Residents Win Small Victory in Cell Nodes Battle

NewPath Networks has withdrawn its application to build cell nodes in the Vienna-Oakton area after friction between the company and residents over the plans could not be resolved.

In a May 18 email to NewPath representatives Ed Donohue and Greg Stearns, of Donohue & Stearns PLC, Planning Commissioner Kenneth Lawrence (Providence) cited concerns for constraints on the commission staff's time and resources in continuing to defer decision, and informed them he would recommend the application's denial.

"Situations like the one we now have with the remaining nodes in [this application] produce extra strain and stress as the time runs down," Lawrence wrote. "I also continue to get expressions of concern from the community, since they have heard nothing for quite a while now."

In response, Donohue wrote a letter May 24 to say he'd prefer to withdraw rather than have the application denied. He formally withdrew the application at the May 26 Planning Commission meeting.

"It’s a strategic call, but a denial suggests a pejorative, which we wanted to avoid," Donohue said in an email. 

NewPath, also known as Crown Castle since a September merger, intends to draw up a new application for approval.

"In fact, discussions with pole owners (both Verizon and Dominion) are ongoing, as are discussions with VDOT over potential new poles (i.e. not replacements) in locations where existing poles are not suitable or approvable," Donohue wrote in an email. "When we are ready to re-submit, we will let the community know in advance, and will conduct community briefings as we have done throughout the process. The dialogue with the community is an ongoing one when there are developments to discuss."

The proposal, which also lists New Cingular Wireless as an applicant, The nodes would have the capability to accommodate any wireless carrier if necessary, according to the application before the Fairfax County Planning Commission.

At the Dec. 9 public hearing on the matter, residents spoke out against the placement of two of the nodes. They believed it the aesthetics of a residential neighborhood and pushed for alternatives from the applicant.

On Feb. 24, the commission approved two of the nodes — at Hunter Mill Road (near Welbourne Court) and Chain Bridge Road (near Courthouse Road).  The decision on the remaining three — Hunter Mill Road (near Lake Ridge Drive), 2674 Oak Valley Drive and 9905 Vale Road — were deferred to a later date so NewPath representatives could work with residents on the Oak Valley Drive and Vale Road nodes, and so the node near Lake Ridge Drive could be adjust to address concerns of the Planning Commission that it does not fit with the aesthetics of the area.

"At this time, New Path does not plan to build the first two without the other sites," Donohue wrote in an email. "NewPath remains committed to solve the entire area, not just a portion."

John Janka, who spearheaded the effort to deny the cell nodes in the residential areas when he found out one would be placed on his front yard, is thrilled the Planning Commission did not accept NewPath's application.

“The decision to withdraw reflects what the community has been saying since November 2010 — the Crown Castle application did not comply with the law, and was not consistent with the character of the community," Janka wrote in an email. "I’m pleased that Planning Commissioner Lawrence, Supervisor Smyth, and our other elected officials responded so well to the concerns of our neighborhood. I hope that the next time we hear from Crown Castle they propose current cell site technology, along the lines of the Alcatel-Lucent LightRadio solution.”