Last week, a federal judge ruled in favor of a 120-foot AT&T monopole proposed for Lincoln, NH. U.S. District Court Judge Steven McAuliffe told town regulators to “promptly” issue all permits and approvals for the tower, reported the New Hampshire Union Leader.
Earlier this year, GMR Holdings, the company slated to construct the tower, sued Lincoln. GMR filed the lawsuit after the town Planning Board denied an application for site plan review, conditional use permits, and a waiver from a requirement for a fall zone that equals 125 percent of the tower, reported the Union Leader. McAuliffe wrote that state and local governments cannot deny permits for a telecommunications tower without “substantial evidence contained in a written record.”
McAuliffe added that following the usual approval route would serve no purpose, choosing to bypass ruling on the legal issues and remanding the matter to the local planning or zoning board for a final decision. The Judge cited the Telecommunications Act of 1996 in his ruling, outlining several factors favoring the tower, including:
- AT&T has a significant coverage gap in the proposed area.
- Five alternative locations were proposed but were too close to residences or had property owners unwilling to lease land.
- The monopole is engineered to buckle or deflect rather than fall, and does not endanger abutting buildings.
- It will have the same visual impact as other 120-foot towers on the same road.
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