Conditionally Approved

Continued from June 26, the Drift Inn Communications Tower project was further reviewed by the Board of Appeals on July 24. Telecom Capital Group (TCG) has identified a 4.4 acre parcel off New Market Turner Road in Mechanicsville as the site for a 199-foot monopole communications tower. Mark Fisher, managing member of TCG, attended with attorney Ryan Showalter to speak about the project. Fisher also serves as a Republican delegate in Calvert County.

At issue was whether the proposed use met setback requirements. The Comprehensive Zoning Ordinance (CZO) specifies the tower should be height distance away from any surrounding structure. Two of four outbuildings on the property fall within the 199ft distance. Additionally, the nearest neighboring property lines to the east and west are less than 100 feet away. BOA members were briefed on the tower's design. An engineering report showed the tower is designed to collapse inward, remaining within the fenced compound in the unlikely event of a structural failure.

*Board of Appeals Attorney, Steve Scott*

John Houser, deputy county attorney, provided analysis of the CZO for the board. Setbacks are usually required for structures not associated with the project. However, the comms tower is co-located with permission from the property owner so the setback wouldn’t apply. The board’s attorney called it a “logical interpretation” of the zoning ordinance, but board member John Brown disagreed. He indicated the board had considered buildings both inside and outside the property line as applicable to the setback. “We’re reversing course here,” he said.

In 2024 the project was denied at another location on New Market Turner Road over concerns about the tower collapsing over a neighboring property line. The setback requirement wasn’t met then, either. Board chair George Hayden noted the similar issue this time, but Houser said the board could grant a variance. This meeting was advertised as a conditional use approval to the public, causing Hayden to question the transparency of also discussing a variance. Those are usually advertised also, he said. The public must be made aware of a hearing about a project with enough information to understand what’s being built. That notice doesn’t have to specify the reason (conditional use approval, variance, etc) for the hearing, Houser explained.

The Planning Director, acting as the “zoning officer” according to board attorney Scott, has okayed this plan after staff review. While he appreciated work by county staff, board member John Brown pointed to the staff report using exact language from documents submitted by TCG. That suggests a thorough, independent review may not have happened. Staff often relies on documents submitted by a project’s team when analyzing compliance with the zoning ordinance.

Advertising an additional variance hearing, though, might be a moot point. A ruling from the Federal Communications Commission several years ago limited the time to review communication tower proposals to 150 days, otherwise it is considered automatically approved. Houser said the 150 day deadline was quickly approaching.

Fisher added that TCG had reached out to the surrounding community “earlier this year” to hold an informational meeting earlier this year, and communicated with two property owners. A letter from TCG’s lawyer to “adjoining property owner” shares information about a zoom meeting held on June 23 to discuss the project–three days prior to the first BOA meeting.

The property in question, owned by the Adams’, is located behind two others and all three share a common driveway. Amanda Wood, who owns the property fronting New Marker Turned Road, said during public comment that all three were originally owned by the Adams family. Wood believes this project has been handled in “bad faith,” saying she was reached out to about Adams’ continued use of the shared driveway with nothing mentioned about the tower. Once Wood received notice about the tower, she said, her company–Dogwood Development LLC–rescinded their agreement. Only the property directly behind hers, according to Wood, has deeded access to the driveway. She didn’t believe the driveway was wide enough to adequately accommodate construction vehicles.

Fisher previously said the Adams property has a 50 foot deeded easement from New Market Turner Road, but it is currently wooded and would be cleared for use if necessary. The BOA’s attorney quickly pointed out that right-of-way access was not under the board’s jurisdiction and was a private matter to be settled between the property owners.

Conditional use approval was granted for the project. TCG must, however, obtain an easement from neighboring property owners or apply for a variance to satisfy the setback requirements. Without one of those two items the project cannot move forward.

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