1998-TOWN MEETING RECORDS - Laserfiche WebLink

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I all costs for the removal of the personal wireless service facility in the event the Town must remove the facility. N. Reconstruction or replacement of existing towers and monopoles. Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this bylaw may be reconstructed, altered, extended or replaced on the same site by special permit, provided that the Planning Board finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the existing structure. In making such a determination, the Planning Board shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. No reconstruction, alteration, extension or replacement shall exceed the height of the existing facility by more than twenty(20) feet. O. Term of special permit. A Special Permit issued for any personal wireless service facility over fifty (50) feet in height shall be valid for fifteen (15) years. At the end of that time period, the personal wireless service facility shall be removed by the carrier or a new special permit shall be required." or take any other action relating thereto. i Submitted by Planning Board Explanation: This article would establish regulations and a special permit process for "personal wireless service facilities" (wireless phone services, etc., usually involving towers), whose providers have recently been determined to be public service corporations (public utilities) by the Massachusetts Department of Telecommunications and Energy and which were the subject of specific land use control restraints enacted by the U.S. Congress as part of the Telecommunications Act passed in 1996. The Town may not prohibit their development under the Telecommunications Act but may adopt reasonable guidelines on their location and other characteristics. The article is based on a model bylaw prepared for the Cape Cod Commission in response to the provisions of the Telecommunications Act, along with recommendations and copies of bylaws from other Massachusetts towns provided by Town Counsel. It would restrict the height of such facilities to approximately 45 feet except within a Wireless Facility Overlay District, within which towers of 100 to 200 feet would be allowed. That overlay district includes the land within the Commonwealth Electric high tension power line easement as well as all other parts of the town except lands within the National Wildlife Refuge boundaries, within 1000 feet of the mean high water line of a Great Pond or tidal water body,