Cell provider wants cemetery tower to plug dead zone
Published on April 23rd, 2008
STONEHAM, MA - The Archdiocese of Boston wants permission to erect a 80-foot cell phone tower in the middle of St. Patrick's Cemetery.
Joining with cellular service provider T-Mobile, the Archdiocese of Boston will seek a variance from the town's Zoning Board of Appeals (ZBA) this Thursday to erect the structure, which will contain enough space for three different providers.
The ZBA will deliberate on the request this Thursday in Town Hall at 7:30 p.m.
Already causing a stir amongst neighbors and town officials, the proposal will likely meet staunch opposition, as it is slated for an area where wireless communication devices are prohibited, per Stoneham's zoning regulations.
This Tuesday night, the Selectmen empowered Town Counsel Bill Solomon to represent Stoneham's interests and to fight the plan, should the ZBA determine that the requested variance is inappropriate for the surrounding area.
In particular, the Selectmen exempted Solomon from provisions of the state ethics laws which prohibit municipal employees or elected officials from participating in a matter where they may have a financial interest.
Solomon, who lives on Seward Road, abuts the site where the cell tower would be placed.
"My interest is not such that it would effect the integrity of the job I perform for the town," the town attorney argued. "My approach to this would be the same as anything else, to vigorously represent the town and to enforce its bylaws."
"I would certainly say that I could be impartial in this case, in that the town doesn't allow cell towers there," Solomon added.
The legal team representing the Archdiocese, from Boston-based Price Lobel Glovsky and Tye, did not return phone calls to The Independent this week for comment.
However, according to records obtained from the building department, the petitioners want to install an 80-foot cell-phone tower disguised as a flag pole at the 15.5 acre cemetery.
The facility, which will be placed 400 feet away from the nearest residential home, will include three wireless antennas and three equipment cabinets, to be stored at the base of the structure.
"The [facility] will be constructed to mimic a flagpole and will include the installation of a flag," attorney Craig Taleronis wrote to the ZBA last March. "Accordingly, the entire [facility] will blend in with the existing character of the property and will have a minimal impact on existing viewsheds and the neighborhood as a whole."
Building Inspector Cheryl Noble denied the initial application for permits on four grounds, including:
o Because Wireless facilities are not allowed in an open-space district;
o The tower will exceed the maximum height allowance of 60 feet;
o The structure will be placed 46 feet from the end of the cemetery property line, in violation of 85 foot side setback requirements;
o and because the fenced screening for the equipment cabinets will be a chain link fence, not a solid wooden fence as required.
According to Sameer Parakkavetty, a radio frequency engineer with T-Mobile, his reviews have shown that the wireless provider's coverage in the area is insufficient to meet customers' needs.
The engineer further argues in documents that the St. Patrick's Cemetery site is the only suitable location to fix that gap in coverage, especially in the Elm Street, Broadway, and High Street areas.
That contention is pivotal to T-Mobile's case, as the 1996 federal Telecommunication's Act prohibits municipalities from blocking the placement of cell antennas - even in areas where such devices aren't permitted by zoning - when a "significant gap" in coverage exists.
"Without a wireless transmission facility, located at or near this location, a significant area of inadequate, unreliable coverage would remain in T-Mobile's wireless network, especially in Stoneham," Parakkavetty concludes.
Although cities and towns must permit the installation of wireless devices to plug gaps in coverage, municipalities' can legally reject such applications if they can prove that another adequate alternative for the structure exists.
Notably, T-Mobile made a similar "significant gap" contention in the spring of 2003 during a bid to place a wireless facility on the Villa Grande condo complex on Franklin Street, not far from Stoneham High School.
During those ZBA proceedings, Solomon riddled holes in the wireless providers' argument, proving that several alternate and reasonable locations, in areas zoned for such arrays, could solve the coverage issues.
T-Mobile ultimately lost a legal challenge of the ZBA's subsequent denial.
Subscribe and get Home Delivery of The Independent
Save 36% off the newstand price — that's like 18 FREE issues!