One man's 53-foot ham radio tower is another man's eyesore, according to arguments heard at a public hearing before Penn Township's Zoning Hearing Board Thursday.
Although Charles Mills, of 60 Regola Drive, was reissued a permit for the tower in August after making some modifications to his original plan presented in March and declared invalid in July. But some neighbors are again appealing the decision that allowed him to erect the structure in his back yard.
"Mr. Mills put it up without a permit. He didn't do his due diligence," neighbor John Ducar, of 4 Oakridge Drive, said. "He tried to fall under the radar, like nobody is going to notice a 50-foot tower. This is a major eyesore. This is a major aesthetic nuisance."
Ducar asked Mills to move the tower from its current location and better screen it from view.
"We've talked to them on numerous occasions, a number of neighbors have," Ducar said. "They've been combative more than anything."
Mills, a ham radio operator for 21 years, said moving the tower would be too expensive, adding that he put in two Leland Cypress trees to help screen it.
'"There was a tremendous amount of debate and consternation about my original choice of trees," Mills said. "There was a suggestion that I plant Leland Cypress and I did. I got the biggest that I could."
Attorney Mike Lazaroff, who represents Mills, said his client could have taken the matter to court but decided to go in another direction.
"(We decided) we would address the concerns this board had in its findings of fact rather than go to the appeal process in the courts," Lazaroff said. "We feel we made a reasonable and good-faith effort to work with the township and its residents."
Another issue is if federal and state laws governing amateur radio operators supercede local municipalities.
Lazaroff has maintained the tower is protected by a Federal Communications Commission ruling that local governments must reasonably accommodate amateur radio operators. Also, state legislation with similar language that will become effective Dec. 9.
Lazaroff presented the zoning hearing board with 12 letters from neighbors supporting Mills and his tower and a petition containing 47 names of township residents.
"I have great piece of mind knowing that Charles Mills has a tower so that if and when there is another disaster such as 9-11 or something worse, God forbid, we have someone in our township that we can count on to communicate and coordinate our emergency efforts," said resident Melinda Young.
The board is expected to render a decision when it meets Dec. 11.
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