Developers jockeying for causeway’s first cell tower

By Kelli M. Dugan
Staff Writer
Posted 1/27/10

SPANISH FORT, Ala. — Consideration of an alternative site for a proposed cell tower on the Causeway has been postponed by the Planning Commission until at least March while the new owners of an approved site secure carriers and await U.S. Army …

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Developers jockeying for causeway’s first cell tower

Posted

SPANISH FORT, Ala. — Consideration of an alternative site for a proposed cell tower on the Causeway has been postponed by the Planning Commission until at least March while the new owners of an approved site secure carriers and await U.S. Army Corps of Engineers permitting.

Tower developer Lester Boihem, owner of Two-Way Communications Co. in Orange Beach, is pitching the alternative site on the north side of Battleship Parkway between Oysterella’s and R&R Seafood as a “backup plan” should Buddy Tucker Association Inc. face problems with almost identical plans at 1263 Battleship Parkway, the site of the former WLVV radio station.

Boihem is requesting rezoning of the alternate parcel as a T-1, or telecommunications, district, but the item has been postponed because if the commission recommends denial of the request and the city council follows the recommendation, the site could not be considered again for that purpose for at least 12 months.

In October, the city council followed the commission’s original recommendation and rezoned the radio station site T-1, clearing the way for construction of a 150-foot cell tower with the capacity to hold as many as five carriers. Boihem, who submitted the original site plan on behalf of anticipated property owner Archangel Radio, learned within weeks of gaining council approval that Buddy Tucker Association Inc. purchased the property instead and owner Theodore D. “Buddy” Tucker opted not to retain Two-Way’s services.

City leaders have stated repeatedly they have no intentions of creating more than one telecommunications district or allowing the construction of more than one cell tower.

They have, however, been receptive to Boihem pitching the alternative site in the event Tucker’s plans fail to materialize.

At the moment, though, Building Official Bruce Renkert said there are no indications Tucker’s plans will not proceed.

 “The site plan Mike Johnson presented is, for all intents and purposes, identical to the plan already approved,” Building Official Bruce Renkert said during Monday’s work session.

Johnson, a Summerdale tower developer, represents Tucker and said although he understands Boihem’s desire to recoup his investment, he believes firmly that attracting carriers—even those that have already committed to Boihem’s plans—will not be an issue once the tower is complete.

“Lester is caught between a rock and a hard place. A deal he worked on very diligently just didn’t come to pass for him,” said Johnson, noting he understand carriers remaining loyal to the commitments they’ve made to Boihem but recognizing the business is simply going to follow tower construction and not a particular contractor.

“This becomes a contest. We’ve met all the criteria, but he’s got all the people. It’s a waiting game at this point,” Johnson said, referring to the outstanding Corps of Engineers approval. The request, he said, was made two weeks ago and could take as long as 45 days for a decision, but he said corps staff have told him there is a distinct possibility the site could be grandfathered because of its previous use as a radio station.

Renkert said his only concern is having a back-up plan in place should the corps deny the permit for Tucker.

Boihem, who has designed the alternate site to look like a fishing camp, said he could have the tower operational within 60 days of starting. He has signed, binding leases with AT&T, T-Mobile and Cellular South.

Mayor Joe Bonner asked Boihem if there were any wisdom to be gleaned from what went wrong in the process that created the present debacle.

Boihem called it a “very, very unusual case” in which he had a signed, binding letter of intent with Archangel Radio to rent that portion of the available property. The problem, he said, is that Archangel never had clear title to the property, opening the door for Buddy Tucker Association to purchase it.

“It’s assumed I had good title to the land, but the person who signed the letter didn’t have good title to the land,” Boihem said, suggesting future considerations be contingent on having a lease or purchase agreement before permit approval is sought.

The next regular meeting of the Planning Commission will be held at 6:30 p.m. Feb. 8, following a 6 p.m. work session at the Gathering Place in the Prodisee Center.