Planning Board - Regular Meeting

two years ago. Okay.

All right. So, we are going to get started. Um, welcome to the time planning board for Thursday, November 20th. The agenda for tonight's meeting is approval of the October 2nd, 16th, and November 6th meeting events. Uh on the agenda also today is the case special use permit public hearing, the sireine communications uh special use permit um first meeting and then our motion to adjourn the meeting. Um so I will now accept a motion to approve the meeting minutes from October 2nd. Motion by Carol.

Second by Brad. All in favor? I opposed. None. And I believe Dartha and Laura, you will abain right from October second. All right. I will now um accept a motion October 16th meeting minutes. Make a motion. Motion by Carol. Second. All in favor? And then

uh Dominic and Laura. And last but not least, I will accept a motion to approve the November 6th meeting minutes. Motion. Motion by Brad. Second. Second by Laura. All in favor? I Carol and Carol. Um All right. Those are approved. Oh.

All right. Next is the um case special use permit for a um automotive repair shop. So before we get started on the public hearing, I just want to confirm that all the mailers were sent correct for [clears throat]

that we have those. All right. Um before we get started, Ronald, would you mind providing um the some members of the board were not here and also the audience just a very brief overview of uh your intent of the project?

Yeah. So, basically, I'm just looking to put up a small automotive shop just for myself, basically to work from home, do my own thing, and that's pretty much it. just be two bays on my father's property. It's an old gravel bank that is already was pretty much clearcut and [snorts] Laura um these are the documents for that. Um, we talked about signage at prior meetings as well as uh Ronald's provided this business overview

which was talked about with business plan um the intent is that there's not going to be a public restroom correct for the public. So it's really just used for automotive. There's possibly in the future if I build an office but that wouldn't be the plan right this moment. And just for the um public record, this is at 99 County Route 351 in

[snorts] [clears throat] Do you have any questions or set?

All right. Um, thank you. So, before we start public hearing, just a few rules. There is a [clears throat] five minute time limit if anybody would wish to speak during the public hearing. Um there's a one minute warning at the four-m minute mark when speaking. Please state your name and address for the record and only speak during your turn. Um no group discussions and address comments to the board and not the applicant. Um, and for now I will accept a motion um to open the public hearing at 7:05 p.m. Motion by Dartha.

Second. Second by Dominic. All in favor? Opposed? None. Um, so we are ready for open comment if anybody has any comments. Um, so do I just address you all from here? Yeah, just state your name.

Okay. My name is Thomas Martin. Uh, I'm actually the case's closest neighbor. Um, the proposed structure, which is already well under its way. You've been working on it for a couple of months now between their home and my There is a a wetland that mark of my property. Uh there's a 100 yard 100 foot offset. Uh no construction, no modification requirement. I believe you guys are just right outside of that. Um that makes this structure very close to my home. Okay. Uh now I have a couple of things that I would like to read uh to you guys. Uh first of all, um Ron's family and I was actually an impression it was your father. Sorry. Um Ron's family and mine have always been friendly. Never had any problems with the cases. Uh but I do have some concerns. Um I didn't even know that this was even a proposition until I got a registered letter. Okay. Uh which took me off guard because Ron and I, your father, have always been on good basis. uh if I had proposals, I would go talk to him. If he had a proposal, I think he would come talk to me. So, I'm I'm quite caught off guard that construction has gone on for so long. You guys have a whole business plan and everything, and I'm just now finding out about this when it is literally 200 yards from my house. Okay. Um I don't know what the business hours are expected to be, uh the days of the week. I'm not sure what the expected customer base is going to be. Is it a boutique mod shop? Is it a general repair shop? Oil changes, service, diesel, gas? Uh, I don't know what conditions or restrictions are going to be imposed for

the special use permit. Uh, due to the nature of the valley between our two homes, I'm assuming you're living with your father. Um, between the two homes, um, I hear everything going on over there. good noises like kids playing in the backyard, dogs barking, whatever. We live in an agricultural community, no problems with that. But what that is also going to include is that what goes on at that shop is going to be even closer and even louder, okay, at my home. So, my concern is noise, engines revving, air tools, customer traffic. [snorts] Uh, you know, and I'm curious what would be done to limit that. Okay. Um, will this business be allowed to keep disabled vehicles on the property for salvage, scrap, or storage? Uh, we're [clears throat] part of a watershed. Uh, and we're all on wellwater. Uh I'm concerned about the quality of the water after this. You know, the the structure is within that 100 ft standoff. Okay. And uh you know, I'd like to know what assurance products or other chemicals are going to get into the water. Um there's a big difference between servicing your personal vehicle in that area and servicing a you know providing a commercial service for multiple vehicles. Um, again, I have no problems with the cases and their pursuit of happiness and prosperity is is their right and I don't want to interfere with that, but I also don't want their pursuit to impede or impinge upon my freedoms. Okay? So, in my opinion, this is a dangerous precedence. This special use permit is a request to

put an automotive services-based business in an a zone. I moved here for the peace and room that comes with living in an agricultural community. No one here wants to live next to a services shop. I don't think anyone here would want it to be right next door. Okay. So, I want some reassurances that my concerns are going to be addressed. [clears throat]

I believe that this will have a negative impact not only on my piece and prop property value, but the special use permit does not really pass the test of history or tradition and should not be granted. Sorry.

Thank you. Um and just one thing from the public hearings, we don't um respond to public comments, but we will provide from the last meeting a little bit of information. I think we had about what process we went through and some information from the business plan. Um are there any other public comments? Okay. Um as part of this review process, we did ask the applicant to mail out certified mailers um notifying the neighbors. And we also posted this in various um newspapers to inform the public of this public hearing. Um and we did not receive any comments in writing. Um so we can skip that part. Um this was also referred over to the Albany County Planning Board uh foration on this. Um and um we have not heard back on their public comments in a prior meeting that that that was a risk.

Okay. Um so we won't be able to take action on approval and denial tonight because we do need that as part of our process. We need this comprehensive review. Um but we will be able to, you know, do the public hearing tonight and then at our next meeting we can make a determination on your application. Um, I'll ask the board if you have any questions for the applicant [snorts] in terms of what were the hours? Yes. So, can I share that during the public hearing?

Yeah, that's fine. And that document [snorts] is in theory publicly available as part of the project file. So, I didn't catch your name, but that the copy of the business plan would be available to you and that should answer a lot of your question. I I'd appreciate some instruction on how to obtain that if you guys couldn't actually give me a hard copy now. I mean, I don't see a reason why you couldn't give me a hard copy. I am the adjoining neighbor and I have heard nothing about it. How do we give them a hard copy? Just we could just make a copy if you don't mind waiting. I don't I don't mind at all. No.

Okay. Um so for all special use permits, they first go to our town code enforcer. Um and these [clears throat] are evaluated if they are permitted uses in the zoning area and this is a permitted use within in the zoning area which is agricultural rural residential where the property resides. So it came over to the planning board for a special use permit um evaluation and they're seeking approval of this. As part of our process, we go through the special use permit application, find out a bunch of um information um and review it against the state environmental quality review form, the seeker. And what that essentially does is it evaluates the impact um that this proposed change will have and if it's acceptable or if it will cause significant impact. Um and we do that with information on the property uh location, zoning and information provided by the applicant in the business plan. Um so in terms of the business plan uh the proposed application is to open a automotive repair facility. Um it'll be operated by the applicant with no other full-time employees. The main to repair and service all vehicles within it includes cars to light trucks. Primary hours of operation will be 8:00 a.m. to 5:00 p.m. Monday through Friday, but can be dependent on emergency repairs being requested, which will be offered as needed, 6:00 a.m. to 9:00 p.m. 7 days a week. from an environmental standpoint, they will maintain compliance with operating as a

licensed motor vehicle repair facility um and the strict environmental policies and procedures set forth by the EPA and New York State DMV [cough] which includes containment and spill control and back refrigeration licensing and hazardous material handling. Following these resol regulations is required and inspected by New York State and will ensure no adverse pollution effects on the environment. Uh the building will be located 200 ft off the main road and over 500 ft from the closest residence. There is an existing tree line that will remain in place to act as a natural visual barrier. The structure will be furnished with vinyl siding shingle roof to better blend in with the primary residential community. The driveway is wide and flat to ensure emergency vehicles have clear and easy access. In terms of lighting, signs and parking, one side will be placed at the roadside with an overall height of less than 6 ft. The driving parking area will not be lit to avoid unwanted light pollution. The building will have dim lit lighting that is motion activated to provide enough light for safe access only when a person is present. The established parking area will accommodate 23 spaces at the standard 9 foot width per space. Um, and the business will eventually offer a towing service, but will not operate as a salvage. Commercial dismantling scrap storage will not take place at the facility. Hazardous materials including waste oil tires will be on regular schedule for pickup and disposal to avoid excessive fuel up. And um that's all part of the business plan as well as the environmental [clears throat] uh compliance pollution prevention and self assessment guide for vehicle maintenance shops.

And that's um the complete file as well as our [clears throat] um environmental impact assessment form. So, at this time, if there are no further public comments, um, I will accept a motion to close the case special use permit public hearing at 7:17 p.m. Motion by Carol, second.

Second by Laura. All in favor? Oppose? None. Um, so as I said, we cannot take action at the next meeting on December 4th. We will be ablection barring that we you have the meeting. Um, I will be absent, but we're going to talk about logistics after. If that meeting is not on December 4th, it will be the following one, which I believe is on the 18th. um and we will be able to take action then because we do need all the county planning boards review of the application and their comments um and recommendations. Um so at this point in time that's all that we have tonight for this meeting. Um I'll ask the board and Andrew if there's anything else that we need to consider.

No, as you stated the board needs the Albany County review prior to it be [clears throat] able to take any action. And I think just for the board's benefit, I'll point out that in considering and acting on special use permits, the board has to take into consideration the character of the proposed use and make sure it's compatible with the surrounding neighborhood. And if the board were to identify any potential impacts on the health, safety, or welfare of residents or the neighborhood at large, it may impose reasonable conditions to mitigate those identified impacts. Just something to keep in mind. And sorry, one more thing. With these special use permits, they are conditioned upon compliance with the we'll get to you. Sorry. They are conditioned on compliance with the business plan that would be incorporated into the resolution. And as the board knows, if special use permits fall out of compliance with the I5 plan, if a complaint or Yeah. If the complaint is submitted to the building department that is investigated and the potential use permit stands to be withdrawn if there is a violation. So that is the enforcement side of things to ensure continual compliance and as the board might remember they can be conditioned for a certain period of time where the applicant would re would have to reaffirm his compliance with the conditions contained within at a standard intervals 12 to 24 months. Just some points for consideration and I know you had a question back.

Yeah. Well, um, who would I talk to about some concerns even with what you had just said? I mean, obviously I couldn't really ask you guys because I mean, all you're doing is just reading the notes, right? And you're waiting on somebody else to tell you whether or not those things are acceptable. Um, me personally, I think 23 parking spots, that's a lot of parking spots for [cough] a small shop. Um, who do I talk to about those if you guys can't necessarily concerns?

I I can't advise you on how to go about it, but if you have additional concerns, I think it would be best before the board if you submit it to them maybe in a written format. Obviously, the board's not taking any action on it tonight, right? You know the public hearing is closed but board can still consider material submitted to it and your submission would become part of project file. Understood. And the board does consider everything received by it. Anything submitted by the applicant or the public any evidence at the site or compliance with the special use permit standards. And the board does determine whether the application is meeting the standards. Yeah.

But it is a required referral to Al County based on its location and the referral comes to planning board from code enforcement, right? To ensure that um it's the pre-screening essentially to ensure that is an acceptable use. Um, if you don't mind waiting through our next one, we can make a copy of this. [snorts] Yes, thank you. And I'll just check with Nikki to see if there's any other information that we um need [clears throat] from you for that copy.

All right. Um, so the next item on the agenda is the center line communication special permit for 780 on road. Um um could you just share with us a overview of your proposed um project?

The scope of work is very simple. AT&T is proposing to install three new antennas on the existing tower at [clears throat] the same antenna center line where they currently have antennas and radios and equipment installed. um the installation won't increase the height of the tower and there's nothing going on on the ground space that would um impact the dimensions of the police area. That's it [clears throat] for federal. Yes. Under section 6409. Yes.

Correct. So this board might remember this [cough] limited discretion in these. I think the law states I'm wrong that if it is an if it's determined to be an eligible facilities request, it shall be approved by this board. So that's that's essentially it in a nutshell. Yep. That sums it up. [laughter] And it's just a modification for [clears throat] existing.

Yes. Yep. And I mean part 649, you can't increase the height of the tower by more than one antenna array, I think, or 20 feet, whichever is less. And then as far as the dimensions, you can expand the fence compound by like I think it's more than 30 feet in any given direction. And they're not doing anything on the ground. And these antennas on the same um antenna mount that's already up on the tower. So they're just going to add three to the to their array. All [snorts]

right. So, this is located at 780 Pon Hill Road. Um, so it looks like we do require just the application fee. We did receive the site visit consent form, the special needs permit application and the seeker part one and part two. So, thank you for that. Um, so the site the application fee is 750. Okay. Um, so that is the only part that's outstanding, but that can be um squared up at the next meeting if that if that is okay with you.

Yeah. I mean, do you take credit card payments and pay [laughter] phone? I don't know. I would have brought my card tonight if I had known. I'm not pay personally paying for it, but business cards. [laughter] I'm not sure. I'll have to ask. Okay. If not, I can request a check as long as there's a like a fee schedule or something that I can pull from your website. I have to have backup documentation to submit a check request. Yeah, we can um speak with the town on that one. Okay. You should be able to. So, the next meeting, what's that for? just so well depending on how far we get tonight um that will kind of dictate what it is but um it could be a public hearing if all goes well.

So our our code this code does require the board to since it's a special use permit y while keeping overseeing federal law on this. Yep. And it's the equivalent time frame. Yeah. And and you know, AT&T, Verizon, all of them know that you know, you don't want to try to override the municipalities, you know, what your general code dictates, [snorts] but still within the parameters of this, right? Um, so prior to reviewing the application, are there any questions based on the proposed documentation provided?

No. All right. So, as I said, um this is for 780 Pontto Road. This is identified in zoning district RC3. Um bordering roads are Pontill Road and Tower Road. Um [snorts] the property does not fall within 500 ft of municipal downree, county highway, state highway, or county or state park recreation area. Uh the property features include an existing 260 ft self-support tower with existing equipment compound. Um there is an access ement to the site and the existing tower and the purpose of the project is for commercial and as the applicant stated it's to install three new antennas on the existing mount of the existing tower. Um [clears throat] so with that being said we will move on to the seeker form part one. Does the proposed action only involve local law ordinance administrative rule? No. Does the proposed action approval or funding from any other government agency? They select yes. Just the town of Branson Planning Board was identified. Um, that okay to say or to

Yeah, that's okay.

The total acreage of the proposed action is less than uh 0 one acres that will be disturbed. The land uses that occur on the proposed action are forest and agricultural. Is [clears throat] the pro proposed action a permitted use under zoning? Yes. Consistent with the adopted comprehensive plan? Yes. Is the proposed action consistent with predominant character of the existing built or natural landscape? Yes. Is the site of the proposed action located in or does it adjoin to the state listed critical environmental area? No. Will the proposed action result in a substantial increase in traffic above present levels? No. Are the public transportation services available at or near the site of the proposed action? No. Are there any pedestrian accommodation routes available at or near the site of the proposed action? No. Does the proposed action meet or exceed the state energy code requirements? Yes. Will the proposed action connect to an existing public or private water supply? No. Will the proposed action connect to an existing wastewater utility? No. Does the project site contain or is it substantially contiguous to the building, archaeological site or district which is listed on the national or state historic list of places determined by the commissioner of New York State Parks Recreation and Historic Preservation? No. Is the project site or any portion of it located in or adjacent to an area designated as sensitive for archaeological sites? No. Does any part of the proposed action or lands adjoining the proposed action contain wetlands or other water bodies regulated by federal, state or [snorts] local agencies? No. Would the enter or

encroach into any existing wetland or water body? The typical habitats proposed action are forest and agricultural grasslands. Does the site the proposed action contain any species of animal or associated habitats listed on the state or federal government as threatened or endangered? No. Is the project [snorts] located in the 100year flood plan? No. Will the proposed action create storm water discharge either from point or non-point sources? No. Does the proposed action include construction or other activities that would result in the empowerment of water or other liquids? No. Has the site of the proposed action or adjoining property been the location of an active or closed solid waste management facility? No. Has the site the proposed action or an adjoining been the subject of remediation for hazardous waste? No.

I have a question about number nine. It doesn't seem like it should be answered. Yes, because it says does it meet or exceed and then the comment says it will not exceed. You only have to make a comment. So these need to it needs to meet. [snorts] So that's normally what we're looking for. Does it meet or exceed? So take it that means it will meet. It will meet. It won't exceed. Okay. It will get it. Any other questions on CER department one?

Okay, I will now accept a motion that the action be classified as unlisted action. Make a motion. Motion by Brad. Second, second by Darth. All in favor? I oppose. None. Motion carried. All right. I will also accept a motion that the town of Brunswer will planning board be designated as lead agency. Motion by Dominic. Second. Uh second by Carol. All in favor? I oppose.

None. Motion carried. Okay. So next we have part two of the short environmental assessment form. Um I will assume no or small impact for these. Um if we feel otherwise please interrupt me alone with them. Will the proposed action create a material conflict with the adopted land use plan or zoning regulations? Will the proposed action result in a change in the use or intensity of land? Will the proposed action impair the character or quality of the existing community? Will the proposed action have an impact on the environmental characteristics that cause the establishment of the critical environmental area? Will the proposed action results in adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? Will the proposed action impact existing a public or private water supplies? B public or private water treatment utilities? Will the proposed action impair the character or quality of important historic, archaeological or architectural or aesthetic resources? Will the proposed action result in adverse change in natural resources such as wetlands, water bodies, groundwater, air quality, flora and fauna increase in the potential for erosion flow? Will the proposed action create a hazard?

Any questions on part two of the form? No. So that was guided by the concept of how the response has been recent considering the scale and context of the proposed action. Um, I will now accept a motion that for the reasons stated in the notice of determination of significance that a negative declaration be made. Motion by Laura. Second. Second by Brad. All in favor? Opposed?

Okay. So, um, that concludes our review of this. Our next step is to schedule um a public hearing for the centerline communication special needs permit. Um so Claire, do you know like in terms I think it would have to be the 18th we would not make it. That's what I was concerned about like the house. Okay.

Determination on that. Would December 18th work for Yeah. Martha won't be here, but [laughter] [cough] she wants to bring her new baby. I mean, [clears throat] it's open to the public. Um so for that process we would give you the list of letters that okay um and the notice that needs to be sent to them. Okay that's informative the public hearing um so Vicki and Claire can provide you with that list of voters and then um prior to that meeting or at that meeting we need the list the certified mailers

um just know [laughter] this before. All right. So, I will now accept a motion to schedule a public hearing for centerline communication specialist permit at 780 road for 700 p.m. on December 18th. Motion. Motion by Dominic. Second. Second by Carol. All in favor?

Oppos? None. Motion carried. Um, yes. So for this application too, we don't have to refer it to Albony County because you are not um adjacent to a county road. Um so we should be able to wrap up that meeting at this application at that meeting. So it's either you or your colleague. It'll be me. I don't see [clears throat] her coming back. Not right away. [snorts]

No protecting me. Um being said, I will now accept a motion to adjourn the meeting. Motion by Brad, second by Darth. All in favor? I opposed. Motion carried. Are you involved in the tower that's on 145? Is that what AT&T's at? The antenna is up, but it's not turned on. And I didn't um I mean I I AT&T's news. I don't think It's probably Verizon. Possibly T-Mobile, but Verizon's all over the place.

I mean, the internet is less than three weeks. Like one day I was driving I'm like you know I've got