The Town of Barnstable Town Manager has adopted final regulations, effective September 18, 2023, to provide grant of location application procedures and standards for wireless communications facilities located in the public rights of way.
Memorandum: Town Manager Memorandum on Final Grant of Location Regulations
Final Grant of Location Regulations, effective September 18, 2023
The authority for the adoption of these regulations is Chapter 121, Licensing, Article II of the Code of the Town of Barnstable.
The final regulations are intended to provide a uniform and comprehensive set of procedures and standards to regulate the location, placement, installation, height and appearance of personal wireless service facilities in the public rights of way, consistent with the Town code, applicable state and federal laws and changing technology. These regulations are intended to enable the development of personal wireless service facilities in the public rights of way in order to meet the needs of residents, business owners and visitors while protecting public health and safety, use of the public rights of way by other parties and the community’s aesthetic and historic character.
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
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 Manager held a second hearing on these regulations on July 12, 2023 at 10:00 am via Zoom and the public comment period was held open until July 28, 2023 to allow for the submission of post-hearing comments.
Like any other regulations, these regulations are subject to ongoing review based upon experience with their implementation, changes in law and the development of technology.