Representative Joe Manning, a member of American Legion Post 114, and attorney Robert O’Leary appeared before the Selectmen last night to take issue with the Selectmen’s “taking side of SBA against the legion.”

At issue is a cell tower on the property that is operated by SBA. Their lease expired in 2008. It has been renewed by The Board of Appeals. The Legion is not happy with that and have appealed that decision to the Superior Court.

Evidently, there are 3 applications from SBA regarding the cell tower. Regardless, the issue for O’Leary last night was the Selectmen’s opposition to the Legions position. Mr. O’Leary did not give specifics last night as to why the Legion opposed the renewal of the permit. He did state that he was concerned about taxpayers money being used in the litigation and that in his opinion the zoning law called for dismantling of the tower absent a renewed permit.

Selectman Shields “took umbrage” at the comments and said the Legion had brought all this on by appealing the ruling of the Board of Appeals. If they hadn’t appealed the ruling, there would be no litigation, or costs associated with it. Ms. McEttrick said that the appeal left the town no choice but to defend its board (The Board of Appeals). She also stated that the Selectmen could not address or speak about the case because it was in litigation. She did say that the town was open to discussing a settlement and avoiding further litigation.

It was also pointed out that given the tower was already constructed and operational and that the permit had been renewed by the Board of Appeals, there was no grounds for taking it down. In fact, there was risk in ordering it taken down only to have Superior Court rule in favor of SBA. SBA can operate the tower under a ruling is givem.