Group wants review of tower decision

OTISFIELD — The group contesting the planning board's findings of fact regarding the construction of a 180-foot high cell tower on Scribner Hill have again requested the appeals board remand the application to the planning board for further review, selectmen reported at their December 5 meeting.

The request was submitted November 29, said Chairman Hal Ferguson. 

According to the reconsideration request, the Friends of Scribner Hill are asking the appeals board to remand the cell tower application back to the planning board for further review under all applicable ordinances, including the town's site plan review and its Telecommunications Facility Siting Ordinance. 

The Friends of Scribner Hill, according to their request, claim "The Appeals Board misinterpreted the [telecommunications] ordinance and followed improper procedures." 

On November 15, the appeals board turned down an appeal from the Friends of Scribner Hill after nearly three hours of testimony at the Otisfield Community Hall, claiming the planning board's findings were not contrary to any specific provisions of the town's Telecommunications Siting Facility Ordinance. 

The 13-page ordinance was approved in 1999 and includes everything from application requirements to whether the project has any adverse affect on scenic/historic resources, landscaping, setbacks and more.  

However, the appellants have consistently claimed the planning board's approval of the cell tower permit nearly a year ago failed to meet some criteria of the ordinance and abutters within 1,000 feet of the site were not properly notified that the application from U.S. Cellular had been accepted. 

The appellants also claim that the appeals board "failed to consider any of the evidence the Friends of Scribner Hill presented at the Appeals Board hearing," including "a large amount of evidence ... to back up their arguments" based on the town's ordinances, their definitions, the comprehensive plan and the intent of the voters when they approved them. 

"We know we have to look at our ordinances," said Selectman Rick Micklon during last Wednesday's meeting. 

"You don't know how good or bad a cell tower ordinance is until you have a cell tower application," he said.

"I mean, how many of us read that cell tower ordinance verbatim? We didn't, because it was almost a moot point ... Now, I can't tell you how many times I've read it." 

In addition, the proposed cell facility "is visible and obtrusive when viewed from Heniger Park," the appellants claim.

The planning board, however, found that according to the telecommunications ordinance, the proposed facility would have no unreasonable adverse visual impact upon designated resources. 

It also affirms that Heniger Park is not a designated scenic resource, as it is not listed as such in either the comprehensive plan or by a state or federal agency. 

Since the planning board's approval of the permit for U.S. Cellular, the Friends of Scribner Hill have filed four appeals – three with the appeals board and one with the Oxford County Superior Court in Paris. 

According to reports, the three appeals filed by the Friends of Scribner Hill with the appeals board have been denied.

The testimony and results of the appeals board hearing will now be turned over to Justice Robert Clifford to decide whether the action against the town and U.S. Cellular by The Friends of Scribner Hill has merit, selectmen said.

In addition, it is up to the appeals board to either approve or deny the reconsideration request at its next meeting, December 13 at 5:30 p.m. at the town office. 

If the reconsideration is approved, Micklon said the Friends of Scribner Hill and the appeals board will convene for another hearing on the proposed cell tower.