CHARLEMONT — Voters will be asked to consider two new bylaws and a citizen’s petition amending the town’s telecommunications bylaw to create setback limits for new cell towers and small cell wireless installations at May’s Annual Town Meeting.
During a public hearing last week, Planning Board members said the two bylaws they are putting forth — regulations for accessory dwelling units (ADU) and provisions related to social equity in marijuana establishment ownership — are almost word-for-word the language recommended by the state in a model bylaw. The proposed amendments to the telecommunications bylaw, meanwhile, come from resident Jonathan Mirin, who said he looked at bylaws that had been passed in other towns.
Mirin is suggesting the town’s bylaw be changed to state, “Any new tower or monopole or so-called ‘small cell’ wireless installation shall not be erected nearer to a property line than a distance equal to twice the vertical height of the structure, nor shall it be allowed nearer than 1,500 feet to any residential structure in the Rural Residential districts. No new towers or monopoles shall be allowed in the Village Center district. ‘Small cell’ wireless installations in the Village Center district shall be at least 500 feet apart, at least 350 feet from residential structures and at least 800 feet from any school.”
Mirin said the proposal comes out of concern for public health, the environment and property values, and was modeled after Shelburne’s bylaw, which does not allow small cell installations in the Village Center District. He added that installers can still apply for a variance if they feel they need to be closer to any structures than the bylaw allows, but the bylaw would give the Planning Board more control over where installations can go.
Residents echoed Mirin’s sentiments and said the change would help keep the town rural.
“The main reason I live in Charlemont is the beauty of nature all around, undisturbed by the rush of city life. This peaceful feeling of being away from crowds is precious for many of us,” Ellen Landauer wrote in a letter to the board.
Landauer shared YouTube videos showing fires that were caused by these installations and real estate agents discussing their impact on property values.
Landauer’s letter goes on to state that the development of new cell towers and small cell wireless installations “one, ruins the the experience of living here; two, makes our town less desirable for vacationers, who support local businesses; [and] three, lowers property values when many of us have made an effort to keep our homes and businesses beautiful and in excellent condition to be passed on to our loved ones.”
Planning Board Chair Bob Nelson said he has no problems with Mirin’s citizen’s petition, but he does not anticipate anyone will be looking to put a cell tower or small cell wireless installation in Charlemont anytime soon.
“I feel like the setbacks that are suggested here would eliminate the possibility of it being in town at all, because if you went along Route 2, the houses are such that I just don’t see how you could do it,” Nelson said. “But it doesn’t matter to me because I think, in the long run, there’s no earthly way that people are going to want to put these things in Charlemont anyway.”
ADUs and marijuana establishments
The board also discussed a new accessory dwelling unit bylaw and a social equity bylaw for marijuana establishments, both of which Nelson said came from state model bylaws.
The social equity bylaw is “verbatim” the language proposed by the state, Nelson said. The bylaw outlines how certain communities have been disproportionately harmed by marijuana prohibition and enforcement, and going forward, the town will work to encourage participation in the marijuana industry by these communities. When and if the town decides to allow marijuana establishments, half of the licenses must go to people “of Black, African American, Hispanic, Latino, Native American or Indigenous descent.”
Nelson said there are not currently any marijuana businesses in Charlemont, and he does not anticipate any coming to town. The bylaw promoting social equity includes a provision whereby the bylaw will be rescinded if no applicants come forward within three years.
Regarding the ADU bylaw, Nelson said the Planning Board kept its language very similar to the state’s model bylaw, and only loosened the square footage limitations and restrictions on the number of ADUs a person can have on a property.
State law dictates that by-right ADUs can be up to 900 square feet or half the size of the primary dwelling, whichever is smaller. The Charlemont version removes the second half of the sentence and simply limits the ADUs to 900 square feet. The bylaw states that any ADUs must have a separate entrance from the primary dwelling, and any property that is not within a half-mile of public transit must provide an off-street parking space.
Nelson added that Massachusetts regulations state that towns can limit properties to just one ADU by right, and allow additional ADUs with special permits. Charlemont opted to allow two ADUs if a lot has enough space. He said the idea was that this provision would allow people to build multiple tiny homes on a property.
“If you’ve got the land, why not?” Nelson said.
The full language of the proposed bylaws, as well as the citizen’s petition, can be read at charlemont-ma.us/p/55/Planning-Board. Annual Town Meeting is set for Tuesday, May 26.
