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Lower Makefield will tap outside counsel for cell tower case

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Dynamics continue to change in the case of Verizon Wireless’ proposal to erect a large cell phone tower on the property of the Congregation Beth El Synagogue at 375 Stony Hill Road in Lower Makefield.

At its April 19 meeting, the board of supervisors voted 3-1 to seek a conflict counsel in the case, and also by the same vote to request that the township zoning hearing board postpone its now-scheduled May 2 consideration of the matter to a later date.

Supervisors’ Chairman Fredric Weiss and fellow board members Daniel Grenier and Suzanne Blundi voted in favor of both motions, with John Lewis the lone no vote on both. Supervisor James McCartney was unable to attend the meeting.

Township Solicitor David Truelove said appointment of conflict counsel is necessary because a member of his law firm, Hill Wallack, lives near the synagogue and will be a “party” when the ZHB deliberates the matter. Once an outside counsel is appointed, the supervisors will decide whether to oppose the application for the tower or just participate in the zoning hearings, or simply defer the matter to the ZHB, Truelove explained.

Verizon Wireless had originally proposed the tower for the Brookside Swim and Tennis Club at 499 Stony Hill Road but then withdrew that application and filed another one to erect the structure on the property of the synagogue, about a mile away on the same road. The company is seeking a variance from the zoning board to allow the 150-foot high tower to be disguised as a pine tree in a zoning district where it would not normally be permitted.

In the alternative, Verizon seeks relief to allow the structure because a denial of the variance would, according to company officials, “have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users in violation of the federal Telecommunications Act.”

Some nearby residents have stated at supervisors’ meetings and on social media that the tower is needed because cell phone reception along much of Stony Hill Road is very poor. However, several others oppose the tower at the Beth El location, based on social media comments.

Township Manager David Kratzer said township staff will meet with Verizon officials next week to discuss possible alternative sites for the tower, get a better understanding of deficiencies in service and go over other issues connected with the proposal.

In another action from the meeting, the supervisors voted 4-0 to grant preliminary/final major subdivision approval for a project at 1273 Lindenhurst Road. It will break off two new building lots from the current parcel for the construction of two new single-family homes.

Representatives for the applicant said an existing historic farmhouse and post and beam barn will be preserved.


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