Judges approve tower proposal

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July 29, 2012

Judges approve tower proposal

Sandra K Reabuck sreabuck@tribdem.com The Tribune-Democrat Sun Jul 29, 2012, 12:01 AM EDT

EBENSBURG — A controversial, 195-foot-high wireless communications tower proposed for an Upper Yoder Township site has gotten the OK of three Cambria County judges in an ongoing zoning battle.

Although the judges gave what they termed “deemed approval,” there are lingering legal issues to be resolved at the township level that might be able to affect the final outcome.

Two companies, Pegasus Tower Co. Ltd. and Open Range Communications Inc., want to erect the monopole tower and associated equipment in what would be a fenced-off area of land off Lauren Lane near the Westmont Borough line.

The companies are appealing decisions made by the township supervisors and township zoning hearing board.

Judges David Tulowitzki, Norman Krumenacker and Linda Fleming said in their 16-page opinion that they issued the approval for the tower construction because the township supervisors had failed to hold a public hearing within 60 days before rejecting the application to erect the tower.

The three judges ruled that the supervisors must clarify in writing that the township has no authority to grant a special exception of a conditional use in an area zoned “S” for “conservancy district.”

In addition, the judges said that the township zoning hearing board is to issue a decision that conforms with state law on whether the zoning ordinance is exclusionary. The two companies contend that the ordinance does not spell out where such towers may be located.

Property owners from the area who are opposing the tower’s erection were permitted by the court to intervene and take part in the case.

They are Dr. Harry and Marjorie Pote, Dr. William and Carol Ann Pruchnic and Dr. George and Rani Frem, all of Lauren Lane, and Dr. Samuel and Francine Glass of the nearby Timson Drive.

The court ruling was handed down July 17, and the township ran a legal advertisement notifying the public that anyone with an objection to the ruling should file it with the court.

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