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Town
of Clay
Approved
Planning Board Minutes
September
23, 2009
The regular meeting of the Planning Board of the Town of Clay, County of Onondaga was held at Town Hall located at 4401 State Route 31, Clay, New York on the 23rd day of September, 2009. The meeting was called to order by Chairman Lepkowski at 7:30 PM and upon roll being called, the following were:
PRESENT: Walter Lepkowski Chairman
John Dougherty Deputy Chairman
Karen Guinup Member
Hal Henty Member
Allen Kovac Member
James Sharpe Member
Russ Mitchell Member
Scott Chatfield Planning Board Attorney
David Balcer Town Planner
Mark Territo Commissioner of Planning &
Development
Ron DeTota C & S Engineers
Gloria Wetmore Planning Board Secretary
A motion was made by Allen Kovac seconded by James Sharpe to approve the minutes of the previous meeting.
Motion Passed 7-0
Public Hearings:
2009-8-1 Syracuse SMSA Limited Partnership d/b/a Verizon Wireless, Special Permit Advisory Referral – 5232 Caughdenoy Road
Chairman Lepkowski opened the public hearing. Jared Lusk of Nixon and Peabody, Greg Hanley and Jim Deloria of Verizon were present for the applicant. Jared Lusk attorney for the applicant summarized the plan. Mr. Lusk asked if the Board had a chance to review the plans submitted. Chariman Lepkowski said that they had just received the packet that night and did not have time to go over it as of yet. Verizon would like to install a 140 ft. cell tower at 5232 Caughdenoy Road. he pointed out the lack of coverage near and around the Caughdenoy Road area. Mr.Lusk explained that Verizon looked at 6 different sites. Greg Hanley, engineer for Verizon explained that if they lowered the height to 120 ft. some of the area would still have no coverage.
John Dougherty asked if all the PCS towers were shown on the plan. Mr. Hanley said that all 7 of their towers are on the plan that service this area or ring. Hal Henty asked if any other companies’ towers were in the area. Mr. Hanley said not to his knowledge. When they look into a new tower they always check to see if there is an existing tower that they could use; however, there were none that would service this area. Chairman Lepkowski asked why they were going to put a tower in an area that is part swamp land; an area that would never need service. Mr. Hanley said that the overall coverage area was best suited at this location.
John Dougherty asked if the applicant had looked into lowering the height and using directional antennas. Mr. Hanley said they are using directional antennas, and if the towers were shortened they would lose half the service for this area.
Chairman Lepkowski asked where the other locations were that Verizon looked into. The Baker property at 5232 Caughdenoy Road, the Emmi property at 8093 Maple Road, the Clay Volunteer Fire Dept. located on Caughdenoy Road, another property along Caughdenoy Road, the Hoyt property at 5123 Caughdenoy Road, and the Mufale Builders property.
Chairman Lepkowski asked Mr. Hanley to explain signal strength.
Chairman Lepkowski asked if they would be using microwaves, and if so there is some concern about ultra lites aircraft flying through the waves and the pilot getting injured. Mr Hanley explained that the danger was minimal, according to OSHA you can be directly in front of the microwaves for 6 minutes at a time with no problem.
Chairman Lepkowski asked if Verizon had the capability to limit the percentage of text messaging and phone calls at will, Mr. Hanley said they do not impose any limits, however the do give priority to emergency and government officials .
Chairman Lepkowski asked how tall the trees are in the surrounding area. Mr. Hanley responded that they are approximately 40 feet tall. How large an area are you leasing? Mr. Lusk said they are leasing an area 75 X 75 ft. The Chairman asked if the code required the height plus 25ft. for the set back. David Balcer said that pertains to buildings not cell towers.
Russ Mitchell asked if these would be used solely by Verizon or would other companies lease space on the tower. The towers will support other companies. Russ Mitchell also asked if they would remove any existing vegetation, and if Verizon planned to camouflage the tower to look like a pine tree. Mr. Lusk said the scrub brush will be removed to make way for the access road, as far as camouflaging the tower; Verizon will paint it any way the town wants. Mr. Lusk did say some towns insisted on some camouflage that didn’t work out to well, most are going with just silver, so as it ages it blends in with the sky.
Matthew Bitz of 5225 Caughdenoy Road asked Greg Hanley, frequency engineer, if the reason that he insists this area is in urgent need of a cell tower is because he works for Verizon. is asked why they couldn’t just raise all of the surrounding towers to cover the no service area. Greg Hanley said it wouldn’t matter how tall you made the existing towers it still would not cover the white area. Mr. Bitz also asked why he and his neighbors weren’t notified about the meetings, and why the neighbors weren’t given a packet like the Board was given by the applicant. Scott Chatfield explained that the agendas are posted in the newspaper. Scott Chatfield also said this is just the beginning of the process, he said that the public hearing would not be closed tonight. Mr. Chatfield gave his copy of the plan to Mr. Bitz.
Chairman Lepkowski asked Mr. Lusk if Verizon would consider hiring an independent consulting firm to see if this cell tower is needed, he said they would do that if the Town deemed that necessary.
Tim Dickerson Deputy Fire Chief of the Clay FD said they use Verizon’s service all the time on fire calls; They are called to this area of Route 481, and it is in the no service zone.
The fire department has to use their cell phones because the County is overhauling the radio system, so right now it is not reliable.
Bruce Bresadola of 8272 Maple Road said they could put a tower on his property, he said it could be 160 ft tall and no one would even see it. Mr. Bresadola was invited up to point out on the plan where his property was located. His property was too close to the other cell towers to provide any additional benefit.
Scott Chatfield asked if they could build three or four 40 ft towers. Jared Lusk said the expense would be too great; the cost of the facility is in the equipment that is running the antennas. The law dictates Verizon build two of these sites even if only one is needed.
Dorothy Heller asked why the existing 7 towers don’t cover the area. Mr. Hanley explained again that the towers directional antennas don’t reach into this area. Mrs. Heller also asked where she got her signal for her residence. Mr. Hanley said most likely her signal comes from the tower they have in Pheonix.
Hal Henty said everyone asks where are the cell towers, because once they’re built no one sees them, after a while they blend in.
Chairman Lepkowski takes exception to some of the Board Members saying they don’t see the towers, he said he does see the towers.
A motion was made by Karen Guinup seconded by Hal Henty to adjourn the public hearing to October 14, 2009 .
Motion Passed 7-0
To review the following Text Amendments to the Code of the Town of Clay: Local Law Number 4 and 5 of 2009 and Ordinance Number 1 and 2 of 2009. The purpose of these amendments is to give clarification and correction to portions of the Code;
A motion was made by John Dougherty seconded by Allen Kovac to recommend the amendments to the Code of the Town of Clay.
Motion Passed 7-0
Old Business: Adjourned Hearings
2007-12-3 Group One Development, LLC (3) Site Plan– Corner of Route 31 & Henry Clay Blvd. (Adjourned from 19 previous meetings)
The applicant requested an adjournment to a meeting in October. A motion was made by James Sharpe seconded by Hal Henty to adjourn this hearing to October 14, 2009.
Motion Passed 7-0
2009-1-6 Gary Bell (3) Site Plan, 7422 Oswego Road (Adjourned from 7 previous meetings)
The applicant requested an adjournment to a meeting in October. A motion was made by John Dougherty seconded by Allen Kovac to adjourn this hearing to October 14, 2009.
Motion Passed 7-0
2009-4-3 Self Storage Buckley LLC (3), Site Plan - 7500 & 7502 Buckley Road
(Adjourned from 5 previous meetings)
The applicant requested an adjournment to a meeting in October. A motion was made by James Sharpe seconded by Hal Henty to adjourn this hearing to October 14, 2009.
Motion Passed 7-0
2009-5-2 Empire Bldg. Products/Reserve Supply (3), Special Permit - 7707 Henry Clay Blvd. (Adjourned from 3 previous meetings)
The applicant requested an adjournment to a meeting in October. A motion was made by Allen Kovac seconded by James Sharpe to adjourn this hearing to October 14, 2009.
Motion Passed 7-0
2009-6-1 Oneida Financial Corp. (3), Site Plan – 5232 Witz Drive.
Chairman Lepkowski explained that Mark Territo, Commissioner of Planning and Development, administratively approved the subdivision.
Chairman Lepkowski closed the public hearing.
A motion was made by Russ Mitchell seconded by James Sharpe to adopt a resolution using standard form # 10, that the SEQR determination for Case # 2009-6-1 Oneida Financial Corp, located at 5232 Witz Dr., be declared a negative declaration as it appears to have no environmental impact which can not be mitigated and does not involve any other permit granting agencies including the Federal Government.
Motion Passed 7-0
A motion was made by John Dougherty seconded by Russ Mitchell to adopt a resolution
using standard form # 20 granting Site Plan approval for 2009-6-1 Oneida Financial Corp, Located at 5232 Witz Drive., Title Sheet LJR Engineering, # 852004 C5 dated May 25, 2009, revised August 6, 2009, Final Plan By Ianuzzi & Romans # 3157.004 dated August 3, 2009, LJR Engineering. dated May 28, 2009, last revised June 17, 2009, Photometric Plan by Harmony Associates # 2009.014, dated April 23, 2009, Final date July 28, 2009, Map A-1 first and second floor, dated April 23, 2009, revised August 6, 2009, Map A-4 dated April 23, 2009, last revised August 6, 2009, Map A-5 dated April 23, 2009 revised August 6, 2009.
Motion Passed 7-0
2009-6-2 Thomas Potter, Zone Change Recommendation RA 100 to HC-1, 4739 Buckley Road
Janet Rathbun, a resident, is concerned about the hours of operation in an HC-1 as any proposed business could be opened 24 hours, also Ms. Rathbun thinks the HC-1 is to intense. Chairman Lepkowski explained that if the applicant wanted a drive thru, they would have to obtain a special permit, and gain approval from the Town Board.
Chairman Lepkowski asked the Board for a motion to make a recommendation. A motion was made by Hal Henty seconded by Walter Lepkowski using standard form #50 stating that the proposed zone change for the northeast corner of Buckley Road and Henry Clay Blvd. from RA-100 to HC-1 is appropriate because it fits in with the general character of the corridor and it will provide beneficial services that are compatible with the adjacent industrial park.
A roll call vote was conducted as follows:
Chairman: aye
Hal Henty: aye
Karen Guinup: nay
John Dougherty: nay
Al Kovac: nay
Jim Sharpe: nay
Russ Mitchell: nay
Motion Failed 2-5
A motion was made by Karen Guinup seconded by Russ Mitchell to recommend that the proposed zone change be denied based on the premise that the proposed use is too intense for the neighborhood, and NC-1 would be a more appropriate zone for this parcel.
A roll call vote was conducted as follows:
Chairman: nay
Hal Henty: nay
Karen Guinup: aye
John Dougherty: aye
Al Kovac: aye
Jim Sharpe: aye
Russ Mitchell: aye
Motion Passed 5-2
Old Business: Hearings Closed
NONE
New Business: Signs
La-Z-Boy Furniture Gallery – 4182 State Route 31
Zoned RC-1 (less than 5 acres), permit #41,450
Wall sign – Allowed 2/tenant 8% of wall. Wall square footage is 2980 s.f., 8% = 238.4 s.f.
Proposed sign is 6.55’ ht. x 30.79’ wide = 201.67s.f. (boxed)
Freestanding Sign – Allowed 1/entry, 64 s.f. max.,25’ ht. max. & 25’ setback.
Proposed: Re-face existing which is 99.75 s.f.
A motion was made by Hal Henty seconded by John Dougherty to approve the sign as presented.
Motion Passed 7-0
ADJOURN MEETING
A motion was made by James Sharpe seconded by Russ Mitchell to adjourn the public hearing at 9:50 P.M.
Motion Passed 7-0
Respectfully Submitted
Gloria Wetmore
Planning
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