BELCHERTOWN - A special permit for a cellular telephone tower off Franklin Street was denied by the Planning Board Tuesday, with some members citing concerns about work on the property surrounding the access road to the site.

Donald Cody, vice president of acquisition and development for Industrial Tower and Wireless, of Marshfield, said after the public hearing that the company might file suit against the board to try to overturn the decision. "The board overstepped its authority," Cody said.

The company sought to place a 150-foot cell tower at 110 Franklin St., about 1,100 feet from the road on a 3.5-acre parcel for which it has a purchase agreement with Stephen Fellers. Fellers has run a gravel and rock removal operation on the hillside for several years, ostensibly to level the area and use it for farm pasture.

Industrial's plan for the access road to the hilltop reflects the surrounding land, owned by Fellers, being returned to its original state. If the grading of the land was not changed to the contours called for in the plan, it could affect the storm water runoff and drainage on the site, said board member Daniel Beaudette.

"I can't guess what the water's going to do. This is a fundamental issue that might affect the project," he said.

James Natle, board chairman, said work by Fellers on the grading is not controlled by the tower company. Fellers "has been dragging his feet on reclaiming the property," Natle said.

Board member George Synan said he is not sure the Planning Board has the authority to deny a permit based on conditions outside the project itself. "I guess I see it as an independent project," Synan said.

Cody said storm water management permits, which judge the impact of changes to runoff on neighboring properties from construction projects, are issued by the town's Department of Public Works and are not in the arena of the Planning Board. The board could condition the permit on the grading work by Feller being completed but the board did not consider that move.

Residents of nearby Mallard Estates argued against the tower, focusing on its aesthetics.

Suzanne Avery asked that a balloon test be repeated after leaves fall from the trees so the tower's visual impact could be better judged. The town's tower bylaw requires towers to be as visually unobtrusive as possible.

"We are simply asking the Planning Board to require ITW to disguise the monopole as a silo or a water tower," she said.

Maria Runnels, who works for Fellers, said Mallard Estates is about a quarter mile from the pole site. "They're trying to say they're right on the back door of Mr. Fellers' property and they're not," Runnels said.

Cody said a silo or water tower would be much more obtrusive and a pine tree disguise is not effective. "It does not look like a real tree," he said. "Cell towers are very common. They're like telephone poles."

Louis Faassen, board member, said the aesthetics argument was not compelling. The appearance is a matter of opinion, he said.

Faassen and Synan voted to grant the special permit with Natle, Beaudette and Christopher Laurenzo voting against.

According to Cody, the company does not sign up wireless companies until after they are ready to erect a tower. They deal with all the major carriers, he said.

Steve Hill can be reached at shill@gazettenet.com.