MMA alert on House bills

Massachusets Municipal Association alert this afternoon –

Wednesday, June 11, 2014

HOUSE MEMBERS ARE DEBATING THE ECONOMIC DEVELOPMENT BILL RIGHT NOW (June 11)

PLEASE CALL YOUR REPRESENTATIVES IMMEDIATELY AND ASK THEM TO:

SUPPORT AMENDMENT #2 TO RESTORE LOCAL CONTROL OVER LIQUOR LICENSES

OPPOSE AMENDMENT #53 WHICH WOULD STRIP CITIES AND TOWNS OF THEIR ZONING AUTHORITY TO REGULATE WIRELESS ANTENNAS AND TOWERS

The House of Representatives is debating a comprehensive economic development bill (H. 4165) this afternoon (Wednesday, June 11). There are two important issues that will be debated today and your legislators need to hear from you before they vote on these amendments, so please call their offices as soon as you can!

1) LOCAL AUTHORITY OVER LIQUOR LICENSES. The House bill excludes important language contained in Governor Patrick’s economic development bill that would lift statutory caps on local liquor licenses for bars and restaurants, and the MMA is supporting Amendment #2 to restore local control over liquor licenses. Please call your House members and ask them to support Amendment #2 to return control over liquor licenses to cities and towns and end the delays and missed opportunities that result from the time-consuming home rule process.

2) LOCAL CONTROL OVER WIRELESS ANTENNAS AND TOWERS. A last-minute amendment filed by telecommunications companies would strip cities and towns of much of their authority to regulate wireless antennas and towers.   The MMA is strongly OPPOSING Amendment #53, which would allow telecommunications companies to load existing buildings and towers with unlimited new antennas and equipment, regardless of the impact on neighborhoods. Please call your House members and ask them protect local authority over wireless antennas and cell towers by OPPOSING Amendment #53.

Amendment #53 would allow all wireless telecommunications companies to install or upgrade wireless antennas and equipment on any structure that has an existing wireless antenna. These structures could include commercial or residential buildings, water towers, cell towers and even homes – with NO effective local government authority to regulate. The expansion of these wireless antennas could add 20 feet of height or more to the supporting structure, and could extend 20 feet or more horizontally. Each wireless carrier could add additional height and width with each new antenna, so this increase in size could double or triple as new carriers file applications. And cities and towns would be stripped of their existing authority to require aesthetic modifications to ensure the antennas and equipment blend in.

In fact, the amendment removes all local authority to review environmental and aesthetic impacts of such a “collocation.” Municipalities would also have no recourse to ensure that unused or abandoned facilities must be removed in the future. The wireless telecommunications provider would not need to comply with any local land use or zoning ordinances or bylaws, and would instead only need to comply with the state building code.

Under this proposal, in order to obtain a “collocation” permit, a mobile broadband provider would merely need to submit an application to the appropriate issuing authority in a municipality, and the city or town would have only 90 calendar days to review and act upon the “collocation” application, and could only reject applications that fail to meet the state building code – a very low technical standard.  If a municipality does not complete its review in 90 days, the collocation application would be considered approved. This irresponsible automatic approval would remove local control and in no way benefit the community.

IT IS CRITICALLY IMPORTANT THAT YOUR REPRESENTATIVES HEAR FROM YOU TODAY. Please call your House Members and secure their commitment to SUPPORT AMENDMENT #2 and OPPOSE AMENDMENT #53.