UPDATE Fifteen homeowners in Mashpee (MA) filed a lawsuit in the Barnstable Superior Court against the Mashpee Zoning Board of Appeals, Blue Sky Towers, and the Town of Mashpee, reported The Mashpee Enterprise.
The complaint, filed March 19, challenges the zoning board’s decision in February, to grant a variance to Blue Sky to build a tower 116 feet higher than Mashpee’s zoning allows. The lawsuit alleges that the zoning board did not act within state and federal guidelines when issuing the variance.
The town, looking to increase cell coverage to the southern part of Mashpee, chose Blue Sky to build a cell tower at the Mashpee Fire Station. Neighbors objected to the location, fearing the impact on their property values as well as impacts on their health, reported the Enterprise.
Although rejected during a Town Meeting in October, the town and Blue Sky have pushed forward with the project. Blue Sky brought its proposal to the zoning board in early 2019, arguing that federal law trumps local zoning, at least in the case of cell phone coverage. The company requested a variance from the town’s zoning laws that essentially limit cell tower height to no more than ten feet taller than the highest tree or building in the area.
The plaintiffs argue that the zoning board did not take into consideration soil conditions, topography or the shape of the parcel when granting a variance. And per Telecommunications Act of 1996, the site proposed by the town is not the only site in the southern section of Mashpee that can accommodate a cell tower. In fact, another site has already been approved, reported the Enterprise.
“There is nothing unique about the property which would justify a variance under state or federal law,” said attorney Paul Revere III, representing the plaintiffs in the case.
It is unclear whether the other regulatory board reviewing the proposal—the Mashpee Planning Board—will issue any ruling on the project until the resolution of the case unfolding at Barnstable Superior Court. Comments? Email Us.
March 29, 2019
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