A Longmeadow Road property owner is suing the town of Scarborough over its plans to build a cell phone tower in the Springbrook subdivision, located off Broad Turn Road.

Peter and Carol Yerxa, who purchased a lot in the subdivision in 1996, feel the town’s decision violates the recreation only usage that is deeded on the town-owed property.

The property was given to the town by developer John Gamage, who also is named in the suit, in 1991 with seven deed restrictions, one of which specified the property would be used by the town and public for recreational purposes only.

The Yerxas purchased their lot in 1996 and at that time the parcel, which is referred to as Springbrook Common, was marked on the subdivision plan as dedicated open space.

According to William Kany, the attorney representing the Yerxas, the couple was told the area would remain as open space and marked that way in maps and plans that were distributed with marketing material.

“It certainly was reasonable for everyone buying lots there to expect this would be a nice place for adults and kids to play,” Kany said.

Last fall the Town Council approved the construction of a 90-foot cell phone tower on the property that would resemble a flagpole.

US Cellular would build the tower and the town would own it. US Cellular would rent space on the tower, which would improve cell service in the area. But the main purpose for the tower is to assist the town’s fire and police departments with communications in that area of town, where at times communication has been difficult.

Prior to the council’s approval, Gamage executed a release deed on the property, releasing it from the deed restrictions and allowing the project to move forward, according to court documents.

The Yerxas claim the tower is not a recreational use and thereby should not be allowed in the park. In addition, they claim if the tower is built, then their property could be devalued.

Town Manager Ron Owens said the town has met with the Yerxas to discuss the issue and have tried to work on the antenna’s placement and color, but to no avail.

Plans for the tower are now completed, but construction has not begun, pending the outcome of the suit.

Owens expects a fairly quick resolution since it is a narrow issue with the main question being if the town is restricted in the same way as other property owners in the subdivision.

US Cellular has built flagpole antennas at the Pleasant Hill and Black Point fire stations, which have improved communication in the Higgins Beach and Prouts Neck areas.