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HomeMy WebLinkAbout11-20 ZBA MinTOWN OF GROTON ZONING BOARD OF APPEALS Meeting Minutes - Wednesday, 20 November 2019 - 7:00 PM Groton Town Hall Court Room - 101 Conger Boulevard - Groton, NY Board Members (*Absent) Others Present Ted Schiele, Chairman Fran Casullo, Town Attorney Paul Fouts Rick Gamel, Town Councilman Patricia Gaines Joan E. Fitch, Board Secretary Carolann Darling Daniel Cerretani Applicants & Public in Attendance Andrew Leja 8v Mark Fuentes, for Applicant, AT&T Mobility Corp.; Brian Klumpp, Chris Tallman. REGULAR MEETING The Regular Meeting of the Town of Groton Zoning Board of Appeals was opened by Chairman Ted Schiele at 7p.m. APPROVAL OF MINUTES 18 September 2019 A motion was made by Member Patricia Gaines to approve the Minutes of the 18 September 2019 ZBA meeting, as submitted. The motion was seconded by Member Carolann Darling, with the vote recorded as follows: Ayes: Chairman Schiele Nays: None Member Fouts Member Gaines Member Darling Member Cerretani Motion carried. This becomes Action #7 of 2019. 23 October 2019 A motion was made by Member Paul Fouts to approve the Minutes of the 23 October 2019 ZBA meeting, as submitted. The motion was seconded by Member Carolann Darling, with the vote recorded as follows: Motion carried. Ayes: Chairman Schiele Nays: None Member Fouts Member Gaines Member Darling Member Cerretani This becomes Action #8 of 2019. Page 1 of 5 Town of Groton ZBA Meeting Minutes 20 November 2019 AT&T Mobility Corp., Applicant/ Christopher Tallman, Reputed Owner - 601 Sovocool Hill Road - TM #31.-1-3.1 - Area Variance(s) - Proposed Telecommunications Tower (cont'd) (Note: A Public Hearing was held on 18 September 2019, and continued and closed on 23 October 2019 regarding this matter. Reference is made to those Minutes for further details.) DISCUSSION/ DECISIONS At the October meeting, the Board asked for additional information, so continued consideration of this application until this date. Chairman Ted Schiele reported that he had received a 19 November 2019 letter from the Tompkins County Department of Emergency Response stating that the existing County tower will not provide a viable alternative for co -location of the AT&T equipment. This letter, which was obtained in response to the Department of Planning 8v Sustainability's letter of 11 September 2019, has been placed on file for the record. Chairman Schiele also noted that the Town had received a communication, dated 14 November (after the closing of the Public Hearing), from an anonymous individual with concerns regarding electromagnetic fields from cell towers. As the letter was not signed, no credence was given to it. Andrew Leja, Attorney of Barclay Damon, representing the applicant, informed those present that with regard to the electromagnetic affects of towers, the Federal government prohibits addressing this issue as part of the decision-making process. Town Attorney Fran Casullo, who had contacted Engineer Tim Buhl as requested in this Board's last meeting, stated that he had received a letter from Engineer Buhl just this afternoon; Attorney Casullo read the letter aloud, a copy of which has been placed on file for the record. Engineer Buhl had reviewed the materials accompanying the application and made comments thereon. Mr. Leja responded to Mr. Buhl's comments regarding the fall zone and a typo on the plans; Mr. Leja commented that the typo would be corrected. It was also noted that the date on Engineer Buhl's letter was incorrect. Also addressed was the hinge connection; it has not been designed yet because the foundation needs to be designed first, as stated by Mr. Leja. It will be done in advance of the Building Permit application. Once the variances have been dispensed with, he stated, the application will go to the Town Planning Board for Site Plan approval. Attorney Casullo stated that if this Board grants the requested variance, it has to be conditioned on the design of the hinge in that it must meet approval of the Town engineer prior to the issuance of any Building permit. Also discussed were the road area setback requirements; Engineer Buhl was not that concerned. However, he made a suggestion about squaring off the south end of the lease area to match the southwest parcel boundary in order to meet the one -acre minimum required. Mr. Leja commented that the lease area is eight tenths of an acre, so that's why a variance is needed. Next item discussed was the access road shown on the drawings. Engineer Buhl felt that the road width should be a minimum of 14 feet (the applicant shows a width of 12 feet) . He would also like to see a "broadened 20 -foot wide pull -off section at the midpoint." This would be to meet the NYS Fire Apparatus requirement re access. Regulations for fire equipment apparatus access were discussed. Mr. Leja stated they had to take into consideration the location of the landowner's dug water well when designing the road. When asked about decommissioning of the tower, Mr. Leja stated they discussed this in their application. The Town Planning Board will review this matter. Town Attorney Casullo noted that the proposed tower is an Unlisted Action under SEQRA and the Long Form was not required; however, the LEAF was completed by the applicant and quickly reviewed with the Board by Mr. Leja. Page 2 of 5 Town of Groton ZBA Meeting Minutes 20 November 2019 At the conclusion of this extensive discussion, a motion was made by Member Gaines that the Town of Groton Zoning Board of Appeals hereby declares itself Lead Agency under SEQRA for a proposed telecommunications tower, as requested. The motion was seconded by Member Fouts, with the vote recorded as follows: Motion carried. Ayes: Chairman Schiele Nays: None Member Fouts Member Gaines Member Darling Member Cerretani This becomes Action #9 of 2019. Town Attorney Casullo read aloud the items contained in Part 2 - Full Environmental Assessment Form - Identification of Potential Project Impacts, Nos. 1 thru 18, and Chairman Schiele recorded the Board's responses. Once completed, Attorney Casullo summarized the responses and advised that Part 3 needed to be completed. A motion was then made by Member Fouts that, based on the information and analysis of the SEQR concerning this application for a proposed telecommunications tower, the Town of Groton Zoning Board of Appeals has determined that the proposed action will not produce any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Gaines, with the vote recorded as follows: Motion carried. Ayes: Chairman Schiele Nays: None Member Fouts Member Gaines Member Darling Member Cerretani This becomes Action #10 of 2019. With no further questions or comments, those Board members present proceeded with the required "balancing test" for an area variance to permit a fall zone radius less than allowed, as follows: 1. Would there be an undesirable change in neighborhood character or to nearby property? Finding: No. All Board members agreed. 2. Can the benefit be achieved by other means feasible to the applicant? Finding: Yes. All Board members agreed. 3. Is the requested variance substantial? Finding: Yes. All Board members agreed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? Finding: No. All Board members agreed. 5. Has the alleged difficulty been self-created? Finding: Yes. All Board members agreed. Page 3 of 5 Town of Groton ZBA Meeting Minutes 20 November 2019 A motion was then made by Member Fouts to grant the Area Variance for the fall zone, as requested, with the tower hinge certified and designed for review and approval by the Town's engineer before any permit is issued. The motion was seconded by Member Dan Cerretani, with the vote recorded as follows: Motion carried. Ayes: Chairman Schiele Nays: None Member Fouts Member Gaines Member Darling Member Cerretani This becomes Action #11 of 2019. With no further questions or comments, those Board members present proceeded with the required "balancing test" for a narrower access road than allowed, as follows: 1. Would there be an undesirable change in neighborhood character or to nearby property? Finding: No. All Board members agreed. 2. Can the benefit be achieved by other means feasible to the applicant? Finding: Yes. All Board members agreed. 3. Is the requested variance substantial? Finding: Yes. All Board members agreed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? Finding: No. All Board members agreed. 5. Has the alleged difficulty been self-created? Finding: Yes. All Board members agreed. A motion was then made by Member Cerretani to grant the Area Variance for a 14 -foot wide access road, conditioned upon construction of a pull -off broadened to 20 feet in width for a minimum 30 feet in road length on or near the arc of the curve, based on the topography. The motion was seconded by Member Fouts, with the vote recorded as follows: Ayes: Chairman Schiele Nays: None Member Fouts Member Gaines Member Darling Member Cerretani Motion carried. This becomes Action #12 of 2019. With no further questions or comments, those Board members present proceeded with the required "balancing test" for a smaller lease area than allowed, as follows: 1. Would there be an undesirable change in neighborhood character or to nearby property? Finding: No. All Board members agreed. Page 4 of 5 Town of Groton ZBA Meeting Minutes 20 November 2019 2. Can the benefit be achieved by other means feasible to the applicant? Finding: Yes. All Board members agreed. 3. Is the requested variance substantial? Finding: No. All Board members agreed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? Finding: No. All Board members agreed. 5. Has the alleged difficulty been self-created? Finding: Yes. All Board members agreed. A motion was then made by Member Fouts to grant the Area Variance for a lease area smaller than allowed, as requested. The motion was seconded by Member Cerretani, with the vote recorded as follows: Motion carried. Ayes: Chairman Schiele Nays: None Member Fouts Member Gaines Member Darling Member Cerretani This becomes Action #13 of 2019. ADJOURNMENT At 9:12 p.m., a motion to adjourn was made by Member Fouts, seconded by Member Gaines, with all members present voting in the affirmative. Joan E. Fitch, Board Secretary Emailed to Supv., Town/Deputy Clerks, CEO Fritz, Attorney Casullo & Board Members on 12/17/19. Page 5 of 5