CLERMONT PLANNING BOARD
SEPTEMBER 9, 2015
The Clermont Planning Board held public hearings and the regular meeting on Wednesday, September 09, 2015 at 7:30 P.M. at the Town Hall. Those in attendance on the Planning Board were Chairman Laurence Saulpaugh, Clayton Andrus, Mary Howard, Tom Jantzen, Jennifer Phillips, Nathan Hempel and Ronald Miller. Members of the ZBA present were Hank Himelright, Donald Van Wagner and John Rusconi. Peter Cichetti and Luke Kumburis were absent. Others present were George Schmitt, Town Engineer, Matthew Griesemer, Town Attorney, Nora Moran, Harold Rockefeller, Scott Olsen, Jessica Vigars and Colin Fazio representing Alfred Jantzen, Hart and Dana Perry, Robert Desmond, Todd Shanley, Anthony Arcoleo, Frank and Elsa Votava, Alfred Jantzen, Garrett O’Connor, Anthony Miserandino, Chris Nolan, Ray Tousey, Dawn Brownson, Evan Hempel, Raymond Staats and Desiree Webber.
Chairman Saulpaugh opened the meeting.
MINUTES: A motion was made by Jennifer Phillips to accept minutes of August, seconded by Thomas Jantzen. All in favor. So carried.
A motion was made to close the regular meeting and open the public hearings by Mary Howard, seconded by Clayton Andrus. All in favor. So carried.
PUBLIC HEARING: NYNEX Mobile Limited Partnership/Alfred Jantzen – 137 Pleasantvale Road – Tax Map ID#192-1-29.1 and 201-1-01.
Scott Olsen, Esquire of Young Sommer made the presentation on the application of NYNEX Mobile Limited Partnership for a 120-foot monopole facility on Pleasantvale Road. Also present were Jessica Vigars of Young, Sommer, Colin Fazio, Site acquisition specialist and surveyors of the site. The proposed site is located on property of Alfred Jantzen on more than 300 acres. The site uses a small percentage of this acreage, located about 2000 feet off the road with a 30-foot wide easement for a driveway from Pleasantvale Road. They have received a driveway permit from the town. There will be two gates with locks and it will be fenced in to protect the cattle from getting out. The access road will disturb more than one acre of land, so they provided a storm water plan to ensure no runoff. There will be a four-foot lightning rod on the monopole itself.
There is currently not good service in this area (covered in section 4).
There is a health and safety report in Section 5. They are 500 x below what the FCC allows.
The balloon test showed that this tower is only visible from a few locations.
The Columbia County Planning recommended approval of the application.
Todd Shanley asked about a regulator on the signal. Mr. Olsen said that there are regulators, which go right back to Verizon. Even with four or five carriers in an area, you are still below the maximum strength. They are in compliance with the FCC.
Anthony Arcoleo said that he has nice views from his house. He asked if they could move the tower more up the hill. Mr. Olsen said they looked at this but think he would see it more.
Chairman Hank Himelright said it was his opinion that they had moved it further away from line.
Bob Desmond lives across the street from the proposed site and is in favor of the tower. When his daughter comes over she has poor service. They have been cooperating along this process. They did put up the fence, which was requested and the fence is more than ten feet from the property line.
Chairman Hank Himelright asked for a comparison to power used in a house Mr. Olsen compared it to baby monitors or microwaves.
Mary Howard asked about the fence detail shown on C4C because it does not look like the security fence discussed last month. They show a wooden split rail fence, which was not what was discussed.
Alfred Jantzen said suggested pressure treated posts four feet high and high tension or barbwire rails four feet high for cattle. Mr. Olsen can adjust the plan. Chairman Himelright suggested going to the Cornell website for an agricultural approved fence. Our attorney thinks that the application can be conditionally approved based on an appropriate and agreeable fence with Mr. Jantzen.
Mr. and Mrs.Votava have three parcels and did not know of this before she got the letter. She asked to be shown how far the tower is from her property. It was determined to be approximately 500 from the corner of her property to the Jantzen property line. She agrees that the tower is too close to her property.
A motion was made to close the public hearing by Mary Howard, seconded by Jennifer Phillips. All in favor. So carried.
It was necessary to reopen the public hearing on a motion made by Mary Howard, seconded by Jennifer Phillips.
Chairman Saulpaugh read a letter from Dan Howard, 58 Nevis Road, Clermont citing his approval of the cell tower, citing significantly enhanced coverage and an overall improvement to the Town.
A motion was made to close the public hearing by Jennifer Phillips, seconded by Mary Howard.
A motion was made by Clayton Andrus to open the regular meeting, seconded by Mary Howard. All in favor. So carried.
The Planning Board is the lead agency for SEQRA review. Our attorney, Matthew Griesemer read Part II of the SEQRA application for the Planning Board responses.
Type I, Part 1 and Part 2 completed and signed by the Chairman.
A motion was made to declare a negative declaration by Clayton Andrus, seconded by Jennifer Phillips. All in favor. So carried.
The ZBA will not be able to vote, as John Rusconi, as a neighbor, must recuse himself.
A motion was made to approve the Verizon application with the condition that the fence by adequate to the use of the property as the applicant has met all the requirements for site plan review by Mary Howard, seconded by Jennifer Phillips. All in favor. So carried.
A motion was made to close the regular meeting and open the public hearing by Mary Howard, seconded by Tom Jantzen. All in favor.
PUBLIC HEARING: Harold Rockefeller – 441 County Route 6 – Tax Map ID#190-01-15.11. Harold Rockefeller is proposing a lot line adjustment to annex one acre from a parcel of 129 more or less acres to the property of Steven Bonner, Tax Map ID#190-01-12. This will be added to the rear of Mr. Bonner's property. No driveway permit is needed. Mr. Rockefeller submitted certified return receipts from the mailings and deed description.
Mr. Miserandino, a neighbor was present but had no comment for or against. There were no concerns voiced by the board.
A motion was made to close the public hearing by Clayton Andrus, seconded by Mary Howard. All in favor. So carried.
A motion was made to open the regular meeting by Clayton Andrus, seconded by Mary Howard. All in favor. So carried.
Chairman Saulpaugh reviewed the SEQRA form. A motion was made by Jennifer Phillips to declare a negative declaration on SEQRA, seconded by Tom Jantzen. All in favor. So carried.
Clayton Andrus made a motion to approve the boundary line change, seconded by Tom Jantzen. All in favor. So carried.
HART AND DANA PERRY: Southwood Properties, 726 Woods Road, Tax Map ID#179-1-33.
Hart and Dana Perry brought in new maps to show the barrier that was requested by the ZBA at the public hearing last month to keep any guests from falling down the embankment. They have also changed their contract to reflect this.
A motion was made by Mary Howard, seconded by Tom Jantzen to accept the application as complete by Hart and Dana Perry. All in favor. So carried.
Chairman Saulpaugh reviewed the SEQRA form. A motion was made to declare a negative declaration by Clayton Andrus, seconded Tom Jantzen. All in favor. So carried.
A motion was made to approve the amended map by Mary Howard, seconded by Tom Jantzen. All in favor. So carried.
The ZBA made a motion to approve the application of Hart and Dana Perry for the special permit. Don VanWagner made the motion, seconded by John Rusconi. All in favor. So carried.
RAYMOND TOUSEY: 1783 ROUTE 9
Mr. Tousey has applied for a special permit use to the Zoning Board of Appeals to attach a 10 foot by 20 foot shed to the west side of the Tin Barn to be used for storage.
This is an alteration to his original application to covert the Tin Barn for use to hold special venues. He is expanding a non-conforming use, as it is close to the boundary line. The Planning Board will make a recommendation to the Zoning Board in this matter.
A motion was made by Jennifer Phillips to deem the application complete, seconded by Tom Jantzen. All in favor. So carried.
A motion was made to waive the public hearing because we have held a public hearing and this is just a minor modification, not impacting comments at previous hearing by Jennifer Phillips, seconded by Tom Jantzen. All in favor. So carried.
A motion was made by Mary Howard to recommend approval to the ZBA of the special permit application contingent on SEQRA and public hearing to be held on September 23rd, seconded by Tom Jantzen. All in favor. So carried.
The Town Board is in talks with DEC to remediate the twenty-acre property on the north side of Town Hall. At the September 8th meeting, the Town Board held a public hearing to conduct an inquiry and balancing of the factors in the Matter of Monroe, 72 N.Y. 2nd 33.8 (1988) on whether the Town of Clermont is subject to zoning and land use approval by the Town Planning Board with regard to proposed improvements to be made to the Clermont Town Park. Councilman Desmond made a presentation to the Planning Board on the future of the twenty acres of land on the north side of the Town Hall. Supervisor Staats, Councilman Hempel and Councilwoman Brownson were also present. DEC has suggested that the Town put a plan for use of the field to be worked in with the remediation. At this time, the plan would include a softball field/soccer field, driveway entrance from Route 9, parking area and walking trails.
There were several people at the Town Board meeting that were not in agreement for what was proposed and members of the Planning Board are not in full agreement with what is proposed. The purpose of Councilman Desmond’s presentation was to let the Planning Board know what is proposed and to take any input that they may have on the proposal. The Town Board may be coming to the Planning Board for their comments in the future.
A motion was made to adjourn at 10:25 P.M. by Jennifer Phillips, seconded by Mary Howard. All in favor. So carried.
Respectfully submitted,
Mary Helen Shannon
Secretary