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Tower testimony falls short on verification
(by Joseph Koziol Jr. - November 26, 2008)
Tower testimony falls short on verification
By JOSEPH KOZIOL JR.
A public hearing last week for a proposed 250-foot cellular communications tower in Munson Township will be continued until January.
The township's board of zoning appeals had scheduled the public hearing to hear requests by Verizon representatives for a conditional-use permit for the tower and two variances associated with it.
The continuance until Jan. 15 was requested by attorney Mark Morris, who represents Verizon, after he was informed that more detailed testimony would be required to verify statements about the need for the tower.
About 35 residents attended the hearing on the tower proposed by Verizon at Munson Valley Nursery, 9904 Mayfield Road (Route 322).
Verizon is seeking a variance from the township's maximum 200-foot height for towers and the required setback from neighboring properties that is 100 percent of the tower's height. Verizon is seeking the 250-foot tower with a 50-foot setback from neighboring properties.
Zoning board member Dennis Pilawa suggested that Mr. Morris may want to request a continuance after making his opening remarks about the need for the variances.
In his statement, Mr. Morris said he had a letter from an engineer stating that the 50-foot fall zone is sufficient.
Mr. Pilawa said such statements generally require expert testimony in person, such as from engineers or Realtors. Otherwise, they could not be considered as evidence by the board, he said. "We don't accept letters as evidence, not even affidavits." He said the engineers or Realtors must be present to give the board and the public an opportunity to cross-examine.
Mr. Morris said Verizon officials originally sought a 290-foot tower but reduced the request at the urging of township officials. He said engineers have determined that existing towers do not provide sufficient coverage for the area. He said that lack of coverage is a fact that was supported by Munson Fire Chief Bernerd Harchar at a previous meeting.
He said the tower would be 1,200 feet back from Mayfield Road, but the property is not large enough to accommodate the fall-zone requirement, regardless of where it is placed.
Mr. Morris also said he had a letter from an engineer, stating that, if the tower ever fell, it would not be as a single piece but would collapse upon itself. He said the tower's supports are built to withstand earthquakes and hurricanes.
Mr. Morris went through seven factors outlined by the Ohio Supreme Court in a case known as Duncan vs. Middlefield, showing justification for the area variance.
When Mr. Morris said the towers have not been shown to reduce property values for surrounding properties, a murmur rose in the crowd.
Mr. Pilawa said no heckling would be allowed at the hearing, and anyone speaking repetitively or abusively would be cut off.
Board member Richard Wright said he was not hearing specifics with Mr. Morris' arguments for the variance. "What I'm hearing is generalities." He said he wanted to know specific numbers when Mr. Morris spoke of a "number of dropped calls" in the area.
Mr. Wright pointed to a map provided by Verizon to show the improved coverage from the new tower. According to the map, he said, he doesn't appear that the tower would eliminate the problem entirely.
Mr. Morris said the map only illustrates the "least it will do." At that point, he asked that the matter be tabled until additional information could be provided.
Mr. Pilawa said Mr. Morris could return with his experts to testify in support of the tower. He said the board will again notify the 23 affected property owners surrounding the proposed tower. He said residents in attendance at the hearing could comment, if they wished, or "keep the powder dry until the next meeting."
Joseph Bastulli, a Heath Road resident, said he wants to see evidence at the next meeting that no other towers could be used, thereby eliminating the need for the new one. He said he wants to be shown that the company is making the decision for technological reasons rather than financial ones.
Joseph Otto, also of Heath Road, questioned the professionalism of the Verizon presentation, given its apparent unpreparedness for the hearing. "They come to the township without having done their due diligence," he said. "I find it very distressing and surprising from a business viewpoint."
While technological advances do benefit residents, people in Munson "still live in the country," Mr. Otto said.
Mr. Pilawa responded that the lack of preparation could be the fault of the township in failing to advise Mr. Morris of what was needed. He said no one in attendance had brought in experts to give testimony.
Mr. Otto said it should be elementary. "It is incumbent on the applicant to know." He said none of the residents in attendance were making an application but were there on a fact-finding mission.
Eugene Selker, an attorney representing one of the residents, said he would like the township to make Verizon's application available to the public. The public could review it and have its experts comment, he said.
Mr. Selker also questioned whether Verizon met one of the conditions set forth in Duncan vs. Middlefield. The question revolves around whether Verizon knew the zoning restrictions when it signed the lease for the property.
Marianne MacLean, a Mayfield Road property owner, said, while Verizon officials state that the tower will be at the back of the Munson Valley Nursery property and that the property is downhill from the road, there is only a 10-foot drop between the road and the rear of the property.
Board member Sofie Horvath asked whether the tower would have any effect on televisions or radios and whether any lighting will be required.
Mr. Morris said the tower operates on a different frequency and would not interfere with televisions or radios. He said any tower over 200 feet is required to have lighting. He said the top of the tower would have a red light at night and a flashing white light during the day.
Rosetta Drive resident Geri White asked whether Verizon plans to keep the area clean of dead birds. She said several news accounts reported that birds are often killed, and she fears coyotes would be drawn to the area.
Mr. Morris said he's never heard of dead birds as a result of the towers. He said maintenance crews visit the site monthly to clean up debris.
Mrs. White said she also had read that Verizon is buying Alltel and that some towers may no longer be needed with the merger.
Mr. Morris said the buyout is in progress and that some towers may stay while others may go.
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