2 Harbor Road, Port Washington, New York
January 7, 2010
Present: Mayor Frederick E. Nicholson
Trustee Charles Comer
Trustee Douglas Baldwin
Trustee Alice M. Peckelis
Village Attorney Christopher Prior
Treasurer Laurence Tuck
Village Clerk Yvonne Whitcomb
Also present: Ann Mathisen, Jim Cancel, Adam Walters, Gene Caiola, James and
Marilyn Sacrestano, Nina Bernstein
Mayor Nicholson opened the regular meeting at 7:30PM with the Pledge of Allegiance, led by Trustee Baldwin.
1. Village Clerk
On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the reading of the minutes of the December 3, 2009 Board of Trustees meeting be waived and they be and hereby are approved as presented by Clerk Whitcomb.
A. Abstract of Vouchers
On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the audited Vouchers presented by Treasurer Tuck, dated January 7, 2010 for the General Fund totaling $83,071.60 be and hereby are approved.
3. New Business
A. Village Procurement Policy
On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to adopt the annual Village of Baxter Estates Procurement Policy as revised by Village Attorney Prior to incorporate recent amendments to the competitive bidding thresholds, a copy of which is attached to these minutes.
B. Village Election Registration Day
On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED that no Village Registration Day would be held this year.
C. Village Election
On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that 2 Harbor Road, Port Washington be designated as the Official Polling place for the Village Election to be held on March 16 from Noon to 9:00PM.
4. Old Business
A. T-Mobile Application
The Board discussed the application, for which the public hearing had been closed on December 3, 2009. Village Attorney Prior noted that the Board would need to adopt a resolution under SEQRA with respect to the application as a preliminary matter. After discussion, upon motion duly made and seconded, the Board unanimously adopted the following resolution:
BOARD OF TRUSTEES OF THE VILLAGE OF BAXTER ESTATES
RE: APPLICATION BY T-MOBILE NORTHEAST LLC FOR
APPROVAL OF INSTALLATION OF WIRELESS COMMUNICATIONS ANTENNAS
RESOLUTION ADOPTING NEGATIVE DECLARATION UNDER SEQRA
WHEREAS, in September 2009, T-Mobile Northeast LLC (the “Applicant”), presented an application (the “Application”) to the Board of Trustees of the Village of Baxter Estates (the “Board”), requesting that the Board issue a Special Exception Permit for the installation of wireless communications antennas mounted behind stealth screening on the roof of an existing three-story building located at 299-305 Main Street in the Village of Baxter Estates (“Site”) with additional equipment to be located in the basement (“Project”); and
WHEREAS, pursuant to Article 8 of the New York Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended (the “SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, et. seq., as amended (the “Regulations” and collectively with the SEQR Act, “SEQRA”), the Board must satisfy the applicable requirements of SEQRA prior to rendering a determination with respect to the proposed action; and
WHEREAS, the proposed action is an Unlisted action, with respect to which the Board is acting as Lead Agency, and has conducted an uncoordinated review of the Project to determine whether it will have a significant adverse impact on the environment; and
WHEREAS, to aid the Board’s review, the Applicant submitted to the Board detailed information about the Project and the potential impacts of the Project including but not limited to: Applicant’s Letter of Intent dated September 3, 2009, from counsel to Applicant Phillips Lyttle LLP, with associated appendices, including the Short Environmental Assessment Form (“EAF”); detailed Site Plans; and RF Propagation Maps; Supplemental Letter of Intent, dated September 30, 2009, with associated appendices, including Photo Simulations; information on neighboring T-Mobile sites; an FCC Compliance Report; and a Supplemental Letter of Intent dated November 30, 2009, from counsel to Applicant Phillips Lyttle LLP (collectively, the “Project Environmental Documents”).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF BAXTER ESTATES AS FOLLOWS:
Section 1. Based upon a thorough review and examination of the Project Environmental Documents, the Board’s knowledge of the area surrounding the Site, consultation with the Village Attorney, and analysis of the list of activities that are Type I Actions under Section 617.4 of the SEQRA regulations, the list of activities that are Type II Actions under Section 617.5 of the SEQRA regulations, and the criteria for determining significance outlined in Section 617.7 of the SEQRA regulations, and such further investigation of the Project and its environmental effects as the Board has deemed appropriate, the Board, as Lead Agency, makes the following findings with respect to the proposed action:
(A) The Board is undertaking an uncoordinated environmental review of the proposed action pursuant to SEQRA; and
(B) The proposed action is an Unlisted action pursuant to SEQRA.
Section 2. No potentially significant impacts on the environment are noted in the EAF and none are known to the Board.
Section 3. Based upon the foregoing investigations of the potential environmental impacts of the proposed action and considering both the magnitude and importance of each environmental impact indicated, the Board makes the following determinations with respect to the proposed action.
The Project will not have a significant adverse impact upon the environment. The reasons supporting this determination are as follows:
1. During the public hearings held by the Board with respect to the Application, the Applicant submitted revised site plans, submitted in response to concerns of the Board and the residents about impacts from the Project on neighboring properties. The revised site plans significantly decrease the Project’s rooftop footprint, thereby reducing the visual impact and minimizing the screening to give the Project the appearance of rooftop chimneys.
2. The Project conforms with Village Code standards for wireless telecommunications facilities. Thus, the Project will not have a significant impact on land use and zoning.
3. The Project will not impact on water quality in the area.
4. The Applicants’ engineers have represented that the Project will not generate significant air emissions. The Board has been advised by counsel that it is precluded by federal law from basing its decisions with respect to the application on any claims of harmful RF emissions.
5. The Project will be located on the rooftop of an existing three-story building, with additional equipment located in the basement. Thus, the Project will not have a significant impact on plants and animals.
6. There are no agricultural resources in the area of the Site, thus the Project will not have any impact on agricultural resources.
7. Board members and residents expressed concern regarding the potential visual impact of the Project and the screening provided to surrounding residences and commercial establishments. Additional photo simulations submitted to the Board on November 5, 2009 and on December 3, 2009 and in previous submittals demonstrate that the Project will be designed to be compatible with the building’s architecture and design by employing screening of the antennas and equipment, as well as existing HVAC and other roof-top equipment, using the same colors and similar materials that will blend in with the appearance of the building. Thus, the Project will not have significant impacts to aesthetic resources.
8. The Project will not impact any cultural or historic resources, as the Project will be designed to be compatible with the historic architecture and design of the building. Also, the Project will not require any ground disturbance. Therefore, the Project will not significantly impact any cultural or archeological resources.
9. There are no public open spaces, recreation or critical environmental areas on or immediately contiguous to the portion of the Site to be developed; thus the Project will not have any adverse impact upon open space, recreation and/or critical environmental areas.
10. The Project will not have any significant adverse impacts on traffic levels, because the Project will not generate significant traffic.
11. The Project will not significantly impact energy resources, as the Project will be accommodated by existing utility infrastructure and no new off-Site infrastructure will need to be constructed.
12. The Project will not significantly impact noise or odor levels as the Project will not generate significant noise or odors.
13. The Project will not significantly impact public health. The Board expressed concern regarding potential exposure of members of the community to radio frequency (“RF”) emissions emanating from the Project. In response to these concerns, the Applicant provided information and a safety report explaining the Project’s compliance with FCC standards for RF emissions and the unlikelihood of exposure of community members to RF emissions that would present a danger to their health and safety.
Section 4. This Resolution constitutes a negative declaration for the proposed action.
The Board then discussed the substance of the application that discussion included questions of the Village attorney and of representatives from the applicant.
B. Nina Bernstein, on behalf of Muriel Landsberg, 5 Tianderah Road
Nina Bernstein spoke about her concerns regarding the impact that the on-going construction on the properties above on Locust Avenue were having on the property at 5 Tianderah Road. Trustee Peckelis advised that she had looked at the properties involved, and that Building Inspector Saladino had issued Order To Remedy’s to the owners of 21 and 23 Locust Avenue, copies of which are attached to these minutes.
Executive Session 9:29PM
On motion of Trustee Comer, seconded by Trustee Baldwin, the Board voted unanimously to enter into Executive Session to discuss possible litigation matters.
At 10:35PM, the Mayor stated that Executive Session had concluded, and that no action had been taken by the Board in Executive Session.
There being no further business before the Board, on motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 10:36PM