About 20 frustrated Charlottetown residents were at city hall Monday night, looking for help to stop construction of a cell tower in their neighbourhood, but there's not a lot the politicians can do.

'We looked at a legal appeal and our solicitor advised us that we had a very weak case." — Coun. Kim Devine

Bulldozers and dump trucks were busy at dusk preparing a field off Mount Edward Road. The field will be the new home of a Rogers cellphone tower, and the start of work came as a surprise to everyone.

Planning committee chair Kim Devine said no building permit had been issued.

"If it does require a permit, they will have to come in to get the permit. Otherwise we'll have to give consideration to a stop-work order," said Devine.

But forcing a permit would only be a delaying tactic. While the residents and council were surprised Monday, they knew it was coming eventually.

Residents have been fighting the 47-metre tower for two years, and convinced council to reject the application by Rogers to build it. But Rogers appealed to Industry Canada, and council's decision was thrown out.

Out of options

The tower is being built a few hundred metres behind Catherine Mullally's home on Mount Edward Road. She wants council to keep fighting.

"We hope that they will appeal Industry Canada's ruling and protect the health of their citizens," said Mullally.

But Devine said the city is pretty much out of options.

"We looked at a legal appeal and our solicitor advised us that we had a very weak case," she said.

"At a committee of the whole, we agreed that we are not going to go down that road."

Former provincial health minister Chester Gillan, who lives in the area of the new cellphone tower, was among the residents at Monday night's council meeting.

"Many of the towers in the Charlottetown area are on rooftops. This one is in a depressed valley area, and the beams and the rays are going to be penetrating at house level," he said.

Residents are now considering organizing a citywide boycott of all Rogers products or services in the hope that will make the company change its mind about the tower.