Proposed cell tower in Baldwin met with opposition

Several people attended the cell tower public hearing at the Baldwin work session Tuesday night. (Jerry Neace/NowHabersham.com)

Several people attended the Baldwin City Council work session Tuesday night for a public hearing on a proposed T-Mobile cell tower. Five people spoke in opposition to the tower that would be located near downtown Baldwin, in close proximity to Baldwin Elementary School and the Habersham County Airport.

Vertical Bridge wants to build the tower to improve cell service for residents in the area. Company attorney Mattaniah Jahn outlined the project for the city council and about a dozen residents who turned out for the hearing. Jahn told them Vertical Bridge looked at different locations around Baldwin. According to a study they conducted, she said the location at Traditions Drive would provide the best coverage.

Following Jahn’s presentation, Baldwin Mayor Stephanie Almagno opened the floor to anyone wanting to speak in favor of the proposed project. No one came forward. However, several filed to the podium when she opened the floor to those opposed to the cell tower.

Family concerned about health effects

Baldwin resident Mike Tope expressed the health concerns he has for his family should the tower be built adjacent to his property. (Jerry Neace/NowHabersham.com)

Baldwin resident Mike Tope voiced his opposition to the cell tower. His property is next to the site where the tower would be located.

“We are adjacent to this property. We live right next to it. The cell tower that is proposed is roughly 298 feet from our house, not property, house. This will have a direct impact on me and my family especially,” Tope stated.

Tope worries about the potential negative health effects the radio frequency waves would have on his family. He referenced studies that conclude a recommended safe distance from a cell tower is 500 meters (1,640 feet).

“If this cell tower is approved, really, there is no doubt we would have to sell our house, and that would be devastating for us. This is our home. This is where we want to be,” Tope told the city council.

County concerned about airport safety

Ralph Taylor from the Taylor and Hunt Law Group, which represents Habersham County, spoke in opposition to the tower as it relates to airport safety for approaching and departing aircraft.

“I am here to voice the county’s concerns and objections to this variance application before you. We believe this tower is going to present a clear and present danger to the operations of the airport,” Taylor stated.

He explained to the council that the tower would be a 300-foot obstruction within one mile of the airport, with planes taking off and landing.

Habersham County Attorney Ralph Taylor expressed the county’s concerns about airport safety should the tower be built. (Jerry Neace/NowHabersham.com)

Taylor added that the city’s ordinance contained an airport overlay district. In that ordinance, it provides language that the airport should receive notice of this type of application to elicit comments on how this tower may affect the airport.

“For those reasons, we would ask the council to consider denying the application,” said Taylor.

Airport Commission ‘strongly against’ cell tower

Baldwin resident and former Habersham County Commissioner Andrea Harper added her voice to the chorus of opponents. She assisted with Baldwin’s comprehensive plan and said she was honored to have done so. However, “This is actually against your comp plan. It says that you will respect and maintain your neighborhood residential areas.”

“So not only are you tempting fate with your comp plan, but you’re also going against your actual overlay district ordinance,” said Harper. “I am asking that you vote against the tower at any height and against the variance.”

Habersham County Airport Commission Vice-Chairman D. Higgins also addressed the council.

“I just want to get on the record that the Habersham County Airport Commission is against the tower being placed there,” he said.

The Habersham County Airport is located in Baldwin, Georgia. (NowHabersham.com)

Higgins added, “We are strongly against the tower. It may not be a hazard per se for navigation, but if you’re flying and you lose an engine and you have to turn quickly to get back to the runway, you don’t want a 250-foot obstacle in your way.”

Baldwin Councilmember Maarten Venter pointed out that the airport has helicopters landing and taking off from the airport that don’t utilize the runway flight path. They are able to enter and depart from the airport in all directions.

Councilmember appears skeptical

Local attorney Doug McDonald expressed his concern over the letter issued by the FAA stating that they determined that there was no hazard to air navigation. He explained the FAA could not compel the council to approve the application.

“The FAA letter cannot tell you what to do. They can’t make you give a permit. They do not govern the city of Baldwin,” he told city leaders.

McDonald also stated that to have a civilized society, we must have rules. “T-Mobile is asking you to change your rules,” he said.

Jahn agreed with McDonald, stating that the FAA can’t tell the council what to do, but she added that the FAA can tell Vertical Bridge not to build the tower.

Council Member Maarten Venter (right) expressed his opinion on the location of the tower in Baldwin. (Jerry Neace/NowHabersham.com)

Councilman Venter stated that he understood the need for cell service in the area.

“We have to keep in mind that this is more than just technology. I understand. I work with cell signals every day. I understand the difficulties.”

However, Venter appeared skeptical about the tower’s proposed location.

“You’ve got these two towers on either side of Baldwin, and they’re outside the city limits, and now you want to plant this giant tower in the middle of Baldwin,” he said. Venter continued, “It seems to me that there’s plenty of other options available. I’m sure there’s something else that can be done other than slapping that tower in the middle of Baldwin.”

Jahn explained after the meeting the need for the cell tower in the area.

“I presented the case before the council. There’s a lack of coverage in the area, and it’s needed.”

Next steps

Before Vertical Bridge can build the cell tower, it must first get the council to approve a special use permit and variance.

The permit would allow the company to build the cell tower on property zoned R-1, residential, which is not currently allowed. The variance would allow Vertical Bridge to build the tower nearly 100 feet higher than the current 165-foot limit.

City council members will discuss both matters again at their meeting on Feb. 12. They’ll hear the first reading of the proposed ordinance that would allow construction to proceed. The council is due to make its final decision on Feb. 26.

Vertical Bridge has encouraged the Baldwin City Council to approve the first reading as a matter of procedure. The company says it can have a representative available on Feb. 26 to answer any FAA questions ahead of the council’s final vote.

The Baldwin City Council next meets at 6:30 p.m. on Feb. 12 in the Baldwin Municipal Courtroom at 155 Willingham Avenue.