<p>A Superior Court judge has dismissed a long-running legal challenge to a 115-foot cell tower on Chappaquiddick, upholding the Martha’s Vineyard Commission’s 2017 approval of the project.</p>
A Superior Court judge has dismissed a long-running legal challenge to a 115-foot cell tower on Chappaquiddick, upholding the Martha’s Vineyard Commission’s 2017 approval of the project.
In a 36-page ruling issued Monday, the Hon. Paul D. Wilson dismissed an appeal of the commission’s decision brought by nearby landowners Dana and Robert Strayton, saying among other things that the commission was well within its jurisdiction to approve the tower, despite the Straytons' claims that it adversely impacted their views, safety and property value.
The Martha’s Vineyard Commission, along with landowner Robert Fynbo and AT&T, were the defendants in the case.
The town’s push to construct a cell tower on Chappaquiddick — a remote island with unreliable cell service — dates back at least ten years. After two failed bids earlier in the decade and years of protracted debate about communication systems on the island, AT&T decided to construct a 104-foot temporary tower on defendant Robert Fynbo’s property at 14 Sampson avenue in 2016. The company analyzed more permanent solutions the next year, and decided to build a 115-foot tower on the same small parcel, which was approved by the commission in 2017. A special permit was issued by the Edgartown planning board in 2018.
The Straytons, who live approximately 200 feet from the property, opposed the project vociferously at public hearings and in written testimony. They appealed both permitting decisions.
During the Superior Court trial, which occurred in-person in late October of 2020 and included site visits to Chappaquiddick, Ms. Strayton testified that the tower location, as well as visibility and potential danger, were not adequately weighed in the commission’s decision, and that alternative locations were not thoroughly vetted.
Town officials, including fire chief Alex Schaeffer and IT manager Adam Darack, also testified at the trial.
In his decision, Judge Wilson wrote that despite the relative density of homes in the area, the tower provided the most thorough option for cell coverage on the island. He also said that the Straytons failed to prove that the tower was visible enough to adversely affect them.
“I agree with the MVC that the Sampson avenue site was appropriate,” Judge Wilson wrote. “The facts I have found, based on evidence at the trial, provide no basis to overturn the MVC decision.”
An appeal to a decision from the Edgartown zoning board of appeals regarding the legality of a pre-existing 84-foot tower on Mr. Fynbo’s property is still pending in state Land Court, as is a separate appeal to the Edgartown planning board’s 2018 decision on the new tower.
The current tower was built in 2019 and has provided cell service to Chappaquiddick residents for the past two years.

Comments
Now that the property is a
fact checker mvyNow that the property is a commercial income producing enterprise, has the real estate assessment been increased to reflect its value as a commercial property? Since we have to look at this thing, can you rent some space to Verizon since their service is very poor in downtown? Also I have seen many cell towers off-island that have fake branches on them to disguise the tower. Its not an unreasonable request and the planning board should have required it.
To fact checker, I have seen
Lorraine EdgartownTo fact checker, I have seen the towers with the "fake branches" on them and whereas they are not perfect and a forest dweller would know the difference from quite a distance, they are certainly a solution. Modern times call for modern communications we can all count on, eggs and omelets.
“Modern times call for modern
Slater MV“Modern times call for modern communications we can all count on”
Yes God forbid you couldn’t place that trade, or text your bff, or check Facebook. And emergencies happen, how ever do they handle them in places that don’t have cell service? I can’t imagine how we ever survived without being electronically attached 24-7. People have become so soft and entitled. If you need 24 hour cell service; maybe Chappy isn’t for you.
Since when is "Chappaquiddick
Jane Chittick "Mainland" EdgartownSince when is "Chappaquiddick — a remote island", except maybe after huge storms? Just wondering........
it’s understandable why an
Local MVYit’s understandable why an abutter has an issue of having to see a cell tower in a location they invested in seeing just Chappy’s natural beauty. however, things change and there have never been more people on and around Chappy on the water and beaches making the poor cell service a safety issue. While Chappy is certainly not a remote island it would certainly feel extremely remote in an emergency out on East Beach with no cell service to request help. That being written, it certainly would be within the island’s character for the tower owner to make more of an effort to mitigate the sight lines for the abutter.
Agree w/ Slater. If you don't
ECS Ft Lauderdale / EdgartownAgree w/ Slater. If you don't like what Chappy offered in the good old days, don't live there. I 'you' are 'soft' find a place that does 'soft'.
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