Court appeal dropped against Union

By Beth A. Birmingham | Jan 21, 2014
Photo by: Beth A. Birmingham

Union — A group that has been at the center of a dispute over the approval of a cell tower has dropped its appeal in district court, according to a Jan. 16 letter to town attorney Roger Therriault from the Union Committee for Protective Ordinances.

"We are doing this ourselves, having dismissed our lawyer," states the letter written by committee member Susan Hamill. The committee had been being represented by Attorney Jed Davis of Augusta.

"We just wanted to let you know, so that you don't have to spend anymore time or effort on this," states the letter.

The committee — comprised of nine Union residents — filed an appeal against the town and the planning board in Knox County Superior Court Dec. 2 claiming it approved an application for a cell tower despite the project's violation of town laws.

The project, approved in July, is to construct a 90-foot wireless telecommunications tower at 48 Mt. Pleasant Road, owned by Glenn Burgess. The company entering into the lease agreement with Burgess is Bay Communications II LLC.

The zoning board of appeals denied an appeal of the decision by the plaintiff's in October.

For a project to be completed and maintained, Bay Communications had to receive board approval under the town's wireless telecommunications ordinance, and all telecommunications facilities must comply with the land use ordinance and provisions of the site plan review ordinance.

The group claimed under the town's wireless telecommunications facility ordinance, organizations seeking approval for a plan must meet with the code enforcement officer before submitting the plan to the planning board. The suit claimed the application went before the board prior to a meeting with Code Enforcement Officer Barry Norris.

"Nobody wants this in their backyard, however Bay Communications met all the requirements according to the planning board and appeals board," said Town Manager Jay Feyler upon receipt of the letter Jan. 21. "Such requirements that were voted in by the citizens of Union," he added.

Courier Publications reporter Beth A. Birmingham can be reached at 594-4401 ext. 125 or via email at bbirmingham@courierpublicationsllc.com.

Comments (1)
Posted by: Martha Johnston-Nash | Jan 22, 2014 06:06

I think that was a prudent decision, and as a citizen and taxpayer in Union thank the committee for being reasonable and responsible about this.

Now can that sign come down please?



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Staff Profile

Beth Birmingham
Staff Reporter
594-4401 ext. 125
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Beth rejoined Courier Publications' news staff in February 2013. She previously worked at The Courier-Gazette from 1981 to 1990.

Her coverage area includes Warren, Union, Friendship, Waldoboro, Washington, and Thomaston and RSU40.

Beth has a passion for photography, and a degree from the University of Maine at Augusta, in affiliation with the Maine Photographic Workshop in Rockport.

Aside from photography, Beth enjoys running and walks along the waterfront, as well as other outdoor activities. She has a daughter, Claire, who is 14.

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