Kingsmill Gets OK for Temporary Cell Tower

By Desiree Parker Thursday, May 20, 2010

After issuing a letter of violation to Kingsmill Resort, James City County has taken the resort’s arguments into consideration and will allow them to keep a mobile cell tower in a parking lot until fall.

Kingsmill has long struggled with getting good cellular reception, and has been trying to overcome several legal hurdles to get two permanent towers on its property. Back in spring of 2005 the company put a mobile cell tower on a lot near the resort to support some big corporate and government events at the resort that year.

The arrangement was intended to be temporary until new cell towers were constructed, but it’s been in use ever since. When a resident brought the tower to the attention of the county last fall, county staff couldn’t find the application. Robin Carson, executive vice president and managing director of the Kingsmill Resort and Spa, sent a letter to the county explaining that the mobile tower was critical to their resort business and that they’d move it once new towers were constructed.

County Zoning Administrator Melissa Brown sent a notice of violation to Kingsmill in February. The company argued that the mobile tower should be allowed to stay because having cell service supports public safety.

“There have been no approvals requested or granted from Development Management for the permanent location of the facility … and the use has exceeded the bounds of what would traditionally be considered a temporary use in association with a special event,” Brown wrote to Carson in a letter, also pointing out the tower was not permitted under zoning ordinances.

However, Brown decided to allow the tower to remain until October 31, because “there was a perceived lack of service that necessitated … use on site during special events,” according to a letter sent to Carson earlier this month. “Further, there is a plan under review by Planning for a permanent solution to this lack of service. Finally, the COW has been in place for such an extended period of time that both residents and resort guests have a reasonable expectation that the current level of service provided by such facility will be maintained on site.”

This will give the resort time to get the permanent cell towers built. Brown said in her letter if the towers aren’t built by the end of October, the issue could be revisited.

In the meanwhile, the cell companies building the permanent towers have one more hurdle to jump through. The two 120-foot disguised towers will sit on a historical site, registered with the Virginia Department of Historic Resources.

The DHR requested the cell companies draw up a plan to mitigate disturbance to the site, one that needs to be agreed upon by all stakeholders involved, including the Kingsmill Wireless Advocacy Group, an organization whose members don’t want the towers to be built. They were hoping to use the historical site as a final means of keeping the towers out of the area.

A similar archeological treatment plan cost Riverside Health Services about $400,000 for their property near Route 199 and Quarterpath Road.

County Attorney Leo Rogers says he expects some word on the issue in June.