Town of Stoneham, Massachusetts

6.11.1 General Applicability and Purpose

6.11.1.1 The same general applicability and purpose as stated in Sections 4.11.1 and 4.11.2 apply.

6.11.1.2 1. Special Permits

In the districts where Wireless Service Facilities are allowed by Special Permit, the Planning Board may issue a Special Permit under Section 7.4 of this bylaw, and the Special Permit Granting Authority Rules and Regulations which shall apply except to the extent a submission requirement is superseded herein, for:

(a) A Wireless Service Facility (including its supports) of the type allowed in Section 4.11.3, installed on a building or structure, if such Wireless Service Facility exceeds any one or more of the dimensional requirements of Section 4.11.3 (a)(2) or (a)(3); or

(b) A monopole in accordance with provisions of this bylaw below.

Provided that the Planning Board finds:

That the requested installation is essential to the proper functioning of the telecommunications services to be provided by the Wireless Service Facility at that location and that an alternative installation meeting the by-right limitations of Section 4.11.3 is not feasible; and

That the requested installation will not materially adversely affect adjacent properties; and

That there are no existing, approved or proposed Wireless Service Facilities which are reasonably available to accommodate the Wireless Service Facility equipment proposed in order to provide the proposed Wireless Communications Services; and

That the overall height of a proposed monopole does not exceed the height permitted in the underlying zoning district, unless the applicant demonstrates that a greater height, but in no event higher than fifteen feet (15’) above the height permitted in the underlying zoning district or higher than ten feet (10’) above the tallest building, average tree canopy height (measured from ground level) or topographical feature of the land within five hundred feet (500’) of the Wireless Service Facility, is essential to the proper functioning of the Wireless Communication Services to be provided by the Wireless Service Facility at that location and that an alternative installation meeting the height restrictions and the requirements of this bylaw can not be met. The height and size, including any appurtenant equipment and devices, shall be the minimum height and size essential to the proper functioning of the Wireless Communication Services to be provided by the Wireless Service Facility at that location; and

That with respect to a monopole, the applicant has agreed to permit other Wireless Communications Service providers to co-locate on the monopole if technologically practical at commercially reasonable rates. (10-29-98, Art.20;10-25-99, Art. 25)

6.11.2 Prohibitions:

The following are prohibited:

(a) All free standing (ground mounted) Wireless Service Facilities other than monopoles. Prohibited free standing Wireless Service Facilities include Lattice towers or Lattice style towers and any Wireless Service Facility requiring two or more legs.

(b) Guy wires. (10-29-98, Art. 20)

6.11.3 Design Provisions:

(a) All Wireless Service Facilities, including equipment shelters, shall comply with the setback provisions of the zoning district in which the facility is located.

(b) The center point of the base of a monopole (or any other freestanding ground mounted Wireless Service Facility if for any reason allowed under applicable law despite the prohibition herein) shall be set back from the property line of the lot in which such device is located by distance equal to the overall vertical height of the monopole and any antennas or other appurtenances plus five feet (5'), unless the applicant demonstrates that: (1) due to topography and/or other characteristics of the site or the structure a lesser setback shall not pose any public safety danger to any adjacent property and that the requested installation is essential to the proper functioning of the telecommunications services to be provided by the Wireless Service Facility, or (2) the Planning Board finds that a substantially better design will result from such reduction. In making such a finding, the Planning Board shall consider both the visual and safety impacts of the proposed use. (10-29-98, Art. 20).

6.11.3.2 Screening:

Whenever possible, Wireless Service Facilities shall be sited so as to minimize visibility from adjacent property and shall be suitably screened from abutters and residential neighborhoods and from public viewing areas. (10-29-98, Art. 20)

6.11.3.3 Landscaping and Preservation of Existing Vegetation:

Freestanding Wireless Service Facilities not otherwise camouflaged from public viewing in accordance with this bylaw shall, unless otherwise directed by the Planning Board based on site conditions, be surrounded by buffers of dense tree growth and undestroy vegetation in all directions to create an effective year-round visual buffer of sufficient height and depth to effectively screen the facility while not effectively impairing the operation of the Wireless Service Facility or shall otherwise be disguised to the satisfaction of the Planning Board. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The Planning Board shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions. To the extent feasible and consistent with this bylaw, existing on-site trees and vegetation shall be preserved and/or be replaced or restored after construction and installation of the Wireless Service Facilities. (10-29-98, Art. 20)

Wireless Service Facilities, including but not limited to monopoles and mounted Wireless Service Facilities and supports, shall be painted or otherwise colored or finished in the manner which minimizes the visibility of the Wireless Service Facilities in the surrounding landscape and on the building or structure to which they are attached and, if applicable, with the sky. (10-29-98, Art. 20)

Whenever technologically feasible, antennas and other wireless communication equipment shall be mounted flush against the monopole. (10-29-98, Art. 20)

Any fencing necessary to control access to the Wireless Service Facilities shall be compatible with the character of the area. Fences utilizing razor wire, barbed wire or a similar wire type shall not be allowed. (10-29-98, Art. 20)

There shall be no advertising permitted on or in the vicinity of a Wireless Service Facilities. There shall be a sign not exceeding four square feet in area at each installation which shall display a phone number where the person responsible for the maintenance of the installation may be reached on a 24-hour basis. (10-29-98, Art. 20)

Lighting of Wireless Service Facilities shall be prohibited except for such lighting as may be required by federal or state law or regulation or by order of the Federal Aviation Administration in pre-emption of this prohibition. Lighting of Wireless Service Facilities and any other facilities on site shall be shielded from abutting properties. Temporary lighting as necessary for emergency repair purposes shall be allowed for a reasonable period of repair. (10-29-98, Art. 20)

6.11.3.9 Equipment Shelters and Network Interconnections:

Equipment shelters and network interconnections for Wireless Service Facilities shall be located in underground vaults or shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence. The style of fencing and/or landscape buffer shall be compatible with the neighborhood. (10-29-98, Art. 20)

6.11.3.10 Historic Buildings and Districts:

Any Personal Wireless Service Facilities located on or within an historic structure shall not alter the character-defining features or distinctive construction methods of the building. Any alteration made to an historic structure to accommodate a device shall be fully reversible. (10-29-98, Art. 20)

There shall be a maximum of one parking space for each monopole to be used in connection with the maintenance of the site and not to be used for the permanent storage of vehicles or other equipment. (10-29-98, Art. 20)

6.11.4 Environmental Standards:

6.11.4.1 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. (10-29-98, Art. 20)

6.11.4.2 No hazardous waste shall be discharged on the site of any 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 the site. (10-29-98, Art. 20)

6.11.4.3 Stormwater run-off shall be contained on-site. (10-29-98, Art. 20)

6.11.4.4 Ground-mounted equipment for Wireless Service Facilities shall not generate noise in excess of 50 db at the property line.

Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at ground level at the base of the building closest to the antenna. (10-29-98, Art. 20)

6.11.5 Safety Standards: (10-29-98, Art. 20)

6.11.5.1 Wireless Service Facilities and equipment shall be authorized, constructed and operated in accordance with applicable federal and state law, regulations, orders and guidelines. (10-29-98, Art. 20)

6.11.5.2 Wireless Service Facilities shall be designed to withstand winds and gusts of a category 5 hurricane. (10-29-98, Art. 20)

6.11.5.3 When a Wireless Service Facility is located above or in the vicinity of pedestrian areas or other areas open to the public, such installation shall be constructed and maintained in a manner that does not impede or restrict the movement of pedestrians nor pose a hazard to any person. (10_29_98,~Art. 20)

6.11.6 Application Procedures - Special Permit: (10-29-98, Art. 20)

6.11.6.1 Pre-application Wireless Service Facilities Conference.

Prior to the submission of an application for a Special Permit pursuant to this bylaw, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. The purpose of the conference is to inform the Planning Board as to the preliminary nature of the proposed Wireless Service Facility. No formal filings are required for the pre-application 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 and to discuss alternative sites, including but not limited to existing sites of Wireless Service Facilities. (10-29-98, Art.~20)

6.11.6.2 Application Filing Requirements:

The following shall be included with an application for a Special Permit for a Wireless Service Facility.

(a) General Filing Requirements

Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A licensed carrier shall either be an applicant or a co-applicant and shall provide a certified copy of its FCC license to operate the proposed system.

If the property owner is not an applicant or co-applicants said property owner must provide written documentation of the applicant's right to use the property for the proposed Wireless Service Facility.

A detailed statement and description of the Wireless Communication Services to be provided or supported by the Wireless Service Facility, including how the proposed Wireless Service Facility will eliminate or alleviate any existing deficiencies or limitations in the Wireless Communication Services of the applicant.

A certification by the applicant that said applicant and the Wireless Service Facility comply with all federal and state laws, regulations and requirements to provide the proposed Wireless Service Facility. (10_29_98, Art.~20)

6.11.6.3 Location Filing Requirements:

Include the following information with an application:

Address of the subject property and the names of the nearest public and private ways.

A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.

A map showing the Wireless Service Facilities with which the proposed facility would interact and the other existing Wireless Service Facilities in the Town and within two (2) miles of its municipal boundaries.

To the best of the applicant's knowledge, information and belief, a forecast of when maximum capability would be reached for the proposed Wireless Service Facilities and the proposed locations of all the applicant's existing and future Wireless Service Facilities in the Town and within two (2) miles of the Town boundaries depicted on a map.

6.11.6.4 Siting Filing Requirements:

File with the application, as site filing information, a one-inch-equals-40 feet vicinity plan showing the following:

Property lines for the subject property and all properties adjacent to the subject property within 300 feet (300').

Tree cover on the subject property and adjacent properties within 300 feet, (300') by dominant species and average height, as measured by or available from a verifiable source.

3. Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet (300').

Proposed location of antenna, mount and equipment shelter(s).

Proposed security barrier, indicating type and extent, as well as point of controlled entry.

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet (300') including driveways proposed to serve the Wireless Service Facility.

7. Distances, at grade, from the proposed Wireless Service Facility to each building on the vicinity plan.

Contours at each two feet AMSL for the subject property and adjacent properties within 300 feet (300').

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

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 Wireless Service Facility

Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from “Sight Lines” subsection below.

Sight lines and photographs as described below:

A sight line representation shall be drawn from any public or private way within three hundred feet (300') and the closest facade of each residential building (viewpoint) within three hundred feet (300') to the highest point (visible point) of the 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 (or more) residential building within three hundred feet (300') there shall be at least two sight lines from the closest habitable structures or public roads, if any.

2. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public or private way within 300 feet.

3. 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 Wireless Service Facility is built.

(c) Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed Wireless Service Facility plus from all existing public and private ways 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:

Antennas, mounts and equipment shelter(s), with total elevation dimensions and at ground level of the highest point.

If the security barrier will block views of the Wireless Service Facility, the barrier drawing shall be cut away to show the view behind the barrier.

Any and all structures on the subject property.

Existing trees and shrubs at current height and proposed trees and shrubs.

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

6.11.6.5 Design Filing Requirements:

(a) Equipment brochures for the proposed Wireless Service Facility such as manufacture's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

(b) Materials of the proposed 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.

(c) For monopoles a description of the capacity of the monopole, including the number and type of antenna, transmitters and/or receivers that it can accommodate and the basis for these calculation.

(d) Colors of the proposed Wireless Service Facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.

(e) Dimensions of the 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.

(f) Appearance shown by at least two photographic superimpositions of the Wireless Service Facility within the subject property. The photographic superimpositions 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.

(g) Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.

(h) Within 21 days of filing an application for a Special Permit, the applicant shall arrange for a crane test or alternate temporary structure or balloon if approved by the Planning Board, at the proposed site that replicates to illustrate the height of the proposed Wireless Service Facility. The crane or structure shall remain in position for no less than three (3) days for at least eight (8) hours per day, with one day being a weekend day. The date, time and location of such test shall be advertised, at the applicant's cost in a Stoneham newspaper of general circulation twice in consecutive weeks, not more than twenty-one (21) days prior to the test. In addition, written notice shall be sent, at the applicant's cost, to abutters who would receive notice for special permit applications pursuant to G.L.c.40A, sec.11.

(i) If lighting of the site is proposed, the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and twenty-five within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed. (10-29-98, Art. 20)

6.11.6.6 Noise Filing Requirements:

The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed Wireless Service Facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:

Existing, or ambient: the measurements of existing noise.

Existing plus proposed Wireless Service Facilities: maximum estimate of noise from the proposed 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 this Bylaw. (10-29-98, Art. 20)

6.11.6.7 Radiofrequency 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:

Existing, or ambient: the measurements of existing RFR.

Existing plus proposed personal wireless service facilities: maximum estimate of RFR from the proposed personal wireless facility plus the existing RFR environment.

Certification, signed by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines and any applicable requirements of the Commonwealth of Massachusetts. (10-29-98, Art. 20)

6.11.6.8 Federal Environmental Filing Requirements:

The National Environmental Policy Act (NEPA) applies to all applications for Wireless Service Facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR ch.I.) The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for certain Wireless Service Facility, including, but not limited to all those proposed in or involving any of the following areas: endangered species habitat, historical site, flood plains, wetlands, high intensity white lights in residential neighborhoods, and excessive radio frequency radiation exposure.

At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town for each Wireless Service Facility site that requires such an EA to be submitted to the FCC.

The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the Wireless Service Facility that are considered hazardous by the federal, state or local government. (10-29-98, Art. 20)

The Planning Board may waive one or more of the application filing requirements of this bylaw if it finds that such information is not needed for a thorough review of the proposed Wireless Service Facility.

6.11.7 Term of Special Permit:

A Special Permit issued for any Wireless Service Facility may, in accordance with the G.L.c.40 A, Sec.~9, have a time limitation. At the end of that time period, the Wireless Service Facility shall be removed by the carrier or a new Special Permit shall be required.

6.11.8 Modifications

A modification of a Wireless Service Facility may be considered equivalent to an application for a new Wireless Service Facility and will require a Special Permit when the following events apply:

(a) The applicant and/or co-applicant wants to alter the terms of the Special Permit by changing the personal wireless service facility in one or more of the following ways:

1. Change in the number of facilities permitted on the site; or

2. Change in technology used for the personal wireless service facility.

(b) The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing. (10-29-98, Art. 20)

6.11.9 Co-location

6.11.9.1 Monopoles shall share Wireless Service Facilities equipment where feasible and appropriate, thereby reducing the number of Wireless Service Facilities that are stand-alone facilities. All applicants for a Special Permit for a 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) Attempted contact with all the other licensed carriers for commercial mobile radio services operating in the County; and

(c) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. (10-29-98, Art. 20)

6.11.9.2 In the event that co-location is found not be feasible, a written statement of the reasons for the infeasibility shall be submitted to the Town. The Town may deny a Special Permit to an applicant that has not demonstrated a good faith effort to provide for collocation. (10-29-98, Art. 20)

6.11.9.3 If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the Wireless Service Facility at full build-out. (10-29-98, Art. 20)

6.11.9.4 If the Planning Board approves co-location for a Wireless Service Facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities no specified in the approved Special Permit shall require a new Special Permit. (10-29-98, Art. 20)

6.11.9.5 Estimates of RFR emissions will be required for all facilities, including proposed and future facilities. (10-29-98, Art. 20)

6.11.10 Abandonment or Discontinuation of Use:

6.11.10.1 At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation for operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the Wireless Service Facility shall be considered abandoned upon such discontinuation of operations. If there are two or more users of a single Wireless Service Facility, then this provision shall not become effective until all users cease using the Wireless Service Facility. (10-29-98, Art. 20)

Upon abandonment or discontinuation of use, the licensed carrier shall physically remove the Wireless Service Facility within ninety (90) days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

Restoring the location of the Wireless Service Facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.

6.11.10.2 If a licensed carrier fails to remove a Wireless Service Facility in accordance with this section of this bylaw, the town shall have all the authority allowed under law to cause and/or enforce the removal of the Wireless Service Facility and the restoration of the property. The Planning Board may require the applicant to post a bond at the time of construction to cover costs for the removal of the Wireless Service Facility and the restoration of the property in the event the Town must remove the facility and/or restore the property. 10-29-98, Art. 20)

6.11.12 Monitoring and Maintenance

6.11.12.1 After the wireless service facility is operational, the licensed carrier shall submit, within ninety (90) days of beginning operations, and at annual intervals from the date of issuance of the Certificate of Occupancy, existing measurements of RFR from the Wireless Service Facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio frequency Standards section of this Bylaw. (10-29-98, Art. 20)

6.11.12.2 After the Wireless Service Facility is operational, the licensed carrier shall submit, within 90 days of the issuance of the Certificate of Occupancy, and at annual intervals from the date of issuance of the Special Permit, existing measurements of noise from the personal wireless service facility. Such measurements shall be signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section of this Bylaw. (10-29-98, Art. 20)

6.11.12.3 The licensed carrier shall maintain the Wireless Service Facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping. (10-29-98, Art. 20)

6.11.13 Severability:

If any section of this bylaw or portion thereof is declared invalid it shall not affect the validity or application of the remainder of the bylaw. (10-29-98, Art. 20)