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2001-01-16 .- ~ -.... ~ 1 MINUTES Town of Wappinger Zoning Board of Appeal MEETING DATE: January 16, 2001 TIME: 7:30 p.m. Members Present: Mr. Lehigh, Chairman Mr. diPiemo, Member Mr. Prager, Member MINUTes APPROVE:O FEB 1 3 2001 Zoning Board of Appeals Summarized Minutes January 16,2001 Town Hall 20 Middlebush Road Wappinger Falls, NY Mr. Fanuele, Member Mr. Warren, Member Others Present: Mrs. Gale Secretary to Zoning Mrs. Lukianoff, Zoning Administer SUMMARY PUBLIC HEARING Cervalis, LLC Variance Granted PUBLIC HEARING Appeal No. 00-7080 Cervalis. LLC seeking variance approval of noise levels for three (3) UPS generators outside the building in the general vicinity of the loading dock in support of its business. The property is located at 165 Myers Comer Road and is identified as Tax Grid No. 6258-03-350303 in the Town of Wappinger. Page 1 of5 .- '-' Mr. Prager made motion of open the Public Hearing Mr. Warren seconded the motion All voted - Aye Mr. Lehigh: Called applicant, state your name and your request. Mr. Michael Boccardi; - President and CEO of Cervalis, our application is for a variance for sound ordinance for the town and the Zoning Board of Appeals - we leased 70,000 sq. feet of a facility previously occupied by IBM on Myers Comers Rd. our business is an Internet services company that absolutely requires uninterrupted power to our business. The Myers Comers facility is ideal for this type of application. It is fed from two separate power stations - two separate power feeds come into the actual site and apparently even without an emergency power back-up system there is very reliable power to the site based on research that we've done. We haven't been able to identify any outages in that area to that particular site except for a tiny little blip. ~ That being said - it being a requirement for our customers, I won't get any customers unless I have back-up emergency standby power. We are installing up to three (3) generators; those generators would not operate unless there is a loss of power from those two (2) power feeds coming from two (2) separate sub-stations. Both of them would have to be down for those generators to operate for any given amount of time. The generators will be tested on a once a month basis, during daylight hours, 30 minutes apiece, each individually. Initially, we will only install two (2) generators, the third (3rd) generator will be installed later on down the road, if we had enough equipment in our computer center to require at least two (2) generators to be up at any give time. The way the generators are hooked-up, we start with two generators, we only really need one, and the second one is there in case the first one doesn't start. We install the two generators, if the two power feeds were to go down to the site, both generators would start, as soon as one saw that the other one was running the second one would shut down, and only one generator would run. We spent some money and had a sound engineer run a sound study. Based on different locations, based on the property lines, what the study shows is that we are in full compliance to all of the properties, except for one property line, which is directly across from us, which is also a commercial property. To all residential areas, we are in full compliance and have plenty of buffer within the code. The one location that we exceed the decibel level for the town ordinance is directly across, and that is a commercial building. '-' Page 2 of5 .- ~ Mr. Boccardi - Cont'd. The Board has on file, a letter from the owner of that building, which is Emerald Technologies, indicating they do not have a problem with the Board and the Town approving a variance for us to install these generators. I would like to stress and re-stress, that is an emergency stand-by power, only. This is not that we are going to generate our own electricity to run the computers on a day-to-day basis. The actual decibel level - one generator operating at position one (closest to the property line) is 60dbs. With three generators it's at 65dbs. - three generators will never operate for any given amount oftime. If in fact I have three generators installed and the power gets lost in two of those feeds, the three generators would start and one of them would shut down as soon as it saw at least the other two were running. We'll never have a need to have three generators running full- there's always one extra generator on the site. '-' Given the unlikely event that these generator will ever have to run, given the fact that we are in full compliance in all residential property lines, and given the fact that our overage is still within a reasonable sound lever - even to a commercial property line and that commercial property owners has agreed it's not going to create an undo burden on them, we are asking the Board and the Town to approve this variance for us. Mr. Lehigh: The variance is for 15% - exceed the noise level at night, only by 15% for one generator and 21 % for two generators? Mr. Boccardi: That's correct - ifit were three generators for approx. 3-4 mins. And that three would run the other one would shut down. There would never be a sustained overage of more than 21 %. Mr. Lehigh: I need a motion for Lead Agency Mr. DiPiemo: I so motion Mr. Warren: Second All voted Aye Mr. Lehigh: I also need a motion for NEG DEC. Mr. Prager: So motioned Mr. Warren: Second \.... Page 3 of5 All in Favor - Aye ~ Mr. Lehigh: I have two letters, one from Emerald Technologies and one from Grace Bible Church, present in evidence, letters show being in favor. Does anyone have any questions? Any questions from the audience? Audience: Mr. Joe Healy Mr. Healy: Stated his name and address as 2 Fenmore Drive My question is - we are directly across from the plant on Fenmore Dr. right on the comer. Mr. Boccardi: Asked Mr. Healy to show him on the map where his house is located. Mr. Healy: Where exactly would the generators be located? Mr. Boccardi: Shows Mr. Healy on the map, see the buildings on Myers Comers Rd., They'd be behind the building; they'd be shielded by the building. ~ Mr. Healy: What you're saying is - we will never hear these generators? Mr. Boccardi: You would hear a truck going by your house at three times the noise level these generators will make. Mr. Healy: Thank You Mr. Lehigh: Motion of close Public Hearing Mr. Fanuele: Motioned to close Mr. Prager: Second All in Favor - Aye Mr. Lehigh: Need a motion on the variance Mr. Prager: I make a motion to approve the variance Mr. Lehigh: The 15% and 21 %? Mr. Prager: Yes, does not see any problem with. . .. \.... Page 4 of5 '-' \... '--' '" Mr. Warren: Second Roll Call Vote: Mr. DiPierno Mr. Warren Mr. Lehigh Mr. Prager Mr. Fanuele Granted Granted Granted Granted Granted Mr. Lehigh: The variance is granted Mr. Fanuele: Motion to adjourn the Public Hearing Mr. Prager: Second All in Favor - Aye Meeting ended at 7:50PM Page 5 of5 Respectfully Submitted, ~1-'ciJLL D. s0"~ Michelle D. Gale, Secretary Zoning Board of Appeals