Verizon LLC has requested permission from TJ Gideon, owner of Cedar Ridge RV Park, to install a communication tower on the lower lot near Pine Haven’s community center, saying that this site would be an ideal spot, with the capacity to cover the town and lake.
However, according to municipal law, the town does not allow the installation of such implements on private or commercial property within town limits.
Planning and Zoning chair Charlie Gulley recently told the governing body, “We discussed the fact that chapter seven – ordinance on communications, indicates that no tower can be put on private property…but commercial property might be an option. We decided that we need representation from Verizon present at a meeting with the town and planning and zoning committee and get information and updates from our attorney.”
Mayor Karla Brandenburg then asked Town Attorney Pat Carpenter to expound on any possible issues from acquiescing to this request.
Carpenter shared a few. The first to be considered, “is the aesthetic impact to the town. If you start allowing this on private property, what does Pine Haven look like”?
He warned the council, “We’re not talking about a single event here so we’ve got to be really careful; if you open up this flood gate, anything and everything could come through.”
The lawyer asked about the opinions of neighbors who may have their view obstructed by said towers.
“If it was my property, that would be a big concern. What happens to the value of your place if there’s a big tower in your backyard? It’s something you should talk about.”
He also brough to their attention environmental concerns: “Habitat destruction, visual/light pollution and energy consumption.”
Carpenter also mentioned possible interference with existing infrastructure, abandonment by the company and other potential problems if the town moves in this direction.
“I think, before you move forward,” the attorney advised, “You need to hear from the community, what the community’s preference is. Does the community want to be a community where we can allow towers on private property? This could have significant impact on your town.”
After further discussion regarding the rights of the town to govern such concerns on private property, noncompeting clauses with existing contract holders, etc., the necessity of moving cautiously if the council chooses to entertain this action was emphasized and the floor was opened to the public in attendance.
One question asked by TJ Gideon was the difference between private property and a business investment property. To which Carpenter replied, “Business is still private property. The distinction is private versus public.”
Upon hearing that the company cannot provide the best service to the community by positioning their tower on town land, Carpenter changed his mind regarding the possibility of a variance to support this action, for the betterment of the town.
“If we had studies that said there isn’t a town solution, maybe this is a one-off scenario that [warrants] a variance,” he said.
Many more logistical questions and comments were made before the subject was tabled until more information can be gathered.
If the town does move forward to a public hearing, those interested may look through the current ordinance, 7-23. Brandenburg suggests all residents examine and consider the question.
“We want to invite the whole community because this is something that will be visible to the whole community,” she said.