HomeMy WebLinkAboutCorrespondence
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CrIY 6F~:"CARMEL
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JAMES BRAINARD, MAYOR
September 16, 2005
Via facsimile: (317) 209-0480
Mona Couch
DHA, Inc.
650 N. Girls School Road, Suite C-30
Indianapolis, Indiana 46214
Re: Antenna Placement - 11495 Gray Road
Dear Ms. Couch:
This letter is in response to your inquiry about placing antennae and an equipment
cabinet upon and within the Gray Road Cinergy Substation at 11495 Gray Road. Upon
further research, the Department offers the following information. In 2001 the
Carmel/Clay Board of Zoning Appeals granted a petition by Lattice Communications for
Special Use Approval to place antennas on power poles on the subject real estate. The
approval, filed as Docket No. SU-36-01 was granted with conditions, including a
commitment that the petitioner shall permit no more than three wireless
telecommunication providers on any currently existing or future poles on the Real
Estate. A copy of the Statement of Commitments is included for your review. Both our
records and your email dated September 15,2005 indicate that there are only two service
providers existing on the site at this time. The placement of antennas from a fourth
provider on this site would require the petitioner to seek Special Use Amendment from
the Carmel BZA.
Based on the number of providers on the site and indication that your client's antennas
will be slick mounted, you may proceed to the Division of Building & Code
Enforcement, City Hall, First Floor, for necessary building permit approval. If you have
any questions, or wish to further discuss this issue, please don't hesitate to contact me at
571-2417.
Sincerely,
t2:!:!~~~?J
Planning Administrator
Copy: Jim Blanchard, Building & Code Enforcement
File: SU-36-01
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLLIBAUGH, DIRECTOR
STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OF DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A SPECIAL USE
In accordance with I.C. 36-7-4-921, Lattice Communications, LLC, a Delaware limited
liability company ("Petitioner"), the lessee of certain real estate located in Hamilton County, City
of Carmel, Indiana, which is further described in Exhibit A attached hereto and incorporated
herein by reference ("Real Estate"), makes the following commitments concerning the use and
development of the Real Estate in connection with its petition for a special use involving the
Real Estate:
STATEMENT OF COMMITMENTS
1.
Petitioner hereby agrees not to file or seek approval from the Carmel/Clay Board of
Zoning Appeals (the "BZA") or its successor governmental agency for any special
exceptions, special uses, use variances or variances from development standards to
permit more than three wireless telecommunication providers to place, erect or install
antennas on any currently existing or future poles or towers located on the Real
Estate.
2.
Petitioner hereby agrees not to file or seek approval from the Carmel/Clay Board of
Zoning Appeals or its successor governmental agency for any special exceptions,
special uses, use variances or variances from development standards to permit more
than four wireless telecommunication provider to install, construct or erect equipment
on the Real Estate.
3.
Petitioner hereby agrees to install. or permit the installation of wireless
telecommunication antenna and related equipment only on the three poles as noted on
the site plan prepared by GPD Associates, dated March 5, 2001 as Job No. 2000072,
a copy of which is attached hereto as Exhibit B (the "Site Plan"). Each pole shall
have the equipment of not more than one wireless telecommunication provider.
4.
Petitioner shall, as soon as practicably possible after the placement of wireless
telecommunicatio~ equipment on a pole, construct and install or cause the
construction or installation of (i) a nine (9) feet tall wood shadow box fence around
the pole and associated equipment as shown on the Site Plan, and (ii) a fifteen (15)
foot landscaped and maintained area, composed of trees not less than two and one-
half(2 Y2) inches (caliper) in size (measured at forty (40) inches and spaced fifty (50)
feet on center).
5.
Upon approval by the BZA of Petitioner's special use filed as Case No. SU-36-01, to
permit the wireless telecommunication facilities to be installed and constructed on the
Real Estate; subject to conditions acceptable to Petitioner (the "Special Use"), the
owners of real property directly adjacent to the Real Estate may submit a landscaping
1'"
plan of the Real Estate and adjacent real estate (the "Landscape Plan"), which may
include landscaping, fencing and mounding, to Petitioner. Provided CinergyfPSI
approves the Landscape Plan, such Landscape Plan does not interfere with the
operation of the proposed wireless telecommunication facilities, and such
Landscaping Plan complies with all applicable laws, regulations and ordinances,
including the CarmeVClay Zoning Ordinance, Petitioner shall cause the installation of
the landscaping, fencing and mounding pursuant to the Landscape Plan as soon as
reasonably possible after the thirty first (31 st) day after the date on which the BZA
approves the Special Use without appeal by writ of certiorari or otherwise, weather
permitting. Notwithstanding anything in this Paragraph 5 to the contrary, in no event
shall Petitioner be obligated to pay more than the sum of Eighty Thousand Dollars
($80,000) for the installation of the Landscape Plan. Petitioner. further agrees to
cooperate and assist with the filing and acquisition of any variances requested by the
owners of real property directly adjacent to the Real Estate that are directly related to
and necessary to install the Landscape Plan; provided, however, that any money spent
by Petitioner in furtherance of such a variance shall be included in and credited
against the Eighty Thousand Dollar ($80,000) spending cap.
6. Petitioner shall permit no other types of antennas to be placed on the poles located on
the Real Estate except for "slick mount" antennas as depicted on the photograph
attached hereto as Exhibit C.
7. Petitioner and its successors and assigns shall, at their sole cost, maintain, in a manner
that is normal and customary for commercial real estate in central Indiana, the
landscaping and fencing installed on the Real Estate pursuant to the Landscape Plan,
including mulching, weed control and fertilization, and repair and/or replacement of
fencing and dead or diseased trees and plant material with identical kind of tree or
plant material if available in central Indiana, unless a tree or plant material is
destroyed or killed by the negligence or intentional act of the owner of real estate
located adjacent to the Real Estate. If a specific type of tree or plant material is not
available, a similar tree or plant material may be substituted. Further, Petitioner shall
not be obligated to maintain, repair or replace any portion of the Landscape Plan that
is (i) not located on the Real Estate, or (ii) removed by CinergyfPSI or its successor in
interest to the Real Estate for the purpose of prbviding electricity to its customers.
MISCELLANEOUS
1. The Commitments shall be binding on the Petitioner, and any successor in interest to
Petitioner's interest in the Real Estate.
2. The Commitments shall be effective upon the adoption of Petitioner's special
use/Case No. SU-36-0l by the BZA, and shall continue in effect so long as (i) the
Real Estate is used for wireless telecommunication purposes, or (ii) until these
Commitments are vacated by the BZA after a duly and properly notified public
hearing.
k,
3. The Commitments may be enforced by the City or Carmel, Indiana, the BZA or its
duly authorized agent.
IN WITNESS WHEREOF, the Petitioner has executed this instrument on the
day of ,2001.
LATTICE COMMUNICATIONS, LLC
(signature)
(printed name and title)
STATE OF
)
) SS:
)
COUNTY OF
Before me, a Notary Public in and for the State of , personally
appeared , the of Lattice
Communications, LLC, a Delaware limited liability company, who, having been first duly
sworn, acknowledged the execution of the foregoing on behalf of said company and stated that
any representations therein contained are true.
Witness my hand and Notarial Seal this
day of
, 2001.
Signature
(Notary Public)
Printed
My Commission Expires:
County of Residence:
This instrument was prepared by Timothy E. Ochs, Attorney at Law, ICE MILLER, One
American Square, Box 82001, Indianapolis, Indiana 46282-0002, (317) 236-2100.
789855
".
Keeling, Adrienne M
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Due By:
Flag Status:
Mona Couch [mona.couch@heltonassoc.com]
Wednesday, September 14, 20054:39 PM
Keeling, Adrienne M
Dave Helton
RE: Request for Letter regarding Basic Co location on Existing Legally Established Towers
Follow up
Thursday, September 15, 2005 10:30 AM
Red
Draft Drawing for
Zoning Conti".
Daer Ms. Keeling,
I want to thank you for the letter you faxed me regarding the tower at 5490 E. 126th
Street.
I am sending this e-mail to follow-up our discussion on the property at
114095 Gray Road; The Gray Road Cinergy Substation.
Cinergy will be constructing a new 75' wood transmission pole, and our Client will be
leasing space on that pole for their antennas. In addition, there is an existing fenced-in
compound area at the site, for which our client will be locating their radio equipment
cabinets inside. Attached is a drawing of their proposal. T-Mobile and Sprint are aleady
on transmission poles at this location with slick antennas. I assume that slick antennas
will be a design requirement to ensure compitibility and consistency.
Can you please advise me as to what Zoning Approvals, such as a Special Exception, Special
Use, etc., we will need to apply for and acquire. Your assistance in this matter is
greatly apprciated. Thank you so much - Mona
Mona Couch
DHA, Inc.
650 N. Girls School Road, Suite C-30
Indianapolis, Indiana 46214
Phone: (317) 209-0310
Fax: (317) 209-0480
-----Original Message-----
From: Keeling, Adrienne M [mailto:AKeeling@carmel.in.gov]
Sent: Wednesday, August 31, 2005 12:17 PM
To: Mona Couch
Subject: RE: Request for Letter regarding Basic Colocation on Existing Legally Established
Towers
Thanks Mona.
After further research, I have determined that the 126th Street tower colocation will only
require a building permit; however the Gray Road installation is a little more
complicated. I will certainly put all of this in letter form, but wanted to let you know
of this possible snag now, in case you want to focus on getting permitting started for the
126th Street project. I am researching further, but the history of the Gray road site
indicates that Special Use was required in the past to install antennae on at least one of
the poles. Can you tell me if there are already existing antennas on the subject pole?
There are three poles, on which are you proposing to add the antennae? Sorry for this
delay, but I want to make sure we're all on the right page.
1
Thanks,
Adrienne Keeling
-----Original Message-----
From: Mona Couch [mailto:mona.couch@heltonassoc.com]
Sent: Wednesday, August 31, 2005 10:06 AM
To: Keeling, Adrienne M
Subject: Request for Letter regarding Basic Colocation on Existing Legally Established
Towers
Dear Ms. Keeling,
It was a pleasure to speak with you this morning regarding the requirements for Basic
Antenna Collocation on the existing towers located at 5490 E.
126th Street(Carmel Water Treatment Facility) and 11405 N. Gray Road (Cinergy Sub Station)
with radio equipment cabinets being located at the base of the existing towers within the
compound area.
It would be greatly appreciated if you could provide me with a letter indicating that such
antenna colocation on these existing towers with equipment cabinets at the base of the
existing towers do not require Commission Approval for Zoning, but will require building
permits.
This can be faxed to me at (317) 209-0480.
My Contact Information is as follows:
Mona Couch
DHA, Inc.
650 N. Girls School Road, Suite C-30
Indianapolis, Indiana 46214
Phone: (317) 209 - 0 31 0
Fax: (317) 209-0480
Again, thank you for your assistance on this matter. It really is appreciated.
Thanks - Mona
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at L Cincinnati, Ohio 45202
f(' (513) 381-7775
Fax, (513) 381-1292
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Laurence Lillig
City of Carmel
1 Civic Square
Carmel, IN 46032
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Dear Laurence,
I would like to take the opportunity to introduce to you our firm, Lattice
Communications, LLC. Lattice owns, manages and operates communication tower sites
on which we lease space to wireless service providers for locating their antennae and
shelters. Lattice owns approximately 300 tower sites in 15 states, including tower sites in
your city that are available for lease to wireless service providers.
Lattice's tower sites provide benefits to both the communities and the customers we
serve. Our multi-tenant tower sites reduce the need for multiple towers, thereby reducing
a municipality's administrative burden associated with zoning new towers. Constituents
benefit from having fewer towers located throughout their community. Wireless
customers benefit from having tenant-ready locations that reduce their need to spend
money and time constructing new towers. Our current customer list includes PCS,
cellular, public safety, paging, wireless data, wireless internet, and specialized mobile
radio service providers. Some of the companies we serve include AT&T Wireless, T-
Mobile, Verizon, Cingular, Nextel, and Sprint PCS.
Included is a map of our tower sites in Carmel, along with specific tower site
information. All have space available for immediate lease. If your zoning ordinance
contains a "collocation first" provision, we ask that you please add this information to
your database of available sites. Additionally, feel free to pass this information along to
anyone who may contact you about tower sites available in your community.
I would like to offer that Lattice be a resource to you and your staff to answer any
questions that you might have about communications towers. Please do not hesitate to
contact me at (513) 381-7775. Thank you for your time.
Kind Regards,
e.~e7
c: Max Lind
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Lattice; Communications, LLC
:r' 441 Vine Street
~ Suite 3900
~ -< Cincinnati, OH 45202
,~ Phone: (513) 381-7775
Fax (513) 381-8808
Y < www.latticecommunications.com
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Fax (513)381-8808
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Sent uy: ~attlce Comm./Crlsler Co.
5133818808;
OS/29/01 15:46j J~#1 Bj Page 2/4
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May 29, 2001
Ms. Carol Kiefer
4960 Regency Place
Carmel. IN 46033
Dear Ms. Kiefer:
At your request, I have attached a Memorandum of Understanding regarding the
landscaping plan for the CanneUGray Road substation as it relates to our proposed tower
site and our Statement of Commitment.
I[ is my understanding that the homeowners ofK.ingswood and Sycamore Farms
subdivisions, including those residents whose homes are adjacent to the site, have
proposed a landscaping plan for the site. Furthermore, it is my understanding that the
proposed landscaping plan has identified landscaping priorities, in order to protect the
budget since bids for the landscaping proposal have not been secured, nor has Cinergy
Corporation had adequate time to review the plan and respond.
Lattice Communication5, LLC is willing to recommend the Landscape Plan on the
attached memorandum to Cinergy Corporation subject to firm, fixed price bids or signed
Purchase Order for the work.
Furthermore, it is my understanding that CinergytPSI operating personnel have been
involved in the Landscape Plan process and would support the same.
Sincerely,
t~.A>-~
R. Dean Meiszer
President
RDM/ks
Attachment
s",:,t by; Latt~ce ComHl. !Cr'l.slet' CO.
5133818808j
05/29/01 15:46j J~#1Bj Pagb 3!~
Lattice I Communication., LLC
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To:
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The Homeowners of Kingswood and Sycamore Fanns Subdivisions
Memo
From:
Mike Jones, Lattice Communications
RE:
Landscape Plan for the Cannel/Gray Road Tower Site
Dare:
May 29, 2001
Pursuant to the Statement of Commitment made in accordance with I.C. 36- 7 .4-921 by
Lattice as Petitioner, and specifically the conditions set forth in Parclgraph 5 of the
Statement of Commitment, Lattice would suppert a proposed plan (the "Landscape
Plan"), that includes the following elements. Furthennore, Lattice shall procure fixed
price bids for the Landscape Plan, or Lattice is willing to approve individual purchase
orders for the work. In the event the bids or estimates exceed the budgeted amount,
Lattice agrees to eliminate items from Phase III of the plan until the Landscape Plan is at
or below the budget.
Objective: To visually obscure the sublltatlon equipment.
In order to create some immediate coverage, an 8' fence is to be placed (where it is
physically possible) upon a bem 3.5 to 4 feet high, along with trees and other vegetation.
Phase I: Mounding
. Mounds already exist on the north, east and west sides of the substation, Provided
drainage patterns can be maintained to the satisfaction ofCinergy/PSr and adjac::.ent
landowners, those on the north and east perimeterS of the substation will be joined.
Drain tiles will be inserted trough the joined mounds to maintain proper drainage.
. An additional mound approximately 300 feet in ~ngth and 3.5 to 4 feet in height will
be built on the south perimeter. Provided drainage patterns can be maintaine<i to the
satisfaction of CinergylPSI and adjacent landowners, it will be connected to e"isting
benns on the east and west perimeters, and drain tiles will be inserted to maintain
proper drainage. (See attached site plan.)
Sent by: Lattice Cornm.!Crisler Co.
5133818808;
05!29/0115:47; lf1fwL#18j Pa9s 4/4
P\)ase Il: Fencin~
. Apprl,)ximarely 1155 feet of 8' wood fence will be installed around the north, east a.'1G
south perimeter oftlle Cihergy substation.
. The fence will be tied to the existing chain link fence at the entrance to the substation
and, on the southwest comer, to a homeowner's existing fence. (See attached site
plan.)
. An 8' double gate will be installed to pennit access for mowing and maintenance
outside the wood fence.
. Existing fann fence which presently marks the substation property line along the
north boundary will be removed for approximately 400' and the wood fence will be
installed as closely as possible to t'1e property line while keeping existing tree;; intact.
Phase III: Ve{!etatioD
. Mounding and fencmg are the first priority and thus, the total amoW1t of vegetation to
be installed will be determined after Phases I and II are completed.
. Vegetation will be installed between the wood fence and the property line, although
exception may be made if appropriate to obscure substation equipment and if Cinergy
and Lattice approve it
. Because the primal)' purpose is to screen substation equipment, trees with dense year
around foliage are preferred, including Colorado spruce and Norway spruce.
. However, final selection of vegetation will be determined by consideration of what
will grow well (given existing shade line, drainage, and soil requirements), the
preferences of the adjacent lando"ner and the landowner's willingness to be
responsible for watering until the vegetation is established.
. Cinergy/PSI will review final vegetation selection to avoid interference with existing
power Jines and electric equipment.
. Regarding the entrance to the substation on Gray Road:
. Vegetation whi~h will make the entrance more visually attractive but will not
grown to interfere with existing pOwer lines will be installed in front of the
existing chain link fence. Grassy areas between the chain link fence and Gray
Road may be seeded to thicken the existing grass.
.
Parts of farm fence which stand alone in the grass strip between the chain link
fence and Gray Road (on either side of the sidewalk) will he removed.
Dobosiewicz. Jon C
u
u
From:
Sent:
To:
Cc:
Subject:
Brewer, Scott I
Monday, May 21, 2001 9:28 AM
Lillig, Laurence M; Dobosiewicz, Jon C; Hollibaugh, Mike P
'John R. Molitor (E-mail)'
RE: Lattice communication~
Laurence:
I have a 3 copies of the revised plan. It meets the requirements of the telecommunications ordinance. They are installing
a 9' wooden shadow box fence for the solid visual barrier, and (betula nigra) River Birch as the shade trees in their 15'
landscaped area.
Scott
-Original Message-
From: Lillig, Laurence M
Sent: Saturday, May 19, 2001 11 :57 AM
To: Dobosiewicz, Jon C; Hollibaugh, Mike P
Cc: John R. Molitor (E-mail); Brewer, Scott I
Subject: Lattice Communications (SU-36-01) ,
This Item was tabled at the April 23, 2001, meeting of the Board of Zoning Appeals in order to have petitioner meet
with the Department regarding the proposed Commitments. The Department met with petitioner and outlined the City's
concerns. Based upon that conversation, the Department is awaiting revised Commitments and a revised Landscape
Plan. The Department recommends favorable consideration of this petition.
Jon, check with Scott re: the Landscape Plan. Has he received it? Is it acceptable?
Contact Tim Ochs to get a copy of the revised Commitments.
Laurence M. Lillig,Jr.
Planning & Zoning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
Phone: 317.571.2417
Fax: 317.571.2426
11i1lig@ci.carme1.in.us
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GPD ASSOCIATES
Engineers. Architects. Planners
City of Carmel
Department of Community Services
One Civic Square
Carmel, Indiana 46032
May 14, 2001
Re: Lattice Communications - Gray Road
Dear Scott,
Enclosed is the Notice of Public Hearing for the above referenced site. The dates have changed
due to a continuance for landscape approval. I have made the modifications on the Landscape
Plan per our discussion on the phone Friday. I am submitting 4 copies with a self addressed
envelope so you can approve the plan and send it back to us for our files. Thank you for
cooperation with us on this project. Please call if you have any questions or if I can be of further
assistance.
Sincerely,
~
r~
Traci Preble
@;
~ 2647 Waterfront Parkway East Drive. Suite 150 . Indianapolis, Indiana 46214 . 317-299-2996 . Fax 317-293-1331
Glaus Pyle Schomer Burns and DeHaven, Inc Akron. Parma Heights, Ohio. Indianapolis, Indiana Web www.gpdco.com
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. CellQlar tow'et:,.prop()salis. tabled
'. ii' . .d" . ,'\:,< . ,'. .'h", ..' h': .,." ' '. '
. .untI\resl~nt~"~(anave t . eIrsay
. ",' .'/',' :. . '.';';';~::'; . ~>:"'< . . . "., ". ' ' ".
By Phil Bunlap ,'. i' ",!f::~ADU^I:I\" ;'~eW hours before the Monday night
CORRESPONDENT ' .' '!\~' '~~.rr.f.i' meeting. He raiSed numerousques- '
': . ',' """, " ' tionsat the meetmg., , ..'
'., cARMEL,lIid. ~ Just whert it poles. Ochsmad~ commitments to CarolK1ef~; representing Kings-
looked like a c()inprom1sewould!al~ pa1p.t theailtennas to match the, '/woodresidents,saidt~ey favored
low communications equipment to ,wood and to hide cable that runs to the new proposal, ,gj.venthe agree-
, be . installed, near 116th Street and sending equipment., ~ts secuted from Lattice.., ,
Gray Road, aloM came a sna,gthis',: Lattlce also offered to put in After the matter WaS tabled by
w,eek. .' .); " .' $80;000 Worth of lahdscaping andtheboatd, 'angry, words erupted
'.', Someone fa1l~ totnform 8, few 'buffering to mitigate' any.effect on outsidethe~eiu1ng, c~ambets at
Sycamore FaI'lJ,1' homeowners of the closest residents. ' " City Hall between' the residents of
,Lattice ,CommUI1ications'proposal, Zoning appeals board members - Kingswood and SycamoreF~.,
for the placement of camouflaged 'compl1mentedLattice th1s'weekfor~ Not\vanting,to offend anyone,
cellular anteIUlas on threeex1sting worldngto find a way 'to satisfy . Ochs found himself. trying :to ar- '
wooden pol~sat the Cinergy site residents and locate eqi.t1pment in range a meeting with the Sycamore
near)16th andGray. . an area sliidto have p<;>or Cell~ar ,folks to get a dialogue :g<;>ing before
So thematt#has been ta1:?led coverage.. ,. .' ",' . '., ',. AIe ,next meeting .ofthe :io~ap-
,until the Maymeetihgof the Car- . Lattice has commitments 'frdm peals bom:d, scpeduled for~ p.m.
mel Clay Boardp( ZoniIig Appeals. Sjnfut, Verlzon ap.~ Voi~~tream to ,'May 29.,' '."'..,, ~ .'
In January, Lattice was denied a locate on the poles. Although the' During the proceedings, Charl~
petition t~construct a12Q-footcel- poles are only 80 feet high, Lattice ,...We1nkauf....presfdent of the zoning' "
lular tower attpesite... is ~onv1ncedtheyw.l1l do'thejob ad~ apPeaIsboard,. reminded those op- "
Opposition >from nearbyresi~ equately, Ochs said;' posed to what he saw as a reason- '
dents of Kingswood Estates. and However,Sy~ore,resident able solutioilthat th~Federal Co~- '.'
Sycamore . Farm subdivisions was Claude Porter Jr. said h~thought it .... munlcations '. Commission' has
intense, and the zoning. appeals only .fair' that he and other r:esi-. mandated.that cellular towers be a
'bOard rejectedttunanimOusly. ' . dentS ,whQ':were just informed of . necessary part ,Qf the over.an com-
However, the company haS niodi- the Lattice proposal be g1.ventime" mUn1cati~nsnetWork. . .
fleclits propo~' ". . . to consider . what ,effects " there . Wh1l~ the rules let communities
Tinl.Ochs, attorney for Lattice, J:night be on their properties:,,: place towers where they are least
made a ,strong presentation foral- Jeff Anderson, vice president of obt:rusive,1f such locations can't be
10wlngconst:r'l1ctionof a well-hid-the Sycamore Farm HomeoWners' agreed upon., the FCC 'w1llcome in
den antenna to be placed on each Association.'. said he. just heard and force placement.' .
, of three' exis~ woodertpower, about the Lattice commitments a '"TIley'lltakeit out of our hands."
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Mary]~a.fnitzegger,6;didn't'lg9k all.that happy about., a close,en- .
counterl.yith a turtle recentlya~Cool Creek Park Nature Center in
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WestfiSld~.. Mary's kindergarten" class from Woodbrook Elementary
School 'in Carmel visited the nature eenter"wheie naturalist Aman-
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Members of the BZA,
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Carmel, Indiana 46038
P. O. Box 234
April 23, 2001
On behalf of the entire Board of the Kingswood Homeowners Association, we want to go on record that we
support 100% the agreement reached by our residents, headed by Carol Kiefer, and Lattice Communications
in their application.
Specifically, we applaud the efforts of Lattice Communications in being proactive in this process to address
the concerns of neighbors and in reaching an agreement with which everyone can live. Development,
technology, and neighborhoods, for the most part, can peacefully co-exist when issues are identified and
addressed, and when complete and relevant information is presented and exchanged. In this manner, a
solution can be found that represents both parties' interests.
Hopefully, this situation can be used as a template for other neighborhood-industry disputes that may arise in
the future. Again, we applaud this agreement and offer congratulations and thanks to both groups for their
effort.
Respectfully submitted,
Christopher Booher ~~
President, Kingswood Homeowners Association
APR-23-01 II :04 From: ICE Mf~'~~ FLR 35
V
131723622U ICEMi~1~ER
, Lf8Allt BUSINesS ADVISORS
TRANSMITTAL COVER SHEET
DATE;
April 23, 200 I
8 PAGES INCLvnlNG THIS PAGE
HARD COl'y TO FOLLOW: _Yes ...K...No
VIA; _Mail _Courier
TO: Sue Ellen Johnson TO:
COMPANY: u.. ,u.. 'do ~ COMPANY:
FAX #: 571-2426 FAX#:
PHONE #: PHONE #:
TO: TO:
COMPANY: COMPANY:
FAX#: FAX#:
PHONE #: PHONE #:
TO: TO:
COMPANY: COMPANY:
FAX#: FAX#:
PHONE #: PHONE #:
TO: TO:
COMPANY: COMPANY:
FAX#: FAX#:
PHONE #: PHONE #:
FROM:
Nikki Burgin
TELEPHONE NUMBER: 317-236-2377
SUBJECT: SE-36-01
COMMENTS:
Please let me know if you need anything further.
W AR:NING This cover slleet lUld the materials enclosed wi&h !his lramunission an:: the priwrc oonfidontial propcny of the sender, and the
CONFIDENTIALITY materials are privileged tommunicatiom intcnQcd solely for the rcccipt, lISe, benefit.ncl illfoTmlltion of the incende4 recipient
NOTICE: indicated above, If you arc not the intended recipient, you are hereby notified that allY review, disclosure, copying,
cllsu1DU1lon, or lIle IUlng or any Oilier action III reliance on me COnJel\\$ ormls uansmlSsion 15 SU1CUy pr"hINIe(\, ana may
result in leplliabiUt)' on YOW' part. If you bave received this transmission in error, please notify lIS immediately al!he
telephone number below and arrange for retlll'l1 of this trallSnlilliol\ to Q$..
CLI~NTIMATTER NO.: 18349-0002
JOB CODE (I'" ~IIW' rll. 0II(y):
For questions or problems in transmission, please contact our Fax Operators at either: (317) 236-2352 Or (317) 236-2474
One American Square. Box 82001 . Indianapolis,lndiana46282-0002 . (317) 236-2100 . FAX (317) 236-2219
w
o ICE:Y:ILLE
5M
LEGAL Et BUSINESS ADVISORS
April 11, 2001
Re: Docket No. SE-36-01
WRITER'S DIRECT NUMBER; (317) 236-2377
direct fax: (317) 592-4886
__~~II1et: burgin@icemiller.com
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Department of Community Services
Carmel City Hall
1 Civic Square, 3rd Floor
Carmel, Indiana 46032
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To Whom It May Concern:
Attached please find the following items with regards to Docket No. SE-36-01:
1. Proof of Publication in the Noblesville Daily Ledger;
2. Certified Mail Receipts of adjacent property owners notice;
3. Petitioner's Affidavit of Notice of Public Hearing; and
4. Notice of Public Hearing.
I have also included eight (8) packets for the Board which include Finding of Fact (ballot
sheet), Findings of Fact (question sheet), Statement of Special Use, Statement of Support, Location
Maps, and Plans. Please feel free to contact me should you need anything else provided to you.
Sincerely,
ICE MILLER
ieh~rz.~
Nichole R. B~O
Paralegal
Attachments
785851
cc: Timothy E. Ochs, Esq. (w/out encls.)
One American Square I Box 82001 I Indianapolis, IN 46282-0002 I P 317-236-2100 I F 317-236-2219 I www.icemiller.com
Indianapolis I Chicago I Kansas City I South Bend
q.
u
Johnson, Sue E
From:
Sent:
To:
Cc:
Subject:
Lillig, Laurence M
Monday, March 26, 2001 12:00 PM
Johnson, Sue E; Morrissey, Phyllis G; pattyn, Dawn E; Tingley, Connie S
Hahn, Kelli A; Dobosiewicz, Jon C; Hollibaugh, Mike P
Lattice Communications (SE-36-01)
The following Docket No. has been assigned and fees assessed for the Special Exception Petitions filed by Timothy
Ochs of Ice Miller Donadio & Ryan on behalf of Lattice Communications, LLC, for pole-mounted antennas on Gray Road:
SE-36-01
pole-mounted antennas $1050.00
The petition will be placed on the April 23, 2001, agenda of the Board of Zoning Appeals under Public Hearings.
Laurence M. Lillig,Jr.
Planning & Zoning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
Sue Ellen, please contact Mr. Ochs at 221-5952, and Nikki Burgin at 236-2377 with this information.
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Phone: 317.571.2417
Fax: 317.571.2426
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llilliG@ci.carmel.in.us
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