Welcome to The Town of Barnstable!
The Town of Barnstable invites the community to comment on draft Grant of Location regulations:
Revised Proposed Grant of Location Regulations: May 30, 2023 Redline
Memorandum: Town Response to Comments Received on Draft Regulations
The Town Manager will hold a second virtual public hearing on the draft regulations on Wednesday, June 21, 2023 at 10:00 a.m. via Zoom (Meeting ID to follow).
The authority to adopt and implement these regulations lies with the Town Manager.
These regulations provide application procedures and standards for the placement of wireless communication facilities in the public rights of way. The purpose of these regulations is to provide a uniform and comprehensive set of objective procedures and standards for the location, placement, installation, height, appearance and operation of personal wireless service facilities in the public ways to meet the needs of residents, business owners and visitors, while protecting public health and safety and the aesthetic character of the community, consistent with applicable state and federal requirements.
With these regulations, the Town seeks to maximize local control of wireless communications facilities in the public ways, while ensuring compliance with state and federal laws and requirements.
To comply with the Federal Telecommunications Act and related Federal Communications Commission (FCC) regulations, the Town cannot:
- Prohibit or effectively prohibit the provision of wireless communications facilities and service;
- Unreasonably discriminate among providers of functionally equivalent services; or
- Deny a request for placement, construction or modification of wireless communications facilities on the basis of environmental/health effects of radio frequency emissions (RFEs) to the extent that the facilities comply with the FCC’s regulations regarding RFEs.
Decisions on applications must be made within time periods, referred to as “shot clock” intervals, established by the FCC. Decisions must be made in writing and supported by a statement of reasons based upon substantial evidence in the record; decisions are subject to appeal.
NOTE: Zoning for wireless facilities on private property and regulations for modifications to existing wireless facilities are being handled separately; different laws and procedures apply.
Process to Date
The Town retained Attorney Alan Mandl, an expert in telecommunications law, as outside counsel to assist in developing these regulations. The Town Attorney’s Office led the development of the regulations, with support from the Planning & Development Department. An initial draft of the regulations was posted on the Town website and made available for public comment on June 30, 2022. Comments were received from the public and additional revisions were made to the draft regulations in response.
The Town Manager held a hearing on these regulations on March 23, 2023 at 2:00 pm via Zoom.
The Town invites the public to comment on the revised regulations. Comments are encouraged to be submitted in writing.
The Town Manager will hold a second virtual public hearing on the revised regulations on Wednesday, June 21st at 10:00 a.m. via Zoom. The Meeting ID will be posted here prior to the hearing.
Submit comments in writing to:
Elizabeth Jenkins, Director of Planning & Development
367 Main Street, Hyannis, MA 02601