UPPER MACUNGIE TWP., Pa. — A new cell phone tower likely will come soon to Upper Macungie.
The township Zoning Hearing Board voted unanimously Wednesday to let Verizon build a cell phone tower at 6411 Haasadahl Road, on the border of Lowhill Township.
Verizon’s attorney, Richard Williams, said the tower would address a “gap of reliable coverage” in the northwestern corner of the township.
The project is not allowed in the zoning district of the property. But Williams argued there was no other nearby place to put it.
Five residents came to object to the project.
Jeffrey Dimmich, who lives about a half mile away from the proposed cell tower, argued the proposed location for the tower was not ideal and that there is no need for it.
“By the way, I like cell phones too. It's not that. It's just that there are good places for this and bad places. There is no need for this.”Jeffrey Dimmich, who lives about a half mile away from the proposed cell tower
“By the way, I like cell phones too. It's not that,” Dimmich said. “It's just that there are good places for this and bad places. There is no need for this.”
Aaron Snyder, one of the property owners of the proposed cell tower location, argued that the tower is needed and that the use will not disturb the neighbors.
“I find it a little disheartening and hypocritical when other property owners want to tell me what to do on my property,” Snyder said.
“Let's face it, I'm not putting up windmills. I'm not putting up — and we all don't like them — we're not putting up a warehouse…I'm not putting up a poultry shop on the top or something massive like condos.”
The zoning hearing board is a quasi-judicial body that makes decisions about specific types of land use actions. It acts separately from the township.
The variances
The Verizon representatives asked the board to approve several variances for the project.
A variance is granted when the unique physical circumstances of a property make it impossible for the developer to meet the municipality’s requirements, according to the Pennsylvania Municipalities Planning Code.
Essentially, it is an exception to the normal land use rules.
In this case, the main exception was letting the cell tower to be built in a zoning district where it is not usually allowed.
“If in fact the board's decision… inhibits the carrier's ability to provide service, that's a violation of the [Telecommunications Act]."Verizon’s attorney, Richard Williams
Williams said that according to the Federal Communications Commission, the township legally has to allow phone companies such as Verizon to improve its areas of unreliable coverage.
“If in fact the board's decision… inhibits the carrier's ability to provide service, that's a violation of the [Telecommunications Act]," Williams said.
Pennsylvania law says variances can only be granted when the development “will not alter the essential character of the neighborhood or district in which the property is located…nor be detrimental to the public welfare.”
Resident concerns
Some residents raised concerns about potential health and environmental effects from the tower. But primarily, the objectors questioned whether it was needed in the area.
Dimmich said he doubted the validity of the map Verizon representatives brought in to show the areas of reliable coverage.
Dimmich argued that because the Verizon representative presenting the map had not made it, his arguments were hearsay. He said he had Verizon for many years and never had an issue with coverage.
“If I'm right, that that map is hearsay and without justification, then there is no evidence of any gap,” Dimmich said.
Snyder started his testimony by handing the board a photo of him, his brother and his sister.
Snyder said his sister previously lived on his property, but when her house burned down in a fire, she did not get out in time.
“My sister died in that fire,” Snyder said. “I tried calling her; it was roughly 2:40 in the morning. We were screaming outside the building trying to call that phone in her house.
“Six or seven times, it just disconnected, disconnected, disconnected. So people say that they have coverage — they're blessed. Those of us who don't have it can't stand it.
“So yes, that cell phone tower will help us, will help our community and help this whole area.”
Williams said the project still has to go through the land development process in the township. It soon will go before the township Planning Commission and Board of Supervisors.
But now that the variances are granted, the boards won’t be deliberating whether it’s allowed. They instead will make sure the plan meets township building standards.
