HomeMy WebLinkAboutResolution PB 18-03 RESOLUTION PB 18-03
RESOLUTION CONDITIONALLY APPROVING VERIZON SITE PLAN
REVIEW APPLICATION AND ISSUING SPECIAL USE PERMIT FOR 197'
CELL TOWER MODIFICATIONS AND RELATED IMPROVEMENTS
WHEREAS,an application was made by Bell Atlantic Mobil Systems of Allentown,Inc. d/b/a Verizon
Wireless, through Robert J. Brenner of Nixon Peabody, agent, for a site plan review approval and a
special use permit for the improvement and upgrade of the tower and an upgrade of antennae arrays
upon an existing 197' communications tower and previously approved site improvements located
upon a portion of land at 425 Conlon Road, Lansing, New York, being TPN 28.-1-1 (75.3 acres) in the
Rural Agriculture (RA)Zone,with the specific existing site and access roads and easements as set forth
in the project site plan mapping; and
WHEREAS,more particularly,the proposal is to make structural improvements to an existing 197' tall
lattice communications tower to colocate and upgrade antennae arrays to improve cell phone access
and network reliability,while also fulfilling infill and local coverage gap needs,all of which needs were
duly documented and proven to the satisfaction of the Planning Board, all together with related
electrical equipment, antennae, and tower bracing and infrastructure; and
WHEREAS, the developer has estimated 0 acres of disturbance will be the result of the proposed
project,which is below the 1 acre minimum threshold for a Full SWPPP,and this project is in otherwise
in compliance with current stormwater regulations, and such proposed tower and land use is a
permitted use under the Land Use Ordinance in the Rural Agriculture (RA) Zone, subject to obtaining
to plan review approval and a special use permit from the Planning Board; and
WHEREAS,the Planning Board has considered and carefully reviewed the requirements of the Town's
Laws relative to site plan review and the unique needs of the Town due to the topography, the soil
types and distributions, and other natural and man-made features upon and surrounding the area of
the proposed site plan, and the Planning Board has considered the Town's Comprehensive Plan and
compliance therewith, and the Planning Board has also duly considered the tower's siting and design
under Local Law #7 of 2015, including a review under the criteria of Article IV, entitled
"MODIFICATIONS OF EXISTING TOWERS AND FACILITIES," and this application meets the
requirements of § B therein and is an "eligible facilities request" under the federal Spectrum Act and
its implementing regulations, and the review criteria of Article V, § E of the Town's local law require
adherence with the Spectrum Act, such that this review is ministerial and an approval is recognized as
required, subject to public safety verification as to the structural changes and capacity of the tower
(which is related to the ministerial review under the building permit needed to so construct the town
and colocate the antennae array proposed); and
WHEREAS, this action was and hereby again is classified as a Type II Action under the State
Environmental Quality Review Act ("SEQRA"), such that no review is herein required as this is a
colocation request, qualifies as an eligible facilities request, and no substantial changes to the site are
proposed as would alter the prior environmental review or conclusions from when the tower was first
sited and the negative declaration is thus continued; and
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WHEREAS, General Municipal Law § 239 referrals were duly delivered to the Tompkins County
Planning Department of the revised plans and such Department responded by letter dated January 2,
2018 stating that the project will have no negative inter-community or county-wide impacts; and
VHEREAS,a public hearing was duly held upon January 22,2018 and the public was duly allowed to
speak upon and address the communications tower and the site plan and special permit application,
and all input and comments, if any, were duly considered, whereafter the Planning Board began
consideration of the terms and conditions of approval or denial of the site plan and special use permit;
and
WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now
therefore be it RESOLVED as follows:
1. Final Site Plan approval be and hereby is issued for this project for the proposed site area
improvements as located upon the afore-described 75.3± acre parcel, TPN 28.-1-1, as shown in and on
updated Site Plan Sheets dated 11/29/2017, drawn and sealed by Eric Kenna, P.E. of C&S Engineers
and visualization materials as submitted by the applicant to this meeting (together, the "Site Plans"),
all subject to the following conditions:
i. Developer will repair road and culvert access if they damage for the previously approved access
way to Conlon Road as indicated in said site plan. The owners of the tower will be in charge of
maintaining the access way.
ii. All new construction must meet the requirements of the New York State Building Codes and
a building permit must be duly obtained for all project improvements. Any fill material if brought
to the site shall require fill compaction testing, and verification of proper completion of compaction
and compaction testing shall be delivered to the Town's Code Enforcement Officer prior to the
close-out of any building permit(s).
2. A Special Use Permit be and is hereby issued and approved for the site plan and rehabilitation
of the 197' communications tower, subject to the following conditions:
i. That substantial construction be undertaken within one-year of the date of the approval of the
site plan approval.
ii. Prior to the issuance of any building permit, a review to be undertaken by an independent
structural engineer selected by the Town that verifies: (i) the proper design of the Tower and its
supporting structures; and (ii) that the material and structural designs proposed are properly
designed and have the potential to reduce the risks that potentially arise upon tower failure within
a reduced and approved fall zone.
iii. Submission of a decommissioning plan to remove Verizon equipment and Antennas and the
applicant will request that the owners of the tower to submit an updated decommissioning plan
and security therefor in a form as approved by the Town Board.
ited: January 22, 2018
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again is classified as a Type II Action under the State
Environmental Quality Review Act ("SEQRA"), such that no review is herein required as this is a
colocation request, qualifies as an eligible facilities request, and no substantial changes to the site are
proposed as would alter the prior environmental review or conclusions from when the tower was first
sited and the negative declaration is thus continued; and
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•
Motion by: Lin Davidson
Seconded by: Sandra Dennis Conlon
TOTE AS FOLLOWS:
Sandra Dennis Conlon- Aye
Lin Davidson-Aye
Al Fiorille - Aye
Larry Sharpsteen- Aye
Dean Shea, Alternate - Aye
Thomas Butler,2nd Alternate - Aye
Gerald Caward- Aye
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