HomeMy WebLinkAbout2010-05-04-PB 1
TOWN OF ULYSSES
PLANNING BOARD
05/04/10
APPROVED 06/16/10
NOTE : The audio version of this meeting is on tape available for review at Ulysses
Town Hall, 10 Elm Street, Trumansburg, NY.
Present : Chairperson-Ken Zeserson, Board Members : Stan Beames,
Rod Hawkes, Rebecca Schneider, John Wertis, Town Board Member David Kerness ,
Excused : Rod Porter, Rick Rainey
Applicant : Robert Burgdorf, Nixon and Peabody Attorney for Verizon Wireless
Public : Greg Reynolds
Mr. Zeserson called the meeting to order at 7 : 03 pm . The first order of business is the
Site Plan Review for Verizon Wireless . He noted they do have quorum at the meeting and
the legal notices were issued as required . He asked the applicant to present the project.
Mr. Robert Burgdorf introduced himself as an Attorney with Nixon and Peabody. They
are here representing Verizon. They made an application to update a cell tower due to cell
phone inadequacies . The tower is at Mekeel Road, the capacity needs to be updated due
to an explosion in growth and the need for increased services . The existing 9 8 foot
panels/antennas would be replaced with 9 8 foot panels/antennas, it would be exactly the
same. Plus, 3 4 foot panels would be added; they would be placed so you would only see
one at a time . The 1900 MHZ would double the voice coverage with the same footprint.
The 700 frequency would allow ultra high speed data services . A negative determination
was found by the County once the SEQR is done he would like to request approval of the
Site Plan Application.
Mr. Zeserson expressed his thanks to the applicant he asked the Board if any members
had comments/questions . None were offered. He asked if members of the public had any
questions or comments .
Mr. Greg Reynolds asked what the geographic area this update would increase. This
service is expensive to acquire and was curious what this would do for Town Coverage.
Mr. Burgdorf indicated the map in Exhibit I indicated the coverage areas . He provided
details to Mr. Reynolds and the Board via the maps . He also showed how the cells cover
the areas e . g. across the lake, over the slopes.
Mr. Reynolds asked what major crossroad this tower was near.
Mr. Hawkes stated the nearest road was Jacksonville ; it is located between Jacksonville
Road and Halseyville Road.
Mr. Reynolds asked what the height of the tower was . What is the base size .
Mr. Burgdorf replied it is 190 feet. The tower uses guide wires .
Mr. Reynolds asked what was around the base, are there encroachments, agriculture.
Mr. Burgdorf stated the land is leased and they have area around the base that is leased
and they retain buffers . The land used to be farmed but now it is an open field.
Mr. Reynolds asked what the maximum wind/weight ration is for the tower.
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Mr. Burgdorf stated he did not have that specific information with him tonight. However,
their engineers do review and incorporate all of this data into the construction plans for
new and updated projects .
Mr. Reynolds stated he appreciated that.
Ms . Schneider asked if there were any studies regarding bees and the incline.
Mr. Burgdorf stated the question was raised but no research has been done.
Ms . Schneider stated she appreciated this and to the best of her knowledge she had not
seen any studies either.
Mr. Reynolds asked who the property is being leased from.
Mr. Burgdorf apologized and stated he did not have that information at hand this evening.
Mr. Reynolds asked the Board in relationship to wind towers how are these compared,
and what is the zoning for wind towers .
Mr. Zeserson stated there is currently no zoning the wind towers are much higher. This
Board does acknowledge they will have to address this issue, probably sooner vs . later.
Ms . Schneider stated that this cell tower issue was very controversial at the time it was
reviewed. The plans called for a higher tower and the Board at the time negotiated to
have the height reduced due to negative feedback. Many people showed up, there were 14
meetings the public objected to the height. The compromise resulted in a shorter height
tower as well as no lights on the tower which has worked well for the Town.
Mr. Reynolds thanked the Board for allowing him to ask questions . He apologized for
being the only one in attendance.
Mr. Zeserson told Mr. Reynolds he appreciated him taking the time to be involved.
He asked if there were any other comments/questions . None were offered from the public
or the Board.
Mr. Wertis MADE the MOTION to CLOSE the public hearing, Mr. Zeserson
SECONDED the MOTION. The VOTE was UNANIMOUS - MOTION APPROVED
Mr. Zeserson CLOSED the PUBLIC HEARING at 7 : 11 pm . He distributed the SEQR
Form Part II for the SEQR Hearing on the Verizon Wireless Site Plan.
The Board reviewed each item as noted on the completed form.
Mr. Wertis MADE the MOTION, Ms . Schneider SECONDED the MOTION to close the
SEQR Hearing which has resulted in a NEGATIVE DECLARATION on the
Verizon Wireless Site Plan. The VOTE was UNANIMOUS -MOTION APPROVED .
The SEQR Hearing was closed at 7 : 40 pm. A NEGATIVE DECLARATION has been
determined for the Verizon Wireless Site Plan.
Mr. Zeserson and the Board made/approved the following MOTION.
TOWN OF ULYSSES
PLANNING BOARD
Site Plan Review —Upstate Cellular Network,
d/b/a Verizon Wireless ("Verizon Wireless")
Crown Atlantic Company, LLC ("The Project")
3250 Mekeel Road, Trumansburg, NY
Tax 24.-2-5.2 and 24.-2-5.2/99.
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Town of Ulysses, New York
Planning Board, May 4, 2010
MOTION made by Mr. Zeserson, seconded by Mr. Hawkes,
WHEREAS the Town of Ulysses adopted zoning regulations in Local Law No . 4 2007 that
includes Section 3 .4 establishing criteria for Site Plan Review,
WHEREAS Verizon Wireless has participated in a Sketch Plan Conference and relevant follow-
, up meetings, submitted the required documents and paid the fees for Site Plan Review,
WHEREAS the proposed project will upgrade the antenna at the Crown Atlantic Company LLC
existing tower,
WHEREAS other involved or interested agencies have been notified and been afforded an
opportunity to respond to this project and no objections have been registered,
WHEREAS the Town of Ulysses notified the Tompkins County Planning Department about the
proposed project pursuant to General Municipal Law 2391 , m and n which found no Inter-
community or Inter-county recommendations for this project.
WHEREAS the Town of Ulysses Planning Board made findings and a determination
on the environmental impact of the project under 6NYCRR Part 617 State Environmental Quality
Review (SEQR) and declared this to be Negative Declaration.
WHEREAS a Public Hearing was held on the project site plan on May 4 after due Bulletin Board
posting and publication in the official newspaper for the town ten days prior to the public hearing,
WHEREAS the Town of Ulysses Planning Board has given due consideration to all information
and comments in conducting Site Plan Review, now
THEREFORE IT IS HEREBY RESOLVED that the Planning Board of the Town of Ulysses
hereby approves the Site Plan proposed by Verizon Wireless .
The vote on the motion resulted as follows :
AYES : Mr. Beames, Mr. Hawkes, Ms . Schneider, Mr. Wertis, Mr. Zeserson
NAYS : NONE
ABSENT: Mr. Porter, Mr. Rainey
ABSTAINED : NONE
THE RESOLUTION PASSED UNANIMOUSLY.
Mr. Zeserson expressed his thanks to Mr. Burgdorf and the Board members for their
work. He informed Mr. Burgdorf to contact Mr. Rachun for the next step in this process .
Mr. Burgdorf expressed his thanks for the approval . Mr. Burgdorf left the meeting.
Mr. Zeserson stated this Board did have continued work to do thus requested the Board
members remain.
The remainder of the meeting resulted in discussion of the Conservation Zone.
Mr. Wertis presented a modification of the conservation zone.
Mr. Wertis MADE the MOTION, Mr. Hawkes SECONDED the MOTION for
modification of Conservation Zone as presented by Mr. Wertis .
A lengthy discussion in which Mr. Wertis presented the definition of mature trees as one
which a tree is producing seeds . Ms . Cail stated she harvests locust posts from trees
which are not mature . A discussion on listing a 12" diameter vs. not listing was held.
More precise gets them where they want to be. Requiring a professional forester as a
consultant should assist the Board, unfortunately there are forester' s who would not have
an issue cutting down mature old growth trees . Some members prefer to have
review/discretionary decision making over this process to protect an old growth forest
Mr. Kerness stated Mr. DeMunn would be honored to serve as a forestry consultant to
this Board. Mr. DeMunn had offered to prepare a primer for the public to use as a guide
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on forest management. Mr. Peter Small could and would be willing to serve as a resource
and has material that can be used as well . The older/diseased trees offer habitats for
chickadees, woodpeckers . What defines older/diseased trees, especially with different
diseases entering the forests . The need to stay on original intent to protect the ecological,
geological, erosion all of these feature of these sites . Property owners have managed
some of this land for 80 years without government intervention. However, this Board
have seen areas already obliterated in the UNA ' s, thus they are concerned. There was no
mechanism to stop the destruction. If all property owners were as responsible they would
not have to worry. They are trying to protect he lands after responsible people sell it. The
concern regarding loss of income due to This Board is not stating individuals do not have
the right to cut, but would like to have plans in writing submitted. There was contention
at the beginning of the public information session regarding commercial timber
harvesting. However by the end of the meeting it was agreed that this does happen and it
would be advantageous to have mechanism ' s in place to prevent old growth trees from
being removed.
Mr. Wertis MADE the MOTION, Mr. Zeserson SECONDED the MOTION to table his
previous MOTION to amend Wetlands/Forest management section of the Conservation
Zone. Mr. Wertis will present this information after consultation with Mr. Mike DeMunn
(Forester) and Mr. Peter Small (Cooperative Extension) at the next meeting. The VOTE
was UNANIMOUS ; MOTION is TABLED until further research is presented.
Mr. Zeserson presented a modification he had received from Mr. Marvin Pritts who is
involved with the Cayuga Nature Center. The wording addressed the native plants and
invasive species section of the Conservation Zone.
Mr. Kerness presented a concern, modification from Liz Thomas, Town Board members .
The discussion was held and the decision to combine both Mr. Pritts ' and Ms . Thomas '
suggestion was made. The following resolution was made.
Mr. Zeserson MADE the MOTION, Ms . Schneider SECONDED the MOTION to amend
the MANAGEMENT OF INVASIVE SPECIES with the following paragraph:
"Vegetation should be maintained to an extent that is practical to minimize runoff. Native
plants are to be encouraged, especially shrubs and trees that produce edible fruit and nuts
for wildlife. Removal of invasive plants (garlic mustard, swallowwort, barberry,
honeysuckle, buckthorn, multiflora rose, Russian olive and Norway maple, etc . ) is
encouraged so long as this effort does not contribute to significant soil disturbance or
erosion. "
The VOTE on the MOTION was unanimous . MOTION APPROVED .
Mr. Zeserson stated there had been concerns brought up regarding the boundaries .
A lengthy discussion was held among the members . The fact that the Board had
discussed and voted on the boundaries in numerous previous meetings was presented .
Some members felt after the information session this should be addressed again. The
rational for the boundaries needs to be firmly established. The UNA' s, steep slopes are
vital but areas North of Willow Creek are being debated. Especially, the 100 acre and
1 more vs . 15 acre lots, the limiting separation into lots due to major subdivision not being
allowed. It was suggested the members take a ride around the boundaries and consider
them. The members agreed to do this and think about for presentation at the next
meeting.
Mr. Zeserson stated he would like to amend the meeting date so Mr. Rachun could be in
attendance. He cannot attend Tuesday night due to personal conflict.
The members discussed and agreed to meet another night. Mr. Zeserson will determine
and contact Ms . Carlisle Peck to allow for proper legal notice of date/time change.
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The meeting was adjourned at 8 : 20 pm.
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Respectfully submitted,
Robin Carlisle Peck
Secretary
Ken Zeserson
Chairperson, Planning Board
Town of Ulysses