Tuesday, October 24, 2017

Verizon Wireless, Local Control and State Law

On Sunday, I posted about the Verizon Wireless proposal to place a cell antenna on the Norwich Green and wondered why aesthetics and the Town’s zoning regulations were not part of the presentation by the carrier. It turns out that our zoning regulations do not strictly apply as the State has supplanted local control with its certificate of public good (CPG) law that places a streamlined approval process in the hands of the PUC.
However, that is not the end of the discussion. The CPG law does not change landowners rights. If Norwich owns the land, the Selectboard can decline to let Verizon Wireless use the land [for any reason or no reason] or negotiate terms in the best interests of the Town. Of course, the company can say no too, leaving cell coverage spotty, or find a more agreeable landowner to site the antenna.
I do not see the Verizon Wireless request as routine and think the Selectboard should get input from the Historical Society and the Planning Commission. Am I making a mountain out of a molehill? Perhaps. But, I would want to know a little more about the look and noise level of the unit before granting for ‘free’ a broad easement in perpetuity [or even for 5 years].
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LINK: Title 30 V.S.A. § 248a, Certificate of public good for communications facilities:  http://legislature.vermont.gov/statutes/section/30/005/00248a
PHOTO:  Verizon Wireless small cell short antenna atop a telephone pole, from 2015 Block Island Times story

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