In a move that surprised and frustrated abutters of the John J. McCarthy Senior Center who had been expecting a yes or no vote on T-Mobile's proposal to install a cell phone tower on the building, the Board of Appeals voted on December 8 to honor a request from T-Mobile to withdraw its petition.

The cell phone provider's request to put a Wireless Communications Facility (WCF) inside the building's flagpole had come under fire in recent months from community members concerned about modifying a historic site and abutters concerned about the proposed tower's effect on the property values of their homes. The building, located at 30 Converse Street, was once the Warren School, and is listed in the National Register of Historic Places.

The board allowed the company to withdraw its request "without prejudice," which means that T-Mobile can reapply at any time. And some residents say they won't sleep easy because the issue was not put to bed with a vote.

Angie Sciarappa, of 30 Stedman Street, said she and her community members were deprived the chance to provide information that would have caused the board to vote against the proposal and even help with future cases.

 "We're not looking for a withdrawal without prejudice," she said. "You say you didn't give [T-Mobile] a victory, but that doesn't help us sleep at night and more than anything, as residents trying to help you find the facts you were looking for, that we were dismissed."

Request Made Hours Before Meeting

Chairman Michael Pierce told a room of concerned community members that he had received an email from T-Mobile's attorney, Jackie Slaga, requesting a withdrawal a few hours before the start of the meeting.

He said he and Slaga had corresponded earlier in the day about the fact that the board would probably not grant another continuance on the issue.

"In the discussion she indicated she would not have time to adequately answer the questions raised in the past by some of the people opposing this, so she thought it was best to make this request."

The request made is a "withdrawal without prejudice," which means that T-Mobile can reapply at any time.

Board member Brian Falvey suggested the board still take a yes or no vote on the proposal. If the board voted no, T-Mobile could not apply for two years, although it could have grounds for appeal.

"It wouldn't be the worst thing if they do reapply, but it would be nice not to have to trouble everyone who put in a good fight here to have kind of a victory, and go home and be able to sleep again for two years rather than wondering every time they check their mailbox if there's another notice," he said. " I would like to take a vote on the matter and not honor the withdrawal, but I also know that would fly in the face how [the Board of Appeals] operates."

Board Voted 3-1 To Allow Withdrawal

However, after little further discussion, the board voted 3-1 to allow the cell company's withdrawal. Charles Tarbell, James McBain, and Michael Piece voted in favor of the withdrawal, with Falvey opposing.

The vote surprised the crowd, who had come prepared with documents, posters and pages of information to present to the board.

Chairman Pierce said the board is wary of Federal Communications Commission laws that protect cell phone providers against towns who deny cell phone towers on unfounded grounds.

"Basically it makes it very easy for cell phone companies to go to federal court and win every time," he said. "What I don't like is the fact that you go away and feel dismissed, because you're not."

Pierce added that if Sciarappa or anyone else was upset with how the issue or process was handled, they could take it up with the Board of Selectmen.

McBain said that if the company wants to refile, it will have to prepare its whole case over, and the residents already had a leg up because they had done all the research.

"You guys have already got your notebooks together, and I think it's politically charged enough that I don't think it's coming back, all right?" he said. "So sleep at night."