Boothbay residents may be voting on a new cell tower ordinance in November. Planning Board chairman Fran McBrearty presented a new telecommunications ordinance on July 24 for the selectmen’s review.

The planning board drafted the new ordinance in response to the failure of the current ordinance to keep a cell tower out of East Boothbay. The town’s current zoning ordinance prohibits such towers in residential and special residential zones.

But that didn’t stop Mariner Tower II, a Kennebunkport telecommunications consulting firm, from successfully reaching an agreement with town officials to construct a cell tower in East Boothbay last year.

Mariner Tower II threatened to file a lawsuit, and claimed the town’s ordinance violated the 1996 U.S. Telecommunications Act. Faced with certain defeat in federal court, the selectmen reached a consent agreement with Mariner Tower II.

The proposed telecommunication’s ordinance is less restrictive than the current one, according to McBrearty. The proposed ordinance is 18 pages long and modeled “99 percent” after the state’s cell tower ordinance. McBrearty believes the proposed ordinance’s flexibility is better positioned to meet the town’s needs.

“It gives us a lot of protection that the current one doesn’t,” McBrearty said. “There is more criteria for the company to follow, so it puts us in a better negotiating position. This allows us greater say on where towers are ultimately placed.”

But Selectman Steve Lewis wasn’t convinced. He believed the federal law still dictates future cell tower placements. 

The proposed ordinance limits tower height in specific locations to 120 feet. Lewis countered that if a company needed a 140-foot tower, like the one being constructed in East Boothbay, then the federal law would trump the ordinance.

“I’m not opposed at having a workable ordinance. But I don’t want to see us in the same boat as last time. And I think this ordinance does just that,” Lewis said.

Selectman Chuck Cunningham disagreed. He believed the current ordinance was too short in language and this proposal was better suited to the town’s needs.

“The mess was caused because the ordinance prohibited cell towers in that area,” Cunningham said. “This one has better language and lists specific criteria. So I think it gives us more protection than you think.”

McBrearty expects to hold two public hearing in the first two weeks of August. The final draft is expected to be approved by the selectmen by mid-September. The selectmen must approve the final draft’s language 45 days prior to voter approval. Town officials want to place the proposal on the November referendum ballot.

Campbell reappointed EMA director

In other action, the Boothbay selectmen unanimously approved rejoining the Regional Emergency Management Association with Boothbay Harbor and Southport. All three select boards agreed to the interlocal agreement to re-form the regional partnership after a one-year hiatus. The three towns agreed to appoint Southport resident Scott Campbell as the director.

Campbell previously served as director prior to the regional agency’s dissolution.

“I’m not looking to make a career of this,” Campbell told the Boothbay selectmen last week. “But I’m ready to dive back into it again.”

The regional agency is also looking for someone to assist Campbell. The director’s duties mostly deal with filing out disaster assistance paperwork, so the members receive state and federal funds.

The selectmen also planning to repair Beath Road in August. The board hired Harry S. Crooker & Sons of Topsham to begin work in August. The Boothbay Public Works Department will begin grinding the road on July 27. Town Manager Dan Bryer said Beath Road will be closed periodically during the paving and repairing.

The selectmen will meet next at 7 p.m. on Wednesday, Aug. 12 in the municipal room.