This may actually fall more into "General Non-Surveying". If so, please move it to the appropriate area. As surveyors we deal with planning commissions frequently.
I attended the regularly scheduled Trigg County Kentucky planning meeting last month. I was there on an unrelated matter and did not pay much attention to part of the discussion. However, I was reading the paper and it hit me how unusual a statement by the commission chair sounded.
There is a proposed cell tower location that was submitted. The chair of the commission had a thick packet of information on the cell tower. He stated the following:
1. The information could not be released (even through an open records request) because of some technology request by the cellular company. This was directed to the newspaper reporter.
2. The commission could not vote to not allow the tower period, only to not approve the tower. If they voted to not approve it, there would only be a 120 day FCC review period and then the tower would move ahead anyway.
Anyone more familiar with cell towers know anything about these statements?
It really does not seem appropriate that such records are not open and that the community would have no choice in the matter. Of course our planning commissioner has bald-face lied in a planning meeting in the past, so I just don't believe him.
From a little online research, it seems that other communities have voted and had information available on cell towers.
Maybe Light Sqd...chances are if it isn't, it will be!!! Sounds like Coast to Coast to me!!
One of the exceptions to many "right to know" laws involves data that would be considered privileged, that is secret business data. I can't imagine however anything
related to a planning for zoning issue which might be considered appropriate to be kept from the public (or in many cases from competitors). I don't expect that the criteria for siting a tower is a big secret between companies.
Jon
In my experienec A cell tower application in NJ has never been denied. I appeal in Superior Court the cell people always win. They may seek other locations if the Planning Board requires too many items (vegetation screening of the site, drainage etc) they may seek a new location, but they always get a tower. The FCC rules are clear and cell towers are a form of security to their eyes.
The usual residential complaints of decreased house values and health issues will not cause a judge to rule against the cell company.
I have seen tower applications I have been involved in take 3 years in court, but they got their tower.
As to the secrecy of the technology, I would think someone made that decision and I would want to know who that person is.
