Lincolnville faces cell tower lawsuit

Posted Feb. 06, 2009, at 10:29 p.m.

LINCOLNVILLE, Maine — The controversial plan to build a 190-foot-tall cell phone tower below Bald Rock Mountain lives on.

The Florida-based telecommunications company SBA Towers II LLC, last week filed a suit in U.S. District Court in Bangor against Lincolnville and its planning board.

The company is appealing the planning board’s 2006 decision to deny construction of the tower because it would adversely affect the scenic views from the mountaintop. The town’s ordinance requires that cell phone towers not affect views from several key areas, including Bald Rock.

The civil complaint against the town states, “The Ordinance lacks sufficient standards to determine whether the proposed facility would impact scenic views.”

The complaint alleges that the Lincolnville Planning Board has an “unconstitutional delegation” of power.

Earlier in January, SBA filed with the Maine Supreme Judicial Court an appeal of a Waldo County Superior Court decision in December supporting the planning board’s right to rule on matters such as the construction of a cell phone tower.

The first application to build the tower was filed in 2005. It would have been constructed on a site more than 1,000 feet west of Route 1 near the Camden-Lincolnville town line, and on land leased from James Monroe of Rockport.

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