2015-04-02 Windward Planning Commission Minutes

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individually or collectively, sometimes might also change their mind based on the presentation by an applicant or public testimony given at the public hearing. He added that in the recommendation provided to the Commission, the Department offered the Commission the benefit of the staff’s years of experience. Whether or not the Commission agreed with the Director’s recommendation, the Department would support the direction that the Commission wanted to take when they make a decision based upon justifiable reasons. Mr. Darrow then addressed a concern that was raised in an application that morning [Item No. 3]. Mr. Darrow said that the Department often received negative opposition to cell tower proposals stemming from health concerns pertaining to emissions from the tower. He reminded the Commission of the Telecommunications Act of 1996 which limited State or local authorities from the regulation of the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radiofrequency emissions as long as such facilities complied with the Federal Communications Commission’s (FCC) regulations concerning such emissions. Mr. Darrow stated that it was standard protocol for the Department to ask applicants if they had complied with such regulations. He added that the recent Cellco contested case [USE 14-046] hearing addressed the concern of these emissions in detail, including the comparison of the emissions from a cell tower versus a cell phone. ADJOURNMENT – There being no further business, it was moved by Commissioner Ikeda and seconded by Commissioner Moses that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Miyasato adjourned the meeting at 11:00 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary A T T E S T: Myles Miyasato, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission April 2, 2015 Minutes