Clover cell tower reversal: Zoning Board to have re-hearing

In the latest twist to a controversy pitting Clover residents against town officials over construction of a 180-foot cell tower, the town’s Zoning Board has decided to hear opponents’ concerns again.

No matter what happens, the proposed tower could be tied in court for months as all sides – opponents, the town, and the companies that would build, operate and lease the tower – have claimed the law is on their side.

The dispute has opened old wounds over the dilapidated, unused former textile mill adjacent to where the tower would be built, as state health and environmental officials will soon be looking at the old building, which has been an eyesore for at least two decades.

The State Department of Health and Environmental Control received several complaints about the mill property from nearby homeowners, spokesman Jim Beasley said, and inspected both the building and surrounding areas for potential environmental hazards.

No obvious signs of waste were found inside, he said, but residents complained that water runoff was contaminated. DHEC officials found water that had the look of oil was likely water with iron bacteria in it.

DHEC assessment teams will return in mid-March to test groundwater at both the mill site and at nearby residences.

A new Zoning Board hearing date has not been set, but the decision puts another hold on construction as residents opposed to the tower, the town itself, and the courts decide what happens next. One of the most vocal opponents of the tower is Town Councilman Todd Blanton, who has said repeatedly the town should find a better place for the tower than so close to homes.

Town officials confirmed after a closed-door meeting Tuesday night that the Zoning Board will reconsider an appeal filed in December by resident Ed Dees Jr,. which challenged the town’s approval of the tower site. Town officials authorized construction of the tower in December, saying it met zoning requirements.

But Dees, who lives directly across the street from the tower site, appealed, saying the tower is dangerous and the town did not follow its own rules to seek an alternative site.

Dees vows to fight the tower until any plan to have it so close to homes like his is scrapped.

The tower would be built less than 40 yards from homes and a church. So far, the town has not only said the tower is legal, it has argued that a lawsuit filed to try to stop its placement should be dismissed because the Zoning Board’s January decision that led to the appeal was never confirmed in writing.

The Zoning Board lost a member last month after narrowly approving the tower in a 3-2 vote. After that meeting, Clover officials realized that a town employee, William Vaughn, was a member of the board in violation of state law. Vaughn voted in favor of allowing construction of the tower.

Vaughn was removed from the board – which is appointed by Town Council members – and Clover attorney Al Haselden recommended the board meet to vote again on the appeal of the tower.

Tower opponent Laurin McCarley wrote to the four remaining Zoning Board members urging them to stop the tower, saying the town’s actions so far have been “disturbing,” especially the January vote with an illegal Zoning Board member.

It is unclear if Clover Town Council members will try to fill Vaughn’s seat before the next Zoning Board hearing. If the four members meet and vote as they did last month, the appeals process would likely turn against the town yet again in another lawsuit – this one from the companies that would build the tower who claim it is legal under current zoning rules.

Clover officials on Friday filed court papers asking that the lawsuit filed to block construction of the tower be dismissed because the Zoning Board never issued a written ruling after the January zoning meeting.

This story was originally published February 17, 2016 at 1:28 PM with the headline "Clover cell tower reversal: Zoning Board to have re-hearing."