Updated May 20, 4:30 pm
The AT&T temporary cell phone antenna is up and running on Chappaquiddick. However, if Chappy residents Robert and Dana Strayton have their way in court, the tower will come down.
The Straytons filed a complaint in Land Court against the Edgartown planning board and AT&T shortly after the planning board unanimously approved a special permit for the project on April 19.
A Land Court judge set a status conference — a pretrial meeting of attorneys — for Thursday, May 19, in Boston.
However, on Wednesday, May 18, Land Court Judge Robert Foster summarily dismissed the Strayton’s case against the Edgartown Planning Board and AT&T, writing in his 10 page opinion, “Because Strayton has not at this time produced sufficient evidence that the Planning Board erred in granting A T&T’s special permit application, Strayton has not demonstrated a likelihood of success on the merits that the Planning Board’s decision was arbitrary, capricious, or an abuse of discretion.”
Judge Foster wrote that Mr. Strayton had not proven the tower would cause “irreparable harm” to his property value. He also noted that an 85 foot tower was already in place on the lot owned by Robert Fynbo, before the Straytons bought their property at 307 Chappaquiddick Road. The judge concluded that the new antenna was in the clearly best interest in the public good. “Chappaquiddick lacks seamless wireless coverage, let alone any wireless coverage. This gap affects residents, tourists, businesses and emergency responders alike. This is not only a personal or commercial interest, but a public health, safety and security interest.”
Numerous public officials and residents had spoken in favor of the antenna at two public hearings at the Martha’s Vineyard Commission (MVC) in April. The police and fire departments, both of which use AT&T cell phone service, said the improved signal was crucial for public safety on the remote island.
The Straytons were vocal opponents of the tower at the second MVC public hearing. “I’m highly opposed; I don’t want to look at it, and I don’t want to see it looming over my backyard,” Ms. Strayton said. “I understand the need, but it’s a disgrace to put it in our neighborhood. There are issues about health. I don’t want my children playing under a tower. You don’t want those rays going through our population.” Ms. Stayton said that the tower should be placed on public land, such as the Chappy Community Center. She also questioned if the tower would indeed be temporary.
Mr. Strayton voiced a wide range of objections. He argued that contrary to the prevailing wisdom of the project’s supporters, the increased cell signal would have an adverse effect on public safety. “People who know they have a cell phone signal will engage in more risky behavior,” he said.
The Straytons moved to Chappy after purchasing their property a little over a year ago.
The temporary antenna is 104 feet tall and 24 inches in diameter, supported by three guy wires, and surrounded by a six-foot fence. It sits on a half-acre, nonconforming residential lot at 14 Sampson Avenue owned by Bob Fynbo, owner of Chappaquiddick Wireless Internet Service Provider (Chappy WISP). Mr. Fynbo already has an 85-foot antenna on his property, which he installed 34 years ago for Chappy WISP.
Edgartown Fire Department Captain Peter Wells told The Times on Wednesday that ambulance crews have already benefited from the improved signal, citing a Sunday-night call they responded to at Wasque, which had been one of many dead spots on the island.
“I empathize with [the Straytons] feeling put-upon,” he said. “It must be tough to fight against the majority. It’s nice that in this country, people can go to court and appeal a decision, and not have to be super-wealthy to do it. At the same time, this antenna is a very good thing.”
