Olson v. Town of Yarmouth
Annotate this CaseThe Supreme Judicial Court affirmed the judgment of the superior court affirming the Town of Yarmouth Planning Board’s approval of a site plan application by Verizon Wireless to install wireless communication equipment on a tower and site owned by the Yarmouth Water District, holding that the Board did not err by concluding that Verizon’s application complied with the relevant provisions of Yarmouth’s Zoning Ordinance. Contrary to Appellants’ contentions on appeal, the Supreme Court held (1) the Yarmouth Water District site was not subject to a presumption of unsuitability because the relevant article of the Ordinance applies only to new-tower-construction applicants; and (2) substantial evidence in the record supported the Board’s findings that Verizon presented sufficient evidence that it investigated other technically feasible sites and that none was available.
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