OTISFIELD — Tuesday night Otisfield’s Appeals Board dismissed a resident group’s appeal of the Planning Board’s approval for Verizon Wireless to construct a new cell tower off Bell Hill Road.
The Planning Board had issued conditional approval for the tower on April 13. After Verizon submitted a letter confirming it would comply with all the conditions for approval the Planning Board granted final approval to the project on May 11.
On May 12, appellants submitted their appeal to the town. Four of the appellants, Rebecca Bear-Mann, Donald Potter, Mary E. Waterhouse Spear and Patricia Sturdivant subsequently withdrew their participation within one week. Three others, Kristin Roy, Virginia Arsenault and Todd Winslow pursued the appeal.
The appeal claimed that the Board had disregarded intent and meaning of town ordinances and policies; as well as misinterpretations by the applicants and town officials.
On June 3 Scott Anderson of Verrill Law, who directed Verizon’s application and represented the property owner, submitted a response to the appeal asserting that the Planning Board had properly received, reviewed and held a public hearing about the application. Anderson went on the challenge the standing of Roy and Arsenault to bring their appeal, arguing they lacked direct and personal injury as they are not abutters to the future tower, while conceding that Winslow may as an abutter.
Arsenault had previously signed a conditional lease with Verizon when they were in the early stages of conducting site research for its tower but when they determined the Bell Hill Road location was preferable Arsenault’s lease was nullified. She then urged the Planning Board to consider her property as they conducted the application review. However, the Planning Board maintained it could only consider properties included in the application and had no authority to consider hers.
Following a June 9 public hearing the Appeals Board unanimously upheld the Planning Board’s decision and denied the appeal.
On Tuesday night, the Appeals Board met with town counsel Zachary B. Brandwein of Bernstein Shur to review his finding of facts of the appeal and hearing. After reading through Brandwein’s assessment and conclusions, the Appeals Board then unanimously agreed that the “Planning Board’s decision to grant Verizon’s application was not clearly contrary to any applicable provisions of the town’s wireless telecommunications facilities ordinance and was supported by substantial evidence in the record. The appeal is denied. The Planning Board’s decision is affirmed.”
These maps show current cell phone coverage areas of Otisfield and the increased reception that a proposed Verizon Wireless communications tower would bring to the town.
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