Last week, the Maine Supreme Judicial Court upheld the Stark, Maine, Planning Board’s decision and rejected an appeal from neighbors, Harry and Cindy Brown. The decision explained that the couple did not bring up their concerns soon enough after the decision. The two have concerns about how the Starks Appeals Board should have handled the case, and claimed Board should have conducted a completely new look at the case. The Board disagreed, and explained they would not re-try the case, look further at documents, or consider issues not considered by the Planning Board, according to the Portland Press Herald. The Appeals Board looked at procedural issues and whether state and federal laws were followed. “In an unsigned decision, the justices said that since the Browns failed to object when the appeals board said it would not consider their arguments against the cell tower, there was no legal ground for appeal,” the Portland Press Herald reported. The 195-foot tower was first proposed in July 2013, and the Browns, along with other residents, voiced their opposition to the structure. However, their reasons (health concerns and aesthetics) cannot be considered during the telecommunications permitting process according to federal law. Town Selectmen said the tower would be an asset to the town, which led to several public hearings on the matter and a request for a moratorium on new towers. That endeavor ultimately failed. Cindy Brown was also charged with assault in September 2013 after she allegedly spat on First Selectman Paul Frederic after one of the more heated public hearings. Brown plead guilty as part of a plea deal, which gave her the opportunity to have her record cleared after a probationary period.
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