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August 17, 2005 Planning Board Worksession
Chairman Larry Ruth called the meeting to order at 7:40 P.M. Members present were Gene Bavis, Elaine Leasure, Larry Ruth and Peter Schillaci. Pat Stark was absent. Also present were Phil Williamson, Paul Russell, Norm Druschel and Dick Morris.
Peter Schillaci made a motion, seconded by Elaine Leasure to approve the Planning Board minutes of July 20, 2005, as presented. Motion carried. Gene Bavis abstained.
1. Application of Jim Bremer for discussion for Special Use Permit to erect a private, noncommercial antenna system for ham radio use licensed by the FCC. Property is located at 390 Hillside Circle. Property is zoned R.
Mr. Bremer was present and stated that he was applying for a Special Use Permit to construct an amateur radio antenna support and antennas. A detailed proposal has been submitted which includes details of the installation, photographs of the location of the structure, a list of neighbors the applicant has contacted, information on the importance of antenna height, safety calculations and background information.
Mr. Bremer addressed the concerns outlined in Paul Russell’s letter dated August 9, 2005, as follows:
v The height of the antenna will be between 93-95’. The structure will be 78’ with a 2” diameter mast extending from the top of the structure to support the antennas.
Gene Bavis questioned if the total height of the antenna and the support would be 93-95’. Mr. Bremer verified the total height would be 93-95’.
v The proposed site was used to provide maximum screening on the property from the available trees. The applicant is flexible in relocating the antenna to meet any setback requirements.
v Mr. Bremer has been working with a volunteer counsel, John Park, who did have correspondence with Dick Morris.
v The structure has been sited to maximize the screening provided by the available trees. The neighbors have been contacted regarding the application.
v There is information on radio frequency interference included and there should not be an emissions problem. The applicant will work with his neighbors, should interference occur.
v Exhibit O outlines the transmitter power, the loss of the feed line to the antenna; which increases with frequency, the distance to the antenna; which effects the loss of the line, the frequency of the antenna and the distance from the antenna to the property line. The percentage of allowable limit that the hill strength will be at the property line is outlined. There is a printout for each frequency the antenna will be operated on, and in each case, the field density is less then the allowable Federal Regulations limit.
v The tower should not interfere with cell phones, as cells phones operate around 900 mhg. The highest frequency of operation the proposed structure will be is 30 mhg, which is very far removed in frequency.
v Dick Morris, Attorney for the Town, stated the Town Code requires the setback is a minimum of the height of the tower. The setback, as presented is only 40’, making the application not in compliance with the law. Dick suggested the applicant apply for an Area Variance from the Zoning Board of Appeals.
Peter Schillaci questioned if the placement of the tower was to maximize the amount of buffering from the neighbors. Mr. Bremer stated the proposed placement for the tower was for the benefit of the neighbors, he would prefer the tower be placed closer to the residence.
Elaine Leasure questioned if moving the tower closer to meet the setback would impact the neighbors. Mr. Bremer stated that it would impact his neighbors to the south, the most. There are trees along the south property line, but would reduce the screening the neighbors would have from the structure. If the setback is the primary concern, the applicant is willing to amend the application.
Mr. Bremer stated that if the neighbors sustained any interference, he would work with the neighbors to resolve any interference. Mr. Bremer is an engineer by profession and work with same situations as part of his employment.
Chairman Ruth questioned if the Board should be consult the William P. Johnson, a communications expert, previously used for cell tower determinations for clarification.
Dick Morris stated that under Section 180-43.4 (12)K, the Planning Board has the right, if it so chooses, to hire experienced mobile communication engineers, New York State licensed structural engineers or other technical consultants to help analyze the applicant’s application and to make suggestions to the Planning Board, and the applicant shall reimburse the Town for the cost of the technical consultant as provided in 151-44-C of the Code.
Paul Russell stated that he is satisfied with the basic structure and it is unlikely that there will be a structural failure. However, unforeseen accidents do occur and precautions need to be taken to prevent unforeseen accidents.
Mr. Bremer questioned the necessity of consulting an expert. Chairman Ruth stated that the project is technically too advanced for the Board and an expert’s findings are necessary.
After further discussion, the decision of the Board is to forward the applicant’s application to William P. Johnson for a cost estimate for technical review of the application.
Chairman Ruth requested the applicant locate similar towers and present the Board with photos of such at a future Planning Board meeting.
2. Permit to Application of Ray Zientara for discussion for Special Use locate and operate an auto repair shop and retail used car sales facility at 787 Plank Road. Property is zoned Hamlet.
Ray Zientara – 1400 Hogan Road, Webster, New York, owner of the property located at 787 Plank Road, was present and stated that he has an individual that would like to occupy his building. Mr. Zientara stated his application was for an auto repair shop with retail used car sales.
Chairman Ruth questioned what currently occupied the building. Mr. Zientara stated that the prior tenant was evicted from the property as of July 1, 2005 and the 789 Plank Road side of the building was not occupied at this time.
There will be a maximum of 15 cars, per Mr. Zientara.
Phil Williamson, Code Enforcement Officer, stated he had taken photos of the property earlier that day and would like to share them with the Board. The pictures outlined the exterior and interior of the building. Phil suggested that the Board review the site personally.
Gene Bavis questioned if Mr. Zientara is the owner of the building, but will not be operating the auto repair shop, which the Special Use Permit should be issued to. Dick Morris stated that the Special Use Permit would need to be issued to the person operating the auto repair shop and Mr. Zientara.
The Board reviewed the photos submitted by Phil Williamson.
Chairman Ruth stated that over the past several years there have been numerous auto repair shops at this location, but there is a problem in holding someone responsible for the maintenance of the property and adhering to conditions. Has there been anything established in the past that the owner of the property is responsible.
Dick Morris stated that the owner and the interested renter should file a separate Special Use Permit application, in an effort to eliminate future violation problems. If the Board places conditions on the Special Use Permit approval, the person violating the conditions would be responsible for their own actions.
Phil Williamson stated there is no working bathroom and there are numerous Code violations. Phil suggested when the property is totally cleaned up, and meets NYS Code, that the property be inspected to make certain it meets NYS Code and a Fire Inspection performed by Norm Druschel, the Walworth Fire Marshall.
Phil further stated that the upstairs is full of old tires. Even though the exterior of the building is cement block construction, there are several combustibles in the building that would burn easily.
Phil stated that unless the building is put in a condition to pass the above-mentioned inspections, problems would continue. Phil stated that he could empathize with Mr. Zientara, as he pays taxes on the property and has very little income from the property. Mr. Zientara stated if he had more income, he would be in a better position to clean up the property.
Gene Bavis made a motion, seconded by Peter Schillaci, that the application will not further be considered until the property is put in a condition to meet all State Laws and Town Code.
Roll Vote: Gene Bavis Aye Elaine Leasure Aye Larry Ruth Aye Pat Stark Absent Peter Schillaci Aye
Motion carried.
Gene Bavis stated his recollection is that there was to be a buffer between the neighboring properties. Phil Williamson stated it was his understanding that it was a requirement of the Special Use Permit approval to Mr. Biletskiy. Phil stated that there is a large amount of undergrowth, which provides natural buffering. The undergrowth is deciduous, and would die off during the winter months. It would be up to the Board if they would want to place similar buffering requirements on future Special Use Permits. Phil Williamson stated that the ground is very rocky and anything planted would have to be able to grow on thin soil with numerous rocks and boulders underneath.
Chairman Ruth stated that the Board would not be proceed further with the applicant’s request until such time as the property is put into condition to meet State Laws and Town Codes.
3. Other
Sam D’Lfonso was present and stated he currently has a contingent purchase offer for the property located at 2256 Wal-Marion Road. Mr. D’Lfonso stated he had talked with Phil Williamson about the possibility of using an existing easement on the property to allow him to cross over the parking lot that is owned by the Wee People Preschool.
Mr. D’Lfonso stated that the contingency to buying the property was verification that the existing easement, to access behind his building for parking, was permanent.
Dick Morris stated that if there were no modification to the existing site plan, there would be no need for a public hearing. A permit should be obtained for the additional parking area.
Gene Bavis made a motion, seconded by Elaine Leasure to adjourn
Motion carried.
Phil Serafine, spoke out from the audience. Chairman Ruth stated that Mr. Serafine was not on the agenda, as he had not submitted any information in a timely fashion. Mr. Serafine replied that he had mailed 8 copies of a subdivision map to Norm Druschel. Norm Druschel responded that he had received the maps, however, there was no application or explanation attached. Norm further stated that the maps were the same maps that were submitted 2 years ago. Mr. Serafine stated he had been misinformed.
Chairman Ruth reiterated the meeting was adjourned.
Meeting adjourned 8:35 P.M.
Karen Ambroz, Clerk |