Subject: [NEXTEL-1] Zoning board hears resident's protest of plan, will resume hearing in 3 weeks

From: [email-masked]
Date: Wed, 30 Jul 2003 11:45:57 -0400

When will these guys learn the the 1996 telecom Act is bigger than they are? Is it
they just like paying Lawyers?
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Posted on Wed, Jul. 30, 2003

BUILDING CONTROVERSY
Ruling on Bear Creek cell tower on hold
Zoning board hears resident's protest of plan
By KASIA KOPEC
[email-masked]
BUILDING CONTROVERSY

Zoning board hears resident's protest of plan, will resume hearing in 3 weeks

BEAR CREEK TWP. - The question of whether the township's zoning officer acted
legally when he issued a permit allowing a controversial telecommunications tower
to be built in a residential neighborhood won't be answered any time soon.
The township's Zoning Board voted Tuesday to continue the hearing regarding the
appeal filed by Scott Tomkins, who lives along Meadow Run Road about 1,000 feet
from the Nextel tower.  The hearing will reconvene at 7 p.m. Aug. 20.

The continuance came after three hours of testimony before a standing-room- only
crowd during which lawyers for Tomkins, the township and Nextel argued, first
about whether the hearing should be held and then the merits of the case.

Mike Grab, representing Nextel, and Susan Smith, acting as special counsel to the
township, said Tomkins filed his application for a hearing too late. Township
ordinances require complaints to be filed within 30 days of the permit being
issued.
The attorneys argued that even if the Zoning Board chose to consider the beginning
of the 30-day period May 5, when Tomkins said he became aware of something being
constructed on the site, the time frame in which to appeal expired prior to
Tomkins' application being submitted.

The application was submitted June 10, but township Zoning Officer Joe Andrews
said he didn't process it until June 17, because required information was missing.

Members of the Zoning Board did not grant the request to throw out the complaint,
nor did they provide a reason for allowing the hearing to continue. Instead they
allowed testimony on whether the permit was legally issued.
Tomkins' lawyer, Matt Turowski, of Rosenn, Jenkins and Greenwald, asked Andrews to
point to the part of the township's zoning ordinance where it says towers are
permitted in residential areas.

Andrews said the ordinance does not expressly permit cell towers in residential
communities.
Typically if a use is not expressly permitted, a variance must be sought,
triggering a hearing before the zoning board.
But Andrews said a hearing is not required in the case of cell towers, because he
said state and federal law prohibits municipalities from discriminating against
cell providers.

"Our ordinance doesn't spell out whether you can put a tower in or you can't,"
Andrews said. "I was advised, that because of this telecommunications act, if I
denied them the permit, we would end up in the same situation with them (Nextel)
that we're in now."

Andrews also said the same policy was applied in six other instances in which
permits for towers were issued.
Tomkins declined to comment on the hearing Tuesday, saying he would prefer to wait
until after the proceedings are concluded.
Kasia Kopec, a Times Leader staff writer, may be reached at 970-7436.

http://www.timesleader.com/mld/timesleader/6414319.htm

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