The York, ME Appeals Board unanimously denied a variance request for a 120-foot monopole behind First Parish Church last week. Seacoastonline reported that Vertex Towers’ request was intended to fix a dead zone in York Village.
According to Vertex, the Telecommunications Act prohibits local boards from preventing towers where coverage gaps exist; however, board members said: “they were bound to reject the variance by town ordinance and state law.” The board claimed the request violated at least one of the criteria for state law, “altering the essential character of the locality.” Vertex has proposed a camouflage “tree” tower, but board members said they doubted the tall structure would go unnoticed.
“I find it totally in askance to believe that a 120-foot tower structure in the middle of a forest does not alter the essential character of the locality,” said board member Michael Swant. “That is preposterous to me.”
According to a Vertex representative, the company submitted an extensive review to the town of why no alternative location exists, which could lead to a lawsuit. “The federal law, to be fair, does not say you have to say ‘yes.’ It just says you can’t say ‘no’ without sufficient reason,” Francis Parisi said. “There’s a gap in coverages, and there’s no viable alternative.”
Seacoastonline reported two designated [overlay] areas exist in the town for towers, established under the 2002 Wireless Communications Facilities Ordinance. However, residents constantly debate whether to allow towers in the village, according to Seacoastonline.
Conversely, some favor the Vertex tower proposal, like York Village Fire Chief Chris Balentine. In a letter to the Planning Board, he welcomes the tower, which will improve emergency services “sorely needed for coverage.”
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