HomeMy WebLinkAboutPolicy-Grants_of_Location_in_the_Public_Way 7-13-20 SELECT BOARD POLICY
GRANTS OF LOCATION IN THE PUBLIC WAY
Date Approved by Select Board: Signature of
of Chair:
July 13, 2020 r"g V, zacw&
1. Consistent with MGL cc. 164 and 166, the Select Board shall have the sole authority to issue Grants
of Location for the placement of any structures within public rights of way in the Town of Lexington,
including but not limited to new poles, the relocation or alteration of existing poles, and for the
addition to or subtraction of equipment or other items from or on poles. Examples of poles covered
by these policies include poles that have equipment,wires, or other items attached to or located on
them for the purposes of electrical,telephone, cable, lighting, signage,wireless, cell telephone, or
data transmission.
2. The Select Board shall hold a public hearing prior to deciding an application for a Grant of Location.
The public shall be permitted to speak at such public hearings, subject to reasonable time restrictions
established by the Chair of the Select Board.
3. The Select Board shall cause written notice to be mailed to the owners of the properties that directly
abut the portion of the public way where the Grant of Location is sought no later than the seventh day
prior to the public hearing described in Section 2.
4. Applications filed pursuant to this Policy shall:
a. Identify all other poles located within 500 feet of the requested location, the owner of such poles,
and the owners of the equipment located thereon;
b. Be reviewed by the Town of Lexington Engineering Department to determine whether the Grant
of Location would create any conflict with other public works within the public way. The
Engineering Department shall provide its written opinion to the Select Board. The Engineering
Department may require the applicant to provide a detailed description and specifications of the
structures, equipment, and other items involved, a schematic plan and photographs of the existing
and proposed condition,photograph of the existing condition, a map showing the location of the
structures at issue, and whatever other documentation the Engineering Department reasonably
may request;
c. Be reviewed by the Lexington Police Department,prior to the public hearing, to determine
whether the Grant of Location would create any public safety concerns within the public right of
way;
d. Apply to no more than one wireless facility, cell telephone, or data array unless Applicant can
demonstrate that there are no other suitable locations for such installation;provided that a
wireless facility may contain more than one antenna on a pole if placed there by one Applicant;
and
e. Not propose any signage related to the use of the pole, other than directional,wayfinding, traffic,
or message signs erected by the Town of Lexington, or its designee.
5. The Select Board may reject or appropriately condition a Grant of Location,in the sole discretion of
the Select Board,if the proposed structure:
a. Is located within 20 feet of a similar, existing structure;
b. Is located in or near an historic district or historic asset as determined by the Lexington Historic
Districts Commission or Lexington Historical Commission, and the proposed pole does not
GRANTS 0111° LOCA IONATHE PU IMC W. )' Palae 10 2
comply with the prevailing historical standards for said historic district or historic asset as
determined by the Lexington Historic Districts Commission or Lexington Historical Commission,
as applicable;
c. Interferes in any manner with access and use of a public way;
d. Presents a danger to the public or to other property;
e. Violates any federal, state or local law,including but not limited to the Lexington Zoning Bylaw
and the Americans With Disabilities Act;
f. Is inconsistent with the color scheme, methods of concealment, mass, and location of similar
facilities existing in the area; or
g. Is not certified by a written report of a Massachusetts-licensed structural engineer.
6. The Select Board may condition Grants of Location on the applicant's commitment to:
a. Remove any of its unused wires,bundled wires, loose wires, or doubled poles within 500 feet of
the site of the requested location; and
b. Request any other owner to remove their unused wires,bundled wires,or doubled poles within
500 feet of the site of the requested location; and
c. Remove and replace condemned utility poles within 500 feet of the site of the requested location;
and
d. Notify the Town of Lexington Select Board within thirty(30) days of applicant's and other's
owners' completion of the commitments made under this section.
7. The Applicant shall maintain adequate general liability,property damage, and personal injury
insurance,in the amounts specified by the Lexington Town Manager,naming the Town of Lexington
as an additional insured, for the duration of the time that the structure exists within a public way in
the Town of Lexington.
8. The processing fee for each Grant of Location application shall be $250,payable at the time the
application is filed. No hearing shall be held,nor any approval granted,until the application is
complete,including all documentation required under these policies.
9. Facilities permitted under this policy may not result in human exposure to radio frequency radiation
in excess of the applicable safety standards specified in 47 CFR § 1.1307(b)or other applicable
federal or state laws.
10. No public hearing or approval for a Grant of Location application shall occur if the applicant has any
outstanding payments due to the Town of Lexington,including but not limited to any taxes, fees,
fines, or electricity charges.
11. No Grant of Location shall be transferrable without the approval of the Select Board. The Select
Board may,in its discretion,hold a hearing, consistent with the provisions of these guidelines
regarding a request to transfer a Grant of Location.
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