Prior to the submission of an application for a special permit under §
240-5.8 of the Zoning Bylaw, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed personal wireless communications facility in general terms and to clarify the filing requirements. The purpose of the conference is to inform the Planning Board as to the nature of the proposed personal wireless communications facility. As such, no formal filings are required for the preapplication conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the location of the proposed facility, as well as its scale and overall design.
The following shall be included with an application for a special
permit for all personal wireless communications facilities:
A. General filing requirements.
(1)
Name, address and telephone number of applicant and any coapplicants,
as well as any agents for the applicant or coapplicants. A twenty-four-hour
emergency telephone contact number shall be included.
(2)
At least one licensed carrier and the landowner(s) of the proposed
site of the personal wireless communications facility shall be applicants
or coapplicants.
(3)
Original signatures are required for the applicant and all coapplicants
applying for the special permit. If the applicant or coapplicant will
be represented by an agent, original signature authorizing the agent
to represent the applicant and/or coapplicant is required. Photo reproductions
of signatures will not be accepted.
B. Locus plan requirements.
(1)
Identification of the subject property, including the name of
the nearest road or roads, street address, if any, and Assessors'
Map and parcel number of subject property.
(2)
A map to scale prepared and stamped by a registered professional
engineer or land surveyor showing the subject property and all properties
(including lot lines) within 500 feet and the location of all buildings,
including accessory structures, and driveways on all properties shown
to the extent observable or determinable by Town or other records.
(3)
A map showing the locations of all preexisting and proposed
future personal wireless communications facilities in Sherborn and
abutting towns for the applicant carrier, and all other preexisting
and proposed (to the extent determinable through public records) personal
wireless communications facilities of other carriers in Sherborn and
abutting towns.
C. Site plan filing requirements.
(1)
A vicinity plan prepared and stamped by a registered professional
engineer or land surveyor at a scale of one inch equals 40 feet (or
at an alternate scale appropriate for the size of the property as
may be approved by the Planning Board) showing the following:
(a)
Property lines for the subject property.
(b)
Property lines of all properties adjacent to the subject property
within 500 feet.
(c)
Tree cover on the subject property and abutting properties distinguishing
between coniferous and deciduous species, and indicating average height
as measured by or available from a verifiable source, for a distance
of 500 feet.
(d)
Outline of all preexisting buildings, including purpose (e.g.,
residential buildings, garages, accessory structures, etc.) on subject
property and all properties adjacent to the subject property to the
extent observable or determinable by Town or other records.
(2)
A proposed development plan prepared and stamped by a registered
professional engineer or land surveyor, including the following:
(a)
Proposed location of antenna, mount, equipment shelter(s) and
other appurtenant facilities.
(b)
Proposed security barrier around tower and/or equipment shelter,
indicating type and extent as well as point of controlled entry.
(c)
Location of all roads, public and private, and utility easements
on the subject property and on all properties adjacent to the subject
property, including driveways proposed to serve the personal wireless
communications facility.
(d)
Distances, at grade, from the proposed personal wireless communications
facility to each building on the vicinity plan.
(e)
Contours at each two feet above mean sea level for a distance
of 500 feet around the proposed site.
(f)
All proposed changes to the preexisting property, including
grading, vegetation removal and planting, and temporary or permanent
roads and driveways.
(g)
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 communications
facility.
(h)
Lines representing the sight line showing viewpoint (point from
which view is taken) and visible point (point being viewed) from "sight
lines" subsection below.
(i)
All conservation lands and conservation easements on the subject
property or within 1,000 feet of the proposed site.
(3)
Sight lines and photographs as described below:
(a)
Sight line representation. A sight line representation shall
be drawn from the nearest point of the nearest public way within 500
feet and the closest facade of each residential building (viewpoint)
within 500 feet (subject to the owner's permission to do so) to the
highest point (visible point) of the personal wireless communications
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 no residential building or public
way within 500 feet, there shall be at least two sight lines from
the closest habitable structures or public roads, if any.
(b)
Preexisting (before condition) photographs. Each sight line
shall be illustrated by one four-inch by six-inch color photograph
of what can currently be seen from any public road and any residential
building within 300 feet.
(c)
Proposed (after condition). Each of the preexisting condition
photographs shall have the proposed personal wireless communications
facility superimposed on it to show what will be seen from public
roads and residential buildings if the proposed personal wireless
communications facility is built.
(d)
Siting elevations. Elevations shall be at either 1/4 inch equals
one foot or 1/8 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]
Preexisting 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.
(e)
Photographs, from multiple viewpoints, of any crane or balloon
used to test visibility or viability of any proposed site.
D. Design filing requirements.
(1)
Materials of the proposed personal wireless communications 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.
(2)
Colors of the proposed personal wireless communications 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.
(3)
Dimensions of the personal wireless communications 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.
(4)
Landscape plan, including preexisting trees and shrubs and those
proposed to be added, identified by size of specimen at installation
and species.
(5)
During the application process, the applicant shall schedule
with the Planning Board a balloon or crane test at the proposed site,
at the expense of the applicant, to illustrate the height of the proposed
facility. The date, time and location of such test shall be advertised,
at the expense of the applicant, in a newspaper of general circulation
in the Town at least one week in advance of the proposed date. At
least one alternate date shall be published in the event inclement
weather requires rescheduling. The Planning Board may, in its discretion,
waive the advertising requirement if adverse weather conditions result
in the cancellation of the test on both the original and alternate
dates.
(6)
If lighting of the site is proposed, the applicant shall submit
documentation from an engineer that the footcandle level at the property
lines shall not exceed 0.0.
E. Noise filing requirements. The applicant shall provide a statement certified by an acoustical engineer that the facility will comply with the noise standards of §
380-1.7B.
F. Radio frequency radiation (RFR) filing requirements. The applicant
shall provide the following:
(1)
A statement signed by a licensed RF engineer that the proposed
or existing transmitting facility does or will comply with FCC radio
frequency emission guidelines for both general population/uncontrolled
exposures and occupational/controlled exposures as defined in FCC
rules (as they may be amended or updated from time to time).
(2)
A statement or explanation as to how the personal wireless service
provider determined that the transmitting facility will comply, e.g.,
by calculation methods, by computer simulations, by actual field measurements,
etc. Actual values for predicted exposure should be provided to further
support the statement. An exhaustive record of all possible exposure
locations is not necessary, but, for example, the "worst case" exposure
value in an accessible area could be mentioned as showing that no
exposures would ever be greater than that level. Reference should
be given to the actual FCC exposure limit or limits relevant for the
particular transmitting site.
(3)
An explanation as to what, if any, restrictions on access to
certain areas will be maintained to ensure compliance with the public
or occupational exposure limits. This includes control procedures
that are established for workers who may be exposed as a result of
maintenance or other tasks related to their jobs.
(4)
A statement as whether other significant transmitting sources
are located at or near the transmitting site, and, if required by
the FCC rules, whether their RF emissions were considered in determining
compliance at the transmitting site.
G. Federal environmental filing requirements.
(1)
The applicant shall present a copy of any environmental assessment (EA) that may be required by the FCC through its administration of the National Environmental Policy Act (NEPA) via procedures adopted as Subchapter A, Part
1, Subpart I, Section 1.1301 et seq. (47 CFR Ch. I).
(2)
If no such EA needs to be submitted to the FCC, documentation
of that fact must be submitted.
(3)
The applicant shall list location, type and amount (including
trace elements) of any materials proposed for use within the personal
wireless communications facility that are considered hazardous by
the federal, state or local government.
H. Alternatives analysis. All applications for new tower locations shall
be accompanied by a narrative statement endorsed by a qualified radio
frequency engineer explaining why the proposed location (or locations)
was (were) selected. Such statement shall include supporting documentation
demonstrating that no feasible alternative location within the Town
of Sherborn was available. For locations outside Overlay District
1, such statement shall include additional supporting documentation
demonstrating that at least three alternative scenarios to provide
comparable service utilizing existing structures, locations within
Overlay District 1, and/or camouflaged facilities were considered
and rejected.
A modification of a personal wireless communications facility
may be considered equivalent to an application for a new personal
wireless communications facility. Applicants for such modifications
shall appear before the Planning Board to present its proposed modifications
in order that the Board may determine whether the modifications are
substantial and require the submission of a new special permit application.
Personal wireless service facilities that were in existence
at the time of adoption of these regulations may be reconstructed,
altered, extended or replaced by special permit, provide that the
Planning Board finds that such reconstruction, alteration, extension
or replacement will not be substantially more detrimental to the neighborhood
and/or the Town than the preexisting nonconforming structure. In making
such a determination, the Planning Board shall consider whether the
proposed reconstruction, alteration, extension or replacement will
create public benefits such as opportunities for co-location, improvements
in public safety, and/or reduction in visual and environmental impacts.
Equipment shelters for personal wireless communications facilities
shall be designed consistent with one of the following design standards:
A. Equipment shelters must be located in underground vaults; or
B. Equipment shelters must be designed consistent with traditional materials,
color and design of the area.
C. Equipment shelters must be camouflaged behind an effective year-round
landscape buffer, equal to the height of the proposed building, and/or
wooden fence acceptable to the Planning Board.
The Planning Board shall request comments from the Town Forest
Committee for any proposed locations within Town Forest, or from other
boards or commissions as may be relevant (e.g., Cemetery Commission
for locations near a cemetery, Open Space Committee for locations
near the Bay Circuit Trail).
A special permit issued for any personal wireless communications
facility shall be for a maximum initial term of five years. Such permits
shall be renewable for additional maximum terms of five years upon
application by the special permit holder at least 90 days prior to
the expiration of a current term. Renewal applications shall contain
documentation that the conditions of the original special permit (or
any previous renewals) were met and maintained during the previous
term.