Cell tower decision: Hampton ZBA to vote on controversial project on Barbour Road

HAMPTON — The town's Zoning Board is preparing to decide on a proposed cellular tower that has received significant opposition from residents.

Zoning Board Chair Bill O’Brien told board members Tuesday to prepare to make a final decision at their Dec. 21 meeting on the 156-foot tower proposed by Vertex Towers at 17R Barbour Road.

O’Brien said the rationale behind their votes will be critical in the event the controversial application is appealed or litigated.

“No matter which way this goes, we need findings of fact,” O’Brien said. “If you do not have findings of fact on a case that’s litigated, it’s almost always reversible.”

Vertex is looking to implement a two-tower approach to boost cell service near and along Route 1 by adding coverage in Hampton and North Hampton. The company has already received approval for its project in North Hampton.

Vertex does not provide cell service but rather builds infrastructure. The tower proposed by Vertex on Barbour Road would allow several carriers to use the structure, unlike those built by individual carriers. The cell providers could be spaced 10 feet apart along the tower, stacked like a totem pole, according to Vertex representative Francis Parisi.

Vertex has claimed their proposal at 17R Barbour Road is the only viable alternative to improve service as they pursue variances for the project’s approval from the ZBA. They have cited the Telecommunications Act of 1996 as protection against local boards rejecting cellular infrastructure projects when a given site is the only viable option.

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The ZBA received a report Tuesday from a radio frequency consultant hired by the town to review the application. The consultant, Ivan Pagacik, examined town-owned land at the Twelve Shares forest and on High Street as possible alternative sites for a cell tower. A condominium at North Beach preapproved for cellular infrastructure was also discussed by board members with Pagacik.

Individually, the parcels do not have the same coverage as a tower on Barbour Road proposed by Vertex Towers, Pagacik found in his report. ZBA member Erica DeVries noticed combining coverage from Twelve Shares and the condominium property, however, could match the footprint.

“The combination of the two of those appears, to me, to provide as good coverage as would the proposed Barbour Road site,” ZBA member Erica DeVries said.

“Very similar,” Pagacik replied.

DeVries said looking at the town-owned properties was critical because building a tower on that land would not require a variance, though O’Brien pointed out a special exemption would still be needed for Twelve Shares.

Parisi argued that Pagacik’s findings did not determine other alternatives exist, however. He said Vertex was surprised with the findings in Pagacik’s report because Vertex had been reviewed by Pagacik in other towns where he gave a more “favorable report.”

“It just seemed like in this case – I don’t know, maybe because of the substantial opposition out there – that the existing coverage was a little over-predicted,” Parisi said.

Board members said they needed time to review Vertex’s response to Pagacik’s report. O’Brien said the public hearing portion of the application is closed, and the Dec. 21 meeting would strictly be for ZBA members to discuss their vote.

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Residents call on ZBA to reject cell tower

Tuesday’s meeting included public comment and drew a packed house of residents hoping to see the project rejected. Many who spoke that night against the project reiterated points they made throughout the course of the application process.

Abutters have mounted a campaign against the project with signs around town that show a picture of a cell tower with a red cancel symbol drawn over it. Residents have said they fear negative health effects despite Vertex's claim the tower would be within federal standards for radio frequency emissions. They also are concerned about property values going down.

“Please don’t approve this petition for a variance,” resident Dolores Messner told the board Tuesday. “I don’t want my grandchildren to ever say the government approved the construction of that dangerous cell tower in my grandparents’ front yard.”

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This article originally appeared on Portsmouth Herald: Hampton ZBA to vote on controversial cell tower project on Barbour Road