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HomeMy WebLinkAbout2019-9-18TOWN OF GROTON ZONING BOARD OF APPEALS Meeting Minutes - Wednesday, 18 September 2019 - 7:00 PM Groton Town Hall Court Room - 101 Conger Boulevard - Groton, NY Board Members (*Absent) Others Present Ted Schiele Fran Casullo, Town Attorney Paul Fouts Sheldon Clark, Town Councilman Patricia Gaines Joan E. Fitch, Board Secretary Carolann Darling Daniel Cerretani Applicants & Public in Attendance Matt Kerwin, Attorney for Applicant, AT&T Mobility Corp.; Joe Manning, Ivan Zaj???, Mark Fuentes, Joe? (did not record his Attendance, but spoke at Public Hearing). PUBLIC HEARING AT&T Mobilitv Corp., Applicant/ Christopher Tallman, Reputed Owner - 601 Sovocool Hill Road - TM #31.-1-3.1 - Area Variance(s) - Proposed Telecommunications Tower The Public Hearing was opened at 7:04 p.m. by Chairman Ted Schiele. The Board Secretary read aloud the Legal Notice as duly published on 11 September 2019. Proof of Publication has been placed on file for the record. After introducing the Board members, Chairman Ted Schiele recognized Matt Kerwin, Attorney of Barclay Damon, representing the applicant who was seeking an Area Variance to (1) permit a fall zone radius less than allowed, (2) a smaller lease area than allowed, and (3) allow a narrower access drive than allowed. Mr. Kerwin explained to everyone present that AT&T is proposing to construct a 154 -foot monopole telecommunications tower (with a 5 -ft. lightning rod), on a 50 -ft. by 60 -ft. fenced compound of the 9.9± -acre subject property, as shown on the map accompanying the application. The proposed access road would have a width of twelve (12) feet, wherein the Town Code requires 20 feet. Plans were displayed on an easel. In response to Chair Schiele's question, Mr. Kerwin advised there would be no guy wires. The fall zone, Mr. Kerwin stated, would be contained entirely within the leased area. The 77 -foot fall zone shown is half the height of the proposed tower as it is designed to have a "specially designed break point" of halfway up the tower. In other words, he explained, the bottom half of the tower was "over designed" for that purpose. The tower is being proposed to cover service deficiencies within its network, as shown on the colored propagation maps. Mr. Kerwin stated they had looked at other locations, but the subject property presents the best opportunity to address the needed coverage. It does not to be lighted, as it is less than 200 feet in height. The proposed lease period would be 25 years with additional five-year increments considered. The Board carefully reviewed all of the exhibits (#I thru 14) in the extensive application, with Mr. Kerwin providing brief descriptions of each. Town Councilman Sheldon Clark asked about co -locating on a nearby Verizon tower; Mr. Kerwin was not familiar with this tower, but said it might not be designed for additional equipment, or it might be a business decision, or it might not be in a location that is as good as the Tallman property. Chairman Schiele thought that the "co -location thing needed further study." Tree removal was discussed; there will be about 44 trees that will have to be removed. Page 1 of 3 Town of Groton ZBA Public Hearing & Meeting Minutes 18 September 2019 Chairman Schiele then asked if there was anyone present who wished to speak on this variance request; there were, as follows: Joe ?? (did not sign Attendance Sheet) - Concerned with fall zone. Also asked about the proposed easement. Why can't they use another tower? Mr. Kerwin responded to what variances were being required. Sheldon Clark - Will proposed tower be available to other carriers for co -location? Mr. Kerwin responded that it would. Member Paul Fouts asked if there was any certification available regarding the "break design" of the tower. Mr. Kerwin said there was, and he could provide a letter from the designer. Attorney Casullo asked Joe if he had any other comments, and Joe stated he was satisfied with the response he had received. Mr. Kerwin stated he could respond to the Tompkins County Department of Planning 8v Sustainability's comments in writing. Attorney Casullo advised that the Board should keep the Public Hearing open; only one person appeared, he stated. Addressing the Board, he said "you could come back and address the Tompkins County concerns, and then move forward." After further discussion, a motion was made by Member Patricia Gaines to adjourn the Public Hearing on the requested variance(s) for the proposed telecommunications tower until 23 October 2019 at 7 p.m. The motion was seconded by Member Paul Fouts, with the vote recorded as follows: Ayes: Chairman Schiele Nays: None Member Gaines Member Fouts Member Cerretani Member Darling Motion carried. This becomes Action #4 of 2019. Town Attorney Casullo cautioned the Board that until the AT&T application is completed that they plan on meeting once a month in consideration of time limitations for the application. Both the third Wednesday of the month and the last Wednesday of the month were discussed. The Board Secretary reminded the Board that they officially set their meeting date/time at their Organizational Meeting in January. Member Cerretani reminded Mr. Kerwin, representing AT&T, that before the next meeting he needed to investigate the possible use of other towers, and emergency use should be considered. Attorney Casullo suggested writing a narrative to cover these matters. REGULAR MEETING The Regular Meeting of the Town of Groton Zoning Board of Appeals was called to order by Chairman Ted Schiele at 8:15 p.m. APPROVAL OF MINUTES - 30 JANUARY 2019 A motion was made by Member Fouts to approve this Board's Minutes of 30 January 2019, as submitted. The motion was seconded by Member Carolann Darling, with the vote recorded as follows: Ayes: Chairman Schiele Nays: None Member Gaines Member Fouts Member Cerretani Member Darling Motion carried. This becomes Action #5 of 2019. Page 2 of 3 Town of Groton ZBA Public Hearing & Meeting Minutes ADJOURNMENT 18 September 2019 At 8:18 p.m., a motion to adjourn was made by Member Darling, seconded by Member Fouts, with all members present voting in the affirmative. J n E. Fitch, Board Secretary Emailed to Supv., Town/Deputy Clerks, CEO Fritz, Attorney Casullo & Board Members on 11/10/19. Page 3 of 3