Zoners Weigh Case For Cell Tower Along Busy Hamilton By-Pass

The South Whitehall Zoning Hearing Board has not yet reached a decision on whether to allow Liberty Towers LLC to build a 160-foot cell tower at the , along the busy Hamilton By-Pass.

In testimony before the board Thursday night for Liberty Towers, Brian Seidel of Seidel Planning in Pottstown said the cell tower is "a good fit" in the commercial strip. He told the board that cell towers are often located in shopping centers.

The zoning hearing board, which is expected to decide the case on Feb. 23, is weighing whether Liberty Towers LLC, of Rockville, Md., be allowed to construct the cell tower for wireless provider MetroPCS Communications Inc.

The pre-paid wireless provider, based in Texas, expanded into the Lehigh Valley last year. 

According to previous testimony in early January, MetroPCS, which has about 7.9 million customers nationwide, needs the cell tower to eliminate a coverage gap for its wireless customers in that high-traffic section of South Whitehall.  

Liberty Towers is seeking both use and height variances from the zoning hearing board to build the tower, which could ultimately serve six carriers. The Dorneyville Shopping Center is in a highway commercial zone that does not allow for wireless communications facilities. Also, the township zoning ordinance does not permit a tower above 150 feet.

Township oppose its construction.

A memo from township solicitors Blake Marles and James F. Katz, which was put into the record on Thursday night, outlined the tough standards that have to be overcome in order for the board to grant the variances.  They also argued the variances should be denied because there is no significant gap in wireless service in that section of the township, given that other carriers provide service there.

However, attorney Richard J. Lemanowicz, who represents Liberty Towers, pointed to a recent federal court decision in favor of Liberty Towers over Lower Makefield Township's zoning hearing board. In that case, which is under appeal, the court ruled that a wireless carrier need only prove a gap in its coverage, not in wireless coverage overall.

The zoning hearing board requested more information on the federal court decision before ruling.

Given a commercial story height of 14 to 15 feet, a 160-foot tower would be equivalent in height to an 11-story building.