today
8 a.m. Armack Orchestra Rummage Sale Arcata High Multipurpose Room
read >8:30 a.m. Audubon Field Trip: Arcata Marsh Klopp Lake, foot of I St.
read >8:30 a.m. HCAR Holiday Craft Fair and Rummage Sale HCAR Sunrise Plaza
read >9 a.m. Arcata Farmers' Market Arcata Plaza
read >9 a.m. Tai Chi for Everyone Arcata Plaza
read >9:30 a.m. Lanphere Dunes Restoration Pacific Union School
read >9:30 a.m. Disovery Walk: Introduction to Architectural Styles Eureka Theater
read >10 a.m. Holiday Craft Fair Bethel Church
read >10 a.m. Jacoby Creek School PTO Annual Holiday Boutique Jacoby Creek School Gym
read >10 a.m. Celebrate Madhavi Arcata Plaza
read >10 a.m. Earlier than the Bird: Pre-Holiday Sale and Fun See Event Description
read >11 a.m. KMUD's 4th Annual Battle of the Rock Bands Mateel Community Center
read >11 a.m. Downtown Fortuna's Autumn Fete See Event Description
read >11 a.m. Mexican Folk Art Sale Private home in Eureka
read >noon Dreamscapes The Oasis
read >2 p.m. The Uniontown Jazz Trio Morris Graves Museum of Art
read >2 p.m. Friends of the Marsh Tour with Art Barab Arcata Marsh and Wildlife Sanctuary Interpretive Center
read >4 p.m. Acoustic and Open Mic Has Beans
read >6 p.m. Matthew Cook Cher-Ae-Heights Casino
read >6 p.m. The Tumbleweeds Chapala Cafe
read >6 p.m. Jesse & Lee Libation
read >7 p.m. Saturday Evening Dinners for Singles Private House in Arcata
read >7 p.m. Musaic Old Town Coffee & Chocolates
read >7:30 p.m. Joe & Me Cafe Mokka
read >7:30 p.m. Saul Kaye Six Rivers Brewery
read >7:30 p.m. Depaver Jan Westhaven Center for the Arts
read >8 p.m. Defending the Caveman Arkley Center for the Performing Arts
read >8 p.m. Opal's Million Dollar Duck Redbud Theatre
read >8 p.m. Getting It Arcata Playhouse
read >8 p.m. She Loves Me North Coast Repertory Theater
read >8 p.m. Nightshade Serenade presents Gypsy Alchemist Cabaret Redwood Raks World Dance Studio
read >8 p.m. The Medium Gist Hall Theater at HSU
read >9 p.m. Karaoke w/Chris Clay The Boiler Room
read >9 p.m. Austin Alley & the Rustlers Bear River Casino
read >9 p.m. Triple Junction Cher-Ae-Heights Casino
read >9 p.m. Mission Critical with DJ Dub Cowboy Jambalaya
read >9 p.m. Pato Banton and the Mystic Roots Band Six Rivers Brewery
read >9 p.m. Ponche! WAVE @ blue lake casino
read >9 p.m. Play Dead Humboldt Brews
read >9 p.m. Blanket, Emily Lacy, The Candles The Lil' Red Lion
read >9 p.m. Jeff DeMark, UKEsperience Muddy's Hot Cup
read >9:30 p.m. Live DJ Ragg's Rack Room
read >9:30 p.m. DJ Marv The Playroom
read >9:30 p.m. Jimi Jeff & the Gypsy Band Riverwood Inn
read >9:30 p.m. Abstract Rude, DJ Drez, Myka 9 The Red Fox Tavern
read >10 p.m. DJ Blancatron Aunty Mo's Lounge
read >10 p.m. DJ Itchie Fingaz Sidelines
read >11:15 p.m. The Metal Shakespeare Company, 33 1/3 The Alibi Lounge and Restaurant
read >previous columns
Aug. 23, 2007
'A Broken Vessel' — Who was Martin Cotton, and what happened to him?
Martin Frederick Cotton II was not homeless. The 26-year-old man, ...
read >Photos
Tower glower
Fickle Hill residents resent the sudden erection of a cell tower in their 'hood
By Heidi Walters
It started with the cement trucks, trundling day and night up Fickle Hill Road and, five or so miles in, turning onto a dirt road. Or maybe it actually started earlier than the cement trucks -- maybe the first real indication, if anyone could have guessed it, that a new cellular communications tower was going to soar, in a heartbeat, into the viewscape of this rural ridge-flanking neighborhood was the timber harvest that preceded it. Or maybe that's just a coincidence.
Well, whatever -- the 160-foot tower is up now. From a few spots on Fickle Hill Road, and from many places down along Humboldt Bay, you can glimpse its gleaming, spindly metal essence, topped by a boxy lattice. For such a modern device, it looks decidedly Wellsian -- dated-futuristic, War-of-the-Worlds awkward, not at all like the future, in fact. Not even, noted one observer, disguised to look like a scraggy old redwood, like it could have been.
Some Fickle Hill Road residents aren't happy about it.
"That baby went up in a week's time," said Carol Schillinger, whose rustic grand home now has a scenic view of the new tower on its partially logged knoll. "I tell you, I've never seen anything get built that fast in Humboldt County."
Even if they'd had more time, their agitation would have been for naught, for this particular tower anyway. The new cell tower, built by Edge Wireless, is on land the communications company leased from Green Diamond Resources/Simpson Timber. The land falls under Humboldt County's Timberland Production Zoning (TPZ) regulations: on TPZ and Agriculture Exclusive (AE) lands, permitted uses include the "erection, construction, alteration, or maintenance of gas, electric, water or communication transmission facilities." That's been the rule since the 1980s, said Humboldt County Senior Planner Alyson Hunter. On TPZ land, all the cell tower proponent needs from the county is a building permit -- the request for which does not require public notification. Other than that, the Federal Aviation Administration regulates cell tower heights to ensure they're not flight hazards, and the Public Utilities Commission and Federal Communications Commission issue their respective licenses.
"We do have a draft wireless communications ordinance," Hunter said. "About four years ago, we had a little public outcry over a cell tower [proposed for] the Arcata Bottoms that everybody was all worked up about." Cell tower workshops were held, and staff drafted an ordinance. The purpose of the ordinance, according to wording in the draft, was to "promote the orderly and appropriate development of wireless telecommunications facilities within the County in a manner that will protect and promote public health and safety, prevent visual blight, preserve the County's rural character and protect scenic, natural and cultural resources."
But the Board of Supervisors decided to hold off on finalizing the ordinance, instead working it into the ongoing General Plan Update process. Hunter said the ordinance is a good idea. "It is time to address new technology," she said. "I think that back in the dark ages, when our General Plan was done, they might have been thinking of telephone wires." But even if the ordinance does come to pass, it might not affect TPZ lands, said Hunter. "It's unlikely [the ordinance] is going to require a discretionary permit for TPZ land cell towers. The draft was more focused on urban areas and visual impacts there."
County supervising planner Steve Werner offered another explanation: "In the federal Telecommunications Act of 1996, counties are allowed to regulate" siting of cell towers, Werner said. "But ... counties have a narrowed ability to impose restrictions. In short, the courts have sided with industry."
It's an inadequate answer for many of the residents on Fickle Hill Road. "There's no environmental assessment, no aesthetic review, no neighborhood notification," said resident Liz Finger.
Finger said she's not against cell towers. But she worries about the big picture. "This situation exemplifies the inherent conflicts that can arise from the 'industrial/residential interface,'" she said. "I have often encountered ... the attitude that if you live ... in close proximity to ... land zoned TPZ, that you have to just bear with whatever activities occur on that land or associated operations, such as log truck traffic. I believe equal consideration needs to be given to the 'use' and value of all land and landowners."
Schillinger put it more bluntly: "Simpson's been a really good neighbor. But they own an awful lot of ridge tops. If they did one below my house, that would upset me more [than the one that just went up]. But I was really amazed, quite frankly, there was no notification. I think they're messing up decades of goodwill by not giving at least a courtesy notice."
Finger said the neighbor she feels sorriest for is Alan Flaks, whose 32 acres abut the timberland where the cell tower sits. "He's definitely lost property value because of it," she said.
Flaks, who lives part time in San Francisco, bought the property, including a 4,000-square-foot house, a year and a half ago for $970,000, thinking he'd transition to living in Humboldt County full time. Right away he encountered trouble. "As soon as I moved in last summer, I saw there was a notice of a timber harvest planned," he said. "Never in any real estate disclosure did it say there was a clearcut planned." He phoned up Green Diamond/Simpson Timber to ask them if they'd leave a buffer zone. "They gave a little bit," Flaks admitted. The company left a half-moon fringe of tall trees on the high knoll visible from Flaks' house (as well as from down along the coast).
During the logging skirmish, Flaks said, the timber company never mentioned it'd be leasing the knoll to a cell company for a tower. "Then, a month ago, I got word from my neighbor -- I was out of town -- that there were cement trucks going in at night. They were building a foundation." He and the neighbor went to a lawyer, who gave them a shrug that said utility companies "have lots of rights" that are hard to contest. At the county planning office, they learned about TPZs.
After that, Flaks said, he was too angry to call the timber company -- he was afraid he'd lose his composure. He allows, however, that the tower is "less obtrusive" than he expected. "The little matchstick mound of trees provide a little bit of a screen." But he's worried about the potential for health impacts from the radio waves and the possible noise the on-site generator and air conditioner may produce.
Flaks and his neighbors remain perturbed that the timber company didn't talk to them before leasing the property for a cell tower.
Dan Opalach, of Green Diamond/Simpson, sounded astonished at the residents' objections to the tower. "Gosh, there appears to be a demand for these kinds of services," he said. "Don't they use cell phones? I know I do." To the accusation that the company had lapsed in its "good-neighbor" policy, he responded, "Gosh, they might feel that way." But if the company decided to notify the public every time it applied for a building permit, "you could see we could be sending guys out all the time. Where does it stop? Our traditional timber harvest activities, we have to notify that. But to do things above and beyond the law -- we can't do that. ... We're always trying to do the right thing, but gosh, where does the line end?"
Opalach declined to disclose how much Edge Wireless was paying to lease the knoll-top property, and Edge Wireless did not return several phone calls. But Hunter, the county's senior planner, said she doubts cell towers will proliferate. Sure, there are almost a million acres of land zoned TPZ, covering 45 percent of Humboldt County. And, there are already about 30 cell towers in the county, Hunter said, some "huge cell farms" and others small affairs.
"But they're not really going to be popping up everywhere," she said. "They're fairly expensive, and they're pretty strategic."

















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