Petition to stop work on Wifi towers denied
A petition signed by 20 county residents seeking to impose a moratorium on the continued construction of two high speed wireless internet towers in the county was denied Monday by county commissioners.
The petition was filed last week by Ingrid Pavia of Ginger Lane. The petitioners sought to stop work on two windmill-powered towers approved last month by the county planning and zoning commission.
“We, the concerned citizens of Boundary County, do hereby respectfully request to be heard without bias in appealing Planning and Zoning's decision on Thursday, July 15, 2010, regarding application 10-034 by E.L. Automation, Inc.” they wrote.
“In doing so, we would appreciate a moratorium (halt on construction, i.e. not allow completion of towers, procurement and placement of any and/or all utilities intended and/or unintended at this point, and operational functions turned off that are or will be on/up and running) until specifics and/or new ones that come to our attention can be adequately addressed.
“By adequately addressed, we mean legally and morally, based on respect to nearby residents' health and/or rights to be properly notified for all appropriate requests made to those adversely impacted.”
Pavia made a similar plea to the City of Bonners Ferry, where a third tower was recently approved, however, the city didn't act on the request as the matter hadn't been included on the agenda.
In his staff report, county zoning administrator Mike Weland noted that he had read the concerns that were presented the city, primarily to allow time to address safety issues and to allow for the adoption of regulations governing the placement of wireless communications facilities.
He wrote that the county had already done that in 2001, when a moratorium was called over concerns about the placement of cell towers.
“In approving Conditional Use Permit 10-034, the planning and zoning commission determined that the applicant met siting, setback, security, height and aesthetic requirements established by what is now Chapter 5, Section 8, Boundary County Zoning and Subdivision Ordinance,” he wrote, “and established the condition that written certification be provided assuring that provisions regulating discharge are met prior to the towers being made operational.”
Based on that, Weland recommended that the request for moratorium be denied and that any subsequent appeal be considered on its merit.
Based on the recommendation and on the advice of county civil counsel Phil Robinson, commissioners agreed.
To date, no formal appeal has been received, though, Weland said, it is likely that at least one will be filed before the Aug. 20 appeal deadline.