The purpose of these regulations is to promote the health, safety,
convenience, and welfare of the inhabitants of Medfield, more specifically
to minimize negative visual impacts and preserve natural vistas by
providing for controlled placement and operation of certain radio
communications facilities and towers within the Town. Placement is
controlled by establishing a limited number of permitted locations,
minimizing the number and overall height of towers, encouraging shared
use of structures, and limiting new construction to that necessary
to provide personal wireless services.
As used in this Article, the following terms shall have the
meanings indicated:
An entity authorized by the FCC to provide personal wireless
services that files an application, or is the holder of a special
permit pursuant to this Article; if the applicant is not the landowner,
the landowner(s) shall file as co-applicant(s).
A petition for a special permit for a personal wireless facility
submitted by an applicant to the Board of Appeals under the auspices
of this Article, and which fulfills all of the Board of Appeals filing
requirements defined in this Bylaw.
A surface used to transmit and/or receive signals between
a personal wireless facility and subscribers.
Apparatus employed by a provider of personal wireless services
strictly to operate a personal wireless facility. Such apparatus typically
includes transmission/reception electronics, network interconnection
equipment, power supply equipment, and control and processing equipment.
An arrangement of transmitting/receiving equipment, network
interconnection equipment, and transmit/receive antenna(s) operated
by a personal wireless service at one location that provides service
to a geographic area.
A structure designed to house personal wireless equipment
that is placed at a personal wireless tower or other personal wireless
facility.
Radio communications services specifically identified by
the FCC (Federal Communications Commission) as personal wireless services.
Such services include cellular services, personal communications services,
and enhanced specialized mobile radio services, among others.
A self-supporting lattice structure, a monopole, or other
structure erected for the primary purpose of supporting personal wireless
antennas at a personal wireless facility.
All forms of communication which transmit radio frequency
or microwave signals.
Antennas and communications services which do not qualify
as personal wireless and which may be supported on a secondary, subservient
basis by a personal wireless tower.
A.
Personal wireless facilities shall be permitted in the IE Zoning
District east of Route 27 to West Mill Street and west of Route 27,
north of the railroad tracks on Town-owned land; the BI District at
Medfield State Hospital; and on the Town of Medfield water tower property
at Mt. Nebo, only after compliance with all the provisions of this
Article.
B.
A personal wireless tower shall be permitted in the IE District east
of Route 27 to West Mill Street and west of Route 27, north of the
railroad tracks on Town-owned land; and at Medfield State Hospital
in an area extending 150 feet north from the rear of the present "R"
building, only after compliance with all the provisions of this Article.
Secondary antennas may be installed on a personal wireless tower under
the provisions of this Article.
C.
Personal wireless equipment in the areas identified in Subsections A and B may be housed in or on preexisting structures, personal wireless facility accessory buildings, or weather-resistant outdoor equipment enclosures. Personal wireless antennas may be installed on preexisting structures at these locations or on personal wireless towers built for the purpose. Secondary antennas may be installed on a personal wireless tower under the provisions of this Article.
D.
No personal wireless tower in the IE District may be constructed
within 2,500 feet of another Personal wireless tower. In the event
of conflicting applications, the Board of Appeals shall make a judgment
as to which proposed personal wireless tower, if any, is most suitable.
E.
Personal wireless towers may not be built for any purpose other than
to provide for personal wireless services.
F.
Personal wireless antennas may be installed on preexisting electric
transmission towers presently located on a Boston Edison utility easement
in the southeast quadrant of Town, provided that they do not exceed
the present height of the utility tower by more than 30 feet, and
only after compliance with all provisions of this Article. Personal
wireless equipment may be sited on the utility easement to support
the operation of such antennas.
G.
Personal wireless facilities shall be permitted outside of the areas identified in Subsections A, B and F only if an applicant demonstrates that such facilities are necessary to prevent an effective prohibition of the provision of personal wireless services. Applicants for facilities outside of the areas identified in Subsections A, B and F must demonstrate that they have made maximum practicable utilization of the areas identified in Subsections A, B and F to serve all or portions of the area that the proposed facility is intended to serve.
H.
Applicants for personal wireless facilities outside the areas identified in Subsections A, B and F shall demonstrate that their proposal is the most favored way that is practicable to facilitate the provision of personal wireless service, according to the following order of priority, from most favored to least:
A.
No personal wireless facility or personal wireless tower shall be erected or installed except in compliance with the provisions of this Article. In all cases, a special permit is required from the Board of Appeals. Section 300-6.2A shall not apply to these applications. Any proposed addition of a personal wireless service provider to a preexisting personal wireless facility or personal wireless tower, proposed increase in the height of a tower, or in the number of antennas, or any construction or replacement of a personal wireless tower or personal wireless facility accessory building shall be subject to a new application for a special permit.
B.
Applicants for a new or modified personal wireless tower must make
a showing satisfactory to the Board of Appeals that preexisting structures
and preexisting personal wireless towers are not capable of providing
adequate service to those personal wireless service carriers planning
to use the tower.
C.
Unless otherwise restricted in this Section, personal wireless towers
may be self-supporting monopoles, lattice towers, or other styles
of support structure and shall meet with the approval of the Board
of Appeals, subject to this Section and to the requirement that no
guy wires shall be used.
D.
Personal wireless towers and personal wireless facilities shall be
suitably screened from view to the maximum extent possible and/or
be designed and placed in a manner that is compatible with surrounding
land uses. All towers shall be of a design that minimizes the negative
visual and environmental impacts on the Town, as determined by the
Board of Appeals.
E.
Personal wireless towers shall be designed and constructed to support
the antennas of multiple personal wireless facilities. An applicant
for a special permit to construct a personal wireless tower shall
certify to the Town that it will reasonably and in good faith make
the tower available to other personal wireless services. Each installation
of a personal wireless facility shall require a special permit.
F.
Secondary communications and secondary antennas may be installed
at a personal wireless tower such that they may be moved or removed
to accommodate the maximum number of additional personal wireless
antennas possible. The personal wireless tower special permit holder
shall apply to the Board of Appeals for a special permit for such
secondary installations, as if they were personal wireless facilities.
G.
Personal wireless towers shall be removed within one year after cessation
of use by all personal wireless services, whether or not there are
one or more secondary antennas on the tower. Personal wireless antennas
shall be removed within one year after cessation of use. As a condition
of the special permit, the Board of Appeals may require a surety bond
or other security satisfactory to the Board to fund removal of any
and all components of a personal wireless facility that is unused
for more than one year, or is no longer under a valid permit. If an
applicant fails to comply with this requirement, the Town may enforce
by entering the property and removing the ceased facility, which expenses
shall be paid to the Town by the applicant or landowner within 30
days of notice by the Town. If such expenses are not paid in full,
the Town may impose a lien on the property. In addition, the applicant
or landowner shall be liable for all expenses the Town incurs in obtaining
judicial enforcement of this subsection.
H.
Continuation of the special permit for a personal wireless tower
or personal wireless facility is subject to inspection and reporting
requirements established by the Inspector of Buildings.
I.
It shall be a requirement of any special permit issued under this
Section that at any reasonable time or interval the Board of Appeals
may require the applicant to demonstrate that the emissions of its
personal wireless facility are in compliance with applicable federal
and/or state safety requirements. Such demonstration shall be performed
at applicant's expense by a qualified engineer appointed or approved
by the Town.
J.
In the event that the applicant's personal wireless facility is not
in compliance with applicable state and federal emissions exposure
requirements, the personal wireless facility operator shall immediately
inform the Town about the noncompliance, and remedies being implemented
to correct it. The Town reserves the right to require the personal
wireless facility to cease operations until the noncompliance is resolved.
K.
Applicants shall demonstrate to the Board of Appeals' satisfaction
that a proposed personal wireless facility will be compliant with
any applicable noise regulations of the Federal EPA (Environmental
Protection Agency) and Massachusetts DEP (Department of Environmental
Protection). Applicants shall maintain compliance for the duration
of the facility's operation. Compliance shall be determined by evaluating
all noise sources from the site of the personal wireless facility(ies).
In the event of noncompliance, the Town reserves the right to require
the personal wireless facility to cease operations until the noncompliance
is resolved.
All applications for personal wireless towers or personal wireless facilities shall be made and filed in accordance with the requirements of the Board of Appeals. In addition to filing requirements detailed in § 300-14.10A of this Bylaw, the following are required to be filed with an application:
A.
A locus plan, which in printed form is of an appropriate scale, showing
elevation contours, all property lines, structures, and landscape
features within 500 feet of the property line, the proposed tower
and/or accessory building, access way, and fencing.
B.
Design drawings showing the elevation and plan views of the proposed
personal wireless facility and a photograph or rendition of outdoor
views of the proposed personal wireless tower, personal wireless antennas
or the enclosure(s) within which the antennas are concealed, personal
wireless equipment or fenced area, and/or personal wireless facility
accessory building; photographs of the proposed location from the
property lines. The Board of Appeals may request an applicant to demonstrate
the visual impact of proposed installations by providing, at applicant's
expense, one or more of the following:
(1)
Sight-line drawings to specific locations identified by the Board
of Appeals;
(2)
A visual demonstration of visibility in which a balloon, crane or
other representative object shall be placed at the height of the proposed
tower and at an alternative location on or off the proposed site as
determined by the Board of Appeals; the date, time and location of
such test shall be advertised, at the expense of the applicant;
(3)
Photographic simulations based on the results of a visual demonstration
and prepared by a qualified individual; and
(4)
Other measures requested by the Board.
C.
The following information prepared by one or more qualified individuals:
(1)
A description of the facility and/or tower proposed.
(2)
A description of the reasons the facility is proposed, the reason
the location is proposed, and a rationale for the height proposed.
(3)
Verification that the facility will be in compliance with federal
and state regulations.
(4)
A description of tower capacity for additional personal wireless
antennas.
(5)
A description of site capacity for additional personal wireless
facilities.
D.
A description of how the proposed personal wireless facility integrates
with preexisting personal wireless facilities in and around Medfield;
what current or future planned personal wireless facilities the applicant
is pursuing in and around Medfield; and a description of how the applicant's
network in and around Medfield will evolve based on market trends,
emerging technologies and the like.
E.
Submission of an application for a special permit obligates the applicant
to pay review expenses determined by the Board of Appeals. Applications
must include a deposit of $5,000 for each proposed personal wireless
facility, which funds will be used to pay reasonable costs associated
with the Board's review of the application, including fees for outside
consultants with expertise in structural engineering, wireless communications
technology, wireless communications law and other relevant fields
of experience, as determined necessary by the Board. If fees for such
reviews exceed the amount of the required deposit, the Board of Appeals
may request additional funds from the applicant. Any unused funds
will be returned to applicant after approval, rejection or withdrawal
of the application.
The following guidelines shall be used when preparing plans
to site and construct any personal wireless tower or personal wireless
facility.
A.
All personal wireless towers shall be designed to stand at the minimum
height necessary to accommodate planned use and anticipated shared
use, as certified at applicant's expense by a qualified engineer appointed
or approved by the Town. The Board of Appeals may require a personal
wireless tower to be constructed at one height, but with the structural
capacity to be extended to another height in the future.
B.
In the IE District, a personal wireless tower with attached antenna(s)
shall not exceed 150 feet in height above the lowest finished grade
contacting the base. A maximum height with antenna(s) of 190 feet
shall be allowed in the IE District if the applicant can make a significant
showing that the low ground elevation prevents satisfactory performance
of a proposed personal wireless facility at 150 feet and lower. A
personal wireless tower shall not be constructed on a building.
C.
Personal wireless antennas may be mounted on preexisting structures
in the allowed locations and districts. They shall be mounted no more
than 10 feet above the roofline or top surface of the preexisting
structure. Mounting hardware extending vertically 10 feet or less
above a structure shall not be considered a tower in this Article.
Consideration will be given to disguising or concealing roof- or top-mounted
antennas and hardware.
D.
In the IE District, a tower shall be set back a minimum of 50 feet
from any property line. The Board of Appeals may require greater setback
if a benefit is achieved and it is practicable, as determined by the
Board.
E.
In districts other than the IE District, a personal wireless tower
shall be no more than 100 feet above the undisturbed natural grade
at the base of the tower.
F.
In districts other than the IE District, the minimum distance from
the base of any ground-mounted personal wireless tower to any property
line shall be two times the height of the facility/mount, including
any antennas or other appurtenances. In addition, a minimum distance
of 300 feet from any habitable dwelling is required. The aforementioned
setback is measured from the nearest abutting non-applicant property,
while the 300-foot distance is measured from the nearest non-applicant
habitable dwelling.
G.
In the event that a preexisting structure is proposed as a mount
for a personal wireless facility, the setback provisions of the zoning
district shall apply. In the case of preexisting nonconforming structures,
personal wireless facilities, including equipment shelters, shall
not increase any nonconformities.
H.
All personal wireless towers and personal wireless facility accessory
buildings shall be sited and landscaped in such a manner that the
view of them from neighboring residences shall be as limited as possible.
They shall be colored in a manner that best blends in with the surroundings,
subject to approval of the Board of Appeals.
I.
Personal wireless towers shall be designed to accommodate the maximum
number of personal wireless services practical. The intent of this
requirement is to maximize shared use of towers and limit the number
required to provide satisfactory and competitive personal wireless
service in the Town. In evaluating the maximum number practicable,
the Board of Appeals shall determine whether or not an increase or
decrease in height of a proposed personal wireless tower is justified
to balance the objectives of maximizing collocation and minimizing
the visual impact on the community.
J.
Fencing and/or other access control measures shall be employed to
limit access to personal wireless facilities, including personal wireless
towers, personal wireless equipment, and personal wireless antennas.
Outdoor access control measures (such as fencing) shall be compatible
with the character of the area in which they are installed and shall
be approved by the Board of Appeals. In the application, the applicant
shall provide a description of all indoor and outdoor access control
measures planned for the proposed personal wireless facility.
K.
Signs shall be limited to those required by federal or state regulation, and those necessary to provide safety information or warnings. Signs shall conform with Article 13.
L.
The special permit holder shall maintain with the Medfield Police
Department up-to-date 24-hour emergency contact information for each
personal wireless facility and personal wireless tower permitted.
M.
Lighting of personal wireless towers is not allowed unless the applicant
demonstrates to the Board of Appeals that it is essential for safety
and/or is required by the Federal Aviation Administration.
N.
A minimum of one on-site parking space shall be available for maintenance
personnel to park their vehicles off-street.
A.
Applications to the Board of Appeals for special permits shall be approved or approved with conditions, only if the applicant can fulfill the requirements of this Bylaw to the satisfaction of the Board. If the Board is not satisfied that the applicant has fulfilled or addressed these requirements, the application shall be denied. In addition to the required findings contained in § 300-14.10E, the Board of Appeals shall make the following specific findings of fact:
(2)
Preference hierarchy. The Board shall approve an application for a personal wireless facility only after an applicant has demonstrated their proposal is the most favored choice, as detailed in § 300-17.3H.
(3)
Preexisting structures. The Board shall approve an application for a new or modified personal wireless tower only after satisfactory showing by the applicant that preexisting structures and preexisting personal wireless towers cannot be used, as described in § 300-17.4B.
(4)
Tower structure. The Board shall approve an application after exercising discretion about the Personal wireless tower structure type, as described in § 300-17.4C.
(6)
Tower capacity. The Board shall approve an application only after receiving certification from applicant to make the personal wireless tower available to other personal wireless services, as described in § 300-17.4E, and after determining said personal wireless tower is designed to accommodate the maximum number of personal wireless services practical, as described in § 300-17.6I.
(7)
Noise compliance. The Board shall approve an application only after determining applicant has demonstrated the proposed personal wireless facility will be compliant with noise regulations as described in § 300-17.4K.
(8)
Minimum necessary height. The Board shall approve an application only after determining the proposed personal wireless facility is designed for the minimum height necessary, subject to the considerations described in § 300-17.6A.
(9)
Area regulation. The Board shall approve an application only after confirming the proposed personal wireless facility complies with height requirements detailed in § 300-17.6B and C, and setback requirements detailed in § 300-17.6D, E and F. The Board may exercise discretion to modify setbacks under § 300-17.6F if the Board determines it would achieve a more desirable result.
(10)
Access control. The Board shall approve an application only after approving proposed unauthorized access control methods and associated visual impacts, as described in § 300-17.6J.
B.
The Board may impose as a condition of the special permit a requirement
for periodic review of the minimum necessary height of the tower and
may require a reduction in the tower's height based upon the review.
