The Zoning Board of Adjustment will hold a hearing on the the cell tower at 25th and Christian on Tuesday, November 15th at 9:30 AM at 1515 Arch Street. We thought this was scheduled as a "special hearing" but have since learned that it will be considered as part of the normal docket. (As an aside, this docket also includes the proposed "mall" on the southwest corner of 24th and Washington Ave) While this is a complicated legal matter, it is critical that as many members of the community as possible attend the meeting to voice their opposition. Legal matters aside, key community concerns should focus on the appearance of the site, the blighting influence of the site, and its negative impact on property values. Although many community members have expressed concerns about the potential health impact of the RF emissions, it is important to note that it is *illegal* for the ZBA to consider health related issues as a matter of Federal Law (Telecommunications Act of 1996).

Again, this tower has been under litigation for about 5 years now. The Common Pleas Court and the Commonwealth Court of Appeals have found the site to be illegal. The PA Supreme Court declined to hear Nextel's appeal. The City has filed an Enforcement Action in the Common Pleas Court, however the Common Pleas Court has decided that the current case before the ZBA, in which Nextel is asking to have the facility "legalized," must be decided prior to the Enforcement Action. Council President Verna has vigorously supported the community in its opposition to the tower. We were hoping that the Zoning Board case might be continued to allow Nextel to consider options for alternate locations, however negotiations broke down and the case is moving forward. It is very important that the community make a strong showing of its opposition to the project before the ZBA and I hope I can count on seeing many of you there Tuesday morning.

Thanks in advance for helping to rid the community of this miserable eyesore!

AHB