Looks like OP will get a cell tower

From last night's Board of Selectmen meeting (check last paragraph for the vote.

"4. New Business:

a. Consider resolution of pending litigation, Mariner Tower II, LLC vs. Town
of Boothbay, pursuant to the terms of a proposed consent order.

Scott Adams said the lease is for 50 years to be renewed every five years.
He thinks the company should have to justify that it is still needed every
five years before the lease is renewed. He also said there are more tower
applications coming and setting conditions for them now is critical.

Sally Daggett said the town is at the 11th
hour. Mariner Tower II has said
basically take the current consent agreement that has been worked out or
go to court. Mariner Tower has made all the concessions it is going to
make. They have already agreed to more restrictions than the current
tower in Boothbay had placed on it. The Conditions placed on the Tower
are good ones for the Town.

Steve Lewis said he can't see paying taxpayer money to fight this. He
doesn't like that the Telecommunications act trumps town ordinances but  he can't see paying the extra money, taking a chance on losing and
ending up with a tower with no conditions.

Pete Brown asked why this could be allowed to happen after the town said
no twice. Steve Lewis explained about the Telecommunications act and
the position the town was in.

Chuck Cunningham expressed his concern that if the town goes to court
and loses wh
ich the Town's attorney said is highly likely, then there would
be a tower with no restrictions or conditions.

Frank Fassett asked if Mariner Tower had agreed to the conditions and
Sally Daggett explained that yes, it was a mutual consent agreement that
had been negotiated.

Dick Perkins said the Board of Appeals did not feel the applications met
the criteria for a variance and it was not an allowed use that is why they
denied the application. He urged the Town to change the language in the
ordinance, to allow the towers in all areas of town with Planning Board
approval.

Fran McBrearty said the Board of Appeals had no choice but to make the
decisions they did. He feels there are good conditions in the consent
agreement. He agreed with Mr. Perkins that this issue needs to be
addressed and Towers allowed with conditions.

Jean Reese Gibson said in June 2013, she along with a committee of
concerned citizens brought information to the board and asked them to act
before this happened and the Board would not act, if they had all of this
could have been avoided. Mr. Chaousis responded to this by saying it was
not the whole picture. The Planning Board was being asked to do a lot of
changes in a short time and Cell Towers were no the first priority.

Bob Faunce said he would be happy to work with the Planning Board on
making changes regarding towers.

Chuck Cunningham made a motion that the Board settle the pending
litigation, Mariner Tower II, LLC v. Town of Boothbay, pursuant to the
terms of the proposed consent order and authorize and direct the Town
Attorney to take any and all action necessary on behalf of the Town to
finalize such settlement. Dale Harmon seconded the motion. Vote: 5-0 in
favor. "