Delp's appeal, filed with the Pennsylvania Office of Open Records (OOR), focuses on the township’s denial of documents linked to the September 11, 2024, Board of Supervisors meeting, where the cell tower proposal was introduced. Township officials had referenced a "letter" from Fitzsimmons on the agenda, but when Delp requested this document, he was told it did not exist. The township explained that the reference to a letter was an error and that only email correspondence existed.
Details of the Cell Tower Project
Fitzsimmons proposes to lease a 50’ x 50’ section of High Acres Park for the tower, which he claims will be under 200 feet tall. This height would allow it to avoid the requirement for lighting, but during the meeting, township officials raised concerns about nearby Flying Dollar Airport, which might necessitate lights for air traffic safety.
The proposed location for the tower is in a newly cleared parking lot area, close to the Buck Hill property line, raising questions about compliance with zoning laws requiring towers to be set back from property lines by a distance equivalent to their height. Additionally, the tower's proximity to Brodhead Creek could trigger environmental review by the Brodhead Watershed Association or Monroe County Conservation, though Delp has yet to receive feedback from these organizations.
Transparency Concerns and Right-to-Know Appeal
The public became aware of the project during the September 11 Board of Supervisors meeting when it was listed under old business. However, the disclosure came as a surprise to some supervisors, sparking concerns about whether the community was being properly informed.
When Delp requested a copy of the "letter" referenced on the meeting agenda, the township denied its existence, prompting Delp to file an appeal with the OOR (
final determination). In response, Right-to-Know Officer Pamela Gardsy clarified that the "letter" referenced was actually a mistake and that no formal letter was ever submitted by Fitzsimmons, only emails.
The emails provided show that Fitzsimmons had been in contact with the township since July 2024, arranging to discuss the cell tower project and the potential lease agreement. These communications highlight his attempts to advance the project, though much of the planning appears to have taken place outside the public eye.
Community Reaction and Next Steps
Delp, a vocal advocate for government transparency, expressed frustration over the township's handling of the request and the project’s rollout. “It's public record, and I always appeal denials,” Delp stated, noting that while the township eventually provided the emails, the initial lack of transparency is concerning.
As the OOR reviews Delp’s appeal (Dkt. AP 2024-2424), residents are left questioning how much of the cell tower plan has been discussed without adequate public input. The community remains particularly concerned about the environmental impact and the proximity of the tower to private property and local air traffic.
Conclusion
With the Right-to-Know appeal underway and questions about the project mounting, the proposed cell tower at High Acres Park is finally entering the public spotlight. Residents will be closely watching how the township handles the transparency issues moving forward, and whether the project will meet regulatory and environmental requirements.
Stay tuned to BarrettCommunity.com for updates on the ongoing appeal and future developments regarding the proposed cell tower at High Acres Park.
