Hampton neighborhood campaigns against proposed cell tower to fix dead zone

HAMPTON — Signs around town are calling to “stop the cell tower” as the town's Zoning Board prepares to decide on a proposed wireless facility application on Barbour Road.

Members of a group opposing the cell tower proposed by Vertex Towers say they are 40 households strong in calling for the ZBA to reject the project’s height and use variances. Vertex is looking to build a 156-foot tower at 17R Barbour Road to improve cell service in the northern part of town.

Dolores Messner said the 40 members are only the “hardcore” opponents, and they are reaching more residents as they campaign against the tower. Their signs include a picture of a cell tower with a red “cancel” symbol drawn across it. They have expressed concerns the proposed cell tower on Barbour Road could lower their property values and expose them to harmful radiation.

“We’re really trying to get this thing to go away,” Messner said.

ZBA members have hired a radio frequency consultant, IDK Communications, to help determine if there are gaps in service, as claimed by Vertex. IDK’s proposal to the town states they will review bylaws and meeting minutes, analyze the proposed structure's height, and predict coverage for the proposed site.

“I think it’s necessary in this case,” ZBA Chair Bill O’Brien said in their Sept. 21 meeting.

Vertex attorney Francis Parisi welcomed the third-party review.

“I believe that your consultant will be very helpful,” Parisi said.

Health risks from cellphones and cell towers are unproven and unknown, according to information published by the Centers for Disease Control and Prevention, as well as the American Cancer Society.

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Vertex has said they are trying to build the tower in Hampton as a part of a two-site solution for nearby cell coverage along and east of Route 1. The company is also in the permitting process with the North Hampton Planning Board to build a 150-foot wireless tower on Mill Road in that town.

Unlike cellular providers that build towers strictly for a single company’s use, Vertex builds the infrastructure and leases it to providers. Parisi said Vertex expects to work with providers like Dish Network, which has invested in its cellular service network.

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Vertex needs variances in Hampton because cell towers are not permitted in the town's Residence A zoning district, which has a height limit of 35 feet.

Parisi told ZBA members the site on Barbour Road was the only available option to address nearby gaps in coverage. To show how high the tower would be, he said Vertex conducted a balloon test that revealed the tower would be hidden by the trees from every angle except the property owner's land.

Parisi said a rejection of the variances would result in undue hardship. He cited the Telecommunications Act of 1996 and said federal law requires the tower to be allowed. The goal of the law was to advance wireless coverage across the country as the technology grew.

“It doesn’t say you have to say yes,” Parisi said. “What it says is that you can’t say no without sufficient reason.”

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Barbour Road residents challenge Vertex in public hearing

Residents opposing the project packed the room that night to speak on the Vertex application. They cited property values and health concerns and argued not enough was done to explore alternative sites.

Chris Hilson, an attorney representing three families against the project, said Vertex has identified nine sites in the area for the tower. He said while some had conservation easements that prevented development, he claimed others did not and that Vertex needs to consider them.

Hilson represented North Hampton property owner Lori Cotter in her battle against the town’s attempt to take her property by eminent domain for the placement of a cell tower. He noted that, at the time, town-hired consultant David Maxson claimed Cotter’s property was the only alternative to cover the proposed gap.

Cotter’s property ultimately was not taken by eminent domain. The case was then followed by Vertex’s ongoing application to build on another property on Mill Road.

“As we can obviously all see, there is an alternative that is currently being proposed at present,” Hilson said.

Parisi said the town consultant could confirm there may be alternatives but said “that’s not the only issue that makes it viable.”

Residents also argued the tower should not be built because it is in a residential zone. Some complained land at 17 Barbour Road has already been in violation due to commercial activity, including a landscaping company. O’Brien said the ZBA is “not an enforcement board” and could not address existing uses.

Resident Andrew Dawson said the presence of a nearby cell tower threatens the health of the Barbour Road neighborhood.

He cited a November 2020 bipartisan New Hampshire legislative commission that concluded wireless radiation poses a threat to human health. The commission found “significant public health risk associated with the cumulative effects of radiofrequency radiation,” according to legislation resulting from the commission.

"So we are left with what? We wait until our sleep patterns are disrupted, our children get leukemia, whatever other problems come from RF waves?” Dawson asked. "And then do we act? Then, do we make decisions? Then do we say no we shouldn't put these within residential areas?"

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Vertex, boards wait for RF consultant results

The board continued the Vertex application to Tuesday, Oct. 24, with results from the radio frequency expert expected to be prepared for ZBA members to consider. Vertex is simultaneously going through its approval process with the Planning Board, who last continued the application until after the ZBA’s consultant finishes their work.

Town Planner Jason Bachand said the Planning Board may as well wait since the application can only be approved if the ZBA grants the variances.

“We’re waiting for that third-party review,” Bachand said. “I think this board is going to be interested to see what the results of that are. I certainly am.”

Parisi told ZBA members before the Sept. 21 meeting ended that the consultant may confirm there are alternatives to the Barbour Road site. He said he will continue to provide data that demonstrates their claim of undue hardship is still viable.

Messner said her group of opponents to the cell tower will continue to push town officials to reject the application. Messner said they also planned to attend the next Board of Selectmen meeting to express their concern to the town’s policymakers.

“We thought the selectmen need to know that it’s happening,” Messner said. “A number of residents in Hampton are totally against what’s happening at 17 Barbour.”

This article originally appeared on Portsmouth Herald: Hampton NH residents rally against cell tower plan to fix dead zone