ATC appeals planning decision on cell tower construction

American Tower Corporation has appealed Hood River County Planning Department’s decision to deny the Massachusetts-based company’s proposal to build a 160-foot cellphone tower on private land off of Fairview Drive in Hood River.

The Planning Department denied the application July 23 after determining the cell tower, which would have been disguised to look like a Douglas fir, was “not compatible with the surrounding area based on the impact it would have on the area’s visual character,” according to the decision written by Planning Director Mike Benedict, who also noted the height of the tower “was excessive compared to everything else around it.”

The proposal to build the cell tower, which would have been utilized primarily by AT&T, drew the ire of dozens of citizens last year who spoke out against the project during the public comment period. Many were neighbors living near the project site — a 10-acre parcel at 3790 Fairview Drive that’s owned by Jeff Blackman and Erin Burnham — who were concerned that the tower would be much taller than surrounding trees and negatively impact their views.

In the appeal letter dated Aug. 2, Bonnie Belair, counsel for ATC, countered that the tower “will be in proportion to some trees in the area,” and added that, “due to FCC (Federal Communications Commission) regulatory requirements, AT&T is required to fill gaps in coverage and capacity to provide cellular service in Hood River County.”

Belair cited the FCC’s Telecommunications Act of 1996 and case law in the appeal letter to argue for the Planning Department’s decision to be overturned.

“The TCA does provide authority to approve a proposed wireless communications facility in the event local or state laws ‘prohibit or have the effect of prohibiting the provision of personal wireless services,’” she wrote. “In order to establish that a permit denial is tantamount to a prohibition in violation of TCA, the Applicant must provide evidence in the record supporting a two-part test: (1) the proposed facility closes a significant gap in the provider’s own coverage; and (2) the manner in which it proposes to fill the significant gap in service is the least intrusive (site location and design) on the values that the denial sought to serve.”

By selecting a tower disguised as a Douglas fir, known as a mono-fir design, Belair said ATC chose a design that would “minimize visual impact,” as opposed to building a traditional tower. She also noted the mono-fir would eliminate “the unnecessary proliferation of towers” by allowing other cell providers to use the structure in an arrangement known as collocation.

With the Planning Department’s decisions governed in part by the National Scenic Area Act of 1986, the appeal may put to the test which federal law trumps which. A public hearing has been scheduled for Wednesday, Aug. 28, at 7 p.m. in the Hood River County Board of Commissioners meeting room at 601 State St. for the Planning Commission to consider the appeal. Public comment on the cell tower proposal and appeal, both written and oral, is allowed.

Latest stories

Latest video:

Parkdale third graders sing "12 Disaster Days of Christmas"

Welcome to your sing-able Christmas gift list. What follows is an emergency rendition of “12 Days of Christmas” – for outfitting your home or car in case of snow storm, earthquake, flood or other emergency. Read it as a simple list, or sing it to the tune of “12 Days” – you know, as in “ … and a partridge in a pear tree…” Not to make light of it, but the song is a familiar framework for a set of gift ideas that you could consider gathering together, even if the recipient already owns items such as a bunch of coats, tire chains and flashlights. Stores throughout the Gorge are stocked up on all these items. Buying all 12 days might be prohibitive, but here are three ideas for checking any of the dozen off your list (notations follow, 1-12.) The gift items needed to stay warm, dry and safe are also coded to suggest items in your abode (A) in your car (C) or both (B). 12 Gallons of Water (A) 11 Family meals (B) 10 Cans of propane (A) 9 Hygiene bags (B) 8 Packs of batteries (A) 7 Spare coats (B) 6 Bright red flares (C) 5 Cozy blankets (B) 4 Tire chains (C) 3 Flashlights (B) 2 cell phone chargers (B) 1 And a crush-proof first aid kit (B) Price ranges? Here’s a few quotes for days Three, Two, Four and Nine: n A family gift of flashlights (three will run $15-30, Hood River Supply, Tum-A-Lum) n Cell phone chargers (two will run $30-60) n Tire chains (basic set, $30, Les Schwab, returnable if unused for the winter) n Family meals ($100 or so should cover the basics for three or four reasonably well-fed days) n The home kit should be kept in a handy place near an exit, and remember that water needs to be replenished every few months. If you have a solid first aid kit already, switch out the gift idea with “and-a-sto-o-u-t- tub-for it-all …” Otherwise, it’s a case of assembling your home or car kits and making sure all members of the family know what the resources are and how to use them (ie flares and propane). Emergency situations are at worst life-threatening, at best deeply uncomfortable if you and your family are left without power for an extended period, or traveling and find yourself in a situation where you need to wait out a storm, lengthy traffic delay, or other crisis. Notes on the 12 gift ideas: 12 – Gallons of water: that’s one per person in a four-member family to last for three days, the recommended minimum to be prepared for utility outages. 11 – Easy-open packaged goods, energy bars, dried food and nuts are good things to include for nutrition. Think of what your family of four needs for three days to stay fortified and hydrated (see number 12). Can-opener also recommended 10 – If you have a propane camping stove, keep extra fuel handy. 9 – Hygiene bags: put packaged moistened towelettes, toilet paper, and plastic ties in large garbage bags (for personal sanitation) Resource list courtesy of Hood River County Emergency Management, Barbara Ayers, manager/ 541-386-1213. The county also reminds residents to Get a Kit, Make A Plan to connect your family if separated, and Stay Informed. See to opt-in for citizen alerts. Enlarge

Log in to comment

News from our Community Partners