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Appeals court hears challenge to ZBA approval for cell tower; standing and procedural objections central
Summary
Pro se appellant Dwayne Galbi argued he had standing and that the ZBA's process included 23D defects and errors on distance and tree-height evidence; Verizon argued the appellant lacked particularized harm and the land court's factual findings were not clearly erroneous.
The panel considered challenges to a Wayland Zoning Board of Appeals decision approving a cell-tower proposal. Appellant Dwayne Galbi (pro se) argued he had standing because the variance allowed a use prohibited in his residential neighborhood and because he supplied evidence (a certified plot plan and expert testimony from the applicant's own witness) showing the tower site lay within protected proximity and would extend at least 10 feet above the tree canopy.
Galbi told the court he relied on case lines holding that when zoning prohibits a use in a residential area, a grant of a use variance in the immediate neighborhood can…
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