EDGEWOOD, N.M. — By Pat Davis — Three Edgewood residents are taking the town to court over plans to add a new 90-foot cell phone tower on property next to their homes.
The dispute took root last year when the tower’s developer applied to install a new tower on property containing water tanks at the end of Hope Ct. The developer applied for and received approval from the town’s Planning and Zoning Commission to install a new “85-90 foot” tower on the lot to upgrade and consolidate existing antennas from the tank and a nearby 55-foot tower that had been on the property about 30 years, according to public records reviewed by the Route 66 Independent.
Developers argued that a larger 90-foot version would provide better cell phone, internet and emergency connectivity in the area. Residents argued that the plans to build a new tower less than 1 foot from the residential property line did not provide enough setback for different uses and it could negatively impact their property value.
Neighbors Eli Diamessis and Michael and Deborah Hoy appealed that approval to the full town commission which heard the case on Jan. 27. However, the commission ruled those aesthetic concerns were not backed by enough evidence to block the project. Residents also expressed concern about RF radiation from the antennas, but commissioners pointed out that federal law prohibits local governments from restricting antennas meeting FCC requirements.
The commission’s Jan. decision is usually the final word on these decisions, but the residents engaged Albuquerque attorney Michael Cadigan to file an appeal last week to Santa Fe district court.
In the meantime, however, the developers have proceeded with construction. The new tower had already been installed, though antennas had not been moved, when The Independent visited on Mar. 10.
Commissioners added a “pending litigation” discussion on the issue to their meeting agenda on Mar. 10 to discuss the lawsuit with their attorneys in closed session. Court records show that a court date has not yet been set.