Friday, April 28, 2006
Town Meeting Bylaw revision eases cell tower placement: Warrant Article 27
Article 27 (Wireless Bylaw Revision) takes up 25% of the pages of the Annual Town Meeting Warrant. Many of the proposed revisions are stylistic changes, for example, replacing "personal wireless service facilities" with "Personal Wireless Service Facilities." Several extraneous definitions, including "channel," "clustering," "teleport" are to be deleted.
Two substantive definitions are to be deleted — the definitions for "adequate coverage" and "adequate capacity." Such performance definitions are to be part of the Planning Board Rules and Regulations as related to the issuance of special permits for Personal Wireless Service Facilities. Rules and Regulations are adopted by vote of the board and provide guidance for applicants.
There are four areas of substantive change:
(1) Proposed section 5.9.3 General Requirements establishes a stringent criterion for new facilities. "New Personal Wireless Service Facilities shall be permitted in the Town of Carlisle only when the applicant has demonstrated that the provision of its Personal Wireless Service cannot be achieved with existing Facilities or with an adjustment of those Facilities."
(2) Proposed section 18.104.22.168 gives explicit direction on disposition and removal of a Personal Wireless Service Facility that "ceases to operate."
(3) Proposed section 22.214.171.124 gives criteria for installation in an existing building or structure.
(4) Retained is the requisite 900-foot setback, on a horizontal plane, of a Personal Wireless Service Facility from an existing childcare facility, existing residence or future residence having an issued building permit, or a structure in the Historic District or on the State or Federal Register. However, proposed section 126.96.36.199 will enable the board to waive the setback for Small Form Factor Technologies, Concealed Antenna Monopoles, and/or installations in or on buildings and structures if sufficient justification is provided by the applicant. As part of the application process, the applicant must demonstrate the need for the proposed Facility as detailed in the Rules and Regulations. Section 188.8.131.52.2 precludes a waiver for a Concealed Antenna Monopole greater than 90-feet in height.
© 2006 The