MINUTES OF THE REGULAR
MEETING OF THE TOWN OF ELLICOTT ZONING BOARD OF APPEALS HELD AT THE
ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 ON MARCH 26,
2007 AT 7:00 PM.
PRESENT: Chairman
Steve Hoglin, David
Remington, John Merchant, Angelo Cimo, Attorney
William Wright, Code Enforcement Officer Randy Woodbury and Secretary
Valerie
Pierce
ABSENT: Pat
Martonis, Rick Keefer and Kathy Hedstrand
Chairman
Hoglin opened the meeting at 7:00 PM and Secretary Pierce called the roll.
Motion made by
Ang Cimo, seconded by John Merchant to approve the minutes of the February 26,
2007 meeting.
Carried. Ayes – 4 Noes – 0 Absent – 3
Chairman
Hoglin reopened the Public Hearing for the renewal of a Special Use Permit for
SBA Properties Inc., 3108 Eckman Rd., Jamestown, NY.
Attorney Wright swore in Jason Della Valle, Regional Site Manager for SBA Network Services, Inc.
Mr.Valle told the Board that SBA is requesting renewal of their Special
Use Permit and consideration from the Board to extend their renewal time period
from two years to five years. He told the Board he would be happy to answer any
questions.
Attorney Wright asked
about the removal bond that was posted at $18,000. He asked what that amount was based on. Mr. Wright stated another tower posted a bond twice that amount. Mr. Valle said the cost of removal of towers
varies depending on the type of tower.
This tower is a 150-foot lattice tower. Randy Woodbury stated the tower
is free standing and non-guyed, which would cost less to replace. Randy said
the cover letter received from Travelers Casualty did show the increase from
$10,000 to $18,000. Attorney Wright asked if they could provide the estimates
the bond was based on. Mr. Valle stated
he thought the estimated cost for the removal of this tower would be
approximately $20,000 but could provide a report.
Mr. Hoglin asked how many
co-locators they have on the tower. Mr.
Valle stated that they lease space to Verizon (Sprint) and Dobson Cellular.
Those are shown on the structural report.
There are possibilities of additional co-locators on this tower. It is
designed for three carriers and presently has two. Mr. Valle said there is a
company interested in a small Internet antenna on the tower.
Attorney Wright reviewed
section 146-72 (9) of the code with the Board members.
This tower was erected in
2002. Steve Hoglin asked if there was a
life expectancy of the tower. Mr. Valle said the new towers are all galvanized
and last a long time. A full inspection
of the tower is required to be done every five years.
Attorney Wright stated
that under 146-72 (9 B) a licensed engineer should preform a radio emissions
inspection. Mr. Valle said they had not
done that study and the demolition cost report by a licensed engineer had not
been done. Mr. Valle said they had never done a radio emissions study on a 150
foot tower but have done them on rooftops where there are antennas. Randy
Woodbury said they received a map when the tower was first built but did not
receive a statement from a licensed engineer that the map still applies. Randy stated this tower was built for 11
co-locators and they only have two on there now so they are substantially below
their capacity. Attorney Wright said
the Town needs a certification from a licensed engineer that the radio
emissions are at or below all applicable laws and regulations. Mr. Valle said he could provide that to the
Town. The Board also asked for the demolition cost report to support the amount
of the bond.
John Merchant asked if
there were any issues with the drainage.
Randy stated that there were no drainage issues with this particular
tower.
There is no lighting on
this tower. Mr. Valle said lighting is
required for towers that are above 200 feet unless the township’s local zoning
requires it. Discussion followed on the lighting and the other towers and Fire
Station. The FAA is requiring a light on the Fire Station.
Neighbors were notified
and there was no correspondence to the Town concerning the renewal of the
Special Use Permit for the tower. Randy
stated he had received no phone calls or complaints concerning this tower.
Ang Cimo asked if the renewal
would be for 2 years or longer and if the amount of the bond is enough. Attorney Wright said that is the reason for
the report from the licensed engineer. Ang asked when this permit was actually
due to be renewed. It should have been
renewed in November of 2004. Randy did
have SBA pay for the times they should have renewed. He is working on getting
the Special Use Permit renewals on a schedule.
Rick Keefer entered the
meeting at 7:25 PM.
Attorney Wright
addressed the extension of the Special
Use Permit period. While the Town does
have new legislation that gives the Board authority to extend the time period
the code specifically states the requirements for the towers are to be
preformed every two years and specifically references that copies of these
reports should be provided at each two-year renewal. It is Mr. Wright’s opinion
that they cannot waive the two-year renewal for towers. It would be up to the
Board as to whether they would require the applicant to actually appear. Randy
said he would like to see the renewal every two-years for towers because the
technology is changing so fast and he would also like to have someone
appear. Mr. Valle said he comes through
this area four times a year so he could appear. Randy would like to have a
contact for SBA. Mr. Valle said Randy could contact him at any time. Randy said it would be good to have the
renewal period start from the last inspection, which was in November 2006.
Motion made by
John Merchant, seconded by Ang Cimo to table this application for SBA
Properties, Inc. pending the receipt of the fore mentioned documents. Also that it is the Board’s intention to set
the renewal two years from the structural inspection, which was November of
2006.
The Board would not require Mr. Valle to appear at the next meeting as long as he got the required paperwork to the Town as soon as possible.
Mr. Valle asked the Board to clarify what they needed for the RF report. Attorney Wright said they needed a NYS licensed engineer certification that the radio emission levels are at or below all applicable rules and regulations in section 146-72 (9B).
Chairman Hoglin reopened the
Public Hearing for Falconer Enterprises, LLC (Harley Davidson of Jamestown) for
sign variances at 1951 East Main Street Ext., Falconer, NY.
The Town received a letter from Brian Reid requesting that their application be indefinitely suspended. They stated they would contact the Town when they were prepared to go forward. Attorney Wright said he had a problem with an indefinite suspension because the Board of Appeals works under a section of the Town Law, which gives them a period of time in which to approve or deny applications. He suggested the Board suspend it up to a certain date instead of indefinitely. Discussion followed on how long the Board should extend this request. The date of the May meeting will change because of the Memorial holiday.
Motion made by Rick Keefer,
seconded by John Merchant to postpone this application until the June 2007
meeting.
Carried. Ayes – 5 Noes – 0 Absent –2
Motion made by Ang Cimo,
seconded by Dave Carlberg to adjourn the meeting at 7:40 PM.
Carried. Ayes – 5 Noes – 0 Absent – 2
______________________________
Valerie Pierce, Secretary