Hampton cell tower project decision comes down to the wire
HAMPTON — A vote by the town Zoning Board is coming down to the wire as members seek more information on a proposed cell tower’s impact on property values.
Board members came to the Dec. 21 meeting expecting to decide whether Vertex Towers should be granted height and use variances for a 156-foot cell tower at 17R Barbour Road. The board has a legal window of 180 days to decide, and the clock expires Jan. 17.
The board decided one of the five criteria in state law for granting variances needed more consideration – whether the tower would impact neighboring home values. Four of the five criteria have been met to grant variances to Vertex Towers, according to ZBA member Erica DeVries.
She said a lack of expert opinion on potential property value impact, specifically in New Hampshire and the Hampton area, left her unable to vote. She wanted to allow residents an opportunity to provide their own expert testimony, leading the board to vote to reopen the public hearing at its next meeting.
“I do not believe we have enough information to make a well-informed decision,” DeVries said.
Board members grapple with Vertex application
The tower proposed by Vertex is one of two the company has looked to build in the area that would give more service along Route 1 in North Hampton and Hampton. The proposal for the project in North Hampton has already received approval, but the Hampton Zoning Board has taken since last summer to make a decision. The project is also before the Hampton Planning Board, which is awaiting the zoning decision to proceed.
Vertex argues the site at Barbour Road is the only viable location for a tower to improve cell service. Vertex attorney Francis Parisi has said the Telecommunications Act of 1996 prohibits municipalities from rejecting applications for cellular towers when there is no viable alternative.
Other sites were examined by a town consultant at Twelve Shares and on High Street.
Board members said earlier this month they thought the land at Twelve Shares could have been another option and would have conformed to town zoning. DeVries said at the Dec. 21 meeting that a mistake had led to that conclusion, as pointed out by a resident Peter Tilton during the public hearing.
With only one piece of criteria remaining to consider Thursday, DeVries said she has received several reports and articles from residents demonstrating property values are impacted by cell towers. Those were found in publications ranging from the Wall Street Journal to the Times of India.
DeVries said general opinions from Realtors were not satisfactory in determining the impact of a tower built in the woods in Hampton.
“What this zoning board is missing is any expert testimony on the specific impact that a cell tower would have on properties in the Barbour Road area,” DeVries said.
ZBA member Tom McGuirk, a Realtor, said only an appraiser is qualified to provide a legal value for a property. He said Realtors can only estimate.
“We can only give our opinion of value,” McGuirk said. “We actually can’t define what the value is in a legal point of view.”
Vertex critical of Hampton board’s delay
The board received blowback from Vertex attorney Francis Parisi, who said he has already provided a report from a Portsmouth-based appraiser finding there would be no impact on property values. He said the report was presented to the board in September. It states there is no evidence that the tower will have an impact on the selling price of single-family homes.
“We already have this information,” Parisi said.
Zoning Board members said they had missed the report because of the amount of information they had received from Vertex on the application. DeVries said she wanted a chance to thoroughly read the report before the Jan. 10 meeting.
“We have stacks of applications,” DeVries said. “I want to be able to spend the time.”
Parisi said the board’s continuance was unnecessary.
“I apologize for submitting exactly what you asked for,” Parisi said. “And, unfortunately, the board just wants to kick the can down the road.”
If a decision is not made before the 180-day mark, Zoning Board Chairman Bill O’Brien said the variances are denied. However, he also said it is likely Vertex would win in court if it filed legal action and if the Zoning Board had taken no stance.
Dolores Messner, a resident who lives near the site, said she appreciates the board is giving residents a chance to provide expert testimony but questions whether an appraiser’s work can be completed in time.
“They’re going to run out of time,” Messner said. “It’s just going to be a dead deal, that’s all I can see.”