CONSERVATION ADVISORY COUNCIL MINUTES

 

September 12, 2006

 

PRESENT:

Andrew Galler

Lew Kingsley

David Klotzle, Wetlands Inspector

John Sussmeier, Acting Chair

 

 

GUESTS:

Al DeSantis – re American Tower Application (Engineer)

Robert Gaudioso – re American Tower Application (Attorney)

Steve Loria – re Jordan Application (Neighbor)

Scott Pearson - Applicant

Tom Ptacek – re Bass Application (Builder)

Karmen Rajamani – re American Tower Application (Zoning Manager)

 

 

The regular meeting of the Town of Philipstown Conservation advisory Council was held on the above date at the Philipstown Town Hall, 238 Main Street, Cold Spring, New York.  The meeting was called to order by Acting Chairperson John Sussmeier at 7:30 PM.

 

Applicant: American Tower

Tax Lot: 60.18-1-3

Representatives: Al DeSantis, Robert Gaudioso, Karmen Rajamani

Permitting Authority: Planning Board

 

Acting Chair John Sussmeier requested that the applicants clarify whether the application under consideration is for the 71 Upper Station Road or the Albany Post Road site.

 

Robert Gaudioso said that American Tower in conjunction with Omnipoint and Cingular had submitted separate applications for each site, and that the one referred to the CAC is 71 Upper Station Road. He said that: (a) the Albany Post Road application had not yet been heard by the Planning Board (to which the matter had been referred by the Zoning Board), but was scheduled to be considered at the Planning Board’s September 28 meeting; (b)  the 71 Upper Station Road facility is a 100-foot tower with two small equipment cabinets at its base. It is located behind the Fire Department Building  a culvert/stream runs behind the property; (c) the CAC had received a complete package of everything submitted to the Zoning Board and the Planning Board plus an updated plans containing drainage calculations; (d) the amount of impervious surface being created and the amount of runoff in comparison to the existing conditions is negligible as shown  by the calculations submitted.

 

Lew Kingsley asked the cabinets’ footprints.

 

Al DeSantis said (a) there are two concrete pads, one for Omnipoint and the other for Cingular, which were indicated on the map and (b) the Omnipoint pad is ‘16’ x ‘6’ and ‘10’ x ‘20’ for Cingular.

 

Andrew Galler asked for topo and drainage maps of the surrounding area.

 

Robert Gaudioso said that the location is essentially flat.

 

Andrew Galler said that the CAC needed to see the surrounding area as well.

 

Andrew Gaudioso said that the application included two plans, one of which is full-sized; i.e., of the whole property.

 

Andrew Galler said that normally the stream and adjacent areas should be depicted.

 

Andrew Gaudioso said Mr. DeSantis had an additional plan that might provide the needed information.

 

Lew Kinglsey noted  that the stream drains out of Lewis Lane and ends at the fire house, and that it drains the whole area coming out of Upper Station Road.

 

Al DeSantis said that the stream crosses only the back portion of the site.

 

John Sussmeier pointed out that a Wetland-permit application requires showing the stream and the 100-foot setback

 

David Klotzle said that the stream is intermittent.

 

Robert Gaudioso asked whether the stream is on the Town map.

 

David Klotzle said that the stream’s presence or absence on the Town map is legally irrelevant.

 

Robert Gaudioso disagreed, saying that he intepreted the Town Ordinance to mean that the stream should be indicated on the Town map.

 

David Klotzle said that the Town Attorney interpreted the Ordinance otherwise. John Sussmeier agreed, saying that he believed the Town map was merely a guideline.

 

Andrew Galler noted that the Town map hadn’t been updated in several years.

 

Robert Gaudioso noted that the applicant had done drainage calculations to show that the effect of the proposed construction was minimal, but that if the CAC required some improvements to contain runoff, he thought the applicant would have not objection.

 

David Klotzle said he agreed that the square footage of the two pads would have a miniscule impact in terms of the drainage area of the stream, and that most of the drainage area is relatively absorptive.

 

John Sussmeier said that on paper the impact looks pretty minor and asked whether the other CAC members ageed.

 

Andrew Galler said he would like to see the site and get a copy of the  site map brought in by Mr. DeSantis.

 

Robert Gaudioso inquired about the CAC’s overall authority.

 

John Sussmeier explained that the CAC is an advisory body and that the Wetlands Inspector is the Permitting Authority. He also said he would like to visit the site.

 

Mr. Gaudioso noted that the site was very close to the existing fire house.

 

David Klotzle told the applicants that if they wanted CAC action on the matter in under a month’s time they should send the requested plan as soon as possible. He also noted re the Station Road application that what is termed a swale is in fact an intermittent stream and therefore falls under the purview of the Town Wetland Law.

 

Andrew Galler, speaking as a member of the public, asked why cell towers are needed, in view of the fact that alternative technologies have recently emerged and there likely will be a big fight over the view-shed.

 

Robert Gaudioso explained that the alternative technologies are not always practical. He said that a full explanation of the issue will be provided to the Zoning Board.

 

John Sussmeier suggested that the CAC inspect the site the following week, a proposal that tentatively was agreed upon.

 

The matter will be reconsidered at the October meeting.

 

 

 

Applicant: Bass

Tax Lot: 45-1-4-22

Representative –Tom Ptacek - builder

Permitting Authority: Wetlands Inspector

 

Acting Chairperson John Sussmeier noted that (a) a site visit had been made and (b) he could not find erosion-control measures and a 100-foot set-off on the plan that Tom Ptacek had brought to the meeting.

 

David Klotzle said he needed copies of the plan, but that on the basis of his site visit and examination of the plan Mr. Ptacek brought in, it would be relatively easy to control erosion.

 

Lew Kingsley asked about the type of wetland disturbance.

 

Tom Ptacek said that pilings would be hand-constructed in the wetland. He said that during construction he would the site free of construction debris and make sure that the access road was kept clean.

 

John Sussmeier asked how the committee would like to proceed. He said that he would have preferred that the CAC receive sufficient copies of the revised plan prior to the meeting.

 

Andrew Galler said he would be willing to vote for a motion to approve, but contingent upon the receipt of a plan from a licensed architect.

 

David Klotzle said that if the other CAC members approved, he would be willing to grant a permit, contingent upon receipt of a licensed plan.

 

John Sussmeier said he was comfortable with accepting the plan.

 

Lew Kingsely moved to approve.

 

Andrew Galler seconded.

 

The motion was approved unanimously.

 

 

Applicant:  Flaherty/Percacciolo

Representative: Anthony Percacciolo and Robert Flaherty

Tax Lot: Tax Lot 27.-8-1-4

Permitting Authority: Wetlands Inspector

 

Neither Mr. Flaherty nor Mr. Percacciolo were present.

 

Lew Kingsley said he had seen 400-500 yards of material ready to be spread on the site.

 

David Klotzle said that nothing had washed down from the hillside but that additional repairs needed to be made to the hillside.

 

The matter will be considered at the October meeting.

 

 

Applicant:  Jordan

Representative:

Tax Lot: 17.-2-87

Permitting Authority: Wetlands Inspector

 

David Klotzle said that the Jordans still were waiting to hear from the NYS DEC.

 

John Sussmeier expressed surprise, saying that he had met Mr. Jordan, who is a neighbor and that he had told him that he had not submitted a DEC application.

 

David Klotzle said that this was not what Mr. Jordan had told him.

 

John Sussmeier said it’s possible he is mistaken.

 

The matter will be considered in October.

 

 

Applicant:  Scott Pearson

Representative:   Scott Pearson

Tax Lot: 38.-3-49-2

Permitting Authority: Wetlands Inspector

 

Acting Chairperson John Sussmeier asked for Wetlands Inspector David Klotzle’s comments regarding the revised that had been submitted by Mr. Pearson.

 

David Klotzle said it was better than any of the  previously submitted plans: (a) the ambiguous uplands/wetlands phraseology regarding re the pond had been removed, (b) erosion-control measures were displayed, (c) an inconsistent wetland line had been removed, (d) the construction stockpile was no longer sited in the wetland. He also noted that the CAC accepted there was no way to relocate the septic outside of the wetland buffer.

 

Mr. Pearson submitted legible copies of the County Board of Health permits for a well and a septic, which had been requested at the August meeting.

 

John Sussmeier said he had no objections to the revised plan. He solicited comments from the other CAC members.

 

Andrew Galler said he had no desire to deny a permit to Mr. Pearson but that he did not want the permit to set a precedent; therefore, he suggested that the permit state that approval was being granted in this because the subdivision had been approved prior to the enactment of the Town wetland law. He then asked for Wetlands Inspector Klotzle’s opinion on including such wording.

 

David Klotzle said he had no objection to adding such wording.

 

Lew Kingsley agreed with Andrew Galler.

 

John Sussmeier requested the applicant to submit additional copies of the site maps.

 

David Klotzle told the applicant that the Town might request an escrow account from the applicant if he has to make a large number of site visits.

 

John Sussmeier asked whether it was necessary to define the details in order to move forward with an escrow account.

 

David Klotzle said $1000 for 14/15 hours should suffice, and that he would write the appropriate letter to the Town.

 

John Sussmeier asked for a motion to approve.

 

Andrew Galler so moved.

 

The motion passed unanimously.

 

 

WETLAND INSPECTOR’S REPORT

 

 

The August minutes were unanimously approved.

 

A motion to adjourn was unanimously accepted.

 

The Meeting adjourned at 8:26 PM.