Ashland drops legal fight vs. cell companies

Officials this week dropped lawsuits against two cell companies, leaving AT&T and T-Mobile free to add antennas on three cell towers in town. “It wasn’t going to be a good use of town funds to continue fighting this,” said Randy Gruber, chairman of the Zoning Board of Appeals. The ZBA on Monday voted to abandon litigation against the companies, who want to modify towers on Albert Ray Drive, Tower Road and Cedar Street. Gruber said a law that Congress passed last month changed the board’s mind. The new federal law “made it very clear that the wireless companies can add to existing towers,” Gruber said. The law is an addendum to the federal tax cut extension signed by President Barack Obama on Feb. 22. It amends the Telecommunications Act of 1996, giving cell companies more freedom to modify cell towers without local consent. “It strips away a lot of our potential case against it,” Gruber said. Gruber said neighbors have 20 days to appeal the town’s decision. Negotiations with the cell companies span nearly a year to date. More than 50 residents have objected to new equipment on the towers because of noise, health and safety concerns. The ZBA in October denied the companies permission to add antennas, but the companies appealed. Paul Gustavson, who lives near the Albert Ray Drive tower, is one of the most vocal opponents of new antennas, which Gruber said will provide broadband service. Gustavson said this week that the town “caved” and should have fought harder. He also said he was frustrated the ZBA made the decision to drop litigation in a closed-door session. “Before this vote was taken, the public should have had a chance to hear their discussions leading up to that vote,” he said. Gruber confirmed that the negotiations were conducted in private to protect their litigation strategies. Monday’s vote to drop the lawsuits was public, he said. The Zoning Board of Appeals has invited residents to its April 2 meeting to discuss the decision.