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HomeMy WebLinkAbout2003-04-16 1 Public Hearing Minutes April 16, 2003 - Nitchman TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - NITCHMAN APRIL 15, 2003 PRESENT : Chairperson Newman Planning Board Members : William Farrell , Linda Hansen, Bob Roe , Olivia Vent ABSENT : Lee Washesky (excused) Olivia Vent (excused) Others Present : Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Applicant - Kim Nitchman Members of the Public : Therese Araneo , Marc Romanowski , the whole Nitchman Family Public Hearing Declared Open Chairperson Sarah Newman declared the public hearing open at 7 : 05 p . m . and read the following Notice of Publication : PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, April 16, 2003 at 7 : 15 p . m. at 1830 Danby Road, Ithaca, New York to Consider a request for a Special Permit for the proposed second, detached dwelling on one lot, at 986 Steam Mill Road, Town of Danby Tax Parcel 14 . - 1 -22 . 2 , 104 acres total , Kim Nitchman, 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 : April 8 , 2003 Published : April 10, 2003 " Communications : Affidavit of Notice by Mail Affidavit of Publication Tompkins County Planning Department Review No public appeared before the Board. Chairperson Newman asked Mr. Nitchman to describe to the Board the Tompkins County designated Unique Natural Area of the Danby Fir Swamp that surrounds the location of the proposed dwelling. She asked him to make a committment to learning about what this UNA means and paying attention to that when making changes in the area. Mr. Nitchman said that he is aware of the wet lands and his understanding is that it is an area where the water on one part of his land flows south and one part flows north . Public Hearing Declared Closed Chairperson Newman declared the public hearing closed at 7 : 12 p . m . Respectfully submitted, O41 K/ , fJ,' L/ arol i W. Sczepa • Secretary Z9L 7 6 3 1 Planning Board Minutes Public Hearing - A T & T April 16 , 2003 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - A T & T APRIL 15, 2003 PRESENT : Chairperson Newman Planning Board Members : William Farrell , Linda Hansen, Bob Roe, Olivia Vent ABSENT : Lee Washesky (excused) Olivia Vent (excused) Others Present : Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer A t & T Representative Marc Romanowski Members of the Public : Therese Araneo , Marc Romanowski , the whole Nitchman Family Public Hearing Declared Open Chairperson Sarah Newman declared the public hearing open at 7 : 15 p . m . and read the following Notice of Publication "PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, April 16, 2003 at 7 : 15 p . m . at 1830 Danby Road, Ithaca, New York to Consider an Application for a Special Use Permit for the proposed installation of wireless telecommunications panel antennae and related equipment at a preexisting wireless telecommunications facility located at 292 Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 1 . 2 ; AT&T Wireless PCS , LLC , applicant ; Crown Castle Atlantic, LLP, Facility Owner; 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 : April 8 , 2003 Published : April 10 , 2003 Communications Received : Affidavit of publication Affidavit of Neighbor Notification Chairperson Newman introduced Marc Romanowski who is the representative for A T & T . Marc Romanowski said that the material submitted today has no substantative changes to the plan . The changes are responses to comments made by Mr. Sitsman . Chairperson Newman said that this is an application for adding antennae to an existing tower. The plans were reviewed by Mr. Sitsman the Town consultant. Susan Beeners said that what she transmitted to the Board was an excerpt of the SEQR and an excerpt showing the tower with the antennae that is proposed to be placed on the tower. She also recommended that a declaration of negative determination be made . The comments from Mr. Sitsman were not substantive . 64 2 Planning Board Minutes Public Hearing - A T & T April 16 , 2003 Mark Romanowski explained the proposed site and the proposal to the Board . The reason for the request for co- location is because there is no wireless telecommunication coverage through this area. No public appeared before the Board. Chairperson Newman reported to the Board that this was a Type I Action for SEQR review and the Code Enforcement Officer has provided a SEQR Review . Public Hearing Declared Closed : Chairperson Newman declared the public hearing closed at 7 : 43 p . m. as/5 Carol W . Sczepa ' lc Secretary 765 1 Planning Board Minutes April 16 , 2003 TOWN OF DANBY PLANNING BOARD MINUTES APRIL 16, 2003 PRESENT : Chairperson Newman Planning Board Members : William Farrell , Linda Hansen, Bob Roe , Olivia Vent ABSENT : Lee Washesky (excused) Laurene Gilbert (excused) Others Present : Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Applicant - Kim Nitchman Members of the Public : Therese Araneo, Marc Romanowski , the whole Nitchman Family Chairperson Newman opened the meeting at 7 : 12 p. m. to consider the Nitchman request for a special permit for a proposed detached dwelling on one lot at 986 Steam Mill Road. RESOLUTION NO. 2 OF 2003 SPECIAL PERMIT APPROVED - NITCHMAN By Robert Roe : Seconded by Olivia Vent WHEREAS, this action is the Consideration of a Request for a Special Permit for a proposed second, detached dwelling on one lot, at 986 Steam Mill Road, Town of Danby Tax Parcel 14 . - 1 - 22 . 2 , 104 acres total . Kim Nitchman , Owner; and WHEREAS, this is a Type II action for which no further environmental review is required ; and WHEREAS, the Tompkins County Planning Department, has been notified of this action pursuant to General Municipal Law 239 I-and m ; and WHEREAS, the Planning Board of the Town of Danby has held a public hearing on April 16, 2003 related to consideration of this matter; now, therefore, it is RESOLVED, that the Planning Board of the Town of Danby grants a Special Permit for a proposed second, detached dwelling on one lot, at 986 Steam Mill Road, Town of Danby Tax Parcel 14 . - 1 - 22 . 2 , based on the materials presented, subject to the condition that any necessary permits or approvals from New York State Department of Environmental conservation be obtained prior to any improvements within the jurisdiction of that agency related to establishing electrical service to the subject dwelling. A roll call vote on the resolution resulted as follows : (Washesky and Gilbert absent) Farrell Aye Hansen Aye Roe Aye Vent Aye Newman Aye Carried The meeting was closed to hold a public hearing - A T & T Wireless Chairperson Newman re-opened the meeting at 7 : 43 p . m . Review of the A T & T Wireless Proposal Following a public hearing to consider an application for a Special Use Permit for the proposed 766 2 Planning Board Minutes April 16, 2003 installation of wireless telecommunications antennae and related equipment at the preexisting wireless telecommunications facility located at 292 Durfee Hill Road . Chairperson Newman reported that the tower is visible from many locations in Danby but that it exists . Adding additional antennae to that tower is not going to change that fact and not an issue of concern tonight. Mr. Romanowski reported that telecommunication towers operate on very low radio frequency . A T & T is requesting two waivers in their application . 1 ) Performance Bond - Sureties are reluctant to issue performance bonds as they tend to be very broad in their language . A T & T has suggested a removal bond to establish a fund to pay for the removal of the equipment. They agreed to supply a $25 ,000 bond for removal . Susan Beeners said that the condition she is recommending is that they supply a $ 25 ,000 performance bond or removal bond approved by the Town Attorney . This is consistent with the previous collocation . 2 ) Insurance Policy Language - General Commercial Liability Policy . The primary issue is that A T & T does not own the facility, land or tower. The equipment is the only thing that will be there . A T & T Wireless provided the Town with a Certificate of Insurance when they applied for their building permit. That is standard procedure that shows the coverage while the facility is being constructed . Chairperson Newman said the SEQR resolution refers to the conditions that shall be fulfilled prior to any building permit issuance and one of those conditions is the performance bond and the second condition is the insurance issue . Susan Beeners said that on the Certificate of Insurance she has proposed that it be in compliance with Section 24 of our law which says that certificate should be provided by the holder which would be A T & T. She has indicated the A T & T that the insurance remain within the law as stated. If Crown is going to provide the insurance and A T & T was not able to provide it on their own , it is possible that they can request for waiver by the Planning Board before issuance of the permit. Mr. Romanowski said that he would ask of the Board to give A T & T a little bit of closure and that all the issues that were outstanding in the Sitzman letter have been addressed. All they need to address is the insurance and the bond issue . RESOLUTION NO. 3 OF 2003 SEQRA DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE SPECIAL USE PERMIT FOR PROPOSED AT&T WIRELESS INSTALLATION AT DURFEE HILL ROAD WIRELESS TELECOMMUNICATIONS FACILITY By Olivia Vent: Seconded by Linda Hansen • 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 the preexisting wireless telecommunications facility located at 292 Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 11 ; AT&T Wireless PCS , LLC , Applicant; Crown Castle Atlantic, LLP, Facility Owner; William Farrell , Property Owner; and WHEREAS, the Town ' s Consultant, Independent Broadcast Consultants, Inc . , and the Town ' s Code Enforcement Officer, have recommended, subject to the conditions of approval recommended as part of any resolution granting a Special Use Permit, that this application for Special Use Permit is in compliance with applicable 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,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 7 7 3 Planning Board Minutes April 16, 2003 any building permits for construction ; and WHEREAS, this application is , pursuant to said Law , 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 on April 16, 2003 has reviewed the Full Environmental Assessment Form Parts I, II and Visual EAF Addendum , along with the recommendation of 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 : (Members L . Gilbert and L Washesky absent) Farrell Abstained Hansen Aye Roe Aye Vent Aye Newman Aye Carried RESOLUTION NO. 4 OF 2003 SPECIAL USE PERMIT FOR PROPOSED AT&T WIRELESS INSTALLATION AT DURFEE HILL ROAD WIRELESS TELECOMMUNICATIONS FACILITY By Robert Roe : Seconded by Olivia Vent 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 the preexisting wireless telecommunications facility located at 292 Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 1 . 2 ; AT&T Wireless PCS , LLC, Applicant ; Crown Castle Atlantic, LLP Facility Owner; William Farrell , Property Owner; and WHEREAS, the Town ' s Consultant, Independent Broadcast Consultants, Inc. , and the Town ' s Code Enforcement Officer, have recommended, subject to the conditions of approval recommended as part of any resolution granting a Special Use Permit, that this application for Special Use Permit is in compliance with applicable 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, 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, this application is , pursuant to said Law , classified as a type I action for which the Planning Board of the Town of Danby is acting as Lead Agency in environmental review; and for which no other involved agencies have been identified ; and WHEREAS, the Planning Board of the Town of Danby has on April 16, 2003 made a negative determination of environmental significance for this action ; and WHEREAS, the Planning Board of the Town of Danby on April 16, 2003 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 f 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 768 4 Planning Board Minutes April 16, 2003 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 hereby issues a Special Use Permit to AT&T Wireless PCS , LLC, for the proposed installation of wireless telecommunications antennae and related equipment at the preexisting wireless telecommunications facility located at 292 Durfee Hill Road, on Town of Danby Tax Parcel No . 13 . - 1 - 1 . 2 ; with new panel antennae to be installed with an approximate centerline height of 120 feet above grade level on the preexisting tower (which is 189 feet in height including whip antennae .) And with accessory equipment to be located within the ground-level fenced compound, subject to the following conditions that shall be fulfilled prior to any building permit issuance : 1 . The review and approval by Independent Broadcasting Consultants, Inc . of material transmitted by the applicant in response to a request dated April 7 , 2003 by IBC for minor corrections and clarifications . 2 . A $25 ,000 . 00 performance bond or removal bond security, provided by AT&T Wireless PCS , LLC , and approved by the Town Attorney, shall be in place with the Town . 3 . Certificates of Insurance in compliance with Section 24 of the Wireless Telecommunications Facilities Siting Law for the Town of Danby, and in compliance with the New York State Workers ' Compensation Law , shall be in place with the Town. A roll call vote on the resolution resulted as follows : (Members L . Gilbert and L Washesky absent) Farrell Abstained Hansen Aye Roe Aye Vent Aye Newman Aye Carried Sketch Plan Reviews for Araneo and Schlesinger Chairperson Newman asked that the Board bring the materials for the Sketch Plan Review to the Special Meeting on April 30 , 2003 . Araneo Sketch Plan Review Therese Araneo submitted a Special Permit application for a proposed second , detached dwelling on one lot, at 1311 Coddington Road, Town of Danby Tax Parcel 5 . 1 - 11 . 1 , 18 .45 +/- acres total , with the second dwelling to be in a renovated barn . Olivia Vent said that she thinks the proposal is pretty straight forward and sees no red flags . Susan Beeners said that the second part of this is whether any time in the future the property might be subdivided which with our ordinance would require a frontage variance . If a variance were granted it could be split into two (2) lots because there is 90 acres there. There is no place there to put a second driveway if it was ever subdivided . Robert Roe asked if this was to be a two or three story structure as it has an exposed basement . His understanding of the fire code is that if there is sleeping quarters on a third floor that it requires special egress . Susan Beeners said that this is a masonry structure and essentially a basement situation so it is a two story structure . Chairperson Newman said that in the floor plan provided for the Board does not show anything other than a utility room and asked if it was intended to be living space . Therese Araneo said that they have put a substantial number of windows because it is a small (24' 779 1 5 Planning Board Minutes April 16, 2003 x 24' being for two (2 ) people . The foundation under it was replaced and the idea was to use it in some capacities that would not be just storage . There will be separate septic and well for the dwelling. They are meeting with the architect next week. Chairperson Newman asked that some preliminary materials from the architect be available for the public hearing tentatively set for April 30 , 2003 at 7 : 15 p . m . Motion to Schedule Public Hearing - Araneo A motion was made by Olivia Vent and seconded by William Farrell that the Planning Board of the Town of Danby sets the date of Wednesday, April 30, 2003 at 7 : 00 p . m . for a public hearing to hear the Araneo proposal for a Special Permit for a proposed second, detached dwelling on one lot, at 1311 Coddington Road. A vote on the motion resulted as follows : Carried Sketch Plan Review - Schlesinger Jan Schlesinger submitted a request for Special Permit for a proposed use of an existing dwelling as a bed and breakfast dwelling. At 1011 Fisher Settlement Road, Town of Danby Tax Parcel 23 . - 1 - 13 . 2 , 37 . 36 +/- acres total . Susan Beeners described the proposal to the Board and explained that the property is surrounded by State Forest lands . There is a horse barn on the property and a variance was obtained to meet the setback requirements . The property is remote and there is a conservation easement held by the State of New York. The State has no problem with the proposal as long as there is no expansion of the driveway, parking or construction sites on the property . The proposal is for the project to be completed in phases with the facility to open sometime between September 2004 and June 2007 . She would like to get a Special Permit now as proposed as a staged plan so that she can move ahead and start the work. She may have to talk to the DEC about the horse trails she has planned. Motion to Set Public Hearing Date for Schlesinger A motion was made by Olivia Vent and seconded by Linda Hansen that the Planning Board of the Town of Danby schedules a public hearing to hear the Schlesinger proposal for Request of a Special Permit for a proposed use of an existing dwelling as a bed and breakfast dwelling at 1011 Fisher Settlement Road for 7 : 00 p . m. on Wednesday, April 30 , 2003 . A vote on the motion resulted as follows : Carried Miscellaneous Reports County Aquifer Maps and Proposals Chairperson Newman said it is important to encourage the County to move forward with the evaluation of the aquifers in Danby. The USGS produced proposals for complete studies of the aquifers in the County . Susan distributed maps and descriptions to the Board of aquifers that are in Tompkins County . There is sixteen( 16) proposals and one for each of the aquifer areas . There is one copy of the map with two(2 ) proposals that pertain to Danby . They have the budget for the particular aquifer attached with proposed costs for a complete study. The Water Resources Council is studying the maps . Intern for Planning Board Chairperson Newman reported that she has applied for an intern to work with the Planning Board and the job has been posted . Phinney Proposal for Subdivision Susan Beeners reported to the Board that they will be receiving information in the mail a subdivision proposal for the Phinney Property for the meeting on April 30 , 2003 . PUBLIC HEARING - COMPREHENSIVE PLAN - Reminder The public hearing for the Comprehensive Plan will be scheduled for May 21 , 2003 at 7 : 00 p . m . Planning for the presentation and public notice is ongoing. Copies of the Draft Summary of the 770 6 Planning Board Minutes April 16, 2003 Comprehensive Plan will be available for residents to pick up at the Danby General Store and at the Town Clerk ' s Office . Copies of the Draft Comprehensive Plan have been placed in the Danby Community Library and at the Clerk ' s Office . Respectfully submitted , ! _ . .. A • ./ ! iI , . . , arol W. Sczepan "' ' ; Secretary min-4- 16 . 03