York, Maine would benefit from a cell tower that addresses coverage gaps, but town ordinances restrict the presence of cell towers in York Village, reports SeacoastOnline.com. Vertex Towers has requested a variance that would allow them to construct a 120-foot monopole within town limits. According to SeacoastOnline.com, Vertex has said it will take the matter to court if the variance is not granted.
“All we need to know is that there’s a gap in coverage,” attorney Francis Parisi said to the Board. “Which, you guys can probably tell me more, better, than I can, that there is a gap in coverage in York and that there is no viable alternative.” Parisi pointed out the federal law trumps local jurisdictions in situations where insufficient coverage exists. He volunteered to produce documentation proving the lack of cell service in the region and the lack of alternative sites to address it.
“I’d love to have cell service in the center of town and a lot of places,” said Board Chair, Joe Carr, “But we can only do what we have to do.”
Fellow Board member Michael Swant doubled down on backing York ordinances, saying, “The use or structure they’re talking about here is otherwise prohibited in this, because it is not in the zone that our voters of York agreed that were zones wireless communications facilities could be placed in. That being the case, I believe that this board cannot even entertain granting a variance. It’s very, very clear and very specific.”
Parisi reminded the Board that York has a comprehensive plan drafted that specifically includes goals to improve digital communications. He suggested that the town’s legal counsel review the situation and consider the advisability of granting the variance, according to SeacoastOnline.com.
“It [filing a lawsuit] is a very long, arduous process, expensive process for both of us,” said Parisi. “Given the fact that everyone wants it, why don’t we try to find a way to get there without litigation.”
The Board discussed Parisi’s proposition and with a 4-1 vote, agreed to keep trying to work with Vertex. Swant was the lone holdout, noting, “I don’t know what the federal law says, but I do know what our local ordinances say, and I believe that’s the extent to what this board can do tonight.”
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