN \ iia . us k Ccs. c o a ., c o,\\_F_k_N t �S� � \ V Mt `_'\,\S L C kkANc . t \\\ \\IcA nc citta-.\rkcli,b��l (` \Al `\ \t - <. a \\1 S Qc\t ' V\ 1 S� �A.._\ `N Z "^=N 1)\ `a e J w\ MNcx-_tt\\ Dir* \ c,,.s,.\ ti - ..-C>• I. Vi' �A. 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C\ - \Voss � s�*W\-) `\--ma4 k �� • ‘\N%a c.‘ \\ . %RTh \'nkSrA % , 0 _ -ft\ 1 >V t Sa \eCi-.. %%)._L\ rM 3� o\"t c � St cam.. `C--\ .k3ts c± L_M3; CA\cic),k yi\s z%tet s - S e ti Crock � 13,55.,\k (\co \ C SST m \ ���c. A>3 ct\stu\Vyk ()L\ July 8, 2005 To County Commissioner — `%%? v From Chris Lynch I am writing to you regarding the Verizon project on the Colorado Upholstery Building. We own the home at 2554 Highway 82. I am sorry my letter will be a little lengthy, but I ask you to please read it all so you will understand my concerns. I shared with you at the June 13th meeting the great concern I have for my health because of my sensitivity to electromagnetic waves, etc.. and my husband and I or I myself may decide to move to that home where our daughter now lives as she could be of help to us. I said my husband hid health problems and I did not want to share those then as I realized the meeting was televised, however, I feel you should know why I am concerned I may have to move there. He is diabetic, he has prostate cancer, took radiation and the cancer has come back. He is taking lupron shots which is the final treatment they can give. He has had 4 total hip replacements and is suppose to have his knee replaced this fall. Two days after the June 13th meeting he fell and broke his hip. While he was in the hospital they found his blood platelet count was over 1 million (normal is 150-450) and now they told us he could have a stroke any time with the platelets being so high as it causes blood clots. The Drs. Now feel he has a low grade of leukemia. The first 2 weeks after the meeting I spent time at the hospital, taking him to Drs. Appointments, etc. I have only had the last 2 weeks to concentrate on getting the letters from my Drs. I talked with Dr. Clifford Keen here in Glenwood and he said he would be happy to write the letter you requested. I called to pick up the letter this week and his answering machine said he had to leave town for a family emergency. I could not get that letter from him. Regarding my health - - The electromagnetic waves, radio waves, etc. reallyleffect my cen ervous I have pressure at the base of my head and in my neck. My muscles get very tight and I fee ery weak then plus other systems, headaches sometimes, etc. There are times my body has even felt like it is vibrating. I have glaucoma and I am losing my vision especially in my right eye. My Ophthalmologist had me see someone in Px. before I left to try to help balance my system. He feels that could help my glaucoma. Electromagnetic fields put stress on my body. I use the speaker phone on the regular phone so as not to hold the receiver near my head as it causes such pressure in my eyes. I called to get a letter from him and found out he is in Central America teaching and won't be home until next week. Our daughter Jamie has lived in this house for 25 yrs. And she wants to continue to live there. I am concerned about the effects the antennas could have on her health with them being so close. It will be only 22 ft. from the building t to her patio and 32 ft. to her house. The roof is only 6' 3" high. That is put up some barriers of some kind to try to keep the radiation away. They would have to be taller and larger. This already blocks her view of Sopris and if it went higher it would be like living in an alley. These antennas we feel will bring down the value of our property and also the loss of our view. We rent out the upstairs and we depend on the income now to go with our social security . I feel the house would be hard to rent or even to sell with people concern of health problems related to the radiation from the antennas. If you were looking for a home for your family would you really want to buy or rent our home or would you buy somewhere else. My husband is 77 and I am 72 and with our health problems it would be hard for us to work again. I know Verizon probably needs more antenna stations and they want to give better service, but I also feel they can find a place away from a residential area. It may cost them more money as they may have to buy land, build a building and maybe build a road to get to it, but they can make their station look nice there too so they won't be an eye sore. You don't know how sorry I am that I do have this health problem, but I do try every day to avoid as many electromagnetic fields that I can in my daily life. I am always searching to see if I can find something or somebody that can help me with this problem I see different doctors for help and I have spent thousand of dollars. I do get some relief from the treatments, but they are also searching for me for any new treatments. I try to make the right choices to stay away from electromagnetic waves, but I feel so concerned as I can not make this choice. It is up to you. As citizens, we voted for you and we put our trust in you that you will look out for what is best for us. You are representing us and not Verizon. I ask you to please look at this from our viewpoint, as if this was your house, your neighborhood and your health. Your decision will be very important to me as it will definitely make a difference in my health and my income. PLEASE give this some serious thought so we will not have to give up our home. Verizon can move somewhere else, but we can not move our home. Thank you so much for taking time to read this letter. Sincerely, Chris Lynch UK.. HtKHI'I Otri ri.., 7-6-05 RR: Lynch, Chris r*At40U 414114 JUI AORAM BER,PHYSIOAN M.D., Ltd. HOMEOPATHIC5011 NORTH GRANITE REEF ROAD SCOTTSDALE, ARIZONA 85250 (48oi941.2141 iVVJ ♦/ a.. To Whom It May Concern, Chris Lynch _has been under my care since March of 1992. Chris is extremely sensitive to electromagnetic waves and suffers severe symptoms when exposed. It would be detrimental to her hese lth and the progress we have made thus far. If you have any questions please feel free to contact me at the number above. Very Truly Yours, ca ---1'( Abram Ber, M.D. Homeopathic Physician /v In FOAM : Panasorlic• FAX SYSTEM PHONE NO. : ..U1.{fi0 cxWJ t)1.1JI II I NOBLE HEALTHCARE Re: Our Patient Lynch, Christine Date of first visit March 4, 2005 Dear Sir/Madame, Dr. Japan E. Czuplicki Chiropractic' Physician June 29, 2005 The above listed patient presented herself to our office on the above listed date, for evaluation and treatment of her symptomology. Mrs. Chris Lynch reported the following symptoms that have effective her health oondition for many years. Subjectively the above listed patient complained of blurred vision, Light sensitivity of the eyes, headaches, headaches due to environmental stress, irritability, nervous excitement, lack of memory. random pains throughout the body. random superficialpains in the extremities, and back pain. The above symptoms were reported to the intermittent and aggravated by curtain environmental factors. This includes cell phone usage, vicinity of electrical power lints, radio wave powers,, microwave ovens, tianstbrmer pull units, household incoming electrical power source, and electromagnetic radiation from computers, televisions, etc. Examination and evaluation of the above listed patient was centered on evaluation of the central nervous system and sensory nerve involvement. Surface cicotro-dermal diagnostic evaluation was performed, along with sensory nerve evaluation, and peripheral nerve sensitivity Wartenberg testing. Diagnostic evaluation led to the diagnosis of: 1. Sensory neurological hypersensitivity. 2. Peripheral neurological deficit. 3. Central Nervous System neuralgic hyper excitability The above listed diagnosis pertains to the above Ilsted patient's hypersensitivity to environmental electromagnetic components. A course of treatment was undertaken to diminish central nervous system hyperactivity, and sensory neuralgic hypersensitivity. 1010 Eat Monowetl and, Suite 204 Phoenix, Arizona 850061 602 307 09001 Pax 602 294 23961 noblehcejuno.com FROM : Panasonic FAX SYSTEM PHONE NO. : Jul. 06 2005 01:14PM P4 NOBLE HEALTHCARE Dr. Jayson L. Czaplicki Chiropractic physician Alter a (mune of treatment of approximately duce months, die above listed patient's symptomology was moderately reduced. Recommendations for continued care were suggested, The above listed patient was also asked to closely monitor and refrain from close proximity to environmental electromagnetic sources Distance and time exposure were discussed and emphasized. Prognosis as of her last visit, S/23/03, was listed as tbir to guarded. A guarded prognosis was given due to the nature other highly sensitive environmental electromagnetic neurological condition. A strict distance must be maintained from all sources of electromagnetic eminent, until her condition can be stabilized. The patient is asked to contact the American Environmental Association for mandated parameters of electromagnetic expususc. Wv suggested to the cation( to cullt4CL the environmental protection agency and review guidelines regarding neurological conditions associated with environmental electromagnetic exposure. This was suggested for personal education and preosutiontuy guidelines. Wo hope that this information will be beneficial in protecting the healthcare of the above listed patient, Sincerely, Dr. Jayson E. Czaplicki 1010 East McDowell Road, Suite 204 Phoenix. Arizona 05006 1 602-307-09001 Fax 602.2944-2396 1 noblehc%juno.com . POM : Panasonic FAX SYSTEM PHONE NO. : Sul. 06 2005 01:13PN P2 NOBLE HEALTHCARE To Whom It May Con era: Dr. Jayson E. Czaplicki Chiropractic Physician I would like to apologize for the letter that was sent to you without a signature. Or, Czaplicki had to suddenly leave town on a family emergency. lie had written by hand and lett me a copy to type for him on the computer. Before I had finished typing the teasel:he had to leave town and was unable to sign it, if you need us to send you another copy with a signature included, please contact our office at your earliest convenience, Although it may take a couple of weeks hctbrc the doctor returns. we can get a signed copy to you upon his return. If you have any further questions or concemr, please feel free to contact our office. Sincerely, AI cia Espinoza, Office Saorctary 1010 East McDowell Road, Suite 204 Phoenix, Arizona 85000 1002.307.0900 I Tax 602-294-23901 noblehc@juno.com July 5,2005 To: Garfield County Commisioners =72)i -1N rqAZTsN From: Don Lynch In the last paragraph of the letter that Verizon Wireless included with the pack sent to the commissioners for the July 11 hearing ,Verizon Wireless stated that more and more residents are discontinuing their land based telephone service for wireless service. More and more antennas will be required to handle all the new cell phones coming on line in the near future. If this site is approved for Verizon Wireless it will be only the beginning of other companies installing their antennas on the roof. Verizon Wireless stated that they would conform to the FCC rules and regulations for their antennas. The FCC rules were arrived at for normal healthy persons, they do not include persons that are highly allergic to magnetic radiation. t We bought this property behind the upholstery building over 20 years ago as an Investment and for a home for our daughter, Jamie. We have a beautiful view of Mt. Sopris and the valley and the mountains. If these five foot antennas are installed, they will be only a few feet above our drive way and Jamie's porch where she sits and almost directly on line with our renters porch.We are very concerned about the effects the radiation would have on her health. The screens that Verizon Wireless intends installing to hide the large boxes and antennas with the Radiation Hazzard Signs will block Jamieg view of Mt. Sopris. My wife and I are retired, I am 77years old and my wife is 72 and we have to live on a fixed income. The rental home above Jamie's apartment is a large part of our 2 income. If these antennas with the Radiation Hazzard Signs are permitted to be installed on the roof so close to their home, our present renters and any future renters would be very uncomfortable living there, and it would be very difficult to rent the house and our income would be greatly affected. My wife is highly allergic to any magnetic radiation and if in the future she would like to live in this house she would not be able to because of the radiation from the antennas. Inclosing, perhaps each of you would put yourselves in our circumstances. This will be a very important decision you will make for us. Thank you, 47 USCA s 332 Page 1 of 1 (7) Preservation of local zoning authority (A) General authority (r) Except as provided in this paragraph, nothing in this chapter shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. (B) Limitations (i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof -- (I) shall not unreasonably discriminate among providers of functionally equivalent services; and (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. (ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request. (iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing andsupported by substantial evidence contained in a written record. (iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. (v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief. (C) Definitions For purposes of this paragraph -- (i) the term "personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; (ii) the term "personal wireless service facilities" means facilities for the provision of personal wireless services; and (iii) the term "unlicensed wireless service" means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct -to -home satellite services (as defined in section 303(v) of this title). A- i -11- useA 5. l,3z C41y http://web2. westlaw.com/result/documenttext. aspx?rs=WLW 5.06&service=Find&fcl=False... 7/8/2005 entity (including the owner of such pole, duct, conduit, or right-of-way).'. SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STANDARDS. (a) NATIONAL WIRELESS TELECOMMUNICATIONS SITING POLICY- Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph: '(7) PRESERVATION OF LOCAL ZONING AUTHORITY- '(A) GENERAL AUTHORITY- Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. '(B) LIMITATIONS- '(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof-- '(I) shall not unreasonably discriminate among providers of functionally equivalent services; and '(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. '(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request. '(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. '(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. '(v) Any person adversely affected by any fmal action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief. (C) DEFINITIONS- For purposes of this paragraph -- '(i) the term 'personal wireless services' means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; '(ii) the term 'personal wireless service facilities' means facilities for the provision of personal wireless services; and (iii) the term 'unlicensed wireless service' means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct -to -home satellite services (as defined in section 303(v)).'. (b) RADIO FREQUENCY EMISSIONS- Within 180 days after the enactment of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the environmental effects of radio frequency emissions. (c) AVAILABILITY OF PROPERTY- Within 180 days of the enactment of this Act, the President or his designee shall prescribe procedures by which Federal departments and agencies may make available on a fair, reasonable, and nondiscriminatory basis, property, rights-of-way, and easements under their control for the placement of new telecommunications services that are dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission or reception of such services. These procedures may establish a presumption that requests for the use of property, rights-of-way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department or agency's mission, or the current or planned use of the property, rights-of-way, and easements in question. Reasonable fees may be charged to providers of such telecommunications services for use of property, rights-of-way, and easements. The Commission shall provide technical support to States to encourage them to make property, rights-of-way, and easements under their jurisdiction available for such purposes. SEC. 705. MOBILE SERVICES DIRECT ACCESS TO LONG DISTANCE CARRIERS. Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end Mountain Valley Developmental Services 02- Serving Eagle, Garfield, Lake and Pitkin Counties lie 4/4 51L - July 5, 2005 Garfield County Commissioners Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 Dear Commissioners: For many years, Mountain Valley has operated a group home for people with developmental disabilities at 2556 Hwy 82, Glenwood Springs. This home serves as the permanent residence of 4 people and also the daily workplace for several of our staff. I have recently been advised of an application to place a microwave tower very close to this residence and am concerned about potential adverse impacts that could result from living and working in close proximity to such a device. I would appreciate it if you would defer approval of the request for this tower pending confirmation that regular exposure to the emitted radiation will not pose a risk to the health of the individuals that we serve or our employees. Thank you for your consideration of our concerns. Sincerely, Bruce Christensen Executive Director P.O. Box >38 • (Inwood Springs, ColoraJi X16002 • (970) 945-2306 • Fax: (970) 945-6469 email: info@mtnvallcy.org • website: hrrp://www.mtnvalley.org