Council reaffirms cell tower decision

POULSBO — Poulsbo City Councilman Dale Rudolph pled with his peers Wednesday to reconsider their Sept. 13 decision to allow a 140-foot wireless monopole on Rhododendron Lane. However, Rudolph’s concerns were met with poor reception as councilmen Jeff McGinty, Jim Henry, Ed Stern and Mike Regis voted to uphold their earlier decision to overturn the initial determination made by the city’s Hearing Examiner Ted Hunter.

POULSBO — Poulsbo City Councilman Dale Rudolph pled with his peers Wednesday to reconsider their Sept. 13 decision to allow a 140-foot wireless monopole on Rhododendron Lane.

However, Rudolph’s concerns were met with poor reception as councilmen Jeff McGinty, Jim Henry, Ed Stern and Mike Regis voted to uphold their earlier decision to overturn the initial determination made by the city’s Hearing Examiner Ted Hunter. Hunter denied Verizon’s application for the facility in his July 24 decision because “the establishment, maintenance and operation of the proposed wireless communication facility at the specified site will be significantly detrimental to the general welfare of the persons residing or working in the neighborhood.”

The facility will be located on the east side of Rhododendron Lane just north of the intersection of Rhododendron Lane and Finn Hill Road.

“The Hearing Examiner looked at the future status of the developed site,” Rudolph said, as he made his case for the significant visual impacts that will be caused by the facility.

Currently, the area has plenty of large trees which will screen the pole initially, but once the area is fully developed, those trees probably won’t be there, he said.

“I urge one of you to reconsider your vote, and go to the other side,” Rudolph said.

Regis responded to Rudolph’s plea, asking that he put his argument in terms of the written decision prepared by City Attorney Jim Haney.

“I would like to see that based on 5, 6, 7 and 8 if you could add the specifics that would be a bonus,” Regis said.

Councilwoman Connie Lord then joined Rudolph, noting that she, too, found Hunter’s decision to be factual and logical.

“This is a visual impact. We hired the Hearing Examiner because he had experience in land use law. I don’t take overturning the Hearing Examiner lightly,” Lord said, asking council to follow Rudolph’s lead and reconsider its Sept. 13 decision.

Stern entered the fray and said that if the Hearing Examiner system were airtight, council wouldn’t need the right to review his decisions.

“I, myself, in my understanding of law, find this doesn’t meet the test of significant impact,” Stern said.

Plus, the city’s consultant and planning department reviewed the options for the site before recommending the Rhododendron Lane option, he said.

Rudolph countered that the council members supporting the Sept. 13 decision were telling Verizon to “do the best you can with what you’ve got.”

“If all you’re going to do is say, do the best job you can and we’ll have the votes, we don’t need Conditional Use Permits,” he said. The CUPs give the council the ability to determine what fits best with the character of each neighborhood, he said.

“I have the feeling we didn’t say ‘no’ as opposed to what the Hearing Examiner said,” Rudolph said. “We can say, ‘No.’”

Regis responded that Hunter made his decision and the council has the right to accept it or reject it. With that, he moved to adopt city council’s findings, conclusions and decision reversing the Hearing Examiner’s decision to deny the Verizon Wireless conditional use permit application. With a second from McGinty, who cast the first vote for the reversal, followed by Henry and Stern before Regis cast the deciding vote.

The only remaining recourse for those opposed to the facility is to appeal the council’s decision to the Kitsap County Superior Court.

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