10/05/1998 Annual Town Meeting - Laserfiche WebLink

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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, within a Historic District, within 1000 feet of a Historic District or of a place listed in the 1997 Massachusetts State register of Historic places, within the Otis A.N.G.B. Accident Prevention Zone or within 300 feet of the right of way of any designated scenic roadway. Co-location and location of such facilities on existing towers, water towers, steeples etc. is encouraged. Visual buffers, camouflage techniques and setbacks ("fall zone") are required and noise and lighting are restricted in order to minimize impacts on neighboring properties. Motion made by David Leveille. Motion: I move that Article 35 be approved as printed in the warrant, except to delete the date "1997" before the phrase "Massachusetts State Register of Historic Places" in Subsection 174- 5.C: Add the phrase ", within the R-3 or R-5 Zoning Districts" after the phrase "Otis A.N.G.B. Accident Prevention Zone" in Subsection 174-5.C.; Replace the phrase "Subsection H.(8)" with "Subsection H.(9)" and replace "(8)" with "(9)" in said Subsection; Replace "174-45.2"with"174-45.3"where it appears; Amend the definition of "ABOVE GROUND LEVEL (AGL)" in Subsection 174-45.313 by replacing it with the following: "A measurement of height from the natural grade at the structure location to the highest point of the structure;" Delete the last sentence of Subsection 174-45.3(7)(a); Replace the acronym "AML"with the acronym "MSL" in Subsection 174-45.3.L(2)(h)(9); Replace the third sentence in Subsection 174-45.3.L(2)(i)(1) with the following: "The profiles shall show the building facade, all the intervening trees buildings and the the personal wireless Page 60 of 63