ZONING AMENDMENT TELECOMMUNICATION - PLANNING Planning Board Report to Council
Regarding Zoning Amendment
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In the year one thousand nine hundred and ninety seven
An (Orhtnanre amending the Salem Zoning Ordinance
relative to Personal Wireless Service Facilities
Be it ordained by the City Council of the City of Salem, as follows:
Article II, Definitions, Section 2-2, Selected
tery&i& 6rds, by adding the following in alphabetical order:
Antenna: the surface from which wireless radio signals are
sent and received by a personal wireless communication facility.
Carrier: company that provides wireless services.
Co-Location: the use of a monopole by more than one carrier
(vertical co-location) and/or several mounts on an existing
building or structure by more than one carrier (horizontal
co-location) .
FAA: the Federal Aviation Administration.
Fall Zone: the area on the ground within the prescribed
radius from the base of a personal wireless service facility. The
fall zone is the area within which there is a potential hazard
from falling debris (such as ice) or collapsing material.
{ FCC: the Federal Communications Commission.
Guyed Tower: A monopole or lattice tower that is tied to the
ground or other surface by diagonal cables .
Ground Structure: a wireless communications structure
anchored to the ground.
Height: the distance measured from the ground level or roof
level, whichever is the base of the tower, to the highest point on
the structure .
Lattice Tower: a type of mount that is self-supporting with
multiple legs and cross-bracing of structural steel.
Licensed Carrier: a company authorized by the FCC to
construct and operate a commercial mobile radio service system.
Monopole: a type of mount that is self-supporting with a
f single shaft of steel or concrete and a platform (or racks) for
panel antennas arrayed at the top.
Mount: the structure or surface upon which antennas are
mounted, including the following four types of mounts :
roof-mounted, side-mounted (side of a building) ground-mounted,
structure mounted (structure other than a building) .
Non-Residential Structure : such structures as buildings,
t
garages, steeples, and water towers, but does not include houses
or apartments .
Radiofrequency Radiation (APA) : the emissions from personal y
wireless service facilities.
Roof Structure: a wireless communication structure mounted on
a roof of a building or the top of a water tower.
security Barrier: a locked, impenetrable wall, fence or berm
that completely conceals an area from unauthorized entry or
trespass .
Separation: the distance between one carrier's array of
antennas and another carrier's array.
Wireless Communication Building (WCB) s any building or
shelter used to house equipment used primarily for the
installation and operation of equipment for generating and
detecting electroma netic radiation and is an accessory to a
wireless communication structure.
Wireless Communication Device (WCD) : antenna, appurtenance,
wiring, or equipment used in connection with the reception or
transmission of electromagnetic radiation which is attached to a
structure.
Wireless Communication Facility (WCF) : shall be used as a
general term to include wireless communication building, wireless
communication device, and wireless communication structure.
Wireless Communication Structure (WCS) : shall mean a monopole
intended to support equipment used for the transmission and
reception of electromagnetic radiation, including antennas, wiring
or other devices attached thereto.
{ Section 2. Article V, Use Regulations, Section 5-2 , Permitted
Uses by adding the following:
(j Personal Wireless service Facilities : A Wireless
Communication Facility (WCF) can be located and allowed as a
matter of right provided it is located within or, on a preexisting
nonresidential building or municipal structure.
1. In the event that a wireless communication device (WCD) or
structure (WCS) is affixed to an existing nonresidential building
or municipal structure such WCD or WCS shall not exceed fifteen
(15) feet in height above the highest building or structure within
three hundred (300) feet of the proposed WCF.
2 . In the event that a WCD is to be concealed completely in a
preexisting nonresidential structure (e.g. steeples) plans for the
proposed concealed antenna shall be submitted to the Building
Inspector for a written determination that the antenna is not
f visible.
3 . Antennas used for City and State emergency services and
antennas used solely and exclusively for ham radio operation and
home television reception are excluded from this section.
Section 3 . Article V, is further amended, Section 5-3, Special
Permit Uses, by adding the following:
(m) Personal Wireless Service Facilities: An applicant for .a
Wireless Communication Facility (WCF) may not be issued a building
permit unless or until a WCF special Permit has been issued by the
Planning Board. The Planning Board shall approve, or approve with
conditions, if the petitioner can fulfill the requirements of this
section. An application for a WCF Special Permit shall be denied
if the petitioner cannot fulfill the requirements of this section.
1. Purpose: The purpose of this amendment is to provide
areas where wireless communications facilities can be sited by
special permit, while minimizing potential damage and adverse
visual impacts on adjacent properties, residential neighborhoods,
and areas of historic or high scenic value; to allow the provision
of necessary wireless communication services in an orderly way;
and to promote shared use of existing facilities to reduce to
need for new facilities.
2 . General Requirements:
(a) A monopole shall be the only Wireless Communication
Structure (WCS) issued a WCF Special Permits. Lattice towers and
guyed towers are not allowed WCSs.
(b) A WCF special Permit may also be granted for a WCD or
WCs to be affixed to existing, multi-story, apartment buildings or
structures so long as such WCD or WC5 shall not exceed fifteen
(15) feet in height above the highest building or structure within
three hundred (300) feet of the proposed WCF.
(c) To the extent feasible, all service providers shall
co-locate all WCFs on a single facility. WCFs shall be designed
to accommodate the maximum number of users technologicallyp
practical. The intent of this requirement is to reduce tha number
of facilities which will be required to be located within the
community.
(d) WCF structures shall be removed by the owner at the
owner's expense within six (6) months of cessation of use for the
particular purpose for which the applicable Special Permit or any
other permit was originally issued for such WCF. At such a time
as the carrier plans to abandon or discontinue operation of said
WCF, the carrier shall notify the City by certified mail of the
proposed date of cessation or abandonment. If the carrier fails
to remove the WCF in accordance with this section, the City shall
have the authority to enter the subject WCF and physically remove.
The Planning Board may require the applicant to post a bond at the
time of construction to cover costs for the removal of the WCF in
the event the City must remove the WCF.
(e) Any proposed extension in the height, addition of
cells, antennas or panels, constitution of a new facility, or
replacement of a facility, shall be subject to a now application
for an amendment to the Special Permit.
3. Submission Requirements: All applications for WCF special
�. permit shall be made and filed with the Planning Board. For an
applicant to be considered complete five (5) copies of the
following must be submitted:
(a) A locus plan of the proposed area at a scale no
greater than 1"-200' which shows property lines, the exact
location of the proposed structure(e) , streets, residential
dwellings and all buildings within 700' of the property.
(b) A color. photograph or rendition of the proposed
facility with its antennas or panels. A rendition shall also be
prepared illustrating a view of the monopole, dish or antennas
from the nearest street(s) .
(c) The following information must be submitted and
prepared in written form by a knowledgeable registered
professional engineer/and or radiofrequency engineer or other
person deemed qualified by the Planning Board;
(i) a description of the facility;
(ii) the technical, economic and other reasons why the
proposed location, height and design fulfills the purposes of
Section 5-3(m) ( 1) .
(iii) Confirmation that the facility complies with all
applicable Federal and State rules, regulations and standards .
(iv) A description of the capacity of the facility
including the number and type of panels, antennas and/or
transmitter's receivers that it can accommodate for the purpose of
these calculations.
(v) Confirmation to the Building inspector that the
proposed facility complies with or is exempt for applicable
regulations administered by the FAA, FCC, Massachusetts Aeronautic
Commission and the Massachusetts Department of Public Health.
This confirmation will be provided to the Building Inspector by
the then current owner every two (2) years after issuance of the
original building permit.
(vi) The applicable review and advertising fees as noted
in the application guidelines.
l 4. Design Guidelines : The following guidelines shall be used
when preparing plane for the Biting and construction of all WCFe.
(a) No monopole shall exceed two hundred feet (200) in
height.
(b) All facilities shall be painted or otherwise colored to
blend in with the landscape or the structure on which they are
located/attached.
(c) WCFs shall be suitably screened from abutters and
residential neighborhoods .
(d) A security barrier shall be provided to control access to
WCFs and shall be compatible with the scenic character of the
area.
(e) Existing on site vegetation shall be preserved to the
maximum extent possible.
(f) There shall be no signs, except for announcement signs,
no trespassing signs, safety signs and a required sign giving a
Cone number where the owner can be reached on a twenty-four (24)
hour basis. All signs shall conform to the City of Salem'e Sign
Ordinance and Entrance Corridor Overlay District.
(g) A monopole shall not be erected nearer to any property
line than a distance equal to a minimum of one hundred and twenty
-five percent ( 1253) of the height of the monopole measured from
f
cion lowest pul,LL on the base of the moncpcle.
(h) A freestanding monopole shall be located a minimum of
five hundred (500) feet from the nearest residential structure.
(i) Night lighting of towers shall be prohibited unless
f required by the FAA. Lighting shall be limited to that needed for
( emergencies and/or required by the FAA.
Section 4 . Article V1, Density Regulations, Section 6-5, Personal
Wireless Service Facilities is amended by adding the following:
Personal Wireless Service Facilities are exempted from the
density regulations of Article VI. WCFs shall meet the
requirements set forth in Article v, Sections 5-2(j ) and 5-3(m) .
Section 5 . Article VTI, Supplementary Regulat&ons, Section 7-3,
Off-street parking; uncovered, not included in structure, is
amended by adding the following:
(9)
11" $gouired Parkinc
Wireless where a monopole is located,
Communication a minimum of one (1) parking
Facility space shall be required per
monopole.
Section 6 . This Ordinance shall take effect as provided by City
Charter.
In City Council September 11, 1997
Referred to the Planning Board to schedule a Joint Public Hearing
Public Hearing Held on October 1, 1997 . Notice of this meeting
was posted on September 15, 1997 at 10:47 A. M. and advertised in
the Salem Evening News on September 17, and 24, 1997
In City Council October 9, 1997
Planning Board recommendation received and the Ordinance be
adopted for first passage and referred to the Committee on
Community and Economic Development by a unanimous roll call vote
of 11 yeas, 0 nays, and 0 absent
Advertised for first passage on October 15, 1997
In City Council November 20, 1997
Adopted for second and final passage as amended by committee by a
roll call vote of 10 yeas, 0 nays, and' 1 absent
Approved by the Mayor on November 24, '1997
Advertised in the Salem Evening NEws for Second Passage on November
29, 1997
ATTEST: DEBORAB E. BURKINSHAW
CITY CLERK
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CITY OF SALEM - MASSACHUSETTS
ROBERTA. LEDOUX Legal Department JOHN D. KEENAN
City Solicitor 93 Washington Street Assistant City Solicitor
314 Essex Street SalemMassachusetts 01970 15 Church Street
, u
508-741-2111 508-744-8500
TO: AD HOC COMMITTEE ON TELECOMMUNICATIONS FACILITIES:
CRAIGE WHEELER, CITY PLANNER
SCOTT McLAUGHLIN, CITY COUNCIL PRESIDENT
CC: BETH DEBSKI& MEAGAN CAHILL 1
FROM: JOHN KEENAN,ASST CITY SOLICITOR l v
RE: ISSUES TO ADDRESS
DATE: 09 SEPTEMBER 97
Please find attached Amendment to Salem Zoning Ordinance. This is a result of last
week's meeting and our discussion regarding what we're trying to accomplish. I believe
this gives plenty of incentive for siting on municipal structures while avoiding any
potential claims of discrimination under the Telecommunications Act. I took what I
thought was best of Marblehead's ordinance and worked in some other aspects of the
Cape Cod model and other terms from the City Solicitors' Guide.
I provided a copy to Scott McLaughlin as he wanted to start exposing to the council for
this Thursday's meeting. This is not final and can be adjusted before final passage. For
example, we had mentioned removing from Planning Board and setting up a site review
for such requests.
Thank you for your attention to this matter.
JDK
AMENDMENT TO THE SALEM ZONING ORDINANCE:
PERSONAL WIRELESS SERVICE FACILITIES.
Submitted by the Telecommunications Subcommittee_:
Scott McLaughlin, City Council President
Craig Wheeler, City Planner
John Keenan, Assistant City Solicitor
General Ovbrview:
The purpose of this amendment is to allow for the construction of personal wireless
service facilities, both by right (on preexisting nonresidential buildings and municipal structures)
and by special permit at other locations. The moratorium on construction of such facilities was
ordered by the Cit Council on June 24, 1997 and expires on November 24, 1997.
Article II(Definitions), Section 2-2 (Selected terms and words) is hereby amended as follows:
Antenna: the surface from which wireless radio signals are sent and received by a personal
wireless communication facility.
Carrier: company that provides wireless services.
Co-Location: the use of a monopole by more than one carrier (vertical co-location) and/or
several mounts on an existing building or structure by more than one carrier (horizontal co-
location).
FAA: the Federal Aviation Administration.
Fall Zone: the area on the ground within the prescribed radius from the base of a personal
wireless service facility. The fall zone is the area within which there is a potential hazard from
falling debris(such as ice) or collapsing material.
FCC: the Federal Communications Commission.
Guyed Tower: A monopole or lattice tower that is tied to the ground or other surface by diagonal
cables.
Height: the distance measured from the ground level or roof level, whichever is the base of the
tower, to the highest point on the structure.
Ground Structure: a wireless communications structure anchored to the ground.
Lattice Tower: a type of mount that is self-supporting with multiple legs and cross-bracing of
structural steel.
Licensed Carrier: a company authorized by the FCC to construct and operate a commercial
mobile radio services system.
t
Monopole: a type of mount that is self-supporting with a single shall of steel or concrete and a
platform(or racks) for panel antennas arrayed at the top.
Mount: the structure or surface upon which antennas are mounted, including the following four
types of mounts: roof-mounted, side-mounted (side of a building), ground-mounted, structure
mounted(structure other than a building).
Non-Residential Structure: such structures as buildings, garages, steeples, and water towers, but
does not include houses, schools, or apartments.
Radiofrequency Radiation (RFR): the emissions from personal wireless service facilities.
Roof Structure: a wireless communication structure mounted on a roof of a building or the top of
a water tower.
Security Barrier: a p
locked impenetrable wall, fence or berm that completely conceals an area
from unauthorized entry or trespass.
Separation: the distance between one carrier's array of antennas and another carrier's array.
Wireless Communications Building(WCB): any building or shelter used to house equipment
used primarily for the installation and operation of equipment for generating and detecting
electromagnetic radiation and is an accessory to a wireless communication structure.
Wireless Communication Device (WCD): antenna, appurtenance, wiring, or equipment used in
connection with the reception or transmission of electromagnetic radiation which is attached to a
structure.
Wireless Communication Facility(WCF): shall be used as a general term to include wireless
communication building, wireless communication device, and wireless communication structure.
Wireless Communication Structure (WCS): shall mean a monopole intended to support
equipment used for the transmission and reception of electromagnetic radiation, including
antennas, wiring or other devices attached thereto.
Article V. (Use Regulations) is hereby amended:
Section 5-2. (Permitted Uses)
0) Personal Wireless Service Facilities : A Wireless Communication Device (WCD) can be
located and allowed as a matter of right provided it is located within or on a preexisting
nonresidential principal-use building or municipal structure.
I. In the event that a wireless communication antenna is affixed to an existing
nonresidential building or municipal structure such antennas shall not exceed fifteen
(15) feet in height above the level of the point of its attachment to the structure.
2. In the event that an antenna is to be concealed completely in a preexisting
nonresidential structure (e.g. steeples) plans for the proposed concealed antenna shall
2
be submitted to the Building Inspector for a written determination that the antenna is
not visible.
3. Antennas used for City and State emergency services and antennas used solely and
exclusively for ham radio operation and home television reception are excluded from
this section.
Section 5-3. (Special Permit Uses) is hereby amended:
(m) Personal Wireless Service Facilities : An applicant for a Wireless Communication
Facility(WCF) may not be issued a building permit unless or until a WCF Special Permit
has been issued by the Planning Board. The Planning Board shall approve, or approve
with conditions, if the petitioner can fulfill the requirements of this section. An
application for a WCF Special Permit shall be denied if the petitioner cannot fulfill the
requirements of this section.
1. Purpose: The purpose of this amendment is to provide areas where wireless
communications facilities can be sited by special permit, while minimizing potential
damage and adverse visual impacts on adjacent properties, residential neighborhoods, and
areas of historic or high scenic value; to allow the provision of necessary wireless
communication services in an orderly way; and to promote shared use of existing
facilities to reduce the need for new facilities.
2. General Requirements:
(a) Only monopoles shall be issued WCF Special Permits. Lattice towers and
guyed towers are not allowed.
(b) To the extent feasible, all service providers shall locate all WCFs on a single
facility . WCFs shall be designed to accommodate the maximum number of
users technologically practical. The intent of this requirement is to reduce the
number of facilities which will be required to be located within the
community.
(c) WCF structures shall be removed by the owner at the owner's expense within
six(6) months of cessation of use for the particular purpose for which the
applicable Special Permit or any other permit was originally issued for such
WCF. At such a time as the carrier plans to abandon or discontinue operation
of said WCF, the carrier shall notify the City by certified mail of the proposed
date of cessation or abandonment. If the carrier fails to remove the WCF in
accordance with this section the City shall have the authority to enter the
subject WCF and physically remove. The Planning Board may require the
applicant to post a bond at the time of construction to cover costs for the
removal of the WCF in the event the City must remove the WCF.
(d) Any proposed extension in the height, addition of cells, antennas or panels,
constitution of a new facility, or replacement of a facility, shall be subject to a
new application for an amendment to the Special Permit.
3
3. Submission Requirements: All applications for WCF special permit shall be made
and filed with the Planning Board. For an applicant to be considered complete
five(5) copies of the following must be submitted:
(a) A locus plan of the proposed area at a scale no greater than 1"=200' which
shows property lines, the exact location of the proposed structure(s), streets,
residential dwellings and all buildings within 700' of the property.
(b) A color photograph or rendition of the proposed facility with its antennas or
panels. A rendition shall also be prepared illustrating a view of the monopole,
dish or antennas from the nearest street(s).
(c) The following information must be submitted and prepared in written form by
a knowledgeable registered professional engineer:
(i) a description of the facility
(ii) the technical, economic and other reasons why the proposed location,
height and design fulfills the purposes of Section 5-3(m)(1).
(iii) Confirmation that the facility complies with all applicable Federal and
State rules, regulations and standards
(iv) A description of the capacity of the facility including the number and
type of panels, antennas and/or transmitter's receivers that it can
accommodate for the purpose of these calculations
(v) Confirmation to the Building Inspector from a knowledgeable
registered professional engineer that the proposed facility complies
with or is exempt from applicable regulations administered by the
FAA, FCC, Massachusetts Aeronautic Commission and the
Massachusetts Department of Public Health. This confirmation will
be provided to the Building Inspector by the then current owner every
two (2) years after issuance of the original building permit.
(vi) The applicable review and advertising fees as noted in the application
guidelines.
4. Design Guidelines: The following guidelines shall be used when preparing plans
for the siting and construction of all WCFs.
(a) No facility shall exceed sixty-five (65) in height.
(b) All facilities shall be painted or otherwise colored to blend in with the
landscape or the structure on which they are located/attached.
(c) WCFs shall be suitably screened from abutters and residential neighborhoods.
4
• (d) A security barrier shall be provided to control access to WCFs and shall be
compatible with the scenic character of the area.
(e) Existing on site vegetation shall be preserved to the maximum extent possible.
(f) There shall be no signs, except for announcement signs, no trespassing signs,
safety signs and a required sign giving a phone number where the owner can
be reached on a twenty-four(24) hour basis. All signs shall conform to the
City of Salem's Sign Ordinance and Entrance Corridor Overlay District.
(g) A facility shall not be erected nearer to any property line than a distance equal
to a minimum of one hundred (100) feet measured from the lowest point on
the base of the facility.
(h) A tower shall be located a minimum of five hundred (500) feet from the
nearest residential structure.
(i) Night lighting of towers shall be prohibited unless required by the FAA.
Lighting shall be limited to that needed for emergencies and/or required by
the FAA
Article VI. (Density Regulations) is hereby amended:
Section 6-5. Personal Wireless Service Facilities.
Personal Wireless Service Facilities are exempted from the density regulations of Article VI.
Article VII. (Supplementary Regulations) is hereby amended:
Section 7-3: (Off-street parking);
Use: Personal Wireless Service Facility arkin s ace shall be
Required Parking: where a monopole is located a minimum of one (1) p g P
required per monopole.
5
CITY OF SALEM - MASSACHUSETTS
ROBERTA. LEDOUX Legal Department JOHN D. KEENAN
City Solicitor 93 Washington Street Assistant City Solicitor
314 Essex Street SalemMassachusetts 01970 15 Church Street
, s
508-741-2111 508-744-8500
TO: AD HOC COMMITTEE ON TELECOMMUNICATIONS FACILITIES:
CRAIGE WHEELER, CITY PLANNER
SCOTT McLAUGHLIN, CITY COUNCIL PRESIDENT
FROM: JOHN KEENAN,ASST CITY SOLICITOR
RE: ISSUES TO ADDRESS
DATE: 27 AUGUST 97
❑ Can the Telecommunications Act muster a constitutional challenge for pre-emption of local
zoning rights? I think it probably does pursuant to Commerce Clause—but I really don't
think we care anyhow. Great opportunity for revenue for city if handled appropriately.
❑ Have we sought expert input from communications industry? (placement of sites, number of
sites anticipated?)
❑ How many wireless communications facilities do we presently have?
❑ How many are needed for sufficient coverage of Salem for next 15-20 years?
(approx 9 sq. miles , should be 2,500 feet apart from each other).
❑ Creation of overlay districts or specific, city owned parcels to be put out for bid for leases (ie.
Seekonk, Beverly, Braintree, Dudley). Can only place here or can place anywhere but here
(ie historic districts).
❑ What City parcels available for this - taking into consideration that industry wants to place
near major travel routes ie Routes 1A, 107, 114? (Salem High School, Bertram Field,
Gallows Hill (water tank— see Braintree& Dudley proposals for bids on their tanks).
❑ Use of pre-existing sites or permit creation of new facilities/monopoles?
❑ Do we know what other communities are getting for leases?
Fixed yearly leases or percentage of gross revenue (Springfield, M0)?
Braintree $24,000/yr for tank and other sites
Bolton$12,000/yr for one site ($60k up front for five year lease).
Dudley $2-3,000/mo for tank(to be built).
i
❑ Permitted use, by-right or subject only by special permit use through board? Easier to incent
to City property by-right with restrictions in use ordinance.
❑ Goals to achieve:
Raise revenue for City
Optimal use of co-locating (industry suggests at least 10 feet apart with ideal of
15-20 feet).
Minimal aesthetic interference (especially with any historic districts).
❑ Other issues:
o Five month moratorium expires November 24, 1997.
❑ Next steps???
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CONDIT
APR 17 1997
Salem Planning Dept.
9B�IMIN6W
April 17, 1997
Craig Wheeler
City Planner
City of Salem
Salem, Ma. 01970
Dear Mr. Wheeler:
You are respectfully requested to appear before the City
Council Committee on Community & Economic Development on
Wednesday, April 23, 1997 at 6 : 30 P. M. in the Council Chamber
for the purpose of discussing the enclosed.
Very truly yours,
QOH E.
ZZINA9W
CITY CLERK
Enclosed ( 1)
y
v��CONUIT,�,'Q
CITY OF SALEM
9�O�rnNeo�� In City Council, April 10, 1997
Ordered:
That the Director of Planning and the City Solicitor meet with
the Committee on Community and Economic Development no later than April
24th, 1997 to discuss appropriate actions by the City by way of
ordinances, regulations and polices in response to the 1996 Tele
Communications Act.
In City Council April 10, 1997
Adopted
4
r
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
C�n/l
*,`ox CITY OF SALEM
In City Council,
tT
Ordered:
For the purposes of allowing the City Council, the Planning Board, the Zoning
Board of Appeals and the City Council's Ad Hoc Committee on Telecommunications
Facilities sufficient time to undertake a comprehensive study with respect to regulating the
use of land in the eity of Salem for wireless eommnieatiens feeilities and develop zefting
by-law amendments regulating the location, height, size, appearance, screening, site
standards, structure relationships, buffer requirements and all other aspects of wireless
communications facilities...
.That no building permit nor special building permit be granted by the Zoning
Board of Appeals d by 4he office ofthe Building-laspect0r fbr the-purposes ofthe
siting and construction of wireless c u ca ' ns facilities
from June 24, 1997, and that no said wireless communications facility be constructed
within the city limits except where a special permit has already been granted by the Zoning
Board of Appeals for said facility before June 24, 1997.
And he it fiirther ordered that the d Ron Cnmmittee. nn T lerommuniratinnc
dated June 24,1997 be attached and applied to this council order number upon its
adoption by the City Council.
MEMORANDUM
To: Distribution
From: The Ad Hoc Committee on Telecommunications Facilities
Subject: Terminology and Construction Permitting WaitingPeriod.
Terminology
For the purposes of clarity the following terms should by made known to the City Council,the Planning
Board,The Zoning Board of Appeals and the office of the Building Inspector:
Wireless Communications Facilities-A facility for the provision of personal wireless
communications services, including but not limited to a freestanding or ground mounted structure with
antenna(s)or other devices, if any,together with any guy wires and accessory structures,which shall not
include a service yard,a garage or the outside storage of equipment and vehicles.
Wireless Communications Services-Services which facilitate the transmission of writing, signs,
signals,pictures,and sounds of all kinds without the aid of wire,cable,or other like connection between
the points of origin and reception of such transmission,in order to facilitate the following services:
cellular telephone service,personal communications services,paging services,or enhanced specialized
mobile radio services.
Reasons for Construction Permitting Waiting Period
The following are set forth as reasons for establishing a temporary moratorium of the construction
permitting for telecommunications facilities.
• There have been significant changes in the federal law regulation wireless communications
facilities as a result of the federal Telecommunications Act of 1996.
• There have been significant changes in state law regulating the zoning of wireless
communications facilities as a result of the decision of the Massachusetts Department of Public
Utilities in the mater of Dispatch Communications of New England, Inc. d/b/a Nextel
Communications,Inc. DPU-95-59(1996)
• The City of Salem has a limited number of potential sites which would be suitable for the
erection of wireless communications facilities
• The City of Salem is an area in where several wireless communications companies have shown
interest.
• The City of Salem must take into account probable future development to prevent inappropriate
development and to plan for the welfare of its present and future inhabitants
• The City of Salem must act carefully in a field with evolving law and technology.
• Moratoria on special permitting and permitting of construction of wireless communciation
facilities of up to six months have been upheld in federal and state court.
Distribution:
The Mayor
City Council
Planning Board
Zoning Board of Appeals
Building Inspector