The Boothbay Board of Appeals has decided that the application to build a cell tower in East Boothbay is incomplete and has requested more information before the case can be heard. 

For several months, the prospect that a 120-foot cell tower could potentially be constructed on an Ocean Point property has sparked controversy with some East Boothbay residents. Cell towers are prohibited in Boothbay's residential districts.

Mariner Tower, a Kennebunkport-based telecommunications company, has applied for a variance to prove that there is a need to extend wireless coverage for AT&T and Cingular services in Boothbay.

Although there was a large turnout at the Boothbay Town Office on October 29, the discussion stayed between the appeals board and the legal parties involved, to iron out the procedural guidelines.

Before the case can be heard by the board of appeals, John Springer, the attorney representing Mariner Tower needs to provide additional details about the proposed project. The appeals board said it wants more information on the size and scope of the project, including total property area, coverage boundaries, the height of surrounding vegetation, and guidelines stipulated by the Federal Communications Commission.

Attorney Sally Daggett, who represents the town of Boothbay, was present at the meeting.

“This isn't just a matter of the Boothbay zoning ordinance, it is also the interplay between the Boothbay zoning ordinance and the Federal Telecommunications Act,” Daggett said. “If you say no to this tower, and there isn't evidence in the record that shows that you're justified in saying no to the tower, then I can pretty much guarantee that the applicant will be going to federal court.”

Across Maine and the nation, small towns have become increasingly entangled with federal laws that can often trump local ordinances. According to Daggett, within the statutes of the Telecommunications Act of 1996, there is wording that allows a telecommunications company to build a cell tower if they can show a substantive need for the tower, which is often based on very technical details.

Daggett recommended the board conduct an independent peer review to get professional input on the proposed cell tower. With a peer review, the town of Boothbay would be better equipped to handle the case, Daggett said.

“I would like to know more about the federal telecommunications act because I don't want this board to stumble and then have it go directly to federal court, and cost the town more money,” said Steve Malcom, vice chairman of the appeals board.

Springer agreed to provide the additional information requested by the appeals board, while a peer review is considered by the town.

The board will reconvene on November 19 at 7 p.m. at the Boothbay Town Office to review the resubmitted application for a variance.