Rather than viewing this as a victory and crowing to the press, the town should work with the carriers. Grill said that Omnipoint is trying its best to work with Amherst, but the town needs to show some flexibility. Town Administrator Dana Crowell confirmed that another cellular company has contacted the town but was told it can apply for discussion purposes only, rather than permission, because the site plan ordinances are under revision. We won't have to spend more money to defend the suit. Bridge added that the decision was important because it reaffirmed the right of communities not only in New Hampshire but across the country, to decide where to place cell towers.
Cell towers can go anywhere in town as long as they comply with the new ordinance.
They are not like a public utility that is exempt from zoning regulations and can put their facilities anywhere they want. Ciandella said that with the case now over, Omnipoint should work with the town and apply for permission under the new ordinance. The case of Omnipoint against Amherst in began 1997 when the ZBA denied it permission to erect four 190-foot towers in town. Omnipoint wanted to put towers at the transfer station, at Bragdon Farm along Route 101, at a church off of Rte. 101 and by the emergency services facility in the downtown historic district.