Gardner ZBA Seeks Solicitor's Opinion on Cell Tower Fall Zone, Delays Vote

GARDNER -- June 16, 2026, Gardner's Zoning Board of Appeals continued a cell tower application to July and referred the case to the city solicitor after a dispute over whether an aging fall zone ordinance bars a proposed 128-foot monopole at the Walmart site. Chair Ray LaFountain, with all five members present, said the board could not act on the application without a legal opinion on two questions: whether the applicant's engineered zero-foot fall zone satisfies the ordinance's requirement that a radius equal to the tower height be clear of businesses, roads, dwellings, and recreation areas, and whether any deviation requires a formal variance. Kimley Horn project representative Shehzad Mahmood, appearing on behalf of SBA Communications, argued that the 130-foot radius stays within a wooded area and a Walmart parking lot that does not qualify as a habitable or recreational space under the code. Chris Lawson of Valmont Industries, the tower's manufacturer, presented engineering data showing the 128-foot slip-fit monopole is designed to buckle at a specific internal failure point rather than topple, withstanding design winds of 118 miles per hour. The board directed LaFountain to write to the solicitor the following day and waived the extension fee for the continuance; the applicant was advised to consult city staff about filing a protective variance application before the July 10 deadline to avoid a further delay into August.