ARTICLE __ Personal Wireless Facilities Zoning Bylaw - Section 3.10

1. ARTICLE __Personal Wireless FacilitiesZoning Bylaw - Section 3.10 Article ___ Personal Wireless Facilities

2. RECAP • Federal Telecommunications Act of 1996. • Acton zoning for personal wireless facilities since 1997 – ZBL section 3.10. • Frequent Updates to 3.10 - last at Annual Town Meeting in 2007. • Acton now with 4 personal wireless facility tower sites / 6 towers. • Moratorium on towers at Special Town Meeting in May 2007. Article ___ Personal Wireless Facilities

3. MORATORIUM • Adopted at Special Town Meeting on May 10, 2007. • Selectmen appoint study committee to • review personal wireless services / facilities in Acton. • develop a new zoning bylaw proposal for consideration before moratorium expires. • Moratorium ends on April 15, 2008 - • unless Town Meeting takes other action before this date to replace, rescind, modify, or extend the moratorium. Article ___ Personal Wireless Facilities

4. REPLACE MORATORIUM • Article __ replaces moratorium on towers with a substantially revised version of section 3.10 of the zoning bylaw to be entitled: “Special Requirements for Personal Wireless Facilities”. Article ___ Personal Wireless Facilities

5. WORK OF THE STUDY COMMITTEE • Reviewed Telecommunications Act of 1996 and various relevant FCC Rulings. • Reviewed relevant Massachusetts case law. • Reviewed multiple local bylaws and ordinances on personal wireless facilities. • Engage assistance from Planning Department staff, legal counsel, and technical expert. Article ___ Personal Wireless Facilities

6. WORK OF THE STUDY COMMITTEE • Reviewed and analyzed section 3.10 of the zoning bylaw as last revised at the 2007 Annual Town Meeting (before moratorium). • Reviewed detailed maps, prepared by the Planning Department, that depict all areas in Acton where section 3.10 allows towers and where it does not. Article ___ Personal Wireless Facilities

7. THE MAPS • Overlaid on the zoning map are layers with prohibited zones, restricted parcels, and setbacks in residential areas: • Village and Kelley’s Corner Districts • Local Historic Districts with 500’ buffer • Common lands/open space in PCRC and other “cluster style” developments. • Lands with deed or grant restrictions • 175’ lot line setback in residential districts • 350’ setback from residential buildings • 75’ wetlands setback Article ___ Personal Wireless Facilities

8. THE MAPS • INSERT MAPS Article ___ Personal Wireless Facilities

9. SUBSTANTIALLY REVISED SECTION 3.10 • MAJOR ITEMS REMAINING UNCHANGED • Zoning districts where towers are allowed • Single-family residential (R-2, R-4, etc.) • Multi-family residential (R-A, R-AA) • “outer” East Acton Village (EAV-2) • Office parks (OP-1, OP-2) • Business districts (LB, PM, but not KC) • Industrial districts (GI, LI, LI-1, SM, TD) • ARC district (agriculture recreation conservation) Article ___ Personal Wireless Facilities

10. SUBSTANTIALLY REVISED SECTION 3.10 • MAJOR ITEMS REMAINING UNCHANGED • Focus on fewer higher towers as opposed to more smaller towers. • Focus on co-location of carriers on towers. • 175 feet maximum tower height. • Towers must be extendable to maximum height to allow maximum co-location. Article ___ Personal Wireless Facilities

11. SUBSTANTIALLY REVISED SECTION 3.10 • MAJOR ITEMS REMAINING UNCHANGED • All setbacks in residential districts measured in relation to maximum height even if tower is shorter, i.e. • lot line setback equal to maximum height of tower (175’) • residential building setback equal to twice the maximum height of tower (350’) • No lattice style towers. • Removal within 1 year of cessation of use. • Night lighting prohibited. • No regulation for radio frequency emissions as long as in FCC compliance (illegal under FTA of 1996). Article ___ Personal Wireless Facilities

12. SUBSTANTIALLY REVISED SECTION 3.10 • MAJOR ITEMS REMAINING UNCHANGED • By-right facilities: • Small facilities inside, on, or outside of building that meet otherwise applicable zoning requirements, including height limits • Addition or replacement of equipment on approved towers without height increase • Special permit for all other facilities, i.e. towers with same required findings. Article ___ Personal Wireless Facilities

13. SUBSTANTIALLY REVISED SECTION 3.10 • MAJOR ITEMS OF CHANGE • 16 precise definitions of terms including significant gap, adequate coverage and adequate capacity. • Defines the facility site as a lot, or a legally structured assembly of lots for purposes of the 175’ setback to property lines. • Special permit public hearing notices to property owners within 1000‘ (normal 300’). • Setbacks measured from center point of tower base. • Equipment compound required directly at tower base. Article ___ Personal Wireless Facilities

14. SUBSTANTIALLY REVISED SECTION 3.10 • MAJOR ITEMS OF CHANGE • Fencing/landscaping required to screen equipment compound from neighbors’ view. • Special permit may require ground equipment to be housed inside a building - with building design approval power. • Provision for requiring subsequent P.E. certification for compliance with FCC regulations, and State and Federal laws. • Special permit authority to waive zoning bylaw restriction if there is a clear case of an “effective prohibition” under the TCA of 1996. Article ___ Personal Wireless Facilities