OTISFIELD — The Zoning Board of Appeals is set to vote Tuesday on whether the Planning Board misinterpreted a town ordinance when it approved a permit for a cellphone tower on Scribner Hill.
The appeals board will meet March 20 beginning at 7 p.m. in the Otisfield Community Hall on Route 121. There will be no public participation unless the board requests clarification from a specific party.
On March 6, the appeals board heard testimony on an administrative appeal submitted by John Poto, a Cobb Hill Road resident and former Planning Board member. Poto asserted that the Planning Board misinterpreted the town’s wireless telecommunications facility siting ordinance when it granted a permit to U.S. Cellular for a 180-foot tower off Scribner Hill Road.
The permit, which was granted Jan. 17, has four conditions:
* Submit a design for a fence at the bottom of the access road to prevent people from going up the hill to the tower base.
* Submit a bond to allow the town to dismantle the structure if U.S. Cellular abandons it.
* Test generators only Tuesday, Wednesday and Thursday between 8 a.m. and 5 p.m.
* Allow town public safety departments to use the tower.
The town ordinance has standards for constructing wireless telecommunications facilities that, in part, are designed to protect the scenic and visual character of the community and ensure that the town can fairly and responsibly protect the public health, safety and welfare of residents. A site plan and scenic assessment must be submitted by the applicant.
Selectman Rick Micklon said the appeals board must determine whether Poto and Friends of Scribner Hill proved their case.
If the appeals board upholds the Planning Board’s decision, the case can be appealed to the Maine Superior Court. Poto said Friday that he and the group will decide what action to take after Tuesday night’s meeting.
The tower would be the first in Otisfield and accommodate communications equipment from other cellular companies and the Otisfield Fire Department. Construction is set to start in June and take five weeks.
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