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HomeMy WebLinkAbout2009 ATM-CERTIFIED VOTE-ARTICLE 33-AMEND ZONING BYLAW-8.9-WIRELESS-CITIZEN PETITION OF NORT1l q `At�EO e ti0 p 04Are•W°"yq9 9SSACHUSEt TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail Bradshaw(dtownofnorthandover.com This is to certify that the following vote was taken on Article 33 at the Dissolved 2009 Annual Town Meeting held May 12, 2009 and May 13, 2009: Article 33. Amend Zoning Bylaw —Section 8.9 (2) — Wireless Service Facilities, Definitions- Preexisting Structure. VOTED to amend the Zoning Bylaw, Section 8.9 Wireless Facilities, subsections (2)(u) through (2)(aa) to add a definition for Pre-existing Structures. Subsection 8.9(2)(x) through 8.9(2)(aa) is to be amended by removing the text shown as stricken, and adding the text shown as underlined Section 8.9 Wireless Services Facilities 2) Definitions: (u) Preexistent Structure. For purposes of this § 8.9, preexistent structure shall refer to a lawfully existing structure on which a wireless service facility was actually located on December 11, 2000. Preexistent structure does not refer to a building (such as a home, school, church, or hospital) or other structure not used as a mount for a wireless service facilities or devices on December 11, 2000. (ter) O Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. (v) Lw) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of Radiofrequency Radiation (FCC Guideline) or any other applicable FCC guidelines and regulations. (w) O Security Barrier. A locked impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass. (-x) W Separation. The distances between one array of antennas and another array. (y) Cz) Utility. A system of wires or conductors and supporting structures that function in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. {�} as Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory structures. {aa} ("b Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange services. ARTICLE 33 VOTE 127 YES NO 81 DEFEATED NO REQUIRED 2/3 VOTE VOTED MAY 12, 2009