BEFORE THE BOARD OF APPEALS OF QUEEN ANNE'S COUNTY In the matter of Application by Case No. BOA-24-08-0191 Arcola Towers, LLC * Lessee ofland owned by Grasonville Station, LLC * For conditional use & variance * FINAL DECISION OF THE BOARD I. Introduction The Queen Anne's County Board of Appeals (the "Board") held a meeting on January 15, 2025 at 5:00 p.m. to consider Case No. BOA-24-08-0191 for conditional use approval to construct a 90-foot-tall telecommunications facility (monopole) and associated equipment within a 2,400 sq. ft. compound located at 115 Pullman Crossing, Grasonville, in the 5th Election District, and is located in the Urban Commercial (UC) Zoning District (the "Property"). The Applicant also seeks to reduce the telecommunication required setbacks. The application was filed by Arcola Towers, LLC, Lessee ofland owned by Grasonville Station, LLC (hereinafter the "Applicant"). The Board members present were Chairman, Howard A. Dean, Vice-Chairman, Craig W. McGinnes, and Member, Michael Lesniowski. At the beginning of the hearing, the Board established that all requirements were met governing the filing ofthe conditional use application, and proper notice was given of the January 15, 2025 public hearing. Board Chairman, Howard Dean, administered the oath to all who wished to testify on the application, including the Applicant. II. Applicant's Request The Applicant is seeking conditional-use approval under the provisions of $18:1-22(C).(9) and $18:1-95(B) of the Code of Public Local Laws of Queen Anne's County (the "Code"), to construct a 90-foot-tall elecommunications facility (monopole) and associated equipment within a 2,400 sq. ft. equipment compound and reduced setbacks from the tower to the property line pursuant to $ 18:1-95.B(6)6)5la). Arcola Towers, LLC Conditional Use - Telecommunications Tower p.2 III. Applicable Provisions of the Code A. $18:1-94 - General Use Standards To approve the conditional use, the Board must find: 1. The proposed use at the proposed location shall be consistent with the general purpose, goals, objectives, and standards of the Comprehensive Plan, this Chapter 18:1, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the County. 2. The proposed use at the proposed location will not result in a substantial or undue adverse impacts on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare. 3. The proposed use at the proposed location will be adequately served by, and will not impose an undue burden on, any ofthe required improvements referred to in this Chapter 18:1, Part 7. Where any such improvements, facilities, utilities, or services are not available or adequate to service the proposed use at the proposed location, the applicant shall, as part ofthe application and as a condition ofa approval of the conditional use, be responsible for establishing ability, willingness, and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with the Comprehensive Plan, this Chapter 18:1, and other plans, programs, maps, and ordinances adopted by the County. B. $18:1-95B.(6) - Specific Use Criteria for Telecommunication tower The Applicant must demonstrate the following specific criteria to the Board prior to approval of an application for a new elecommunications tower: 1. Collocation is not a reasonably feasible alternative to the proposed eleommunications tower, according to the following criteria: a. An evaluation of all buildings and/or other tall structures within the area was executed. There were no existing towers, buildings, or transmission towers within the search area that were tall enough, structurally capable, or properly spaced from surrounding existing sites to meet the coverage objectives. b. AT&T evaluated towers at 201 Tower Run, 5630 Main Street, 180 Gardner's Purchase, in addition to proposed towers at Prospect Bay and near the Queenstown outlets. AT&T either already has equipment located on these towers and/or they are too far apart to address coverage gaps. 2. That each ofthe following location, design and landscaping standards has been met. Arcola Towers, LLC Conditional Use - Telecommunications Tower p. 3 a. llumination. Lighting will not be required by the FAA b. Signage. Only signage required by the FCC will be placed on the facility. C. Sites of significant public interest. Telecommunications facilities shall not unreasonably interfere with the view of, or from, sites of significant public interest, such as a public park, a state-designated scenic road, or a state-designated historic site. d. Building height. No building has been proposed. e. Setbacks. i. The monopole is setback more than 55' from the nearest property line. The Applicant requests reduced tower setbaçks. ii. The Applicant has provided report from Camile Shabshab, licensed engineer with Entrex Communications Services, dated September 17, 2024, confirming that the design and technology utilized in the construction of this tower will not generate a fall radius greater than 45'. ii. The Board of Appeals may reduce facility setbacks to no less than % the height of the tower plus 10', thus the Board could reduce the setback to a maximum of 55' from the tower. iv. [b] This is a monopole (as opposed to a guy or lattice structure) structure with the closest residential structure approximately 136.5' from the proposed tower. f. Future collocations. AT&T is proposed as the anchor tenant at 85', with future carrier tenant space located at 75',6 65', and 55'. g. Tower color. Telecommunications towers shall be gray or a color that minimizes visibility, unless the FCC or the FAA requires a different color. The tower is proposed to be galvanized steel and grey in color. h. Camouflaging. Due to the location within a commercial area, no camouflaging is proposed. The minimal tower height, and surrounding topography and vegetation will significantly reduce visual impact. Landscaping. Plant materials should be used to improve site aesthetics by buffering the base of the towers and telecommunications equipment buildings. Security fencing should be attractive and ofhigh-quality material. Arcola Towers, LLC Conditional Use - Telecommunications Tower p.4 i. Security fence. The Applicant is proposing to surround the 40' X 60' compound with an 8 vinyl fence with (1) one gate secured by multi-tenant security locks. j. Telecommunications equipment buildings. No buildings are proposed. Equipment cabinets and racks are to be utilized and will be behind compound fencing. C. $ 18:1-123.B. Requires the Board to make the following additional findings to approve a conditional use: 1. The conditions concerning that conditional use as detailed in this Chapter 18:1 exist; 2. The conditional use conforms to the Comprehensive Plan; and 3. The conditional use is compatible with the existing neighborhood. Last, pursuant to Maryland Annotated Code, Land Use Article $1-303, the Board must include in its evaluation of the Comprehensive Plan, pursuant to the above-cited section, certain consistency findings. The Board's approval of a conditional use must further, and not be contrary to, the following items in the Queen Anne's County Comprehensive Plan: Policies; Timing oft the implementation of the plan; Timing of development; Timing of rezoning; Development patterns; Land uses; and Densities or intensities. IV. Property Description and Department of Planning & Zoning Recommendations Doug Summers, County Planner with the Department ofPlanning & Zoning, presented his staff report. He testified that the Applicant is seeking conditional use approval to construct a elecommunications facility, and a variance to reduce the required setbacks from the property lines. Specifically, the Applicant is proposing to construct a 40 X 60 ft. equipment compound to include a 90' tall monopole structure. He stated the Applicant is also seeking reduced tower setbacks from the property line pursuant to the Code. He indicated the property is in the southwestern portion of the County, in Grasonville, on the south side ofUS 50/Rt. 301,just southwest ofthe Chester River Beach overpass. He more specifically identified the Property as Tax Map 58H, Parcel 58, Lot 6, located at 115 Pullman Crossing Rd., across from the 7-11 convenience store. He stated the site is currently developed with a multi-tenant office building. Arcola Towers, LLC Conditional Use - Telecommunications Tower p. 5 Mr. Summers testified that the property is zoned UC, with a portion being in Critical Area. Mr. Summers stated the lease area is entirely within the Critical Area with an IDA designation. He stated that there are hydric soils on site, but there are no non-tidal wetlands, streams, steep slopes, floodplain or sensitive endangered speciate on site. He testified that there are two (2) trees that the Applicant proposes to be removed for access. He stated that to address the tree removal, storm water management mitigation requirements, and site screening, the Applicant proposes to plant 19 evergreen trees around the lease area. Mr. Summers indicated that ingress/egress to the site will be via an access easement off the exiting parking lot out to Pullman Crossing, and a utility easement will be created with citing based on access and setback requirements. With respect to the variance request, Mr. Summers testified that the Code permits the BOA to grant a reduction ofthe facility setback to no less than % the height of the proposed tower plus 10 feet upon a showing by the Applicant that the proposed tower is structurally engineered in such amanner that a reduced fall zone is adequate by providing an engineer letter, which the Applicant has provided. He indicated that a 55' setback is the max reduction that could be granted by the Board and the Applicant is seeking a reduced setback of 59.5' to the nearest property line. Mr. Summers testified AT&T has signed a letter of intent and there is room for 3 future tenants. The Applicant proposes no lighting or signage except what is required by the FCC. He stated that there is to be landscape screening The Applicant proposes an 8' vinyl fence and multi- tenant lock for security. He testified that all required studies and documents required by the Code have been received. He stated that the Applicant did their balloon test and the tower was visible by 4 of the 15 sites selected for photos. Mr. Summers indicated that the Department of Public Works noted storm water management will need to be further addressed at permit review time; however, no other comments have been noted by any reviewing agency regarding the conditional use request. He testified that the project as proposed is consistent with the 2022 County Comprehensive Plan, specifically as it relates to increasing broadband technology in rural areas, County telecommunication and infrastructure improvements, and accommodating growth to attract high tech jobs in addition to preserving rural landscapes with adequate screening and setbacks. Arcola Towers, LLC Conditional Use - Telecommunications Tower p. 6 Mr. Summers concluded by stating that staff would support the BOA in granting the conditional use as requested by the Applicant to include a reduced property line setback, with those conditions as identified in the staff report. V. Applicant's Presentation Doug Sampson, attorney on behalf of the Applicant, presented the Applicant's case. He stated the Applicant has reviewed the conditions in the staff report and they are acceptable. He stressed that the area has a specific need for increased cellular coverage and located along the 50/301 corridor. He stated that the top tenant fort the site is AT&T, which has the exclusive contract for a program called "first net" created by the 9-11 commission, to ensure dedicated bandwidth to first responders, sO that they will always have the ability to communicate, and this project will bring that to the area. He indicated the site being proposed is heavily commercial in nature. Mr. Sampson pointed out to the Board that the building on the property is located 55-60' from the tower, and will be outside of the "fall zone" ifthe reduçed setbacks are approved. In response to a question by Chairman Dean, Ryan Fultz, senior development director for Arcola Towers, testified that the break-point technology will create the tower to fall in on itselfin the event ofcatastrophe. VI. Testimony from the Public After the Applicant presented their case, Chairman Dean asked if any members of the public wished to testify. Catherine Gustafson, the adjacent property owner of Parcel 161 (4045 Main Street), testified regarding concerns of whether the project was crossing into her property. Ryan Fultz testified in response, to indicate that the property had been surveyed, and the project would not be crossing onto her property, and the project will be staked out SO that she can see the area of construction before they begin. Mr. Fultz further indicated that Ms. Gustafson's property is not located within the fall zone, and the easements located near her property would be used for power in the event the power companies are there, and they can tie into it and avoid going under the parking lot. Mr. Summers testified that the current vinyl fencing was required by the original site plan for the property. Arcola Towers, LLC Conditional Use - Telecommunications Tower p. 7 VII. Findings and Conclusions of the Board A. The Board finds the testimony and application provided by the Applicant credible and persuasive. The Board concludes that the evidence justifies approval of the conditional use request. Based on the evidence presented, and duly considering the applicable factors from the Queen Anne's County Code, the Board specifically finds and concludes as follows 1. The application is consistent with the general purpose, goals, objectives, and standards of the Comprehensive Plan, this Chapter 18:1, and any other plan, program, map adopted or under consideration by the County. 2. The proposed use at the proposed location will not result in a substantial or undue adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting public health, safety or general welfare. 3. The proposed use at the proposed location will be adequately served by, and will not impose an undue burden on, any of the required improvements referred to in Chapter 18:1. B. For those reasons as specifically identified in the staff report entered into evidence, and in consideration of the evidence presented by the Applicant, without opposition, the Board finds 1. The Applicant established the criteria required by $18:1-95B.6)-for those reasons as set forth in the Queen Anne's County Staff Report p.5 and as testified to at the time ofthe hearing. 2. The Applicant submitted all documents and materials required to receive approval of the conditional use. C. Additionally, after considering the fall zone letter submitted, testimony and evidence presented, without opposition, the Board finds that a reduction in the property line Arcola Towers, LLC Conditional Use - Telecommunications Tower p. 8 setbacks to 59.5ft. is appropriate and the Applicant has met the requirements of $18:1- 95B(6)b)(5)(a). VIII. Decision Based on the foregoing findings and conclusions, by a vote of three in favor and none opposed, the Board grants to the Applicant: 1. Conditional use approval, to construct a 90' telecommunications facility (monopole) and associated equipment within a 40 ft. X 60 ft. gravel compound, and to reduce the tower property line setback to 59.5 ft. pursuant to 18:1-95B0X0X)0, subject to the following conditions: a. The Applicant shall obtain all necessary Federal, State and County permits as applicable. b. Building permit submission requirements under $18:1-95B.(5) must be met. C. Any outstanding comments stemming from agency reviews are addressed. d. Any required bonds, sureties, review, and inspection fees must be submitted to the Department of Planning and Zoning as appropriate. e. At least one legally binding service agreement between the owner of the proposed facility and one service provider must be executed and provided to the Department of Planning and Zoning prior to issuance of a building permit. f. The tower and all site elements shall substantially reflect the concept plan reviewed and approved by the Board of Appeals. g. Copies of final easement documents, to include both access and utility easements, must be provided to the Department of Planning and Zoning prior to issuance of a building permit. h. No commercial advertising or other signage, except that required, shall be permitted on the monopole. The monopole shall have a single sign, no larger than six square feet, affixed to the equipment building or fence enclosure that identifies the tower owner, each locating provider, FCC tower registration number, and the telephone number for the person to contact in the event of an emergency. Arcola Towers, LLC Conditional Use - Telecommunications Tower p. 9 i. The monopole shall be the proposed color or a color that minimizes visibility unless a different color is required by the FCC. Commercially available technology shall be employed to minimize tower visibility, with specific reference to size, color, and silhouette properties. j. The monopole shall be used continuously for wireless communications. In the event that the monopole ceases to be used for a period ofsix months, the conditional use approval shall be revoked. In the event that the County Zoning Administrator is presented with evidence that further viability of the monopole is imminent, the Zoning Administrator may grant one extension of the conditional use approval for aj period not to exceed six months beyond the revocation of the use. The Applicant shall take all necessary steps to dismantle the monopole and remove and dispose of all remnants and materials, including concrete or masonry foundations, from the subject parcel within 90 days after termination. The Applicant shall ensure removal of the monopole and all associated accessory structures by posting a monetary guarantee with the County. The guarantee shall be submitted prior to the issuance of a building permit and shall be for an amount of $50,000, a cost that is equal to the estimate of removal of the facility, plus a 15% contingency. Arcola Towers, LLC Conditional Use Telecommunications Tower p. 10 ORDER For the reasons set forth in the foregoing Opinion, it is this 12th day ofl March, 2025, ordered that the conditional use approval requested for Arcola Towers, LLC, Lessee of land owned by Grasonville Station, LLC, in Case No. BOA-24-08-0191, be granted, subject to the conditions set forth in the Opinion. GhCaela Howard A. Dean, Chairman CNJMEE Craig W. McGinnes, Vice-Chairman Michael A. Lesniowski, Member Arcola Towers, LLC Conditional Use - Telecommunications Tower p. 11 State of Maryland, County of Queen Anne's: I HEREBY CERTIFY that the foregoing is a true and correct copy ofthe Opinion and Order of the Board of Appeals of Queen Anne's County in Case No. BOA-24-08-0191, for Arcola Towers, LLC, Lessee of land owned by Grasonville Station, LLC, which Opinion and Order resulted from a public hearing conducted by the Board of Appeals on January 15, 2025 and that the minutes and a recording of the January 15, 2025 meeting are filed in the office of Board of Appeals. Certified this 12th day of March, 2025 by: Cocluy motud! Cathy Maxwell Clerk to the Board of Appeals