ANDERSON TOWNSHIP
- The Ohio Department of Transportation (ODOT) plans to allow two telecommunications towers to be built along Interstate 275 here, despite township objections that the 190-foot-high structures would violate local zoning laws.
Though none of ODOT's nine other proposed sites is in the Cincinnati area, Richard Weirich, coordinator of ODOT's Division of Project Management, said that in the coming year, the number statewide could reach 60. Five are operating in Ohio, none locally.
Construction could begin by spring, Mr. Weirich said, adding that the ''telecommunications industry wants to move forward as quickly as possible.''
Too quickly, in the minds of some residents.
''I do think it's a big eyesore, and aren't there other areas that aren't so close to residential developments?'' asked Linda Lauch of Cold Stream Drive, near the I-275 - Five Mile Road interchange.
ODOT argues that a state law granting the right to ''lease'' land for telecommunication providers supersedes Anderson Township's zoning requirement that such towers - called monopoles - be no less than 750 feet from residential property.
Towering trend
Construction of telecommunications towers has increased nationwide since the Telecommunications Act of 1996, which deregulated the industry, leading to more companies serving more cellular phone owners.
The departments of transportation in California and Virginia also have contracted with private telecommunications companies to erect roadside towers, according to Richard Weirich, coordinator of ODOT's Division of Project Management, and since ODOT's plans began, more than 20 states have requested information from Ohio officials.
|
The two proposed sites are along I-275 at the Five Mile Road interchange, and the cloverleaf at I-275 and U.S. 52. Both sites have houses within that zoning radius.
Mr. Weirich said ODOT's windfall would finance major construction projects, thereby benefiting taxpayers.
Construction of free-standing towers, like the ones proposed in Anderson, typically costs about $200,000 each.
The plan: ODOT would lease ''road side'' property to private companies for an annual fee of $8,000 to $22,000, with a 3.5 percent increase each year.
''We're trying to consider the greater good,'' Mr Weirich said, noting that 60 towers bringing in an average of $15,000 per year each, over 20 years, is $18 million.
At I-275 and Five Mile, GTE plans to build and maintain a tower, with AT&T and the Ohio State Highway Patrol as ''renters.'' At I-275 and U.S. 52, AirTouch Cellular has proposed to build a tower, with AT&T, GTE and possibly Sprint as renters. In the deal, ODOT also would get the option of rent-free space to accommodate its growing communications system, which could be hooked up to traffic advisory signs.
''Whether or not these go on (public) rights of way, or to private landholders, I'm confident these towers will go up,'' Mr. Weirich said. ''But we want to take a little bit of time and consider the thoughts and concerns of the township.''
Township officials aren't hesitating to speak their minds.
''I think it is outrageous that ODOT would attempt to shove this down our throats,'' township Trustee Russell Jackson said.
In a letter obtained by the Enquirer, township attorney Paul Schuch wrote Mr. Weirich that ''a permit issued by a state agency does not supersede township zoning.''
''We are trying to assure that (nearby residents) do not encounter towers in their proverbial back yards, without any due process,'' Anderson Township administrator Henry Dolive said. ''But they could apply to the board of zoning appeals.''
Mr. Weirich and Mr. Dolive acknowledged that the question of whether local zoning rules apply to ODOT might become an issue for the courts.
In northern Ohio, a lawsuit involving AT&T Wireless and Plain Township in Stark County addresses similar issues. The Plain Township lawsuit, headed now to the Ohio Supreme Court, concerns whether AT&T is a public utility. If declared a public utility, the company could erect towers anywhere zoned for business, leaving townships or other municipalities without a say, said Richard Kuhn, Plain Township law director.
State Rep. Robert Schuler, R-Sycamore Township, said the legislation that enabled ODOT to lease rights of way for towers was intended to help get them out of people's back yards. He said that ODOT should be sensitive to the wishes of local residents, but noted that federal law requires communities to make room for the towers.
''No one likes those towers,'' he said. ''But they have to go somewhere.''
Christine Wolff contributed to this report.
