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Home My WebLink About1000-86.-6-2.3 , . ,. '. PLANNING BOARD MEMBERS . BENNETT ORLOWSKI, JR Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: May 6, 2003 To: Lydia Tortora, Chairwoman, Zoning Board of Appeals From: Bruno Semon, Senior Site Plan Reviewer .,/j;: J.-- Re: Appl#. 5287 Warren Malhado 165 Wood Lane Southold, NY 11971 SCTM: 1000-86-6-2.3 In response to your Memo for the request of comments on the above. The Planning Board discussed this at the work session May 5, 2003 and at this time don't have an application for this project. We reviewed the Town Code and there is no requirement for the proposed Amateur Radio Tower to have a site plan. We can't review this at this time without an application to the Planning Board. If you require staff assistance on this project, please contact us at (631) 765-1938 . Thank you in advance. Cc: file, PB P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 APPEALS BOARD MEMBERS. .. , . Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando . -~--- gveFs m Southold Town Hall 135 53095 Main Road V L- P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net TOWN MEMO BOARD OF APPEALS TOWN OF SOUTHOLD TO: FROM: DATE: SUBJ: Mr. Bennett Orlowski, Jr., Chairman, Planning Board .LM.......- Lydia A. Tortora, Chairwoman, Zoning Board of Appe~ May 1, 2003 Request for Planning Board Coordination Reply Joint Application Reviews The following map reviews are pending before the Zoning Board of Appeals, and calendared for a public hearing and possible decision on May 15, 2003: Referral(s) under Site Plan Provisions: Appl. No. 5287 - Warren Melhado Project Description: Construct an amateur radio tower exceeding height limitation Location of Property: 165 Wood Lane, South old Appl. No. 5109 - Giannaris (Hellenic) Project Description: Construct new hotel units with side yard setbacks Location of Property: 5145 Main Road, East Marion Would you please forward comments or suggestions on the site issues that may be of concern to the Planning Board under the site plan jurisdiction reviews. By way of a copy of this letter, we are also asking the applicants to contact your Department (765-1938) to determine if original maps, an application, or other documentation may be necessary for your department to commence this preliminary review. Please feel free to review the official ZBA file at any time that is convenient for your staff. Thank you. cc: W. Melhado P. Moore, Esq. File Board Members o MAY - 2 m Southold TowI Plannin Soan! 1M c / hoJo . /000--86 -c;- 2 3 . . . .s/.s,h,3 ~D/~ ~t'CK /Z OM:) S- J.I '! r . '" .... :- I, . \.. I . . FORM NO.3 NOTICE OF DISAPPROVAL DATE: November 27,2002 AMENDED: December 13, 2002 TO: Warren & Edith Melhado 165 Wood Lane Southold, NY 11971 Please take notice that your application dated November 26, 2002 For permit to construct an amateur radio tower at Location of property: 165 Wood Lane. Southold. NY County Tax Map No. 1000 - Section 86 Block.Q Lot 2.3 Is returned herewith and disapprov~d on the following grounds: The proposed accessory amateur radio tower. located on a 71.039 square foot parcel. with two front vards. in thli.1l uii!llLI n 16 fLb.:d. is not permitted pursuant to Article IlIA. Section 100-30.A.4. which states: "Accessory buildings shall be subiect to the same requirements as 100-33 of the Agricultural- Conservation District." which states. "In the Agricultural-Conservation District and Low- Densitv Residential R-80. R-120. R-200. and R-400 Districts. accessory buildings and structures or other accessorv uses shall be located in the required rear vard." The proposed accessory amateur radio tower is noted as being located in the front vard. "Nothing herein shall be construed to. applv to. prohibit. regulate or otherwise affect the erection. maintenance or utilization of antennas or support structures bv those licensed bv the Federal Communications Commission pursuant to Chapter 47 of the Code of Federal Regulations. Part 97. to operate amateur radio stations," and. Article XXill. Section 100-30.D.. which states. "Height exceptions. The height limitations of this chapter shall not applv to: (1 ) Spires. belfries. cupolas and domes not for human occupancy: and monuments. transmission towers. excluding telecommunication towers. chimneys. derricks. conveyors. flagpoles. radio towers. television towers and television aerials. provided that no television or radio aerial shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the aerial's height above the roof or other permanent structure to which it is attached," Total lot coverage on the property. following the proposed construction. would be +/- 3 percent. This Notice of Disapproval was amended on December 13. 2002. to re-address the issue ofheil!ht. ". . . ae< Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. cc: file, Z.B.A. " . . ... . FORM NO.3 NOTICE OF DISAPPROVAL DATE: November 27,2002 TO: Warren & Edith Melhado 165 Wood Lane Southo1d, NY 11971 Please take notice that your application dated November 26, 2002 For permit to construct an amateur radio tower at Location of property: 165 Wood Lane. Southo1d. NY County Tax Map No.1 000 - Section 86 BlockJi Lot 2.3 Is returned herewith and disapproved on the following grounds: The proposed accessory amateur radio tower. located on a 71.039 square foot parcel. with two front yards. in the Residential R-40 District. is not permitted pursuant to Article IlIA. Section 100-30.A.4. which states: "Accessorv buildings shall be subiect to the same requirements as 100-33 of the Agricultural- Conservation District." which states. "In the Agricultural-Conservation District and Low- Density Residential R-80. R-120. R-200. and R-400 Districts. accessory buildings and structures or other accessory uses shall be located in the required rear yard. subject to the following requirements: "A. Such buildings shall not exceed eighteen (18) feet in height." The proposed accessory amateur radio tower is noted as being located in the front yard and. in its fully erect position. measures 54 feet in height. Total lot coverage on the property. following the proposed construction. would be +/- 3 percent. ut Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ,.. . . .. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: December 17,2002 RE: Zoning Appeal No. 5287 Transmitted herewith is Zoning Appeal No. 5287 of Warren K. Melhado for a variance. Also included is: letter of transmittal dated December 13, 2002; Applicant Transactional Disclosure Form; Project Description; Short Environmental Assessment Form; Notice of Disapproval dated November 27, 2002 and amended December 13, 2002; ZBA Questionnaire; copy of building application; FCC license; photos; specs for tower; Memorandum Opinion and Order in PRB-l; and survey. .....,.."'""':"',~. ," ;" /... ' ;z-.-. . '" ", , . . . '.'.'.. .... ...... ',f. ,_ , ................._~~. ' - - ,"~'~'~ .a;;~.", ""'., ' , ::-.....;,."'. !/!~'~"1J""'I;:l! , ~~'-~~--""_' .Zf~ . . ~...._-"'- " . " . -~ . 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[. .kf,'P' ,.,g,>> ""'~"'.t: . " ;; ~~ ...."'.. ..~>" .';&. \. .<. ,. ." "- "- "-~ \ } \ \ \ I :.-- / .~'. ..,... " ' ''-''''; >, ,. ", i Ie i tit ;). ~~~'".,_. ... OIttta'n .\, .'-~ ..... ,.. <II' ".' . _ _ _ .- ,~""" . . . . :-, ~"'. . t'C:c.io:! ,,"'-'.... '.J. ~:~~~~~~ * .' :,-. ,'-., .~ ,1 .~ ~: ..' .~' . r '~:~~~',<.".e~ ,;c;,: .; , i _ .,: 'C' " , '\. (:,' , ,,-, ,.... ,:1c~' , ." ~~ . fo'. ',. N ~'. '," .','. -:1'. ',:; i II,tai.'U '1~,J'I'it,lih~ia 1111 :.. Jj1tll~:tt~~ Ii " " ;.":',.,t11::}il,lllf'UL ~ "-J iI: j.. .,.6"iii.e... ,.; .... . " ~, R. \, ~ :' '. . . -. ! ,'. -.. .~.:L ' . :~':'-.. "'<;: " ., .',- " ,j':. ;'1 '",~: , ". ,,' '''.. ~-,~. " Q" . I ':,-.,. . . '-",i~', ':. ('....- .~ .~ '. "'" .' '\- :' ,./: fl. .: . ilJ. iJ' I ;to . ....1 . --': '-I >. . ':,~' 1 . . ....:{-. ,-.: ,~ ,. J' . ~. " ':',"., ','" . .~:~ ," ; ',',-' ~ . . . ~ 100-161. Scope. [Amended 12-8-1998 by L.L. No. 25-1998] The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC) regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Chapter 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations. ~ 100-162. Location of use. No wireless communication facility shall be used, erected or altered in the Town of Southold except as follows: A. In Residential and Marine Districts including AC, R80, R40, R120, RZOO, R400, AHD, RD, RR, RO, MI and MIl, a wireless communication facility is subject to site plan approval and must meet the following requirements. (1) Wireless communication facilities on buildings shall require a special exception approval pursuant to this article. Wireless communication facilities on buildings shall be no higher than 10 feet above the average height of buildings (excluding signs, fences and walls) within 300 feet of the proposed facility. The building on which the wireless communication facility is located must be located at least 100 feet from the nearest property line and 300 feet from any landmark property or district listed by federal, state or town agencies. (2) Wireless communication facilities on existing telecommunications towers shall require a special exception approval pursuant to this chapter unless otherwise allowed by the terms of a prior special exception approval. (3) Wireless communication facilities on telecommunication towers shall require special exception approval pursuant to this article and shall not project higher than 10 feet above the average height of buildings (excluding signs, fences and walls) within 300 feet of the facility or, if there are no buildings within 300 feet, these facilities shall not project higher than 10 feet above the average tree canopy height in that radius measured from ground level. If there are no buildings within 300 feet ofthe proposed facility site, all telecommunication towers shall be surrounded by dense tree growth to screen views of the facility in all directions. The base of the tower shall be located at least 100 feet from the nearest property line and 300 feet from a landmark property or district listed by 1 . . federal, state or town agencies. (4) A wireless communication facility is a permitted use, not requiring site plan approval, if located on property owned, leased or otherwise controlled by state, federal or town government, provided that a license or lease authorizing such facility has been approved by that government. The height of such facility may be established by the public agency. (5) A wireless communication facility is a permitted use, not requiring site plan approval, if located on property owned, leased or otherwise controlled by a special district, provided that a license or lease authorizing such facility has been approved by the commissioners of the special district, and provided that it does not exceed the maximum heights specified above. B. In Commercial Districts including LB, HB and B a wireless communication facility is subject to site plan approval and must meet the following requirements: (1) Wireless communication facilities on buildings are a permitted use. Wireless communication facilities on buildings shall be no higher than 20 feet above the average height of buildings (excluding signs, fences and walls) within 300 feet of the proposed facility. Wireless communication facilities on buildings must be located at least 300 feet from any landmark property or district listed by federal, state or town agencies. (2) Wireless communication facilities on existing telecommunication towers are a permitted use unless otherwise restricted pursuant to the terms of a prior special exception approval. (3) Wireless communication facilities on telecommunications towers are a permitted use, but shall not project higher than 20 feet above the average height of buildings (excluding signs, fences and walls) within 300 feet of the facility, or, if there are no buildings within 300 feet, these facilities shall not project higher than 20 feet above the average tree canopy height in that radius measured from ground level. If there are no buildings within 300 feet ofthe proposed facility site, all telecommunication towers shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site. The base of the tower shall be located at least 100 feet from the nearest dwelling unit and 300 feet from any landmark property or district listed by federal, state or town agencies. (4) A wireless communication facility is a permitted use, not requiring site plan approval, if located on property owned, leased or otherwise controlled by state, federal or town govemrnent, provided that a license or lease authorizing such facility has been approved by that govemrnent. C. In Industrial Districts including LI and LIO, a wireless communication facility is subject to site plan approval and must meet the following requirements: 2 . . (1) Wireless communication facilities on buildings are a permitted use, provided that the height of the wireless communication facility does not extend more than 100 feet above the existing grade and the wireless communication facility is located at least 100 feet from the nearest property line and 300 feet from any landmark property or district listed by federal, state or town agencies. (2) Wireless communication facilities on existing telecommunication towers are permitted unless otherwise restricted pursuant to the terms of a prior special exception approval. (3) Wireless communication facilities on telecommunication towers are a permitted use, provided that the height of the tower above grade does not exceed 100 feet above the existing grade and provided that the base ofthe tower is located at least 100 feet from the nearest dwelling unit and 300 feet from any landmark property or district listed by federal, state or town agencies. (4) A wireless communication facility is a permitted use, not requiring site plan approval, if located on property owned, leased or otherwise controlled by state, federal or town govermnent, provided that a license or lease authorizing such facility has been approved by that govermnent. ~ 100-163. Special exception approval. A. Authority. The Zoning Board of Appeals shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. B. Standards. In addition to the standards in Article XXVI of this Code, no special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: (1) The applicant is a public utility. (2) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (3) The applicant has made substantial effort to locate or collocate on existing towers or, failing that, that the applicant has made substantial effort to locate on federal, state or town land and facilities. (4) The facility conforms with applicable FCC regulations. (5) There are compelling reasons, economic or otherwise, which make it more feasible to construct the proposed facilities than alternatives. C. Matters to be considered. In addition to the matters to be considered in Article XXVI of this 3 . . Code, the Zoning Board of Appeals shall give consideration to the following in issuing a special approval for wireless communication facilities: (1) The height of the proposed tower shall be the minimum necessary to render adequate service. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts or obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. D. Application requirements. In order to make the above-described determination, the Zoning Board shall require the following in addition to the requirements of Article XXVI: (1) Each application shall include a survey clearly indicating: (a) The location, type and height of the wireless communication facility. (b) Whether it is located on an existing structure, collocated or on a telecommunication tower. (c) On-site land uses and zoning. (d) Adjacent land uses, structures and zoning within 300 feet. (e) Distances between all structures. (f) Location oflandmark listed by federal, state or town agencies within 300 feet. (g) Adjacent roadways and/or private rights-of-way. (h) Proposed means of access. 4 . . . (i) Setbacks from property lines. (j) Elevation drawings of the structures. (k) A long environmental assessment form with visual addendum. (I) Other information deemed by the Zoning Board to be necessary to assess compliance with this law. (2) Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. (3) The applicant shall document to the satisfaction of the Zoning Board of Appeals that a good-faith effort has been made to locate or collocate on existing towers or other available and appropriate buildings and structures, that it is not feasible to collocate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate collocation of additional antennas for future users. (4) Each application shall include a plan which shall reference all existing wireless communication facility locations in the Town of Southold, any such facilities in the abutting towns which provide service to areas within the Town of Southold, any changes proposed within the following twelve-month period, including the applicant's plans for new locations and the discontinuance or relocation of existing wireless facilities. Alternatively, at the beginning of the year the applicant may submit an annual wireless communication facility plan containing the aforementioned information for the calendar year. (5) A landscape plan showing specific landscape materials, fencing and maintenance arrangements. (6) The Zoning Board of Appeals may retain technical consultants as it deems necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes. (7) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (8) An engineering analysis of the radio emissions and a propagation map for the proposed 5 . . . . wireless communication facility. The analysis shall be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility are within the allowable limits established by the FCC which are in effect at the time of the application. If the wireless communication facility would be collocated with an existing facility, the cumulative effects of them must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the manufacturer. (9) A search ring prepared, signed and sealed by a qualified radio frequency engineer registered in New York and overlaid on an appropriate background map demonstrating the area within which the wireless communication facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Zoning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. 6 APPEALS BOARD MEMBERS .. .. gveB m Southold Town Hall 135 53095 Main Road V L- P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando TOWN MEMO BOARD OF APPEALS TOWN OF SOUTHOLD TO: FROM: DATE: SUBJ: Mr. Bennett Orlowski, Jr., Chairman, Planning Board /M /' Lydia A. Tortora, Chairwoman, Zoning Board of Appe~ May 1, 2003 Request for Planning Board Coordination Reply Joint Application Reviews The following map reviews are pending before the Zoning Board of Appeals, and calendared for a public hearing and possible decision on May 15, 2003: Referral(sJ under Site Plan Provisions: Appl. No. 5287__ Project Descript~mateur radio tower exceeding height limitation Location of Property: 165 Wood Lane, South old Appl. No. 5109 - Giannaris (Hellenic) Project Description: Construct new hotel units with side yard setbacks Location of Property: 5145 Main Road, East Marion Would you please forward comments or suggestions on the site issues that may be of concern to the Planning Board under the site plan jurisdiction reviews. By way of a copy of this letter, we are also asking the applicants to contact your Department (765-1938) to determine if original maps, an application, or other documentation may be necessary for your department to commence this preliminary review. Please feel free to review the official ZBA file at any time that is convenient for your staff. Thank you. .. -1 . cc: W. Melhado P. Moore, Esq. File Board Members ........ TeIIlI I'Iannl 80IIt . . WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD May 5, 2003 4:30 pm SITE PLANS Osprey Dominion I Long Island Power Authority 44075 Main Road Peconic, N.Y. SCTM: 1000-75-1-20.1 & 20.2 Zone: AC Representation: Mr. Mark Dougherty RE: 1) New Preliminary Site Plan for a Wind Turbine Project. Cornell, Cliff 41250 County Road 48 Peconic, N.Y. SCTM: 1000-59-10-03 Representation: Mr. Cornell Zone: LB RE: 1) New Preliminary Site Plan for a 3900 sqft. Contractors Building. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES., SET OFF APPLICATIONS Mr. Smith & Mr. Schrader 1160 & 1200 Mill Road Mattituck SCTM# 1000-107-1-2.1,2.2 & 2.3 Representation: Owners Zones: R-80 RE: 1) Requesting a lot line change to eliminate a lot. Will require modifications to elr's with approval from the Planning Board (refer to # 6 in c/r's) MISCELLANEOUS ITEMS Giannaris (Hellenic Hotel & Resturant) 5145 Main Road, East Marion NY SCTM# 1000-35-2-14 & 15.1 RE: 1) Letter for comments or suggestions from Lydia Tortora of the ZBA. VL ~4!" N4~S ......1 ~ },ddK.. Melha 0, arren (Construct an amateur radio tower 54' feet in height 165 Wood Lane, Southold NY SCTM# 1000-86-6-1 & 2.1 RE: 1) Letter for comments or suggestions from Lydia Tortora ofthe ZBA. bs 5/5/03