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HomeMy WebLinkAbout2001-08-16 659 1 Planning Board Minutes Public Hearing - Wireless One August 16 , 2001 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - AUGUST 16, 2001 INDEPENDENT WIRELESS ONE - Applicant Margaret Smith, Pyramid Site Acquisition Services Agent PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Linda Hansen, Dan Klein Robert Roe, Nancy Weitzel, Olivia Vent Others Present : Comi Telecommuinications Services Representatives - Rusty Monroe and Russ Bogie Independent Wireless One Representative - Margaret Smith Secretary - Carol. W. Sczepanski Code Enforcement Officer - Susan Beeners Members of the Public : Esther Dotson , John Shepardson, Sr. Public Hearing Declared Open : Chairperson Laurene Gilbert declared the public hearing open at 7 : 00 p . m . and read the following legal publication notice as follows : "PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, August 16 , 2001 at 7 : 00 p . m. at 1830 Danby Road, Ithaca, New York to Consider an Application for Special Permit for the proposed installation of wireless j telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - L2 . New antennae are proposed to be installed with an approximate centerline height of 159 feet above ground level on the preexisting tower, which is 189 ft. tall including whip antennae. Accessory equipment is proposed to include a GPS antenna, and various equipment near ground level . Independent Wireless One , Applicant; Margaret Smith, Pyramid Site Acquisition Services , Agent; Crown Castle Atlantic, LLP, Tower Owner/Operator; William Farrell , Property Owner. All interested persons will be heard either in person or in writing . A Regular Meeting of the Planning Board will follow the public hearing. By Order of the Planning Board Carol W. Sczepanski , Town Clerk Dated : August 7 , 2001 Published : August 9 , 2001 " Margaret Smith addressed the Planning Board and public and described the for a Special Use Permit for the proposed additional antennae in her application for co -location on a preexisting tower. Margaret Smith, representative from Wireless One reported that they have a lease agreement with Crown Castle . The proposal is to colocate equipment at the facility on Durfee Hill Road . She described the antennae to be installed and the base construction of the foundation to the Board. Margaret presented a packet of the proposal for the Board to view. She has final bond information that everyone has agreed upon, and also has submitted soil borings that certifies the accuracy of the foundation that the tower is placed. Susan Beeners said that what she was concerned about was that the telecommunications law requires the board to make certain waivers and wanted to be somewhat generally specific . Margaret said that there were certain items they are requesting waivers for and they will be submitted I . . 66U 2 Planning Board Minutes Public Hearing - Wireless One August 16, 2001 to the Town prior to construction or one of them is prior to the issuance of a Certificate of Occupancy . All of the items have been approved by the Town ' s consultants . Other items a waiver was asked for were mainly regarding that we are not proposing adding any height to the tower or building a new tower. Rusty Monroe of Comi Telecommunications Services reported to the Board that they were the original drafters of the ordinance. The ordinance is written for a worse case scenario and that means new towers . There are certain things about co-locations situations that are not necessary. We have no issues for the waivers that have been requested. Russ Bogie from Comi Telecommunications reported that the ordinance calls for a performance security bond which is to protect the property owner of the Town in the event that they don ' t do what they are supposed to do . It goes through the useful life of the facility including its removal . The request for $ 75 ,000 is for a new tower and usually in a co-location they recommend that it be reduced to $25 ,000. They only need to provide the funds to remove their facility. The bond is a non- cancelable, non-expiring bond . Members of the Public : John Shepardson said the he does not object to the proposal . Susan Beeners reported to Margaret that the plantings proposed were loved by our local deer population. She suggested they plant something that won ' t be chewed up in the middle of the night. Margaret said you can ' t see the base at all and she thinks that at one point someone had mentioned that buffering might be nice . We can take out the proposed plantings and put in something that is deer resistant . William Farrell said that there is no possible way the base of the tower can be seen by neighbors or neighboring property . The proposed screening is outside of the fence around the tower property and you are asking them to do something that is not necessary. Chairperson Gilbert said that part of the review process for this is to look at screening for the tower. If we deem it so that it ' s desirable to have screening and because the landowner says no we don ' t want it, then it could be considered a positive impact. Margaret said that the space the compound is on a leased space from the landowner and they don ' t build or do anything outside that space . Susan Beeners said Dick Comi ' s recommendation is that his firm completes an engineering review related to structural integrity of the tower foundation and the soil to ascertain that certain conditions are adequate prior to a building permit. She asked how much more needs to be done . Russ Bogie said that the engineer has not reviewed that information yet. That information is generally reviewed after the special permit and before the building permit is issued. Public Hearing Declared Closed : Chairperson Gilbert declared the public hearing closed at 7 : 30 p .m . (itddj �.sG / Carol W . Sczepauici, Secretary Phm-Ohi . 01 661 1 Planning Board Minutes August 16, 2001 TOWN OF DANBY PLANNING BOARD MINUTES AUGUST 16, 2001 PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Linda Hansen, Dan Klein Robert Roe, Nancy Weitzel , Olivia Vent Others Present : Comi Telecommuinications Services Representatives - Rusty Monroe and Russ Bogie Independent Wireless One Representative - Margaret Smith Secretary - Carol W. Sczepanski Code Enforcement Officer - Susan Beeners Members of the Public : Esther Dotson , John Shepardson, Sr. Pyramid Site Acquisition Services Agent The regular meeting of the Planning Board was called to order by Chairperson Gilbert at 7 : 30 p .m . following a scheduled public hearing . RESOLUTION NO. 6 OF 2001 SEQR DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE. SPECIAL USE PERMIT APPLICATION FOR PROPOSED INSTALLATION AT DURFEE HILL ROAD WIRELESS TELECOMMUNICATIONS FACILITY By Robert Roe : Seconded by Nancy Weitzel WHEREAS, this action is to Consider an Application for a Special Use Permit for the proposed installation of wireless telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 1 .2 ; Independent Wireless One, Applicant; Margaret Smith, Pyramid Site Acquisition Services, Agent ; Crown Castle Atlantic , LLP , Tower Owner/Operator; William Farrell , Property Owner; and WHEREAS, the Town ' s consultant, Comi Telecommunication Services, has recommended that this application for Special Use Permit is in compliance with relevant provisions of the Wireless Telecommunications Facilities Siting Law for the Town of Danby , and WHEREAS , this application is being classified as a Type I action for which the Town of Danby Planning Board is acting as Lead Agency in environmental review ; and for which no other involved agencies have been identified; and WHEREAS, the Planning Board has on August 16 , 2001 reviewed the Full Environmental Assessment Form Parts I , II, and Visual EAF Addendum, along with the recommendation by the Code Enforcement Officer that a Negative Determination of Environmental Significance be made for this action , NOW, THEREFORE, IT IS RESOLVED , that the Planning Board of the Town of Danby, acting as Lead Agency in environmental review of this Type I action , makes a Negative Determination of Environmental Significance . A roll call vote on the resolution resulted as follows : Farrell Abstained Hansen Aye Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Rusty Monroe reported to the Planning Board that Dick Comi would like him to convey to the Board how good Sue Beeners has been on your behalf 662 2 Planning Board Minutes August 16, 2001 RESOLUTION NO. 7 OF 2001 SPECIAL USE PERMIT FOR PROPOSED INSTALLATION AT DURFEE HILL ROAD WIRELESS TELECOMMUNICATIONS FACILITY By Nancy Weitzel : Seconded by Laurene Gilbert WHEREAS, this action is to Consider an Application for a Special Use Permit for the proposed installation of wireless telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road, on Town of Danby Tax Parcel No . 13 .- 1 - 1 .2 ; Independent Wireless One, Applicant; Margaret Smith, Pyramid Site Acquisition Services, Agent; Crown Castle Atlantic , LLP, Tower Owner/Operator; William Farrell , Property Owner; and WHEREAS, the applicant has requested that the Planning Board waive certain requirements of said Law in that, as proposed, the action is a co-location with no increase in height of the preexisting telecommunications tower, and that certain information would be provided before the issuance of any building permits for construction ; and WHEREAS, the Town ' s consultant, Comi Telecommunication Services , has recommended that this application for Special Use Permit is in compliance with relevant provisions of the Wireless Telecommunications Facilities Siting Law for the Town of Danby, and that, as proposed , wireless service would be provided essentially within the Town of Danby; and WHEREAS, this application is being classified as a Type I action for which the Town of Danby Planning Board is acting as Lead Agency in environmental review; and for which no other involved agencies have been identified ; and WHEREAS, the Planning Board has on August 16 , 2001 made a negative determination of environmental significance for this action ; and WHEREAS , the Planning Board on August 16 , 2001 has held a public hearing for consideration of this application; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board of the Town of Danby waives certain requirements of the Wireless Telecommunications Siting Law for the Town of Danby , as so requested in the subject application, in that the action is a co-location with no increase in height of the preexisting telecommunications tower, and in that certain information will be provided before the issuance of any building permits for construction ; and it is FURTHER RESOLVED, that the Planning Board of the Town of Danby also waves the proposed landscaping, and the requirement of Section 7 (F) of said Law ; and it is FURTHER RESOLVED , that the Planning Board of the Town of Danby hereby issues a Special Use Permit to Independent Wireless One for the proposed installation of wireless telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road , on Town of Danby Tax Parcel No . 11 - 1 - 1 . 2 ; with new antennae to be installed with an approximate centerline height of 159 feet above ground level on the preexisting tower, which is 189 ft. tall including whip antennae, sand with accessory equipment to include a GPS antenna, and various other equipment near ground level , subject to the following conditions : That a $25 ,000 . 00 performance bond security, approved by the Town Attorney, be in place with the Town , prior to the issuance of a building permit and the start of construction . 2 . That the Town receive from Independent Wireless One the necessary Certificates of Insurance to comply with Section 24 of the Wireless Telecommunications Facilities Siting Law for the Town of Danby and the N.Y . State Workers ' Compensation Law, prior to the issuance of a building permit and the start of construction . 3 . That Engineer Dr. Uriel Oko , associated with Comi Telecommunication Services, complete a 6 6 3 3 Planning Board Minutes August 16, 2001 review of the certifications provided or as to be provided by the applicant related to structural integrity of the tower, foundation , and soil at the Site, to ascertain that such certifications are adequate, prior to the issuance of a building permit and the start of any construction . Discussion : Dan Klein said that the security gate is completely inadequate . He feels that with more activity there with the construction it could possibly increase vandalism, teenagers partying on the site or illegal dumping . He would like to see something placed at the gate to make it more secure . He has heard rumer from neighbors they think they heard partying in the area. Mr. Farrell said that since there are no ditches along the area that if anyone wanted to get across there it would not be a problem for persons walking, bicycles, etc . He frequently walks his land back near the tower and has seen no evidence of trespassing or partying . Bob Roe said that the original application for the tower site was approved by the BZA and the main security feature is the actual fence that encloses the functioning site . The gate is installed on the road simply to control vehicular access on the right of way . A roll call vote on the resolution resulted as follows : Farrell Abstained Hansen Aye Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Robert Roe reported that he is concerned about the amount of money this co- location is consuming. He thought we would want to be encouraging co- locations . Chairperson Gilbert said that looking at the check list of things it seems for site plan review there are a lot of information needed and it is an expensive proposition . We cannot waive the SEQR regulations . Community Park Grant Application Esther Dotson reported that the Town submitted a very good application last year to the New York State Office of Parks , Recreation , and Historic Preservation . She explained the details of the plan for a community park that will be submitted for the grant and asked the Planning Board to endorse proposed Danby Community Park Grant Application . The following resolution was approved by the Board . Susan Beeners reported that the SEQR must be done for the application and the Town Board is lead agency. RESOLUTION NO. 8 OF 2001 FURTHER ENDORSEMENT OF THE DANBY COMMUNITY PARK By Olivia Vent : Seconded by Daniel Klein WHEREAS, the Town Board of the Town of Danby applied in August, 2000 to the New York State Office of Parks , Recreation, and Historic Preservation for a grant for the proposed Danby Community Park, and is reapplying in August 2001 ; and WHEREAS, the Planning Board of the Town of Danby in November of 1999 adopted a resolution supporting acquisition of the subject property, and in August of 2000 voted to reiterate its commitment for purchase of the site ; NOW, THEREFORE IT IS 664 4 Planning Board Minutes August 16, 2001 RESOLVED, that the Planning Board of the Town of Danby further reiterates its support of the proposed acquisition and development of the Danby Community Park, finding the following : 1 . The project is consistent with the goals of the 1989 Danby Comprehensive Plan related to preserving open space and important natural areas , and related to the need for public space for community activities . 2 . The project is consistent with the goals of the 1998 Danby Hamlet Revitalization project strategic Plan related to strengthening economic vitality and community focus in the Central Danby Hamlet . 3 . The project is consistent with the objectives and strategies formulated by the Planning Board in he current draft update of the Danby Comprehensive Plan, such as the following : Objective : Develop recreational opportunities in Danby to complement those currently or potentially available on State lands . Strategies : * Actively support the development of a Danby Community Park, with active and passive recreational facilities and trail linkages to Jennings Pond, as currently proposed for land east of the Bald Hill/Danby Road intersection . * Establish a parks/recreation/open space improvement district or districts , and related funding mechanisms . A roll call vote on the resolution resulted as follows : (five ayes - 2 abstentions) Farrell Abstained Hansen Aye Klein Aye Roe Aye Vent Aye Weitzel Abstained Gilbert Aye Carried Public Utilities Susan Beeners said that we have had a little discussion about the concept of making public utilities subject to special permit. The question is whether major utilities should made a special permit use subject to a special permit and site plan review by the Planning Board. The Town Board moved to have Sue Beeners , Councilperson Joel Gagnon with some assistance from the Town Attorney and the Planning Board draft something related to the regulation of utilities as a special permit use . All Towns have the ability to have some level of review in regulation in these types of uses . She asked the Board if they would like to make a recommendation now without seeing the draft. Susan explained the proposed changes that would be necessary to amend the Town of Danby Zoning Ordinance . She said that she feels that a special permit process for a utility would be consistent with the way we are treating cell towers and it also would provide some local input into the impact on roads, heavy construction vehicles , and the impact of noise . It might be a way for the Town to leverage the time of year when construction or gas drilling could occur such as in the late fall or winter when windows are closed . The Board discussed the 40 foot rule and other impacts that can occur in an area where gas drilling occurs . It would be undesirable to be allowed near a church , school , day care center or near any sensitive area where they may be residents who are ill . Bob Roe said that this issue is contracts between individual land owners and utilities . It cannot be compared to cell towers as this is a limited operation and cell towers are an on going thing . Susan explained the DEC regulations for gas drilling . The representatives did encourage at the meeting that Towns may want to do their own review . The Town Board has asked for a recommendation from the Planning Board . She sent a memo to the Planning Board, dated June 21 , 665 5 Planning Board Minutes August 16, 2001 2001 that outlines the directions for making public utilities a special permit process . The Board can act on that or take this issue up again at a later date . Dan Klein said that he would like the Board to act on the draft resolution and made a motion to approve the resolution No . 9 of June 21 , 2001 and feels this is a good idea and moved Proposed IlResolution No . 9 . There was no second to the motion . Olivia Vent said that she feels that the Planning Board has a responsibility to the community residents (as well as land owners), what this means to neighborhoods and the general quality of life . We have the responsibility to look outside of our back yard. Giving the Town some leverage in negotiating better deals for people in a neighborhood is a fair step to take . Nancy Weitzel suggested that the Planning Board table this discussion until we can review the Zoning Ordinance and look at it more carefully so we are familiar with where the amendments are proposed and view the changes . NYSEG Request for Support for NYSEG Plan Susan reported that Richard Charskey from NYSEG came to the Town Board Meeting and mentioned that there will be 21 (twenty-one) gas powered electrical generating plants. He asked the Town Board for a letter of support for the NYSEG Pricing Plan. Comprehensive Plan Report : Susan reported that the comprehensive plan is progressing and that the intern had trouble doing any original work. Sections were put together and moved the goals and objectives to one place . There was a new section started that is related to the Resource Analysis map . There is a lot of material reasonably complete . There is still some editing to be completed . New York State Recreational Master Plan Bob Roe reported that we stand a chance of getting all of our major requests for the New York State Forest including the backing for a wildlife management plan . We will know more after the State has incorporated the unit action plans which deal with individual parcels . Within the master plan there is room to negotiate . Next Meeting Date : The Next meeting is scheduled for Thursday, September 20 , 2001 at 7 : 00 P . M . Planning Board Minutes of July 18, 2001 Approved A motion was made by Olivia Vent and seconded by Nancy Weitzel that the Planning Board of the Town of Danby approve the July 18 , 2001 minutes as submitted . A vote on the motion resulted as follows : Carried Unanimously Planning Board Public Hearing Minutes of July 18, 2001 Approved A motion was made by Nancy Weitzel and seconded by Olivia Vent that the Planning Board of the Town of Danby approve the public hearing minutes of July 18 , 2001 . in A vote on the motion resulted as follows ; Carried Unanimously Respectfully Submitted 666 6 Planning Board Minutes August 16, 2001 (2tdaJc, a: -L Ca rol W. Sczepecretary min- 8 - 16 . 01 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - AUGUST 16, 2001 INDEPENDENT WIRELESS ONE - Applicant Margaret Smith, Pyramid Site Acquisition Services Agent PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Linda Hansen, Dan Klein Robert Roe, Nancy Weitzel , Olivia Vent Others Present : Comi Telecommuinications Services Representatives - Rusty Monroe and Russ Bogie Independent Wireless One Representative - Margaret Smith Secretary - Carol W. Sczepanski Code Enforcement Officer - Susan Beeners Members of the Public : Esther Dotson, John Shepardson, Sr. Public Hearing Declared Open : Chairperson Laurene Gilbert declared the public hearing open at 7 : 00 p . m. and read the following legal publication notice as follows : "PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, August 16, 2001 at 7 : 00 p. m. at 1830 Danby Road, Ithaca, New York to Consider an Application for Special Permit for the proposed installation of wireless telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 1 .2 . New antennae are proposed to be installed with an approximate centerline height of 159 feet above ground level on the preexisting tower, which is 189 ft. tall including whip antennae . Accessory equipment is proposed to include a GPS antenna, and various equipment near ground level . Independent Wireless One, Applicant; Margaret Smith , Pyramid Site Acquisition Services, Agent; Crown Castle Atlantic, LLP, Tower Owner/Operator; William Farrell, Property Owner. All interested persons will be heard either in person or in writing . A Regular Meeting of the Planning Board will follow the public hearing. By Order of the Planning Board Carol W. Sczepanski , Town Clerk Dated : August 7, 2001 Published : August 9 , 2001 " Margaret Smith addressed the Planning Board and public and described the for a Special Use Permit for the proposed additional antennae in her application for co- location on a preexisting tower. 2 Planning Board Minutes Public Hearing - Wireless One August 16, 2001 Margaret Smith, representative from Wireless One reported that they have a lease agreement with Crown Castle. The proposal is to colocate equipment at the facility on Durfee Hill Road. She described the antennae to be installed and the base construction of the foundation to the Board. Margaret presented a packet of the proposal for the Board to view. She has final bond information that everyone has agreed upon, and also has submitted soil borings that certifies the accuracy of the foundation that the tower is placed. Susan Beeners said that what she was concerned about was that the telecommunications law requires the board to make certain waivers and wanted to be somewhat generally specific . Margaret said that there were certain items they are requesting waivers for and they will be submitted to the Town prior to construction or one of them is prior to the issuance of a Certificate of Occupancy. All of the items have been approved by the Town ' s consultants . Other items a waiver was asked for were mainly regarding that we are not proposing adding any height to the tower or building a new tower. Rusty Monroe of Comi Telecommunications Services reported to the Board that they were the original drafters of the ordinance . The ordinance is written for a worse case scenario and that means new towers . There are certain things about co-locations situations that are not necessary. We have no issues for the waivers that have been requested. Russ Bogie from Comi Telecommunications reported that the ordinance calls for a performance security bond which is to protect the property owner of the Town in the event that they don ' t do what they are supposed to do . It goes through the useful life of the facility including its removal . The request for $ 75 ,000 is for a new tower and usually in a co- location they recommend that it be reduced to $25 ,000. They only need to provide the funds to remove their facility. The bond is a non- cancelable, non-expiring bond . Members of the Public : John Shepardson said the he does not object to the proposal . Susan Beeners reported to Margaret that the plantings proposed were loved by our local deer population . She suggested they plant something that won ' t be chewed up in the middle of the night. Margaret said you can ' t see the base at all and she thinks that at one point someone had mentioned that buffering might be nice . We can take out the proposed plantings and put in something that is deer resistant. William Farrell said that there is no possible way the base of the tower can be seen by neighbors or neighboring property. The proposed screening is outside of the fence around the tower property and you are asking them to do something that is not necessary. I GI 1 ' I { I I IU F , I I 4 ! { r � I it y ' , I pg y 11 fr .I 0. _, i 11 II H -.1i .� I t 1 it F 9{ 'k 1 fi:.d '4 F. s :suue ,1 • . 3 Planning Board Minutes Public Hearing - Wireless One August 16, 2001 Chairperson Gilbert said that part of the review process for this is to look at screening for the tower. If we deem it so that it ' s desirable to have screening and because the landowner says no we don ' t want it, then it could be considered a positive impact . Margaret said that the space the compound is on a leased space from the landowner and they don ' t build or do anything outside that space . Susan Beeners said Dick Comi ' s recommendation is that his firm completes an engineering review related to structural integrity of the tower foundation and the soil to ascertain that certain conditions are adequate prior to a building permit. She asked how much more needs to be done . Russ Bogie said that the engineer has not reviewed that information yet . That information is generally reviewed after the special permit and before the building permit is issued. Public Hearing Declared Closed : Chairperson Gilbert declared the public hearing closed at 7 : 30 p . m. Carol W . Sczepanski , Secretary Phm-Ohi . 0 1 f TOWN OF DANBY PLANNING BOARD MINUTES AUGUST 16, 2001 PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Linda Hansen, Dan Klein Robert Roe, Nancy Weitzel , Olivia Vent Others Present : Comi Telecommuinications Services Representatives - Rusty Monroe and Russ Bogie Independent Wireless One Representative - Margaret Smith Secretary - Carol W. Sczepanski Code Enforcement Officer - Susan Beeners Members of the Public : Esther Dotson , John Shepardson, Sr. Pyramid Site Acquisition Services Agent The regular meeting of the Planning Board was called to order by Chairperson Gilbert at 7 : 30 p .m. following a scheduled public hearing . RESOLUTION NO . 6 OF 2001 SEQR DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, SPECIAL USE PERMIT APPLICATION FOR PROPOSED INSTALLATION AT DURFEE HILL ROAD WIRELESS TELECOMMUNICATIONS FACILITY By Robert Roe : Seconded by Nancy Weitzel WHEREAS, this action is to Consider an Application for a Special Use Permit for the proposed installation of wireless telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 1 . 2 ; Independent Wireless One, Applicant; Margaret Smith, Pyramid Site Acquisition Services, Agent; Crown Castle Atlantic, LLP, Tower Owner/Operator; William Farrell , Property Owner; and WHEREAS, the Town ' s consultant, Comi Telecommunication Services, has recommended that this application for Special Use Permit is in compliance with relevant provisions of the Wireless Telecommunications Facilities Siting Law for the Town of Danby, and WHEREAS , this application is being classified as a Type I action for which the Town of Danby Planning Board is acting as Lead Agency in environmental review; and for which no other involved agencies have been identified; and WHEREAS, the Planning Board has on August 16, 2001 reviewed the Full Environmental Assessment Form Parts I, II, and Visual EAF Addendum, along with the recommendation by the Code Enforcement Officer that a Negative Determination of Environmental Significance be made for this action, NOW, THEREFORE, IT IS RESOLVED , that the Planning Board of the Town of Danby, acting as Lead Agency in environmental review of this Type I action, makes a Negative Determination of Environmental Significance . 2 Planning Board Minutes August 16, 2001 A roll call vote on the resolution resulted as follows : Farrell Abstained Hansen Aye Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Rusty Monroe reported to the Planning Board that Dick Comi would like him to convey to the Board how good Sue Beeners has been on your behalf RESOLUTION NO . 7 OF 2001 SPECIAL USE PERMIT FOR PROPOSED INSTALLATION AT DURFEE HILL ROAD WIRELESS TELECOMMUNICATIONS FACILITY By Nancy Weitzel : Seconded by Laurene Gilbert WHEREAS, this action is to Consider an Application for a Special Use Permit for the proposed installation of wireless telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 1 . 2 ; Independent Wireless One, Applicant; Margaret Smith, Pyramid Site Acquisition Services, Agent; Crown Castle Atlantic, LLP , Tower Owner/Operator; William Farrell , Property Owner; and WHEREAS, the applicant has requested that the Planning Board waive certain requirements of said Law in that, as proposed, the action is a co-location with no increase in height of the preexisting telecommunications tower, and that certain information would be provided before the issuance of any building permits for construction ; and WHEREAS, the Town ' s consultant, Comi Telecommunication Services, has recommended that this application for Special Use Permit is in compliance with relevant provisions of the Wireless Telecommunications Facilities Siting Law for the Town of Danby, and that, as proposed, wireless service would be provided essentially within the Town of Danby; and WHEREAS, this application is being classified as a Type I action for which the Town of Danby Planning Board is acting as Lead Agency in environmental review; and for which no other involved agencies have been identified; and WHEREAS, the Planning Board has on August 16 , 2001 made a negative determination of environmental significance for this action ; and WHEREAS , the Planning Board on August 16, 2001 has held a public hearing for consideration of this application ; NOW, THEREFORE, IT IS 3 Planning Board Minutes August 16, 2001 RESOLVED , that the Planning Board of the Town of Danby waives certain requirements of the Wireless Telecommunications Siting Law for the Town of Danby, as so requested in the subject application, in that the action is a co- location with no increase in height of the preexisting telecommunications tower, and in that certain information will be provided before the issuance of any building permits for construction ; and it is FURTHER RESOLVED, that the Planning Board of the Town of Danby also waves the proposed landscaping, and the requirement of Section 7 (F) of said Law ; and it is FURTHER RESOLVED, that the Planning Board of the Town of Danby hereby issues a Special Use Permit to Independent Wireless One for the proposed installation of wireless telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 1 .2 ; with new antennae to be installed with an approximate centerline height of 159 feet above ground level on the preexisting tower, which is 189 ft. tall including whip antennae, and with accessory equipment to include a GPS antenna, and various other equipment near ground level , subject to the following conditions : That a $25 , 000 . 00 performance bond security, approved by the Town Attorney, be in place with the Town, prior to the issuance of a building permit and the start of construction. 2 . That the Town receive from Independent Wireless One the necessary Certificates of Insurance to comply with Section 24 of the Wireless Telecommunications Facilities Siting Law for the Town of Danby and the N.Y. State Workers ' Compensation Law, prior to the issuance of a building permit and the start of construction . 3 . That Engineer Dr. Uriel Oko, associated with Comi Telecommunication Services , complete a review of the certifications provided or as to be provided by the applicant related to structural integrity of the tower, foundation, and soil at the Site , to ascertain that such certifications are adequate, prior to the issuance of a building permit and the start of any construction . Discussion : Dan Klein said that the security gate is completely inadequate . He feels that with more activity there with the construction it could possibly increase vandalism, teenagers partying on the site or illegal dumping. He would like to see something placed at the gate to make it more secure. He has heard rumer from neighbors they think they heard partying in the area. Mr. Farrell said that since there are no ditches along the area that if anyone wanted to get across there it would not be a problem for persons walking, bicycles, etc . He frequently walks his land back near the tower and has seen no evidence of trespassing or partying. 4 Planning Board Minutes August 16, 2001 Bob Roe said that the original application for the tower site was approved by the BZA and the main security feature is the actual fence that encloses the functioning site . The gate is installed on the road simply to control vehicular access on the right of way. A roll call vote on the resolution resulted as follows : Farrell Abstained Hansen Aye Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Robert Roe reported that he is concerned about the amount of money this co-location is consuming. He thought we would want to be encouraging co-locations . Chairperson Gilbert said that looking at the check list of things it seems for site plan review there are a lot of information needed and it is an expensive proposition. We cannot waive the SEQR regulations . Community Park Grant Application Esther Dotson reported that the Town submitted a very good application last year to the New York State Office of Parks, Recreation, and Historic Preservation . She explained the details of the plan for a community park that will be submitted for the grant and asked the Planning Board to endorse proposed Danby Community Park Grant Application . The following resolution was approved by the Board. Susan Beeners reported that the SEQR must be done for the application and the Town Board is lead agency. RESOLUTION NO. 8 OF 2001 FURTHER ENDORSEMENT OF THE DANBY COMMUNITY PARK By Olivia Vent: Seconded by Daniel Klein WHEREAS, the Town Board of the Town of Danby applied in August, 2000 to the New York State Office of Parks , Recreation, and Historic Preservation for a grant for the proposed Danby Community Park, and is reapplying in August 2001 ; and WHEREAS, the Planning Board of the Town of Danby in November of 1999 adopted a resolution supporting acquisition of the subject property, and in August of 2000 voted to reiterate its commitment for purchase of the site ; NOW, THEREFORE IT IS a 5 Planning Board Minutes August 16, 2001 RESOLVED, that the Planning Board of the Town of Danby further reiterates its support of the proposed acquisition and development of the Danby Community Park, finding the following : 1 . The project is consistent with the goals of the 1989 Danby Comprehensive Plan related to preserving open space and important natural areas , and related to the need for public space for community activities . 2 . The project is consistent with the goals of the 1998 Danby Hamlet Revitalization project strategic Plan related to strengthening economic vitality and community focus in the Central Danby Hamlet. 3 . The project is consistent with the objectives and strategies formulated by the Planning Board in he current draft update of the Danby Comprehensive Plan, such as the following : Objective : Develop recreational opportunities in Danby to complement those currently or potentially available on State lands . Strategies : * Actively support the development of a Danby Community Park, with active and passive recreational facilities and trail linkages to Jennings Pond , as currently proposed for land east of the Bald Hill/Danby Road intersection . * Establish a parks/recreation/open space improvement district or districts , and related funding mechanisms . A roll call vote on the resolution resulted as follows : (five ayes - 2 abstentions) Farrell Abstained Hansen Aye Klein Aye Roe Aye Vent Aye Weitzel Abstained Gilbert Aye Carried Public Utilities Susan Beeners said that we have had a little discussion about the concept of making public utilities subject to special permit. The question is whether major utilities should made a special permit use subject to a special permit and site plan review by the Planning Board. The Town Board moved to have Sue Beeners, Councilperson Joel Gagnon with some assistance from the Town Attorney and the Planning Board draft something related to the regulation of utilities as a special permit use . All Towns have the ability to have some level of review in regulation in these types of uses . She asked the Board if they would like to make a recommendation now without seeing the draft. Susan explained the proposed changes that would be necessary to amend the Town of Danby Zoning Ordinance . She said that she feels that a special permit process for a utility would be consistent with ■ 1 ' 'J f f It 3 GI [ t I 11 ' I / E r 3 , 1 � I C I � . � II r f t 4 , 6 Planning Board Minutes August 16, 2001 the way we are treating cell towers and it also would provide some local input into the impact on roads, heavy construction vehicles, and the impact of noise . It might be a way for the Town to leverage the time of year when construction or gas drilling could occur such as in the late fall or winter when windows are closed . The Board discussed the 40 foot rule and other impacts that can occur in an area where gas drilling occurs . It would be undesirable to be allowed near a church, school , day care center or near any sensitive area where they may be residents who are ill . Bob Roe said that this issue is contracts between individual land owners and utilities . It cannot be compared to cell towers as this is a limited operation and cell towers are an on going thing. Susan explained the DEC regulations for gas drilling. The representatives did encourage at the meeting that Towns may want to do their own review. The Town Board has asked for a recommendation from the Planning Board. She sent a memo to the Planning Board, dated June 21 , 2001 that outlines the directions for making public utilities a special permit process . The Board can act on that or take this issue up again at a later date . Dan Klein said that he would like the Board to act on the draft resolution and made a motion to approve the resolution No . 9 of June 21 , 2001 and feels this is a good idea and moved Proposed Resolution No . 9 . There was no second to the motion . Olivia Vent said that she feels that the Planning Board has a responsibility to the community residents (as well as land owners), what this means to neighborhoods and the general quality of life . We have the responsibility to look outside of our back yard . Giving the Town some leverage in negotiating better deals for people in a neighborhood is a fair step to take . Nancy Weitzel suggested that the Planning Board table this discussion until we can review the Zoning Ordinance and look at it more carefully so we are familiar with where the amendments are proposed and view the changes . NYSEG Request for Support for NYSEG Plan Susan reported that Richard Charskey from NYSEG came to the Town Board Meeting and mentioned that there will be 21 (twenty-one) gas powered electrical generating plants . He asked the Town Board for a letter of support for the NYSEG Pricing Plan. Comprehensive Plan Report : Susan reported that the comprehensive plan is progressing and that the intern had trouble doing any original work. Sections were put together and moved the goals and objectives to one place. There was a new section started that is related to the Resource Analysis map . There is a lot of material reasonably complete . There is still some editing to be completed. III II I �` � y i !I I i I1 � ; it I (( I it � . �:. , � .I�„ 1 ∎ski 7 Planning Board Minutes August 16, 2001 New York State Recreational Master Plan Bob Roe reported that we stand a chance of getting all of our major requests for the New York State Forest including the backing for a wildlife management plan . We will know more after the State has incorporated the unit action plans which deal with individual parcels . Within the master plan there is room to negotiate . Next Meeting Date : The Next meeting is scheduled for Thursday, September 20 , 2001 at 7 : 00 P . M. Planning Board Minutes of July 18, 2001 Approved A motion was made by Olivia Vent and seconded by Nancy Weitzel that the Planning Board of the Town of Danby approve the July 18 , 2001 minutes as submitted . A vote on the motion resulted as follows : Carried Unanimously Planning Board Public Hearing Minutes of July 18, 2001 Approved A motion was made by Nancy Weitzel and seconded by Olivia Vent that the Planning Board of the Town of Danby approve the public hearing minutes of July 18 , 2001 . A vote on the motion resulted as follows; Carried Unanimously Respectfully Submitted Carol W. Sczepanski , Secretary min- 8 - 16 . 01