By Michael Howell
Despite overwhelming public comment against placing a cell phone tower on the Hamilton Cemetery grounds, the City of Hamilton’s Zoning Board of Adjustments approved a conditional use permit on Monday, July 24 that would allow just that.
Verizon has been looking for a place to erect a new cell phone tower in the area for a number of years. In 2015, a proposal was made to place a cell phone tower on Haynes Football Field next to River Park. That proposal also drew a lot of resistance from the public and eventually Verizon withdrew the proposal.
According to Board of Adjustments Chairman Darwin Ernst, the board received 29 written comments on the proposal and all of them were in opposition to the permit. At the meeting, attended by about 35 people, all but a couple spoke against the proposal. At one point, in a show of hands requested by Ernst, many of those present signaled that they would find the site at the football field more acceptable than this one.
Several people with family members buried in the cemetery appealed to the board not to permit the tower. One elderly gentleman said that his wife died twenty years ago and is buried there and he visits her grave there regularly.
“This would never happen in a Native American burial ground,” he said.
Funeral Director Tom Grymes of Daly Leach Chapel said that he has performed innumerable graveside ceremonies at the cemetery and spoke about the importance of peace and tranquility at such occasions and what it means to those present. He said sound carries a great distance at the place and it does not take much to disrupt a quiet graveside service.
“Sacred ground” was a term used by many.
Dee Anne Harbaugh said that she visits all the parks in town and enjoys them. “But when I want a quiet place to get re-charged I go to the cemetery,” she said.
A few expressed opposition, not to just the cell phone tower, but any commercial use of the cemetery property. Larry Strate said that he had a headstone waiting for him at the cemetery and was “adamantly opposed” to commercial development of any kind in the cemetery.
At one point a question was raised concerning state statutes that would prohibit using cemetery land after the cemetery has been in use for five years, unless the ground has been determined to be “unsuitable” for graves.
City Attorney Karen Mahar noted that the City Council, in its deliberations, had already made a finding that the ground proposed to be used for the cell tower was not suitable for grave sites. She also made note that concerns about radio frequencies emanating from the tower cannot be used as an objection to placing a cell phone tower, according to federal law.
Concerns about the potential noise created at the site centered around the use of an outdoor electric generator. According to Taylor Thomas, who made a presentation about the project on behalf of Verizon, the generator would only be used for one hour, one time a week. He said the timing could be scheduled to avoid conflict with people visiting the cemetery during regular hours.
Chris Bianco was one of only two or three people who spoke in favor of the development. He said that he relies on the internet in his business.
“The technological advancement and economic development benefits far outweigh the negative impacts on the view,” he said.
In response to a question about the cemetery filling up, Donny Ramer from Public Works said that the cemetery currently had about 500 unused plots. He said the proposed lease agreement would have to be renewed every five years and would completely expire in 25 years. He said if more plots were needed the city could choose to not renew the lease at any five-year interval. He didn’t think it would be a problem.
Verizon would pay $15,400 the first year and $14,688 annually in subsequent years. Plans call for placing a 60-foot tower on the property in the northeast part of the park. A gravel road would be built to allow service trucks to enter. The 1,300 square foot tower site would also house a small equipment enclosure and an outdoor generator and be surrounded by a 6-foot tall privacy fence. The tower will be built next to two existing pine trees and be disguised to look like one.
Board member Vivian Yang claimed to be very “conflicted” over the issue. She said it was always hard to site things like this but she was going to vote for it.
“Emotionally I’m opposed to this, but it is a utility issue,” said Yang. “We grow or we eventually become a ghost town.” She said that it was like a gas line, a water line or a sewer line, a necessary public utility for the good of all that impacts a few who live near it. She said she would vote for it even though she doesn’t like the location.
“It doesn’t make sense, but that’s what I think,” she said.
Board member John Trangmoe also talked at great length about his own conflicting feelings.
“I’ve changed my mind already six times tonight,” he said. But, in the end, he voted along with Yang to permit the tower.
Board member Sue Smith said that she believed based on what she had seen elsewhere that the “faux pine” cell towers do end up blending in to the landscape.
The final vote was 3 to 1 to approve the permit.