After six hours of testimony, which frequently came down to semantics, the county Board of Zoning Appeals did not reach a decision yesterday on the appeal of a stop-work order for a telecommunications tower in Sykesville.
Since West Shore Communications announced plans to build the 200-foot tower on conservation-zoned private property along Hollenberry Road near Sykesville, the project has been the subject of heated debate, public hearings and several appeals to stop construction.
Construction began, with a permit issued by the county Oct. 28, but was called to a halt three days later. Attorneys for West Shore and Cellular One, which will use the tower, filed an appeal of the stop-work order and presented their arguments yesterday.
The town and county contended that an appeal, filed minutes after the permit was issued, stays the building permit.
Sykesville is appealing the Oct. 26 Board of Zoning Appeals (BZA) decision, which denied the town's appeal of the county Planning and Zoning Commission waiver of a fall zone -- the area a tower would land in, if it fell intact -- for the Sykesville tower.
That decision eliminated a final hurdle and allowed the building permit to be issued two days later, on a Friday.
"The real question is if the building permit was lawfully issued," said Charles W. Thompson Jr., county attorney. "We contend it is a mistake."
Cynthia Hitt, an attorney representing Sykesville, said the permit should have been stayed until the BZA's written decision was issued on Nov. 22. "The developer knew this was a contentious issue and rushed to build over a weekend," said Ms. Hitt. "He bears the risk of the process right up until the time the building is in the ground."
Within a day of receiving the permit, West Shore began digging the foundation for the tower and continued working through the weekend.
The outgoing county commissioners met on the site Oct. 31, the next Monday, and enacted an ordinance prohibiting tower construction without an adequate fall zone -- a distance equal to the height of the tower plus 50 feet. The ordinance applied to any towers which did not have a use and occupancy permit.
The commissioners called the site unsafe and issued an immediate stop-work order.
"If the commissioners determine something is unsafe, they ought to be able to do something about it," said Mr. Thompson. "Government should be able to deal with the safety of those who live in its jurisdiction."
The tower is less than 250 feet from neighboring residences and nearly adjoins the home of William and Phyliss Shand, who are leasing their property to West Shore.
Once constructed, Cellular One would use the tower and lease space to other telecommunications companies. The county emergency services would have free access to the tower.
"We are here on a vesting issue," said Clark Shaffer, attorney for West Shore. "Did this project proceed far enough so that government is prohibited from preventing its continuation?"
West Shore met every county requirement through "adversarial proceedings, BZA hearings and Planning Commission hearings," he said.
Mark Sapperstein, vice president of West Shore, detailed nearly $50,000 in costs incurred during the year-long legal battle and two days of construction.
"I had been following the pending ordinance for several months and I focused on how it affected my site," said Mr. Sapperstein. "I understood it would have no effect as long as the building permit was issued."
Mr. Thompson said the contractor knew the pending legislation would prevent his tower. "If you know an ordinance is pending, you can't race the government to get in under the wire and be in good faith," he said.
The board requested time to confer with its attorney and to review the many documents presented during the hearing.