Town of Otsego Planning Board
Minutes – June 3, 2008
PUBLIC HEARINGS
Jerry Miller – Site plan review, special permitted use, motel units in GB-2 district – 6635 State Highway 28 (#97.00-2-6.22)
Chairman Paul Lord opened the Miller public hearing at 7:31 PM and asked if anyone from the public had questions or comments, but no one responded. Bill Deane noted that a hearing notice to neighbors Langdon and Emily Wright was returned to sender due to incorrect address. Donna Borgstrom moved to close the public hearing. Joe Galati seconded the motion and it was approved, 6-0.
SBA Towers – Site plan review, special permitted use, cell tower – State Highway 80/205 (#97.00-2-2.00)
Chairman Paul Lord opened the SBA Towers public hearing at 7:32 PM. Doug Dimitroff and Amy McShane, representing SBA Towers, and Kevin Brennan of A,T&T displayed their plat on an easel and gave a brief description of the proposed cell tower project. Lord asked if anyone from the public had questions or comments, advising them that anyone with concerns about the Town’s telecommunications law should bring them to the attention of the Town Board.
Charles Allison, owner of an adjacent property (4345 State Highway 80), said the tower would be 700 feet from his front door. He visited the Fly Creek cell tower and was overwhelmed by the feeling of the structure towering above him. He said he spoke to a realtor, who said his property value would decrease by 3-15% because of the neighboring tower. Allison worries about the environmental impacts of the equipment, and the effects of contaminants and microwaves. He asked what measures would be taken for erosion/runoff control on the service road to the tower; how the tower would be powered; whether the property would be clear-cut to accommodate the tower; what would be done to protect from lightning; and what alternate sites had been considered.
Mike Staffin, owner of a neighboring property, asked whether the property had been surveyed and the setback requirements met. He also questioned the balloon test (projecting the height of the tower), saying that he did not believe the balloon was 150 feet off the ground, and wondered why there were no photos of the balloon. Zoning Enforcement Officer John Stucin also had questions about setback requirements being met.
Dan VanDyke, owner of a neighboring property (4347 State Highway 80), echoed Allison’s concerns about property value and health issues.
Matt Cring, owner of a neighboring property (4297 State Highway 80), also echoed Allison’s sentiments, and asked questions about increases in noise and light, other carriers using the tower, what happens when the lease expires, and who would be responsible for taking the tower down. John Phillips said the last question was addressed by Local Law #2.
Dimitroff addressed many of the questions. He said all property lines would be at least 200 feet from the tower, as required; that there is no study suggesting there are any health concerns, to the point that the government considers it a “non-issue”; that his firm has provided a health and safety analysis as part of the application package; that he knows of no study indicating lower property values as a result of nearby towers; and that the property is heavily treed, and he doubts the tower will be even visible to the neighbors.
McShane said that they have provided for runoff control along the road; that the utilities would be underground; and that there would be no lighting. Property owner Mark Rathbun added that the road traverses the hill rather than going straight up it, at his insistence.
Brennan said the tower would be well-grounded and protected from lightning, as described in the site plan. He also said the electronic equipment would be up to code, and that four contained back-up batteries would be checked three times a year. Brennan said that an independent company did the balloon set-up, and Rathbun added that it was 160 feet off the ground.
Lord said that the subject of alternate sites had been discussed at length at previous meetings; and that the Board had instructed the applicants as to where photos should be taken. He said that if anyone had further concerns, they should address them to the Board in writing.
Steve Purcell moved to close the public hearing. Donna Borgstrom seconded the motion and it was approved, 6-0.
REGULAR MEETING
Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 8:20 PM. Roll call was taken by Planning Board Clerk Bill Deane. Members present were Lord, Donna Borgstrom (Vice-Chairman), Wes Ciampo, John Phillips, Joe Galati, and Steve Purcell. Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer John Stucin were also present. Member Doug Greene was absent.
The Board reviewed the minutes of May 6 and 20, 2008, mailed or hand-delivered to the members. Borgstrom moved to approve them as written. Purcell seconded the motion and it was approved, 6-0.
Zoning Enforcement Officer Stucin distributed his report (filed) for May-June. It consisted of the June meeting agendas for the Planning Board and Zoning Board of Appeals (ZBA), and a list of five land use permits issued.
Chairman Lord distributed correspondence received since the last meeting, including the May/June 2008 issue of Rural Futures, the March/April 2008 issue of Talk of the Towns&Topics, and invitations to a July 3 Glimmerglass Opera event. The Board moved on to applications.
APPLICATIONS
Edward Walker – Major subdivision – Browdy Mountain Road (#84.12-1-1.01)
Chairman Lord summarized correspondence the Board had received relevant to the Walker application. One was a letter (filed) from neighbor Carol Akin, reiterating her concerns; Lord read the letter aloud and Bill Deane distributed copies of it. Another was from the New York State Department of Health (DOH), saying that, because of alternative septic systems used, a subdivision of more than four lots, each of which is less than five acres, is considered a “realty subdivision,” with additional requirements. As a result of this, applicant Edward Walker has revised his application, combining two of his five lots into one, making four lots instead of five, which obviates the DOH requirements.
Lord said this change means that “We are back to square one,” and this will be treated as an entirely new application. Walker strongly objected to that, saying that he is amending his application, not abandoning it. He noted that the revised application represents a 20% decrease in development. After discussion, and input from Attorney Ferrari, the consensus was that this should be considered a modification to the original application.
Lord said that members should meet to walk and examine the property (see Brookes application, below) and also review the environmental assessment form (EAF).
Walker submitted his revised subdivision plat, including the Board’s earlier requested additions concerning deed restrictions, underground utilities, and clear-cutting limits. He said that he still needs a storm-water permit, and expects to return to the Board’s August 5 meeting with a final plat.
Wes Ciampo moved to accept the modification to the preliminary plat. Donna Borgstrom seconded the motion and it was approved, 6-0.
Jerry Miller – Site plan review, special permitted use, motel units in GB-2 district – 6635 State Highway 28 (#97.00-2-6.22)
Donna Borgstrom read aloud the minutes of May 6 relevant to the Miller application. A letter (filed) from the County Planning Board said that the application, referred to them as part of coordinated review, would be on their June 5 meeting agenda. The Board briefly reviewed the application. John Phillips moved to approve the site plan and grant the special permitted use, contingent on County Planning Board approval.
Zoning Enforcement Officer Stucin said that an application could not be approved with that contingency. The application was tabled while Attorney Ferrari checked the laws. When Ferrari returned, he said that he saw no problem with the contingent approval; if the County expresses any objection, the Town Planning Board can deal with it at its next meeting.
Wes Ciampo then seconded Phillips’s motion and it was approved, 5-1, with Borgstrom opposed. Borgstrom said that she does not think the project conforms with the Land Use Law definition of motel.
SBA Towers – Site plan review, special permitted use, cell tower – State Highway 80 (#97.00-2-2.00)
Donna Borgstrom read aloud the minutes of May 6 relevant to the SBA Towers application. Attorney Ferrari said he had examined the pending reclamation agreement between SBA Towers and property owner Mark Rathbun, and sees no issue with it.
Chairman Lord remarked that he was not convinced that alternative sites were considered, noting that there is no record of other sites evaluated. Doug Dimitroff, representing SBA Towers, said that other sites were considered but rejected due to having homes on the site, or not being large enough.
Kevin Brennan of A,T&T said that he does not foresee additional cell towers in the Town of Otsego. Borgstrom said that, as a neighbor of the Fly Creek cell tower, she thinks the impact of this tower on the neighbors will be small.
John Phillips said that he had reviewed the New York State Environmental Quality Review Act (SEQRA) with regard to this application. He does not feel it qualifies as either a Type I or Type II action, and thus recommends it be deemed an unlisted action. Dimitroff affirmed that other municipalities typically classify a cell tower as an unlisted action. SBA Towers had already done a long-form EAF, as required by Town of Otsego Local Law 2, and they submitted a revised form. Chairman Lord completed the Planning Board section of the EAF with member input.
Wes Ciampo moved to declare a negative declaration and authorize the chairman to sign the EAF. Phillips seconded the motion, it was approved, 6-0, and Lord signed the form.
Borgstrom moved to approve the site plan, contingent on the completion of the reclamation agreement with the Planning Board Attorney, and to approve the special use permit. Phillips seconded the motion and it was approved, 6-0. Chairman Lord said that no actual permit form would be issued. SBA Towers will next get a building permit from the Zoning Enforcement Officer.
Ed Kukenberger – Lot line adjustment – County Highway 26 (#114.00-1-76.00)
No one appeared on behalf of this application.
Larry Brookes – Sketch plan conference, major subdivision – 2014 County Highway 22, Richfield Springs (#52.00-2-10.07)
This application was added to the agenda by Zoning Enforcement Officer Stucin. Larry Brookes explained his plan to break off a three-acre parcel from a 28-acre lot. He said there would be no new roads.
Stucin said that, due to previous subdivisions of the property since 1987, this would be a major subdivision. He added that there was a conservation (archaeological) easement on the back of the property.
Chairman Lord said that the Board should schedule a special meeting to tour both the Brookes and Walker properties. He will work on arranging that and Bill Deane will advertise the meeting.
Bruce Bagley – First lot split/lot line adjustment – County Highway 22, Richfield Springs (#67.00-2-13.03 & -13.04)
This application was added to the agenda by the Zoning Enforcement Officer. Bruce Bagley submitted a map showing his proposed adjustment. Chairman Lord said that it constituted a lot line adjustment, not a first lot split. He gave Bagley a lot line adjustment form, advising Bagley to complete it and to have his attorney write a new deed reflecting the adjustment. The deed would be reviewed by the Planning Board Attorney, after which the chairman would sign the plat, and Bagley would file it with the County within 30 days.
OTHER BUSINESS
The Board discussed subjects of tree removal and leaning trees in the lakeshore protection area. They agreed to schedule another workshop for June 24 at 7:30 PM to continue the discussion about this and other proposed Land Use Law changes.
Bill Deane discussed the July 1 agenda. As of now, there are no applicants definitely on it. Walker plans to return in August, and it is uncertain when Kukenberger, Brookes, or Bagley will be ready to return. SBA Towers is complete, and Miller is as well, unless there is objection from the County Planning Board.
With no further business, at 10:19, Wes Ciampo moved to adjourn the meeting.
Respectfully submitted,
Bill Deane
Planning Board Clerk