BOSTON — Can you hear me now?
The answer could soon be “yes” in Peabody.
A Land Court judge has cleared the way for Verizon Wireless to build a cell tower in the city.
In her ruling Friday, Judge Jennifer Roberts sided with the telecommunications giant. After more than four years and six proposed alternate sites that were rejected, the city’s denial of a permit prohibits the utility from providing cell service and violates the federal Telecommunications Act of 1996, the associate justice wrote in her 16-page decision. Verizon has maintained that the tower would fix coverage gaps in the region.
Roberts ordered the City Council to grant a special permit or any other permit and “take all necessary actions to remove any further impediments to the construction of a proposed cell tower” at 161 Lynn St., the site of Michael’s Limousine Co.
But Mayor Edward A. Bettencourt Jr. said he is not giving up.
“This legal battle is far from over,” he said. “I am proud of the five-year fight we have put forth to protect our South Peabody residential neighborhoods against a $1 billion corporate giant and their army of lawyers. The proposed cell tower would be a detriment to the neighborhood, and we as the city are committed to continuing this important fight.”
The city has one month to appeal the ruling. An executive session of the City Council, out of public view, is scheduled for April 18 for the panel to decide on how to proceed, the mayor said.
The fight began in 2014, when Verizon sought permission to construct a 60-foot tower behind Michael’s Limousine. The City Council rejected that proposal, saying a tower does not belong in the middle of a residential neighborhood. Verizon then filed the first of two lawsuits.
In an effort to reach a compromise, the city and Verizon agreed on a new site at the rear of the Coolidge Avenue Water Treatment Plant.
While that location for a 120-foot tower on public land was approved by the council in 2014, the municipal election the following year changed the membership of the panel. The new board rejected that spot as well. Verizon then filed its second lawsuit.
Under federal law, municipalities must approve towers if a provider can demonstrate a gap in coverage. Verizon and the city agree there’s a service gap in South Peabody, but the consensus ends there.
City Solicitor Michael Smerczynski said the mayor and the City Council, especially Ward 1 Councilor Jon Turco and Ward 2 Councilor Peter McGinn, have never wavered in their commitment to protect the integrity of the city’s residential neighborhoods.
David Weissmann, a Verizon spokesman, said the decision speaks for itself and declined further comment.
