Town of Huron Planning Board Minutes - subject to approval
Regular meeting - January 11, 2010
Call to Order: Larry Lockwood called the meeting to order at 7:30 p.m.
Members present: Larry Lockwood, Chris Kenyon and Jack McGuire. Joe Snyder and Charles Boogaard were absent.
Other Officials present: Laurie Crane - Town Supervisor, Dave Buisch - Councilmember, Dwight Kanyuck - Associate Attorney for the Town and Roger Gallant - Building Inspector
Guests: Stephen Woodward and Jim Woodward
Correspondence
None was received this month.
Approval of Minutes: Jack McGuire moved, seconded by Chris Kenyon to accept the minutes of December 7, 2009 as submitted.
Planning Board Organization
Tabled until the February meeting with the full board present.
Old Business
1. AT&T Cell Tower
Stephen Woodward spoke to the board about the site plan. He wanted to go over the plan and asked if the board had any questions or if they needed any further information about the site plan. Jack McGuire said that there was a question about the emergency generator as to whether it was fueled by gasoline or propane. Stephen said that it is a diesel generator. (Joe Snyder had sent an email suggesting that the emergency generator be fueled by propane because fuel oil has potential for leaks and subsequent soil and ground water contamination. Charles Boogaard replied to Joe's email, stating that he would also support using propane.) Stephen asked if using propane was part of the Town Code and was told that it was not. Stephen said that the diesel fuel tank is under the generator and there is a collection pan under the tank to contain any leaks. He said that most carriers like to stay away from propane if possible; the main drawback being the large size of the propane tank. A 10ft spark zone has to be maintained around the tank which may make it difficult for other carriers who may want to collocate and would need their own generators. Each carrier would then need another propane tank with the 10ft spark zone. Roger asked how many gallons of fuel the tank holds and was told 225gals. Roger added that the tanks are regulated by the DEC - the tanks must be contained. Chris asked about the size of the propane tanks and was told they are approximately 14ft by 5ft. Stephen also said that using propane, you have the tank, the generator and the shelter - all separated. With the diesel the generator is atop the fuel tank so space is saved. After more discussion, Jack said that it seemed to him that the probability of a fuel leak occurring and causing contamination would be very low. Stephen agreed.
The attorney for the Town, Dwight Kanyuck, then reviewed the process that would follow regarding the application for the cell tower.
UPON MOTION OF JACK MCGUIRE, SECONDED BY BOARDMEMBER CHRIS KENYON, IT IS UNANIMOUSLY RESOLVED THAT:
WHEREAS, Pyramid Network Services, LLC (the "Applicant") has applied to the Planning Board of the Town of Huron (the "Planning Board") requesting site plan approval for the construction of a 195' self-support cellular communications tower (the "Tower") at 10000 Lummisville Road (the "Application"); and
WHEREAS, a full statement of the Application, including the short Environmental Assessment Form ("EAF") and this Resolution, will be referred to the Wayne County Planning Board, pursuant to General Municipal Law §239-m; and
WHEREAS, in accordance with the New York State Environmental Quality Review Act ("SEQRA"), and regulations adopted to implement SEQRA, the Planning Board must undertake an environmental review of the construction of the Tower (the "Action"); and
WHEREAS, the Applicant has submitted an EAF for the Action with its Application for the purpose of evaluation of the significance of potential environmental impact of the Action, and has supplemented both the EAF and the Application; and
NOW, THEREFORE, IT IS RESOLVED the Planning Board has determined that the proposed Action is an "Unlisted Action" as defined by SEQRA, and that the Planning Board will undertake uncoordinated review, pursuant to 6 N.Y.C.R.R. §617.6(b)(4); and it is further
RESOLVED, that the Planning Board hereby accepts the EAF; and it is further
RESOLVED that the Planning Board has considered the proposed Action and its potential for environmental impacts; reviewed and considered the EAF, the criteria contained in 6 N.Y.C.R.R. §617.7(c), and other supporting information to identify the relevant areas of environmental concern; and thoroughly analyzed the identified relevant areas of environmental concern to determine if the Action may have a significant adverse impact on the environment, and makes the following findings:
1. The Action will not result in air emissions, will not impact water quality, does not produce significant noise levels, and will not produce additional traffic and/or solid waste for disposal.
2. Construction activities will result in only minor temporary impacts of no significant consequence, including noise, dust and traffic disruption along affected roadways. All standard construction practices will be used to minimize ground disturbance, erosion and drainage problems until ground cover has been re-established.
3. Because the Tower will be partially screened from view, it will not have a significant adverse aesthetic impact.
4. While the Tower is proposed within an Agricultural District, the land on which it will be constructed is not being utilized for agricultural activity.
5. There are no known archaeological, historic, or other natural or cultural resources in the area of the proposed Tower.
6. No significant impacts on community or neighborhood character are anticipated.
7. The construction of the Tower will have no impact on vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species. While the Indiana Bat is known to be located in New York, the open field in which the Tower will be placed does not contain Indiana Bat habitat.
8. Further, the Tower is consistent with the Town's plan and goals because it improves the health, safety and quality of life for the residents of the Town by improving and expanding those areas of the Town in which residents can make and receive wireless communications, and thus, reach emergency services, as well as expand personal and business uses of wireless communications.
9. Because the proposed Tower will be constructed on private property, it is not expected to induce subsequent development or related activities.
10. No potentially significant adverse environmental impacts have been identified.
NOW THEREFORE IT IS FURTHER RESOLVED that pursuant to SEQRA, the Planning Board finds that the proposed Action will not have a significant impact on the environment, so that a Negative Declaration shall be made and duly filed, and an environmental impact statement will not be required.
Dwight went through each of the determinations with the board.
The Board voted on the resolution.
All Board members present (Larry Lockwood, Jack McGuire and Chris Kenyon) were in favor of adopting the resolution.
Dwight said that with the passing of the resolution, Attorney Amy Reichhart would now forward the application to the County Planning Board for their January meeting. He said that the Huron Planning Board would then complete the site plan review at the February meeting.
Stephen asked if Dwight had any information about MRB's response to his comments addressing the items in MRB's review of the application. Stephen said he would contact Amy about that issue. Roger asked that he be copied on any communications with MRB.
2. Master Plan
Mr. Frantz will attend the February meeting since two board members were not going to be present at tonight's meeting. Supervisor Laurie Crane reported that she had spoken with Mr. Frantz and that the college was going to charge an additional fee for the project which was almost as much as the original price quoted. Mr. Frantz said that he would take on the project himself for the price that he had quoted originally. There were concerns from the board over the logistics of doing surveys, etc. without the students. Jack passed around an outline from someone who had gone through a master plan, which he thought could be used as a guideline for the project. The clerk will provide copies to the board. Chris and Charles will work on the project representing the Planning Board. Laurie said that Town Councilmember Lois Buckalew had volunteered to be the liaison to the Town Board. The clerk will invite Lois to the February Planning Board meeting with Mr. Frantz.
3. Recreational Trails - Chris Kenyon
Chris had nothing new to report. He will be walking areas with Jim Eckler in the spring. It will be put on the agenda again in April.
New Business
1. County Planning Board Monthly Report
Larry reported that the Board met in December and he was selected as Co-Chairman. There was nothing else to report pertaining to Huron
2. Tracking Training Hours
Roger had prepared a tracking sheet for the board members to record their training hours for 2010. There was discussion about possible topics and presenters for next year's hours. Board members were interested in the possibility of presentations by the Army Corps of Engineers or the DEC. Roger said that he thinks it is good when members attend different things and then share information with other board members. They also discussed having the attorney come to a Planning Board meeting and provide training. Roger said he would discuss that with Amy.
Other
1. Larry mentioned that he had received a letter from NY State Retirement stating that there are new regulations mandating that you keep track of your hours and turn them into the town clerk within a certain period of time. Laurie explained a little more about it and said that she has the actual dates if anyone needs them.
2. Wind Energy
Laurie discussed an email that had been distributed to the board from the attorney Dwight Kanyuck about a Huron Wind Energy study. Dwight explained that there is grant money available through the stimulus fund for energy-efficiency or renewable energy projects in the State. He said the Town Board had talked about doing a wind energy study and this would fit into the scope of the grant which would be for approximately $20,000. He had spoken with LaBella about what they could do for that amount. LaBella had suggested GIS mapping, comparing it to the Town's current wind generator zoning code in order to determine where the wind turbines could be placed if it was determined that the wind was sufficient. Once the mapping was completed with the current zoning code, public hearings could be held to determine if this was what the town wanted. The current zoning code could then be reassessed and tailored to what the town wanted as far as wind energy was concerned. The study would make it clear what areas of the town would be viable for wind energy and the town could put out a request for proposals from companies who would be interested. Laurie reminded the board that there is a charge for applying for the grant. Jack wondered if the study would only focus on wind farms or could include individual turbines for a household. Dwight discussed the individual turbines. He shared that Victor had passed a wind energy ordinance and it was his understanding that they were encouraging the individual turbines. He said that perhaps the individual turbines could be included in the study.
All Board members present were in favor of supporting the study and including the smaller wind turbines in the study.
Dwight added that there were other grants available centered around installing energy efficiency or renewable energy projects. There was discussion about the issues that exist with the heating and cooling of the Town buildings. Dwight said that he would look into what might be available.
3. Larry asked the board members to think about any other projects that they would like to work on in 2010.
4. Outdoor Woodburning Furnace Law
Dave Buisch reported that Russ Teeple, Roger and himself would be going through the law because there were parts that are not enforceable.
Adjournment: Jack McGuire moved, seconded by Chris Kenyon to adjourn the meeting at 8:35PM
Respectfully submitted,
Kathy Grandjean, clerk
Email communications
During the month of December, the following emails were received:
12/4/09 - from Amy Reichhart asking if she should attend the Jan meeting with response from Jack McGuire.
12/10/09 - from Jack McGuire regarding a telebriefing on the FCC's new "Shot Clock" ruling
12/31/09 - from Charles Boogaard regarding a video on planning in the future.
- from Charles containing a forward from Mr. Frantz and a request to put him on th
