Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, July 23, 2014
Public Present
HIllard Walls, Betty A. Walls, Kevin Walls, Darrell Wilson, Bob Gashlin for AT&T, Sarah Stanley of Atlantic Landscape, John Fehlauer, Scott McFarland, Stephanie Clement, Jean Travers, George E. Davis, Marjorie Monteleon, Julianne Taylor, Jessie Greenbaum, Dick Broom, John T. Kelly for Acadia National Park, P. Andrew Hamilton for Eaton Peabody, Audra Klumb for Klumb Environmental, Mark Cook for Bay Communications, Jon Springer for Eaton Peabody
Board Members Present
David Ashmore, Chairman Ellen Brawley, Bill Hanley, Dennis Kiley, and Lili Andrews
Also present were CEO Kimberly Keene, Attorney for the Board James Collier, and Recording Secretary Heidi Smallidge.
The meeting was called to order at 6:02 p.m. by Chairman Brawley.
June 25, 2014 – Mr. Hanley requested that Page 3, Line 4 of the Minutes be revised to say “detailed drawing” rather than “technology drawing”. Ms. Andrews moved, with Mr. Kiley seconding, to approve the Minutes as amended. Motion approved 5-0.
July 9, 2014 – Ms. Andrews made several revisions to the Minutes. Ms. Andrews moved, with Mr. Hanley seconding, to approve the Minutes as amended. Motion approved 5-0.
- Conditional Use Approvals:
- Conditional Use Approval Application # 014-2014
OWNER(S): Caspar W. & Mavis H. Weinberger, Jr.
AGENT(S): Atlantic Landscape Construction Co.
LOCATION: 586 Sound Drive, Mount Desert
TAX MAP: 010 LOT(S): 174 ZONE(S): Shoreland Residential 2 (SR2) &
Resource Protection (RP)
PURPOSE: Section 3.4 – Excavation or Filling of > 150 cubic yards
SITE INSPECTION: 4:00 PM
Ms. Andrews confirmed there was adequate public notice and notice to the abutters. No conflict of interest was found. Chairman Brawley noted the voting members.
Chairman Brawley and Sarah Stanley of Atlantic Landscape attended the site visit. The property is on the shores of Babson Creek. It slopes steeply from the driveway to the water.
Ms. Stanley explained that the clients want two parking spaces at their house. They plan to cut into the slope and use the excavated materials to level the lawn on the western side of the driveway. They’d like to remove part of the driveway, removing approximately 45 cubic yards of fill, replacing it with loam and seeding the area. They also plan to install a new electrical conduit to the existing lights at the gate, which requires excavation and refill.
CEO Keene reported she had received no calls regarding the application.
The applicants plan to use what soil they can from onsite, with approximately 45 cubic yards of loam brought in for the section of driveway they remove.
Mr. Kiley moved, with Mr. Hanley seconding, to find the application complete. Motion approved 5-0.
Mr. Hanley moved, with Ms. Andrews seconding, to use the short form checklist. Motion approved 5-0.
A review of the checklist was made and a review of Section 5.9 was made. They are attached to these Minutes. It was suggested by the Planning Board to incorporate the section into the application checklist used.
Ms. Andrews moved, with Mr. Ashmore seconding, to approve the application. Motion approved 5-0.
- Conditional Use Approval Application # 015-2014
OWNER(S): Town of Mount Desert (Mount Desert Elementary School)
APPLICANT(S): Scott McFarland and Greenhouse Committee
AGENT(S): Jessie Greenbaum, Chair of Greenhouse Committee
LOCATION: 8 Joy Road, Northeast Harbor
TAX MAP: 025 LOT(S): 001 ZONE(S): Village Residential 1 (VR1)
PURPOSE: Section 3.4 – Public School (Expansion of Use)
SITE INSPECTION: 4:45 PM
It was confirmed there was adequate public notice. Notice was provided to abutters.
Mr. Hanley stated he had a conflict of interest. Ms. Andrews moved, with Mr. Ashmore seconding, to accept Mr. Hanley’s recusal. Motion approved 4-0.
Ms. Andrews moved, with Mr. Kiley seconding, to find the application complete. Motion approved 4-0.
Ms. Andrews noted she and Chairman Brawley had attended the site visit with Scott McFarland, principal of Mount Desert Elementary School and Jessie Greenbaum, chair of the school’s greenhouse committee. Leslie Mahaney was also in attendance. The site for the greenhouse was 25 feet from Joy Road, on a flat area of land. It was noted the greenhouse could not drain to the sewers. There was discussion held regarding moving the greenhouse. The applicants would not have to return to the Planning Board with change, as long as that change was minimal.
CEO Keene noted there had been no complaints, only one inquiry.
Ms. Andrews moved, with Mr. Kiley seconding, to use the short application form. Motion approved 4-0.
Ms. Andrews moved, with Mr. Kiley seconding, to approve the application.
A review of the checklist was made and is attached to these Minutes.
Motion approved 4-0.
Completeness Review Public Hearing (Cont’d 6/25/2014)
- 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
It was confirmed there was public notice.
Mark Cook of Bay Communications reported they had submitted a supplemental narrative pertaining to 6B.17-8 a-c and f-h. He explained to the Board what had been newly submitted, and explained why there was a delay in providing the geotech test. If the application were approved, the geotech testing would be performed and if it were not approved by an engineer, the project could not move forward. Mr. Cook then read through the list describing 6B.17-8 submissions a-c and f-h.
Mr. Kiley moved, with Mr. Hanley seconding, to find the application complete. Motion approved 5-0.
Andy Hamilton of Eaton Peabody reviewed the narrative submitted for the Planning Board as well as the process of discussion.
Regarding space requirements, Attorney Hamilton hoped to have further discussion regarding height and the type of pole to be used. A monopole not exceeding 125 feet has been proposed.
Further points of the application were discussed, including the following:
Regarding the size of the antenna array, the total cubic feet of antenna array will be 780 cubic feet, less than the limit of 1900 cubic feet.
Regarding lot area requirement, it was noted that minimum lot size requirement no longer needs to be met due to changes in Maine State Law. The lot size in question is approximately 11.43 acres, meeting the requirements of the Town.
Regarding setbacks, the tower is set back more than 131.25 feet from every property line, exceeding the setback requirement. Ms. Andrews asked whether building was allowed within that perimeter. Attorney Collier stated it only had to be set back from the neighbor’s property line. Setbacks for accessory buildings were adequate as well.
Regarding clustering of wireless communication towers, there are no other towers in the area.
Regarding non-accessory uses on the same lot, there are no other accessory structures other than structures that serve the tower.
Regarding setbacks from the property owner, the applicants are not seeking a waiver from property owners.
Regarding the height of the tower for aesthetic considerations and co-location, Mr. Hamilton stated there is a balance between effectiveness of the towers and scenic impact considerations. Reducing the height lowers the tower’s effectiveness. The result could be that others are not able to co-locate and additional towers could be applied for to accommodate those wanting an effective tower. It was noted there were a number of professionals available to answer any questions on the subject. Other locations already approved do not cover the location in question.
It was pointed out the applicant has sent the required notices to other wireless communication providers.
Mr. Hanley asked about the technological feasibility of co-location, and whether the applicant was implying that a certain tower design is more feasible for co-location than others. Discussion of the differences between a mono-pine and a pole as well as height ensued.
Chairman Brawley noted that maps had been provided for heights of 121’, 111’, and 101’ and they seem to be identical. Topography and the short height of the pole result in very little change in the coverage. Discussion of height and coverage ensued.
George Davis asked about the pole at The Jackson Laboratory. Mr. Hamilton stated the Town of Bar Harbor has the same height requirements as Mount Desert, terrain in the area prohibited coverage, and the area is not in the Town of Mount Desert’s jurisdiction.
Discussion of additional towers ensued. Attorney Springer theorized that additional towers will be applied for if these towers are too low to accommodate all those wishing to use them. Towers are built by independent companies who then lease space.
A review of the application checklist section 6B.17 began. The checklist is attached to this set of Minutes.
John Kelly of Acadia National Park discussed the viewshed. There were several sites where the tower was adversely visible to the Park. Discussion of tower design and height ensued.
Attorney Collier suggested that Mr. Kelly and the applicant discuss options that might alleviate Mr. Kelly’s concerns. Discussion regarding discussions between the Park and the applicant and future meetings ensued.
Ms. Andrews moved to continue the meeting to August 27, 2014. Mr. Hanley seconded. Motion approved 5-0.
Mr. Kiley moved, with Mr. Hanley seconding, to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 9:19 PM.
| 
