A.      Call To Order
The meeting was called to order at 7:00 p.m.

B.      Roll Call

Present: Phil Hunt, Chair, Beth Howe, Terry Turner, Stephen Sloan, Tom Powers

Staff:  Carla Nixon, Assistant Town Manager / Interim Town Planner, Pam Bosarge, Board Clerk

Absent:  Martha Porch, Joe Taylor

C.      Minutes of Prior Meetings
Ms. Howe moved to approve the minutes of the December 17, 2002 meeting as presented.

Mr. Powers seconded.                                VOTE:  Unanimous

D.      Election of Officers -
Ms. Porch and Mr. Hunt were nominated for Board Chair.  The item was tabled until the next meeting.

D.      Consent Calendar / Deminimus Change Approvals

Advisory recommendation - required by Section 410 of the Zoning Ordinance "Extraction of Earth Materials for a special permit from the Zoning Board of Appeals; Foreside Village, LLC, Route One, Tax Assessor Map R01, Lots 8 and 11, Pinkham Greer Consulting Engineers, Inc., applicant, Peter D. Kennedy, owner.
1.      Christopher Bolduc, Rescue Chief: Have necessary blasting permits been applied for?
2.      Adam Ogden, Public Works Director - The location of the wetlands are mapped accurately but plotted incorrectly on the plan.
3.      Barbara McPheters, Code Enforcement Officer, see memo dated January 15, 2003.
4.      Bill Shane, Gorrill Palmer : Peer Reviewer
Ms. Nixon presented background information as follows: The applicant is the Cellco Partnership d/b/a Verizon Wireless.  The agent is Amy L. Mower.  Wellman Associates, Inc. prepared the site plan.  They are seeking approval for the installation of two microwave antennas (dishes) to an existing tower facility at 159 Range Way.  The Planning Board is asked to conduct a minor site plan review under Section 206, and review for compliance with Section 433.1 Telecommunication Facilities.

DEPARTMENT HEAD REVIEWS:
Barbara McPheters:      Please see memo, dated 1/14/03 for full comments. &inspection reports have not been provided and given the 20 year age of the tower it would seem appropriate to require the reports as part of the site plan review.
Fire Chief Small:       Via email: We currently don't have the equipment to rescue a person over 75 ' in the air.  The tower is 190 ' tall, but obviously is existing and shouldn't effect the current application for two microwave antennas.
Adam Ogden:     Verbal discussion: The applicant should consider providing a conduit and other necessary equipment in order to permit the Town of Cumberland future access for public safety/public works radio communications.
Rescue Chief Bolduc:    Reviewed, no comment.
Police Chief Charron:   Reviewed, no comment.
PROJECT DESCRIPTION:
The applicant is Cellco Partnership d/b/a Verizon Wireless.  The proposal is to install two microwave dishes on an existing 190' self-supporting lattice tower at 159 Range Way.  The proposed microwave dishes consist of one 8' dish located at 120' on the tower, and one 8' dish located at 137' on the tower.  The antennas will be connected via co-axial cables to the existing equipment shelter located adjacent to the tower.
DISCUSSION:
Inspection Report: A structural report dated 9/26/02 from Sterling Engineering and Design Group indicates that the tower can adequately support the existing and proposed appurtenances. However, as pointed out by the CEO, regular inspection reports have not been provided as per Section 433.4.12.  When the applicant was asked about this, she stated that the tower owner, SBA, purchased the tower last year from AT&T and that they have no records of inspections.  Given the one-year ownership by SBA, and the current report provided, SBA should provide its next report with the next 3-4 years.  An alternative suggested by the applicant is that the study provided herein serves as that report and that the next report be provided within the next 4-5 years.  This would need to be approved by Barbara McPheters, CEO.
Municipal Access: Ms. Nixon spoke with the applicant regarding the request made by the Public Works Director and she stated that she does not have the authority to provide this access.  The town would need to ask the tower owner for space on the tower when it desires to have it.

Ms. Nixon reviewed the requirements of Section 433 with the following findings:
(a)     A report from a Registered Professional engineer in the state of Maine that describes the tower, the technical reasons for the tower design and the capacity of the tower, including the number, type, and volume of antenna that it can accommodate and the basis for the calculations

The applicant submitted a structural report dated September 26, 2002 by Sterling Engineering and Design Group prepared on behalf of Verizon Wireless indicating that the existing tower can adequately support the proposed microwave antennas.

(b)     Written approval from all applicable state and federal agencies, including but not limited to the FAA and FCC including a description of any conditions or criteria for approval, or a statement from the agency that no approval is required.

        The applicant submitted a copy of Verizon Wireless'  FCC license as well as National Programmatic Agreement Checklist prepared by the tower's owner, SBA, indicating that the tower is in compliance with FCC guidelines for   co-location.  Also provided was the FAA determination filed by the original tower owner.

(c)     A letter of intent that commits the tower owner and his successors in interest to: Respond in a timely manner to a request for co-location and negotiate in good faith

        The applicant believes that this submission requirement is not applicable to Verizon Wireless' proposed installation.  Verizon Wireless will be adding microwave dishes to their installation on an existing tower.

(d)     Proof of financial capacity to build, maintain and remove the proposed tower.

        The applicant provided information evidencing Verizon Wireless' financial capacity to build, maintain and remove its proposed installation.

(e)     An inventory of all the providers existing and approved towers, antennas or sites within the Town of Cumberland and locations in surrounding communities where wireless telecommunications are proposed to be utilized in conjunction with the facility proposed in the application.

        The applicant provided documentation from a Microwave Engineer depicting the Verizon Wireless' proposed        microwave network and the sites to be utilized in conjunction with the proposed microwave installation in Cumberland.

(f)     Photos of the site vegetation, existing and adjacent structures, views of and from      the proposed site, topography, and land uses on the proposed parcel and on abutting properties

        Photos of the site depicting existing conditions were submitted.
 
(g)     Landscaping plan reflecting location of proposed screening and fencing, planting areas, proposed plantings, existing plant materials to be retained and trees or shrubs to be removed.

        The applicant provided site plans prepared by Sebago Technics reflecting the existing vegetation. The proposed installation will be located within the existing fenced compound area, which is surrounded by existing vegetation, and located well away from existing public ways and adjacent properties.

(h)     Elevation drawings, cross-sectional area or silhouette, of the facility, drawn to scale, and showing all measurements, both linear and volumetric, showing front, sides and rear of the proposed facility including all fencing, supporting system for transmission cables running between the tower and accessory structures, control panels, antennas, and existing structures and trees.  Reference any design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

        The applicant provided site drawings including elevation drawings prepared by Sebago Technics on behalf of Verizon Wireless.

(i)     Detail of the method of attachment to a structure.  If the facility will be attached to an existing structure, provide measurements and elevations of the structure.

        The applicant submitted information sheets for the mounting attachments and microwave antennas.

(j)     A visual analysis, which may include photo montage, field mock up, or other techniques, that identifies the potential visual impacts, at design capacity, of the proposed facility.  This visual analysis shall include sufficient information for the Planning Board to determine how the proposed site will change visually.  The analyses should include before and after analyses of the site from adjacent public views and roads as well as from adjacent vantage points.  Consideration shall be give to views from public areas as well as from private residences and from archaeological and historic resources including historic districts, areas and structures, specifically, those listed in the National Register of Historic Places or those that are eligible for such listing.  The analysis of the impact on historical and archaeological resources shall meet the requirements of the Maine State Historic Preservation Officer in His review capacity for the FCC.  The overall analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable communication facilities in the area and identify and include feasible mitigation measures consistent with the technological requirements of the proposed Wireless Communication Service.

        The applicant provided photo simulations providing views of the proposed installation from surrounding         areas.  The tower, which Verizon Wireless is utilizing for the installation of two (2) microwaves, has been a part of the view shed for decades.  The size of the proposed dishes will be a negligible addition to the existing tower and will not create any further adverse visual impact.

(k)     Identify any other telecommunication facilities existing or proposed on the site.

        The applicant provided site plans prepared by Sebago Technics which include all existing installations as well as Verizon Wireless proposed installation.

(l)     Details of all accessory structures including buildings, parking areas, utilities, gates, access roads, etc.

        The applicant submitted site plans prepared by Sebago Technics which include the existing site facility.  Please note that any equipment associated with the operation of Verizon Wireless proposed microwave antennas will be placed inside Verizon Wireless existing shelter.

(m)     Structural Requirements:

Telecommunication towers shall be designed and installed in accordance with the most current standards of the Electronic Industries Association (EIA) Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.

Verizon Wireless is co-locating on an existing tower. Therefore this standard does not apply.

The applicant's engineer shall provide documentation showing that the proposed transmission tower meets or exceeds the most current standards of the American National Standards Institute ANSI/SIA/TIA 22 for Cumberland County relative to wind and ½ ice loads when the tower is fully loaded with antennas, transmitters, and other equipment as described in the submitted plan.

The applicant submitted a structural report which was prepared with the above mentioned standards on behalf of Verizon Wireless.

For towers or antennas placed on buildings or alternative tower structures (ATS), the applicant shall also provide written certification that the building or ATS itself is structurally capable of safely supporting the tower for antennas and their accompanying equipment.

Verizon Wireless is installing on an existing tower not a building or alternative tower structure. Therefore this requirement is not applicable to the proposed installation.

Section 433.4 Space and Bulk Standards

        b. (2)(b) The aggregate diameters of microwave dish antennas mounted within a 20' vertical section of a tower may not exceed 24 with no single dish being more than 8 in diameter and 5' in depth, unless otherwise required per the path reliability and/or tower structural analysis.

        As pointed out by the Town's peer reviewer, Bill Shane, there appears to be a typographical error in the ordinance.  It is assumed that it was the Towns intention to restrict the aggregate diameter of microwave dishes in a 20' vertical section to not exceed 24' as opposed to 24 as stated in the Ordinance.  Likewise, it is assumed that the         single dish diameter was to read 8' in diameter as opposed to 8 as stated in the Ordinance since microwave antennas are not manufactured in such a small diameter.

        The aggregate diameter of microwave antennas within a 20' vertical section increases to maximum of 28' with the installation of Verizon Wireless' proposed microwave dishes due to existing microwave dishes located on the    tower.  Enclosed please find correspondence from Gary Wester, Microwave Engineer for Verizon Wireless attesting to the necessity of the proposed microwaves to be mounted at the above mentioned heights as well as a path study prepared when determining the required heights.

The Planning Board reviewed the proposed findings of fact with the following findings:
.1      Utilization of the Site
Utilization of the Site - The plan for the development, including buildings, lots, and support facilities, must reflect the natural capabilities of the site to support development. Environmentally sensitive areas, including but not limited to, wetlands, steep slopes, floodplains, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, and sand and gravel aquifers must be maintained and preserved to the maximum extent. The development must include appropriate measures for protecting these resources, including but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.
This proposal is two add to 8 dishes to an existing tower.  There will be no site work done in sensitive areas.
Based on these facts the standards of this section have been met.
.2      Traffic Access and Parking
Vehicular access to and from the development must be safe and convenient. Driveways must be designed to provide the minimum site distance according to MDOT standards. Access and egress must be located to avoid hazardous conflicts.
There are no proposed changes to the access and parking.
Based on these facts the standards of this section have been met.
.3      Access way Location and Spacing
Access must meet the specific ordinance requirements.
        There is no proposed change to the location and spacing of the site.
Based on these facts the standards of this section have been met.
.4      Internal Vehicular Circulation
The layout of the site must provide for the safe movement of passenger, service, and emergency vehicles through the site.
        There is no proposed change to the layout of the site.
Based on these facts the standards of this section have been met.
.5      Parking Layout and Design
Off street parking must conform to the specific standards.
There is no anticipated demand for additional parking and no changes have been proposed.
Based on these facts the standards of this section have been met.
.6      Pedestrian Circulation
The site plan must provide for a system of pedestrian ways within the development appropriate to the type and scale of development. This system must connect the major building entrances/ exits with parking areas and with existing sidewalks, if they exist or are planned in the vicinity of the project. The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in open space or recreation areas. The system must be designed to link the project with residential, recreational, and commercial facilities, schools, bus stops, and existing sidewalks in the neighborhood or, when appropriate, to connect the amenities such as parks or open space on or adjacent to the site.
There are no proposed changes to the site, which would affect pedestrian circulation or safety.
Based on these facts the standards of this section have been met.
.7      Stormwater Management
Adequate provisions must be made for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other surfaces, through a stormwater drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.
There will be no additional impact on stormwater.  A waiver has been requested.
Based on these facts the standards of this section have been met.
.8      Erosion Control
.1      All building, site, and roadway designs and layouts must harmonize with existing topography and conserve desirable natural surroundings to the fullest extent possible, such that filling, excavation and earth moving activity must be kept to a minimum. Parking lots on sloped sites must be terraced to avoid undue cut and fill, and / or the need for retaining walls. Natural vegetation must be preserved and protected wherever possible.
.2      Soil erosion and sedimentation of watercourses and water bodies must be minimized by an active program meeting the requirements of the Maine Erosion and Sediment Control Handbook for Construction:  Best Management Practices, dated March 1991, and as amended from time to time.
There is no site work proposed which would require erosion control measures to be taken.
Based on these facts the standards of this section have been met.
.9      Water Supply Provisions
The development must be provided with a system of water supply that provides each use with an adequate supply of water. If the project is to be served by a public water supply, the applicant must secure and submit a written statement from the supplier that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source of distribution system, and will be installed in a manner adequate to provide needed domestic and fire protection flows.
There are no changes proposed for water supply.
Based on these facts the standards of this section have been met.
.10     Sewage Disposal Provisions
The development must be provided with a method of disposing of sewage which compliance with the State Plumbing Code. If provisions are proposed for on-site waste disposal, all such systems must conform to the Subsurface Wastewater Disposal Rules.
There is no new plumbing proposed and no increase in the demand for sewage disposal.
Based on these facts the standards of this section have been met.
.11     Utilities
The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be screened from view to the extent feasible. If the service in the street or on adjoining lots is underground, the new service must be placed underground.
The current electrical service is sufficient for the expanded use.
Based on these facts the standards of this section have been met.
.12     Groundwater Protection
The proposed site development and use must not adversely impact either the quality or quantity of groundwater available to abutting properties or to the public water supply systems. Applicants whose projects involve on-site water supply or sewage disposal systems with a capacity of two thousand (2,000) gallons per day or greater must demonstrate that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Maine.
The proposed activity will not impact groundwater.
Based on these facts the standards of this section have been met.
.13     Water Quality Protection
All aspects of the project must be designed so that:
.1      No person shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxious, toxicity, or temperature that may run off, seep, percolate, or wash into surface or groundwaters so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.
.2      All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials, must meet the standards of the Maine Department of Environmental Protection and the State Fire Marshall's Office.
No toxic materials will be created from this use.
Based on these facts the standards of this section have been met.
.14     Capacity of the Applicant
The applicant must demonstrate that he / she has the financial and technical capacity to carry out the project in accordance with this ordinance and the approved plan.
The applicant has provided proof of technical and financial capacity.
Based on these facts the standards of this section have been met.
.15     Historic and Archaeological Resources
If any portion of the site has been identified as containing historic or archaeological resources, the development must include appropriate measures for protecting these resources, including but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.
No portion of the site has been identified as containing such resources.
Based on these facts the standards of this section have been met.
.16     Floodplain Management
If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with the Town's Floodplain management provisions.
The property is located in the Floodplain Overlay Zone Careas of minimal flooding (Community-Panel Number 230162 0018 C) No special precautions are necessary in Zone C.
 Based on these facts the standards of this section have been met.
.17     Exterior Lighting
The proposed development must have adequate exterior lighting to provide for its safe use during nighttime hours, if such use is contemplated. All exterior lighting must be designed and shielded to avoid undue glare, adverse impact on neighboring properties and rights - of way, and the unnecessary lighting of the night sky.
No new exterior lighting is proposed. A waiver is being requested.
Based on these facts the standards of this section have been met.
.18     Buffering of Adjacent Uses
The development must provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for the screening of mechanical equipment and service and storage areas. The buffer may be provided by distance, landscaping, fencing, changes in grade, and / or a combination of these or other techniques.
Based on the type of use, buffering of the dishes is not feasible.
Based on these facts the standards of this section have been met.
.19     Noise
The development must control noise levels such that it will not create a nuisance for neighboring properties.
The proposal will not generate any noise that would be audible to neighboring properties.
Based on these facts the standards of this section have been met.
.20     Storage of Materials
.1      Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals or other articles of salvage or refuse must have sufficient setbacks and screening (such as a stockade fence or a dense evergreen hedge) to provide a visual buffer sufficient to minimize their impact on abutting residential uses and users of public streets.
.2      All dumpsters or similar large collection receptacles for trash or other wastes must be located on level surfaces which are paved or graveled. Where the dumpster or receptacle is located in a yard which abuts a residential or institutional use or a public street, it must be screened by fencing or landscaping.
.3      Where a potential safety hazard to children is likely to arise, physical screening sufficient to deter small children from entering the premises must be provided and maintained in good condition.
This proposal does not generate any additional storage of materials outside. It will not increase solid waste disposal.
Based on these facts the standards of this section have been met.
.21     Landscaping
Landscaping must be provided as part of site design. The landscape plan for the entire site must use landscape materials to integrate the various elements on site, preserve and enhance the particular identity of the site, and create a pleasing site character. The landscaping should define street edges, break up parking areas, soften the appearance of the development, and protect abutting properties.
There is no new landscaping needed.  A waiver has been requested.
Based on these facts the standards of this section have been met.
.22     Building and Parking Placement
.1      The site design should avoid creating a building surrounded by a parking lot. Parking should be to the side and preferably in the back. In rural, uncongested areas buildings should be set well back from the road so as to conform with the rural character of the area. If the parking is in front, a generous, landscaped buffer between road and parking lot is to be provided. Unused areas should be kept natural, as field, forest, wetland, etc.
.2      Where two or more buildings are proposed, the buildings should be grouped and linked with sidewalks; tree planting should be used to provide shade and break up the scale of the site. Parking areas should be separated from the building by a minimum of five (5) to ten (10) feet. Plantings should be provided along the building edge, particularly where building facades consist of long or unbroken walls.
There is no increase or change in location of the existing parking.
Based on these facts the standards of this section have been met.

SECTION 300  AQUIFER PROTECTION (if applicable)
The use is not located in the Aquifer Protection district.

Ms. Amy Mower, Wellman Associates reviewed the proposal and gave an overview of the need to add two microwave antennas to the existing tower.

Mr. Hunt stated the Board has had a number of presentations on the tower and agreed the inspection report was the responsibility of the tower owner.

Ms. Howe moved to approve the findings of fact as presented.

Mr. Powers stated the Town should peruse the inspection records and the Towns requirement for radio coverage should not be a condition for this tenant.

Ms. Howe moved to grant Minor Site Plan Review and Section 433 Telecommunications Facilities Review to Cellco partnership d/b/a Verizon Wireless with the standard and proposed conditions of approval, for an equipment upgrade on an existing telecommunications facility, at 159 Range Way, Tax Assessor Map R03B, Lot 19.   The submissions in conjunction with previous applications were adequate to grant the waivers requested.  

Mr. Powers seconded.                         VOTE:  Unanimous

Waivers granted:
206.7.3.10: Location, dimensions and lighting of signage.
206.7.4.1: Water supply and sewage disposal.
206.7.4.2: Surface water drainage.
206.7.4.3: Solid waste disposal.
206.7.4.5: Landscaping and buffering.
206.7.4.7: Location of signs.
206.7.4.8: Location and type of lighting.
206.7.4.11: Traffic estimates.
206.7.4.12: Stormwater calculations.
               
This approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant.  Any variation from the plans, proposals and supporting documents, except deminimus changes as so determined by the Town Planner which do not affect approval standards, is subject to review and approval of the Planning Board prior to implementation.
1.      Implementation of the proposal shall comply with any additional requirements of the planning board.
2.      That all fees are paid.

The Board discussed the requirement of Tower inspections.

Ms. Nixon stated the Ordinance was adopted in 1999 and technically the applicant was not out of compliance.

3.      Discussion  - Zoning Amendments for Sections 403 Backlots, 421, Road Construction and 501.1 Non-conforming building of the Cumberland Zoning Ordinance.

Ms. Nixon stated the Board of Adjustment and Appeals generated these requests and are a result of the workshop that was held with the Planning Board.

Ms. McPheters, Code Enforcement Officer stated the Planning Board and Board of Appeals had reviewed the proposed changes to Section 403 and 421 at a previous workshop.  Some minor changes have been made to reflect the concerns from the Boards and the Public Works Director.  The proposed change for Section 501.1 was initiated from the Board of Appeals and has not been previously discussed with the Planning Board.  The revision is similar to the setback overlay change which states that the setbacks shall be the lesser of the distance from the existing building to the nearest property line& and would allow for additions that are equal to or less than the current setback invasions for non-conforming buildings.  This as written would affect all properties and zoning districts.  It would allow infill construction if the non-conformity were not increased on a building, and allow property owners the opportunity to modernize without the need for a variance.

Ms. Howe stated the language for Section 421.3 was unclear.

Ms. McPheters explained that the traveled portion of the private street should be located in a manner in which there maintains an undeveloped portion next to existing structures.

Mr. Hunt asked if they were proposing to have a buffer on the undeveloped part of the private street.  He agreed the language was unclear.

Mr. Turner asked if the change was for non-conforming use or non-conforming buildings.

The Board requested the language for Section 501.1 be clarified.

F.      Administrative Matters

Ms. Nixon asked about Board members availability for February 18^th during school vacation.  The Board stated the date would be fine; Ms. Howe will be away for February.

Workshop Date - The Board agreed February 18, before the next meeting would be a good time for a workshop with the Council regarding the Route One-Design Guidelines and sprinklers.

Mr. Hunt asked about the Fire Chief's position on sprinklers.

Ms. Nixon stated he teaches building construction courses at SMTC.  He feels the staples used for most construction fail quicker than nails, the framing becomes unstable within seven to nine minutes.  The Council has been approached with the fairness of requiring sprinklers for subdivisions, but not all new construction.

Adjournment:  8:25 p.m.

A TRUE COPY ATTEST:



____________________________                  _________________________
Philip C. Hunt, Board Chair                          Pam Bosarge, Board Clerk