STATUS IN BRIEF

Fall 2009

In 2005 the threat of cell towers first appeared in Kingsmill with a proposal by the carriers to erect a 180 foot tower. This proposal was rejected by the JCC (James City County) Board of Supervisors.

The proposal for towers was again submitted in 2007, this time for two 120 foot towers to be located in the midst of the residential district of Kingsmill. This proposal was subsequently approved by the JCC Planning Commission over our strenuous objections which had demonstrated that the proposals did not meet County Ordinances.

We appealed the Planning Commission’s recommendation to the JCC Board of Zoning Appeals who supported our appeal and rejected the Planning Commission’s approval in December 2008.

The carriers, represented by New Cingular (AT&T) and Verizon, plus Kingsmill Community Services Association (KCSA), Busch Properties, Inc (BPI) and James City County filed an appeal of the Board of Zoning Appeal’s decision in the District Court. This appeal was subsequently transferred from Williamsburg to Gloucester.

We are actively pursuing support of the BZA (Board of Zoning Appeals) as they defend their decision in the Circuit Court against these parties. Our support is required because the County has denied the BZA legal counsel necessary to defend their decision.

Our next appearance in this case in support of the BZA is on November 30, 2009 at 9:30 am, in the Mathews District Court.