HomeMy WebLinkAbout1997-10-07 - PB Ulysses Planning Board, 10/7/97 a
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Town of Ulysses Planning Board
Regular Meeting October 7, 1997
Present : Chair Dave Tyler, Members; Greg Hoffmire, Krys Cail , and Peter Dernjanec
Also present : Attorney Bruce Wilson, Consultant Thomas Aiston, Town Supervisor Doug
Austic, Bob BtA9clexCi ocertoctra Fn.' e'
Recording Minutes : Clerk Debra Austic
Dave called the meeting to order at 7 : 40 p . m . The Board reviewed the minutes
from the public hearing on 9/23 /97 . The following changes were made ; page 1 , meeting
began at 7 : 06 p . m . ; page 8 , note confirmation letter provided by attorney Burgdorf of
additional information to be submitted; last page, change hearing "ended" to "recessed . "
Greg made a motion to approve minutes as amended, seconded by Peter, passed
unanimously .
Bruce Wilson suggested the Board go to executive session to discuss the pending
litigation with Frontier. The motion was made by Krys, seconded by Peter, passed
unanimously .
The Board returned from executive session at 8 : 05 p .m . Krys made a motion to
resume the regular meeting , seconded by Peter, and passed unanimously . Dave suggested
the meeting would be a working session with the applicant, Frontier, and hoped a date for
another public hearing could be set by end of the night. Burgdorf explained the applicant
further examined sites # 1 (DPW) and #6 (Reynolds Rd) at request of the Board . Burgdorf
reviewed the Aeronautical Safety Analysis Corporation (ASAC) report which stated that
all three sites would be permitted under FAA regulations, sites # 1 at 195 ft and #2 at 195
ft would not need to be lit, site #6 at 250 ft would need to be lit. ASAC was unable to
finish evaluation of the unregistered airport on Iradell Rd . because information about
exact location of airport was not available . ASAC explained that an unregistered airport
is not open to public and it is expected the users will have knowledge of obstructions .
Dave questioned whether site #6 at 250 ft was with analog or digital system..
Burgdorf and applicant ' s engineer Jacobson explained the 250 ft was for minimum
analog quality but they were testing to see if they could lower the height and change
requirements . Krys confirmed the DPW site if moved to an adjacent location nearby
would have to be increased to above 200 ft.
Burgdorf submitted additional appraisal information showing sales prices of
homes in new developments built near towers . Krys asked whether information was
available on an area similar in historical/tourist character. Dave questioned whether
information was available on property value change in existing housing .
Burgdorf submitted revised cost analysis of second cell site including a credit for
not building tower and electronics discount; cost of another item was raised due to a retail
price increase .
Dave asked for the opinion of consultant Aiston. Aiston suggested that the exact
cost of the second site was not the issue , but to recognize the cost is significant,
especially when considering analog plus digital . Aiston suggested if the Board decided to
push for a two-cell site it would be a game of "economic chicken," leaving the decision
facing the applicant of the cost of litigation versus the cost of additional cell . Krys stated
she was interested in the seeing documentation of the financial benefits to applicant of the
• additional coverage provided by a second site . Burgdorf suggested additional coverage
provided by a second cell would wreak havoc on the network design layout. Burgdorf
suggested that requesting a second cell undermines the essence of competition preserved
in the Telecom Act.
Burgdorf provided visual simulations requested . He explained the process
involved in the balloon test and submitted affidavit and credentials provided by Patricia
Russotti , the person who performed the simulations . Burgdorf showed simulations of site
#2 (Mekeel Rd) . He explained photos were taken from the two closest houses, on Mekeel
Rd . Burgdorf showed additional photos from various points along Mekeel Rd,
Jacksonville Rd, Swamp College Rd, Reynolds Rd, and Cold Springs Rd at points where
tower would be visible . Burgdorf suggested the possibility the tower could be moved a
bit to the east to remove from direct view of two homes . Krys pointed out that Alex
Rachun was present at the balloon test and she was present for sites #6 and # 1 . Burgdorf
displayed simulations of site #6 (Reynolds Rd) . Dave observed the tower at #6 would be
Ulysses Planning Board , 10/7/97 3 .�
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significantly taller than the 195 ft at other possible sites . Jacobson explained there were
more topographical obstructions for site #6 . They could try at 195 ft to see if it works, but
it would compromise goals . Burgdorf showed simulations from site # 1 (DPW) .
Burgdorf confirmed the Town passed a resolution not to make DPW site available
to lease . Krys questioned applicant about other possible sites suggested by residents on
Stover and Gulledge properties . The applicant' s site acquisition consultant, Pacyga,
stated he had contacted Gulledge who offered an area of his property , but it did not work
technically to meet coverage . There was a discussion of the relation of Gulledge property
to search area and height. Burgdorf agreed they could check an area on Gulledge property
closer to Rte 96 if agreeable to owner . Dave expressed frustration that DPW site not
available . Krys asked about results from discussion with Stover about leasing property .
Pacyga stated he had contacted Bud and was referred to Beech, who said no to lease .
Dave suggested Bud was interested but was asking for higher lease amount. Krys •
referred to and read into the record a letter to the Planning Board from Bud dated
10/6/97 , stating he would abstain from future discussion and voting on the Frontier issue
since contact on 10/02/97 by Frontier about possible site for tower. Burgdorf agreed it
would be a good site if willing to lease at a reasonable price . Burgdorf referred to
possible site as # 1A . There was discussion of ownership of the property by Bud or Beech
Stover and Pacyga agreed to contact Bud again about possibility . Krys questioned Doug
Austic about possible access to a site through DPW property but determined probably not
possible due to elevation drop-off Burgdorf confirmed that Board was interested in
applicant pursuing Stover property .
Board members expressed their preferences .
Dave : would like to see the tower stay under 200 ft. His first choice would be site
1 . He felt site 2 would impact a number of houses and site 6 at 250 ft seemed pretty
visible .
Greg : would also like to see a tower under 200 ft, without lights . Greg felt site 2
would be the worst choice . Greg thought site 1 would be best for a single tower, or
adjacent property site 1A . Greg preferred the idea of using existing towers if possible .
Krys : would prefer to see existing towers used and would like confirmation that is
not possible, including WPIE radio towers on Seneca Rd and cellular tower on Bostwick
Rd . Burgdorf agreed to send those propagation studies to consultant Aiston. Krys ' s next
choice would be for the site to be in the Jacksonville area because of the screening .
Burgdorf agreed to approach Stovers and Gulledge for sites .
Peter said of the options, site 1 was best, site 1A, and site 6 under 200 ft. Peter
thought the best choice would be 2 cell site .
There was a discussion of site 1 (DPW) . The Board expressed frustration that the
Town Board had voted not to lease the property . Members questioned the reasons for the
decision, including public referendum, environmental and maintenance concerns, and
suggested it would be the best choice from a land use perspective .
Burgdorf showed the Board information from drive test of current Ulysses
coverage . Jacobson explained the drive test procedure and results of the test, which
showed no continuous quality coverage for Ulysses . Some signals from distant cell sites ,
which caused other problems and interference . Jacobson also showed propagation studies
of current sites and coverage provided, based on the system design grid. Jacobson
explained the method used to locate a site in the cell, variables included boundaries of
existing coverage, traffic, population, and marketing . Jacobson submitted a list of
companies that use the computer modeling design tool used in the propagation studies .
Krys asked to what degree next cells had been designed and may act differently •
than anticipated . Krys suggested that since the Village is actually in the grid north of
Ulysses grid, using the fire tower and another tower would not put two towers in one
grid.
Thomas Aiston brought up a letter from Mark Hutchins to Jean Foley in which it
was stated that the latitude and longitude was used in the propagation study of the fire
tower . Hutchins ' letter suggested that a cell site on the fire tower at 120 ft height would
provide coverage to Ithaca. Jacobson stated that Frontier ' s propagation studies showed
inadequate coverage at 195 ft and suggested that the design tool being used by the
applicant was superior to that used by Hutchins and provided more precise information .
Burgdorf offered to have GPS verify the latitude and longitude of the fire tower. Dave
referred Burgdorf to John Levine of the Village Board to contact for interest in fire tower.
Board members selected propagation studies for the applicant to copy and provide
to the Board .
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Ulysses Planning Board, 10/7/97 3 (0
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Dave asked the Board if they wanted an application on site 6 . Peter suggested that
less than 200 ft would be fine, but not for 250 ft. Krys asked Burgdorf if that could be
explored more . He stated they would try it but that Jacobson is not comfortable with the
compromise and would need okay from higher up. Krys suggested a site could consist of
more than one leased landowner to avoid the need for a variance . Bruce Wilson asked
whether the applicant would submit new or amended applications . Burgdorf stated they
would amend the application to keep original timeline in place . Bruce urged the Board to
be specific in their requests to make notification for a public hearing possible . The Board
set the date for the public hearing at Thursday, October 30, 1997 .
Peter Penniman stated that the Town Board voted not to lease the DPW property
due to the tower location presented, the highway supervisor would be unable to operate,
and a side- lot variance would be required . Burgdorf stated a freestanding tower could be
• used . The DPW site would be costly for the applicant with three boards (Town, Planning,
Zoning), additional engineering and Phase 1 environmental audit . There was discussion
of the location of the old dump site in relation to a possible tower site .
Krys wanted to request on the record that the applicant submit an amendment for
2 cell site using the fire tower. Burgdorf stated they would not amend for 2 cell site . Krys
requested they could show it would work with the next cell north. Jacobson explained
they couldn' t calculate next cell until present cell is done . Krys suggested the applicant
do that cell first. Burgdorf stated in Cortlandville ruling upheld that the Town cannot tell
the Telephone Company to do another cell first . There was discussion of whether the fire
tower was a viable option and should be included in the notice .
Amendments requested by the Board were ; site 2 (Mekeel) at 195 ft and moved
east, site 1 (DPW) at 195 ft. , site 6 (Reynolds) at 195 ft if possible, site 1A (Stover), and
site 1B (Gulledge) . Burgdorf stated the application would be short; a letter, EAF, and
variance . Dave requested the amendments by 10/ 14/97 . Walt Pacyga agreed to talk with
Jim Meeker again. Krys agreed to write a letter to the Town Board . Bruce agreed to
prepare the public notice once he received the amendments .
Sue Brock stated that Cloud Dancer Arial Photography offered to fly their balloon
for anyone who missed the other.
The meeting adjourned at 10 : 45 p .m .
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