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HomeMy WebLinkAbout2021_10_14 Planning Board Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD OF THE TOWN OF MAMARONECK HELD IN THE COURT ROOM OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK OCTOBER 14, 2021 Present: Ralph Engel, Chairman, Elizabeth Cooney, Vice Chair, Edmund Papazian, Ira Block, John Cuddy, Sarah Dunn (Alternate) Also Present: Sabrina Fiddelman, Town Board Liaison, Meredith Robson, Town Administrator, Robert Wasp, Town Engineer, Anthony Oliveri, Town Consulting Engineer, Lisa Hochman, Counsel to Planning Board, Elizabeth Aitchison, Town Environmental Planner, Francine M. Brill, Secretary Absent: Ron Mandel CALL TO ORDER The meeting was called to order at 7:32 P.M. MINUTES The minutes of September 9, 2021 were discussed. Corrections were made. Motion: To approve the minutes of September 9, 2021 with technical corrections Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved 1. 57 Glenn Road -JAF Builders Corp —Residential Site Plan - Public Hearing Steve Anderson, from Eliot Senor's office, addressed the Board and stated that no trees would be removed. He further stated that the applicant appeared before the Coastal Zone Management Commission(CZMC). The CZMC asked that a sump pump be added in the basement and that the mechanical equipment be raised. He showed that the new grading would not affect the natural flow of rain runoff. Mr. Oliveri stated that at the staff meeting they discussed concerns about drainage and flooding issues in the surrounding area. Neighbors were invited to view the plans. Mr. Anderson explained that the natural ridge of the property extends out to the street and rainwater currently flows into a catch basin. The plans call for a series of catch basins and curtain drains to be positioned at the bottom of the proposed wall. Mr. Anderson asserted that water would not collect behind the wall because the flow patterns will not change. 1 Mr. Engel stated that the CZMC concerns regarding flooding require the design to be flood resilient. Mr. Oliveri, stated that the property is not in a flood plain and that there is no proposal to raise the grade. Mr. Wasp added that Chapter 95 of the Town Code requires preservation of the natural drainage patterns. Mr. Engel stated that the plan needs to be looked at in depth by the members of the professional staff, who are to advise the Board as to the water flow issues. Motion: To open the public hearing Moved by Edmund Papazian, seconded by Elizabeth Cooney Action: Unanimously approved PUBLIC HEARING Ovidio Bacallao, of 110 North Chatsworth, stated that they currently have a problem with 112 North Chatsworth, because construction there has caused flooding on his property, his soil is eroding and the ground never dries. He added that in the 13 years he has lived there, he never had a drainage problem and he is worried about the proposed wall. He further stated that he has hired his own engineer, and he submitted photos, which were added to the record and marked Exhibit 1. Mr. Wasp stated that he is familiar with the problem. Mr. Oliveri suggested that the two engineers speak to one another before the next Planning Board meeting as to how best to address any problem. Mr. Bacallao expressed objection about nearby properties that have been elevated and noted that before construction, 112 North Chatsworth was at the same elevation as his property. Mr. Wasp stated that construction is ongoing at 112 North Chatsworth and that the roof leaders are not tied into the drainage system yet. Mr. Engel asked if the construction of the wall could have a negative effect. Mr. Anderson responded that the wall is to maintain the natural drainage path to the street. He added that the current driveway is there and that the proposal is that it be moved to the other side of the property. Mr. Wasp stated that, although the Town Code only requires calculations for a 25-year storm event, the Planning Board can require that the calculations be for a 100-year storm event. Mr. Anderson responded that he will calculate for a 100-year storm event. Mr. Oliveri stated that he is not sure whether the wall is helping or hindering drainage, or just leveling the property. 2 Dr. John Fuerbach, of 59 Glenn Road, stated that the flooding came off the street into the house during Ida and he is concerned that the planned construction not exacerbate the flooding problem. Mr. Engel suggest that there be another PEER meeting before the Applicant returns to the Planning Board, and Mr. Wasp responded that such a meeting could be arranged. The matter was adjourned. Bonnie Briar Country Club —Wetlands & Watercourses Permit and Site Plan Amendment - Public Hearing Benedict Salanitro, the applicant's engineer, addressed the Board, to explain the application for a site plan amendment and wetlands permit in connection with work on fairways 14 and 16. He further stated that the two fairways are located in a flood zone, but there will be no change to grade. Mr. Salanitro stated that they received a letter of consistency from the CZMC and received a memo from Mr. Oliveri. Mr. Salanitro explained the plan to remove the top layer of soil and sod,to add sand and gravel for drainage, and to replace the dirt and grass. He added that this was previously approved on fairway 6 and parts of fairways 17 and 18. He further stated that they are improving the pond edge on hole 14 by adding more vegetation, but aquatic shelf plantings have not been selected yet because they are waiting for the professional landscaper's plan, which is to be submitted at least 14 days before the next Board meeting. SEQR was discussed and Ms. Aitchison stated that additional information is required to be submitted. Mr. Engel stated that the public hearing could be opened but cannot be closed until the plan is both complete and reviewed. Mr. Salanitro asked if the public hearing can be set for next month, as the golf course is closed from December thru March and they would like to get the work done during that time. Mr. Oliveri asked for cut and fill calculations. Mr. Salanitro responded that they established a base line, that field measurements were done last week, and the topo is from Westchester County GIS. Mr. Engel stated that the Board can open a public hearing, but suggested that another PEER meeting be set and stated that a landscaping plan is required to be submitted by the cut-off date. Motion: To open the public hearing Moved by Elizabeth Cooney, seconded by Ira Block Action: Unanimously approved There were no public comments. 3 Mr. Salanitro asked if a draft resolution could be prepared. He stated that they are working with Aristotle Bournasas, Surveyor, for an overall site plan of the 148 acres. Mr. Salanitro stated he will not be available in person for the November Planning Board meeting and asked if he could present remotely. He also invited the Board for a site visit. 808 Weaver Street -AT&T Cellular Facility - Public Hearing Christopher Quinn, the Applicant's attorney, addressed the Board in connection with an application for site plan and special use permit approval. He further stated that he submitted the additional documents requested last month by the Planning Board and appeared before the CZMC, which gave a favorable review. Jeremy Keans described the plan, stating it is similar to the Verizon plan, with AT&T's antennas to be installed below the Verizon array. He further stated that AT&T has four sections with three antennas each, or 12 in all, whereas Verizon has four antennas in three sections. He further stated that antenna socks will be installed, to be the same color as the Verizon socks. Mr. Quinn asked that the public hearing be opened. Mr. Papazian asked if the Verizon antennas are working, and Mr. Quinn responded that they are waiting for a final inspection and for Con Ed to turn on the electricity. Motion: To open the public hearing Moved by Ira Block, seconded by John Cuddy Action: Unanimously approved Mr. Menkes, the Planning Board's radio frequency consultant, gave a summary of the radio frequency report. He explained that the proposed co-location is 107 feet above ground and 10 feet below the Verizon installation. He also confirmed the lack of cell service in the area, that the proposed location is the best position for the antennas and that they represent proper technology, at the appropriate height, and that expected level of radiation is well below the FCC limits. Mr. Menkes had previously submitted to the Planning Board a letter dated September 27,2021 in which he concluded that, in his professional opinion, the AT&T proposed cell site is both justified and appropriate. He reiterated the conclusion of that letter to the Board. Mr. Cuddy noted that on October 13, 2021 he had sent Mr. Menkes a series of follow-up questions based upon the September 27 letter and Mr. Menkes responded to those questions on the same date. Mr. Cuddy requested that his email, with annotations containing Mr. Menkes's responses, be entered into the record, and they were. Mr. Cuddy asked if the antenna array is properly considered a "low power" array, as described in the application by AT&T's RF engineer. Mr. Menkes responded that proposed antenna array was not low power, but that the AT&T assessment appeared to be a clerical error. Mr. Menkes did confirm, however, that the RF exposure to the general population of the combined AT&T and Verizon Wireless antennas would be well below established FCC limits. 4 Mr. Daniel Penesso, the radio frequency (RF) engineer for AT&T, explained the RF calculations. The Board discussed Mr. Menkes's report. The fact that AT&T's proposed cell site would be part of the FirstNet system was discussed. Mr. Wasp stated that the Town had no coverage during Hurricane Ida, due to a systemwide failure of emergency cellular facilities. With the AT&T antenna operational, it could be expected that Town and County first responders would be granted priority access to cellular channels for use in such emergencies. Mr. Menkes stated that all major wireless carriers install generators at cell sites to maintain coverage for a period of time during power outages. PUBLIC COMMENTS Allison Carroll, of 31 Bonnie Briar Lane, expressed her concern with RF ground level exposure, inasmuch as her home is situated at a high elevation relative to the antenna array. Mr. Menkes responded that these type of RF waves are not dangerous at her house because the distance is considerable and the emissions are well below the federally allowable limit. He further explained that, at a distance of 144 feet, a calculated radiation level equal to or below 4.2% of the FCC's maximum permissible exposure level (MPE) would be expected and is allowed under FCC regulations. Since her house is over 1000 feet away, the radio frequency exposure will be less than 1% of the MPE. In addition, he pointed out that not all of the antenna arrays are fully powered at any one time, further reducing the possibility of her house experiencing radiation at percentages of MPEs that would nearly approach the FCC limits. Furthermore, Mr. Menkes stated that ionizing radiation doesn't change the cell structure of mammals. He stated that the methodology used by AT&T to calculate the maximum permitted exposure limits employed a worst case scenario to ensure a safety margin. Ms. Aitchison and Board members discussed the draft Negative Declaration. Modifications were proposed, and Ms. Hochman read the changes into the record. Motion: To adopt the draft Negative Declaration, as modified Moved by John Cuddy, seconded by Elizabeth Cooney Action: Unanimously approved Mr. Quinn discussed the Board's prior request for a contribution to the Town's Tree Fund and explained that Homeland Tower paid the initial amount and is charging AT&T a portion of the amount paid, but that AT&T would like to make an additional $2,000.00 contribution to the Tree Fund. Mr. Wasp asked that AT&T coordinate with Homeland Tower to facilitate the installation of the Town's equipment, free of charge, while AT&T's equipment is being installed. Motion: To approve the draft resolution as modified Moved by John Cuddy, seconded by Elizabeth Cooney 5 Action: Unanimously approved RESOLUTION New Cingular Wireless PCS, LLC (AT&T) 808 WEAVER STREET TOWN OF MAMARONECK, NEW YORK On motion of John Cuddy, seconded by Elizabeth Cooney, the site plan and special use permit application of New Cingular Wireless PCS, LLC (AT&T) (the "Applicant") was APPROVED by the Planning Board of the Town of Mamaroneck (the "Board") upon the following resolution, which was unanimously adopted by a vote of 5 to 0, with no abstentions: WHEREAS, on December 9, 2020, the Board approved an application by Homeland Towers, LLC and New York SMSA Limited Partnership d/b/a Verizon Wireless (collectively, the "Prior Applicant") to install a new 120-foot self-supporting monopole (125 feet to top of fake branches) designed to resemble a pine tree (the "Monopole"), with a fenced equipment compound at the base; and WHEREAS, the Applicant has applied for site plan approval and a special use permit to collocate its antennas on the Monopole (the "Application") at property leased by Homeland Towers, LLC from Bonnie Briar Country Club located at 808 Weaver Street, Town of Mamaroneck, New York and known on the Tax Assessment Map as Section 2 Block 25, Lot 1.1 (the "Property"); and WHEREAS, Section 240-4 of Zoning Code of the Town of Mamaroneck (the "Zoning Code") defines "cellular telephone facility" as "All facilities, equipment, apparatus and devices used for cellular telephone communications;" and WHEREAS, the cellular telephone facility that is the subject of this Application consists of cell antennas, and mounts, to be mounted approximately 107 feet above the ground, with a four-sector configuration, and camouflaged to match the existing Monopole, a back-up generator, a 1,000- gallon propane tank, cables and other connections (the "AT&T Cellular Facility"); and WHEREAS, the Property is located in the "Recreation" zoning designation which, pursuant to Section 240-21.1(B)(3) of the Zoning Code, allows cellular telephone facilities as a specially permitted use; and WHEREAS, Section 240-19.1 of the Zoning Code states that no cellular telephone facility shall be used, erected, moved, reconstructed, changed or altered unless in conformity with the regulations of such section; and WHEREAS, the AT&T Cellular Facility is designed to improve wireless service along a portion of Weaver Street(Route 125)and surrounding local roads and areas in the vicinity of the Property; and WHEREAS, the Applicant has agreed to coordinate with the Town of Mamaroneck and Homeland Towers, LLC so as to provide free installation of, free access by the Town and its 6 representatives to, and rent-free space for the Town's emergency services devices, including, without limitation, antennas, cables and any backup power system the Town provides, on the Monopole and in the fenced-in area near it, as applicable; and WHEREAS, the Applicant has applied for site plan approval pursuant to Section 240-19.1 of the Zoning Code; and WHEREAS, the Town Building Inspector, in a memorandum dated September 30, 2021, stated: "After a review of the plans dated November 20, 2020 and last revised August 11, 2021, prepared by Jeremy K. McKeon, PE, for proposed telecommunication antennas and ground equipment at 808 Weaver Street, it is my opinion that the improvements are Zoning compliant per the Code of the Town of Mamaroneck" and WHEREAS, the Town retained Menkes Associates, LLC, a radio frequency engineering firm, as the Planning Board's consultant (the "Planning Board's RF Consultant") to review and, if appropriate, to substantiate the Applicant's statements about the present service coverage gap, the proposed reduced service coverage gap, and radiation from the proposed antennas, and to advise the Planning Board on other related issues; and WHEREAS, the Planning Board's RF Consultant issued a letter to the Planning Board, dated September 27, 2021 (the "RF Consultant's Letter"), that concluded that the Applicant provided adequate technical documentation to support the lack of reliable cellular service in the area under consideration and demonstrated that co-locating the proposed AT&T Cellular Facility on or at the Monopole will improve AT&T's cellular coverage in the area; and WHEREAS, the RF Consultant Letter's further stated that the Applicant provided data that confirms that the new and existing radiating equipment will generate radiation that will be at a level substantially below the FCC's maximum permissible exposure limit; and WHEREAS, pursuant to the requirements of Chapter 234 of the Town Code, the Coastal Zone Management Commission("CZMC")reviewed the Application at its September 27, 2021 meeting and issued a letter to the Planning Board, dated October 8, 2021 (the "CZMC Letter"), stating that the Applicant's proposal is consistent with the policies of the Local Waterfront Revitalization Program; and WHEREAS, during the course of the Planning Board's review, the Application was referred to the Town's Police Department, the Town's Fire Department and the Town's Emergency Services Department; and WHEREAS, after compliance with notification procedures set forth in Chapter 144 of the Town Code, the Planning Board opened a duly noticed public hearing relating to this Application on October 14, 2021; and WHEREAS, during the course of the Planning Board's review of the Application, the Planning Board reviewed and considered any and all comments, letters and emails submitted by Town residents and other interested parties, as well as any and all comments presented at the public 7 hearing; and WHEREAS,the members of the Planning Board are familiar with and have inspected the Property and have carefully considered the following: the Application, submissions, comments and responses to questions by the Applicant and its representatives, the CZMC Letter, the reports and comments of the Town's staff and consultants, any and all written comments submitted by members of the public and questions and any and all comments from interested members of the public at the public hearing; and WHEREAS, the Applicant offered to make a contribution to the Town's Tree Fund in the amount of two thousand dollars ($2,000.00) prior to the issuance of a certificate of completion (or equivalent document)to permit the operation of the AT&T Cellular Facility, to enable the planting by the Town of offsite trees to help screen the above-ground portion of the AT&T Cellular Facility; and WHEREAS,based upon its review of the record before it in this matter,the Planning Board makes the following findings: a) The proposed AT&T Cellular Facility will serve a community need and convenience. b) The location and size of the AT&T Cellular Facility is reasonable and appropriate. c) The proposed stealth design to blend with the Monopole, which resembles a pine tree with a dense, non-uniform branching pattern and antenna "socks" will blend with the visual characteristics of the surrounding landscape and soften its visual appearance. d) The Applicant's agreement, at its suggestion, to contribute two thousand dollars ($2,000.00) to the Town's Tree Fund will allow offsite planting to mitigate the visibility of the AT&T Cellular Facility. e) The AT&T Cellular Facility is in conformity with the purposes and intent of the Recreation Zone District and conforms to the requirements of Section 240-21.1 of the Zoning Code. f) Operations in connection with the AT&T Cellular Facility will not be more objectionable to nearby properties than the operations of any other use permitted in the Recreation Zone District not requiring a special use permit would be. g) As demonstrated by the Applicant's Visual Assessment Report, the visual impact of the AT&T Cellular Facility will be minimized due to its co-location on the existing Monopole, the Monopole's stealth design to resemble a pine tree, its placement near an area currently used for outdoor storage of machinery within a maintenance area of the Bonnie Briar Country Club, and offsite planting within the Sheldrake Environmental Center and Larchmont Reservoir-James G. Johnson, Jr. Conservancy funded by the Applicant's and the Prior Applicant's contributions to the Town's Tree Fund. h) As substantiated in the Planning Board's RF Consultant's Letter, the AT&T Cellular Facility is both justified and appropriate. 8 i) As confirmed by Town's professional staff and consultants to the Planning Board, the Application complies with the applicable requirements of the Zoning Code. WHEREAS, due to its location adjacent to a"Critical Environmental Area" as defined in Chapter 92 of the Town Code, the Board determined that the Proposed Action, which otherwise would have been an unlisted action under the New York State Environmental Quality Review Act ("SEQRA"), is a Type 1 action pursuant to the Environmental Quality Review regulations found in Chapter 92, Article 1 of the Town Code ("MEQR"); and WHEREAS, the Planning Board reviewed Part 1 of the Full Environmental Assessment Form submitted by the Applicant in support of the application, sought comments from all interested agencies and, based upon such information, and in consultation with the Town Environmental Planner, completed Part 2 of the Full Environmental Assessment Form. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby ADOPTS a determination of non-significance (the "Negative Declaration"), dated October 14, 2021, a copy of which will be kept on file with the Building Department. BE IT FURTHER RESOLVED,that the Planning Board hereby APPROVES the Application as reflected in the Plans (hereinafter defined) submitted in connection with the Application, subject to the following terms and conditions: 1. All site work shall be in accordance with the latest revised plans, as set forth below (hereinafter referred to as the"Plans") and as conditioned and/or modified in accordance with the direction of the Board, which modifications were agreed to by the Applicant: • Drawings titled: "N-384 MRNYC006870 808 Weaver Street", Sheets: T-1 —M-2,prepared by Azimuth Engineering Group, dated 11/20/20, revised 8/11/21 2. The Applicant shall submit plans, including, without limitation, color swatches, as applicable, reflecting all conditions or modifications referred to herein, for the review and approval of the Town Building Inspector and the Town Engineer prior to the granting of any building permits. 3. Any and all applicable federal, regional, state and county permits shall be obtained prior to the issuance of any Town permits. 4. In the event that subsequent events may require any modification to the Plans approved by this resolution, a determination shall be made by the Town Engineer, in consultation with the Town Building Inspector, as to whether the modification is substantial and thus should be further considered by the Planning Board. Without limiting the foregoing, any modification to add additional antennas, to alter the size, design and/or color of any of the proposed antennas, or to change the location of any of the proposed antennas shall be deemed substantial. 5. The Applicant will arrange a pre-construction meeting with the Town Building Inspector and the Town Engineer prior to any site disturbance. The Applicant shall submit a schedule for all earthwork and land disturbance to the Town Building Inspector for approval prior to 9 commencing site work. The Applicant shall notify the Town Building Inspector and Town Engineer at least 72 hours (not including weekends and holidays) in advance of any site disturbance to inspect the installation of erosion and sediment control devices and any other measures intended to mitigate construction impacts. 6. Work conducted under Town permits shall be open to inspection at any time, including weekends and holidays, by the Town Building Inspector, the Town Engineer, the Town Consulting Engineer, the Town Environmental Planner and/or their designated repre- sentative(s). 7. The term "Applicant" is used herein with the intent to impose a future obligation or condition on the Applicant, as defined above, and on any successor or assignee in/of an ownership or leasehold or any other interest the AT&T Cellular Facility, or in any portion thereof. 8. The Applicant shall address all outstanding technical review comments to the satisfaction of the Town Engineer prior to the issuance of any Town permits. 9. The Applicant shall be required to pay to the Town its actual cost of technical reviews, including, without limitation, consulting fees, prior to the issuance of any Town permits. 10. No construction or servicing vehicles for the AT&T Cellular Facility shall be parked, even momentarily, on Weaver Street or on residential streets in the vicinity of the Property. 11. The Special Use Permit shall expire on the first to occur of(a)(1) October 14, 2023, or (2) if all construction included on the site plan is not yet completed, and the Applicant's cellular antennas are not yet properly functioning, on October 14, 2022; or (b) if, after October 14, 2022, the Applicant's Cellular Facility is not functioning properly for more than nine (9) consecutive months for any reason, the special use permit shall expire at the end of such nine (9) month period. 12. Neither the Applicant nor the Prior Applicant will charge any rent or fees to the Town for the Town's use of the Monopole for its emergency services and public works devices, for the installation of said devices on the Monopole and/or for the running of cables inside the Monopole from such devices to their power source within the Cellular Facility. Conditions to be satisfied prior to the issuance of a building permit: 13. The Applicant shall submit final plans, including detailed structural plans and color swatches, to the satisfaction of the Town Building and Engineering Departments. Such plans and swatches shall also indicate, to the satisfaction of the Town Environmental Planner, that the Applicant's installation on the Monopole, including, without limitation, the Applicant's supports, antennas, visible cables and socks, will match the coloring of the fake branches on the Monopole. 14. Prior to the issuance of a certificate of completion (or equivalent document) to permit the operation of the AT&T Cellular Facility, the Applicant shall make a contribution of two 10 thousand dollars($2,000.00)to the Town's Tree Fund, for offsite plantings,primarily on public property from which the above-ground portion of the AT&T Cellular Facility may be visible. 15. The Applicant shall post a bond, to cover the cost of maintenance, removal and disposal of the AT&T Cellular Facility, with a surety, in an amount, in a form and with provisions satisfactory to the Town's Building Department (and the Town's attorneys and/or consultants, as the case may be) to ensure that the propane tank is kept filled, as described below, to ensure that the AT&T Cellular Facility is maintained, and to cover the cost of the removal and disposal of the AT&T Cellular Facility if the Special Use Permit (and any extensions thereof) expires as described above and is not renewed within six (6) months after it expires (the "Bond"). Conditions to be satisfied prior to the issuance of a certificate of completion: 16. All antennas, radio heads and other devices installed on the Monopole shall be camouflaged to the maximum extent possible with "socks" to match the color of the fake branches, as indicated on the Plans hereinabove referenced. Conditions which shall survive the issuance of a certificate of completion: 17. The Applicant shall be responsible for the performance of any/all special inspections by third party entities in accordance with Chapter 17 of the NYS Building Code (Structural Tests and Special Inspections) with true and complete copies of any/all inspection reports furnished to the Building Department by the Applicant within sixty(60) days after receipt by the Applicant. 18. The Applicant's 1000-gallon propane tank to power the Applicant's generator providing backup power to the Applicant's antennas shall be kept at least ninety percent (90%) full of propane at all times, except while fueling the generator to which it is attached during an electrical power outage and, even then, shall be kept at least fifty percent (50%) full of propane. 19. No antenna, radio head or similar device to be installed on the Monopole shall protrude beyond the fake branches on the Monopole. All shall maintain the stealth design with matching "socks" to provide camouflage. All shall be well within the structural limits of the Monopole. 20. All "socks" shall be promptly replaced when necessary (as determined by the Town's Environmental Planner), which shall include if torn, if not totally attached to the applicable antenna, and/or if the color of the "sock" does not match the color of the fake branches on the Monopole in the vicinity of the applicable "sock." 21. There shall be no removal of fake branches in connection with installation of any antennas, radio heads and similar devices except temporarily, for up to an aggregate of five (5) consecutive working days(per installation)on which such devices are actively being installed. Any fake branches that break or fall off shall be promptly replaced by matching fake branches from a source other than the Monopole. 22. Any unused antennas and/or remote radio heads shall be promptly removed if not used for more than six (6) consecutive months for any reason. 11 23. The Applicant shall renew, and keep in full force and effect, the above-referenced Bond, the amount and sufficiency of which may from time to time, in the Town Engineer's discretion, be adjusted to account for increased costs of maintenance and/or removal and disposal, as the case may be. 24. Pursuant to Section 204-19.1(2) of the Zoning Code, the Applicant shall pay all costs of adapting the existing cellular facility to the new shared use, including, but not limited to, structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes determined by the Town Engineer to be appropriate to accommodate the shared use. 25. In consultation with the Town Building Department and its communications vendor, the Applicant shall pay for the installation of all Town requested and supplied Town emergency equipment on the Monopole, including the installation of the above-described cabling within the Monopole, free of charge, shall coordinate such installation with the Town's communications vendor, and shall give the Town at least fourteen (14) days' prior written notice of when the Town's materials are to be delivered and of where they are to be delivered. The installation of the Town's ground equipment, by the Town and/or its vendor(s), can happen at any time, free of charge, and the Town and its vendors shall be provided with unhindered access to its equipment for installation, maintenance and replacement. This decision is hereby certified as true and correct and shall be filed with the Town Clerk. Mr. Quinn thanked the Board and staff and stated that he hopes the cellular facility will be operational by the end of the year. Mr. Engel requested that the FirstNet equipment be ordered for AT&T to install and Mr. Wasp stated that he will follow up. NEW BUSINESS Mr. Wasp stated the moratorium on teardowns will expires on October 31" The Town's swimming pool regulations were discussed. Mr. Cuddy stated that the Board has had several applications for swimming pools in environmentally sensitive areas. He and Town staff met to look for gaps in the Town Code with respect to the discharge of water in a manner so as not to pollute wetlands and watercourses throughout the Town. As a result of such discussions, several amendments to the Town Code with respect to swimming pools were drafted for submission to the Town Board, the Town staff and Town attorney for review and consideration for formal adoption. The Board discussed the proposed regulations with Mr. Oliveri and Mr. Wasp, who explained applicable guidelines and requirements imposed by the New York Department of Environmental Conservation. 12 Mr. Papazian voiced concern about requiring a sealed room for storage of noxious chemicals as being too costly to homeowners, and it was agreed that requiring storage in sealed containers was sufficient. Motion: To convey a memorandum to the Town Board prepared by Mr. Cuddy, with proposed regulations for pools in the form of amendments to the existing Town Code, as modified after discussion by the Board Moved by John Cuddy, seconded by Ira Block Action: Unanimously approved ADJOURNMENT The meeting was adjourned at 10:54 P.M. Prepared by Francine M. Brill Planning Board Secretary 13