ZONING BOARD OF APPEALS 238 Main Street, Cold Spring, New York July 10, :30 P. M. Regular Monthly Meeting

Transcription

1 ZONING BOARD OF APPEALS 238 Main Street, Cold Spring, New York July 10, :30 P. M. Regular Monthly Meeting Pledge of Allegiance Approval of Minutes: June 12, 2017 Public Hearing: Martin McHugh, TM# Appeal # Lake Surprise Road (Planning Board referral for a Subdivision between the applicant and Martin McHugh, John McHugh, Patricia McHugh, Mary McHugh and Hiroshi Miwa the properties are located on Lake Surprise Road) Old Business: Homeland Towers LLC, TM # Appeal # Yesterday Drive. (5,610 square foot fenced compound containing a180 foot monopole and related equipment at base of the structure. Submission of paperwork requested from the June 12, 2017 meeting.)

2 NOTICE IS HEREBY GIVEN that a public hearing will be held by the Zoning Board of Appeals of the Town of Philipstown on Monday, July 10, 2017 at 7:30 P. M. at the Philipstown Town Hall, 238 Main Street, Cold Spring, New York to hear the following appeal: Martin McHugh, 200 Lake Surprise Road, Cold Spring, New York. Tax Map# This application is a Planning Board referral to the Zoning Board of Appeals for a subdivision to adjust the dividing line. The proposal is to transfer 16 acres from the McHugh Family lot to the McHugh/Miwa lot. If the application is approved the McHugh/Miwa lot will become acres and the McHugh Family lot will become acres. The property is in the RR Zoning District. Both lots are presently non-conforming as to required "front yard" setback. The adjustment will not worsen the pre-existing, non conforming front yard setback to the garage. With respect to the larger McHugh Family lot will be made more non-conforming upon the property transfer proposed. At said hearing all persons will have the right to be heard. Copies of the application, plat map and other related materials may be reviewed in the office of the Building Department at Philipstown Town Hall. Dated 6/13/17 Robert Dee Chairman of the Town of Philipstown Zoning Board of Appeals.

3 ZONING BOARD OF APPEALS June 12, 2017 MINUTES The Zoning Board of Appeals for the Town of Philipstown held their regular monthly meeting on Monday, June 12, 2017, at the Philipstown Town Hall, 238 Main Street, Cold Spring, New York. PRESENT: Robert Dee Vincent Cestone Paula Clair Granite Frisenda Leonard Lim Adam Rodd Chairman Member Member Member Member Attorney (Drake Loeb PLLC) **PLEASE NOTE that these minutes were abstracted in summary from being present at the meeting and the television video. If anyone should seek further clarification, please review the video. Chairman Robert Dee opened the meeting at 7:30 P. M. with the Pledge of Allegiance. Robert Dee - The first order of business is going to be Martin McHugh, Lake Surprise Road. It's a Planning Board referral. (not audible) Minutes Robert Dee - Actually now, we can do it now? Oh yeah, alright the minutes, are there any changes or questions on the minutes from last month's meeting? May 151.h. Leonard Lim - No. Robert Dee - No. I make a motion the minutes be accepted. Leonard Lim - Second. Robert Dee - All in favor. Paula Clair -Aye. Granite Frisenda -Aye. Leonard Lim-Aye. Vincent Cestone -Abstained. 1 ZBA

4 McHugh 200 Surprise Lake Road (TM# and 30) Robert Dee - Next order of business Martin McHugh, 200 Surprise Lake... Planning Board referral for a Subdivision between the applicant and Martin McHugh, John McHugh, Patricia McHugh, Mary McHugh and Hiroshi Miwa, I guess. The properties are located on Lake Surprise Road. You're handling that right? Glenn Watson - Yes. Robert Dee - Can you explain to us what is going on? What you're looking for? Glenn Watson - Yes thank you. The McHugh's own about 67 acres on Lake Surprise Road. This is land that was inherited by 4 siblings, the McHugh's. They want to divide the property up essentially three of the siblings live outside of the area and one, Mary McHugh, lives next to this property so she wants to increase her personal holdings by taking her share out of the land that the siblings own. The remainder of the land will probably be put up for sale by the siblings after this adjustment is made. So we've applied to the Planning Board to adjust the lot line. What you see outlined in solid red is all property owned by the siblings including the land that Mary McHugh owns with her husband. The present division line between the two properties is this dashed red line. We want to move that lot line such that it disappears and the new lot line is the green line which will make Mary McHugh's property bigger and it will make the remaining land owned by the siblings smaller. If you look closely at the map down at the south west comer of the property you will see she has a little bit of frontage, about 20 feet along Lake Surprise Road. That frontage and the other frontage owned by the siblings is not enough to satisfy the current Zoning requirements and when we make the adjustment, if we get the variance, we ask for that frontage will go down to even less than is required. It had plenty until the Zoning changed in Now it has less. We could accomplish our goal by making a flagpole along that southerly line to get that frontage. For those of you who know that particular part of the property, this southwest corner is roughly opposite Deer Hollow Road and there is a precipitous drop from the road down to the Foundry Brook. So there is really very little point in making that flagpole out to get that additional frontage except to meet the technical requirements of the law. We think it makes more sense to seek the variance to reduce the frontage a little bit further so that we have one continuous piece of property. We avoid an odd geometric configuration simply to meet the requirements of the law and we are seeking your relief to allow that. I think it's about a 20 foot additional variance. Robert Dee - Right you're looking for 20% less than it is now? Glenn Watson - Roughly. Robert Dee - Roughly, you know give or take. Glenn Watson - Right. Robert Dee - You're before the Planning Board on this subdivision right? Glenn Watson - Before the Planning Board on the subdivision and they, of course, can't approve it because we're substandard. I said additional variance; actually it's a new variance not an additional one. They are pre-existing, non-conforming as to the frontage that they have now. 2 ZBA S/15/17

5 Robert Dee - Okay. You have to get this approved in order to go back to the Planning Board? Glenn Watson - Either I have to get it approved or I have to make it a flag lot. Robert Dee - Flag lot. Glenn Watson - Yes. Robert Dee - Is there any questions? Paula Clair - Yes. What is the acreage on the two areas? Glenn Watson - Well it's all in here. I have to correct myself. The total area is 75 acres. Paula Clair - That is the total owned by the siblings? Glenn Watson - Yeah it's the total owned by everybody. Paula Clair - Okay. Glenn Watson - I guess it was 67 and Mary for herself owns about 7. She will be getting another 16 so she will end up owning 23 and the 16 will come off the 67 so it will go down to 54. Paula Clair - Okay. Robert Dee - Okay I see the application is here and the lot line. I see you have a list of neighbors to be notified. You have a short environment Assessment Form here. Glenn Watson - Yes. Robert Dee - That's for the lot line change? Glenn Watson - It was submitted with the subdivision. Robert Dee - With the subdivision. Is there any questions from the Board members? No, Lenny. Leonard Lim - Exactly where is the driveway now to get in there, Glenn? Glenn Watson - The driveway to get into Mary McHugh's property is up here by her garage and there is a blow up of that. The garage is right next to the road. Leonard Lim - Okay. Glenn Watson - The driveway to get into this property, there actually isn't a driveway but they do have a right to use the neighbor's driveway down here at the other frontage. This area where we are seeking 3 ZBAS/15117

6 to lose the frontage on that lot, you need a rope to go down that. Robert Dee - Okay. Yeah right any questions? This time I make a motion that the application is complete. Vincent Cestone - I'll second. Robert Dee - All in favor? Paula Clair -Aye. Granite Frisenda -Aye. Leonard Lim-Aye. Vincent Cestone - Aye. Robert Dee -Aye. I'll set it up for a public hearing for Monday, July l0 1 h. Glenn Watson - Thank you very much. Robert Dee - Okay. Glenn Watson - Good night. Homeland Towers, LLC TM# Robert Dee - Good night. Alright next order of business. Homeland towers, it says 40 Yesterday Drive. It's for the erection of an 180 foot monopole cell tower Okay, you are? I'm sorry? Robert Gaudioso - Good evening Mr. Chairman, Robert Gaudioso, with the law firm Snyder and Snyder Homeland Towers, New York SMSA limited partnership. Robert Dee - Okay, I just want to say one thing before we get started. There are some people in the audience that are interested in this I'm sure. This is an application review okay, what we are going to do is we are going to look to see what more information the Board might require before we move forward with this Okay? When the Board is satisfied with all the information, then we would make the application complete, then we would vote on it. Then we would set up the date for the public hearing. So there will be nothing basically done tonight except to go over some of this information. We are not going to go through it all. Audience member - Does that mean that you don't want any comments? Robert Dee - The rule basically is there is supposed to be nothing from the public to speak but this is too important for that because I know that people are affected by it so. Just give me the courtesy to not 4 ZBA 5/15117

7 interrupt we will get through whatever we need to get through. I will give anybody a chance to speak. Okay go ahead Sir. Robert Gaudioso - Thank you very much Mr. Chairman and members of the Board. Again Robert Gaudioso from the law firm Snyder and Snyder, on behalf of the applicants Homeland Towers SMSA limited partnership. The proposal is wireless telecommunication facility. It's off route 9. We had on the plans 2700 I think the property was subdivided. We have endeavor to get an E 911 address. I think the address that was listed on the agenda was actually the property owners mailing address so I don't think that is correct either. Robert Dee - Okay. Robert Gaudioso - The actual location is off of Vineyard Road, which is the road that runs up the side of the property. We are proposing a 180-foot monopole with 12 panel antennas. The pole itself will be designed to support both future co locations of other wireless carriers but also emergency service equipment, that including from the county. We've also proposed a facility compound at the base. The tower itself does meet the height limitation of 195 feet. It also meets all the setbacks including from the property line and all the Residential Zoning District setbacks. We did submit a number of documents; we did submit the forms with the authorization of the property owner. Robert Dee - Alright I'm going to go through all that. Robert Gaudioso - Oh Okay I apologize. Robert Dee - Probably the best way, I think the most organized, so we are not running all over each other. Maybe you want to put your stuff over on the table here. I just want to go over the exhibits. I'm not going to read them all, just a couple of things that I have questions on. Robert Gaudioso - That's great. If I can just sit down and take notes if that works? Robert Dee - Sure, sit down at the table. That will probably be the best. Robert Gaudioso - Thank you. Robert Dee - That will save a lot of time and I'm going to ask the Board members to hold any questions until we go through it. Robert Gaudioso - Thank you. Robert Dee - Okay. I'm going to go over to your letter first. Let's see your letter to the Board. Basically your letter requesting a 180 foot tower and in it you put, you say there is 12 exhibits. So look at that letter actually there's 13, if you looked on the second page of it you have two number ll's. You have 11 as to Area Analysis alright? Robert Gaudioso - You're right. Robert Dee - So do you want to make that correction? 5 ZBA S/15117

8 Robert Gaudioso - I agree. Robert Dee - I know that you guys don't make too many mistakes but there's one right there. Robert Gaudioso - No I make plenty of them. That's correct Mr. Chairman. Robert Dee - So 11 will be 11 the second 11 will be 12 right and number 12 will be 13 okay? Now we'll go over those briefly but on the bottom here in the last paragraph you say: "with respect to the escrow fee, we respectfully request that any consultant retained by this Honorable Board be a professional engineer qualified to perform any required reviews." Okay now l retained the services of our Town Engineer, Ron Gainer, Okay and I retained the services of an RF Technician by the name of Ronald Graiff G-R-A-1-F-F, do you have any objections to that? Robert Gaudioso - No objections. Robert Dee - No objections to that. Also, when we do the site inspection we are also going to be looking for a balloon test and we want the balloon to be the height and roughly the circumference of the equipment you are going to have on it. Robert Gaudioso - So we're happy... we already staked out the property we are happy to have a site visit with the Board with respect to a balloon test, a couple of things. The balloon, because it is heavily wooded, we want to make sure we have a date and time that in case of inclement weather that we have an automatic role over date and time. Robert Dee - Okay. Robert Gaudioso - So that way we didn't attempt to do a balloon test and waste, quite frankly, your time and everyone's time on a day that might be windy or might be raining heavily. So we would be happy to coordinate that if you want to do that. Robert Dee - You can do that with your guy and Ron Gainer. Robert Gaudioso - That would be great thank you. Robert Dee - Okay the first article you got here is the application itself and what I'm saying is the application looks fine. The only thing it says is ''Wireless telecommunications services facilitity" but it doesn't give the height. You know what I am trying to say? If we can just change that just to put the height on it. Robert Gaudioso - If you want to add the height I would have no objection. Robert Dee - Yeah I would like that. Leonard Lim - What is the height? Robert Dee feet right? 6 ZBA 5/15/17

9 Robert Gaudioso feet. Robert Dee - Because there is a couple of different heights in here, later on I will explain it to you. Robert Gaudioso - I think there is only one other different height and it is one from the FAA we usually make sure that we have a little extra. Robert Dee - There is a couple of different ones we'll get to that. Robert Gaudioso- Sure. Robert Dee - I just want to know that it is 180 feet and I want to put that on there. Alright number two. Number two is the no violations letter, that is good. Next we are okay with that; there is no violations on the property? Robert Gaudioso - Correct. Robert Dee - Number Three is the vested deed to the property. That's fine. Number five is. Leonard Lim - Number four. Robert Dee - Oh, number four is FAA Aeronautical Evaluation now in that one on page, actually on the first page, it's got the total height above the ground of the entire structure is 199 feet. I'll wait until you find it. Robert Gaudioso-I have it Mr. Chairman. Robert Dee - Okay. It says it's 199 feet on it so... Robert Gaudioso - What it is we run an analysis to give us the maximum height that we would be able to go without creating either FAA required lighting or marking or creating a hazard to air navigation. What this shows is that we can go up to 199 feet without having to light or mark the proposed facility so that was the purpose of that. Robert Dee - We're all in agreement that it is 180 feet correct? Robert Gaudioso - But it is 180 feet correct. Robert Dee - Okay. Number five Structural Certification letter, that Mr. Gainer will work on also okay. Let's see number 6. You have your Verizon Wireless Propagation Plots, what that is it's showing other sites in the area. You know, like Route 301 there is a big cell tower, Route 301 and everything like that is what that is, that seems accurate. Robert Gaudioso-And Mr. Chairman, not to interrupt you, just to confirm... Robert Dee - Yes. 7 ZBAS/15117

10 Robert Gaudioso -... just to confirm one thing, we do agree with Mr. Gainers memo. We would be happy to provide additional information to the other consultant that you retain for his satisfaction on some of the additional propagation, plots, and information. Robert Dee - Great. On the Propagation Plots you got the proposed tower at Vineyard Road Cold Spring; it's got a 176 feet. Robert Gaudioso - So the 176 feet is the center line of the antenna's, which is where they measure the signal from and propagate the maps from. The top of the antenna will be no higher than 180 feet. Robert Dee - Okay. Number nine, the Visual Site Assessment Report in that it gives a... you are going to have what, three other companies on this? Robert Gaudioso - So we are going to build it to support at least three other companies but we only have it proposed for Verizon Wireless. Robert Dee - But you do have a possibility because they have the feet here 174, 164. Robert Gaudioso - Sure. Robert Dee - So it is possible that you are going to have three other companies on your tower? Robert Gaudioso - The code requires that we build it for Co-location and we are happy to support that. Robert Dee - Okay, now in your Compliance Assessment Results, that's on page 13 of the same report it uses a distance of 500 feet. Okay I guess that's the theory that there isn't a house within 500 feet? Robert Gaudioso - So it's actually they look at every, I think it's 10 or 20 feet going out to 500 feet, and there is a chart there showing what the maximum level would be for Verizon Wireless. We do a worse case scenario so we presume in the future that there is co-location just as a worse case scenario. Not every antenna will propagate at the same spot at its highest level. But we do have a chart showing where each one would be going out, 500 feet the highest level; and then we simply add them up to show the worse-case cumulative event but it would never be actually at that maximum amount. But we show it as a worse-case scenario anyway. Robert Dee - Okay. Number eight, your long Environmental Assessment Form. Now I'm not going to go over that because we will do that at a public hearing. I just have one question on it. On the graphics map you show figure one, it says on the bottom Fishkill West Site. That's this here? Robert Gaudioso - Can I just come up and take a look at it? Robert Dee - Sure. Robert Gaudioso - Oh that's a typographical error. We'll have that corrected. 8 ZBAS/15/17

11 Robert Dee - You have that on a couple of pages. Robert Gaudioso - We'll have that corrected. Robert Dee - Okay, now you got on here photo 10. You got a photo 10, this with the red one. Robert Gaudioso - Yes. Robert Dee - And here's the tower right? Robert Gaudioso - The yejlow correct. Robert Dee - Yellow, that's in the direct line? Robert Gaudioso - Correct. Robert Dee -There's a house there. Robert Gaudioso - It's the end of the road, that's the tum-around in that road when you go up the road and it dog legs around. Robert Dee -There's a house there. We're going to discuss that okay? Robert Gaudioso - Yes. Robert Dee - Okay this is done by Saratoga Associates, I guess it's a Visual Resource Assessment. Vincent Cestone - Mr. Chairman? Robert Dee - Yes. Vincent Cestone - In reference to visual Environment Assessment Resources probably I would want to see a plan for visual abatement of the impact and addition to that, it says here on number 11, alter an existing structures and everything but it doesn't talk about different technologies like distributed an antenna system or any other new technologies that would eliminate the need for a cell tower. I would like to see if they would provide us with a way of eliminating the cell tower and still getting what they need and if they can prove to me that they can't do it chat way I would want to see an abatement plan on how to minimize the impact to the residents in the area. Robert Dee -All these things are going to be discussed between like our professionals and your professionals. Robert Gaudioso - We understand. Robert Dee - On page one of this report that is the visual. Robert Gaudioso - Sure. 9 ZBAS/15117

12 Robert Dee - Take a minute to pick it up. Under landscape settings, first page, see it? Robert Gaudioso - Yes. Robert Dee - Landscapes, things like that. On the second paragraph it says the tower site is approximately 2,050 feet northeast of Route 9 and 1,570 feet southwest of Route 301. The nearest residential structure is approximately 750 feet northeast of tower site on Rockwald Road okay? I think as we go further on down along I can show you that you are incorrect okay? Robert Gaudioso - Okay. Robert Dee - I just want you to note that. Robert Gaudioso - Okay. Robert Dee - I just want to show you that I believe that is not correct. In their photographs, which are very good, they give you this simulated view and everything else like that; it is very good. They give a simulated view of a cell tower with just one set of... Robert Gaudioso - Right, an array? Robert Dee - Yeah, yeah. Seeing that there is a good possibility that you may be co... may be other people, is it possible for them to photo shop in something that would represent something that might actually be there, you know what I'm talking about? Robert Gaudioso - Sure a couple of extra. Robert Dee - Yeah, a couple of extra... because looking at it you are looking at one tower but. Leonard Lim - What tower (not audible)? Robert Dee - Now you got a picture here, figure 7b if you want to take a look at it, that's in the back. It's in that will be still in ten. Still in 10 that would be one of those big photos here Sir. Robert Gaudioso - Oh the big ones? Okay. Robert Dee - Yeah. Robert Gaudioso - Which one? 7b you said? Robert Dee - I want to look at photo 7b. You don't have that (not audible) yet. Go to 7b. It's a simulated condition of a house on Round HilJ Road. Robert Gaudioso - Okay. Robert Dee - That is 60 Round Hill Road, because I was up there and I looked at everything okay? 10 7.BA 5/15/17

13 Robert Gaudioso - Okay. Robert Dee - Now he's got... there, again he's got 980 feet distance. Robert Gaudioso - Okay. Robert Dee - Okay I don't believe that to be correct, I think it's closer than that and I'll show you why later on. Okay I just want you to make a note or something like that when I get to my point. I'll show you why later on so when I get to my point you'll understand why. Let's see 11 is a copy of the wetlands permit. That's fine; that's up to the wetlands bureau to take care of. And then you have, I want to get to the site plan. Do you have your site plan, the big one? Open it up and it would be on the second page. The second page in relation to the tower, there is a piece of property that says section 39 block 2 lot See that by Round Hill Road; see where Round Hill Road is? Robert Gaudioso - I just want to orient myself to the site 21.4 you said? Robert Dee - 39, block 2, section Robert Gaudioso - Okay. Robert Dee - Okay that belongs to Mr. and Mrs. Gorevic, I guess at 60 Round Hill Road okay. Now this is my point. When I was talking about the distances. This survey was done by Badey and Watson. He's using a scale of 1 inch for a hundred and fifty feet on the botlom; do you see that sir? Robert Gaudioso - I do. Robert Dee - Okay. I'm not an engineer but my measurement is two and a half inches so that means it's 375 feet. So that puts the house well within... it's not 750 or 990 it's 375 now you can go have do it exactly but you can look at that yourself. I have a ruler if you want to check it. Robert Gaudioso - We'll double-check it, I'll have the engineer double-check it. Robert Dee - My concern is that the house is in the direct line of that at 375 feet that's my concern. Robert Gaudioso - Okay. Robert Dee -That finishes me. Now I'll take any questions from any of the Board, any questions? Leonard Lim - I think you covered everything for me too. Robert Dee - Yeah, I think pretty much. Take a look at those things and get back to us. Now you understand what I'm saying about there is nothing within 750 feet? I don't believe that to be correct. Robert Gaudioso - And we'll double-check that. Robert Dee - Right. Okay and (not audible) with some kind of thing by next month if possible. 11 ZBA 5115/17

14 Robert Gaudioso - Sure. Robert Dee - Next month's meeting, okay so we have that. It makes a big difference to somebody who lives there. Robert Gaudioso - Sure. Robert Dee -Anything else? Alright so I guess that's it for now. Robert Gaudioso - I thought there were some recommendations in Mr. Gainer's memo which we have no objection to as far as sending it to the County and sending the notices out. Robert Dee - You're right I'm glad you told me I'm glad you told me, I'm glad you brought that up. Thank you, yes. There is recommendations, you got a copy of his memo. I got this this morning, we don't have to go over them all right now, but in the back he's got the summary of things that the Board can do. We may be able to do some of these things this evening. I don't want to hold this up any more than I have to because it is complicated. In summary it says the Board may wish to consider taking the following actions at your meeting: Formally acknowledge the application as a "major" site plan. Do we have to take a vote on that? Adam Rodd - I would make a motion to do that. Robert Dee - I make a motion that we designate this as a "major" site plan. Leonard Lim - I'll second. Robert Dee - All in favor. Paula Clair -Aye. Granite Frisenda -Aye. Leonard Lim-Aye. Vincent Cestone -Aye. Robert Dee -Aye. That's unanimous. Okay the Board secretary should make required referral to Putnam County Planning. Linda alright so you will notify the county because it is by Route 9. Robert Gaudioso - I agree that it should go to the County. Robert Dee - Okay. The applicant should formally issue notice to adjacent municipalities and the PC Bureau of Emergency Services of the tower application. Robert Gaudioso - We will be happy to take care of that. That's in your code. I totally agree with that. We'll take care of that. 12 ZBAS/15/ 17

15 Robert Dee - You agree with that okay, thank you. Schedule a site inspection of the property, to evaluate any potential environmental or visual concerns. Okay that's the one we discussed about the balloon. Robert Gaudioso - Do you have a preference, Mr. Chairman, to do it on a weekend or a weekday? Robert Dee - I don't know, what does the Board feel? Me I'm retired so it (not audible) okay with me. Paula Clair - Yeah, I would rather do it on a weekday myself. Granite Frisenda - Weekday would be better. Robert Dee - Weekday. We'll go for a weekday. Robert Gaudioso - And we typically do it in the morning, when the winds are generally the lightest so maybe if I can work with Mr. Gainer with some potential dates as I mentioned before. Give you some roll over dates. We wouldn't want to get the balloon up and there will be ten mile or fifteen mile an hour winds and not get an accurate representation of it. Robert Dee - Right that's clear enough. So we agree with everything, right, on that part. Robert Gaudioso - (not audible) Robert Dee - The distance isn't going to work out but we agree on this. Robert Gaudioso - Agreed. Robert Dee - Alright, thank you. Okay anything else from you? Robert Gaudioso - The only other issue was whether you intended to do a coordinated or uncoordinated review. I don't know if there are any other involved agencies so I'm not sure if it requires a coordinated review. Ron Gainer - I didn't investigate that really. I tend to agree with the applicants Attorney. I do not believe there are any one else specifically involved. Robert Dee - You don't believe there is anybody else involved so well... we know that Putnam County has to be notified. Ron Gainer - That is a 239m referral. It's not relative to the environmental review. Robert Dee- Okay so this one then, with the applicants, should formally notify adjacent municipalities is that what you are saying? They don't have to do it? Robert Gaudioso - No, we'll notify them. 13 ZBA 5/15/17

16 Ron Gainer - All of that is statutory; they have to do that. Robert Dee - Right. Ron Gainer - The issue of you declaring yourselves lead agency is only if there is other involved agencies that are subject to granting this a similar permit (not audible). Robert Dee - We would be the lead agency on this. Rob Gainer - We don't know that. If there's none there is no harm in taking no action to SEQRA at this point. Robert Gaudioso - I agree. Rob Gainer - So we can move forward with the discussions. Adam Rodd - Yeah, I would not take any action tonight. Robert Dee - No. Adam Rodd - Until we get more information (not audible). Robert Dee - Of course there is not going to be any decision tonight, you understand that. Robert Gaudioso - We are just trying to get things together. We are just dealing with housekeeping at this point. Robert Dee - Okay, thank you. Now I'm going to give people in the audience... Let me explain this to you, you are going to have plenty of time to talk at a public hearing okay? Tonight was just some things that we wanted to get out you know, like I said, the distance was one thing to the house was one of the things among other things and we've agreed on pretty much everything except to figure out the distance. We have to figure out the distance. That's one of the things but we'll give everybody a chance to talk but one of the things I'm going to ask you to do is to sign the sign in sheet okay. Who would like to speak? You would? Okay come on up. Calli Gorevic - Where should I sign? Robert Dee - There is a sheet over here, a sign in sheet. Leonard Lim - Just sign your name. Robert Dee - This way the secretary, she'll have it for her minutes. Okay now go back to the mike okay. Calli Gorevic - I'm not entirely sure what's appropriate. Robert Dee - Who are you first? 14 ZBA

17 Calli Gorevic - Calli Gorevic, 60 Round Hill road. Robert Dee - 60 Round Hill Road, Okay. You got a beautiful view anyway from that house; you got a heck of a view. Calli Gorevic - So far, so far. Robert Dee - I tell you that is gorgeous. Okay go ahead. Calli Gorevic - Will we be informed about the balloon test? Robert Dee - Yes, I will inform you about the balloon test. Calli Gorevic - Okay. (Not audible) and the other thing is, I don't understand about the co-agency thing. Isn't the Conservation Board also involved in the decision? Robert Dee - Well the Conservation Board they're going to determine it because there is two ponds there. But from my understanding, is the Conservation Board-they don't usually have public hearings do they? Conservation Board. Linda Valentino - Not usually. Robert Dee - I think they review it and look at it to make a decision and they issue a wetlands permit you don't really get too much to say. Cali Gorevic -And we don't get the opportunity to speak to them? Robert Dee - Why do you have a wetlands issue besides those two ponds? Calli Gorevic - No that is the issue. Robert Dee - That was it those two ponds. I was up there I spend a lot of time up there looking around (Not audible) Calli Gorevic - No, I can tell that you did, I appreciate that. Well I just want to say two things. When this property was designated commercial it was attached to Cyberchron. Then Mr. Spano bought the Cyberchron building but did not buy the rest of the property that was designated commercial along with it. So I'd like to think that it could be looked at again from a different perspective, so that if it's not necessary for that to be designated commercial why would it be? Vincent Cestone - It's the 1996 Telecommunications Act doesn't require them to be in a commercial zone. They can be anywhere they want. Calli Gorevic - Yeah okay. Vincent Cestone - It's Federal Governments law. 15 ZBA 5/15117

18 Calli Gorevic - Yeah, I've actually been reading it. thank you I appreciate it. I have one other thing cell towers have a little bit of history with fires and collapses and I'm concerned as to how it would be possible for the fire department to even access this particular location and where would they get the water from? And this is our only way off of Round Hill is down that road, so if something happened to the cell tower we wouldn't be able to get out. Robert Dee - Well the fire... the location is going to be off of Vineland Road and I know that that road goes up just before it gets to Round Hill and just before it goes up. It's going to be pretty much in that area. Okay, so they are going to have to put a 12 foot wide road in there to go into that location. It wouldn't affect the road. It wouldn't affect Vineland Road, It would be off Vineland, like a driveway let's say, access in order to get to where you would have to get to. Calli Gorevic - Right. Robert Dee - So as far as the fire department, like the rest of us, I don't have any hydrants either. So I guess they would have to get the water from the truck you know I mean... any house up here that doesn't have a hydrant, they would have to get the water from the company trucks (not audible). Calli Gorevic - That's interesting because there is the potential for forest fires if the conditions were right and if there was a cell tower fire. I do have some statistics that I would like to share with you because I have been doing research. I'm going to step away from here for a moment. I got one for everybody. Robert Dee - Okay. You got to understand you are going to have a chance to speak at the public hearing too. Calli Gorevic - I do understand. Robert Dee - I'm just giving everybody the courtesy tonight because you're here. Vincent Cestone - She's going to have to re-present this at the public hearing. Adam Rodd - Yeah I would suggest. This is not, I mean we'll welcome your comments just so you're clear this is not a public hearing. We're not even close to a public hearing. Calli Gorevic - Okay should I hold off then. Adam Rodd - I can't tell you not to, but I think it will make more sense in terms of actually if you want to introduce something into the record at the public hearing, it makes sense to introduce it at the public hearing. This is simply a review for completeness. The application is not complete we need various items of information. Really we are simply going to be scheduling a balloon test at this juncture and we are not even scheduling a public hearing tonight. Calli Gorevic - I do understand. Adam Rodd - I just think it makes sense to do it that way so. 16 ZBASIIS/17

19 Robert Dee - You can give it to us if you want but what he's trying to explain is that the public hearing is going to be all night is what I'm trying to say. It all depends on how many people want to talk so you can present it then. Calli Gorevic - Okay. Robert Dee - Do you want to drop it off? Do you want to give it to our secretary? That's fine. Calli Gorevic - No, no. Robert Dee - Now will you do me a favor. Do you want to give her your home phone number? Calli Gorevic- Sure. Robert Dee - Because I said I would call you so I don't have your number so. Is there anything else? Calli Gorevic - No. Robert Dee - Next person, next person okay. If you would just sign your name and print it so... because I can't read my writing. Roger Gorevic - I'm next. Robert Dee - Okay if you step back there and introduce yourself, sir. Roger Gorevic - Sure, I'm Roger Gorevic, my wife, we live at 60 Round Hill. Obviously through the discussion and listening to what you have been saying I am encouraged that you have obviously taken a good look at this thing. There's a lot of mistakes here. Mistakes are not acceptable. We are talking about an impact that is going to have on our lives for the rest of our lives up here. And that's not something we take lightly and I would appreciate if you do your homework properly. The fact is, there are all different heights that have been thrown at me 180, 176, 199. They don't keep changing but we somehow managed to fall one foot short of the FAA. I would like to know what migration habit is of the birds that go by here and I want to know that from the Audubon Society. These things we'll bring up tomorrow at... Robert Dee - There is a report in here from the wild life something about endangered bats or something. Roger Gorevic - We are worried about endangered species. We are worried about turtles that we have seen up there. We've said to the DEC already that they have said a very interesting and I would like to see further on it. There's a lot of things that goes on up here. I saw a very unfortunate thing happen up there, we had a hawk that lived there for five years. I know this doesn't sound important to everybody. This hawk was a beautiful, beautiful bird. Unfortunately, a fence has been built up there; they didn't have the proper markings and the bird went straight into the fence and that's the end of the bird. And this is what goes on, and we have to be careful and protect our society and protect our environment. I don't want a 180 foot cell tower coming in. I don't think it's appropriate for this area. 17 ZBAS/15117

20 We have Hudson Highlands Land Trust, we have Scenic Hudson, we have OSI everybody's trying to protect this area and I think we have to rethink about what's important to us and how do we go forward. Will it impact our lives? We can get into a discussion about cancer; we can get into a discussion about radio waves. You can go to the two different schools. You can listen to obviously the utilities and who they've hired saying there's no problem. Then you can go to the other side and talk about cell phones and cell towers and the impact that that's going to have. The fact is that we live here; we moved up here. We love this area. We don't want to see it messed up by bringing in a tower that may not necessarily need to be 180 feet. I think the question was a wonderful question tonight; is that really something you have to do? Maybe you can do 100-foot tower. There are other ways today and we don't have to change the beautiful environment that we've set up here. This is something that is very important to us; we are very passionate about it. Robert Dee - Well I can understand it. Rodger Gorevic - It is not something we want to deal with. I'm very happy to hear the questions that were asked because I came in and saw the same mistakes that you did. Robert Dee - Well, we just got this application last week. Thankful to our wonderful secretary she was able to get it to us a week early. Roger Gorevic - No I appreciate it. Robert Dee -Anyway, so we can review it. So there is going to be a Jot of review here. I'm sure that Verizon is going to submit the things that we asked for so this is not a combative thing. Roger Gorevic- No no we don't want to have a fight. We just want answers. Robert Dee - Right. As far as the Audubon thing, like, that I understand what you are saying; there is one thing about wild life, something about endangered bats or something. I really haven't had a chance to look at it okay? I'm not knocking endangered bats. I just haven't had a chance to look at it okay, so we'll do that as we go along. You know I'll explain it to you. Roger Gorevic -As long as we feel we are being consulted because this affects our lives. Robert Dee - No, definitely. Roger Gorevic - It affects your lives, it affects every-bodies lives. Robert Dee - I asked your wife to leave the phone number; I will personally call. Roger Gorevic - I appreciate that. That's all I want to say. Robert Dee - Thank you Sir. Roger Gorevic - Okay, thank you. Robert Dee -Anybody else would like to speak? No. Okay, at that point what were going to do is set 18 ZBA S/15/J7

21 up the next meeting which will be July lolh okay and do you think that you could have reports to us by then Mr. Gainer? Ron Gainer - Certainly. Robert Dee - Okay and all the things we went over tonight and one more thing I forgot. In your, one of the forms here, it says the cell tower is needed in the area because of lack of coverage okay. Could you provide us with a list from Verizon of all the people in the area who've called up about lack of coverage? Robert Gaudioso - You know that's not how they design the system as far as complaints. Robert Dee - Well you got to prove to me, how can you prove to me there is lack of coverage? Robert Gaudioso- Well what they do is they have a design criteria that a certain signal level is necessary for the mobile devices to properly function. They actually test the signal in the real world. They do two ways they actually test it with a test vehicle, collect the signal in the real world and real time. They also run propagation maps to be able to and compare to the drive test signal because the drive test goes only on roadways where the propagation maps looks at the whole area. Robert Dee - Right. Robert Gaudioso -And then they are able to see where there is significant gaps in coverage. Robert Dee - Okay, I can actually see that there is a cell tower there, maybe a little more than a half a mile away I think there's one, and there is another one a mile and a quarter. But the one at Fahnestock is like two hundred and something feet high. 260 feet high or something like that. Robert Gaudioso - The problem with the one at Fahnestock is if you look at the maps, we already did some (not audible) it doesn't go down into the valley. It doesn't get down into the Route 9, 301 corridor. Robert Dee - Ron if you would, our engineer, if you would work with RF fella? Ron Gainer - Then again we identified in our initial (not audible) review that there is additional RF technical data that has to be provided by the applicant. Robert Dee - Okay. Ron Gainer - So that submittal remains to be accomplished. Robert Gaudioso - We have any objection to that. Robert Dee - You have no objection to that okay. Vincent Cestone - One thing I had forgotten about this, I was looking at the maps, none of them say what the DB reading is in the affected area before you put the cell tower in. It would be nice to know what the signal strength is before, before you would build the tower. 19 ZBA 5/15/17

22 Robert Gaudioso - Sure. Vincent Cestone - So if you could add that that would be helpful. Robert Gaudioso - Not a problem. Paula Clair - Is this cell tower dedicated to data or cell coverage and the reason I ask that is we had another cell tower modification maybe a year or so ago and Verizon told us that it would improve cell phone coverage in the area and it didn't; so what is this for is this for data or is this for cell phone coverage? Robert Gaudioso - Sure. So when people used to say data, the reference was to strictly using for the internet, strictly using your mobile device, your laptop, tablet, you connect to the internet. The new (not audible) technologies that you see on the TV or on the radio, LTE, what that really means is that's a way that they provide that mobile data but they are also now providing voice calls over the mobile data. So in the old days the voice call would go to the cell phone tower, it would connect into the public telephones, switching network. Now with new technologies we are able to connect that voice call which you may have heard the word (not audible) LTE, (not audible) those calls are actually routed by way of data packets into the internet and route it that way. So it's both to answer your question. Robert Dee - Okay, as far as scheduling goes. I'm going to schedule this for our next meeting, Monday July l0 1 h okay? The Board doesn't meet in August because of vacation or what not. We don't have anything like that so the next meeting after that will be September 11 lh okay so if we can get all the information by July lolh if you guys work together you know and everything we ask for then we can possibly look at an application completion and maybe set up a meeting for September if it's not there then after September then it will be in October. I'm just trying to give you a time frame. Robert Gaudioso - Okay, I appreciate that and speaking of schedule because you mentioned July 10 1 \ you would want to have that balloon test before then I would assume. Robert Dee - Yes. Robert Gaudioso - We have that July week. Which is a weird, I think it's a Tuesday this year. Leonard Lim - Well on the July 4ch weekend a lot of people are gone. Robert Gaudioso - That's what I'm getting at Mr. Lim. We would like to do that sooner than later. Leonard Lim - We're gone for July 4lh weekend. Robert Dee - So probably. Leonard Lim - It's not going to happen. Robert Dee - If we do probable towards the end of this month maybe or something like that. 20 ZBAS/15/17

23 Robert Gaudioso - Okay, I'll work with Mr. Gainer to try and come up with those dates. Robert Dee - He'll call me and I'll call the gentleman over there and this way everybody is on the same page. Robert Gaudioso - Fair enough. Robert Dee - That's all we are looking for. We're looking to get all the information to get this going one way or the other. Robert Gaudioso - We agree. Thank you very much Mr. Chairman. Ron Gainer - Would it be of interest to have it during the week or on a weekend? Robert Dee - During the week. Ron Gainer -Alright and you were talking about morning (not audible). Robert Dee - Well I would like to have it up for a couple of hours. I don't want a 30 second balloon. Ron Gainer- No it wouldn't be. Robert Gaudioso - We agree. Robert Dee - You got to have it up six or seven hours I would want it up. Robert Gaudioso - Six or seven hours, it will never stay up that long. Robert Dee - It won't last, How long will it last? Robert Gaudioso -A couple of hours. Leonard Lim - Could we get four hours out of it? Robert Gaudioso - We can try. Typically, no more than four. Leonard Lim - like 8 to 12. Robert Gaudioso - 8 to 12 it will never stay, it would get caught in the trees, it will pop, it will. Robert Dee - No he meant the time he was talking about. Robert Gaudioso - Oh, I would think, I'm sorry you caught me off guard on that one. You mean 8:00 in the morning, absolutely. Ron Gainer - Great. 21 ZBA 5115/17

24 Robert Dee - So we are looking for 8 to 12 and if it comes down before 12 or something like that... Robert Gaudioso - Yeah, we would want to meet you out there by 8. Robert Dee - Or blow it up again. Robert Gaudioso - No we bring extras I don't want to mislead you to think the balloon is going to stay stationary because it will not. Robert Dee - Okay we will be in touch. Vincent Cestone - We've done the baljoon test before. Robert Dee - Yeah, we did it for several different things. Robert Gaudioso - (not audible) Robert Dee - Different things, so we'll be in touch with Mr. Gainer and your guy, with your engineer and your people to work it out together. Robert Gaudioso - Sure. Ron Gainer- Does any individual members have any periods during that workweek where it can't be, any schedule time off for vacations? Just about any day? Robert Dee - No not the last week of June I don't think. The last week of June would be a good day. Ron Gainer- (not audible) Robert Dee - If not we can always take photographs or something like that if somebody was not... Ron Gainer - We'll make them do that anyway. Robert Dee - Yeah we'll make them take the photographs anyway to so that we have it. This way it's a permanent record. I would like the photographs, if possible, to be taken. If he doesn't mind, from 60 round Hill. Robert Gaudioso - Yeah, we would just need the consent to step on the property. Robert Dee - From the back of their home. He can give you permission for them to go there. Robert Gaudioso - We can coordinate that that day. Robert Dee - If they give permission. You give us permission to go there, you take the photos from there; that's what I'm interested in, that's my mind is at. I want to see exactly what it is Okay? Robert Gaudioso - Well thank you very much we appreciate it. 22 ZBA 5115/17

25 Robert Dee -At this time I make a motion we adjourn the meeting. Leonard Lim - I'll second it. Robert Dee - All in favor? Paula Clair -Aye. Granite Frisenda -Aye. Leonard Lim- Aye. Vincent Cestone -Aye. Robert Dee -Aye. Robert Dee - Thank you. (The meeting adjourned at 8:20 P. M. by a unanimous decision.) NOTE: These minutes were prepared for the Zoning Board of Appeals and are subject to review, comment, emendation and approval thereupon. DATEAPPROVED:~~~~~~~~~ Respectfu1ly submitted, Linda Valentino Secretary 23 ZBAS/15/17