HomeMy WebLinkAboutPBA-08/21/2023 OFFICE LOCATION: ®�OSUF¢�C�COG MAILING ADDRESS
Town Hall Annex P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd.&Youngs Ave.) w Telephone: 631-765-1938
Southold,NY ®y �� www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
REC'EIV�D
MEMORANDUM AUS Z�
soulhOld Town. Clerk
To: Denis Noncarrow, Town Clerk
From: Jessica Michaelis, Planning Department
Date: August 22, 2023
Re: August 21, 2023 Planning Board Special Meeting
Attached please find the Final Agenda and Approved Resolutions from the
August 21, 2023 Planning Board Special Meeting. A Records Transmittal Form has
been submitted to Records Management.
MAILING ADDRESS:
PLANNING BOARD MEMBERS pF SO(/j�o Soto Box 1179 11971
DONALD J.WILCENSKI �� l�
Chair
OFFICE LOCATION:
JAMES H. RICH III Town Hall Annex
MARTIN SIDOR �pQ 54375 State Route 25
PIERCE RAFFERTY (cor.Main Rd. &Youngs Ave.)
AMELIA JEALOUS-DANK COU Southold,NY
Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SPECIAL MEETING AGENDA
Monday, August 21, 2023
4:00 p.m.
Options for public attendance:
♦ In person:
Location: Southold Town Hall, 53095 NYS Route 25, Southold. .-
or
♦ To join via computer
Click Here
or
Online at the website zoomms
Click "Join a Meeting"
Meeting ID: 833 8106 5034
Password: 187449
♦ Join by telephone:
Call 1 (646) 558-8656
Enter Meeting ID and password when prompted (same as above)
Southold Town Planning Board Public Meeting —August 21, 2023 — Page 2
SITE PLAN APPLICATION
SITE PLAN DETERMINATION:
T-Mobile Colocation at Laurel Stone Cell Tower—This amended wireless communications
application is for a proposed T-Mobile colocation between 60'-80' a.g.l. on an approved existing 110'
tall concealed monopole, along with associated ground equipment within a 220' sq. ft. lease area
inside an existing fenced-in compound. There are two carriers already located on this tower along
with equipment from the local fire district. 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 Main Road, Mattituck. SCTM#1000-122-6-35.4
BOND DETERMINATION
BOND RELEASE:
The Estates at Royalton - This approved standard subdivision,is for the subdivision of a 36.9
acre parcel into 12 lots where Lots 1-11 equal,0.7 acres each, and Lot 12 equals 12 acres,
located in the A-C Zoning District. This subdivision includes 15.2 acres of open space and 1.7
acres for a proposed road. The property is located at 55 Cox Neck Road, approximately 490
feet north of Sound Avenue, Mattituck. SCTM#1000-113-7-19.23
MAILING ADDRESS:
PLANNING BOARD MEMBERS �Qf SaUt� P.O. Box 1179
DONALD J.WILCENSKI ®� ®�® Southold, NY 11971
Chair
OFFICE LOCATION:
JAMES H.RICH III Town Hall Annex
MARTIN SIDOR ® �� 54375 State Route 25
PIERCE RAFFERTY ®�� oa (cor.Main Rd. &Youngs Ave.)
AMELIA JEALOUS-DANK COUI�,`® Southold, NY
Telephone: 631 765-1938
www.s outhol dtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 22, 2023
Dino Mara
71 15th Avenue
Sea Cliff, NY 11579
Re: Release of Performance Guarantee
Clustered Standard Subdivision for The Estates at Royalton
Located at 55 Cox Neck Road, approximately 490 feet north of Sound Avenue,
Mattituck
SCTM#1000-113-7-19.23 Zoning District: AC
Dear Mr. Mara:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, August 21, 2023:
WHEREAS, this Standard Subdivision divided 36.9 acres into 12 lots where Lots 1-11
equal 0.7 acres, and Lot 12 equals 12 acres, located in the A-C Zoning District. This
subdivision includes 15.2 acres of open space and 1.7 acres for the road; and
WHEREAS, on April 11, 2017 the Southold Town Planning Board accepted the Bond
Estimate for The Estates at Royalton dated September 8, 2016 in the amount of
$314,870.00; and
WHEREAS, on April 27, 2017, the Town of Southold received an Irrevocable Standby
Letter of Credit ("ISLC") in the amount of three hundred fourteen thousand, eight
hundred seventy dollars ($314,870.00) dated April 26, 2017 from Bank of America
Merrill Lynch on behalf of the Applicant, 55 Cox Neck Road Realty, LLC; and
WHEREAS, the ISLC expired on February 28, 2019; and
Estates at Royalton Pae L2 September 11, 2023
WHEREAS, on November 13, 2020 Michael Collins, Town Engineer, after reviewing the
work at the subject property, recommended a reduction in the Bond Estimate from
($314,870.00) to ($106,050.00);
WHEREAS, on April 5, 2023, the applicant asked in an email for a final inspection of the
site; and
WHEREAS, on July 26, 2023, a final As-Built Survey was submitted to the Town
Engineer; and
WHEREAS, the Town Engineer inspected the site and concluded that road and
drainage improvements had been completed; and
WHEREAS, Planning Board staff inspected the site and found the vegetated buffers
and street trees are healthy and functioning; therefore, be it
RESOLVED, that the Southold Town Planning Board hereby recommends that the
Southold Town Board release in full the performance guarantee for the Estates at
Royalton Standard Subdivision, held in the form of Letter of Credit No 20009524 issued
by TD Bank in the amount of one hundred six thousand and fifty dollars ($106,050.00)
and any accrued interest.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
spec full,
James H. Rich III
i
Vice-Chairman
Cc: Paul DeChance, Town Attorney
Denis Noncarrow, Town Clerk
MAILING ADDRESS:
PLANNING BOARD MEMBERS Q� so P.O.Box 1179
DONALD J.WILCENSKI ®�0 ®�® Southold, NY 11971
Chair
OFFICE LOCATION:
JAMES H. RICH III Town Hall Annex
MARTIN SIDOR ® �� 54375 State Route 25
PIERCE RAFFERTY ®�� (cor.Main Rd. &Youngs Ave.)
AMELIA JEALOUS-DANK 'rou � Southold, NY
Telephone: 631 765-1938
www.s outhol dt ownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 22, 2023
Ryan Bourke
c/o T-Mobile Northeast LLC
Complete Development Services
898 North Broadway, Suite #5
Massapequa, NY 11758
Re: SEQRA Classification, Determination, & Approval
T-Mobile Colocation @ Laurel Stone
Located at 7055 Main Road, Mattituck, NY
SCTM# 122.-6-35.4
Dear Mr. Bourke:
The following resolutions were adopted at a meeting of the Southold Town Planning
Board on Monday, August 21, 2023:
WHEREAS, this amended wireless communication facility application is for a proposed
T-Mobile colocation between 60'-80' a.g.l. on an approved existing 110' tall concealed
monopole and the addition of associated ground equipment within a 220' sq. ft. lease
area. There are two carriers already located on this tower along with equipment from
the Mattituck Fire District. There are also ±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 September 8, 2022, Ryan Bourke, authorized agent, submitted a
Building Permit application to the Building Department; and
WHEREAS, on September 15, 2022, the Planning Board authorized CityScape
Consultants to review the application for completeness of technical information; and
WHEREAS, on September 27, 2022, CityScape notified the applicant of missing
technical items to be addressed; and
Southold Town Planning Board Page 12 August 22, 2023
WHEREAS, on April 11, 2023, Ryan Bourke, authorized agent,'notified CityScape
Consultants that the applicant was compiling the required documentation and that the
Tower owner requested a relocation of ground equipment that required reconfiguration;
and
WHEREAS, on May 8, 2023, Ryan Bourke, authorized agent, submitted technical data
to CityScape Consultants; and
WHEREAS, on May 12, 2023, the Planning Board due to the nature of the proposed
colocation notified the applicant that a Site Plan application and associated fees were
required by Southold Town Code; and
WHEREAS, on July 6, 2023, Ryan Bourke, authorized agent, submitted a site plan
application for review; and
WHEREAS, on July 6, 2023, Ryan Bourke, authorized agent, pursuant to 280-74A(4) of
the Town Code, submitted a check in the amount of$8,500 into an escrow account with
the Town Comptroller's Office to cover the cost of the Technical Consultant's Review;
and
WHEREAS, on July 6, 2023, the Planning Board authorized CityScape Consultants to
proceed with the work as outlined in the agreement; and
WHEREAS, at a Work Session on August 21, 2023, the Planning Board accepted the
application as complete for review; and
WHEREAS, pursuant to Southold Town Code 280-131(H), this application is eligible for
a waiver of the requirement for a public hearing because the colocation will not be
visible as the new antennas and cables will be placed inside the already existing
monopole, with no extension of the height of the pole, and ground equipment will be
placed inside an already existing fenced-in compound; and
WHEREAS, at a Work Session held on August 21, 2023, the Planning Board reviewed
the,report issued by CityScape Consultants on August 2, 2023; and, determined that the
action falls within the FCC regulations of the Middle-Class Tax Relief and Job Creation
Act of 2012. Therefore, it is recommended for approval with the understanding that the
proposed cable (see Conditions below) will be installed inside the monopole shaft; and
WHEREAS, at a Work Session held on August 21, 2023, the Planning Board found that
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 Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has 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 11 list of actions; and
Southold Town Planning Board Page 13 August 22, 2023
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act (SEQRA); therefore be it
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above; and be it further
RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to the
State Environmental Quality Review Act, makes a determination of non-significance and
grants a Negative Declaration; and be it further
RESOLVED, that the Southold Town Planning Board hereby waives the public
hearing as noted above; and be it further
RESOLVED, that the Southold Town Planning Board grants an approval with
conditions to the site plan entitled "T-Mobile Northeast LLC, Laurel, 7055 Main Rd.
(NY-25), NSD @ Site No. LI-03-110-A", prepared by Neil Alexander Macdonald,
Registered Architect, dated April 20, 2022 and last revised April 11, 2023; and
authorizes the Chairman to endorse the Site Plan including the following plans:
T-1 Title Sheet A-7 Equipment Details
A-1 Architectural Site Plan & General Notes A-8 Antenna Information &Antenna Mounting
A-2 Enlarged Compound Plan & Site Details Details
A-3 Enlarged Compound Plan & Site Details A-9 Antenna Information
A-4 Canopy Framing Plan and Typical Details A-10 Generator, Transfer Switch Detail &
A-5 West Elevation Electrical Riser Diagram
A-6 Equipment Cabinet Details
Conditions:
A. Prior to endorsement of the site plan, a use certification must be obtained
from the Chief Building Inspector as required by Town Code.
B. Prior to the issuance of a building permit:
1. Ensure the osprey nest located on top of the existing monopole is
removed in accordance with all state and federal requirements.
2. A preventative device shall be installed on top of the pole and in other
locations if found to be necessary to prevent the nesting of osprey, and
other birds and wildlife.
C. Prior to the issuance of a certificate of occupancy:
1. The three trees planted along the street, at the portion of the lot abutting
Route 25, must be replaced in accordance with the original site plan
approval for this wireless facility granted on June 29, 2020.
D. Additional conditions of approval (ongoing):
1. All of Applicant's feed lines/cables shall be installed inside the monopole
structure.
Southold Town Planning Board Page 14 August 22, 2023
2. No exterior lights were reviewed or approved in connection with this site
plan. Any exterior lights on or around the outside of this area must be
reviewed and approved by the Planning Board prior to installation and
must meet Town Code §172 Lighting.
3. All ports shall remain sufficiently sealed to prevent access by birds and
other wildlife.
4. Survivability of the three trees planted along the street, at the portion of
the lot abutting Route 23, shall be guaranteed and maintained for the life
of the installation.
5. The facility shall remain secured and protected from unauthorized
personnel.
Please note the following requirements in the Southold Town Code relating to Site
Plans:
• 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.
• Any changes from the Approved Site Plan shall require Planning Board approval.
• 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 the
conditions above, 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.
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.
�e�p tf Ily
Donald J. Wilcenski
Chairman
Encl.
cc: Michael Verity, Chief Building Inspector, with map
MAILING ADDRESS:
PLANNING BOARD MEMBERS �Qf SO!/j� P.O. Box 1179
DONALD J.WILCENSKI ®� ®�® Southold,NY 11971
Chair
OFFICE LOCATION:
JAMES H. RICH III Town Hall Annex
MARTIN SIDOR ® �® 54375 State Route 25
PIERCE RAFFERTY (cor. Main Rd. &Youngs Ave.)
AMELIA JEALOUS-DANK COUN I ti,� Southold, NY
Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significance
August 21, 2023
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: T-Mobile Colocation at Laurel Stone
SCTM#: 122.-6-35.4
Location: 7055 NYS Route 25
SEQR Status: Type I ( ) Unlisted (X)
Conditioned Negative Declaration: Yes ( ) No (X)
Description of Action:
This Wireless Communications application is for a proposed T-Mobile Wireless
colocation at 60'-80' a.g.l. on an approved existing 110' tall monopole and the
addition of associated ground equipment within a 220 sq. ft. lease area. There
are two carriers already located on this monopole (all concealed within the pole).
There are also ±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
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed and it was
determined that no significant adverse effects to the environment were likely to occur
should the project be implemented as planned.
t
The property is currently improved with a 110' tall monopole. AT&T currently occupies
the top two canisters on the pole at 105' a.g.l. and 95' a.g.l. Existing equipment cabinets
are located in a fenced compound surrounded and not visible from public areas. The
new T-Mobile equipment will be located within a 220 sq. ft. lease of a 2,500 sq. ft. area
of equipment area, will be screened by an existing fence, and will not be readily visible
from public vantage points.
The property is zoned General Business (B). The land use on site is commercial. The
surrounding land uses within the vicinity of the site are also commercial. The proposed
action of adding an internal concealed antennae will not cause a substantial l
intensification of the current use. The monopole is visible from New York State 25 due
to its height; a New York State Scenic Byway. All antennae will be internal, and no
change to the current view shed will occur.
The new supporting infrastructure will notte visible from roadways. The Planning Board
has determined that the placement of antennas in the monopole will not result in
significant impacts on the view sheds important to the community due to the current use
and operation of a wireless facility on-site.
Further, the proposed action will not cause significant impacts to agricultural, open
space, or recreational resources. The proposal will minimize ground disturbance.
No substantial adverse change in existing air quality, ground or surface water quality or
quantity, traffic, or noise level is expected due to this colocation.
No major change in the use of either the quantity or type of energy will occur.
The applicant has submitted an assessment of a Structural Analysis Report (2023).
Cityscape, the Town of Southold consultant on the project, indicates that the structural
usages were determined to be 60.8% of Maximum Tower Capacity under the allowable
110%.
The Applicant provided a Radio Frequency Electromagnetic Energy (RF-EME)
Maximum Permissible Exposure (MPE) Study Report, prepared by Pinnacle Telecom
Group dated March 23, 2023. The report omitted one existing antennae and needs to
be corrected. Nevertheless, the Town's consultant CityScape conducted an estimated
worst-case scenario calculation and found that the public exposure level would be
compliant. The combined emittance of RF from all antennae equipment located on this =
stealth pole does not exceed the maximum permissible % RF exposure levels for the
FCC general population' Maximum Public,Exposure level (MPE). Therefore, no known
creation of a hazard to human health is expected to occur as a result of the proposed
action.
The site is improved, no significant removal or destruction of large quantities of
vegetation will occur.
An active Osprey nest is located on the monopole. The Osprey is a bird of Special .
Concern in New York State. NYSDEC protocol is to wait until the nest is inactive, and
then remove it after September 1.
2
In the event of other species that interact within the area of the monopole, the New York
Department of Environmental Conversation in a 2009 policy memorandum entitled
Guidelines for Consultation with NY Natural Heritage regarding Proposed Collocations
of Telecommunication Facilities on Existing Towers and Buildings (2009) has
determined that proposed actions involving the colocation of new equipment on an
existing structure (monopole) are not likely to adversely affect Federally-listed species in
New York, nor have any significant impacts on migratory birds or other trust resources.
Therefore, no substantial interference with the movement of any resident or migratory
fish or wildlife species, or significant habitat area or result in adverse impacts to a
threatened or endangered species or the habitat of such a species are expected to
occur.
No significant, new ground disturbance will occur; therefore, the action would not result
in adverse impacts on cultural/historic resources nor impair the character or quality of
important historical resources.
The site is currently improved and the proposed action will not result in significant
adverse impacts to aesthetic resources or to existing community or neighborhood
character or result in a material conflict with the community's current plans or goals as
officially approved.
Based upon such, no significant adverse environmental impacts are expected to
occur should the project be implemented as planned.
For Further Information:
Contact Person: Mark Terry, Assistant Town Planning Director
Address: Southold Town Planning Board
Telephone Number: 631-765-1938
cc: Town Board
Building Dept.
3
Agency Use Only (IfApplicablel
Project: -Mobile Coloration Laurel Stone
Date: August 21,2023
Full Environmental Assessment Form
Part 3-Evaluation of the Magnitude and Importance of Project Impacts
and
Determination of Significance
Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question
in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular
element of the proposed action will not,or may,result in a significant adverse environmental impact.
Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess
the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not
have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its
determination of significance.
Reasons Supporting This Determination:
To complete this section:
• Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,
size or extent of an impact.
• Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact
occurring,number of people affected by the impact and any additional environmental consequences if the impact were to
occur.
• The assessment should take into consideration any design element or project changes.
• Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where
there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse
environmental impact.
• Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact
• For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that
no significant adverse environmental impacts will result.
• Attach additional sheets,as needed.
See Negative Declaration narrative dated August 2023 attached.
Determination of Significance-Type 1 and Unlisted Actions
SEQR Status: ❑✓ Type 1 ❑Unlisted
Identify portions of EAF completed for this Project: ❑✓ Part 1 ❑✓ Part 2 ❑✓ Part 3
Upon review of the information recorded on this EAF,as noted,plus this additional support information
and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the
Southold Town Board as lead agency that:
❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact
statement need not be prepared. Accordingly,this negative declaration is issued.
❑ B. Although this project could have a significant adverse'impact on the environment,that impact will be avoided or
substantially mitigated because of the following conditions which will be required by the lead agency:
There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative
declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A).
❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact
statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those
impacts. Accordingly,this positive declaration is issued.
Name of Action: T-Mobile Antennae Co-location at Laurel Stone
Name of Lead Agency: Town of Southold Planning Board
Name of Responsible Officer in Lead Agency: Donald Wilcenski,Chairman
Title of Responsible Officer: Same
Signature of Responsible Officer in Lead Agency: Date: August 22, 2023
Signature of Preparer(if different from Responsible Officer) nye Date: August 22,2023
For Further Information:
Contact Person: Mark Terry,Assistant Director of Planning
Address: P.O.Box 1179,53095 Main Road,Southold,NY 11971
Telephone Number:631-765-1936
E-mail: Mark.Terry@town.scuthold.ny.us
For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to:
Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of)
Other involved agencies(if any)
Applicant(if any)
Environmental Notice Bulletin: hltp://www.dee.ny.gov/enb/enb.html
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