A 150-foot monopine tower was cleared for construction in Sequim, Washington, but the Dungeness Heights Homeowners Association has raised additional legal concerns about building the tower, the Peninsula Daily News reported.
The tower is proposed to be built at 766 Brigadoon Boulevard in a heavily forested, undeveloped residential area in Washington. Hearing Examiner William Payne approved the decision to build the tower in March of 2016, and in February of 2017, Clallam County Superior Court Judge Erik Rohrer ruled against the Dungeness Heights Homeowners LLC’s first plea versus the tower under the Land Use Petition Act.
Olympia lawyer Gerald Steel, who is representing the Dungeness Heights Homeowners Association, brought two lawsuits to the Court of Appeals last year challenging the tower permits. Dungeness Heights Homeowners, a group formed according to the filed legal petition, “to protect the health of human and all lower life forms from harmful influences including electromagnetic pollution,” claims the tower would be a monstrosity to the area; causing an eyesore to residents and destroying the natural view, emitting dangerous radiation to the public, and driving down property values. Steel said, “It’s a pretty dense, rural-residential neighborhood, and having this 150-foot tower right next to it — they think it’s egregious.”
Judge Rohrer ruled in favor of the cell tower, confirming its location is in an undeveloped area and there was no evidence the tower would hurt property values or cause health related problems.
The developers plan to build a monopine costing about $500,000. Radio Pacific owner Brown Maloney of Sequim understood the Homeowners Associations concerns, stating, “While we genuinely empathize with the DHH group, at the same time I cannot tell you the sheer number of responses that we’ve received that do also support this. A community has to have services, such as shopping.”
Deputy Prosecuting Attorney David Alvarez, representing the County, claimed, “The highest and best use of that property is not a residence,” Alvarez said. “It’s actually a wireless tower.” Sequim Gazette reported that Project Consultant Bryon Gunnerson claimed the new tower was needed, and it will allow more coverage for wireless companies and increased radio frequency for Clallam County Fire District 3.
Despite the need for more coverage and the court-approved authorizations on the cell tower site at the top of the Dungeness Heights housing community, the Dungeness Heights Homeowners LLC continues to fight against the monopine. Unless the lawsuit is appealed to the Superior Court in 21 days or less, the final decision will be made by the county.
April 20, 2018
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