Town of Ashburnham, MA - Zoning Bylaws Section 5: Special Regulations

5.1 Accessory Buildings

No detached accessory building or structure shall be located closer to any principal building than a distance equal to the height of such accessory building or structure. No accessory building or structure shall be located within the required front yard area nor shall it be located in any side yard nearer to the lot line than ten (10) feet, or in the rear yard area nearer to the lot line than five (5) feet. In no case shall accessory buildings cover more than thirty percent (30%) of the total required rear yard area.

5.21 General – The following provisions shall apply to signs in all districts:

a. Any sign not expressly permitted or exempted under this Section 5.2 is prohibited.

b. No sign shall be erected adjacent to any public or private way in such a manner as to obstruct clear and fee vision or where, by reason of its position, shape, color, illumination or wording the sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or otherwise constitute a hazard to pedestrian or vehicular traffic.

c. Flashing, moving or animated signs are prohibited.

d. No free-standing sign shall exceed twenty (20) feet in height.

e. No sign shall be located within three (3) feet of a street line or other lot line.

f. No sign shall be permitted within a public way without the written permission of the Board of Selectmen.

5.22 Residential Districts – In Residential Districts the following signs only are permitted.

a. Two (2) non-flashing signs, not over two (2) square feet in area per sign, on the premises indicating the name, or name and profession or occupation, of the owner or occupant.

b. Two (2) non-flashing signs, not over six (6) square feet in area per sign, pertaining to a permitted accessory use on the premises.

c. Two (2) temporary unlighted signs, not over six (6) square feet in area per sign, which advertise the sale, rental or lease of the premises or any part thereof which shall be removed promptly after such sale, rental or lease has been effected.

d. Not more than one (1) temporary unlighted sign per building trade, not to exceed six (6) square feet in area per sign, which advertises the construction, improvement, removal, demolition, landscaping or tree work on the premises which shall be removed promptly on completion of said work.

e. Two (2) non-flashing signs, not over six (6) square feet in area, pertaining to any religious, educational, other public or semi-public use on the premises.

5.23 Business and Industrial Districts – In Business and Industrial Districts the following signs only are permitted in addition to those permitted in Residential Districts.

a. Two (2) non-flashing building signs per establishment, not over thirty (30) square feet in area per sign, attached to a wall and not projecting more than two (2) feet from the face of the wall nor extending beyond the face of said wall vertically or horizontally which advertise an establishment within the building.

b. Two (2) non-flashing free-standing directory signs, not over ten (10) square feet per establishment and not to exceed one hundred (100) square feet in area per sign, indicating the establishments located on the premises.

c. One (1) double-sided, free-standing, illuminated sign, not over seventy-five (75) square feet in area per side, indicating the owner and/or oil company operating the automotive service station on the premises.

Village Center Districts – In Village Center Districts, the following signs only are permitted in addition to those permitted in Residential Districts.

a. Two (2) non-flashing signs per establishment. Such signs may include any of the following:

(1) Wall sign, attached parallel to the exterior surface of a building or structure and projecting not more than fifteen (15) inches from the building surface. Such sign shall not exceed thirty (30) square feet in area; shall not obscure architectural features of the building, not limited to features such as arches, sills, mouldings, cornices, and transoms, and shall not extend above the lowest point of the roof, nor beyond the ends of the wall to which it is attached.

(2) Projecting sign, mounted to a wall and perpendicular to the building surface. Such sign shall be flat, shall not exceed ten (10) square feet in area on each side, and shall have a minimum clearance of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way, and thirteen (13) feet when projecting over an alley or driveway. A sign which overhangs a public way (including a sidewalk) shall not project closer than two (2) feet to the curb line and shall be covered by a public liability insurance policy which names the Town as the insured party.

(3) Awning sign painted on or attached to the cover of a moveable metallic frame, of the hinged, roll or folding type of awning. Such sign must be painted on or attached flat against the surface of the awning, but not extend beyond the valance or be attached to the underside; and shall have a minimum clearance of eight (8) feet above grade for pedestrian clearance. Lettering on an awning sign shall not extend ten (10) inches in height, and the total area of an awning sign shall not exceed twenty (20) square feet.

(4) Window sign, painted or mounted onto a windowpane, or hung directly inside the window, with the purpose or effect of identifying any premises from the sidewalk or street. The area of such signs shall not exceed thirty per cent (30%) of the window area in which they are displayed.

(5) Non-flashing, freestanding sign not to exceed 10 square feet in area. The building must have a 25 ft. setback from the street for the allowance of this type of sign. Placement shall not be less than 10 feet from the street’s edge.

b. One (1) wall-mounted, non-flashing directory sign per building, not exceeding twelve (12) square feet, plus one (1) square foot for the name of each establishment in the building.

c. Notwithstanding the above, the total area of all signs on any building or parcel shall not exceed one and one-half square feet (1.5 sq. ft.) per linear foot of storefront.

d. All signs shall be made of wood or metal or other natural material. Colors should be chosen to complement the façade color of the building and dark backgrounds with light-colored lettering shall be preferred.

e. Signs shall be illuminated only with steady, stationary, shielded light sources directed solely onto the sign without causing glare. Internal illumination of signs is prohibited. Signs shall not be illuminated directly or indirectly between the hours of 11:00 p.m. and 7:00 a.m. unless the premises are open during such hours.

5.24 Exempted Signs – The following signs are exempted from provisions of Section 5.21, 5.22, and 5.23.

a. Any sign which is required or authorized by any law, rule, regulation or permit of the federal or state governments or any agency thereof or any public authority created thereby.

b. Any sign erected or placed on any Town premises under the provisions of any Town By-Law or Building Code or by direction or order of the Town Board or Committee having lawful jurisdiction over such premises.

c. Any sign not exceeding four (4) square feet in area, limited solely to directing traffic within a parking area or indicating parking restrictions in the use of such parking area.

d. Any sign, not exceeding one (1) square foot in area, marking or identifying privately-owned land.

e. Any temporary, unlighted signs, not exceeding two (2) of not more than two (2) square feet in area each, advertising the sale or offering of pets, personal or household articles and a vehicle, trailer or boat belonging to the owner or occupant of the premises, which shall be removed promptly following the sale or disposal of said articles.

f. Customary signs on gasoline pumps, indicating in usual size and form the name and type of gasoline and the price thereof.

g. Holiday decorations and lights when in season.

5.25 Non-Conforming Signs – Signs not in conformance with other provisions of the Section 5.2 shall be subject to the following provisions:

a. Any non-conforming sign legally erected prior to the adoption of this By-Law may continue to be maintained for a period of not longer than five (5) years after the effective date of this By-Law; provided however, that during said five (5) year period no such sign be enlarged, redesigned or altered except in accordance with the provisions of this By-Law and provided further than any such sign which has not been destroyed or damaged to such an extent that the cost of restoration would exceed thirty-five (35) percent of the replacement value of the sign at the time of the destruction or damage, shall not be repaired or rebuilt or altered except in accordance with the provisions of this By-Law.

b. The exemption herein granted shall terminate with respect to any sign which (1) shall have been abandoned; (2) advertises or calls attention to any products, businesses or activities which are no longer carried on or sold for at least sixty (60) days; or (3) shall not have been repaired or properly maintained within sixty (60) days after notice to that effect has been given by the Board of Selectmen.

5.3 Off-Street Parking and Loading Requirements

5.31 Basic Requirement – In any district where permitted, no use of premises shall be authorized or extended, and no building or structure shall be erected or enlarged unless there is provided for such extension, erection, or enlargement, off-street automobile parking space within three hundred (300) feet of the principal building, structure, or use of the premises, in accordance with the following minimum specifications. An area of two hundred (200) square feet of appropriate dimensions for the parking of an automobile, exclusive of drives or aisles, shall be considered as one off-street parking space.

5.32 Schedule of Minimum Off-Street Parking Requirements

a. Two (2) spaces per dwelling unit in all housing except that constructed for elderly persons of low income which shall have one and a quarter (1.25) spaces per dwelling unit.

b. One (1) space for each sleeping room in a tourist home, boarding or lodging house, motel or hotel, plus required spaces for facilities used for eating, drinking, and assembly, as outlined in section h below

c. One (1) space for each campsite in family type campgrounds.

d. One (1) space for each two (2) beds in a hospital or sanitarium.

e. One (1) space for each four (4) beds for other institutions devoted to the board, care or treatment of humans.

f. One (1) space for each two hundred (200) square feet or fraction thereof, of floor area of any retail, retail/wholesale, wholesale, or service establishment.

g. One (1) space for each eight hundred (800) square feet, or fraction thereof, of floor area of any wholesale establishment, but not less than five (5) spaces per enterprise.

h. One (1) space for each two (2) employees and one (1) space for three (3) seats, permanent or otherwise, for patron use for restaurants, and other places servicing food or beverage.

i. One (1) space for each two (2) persons employed or anticipated to be employed on the largest shift for all types of business, industrial, professional or other permitted uses.

j. One (1) space for each two hundred fifty (250) square feet, or fraction thereof, of floor area of any office or professional building; except that one (1) space per one hundred fifty (150) square feet shall be provided for medical offices.

k. One (1) space for each one hundred fifty (150) square feet, or fraction thereof, of floor area of any bank, plus one (1) space for each two hundred fifty (250) square feet of area not devoted to customer service.

l. One (1) space for each eight hundred (800) square feet of floor area, or one (1) space per employee, whichever is greater, for any industrial use.

m. One (1) space for each four (4) persons capacity for any theater, auditorium or other place of amusement or assembly.

n. Adequate spaces to accommodate customers, patrons and employees of other business and professional uses not specified, but not less than one (1) space per two hundred (200) square feet of area devoted to customer service.

o. Adequate spaces to accommodate customers, patrons, and employees at automobile service stations, drive-in establishments, open air retail business and amusements and other permitted uses not specifically enumerated herein shall be provided.

5.33 Off-Street Loading – In any district where permitted or allowed, business, wholesale or industry uses as listed in Section 3.2, Schedule of Use Regulations, shall be provided as necessary with adequate off-street loading facilities located entirely on the same lot as the building or use to be served so that trucks, trailers and containers shall not be located for loading, unloading or storage upon any public way.

5.34 Parking in the Village Center Zoning District

The standards of Section 5.32 must be met for the additional parking demand created by new buildings, additions or changes of use unless, in performing a Site Plan Review and Approval under Section 5.10, the Planning Board determines that special circumstances dictate a different provision in order to meet all parking needs. In performing a Site Plan Review, the Planning Board may authorize a smaller number of parking spaces because of staggered hours of use or other circumstances. The Planning Board shall determine all parking space calculations based on information in the most recent edition of the Parking Generation manual by the Institute of Transportation Engineers (ITE), on studies and surveys done by qualified persons regarding parking, on parking requirements and use for similar facilities in the Montachusett region and/or other appropriate information.

5.4 Minimum Residential Floor Area

No multi-family dwelling shall be erected, reconstructed, remodeled or altered so that the floor area of living space shall be less than four hundred fifty (450) square feet per apartment of one (1) bedroom or less and six hundred (600) square feet per apartment of two (2) bedrooms or more.

5.5 Wireless Communications Facilities and Towers

5.5.1 General Purpose

The purpose of this section shall be to regulate the placement, design, construction, removal, and modifications of wireless communication facilities and towers so as to promote the economic viability of Ashburnham and to protect its historic, cultural, natural, and aesthetic resources. To accomplish the purpose of this bylaw, no permit for the installation of a wireless communications facility or wireless communications tower shall be granted by the Town of Ashburnham Building Inspector until a Special Permit has been issued by the Town of Ashburnham Zoning Board of Appeals (ZBA).

5.5.2 Special Permit Review Criteria

(a) No wireless communications facility shall be erected, constructed, or installed without first obtaining a special permit from the Town of Ashburnham Zoning Board of Appeals. A special permit is required for new tower construction (or major modification of a preexisting tower) and for new wireless communications facilities (or major modification of a preexisting facilities) to be mounted on a tower or structure.

(b) Exemptions: The following types of wireless communications facilities and towers are exempt:

(1) Amateur radio tower – construction or use of an antenna structure by a federally licensed amateur radio operator as exempted by M.G.L. Chapter 40A, Section 3.

(2) A tower or antenna erected by the Town exclusively for municipal public safety communications purposes.

5.5.3 Consistency With Federal Law

These regulations are intended to be consistent with Section 704 of the 1996 Telecommunications Act. Accordingly, they shall not prohibit or have the effect of prohibiting the provision of wireless communication services; shall not unreasonably discriminate among providers of functionally equivalent services; shall not regulate wireless services based on the environmental effects of radio frequency emissions to the extent that these facilities comply with the Federal Communications Commission Regulations concerning such emissions.

Abandoned Tower: A tower not being used for the purpose it was permitted for a period of twelve months.

Adequate Coverage: Coverage is adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is such that the majority of the time, transceivers properly installed and operated will be able to communicate with the base station without objectionable noise (or excessive bit-error-rate for digital) and without calls being dropped. In the case of cellular communications in a rural environment, this would be signal strength of at least 90 dBm. It is acceptable for there to be minor temporary loss of signal within the area of adequate coverage. The outer boundary of the area of adequate coverage is that location past which the signal does not regain uniformly.

Antenna: A device used to transit and/or receive electromagnetic waves, which is attached to a tower or other structure.

Antenna Support Structure: Any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.

Available Space: The space on a tower or structure to which antennas of a telecommunications provider is both structurally able and electromagnetically able to be attached.

Base Station: The primary sending and receiving site in a telecommunications facility network. More than one base station and/or more than one variety of telecommunications provider may be located on a single tower or structure.

Building-Mounted Antenna Support Structure: Any antenna support structure mounted on, erected on, or supported in whole or part by a building or structure occupied and/or used for purposes other than wireless telecommunications.

Building For Equipment Shelter: An enclosed structure used to contain batteries, electrical equipment, telephone lines, transmitters, etc. used by the carriers on the towers.

Channel: The segment of the radiation spectrum to or from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.

Colocation: Locating the wireless communications equipment of more than one provider on a single tower.

Communication Tower: A monopole or self-supporting tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving wireless communications.

Consultant: Certified expert engineer licensed by the Commonwealth of Massachusetts, hired at the expense of the applicant to review the application and verify that the new tower is necessary at the proposed site, or any other review required under this bylaw.

Carrier: A company that provides wireless service as defined by Section 704 of the 1996 Telecommunications Act.

dBm: Unit of measure of the power level of a signal expressed in decibels above one milliwatt.

dBu: Unit of measure of the electric field strength of a signal, expressed in an absolute measure for describing service areas and comparing different transmitting facilities independent of the many variables (see dBm above) introduced by different receiver configurations.

EA: See Environmental Assessment

Emergency Power: Electrical Generators usually powered by propane gas or diesel fuel so as to provide uninterrupted service in the case of electrical utility failure, provided that any generators used may not emit more than 50 decibels over the ambient noise level at the property line.

Environmental Assessment: An EA is the document required by the FCC and NEPA when a personal wireless facility is placed in certain designated areas.

FAA: Federal Aviation Administration.

Facility Site: A property, or any part thereof, which is owned or leased by one or more wireless communications facility(s) and where required landscaping is located.

Fall Zone: The area on the ground within a prescribed radius from the base of a tower, typically the area within which there is a potential hazard from falling debris, or collapsing material.

FCC: Federal Communications Commission

Frequency: The number of cycles completed each second by an electromagnetic wave, measured in hertz (Hz), megahertz (MHz, or one million hertz), or gigahertz (GHz, one billion hertz).

Hertz: One hertz (Hz) is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.

Lattice Towers: A type of mount that is self-supporting with multiple legs and crossbracing of structural steel.

Major Modifications: The changing or alteration of any portion of a tower from its description in a previously approved permit, including any addition that increases the height of the tower size of the building for equipment shelter.

Monitoring: The measurement, by the use of instruments in the field, of non-ionizing radiation exposure from wireless communications facilities, towers, antennas, or repeaters.

Monopole: A type of tower that is self-supporting with a single shaft of wood, steel, or concrete.

NEPA: National Environmental Policy Act.

Preexisting Towers and Antennas: Any tower or antenna which was lawfully erected before the effective date of these regulations.

Repeater: A small receiver/relay transmitter and antenna of relatively low power output designed to provide service to areas which are not able to receive adequate coverage directly from a base or primary station.

RFI: Radio Frequency Interference.

RFR: Radio Frequency Radiation.

Scenic View: A scenic view is a wide angle or panoramic field of sight and may include natural and/or manmade structures and activities which may be seen from a stationary viewpoint or as one travels along a roadway, waterway, or path, and may be to an object in the distance such as a mountain, or an object nearby such as an historic building or a pond.

Self-Supporting Tower: A communications tower that is constructed without guy wires.

Special Permit: As defined by Section 6.42 of the Town of Ashburnham Zoning Bylaws.

Spectrum: Relating to any transmissions or reception of electromagnetic waves.

Stealth Tower: A structure designed to blend with or be hidden by surrounding terrain, architectural design, or buildings.

Structurally Able: The determination that a tower or structure is capable of carrying the load imposed by the proposed new antenna(s) under all reasonable predictable conditions as determined by professional structural engineering analysis.

Tower: A vertical structure for antenna(s) that provide wireless communications services.

Tower Height: The vertical distance measured from the base of the tower support structure to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the tower height.

Town: Ashburnham, Massachusetts and/or its elected or appointed officials.

Wireless Communications Facility: All equipment, buildings and locations of equipment (real estate) with which a wireless communications provider transmits and receives the waves which carry their services. This facility may be owned and permitted by the provider or another owner or entity.

Wireless Communications Provider: An entity licensed by the FCC to provide telecommunications services to individuals or institutions.

Wireless Services: Commercial mobile services, unlicensed wireless exchange access services, including cellular services, personal communications services, specialized mobile radio services, and paging services.

5.5.5 Permit Application Requirements:

(A) An applicant for a wireless communications tower or facility permit must be a wireless communications provider or must provide a copy of its executed contract to provide land or facilities to an existing wireless communications provider at the time that an application is submitted. A permit shall not be granted for a tower or facility to be built on speculation.

(B) Applicants for wireless communications towers or facilities shall include the following supplemental information in their filings for special permit approval:

(1) Location Map. The location of the proposed structure on the most recent United States Geological Survey Quadrangle map, showing the area within at least a three-mile radius of the proposed tower site.

(2) A map or sketch of the property proposed to be developed, professionally drawn to scale and with the area to be developed clearly indicated.

(3) A report from qualified and licensed professional engineers (consultants) that:

a) Describes the facility height, design, and elevation.

b) Documents the height above grade for all proposed mounting positions for antennas to be colocated on a wireless communications tower or facility and the minimum separation distances between antennas.

c) Describes the tower’s proposed capacity, including the number, height, and types(s) of antennas that the applicant expects the tower to accommodate.

d) Documents steps the applicant will take to avoid interference with any established public safety wireless communications, and includes both an intermodulation study that predicts no likely interference problems and certification that the study has been provided to the appropriate public safety agencies. Towers utilized by Ashburnham Public Safety channels will not locate conflicting frequencies on same tower.

e) Describes existing and proposed coverage. In the case of new tower proposals, the applicant shall demonstrate that existing wireless communications facility sites and other existing structures within Ashburnham, in abutting towns, and within a 10 mile radius of the proposed site cannot reasonably be modified to provide adequate coverage and/or adequate capacity to the Town of Ashburnham.

f) Describes potential changes to those existing facilities or sites in their current state that would enable them to provide adequate coverage, and provides a detailed computer generated Actual Received Level propagation model that describes coverage of the existing and proposed facilities.

g) Describes the output frequency, number of channels and power output per channel for each proposed antenna.

h) Includes a written five-year plan for use of the proposed wireless communications facility, including reasons for seeking capacity in excess of immediate needs if applicable, as well as plans for additional development and coverage within the Town of Ashburnham.

i) Demonstrates the tower’s compliance with the municipality’s setbacks for towers and support structures.

j) Provides proof that at the proposed site the applicants will be in compliance with all FCC regulations, standards, and requirements, and includes a statement that the applicant commits to continue to maintain compliance with all FCC regulations, standards, and requirements regarding both radio frequency interference (RFI) and radio frequency radiation (RFR). The Town of Ashburnham may hire independent engineers to perform evaluations of compliance with the FCC regulations, standards, and requirements on an annual basis at unannounced times. The Town may allocate to the applicant any reasonable expenses incurred or authorized by it in retaining independent engineers to perform these evaluations.

(4) Commitment to Share Space. A letter of intent committing the tower owner and his or her successors to permit shared use of the tower if the additional user agrees to meet reasonable terms and conditions for shared use, including compliance with all applicable FCC regulations, standards and requirements and the provision of this bylaw.

(5) Existing Structures: For wireless services to be installed on an existing structure, a copy of the applicant’s executed contract with the owner of the existing structure must be submitted.

(6) Environmental Assessment: To the extent required by the National Environmental Policy Act (NEPA) and as administered by the FCC, a complete Environmental Assessment (EA) draft of final report describing the probable impacts of the proposed facility shall be submitted to the Building Inspector prior to the issuance of a building permit.

(7) Vicinity Map: A topography priority resource map showing the entire vicinity within a 1000 foot radius of the tower site, including the wireless communications facility or tower, public and private roads and buildings and structures, water bodies, wetlands, landscape features and historic sites. The map shall show the property lines of the proposed tower site parcel and all easements or rights of way needed for access from a public way to the tower.

(8) Proposed site plans of the entire wireless communications facility, professionally drawn to scale, showing all improvements including landscaping, utility lines, screening and roads.

(9) Elevations showing all facades and indicating all exterior materials and color of towers, buildings and associated facilities.

(10) Where the proposed site is forested, the approximate average height of the existing vegetation within 200 feet of the tower base.

(11) Construction sequence and estimated time schedule for completion of each phase of the entire project.

(12) Any additional information requested by the Ashburnham ZBA.

(50) feet. The permit application shall be signed under the penalties of perjury.

5.5.6 Tower and Antenna Design Requirements

(a) Protection of Scenic Character: Proposed facilities shall not unreasonably interfere with any scenic views, paying particular attention to such views from the downtown business area, public parks, natural scenic vistas or historic buildings or districts. Towers shall, when possible, be sited off ridge lines and where their visual impact is least detrimental to scenic views and areas. Height and mass of facilities shall not exceed that which is essential to their intended use. In determining whether the proposed tower will have an undue adverse impact on the scenic beauty of a ridge of hillside, the Town shall consider, among other things, the following:

(1) The period of time during which the proposed tower will be viewed by the traveling public on a public highway, public trail, or public body of water;

(2) The frequency of the view of the proposed tower by the traveling public;

(3) The degree to which the view of the tower is screened by existing vegetation, the topography of the land, and existing structures;

(4) Background features in the line of sight to the proposed tower that obscure the facility or make it more conspicuous;

(5) The distance of the tower from the viewing vantage point and the proportion of the facility that is visible above the skyline;

(6) The number of travelers or vehicles traveling on a public highway, public trail, or public body of water at or near the critical vantage point, and

(7) The sensitivity or unique value of the particular view affected by the proposed tower.

To assist the Town in its review, it may require the applicant to fly or raise a three-foot diameter balloon at the maximum height of the proposed facility at a location within fifty (50) horizontal feet of the center of the proposed facility. The applicant shall provide photographs of the balloon test taken from at least four vantage points previously designated by the ZBA.

Only self-supporting monopoles and stealth towers are acceptable. The ZBA may, at its sole discretion, waive any of the requirements of Section 5.5.6 for the purpose of approving the development of a wireless communications facility utilizing innovative siting techniques that camouflage or conceal the presence of antennas or towers.

(b) Lighting, Bulk, Height, Glare: All wireless communications facilities, including towers and antennas, shall be designed and constructed so as to minimize the visual impact of height and mass of said tower. Materials utilized for the exterior of any structure shall be of a type, color, and style so as to minimize glare and blend into the environment. Towers shall not be artificially illuminated. Tower sites will not be allowed if the FAA or other federal or state authority require lighting at proposed site unless required in the future by the FAA.

(c) Transmitter Building: Facilities buildings shall be built to accommodate all anticipated tenants on a tower, one building per site. Buildings seen from the road must be consistent with the historic colonial character of the Town.

(d) Landscaping and Screening: Base of tower as well as the building accessory to the tower shall be screened from view by a suitable vegetation screen that is consistent with existing vegetation. A planted or existing vegetative screen shall be maintained. Existing on-site vegetation outside the immediate site for the wireless facility shall be preserved or improved. Disturbance to existing topography shall be minimized unless disturbance is demonstrated to result in less visual impact on the facility from surrounding properties and other vantage points.

(e) Height Limitations: In order to protect public safety and to preserve the scenic, rural character and appearance of Ashburnham, antennas and all related facilities shall not exceed the lesser of 90 feet above the average height of the tree line within 200 feet of the base of the tower, or 170 feet total tower height. However, additional height may be approved upon finding by the ZBA that the additional height is required in order to provide adequate coverage up to and including 190 or to eliminate the need for other towers in the Town. Additional height must not have an undue visual impact on the scenic character or appearance of the area.

(f) Fencing and Signage: The area around the tower shall be completely fenced for security to a height of 8 feet and gated. Use of multiple strands of barbed wire is required. A painted sign no greater than two square feet stating the name of the facility’s owner and a 24 hours emergency number shall be posted on the entry gate. In addition, “No Trespassing” and any other mandated warning signs shall be posted and maintained at the site. No commercial signs or lettering shall be placed on a tower. If possible the tower will be equipped with an anti-climbing device. The wireless communications facility owner shall maintain adequate insurance on all wireless communications facilities.

(g) Utilities: All utilities must be routed underground via conduit from public road to site where feasible.

(h) Access Road: Vehicle access to site shall be required and shall conform to all Conservation Commission guidelines and be at least eighteen feet wide. A sturdy, posted swinging, lockable gate must be installed which is more than 15 feet and less than 30 feet off the public road upon which said access is situated, a KNOX box or keys shall be provided to a designated town official for municipal access.

(i) Removal of Abandoned Antennas and Towers:

(1) The owner of a facility/tower shall annually, by January 15, file a declaration with the Town of Ashburnham Land Use Clerk certifying the continuing safe operation of said facility/tower installed subject to these regulations. Failure to file a declaration shall mean that the facility/tower is no longer in use and shall be considered abandoned.

(2) A facility/tower shall also be considered abandoned when it has not been used for the purpose for which it was permitted, for a period of twelve months.

(3) The applicant or subsequent owners shall provide and maintain a financial surety bond in the amount of $25,000.00 (twenty-five thousand dollars) payable to the Town of Ashburnham to cover the costs of removal of each wireless communications facility applied for and the remediation of the landscape, should the facility be deemed abandoned. The bond shall not limit the applicant’s financial liability to the Town for said facility/tower removal.

(A) The owner of a facility/tower shall have 90 (ninety) days to remove said tower from the date it is deemed abandoned as stated above.

(B) The town may exercise its option to remove said facility/tower at its own discretion upon notification of owner, anytime after the 90 (ninety) day waiting period.

(j) Emergency Power: Emergency power shall emit no more than 50 decibels over ambient noise level at all property lines.

(k) Noise: Noise at the site perimeter from the operation of any machinery or equipment shall be minimized.

(l) Property Consideration: An applicant shall demonstrate that all municipally-owned property in the geographic area was considered.

(m) Electric Power: Power to the site shall be provided by Ashburnham Municipal Light Plant.

(n) Distance of Tower or Repeaters:

(1) No repeater shall be located closer than 50 feet to an existing residential dwelling unit. No repeater shall be located less than 25 feet, nor more than 70 feet above ground.

(2) No tower or personal wireless service facility with the exception of repeaters shall be located:

(A) Within any of the following prohibited areas:

a. Massachusetts or Federally regulated wetlands.

b. A Massachusetts Certified Vernal Pool

(B) Within 100 feet horizontally of any Massachusetts regulated wetland.

(D) Within 300 feet of any existing permanently occupied residential dwelling for monopoles.

(E) Within the overall height of the stealth or camouflaged facilities to the property line unless incorporated within an existing building, tower or steeple.

(o) Documentation: Engineering and Environmental Assessment impact as well as FAA notice of determination of no hazard of flight zone shall be submitted with any application.

(p) Colocation Requirements: An application for a new (non-colocated) wireless communications tower shall not be approved unless the Zoning Board of Appeals finds that the wireless communications facility planned for the proposed tower cannot be accommodated on an existing or approved tower or structure due to one of the following reasons:

(1) The proposed antennas and equipment would exceed the structural or spatial capacity of the existing or approved tower or facility, as documented by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment, at a reasonable cost, to provide coverage and capacity comparable to that of the proposed facility.

(2) The proposed antennas and equipment would cause interference materially impacting the usefulness of other existing or permitted equipment at the existing or approved tower or facility as documented by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts and such interference cannot be prevented at a reasonable cost.

(3) The proposed antennas and equipment, along or together with existing facilities, equipment or antennas, would create RFI in violation of federal standards or requirements.

(4) The proposed antennas and equipment, alone or together with existing facilities, equipment or antennas, would create RFR in violation of federal standards or requirements.

(5) Existing or approved towers and structures cannot accommodate the planned equipment at a height necessary to function, or are too far from the area of needed coverage to function reasonably, as documented by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts.

(6) Aesthetic considerations make it unreasonable to locate the planned wireless communications equipment upon an existing or approved tower or building.

(7) There is no existing or approved tower in the area in which coverage is sought.

(8) Other unforeseen specific reasons make it unreasonable to locate the planned wireless communications equipment upon existing or approved tower or building.

(q) Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights when overall permitted height allows. Towers shall be designed structurally, electrically and in all respects to accommodate both the applicant’s and additional antennas when overall permitted height allows.

(r) Wireless communication towers shall be a minimum distance of two and one half (2.5) miles from each other unless it is determined by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts that a closer proximity is needed for “Adequate Coverage” as defined in Section 5.5.4. Under no circumstances shall any wireless communications tower be within a distance of one (1) mile to each other unless such tower is a stealth tower and the applicant’s technology cannot be used on an existing tower as determined by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts.

5.5.7 Modifications to Existing Wireless Communications Facilities Special Permit:

An alternation or addition to a previously approved wireless communications

facility shall require an additional special permit when any of the following are

(a) A change in the number of buildings or facilities permitted on the site;

(b) Changes in technology used by the wireless communications facility;