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HomeMy WebLinkAbout2001-08-08 - TB 013 7 ULYSSES PLANNING BOARD REGULAR MEETING 8/8/01 PRESENT : Planning Board Chairman George Kennedy, Planning Board members Rose Hilbert, Lorren Hammond, Mark Ochs, Richard Geiger, Code Enforcement Officer Alex Rachun, Planning Clerk Eva Gabriel. ALSO PRESENT : Anthony Marshall, Attorney for Independent Wireless One Corp. , Jimmie Stober, Site Development Consultant for Independent Wireless One Corp. , Jacob Warner, Engineer for Independent Wireless One Corp. , Douglas Austic, Supervisor Town of Ulysses, Sue Poelvoorde, Town Council, Bruce Wilson, Town Attorney_ NOT PRESENT : Planning Board members Paula Horrigan and David Tyler. Chairman George Kennedy called the meeting to order at 7 : 36 p.m. The first order of business before the Planning Board was the review of the application from Independent Wireless One Corp . involving the construction of a communications tower on the site of the Trumansburg Fair Grounds . Mr. Kennedy requested an executive session with the Town Attorney, Bruce Wilson, for advise on a potential litigation matter. The Planning Board members, Mr. Rachun, and Bruce Wilson briefly discussed the necessity of an executive session. Mr. Kennedy asked if there were any further comments from the Planning Board members. None were heard. Mr. Kennedy moved , seconded by Ms. Hilbert to go in to an executive session Mr. Kennedy aye Ms. Hilbert aye Mr. Geiger aye Mr. Hammond aye Mr. Ochs aye The meeting moved to executive session at 7 : 45 p. m . The Planning Board meeting reconvened at 8 : 07 p. m . Mr. Kennedy noted that the Planning Board would review the Independent Wireless One Corp. application. Mr. Kennedy asked if there were any questions concerning the site plan or any related documents. Mr. Rachun noted that in discussing with the Fair Grounds the Fair Association did want to have the tower placed at the site proposed and did require three variances. One being that the proposed tower would have to be 120 feet at this location. It would be 290 feet from the nearest dwelling instead of 300 feet, and it would be closer to the property line than required, which is 125 feet . Mr. Geiger asked the Planning Board if this would have to go back to the zoning board for final approval with the variances. Mr. Rachun answered that it would not have to go back to the zoning board. The variances have been approved for this site. 070 Town of Ulysses 2 Planning BoardiMeeting 8/8/01 The Planning Board, Mr. Rachun, and the representatives for Independent Wireless One Corp. discussed the variances approved, reasoning for the variances being made in advance and the issuing of the permit. Mr. Kennedy noted that the map submitted did not show any parking spaces and two parking spaces were necessary. Mr. Marshall noted that the ordinance suggests there be two parking spaces for maintenance purposes. Independent Wireless One Corp. feels no need to park two vehicles there on any kind of consistent basis. The extent that the tower needs to be visited would be to make a repair or for maintenance. The lease signed with the Trumansburg Fair Grounds grants to Independent Wireless One Corp. general easement rights of access. Mr. Marshall read the lease agreement male with Trumansburg Fair Grounds. The lease stated that the site to be used by Independent Wireless One Corp. would be used for the purpose of installing, removing, replacing, maintaining, modifying and operating this facility. Independent Wireless One Corp. would use this site in a matter, which would not disturb the occupancy of the owner' s. Independent Wireless One Corp. will have access to the site 24 hours a day. Mr. Kennedy asked Mr. Marshall where the maintenance vehicles would park. Mr. Marshall stated that access would be by Rabbit Run Road . Mr. Warner noted that Independent Wireless One Corp. would pull vehicles into the compound and park. Mr. Stober noted that IWO would park on the compound area. Mr. Geiger noted the use of adequate emergency access that would be necessary. The parking and turnaround needs to be adequate for this purpose. Mr. Marshal noted the lease of the site provides easement or access for any kind of an emergency. Mr. Hammond noted issues of access. Independent Wireless One Corp. personnel and the Planning Board members discussed access to the tower and parking issues. Mr. Warner explained tower maintenance and access that may be needed by Independent Wireless One Corp. Mr. Warner noted access that may be needed would fit within the boundaries of compound. Mr. Marshall noted that he would talk with emergency personnel. Mr. Kennedy noted that the Planning Board needed to be provided with a corresponding letter of resolution from the emergency attendants. Mr. Marshall stated he would provide the Planning Board with the letter needed. Mr. Marshal noted that on Rabbit Run Road there is a small-proposed access area that is 100 feet . Mr. Marshal reads from the statue for site. Mr. Marshal noted adequate emergency and service access is necessary. Independent Wireless One Corp. does not need to pull directly up into the site. The technicians are able to pull off Rabbit Run Road and walk to site to perform service work. If necessary to satisfy Planning Board, Independent Wireless One Corp. could draw two parking spaces on map. Mr. Marshall explained the access road to be installed. Ms. Hilbert asked how wide the gate entering the compound would be . Mr. Marshall noted the dimensions to be on map E-4 as 14 feet. dn? Town of Ulysses 4 Planning Board Meeting 8/8/01 Mr. Kennedy noted the next section to be reviewed would be Appendix A of the State Environmental Quality Review Long Form, as prepared by Independent Wireless One Corp. Mr. Kennedy asked if there were any questions concerning this section of the application. Mr. Kennedy asked if the proposed site contained any plant or wildlife that could be identified as threatened or endangered Mr. Marshall stated that he was still awaiting an answer from conservation. Mr. Geiger noted that the state park property included a stream. Mr. Kennedy asked if there were any comments on the stream or creeks in the area. No comments were heard. Mr. Kennedy noted the next section to be reviewed by the Planning Board to be section B, (Project Description), of the State Environmental Quality Review Long Form as prepared by Independent Wireless One Corp. Mr. Kennedy noted question B-21 of the SEQR as prepared by IWO concerning an increase in energy usage. IWO had marked the question no . Mr. Kennedy asked if the project would result in an increase in energy use . Mr. Warner noted that the answer should have been yes instead of no . Mr. Kennedy noted that there were approvals required pertaining to question B-25 and it is marked no . The answer should be yes. Mr. Kennedy asked this to be corrected. Mr. Marshall noted that corrections would be made . Mr. Marshall noted the submittal date be changed to July 18, 2001 . Mr. Kennedy asked if there were any further questions concerning that particular section of the application. Ms. Hilbert asked who would be contacting emergency providers. Mr. Marshall stated that he would. Mr. Kennedy noted the Planning Board members would now review part C, (Zoning Variance), of the State Environmental Quality Review Long Form as prepared by Independent Wireless One Corp . Mr. Kennedy asked if there were any questions pertaining to part C of the State Environmental Quality Review Long Form as prepared by IWO. Ms. Hilbert asked if the proposed site was commercial or residential. Mr. Rachun answered residential. Mr. Kennedy asked if there were any further questions pertaining to part C of the State Environmental Quality Review Long Form, as prepared by Independent Wireless One Corp. There were none. Mr. Kennedy noted that the Planning Board would now review part 2 of the State Environmental Quality Review Long Form, as prepared by Independent Wireless One Corp. Mr. Rachun and Mr. Geiger noted that it was not necessary for the Planning Board to review Part 2 of the State Environmental Quality Review Long Form, as prepared by 694o Town of Ulysses 3 Planning Board Meeting 8/8/01 Mr. Stober noted the gate to be 14 feet to accommodate a crane . Mr. Kennedy asked if there were any maps that had details about the 12-foot wide gravel access road, the concern being access by emergency vehicles. Mr. Rachun asked if this was a secured site . Mr. Rachun noted that in reviewing the application he did not review it for emergency access. Mr. Warner noted that a 6-foot barbed wire fence would surround the tower that is kept locked. Mr. Warner noted there would be an emergency number posted on the site. Mr. Marshal noted that the drawing plan indicates the road to be 12-foot wide, (gravel) there is going to be a 36-inch culvert and it will follow the contours of the road. He noted the details to be on the drawing. Mr. Stober explained the preparation of the access road. Mr. Stober, Mr. Marshall, Mr. Warner, Mr. Rachun and the Planning Board members discussed the access road, the culvert and the turnaround. Map E-2 was pointed out to have the information of the access road. Map E-2 was noted to be missing from some Planning Board member' s applications. Mr. Kennedy noted the description Mr. Marshall gave of the access road did not sound like it would be suitable for the use of emergency vehicles year round. Mr. Kennedy noted the map did not show a turnaround. Mr. Marshall stated that Rabbit Run Road would provide a driveway to back into or to back into and pull out. Mr. Hammond described scenarios why two parking spaces are needed in an i A emergency. He noted the ordinance states the road turnaround and two parking spaces should be provided to assure adequate emergency and service access. Mr. Kennedy noted that Independent Wireless One Corp. had addressed the service access but not the emergency access. Mr. Marshall noted that the access for service is also access for emergency. Mr. Marshall stated that the access for emergencies would be addressed with the emergency providers of the Town of Ulysses. Mr. Kennedy noted that the Planning Board would need a corresponding letter of resolution with emergency attendants. Mr. Warner showed a drawing to the Planning Board. Mr. Warner noted that there would be gravel flanking the gates. During the construction phase there will be a crane using the access road. He feels the road would be capable of handling a fire truck or other emergency vehicle. Mr. Marshall noted that the compound would be able to accommodate more than two vehicles. Mr. Kennedy and the Planning Board members noted corrections needed to be made on the map and asked it to be corrected. Mr. Kennedy asked if there were any further questions pertaining to the section under review. None were heard. • 74/ Town of Ulysses 5 Planning Board Meeting 8/8/01 Independent Wireless One Corp. at this time unless there were particular issues that needed to be raised in advance. The Planning Board discussed the matter of reviewing Part 2 of the State Environmental Quality Review Long Form as prepared by Independent Wireless One Corp. Mr. Kennedy asked the Planning Board if there were any questions pertaining to Part 2 of the State Environmental Quality Review Long Form as prepared by Independent Wireless One Corp. Mr. Kennedy noted he had questions about # 8 and # 9 and would like to hear an answer from the agencies involved. Mr. Rachun noted that he did not fill out Part 2 as the SEQR agent for the Town of Ulysses. The applicant had filled in this section. Mr. Rachun noted the board should fill out Part 2 of the State Environmental Quality Review long form a prepared by Independent Wireless One Corp. He also noted that other involved or interested agencies be notified and made aware of this proposal before the Public Hearing. Mr. Rachun noted the Full Environmental Assessment Form had not been signed and the Planning Board Clerk would need a signed copy prior to the Public Hearing. Mr. Marshall noted that Independent Wireless One Corp. would provide the signed copy before the date of the Public Hearing . Ms. Hilbert asked if this project required the use of any other utilities other than electricity. Mr. Warner answered no . Mr. Geiger noted the visual effects would be a principal issue. Mr. Geiger noted the necessity for significant screening. Mr. Kennedy noted that on the visual EAF addendum question# 3 of the State Environmental Quality Review Long Form, as prepared by Independent Wireless One Corp, pertaining to the use by the public during the time of year during which the project will be visible. Independent Wireless One Corp. marked this not applicable. It should be marked yes. Mr. Hammond noted that number 3 of the State Environmental Quality Review Long Form as prepared by IWO would undeniably be yes. Mr. Hammond noted that the project would be visible all year around and the public will be using all of the resources listed in number 1 on the SEQR long form as prepared by IWO . Mr. Kennedy noted that question number 5 of the State Environmental Quality Review Long Form as prepared by IWO pertaining to visually similar projects within certain miles. Mr. Kennedy asked Independent Wireless One Corp. representatives if they were aware that there is a tower on McKeel Road, which is within 2 miles from the Trumansburg Fair Grounds. Mr. Marshall answered yes they were aware of the tower on McKeel Road. Mr. Kennedy asked if there were any other questions. Mr. Geiger noted that in addition to the McKeel tower there were other towers that are located in the Village of Trumansburg. Mr. Rachun suggested that the Visual EAF Addendum is an addendum to part 2 of the State Environmental Quality Review Long Form as prepared by Independent Wireless One Corp. , which the Planning Board should fill out. Mr. Marshall asked about the antennas that Mr. Geiger had indicated for similar use. Town of Ulysses 6 Planning Board Meeting 8/8/01 Mr. Rachun noted that the Village has an antenna on Halsey Street and there are also antennas on the Village water tank. Mr. Rachun noted that there are structures that can be utilized for antennas Mr. Geiger noted that Ehrhart ' s Gas has a two-way radio tower. Mr. Kennedy asked if the Planning Board had any more questions concerning the application. Ms. Hilbert questioned number 4 (Visual EAF Addendum) on the State Environmental Quality Review Long Form as prepared by Independent Wireless One Corp. concerning overlooks. Ms. Hilbert noted there to be an overlook where the covered bridge used to be. The overlook is within one mile. Mr. Kennedy asked if there were any more questions on that section. None were heard. Mr. Kennedy stated that the Planning Board would now look over the lease. Mr. Kennedy asked the Independent Wireless One Corp . representatives if they would be able to provide any plans for shielding, shrubbery or coverage. Mr. Marshall noted map T2 to show approximate location of proposed trees. He noted the exhibit in the lease is a hand drawing and noted that the construction drawing would supercede this drawing. Mr. Rachun noted that zoning plans and elevations shows on the North side of the fence and a bit on the East side of the fence shows a line of coniferous trees 6 feet on center. Ms. Hilbert noted that question number 2 in the lease terms, the agreement is to be a five year term that automatically turns over four more times. Ms. Hilbert noted the agreement is automatic on the condition that Independent Wireless One Corp. agrees to the terms. Ms. Hilbert noted that in 5 years Independent Wireless One Corp. could decide not to renew and the Trumansburg Fair Grounds would have a tower there. Mr. Marshall pointed out that in paragraph 7 C on the lease agreement it states that upon termination of the agreement IWO is required to remove the facility. Ms. Hilbert noted that IWO ' s license expires in 2005 and asked if that is why IWO set up the lease to be renewed every five years. Ms. Hilbert asked if the five-year agreement licensing is based on technology changes. Ms. Hilbert asked what a five-year build out was. Mr. Marshall noted that whether technology changes or not Independent Wireless One Corp. will take down the tower. He noted it would be cheaper to take the tower down than to pay rent for twenty-five years. Mr. Marshall noted that the five-year build out on the license is when the FCC requires that 33 % coverage be obtained within the first five years of the license issuance. If 33 % coverage is not obtained then the FCC revokes license. Mr. Marshall noted that Independent Wireless One Corp. has reached the 33% build out requirement. Ms. Hilbert asked if Independent Wireless One Corp. has obtained their 33% coverage. Mr. Marshall answered yes. The Planning Board and The Independent Wireless One Corp. discussed the five-year build out requirements. Mr. Kennedy noted attending a wireless planning workshop. He noted that at the workshop one of the discussions was that companies had to put up tall towers to cover a wide range of territory and as business increased then the companies put up additional towers that did not have to be as tall in order to not only provide coverage but to be able to hold the capacity. Mr. Kennedy asked Mr. Warner if this was true. d0 Town of Ulysses 7 Planning Board Meeting 8/8/01 Mr. Warner noted that to be a general statement and sometimes it works. What Independent Wireless One Corp . does is try to do it based on what coverage a certain target will provide, in this case it happens to be Route 96 and the Village of Trumansburg. The frequency that IWO uses is for covering large areas and also IWO ' s technologies are much more advanced than the capacity issue. The carrying capacities of the smaller antennas are for a large city. Mr. Kennedy asked if there were capacity issues in the future, would there be modifications to the tower. Mr. Marshall noted that there would probably be no changes made to this particular tower. Mr. Warner noted that there is a possibility that there are a few ways this could be done. What happens is when IWO runs out of capacity they would look for smaller sites. The large site would cover a footprint meaning you would get all the area coverage. Customers could drive along areas and still have coverage and then IWO would put little smaller sites in anticipation for heavier use of phones, like on a college campus. The small site would just cover the college campus so that little site in that one little area would serve the people on the campus and then the taller site would provide a big area of coverage for off of the campus. Line of sight is still used but it is a matter of use of micro-cells. Micro-cells can be used within an area where IWO would anticipate the heaviest use of traffic. Mr. Kennedy noted that Mr. Warner meant a significant use in capacity. Mr. Rachun asked Mr. Warner to explain what the height of a micro-cell would be. Mr. Warner noted that answer depends on what is needed, for example if it ' s inside a wall, like a smoke detector, it is done based on how much area is to be covered. Sometimes these micro-cells can be installed on the side of a building. Mr. Rachun asked if IWO is able to use micro -cells then do they anticipate this 120 ' tower to be more structure than the town of Ulysses needs. Mr. Warner noted he could not answer that question at this time. Mr. Rachun noted that he noticed in the propagation maps that there are some black areas along Route 89. Mr. Rachun noted Route 89 to have the densest population in the town of Ulysses other than the Village . Mr. Rachun noted that area always seems to be a dark spot in the cellular industry. Mr. Warner noted he couldn't predict what the business plan would be in the future. Mr. Kennedy noted that at last month' s meeting Mr. Marshall had commented on not just telephone usage, but also the use of data that would be transmitted. Mr. Marshall noted that would be for emergency usage. Mr. Geiger stated that IWO wanted coverage along Route 96 because of the population density not because people drive on Route 96. He noted that the data transmission would come from people in their homes on Route 96. Mr. Marshall noted that people do travel back and forth from their homes. Mr. Marshall noted the capabilities of digital wireless communications used by emergency providers. Mr. Marshall noted that the towers height would depend on what sites were available. He noted that coverage and capacity were two different things, coverage being the area to be covered, and capacity being the usage. Capacity does not require a tower to be installed, coverage does. Mr. Rachun noted that in this area coverage blanks out quite often. d2/1"/ Town of Ulysses 8 Planning Board Meeting 8/8/01 Mr. Marshall noted that if there is more capacity the tower does not need to be taller. Mr. Kennedy asked what area the license was for. Mr. Rachun pointed out that on the maps it shows the area of coverage. Independent Wireless One Corp. is licensed for some of the Town of Ulysses. Mr. Hammond asked Mr. Warner why the antennas on water towers were not on the tops of the towers, but are lower. Mr. Warner explained inflection points and the increase in coverage. When a tower is raised inflection points are reached. As a tower is raised the inflection point jumps and coverage increases as obstacles are overcome. Mr. Hammond asked if Independent Wireless One Corp. did studies that show that. Mr. Warner noted that IWO did not do any studies that show that . Mr. Hammond asked if it would be possible to raise the existing antennas and would this allow the proposed antenna to be reduced in height . Mr. Warner stated he did not think that was possible. The structures are addressing specific geographic features. Mr. Warner showed a topographical map and demonstrated a scenario of long flat land with a dip and showed how the height of the tower would cover the dip . Mr. Geiger asked how tall the antenna would be if it were put on the top of the water tower at Perry City Road. Mr. Warner noted the tower would be about 150 feet. Ms. Hilbert asked if a smaller tower could be put in the dip. Mr. Warner noted that the dip was not the only problem; 1'.here were problems in the Village of Trumansburg also . Ms Hilbert asked where in town is the gap in coverage. Mr. Hammond asked if IWO was concentrating on one 120 ' tower because it is less expensive than putting three antennas on shorter existing , structures to get the same coverage and was it possible to go on two or three existing structures without building this antenna. Mr. Warner answered that an alternative structure analysis has been done . Mr. Marshall noted that they prefer to co-locate because it is easier and cheaper. Mr. Hammond asked if IWO looked at single co-location sites or combination sites as opposed to this tower that IWO is proposing. Mr. Warner noted that alternate sites have been analyzed. Mr. Warner noted a site in Dryden that the antenna is on a silo that is only 35 feet tall. Ms. Hilbert noted the possibility of a shorter tower at the Fair Grounds and co-location in the Village of Trumansburg on another site . Ms. Hilbert noted that there would be a problem at the Public Hearing concerning the height . The Planning Board reviewed the maps submitted by Independent Wireless One Corp . showing propagation studies. The dip in town was noted to be the primary justification dr-S Town of Ulysses 9 Planning Board Meeting 8/8/01 for the necessity of height for the proposed tower. Alternative propagation studies were looked at. Gaps were noted. Mr. Rachun asked if the proposed tower was to be 120 ' to help obtain access outside of the Town of Ulysses. Mr. Warner noted the proposed site would enhance the area of coverage. Mr. Geiger asked if the proposed tower would actually be better than co-locating on the McKeel Road Tower and on the Trumansburg Water Tower. The combination of those two sites seems to provide adequate coverage. Mr. Hammond noted that IWO talked about putting smaller towers in the Village of Trumansburg. Mr. Marshall noted that it would create engineering impacts with the Perry City Road Tower with those two towers being too close . Mr. Geiger noted that the coverage issue was not persuasive and needed to be clarified by IWO. Ms. Hilbert noted the public would not agree with the visual effects of the tower. Independent Wireless One Corp. should consider alternative sites. Mr. Geiger noted that if co-location and the Trumansburg Water Tower would not work for engineering reasons Independent Wireless One Corp. might want to consider the lights at the High School. Mr. Warner and Mr. Stober noted that they would look into the lights at the High School. Mr. Hammond noted that with the coverage at the Village of Trumansburg Water Tank and The Perry City Road Site, the two gaps in coverage on Route 96 would be quite small. Mr. Hammond asked what IWO could do to fill the gaps in coverage. Mr. Warner noted that he would have to look in to the matter. Mr. Hammond reported a small tower to be at the Ehrhart ' s that IWO may want to consider. Mr. Geiger asked if the modeling software used by Independent Wireless One Corp. under predicted coverage. Mr. Warner noted to under predict would cost Independent Wireless One Corp. a larger amount of time and money. Mr. Kennedy asked if the Planning Board members had any further questions. None were heard. Mr. Kennedy noted that the Planning Board needed to set a Public Hearing date and asked the Independent Wireless One Corp. Representatives if they could provide all the information discussed throughout the meeting before the Public Hearing. Mr. Kennedy was answered yes the Planning Board would have all the information asked for before the Public Hearing date. The Planning Board discussed a date for the Public Hearing. With no further business, Mr. Kennedy moved, seconded by Mr. Geiger to adjourn the meeting to reconvene for a Continuation of the Public Hearing on Monday, August 27, 2001 at 7 :30 p. m . dgti Town of Ulysses 10 Planning Board Meeting 8/8/01 Mr. Kennedy aye Mr. Geiger aye Ms. Hilbert aye Mr. Ochs aye Mr. Hammond aye The meeting was adjourned at 10 : 50 p. m . : Eva M. Gabriel ' Planning Clerk EMG:eg