Loading...
HomeMy WebLinkAboutDish @ Laurel Stone Colocation Resolution and Neg DecOFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY September 13, 2022 ekaeco V�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD Patrick O'Rourke c/o Dish Wireless Centerline Communications LLC 5550 Merrick Road Suite 302 Massapequa, NY 11758 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765 -1938 www.southoldtowuny.gov Re: Approval — Amended Site Plan for Dish Wireless @ Laurel Stone Located at 7055 NYS Route 25, Mattituck SCTM #1000 - 122. -6 -35.4 Zoning District: General Business (B) Dear Mr. O'Rourke: The following resolutions were adopted at a meeting of the Southold Town Planning Board on September 12, 2022: WHEREAS, this Amended Wireless Communications application is for a proposed Dish Wireless colocation at 85' a.g.l. on an approved existing 110' tall monopole and the addition of associated ground equipment within a 35 sq. ft. lease area. There is one carrier already located on this tower with three empty sections for future colocation (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; and WHEREAS, on April 25, 2022, Patrick O'Rourke, authorized agent, submitted a check in the amount of $4,000 to the Office of the Planning Board pursuant to §280- 74A(4) of the Town Code; and WHEREAS, on April 28, 2022, Patrick O'Rourke, authorized agent, submitted a Building Permit application to the Building Department; and WHEREAS, on August 5, 2022, the Planning board notified the applicant that a complete site plan is required to be submitted for review for the proposed action; and Southold Town Planning Board P a g e 12 September 13, 2022 WHEREAS, on August 29, 2022, Patrick O'Rourke, authorized agent, submitted an amended site plan application for review; and WHEREAS, on August 30, 2022, the Planning Board authorized CityScape Consultants to proceed with the work as outlined in the agreement; and WHEREAS, at a Work Session on September 12, 2022, the Planning Board accepted the application as complete for review with aid of technical review by CityScape Consultants; and WHEREAS, on September 12, 2022, pursuant to Southold Town Code §280- 131(H), the Southold Town Planning Board agreed to waive the requirement for a public hearing regarding this amended application which involves a wireless colocation on an approved existing monopole with no height increase or ground equipment compound expansion; and WHEREAS, at a Work Session held on September 12, 2022, the Planning Board reviewed the report issued by CityScape Consultants on September 8, 2022; 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; and WHEREAS, at a Work Session held on September 12, 2022, 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 II list of actions; be it therefore WHEREAS, at their public meeting on September 12, 2022, the Planning Board granted a Negative Declaration for the proposed Unlisted Action; be it therefore 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, 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 grants Approval with conditions to the amended site plan entitled "Dish Wireless @ Laurel Stone ", prepared by Charles J. Whelan, R.A., dated July 27, 2021 and last revised February 23, 2022, and authorizes the Chairman to endorse the site plan including the following plans: Southold Town Planning Board P a g e 13 September 13, 2022 T -1 Title Sheet A -1 Overall and Enlarged Site Plan A -2 Elevation, Antenna Layout and Schedule A -3 Equipment Platform and H Frame Details A -4 Equipment Details A -5 Equipment Details A -6 Equipment Details E -1 Electrical /Fiber Route Plan and Notes E -2 Electrical Details Conditions: E -3 Electrical One -Line, Fault Calcs & Panels G -1 Grounding Plans and Notes G -2 Grounding Details G -3 Grounding Details RF -1 RF Cable Color Code GN -1 Legend and Abbreviations GN -2 General Notes GN -3 General Notes GN -4 General Notes 1. All new vertical feed lines /cables shall be installed inside the monopole structure; 2. All feed line access ports shall be sealed to prevent access by any birds or other wildlife; 3. The facility shall remain secured and protected from unauthorized personnel. 4. Any planned equipment changes that differ from the submitted Construction Drawings must be filed with the Town for review and approval. Please note the following requirements in the Southold Town Code relating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. 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 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. Southold Town Planning Board P a g e 14 September 13, 2022 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. A copy of the Negative Declaration is enclosed for your records. If you have any questions regarding the above, please contact this office. Respectfully, � r Donald J. Wilcenski Chairman Encl. cc: Building Dept. w /map; Town Engineer w /map OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY SO�Ty� PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non - Significance September 12, 2022 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765 -1938 www.southoldtownny.gov 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: Dish Wireless Colocation at Laurel Stone SCTM #: 122. -6 -35.4 Location: 7055 NYS Route 25 SEAR Status: Type I ( ) Conditioned Negative Declaration: Description of Action: Unlisted (X) Yes ( ) No (X) This Amended Wireless Communications application is for a proposed Dish Wireless colocation at 85' a.g.l. on an approved existing 110' tall monopole and the addition of associated ground equipment within a 35 sq. ft. lease area. There is one carrier already located on this tower with three empty sections for future colocation (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. 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. Related equipment cabinets, cables, and related hardware within ±2,500sf equipment. 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 will not cause a substantial intensification of use over the current use. 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. 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 supporting infrastructure will not be 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. Existing equipment cabinets are located in a fenced compound surrounded by not visible public areas. The new Dish equipment is located within the fence amongst the cabinets and will not be readily visible. 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 (2022). Cityscape, the Town of Southold consultant on the project indicates that the structural usages were determined to be 56.3% of Maximum Tower Capacity (allowable 105 %). The Applicant provided a Radio Frequency Electromagnetic Energy (RF -EME) Maximum Permissible Exposure (MPE) Study Report, prepared by an RF Engineer Manoj (Stephen) Jayakumar) dated May 20, 2022. The predicted software analysis performed with Roof View 5 has shown that the Dish transmitter equipment located on this stealth pole does not exceed the maximum permissible exposure levels for the FCC Public or FCC Occupational standards for 100% of the predicted area on the ground (80 x 80 square feet). The maximum % MPE on the ground is 15.9% of the FCC Public Standard and 3.2% of FCC Occupational Standard respectively. The RF exposure in this area for the general public and /or occupational workers is mitigated by the installation of the yellow Caution sign at the base of the stealth pole, as well as Informational signage at all access points to the site. When taking into account the RF exposure mitigation efforts in the signage, this site is compliant with FCC Guidelines as designed. 2 Maximum exposure at ground level was determined to be within 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. 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 co- location of new equipment on an existing structure (tower) 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.