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Settlement requires rehearing of West River Road tower with 750‑foot residential setback
Summary
The board was informed that a settlement in Circuit Court requires a rehearing of the West River Road communication tower special use permit and that any reheard permit must include a minimum 750‑foot distance from the nearest residentially zoned property or residential structure (or the more restrictive agricultural setback).
A board member told the Putnam County Zoning Board of Adjustment that the previously approved West River Road communication tower has been appealed to the Circuit Court of Putnam County and that county counsel reached a settlement requiring the permit to be reheard by the zoning board.
According to the report to the board, the settlement requires that any approved tower at that West River Road site must be at least 750 feet away from the nearest residentially zoned property or residential structure, with the more restrictive of that standard and the agricultural zoning requirement to apply. The county representative said the appellant has executed the settlement and the county is waiting on a final signature from the opposing party’s representative (“Rich”) to complete the agreement.
The board did not take a new vote on the West River Road case during this meeting; the report was presented as an update in the old‑business portion of the agenda. The board discussed that the rehearing requirement stems from the settlement terms and that the reheard permit will need to reflect the 750‑foot minimum distance before the board considers the matter again.
