CITY OF BIDDEFORD, MAINE

PLANNING OFFICE

P. O. BOX 586

BIDDEFORD, ME 04005

Tel (207) 284-9115

Fax (207) 286-9388

MEMORANDUM

To: Mayor Twomey

Council President Lamontagne & Members of City Council

J. Bubier, City Manager

From: Greg D. Tansley, AICP, City Planner

Date: March 27, 2009

Re: Proposed Contract Zone – Mariner Tower II, LLC – Off Keely Way, Tax Map 9, Lot 34

In April 2008 the City Council endorsed the concept of a Contract Zone for Mariner Tower II, LLC to construct a 120-foot telecommunications tower off Keely Way (which is off Pool Street), Tax Map 9, Lot 34. The location of the facility is in the Rural Farm (RF) Zone.

The subject property is currently a vacant lot approximately 37 acres in size, but the tower itself will be located within a 100’ by 100’ easement (10,000 square feet), accessed by a 16-foot wide access drive off Keely Way.

Once the Council endorsed the concept of the Contract Zone, the applicant began the review process with the Planning Board. The goal of that process is not only to review the Site Plan for the project, but also to develop a Contract Zone Agreement for Council consideration. The Planning Board completed its review on March 18, 2009, granting Site Plan Approval and recommending the approval of Contract Zone #11 by the City Council.

The Planning Board held a duly noticed Public Hearing on March 18, 2009. There was no opposition voiced regarding the proposal.

I have included several documents for your review to assist you as you consider the Contract Zone, including the following:

  1. The Draft Contract Zone Agreement drafted by Mariner Tower II, LLC and myself, and reviewed by both Mariner Tower’s and the City’s Attorney, Mr. Jacques..
  2. The Planning Board’s Recommendation and Findings of Fact, signed by both the Planning Board Chair and the President of Mariner Tower.
  3. The Notice of Decision regarding the Planning Board’s Site Plan Approval dated March 19, 2009.
  4. The approved Site Plan, Easement Plan, and Tower Perspective.
  5. My original memo to the City Council dated April 9, 2008.

In sum, the Contract Zone parameters are as follows:

·  Allows for a 120 foot tall telecommunications facility.

·  Ensures the City’s compliance with the Federal Telecommunications Act of 1996 (as amended).

·  Requires that four other providers may co-locate on the facility, thus minimizing the need for further towers in the area.

·  Ensures a provision that City may install its own Public Safety (Fire and Police) and Public Works Whip Antennae on top of the facility, the location on the tower that preferred by the Police Department..

·  Provides a benefit to citizens and City services by filling a gap in cellular coverage between existing services in-town and the coverage provided by services located on the Water Tower off Pool Street.

I hope that the City Council agrees that this Contract Zone merits approval and concurs with the recommendation of the Planning Board for approval of Contract Zone #11.

Representatives of Mariner Tower II, LLC and I will be at the City Council meeting to answer any questions that you may have.

Enclosures

Cc: K. Jacques, City Attorney

C. Ciolfi, Mariner Tower II, LLC

L. Vitali, Mariner Tower II, LLC

File

Page 1 of 2