October 13, 2011

Special PB Meeting 10/13/11

Special Planning Board Meeting, October 13, 2011.
Meeting called to order at 7:00 pm. All board members present as well as representatives for Verizon Wireless.
The purpose of the meeting was to review the information from Verizon concerning alternative sites for a cellular tower. Bill Squires was in favor of calling a public hearing since the two sites suggested at the last meeting are inadequate to cover the area. Bill also inquired about the break mechanism in the tower in case of failure. The representative called attention to section H in the original proposal which gives the engineering specs for the tower. They exceed current standards.
We were informed that the neighbor to the south of the proposed site, Mr. Sensinig, has agreed to put an easement in place if necessary.
A discrepancy was noted in the cell tower coverage maps presented by Verizon reps. They used a water tower near Romulus rather than the one that was suggested in the old army depot near McGrain Rd and Yale Farm Rd. A new map will be sent for review by Nov. 3. The board would prefer a tower in this area since it is already zoned for technology. However, this site may not be the most advantageous for cell coverage either.
A motion was made by Linda Mastellar that the process for building the new cell tower move forward to a public hearing for November 17 pending receipt of information on the possible depot site. The motion was seconded by Todd Horton and passed unanimously.
A motion to adjourn was made by Linda M., seconded by Phil K. Meeting adjourned at 7:37.
Sincerely submitted,
Barry Somerville, secretary

October 12, 2011

PB Minutes 9/22/11

PB Minutes, September 22, 2011
The meeting was called to order at 7:02 by Bill Squires. All members were present.
Previous minutes were approved. Motion by Tom B and seconded by Todd H.
The first item on the agenda was in regard to building a Verizon wireless tower on the property at the corner of 96 and 336 where a radio tower currently exists. The initial permit was denied due to a failure to meet setbacks in the zoning code. Robert Burgdorf, a lawyer for Nixon-Peabody, represented Verizon’s interests and explained the need for a new tower in this area. Verizon wants to expand its wireless potential, but new equipment would be too heavy to mount on the current tower. Because of footprint overlaps, the new tower needs to be in close proximity to the site they desire. They propose to build a 195 foot free standing tower capable of mounting equipment from three carriers. They will lease a 100’ by 100’ parcel from the owners of the radio tower site.
Mr. Burgdorf needs a special use permit from the PB which will deal with the setbacks issue since 300’ is what the code requires. We discussed the legal procedure which the law office is concerned about and seems to be properly following.
The PB asked numerous questions about the issue. There should be no health issues since the equipment will emit extremely weak signals. The board suggested the possibility of two other sites for such a tower – one farther north on Rte 96 (ATT tower) and the other in the north end of the old Seneca Depot (water tower) near Hillside. The company will check out both of these sites and provide us more info about the possibility of using either. The board also asked about structural stability. The new tower is supposed to withstand 90 mph winds and ice build up to one inch and 40 mph wind. If the tower were ever to fall it is constructed to collapse in the middle. It would not hit any houses or buildings. Another concern was the possibility of the company going out of business. Mr. Burgdorf assured us that such a tower would always be in demand and not remain unused. One other concern was the possibility of another tower being built in this location, will this set a precedent? The lawyer said this does not set any legal precedent. Any future proposals for building have to go through the same procedures and approval. Property values should not be affected by the construction of a tower either.
It was agreed that Verizon reps would provide for the board the following info which we will consider at a special meeting Oct. 13: Info on the two alternate sites, close up photos of what tower would look like from Dilts Rd, a picture or location of a tower similar to the one being considered, and a removable bond.
Once this info is considered the PB will move forward with acceptance by calling a public hearing and granting a special use permit. We will try to do this asap and have a joint public hearing with the Zoning Board of Appeals if necessary.
The next item on the agenda concerned subdivision of a parcel of lands of Howard Smith aka Part Lot 43, Town of Varick, Seneca County NY at the southeast corner of E Lake Rd and Yale Station Rd. We discussed how many subdivisions were allowed to make a major subdivision. Our concern was compliance with the zoning code. Todd Horton made a motion to approve, seconded by Bill Larzelere and unanimously passed. Bill Squires asked to make a note to find out the time frame for making subdivisions from our code book.
Larry Colton, our zoning enforcement officer, had a few suggestions about our application form. 1) Provide a space for his remarks, 2) A space to cite reasons for denial of a permit, 3) A stop work order form, 4) A one year work extension instead of a two year renewal. These seem reasonable to the PB.
Mr. Colton also stated his objection to the wireless tower because it does not comply with zoning code setbacks.
We also discussed the need for additional forms that we do not yet have such as a special use permit.
Linda Mastellar moved to adjourn at 9:15 pm, Tom B. seconded.
Respectfully submitted,
Barry Somerville, secretary