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Politics & Government

'Resolved' Escrow Issue Continues to Stall Cell Tower Application

Zoning board votes to have its paid expert present when radio frequency testimony is presented.

An escrow issue once again prevented the hearing on T-Mobile’s cell tower application at the from moving forward Tuesday.

The applicant, T-Mobile and the Green Knoll Volunteer Fire Company, is seeking permission from the zoning board of adjustment to build a 125-foot tower on the fire company property in order to cover an estimated 1.7-mile gap in its coverage area, specifically areas on Foothill and Crim roads and North Bridge Street.

A previous hearing had to be postponed because of a shortage of escrow funds set aside to cover the cost of board-hired experts. That issue, board attorney Lawrence Vastola explained, “was an in-house thing with other parts of T-Mobile,” and has since been resolved.

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The applicant had planned to present testimony from a radio frequency expert Tuesday, but Hank Menkes, the board’s expert, was not in attendance because the escrow issue had been resolved too late for him to schedule his attendance.

T-Mobile attorney Gregory Meese, of Price, Meese, Shulman and D’Arminio urged the board to continue the hearing in his absence, with Menkes receiving a transcript. He also indicated the applicant’s radio frequency expert would attend the next meeting to allow Menkes to question him directly.

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“We are attempting to expedite the application,” Meese said.

“I would really rather not have testimony without Menkes here,” board chairman William Vornehm said.  “We may not know if we have a question until we hear from Menkes. You’re thinking this is expediting it. I’m thinking it’s going to double the time for the radio frequency discussion.”

Vastola added, “It’s an issue of a level of comfort. I don’t think it’s a cut and dry issue.”

Board member Donald Sweeney agreed with this assessment.

“We hired an RF engineer in order to take advantage of his expertise," he said. "To proceed with him not present is just not the right thing to do.”

Township planner Scarlett Doyle also expressed concern about proceeding without Menkes, noting that she had questions of “suitability” that both Menkes and the radio frequency expert should have the opportunity to address.

“I can’t ask intelligent questions until I have both Mr. Menkes and the RF expert here,” she said.

Applause erupted from the audience when the board voted 4-3 against hearing the T-Mobile radio frequency expert Tuesday. The hearing was re-scheduled for a special meeting May 24, with additional hearing dates anticipated for June 21 or June 28.

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