Commissioners table conditional use permit from Union Wireless
In recent months, representatives for Union Telephone Company (Union Wireless) have appeared before the Board of Carbon County Commissioners (BOCCC) for approval to extend the height of existing telecommunication towers.
These requests come as Union Wireless prepares for the introduction of 5th Generation (5G) wireless, which has garnered questions and concerns about the health impacts of the newest wireless technology. During the February 2 meeting of the BOCCC, a conditional use permit from Union Wireless and the City of Rawlins was tabled following a petition from nearby residents opposed to the extension of the existing tower.
“This telecommunication tower was never approved by Carbon County. We are thinking, with the statutory jurisdiction at that time, the City of Rawlins had jurisdiction over it so they proceeded with permitting of that tower,” said Sarah Brugger, county planner. “So, now, what we are doing is getting all of this into compliance, getting it on our record with this condition use permit case.”
While the existing tower is 45 feet in height, according to Brugger the conditional use permit approved by the Carbon County Planning Commission would allow the height of the tower to be increased to 80 feet with a potential final height of 107 feet.
Brugger added that the permit had been sent out for referrals with no referring agencies returning comment. A petition from property owners within the nearby Happy Hollow subdivision, however, had garnered approximately 30 signatures in opposition to the extension of the tower.
Ken Wilson, a resident of the Happy Hollow subdivision, voices his opposition to the tower extension stating that he had asked during a previous meeting of the county planning commission if the Painted Hills subdivision had been allowed to comment due to their proximity. With only adjacent landowners being allowed to provide comment, however, it appeared that it was just the Happy Hollow residents who were notified of the project.
“I just feel it’s such a bad fit since they’re both a couple of the nicest subdivisions in Rawlins,” said Wilson. “Putting a major microwave tower above them is just a real bad fit for the whole area.”
Wilson, and later others, also commented on what they believed were potential health impacts from 5G wireless. As telecommunication companies began rolling out the newest generation of wireless across the country in 2019, concerns have been raised about the exposure to increased radio frequency energy.
It should be noted that studies are still ongoing into the long term health effects of increased radio frequency energy put out by telecommunication towers with more studies being requested.
Along with the potential health risks raised by residents of Happy Hollow subdivision, Wilson stated that increasing the height of the tower would lower property values in the area as well.
Ryan Schmidt, site acquisition manager for Union Wireless, was asked by Commissioner Sue Jones if the company had looked into relocating the tower. Schmidt stated that the company had examined other potential sites in the area but that none of the other areas would provide sufficient coverage.
“What kind of timeline is Union Telephone working on with this and would they be willing, for the benefit of those who signed the petition and want to have their voices heard, to explore other alternate sites that weren’t brought up here?” asked Commissioner Byron Barkhurst.
“I wouldn’t say that we wouldn’t be open to other locations. We did obviously look at other locations around that area, initially, to see if it really made sense to expand in the exact location,” Schmidt replied.
Schmidt added that the other issue that Union Wireless was considering was the overall cost of bringing in the commercial services to support the tower in its new location and what kind of reception it would provide to customers.
Jones asked if Union Wireless was extending the tower to allow other companies to rent space, similar to what has been done with other towers in the area. Schmidt replied that was the case with this tower extension as well.
As the commissioners began to consider whether to approve the conditional use permit or not, with the health concerns raised by residents appearing to take precedence, Carbon County Attorney Ashley Mayfield-Davis informed the board that, due to the Telecommunications Act of 1996, they were unable to make their determination based upon the emissions from the tower.
Brugger added that the BOCCC could make their decision based on whether they believed it was the right fit for the area, referencing a decision made by the commissioners in 2018 regarding telecommunication towers outside Encampment. In that case, Skyway Towers had applied for a permit to erect a more than 300 foot tower outside Encampment. Following petitions by Encampment residents, the BOCCC denied the permit.
“Where I see this as different than what we did over in Encampment is we already have an existing tower here. There’s always going to be a tower there, is my gut (feeling). I know it takes an awful lot for these companies to get your circles right and do that,” said Commissioner John Espy. “What I would like the company to do is, if they feel they’ve got to raise it, what is the minimum height you got (sic) to raise it to accomplish what you want and, that way, we can keep the view shed of the neighborhoods.”
Jones added that Union Wireless has been a “good neighbor” and asked that the company continue being good neighbors by working with the surrounding land owners to come to an agreement on the telecommunications tower. Those thoughts were echoed by Chairman John Johnson, though Schmidt replied it would ultimately be easier for Union Wireless to look at moving or entirely relocating the tower.
A motion to table the conditional use permit until March 16 passed unanimously.
The Board of Carbon County Commissioners will have met on February 16 and will meet at 9 a.m. on March 2 at the Carbon County Courthouse in Rawlins.
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