Town of Mount Desert Planning Board Workshop
Minutes of July 8, 2009
Public Present
Chuck Bucklin
Board Members Present
Joe Tracy, James Clunan, Patti Reilly, James Bright, and Jerry Miller
Kimberly Keene, CEO, Heidi Smallidge, Recording Secretary
I. Call to Order
The meeting was called to order at 5:10 p.m. by Mr. Bright.
II. Discussion of Wind Turbine Ordinances:
It was noted the Board had received copies of the Damariscotta Wind Turbine Ordinance, and the Bar Harbor Tower Ordinance.
Mr. Bright noted he felt the Damariscotta ordinance was acceptable with few changes. He noted he would prefer an ordinance for Mount Desert to state the turbine must withstand 100 mph winds for over an hour. Mr. Miller suggested there may need to be standards for resisting gusts. He added that in a high wind turbines are turned off and not turning. Ms. Reilly noted the Damariscotta Ordinance noted roof-mounted turbines, and asked whether Mount Desert was also considering these.
Mr. Bright referred to Bar Harbor’s tower ordinance and noted they require testing to withstand ice and snow load. It’s not mentioned in the Damariscotta ordinance. Ms. Keene noted it could be added to the Damariscotta ordinance under wind testing.
Mr. Tracy cautioned the Board not to overburden the property owner with undue testing. A turbine or tower failing under the weight of snow or ice no more the Town’s responsibility than if a tree on their property broke or fell under the same circumstances. It would be the property owner’s responsibility to research their purchase to find the best equipment. Mr. Tracy suggested using more general terminology than specifics such as withstanding 100 mph winds for a certain amount of time.
Mr. Clunan wondered what type of standards existed in the State codes. Mr. Clunan suggested simply redefining them as structures. Mr. Bright agreed it would make things easier.
Mr. Tracy mentioned having discussed towers with Richard Rockefeller of Bartlett Island, and noted the Rockefellers would be interested in doing something above the tree line. Mr. Bucklin noted that would require a Change of Use Permit. Mr. Bright stated that if the tower height was set at 40 feet, they wouldn’t be able to put in anything higher. Mr. Tracy reminded the board there are costs and benefits to every decision.
Mr. Miller noted there may be times a tower needs to be higher than 40 feet to gain the same benefit others receive with a 40 foot tower.
Mr. Clunan wondered whether there were any compelling reasons not to have towers allowed.
Ms. Reilly mentioned cell phone towers impacted everyone visually, but also benefitted multiple users. Wind turbines impacted everyone visually, yet tended to benefit only the installer. She added that often their benefit does not outweigh their investment cost. Mr. Miller suggested that if turbines were not truly as much a benefit as people think, should the Town allow them at all.
Mr. Bright felt that keeping the turbine height under 40 feet would be acceptable, but he would not want to have turbines clustered on small lots. He noted banning them from densely populated areas would be necessary due to noise. Mr. Miller noted that lot size would have to be a requirement as well. Mr. Bucklin asked whether there should be wording to prohibit more than one tower or turbine per lot.
Mr. Bright wondered about setback rules, but Ms. Keene noted they would have to be no different than for a structure. Mr. Miller suggested a 40 foot setback if the Board were worried about their collapsing. The Board was in agreement that a 40 foot setback would be acceptable.
Mr. Bucklin asked whether all applications for turbines would have to come before the Planning Board. Mr. Bright felt that if the application meets the criteria and is set back appropriately every application should not have to come before the Planning Board. Ms. Keene preferred they all did. Mr. Tracy felt it might be better to have them appear at the time of application rather than after the fact when they run into trouble.
Mr. Clunan suggested considering towers as structures, restricting height and allowing the Board to exempt the height when necessary, and revise the ordinance as things progress.
It was agreed by the Board to consider wind turbines structures under the Town ordinance, using the Damariscotta definition:
“Small Wind Energy Conversion System: A wind energy conversion system consisting of a wind turbine, a tower, footings, electrical infrastructure, fence and any other associated equipment or structures. Any single small wind energy conversion system, herein defined, shall have a rated capacity of not more than 100 kilowatts and is a legal accessory use whenever situated.”
Wind Turbines would be included in Section 3.4 Permitted, Conditional, and Excluded uses by District – Allowing wind turbines within Districts SR1, SR2, SR3, SR5, RW2 & RW3 with a Conditional Use Approval by the Planning Board. Turbines would be excluded elsewhere. The board further agreed to add Footnote (N) in Section 3.5 to “Allow the Planning Board to approve systems to exceed 40 foot height requirements, provided the applicant demonstrates the need for exceeding the height limitation. It was agreed to remove “poles customarily used for the transmission of voice and/or electricity, radio towers” from the structure definition.
III. Discussion of Cell Towers:
Mr. Bucklin noted there was a high amount of community interest in better cell phone service in Mount Desert. Ms. Keene thought she had been told by a cell phone company representative that towers of 125 to 150 feet were necessary. She added that higher than 200 feet, and the town would run into FAA rulings.
Mr. Tracy stated that communication and cell phone access is necessary to attract business and residents to the area. Mr. Miller noted the Board did not have sufficient information regarding the specific needs of cell phone tower installation to make a viable decision. He suggested inviting someone in to educate the Board. Ms. Keene noted the Bar Harbor Planner, Anne Krieg, would be at the July 27th meeting. Mr. Bright suggested we collect our questions in preparation for the Planner’s visit. Mr. Tracy added the Board may also need a communications expert to talk to them as well.
Mr. Bright noted the Bar Harbor tower ordinance limits the height to 125 feet. He added the towers seemed to be permitted almost everywhere in Bar Harbor.
IV. Electromagnetic Fields:
Mr. Clunan noted the Town had received several letters voicing concern over the negative impact of electromagnetic fields emanating from certain towers in Town. Mr. Tracy felt the danger of these emissions was negligible. Mr. Miller suggested the Board would require some scientific evidence supporting all arguments before they could come to any conclusions.
V. Adjournment
Mr. Bright moved, with Mr. Miller seconding, to adjourn. Motion approved 5-0. Meeting was adjourned at 6:47.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
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