`godspell' Show Will Benefit Area Youths 
The Sweet Charity Players Will Stage An Adaptation Of The Broadway Musical 
``godspell'' Next Month To Benefit Two Area Children With Special Medical 
Needs.

Andrew Semko 
Feb. 19, 1996 
Andrew John Semko, 68, Of Salisbury, Md., Died Monday At The Nanticoke 
Memorial Hospital, Seaford, Del.

By ANTHONY COLAROSSI; Times Leader Staff Writer
 Friday, February 23, 1996 &nbsp;&nbsp;&nbsp;&nbsp;Page: 3A 





PLAINS TWP. -- Zoning officer Richard Piekutowski granted two permits to
erect a 180-foot cellular telephone tower near Hevenlee Acres last year, but
neglected to tell residents living in the development. &nbsp;&nbsp;&nbsp; 
 On Thursday, Piekutowski said he had no choice in granting the permits
because Cellular One, which owns the tower, is considered a public utility and
is regulated by the Federal Communications Commission. A representative with
the FCC could not be reached for comment Thursday. &nbsp;&nbsp;&nbsp; Such utilities are legally exempt from local zoning ordinances, according
to Piekutowski and an attorney for the company. &nbsp;&nbsp;&nbsp; 
 Piekutowski also said he had no legal obligation to inform nearby residents
the tower would be going up because no public hearing or appearance before the
township Zoning Board was required. &nbsp;&nbsp;&nbsp; 
 "If I am guilty of anything, it would be of not informing the people up
there," Piekutowski said. "If I offended anybody up there, I certainly
apologize, but there's nothing here that says I have to." &nbsp;&nbsp;&nbsp; 
 Residents at the development were angered earlier this week after watching
the tower being erected in a lot near St. Joseph's Cemetery without any
advance notice. They argue that a public hearing should have been held so they
could voice concerns about the safety and visual impact of the tower. &nbsp;&nbsp;&nbsp; 
 Chris Ebert, a Sandra Street resident, said the tower is ugly. "It
shouldn't have been put up. It's too close to a residential community." &nbsp;&nbsp;&nbsp; 
 Piekutowski said the permits for the tower and a small building were
granted Sept. 4, 1995. The permits are valid for one year, he said. &nbsp;&nbsp;&nbsp; 
 Catherine E. Naughton, an attorney for Cellular One, wrote a letter to
Piekutowski citing case law supporting the company's contention it is a
"public utility" exempt from local zoning. &nbsp;&nbsp;&nbsp; 
 Her letter is dated Feb. 19, 1996. It was sent after Piekutowski requested
a written explanation last week of the company's authority, Naughton said. &nbsp;&nbsp;&nbsp; 
 "The subject cell site facility is exempt from Zoning Regulations under
(the state Municipalities Planning Code)," Naughton's letter states. "Thus,
the building permit for the cell site was properly issued." &nbsp;&nbsp;&nbsp; 
 The land the tower is on is being leased from John Popple, Naughton said.
She was unsure of the leased parcel's size and refused to say how much the
company is paying to use the land. &nbsp;&nbsp;&nbsp; 
 Members of the Popple family did not return messages left by The Times
Leader on Thursday. &nbsp;&nbsp;&nbsp; 
 The tower was erected as part of the company's efforts to improve service
for an increasing number of cellular phone customers. Naughton said engineers
determined the site was ideal because it was high enough to transmit. &nbsp;&nbsp;&nbsp; 
 If residents had been made aware of the tower and expressed concern,
Cellular One would have held a public information meeting to answer any
questions, Naughton said. &nbsp;&nbsp;&nbsp; 
 The company also might have been able to locate the tower farther away from
neighborhood homes, if that had been identified as an issue, she said. &nbsp;&nbsp;&nbsp; 
 Frank Wilmarth, deputy chief counsel with the state Public Utilities
Commission, said the cellular telephone service industry is not regulated by
his agency. But he said Cellular One is probably afforded the same zoning
exemptions as a state regulated utility. &nbsp;&nbsp;&nbsp; 
 David Lupas, Plains Township solicitor, said he is researching the issue,
but is not sure if the township has any legal recourse. &nbsp;&nbsp;&nbsp; 
 TIMES LEADER/DONNA PHILLIPS &nbsp;&nbsp;&nbsp; 
 A 180-foot cellular telephone tower erected near the Hevenlee Acres
development in Plains Township has angered residents who say they received no
advance notice of the tower's construction. &nbsp;&nbsp;&nbsp;

Zoning Officer Kept Quiet On Tower Although Zoning Officer Says He's Not Required To Inform Residents In This Case, He Extends Apologies