Verizon and The Masons Battle for Cell Tower Siting Continues To Plague Kern County Residents
By Jane Celltower
Kern Valley Sun / April 2010
Kernville neighbors voice concern about the Masons intention to lease property to Verizon to sit a cell phone tower for $6000 annually, which will be used to provide scholarship money, stated Tom McKinney. Erin Havrilesky states, "We believe the tower would degrade our neighborhood." Indeed it will Mr. Havrilesky, as property values decline once a cell phone tower is siting next to, or abutting your property. The residents urged Verizon to seek the less intrusive, alternative sites for the cell tower.
PROPERTY VALUES DECLINE WITH CELLTOWER SITTINGS The possibility of declining property values is another sore spot for homeowners.
Kernville residents voice additional concern for about declining property values with cell towers near by. The Kern Valley Sun article by Cathy Perfect stated, "According to The Appraisal Institute, (www.appraisalinstitute.org) the largest global professional organization for appraisers, '[A] cell tower should, in fact, cause a decease in home value.'”
The California Association of Realtors maintains that, “[S]ellers and licensees must disclose material facts that affect the value or desirability of the property,” including “known conditions outside of surrounding” it. That property values would be affected and the presence of a cell tower must be disclosed to potential buyers.
At a March 24 public meeting, residents cited a Sept. 8 ruling by the Ninth Circuit Court of Appeals ruling that the “least intrusive” standard “allows for a meaningful comparison of alternatives sites.”
CELL TOWER DEATH TO MIGRATORY BIRDS...
Organizers went on to describe the, “many unusual circumstances that warrant further study. Specifically, a fake tree, or “monopine” is an aesthetic eyesore and the proposed tower would be in a migratory bird corridor and would be a hazard to birds.
The US Fish and Wildlfe Service has voiced concerns over the placement of cell towers in areas where migratory birds are found. (http://www.northlandoutdoors.com/event/article.id/155189/publisher_ID.)
RADIO FREQUENCY (RF) was another concern raised by residents. According to Lana M. Shearer, Project Manager, Complete Wiresle Consulting of Sacramento, “Calculations were made in accordance with the recommendations contained in the Federal Communications Commission, Office of Engineering and Technology Bulletin 65 entitled, “Evaluating Compliance with FCC-Guidelines for Humman Exposure to Radiofrequency Electromagnetic Fields.”
"Would the proposed cell phone tower sitting in your residential subdivision pass an FHA home loan appraisal? Visit the HUD website to view the current guide for your state at: www.hud.gov Below is a copy section of 4150.2, 2-2, which I have high lighted." - Jane Celltower
U. S. Department of Housing and Urban Development
Valuation Analysis for Home Mortgage Insurance for Single Family
One- to Four- Unit Dwellings
July 1, 1999
2-2 SPECIAL NEIGHBORHOOD HAZARDS AND NUISANCES
Physical conditions in some neighborhoods are hazardous to the personal health and safety of residents
and may endanger physical improvements. These conditions include unusual topography, subsidence, flood
zones, unstable soils, traffic hazards and various types of grossly offensive nuisances.
When reporting the appraisal, consider site hazards and nuisances.
> If site hazards exist and cannot be corrected but do not meet the level of unacceptability, the appraisal
must be based upon the current state.
> If the hazard and/or nuisance endangers the health and safety of the occupants or the marketability of
the property, mark "YES" in VC-1 and return the unfinished appraisal to the lender.
The lender, who is ultimately responsible for rejecting the site, relies on the appraiser's site analysis to
make this determination. Guidelines for determining site acceptability follow. The appraiser is required to
note only those readily observable conditions.
A. UNACCEPTABLE SITES
FHA guidelines require that a site be rejected if the property being appraised is subject to hazards,
environmental contaminants, noxious odors, offensive sights or excessive noises to the point of
endangering the physical improvements or affecting the livability of the property, its
marketability or the health and safety of its occupants. Rejection may also be appropriate if
the future economic life of the property is shortened by obvious and compelling pressure to a
higher use, making a long-term mortgage impractical.
These considerations for rejection apply on a case-by-case basis, taking into account the needs
and desires of the purchaser. For example, a site should not be considered unacceptable simply
because it abuts a commercial use; some commercial uses may not appeal to a specific market
segment while other commercial uses may.
If the condition is clearly a health and safety violation, reject the appraisal and return it to the
lender. If there is any doubt as to the severity, report the condition and submit the completed
report. The lender must clear the condition and may require an inspection or reject the property.
For those conditions that cannot be repaired, such as site factors, the appraised value is based
upon the existing conditions.
There are special hazards caused by unique topography. For example, denuded slopes, soil
erosion and landslides often adversely affect the marketability of hillside areas. When evaluating
the site, consider earth and mud slides from adjoining properties, falling rocks and avalanches.
These occurrences are associated with steep grades and must be considered in the site analysis.
I. NEIGHBORHOOD CHANGE CONSIDERATIONS
As time passes, desirability changes residential areas in any site. Therefore, give special
consideration to the following:
o infiltration of commercial, industrial or nonconforming use
o positive and negative effect on value of gentrification
o changes in the mobility of people (employment shifts)
o weakly enforced zoning regulation or covenants
The demand for home ownership in a neighborhood is directly related to the marketability of the
homes in the neighborhood or in competitive neighborhoods. Home ownership rates, vacancies
and the marketing time of dwellings in a neighborhood help the appraiser determine the strength of
market demand and the extent of supply.
K. SMALL COMMUNITY MARKET PREFERENCES
A small town may have its own set of standards in architectural design, livability, style of
mechanical equipment, lot size, placement of structures, nature of street improvements and in all
features of the physical property and environment. Judge each in light of local standards and
L. OUTLYING SITES AND ISOLATED SITES
The segment of the market interested in purchasing homes in these sites compares the advantages
and disadvantages of other outlying or isolated sites.
CELL TOWERS DO AFFECT HOME PROPERTY VALUES!
"If you desire to sell your home, you are legally bound to a disclosure statement. Which would include listing the cell tower in your area. T-Mobile, or any other cell phone company who sits a cell tower within residential property, should pay for our homes lowered property values!" - Jane Celltower
Copyright - 2010, Jane Celltower. All Rights Reserved.