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Cohasset Select Board delays discussion on Wheelwright Park cell tower after residents raise legal concerns
Summary
Residents and Open Space and Recreation Committee members urged the Select Board to abandon a proposed monopole tower in Wheelwright Park, citing a trust restriction and Article 97; the board entered executive session to consider counsel's opinion and postponed further action pending legal advice.
The Cohasset Select Board said it will pause consideration of a proposed monopole cell tower in Wheelwright Park after several residents and members of the town's Open Space and Recreation Committee raised legal and policy concerns during public comment on June 9.
Residents and committee members told the board the park land is held under a trust or subject to Article 97 restrictions that, they said, require the land to remain as parkland unless an Attorney General proceeding permits a change. Fred Zotos questioned whether the original transfer violated trust terms and whether the state Attorney General had issued any ruling allowing the town to override those restrictions. Ginny LeClair, chair of the Open Space and Recreation Committee, reiterated that a citizen's petition passed at Town Meeting asked the town to pursue alternative locations and said the committee believes Article 97 prevents the town from unilaterally relieving the restriction.
Speakers also urged the board to consider smaller "small cell" technologies already in use elsewhere in Cohasset and neighboring towns, arguing that such options make a large monopole unnecessary. Jennifer Chu cited costly litigation in Quincy over the Woodward School property as a cautionary example and asked the board to avoid similar legal exposure. Connie Afshar, speaking on behalf of the Open Space and Recreation Committee, said she hoped for a resolution that protects the environment and noted that alternative small-cell deployments are functioning in nearby areas.
Following public comment, the board voted 5-0 to enter executive session under M.G.L. c.30A, Sec. 21(a)(7) to consider whether to waive attorney-client privilege and to review counsel's opinion on the Wheelwright Park cell tower matter. The motion to enter executive session was made by Select Member Gregory Watts and seconded by Select Member William Ashton.
After returning from executive session at 7:56 PM, the board announced it would delay further discussion of Wheelwright Park until it receives additional information from legal counsel. No formal vote on the tower or on releasing counsel's opinion was recorded in open session before adjournment. The meeting adjourned at 8:01 PM after a 5-0 vote to adjourn.
The board did not set a date for further consideration and provided no timeline for when legal guidance would be available.
