The Fort Scott City Planning & Zoning Commission voted to deny a conditional-use permit request from Verizon for a communications tower sited near Maple Road, the commission announced at its public hearing.

Verizon’s zoning counsel, attorney Curtis Holland of Polsinelli PC, told the commission the company had filed supplemental NEPA materials and an appraisal that concluded the tower would have no measurable impact on nearby property values. Holland cautioned commissioners that federal law limits using health concerns as a ground for denial and that aesthetic objections must be supported by substantial evidence.

Residents who live within a block or two of the tower site urged the commission to deny the request because of height, proximity to homes and churches, and the perceived impact on their neighborhood. Tamara Merriman, who said she lives at 2303 Maple Road, told the commission, “We’re talking about a 200 foot tower 20 feet from me, heaping over my kids in home,” speaking of her personal concern about family safety and property value. Multiple neighbors said they were not notified before construction started and that they have no interest in the tower sited so close to residences and a church.

Opponents also pointed to the commission’s own zoning rules. Resident Nick Johnson cited “article 23,” saying the community’s code requires a setback that this project does not meet; he referenced a statutory citation he described as “KSA 662019” regarding wireless towers. City staff and a citizen volunteer measured distances at the site during the meeting: one participant reported a measured distance of roughly 25 feet from the tower pad to an adjacent property line and about 184 feet to a nearby church. Verizon’s representative corrected multiple public statements about height and distance, saying the structure under construction is 154 feet tall (not 200 feet) and that the pad is located on a concrete foundation at the center of the submitted site plan.

City legal counsel and staff emphasized that the commission may impose reasonable landscaping, screening or other site conditions if it approves the permit; the applicant indicated a willingness to add screening and plantings. Planning commissioners focused their discussion on the project’s conformity with local setback rules and on community impacts. After public comment and deliberation, a motion to deny the conditional-use application carried on a roll-call vote with all five commissioners present voting yes.

Votes at a glance: The Planning & Zoning Commission voted to deny Verizon’s conditional-use application (recorded roll call: Jeff Clark yes; Darcy Smith yes; Cheryl Adamson yes; Mitch Quick yes; Mark McCoy yes). The denial is an advisory recommendation and will be forwarded to the Fort Scott City Commission for final action.

The matter will appear on the City Commission agenda; the planning commission chair reminded attendees that the planning body is advisory and that the City Commission will make the ultimate decision.