The carrier on January 29, submitted a revised plan to attach an antenna to the top of a water tower. The first plan was opposed by some neighbors and town officials, which ultimately led to a lawsuit won by Verizon in federal court, reports Falmouth, MA’s local newspaper, The Forecaster. The paper reports the dispute began after Code Enforcement Officer Ben McDougal in early 2014, cited aesthetic reasons for denying Verizon’s application to put an antenna on the 70-year-old tower.
Verizon requested reconsideration in June 2014, but was denied by the Zoning Board of Appeals. Verizon sued the town in July, 2014, in U.S. District Court in Portland. U.S. District Court Judge Jon D. Levy on September 30, 2015, ruled against the town on one of two claims by Verizon. Levy said the town was wrong when it said the proposed tower didn’t meet the town zoning ordinance definition of an “alternate tower structure,” according to The Forecaster.
The water tower provided backup water to the town for 60 years but was drained in 2007, when upgrades to the town’s water system rendered it obsolete, said the newspaper. Various antennas have since been attached to the top of the tower and, says The Forecaster, the new application is intended to address concerns of neighbors in Shore Acres. The application says development won’t impact wetlands or traffic flow. It also says noise will be kept to a minimum and that Verizon will put equipment on the side of the tank away from nearby homes.
Project manager Charles Fredette of VitalSite Services said in the application that the project will benefit the town: “The proposed installation is consistent with the town’s goals of minimizing the number of new towers necessary to expand wireless services in Cape Elizabeth,” he said.
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