Please Note: As of 9/21/09 this document is undergoing revisions to coordinate it with changes that were voted to Sect. 5.9 of the Zoning Bylaws (Personal Wireless Service Facilities) at the May 2009 Town Meeting, these changes now being reviewed by the State.
Please check with the Planning Office (978-369-9702) for the most current information on both the Bylaw and the Rules and Regulations.
Carlisle Planning Board
Rules and Regulations
regarding
Special Permits and Site Plan Approval
for
Personal Wireless Service Facilities
January 8, 2007
Amended May 2, 2007
Carlisle Planning Board
Rules and Regulations regarding Special Permits and Site Plan Approval
for
Personal Wireless Service Facilities
January 8, 2007
Amended May 2, 2007
Table of Contents
I Introduction
II The Application
III Filing the Application
IV Fees and Charges
V The Public Hearing Notice
VI Decision
VII Appeal Period
VIII Pre and Post Construction Conditions
IX Lapse of Special Permit and Site Plan Approval
X Amendments to Special Permit and Site Plan Approval
XI Extension of Special Permit and Site Plan Approval
XII Modifications
I. Introduction
A. Pursuant to Section 5.9 of the Carlisle Zoning Bylaw ("Zoning Bylaw"), a Special Permit and Site Plan approval from The Carlisle Planning Board are required before installation of any personal wireless service facility. In the event of conflict between the Zoning Bylaw and these Rules and Regulations, the Zoning Bylaw shall control. Terms not defined herein shall be as defined in the By Law.
B. Several different types of wireless Facility installations are permitted under the Zoning Bylaw, including:
Co-location on existing towers
Installation in/on existing buildings or structures
Installation with new towers,
Installations with Small Form Factor Technologies
C. The Zoning Bylaw sets forth a number of restrictions on installations, and potential Applicants are urged to read the Zoning Bylaw, in addition to these Regulations, very carefully to insure that Applications are complete, accurate, and appropriate to the particular type of installation contemplated.
D. In the event the Applicant requires a variance, permit or other relief from the Carlisle Zoning Board of Appeals or any other board or committee, such variance, permit or other relief should obtained before the Planning Board can issue a decision. The Applicant should file concurrent Applications with the Planning Board and any other applicable boards or committees as required, and Applicant shall provide evidence of such submission(s) with its Application to the Planning Board. In the event the Applicant must file with additional boards or committees, the first formal public hearing should be opened by the Planning Board before any other boards or committees hold hearings on the Application.
E. The Applicant is urged to discuss the Application at a regular Planning Board meeting before filing, and to discuss the Application with any consultant or advisory committee selected by the Planning Board for assistance with reviewing the application. In connection with such discussions, the Applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board and its consultants of the location of the proposed Facility, as well as its scale and overall design. This will help the Planning Board in providing direction to the Applicant and identifying potential issues and needed information. Appointments to meet with the Board must be made through the Planning Board office.
F. The procedures required by Massachusetts General Laws (M.G.L.) Chapter 40A, Section 9 for the issuance of a Special Permit shall apply to the submittal. The Special Permit Granting Authority (SPGA) for Applications for a personal wireless service facility is the Planning Board.
II. The Application
A. Each Application shall include:
1. Forms entitled "Application for Personal Wireless Service Facilities Special Permit and Site Plan Approval" and "Notice of Public Hearing" (available from the Planning Board Office), together with the payment of an Application Fee and Review Fee, as specified by the Planning Board. At least one personal wireless service provider and the landowner of the proposed Facility Site of the Facility shall be the Applicant or co-Applicants and evidence required in Section 5.9.3.10 of the Zoning Bylaw shall be provided.
2. A map of the Town of Carlisle, at a scale of 1"-5000' (or as otherwise specified by the Board), including all contiguous towns to a distance of one (1) mile from the Town of Carlisle boundaries, showing the locations of all existing and in-process Personal Wireless Service Facilities and other existing, fully permitted Towers and structures that are suitable for siting a wireless Facility (for example, steeples, cupolas or windmills) that can provide coverage into Carlisle or connect coverage with facilities in Carlisle.
3. A table of pertinent data about each Facility or structure of interest, including such information as location, geo-coordinates, ground elevation, structure elevation, elevations of existing facilities, elevations available for new facilities.
4. A plot plan showing the proposed location at a scale of 1"=200' (or as otherwise specified by the Board) prepared by a qualified individual showing:
a. A 900-foot radius circle from the Facility to enable application of Sections 5.9.3.20 of the Zoning By Laws.
b. The property lines, location and use of all structures and buildings on the Site and within 1,000 feet of the Site, including, but not limited to, the uses identified in Sections 5.9.3.20.1-3 of the Zoning By Laws.
c. All land uses, and zoning classification(s) of the Site and within 1,000 feet of the Site, as well as the location of any zoning boundary lines or overlay districts that lie within such area.
d. The location of all wetlands, wetland buffer areas, conservation lands, conservation easements or restrictions, streams and other water bodies on the Site or within two hundred feet (200') of the proposed location of the Facility or the access road to the Site and/or Facility.
e. A 1.5 times overall height radius from any proposed Tower to enable application of Section 5.9.3.6 of the Zoning Bylaws.
f. The location of any existing access routes, fencing, buildings, utilities, and other site improvements.
g. When a new Facility is proposed, the characteristics of existing on-site vegetation shall be shown to enable the Planning Board to assess the potential effect of the Facility on the surrounding area as set forth in Sections 5.9.3.7 and 5.9.3.8 of the Zoning By Laws.
h. Topographic information on the site within 100 feet of the Tower, Facility or any proposed construction or improvements, at 2-foot contour intervals or such of sufficient resolution to convey topographic features without detracting from other information on the map.
i. All proposed changes to the Site, including grading, vegetation removal and planting, and temporary or permanent roads and driveways, including, but not limited to, emergency access routes that may be required pursuant to Section 5.9.3.22 of the Zoning By Laws.
j. Drainage calculations for the Site and properties adjacent to any access roadway, stamped by a Massachusetts registered professional engineer, showing pre- and post-drainage conditions. Requirements for drainage design can be found in the Carlisle Planning Board's Subdivision Rules and Regulations, which are hereby incorporated by reference, as applicable.
k. Materials and colors for all elements of the Proposed Personal Wireless Facility and other information or illustrations that will enable the Planning Board to assess the impact of the Facility on the surrounding area as set forth in Sections 5.9.3.5.1 and 5.9.3.14 of the Zoning Bylaw, as applicable.
l. Landscape plan including existing trees and shrubs and those proposed to be added to the Site, identified by number, size of specimen and species.
5. Plans
a. A site plan at 1" = 40' scale or other scale approved by the Planning Board, showing the proposed Facility, other development or installations on the Site, all property boundaries, and all environmental conditions relevant to the review of the application, including, but not limited to, the elements indicated in Sections 5.9.3.20.4-6 of the Zoning Bylaws.
b. Facility plans and elevation drawings depicting equipment installation and structures. The plans must indicate key dimensions.
6. A description of the anticipated use of the Site by the Applicant, including proposed and potential future Antenna requirements, Associated Antenna Equipment space requirements and other information relevant to portray the expected use of the Site by the Applicant. A description of the projected co-location potential of the Site or Antenna by other Personal Wireless Service Providers must be included as part of the description.
7. Information and statements required in connection with the Planning Board's deliberations under Section 5.9.4 of the Zoning Bylaw, including, but not limited to:
a. A demonstration of an existing significant lack of the Personal Wireless Service and the need for the particular proposed Facility, and shall provide:
(1). Coverage plots depicting the areas of sufficient and insufficient coverage. Coverage plots shall be accompanied by tabular information about coverage plot assumptions, including such information as Facility coordinates, elevations, frequency bands, effective power levels and like relevant information;
(2). A rationale of the coverage threshold applied by the Applicant, including a link budget
derivation of the selected thresholds; and
(3). A description of any other factors relating to the coverage need, such as documentation
of capacity issues or interference limitations to coverage.
b. Documentation showing to what degree existing Facilities could be modified to provide more coverage to the relevant areas.
c. If Small Form Factor Technologies, in/on building installation or Concealed Antenna Monopoles are not proposed, documentation demonstrating the possible provision of service with one or more Facilities employing these means.
d. A projection of future Personal Wireless Service needs and how they might be fulfilled in Carlisle based on current known plans or intentions of the Applicant.
8. A demonstration that the height of the Facility proposed (particularly for a Tower or Monopole installation or an extension above an existing structure) is the minimum necessary to address the provision of service requirements.
a. If co-location potential contributes to the proposed height, documentation of the minimum height necessary without co-location shall be provided as well.
b. Computer generated coverage plots may suffice for this demonstration, however in circumstances where even a minor change in height may pose a significant change in the impact of the Facility on the community, carefully conducted and documented drive testing of the proposed height and alternative heights may provide the accuracy necessary to determine an optimum height trade-off between impact and coverage.
9. In the event that a waiver of the 900-foot setbacks is sought under 5.9.3.21,
a. Demonstration that the proposed Facility satisfies the provisions of Section 5.9.3.21 of the Zoning Bylaw;
b. Documentation detailing the efforts and results in seeking the provision of service substantially by means not requiring waivers;
c. Evidence that the proposed Facility or Facilities otherwise fully satisfy the Zoning Bylaw criteria;
d. Demonstration that, if a Concealed Antenna Monopole is proposed in excess of 60 feet overall height, heights up to 60 feet cannot substantially fill the coverage requirement. Such demonstration should include the possibility of additional complementary Facilities such as the addition of Facilities on existing buildings or Towers, or the placement of additional Concealed Antenna Monopoles at 60 feet or less.
10. Proposal for or documentation of a Visibility Test which may be scheduled before or during the hearing of the application at the discretion of the Board. A balloon, crane or other method of simulating the height of the facility should be conducted by a qualified person and the actual height(s) tested should be verified in the field by a qualified person. In coordination with the Planning Board, an Applicant for a Tower or an extension to an existing one shall perform a visibility test prior to closure of the record. The visibility test shall consist of the erection of a crane, balloon, or other object at the proposed position and height of the tower or extension for a period of time that is sufficient for the general public to have a reasonable opportunity to make plans to observe it. The Applicant shall submit
evidence of having met the public notice requirements. At the discretion of the Planning Board, the Applicant may be required to perform a comparative visibility test of alternative approaches. A comparative test may include the erection of a marker at an alternative elevation on the proposed location of the facility, an alternative location on the proposed Site, and/or alternative locations elsewhere that may be viable and more in keeping with the goals of the Zoning Bylaws. During the test, the Applicant shall direct a qualified person to take photographs of the test from vantage points agreed upon by the Planning Board and from any further points at which its visibility is encountered during the test.
11. An initial Visibility Analysis pursuant to Section 5.9.3.24 of the Zoning Bylaws which will include photo simulations from viewpoints in the area of the Facility as well as other information that may be required by the Planning Board or its consultants. Such analysis shall include plans, drawings, and pictographic representations of the appearance of the Facility from the various points of view. Facilities for which a visibility test is performed shall employ the photographs of the visibility test to develop photo-simulations of the proposed facility and any alternatives requested by the Planning Board. For taller facilities that may have impacts on scenic views well beyond the general area of the proposed location, the Planning Board may also require a visibility map be submitted which predicts where the facility may
be visible in winter and summer seasons. This map may be employed to help identify locations at which to photograph a visibility test. The visibility analysis shall be prepared by a qualified person. The Board may choose to defer this requirement until a Visibility Test (5.9.3.23) has been conducted or if the proposal is so limited in visibility that such analysis is irrelevant. Applicant should consult with the Board on recommended locations to consider for Visibility Analysis. If the Facility is to be located on, or otherwise attached to, an existing building or structure as provided for in Section 5.9.3.5, the Applicant must submit renderings, photo-simulations or other accurate representation(s) of the proposed Facility so as to illustrate the compatibility of the Facility with the character of its surroundings.
12. Documentation showing how the proposed Facility will be compliant with FCC and other applicable requirements regarding human exposure to radio frequency energy, and the provisions of certifications of such if required by the Planning Board.
13. If a proposed Facility extends above the surrounding vegetation height, documentation prepared by a qualified person regarding any possible FAA marking and lighting requirements shall be supplied.
14. A NEPA evaluation conducted by a qualified person. Also, if any Environmental Assessment (EA) is required by the FCC through its administration of the National Environmental Policy Act (NEPA) via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. 1), a copy of the EA must be provided to the Board.
a. The Board may apply a monitoring protocol regarding the emissions, safety, and/or structural integrity of the facility as a condition of the permit at the time of issuance of the permit. Generally, the safety of such facilities is anticipated to be maintained through responsible oversight by the applicant and the presence of existing laws and regulations. Only in special circumstances is it anticipated that routine monitoring of the emissions, safety, and/or or structural integrity of a facility would be necessary.
b. If the Planning Board determines, with the input of a qualified person, a substantial interference potential exists, the Planning Board may require the applicant to coordinate initial system operation in a manner recommended by the consultant to minimize potential diminution of public safety as a consequence of the operation of the Facility.
15. If applicable, a copy of the signed lease for the Facility, which among other things, obligates the Applicant, and its successors and assigns, to comply with the decision of the Planning Board.
III. Filing the Application
The Applicant must file the Application as follows:
A. One (1) copy with the Town Clerk.
B. One (I) copy with the Conservation Commission; and any Boards, Commissions or Committees, other than the Planning Board, that will be required to review and issue a decision regarding the Application.
C. Eight (8) copies (showing the date and time of filing as certified by the Town Clerk and a receipt from the Carlisle Conservation Commission and any other Boards, Commissions or Committees required to review the Application) with the Planning Board through the Planning Board office.
IV. Fees and Charges
A. The Application Fees for a Personal Wireless Service Facility are listed on the Application for Special Permit and Site Plan Approval, attached to and incorporated by reference in these Regulations.
B. Review of a Personal Wireless Service Facility Application is expected to require the services of outside consultants and independent professionals. Specifically (but without limitation), the Planning Board may hire an independent professional radio frequency expert to review the need for the wireless facility, and to confirm that the wireless facility meets all applicable radio emission standards. The Planning Board also expects to hire an independent engineer to review the design of the site to ensure that the project complies with all applicable Town regulations. The Board requires that Applicants pay a Project Review Fee in an amount specified by the Planning Board consisting of the anticipated costs to be incurred for the employment of outside consultants engaged by the Board to assist in the review of a proposed
project, and to replenish such fee as required by the Board.
C. In hiring outside consultants, the Planning Board may engage engineers, planners, lawyers, or other appropriate professionals who can assist the Board in analyzing a project. Such assistance may include, but not be limited to, application analysis, design review, monitoring, inspecting a project, or construction observation and post construction verification of performance.
D. Funds received by the Planning Board pursuant to this section shall be deposited with the Town treasurer who shall establish a special account pursuant to M.G.L. c.44 Section 53G for this purpose. Expenditures from this special account may be made at the direction of Board without further appropriation. Expenditures from this special account shall be made only for services rendered in connection with a specific project. Accrued interest may also be spent for this purpose. Failure of an Applicant to pay the required fees set forth herein shall be grounds for disapproving a project or rescission of an approval.
E. Upon completion of the construction of the Facility in accordance with the Zoning Bylaw and these regulations, and upon the Applicant's written request, any excess amount in the account, including interest, attributable to a specific project shall be repaid to the Applicant or the Applicant's successor in interest. Any deficit in the account shall be billed to the Applicant. A final report of said account shall be made available to the Applicant or the Applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an Applicant's successor in interest shall provide the Board with documentation satisfactory to the Board establishing such succession in interest.
F. The Applicant shall reimburse the Town for all expenses incurred by the Board for services in excess of the initial Project Review Fee paid, including any professional review fees and independent consultant fees.
V. The Public Hearing Notice
A. Content: The notice of the hearing is the Applicant's responsibility and must satisfy the requirements of M.G.L. c. 40A Section 11, and must include without limitation the date, time and place of the hearing, the proposed location of the Facility, and the permit(s) and approval(s) being sought. The Applicant must review the content of the notice with the Board's designee before the Applicant mails or publishes it as required below.
B. Service of notice: The Applicant must publish the notice in a newspaper of general circulation in Carlisle, as required pursuant to M.G.L. c. 40A Section 11file it with the Town Clerk, and mail it by certified mail to all Parties in Interest. A Party in Interest is all abutters, owners of land directly opposite on any private or public street or way; and abutters to the abutters within three hundred feet (300') of the property line of the Site and within nine hundred feet (900') of the Facility as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, unless the Applicant has knowledge of any subsequent changes.
C. Deadlines for publication and service of notice: The Applicant must publish the notice in a newspaper of general circulation in Carlisle once in each of two consecutive weeks, with the first publication occurring no fewer than fourteen (14) days before the date of the hearing, calculated by excluding the date set for the hearing. The Applicant must also file the notice with the Town Clerk, and mail it by certified mail to all Parties in Interest no fewer than fourteen (14) days before the hearing, calculated by excluding the date set for the hearing. The Applicant shall present to the Board's designee, at least one business day before the date of the public hearing, the certified mail return receipts as evidence that all Parties in Interest have been notified as required by law, a copy of the notice date stamped by the
Town Clerk, and one set of newspaper tear sheets containing the published notice.
D. Except as provided in subsection V.B. above, to the extent there is a conflict between this Section and Massachusetts General Laws Chapter 4OA, such General Laws shall control.
VI. Decision
A. The Planning Board must make its decision on the Special Permit and Site Plan within 90 days of the close of the Public Hearing or within such extension of time as may have been agreed in writing between the Applicant and the Board. A decision to grant a special permit requires five (5) members of the seven member Planning Board to vote in favor of the grant.
B. The Planning Board must:
1. File with the Town Clerk a copy of its decision including a detailed record of its proceedings,
2. Promptly mail a certified copy of its decision to the Applicant, and
3. Promptly mail notices of decision to the Parties in Interest and to the Carlisle
Conservation Commission, the Board of Selectmen and any other Boards, Commissions or Committees that are part of the Application review process.
C. The Date of Filing of the Decision is the date when the decision of the Planning Board has been filed with the Town Clerk.
D. If the Planning Board fails to make a decision within 90 days of the close of the Public Hearing or within such extension of time as may have been agreed upon in writing between the Applicant and the Board, the Special Permit shall be deemed to have been granted (Massachusetts General Laws Chapter 40A, Section 17).
Vll. Appeal Period
The Appeal Period lasts 20 days from the Date of filing of the Decision. Notices of any appeal made to the Superior Court or Land Court must be received by the Town Clerk within those 20 days (Massachusetts General Laws Chapter 40A. Section 17).
VllI. Pre and Post Construction Conditions
A. Conditions necessary before any construction may occur are as follows:
1. The Appeal Period set forth above has elapsed without appeal, or if appealed, the court has not enjoined construction during the pendency of the appeal.
2. The Special Permit and Site Plan approval, including all plans, agreements, etc. as specified in the decision, must be recorded in the Middlesex North County Registry of Deeds (Registry). The copy of the Special Permit and Site Plan approval to be recorded must bear the certification required by Massachusetts General Laws, Chapter 40A, Section II. A copy of the recorded decision shall be filed with the Town Clerk, the Building Inspector and the Planning Board.
3. A construction control affidavit submitted to the Building Inspector, committing the Applicant to preparing a construction control certification by a Massachusetts registered professional engineer for all disciplines involved in the project (including but not limited to civil, structural, and electrical) certifying that the final project has been built in accordance with the plans and specifications.
4. After the construction of any Personal Wireless Facility, and prior to the issuance of a Certificate of Occupancy, or other similar certificate as may be deemed appropriate by the Building Inspector, the Applicant shall provide the Planning Board with an as-built plan showing the facility, all appurtenant equipment and any access road(s), and the Board's consulting engineer shall have certified that construction has been completed in accordance with this plan and with all conditions of approval.
B. Notice of Changes: The owner of a Personal Wireless Service Facilities shall notify the Planning Board, in writing, prior to any modification to the facility or facility site that would substantially change its appearance or visibility, or otherwise change its performance under this bylaw and/or the terms of its Special Permit, and such proposed modification must receive prior approval from the Planning Board. The Board may elect to informally permit the change, or require Site Plan Review, or require an application for a Special Permit or modification of a Special Permit.
C. Insurance: Personal Wireless Service Facilities shall be continuously insured by the owner(s) against injury or death to persons and damage to persons or property. The owner(s) shall provide a Certificate of Insurance to the Building Inspector on an annual basis.
IX. Lapse of Special Permit and Site Plan Approval
Failure to record the Special Permit and Site Plan Approval as stated in VIII(A)2 and all documents associated with the approval within 60 days of the completion of the appeal period shall cause the Special Permit and Site Plan Approval to lapse unless approval has been extended by the Board and said extension filed in the Town Clerk's office.
X. Amendments to Special Permit and Site Plan Approval
A. Submission requirements for requests to amend a Special Permit and Site Plan approval are the same as for the original Application for a Special Permit and Site Plan approval.
B. Where the Planning Board finds insignificant changes to the Special Permit and Site Plan approval granted under this section are necessary (such as, but not limited to, the correction of typographical errors), such corrections may be made without the requirement of filing an amended Special Permit and Site Plan Application.
XI. Extension of Special Permit and Site Plan Approval
Any and all extensions of special permits and site plan approvals shall be at the Board's discretion, and granted only when in the best interest of the Town.
XII. Modifications
A modification of a Personal Wireless Facility may be considered equivalent to a new Personal Wireless Facility and therefore may require a submission of a new Application. Except in the case of repairs, as set forth in 5.9.2.15, proponents of modifications shall appear before the Planning Board to present proposed modifications in order that the Board may determine whether the modifications require the submission of a new application.
Carlisle Planning Board
66 Westford Street, Carlisle, MA 01741
Tel: 978-369-9702 Fax: 978-369-4521
Application for Personal Wireless Service Facilities
Special Permit and Site Plan Approval
(Adopted January 8, 2007)
Applicant: Name_______________________________________________________________________________
Address________________________________________________________________
Telephone number _______________________________________________________________
Service Provider: Name__________________________________________________________________________
Address________________________________________________________________
Telephone number________________________________________________________
Owner (if the Applicant is not the Owner): Name _____________________________________________________
Address ________________________________________________________________
Telephone number Location of property_____________________________________________________________
Total area __________________ Total Frontage_____________________________
Assessor's Map: Sheet(s) #________________ Lot(s) #_________________________
#________________ #___________________
#________________ #___________________
Recorded at North Middlesex Registry of Deeds in Book # _____________ and Page #_____________
#_____________ and Page #_______________
#_____________ and Page #_______________
Fee for a Personal Wireless Service Facility Special Permit and Site Plan Approval Application: $5,000.00 (A special fee structure for more than one Small Form Factor Technology facility heard concurrently may be offered at the discretion of the Board.) Review Fee: $7,500.00
Signature of Service Provider_______________________________________________________Date___________________
Signature of Owner______________________________________________________________Date_______________________
Signature of Applicant____________________________________________________________Date_____________________
Signature of Town Clerk_________________________________________________Date___________________
___________________________________________________________________________________________________________Received from__________________________________________________ a copy of this form with the Town Clerk’s signature, dated, with application fee of $_______________ and Project Review Fee of $___________________ on (date)
Planning Board Signature___________________________________________________________________________
Title _____________________________________________Date______________________
If special permit Is granted, please return a copy of the recorded decision to the above address within 60 days.
Town of Carlisle
Planning Board
Legal Notice of Public Hearing
In accordance with the provisions of Massachusetts General Laws, Chapter 40A, Section 9, the Carlisle Planning Board will hold a public hearing on (date) ___________________ at _____________p.m. at the Carlisle Town Hall, 66 Westford Street, Carlisle, MA on the petition of __________________________________________________for approval of a SPECIAL PERMIT and a SITE PLAN for a Personal Wireless Communications Facility under Section 5.9 of the Carlisle Zoning Bylaw for the parcel located at ____________________________________________________
and shown on Town Atlas Map(s)_________________________________, Parcel(s)_______________________.
Plans may be reviewed at the Town Clerk's office, 66 Westford St., Carlisle, MA, from 9:00 a.m. to 3:00 p.m., Monday through Friday.
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