Friday, March 19, 2004
Court expected to approve Carlisle's first cell tower
A decision is expected to be filed soon by the United States District Court, granting AT&T Wireless the right to construct a 189-foot cell tower on the Anderegg property at 871 Bedford Road.
This decision was part of a litigation settlement, for which an Agreement for Judgment was recently signed. According to Carlisle Planning Board Administrator George Mansfield, seven long-running lawsuits relating to wireless facility construction in Carlisle were merged by the court into one lawsuit, and the resulting decision has been agreed to by all the parties involved. A copy of the settlement is on file with the Town Clerk.
The draft decision by the court stipulates that if for any reason the wireless facility cannot be built on the Anderegg land, then the tower is to be built on the property of David and Donna Duren at 662 Bedford Road. Originally, the Durens' neighbors, the Woodwards, had applied with the Andereggs to build a cell tower on the border between their land. The settlement document states that, "the Woodward owners have determined not to lease the Woodward lot for wireless communication purposes at this time."
One public meeting
The Planning Board will hold one public meeting on this issue, within 30 days of the date when the Court issues its Formal Judgment.
Due to the court decision, no further permits are required from the Planning Board for the project to proceed. However, after the public discussion, the board does have the opportunity to draw up a list of conditions for the project. The board cannot demand any major changes, such as lowering the tower height, changing the location or style of the tower. Mansfield thought the board might request that an outside engineer review the plans. The court will make the final decision if AT&T disagrees with any of the conditions set by the Planning Board.
Several months ago the Board of Selectmen created a subcommittee to study the placement of cell towers on town-owned land. The subcommittee has met twice to date, and is considering the recommendations of the Planning Board's wireless consultant, as well as the information resulting from the litigation settlement. More details will follow in a later issue.
© 2004 The