Cell Tower on Mill Archive

Residents around the Elysburg Firehouse on Mill Street got notice of Verizon's application to place an 90' cell tower in the Firehouse parking lot. 

A Zoning Hearing was held Feb. 28th. at 7pm at the Ralpho Township Municipal Building.  The Zoning Board and residents wanted more time to look at information about the proposal. Another meeting was held April 10, 2017.

The final Zoning board meeting was May 4th to announce their decision, and the variance was granted on the grounds that Verizon can prove a hardship with their claim for a need of increased capacity. The board does not have the legal authority to grant a variance, as far as Verizon cannot prove that they meet the 5 necessary requirements for being granted one (see below PA Municipal Code on variances). However, the board does have political power to make any decision, right or wrong. Several residents are considering appealing the Zoning Boards decision.

Verizon is arguing that there is no.place. in Elysburg except 1 Mill Street that will address a projected (within 2 years) gap in capacity they need to serve the 2 miles inside Elysburg. Specifically Verizon cited that cars on their way to Knoebles may lose kids' movies on their I-Pads on the way to the park.

Verizon could cover this need with small cells. The FCC is currently proposing to mandate small cell/DAS deployment in public right of ways to address exactly the problem Verizon is saying it wants to address here in Elysburg. 

FCC Commissioner Clyburn has made her opinion known, fearing that Verizon will once again leave rural areas behind when installing next generation infrastructure.  The Ralpho Township Zoning board has a unique and timely opportunity to encourage 5G infrastructure for us right now.

Small cells/DAS are a perfect solution to Verizon's problem of capacity and latency times they project to occur in the future. Verizon, of course, will make decisions based on their bottom line. Verizon may have to pay to use third party small cells vs. creating a market advantage for them, if they monopolize the area with their own tower.

Verizon cannot meet the requirement of a variance as stated in PA Municipal Code 910.2:

 (a) The board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary hardship upon the applicant. The board may by rule prescribe the form of application and may require preliminary application to the zoning officer. The 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 the 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.

(b) In granting any variance, the board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the zoning ordinance.

What are the effects of a cell phone tower on property values? 

The Appraisal Journal published a study in 2006 that showed a 20% devaluation for properties near cell towers.

Negative effects on businesses and rentals might also be expected after the installation of a cell tower.

According to RealtorMag:

 "An overwhelming 94 percent of home buyers and renters surveyed by the National Institute for Science, Law & Public Policy (NISLAPP) say they are less interested and would pay less for a property located near a cell tower or antenna.
What's more, of the 1,000 survey respondents, 79 percent said that under no circumstances would they ever purchase or rent a property within a few blocks of a cell tower or antennas, and almost 90 percent said they were concerned about the increasing number of cell towers and antennas in their residential neighborhood."

I have contacted several local real estate agents in our area. There is a general consensus that local professionals do not want to be exposed to liability by making statement one way or another.  One agent mentioned that Elysburg is a high end market right now, and that many folks who look here from Geisinger might likely choose a different location after if a cell tower is the facade of the village, or affecting their scenic view.

All one needs to do is look at local listings and see the descriptions to know that scenic views and the quaint village characteristics are selling points for the Elysburg market.

More to read on property values

FCC regulations require studies that include consideration of affects on historical sites, and residential communities. Will putting a cell tower in the middle of town hurt our chances for qualifying for historic, or scenic preservation programs? These programs might provide monies for watershed management, historical preservation projects, infrastructure, tourism marketing etc.

Litigation is common around cell issues, including residents suing for declining property values, and cell companies suing municipalities for denial of cell tower permissions. However, the two reasons cell companies sue are: gaps in coverage (Elysburg is already covered), and lack of alternative locations (there are certainly several alternatives to the middle of town).

During the first hearing, Verizon objected to a folder I presented to the Board with articles, statements, and studies about my family's concerns. Reasons for denying the application 'must be submitted in the written record.' The Township is up against a big company lawyer, expert in maneuvering itself into any loophole. We are lucky that zoning already prevents a cell tower in Village Center. May small communities find themselves defenseless.

We must be vigilant about protecting our towns image! Show up to the next meeting, or write a letter and make your voice heard! Despite what the interim lawyer for the Township so egregiously stated, delaying the vote at the initial Zoning hearing is not to allow adjoining property owners time to get expert witnesses. It is time to create more awareness, allow the board to examine information, seek alternatives, and for us all to express our concerns to make an educated and sensible decision on the proposal. Make your opinion heard to preserve our scenic character.

Other Concerns: 

Cell towers attract lightning. Effects of lightning from the cell tower can ruin electronic equipment, and pose a risk to people in the surrounding area.

Cell towers rain large debris that can be carried by the wind. Cell towers can catch fire and fall over. They also invite vandals and thieves who are after the tower batteries and copper grounding plates/wires. 

Some people fear cancer risks from cell towers. The American Cancer Association states that there is  no consensus that radio frequencies from cell towers are harmful. However, some studies show evidence that there might be a link between cell towers and health issues. In any case, health claims are not considered legally valid considerations for denying cell tower permissions.

Elysburg already has full cell coverage. Does an 90' cell phone tower fit into a vision for downtown Elysburg?