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    I have tried many different so called 'cell phone directories' and this is by far the best one! The company appealed to Federal Court, alleging a violation of the Telecommunications Act and that the tower, at the requested height in the requested location, was necessary to provide an acceptable level of service in the Town of Greenfield. In a rather stinging, page opinion, Judge McAuliffe found that the ZBA's decision on each of the five elements was erroneous as a matter of law.

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    After emphasizing that it was not the court's function to reweigh the evidence presented, the Court states, "Rather, the fundamental problem with the ZBA's decision in this case is that it fails to put the correct evidence on the proper scale in the first instance. The issue of personal wireless service facilities is a difficult one, and will occur in many municipalities.

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    Often, the tower structures are unpopular with residents who find that they interfere with a view. They are, however, given special protection under federal laws, and this case highlights that the companies will not hesitate to invoke their federal remedies if they feel that the local land use board has failed to recognize and honor those special protections.

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    If ZBA members are unfamiliar with the technology of cell phone towers, or the special requirements of the federal telecommunications act, we strongly suggest that they consult with the municipal attorney before hearing the case to assure that any hearings meet these special requirements, and that their decision is more defensible if challenged in court. Skip to main content.

    Town of Greenfield.