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

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

PB Meeting 5/25/11

Planning Board Meeting – May 25, 2011

Meeting called to order at 7:00 pm by Bill Squires. Attendance – Tom Bjorkman, Todd Horton, Phil Knapp, Bill Larzelere, Barry Somerville, and Bill Squires.

Phil Knapp motioned to accept the minutes from the previous meeting, Todd Horton seconded. Motion passed.

We were informed by Bill S that Paul Conroy resigned as the Town Zoning Code Enforcement Officer. The new officer is Larry Colton.

Bill S handed out copies of the Zoning Board of Appeals Application for our review. No issues were raised.

The only item of business was to review a subdivision proposal, but the parties involved did not show up. Any such proposal will be assessed by the PB to check compliance to the zoning code and then a public hearing needs to be arranged.

After 25 minutes it was suggested that we adjourn. Motion was made by Tom Bjorkman, seconded by Bill Larzelere and passed by all.

Respectfully submitted,

Barry Somerville, secretary

PB Meeting 3/24/11

Planning Board Minutes, March 24, 2011

Members present: Bill Squires, Linda Mastellar, Todd Horton, Phil Knapp, Barry Somerville.

Meeting called to order by Bill S at 7:10 pm.

First item of business – proposed project by Greg McNeely at 5358 E Lake Rd. Current code does not specifically define a Planned Unit Development. However, the proposed project does fall under the definition of multi-family dwelling in Section 107 (definitions). After looking at the land plats and discussing the proposal the PB retained its conclusion from our previous meeting that this project cannot be approved. The above definition excludes such a plan in this district.

The following motion was made by Todd Horton and seconded by Linda Mastellar: The PB chair will write Mr. McNeely addressing the zoning code exclusion (Section 107, Definitions - dwellings, multi-family) of developing the property at 5358 E. Lake Rd. and adjacent military lot 55. Said letter will be reviewed and agreed upon by PB members. The motion was passed.

The PB also is concerned that such developments increase density in this district that is unwanted by the public. It was suggested that Mr. McNeely look into the town subdivision code for alternate plans.

The second item of business involved the approval of the Zoning Compliance Permit Application. All members have agreed on the current format and are open to changes once it is put into effect. Guidelines for fees were again discussed. The purpose of such fees is to help offset the costs of the Zoning Officer without being punitive in nature.

It was determined that Bill S. will contact the Town Board and put this item on the agenda for the next TB meeting. Todd H. will check fees proposed by other towns (Fayette, Romulus, Waterloo, Ovid) and contact other PB members so we can suggest a fee schedule for the TB meeting. Our aim is to have the TB vote on these at the next meeting. This will complete our work on the application form. If necessary we will hold a brief meeting in April to finalize the issue.

The necessity to determine what to do about Planned Unit Developments was then discussed. It is mentioned as an item in the zoning code but not defined. We need to address the issue and either delete it or define it. Either way, it will call for a public hearing. We will discuss this at next meeting.

The need to review the whole code for other undefined issues was brought up. It would be good if we could deal with all items at one hearing rather than do so piecemeal.

Todd Horton asked if any more action or discussion has occurred concerning private school compliance to the zoning code. This was a question raised some time ago by David Kidd. Since other issues have been more pressing we have not discussed this. However, it is something that needs to be taken up at a future date.

Motion to adjourn was made by Linda M. and seconded by Phil K. Meeting adjourned at 8:30 pm.

Sincerely submitted,

Barry Somerville

PB Meeting 1/27/11

PB minutes, 1/27/11

Meeting called to order at 7:02 by Bill Squires. Members present were Bill S, Linda M, Bill L, Tom B, Phil K, and Barry S.

A motion was made by Bill L and seconded by Phil K to accept the minutes from the November meeting. The motion was carried.

The first item of business involved a proposed pottery business to be located at 5391 SR 89 and operated by Keith and Laura Perry. A mistake was made in the request for a building permit. Bill S will send Paul Conroy and the Perry’s a note explaining the PB concerns about compliance to the zoning code especially in regard to off road parking. Otherwise there is no problem in moving forward with this enterprise in the opinion of the PB.

The second issue of business involves a proposed building project by contractor Greg McNeely who owns an eight acre tract on E. Lake Road. He would like to build six homes on the east side of the road and six boat slips on the lake. This would not be subdivided since it is going to be owned by a home owners association. The homes are owned by the buyer, but the land belongs to the association. Discussion centered on such a plan subverting the current zoning code. It was suggested that this might set a precedent for future development that current property owners would not support. The purpose of the code in the Lake area is to curb over development and relieve congestion. Does this plan encourage what the PB and residents have been trying to reduce?

Upon observing the Use Table (Item 308 on page 16 of Zoning Code), it was determined that the proposed plan would not be acceptable. More information as to the lost measurements is necessary to make a final decision. This may fall under a planned unit development but currently seems to be a multi-family dwelling which is not permitted under the code. However, there are other options that might make this plan work. Bill Squires will send Greg a letter citing our concerns and asking for more precise measurements of the property (perhaps a copy of the plat). Before he sends this letter it will be circulated to the members of PB for approval.

Our final item of business was approval of the Zoning Code Permit under revision by Linda M. A final revision was agreed upon which Linda will type up and send to PB members. A copy will also be forwarded to Paul Conroy for input. The final draft will be sent to the Town Board for approval before their meeting in March.

A fee schedule for the above permit was also discussed. Suggestions involved smaller fees for small projects, larger fees for larger projects, and fees related to the dollar cost of the project. We concluded that it might be best to meet with Paul Conroy and get his input on developing a fee structure. The purpose of this is to present suggestions to the Town Board in setting fees. The board agreed that lower fees would encourage more building projects.

A motion was made to adjourn the meeting by Linda M and seconded by Phil K. We adjourned at 9:05.

Respectfully submitted,

Barry Somerville