1999-03-29-ATM-min - Laserfiche WebLink

Browse Search

Adjourned Session —1999 Annual Town Meeting March 29, 1999 8:39 p.m. Charles Hornig questioned if the Follen Church permit would be upheld if the Town prevails in the court case. Mr. Bowyer explained if the permit was granted and subsequent court action sustains the granting, then the installation would be grandfathered and protected even if not yet installed. Mr. Hornig questioned how the setback would be measured. Mr. Bowyer explained that had been questioned by the Planning Board, noted in its report, and that he could not provide an answer. 8:41 p.m. Sam Silverman, pr.5, questioned federal preemption, impact on the town taking action, and the ability of Methuen to enact similar by -laws. Town Counsel Norman Cohen explained that this article would be an amendment to last year's comprehensive plan and that we are not allowed to take up solely health effects, questioning if the Attorney General will approve the amendment and possible litigation if for only health reasons. 8:43 p.m. Sam Silverman, pr.5, continued questioning if there was any information on the actual radiation level from antenna. Dr. Mirko Matejic, 627 Massachusetts Avenue, explained on behalf of the proponents that cell towns emit radiation around the clock. Mr. Silverman suggested a subsidiary motion for a moratorium be made. The Moderator ruled that would not be within the scope of the article. 8:47 p.m. Alan Lazarus, pr. 6, questioned the response of Town counsel. Town Counsel Norman Cohen explained other Town's setback requirements were not due to health reasons and that although he did not have all of the information from other towns, the comprehensive plans were approved. 8:48 p.m. Terry Martin, 96 Gleason Road, spoke from the audience in favor ofthe article and cautioned not to be deterred by threats of litigation. 8:53 p.m. Bruce Collier, pr.3, spoke in opposition. 8:57 p.m. Ira Bernstein, pr.2, questioned Town Counsel regarding health concerns vs. environmental concerns. Town Counsel Norman Cohen explained there is a lot of litigation presently pending and that some courts have ruled that environmental the same as health. 8:58 p.m. William Frawley, pr.3, spoke in favor. 9:01 P.M. David Lees, 57 Gleason Road, spoke from the audience and strongly opposed the article. 9:05 p.m. Pam Peifer, 15 Barnes Place, spoke in support. 9:07 p.m. David Kanter, pr.7, spoke in opposition and of the unjustified setback as well as the inclusion of health issues for justification. 9:11 P.M. Anne Ripley, pr.6, explained she would be proposing a Subsidiary Motion to send to committee for a year's discussion, and presented the following Subsidiary Motion: --------------------------------------- MOTION: That the subject matter of Article 13 be referred to committee, consisting of not less than 7 and not more than 9, to be appointed by the Planning Board. Such committee shall include a representative from the Coalition on Cellular Communications Impact, a citizen with RF engineering background, as well as one member each to be designated by the Planning Board, Board of Health, and Cable TV Advisory Committee. The committee shall report to the Planning Board no later than December 1, 1999 in order that a recommendation can be made for the 2000 annual Town Meeting. ------------------------------- - - - - --