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Will council answer the call?
(by Megan Burrow - April 18, 2008)
The council is considering a resolution to make municipal land available to New Cingular Wireless PCS, LLC and Omnipoint Communications, Inc. for the construction of a cell phone tower.
The resolution was discussed at a council meeting on Monday, April 14 in response to the large number of Township residents in attendance who voiced their opposition to the proposed cell phone tower at 620 Pascack road, a five-acre site currently housing the racket club.
The issue at hand is whether the zoning board will grant a variance allowing the phone companies to maneuver around a township ordinance restricting cell phone towers from being built on private property.
The companies have stated that over the past two years they have attempted several times to find a suitable location on township property, but council never released a bid for the project.
At the opening of pubic discussion, Council President Joseph Giardina advised those in attendance that their protestations would be “better directed toward the zoning board and not the council.” However, Terry Thornton, an attorney representing a concerned resident, informed the council that although she recognizes the council “cannot make the decision of whether or not a variance gets granted,” there is a way they can act.
Thornton described the town as being “at a crossroads,” explaining that once a variance is granted allowing a tower in a residential zone, it sets a precedent and opens the door for others to be built. Because iPhones, Blackberries, and other phones with data services, Internet, and audio and video streaming use more bandwidth than older models, the system of towers the companies employ keeps expanding – from commercial and industrial zones to residential ones.
“You can see all around the state, more towers coming up adjacent to homes,”
Thornton said. “Ten years ago the industry’s own estimate of the need for cell towers was 100,000 nationally. They have built hundreds of thousands nationally, and they are still building. As the years pass and the bells and whistles get added, they need more and more capacity”
Many of the residents in attendance expressed concern over the impact of the proposed tower on property values. A local realtor contended that in the current housing market, homeowners cannot afford a further drop in the value of their homes.
Thornton suggested the council draft a resolution resolving to make municipal property available to the companies and authorizing the town administrator to go out to bid. She explained that in order to have the variance granted, the companies have to convince the board there are no less intrusive options.
If the proposed resolution were adopted,
Thornton argued the companies would have a difficult time making their case. But, “if this board doesn’t act, the zoning board can’t consider it.”
She also suggested the council look into new technologies that do not have the same negative impact on property values such as stealth structures and distributed antenna systems. A distributed antenna system is made up of “small sticks” that can be placed on existing telephone and electrical poles.
The system is currently being used along highways, in
Mt.
Vernon and New Rochelle, N.Y., and in a few municipalities in
Cape Cod .
Because it is a more expensive option, often,
Thornton said, “the industry will say it isn’t available, because they want to do it on the cheap. You, the council, have the ability to say, ‘use my property, but use it on my terms.’ Why wouldn’t a community take the lead in determining how best to manage the character of its neighborhood?”
Giardina stated that he has been exploring these other technologies, but that he is not ready to announce anything until he “gets results.”
Prior to the April 14 council meeting, a flyer had been distributed to homes around the township urging residents to come to the meeting and make their voices heard. A petition protesting the tower was distributed before the meeting, collecting over 115 signatures.
Discussions between the zoning board and representatives from Cingular and Omnipoint began Jan. 22. Since then, the board has met several times to hear testimony from lawyers and radio frequency specialists. Under zoning board regulations, the public is not allowed to comment until all of the testimony has been given, a process which could take several months.
Christopher Ferrara, an attorney representing a resident who lives near the proposed site agreed the council must act. “Like it or not, the ball is in the court of the town council,” he said. “This board has the authority to terminate the issue and I urge you to do so.”
The council resolved to discuss the matter further at the next meeting April 28 and added the resolution to the agenda.
Megan Burrow's e-mail address is burrow@northjersey.com.
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