Subject: [NEXTEL-1] P'town grants Nextel permit- The company must still get a federal court to waive the town's technology bylaw.

From: Marcel <[email-masked]>
Date: Wed, 11 Dec 2002 18:37:26 -0500

P'town grants Nextel permit- The company must still get a federal court to waive the
town's technology bylaw.

By EMILY C. DOOLEY
STAFF WRITER
PROVINCETOWN - The cupola in the house under construction at
232-236R Bradford St. may soon hide a secret.

It will not only be a cupola but will
also camouflage a six-panel wireless
antenna setup courtesy of Nextel
Communications.

Planning board members last night
approved a special permit allowing
the communications giant to install
the technology. But it came with
conditions and some court delays.

The town's wireless technology
bylaw requires towers and other
facilities to be set back at least 500
feet from residential buildings.
Neighbors will be much closer than
that, so the planning board said the
permit can only be granted if Nextel
receives a waiver from the rule

A court case is already pending
because the zoning board of appeals
denied the waiver in October. In
response, Nextel took its case to federal court, filing a lawsuit Oct.
24 challenging the legitimacy of the bylaw.

Under the 1996 Telecommunications Act, towns may regulate
wireless technology but not prohibit it. The town has only about five
sites where the 500-foot rule would be satisfied, so Nextel claims the
law virtually excludes the company from operating in town.

A U.S. District Court judge could uphold or void the bylaw and
approve the special permit, without regard to local rules or concerns.

Planning board members took that possibility under advisement.

"We looked at what was proposed and what were all the benefits
versus the potential down the road, which is put up a tower,"
planning board chairwoman Anne Howard said. "A lattice tower just
doesn't fit in our quaint fishing village."

The project is on hold until a federal decision is issued.

"They voted to nullify the bylaw that they are sworn to uphold,"
attorney Christopher Snow said. "It's beyond me. It's very
disquieting."

Snow, who represents neighbors near the site, was not pleased with
how the meeting room was arranged. Sitting at the table with the
planning board was Nextel project specialist John Lawless.

Residents have complained that the applicants, under local and
federal laws, receive more attention and time at the microphone than
opponents.

"They let Nextel sit right at the table now," Snow said. "Another
member of the board."

http://www.capecodonline.com/cctimes/pzxtowncompany11.htm

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