Proposed Zoning Changes Address Setbacks and Wireless Services

The Amherst Planning Board has two warrant articles for proposed zoning changes on the 2013 ballot:

ARTICLE 38: Open Space Plan setback updates

Are you in favor of adopting an amendment to Article IV: ZONING REGULATIONS, Section 4.16 Open Space Plan, to align front, side and rear setback requirements with the underlying Zoning District as proposed by the Amherst Planning Board for the Town of Amherst Zoning Ordinance?

(The Planning Board supports this amendment by a vote of 5-1)

The proposed amendment reduces the front, side and rear setbacks designated under the Open Space Plan to be the same as those specified in the underlying zoning district and not more restrictive. For example in the Residential Rural district you cannot build a primary structure within 50 feet of your front property line (the front setback is 50 feet) or within 25 feet of your side and rear property lines (side and rear setbacks are 25 feet). Under the Open Space Plan as currently written, the front setback is 75 feet which is more restrictive than the underlying Residential Rural District. The proposed changes would make all setbacks equal.

ARTICLE 39: Personal Wireless Service Facilities and FCC compliance

Are you in favor of deleting Article III: GENERAL ZONING PROVISIONS, Section 3.16 Personal Wireless Service Facilities and adding Section 3.16 Personal Wireless Service Facilities amended to comply with rulemakings by the Federal Communications Commission as proposed by the Amherst Planning Board?

(The Planning Board supports this amendment by a vote of 6-0)

The proposed amendment deletes the current ordinance and replaces it with a revised Personal Wireless Facilities ordinance to comply with new federal rulemakings from the Federal Communications Commission (FCC). The FCC created the new rulemakings in 2010 which require the Planning Board to approve applications within specified timeframes. If the Board fails to comply with the new FCC rulemakings the applicant is automatically granted the permit, so it is imperative for the Town to adopt the revised ordinance to allow the Planning Board sufficient time to review all Personal Wireless Service Facilities prior to building permit issuance.