| TOWN OF CHESTER ZONING BOARD OF APPEALS MINUTES |
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SEPTEMBER 21, 2009 |
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[DRAFT] (This meeting began as a coordinated review with the Planning Board and the Zoning Board of Appeals combined, on an application of Cellco Partnership d/b/a Verizon Wireless, to construct and operate a Wireless Telecommunications Facility on property located off State Route 9, tax parcel #36.-1-20, in the Town of Chester). ZONING BOARD ATTENDANCE: Ken Marcheselli, Bill Oliver, Arnold Jensen, John Grady, and John MacMillen. Absent were Elizabeth Morris and Mary Jane Dower. In the absence of Chairman Ken Raisner, Mr. Paul Little chaired the meeting. SPR2009-05 & SD2009-03 ~ Cellco Partnership, d/b/a Verizon Wireless . Jared Lusk of Nixon Peabody LLP out of Rochester, was in attendance on behalf of Verizon Wireless. Verizon’s objective is to construct a wireless telecommunications facility on property adjacent to NYS Route 9, in order to provide seamless coverage from I-87 through New York, up to Montreal, and down to Albany. The Site for the telecommunications facility consists of a 0.13+/- leased portion of the land owned by Word of Life Fellowship located on tax parcel #36.-1-20. The facility will consist of the construction of an 80 foot monopole tower and wireless telecommunications antennas with a 10 foot lightening rod, an 11’ x 30’ x 6’ equipment shelter, together with other site improvements, in a Moderate Intensity Land Use Area. Mr. Lusk explained the line of site technology that travels from the phone to the antenna and back to the phone. Wireless telephone use has burgeoned since the technology was introduced in the mid 1980’s. There are currently more than 118 million wireless telephone users in the U.S., with approximately 28,000 more being added each day. Wireless technology provides a critical link for emergency services, such as ambulances, which use such service to transmit vital signs and medical information via medical telemetry. Increasingly, police and other emergency service providers are relying on wireless telephones to communicate with dispatch and receive calls for assistance. Additionally, many businesses heavily rely on wireless telephone service, and individuals use it not only for their own convenience, but for safety reasons, as well. The project, as designed, will not pollute, will not create noise or vibration, will not create any significant increase in traffic, will not create any environmental problems, will not increase population density, and will not create any demand on governmental facilities. Instead, the project will promote the public welfare by providing a modern, more efficient system of communications for police, fire and other emergency services, as well as to provide modern wireless telephone service to business, industry and individuals. There is a report on file, reviewed by Mr. Lutz, that describes how the proposed Pottersville facility was located. It includes a description of the need for and development of the “search area,” a summary of the locations evaluated as alternative sites, the site selection process utilizing the Adirondack Park Agency Tower Siting Guidelines, and describes why the Word of Life parcel is best suited to satisfy coverage objectives. The goal is to maximize the amount of power available in critical target areas, such as highways and towns. Wireless telecommunication transmissions are broadcast at a very low power level (compared to radio and TV), and any obstructions, whether manmade or natural between the transmit/receive antennas and target reception area significantly reduce the amount of power available for the mobile device user. Hills, mountains or buildings, and even foliage can block a significant portion, if not all, of the transmitted signal before it reaches the end user (the customer). Due to these factors, not all locations within a cell will provide adequate coverage, and the search rings are typically designed and placed in or as close to the critical target area as possible. As such, sites planned to cover the Adirondack Northway Interstate 87 (I-87) must be positioned close to the highway to minimize signal loss through the trees lining the highway, and, assuming terrain and local clutter allow, as close to the center of the target area as possible. The ideal site would be placed to cover 2.5 miles in each direction, and be as close to the highway as possible. There is a Real Estate Team that looks for potential sites within the search area that are both technically appropriate and sensible from a zoning and land use perspective. Radio Frequency Engineering then uses computer modeling and simulation to analyze each potential site, approving or rejecting candidates accordingly, and ranks the qualified candidates based on how well they satisfy the RF requirements. When potential candidates are identified that appear feasible to all parties, leases are negotiated, final design plans formulated, and the sites are submitted to the appropriate governmental bodies for approval. Unlike typical expansion areas, the Adirondack Park presents significant complexity in design and site selection, particularly the need to meet the APA’s Tower Siting Guidelines requiring substantial invisibility. With that in mind, Verizon Wireless typically targets candidates at locations where tower height can be kept to a minimum, off of the crest of hilltops, so there is ample natural tree cover and/or hills and mountains behind the tower, and which also requires the minimum amount of tree clearing and access road distance to preserve as many trees as possible. The proposed Pottersville site is critical in Verizon’s plan to provide safe and uninterrupted coverage along Interstate 87 through the Adirondack Park to the Canadian Border. The Pottersville site is one of ten new sites proposed to complete I-87 Adirondack Park coverage from Lake George to Keeseville. On September 28th or 29th, balloons will be flown at the proposed tower site, and pictures will be taken from surrounding locations to determine any obvious visibility from major highways or the surrounding community. It was asked by the board members whether the tower could actually be raised above the proposed 80 feet, in order to expand the coverage even further into the community. The flying of the balloons will significantly impact that decision, based on the findings of the Adirondack Park Agency. After the balloon flying, dates will be considered for a Public Hearing with coordinated review by both the Planning Board, for Site Plan Review as well as Subdivision, and the Zoning Board of Appeals for a height Variance.
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