October 19, 2009
Planning Board Minutes
Oswego Town Hall
Chair: Jeffrey Boyer
Town Board Members: Francis Dellamano, Lee Phillips,
Barry Pritchard, Richard Tesoriero, Judy Sabin-Watson, Vacant
Attorney To The Board: Stephen Greene, Jr.
Secretary: Joyce Molinari
Meeting called to order by Chairman Jeffrey Boyer at 7:00PM

Present: Jeffrey Boyer, Francis Dellamano, Lee Phillips, Barry Pritchard, Richard Tesoriero, Judy Watson and Stephen Greene, Jr.

No Absences

Chairman Boyer read the agenda for the meeting.

Motion made to accept the minutes of the September 19, 2009 meeting with no comment by Judy Watson.
2nd – Lee Phillips. Carried

Old Business – none

New Business – Public Hearing 2009-4 Perry Bertsch 858 County Route 20 Oswego, NY for a Wind Turbine

A Site Plan Review was presented and all applications have been filed. Letter received from Oswego County approving the plan.

Conor Kays representing Mr. Bertsch submitted paperwork. A Short Form SEQR will be submitted.

Jeff Boyer passed out information on siting considerations.

Francis Dellamano questioned the siting of the project being the highest point of the land. Why was it sited where it is? Why was it not sited further back?

Conor Kays explained the project. Tower height 131.5’. Positive approval from the neighbors. Cost prohibited to move it further back.

Planning Board – no comments from neighbors. Signatures have been submitted. Let the record show that 19 signatures of affected residents have been obtained with 25 residents being notified of the Public Hearing pertaining to the Bertsch project. Two of the adjacent residents have submitted letters in favor of the project. No one from the Community attended the Public Hearing or submitted comments to the Planning Board.

Barry Pritchard – project will not meet set back requirements as it is presented.

Conor Kays – project can moved over with no problem in order to meet set back.

Jeff Boyer presented the Town of Oswego Local Law 2-2008 concerning Wind Energy Conversion Systems. (Copy attached). Site Plan drawn by a licensed professional must be presented.

Conor Kays presented the following regarding this Local Law:

1. Tower height 120’, 131.5’ finished, Blades 11’, 22’ diameter
2. Utility lines along roadway
3. Partially wooded
4. Will be moved to meet set back
5. Auto control – mechanical, automatic over speed controls to keep blades from spinning too fast.
6. Sound – 40 decibels at 40’
7. Emergent Technology, such as, Department of Energy; approval through NYSERDA
8. Compliance – will present wet stamp
9. Compliance with FAA – platform will be inspected before tower can be installed.
10. Compliance with National Electric Code – FAA regulated
11. Compliance with State Environment Review Act - SEQR
12. Transmission Lines – underground, buried in conduit
13. Electromagnet Interference (EMI) – no EMI, not an issue

Francis Dellamano – for future applicants, application should reflect all requirements for the Planning Board.

Conor Kays – the following will be submitted:

1. Engineering analysis, wet stamp
2. Short SEQR
3. Line drawing
4. EMI – signed statement from engineer on letterhead
5. New Site Plan

Jeff Boyer – Code Enforcement requirements:

1. Bonding proof
2. On site inspection by owner every 2 years with report submitted to CEO
3. Abandonment – not used in a 12 month period considered abandoned and must be removed at property owners expense.
4. Penalties – violations
5. Severeability

Conor Kays – tower pegs 16’ up, no way to climb tower.

Jeff Boyer – what needs to be presented:

1. Set back – C.K. can be moved 20’ West to comply
2. System approval by NYSERDA – ok by Board
3. Building Code compliance – Engineering analysis and wet stamp – determined to be unnecessary
4. One line diagrams – determined to be unnecessary
5. Short SEQR
6. EMI Analysis
7. Bond – 10% of construction to protect the Town from project being abandoned – determined to be unnecessary

Judy Watson – what is the time frame?

Conor Kays – waiting for Grant. Won’t be moving before 62 days. Would like to get permit within one month.

(confusion concerning start of Public Hearing) – officially opened at 7:45PM

No other discussion

Motion to close Public Hearing – Francis Dellamano
2nd – Richard Tesoriero. Carried

Jeff Boyer – Board will meet in one month, will have necessary paperwork, will review part one and make a negative declaration and if all requirements at met, we can make a decision at that time.

Public Comment – none

Open Board Discussion

Jeff Boyer – all PB members attended the training session in Hastings. All in compliance for 2009.

Barry Pritchard – what determines cost of building permit? Bertsch project too much.

Motion to adjourn – Lee Phillips
2nd – Judy Watson. Carried

Respectfully submitted:

Noreen Ruttan
Secretary Planning Board
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