EagleTribune.com, North Andover, MA

New Hampshire

November 24, 2009

No antennas for Atkinson tower

ATKINSON — Months of discussion between the town and T-Mobile led to the selectmen voting unanimously last night against allowing the company to install three antennas on the Hog Hill tower.

Selectman Bill Bennett was the only member of the three-person board at the meeting to comment on the proposal to add three flush-mounted antennas to the 160-foot tower. Bennett said he was concerned that after months of waiting, the tower's owner, SBA Tower II, didn't provide the board with answers to several technical questions until late last week.

Selectman Bill Friel said he reviewed court documents, minutes from three recent public hearings, and other documents from the proposal's long history before making his decision.

Bennett said he wondered what kind of neighbor SBA Tower II would be to residents of that area.

"I'm concerned what the proposed changes would have on abutters," Bennett said.

Residents have expressed their opposition during the public hearings and said they were concerned this could lead to other companies wanting to add to the tower.

Neighbors were notified of last night's meeting but were not allowed to speak.

Resident Sanford Carter, who also is a member of the town's zoning board, said he was pleased with the ruling.

"We feel that the spirit and intent of the original stipulation was upheld by the selectmen's decision," Carter said.

Court documents more than 20 years old note what equipment was supposed to be on the tower and how the owner was required to make changes.

Attorney Steven Grill, who represented SBA Tower II at the three recent public hearings, said he would review the town's decision and any options they have to appeal the decision. He wouldn't comment further.

"There's not much more to be said at this point," Grill said.

Similar proposals for the tower have been presented since 2006.

The three antennas are expected to improve T-Mobile's cell phone service in Atkinson, primarily near Route 121.

The latest is almost identical to the one denied a special exception by the Zoning Board of Adjustment in March 2007.

SBA Tower II challenged the decision by filing a lawsuit in U.S. District Court in September 2007, but a federal judge ruled a year later that it was up to the selectmen to decide the case. The zoning board issued its decision when the 50-year-old tower was owned by Mariner Tower.

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