WELD — Tuesday, Jan. 19, the Board of Appeals remanded AT&T’s application for a 190′ cellphone tower back to the Planning Board with instructions.

The remand has three parts:

1.Determine whether the applicant has right title and interest

2. Clarify its written findings regarding Article 21 of the Building Ordinance, how it decides that and why

3. Hold further proceedings as the Planning Board deems necessary or appropriate

The 190-foot tower as proposed would be across from Lost Cove, just before Fire Lane 17 and beyond the Weld Inn on the Phillips Road. AT&T has leased the site from Kevin and Holly Cochran.

The Board of Appeals met Jan. 11 when it was determined the Planning Board failed to take roll call votes, as required by state law, among other things.

AT&T’s application did not appear to include a copy of the lease agreement, Agnieszka Dixon, Board of Appeals attorney with Drummond-Woodsum, said then.

“The Planning Board should review it to assure right title of interest,” she noted. “Without it, the Planning Board doesn’t have sound documentation.”

While it was prepared to do so, the Planning Board never addressed each of the nine standards included under Article 21 of the Building Ordinance, Appeals Chairman Sean Minear noted last week.

Federal telecommunication law prohibits local zoning ordinances from keeping telecommunication companies from closing gaps in service, Ted Small, the attorney representing AT&T said at the July 29 informational meeting held via Zoom on the project. The building permit application was submitted on July 27.

On Tuesday, Small again brought up the shot clock issue raised at the Aug. 12 meeting.

The time Weld had on the matter was extended to January 31, he said.

“I’m not sure AT&T will extend it beyond that,” Small noted. “I’m not ruling it out.”

“The Planning Board and the town’s attorney will have to discuss it,” Dixon said.

If the Planning Board’s decision is again appealed it is  not likely to happen before January 31, she noted.

“There will need to be another extension,” Dixon said. “The attorneys can take that up.”

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