Controversial Topics Highlight Brunswick Meetings
by Doug La Rocque
A car dealer, duplexes and a cell tower were the main topics of discussion within the past week before the Brunswick Planning Board and Zoning Board of Appeals (ZBA). One proposal, for the cell tower, came before both boards.
Blue Sky Towers, doing business as Verizon Wireless, has been before the Planning Board since last fall, with a proposal to construct a tower on land at the intersection of Creek Road and Menemsha Lane. The company originally proposed three possible sites, one lower on the slope but tall enough to require marker lighting, one at 150 feet and the third at 80 feet in height. All three sites met with strong neighborhood opposition at a public hearing, which followed a so called “balloon fly” with different colored balloons flying at the height of the three proposed tower locations.
Since then, David Brennan of the law firm of Young and Sommer, who represents the applicants, has returned to the planning board with a new proposal that includes a “stealth” monopole disguised to look like a pine tree. At the Thursday, July 16 meeting he proposed this for the 80 foot site, as well as a new site at 90 feet. He presented the board with more than 20 simulations from a second “balloon fly” that dealt with just these two locations. While the applicant’s original site of choice was at the 150 foot height, the company now feels the 80 foot site is the best, because it takes advantage of the topography and existing tree cover.
Mr. Brennan was back before the ZBA on Monday, July 20, where he repeated his proposed changes. Both boards must approve the public utility variance, but Attorney Andy Gilchrist reminded the ZBA, it cannot act until the Planning Board makes a decision on the State Environmental Quality Review. The Planning Board has declared itself to be lead agency on the SEQRA review and a possible decision is on the agenda for the August 6 meeting.
Brunswick Road Duplexes
A request by Charles Farrell to build a pair of duplexes on Brunswick Road (NYS Route 2) also met with opposition at a recent public hearing. The site had originally been approved for the construction of two four bedroom single family homes, but Mr. Farrell has now asked to build two duplexes, designed for a pair of two bedroom family units. Several board members expressed their concerns, siting what they called a lack of adequate parking, and whether rental units versus single family homes is a good “fit” for the existing neighborhood. There were also concerns expressed as to how these units might impact water levels of nearby homes. Mr. Farrell countered he could add extra parking and screen it with vegetation, that the exterior of the units give the appearance of a ranch style home, and that the rear entrance is at ground level to accommodate anyone who would have difficulty with stairs. He also mentioned the construction of a storage shed by the occupants was permissible, and that there was a common cellar with a firewall, that could also help with any storage concerns.
Attorney Gilchrist mentioned he still needed to review the SEQRA form with board engineer Wayne Bonesteel, so the matter was tabled to the August 6 meeting.
A proposal by Sean Gallivan to create three new lots from property that has been previously subdivided on Deepkill Road, was also pushed back to that August 6 meeting as Engineer Bonesteel said he still has further review to do on the septic design and stormwater report.
Oh What A Difference A Few Inches Make
The ZBA is dealing with a request from Usman Rashid to construct a new building on property located at 793 Pawling Avenue for an automobile sales lot and repair shop, that the owner says will only be used to work on cars that are for sale, not open to the general public.
At the public hearing, several neighbors expressed concerns about the hours of operation, noise, lighting, proximity to a bus stop, and the fact the only remaining part of the previous structure, a 15 inch wall that now appears to be acting as retaining wall, is 7 inches over the property line. Attorney Gilchrist asked that applicant to submit a legal opinion on this encroachment, which he reviewed and announced any encroachment by a new structure would be illegal.
Mark Danskin, representing the applicant, said they have a new site plan, that put the back wall of the new building flush to the existing wall, but does not make that existing wall part of the new structure. Building Inspector Chuck Golden said any such construction would require a flashing between the two walls to prevent water from seeping in, but Attorney Gilchrist was very strong in his opinion as to safety concerns, should the sloping behind the structure give way, possibly endangering the neighboring property and any occupants of the building. He strongly advised the ZBA request an engineering report from the applicant, which it did.
The board also approved a motion requiring the applicant to establish an escrow account to pay for a review of the engineering report by the board’s engineer, Ron Leberge. Mr. Danskin said he hoped to have this accomplished in time for the ZBA’s next meeting, August 17.