Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, June 25, 2014
Public Present
Mark Cook of Bay Communications, George E. Davis, Jon Springer of Bay Communications, Kendall Davis, Jean Travers, Bob Gashlin of AT&T, John Kelly of Acadia National Park, Marjorie Monteleon, Stephanie Clement of Friends of Acadia
Board Members Present
Bill Hanley, David Ashmore, Chairman Ellen Brawley, Lili Andrews, and Dennis Kiley
Also present were CEO Kimberly Keene, Recording Secretary Heidi Smallidge and Attorney for the Planning Board James W. J. Collier.
The meeting was called to order at 6:04 p.m. by Chairman Brawley.
June 11, 2014: Voting members were noted as Chairman Brawley, Lili Andrews, Dennis Kiley, and David Ashmore. Ms. Andrews moved to approve the Minutes. Mr. Kiley seconded. Motion approved 4-0.
- Conditional Use Approval(s):
- Conditional Use Approval Application #007-2014
OWNER(S): Hillard W. & Betty A. Walls, Trustees
APPLICANT(S): Municipal-Bay Holdings, LLC; New Cingular Wireless PCS, LLC
AGENT(S): Jonathan Springer, Esq.
P. Andrew Hamilton, Eaton Peabody, Esq.
LOCATION: 29 Otter Creek Drive, Otter Creek
TAX MAP: 032 LOT(S): 007 ZONE(S): Village Residential 2 (VR2)
PURPOSE: Section 6B.17 Wireless Communication Facility – Cell Tower
SITE INSPECTION: 4:00 PM
Ms. Andrews confirmed adequate public notice was given and there was no conflict of interest found. Chairman Brawley noted the voting members.
Chairman Brawley summarized that this meeting was a continuation of the meeting tabled on April 23, 2014. At that time the application was deemed not complete. It was noted at the April meeting that submissions 6B.17-8A, B, C, F, G, and H were all missing and would require a response or submittal from the applicant. A review of the materials presented was made.
Chairman Brawley inquired after submission 6B.17-8A (a report from a professional engineer describing aspects of the communications tower). John Springer of Bay Communications had understood from the April meeting that the full soils report could be postponed and that a soil report from Hancock County would suffice for now. Mark Cook of Bay Communications added that the soil reports from Natural Resources Conservation Service of the USDA Soil Database were used as a comparison and used for tower and foundation estimates. These reports were also used for Section 6.B 17-8B (tower and foundation drawings stamped by a Maine engineer proving structural capability). It was confirmed that soil samples were not taken at the proposed site. Instead soil samples from the Gatehouse Road
application were used for this site as the soils were deemed similar. Mr. Springer noted that trees would have to be removed in order to take the necessary samples. He had been under the impression that using the samples from a similar site would be acceptable to avoid the damage. The soil samples would be necessary in order to get the permit. Ms. Andrews noted it could be made a condition of approval.
It was noted that the final design – pole or mono-pine – could be incorporated into the plans and design calculations.
Regarding Submission 6.17-8C (elevation drawings), Mr. Cook presented two elevation profiles.
With regard to 6.17-8F (narrative and demonstration of visibility), Mr. Springer stated this was covered in the visual impact report. Chairman Brawley suggested that a clear point-by-point description of each of the required submittals with clear labeling would have made review easier. Attorney Collier added that a narrative should have been submitted. In addition he noted that it would be helpful if the narrative had the submittals listed and a description of where the materials could be found. The Board agreed the narrative was necessary.
With regard to 6B.17-8G and H (visual impact assessment and site photos), Chairman Brawley noted the pictures submitted were good, and voiced appreciation in showing the various heights and the mono-pine insertion. She inquired where in the submittals it stated the Maine State Historic Preservation standards were met. She inquired whether topography and land uses had been included; she was unable to find them.
Mr. Cook noted the viewshed analysis had been submitted to Acadia National Park. Comments made by representatives of the Park are then submitted to the MSHP for their comments.
Chairman Brawley felt some pieces of 6B.17-8H were missing, specifically site photos showing views of and from the proposed site.
Chairman Brawley noted that the coverage maps seems to be identical for the various heights presented. It was confirmed these were three separate maps.
Ms. Andrews wondered whether there were other mono-pine designs to choose from. Mr. Cook noted the mono-pine used in the pictures was a depiction of the best type of pine that could be used for the equipment required.
Mr. Hanley requested a mono-pine detailed drawing. Mr. Cook noted it could be provided.
Mr. Hanley stated he would like to see submissions for 6B.17-8F1, 2, and 3 clearly labeled as such and the submittals enumerated and labeled relative to Section 6B.17-8 in such a way as it could be found easily. Attorney Springer pointed out the narrative as well as several other items in the body of the submittal. Chairman Brawley also requested a technical drawing of a mono-pine in the submissions.
With regard to 6B.17-G Chairman Brawley noted that the applicants had requested a waiver until completeness for “an analysis of the impact on historical and archaeological resources shall meet the requirement of the Maine State Historic Preservation Officer in his/her review capacity for the FCC.” Mr. Cook reported that FCC Form 620 is in process, however it is a lengthy process. In the meantime the Acadia National Park and the MHSP are in the process of reviewing and offering comments.
Ms. Andrews moved, with Mr. Hanley seconding, to find the application incomplete, pending the submittal of a narrative calling out in detail all of the submittals in Section 6B.17-8A, B, C, F, G, H, and a technical drawing of a mono-pine. Motion approved 5-0.
It was noted the next meeting the issue could be discussed would be July 23, 2014. Submittal deadline for the meeting would be noon on July 3, 2014. It was suggested that perhaps the next meeting could have the completeness review and the public hearing. Chairman Brawley reminded the applicants to bring large drawings that can be seen by the public.
Attorney Springer mentioned the photo study and noted it required a sign-off by the State Historic Preservation Office (SHPO). This sign-off can be a lengthy process and he was hoping the Board would accept Acadia National Park comments by the next meeting, and allow a delay of the SHPO sign-off until before building. After much discussion, Mr. Kiley noted it can be made a condition of approval.
Elect a Vice-Chairman: Mr. Hanley nominated Lili Andrews as Vice-Chairperson. Mr. Kiley seconded. Motion approved 5-0.
It was noted that Bill Hanley would act as Secretary Pro-Tem when Ms. Andrews acted as Vice-Chairperson.
It was noted that there was an application for a Planning Board position.
The date of the quarry meeting was discussed. It was noted that a review of the available dates would be reviewed and a date be decided on. Attorney Collier cautioned the Planning Board members to review the conflict of interest policy should anyone feel they could have a conflict of interest or bias.
Chairman Brawley noted she had received a letter from the Town Office regarding a meeting with the Board of Selectmen. It was noted the Board can’t make another meeting in the summer. They suggested waiting till later in the year.
Mr. Kiley moved, with Mr. Hanley seconding, to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 7:32 PM.
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