MINUTES
TOV Zoning Board of Appeals (ZBA) Special Meeting
October 3, 2024

Call to order: ZBA Chairman John Pavelock called the meeting to order at 6:27 pm with the Pledge.

Attendance:

ZBA Members: Michael Taylor, Nathan Juby, John Pavelock, and Amanda Hewitt.

Joshua O’Kay was unable to attend.

Others: Town Attorney Evan Rossi, Secretary Kathy Pavelock, Liaison Darrin Smith, applicant, and several residents. Zoning/Codes Officer Reay Walker was unable to attend.

Chairman Pavelock explained the process that will be used for the scheduled public hearing including signing the sheet. The public hearing is scheduled for 7:00 pm so the applicant could describe the additional items requested at the last meeting.

Minutes Approval:

Amanda Hewitt made a motion to approve the minutes as distributed for the September 9, 2024 ZBA Special Meeting. Seconded by Mike Taylor. No discussion. Poll Vote: Josh O’Kay – Absent, Amanda Hewitt – Aye, John Pavelock – Aye, Mike Taylor - Aye, Nate Juby - Aye. Motion Carried.

Correspondence: Secretary Pavelock summarized the correspondence since the last ZBA meeting:

• Submitted the legal notice for this meeting to the newspaper.

• Received and distributed additional information related to application Var2024-02.

  Unfinished Business:

  VAR2024-02 Verizon Wireless (Scott Olson/James LaValle); 2083 NYS Route 49; Owner: Town of Vienna; 217.017-1-1; Zone Hamlet Center (HC); Requesting a Use Variance (unallowed use in Zone HC) and an Area Variance (cell towers require a setback of 1-1/2 times the height of the tower).

  James LaValle provided an overview of the updated materials submitted to the ZBA including:

  • Updated site plan (AD-1) showing an overlay of the fall zone and ice fall zone. The tower has a hinge at 80’.

  • Provided additional information on the generator including a “noise” letter and a document explaining the 200-gallon fuel tank.

    The ZBA tasked questions for clarifications including:

  • There will be room for 3 additional carriers. The grounding grid will handle the additional carriers.

  • The State Environmental Quality Requirement (SEQR) is required. The applicant submitted Full Environmental Assessment Form part 1. The board is required to complete parts 2 and 3. Attorney Rossi explained the need for SEQR for the use and area variances.

  • Towers must comply with all FCC requirements. Tab 3 in the original submission shows that this tower will be under 5% of the standard requirements.

  • The applicant will investigate and meet with Oneida County 911 to determine who will install the equipment for 911.

  • Attorney Rossi explained the 150-day shot clock set forth in 47 CFR section 1.6003(c)(1)(iv). The clock starts upon the applicant submitting a complete application. At the last meeting, the ZBA declared the application “essentially complete” with additional items requested for this meeting. The clock will not be started until the ZBA declares a complete application.

Amanda Hewitt made a motion to declare the application Var2024-02 complete. Seconded by Nate Juby. No discussion. Poll Vote: Josh O’Kay – Absent, Amanda Hewitt – Aye,

John Pavelock – Aye, Mike Taylor - Aye, Nate Juby - Aye. Motion Carried. The 150-day shot clock has begun as of October 3, 2024. 150 days is March 2, 2025.

TOV ZBA Meeting Minutes – October 3, 2024 1

Public Hearings:

7:00 pm VAR2024-02 Verizon Wireless (Scott Olson/James LaValle); 2083 NYS Route 49; Owner: Town of Vienna; 217.017-1-1; Zone Hamlet Center (HC); Requesting a Use Variance (unallowed use in Zone HC) and an Area Variance (cell towers require a setback of 1-1/2 times the height of the tower).

Chairman Pavelock asked if there was anyone else that wanted to speak and to please be sure to sign the speak list. Each speaker will be given 10 minutes each to speak.

John Pavelock made a motion to open the public hearing for Var2024-02. Seconded by Amanda Hewitt. No discussion. Poll Vote: Josh O’Kay – Absent, Amanda Hewitt – Aye,

John Pavelock – Aye, Mike Taylor - Aye, Nate Juby - Aye. Motion Carried At 7:01 pm.

Letter dated September 18, 2024 from Fred Lampman, Deputy Director for Oneida County Emergency Services. The letter emphasizes the critical importance of this project for improved public safety (for residents and first responders) and a significant coverage area increase.

Briana Hand agrees with the letter from Mr. Lampman. She is concerned with the noise from the generator. The ZBA explained that 65 decibels is normal (not overly loud).

Mike Piper will hold his comments for the special use permit and mentioned that decommissioning is important.

Dean Maracchion is in favor of the tower and also agrees with the letter from Mr. Lampman. He knows firsthand of the communication lapse in the proposed coverage area.

Rick Manfield is in favor of the tower. He would like to understand the decommissioning plans. Attorney Rossi explained the process (Surety Bond) being put in place for the Elpis Road Cell Tower currently before the Planning Board for a special use permit.

Amanda Hewitt made a motion to close the public hearing for Var2024-02. Seconded by Nate Juby. No discussion. Poll Vote: Josh O’Kay – Absent, Amanda Hewitt – Aye,

John Pavelock – Aye, Mike Taylor - Aye, Nate Juby - Aye. Motion Carried At 7:15 pm

Before continuing with discussions on Var2024-02, Chairman Pavelock requested the board look at the new business.

New Business:

New application received on 9/16/2024:

VAR2024-03 Richard Mansfield, Interpretation. SUP2010-01 Airstrip on 4 parcels at 330 Moore Drive. “To bring into question the authority of the C.E.O to reinstate a revoked S.U.P. beyond the legal time-frame & by-pass the authority of the Z.B.A.”

Chairman Pavelock suggested to the board that we schedule the review of this new application at the next meeting. The board agreed this would be best to review the materials submitted with the application. John Pavelock made a motion to schedule a special ZBA meeting for October 16, 2024 beginning at 6:30 pm to review VAR2024-03 and to conduct any other business currently before the board. Seconded by Mike Taylor. No discussion. Poll Vote: Josh O’Kay – Absent, Amanda Hewitt – Aye, John Pavelock – Aye, Mike Taylor - Aye,

Nate Juby - Aye. Motion Carried

TOV ZBA Meeting Minutes – October 3, 2024 2

Unfinished Business:

VAR2024-02 Verizon Wireless (Scott Olson/James LaValle); 2083 NYS Route 49; Owner: Town of Vienna; 217.017-1-1; Zone Hamlet Center (HC); Requesting a Use Variance (unallowed use in Zone HC) and an Area Variance (cell towers require a setback of 1-1/2 times the height of the tower).

The board resumed discussions on this application. The ZBA reviewed the submitted Full Environmental Assessment Form (FEAF) part 1. They completed FEAF part 2 and 3. John Pavelock made a motion, “after completing FEAF part 2, the ZBA declares no significant adverse impacts on the environment and accordingly issue a negative declaration for Var2024-02. Seconded by Amanda Hewitt. This is an unlisted action and is coordinated according to 239m. ZBA is lead agency for the area and use variances. The planning board will act on special use permits. Poll Vote:

Josh O’Kay – Absent, Amanda Hewitt – Aye, John Pavelock – Aye, Mike Taylor - Aye, Nate Juby - Aye. Motion Carried.

Amanda Hewitt motioned to adjourn. Seconded by Nate Juby. Motion Carried at 8:08 pm.

Minutes Prepared by: Kathy M. Pavelock /s/ ZBA Secretary

TOV ZBA Meeting Minutes – October 3, 2024 3