A controversy over a newly approved cell tower in Conway, NH, has escalated, with resident Kevin MacMillan filing a $50 million lawsuit against the town, according to the Conway Daily Sun. The dispute concerns a building permit granted to Bear Hill Development for a 160-foot cell tower built by Vertex on Artist Falls Road. The permit was issued by Code Enforcement Officer Jeremy Gibbs and must be used within one year.
MacMillan has opposed the project since the Conway Zoning Board of Adjustment (ZBA) approved it in January 2021. After losing lawsuits in Carroll County Superior Court and the New Hampshire Supreme Court, MacMillan is attempting a new legal challenge, claiming that the ZBA approved an incomplete application and ignored potential risks such as collapse, fire, radiation hazards, and height concerns.
MacMillan’s lawsuit references studies and findings from entities like the National Toxicity Program, the New Hampshire Commission on Electromagnetic Radiation, and the International Association of Fire Fighters. It also cites a recommendation by Kent Chamberlin, a former chair of the Department of Electrical and Computer Engineering at the University of New Hampshire, that cell towers be placed at least 1,600 feet from residences due to health risks. Chamberlin has stated that 30 studies link proximity to cell towers with increased risks of cancer and insomnia, the Daily Sun reported.
MacMillan, representing himself, is seeking a jury trial. He is asking the court to address several key issues related to the approval of a 160-foot cell tower on Artist Falls Road. Specifically, MacMillan is asking the court to verify whether radiation and electromagnetic fields from the proposed tower would encroach upon neighboring properties, potentially posing health risks. In addition, he is challenging the validity of a balloon test purportedly conducted by Vertex Towers, questioning whether the submitted photo evidence of the test is genuine.
MacMillan argues that these issues were overlooked during the approval process by the Conway Zoning Board of Adjustment. Representing himself, MacMillan’s case will be transferred to the state’s land use court in Hillsborough County North in Manchester. The town of Conway has not yet responded to the lawsuit, and an attorney has not been appointed for the case.
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