By Lara Bricker

EAST KINGSTON -- The Planning Board could make a decision on whether to approve a proposal for a cell tower on York Hill on Thursday night. The issue appears to be far from over as one abutter has already taken legal action to halt the tower.

Monique Waldron, an abutter to the proposed tower, has filed suit in Rockingham County Superior Court contesting the decision made by the Zoning Board of Adjustment, which granted a variance for the applicant to place a tower in a residential zone. The town has an ordinance prohibiting cell towers in residential zones. Waldron's suit will be heard by a judge on Nov. 20.

"I honestly feel it's going to ruin the quality of life here," Waldron said Sunday.

She and others are also concerned about health risks, decreased property values and a change in the rural character of the town. Her suit contends that the applicants, Industrial Tower and Wireless LLC and Cingular Wireless, did not meet the five criteria necessary to obtain the variance from the ZBA. Plaistow lawyer Sumner Kalman, on behalf of Waldron, contends that the ZBA's decision is inconsistent with the spirit of the ordinance. He argues that the tower company failed to establish a hardship that would make it appropriate for the tower to be placed in a residential area.

The 36 Giles Road property is owned by Jeff Marston, who has been approached before about the property. The tower would be located 1,600 feet from the road next to existing power lines. Waldron, who operates a horse farm, says the tower would be an eyesore from her vantage point.

"This thing is going to loom over the trees by 120 feet," she said.

The case has already gone before the Planning Board, which sent it to the ZBA because of the town ordinance. The ZBA granted variance and then upheld its decision after the abutters requested it be reconsidered. The Planning Board will hear the case at 7 p.m. Thursday in the East Kingston Town Hall.

Planning Board Chairman Roby Day said the board may take a final vote on the issue this week. He pointed out that the ZBA decision has taken the issue of the tower in a residential area off the table.

"The Planning Board would be remiss in its duties to bring it back up as an issue. We are a civil society that has chosen to be governed by the rule of law, and the ZBA is a form of municipal court. Our hands are tied; it's off the table," Day said of the residential cell tower issue. "The abutters have raised (other) concerns, and each one of their concerns must be addressed."

The board will consider a number of other issues, including what effect the tower will have on abutting property values, the aesthetics of the tower, concerns about electromagnetic radiation from the tower and the need for cell phone service in the area. "That area is a dead hole, and we know this from anecdotal experience," Day said of cell phone service in that part of town.

One resident said he felt his property wasn't worth anything without available technology to operate his phone.

As for those people who are in favor of the tower because they need cell service, Waldron says they have options.

"Go get another carrier," she said, adding she has Verizon Wireless and while "sometimes my call will drop, but a mile down the road I can get it again. I think they have to explore options."

Waldron said that she and other opponents are going to ask for a change in venue to the East Kingston Elementary School so that all who want to be heard can fit. She estimates there were 75 people at the last meeting and expects a good turnout this week. The group has compiled research on the decline in property values in areas with cell towers as well as information about the health effects.

The Federal Telecommunications Act of 1996 does not allow the denial of the construction of cell phone towers based on health risk, but Waldron feels there is not enough evidence to guarantee safety. She pointed out that the entire country of Denmark has placed a moratorium on cell towers. And the International Association of Firefighters took a position in 2004 that no cell towers can be located on or adjacent to any fire stations until there is proof that there is no health risk.

"The IAFF oppose the use of fire stations as base stations for towers and/or antennas for the conduction of cell phone transmissions until a study with the highest scientific merit and integrity on health effects of exposure to low-intensity RF/MW radiation is conducted and it is proven that such sitings are not hazardous to the health of our members," the IAFF Web site states