When the Boothbay Board of Appeals rejected a cell tower from being built three weeks ago, Boothbay residents realized it probably wouldn't be the last time they would hear about it.

John Springer, the lawyer representing Mariner Tower, submitted a request for reconsideration on February 7. Springer cited numerous errors that were made by the appeals board in the denial of a variance to build a 120-foot tower at 839 Ocean Point Road.

Springer claimed the board's decision is a violation of the Federal Telecommunications Act of 1996. In his letter Springer wrote, “The TCA expressly provides that a local land use board shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services.”

Springer contested that the board should have not denied AT&T services just because another carrier, Verizon, already provides coverage to the area.

In its decision, the appeals board felt that Mariner Tower did not explore all the alternative sites or technologies, and based on testimony from Ocean Point abutters, granting a variance for the tower would alter the “essential character of the locality.” But Springer maintains the proposed tower, that is 120 feet tall and made to look like a pine tree, will have low impact to the surrounding area and “provide low visibility throughout the town.”

The appeals board will be asked reconsider its decision on March 4. Sally Daggett, the legal consultant for the town of Boothbay, informed the board of the procedures and options available.

According to Daggett, if the case is reconsidered, the board may vote to keep the original decision as is, modify the decision with the same result, vote to accept new evidence or reach an entirely new decision.

If the board upholds its decision in denying the variance, Mariner Tower can in turn sue the town of Boothbay in a federal district court.

Springer has not indicated whether he will pursue the case in federal court if the decision is upheld, but it would not be the first time Springer has bought a federal lawsuit against a Maine town. According to a 2011 court case, Mariner Tower vs. the Town of Topsham, the town residents prevailed and a cell tower was never erected.

But in the meantime, Boothbay town officials are keeping a close watch on the cell tower saga. If the board of appeals upholds its decision, a federal lawsuit could get very expensive for both sides involved.