A.
The following temporary structures shall be deemed to
be permitted uses in all zoning districts:
(1)
Temporary structures or uses incidental to construction
work shall be permitted for a period of time not to exceed one year, provided
that any such structure shall be removed forthwith upon the completion or
abandonment of the construction work. Any extension of said time limit shall
require the approval of the Zoning Board of Appeals.
(2)
The temporary use of a dwelling as a model home shall
be permitted for a period of time not to exceed nine months. Any extension
of said time limit shall require the approval of the Zoning Board of Appeals.
B.
Special permits.
(1)
The Town Board may authorize a temporary and revocable
permit for not more than two years for uses or structures that do not conform
to the regulations of this chapter for the district in which they are located,
provided that the following findings are made:
(2)
Permitted temporary structures or uses, extension of
time limit: The Town Board may authorize the continuation of temporary structures
or uses incidental to construction work, provided that the following findings
are made:
A.
No part of any building used as a filling station, gasoline
service station or public garage and no filling pump, lift or other service
appliance shall be erected within 25 feet of any R District boundary or within
300 feet of any school, church, playground or park located in an R District.
B.
No gasoline or oil pump, no oiling or greasing mechanism
and no other service appliance shall be installed in connection with any filling
station, gasoline station or public garage within 20 feet of any street line.
C.
Two reservoir spaces for each gasoline pump shall be
provided on the lot for waiting vehicles. Such reservoir space shall not include
space at the pump or required parking space.
D.
Storage of gasoline shall be in underground tanks in
accordance with the rules and regulations of the New York State Department
of Environmental Conservation and the Environmental Protection Agency.
E.
There shall be no use of the lot, except for landscaping
or screening, within 20 feet of any R District boundary or lot used for residential
purposes.
Except for farms, any portion of a lot used for open off-street parking
or reservoir space, or for open sales, service or storage areas for motor
vehicles, contractors' equipment or boats shall be deemed to be an automotive
use area and shall be subject to the following requirements:
A.
Surfacing. Every automotive use area and access driveway
thereto shall be surfaced with a durable and dustless material and shall be
so graded and drained so as to disperse of surface water accumulation.
B.
Lighting. Any fixture used to illuminate any automotive
area shall be so arranged as to direct the light away from the street and
away from adjoining premises.
C.
Screening. Every automotive use area, except off-street
parking areas for less than five vehicles, shall be screened from any adjoining
lot in any R District or lot used for residential purposes, including lots
situated across the street, as follows:
(1)
Along a street line, by a planting strip five feet wide;
provided, however, that no shrub planting or tree foliage shall be placed
or maintained which obstructs vision at an elevation between three feet and
seven feet above the street level. Such screening may be interrupted by normal
entrances and exits.
(2)
Along a rear lot line or an interior side lot line which
abuts an existing or future rear yard or side yard on such adjoining lots,
by a compact evergreen hedge which will reach a height of five feet within
three years or by a solid uniformly painted fence or an unpierced masonry
wall five feet in height. Such screening shall be maintained in good condition
at all times.
D.
Access.
(1)
No entrance or exit to any automotive use area shall
be permitted within 30 feet of any intersecting street lines; and, except
for off-street parking areas for uses permitted in any R District requiring
less than 10 parking spaces, no entrance or exit shall be permitted within
20 feet of a lot in any R District or lot used for residential purposes.
(2)
Access to automotive use areas, except for off-street
parking areas in an R District for fewer than five vehicles, shall be approved
by the Town Engineer and shall be so arranged that vehicles shall not be required
to back into a street.
E.
Restriction of use. No automotive use area shall be used
for auto wrecking or for the storage of wrecked, partially dismantled or junked
vehicles or equipment, or motor vehicles which do not qualify for New York
State motor vehicle registration.
A.
Where a lot is divided by any zoning district boundary
so as to be in more than one zoning district and where such lot was an existing
lot when such district boundary was established, a conforming use, occupying
50% or more of the area of said lot and having street frontage in the district
where permitted, may be extended on such lot not more than 25 feet, measured
perpendicular to the district boundary, into any district where such use is
not permitted.
B.
Such use shall be subject to all regulations applicable
to the district where permitted.
No dwelling shall be erected on any lot which does not have immediate
frontage on a street held by the owner thereof in fee simple, subject to easements
of record, as defined in this chapter.
Where a loading or unloading platform or any service entrance in a C
or M District faces any lot line which coincides with any R District boundary,
such platform or service entrance shall be effectively screened from such
R District or lot used for residential purposes in a manner approved by the
Town Planning Board.
Adult uses shall be allowable in an M Industrial District only as a
special exception by the Board of Appeals after public hearing.
A.
Purposes and considerations.
(1)
In the execution of this chapter, it is recognized that
there are some uses, which due to their very nature, have serious objectionable
characteristics. The objectionable characteristics of these uses are further
heightened by their concentration in any one area, thereby having deleterious
effects on adjacent areas. Special regulation of these uses is necessary to
ensure that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these uses
in regard to areas where our youth may regularly assemble and the general
atmosphere encompassing their operation is of great concern to the Town of
Boston.
(3)
These special regulations are itemized in this section
to accomplish the primary purposes of preventing a concentration of these
uses in any one area and restricting their accessibility to minors.
B.
ADULT BOOKSTORE
ADULT DRIVE-IN THEATER
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT THEATER
MASSAGE ESTABLISHMENT
PEEP SHOWS
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
An establishment having as a substantial or significant portion of
its stock-in-trade books, magazines, other periodicals, films, slides and
video tapes and which establishment is customarily not open to the public
generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures that
are not open to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless dancers,
strippers, male or female impersonators or exotic dancers or other similar
entertainments and which establishment is customarily not open to the public
generally but excludes any minor by reason of age.
A motel which is not open to the public generally but excludes minors
by reason of age or which makes available to its patrons in their rooms films,
slide slows or videotapes, which if presented in a public movie theater would
not be open to the public generally but would exclude any minor by reason
of age.
A theater that customarily presents motion pictures, films, videotapes
or slide shows, that are not open to the public generally but exclude any
minor by reason of age.
Any establishment having a fixed place of business where massages
are administered for pay, including but not limited to massage parlors, sauna
baths and steam baths. This definition shall not be construed to include a
hospital, nursing home or medical clinic or the office of a physician, surgeon,
chiropractor, osteopath or duly licensed physical therapist or barbershops
or beauty salons in which massages are administered only to the scalp, face,
neck or shoulders. This definition also shall exclude health clubs which have
facilities for physical exercise, such as tennis courts, racquetball courts
or exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
A theater which presents material in the form of live shows, films
or videotapes, viewed from an individual enclosure, for which a fee is charged
and which is not open to the public generally but excludes any minor by reason
of age.
C.
The adult uses, as defined in Subsection B above, are
to be restricted as to location in the following manner in addition to any
other requirements of this Code.
(1)
Any of the above uses shall not be located within a five-hundred-foot
radius of any area zoned for residential use.
(2)
Any of the above uses shall not be located within a one-half-mile
radius of another such use.
(3)
Any of the above uses shall not be located within a five-hundred-foot
radius of any school, church or other place of religious worship, park, playground
or playing field.
D.
The restrictions enumerated in Subsection C above may
be waived by the Town Zoning Board of Appeals if the applicant shows and the
Board finds that the following conditions have been met, in addition to the
general conditions contained in Article XXXI of this chapter:
(1)
That the proposed use will not be contrary to the public
interest or injurious to nearby properties and that the spirit and intent
of this chapter will be observed.
(2)
That the establishment of an additional use of this type
in the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential.
E.
Registration. No person, firm, corporation or other entity
shall lease, rent, maintain, operate, use or allow to be operated or used
any business or establishment, any part of which contains an adult use, without
first complying with the provisions of this subsection, as follows:
(1)
In addition to any and all other necessary licenses and
permits, no form of adult use shall be allowed to operate or be allowed to
continue to operate, until a certificate of registration is filed with the
Clerk of the Town of Boston, containing:
(a)
The address of the premises.
(b)
The name and address of the owner(s) of the premises
and the name and address of the beneficial owner(s) if the property is in
a land trust.
(c)
The name of the business or the establishment subject
to the provisions of this section.
(d)
The name, business and home address, business or home
phone number of all owners of the business or establishment, subject to the
provisions of this section.
(e)
The names, business and home addresses, business or home
phone numbers of all those persons having a substantial connection with the
business or establishment subject to the provisions of this section.
(f)
The date of the initiation of the adult use.
(g)
The exact nature of the adult use.
(h)
If the premises or the building in which the business
containing the adult use is located is leased, a copy of the lease.
(2)
If there occurs any change in the information required
for the certificate of registration, the Clerk of the Town of Boston shall
be notified of such change, and a new or amended certificate shall be filed
within 30 days of such change.
(3)
The processing fee for each such certificate of registration
or amendment thereto shall be $50.
(4)
No certificate of registration issued under the provisions
of this section shall be transferable to any person other than the registrant,
nor shall a certificate of registration be transferable for use at any premises,
building or location other than stated in the certificate of registration.
(5)
The owner, manager or agent of any adult use shall cause
a copy of the certificate of registration issued under the provisions of this
section to be prominently displayed on the premises, building or location
for which it is issued.
(6)
Any knowingly false statement or any statement which
the registrant or applicant should reasonably have known to be false, which
is provided in the certificate of registration or any document or information
supplied therewith shall be grounds for rejection, suspension or revocation
of the certificate of registration.
(7)
It is a violation of this chapter for the owner or person
in control of any property to establish or operate an adult use without having
in force a certificate of registration complying with this section.
F.
Prohibition regarding public observation. No adult use
shall be conducted in any manner that permits the observation of any material
depicting, describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any property not registered as
an adult use. This provision shall apply to any display, decoration, sign,
show window, screen or other opening.
G.
No more than one of the adult uses as defined above shall
be located on any lot.
No more than one accessory building shall be constructed on a lot, except
when authorized by the Town Board.
A.
Operation of radio-controlled airplanes. No person, firm
or corporation shall use, permit or allow the flying of any fuel-driven or
radio-controlled model airplane or airplanes of whatever size or dimension
from, on or over any lands situate in the Town of Boston, New York, except
where a permit for said use shall have been granted by the Town Board after
a public hearing and a determination that said use would not unreasonably
conflict with the rights of adjoining owners and the general public; provided,
however, that the provisions of this section shall not apply to said use of
property by a resident owner or the members of his immediate family.
B.
Dumping of material. It shall be unlawful for any person,
firm or corporation to throw, dump or deposit or to permit the throwing, dumping,
emptying or depositing on any real property in the Town of Boston of any garbage,
building debris, tree stumps, paper, cardboard, wood, plastic material, metal,
glass, rags, ashes, lumber, brick, stone, concrete or of any type of garbage
or discarded or salvaged material which originates from any source outside
of the Town of Boston without first having obtained a written permit from
the Town Board of the Town of Boston. Such permit shall continue for a period
of one year after the date of issuance thereof, if not sooner revoked by the
Town Board. Any original permit which may be issued by the Town Board shall
be after public hearing thereon, and upon such conditions and stipulations
as the Town Board may require at the time of the issuance of said permit.
The requirements specified herein shall not be construed to apply to agricultural
or gardening uses of land within the Town.[1]
No unregistered or unlicensed automobile or automobile incapable of
being registered and inspected shall be stored in any R District, except in
a completely enclosed structure; provided, however, that no more than one
unlicensed or unregistered automobile may be stored in an R District except
in a totally enclosed structure.
[Added 7-16-1997 by L.L. No. 5-1997]
Except on property within an R-A District containing three or more acres,
no person or organization or other occupant of land shall harbor more than
three dogs that are more than six months old for a period exceeding 30 days.
[Amended 4-17-1991 by L.L. No. 1-1991; 5-20-1998
by L.L. No. 2-1998]
A.
Except as otherwise provided herein only one use shall
be permitted on a lot. No residential use shall be permitted on the same lot
with a nonresidential use. No residential use shall be permitted on the same
lot with a hotel, motel, tourist home, guesthouse, bed-and-breakfast or nursing
or convalescent home except for one residence provided for the manager or
custodian thereof. This section shall not apply to home occupations or permitted
accessory uses as defined in this chapter.
B.
In any R-C or C-1 District, the Town Board, by special
use permit, may allow a portion of a single-family, owner occupied dwelling
to be connected to a retail sales area for the sale of handicrafts, collectibles
and works of art, subject to the following conditions:
(1)
Said sales area shall be operated, in part, by the owner
of the single-family dwelling or by a member of the owner's immediate
family, residing in the household.
(2)
The special use permit application shall be subject to
simultaneous site plan approval by the Town Board in accordance with the applicable
provisions of the Town Code.
(3)
The special use permit shall expire on December 31 of
the second full calendar year after the date of issuance thereof; and may
be renewed by the Town Board for additional three-year periods upon presentation
of evidence to the Town Board that all of the conditions required for issuance
of the permit continue to be met by the original holder thereof.
(4)
This special use permit shall not run with the land,
but shall be specific to the holder thereof and, notwithstanding any provision
to the contrary, shall expire immediately upon the sale of the premises; or
upon the termination of the use for a period of one year, at any time during
the permit period.
(5)
The maximum floor area used for retail sales activities
shall not exceed 20% of the floor area of the first floor of the dwelling.
[Added 6-16-1997 by L.L. No. 6-1997]
A.
Legislative intent. The Town of Boston recognizes the
increased demand for wireless communication transmitting facilities and the
need for the services they provide. Often, these facilities require the construction
of a communications tower and/or similar facilities in a manner consistent
with sound land use planning by: minimizing adverse visual effects of towers
and/or similar facilities through careful design, siting, and vegetative screening;
avoiding potential damage to adjacent properties from tower failure or falling
debris through engineering and careful siting of tower structures; maximizing
use of any new and existing tower, or existing building and/or structures
to reduce the number of towers and/or similar facilities needed; while also
allowing wireless service providers to meet their technological and service
objectives.
B.
ACCESSORY STRUCTURE
ANTENNA
COLLOCATED ANTENNAS
FALL DOWN ZONE
TELECOMMUNICATIONS FACILITIES
TOWER
Definitions. As used in this section, the following terms
shall have the meanings indicated:
An accessory facility or structure serving or being used in conjunction
with a communications tower and/or similar facility, and located on the same
lot as the communications tower. Examples of such structures include utility
or transmission equipment storage sheds or cabinets.
A system of electrical conductors that transmits or receives radio
frequency signals. Such signals shall include, but not be limited to, radio,
television, cellular, paging, personal communication services (PCS) and microwave
communications.
Telecommunications facilities which utilize existing towers, buildings
or other structures for placement of antenna(s) and do not require construction
of a new tower.
The radius around a tower within which all portions of the tower
and antenna(s) would fall in the event of a structural failure of the tower.
Towers and/or antennas and accessory structures together used in
connection with the provision of cellular telephone service, personal communications
services, paging services, radio and television broadcast services, and similar
broadcast services, except ham radio antennas as defined in this chapter.
[Amended 10-1-1997 by L.L. No. 8-1997]
A structure designed to support antennas. It includes, without limitation,
freestanding towers, guyed towers, monopoles, and similar structures which
do or which do not employ camouflage technology.
C.
Telecommunications facility permit required.
(1)
A telecommunications facility is permitted only if specifically
permitted by a permit granted by the Town Board pursuant to § 123-48B
of the Town Code.
(2)
The Town Board shall have the right to waive any provision
of this section for facilities whose total height above ground does not exceed
35 feet.
D.
General standards for issuance of permit. No permit or
renewal thereof or modification of the conditions of a current permit relating
to a telecommunications facility shall be authorized unless such telecommunications
facility:
(1)
Is necessary to meet current or expected demands for
the services supported by the telecommunications facility;
(2)
Conforms with all applicable regulations promulgated
by the Federal Communications Commission;
(3)
Is designed and constructed in a manner which minimizes
its visual impact;
(4)
Complies with all other requirements of this chapter;
(5)
Is the most appropriate site within the immediate area
for the location of the telecommunications facility. It is preferred that
telecommunications facilities be located more than 1,500 feet from the nearest
residence property, provided that there is a technologically feasible location
available at a commercially reasonable rate.
E.
Collocated antenna preferred. The shared use of existing
telecommunications facilities or other structures shall be preferred to the
construction of new such facilities. Any application for a telecommunications
facility permit or renewal thereof or modification of the conditions of a
current telecommunications facility permit shall include proof that reasonable
efforts have been made to collocate with an existing telecommunications facility
or upon an existing structure. The application shall include an adequate inventory
report specifying existing telecommunications facility sites and structures
of height exceeding 75% of the height of the proposed tower within a two-mile
radius from the proposed site if the application is for cellular telephone
or personal communications use, or a five-mile radius for other services,
and for cellular telephone or personal communications use, or a five-mile
radius for other services, and outlining opportunities for shared use as an
alternative to the proposed location. The application must demonstrate that
the proposed telecommunications facility cannot be accommodated on all sites
in the inventory due to one or more of the following reasons:
(1)
The planned equipment would exceed the structural capacity
of existing and approved telecommunications facilities or other structures,
considering existing and planned uses for those facilities;
(2)
The planned equipment would cause radio frequency interference
with other existing or planned equipment, which cannot be reasonably prevented;
(3)
Existing or approved telecommunications facilities or
other structures do not have space on which proposed equipment can be placed
so it can function effectively and reasonably;
(4)
Other technical reasons make it impracticable to place
the equipment proposed by the applicant on existing facilities or structures;
F.
Tower permit application procedure.
(1)
Application materials. All applicants for a telecommunications
facility permit shall make written application to the Town Board, which application
shall include the following information:
(a)
Town supplied permit application form to be used as tower
permit application form;
(b)
Town supplied environmental assessment form;
(c)
Site plan, in form and content in conformance with the
site plan.
[2]
The maximum height of the proposed tower.
[3]
A detail of tower type (monopole, guyed, freestanding,
or other).
[4]
The color or colors of the tower.
[5]
The location, type and intensity of any lighting on the
tower.
[6]
The property's boundaries. (A copy of a property
survey must also be provided.)
[7]
Proof of the landowner's consent if the applicant
will not own the property. (A copy of a lease agreement must also be provided
if the applicant will not own the property.)
[8]
The location of all structures on the property and all
structures on any adjacent property within 50 feet of the property lines,
together with the distance of these structures to the tower.
[9]
The names of adjacent landowners.
[10]
The location, nature and extent of any proposed fencing
and landscaping or screening.
[11]
The location and nature of proposed utility easements
and access road, if applicable.
[12]
Building elevations of accessory structures or immediately
adjacent buildings.
[13]
"Before" and "after" propagation studies prepared by
a qualified radio frequency engineer (signed and sealed by a professional
engineer registered in the State of New York) demonstrating existing signal
coverage, contrasted with the proposed signal coverage resulting from the
proposed telecommunications facility.
[14]
A search ring prepared by a qualified radio frequency
engineer (signed and sealed documents by a professional engineer registered
in the State of New York) and overlaid on an appropriate background map demonstrating
the area within which the telecommunications facility needs to be located
in order to provide proper signal strength and coverage to the target cell.
The applicant must be prepared to explain to the Town Board why it selected
the proposed site, discuss the availability (or lack of availability) of a
suitable structure within the search ring which would have allowed for a collocated
antenna(s), and to what extent the applicant explored locating the proposed
tower in a more intensive use district. Correspondence with other telecommunications
companies concerning collocation is part of this requirement.
[15]
The Town Board, Planning Board or any advisor or consultant,
upon reviewing the application, may request reasonable additional visual and
aesthetic information as it deems appropriate on a case-by-case basis. Such
additional information may include, among other things, enhanced landscaping
plans, line-of-sight drawings, and/or visual simulations from viewpoints selected
by the Town. Line-of-sight drawings and visual simulations are mandatory for
applications within 1,500 feet of R-1, R-2, R-3 or R-C Zoning Districts.
(d)
The applicant must submit a copy of its policy regarding
collocation on the proposed tower with other potential applications. Such
policy should allow collocation under the following conditions: the new antenna(s)
and equipment do not exceed structural loading requirements, interfere with
tower space used or to be used by the applicant nor pose any technical or
radio frequency interference with existing equipment; the party desiring to
collocate pays the applicant an appropriate and reasonable sum to collocate;
and the party desiring to collocate has a similar policy of collocation for
the applicant.
(e)
A report, prepared by a New York State licensed professional
engineer, which, in the case of a tower, describes its height and design,
including a cross section of the structure; demonstrates the tower's
compliance and applicable structural standards; and describes the tower's
capacity, including the number and type of antennas it can accommodate. In
the case of an antenna(s) mounted on an existing structure, the report shall
indicate the existing structure's suitability to accept the antenna,
and proposed method of affixing the antenna(s) to the structure. Complete
details of all fixtures and couplings and the precise point of attachment
shall be indicated.
(f)
An agreement by the applicant, in writing, to remove
the telecommunications facility if such facility becomes technically obsolete
or ceases to be used for its originally intended purpose for 12 consecutive
months.
(g)
The applicant, at the time of obtaining a building permit,
must provide a financial security bond with the Town as assignee, in an amount
fixed by the Town Board but not less than $100,000.
(2)
Referral to the Planning Board. Upon receipt of the application
material set forth in Subsection F(1) above, the Town Board shall refer the
application to the Town Planning Board. The Town Planning Board shall review
the site plan and recommend changes, if any, to the Town Board. The Town Board
shall consider the application and approve or deny the same in accordance
with the procedures and standards set forth therein in § 123-48B
and this section.
G.
Each proposed telecommunications facility shall meet
the following design requirements:
(1)
Shall be separated from residential dwellings, schools,
houses of worship, places of public assembly and designated historical districts
by the greater of 1,500 feet to five times the height of the facility. The
Town Board may modify this condition if the facility is attached to an existing
structure or for other satisfactory reasons supported by expert testimony.
(2)
Shall have the least possible practical visual effect
on the environment as determined by the Town Board and shall be less than
150 feet above ground level. Towers, antenna(s) and masts shall not be artificially
lighted unless otherwise required by the Federal Aviation Administration or
other federal, state or local authority. Towers shall have a galvanized finish,
or shall be painted gray above the surrounding treeline and gray or green
below the treeline or as decided by the Town Board. Antennas shall have the
least obtrusive finish that is technically feasible.
(3)
Shall provide vegetative screening, as determined by
the Zoning Board, if the proposed site abuts residential or public property
or community facilities.
(4)
Shall include a fall zone surrounding any support towers,
which fall zone must have a radius at least equal to the height of such support
tower and any antenna(s) attached thereto. The entire fall zone may not include
public roads and must be on property either owned or leased by the applicant
or for which the applicant has obtained an easement, may not contain any structure
other than those associated with the telecommunications facilities, and may
not be located within any set back area established by this chapter. If the
facility is attached to any existing structure, fall zone requirements may
be relaxed by specific permission of the Town Board.
(5)
Towers and auxiliary structures shall be surrounded by
a fence or wall at least eight feet in height of a design approved by the
Town Engineer so as to make intrusion extremely difficult, but with limited
visual impact. Barbed wire is not to be used in residential areas or on public
property unless specifically permitted by the Town Board.
(6)
Shall be equipped with an alarm system providing that
any intrusion or attempt to climb the fence or wall is signaled to both the
New York State Police and to the owner of the facility. There shall be no
permanent climbing pegs within 15 feet of the ground on any tower.
(7)
No tower shall contain any signs or advertising devices.
H.
Telecommunications facilities continuing standard. All
telecommunications facilities, both predating and antedating this section,
shall fulfill the requirements of this section. The Code Enforcement Officer
is empowered to enforce these regulations.
(1)
The sufficiency of the facility removal bond shall be
confirmed at least every five years by an analysis of the cost of removal
and property restoration performed by a New York State licensed professional
engineer. The results of such analysis shall be communicated to the Town Board.
If the bond amount in force is insufficient to cover the costs of removal,
it shall be immediately increased to cover such amount.
(2)
The facility shall be inspected at least every second
year for structural integrity by a New York State licensed professional engineer,
and a copy of the inspection report submitted to the Town Code Enforcement
Officer and the Town Board.
(3)
Any work to augment or repair the facility shall comply
with all applicable code requirements, and a building permit shall be obtained
to conduct such work.
(4)
Any additional antennas, reception or transmission dishes,
or other similar receiving or transmitting devices proposed for attachment
to an existing facility shall require review in accordance with this section.
The intent of this requirement is to ensure the structural integrity, visual
aesthetics, and land use compatibility of communication towers upon which
additional antennas, communication dishes, etc. are to be installed. The application
for approval to install additional antennas, dishes or other similar receiving
devices shall include certification from a New York State licensed professional
engineer indicating that the additional device or devices installed will not
adversely affect the structural integrity of the facility. A visual impact
analysis shall be included as part of the application for approval to install
one or more additional communications devices to an existing facility.
(5)
No outside storage of vehicles, materials or waste shall
be allowed, except for limited periods when the facility is undergoing additions,
repairs or renovations.
(6)
The facility shall be maintained in good order and repair
at all times. Paint and other finishes on towers, auxiliary buildings, fences
and walls shall be renewed as required to maintain the appearance of the facility.
Accumulations of rubbish, papers, etc. on the grounds shall be promptly removed.
Trees and shrubs shall be trimmed as necessary and weeds and grass removed
from any fenced yards. Access roads are to be maintained in good order; care
shall be taken to see that weeds and grass do not grow through its surface.
If the road is temporary, its presence shall be obliterated according to a
plan provided to and approved by the Building Inspector.
[Added 10-1-1997 by L.L. No. 8-1997]
Any special permit for the construction of a ham radio antenna shall
expire on December 31 of the second calendar year following the year in which
the permit was issued. Thereafter said special permit may be renewed for a
period not exceeding three years, after review and comment by the Planning
Board, upon the applicant demonstrating that he or she possesses a valid license,
issued by the Federal Communications Commission pursuant to Part 97 of the
Regulations of the Federal Communications Commission, and that the antenna
is a ham radio antenna as defined by the Zoning Law of the Town of Boston.
In the event that the antenna no longer qualifies as a ham radio antenna,
said renewal application shall be treated as an application for the construction
of a new telecommunications facility as defined in this chapter.
