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MANCHESTER: Tower voted down Residents reject settlement deal
By BETTY ADAMS
Staff Writer
Kennebec Journal & Morning Sentinel 01/30/2008

MANCHESTER -- Voters rejected a compromise proposal Tuesday night that would have resulted in a 130-foot cellular communications tower off Western Avenue's Pelton Hill, just over the Augusta line.

Residents voted 61 to 42 against a settlement agreement that would have ended a federal lawsuit brought against the town by MCF Communications Inc.

Shortly after the vote, residents agreed by a show of hands to adopt a moratorium on accepting new cell tower construction applications while the Planning Board reviews the town's cell tower ordinance.

MCF sued the town in July in federal and state courts after the Planning Board denied it a permit to build a 150-foot cell tower at the Pelton Hill site.

The town's ordinance limits cell towers to 100 feet or 10 feet above the surrounding tree canopy. Among other claims, MCF said the town ordinance violated the Telecommunications Act of 1996 by preventing full telecommunications coverage in the area.

Residents at a special town meeting Tuesday voted on an "consent judgment" worked out between town and MCF attorneys.

MCF attorney John Osborn showed photos from various locations in Manchester and Augusta with the 130-foot crane placed near the proposed site of the tower and simulations of what MCF said the actual tower would look like.

The compromise called for a monopole "stealth" tower with internally mounted antennae, painted a camouflage color and landscaped. It would have been built in the woods on property leased from Paul Wade, a veterinarian who operates The Cat Hospital and the Cat's Inn.

Part of the settlement offered the town up to $15,000 toward legal costs.

MCF has maintained the new antenna would improve cell phone coverage along the U.S. Route 202 corridor, where many of the town's businesses are located.

Stephen Langsdorf, the attorney representing Manchester, said accepting or rejecting the compromise carried risks. He said the town's ordinance is restrictive, but he had arguments to support it.

Prior to the vote, Terri Watson, chairwoman of the selectmen, told residents to reject the compromise in an exercise of local control.

"I urge you not to give away the store," she said.

Residents were divided in their opinions. Several praised or decried various cell phone carriers and coverage when they spoke.

"I do have a problem second-guessing the Planning Board when they've made a decision," Joe Kozak said, adding: "I'm a cell phone user and I've had zero to four bars (at various times) during this meeting."

Terrence Traudt said improved cell phone coverage would attract more business along the U.S. Route 202 corridor and west.

Allen Hewey, who is also the Manchester fire chief, said he was in favor of improving cell phone coverage.

Leeanne Hewey, his wife, said better cell phone coverage would have meant emergency responders could have been called sooner when their son had a bad snowmobile accident several years ago.

Tom Bartol opposed the compromise. "Someone with a lot of money is trying to change our rules," he said.

Doug Ide said the tower would spoil the entrance to Manchester.

"It's a bad location," he said. "It's at the gateway to our town."

Betty Adams -- 621-5631

badams@centralmaine.com

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