REPORT: T-Mobile Wins Lawsuit vs. Wilmington Board Of Appeals, Town Must Issue Permit For Cell Tower

WILMINGTON, MA — According to an article in Law360, a federal judge recently ruled that the Wilmington Zoning Board of Appeals violated federal laws when it denied T-Mobile Northeast LLC and Eco-Site Inc. a permit to build a local cell tower at 4 Waltham Street.

The judge has ordered the Town of Wilmington to issue a permit within 30 days of her ruling.

The companies had requested a variance from Wilmington’s zoning bylaws to build a 120-foot cell tower to cover a 2.1 mileage gap in town effecting residences and commercial buildings. They argued that their proposal was “the only feasible fix.”

According to the minutes of the Board’s January 17, 2017 meeting, the Board of Appeals unanimously denied the variances and special permit because they felt the proposed cell tower would be too close to the lot line, railroad tracks, abutting property, and a residential zone.

Then ZBA member Ed Loud and Anthony Barletta felt the proposal was unsafe and created an unnecessary safety hazard; Thomas Siracusa did not feel the project benefited the town; and Jacquelyn Santini believed the project was not in the best interest of the town or the abutting residents.

Several abutters spoke out against the project at the January 2017 meeting. Peter Reinhart didn’t see the need for the tower. Paul Logan didn’t have a tree line to screen the tower from his view. Barbara Fitzgerald was concerned about anymore excavating or building on the site. Paul Kneeland also submitted a memo stating his opposition.

“This court need not and does not make a determination as to whether the variance denial (and the denial) is supported by substantial evidence because the denial nevertheless effectively prohibits wireless service in violation of the Telecommunications Act,” wrote U.S. Magistrate Judge Marianne B. Bowler in her ruling.

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