DRAFT PLANNING BOARD 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 – present, Laurie Griffen – absent, Patrick Hanehan – present, Robert McConnell – present, Jennifer Koval – present, and Alternate Joseph Lewandowski – present.
Also attending: Town Engineer Ken Martin, Dan Schweigard, Mark Sweeney, Dave Brennan, Sara Colman, Maresa Coppola, Stephanie Ferradino, Jim Sullivan and Clarence Fosdick.
Due to the absence of Board Member Laurie Griffen, Chairman Ian Murray elevated Alternate Joseph Lewandowski to full voting status.
Special Use Permit Pre-Submission Conference
Dennis J. Brida # 09-05
S/B/L 156-1-10 Rural Residential
Applicant proposes to convert the vacant Roadhouse 29 supper club, located on Rte. 29, into a delicatessen.
Attorney Maresa Coppola, of Jones Ferrandino, appeared before the Board for the Applicant. She reminded the board that this Applicant was before them last May seeking a Special Use Permit for a delicatessen, and due to certain circumstances at that time, they had to abort the project. She stated she believes this will be more compatible with the surrounding area than the supper club was and that it will not have a negative impact on the adjacent land uses. She stated the driveway and vehicular pattern will be similar to what currently exists with plenty of parking on site and the signage will remain as is. There is adequate water and sewer for the property; in fact its capacity is greater than its use. There will be significant changes to the exterior; she handed out color drawings depicting the new exterior to the Board. They will be constructing
the entrance to the building in a bungalow style; it will have stone pedestals with columns and an extended peaked rooftop overhead. The exterior color will change to a subdued shade of green; the privacy fence will come down. Chairman Ian Murray questioned if, as depicted in the pictures, the privacy fence will be replaced with a picket fence to soften up the appearance, and was told yes. There will be a handicap accessible ramp to the front entrance, a handicap accessible bathroom and there will also be a new staircase inside. The septic system was new in 2005 and they have the septic plans for Board review. The Applicant does not plan to be preparing any greasy food so there will be no grease going into the septic system.
The deli will offer traditional sandwiches and a hot menu, specializing in homemade salads, soups and desserts, utilizing locally grown produce whenever possible. In the past, the Applicants have owned and operated a delicatessen. There are no plans for inside dining, but they will place a couple of picnic tables outdoors to the east of the building. They are offering off premise catering and are hoping to open June first.
This project will have two phases; first is getting the building ready for occupancy; interior plans have been submitted with this application and the second phase will be working on the exterior and grounds; the parking lot will be paved at a later date. Chairman Ian Murray stated he is not comfortable with the parking ingress/egress. He’d like an ‘in and out’ design for more control there, and Town Engineer Ken Martin agreed. Chairman Ian Murray then questioned if the Applicants intend to fill in the area outside, where the loading dock by the basement walkout area is; same location of the proposed cooler, and Maresa Coppola said they will not be using that area and yes, she thinks they are filling it in due to it being an unsafe area with drainage problems. Chairman Ian Murray questioned the exterior and parking lot lighting and Maresa Coppola responded she hasn’t discussed that with the Applicant yet and will bring it to their attention. She then asked what the Board is looking for concerning that. Chairman Ian Murray told her that he didn’t know what they were proposing for lighting and wanted to be sure they stay within regulations. Chairman Ian Murray stated he was surprised they don’t plan on inside dining, and Robert McConnell added he felt the same way. Robert Park questioned if the screened porch then is for staff only and was told that is correct. Chairman Ian Murray stated Town Engineer Ken Martin will review the septic plans and upon completion he will return them to the Applicant. Town Engineer Ken Martin stated he’d like to know, for the septic system, what the food preparation plan is; it doesn’t sound as if a grease trap will be put in. He was told there will be a grease trap put in but they will not have any frialators, and that they can get more information for him. Chairman Ian Murray then stated we will schedule a Public Hearing for our May meeting and go through SEQR short form at that time. Maresa Coppola thanked the Board.
Special Use Permit
S/B/l 169-1-64 Rural
Returning Applicant is seeking a Special Use Permit to
erect a telecommunications tower within a 60’x 80’ fenced compound on the Town
Mark Sweeney of Whiteman, Osterman & Hanna LLP, along
with Dan Schweigard of Infinigy Engineering, appeared before the Board on
behalf of the Applicant. Mark Sweeney handed out an extra packet to Board
members with more defined answers to their pre-submission questions of the last
meeting; this is in addition to their original packet previously provided. Mark Sweeney stated the Applicants are
proposing a 150’ monopole tower located on the Town of
Mark Sweeney then stated the Town ordinance goes to demonstrating a need; looking at structures in the area and determine if any may be used as an alternative to building a new site and to analyze all those prior to proposing a new site. They did that. In the binder under exhibit 4A there is a map showing a 5 mile radius, which was the area specified by the Board, showing several structures within and without that area. These were analyzed and none were found to provide coverage to the area that they are seeking to address. To show that, they have provided as tab B, some RF plots that were prepared for them showing coverage from surrounding locations. That leaves a clear gap, in the middle along Rt. 29, of coverage from existing sites. They’ve then gone through to add in coverage that would be from this proposed facility that shows how that gap would be narrowed and covered in that area. Basically they have tried to show that they’ve looked at existing structures in that area and found none suitable for their needs. They know Verizon has an application in also and they have been talking to them and will continue to do so.
They then tried to show how they would be covering that
area, which dovetails with section F of Town Code, and requires them to
demonstrate this to the Board. Infinigy
floated a balloon to get some indication of what you would see; preliminary
visual was done in anticipation of the balloon float for the Board. Mark Sweeney handed the Board copies of their
site determination showing areas where you could view, even the tiniest bit,
the balloon. He stated they floated the
balloon at 2-2½ miles and superimposed a tower on the photos (where the balloon
was) indicating what they saw. They have
done some sight-line analysis relative to the Battlefield and areas nearby to
determine whether or not those areas would have a line-of-sight. He stated they
received a letter from Mr. Martin of the Park Service requesting consulting
party status on this project and they have no problem with that at all. They’ll provide copies of any materials he
may require, have a direct line of communication, and copy him as they go
forward on all materials provided to the Board.
They hope their in-put will help
avoid any issues and
The Applicant has redesigned the tower; it will be galvanized steel which weathers to gray so you barely notice it, which minimizes its appearance and it has a slender silhouette. It doesn’t require lighting or signs aside from a small placard on the fencing at the base of the tower. Vegetation will remain as is and they will try to tuck the tower up near the tree line so they can use that for screening. There is no view of ‘passers by’ since the site is so far back. As far as access goes they will be using the existing access. It will be an unmanned site, remotely operated with periodic monthly maintenance visits. Parking only needs to accommodate 1-2 vehicles and they will make sure there is enough area around the tower for emergency vehicles and since this will be on the town landfill there is plenty of land there. The fencing will be a chain link fence; no barbed wire proposed, with a 12’ wide, double swing gate. They provided a letter stating in accordance with Town code, that they will notify the Board when they are finished with the tower and will remove it in a timely manner; they are committed to do that. Mark Sweeney stated they have notified surrounding municipalities, National Park Services, Director of Emergency Services, Saratoga County Planning Board and the County and are asking for Board referral to the County. They will send out neighbor notifications prior to a public hearing.
Chairman Ian Murray thanked Mark Sweeney for a complete and thorough application. He noted there was no footing detail for the monopole and Dan Schweigard responded if they are allowed to proceed to construction, the geo-tech borings will be taken at the site and the footing design will be based on the existing soil conditions there.
Board member Paul Griffen questioned exactly where the tower will be built at the site, and Mark Sweeney stated on undisturbed land next to the dump, not on top of the dump.
Chairman Ian Murray stated that the Board requires a 5 mile view shed analysis not 2½ and Dan Schweigard responded they will be doing the 5 as required. Chairman Ian Murray then asked if they have a license for the tower and Mark Sweeney stated they are in conversation with Verizon and their hope is they can come to an understanding on which site will be used and have them co-locate on their tower and they can utilize their license to proceed further.
Chairman Ian Murray stated lead agency status for SEQR is needed.
Robert Park stated the balloon float will be a true worst-case view since there are so few leaves on the trees yet, and secondly, the equipment shed is remote and if a fire or something were to happen, are there any safeguards in there. Mark Sweeney responded the shelters come equipped with fire suppression systems; there is a detector in there and if there is a fire, those systems kick in and will put it out. We get into detail on this in the design and construction drawings when we submit for building permits. Robert Park then questioned if they will need to go higher in order to get enough carriers on the tower. Mark Sweeney responded they anticipate with the height they have that they can accommodate most anyone. He added if someone comes in with a less developed network and needs it to be higher, then they would come before this Board and ask for a modification and approval, as would Verizon if in the same situation, but he does not anticipate this happening. He stated he knows that in the Verizon application they ran their analysis at 190’ to accommodate the elevation differential between the two towers and they have provided Verizon with some more accurate coordinates of their site so they will be able to get a better elevation reading so they can run their tests there and make a determination of what it is. They’d like to get a full set of information for their application to the Board, and he’s sure Verizon feels the same way, particularly with the visual impact information so the sites can be analyzed side by side and see what the relevant impacts would be; then an educated decision can be made from there.
Robert McConnell questioned their time frame and was told
they’d like to build in 2009. They believe it will be June or July before any
Board approval will be made which still leaves time to build. The Board questioned the road obligation and
was told that whatever the Town maintenance obligation is now, will continue,
Mark Sweeney thanked the Board for their time.
David C. Brennan, Young, Sommer LLC 180 Walsh Rd.
S/B/L 169-1-62.1 Rural
is seeking a Special Use Permit to construct a telecommunications tower on the
lands of Mr. and Mrs. Raymond DeRidder,
Brennan, of Young Sommer LLC, along with Sarah Coleman of Arrow Smith
Engineering, appeared before the Board on behalf of the Applicant. He stated the Board will be hearing a lot of the
same things as
provided a separate letter responding to the Board’s questions of the
pre-submission conference. He stated it
starts with their Statement of Intent and their responses and compliance with
Board requirements. They are awaiting
FAA response, but are expecting to get a letter back within a week or two. Tab 1 is the full EAF, complete for your
Board review; they will have a complete visual EAF addendum with their view
shed report. Tab 2 is a copy of the
lease agreement, Tabs 3 and 4 are background material on the telecommunications
act, in case they need to go before the ZBA for variances. Tab 5 is copy of our licenses for the
Chairman Ian Murray thanked David Brennan for a complete and thorough application.
He questioned, both
David Brennan and Mark Sweeney, on past projects such as this, did any towns
require they put up a bond for tower removal and David Brennan responded it does
come up as a condition of approval; maybe 30-50% require it. Normally $25,000-$35,000 bond is required and
the Board has the power to ask this and if so, they will comply. Board member Patrick Hanehan questioned what
happens if they sell to another company, does the contract Verizon have with the
land owner transfer to the other company and David Brennan responded yes, there
is an assignment clause in their lease and whoever takes the assignment of the
lease are bound by all the terms and conditions. The special use permit binds with the land also. Chairman Ian Murray then stated, as in the
prior Application, there are no footing details for
the monopole and David Brennan responded only after approval the geo-tech
borings will be taken at the site and the footing design will then be based on
the existing soil conditions. Board
member Patrick Hanehan questioned the difference in fencing;
Chairman Ian Murray stated lead agency status for SEQR is needed.
Chairman Ian Murray
asked if there were any other questions, and since there were none, stated the
Board will set a Public Hearing for our May meeting. He added the Balloon Float will take place on
questioned the color of the balloons.
Sarah Coleman responded Verizon will use a red balloon with a tether at
the bottom and it was decided by Dan Schweigard that
Both Verizon and
Old Business: Grotto Special Use Permit compliance: Zoning Officer Gil Albert did an inspection and would like Chairman Ian Murray to go take a look and see if he feels they have accomplished what the Board is looking for.
New Business: Mr. Zene Garnsey came to the Board for information on options for the family property. Board discussion ensued on the private road, the trailer there, frontage, subdividing possibilities and consolidating possibilities. Mr. Garnsey has a lot of frontage on Rt. 4. Suggestions were putting in a road to town standards, speaking with an attorney and putting it into an LLC, talking to a surveyor and perhaps checking with Zoning Officer Gil Albert or the Zoning Board Chairman Stephen Bodnar on the fire lanes there and if there is something that can be done. Zene Garnsey thanked the Board for their time and help.
Next meeting will be held
Robert McConnell made a motion, seconded by Paul Griffen, to adjourn the meeting at Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffen – absent, Patrick Hanehan –aye, Paul Griffen – aye, Robert McConnell –aye, Jennifer Koval – aye, Alternate Joseph Lewandowski – aye. Carried 7 - 0.