Mariner Tower has applied for a new variance to build a cell tower on Ocean Point Road to expand AT&T wireless services.

In March, the Boothbay Board of Appeals rejected Mariner Tower's plans to build a 120-foot cell tower at 839 Ocean Point Road in East Boothbay. After the appeals board ruled that the local ordinances prohibit cell towers in a special residential zone, Mariner Tower subsequently filed a federal lawsuit against the town of Boothbay.

But while the lawsuit is pending, Mariner Tower has leased another parcel, owned by Lucy Spaulding, located on an abutting parcel, that sits directly south of the originally intended tower site.

Mariner Tower has indicated that they will hold the lawsuit until the new application can be decided at a new hearing by the board of appeals, according to Boothbay Town Manager Jim Chaousis.

“Based on (Mariner Tower's) own private business decisions they’ve decided to pursue this other property .... If they can get that approved, they may or may not sue the town, but that is all speculation,” Chaousis said. “Obviously, if that doesn't go their way, they will amend their lawsuit and add both of decisions to their lawsuit.”

Springer Law Office, which represents Mariner Tower, submitted the new application on April 8. The application includes an affidavit by radio frequency expert Ernesto Chua, who studied wireless coverage throughout the region.

According to Chua, AT&T is actively building its advanced wireless network to provide service in Maine.

“In order to meet its goal of providing reliable, seamless and uninterrupted service, AT&T must continue to acquire interest in property for additional facilities ... in order to eliminate gaps in reliable service coverage,” Chau wrote. “Any delay at this point in time severely curtails AT&T's ability to achieve a market position that will allow it to compete for customers, which is in the public interest.”

The variance application will be heard by the board of appeals on May 27 at 7 p.m. at the Boothbay Town Office.