Cashiers residents request cell tower moratorium

By Virginia Culp - WCU Intern

"It's our worst nightmare," said Dan Duckham, a part-time resident who indicated he had plans to develop his land near the proposed site. "I'm speechless about what (the cell tower) could do to our lives."

Of the eight homesites he has begun constructing, five face Laurel Knob directly, Duckham said. A total of seven Cashiers landowners voiced their concerns at the ' p.m. meeting. Unanimously, they asked the board to step in and stop the cell tower construction.

"We have no notice these things are going up," said Ann Gennett Summers, who lives in Florida but owns land around Laurel Knob. "I know we have to have these things, but please try to find the best and least offensive places for everybody."

Eddie Madden, a Cashiers Realtor, pointed to a Duke Power tower, saying that "it was done without any thought or sensitivity to the area."

"It seems to be a fast deal, and it's not right," Tom Wilson said of the Ramcell'' tower under construction on Laurel Knob. "There's got to be some way to justify cell phone use and protect our beautiful mountains."

George Summers, another part-time Cashiers resident, suggested antennas could be put in church steeples or behind billboards to minimize the impact on the landscape, and several people listed co-location ­ several antennas on one tower ­ as an alternative to new construction.

Without exception, the residents asked for an immediate moratorium to prevent the Laurel Knob project from continuing.

The board of commissioners, while sympathetic, did not find the solution as simple, especially after hearing from their lawyer.

"We're looking a lawsuit in the face," county attorney Raymond Large said of any attempt to stop the Laurel Knob tower.

Large explained to board members that if Ramcell had already invested financially in the project by leasing the land and paying for equipment and work at the site, a decision that attempted to prohibit the tower's completion could be on legally shaky ground. He advised the board they may want to consider passing a moratorium that only affects new construction, not existing work. He strongly suggested a public hearing be held before a moratorium is adopted.

Chairman Jay Denton and Commissioner Roberta Crawford agreed with their attorney, saying the board does not have the authority to stop construction that has already started.

At that, Mary Duckham offered to reimburse the cell company for work done to date. She also said she and her husband would be willing to purchase the site in an effort to stop the work. "Everyone is willing to pay," she said tearfully. "I'm desperate."

Her husband, Dan, added, "I'd risk anything to stop this thing. Laurel Knob would only be a pedestal for the cell tower ­ you'd have to change the name of the road to 'Cell Tower Road.'"

The Duckhams suggested that residents could shoulder responsibility should Ramcell file a lawsuit against the county in reaction to a moratorium. Commissioner Stacy Buchanan jumped on this idea, recommending Large determine if such action is legal. If so, Large should then work with the residents' attorney to draw up a plan that is acceptable to both the residents and the county, Buchanan said.

Buchanan made a formal motion calling for a "legality check" by Large, which may be followed by a moratorium on cell towers if the findings are acceptable. The motion carried 4-1, with Chairman Denton casting the single "no'" vote. Denton opposed the motion, saying he could not agree to risk the taxpayers' money when a lawsuit was likely.

"You may not see immediate action," Denton told the residents, indicating both possible routes to a cell tower moratorium ­ a public hearing on the issue or an agreement with residents to pay the county's legal fees ­ would take time.

The public hearing has been tentatively scheduled for 7 p.m. Monday, July 9, at the Justice Center. Action to adopt a moratorium could follow.

Back to Archive: 06/28/01.