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Cherokee County denies Milton Pro Players Park noise-exception request after heated public comment

3020360 · April 15, 2025
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Summary

After more than an hour of public testimony, the Cherokee County Board of Commissioners voted 4–1 to deny a request by Milton Pro Players Park (operated by Mike Zito) for a one-year noise exception to allow game activity beginning at 10 a.m. on Sundays.

The Cherokee County Board of Commissioners denied a noise-exception permit for Milton Pro Players Park on April 15, voting 4–1 to refuse the facility’s request to operate on Sundays beginning at 10 a.m. for a 12‑month period.

The denial came after a public hearing that drew nearly a dozen speakers who alternately supported the park as a youth and regional tournament venue and criticized its scale and impacts on adjacent residents. Commissioner Wetherbee moved to deny the application; Commissioner West seconded and the motion carried with Commissioner Ragsdale dissenting.

Planning staff member Dana Spade told the board the application sought an “exception permit to operate outside of quiet hours, starting at 10AM on Sundays” and summarized the county’s noise provisions, noting quiet hours include an extended Sunday period. The application sought the exception to allow weekend tournaments and practices to finish without interrupting play.

Attorney Vincent Russo, representing the applicant, said the park hosts competitive teams from across the state and that an inability to start earlier on Sundays would effectively bar tournaments from continuing at the facility. “We believe that getting a noise exception permit will allow us to avoid that fight,” Russo told the commission, saying his client wants to avoid protracted litigation over the ordinance.

Residents and nearby property owners told a different story. Attorney Phil Price said operators had made repeated promises to neighbors that were not kept. David Klanick, who said he lives directly behind the park, said the site had “hijacked” a residential area and described repeated noise, traffic and lighting impacts. A representative for a senior living facility said Sunday mornings are a rare respite for residents and asked the board to deny any extension of operations into that period.

Commissioners debated technical and legal issues raised by both sides, including the county’s current ordinance language and the absence of decibel-based standards. “Our noise ordinance is vague,” the chair said during discussion, and several commissioners noted uncertainty about how a judge might rule if the matter proceeded to litigation. Still, several members said the board’s duty is to preserve neighbors’ quiet enjoyment of property.

The denial does not change the underlying citation that is pending court action; Russo told the board that the operator expects to address enforcement issues through the legal process if necessary. The board’s vote was limited to the permit request on the table.

The commissioners who voted to deny were Commissioner Carter, Commissioner West, Commissioner Wetherbee and Commissioner Weatherby; Commissioner Ragsdale voted against the denial. The board closed the hearing and moved on to subsequent items on its agenda.