At a board of aldermen meeting Monday night, no further action was taken to deny a construction permit to property owner Joe LeJeune. The tower would be constructed by Insight Towers and located on the west end of Guillotte Street.
The permit had been put on hold after a group of Jeanerette residents living in the vicinity of the proposed location appeared before the board to voice their concerns over health and safety issues.
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Without any zoning ordinance in place, City Attorney Raymond Allain said there is no legal grounds to deny the permit unless the tower could be deemed a nuisance.
“There is nothing in Louisiana law that bans the construction of cellular towers,” said Allain.
“It is clear in the Telecommunications Act of 1996 that the federal government has preempted the ability of local governments to regulate the location of cellular towers based on health and environmental issues. We can’t change the federal ruling.”
Allain warned aldermen there was no other legal recourse but to issue the permit.
Failure to do so without legal cause, he said, could result in a law suit from the tower company as well as from the property owner.
Allain said he had received letters from attorneys of the property owner and tower company indicating they would move forward with a law suit if the permit was denied.
Marshall Hebert, a resident who lives within 60 feet of the proposed location, said the group protesting the construction is ready to move forward to get an injunction filed to stop construction until further study can be done on the health and safety issues.
“I think some of the officials are being intimidated by the threat of a law suit. This area is too small for a tower and it is just too close to the homes,” said Hebert.
“It is really unfair for the city to say you can’t have an abandoned vehicle on your property, but you can have a cellular tower this close to the homes.”
In other business, Byran Smith, the city’s environmental resource officer, said he is ready to move forward with the demolition of three abandon buildings.
Smith said the owners of the properties located on Church and Frisco Streets were given a 90 day notice to either repair or demolish the buildings.
“The owners have made no attempt to do anything with the buildings, so we will proceed with the demolition and removal of the buildings,” said Smith.


Comments
To Tower wrote on Apr 21, 2009 1:35 PM:
Seems like we have a HUGE problem now don't we??? "
long gone wrote on Apr 21, 2009 9:01 AM:
Tower wrote on Apr 20, 2009 5:57 PM:
Only thing in Jeanerette wrote on Apr 17, 2009 8:10 AM: