7575 Van Buren Road, Baldwinsville, NY 13027
Feb 2008 Planning Board minutes
February 4, 2008
The Regular meeting of the Planning Board of the Town of Van Buren, held at the Town building, 7575 Van Buren Road, Baldwinsville, New York, was called to order at 7:00p.m.
Those present joined in the Pledge Allegiance to the Flag.
Roll Call: Harold Crandon present
James Virginia present
James Ruddock present
Eric Knapp present
Fred Thomas present
Norma Goodman present
Anthony Geiss, Chairman present
Also present: Brad Hunt, Attorney
James Hoy, Town Engineer
Vera Cavallaro, Planning Board Secretary
MINUTES:
The Board added that they sent Syracuse SMSA to the ZBA.
Motion Mr. Geiss asked the Board to entertain a motion to accept the January Minutes as amended. Ms. Goodman moved to accept the motion, seconded by Mr. Virginia. There was no further discussion. Motion carried, unanimously on a roll call vote that follows:
Mr. Virginia yes
Mr. Thomas yes
Mr. Knapp yes
Mr. Crandon yes
Mr. Ruddock yes
Ms. Goodman yes
Mr. Geiss, Chairman yes
WARNER - SUBDIVISION
New State Route 31 Tax Map Parcel Id# 032-01-06
The Board decided not to take any action until the applicant can be present.
Motion #08-08 Mr. Geiss asked the Board to entertain a motion to table the Warner subdivision until the applicant becomes available. Ms. Goodman moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
QSL SYRACUSE, LLC
3535 Walters Rd. Tax Map Parcel Id# 055-04-02.7
Mr. Julian Clark was present to address the Board.
Mr. Clark said that they have provided additional landscaping at the southeastern corner of the lot to provide screening for the existing residence on the other side of the road and they have also provided the Board with a plan that basically shows where 0 footcandles would be for the neon signage.
The Board discussed the photometric plan that the applicant submitted.
Mr. Geiss stated that the light from the signage will only be 90ft out and the building is 346ft off of the road.
Mr. Clark said that the light from the signage will only go as far as the third row of parking.
Mr. Ruddock said that he appreciates the screening that the applicant has put in along the road and he thinks the big issue is making sure that it is able to be maintained and he doesn't want to see them put the money into the plants and then have the plants die and his anticipation is that these plants be part of the site plan so if the plants die the plants will need to be put in again. The applicant also needs to make sure that the plants are planted correctly and that is something that is going with the site plan. He appreciates that the plants are 6 foot high but if something should happen the plants will need to be replaced.
Mr. Crandon said that he would also like to see that maintained as part of the site plan.
Ms. Goodman asked if the trees would be deciduous trees and if the trees lose their leaves in the winter would that affect the lighting.
Mr. Clark said that they would be putting in spruce, conifer trees or arborvitae trees that would take care of screening the home across the road.
Mr. Geiss gave the applicant time to come back this evening with a stamped plan so the Board could proceed.
FULL GOSPEL CHURCH OF GOD - SITE PLAN
Van Buren Rd. Tax Map Parcel Id#051-03-19.0
Mr. John Wicks and Mr. Matt Napierala were present to address the Board.
Mr. Geiss read the County comments aloud.
Mr. Geiss asked if the septic design had been submitted to the Health department.
Mr. Napierala said that it has been submitted to the Health Department and they have contacted NYS DOT and sent a full set of plans and the DOT did respond in an email and the email indicated that the DOT was ok with their curb cut location and that it needed to be referred to the County DOT. They have submitted to the County DOT and they haven't had a response yet. With regards to the septic design submittal they have submitted to Jeff Till's office at the County Dept. of Health and have not yet received any comments. Another item that they have followed through with is the ZBA. The ZBA has approved the church use in the residential district and they have been granted a special permit and there also was a contingency that their free standing sign be made a monument sign and their architect is working on that.
Mr. Geiss asked if the planter is being moved back.
Mr. Napierala said yes, the planter will be adjusted so that it is outside of the right of way.
Mr. Napierala said that he recognizes that their impact will be greater than one acre so they are preparing a full storm water prevention plan and they will submit that to the Town engineer for final review.
Mr. Hoy said that B&L did a preliminary drainage review of the plans back in November but they have not seen anything since then.
The Board and the applicant discussed a water district extension.
Mr. Napierala said that they have contacted the other properties informally to let them know about the extension and they have had positive responses from the residents.
The Board discussed the other properties not wanting to become part of the map plan and report and that it would be the applicant's responsibility to pay for the water line.
Mr. Napierala said that he thinks this project is ready to support the infrastructure extension to the project so that the water becomes available to those particular parties of which they would then do a tapping fee.
Mr. Wicks said that if something should happen in the worse case scenario they would punch a well and he may be speaking out of turn because since they need sprinklers he doesn't know if a well would be able to support it but their hopes are to put in the water line.
The Board discussed the elevations of the land and the building.
Mr. Geiss said the Board is going to need to see the County DOT notification, new location of the sign, drainage needs to be reviewed by the engineer, lighting plan, Health Department approval for the septic design, and a landscaping plan.
Motion #08-09 Mr. Geiss asked the Board to entertain a motion to table the submittal for Full Gospel Church. Mr. Thomas moved to accept the motion, seconded by Ms. Goodman. There was no further discussion. Motion carried, unanimously
HYACINTH LAND DEVELOPMENT - SUBDIVISION
Van Buren & Ellsworth Rd. Tax Map Parcel ID# 031-02-06.2, 031-02-04.1 & 031-02-03
Mr. Julian Clark was present to address the Board.
Mr. Clark said that they are proposing a residential subdivision on Van Buren Rd basically surrounding the Town Hall. They did receive a zone change to PUD for the property and they are here to start the preliminary subdivision approval process. They have submitted the conceptual layout for the subdivision in general accordance with the PUD, the application, the long form EAF, and to the Town engineer they have submitted the road profiles and the storm water management plan laying out the detention basins and how the storm water is going to be handled through the subdivision. The surveyor is in the process of putting together the official preliminary plan.
Mr. Clark said that they will have 60 single family detached lots, 20 attached single family lots, an apartment lot, and a commercial lot which is right in line with the PUD. The density 60 and 20 matches the setup for the PUD as far as the 70% of the total lot count and 30% of the total lot count. The archeological study is underway, the traffic study is being updated and they will be in line next month to address any other SEQR issues. They have also submitted a set of plans to get to the fire department for their review.
Mr. Geiss said that one of the comments that Mr. Pringle had stated with the fire department was the fact that they have a very long cul-de-sac or hammerhead on this plan. They are anticipating some future development on adjacent land but right now it is going to be a very long cul-de-sac or hammerhead and Mr. Pringle was concerned about that and he is not sure what the fire department's final comment is as of yet but he wanted to bring that to the applicant's attention. Originally they had that circling back in.
Mr. Clark said that they also had another cut down street so it wouldn't have been such a long cul-de-sac and if the Board or the fire department has an issue with that they will put the road back in.
The Board and the applicant discussed the access for the subdivision which will be on both Van Buren and Ellsworth Rd.
Mr. Clark said that the County has approved the entrance location.
Mr. Geiss said that the Board has great concern over the length of the cul-de-sac and he thinks the applicant should shorten the road.
The Board and the applicant discussed ways of shortening the cul-de-sac.
The Board discussed holding SEQR until the next meeting so the Planning Board Attorney could confirm if this is a Type 1 action and also waiting until next month to set the public hearing and send the application to County.
Motion #08-10 Mr. Geiss asked the Board to entertain a motion to declare the Hyacinth Land Development subdivision a major subdivision. Mr. Crandon moved to accept the motion, seconded by Ms. Goodman. There was no further discussion. Motion carried, unanimously.
Mr. Ruddock discussed ways of putting the road in with the applicant and possibly getting relief for the lots that the road will go through.
Motion #08-11 Mr. Geiss asked the Board to entertain a motion to table Hyacinth Land Development Subdivision until the Board receives further information. Mr. Crandon moved to accept the motion, seconded by Ms. Goodman. There was no further discussion. Motion carried, unanimously.
QSL SYRACUSE, LLC
3535 Walters Rd. Tax Map Parcel Id# 055-04-02.7
Mr. Julian Clark was present to address the Board.
Mr. Clark presented the Board with a signed and stamped plan.
Motion #08-12 Mr. Geiss asked the Board to entertain a motion to approve the signage and landscaping plan for Quaker Steak and Lube Syracuse, LLC at 3535 Walters Rd. Tax Map Parcel Id# 055-04-02.7. This is per the applicant's map dated October 2006 with latest revision 1/23/08. The latest revision added landscaping and this landscaping must be maintained throughout the life of the project because it is part of the overall lighting plan so it screens the overall lighting from the project to Walters Rd. so this is not only installed originally but must be maintained. Mr. Knapp moved to accept the motion, seconded by Ms. Goodman. There was no further discussion. Motion carried, unanimously.
HUNTERFIELD GROUP INC - ZONE CHANGE - INFO ONLY
7181 Van Buren Rd Tax Map Parcel Id# 051-02-25.0 AR-80 to PUD
Mr. Bill Morris and John Monette were present to address the Board.
Mr. Morris said that this project is a proposed zone change for a PUD and he doesn't believe it has been formally referred to the Town Board yet. They were told to appear and give an informational presentation to get the Board comments on the initial thoughts of the layout. It is a 72 acres parcel off of Van Buren Rd a little ways northwest of Peck Rd.
Mr. Geiss asked what the green circles on the map are.
Mr. Morris said that the green circles are wetlands from the Federal Wetland map and based on the topography they think the wetlands are somewhat smaller but until they get a delineation done they won't have a final answer on that.
Mr. Morris said they proposing a 4 acre commercial area fronting on Van Buren Rd adjacent to that they would be doing 14 duplex lots, 28 units and that would be zero lot line sized to meet the lot requirements for a duplex unit which would be 18,000sf for two units or 9,000sf per unit.
Mr. Geiss said that would be something less than the R-10 in the code.
Mr. Morris said that there is a duplex lot in the code which is 18,000sf which they thought was a reasonable size to use. They have 75 lots of 15,000sf per lot and at the rear of the subdivision they have 26 lots that would be 20,000sf per lot and in general those would comply with the Town's zoning requirements other than for the front yard setback he thinks they used the uniform 35ft which is a little longer than what might be required with the duplex and their idea was to be uniform throughout the project.
The Board and the applicant discussed the duplexes being attached.
Mr. Geiss asked the type of commercial they are proposing for the front.
Mr. Monette said that he thinks they would like to leave the options open but basically following the guidelines of what is acceptable and they have a list on the application of the different uses.
Mr. Geiss said on this type of application the Board likes to form a committee and have a sit down, discuss this and get into the details. That way the committee members and the applicant can put some tables together and discuss what is going on in one or more meetings to see what the applicant is looking for and hammer out any details such as the setbacks and the lot sizes and some idea on the layout also.
The Board and the applicant discussed the wetland that is on some of the proposed lots and that the applicant would be eliminating or rearranging the lots that contained an above average amount of wetland.
Mr. Morris said that they will also have some open space with walking trails.
Mr. Geiss asked who will be owning the open space.
Mr. Morris said that they are thinking about a home owner's association.
Mr. Thomas asked if there would be septic or sewers.
Mr. Morris said that they are planning on putting in sewers connecting down by FedEx with a pump station and water is just about across from the property coming up from Connors Rd.
The Board discussed the elevations of the property.
Mr. Monette said that they also own the rail bed from Connors all the way to the western end of the property and they are proposing the storm water area pond systems there.
The Board discussed forming a committee with the Town Board and ZBA members to discuss the project with the applicant.
Mr. Knapp and Mr. Virginia volunteered to be on the PUD committee for this project.
The Board and the applicant discussed the target value of the properties.
The Board discussed the Town's Comprehensive Plan and how far Industrial should extend on Van Buren Rd.
Mr. Geiss said that the Land Use Committee will be meeting soon to discuss major development in the Town and changes in some of the zoning code and all of the Planning Board members are invited to attend.
Mr. Geiss asked the applicant to go in front of the Town Board and the Town Board will assign members to the committee and take the lead on the zone change.
THOMAS LAMERE - ZONE CHANGE
6894 New Route 31 Tax map Parcel Id# 049-01-01 AR-80 to IND
Mr. Tom LaMere was present to address the Board.
Mr. LaMere said that he is asking for a recommendation from AR-80 to Industrial. This strip of land is between East Dead Creek Rd. and NYS Route 31 and is approximately 2.16 acres. When he purchased this property back in 1993 and used it as his yard and indoor storage for his business and in 2003 he asked to put up an office building and was granted a special use permit for indoor storage which allowed him to put up the office building and he now has an interested party that is going to use the property pretty much as he has but he guesses he was able to use outdoor storage for parking some equipment from time to time grandfathered in but they want to be assured that the new tenant is able to use the space the same as he has and the new tenant would like to store equipment outside from time to time so he needs to have it rezoned to Industrial.
The Board discussed the setbacks for Industrial use and the residences that surround that parcel.
Mr. Geiss said that they would not be able to park anything or set up a contractor's yard in the setbacks for Industrial and the setbacks are 75ft together and the lot is only 160ft wide.
The Board discussed the Land Use Committee looking at properties such as this one that are different than a normal parcel and that this parcel would be difficult to screen but would be required if this was turned into a contractor's yard.
Mr. LaMere said when the State put the road in it split up the property and it can't be used for agriculture and it can't really be used for residential.
Mr. Geiss said that the Board still has to go by the code and if they want to go to industrial then the Board has to look at what that does to the neighborhood.
The Board and the applicant discussed an Industrial zone change with restrictions and the Board said that the County and State would have to be involved because of the access to the property with the zone being changed and drainage would need to be looked at also if the use changes.
Mr. Geiss said that he would rather set this up for further discussion before considering the zone change because there might be more for discussion for what the Town might want to do with changing the zoning. The Town is setting up a committee to look at outdoor storage in areas other than industrial as opposed to only industrial.
Mr. LaMere said that his timeframe is quicker than waiting for a committee because that could take months and he would like a recommendation to the Town Board for tomorrow night.
Mr. Geiss said that the Board is willing to sit on a committee and talk about it because there are things that need to be discussed and it needs to be studied a little more.
The Board discussed this being spot zoning.
Mr. Geiss said something could be considered here with restrictions but the restrictions need to be worked out but at this time that is the best the Board can do but the Board will not recommend a flat change to Industrial because the Board needs to look at the restrictions, the setbacks and how that would affect this and what the applicant has left available on the property.
The Board discussed the last applicant that came in for Industrial zone change that was in an R-40 zoning district.
The Board decided not to make a recommendation to the Town Board at this time and assigned Mr. Crandon and Mr. Virginia to the subcommittee for this zone change.
SPANO, INC - ZONE CHANGE
Van Buren Rd Tax Map Parcel Id# 055-08-18 IND Overlay
Mr. Rudy Zona, Mr. Fogel and Mr. Bill Garrett were present to address the Board.
Mr. Fogel said in front of the Board is Spano's application for zone change from Industrial A to Planned Industrial District pursuant to Section 200-36 of the Town Zoning Regulations. The property is located on Van Buren Rd between Herman and Walters Rd. The property is comprised of 42 acres but the actual zone change is only going to be for approximately 20 acres. The 20 acres will be more or less the center of the parcel and the remainder of the property would be used as a buffer area between the project and surrounding land uses. The company's goal is to install and create a hot mix facility and a portable rock crusher on the site. Tonight they just wanted to give the Board an overview of what they plan to do and answer any preliminary questions or concerns that the Board has and to respectfully request a positive recommendation to the
Town Board on the application. They were before the Town Board on January 15, 2008 and the Town Board unanimously voted to initiate the application for the Planning Board's review and recommendation.
Mr. Fogel said that Spano was founded in 1954 as a small paving company but has grown into a regional leader of site excavation, asphalt recycling, and asphalt paving projects throughout CNY. The company currently has 75 employees throughout CNY area and they have the experience and expertise necessary to operate a project of this nature. The proposed plan would involve the installation and operation of a hot mix facility and a portable rock crusher. Prior to initiating the application the company identified a local need for this project. The company studied the industry and determined that there are actually only two asphalt plants in the Syracuse Metropolitan area that produces certified asphalt that would be appropriate for public highway products so the product will satisfy the company's demand for asphalt for its own business and it
would also satisfy regional demand for competitively priced bought quality asphalt for contractors, municipalities, and local residents.
Mr. Fogel said the parcel is currently vacant industrially zoned land that has historically been used for industrial uses and the 20 acres that they are asking to rezone where the project would be is a leveled and graded area so it wouldn't need that much site work to be project ready. As the Board can tell from the map the site is setback approximately 1000 feet from Van Buren Rd and access to the site will be provided by an existing access road that will be professionally paved by the company. The parcel is made up of 40 acres so after the 20 acres is rezoned the remainder will be a buffer between other parcels providing a visual barrier because it is a densely vegetated area surrounded by other industrial uses. There are a few homes scattered around but the houses are a few thousand feet away and there will be an adequate buffer between
the project and those homes.
Mr. Fogel said that the project is also compatible with the Town's Comprehensive Plan which provides for growth of industrial uses as necessary and desire to balance residential use with industrial uses. The project will create some additional employment within the Town and it will provide the Town and residents with a new source of high quality grade asphalt. The property is also located within the Town's sanitary district which the Comprehensive Plan provides is appropriate for industrial uses. The project area is also close to Route 690 and the Thruway which would allow adequate levels of service for trucks leaving the facility.
Mr. Geiss said that there is no sewer or water at that property.
The Board discussed where the sewer and water districts are in that area.
Mr. Zona said that this will be an asphalt production facility that will not have a lot of employees and there might be 3 to 4 employees at a time maybe and most of the truck traffic will come in get loaded and leave. They anticipate drilling a well and putting a septic system in and they don't anticipate this to be a very big facility that would require a very large septic system or connection to a sewer district.
Mr. Crandon asked about the 75 employees that are mentioned in the application.
Mr. Zona said that number represents the company's current employees but he imagines this facility can operate with 3 or 4 employees.
Mr. Zona said that the rock crusher area will have an area where people can drop off millings and things to be recycled.
Mr. Geiss asked if the rock crusher would have all materials brought in and if they are going to be doing further borrowing on the site.
Mr. Fogel said that it would be material brought to the site.
Mr. Thomas asked where the site will be fed from for raw materials.
Mr. Zona said that he is not sure about that but he does know that they do anticipate recycling a lot of millings and things so a lot of the trucks will be bringing recycled asphalt from other places to use as ground up recycled pavement. As far as where they will get the aggregate from he is not sure.
Mr. Thomas said that will have quite an affect on traffic.
Mr. Fogel said that the truck traffic will be market driven but in a high construction season they will probably see more trucks but these would not be 20 ton trucks a lot of these would just be pickup trucks that people are picking up asphalt for a rather small construction project.
Mr. Thomas asked if this would be seasonal.
Mr. Fogel said yes, there would be little or no activity in the winter months.
Mr. Ruddock asked what the hours of operation would be.
Mr. Zona said that he would bet that during the summer judging by other asphalt plants it would be as soon as they open until they close to try to take advantage of the construction season and hours would probably be 6am to 9pm during the summer and in the fall they might be 7am to 7pm and they would probably be closed in the winter.
Ms. Goodman asked about noise and dust from the operations.
Mr. Zona said that there is a 100ft vegetated buffer all the way around the outside and he thinks the back buffer is over 200ft and they are 1000ft from the road and the nearest residence he believes is more than 500 to 1000ft away looking at the USGS map so he doesn't think they will get noise or dust on any surrounding property.
Mr. Virginia said they are pretty high with the prevailing wind there and asked what type of smells these plants generate.
Mr. Garrett said asphalt is a liquid from the refining of crude oil which binds the roads together and that material basically has almost no odor at the temperatures that they use. If the Board has smelled things in the past usually when the temperatures are greatly elevated there would be more light ends off of the process so he would say wherever the prevailing winds are they should really be smelling nothing coming off of the facility.
Mr. Virginia said that when he went down the Thruway when the Thruway was doing all that repaving and he picked up that smell what was the smell.
Mr. Garrett said there are probably several things when they are paving and so that the material doesn't stick to the equipment they put release agents on to all of that so that it travels smoothly in some of the trucks and today it smells like oranges. They used to use diesel all the time and people were smelling heated diesel fuels; when they took diesel and raised it to 250 degrees there would be that odor coming off but they don't like diesel on the properties anymore so they are using different types of release agents now which have all kinds of unusual odors but at the plant they will be using a very small amount of that on the equipment to start it in the morning and they will not be using it the rest of the day.
Mr. Virginia said that they are going to be loading trucks with asphalt so what type of release agent gets put on the trucks.
Mr. Garrett said that they would have the same type of release agent that would go on to the truck and that each truck would have that on itself as it comes on to the property to be loaded so that same smell will be available not so much on the site as it would be at the paving site where they would have more of the odors. The release agent would be put on the truck before it is loaded on the property.
Mr. Virginia said the release agent would be put on the truck before they fill it with hot asphalt.
Mr. Garrett said exactly, and what occurs at that point is that it would be loaded by a silo or storage container with already prepared material and as it enters the truck the fumes just stay around the load out area of the silo and the only way that will be smelled again is when that material moves again off that truck or has movement out of that truck because then the agent will be available so when the truck is traveling no one will smell it because when the release agent is in the bed of the truck it stays there but the minute it is dumped people will start to smell some of those odors again.
Mr. Garrett said that it is not an unpleasant odor to anyone that would be living in the area and what people are smelling going down the road is a release agent primarily.
Mr. Geiss said if they are spraying release agents or putting the release agent on the property he doesn't believe the trucks are all water tight so what will they be doing with anything that falls out of the truck and if the release agent is contained.
Mr. Zona said that if anything falls out it would only be little.
Mr. Geiss said that they are going to have a containment area and anything that falls out is going to have to be collected so therefore they would have to have a treatment system right on site.
Mr. Zona said there will be a concrete pad that it operates on just as any other asphalt plant.
Mr. Geiss asked if there would be a collection and is it treated on site or hauled away.
Mr. Zona said that he doesn't know how they would haul it away.
Mr. Virginia said what if rainwater mixes with the release agent that is on the ground.
Mr. Zona said that will get treated in the storm water and they wouldn't be putting in anything different in the water at the asphalt plan than any state highway that is built.
Mr. Geiss said a highway is done every ten years but now they are going to run the asphalt plant every day.
Mr. Zona said that they will handle it in a similar fashion as any other asphalt plant.
Mr. Geiss said with the zone change at this point he doesn't see on the plan where the adjacent properties are or the setbacks and he knows that they have a lot of land there but he doesn't see those dimensions shown on any property and where the closest residents are to the property so from a Planning Board standpoint to make a recommendation he doesn't see any dimensions yet.
Mr. Fogel said that they were going to address those types of things during the actual site plan review process when it comes back to the Planning Board after zone change and then they would provide more details in the maps.
Mr. Geiss said that the Board has to have some information before the Board can make a recommendation. This is a substantial industrial use and they are going into a PUD of which the Board gives conditions on because this does not fit into the Industrial A and they need a PUD Industrial which is a formed PUD and it coincides with what the applicant and the Town and everything else can work with and then the Board can come up with setbacks and other things because this doesn't have the specific things that the others have.
Mr. Geiss explained to the applicant that the questions that are being asked tonight will be asked at the public hearing and the applicant is going to have to answer them.
Mr. Fogel said that he was under the impression that the conceptual plan would be what the Planning Board reviewed for referral to the Town Board and less was required than an actual site plan.
Mr. Geiss said being planners the Board wants to see dimensions and the Board wants to know uses and answers to the questions such as smell and containment.
Mr. Virginia said one of the things that he is looking at from a planning standpoint is when this goes to a public hearing on the zone change where this site sits relative to the other houses and there are going to be odors so where are the prevailing winds relative to those houses so that the Board has a better picture of any smells and if the smells going to carry are the prevailing winds going to bring it into those residential areas. The aerial photo is nice but if they expand that to where those houses are and what the hours of operation are going to be because obviously they will be bringing in some really big trucks so the Board needs to know the plan on bringing in those trucks. Those are the types of things that he is interesting in looking at because Van Buren Rd is one of the Town's big arteries and there are a lot of subdivisions
up the way that feed into that which are going to need that road space so he would like a better picture of hours of operation, the prevailing winds relative to the homes, and the other issues.
Mr. Fogel said a lot of things that the Board members have asked such as locations, distances to houses, a survey and more detail on the plans are all things that they have been working on and will continue to work at. They want to answer these questions so they can satisfy the Board and the Town Board.
Mr. Geiss asked if there are specific uses in the PUD Industrial.
Mr. Hunt said that it allows for heavy industrial use that it does not allow in an Industrial A or B.
Mr. Ruddock explained the Industrial Overlay allowed uses to the Board.
Mr. Geiss said that the setbacks for this would be set with the zone change and once those are set the Board works within those numbers with the site plan and that is why the Board has been saying that there is a lot of questions that they need to answer now because this is setting up the overlay zone and the Town Board sets those numbers not the Planning Board. The Planning Board adheres to what the Town Board says but if the Town Board is asking this Boards advice this Board needs to review the property and set the setbacks and other things that might need to be done.
Mr. Crandon said that they have 2 twenty gallon tanks and he assumes from their conversation that they must have oil in them and there is also a silo and what kind of protection is that going to have.
Mr. Geiss asked if the tanks were to leak would it be considered a hazardous substance.
Mr. Zona said no.
Mr. Geiss said that the Board would need to consult the engineer on that.
Mr. Virginia said that he would also like to know the decibel levels of the rock crusher.
Mr. Fogel said that they will provide a noise analysis as well as the height of the crusher and sound meters on the property lines.
Mr. Geiss said that there are also lighting requirements.
Mr. Geiss asked the applicant to get them the answers to the questions brought up tonight and the Board is willing to participate in a work session where questions can be asked by both sides and then everything can be put together.
Mr. Knapp and Mr. Thomas volunteered for the subcommittee.
OTHER BUSINESS
Mr. Geiss asked that the Board members hand in their attendance sheets from the County training that they attended.
The Board discussed the training session.
Mr. Virginia found an article about cell towers and distributed them to the Board members.
Mr. Geiss and the Board discussed the ZBA meeting.
Mr. Geiss said that the ZBA has asked that Verizon fly the balloon again and he encourages the Board members to go out and look at the site when the balloon will be flown.
Mr. Crandon said to change the Board's perspective everyone should go over to E. Mudd Lake Rd and drive south bound and approach 370 and look across the river because it shows all the trees and a very nice horizon and a cell tower is going to be planted right dead in the middle of it. The Board should not only look at the bottoms of the trees the Board should get away from it and look the other way and see what they are looking at because there is more than one way to look at this and Mr. Lusk said that this was for Lysander basically so Lysander should build their own tower.
Mr. Geiss said this Board has limits on what can be regulated. Utilities have certain rights and cell towers have been declared a utility.
The Board discussed what can and can not be looked at concerning cell tower applications.
ADJOURNMENT
Motion
Mr. Geiss called for a Motion to adjourn at 9:25 p.m. Ms. Goodman moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
Respectfully Submitted,
Vera Cavallaro
Planning Board Secretary
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