T-Mobile cell phone tower planned for Goodnow road

Application (WMS-04-01) has been made to erect a cell phone tower, 130 feet tall, at 7357 Goodnow Road which is adjacent to the property line at the rear of my home.  I strongly object to the placement of a tower in a residential area, especially a tower so close to my home.  I am seeking your support in opposition to this tower.

It appears the tower would be within 100 feet of my property and approximately 130 feet from the back of my house.  I am concerned for the safety of my family and guests.  I have a rear-entry garage, so my vehicles would be at risk in addition to my house and any occupants of either. 

I can’t help but be reminded of the nightmare that Shirley Henson and her family lived through in the Fruit Cove area as a result of a cell phone tower near her “dream home”.  Turkey buzzards were attracted to the tower and perched on the antennae on the tower.  The odor of their droppings was evident over 100 feet away from the tower.  Also, the buzzards ripped the screens enclosing her pool and patio area, defecated all over the patio, and destroyed the area trying to get back out of the screened area.  During the day, the buzzards sunned on her roof and tore the shingles off her roof.  The problems were well documented on local news programs  (WTLV-12) and in the Florida Times Union.  The Hensons were forced to move out of their home due to health and safety concerns.  I do not want this to happen to my home and family.

In addition, a tower at this location would significantly degrade the value of my property and the value of other homes in the area.  The Secret Woods subdivision, which I live in, is a beautiful, well-maintained community and there are other beautiful homes and subdivisions in this vicinity that would be adversely affected.  Of course, a reduction in property values would result in a reduction in the property taxes generated by this area. 

The T-Mobile office on A.C. Skinner Pkwy is less than two miles from the proposed site of the tower.  Why don’t they erect the tower on their own property?  From the intersection of Beach Blvd. and Southside Blvd. , six towers can be seen south of Beach Blvd.   Four and possibly five of those towers are within a half mile of the proposed site for the T-Mobile tower.  They are located on Newton Road and Hogan Road .  Perhaps T-Mobile could use one of these existing towers or its own office location.  Regardless, we don’t need another tower in this area and the city of Jacksonville is not obligated to provide T-Mobile a tower site in this area.

In LAWYERS WEEKLY USA (99 LWUSA 1105), I read that the U.S. Court of Appeals, Fourth Circuit court upheld the City Council of Virginia Beach, VA when they passed an ordinance restricting cell towers to light industrial areas and denied a zoning variance request to permit a tower in a residential district.  (AT&T Wireless PCS v. City Council of Virginia Beach , 155 F.3d 423).  The court stated

“[A] provider whose application has been denied...must show two things.  First...that its facility will fill an existing significant gap in the ability of remote users to access the national telephone network...  The provider’s showing on this issue will...have to include evidence that the area the new facility will serve is not already served by another provider...”

“Second, the...applicant must also show that the manner in which it proposes to fill the significant gap in service is the least intrusive on the values that the denial sought to serve.”

The circumstance of the T-Mobile application would not pass the test issued in that decision.  The U.S. Court of Appeals, Third Circuit and U.S. Court of Appeals, Second Circuit have also upheld local zoning board decisions denying cell phone towers in a residential area.

Please help to preserve the quality of life and property values for me and my neighbors by rejecting this application.

Thank you,

James J. and Linda B. Kinnealy

7205 Secret Woods Drive

Jacksonville , Florida 32216