§ 135-1603. Jurisdiction.

No wireless communication facility shall be erected or installed except in compliance with the provisions of this section.

A. 

Indoor wireless communication link.

(1) 

An indoor wireless communication link may be installed in any existing structure or building, except for schools, hospitals, convalescent and nursing homes and residential dwellings.

(2) 

Application fees for an indoor mounted wireless communication link shall be as required by § 135-1611.

B. 

Building-mounted wireless communication link.

(1) 

A building-mounted wireless communication link may be located on any municipal building or structure or any building or structure located in a Highway Business or Commercial Zoning District. No building-mounted wireless communication link shall be allowed on schools, hospitals, convalescent and nursing homes and residential dwellings.

(2) 

Application fees for a building-mounted wireless communication link shall be as required by § 135-1611.

(3) 

A building-mounted wireless communication link may be placed on the roof or facade of a building or structure without regard to setback requirements unless said communication link is within 500 feet of a school, hospital, convalescent and nursing home or residential dwelling. Should relief be sought from the Zoning Board of Appeal to allow construction of said communication link within 500 feet of a school, hospital, convalescent and nursing home or residential dwelling, notice (in accordance with MGL c. 40A) of the Zoning Board of Appeal hearing shall be provided to all abutters within 500 feet of the proposed location of said communication link.

[Amended 10-4-2004 STM by Art. 12]

(4) 

The height of a building-mounted wireless communication link shall not exceed 10 feet above the existing height of the building.

(5) 

A building-mounted wireless communication link shall be situated on, or attached to, a building or structure in such a manner that it is screened, painted or otherwise configured to blend in with the structure or building in a manner that minimizes the visibility of the communication link.

C. 

Wireless communication tower.

(1) 

Authorization.

(a) 

A wireless communication tower may be constructed in a Highway Business Zoning District.

(b) 

In all cases, a special permit is required from the SPGA for the construction of a wireless communication tower.

(c) 

Any proposed extension in height, any addition of cell antennas or panels, or any construction of a new or replacement tower shall be subject to a new application of a special permit.

(2) 

Performance standards for wireless communication towers.

(a) 

Wireless communication towers shall be freestanding monopoles, with associated antenna and/or panels. Lattice-style towers and similar facilities requiring three or more legs and/or guy wires for support shall not be allowed.

(b) 

There shall not be a tower located within two miles of a proposed tower unless the applicant demonstrates to the satisfaction of the SPGA that placing the tower closer will result in a significantly lower tower or significantly more uses on the tower or will significantly improve protection of the viewshed of the Town of Braintree.

(c) 

In the event of conflicting applications, the SPGA shall make a judgment as to which proposed wireless communication facility, if any, is most suitable.

(d) 

The size and height of a tower shall be the minimum necessary to accommodate the proposed and anticipated future uses with the following provisions:

[1] 

The tower height, including any appurtenant equipment and devices, shall not exceed 60 feet above the average grade of the existing terrain at the tower's base, unless the SPGA determines that a higher tower will result in significantly fewer towers or a significantly improved protection of the viewshed of the Town of Braintree.

[2] 

In no event shall the tower height, including appurtenant equipment and devices, exceed 100 feet.

(e) 

To the extent feasible, all wireless communication facilities shall be collocated on a single tower. Towers shall be designed in all respects to accommodate the maximum number of uses technologically practical, and an applicant shall agree to permit other service providers to collocate on the tower with commercially reasonable terms.

(f) 

All towers shall be designed so that, if additional users require said location, the existing tower can be expanded on or replaced with the minimum of technical difficulty and disturbance to the neighbors. The maximum configuration shall by determined during the permitting process.

(g) 

A tower shall not be erected closer to any property line than a distance equal to the vertical height of the facility (inclusive of any appurtenant devices) measured at the mean finished grade of the facility base.

(h) 

A tower shall be erected a minimum distance of 500 feet from any school, hospital, convalescent or nursing home, playground/athletic field, residential lot line.

(i) 

Siting of a tower shall be such that the view of the tower from adjacent abutters, residential neighbors and other areas of the Town shall be as limited as possible. All towers shall be painted or otherwise colored or camouflaged so that they will blend in with the landscape on which they are located. A different coloring scheme shall be used to blend the tower with the landscape below and above the tree line.

(j) 

Existing on-site vegetation shall be preserved to the maximum extent practicable.

(k) 

To the extent technological feasible, all network interconnections for the tower shall be via land lines.

(l) 

Fencing shall be provided to control access to towers. Said fencing shall be compatible with the scenic character of the Town and shall not be razor wire. Metallic fencing shall have vegetative screening.

(m) 

There shall be no signs except for announcement signs, "No Trespassing" signs and a required sign giving a phone number where the owner can be reach on a twenty-four-hour basis. All signs shall conform with the Sign Bylaw (amended Article IX of the Braintree Zoning Bylaw).

(n) 

Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.

(o) 

Night lighting of the facilities shall be prohibited.

(p) 

There shall be a minimum of one parking space for each tower to be used in connection with the maintenance of the tower and the site. Said space shall not be used for the permanent storage of vehicles.

(q) 

All towers shall comply with all current and future FAA and FCC rules and regulations.