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Home My WebLink About006-339-24-2401-CUP-2023-006 Bond No.107796590 Tower Removal Bond KNOW ALL PERSONS BY THESE PRESENTS:That we TowerNorth Development, LLC a corporation duly organized under the laws of the State of , as Principal and Travelers Casua�and Suretysomnany ofAm�rica ,as Surety, are held and firmly bound unto SawyerCounyZoning as Obligee, in the amouni of Twenty Thousand Dollars and 00/100 (�20,000.00 ) for the payment of tivhicli, c�+ell and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmty by these presents, the liabiiity of the Surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. Whereas,the Principai has obtained written approvat from the Obligee for the construction and erection Of c1 WiI'EICSS CO1T1£T1UlI1Ca�lOA IOWEC IOCat�fl&� Parcel#006-339-24-2401 422W S TH "70" Park Falls WI 54552 W11022-A NFORK Now, therefore if the principat well and truly complies with the maintenance, replacement, removal or relocation of the tower from the aforementioned address within 30 days upon receipt of written notice fron� the Obligee, to remove, replace, modify, or relocate the tower from said premises then this obtigation is void otherwise to remain in fuil force and effect unless cancelled as set forth below: 1. It shall be a condition precedent to any right of recovery hereunder that, in the event of any default on the part of the Principal, a written statement of the particular facts of such default shall be,within Thirty(34)days,delivered to Surety at it Home Office located at One Tower Square , Hartford, CT 06183 by registered mail to the Surety and the Surety shall not be obligated to perform Principals obligation until sixty(60)days after Surety's receigt of such statement. 2. 'The surety may cancel this bond at any time by giving Thirty(30} days notice,by registered mail or overnight courier service to 10610 Main Street, Suite 49, Hayward, WI 54843 _ (Obligee). Such termination shall not affect liability incurred under this o6ligaiion prior to the effective date of such termination. 3. No action, suit, or proceeding shall be maintained against the Surety on this bond unless the action is brought�vithin twelve(12)months of the cancellation date of this bond. 4. Regardless of the number of years this bond may be renewed; in no event shall the liability of the Surety exceed the penal sum of this bond. 5. It is understood that the non-renewal of this bond by the Surety, or failure or inability of the Principal to file a replacement bond shall not constiiute a loss recoverable by the Obligee under this bond. Signed,sealed,and witnessed this 2�th day of June � 2023 TowerNorth Development, LLC Principal y� ��° t�- � �y: - W�t� - 1��bllqpiN!l91p/ �`'�yA'�Qsu��r� Tra ers Casualty and Surety Company ofAmerica ,�e� �,,.. a.w co , �,,� ��9 s Surety'} � . �� i?�RFrCJAJ,;<� a� CCNiJ,•��w :i By. '� .�C_��' � ' �L.'�' . l��-?� ��.��",�'ys�`�'�� ` Lee K. Michaud ,Atto ey-In-Fact mn�+�+�"� Surety Phone No. 860-277-0111 Traveters Casuaity and Surety Company of America ,,�,� Travelers Casualty and Surety Company TRAVELERS� St. Paul�re and Marine Insurance Gompany Farmin on Casual Com n POWER OF ATTORNEY KNOW AlL MEN BY THESE PRESENTS:That Traveiers Casualty and Surety Company of America,Traveders Casuafty and Surery Company,SY. Paul Fire and Manrie insurance Company, and Farmington Casualty Company are corporations duiy organized under the laws of the State of Connecticut (herein collectively called the"Companies"),arx3 thai the Companies do hereby make,constitute and appointLeeAnne K.Michaud of Columbia . MD . their true and lawfu!Attomey(s}in-Fact to sign,execute,seai and acknowledge the ioilowing bond: Surety Bond No.: 107796590 Princlpai: TowerNorth Development,LLC OR Obligee: Sawyer County Zoning Prqject Dascn�pGan:Tower Removal-Site ID No.WI1022-A NFORK Park Falls IN YVITNESS WHEREOF,the Companies have caused this instrument to be signed,and the+r corporate seals to be hereto affixed,this 21st day of April, 2021. ,.» ��g��`)Y� . �f`tq'�b ��'*) ?�,ASuq I. A��-. '\, (�, � �p {Q�. /f �6:, ��N�`�$ � Cd�ML G � ; j y s 2� O y''�` r f 'jd. �, '� � �c c�'�JL� yi1+..� f . � #� d'�y . �e► State of Connecticut By: City of Hartford ss. Robe .Raney,Senior Vice President On this the 21 st day aF April,2021,before me personaily a{�ared Robert L Raney,who acknowledged himsetf to be The Senior Vice President of each of the Companies,and that he,as such,be+ng suthorized so to do,executed the foregoing instrument f�the purposes thetein contairted by signing on behalf of said Compa�ies by himself as a duly authorized off�car. IN WITNESS WHEREOF,(hereunto set my hand and officiai seal. �l��G� My Commissian expires the 30th day of June,2026 � � ►�� Anna P.Nowik,Notary Public This Power of Attaney is granted under�►d by the autlwrity of the follawing resolutions adopted by the Boartis of Directors of each of the Companies, which resotutions are now in fiull face and effect,reading as tollows: RESOLVED,that the Chairman,the President,any Uce Chaicma�,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any AssistaM Treasurer,the Corporate Secretary or any Assistant Secretary may appoint A#omeys-in-Fact and Agents to acf tor and on behatf of the Company arxf may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bands,recognizances,contracts of indemn'sty,and other writings obligatory in the nature of a bond,eecognizance,a canditior�al undertaking,ar�arry aF said ofificers or the Board of Directas at any time may remove any such appointee and revoke the power given him or her;and k is FURTHER RESOLVED,that the Chairman,the Presiderrt,arty V�ce Chairman,any Executive Vice President,any Senior Vice President or any Vice Presiden4 may delegate all or any part of#he foregoing authority#o a�re or m�e officers or employees of this Company,provided tl�at each such delegation is in writing and a copy thereot is filed in the office ot the Secretary;and it is FURTHER RESOLVED,that any bond,recognizanee,contract of indemnity,or wriGng oWigatory in the nature of a bond,recognizance,or conditional undertaking shail be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President, any Senior V�e Presiden#or any Vice President, arty Secand Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested artd sealsd with the Company's seal by a Secxetary or Assistant Secretary;�(b)duly executed(under seal, if required)by one or mora Aitomeys-in-Fact and Agents pursuant to the power prescribed in his or her cert�ca2e or their cert�cates of autlmr{ty or by one or more Company officers pursuant to a written delegation of autharity;and it is FURTHER RESOLVED, that the signature of each o#the following offxers;President,any Executive Vice President,any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant 5ecretary,and the seal of the Company may be affixed by facsimile to any Power o#Attwney or to any certficate relating thereto appan6ng Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes onty of execx,ting and attesting bands and undertakings and other writings obligatory in the nature ther�f,and any such Power of Attomey or ce�cate bearing such facsimike signature ar facsimi�seal shall ba valid and binding up�the Company at�d any such pt>wer so executed and certified by such facsimile signature arid facsimile seal shall be valid and I�nding on the Company in the future wifh respeci to any bond or understantiing to which it is atiach�:d. I, Kevin E.Hughes,the undersigned,Ass�stant Secretary o#each of the Companies,do ht;reby cefify that the above and foregoing is a true and correct copy of the Power o#Attorney executesi by said Companies,which remains in full force and effed. Dated this 27th day of June , 2023. s� �� /�" � 6 � T ��--�� d� '�b � 2 �6U<s. � � .�FIARTFORO,i ?�f�...�. � x�� Z �r�'p� � �,t ca:H. a�, �1 c�w� a 9 8 2 0 ,G,..� ...�.�t.-...— �r•. �,,;�t *�,� y.� � �� * � ��,��;a Kevin E.Hug s,Assistant Secretary �/ y � H To vertfy Hre aud:�ticffy of thls Power of AKomay,p/esse catl us at 1-800-421-3880. Piease refer t�tF3e alsove-�amed A;h�mey(s}-in-Fact and the details of the bond to which this Power of Attomey Is atfacheci. SAWYE R COUNTY Conditional Use Applicatlon It23-0O6 Town of Draper • T0:Sawyer County Zoning&Canservation Administration 10610 Main Street,Suite#49 Hayward,W154843 Attn: Kathy Marks Email:kathy.marks@sawyercountygov.org Owner:Lynn Pohl&Diane Wasteleski Phone:�15339-2870 Email:pohllynn426Caigmail.com N12509 Cty Hwy F Phillips,WI 54555 Agent:TowerNorth Development,LLC&Verizon Wireless Phone:630.746-5433 Email:pgray(,almountainitd.com 26 E.Scranton Avenue N388 Lake Bluff,IL 60044 Property Description: Part of the SE'/.of the NW%;524,T39N,R03W;Parcel k006-339-24-2401;Tax ID#6012;39-93 total acres; Zoned Forestry One(F-1). Permit desired for construction of a 275 foot wireless communication tower with 5 foot lightning rod.7his will allow Verizon to improve customer experience Public Hearing date was April 28,2023 at 8:30AM in the Sawyer CouMy Courthouse. Application was approved wfth contingent of Town approva�. By Action of the Town Board,use is (K Approved ()Tabled (�Denied Yes No 1 Richard Burt,Chairman � �`- �-� ?✓ _ T othy Ke e viso e Beining,Supervisor ��.�'�3 Your Town Board decision is an integ�al part of the decision making process for the Sawyer County Zoning Commlttee. The 2oning Committee would like your cooperation in stating the reasons or comments why you approved, denied, or tabled the request. Re: CUP#23-006, Pohl-Wasieleski/Verizon Wireless � �p r � i'U. C Cl/ Dated this t��of iy (�� , 20�� Elizabeth Klein, Clerk I � I � � I S AWY E R �-P� �3 � ��' COUNTY + ��✓ L �,P Conditional Use Permit Re uest �� q � Sp�c STAFF REPORT S Prepared B�:Ja� Kozlowski,SaK��er Counh Zoning&Conservation Administrator File: # CUP 23-006 Applicant: Lynn Pohl N12509 Cth F Phillips, WI 54555 Agent: TowerNorth Development, LLC & Verizon Wireless GO Mountain, LTD. —Trish Gray Property Location & Legal Description: Town of Draper. Part of the SE '/ of the NW '/; 524, T39N, R03W; Parcel #006-339-24-2401; Tax ID #6012; 39.93 total acres; Zoned Forestry One (F-1). Purpose of Request: Construction of a 275' wireless communication tower with 5' lightning rod per Section 17.8 (B) (10) of the Sawyer County Zoning Ordinance and Sawyer County Telecommunication Ordinance in conjunction with WI State Stats. Project History/Summary of Request/Summary of State mobile tower siting regulations: With the new changes to WI Chapter 66.0404 mobile tower siting regulations including the changes in 2017 and in 2019 Counties are somewhat limited in local regulations as long as the applicant or mobile service provider comply with the provisions and regulations specified in 66.0404. The Sawyer County Telecominunication Ordinance would not be compliant at this point to State Statutes and the State Statutes would need to be followed. The only element that the Sawyer County Zoning Telecoinmunication Ordinance is utilizing is that a Conditional Use Permit is required for a telecommunication facility. Per the regulations established in 66.0404(2)(b) the application process which a person must complete to engage in the siting, construction, ar modification activities shall be in writing and shall contain all of the following information: 1. The name and business address of, and the contact individual for, the applicant. (included in attached plans) 2. The location of the proposed or affected support structure. (included in attached plans) 3. The location of the proposed mobile service facility. (included in attached plans) • � > > > > , � , . (new structure-not applicable) 5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure. (included in attached plans) 6. If an application is to construct a new inobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdenso�ne to the mobile service provider. (included as separate letter in packet) The Sawyer County Zoning Administrator has deemed that the application is complete. Within 90 days of its receipt of a complete application (January 26, 2023), a political subdivision (Sawyer County) shall complete all of the following or the applicant may consider the application approved, except that the applicant and the political subdivision may agree in writing to an extension of the 90 day period. The Town Board was unable to hear this CUP due to Town Board members resigning. In any case, the Sawyer County Zoning Committee should still make a decision for this CUP. If the decision is to approve the Coinmittee can make a condition that it would also require Town Approval. 1. Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances. (All other determinations have been tentatively approved by the Zoning & Conservation Department including setbacks, floodplains, and other County Zoning Ordinances not subject to the limitations described later in this staff report) 2. Make a final decision whether to approve or disapprove the application. 3. Notify the applicant, in writing, of its final decision. 4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. • A political subdivision may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn state�nent. • A party who is ag�-ieved by the final decision of a political subdivision may bring an action in the circuit court of the county in which the proposed activity, which is the subject of the application, is to be located. • If an applicant provides a political subdivision with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the political subdivision provides the applicant with substantial evidence that the engineering certification is flawed. (The proposed tower height would be 250' and would be located 130' to the closest setback line. The applicant has provided a letter from a professional engineer indicating that even though the tower would be within the fallzone of a setback line that the tower is designed to collapse with a radius less than or equal to 125'. If the committee accepts this engineering certificate a greater setback distance than 130' from a setback line may not be imposed.) 66.0404(4) Limitations: With regard to an activity described for new construction a political subdivision may not do any of the following: • Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers. • Enact an ordinance imposing a moratorium on the permitting, construction, or approval of any such activities. • Enact an ordinance prohibiting the placement of a mobile service support structure in particular locations within the political subdivision. • Charge a mobile radio service provider a fee in excess of$3,000 for new construction. • Charge a mobile radio service provider any recurring fee for new constnzction or a class 2 collocation. • Permit 3rd party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits ar applications. • Disapprove an application to conduct an activity based solely on aesthetic concerns. • Disapprove an application to conduct a class 2 collocation on aesthetic concerns. • Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality. • Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the political subdivision which fall into disuse. There is a rebuttable presumption that a surety requirement of$20,000 ar less complies with this paragraph. • Prohibit the placement of emergency power systems. • Require that a mobile service support structure be placed on property owned by the political subdivision. • Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting. • Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the political subdivision at less than the market rate, or to provide the political subdivision other services via the structure or facilities at less than the market rate. • Limit the duration of any permit that is granted. • Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation. • Disapprove an application based on an assessment by the political subdivision of the suitability of other locations for conducting the activity. • Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power. • Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures. • Consider an activity a substantial modification if a greater height is necessary to avoid interference with an existing antenna. • Consider an activity a substantial modification if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable • Limit the height of a mobile service support structure to under 200 feet • Condition the approval of an application on, or otherwise require,the applicant's agreement to indemnify or insure the political subdivision in connection with the political subdivision's exercise of its autharity to approve the application. � • Condition the approval of an application on, ar otherwise require, the applicant's agreement to permit the political subdivision to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, a political subdivision ar an entity in which a political subdivision has a governance, competitive, economic, financial or other interest. Additional information for Conditional Use Permits: Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion. If an applicant agrees to meets all of the requirements and conditions specified in the county ordinance or those imposed by the county zoning board, the county shall grant the conditional use permit. Any condition imposed �nust be related to the purpose of the ordinance and be based on substantial evidence. T11e conditions inust be reasonable and, to the extent practicable, ineasurable. The applicant must de�nonstrate that the application and all requirements and conditions established by the county relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The county's decision to approve or deny the permit inust be supported by substantial evidence. Possible Conditions for ApprovaL• (choose from list below) (add or delete from list below) 1 Land Use Permit for telecoininunication facility is required. (LUP submitted pending CUP approval) 2 Prior to issuing the Land Use Permit the applicant or owner of the telecommunication facility shall provide a bond,irrevocable letter of credit,of their suitable financial guarantee as to ensure the removal of facility if it falls into disuse and restoration back to pre- construction state in the alnount of$20,000. 3 All other town, County, State, Federal Laws are followed. Including Town approval of the CUP case. Findings of Fact for Approval: (choose from list below) 1 It would not be significantly damaging to the rights of others or property values 2 It would not be detrimental to ecology, wild life, wetlands or sharelands. 3 It would not create an air quality, water supply, or pollution problein. 4 It would not create topographical problems such as run off, drainage, erosion, flooding, or vegetative cover removal. 5 It would not create traffic or highway access problems. 6 It would not destroy prime agricultural lands. 7 It would be compatible with the surrounding uses and the area. 8 It would be compatible with the Town and County Comprehensive Plan 9 It would not create an objectionable view. Findings of Fact for Denial: (choose from list below) 10 It would be significantly damaging to the rights of others and property values. 11 It would be detriinental to ecology, wild life, wetlands or shorelands. 12 It would create an air quality, water supply, or pollution problem. 13 It would create topograpllical problelns such as run off, drainage, erosion, flooding, or vegetative cover removal. 14 It would create traffic or highway access probleins. 15 It would destroy prime agricultural lands. 16 It would not be compatible with the surrounding uses and tlle area. 17 It would not be compatible with the Town and County Comprehensive Plan. 18 It would create an objectionable view. S A W Y E R S--. — � �`ts ,:,�—. C C) U N l Y ;U�� J��1� �� ., 1AN 2 f� �023 Conditional Use Publ(c Hearing Application i SAl"J}", ----. I O:Sawycr County Zoning and Conservation Administration '�^"�'V".';-,,,", ,'.��'�� 10610 Main Street Suite 49 Hayward,Wisconsin 54843 Attn: Kathy Marks E-mail:kathy.marks@sawyercounrygov.org Property Owner Name&Address: _lynn Pohl and Diane M Wasieleski 422W State Highway 70 o— r�efa�,� Phonc: ��5)339-2870 Email: pohllynn426@gmail.com Property destription including Parcel Number: The southeast quarter of the northwest quarter,section 24,township 39 north,_ra�n��e��3_west town of Dra er Sawyer oun y, isconsin,ER(7EPTl�ig�in arra�e�C in�oTme 45 ,S page as ocument -ht� 5�-606-2=39=032�2 V4- - vermic desired for: `Edit:TowerNorth Development,LLC and Verizon Central,LLC seek Conditional Use Permit Verizon.Central LLC("Veri�on")c_eeks Conditional 11sP PPrmit:jpproval in�onctru�t a 975-fnnt wiralPcc communications tower with a five(5)foot lightnfng rod on the property located on State Highway 70. Tfie purpose�t e aci i y is o a ow enzon to improve its customer experience in the vicinity of the p�6ptisetl t3c5tity- wy�C�n y n e pr pe y is zone ores ry ne - . rn��o�•r vnor R c�on Owner Print&Sign Signature of property owner(s)required. �he undersigned person�s)hereby give permission for access to the praperty for inspection by Municipal Officials,Sawyer County Zoning Staff and Sawyer County Zoning Committee members if needed. Namc,Address,Phone&Email of Agen[or Buyer. TowerNorth Development,LLC and Verizon Wireless cTo oun ain ris ray — �6 E.6erenEen Rvenae#188 Lake Bluff.IL 60044 (630)746-5433 Fec 5350.00 Date of Public Nearing: Rev January 2021 --------._..__ _,� .�...<< . �,��. -a� _.___ _ ; .;, . . ..... . .. ...._ . ._,..,:�. E...u. ,�`.'nw_j.,u.wae�i.u.i te.'�____�_. . _-.w�.y�a.M�s.i.l+. .,*Se�rCrV�+ral , e1.[Ap+1/ tt;Mr>��,ly�St�9'+ •l�ge]weSi ICaN��•. .,,-.-.� "xCTR"1�1t 19sN�an�U�UR�m ,:'At�'o Itl_p�7!R10��M � . .,. . „ . 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M.wM.�Rl�`! 1�, a�'vMITT ..__.. .'�,ids,.r�TfiY�ni�. .�its5 . . ._ .,_ _.—�—_.—._----.�.,__�.__.-- .+.L :..�+owww..�a�N► .. .. .__--. ___. . __...___.... ...........__._..__..._'__'_�- ..�r3b�'.4lG�Sii'l _------_.____. . . ._. __. . . ._.... ...._...__._..._.__�.-._.____. c�;.as°.iYi � -s—._..--- _ . .._ ._.. __ _...._--...__._�__._._,.,_. 1/26/23, 11:04 AM Real Property Listing Page R2al Estate Sawyer County Property �isting Property Status: Current Today's Date: 1/26/2023 Created On: 2/6/2007 7:55:11 AM �'Description Updated: 12/10/2008 � Ownership Updated: 12/10/2008 Tax ID: . 6012 LYNN POHL PHILLIPS WI PIN: 57-006-2-39-03-24-2 04-000-000010 DIANE M WASIELESKI PHILLIPS WI Legacy PIN: 006339242401 Map ID: .8.1 Billing Address: Mailing Address: Municipality: (006)TOWN OF DRAPER LYNN POHL LYNN POHL STR: S24 T39N R03W N12509 CTH F N12509 CTH F Description: PRT SENW PHILLIPS WI 54555 PHILLIPS WI 54555 Recorded Acres: 39.930 Calculated Acres: 36.354 j�' Site Address * indicates Private Road Lottery Claims: 0 422W STATE HWY 70 PARK FALLS 54552 First Dollar: Yes Zoning: (F-1) Forestry One � property Assessment Updated: 8/22/2076 ESN: 4Z9 2023 Assessment Detail Code Acres Land Imp. 'µ"` Tax Districts Updated: 2/6/2007 G1-RESIDENTIAL 1.000 4,500 11,700 1 State of Wisconsin G6-PRODUCTIVE FOREST 38.930 49,100 0 57 Sawyer County 006 Town of Draper 2-Year Comparison 2022 2023 Change 576615 Winter School District Land: 53,600 53,600 0.0°io 001700 Technical College Improved: 11,700 11,700 0.0°io Total: 65,300 65,300 OA°io 3 Recorded Documents Updated: 1/18/2023 QUIT CLAIM DEED Date Recorded: 2/4/1997 259044 596/213 �Property History MAP OF SURVEY N/A _ _ Date Recorded: 12/19/2022 24393-6 https://tas.sawyercountygov.org/system/frames.asp?uname=Jay+Kozlowski 1/1 OOti339133101 00633913J2�1 006359135201 0063397St 101 ��`- 1.1�• V� 0063392J21U1 00&139242T61 � " 0063]9241101 ��,;� ��Ok� � Cn6339231 A01 '�\n�/�d� �,l�� 00633924T401`�-a u D�qoe: RQ �L � Z ,9� y� L N ' 0 0063392934011 ��,� � 006339243107 F.y�� 006339244201 6063392�5101 5�, �°-;seari yS�" • � �aJ. 0 200 400 600fl . 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E r � { ��' - F;. `� -o : X " � t ' .� � _ �, � a ; � � , 4 z�. `��' `� ` � fi '__fgy5 zA: � •[, - � taJ 1 *�P, � � � � �� - ,��v�".�n : r e r. a,�i�• + : g+F � �! �� ti $ �..F +-'" a ✓ a� .+"f�"i� ��,*y �l .=a y � py�*. � 'n . �i ��'� . s'o _. � ��4t yr� r'<'-3' �� t a,�,t:r�. w t('A #� 'X � � •x = . .4�s Y'� ^4. \ y� �i R -t � r' r a �^r.k'f'tn ti �,�i � �l �.4 t :+,3'.� �e t _ -<''4 � .i,' 7''"�a"..�Y"� r�...{�'y. .c - ` ix s �. 3` f:f � _ e.. � 'p",,s.r .. o.'.' 4 - • � h : � � . . •'��. � a�;, sy,�,..� - ��.�t'+ �� = � �. ✓- e w�7 F - F �c—d-�r� �: , u ,�R p � .� ."" r.!.. �r+.e�� .t� ..Yi�4s.'�.�_ ^ `t' '^s SabrE IndustriEs" Towers and Poles January 9, 2023 Liz Rutkowski Site Development Manager TowerNorth 750 W Center St, Floor 3 West Bridgewater, MA 02379 RE: Proposed 275' Sabre Self-Supporting Tower for WI1022-A NFork, WI Dear Ms. Rutkowski, Upon receipt of order, we propose to design a tower for the above referenced project for a Basic Wind Speed of 106 mph and 50 mph with 1.5" radial ice, Risk Category II, Exposure Category C, and Topographic Category 1 in accordance with the Telecommunications Industry Association Standard ANSI/TIA-222-H, "Structural Standard for Antenna Supporting Structures and Antennas". When designed according to this standard, the wind pressures and steel strength capacities include several safety factors. Therefore, it is highly unlikely that the tower wili faii structural�y in a wind event where the design wind speed is exceeded within the range of the built-in safety factors. Should the wind speed increase beyond the capacity of the built-in safety factors, to the point of failure of one or more structural elements, the most likely location of the failure wouid be within one or more of the tower members in the upper portion. This would result in a buckling failure mode, where the loaded member would bend beyond its elastic limit (beyond the point where the member would return to its original shape upon removal of the wind load). Therefore, it is likely that the overall effect of such an extreme wind event would be localized buckling of a tower section. Assuming that the wind pressure profile is similar to that used to design the tower, the tower is most likely to buckle at the location of the highest combined stress ratio in the upper portion of the tower. This would result in the portion of the tower above the failure location "folding over" onto the portion of the tower below the failure location. Please note that this /etter only applies to the above referenced tower designed and manufactured by Sabre Towers & Poles. in the unlikely event of total separation, this would result in a fail radius less than or equal to 74 feet. �SCON f� Sincerely, •• Y R. � ERBST z ' � E-38026 ;� � Amy R. Herbst, P.E. 9p�.,S� AC�� Senior Design Engineer �.�� SS��NA1.�a� / '��/�� l Sabre Towers and Poles• 710] Snu[hbridge Drive• P.O.Box 658 •Sioux City,IA Sri02-0658 P: 712-258-6690 F: 712-279-0814 W:www.SabreTowersandPoles.com � � MOUNTAIN,LT0. 26 E. Scranton Avenue, tl188 Lake Bluff, IL 60044 I January 23, 2023 Sawyer County Zoning Attn:Jay Kozlowski 10610 Main Street, Suite 49 Hayward, WI 54843 RE: Wisconsin Statutes Chapter 66.0404 Mobile Tower Siting Regulations 2.B.(6)/No Existing Structures that Achieve Verizon's Network Objective/Telecommunications Tower Facility on Parcel N57-006-2-39- 03-24-2 04-000-000010/State Highway 70 Park Falls, WI [NFORK WI1022-A] Dear Mr. Kozlowski, After evaluating Verizon Wireless's search area in which it is seeking to install new telecommunication antennas,no existing structures were located that would allow Verizon to achieve its network objective.As a result, the proposed telecommunications tower facility is required to allow Verizon to improve its customer experience and address i[s network objective. If you have any questions regarding this request, please contact me directly at (630)746-5433 or ra mountainitd.com. Sincerely, Trish Gray Agent on Behalf of Verizon Wireless MOUNTAIN LTD. � MOUNTAIN,�TD. January 24, 2023 Sawyer County Zoning & Conservation Attn:Jay Kozlowski 10610 Main Street, Suite 49 Hayward, WI 54843 Mr. Kozlowski, The scope of work for the new TowerNorth and Verizon site located off State Highway 70 Park Falls, WI includes the construction of a new 275' tower with antennas, ground equipment, and ancillary equipment within a fenced compound. The purpose of this facility is to allow Verizon to improve its customer experience in the vicinity of the proposed facility. The following documents have been included for your review: • Check#115656 for the Conditional Use Permit Application Fee • 1 Conditional Use Narrative • 1 set of Construction Drawings • 1 Fall Zone Letter • 1lustification Statement—No Existing Towers • 1 Completed Conditional Use Application • 1 Photo of the Signed Conditional Use Application If there is any additional information required or questions regarding this submittal, please contact me directly at (630)746-5433 or p�rav@mountainitd.com. Sincerely, Trish Gray Agent on Behalf of Verizon Wireless MOUNTAIN LTD. Conditional Use Application for TowerNorth Development, LLC and Verizon Wireless for a 275 ' Communications Tower located on 422W State H ighway 70 Pa rk Fa I Is , W I 54552 : . . � . � • • • . . 1 . � __ _ _ _ _ __ _ _ _ _ TABLE OF CONTENTS PAGE SUMMARY OF PROPOSED CONDITIONAL USE . _. 1 COMPLIANCE WITH WISCONSIN STATUTES CHAPTER 6C.O4O4 MOBILE TOWER SITING REGULATIONS 2 APPLICATION EXHIBITS: EXHIBIT A: CONSTRUCTION DRAWINGS WITH SITE PLAN EXHIBIT B: FALL ZONE LETTER EXHIBIT C: JUSTIFICATION STATEMENT-NO EXISTING TOWERS EXHIBIT D: CONDITIONAL USE APPLICATION _ _ _ SUMMARY OF PROPOSED CONDTIONAL USE APPROVAL FOR A 280'COMMUMCATIONS TOWER TowerNorth Development,LLC("TowerNorth")and Verizon Central LLC("Verizon")seek Conditional Use Permit approval to construct a 275-foot wireless communications tower with a five(5)foot lightning rod on the property located on State Highway 70 with a property tax ID number of 57-006-2-39-03-24-2 04- 000-000010.The purpose of the facility is to allow Verizon to improve its customer experience in the vicinity of the proposed facility. The property is located in Sawyer County and the property is zoned Forestry One(F-1). The property is owned by Lynn Pohl and Diane M.Wasieleski. Verizon's antenna and ancillary equipment will be mounted at the 270'elevation. The tower will be capable of holding four additional co-locators at lower elevations.The tower will be enclosed within a 75' x 75'fenced area within the 100'x 100'lease area. Within the compound,Verizon will install its ground equipment along with a generator and hand hole/pull box for its fiber equipment.The compound will be enclosed by a fence and accessed only through a locked gate. The site is an unmanned facility;therefore, no water or sewage service is necessary.The tower and compound will be accessed from State Highway 70(see Exhibit A). If Sawyer County approves the Conditional Use Permit for TowerNorth and Verizon,the enhancement of Sawyer County's public safety system and the improved E-911 services from Verizon will improve public safety in the County. A few reasons for the need and benefit of the installation to the community are below: • More than 75%of prospective home buyers prefer strong cellular connections when buying a home(Rootmetrics,June 2015). • 35%of Americans reach for their smartphone first in the morning(CTIA,July 2015), underscoring the importance of in-building coverage. • In the United States,mobile data traffic will grow 7-fold from 2014 to 2019,a compound annual growth rate of 47%.(Cisco VNI Mobile Forecast Highlights,2014-2019,October 2015) • In the US,there are 355 million wireless devices for 319 million residents.(CTIA,"Facts and Infographics,June 2015). Robust public safety services enhance the general welfare of the community by reducing emergency responder's response times to life/safety emergencies. COMPLIANCE WITH SAWYER COUNTY CONDITIONAL USE PERMIT STANDARDS: CHAPTER 66 REGULATION SECTION 66.0404 MOBILE TOWER SITING REGULATIONS TowerNorth and Verizon have met all the standards pursuant to Wisconsin State Statute Chapter 66 General Municipality Law Subsection IV Regulation Section 66.0404 Mobile Tower Siting Regulations. Per conversation with Jay Kozlowski,Sawyer County Zoning&Conservation Administrator,the Sawyer County Ordinance is out of date and the Wisconsin Statute should be used in conjunction with the Sawyer County Conditional Use Public Hearing Application. Therefore, granting TowerNorth and Verizon's requested conditional use permit approval is the only appropriate determination. Subdivision 2: New Construction or Substantial Modification of Facilities and Support Structures A. Subject to the provisions and limitations of this section, a political subdivision may enact a zoning ordinance under s. 59.69, 60.61, or 62.23 to regulate any of the following activities: 1. The siting and construction of a new mobile service support structure and facilities. 2. With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities. * TowerNorth and Verizon's proposed installation falls under Subdivision 2.A.1 as a new mobile service support structure and facilities. B. If a political subdivision regulates an activity described under par. (a), the regulation shall prescribe the application process which a person must complete to engage in the siting, construction,or modification activities described in par. (a).The application shall be in writing and shall contain all of the following information: 1. The name and business address of, and the contact individual for, the applicant. * TowerNorth and Verizon have included this information (Page T-1, Exhibit A) 2. The location of the proposed or affected support structure. * TowerNorth and Verizon have included this information (Page LP, Exhibit A) 3. The location of the proposed mobile service facility. * TowerNorth and Verizon have included this information (Page LP, Exhibit A) 4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters,receivers,base stations, power supplies,cabling,and related equipment associated with the proposed modifications. * Not applicable to this application 5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas,transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure. * TowerNorth and Verizon have included this information (Pages C-5 thru VW EX-1, Exhibit A) 6. If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality,coverage, and capacity; is technically infeasible;or is economically burdensome to the mobile service provider. * TowerNorth and Verizon have included this information (Exhibit C) C. If an applicant submits to a political subdivision an application for a permit to engage in an activity described under par.(a�,which contains all of the information required under par. (b�, the political subdivision shall consider the application complete. If the political subdivision does not believe that the application is complete, the political subdivision shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is co m pl ete. * All conditional use permit conditions have been met and granting the conditional use is the only proper decision pursuant to the County's ordinance. D. Within 90 days of its receipt of a complete application, a political subdivision shall complete all of the following or the applicant may consider the application approved, except that the applicant and the political subdivision may agree in writing to an extension of the 90 day period: 1. Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances. 2. Make a final decision whether to approve or disapprove the application. 3. Notify the applicant, in writing, of its final decision. 4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. * All conditional use permit conditions have been met and granting the conditional use is the anly proper decision pursuant to the County's ordinance. E. A political subdivision may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under par. (b) 6. * Verizon has evaluated the feasibility of collocation within the search ring and provided a sworn statement with this application. (Exhibit C) F. A party who is aggrieved by the final decision of a political subdivision under par. (d) 2. may bring an action in the circuit court of the county in which the proposed activity, which is the subject of the application, is to be located. * All conditional use permit conditions have been met and granting the conditional use is the only proper decision pursuant to the County's ordinance. G. If an applicant provides a political subdivision with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the political subdivision provides the applicant with substantial evidence that the engineering certification is flawed. * A Fall Zone Letter is included with this submission demonstrating that the tower is designed to collapse within a smaller area than the setback or fall zone area required. (Exhibit B) H. A political subdivision may regulate the activities described under par. (a) only as provided in this section. * No response needed. I. If a political subdivision has in effect on July 2,2013, an ordinance that applies to the activities described under par. (a) and the ordinance is inconsistent with this section, the ordinance does not apply to, and may not be enforced against, the activity. * No response needed. Subdivision 3: Collocation on existing support structures * No response needed—does not apply to this application. Subdivision 4: Limitations * No response needed by applicant — Subdivision 4 pertains to the Limitations a political subdivision must abide by and is included for reference only. With regard to an activity described in sub. 2 a or a class 2 collocation, a political subdivision may not do any of the following: � A. Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers. B. Enact an ordinance imposing a moratorium on the permitting, construction, or approval of any such activities. C. Enact an ordinance prohibiting the placement of a mobile service support structure in � particular locations within the political subdivision. D. Charge a mobile radio service provider a fee in excess of one of the following amounts: 1. for a permit for a class 2 collocation, the lesser of$500 or the amount charged by a political subdivision for a building permit for any other type of commercial development or land use development. 2. For a permit for an activity described in sub. 2 a , 53,000. E. Charge a mobile radio service provider any recurring fee for an activity described in sub. f� �a] or a class 2 collocation. F. Permit 3rd party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications. G. Disapprove an application to conduct an activity described under sub. 2 a based solely on aesthetic concems. GM. Disapprove an application to conduct a class 2 collocation on aesthetic concerns. H. Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality. I. Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the political subdivision which fall into disuse. There is a rebuttable presumption that a surety requirement of $20,000 or less complies with this paragraph. J. Prohibit the placement of emergency power systems. K. Require that a mobile service support structure be placed on property owned by the political subdivision. L. Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting. M. Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the political subdivision at less than the market rate, or to provide the political subdivision other services via the structure or facilities at less than the market rate. N. Limit the duration of any permit that is granted. 0. Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation. P. Disapprove an application based on an assessment by the political subdivision of the suitability of other locations for conducting the activity. Q. Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power. R. Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures. S. Consider an activity a substantial modification under sub. 1 s 1. or 2. if a greater height is necessary to avoid interference with an existing antenna. T. Consider an activity a substantial modification under sub. 1 s 3. if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable. U. Limit the height of a mobile service support structure to under 200 feet. V. Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the political subdivision in connection with the political subdivision's exercise of its authority to approve the application. W. Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the political subdivision to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by,whether in whole or in part, a political subdivision or an entity in which a political subdivision has a governance,competitive, economic, financial or other interest. Subdivision 4:Setback Requirements * A Fall Zone Letter is included with this submission demonstrating that the tower is designed to collapse within a smaller area than the setback or fall zone area required. (Exhibit B) A. Notwithstanding sub. 4 r and subject to the provisions of this subsection, a political subdivision may enact an ordinance imposing setback requirements related to the placement of a mobile service support structure that applies to new construction or the substantial modification of facilities and support structures, as described in sub. f�. B. A setback requirement may apply only to a mobile service support structure that is constructed on or adjacent to a parcel of land that is subject to a zoning ordinance that permits single-family residential use on that parcel. A setback requirement does not apply to an existing or new utility pole, or wireless support structure in a right-of-way that supports a small wireless facility, if the pole or facility meets the height limitations in s. 66.0414 (2) (e) 2. and 3. C. The setback requirement under par. jb]for a mobile service support structure on a parcel shall be measured from the lot lines of other adjacent and nonadjacent parcels for which single-family residential use is a permitted use under a zoning ordinance. D. A setback requirement must be based on the height of the proposed mobile service support structure, and the setback requirement may not be a distance that is greater than the height of the proposed structure. Subdivision 5:Applicability. If a county enacts an ordinance as described under sub. f�the ordinance applies only in the unincorporated parts of the county, except that if a town enacts an ordinance as described under sub. ll after a county has so acted,the county ordinance does not apply,and may not be enforced, in the town, except that if the town later repeals its ordinance, the county ordinance applies in that town. * No response needed. � , � Kathy Marks From: Elizabeth Klein <clerk@townofdraperwi.gov> Sent: Thursday, April 6, 2023 3:34 PM To: Kathy Marks Cc: Steve Beining; Tim Kelley Subject: Town of Draper :,'+" 'I�:`� This email originated from outside of the organization. Do not click links or open attachments unless you recognize the ; sender and know the content is safe. Dear Kathy, I am writing to let you know that the Town of Draper board is unable to convene on April 10 due to two unexpected resignations. We will be unable to move on the CUP#23-006, Pohl &Wasieleski until May 82h when our new elected officials have their first meeting. I apologize for the inconvenience. I have CCd the incoming town board supervisors so they know to expect this item of business.Thanks! Liz Elizabeth Klein Clerk,Town of Draper 6994N Main St., Loretta WI 54896 (715) 266-2110 clerk@townofdraperwi.�ov This message is from an external email source. Do not click links or open attachments unless you are certain the content is safe. If you have any doubts or concerns about an email, don't hesitate to contact Sawyer County IT. i • Kathy Marks From: Elizabeth Klein<clerk@townofdrapenvi.gov> Sent: Thursday,April 6,2023 3:30 PM To: Patricia Gray Ct: Kathy Marks Subject: RE:CUP#23-006,Pohl&Wasieleski CAU fION�.This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Trish-Our board resigned so the April 10 meeting is canceled.I spoke with Kathy and she said it will need to be postponed a month until the new board is seated and can vote on it,at the May 8`"meeting.I apologize on behalf of the Town of Draper,we have experienced a shake up and a contentious election here.Please check in with me again in advance of the May 8`h meeting-hopefully we will be back on track! Liz Elizabeth Klein Clerk,7own of Draper 6994N Main St.,Loretta WI 54896 (715)266-2110 derk@townofdraoerwi.�ov From:Patricia Gray<pgray@mountainitd.com> Sent:Thursday,April 6,2023 8:41 AM To:Elizabeth Klein<clerk@townofdraperwi.gov> Cc:NTP Modifications<modifications@mountainitd.com>;Anthony Puleo<apuleo@mountainitd.com> Subject:FW:CUP#23-006,Pohl&Wasieleski Good Morning Liz, Kathy recommended I reach out to Town of Draper for dates and times of ineetings that we would need to attend for the attached CUP. Tony(copied)attended the first meeting on March 13 and we were informed that a representative would need to attend the April 10 town board meeting. Could you please provide the zoom/call-in number for the April 10 meeting? Thank you, 7rish Gray Project Specialist,Permitting/Site Acquisition � MOUNTAIN,LT0. Cell:630-746-5433 1 � � . SAWYE R COUNTY Sowyer County Zoning and Conservo[ion Administro[ion 10610 Main Street, Suite fJ49 Hayward, Wis[onsin 54843 (715J 634-8288 E-Mail:Kothy.moiks@sowyercautygov.org March 20, 2023 NOTICE OF PUBLIC HEARING DATE CUP d23-006, Lynn Pohl& Diane Wasieleski/Agent:Verizon Central LLC Your application for a Conditional Use will be considered at a Public Hearing before the Sawyer County Zoning Committee on April 28,2023.This Hearing will begin at 8:30 A.M. in the Sawyer Coun[y Courthouse, 10610 Main Street, Hayward,Wisconsin. It is recommended that either you or a representative be present at the Hearing. Enclosed is virtual attendance information. A lack of information about the application may result in unnecessary delay of a decision. Failure to appear may also result in the denial of the application. If it is impossible for you or a representative to be present, please submit a written statement directed to lesse Boettcher, Chairman of the Zoning Committee addressed to this office. The statement should include your proposed intentions or purpose of the request and a description of the general terrain and surrounding development.Indicate how the proposal would not be contrery to thepublic interest. Photogrephs of fhe property and surrounding area are encoureged. Vour application will also go before the Town Board for their review. Some townships also have a Planning Commission.Please contact the Town Clerk,Elizabeth Klein at 715-266-2110 or email at clerk@townotdreper.com for the day and time of the Planning Commission and Town Board meetings fo r your at[endance or[he at[endance oi your agent. PLEASE NOTE: If approval is granted, a permit may be required. Land Use Applications may be obtained from the Zoning Office or our website. L��tj� Kathy Marks Deputy Zoning&Conservation Administrator Enc.