Section 5.9.1 PURPOSE
The Wireless Communication Facility (WCF) Overlay District is established for the purpose of minimizing the adverse impacts of wireless communication facilities and to promote the shared use of wireless communication facilities.
Section 5.9.2 LOCATION
The location and boundaries of the WCF Overlay District shall be delineated to include the following:
1. Limited Commercial and Light Industrial District; and
2. The following parcels of land owned by the Town of Hudson:
Assessor's Map/Lot No. Location/Description
Map 56, Lot 17 Murphy Water Tank (located off Murphy Road)
Map 54, Lot 163 Lakeview Water Tank (off Saratoga Drive)
Map 17, Lot 44 Potash Water Tank (off Coolidge Street)
Map 40, Lot 74 Pope’s Hill Water Tower (off Princeton Road and Mildred Road)
Section 5.9.3 USES ALLOWED BY SPECIAL PERMIT BY THE BOARD OF APPEALS
Wireless communication facilities may be located in the WCF Overlay District pursuant to a special permit from the Board of Appeals and subject to the following conditions:
Applicants shall first obtain Site Plan Review as provided in Section 7.1.7 of the Protective Zoning by-laws of the Town of Hudson;
All towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten year period) as technically practicable;
All wireless communication facilities shall not exceed 100 feet above ground level (AGL) in overall height;
Lots upon which towers are located must have a minimum width and length equal to twice the height of the tower measured at the mean finished grade of the base of the tower, unless the Board of Appeals determines that such setback is not necessary to protect the public safety and abutting properties;
Existing on-site vegetation shall be preserved to maximum extent possible;
All network interconnections from the wireless communication facility shall be via underground land lines to the extent feasible;
All wireless communication facilities shall minimize, to the extent feasible, any adverse visual effects on the environment;
The applicant shall provide evidence of contractual authorization from the Town of Hudson to conduct wireless communications services if located on municipally owned land;
The Board of Appeals may impose reasonable conditions including, but not limited to, painting and lighting standards;
The Board of Appeals is authorized to grant the Special Permit if it finds the proposal is not contrary to the best interests of the inhabitants of the Town of Hudson, is in accordance with Section 8.2 of the Protective Zoning by-laws of the Town of Hudson, is in harmony with the general purpose and intent of the protective zoning by-law, and does not constitute a substantial detriment to the public good.
Section 5.9.4 EXEMPTIONS
Amateur radio towers or antennas used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that the towers or antennas are not used or licensed for any commercial purpose.
Towers or antennas used for the purposes set forth in Massachusetts General Laws Chapter 40A, Section 3, as amended;
Digital Satellite System (DDS) and television antennas for the purpose of enhancing television reception.
Section 5.9.5 SEVERABILITY
If any paragraph, sentence, phrase or word contained in this by-law is adjudicated by a Court of competent jurisdiction to be unconstitutional, illegal or otherwise unenforceable, then it is intended that the remaining provisions of this by-law continue in full force and effect.
Section 5.9.6 PREEMPTION
No portion of this by-law is intended to supersede or preempt any other State or Federal Law or regulation to the extent applicable to wireless communication towers as specified herein. In the event of conflict between the provisions of this by-law and preemptive provisions of State and Federal law, then such State and Federal law shall supersede the provisions of this by-law.
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