Subject: [NEXTEL-1] US judge orders town to allow tower

From: Marcel <[email-masked]>
Date: Wed, 15 Jan 2003 16:29:16 -0500

WAYLAND

US judge orders town to allow tower

A federal judge has ordered the town to issue a cell tower permit to Nextel
Communications, a wireless company that has tried unsuccessfully to address
coverage gaps in Wayland for several years. The official order from US District
Judge Robert E. Keeton follows his decision in November to grant the company a
motion for summary judgment. Keeton wrote that Wayland has shown ''hostility''
toward the company's efforts to install cell towers. In siding with Nextel, Keeton
found that the town violated provisions of the federal Telecommunications Act of
1996, which limits the powers of municipalities to regulate the construction of
cellular structures by wireless companies. ''While we continue to be disappointed
with the outcome of this case, we are pleased that the judge agreed to include a
number of our suggested conditions in the final order,'' Selectman Brian O'Herlihy
said in a statement. The company filed the suit in federal court last year after
Wayland's Zoning Board of Appeals voted in January to deny Nextel's application
to install cellular antennae atop a 97-foot Boston Edison Electric Co. transmission
tower on Boston Post Road. Keeton's order means the Zoning Board of Appeals
has to issue a variance and site plan approval for the company's tower proposal.
O'Herlihy said the Board of Appeals plans to address the court order at its meeting
tomorrow. He said the selectmen have not decided whether they will file an appeal
to the judge's ruling.

http://www.boston.com/dailyglobe2/013/metro/Construction_progress_to_be_addressed+.shtml

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