UPDATE Last month in a two-minute time span, the Rochester Zoning Board of Adjustment denied a local group’s request for a rehearing to fight a T-Mobile tower proposed for Meaderboro Road, according to seacoastonline.com. Now the locals are taking their fight to court.
The coalition, led by Andrea Veal and Michael Clauss, claims the ZBA acted unlawfully and unreasonably in granting a special exception for the tower while simultaneously dismissing the need to grant a height variance.
Previously, the ZBA approved the tower without discussion (in February 2017) and will allow an extended height of 20 feet, raising the tower to 185-feet, to allow for co-location. This extension will require a building permit.
Veal and Clauss have questioned the proposed location at 144 Meaderboro Road, as they believe other nearby sites will have less of an impact on people and the environment, reported seacoastonline.com.
Additional complaints are outlined in the 16-page appeal the coalition filed in court on May 10. The report states, “A rehearing should be granted such that the ZBA can carefully consider the evidence, giving ample time for comment from all interest holders, such that the due process rights of all interest holders may be observed.”
Eco-Site is leasing a parcel at 144 Meaderboro Road from state Rep. Matt Scruton in order to build the tower. Scruton has said he’s only involved in the leasing of the land and that the property, which was considered for a similar AT&T tower in 2014, is an ideal location for a cell tower because it has one of the highest elevations in Rochester.
Veal and Clauss have questioned why 144 Meaderboro Road was chosen as the best location, as they believe other nearby sites would have less of an impact on people and the environment. They believe the applicant hasn’t fully shown its burden of proof in order to gain approval for 144 Meaderboro Road.
A spokesperson for Eco-Site told Inside Towers they obtained approval for this site through a valid zoning process, are afforded the right to pursue building this tower and have no further comment on this matter.
May 24, 2018
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