Court Rules For Verizon In 6-Year Battle Over Peabody Cell Tower

PEABODY, MA — Verizon Wireless can move ahead with construction of a 60-foot cell tower on Lynn Street after a Massachusetts Supreme Judicial Court ruling ended its six-year fight with the city of Peabody.

In a ruling, the state's highest court said Verzion had exhausted all other options and alternatives to the site. "We think the limitation has been reached on Verizon's obligation to 'keep searching regardless of prior efforts to find locations, or costs, or resources spent,'" the ruling said.

The decision affirmed the Massachusetts Land Court's ruling last year that Peabody had to issue permits for the tower on the property owned by Michael's Limousine Co. at 161 Lynn Street. City leaders, including Mayor Ted Bettencourt, had backed neighbors in their fight against the tower.

"Concluding that Verizon met its high burden of showing, as a matter of law, that the proposed facility is the only feasible option for filling the gaps in the coverage network, and thus the denial of Verizon's special permit application constituted an effective prohibition on personal wireless services in violation of the Federal Telecommunications Act, we affirm (the previous ruling)," the ruling said.

More Peabody Patch Coverage: Quick Study: The Peabody Cell Phone Tower Debate

Verizon argued the tower is needed to fill in coverage gaps as it and other wireless companies switch over to 5G networks. Verizon would lease a portion of the Michael's Limousine property to build the tower, which would fill the coverage gaps and give customers faster downloads over the high-speed networks.

Peabody City Council denied applications for the tower dating back to 2014. The SJCfound that continued negotiations with the Peabody Municipal Light Plant on alternatives and other locations would prove futile based on the inability to come to an agreement over such a long period of time.

Federal law places limits on the authority of municipalities to block the installation of structures like the cell phone tower because they provide vital communications services. That law was the basis for the Land Court's March 27 ruling.

Scott Souza is a Patch Field Editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.