Acting State Supreme Court Justice John Ward has ruled against a plan by Cellular One-Sygnet to build a 180-foot telecommunications tower in the Town of Kiantone.
In a ruling handed down last Thursday, Ward said a decision by the Kiantone Zoning Board of Appeals to grant the application had "no rational basis."
The judge said the cellular phone company would have had to show "compelling reasons" why the Donelson Road site was more feasible than other options, including an option to co-locate on an existing Frontier Cellular tower.
Ward called transcripts of the recorded public hearings and Zoning Board meetings "revealing." He said a number of valid concerns and questions from citizens never were addressed by either the board or Cellular One.
Ward also said the transcripts find that the tower would have a "more than minimal" intrusion on the neighborhood, including an ultralight airfield nearby. He also said information supplied by the company was inconsistent.
The suit was brought by neighbors Daniel and Lori Farrell and Joel and Rebecca Anderson, who object to the tower after the board approved the plans last December.
Just last week, the Kiantone Town Board approved a six-month extension of a moratorium on telecommunications tower applications, giving the town additional time to draft a local law that would regulate towers.