ROCKPORT — The Planning Board in Rockport will hear plans from KJK Wireless for Maine to erect a 150-foot cell tower on a portion of a 25-acre lot on Vinal Street when it meets this evening. The board will also consider numerous amendments to the municipal ordinance relating to citizen petitions and the Rockport Zoning Board of Appeals process.

The meeting begins at 5:30 p.m., at the Opera House, and will be streamed live here.

To read the documents to be considered by the Planning Board July 22, click here.

KJK Wireless for Maine has a mailing address of Nashua, N.H.. and is working before the Rockport Planning Board on behalf of U.S. Cellular.

The proposed site is 0 Vinal Street, on a 25-acre parcel owned by Kathleen Salminen Bailey, of Winthrop, who is leasing the property to KJK Wireless.

The development also calls for a 50-foot by 50-foot fenced compound for equipment, and an access road off of Vinal Street.

The proposed land use ordinance amendments comprise those that are housekeeping in nature to ones that are more substantial including additional language that directs the ZBA, when considering appeals concerning code enforcement office decisions, to, “review the record of the Code Enforcement Officer’s decision to determine whether the Code Enforcement Officer’s decision was made in conformance with Chapter 600 of this Land Use Ordinance, was an abuse that Officer’s discretion or was not supported by substantial evidence in the record.”

Considering citizen petitions, the proposed amendment is, “to avoid any perceived difference between the Town Charter and Land Use Planning Ordinances in terms of how citizen petitions can be used to amend Land Use Ordinances. The technique is to add to the relevant provision in the Land Use Ordinance a cross reference to the relevant provision of the Town Charter effectively incorporating the relevant Town Charter provision by reference.”

Currently, the Rockport Town Charter says the following about citizen petitions:

Section 1 Initiative and Referendum

A. Definitions. Initiative guarantees the right by which citizens can propose a law by petition and ensure its submission to the electorate. Referendum is the actual submission of a proposed public measure or statute to a direct popular vote.

State Law Reference: Title 30-A, MRSA, Section 2528(5)

B. Procedure. The details of procedure by which both of these rights are fulfilled are described in Title 21, Section 1351 et seq. of the Maine Revised Statutes Annotated of 1964 and amendments thereto. Nothing in this Charter shall be construed to diminish the rights granted by law.

Proposed Amendment to the Rockport Land Use Ordinance § 405 reads:

No land use regulation or amendment thereof shall be adopted until after the Select Board of the Town of Rockport have (sic) held a public hearing thereon at least ten (10) days before it is submitted to the legislative body for consideration. Public notice of the hearing shall be made at least seven (7) days prior to the hearing. Amendments to this Ordinance shall be considered following a citizen petition pursuant to Article II § 14 of the Rockport Town Charter, recommendation of the Planning Board or motion of the Select Board. Petitioners are encouraged to work with and request assistance from the Planning Board so that proposed changes and amendments can be of greatest benefit to the citizens of Rockport. Petitioners shall be responsible for paying fo all required advertisements and notifications.