Sent via email: 11/22/11
Dear President Nancy Seegar, Georgia Association of Zoning Administrators:
I am writing to you today on behalf of the citizens in DeKalb County, GA, with the hope that you or your association might be able to help us understand some zoning issues that are currently the center of much controversy and has many residents, homeowners, taxpayers and voters upset with the way we believe our rights are being violated.
The subject is the placement of telecommunications towers,
specifically T-mobile cell towers, on public school property.
We understand that the DeKalb County School Board voted in July to lease property at 9 schools throughout the county to T-mobile, a commercial entity solely interested in tax breaks and profit with no contribution to the educational endeavors of our school system. While we are upset about the short notice and lack of notification provided by the school board, we do understand that the time to voice our objections to them has passed as the leases have been reportedly signed. That is what brings us to you for help in understand the process.
We have started a non-profit group to assist the concerned citizens who live near these 9 schools by provding a central location for news and information that might help them understand what has taken place and what rights they may have if they wish to oppose the placement of any of these towers before construction begins. According to statements by the school board, that construction may begin anytime and will likely be complete by March 2012, so we do not have a lot of time.
Once the land lease was approved, we expected that T-mobile would then need to get a Special Land Use Permit for each site. We expected these permits to require public hearings and notification since the permits require the re-zoning of residential areas to accomodate the large, industrial structures which, until now, we have not seen located anywhere except commercial properties or setback from major highways and Interstates. So, our group was prepared to speak out and assist each of the 9 communities with bringing any specific concerns related to the zoning issues to the attention of the zoning committee and county commissioners, by preparing briefs and speaking out during the typcial public comments portion of such hearings.
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We were very surprised to learn that, instead of following what we thought would be a standard process - and what was mentioned in the actual school board meeting at the time they took the vote - the county allowed T-mobile to file for "Administrative Permits" which is a process that does not allow for public input. After being shut out of the school board's process, the surrounding homeowners had no way to object during the land lease portion of this decision. But, now, due to the type of permit being used, they are also being shut out of the zoning process. How can this be a fair process?
To make matters worse, when we contacted our county commissioners, we were told that T-mobile is claiming that the "exempt" status to standard building codes and ordinances that is provided to the government's own public school system is somehow passed along to them as well, so they do not have to follow any set of standards.
The permits will essentially be "rubber stamped" and these towers will go up with little or no oversight as to their safety for the public or their compliance with RF emissions standards, setback requirements, fall zone distances, building codes, HAZMAT notifications to local fire departments and their distance to other structures that are built for the intended purpose of use by humans, such as homes, schools and outdoor classrooms and nature walks.
The permits will essentially be "rubber stamped" and these towers will go up with little or no oversight as to their safety for the public or their compliance with RF emissions standards, setback requirements, fall zone distances, building codes, HAZMAT notifications to local fire departments and their distance to other structures that are built for the intended purpose of use by humans, such as homes, schools and outdoor classrooms and nature walks.
We have asked repeatedly for someone to show us where this "law" of exemption exists at the state level, but no one has been able to do so. We offered up a case where the Supreme Court stated that the exemption was provided if the land was to be used for public or educational purposes. T-mobile is strictly planning to use this land, which is now actively a part of a school paid for by taxpayers being used to educate our children, to build strictly for-profit structures. These structures are dangerous for children and the community, and they require regular maintenance, a large access road, high-voltage utility lines, and will present numerous other hazards that are not even related to the health concerns of constant RF radiation emissions. (which we know you cannot consider as the sole reason for denying a permit).
We do not believe that our county zoning administrators are considering the impact long-term if they allow these towers to be built without any regard to the public's right to be heard on these issues.
Our county officials are telling us their hands are tied. Our state representatives have expressed concern and written letters of support for our effort. But, no one is telling us what we can do right now before it is too late.
We do not believe that our county zoning administrators are considering the impact long-term if they allow these towers to be built without any regard to the public's right to be heard on these issues.
Our county officials are telling us their hands are tied. Our state representatives have expressed concern and written letters of support for our effort. But, no one is telling us what we can do right now before it is too late.
We do not want a dangerous precedent to be started here, especially when our neighborhoods are already very well-covered with cell towers. One in particular, the Margaret Harris Comprehensive School in Atlanta, serves a vulernable population of children with physical and mental handicapps and they are situated deep in a residential neighborhood that already has a reported 155+ cell towers in a 4 mile radius. This is quite extensive by any standards, especially since we only have 5 major wireless carriers in Atlanta.
Clearly there should be nearby options for co-location or commercial property that would protect the zoning regulations that are in place to protect the privacy and beauty of a well-established residential community that does not want an unsightly cell tower to lower their property values, bring safety and health concerns to the center of their community and does not want to see their neighborhood dog park and green areas replaced with an industrial tower that is 60 x 60' wide at the base and towering 150' overhead.
Can you please help us to understand the role of our zoning officials and how a school board can have more power than our elected government officials to determine where commercial properties can be established and what zoning regulations that should meet, or worse, that they can choose to ignore.
There seems to be a breakdown in the process somewhere. We are hoping you might be able to assist us, or help our county ensure it is functioning properly with regard to its own rules and regulations so that we can avoid future litigation that could be costly and time consuming for all parties involved.
There seems to be a breakdown in the process somewhere. We are hoping you might be able to assist us, or help our county ensure it is functioning properly with regard to its own rules and regulations so that we can avoid future litigation that could be costly and time consuming for all parties involved.
Thank you for you time,
Cheryl Miller
Get the Cell Out - Atlanta Chapter
To view the names and comments on our current and previous petitions on this matter, see these links:
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