Conditional Use Approval Application #017-2011
NAME(S): Timothy H. Gott
AGENT(S): Barry J. Hobbins, Esq.
LOCATION: 400 Pretty Marsh Road/Pasture Farm Way, Mount Desert
TAX MAP: 11 LOT: 8-1 ZONE(S): R2 & RW3
PURPOSE: Zoning Board of Appeals remand.
Land Use Zoning Ordinance of the Town of Mount Desert
** Note: All Conclusions of Law are to be read as if they are prefaced by the words “Based upon said Findings of Fact …”
SECTION 6B.17 STANDARDS FOR USES, PERMITS AND APPROVALS
FOR REVIEW BY PLANNING BOARD
6B.17 Wireless Communication Facilities:
6B.17.8 Submissions. In addition to all of the relevant Conditional Use Approval Application submission requirements, the following submissions, in a form acceptable to the Planning Board shall be required, unless waived by the Planning Board:
(g) A visual impact assessment, which shall include a photo montage, field mockup, or other techniques, shall be prepared by or on behalf of the applicant who identifies the potential visual impacts at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences and from Acadia National Park, archaeological and historic resources, including historic districts, areas and structures, specifically those listed in the National Register of Historic Places, or eligible for inclusion. The analysis of the impact on historical and archaeological resources
shall meet the requirements of the Maine State Historic Preservation Officer in his/her review capacity for the FCC. The overall analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable communications facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed communications service.
X Acceptable align="left" style="text-align:left;">1. Photographs of balloon test and photo renderings
2. Qualifications and process of contractor for visual impact assessment.
Photo renderings included views from 3 abutting residences. VOTE: Finding of Fact 4-0, Reilly Abstained
Conclusion of Law: Supplemental visual impact assessment sufficiently addresses the visual impact from the three abutting residences. Such impact is not unreasonable.
VOTE: Conclusion of Law 4-0, Reilly Abstained
FOR BOARD USE
CONDITIONAL USE PERMIT/APPROVAL
APPLICATION: # 017-2011
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
As stated on June 21, 2011:
1. Screening between compound and Pasture Farm Way to be approved by CEO prior to operation of the facility and to be maintained in good condition thereafter.
2. Prior to construction, the Town must receive satisfactory construction performance and removal bond(s).
3. The tower is to be painted medium toned gray for the lower 40 feet and left natural galvanized above.
4. FAA approval that no lights are required on the tower.
5. Generator tests are only to be conducted between the hours of 8:00am and 3:00pm.
6. Applicant is to provide document confirming address change from 9 Eastern Way to Pasture Farm Way.
Vote: 4-0, Reilly Abstained
APPLICATION
APPROVED: 1/9/2012 DENIED:
(Date) (Date)
NOTE: The holder of a Conditional Use Permit/Approval must construct and operate the approved conditional use as applied for and as represented during the permitting process to the Planning Board.
NOTE: The Land Use Zoning Ordinance requires that a Conditional Use Permit/Approval must be undertaken within one year from the date of approval, or a new permit must be obtained.
THE MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER
SIGNATURES OF ALL VOTING BOARD MEMBERS:
Ellen T. Brawley James L. Clunan
Patti Reilly Schofield Andrews
Joseph Tracy ORIGINAL SIGNATURES ON FILE
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