St. Mary's County Board of Appeals approves 195-foot Hermanville commercial communications tower

The St. Mary's County Board of Appeals on April 9, 2015 approved a conditional-use application for a 195-foot monopole commercial communications tower proposed for a 14-acre parcel on Hermanville Road in Lexington Park.

The decision comes after a staff presentation and a detailed technical presentation by the applicant showing coverage maps, environmental reviews and site plans. The board’s approval was unanimous (5–0) and included conditions requiring final site-plan approval, a bond or other surety for removal of obsolete facilities, prominent contact information on the site's fence and that no lights or advertising be placed on the tower unless required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) or county code.

Why it matters: County staff and the applicant said the tower is intended to fill a documented gap in mobile data coverage in the area and to provide capacity for current and future wireless carriers. Applicant materials and testimony said the monopole would support up to five wireless providers; Verizon Wireless and AT&T were identified as committed users. The site sits outside the critical area but adjacent to a riverine floodplain, and the project will require tree clearing only within the limits of disturbance for a 20-foot gravel access road and a fenced compound.

Staff and applicant presentation: Yvonne Chile, zoning administrator for St. Mary's County, summarized the application and the staff report, noting that the parcel is approximately 14 acres in the 8th election district, zoned Residential Low Density Transitional and that the conditional-use request was advertised March 25 and April 1, 2015. Chile said the applicant proposed “a monopole style commercial communication tower at an elevation of 190 feet above ground level” and that the lease area would be a 90-by-160-foot gravel pad enclosed by a 10-foot chain-link fence.

Applicants representing Telecom Capital Group provided propagation maps and engineering analyses showing the proposed tower’s coverage within a two-mile search radius. The applicants said their site selection process focused on locating the tower inside a roughly 0.3-mile target area to meet coverage needs while balancing county setback and screening requirements. The applicant represented that the chosen Alamo Properties parcel met setback requirements (about 200 feet from property lines) and would place the tower about 225 feet from the paved surface of Hermanville Road and roughly 400 feet from the nearest dwelling.

Environmental and technical reviews: The applicant submitted a National Environmental Policy Act (NEPA) review and said the clearing and installation would avoid the floodplain; the NEPA screening returned no adverse impact findings. The NEPA process also solicited responses from federal and state agencies, including the U.S. Fish and Wildlife Service; the applicant testified that any agency concerns identified through that process would require follow-up (for example, targeted botanical or archaeological studies) and could lead to mitigation steps or, if unmitigable, denial.

Noise and generator: Applicant testimony described a diesel backup generator housed in a Level 3 enclosure to limit noise; the applicant’s analysis indicated sound levels comparable to normal conversational levels near the generator and lower at typical residential distances. The applicant committed that tenants (carriers) would use such enclosures and that the carriers had agreed to those noise-attenuation measures.

Colocation and approvals: The applicants said two carriers (Verizon and AT&T) had committed to the site and that the tower’s design would allow up to five colocations. FAA and Maryland Aviation Administration (MAA) reviews had been submitted and did not require obstruction lighting for the proposed height; the applicants said they would not install lighting or advertising unless required by FAA/FCC or county regulation. The applicants also agreed to a condition making final local approval contingent on receipt of any required FCC authorizations.

Board action and conditions: After questions about coverage, site selection and environmental review, a board member moved to approve the conditional use. The board’s motion approved a monopole at a height of 195 feet above ground level and attached the following key conditions: the tower design must show capacity and space for future colocations; no lights or advertising except as required by federal or county authorities; all obsolete or unused facilities must be removed within 24 months of cessation and secured by an applicant-provided bond or letter of credit; contact information must be displayed on the fence; and final site-plan approval is required before construction.

What was not decided: The board did not authorize any lighting, advertising or other uses beyond telecommunications; the county stated it does not intend to place county equipment on the tower. The board did not rule on any potential appeals; staff will prepare a written order to be signed by the board within 30 days, after which there is a 30-day appeal period to circuit court.

Next steps: The applicant must obtain final site-plan approval from county agencies, submit or finalize any FCC filings required for wireless facilities, and provide the required surety before issuance of any building or grading permits. The order reflecting the board’s decision will be mailed to the applicant when it is prepared and signed.