Laserfiche WebLink
I~, V I I,/V Iq. <br /> <br /> CONCORD ZONING <br /> <br />the Bom'd finds that the extent of the gr~I'ltcd relief is mitigated by a showing that the <br />project provides a minimally intrusive viable means of reducing or eliminating suer <br />significant gap in coverage, and where the Board finds that the desired relief may be <br />granted without substantial detriment to the neighborhood and without derogating from <br />thc intent and prolapse of this Bylaw. However, the Board shall not grant relief from the <br />maximum height limitation in subsection 7.8.4.2(e). The Board shall be 'empowered to <br />grmat relief from any setback requirement ha subsection 7.8.4.2(i), (j) or (k) provided that <br />the site proposed is demonstrated to be necessary re achieve adequate coverage or <br />capacity and to be minimally intrusive upon the interests of thc Town, consistent with <br />Section 7.8.1 Purpose and Intent (a) through (e). The applicant shall provide the Board <br />with a written statement describing why the requested relief is in the best interest of the <br />Town wida references to Section 7.8.1 Purpose andlrttent (a) through (¢)." <br /> <br />7. 8.4. 6 At~t~rovctl c. rit, vio: A spec ial permit shall be issued un der this section Only i f the <br />Board shall find that the project is in hamaony with the general purpose and intent of this <br />Section. In addition, the Board, in consultation with the indcpendcnt eonsultaat referred <br />to in subsection 7.8.4.3 shall make all the applicable findings before granting the special <br />pennit, as follows: <br /> <br /> (a2 that the applicant is not already providing adequate coverage and/or adequate <br /> capacity and that a significant gap in coverage exists; <br /> <br /> (b) that the applicant is not able to use existing personal wireless co:m~unication, facility <br /> site(s) either with or without the use of filler sites to provide adequate coverage_and <br /> adequate c~pacity; <br /> <br /> (~.') that the proposed personal wireless communication facility site selected by the <br /> applicant minimizes adverse impacts on historic resources, scenic views (viewshcds) <br /> and residential property values by being located most distant from historic resources, <br /> scenic views (viewsheds) and single-family detached d.wellings, <br /> <br /> (d) that the proposed personal wireless communication 'facility site minimizes adverse <br /> impacts on historic resources, scenic views, residential property values and natural or <br /> man-made resources through the use of camouflage, stealtll or other innovative <br /> mcbnology'; <br /> <br /> (e) that rdae applicant has agreed to implement all reasonable measnres to mitigate the <br /> potential adverse impacts of the facilities; <br /> <br /> (f) that the proposal shall comply with floe appropriate [:CC Regulations regarding <br /> en'dssions of electr.oma~aetie radiation and that the required monitoring program is in <br /> place ancl shall be paid ibr by the applicant; and <br /> <br /> (g) that the applicant has agreed ~0 rent or lease available space on the tower, under <br /> terms of a fair-market lease, without discrimination to other Personal wireless service <br /> providers; <br /> <br /> If a special permit is grm~ted the Board shall impose any such additional conditions <br /> and safeguards as public safety, welfare and convenience may require, either as <br /> reconmaended by the independent consultant, ~;he Planning Board or upon its own <br /> initiative. <br /> <br /> 72 <br /> <br /> <br />