Article 41 - Citizen Petition: Zoning Bylaw Amendment: Personal Wireless Communications Facility

ARTICLE 41. To determine whether the Town will vote to amend Section 7.8.4.5 of the Zoning Bylaw by deleting the first sentence of said section in its entirety and replacing it with the following:

7.8.4.5 Relief from general requirements: The Board may grant relief from the general requirements contained in subsection 7.8.4.2 or from any location requirements imposed by the “Personal Wireless Communications Facility Overlay District Map, Town of Concord, April 2019 (Scale 1” = 1,000’ consisting of a single sheet)” or any successor thereto where the Board determines that there is a significant gap in coverage, that the granted relief provides a viable means of reducing or eliminating such significant gap in coverage, and that the desired relief may be granted without substantial detriment to the neighborhood or derogating from the intent and purpose of this bylaw. Or take any other action relative thereto.

Article Explanation

For a variety of reasons the Town has been unable to provide satisfactory and reliable cell service in Concord Center. This has been a serious and long-standing obstacle to the conduct of business, public safety and personal convenience both to residents and visitors. One, but not the only, reason for this failure is the “Personal Wireless Communication Facility Overlay District” map adopted by the 2019 Town Meeting under which the only possible solution is the Lowell Road DPW site which the Town appears to think unsuitable. The proposed Amendment would make it easier for the Zoning Board  of Appeals to make the determination that there is a “gap in coverage” and, in such case, to allow the placement of a wireless communications facility without  regard   to the 2019 map if it could do so “without substantial detriment to the neighborhood or derogating from the intent and purpose of the bylaw.”

Article Motion

Mr. Dane moves that the Town take affirmative action on Article 41 as printed in the Warrant.