PLAINFIELD — After months of mulling a cell tower application that would violate a local ordinance, the Plainfield Zoning Board is now leaning toward approval — provided the tower starts out shorter than the originally requested 130 feet.
“Thinking about the community as well, I think that it shows a spirit of compromise, of trying to get along,” said Plainfield Zoning Board member Peter Martin. “I’m OK with what they have suggested.”
Back in April, the zoning board held its first public hearing on an Atlantic Tower proposal to build a cell tower off Old Stage Coach Road, a prohibited site under Rural Conservation II zoning regulations.
Christopher Swiniarski, attorney for the developer, presented results of a balloon test showing where in town the tower would be visible from, along with reasons why other locations are not viable. In most cases, the land terrain is less than ideal, or would not address a gap in coverage along Route 120.
Swiniarski cited the federal Telecommunications Act of 1996, which states that a local body may not prohibit cell service in areas with a coverage gap. However, zoning board member Matt Decker noted said it’s the developer’s responsibility to prove there are no other viable sites to address the gap.
Still, the zoning board is grappling with the possibility that a denial could be superseded in court.
“I’d have a very difficult time with the variance if there weren’t this federal thing hanging over us,” Martin said.
At a hearing June 10, the board asked the developer to consider sites in Lebanon, particularly because the city may not have the same zoning restrictions as Plainfield. But on Monday, Swiniarski told the board the suggested sites off Route 120 in Lebanon — particularly at Patch Farms and the Cole family property — are not options because the land is too low or at a slant.
Atlantic Tower says it has a commitment from Verizon, and believes other carriers will follow suit.
Martin asked Monday if the company would consider building a tower — anticipating it would be used by the three largest carriers, Verizon, AT&T and T-Mobile — at 120 feet instead of 130.
Martin hoped that, to win approval, Atlantic Tower would waive its option to ask later that the tower go higher. But Decker said an agreement like that probably wouldn’t hold up in court, as the applicant has a right to request modifications down the line.
Swiniarski said he hoped the town would be open to starting with 120 feet, and waiting until a fourth developer came into the mix before considering an increase in height.
Zoning board Chair Richard Colburn said that, though the developer could request an increase in height later on, it probably would prefer to push for 130 feet now.
“That’s not the most efficient way to do tower construction; costs a lot more money,” Colburn said.
As the zoning board inched toward an approval and closed the public hearing, almost all of the 10 or so people in attendance left the town hall.
“I think they’re just generally disappointed that the local zoning ordinance doesn’t have more teeth than it does,” Martin said, and the town isn’t used to being overridden by the state and federal law.
Toward the end of the meeting, Decker and Martin expressed a willingness to approve the application.
“But for the fact that this happens to be on the wrong side of line on the zoning map, this does seem to be a better site than any of the others, at least on the Plainfield side,” Decker said.
However, board member Mike Button remained apprehensive. He said the zoning board’s purpose is to act in accordance with zoning bylaws, rather than outside factors.
“I’m not convinced that the standard for issuing a variance has been met,” Button said, and so the board should leave further determinations to the courts.
Decker expressed interest in avoiding a costly lawsuit, and offered to draft a decision allowing a 120-foot tower, which the board can consider it when it meets Aug. 13.
