7575 Van Buren Road, Baldwinsville, NY 13027
March 2008 ZBA minutes
The Regular Meeting of the Zoning Board of Appeals of the Town of Van Buren, held at the Town Building, 7575 Van Buren Rd., was called to order at 7:30 p.m.
All present joined in the Pledge of Allegiance to the Flag.
Roll Call: Robert Cleverly absent
James Bowes present
Joseph Kiselica present
John Virginia, Chairman present
Laura McBurney, Vice-Chair present
Also Present: David Pringle, Code Enforcement Officer
Vera Cavallaro, Secretary
Brad Hunt, Attorney
MINUTES
Mr. Virginia corrected a few typos.
Motion
Ms. McBurney moved to accept the February minutes as amended, seconded by Mr. Bowes. There was no further discussion. Motion carried; unanimously
HOUSE - PUBLIC HEARING
7034 W. Sorrell Hill Rd Tax Map Parcel Id# 049-04-01.1
Variance from Section 200-45 Height of an accessory structure
Mr. Thomas House was present to address the Board.
Mr. House gave the Board more information regarding the windmill and a letter from the producer of the windmill explaining the necessary height of the structure.
Mr. Virginia continued the public hearing until April 21, 2008 at 7:31pm to give the Board more time to review the new information.
SYRACUSE SMSA LIMITED PARTNERSHIP
O'Brien Rd Tax Map Parcel ID# 051-04-01.1 PUD Zoning District
Section 200-32 Telecommunications Tower
Mr. Jared Lusk was present to address the Board.
Mr. Virginia said that this item was continued last month for Board consideration and the public hearing was concluded and the Board members have had the opportunity over the past few months to review the application materials and listen to testimony and review all input.
The Board reviewed part two of the EAF and found items 1, 11, 17, 19, and 20 to have a small to moderate impact but that the impacts can be mitigated.
Mr. Virginia asked if the Board or other Town representatives had any further questions or comments.
No one had any questions or comments.
Mr. Virginia read the County comments aloud and the Board agreed that the applicant has complied with County comments and that the setback was modified per the Town Board to be set at 52ft.
Mr. Hunt said that the Town Board resolution amended the PUD to establish the 52ft setback and the proposed resolution that the ZBA has before it tonight also deals with that.
Mr. Pringle stated that this application still has to go in front of the Planning Board for site plan.
Ms. McBurney proposed the following resolution #08-03
Syracuse SMSA Limited Partnership, d/b/a Verizon Wireless applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-32 to allow for a telecommunications tower at a leased location at O'Brien Road.
The property is zoned PUD and is known as tax map no. 051-04-01.1. In the PUD District, a telecommunications tower is a use allowed upon the grant of special permit by the ZBA.
Applicant has submitted, and the ZBA has reviewed the following:
(1) An application packet under cover letter dated October 5, 2007 from Jared C. Lusk, Esq. of Nixon Peabody which includes Exhibits A through L detailing various aspects of the proposal.
(2) Site Plan Project Maps, titled Project #2005112718 updated most recently as of October 1, 2007, consisting of three sheets.
(3) Response dated December 17, 2007 from Mr. Lusk regarding comments from Onondaga County DOT and Onondaga County Planning Board.
In addition, the Board has been provided and reviewed the report of Ronald E. Graiff, P.E., hired as the Town's Consultant, dated November 29, 2007, and the resolution of the Onondaga County Planning Board dated January 15, 2008. The Town Planning Board has also performed a preliminary review of the application at its meeting of December 18, 2007 and this Board has reviewed those minutes.
Notice of a public hearing on the special permit and application was duly published. Mr. Jared C. Lusk, Esq.; Ms. Jennifer Wright and Mr. Coleman Burke appeared and spoke in favor of the application on behalf of applicant. Ms. Julie Rosen and Mr. Ron Rosen spoke in opposition to the application at the January 22, 2008 hearing. The public hearing was continued to February 21, 2008 when several additional individuals spoke with concerns in opposition to the proposed tower.
The zoning classification of the property where the proposed tower would be located was recently modified by the Town Board to allow for a telecommunication tower. This modification was done at applicant's request based on preliminary discussions with the Planning Board on appropriate sites for locating a cell tower.
The Onondaga County Planning Board reviewed the application pursuant to General Municipal Law Section 239-M and by resolution dated January 16, 2008 recommended the removal of an existing gravel driveway as a condition of board approval. The resolution also commented on the setback requirements for the tower. Applicant submitted a supplemental response with enclosures dated December 17, 2007 addressing each of the County's comments.
The Board has reviewed in detail the applicant's submissions which provide data regarding current coverage, gaps in existing coverage and proposals to reduce existing gaps in coverage. Reference is made to Exhibits D and E of applicant's 10-5-07 submission packet with respect to the coverage issues. Additionally the Town has retained an independent consultant, Ronald E. Graiff, P.E., to review the application packet. In a report dated November 29, 2007 Mr. Graiff noted that the O'Brien Road site would address existing gaps in coverage and approval of the application would be appropriate.
In reviewing the application the Board is cognizant of its review authority pursuant to the Federal Telecommunications Act of 1996 and has considered the submissions and testimony presented accordingly.
Exhibit G of applicant's 10-5-07 submission is a Full Environmental Assessment Form with a Visual EAF Addendum attached. Also submitted were Photo Simulation Report and a Drainage Report. The Board has reviewed the submitted forms and reports in its consideration of the application.
Based on the above referenced documents, and proof received by the ZBA at the public hearing, the Board finds and resolves as follows:
1. This matter is subject to the State Environmental Quality Review Act (SEQRA). The matter is unlisted. The Board appoints itself lead agency for the uncoordinated review of this matter and finds there will be no significant adverse impact on the environment as a result of this action. The basis for this determination is that upon a review and consideration of the Full Environmental Assessment Form, the subject property, located in a PUD zone, has adequate space to locate the proposed telecommunication tower while minimizing adverse environmental impacts. Additionally the proposed project poses no significant impacts on water, air, agricultural resources or community character and growth there will be minimal noise associated with the proposal and visual impacts are mitigated by the
site's location and design.
2. The property is zoned to allow for telecommunications facilities, pursuant to resolution of the Town Board adopted December 27, 2007.
3. The Town Board established fifty-two (52) feet as the minimum acceptable setback from the tower to all property lines. Applicant has provided a letter from Stephen Yeo, P.E. of Sabre Communications Corporation dated January 22, 2007 addressing the structural design of the proposed monopole. Mr. Yeo indicates the pole is designed in accordance with specific Telecommunications Industry Association standards detailed in the letter and also states that in the event of a failure of the monopole, the collapse of the pole would occur within 52 feet of the base of the monopole. Even absent the establishment of a 52 feet setback by the Town Board, this application is appropriate for a variance from the requirements of Section 200-32 D(3). Establishing the setback at 52 feet will not produce
an undesirable change in the character of the neighborhood or be a detriment to nearby properties. An area variance is the only feasible method to achieve the benefit applicant seeks in locating the tower. The variance to establish a set back of 52 feet would be significant only with respect to the adjacent parcel owned by the Town but otherwise not substantial relative to boundaries of the subject parcel and the other nearest properties. Additionally, the impact on physical or environmental conditions in the area as a result of granting the variance are minimal. Based on these considerations this Board concurs with the Town Board and establishes 52 feet as the setback required for the telecommunication tower.
4. The report of Greg Hanley, RF design engineer, dated September 25, 2007 demonstrates an existing gap in wireless coverage in the Baldwinsville South area and the suitability of this proposed site to remedy the gap. Additionally the report documents the absence of existing towers in the affected area.
5. The November 29, 2007 report of Ronald Z. Graiff, P.E., hired by the Town to review applicant's submittals, confirms the current lack of wireless coverage and suitability of the proposed location to provide relief.
6. The analysis submitted by Millennium Engineering, P.C. dated September 26, 2007 indicates the proposed tower complies with applicable FCC exposure guidelines and limits with respect to radio frequency electromagnetic fields.
7. The proposed tower will be suitable for co-location of additional facilities to accommodate other providers, in conformity with Section 200-32 D (2).
8. The photo simulation report dated June 14, 2007, prepared by Costich Engineering indicates that the proposed location minimizes the adverse visual effect on the surrounding environment.
9. A special permit is required pursuant to Code Section 200-32 for the proposed use, which the Board finds is a telecommunication tower.
10. Pursuant to Section 200-32 of the Code, the Board finds the proposed special use satisfies the Town standards of review as follows:
(a) As the proposed use is allowed in the zoning district by special permit, it is in compliance with the applicable intent and regulations of the Zoning Ordinance;
(b) The proposed use is consistent with the long term development objectives of the area and is serviced by utilities necessary for its operation;
(c) The scale and design of the site and proposed use minimize the effect on the surrounding area given it will be conducted entirely within an area of .11 acres, is in compliance with Town requirements and will be developed to be visually compatible with conditions of the site and surrounding properties;
(d) The design of the site provides for adequate vehicular movement and there is adequate space for the facility and for internal traffic.
(e) The site is adequately served by public utilities;
(f) Drainage on the site will not be significantly affected by the proposed use;
(g) Regarding aesthetics, on site vegetation is preserved as much as possible and improvements are designed to minimize the visual impact of the improvements consistent with the existing conditions;
(h) Emissions from the site will be minimal.
(i) The proposed site plan application enclosures adequately demonstrate the layout of the proposed facility, the proposed use and capacity of the facility and justification for tower height. The plan provides for an access road and parking to minimize disturbance to the site. Utility connection will be located underground.
(j) The application demonstrates that shared use of any existing towers is not feasible and that its proposed tower will accommodate additional users.
(k) The proposed setback of 52 feet is appropriate given the structural design of the proposed tower and proximity to other properties.
(l) The proposed location isolates the visual impact and provides for a minimal adverse visual effect on the environment.
4. The Special Permit is granted pursuant to Code Section 200-32 and all other applicable provisions of the Code, so as to allow for operation of a 140' telecommunication tower facility designed structurally to permit expansion up to 195 feet in accordance with the parameters outlined in applicants' submissions in support of its application and subject to the applicant obtaining site plan approval for the project and any future expansion from the Town's Planning Board.
Mr. Kiselica seconded the resolution. There were no further questions. Resolution passed on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
John Virginia x ____ _____
Robert Cleverley ___ ___ x
Laura McBurney x ____ _____
Joseph Kiselica x ____ _____
James Bowes x ____ _____
Mr. Virginia asked that the Planning Board and the applicant look at moving the tower from the north corner to the northeast corner of the property by swapping the tower and the equipment shelter.
ADJOURNMENT
Mr. Virginia made a motion to close the March Meeting, seconded by Mr. Bowes; motion carried, unanimously. The meeting adjourned at 7:58 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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