PLANNING BOARD
Gardiner Planning Board November 19, 2003
City of Gardiner, Maine Regular Monthly meeting 6:00 PM
ROLL CALL
Present: James Montell Pat Hart Deborah Willis Allie Vigue
Pamela Mitchel
Absent: Susan Crawford, Edward Lawrence, Bob Moody, Alternate
Also Present: Jeffrey Hinderliter, Planner/CEO
Dorothy Morang, Planning Board Recording Secretary
Thomas Welch, A T & T Wireless
Heather Castagnaro, A T & T Wireless Rakech Goel, Bechtel Telecom
1.) Meeting called to order by Chair Montell at 6:13 PM
2.) Roll call taken.
3.) Chair passed on this item to next regularly scheduled meeting.
4.) Chair Montell removed Item # 3 from the agenda.
6:16 PM Pam Mitchel arrived.
Chair Montell asked the Board members if any of them felt that they could not avoid the Appearance of Impropriety with respect to this Application.
Chair Montell said that he is a shareholder presently and is in the process of buying additional stock. He is asking to be excused and would ask another Board member to chair the meeting through this item and, although he will participate in the discussion, he will abstain from the vote.
Deborah Willis made a motion to nominate Pat Hart as Acting Chair. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
The Planner/Code Enforcement Officer (CEO), Jeffrey Hinderliter asked to give an explaination of the updated memo he provided Board members today. He indicated that it is divided into two parts: 1.) a general overview of the project and Waivers, and 2.) General Telecommunication Facility Comments.
6:21 PM Allie Vigue arrived.
Jeffrey continued and explained that waiver request should be voted on individually, that Board members may cross-reference City Code with the Applicant s Performance Standards and Jeffrey reminded the Board members that they cannot waive Performance Standards.
Acting Chair Hart asked the Applicant to identify himself and to describe the project.
Thomas Welch, representing A T & T, Wireless, Inc., gave a description of the project. He said that they propose to co-locate six low profile antennas at a 125 level and to run cables from the antennas to a power cabinet (6 x4 x2 ). These antennas are proposed to be located on an existing tower owned by Crown Tower on the Libby Hill Road. Mr. Welch indicated that different communities vary on the submission of waivers and he would be happy to withdraw the waiver requests if the Board members would accept it. He indicated the reason they had asked for the waivers is that the Ordinance talks about new towers only, that the new tower must provide for co-location, but there isn t much guidance about co-location on an existing tower.
Rakish Goel of Bechtel Telecom explained the benefit of the additional antennas - the gap coverage and additional coverage the antennas will provide.
Thomas Welch introduced Hather Castagnaro as the project Site Development Specialist.
Acting Chair Hart asked if their had been any comments received reference this proposal. Jeffrey Hinderliter indicated that an abutter had come in to the office to inquire about which of the two parcels that he owned did the proposal involve. It was not the one the abutter had concerns about and he left without comment.
6:42 PM meeting closed for public comment.
Jeffrey Hinderliter sited two conditions he has recommended that would apply to this proposal. 1.) Adequate Erosion Control measures shall be installed prior to the commencement of construction and remain until the site is stabilized (Section 5, Article Q. 9.) and 2.) Applicant/Agent shall submit documentation in accordance with Section 3, Article BB. 3. b. to the Gardiner Planner on or before December 18, 2003. Jeffrey also noted that the Applicant had indicated in the Site Plan Review Criteria that Stormwater Management (Section 5, Article Q. 8.) was not applicable and that he felt that it was.
The Acting Chair read each of the waiver requests and asked for a vote on each of them as to whether or not they were applicable.
Waiver # 1.
Allie Vigue made a motion that Item 1 in the Memo was not applicable. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Waiver # 2.
Allie Vigue made a motion that Waiver # 2 is not applicable. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Waiver # 3.
Pam Mitchel noted that Waiver # 3 in the CEO s Memo siting Section 5, Article 6. H. a. as the reference, is incorrect. It should be Article H. 6. a. The Planning Board found all numbers and letters were reversed within the CEO s November 19, 2003 Memo, Exhibit 1. Acting Chair Hart stated the corrected Section and Article numbers for Waivers 1 & 2 as referenced in Exhibit 1 of the November 19, 2003 CEO/Planner s Memo.
Allie Vigue made a motion that Waiver # 3 was not applicable. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Acting Chair Hart read each of the Applicant s responses to Review Criteria A through T and after the opportunity for discussion, the Board members voted on each one of them individually.
Review Criteria A.
Deborah Willis moved to accept Review Criteria A with the CEO s recommended conditions: 1.) Applicant/Agent shall submit documentation in accordnce with Section 3, Article BB. 3. b. to the Gardiner Planner on or before December 18, 2003; 2.) Adequate erosion control meassures shall be installed prior to the commencement of construction and remain until site is stabilized. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria B.
Deborah Willis moved to accept Review Criteria B as written. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria C.
Pam Mitchel moved to accept Review Criteria C with Applicants modification of vehicle access 1 2 times a month rather than not applicable. Allie Vigue seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria D.
Deborah Willis moved to accept Review Criteria D as explained by the Applicant. Allie Vigue seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria E.
Pam Mitchel moved to accept Review Criteria E as explained by Applicant as not applicable. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria F.
Pam Mitchel moved to accept Review Criteria F as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria G.
Deborah Willis moved to accept Review Criteria G making note of the information provided by the CEO/Planner that the facility will not impact stormwater as it is unmanned. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria H.
Deborah Willis moved to accept Review Criteria H as verbally agreed upon by the Applicant to provide hay bales or silt barriors as needed. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria I.
Pam Mitchel moved to accept Review Criteria I as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria J.
Deborah Willis moved to accept Review Criteria J as recommended by the Applicant. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria K.
Pam Mitchel moved to accept Review Criteria K as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria L.
Pam Mitchel moved to accept Review Criteria L as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria M.
Pam Mitchel moved to accept Review Criteria M as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria N.
Pam Mitchel moved to accept Review Criteria N as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria O.
Pam Mitchel moved to accept Review Criteria O as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria P.
Pam Mitchel moved to accept Review Criteria P as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria Q.
Deborah Willis moved to accept Review Criteria Q as explained by the Applicant. Allie Vigue seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria R.
Pam Mitchel moved to accept Review Criteria R as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria S.
Pam Mitchel moved to accept Review Criteria S as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Review Criteria T.
Pam Mitchel moved to accept Review Criteria T as not applicable.. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
Acting Chair Hart read the Findings of Fact.
Pam Mitchel made a motion to approve the Application with the conditions that the CEO/Planner recommended and are contained in the Findings of Fact and have been clarified that the plan in condition 1 be submitted to the Gardiner Planner: 1.) Applicant/Agent shall submit documentation in accordnce with Section 3, Article BB. 3. b. to the Gardiner Planner on or before December 18, 2003; 2.) Adequate erosion control meassures shall be installed prior to the commencement of construction and remain until site is stabilized. Allie Vigue seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
3.) Item #3 returned to the Agenda.
Pam Mitchel noted that there were 2 adjourn times and motions in the October 15, 2003 Minutes. A review of the handwritten notes by the Recording Secretary indicated that first time and motion was the correct one. A correction was made.
Pam Mitchel made a motion to accept the October 15, 2003 Minutes as corrected. A Planning Board member seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (James Montell). Motion passed.
James Montell thanked Pat Hart for an outstanding job and the CEO for providing all of the information.
OTHER BUSINESS
None
5.) ADJOURN
Allie Vigue made a motion to adjourn. Pam Mitchel seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned 7:33 PM
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