PLANNING BOARD DRAFT MINUTES
Chairman Ian Murray called the meeting to order at
Planning Clerk Linda McCabe called the roll: Chairman Ian Murray – present, Robert Park – present, Paul Griffen – absent, Laurie Griffen – present, Patrick Hanehan – present, Robert McConnell – absent, Jennifer Koval – absent, and Alternate Joseph Lewandowski – present.
Also attending: Town Engineer Ken Martin, Raymond Smith, Clarence Fosdick, Paul Tommell, Michael Brooks, Dave Brennan, Mark Sweeney, Michael Brooks, Joe Finan and other interested persons.
Charles Van Hall #09-01 Owner: Dorothy A. Quigley
S/B/L 156-4-53.11 & 53.2
Applicant is seeking, on behalf of owner Dorothy A. Quigley, to adjust the boundary lines between her land and the lands of her neighbors, Van Hall and Capalbo; north of Olde Saratoga Knolls and south of Fish Creek.
Raymond Smith, LLS, of Surveysmith Land Surveying, appeared before the Board on behalf of the Applicant. He handed enlarged maps to the Board members explaining that the Applicant, on behalf of the owner, would like to clean up the north and northeast boundary lines of the Van Hall property; to the north side is the Capalbo property and eastern side is the Desmond property. They’d like to straighten out the curvy boundary for a cleaner line. After a short discussion between the Board and Raymond Smith, Chairman Ian Murray stated this is a lot line adjustment, no Board action is required. The Board needs the Applicant to submit a copy of the updated survey and deed for their review and for the Town Attorney’s review; once the review is complete, they will be stamped and signed and the Applicant then needs to file it with the County.
Raymond Smith thanked the Board.
Chairman Ian Murray stated we have two Special Use Permit Pre-Submission Conference applications before the Board for telecommunication towers. He proceeded to read the Town’s Purpose from the Zoning Regulations on telecommunication towers for the Applicants. Chairman Ian Murray then stated that each application will receive full review of the Board independent of each other. He also added the two Applicants need to negotiate and see if they can work out how best to have one combined tower because the Board will not permit two towers in such close proximity. The Board also feels both of these applications are incomplete at this time, therefore the Board will not schedule a public hearing or balloon float for our April meeting. The Board has compiled a list of questions that need to be completed by the Applicants for our next meeting or at their leisure. First application is Verizon.
Special Use Permit Pre-Submission Conference
David C. Brennan, Young, Sommer LLC 180 Walsh Rd.
Executive Woods, 5 Palisades Dr.
S/B/L 169-1-62.1 Rural
Applicant is seeking a Special Use Permit to construct a telecommunications tower on the lands of Mr. and Mrs. Raymond DeRidder. The proposed tower will be a monopole of 105’ in height, including the lightning rod; 12 panel antennas mounted to the top of the tower, 1 GPS unit, microwave antennas as required for utility services, a 12’ x 30’ unmanned equipment shelter and all related ground equipment and utility services.
Brennan, of Young Sommer LLC, appeared before the Board on behalf of the
Applicant. He introduced and discussed their plan and the schedule they would
like to keep. Chairman Ian Murray asked if the Applicant had a larger map to
display for the public to see and since he did not; Board Member Laurie Griffin
handed her maps to those attending the meeting so they could see exactly what
the Applicant was discussing with the Board.
David Brennan stated he has been contacted by the Town Historian who
indicated his perspective, including wanting them to take pictures from the
Chairman Ian Murray
handed the Applicant the list of questions the Board has generated since
receiving the telecommunication tower packets, and explained they want these
questions answered with their full application. As David Brennan reviewed the
questions, he stated he will submit their responses in his report and he will
also notify the park service when they will float a balloon. Chairman Ian Murray questioned if they plan
to co-locate on this tower and David Brennan said yes, two co-locaters; they
will negotiate with two other carriers though they don’t have anyone lined up
yet. Chairman Ian Murray stated they
seem to know the Town regulations well and David Brennan stated they will
follow the process and see where it takes them.
Their normal write up is 8-10 pages with a full EAF. They’ll provide a copy of their license that
they can transmit from that location, tower design details, co-location
commitment letter, lease agreement with their landlord, FAA analysis, tower
removal letter, PE letter looking at radio frequency-50 megahertz, report
stating emission compliance, site plan and Ag. Data
statement. Chairman Ian Murray added they will need to provide copy to
each of the two neighboring towns along with an affidavit of neighbor
notifications. Chairman Ian Murray then
stated once their complete application is in for our April meeting, we can set
a date for the balloon float, which will be on a Saturday, along with a weather
date. The Board will provide them with
information on photo sites within a few days to a week. Board Member Laurie
S/B/l 169-1-64 Rural
Applicant is seeking a Special Use Permit to erect a
telecommunications tower within a 60’x 80’ fenced compound on the Town of
Mark Sweeney of Whiteman, Osterman & Hanna LLP, appeared before the Board on behalf of the Applicant. Mark Sweeney stated at the risk of being repetitive to the previous applicant, they are working on putting together a similar package addressing all relevant areas of Town code, answering questions such as: why they can’t use existing structures, what the existing structures are, what the coverage needs are, what shared usage they’ll be making available that is suitable for a variety of tenants, site plan, screening, fencing, view shed assessment; all this material will be prepared and is currently being developed now.
This site is on the Town of
Sketch Plan Conference for a Re-Subdivision
S/B/L 168.7-1-2, 3, 4, 5, 6 Rural
Applicant would like to re-subdivide the Burgoyne Estates
subdivision, located on
Paul Tommell of Tommell & Associates appeared before the Board on behalf of the Applicant. He reviewed the history of the original Burgoyne Estates subdivision, stating it was for very upscale housing and in today’s economy the Applicant is having marketing problems and is before the Board asking for relief. Originally five lots were proposed and today the proposal is for seven. He stated the septic and wells will be as before, topography allows for the wells, driveways toward property lines and stated since they don’t meet zoning, they are looking for help and a recommendation from this Board. Chairman Ian Murray stated the frontage isn’t there on 4 lots. Michael Brooks, landscape architect of Tommell & Associates, stated the two additional lots storm water etc. won’t have any impact on what is there or on the road there. Robert Park stated he feels this would stir up a hornets nest; the original subdivision took a lot of work. Patrick Hanehan stated he doesn’t think it is good precedent, especially for future developments/developers; that if their development doesn’t go right then ‘just go before the Board and change it’; he doesn’t like it. Chairman Ian Murray stated this is really a Zoning issue. This Board will deny it tonight and then the Applicant will have to go before the Zoning Board of Appeals. Town Engineer Ken Martin stated the Board may want to consider a recommendation. Patrick Hanehan stated his recommendation is against this. Robert Park stated this was a thorny development to get through from the beginning and Patrick Hanehan asked how long from start to finish did the original take and was told over a year. Laurie Griffin questioned if the Board sends this to Zoning and they deny then that’s it and if Zoning approves it as presented then it comes back to Planning. Chairman Ian Murray responded that is correct, and if Zoning approves, then they have to do variances and we have to do the subdivision looking at the engineering and everything else for the reconfigured lots and then re-subdivide. Paul Tommell questioned because they’d be creating illegal lots they would have to go before the Zoning Board of Appeals and Chairman Ian Murray stated that is correct. Chairman Ian Murray then stated this Board has to make a motion to deny it and Paul Tommell asked if he could first get a general opinion of the Board on the re-subdivision:
Patrick Hanehan stated he is against it, no.
Paul Tommell responded with that being said and without prejudice, he would like to pull this application.
Old Business: Renewal of a Special Use Permit:
Phillip Heitmann #08-9
Phillip Heitmann’s Junkyard renewable permit is up for renewal. The Board discussed his compliance and what a good job he is doing there. On the recommendation of Zoning Officer Gil Albert, Planning Board Chairman Ian Murray made a motion, seconded by Laurie Griffen to grant the 1 year renewal of the Special Use Permit for Philip Heitmann’s Junk Yard. Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Paul Griffen – absent, Robert McConnell – absent, Jennifer Koval – absent, Joseph Lewandowski – aye. Approved 5 - 0.
Robert Park questioned the Grotto Special Use Permit compliance. Chairman Ian Murray said we will have Zoning Officer Gil Albert do an inspection and see if they are in complete compliance.
New Business: Laurie Griffin questioned if there needed to be Board action on requesting the cell tower applicants to notify surrounding neighbors for the balloon floats and Chairman Ian Murray stated no, our regulations state at Board’s discretion so we can determine what we need/want done. Board discussion continued on tower height and the balloon floats. The Board agreed they like the floats being done on a Saturday.
Laurie Griffin announced the arrival of Owen Gibbs Koval with Congratulations to Board Member Jen Koval and her family!
Chairman Ian Murray made a motion, seconded by Patrick Hanehan, to adjourn the meeting at Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffen – aye, Patrick Hanehan –aye, Paul Griffen – absent, Robert McConnell –absent, Jennifer Koval – absent, Alternate Joseph Lewandowski – aye. Carried 5- 0.