OTISFIELD — Oxford County Superior Court has ruled that the Planning Board must develop “findings of fact and conclusions of law” to back up its permit approval to U.S. Cellular to build a 180-foot-high telecommunications tower on Scribner Hill.

The Planning Board will review the permit application to develop findings of fact and conclusions of law at its Aug. 7 meeting. The meeting begins at 7 p.m. in the Otisfield town office.

On July 9, U.S. Cellular and the town asked the court to dismiss the lawsuit brought against them by a group of residents who said they were not allowed input into the permit application process. The town suggested to the justice as a compromise that the issue be remanded to the Planning Board to develop facts of finding only.

The findings of fact and conclusions of laws will set down the facts the Planning Board used to make their Jan. 17 decision to approve the communications tower application and the conclusions of law reached regarding those facts.

The decision does not mean that the Planning Board will hear further evidence but it does allow the board to open the record to gather more evidence if it chooses to.

Earlier this month, The Friends of Scribner Hill and individual plaintiffs James Gregory, Kristin Roy, Joseph Brown and John Poto, attempted to have the court remand the permit decision back to the Planning Board for another full hearing — essentially starting the site plan review process again. Plaintiffs said the town did not follow its own telecommunications ordinance and that some abutters to the project were not notified of the hearings and had no input into the project.

The town has conceded that the notification process may have had some problems.

Plaintiffs in the case say they are pleased with the court’s decision and hopeful they will now have another opportunity to offer testimony about the project.

“I think that the fact that it was remanded back to the Planning Board proves a point,” John Poto said. “I am certain the board will do a thorough job of fact finding and realize that there were several mistakes made. This could be a win–win situation for all involved parties.”

While both parties seem initially pleased with the decision, it remains to be seen what will happen if the Planning Board chooses not to allow public discussion during their fact-finding process.

“All the “Friends of Scribner Hill” ever wanted was a chance to participate in a detailed review of the tower; hopefully we will get our chance,” Poto said. “If not we will have to decide what our next options are.”

Town officials have said they will return to Superior Court after the Planning Board’s fact finding meeting and ask the judge to rule on the thoroughness of the process to prevent the plaintiffs from coming back with another lawsuit. Meanwhile the court retains jurisdiction of the matter.

Construction of the tower, which will accommodate space for other cellular companies and the Otisfield Fire Department’s communication equipment, was set to start in June and take five weeks to complete.

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