OPINION: ZBA Turns to Keegan for Different Deal

A massive company convinces the United States there should be a law that will let the mega-company crush resistance at the local level because the company’s overall plan will help the whole country and therefore must override town local laws.

This is what the Dedham Zoning Board of Appeals faced when T-Mobile asked to put on top of a private building housing AliMed on High Street. To do that, T-Mobile needs permission from the Zoning Board of Appeals.

When it came to render a decision, ZBA members took the .

This is not the final decision.

All ZBA decisions can be appealed to the state’s courts. ZBA is a sort of extension of the court and keeps the courthouses from getting bogged down in relatively small cases.

Maybe it will not be such a small case after all. At least it shows reasonable local resistance to a mighty, blind and non-communicative law: the 1996 Federal Communications Commission regulation, which is drawn by commission experts after Congress approved the law. In other words this is 20-year-old language written by non-elected officials. Should the courts question whether two-decades-old law on technology that changes by the hour can overrule local considerations?

Possibly.

In fact, that argument might never see its way into the Dedham briefs as it goes to court.

But it does deserve attention. Laws last decades, but their enabling rules and regulations need frequent updating. Those regulations are changed, of course, but it can be done in such a way as to ignore congressmen and constituents and respond to companies.

But in Dedham, there is a more immediate objective. It wants to keep the question local, if possible.

Here in Dedham, ZBA chairman James McGrail suggested that Dedham Town Administrator William Keegan should sit down with T-Mobile and neighbors of the cell tower and find a compromise.

Marvelous idea for McGrail to support and for Keegan to undertake: bringing the issue to local authority and try for a local answer.

With Keegan the two sides will have to decide lots of items. One that was not discussed in the ZBA hearings was the question of who is getting poor service now. No one could be expected to go to an open hearing, complain about the service in the area and risk the anger of the neighbors, who have serious worries about cancer, nearness to a public school and other problems.

Are there neighbors who are saying nothing for fear of being branded as bad neighbors?

Cannot tell yet; may never learn, because these talks have to be private to succeed.

A meeting like this, with the town administrator and private parties, does not have to be open to the public like board meetings.

That gives the talks a chance at finding a true compromise.

If the case goes to the court, it may well favor T-Mobile. Or it could be delayed until T-Mobile and AT&T decide whether to merge.

Either way, meetings with Keegan could give all parties a way to get at least some of the relief they seek.

McGrail and Keegan are not playing heroes; they are looking for workability in a nearly impossible situation.

Both merit praise for seeking an unorthodox solution.