By Dawn De Busk

Staff Writer

NAPLES — It was made clear that any health concerns from radio frequency (RF) emissions from a proposed cell tower would NOT be discussed by the Naples Planning Board.

After all, the Federal Communications Commission (FCC) had already deemed an allowable amount of emissions. Also, federal law prevents cell tower projects from being denied based on health concerns; and federal laws supersede local ordinances.

Abutter Vanessa Plante said it was disheartening that none of the documented health concerns from cell tower emissions could be discussed.

Abutter Scott Gartsu said he felt like a Guinea pig, not knowing how living close to a cell tower might impact him.

Planning Board Chair Martina Witts said that local authorities cannot override federal law. In order to change such law, people could contact their Maine representative in congress in Washington, DC, she said.

To the dismay of many neighbors, the construction of a 124-foot tall cell tower in an area close to Sebago Lake State Park Campground was approved. The approval was granted on Tuesday night, which was the third time to applicants appeared before the board. The cell tower project by Tarpon Towers II, LLC and Verizon Wireless Communications will be going in on Wilderness Way, property accessible off State Park Road and owned by Scott and Kendra Kimball.  

On Tuesday evening, the proposed cell tower was the only item on the agenda. It opened with a public hearing. A letter from concerned citizens was read into record. Health issues stemming from radiation exposure were a key issue as was the degradation of the natural scenery around Sebago Lake.

Neither were reasons to deny the project.

At first, it appeared the applicant was going to be delayed for another few weeks until documentation regarding the noise of the tower’s cooling fans was received by the board. Then, in a turn-about almost two hours into the meeting, the board agreed to vote on approval with conditions. 

“I am not prepared to make a decision tonight,” Planning Board member Martin Zartarian said.

Abutter Mike Griffin had spoken about the noise levels of cooling fans on the structure and the noise levels of the diesel generator. In response to that concern, Zartarian requested documentation showing the decibel readings of the cooling fan, which is constantly running but housed in a cabinet.

Board members said if there were a power outage and the cell tower’s generator kicked on, the generators of other neighbors would be running, too, making the noise concern a moot point.

To allow more time for the applicant to supply more paperwork, the board was trying to schedule Tarpon Towers for a future meeting: Feb. 18 or March 4.

Tarpon Towers’ Executive Vice President of Corporate Development Ken Curley asked if the data being requested could be provided later as a condition of approval — saving the applicant time and travel.

Additionally, coming up with data on decibel levels seemed to be an exercise in futility, he said.

“Because there is no decibel requirement in the Town of Naples, there is no number we have to meet. Whatever number we provide it becomes irrelevant,” Curley said.

Municipal Planner Kathy Tombarelli read the Noise Ordinance, “It should not be readily detectable at the lot line.”

At that point, the board agreed to vote on approval.

It nailed down the noise request. As a condition of approval, at a later date the applicant would provide the information on decibel readings of the cooling fans from 483 feet away, which is the distance from the nearest abutter, excluding the people leasing the land.

Another condition of the approval is that the building permit will not be issued until the decommission bond had been received. The applicant will provide 125% of the decommission cost in a bond totaling $32,850.

During the meeting, a couple environmental issues were brought up: the use of diesel generator versus a propane one, and the fear of a diesel spill in an area so close to Sebago Lake.

Mark Beaudoin, the attorney representing Verizon, explained the company uses double-walled generators. If oil leaks from the machine, it is contained in the second wall and a warning system goes off, he said.  

Also, the visual appearance of the 124-foot tall tower was discussed.

Some members of the planning board went on a site walk and discovered the undeveloped land had very tall trees that would buffer the appearance of the structure. Witts estimated the tower will be about 30 feet taller than the trees around it.

Abutter Mike Griffin asked about using fake branches to disguise the tower as a tree — as has been done in other towns. 

EVP Curley said that style didn’t hold up to time and weather, the branches degrade and have to be replaced. Also, the branches impact the effectiveness of the equipment. Plus, it does not leave room for other carriers to rent space on Verizon’s tower.

“It’s going be a mono-pole, a dull gray color to blend into the sky,” Attorney Beaudoyn said, describing the tower.

On Feb. 25, the cell tower project goes before the Naples Zoning Board of Appeals on Feb. 25 to ask for a variance on the height limit.