The Boothbay Board of Appeals met on November 19 to accept an application for a variance to build a cell tower in East Boothbay. The first public hearing has been scheduled for January 28.

Between now and January, the appeals board will hire an independent peer review to gather more details on the proposed cell tower.

For several months some East Boothbay residents have questioned whether Mariner Tower, based out of Kennebunk, has the legal grounds to erect a 120-foot cell tower at the corner of Route 96 and Van Horn Road on Ocean Point.

The tower is supposed to expand coverage of Cingular and AT&T wireless service on the peninsula, however, cell towers are currently prohibited in Boothbay residential districts, where the proposed cell tower would go.

Small towns in Maine and across the country have struggled to impose local zoning codes because cell towers often come protected under the Federal Telecommunications Act. If an attorney representing a telecommunication company can can prove there is a substantive need to expand coverage, more times than not, federal law trumps the local ordinances.

The board of appeals will hold the first public hearing on January 28 at the Boothbay Town Office.