1998-Annual Town Report - Laserfiche WebLink

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Motion made by Nancy Caffyn. including historic district regulations, design review and other bylaws and regulations Motion: I move Article 34 be approved as printed in designed to encourage appropriate land use, the warrant with the exception of the phrase, "or take environmental protection, and provision of ade- any other action related thereto." quate infrastructure development. Planning Board voted at the Public Hearing held The regulation of personal wireless service facil- on August 19, 1998 4 to 0 for approval. ities is consistent with the purposes of the Motion passes unanimously at 9:12pm. Mashpee zoning bylaw and the planning efforts of the town through its comprehensive plan, Article 35 including those intended to further the conserva- To see if the Town will vote to amend the zoning tion and preservation of developed, natural and bylaw by adding the following new sections and sub- undeveloped areas, wildlife, flora and habitats sections: for endangered species, the preservation of coastal resources, protection of natural Add the following to the listing of zoning districts resources, balanced economic growth, the provi- contained in Section 174-4: sion of adequate,capital facilities, the coordina- "Wireless Facility Overlay District". tion of the provision of adequate capital facilities with the achievement of other goals and the Add the following new Subsection C. to Section 174- preservation of historical, cultural, archaeologi- 5 Establishment of Zoning Map: cal, architectural and recreational values. "C. The Wireless Facility Overlay District shall In accordance with the requirements of 47 include 1) the area within the 210 foot wide U.S.C. s332(c)(7)(B), and until these require- Commonwealth Electric Company transmission ments are modified, amended or repealed,in reg- line easement running generally east-west ulating the placement, construction and modifi- between the Falmouth town line and the � cation of personal wireless service facilities, the Barnstable town line, 2) all other lands in the administration of this bylaw shall not be under- Town which are not located within the bound- taken in a manner which unreasonably discrimi- aries of the Mashpee National Wildlife Refuge, nates among providers of functionally equivalent within 1000 feet of the mean high water line of a services or prohibits, or has the effect of pro- Great Pond or a tidal water body, within Historic hibiting, the provision of personal wireless ser- Districts, within 1000 feet of a Historic District vices. Any decision to deny a request to place, ;. or of structures or places listed in the 1997 construct or modify personal wireless service Massachusetts State Register of Historic Places, facilities shall be in writing and supported by within the Otis A.N.G.B. Accident Prevention substantial evidence contained in a written '��^ Zone or within 300 feet of the right of way of any 1. record. Furthermore, this bylaw may not regu- F designated scenic roadway." late the placement, construction and modifica- Add the following new Subsection H.(8) to Section tion of personal wireless service facilities on the 174-25. Table of Use Regulations: basis of the environmental effects of radio fre- 'l "(8) Personal wireless service facilities, subject to the quency emissions to the extent that such facilities � comply with the Federal Communications of provisions of Section 174-45.2." Commission's regulations concerning such emis- and indicate by inserting the letters "SP" in all Bions. columns of the Table of Use Regulations that such use B. Definitions. is allowed by special permit in all zoning districts. Add the following new Section 174-45.2: In addition to the definitions contained in Section 174-3, the following shall apply to Personal "174-45.2.Personal Wireless Service Facilities. Wireless Service Facilities: A. Purpose and intent. ABOVE GROUND LEVEL (AGL) - A mea surement of height from the natural grade of a For the purpose of minimizing the visual and site to the highest point of a structure. environmental impacts, as well as any potential deleterious impact on property values,of person- ANTENNA - The surface from which wireless al wireless service facilities,no personal wireless radio signals are sent and received by a personal service facility shall be placed, constructed or wireless service facility. modified within the town except in conformance CAMOUFLAGED -A personal wireless service with the requirements of this section,in conjunc- facility that is disguised,hidden,part of an exist- tion with other regulations adopted by the Town, 98