Milton council to debate cell tower lease

The future of a proposed Verizon cell tower in downtown Milton is very much in question, as town council is set to discuss the company’s lease at 6:30 p.m., Monday, Feb. 20, at Milton library.

At issue is a land-lease agreement with Verizon that would have allowed for a tower to be built on town land at 210 Front St. Among the items for consideration is whether the town should terminate the agreement.

The history of the cell tower goes back to March 2019, when officials from Verizon first announced plans to build a 140-foot tower at the town’s public works garage. Dropped calls and dodgy cellphone service have long been a problem in Milton, and the tower was intended to remedy that. At the time, Verizon officials said that mounting an antenna on an existing structure, like a water tower, would not produce the desired coverage the company was seeking. 

In June 2020, the town and Verizon agreed to a land-lease agreement for the site. Because the proposed use was for a public utility within an R-1 residential district, Verizon first had to get a special permitted use from the planning and zoning commission. 

The proposed tower was immediately opposed by residents, for both the location and because it is located in an area that is within a floodplain. Their argument was that the tower was a good idea in the wrong location, with that area of town proposed as a potential gateway in Milton’s comprehensive development plan, especially after the current wastewater treatment plant is demolished and removed once Artesian’s new plant on Route 30 is up and running.

Verizon was granted a special-use permit in March 2021, which was appealed by resident Barry Goodinson a month later. Council affirmed the permit in August 2021.

Preliminary site plans were approved by planning and zoning in November 2021. That approval was also appealed, this time by resident Allan Benson. Town council again ruled in Verizon’s favor, upholding the approval on the grounds that planning and zoning held a thorough review of the application. 

Once preliminary site plans are approved, an applicant typically heads to state and county agencies for further approvals. Those approvals often take nine months to a year. But at this point, Verizon has not submitted for final approval, which Project Coordinator Tom Quass said is due to Verizon still needing approvals from the Delaware State Fire Marshal.

In January, resident Steve Crawford, a vocal critic of the tower, brought to council’s attention a clause in the land-lease agreement that reads, “If all required governmental approvals are not obtained within one year of the effective date, or such additional period of time upon which the parties may agree, then either party shall have the right to terminate this agreement with no penalty or further obligations incumbent upon the parties.”

Crawford asked for council to hold a vote to terminate the agreement. Crawford was told in January a town council member must request to put the measure on an agenda and that council would likely want to have an executive session to discuss strategy. 

Council will take up discussion on what to do next at its Feb. 20 meeting.