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HomeMy WebLinkAboutPB Minutes 2004-07-27FILE DATE TOWN OF ITHACA PLANNING BOARD SPECIAL MEETING TUESDAY, JULY 279 2004 The Town of Ithaca Planning Board met in special session on Tuesday, July 27, 2004, in Town Hall, 215 North Tioga Street, Ithaca, New York, at 7:00 p.m. PRESENT: Fred Wilcox, Chairperson; George Conneman, Board Member; Larry Thayer, Board Member; Tracy Mitrano, Board Member; Rod Howe, Board Member; Jonathan Kanter, Director of Planning; John Barney, Attorney for the Town; Dan Walker, Director of Engineering; Christine Balestra, Planner, EXCUSED: Eva Hoffmann, Board Member; Kevin Talty, Board Member; Susan Ritter, Assistant Director of Planning; Mike Smith, Environmental Planner. OTHERS: Rick Couture, Ithaca College; Sandra Brooks, Verizon Wireless; Robert Burgdorf, Nixon Peabody; Brian Wilbur, Ithaca Fire Department; Brian Martinson, Ithaca College; Mikel Shakarjian, Tompkins County; Peter Penniman, Tompkins County Legislature; Lee Shurtleff, Tompkins County Department of Emergency Response. Chairperson Wilcox declared the meeting duly opened at 7:05 p.m., and accepted for the record Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on July 19, 2004 and July 21, 2004, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on July 21, 2004, Chairperson Wilcox read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD Chairperson Wilcox opened this segment of the meeting at 7:06 p.m. With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 7:07 p.m. AGENDA ITEM: SEOR Determination: Verizon Wireless Telecommunication Facility, 756 Dryden Road Robert Burgdorf, Nixon Peabody Good evening. My name is Robert Burgdorf, an attorney for the law firm Nixon Peabody and I'm here tonight on behalf of Verizon Wireless. Also with me is Sandra Brooks, who is the project manager in charge of getting this facility built. This PLANNING BOARD MINUTES JULY 27, 2004 APPROVED - AUGUST 17, 2004 - APPROVED application before the board is a result of the fact that Verizon Wireless has inadequate service in what we call our east Ithaca cell and the geographic boundaries of which you can see on the exhibit d.of the application, which shows the propagations. It is basically the area where Route 366 starts to come into and intersect with Route 13. In order to solve this coverage gap as well as relieve some capacity, it is a very high demand area for phones, in order to do that we need to place a transmitting facility, a technologically appropriate spot. It is very limited flexibility as to where you can place it. It essentially has to be in the center of the cell in order to provide service to the target area. Often what that means is that we have to build a tower in many, many instances. However, when the search area that area within flexibility is such that we find a tall enough structure, and we strive to do that. We strive to find an existing tower, or water tank, or building, something that gets the antennas high enough in the air in geographic located in the search area to provide service and we can do that that's our first choice. We prefer it. It's quicker and municipalities prefer it for aesthetic reasons and we were fortunately able to do that here. The water tank on Route 366 does provide adequate service to the east Ithaca cell and so we entered into a lease with the owners of the water tank in order to place an antenna on that water tank. I am happy to go into as much RF radio frequencies details that the board would like, but in this case, usually it is benefited to see whether or not you can co- locate. So I will just move right on and talk a little bit about the facility itself. Again, as you can see from the site plan and submitted materials, we are talking about placing an antenna on the tank. It is below the top of the tank so there is no silhouetting for aesthetic purposes. We can paint them the same color as the tank; also blend in as much as possible. And in the end this kind of a facility, this kind of a proposal is really a homerun for land use purposes for cell citing facility. It is a small equipment shelter at the base. There really is not much more to it than that. So with that, the approvals.. we made this application for site plan approval and special permit from the Planning Board. We've submitted, you can see in the application, exhibits a -j. Anything that is required in the Town of Ithaca ordinance, which is very clear when it comes to cell citing. And with that we would ask the board for special permit approval and site plan approval. But first if the board has any questions, we would be happy to answer those. Chairperson Wilcox — How many times have you done this? Roughly? Mr. Burgdorf — 900. Since 1989, probably about 900. Chairperson Wilcox — All right. Environmental impacts are what we are here for first? Are you aware of any significant environmental impacts with regard to...? Mr. Burgdorf — No, and we have submitted the eaf. And again, this is as straightforward as it comes. I'm not aware of any ... certainly not from the SEOR standpoint. We as tenants do not want a property that could have some environmental problems, and that has to be clear first. N PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED Chairperson Wilcox — I have a technical question. My own curiosity. On the tank right now is Cingular Wireless and it has nine antennas and T- Mobile has six antennas. Why does Verizon need 12 antennas? Mr. Burgdorf — I'm not an RF engineer, but I've spent enough time with them. And basically, each one is operated at a slightly different types of, I can't tell you exactly what Sprint is operating at, but they are all a little bit different. The cellular service you get with Verizon is a little bit different than you get with Sprint or different from Cingular. You as a consumer won't know the difference, but I'll give you an example. There is one called TDMA, there's one called CDMA. CDMA is what Verizon uses; it is call code division multiple access where the digital signal goes through and provides codes and they piggyback on a bunch of other ones split up by code. TDMA is time divisional multiple access. Think of it as a reel of film and you are placing different callers, separated by time, as an example. So even though the consumer is getting a wireless phone, the different companies use different types of technology and different frequencies. And they also are a factor of where the other facilities are because again, no cell site operates in a vacuum. It operates as part of a network and the ... change where they want to turn these so it could be that Verizon in conjunction with other facilities needs an extra set of panel antennas where as sprint or Cingular does not. That is not a precise answer, but that is the basic idea is that it is not all the same equipment or same... Chairperson Wilcox — I'm not an engineer either, just curious. Questions? Board Member Mitrano — No. Board Member Howe moved the SEQR motion; Board Member Conneman seconded the SEQR motion. PB RESOLUTION NO. 2004 -076: SEQR, Preliminary & Final Site Plan Approval and Special Permit, Verizon Wireless Telecommunication Antennas on Water Tank, Dryden Road /Route 366, Tax Parcel No. 65 -i -5.2 MOTION made by Rod Howe, seconded by George Conneman, WHEREAS. 1. This action is Consideration of Preliminary & Final Site Plan Approval and Special Permit for the proposed Verizon Wireless telecommunication facility located on the existing water tank at the McConville Barn of Cornell University, 756 Dryden Road /NYS Route 366, Town of Ithaca Tax Parcel No. 654-5.2, Low Density Residential zone. The project involves attaching twelve panel antennas approximately 93.5 feet high on the existing water tank, and installing an +1- -12'x 30' equipment shelter on a concrete pad near the base of the tank. Cornell University, Owner; Upstate Cellular Network d /b /a Verizon Wireless, Applicant; Robert W. Burgdon; Agent, and 3 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board, on July 27, 2004, has reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, and Part ll and Visual Addendum, prepared by Town Planning staff; a report entitled "Upstate Cellular Network d /b /a Verizon Wireless Application to Construct and Operate a Wireless Telephone Transmitting Facility in the Town of Ithaca, New York" prepared by Nixon Peabody LLP and dated June 22, 2004; plans entitled "Varna Water Tank" including sheet SU -1, entitled "Partial Topographical Survey," sheet C1, entitled "Site Plan & Notes," sheets C2 -C6, containing elevation notes, details and equipment shelter plans, and sheets E1 -E4, containing electrical and grounding details, all prepared by Costitch Engineering, and dated March 12, 2004; and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval and Special Permit; NOW, THEREFORE BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Mitrano, Thayer, Howe. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. Chairperson Wilcox closed this segment of the meeting at 7:12 p.m. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Verizon Wireless telecommunication facility located on the existing water tank at the McConville Barn of Cornell University, 756 Dryden Road, Town of Ithaca Tax Parcel No. 65 =1 -5.2, Low Density Residential zone. The project involves installing 12 panel antennas on the existing water tank and a +/- 12' x 30' equipment shelter on a concrete pad near the base of the tank. Cornell University, Owner, Upstate Cellular Network d /b /a Verizon Wireless, Applicant, Robert W. Burgdorf, Agent. Ll PLANNING BOARD MINUTES JULY 279 2004 APPROVED -AUGUST 17, 2004 -APPROVED Chairperson Wilcox opened the public hearing at 7:12 p.m. and invited members of the public to address the board. With no persons interested in speaking, Chairperson Wilcox closed the public hearing at 7:14 p.m. Board Member Thayer — It's pretty straightforward. Chairperson Wilcox — We've got two there already, number 3 ... co- location. We're all set. Chris, any comments from you? Ms. Balestra — Nothing. Chairperson Wilcox moved the motion and Board Member Thayer seconded the motion. PB RESOLUTION NO. 2004 -077: Preliminary & Final Site Plan Approval and Special Permit, Verizon Wireless Telecommunication Antennas on Water Tank, Dryden Road /Route 366, Tax Parcel No. 65 -1 -5.2 MOTION made by Fred Wilcox, seconded by Larry Thayer. WHEREAS. 1. This action is Consideration of Preliminary & Final Site Plan Approval and Special Permit for the proposed Verizon Wireless telecommunication facility located on the existing water tank at the McConville Barn of Cornell University, 756 Dryden Road /NYS Route 366, Town of Ithaca, Tax Parcel No. 654-5.2, Low Density Residential zone. The project involves attaching twelve panel antennas approximately 93.5 feet high on the existing water tank, and installing an +142'x 30' equipment shelter on a concrete pad near the base of the tank. Cornell University, Owner; Upstate Cellular Network d /b /a Verizon Wireless, Applicant; Robert W. Burgdorf, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval and Special Permit, has, on July 27, 2004, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, and a Part II and Visual Addendum, prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on July 27, 2004, has reviewed and accepted as adequate a report entitled "Upstate Cellular Network d /b/a Verizon Wireless Application to Construct and Operate a Wireless Telephone Transmitting Facility in the Town of Ithaca, New York" prepared by Nixon Peabody LLP and dated June 22, 2004; plans entitled "Varna Water Tank" including sheet SU -1, entitled "Partial Topographical Survey," sheet C1, entitled "Site Plan & Notes," sheets C2 -C6, containing elevation notes, details and 5 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED - AUGUST 17, 2004 - APPROVED equipment shelter plans, and sheets E1 -E4, containing electrical and grounding details, all prepared by Costitch Engineering, and dated March 12, 2004; and other application materials. NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the co- location of telecommunications antennas on an existing water tank, finding that the standards of Article XXIV, Section 2405, Subsections 1 -12, of the Town of Ithaca Zoning Ordinance, have been met. AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary & Final Site Plan Approval, as shown on the Preliminary & Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby waives the following requirements of Section 2604 of the Town of Ithaca Zoning Ordinance, relating to the construction and maintenance of Telecommunication Facilities: a. an inventory report specifying existing telecommunication facility sites and evaluation of opportunities for shared use, be the dimensional standards indicating the fall zone having a radius equal to the height of attached antennae, cm the agreement to negotiate with subsequent applicants seeking to co- locate telecommunication facilities on the initial applicant's structures, and do the vegetative buffering surrounding the fence containing the equipment cabinet to buffer the view from neighboring residences and public roads. 3. That the Town of Ithaca Planning Board hereby grants Preliminary & Final Site Plan Approval for the proposed Verizon Wireless telecommunication facility located on the existing water tank at the McConville Barn of Cornell University, 756 Dryden Road /NYS Route 366, Town of Ithaca Tax Parcel No. 654-5.2, as shown on plans entitled, "Varna Water Tank," prepared by Costitch Engineering, and dated March 12, 2004, subject to the following conditions: a. Submission, prior to the issuance of a building permit, of a copy of the negotiated lease agreement between the applicant and the property owner (Cornell University), for the location of telecommunication antennas on the water tank, 0 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED b. Submission, prior to the issuance of a building permit, of a financial security bond for the removal of the telecommunications facility in the amount of $50,000, as per Section 2604 (12)(b) of the Town of Ithaca Zoning Ordinance, which is to be approved by the Attorney for the Town, C, Submission, prior to the issuance of a building permit, of a large size original of the final site plan (Sheet No. C1 - Site Plan & Notes) on mylar, vellum, or paper, bearing the original stamp, seal, and signature of the licensed engineer who prepared the site plan, to be retained by the Town of Ithaca, and d. In order to minimize potential negative aesthetic impacts, the cellular antennas are to be painted to match the existing water tank. A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Mitrano, Thayer, Howe. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. AGENDA ITEM: SEOR Determination: Tompkins County South Hill Communication Tower, Ithaca College Campus Chairperson Wilcox opened this segment of the meeting at 7:15 p.m. Mikel Shakarjian, Tompkins County I just wanted to be here to answer any questions. We...a revised eaf along with a resolution issuing a negative declaration for this unlisted action. I have also given you a site plan. It is a little bit draft still ... things inside the fence might move around a bit. I don't know if you wanted me to go through the site plan first, or if you have questions on SEQR. Chairperson Wilcox - Was anybody not here when they presented previously and would like to see that presentation again? Board Member Mitrano - No. Chairperson Wilcox - Questions with regard to environmental review? Board Member Howe - Did you two see anything when you walked around that you think we should pay attention to? 7 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED Board Member Thayer — Lots of woods. Chairperson Wilcox — Lots of woods. The existing ICB tower is 29 years old, right? Yeah, 1975 so it is 29 years old. It is galvanized steel and I saw very little rust on it. It's still galvanized. I think that is actually very good. I think that says something about how long we might be able to expect this pole to remain looking galvanized instead of looking rusty. There was a section of the bottom and looking up I saw a tiny little spot. I was impressed as to how little rust there was on the existing tower. Board Member Thayer — It will be nice to get rid of the guy wires. Chairperson Wilcox — Yes. It would be nice. Absolutely. There is nothing special about the site. You have the Ithaca College Water Tower with lots of graffiti on it, which is an eyesore but you can't see it up there. There is the propane tank near the existing facility, which provides for the backup generator to run the existing tower in case of a power failure. Trees are nothing ... the only thing I can remember is that there is one tree that is of some concern that might have to be cut based upon the materials. Other than that, the site is pretty well disturbed with the road, the water tank, the road construction to the observatory. Other than that, I think those are my observations with the site visit. I was thinking about the visual impact of the tower and there were a couple ways I thought about it. I could think of it as 30 feet being extended on top of the existing 150 -foot tower and it is really the additional impact that it would present since the existing one would be taken down and the new one is 30 feet away. Then I thought about for some of us who travel around the Town and look across the valley to the other hills. I was thinking about being on East Hill and looking across to South Hill where the Deerrun subdivision is and you can really see the Deerrun subdivision up there on South Hill. Or if you're on South Hill looking across at West Hill to where West Village is, really ugly. Then the third thing I was thinking about was I was coming down here this evening as I was coming down Route 13 and as you make the bend at the Cayuga Heights exit, there's Ithaca College Twin Towers right there in front of me and you don't see the tower. Now what is the visual impact of those other things, the towers, the existing dormitory towers, Deerrun, then West Village and trying to compare that visual impact to this pole. Yeah, the pole is ugly, but its impact compared to large structures in and around the area that you can see from one hill across to the other is negligible. Board Member Mitrano — I agree with that. Chairperson Wilcox — So that is my feeling on that and its difficult to see. Maybe the monopole's better than the lattice, but you can see through the lattice and the monopole you can't. Board Member Conneman — Can you tell the difference between 180 foot and 150 foot in a distance? PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED Chairperson Wilcox — I don't think you can. Board Member Conneman — I can't. Chairperson Wilcox — I don't think anybody can. Mr. Kanter — If it was mentioned before, the visual simulation photos that were distributed and the packet from the last meeting we will just send around again just so you could recall them and take a look at them. They aren't from all those different points that we talked about, but they do cover pretty much the perimeter of the campus. Board Member Mitrano moved the SEQR motion; Board Member Howe seconded the motion. Mr. Kanter — The County made a separate SEQR negative declaration and we are basically using their EAF materials and our draft resolution reflects the same finding the County made. Chairperson Wilcox — I asked you this before, let me ask you this again. Why are we doing a SEQR after the County did a SEQR? Mr. Kanter — Because we can. In this case it is an unlisted action, if it were a type 1 action that would have been different. Chairperson Wilcox — Then we would have had a coordinated review and someone would have taken lead agency status, but because it was not a type 1... Mr. Kanter — Right. So in this case being unlisted both the County and the Town can do uncoordinated reviews as lead agencies. Chairperson Wilcox — Very good. Thank you. PB RESOLUTION NO. 2004 -078: SEQR, Preliminary & Final Site Plan Approval and Special Permit, South Hill Tower Redevelopment at Ithaca College, Danby Road, Tax Parcel No. 414-30.2 MOTION made by Tracy Mitrano, seconded by Rod Howe. WHEREAS. 1. This action is Consideration of Preliminary & Final Site Plan Approval and Special Permit for the proposed Tompkins County South Hill communication tower located on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41- 1 -30.2, Medium Density Residential zone. The project involves construction of a 180 -foot self - supporting monopole tower and a 300 square foot (12' x 25) building located adjacent to the existing Ithaca College's 150' guyed tower for the 0 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED County's Public Safety Communication System. The existing Ithaca College tower will be removed once the existing transmitters are relocated to the new structure. Ithaca College, Owner /Applicant; Tompkins County, Co- applicant; Mikel Shakarjian, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to Site Plan Approval and Special Permit, and 3. The Planning Board, on July 27, 2004, has reviewed and accepted as adequate a Full Environmental Assessment Form Part I, Part II and Visual Addendum, all submitted and prepared by the applicant; a memo with updated information submitted by Tompkins County (dated July 19, 2004), which includes a site plan for the Ithaca College tower proposal, prepared by infinigy engineering, dated 7115104, and design load /construction requirements (stamped "Confidential'); materials previously provided for the June 1, 2004 Planning Board meeting, including a memo from Tompkins County (dated May 17, 2004) with project details, photo simulations prepared by Clough, Harbour & Associates, dated February 6, 2004, and the FAA "Determination of No Hazard to Air Navagation" (issued 418104); and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval and Special Permit; NOW, THEREFORE BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced actions as proposed and, therefore, an Environmental Impact Statement will not be required. A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Mitrano, Thayer, Howe. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and. Final Site Plan Approval and Special Permit for the proposed Tompkins County South Hill communication tower located on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41-1- 30.2, Medium Density Residential zone. The project involves construction of a 180 -foot self- supporting monopole tower and a 300 square foot (12' x 25') building located adjacent to the existing Ithaca College's 150' guyed tower for the 10 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED County's Public Safety Communication System. The existing Ithaca College tower will be removed once the existing transmitters are relocated to the new structure. Ithaca College, Owners Tompkins County, Applicants Mikel Shakarjian, Agent. Chairperson Wilcox opened the public hearing at 7:25 p.m. and invited members of the public to address the board. With no persons interested in speaking, Chairperson Wilcox closed the public hearing at 7:25 p.m. Chairperson Wilcox — I would like to thank Ithaca College for working with the County and coming up with a solution that mitigates the environmental impacts and benefits both the County, Ithaca College, and benefits hopefully all the residents of the County as well. Mikel, if you would come back. You do have to go to the Zoning Board, as you know for the height variance. I don't know when that would be scheduled. What's your best guess as to when construction will begin? Ms. Shakarjian — At this point, Ithaca College has relieved us of the requirement to complete construction before the semester begins. Until the County signs off on engineering designs, they will not put in the manufacturing order. So I would say that we are at least eight weeks out. Chairperson Wilcox — Now if you could answer this, wonderful, if not, you have some additional people who might be able to help. There was a lot of press last week about the County Board of Reps talking about the rest of the system, rather there was going to be nine towers or twelve towers and all that. My understanding is that no matter what is done this tower is a crucial part of the entire system. Ms. Shakarjian — Absolutely. ' Chairperson Wilcox — And though the rest of the system, the design and the rest of it, the locations of the towers, etc., etc., hasn't been totally flushed out. That doesn't affect this tower in terms of its placement or height or facilities. Ms. Shakarjian — Right. We inspect it to meet all of our needs in the future. So we don't expect anything to change. There is a little modification that could be made in the shelter size. You have already reflected that in your notice earlier, however, we are going to try to keep to 12x16. Chairperson Wilcox — Have you seen the draft resolution that was provided us? Ms. Shakarjian — No, I have not. 11 PLANNING BOARD MINUTES JULY 279 2004 APPROVED -AUGUST 17, 2004 -APPROVED Chairperson Wilcox — I want to show that to you so you have an opportunity to loot at it. If you want to quickly read that to see if you understand it and if you have any objections, please let us know. Mr. Kanter — There are several requested waivers and modifications, which are a little different from the other antennas that we dealt with. One has to do with the fall zone because of the structural design of the tower to be able to fall and buckle under a 70 foot...so that's what the letter from the summit group was about. So that modification would be instead of having a fall zone equal to the tower height to make it 70 feet. And the vegetative buffer, it seems apparent because of the nature of the wooded area around it there is no need for that and also we're recommending the financial security bond for removal of the facility be waived in this case because of the relation between the County and Ithaca College. Chairperson Wilcox — Okay. Another issue with regard to the fall zone I think is that it is important that you have a fall zone so that a tower doesn't fall onto neighboring property and damage it. Here, if it falls, it falls on Ithaca College's property and Ithaca College's facilities and they've agreed to take that risk and understands the risks and understand what has been done to mitigate it. Okay. Attorney Barney — Who would bear the responsibility to remove the tower when it is no longer needed? Mr. Kanter — My understanding is, briefly, that there is a provision in the lease between the County and Ithaca College that includes that, which is one of the reasons why we would like to see the lease provisions. Ms. Shakarjian — If I heard it correctly, the question was who would be responsible for taking it down? Attorney Barney — Yeah. We are waiving the bonding. Normally, we require a bond for removal once the tower is no longer used. We're waiving it, but then I think quite frankly, in exchange for waiving it we probably want an agreement from somebody running to the Town of Ithaca that upon its obsolesces or when it ceases to be used as a tower it will in fact be removed and who is going to bear the financial responsibility for that removal. Ms. Shakarjian — That is actually part of the lease arrangement that we have with Ithaca College. The County is responsible for removing the tower in the event that we don't need it anymore and they don't need it any more. Attorney Barney — Is it possible that we could get some sort of agreement that ... maybe it ought to run from both Ithaca College and the County to the Town if and when the tower is no longer used or it will in fact be removed within the time period within our statue which I think is six months or a year and that upon failure to do that...) would have to think about how we would want to word it, but basically have something in there ITtl PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED that says the it will in fact be done within that time period and failure to do that is breech of contract with the Town. Ms. Shakarjian — I think that would be fine. Brian Martinson, Ithaca College Brian Martinson, 146 Troy Road, I am with the office of Vice President of Finance and Administration of Ithaca College. My only concern is that we have structured a lease that if they don't want it, we get the option of either accepting it or they have to remove it, but we would want the situation to occur where if they don't want it, it has to be removed. Attorney Barney — I understand. If you use it that's fine, but then the County is out of the picture and then I think Ithaca College should be responsible for the removal if subsequent to that time you choose not to use it or it ceases to be used as a communication tower. All I want to have from the Town's standpoint if we don't have this bond or money sitting in our bank account to assure that it will be removed, then we will have a promise from two financially responsible entities that they will take care of it and it will in fact be removed. Chairperson Wilcox — Okay. Attorney Barney — Second question that I have... Chairperson Wilcox — We should be honest. It is unlikely to be removed even if the County is no longer using it because it serves WICB at this point, but it is possible at some point. Attorney Barney — The second question that I have is, there is what sort of an opinion letter from structural engineers addressed to Midstate Communications. I'm not entirely clear who Midstate Communications is, but would it be a problem to get this opinion broaden out slightly to say that the pole and the foundation and all the appurtances to it have been designed in accordance with appropriate engineering standards and that in the opinion of this engineer, running to the Town of Ithaca, the pole will fall the way they say it is going to fall within the 70 foot break off point and basically repeating what they have in this letter. They seem to be very assured that it is designed correctly, but I'd like, I think, to have the opinion not going to Midstate, but we would like to be on that opinion and have that opinion come to the Town of Ithaca as well. Ms. Shakarjian — So the same letter to the Town? Attorney Barney — I want to make sure ... they talk about the pole a lot in here and the pole is only as good as the foundation. So I would want the opinion to be broadened out to say that the foundation is constructed appropriately and that the pole that has been constructed on it, the whole combination basically, would fall in their opinion in the way they say it is going to fall, if the wind stress exceeds... 13 PLANNING BOARD MINUTES JULY 279 2004 APPROVED - AUGUST 17, 2004 - APPROVED Ms. Shakarjian — That shouldn't be a problem. Attorney Barney — And addressed to the Town of Ithaca. Mr. Kanter — I don't know if your copy has the foundation plan that I understand will be stamped by an engineer as well so that... Attorney Barney — We still don't have the stamped drawings, but I want in this case even one step further because of the nature. Normally we would have a fall zone be the whole 180 feet and then some. So again we are prepared to waive that requirement, but what we need back is assurance that indeed the waiver doesn't really jeopardize the people outside or the property outside... in this particular case, 75 feet away. Chairperson Wilcox — Peter and Mikel, have you had a chance to review the draft resolution? Peter Penniman, Tompkins County Legislature (Mr. Penniman's comments not audible) The County is pursuing this project with the understanding that we are not technically subject to local zoning and land use rules. However, we are here because we want to do everything we can to cooperate with you, make adjustments as necessary. There has been, I know, extensive litigation on this subject. I'm not an attorney, but there is, even, I believe been litigation between the Town and County ... this Town and the County on the matter. We're following a case and I can't cite it, but it essentially states that if what they call the invading municipality feels that they need to not follow the local zoning they need to first do a balancing test with nine items to show that they've sought public input, they've reviewed the essential need of the facility, these things. And the County has passed a resolution essentially adopting that stance for this particular project. So, you know, our perspective is one of taking under advisement your feedback, therefore it is difficult for us to agree to appeal your decision and go to the Zoning Board of Appeals, to do that would be to essentially accept that we are subject to your decision. So I guess my first question is do you have the power to grant the full height or is this only way the process can be handled? Secondly, I would say we are simply willing to attend additional meetings and get further feedback if necessary, but there is a legal question there that I can't really address further than that, but I wanted to let you know what our position is. Board Member Mitrano — I can't wait to hear your comments, John. Mr. Kanter — I thought this was going to be a short meeting. Attorney Barney — You'll have to pull me down from the ceiling. We have a slightly different viewpoint, which is probably no big surprise. That case that you cited didn't say that the invading municipality makes that balancing determination. In fact, that case 14 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED - AUGUST 17, 2004 - APPROVED didn't decide who would make that determination, but it cited a whole series of out of state cases, and this is the highest court in the State of New York, that the host municipality was the one that initially made that balancing act determination as to whether you need to go through the process or whether the process should be waived because of the overwhelming general public good or the nature of the particular project. I hadn't realized this was even an issue at this point because I assumed by the fact that you are here before the Planning Board that the County was prepared to at least go through the processes. By doing so, I don't think you waive any right that you might have to challenge whether you had the obligation to go through it or not and I think we are prepared to stipulate to that. I don't think anybody is saying we're holding a gun to your head, but it is our position that you are subject to our review, if you want to make the application to say that we don't have that right to review and have the Town do the balancing act, I quite frankly think the appropriate board to do that is the Board of Zoning Appeals, not the Planning Board, but it is not something that I have really dug into because I didn't realize that was a concern. In answer to your second question, the Board of Zoning Appeals is the board that grants height variances and, I think, the only board that has the ability to do that in this context. I quite frankly ... I sit at all of the meetings with the Board of Zoning Appeals as with this board and the Town Board, and if I were sitting in your shoes I would not have any great fear that you are going to have any difficulty getting the variance request, obviously I can't speak for that board and I can't guarantee what they are going to do, but generally they are very reasonable in the approaches. They look at the needs and clearly there is a community need for this and I would suspect that there would not be an issue about getting the variance, but the process is there and it is the Town's process. This board does not have any authority to grant any thing other than site plan approval and if the County wants to take the position that you're not subject to it, then I guess we can go back before Judge Relihan or whoever we wind up in front of and have them determine the issue. The lawsuit that went on between the Town and the County, the Town at the time was challenging the County's ability to build the highway facility out on Bostwick Road. And because the Town thought they would be nice to the County, they didn't seek immediately a preliminary injunction stopping the construction. The building was already under construction and the Town let it go. The County in its response to the proceedings ceased upon the fact that there is some law that says if we don't seek the immediate injunction, we are in affect allowing the matter to become moot because the construction gets done by the time it reaches the appellant court and that's exactly what happened. The Town of Ithaca lost the case in the appellate division not on the merits, but on the technical grounds because we were such nice people and the County took advantage of that the court never reached the merit. I think if the court had reached the merits we would have won. I realize I have an opinion and I'm quite sure there are people at the County that might have a different one, but that's my biased viewpoint on it after having litigated the matter all the way up to that point. And I would love, quite 15 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED - AUGUST 17, 2004 - APPROVED frankly, the opportunity to go back to court and get that decided on the merits. So if the County wants to do that, by all means tells us you are going to do that and I'll take it to the Town Board and see if they want to fund another substantial amount of money and if the County wants to fund substantial amount of money, then lets get an answer to the question once and for all. On the other hand, if you want to get the tower built in a reasonable period of time, because quite frankly with the experience that we had the last time the first thing we are going to do is go in and ask for a preliminary injunction to get that instruction. Then if we don't get it then at least we've asked for it and then we have protected our record all the way up through the courts. I quite frankly think you are probably better off going through the process and if at the end you don't like the result then taking us to the court at that juncture. Mr. Penniman — I apologize for not raising this sooner, but I really wasn't sure that it would matter and I'm still not sure. I am certainly willing to work with you probably to the extent of your process, but I wanted to raise it now just to let you know that there is some discussion of the subject going on. Board Member Mitrano — How does your partner feel about this, Madam, being raised at this juncture? Mr. Penniman — My partner? Board Member Mitrano — Ithaca College. Mr. Martinson — Our position is that we are simply wanting to allow the County access to the land for the public good to be able to build a tower. We are not involved in anything beyond that. We would rather see it done as efficiently and quickly and peacefully as possible. Board Member Mitrano — And how about the stakeholders, such as the gentleman sitting here? What is their position with respect to yours this evening? Don't you have law enforcement stakeholders involved? Brian Wilbur, Ithaca Fire Department Hi. My name is Brian Wilbur. I'm the Ithaca Fire Chief. I'm in charge of providing fire protection to most of the places you all live. I can tell you that we need to tower yesterday. We need it last year. We need it desperately. I'm anxious to see it built and I think that is obvious. The mutual discussion right now is of concern to me and I'm looking for an end or a way through it and that's my position. We need it built and you need it built quite frankly because our communications system as it is right now is at risk. It is subject to catastrophic failure and we can't afford any more time. Board Member Mitrano — So you are not eager to have the Town try to represent this abstract legal issue at the sacrifice of your needs? Mr. Wilbur — Not at all. 16 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED Board Member Mitrano — Thank you. Mr. Kanter — Mr. Chair? Chairperson Wilcox — Jon? Mr. Kanter — Just to clarify why this is a suggested condition in the resolution is that as we were starting to say, the Planning Board does not have the authority to outright approve the site plan if in fact it is not in conformance with our own zoning. And so we have to at least flag the fact that there may be a variance needed. The question of who or legally whether anybody is going to pursue it is an entirely separate question, but this is in here because of the fact the height of the structure does not conform to our zoning. That is all that should be interpreted by it. So the rest of the discussion on process is something outside of the realm of this board. Board Member Mitrano — That is all that I was curious about. Attorney Barney — The inclusion of this provision is a standard provision is basically in all of our site plan decisions where there is a variance from what the zoning ordinance permits. It doesn't in any way prejudge or indicate the feeling that something should not be granted just because we are saying it is not our authority as a Planning Board to make that decision. That rests in a different body and that body is the Board of Zoning Appeals. Chairperson Wilcox — Thank you, John. Lee Shurtleff, Director of Emergency Response I'm Lee Shurtleff, Director of the Department of Emergency. Response, 92 Brown Road. My department will be the one operating the communication system provided for public safety. I can't speak to the difference in opinion between the Town and the County with regard to which processes need to be followed. I can only speak to the point that this is part of a very well coordinated, synchronized system or it needs to be part of such a system and any adjustments that are made informally with any one particular tower site with regard to height or frequencies or what have you, causes the system wide change. I have great fears going through nine or ten or eleven different processes and each one causing adjustments that are going to return us back to each town every time we to raise or lower or relocate towers to make a system wide function. That is all I can really speak to, but it makes it very complicated to try to build one by one by one. We. know this is a key site in the system and it has to go in at 180 feet. Chairperson Wilcox — I wish this hadn't come up, but I guess it did. Comments with regard to the draft...? 17 PLANNING BOARD MINUTES JULY 279 2004 APPROVED - AUGUST 17, 2004 - APPROVED Attorney Barney — One last question and I'll let the issue dissipate for the night. Who is the applicant? Is this Ithaca College? Who is going to own the tower when it is said and done? Ms. Shakarjian — The County will own the tower. Attorney Barney — The land is Ithaca College's land so there will be a lease between Ithaca College and the County. Mr. Kanter — We've actually represented this on all our notices. Everything is co- applicants. Chairperson Wilcox — Anything you want to say, Peter? Mr. Penniman — No thanks. Chairperson Wilcox — Any other comments, questions? Chairperson Wilcox moved the draft resolution; George Conneman seconded the motion. Attorney Barney — Two things. An opinion from ... who hired these engineers? The County? Ms. Shakarjian — They must have been hired through Motorola. Attorney Barney — Who is Midstate Communications? Ms. Shakarjian — They are a local radio communication firm that we use quite a bit. Chairperson Wilcox — Are they a consultant? Ms. Shakarjian — They would be a consultant to Motorola. It would be a subcontractor. Attorney Barney — I would think the County might want to have the same opinion addressed to them as well. I would like to add in paragraph a in addition to the stamped materials, an opinion from Paul J. Ford and Company or other competent structural engineers that the foundation and pole as complete structures meets design standards for this area. And then in item i, adding a provision and submission of an agreement satisfactorily to all parties including the Town of Ithaca that either Ithaca College or the County will remove the tower when it is no longer needed as a communications tower by either the County or Ithaca College, Chairperson Wilcox — Does communications include radio broadcasting? Attorney Barney — I would think so. PLANNING BOARD MINUTES JULY 27, 2004 APPROVED - AUGUST 17, 2004 - APPROVED Chairperson Wilcox — Those are acceptable to me. George? Board Member Conneman — All set. John, were you going to add something under h or not? Attorney Barney — There isn't anything to be added. Board Member Thayer — How big is the base of the tower? Ms. Shakarjian — The base of the tower is 53 inches. It is about 4.5 feet and tapers to 23 or 24 inches at the top. PB RESOLUTION NO. 2004 -079: Preliminary & Final Site Plan Approval and Special Permit, South Hill Tower Redevelopment at Ithaca College, DanbV Road, Tax Parcel No. 41 -1 =30.2 MOTION made by Fred Wilcox, seconded by George Conneman. WHEREAS. 1. This action is Consideration of Preliminary & Final Site Plan Approval and Special Permit for the proposed Tompkins County South Hill communication tower located on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41- 1 -30.2, Medium Density Residential zone. The project involves construction of a 180 -foot self - supporting monopole tower and a 300 square foot (12' x 25) building located adjacent to the existing Ithaca College's 150' guyed tower for the County's Public Safety Communication System. The existing Ithaca College tower will be removed once the existing transmitters are relocated to the new structure. Ithaca College, Owner /Applicant; Tompkins County, Co- applicant; Mikel Shakarjian, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval and Special Permit, has, on July 27, 2004, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, Part ll and Visual Addendum, all submitted and prepared by the applicant, and 3. The Planning Board, at a Public Hearing held on July 27, 2004, has reviewed and accepted as adequate a memo with updated information submitted by Tompkins County (dated July 19, 2004), which includes a site plan for the Ithaca College tower proposal, prepared by infinigy engineering, dated 7115104, and design load /construction requirements (stamped "Confidential'); materials previously provided for the June 1, 2004 Planning Board meeting, including a memo from Tompkins County (dated May 17, 2004) with project details, photo 19 PLANNING BOARD MINUTES JULY 273 2004 APPROVED - AUGUST 17, 2004 - APPROVED simulations prepared by Clough, Harbour & Associates, dated February 6, 2004, and the FAA "Determination of No Hazard to Air Navagation" (issued 418104); and other application materials. NOW THEREFORE BE IT RESOL VED: That the Planning Board hereby grants Special Permit for the construction of the proposed South Hill communication tower and related facilities and the installation of the County's microwave transmitters necessary for the County Public Safety Communication System, and the WICB radio transmitter antennae, finding that the standards of Article XXI V, Section 2405, Subsections 142, and Article XXVI, Section 2604, Subsection 3 of the Town of Ithaca Zoning Ordinance, have been met. AND BE IT FURTHER RESOLVED: 16 That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary & Final Site Plan Approval, as shown on the Preliminary & Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby waives the following requirements of Article XXVI, Section 2604 of the Town of Ithaca Zoning Ordinance, relating to Telecommunication Facilities: a. the dimensional standards indicating the fall zone having a radius equal to the height of the tower and any attached antennae be modified to require a fall zone with a radius of 70 feet, since the tower is designed for any collapse to be contained within said 70 foot radius, and b, the vegetative buffering surrounding the fence containing the equipment cabinet to buffer the view from neighboring residences and public roads due to the isolated location of the proposed tower and the ability of surrounded woods to provide an effective buffer, and C, the financial security bond for removal of the telecommunications facility and property restoration, and 3. That the Town of Ithaca Planning Board hereby grants Preliminary & Final Site Plan Approval for the construction of the proposed South Hill communication tower and related facilities and the installation of the County's microwave transmitters necessary for the County Public Safety Communication System, and the WICB radio transmitter antennae, located on the Ithaca College campus off of Danby Road, Town of Ithaca Tax Parcel No. 414-30.2, as shown on the above - referenced plans and materials, subject to the following conditions: 20 PLANNING BOARD MINUTES JULY 279 2004 APPROVED - AUGUST 17, 2004 - APPROVED a. Submission, prior to the issuance of a building permit, of a copy of the negotiated lease agreement between Tompkins County and Ithaca College, for the construction of the proposed communications tower and related facilities, b. Submission, prior to the issuance of a building permit, of a large size original of the final site plan drawing on mylar, vellum, or paper, bearing the original stamp, seal, and signature of the licensed engineer who prepared the site plan, to be retained by the Town of Ithaca, and C, Submission, prior to issuance of a building permit and of any on -site clearing, of details of tree removal in the vicinity of the proposed tower and the extent of the new tree -line of the wooded area surrounding the tower, and d. Submission, prior to issuance of certificate of completion /occupancy of an agreement between Tompkins County and Ithaca College to paint the tower in the future if the galvanized surface of said tower becomes discolored and unsightly, and e. Submission, prior to the issuance of a building permit, of final detailed tower design and foundation plans, signed and sealed by a licensed engineer, for review and approval of the Director of Engineering and Director of Planning, together with an opinion from Paul J. Ford and Company or other competent structural engineers, licensed in the State of New York, to the effect that the tower, foundation, and all facilities related to the structure are designed in full compliance with standards applicable to the area in which the tower is being constructed, and f. Submission of a report regarding testing of electromagnetic radiation levels of equipment to be installed on or related to the proposed tower, for review and approval of the Director of Engineering, prior to installation of said equipment, and g. Submission, prior to installation, of construction details of the shelter and generator, for review and approval of the Director of Engineering and Director of Planning, and h. Granting of any necessary variances by the Zoning Board of Appeals regarding the height of the tower or attachments, prior to issuance of any building permits, and i. If it is determined in the future that the tower is no longer needed by Tompkins County, and is not desired by Ithaca College, the County will have the tower and equipment dismantled and the area restored, and an agreement to that effect between the College, the County and the Town, 21 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED -AUGUST 17, 2004 -APPROVED satisfactory to all three parties, is to be executed prior to the issuance of any building permit, and j. Submission of copies of all necessary permits or approvals from county, state, and /or federal agencies. AND BE IT FURTHER RESOLVED. That the Planning Board does hereby recommend that the Town of Ithaca Town Board waive all relevant Town application fees for the South Hill communication tower project because of the public safety purposes to be served by the proposed communication tower and facilities. A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Mitrano, Thayer, Howe. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. AGENDA ITEM: APPROVAL OF MINUTES — July 20, 2004 PB RESOLUTION NO. 2004 -080: Approval of Minutes — July 20, 2004 MOTION by Fred Wilcox, seconded by Tracy Mitrano RESOLVED, that the Planning Board does hereby approve and adopt the July 20, 2004 minutes as the official minutes of the Town of Ithaca Planning Board for the said meetings as presented with corrections. The vote on the motion resulted as follows: AYES: Wilcox, Conneman, Mitrano, Thayer, Howe. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. AGENDA ITEM: OTHER BUSINESS The board briefly discussed board - training sessions. It was decided to post -pone the discussion until all board members were present. They thought it might be beneficial to have a fall training session. Board members interested in attending the New York State 22 PLANNING BOARD MINUTES JULY 27, 2004 APPROVED - AUGUST 17, 2004 - APPROVED Planning Federation need to contact Jonathan Kanter, Chairperson Wilcox encouraged board members to go if they have not attended before. Attorney Barney gave the board an update on the Overlook at West Hill Lawsuit. Mr. Kanter gave the board an overview of agenda items on the August 17th agenda. AGENDA ITEM: ADJOURNMENT Upon MOTION, Chairperson Wilcox declared the July 27, 2004 meeting of the Town of Ithaca Planning Board duly adjourned at 8:04 p.m. Respectfully Submitted, Carrie Coates W Nitmore Deputy Town Clerk 23 TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Special Meeting Tuesday, July 27, 2004 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Verizon Wireless Telecommunication Facility, 756 Dryden Road. 7:10 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Verizon Wireless telecommunication facility located on the existing water tank at the McConville Barn of Cornell University, 756 Dryden Road, Town of Ithaca Tax Parcel No. 65- 1 -5.2, Low Density Residential zone. The project involves installing 12 panel antennas on the existing water tank and a +/- 12' x 30' equipment shelter on a concrete pad near the base of the tank. Cornell University, Owner, Upstate Cellular Network d/b /a Verizon Wireless, Applicant, Robert W. Burgdorf, Agent. 7:15 P.M. SEQR Determination: Tompkins County South Hill Communication Tower, Ithaca College Campus, 7:20 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Tompkins County South Hill communication tower located on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1 -30.2, Medium Density Residential zone. The project involves construction of a 180 -foot self - supporting monopole tower and a 300 square foot (12' x 25') building located adjacent to the existing Ithaca College's 150' guyed tower for the County's Public Safety Communication System. The existing Ithaca College tower will be removed once the existing transmitters are relocated to the new structure. Ithaca College, Owner; Tompkins County, Applicant; Mikel Shakarjian, Agent. 6. Persons to be heard (continued from beginning of meeting if necessary'). 7. Approval of Minutes: (none available). 8. Other Business: 9. Adjournment. Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY SANDY POLCE AT 273 -1747. (A quorum of four (4) members is necessary to conduct Planning Board business.) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, July 27, 2004 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca at a Special Meeting on Tuesday, July 27, 2004, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:10 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Verizon Wireless telecommunication facility located on the existing water tank at the McConville Barn of Cornell University, 756 Dryden Road, Town of Ithaca Tax Parcel No. 65- 1 -5.2, Low Density Residential zone. The project involves installing 12 panel antennas on the existing water tank and a +/- 12' x 30' equipment shelter on a concrete pad near the base of the tank. Cornell University, Owner, Upstate Cellular Network d/b /a Verizon Wireless, Applicant, Robert W. Burgdorf, Agent. 7:20 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Tompkins County South Hill communication tower located on the Ithaca College campus, Town of Ithaca Tax Parcel No. 41 -1 -30.2, Medium Density Residential zone. The project involves construction of a 180 -foot self - supporting monopole tower and a 300 square foot (12' x 25') building located adjacent to the existing Ithaca College's 150' guyed tower for the County's Public Safety Communication System. The existing Ithaca College tower will be removed once the existing transmitters are relocated to the new structure. Ithaca College, Owner; Tompkins County, Applicant; Mikel Shakarjian, Agent. Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearings. Jonathan Kanter, AICP Director of Planning 273 -1747 Dated: Monday, July 19, 2004 Publish: Wednesday, July 21, 2004 �' 5�5:Ad�yAc-^ �� � ''cam �1°- �£ �'he�Ithaca�JournalL �R m.y.�...rt�:,�r��.�'ze:�i.,,s�3 sal �:a�Ei'' -� �` �'V�¢edneY sdaydJuly21� 2004+ TOWN OF ITHACA PLANNING BOARD SIGN -IN SHEET DATE: July 27, 2004 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS /AFFILIATION =-c-�A ck., , r TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Sandra Polce being duly sworn, depose and say that I am a Senior Typist for the Town of Ithaca, Tompkins County, New York; that the following Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal. Notice of Public Hearings to be held by the Town of Ithaca Planning Board in the Town of Ithaca Town Hall 215 North Tioga Street Ithaca New York on Tuesday, July 27, 2004 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting Date of Posting Date of Publication: July 19, 2004 July 21, 2004 STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Town Clerk Sign Board — 215 North Tio ag Street. `.b� Gp-% Sandra Polce, Senior Typist Town of Ithaca. Sworn to and subscribed before me this 21 st day of July 2004. Notary Public CONNIE F. CLARK Notary Public, State of New York No. 01 CL6052878 _ Qualified in Tompkins County Commission Expires December 26, 20 OC�