SPECIAL TOWN MEETING
October 5, 1998
Moderator Charles Mann called the meeting to order at 7:38 p.m. in the Memorial Auditorium, Indian Head School with Joseph O’Sullivan, Philip Wyman and James Armstrong appointed and sworn in as tellers.
Town Counsel was Jeanne McKnight from Kopelman and Paige.
The Moderator declared a quorum present.
The Pledge of Allegiance was recited by the Town Meeting.
ARTICLE 1: To see if the Town will vote to transfer from Free Cash or transfer from Reserved Lottery Receipts the sum of $827.16 for an unpaid bill for a prior fiscal year or take any other action in relation thereto.
Proposed by the Highway Surveyor
Finance Committee recommends.
VOTED Aye unanimous to transfer from Reserved Lottery Receipts the sum of $827.16 for an unpaid bill for a prior fiscal year.
ARTICLE 2: To see if the Town will vote to authorize a revolving fund under the provisions of G.L. Chapter 44, Section 53E 1/2 for the use by the Parks and Fields Commission for the sport programs including maintenance and equipment. The receipts will be generated through a recycling program at the Hanson Transfer Station. The Parks and Fields Commission is authorized to expend from the fund for the stated purpose without future appropriation subject to the restrictions contained in G.L. Chapter 44, Section 53E 1/2 an amount not to exceed $15,000.00. Expenditures shall not be made, or liabilities incurred in excess of the balance of the fund at any given time or take any other action in relation thereto.
Proposed by the Parks and Fields Commission
Finance Committee recommends.
VOTED Aye, voice to accept Article 2 as printed in the warrant.
ARTICLE 3: To see if the Town will vote to transfer $3,000.00 from the 1998 May Special Town Meeting Article 15, Park and Fields, to fund a well and irrigation system for Memorial Field or take any other action in relation thereto.
Proposed by the Parks and Fields Commission
VOTED Aye, voice to transfer $3,000.00 from the 1998 May Special Town Meeting Article 15, Parks and Fields, to fund a well and irrigation system for Memorial Field.
ARTICLE 4: To see if the Town will vote to transfer a sum of money from Free Cash to be added to the Stabilization Fund or take any other action in relation thereto.
Proposed by the Board of Selectmen
Finance Committee recommends.
VOTED Aye, voice to transfer $500,000.00 from Free cash to the Stabilization Fund.
ARTICLE 5: To see if the Town will vote to exempt from zoning under the Town of Hanson Zoning Bylaws Section III subsection E. Municipal Exemption, the installation and construction of a Cell Tower on Town property located off Indian Head Street in the Town Forest, or take any other action in relation there to.
Proposed by the Board of Selectmen
VOTED Aye, voice to Table Article 5 and take it up at the end of the Town Meeting.
SEE: The vote on Article 5 after Article 32.
ARTICLE 6 : To see if the Town will vote to transfer from free cash or transfer from reserved lottery receipts $20,000 to Article 5, Line 94, Other Tuition and Transportation of the 1998 Annual Town Meeting or take any action in relation thereto.
Proposed by the Board of Selectmen
Explanation: Necessitated by two extra students and the need to provide (with 6 other towns) transportation from Rockland to Norfolk County Agricultural School.
Finance Committee recommends.
VOTED Aye unanimous to transfer from Reserved Lottery Receipts $20,000.00 to Article 5, Line 94, Other Tuition and Transportation of the 1998 Annual Town Meeting.
ARTICLE 7: To see if the Town will vote to transfer from free cash or transfer from reserved lottery receipts $10,000 to Article 5 Line 16 Engineering of the 1998 Annual Town Meeting or take any action in relation thereto.
Proposed by the Board of Selectmen
VOTED Aye unanimous to transfer from Reserved Lottery Receipts $10,000.00 to Article 5, Line 16, Engineering, of the 1998 Annual Town Meeting.
ARTICLE 8: To see if the Town will vote to accept as Town ways: Acorn Road, Forest Trail, Greenbrier Lane, Lexington Street, Hammond Road, Chandler Mill Road, Country Lane, Donna Drive, and June Elaine Drive, and to see if the Town will further vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain an easement to use said street for all purposes for which public ways are used in the Town of Hanson, and to appropriate therefor the sum of $1.00;
Acorn Road as shown on the plan entitled “Subdivision of Land off Whitman St.”, dated June 6, 1969, prepared by Yunits Engineering Co., Inc.
Forest Trail as shown on the plan entitled “Subdivision of Land off Whitman St.”, dated June 6, 1969, prepared by Yunits Engineering Co., Inc.
Greenbrier Lane as shown on the plan entitled “Whitman St., Hanson”, dated May 11, 1970 prepared by Yunits Engineering Co., Inc.
Lexington Street as shown on “Plan & Profile, Hanson, Ma., dated October 11, 1982 prepared by Deca Land Surveys, Inc.
Hammond Road as shown on a plan entitled “Hammond Road”, dated July 2, 1998 prepared by Land Planning, Inc.
Chandler Mill Road as shown on a plan entitled “Lotting Plan Definitive Subdivision Plan” dated November 28, 1986 prepared by Vautrinot & Webey.
Country Lane as shown on a plan entitled “Plan of Land - Lot Layout” dated November 21, 1984 prepared by Malcolm Shaw Co.
Donna Drive as shown of a plan entitled “Definitive Plan Layout - Hanson” dated September 13, 1971 prepared by Roy C. Anderson.
June Elaine Drive as shown on plan entitled “Subdivision Plan of June Elaine Drive” dated May 17, 1985 prepared by Vautrinot & Webey.
or take any other action in relation thereto.
Proposed by the Board of Selectmen and the Street
Acceptance Committee
Finance Committee refers to Town Meeting.
VOTED Aye unanimous as printed in the warrant.
ARTICLE 9: To see if the Town will vote to transfer from free cash or transfer from reserved lottery receipts, transfer from stabilization a sum of money for additional work needed at the Town Hall or take any other action in relation thereto.
Proposed by the Town Hall Building Committee
Finance Committee recommends.
VOTED Aye, voice to transfer $82,955.16 from Free Cash and transfer $67,044.84 from Reserved Lottery Receipts for funds needed for additional work needed to finish the Town Hall.
ARTICLE 10: To see if the Town will vote to transfer a sum of money from Article 8 of the May 1997 Annual Town Meeting to the Capital Improvement Fund, take any other action in relation thereto:
Proposed by the Capital Improvement Committee
VOTED Aye unanimous to Pass Over
ARTICLE 11: To see if the Town will vote to transfer from the Capital Improvement Fund a sum of money to conduct engineering study and report for the roof at Maquan School or take any other action in relation thereto.
Proposed by the Capital Improvement Committee
VOTED Aye unanimous to Pass Over.
ARTICLE 12: To see if the Town will vote to transfer from the Capital Improvement Fund a sum of money to lease or purchase a van for the Senior Center or take any other action in relation thereto.
Proposed by the Capital Improvement Committee
VOTED Aye unanimous to Pass Over.
ARTICLE 13: To see if the Town will vote to transfer from the Capital Improvement Fund a sum of money for construction of new drainage at various sites in Town or take any other action in relation thereto.
Proposed by the Capital Improvement Committee
VOTED Aye unanimous to Pass Over.
ARTICLE 14: To see if the Town will vote to transfer from free cash or reserved lottery receipts a sum of money to purchase a fourteen passenger van to benefit the Town of Hanson Senior/homebound residents and the Council for Elder Affairs or take any other action in relation thereto.
Proposed by the Council for Elder Affairs
Finance Committee recommends.
VOTED Aye unanimous to transfer from Free Cash the sum of $8,000.00 towards the purchase of an eleven (11) passenger van with handicapped access to benefit the Town of Hanson Senior/homebound residents and the Council for Elder Affairs.
ARTICLE 15: To see if the Town will vote to transfer the sum of $2,311.00 from Elder Affairs Building Maintenance, Line 24 of the 1998 May Annual Town Meeting to Elder Affairs Custodian, Line 23, of the 1998 May Annual Town Meeting for an increase in custodial hours or take any other action in relation thereto.
Proposed by the Council for Elder Affairs
Finance Committee does not recommend.
VOTED Aye 56, Nay 37 to transfer the sum of $2,311.00 from Elder Affairs Building Maintenance, Line 24 of the 1998 May Annual Town Meeting to Elder Affairs Custodian, Line 23, of the 1998 May Annual Town Meeting for an increase in custodial hours.
ARTICLE 16: To see if the Town will vote to transfer from Free Cash or transfer from Article 5 Line 78 VNA Services of the 1998 Annual Town Meeting $1500 to Article 5, Line 80, Elder Affairs Other Wages or take any other action in relation there to.
Proposed by the Council for Elder Affairs
VOTED Aye, voice to transfer from Article 5, Line 78, VNA Services, of the May Annual 1998 Town Meeting $1,500.00 to Article 5, Line 80, Elder Affairs Other Wages.
ARTICLE 17: To see if the Town will vote to transfer from free cash or transfer from reserved lottery receipts a sum of money to Article 5, line 30, Clerical Wages of the May 1998 Annual Town Meeting, or take any other action in relation thereto.
Proposed by the Planning Board
Finance Committee does not recommend.
VOTED Aye, voice to transfer from Free Cash the sum of $1,626.78 to Article 5, Line 30, Clerical Wages of the May 1998 Annual Town Meeting.
ARTICLE 18: To see if the Town will vote to amend the General Bylaws of the Town of Hanson Article 2-2, Board of Selectmen, Section 4, by deleting the last sentence and inserting the following:
“They shall cause the Annual Reports of the Town to be printed and shall cause a copy to be delivered to every occupied dwelling in the Town at least 14 days prior to the Annual Town Meeting.
or take any other action in relation thereto.
Proposed by the Planning Board
Finance Committee does not recommend.
VOTED Nay, voice to amend the General Bylaws of the Town of Hanson Article 2-2, Board of Selectmen, Section 4, by deleting the last sentence and inserting the following:
“They shall cause the Annual Reports of the Town to be printed and shall cause a copy to be delivered to every occupied dwelling in the Town at least 14 days prior to the Annual Town Meeting.
ARTICLE 19: To see if the Town will vote to amend the General Bylaws of the Town of Hanson, Article 2-10, Finance Committee, Section 3 as follows:
In the third (3rd) sentence, after the word “Report” insert the following “at least 14 days”.
In the fourth (4th) sentence: after the word “preparer”, insert the following: “at least 14 days”
or take any other action in relation thereto.
Proposed by the Planning Board
Finance Committee does not recommend.
VOTED Aye 65, Nay 29 to amend the General Bylaws of the Town of Hanson, Article 2-10, Finance Committee, Section 3 as follows:
In the third (3rd) sentence, after the word “Report” insert the following “at least 14 days”.
In the fourth (4th) sentence: after the word “preparer”, insert the following: “at least 14 days”
ARTICLE 20: To see if the Town will vote to establish a Sewer Commission with the Board of Water Commissioners of the Town of Hanson assuming the duties of that Commission or take any other action in relation thereto.
Proposed by the Board of Water Commissioners
Finance Committee refers to Town Meeting.
VOTED Aye unanimous to establish a Sewer Commission with the Board of Water Commissioners assuming the duties of said Sewer Commission.
ARTICLE 21: To see if the Town will vote to amend Section 11B, Line C of the Personnel Classification and Compensation By-Law of the General By laws to read:
FY98
Youth Services/Children’s Librarian; $25.480/$14.00 hr. to
Reference Librarian; Technical Services Librarian $29,120/$16.00 hr.
(all 3 positions - same salary range)
or take any other action in relation thereto.
Proposed by the Board of Library Trustees
VOTED Aye unanimous to Pass Over.
ARTICLE 22: To see if the Town will vote to transfer $1,677.00 from Reserved Lottery Receipts to Line 89, May 1998 Annual Town Meeting, Library Other Wages or take any other action in relation thereto.
Proposed by the Board of Library Trustees
VOTED Aye unanimous to Pass Over.
ARTICLE 23: To see if the Town will vote to transfer from free Cash a sum of money to be added to the 1998 May Special Town Meeting, Article 10, to replenish the monies used for the beautification of the Town’s traffic islands or take any other action in relation thereto.
Proposed by Frances Forte and others
VOTED Aye, voice to transfer from Free Cash the sum of $1,200.00 to be added to the 1998 May Special Town Meeting, Article 10, to replenish the monies used for the beautification of the Town’s traffic islands.
ARTICLE 24: To see if the Town will vote to accept the following By-Law concerning violation of open burning:
Any person, firm, company; corporation who is proven to be the responsible party conducting open burning without a permit, or in violation of a permit issued, and the rules/regulations that apply to said open burning permit, shall be held responsible as follows:
1st Offense - Loss of permit (if they have one), written warning, no eligibility for open burning permit for two (2) years.
2nd Offense - Same as 1st offense - plus a charge for apparatus that responds and personnel cost as follows: for each fire apparatus - a flat charge of $250.00
for each firefighter/officer - 22.5 times payroll costs
3rd, and Other Offenses - same as #2
Any responsible party who has a valid permit, has followed the regulations, and circumstances require the response of the Fire Department - will not be considered in violation and, therefore, no action will be taken.
In the case of refusal to compensate the Town, the Board of Selectmen shall be authorized to take action they deem appropriate on behalf of the Town.
or take any other action in relation thereto.
Proposed by the Fire Chief.
Finance Committee refers to Town Meeting.
VOTED Nay, voice to amend the General Bylaws of the Town by adding
ARTICLE 3-16 FIRE DEPARTMENT REGULATIONS
“Any person, firm, company; corporation who is proven to be the responsible party conducting open burning without a permit, or in violation of a permit issued, and the rules/regulations that apply to said open burning permit, shall be held responsible as follows:
1st Offense - Loss of permit (if they have one), written warning, no eligibility for open burning permit for two (2) years from the date of the offense.
2nd Offense - Same as 1st offense - plus a charge for apparatus that responds and personnel cost as
follows:
for each Fire Department apparatus - a flat charge of $250.00
for each firefighter/officer - 2.25 times payroll costs
3rd and Subsequent Offenses - same as 2nd offense.
Each of these offenses as determined by the Fire Chief or his designee.
ARTICLE 25: To see if the Town will vote to amend the fee for Fire Department inspections as follows:
Inspection Fees
1st Inspection $ 25.00
If necessary
2nd Inspection $ 50.00
If necessary
3rd Inspection $100.00
If necessary
4th Inspection $150.00 each time thereafter
If necessary
or take any other action in relation thereto
Proposed by the Fire Chief
Explanation: There has been a dramatic increase in the level of inspections
Finance Committee refers to Town Meeting.
VOTED Nay, voice to amend the fee for Fire Department inspections as follows:
INSPECTIONS FEES
1st Inspection $25.00
All subsequent Inspections $25.00
ARTICLE 26: To see if the Town will vote to transfer from Free Cash or transfer from the Additional Lottery Receipts the sum of $1,031.00 to be reimbursed to a Hanson Fire Fighter for an EMT I course taken during the prior fiscal year or take any other action in relation thereto.
Proposed by the Fire Chief
VOTED Aye unanimous to transfer from the Additional Lottery Receipts the sum of $1,031.00 to reimburse a Hanson Firefighter for an EMT I course taken during the prior fiscal year.
ARTICLE 27: To see if the Town will vote to transfer from Free Cash or transfer from the Additional Lottery Receipts a sum of money to be added to the 1998 Annual Town Meeting, Article 12, Exhaust System for the Liberty Street Fire Station or take any other action in relation thereto.
Proposed by the Fire Chief
VOTED Aye, voice to transfer from Free Cash the sum of $10,500.00 to be added to the 1998 Annual Town Meeting, Article 12, Exhaust System for the Liberty Street Fire Station .
ARTICLE 28: To see if the Town will vote to raise through borrowing the sum of $216,319 in anticipation of reimbursement from the state under Chapter 113, Acts of 1996, Section 2 (A) for continuing state aid construction of public highways approved by the Board of Selectmen and the Massachusetts Highway Department or take any other action in relation thereto.
Proposed by the Highway Surveyor
Finance Committee recommends.
VOTED Aye unanimous to raise through borrowing the sum of $216,319 in anticipation of reimbursement from the State under Chapter 113, Acts of 1996, Section 2 (A) for continuing State Aid Construction of public highways approved by the Board of Selectmen and the Massachusetts Highway Department .
ARTICLE 29: To see if the Town will vote to raise through borrowing the sum of $212,380 in anticipation of reimbursement from the state under Chapter 11, Acts of 1997, Section 2B for continuing state construction of public highways approved by the Board of Selectmen and the Massachusetts Highway Department or take any other action in relation thereto.
Proposed by the Highway Surveyor
Finance Committee recommends.
VOTED Aye unanimous to raise through borrowing the sum of $212,380 in anticipation of reimbursement from the State under Chapter 11, Acts of 1997, Section 2B for continuing state construction of public highways approved by the Board of Selectmen and the Massachusetts Highway Department .
ARTICLE 30: To see if the Town will vote to amend the Hanson Zoning Bylaws by deleting Section VII, B.4. in its entirety and insert in its place as follows:
4. The minimum required frontage may be reduced to forty feet (40’) in a residential district according to the provisions of this section. Back lots with less than the required frontage, commonly known as “hammerhead” or “porkchop” lots, shall be subject to the following requirements:
a. All setbacks shall be at least fifty feet (50’).
b. Each hammerhead lot must be serviced by its own separate driveway located in the access portion of the lot.
c. the width of the lot between the street line and the proposed building setback line shall be no less than forty feet (40’), which area shall be known as the access portion of the lot.
d. No access portion of another hammerhead lot shall be allowed to abutt within that distance equal to the frontage requirement of the zoning district of the lots.
e. One (1) building for residential use shall be permitted and buildings shall comply with maximum percent coverage requirements.
f. The area of the lot exclusive of the access portion shall be twice that otherwise required in the applicable zoning district.
g. No more than ten (10) percent of the total number of lots in a definitive subdivision plan may be hammerhead lots, (rounded to the nearest lot). In the case of a definitive subdivision plan of less than ten lots, one (1) hammerhead lot shall be permitted.
or take any other action in relation thereto.
Proposed by Planning Board
Finance Committee refers to Town Meeting.
VOTED Aye unanimous to amend the Hanson Zoning Bylaws by Deleting Section VII,B.4., in its entirety and insert in its place as printed in the warrant.
ARTICLE 31: To see if the Town will vote to amend the Hanson Zoning Bylaws, Section VII, and add a new section entitled “K. Personal Wireless Service Facilities” and take any other action thereto.
K. Personal Wireless Service Facilities
1. Purpose and Intent. It is the express purpose of this bylaw to minimize the visual and environmental impacts of personal wireless service facilities, consistent with the provisions of Section 253 and 704 of the Federal Telecommunications Act of 1996. The Bylaw enables the review and approval of personal wireless service facilities by the Town’s Zoning Board of Appeals in keeping with existing bylaws and historic development patterns. It sets standards which are intended to preserve the safety, character, appearance, property values, natural resources and historic sites of the Town and mitigate any adverse visual effects through proper design, location and screening of structures and to encourage co-location of antennas where feasible in order to minimize the total number of sites required.
2. Scope. Section K shall apply to all wireless telecommunications antennas and towers and related equipment, fixtures and enclosures, including any modifications to any of the preceding, but shall not apply to fire, police, ambulance and other safety communications antennas, amateur (ham) radio or citizens band radio antennas, or to non-transmitting television antennas.
3. District Regulations. Applications for personal wireless service facilities will only be considered in the Commercial-Industrial zoning district
4. Use Regulations. A personal wireless service facility shall require a building permit in all cases, and may be permitted as follows:
a) A personal wireless service facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Section 6 b) below. Such installations shall not require a Special Permit but shall require site plan approval by the Zoning Board of Appeals.
b) A personal wireless service facility involving construction of one or more ground or building (roof or side) mounts shall require a Special Permit. Such facilities may locate by Special in all zoning districts within the Town, provided that the proposed use complies with the height and setback requirements of Section 6 and all of the Special Permit Regulations set forth in Section 7 of this bylaw.
c) A personal wireless service facility that exceeds the height restrictions of Sections 6 (a-c) may be permitted by Special Permit in the Commercial-Industrial District provided that the proposed facility complies with the height restrictions of Section 6.d), and with all the setback and Special Permit Regulations set forth in sections 6 and 7 of this bylaw.
5. Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:
a) If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. The applicant may have the burden of proving that there are no feasible existing structures upon which to locate.
b) If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping and placement within trees to create an effective year-round visual buffer.
c) The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a building and/or Special Permit.
6. Dimensional Requirements. personal wireless service facilities shall comply with the following requirements:
a) Height, General. The height of a personal wireless service shall not exceed by more than ten (10) feet the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney or similar structure. Personal wireless service facilities may locate on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height.
b) Height, Existing Structures. New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw: Water towers, guyed towers, lattice towers, fire towers and monopoles, provided that:
1. Location on existing water towers will be subject to approval of the methods and maintenance procedures required by the Hanson Water Department.
2. There is no increase in height of the existing structure as a result of the installation of a personal wireless service facility.
c) Height, Existing Structure, (Utility). New antennas located on any of the following existing structures shall be exempt from the height restrictions of this bylaw provided that there is no more than a twenty (20) foot increase in the height of the existing structure as a result of the installation of a personal wireless service facility: electric transmission and distribution towers, telephone poles and similar existing utility structures. This exemption shall not apply in Historic Districts, or within 150 feet of the right-of-way of any scenic roadway.
d) Height, Commercial-Industrial Zoning District. Personal wireless service facilities of up to 150 feet are permitted by Special Permit. These taller structure shall be of non-guyed design, and shall comply with all setback and Special Permit Regulations set forth in this bylaw.
e) Setbacks. All personal wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:
1. The minimum distance from the base of any ground-mounted personal wireless service facility to any property line, public way, habitable dwelling, shall be three (3) times the height of the facility/mount, including any antennas or other appurtenances.
2. In the event that an existing structure is proposed as a mount for a personal wireless service facility, the setback provisions of the underlying zoning district shall apply. In the case of pre-existing non-conforming structures, personal wireless service facilities and their equipment shelters shall not increase any non-conformities, except as provided in Section 6.e) 3. below.
3. Flexibility. In reviewing a Special Permit application for a personal wireless service facility, the Zoning Board of Appeals may reduce the setback by as much as 1/3 of the required distance, if it finds that a substantially better design will result from such a reduction. In making such a finding, the Zoning Board of Appeals shall consider both the visual and safety impacts of the proposed use.
Section 7. Special Permit Regulations. All personal wireless service facilities shall comply with the Performance Standards set forth in this section.
Section 8. Design Standards.
A. Visibility/Camouflage. Personal wireless service facilities shall be camouflaged as follows: a buffer of dense tree growth shall surround all ground-mounted equipment shelters which are not camouflaged by existing buildings or structures.
A.1 Camouflage by Existing Buildings or Structures:
1. When a personal wireless service facility extends above the roof height of a building on which it is mounted, every reasonable effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building’s silhouette.
2. Personal wireless service facilities which are side mounted shall blend with the existing building’s architecture and, if over five (5) square feet, shall be painted or shielded with material which is consistent with the design features and materials of the building.
A.2 Color.
1. Personal wireless service facilities which are side mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
2. To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding them, they shall be painted in a light gray or light blue hue which blends with sky and clouds to the extent that such requirements do not violate applicable FAA regulations.
B. Equipment Shelters. Equipment shelters for personal wireless service facilities shall be designed consistent with one of the following design standards:
1. Equipment shelters shall be located in underground vaults; or
2. Equipment shelters shall be designed to be consistent with the architectural styles, materials and roof design typical of the district in which the facility is located.
3. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer and/or wooden fence, equal to the height of the proposed building. The Zoning Board of Appeals shall determine the style of fencing and/or landscape buffer that is compatible with the area.
C. Lighting and Signs
1. Personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the property to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade.
2. Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All such signs shall comply with the requirements of the bylaw.
D. Historic Buildings and Districts
1. Any personal wireless service facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods or original historic materials of the building.
2. Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible.
3. Personal wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.
E. Scenic Landscapes and Vistas
1. Equipment shelters shall not be located within open areas that are visible from public roads or residential development. As required in Section 8.A, a buffer of dense tree growth shall surround all ground-mounted equipment shelters, which are not camouflaged by existing buildings or structures.
2. Any personal wireless service facility that is located within 300 feet of a scenic vista, scenic landscape or scenic road as designated by the Town shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic vista, scenic landscape or scenic road, the height regulations described elsewhere in this bylaw will apply.
Section 9. Environmental Standards
a) Personal wireless service facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized.
b) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on site.
c) Storm water run-off shall be contained on-site.
d) Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 dB at the property line.
e) Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50dB at ground level at the base of building closest to the antenna.
Section 10. Safety Standards
a) Radio Frequency Radiation (RFR) Standards. All equipment proposed for a personal wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation.
b) A security barrier shall surround all ground mounted personal wireless service facilities.
Section 11. Application Procedures.
Section 12. Special Permit Granting Authority. The Special Permit Granting Authority for personal wireless service facilities shall be the Zoning Board of Appeals (ZBA).
Section 13. Application Filing Requirements. The following shall be included with an application for a Special Permit for all personal wireless service facilities.
A. General Filing Requirements
1. Name, address and telephone number of applicants and any co-applicants as well as any agents for the applicants or co-applicants.
2. Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.
3. A licensed carrier shall either be an applicant or a co-applicant.
4. Original signatures for the applicant and all co-applicants applying for the Special Permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photo reproductions of signatures will not be accepted.
B. Location Filing Requirements
1. Identify the subject property by including the Town as well as the name of the locality, name of the nearest roads or roads and street address, if any.
2. Tax map and parcel number of subject property.
3. Zoning district designation for the subject parcel.
4. A line map to scale showing the lot lines of the subject property and the location of all buildings, including accessory structures, on all properties shown within 300 feet of the proposed wireless service facility.
5. The proposed locations of all existing and future personal wireless service facilities in the Town on a Town-wide map for this carrier.
C. Siting filing Requirements
C.1 A one-inch-equals 40 feet vicinity plan showing the following:
1. Property lines for the subject property.
2. Property lines of all properties adjacent to the subject property within 300 feet of the property line.
3. Tree cover on the subject property and adjacent properties within 300 feet of the proposed wireless service facility, by dominant species and average height, as measured by or available from a verifiable source.
4. Outline of all existing buildings, including purpose (e.g. residential building, garages, accessory structure, etc.) on subject property and all adjacent properties within 300 feet of the proposed wireless facility.
5. Proposed location of antenna, mount and equipment shelter(s).
6. Proposed security barrier, indicating type and extent as well as point of controlled entry.
7. Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet of the proposed wireless service facility, including driveways proposed to serve the personal wireless service facility.
8. Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.
9. Contours at each two feet AMSL for the subject property and adjacent properties within 300 feet of the property line.
10. All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
11. Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
12. Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed from Sight Lines subsection below).
C.2 Sight lines and photographs as described below:
1. Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet, to the highest point (visible point) of the personal wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one residential building within 300 feet, there shall be at least two (2) sight lines from the closest habitable structures or public roads, if any.
2. Existing (before condition) photographs. Each sight line shall be illustrated by one four (4) inch by six (6) inch color photograph, of what can currently be seen from any public road within 300 feet of the proposed wireless service facility.
3. Proposed (after condition) photographs. Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built.
C.3 Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:
1. Antennas, mounts, and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
2. Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
3. Any and all structures on the subject property.
4. Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
5. Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
D. Design Filing Requirements
1. Equipment brochures for the proposed personal wireless service facility such as manufacturer’s specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as runs and security barrier, if any.
2. Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
3. Colors of the proposed personal wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any,
4. Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
5. Appearance shown by at least two (2) photographic superimposed of the personal wireless service facility within the subject property. The photographic superimpose shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. for the total height, width and breadth.
6. Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
7. Within 21 days of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days prior to the test.
8. If lighting of the site is proposed, the applicant shall submit a manufacturer’s computer generated point to point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminous proposed.
E. Noise Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels (logarithmic scale, accounting for greater sensitivity at night), for the following:
1. Existing or ambient: the measurements of existing noise.
2. Existing plus proposed personal wireless service facilities: maximum estimate of noise from the proposed personal wireless service facility plus the existing noise environment.
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of the bylaw.
F. Radio Frequency Radiation (RFR) Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility, for the following situations:
1. Existing or ambient: the measurements of existing RFR.
2. Existing plus proposed personal wireless service facilities estimate of the maximum of RFR from the proposed personal wireless service facility plus the existing RFR environment.
3. Certification signed by an RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio Frequency Radiation Standards subsection of this bylaw.
4. The applicant is required to certify that it has complied with all other requirements of the FCC and FAA.
G. Federal Environmental Filing Requirements
G.1 The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. The FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch administers NEPA. 1). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
a) Wilderness areas
b) Wildlife preserves
c) Endangered species habitat
d) Historical site
e) Indian religious site
f) Flood Plain
g) Wetlands
h) High intensity whit lights in residential areas
i) Excessive radio frequency radiation exposure
G.2 At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town for each personal wireless service facility site that requires such an EA to be submitted to the FCC.
G.3 The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility that are considered hazardous by the federal, state or local government.
H. The Zoning Board of Appeals (ZBA) may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.
Section 14. Co-location.
Section 14.1. Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
a) A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
b) Contact with all the other licensed carriers for commercial mobile radio services operating in the Town; and
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