Milton council puts off decision on cell tower appeal

Milton Town Council is putting off a decision on an appeal of a proposed cell tower that would be built on Front Street until August to review and consider testimony made at a July 22 hearing.

While a date has not yet been set for a decision, council is weighing whether the Milton Planning and Zoning Commission erred in granting a special permitted use to Verizon, doing business as Cellco Partners, to build a 140-foot cell tower at the town’s public works yard at 210 Front St. 

The appeal was filed by Barry Goodinson, a former planning commissioner, who argued that the tower was not in keeping with the town’s comprehensive development plan and violated zoning regulations because the tower is located in a Federal Emergency Management Agency designated floodplain. He said Front Street frequently floods during rainstorms and the tower would take away from the town’s historic district, which serves as an economic driver for the town. 

“Putting that tower there would be injurious. It would be detrimental to the economic welfare of the community because it would suppress economic development. This is not a site that will be easily accessed during a natural disaster,” Goodinson said. “It is clearly irresponsible to put it there. It’s a mystery to me how this got so far.”

He said it is not clear whether this is a private or public utility system - in town code, the R-1 district allows for public utilities in a residential area with a special permitted use - and that the location of the tower is wrong. While Goodinson said it is important to improve cell service in Milton for Verizon customers, the company should not build at the Front Street site, but instead look at mounting its equipment on one of  the town’s existing water towers.

Town Solicitor Seth Thompson made arguments on behalf of the planning and zoning commission - Rehoboth Beach City Solicitor Glenn Mandalas served as legal advisor to town council during this hearing - and said the commission did its due diligence and found that the tower was suitable for a special permitted use. 

“Planning and zoning went through an orderly and logical review of the evidence that was presented,” Thompson said. He added that the commission tabled a vote on Verizon’s application to get answers to additional questions and public comments. Thompson said in the commission’s review, it found that the tower would not have a negative impact on surrounding homes and that the tower would be unmanned, so there would not be people going in or out of the site with any frequency. 

He said many of the issues brought up by Goodinson would be addressed on preliminary site-plan review, which is the next step in the process. 

Representing Verizon was attorney John Tracey, who agreed with Thompson that the commission did a thorough review of Verizon’s application. He also agreed with Thompson that a look at potential flooding issues would be heard during site-plan review. Tracey said engineers from Pennoni Associates examined the site with Verizon and did not find there would be any special flooding issues at the site. 

Following opening statements, comments were then turned over to the public, who indeed had a lot to say.

Allen Benson, 201 Collins St., was first up, and said the tower was due to be located at what the comprehensive plan deemed a gateway to the town, leading visitors into the historic downtown area. He said the tower would be detrimental to the appearance of the historic district.

Barbara Wagner, 409 Federal St., a member of the Milton Historic Preservation Commission, said the tower would have a negative effect on the town’s historic district.

“It is an intrusion, and real blight to the environmental aesthetic of the historic district,” she said. 

Allen Sangree, 315 Union St., said the planning commission did not properly consider the comprehensive plan in its deliberations on the tower and the effect the tower’s aesthetics would have on the town’s historic district.

Jillian Benson, 201 Collins St., questioned why Verizon did not consider putting its transmitters on the existing water tower on Chandler Street. 

“It seems like such a natural thing to do,” she said. 

Following closing statements by Goodinson, Thompson and Tracey, the town’s livestream feed of the meeting went down. However, after hearing testimony until 10 p.m., Mayor Ted Kanakos suggested council wait to make a decision. Councilman John Collier moved to give council 25 days to consider the evidence before voting. A date for a decision has not yet been set, but council’s next meeting within that time frame is Monday, Aug. 16.