Presented with the choice to reconsider the cell tower decision, the Boothbay Board of Appeals upheld its original position to deny a variance to Mariner Tower.

On March 4, the appeals board entertained a request by Mariner Tower to reconsider opening up the cell tower case. The board deliberated at the Boothbay Town Office and voted unanimously to deny the request and not hear any new evidence or public comment.

However, a debate ensued concerning the findings of facts.

Appeals Board Vice Chairman Steve Malcom said he was concerned that some of the language in the board's decision conflicted with the Federal Telecommunications Act of 1996. He recommended consulting with the town's attorney Sally Daggett to see whether the facts should be amended to strengthen the board's decision, should the case get appealed to a higher level court.

Appeals board member Scott Adams said the board should adhere to the absolute conditions of the town's zoning ordinances, and that accepting any facts outside of what was presented before the board is irrelevant to its decision.

“I think to even suggest that we go beyond the borders that our ordinance has long held us to, because there might be a court case, is an insult to the people of this town and the people that put us in this authority,” Adams said. “If this is going to be decided in court, let it.”

Malcom contended that clarifying the language in the board’s decision and acknowledging the telecommunications act would only strengthen the argument.

“I just want to make sure this particular case, we've done everything we can so that if they decide to appeal it, and if it goes to court, we have made the right findings of fact so they can't chew holes in it,” Malcom said.

By the end of the meeting, the board voted 3-1 with Adams opposing, to allow Daggett to amend the findings of fact to include a reference to a court case, and address the fact that just because Verizon already provides service to the region, doesn't factor into the board's basis to deny the Mariner Tower a variance. Additionally the appeals board voted 4-0 to deny a request for reconsideration.

As of press time it was unclear whether a federal lawsuit will be brought against the town of Boothbay by Mariner Tower.