[Massplanners] Cell Tower permit

[ruralplanningassociates at crocker.com]

Trish:

 

I’d say that unless the town has a specific provision in its zoning bylaw
that contemplates renewal of an otherwise expired special permit, state law
controls. If the special permit has not been acted upon, it is no more.

 

Jeff Lacy

Rural Planning Associates

(413) 230-9693

 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Trish
Settles | CMRPC via MassPlanners
Sent: Thursday, September 7, 2023 4:15 PM
To: Mass Planners <massplanners at masscptc.org>
Subject: [Massplanners] Cell Tower permit

 

One of our towns has a  cell tower that had a special permit that has been
expired for 9 years.  The COMPANY wants to renew/amend the special permit
but cannot renew something that has expired. There are different property
owners now. 

 

The Planning Board feels that a NEW special permit is to be requested by the
COMPANY not a renewal, because it has been expired for 9 years. 

 

Their attorney said he is not going to request something he does not feel
they need. He is worried about losing the "Spectrum Act".  The new property
owner does not

get any financial benefit from COMPANY Acquisitions because the previous
property owner took a lump sum for the cell tower and gave THE COMPANY an
easement.

 

The Town’s counsel has not responded.

 

Suggestions on how to proceed?  Is there an entity at the State who would
provide guidance?  Thanks for any help you can provide.

 

Happy Heat Wave

 

Trish Settles

Trish Settles, AICP

(she/her/hers)

Deputy Director

Regional Collaboration and Community Planning

Central Massachusetts Regional Planning Commission

1 Mercantile Street, Suite 520

Worcester, MA  01608

 

Direct:  (508) 756-7717 x 120 

Fax:     (508) 792-6818

Web:    www.cmrpc.org <http://www.cmrpc.org/> 

 

 <http://cmrpc.org/>
<https://www.cmrpcregionalservices.org/imagine2050>  

 


Please be advised that the Massachusetts Secretary of State and the
Massachusetts Attorney General consider e-mail to be a public record, and
therefore subject to the Massachusetts Public Records Law, M.G.L. c. 66 §
10.

 

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