Damascus tower in question

By DIANE GLYNN

DAMASCUS — Can Princeton Towers Cellular Company sign a lease agreement to erect a cell tower on Damascus Township property if the township zoning ordinance prohibits a cell tower on the specified site?

Damascus Township Supervisors William Gager, Lawrence Newport and Stanley Kuta signed a lease agreement with Princeton Towers on July 16, 2001 for the cell tower company to rent an 84,900 square-foot site on township property near the existing municipal building. The lease was for five years, and the township would receive $750 per month.

The problem?

The entirety of the Damascus Township property, as specified in the agreement, lies within an area zoned as either rural residential or river district property. Zoning prohibits “commercial communications devices” (cellular towers) in the river district section, and conditionally approves cellular towers in the rural residential section.

The lease specifies that it is contingent upon zoning approval.

In August 2001, the township advertised for a public hearing for a conditional use application submitted to the township by Princeton Towers.

To date, no formal application has been made by Princeton Towers. In November 2001, Princeton Towers sent Damascus Township a check in the amount of $750. The accompanying correspondence specified that the check represented “the Initial Option Fee referenced within the lease which was executed on November 28,” indicating the company’s intention to develop the site.

In January, Damascus Zoning Officer Ed Lagarenne issued a letter to Denise Archer, site selection representative for Princeton Towers, that said, “The Damascus Township Zoning Ordinance does not include Commercial Communications Devices in the River District. You may consider pursuing a Curative Amendment to accommodate the tower in the River District.”

A curative amendment may still be pursued in the matter if Princeton Towers chooses.

At the Monday, March 18 meeting, township supervisors unanimously voted to return the $750 check to Princeton Towers.

The supervisors were unavailable for comment.