In a lawsuit brought to the Massachusetts Superior Court, a judge ruled in favor of the defendant TowerNorth Development, allowing a proposed cell tower to stand. Massachusetts Lawyers Weekly reported that abutters to the project, who filed the lawsuit, lacked standing with the Essex Zoning Board of Appeals (ZBA).
TowerNorth applied for a variance in 2021, to construct a tower on behalf of Verizon Wireless. The application included:
- An RF report
- An alternative site analysis
- An environmental sound assessment
- A radio frequency exposure report
- A real estate valuation report
- Photo simulations
The ZBA held four public meetings in 2021 addressing the proposed tower, visited the site, and hired an outside consultant to peer review TowerNorth’s application. Although the ZBA unanimously approved the variance in October (2021), three abutters presented an appeal to the Superior Court.
The abutters opposing the project cited “worsened aesthetics and view, diminished property value, health effects on young children, and excessive light, noise, and traffic.” Judge Jeffrey T. Karp found that the plaintiffs did not provide sufficient evidence proving potential harm. Massachusetts Lawyers Weekly reinforced the importance of opponents bringing forth credible evidence.
In light of the judge’s decision, the ZBA granted a special permit to TowerNorth, including variances allowing the 146-foot tower:
- To sit 1.7 miles from the nearest existing tower instead of the required 2 miles
- To be placed 121 feet from the nearest property line instead of the required 187.5 feet
- To sit 379 feet from the nearest residential structure instead of the required 500 feet
The ZBA also waived the requirement that a common wall must connect related buildings.
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