HomeMy WebLinkAboutPBA-06/29/2020 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex Irag S®Ur P.O.Box 1179
54375 State Route 25 ®�� /�®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) Q
Southold NY Telephone: 631765-1938
www.southoldtovmny.gov
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c®UNT`1,� RECEIVED
PLANNING BOARD OFFICE J U L 1 3 2020
TOWN OF SOUTHOLD
Southold Town Clerk
SPECIAL MEETING AGENDA
Monday,June 29, 2020
3:00 p.m.
This meeting is public; however it does not constitute a public hearing. Testimony from
the public may not be solicited nor received. The Planning Board may add or remove
applications from the Agenda upon its discretion,without further notice. Applications
may not be heard in the order they appear on this agenda.
This special meeting will be held virtually via the Zoom online platform. Pursuant to
Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the
public will not be permitted.
Options for public attendance:
• Online at the website zoom.us,click on"join a meeting" and enter the
information below.
Zoom Meeting ID: 975 6490 9968
Password: 526060
• Telephone:
Call 1(646)558-8656
Enter Meeting ID and password when prompted (same as above)
Southold Town Planning Board Special Meeting — June 292020 — Page 2
DETERMINATION:
Oregon Storage Warehouses —This site plan is for the proposed construction of a
±69,360 sq. ft. self-storage facility, and includes the construction of six (6) storage
buildings: three 12,000 sq. ft. 1-story buildings, two 11,880 sq. ft. 1-story buildings, and
one 9,600 sq. ft. 1-story building. Also included is the conversion of an existing 797 sq.
ft. garage to an office, an existing dwelling to remain, and 20 proposed parking stalls all
on 5.7 acres in the Light Industrial Zoning District. The property is located at 11900
Oregon Road, Cutchogue. SCTM#1000-83-3-5.3
DETERMINATION:
Cell Tower at Laurel Stone —This proposed Site Plan is for a 110' tall wireless
communication facility (cell tower) with a Mattituck Fire District antenna to a total height
of 119'6". This includes one Verizon section at 100' -110' above ground level (a.g.l), two
AT&T antenna sections 80' - 100' a.g.l. and three (3) empty 10' sections for possible
future co-location (all concealed within the pole), along with a 2,500 sq. ft. area for
proposed associated ground equipment. There are ±5,078 sq. ft. of existing buildings
including a stone supply yard and associated accessory structures, all on 1.6 acres in
the General Business Zoning District. The property is located at 7055 Route 25,
Mattituck. SCTM#1000-122-6-35.4
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex rjF SQu P.O. Box 1179
54375 State Route 25 O�� TyOI Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) Q
Southold, NY Telephone: 631 765-1938
www.southoldt ownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 30, 2020
John Coughlin, Esq.
c/o Re, Nielsen, Huber & Coughlin, LLP
36 North New York Avenue
Huntington, NY 11743
Re: Approval: Proposed Site Plan'for Laurel Stone Cell Tower
Located at 7055 Main Road Mattituck, NY 11952
SCTM#1000-122.-6-35.4 Zoning District: General Business (B)
Dear Mr. Coughlin:
The following resolutions were adopted at a meeting of the Southold Town Planning Board on
June 29, 2020:
WHEREAS, this proposed Site Plan is for a 110' tall wireless communication facility (cell
tower) with a Mattituck Fire District antenna to a total height of 119'6". This includes one -
Verizon section at 100' -1 10' above ground level (a.g.l), two AT&T antenna sections 80' - 100'
a.g.l. and three (3) empty 10' sections for possible future co-location (all concealed within the
pole), along with a 2,500 sq. ft. area for proposed associated ground equipment. There are
±5,078 sq. ft. of existing buildings including a stone supply yard and associated accessory
structures, all on 1.6 acres in the General Business Zoning District; and
WHEREAS, on August 24, 2017, an application for Special Exception & Site Plan Approval
for a wireless communication facility consisting of a 120' tall monopole for Verizon and AT&T
and Mattituck Fire District's emergency communication antennas at 7055 State Route 25, in
Mattituck, also the location of Laurel Stone Supply, was submitted for review; and
WHEREAS, on September 27, 2017, pursuant to §280-74A(4) of the Town Code, the
Planning Board authorized Cityscape Consultants, Inc. to assist the Board in reviewing and
evaluating the proposed wireless application; and
WHEREAS, the Southold Town Planning Board reviewed the applications together with their
independent technical consultant, Cityscape, who issued reports on November 1, 2017 and
November 6, 2017; this review required additional information to be submitted; and
WHEREAS, on May 11, 2018, the applicant submitted additional information that was
accepted for review and a public hearing was set; and
Wireless Facility cr. Laurel Stone Pae 12 June 30, 2020
WHEREAS, on July 9,,2018 the public hearing was conducted and held open because it was
not properly noticed and for additional information from the applicant; and
WHEREAS, on August 3, 2018, the applicant submitted additional information; and
WHEREAS,'on September 21, 2018 the applicant submitted additional information; and
WHEREAS, on November 30, 2018, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined the project to be
inconsistent with Southold Town LWRP policies; and
WHEREAS, on December 3, 2018, the Planning Board, pursuant to the State Environmental
Quality Review Act (SEQRA), granted a Conditioned Negative Declaration; and
WHEREAS, on December 3, 2018, the Planning Board found the application inconsistent
with the LWRP; and
WHEREAS, on December 3, 2018, the Planning Board granted a Conditional Special
Exception Approval; and
WHEREAS, the Planning Board found that the site plan application could not be approved as
submitted, as detailed in the Planning Department staff report dated December 3, 2018. The
Planning Board acknowledges, however, that there is a need for improved cell and
emergecy communications services, and that the application, if modified, could be approved
after certain conditions were met; and
WHEREAS, on December 3, 2018, the Southold Town Planning Board granted a Conditional
Site Plan approval for the Wireless Communications Facility at 7055 NYS Route 25 Mattituck
with nine (9) conditions required to be met prior to a final Site Plan approval resolution:
........................................................................00.......0E
Conditions:
1. Reduce the height of the tower to meet Town Code= 80'.
2. Add vegetated screening to the site to better meet the code and reduce visual
impacts.
3. Add green privacy slats to the chain link fence surrounding the equipment compound
to reduce visual impacts.
4. Re-evaluate the visual impact of the new height and whether the location of the
tower should be moved to be better screened by the existing building.
5. Supply more details regarding the access road to the site and whether a new
driveway is being proposed.
6. Structural corroboration from the Town's independent consultant regarding the
reduced fall zone is received.
7. Re-evaluate the radio emissions Maximum Permissible Exposure at new height.
8. Submit revised Special Exception and Site Plan applications with plans and
associated required information reflecting the reduced tower height and other
conditions above.
Wireless Facility Ca) Laurel Stone Pae 13 June 30..2020
9. Referral comments from relevant agencies based on the revised plans are received
and addressed, including but not limited to the NYSDOT, Southold Town Engineer
(stormwater runoff prevention), Town Fire Marshal (fire apparatus access), LIRR,
and SC Planning Commission.
WHEREAS, Elite Towers, L.P. and'the Mattituck Fire District commenced an action in federal
court challenging the conditional approval; and
WHEREAS, on February 10, 2020, the Town of Southold entered a Settlement Agreement
with Elite Towers, L.P. signed by John Coughlin, Esq., authorized attorney for Plaintiffs; and
WHERIFAS, on February 10,'2020, the Southold Town Planning Board ratified the Stipulation
of Settlement in the litigation entitled "Elite Towers, L.P. and the Mattituck Fire District V. The
Town of Southold and the Planning Board of the Town of Southold"; and
WHEREAS, the Stipulation of Settlement details the December 3, 2018 condition
requirerments as follows:
Condition of the December 3, 2018 is modified, amended, and replaced with and/or
No. j Resolution satisfied b
1. Reduce the height of the tower The wireless communications tower's height shall be
to meet Town Code—80' limited to 110'-0", not including the height of the
Mattituck Fire District antenna(s) which will be
attached to the top of the tower. Plaintiffs agree not to
seek any extension of the height of the wireless
communications tower or the proposed Mattituck Fire
District antenna from the Town, at any time, by any
method or means.
2. Add vegetated screening to In lieu of the landscaping required in Town Code
the site to better meet the §280-70N(4), §280-72A(6) and (9), three (3) Zelcova
Code and reduce visual or Linden trees shall be planted along the street, at
impacts. the portion of the,lot abutting Route 25. Said trees
shall be approximately 2-3" dbh (diameter at breast
height, aka "caliper"), spaced approximately 30 —40
feet apart, on center. Survivability of these trees shall
be guaranteed and maintained by the applicant for the
life of the installation..
3. Add green privacy slats to the Green privacy slats shall be added to the chain link
chain link fence surrounding fence surrounding the equipment compound to
the equipment compound to reduce visual impacts. The wireless communications
reduce visual impacts. tower shall be blue/gray color.
4. Re-evaluate the visual impact Plaintiffs have satisfied this requirement by submitting
of the new height and whether revised plans moving the location of the wireless
the location of the tower communications tower approximately 8— 10 feet to
should be moved to be better the South/Southwest of its current proposed location
screened by the existing so that the view of the bottom of the tower from the
building., public vantage point of the intersection of Bray
Avenue, Old Main Road and State Route 25 is
obscured by the adjacent building and the building to
the southeast on the adjacent property. -
5. Supply more details regarding Removed. Plaintiffs have submitted revised site plan
the access road to the site and drawings, revision 7 dated February 7, 2020,
Wireless Facility Laurel Stone Pae 14 June 30, 2020
whether a new driveway is indicating that they are not seeking a new driveway
being proposed curb cut
6. Structural corroboration from See below.
the Town's independent
consultant regarding the
reduced fall zone is received.
7. Re-evaluate the radio Removed.
emissions Maximum
Permissible Exposure at new
height.
8. Submit revised Special Plaintiffs to file original counterpart estimates of the
Exception and Site Plan revised site plan drawings, revision 7 dated
applications with plans and 2/07/2020, copies of which were provided at the
associated required February 10, 2020 work session, within five (5)
information reflecting the business days
reduced tower height and
other conditions above.
9. Referral comments from See below.
relevant agencies based on
the revised plans are received
and addressed, including but
not limited to the NYSDOT,
Southold Town Engineer,
Town Fire Marshall, LIRR and
SC Planning Commission
WHEREAS, on February 10, 2020, John Coughlin, Esq., authorized agent, submitted revised
plans and information for review; and
WHEREAS, on February 13, 2020, the Planning Board, pursuant to Southold Town Code
§280-131 C. and the Stipulation of Settlement, distributed the application to the required
agencies for their comments; and
WHEREAS, on February 24, 2020, John Coughlin, Esq., authorized agent, submitted
additio on al information for review; and
WHEREAS, on February 24, 2020, the Suffolk County Planning Commission (SCPC)
provided comments to the Planning Board and determined that the proposed action is a,
matter for local determination,; and
WHEREAS, on February 24, 2020, the Southold Town Engineer provided comments to ,the
Planning Board pursuant to §236; and
WHEREAS, on March 17, 2020, the Town of Southold closed its offices to essential
employees only in response to the COVID-19 Public Health pandemic; and
I
WHEREAS, on March 19, 2020, the Long Island Railroad (LIRR) provided comments stating
that Crane test information, drawings and calculations were required to be provided in order
for a Letter of No Objection to be issued; and
Wireless Facility (a-)- Laurel Stone Pae 15 June 30, 2020
WHEREAS, at a virtual Work Session held on June 15, 2020, the Planning Board reviewed
and compared the revised site plans and information submitted to the Stipulation of
Settlement and found that with exception a Letter of No Objection from the LIRR and Fall
Zone corroboration from Cityscape, all applicable requirements of the Site Plan Regulations
Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; and
WHEREAS, the Planning Board has found that the reduction in height, as detailed in the
Stipulation of Settlement, to 110' from 120', will meet the need for Emergency
Communications as detailed by the Mattituck Fire District; and meet service Verizon Wireless
and AT&T carrier needs at the lowest height practicable; and
i
WHEREAS, pursuant to §280-76.2, in approving a site plan or special exception, the
Planning Board may waive or modify [the following] criteria if it finds that the goals and stated
purposes of this article are better served by doing so, and that there is no detriment to the
public health, safety and welfare; and
WHEREAS, pursuant to §280-701(2), Maximum height: 80 feet. In commercial zones, where
co-location will achieve the result of fewer antenna support structures, the Planning Board
may modify the eighty-foot height restriction with the condition that the antenna support
structure be constructed so that antennas can be installed at any height on the structure, and
that the overall height of the structure can be reduced if antennas are moved to lower
heights. No antenna support structure shall remain at a height that is taller than that required
by installed and operational antennas. The applicant must show that co-location of other
carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located
in the same area as the proposed structure; and
WHEREAS, pursuant to the Stipulation of Settlement, the wireless communications tower's
height shall be limited to 110'-0", not including the height of the Mattituck Fire District
antenna(s) which will be attached to the top of the tower. Plaintiffs agree not to seek any
extension of the height of the wireless communications tower or the proposed Mattituck Fire
District antenna from the Town, at any time, by any method or means. The applicant-provided,
information to demonstrate that the overall height of the structure was required for the
Mattituck Fire District to be able to improve their emergency communications by being able to
add their, antennas to the top of the monopole. In addition, the applicant has shown that at
least two wireless carriers will co-locate on this facility, Verizon and AT&T. The Mattituck Fire
Department highlighted the fact that this area of Laurel is in critical need for improved
emergency communications due to the topography and distance to the next communications
facility to the west; and that the proposed height of the monopole and the MFD
communications antenna at the top will be at the height necessary to better serve those
needs; and
WHEREAS, pursuant to §280-701(3), Minimum distance of all wireless equipment to adjacent
residential property lines or streets shall be no less than 500 feet. This setback requirement
may be modified by the Planning Board upon a showing by the applicant that the actual
distance of the antenna support structure to the residential structure is minimized to the
greatest extent possible; and
WHEREAS, the Southold Town Planning Board reviewed the request to waive §280-701(3)
for the minimum distance of all wireless equipment to adjacent residential property lines and
i
i
Wireless Facility CaD_ Laurel Stone Pae 16 June 30, 2020
found that the wireless communication facility is 560 to the nearest residential structure and
approximately 370' to the nearest residential property line, opposite NYS Route 25. The
height of the pole has been reduced to 110 and relocated approximately 10 feet to the
South/Southwest, green privacy slats are included around the proposed ground equipment
compound which is behind the existing storage structure. Three (3) street trees along NYS
Route 25 will be planted; and
WHEREAS, pursuant to §280-72A(6), Scenic landscapes and vistas: the requirement of
planting of surrounding tree coverage and foliage to account for existing vegetation and land
contours may be modified by the Planning Board but only in cases where it can be shown
that the existing vegetation achieves the purpose of concealing the structure; and
WHEREAS, the Planning Board reviewed the request to waive §280-72A(6), Scenic
landscapes and vistas: the requirement of planting of surrounding tree coverage and foliage
to account for existing vegetation and land contours may be modified by the Planning Board
but only'in cases where it can be shown that the existing vegetation achieves the purpose of
concealing the structure; and
WHEREAS, pursuant to the Stipulation Settlement Agreement, three (3) Zelcova or Linden
trees shall be planted along the street, at the portion of the lot abutting Route 25. Said trees
shall be;approximately 2-3" dbh (diameter at breast height, aka "caliper"), spaced
approximately 30 —40 feet apart, on center. Survivability of these trees shall be guaranteed
and maintained by the applicant for the life of the installation. Further, green privacy slats
shall be added to the chain link fence surrounding the equipment compound to reduce visual
impacts.!The wireless communications tower shall be blue/gray color; and
WHEREAS, pursuant to §280-70N(4), Base equipment shelter landscaping: the requirement
of planting of screening vegetation may be modified by the Planning Board in cases where it
can be shown that existing screening accomplishes the goal of concealing the base
equipment shelter from other properties and roads; and
WHEREAS, the Planning Board reviewed the request to waive §280-70N(4) for base
equipment and shelter landscaping and pursuant to the Stipulation Settlement Agreement,
the wireless communications tower was relocated approximately 10 feet to the
South/Southwest of the original proposed location, so that the view of the bottom of the tower
from the;public vantage point of the intersection of Bray Avenue, Old Main Road and State
Route 25 is obscured by the adjacent building and the building to the southeast on the
adjacent property. The ground equipment compound is located behind an existing storage
building concealing the base equipment shelter from other properties and roads; and
WHEREAS, on June 23, 2020, the Southold Town Chief Building Inspector reviewed and
certified the proposed Wireless Communication Facility as a permitted use in the General
Business (B) Zoning District; and
WHEREAS, on June 24, 2020, the LIRR stated that a Letter of No Objection regarding the
proposed action will be issued; and
WHEREAS, the Southold Town Planning Board, in their Special Exception Approval
resolution on June 29, 2020, and pursuant to Part 617, Article 6 of the Environmental
Conservation Law acting under the State Environmental Quality Review Act, determined that
I
Wireless Facility Ca? Laurel Stone Pae 17 June 30, 2020
due to the reduction in overall height to 110', the relocation of the monopole behind an
existing building, additional landscaping and ground equipment concealed by green privacy
slats; the plan meets the Negative Declaration condition and mitigates moderate; adverse'
impacts to aesthetics, consistency with community plans and consistency with community
character to the greatest extent practicable; ,and
WHEREAS, at their public meeting on June 29, 2020, the Planning Board granted approval to
the Special Exception Application for this site; be it therefore
RESOLVED, that the Southold Town Planning Board hereby waives §280-701(2) of the Town
Code for the maximum height of 80 feet in this General Business (B) Zone as described
above; and be it further
I
RESOLVED, that the Southold Town Planning Board waives §280-701(3) for the minimum
distance,of all wireless equipment to adjacent residential property lines as described above;
and be it further
RESOLVED, that the Southold Town Planning Board waives §280-70A(6) for scenic
landscapes and vistas as described above; and
RESOLVED, that the Southold Town Planning Board waives §280-70N(4) for base
equipment and shelter landscaping, as described above; and be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront Revitalization
Program; and be it further
RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan
entitled "Laurel Stone", prepared by Gregory Nawrotzki, P.E., last revised on February 7,
2020, and authorizes and directs the Chairman to endorse the Site Plan.
Please note the following requirements in the Southold Town Code relating to Site Plans:
1.; No exterior light fixtures were approved for this wireless communications
application. All exterior lighting shall comply with the provisions of Chapter 172 of
the Town Code. Any future exterior light fixtures must be reviewed for compliance
and approved by the Planning Board prior to installation.
2.1, All storm water run-off from grading, driveways and gravel areas must be contained
on site.
3. Approved Site Plans are valid for eighteen months from the date of approval, within
which time all proposed work must be completed, unless the Planning Board grants
an extension. `
4. Any changes from the Approved Site Plan shall require Planning Board approval.
5. Prior to the issuance of a Certificate of Occupancy, the Planning Board must
inspect the site to ensure it is in conformity with the Approved Site Plan, and issue
Wireless Facility (�i,) Laurel Stone Pae 18 June 30, 2020
a final site inspection approval letter. Should the site be found not in conformance
with the Approved Site Plan, no Certificate of Occupancy may be issued unless the
Planning Board approves the changes to the plan.
A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to
the Building Department and the Town Engineer/Highway Department.
If you have any questions regarding the above, please contact this office.
Respectfully,
Donald J. Wilcenski
Chairman
Encl.
cc: Building Department with map
Town Engineer with map
By signing this letter, the applicant acknowledges that there are Town Code
requirements and conditions, including those listed above, that must be satisfied prior
to the issuance of a Certificate of Occupancy.
Print name: , Applicant/Agent
Signature: Date:
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 O��OF S�Ujy�l Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold NY Telephone: 631 765-1938
www.southoldtownny.gov
CA
�y00UNT`I,�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 30, 2020
John Coughlin, Esq.
c/o Re, Nielsen, Huber & Coughlin, LLP
36 North New York Avenue
Huntington, NY 11743
Re: Approval and SEQRA Determination: Special Exception for Wireless Facility @
Laurel Stone
Located at 7055 Main Road Mattituck, NY 11952
SCTM#1 000-122.-6-35.4 Zoning District: General Business (B)
Dear Mr. Coughlin:
The Southold Town Planning Board adopted the following resolutions at a meeting held on
Monday, June 29, 2020:
WHEREAS, on August 24, 2017, an application for Special Exception & Site Plan Approval
for a wireless communication facility consisting of a 120' tall monopole for Verizon and AT&T
and Mattituck Fire District's emergency communication antennas at 7055 State Route 25, in
Mattituck, also the location of Laurel Stone Supply, was submitted for review; and
WHEREAS, the Southold Town Planning Board reviewed the above-referenced request for
a Special Exception for a 110' tall wireless communication facility (cell tower) with a Mattituck
Fire District antenna to a total height of 119'6". This includes one Verizon section at 100' -
110' above ground level (a.g.l), two AT&T antenna sections 80' - 100' a.g.l. and three (3)
empty 10' sections for possible future co-location (all concealed within the pole), along with a
2,500 sq. ft. area for proposed associated ground equipment. There are ±5,078 sq. ft. of
existing buildings including a stone supply yard and associated accessory structures, all on
1.6 acres in the General Business Zoning District; and
WHEREAS, on December 3, 2018, the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act §617.6, established itself as lead agency for this Unlisted
Action; and
WHEREAS, on December 3, 2018, the Planning Board, pursuant to the State Environmental
Quality Review Act (SEQRA), granted a Conditioned Negative Declaration; and
Wireless (aD_ Laurel Stone Pae 2 June 30, 2020
WHEREAS, the Planning Board found that the application could not be approved as
submitted, as detailed in the Planning Department staff report dated December 3, 2018. The
Planning Board acknowledges, however, that there is a need for improved cell and
emergency communications services, and that the application, if modified, could be approved
after certain conditions were met; and
WHEREAS, on December 3, 2018, the Planning Board granted a Conditional Special
Exception Approval; and
WHEREAS, beginning in-January 2019, Elite Towers, L.P. and the Mattituck Fire district
commenced litigation against the Town of Southold and the Town of Southold Planning
Board challenging the aforementioned conditional special exception approval; and
WHEREAS; on February 10, 2020, the Town of Southold entered a Settlement Agreement
with Elite Towers, L.P. signed by John Coughlin, Esq., authorized attorney for Plaintiffs; and
WHEREAS, on February 10, 2020, the Southold Town Planning Board ratified the Stipulation
of Settlement in the litigation entitled "Elite Towers, L.P. and the Mattituck Fire District v. The
Town of Southold and the Planning Board of the Town of Southold"; and
WHEREAS, on March 17, 2020, in a state of emergency response to the COVID-19 public
health pandemic , the Town of Southold closed its offices to non-essential employees
including the Planning Department; and
WHEREAS, on June 15, 2020, the Southold Town Planning Board determined that due to the
settlement agreement in the aforementioned litigation, the applicant has satisfied the
requirements for a Special Exception pursuant to Town Code Section 280-73 and Section
280-142; and the additional standards for a Special Exception in Town Code Section 280-
73B by reducing the visual impact of the proposed wireless facility to the greatest extent
practicable and helping meet the need for improved emergency communications in the
Mattituck Fire District; and
WHEREAS, the Southold Town Planning Board pursuant to Part 617, Article 6 of'the
Environmental Conservation Law acting under the State Environmental Quality Review Act,
determines that due to the settlement agreement in the aforementioned litigation which
required the reduction in overall height to 110', the relocation of the monopole behind an
existing building, additional landscaping and ground equipment concealed by green privacy
slats; the plan meets the Negative Declaration condition and mitigates moderate, adverse
impacts to aesthetics, consistency,with community plans and consistency with community
character to the greatest extent practicable. Plaintiffs agree not to seek any extension of the
height of the wireless communications tower or the proposed Mattituck Fire District antenna
from the Town, at any time, by any method or means; and
WHEREAS,,the wireless communications tower was relocated approximately 10 feet to the
South/Southwest of the original proposed location, so that the view of the bottom of the tower
from the public vantage point of the intersection of Bray Avenue, Old Main Road and State
Route 25 is obscured by the adjacent building and the building to the southeast on the
adjacent property. The proposed ground equipment is located behind an existing storage
building concealing the base equipment shelter from other properties and roads; and
Wireless . Laurel Stone Pae 13 June 30, 2020
WHEREAS, on June 23, 2020, the Southold Town Building Inspector reviewed the plan and
certified that the proposed Wireless Communication Facility is a permitted use in the General
Business (B) Zoning District; therefore, be it
RESOLVED, that the Southold Town Planning Board hereby finds and determines that the
standards for Special Exception Approval have been met; and be it further
RESOLVED, that after deliberation of the application and consideration of the above factors,
the Southold Town Planning Board grants a Special Exception for the Wireless
Communications Facility as shown in the Site Plan Application for "Laurel Stone" prepared
by Gregory Nawrotzki, P.E., last revised on February 7, 2020.
Please also note the following requirements in the Southold Town Code relating to Special
Exceptions:
1. Any Special Exception Approval granted under this article shall have a term of five
years, commencing from the granting of the Special Exception, which may be
extended for an additional five-year term upon application to the Planning Board.
2. On a renewal application, the applicant shall demonstrate that the wireless
communication facility is in compliance with all applicable laws, rules and
regulations and with all of the conditions of the Special Exception Approval and
Site Plan, that the facility is necessary to provide adequate service, and that there
is no reasonable alternative available to the owner which will provide adequate
service without the continuing use of the facility.
3. Subsequent Special Exception renewals shall be subject to review by the Planning
Board and subject to such standards that shall be included in the Town Code at
that point in time.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
Donald J. Wilcenski
Chairman
Encl.
cc: Town Engineer
Building Dept.
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ISO P.O. Box 1179
54375 State Route 25 O�� jyOl Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) O
Southold, NY � � Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 30, 2020
Mr. Martin Kosmynka
P.O.-Box 946.
Cutchogue, NY 11935
Re: Site Plan Approval: Site Plan for Oregon Road Storage
11900 Oregon Road, Cutchogue
SCT`M#-t000=83:-3=5:3- Zoning-District: Light-Industrial-(Ll)-
Dear Mr. Kosmynka: ;
The following resolution was adopted at a meeting of the Southold Town Planning Board
on June 29, 2020:
WHEREAS, this site plan is for the proposed construction of a ±69,360 sq.,ft. self-storage
facility, and includes the construction of six (6) storage buildings: three 12,000 sq. ft. 1-
story buildings, two 11,880 sq. ft. 1-story buildings, and one 9,600 sq. ft. 1-story building.
Also included is the conversion of an existing 797 sq. ft. garage to an office, an existing
dwelling to remain, and 20 proposed parking stalls all on 5.7 acres in the Light Industrial
Zoning District; and
WHEREAS, on August 2, 2019 and August 9, 2019, Martin Kosmynka, owner, submitted a
Site Plan Application for review; and
WHEREAS, on August 19, 2019, the Southold Town Planning Board determined the
application as incomplete for review and required sufficient plans and information to be
submitted; and
WHEREAS, on September 25, 2019, Martin Kosmynka, owner, submitted a Site Plan
Application fee and other information for review; and
Oregon Road Warehouse Storage Page 2 June 30, 2020
WHEREAS, on October 10, 2019, October 28, 2019 and October 30, 2019, Martin
Kosmynka, owner, submitted revised Site Plan sheets and other information for review;
and
WHEREAS, on November 4, 2019, the Planning Board accepted the application as
complete for review; and
WHEREAS, on November 4, 2019, the Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is
an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it
meet any of the criteria on the Type II list of actions; and
WHEREAS, on November 21, 2019, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments; and
WHEREAS, on December 13, 2019, Martin Kosmynka, owner, submitted a request to the
Planning Board to commence interior work to the pre-existing dwelling by relocating an
existing bedroom and constructing an ADA compliant rear access; and
WHEREAS, on December 23, 2019, the Architectural Review Committee (ARC) approved
the proposed action as submitted; and
WHEREAS, on December 26, 2019, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on January 2, 2020, the Planning Board granted permission of the December
13, 2019 request for interior work in the pre-existing dwelling to begin prior to site plan
approval; and
WHEREAS, on January 8, 2020, the Suffolk County Department of Health Services
(SCDHS) determined that a wastewater permit is required; and
WHEREAS, on January 13, 2020, a Public Hearing was held and closed; and
WHEREAS, on January 22, 2020, the Suffolk County Planning Commission (SCPC)
provided comments regarding the proposed action; and
WHEREAS, on January 23, 2020, Martin Kosmynka, owner, submitted a request to the
Planning Board to demolish the existing swimming pool to be removed and commence
interior conversion work to convert the existing garage to an office with no building footprint
expansion; and
WHEREAS, on January 27, 2020, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined the project to be
consistent with Southold Town LWRP policies with recommendations to the Planning
Board; and
Oregon Road Warehouse Storage Pace June 30, 2020
WHEREAS, on January 30, 2020, the Planning Board granted permission to proceed with
demolishing the existing pool and interior conversion work to the existing garage prior to
site plan approval, and
WHEREAS, on February 17, 2020, the Southold Town Engineer reviewed the proposed
application and determined that revisions to the site plan were required in order to meet
the minimum requirements of Chapter 236 for Storm Water Management. The required
revisions were incorporated into the Grading and Drainage plan; and
WHEREAS, on February 21, 2020, Martin Kosmynka, owner, submitted a request to the
Planning Board to commence planting of front yard landscaping; and
WHEREAS, on February 26, 2020, the Southold Town Fire Inspector reviewed and
determined that the buildings were required to be constructed with fire suppression
sprinklers, and that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on March 2, 2020, the Planning Board granted permission to proceed with the
front yard landscape plantings prior to site plan approval; and
WHEREAS, at a Work Session on March 9, 2020, the Southold Town -Planning-Board
reviewed the proposed application and required revisions to the Site Plan to make it
comply with various applicable sections of the Town Code; and
WHEREAS, on March 9, 2020, the Southold Town Planning Board, as Lead Agency
pursuant to SEQRA, made a determination of non-significance for the proposed action and
granted a Negative Declaration; and
WHEREAS, on March 13, 2020, the Suffolk County Department of Health Services
(SCDHS) granted approval for this project under their reference #C10-19-0006 for
"Multiple Uses Per Plan at 1,298gpd"; and
WHEREAS, on March 17, 2020, in a state of emergency response to the COVID-19 public
health pandemic , the Town of Southold closed its offices to non-essential employees
including the Planning Department; and
WHEREAS, on March 24, 2020, Martin Kosmynka, owner, submitted a,revised site plan,
grading & drainage plan, photometric plan, SCDHS plan and Erosion & Planting Plan for
review; and
WHEREAS, on May 26, 2020, the Town of Southold re-opened its offices to non-essential
employees at'50% capacity; and
Oregon Road Warehouse Storage Page 4 June 30, 2020
WHEREAS, at their virtual work session held on June 15, 2020, the Southold Town
Planning Board reviewed the revised site plan, revised photometric plan, revised erosion
control & planting plan, and the approved SCDHS plan; and
WHEREAS, on June 15, 2020, the Southold Town Planning Board determined that all
applicable requirements of the Site Plan Regulations, Article XXIV, §280 Site Plan
Approval of the Town of Southold were met; and
WHEREAS, on June 23, 2020, the Southold Town Chief Building Inspector reviewed and
certified the proposed Warehouse Storage as a permitted use in the Light Industrial (LI)
Zoning District; therefore be it
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program; and be it further
RESOLVED, that the Southold Town Planning Board hereby grants Approval with
Conditions, listed below, of the site plan entitled "Oregon Warehouse Storage" prepared
by Kenneth H. Beckman, L.S., dated May 2019, and last revised June 16, 2020, and
authorizes the Chairman to endorse the site plan.
Conditions
1. All exterior lighting on the property shall comply with the provisions of Chapter 172 of
the Town Code and the lighting plan of the approved site plan. Any future exterior light
fixtures not shown on the approved site plan must be reviewed for compliance and
approved by the Planning Board prior to installation.
2. All exterior signage on the property, shall comply with Town Code. Any future signage
not shown on the approved site plan must be reviewed for compliance and approved by
the Planning Board prior to installation.
3. All trees and landscaping are required to be maintained by the property owner as
shown on the approved site plan. Should a tree die or otherwise be destroyed, it must
be replaced by the property owner with the same species and size as shown on the
approved site plan during the next planting season for the particular plant material.. Any
change in tree or landscaping species must be approved in writing by the Planning
Board.
Please also note the following requirements in the Southold Town Code relating to,Site
Plans:
1. All storm water run-off from grading, driveways and gravel areas must be contained
on site.
Oreqon Road Warehouse Storage Page 5 June 30, 2020
2. Proposed storm water run-off containment systems must be inspected by the Town
Engineer at the time of installation. Please call the Southold Town Engineer prior to
beginning this work.
3. Approved Site Plans are valid for eighteen months from the date of approval, within
which time all proposed work must be completed, unless the Planning Board grants
an extension.
4. Any changes from the Approved Site Plan shall require Planning Board approval.
5. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect
the site to ensure it is in conformity with the Approved Site Plan, and issue a final
site inspection approval letter. Should the site be found not in conformance with the
Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning
Board approves the changes to the plan
A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent
to the Building Department and the Town Engineer/Highway Department.
If you have any questions regarding the above, please contact this office.
Respectfully,
tom+'
Donald J. Wilcenski
Chairman
Encl.
cc: Michael Verity, Chief Building Inspector
Michael Collins, Town Engineer
By signing this letter, the applicant acknowledges that there are Town Code requirements
and conditions, including those listed above, that must be satisfied prior to the issuance of
a Certificate of Occupancy.
Print name. Applicant
Signature
Date:
,