Members of the Wheeling Planning Commission met on Monday night, when a public hearing was held to reconsider a request for a special use permit that would allow AT&T to construct a new wireless telecommunication tower in a wooded area off of National Road near the Augusta Levy Learning Center. From left are Wheeling City Solicitor Rosemary Humway-Warmuth and Planning Commission members Ben Seidler, Bill Lanham, William Schwarz, Jeremy West, Howard Monroe, Christine Schessler and Thomas Conner. (Photo by Eric Ayres)

WHEELING – Following a lawsuit filed by AT&T against the city of Wheeling and the city Planning Commission for denying a special use permit for a new cell phone tower in Woodsdale, members of the Wheeling Planning Commission on Monday night voted unanimously to reconsider their previous action.

A 7-0 vote was cast Monday night by all members present during the regular monthly meeting of the Wheeling Planning Commission to reconsider the request for a special use permit by AT&T for a telecommunication facility near 908 National Road.

In April, the Planning Commission voted 5-2 to deny AT&T’s request after several residents of the neighborhood and Ward 4 Councilman Jerry Sklavounakis – an attorney by trade – attended a public hearing to speak out against the proposal. The vast majority of opponents of the measure expressed concerns about potential radio frequency – or RF – emissions from the new tower.

However, the AT&T lawsuit filed on June 11 noted that the company complies with all RF emissions regulations set forth by the federal government. Those standards are regulated by the Federal Communications Commission and cannot be used as a basis by the local planning commission to deny their request for a permit.

AT&T also noted that both the city’s telecommunications consultant – the Center for Municipal Solutions, represented by municipal manager Brian Tregoning – as well as city staff, represented by Wheeling Building and Planning Director B.J. Delbert, recommended approval of the request for a special use permit heading into the original public hearing this past spring.

Tregoning appeared during Monday’s Planning Commission remotely, as did Michael Beddow, associate project manager for the engineering firm GPD Group, and attorney Drew Hutchinson, both representing AT&T.

There is a very stringent process required to prove the need for a new tower, according to the city ordinance regarding wireless telecommunications facilities. The proposed new tower is designed to address an underserved area where its customers exist. It will also provide relief to an existing AT&T tower that is nearing its capacity, officials said.

“Everything that is required by the ordinance for the city of Wheeling was submitted, and my letter of recommendation was also submitted,” Tregoning said Monday. “So CMS – your wireless telecommunications consultant – does recommend that we move forward.”

Following the lawsuit against the city over this issue, the Planning Commission met in executive session last month to discuss options about the situation. The planning commission also met in executive session during Monday’s meeting before reconvening to regular session and discussing the matter further.

Members of the Wheeling Planning Commission met on Monday night, when a public hearing was held to reconsider a request for a special use permit that would allow AT&T to construct a new wireless telecommunication tower in a wooded area off of National Road near the Augusta Levy Learning Center. Wheeling Building and Planning Director B.J. Delbert speaks during Monday night’s meeting. (Photo by Eric Ayres)

“Is there any basis for the planning commission to deny this?” asked Wheeling City Councilman Ben Seidler, who was recently appointed to the Planning Commission by new Mayor Denny Magruder. Previously, Councilman Dave Palmer had served as the city council representative on the Planning Commission.

All parties agreed Monday night that the Planning Commission did not have grounds to deny the request, as AT&T had taken all steps necessary to seek approval.

“The application has met all of the requirements of the city ordinance, and they have met all of the federal standards for emissions and other issues,” Planning Commission member Howard Monroe said. “They have met their requirements completely – federally and locally.”

Delbert noted that since the last Planning Commission meeting, she received two phone calls from neighbors who were in favor of construction of the new cell tower. Through negotiations between the attorneys from the city and AT&T, the company has also agreed to install a vinyl fence around the new facility instead of a chain-link fence, if all approvals allow the tower’s construction.

Several cell phone towers are currently in operation around the city, officials stressed, noting that cell phone towers in residential neighborhoods are nothing new.

“There are multiple towers located in Wheeling, West Virginia, with multiple carriers on them,” Tregoning said.

No one from the public signed up to speak during Monday night’s meeting and public hearing to reconsider the request. In April, only Monroe and fellow Planning Commission member William Schwarz voted to approve the special use permit, while Palmer, Bill Lanham, Jeremy West, Michael Baum and Thomas Conner voted against it.

On Monday, all members present voted for the reconsideration to grant the special use permit. Baum was not present during the meeting.

Wheeling City Solicitor Rosemary Humway-Warmuth said she could not comment on pending litigation. She explained, however, the AT&T was seeking injunctive relief with the goal of obtaining a permit to proceed with its plan for the tower. Following Monday’s meeting, officials indicated that the pending suit would likely be dismissed.

Members of the Wheeling Planning Commission met on Monday night, when a public hearing was held to reconsider a request for a special use permit that would allow AT&T to construct a new wireless telecommunication tower in a wooded area off of National Road near the Augusta Levy Learning Center. Officials from the Wheeling Planning Commission met in person, while representatives from AT&T and the city’s wireless telecommunication consultant attended Monday’s meeting remotely. (Photo by Eric Ayres)