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HomeMy WebLinkAboutMinutes of Planning Brd and Regular Meeting February 21, 2006.pdf 1 Minutes of Planning Board February 21, 2006 Village of Cayuga Heights Meeting of the Planning Board Cayuga Heights Fire Station Present: Mayor Lynn, Trustees Antil, Collyer, McClelland, Mount, Staley, McNeil, Fire Supt. Tamborelle, Police Chief Lansing, Supt. Cross, Treasurer Silber, Atty. Tyler, Clerk Manning Absent: Trustee Collyer, Supervisor Quick Others Present: Jim Woodward, FMHC, representing Cingular Wireless, Dave and Lee Donner, Danny Wnek (Fire Company President) At 7:00 pm Mayor Lynn opened the continuation of the Public Hearing on the request by Cingular Wireless to co-locate on the Verizon Wireless telecommunications tower in the Commercial District at 186 ½ Pleasant Grove Road. There being no comments from the public, Motion by Trustee McNeil Seconded by Trustee Antil Move to Close Public Hearing at 7:05 pm. Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. Mayor Lynn introduced Supt. Cross, who, with the assistance of Attorney Tyler, recited the SEQRA short form for the Cingular Wireless Co-location, (copy attached) and then presented the following resolutions for approval by the Planning Board. Motion by Trustee McNeil Seconded by Trustee Antil MOVE TO PASS RESOLUTION 6184: VILLAGE PLANNING BOARD’S DETERMINATION OF FINDINGS AND DECLARATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF THE PROPOSED CINGULAR WIRELESS ANTENNA CO-LOCATION ON VERIZON TOWER AT 186 ½ PLEASANT GROVE ROAD. Whereas, Cingular Wireless (CW) has made an application to mount antennas on the Verizon telecommunications tower at a height of 100’ (below Verizon antennas), for the purpose of improved service for their wireless customers, and Whereas, the Village of Cayuga Heights (VCH) has a Local Law that requires the Village Planning Board (PB) to review such applications for environmental impacts as prescribed by 6NYCRR 617.20 SEQR Appendix B&C, and 2 Whereas, the PB has duly conducted public hearings and has made the following findings of the project’s potential impacts: 1. The visual aesthetics of the tower is only impact that can’t be mitigated by the applicant. 2. There is no other location in the Village that would have lesser impact. 3. The co-location avoids the need for another free-standing tower in the Village. 4. The visual aesthetic impact is determined to be considered small. Antenna to be added to a previously approved antenna tower. 5. As constrained by FCC regulations, the Village can not preclude the installation of a “public utility”. Therefore, the Village of Cayuga Heights Planning Board has determined that the co-location of Cingular Wireless antenna at 186 ½ Pleasant Grove Road will not have a significant impact on the environment, and hereby makes a declaration of negative significance. Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. * * * * * * * * * * * Motion by Trustee Antil Seconded by Trustee McNeil RESOLUTION 6185: TO AUTHORIZE THE ZONING OFFICER TO ISSUE A PERMIT TO CINGULAR WIRELESS TO CO-LOCATE TELECOMMUNICATION ANTENNAS AT 186 ½ PLEASANT GROVE ROAD. Whereas, Cingular Wireless (CW) has made an application to co-locate antennas on the Verizon tower at a heights of 100’ (below Verizon antennas), for the purpose of improved service for their wireless customers, and Whereas, the Village of Cayuga Heights (VCH) has a Local Law that requires the Village Planning Board (PB) to review such applications for compliance with the specific regulations, and Whereas, the PB has determined that the CW application is complete, and that CW has satisfied the requirement that they have considered all other possible locations for their antennas, and Whereas, the PB has duly conducted a public hearing to collect input from the public, and used this information to determine the potential environmental impacts of the tower, and Whereas, the PB has made a negative declaration of findings according to SEQR 6NYCRR 617.20 Appendix B&C, Findings: 1. Co-location consistent with Village of Cayuga Heights local law, 2. Minimal additional visual impact; 3. Provides necessary member service; 4. Review of project by independent engineering consultant, William Johnson; and now Therefore, the Village of Cayuga Heights Planning Board hereby authorizes the Zoning Officer to issue a permit to Cingular Wireless to co-locate antennas at 100’ on the Verizon tower at 186 ½ Pleasant Grove Road. The Zoning Officer shall issue the permit with the following conditions: 3 1. demolition bond of $5000; 2. 20 year re-evaluation; 3. copy of final executed co-location agreement to be filed with zoning officer prior to issuance of the permit. Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. Supt. Cross then reported on the Phosphorous Treatment WWTP Project at 951 E. Shore Drive. A copy of Supt. Cross’s report is attached to these minutes. The Phosphorous Project has been approved at the regional level. Supt. Cross has recommended that the Planning Board waive the site plan review requirement for this project for the following reasons: 1. As the owner of a property dedicated for public service, a municipality is not subject to the restrictions of their own regulations. 2. The Village’s Ordinance specifies the Site Plan Review process, limits the application of the process to properties within the Multiple Housing and Commerical Zoning Districts. The WWTP is actually located within the Residence Zoning District. Due to funding/financing on this project, the Village Board of Trustees are required to conduct a SEQRA review as the owner of the property. Therefore, it seems unnecessary for the Planning Board to go through SEQRA review process, since it would be a duplication of effort. The Planning Board agreed with Supt. Cross’s recommendation. A Public Hearing will be held before the March Board meeting to gather public input on the project. Supt. Cross will send a letter to the adjoining municipalities informing them of the Public Hearing. Motion by Trustee McNeil Seconded by Trustee Antil Move to set Public Hearing on the Phosphorous Treatment Project on March 20, 2006 at 7:00 P.M. Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. 4 Minutes of the Board of Trustees February 21, 2006 Village of Cayuga Heights Board of Trustees Cayuga Heights Fire Station Present: Mayor Lynn, Trustees Antil, McClelland, Mount, Staley, McNeil, Fire Supt. Tamborelle, Police Chief Lansing, Supt. Cross, Treasurer Silber, Atty. Tyler, Clerk Manning Absent: Trustee Collyer, Supervisor Quick Others Present: Dave and Lee Donner, Danny Wnek (Fire Company President) ******************************************************** The meeting of the Board of Trustees was opened at 7:36 P.M. Mayor Lynn asked the Board to approve the minutes of the January meeting. There were 3 corrections made – one on page 3, 6, and 7. Motion by Trustee Mount Seconded by Trustee Antil Move to approve the minutes of January 17 with corrections noted. Trustees Antil, McClelland, Mount and Staley VOTED Yes. Trustee McNeil Abstained. ************************************************************************************ No member of the public wished to speak at Privilege of the Floor. ********************************************************************************* Report of the Mayor – Mayor Lynn reported on his letter to Steven Eidt of the NYS DEC (a copy of which was distributed to the Trustees) regarding the DEC Consent Decree. Public Safety Committee – Trustee McClelland deferred his time to the Fire Supt. who had to leave due to a previous commitment. ********************************************************************************* Report of the Fire Superintendent – Supt. Tamborelle presented his report, a copy of which is on file. Supt. Tamborelle explained that there were no bids received on the request for bids for a 2006 new light rescue vehicle, as 2006 vehicles were no longer available. The Supt. asked the Board to approve the rebid for a 2007 vehicle. Motion by Trustee Antil Seconded by Trustee McNeil 5 Move to approve Resolution 6186 authorizing Fire Supt. Tamborelle to rebid for a new 2007 light rescue vehicle for the Cayuga Heights Fire Department due to the absence of bids received for the rescue vehicle by the bid date of February 16. Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. The request to accept the bid from Admiral Specialty Vehicles of Spencer, New York received for the equipment and cabinetry for the new rescue vehicle was deferred until a bid for the 2007 vehicle is accepted. ********************************************************************************* Report of the Public Safety Committee – Trustee Peter McClelland gave a brief background of the current Article X – Hawkers, Peddlers, and Solicitors Law in the Village of Cayuga Heights. This law is outdated and the Public Safety Committee, along with Police Chief Lansing and Attorney Laurie Johnston is drafting a new version of the law. There was much discussion on the rights of those wishing to go door-to-door to sell their goods. Attorney Johnson is currently conferring with NYCOM on this subject and will report back to the Committee on her findings. Motion by Trustee McClelland Seconded by Trustee Antil Move to table any action on changing Article X – Hawkers, Peddlers, and Solicitors Law until the March Board Meeting. Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. ********************************************************************************* Report of the Police Chief – The Police report was distributed and is on file. Chief Lansing asked the Board to approve the purchase of a 2006 Durango, which was part of his budget for this year. Motion by Trustee Staley Seconded by Trustee Antil Move to pass Resolution 6187 authorizing the Police Chief to purchase a 2006 Durango according to NYS Contract PC60960 at a price of $23,552.00 plus delivery of $205. Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. ********************************************************************************* Report of the Working Supervisor – Report distributed and is on file. ********************************************************************************* Supterintendent of Public Works – On behalf of Trustee Collyer, Trustee McClelland asked about the upcoming report on the Village fire hydrants. Supt. Cross said that T.G. Miller will have a report ready for the March meeting. He is also investigating methods that are available if needed. 6 Trustee Staley asked about lower Remington Road. Supt. Cross replied that there may be some money left over in this year’s budget to “skim coat” the road in the Sprin Regarding the Hanshaw Road Sidewalk Project – Mayor Lynn wrote a letter to the Town in favor of the project and stating our cooperation. A copy of the Town Resolution No. 2006-31 supporting the walkway was distributed. The Village will be receiving a firm proposal from the County Highway Dept. with cost estimates to continue the sidewalk from the Village Line to the existing sidewalk on Hanshaw Road. Supt. Cross has invited John Lampman to give a short report at the March meeting. - ******************************************************************************** Report of the Treasurer – A budget work session is planned for Saturday, March 11 from 10 am – noon at the Village Hall. - The Treasurer’s Report was distributed and is on file. The treasurer asked the Board to approve the transfers listed below. Motion by Trustee Antil Seconded by Trustee McNeil Move to pass Resolution 6188 approving the transfers and appropriation dated 2/22/06 as listed below: From: To: Amount A01640.100 Cent Garage Pers Serv A01640.150 Cent Gar Pers Serv – OT 500 A03120.200 Fire Dept Equipment A03410.410 Fire Dept. Contr Exp 9,000 A03120.200 Fire Dept Equipment A03410.410 Fire Dept. Eqpt Maint 1,000 A05110.100 Street Personnel A05110.150 Street Personnel – OT 2,000 A05110.410 Street Contr Exp A05110.490 Street Eqpt. Maint 500 A05142.100 Snow Personnel A05142.150 Snow Personnel – OT 3,000 A05142.410 Snow Contr Exp A05142.490 Snow Eqpt Maint 1,600 A08160.100 Refuse Personnel A08160.410 Refuse Contr Exp 10,000 A08160.410 Refuse Contr Exp A08160.490 Refuse Eqpt Maint 500 F01990.400 Water Contingency F08320.420 Water Purchase/Ithaca 300 F01990.400 Water Contingency F08350.410 Water Contr Exp 5,000 G01990.400 Sewer Contingency G08110.420 Sewer Adm Taxes 210 G01990.400 Sewer Contingency G08120.410 Sewer Lines Contr Exp 2,000 Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. The Abstract of Vouchers was presented with one addition. Motion by Trustee McClelland Seconded by Trustee McNeil Move to pass Resolution 6189 approving the Abstract of Vouchers dated 2/21/2006 in the amount of $78,791.32 with the following correction and instruct that the Treasurer make payments thereon. Add: G08130.410 Yaws Environmental Process $4,435.20 Sludge Hauling Correct Account for Yaws Environmental Process O&M ($15,791) to G08130.410. 7 Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. ******************************************************************************** Report of the Attorney – Leslie Trotter has asked Kendal at Ithaca to relinquish the easement and terminate all rights including the rights of the Village because he has found it difficult to sell the property with this burden on the title. Kendal in turn has asked the Village to verify that if in doing so we have any objection because it may affect the standing approval of the Kendal project. It was determined that there would be no problem in relinquishing the Trotter right of way as long as access to Highgate Road over the parcel which Kendal owns is maintained as part of the Kendal property (no subdivision and sell-off of that remaining property). Attorney Tyler will meet with Supt. Cross to craft an agreement for Kendal. - Attorney Tyler reported on the Wilkinson Estate. There is currently a draft agreement between Mr. Crossmore, and John Barney and the Commissioners of Bolton Point (BP) having to do with the development of land in the Village of Lansing and a road that BP had agreed to construct. In the early years, the road, had it been built, is said to have cost $300,000. It was never done. Today, that road would cost $3 million. An offer has been made that BP would spend $600,000 as a settlement in lieu of the $3 million. BP would accept the responsibility of $600,000 if the settlement is taken. A special motion was made last June to have this lawsuit dismissed. A decision has not been made yet. There is an appeal presently being discussed. We have until the middle of April to settle, or the Judge will make his decision. ******************************************************************************** Clerk’s Report – Interim Space Committee Report- The space needs of the administration were discussed with QPK Design. A final report will be sent to us by March 8, and a report will hopefully be made by QPK to the Board of Trustees at the March meeting. ******************************************************************************** Trustee Mount asked what had been done regarding the Fire Company fundraising letter that was forwarded to the Public Safety Committee by Mayor Lynn. There was discussion on the letter, as the members of the Board NOT on the Public Safety Committee had not received a copy of the Mayor’s letter. The Mayor asked the Clerk to forward a copy of his letter to the Board members who did not receive a copy. The Mayor will meet with the Fire Company President and report back to the Board. Motion by Trustee Staley Move to adjourn the meeting at 9:40 pm. Trustees Antil, McClelland, Mount, McNeil and Staley VOTED Yes. Respectfully submitted, Norma R. Manning, Clerk