Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, August 27, 2014
Public Present
Kevin Walls, Hillard Walls, Darrell Wilson, John Fehlauer, Bob Gashlin for AT&T, Stephanie Clement for Friends of Acadia, Jean Travers, John Kelley for Acadia National Park, Dick Broom, Andrew Hamilton for Eaton Peabody, Audra Klumb for Klumb Environmental, Mark Cook for Bay Communications, Jon Springer for Eaton Peabody, Marjorie Monteleon, Chris Buczko
Board Members Present
David Ashmore, Chairman Ellen Brawley, Lili Andrews, Dennis Kiley, Meredith Randolph
Also present were CEO Kimberly Keene, Attorney for the Planning Board James W.J. Collier, Esq., and Recording Secretary Heidi Smallidge.
The meeting was called to order at 6:04 p.m. by Chairman Brawley.
July 22, 2014: Ms. Andrews presented revisions to the Minutes. There was no discussion. Voting members were noted. Mr. Kiley moved, with Mr. Ashmore seconding, to approve the Minutes as revised. Motion approved 3-0.
July 23, 2014: Ms. Andrews noted that the name “Mahaney” was misspelled. Voting members were noted. Mr. Kiley moved, with Mr. Ashmore seconding to approve the Minutes as revised. Motion approved 4-0.
Chairman Brawley noted that in the Otter Creek checklist on page 11, 6B17.3 she would like the word “structure” inserted after the word “proposed” in the section reading “the proposed will not exceed 125 feet”. Page 12 refers to “6B17.4-7”. Chairman Brawley noted the “-7“ was unnecessary. Mr. Ashmore moved, with Mr. Kiley seconding, to accept the revisions to the checklist. Motion approved 4-0.
- Conditional Use Approval Application(s)
- Conditional Us 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
This is a continuation of the July 23, 2014 Planning Board meeting. It was noted that Meredith Randolph was in attendance but would not be a voting member as she had not reviewed previous Minutes. It was confirmed there was a quorum without Ms. Randolph’s participation.
Discussion of the application checklist ensued and is attached to these Minutes.
Attorney Hamilton suggested moving the discussion to Item G and discuss the sections pertinent to Acadia National Park in order to accommodate John Kelly of Acadia National Park and Stephanie Clement of Friends of Acadia. It was noted there had been a communication from the State Historic Preservation Office indicating the SHPO would defer to Acadia National Park regarding acceptable viewsheds. Mr. Kelly stated that with regard to a letter from Acadia National Park superintendent Sheridan Steele, the applicant is in agreement with the three conditions set forth there, and he felt the monopine design that has been discussed was acceptable.
Mr. Kelly reviewed his previous concerns and the issue of the mono-pine. A lengthy discussion of height and pole design ensued. It was noted that any section of the application failing to be approved will result in the entire application failing approval.
Further review of the rest of the checklist was made. Checklist is attached to these Minutes.
Concern for flyways and birds was expressed by Marjorie Monteleon in a letter presented to the Board. Ms. Monteleon noted the tower was too close to peregrine falcon nesting areas. Mr. Kelley of the ANP felt that concerns regarding the welfare of birds were usually regarding higher towers than the one proposed. He noted ANP wildlife experts had opined that the risk for migratory birds was low. Ms. Klumb noted that there are ways to lower the risk to migrating birds and those ways have all been used by the applicant. Attorney Collier noted that radio waves are also noted as a concern in a letter from Ms. Monteleon. Mr. Kiley noted the FCC has stated the effects are inconclusive and they have made no official statement regarding them at this time. However he is aware that there is
some anecdotal evidence to the contrary. Ms. Monteleon had documents from the FCC to present to the Board. However, it was not acceptable to present new documentation to the argument at this time. Ms. Monteleon noted the documents were scientific studies regarding the effects of tower radiation on birds. She noted radiation affects all wildlife, and the documents she has with her shows the proof of it. She noted that lawsuits have forced the FCC to review the situation. The applicants preferred not to comment as they had not read the documentation. Attorney Hamilton noted that the rule of law is that the FCC makes the rules regarding towers and radiation. It cannot be a Town standard.
It was noted that any roads to the tower will require the ability for a fire truck to access the property and would have to be approved by the CEO.
After lengthy discussion and review of the application checklist, Mr. Kiley moved, with Mr. Ashmore seconding to approve the application with the following conditions:
Per the letter dated August 27, 214 from Sheridan Steele to Chairman Brawley,
The applicant shall:
- Utilize market-leading techniques to design and camouflage the tower as a “monopine” that will blend into the surrounding environment to the greatest extent feasible and is Based off an Eastern White Pine, which is characterized by asymmetrical branching.
- Reduce the height of the monopole structure to 120 feet A.G.L. and antennas to 119 feet A.G.L. as depicted in the applicant’s construction drawings by Dewberry Engineers, Inc. dated August 18, 2014, to allow for the addition of camouflaging materials up to 125 feet A.G.L.;
- Paint the entire tower and antennas, as feasible, a dark earth tone (e.g., green or brown) with a matte finish; and Arrange for the National Park Service to participate meaningfully in the design process by having the opportunity to comment on the monopine design at specified points in the process (e.g., allow and take into consideration NPS comments on 50%, 75%, and90% construction drawings).
Motion approved 4-0.
Ms. Randolph moved, with Mr. Kiley seconding, to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 9:16 pm.
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