Findings of Fact and Decision

Town of Wales, Maine, Planning Board

Site Plan Review Public Hearing

October 14, 2002

AT&T Wireless Services, Inc. application for proposed co-location of antennas and equipment

at Strong Signals Tower, 262 Oak Hill Road

SITE PLAN APPROVAL GRANTED:

Applicant AT&T Wireless Services (“AWS”) appeared before the Town of Wales Planning Board on October 14, 2003 to be heard on its application for approval to install six (6) panel antennas on an existing ATC tower located at 262 Oak Hill Road.

After notice and public hearing, the Planning Board hereby finds that Applicant’s proposal and application complies with the applicable requirements of the Wireless Telecommunications Facilities Siting Ordinance of the Town of Wales, and hereby APPROVES Applicant’s Site Plan Review Application, including requests for waivers, with the condition noted herein, as follows:

SECTION 3 PURPOSE

Applicant’s proposal complies with this provision. The proposal complies with all applicable ordinances of the Town of Wales; fairly and responsibly protects the public health, safety and welfare of the Town of Wales; is a co‑location of wireless telecommunications facilities; minimizes visual impact on the community; and allows the Town of Wales to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development.

SECTION 4 APPLICABILITY

Applicant’s proposal does not qualify as an exemption to the Wireless Telecommunications Facilities Siting Ordinance of the Town of Wales.

SECTION 5 REVIEW AND APPROVAL AUTHORITY

5.1 Approval Required

No person shall construct or expand a wireless telecommunications facility without approval of the Planning Board (PB) as follows:

A. Expansion of an Existing Facility and Co‑location. Approval by the PB is required for any expansion of an existing wireless telecommunications facility; accessory use of an existing wireless telecommunications facility; or co‑location on an existing wireless telecommunications facility.

Applicant has complied with this provision.

SECTION 6 APPROVAL PROCESS

6.1 Pre‑application Conference

Applicant’s request for a waiver of this provision is GRANTED.

6.2 Application

All persons seeking approval of the PB under this Ordinance shall submit an application as provided below. The CEO shall be responsible for ensuring that notice of the application has been published in a newspaper of general circulation in the community.

Application for Planning Board Approval. An application for approval by the PB must be submitted to the CEO. The application must include the following information:

1. Documentation of the applicant's right, title, or interest in the property on which the facility is to be sited, including the name and address of the property owner and applicant.

Applicant has complied with this provision.

2. A copy of the FCC license for the facility, or a signed statement from the owner or operator of the facility attesting that the facility complies with current FCC regulations.

Applicant has complied with this provision.

3. A USGS 7.5 minute topographic map showing the location of all structures and wireless telecommunications facilities above one hundred fifty (150) feet in height above ground level, except antennas located on roof tops, within a five (5) mile radius of the proposed facility, unless this information has been previously made available to the Town of Wales. This requirement may be met by submitting current information (within thirty (30) days of the date the application is filed) from the FCC Tower Registration Database.

Applicant’s request for a waiver of this provision is GRANTED.

4. A Site Plan:

a. prepared and certified by a professional engineer registered in the State of Maine indicating the location, type, and height of the proposed facility, antenna capacity, on‑site and abutting off‑site land uses, means of access, setbacks from property lines, and all applicable American National Standards Institute (ANSI) technical and structural codes;

Applicant has complied with this provision.

b. certification by the applicant's Radio Frequency Engineer that the proposed facility complies with all FCC standards for radio emissions is required; and

Applicant has complied with this provision.

c. a boundary survey for the project performed by a land surveyor licensed by the State of Maine.

Applicant’s request for a waiver of this provision is GRANTED.

5. A scenic assessment, consisting of the following:

Elevation drawings of the proposed facility, and any other proposed structures, showing the height above ground level;

Applicant has complied with this provision.

A landscaping plan indicating the proposed placement of the facility on the site; location of existing structures, trees, and other significant site features; the type and location of plants proposed to screen the facility; the method of fencing; the color of the structure; and the proposed lighting method.

Applicant’s request for a waiver of this provision is GRANTED.

Photo and computerized simulations of the proposed facility taken from perspectives determined by the PB, or their designee, during the pre‑application conference. Each photo must be labeled with the line of sight, elevation, and with the date taken imprinted on the photograph. The photos must show the color of the facility and method of screening.

Applicant has complied with this provision.

d. A narrative discussing:

1. the applicant's analysis of the tower's impact on scenic values,

2. the tree line elevation of vegetation within one hundred (100) feet of the facility, and

3. proposed methods to minimize adverse visual impacts on scenic values.

Applicant has complied with this provision.

6. A written description of how the proposed facility fits into the applicant's telecommunications network. This submission requirement does not require disclosure of confidential business information.

Applicant has complied with applicable portions of this provision.

Applicant’s request for a waiver of the applicable portion of this provision is GRANTED.

8. Identification of districts, sites, buildings, structures or objects, significant in American history, architecture, archaeology, engineering or culture, that are listed, or eligible for listing, in the National Register of Historic Places (see 16 U. S. C. 470w(5); 36 CFR 60 and 800.

Applicant’s request for a waiver of this provision is GRANTED..

9. A signed statement stating that the owner of the wireless telecommunications facility and his or her successors and assigns agree to:

a. respond in a timely, comprehensive manner to a request for information from a potential co‑location applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response;

b. negotiate in good faith for shared use of the wireless telecommunications facility by third parties;

c. allow shared use of the wireless telecommunications facility if an applicant agrees in writing to pay reasonable charges for co‑location;

d. require no more than a reasonable charge for shared use, based on community rates and generally accepted accounting principles. This charge may include but is not limited to a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction, financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. The amortization of the above costs by the facility owner shall be accomplished at a reasonable rate, over the useful life span of the facility.

Applicant’s request for a waiver of this provision is GRANTED.

10. A form of surety approved by the PB to pay for the costs of removing the facility if it is abandoned.

This Board’s decision is CONDITIONED upon the Applicant providing a bond or surety in a form that is satisfactory to the Planning Board.

11. Evidence that a notice of the application has been published in a local newspaper of general circulation in the community.

Applicant has complied with this provision.

SECTION 7: STANDARDS OF REVIEW

7.1 Planning Board Approval Standards

Applicant has complied with this provision.

B. Design for Co‑location. A new wireless telecommunications facility and related equipment must be designed and constructed to accommodate expansion for future co‑location of at least three (3) additional wireless telecommunications facilities or providers. However, the PB may waive or modify this standard where the height limitation effectively prevents future co‑location.

Applicant has complied with this provision, to the extent applicable.

C. Height. A new wireless telecommunications facility must be no higher than the existing towers on Oak Hill in the Town of Wales, if the facility is located on Oak Hill, or one hundred ninety (190) feet in height, if located on other property in the Town of Wales.

Applicant has complied with this provision.

D. Setbacks. A new or expanded wireless telecommunications facility must comply with the applicable setback requirements of the Town of Wales, or be set back one hundred five percent (105%) of its height from all property lines, whichever is greater. The setback may be satisfied by including the areas outside of the property boundaries if secured by an easement. The following exemptions apply:

1. The setback may be reduced by the PB upon a showing that the facility is designed to collapse in a manner that will not harm other property.

2. An antenna is exempt from the setback requirement if it extends no more than five (5) feet horizontally from the edge of the structure to which it is attached, and it does not encroach upon an abutting property.

Applicant’s request for a waiver of this provision is GRANTED.

E. Landscaping. A new wireless telecommunications facility and related equipment must be screened with plants from view by abutting properties, to the maximum extent practicable. Existing plants and natural land forms on the site shall also be preserved to the maximum extent practicable.

Applicant has complied with this provision.

F. Fencing. A new wireless telecommunications facility must be fenced to discourage trespass on the facility and to discourage climbing on any structure by trespassers.

Applicant shall be responsible for placing barbed wire along the top of the 8’ chain link fence surrounding the compound.

G. Lighting. A new wireless telecommunications facility shall be illuminated at the top of the facility by an FAA approved lighting apparatus. Security lighting may be used as long as it is shielded to be down‑directional to retain lighting within the boundaries of the site, to the maximum extent practicable.

Applicant has complied with this provision, to the extent applicable.

H. Color and Materials. A new wireless telecommunications facility must be constructed with materials and colors that match or blend with the surrounding natural or built environment, to the maximum extent practicable. Unless otherwise required, muted colors, earth tones, and subdued hues shall be used.

Applicant has complied with this provision.

I. Structural Standards. A new wireless telecommunications facility must comply with current Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.

Applicant has complied with this provision.

J. Visual Impact. The proposed wireless telecommunications facility will have no unreasonable adverse impact on scenic values.

Applicant has complied with this provision.

K. Historic and Archaeological Properties. The proposed facility, to the greatest degree practicable, will have no unreasonable adverse impact upon a historic district, site or structure which is currently listed on or eligible for listing on the National Register of Historic Places.

Applicant has complied with this provision.

SECTION 9: ABANDONMENT

Applicant shall provide a bond or surety for the removal of said wireless facility, in a form that is satisfactory to the Planning Board.

Signed:

TOWN OF WALES PLANNING BOARD