Verizon/Elysburg Fire Hall Cell Tower Going Up in Town

Supervisors unable to explain 'health and safety issue' and interference with 911, that allegedly requires a cell tower on Mill.

Supervisors refused to explain (as did Harvey Boyer, Chief of the Mill St. Firehall), what 911 interference has created an emergency health and safety issue, requiring a 90' cell tower in Village Center on Mill St.

What's the difference between a Board of Supervisors and Township Manager? 

Also, leaders at the Supervisors meeting insisted that 'there are many ways' to get a variance, and that a variance does not require proof of hardship. Is that true? No. 

Criteria for Granting a Variance
Under the Pennsylvania Municipalities Planning Code (MPC), a zoning hearing board "may grant a variance, provided that all of the following findings are made where relevant in a given case:

1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.
2. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable reasonable use of the property.
3. That such unnecessary hardship has not been created by the appellant.
4. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
5. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue."

In addition, a zoning hearing board, when granting a variance, may attach reasonable conditions and safeguards that it may deem necessary to implement the purposes of the MPC and the zoning ordinance.
Pennsylvania appellate courts have summarized the variance criteria by stating that a variance should be granted only where it is not contrary to the public interest and where the property involved is subjected to an unnecessary hardship unique or peculiar to itself, and not to general conditions in the neighborhood, which may reflect the unreasonableness of the zoning ordinance. Further, courts have held that zoning hearing boards may only grant variances for reasons that are substantial, serious and compelling. A landowner’s mere economic hardship is not permitted to pursue his plan does not support the grant of a variance

Supervisor Madera was the most vocal at this meeting against discussing the issue. He also responded to a letter to the editor that chastised the Zoning Board and media for ushering in this illegal Zoning Decision, by listing things he likes about Elysburg. It was refreshing to hear a Supervisor finally name some identifying qualities of our community (after much talk of Elysburg being a 'bedroom community' where people don't want to talk to their neighbors, walk through town, or have small businesses on Market Street). Check out the write-up about it in News-Item. 

Our unique community history and organizations are not the fruits of the Supervisors -- they are the fruits of the citizenry. A citizenry who deserve recognition, respect, and investment. Why are we making up 'health and safety' issues to put up a cell tower in our town?? The revenue for the Firehall will be a paltry $18,000 a year. For comparison, Supervisors have allocated tens of thousands of dollars for new mats (twice), plus a new kitchen, a scissor lift (up to $6,000), and a 'big ass fan' for $10,000. Surely we can fund the Firehall without ruining the character of Village Center.

Where are local leaders getting their priorities?

Keep reading for background on Cell Tower Issue:

The Ralpho Township Zoning Hearing Board Approved a Verizon Variance Application to Install a 90ft. Cell Tower in the Village Center District, Downtown Elysburg

Letter to the Editor, printed 6/14 Note: the paper changed the letter to state that Verizon was seeking to address capacity issues in a 20 mile radius around the Firehall -- No, they cited a 2, yes, 02 mile radius they wanted to fix. If you can't access the article, click here.

Several adjoining property owners objected to granting the variance. Reasons included safety issues, resale values of homes, quality of life issues, affects on a planned business, eroding the character of the neighborhood, and the existing coverage in the area which is good.

Initially, Verizon stated that it wanted to get ahead of future capacity issues in a 2 mile area around the Fire Hall on Mill st., and secure traffic connection for tourists heading to Knoebels over the summer months. Verizon insisted that the only location for the tower was at the Fire Hall because of the targeted 2 mile area in which they wanted increased capacity.

After threat of appeal, Verizon changed it's need for variance and claimed that lack of coverage in the Elysburg area created a safety and health hazard, because 9-11 calls might be dropped and affect the Fire Hall's ability to carry out its business.

The Rapho Township Zoning Board dicision states:

"There is substantial evidence that there is an unnecessary hardship based upon the current lack of reliable service and capacity issues in the Township, the same interfering with emergency services resulting in a health and safety issue."

However, routing 911 calls is not a function of the Elysburg Fire Hall, they said so themselves in the hearings (starting at 53:20 on this YouTube video).  In fact, Northumberland County entered an $8.5million contract with Motorola in 2013 to install next generation equipment for 911 in the entire county, including Elysburg.

Steve Jeffry, head of Northumberland County Emergency Management, stated in a phone call that he is not aware of any instance of lack of coverage in the Elyburg area interfering with emergency services, or causing a health and safety issue.

Check out the local news articles, and public notices chronicling the Motorola transition:
Initial announcement on contract, 2013
Background information and maps concerning the Motorola contract and Elysburg coverage
January 1, 2017 article on getting the new system online in early 2017
January 23, 2017 article update on getting new Motorola system in service

In addition to the $8.5 million we are paying for at the county level for new Firefighter and 911 communication services, the Federal government entered a $6.5 billion contract with AT&T for enhanced Firefighter and 911 coverage that will be in service at the end of 2017.


Neighbors had planned to appeal, however consult with a lawyer after the Board's decision brought up 3 significant barriers.

1. Though the lawyer who was consulted said that the decision does not hold up to legal standards -- and that an appeal could legally be won -- if the politicians in power wish to decide in favor of the Fire Hall, the appeal process could go on until the case was in an impartial courtroom.

2. Verizon could file a counter-suit alleging a 'frivolous appeal,' in which case, those appealing could be forced to get bonded to pay for Verizon's legal costs and loss of income during the appeal process. This is too much financial risk for objectors to carry, and the appeal would be voided.

3. The price of representation was increased 200%, because of the nature of the Zoning decision.

Residents were failed in this matter by local leadership, local self-interested parties, and local press.

Failures of Local Leadership: 

The burden of proving that we don't need a cell tower should not have been placed on residents. Legal standards demand that the burden of proving that there is a significant and pressing need for a variance should have been put on Verizon and property owners at the Mill St. location. Even if there were an emergency situation necessitating increased capacity and filling of dead zones for emergency purposes, the Zoning Hearing Board has a legal obligation to ensure that the least intrusive options like small cells are implemented -- which several neighbors brought to the Board's attention. The Zoning Board decided that a cell tower on Mill will not affect the character of the neighborhood, despite the assertion by neighbors that it will. Legally, the variance should be denied if it creates if a negative affect on the neighborhood's character.

On the County level, an individual can file an appeal without a lawyer. However, "all of the proper paperwork must be filed in the proper way," and the county will not provide instructions on doing so, and nor make requirements available to the public.

Self-interested Parties in Power:

Excuses for the hardship changed over time, from the need to place the tower in the center of a 2mile targeted area within Elysburg for future capacity issues, stemming from Knoebels traffic -- to a claim that the Fire Hall cannot carry out its business without a new cell tower on their property for emergency services purposes. Who checked the facts? The Hearing Board? The press? Residents did, but did hold the political or financial power to influence decisions on this matter in Ralpho Township. 

The Press

Although several comments were published against those opposing the cell tower in paper, attempts to get our story out through the papers went unaddressed. The press did not fact check the issues at debate in this matter. The Press Enterprise refused to get the message out that residents were looking for more community support to share the burden of the appeal, because they didn't want to 'advertise' for our cause.

What paths do residents have to have their voice heard? How accessible is the government and legal system to ordinary citizens?


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