https://sleepyhollow.localarchives.org/files/original/c571e005caabd1f930789b16730cb86b.pdf 02a98e94734731bba877cfab0ad8150f PDF Text Text t REGULAR MEETING NORTH TARRYTOWN, NEW YORK May 16,1996 A regular meeting of the North Tarrytown Planning Board was held on May 16, 1996 at 8:00 P.M. in the Village hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT. George Hritz, Chairman Donald Caetano Nicholas Cicchetti David Perlmutter Betsy Sawyer-Gaylin ALSO PRESENT: Janet A. Gandolfo, Village Attorney Mark A. DiGennaro, CAMCE Christian K. Miller, Assoc./Planning James Margotta, Building Inspector Chairman Hritz called the meeting to order at 8:15 p.m. 1 Sunoco Service Station, 377 No Broadway - Continuation Sunoco Service Station asked for an adjournment. Chairman Hritz excused himself due to knee surgery and asked Mr. David Perlmutter to sit in as chairman. Mr. Perlmutter commented that he was given the impression that the Sunoco Service Station was not filtrating at all and he wanted to know what requirements there were against them doing that. He wanted the Building Inspector to look into whether in fact they were doing that. Mr. DiGennaro said that they were not going to do repairs or oil changes. They were not going to generate that kind of waste. Mr. Margotta asked if he was interested in an existing gas station or new ones. Mr. Perlmutter said he wanted to know what jurisdiction the Board had. Mr. Margotta commented that the Getty Station was selling gas, auto parts and doing repairs. Discussion on various service stations followed., I i �2* A T & T - Phelps Memorial Hospital Tenter Mr. Christopher B. Fisher, attorney from Cuddy & Feder & Worby came forward on behalf of A T & T. He went over some of the issues discussed at last month's meeting. He said that they had submitted an alternative means of providing electrical service to the proposed unmanned computer and electrical building. He explained the alternative plan to the Board. Unlike the proposed utility plan previously submitted, the alternative plan will not result in the removal of existing trees. The new plan also showed the removal of the barbed wire along the top of the proposed fencing around the building. Mr. Fisher passed out a letter by Paul A. Testagrossa, Environmental Health Specialist, in which he states that the proposed facility met the Federal Communications Commission's Criteria for evaluating environmental effects of RF energy, (attached to minutes). Mr. Cicchetti commented that his only interest was in the trees. Will they come back at a later date and cut them down. Mr. Fisher answered that the trees will be preserved. Mr. Margotta said they didn't need to go to the Zoning Board or the ARB. It was private property. The antennas wouldn't be seen by the public. If you can't see it, no ARB. Trustee Sweet asked if this would be on the tax rolls, for assessment purposes. Ms. Gandolfo answered there would be a franchise tax. Mr. Fisher said that they will be paying rent to the hospital. They had a five (5) year lease. Mr. Caetano made a motion to declare the Planning Board Lead Agency. Ms. Sawyer-Gaylin seconded. Motion carried unanimously. Mr. Weiss, President of the Sleepy Hollow Manor, Improvement Assistants commented that they didn't have information on the impact for radio and television reception. He asked the Board to consider this in granting the application. Mr. Perlmutter advised him that he could discuss his concerns at the Public Hearing next month. Mr. Caetano made a motion to adjourn the Public Comments section of the meeting. Ms. Sawyer-Gaylm seconded. Public comments adjourned. �Mr. Perlmutter made a motion to hold a Public Hearing on June 20,1996 to discuss the issues. Ms. Sayer-Gaylin seconded. Motion carried unanimously. 3 Roger & Graciela Rodriguez 7X Hudson Stri** - Discussion Mr. Barstow, representing Mr. Rodriguez came forward. He explained that his client was trying to get approval for a retaining wall to improve his property for quite some time. He passed out some photographs of the adjacent property (Village property). He felt that the photographs proved the poor condition that the adjacent property was in. "We may or may not disturb the adjacent property. To hold my client responsible for disturbing the property is absurd. These photographs represent the existing conditions of the property. My client wants to improve his property". Mr. DiGennaro said that his feeling on this was that the parking lot had a retaining wall made of telephone poles. By constructing the wall right on the property line will cause some disturbance. Mr. Caetano stated that if he felt that his contractor, architect or engineer had looked this over that they should take into consideration that the Village had neglected the property. They are people who are licensed and if there is any problem they will be responsible. The Board should give the man permission to do what he wanted to do. DiGennaro stated that they had not shown how they were going to stabilize the existing condition during and after construction. Mr. Caetano asked Mr. Barstow if they will accept the responsibility for anything that might go wrong. Mr. Barstow answered that it was very unreasonable to be asked to accept responsibility for the poor condition of the adjacent property. Discussion on the guarantee to preserve the Village property followed. Mr. Caetano made a motion to approve the application. No second. Mr. Perlmutter suggested that the applicant's engineer get in touch with the Village's engineer. 4. Gordon & David Hecht �Mr. James Sauter, from O'Neill, DiManno & Kelly, representing Gordon and David Hecht came forward. He stated that his clients were intending to purchase the property on 8 Teresa Street, a former beer distributor which is now a warehouse not being used. He said Mr. Hecht had a business which distributed hair products. It was a small scale of mixing and blending of the products on she. A letter from Mr. Margotta said that the Zoning was not for that specific use. They wanted the Board to consider the change of use. A variance to allow the mixing and blending-manufacturing of the product. Ms. Gandolfo said that they were here to ask the Planning Board to review a change of use but then they had to go to the Zoning Board of Appeals for the use variance. Mr. Sauter stated that there was no intention to change the structure, just the signage in the loading zone. There was a no-parking sign extension of the loading zone. Mr. Caetano asked if they were going to manufacture perfume or soap. Mr. Sauter answered that it was going to be non-toxic. They passed out samples of the products and explained the contents of the products. They claimed that this was a small operation. Discussion on the products followed. Mr. Sauter commented that they wanted to bring this application to the Board's attention in an informal way and to get the Board's feelings on it. David Hecht explained the operation and the delivery trucks trips in and out of the premises. RFPRF ATTON FF.F.S Ms. Gandolfo explained the recreation fees to the Board. All the money goes to the a Recreation Fund for the following:. Site plan review and Sub-division review She reviewed the formula for figuring the recreation fee for site plan review. She commented that Antonio Rodrigues had 49 spaces @ $1,000.00 = $49,000.00 Mr. Cicchetti said that the Hospital paid $50,000 to the Board of Trustees. Mr. Caetano made a motion to authorize Counsel to negotiate with Antonio Rodrigues on the recreation fees. _4_ �Ms. Sawyer-Gaylin seconded. Motion carried unanimously. There being no further business, the meeting was adjourned. Respectfully submitted, CARMEN G MARIANO Recording Secretary �FREDERICK P. CLARK ASSOCIATES, I N C . Dav,d J. Portman, Planning/Development/Environment/Transportation Rye, New York and Southport, Connecticut Howard I. Reynolds, PE David H. Stolman, AICP 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 Michael A Galante Joanne P. Meder, AICP AICP MEMORANDUM To: Village of North Tarrytown Planning Board Date: May 16, 1996 Subject: AT&T Wireless Services at Phelps Memorial Hospital Cell Site Site Plan Application As requested, we have reviewed the site plan drawings having the following sheet numbers, titles and dates prepared by Tectonic Engineering Consultants, P.C. on behalf of AT&T Wireless Services (the Applicant): Sheet No. T-1 S-1 S-2 S-3 S-4 E-l Title Date Title Sheet Plot Plan and Partial Site Plan Site Plan and Details Foundation Plan and Antenna Details Specifications Electrical Plan and Details 1/9/96 1/9/96 5/8/96 5/8/96 1/9/96 5/8/96 We offer the following comments for your review and consideration: 1. Plan Revisions As requested by the Planning Board at its last meeting, the Applicant has provided an alternative means of providing electrical service to the proposed unmanned computer and electrical equipment building. As the Board will recall, the previous plan involved removing numerous trees within a 20-foot wide path that would include utility poles. Electrical service under the revised plan is proposed to be provided to the cell site facility by extending a new electrical line from North Broadway on existing poles which run alongside the Hospital roadway. Five new poles would also be installed along an internal roadway which runs to the proposed cell site building. Unlike the previously proposed utility plan, this alternative will not result in the removal of existing trees. Connecticut • (203) 255-3100 FAX • (974; 967-6675 Long Island • (516) 364-4544 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation • 2. The plan has also been revised to remove the barbed wire along the top of the proposed fencing enclosing the proposed building. Zoning Compliance The proposed communication facility and antennas are not explicitly listed as permitted accessory uses in the Village's H Hospital zoning district Typically, uses which are not explicitly listed are considered to be prohibited. However, communication antennas are afforded certain protection under federal laws and may be protected from a zoning ordinance which is interpreted to prohibit such uses. This legal issue should be addressed by the Village Attorney with respect to the procedural implications of regulating uses in light of federal law. 3. Additional Information As requested at the last meeting of the Planning Board, the Applicant should provide a plan showing the maximum amount of electromagnetic radiation emitted by the proposed antennas. Christian K. Miller Associate/Planning cc: Mayor Sean Treacy Linda E. David, Village Administrator Janet A. Gandolfo, Esq., Village Attorney James T. Margotta, Building Inspector Dr. Richard Sweet, Village Trustee Mark A DiGennaro, Village Engineer Christopher V. Fisher, Applicant 500\not6-019.ckm.crc 2 I �MAY-14-96 THE 10:45 AM CUDDY AND FEDER FAX NO. 19147615372 P.02/02 XB££ EERMIX VILLAGE OF NORTH TAKRYTOWN 28BEEKMANAVE>JUE NORTH TARRYTOWN, N. Y. 10591 PERMIT No. May 16 .1996 The following information is provided in accordance wife Local Law No. 1,1984 adopted by the Village of North Tanytown on January 23, 1984. Subiect- Unmanne 3 Wireless Communication Equipment Site No. 619 AT&T Wireless Services k Applicant: 15 E. Midland Ave. Paramus, NJ 07652 site: Phfilps Memorial Hospital Section: 11 Block 1 701 North Broadway Lotfe) 3A Location of tree(s) on. property: Approx. 25 f t . north of water tank Tree type: Size range: oak _ * Sixty (60) feet ^ Twenty (20) inches l(height) (Caliper, diameter at breast height) Purpose: Emergency removal Other (specify) : To ____ __ permit construction of communications equipment shelter Signed: title f W . / /• • lt.i.h^\ {~j. COM/ This is to certify that permission is hereby granted for the removal of the tree (or trees) with the understanding that this removal will conform to the provisions of the North Tarry-town Tree Conservation Local Law. B:.'e LUUicrLuCC: If ;-"iL"iUi.T.p einiit, c:.ie of expiration: /"'* _; �w Bell Labs Lucent Technologies Innovations for Lucent Technologies May 16, 1996 Lucent Technologies Inc. 600 Mountain Avenue Murray Hill, NJ 07974-06 36 ChriS FiSher Telephone 908 582 3000 Cuddy & Feder & Worby 90 Maple Avenue White Plains, New York 10601-5196 RE: Proposed Cellular Radio Facility, North Tarrytown, NY Chris: This letter was prepared in response to your request for an additional safety analysis of the electromagnetic environment in the vicinity of the proposed AT&T Wireless Services cellular radio facility in North Tarrytown, NY. Specifically, with regards to the maximum level of RF energy at three locations surrounding the proposed facility to which the public may be exposed. The attached figure shows a graphical representation of three different radials: the 50 ft radial extends to the adjacent driveway, the 170 ft radial extends to the nearest building on the property, the 600 ft radial extends to the nearest residential property. The power density will be less than 6.4 LiW/cm2, 10.3 LiW/cm2, and 5.3 nW/cm2 for the 50 ft, 170ftandioo ft radials, respectively. As indicated in our previous report*, the results of our analysis indicate that the maximum level of RF energy to which the public may be exposed is below all applicable health and safety limits. Specifically, for the locations above, the maximum level of RF energy associated with simultaneous and continuous operation of all transmitters will be at least 55 times below the exposure limits of ANSI, IEEE, NCRP and the limits of all states that regulate RF exposure. Additionally, since the antennas are not directed toward the above locations, the actual levels will be below the safety guidelines by a much greater amount. The Telecommunications Act of 1996 is the applicable Federal law with respect to consideration of environmental effects of radiofrequency emissions in the siting of wireless facilities. It is the conclusion of this report that the proposed facility meets Federal Communications Commission criteria for evaluating environmental effects of RF energy. Sincerely, Paul A. Testagrossa Environmental Health Specialist Radiation Protection and Product Safety Department X Safety Analysis of the Electromagnetic Environment in the Vicinity of a Proposed Cellular Radio Installation, Site 619: Phelps Memorial Hospital Center, 701 North Broadway, North Tarrytown, New York, March 22, 1996 �HIGHWAY PROPERTY—( (ACQUIRED 1966) \ p \ \ V p PROPOSED SITE • /A 1ST WATER TANK (TYP V . / / AfAY / (H0 7961' $A 7^) '»Ai A >J LOT 5 .OTj 6A -01 < * BLOCK 1A LOT LOT 1 / LOT 8 fLOT 9 LOT 2 ~l LOT 3 BLOCK 1G / LOT 10 BLOCK 1 LOT 16 LOT 11 / •LOT 'LOT 68^ / LOT 8 / BLOCK 1B' 'IT ELAN ' * » * > * � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1996 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1996-05-16 Subject The topic of the resource Planning Board Minutes & Resolutions-1996 Date A point or period of time associated with an event in the lifecycle of the resource 1996