MetroPCS is expanding and is applying for a building permit to begin construction on its wireless facility at the Trinitarian Congregational Church, despite an appeal alleging the installation is in violation of North Andover's Zoning Bylaws.  MetroCS is allowed to begin work at its own risk, however, should the appeal be upheld, the company would have to take down everything it has built on the site.

MetroPCS’  Vice President and GM for the Greater Boston area, Bruce Martin, said the company would go forward with construction because it’s confident the appeal will be dismissed.

The appeal states the Planning Board’s decision to issue MetroPCS a wireless special permit establishes illegal spot zoning. They say neither MetroPCS’ application nor the decision of the Planning Board complies with the town’s Zoning Bylaw requirements.  Those appealing the special permit for the wireless facility installation assert that the town’s zoning bylaw prohibits any wireless facility from being installed within 600 feet of a property used for residential or educational purposes. The church falls within this setback.

The town’s building inspector has interpreted the language of the bylaw differently and the Planning Board is making its decision as to whether the facility met the zoning requirement.

According to Town Planner Judy Tymon and Building Inspector Gerald Brown, the installation is legal. However, the plaintiffs in the appeal — Thea Fournier, Lizetta Fennessy, Aaron Pertus, Dagmar Schnellinger and Lauretta Wentworth — say it is not.

The decision is now up to the state Superior Court.

The attorney for the plaintiffs, Ed Collins of Wayland, has not yet heard of a court date for the appeal, and said there are a number of things that can happen. “The other side has a chance to answer,” said Collins. “It’ll take a little bit of time. The case has been filed. But there’s not a date.”

Asked why the company would proceed with construction knowing it may have to undo it all, Martin said, “Under these circumstances, we believe that we owe it to the congregants of the Trinitarian Congregational Church and the inhabitants of North Andover not to permit a baseless lawsuit to delay our commitment to the church and our provision of wireless service to the citizens.”