1998-Annual Town Report - Laserfiche WebLink

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..-- (b) Proper disposal of the waste materials been determined to be public service corporations from the site in accordance with local (public utilities) by the Massachusetts Department of and state solid waste disposal regula- Telecommunications and Energy and which were the tions. subject of specific land use control restraints enacted by the U.S. Congress as part of the (c) Restoring the location of the personal Telecommunications Act passed in 1996. The Town wireless service facility to its natural or may not prohibit their development under the original condition, except that any Telecommunications Act but may adopt reasonable landscaping and grading shall remain guidelines on their location and other characteristics. as-is. The article is based on a model bylaw prepared for the (3) If a carrier fails to remove a personal wire- Cape Cod Commission in response to the provisions less service facility in accordance with this of the Telecommunications Act, along with recom- section of this Bylaw, the Town shall have mendations and copies of bylaws from other the authority to enter the subject property Massachusetts towns provided by Town Counsel. and physically remove the facility. The It would restrict the height of such facilities to approx- Planning Board may require the applicant imately 45 feet except within a Wireless Facility to post a bond at the time of construction in Overlay District, within which towers of 100 to 200 an appropriate amount to cover all costs for feet would be allowed. That overlay district includes the removal of the personal wireless service the land within the Commonwealth Electric high ten- facility in the event the Town must remove sion power line easement as well as all other parts of the facility. the town except lands within the National Wildlife N. Reconstruction or replacement of existing towers Refuge boundaries, within 1000 feet of the mean high and monopoles. water line of a Great Pond or tidal water body, within a Historic District, within 1000 feet of a Historic Guyed towers, lattice towers, utility towers and District or of a place listed in the 1997 Massachusetts monopoles in existence at the time of adoption of State register of Historic places, within the Otis this bylaw maybe reconstructed,altered,extend- A.N.G.B.Accident Prevention Zone or within 300 feet ed or replaced on the same site by special permit, of the right of way of any designated scenic roadway. provided that the Planning Board finds that such Co-location and location of such facilities on existing reconstruction, alteration, extension or replace- towers, water towers, steeples etc. is encouraged. ment will not be substantially more detrimental Visual buffers, camouflage techniques and setbacks to the neighborhood and/or the Town than the ("fall zone") are required and noise and lighting are F existing structure. In making such a determina- restricted in order to minimize impacts on neighboring tion, the Planning Board shall consider whether properties. the proposed reconstruction, alteration, exten- Motion made by David Leveille. sion or replacement will create public benefits such as opportunities for co-location, improve- Motion: I move that Article 35 be approved as print I�. ments in public safety, and/or reduction in visual ed in the warrant, except to delete the date "1997" and environmental impacts. No reconstruction, before the phrase "Massachusetts State Register of • alteration, extension or replacement shall exceed Historic Places" in Subsection 174-5.C: i the height of the existing facility by more than -3Add the phrase ", within the R or R-5 Zoning twenty (20) feet. Districts" after the phrase "Otis A.N.G.B. Accident y` Prevention Zone" in Subsection 174-5.C.; O. Term of special permit. A Special Permit issued for any personal wire- Replace the phrase "Subsection H.(8)" with less service facility over fifty (50) feet in height "Subsection H.(9)"and replace"(8)"with"(9)"in said shall be valid for fifteen(15)years.At the end of Subsection; that time period, the Personal wireless service Replace"174-45.2" with"174-45.3"where it appears; facility shall be removed by the carrier or a new special permit shall be required." Amend the definition of"ABOVE GROUND LEVEL (AGL)" in Subsection 174-45.3B by replacing it with or take any other action relating thereto. the following: "A measurement of height from the Submitted by Planning Board natural grade at the structure location to the highest point of the structure;" Explanation: This article would establish regulations and a special permit process for "personal wireless Delete the last sentence of Subsection 174-45.3(7)(x); service facilities"(wireless phone services,etc.,usual- Replace the acronym "AML" with the acronym ly involving towers), whose providers have recently "MSL" in Subsection 174-45.31(2)(h)(9); i 108