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Resolution to Classify the Action Under SEQRA and Schedule a Public Hearing on Whether the Colocation an Antenna on an Existing Telecommunications Tower Should be Subject to the Village's Zoning Law

↑Meetings/Resolutions/35-2018
One-time (complete)formal_resolutionone_timeThe Project is classified as an unlisted action under SEQRA, and a public hearing is scheduled for January 14, 2019, at 7 p.m. to determine whether the T-Mobile antenna colocation on the municipal water tower should be exempt from Village zoning requirements under the Monroe Balancing Test.
First seen
2018-12-20
Latest event
2018-12-20
adopted
Expires
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Resolution text

RESOLVED

  1. that the Village Board of Trustees hereby determines that the Project is an unlisted action under SEQRA for which an uncoordinated review will be conducted
  2. that the Board of Trustees shall hold a public hearing on January 14, 2019, at 7 p.m. at the Village Hall, 7467 South Broadway, Red Hook, New York on whether or not the Project should be exempt from the requirements of the Village's Zoning Law in accordance with the nine-factor Monroe Balancing Test set forth in Matter of County of Monroe v. City of Rochester, 72 NY2d 338 (1988)
  3. that the Village Clerk is authorized and directed to publish notice of said public hearing in the official newspaper of said Village once on or before January 3, 2018 which is not less than ten days prior to the date of said public hearing, and to post notice of the public hearing on the bulletin board and village website
Show preamble — 8 WHEREAS clauses
  • WHEREAS, T-Mobile Northeast LLC has requested that the Village enter into a lease agreement to collocate an antenna and related facilities on an existing municipally owned telecommunications tower (the "Project") located at 21 Tower Street, Red Hook, NY 12572 (the "Property")
  • WHEREAS, a short Environmental Assessment Form ("EAF") dated December __, 2018, has been prepared pursuant to the State Environmental Quality Review Act ("SEQRA")
  • WHEREAS, the Village Board of Trustees has performed a preliminary review of the proposed Project and the EAF and said Board is required to determine the classification of a proposed action
  • WHEREAS, the Property is located within the R10,000 Zoning District
  • WHEREAS, a telecommunication antenna is not listed as a permitted use in the R10,000 Zoning District
  • WHEREAS, cellular phone towers have been declared by the Court of Appeals to be a public utility facility and municipalities must provide a reasonable opportunity for cellular companies to exist and serve the market
  • WHEREAS, in determining whether a municipal action is exempt from zoning regulations, the Village must consider the balancing of public interests approach set forth in Matter of County of Monroe v. City of Rochester, 72 NY2d 338 (1988), including, the nature and scope of the instrumentality seeking immunity; the encroaching government's legislative grant of authority; the kind of function or land use involved; the effect local land use regulation would have upon the enterprise concerned; alternative locations for the facility in less restrictive zoning areas; the impact upon legitimate local interests; alternative methods of providing the proposed improvement; the extent of the public interest to be served by the improvements; and intergovernmental participation in the project development process and an opportunity to be heard (the "Monroe Balancing Test")
  • WHEREAS, in accordance with the case of Crown Communication New York, Inc. v. Department of Transportation of the State of New York, 4 NY3d 159 (2005), governmental immunity from zoning may be extended to private partners through contractual agreements for the installation of telecommunication equipment on municipal land

Lifecycle (1 event)

2018-12-20adoptedvote: unanimous
Classify the T-Mobile antenna colocation project as an unlisted SEQRA action and schedule a public hearing for January 14, 2019, to determine whether the project should be exempt from the Village's Zoning Law.
moved by Blundell · seconded by Kovalchik
Show text snapshot for this event
Resolved
  1. that the Village Board of Trustees hereby determines that the Project is an unlisted action under SEQRA for which an uncoordinated review will be conducted
  2. that the Board of Trustees shall hold a public hearing on January 14, 2019, at 7 p.m. at the Village Hall, 7467 South Broadway, Red Hook, New York on whether or not the Project should be exempt from the requirements of the Village's Zoning Law in accordance with the nine-factor Monroe Balancing Test set forth in Matter of County of Monroe v. City of Rochester, 72 NY2d 338 (1988)
  3. that the Village Clerk is authorized and directed to publish notice of said public hearing in the official newspaper of said Village once on or before January 3, 2018 which is not less than ten days prior to the date of said public hearing, and to post notice of the public hearing on the bulletin board and village website
Whereas
  • WHEREAS, T-Mobile Northeast LLC has requested that the Village enter into a lease agreement to collocate an antenna and related facilities on an existing municipally owned telecommunications tower (the "Project") located at 21 Tower Street, Red Hook, NY 12572 (the "Property")
  • WHEREAS, a short Environmental Assessment Form ("EAF") dated December __, 2018, has been prepared pursuant to the State Environmental Quality Review Act ("SEQRA")
  • WHEREAS, the Village Board of Trustees has performed a preliminary review of the proposed Project and the EAF and said Board is required to determine the classification of a proposed action
  • WHEREAS, the Property is located within the R10,000 Zoning District
  • WHEREAS, a telecommunication antenna is not listed as a permitted use in the R10,000 Zoning District
  • WHEREAS, cellular phone towers have been declared by the Court of Appeals to be a public utility facility and municipalities must provide a reasonable opportunity for cellular companies to exist and serve the market
  • WHEREAS, in determining whether a municipal action is exempt from zoning regulations, the Village must consider the balancing of public interests approach set forth in Matter of County of Monroe v. City of Rochester, 72 NY2d 338 (1988), including, the nature and scope of the instrumentality seeking immunity; the encroaching government's legislative grant of authority; the kind of function or land use involved; the effect local land use regulation would have upon the enterprise concerned; alternative locations for the facility in less restrictive zoning areas; the impact upon legitimate local interests; alternative methods of providing the proposed improvement; the extent of the public interest to be served by the improvements; and intergovernmental participation in the project development process and an opportunity to be heard (the "Monroe Balancing Test")
  • WHEREAS, in accordance with the case of Crown Communication New York, Inc. v. Department of Transportation of the State of New York, 4 NY3d 159 (2005), governmental immunity from zoning may be extended to private partners through contractual agreements for the installation of telecommunication equipment on municipal land
Subject key: t_mobile_tower_lease