The URL can be used to link to this page

Home My WebLink About5972 e:lA.~t VV\~,,'0V1 PI ir~ l>i1>+Vcct __<1.1>G}s" ~t,<i.~_EM+:ffi~~. 31 3 pS ~ 53'!&' - w~ jUveJ!t9fo3 ~ /P!S.163 -d .!:J- 13 z. '" JJ. J-q 7:L> ;", ~6L(~<:r~~ Sf.. (~F) ~ ~ ~(/df7/t-)(lH.) ?/J IId-sJO? bAtff.c..C. 3ffJo7 ., APP.BALS BOARD MEMBERS . Ruth D. Oliva. Gerard P. Goehringer James Dinizio, Jr. Cl1a:inran Michael A. Simon Leslie Kanes Weisman . Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net RECEIVED q- ~d 3. 'fqffY) MAR 1 2 2007 ~Or;...'/I,. Sou~ord T~Wd (Ierl ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD: MARCH 8, 2007 ZB File No. 5972 -- EAST MARION FIRE DISTRICT Property Location: 9245 Main Road, East Marion Zone Districts (split): HB Hamlet Business; R-40 Low Density Residential CTM 31-3-11.31 containing 3.05 acres SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. In addition, the Town Planning Board has issued a Negative Declaration with a Determination of Non-Significance dated September 11,2006. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 3.05 acres owned by the East Marion Fire District and improved with two Fire House structures, as shown on the site plan prepared by Infinigy Engineering dated 8/17/06. BASIS OF APPLICATION: The applicant requests a Variance under Section 280-69 (100-162A3, A5), based on an application for a building permit and the Building Inspector's July 25, 2006 Notice of Disapproval, concerning construction of a proposed wireless communication/telecommunications monopole tower on property owned, leased or otherwise controlled by a special district approved by the commissioners of the special district. The proposed tower will exceed the code limitation - with a height greater than 10 feet above the average height of buildings within 300 feet of the facility, OR 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. Also, if there are no buildings within 300 feet of the proposed facility site, all telecommunication towers shall be surrounded by dense tree growth to screen views of the facility in all directions. SPECIAL DISTRICT: The applicant, East Marion Fire District (EMFD), is an established special district for emergency communications on at least 4.35 acres of land. The EMFD maintains its fire station communication transmissions to and from this site, and the wireless communications tower would be in a location that provides sufficient space and height to provide an installation of a 450 Hz antenna, north of the firehouse. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning replied in its communications dated November 24, 2006 and January 22, , . Page 2 - March 8, 2007 ZB File No. 5972 - East Marion Fi Istrict CTM No. 31-3-11.31 . 2007 stating that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. TOWN CODE CHAPTER 95 (268) LWRP CONSISTENCY: This application has also been referred as required under Chapter 95 (268) of the Town Code, and LWRP Coordinator Mark Terry has issued a determination dated April 26, 2006, received October 23, 2006, stating that this application is consistent with the Policy Standards. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 2006 and January 25, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant, East Marion Fire District, wishes to construct a telecommunications monopole tower to support public safety communications antennas, at a maximum height of 120 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The site where the monopole antenna will be constructed is presently open space lying just north of the two structures that serve the community of East Marion as a firehouse. The site has been used for many years for the purposes of storing and maintaining fire fighting and associated support equipment such as fire trucks, hoses, ladders and radio equipment to communicate during actual fires. The addition of this monopole antenna will improve the reliability of the radio equipment currently in use. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The East Marion Fire District only owns one piece of real property, and it is upon this property that the monopole antenna will be erected. Security, electrical supply, and proximity to the source of dispatch demand that the principal antenna be located as close to the firehouse as possible. 3. The alternative relief granted herein is substantial. The variance sought by the applicant and the alternative relief granted herein, will increase the antenna height at least 90% over the code maximum. (The code requirement is a maximum of 60 feet in height.) Although a monopole antenna of this size will create some visual change in the area, this change must be balanced against the necessity of improving emergency communications for the community. 4. Granting of the alternative relief for a height variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The monopole antenna is designed to withstand the highest anticipated wind velocities and constructed in accordance to current engineering standards. All equipment required for powering and maintenance of the antenna will be located within a securely fenced area surrounding the base of the monopole, which Page 3 - March 8, 2007 A . Zll File No. 5972 - East Marion F-'strict eTM No. 31-3-11.31 will be screened by native plantings. All radio transmissions will be regulated by appropriate agencies. 5. The alleged difficulty has not been self-created. It is necessary to update the means of communications as technology advances with time. The current technology requires a certain tower height in order to guarantee adequate coverage of the fire district. 6. The proposed height is not the minimum that is necessary to preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. The testimony presented was not sufficient to persuade that the antenna height of 120 feet is necessary to provide the desired coverage at the fire district. The Board considers the substantial alternative relief granted to be sufficient to satisfy the applicant's needs and to meet reasonable concerns of public safety. 7. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a telecommunications tower facility, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to DENY the variance as applied for, and in the ALTERNATIVE, to GRANT a variance in the location shown on the 6-17-06Infinigy Site Diagram (setbacks 105 feet from the north lot line, 196+/- feet set back from the westerly lot line), at a maximum antenna height of 110 feet, subject to the following conditions: 1) The covering of the monopole shall be painted a color that will make it blend into the area. The board suggests a neutral color such as gray or gray- blue. 2) No flag shall be placed upon the monopole antenna. 3) The monopole shall not be lighted except as required by law. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members, Oliva, Goehringer Dinizio (in favor of requested 120 ft. hei . This Res luti Chairman 3/9/2007 "" 1O[AT!W(.6.. Gf:0Re( """"'-"> IIR:Il\JIW..I[Sll)OmAl. ZONrn:R-411 \ \ CHERn.LH~ \ USI:::.~-lf"""II.YR(S<<tIl;r~ lONEO: I-<KI , t---. ,'~~ y............. tOT I ~tJ>.i~~F'ID'OSBll"ll21' ? I fDaIllfAS[/IIrfA \ MIH1Jll"fUl:PClf: '. \ ~,~ 'I' """"""'"'" USE:ll(Sl()OffiAI.VACHoI.1W<<l l!H:II:R-ol() 31.....# :JI) . ..-'1' ." SIll"Pl.Nt-iSNri'r"roscI.i.E. .lCft.W.fIU)COHOII'IOHf1f' D:1S1M 8UI..04Hll: 5IRUCTURE IS 1llJI'1'tto'J1SDEPlCTt:DONTIiIS I'l.NLCOlFOUNDNlfJ1OWOl srnwx OIIDISIONS AAC. TllU[ rMlIWPROf"[RIYI.Mf:S. >/' !M.W< w. OIUY USE: 1 fA,WLY Il{UlOIC€ ZONED:R-4(I NtIK:METESNtDBDUHOSMETMlN .,..,ASUlMYPEJlRlIII<<DfH PmOHlC SdM'YOIIS JIC, LJC:EMSa) ....."""""'- >/. E.U. WAA W[W(lIRW.,WiOC. ""'''''''''' ZIltiDl:HII o 'i " SITE PLAN - - . . i-LH.I W SYMBOLS AND MATERIALS SITE LEGEND ~ DETAlLROtJI[M;E @--1SEC1X>>I!>ANDOETM.S 1.'--- ;.-J COICRETE ------- I'ROf'ERJY UH( I l'EH([lIE -- E_ D.[C1JIIC SOMCE -l-TEID'HllNESOIW:( IlV "'"" -00---- P!lOf'OSEO ~ -so-EXISTINC~ ~crv.\'ELIS1<IlE infi n i ~ .nlll"...I"O .-- .....",..... "'l.::"'Jt~"~ EAST MARION EAST MARION FIRE DISTRICT 9246w.ttfIQ,<,D USTlIWION,HYlIII>> , - - 150-034 . GENERAL NOTES: 1. SlJ[P\NlIlI'OllW.TIONlMSWASQI,SEDOHVARlOUSSOURC(S Of HIllRYAllON lNCt.UOIHC rlELD I<<Irrs a. lIOStIl[I.I[1O'S POlroRW:OII'tINl1NlC'l' ENCIlC[ERIIIC, I'LlC Of" KY. 2- 1MS I'llClPCISQ. IS fOR AN UNIWMD TWCOYWUNC!.TJ()/ljS .AQ.I1'f COMSlSrl~ Of AHIDI'lIIS llOUmro lNSI)( fl)(;POl[ P\J!CM,.".orSw.u.1ftIIlTMUfTlllHJR.talJEQUlplI[1{TCAllllOm wmtN THE SUlU:CT PIlOIl$ES, Nrl)ASSOClo\TED N'PIJIl'IDIl.Ncts. . Jrn[PllQPOSEDrACIUIY'/IIU.lIE~[OANO DOESHOTREOUlREWATrRORS[WEJlS[llYl:[.. 4. rn(PllOPOSEllrACUTYISUMoWlC[C.~fi~T INTEKlEOFllR_IWIIT,\TY;>>INrIIl)lHUSDCl[iNOTR[QIJIREIWlOlCAl' "''''. 5. OCC~>>fCY IS lUIUl TO PERlOOlC Wl~E ANI) IltiPECTIQH ""'''''''''''''' 5. NOmlO8ICUCHTINCISINCI.1OED..rnISPROPOSAL. ,. NO NDI5E, SWlllt[, ousr 011 OOOR WLLRlSUlI fKlW -~ 8. OOIDOORSfOJIAGE:AHOSOlJ()~&OHIHNEASNl[NOIPR<lP05E1l ~. 00UlI0lI SIGHS ME. NOT PlIOPOSED. lo.folONEW.oa:[SSfl(W)W1liIl(IlEOUllEDutfDER1H15~1lDN. It. TOJ~M[AOF DlSJUllW<<;E UHllfIiI1II& PIlOPiJISo'Il: 310 Sfot 12_1IIE~"mIJlWWAl(RIM<<)ff"DI..€IOM~" IMPfJMOUSNfEAISIN5IGNlJX:ANl". [IllSlllClllWrw:f:1"A1TUINS'IIII.L NOTSf:MJDlfD.. nlEREroJlE.OIlAII<<:ESTRl.Cl\IIE'SMlNOTPflllPOS[J)_ 13.AL1.CONrnlUCllQfllfORSIT[IloIPIIOYDIOlISSH.IU~1ON'R.JCMl,[ Sl'[t:f'"CAroNS. S1NCWH15. AHD IlElII.tREWDrTS or '!ME toIERMoIENW. OII!Ii'IJN AlITHORrTl[$'-';.JUItISDCTIlN, 'f. AU.. EXSJIC N;JM: 5lWUt.WATVt. Gt<S, n.E:CTR1C, AlIO ImlER lI'M.mE5W/lmfOlCOlMfDltl)D111t[IfIORI[,SlW.L':PllOTfClED ATAL.1T1WES.AJoIOWHEFlElI[(lIJR[DfllRTI€PlIOPlllDlEl:l1l1JNOf n-I:WOIlk,5HAU.llElID.DCA-TEDASOIRI:CTtlIII'l'OIGNElRS. EXfR(IlECAlITlONSHIllUIII(L1SEDII'l'JM':COIfTllAC1ORWMElt EllCINAIWC 011 PlETt OAUlNG NICI.JNll Oft NEAR: l1IVllE'5. CONIlW:1OflstW..l.PRCMll[WITrlllMllNCfURlHEWOIlIUIG CREW. TI'IS MU. 1NtLWt: WI NOT UIoIrrm 10 AJ rAL.1 PflOrECTlON B) CONFlNED ~ C) DCCTRIClL SMUY D) TIlOQIlIlG ,. DClNATJ;)N I!I. mSfl[1!MK SloW.l BE M> NlICATED OH 1H[ ORAWlNCAND SIFUI.AJUI"THEPRO.IECTSPEC\FICIlTlONS.. It. F~. IlUlllllSli, sn.ws. 0DlRI5, STICII:S,. 5fQNES AND DfH[Jl RUVSEstW.l.BE IIOMlWIl f'IlOM TIlE StR:AND DISI"OSCDOf"lEQALlT. 11.1HEsm:5tW.LBE~lOCN.ISf:SUfII'AC[WA"TERTOn.(M' AJNrt f"llOW THE RADIO EOUIf'M[NINIO flAGPOL[ AMAS. 1&.THE~SIWJ..,,~f[()NI)BROl.OGHI"IOA5MOOnt UMIRlIlIIIl>IWIf.:PlIOIIlOfINISHa>SURfACEAPPu:.\TJJN. 't.AU.ElOS1HilMlClMSEWER.-\llA"TER,GIo5.n.a:TRlCNlDOIliOI' t1IIJJ1E'5.WHlCHINTERfLll[WIll1Ti1EDEl:lITIDN'DFltI;WIORI(, sw.u.!lEIlEIIIOVE:ONID/Oftt.U'Pf:O.PU.lGGtoORUIl1EIfItI5E: IlISCONTIMJ(oAI~WHICHWlLLND1INTERfERlEWlJHlHE [lIECUOONorTHEIrOllK.SUIlJU:1TOTllIi:API"llCNAlOf -""'" 2O.MNlEASOFIllED'IltClRSPROf'OlfTIJISIlIl!IIDB'l'1It[WOIlI(.IiND ND1C011[1l[DB'f!tEPIlOPOS(II....ltD'oQtDflS$lW.LIJ[AEiTtlIlED ,......... 21. F.JlOSI(>>I CONlIIOL MfASUlIl'S. F REOOI!ED!ll.Im4C toIISTT<<.C1IDH 'SIW.l !IE .. CONnlRWHCE IlI1H THE t.OColI. GUOWNES lOR EROSIlltINI)SfOUENTcotmIQ.. tt. ALlsm:WOfOl:stW.LBEmllIDNI\tmwmtMPROPO'lYOIiINER ,. ....... 23 aJNJA:r.CJOjl stWJ. IXlNIACI DIll N.fJIrT: 1lOO-9&!~79&2 10 lJ)CAlEUNDUlCIIOUNDIJJUIlDPIlaIlOCON5TRUCTlON. ,. . . . SITE PLAN ___ MI.. _ fi~ ~ - - -- 101 c.r - ,- ~, . , 2 ..- ... "'"""" ..... (IOll:!ilI'FLDNiO .....,,"..... ..........""" Wf'IL ova LH< fOC[ SOUTH ELEVA TlON -~- o i nfi n iy . n ~ In.., I n 9 .-- -....- ~Jr.r~= EAST MARION .......... EASlMll*lH.Nll111J11 150-034 . , .............- (lD1[SH'lDlNll ......" """" ~ . ~ ~ ~ ~ ~ ~ . EAST ELEVATION -~- <) EAST MARION FIRE DISTRICT !/ i i ~ 1\ ~ . -- TEU'lIIlloIEDlPOI5fD0lP0L[45IlO&-f ........... BlEJItGl.ASS3ANOlDIlIlIlD3 fllERGLASSl5.-.WS2111 FIlER QASS,JA.....OIlEWASPll8D """ ,,~ ,.~ um .~ 11.7FEIJ ANTENNA MOOEL DETAIL ~- - - ____ _eo.-.. - .- ~ - 2 ... III'[ __ 24S7 ID1 t:.s ~ , , ELEVATION VIEWS , . .... "''''' "''''' W~PlJlE I "''''' o . A .. .. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 25, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. JANUARY 25. 2007: 1 :15 P.M. EAST MARION FIRE DISTRICT #5972. Public Hearina held for DurDoses of receivina testimonv relative to Droiected telecommunications coveraae for tower and antennas at heiahts over 80 feet. A Variance under Section 280-69 (100-162A3, A5) is requested, based on the Building Inspector's July 25, 2006 Notice of Disapproval, for construction of a proposed wireless communication/telecommunications tower on property owned, leased or otherwise controlled by a special district approved by the commissioners of the special district. The proposed tower will exceed the code limitation - with a height greater than 10 feet above the average height of buildings 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 of the proposed facility site, all telecommunication towers shall be surrounded by dense tree growth to screen views of the faCility in all directions. Location of Property: 9245 Main Road, East Marion; CTM 31-3-11.31 containing 3.05 acres. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: January 3, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 .. . #8172 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 we""!'), '",=,w,'" oommoocio, 00 "'0..1. 1th day of ~ 20~7. (}w~~Ycdf Principal Clerk Sworn to before me this 2007 V2- day of ~ J/IJ.) ~-----=- Q)VGWh0t Wf-u J""'- j ( CHRISTINA VOllNSKI NOTARY PU8l1C-STATE OF NEW YORK No.Ol-V06105060 Qualified In Suffolk County Commission Expires February 28. 2008 ~ ,I . :\/ \ ~ L"'/ LEGAL NOTICES \ \ \ \\ \ ~ \J ~ LEGAL NOTICE \~ \Y' SOUTHOLDTOWN \ .~~ ZONING BOARD OF APPEALS \ (\ ~ THURSDAY, JANUARY 25, 2007 \~ :I PUBLIC HEARINGS If- \:, NOTICE IS HEREBY GIVEN. pue- suant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearings will be .held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at. the Town Hall, 53095 Main Road, P.D. Box 1179, Southold, New York 11971-0959,00 TIlURSDAY, JANUARY 25, 2007, 9:50 A.M. ROBERT and SUSAN SOMERVILLE #5993. Request for a Variance under Section 280~124, based on the Building Inspector's November 15,2006 Notice of Disapproval, amend- ed January 3, 2007,conceming proposed additions and alterations to the existing single-family dwelling with a front yard setback of less than the code-required 35 feet, at 595 Oakland Court and Shady Lane, Southold; CTh190-4-1. 10:00 A.M. FIDCO #5990. Request for a Special Exception, based upon Code Sections 280-48, B6 and B8, con- cerning a proposed conversion of the existing building to recreation faci1ity and (nonprofit) meeting hall, in this B- General Business Zone District. Loca- tion of Property: Fox Lane Building #98 and Greenwood Road, Fishers Island; CIM 12-1-5.1. 10:15 A.M. SANDY GROUND LLC and S. PERRY #5992. Request for a Variance under Section 280-18 to reduce a lot to less than 40,000 square feet in this R-40 Zone, based on the applicant's submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The pro- posed lot line change will increase the improved lot (Parcell) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right-ai-way to Parcel 2), and will reduce the residential (Parcel 2) from 49,967 square feet to 24,891 square feet (plus 3,258 square feet for right-of-way and 3,228 square feet flagged area; also within the boundary of the parcels). Lo- .cation of Property: 57190 Main Road (S.R. 25) and private right-ai-way ex- tending 244.19 feet from the east side of Town Harbor Lane, Southold: CTM 63-4-3 and 5.1. 10:20 A.M. ARTHUR AIELLO #5995. Request for a Variance under Section 280-122 (100-244), based on the Building Inspector's June 16,2006 No- tice of Disapproval concerning a pro- posed 16' by 20' accessory garage which increases the lot coverage over the code limitation, at 615 Marlene Lane, Mattituck; CTM 143-3-26. 10:30 A.M. RUSSELL and FLOR- ENCE PELLICANO #5(1)1. Request for a Special Exception under Section l00-31B of the Southold Town Zoning Code. The Applicants-owners request a Bed and Breakfast use, incidental to the owner's occupancy in this single-fam- ily dwelling, for lodging and serving of breakfast to transient roomers, as an ac- cessory use. Location of Property: 9680 North Hayview Road, Southold; CTM 79-S-13.1. IOAO A.M. :!Ip and LINDA KERMANSHAHCHI #5986. Request for a Variance under Section 290-14, based on the Building Inspector's Oc- tober 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line, at 7213 Peconic Bay Boulevard,Laurel; CTM 126-10-1.2. 10:50 A.M. HENRY RUGGIERO #5982. Request for a Variance under Section 280-122, based on the Building Inspector's October 26, 2006 Notice of Disapproval concerning alterations andioe reconstruction of an existing sunroom, which will increase the degree of nonconformance when located less 1 than 15 feet on a single side yard (ZBA Interpretation No. 5039 in the Walz ap~ piication). Location of Property: 425 Calves Neck Road, Southold; CTM 63- 7-29.1. 11:05 A.M. W. BRUCE and MARY ANN BOLLMAN #5680. Hearing reopened for purposes of receiving documentation and testimony relative to LWRP Code Chapter 268 (Local Waterfront Revitalization Law). 111is is an application concerning a request for Variances under Section 100-244, based on the Building Department's February 3,2005 Notice of Disapproval, concern- ing an application for a building permit to substantially remove or demolish ex- isting dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limita- tion of 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marion; crM 31-13-4. 1:00 P.M. WILLIAM E. LEHM- ANN and ALICE LEHMANN #5989. Request for a Variance und(;r Section 280-13A (lOO-31A), bas(;d on the I3uild- ing Inspector's July 2B, 20Q6 Notice of Disapproval which states that the pro- posed garage is nol a permitted use on this vacant property located al 725 Rab- bit Lane, East Marion; CTh131-17-17. 1:10 P.M. JOSEPH E. GULMI and SUSAN BRAVER #5994. Request for Variances under Sections 2BO-13 (for- merly 100-33) and 280-105, based on the Building Inspector's December 11,2006 Notice of Disapproval con(;erning an as- built swimming pool in a location other than thc code-required rear yard and fence height exceeding the code height limitation of four feet, at 250 Pine Tree Court, Cutchogue; ParceI9H.I-7.11. 1:15 PM. EAST !\-'lARION FIRE DISTRICT #5972. Public Hearing rc. opened for purposes of receiving testi- mony relative to project cd telecommu- nications coverage for tower and anten- nas at heights over 80 feet. A Variance undcr Section 280-69 (lOO-162A3, A5) is rcquested, based on the Building Inspector's July 25, 2006 Notice of Dis- approval, for construction o[ a proposed wireless communication/telecommuni- cations tower on property owned, leased or otherwise controlled by a special dis- trict approved by the commissioners of the special district. Thc proposed tower will exceed the code limitation - with a height' greater than 10 feet above the average height of buildings within 300 feet of the facility, OR if there are no buildings within 300 feet, these facili- ties shall not project higher than 10 feet a~dve:$~_~w~{~ge.ttee-c:~~gRr;~~kJ tha.tf~cIi~~'~~~li't~'fi:~IW~l,li*~;"~"e if there ~re nobtiildiritswithiti 300fet; ofthe,prqpos~~Jacility-sitejaUt~le(;()Il: muni,~ti9n, t~'Y~fS "s!laIlhe 'sut3<lUW:le by FI~ns!t tI;~.~~(:tw_~,.~~t1i~~~:~,~C the faCilitY iti~1l dilecti~iis: i:.ctciiithic{ Property: 9?A5 MjUPl~.pa,(hE~~,ti~~~1 crM 31~3i:-11.31, conUtil1ingJ,q51'a9fCS, 1l1eJ3:oardof,Appeals,wHl,'4:e# ,a per&OfI!K or t~eir represe~~)~K~f<~ P!tto be heard 'at each, hea'nttg;~d/( d~iIing ,to submit .~f~~,,~,,;,~~~91 ~efore the'concluslon';~<':tf"-,~1ff:bea iJg. . Each hearing will .Jl9tijtart~rlit; ;~deSigriated above..r~._vlii abl~{;tor. revie~",du~in~,'.!~.g~I~Lbp8 ness'41burs and*<1t~q~ Jl8.\l:j;lf tb beari~': liyon havequesti()~Ple~ . do;'P.9kh~!;i4lt~~,.tl;lponta,ct,pw...t<tffi< at (631) 765-lllO9, or byenr<IlI: Lh1d. Kowals~~Town$outhold'~.rllS~..- Dated: lanuJITf 4, 2OQ7,., , ZONING BOARD OF A.ePEAL JAMES DINIZIO, JR., cfiAiRMA. 54375Main.Road.(Offi~ L.6c'ati()1 53095 Main Road (Majling t\-~dteO. P.O. Bodl~ Southold, NY. 11971,~D2: 8172-ITlIII . , ~ . FORM NO.3 NOTICE OF DISAPPROV At. DATE: July 25,2006 TO: Daniel Wood ale East Marion Fire District 9425 Route 25 East Marion, NY 11939 Please take notice that your application dated July 24, 2006 For permit for construction of a telecommunications tower and equipment structure at Location of property: 9245 Main Road. East Marion County Tax Map No. 1000 - Section 11 . Block.l LoUUl Is returned herewith and disapproved on the following grounds: The prpposed telecommunications tower and equipment structure. on this 3.05 acre parcel in the Residential R-40 District. is not permitted. pursumt to Article XVI. Section 100-162 (3) & (5), " "A wireless communications facilitv is a permitted use. not requiring site plan approval. if located on prooertv owned. leased or otherwise controlled bv a soecial district. provided that a license or lease authorizing such facilitv has been aoproved bv the commissioners of the special district. and provided that it does not exceed the maximum heights specified above. " Maximum height allowed is "10 feet above the average height of buildings within 300 feet of the facility... if there are no buildings within 300 feet... no more than 10 feet above the average tree canopv height in that radius measured from ground level. " Applicant is proposing a 120-foot monopole. Ian licant. '- -------.... 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. APPLICATION .BE SOUTHOLD TOWN ZONIN&ARD OF APPEALS - ;;. I For Office Use Only Fee: $ 'II)(> Filed By: e,J . ~) 't b r Date Assigned/Assignment No. Office Notes: ~97:J..., SEP 'I, 5 2GOb HamletEast Marion Parcel Location: House No. 9245 Street Route 25 SCTM 1000 Section~Block~Lot(s) 11. 31 Lot Size 3 . 05+ ac. Zone DistrictR -40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATEn: 07/25/06 fur construction of 120' monopole for publlc safety communlcatlons Applicant/Owner(s): East Marion Fire District Mailing Address: P.O. Box 131, East Marion, NY 11939 Telephone: (631) 4",\, -lOI\"~ Fax: NOTE: If applicant Is not the owner, state below if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Edward J. Boyd, Esq. Address: 54655 Main Road, P.O. Box 1468, Southold, NY, 11971 Telephone: (631) 765-1555 Fax: (631) 765-5969 Please specify who you wish correspondence to be mailed to, from the above listed names: o Applicant/Owner(s) RI Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 07/24/06 FOR: j'g Building Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XVI Section 100- 162 Subsection 3 & 5 Type of Appeal. An Appeal is made for: j;(j A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 280-A. o Interpretation of the Town Code, Article Section o Reversal or Other A prior appeal 0 has 1& has not been made with respect to this property UNDER Appeal No. _Year (for current and all prior owners). - . Page 2a - Appeal Application Part A: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: The site where the monopole antenna will be constructed is presently open space lying just North of one of the two structures that serve the community of East Marion as a firehouse. Great care has been exercised by the Commissioners of the East Marion Fire District in the development of this entire 3.05 acre parcel to assure that any and all improvements are necessary for and are consistent with the fire and rescue services provided by the East Marion Fire Department for their community. As times and populations change, so do the demands of the community and the technologies designed to meet those demands. The erection of this monopole antenna is a direct result of such advancing technology and it is vital to provide adequate emergency communications throughout the East Marion Fire District and into neighboring districts where East Marion firefighters and rescue personnel may be called to provide mutual assistance. Every effort has been taken by the Fire District to design an antenna which will minimize any negative visual impact, and it is their belief that the "flagpole" format presented as part of this application will not be a detriment to nearby properties but instead will be fully in keeping with the public service, governmental nature of the District property and its historic use as the community firehouse. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The East Marion Fire District owns only one piece of real property, and it is upon that property that the monopole antenna is to be erected. For reasons of technical and cost efficiency, it is not practicable to erect multiple antennas of a lesser height at staggered locations throughout the District. Security, electrical supply and proximity to the source of dispatch demand that the principal antenna be located as close to the firehouse as possible. Experience has shown that the present radio communications for fire and emergency medical services are woefully inadequate in the East Marion Fire District due to the lack of an adequate antenna array. The proposed location provides sufficient space so that an antenna of the required height may be safely constructed and maintained thereby providing the necessary public safety communications for the area. (3) The amount of relief requested is not substantial because: The monopole antenna to be erected by the East Marion Fire District has been designed in such a manner to present as a flagpole complete with the American Flag at its highest position. The location selected is removed from the Main Road in an area that is presently open space lying North of the firehouse. Radio studies indicate that optimum coverage for the District will be best provided by the installation of a 450 MHz antenna, five feet in length, at a position 120 feet above ground level. Although the erection of this monopole will create some visual change in the area, this change must be balanced against the necessity of improving emergency communications for the men and women of the East Marion Fire Department who tirelessly give of their time and effort to provide fire and rescue services to the community. In this context, the amount of relief requested is inconsequential. . . (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The monopole antenna to be constructed will be safe; its radio frequency emissions will be only a fraction of those allowed by Federal law. The height of the proposed antenna is less than that requiring any form of approval or warning device from the Federal Aviation Administration. The monopole itself is designed to withstand the highest anticipated wind velocities and its construction will be of the best materials available. Provisions will be made for periodic replacement of the American Flag so as to preserve its proper appearance and the monopole itself will present to the public as a typical flagpole. All equipment required for the powering and maintenance of the antenna will be located within a securely fenced area surrounding the base of the monopole, which fenced area will be screened with native plantings. The monopole antenna, when completed, should prove a visual asset to the community and will certainly provide the East Marion Fire Department with vital emergency radio communications which are presently lacking. Name of Owners: . . Appeal No. REASONS FOR APPEAL {additional sheets mav be used with aDDlicant's silmature!: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, becanse: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT bave an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or (x)No. Does this variance involve as-built construction or activity? ( ) Yes, or (x) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AN. PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (please be s]::::rsu t our aU rney.) Signature of Appellant (Agent must submit written Authorization from Owner) Sworn to efore me tbis l.. ~ b day '1~"'IiV1:. 20~. L.--------.-~ Notary Public EDWARD JOHN BOYD 5th Notary Public Slat: at New York 02B00376625 SdiGI1. County Commission Expires April 30, 200!:\- BUILDING ppAr APPLICATION CHECKLIST Do YO~ need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Edward J. Boyd, Esq. Mail to: TOWN OF SOUTHOLD _ BUILDING DEPARTMENllIIl!" TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 7.65-9502 www.northfork.net/Southold/ PERMIT NO. Examined Approved Disapproved ale Expiration Phone: 765-1555 'I g r JUL24 APPLICATION FOR BUILDING PERMIT L I I ')." --.1 Date --;::5"" '-" <."'" ,20~ ,-__Ie.'. INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink. and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may Dot be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Pennit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of South old., Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. East Marion Fire District (Signature of applicant or name, if a corporation) P.O. Box 131 East Marion, New York 11939 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Owner Name of owner of premises East Marion Fire District (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Daniel H. Wood, Commissioner, EMFD Builders License No. Plumbers License No, Electricians ,License No. Other Trade's License No. I. Location ofland on which proposed work will be done: 9245 Route 25 House Number Street East Marion Hamlet County Tax Map No. 1000 Section Subdivision 31 Block 3 Filed Map No. Lot 11.31 Lot (Name) 2. State existing use and OCCU. o~premises and intended use and occupancy o&osed construction: a. Existinguseandoccupancy Public Safety - Firehouse ~ b. Intended use and occupancy Public Safety - Firehouse Communications Tower 3. Nature of work (check which applicable): New Building Repair Removal Demolition and Public Safety Addition Other Work Publi c 'l'ower ,''- Alteranon Safety communicati (Description) 4. Estimated Cost $130,000.00 Fee 5. If dwelling, number of dwelling units If garage. number of cars N/A N/A (To be paid on filing this application) Number of dwelling units on each floor N/A 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height 120' Number of Stories Rear Depth 9. Size oflot: Front 293' Rear 249' Depth 342' Eugene Kessler, as Executor of Name of Fonner Owner the Estate of Herbert R. Mandel 10. Date ofpurchase 11/23/98 11. Zone cruse district in which premises are situated R40 and HE 12. Does proposed construction violate any zouing law, ordinance or regulation? YES_NO_ 13. Will lot be re-graded? YES NO x Will excess fill be removed from premises? YES x NO ~ast Marion 9425 Route 25 -- 14. Names of Owner of premises Fire District Address East Marion, NYl'honeNo. 477-0163 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? 'YES_NO ~ , IF YES, SOUTIIOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? ' YES_ NO ~ , IF YES, D.E.C. PERMITS MAYBE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) ss: COUNTY OF SuffolJq Daniel H. Wood being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Commissioner of the F;ast Marion Fire District, Owner of Premises (Contractor, Agent, Corporate Officer, etc.) ~ and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are lnle to the best oflris knowledge and belief; and lbat lbe work will be performed in the manner set forth in lbe application filed therewith. July 20~ ~~~ Notary Public EDWARD JOHN BOYD 5th Notary Public State 01 Hew York OZtll103766Z5 Suffolk County ,., Commlooion Elplr.. Ap~1 30, ZOO .,. ~ _ ~v / ~ trf..t . . S-ljA qg COUNTY OF SUFFOLK (~~) l "' t...K L~n RECEIVED DEe 1 2006 STEVE LEVY SUFFOLK COUNTY EXECUTIVE ZONING BOARD OF APPEALS DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING November 24, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision oflocal determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) FITF, LLC RosenbaumlNiamonitakis ~ Schoenhaar, Roy & Robert Seeley, Robert Drews, Michael& Robin Fergus, Edward East Marion Fire District Melnick, Mark 5617 5691 5764 5912 5929 5941 5972 5977 'Staff notes the subdivision of Lot I along the BIR 40 zoning boundary and the 25 ft. wide right-of-way servicing the 3 proposed lots. As proposed, lot 2 is considered landlocked with no legal access to an existing or proposed public road. Consideration should be given to increasing the width of the right-of-way to 30 ft. and redrawing both lots 2 and 3 as flag lots with 15 ft. of frontage along Main Road. Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (6311853-5190 TELECOPIER (631) 853-4044 . .-'\ KENNETH L. EDWARDS MAATIN H. SIDOR GEORGE D. SOLOMON JOSJJ:PH L. TOWNSEND - (\ (- MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 1197] . PLANNING BOARD MEMBERS .'Jl;JIULYN B. WUODHOUSE Choir OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 681 765-1938 Fax: 631 765.8186 PLANNING BOARD OFFICE TOWN OF SOUTH OLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant OCT 3 - 200b September 11, 2006 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: Proposed Site Plan for the East Marion FD Telecom SCTM#: 1000-31-3-11.31 Location: On the nlslo NYS Route 25 approximately 494' wlo Stars Road known as 9245 State Route 25, East Marion SEQR Status: Type I Unlisted ( ) (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This site plan is for a proposed Firehouse and Public Safety Communications 120' cellular stealth flagpole-type tower with Cingular equipment internally installed at heights of 107' & 117'. The pole illustrates a USA flag at the top. The Fire Department antennae are externally located at heights of 120' & under 96'; all on a 3.0583- acre split-zoned parcel in the R-40 & HB Zones located on the nlslo NYS Route 25 approximately 494' wlo Stars Road in East Marion. SCTM# 1000-31-3-11.31 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. ~,:0, 90. ~0 1JD md ~~~ BS3 aADa [a~~Ma3 595SS9~,~9 . .---.., ~ 'Jcr 1 , - ZOOh SEQR Negative Declaration Page Two September 11, 2006 No major change in the use of either the quantity or type of energy will occur. No known creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. The property is zoned Hamlet Business (HB) and R-40 (Residential) and does not contain significant vegetation. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character, Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. The proposed action is not in material conflict with a comml.mity's current plans or goals as officially approved or adopted. On August 24, 2006, the Suffolk County Department of Planning responded that as an interested agency they "have no objection to the Town of Southold assuming Lead Agency". On June 25, 2006 the East Marion Fire District responded that additional landscaping is recommended around the equipment compound in order to provide sufficient screening. The following was recommended by the Fire District, "A double row (staggered plantings) of larger plant material would have a greater visual effect". Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. There has not been any correspondence received from the Southold Town Zoning Board of Appeals, Southold Town Building Department, Southold Town Board, Southold Town Engineer or New York State Department of Transportation in the allotted time. Therefore, it is assumed that there are no comments or objections from these agencies. j7~:01 90, m DO c0d [[[ ~53 GADa r G~~MG3 595SS96~[9 . . , ..._ "r SEQR Negative Declaration Page Three September 11, 2006 For Further Infonnation: Contact Person: Address: Telephone Number. Amy Ford, Senior Planner Southold Town Planning Board 631.765.1938 OCT .1 - 200~ Cc: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Board Southold Town Engineer Suffolk County Planning Department New Vorl< State Dept. ofTransportation File v~:0~ 90. ~0 IJO ~0d ~~~ ~S3 a^08 f a~~Ma3 696SS9~~~9 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND e MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 e PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 2006 Edward J. Boyd, Esq. 54655 Main Road P.O. Box 1468 Southold, NY 11971 Re: Proposed Site Plan for East Marion FD Telecom Located on the n/s/o NYS Route 25 approximately 494' w/o/s Stars Road known as 9245 State Route 25, East Marion SCTM#1000-31-3-11.31 Zoning District: R-40&HB Dear Mr. Boyd: The Southold Town Planning Board, at a meeting held on Monday, September ii, 2006, adopted the following resolution: WHEREAS, this site plan was for a proposed 120' cellular stealth flagpole-type tower with Cingular equipment internally installed at heights of 107' & 117'. The pole illustrates a USA flag at the top. The Fire Department antennae are externally located at heights of 120' & under 96'; all on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25 approximately 494' w/o Stars Road in East Marion. SCTM# 1000-31-3-11.31; and WHEREAS, on July 10, 2006, the South old Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, made a determination that the proposed action is an Unlisted Action and initiated the lead agency coordination process on the application submitted on December 9, 2005; and WHEREAS, on July 25, 2006, the Southold Building Department issue a amended notice of disapproval for the East Marion Fire District; and WHEREAS, on August 3, 2006, the new agent Edward J. Boyd, Esq. submitted a revised site plan application indicating a change in the applicant, agent and proposed use; and WHEREAS, this site plan is for a proposed Firehouse and Public Safety Communications 120' cellular stealth flagpole-type tower with Cingular equipment internally installed at heights of 107' & 117'. The pole illustrates a USA flag at the top. The Fire Department antennae are externally located at heights of 120' & under 96'; all on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25 approximately 494' w/o Stars Road in East Marion. SCTM# 1000-31-3-11.31; and e I East Marion FD Telecom Page Two September 12, 2006 WHEREAS, on August 15, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, established itself as lead agency and continued to review this Unlisted action as revised by the new agent; be it therefore RESOLVED that, on September 11, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, .4~~ erilyn B. Woodhouse Chairperson Cc: South old Town Zoning Board of Appeals Southold Town Building Department Southold Town Board Southold Town Engineer Suffolk County Planning Department New York State Dept. of Transportation File Enc: Negative Declaration 5/\~ ~ L~.1I '} 2- PLANNING BOARD MEMBE JERILYN B. WOODHOUSE Chair I .. ?C1At: MAltiNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765.1938 Fax: 631 765-3136 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON I JOSEPli L. TOWNSEND 1/ July 11, 2006 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Lawrence C. Re Munley, Meade, Nielsen & Re 36 North New York Avenue Huntington, New York 11743 j I I ZONING BOARD OF N,"=,~,J _~_v.___.__ RECer,;" JUL 1 2 2006 Re: Proposed Site Plan for East Marion FD Telecom Located on the n/s/o NYS Route 25 approximately 494' w/o/sl Stars Road known as 9245 State Route 25, East Marion SCTM # 1000-31-3-11.31 Dear Mr. Re: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 10, 2006: WHEREAS, this site plan is for a proposed 120' cellular stealth flagpole-type tower with Cingular equipment internally installed at heights of 10T & 11T. The pole illustrates a USA flag at the top. The Fire Department antennae are externally located at heights of 120' & under 96'; all on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25 approximately 494' w/o Stars Road in East Marion. SCTM# 1000-31-3-11.31; be it therefore RESOLVED, that the South old Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this unlisted action. If you have any questions regarding the above, please contact this office. Very truly yours, ~~~~~~ Jerilyn B. Woodhouse Chairperson Cc: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Board Southold Town Engineer Suffolk County Planning Department New York State Dept. of Transportation File KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND tit MAILING ADDRESS: P.O. Box 1179 Sauthald, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Sauthald, NY . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Planning Board From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: April 26, 2006 Re: Proposed Site Plan for East Marion Fire District Telecom Located at 9425 NYS Route 24, East Marion SCTM #1000-31-3-11.31 Zone: R-40 and HB The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the following standard best management practices are implemented. Pursuant to Chapter 95, the Planning Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The property is located south of a desie:nated New York State Scenic Byway. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. Policy Standards 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. - . The proposed action is located south of State Road 25, a New York Scenic Byways. The monopole cell tower is proposed at 90' and will impact the scenic quality of the area. Mitigation proposed by the applicant to reduce impacts include painting the monopole white. To further mitigate visual impact the following is recommended. I. Require that the compound be relocated east of and behind the fire station buildine. The move would further cluster the development on the parcel and use existine development to screen portions ofthe proposed compound. Policy 5. Protect and improve water quality and supply in the Town of Southold. To further Policy 5, and protect and improve the water quality and supply in the area, it is recommended that the following best management practices be required: 3. Require the use of native plants and encouraee the use of disease-resistant and droueht-tolerant plants in landscapine. 4. Require a maintenance plan and two year survival requirement for all planted veeetation. 5. Recommend the use of mulch materials eenerated bv the Town of Southold Compost Facility which contribute to the replenishment of oreanic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's eround and surface waters. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Bruno Semon, Senior Site Plan Reviewer ~c.-.!>t Vtlo.dOVl F\,,~ 1>i~+V',ct __C1_)~5 ~__~~~_ EM+- J1'~ 31 3 -IL3 ~ 53tf~ - iJ~ F _~/t91()3.~ iPl.!.163 -# ,J- e z.t& JJ.. J-q 7 :L> ':\.. ~ e.uz ~ <or~~ Sf.. (~~) ~ ~~(/dfr~)([l=h) ?/J ,f.;.sJO? DALlt.,J. 3/rJo7