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58-2000_SBA_0919009/19/2000 RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 58-2000, Introduced by Catherine LaBombard who moved for its adoption, seconded by Robert Vollaro: WHEREAS, there is presently before the Planning Board an application for: SBA, INC. & SOUTHWESTERN BELL CORP., and WHEREAS, this Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED: 1. No Federal agency appears to be involved. 2. The following agencies are involved: NONE 3. The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury. 4. An Environmental Assessment Form has been completed by the applicant. 5. Having considered and thoroughly analyzed the relevant areas of environmental concern and having considered the criteria for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Board finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration that may be required by law. Duly adopted this 19th day of September, 2000, by the following vote: AYES: Mr. Vollaro, Mr. Ringer, Mr. Metivier, Mr. Hunsinger, Mrs. LaBombard, Mr. MacEwan NOES: Mr. Strough MR. MAC EWAN-Before we entertain a motion, Zoning Ordinance is 179-73? MR. SCHACHNER-Point 1. MR. MAC EWAN-Point 1. MR. SCHACHNER-Well, I didn’t mean to interrupt you, unless maybe you’re in 73. I’m in 73. MR. MAC EWAN-I don’t know, maybe I’ve got an old issue. Maybe my issue’s not been updated yet. MR. VOLLARO-Mine has. MR. SCHACHNER-The Section on Telecommunications Towers is 179-73.1. MR. MAC EWAN-Then mine hasn’t been updated. Wow, I’ve got an old copy. MR. SCHACHNER-If you’re looking at 73, it’s going to say something about satellite receiving antennas. MR. MAC EWAN-That was exactly what I was going to ask you. Everything I’ve got is residential. MR. SCHACHNER-Yes. You’re in the next Section, 179-73.1, which is the specific. MR. MAC EWAN-For the record, I’d like a new copy of the Ordinance book, please. MRS. LA BOMBARD-All right. What is it? I have, satellite receiving antennas. Is that what you have, Craig? MR. SCHACHNER-The one right after it. MR. MAC EWAN-Okay. Yes, I’m looking at a whole new Section that I don’t have. MRS. LA BOMBARD-I don’t have it either. MR. MAC EWAN-Mrs. LaBombard would like a new copy of the Ordinance, too. MRS. LA BOMBARD-It’s because we’ve been here longer than anybody. We still have the ones that are six years old. MR. MAC EWAN-Okay. MR. SCHACHNER-You have the Section, I gather, just not in your book. MR. MAC EWAN-I don’t have, I’m looking in Bob’s book. I’m looking at it now though, yes. Okay. My question’s been answered. All right. Does someone want to introduce a motion? MOTION TO APPROVE SITE PLAN NO. 58-2000 SBA, INC. & SOUTHWESTERN BELL CORP., Introduced by Robert Vollaro who moved for its adoption, seconded by Larry Ringer: WHEREAS, the Town Planning Board is in receipt of Site Plan No. 58-2000, SBA, Inc. & Southwestern Bell Corp., for placement of a 195 ft. tall wireless tower on an 8/74 acre parcel. In accordance with Section 179-73.1 Telecommunication Equipment installation requires Planning Board review and approval. Tax Map No. 30-1-51. Cross Reference Use Var. 30-2000, and; WHEREAS, the application received 6/29/00 consists of the following: 1. Application materials as outlined in the Official File WHEREAS, the above is supported with the following documentation: . 9/19/00 Staff Notes 9/11/00 Eng. Review comments 9/8/00 J. Lapper from L. Moore 9/7/00 Meeting Notice 9/5/00 Note to File 9/5/00 J. Edwards from L. Moore 8/23/00 Rec’d. – FCC publication dated 6/2/00 8/22/00 Planning Board resolution – tabled 8/21/00 Record of Telephone Conversation 8/17/00 Picture of example of cell tower alternatives 8/16/00 Picture of Boom Test in Kinderhook 8/15/00 Staff Notes include 8/11 CT Male comment, Justification of Height Memo rec’d 8/4/00 8/14/00 Fax of staff notes to K. Hastings, J. Lapper 8/15/00 S. Newell from L. Tarbox responding to CT Male comments of 8/11/00 8/14/00 TB from T. O’Donnell 8/11/00 CT Male comments 8/11/00 J. Edwards from L. Moore 8/10/00 Property owner from T. O’Donnell 8/9/00 Warren Co. Planning Board recommendation – approved 8/8/00 Notice of Public Hearing 8/2/00 Post Star article 8/2/00 Meeting Letter 7/28/00 J. Edwards from C. Round – transmittal of applications for eng. review 7/5/00 J. Lapper from L. Moore 7/5/00 Review of application by LM Undated Press Release addressing customer concerns about health effects 5/17/00 Comment from UV file – J. Dufresne 4/12/00 Evaluation for SBA Towers – ASAC study WHEREAS, public hearing was held on 8/15/00 concerning the above project; and WHEREAS, the Planning Board has determined that the proposal complies with the Site Plan requirements of the Code of the Town Queensbury (Zoning); and WHEREAS, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and WHEREAS, the requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; NOW, THEREFORE, BE IT RESOLVED, THAT The application is approved and is subject to the following conditions: In accordance with the resolution that’s been prepared by Staff with the following conditions: Landscaping must be installed and maintained as shown on the accepted final site plan; and Upon abandonment, the SBA, Inc./Southwestern Bell Corp. will remove the tower and that removal will be paid for by a bond that has been previously posted;, and An engineering statement indicating that the tower is structurally sound will be provided prior to a building permit being issued for the construction of same; and Each future tenant on the tower shall be reviewed by the Zoning Administrator or the Planning Board and obtain Town Engineer sign-off. A six-foot chain link fence with an additional one-foot of barbed wire fence will enclose the site; and As per Drawing No. C-2 the guy tower is to be gray in color and the equipment buildings are to have an earth-tone façade; and The additional driveway slope is to be at a grade no greater than 10%. Duly adopted this 19th day of September 2000 by the following vote: MR. VOLLARO-And the motion is made in accordance with the resolution that’s been prepared by Staff, and there’s conditions on the prepared motion, and those conditions should stay. MR. RINGER-See the words “must be professionally installed and maintained”, we’ve been crossing that off. I didn’t know, if you were making the motion. MR. VOLLARO-Okay. The motion will be the conditions attached to the motion will be changed. Condition One, we’re removing the word “professionally” from the first condition, where it says “Landscaping must be professionally installed and maintained as shown on the accepted final site plan”, and we’ve removed the word “professionally”. Other than that, all the statements remain as they are. MR. SCHACHNER-I think you’re going to have to clarify that before you second it, because Condition Five has three words that don’t say anything, and Condition Six has some blanks in it. So if you want to include those conditions, I think you’re going to need to complete them. If you don’t want to include them, then you’re going to need to delete them. MR. VOLLARO-I understand “Upon the abandonment, the”, and I know what should go, I think I know what should go in there. Are they posting a bond that says, in the event this has to be abandoned, that they will pay for it? I think there’s something in here that I remember reading about that. Is that correct? MR. NEWELL-We’ve provided the bond, yes. MR. VOLLARO-Okay. Upon abandonment, the SBA, Inc., Southwestern Bell Corporation, will remove the antenna, and that removal will be paid for by a bond that has been previously posted. Number Six, an engineering statement indicating the tower is structurally sound is dated, and did we get one, as a date for that? Has the engineering statement indicated that the tower is structurally sound? Now, I think that what that means is if I was going to put an antenna on another tower. Have you come up with engineering data that says this 195 foot tower is structurally sound? MR. LAPPER-We’ve got an engineered site plan, stamped by an engineer. MR. VOLLARO-Well, I’ve got to deal with the blanks. There are blanks here, and I’ve got to deal with them. I can’t just eliminate them. MR. MAC EWAN-I know that. Laura, what do you mean by Item Six? Is this the administrative thing that you were talking about, that is each new? MRS. MOORE-No, it’s not. It’s under the, he has to have a dated site plan, which I don’t have. I don’t have an engineer’s letter that says that this was for five antennas and it’s structurally sound to accommodate five antennas. You can reference the site plan, if you want to, but I don’t have a letter from the engineer that says, or his engineer that indicates that this has been. MR. MAC EWAN-What’s our review process? Is there a CO issued on these things? MRS. MOORE-What I don’t have in the file is a letter that indicates to me that this tower is structurally sound, other than the sign off by C.T. Male. MR. MAC EWAN-You want it stamped by a P.E., is what you’re looking for then? MRS. MOORE-I don’t have a letter. I have a site plan that’s stamped by a P.E., but if you believe the plans are enough information. MR. MAC EWAN-Wait a minute. Just re-phrase that so it says that at the time that building permit is issued, a certified drawing by a licensed engineer will be submitted with the packet. That’ll cover it. Okay. MR. LAPPER-I think Bob just made one error. He said removal of the antenna, and he meant removal of the tower, for the bond. MR. VOLLARO-Yes, removal of the tower. Okay. We will say an engineering statement indicating that the tower is structurally sound will be provided prior to a building permit being issued for the construction of same. MR. MAC EWAN-Okay. MR. RINGER-I’ll second it. MR. MAC EWAN-Before we run through the vote, are we square on that, Laura? MRS. MOORE-Yes, I do understand that. Are you including the last bulleted item that she has under Item Eleven? MR. MAC EWAN-I didn’t see that. Yes. MR. LAPPER-With the Planning Board or the Zoning Administrator? MR. MAC EWAN-It’s my understanding that would be the Zoning Administrator’s call. If he deemed that it should come back in front of the Planning Board, he’ll make that determination. MR. SCHACHNER-If that’s the case, then your condition should say Zoning Administrator or Planning Board. MR. MAC EWAN-And/or Planning Board. MR. SCHACHNER-Right. MR. VOLLARO-I will read that again, Item Eleven. Each future tenant on the tower shall be reviewed by the Zoning Administrator or the Planning Board and obtain a Town engineer’s sign off. MR. MAC EWAN-Larry, do you want to second that? MR. RINGER-I’ll agree with that on the second. MRS. LA BOMBARD-I’m going to say yes, but wait a second here. I’m going to say yes, and I’m doing this reluctantly, but I’m also doing it in the hopes that, in the future, we’re going to see that tower’s going to be out of there, because our engineer’s going to start bouncing these things off satellite’s, like they do in Australia, and hopefully it won’t be there for that long. MR. LAPPER-Here, here. MR. MAC EWAN-No, and I’ll tell you why. I don’t think that you supplied enough supporting documentation for alternate tower designs. I didn’t see enough compelling reasons to justify a 195 foot tower versus 160, and I didn’t think much of an effort was put into more alternate locations, other than where you immediately were on the 149 area. I think you could have put more of an effort into it. Okay. AYES: Mr. Ringer, Mr. Metivier, Mr. Hunsinger, Mrs. LaBombard, Mr. Vollaro NOES: Mr. Strough, Mr. MacEwan MR. MAC EWAN-You’re all approved. MR. LAPPER-Thank you. MR. NEWELL-Thank you. MR. MAC EWAN-Okay.