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Green Mountain Corp. v. Leonard

United States District Court, District of Massachusetts

August 29, 2014

GREEN MOUNTAIN REALTY CORP.
v.
JOHN S. LEONARD et al.

JUDGMENT

RYA W. ZOBEL UNITED STATES DISTRICT JUDGE

Plaintiff Green Mountain Realty Corp. (“GMR”) seeks to build a personal wireless communications facility (“PCWF”) on an unzoned, undeveloped, triangular plot of land owned by the Commonwealth of Massachusetts, but located within the confines of the Town of Milton (“the Site”). It is approximately 2, 700 square feet in area and is located between I-93 South and the on-ramp at Exit 3.

This court previously found that T-Mobile U.S. continues to have a significant coverage gap in the area in issue and that the Site is the only feasible location the construct a new PCWF to fill the gap. Based on the credible evidence presented by plaintiff pertaining to the minimum height of the PCWF necessary to remedy the effective prohibition of wireless services, I find that height to be 120 feet.

Accordingly, it is ORDERED, 1. The decisions of the Town of Milton Board of Adjustment (“BOA”) and the Town of Milton Conservation Commission (“MCC”) rejecting plaintiff’s proposed PCWF are vacated.

2. GMR shall submit revised plans for proposed 120 foot PWCF at the Site to the Town. Within thirty (30) days of the submission of the revised plans for the proposed PWCF, the BOA shall issue a Special Permit to allow for the construction of the PWCF at the Site, as well as any other approvals, variances, and/or permits necessary to allow for the construction of the PWCF proposed by GMR. In acting upon said revised plans, the BOA shall not issue further notices, conduct further meetings, hold hearings, or hear any further comment or testimony on this matter.

3. Within thirty (30) days of the submission of the revised plans for the proposed PWCF, the MCC shall issue GMR a Wetlands Permit to allow for the construction of the PWCF proposed by GMR, as well as any other approvals and/or permits necessary to allow for the construction of the proposed PWCF. In acting upon said revised plans, the MCC shall not issue further notices, conduct further meetings, hold hearings, or hear any further comment or testimony on this matter.

4. This court orders the Town of Milton to issue all permits, variances, or approvals necessary for the construction of the PWCF proposed by GMR for the Site.

5. All permits, variances, or approvals issued by the BOA, MCC, or the Town hereunder regarding the proposed PWCF at the Site shall be at a maximum height of 120 feet with full antenna arrays on the PWCF.


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