Subject:  (Masory) Re Sprint "scientific" real estate studies (fwd)
Date:     Thu, 10 Dec 1998 171830 -0600 (CST)
From:     "Roy L. Beavers" <rbeavers@llion.org>
To:       emfguru <rbeavers@llion.org>
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---------- Forwarded message ----------
Date: Wed, 09 Dec 1998 08:01:53 -0800
From: Oren Masory 
To: "Roy L. Beavers" 
Subject: Re: Sprint "scientific" real estate studies

Hello Roy,

Would you please forward this to Larry in La Grange IL.

Larry

This is a summation of what is going on in my area regarding cell towers
that were built without zoning approval:

1.  In the City limits of Boca Raton
PrimeCo built a cell tower 156ft. tall adjacent to the structure of Calusa
Elementary in 1996.  PrimeCo built the tower without going to the process.
BellSouth built a cell tower 125 ft. tall at Spanish River High again
without seeking zoning approval from the city.

On February 1998 (after a lengthy struggle of FACTS) Boca Raton Code
Enforcement Board cited both towers.  The board told them
i.  Go through the process; file for zoning approval
ii.  Take it down
iii.  Pay $250 per day (the max possible under FL law)

this ruling was appealed; there is no verdict yet.
[in FL schools are exempt from zoning if they built for education.
BellSouth and PrimeCo use in their appeal this loophole claiming this is
education although the towers have nothing to do with the education.  the
towers are strictly commercial]

2.  In unincorporated Boca Raton- Palm Beach County
BellSouth built a tower at Boca Del Mar.  After a length and bitter
struggle (3 years) of the president of La Condo Residence Barry Halfenbein
the county discover last spring that the tower had no documentation to
support the claim of BellSouth that the tower was legally approved...
BellSouth failed to provide such documentation.  The county is now
prosecuting BellSouth.  Hopefully code enforcement will hear the case at
the end of January.

As you can see these are three towers that were never zoned and that the
local governments are prosecuting.  Provide this info to your concilmen.

Successful stories:
Again due to FACTS relentless efforts
i.  Two Omnipoint towers were dismantled in unincorporated PBCo because
they were built without zoning.  The Board of County Commissioners vowed to
take them down and told Omnipoint that they will never vote for the towers
unless they take them down.  Also the county made it clear to Omnipoint
that no further business will be conducted before the resolution of this
dispute.  Dragging the issue in the courts for years won't pay.  The
result: Omnipoint took the towers down without litigation.

Industry was used to built will-nilly and then seek approval.  These days
are over down here due to citizens uproar.  The school towers in the city
and theone at Boca Del Mar are remnants from this era of lawlessness.

Two more cases:
Sprint replaced a utility pole of the electric company some 50 ft. away
fromMurray Stock home in boca woods county club without zoning apporval in
April 1997.  Murry faught it and finally Sprint agreed to relocate the
tower next to a maintenance shed of the gulf course.  This time they seeked
approval from the county.  (originally they said that a utility does not go
through zoning)

Sprint built a controversial tower in the Village of Wellington (an
affluent suburb of West Palm Beach in Palm Beach County) using a loophole
in regulations.  the citizens were irrate and finally the village condemned
the tower and is in the process of forcing Sprint to hang their antennas on
aBellSouth tower in the village.

Good Luck

Shoshana 





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Reprinted with permission of Roy Beavers, http://www.feb.se/EMF-L/EMF-L.html