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HomeMy WebLinkAbout2001-07-16 - BZA y y A I i I {{[[I ! 1 j I . II 3i , I, . I �} ! I . . I : i ! iF;. ' .. . t .. i 1�° � FI " l II I!n 1H1 ; I I . il i I s 1 ■ � . � Ini 1. ih I ;9 MINUTES TOWN OF ULYSSES BOARD OF ZONING APPEALS 7 / 16 / 2001 PRESENT: 62.A. Chairman, George Tselekis, B. Z.A. Members Ken Christianson, Jim Hickey, Carl Mann and Joel Warren, Code Enforcement Officer Alex Rachun, and Zoning Clerk Karin Lanning . ALSO PRESENT: Anthony Marshall, of Harris Beach, and Jim Stober, of Sprint. Chairman George Tselekis called the meeting to order at 7 : 38 pm . The first order of business before the Board was the continued public hearing on the request from Independent Wireless One to construct a 120' communications tower on the site of the Trumansburg Fairgrounds. Mr. Tselekis asked if Mr. Marshall or Mr. Stober wished to make any statement about the project. Mr. Marshall noted that the proposal remains the same, and that Sprint and I .W. O. have submitted some further documentation as per the request of the Board of Zoning Appeals . Mr. Hickey stated that he has reviewed the Zoning Ordinance and does feel that the Board's responsibility for inquiry is limited to those points that are directly relevant to decisions on the three area variance requests. Mr. Hickey emphasized the point, however, that the Board of Zoning Appeals action on the proposed project will be only the first, small step towards the ultimate go-ahead for the project. The project will have to go on to Site Plan Review by the Town Planning Board if the Board of Zoning Appeals grants the three variances; the granting of the variances will not in any way mandate the Planning Board to approve the project, or make easy the Site Plan Review process. Mr. Tselekis and Code Enforcement Officer Alex Rachun agreed that that the Board of Zoning Appeals' only responsibility is to act on the three requested area variances. Mr. Rachun stated that Bruce Wilson, Town Attorney, has not submitted his legal opinion as of yet. . Mr. Rachun noted that safety issues that could arise from the granting of the variances are in the jurisdiction of the Board of Zoning Appeals. Mr. Hickey noted that safety issues had been addressed at the previous public hearing on this matter. Mr. Mann posed a couple of questions about I . W . O. 's intent to serve emergency services and coverage that would exist as a result of the proposed project. Mr. Marshall stated that no contracts are officially expected, but that I. W. O. would hope to provide emergency services with wireless communications services. Mr. Marshal explained that I. W. O. is a small subsidiary of Sprint, and that another subsidiary company will pick up service where I .W . O. cuts off, around the Ulysses/Covert Town-line. After brief discussion, Mr. Hickey stated that he was prepared to act on the variances, the Board members agreed . After reviewing the proposed project in relation to the Area requirements set forth in Section n ( F) a of the Ulysses Zoning Ordinance, also known as Section F, topic a of the Ulysses Tower Ordinance, Mr. Hickey moved the following : Ulysses Board of Zoning Appeals Regular Meeting and Public Hearing ..r..):1° 7/ 16/2001 Having noted the facts, crucial to the Ulysses Board of Zoning Appeals' consideration of this matter, that the Union Agricultural and Horticultural Society of Ulysses, the owners of the Trumansburg Fair Grounds, have expressly told the applicant (independent Wireless One) that the site the Communications Tower has been proposed for is the only site that would be acceptable to them, and that the Town Code Enforcement Officer, Alex Rachun, has advised the applicant that this site may Work best, in regards to its impact on the Town of Ulysses and safety issues, and also noting that, because the Trumansburg Fair Grounds provides many beneficial services to the Town, the rent for this proposed project paid towards the Union Agricultural and Horticultural Society of Ulysses would serve to benefit the Town, Mr. Hickey moved: WHEREAS, in regards to the height restriction on " Powers in the Town of Ulysses: the applicant has requested a variance to construct a 120' tower, while the Tower Ordinance requires an area) variance for any tower that will be over 100', WHEREAS, the variation in regards to the requirement is not substantial, but would mean a less than 20% variation from what is allowable without a variance, WHEREAS, there will be no increased population density and thus no impact on 'available governmental facilities, WHEREAS/ here would be no change in the character of the neighborhood and no detrimental impact on adjoining properties, indeed, neighboring property owners were notified and all have either not made comments or have spoken in support of the project, and WHEREAS, it appears, based on the engineering study information presented to the Board of Zoning Appeals by the applicant, that this precise difficulty cannot be obviated by some method feasible for the applicant to pursue other than a variance, BE IT RESOLVED, that the interests of justice will be served by the granting of this variance, and that it is hereby granted. Mr. Christianson seconded, the resolution passed tunanimo . fter reviewing the proposed project in relation to the Ar requirements set fo ' in Section n (F) c of the Ulysses Zoning Ordinan - , also known as Section F, topi - of the Ulysses Tower Ordinance, Mr. Hic - moved the following : Having noted , e facts, crucial to the U • s Board of Zoning Appeals' consideration of matter, that the ' nion Agricultural and Horticultural Society • Ulysses, th : owners of the Trumansburg Fair Grounds, have expressly • • I th = • pplicant (Independent Wireless One) that the site the Communicate, • • Tower has been proposed for is the only site that would be acceptable • • them, and that the Town Code Enforcement Officer, Ale Rachun, has • vised the applicant that this site may work best, in gards to its impa I I the Town of Ulysses, and matters of safe , also noting that, because a Trumansburg Fair Grounds provide many beneficial services to the 'T , the rent for this propose roject paid towards the Union Agriicultur nd Horticultru Society of Ulysses would serve to benefit the To Mr. Hickey oved: 2 1 11 k Ulysses Board of Zoning Appeals Q al Regular Meeting and Public Hearing 7/ 16/2001 REAS, the Ulysses Tower Ordinance, in the above referenced sect' • , requires that a tower have a setback from all neighboring prope lines equaling at least twice the tower's height, which in this case wou 4 be 240 feet, and WHEREAS, th = owner of the property and the applicant, with the advice of the T • n Code Enforcement Officer, have chosen the site proposed becaus _ of the fact that at this site alone could the pro • • sed tower fall over an of land on any structures, either on the sa , e property or another, WHEREAS, the variation I . elation to the requirement is = ubstantial, but is nonetheless appropri . . \e and necessary in view • he above safety issue, WHEREAS, there will be no chap '•: - at all in pop ation density and therefore no impact on available go ernmen facilities, WHEREAS, there will be no change in t .. character of the neighborhood nor detrimental impa t • adjoining properties, and WHEREAS, it would again appea •, according o the evidence presented by the applicant and the posit • n of the owne of the Trumansburg Fair Grounds that the proposed e is the only feas le one, that this difficulty can not be obvi • • - d by any other mean feasible for the applicant, BE IT RESOLVED, at the interests of justice will be rved by granting this variance, • . : owing a setback of approximately 12 eet from the nearest pro P erty line, instead of the 240 feet that is no all required by the Ts ' er Ordinance of the Town of Ulysses. Mr. . ristianson seconded, the resolution passed unanimously. • After reviewing the proposed project in relation to the Area - • • ements set fo ' ' in Section n (F) e of the Ulysses Zoning Ordinance, • : • known as Section F, top! - of the Ulysses Tower Ordinance, Mr. Hicke ' oved the following : Having note • at facts, crucial to the U ses Board of Zoning Appeals' consideration o I is matter, that th - • nion Agricultural and Horticultural Socie Ulysses, t . owners of the Trumansburg Fair Grounds, have expressly , . . d t . applicant ( Independent Wireless One) that the site the Communica ? • I Tower has been proposed for is the only site that would be a - ptab - • them, and that the Town Code Enforcement Officer, Al = Rachun, ha • vised the applicant that this site may work best, i • regards to its impa • n the Town of Ulysses and matters of safety, • d also noting that, becau e Trumansburg Fair Grounds provide - many beneficial services to the • wn, the rent for this proposed oject paid towards the Union Agricul • al and a Horticultura ociety of Ulysses would serve to benefit th = Town, Mr. Hickey mo d : CONCE • IIIG the Ulysses Tower Ordinance requirement that stat the b • e of a tower must be at least 300 feet from the nearest dwe , mg, and the applicant's request for a variance to construct a to ,. r, the base of which would be located 291 feet from the nearest d :� lling; 3 Ulysses Board of Zoning Appeals 3IX� Regular Meeting and Public Hearing 7/ 16/2001 WHEREAS, the variation in regards to the requi - - rent is not substantial, the variation will involve .a 9 foo ariance, W EREAS, the same findings of the Uly = es Board of Zoning Appeals; tha e site selected was the only on available to the applicant, and that ' • ; as selected by the property - wner because it is the only site on which th - • • roposed tower, the ne = • for which was presented to the Board hi the • • • licant's engine • r ng studies, could be safely constructed, a in apply here, . WHEREAS, there wi • e no hange in population dlensity and therefore no impact1on available o ernmental facilities, WHEREAS; there will be • change in the character of the neighborhood and no d tri - ntal impacts on adjoining properties, and WHEREAS, it would • gain appea hat the difficulty can not be obviated by any other mea - feasible to the ; • plicant, BE IT RESOLVE , that the interests of ju 4 %ce will be served by granting this variance -Al allow a 9 foot variation fro • . the requirement of 300 feet stated ' the Ulysses Tower Ordinance, a • that the variance is hereby g ted. Mr. Ch , Manson seconded, the motion passed unani usly. Mr. Hickey thanked the representatives for their time, and remin ed them that the approval of the three area variances by the Board of Zoning Appeals is only the first step in the ultimate approval of the project. Mr. Hickey also reminded the representatives that the approval of the area variances by the B.Z.A. does - not, in any way, mandate the approval of the. Planning Board, but that the representatives should expect to have to make a much more thorough and comprehensive presentation to that Board for Site Plan Review purposes. The second order of business before the Board was action on the minutes of May 14th, 2001 and July 9th, 2001 . Mr. Christianson moved, seconded by Mr. Warren to approve the minutes of May 14th, 2001 as presented . Mr. Christianson aye Mr. Mann aye Mr. Tselekis aye . Mr. Warren aye Mr. Hickey 'abstained . Adopted . Mr. Hickey imoved, seconded by Mr. Mann to approve the minutes of July 9th, 2001 as presented . . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Christianson abstained Mr. Warren abstained . Adopted . 4 I I it Ii ; 1' III If i i { ! 1 1 1 Ulysses Board of Zoning Appeals ataR� Regular Meeting and Public Hearing 7/ 16/2001 Mr. Mann noted for the record that page 7, Section G of the Ulysses Tower Ordinance states : "The Town shall verify by testing annually at applicant's or owner's expense, electric and magnetic field limits and power density conforming to FCC 96-326 Table 1 . . . " , and that he does not believe this has been done for the Mekeel Road tower. Mr. Mann stated that this is a very important procedure, and that the Town Board should perform the annual testing described in the Tower Ordinance for the Mekeel Road tower as well as any and all new towers that are constructed . Mr. Mann requested that the minutes noting the above be distributed to the Town Board members. Hearing no further business, Mr. Mann moved to adjourn the meeting . Mr. Hickey seconded . Mr. Christianson aye Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye The meeting adjourned at 8 : 25 pm . Respectfully submitted, Kahn T. Lanning Ulysses Zoning Clerk KTL: kl 5