Residents must wait to weigh in on cell tower

Zoning board carries hearing on Verizon application to Sept. 8

BY JAMIE ROMM Staff Writer

MIDDLETOWN — Residents looking to have their say about the proposed cell tower at Middletown High School South will have to wait until Sept. 8, when a special Zoning Board of Adjustment meeting has been scheduled for 7 p.m.

More than 50 people wearing T-shirts that read “Can You Hear Me? No Cell Tower at Middletown High School South” and holding signs promoting their Web site, launched to oppose the proposed cell tower, waited two hours until testimony for Verizon Wireless was presented.

After an hour of testimony from VerizonWireless experts, the hearing was carried to the September meeting.

Zoning Board Chairman James Hinckley announced to the crowd of white Tshirts that they were not to hold up signs or shout aloud during Verizon’s presentation, because it would be a distraction.

After his announcement, Hinckley said that he would not be a part of the board’s decision, since his wife is a teacher in the Middletown School District and it would be a conflict of interest.

Vice Chairman Emil Wrede took charge of the hearing.

Verizon’s attorney Richard Stanzione and Dominic Villecco, a radio frequency engineer for Verizon, spoke on behalf of the cell phone company’s application for the hour that the company was given to present its side.

After the hour, Wrede announced the Sept. 8 continuation.

During Verizon’s testimony, Stanzione and Villecco described the process of picking out a cell tower site.

Villecco told the board why the Nut Swamp Road site was one of the sites considered.

“We’ve got these areas of radiant, which essentially are the reliable service areas under the standard that Verizon uses in this part of Monmouth County,” Villecco explained. “Each one of these service areas radiate from these existing locations.”

Villecco described the area that the cell tower will reach.

“The areas that it picks up are Normandy Road, Middletown-Lincroft Road, Nut Swamp Road, parts of the parkway, down to West Front Street, and a little toward Everett Road on the west side of town. Those roads kind of identify the area and sort of box it off to give a rough idea. From the center of the site it goes mainly a mile east, a mile west and maybe three quarters [of a mile] north and south.”

Villecco described the process by which Verizon determines an acceptable site.

“Normally what Verizon does, it starts off by looking at existing structures,” Villecco said. “What they determine when they find existing structures is if they will meet the goals of the particular site and fill in the area. [In] this particular case there weren’t any existing structures that were made available in this area.”

Villecco told the Zoning Board what sites were originally considered for the cell tower other than the High School South site.

The first was in Normandy Park, but Villecco said the township did not approve of the pole being placed there.

The second site was Nut Swamp Elementary School, which drew jeers and some laughter from residents in attendance.

“This site would have worked with the Verizon Wireless perspective, but the Board of Education was not interested in such a project,” Villecco said. “Another school, Thompson Middle School, was also under consideration, but the Board of Education wasn’t interested in that proposal either.”

Shadow Lake Village, which is a mile from the High School South location, was also considered as a cell tower site but the property owner was not interested, according to Villecco.

“There is a Sprint monopole about 700 feet from this location by the parkway, but there were issues with this particular site, I understand, from a federal plan standpoint,” Villecco said. “It’s township property, but it wasn’t available.”

He also said that an area in Poricy Park was considered, but the township did not approve.

Wrede suggested placing the cell tower on the Garden State Parkway on the median adjacent to the school. The area is between exits 114 and 109.

“Why not just take the proposed pole and just move it to the parkway?” Wrede asked. “Verizon is no stranger to the parkway. You’d just have to move it a few hundred feet.”

Stanzione responded that he was not sure of specifics and he would need the site planner to answer the question, and that expert would be made available at the Sept. 8 meeting.

Zoning Board member Gary Hagested said that what he understood from Villecco’s description of proposed areas was that there was a great deal of flexibility involved in choosing locations.

“You’ve given me five different locations that were acceptable, but you have no buyer,” Hagested said. “What then made this particular site acceptable as opposed to other sites considered?”

Villecco said the factors used in choosing a site are that it fills the gap in cellular service and there is not another cell tower in the vicinity.

Villecco said the site was offered up to bid by the Board of Education, and that Verizon won the bid.

The Board of Education took formal public action on Oct. 22, 2007, to approve and enter into a land lease with Verizon Wireless for the construction and operation of a wireless communications facility consisting of a monopole tower with several co-location sites on it on the grounds of High School South on Nut Swamp Road.

After hearing residents’ opposition at the July 16 meeting, the board voted 8-0 to send a letter to Verizon Wireless informing the company that it wanted to get out of the contract with the company that would allow a cell tower at the school property on Nut Swamp Road.

Verizon acknowledged receipt of the letter but is continuing with the application as per the contract, according to Parton, who added that the board’s intent to withdraw from the contract can be used as evidence in testimony.

The tower would generate lease revenues for the district of $31,299 the first year, and $32,238, $33,205, $34,201 and $35,227 for each of the four following years, according to Board of Education attorney Christopher Parton.

In addition to the funds earned through the base rent, the board would receive 40 percent of all rental fees collected from future co-locators, which are companies that pay a fee to attach their antennas to a tower owned by another service provider. Up to three co-locators can be added to the tower.

That contract provides that the agreement could be renewed for up to four additional five-year periods at annual rent amounts of: $36,284 (years six-10), $42,063 (years 11-15), $48,763 (years 16-20), and $56,531 (years 21-25).

The total value of the lease is $1,084,375 over 25 years plus 40 percent of all rent from any of the three additional co-locators.

At the board’s direction after one of the many public Facilities Committee reports on the cell tower issue throughout 2007, the business office and board attorney made a formal request to the state commissioner of education to allow the board to enter into a long-term contract.

Without that approval, the contract would be limited to five years.

Commissioner Lucille Davy approved a long-term contract in a letter dated Nov. 19. In granting that approval, Davy reviewed the land lease agreement in its entirety.

Having received that approval, the board and Verizon executed the agreement on Dec. 17.

The agreement guarantees Verizon the use of a 50-by-50-foot parcel of land on the High School South campus.

With the approval of the commissioner of education, the term of the lease is five years, with an option for four additional five-year terms, for an aggregate length of 25 years.

According to the lease agreement, the purpose of the tower will be for the construction and operation of a communications facility.

The board’s obligations include cooperating in Verizon’s pursuit of permits, variances and approvals.

Parton said that Verizon Wireless must prove to the Zoning Board that there will be no adverse effect on the surrounding residents and the school community.