Judge Mark Wolf ruled in favor of Varsity Wireless receiving a permit for a tower intended to close a coverage gap in Hamilton, MA. The site is to be located behind the Town Hall, which many town officials celebrated, according to Wicked Local.
Per the ruling, “The agreement for judgment between Varsity and the town constitutes a fair, adequate and reasonable compromise concerning the costs and benefits to the town, its citizens, and Varsity.”
“The town will also receive financial benefits, lease payments, co-location fees, and utility payments as a result of issuance of the permit,” it continues. “In addition, the agreement saves the town future costs of litigation.”
Dissenters on the Planning Board voted against the tower last year, arguing that Varsity should consider other locations. However, both the telecom company and town officials stressed the suggested alternative locations were either not available or considered part of the Requests for Proposals Varsity applied for, reported Wicked Local.
Planning Board member Rick Mitchell said, “I’m delighted the court upheld what the majority voted for.” He added that dissenting members “just didn’t want it there. Despite the evidence, the applicant proved they met the requirements of the zoning bylaw and the federal Telecommunications Act…”
Shawn Farrell, the chairman of the town’s Board of Selectman, said visibility tests showed the tower was not obtrusive and that the ruling was, “a long time coming and cost the town a lot of money.”
Director of Planning and Inspections Patrick Reffet called the ruling, “a step in the right direction.” Comments? Email Us.
April 16, 2019