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East Penn News

Upper Milford zoners approve fire company cell tower in heated meeting

Upper Milford Zoning Crowd
Jay Bradley
/
LehighValleyNews.com
Dozens of residents showed up to the Upper Milford Township Zoning Hearing Board meeting on Monday.

UPPER MILFORD TWP., Pa. — A 183-foot-tall Verizon cellular tower was approved Monday by the Upper Milford Township Zoning Hearing Board, despite two hours of residents criticizing the tower's potential impact on local aesthetics and on property value.

In response, Upper Milford Western District Fire Company members spoke of the financial benefits the project, on company property at 6341 Chestnut St., is expected to bring them.

  • A Verizon cellular tower was approved at 6341 Chestnut St. in Upper Milford Township on the property of the Western District Fire Company
  • Residents spoke against the tower as an eyesore and its potential to impact property values, noise and health while fire company representatives spoke of the revenue opportunity based on their deal with Verizon
  • The project must complete the land development process before appearing before the township's planning commission and Board of Supervisors at a later date.

Applicants sought five zoning variances related to its use in a rural-agricultural zoning district, establishing a secondary primary use for the property, maximum impervious coverage, tower setback and tower fall zone area.

The approval has conditions requiring some camouflage for the tower, access of use for public emergency officials, and that a crumple point be implemented in case of a tower collapse to limit any fall radius.

Board member Samuel Cohen broke from other attending members Bennett Kohler and Thomas Roland over granting use within the R-A district, and establishing multiple primary uses for the site.

Cohen said he was not convinced of the "hardship" needed to grant the variance.

A revenue source for local fire company

Representatives for the Upper Milford Western District Fire Company advocated for the project, which they said will bring significant amount of revenue from a deal established with Verizon representatives.

They said communications towers often are built near fire company buildings.

Chief Michael Kline said that in lieu of the project, volunteers would have to do additional fundraising, and the deal would take care of a $1.4 million loan for a new pumper tanker truck.

"This amount of money a year this tower would bring in is greater than the amount our total annual fund drive of donations from all residents of the township," Kline said.

"As well as six times the amount of money our annual chicken BBQ fundraiser brings in.

"We have been financially stable over the past 80 years, and we are here trying to ensure that we can stay that way for the next 80 years to come."

Some residents spoke of the potential benefit to including access provisions for local emergency personnel to use the towers for communications equipment, which was included as a condition to the approval of the project.

Representatives for the fire company said there was no discussion related to that between them and Verizon.

Upper Milford Fire Company
Jay Bradley
/
LehighValleyNews.com
A cell tower was approved on the property of the Upper Milford Western District Fire Company

Neighbors' outcry over aesthetics

More than two dozen residents came to the meeting wearing orange shirts with the slogan "Topple the Tower" on them, or orange clothing to show their opposition to the measure.

Opponents of the cell tower also built a website and online petition to advocate attendance to the zoning hearing board meeting.

"We do not live on the power lines. We do not live under cell phone towers. So there's a reason that we purchased these properties.
Resident William Langenberg

"We do not live on the power lines," resident William Langenberg said, asking for the project to be denied at the proposed location. "We do not live under cell phone towers. So there's a reason that we purchased these properties.

"It is a private deal amongst a telecom company and a nonprofit that the books are not open, they do not officially report to the township."

A slide show passed out to members of the board cited health concerns, asked for protection of real estate values, advocated honoring ordinances and "preserving the character of our neighborhood and Powder Valley as a whole."

"Our primary argument is that the property is in no way unique and in fact, the location is detrimental to the community," it said.

Upper Milford Zoning Hearing Board
Jay Bradley
/
LehighValleyNews.com
The present members of the Upper Milford Zoning Hearing Board present at the meeting

Board members said current plans regarding radio frequency radiation are significantly below federal maximums, and, due to federal regulations, could not impact their decision on the matter due.

Verizon representatives said the radio frequency design involved makes the location ideal.

All variances approved

The attendees asked Verizon to find an alternate location, citing its online coverage map pointing out nearby areas with less available coverage as a better location.

They also stated concerns that the precedence of the decision may lead to additional towers being approved and sought a fund to remove inactive towers in the case it was approved.

"People would say that their services degrade. ... So in my mind, that in conjunction with the TCA is enough of a hardship."
Zoning Hearing Board member Bennett Kohler

There was not unanimous opposition, however, as some residents and fire company representatives spoke in support of the project.

"I don't live in Powder Valley, I don't have good Verizon service," resident Sarah Nicklin said. "I don't have Verizon service on my personal cell phone, but I'm a physician, and I serve this community. And my place of work chooses Verizon service for our work cell phones."

She said that when at home, if she needs to leave to run an errand while on call, the Verizon phone loses service, leading to potential stress in her, her patients and her staff.

In the end, board members voted to approve all zoning variances, but spoke to the concerns of the residents, and the need to balance that with expanding cellular access to residents and avoiding legal pushback related to the federal Telecommunications Act of 1996, which applicants argued a denial may have violated.

"People would say that their services degrade," Kohler said. "I used to get three bars [of wifi reception], now I get two, because we have different phones, and there's more users and whatnot.

"So in my mind, that in conjunction with the TCA is enough of a hardship."

Roland said, "I have to think that we're representing the township moreso than the hills, even though they're part of the township."

The project now is set to engage in the land development process before appearing before the township's planning commission and Board of Supervisors.