Planning Board Flags Jurisdictional Uncertainty Over Break Hill Cell Antenna Proposal

WEST NEWBURY — May 5, 2026 — West Newbury Planning Board raises regulatory alarm over proposed cell antenna on Break Hill water tower. The board, chaired by Ann E. Bardeen, debated Tuesday whether a proposed wireless facility on the approximately 60-foot Break Hill water tank falls under federal small wireless facility rules at 47 CFR 1.6002 or the town's own zoning bylaw — a distinction that determines whether the town faces a 60-day federal shot clock and a heightened burden of proof for any denial. Vice Chair Rob Phillips said the classification question is "a hinge point" and urged the town to retain an outside technical consultant before any application is formally reviewed. A Select Board member confirmed a cellular provider initiated the inquiry and that town administration is working with the building commissioner to get clarity. The board set a May 19 public hearing on stormwater regulation amendments and learned the town voted the previous day to prohibit marijuana retail establishments by roughly a two-to-one margin.