9-9-24-zba-minutes

MINUTES
TOV Zoning Board of Appeals (ZBA) Special Meeting
September 9, 2024

Call to order: ZBA Chairman John Pavelock called the meeting to order at 6:29 pm with the Pledge of Allegiance.

Attendance:

ZBA Members: Michael Taylor, Nathan Juby, John Pavelock, and Joshua O’Kay.

Amanda Hewitt, was unable to attend.

Others: Secretary Kathy Pavelock, Liaison Mike Davis/Darrin Smith, applicant, and several residents.

Zoning/Codes Officer Reay Walker was unable to attend.

Minutes Approval:

Mike Taylor made a motion to approve the minutes for the August 19, 2024 ZBA Special Meeting with clarifications and typographical corrections. Seconded by Nate Juby. No discussion. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Absent, John Pavelock – Aye, Mike Taylor - Aye, Nate Juby - Aye. Motion Carried.

Correspondence:

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

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

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

    Public Hearings: None 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 (not planning to meet setback of 1-1/2 times the height of the tower).

    James LaValle representing the applicant and Dan Weinheimer representing site acquisition were in attendance to answer additional questions from the board. Highlights of the questions and responses are as follows:

    • Status of lease agreement. The lease agreement with the owner (Town of Vienna) is fully executed contingent on being granted the variances

    • Fall Zone overlay on SB-1 does not show the Town Hall. The applicant will overlay the fall zone on AD-1.

    • The new document titled, “Towers and antennas” reads more like a legend and does not provide location information. The board would like to know the location of these towers.

    • Why is there not coverage for 1 ½ miles. Response was that towers work off of “line of sight” and there may be foliage and depends on the height of the tower and trees.

    • Looking at tab 6 “coverage map” and the new map provided, there is a difference in coverage area. Mr. LaValle explained that two different scales were used for the two documents. There is no change in the coverage area.

    • The board is having a difficult time understanding the compelling reasons based on the Rosenberg Case. Mr. LaValle explained that the letter provided with the application has the criteria listed with the main compelling reason being safety by filling the gaps. He also stated this particular site is less obtrusive than other areas.

    • Concern for ice fall in the fall zone. Mr. LaValle explained that the 75’x75’ fenced area has been deemed adequate to handle any ice falling from the structure. The board would like this in writing.


      TOV ZBA Meeting Minutes – September 9, 2024 1

    • Describe the backup power supply. 50w Diesel generator. Tested weekly. Mr. LaValle will provide the tank size and noise study. This will be something that the Planning Board would be interested in for the Special Use Permit. Assuming that the variances are granted, then this project will need to apply for a Special Use Permit like the Elpis Road Tower.

    • The tower should be useful for first responders. For further usefulness, counties hook up their equipment on the tower. Mr. LaValle will investigate the logistics of how county equipment is added. County EMS are usually located lower on the tower than the main equipment. The tower is usually constructed within 2-3 months after approval with another 2-3 weeks to be on-line. For this project, the applicant is looking at Spring 2025.

      Mr. LaValle stated that they would be happy to answer any specific questions.

      The meeting took a 10-minute recess to allow the secretary to take care of some unrelated business.

      The board summarized six items to be presented at the next meeting:

      1. Fall zone overlay on AD-1.

      2. Show the ice fall zone on AD-1.

      3. Logistics for county installing equipment on this tower.

      4. Verify fuel tank volume on generator.

      5. Provide the noise study results for the generator.

      6. Frequency emission calculations for this specific tower.

Nate Juby made a motion declaring the application essentially complete except for the six items summarized above (which will be presented prior to the public hearing). Seconded by Josh O’Kay. No discussion. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Absent, John Pavelock – Aye, Mike Taylor - Aye, Nate Juby - Aye. Motion Carried.

John Pavelock made a motion to set the public hearing for Var2024-02 for October 3, 2024 at 7:00pm with the ZBA meeting starting at 6:30pm. Seconded by Mike Taylor. No discussion. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Absent, John Pavelock – Aye, Mike Taylor - Aye, Nate Juby - Aye. Motion Carried.

New Business: None


Josh O’Kay motioned to adjourn. Seconded by John Pavelock. Motion Carried at 7:35 pm.


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


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