After a request, a denial, and a lawsuit, residents of Heath, MA are campaigning to have their voices recognized, reports the Greenfield Recorder. A group of town residents have asked to be included in the legal proceedings with AT&T as “interveners.” A judge will have to determine if the private citizens group has a personal stake in the outcome and can be added as a party to the civil suit.
“We believe it isn’t a good site for this cell tower and the Planning Board denied the application based on its merits and bylaws,” explained Tara Mason, one of the petitioners. “It goes back to the site; it’s not a good site and it’s likely not going to do what they say it will do in terms of coverage.”
Last September, AT&T proposed erecting a 180-foot cell tower on private land owned by John Metallica. The Planning Board was swayed by outcries from residents who argued that a cell tower would ruin the town’s rural character and aesthetics and undermine property values. Opponents also questioned the need for a cell tower and asked if alternate locations had been considered and pointed out that the tower’s height would exceed town bylaws.
The Planning Board denied the application, stating, “It is impossible for us to say they have met their burden of proof establishing least intrusive means because they haven’t given us the evidence to prove that. We asked them, we did not demand it, and they simply refused to provide it.”
AT&T fired back with a lawsuit pointing out that the Telecommunications Act of 1996 was a higher authority. After receiving notice of the lawsuit, the Selectboard of the town of Heath identified itself as the entity responsible for making decisions of this nature and began talking with AT&T about the possibility of constructing a scaled down 140 foot cell tower.
All the legal wrangling comes with a price tag, and at the most recent meeting, Town Coordinator Hilma Sumner warned residents of the mounting costs. She said that $9,980 in legal fees was charged in late 2021, with an unpaid bill for $5,000 still looming. Sumner noted that funds were scarce, saying, “We’re going to need thousands of more dollars before July 1st.” In order to keep fighting, she said, the town can spend money it doesn’t have, or “hope the money tree has a heavier than usual crop.”
Petitioners like Tara Mason believe that joining the lawsuit as interveners is their one chance to weigh in before decisions are made without their input. “We don’t want the tower in our face, obviously,” she stated. “I think what people don’t understand is that this thing would be looming over all our homes. This is our one chance to possibly have some say in this and we’re going to take it because if this tower goes up, it’s not coming down. It’s unfortunate that it’s gotten to this point, but we’re hoping for the best for everybody, for the town, in terms of a longer view of this. We’re reasonable people and realize there are lots of moving parts and this is a complex issue.”
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