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TOWN OF STERLING PLANNING BOARD MEETING March 24, 2015 A special meeting of the Town of Sterling Planning Board was held on Monday March 24, 2015 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Grover Horn ~ Member Excused: Members Vernon Bishop and Susan Lemon, Clerk Lisa Somers. Also Present: Robert J. Brenner, Esq., Buster & Ann Braley, and Don Wright Chairman Ouellette called the meeting to order at 7:00 pm. PUBLIC HEARING Robert J. Brenner, Esq. from Nixon & Peabody – Special Use Permit (#16.00-1-58.117 and 19.00-1-16) Chairman Ouellette also opened the public hearing at 7:00 pm and read aloud the legal notice. The Board had requested at a previous meeting that Mr. Brenner revise the cell tower plans from 100’x100’ to 300’x300’ to meet the land use regulations. Mr. Brennen stated he would keep the presentation brief. He stated they have made modifications to the previous plans to meet with the Town of Sterling Land Use Regulations. Mr. Brennen mentioned to the Board that that the tower on the Red Creek plans (#19.00-1-16) c-100 is 1,180 feet from the house. He stated the only change was the fall zone. It now meets the 300’x300’ size. He also stated the tower and all other items are the same. Mr. Brennen stated that the Martville plans (#16.00-1-58.117) c-100 also now has a 300’x300’ fall zone. Also the set back is over 1,001 feet. Mr. Brennen asked the Board to complete the SEQR with a negative declaration. Part 1 was filled out by the applicant, Part 2 is filled out by the Board. Don Wright asked if there were any concerns with radio frequency (in regards to radiation). Mr. Brenner reported that tab J of the plans has a safety report that was completed by a third party. He stated it does meet the FCC Guidelines and is within the federal guidelines. Mr. Wright reviewed the December 18, 2014 report. Mr. Brennen read the summery on page 2. Mr. Wright asked if there was going to be a fence around the tower. Mr. Brennen showed Mr. Wright the zoning drawings of Red Creek project #20131013707. Mr. Wright asked about lighting. Mr. Brennen reported that because the tower is 145’, there will be no blinking red or white lights. He did stated there will be an LED light. The gate will have a 70’x70’ fence with a shelter. The gate will be locked. The only time the gate will be open is for routine maintenance once or twice a month. Member Allen asked about the generator. Mr. Brennen reported that the generator turns on if there is a power failure. He also reported that the generator does a test 1 time a week. The Planning Board reviewed the SEQR line by line. The Board asked a few questions and Mr. Brennen answered. Chairperson Ouellette formally closed the public hearing at 7:30 pm. ---PAGE BREAK--- On a motion by Member Horn and seconded by Member Allen. Chairperson Ouellette opened the special meeting. She stated that the Planning Board reviewed the SEQR and declared there is no negative impact on the environment for the Red Creek site. Resolution 2015-03 BE IT RESOLVED, the Planning Board for the Town of Sterling, upon the facts presented and the determination made, that the Planning Board declares the lead agency status for SEQR for this unlisted action and this Board declare a negative declaration for the revised Verizon Wireless Red Creek cell tower project for 14469 State Rt. 104 tax map number 19.00-1-16 is hereby GRANTED upon the following express conditions: NONE. A roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Horn Aye 3 Ayes, 0 Nays, and 0 Abstentions - APPROVED Resolution 2015-04 BE IT RESOLVED, the Planning Board of the Town of Sterling, upon the facts presented and the determination made, that the Planning Board approves the revised site plan and special permit for the Verizon Wireless application for 14469 State Rt. 104, tax map number 19.00-1-16 with the revised plans dated February 27, 2015 revision #3 with the 300’x300’ lease parcel area is hereby GRANTED upon the following express conditions: NONE. A roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Horn Aye 3 Ayes, 0 Nays, and 0 Abstentions - APPROVED Resolution 2015-05 BE IT RESOLVED, the Planning Board for the Town of Sterling, upon the facts presented and the determination made, that the Planning Board declares the lead agency status for SEQR for this unlisted action and this Board declare a negative declaration for the revised Verizon Wireless Martville cell tower project for 15679 State Rt. 104 tax map number 16.00-1-58.117 is hereby GRANTED upon the following express conditions: NONE. A roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Horn Aye 3 Ayes, 0 Nays, and 0 Abstentions - APPROVED Resolution 2015-06 BE IT RESOLVED, the Planning Board of the Town of Sterling, upon the facts presented and the determination made, that the Planning Board approves the revised site plan and special permit for the Verizon Wireless application for 15679 State Rt. 104, tax map number 16.00-1-58.117 with the revised plans dated February 27, 2015 revision #2 with the 300’x300’ lease parcel area is hereby GRANTED upon the express following conditions: NONE. A roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Horn Aye 3 Ayes, 0 Nays, and 0 Abstentions - APPROVED ---PAGE BREAK--- Mr. Brennen thanked the Planning Board members for all their help. ADJOURN On a motion by Member Horn and seconded by Member Allen, the meeting was adjourned at 8:04 PM. Approved minutes Respectfully submitted, Lisa Cooper, Town Clerk