Alex
06-20-2007, 10:18 AM
T-Mobile tower appeal denied
Adams County Judge Michael A. George threw out an appeal asking for a review of Conewago Township's decision to approve a telecommunications tower. The appeal, filed by Hanover Shoe Farms Inc. part-owner Russell Williams, alleged the tower's placement would affect the fertility of the farm's horses. In his opinion released Thursday, George said the board lawfully found evidence that the tower wouldn't affect equine fertility submitted by T-Mobile to be credible, and refused to reweigh that evidence.
"It would be improper, on appeal, to disturb a credibility determination of the board if it is supported by the record," George wrote. T-Mobile's attorney, James M. Strong, of Harrisburg, said the company looks forward to proceeding with its plans, which call for a 170-foot tower at 8 Schribert Road, accessed from 235 Old Hanover Road (Route 194). "Obviously we feel the judge, after reviewing the record, came to the right conclusion," Strong said. T-Mobile and the township's Board of Supervisors intervened in the lawsuit on the zoning board's behalf. Williams could not be reached for comment, but Sean Summers, one of the lawyers who filed the appeal, said the farm is disappointed in the outcome.
"If you look at the Conewago Township ordinance, it specifically refers to preserving the Hanover Shoe Farms - there's no other property in the ordinance that I saw," said Summers, whose office is in York. "It's disappointing the township would allow a 175-foot cell phone tower to be placed in that particular spot." As for potentially appealing the decision, Summers said he would talk with Williams, but, "At the end of the day these matters are very hard to appeal.
"T-Mobile is certainly able to fight this with unlimited resources," he said.
Williams brought his concerns to the hearing board in June 2006, testifying about a New Jersey-based breeding operation located near high-tension wires. In that situation, ionizing radiation from the wires might have caused an increase in the operation's abortion rate.
But in a response to Williams' appeal, the hearing board noted radiation emanating from telecommunications towers was non-ionizing, and well within federal safety levels. T-Mobile submitted as evidence a letter from Marvin Ziskin, a professor of radiology and medical physics at Temple University. "I can be very confident that these emissions will not have any effect on either sperm count or gestational problems," Ziskin wrote. The farm's appeal also alleged the board did not stick to the township's comprehensive plan, however George disagreed. "A comprehensive plan is, by its nature, an abstract recommendation as to desirable approaches to land utilization in the community," George said in the opinion, adding cases the farm cites are not directly relevant to its appeal. "Although I sympathize with the anxiety of Hanover Shoe Farms in having a cellular phone tower as a neighbor to their horse-breeding business, I remain mindful that appellate courts show restraint when reviewing the decision of a zoning board," George wrote.
On Monday night, Conewago Township supervisors approved a request by T-Mobile to submit the tower's plan as a preliminary/final plan, Supervisor Monique Keefe said. The telecommunications company would therefore not have to submit two sets of plans for approval. Although the board approved the waiver for the preliminary/final plan to be submitted together, two supervisors noted their discontent with the project. "I would like to be on the record that T-Mobile shoved this down our throats with no regard for their (Hanover Shoe Farm) neighbors," Supervisor Ted Bortner said. "That's ditto for me," Keefe agreed. Township officials said the plans for the cell tower will still undergo several more public reviews by the township before being brought back to another meeting for potential adoption. Supervisors in May approved a sketch plan of the tower, provided T-Mobile make some changes to it. The plan is scheduled to go before the township's planning commission July 5, Keefe said.
SOURCE: Evening Sun
Adams County Judge Michael A. George threw out an appeal asking for a review of Conewago Township's decision to approve a telecommunications tower. The appeal, filed by Hanover Shoe Farms Inc. part-owner Russell Williams, alleged the tower's placement would affect the fertility of the farm's horses. In his opinion released Thursday, George said the board lawfully found evidence that the tower wouldn't affect equine fertility submitted by T-Mobile to be credible, and refused to reweigh that evidence.
"It would be improper, on appeal, to disturb a credibility determination of the board if it is supported by the record," George wrote. T-Mobile's attorney, James M. Strong, of Harrisburg, said the company looks forward to proceeding with its plans, which call for a 170-foot tower at 8 Schribert Road, accessed from 235 Old Hanover Road (Route 194). "Obviously we feel the judge, after reviewing the record, came to the right conclusion," Strong said. T-Mobile and the township's Board of Supervisors intervened in the lawsuit on the zoning board's behalf. Williams could not be reached for comment, but Sean Summers, one of the lawyers who filed the appeal, said the farm is disappointed in the outcome.
"If you look at the Conewago Township ordinance, it specifically refers to preserving the Hanover Shoe Farms - there's no other property in the ordinance that I saw," said Summers, whose office is in York. "It's disappointing the township would allow a 175-foot cell phone tower to be placed in that particular spot." As for potentially appealing the decision, Summers said he would talk with Williams, but, "At the end of the day these matters are very hard to appeal.
"T-Mobile is certainly able to fight this with unlimited resources," he said.
Williams brought his concerns to the hearing board in June 2006, testifying about a New Jersey-based breeding operation located near high-tension wires. In that situation, ionizing radiation from the wires might have caused an increase in the operation's abortion rate.
But in a response to Williams' appeal, the hearing board noted radiation emanating from telecommunications towers was non-ionizing, and well within federal safety levels. T-Mobile submitted as evidence a letter from Marvin Ziskin, a professor of radiology and medical physics at Temple University. "I can be very confident that these emissions will not have any effect on either sperm count or gestational problems," Ziskin wrote. The farm's appeal also alleged the board did not stick to the township's comprehensive plan, however George disagreed. "A comprehensive plan is, by its nature, an abstract recommendation as to desirable approaches to land utilization in the community," George said in the opinion, adding cases the farm cites are not directly relevant to its appeal. "Although I sympathize with the anxiety of Hanover Shoe Farms in having a cellular phone tower as a neighbor to their horse-breeding business, I remain mindful that appellate courts show restraint when reviewing the decision of a zoning board," George wrote.
On Monday night, Conewago Township supervisors approved a request by T-Mobile to submit the tower's plan as a preliminary/final plan, Supervisor Monique Keefe said. The telecommunications company would therefore not have to submit two sets of plans for approval. Although the board approved the waiver for the preliminary/final plan to be submitted together, two supervisors noted their discontent with the project. "I would like to be on the record that T-Mobile shoved this down our throats with no regard for their (Hanover Shoe Farm) neighbors," Supervisor Ted Bortner said. "That's ditto for me," Keefe agreed. Township officials said the plans for the cell tower will still undergo several more public reviews by the township before being brought back to another meeting for potential adoption. Supervisors in May approved a sketch plan of the tower, provided T-Mobile make some changes to it. The plan is scheduled to go before the township's planning commission July 5, Keefe said.
SOURCE: Evening Sun