A lawsuit Chappaquiddick resident Robert Strayton filed to force the removal of a temporary wireless antenna AT&T erected on Sampson Avenue did not get a good reception in Massachusetts Land Court.
In a 10-page decision issued Wednesday, May 18, in favor of AT&T and Edgartown officials, the Honorable Robert Foster stated that the new antenna was clearly in the public interest: “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.”
Mr. Strayton filed suit against the the Edgartown Planning Board and AT&T on May 6 seeking a temporary restraining order, preliminary injunction, and permanent injunction to “cease and desist all construction and operation” of the 104-foot antenna, which was already operational.
In his decision, Judge Foster summarily rejected all of Mr. Strayton’s arguments. “Strayton has not at this time produced sufficient evidence that the Planning Board erred in granting AT&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. The first most significant prong of the preliminary injunction analysis, therefore, favors denying the motion for preliminary injunction.”
Mr. Strayton argued that alternative sites had not been thoroughly explored. Dana Strayton, Mr. Strayton’s spouse, made the argument repeatedly at the second public hearing at the Martha’s Vineyard Commission (MVC) on April 14.
Judge Foster disagreed. “The primary basis for annulling the special permit that is raised in Strayton’s complaint is the allegation that AT&T failed to submit any analysis of alternative sites for the [antenna] to the Planning Board and the Planning Board failed to make the requisite findings regarding the alternative sites,” he said. “At this point in the proceedings, the court is not in a position to find that the alternatives analysis was so deficient as to make the Planning Board’s reliance upon it unreasonable, arbitrary, and capricious.”
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. The Straytons are abutters to abutters of Mr. Fynbo.
Judge Foster also rejected Mr. Strayton’s claims that the tower would cause “irreparable harm” to his property value, noting that an 85-foot tower was already in place on the lot owned by Mr. Fynbo before the Straytons bought their property at 307 Chappaquiddick Road.
Numerous public officials and residents spoke in favor of the antenna at two public hearings at the 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.
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.”
