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Cemetery cell tower gets conditional nod

May 31, 2017 by Editor

By Michael Howell

The Hamilton City Council approved a land lease agreement on May 2 that would allow Gold Creek Cellular, a Montana Limited Partnership d/b/a Verizon Wireless, to install a cellular tower at Riverview Cemetery provided it obtains a conditional use permit from the Zoning Board of Adjustments.
The city council held a public hearing last August to take public comment on possibly leasing some ground at the cemetery for a cell tower. The company first tried to place a cell tower on property owned by the Hamilton School District next to the city’s River Park. That proposal met stiff resistance from local neighbors and users of River Park and failed to go through.
The current proposal would involve construction of a 60-foot-high “faux pine” cellular tower with an associated equipment shelter and outdoor generator at Riverview Cemetery. It would also involve the development of a roadway and some fencing. Only one person testified at the public hearing last August concerning the issue. But, at the May 2 city council meeting, close to a dozen people spoke strongly against placing a cell tower in the cemetery.
Larry Strate, who owns a plot at the cemetery, said that he objected to the conditional use because he believed it was inappropriate for the cemetery to include any commercial activity.
“A cemetery should be a cemetery,” said one man whose parents and grandparents are buried there.
One woman said she was speaking on behalf of all the out-of-state people who have family buried here and return annually to pay their respects. She and others spoke about the value of solace provided by the peace and quiet of the cemetery and how that might be destroyed by the sound of a generator.
Several people used the word “disrespectful” and also complained about lack of notice.
City Attorney Karen Mahar noted that the council had held three meetings and a public hearing about the proposition last summer and that there would also be opportunity for public comment at the Zoning Board of Adjustment meeting where an application for a conditional use permit must be obtained.
Councilor Ken Bell said that the council had been discussing the possibility for over a year and folks had plenty of chance to comment.
“One person showed up at the public hearing. I would interpret that as: nobody cares,” said Bell. He also said the city “had no monetary interest in the tower. It might pay for some maintenance at the cemetery.” He said basically the company came to the city and “presented it as something we could do for the community – providing better cell service.”
Councilor Joe Petrusaitis added that it was more than cell phone usage, it was an issue of data downloading. “They are competing with cable companies and phone companies for customers to download movies and videos,” he said.
The vote to approve the lease on the condition that a conditional use permit from the Zoning Board of Adjustments is granted resulted in a 3 to 3 tie with Councilors Kristi Bielski, Travis Martinez and Ken Bell voting in favor and Joe Petrusaitis, Jenny West and Rod Pogachar voting against. Mayor Jerry Steele broke the tie in favor of approval.
The meeting scheduled in May for the Zoning Board of Adjustments to consider the permit request was cancelled and rescheduled for July 24.

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