The purpose of this section is to promote the health, safety,
convenience and welfare of the inhabitants of Braintree by providing
for controlled placement and operation of certain wireless communication
facilities and towers within the Town. The objectives of these regulations
are: to minimize adverse impacts of wireless communication facilities
on adjacent properties and residential neighborhoods; to minimize
the overall number and height of such facilities to only what is essential;
to promote the shared use of existing facilities to reduce the need
for new facilities.
For the purposes of this section the following words shall have
the following meanings:
INDOOR WIRELESS COMMUNICATION LINK
Shall mean any indoor wireless communication device mounted
or erected inside and solely supported by an existing building or
structure used primarily for other purposes.
WIRELESS COMMUNICATION FACILITY
Shall mean any and all materials, equipment, storage structures,
towers, dishes and antennas used by a commercial telecommunications
carrier to provide telecommunication services.
WIRELESS COMMUNICATION SERVICES
Shall mean the provision of the following types of services:
cellular telephone service, personal communications and enhanced specialized
mobile radio service.
WIRELESS COMMUNICATION TOWER
Shall mean a wireless communication monopole, including antenna
and accessory structure, if any, which facilitates the provision of
wireless communication services.
No wireless communication facility shall be erected or installed
except in compliance with the provisions of this section.
A. Indoor wireless communication link.
(1)
An indoor wireless communication link may be installed in any
existing structure or building, except for schools, hospitals, convalescent
and nursing homes and residential dwellings.
(2)
Application fees for an indoor mounted wireless communication link shall be as required by §
135-1611.
B. Building-mounted wireless communication link.
(1)
A building-mounted wireless communication link may be located
on any municipal building or structure or any building or structure
located in a Highway Business or Commercial Zoning District. No building-mounted
wireless communication link shall be allowed on schools, hospitals,
convalescent and nursing homes and residential dwellings.
(2)
Application fees for a building-mounted wireless communication link shall be as required by §
135-1611.
(3)
A building-mounted wireless communication link may be placed
on the roof or facade of a building or structure without regard to
setback requirements unless said communication link is within 500
feet of a school, hospital, convalescent and nursing home or residential
dwelling. Should relief be sought from the Zoning Board of Appeal
to allow construction of said communication link within 500 feet of
a school, hospital, convalescent and nursing home or residential dwelling,
notice (in accordance with MGL c. 40A) of the Zoning Board of Appeal
hearing shall be provided to all abutters within 500 feet of the proposed
location of said communication link.
[Amended 10-4-2004 STM by Art. 12]
(4)
The height of a building-mounted wireless communication link
shall not exceed 10 feet above the existing height of the building.
(5)
A building-mounted wireless communication link shall be situated
on, or attached to, a building or structure in such a manner that
it is screened, painted or otherwise configured to blend in with the
structure or building in a manner that minimizes the visibility of
the communication link.
C. Wireless communication tower.
(1)
Authorization.
(a)
A wireless communication tower may be constructed in a Highway
Business Zoning District.
(b)
In all cases, a special permit is required from the SPGA for
the construction of a wireless communication tower.
(c)
Any proposed extension in height, any addition of cell antennas
or panels, or any construction of a new or replacement tower shall
be subject to a new application of a special permit.
(2)
Performance standards for wireless communication towers.
(a)
Wireless communication towers shall be freestanding monopoles,
with associated antenna and/or panels. Lattice-style towers and similar
facilities requiring three or more legs and/or guy wires for support
shall not be allowed.
(b)
There shall not be a tower located within two miles of a proposed
tower unless the applicant demonstrates to the satisfaction of the
SPGA that placing the tower closer will result in a significantly
lower tower or significantly more uses on the tower or will significantly
improve protection of the viewshed of the Town of Braintree.
(c)
In the event of conflicting applications, the SPGA shall make
a judgment as to which proposed wireless communication facility, if
any, is most suitable.
(d)
The size and height of a tower shall be the minimum necessary
to accommodate the proposed and anticipated future uses with the following
provisions:
[1] The tower height, including any appurtenant equipment
and devices, shall not exceed 60 feet above the average grade of the
existing terrain at the tower's base, unless the SPGA determines that
a higher tower will result in significantly fewer towers or a significantly
improved protection of the viewshed of the Town of Braintree.
[2] In no event shall the tower height, including appurtenant
equipment and devices, exceed 100 feet.
(e)
To the extent feasible, all wireless communication facilities
shall be collocated on a single tower. Towers shall be designed in
all respects to accommodate the maximum number of uses technologically
practical, and an applicant shall agree to permit other service providers
to collocate on the tower with commercially reasonable terms.
(f)
All towers shall be designed so that, if additional users require
said location, the existing tower can be expanded on or replaced with
the minimum of technical difficulty and disturbance to the neighbors.
The maximum configuration shall by determined during the permitting
process.
(g)
A tower shall not be erected closer to any property line than
a distance equal to the vertical height of the facility (inclusive
of any appurtenant devices) measured at the mean finished grade of
the facility base.
(h)
A tower shall be erected a minimum distance of 500 feet from
any school, hospital, convalescent or nursing home, playground/athletic
field, residential lot line.
(i)
Siting of a tower shall be such that the view of the tower from
adjacent abutters, residential neighbors and other areas of the Town
shall be as limited as possible. All towers shall be painted or otherwise
colored or camouflaged so that they will blend in with the landscape
on which they are located. A different coloring scheme shall be used
to blend the tower with the landscape below and above the tree line.
(j)
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
(k)
To the extent technological feasible, all network interconnections
for the tower shall be via land lines.
(l)
Fencing shall be provided to control access to towers. Said
fencing shall be compatible with the scenic character of the Town
and shall not be razor wire. Metallic fencing shall have vegetative
screening.
(m)
There shall be no signs except for announcement signs, "No Trespassing" signs and a required sign giving a phone number where the owner can be reach on a twenty-four-hour basis. All signs shall conform with the Sign Bylaw (amended Article
IX of the Braintree Zoning Bylaw).
(n)
Traffic associated with the tower and accessory facilities and
structures shall not adversely affect abutting ways.
(o)
Night lighting of the facilities shall be prohibited.
(p)
There shall be a minimum of one parking space for each tower
to be used in connection with the maintenance of the tower and the
site. Said space shall not be used for the permanent storage of vehicles.
(q)
All towers shall comply with all current and future FAA and
FCC rules and regulations.
All applications for a wireless communication tower shall be made and filed on the application forms for special permit and site plan review in compliance with the Braintree Zoning Bylaw. In addition to the requirements for site plan review under §
135-711 and the requirements for special permit under §
135-503 the following information shall be submitted for an application to be considered complete:
A. The applicable fees as noted in the §
135-1611.
B. A locus plan at a scale of one inch equals 200 feet which shall show
all property lines, the exact location of the proposed structures,
street, landscape features, residential dwellings and neighborhoods
and all buildings within 500 feet of the tower.
C. An elevation drawing of the proposed tower showing all details of
its appearance, including height, shape, materials, antennas, wires
and accessory building and showing the tower as it would appear on
the landscape for each of its four sides.
D. The following information prepared by a professional engineer:
(1)
A description of the facility and the technical, economic and
other justifications for the proposed location, height and design;
(2)
Confirmation that the facility complies with all applicable
federal and state standards;
(3)
A description of the capacity of the facility including the
number and types of panels, antennas and/or transmitter receivers
that it can accommodate and the basis for these calculations;
(4)
If applicable, a written statement that the proposed facility
complies with, or is exempt from, the applicable regulations administered
by the FAA, FCC, Massachusetts Aeronautics Commission and the Massachusetts
Department of Public Health.
E. A copy of the applicant's FCC license to operate the proposed system.
F. A copy of the applicant's coverage map detailing the applicant's
plans for providing wireless communication services to the Town of
Braintree and neighboring communities.
G. Certification that the applicant is in compliance with the National
Environmental Protection Act and the Massachusetts Environmental Policy
Act.
H. Proof that there is no existing, approved or proposed tower which
can accommodate the wireless communication equipment planned for the
applicant's tower. For the purposes of this paragraph, a proposed
tower shall mean any tower for which an application for special permit
has been filed with the SPGA.
I. Proof that the proposed tower will not interfere with signals sent
or received by any other facility which transmits or receives signals
via wireless means.
J. Proof of ownership of the proposed site or proof of a contract or
lease with the owner of the site establishing the applicant's right
to construct a tower on the site. The application must be signed by
the owner of the property and the company(ies) proposing to erect
the tower.
K. A description of the soil and surficial geology at the proposed site.
L. The projected future needs of the carrier and how the proposed tower
fits with future projections to serve the Town and adjacent towns.
M. A copy of a leasing agreement should another carrier desire to collocate
on the tower.
N. Between submittal of the application and the date of the public hearing
on the application, the applicant shall, on two different dates, place
a balloon or crane at the location and height of the proposed tower,
in accordance with the following requirements:
(1)
The balloon or crane shall be of a size and color that accurately
reflect the appearance of the proposed tower to the extent possible.
(2)
The balloon or crane shall remain in place at for least eight
hours.
(3)
One of the trials shall take place on a weekday. The other trial
shall take place on a Saturday. All trials shall begin at 8:00 a.m.
(4)
Prior to each trial, the applicant shall post notices of the
time and place of the trials at the Town Hall at least two weeks prior
to the first trial and shall publish the notice in a local newspaper
of general circulation. The notice shall set a rain date in the event
weather would delay or impact the results of the trial.
In addition to the findings required by the §
135-503, in granting a special permit for wireless communication tower the SPGA shall find:
A. That the applicant has demonstrated to the satisfaction of the SPGA
that it has complied with the requirements of this section;
B. That the size and height of the tower are the minimum necessary;
C. That the proposed tower will not adversely impact scenic views;
D. That there are no feasible alternatives to the location of the proposed
tower, including collocation, that would minimize its impacts;
E. That the applicant has exercised good faith in permitting future
collocation of facilities at the site.
Accessory wireless communication buildings shall be no larger
than 300 square feet of total floor area and 12 feet high. They shall
be designed to match other accessory buildings on site and shall be
used only for the housing of equipment related to the particular site.
For all wireless communication facilities an annual certification
demonstrating structural integrity and continuing compliance with
the standards of the FCC, FAA and the American National Standards
Institute shall be filed with the Building Inspector and shall be
reviewed by a licensed professional engineer hired by the Town and
paid for by the owner of said facility.
The following shall be exempt for this bylaw:
(1)
Wireless communication facilities used for Town or state emergency
services.
(2)
Amateur radio towers used in compliance with the terms of any
amateur radio service licensed by the FCC and used solely for amateur
radio purposes. Said towers shall be no greater than 100 feet in height.
Towers in existence at the time of the adoption of this section shall
be allowed to continue in their current configuration.
(3)
Wireless communication hardware used expressly for home television
reception, internet access and residential telecommunications that
does not exceed the height limitation for the zoning district in which
it is located.
(4)
Medical facilities solely for the transmission of clinical information.
Zoning fees for wireless communication facilities shall be set
by the SPGA after public hearing.