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HomeMy WebLinkAbout1997-12-16 - TB Ulysses Planning Board, December 16, 1997 HC3 Page 1 Ulysses Town Planning Board December 16, 1997 Regular Meeting Present: Chair Dave Tyler, Members Rick Geiger, Gregg Hoffmire, Peter Demjanec, and Krys Call . Also present : Town Counsel Bruce Wilson, Consultant Tom Aiston, Bob Burgdorf, Barbara Fisher , Rich Jacobson, members of the public . Recording minutes : Deb Austi.c Dave called the meeting to order at 7 : 15 p .m.. The Board reviewed the minutes from the 12/ 11 /97 public hearing. The following changes were made, page 1 , paragraph 4 — specify letter from tower manufacturer also indicates heights for additional antennas ; page 4, last paragraph — change suggested to stated. Peter made a motion to approve the minutes as amended, seconded by Greg, and passed. Rick abstained from the vote since he was not at the 12/ 11 /97 hearing . Dave asked Tom Aiston to share comments brought up during 12/ 11 hearing. Tom discussed propagation studies referred to by Dave Gell at 12/ 11 hearing . Tom showed propagations of site 2 and explained how topography inhibits increased coverage in the northwest- southeast direction with height increase. Tom indicated that the studies seemed to respond appropriately to the geographical conditions . Tom also shared insight from contact on re-rad and extenda-cell . According to Tom re-rad would only be used inside and extenda-cell would result in poor quality and lost calls . Tom also said AM antennas would not be compatible. There was a discussion about the distance required between antennas on a tower. Tom and Burgdorf agreed that 20 ft was the preferred separation for 2 cellular antennas, but that Personal Communication System (PCS) could be hung at the same height. Dave asked Tom whether the 250 ft tower would be a better candidate for co-location. Tom replied not necessarily so, PCS prefer not to be very high. Krys also referred to letter from Cellular One stating none of the potential sites would work for co-location for them . Krys asked whether Tom received a propagation study for the Dryden tower. Tom had not. Dave asked Tom for his interpretation of the technological useful life of the tower. Tom suggested it would be short. Dave suggested a 15 year useful life was anticipated by another engineer in this field he had recently spoken with . The Board briefly discussed site 6 . Dave asked whether members were more interested in sites without lights . Rick questioned whether there was less objection to site 6 . Peter suggested that a lighted tower at 250 ft would have a significant visual impact to most of the town. The Board reviewed the photo depictions submitted by the applicant of sites 2 and 6 . The Board agreed not to concentrate on. site 6, but instead to consider sites 2 and 15 . The Board discussed the differences between sites 2 and 15 in screening and landownership. Krys asked whether there was a big difference between leasing and owning. Bruce mentioned the possibility of additional towers and Rick suggested ownership simplified enforcing the ordinance . Dave suggested site 15 would be preferable because of the tree-line . Krys suggested site 15 had a greater distance from residential development and less inadequate buffers than site 2 . The Board used a map supplied by Tompkins County Planning to review the locations of the sites . Bruce brought up the zoning issue and Burgdorf confirmed that all sites would need setback variances in order to keep the tower closest to the treelines . The Board discussed the location of homes located on Mekeel, Reynolds, and Swamp College Roads and the public responses . Rick agreed that site 15 seemed to be further from homes . Krys asked whether the Board should take into account potential residential development. Bruce confirmed that future development could be considered. Krys suggested a high probability that the wide open fields nearby would be developed into modular housing, more likely so than the wooded areas . The Board reviewed a 1994 map supplied by County Planning for site locations and the site plans. Krys confirmed with Bruce that the Board could issue approval of the application with conditions . Bruce agreed and suggested some conditions already discussed were area variance, bonding for removal, FCC approval, not be lighted, ag issue, height, co-location. Bruce suggested the Board had the normal site parameters and landscaping issues, such as screening. Krys suggested they request trees along the road. nko Ulysses Planning Board, December 16, 1997 Page 2 Dave asked how far the wooded area ran down the Duddleston property . Dave Gell stated that the woods did run all the way to Swamp College Road. The Board discussed the locations of adjacent properties and homes and the location of the tree line in relation to the property boundary . Tom Reitz and Dave Gell discussed the character of the wooded area with the Board. The Board discussed the differences in distance from the road and treeline between sites 2 and 15 . The Board reviewed a 1990 aerial photo map of the area for location of the treeline and surrounding properties . Dave asked the Board whether the narrowing process could be taken further. Peter stated he felt that of the proposals , site 15 was by far the best, Greg and Dave agreed that site 15 had the least impact . Rick said he agreed but felt there were still substantial aesthetic costs . Krys agreed and suggested site 15 was further from current and potential future development and had more screening . Dave suggested a condition not to remove existing trees and perhaps adding buffering . Dave suggested the Board should focus on site 15 . Dave mentioned that the Board would need to do the SEQR process and EAF . Bruce stated that County Planning had approved the three sites under consideration and concluded the Board could act without prejudice . The Board reviewed the letters from County Planning and discussed the comments . Krys suggested Board members could each do Part 2 of SEQR individually before Thursday . The Board reviewed Part 1 of the EAF information provided by the applicant. Page 1 , #3b : Krys requested an answer to the soil classification question. Page 3 , # 13 ; Krys asked for clarification as to what was referred to as ` open space . ' Bruce explained it would be a specially zoned "set aside" . Page 3 , # 14 : the Board questioned the answer `No ' to views important to community . Page 3 , #20 : stated the Town Code Enforcement Officer was not able to make determination about wastes . Burgdorf stated that a phase 1 would typically be done . Krys questioned the size of the area to be developed . Burgdorf confirmed that it included the fenced area and the road . Dave questioned Burgdorf about the fencing. Burgdorf replied it would surround the facility and guy wires and typically be 6 ft chain-link with barbed wire on top and be screened with evergreens . Dave asked for input from the audience about the vegetation at site 15 . Dave Gell confirmed 75 ft was typical height . Page 4 , # 18 ; Peter questioned the use of no pesticides or herbicides and Burgdorf stated a fabric was typically used under the fill . Bruce confirmed that the notice was sent under the Ag & Markets Act (page 3 , # 13 ) . Page 5 , #c8 ; Dave requested articulation of how the proposed action was compatible with surrounding land uses . Burgdorf referred the Board to the original submission, exhibit D, bottom of the page . Krys read the statement regarding the locating of public service utilities supplied by the applicant. Dave asked the applicant about their experience with vandalism . Burgdorf and Fisher confirmed vandalism was minimal and the facility is gated, with security alarm . Page 5 , #c5 ; Krys raised questions about the maximum potential development of the site . The Board discussed the change in potential development as a result of the tower and confirmed the special permit would be limited to the improvement indicated in the application. The Board discussed the submission of legal information by the applicant and public and the decision-making role of the Board . The Board also discussed the use of executive session and what issues should be discussed in public forum. Peter Penniman suggested the public should be allowed to understand which opinion of the law had prevailed before the Board . Bruce stated it would be inappropriate for the Board to debate law with the public and applicant. Rick stated that he questioned the legal standard and the interface of federal law with the ordinance, but did not intend to receive input from the applicant on the issue . Bruce reminded the Board they are involved in a lawsuit about the Legal issue of the Board ' s responsibilities . Krys asked for information regarding the personal indemnity provided by the Town . Krys brought up the December 8 , 1997 letter from Burgdorf which referred to the Mekeel Road neighbors as being opposed to a tower in their neighborhood . Krys said she believed that statement misrepresented the group ' s intentions to accept a tower in their neighborhood in accordance with the Town ordinance . Bruce directed the Board to not give a lot of attention to the legal submissions from Burgdorf or Susan Brock., but to deal with factual information presented in the application and at the public hearings . Peter asked for direction from Bruce on what type of attention to give to the legal information submitted and expressed preference to discuss that in executive session. Bruce offered to answer the question about personal indemnity . The Board decided to wait for executive session. Ulysses Planning Board, December 16, 1997 a 7 Page 3 The Board discussed the agenda for December 18 , 1997 . Bruce suggested the Board would need to make findings on Part 2 of the EAF . Dave suggested the meeting begin at 6 : 30 p. m. on 12/ 18 . Don Sola asked the Board whether Sue Brock would need to attend 12/ 18 . The Board could not advise whether any questions would arise. Krys mentioned she would have questions for Sue Poelvoerde and Bob Howarth. Dave suggested the Board do Part 2 of the EAF first on 12/ 18 . Burgdorf asked for direction about other information the Board might require . Krys moved the Board go to executive session to discuss pending litigation, seconded by Rick, passed unanimously. The Board adjourned to executive session at 9 : 45 p . m. The Board returned from executive session at 11 : 05 p.m . Peter made a motion to return to the record, seconded by Rick, passed unimously . Peter made a motion to adjourn, seconded by Rick, passed unimously . The Board adjourned at 11 : 06 p . m .