6 Church Street, Gardiner, Maine 04345 James Montell, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board May 31, 2005
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart James Montell Deborah Willis Pamela Mitchel
Absent: Edward Lawrence Bob Moody, Alternate
Also Present: Barbara McPheters, Code Enforcement Officer (CEO)
Dorothy Morang, Planning Board Recording Secretary
Bill Biscone Cal Brown Dan McGrath
Bernard Taylor Daniel Bailey Nathan Mitchell
Scott Kaufman Arlene Emery-Kaufman
Thomas Minchen David Fuller David Wood
1.) Deborah Willis called the meeting to order at 6:04 PM and made a motion to appoint Pat Hart as Acting Chair. Pam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Acting Chair Pat Hart called the meeting to order at 6:04 PM.
Roll call taken.
3.) Pam Mitchel made a motion to accept the May 18, 2005 minutes as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
NEW BUSINESS
PUBLIC HEARING – Site Plan Approval
4.) Site Plan Review for a Wireless Telecommunications Facility by Rural Cellular Corporation Atlantic d/b/a Unicel, Inc., to be located in the steeple at the First Baptist Church of Gardiner. The property, located at 51 Church Street, is identified on City Tax Map 34, Lot 136 in the High Density Residential Zoning District.
Bill Biscone introduced himself as a consultant for Unicel Wireless Telecommunications and indicated that they are proposing to mount 2 antennas, 6’ tall x 1” diameter in the steeple of the First Baptist Church of Gardiner. All the wires and other equipment will be in the steeple. They hope to provide service to the downtown area where existing sites do not cover. It will be unmanned and make no more noise than a home computer. A field technician will visit every 6 – 8 weeks to check the equipment. The visit will take from 15 – 90 minutes and they will park in the existing driveway. They plan to use the existing telephone and power from the church. There will be no construction. The antennas will be painted to match the color of the steeple. The Maine
Historic Preservation Commission gave them permission to go ahead with this project.
6:14 PM open the meeting to the public.
Nathan Mitchell who lives near the church had three concerns. The first one was if there are any health issues. 2. Will it effect his television? 3. Will it effect his landline phone?
Bill Biscone addressed the issues. 1. It is newer technology and there are no health issues. It emits radio waves, not radiation. 2. & 3. It will not effect his television or telephone. He has a FCC license for this frequency and no one else can use this frequency.
David Wood, Pastor of the church, said they have discussed this with the church and they are very comfortable with this.
6:20 PM closed meeting to public.
Barbara McPheters, Code Enforcement Officer (CEO), indicated that there had been no written comment, only a telephone call from Nathan.
Jim Montell asked where else in ME has Unicel installed this type in a church? Bill said none in ME, but in MA & CT. Jim asked if there had been any negative feedback from these other sites. Bill said there are always concerns, so they need to be careful to inform the public and they have to go through a lot with the government to get approval. They try to have the least impact as possible. There are always concerns from the church and neighborhood, but there has been nothing negative in their other projects. They try to give information to answer the concerns.
Acting Chair Hart read through the application and Board members reviewed it for completeness. They asked that the Applicant provide a copy of the deed. They also asked if there would be any signs. Bill said only a tag with his FCC License # on it if the church wanted it and it would be within the steeple. Pat Hart asked about disposing of the equipment. Bill said they probably would swap it out in 5 – 6 years but would take any equipment with them. The Board determined that the Application is complete.
Acting Chair Hart read through each of the Applicant’s responses to Performance Standards and each one was voted on individually by Board members.
Section 3, Performance Standards:
Pam Mitchel made a motion that Performance Standard A has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard B does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard C does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard D does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard E does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard F does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard G does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
H. Pam Mitchel made a motion that Performance Standard H does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard I does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard J does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard K does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard L does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard M does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard N does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard O does not apply. Deborah Willis seconded the motion
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard P does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Q does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard R does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard S does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard T does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard V does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard W does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard X does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Y does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Z does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard AA does not apply.
Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
BB.3 Pam Mitchel made a motion that Performance Standard BB 3.a. has been
met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3. b. has been
met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3.c. has been
met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3. d. has been
met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3.e. has been
met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3. f. is not applicable. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3. g. has been
met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3. h. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3. i. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 3. j. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
BB 4 Pam Mitchel made a motion that Performance Standard BB 4.a. has been
Amended and has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4. b. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4.c. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4. d. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4.e. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4. f. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4.g. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4. h. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4.i. has been
met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4. j. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB 4. k. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
BB 5 Pam Mitchel made a motion that Performance Standard BB 5 a. 1 - 4 does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
BB 6 Pam Mitchel made a motion that Performance Standard BB 6. a, b & c. does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
CC Pam Mitchel made a motion that Performance Standard CC does not apply.
Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Acting Chair Hart read the Applicant’s response to each of the Review Criteria and Board members voted on each of them individually.
Section 5, Q.
1A Pam Mitchel made a motion to accept Review Criteria 1A as written. Deborah Willis
seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Board members decided to skip Review Criteria 1B & 2 for now.
Pam Mitchel made a motion that we accept Review Criteria 3 as written by the
Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
4. Pam Mitchel made a motion that we accept Review Criteria 4 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
5. Pam Mitchel made a motion that we accept Review Criteria 5 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
6. Pam Mitchel made a motion that we accept Review Criteria 6 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
7. Pam Mitchel made a motion that we accept Review Criteria 7 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
8. Pam Mitchel made a motion that we accept Review Criteria 8 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
9. Pam Mitchel made a motion that we accept Review Criteria 9 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
10. Pam Mitchel made a motion that we accept Review Criteria 10 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
11. Pam Mitchel made a motion that we accept Review Criteria 11 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
12. Pam Mitchel made a motion that we accept Review Criteria 12 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
13. Pam Mitchel made a motion that we accept Review Criteria 13 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
14. Pam Mitchel made a motion that we accept Review Criteria 14 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
15. Pam Mitchel made a motion that we accept Review Criteria 15 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
16. Pam Mitchel made a motion that we accept Review Criteria 16 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
17. Pam Mitchel made a motion that we accept Review Criteria 17 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
18. Pam Mitchel made a motion that we accept Review Criteria 18 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
19. Pam Mitchel made a motion that we accept Review Criteria 19 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
20. Pam Mitchel made a motion that we accept Review Criteria 20 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
21. Pam Mitchel made a motion that we accept Review Criteria 21 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
2. Review Criteria 2.
Pam Mitchel made a motion that we accept Review Criteria 2 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
1. b Review Criteria 1B
Pam Mitchel made a motion that we accept Review Criteria 1B as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve this Application. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
5.) PUBLIC HEARING
Site Plan Review for a Tanning Salon by Hazel Ferland, owner of Sunspot Tanning Salon. The property, located at 73 Cobbossee Avenue, is identified on City Tax Map 22, Lot 35A in the Planned Development/Shoreland Overlay Zoning District.
Applicant is not present. The Applicant had shown up at the previous meeting on May 18, 2005 and was informed that her application would be heard at the next meeting, May 31, 2005 rather than May 25, 2005 as originally scheduled. The Board was informed that Hazel Ferland’s courtesy notification of the meeting was received back at City Hall early on the day of the meeting due to an address change for Hazel. Upon receipt, Dorothy immediately called Hazel to remind her of the meeting and left a message on her answering machine. Barbara McPheters also called Hazel and the individual who answered said that he did not think Hazel was planning to attend the meeting tonight.
7:20 PM Acting Chair Hart called for a break to research what action to take.
7:23 PM Meeting resumed.
Barbara McPheters noted that the Ordinance, in Chapter 5, referencing public hearings, requires that either the applicant or representative be present in order for the application to be considered. Neither the Applicant nor a representative was present.
Barbara McPheters was going to contact the Applicant to determine whether she planned to be on the agenda for June 15, 2005 meeting.
6.) Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Meeting adjourned at 7:27 PM.
| 
