Development Permit DP 4757 Bangor Cellular Telephone LP Argyle Township, Penobscot County

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Development Permit DP 4757Bangor Cellular
Telephone LP Argyle Township, Penobscot County

• Commission Presentation
• October 10, 2007

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Proposal Location Plan 01 Lot 64Argyle
Township, Penobscot County
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Proposal Location
Lot 64 Plan 01Zoning M-GN
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LEASE LOT 65 ACRES
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Administrative History/Background

• Jan 1974 - BP 1104 Dwelling permitted but not a
  shed.
• 2004 2005 Forest Operations Notification
  303636 and Amendments filed by landowner, GD
  Properties for forest operations and the
  construction of a 1400 long by 20 wide land
  management road. The land management road did not
  require a permit since land management roads are
  allowed without a permit in an M-GN. At the end
  of the road, the landowner also used gravel to
  fill an approximately 40 foot by 40 foot area and
  flagged it as tower site. In addition,
  approximately 2.9 acres around the proposed tower
  site was cleared and the ground grubbed up. The
  landowner states that the road work was for land
  management and the ground work at the site was
  for a logging yard for future harvesting.
• In September of 2005, GD Properties obtained a
  Driveway/Entrance Permit from the MDOT for the
  access road. The MDOT permit stated that the use
  of the lot would be for a single family dwelling
  and is not valid for the proposed use as a
  utility facility.

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Administrative History/Background

• April 2005 - Development Permit Application DP
  4716 submitted. Withdrawn by applicant when
  discovered there was a potential subdivision
  issue.
• 2005-6 - Road constructed, tower area partially
  filled and 3 acres cleared/grubbed.
• October 2006 Development Permit Application DP
  4757 submitted. Subdivision issues were ok until
  Dec. 2006. Then finally resolved in August of
  2007.

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APPLICANTS PHOTO
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APPLICANTS PHOTO
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APPLICANTS PHOTO
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APPLICANTS PHOTO
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APPLICANTS PHOTO
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APPLICANTS PHOTO
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STAFF SITE VISIT
11/30/06 From Route 116
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STAFF SITE VISIT
11/30/06 Tower Site
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STAFF SITE VISIT
11/30/06 Tower Site
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STAFF SITE VISIT
11/30/06
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STAFF SITE VISIT
11/30/06 Tower Site
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Development Proposal

• M-GN General Management Subdistrict
• 320 Cellular Communications Tower
• 12 ft. by 20 ft. Equipment Building
• 10.26 F, 3 - Commission Approval required for
  structure of height greater than 100 feet.

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Development Proposal

• Co-location with nearby tower not feasible. 4.5
  miles is too far away to handle coverage,
  capacity and connectivity objectives.
• The tower would likely be visible from nearby
  homes and portions of the Penobscot River over
  4,500 feet from the tower.

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¾ mile radius from tower
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VISIBILITY FROM PENOBSCOT RIVER
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VISIBILITY FROM PENOBSCOT RIVER
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Review Criteria

• Utility facilities are allowed within the M-GN
  General Management Subdistrict with a permit
  10.22 A 3,c (27)
• The maximum height for non-residential structures
  is 100 feet. 10.26,F,1
• Features of buildings which contain no floor area
  such as chimneys, towers, ventilators and spires
  may exceed 100 with Commissions approval 10.26
  F, 3
• Under the provisions of Section 685-B(4) of the
  Commissions statutes, 12 M.R.S.A., the
  Commission shall approve no application, unless
  adequate provision has been made for fitting the
  proposal harmoniously into the existing natural
  environment in order to assure there will be no
  undue adverse effect specifically on surrounding
  uses and the scenic character of the area.

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Conclusions/Recommendation

• The facility will serve as a public utility, an
  allowed use with a permit in the M-GN.
• The tower may exceed the Commissions maximum 100
  foot height restriction for buildings because the
  proposed structure does not contain floor area.
• The proposal will meet the Criteria for Approval,
  12 M.R.S.A.  685-B(4) of the Commission's
  Statute.
• Therefore, staff recommends approval of
  Development Permit DP 4757.