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Home My WebLink AboutSEP99-0144 - SEP Determinations - 9/16/1999 SEP99-0144 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning-Landfill-Utilities MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) Description of Proposal : CONSTRUCT A 135 FOOT TALL MONOPOLE CELLULAR TOWER ANP 15 FOOT ANTENNAS ATTACHED ON TOP; SETBACK FROM ADJACENT PROPERTIES IS 135 FEET; BUFFER LANDSCAPING VEGETATION TO BE ESTABLISHED ON SOUTH AND EAST AREAS. Proponent : NEXTEL COMMUNICATIONS Location of Proposal : 300 NE MAST RD BELFAIR PARCEL#:123307600060 TR 6-8 OF SURVEY 4/79 NEAR END OF MAST RD. TO THE NORTH OF BEARD'S COVE SUBDIVISION. Lead Agency: MASON COUNTY The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43 .21C. 030 (2) (c) . This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request . MITIGATION MEASURES ARE ATTACHED. (rA //� Please contact At ""^' ` Uxe� at ext . with any questions . This DNS is issued under 197-11-350 (2) , the Lead Agency will not act on this proposal for 14 days from the date below. Comments must be submitted by 10/01/99 . DATE: 09/17/99 A4 0 i��,41" xl'� Signature of respon i Ve official Date' Responsible Official : Gary Yando kkU C-- Director of Community Development �� r��5� 426 W. Cedar, PO BOX 578 Shelton, WA 98584 (360) 427-9670 j, MIT_DNS, rev: 08/23/96 {��e 1lCS'�((i1 Z 3e,ayks W,Assa- qP<<w-03CTU-z,- Cond itions of this Case are listed below. Case No.:SEP99-0144 1 ) 1 ) The applicant shall establish and maintain a vegetation buffer of tree and shrub vegetation plants as proposed in the site plans of this proposed telecommunication tower. 2) The applicant shall abide by the easement of use, signed by the applicant and the property owner, that allows for the location of tower at less than the 135 foot distance from adjacent uses on the subject property. 3) The applicant shall locate the tower at minimum the 135 foot setback from adjacent properties to the south and east to meet telecommunication tower ordinance standards. SHIERS CHREY COX -_ CAULKINS DIGIOVANNI & ATTORNEYS AT LAW ZAK, LLP 600 KITSAP STREET, SUITE 202, PORT ORCHARD, WA 98366 (360) 876-4455 • FAX (360) 876-0169 • E-MAIL: shiers_law@sinclainnet OCT 01 1999 October 1, 1999 MAgQN CO.PLANNING DEPT. Mr. Gary Yando Director of Community Development 426 W. Cedar PO Box 578 Shelton, WA 98584 RE: Nextel Communications Project Comments Upon Mitigated Determination of Nonsignificance Parcel No. : 123307600060 Our Client: Beard' s Cove Community Organization Our File No. : 24298-5 Dear Mr. Yando: Please be advised that my law firm represents the Beard' s Cove Community Organization. On behalf of the Beard' s Cove Community Organization, we submit the following comments in opposition to the proposed cellular tower development and to the issuance of a Mitigated Determination of Nonsignificance. v 6 is a residential community located immediately Beard' s Cove # y y adjacent to, and to the South of, the parcel upon which Nextel Communications proposes to construct its tower and antennae. The Beard' s Cove residents value highly the unblemished pastoral views of the trees, mountains and hills from their properties. By the instant proposal, they are faced with the prospect of gazing up the slope to the north at a 150' tall steel tower and antenna system, the purpose of which only seems to serve the applicant' s interest in control rather than pursue joint use of the existing cellular tower located but a couple of miles away. The applicant' s interest in erecting this new tower despite a locally available preexisting tower is contrary to the stated purpose of the Mason County Standards for Telecommunications Antennas and Towers, Ordinance No. 5-98, §3 .a (hereinafter "Towers Ordinance" . ) FRANK SHEERS JEFFREY COX TRACY E.DIGIOVANNI TIMOTHY J.VMSON GARY T.CHREY SUSAN L.CAULKINS KIM D.ZAK SHIERS, CHREY, COX, CAULKINS, DIGIOVANNI & ZAK, ALP Mr. Gary Yando Director of Community Development October 1, 1999 Page Two The applicant, in its Environmental Checklist, asserts that no views in the immediate vicinity of the proposed project would be altered or obstructed. (Environmental Checklist, JJ10 .b. ) This assertion could not be farther from the truth. Beard' s Cove is immediately adjacent to the subject parcel, and represents a substantial presence of residential uses in the area. Nextel Communications proposes, in a perfunctory mitigation effort, to plant two sets of shrubs along its southerly boundary which, for those residence who look up the hill from their homes, will do very little if anything to mask or minimize the presence of the tower. (Environmental Checklist, ¶4 .d. ) It is apparent from Mason County' s Towers Ordinance, at §3 . 1, that Mason County desires and intends to curtail the random and widespread construction of these garish structures, particularly in areas where residential quality of life would be impacted. The purpose of this ordinance is to establish general guidelines for the siting of towers and antennas . The goals of this ordinance are to: (1) encourage the location of towers in Rural Areas and Long Term Commercial Forest Lands as described in the Mason County Comprehensive Plan and Development Regulations and minimize the total number of towers throughout the county, (2) encourage strongly the joint use of new and existing tower sites, (3) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the county is minimal, (4) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and (5) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. The notion behind siting such towers in Rural Areas and Long Term Commercial Forest Lands is to shroud the towers' presence within tree cover and in outlying areas, away from the eyes of Mason County citizens, who, absent such a purpose, would be called upon to gaze upon the steel tower day after day. It is incongruous to the fundamental purpose of the Towers Ordinance to permit a cellular tower project to go forward upon property abutting a residential neighborhood in the first instance, let alone before the existing tower in Belfair has reached use capacity. i SHIERS, CHREY, COX, CAULKINS, DIGIOVANNI & ZAK, LLP Mr. Gary Yando Director of Community Development October 1, 1999 Page Three The Beard' s Cove Community Organization recognizes that it would have very limited avenues by which to challenge this proposal under the Tower Ordinance, and accordingly under SEPA, if Nextel Communications limited its proposed tower to itself as the sole user of a tower/antenna apparatus of a height of 90 feet or less, as such a structure would be a permitted use under the Tower Ordinance. Nonetheless, as presently proposed at a height half again greater than the Tower Ordinance specifically permits, the residents objections to the Nextel cellular tower are meritorious and persuasive. In conclusion: • The circumstances manifested by the proposal of Nextel Communications present evident significant adverse environmental impacts, particularly startling visual impacts wholly incompatible with the adjoining residential community of Beard' s Cove No. 6 . • Accordingly, the Beard' s Cove Community Organization urges the Mason County Department of Community Development, as the lead agency for the purposes of this SEPA review, to find that the project, even with the proposed minimal mitigation measures, poses probable significant adverse environmental impacts to Mason County at large and to Beard' s Cove No. 6 in particular. • Upon such a finding of probable significant adverse environmental impacts presented by the Nextel proposal, the Mason County Department of Community Development should withdraw the Mitigated Determination of Nonsignificance. Respect lly mitted, SUSAN L. CAULKINS Attorney for Beard' s Cove Community Organization cc : Beard' s Cove Community Organization