Marblehead residents sue over proposed antennas on tower

MARBLEHEAD – Several Marblehead residents upset about the town’s decision to allow a wireless communications company to install antennas on top of a town-owned water tower have filed suit in Salem Superior Court in an effort to reverse the decision.Plaintiffs living in the Village Street area near a town-owned water tower located at 25 Tower Way, known as the “Locus,” are upset with the town’s decision to allow the Metro PCS wireless company to install six wireless communication antennas, one GMS and one GPS antenna on top of the tower, which is in a residential zone.The group of six residents are suing the Water and Sewer Commission, Planning Board and Metro PCS company in an effort to get the decision reversed claiming the special permit violates several bylaws, zoning regulations and public safety regulations and is in “excess of the authority of the Planning Board.”The group alleges prior agreements made between the town and other wireless companies, specifically T-Mobile, between 2005 and 2007 were also done illegally and without special permit.According to the suit, there are presently 12 antennas visible on top of the water tower, all of which were built after being issued improper special building permits and without a public hearing for neighbors and abutters.In addition, the suit claims that the town had knowledge of the new agreement with Metro PCS that will bring even more clutter to the top of that tower and failed to acknowledge that fact when approving the installation of other antennas.The suit alleges that Metro PCS will be renting the land without having to pay taxes, and that Metro PCS’ application provides only vague details into the need for installing the antennas.”There are no details,” the suit reads. “Only unverified and unsubstantiated conclusions.”According to residents, the town Planning Board’s decision to allow Metro PCS to install antennas on top of the water tower ignores sections of bylaws referencing environmental noise and control, and fails to comply with setback requirements for ground level equipment boxes.”The environmental controls section of the Marblehead Zoning Bylaws provides that ‘No use shall be permitted in any district which would be offensive because of ? objectionable features hazardous to the community on account of fire explosion or any other cause,'” the suit reads. “The environmental controls and environmental control laws are not even mentioned in the Planning Board decision.”The 17-page list of alleged violations details a multitude of vague and inconsistent decisions made by the Marblehead Planning Board, including allowing Metro PCS to install “panel antennas” instead of the required freestanding monopole antennas as is required in the special permit.The group, made up of residents Barbara Karademos, Jeannette Byors, Clare Finan, Rachel Gerny, Richard Hardwick and David Smith is asking that the court reverse the special permit and cover all attorney and court fees accumulated by the plaintiffs.