Town of Huron Planning Board Minutes - subject to approval.
Regular meeting - March 1, 2010
Call to Order: Larry Lockwood called the meeting to order at 7:34 p.m.
Members present: Larry Lockwood, Jack McGuire, Joe Snyder and Charles Boogaard. Chris Kenyon was absent.
Other Officials present: Laurie Crane - Town Supervisor, Dave Buisch - Town Council member and Amy Reichhart - Associate Attorney for the Town.
Guests: Stephen Woodward
Chairman Larry Lockwood modified the agenda due to the Public Hearing.
Old Business
1. Public Hearing to consider the application of Pyramid Network Services, LLC to the Planning Board requesting approval of a site plan for the construction of a 195-foot self-support cellular communications tower on a portion of the property at 10000 Lummisville Road.
Chairman Lockwood opened the Public Hearing at 7:35PM
There was no public response to the application.
Chairman Lockwood closed the Public Hearing at 7:40PM
Jack McGuire moved, seconded by Charles Boogaard that the following resolution be adopted:
WHEREAS, Pyramid Network Services, LLC (the "Applicant") filed an application (the "Application") to the Planning Board (the "Planning Board") of the Town of Huron (the "Town") requesting approval of a site plan (the "Site Plan") prepared by Black & Veatch, dated March 27, 2009 and revised July 1, 2009, for the construction of a 195-foot self-support cellular communications tower (the "Tower") on a portion of the property at 10000 Lummisville Road (the "Property") that will be leased from the owners, John and Sheryl Ivanov; and
WHEREAS, the Tower would be used by SBA Communications, and accommodate equipment from AT&T and other carriers; and
WHEREAS, in accordance with the New York State Environmental Quality Review Act ("SEQRA"), and regulations adopted to implement SEQRA, the Planning Board undertook an environmental review of the construction of the Tower; and
WHEREAS, the Applicant submitted an Environmental Assessment Form ("EAF") for the Tower for the purpose of evaluation of the significance of potential environmental impact of the Tower, and supplemented both the EAF and the Application; and
WHEREAS, as supplemented, the Application complies with the requirements of Town Zoning Law §45.20(dd)(3-1); and
WHEREAS, on January 4, 2010, the Planning Board made a Negative Declaration pursuant to SEQRA, so that no Environmental Impact Statement will be required; and
WHEREAS, a full statement of the Application, including the EAF, was referred to the Wayne County Planning Board, pursuant to General Municipal Law §239-m, on January 13, 2010; and
WHEREAS, the Wayne County Planning Board has made a report pursuant to General Municipal Law §239-m recommending no County impact (NCI) with the following conditions:
1. the Tower fall zone should be completely contained on the Property;
2. the Applicant should provide adequate funds for decommissioning the Tower; and
3. a master plan for future tower sites throughout the Town should be requested.
WHEREAS, on February 9, 2010, the Tower received a special permit from the Town Zoning Board of Appeals ("ZBA") as required by Town Zoning Law §45.20(dd)(1) (the "Special Permit"), and an area variance from the height requirement under Town Zoning Law §§45.20(dd)(7) (the "Area Variance"); and
WHEREAS, public hearings were held by the Planning Board on the Application on February 1, 2010 and March 1, 2010, at which time all persons desiring to speak were heard; and
WHEREAS, notice of the public hearing was published in the Times of Wayne County on January 24, 2010; and
WHEREAS, a corrected notice of the public hearing was duly published in the Times of Wayne County on February 21, 2010; and
WHEREAS, the Planning Board has considered the Application, supporting materials, and comments received at or by the time of the public hearings, and has deliberated; and
WHEREAS, Planning Board member Chris Kenyon has personally inspected and is personally familiar with the Site; and
NOW THEREFORE IT IS RESOLVED THAT the Planning Board makes the following findings:
1. Co-location on the existing Verizon tower on Dutch Street Road has been investigated and documented, but the Applicant has demonstrated that co-location on the Verizon tower may be inadequate because a new antennae would also be required on the Shaker Heights water tower, and significant gaps in coverage might still remain, and the ZBA determined that the location for the Tower was appropriate when it granted the Special Permit.
2. The Tower complies with the front, side and rear yard requirements set forth in Zoning Law §42.02, because the Tower, including related facilities, will be set back about 300 feet from the side lot lines, about 850 feet from the right-of-way of Lummisville Road, and about 1850 feet from the rear lot line.
3. Given the agricultural nature of the area, and the setbacks being at least one and one-half times the height of the Tower, so the fall zone of the additional setbacks are not required to contain on-site substantially all ice-fall or debris from tower failure and/or to preserve privacy and/or aesthetics of adjoining or nearby properties.
4. Because the Tower would be 195 feet high, and would therefore exceed the 150-foot height limit under Zoning Law §§42.02(d) and 45.20(dd)(7), the Variance was required from the ZBA. However, because the Tower would be less than 200 feet tall, artificial lighting is not required by the Federal Aviation Administration. Further, the Variance provides the Applicant with space for co-location on the antennae for other carriers on the Tower.
5. The Tower has been sited to have the least practical adverse visual effect on the environment, since it will be freestanding with no guy wires, and will have a gray galvanized finish, and its height does not result in significant adverse aesthetic impacts or require cataloguing since the Tower will not be lit, it will be partially screened from view and is located in an agricultural area.
6. Any potential safety concerns will be mitigated by the presence of chain-link fence, with barbed-wire top, which will completely surround the Tower. Further, the area surrounding the Tower will be illuminated by motion-sensor lighting.
7. Only a small portion of the 42.85-acre Property (10,000 square feet for the Tower and related facilities, and about 14,000 square feet for the access drive) will be disturbed, with the remainder left in agricultural use, so on-site vegetation shall be preserved to the maximum extent possible. Further, the location of the Tower provides for screening, in that it will be located within a forested area.
8. Adequate provision has been made for access and parking, in that a 12-foot, approximately 1,153-foot long access drive from Lummisville Road has been provided which is necessary due to the approximately 850-foot setback from the road, along with a small parking area, and the road, drive and parking area assure adequate emergency and service access. The drive construction will minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than ten (10) feet beyond the edge of any pavement, and will closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
9. The Tower is sited on a lot of 42.85 acres, which exceeds the minimum requirement of at least five (5) acres.
10. All communication cables leading to and away from the Tower will be installed underground and in compliance with all the laws, rules and regulations of the Town.
11. The Tower will have a sign no larger than two (2) square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities, and will contain the name(s) of the owner(s) and operator(s) of the antenna(e) as well as emergency telephone number(s), and no other signage.
12. As this Board already found in making the Negative Declaration, which is incorporated by reference, the Tower will not have a significant impact on the environment.
NOW THEREFORE IT IS FURTHER RESOLVED THAT based upon these findings, the Planning Board determines that the Tower and related facilities, as they would be configured as shown on the Site Plan, are satisfactory as to the general height, appearance, configuration and layout of uses and structures, provision of surrounding open space and the treatment of grounds, are generally fit in their proposed location on the Property, have adequate parking and street capacity, will protect the environment, will safeguard public health, comfort, and convenience, and will preserve the general character of the neighborhood; and
NOW THEREFORE IT IS FURTHER RESOLVED THAT the Planning Board requests that the Applicant provide to the Town, within six months, a master plan for future tower sites throughout the Town; and it is
FURTHER RESOLVED THAT the Planning Board approves the Site Plan, with the following conditions:
1. The Applicant shall allow co-location of other facilities, to the extent approved by the Planning Board and the ZBA pursuant to Zoning Law §45.20(dd)(4).
2. The Applicant shall pay all invoices of consultants to the Planning Board and ZBA, pursuant to Zoning Law §45.20(dd)(20), or the Planning Board may rescind this approval.
3. All construction shall comply with details as presented to the Planning Board, and as recited in this Resolution.
4. Prior to construction, the Applicant must obtain a Building Permit for the Tower from the Town Building Inspector.
5. After completing construction of the Tower, the Applicant must obtain a Certificate of Compliance for the Tower from the Town Building Inspector.
6. The Applicant, its successors and/or assigns, shall file annually with the Town, on the anniversary date of the granting of the Special Permit by the ZBA, a written report certifying that the applicant, its successors and/or assigns are complying with maintenance and inspection procedures and records system, and that the Tower is not a hazard or a threat of a hazard to the health and safety of the public.
7. If the Tower is no longer used for the purpose of transmitting or receiving telecommunications, the Applicant, its successors and/or assigns, shall notify the Town Clerk of the Town within thirty (30) days of such termination that it is no longer using the Tower for telecommunication purposes, and within six (6) months of the termination of such use, shall remove the Tower from the Property.
8. A letter of credit for removal, in compliance with Zoning Law §45.20(dd)(13), shall be posted with the Town in a form satisfactory to the Town's Attorneys, and shall be updated as required by the ZBA pursuant to Zoning Law §45.20(dd)(13).
9. The Applicant, its successor and/or assigns, shall assure that access to the Tower is available to emergency responders by providing the key and/or access code to any and all gates to the Tower.
Attorney Reichhart read the Resolution to the board. There was no discussion.
VOTE: AYES: 3 NAYS: 1 ABSTAIN: 0
Joe Snyder voted No citing the following reasons. He maintains that SBA has not taken and submitted evidence that collocation on the existing Verizon tower is not feasible. He also stated that Verizon has submitted correspondence stating they are willing to do that and there has been no correspondence submitted to the contrary. With regards to the height variance, he does not think they have demonstrated a need for a variance greater than 150ft; nor does he believe that the ZBA has utilized the consultants allowed by town law to properly investigate and determine whether a tower in excess of 150ft is needed. According to Joe, as far as collocation, it can be accomplished with a tower of 150ft or less, so collocation doesn't warrant the height variance. He stated that he does not support this resolution.
The resolution passed.
Stephen Woodward gave Amy the removal bond, the invoice payment for the Town, and a copy of the driveway permit from the County.
Amy took the removal bond to her office to review it. Supervisor Crane took the payment for the Town. Amy also took the copy of the driveway permit and will get a copy of that to Roger Gallant.
Jack asked Stephen when he thought the tower would be done. Stephen reviewed the construction process and said that it would probably take 2 to 3 months.
Closing of State Parks
The discussion of this was undertaken at this time in order for the attorney to answer questions.
Jack McGuire asked Amy if it was possible for the Town to take over a park like Chimney Bluffs and maintain it. Amy said that the Town could not take it over; the State would have to give it to them.
Supervisor Crane said that there was going to be a press event at 11:00 Thursday morning at Chimney Bluffs. Amy said that a suggestion had been made that it be proposed to the State that if they don't want it, we'll take it. Jack said that since the Planning Board had been looking at Recreational Trails, this may be something to take on. Joe asked about the liability that the Town would take on if someone fell at the Park. There was discussion as to the amount of liability. Laurie said that if Chimney Bluffs closes it will probably not be maintained. She assumes that the State would gate it, thus limiting the State's liability. Joe said that he would be in favor of the Town doing something to keep it open for the public but was concerned about the liability. Laurie also said that the State really hasn't done much with that area; that the State owns a lot of land there but has only used a small area. Laurie commented that the Park brings people into the area that may spend money while they are here thereby contributing to economic growth of businesses in the area. Jack commented that the board has been working on Recreational trails in order to bring more tourists in and now the State wants to close a good tourist spot that already exists.
Correspondence
There was an email from George Franz. Mr. Franz said that he would probably have something for the board in April but he was waiting for his contract. Amy said that she would check with Alan on that because she thought it had already gone to the Town Board. She said that if not, it would be ready for their next meeting.
Approval of Minutes
Joe Snyder moved, seconded by Jack McGuire to accept the minutes of February 1, 2010 as submitted.
New Business
1. County Planning Board Monthly Report
Larry reported that there was nothing of interest for the Town of Huron.
2. Joe Snyder said that he had seen an article that could possibly be addressed in the Master Plan and by County Planning. He said the article talked about a study about Broadband done by Joe Starks which said that the Eastern end of Wayne County was sorely lacking in that area. Joe will send a copy of the article to Mr. Franz through Lois Buckalew. Larry will bring it up at the County Planning Board. There was discussion about the lack of services in the area. Joe also said that there was stimulus money for areas that are underserved.
Other
Joe also asked about the status of the Outdoor Woodburning Furnace law. Dave Buisch said that Russ Teeple and Roger had worked on it. He thought that it might be ready for the next Town Board meeting.
Charles wondered what the fine was for littering in the town. No one seemed to know. He said that it is definitely an issue on his road. Dave Buisch said that trash is an issue around the Port Bay Channel as well. Even in areas where trash cans are provided, there is still a problem because people don't bother to use them. Dave also said that pollution from garbage is a huge problem in the lake.
Adjournment: Jack McGuire moved, seconded by Charles Boogaard to adjourn the meeting at 8:25PM
Respectfully submitted,
Kathy Grandjean, clerk
Email communications
During the month of February, the following emails were received:
2/3/10 from Charles Boogaard regarding a new presentation on Sodus Bay with reply from Jack McGuire
2/3/10 from Jack McGuire with Frank Sciremammano's web page address
2/3/10 from Jack McGuire regarding information on the Town Website with reference to the HMP
2/22/10 from Roger Gallant regarding the closing of State Parks with reply from Jack McGuire.
