Earlier this year, the FCC had announced that the site had been selected because all alternative sites considered "were either unavailable for Maryland DBM's use or are unsatisfactory from a technical radio frequency prospective for the coverage needs of the communications system to be supported by the antennas located on the facility."

An agreement between the concurring parties (FCC, National Trust for Historic Preservation, PHC, Friends of PFI, Church Road Association, Maryland Historical Trust, Howard County and the State of Maryland) was due to be signed and returned May 15, 2001. The agreement further lists the following stipulations:

• The tower will not exceed 340 feet in height
• It will be sited a minimum of 300 feet from the Historic District boundary
• The antennas housed on the structure will not have advertising logos
• The tower will employ the least intrusive lighting system allowed
• The number of antennas co-locating on the tower will be limited
• A landscaping buffer of deciduous and evergreen plants will be established outside of the perimeter fence
• A landscape plan for the District Court site adjacent to the Historic District boundary will be developed.
• Maryland and Howard County will monitor advances in technology that might allow modification of the tower to lessen its impact - subject to available funds
• The tower will be removed if it becomes obsolete or unnecessary - pending available funds
• Maryland and Howard County personnel will receive training regarding compliance with Section 106 of the NHPA and the implementing of 36 C.F.R. Part 800
• Howard County will enter into discussions with the concurring parties and other groups and individuals interested in the Ellicott City Historic District, to identify ways to enhance the historic resources of Ellicott City, including pursuing additional funding and exploring the possibility of becoming a Certified Local Government, pursuant to 16 U.S.C. 470a(c).

The agreement further stipulates that the County will not initiate construction of the communications tower until the Environmental Assessment (required under section 106) has been approved by the FCC.

This is a precedent-setting case. We were able to include some things we thought were important: removal of the tower after it is obsolete, limiting the number of antennas, etc. Some things we thought should be included, but were not, included designating that the revenue stream from any commercial antennas on the tower be directed to the Historic District for preservation projects, and granting an easement for the rest of the site to ensure that no further adverse structures overlooking the historic district will be built.

Additionally, since the FCC did not release its technical report to the public, we were unable to evaluate its decision to keep the tower on District Court site, as opposed to the previously designated Rogers Avenue site.

Pending approval of the Environmental Assessment, and barring further challenges, the tower construction should begin within the next several months.

Original Plans and Responses

PHC President Mary Catherine Cochran attended the FCC's meeting in February. Read her report PHC responded to a Howard County Times editorial, "Build Radio Tower for Safety's Sake." Read the letter.

Although the communications tower is needed, initial plans called for its construction only 700 feet from the Ellicott City Historic District line. State and County officials said that they researched all the alternatives and this spot offers the best coverage for downtown Ellicott City.

Church Road and Sylvan Lane citizens, as well as the Friends of the Patapsco Female Institute are understandably dismayed at this intrusion into their historic neighborhood.

The Maryland Historical Trust issued an opinion on the tower in a letter dated January 8, 2001.

"Based on information provided, it is the Trust’s opinion that the tower will cause adverse effects to historic district properties either eligible or listed on the National Register of Historic Places. We recognize the difficulty in locating this tower and are willing to accept the adverse effect...the tower will constitute a visual intrusion to the area and it is our opinion that it will diminish the setting of the historic properties...its height will cause it to be a dominant feature in the landscape."

The Friends of the Patapsco Female Institute stated,

"We must be cognizant of our mission over the past 36 years, to protect the Institute, particularly its setting as part of the interpretation of this important piece of local, State, and national history. We feel it is our civic duty to appeal this decision of the Trust."

After reviewing the data supplied by the State of Maryland, Ellicott City resident, Dr. Richard Bright says,

"The Tower location does not provide 100% coverage of downtown Ellicott City - including the specific area of the latest traumatic fire."

He believes that alternatives that provide full coverage and protect the Historic District, need to be more fully researched.

Some jurisdictions include a clause that requires the owner of the tower to take it down when it is no longer in use or becomes obsolete, but the State of Maryland, originally was unwilling to accept such conditions, but that clause was included in the final plan.