Southern Berks News > News

Amity Twp. residents say ‘no’ to cell tower


By Denise Larive

Residents along Slate Run Road, Douglassville, an area adjacent to the Monocacy Hill Recreation Area, sought help on Oct. 7 from the Amity Township Board of Supervisors to deny or further regulate the proposed construction of a 150-foot cell phone monopole near their homes at 152 Hill Road.

The board said it must follow the Federal Communications Commission’s (FCC) determination to promote cell coverage without any gaps in coverage and allow cell tower construction when it meets local zoning codes.

Cell towers are permitted to be built in medium density residential (MDR) areas only after a special exception has been approved by the zoning board.

The board unanimously approved that the zoning board should uphold the language of the township ordinance regulating cell towers when it hears the application on Oct. 19.

The ordinance provides local regulations such as spacing towers at least every 1.5 miles and encourages cohabitation on other towers.

Liberty Towers, LLC, a Washington D.C., area based communications tower company, will provide information to the zoning board on why a tower is needed at that location, possible environmental impacts and any health or safety threats to local residents.

“Sprint has determined that cohabiting on the other four to five towers in the township wouldn’t improve its coverage,” said Brian Seidel, representing Liberty Towers.

“Sprint has a gap here and it’s generally in the Amity Gardens area.”

Seidel said Liberty Towers is also asking for a variance to waive the 150-foot setback (fall zone) requirement and locate the tower closer to Monocacy Hill. He said there aren’t any structures located within the 150-foot area and that monopoles “don’t typically fall over.”

“Liberty Towers thought the tower’s location closer to Monocacy Hill would be more aesthetically pleasing to residents instead of centering it on the lot - which is closer to the public road,” said Seidel.

He said the tower would have a concrete pad, security fencing, two parking spaces, a gravel access drive, but that a red light on top isn’t required by the Federal Aviation Administration since the tower isn’t over 200 feet in height.

Board solicitor Brian F. Boland said although the FCC says it is in the nation’s interest for municipalities to promote cell coverage without any gaps and allow their construction, Liberty Towers must prove that cohabitation on another tower isn’t sufficient.

The company must also prove a hardship to warrant the variance.

“The ordinance is designed to have as few towers as possible and to encourage cohabitation and towers could go to 170 feet to accommodate more carriers,” said supervisor Robert R. Yanos.

“That was the intent of our ordinance - to cohabitate. The property has a potential use and does not qualify as a hardship [for the variance].”

Seidel said Liberty Towers would move the tower closer to the road if the variance is denied.

Liberty Towers first application to the township was last September.

The planning commission voted 4-0 that Liberty Towers didn’t have sufficient proof that a cell tower is needed at that location.

Seidel said last year that a variance would also be needed to waive that the closest tower is located within 1.4 miles, and not the required 1.5 miles.

The board unanimously adopted Ordinances 259 that requires notice to be given to all owners of properties adjoining and across the street from a property requesting a zoning change.

The ordinance adds the definition of properties across the street as adjoining property owners.

Ordinance 260 was also unanimously adopted. It revises the land uses permitted in the low density residential zoning district and requires at least five area of land for the construction of nursing, retirement, and convalescent homes and to comply with the bulk area, yard and height requirements in the LDR zone.

In other business:

• The board swore into duty two new police officers, John Coe, Jr. and Justin Schlottman.

Police chief Kent A. Shuebrook said the police department’s 13 officers now meet staffing levels.

“These two new officers will help to do a lot for the community,” said Shuebrook.

Three of the department’s officers had resigned in 2008.

• The board approved the land use for the proposed 20-lot Blacksmith Subdivision east of the Amity Primary Center at Old Swede, Weavertown and Blacksmith roads.

Ralph Yocom, principal of JLR Partnership, Collegeville, plans to build 18 semi-detached units on the 5.1 acre site pending approved land development plans by township officials.

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