A company that develops cell towers has filed a federal lawsuit against the town of Waldoboro, claiming the denial of a variance is effectively prohibiting wireless service.
Blue Sky Towers IV, LLC filed its complaint Sept. 11 in the U.S. District Court of Portland. The company is asking the court to conduct an expedited review of the case.
The company proposed erecting a 194-foot tall tower at 2734 Friendship Road.
The town, however, has an ordinance that restricts cell towers to within 300 yards of Route 1. Blue Sky, however, argues that this does not allow for full coverage in the community. The Friendship Road property is 5 miles from Route 1.
The company contends that there are service inadequacies for Verizon in and around the southern part of Waldoboro and this tower is needed to fill in that gap. The denial is in violation of federal telecommunication laws, according to the lawsuit.
Blue Sky sought a variance from the Planning Board on March 4. The town concluded that the issue should be heard by the Board of Appeals. The Board of Appeals denied the variance request on Aug. 20.
Owls Head is also facing a cell tower issue.
Nearly 120 residents in that town turned out Aug. 24 and narrowly rejected an ordinance change to allow a second cell tower to be erected in the town.
A lawyer representing Tower Co. told Owls Head residents before the vote that options if a rejection occurred would be to drop the proposal, come back with a revised plan, or take legal action.
This story appears through a media partnership with Midcoast Villager.