MINUTES
OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE
ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 ON AUGUST 8,
2001 at 7:00 P.M.
PRESENT:
Chairman Dan Evans, Gary Swanson, Ron Calanni, David Carlberg,
and Code Enforcement Officer Randy Woodbury
ABSENT:
Becky Goodell, Bob Pickett, Pat McLaughlin and Attorney William Wright.
Chairman Evans called the meeting
to order at 7:00 P.M.
Motion made by Ron Calanni, seconded by Dave
Carlberg to accept the minutes of the June 13, 2001 meeting.
Carried.
Ayes-4 Noes-0 Absent-3
Cathy J. Bardenstein, Esquire, attorney for SBA
Properties, Inc. presented a site plan for a 150-foot telecommunications tower
on property owned by Ronald L. McKillip at 3108 Eckman Rd., Jamestown, NY. They
had received approval from the Zoning Board of Appeals on July 23, 2001 for
their special use permit.
Discussion
followed on:
1)
Stability of the tower – Ms.
Bardenstein briefed the Board members on the stability of the tower and that it
would withstand 70 mph winds – she said if the tower failed it would bend but
not fall down because of the structure of the tower.
2)
Fence and access road – Ms. Bardenstein
stated they would have chain link fence with barbered wire and there were no
plans for a gate on the access road.
3)
Soil testing – The testing would
be done after approval and Mr. Woodbury stated he would be checking that before
issuing the building permit.
4)
Difference between the PCS and
cellular carriers – Ms. Bardenstein explained that they use different
frequencies.
5)
Approval for each co-locator –
The ZBA had stipulated that they must notify the code enforcement officer of
each additional co-locator and Mr. Woodbury said that the Planning Board could
decide if they needed to come for site plan review.
6)
Need for more towers – the new
cellular phones are smaller and have less range.
7)
Southern Tier topography – makes
the placement of the towers more difficult.
8)
Need for more antennas or
cabinets
9)
Lease agreement – copy of lease
is provided in the application packet.
10)
Set backs – Town code does not
address towers and so has no set back requirements.
11)
Airport position – the airport
does not want any towers within 10 miles of the airport.
12)
Pilots position – the pilots
would like to have a red light on the towers – not strobe lights.
13)
SBA’s policy toward competition –
they want as many co-locators on the tower as possible without interference.
PLANNING BOARD
AUGUST 8, 2001
PAGE TWO
14)
Access for code enforcement
officer – Ms. Bardenstein stated Mr. Woodbury could contact them at any time
for access
15)
Lights – consensus was there should be one red light and no strobe
light on the tower
16)
Insurance policy- Mr. Woodbury
asked if the Town should be named as an insured in the insurance policy – the
Board members thought that would be an issue for Attorney Wright.
Todd Boardman, 2464 Horton Rd., Jamestown, NY, stated his concerns with this tower. His daughter
has severe health problems and they feel this tower might have harmful effects
on her. They cannot prove that would be the case but Mr. Boardman stated they
also cannot prove it would not be harmful.
Two of his brothers also have cancer and his parents have towers on
their property. He said the Town has no policy concerning towers and felt they
should have one in place before allowing more towers in a residential
area.
Chairman
Evans stated that these issues should have been brought before the Zoning Board
of Appeals because they have already approved the special use permit and that
this Boards’ job was to address the site plan.
Gary
Swanson asked how Mr. Boardman thought the tower would specifically affect his
daughter and Mr. Boardman stated he was
not a medical expert but nothing has been proven either way.
Ms.
Bardenstein stated that calculations for the towers at 150 feet show the
emissions right under the tower were 1.146% and even less as you move away from
the tower.
Mr.
Woodbury stated that the burden has been taken away from the Town because the
FCC legal council says these issues cannot be addressed. Mr. Woodbury and Ms.
Bardenstein found in the code a section that stated this.
Chairman
Evans read into record part IV of U S Code 47 Section 332 that states “ no
State or local government or instrumentality thereof may regulate the
placement, construction, and modification of personal wireless service
facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the Commission’s
regulations concerning such emissions”.
Charles Hodges, 2559 Horton Rd., Jamestown, NY, stated he was at this meeting as a private resident
and not representing the airport. The
airport position had already been stated.
He asked if this project was too far along to have the Town put a
six-month moratorium on towers until they come up with a policy.
Chairman
Evans told Mr. Hodges that his request should have been made before the ZBA had
approved the special use permit and that the request would have to be made to
the Town Board. The Planning Board was only addressing the site plan.
PLANNING BOARD
AUGUST 8, 2001
PAGE THREE
Chairman
Evans said that because the Board members normally have Attorney Wright present
at their meetings and since there have been issues brought up that may require
legal advise the Board members would like to table this application until the
September meeting.
Ms.
Bardenstein objected to this application being tabled because the issues that
were being brought up are specifically for the Zoning Board and they have
already obtained their special use permit.
She said if any action were taken now to jeopardize their approval legal
action would be taken and asked the Board at the very least to schedule their
meeting early in the month.
Chairman
Evans stated their regular meeting would be on September 12, 2001.
Mr.
Woodbury stated for the record that is has been a constant practice for the
Planning Board to have their Attorney at meetings to direct the Board on any
possible legal issues.
Motion made by Ron Calanni, seconded by Dave
Carlberg to table this application for SBA Properties, Inc. until the September
12, 2001 meeting.
Carried. Ayes-4 Noes-0
Absent-3
Ms.
Bardenstein asked if the Board to go though the site plan checklist to make
sure that the applicant would have everything needed for the September
meeting.
The
Board members agreed that would be helpful for the site plan review. They
continued with the site plan checklist and noted:
1)
there will be an access gate to
the facility off the road so that a tractor-trailer can enter that was agreed
upon by the owner
2)
the driveway will have a 12”
sluice pipe
3)
there will be no water or sewer
service
4)
the only sign will be a fence
sign that is required to show the owner and contact person
5)
no landscaping – they will clear
only the 70’ x 70’ area for the tower – existing vegetation and trees are
existing
6)
the projected project schedule is
4 to 8 weeks from approval date
7)
project cost is approximately
$250,000
8)
they will need approval from the
FCC and FAA - there was a copy of the
lease agreement in the application packet
9)
there will be a red light on the
tower and no strobe lights
10)
Attorney Wright will be contacted
about the insurance issue
11)
applicant will provide the code
enforcement officer access to the property
This
site plan review will be continued on September 12, 2001.
PLANNING BOARD
AUGUST 8, 2001
PAGE FOUR
Mr. Woodbury requested the Board review some changes
for the State Police Barracks on North Main Street Ext., Jamestown, NY. The
State Police want to add an outdoor storage shed (8’ x 12’). Mr. Woodbury said that he brought it before
the Planning Board to see if they thought he could issue a building permit or
if they needed to come before the Board for a revision to the site plan. The Board felt if there was no legal issues
he could issue the permit without site plan review. Mr. Woodbury will check with Attorney Wright.
Mr. Woodbury had a similar request from the Kwik
Fill station on Fairmount Ave., W.E., Jamestown, NY. The Board
again were in agreement that if there were no legal issues he could issue the
building permit. Mr. Woodbury will
contact Attorney Wright.
Todd Boardman, representing Bethel Baptist Church, requested a sketch plan conference to review the
addition of a playground to the site.
He told the Board members that the Church had contacted a company that
will design the playground for them.
They might consider doing the work in three phases because of the
cost. He wanted to check with the Town
on the procedure because they are trying to be good neighbors.
Gary
Swanson asked if the ditch was being maintained and Mr. Woodbury stated that he
had been up there and with all the work the ditch is almost maintenance free.
Mr.
Woodbury said that with the approval of the Board he would contact Attorney
Wright and issue the permit if there are no legal issues. He told Mr. Boardman he would check into
whether they would need a building permit for the playground.
Motion made by Gary Swanson, seconded by Dave
Carlberg to adjourn the meeting at 8:55 P.M.
Carried Ayes-4 Noes-0 Absent-3
_________________________________________________
Valerie
Pierce, Secretary