The Bethany Beach Town Council will hold a special meeting on Tuesday, Dec. 22, at 2 p.m. at the town hall. The meeting will include discussion and a vote on moving forward with the Sea Pines Village homeowners association with litigation to halt the construction of a 100-foot-tall cell tower adjacent and outside of the corporate limits of Bethany Beach.
After the discussion, the council will consider a motion to go into executive session to discuss potential litigation. They will then return to open session, at which time action could be taken on the issues discussed.
Property owners in Sea Pines Village unanimously opposed the proposed AT&T tower behind the convenience store, gas station and Arby's restaurant adjacent to the community and to Bethany Beach town limits.
The SPV HOA, Bethany Beach officials and other opponents have objected to a limited notification about the application for a conditional use exception approved on a 3-2 vote by the Sussex County Board of Adjustments this fall. The notification by the county included the posting of the notice of a public hearing on the incorrect property and no notice sent to the bulk of the adjacent residential property owners.
The BOA has rejected the opponents' appeal for a re-hearing on the application, but the issue can be appealed to state court.