The issue has been a contentious one, with complaints by neighbors about the negative effect on property values and quality of life. 

 

After a continued session from a prior meeting, the planning commission recommended approval of the CUP at their Dec. 19 meeting by a 7-2 vote.

 

Tuesday, although each of the commissioners said they understood neighbors’ concerns, by law, there were no  sufficient grounds to deny the CUP.

 

Commissioner Rachel Leonard said she had received lots of calls after the public hearing from residents concerned with the tower. One call was from the owner of a day care.

 

“For my part, I understand the concerns. It’s actually one business against another business - a day care,” she said. “I want to at least recognize the difference of opinion. They are our county citizens in both cases. But I feel that I will have to vote “no.”

 

Commissioner Felix Schmiesing said it was obvious there were residents who were against having a tower in their area because of environmental and land value issues. But the board had to follow specific criteria when approving or denying a CUP.

 

“My understanding is, legally, federal law prevents us from considering those types of things when we make this decision,” he said. “We are pretty narrowly focused on what we have to look at - what we have in our rules, and what is mandated to us by others.”

 

Assistant County Attorney Tim Sime confirmed Schmiesing understanding of the law.

 

“The federal government pre-empts denying an application for telecommunications based on concerns about the environmental - the effects of electromagnetic frequencies. From that standpoint, federal law prevents you from making a denial strictly based upon that,” he told the board. “With regard to property values, your ordinance does allow you to consider that, however, the law requires that be based on concrete evidence, something more than just opinion and concern.  The planning commission found that the record didn’t support that.”

 

Commissioner John Riebel, who was appointed the board chair earlier in the meeting, said he was disappointed about the way Verizon handled the situation.

“I’ve been on the zoning board a long time and I have never, ever seen a person come in for an application for as big a company as they are but they did not do their homework. That’s why we ended up with two Orrock Town Board meetings and three hearings before the planning council,” he said. “That to me is just a waste of government time. Verizon ought to be ashamed of itself.”

 

Commissioner Bruce Anderson said he understood everyone’s concern. But he didn’t believe there was any evidence to support the property value issue.

 

“I base it on facts. I can only say for myself I grew up near a tower, and we never had any issues,” he said. “Land values didn’t go down. My folks sold it for a development.”

 

Commissioner Ewald Petersen said he received lots of phone calls and emails about the tower from residents who didn’t want it. 

 

“I appreciate the concerns that they have.  I sat in on the first meeting,” he said. “I think that while I certainly have some problem having to approve this, I think they meet the requirements for our ordinance and we really don’t have a choice.”

 

Commissioner Riebel said he understood Verizon couldn’t be denied according to law. But he still wasn’t happy about the process. 

 

“I thank the people that did take the time to do their homework on this one,” he said. “But it’s a shame the people have to do the homework for what the company should have done. I’ll just leave it at that.”

 

The board approved the CUP, 4-1 with Commissioner Leonard voting against.