9:45 a.m. update Quorum Court members voted against an ordinance that would have granted a conditional use permit for the construction of a cell phone tower east of Prairie Grove Monday night.
Smith Communications wanted to build the cell phone tower near the intersection of Storms Road and Arkansas 265, but nearby neighbors opposed the project.
Those neighbors filed an appeal and hired attorneys after the county's Planning Board approved the permit in March.
The Quorum Court held a special hearing lasting more than four hours with statements from both sides. Quorum Court members denied the permit by 10 votes to 3 with one abstention and one justice of the peace absent.
FAYETTEVILLE — Attorneys for Washington County residents who oppose a proposed cellphone tower east of Prairie Grove argued against attorneys for a local communications company seeking to improve AT&T service for customers near Hogeye on Thursday.
The Washington County Quorum Court heard those arguments during a special hearing to determine if Smith Communications would get a conditional use permit to build the tower near the intersection of Storms Road and Arkansas 265.
The county’s Planning Board approved the permit along with two other cellphone tower proposals in March. Twelve residents filed appeals against the east Prairie Grove location and forced the Quorum Court to hear both sides earlier this month. Thursday’s hearing was the third and final reading of an ordinance to ratify the Planning Board’s decision.
Justices of the peace, by press time Thursday, had not voted three hours into the hearing.
The proposed location for the tower lies near the northern property line owned by Storms Agri-Enterprise, Inc. That property lies off of Storms Road. Most opponents live north of that location.
Quorum Court members instructed both parties earlier this month to compromise in hopes the tower location could be moved. Both sides told justices of the peace they offered alternate locations within the property but could not reach an agreement.
Six of the 12 appellants hired the Bassett Law Firm to argue against the tower’s construction. Dale Brown, attorney, said his clients do not want to see the tower from their property.
The locations offered by Brown’s clients were not within the locations acceptable by AT&T, the company that would lease the tower from Smith Communications, said Dave Reynolds, project manager for Smith.
Brown said the locations offered by Smith Communications were still within the line of sight for his client’s view. Brown also said the tower is not compatible with the view of the Washington County countryside.
Brown also said the Planning Board did not follow county ordinance that lays out the criteria for approving conditional use permits.
Juliet Richey, county planning director, disagreed and told the Quorum Court the company did meet the criteria, or were given conditions, in order to proceed. She pointed to a packet with dozens of pages of documentation showing the criteria were met.
Tom Kieklak, attorney for Smith, said his clients, planning staff and other experts spent considerable time evaluating the project to make sure the criteria were met. Reynolds said the process received approvals from federal agencies such as the Federal Communication Commission.