YORK, Maine — York Heights neighborhood residents are taking their appeal of a recently approved cellular facility to the superior court.
Janet Drew of Avon Avenue and Linda Molda of Camden Avenue have been fighting the installation of six-panel antennas by AT&T on top of a nearby water tower at 5 Roots Rock Road since the project first went before the town Planning Board last year. They unsuccessfully appealed the project’s approval with the town Board of Appeals in the spring. Now, they are appealing that decision in York County Superior Court.
"The decision of the York zoning board of appeals on May 8th 2024, did not follow Maine law, its own ordinances, and was otherwise arbitrary, capricious and did not abide by the law and facts," states the lawsuit.
Town Manager Peter Joseph told the Selectboard Monday the town would file a response to the court action, which was against the town but challenged the Board of Appeals decision.
Residents like Drew and Molda, who opposed the project, have said they are concerned about the proximity of the cellular facility to nearby homes. Drew told the Planning Board in December to “stop this” project and that she “didn’t need that much radiation” coming to her property.
In April, Drew and Molda targeted various aspects of the proposal from AT&T before the Appeals Board. She argued that while AT&T demonstrated where coverage gaps existed, they did not show why Roots Rock Road was the place for their facility to go.
“I’m opposing (the Planning Board’s) decision to approve a massive 5G wireless communications facility at 5 Roots Rock Road,” Drew said, reading from her appeal to the board. “I’ve put the description there because it isn’t just antennas.”
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Drew challenged whether homes were the required 65 feet away from the project. She told the Board of Appeals that she and Molda measured and determined the facility would be considered closer than that limit.
“They bypass the steps. They bypass the deck. All of that is residential structure,” Drew said. “It’s way too close.”
While the project excluded the need for a tower, Drew said the project was still inappropriate for a residential area. She said the town’s comprehensive plan lists goals that include maintaining the character of the community and protecting property values.
“It’s a consistent theme,” Drew said. “Clearly, our legislative intent is to protect our flavor and our families.”
Board of Appeals members disagreed with the assertion AT&T failed to provide adequate data. They voted unanimously to deny the appeals, saying AT&T met the requirements of the town’s wireless communications ordinance.
“They tried, and they looked at other areas,” Board of Appeals member Kenneth Churchill said. “But this was the most, I don’t want to say convenient, but it works the best for what the needs are.”
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The project was approved in December and would boost cell service by adding antennas to an existing structure, which is encouraged by town ordinance.
Residents who opposed the project said they were concerned about property values, as well as the health effects of exposure to radiofrequency waves. Town boards cannot reject facilities based on frequencies if they are within FCC requirements, and Planning Board members said they doubted the project would impact home values.
Representatives from AT&T say the installation will solve York’s lack of coverage without obstructing the landscape with a new tower. The antenna will also have a film to make it appear to blend in with the sky when seen from the ground.
Cellular service has been contentious in York over the years. While there is a need for additional coverage, some residents have expressed concerns about their health and property values.
Joseph said the town’s IT manager, Alex Gagnon, has been working on bringing small cell devices that extend coverage to different parts of town to improve service in York. He said they have been used recently at Short Sands Beach, where service has improved.
“The idea would be to move something like that all throughout the low service areas of town where there are no cell phone towers,” Joseph said. He said a contract for small cell devices would be in front of the Selectboard at a future meeting.
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