TOWN OF WARWICK PLANNING BOARD December 16, 2015 Members present: Chairman, Benjamin Astorino Roger Showalter, Vice-Chairman Dennis McConnell, Bo Kennedy, Christine Little, John MacDonald, Alternate Laura Barca, HDR Engineering John Bollenbach, Planning Board Attorney The regular meeting of the Town of Warwick Planning Board was held Wednesday, December 16, 2015 at the Town Hall, 132 Kings Highway, Warwick, New York. Chairman, Benjamin Astorino called the meeting to order at 7:30 p.m. with the Pledge of Allegiance. PUBLIC HEARING OF T-Mobile Northeast, LLC./15 Pysners Peak Application for Site Plan Approval for the construction and use of modifications to an existing cell tower (American Tower) to consist of the collocation of (6) panel antennas and related transmission equipment on the existing tower. In addition, T-Mobile proposes to install new transmission equipment within the existing equipment compound, including one new equipment cabinet and (3) utility/battery backup cabinets, situated on tax parcel S 58 B 1 L 18.22; project located on the eastern side of Pysners Peak and north of Kain Road (15 Pysners Peak), in the MT zone, of the Town of Warwick. Representing the applicant: Robert Gaudioso from Snyder & Snyder, LLP., Applicant. Mr. Astorino: Do you have the certified mailings for the T-Mobile/15 Pysners Peak public hearing? Robert Gaudioso: Yes. Mr. Astorino: Thank you. The following review comments submitted by HDR: 1. Planning Board to discuss SEQRA. 2. Applicant to discuss project. 3. Conservation Board comments: pending 4. Architectural Review Board comments: pending 5. Wireless Telecommunication Facility Board comments: pending 6. OCPD: 11/09/15 no advisory comments 7. The appropriate Town of Warwick Standard notes must be added to the plan (overlay districts, etc.). 8. Provide updated Emergency Service Plan and post contact information at the site for emergency purposes. 9. 164-79.A.(1)(a) The Planning Board must determine if additional landscaping should be installed.
Page 2 of 8 Town of Warwick Planning Board Minutes December 16, 2015 10. 164-79.A.(1) and (4) The color of the towers, cabinets, and associated accessory structures are required to be non-reflective; color samples must be submitted. 11. 164-79.A.(2) All lighting, including existing, must be in compliance with 164-43.4, where are lighting features are shielded/facing downward; Applicant to add note to confirm that no new lighting is proposed. 12. 164-79.A.(3)(a) All signage, including existing, must be in compliance with 164-43.1; Applicant to add note to document the type and locations of existing FCC signage (or to confirm that new signage will be installed and maintained). FCC signage should be maintained (and installed if not currently present) in accordance with applicable local, State, and Federal rules and regulations. 13. 164-79.A.(3)(b) Applicant to confirm if Danger-High Voltage signs are required/posted. 14. 164-79.B(4) Applicant to confirm that noise is less than 50dB at the property line. Applicant to add note to plan. 15. A cumulative annual structural report shall be submitted to the Town of Warwick Building Department by May 1 st of each calendar year; Applicant to add a note to the plan. 16. Add the recently approved NJ Transit antennas at Elevation 140 feet to the tower elevation shown on sheet C-1 of the zoning drawings. 17. Applicant to clarify the protrusion at the top of the Tower Cross-section on Sheet DWG C-1 (it may be existing lighting). 18. The Ridgeline Overlay notes must be added to plan set; Note 7 of these notes can be replaced by the following note that was added to the previous cell tower owner s final plans (Global Tower, signed 10/06/11): There are existing grants of easement to the United States of America (Book 11635 Page 1759 and Book 11635 Page 1768) limiting the future development of this property and the height above grade level of structures. 19. The following Private Road notes and maintenance agreement shall be added to the plan: A declaration setting forth the private road and drainage maintenance agreement has been recorded in the Orange County Clerk s Office in Liber 4639, Page 29 on 09/29/97. An annual access maintenance contract shall be submitted to the Town of Warwick Building Department by May 1 st of each calendar year; Applicant to add a note to the plan. 20. Private road notes as determined by the Planning Board Attorney must be added to the plans. 21. Payment of all fees. The following comment submitted by the Conservation Board: T-Mobile/15 Pysners Peak None submitted. The following comment submitted by the ARB: T-Mobile/15 Pysners Peak None submitted. Comment #1: Planning Board to discuss SEQRA. Mr. Astorino: I believe SEQRA is complete. Mr. Bollenbach: Yes. SEQRA is complete. Comment #2: Applicant to discuss project. Robert Gaudioso: Thank you Mr. Chairman. You pretty much stole my thunder. It is straight-forward. We are installing (6) panel antennas and related transmission equipment on the existing tower.
Page 3 of 8 Town of Warwick Planning Board Minutes December 16, 2015 Comment #3: Conservation Board comments: pending Comment #4: Architectural Review Board comments: pending Comment #5: Wireless Telecommunication Facility Board comments: pending Comment #6: OCPD: 11/09/15 no advisory comments Comment #7: The appropriate Town of Warwick Standard notes must be added to the plan (overlay districts, etc.). Robert Gaudioso: Yes. Comment #8: Provide updated Emergency Service Plan and post contact information at the site for emergency purposes. Robert Gaudioso: We had provided that at the last meeting. Comment #9: 164-79.A.(1)(a) The Planning Board must determine if additional landscaping should be installed. Mr. Astorino: We had discussed that at the Work Session. You are not adding anything on the outside. I don t think that would be needed. Mr. Bollenbach: Do we have a consensus from the Board? Mr. Astorino: Yes. We have a consensus from the Board to waive the additional landscaping. Comment #10: 164-79.A.(1) and (4) The color of the towers, cabinets, and associated accessory structures are required to be non-reflective; color samples must be submitted. Robert Gaudioso: Ok. Comment #11: 164-79.A.(2) All lighting, including existing, must be in compliance with 164-43.4, where are lighting features are shielded/facing downward; Applicant to add note to confirm that no new lighting is proposed. Robert Gaudioso: Ok. Comment #12: 164-79.A.(3)(a) All signage, including existing, must be in compliance with 164-43.1; Applicant to add note to document the type and locations of existing FCC signage (or to confirm that new signage will be installed and maintained). FCC signage should be maintained (and installed if not currently present) in accordance with applicable local, State, and Federal rules and regulations. Robert Gaudioso: Ok. Comment #13: 164-79.A.(3)(b) Applicant to confirm if Danger-High Voltage signs are required/posted.
Page 4 of 8 Town of Warwick Planning Board Minutes December 16, 2015 Mr. Bollenbach: Are they required or not? Robert Gaudioso: No. Mr. Bollenbach: We can strike Comment #13. Comment #14: 164-79.B(4) Applicant to confirm that noise is less than 50dB at the property line. Applicant to add note to plan. Robert Gaudioso: Ok. Comment #15: A cumulative annual structural report shall be submitted to the Town of Warwick Building Department by May 1 st of each calendar year; Applicant to add a note to the plan. Robert Gaudioso: We did submit that structural report. I am going to take no position on that. I am not saying that we are going to object to that. The Tower owner is going to have to provide that. I am not able to speak on that. Mr. Bollenbach: We will be in contact with them as well. This way we will have it organized so that we do the structural report and the annual maintenance contracts so that they all become due May 1 st. We will work on that. Robert Gaudioso: I understand that. I am not going to take any position on that. Mr. Bollenbach: Ok. Mr. Astorino: That is fine. We will just keep this comment as a place keeper so that we have it. Robert Gaudioso: Ok. I understand that. Comment #16: Add the recently approved NJ Transit antennas at Elevation 140 feet to the tower elevation shown on sheet C-1 of the zoning drawings. Comment #17: Applicant to clarify the protrusion at the top of the Tower Cross-section on Sheet DWG C-1 (it may be existing lighting). Comment #18: The Ridgeline Overlay notes must be added to plan set; Note 7 of these notes can be replaced by the following note that was added to the previous cell tower owner s final plans (Global Tower, signed 10/06/11): There are existing grants of easement to the United States of America (Book 11635 Page 1759 and Book 11635 Page 1768) limiting the future development of this property and the height above grade level of structures.
Page 5 of 8 Town of Warwick Planning Board Minutes December 16, 2015 Comment #19: The following Private Road notes and maintenance agreement shall be added to the plan: A declaration setting forth the private road and drainage maintenance agreement has been recorded in the Orange County Clerk s Office in Liber 4639, Page 29 on 09/29/97. An annual access maintenance contract shall be submitted to the Town of Warwick Building Department by May 1 st of each calendar year; Applicant to add a note to the plan. Robert Gaudioso: I say the same thing as before. I have no comment on that from T-Mobile. Comment #20: Private road notes as determined by the Planning Board Attorney must be added to the plans. Comment #21: Payment of all fees. Mr. Bollenbach: Going back to Comment #16, regarding the tower antennas that should be added to the drawing, weren t there also equipment improvements that NJ Transit had like a generator, propane tank, etc? Laura Barca: Regarding NJ Transit, yes. Robert Gaudioso: We received the plans from Laura. Whatever NJ Transit has shown on those plans, we would be happy to add that to our plans. Mr. Bollenbach: Ok. We will add to that comment along with the compound. Robert Gaudioso: And along with the ground equipment? Mr. Bollenbach: Yes. Mr. Astorino: John, what you are saying is that you want to show it on this one plan? Mr. Bollenbach: Yes. This is a plan that they will be submitting. We already have an approval for NJ Transit. Where is that ground equipment location? Mr. Showalter: Is the reason for your question so that his plan is the most up to date? Mr. Bollenbach: That it incorporates the NJ Transit ground equipment. Where is their generator, propane tank, etc so that everything could have adequate spacing? That way we could see everything that is going to be out there. Robert Gaudioso: This comment only referenced on what is going to be on the tower. What John also wants is the stuff that is going to be around the base of the tower as well. Mr. Showalter: Ok. I understand that now. Mr. Astorino: Do any other Board members or Professionals have any other comments?
Page 6 of 8 Town of Warwick Planning Board Minutes December 16, 2015 Mr. McConnell: John, did we settle the issue with May 1 st in Comment #19? Mr. Bollenbach: Yes. We have discussed this with the applicant. May 1 st seems to be an acceptable date so that we could have coordination for the structural reports of the antennas and also for renewal of any annual maintenance contracts. It would make it easier for the Building Department to keep track. Mr. McConnell: Good. Mr. Astorino: That goes to the tower owner. Mr. Bollenbach: Correct. Mr. Showalter: Dennis & Chris, I would like to say that was a good idea for you to come up with that at our last meeting. That would help all of the applicants and professionals with this as well. Mr. Astorino: Do any Board members or Professionals have any other comments? This is a public hearing. If there is anyone in the audience wishing to address the T-Mobile application, please rise and state your name for the record. Let the record show no public comment. Mr. McConnell makes a motion to close the public hearing? Seconded by Ms. Little. Motion carried; 5-Ayes. Mr. Kennedy makes on the T-Mobile/15 Pysners Peak application, granting Site Plan Approval for the construction and use of modifications to an existing cell tower (American Tower) to consist of the collocation of (6) panel antennas and related transmission equipment on the existing tower. In addition, T-Mobile proposes to install new transmission equipment within the existing equipment compound, including one new equipment cabinet and (3) utility/battery backup cabinets, situated on tax parcel S 58 B 1 L 18.22; project located on the eastern side of Pysners Peak and north of Kain Road (15 Pysners Peak), in the MT zone, of the Town of Warwick. Approval is granted subject to the following conditions: 1. The appropriate Town of Warwick Standard notes must be added to the plan (overlay districts, etc.). 2. Provide updated Emergency Service Plan and post contact information at the site for emergency purposes. 3. 164-79.A.(1)(a) The Planning Board must determine if additional landscaping should be installed. (Waived by consensus) 4. 164-79.A.(1) and (4) The color of the towers, cabinets, and associated accessory structures are required to be non-reflective; color samples must be submitted. 5. 164-79.A.(2) All lighting, including existing, must be in compliance with 164-43.4, where are lighting features are shielded/facing downward; Applicant to add note to confirm that no new lighting is proposed. 6. 164-79.A.(3)(a) All signage, including existing, must be in compliance with 164-43.1; Applicant to add note to document the type and locations of existing FCC signage (or to confirm that new signage will be installed and maintained). FCC signage should be
Page 7 of 8 Town of Warwick Planning Board Minutes December 16, 2015 maintained (and installed if not currently present) in accordance with applicable local, State, and Federal rules and regulations. 7. 164-79.B(4) Applicant to confirm that noise is less than 50dB at the property line. Applicant to add note to plan. 8. A cumulative annual structural report shall be submitted to the Town of Warwick Building Department by May 1 st of each calendar year; Applicant to add a note to the plan. 9. Add the recently approved NJ Transit antennas at Elevation 140 feet to the tower elevation shown on sheet C-1 of the zoning drawings along with ground equipment. 10. Applicant to clarify the protrusion at the top of the Tower Cross-section on Sheet DWG C-1 (it may be existing lighting). 11. The Ridgeline Overlay notes must be added to plan set; Note 7 of these notes can be replaced by the following note that was added to the previous cell tower owner s final plans (Global Tower, signed 10/06/11): There are existing grants of easement to the United States of America (Book 11635 Page 1759 and Book 11635 Page 1768) limiting the future development of this property and the height above grade level of structures. 12. The following Private Road notes and maintenance agreement shall be added to the plan: A declaration setting forth the private road and drainage maintenance agreement has been recorded in the Orange County Clerk s Office in Liber 4639, Page 29 on 09/29/97. An annual access maintenance contract shall be submitted to the Town of Warwick Building Department by May 1 st of each calendar year; Applicant to add a note to the plan. 13. Private road notes as determined by the Planning Board Attorney must be added to the plans. 14. Payment of all fees. Seconded by Mr. McConnell. Motion carried; 5-Ayes. Robert Gaudioso: Thank you. Have a happy holiday.
Page 8 of 8 Town of Warwick Planning Board Minutes December 16, 2015 Review of Submitted Maps: Other Considerations: 1. Planning Board Minutes of 12/2/15 for PB Approval. Mr. McConnell makes a motion to Approve the Planning Board Minutes of 12/2/15. Seconded by Ms. Little. Motion carried; 5-Ayes. 2. Planning Board to discuss cancelling 12/28/15-Work Session & 1/6/16-Planning Board Meeting. Mr. McConnell makes a motion to cancel the 12/28/15-Work Session & 1/6/16- Planning Board Meeting. Seconded by Mr. Kennedy. Motion carried; 5-Ayes. Correspondences: Mr. Astorino: I see that we don t have any correspondences this evening. Privilege Of The Floor For Agenda Items!! Mr. Astorino: If there is anyone in the audience wishing to address any of the agenda items, please rise and state your name for the record. Let the record show no public comment. Mr. McConnell makes a motion to adjourn the December 16, 2015 Planning Board Meeting. Seconded by Mr. Kennedy. Motion carried; 5-Ayes.