Hearing on tower continued to August

By Jonathan Cook
Turley Publications Reporter

STURBRIDGE -The lawyer for cell phone tower applicant MetroPCS brought compromise to the table of the Zoning Board of Appeals (ZBA) last week. The result was a recess until Wednesday, Aug. 18 and a one-month extension of the ZBA’s deadline to decide.
More time was sought by the ZBA to get responses from staff, more radio frequency data from MetroPCS, and because abutters asked the company to explore alternative sites.
ZBA Chairman Adam Gaudette pointed out that, since the original deadline stood at July 29, MetroPCS could deny an extension.
In the spirit of compromise, Art Kreiger, MetroPCS’s attorney, granted the board until Aug. 31, but asked for an oral decision before the Planning Board Hearing on Aug. 24.
He also quoted the Federal Telecommunications Act of 1996, and said that it trumps local zoning.
“Where Congress drew the line (on zoning) is in two places,” he said. “One is effective prohibition of service and the other is unreasonable discrimination against one carrier.” He argued that, if the board were to say no to the tower, federal law would disagree. He added that the courts, “all the way up to the Supreme Court” have defined the terms.
“I think to deny the ability to fill this gap (in the company’s network) would not only be effective prohibition, it would also be unreasonable discrimination,” Kreiger said.
Other carriers have been installed on the State Police tower, but MetroPCS was denied a place there, causing them to seek a new tower location to cover Routes 84 and 20 in their network. A lease negotiation was begun with selectmen to site the tower on Public Works property.
Among the dozen residents of Sturbridge Hills Condominiums, who turned out to reiterate their opposition to a 130-foot tower next door to them, was Ted Heywood.
Heywood took issue with Kreiger’s interpretation of the Telecommunications Act. He said, “there is no discrimination amongst providers” should the ZBA vote no. “Extensive service exists in town from multiple providers,” he added. “All service providers have lack of coverage in whatever it is they put up. It’s inherent in what they do.”
During the extension, the board asked Kreiger to request reconsideration from the State Police to locate on their tower. While Kreiger said it was unreasonable to ask a third time, he agreed to pursue it when the board offered a letter of support from Sen. Stephen Brewer (D-Barre.) Should MetroPCS be allowed to locate there, the company acknowledged that they would not need a tower.
The attorney also agreed to bring the tower’s height down. “Could we live with 120 (feet)? We could. Could we live with 115? Probably,” he said. Although he noted the shorter the tower, the fewer companies can locate on it. On the other hand, the higher the tower, the less chance there will be a need for another tower sometime in the future, he said.
Radio Frequency Engineer Mark Hutchins, who reported as the town’s consultant, said that due to the lack of coverage on major routes for MetroPCS, it would have made sense for them to request and get a tower taller than 130 feet.