HomeMy Public PortalAbout09-13-2011 Joint report EDP and PW Town Council
Town of Watertown
Joint Meeting of the Committee on Public Works
and the Committee on Economic Development and Planning
Meeting: August 9, 2011
Report: September 13, 2011
The two committees met Tuesday August 9th at 5:00 pm in the Council Chambers to discuss the
possibility of locating cellular antennas on public property.
Present were: Stephen Corbett, EDP Chair and PW Vice-chair; Susan Falkoff, PW Chair and EDP
Secretary; John Donohue, EDP Vice-chair; and Vincent Piccirilli, PW Secretary. Also present were
Director of Community Development & Planning Steven Magoon, DPW Superintendent Gerald Mee,
DPW Clerk Mary Haley, Council President Mark Sideris, Councilor Cecilia Lenk, and about 10
members of the public (see attached list). Councilor Corbett chaired the meeting.
Mr. Mee began by discussing the communications needs of the DPW. He said the DPW's radio vendor
told him coverage could be improved if the antenna on the existing 80 ft tall tower was raised 20 feet.
Councilor Falkoff asked how this would impact the neighborhood. Mr. Mee said perhaps the DPW
antenna could be raised by adding a pole to the existing tower instead of building a new tower, and this
would have a minimal visual impact. He also said the issue of interoperability between the DPW, police
and fire radios is another issue that needs to be studied, as part of homeland security enhancements
and changing FCC spectrum allocations. Mr. Magoon recommended hiring a consultant to assess the
Town's wireless communications needs before making a decision.
Next, Mr. Magoon presented a memo with the information requested at the previous meeting
(attached), which includes discussion on regulations from other communities that govern cell antennas
locations, RFPs that other communities have published for locating cell antennas on public property,
information from the MAPC on regulating cell antennas, and comments from the Town Attorney about
cell antennas on public property.
The recommendation from the Department of Community Development & Planning is to hire a public-
sector wireless communications consultant to evaluate the signal strength of major carriers throughout
Watertown, and compare that with public property to identify where it could make sense to locate
wireless facilities. With this data, if the Town decides to proceed, specific antenna locations with
specific construction and design conditions could be used to create an RFP. Mr. Magoon reminded the
committee that if antennas are located on Town property, the Town can control where they could be
located and how they could be hidden.
Councilor Piccirilli said that the Planning Board has been diligent in requiring camouflaged antennas at
recent cellular antenna installations elsewhere in Town but he agrees that a town RFP gives an
additional level of control.
Several members of the public spoke about their fears that a cell phone tower at the DPW could
present health risks and/or reduce property values. Kate Coyne of Worcester St presented a petition
with 71 names opposing a new 100 ft cell tower at the DPW. Councilor Piccirilli summarized comments
from emails that the Committee received.
Page 1 of 2
Joint Meeting of Committees on Public Works and Economic Development&Planning, Report—September 13,2011
Councilor Piccirilli said that no one on the Town Council would agree to proceed with any action that
could put the health or safety of residents at risk. He said there is a lot of conflicting or unconfirmed
literature about dangers of cell towers, but he has looked at both the research papers and
recommendations by leading cancer institutes, and is satisfied that cell phone base station antennas
present no health risk to the public. He read the conclusion from the World Health Organization fact
sheet N0304 titled Electromagnetic fields and public health. Base stations and wireless technologies
(attached): "Considering the very low exposure levels and research results collected to date, there is no
convincing scientific evidence that the weak RF signals from base stations and wireless networks
cause adverse health effects."
Councilor Donohue made a motion, in two parts, asking that the Joint Committees:
1. Recommend that full Town Council approve hiring a consultant to analyze the town's wireless
emergency communication needs and identify the cost and funding opportunities. Voted 4 to 0.
2. Ask Mr. Magoon to investigate and report back to the Joint Committees what the cost would be to
perform a study of the existing cellular coverage in Watertown and identify town properties which could
meet the needs of wireless companies. Voted 4 to 0.
The next meeting was scheduled for Tuesday September 13t' at 5:00 PM.
The meeting adjourned at 6:20 PM.
Report submitted by: Vincent Piccirilli
Page 2 of 2
J � I
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Town of Watertown
Department of
Iran Community Development and Planning
Administration Building
149 Main Street
h r '. Watertown, MA 02472
(617) 972-6417
FAX (617) 972-6484
To : Town Council Sub Committees on Economic Development and Planning and
Public Works
From : Steve Magoon, DCDP Directo
Date: August 9, 2011 I
Subject: Wireless Communication Facilities on Public Property
The honorable Town Council has referred the consideration of the Town entering into a
lease for a cellular antennae and tower on Town property to the sub-committee for
consideration. At the last joint meeting, the following 5 points of information were
requested from this department;
1 . Regulations from other communities that govern cell antennas on public
property.
I have reviewed the regulations from several communities, including Boston, Brookline,
Somerville, Lexington, Northborough and Belmont. They all regulate these facilities in
slightly different ways, and the only ones that have regulations that are specific to wireless
facilities on public property are Brookline, which supplants the Planning Board process and
design review with an advisory report from the Planning Board and a decision made by the
Board of Selectmen and leases subject to Town Meeting. Somerville only mentions that to
the maximum extent feasible, providers should locate on facilities located on public
property. Lexington refers to "institutional" locations, which include water towers or
transmission towers. The others either do not allow them or do not appear to regulate
them any differently through their zoning code. I have copies of each of these for reference.
2 . RFP's that other communities have published for locating cell antennas on
public property.
I have attached portions of two RFP's, one from the Town of Northborough, which was
looking for a tower at one specific location, and from the Town of Marshfield, which had 2
specific sites. I also have RFP's from Abington, for a tree like monopole next to their water
tower, Dedham, for attachment to a smokestack, and Weston, for an installation on their
water tank.
3 . Any available model from the MAPC that regulate cell antennas on public
property.
I contacted MAPC, which provided a document "Wireless Service Facilities and the
Law" (attached), which deals with these facilities in a broad sense, and is not specific to
public property leasing. They did not have any models to reference.
4. Any relevant information from the Town Attorney about his firms' experience
with communities who have regulated cell antennas on public property.
I have contacted Kopelman and Page, and they provided some additional RFP's, as noted
above, and they indicated that we are able to include limitations we feel are appropriate
when leasing Town property. As always they are available for specific questions or to
review drafts.
5. A memo from the Department of Community Development and Planning with
suggestions as to how these existing regulations and RFP's could be adapted
for use in Watertown.
This document will serve this purpose.
My primary recommendation is to hire a qualified professional to evaluate signal strength
of the major providers and compare that with public property to identify where it would
make most sense to locate wireless facilities. I think that this is a critical piece of
information to have as we consider entering the market as we should know what public
properties represent an opportunity. This also will help to address the concerns of
residents as to where the needs exist and where we can reduce the proliferation elsewhere.
1 also think it is reasonable to establish the parameters of where and under what
circumstances the Town is willing to locate such facilities. This should be the primary
component of an RFP, both in terms of where we want to solicit an installation, but also in
terms of specific conditions we would impose. As the lessee, we have tremendous control
over what will be constructed, if we decide to move forward at all .
Once we have evaluated the relative viability of various Town properties, we can decide
whether to proceed, and if so, I would then craft the specific set of parameters to consider
for placement in an RFP for these specific sites. This will take into consideration the
sample documents and any other recommendations we receive for conditions. Of course a
primary consideration will be the enhanced communication capability for Town services,
including public safety.
cc Michael J. Driscoll, Town Manager
Gerald S. Mee, Superintendent of Public Works
QpGN Mgssq TOWN OF NORTHBOROUGH
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VERTISEMENT �)
Town of Northborough
Request for Proposals
Lease of Municipal Property for Wireless Communications Tower
The Town of Northborough, Massachusetts, acting by and through its Board of
Selectmen, is seeking proposals from qualified wireless communications providers
interested in leasing a portion of Town-owned land at 211 Main Street for the
construction, installation, operation and maintenance of a wireless communication
facility.
All vendors must submit in conformance with the Request for Proposals documents
which will be available in the Town Administrator' s Office, 63 Main Sheet,
Northborough. Town Offices are open Mon, Weds, Thurs 8AM-4PM; Tues 8AM-7PM;
and Fri 7AM- 12PM. This RFP and the awarding of any lease pursuant thereto shall be
subject to the provisions of G.L. 00, § 16, and the terms of the statute shall control in
the event of any conflict between such terms and the terms of this RFP. Proposals must
be received by 2:00 p.m. on May 3 , 2010 at the Office of the Town Administrator, Town
Offices, 63 Main Street, Northborough, MA 01532.
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Town of Northborough
Request for Proposals
Lease of Municipal Property for Wireless Communications Tower
Table of Contents
I. General Information and Bid Submission Requirements ......, 66**6*4 60 9 rut 2
A. Submission Deadline & Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
B . Questions, Addendum or Bid Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
C. Pre-Bid Conference/Walk-through . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
D. Opening and Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . 5
II. Project Background ... .. . ........... .. .......... ............ .. ..................... . ................. . . . ......... 6
III. Scope of Services ...... .......... ................................................................ . . .. . . ............. 7
IV. Municipal Equipment ....... . ......... .......... . . ...... .......... ... ................. ... ................ . . Base. 8
V. Requirements for Application ........ .. ............ ....... ............... .................... . ............ 9
VI. Minimum Requirements ............. .......................... . .... ................. . .................. . ... 10
VII. Comparative Criteria ............... . ........... .. . ............ ................... .... ........................ 10
VIII. Rule for Award........ ..... ......... .................... .................. . .. ................. . ............. ...... 13
IX. Price Proposal Format.... 9 9 Fe494449 9 9144466469 9 wee a ease sea 64 Vallee 13
X. Lease Terms and Conditions... ........ .. ............. ............. ................................... . . .. 14
XI. Non-Collusion Form and Tax Compliance Form ................ . . .............. ............ 17
APPENDIX A: Zoning Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
APPENDIXB : Lease Proposal Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....28
APPENDIX C: Sample Lease Agreement. , . . . 00 Go ltlo@ so 44144bo 04 so * * * 04 0 # 0 Be 000 00 ofee go essesse 630
1
�pGH M45;9 TOWN OF NORTHBOROUGH
Town Offices
63 Main Street
o ' - E9 Northborough, MA 01532- 1994
z * (508) 393 -5040 Phone
(508) 393-6996 Fax
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I. General Information and Bid Submission Requirements
The Town of Northborough, Massachusetts, acting by and through its Board of
Selectmen, invites qualified wireless communications providers ("Applicants") to submit
proposals to lease approximately 2,400 square feet of the 8 .62 acres of Town-owned land
at 211 Main Street (the "Site") for the construction, installation, operation and
maintenance of a wireless communication facility ("Tower") . The Site, as shown on the
Assessor's Map 53 as Lot 107, recorded in the Worcester Registry of Deeds, Plan Book
3018, Page 172, is a Business West zoned parcel of land on which the Northborough
Police Department is located.
The proposed Tower installation is subject to the provisions of Section 7- 10-040 of the
Town of Northborough Zoning Bylaws, which is attached and incorporated within this
Request for Proposals ("RFP") as Appendix A. Construction of a wireless
communications facility requires Planning Board approval of a Special Permit.
Applicants should familiarize themselves with the Town's requirements and Special
Permit application process .
This RFP does not represent approval or exemption of the facility from the Town' s
Zoning Bylaws or building permit procedures, and the successful Applicant is responsible
for obtaining all necessary permits thereunder.
All Applicants must submit in conformance with the Request for Proposals documents
available in the Town Administrator' s Office at 63 Main Street. This RFP shall be
governed by the requirements of Chapter 30B of the Massachusetts General Laws, the
Uniform Procurement Act.
The Town will seek authorization at the April 26, 2010 Annual Town Meeting to enter
into a long-term lease agreement of more than three years for the use of a portion of
Town-owned land at 211 Main Street for the construction, installation, operation and
maintenance of the Tower and all accessory equipment, in accordance with
Massachusetts General Laws, Chapter 30B, Section 12(b). The term of the lease to be
awarded pursuant to this RFP is therefore subject to Town Meeting approval.
A. Submission Deadline & Instructions
In accordance with Chapter 30B of the Massachusetts General Laws, all submitted
proposals shall be separated in two sealed envelopes : one envelope containing a price
2
p�GN Mgsg TOWN OF NORTHBOROUGH
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63 Main Street
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proposal ("Cost Proposal"), and the other containing the non-price/technical proposal
("Technical Proposal") .
NO REFERENCE TO THE COST OF THE SERVICES SHALL BE CONTAINED IN
THE TECHNICAL PORTION OF THE PROPOSAL.
The Technical Proposal and Cost Proposal must be submitted in separately sealed
envelopes clearly marked with the Applicant's name and address, and the identification
"Technical Proposal for Wireless Communications Facility Lease" and "Price Proposal
for Wireless Communications Facility Lease," respectively. Both envelopes must be
enclosed in a third sealed envelope clearly marked with the Applicant' s name and address
and the identification "DO NOT OPEN: SEALED PROPOSAL FOR LEASE OF
MUNICIPAL PROPERTY FOR WIRELESS COMMUNICATIONS FACILITY."
The Cost Proposal should be submitted on the attached Lease Proposal Form contained in
Appendix B, with the attached Tax Compliance and Non-Collusion form. The Technical
Proposal shall consist of all submissions related to the performance of the Scope of
Services and other non-price requirements detailed in this RFP . The Town reserves the
right to accept any bid, and to reject any and all bids if it shall be deemed in the best
interests of the Town to do so .
Proposals must be signed as follows: 1 ) if the Applicant is an individual, by her/him
personally; 2) if the Applicant is a partnership, by the name of the partnership, followed
by the signature of each general partner; and 3) if the Applicant is a corporation, by the
authorized officer, whose signature must be attested to by the Clerk/Secretary of the
corporation and the corporate seal affixed.
One original and six (6) copies of the proposal shall be received and registered by the
Office of the Town Administrator, Town Offices, 63 Main Street, Northborough, MA
01532, no later than 2 :00 p.m. on May 3, 2010. Northborough ' s Town Offices are
open Monday, Wednesday and Thursday from 8 : 00 a.m. to 4 : 00 p.m., Tuesdays from
8 :00 a.m. until 7 : 00 p.m. , and Fridays from 7 : 00 a.m. until 12: 00 noon.
If, at the time of deadline for submission, Town Offices are closed due to uncontrolled
events such as fire, snow, ice, wind, or building evacuation, the proposal submission
deadline will be postponed until 2:00 p.m. on the next normal business day. In such case,
proposals will be accepted until that date and time.
3
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B. Questions, Addendum or Bid Modification
Questions concerning this RFP` must be submitted in writing to : Kimberly Hood,
Assistant Town Administrator, Town Offices, 63 Main Street, Northborough, MA 01532.
All inquiries received five or more days prior to the submission deadline will be
considered. Questions may be delivered, mailed, or faxed. Written responses will be
mailed or faxed to all Applicants on record as having picked up the REP . Oral responses
may not be relied upon.
If any changes are made to this RFP, an addendum will be issued. Addenda will be
mailed or faxed to all Applicants on record as having picked up the RFP.
All bid prices submitted in response to this RFP shall remain firm for forty-five (45) days
following the bid opening. The lease will be awarded within forty-five (45) days from the
bid opening. . The successful Applicant will be required to execute a lease for the Site in
substantially the form of the Lease Agreement attached as Exhibit C (the "Lease" or
"Lease Agreement"). The Town of Northborough may request or agree to changes or
additions to the Lease Agreement which do not decrease the amount of lease income or
the rights of the Town of Northborough under the Lease Agreement, at the Town' s sole
discretion.
The time for award may be extended for up to forty-five (45) additional days by mutual
agreement between the Town and the selected Applicant.
An Applicant may correct, modify, or withdraw a proposal by written notice received by
the Town prior to the time and date set for the bid opening. Proposal modifications must
be submitted in a sealed envelope clearly labeled "Modification No._. " Each
modification must be numbered in sequence, and must reference the original RFP.
The Town shall award a lease, if at all, to the responsive and responsible Applicant
whose proposal is deemed by the Town to be the most advantageous, taking into
consideration price and the evaluation criteria stated in this RFP. The Town reserves the
right to waive any informalities in the proposals, and to reject any and all proposals if it is
deemed to be in the best interests of the Town to do so.
If a mistake and the intended bid are clearly evident on the face of the bid document, the
mistake will be corrected to reflect the intended correct bid, and the Applicant will be
notified in writing; the Applicant may not withdraw the bid. An Applicant may withdraw
a bid if a mistake is clearly evident on the face of the bid document, but the intended
correct bid is not similarly evident.
4
o�G� At TOWN OF NORTHBOROUGH
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63 Main Street
o Northborough, MA 01532- 1994
(508) 393-5040 Phone
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or
Co Pre-Bid Conference/Walk-through
There will be a bidders ' conference and site visit on Wednesday, April 14, 2010 at 10 :00
a.m. at the Northborough Police Department, 211 Main Street.
D. Opening and Selection
Price and Technical Proposals will be publicly opened and recorded on May 3, 2010 at
2 : 00 p.m. at the Office of the Town Administrator. The Board of Selectmen reserves the
right to reject any proposal, which it deems, at its sole discretion, to be not in the best
interest of the Town, including incompatibility with the Site and/or use of the
surrounding land. Successful applicants will be required to execute the Lease Agreement,
substantially in the form attached as Appendix C, with such amendments as may be
mutually acceptable to the Town and the successful Applicant, within thirty (30) days
from the date of notice of acceptance of a proposal, or within such further time as the
Town agrees.
All proposals will be reviewed in accordance with G .L. c.30B by the Town
Administrator, and final selection will be made by the Board of Selectmen based on the
results of the Town Administrator' s evaluation and analysis of the information and
materials required under this RFP. The Lease will be awarded to the Applicant who
submits the required documents, has the demonstrated experience and resources to fulfill
the requirements of this RFP, and best meets the comparative evaluation criteria.
The Town will award a lease to a responsive and responsible Applicant. The Applicant
will have thirty (30) days from the time it receives notice from the Town that its offer has
been accepted, to execute the Lease Agreement. If the parties fail to execute the Lease
Agreement within thirty (30) days of notice of award, the Town may select the next most
advantageous offer.
The Town reserves the right to reject any and all proposals if it determines that it is in the
best interest of the Town to do so. The Town also reserves the right to waive any
informalities in the proposal process and to accept the proposal deemed to be in the best
interest of the Town.
5
�UGN M4 TOWN OF NORTHBOROUGH
pQ Cy Town Offices
63 Main Street
o Northborough, MA 01532- 1994
T * (508) 393-5040 Phone
(508) 393 -6996 Fax
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II. Project Background
The Town is seeking to replace its existing monopole style Public Safety
Communications Tower located behind the Police Station at 211 Main Street. The radio
tower is used by the Town' s Public Safety Dispatch Center to communicate via two-way
radio with Police, Fire, EMS and Public Works personnel. The current tower is
approximately thirty years old and at this time, additional needed repairs cannot be made
to the tower as technicians consider the structure unsafe to climb.
At its January 11 , 2010 meeting, the Board of Selectmen unanimously authorized the
Town Administrator to proceed with the issuance of an RFP to seek providers for the
design, installation and maintenance of a wireless communications facility on land at 211
Main Street to be leased from the Town.
The Town has identified an approximately 2,400 square foot area located adjacent to the
northwest corner of the Police Station as the preferred location for the new Tower.
Compared to the location of the current tower, the proposed site will allow for a larger
footprint which will provide additional space for the Applicant' s and future co-locators '
equipment and storage facilities.
The purpose of this RFP is to make a portion of the premises at 211 Main Street, owned
by the Town of Northborough and occupied by the Police Department, available on a fair
and competitive basis for the location of a wireless communications facility. This RFP
also seeks to accommodate the need for the minimum possible number of
telecommunications facilities within the Town and to minimize the adverse effects of the
location of such facilities on the Town of Northborough and its residents.
6
ppGN Mgss TOWN OF NORTHBOROUGH
�OQ q°yG Town Offices
63 Main Street
o Northborough, MA 01532- 1994
z * (508) 393 -5040 Phone
o (508) 393-6996 Fax
III. Scope of Services
The successful Applicant will enter into a twenty (20) year lease agreement with the
Town of Northborough under which the Applicant will, at its sole expense, be
responsible for installing and maintaining a new monopole-style Tower, all equipment
necessary to support Tower operations and the necessary underground connections to
public utilities. The successful Applicant will also be required to dismantle and remove
the existing communications tower.
The selected Applicant shall comply with all federal, state and local laws, regulations and
bylaws as may be applicable. (See Appendix A for the Town of Northborough 's Zoning
Bylaws governing Wireless Communications Facilities.)
The selected Applicant will be responsible for all construction permitting and other local,
state and federal government approvals. All necessary permits must be obtained at the
sole cost and expense of the Applicant.
The successful Applicant will be required to provide a back-up generator to provider
sufficient power to the Tower in the event of a power outage/disruption of utility service
to the site.
Per Section 7- 10-040 (E) (3) of the Town ' s Zoning Bylaws, the selected Applicant must
"allow the co-location of at least three other wireless communication providers on
commercially reasonable terms." The Applicant will be permitted to enter into
agreements to sub-lease space on the Tower to other parties, but minimum payments
proposed to the Town as a result of such sub-leases shall be specified on the Lease
Proposal Form found in Appendix B .
The Tower should only be as tall as necessary to meet the needs of the Applicant and its
co-locators. Therefore, if the Applicant is able to accommodate the same number of co-
locators at a lower height, with comparable signal strength, that is preferable to the Town.
If the selected Applicant fails to apply for all permits necessary to construct or install its
facilities within sixty (60) days of award of the Lease, or if after obtaining such permits it
fails to proceed with the construction or installation of such facilities on or before dates
mutually established, the Town of Northborough, at its sole discretion, may elect to
terminate the Lease.
7
UCH MASS TOWN OF NORTHBOROUGH
Acb� Town Offices
hZ R, 63 Main Street
a Northborough, MA 01532- 1994
z }� (508) 393-5040 Phone
01, (508) 393-6996 Fax
IV. Municipal Equipment
The successful Applicant shall reserve for the Town the following locations for the
equipment as specified (the "Municipal Equipment"):
A. Height priority at or near the top of the Tower for the following: Four (4) VHF
High band antennas for the DPW/Town Government, Fire, Police, spare and one ( 1 )
security device (pan/tilt/zoom camera).
B . Secondary Tower height priority shall be provided for an additional two (2) VHF
high band antennas for Fire secondary/man down and Police Tactical channel.
C. Intermediate space location shall be provided for another five (5) antennas as
follows at an intermediate height that shall not be below the tree line: one-VHF high band
for emergency management, one-UHF for fire and police mutual aid, one-800 MHZ for
fire, police and public safety mutual aid, one-Low band-wide band antenna and one-
scanner antenna.
Access for maintenance and upgrades or improvements to Municipal Equipment shall be
provided at no cost to the Town for the term of the Lease Agreement. The location of
Municipal Equipment shall be determined prior to construction and will be coordinated
with the Police Chief, Fire Chief, and Director of Public Works. The successful
Applicant agrees to install the Municipal Equipment at the same time as it installs its own
equipment on the Tower.
8
oUAN h1AO TOWN OF NORTHBOROUGH
Town Offices
63 Main Sheet
z Northborough, MA 01532- 1994
(508) 393-5040 Phone
w (508) 393-6996 Fax
9A�yAtED 'IAN;IA
v. Requirements for Application
Each Applicant must submit a written Application. The following information is
specifically required:
• Plans, photos, drawings and descriptions to provide sufficient information about
all structures, buildings and associated apparatus the Applicant seeks to install on
the Site. All drawings, plans, specifications and measurements submitted with the
proposal shall become part of any subsequent lease between the Town and the
Applicant.
• List of waivers or permits that the Applicant feels will be necessary in accordance
with the Town 's Zoning Bylaws.
• Applicants must comply with the Town ' s Zoning Bylaws, and all Town rules and
regulations, and apply for the necessary special permits, variances or waivers
within sixty (60) days of award of the Lease. If an Applicant foresees problems
with this process, such problems should be noted.
• A workable time schedule of permit process and target dates for construction and
completion.
• Evidence that the Applicant is licensed by the Federal Communications
Commission to provide wireless communications services.
• A description of the Applicant' s technical expertise and capabilities pertinent to
this project, including a list and copy of the Applicant's professional licenses,
accreditation, and references pertinent to the Applicant' s performance and
experience.
• A summary of the Applicant's experience with relevant projects including a
complete list of all projects completed in the last 3 years with references and
contact information for each.
• Statement of any judicial and/or administrative proceedings pending or concluded
adversely to the Applicant within the past five (5) years which relate to the
Applicant' s performance of this type of work.
• Appropriate Certificates of Insurance.
9
pUGN MA TOWN OF NORTHBOROUGH
p4 C,J0 Town Offices
63 Main Street
z y Northborough, MA 01532- 1994
*� * (508) 393 -5040 Phone
(508) 393 -6996 Fax
• Evidence of financial stability.
• Completion of the attached Certificate of Non-Collusion.
The Pricing Proposal, contained in Appendix B, must be included in a separate sealed
envelope. The Price Proposal shall be in the form of a fixed annual amount (a lease fee
to be paid to the Town for use of the land), plus a percentage of co-location revenues that
will be payable to the Town.
All proposals shall be deemed to be public records with the meaning of G.L. c. 4, § 7(26).
If an Applicant believes that the RFP requires the disclosure of technical, proprietary, or
trade secret information that the Applicant is not willing to make public, the Applicant
may submit such information in a separate envelope clearly marked, which will be
returned to the Applicant following the designation of the successful Applicant. No part
of a proposal involving the amount of lease income the Applicant is willing to pay may
be designated as confidential.
VI. Minimum Requirements
Each Applicant must demonstrate that it meets the following minimum qualifications :
i. Be licensed by the Federal Communications Commission to provide wireless
communications services.
ii. Demonstrated knowledge of, and experience in, legal and administrative
requirements, procedures and practices related to the design, installation,
operation and maintenance of Wireless Communications Facilities in the
Commonwealth of Massachusetts.
iii. A minimum of five (5) years experience in constructing, owning, operating,
managing and maintaining similar facilities.
VII. Comparative Criteria
The Awarding Authority will make further review of all applications found to be
responsive and check references as may be appropriate. Further review will be based on
the following comparative criteria :
10
OQG'A Won TOWN OF NORTHBOROUGH
Town Offices
63 Main Sheet
z h Northborough, MA 01532- 1994
(508) 393-5040 Phone
_ (508) 393-6996 Fax
A. Most aesthetically appropriate use of the Site/Impact of proposed facility on
surrounding property
➢ Highly Advantageous: The proposed plans for the Site involve the most
aesthetically appropriate use of the Site by minimizing the visual and
environmental impacts of the proposed facilities, consistent with the requirements
of the Town ' s Zoning Bylaw. Design measures taken to minimize the visual
impact of the equipment will contribute to a Highly Advantageous rating.
➢ Advantageous: The proposed plans for the Site comply with the requirements of
the Town 's Zoning Bylaw relative to such installations, and use standard
installation techniques, with only modest efforts in the area of mitigating visual
impacts and protecting the environment.
➢ Not Advantageous: The proposed plans for the Site comply with the requirements
of the Town' s Zoning Bylaw relative to such installations, but do not attempt to
mitigate the visual impact or protect the environment.
➢ Unacceptable: The proposed plans for the Site are not for wireless communication
tower purposes or otherwise do not comply with the Town' s Zoning Bylaw and
the provisions of this RFP.
B. Technical expertise and capabilities
➢ Highly Advantageous: The Applicant has significant technical expertise and
capabilities for the construction, operation and maintenance of wireless
communications towers, antennas, and other equipment. In particular, this highest
rating will be reserved for Applicants whose experience, professional licenses and
accreditation, and professional references demonstrate that the Applicant is
capable of developing a specialized approach to the operation and maintenance of
the wireless communication tower, antennas and communications equipment in a
manner that is suitable for this Lease. The material submitted pursuant to Section
V of this RFP will be used to evaluate this criterion.
➢ Advantageous: An Applicant who has some technical expertise and capabilities
for the operation and maintenance described above.
➢ Unacceptable: An Applicant who has no specific technical expertise or
capabilities for operation and maintenance described above.
11
o�GH Mgss9 TOWN OF NORTHBOROUGH
pQ C,f, Town Offices
63 Main Street
a Z9 Northborough, MA 01532- 1994
* (508) 393 -5040 Phone
c+ (508) 393-6996 Fax
C. Experience with similar projects
➢ Highly advantageous : An Applicant has experience in the development and
operation of five or more facilities that are similar in nature, size, and scope.
➢ Advantageous : An Applicant has experience in the development and operation of
three or four similar projects .
➢ Not Advantageous: An Applicant has experience in the development and
operation of one or two similar projects.
D. Demonstrated ability to complete projects on a timely basis
➢ Highly advantageous : All of the Applicant's references indicate that projects were
completed on schedule or with minimal, insignificant delays.
➢ Advantageous: Only one of the Applicant' s references indicates that the project
was completed with substantial delays attributable to the Applicant, and no
current project or project completed in the last three years experienced substantial
delays attributable to the Applicant.
➢ Not advantageous : Two of the Applicant' s references indicate that the project was
completed with substantial delays attributable to the Applicant, and no current
project or project completed in the last year experienced substantial delays
attributable to the Applicant.
➢ Unaccentable: More than two of the Applicant's references indicate that the
project was completed with substantial delays attributable to the Applicant.
E. Quality of Proposal
➢ Highly Advantageous — The Proposal clearly demonstrates that the Applicant
understands the problem and issues involved and has provided a project approach
that is clear, concise and addresses all aspects of the Request for Proposals
➢ Advantageous — The Proposal demonstrates that the Applicant understands the
problem and issues involved and has a project approach that addresses all aspects
of the Request for Proposals
12
o�GN Men - TOWN OF NORTHBOROUGH
�pQ CyG Town Offices
�Z 63 Main Sheet
i y Northborough, MA 01532- 1994
(508) 393-5040 Phone
,,,,, , 7 N (508) 393 -6996 Fax
o9A�9ATED I ~
➢ Not Advantaeeous — The Proposal demonstrates that the Applicant understands
some aspects of the problem and issues involved and has a project approach that
addresses some aspects of the Request for Proposals
➢ Unaccentable — The Proposal demonstrates that the Applicant does not understand
the problem and issues involved and has presented a project approach that does
not address most aspects of the Request for Proposals
The Awarding Authority may request that one or more respondents provide additional
information during the process to permit it to complete the evaluation process. It is the
intent of the Awarding Authority to interview the top ranked Applicants . The Town will
enter into a Lease with the Applicant offering the most advantageous response, taking
into consideration all evaluation criteria.
VIII. Rule for Award
The Town will select the responsive and responsible Applicant submitting the most
advantageous proposal, taking into consideration the Applicant's qualifications,
experience, references and plan for the Site as well as the annual lease and co-location
fees payable to the Town.
IX. Price Proposal Format
As described in Section I of this RFP, the "Price Proposal" is to be submitted separately
from the "Technical Proposal" using the Price Proposal Form included in Appendix B .
13
UGH Mgss TOWN OF NORTHBOROUGH
��QD q°yG Town Offices
hZ 63 Main Sheet
z Northborough, MA 01532- 1994
* » (508) 393 -5040 Phone
(508) 393-6996 Fax
ti° �
X. Lease Terms and Conditions
The Lease Agreement shall be substantially in the form attached hereto as Appendix C,
and shall be in form acceptable to Town Counsel. The Lease will incorporate the Request
for Proposals, the responses to the Request, the minimum requirements and terms agreed
by all parties.
The successful Applicant will be responsible for complying with all terms and conditions
contained within the Lease, in addition to all other local, state and/or federal rules which
may apply to the operation of a wireless communications facility. The Applicant will be
responsible for obtaining and maintaining all required permits, licenses or other like
requirements for the operation of a wireless communications tower in the Commonwealth
of Massachusetts.
The Applicant shall not be permitted to begin construction of the Tower or installation of
equipment before executing a lease. The Applicant shall apply for all permits necessary
to construct or install its facilities within sixty (60) days of award of the Lease
Agreement. Rent payment shall commence upon the earlier of receipt of a Special Permit
by the Applicant or ninety (90) days from the date of execution of the Lease Agreement.
The Town will grant the successful Applicant, after review of the proposed construction
plans and schedules and upon compliance with the Town's Zoning Bylaws and all other
Town rules and regulations, a temporary construction easement for access and egress
from the Site for construction of the Tower and installation of necessary equipment. The
Applicant shall restore all land disturbed during the construction and installation of the
Tower to good and acceptable condition as deemed appropriate by the Town.
The Town makes no representation of any kind with respect to the Site, its adequacy to
support equipment, or its appropriateness for the intended use. Applicants will be
permitted to inspect any plans, specifications or other records relating to the Site that the
Town may have in its possession. Access to the Site to make inspections, perform
engineering surveys and tests to the suitability of the Site shall be at the Applicant' s own
risk and expense, with prior approval of the Town. Each Applicant will be responsible for
any personal injury or damage to property and will hold harmless and indemnify the
Town for any damages arising out of its inspections or testing of the Site.
The Applicant shall agree that the Site to be leased shall be used only for the purpose of
constructing the Tower and establishing, maintaining and operating the equipment as a
wireless communications facility. In no instance shall the Applicant use the land for any
14
OpGH MAN TOWN OF NORTHBOROUGH
Town Offices
63 Main Street
i y Northborough, MA 01532- 1994
*� * (508) 393 -5040 Phone
(508) 393-6996 Fax
°9ar�o �a�ti
purpose not directly related to this function. It is intended to be an un-manned site used
only for the transmission and reception of the wireless communications provided by the
Applicant and co-locators. All such facilities must be secured in a manner as to address
any reasonable safety and aesthetic issues raised by the Town.
The successful Applicant shall indemnify, defend, and hold the Town harmless from and
against any and all claims, demands, liabilities, actions, causes of actions, costs and
expenses, including attorney's fees and expenses, arising out of the installation, use,
maintenance, repair or removal of the facility or the breach of any provision of the lease
entered into pursuant to this RFP . The successful Applicant shall maintain insurance,
underwritten by an insurer licensed to do business in the Commonwealth of
Massachusetts, covering the facility in an amount satisfactory to the Town and listing the
Town as an additional insured.
If the Applicant fails to 1 ) apply for all permits necessary to construct or install its
equipment within sixty (60) days of award, or 2) upon issuance of all such necessary
permits, fails to proceed to construct or install such equipment on or before dates
mutually established, then the Town may elect, by thirty (30) days written notice to the
tenant, terminate the lease and retain the bid deposit.
The successful Applicant shall bear all costs for installation, maintenance, operation and
removal of the facility. The successful Applicant shall post with the Town Treasurer a
bond, or the cash equivalent, in an amount sufficient to cover the demolition of the
facility, but in any event no less than $ 10,000 . At the end of the lease period, the
successful Applicant shall remove all personal property and equipment installed at the
Site, and shall, at the request of the Town, remove any building or other structures
erected by it at the Site, including any utility connections, and shall restore the Site to its
pre-existing condition within sixty (60) days from the date of abandonment or
discontinuation of use. If the Town does not require removal of the buildings or other
structures including utility connections installed by the successful Applicant, the Town
may require the successful Applicant to transfer such buildings, structures and
connections to the Town. Tenant shall also furnish and pay all costs for obtaining and
maintaining a performance bond, in the amount of $50,000, for the duration of this Lease
to secure Tenant' s obligations under this Lease, including, without limitation, Tenant' s
obligation to pay Rent and any termination fee as included in the Lease Agreement. The
bonds shall be written by a company authorized to issue such bonds in the
Commonwealth of Massachusetts and satisfactory to the Town, and shall be issued upon
execution of the Lease Agreement. The bonds shall not be cancelled, materially changed
15
Q�GH Mgsg TOWN OF NORTHBOROUGH
Town Offices
63 Main Street
z y Northborough, MA 01532- 1994
y (508) 393-5040 Phone
`O (508) 393 -6996 Fax
o9AogATfD 'IANti�`ti
or reduced without first giving written notice to the Town and Tenant at least thirty (30)
days in advance and obtaining the Town' s consent.
16
REQUEST FOR PROPOSALS
FOR THE LEASE OF MUNICIPAL PROPERTY
TO BE USED FOR WIRELESS COMMUNICATION FACILITIES
The Town of Marshfield, acting by and through its Chief Procurement Officer (hereinafter "the Town"),
is seeking proposals for the lease of two (2) sites for the operation and maintenance of wireless
communication facilities along with co-locators. This Request for Proposals is made pursuant to
Massachusetts General Laws, Chapter 30B, § 16, pertaining to lease of real property.
The deadline for submission of proposals is March 28, 2007 at 3 :30 p,m,
The two (2) sites are as follows:
Site A: Waste Water Treatment Facility (WWTF) Located at 200 Town Pier Rd. Marshfield, MA shown
on the town Assessor's Atlas as Map M07, Block 03, Lot 01 . The coordinates of the WWTF are: 42-
05 - 15 .9N latitude NAD 83 ; longitude 70-38-41 .6W. The WWTF is 10 ' above mean sea level.
The WWTF property has sufficient land area to accommodate a wireless communication facilitate. In an
effort to minimize the appearance of the facility to the sunrounding neighborhood, concealed structures
such as flag poles, light house or other camouflaged facilities are desired.
Site B: Webster St. II Pumping Station as shown on the Marshfield Assessor' s map as Map K04, Block
Ol , Lot 06, located off of Webster St. The coordinates of the parcel are: latitude42-04-22.7N;
longitude 70-40-38.OW, NAD 83 The pumping station is 13 .6 ' above mean sea level .
Both properties are owned and managed by the Marshfield Department of Public Works.
I Site Inspections, Testini:
1 . The Town makes no representations of any kind with respect to either of the sites, their adequacy to support the
equipment, or the appropriateness of any site for use as a wireless communication installation. Interested parties
will be allowed to review town records relating to each site and will have access to each site to make inspections,
perform engineering surveys and conduct drive tests at their own expense, with the prior approval of the Town.
Each firm will be responsible for determining the adequacy of the locations and the suitability of the site for use
as a wireless communication station.
3 . Drive Tests — Firms submitting proposals will be able to schedule appointments to inspect the sites and conduct
drive tests for both sites will be scheduled the week of March 12th 2007. Please contact Paul Halkiotis, Town
Planner at (781 ) 834-5554 to schedule times for a drive test. Forty eight hours advanced notice is required for
drive tests.
4. Insurance: An insurance certificate must be provided to the Town of Marshfield Planning Office at least (2)
business days in advance of the scheduled date of testing. The insurance certificate should provide evidence of the
following coverage:
♦ Commercial General Liability, including Owners and Contractor's Protective Liability, in the amount
of $ 1 million dollars per occurrence, $2 million aggregate.
1
♦ Automobile Liability, specifying all owned, hired and non-owned autos with bodily injury coverage
in the amount of $500,000 per occurrence, one million dollars aggregate and property damage
coverage in corresponding amounts.
♦ Workers Compensation and Employer's Liability in amounts as required by Massachusetts General
Laws. The insurance certificate must also state the dates of coverage and the location(s) to which the
coverage applies.
He RFP Requirements
Each proposal must satisfy all of the following proposal submission requirements in order to be considered for
award. A proposal which does not include all of the proposal submission requirements may be rejected as
non-responsive. The Town reserves the right to reject any and all proposals that are found to not be in the best
interests of the Town. All firms submitting a proposal must review the proposed lease agreement provided as
Attachment 3 . Firms should be prepared to execute the lease agreement in substantially the same form presented
in Attachment 3 .
1 . Instructions for Submittine Pronosals
A. Date & Location for Pronosal Submission: Qualified firms are invited to deliver six (6) copies of each proposal
for each site to the Planning Department, Marshfield Town Hall, 870 Moraine St., Marshfield, MA 02050.
FAXED or E-Mailed PROPOSALS ARE NOT ACCEPTABLE. All proposals must be submitted in
accordance with General Laws Chapter 30B, § 16. The deadline for receipt of proposals is March 28, 2007 at
3 :30 PM.
B . Seoarate Pronosals for Each Site — Please provide separate proposals for each site. Qualified firms are not
required to submit proposals for both sites. Proposals should be clearly marked "Wireless Communication
Facilities Proposal" and the name of the site ("Waste Water Treatment Facility"; or "Webster St. If Pumping
Station"). Proposals should include the annual rent for each year of the 5 year term of the lease and for each year
of the three (3) renewal terms totaling twenty (20) years. Qualified firms are requested to submit escalating rent
such that the rental payments increase each year during the lease term by an amount to be specified by the
qualified firm.
C. Letter of Transmittal — A cover letter must be submitted signed by the individual authorized by the qualified
firm to negotiate on behalf of the firm and contractually bind them, stating that the offer is effective for at least
ninety (90) calendar days from the submission of proposals, or a lease is executed, or this RFP is cancelled,
whichever occurs first.
D. Descriotion of Pronosed Installation: Detailed plans and specifications for the proposed facility are not
required at this time but will be required for the building permit application. However, a brief description of the
proposed wireless installation is required including the following information:
♦ plan showing the proposed location of all equipment;
♦ description of all structures necessary to support or contain the equipment;
♦ list of the proposed equipment to be installed, please include equipment cut sheets;
♦ utility or telecommunication cables or services needed to operate the site;
♦ proposed security structures;
♦ plans or pictures of similar facilities the firm has developed in other locations similar to the two sites.
E. Other Communitv Benefits: Explain any other benefits to the community that the qualified firm is willing to
offer, such as phones, low cost or free wireless phone service, locations on the structure that would be provided to
the town for wireless antennas for public safety departments or future WAN equipment network.
2
F. List of other Municipal Sites: Please provide a list of municipalities in Massachusetts where the firm has
installed a wireless communication facility in the past two years and site contact information for references.
G. FCC License: Please submit a copy of the firms FCC License, if a licensed telecommunication company.
H. Reauested Changes to Lease: Please provide a list of any proposed changes to the lease agreement. If
proposed changes are substantial and determined to not be in the best interest of the town, the proposal may be
rejected.
I. Standard Forms: The following list of standard forms must be submitted as part of the proposal .
1 . Certificate of Beneficial Interest Form: Please submit a completed Certificate of Beneficial Interest in Real
Property transaction form as required by Mass. Gen. Law, c.7, 40J. See Attachment 4.
2. Non-Collusion Affidavit: Please submit a fully executed certificate of Non-Collusion Form. See Attachment
5 ,
3 . Contractor Certification Form: Please submit a fully executed Contractor Certification Form. See
Attachment 6.
4. Certification of Pavment of State Taxes: Please submit a fully executed Certificate of Payment of State
Taxes Form. See Attachment 7.
2 . Other RFP Requirements
A. Zonine Requirements: The awarding of a lease for use of both properties is subject to the regulations of
Marshfield Zoning Bylaw section 11 . 12. Both locations will require a Site Plan Review and a Special Permit
issued by the Zoning Board of Appeals.
B. Amendments to this RFP : The Town reserves the right to amend this Request for Proposals at any time by
written notice to each firm prior to the deadline for submission of proposals, and to reject any and all proposals
received, if they are determined to not be in the best interests of the Town.
C. Responsibility of the firms: Submission of a proposal shall be conclusive evidence that the firm has examined
the site and the RFP documents and is familiar with all the conditions of the proposed lease(s) . Upon finding any
omissions or discrepancy in the RFP documents, the firm shall notify the Town Planner immediately so that any
necessary addenda may be issued. Failure of the firm to completely investigate the site and/or to be thoroughly
familiar with the RFP documents (including plans, specifications and all addenda) shall in no way relieve him or
her from any obligation with respect to the proposal .
D . Proorietary Information: Proposals are not considered public records until after a proposal has been
accepted by the Town. If a firm believes that the RFP requires the disclosure of technical, proprietary,
or trade secret information that the firm is not willing to make public, it may submit such information in
a separate envelope, clearly marked "Confidential Corporate Information", which will be returned to the
firm following the award of proposals. No part of a proposal involving the amount of rental income that
the firm is willing to pay may be designated as confidential.
E. Compliance with Federal. State and Local Laws: Final award of a lease is contingent upon the firm ' s
demonstration of compliance with all federal, state and local laws, rules and regulations and obtaining any and all
required permits and licenses.
3
3 . Proposal Evaluation Process: The Town Planner, Town Administrator and Town Engineer and / or their
designee will review the proposals and make a recommendation to the Chief Procurement Officer on the
acceptance of proposals by April 25, 2007. Proposals that have been determined to be non-responsive or
incomplete may be rejected.
A. Acceptance of Proposals : The acceptance of a proposal for each site will be made on the basis of a responsive
proposal submitted by a qualified firm who offers the highest overall annualized rental value over the entire
twenty (20) year period of the lease. The highest overall annualized rental value, will be calculated using the
present value of all proposed lease payments over the entire 20 year term. The rent payments are due annually
in advance of each fiscal year, beginning on July first of each year. Note that while the award will be based on
a twenty (20) year lease term, the lease is structured for a 5 -year initial term with three (3) renewal terms; the
Town retains sole discretion in the exercise of each option to renew.
In the case of more than one qualified firm proposing to locate on a structure, the firm with the highest overall
annualized rent, as determined above, will have first choice of the location on the structure. Other qualified
firms preference on locations on the structures will also be prioritized based the amount of rent offered.
Lease Moroval: The Town Planner, Town Administrator, Town Engineer and Town Counsel / or their
designee will review any proposed changes to the standard lease agreement. When agreement is reached on
the language of the standard lease agreement the Town Counsel will conduct a final review of the lease and
make a recommendation to the Board of Public Works to sign the lease. The Town reserves the right to reject
any changes to the lease agreement that is not in the best interests of the town.
4
LEASE AGREEMENT
1 . Parties.
This LEASE AGREEMENT ("Lease"), made this day of
2007, by and between the Town of Marshfield, (hereinafter "LESSOR"), a municipal
corporation organized and existing under the laws of the Commonwealth of
Massachusetts, with a mailing address
acting by and through the , with a usual business address
o£ hereinafter "LESSEE".
2. Definitions.
As used herein, the terms "Wireless Communication Facility, shall be as defined in
Article II Definitions, of the Town of Marshfield Zoning Bylaw, as may be amended
from time to time during the term of this Lease.
3 . Lease of Property.
a. LESSOR hereby leases to LESSEE portions of the Property located at
Marshfield, MA shown on the Twn Assessor' s Map_, Block , Lot _, consisting of
square feet (all as more particularly shown on Lease Exhibit A) for LESSEE to
construct, install, operate, maintain, repair, replace, protect and secure, its radio fixtures
and related equipment, cables, accessories and improvements (collectively, the "Antenna
Facility"), including, without limitation, the right to install up to # pannel antennas
on the tower, (antenna center line +/- AGL), to connect the antennas by coaxial cables
to telecommunications equipment located and to connect the equipment to
standard electric and telephone service, together with unrestricted access for Tenant's
uses from the nearest public right-of-way along the Property, substantially in accordance
with the plans and specifications prepared by , dated , as
shown on Lease Exhibit A attached hereto and incorporated herein, as such plans and
specifications may be modified and amended to accommodate the requirements of
required governmental permits and approvals (hereinafter, "the Leased Premises" .) :
b. LESSEE shall have a non-exclusive right and easement to the Leased Premises
during normal business hours, as hereinafter defined, for ingress and egress, on foot or
motor vehicle, including trucks, for the installation and maintenance of wireless
communication equipment. LESSEE shall also have emergency access to the Leased
Premises as further provided in paragraph 4 of this Lease.
4. Hours of Access.
a. Normal Business Hours: Unless otherwise agreed by LESSOR to accommodate
LESSEE ' s needs during construction or otherwise, which agreement shall not be
unreasonably withheld or delayed, LESSEE's access shall be limited to access during
normal business hours of the Town of Marshfield. for purposes of this Lease, normal
business hours shall be defined as five days a week, Monday through Friday, from 8 : 30
a.m. to 4 : 30 p .m. .
5
b. Emergency Access : For purposes of this Lease, "emergency access" is defined
as access at any time outside the normal business hours as defined in paragraph 4 a.
LESSEE shall have twenty-four hour access to the Leased Premises in the event of an
emergency, provided, however, that LESSEE must be accompanied by Town of
Marshfield personnel for emergency access and provided that LESSEE shall be
responsible for paying any overtime or other costs incurred by LESSOR in connection
with facilitating LESSEE's emergency access to the Leased Premises.
5 . Lease Term and Rental.
a. The Initial Term of this Lease shall be for a period of five (5) years beginning
on the date Tenant is issued a building permit for the Antenna Facility. In the event that
the building permit has not been sought by Lessee and the term has not commenced with
in one year of lease endorsment, the lease will comence one year from endorsement of
the lease and rent payment shall comence. Annual rental shall be in accordance with the
following schedule of rents, pro rated for any partial month(s) ("Rent") :
Year Rent
I $
2 $
3 $
4 $
5 $
Rent shall be paid annually in advance of each fiscal year beginning July I " annually.
Rent shall be paid by check made payable to the Town of Marshfield and mailed or
hand-delivered to :
Treasurer-Collector
Town of Marshfield
870 Moraine Street
Marshfield, MA 02050
b. Rent Escalation: Rent shown in the table in Section 5 . a and Section 5 . d has
been escalated at the rate of % percent ( X %) per year, rounded up. No further
escalation shall apply.
c. Extension /Renewal of Term : Three (3) five (5) year extension terms . Seven
(7) months prior to the expiration of the then current term, Lessee shall send written
notice to Lessor of its intention to renew this lease. Lessor shall, within forty-five (45)
days from receipt of written notice, inform LESSEE in writing of its acceptance or
rejection of such renewal . If LESSOR does not provide a response in said forty-five (45)
day period, the LESSOR shall be deemed to have approved such renewal.
d. Extended Term Rentals:
The annual rental due for each successive year of any extended term shall be in
accordance with the following schedule. No rent shall be due for any year of any
6
extended term unless the lease term is extended in accordance with the provisions of
Section 5 .c of this Lease.
Year Rent
6 $
7 ( $
8 $
9 ) $
10 $ _
11 $
12 $
13 ( $
14 $
15 I $
16 $
17 $
18 $
19 $
20 $
6 . Electric Service.
During the initial term of this Lease and any extension thereof, LESSOR shall cooperate
with LESSEE in any effort by LESSEE to obtain such electric service as may be
necessary in connection with the operation of LESSEE's wireless communication
equipment. The cost of obtaining and maintaining such electric service to the Leased
Premises shall be paid by LESSEE. LESSEE shall have a separate electric meter installed
for its electric service and LESSEE shall pay all costs related to said electrical service.
7 . Co-Locators and Non-Interference.
a. Co-Locators : LESSEE acknowledges and agrees that this Lease is
non-exclusive, and as such, LESSOR maintains the right to co-locate other wireless
communications installations on the Leased Premises, and/or to execute such additional
leases with other interested parties who wish to co-locate such wireless communication
equipment on the Leased Premises as may be feasible.
b. LESSOR acknowledges and agrees that it will not permit the installation of any
future wireless communication equipment which (a) results in technical interference
problems with LESSEE ' s equipment or (b) encroaches on the leased premises. Prior to
entering into any new lease agreement(s) with co-locators, LESSOR shall require the
prospective tenants demonstrate that their proposed wireless installation will not cause
interference with any existing tenant(s) / lessee' s facilities. This may necessitate an
7
interference study, performed by a qualified radio frequency engineer, funded by any
new/prospective tenants.
c. LESSEE acknowledges and agrees that in the event that a new installation
causes interference with an existing installation, the new lessee will have thirty (30) days
to cure the interference problems or they will be required to cease operations until such
time as the interference problem is resolved.
d. LESSEE acknowledges and agrees that the Town of Marshfield reserves the
right to utilize space on the tower for the public saftey, utility communications including
but not limited to the Waste Water Treatment Plant and Water Department SCADA' s
system, civil defence and wireless wide area network on the tower, LESSEE agrees it will
not cause interfearance to any of the Town' s wireless equipment at the tower.
8 . Use.
a. LESSEE shall use the Leased Premises for the purpose of constructing,
maintaining, repairing, replacing and operating wireless communication equipment,
which equipment shall consist of the items described on Lease Exhibits A and B, attached
hereto and incorporated herein by reference.
b . LESSOR grants LESSEE the right to use such portions of LESSOR's property
as is reasonably required for the construction, installation, maintenance, and operation of
LESSEE's wireless communication equipment including: ( 1 ) the right of ingress and
egress to and from the Leased Premises for construction machinery and equipment, (2)
the right to use such portions of LESSOR's land as are reasonably necessary for storage
of construction materials and equipment during installation of wireless communication
equipment. LESSEE shall maintain the Leased Premises and all of LESSEE's
improvements on the Leased Premises in a good condition.
c. The use or storage of any hazardous or toxic materials or substances on the
Webster II Pumping Station is prohibited unless LESSEE has obtained prior written
approval from LESSOR.
9. Maintenance.
a. LESSEE shall properly maintain the wireless communication equipment in
good order and working condition, keeping in continuous full compliance with all
federal, state and local laws, rules, and regulations, including Part 17 of the Federal
Communications Commission Rules and Regulations and any future amendments thereto .
LESSEE shall maintain the Leased Premises in at least the same condition as they were
prior to the installation of LESSEE's wireless communication equipment, reasonable
wear and tear excepted. Any alternations or improvements shall be at LESSEE's sole cost
and expense. In addition, any alterations shall be made in quality at least equal to the
preexisting condition of the Leased Premises and shall conform to all statutory,
regulatory, and ordinance requirements. Prior to making any alterations or improvements,
LESSEE shall obtain LESSOR's consent, which shall not be unreasonable withheld or
delayed.
8
b. LESSEE, shall not permit any mechanics' liens, or similar liens, to remain upon
the Leased Premises for labor and material furnished to LESSEE or claimed to have been
furnished to LESSEE in connection with work of any character performed or claimed to
have been performed at the direction of LESSEE and shall cause any such lien to be
released of record forthwith without cost to LESSOR. Any material alterations or
improvements made by LESSEE and allowed as permanent by LESSOR shall become
the property of LESSOR at the termination of occupancy as provided herein. Whether
such alterations shall be allowed as permanent or shall be required to be removed at the
end of the Lease term shall be LESSOR's sole decision.
10. LESSOR's Access.
LESSOR or agents of LESSOR may, at reasonable times, upon reasonable prior notice to
and accompanied by a representative of LESSEE, enter to view the Leased Premises. In
the event of an emergency or perceived emergency, LESSOR may enter take actions
based on LESSOR' S sole judgement as appropreate actions to respond to the emergency,
without prior notice to LESSEE. Annually, or more frequentlly at its sole discretion, at
reasonable times, upon reasonable prior notice to and accompanied by a representative of
LESSEE, LESSOR shall conduct an inspection of the Leased Premises. Notwithstanding
the above, the only time LESSOR will be permitted to access the equipment area will be
in the event of an emergency.
11 . Taxes.
LESSEE shall be responsible for making any necessary returns for and paying any and all
other property and or personal property taxes separately levied or assessed against the
improvements constructed by LESSEE on the Leased Premises.
12. Indemnification.
a. LESSEE shall indemnify, hold harmless and defend LESSOR against any and
all claims, damages, suits or causes of action for damages arising after the
commencement of this Lease and any orders, decrees or judgments which may be entered
therein, brought for damages or alleged damages resulting from any injury to person or
property or from loss of life sustained by any person or persons whatever in or about the
Leased Premises. It is the intention and agreement of the parties hereto that LESSOR, its
officers, boards, committees, agents, and employees shall not be liable for any personal
injuries to LESSEE or its officers, agents, employees, subcontractors or invitees or to any
other person entering the Leased Premises, or for any injury to any property of LESSEE,
its officers, agents, employees, or invitees, or any property on any part of the Leased
Premises, irrespective of how said damage .or injury was caused whether from actions of
LESSEE or any other person, except that damage arising from a provable omission, fault,
negligence or other misconduct of LESSOR in or about the Leased Premises shall remain
the responsibility of LESSOR. LESSEE shall promptly notify LESSOR of any claim or
proceeding brought against LESSEE in connection with LESSEE's operations on the
Leased Premises and agrees to undertake forthwith to defend such action or proceeding,
at LESSEE's own cost and expense, and hold LESSOR harmless and indemnify LESSOR
against any liability thereon which may be asserted or imposed.
9
b . LESSEE shall indemnify and save harmless LESSOR of and from any and all
liability, loss, damage, expense, cause of action, suit, claim and judgment, including
reasonable legal expenses in connection with defending against such action, suit or claim
arising from injury to persons or property of any and every nature and for any matter
arising from LESSEE's occupation and use of the Leased Premises occasioned by
LESSEE, its agents, employees, or invitees during the term of this Lease.
13 . Iusurance.
a. Liabilitv Insurance. With respect to the Leased Premises and any adjacent
property owned by LESSOR and used by LESSEE for ingress and egress to the Leased
Premises, LESSEE shall maintain at all times during the term of this Lease or any
extension thereof, at its own expense and cost, commercial public liability insurance
which shall include the broad form commercial general liability against injury to persons
or damage to property insuring LESSEE and LESSOR as an additional named insured,
against any claim of liability arising out of LESSEE's use or occupancy of the Leased
Premises. Such insurance shall further provide coverage in the minimum amount of two
million dollars ($2,000,000) and shall be issued by a responsible company qualified to do
business in Massachusetts and in good standing therein.
b. Fire Insurance. LESSEE shall, at all times during the term of this Lease or any
extension thereof, at its own expense and cost, maintain, as part of its own property
insurance, fire insurance for its wireless communication equipment, which insurance
shall provide protection against fire and the risks covered by: ( 1 ) the usual extended
coverage endorsement; (ii) vandalism endorsement; and (iii) the so-called "all risk"
endorsement. The minimum amount of fire insurance shall be the full replacement value
of its wireless communications equipment at the Leased Premises. LESSEE shall not
permit any use of the Leased Premises which will make voidable any insurance on the
Leased Premises or its contents or which shall be contrary to any law or regulation from
time to time established by the New England Fire Insurance Rating Association, or a
similar body succeeding to its powers. LESSEE shall on demand reimburse LESSOR all
extra insurance premiums caused by LESSEE's use of the premises.
c. Certificates of such insurance shall be delivered to LESSOR at or prior to the
commencement date of the Lease, and certificates of renewals or replacements thereafter
shall be furnished to LESSOR prior to the expiration date of each such insurance policy.
All such policies of insurance shall contain an endorsement that they may not for any
reason be cancelled or terminated for failure or refusal to renew by the insurance
company or by LESSEE, except only if the insurance companies issuing such policies
shall notify LESSOR in writing by certified or registered mail no less than thirty (30)
days prior to the effective date of such proposed cancellation, termination or failure or
refusal to renew.
d. In the event that any such policy is proposed to be terminated, not renewed or
otherwise cancelled for any reason whatsoever, by the insurance company or LESSEE,
LESSEE shall also immediately and prior to the effective date of such termination,
10
cancellation or non-renewal provide equivalent substitute policies in like qualified
companies and in like amounts to LESSOR. Upon failure to so provide such substitute
policies LESSOR may secure equivalent insurance coverage and LESSEE shall, upon
demand, pay the total premium charges thereon either directly to the insurance companies
or reimburse LESSOR for the premiums if paid by LESSOR.
14. Fire And Casualty.
a. In the event of damage or destruction of any portion of the Leased Premises by
any casualty insured against by LESSEE, all sums payable under policies of insurance
with respect to such damage ("Insurance Proceeds"), must first be applied by LESSEE for
restoration of the Antenna Facility, second to the restoration or replacement of any of
LESSEE' s lost or damaged personal property, third to reimburse LESSEE for the cost of
insurance, fourth any remaining proceeds to be retained by LESSEE for the future repair
and maintenance of the premises . LESSEE shall make the Insurance Proceeds available
for the purposes specified herein.
b . When such fire or casualty renders the Leased Premises substantially unsuitable
for their intended use, LESSEE may elect to terminate this Lease. LESSEE may
terminate this Lease by giving written notice to LESSOR of its intention to do so within
thirty (30) days after the date of such damage or destruction.
c. If LESSEE fails to notify LESSOR of its intention to terminate the Lease as
specified in the immediately preceding paragraph, or if LESSOR fails to restore the
Leased Premises to its prior condition within ninety days of said damage, LESSOR may
terminate this Lease.
15 . Default and Bankruptcy.
a. In the event that: ( 1 ) LESSEE shall default in the payment of any installment of
rent or other sum herein specified and such default shall continue for ten ( 10) days after
receipt of written notice thereof or (2) LESSEE shall default in the observance or
performance of any other of LESSEE's covenants, agreements, or obligations hereunder
or of any term, condition or provision or any permit, license or other like approval
required for the operation of LESSEE's wireless communication equipment, and such
default shall not be corrected within thirty (30) days after written notice thereof, or (3)
LESSEE shall be declared bankrupt or insolvent according to law, or if any assignment
shall be made of LESSEE's property for the benefit of creditors, then LESSOR shall have
the right thereafter to re-enter and take complete possession of the Leased Premises, to
declare the term of this Lease ended, and remove LESSEE's effects, without prejudice to
any remedies which might be otherwise used for arrears of rent or other default.
b. LESSEE shall indemnify LESSOR against all loss of rent for the then current
term and other payments which LESSOR may incur by reason of such termination during
the remainder of the lease term. If LESSEE shall default, in the observance or
performance of any conditions or covenants on LESSEE's part to be observed or
performed under or by virtue of any of the provisions in this Lease, then LESSOR,
without being under any obligation to do so and without thereby waiving such default,
11
may remedy such default for the account and at the expense of LESSEE. If LESSOR
makes any expenditure or incurs any obligations for the payment of money in connection
therewith, including but not limited to, reasonable attorney's fees in instituting,
prosecuting or defending any action or proceeding, such sums paid or obligations insured,
with interest at the rate of eight (8%) percent per annum and costs, shall be paid to
LESSOR by LESSEE as additional rent. LESSOR shall give LESSEE 60 days notice
before any interest shall be charged.
16 . Termination.
a. LESSEE: In the event that (a) any of the certificates, permits, licenses, or other
approvals required by any federal state, and local authorities required for LESSEE
operation is not issued, cancelled, expires, lapses, or is otherwise withdrawn or
terminated by government authority so LESSEE in its sole discretion determines that it
will be unable to use the Leased Premises for its intended purposes; or (b) LESSEE
reasonably determines that the Leased Premises has become unsuitable for LESSEE's
Facility due to subsequent changes in system or network design, then in such event
LESSEE shall have the right to terminate this Agreement by written notice. Notice of
LESSEE's exercise of its right to terminate shall be given to LESSOR by certified mail,
return receipt requested, and shall be effective thirty (30) days thereafter. All rent paid to
LESSOR as of said effective date of termination, shall be kept by LESSOR and this
Agreement shall become null and void and the parties shall have no further obligations,
including the payment of money to each other.
17. Surrender.
LESSEE shall at the expiration or other termination of this Lease remove all LESSEE's
equipment, goods and effects from the Leased Premises, either inside or outside the
Leased Premises and all alterations not accepted by LESSOR as permanent in accordance
with Paragraph 9(a) above, including, without hereby limiting the generality of the
foregoing, all improvements, fixtures and personal property constructed or installed on
the Leased Premises by LESSEE, including panels, equipment building, radio, electronic,
and/or electric equipment, cables, wire, and coax. LESSEE shall deliver to LESSOR the
leased premises and all keys, locks thereto, if any, and other fixtures connected therewith
and all allowed permanent alterations and additions made to or upon the Leased
Premises, in good condition, damage by fire or other casualty, reasonable wear and tear
and damage properly attributable to LESSOR only excepted. In the event of LESSEE's
failure to remove any of LESSEE's property from the premises within 60 days of the
lease termination, LESSOR is hereby authorized, without liability to LESSEE for loss or
damage thereto, and at the sole risk of LESSEE, to remove and store any of the property
at LESSEE's expense, or to retain same under LESSOR's control or to sell at public or
private sale, without notice, any or all of the property not so removed and to apply the net
proceeds of such sale to the payment of any sum due hereunder, or to destroy such
property.
18 . Assignment.
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LESSEE may assign or sublet all or any part of this Lease, and all or any rights, benefits,
liabilities and obligations hereunder, to (i) any person or business entity which is a parent
or subsidiary of LESSEE, controls or is controlled by or under common control with
LESSEE, is merged or consolidated with LESSEE or purchases a majority or controlling
interest in the ownership or assets of LESSEE; or (ii) with LESSOR' s consent which
shall not be unreasonably withheld or delayed, any person or business entity which is
licensed by the FCC to operate a wireless communications business. Upon notification to
LESSOR by LESSEE of any such action, LESSEE will be relieved of all future
performance, liabilities and obligations under this Lease to the extent of such assignment
or sublease. LESSEE may not otherwise assign or sublet this Lease without LESSOR's
consent. LESSEE shall provide LESSOR notice of any assignment under this paragraph
within thirty (30) days after such assignment is completed and documented.
19. Amendment.
No Lease revision shall be valid unless made in writing and signed by a duly authorized
agent of LESSEE and LESSOR acting by and through the Board of Public Works. No
provision may be waived except in writing signed by Board of Public Works when such
waiver is on behalf of LESSOR and a duly authorized signatory of LESSEE.
20. Severability.
If any term or condition of this Lease is determined to be held unenforceable, the
remaining terms and conditions shall remain binding upon the parties as though said
unenforceable provision were not contained herein.
21 . Interpretation.
Unless otherwise specified, the following rules of construction and interpretation apply:
(a) Captions are for convenient reference only and in no way define or limit the
construction of the terms and conditions hereof; (b) use of the tern "including" shall be
interpreted to mean "including but not limited to;" use of the terms "termination" or
expiration" are interchangeable; use of the terms "will" and "shall" are interchangeable,
and mandatory, rather than permissive; (c) except as otherwise expressly stated,
whenever a party's approval or consent is required under this Lease, such consent shall
not be unreasonably withheld or delayed; (d) reference to a default shall take into
consideration any applicable notice, grace and cure periods; and (e) exhibits are an
integral part of the Lease.
22 . Governing Law.
This Lease and the performance thereof shall be governed, interpreted, construed and
regulated by the laws of the Commonwealth of Massachusetts.
23 . Service of Process.
LESSEE's agent is authorized to receive Service of Process on behalf of LESSEE, with
respect to any matter related to this Agreement and the performance thereof.
24. Notice of Lease.
13
LESSOR agrees to execute a Notice of lease pursuant to G.L. c. 183 , §4, to be prepared
by LESSEE, which Notice may be recorded by LESSEE at its expense. 'Immediately
upon recording a copy shall be sent to LESSOR.
25 . Notices.
All notices must be in writing and shall be deemed validly given if sent by certified mail,
return receipt requested, addressed as follows (or any other address that the party to be
notified may have designated to the sender by like notice) and shall be deemed received
as of the earlier of three days after the date of the postmark or actually receipt thereof:
LESSOR: Chairman Board of Public Works, 870 Moraine St. Marshfield, MA 02050.
LESSEE:
LESSOR'S LOCAL AGENT FOR SERVICE OF PROCESS :
Town Counsel, Town of Marshfield, 870 Moraine St. Marshfield, MA 02050.
LESSEE'S LOCAL AGENT FOR SERVICE OF
PROCESS :
26. Entire Agreement.
This Agreement contains all the agreements, promises and understanding between
LESSOR and LESSEE an no oral agreements, promises or understandings shall be
binding upon either LESSOR or LESSEE in any disputes, controversy or proceeding at
law, and any addition, variation or modification to this Agreement shall be void and
ineffective unless made in writing and signed by the parties hereto.
27. Environmental
a. LESSOR and LESSEE agree that each will be responsible for compliance with any and
all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
condition or other matters as many now or at any time hereafter be in effect, that are now
or were related to that party's activity conducted in or on the Property.
b. LESSEE will be responsible for compliance with all Hazardous Materials Laws
(including for any required clean-up) pertaining to the operation of LESSEE's
Antenna Facility on the Property and LESSEE will indemnify and hold harmless
LESSOR from and against any and all direct liabilities, damages, losses, costs,
assessments, penalties, fines, expenses and fees.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respected seals this day.
LESSOR:
14
LESSEE:
WITNESS :
BY:
15
Wireless Service Facilities and the Law
Federal Law
The Telecommunications Act of 1996 ("the Act" ) governs federal, state and local government oversight
of the siting of personal wireless service facilities such as cell phone towers. See 47 U .S.C.A. § 332 (7).
While the Act preserves local zoning authority, it also states when the exercise of that authority may be
preempted by federal law.
Specifically, the Act:
• Limits any action discriminating between different types of personal wireless services providers,
such as cellular, wide-area SMR and broadband PCS. 47 U .S. C.A. § 332 (7) ( 13) (i) ( 1 ).
• Limits any action that would prohibit or have the effect of prohibiting the construction,
modification or placement of these kinds of facilities in a particular area . 47 U .S. C.A. § 332
(7)( 13)(i)( 11).
The Act also :
• Requires a state or local government to respond to a request for authorization to place,
construct, or modify personal wireless service facilities within a reasonable period of time after
the request is duly filed, taking into account the nature and scope of such request.
• Requires any decision denying such a request to be in writing and supported by substantial
evidence contained in a written record .
• Prohibits a state or local government from regulating the placement, construction and
modification of personal wireless service facilities on the basis of the environmental effects of
radio frequency emissions.
The Act provides a person who is adversely affected by any final action or failure to act by a state or
local government with review by a court, if filed within 30 days after such action or the failure to act,
and with review by a court or the Federal Communications Commission if the decision was based on the
environmental effects of radio frequency emissions.
Case Law
The principle legal issue in many court cases regarding the Telecommunications Act of 1996 and local
zoning board authorities (ZBA) is not the legality of a particular bylaw, but whether the decision of a ZBA
to deny or approve an application for a wireless services facility was legal . Furthermore, much of the
case law involves the second provision of the Act.
Prohibiting or effectively prohibiting personal wireless service facilities
A locality does not need to outright ban wireless service facilities for a court to find its action unlawful;
instead, a locality's action that effectively bans such facilities will also be found unlawful . The First
Circuit Court of Appeals has found two situations in which a locality's action effectively prohibits the
construction, modification or placement of personal wireless service facilities within an area . The first is
when a local authority "sets or administers criteria which are impossible for any applicant to meet" and,
the second, when an applicant's "existing application is the only feasible plan" to locate a wireless
service facility within the jurisdiction and the ZBA denies that application.
To have a ZBA decision overturned, a plaintiff would have to prove the following: first, that the locality's
zoning decision and bylaws prevents the closing of significant gaps in the availability of wireless service
and, second, that not only has it application been rejected but that "further reasonable efforts are likely
to be fruitless so that it is a waste of time even to try."
The Telecommunications Act of 1996 only sets a threshold on a locality's zoning authority. For example,
in Cellco Partnership d/b/a Verizon Wireless v. Town of Grafton, 336 F.Supp . 2d 71 (2004), defendant
Town of Grafton denied plaintiff Cellco a special permit to place a wireless service facility in a low-
density residential district. The relevant zoning bylaw contained several provisions on the siting of such
facilities including, but not limited to, the following: preference based on the zoning district in which the
facility would be placed, a requirement that the applicant prove it had sought other locations, setback
requirements, design requirements, a minimum visual impact requirement and landscaping
requirements. The town denied Cellco's application for several reasons, including the failure to meet
setback requirements, to provide a good faith effort to utilize existing facilities and to demonstrate that
the facility would have a minimal visual impact. The court upheld the town's denial based on Cellco's
failure to investigate several other feasible locations and, therefore, to prove that its application was the
only feasible plan . The Grafton bylaw itself was never challenged nor did the court comment on its
legality.
A review of current case law revealed similar cases in which a locality imposed setback requirements,
limited the height of a facility or limited its location to specific zoning districts. The principle legal issue
of those cases was whether the ZBA's decision effectively prohibited wireless service facilities or
whether it was supported by sufficient evidence. Thus, the case law would suggest that a municipality
has broad authority in drafting bylaws related to wireless services facilities up to, of course, the
threshold established by the Telecommunications Act of 1996 .
Massachusetts law
The Massachusetts Attorney General (AG) Municipal Law Division is charged with reviewing and
approving municipal bylaws. The AG does not review these bylaws for consistency with federal law; the
office only reviews bylaws for consistency with state law. Although federal limitations are important to
consider when drafting or amending a bylaw related to wireless services facilities, a municipality should
also keep in mind that AG approval is necessary to post and publish a bylaw.
The following are examples of some zoning bylaws related to personal wireless service facilities that
have been reviewed by the AG . These can be found on the AG website, at:
htti) ://www. mass.¢ov/?oai�e I D=caRote rm ina I& L=4& LO= Home& L1=Govern ment& L2= M u n ici oa I+Law+ U ni
t&L3=Municipal+Law+Cases&sid=Caao&b=terminalcontent&f=izovernment selected tooic&csid=Caen.
Preferential Treatment based on Ownership
There are relevant cases posted on the AG website which focus on telecommunications facilities and the
preferential treatment of land based on ownership . In Case #2358 (Town of Adams, 2002) and Case
#1841 (Town of Windsor, 2002), both of the bylaws in question ranked siting criteria in order of
preference and including language stating that "municipal lands, which comply with other requirements
of this section and where visual impact can be minimized and mitigated" are sites less preferred than
others. The AG disapproved both bylaws on the basis that they gave preferential treatment to property
solely on the basis of ownership rather than on the physical or neighborhood characteristics of the
property. Citing Massachusetts General Law Chapter 40A, Section 4, the AG states: "any zoning
ordinance or by-law which divides cities and towns into districts shall be uniform within the district for
each class or kind or structures or uses permitted ." Thus, all parcels within a zoning district must be
treated uniformly.
However, in Case #2517 (Town of Brewster, 2003) the AG's decision appears to approve of a Personal
Wireless Services and Communications Facilities Overlay District comprised entirely of all parcels owned
by the Town of Brewster. The basis of the AG's disapproval is the provision in the proposed bylaw that
would add "any future property acquisitions" by the municipality to the proposed Personal Wireless
Services and Communications Facilities Overlay District. The AG determined that a district's boundaries
cannot be changed without adoption of an amendment to the zoning bylaw, as per M .G . L. c. 40A, § 3;
therefore, the bylaw was not approved . The AG made no determination on the validity of creating an
overlay district comprised entirely of municipal land .
It is important to note that the Massachusetts Attorney General Municipal Law Divisions reviews
municipal bylaws on a case-by-case basis. Even if the office were to approve one municipality's bylaw,
there is no guarantee that another municipality's bylaw containing the same language would be
approved .
WHO I Electromagnetic fields and public health Page 1 of 4
World Health
Organization
Media centre
Electromagnetic fields and public health
Share Print
Base stations and wireless technologies
Fact sheet N°304
May 2006
Mobile telephony is now commonplace around the world. This wireless
technology relies upon an extensive network of fixed antennas, or base
stations, relaying information with radiofrequency(RF) signals. Over 1.4
million base stations exist worldwide and the number is increasing
significantly with the introduction of third generation technology.
Other wireless networks that allow high-speed internet access and
services, such as wireless local area networks (WLANs), are also
increasingly common in homes, offices, and many public areas (airports,
schools, residential and urban areas). As the number of base stations and
local wireless networks increases, so does the RF exposure of the
population. Recent surveys have shown that the RF exposures from base
stations range from 0.002%to 2% of the levels of international exposure
guidelines, depending on a variety of factors such as the proximity to the
antenna and the surrounding environment. This is lower or comparable to
RF exposures from radio or television broadcast transmitters.
There has been concern about possible health consequences from
exposure to the RF fields produced by wireless technologies. This fact
sheet reviews the scientific evidence on the health effects from continuous
low-level human exposure to base stations and other local wireless
networks.
Health concerns
A common concern about base station and local wireless network antennas
relates to the possible long-term health effects that whole-body exposure to
the RF signals may have. To date, the only health effect from RF fields
identified in scientific reviews has been related to an increase in body
temperature (> 1 °C)from exposure at very high field intensity found only in
certain industrial facilities, such as RF heaters. The levels of RF exposure
from base stations and wireless networks are so low that the temperature
increases are insignificant and do not affect human health.
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WHO I Electromagnetic fields and public health Page 2 of 4
The strength of RF fields is greatest at its source, and diminishes quickly
with distance. Access near base station antennas is restricted where RF
signals may exceed international exposure limits. Recent surveys have
indicated that RF exposures from base stations and wireless technologies
in publicly accessible areas (including schools and hospitals)are normally
thousands of times below international standards.
In fact, due to their lower frequency, at similar RF exposure levels, the body
absorbs up to five times more of the signal from FM radio and television
than from base stations. This is because the frequencies used in FM radio
(around 100 MHz)and in TV broadcasting (around 300 to 400 MHz)are
lower than those employed in mobile telephony(900 MHz and 1800 MHz)
and because a person's height makes the body an efficient receiving
antenna. Further, radio and television broadcast stations have been in
operation for the past 50 or more years without any adverse health
consequence being established.
While most radio technologies have used analog signals, modern wireless
telecommunications are using digital transmissions. Detailed reviews
conducted so far have not revealed any hazard specific to different RF
modulations.
Cancer: Media or anecdotal reports of cancer clusters around mobile
phone base stations have heightened public concern. It should be noted
that geographically, cancers are unevenly distributed among any
population. Given the widespread presence of base stations in the
environment, it is expected that possible cancer clusters will occur near
base stations merely by chance. Moreover, the reported cancers in these
clusters are often a collection of different types of cancer with no common
characteristics and hence unlikely to have a common cause.
Scientific evidence on the distribution of cancer in the population can be
obtained through carefully planned and executed epidemiological studies.
Over the past 15 years, studies examining a potential relationship between
RF transmitters and cancer have been published. These studies have not
provided evidence that RF exposure from the transmitters increases the
risk of cancer. Likewise, long-term animal studies have not established an
increased risk of cancer from exposure to RF fields, even at levels that are
much higher than produced by base stations and wireless networks.
Other effects: Few studies have investigated general health effects in
individuals exposed to RF fields from base stations. This is because of the
difficulty in distinguishing possible health effects from the very low signals
emitted by base stations from other higher strength RF signals in the
environment. Most studies have focused on the RF exposures of mobile
phone users. Human and animal studies examining brain wave patterns,
cognition and behaviour after exposure to RF fields, such as those
generated by mobile phones, have not identified adverse effects. RF
exposures used in these studies were about 1000 times higher than those
associated with general public exposure from base stations or wireless
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WHO I Electromagnetic fields and public health Page 3 of 4
networks. No consistent evidence of altered sleep or cardiovascular
function has been reported.
Some individuals have reported that they experience non-specific
symptoms upon exposure to RF fields emitted from base stations and other
EMF devices. As recognized in a recent WHO fact sheet"Electromagnetic
Hypersensitivity", EMF has not been shown to cause such symptoms.
Nonetheless, it is important to recognize the plight of people suffering from
these symptoms.
From all evidence accumulated so far, no adverse short-or long-term
health effects have been shown to occur from the RF signals produced by
base stations. Since wireless networks produce generally lower RF signals
than base stations, no adverse health effects are expected from exposure
to them.
Protection standards
International exposure guidelines have been developed to provide
protection against established effects from RF fields by the International
Commission on Non-Ionizing Radiation Protection (ICNIRP, 1998)and the
Institute of Electrical and Electronic Engineers (IEEE, 2005).
National authorities should adopt international standards to protect their
citizens against adverse levels of RF fields. They should restrict access to
areas where exposure limits may be exceeded.
Public perception of risk
Some people perceive risks from RF exposure as likely and even possibly
severe. Several reasons for public fear include media announcements of
new and unconfirmed scientific studies, leading to a feeling of uncertainty
and a perception that there may be unknown or undiscovered hazards.
Other factors are aesthetic concerns and a feeling of a lack of control or
input to the process of determining the location of new base stations.
Experience shows that education programmes as well as effective
communications and involvement of the public and other stakeholders at
appropriate stages of the decision process before installing RF sources can
enhance public confidence and acceptability.
Conclusions
Considering the very low exposure levels and research results collected to
date, there is no convincing scientific evidence that the weak RF signals
from base stations and wireless networks cause adverse health effects.
WHO Initiatives
WHO, through the International EMF Project, has established a programme
to monitor the EMF scientific literature, to evaluate the health effects from
exposure to EMF in the range from 0 to 300 GHz, to provide advice about
possible EMF hazards and to identify suitable mitigation measures.
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WHO I Electromagnetic fields and public health Page 4 of 4
Following extensive international reviews, the International EMF Project
has promoted research to fill gaps in knowledge. In response national
governments and research institutes have funded over$250 million on
EMF research over the past 10 years.
While no health effects are expected from exposure to RF fields from base
stations and wireless networks, research is still being promoted by WHO to
determine whether there are any health consequences from the higher RF
exposures from mobile phones.
The International Agency for Research on Cancer(IARC), a WHO
specialized agency, is expected to conduct a review of cancer risk from RF
fields in 2006-2007 and the International EMF Project will then undertake
an overall health risk assessment for RF fields in 2007-2008.
Further Reading
ICNIRP (1998)www.icnirp.org/documents/emfgdl.pdf
IEEE (2006) IEEE C95.1-2005 "IEEE Standard for Safety Levels with
Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3
kHz to 300 GHz"
Related links
Base stations &wireless networks: Exposures & health consequences
Fact sheet: Electromagnetic fields and public health: Electromagnetic
Hypersensitivity
WHO handbook on "Establishing a Dialogue on Risks from
Electromagnetic Fields"
2006 WHO Research Agenda for Radio Frequency Fields
pdf, 100kb
For more information contact:
WHO Media centre
Telephone: +41 22 791 2222
E-mail: mediainquiries@who.int
http://www.who.int/mediacentre/factsheets/fs304/en/index.html 8/3/2011