Wednesday, November 15, 2017

Park Rules Prohibit Cell Towers in Local Parks, But Planning Board Staff Recommends One Anyway

See highlighted section below for discussion of Montgomery County Planning Board's review of the placement of a new cell tower at the Blair Local Park located next to Blair High School. 
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COMMENTS SUBMITTED BY
William E. “ Rick” Meyer
North Potomac, MD
On behalf of the Montgomery County Coalition for the Control of Cell Towers (MC4T)

In the Matter before Planning Board:
PRIVATE TELECOMMUNICATIONS FACILITY SITING REQUEST


None of the three structures under consideration can be considered routine matters with minimal impact. We strongly encourage the Planning Board to further evaluate the unique circumstances surrounding each and all three sites that would restrict and/or prohibit the proposed modifications:

1.     Sligo Creek Radio Tower –  (TFCG application #201612-05 recommended for six 72” inch antenna on December 7, 2016 and subsequently refiled for second recommendation for twelve 72” antenna which was issued on March 6, 2017)

This red and white lattice tower is one of the oldest, if not THE oldest radio broadcast tower in the Washington DC region, and may have been standing for more than 70 years. The tower is part of the very colorful and fascinating history linked to the commercial development of AM radio broadcasting in Montgomery County, and particularly to the growth of predecessor stations of WTOP and WFED, which have long been based in Wheaton.  As such, we believe the Sligo Creek Radio tower is historically and culturally significant, and any decisions regarding potential modifications to this structure should first carefully evaluated, as such.

Strapping on twelve 72’  antennas mid-section at the 120’ level to his radio tower would SUBSTANTIALLY alter the physical design and structural loading upon the  247’ tall tapered lattice work. The tower was  originally  built for the sole purpose of holding  slender antennae at the very top. The estimated age of this structure would call into serious  question its ability to support approximately  ½ ton additional weight of twelve new antenna, cabling  and fastener hardware. A thorough structural and wind analysis by a certified tower engineer  should be required and carefully evaluated.

Further, bolting on  twelve 72” tall panel antenna to the lattice grid the 120’ foot elevation would be high above the tree line, and would dramatically transform the aesthetics and appearance of the radio tower making it both obtrusive, bulky and clumsy and far different than its sleek needle design. The twelve box antenna would be visible from most of the gold course and surrounding as such.

This is now, and has always been a radio tower, which is defined and  treated completely separately by the County zoning ordinance Section 3.5.2. Communication Facility,  B.   Media Broadcast Tower.  The County zoning ordinance ONLY permits radio towers up to 199 feet tall  as “limited use” – anything higher is treated as conditional use!  While the Sligo Creek Radio tower  was probably built long before zoning standards, today it nonetheless falls within the conditional use standards, Further, that same zoning ordinance states that “change to any use within the conditional use” would require permitting through an OZAH hearing. 

2.     Wheaton Regional Park Maintenance Yard Monopole(TFCG application 2016-05 submitted November 11, 2016 and recommended on December 7, 2016.)

The Wheaton Park Yard monopole is one of the most popular with wireless providers in the County because it is  located on one of the highest and most prominent elevations with total  height  of the tower and antenna at  approximately 590’ above sea level.  Accordingly, it   is already loaded (and perhaps overloaded) with dozens of  various collocated antennas from multiple wireless providers.  It has become a bloated, extremely unsightly  contraption that resembles a collection of old crab traps on a giant stick, which is  visible from most of the otherwise serene trails within the park. The aesthetics of this assemblage are far out of character with all other carefully managed aspects of this important Regional Park.

As with the Sligo Creek radio tower, a comprehensive structural and wind analysis by a certified tower engineer  should be required and carefully evaluated before any additional weight is added to the structure.

This Wheaton Park monopole was built in 1997 under Special Exception S-2304. Therefore, any modifications to that Special Exception, including prior requests for additional antennae as added over the past 20 years should have required approval through OZAH hearings.  No such hearings were conducted and the validity of the multiple subsequent modifications should be questioned.

3.     Blair Local Park Light Pole:  (TFCG application 201610-57 submitted September 7, 2016, resubmitted April 11, 1997 and recommended with conditions on May 16, 2017.)

While it is still unclear as to how and why a wireless telecommunications monopole was approved in Blair Local Park in 1997-98, such a facility  is absolutely is NOT permissible today under Montgomery Parks Telecommunications Facility Siting Administrative Procedures, which are attached to the agenda briefing packet.  The reason for this prohibition is simple:  Large telecommunications towers overwhelm the physical dimensions and characteristics of small, local parks - just as the current 128’ pole looms above the outfield fence of Thunderbolts Park.

Section 7.6(f) of the Administrative procedure specifically and clearly states that Local Parks (such as Blair) “ shall not be considered for use for telecommunications sites.”

While other sections of the  administrative procedure allow for exceptions to place wireless facilities in active recreation areas, (and even refers to modification of ball park lights) the language is clear that this exception  is ONLY applicable in Regional and Recreation Parks.  No  such allowances are  made for Local Parks, where telecommunications facilities are  “not to be considered.” There is no provision  in the administrative procedure to allow Planning Board to overrule of this Local Park exclusion.

The pole was abandoned by the prior wireless carrier at expiration of lease in 2015, and has remained under  sole and exclusive use as a Local Park  light pole ever since. We have requested, but not yet received a copy of the original lease.  However, if that lease  was written in conformance to Montgomery County COMCOR, the  lease would have REQUIRED the wireless operator to immediately remove the pole, and all related equipment at expiration of the lease.  This was apparently not done, for reasons as yet, not fully understood.  Regardless, at such point of lease expiration and abandonment in 2015 the pole became a light fixture and nothing more. Accordingly, all remaining appurtenances under the prohibition of telecommunications facilities in Blair Local Park contained in  section 7.6(f) above, INCLUDING the pole should immediately be REMOVED,

As a final note, the circumstances surrounding the Blair Local Park Light Pole and the Sligo Creek Radio Broadcast Tower have been  mischaracterized as “existing cell tower(s) in the park system” in the  official update  soliciting public input.  This gives false and misleading impression that proposed modifications are routine matters with minimal impact. There are NO approved wireless antennas currently on the Sligo Creek Radio Tower  structure. This is NOT and has never been an existing cell tower. There are NO approved or existing wireless antennas on the Blair Local Park Light Pole. This is NOT an existing cell tower.

In closing, Planning Board as  landlord of our public parks needs to fully understand and fully  exercise its proprietary rights as granted by the FCC, when evaluating wireless telecommunications facilities lease requests for property under your control.  These proprietary rights are separate and distinct from regulatory limitations imposed upon local government entities by Federal Communications Commission regulations.

We urge the Planning Board to withhold action on all three of these proposed modifications until each of these issues and questions can be thoroughly examined and validated.

The Montgomery County Coalition to Control Cell Towers (“MC4T”) is comprised of concerned County residents, including representatives from homeowner’s associations and civic organizations. MC4T was formed  during the Fall, 2016 in response to Zoning Text Amendment (“ZTA” ) 16-05, which was eventually withdrawn. 

The mission of MC4T is to preserve and enhance the character and aesthetics of all County neighborhoods by minimizing adverse impact of telecommunications facilities, protect our homes and communities from unsafe towers and poles, and assure full transparency, due process and fair representation in all decisions on wireless infrastructure. (www.mc4t.org)

1 comment:

  1. The Planning Board is appointed by the elected County Council. The vote is almost always unanimous. There is a lot of discussion among the two bodies that the public knows nothing about.

    ReplyDelete

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