The purpose and intent of Section 6.1 is to address and mitigate
the secondary effects of the adult uses referenced herein, which include
increased crime, adverse impacts on the public health, safety and
welfare, decreased property values and neighborhood blight. All of
those secondary effects having been clearly confirmed in numerous
nationwide studies, in addition to reports given by public safety
officials, all of which have been relied upon in considering the enactment
of Section 6.1.
The following standards shall apply to adult uses as defined
in Section 10.0.
1. Separation Distances. Adult uses may be permitted
only when located outside the area circumscribed by a circle which
has a radius consisting of the following distances from specified
uses or zoning district boundaries:
a.
Five hundred feet from the district boundary line of any residence
district (SRA, SRB, SRC, APT);
b.
Five hundred feet from any other adult use as defined herein;
c.
Three hundred feet from any establishment licensed under G.L.
c. 138, s. 12; and
d.
Fifteen hundred feet from the boundary of any school.
2. Radius Distance. The radius distance shall be measured
by following a straight line from the nearest point of the property
parcel upon which the proposed adult use is to be located to the nearest
point of the parcel of property or the zoning district boundary line
from which the proposed adult use is to be separated. In the case
of the distance between adult uses (see subsection 6.1.2.1.b) and
between an adult use and an establishment licensed under G.L. c. 138,
§ 12 (see subsection 6.1.2.1.c), the distances shall be
measured between the closest points of the buildings in which the
uses are located.
3. Size. With the exception of an adult cabaret or
an adult motion-picture theater, adult uses may not exceed 3,500 square
feet of net floor area.
4. Parking Requirements. The following parking requirements
shall apply:
a.
Parking for adult bookstores, adult paraphernalia stores, and
adult video stores shall meet the requirements of Appendix A, Table
3, subsection C.4.a.
b.
Parking for adult cabarets and adult motion-picture theaters
shall meet the requirements of Appendix A, Table 3, subsection C.4.b.
c.
Parking shall be provided in the side or rear yard area only.
d.
All parking areas shall be illuminated, and all lighting shall
be contained on the property.
e.
Parking areas shall be landscaped in conformance with subsection
5 below and Section 5.3 of this Bylaw.
5. Screening and Buffering. A five-foot wide landscaped
buffer shall be provided along the side and rear property lines of
an adult use establishment consisting of:
a.
evergreen shrubs not less than five feet in height at the time
of planting; or
b.
trees not less than five feet in height at the time of planting;
or
c.
a solid fence not less than six feet in height.
6. Building Openings. All building openings, entries,
and windows shall be screened in such a manner as to prevent visual
access to the interior of the establishment by the public.
The application for a special permit for an adult use establishment
shall include the following information:
1. Name and address of the legal owner of the establishment;
2. Name and address of all persons having lawful equity or security
interests in the establishment;
3. Name and address of the manager;
5. Proposed provisions for security within and without the establishment;
and
6. The physical layout of the interior of the establishment.
No adult use special permit shall be issued to any person convicted
of violating the provisions of G.L. c. 119, s. 63 or G.L. c. 272,
s. 28.
Any adult use special permit issued under this Section 6.1 shall
lapse within one year, in addition to any time required to pursue
or await the determination of an appeal from the grant thereof, if
substantial use thereof has not sooner commenced except for good cause
or, in the case of a permit for construction, if construction has
not begun by such date except for good cause.
The following provisions shall apply to all agricultural operations
listed under Table 1, Table of Use Regulations, subsections E.1, E.2,
and F.6.b, whether the use is a principal or accessory use:
1. Adequate provision shall be made for the garaging or screening of
all tools, farm machinery, or vehicles incidental to the proposed
use.
2. Any new structure larger than six feet by six feet by seven feet,
used for the above purpose or for providing housing, pens, or enclosures
for livestock, shall be located at least 50 feet from any property
line.
3. In a residential district, site plan review per Section 9.5 shall
be required for any new accessory structure in excess of 2,000 square
feet of ground floor area to ensure landscaping and screening thereof.
4. Adequate provision must be made for the sanitary disposal of animal
wastes and for complying with all relevant Board of Health regulations.
The following additional conditions shall apply to the keeping
of horses or ponies:
1. Fencing adequate to restrain such animals shall be installed and
shall be no closer than five feet to a property line.
2. A minimum lot size of two acres for the first animal and one acre
for each additional animal is required. For lots larger than 10 acres,
this requirement may be reduced upon the issuance of a special permit
by the Zoning Board of Appeals upon its finding that all other conditions
of Section 6.2 are met; that under the particular circumstances the
proposed reduction will not be detrimental to the neighborhood; and
that the Board of Health approves the keeping of the number of animals
proposed.
3. In acting upon such special permits under Appendix A, Table 1, Table
of Use Regulations, subsection F.6.b, the Zoning Board of Appeals
shall consider the proximity of existing dwellings, provisions of
sound, odor, dust and drainage control and potential problems caused
by the movement and storage of horse trailers.
This section has been adopted to ensure public safety by reducing
the interaction of pedestrians, bicyclists, runners, and recreational
users with automotive traffic; to reduce reliance on autos for in-town
travel; to reduce the impact of heavy traffic volumes on local roads;
to encourage safe, healthful and self-reliant means of transportation;
to encourage linkages between neighborhoods.
To achieve these objectives, it is the goal of the Town to promote,
whenever possible in the development process, provision for pedestrian,
bicycle, or other connection paths that connect residential housing,
adjacent neighborhoods, schools, recreational sites, open space, downtown
services, places of work or any other community assets, and that will
provide safe, efficient, alternative ways of transportation and encourage
a greater sense of community.
The Zoning Board of Appeals may issue a special permit for an
amateur radio facility (tower or antenna) subject to the requirements
of Section 6.4.
The application shall include a site plan showing the dimensions
of the lot upon which the amateur radio tower is to be erected; the
location of the tower base, and a notation as to the height of the
tower; distances to property lines; the location of any anchor guys;
and such other reasonable information as the Board may require to
properly review the application. The applicant shall submit information
giving the specifications for the tower materials and details for
footing and guying.
1. The height of an amateur radio tower, inclusive of its appurtenant
devices, shall not exceed 100 feet, and no dish antenna may be mounted
on an amateur radio tower.
2. For purposes of public safety an amateur radio tower may not be erected
nearer to any property line than a distance equal to the vertical
height of the tower inclusive of any appurtenant devices measured
from the base of the tower.
3. A ground mounted amateur radio tower shall be located in the rear
yard only. A tower or antenna affixed to a residential structure shall
be located on the side or rear of such structure.
4. In order to provide for visual buffering the Board may require fencing
or vegetative screening at the base of an amateur radio tower.
5. For purposes of safety the Board may require a fence or locked gate
surrounding the base of an amateur radio tower of a height determined
by the Board to be sufficient to restrict unauthorized access.
6. No portion of an amateur radio tower shall be utilized as a sign
or have signage attached to it.
7. An amateur radio tower shall be dismantled by the applicant if the
Building Commissioner determines the tower to be structurally unsound
and a danger to life and limb.
A special permit for an amateur radio tower is not transferable.
Within 120 days of the transfer of the lot upon which the tower is
situated, the new owner shall either apply for a new special permit
or dismantle the tower.
A proposal for a child care facility to be located in a new
building shall be subject to the site plan review provisions of Section
9.5.
A child care facility shall comply with the zoning requirements
of the zoning district in which it is located, with the following
additional requirements:
1. A child care facility proposed as new construction or in existing
structures in the SRA, SRB and SRC Districts shall meet the following
zoning requirements:
a.
The minimum lot area for a facility shall be one acre;
b.
The facility shall be located in the principal structure on
the property; and
c.
The maximum building coverage of the facility shall not exceed
3,000 square feet.
2. At least 35 percent of the minimum lot area shall be retained in
open space. Open space shall mean areas without structures, parking
lots, or driveways.
3. A minimum of one off-street drop-off/pickup area per 25 children
shall be provided on the premises.
4. Outdoor play areas and parking lot areas located along property lines
common with residential property or property zoned as SRA, SRB, or
SRC shall be screened with not less than a six-foot high sight obscuring
fence or wall or with evergreen plants five feet in height at the
time of planting.
5. A copy of the license from the Massachusetts Department of Early
Education and Care or successor department or agency fulfilling substantially
the same function authorizing the child care facility and indicating
the number of children the facility is licensed for shall be filed
with the Planning Department prior to the issuance of a certificate
of occupancy.
This section shall apply to the importing, exporting, or regrading
of earth materials as defined in Section 10. Except on land in public
use, no person shall conduct or cause to be made any earth movement
activities for purposes not in conformity with the intent and purpose
of Section 6.6. Earth movement activities as described above and defined
shall be in accordance with one of the following procedures.
1. A special permit from the Planning Board shall be required for any
earth movement undertaken in connection with the construction of streets
in a subdivision. Whenever and wherever possible, cuts and fills associated
with the construction of streets shall be balanced to minimize movement
of materials on or off the right-of-way.
2. A special permit from the Planning Board shall be required for earth
movement associated with the preparation of lots in a subdivision.
Under such a permit, regrading shall be in conformity with the slope
requirements set forth in Section 4.1.4.5. Changes in the final elevations
from those shown on the definitive plan shall be limited to less than
one foot.
3. Applications for special permits for earth movement shall, at a minimum,
indicate the quantity and composition of materials to be regraded,
imported, or exported, the estimated number of truckloads involved,
the purpose for which the materials are to be moved, and the location
of the site on which the earth movement will be conducted. All calculations
pertaining to the quantity of earth materials involved shall be prepared
and certified by a registered professional engineer.
4. Before granting any special permit under Section 6.6.2.1, 6.6.2.2,
or 6.6.2.3, the Planning Board must find that the subdivision plan
as a whole makes the best feasible design of existing topography,
and in making such finding the Board shall take into account the magnitude
of the change in topography resulting from the subdivision plan, the
extent of cuts and fills, the amounts of earth materials involved,
the removal of existing vegetation, the preservation and protection
of significant natural topographic features such as eskers, streams,
mature vegetation, and rock outcrops, and the type and size of the
subdivision plan, whether it be conventional or cluster. The Board
shall consider the effects on adjacent properties and streets resulting
from the earth movement activities and may impose and set forth in
the permit restrictions and conditions as deemed reasonable and in
the public interest, including but not limited to the following:
a.
The duration of time during which the special permit may be
exercised;
b.
The extent, depth and contours of the land;
d.
The proximity to any public way;
e.
The hours during the day during which the activities may be
conducted;
f.
The hours of the day during which vehicles may be loaded or
unloaded and the times during which such vehicles may enter or leave
the property;
g.
The use of covers over earth materials in vehicles involved
in transporting earth materials; and
h.
The cleaning of street surfaces during and following the transport
of earth materials.
5. Earth movement associated with the preparation of a specific building
lot may take place only after the issuance of a building permit by
the Building Department, and the earth moving activities shall be
subject to the provisions of all applicable special permits issued
by the Planning Board. Earth movement solely associated with the required
standards for construction or installation of a sewage disposal system
is allowed subject to a report from the Board of Health certifying
that the volumes of the earth materials are required for the disposal
system and that the materials are solely associated with the required
standards for construction or installation of the system. This report
shall be submitted to the Planning Board as part of the application
for a special permit.
1. Regrading or importing of less than 300 cubic yards or exporting
of less than 50 cubic yards of earth materials during any three-year
period is permitted. Where volumes in excess of these limits are desired,
application must be made to the Inspector of Buildings for an earth
moving permit. All regrading shall be in conformity with the slope
requirements set forth in section 4.1.4.5 and shall be limited to
less than 800 cubic yards on lot areas less than one acre and 800
cubic yards per acre of lot area on lots greater than one acre. Importing
or exporting shall be limited to 500 cubic yards per acre of lot area
up to a maximum of 2,000 cubic yards for any single lot.
2. The application shall contain the information required under section
6.6.2.3 above. All calculations pertaining to the quantity of earth
materials involved shall be prepared and certified by a registered
professional engineer.
3. The Building Commissioner may impose and set forth in the permit
restrictions and conditions as deemed reasonable and in the public
interest, including but not limited to the conditions set forth in
sections 6.6.2.4 a through h above.
4. Regrading, importing, or exporting of earth materials in excess of
the limits specified in section 6.6.3 shall be permitted only if specifically
required by the Board of Health for the construction of sewage disposal
systems. A report from the Board of Health certifying the same shall
be submitted to the Building Department.
Regrading, importing, or exporting of earth materials incidental
to construction or improvements in Apartment, Business, or Industrial
Districts shall be subject to the provisions of sections 7.5, 7.6,
7.7.2, 7.7.3, 7.8, and 9.5 that require site plan approval by the
Planning Board.
A special permit from the Zoning Board of Appeals shall be required
for earth movement not covered under the provisions of sections 6.6.2,
6.6.3, and 6.6.4. Regrading or importing of less than 300 cubic yards
or exporting of less than 50 cubic yards of earth materials during
any three-year period is allowed without special permit.
The purpose of this Section 6.7 is to encourage and regulate
the creation, construction, and operation of new solar energy installations
by defining requirements for the placement, design, construction,
operation, monitoring, modification, and removal of such installations
that:
b. minimize impacts on scenic, natural, and historic resources; and
c. provide adequate financial assurance for the eventual decommissioning
of such installations.
Section 6.7 applies to solar energy systems proposed to be constructed
after the effective date of this section, excluding those installed
by or on behalf of the Town or on Town property. The section also
pertains to physical modifications that materially alter the type,
configuration, or size of such installations or related equipment.
The Planning Board shall act as the Special Permit Granting
Authority.
Any installation of ground-mounted solar shall meet the following
standards.
1. The construction and operation of all solar energy systems shall
be consistent with all applicable local, state, and federal requirements,
including but not limited to all applicable safety, construction,
electrical, and communications requirements. All buildings and fixtures
forming part of a solar energy installation shall be constructed in
accordance with the State Building Code.
2. Solar energy systems, ground-mounted small-scale and medium-scale,
shall be allowed as an accessory use in rear yards and side yards,
but not in front yards, provided that they:
a.
Are not located nearer to any property line of the rear yard
than 10 feet or the system height, whichever is greater;
b.
Comply with the minimum setback requirements for side yards
in the particular district, and
c.
Do not exceed 15 feet in height in a residential district.
3. Landscaping that visually buffers the solar energy system from adjacent
properties, including, but not limited to, walls and fences, shall
be properly maintained.
4. Solar energy systems and access drives shall not be allowed within
critical habitats, wetlands and wetland buffer zones unless approved
by the Conservation Commission or Massachusetts Department of Environmental
Protection.
In addition to the standards in Section 6.7.3, the following
standards shall apply to Medium-Scale and Large-Scale Solar Energy
Systems.
1. The size of a solar energy system as an accessory use within the
residential and business districts shall be limited to that needed
to generate energy consumed on-site on an annual basis as documented
by prior energy usage and any permitted improvements within the next
year and included in the special permit application.
2. For ground-mounted installations requiring a special permit, reasonable
efforts, as determined by the Planning Board, shall be made to minimize
visual impacts by preserving natural vegetation, screening abutting
properties, or other appropriate measures. The Planning Board may
also require that ground-mounted installations not occlude building
signage or entry ways.
3. Any solar carport system for non-residential use must have a minimum
clearance for emergency vehicles.
4. Lighting of ground-mounted solar energy systems shall be consistent
with local, state, and federal law. Lighting of the system's
components, including appurtenant structures, shall be limited to
what is required for safety and operational purposes, and shall be
reasonably shielded from abutting properties. Where feasible, lighting
shall be directed downward and shall incorporate full cut-off fixtures
to reduce light pollution.
5. Signs affixed to or associated with ground-mounted solar energy installations
shall comply with section 5.2. A sign consistent with section 5.2
shall be required to identify the owner and provide an up-to-date
24-hour emergency contact phone number.
6. Reasonable efforts shall be made to place all utility connections
from the solar installations underground, depending on appropriate
soil conditions, shape, and topography of the site and any requirements
of the utility provider. Electrical transformers for utility interconnections
may be above ground if required by the utility provider.
7. Clearing of natural vegetation shall be limited to what is necessary
for the construction, operation, and maintenance of the installation
or otherwise prescribed by applicable laws, regulations, and bylaws.
8. For large-scale ground-mounted solar energy systems, height, front,
side, and rear setbacks shall meet the dimensional requirements of
the district.
9. The installation owner or operator of a ground-mounted solar energy
system may be required to provide a copy of the project summary, electrical
schematic, and site plan to the Fire Chief. Upon request the owner
or operator shall cooperate with local emergency services in developing
an emergency response plan. All means of shutting down the solar energy
installation shall be clearly marked. The owner or operator shall
identify a responsible person for public inquiries throughout the
life of the installation.
10.
The solar energy system owner or operator shall maintain the
facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, and integrity of security
measures. Site access shall be maintained to a level acceptable to
the Fire Chief and Emergency Medical Services. The owner or operator
shall be responsible for the cost of maintaining the solar energy
installation and any access road(s), unless accepted as a public way.
11.
Any ground-mounted solar energy system that has reached the
end of its useful life or has been abandoned shall be removed. The
owner or operator shall remove all structures associated with the
solar energy system within one year of the cessation of said use.
The owner or operator shall notify the Building Department by certified
mail of the proposed date of discontinued operations and plans for
removal. Decommissioning shall consist of:
a.
Physical removal of all medium-scale and large- scale ground-mounted
solar energy installations, structures, equipment, security barriers
and transmission lines from the site;
b.
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
c.
Stabilization or re-vegetation of the site as necessary to minimize
erosion.
12.
The Planning Board may impose a condition requiring the owner/operator
to post a bond or other financial surety acceptable to the Town in
an amount sufficient to cover the cost of removal and disposal of
the solar energy system.
13.
Access driveways for large-scale ground mounted solar energy
systems shall be constructed to a minimum of 20 feet wide and constructed
for perimeter access. Aisle width access should be reviewed by the
fire department for access for emergency vehicles with a turnaround.
Access drives do not have to be paved.
14.
The land area being disturbed for the installation of large-scale
ground mounted solar installations shall be landscaped to minimize
surface water run-off and soil erosion.
A special permit application shall follow the provisions of
sections 9.5.3 and 9.5.4.
This section shall apply to all unregistered vehicles or vehicles
not in condition for travel.
The following vehicles are exempted from this Section 6.8:
1. Vehicles defined in Appendix A, Table 1, Table of Use Regulations,
subsections F.9 and F.10.
2. Vehicles with current registrations and current inspection stickers;
and
3. Vehicles stored in a garage or other enclosed structure.
Vehicles that are not currently registered and inspected shall
not be stored within view of any public way or abutting residential
property, unless one of the following exceptions applies:
1. One unregistered but operable vehicle may be stored in public view
on a lot if it can be demonstrated that the vehicle was registered
and passed inspection within the twelve-month period from the date
on which the owner of the vehicle is issued written notice that the
vehicle may be in violation of this section.
2. The vehicle is covered with a standard vehicle cover of a type manufactured
and sold for that purpose.
A vehicle not in condition for travel shall be a vehicle that
is in such disrepair that it is inoperable and/or is undergoing major
repairs. The vehicle shall be removed from public view or from the
premises within 48 hours of receipt of written notice from the Building
Department.
A special permit for the construction of a tower to secure wind-energy
conversion systems designed to service the principal use may be granted
by the Zoning Board of Appeals in districts where authorized by Appendix
A, Table 1, Table of Use Regulations, subject to the following requirements
and the special permit provisions of section 9.4.
Application for the construction of a wind-energy tower shall
include the following information:
1. A site plan certified by a registered land surveyor or registered
professional engineer indicating the dimensions of the lot, the proposed
tower location and distances to property lines, existing and/or proposed
building locations, existing and/or proposed overhead utility lines,
and such other reasonable information as the Board may require to
properly review the merit and safety of the proposed tower.
2. A construction plan indicating the manufacturer's specifications
for the tower materials, construction details, and details for footing
and guying.
1. No tower inclusive of its appurtenant device(s) shall exceed 100
feet in height nor be erected nearer to any property line than a distance
equal to the vertical height of the tower inclusive of its appurtenant
device(s) measured at the mean finished grade of the tower base unless
the Board determines such restriction to be unnecessary due to the
shape, topography, use, or ownership of the abutting property and
the Board determines that a reduction to this setback requirement
will not substantially derogate from the intent or purpose of this
subsection.
2. The tower shall be erected in a manner to inhibit unauthorized access,
either in the form of a suitable locked gate and fence surrounding
the base of the tower, an unclimbable section of tower to a height
of 10 feet above the ground, or other means determined suitable by
the Board.
1. The operation of any device authorized by the Board shall not cause
interference to neighboring television and radio reception, and, if
such occurs any time after installation, the applicant shall, in a
timely manner and at their expense, correct the cause of the interference
as determined by a qualified engineer/technician.
2. The operation of any device authorized by the Board shall not emit
noise in excess of the background noise levels measured at the applicant's
property lines, and, if such excess noise occurs any time after installation,
the applicant shall, in a timely manner and at their expense, correct
the cause of the noise as determined by a qualified engineer/technician.
3. The applicant shall maintain the tower and all devices authorized
by the Board in a manner that ensures its continued performance and
safety. It shall be the responsibility of the applicant to annually
inform (in writing) the Building Department that the tower and all
devices are in good operating condition and in continued use.
4. The tower shall be dismantled by the applicant if:
a.
The use of the tower and its devices is discontinued for a period
of two years; or
b.
The Building Commissioner determines the tower to be structurally
unsound and a danger to life and limb; or
c.
The land upon which the tower is situated is transferred and
the new owner does not receive a new special permit for the tower
within 90 days of transfer of the property; or
d.
For any reason the applicant is unable to correct in a timely
manner the interference or excessive noise referred to herein.
The Zoning Board of Appeals may issue a special permit for a
wireless communications facility or other similar communications use
as defined herein in districts where allowed by Appendix A, Table
1; Table of Use Regulations, excluding any office, storage, or repair
use unless otherwise allowed by the regulations of the district.
1.
For purposes of Section 6.10, wireless communications facilities
do not include the following accessory uses or structures:
a.
antennae or dishes used solely for residential household television
and radio reception;
b.
antennae or dishes used for commercial or public purposes that
are not visible from any neighboring property or public way;
c.
dishes used for those purposes measuring 39 inches or smaller
in diameter; and
d.
amateur radio facilities actively used in accordance with the
terms of any amateur radio service license issued by the Federal Communications
Commission (FCC), provided that the tower is not used or licensed
for any commercial use.
2.
Amateur radio facilities shall be subject to the requirements
of Section 6.4. All other wireless communications facilities or other
similar communications uses shall be subject to the following standards
and conditions.
Design provisions for such facilities shall include, but are
not limited to, the following:
1.
Setback and Height. Towers, antenna, antenna
support structures, and other vertical elements of wireless communications
facilities situated on property abutting a residential district or
on a lot in residential use, or upon property in a residential district
shall be set back from the nearest residential lot line, even if that
lot line is in another municipality, a horizontal distance at least
equal to three times their vertical height. In all districts, the
height of wireless communications towers shall not exceed 125 feet
above the ground. In all districts the height of a ground-mounted
dish antenna shall not exceed 18 feet measured from the mean finished
grade of the base.
2.
In non-residential districts, the Special Permit Granting Authority
may allow a lesser setback or greater height if such modification
provides adequate safety, promotes co-location' or improves design,
and will not significantly impact the character and appearance of
the neighborhood. In making a request for a lesser setback, the manufacturer
or qualified licensed designer shall certify that the tower is designed
to collapse upon itself in the event of failure. The Special Permit
Granting Authority may also allow lesser setbacks necessary to allow
for the use of an existing structure.
3.
No new wireless communication facility tower shall be used that
involves a lattice construction, requires three or more legs, and/or
requires guy wire supports.
4.
No tower or other facility shall contain any signs or other
devices for the purpose of advertisement.
5.
The visible portions of support facilities and structures such
as vaults, equipment buildings or enclosures, and utilities shall
be constructed out of and/or furnished with non-reflective materials.
6.
All towers, antenna, antenna support structures, and similar
facilities shall be of neutral colors that are harmonious with, and
blend with, the natural features, buildings, and structures in the
surroundings; provided, however, that such facilities located on the
exterior of a building shall be of colors that match and/or blend
with those of the building.
7.
All building-mounted facilities shall be designed and located
so as to appear to be an integral part of the existing architecture
of the building.
8.
All electronic and other related equipment and appurtenances
necessary for the operation of any wireless communication facility
shall, whenever possible, be located within a lawfully pre-existing
structure or completely below grade. When a new structure is required
to house such equipment, the siting, design, and materials of the
structure shall be harmonious with, and blend with, the natural features,
buildings, and structures in the surroundings.
9.
All satellite dishes shall be of mesh construction, unless technical
evidence is submitted demonstrating that this requirement is infeasible.
Microwave dishes are exempted from this provision.
10.
All wireless communications facilities shall be protected against
unauthorized climbing or other access by the public. No barbed wire
fencing will be acceptable. Access to the pole shall be by cherry
picker only to limit inviting unauthorized access.
11.
Whenever feasible, design and siting of towers shall avoid the
need for application of Federal Aviation Administration (FAA) lighting
and painting requirements. Except as required by the FAA, towers shall
not be artificially lighted. If lighting is required, lighting shall
not be visible from ground level. Provide light shielding or baffling
as required to eliminate light spread on or within setback distances.
12.
The application shall include eight view lines shown in a one-mile
radius from the site, beginning at true north and continuing clockwise
at 45-degree intervals. The view lines shall, to the extent feasible,
be taken from existing vantage points commonly used by the public,
such as public ways, buildings, or facilities. The submittal shall
include unaltered photographs taken from eye level (five feet above
grade) that show the existing condition of these view lines, as well
as accurate scale perspective elevation drawings, computer-altered
photographs or other accurate representations showing the view lines
with the facility in place.
The application for a facility shall include the following information:
1.
A landscape plan identifying all existing vegetation, and indicating
which vegetation is to be retained on the site, and showing all proposed
new vegetation and other landscape treatments.
2.
A site plan prepared by a registered land surveyor or registered
professional engineer showing:
a.
the dimensions of the lot or site;
b.
the location of the proposed facility with distances to property
lines;
c.
existing and/or proposed buildings on or adjacent to the lot
or site;
e.
such other information as the Board may require to properly
review the application; and
f.
all property abutters within 300 feet of the property as mandated
by G.L. c. 40A, s. 11.
3.
Towers equipped with generators shall be reviewed by a Sound
Consultant hired by the Applicant. A certified report assuring acceptable
noise levels based on the proposed installation shall be submitted
with the application.
4.
A report by a qualified Radio Frequency Engineer relating to
(1) a claimed substantial gap in coverage, (2) the proposed facility's
compliance with applicable Federal Communications Commission (FCC),
Massachusetts Aeronautics Commission and Federal Aviation Administration
Commission (FAA) requirements, and (3) coverage maps that include
all of the applicant's existing and planned towers, antennas,
micro-cells, and repeaters in the coverage area and abutting municipalities.
5.
Evidence that there is no alternative site that is available
and technically feasible in Andover or an abutting municipality. Such
evidence shall include an analysis by a qualified Radio Frequency
Engineer of the gaps in coverage if other sites were to be used. If
there is an alternative site that would provide a location to close
the purported substantial gap in coverage, then the applicant must
document all efforts, and results thereof, to evaluate, and obtain
rights to use the alternative site.
6.
Evidence that the applicant has analyzed the feasibility of
using "repeaters", microcells, or other available technology to provide
coverage to the intended service area.
7.
The applicant shall provide written documentation of any facility
sites in the town and in abutting towns or cities in which it has
a legal or equitable interest, whether by ownership, leasehold, or
otherwise. Said documentation shall demonstrate that these facility
sites do not already provide, or do not have the potential to provide
by site adjustment, adequate coverage.
8.
A copy of the most recently recorded plan and deed for the property
on which the Facility will be placed and specific documentation which
shows that the applicant has the legal authority by way of ownership,
purchase and sale agreement, lease, or otherwise to use the subject
property for the intended purpose.
9.
Certification by a structural engineer that the proposed Wireless
Communications Facility is structurally sound.
10.
Design details for the foundation of a proposed tower, the connection
of the proposed tower to the foundation, and the breakaway points
of the proposed tower.
11.
A balloon or crane test and a report thereon as to the aesthetic
effect of a proposed tower are required for a proposed tower. Within
two weeks following the first public hearing, a test shall occur in
accordance with the following requirements. The applicant shall notify
the Special Permit Granting Authority at least five business days
in advance of such test.
a.
A three-foot diameter brightly colored balloon or crane shall
be at the maximum height and at the location of the proposed tower;
b.
The balloon or crane will remain in place for at least eight
hours during daylight hours;
c.
At least five business days prior to the test, the applicant
shall cause notice of the test to be published in a newspaper of general
circulation in the town.
All new wireless communication facilities shall be co-located,
to the maximum extent practicable and technologically feasible, with
one or more existing wireless communications facilities, towers, buildings,
or other structures whose height, locations, and characteristics meet
the needs of the proposed facility.
1.
All new wireless communication towers or support structures
shall be designed, to the maximum extent practicable and technologically
feasible, for co-location of antennas and other necessary facilities
for at least three other wireless communications providers, shall
offer space to all other providers at market rates, and shall provide
for towers that can be extended upward. Any special permit granted
for a new facility under this section may be conditioned upon the
written agreement of the facility operator to allow the co-location
of other wireless communication providers on commercially reasonable
terms.
2.
Any applicant proposing not to co-locate their facility or proposing
to locate their facility in a residential district shall provide written
evidence and documentation demonstrating why it is not feasible for
their facility to be co-located with existing facilities or sited
in other, non-residential districts. Applicant shall be prepared to
submit more than one option based on the above. The Town will have
an independent Radio Frequency Engineer review optional proposed location
to determine its necessity. The Town will have the option of back
charging the applicant for the associated fees.
1.
All telecommunications facilities shall be operated only at
FCC designated frequencies, power levels, and standards, including
FCC Radio Frequency Emissions standards.
2.
The applicant shall provide certification demonstrating that
the maximum allowable frequencies, power levels, and standards will
not be exceeded. Certifications shall include technical specifications,
a written explanation of those specifications, and, if necessary,
field verification.
3.
The Permit Granting Authority may condition any special permit
granted under this section upon a periodic submittal of certification
of compliance with said standards. As is required by the Federal Telecommunications
Act of 1996, there may be no regulation of the telecommunication facilities
on the basis of the environmental effects of radio frequency emissions,
other than as required by the FCC.
All wireless communications facilities shall be maintained in
good order and repair. Paint finishes shall be maintained and repaired
when blemishes are visible from the property line. The applicant shall
provide an inspection schedule and shall file copies of inspections
with the Building Department.
The operator of every wireless communications facility shall
submit to the Building Department copies of all licenses and permits
required by other agencies and governments with jurisdiction over
the design, construction, location, and operation of the facility,
and shall maintain the licenses and permits and provide evidence of
renewal or extension thereof when granted.
All structures associated with a wireless communications use
shall be removed within one year of the cessation of the use. If applicable,
an annual certification demonstrating continued compliance with the
standards of the Federal Communications Commission, Federal Aviation
Administration, and the American National Standards Institute, including
provisions for required maintenance, shall be filed with the Building
Department by the permit holder.
Prior to the issuance of a building permit for a wireless communications
use, the applicant shall post and submit a bond or other financial
surety acceptable to the Town in an amount sufficient to cover the
cost of demolishing and/or removing the facility in the event the
Building Commissioner condemns the property or deems it to have been
abandoned or vacant for more than one year. This amount shall be certified
by an engineer, architect, or other qualified professional registered
to practice in the Commonwealth of Massachusetts. In the event the
posted amount does not cover the cost of demolition and/or removal,
the Town may place a lien upon the property covering the difference
in cost.
The Special Permit Granting Authority may modify any provision
of these standards if it can be demonstrated that it is technically
infeasible to meet these standards or conditions, or that their effect
is to prohibit the proposed use throughout the town, or if such modification
will promote use of existing buildings or structures, co-location
of wireless communications uses, improved safety or design, or otherwise
promote the purposes of Section 6.10.
The Applicant shall not add equipment to an existing tower without
reapplying for the additions and submitting revised emission levels
below current safety guidelines.
At least 10 days prior to each public hearing of the Special
Permit Granting Authority where a public discussion is to occur regarding
any proposed settlement of pending litigation relating to an application
under this section, the Special Permit Granting Authority shall send
notice of such public discussion by first class mail to all abutters
within 300 feet of the proposed Facility.
Prior to operation of the Facility, an engineer must submit
a report to the Building Department, stipulating that the Wireless
Communication Facility as constructed complies with the FCC requirements
and was constructed in accordance with the plans as approved by the
Special Permit Granting Authority. This report shall be submitted
within 10 days of completion of construction of the Facility.