HomeMy WebLinkAboutLL 2007 #16
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STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
ELIOT SPITZER
GOVERNOR
LORRAlNEA C~S-VAzQUEZ
Sl!cRETARYlF STATE
August 23, 2007
RECEIVED
Lynda M Bohn
Deputy Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold NY 11971
RE: Town of Southold, Local Law NO.~ 17,18 & 19, of 2007, filed on
August 16, 2007
AUG 2 7 2007
Southold Town Clerk
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.nv.us/coro.misc.html . .
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
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WWW.D08.8TATE.NY.U8 E-MAIL: 1NFOOD.9,8.STATE,NY,U8
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SOUTHOLD TOWN BOARD
PUBLIC HEARING
July 17, 2007
4:35 PM
COUNCILMAN WICKHAM: WHEREAS there has been presented to the Town Board
of the Town of South old, Suffolk County, New York, on the 19th day ofJune, 2007, a
Local Law entitled, "Temporarv Moratorium on the Processinl!, Review of, and
makinl! Decisions on applications for Buildinl! Permits, Site Plans and Special
Exception Use Permits for Wireless Communication Facilities in the Town of
Southold"; now therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
Yark, on the 17th day of July 2007 at 4:35 p.m. at which time all interested persons will
be given an opportunity to be heard.
The proposed Local Law entitled, "Temporarv Moratorium on the Processinl!.
Review of, and makinl! Decisions on applications for Buildinl! Permits. Site Plans
and Special Exception Use Permits for Wireless Communication Facilities in the
Town of South old" reads as follows:
LOCAL LAW NO. 2007
Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Building Permits, Site Plans and Special Exception Use Permits for
Wireless Communication Facilities in the Town of South old.
BE IT ENACTED BY the Town Board of the Town of South old as follows:
Section I. PURPOSE AND INTENT
The Town Board is considering the important implications of the recent proliferation
of wireless communication facilities projects within the Town, including already
constructed cell towers, towers currently under Town review and proposed cell tower
projects. The Town Board believes that a haphazard, piecemeal approach to the
proliferation of such towers could be detrimental to the character of the Town, including
its active farmland, open spaces, scenic byways and vistas, all of which the Town has
expended substantial resources to preserve, cultivate and maintain. The Town Board
recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict
between the need far cell towers, for emergency and other communication purposes, and
the Town's other planning goals.
The size and scale of the Town, the scale of its agricultural and rural history, and
the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and
other past planning studies) dictate that wireless communication facilities should be
placed in a strategic manner so as to coexist as peacefully as possible with the Town's
historical, agricultural and rural culture. Regulations on the size, location and appearance
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of wireless communication facilities are necessary to address the problems these
structures create.
It is critical that the issues be handled in a comprehensive manner, crucial
legislative decisions made and those decisions implemented. The Town is establishing a
Wireless Communication Facility Task Force to work with the Planning Board, Planning
Department and the Town Attorney to review the locations, size and appearance of cell
towers, to update and create new legislation that will comprehensively meet the long-
range goals of the Town. The Town Board finds that it is reasonable and in the public
interest to temporarily suspend the application process for wireless communication
facilities so that it has adequate time to examine, assess and address these uses that would
otherwise be detrimental to the community.
For the reasons stated above and to permit the Town Board to decide on and enact
needed legislation, this moratorium is necessary.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred Eighty (180) Days following the effective date of
this Local Law after which date this Local Law shall lapse and be without further force
and effect and subject to any other Local Law adopted by the Town Board during the One
Hundred Eighty (180) Day period:
I) the Planning Board shall not accept for review, continue review, hold a
hearing or make any decision upon any application for a site plan
containing a WIRELESS COMMUNICATION FACILITY, whether
submitted prior to or after the effective date of this law, and shall not be
subject to the time periods specified in Town Law 9274-a and Article
XXV of the Southold Town Code, including without limitation,
provisions relating to the processing, reviewing, holding of hearings and
the rendering of decisions. The statutory and locally-enacted time
periods for processing and making decisions on all aspects of said site
plan applications are suspended and stayed while this Local Law is in
effect. All terms used in this Local Law are as defined in 9280-4 of the
Code of the Town of South old.
2) The Zoning Board of Appeals shall not accept for review, continue
review, hold a hearing on, continue a hearing or make any decision
upon any application for a special exception use permit containing a
WIRELESS COMMUNICATION FACILITY, whether submitted prior
to or after the effective date of this law, and shall not be subject to the
time periods specified in Town Law 9274-b and Chapter 280 of the
Southold Town Code, including without limitation, provisions relating
to the processing, reviewing, holding of hearings and the rendering of
decisions. The statutory and locally-enacted time periods for processing
and making decisions on all aspects of said special exception use
permits are suspended and stayed while this Local Law is in effect. All
terms used in this Local Law are as defined in 9280-4 of the Code of the
Town of South old.
3) The Building Inspector shall not accept for review, continue review or
make any determination upon any application for a building permit
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proposing a WIRELESS COMMUNICATION FACILITY, whether
submitted prior to or after the effective date of this law, and shall not be
subject to the time periods specified in Town Law g274-a, Chapter 280
and Article XXV of the Southold Town Code, including without
limitation, provisions relating to the processing, reviewing and the
rendering of determinations. The statutory and locally-enacted time
periods for processing and making determinations on all aspects of said
building permit applications are suspended and stayed while this Local
Law is in effect. All terms used in this Local Law are as defined in
g280-4 of the Code of the Town of South old.
Section 3. APPLICATION
This Local Law shall apply to ALL [new or pending] applications for site plans or
special exception use permits for WIRELESS COMMUNICATION FACILITIES in the
Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
I) Site plans for which final or conditional final approval was granted by the
Planning Board prior to the effective date of this Local Law.
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO
SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are
construed as inconsistent with the provisions of New York State Town Law, this Local
Law supersedes, amends and takes precedence over NYS Town Law pursuant to the
Town's municipal home rule powers, pursuant to Municipal Home Rule Law
gIO(l)(ii)(d)(3); gIO(l)(ii)(a)(l4) and g22 to supersede any inconsistent authority.
In particular, to the extent and degree any provisions ofthis Local Law are
construed as being inconsistent with the provisions of Town Law g274-a, g274-b and the
provisions and requirements set forth in Chapter 280 of the Southold Town Code, which
require that the Planning Board or Zoning Board of Appeals process, review, hold
hearings on, and act upon applications for site plans and special exception use permits
within specified time periods, this Local Law suspends and stays the running of time
periods for processing, review, holding hearings on, making decisions, and taking action
on such applications provided for in those laws and is intended to supersede and amend
any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application
of any provision of this Local Law if, in its legislative discretion, upon its determination,
the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel
of property. To grant such request, the Town Board must find that a variance or waiver
will not adversely affect the purpose of this Local Law, the health, safety or welfare of
the Town of Southold, or any comprehensive planning efforts being undertaken in the
Town. The Town Board shall take into account the existing land use in the immediate
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vicinity of the property, the range of business opportunities in the vicinity of the property
and the surrounding hamlet, the rural, cultural, historic and business character of the
hamlet, and the impact of the variance or waiver on the open and recreational space, and
transportation infrastructure of the Town. The application must comply with all other
applicable provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk
and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such
application, along with copies of the site development plan and any related information
required in accordance with the procedures set forth in Chapter 280 of the Southold Town
Code.
c. All such applications shall, within five (5) days of filing with the Town
Clerk be referred to the Planning Board, which shall have ten (10) days following receipt
to make a recommendation to approve or disapprove a variance or waiver of this Local
Law. The application and recommendation shall be transmitted to the Town Board. The
Town Board may conduct a public hearing and make a final decision on the application,
with or without conditions. Final approval is reserved to the absolute legislative
discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
That basically is the public hearing and that is the notice that has been published out there
on the Town Clerk's bulletin board. It has also been included in the local newspaper as a
legal. I have a letter here and it is not signed "To Supervisor Russell and the Town
Board, I am writing in regards to the proposed Cingular wireless cell tower plan for
Orient by the Sea. I think, along with many others in the area to whom I have spoken,
that for this tower to be permitted is a disgrace, benefiting no one directly but a particular
family. The money from this tower will go directly to the owners and will be of no
financial gain to the rest of the Town. In a previous article in the newspaper, the
Supervisor was quoted as saying that no towers should be for personal gain and this is
exactly what this would be. There is already a cell tower in Orient but at least that
benefits the local fire department. There is no proven need for a tower that far out, whose
service would benefit solely the bank account of one business. Because I am acquainted
with the owner of that business, as are others, we wish to remain anonymous at this time.
If there was a need for a tower out that far in Orient, why not the state park? Where the
financial gain would be for the greater good. Allowing this to proceed would be opening
Pandora's box. On an additional disturbing note, the public hearing sign posted at the
restaurant was taken down the very day it was posted and to our observations, was never
returned. This is a sneaky and underhanded maneuver to fly below the radar during this
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time where cell towers are such an issue. We would hope the Board would reconsider
their position on this tower and at the very least, have Orient by the Sea, the business,
subjected to the proposed moratorium. Thank you very much." Here is a letter from
Ellen McNeilly, "[ am writing in support of the proposed moratorium on cell towers and
would like this letter in its entirety to be read into the record. Based on my experience as
the co-chair of the cell tower committee of the Orient Association, the issues raised now
before the Town are too important to be addressed piecemeal. Tower erectors are viewing
the Town's fire and park districts as means to build towers in areas where cell towers are
per se prohibited by Town legislation. They offer to build so-called public safety towers
at no cost to public districts but only at a height that works for cell operators, once
approved, these so-called public safety towers then become co-location opportunities for
cell companies who become tenants of the tower erector and sub-tenants of the fire
districts. This becomes a complicated and risk laden situation for district tax payers. The
technology that fire districts currently use which is low band, is increasingly impacted by
low band commercial communications. Manufacturers are no longer supporting their old
equipment. They do need to upgrade and to high band interference free communications.
Do FD, PD, EMS communications need tall towers to solve these problems? These
companies that want to erect tall towers and lease them to cell companies say yes,
marshalling so called facts which seem to in effect of the necessity of great height. But
upon closer examination, the answer is a definite no. Sixty feet to 75 foot towers are
sufficient to send line of sight FD, PD, EMS signals 12 miles in all directions. The
hamlets, villages and townships on the north fork fall within that distance of each other,
so there is no need to exceed that height. Cellular signals, in contrast, are set to a range
of six to eight miles on the types of towers, that is 90-120 feet proposed. When using the
omni directional antennae typically employed signal propagation forms 360 degree rings
of gradually decreasing strength. This means that there will never be 100 percent
coverage, even if locating a tower every five miles. There will always be gaps where the
circles overlap. Think of the Olympic symbol, for instance. For this reason, cell
companies are increasingly relying on new, less expensive, easily upgradeable distributed
digital technologies, making it possible to locate cell equipment on existing infrastructure
such as telephone poles, bypassing the need for large towers. Most importantly, this
technology and the very equipment that cell and cable companies are using can itself be
used to carry and distribute fire, police and EMS signals. The availability of this new
technology, in places like East Hampton to call for solution partners to design a
distributed antenna system for cell communications utilizing existing towers, existing
electric and light utility poles, as well as small, distributed 60 foot to 70 foot towers in a
mesh. This has been initiated by the Planning Department, and would involve no Zoning
or Building Department issues. The 1996 Federal Communications Commission ruling
on cellular communications mandated that towns must permit satisfactory coverage. This
does not mean 100 percent or even full coverage, simply satisfactory coverage.
Furthermore, towns are not required by federal regulation to satisfy all the cell
companies. For instance, Verizon could provide satisfactory cell coverage to all residents
of Southold but that would hardly be satisfactory for T-Mobile, A TT/Cingular or Sprint.
Ultimately, it is up to the residents of Southold to determine what is satisfactory. So what
do we do? Does the town become a pincushion? What risks do commercial leases on tax
exempt public property pose for the hamlets? Will it affect their capacity to bond for
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upgrades of any kind? Case law and bond attorneys indicate, yes. What risks do the
taxpayers assume, without voting to do so? Who oversees the leases with the tower
erectors and their cell company sub-tenants? Is there any consistency from district to
district? What happens to the money from the leases? Remember, as Newsday pointed
out in its series on fire departments on Long Island: When it comes to spending (ie their
budgets) fire districts don't answer to any other level of government, not even the
Supervisor or the Town Board. Do we really want it to be this way? A moratorium is a
public necessity. Six months would be the bare minimum needed to form a task force
and for it to marshal the information required for you and the Board to act on behalf of
the Town in determining the best approach to meeting Southold's communication needs,
both public and private, while protecting the taxpayers. A different approach must be
found; one that draws on the technical, legal and governance experiences of other
localities like ours, and meets our needs: public safety, public responsibility and yes,
public convenience. Very truly yours, Ellen McNeilly" And from Jerilyn Woodhouse,
the Chair of the Town Planning Board, "The Planning Board supports the enactment of
this proposed law and offers the following comments: I. The Planning Board has
concerns that, if unmonitored, cell towers may someday degrade the scenic character of
Southold. 2. Before additional applications for cell tower communication facilities are
processed, an inventory of existing structures needs to be taken, along with an assessment
of coverage and need. 3. Specific issues that the Board would like to see addressed
during the moratorium are the advantages and or disadvantages of constructing two
smaller towers as opposed to one larger tower, the feasibility of more than one provider
co-locating on the same tower and the limitations placed on Planning Boards by the
federal telecommunications act. 4. Until now, there has been little or no long range
planning with respect to cell towers. While people agree that cellular service can be
beneficial, they also agree that more input and planning needs to be undertaken in the
process of siting the towers that provide the service. 5. The Planning Board recommends
the town Board give consideration to the creation of a task force to study the future of
cell towers within the Town of Southold and address concerns not currently codified as
part of the review process. These issues/concerns include cell tower saturation, existing
legislation regarding the location of cell towers/cellular communication facilities and
future location of cell towers/cellular communication facilities and emergency
preparedness. Please advise if you have any questions or need additional information."
Those are the only written documents that I have in the file today.
SUPERVISOR RUSSELL: I would recommend that that person who wrote the second
letter serve as chairwoman as the task force. She seems to know a lot about it. I think the
reason we talked about this moratorium is we need science and physics to drive this issue,
not just simply willing landowners or landlords for the easy revenue it creates. Would
anybody like to come up and address the Board on this? Marie?
MARIE DOMENICI: Marie Domenici, Mattituck. I realize that we can't stand in the
way of progress and but in the interest of recognizing that there could be some health
concerns about the placement of these cell towers, they have electro-magnetic fields and
emf has been associated with childhood leukemia's and I would be one, concerned about
where we would site those towers and two, really looking, first of all let's talk about is
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this a need or a want, is this about promoting corporate growth or is this something that
this town really needs and people are jumping up and down about it and we need to have
it. I am just concerned from the health perspective. Ifwe really want to know what kind
of electro-magnetic fields they emit, than let's get somebody with one of those little
widgets, I don't know what they call them and go stand next to a cell tower somewhere
and then tell me if you want your office located next to that cell tower or if you want your
children playing in a park or along the beach. It is really something that I would hope the
Town considers, aside from all the economic impact. I think we need to look health first.
Too many children today are being raised with various cancers, some leukemia's and we
all scratch our heads and say, why? So my question would be to really look at that and I
would ask the Board to look at that from a health perspective and then we can look at it
from an economic perspective. Thank you.
SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up
and address the Board on the cell tower moratorium?
EDWARD BOYD: Good afternoon, Supervisor Russell and members of the Board.
Edward Boyd, Southold, New York. I am here wearing two separate hats today. I will
start off with the fire department hat, as ex-chief of the Southold fire department,
president of the Southold Town fire chiefs council. I want to impress upon this Board the
absolute necessity for cellular telephones. The radio systems that we use, be they low
band, high band or the ultra high frequency are very much stressed. There are many
times that we must, for efficiency, rely upon cell phones to get our communications back
and forth between our members, between our bases and indeed, between our ambulances
and the hospital simply because we can't get through on the traditional lines of
emergency communications that have been made available to us. The use of cell phones
is increasing dramatically. At present, it is estimated that approximately 42 percent of the
emergency calls that are received by the county of Suffolk at FRES (Fire, Rescue and
Emergency Services) come from cell phones or are initiated from cell phones. In
Southold Town it is estimated that it is approximately 50 percent or somewhat over that,
as it has been described to me, everyone in Southold is using a cell phone, people are
even using them to call from their own homes. I had an opportunity to speak Captain
Frohnhoeffer, the founder and CEO of SeaTow International, his experiences in the local
area, approximately 60 percent of the emergency calls come in by cell phone and in his
national and international operation, that number approaches 80 percent. The cell phone
is unfortunately or fortunately, depending upon your point of view something that is here
to stay. I wanted to impress upon this Board the fact that it is a very vital component of
the emergency communication system. I will not speak for the police department, you
have your own resources to do that. But speaking for the fire service and for the
emergency medical service, cell phones are vital to us. And I am very much concerned
about any moratorium that is going to make it more difficult for us to improve the cell
phone service in Southold Town. We have a number of dead spots, we have a number of
spots along the Sound, where if a cell phone conversation is initiated, it goes to
Connecticut rather than comes to an answering place here in Southold. We have our own
(inaudible) the Southold Town police, they do an absolutely fine job but there is a terrific
delay occasioned by a telephone call, cellular call, made along the Sound which is routed
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to a Connecticut answering point and then has to be sent back to Southold for dispatch of
apparatus and equipment. All of these things in my mind, indicate that we should tread
very carefully with a moratorium that is going to make it more difficult for us to improve
the cellular telephone service in Southold. Now, the other hat that I wear is that of an
attorney and I represent several of the fire districts that are involved in this matter. As
you know, I represented the Orient Fire District and we managed to secure permission
from the Planning Board and the Zoning Board of Appeals for the erection of a tower.
We have that tower in place now and this was a tower designed for emergency
communications. It was designed for fire district, fire department use. The opportunity
came to allow cellular telephone companies to co-locate on our tower. By doing this co-
location, several things are accomplished. Number one, the cellular antennas are
centralized in one location, so there is not a proliferation of cellular towers or cellular
antennas throughout the community. Number two, an opportunity arises and it is a very,
very important one, for a district such as Orient or East Marion, to receive revenue from
the cellular companies for the placement. Indeed, without the agreements that were
struck in Orient, I question whether the financial ability would have been in that district
to build the tower in the first place. But thankfully, because we were able to work out a
deal with the cellular carriers or the assembler who put the package together, we have a
tower there. as a matter of fact, I understand that at tonight's Board of Fire
Commissioners meeting the cellular companies are going to make a $60,000 donation to
the Orient Fire District, separate and apart from the rent that has been charged and is
being charged for the use of that tower. Now, $60,000 coming into the district that has a
budget of several hundred thousand dollars a year is a rather substantial shot in the arm
and I would hate to see that this moratorium make it more difficult for fire districts to
secure the approval to have towers and that brings me to the point that I am really here
for; and that is the East Marion tower. In East Marion, we have already received
approval from the Planning Board and from the Zoning Board of Appeals to erect a 110
foot tower for fire service use, for our emergency communications. There is presently
pending before the Zoning Board of Appeals, an application to co-locate on that tower by
a cellular carrier. The co-location in this particular instance will result in absolutely no
visual impact to the community. The cellular antennas are going to be contained
completely within the monopole which is being erected for fire department use. I am
afraid that this moratorium is going to work a severe hardship on the East Marion fire
district in that it is going to delay the construction of their tower which is vitally
necessary for emergency communications. I understand that in the proposed law for this
moratorium, there is a provision for a waiver that can be addressed to the Town Board.
The Town Board will then send it to the Planning Board for comment. It will then come
back to the Town Board for a final determination. The way things are, this will take a
substantial amount of time. I would certainly like to see the East Marion fire district
project eliminated from this moratorium. We already have our approval to build the
tower. We are ready to go with that yet is seems that we are going to be swept into the
same constraint that people who are applying for new towers are, the same standards that
they are held to. I am not making any brief for Orient by the Sea or for the Mattituck
Park District or anything like that, I am simply trying to point out to you that we have a
particular problem in East Marion, we have a tower that is approved and I would like to
see us able to go ahead with that. We are very close to being able to bring that one home.
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It is very important because the present communications in the East Marion Fire District
are not good. I heard a couple of the comments that were contained in letters that came
to the Board and not to prolong this thing too much but the first letter that was read by
Councilman Wickham, I believe had language in there about the removal of a sign at
Orient by the Sea being a sneaky and underhanded type thing. Personally I can't think of
anything more sneaky and underhanded than writing an anonymous letter. And having
the anonymous letter read into the record as though it is subject to and worthy of the
same criticism and credit as someone who is willing to stand up in favor of their position.
Secondly, in the other letter that came to us, there was a point made about the height of
the tower not being necessary for the emergency communications because you can
transmit perfectly adequately from 50 feet or 60 feet. That is absolutely correct. There is
no question about that but these towers that we are building for the public service use are
not at the height they are for the purposes of sending out signals from that distance, from
that altitude. They are there to receive signals. The mobile units that we have in our
vehicles are 25 watts. We could probably get by with 25 watts at a much lower level of
height for the antenna. The hand held units that are given to our fire fighters and to our
ambulance people are 5 watt units, roughly the power equivalent of your cell phone. We
need antennas that are 100, 110, 120 feet high to receive the signals from these hand held
units. There is a great misconception about this. We are not putting the antennas at that
height to disseminate our signal, we are putting our antennas there so that we can receive
the word from the people in the field who are using relatively low powered machinery.
There is a limit on the amount of power we can use on a hand held radio. It is an FCC
limit. The same as the limit that is put upon a mobile unit in a car or truck and the same
as the limit that is put upon a bay station at 100 watts. We must adhere to all of these
federally established power limits and in order to receive a call from a fire fighter who
may be in difficulty in a basement or in a otherwise inaccessible location, we have to
have the antennas at that height to assure coverage. That is why it is there. The
transmission is a different matter but I can tell you from experience and certainly from
the hearings that I have conducted on this thing that the height is absolutely necessary for
the safety of the fire fighters and the ambulance personnel. If you have any questions
that I can address, I would be happy to do that. Or if there is any additional information
that you want, I would be happy to bring that to your attention.
SUPERVISOR RUSSELL: I just want to comment on a couple of things. First, I agree
with a lot of what you said, that is why I think it is good to have a policy, so that we, I
think we are making a mistake now by lumping emergency communication needs with
commercial vendor needs. I think there needs to be separate protocol for making sure
that we are meeting our emergency service and communications needs from the private,
in other words, Verizon shouldn't be driving the application process, our emergency
needs should. That is why we need a policy to address that. Also, I think there was a
discussion about the specific application for the fire district in East Marion, I don't think
we wanted to include that but for legal reasons, we couldn't cherry pick one application
out of the bunch. Which is why it unfortunately fell within the bailiwick of this
moratorium. But it would certainly be my intention to waive them from the process
because if they have conditional site plan at this point, then I believe they wouldn't be
subject to this moratorium.
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MR. BOYD: We have the approval, we being the fire district, have the approval to erect
our tower.
SUPERVISOR RUSSELL: Do you have the conditional site plan?
MR. BOYD: We have. The fire district, to erect the tower. The hang up comes with the
application to co-locate the cellular antenna on our tower. And I am not here, again, to
make the brief for the cellular operator in this case but without the cellular money coming
in, the tower is not going to be built.
COUNCILMAN EDWARDS: Well, in response to that I would like to ask the Town
Attorney because the language here is very clear. It says "this local law shall not apply
for which final or conditional final approval was granted by the Planning Board prior to
the effective date" it doesn't say about, you know, something which is I gather, before
the ZBA. But am I not correct?
TOWN ATTORNEY FINNEGAN: Well, it also says in number two, the Zoning Board
shall not continue a review. So if the Zoning Board has before them the applications for
a co-location, it would get....
MR. BOYD: That is absolutely correct. This was a bifurcated application.
SUPERVISOR RUSSELL: Okay.
MR. BOYD: The initial application was made by the fire district to erect the tower for
public safety communications and then the cellular company would come in after that to
co-locate on the tower that has already been approved. It was the same mechanism that
was used in the Orient situation. I am just afraid that we are going to get hung up on that
and I don't want to see that.
SUPERVISOR RUSSELL: Okay. I would look for help from your organization and
other organizations when we start developing this policy, so that the emergency
communication needs are being met. But again, I don't think it is appropriate for the
Town to have this one size fits all in the approach to cell towers. They are very different
and the needs are very different. I don't want Verizon or Cingular driving my
applications, I want good emergency communication needs addressed first and then the
other stuff can fall underneath it.
MR. BOYD: Certainly the two that I have been involved in that we just discussed where
not driven by cellular operators. They were driven by the communication needs for the
fire districts.
SUPERVISOR RUSSELL: I understand that. This was, obviously, in response to some
other application. Thank you. Would anybody else like to come up and address the cell
tower moratorium? Brian?
Cell Tower Moratorium _liC Hearing
.
11
BRIAN WEINGART: Brian Weingart, resident of East Marion, also a member of the
East Marion Fire Department. An ex-chief of the department. I am speaking on behalf of
myself, I am not speaking for the fire district or fire department but as someone who, as
Ed said tonight this communication tower is a tower that we need. Weare in like the
third phase of implementing our new communication system. The only thing that is
holding us up right now is the tower. If the fire district was to build this tower on its
own, we probably wouldn't be getting the type of tower that we are getting now. We
wouldn't be able to afford it. The taxpayers would definitely vote it down. This was one
of the added bonuses of co-locating with the cellular companies. Ed was right, the height
comes in not on transmitting but on receiving. We had an incident down the bluffs, off
the end of Rocky Point Road last year, we were performing CPR on a gentleman, we had
no communications down there. There are other dead areas in the district as well. I was
hoping that you would also consider the fact that giving us, the giving the department the
waiver or the district I should say, the waiver, this is purely a emergency tower. We
wanted to erect one, they did the work, they went out, got this company to agree to put it
there. obviously, Bill, they would probably like it in a different spot but that wasn't our
driver. The cellular communications as far as me as a department member is irrelevant of
our communications. Like I said, we are in the third phase, it is very important that we
have this tower. If it should get stuck in the moratorium and we lose the backing from
them, I would hope that my fire district continues to put up the tower, it may not be the
same type oftower that is going to be...
SUPERVISOR RUSSELL: Can Ijust...
MR. WEINGART: Like a monopole instead of maybe like the old type towers like we
have down, like you see in Peconic. The old pyramid, wired things that are going to be
more eyesores than anything else.
SUPERVISOR RUSSELL: Can I ask procedural issue? How and when do they request
a waiver from the moratorium?
TOWN ATTORNEY FINNEGAN: The waiver application goes to the, the waiver
application goes to the Town Clerk. The Town Clerk then forwards it to the Planning
Board, the Planning Board has 10 days. If everybody is in support of it being expedited,
it can be on at the next meeting. It is not a burdensome problem, you know, it is
something you can get. . .
COUNCILMAN EDWARDS: It comes to this Board?
TOWN ATTORNEY FINNEGAN: It comes to the Town Board to decide.
SUPERVISOR RUSSELL: We can have action on this in two weeks.
MR. WEINGART: But the problem is, without the pole location there is going to be no
funding.
Cell Tower Moratoriumlblic Hearing
.
12
SUPERVISOR RUSSELL: All we can do is waive the application so that you can go to
the ZBA still. I can't, I can't affect the outcome of the ZBA hearing. All I can do is say,
this application if by a vote of the Board, says it should be marched through the process;
we can march it through the process so they can get back to the ZBA, which I assume is
where he is stuck up right now.
COUNCILMAN WICKHAM: But Scott, I don't think we can waive it that readily. The
law, the way it is written, says only by a showing of extraordinary hardship.
SUPERVISOR RUSSELL: Well, that is for them to outline to the Town Clerk, for us to
consider in two weeks and see if they have met that burden.
MR. WEINGART: The other unfortunate thing is, the meeting was adjourned because
they were waiting to see the outcome of this meeting.
SUPERVISOR RUSSELL: Okay.
MR. WEINGART: So there was a meeting date set...
SUPERVISOR RUSSELL: Outline the concerns, let's get them to Betty as quickly as we
can so that the Town Board can weigh in on it, for better or worse, whether we say yes or
no in two weeks.
MR. WEINGART: I appreciate that.
SUPERVISOR RUSSELL: Alright. Thanks, Brian. Would anybody else like to come up
and address the Town Board? Marie Domenici.
MS. DOMENICI: Ijust have a quick question. Is the $60,000; is that a one time fee that
is being paid to the district? Do we know?
COUNCILMAN EDWARDS: I think it was presented as a donation, was it not?
MS. DOMENICI: And are there going to be monthly or annual fees that are going to be
paid, too?
SUPERVISOR RUSSELL: I am not privy to any of that information.
MS. DOMENICI: The reason that I am asking that is, if indeed, there is monies that
come in as a result of that cell tower, than does that help then to defray the cost to the
taxpayers on future tax hikes for the fire departments? What happens to that money?
SUPERVISOR RUSSELL: If there were any income from a cell tower, I can presume
that they are making that part of their financial package that they present to the voters
each year. In other words, as income received, offsets against the expenses. But, you
Cell Tower Moratorium_lie Hearing
.
13
know, you can talk to the fire district commissioners on how they work it into the
equation.
MS. DOMENICI: Okay, thanks.
SUPERVISOR RUSSELL: Thank you, Marie.
MR. WEINGART: I work 100 feet below a cell tower, in front of five computer
monitors every day. So, if I am risk, I am at risk but a lot of people are at risk, if we
don't have the communications.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town
Board on the cell tower hearing? (No response) Can I get a motion to close the hearing?
* * * * *
rL;'/J7JO~
~I~~eville
Southold Town Clerk
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 6, 2007
Federal Express
Linda Lasch
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 16, 18 & 19 of2007
Town of Southold, Suffolk County
Dear Ms. Lasch:
Town Hall, 53095 Main Road
P.O. Box 1179
Sou/hold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown. northfork. n et
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Number 16, 18 & 19 of2007 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you.
JJ;rfl
Lynaa M Bohn
Southold Deputy Town Clerk
Enclosures
cc: Town Attorney
. .
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
July 27, 2007
RECEIVED
Ms. Elizabeth Neville, Town Clerk
Town of Southold Planning Bd.
53095 Main Road - P.O. Box 1179
Southold, NY 11971
A~G 7 2007
SOil':""!:! T{~<m Clerk
Applicant: Town of South old
Zoning Action: Moratorium (Wireless Communication Facilities)
Resolution #2007 -636
Public Hearing Date: 7/17/07
S.C.P.D. File No.: SD-07-06
Dear Ms. Neville:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the above referenced application, which has been submitted, to the Suffolk County Planning Commission is
considered to be a matter for local determination as there is no apparent significant county-wide or
inter-community impact(s). A decision oflocal determination should not be construed as either an approval
or disapproval.
Very truly yours,
Thomas Isles, AICP
~~ing
orew P. Frelen~cp
Chief Planner
APF:cc
G:\CCHORNY\ZONINGIZONING\WORKING\L02005\MA Y\BR04-105.APR
LOCATION
H. LEE DENNISON BLDG.. 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE. NY 11788-0099
.
(631)853-5190
TELECOPIER (631)853-4044
.
.
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing
41 STATE STREET,ALBANY, NY 12231
(Use tbis form to file a local law witb tbe Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
CtHIRtj
~
Town of
",TillagB
SOUTHOLD
LOCAL LAW NO. ...!Lof2007
Temporary Moratorium on the Processing, Review of, and making Decisions on applications for
Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the
Town of Southold.
BE IT ENACTED BY the Town Board of the Town of South old as follows:
Section I. PURPOSE AND INTENT
The Town Board is considering the important implications of the recent proliferation of wireless
communication facilities projects within the Town, including already constructed cell towers, towers currently
under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal
approach to the proliferation of such towers could be detrimental to the character of the Town, including its
active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial
resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is
inadequate to deal with the inherent conflict between tlte need for cell towers, for emergency and otlter
communication purposes, and tlte Town's other planning goals.
The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of
the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that
wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as
possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and
appearance of wireless communication facilities are necessary to address the problems these structures create.
It is critical that tlte issues be handled in a comprehensive manner, crucial legislative decisions made and
those decisions implemented. The Town is establishing a Wireless Communication Facility Task Force to work
with the Planning Board, Planning Department and the Town Attorney to review the locations, size and
appearance of cell towers, to update and create new legislation that will comprehensively meet the long-range
goals of the Town. The Town Board finds that it is reasonable and in the public interest to temporarily suspend
the application process for wireless communication facilities so that it has adequate time to examine, assess and
address these uses that would otherwise be detrimental to the community.
(If additional space is needed, attacb pages tbe same size as tbis sbeet, and number eacb.)
DOS-239(Rev.II/99)
.
.
For the reasons stated above and to permit the Town Board to decide on and enact needed legislation,
this moratorium is necessary.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after
which date this Local Law shall lapse and be without further force and effect and subject to any other Local
Law adopted by the Town Board during the One Hundred Eighty (180) Day period:
1) the Planning Board shall not accept for review, continue review, hold a hearing or make any
decision upon any application for a site plan containing a WIRELESS COMMUNICATION
FACILITY, whether submitted prior to or after the effective date of this law, and shall not be
subject to the time periods specified in Town Law ~274-a and Article XXV of the Southold
Town Code, including without limitation, provisions relating to the processing, reviewing,
holding of hearings and the rendering of decisions. The statutory and locally-enacted time
periods for processing and making decisions on all aspects of said site plan applications are
suspended and stayed while this Local Law is in effect. All terms used in this Local Law are
as defined in ~280-4 ofthe Code ofthe Town of Southold.
2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on,
continue a hearing or make any decision upon any application for a special exception use
permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to
or after the effective date of this law, and shall not be subject to the time periods specified in
Town Law ~274-b and Chapter 280 of the Southold Town Code, including without limitation,
provisions relating to the processing, reviewing, holding of hearings and the rendering of
decisions. The statutory and locally-enacted time periods for processing and making decisions
on all aspects of said special exception use permits are suspended and stayed while this Local
Law is in effect. All terms used in this Local Law are as defined in ~280-4 of the Code of the
Town of Southold.
3) The Building Inspector shall not accept for review, continue review or make any
determination upon any application for a building permit proposing a WIRELESS
COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this
law, and shall not be subject to the time periods specified in Town Law ~274-a, Chapter 280
and Article XXV of the Southold Town Code, including without limitation, provisions relating
to the processing, reviewing and the rendering of determinations. The statutory and locally-
enacted time periods for processing and making determinations on all aspects of said building
permit applications are suspended and stayed while this Local Law is in effect. All terms used
in this Local Law are as defined in ~280-4 of the Code of the Town of South old.
Section 3. APPLICATION
This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use
permits for WIRELESS COMMUNICATION FACILITIES in the Town of South old.
Section 4. EXCLUSIONS
2
'ThiS Local Law shall not Jy to:
.
I) Site plans for which final or conditional final approval was granted by the Planning Board prior to
the effective date of this Local Law.
2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with
no component parts visible from the exterior.
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent
with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence
over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule
Law sI0(1)(ii)(d)(3); glO(I)(ii)(a)(14) and S22 to supersede any inconsistent authority.
In particular, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law S274-a, S274-b and the provisions and requirements set forth in
Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals
process, review, hold hearings on, and act upon applications for site plans and special exception use permits
within specified time periods, this Local Law suspends and stays the running of time periods for processing,
review, holding hearings on, making decisions, and taking action on such applications provided for in those
laws and is intended to supersede and amend any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any provision of this
Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate
an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that
a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the
Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board
shall take into account the existing land use in the immediate vicinity of the property, the range of business
opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business
character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and
transportation infrastructure of the Town. The application must comply with all other applicable provisions of
the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of
two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site
development plan and any related information required in accordance with the procedures set forth in Chapter
280 of the Southold Town Code.
c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the
Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or
disapprove a variance or waiver ofthis Local Law. The application and recommendation shall be transmitted to
the Town Board. The Town Board may conduct a public hearing and make a final decision on the application,
with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
3
~h~reof'~ther than the part so decil to be unconstitutional or invalid. .
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
4
.
.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike ont that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 16 of20..!!L., of the
(Qo~IIt))(Cit))(Town) C.'illllg.) of SOUTHOLD was duly passed by the
TOWN BOARD on Julv 31, 20 07 , in accordance with the applicable provisions of law.
2. (passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer-.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of
on
disapproval) by the
in accordance with the applicable provisions of law.
of20
was duly passed by the
20 ---' and was (approved)(not approvedXrepassed after
and was deemed duly adopted on 20
3. (Fiual adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20_, and was (approvedXnot approved)(repassed after
disapproval) by the on 20. Such local law was submitted
to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20, In
accordance with the applicable provisions of law.
4. (Snbject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
of 20_ of the
of was duly passed by the
on 20, and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , In
accordance with the applicable provisions of law.
I hereby certify that the local law annexed hereto, designated as local law No.
(County)( City )(T own )(V illage)
. Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5
."
.
.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certifY that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a ml!iority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 _,
became operative.
6. (County local law concerning adoption of Charter.)
! hereby certifY that the local law annexed hereto, designated as local law No of20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 ofthe
Municipal Home Rule Law, and having received the affirmative vote of a ml!iority of the qualified electors of the cities of
said county as a unit and a majority ofthe qualified electors ofthe towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
! further certifY that! have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk e Coonty legislative body. City. Town or Villa~ Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: August 6, 2007
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
!, the undersigned, hereby certifY that the foregoing local law c
have been had or taken for the enactment of the local law ann
ains the correct text and that all proper proceedings
hereto.
ignature
Patricia A. Finne ,s. own Attorney
Kieran Corcoran. ESQ.. Assistant Town Attornev
Title
Cmm1)
~
Town of
'.'illage
Date:
SOUTHOLD
August 6, 2007
6
.
.
Southold Town Board - Letter
B! Meeting of July 31, 2007
RESOLUTION 2007-636
ADOPTED
Item # 26
DOC ID: 3054
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-636 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 31, 2007:
WHEREAS there was presented to the Town Board of the Town of South old, Suffolk County,
New York, on the 19th day of June, 2007, a Local Law entitled, "Temporary Moratorium on
the Processinl!. Review of. and makinl! Decisions on apulications for Buildinl! Permits. Site
Plans and Special Exception Use Permits for Wireless Communication Facilities in the
Town of Southold"; and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law on July 17, 2007, at which time all interested persons were given an opportunity to be
heard, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled, "Temporary Moratorium on the Processinl!. Review of. and makinl!
Decisions on applications for Buildinl! Permits. Site Plans and Special Exception Use
Permits for Wireless Communication Facilities in the Town of Southold" reads as follows:
LOCAL LAW NO. JLof 2007
Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless
Communication Facilities in the Town of Southold.
BE IT ENACTED BY the Town Board of the Town of South old as follows:
Section 1. PURPOSE AND INTENT
The Town Board is considering the important implications of the recent proliferation of
wireless communication facilities projects within the Town, including already constructed cell
towers, towers currently under Town review and proposed cell tower projects. The Town Board
believes that a haphazard, piecemeal approach to the proliferation of such towers could be
detrimental to the character of the Town, including its active farmland, open spaces, scenic
byways and vistas, all of which the Town has expended substantial resources to preserve,
cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate
to deal with the inherent conflict between the need for cell towers, for emergency and other
communication purposes, and the Town's other planning goals.
The size and scale of the Town, the scale of its agricultural and rural history, and the
long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past
planning studies) dictate that wireless communication facilities should be placed in a strategic
manner so as to coexist as peacefully as possible with the Town's historical, agricultural and
Generated August 2, 2007
Page 7
Southold Town Board - L.r
BA Meeting of July 31, 2007
.
rural culture. Regulations on the size, location and appearance of wireless communication
facilities are necessary to address the problems these structures create.
It is critical that the issues be handled in a comprehensive manner, crucial legislative
decisions made and those decisions implemented. The Town is establishing a Wireless
Communication Facility Task Force to work with the Planning Board, Planning Department and
the Town Attorney to review the locations, size and appearance of cell towers, to update and
create new legislation that will comprehensively meet the long-range goals of the Town. The
Town Board finds that it is reasonable and in the public interest to temporarily suspend the
application process for wireless communication facilities so that it has adequate time to examine,
assess and address these uses that would otherwise be detrimental to the community.
For the reasons stated above and to permit the Town Board to decide on and enact needed
legislation, this moratorium is necessary.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred Eighty (180) Days following the effective date of this Local
Law after which date this Local Law shall lapse and be without further force and effect and
subject to any other Local Law adopted by the Town Board during the One Hundred Eighty
(180) Day period:
I) the Planning Board shall not accept for review, continue review, hold a hearing
or make any decision upon any application for a site plan containing a
WIRELESS COMMUNICATION FACILITY, whether submitted prior to or
after the effective date of this law, and shall not be subject to the time periods
specified in Town Law 9274-a and Article XXV of the Southold Town Code,
including without limitation, provisions relating to the processing, reviewing,
holding of hearings and the rendering of decisions. The statutory and locally-
enacted time periods for processing and making decisions on all aspects of said
site plan applications are suspended and stayed while this Local Law is in
effect. All terms used in this Local Law are as defined in 9280-4 of the Code
of the Town of Southold.
2) The Zoning Board of Appeals shall not accept for review, continue review,
hold a hearing on, continue a hearing or make any decision upon any
application for a special exception use permit containing a WIRELESS
COMMUNICATION FACILITY, whether submitted prior to or after the
effective date of this law, and shall not be subject to the time periods specified
in Town Law 9274-b and Chapter 280 of the Southold Town Code, including
without limitation, provisions relating to the processing, reviewing, holding of
hearings and the rendering of decisions. The statutory and locally-enacted time
periods for processing and making decisions on all aspects of said special
exception use permits are suspended and stayed while this Local Law is in
effect. All terms used in this Local Law are as defined in 9280-4 of the Code
of the Town of Southold.
3) The Building Inspector shall not accept for review, continue review or make
any determination upon any application for a building permit proposing a
WIRELESS COMMUNICATION FACILITY, whether submitted prior to or
after the effective date of this law, and shall not be subject to the time periods
Generated August 2, 2007
Page 8
.
\0
.
Southold Town Board - Llr
B! Meeting of July 31, 2007
specified in Town Law ~274-a, Chapter 280 and Article XXV of the Southold
Town Code, including without limitation, provisions relating to the processing,
reviewing and the rendering of determinations. The statutory and locally-
enacted time periods for processing and making determinations on all aspects
of said building permit applications are suspended and stayed while this Local
Law is in effect. All terms used in this Local Law are as defined in ~280-4 of
the Code of the Town of South old.
Section 3. APPLICATION
This Local Law shall apply to ALL [new or pending] applications for site plans or special
exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of
Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
I) Site plans for which final or conditional final approval was granted by the Planning
Board prior to the effective date of this Local Law.
2) Applications for co-location of wireless telecommunication facilities inside a
permitted tower, with no component parts visible from the exterior.
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed
as inconsistent with the provisions of New York State Town Law, this Local Law supersedes,
amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule
powers, pursuant to Municipal Home Rule Law ~1O(1)(ii)(d)(3); ~IO(l)(ii)(a)(14) and ~22 to
supersede any inconsistent authority.
In particular, to the extent and degree any provisions of this Local Law are construed as
being inconsistent with the provisions of Town Law ~274-a, ~274-b and the provisions and
requirements set forth in Chapter 280 ofthe Southold Town Code, which require that the
Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon
applications for site plans and special exception use permits within specified time periods, this
Local Law suspends and stays the running of time periods for processing, review, holding
hearings on, making decisions, and taking action on such applications provided for in those laws
and is intended to supersede and amend any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law if, in its legislative discretion, upon its determination, the variance or
waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant
such request, the Town Board must find that a variance or waiver will not adversely affect the
purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any
comprehensive planning efforts being undertaken in the Town. The Town Board shall take into
account the existing land use in the immediate vicinity of the property, the range of business
opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural,
historic and business character of the hamlet, and the impact ofthe variance or waiver on the
Generated August 2, 2007
Page 9
I
,
~
Southold Town Board - L.r
B.d Meeting of July 31, 2007
.
open and recreational space, and transportation infrastructure of the Town. The application must
comply with all other applicable provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
irdude a fee of two hundred fifty ($250.00) dollars for the processing of such application, along
with copies of the site development plan and any related information required in accordance with
the procedures set forth in Chapter 280 of the Southold Town Code.
c. All such applications shall, within five (5) days of filing with the Town Clerk be
referred to the Planning Board, which shall have ten (10) days following receipt to make a
recommendation to approve or disapprove a variance or waiver of this Local Law. The
application and recommendation shall be transmitted to the Town Board. The Town Board may
conduct a public hearing and make a final decision on the application, with or without
conditions. Final approval is reserved to the absolute legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
bylaw.
a;1l~~~'
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Krupski Jr., Edwards, Ross, Evans, Russell
ABSTAIN: Thomas H. Wickham
Generated August 2, 2007
Page 10
67f31/2667 11:62
631-B53~dd
s c PLANING~
PAGE 63
COUNTY OF SUFFOLK
RECEIVED
f\lt t{}\l~
6)
JUL 3 1 2007
Southold Town CIeri
STEVE LEVY
SUF'FOLK COUNTY EXECUTIVE
THOMAS ISLl:S, Aiel"
OIREcrOR OF ~LANNING
DEPARTMENT OF PLANNING
July 27, 2007
Ms. Elizabeth Neville, Town Clerk
Town of Southold :PJanning Bd.
53095 Main Road. P.O. J30x. 1179
Southold, NY 11971
Applioant: Town of Southold
Zoning Action: Moratorium (Wireless Communication, Facilities)
Resolution #2007-636
Public Hzaring Date: 7/17/07
S.C.P.D- File No.: SD-07-06
pear Ms. Neville:
putsuant to the requixement$ of Sections A 1<I..J4 to 23 of the Suffolk County Administrative Code,
the above referCI\cod applioation, which has been submitted, to the Suffolk County Planning Commission is
considered 10 be a matter for local dl't~natjon as the:e is no ~arem significant county-wide or
inter-oommunity impact(s). A deeision (If local deu:unination should not be constrned as eithex- an approval
or disapproval.
Votj'trUlyyoun,
Thomas Isles, AICP
Director of Planning
^ndre~releng, Alep
ChicfPlanner
APF:co
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4t
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 SOUTHOLD
EV92dl?DS/:,SUS
Andy Freleng
Department of Planning
County of Suffolk
Post Office Box 6100
Hauppauge, New York I 1788-0099
Dear Mr. Freleng:
July 19, 2007
Re: Resolution No. 2007-636 regarding
proposed Local Law in relation to "Temporary
Moratorium on the Processing, Review of, and
making Decisions on applications for Building
Permits, Site Plans and Special Exception Use
Permits for Wireless Communication Facilities
in the Town of Southold."
Transmitted is the proposed Local Law in Relation toTemporary Moratorium on the
Processing, Review of, and making Decisions on applications for Building Permits, Site Plans
and Special Exception Use Permits for Wireless Communication Facilities in the Town of
Southold. Please review and prepare an official report defining your department's
recommendations with regard to this proposed local law and forward same to me at your earliest
convenience. The date and time of the public hearing was 4:34 PM Tuesday, July 17,2007.
Should you have any questions, please do not hesitate to contact me. Thank you.
Enclosure
w/o enclosure
cc: Town Board
Town Attorney
Very truly yours,
~Q.~
Elizabeth A. Ne:l~e -
Southold Town Clerk
Southold Town Board - Llr
_ L,l---
~ -'d Meeting of July 17,2007
RESOLUTION 2007-633
ADOPTED
Item # 28
DOC ID: 3050
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-633 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 17,2007:
RESOLVED that the Town Board of the Town of South old hereby finds that the adoption of
the local law entitled "Temporary Moratorium on the Processinl!:. Review of. and makinl!:
Decisions on applications for Buildinl!: Permits. Site Plans and Special Exception Use
Permits for Wireless Communication Facilities in the Town of Southold" is classified as a
Tvpe II Action pursuant to SEORA Rules and Rel!:ulations, 6 NYCRR Section 617.5, is not
subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town
Code of the Town of Southold, Waterfront Consistency Review.
a~Q..J~'"
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated July 18,2007
Page 61
.
ke.'. /Jf/ ~~ 3j-
7//7/0 7
To Supervisor Russell and the Town Board:
I am writing in regards to the proposed Cingular Wireless cell tower planned for the Orient by the
Sea Restaurant and Marina being allowed to advance.
I think, along with many others in the area to whom I've spoken, that for this tower to be
permitted is a disgrace, benefitting no one directly but the Haase family, owners of the restaurant.
The money from this tower will go directly to the owners and will be of no financial gain to the
rest of the town.
In a previous article in the Suffolk Times, Supervisor Russell was quoted as saying that no
towers should be for personal gain and this is EXACTLY what this would be,
There is already a cell tower in Orient, but at least that benefits the local fire department. There
is no proven need for a tower that far out that's service would benefit solely the bank account of
Orient by the Sea.
Because I am acquainted with the owner, as are the others involved with this letter, we wish to
remain anonymous at this time, yet felt compelled to point out this obvious oversight on the part
of the Town Board and Supervisor Russell.
If there was a need for a tower out that far, why not the State Park where the financial gain would
be for the greater good of the town, not one family?
Allowing this to proceed would be opening Pandora's Box. What local, PRIV A TEL Y OWNED
establishment wouldn't want the added personal revenue of a cell tower's fees? How would you
justifY permitting it for one and not others?
On an additional, disturbing note, the public hearing sign posted at the restaurant was taken down
the VERY DAY it was posted and to our observations has never returned. This is a sneaky and
underhanded maneuver to "fly below the radar" during this time where cell towers are such as
issue.
We would hope the Town Board would reconsider their position on this tower and at the very
least, have Orient by the Sea subjected to the proposed moratorium that the other "public" towers
are.
Thank you very much for your consideration of this request.
RECEIVED
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MAIliNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
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 SOUTH OLD
RECEIVED
JUL 1 7 2007
MEMORANDUM
Soul hold Tc.VIR Clerk
To: Scott Russell, Supervisor
Members of the Town Board
From: Jerilyn B. Woodhouse, Chairperson
Members of the Planning Board
Date: July 17, 2007
Re: "Temporary Moratorium on the Processing, review of, and making decisions
on applications for Building Permits, Site Plans and Special Use Permits for
Wireless Communication Facilities in the Town of Southold"
The Planning Board supports the enactment ofthe above-captioned local law and offers
the following comments and recommendations at this time:
I. The Planning Board has concerns that, if unmonitored, cell towers may someday
degrade the scenic character of Southold.
2. Before additional applications for cell towers/communication facilities are
processed, an inventory of existing structures needs to be taken along with an
assessment of coverage and need.
3. Specific issues that the Planning Board would like to see addressed during the
moratorium are the advantages and/or disadvantages of constructing two smaller
towers as opposed to one larger tower, the feasibility of more than one provider
co-locating on the same tower and the limitations placed on planning boards by
the federal Telecommunications Act.
4. Until now, there has been little or no long-range planning with respect to cell
towers. While people agree that cellular service can be beneficial, they also agree
.
.'
.
.
.
that more input and planning needs to be undertaken in the process of siting the
towers that provide the service.
5. The Planning Board recommends the Town Board give consideration to the
creation of a task force to study the future of cell towers within the Town of
Southold and address concerns not currently codified as part ofthe review
process. These issues/concerns include cell tower saturation, existing legislation
regarding the location of cell towers/cellular communication facilities and future
location of cell towers/cellular communication facilities & emergency
preparedness.
Please advise if you have any question or need additional information.
,
.
.
Ellen McNeilly
70 vincent Street
PO Box 314
Orient, NY 11957
Keel II <.f:,r
7/7/07
RECEIVi.:D
Scott Russell, Supervisor
Sauthold Town Board of Trustees
Southold Town
JJL
"
j 2007
July 12, 2007
Sout\ovld TI>wn Clerk
Dear Supervisor Russell and members of the Board of Trustees,
I am writing in support of a proposed moratorium on cellular towers, and would like
this letter, in it entirety, to be read into the record.
Based on my experience as co-chair of the Cell Tower Committee of the Orient
Association, the issues raised by the commercial proposals now before the Town are
too important to be addressed piecemeal, hamlet by hamlet and permit by permit.
Tower erectors are viewing the Town's Fire and Park Districts as means to build
towers in areas where cell towers, per se, are prohibited by Town legislation. They
offer to build \'public safety" towers at no cost to public Districts, but only at a
height that works for cell operators. Once approved, these "public safety" towers
then become co-location opportunities for cell companies, who become tenants of the
tower erector, and sub-tenants of the Fire Districts. This becomes a complicated,
risk-laden situation for District taxpayers.
The technology that Fire Districts currently use (low-band) is increasingly impacted
by low-band commercial communications; manufacturers are no longer supporting their
old equipment. They DO need to up-grade, and to high-band, interference-free
communications.
Do FD/PD/EMS communications need tall towers to solve those problems?? Those
companies that want to erect tall towers and lease them to cell companies say
"yes", mashalling '\facts" which seem to be in support of the necessity of great
height. Upon closer examination by those sophisticated in communications
technology, the answer is a definite NO. 60' to 75' towers are sufficient to send
line-of-sight FD/PD/EMS signals (with proper transmission strength) 12 miles in ALL
directions. The hamlets, villages and township on the North Fork fall within that
distance of each other. There is NO need to exceed that height.
Cellular signals, in contrast, are set to a range of 6-8 miles on the types of
towers (90'-120') proposed. When using the omni-directional antennae typically
employed, signal propagation forms 360-degree rings of gradually decreasing strength
This means that there will never be 100% coverage, even if locating a tower every 5
miles; there will always be gaps where the circles overlap. Think of the Olympics
symbol, for instance.
For this reason, cell companies are increasingly relying on new, less expensive,
easily up-gradable distributed digital technologies, making it possible to locate
cell equipment on existing infrastructures such as telephone poles, bypassing the
need for large towers. Most importantly, this technology, and the very equipment
that cell (and cable) companies are using, can ITSELF be used to carry and
distribute Fire, Police and EMS signals.
The availability of thes~ew technologies is what has pr~ted East Hampton to call
for solutions partners to design a distributed antenna system for cell
communications utilizing existing towers, existing electric and light utility poles,
as well as small, distributed 60' to 70' towers in a mesh. This has been
initiated by the Planning Department, and would involve no Zoning or Building
Department issues.
The 1996 Federal Communications Commission ruling on cellular communications
mandated that towns must permit "satisfactory" coverage. This does not mean 100%,
or even "full" coverage--simply "satisfactory" coverage. Furthermore, towns are
not required by Federal regulation to "satisfy" all the cell companies. For
instance, Verizon could provide \'satisfactory" cell coverage to all residents of
Southold, but that would hardly be "satisfactory" for T-Mobile, ATTjCingular or
Sprint. Ultimately, it is up to the residents of Southold to determine what is
\ \ satisfactory" .
So what do we do?? Does the town become a pincushion?? What risks do commercial
leases on tax exempt public property pose for the hamlets? will it affect their
capacity to bond for upgrades of any kind?? Case law and bond attorneys indicate:
Yes. What risks do the taxpayers assume, without voting to do so?? Who oversees
the leases with the tower erectors and their cell company sub-tenants? Is there any
consistency from District to District? What happens to the money from the leases??
Remember, as Newsday pointed out in its series on Fire Departments on Long Island:
\'When it comes to spending (ie, their budgets), fire districts don't answer to any
other level of government" I not even the Supervisor or the Town Board. Do we really
want it to be this way??
A moratorium is a public necessity. Six months would be the bare minimum needed to
form a task force and for it to marshal the information required for you and the
Board to act on behalf of the Town in determining the best approach to meeting
Southold's communication needs, both public and private, while protecting the
taxpayers. A different approach must be found; one that draws on the technical,
legal and governance experiences of other localities like ours, and meets our needs:
public safety, public responsibility and, yes, public convenience.
V,rr 'Ire 0;
rq t~'.n{/ lu-7
"
.
LEGAL NOTICE ·
NOTICE OF PUBLIC HEARING
WHEREAS there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 19th day of June, 2007, a Local Law entitled,
"Temporarv Moratorium on the Processinl!:. Review of. and makinl!: Decisions on
applications for Buildinl!: Permits. Site Plans and Special Exception Use Permits for
Wireless Communication Facilities in the Town of Southold"; now therefore, be it
RESOLVED that the Town Board of the Town of South old will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the 17th day of July 2007 at 4:35 p.m. at which time all interested persons will
be given an opportunity to be heard.
The proposed Local Law entitled, "Temporarv Moratorium on the Processinl!:,
Review of. and makinl!: Decisions on applications for Buildinl!: Permits. Site Plans
and Special Exception Use Permits for Wireless Communication Facilities in the
Town of Southold" reads as follows:
LOCAL LAW NO. 2007
Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Building Permits, Site Plans and Special Exception Use Permits for
Wireless Communication Facilities in the Town of Southold.
BE IT ENACTED BY the Town Board ofthe Town of Southold as follows:
Section I. PURPOSE AND INTENT
The Town Board is considering the important implications of the recent proliferation
of wireless communication facilities projects within the Town, including already
constructed cell towers, towers currently under Town review and proposed cell tower
projects. The Town Board believes that a haphazard, piecemeal approach to the
proliferation of such towers could be detrimental to the character of the Town, including
its active farmland, open spaces, scenic byways and vistas, all of which the Town has
expended substantial resources to preserve, cultivate and maintain. The Town Board
recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict
between the need for cell towers, for emergency and other communication purposes, and
the Town's other planning goals.
The size and scale of the Town, the scale of its agricultural and rural history, and
the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and
other past planning studies) dictate that wireless communication facilities should be
placed in a strategic manner so as to coexist as peacefully as possible with the Town's
historical, agricultural and rural culture. Regulations on the size, location and appearance
of wireless communication facilities are necessary to address the problems these
structUfes create.
It is critical that the issues be handled in a comprehensive manner, crucial
legislative decisions made and those decisions implemented. The Town is establishing a
Wireless Communication Facility Task Force to work with the Planning Board, Planning
Department and the Town Attorney to review the locations, size and appearance of cell
towers, to update and create new legislation that will comprehensively meet the long-
range goals of the Town. The Town Board finds that it is reasonable and in the public
interest to temporarily suspend the application process for wireless communication
facilities so that it has adequate time to examine, assess and address these uses that would
otherwise be detrimental to the community.
For the _ons stated above and to permit the Tot Board to decide on and enact
needed legislation, this moratorium is necessary.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred Eighty (180) Days following the effective date of
this Local Law after which date this Local Law shall lapse and be without further force
and effect and subject to any other Local Law adopted by the Town Board during the One
Hundred Eighty (180) Day period:
I) the Planning Board shall not accept for review, continue review, hold a
hearing or make any decision upon any application for a site plan
containing a WIRELESS COMMUNICATION FACILITY, whether
submitted prior to or after the effective date of this law, and shall not be
subject to the time periods specified in Town Law s274-a and Article
XXV of the Southold Town Code, including without limitation,
provisions relating to the processing, reviewing, holding of hearings and
the rendering of decisions. The statutory and locally-enacted time
periods for processing and making decisions on all aspects of said site
plan applications are suspended and stayed while this Local Law is in
effect. All terms used in this Local Law are as defined in S280-4 of the
Code of the Town of South old.
2) The Zoning Board of Appeals shall not accept for review, continue
review, hold a hearing on, continue a hearing or make any decision
upon any application for a special exception use permit containing a
WIRELESS COMMUNICATION FACILITY, whether submitted prior
to or after the effective date of this law, and shall not be subject to the
time periods specified in Town Law S274-b and Chapter 280 of the
Southold Town Code, including without limitation, provisions relating
to the processing, reviewing, holding of hearings and the rendering of
decisions. The statutory and locally-enacted time periods for processing
and making decisions on all aspects of said special exception use
permits are suspended and stayed while this Local Law is in effect. All
terms used in this Local Law are as defined in S280-4 of the Code of the
Town of Southold.
3) The Building Inspector shall not accept for review, continue review or
make any determination upon any application for a building permit
proposing a WIRELESS COMMUNICATION FACILITY, whether
submitted prior to or after the effective date of this law, and shall not be
subject to the time periods specified in Town Law s274-a, Chapter 280
and Article XXV of the Southold Town Code, including without
limitation, provisions relating to the processing, reviewing and the
rendering of determinations. The statutory and locally-enacted time
periods for processing and making determinations on all aspects of said
building permit applications are suspended and stayed while this Local
Law is in effect. All terms used in this Local Law are as defined in
S280-4 of the Code of the Town of South old.
Section 3. APPLICATION
This Local Law shall apply to ALL [new or pending] applications for site plans or
special exception use permits for WIRELESS COMMUNICATION FACILITIES in the
Town of Southold.
Section 4. EXCLUSIONS
This Lo~aw shall not apply to: .
I) Site plans for which final or conditional final approval was granted by the
Planning Board prior to the effective date of this Local Law.
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO
SUPERSEDE
To the extent that any provisions of this Local Law are in contlict with or are
construed as inconsistent with the provisions of New York State Town Law, this Local
Law supersedes, amends and takes precedence over NYS Town Law pursuant to the
Town's municipal home rule powers, pursuant to Municipal Home Rule Law
gIO(l)(ii)(d)(3); glO(l)(ii)(a)(14) and g22 to supersede any inconsistent authority.
In particular, to the extent and degree any provisions of this Local Law are
construed as being inconsistent with the provisions of Town Law g274-a, g274-b and the
provisions and requirements set forth in Chapter 280 of the Southold Town Code, which
require that the Plarming Board or Zoning Board of Appeals process, review, hold
hearings on, and act upon applications for site plans and special exception use permits
within specified time periods, this Local Law suspends and stays the running of time
periods for processing, review, holding hearings on, making decisions, and taking action
on such applications provided for in those laws and is intended to supersede and amend
any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application
of any provision of this Local Law if, in its legislative discretion, upon its determination,
the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel
of property. To grant such request, the Town Board must find that a variance or waiver
will not adversely affect the purpose ofthis Local Law, the health, safety or welfare of
the Town of Southold, or any comprehensive plarming efforts being undertaken in the
Town. The Town Board shall take into account the existing land use in the immediate
vicinity of the property, the range of business opportunities in the vicinity of the property
and the surrounding hamlet, the rural, cultural, historic and business character of the
hamlet, and the impact of the variance or waiver on the open and recreational space, and
transportation infrastructure of the Town. The application must comply with all other
applicable provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk
and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such
application, along with copies of the site development plan and any related information
required in accordance with the procedures set forth in Chapter 280 of the Southold Town
Code.
c. All such applications shall, within five (5) days of filing with the Town
Clerk be referred to the Plarming Board, which shall have ten (10) days following receipt
to make a recommendation to approve or disapprove a variance or waiver of this Local
Law. The application and recommendation shall be transmitted to the Town Board. The
Town Board may conduct a public hearing and make a final decision on the application,
with or without conditions. Final approval is reserved to the absolute legislative
discretion ofthe Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
.
.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: June 19,2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON June 28. 2007, AND FORWARD ONE (1) AFFIDA VII OF
PUBLICA nON TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times Town Board Members
TC's Bulletin Board Planning Board
ZBA Trustees
Town Attorney
Building Department
, .
.
.
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the q day of , 2007, she affixed a
notice of which the annexed printed notice is
manner, in a most public place in the Town of South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
PH LL for Temporary Moratorium on Cell Towers -7/17/07 4:35 pm
~a~~~~
lizabeth A. Neville
Southold Town Clerk
Sworn before thi
~ day of
,2007.
LYNDA M. BOHN
NOTARY PUBLIC. State of New York
No. 01 B06020932
Qualified In Suffolk Countr
Term Expires March 8, 20 U.
r-
I!
#8430
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Dina Mac Donald 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 week(s), successively, commencing on 28th day of June, 2007,
.
Sworn to before me this
2007
~
Principal Clerk
da'ofF
CJrnumwUhy
C~RIST!NA VOLlNSKI
NOTARV FUi>lIC-STATE OF NEW YORK
NO.Ol-V06105050
Qualified In Suffolk County
~ .. "'-u" A -:-.'p.,re5 FebruOTV 28, 2008
I..-OIYlr'-,;:)~' " '-A
L.EGALS...
From previous page
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS there has been present-
~d to the Town Board of the Town of
Southold, Suffolk County, New York,on
the 19th day of June, 2007, a Local Law
~ntitled, "Temoorarv Moratorium on
the Processinl!'. Review of. and makint!
Decisions on aootications for BuUdinl!
Permilli. Site Plans IInd Soecial F:xt'.eo-
Uon llse Pennits for Wireless Commu-
nication Facilities in the Town'of South-
!ilir:; now therefore, be it
RESOLVED that the Town Board of
the Town of Southold will hold a pub-
lic hearing on the aforesaid Local Law
it the Southold Town Hall, 53095 Main
Road, Southold. New York, on the 17th
day of July 2007 at 4:35 p.m. at which
time all interested persons will be given
m opportunity to be heard.
The proposed Local Law entitled,
"Temnoran Moratorium on tbe Pro-
res...inl!'. Review of. and lJIakinl!' Deci-
~jons on 8DoUcations for Suildinl!! Per-
mits. Site Plans and Soecial Ex:cention
Use Permits for Wireless Communica.
tion Facilities in the Town of Southold"
reads as follows:
LOCAL LAW NO. _ 2007
Temporary Moratorium on the Pro-
:essing, Review of, and making Deci-
,ions on applications for Building Per-
mits, Site Plans and Special Exception
Use Permits for Wireless Communica-
tion Facilities in the Town of Southold.
BE IT ENACTED BY the Town
Board of the Town of Southold as fol-
lows:
Section 1. PURPOSE AND IN-
TENT
The Town Board is considering the
important implications of the recent
proliferation of wireless communica-
tion facilities projects within the Town,
including already constructed cell tow-
~rs, towers currently under Town review
:md proposed cell tower projects. The
Town Board believes that a haphazard,
piecemeal approach to the proliferation
:Jf such towers could be detrimental to
the character of the Town, including its
lctive farmland, open spaces, scenic by-
ways and vistas, all of which the Town
b.as expended substantial resources to
preserve, cultivate and maintain. The
Town Board recognizes that the exist-
ing Zoning Code is inadequate to deal
with the inherent conflict between the
need for cell towers, for emergency and
:Jther communication purposes, and the
Town's other planning goals.
The size and scale of the Town, the
,cale of its agricultural and rural history,
and the long-range goals of the Town (as
,et forth in the recently adopted Hamlet
Study and other past planning studies)
:Iictate that wireless communication
facilities should be placed in a strategic
manner so as to coexist as peacefully as
possible with the Town's historical, ag-
ricultural and rural culture. Regulations
:In the size, location and appearance of
wireless communication facilities are
necessary to address the problems these
,tructures create.
It is critical that the issues be handled
in a comprehensive manner, crucial
legislative decisions made and those
:iecisions implemented. The Town is
~stablishing a Wireless Communication
Facility Task Force to work with the
Planning Board, Planning Department
:lOd the Town Attorney to review the
locations, size and appearance of cell
towers, to update and create new leg-
islation that will comprehensively meet
the long-range goals of the Town. The
fown Board finds that it is reasonable
,lOd in the public interest to temporar-
ily suspend the application process for
wireless communication facilities so
that it has adequate time to examine, as-
.;ess and address these uses that would
:Jtherwise be detrimental to the com-
munity.
For the reasons stated above and to
permit the Town Board to decide on
3.Od enact needed legislation, this mora-
torium is necessary.
Section 2. ENACTMENT OF TEM-
PORARY MORATORIUM
For a period of One Hundred Eighty
(18:0) Days following the effective date
:Jf this Local Law after which date this
Local Law shall lapse and be without
l'urther force and effect and subject to
any other Local Law adopted by the
fown Board during the One Hundred
Eighty (180) Day period:
1) The Planning Board shall not ac-
:ept for review. continue review. hold a
nearing or make any decision upon any
3.pplication for a site plan containing a
WIRELESS COMMUNICATION FA-
CILITY. whether submitted prior to or
after the effective date of this law, and
shall not be subject to the time periods
specified in Town Law 9274-a and Ar-
ticle XXV of the Southold Town Code,
including without limitation. provisions
relating to the processing. reviewing,
holding of hearings and the rendering
of decisions. The statutory and locaUy-
enacted time periods for processing and
making decisions on all aspects of said
site plan applications are suspended and
stayed while this Local Law is in effect.
All terms used in this Local Law are as
defined in ~280-4 of the Code of the
Town of Southold.
2) The Zoning Board of Appeals
shall not accept for review, continue
review, hold a hearing on. continue a
hearing or make any decision upon any
application for a special exception use
permit containing a WIRELESS COM-
MUNICATION FACILITY. whether
submitted prior to or after the effec-
tive date of this law, and shall not be
subject to the time periods specified
in Town Law s274-b and Chapter 280
of the SouthoId Town Code, including
without limitation, provisions relating
to the processing, reviewing, holding of
hearings and the rendering of decisions.
The statutory and locally-enacted time.
periods for processing and making de-
cisions on all aspects of said special ex-
ception use permits are suspended and
stayed while this Local Law is in effect.
All terms used in this Local Law are as
defined in S280-4 of the Code of the
Town of Southold.
3) The Building Inspector shall not
accept for review, continue review or
make any determination upon any appli-
cation for a building permit proposing a
WIRELESS COMMUNICATION FA-
CILITY, whether submitted prior to or
after the effective date of this law, and
shall not be subject to the time periods
specified in Town Law 9274-a, Chapter
280 and Article XXV of the Southold
Town Code, including without limita-
tion, provisions relating to the process-
ing, reviewing and the rendering of de-
terminations. The statutory and locally-
enacted time periods for processing and
making determinations on all aspects
of said building permit applications are
suspended and stayed while this Local
Law is in effect. All terms used in this
Local Law are as defined in 9280-4 of
the Code of the Town of Southold.
Section 3. APPLICATION
This Local Law shall apply to ALL
[new or pending] applications for site
plans or special exception use permits
for WIRELESS COMMUNICATION
FACILITIES in the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) Site plans for which final or condi-
tional final approval was granted by the
Planning Board prior to the effective
date of this Local Law.
Section 5. CONFLICT WITH
STATE STATUTES AND AUTHOR-
ITY TO SUPERSEDE
To the extent that any provisions of
this Local Law are in conflict with or
are construed as inconsistent with the
provisions of New York State Town
Law, this Local Law supersedes, amends
and takes precedence over NYS Town
Law pursuant to the Town's municipal
home rule powers, pursuant to Munici-
pal Home Rule Law !HO(1)(ii)(d)(3);
910(1)(ii)(a)(14) and 922 to supersede
any inconsistent authority.
In particular, to the extent and de-
gree any provisions of this Local Law
are construed as being inconsistent with
the provisions of Town Law. 9274-a,
9274-b and the provisions and require-
ments set forth in Chapter 280 of the
Southold Town Code, which require
that the Planning Board or Zoning
Board of Appeals process, review, hold
hearings on, and act upon applications
for site plans and special exception use
permits within specified time periods,
this Local Law suspends and stays the
running of time periods for processing,
review, holding hearings on, making de-
cisions, and taking action on such appli-
cations provided for in those laws and
is intended to supersede and amend any
said inconsistent authority.
Section 6. APPEAL PROCE-
DURES
a. The Town Board shall have the
authority to vary or waive the applica-
tion of any provision of this Local Law
if, in its legislative discretion, upon its
determination, the variance or waiver
is required to alleviate an extraordinary
hardship affecting a parcel of property.
To grant such request, the Town Board
must find that a variance or waiver will
not adversely affect the purpose of this
Local Law, the health, safety or welfare
of the Town of Southold, or any compre-
hensive planning efforts being under-
taken in the Town.The Town Board shaH
take into account the existing land use
in the immediate vicinity of the prop-
erty, the range of business opportunities
in the vicinity of the property and the
surrounding hamlet. the rural, cultural,
historic and business character of the
hamlet. and the impact of the variance
or waiver on the open and recreational
space, and transportation infrastructure
of the Town. The application must com-
ply with all other applicable provisions
of the SouthoId Town Code.
b. Any request for a variance or waiv-
er shall be filed with the Town Clerk and
shall include a fee of two hundred fifty
($250.00) dollars for the processing of
such application, along with copies of
the site development plan and any relat-
ed information required in accordance
with the procedures set forth in Chapter
280 of the Southold Town Code.
c. All such applications shall, within
five (5) days of filing with the Town
Clerk be referred to the Planning
Board, which shall have ten (to) days
following receipt to make a recom-
mendation to approve or disapprove a
variance or waiver of this Local Law.
The application and recommendation
shall be transmitted to the Town Board.
The Town Board may conduct a public
hearing and make a final decision on the
application, with or without conditions.
Final approval is reserved to the abso-
lute legislative discretion of the Town
Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph,
section, or part of this Local Law shall
be adjudged by any court of competent
jurisdiction to be invalid, the judgment
shall not affect the validity of this law as
a whole or any part thereof other than
the part so decided to be unconstitu-
tional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect im-
mediately upon filing with the Secretary
of State as provided by law.
Dated: June 19,2007
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
8430-1 T 6/28
)
.
Southold Town Board - Letter
. f 'CC
Board Meetin;lf ~une 19, 2007
RESOLUTION 2007-563
ADOPTED
Item # 30
DOC ID: 2988
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-563 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 19, 2007:
WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk
County, New York, on the 19th day of June, 2007, a Local Law entitled, "Temporary
Moratorium on the Processinl!:. Review of. and makinl!: Decisions on applications for
Buildinl!: Permits. Site Plans and Special Exception Use Permits for Wireless
Communication Facilities in the Town of Southold"; now therefore, be it
RESOLVED that the Town Board ofthe Town of South old will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
17th day of July 2007 at 4:35 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "Temporary Moratorium on the Processinl!:. Review of.
and makinl!: Decisions on applications for Buildinl!: Permits, Site Plans and Special
Exception Use Permits for Wireless Communication Facilities in the Town of Southold"
reads as follows:
LOCAL LAW NO. 2007
Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless
Communication Facilities in the Town of South old.
BE IT ENACTED BY the Town Board of the Town of South old as follows:
Section 1. PURPOSE AND INTENT
Generated July 2, 2007
Page 37
Southold Town Board - Llr
Bid Meeting of June 19, 2007
I
.
The Town Board is considering the important implications of the recent proliferation of
wireless communication facilities projects within the Town, including already constructed cell
towers, towers currently under Town review and proposed cell tower projects. The Town Board
believes that a haphazard, piecemeal approach to the proliferation of such towers could be
detrimental to the character of the Town, including its active farmland, open spaces, scenic
byways and vistas, all of which the Town has expended substantial resources to preserve,
cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate
to deal with the inherent conflict between the need for cell towers, for emergency and other
communication purposes, and the Town's other planning goals.
The size and scale of the Town, the scale of its agricultural and rural history, and the
long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past
planning studies) dictate that wireless communication facilities should be placed in a strategic
manner so as to coexist as peacefully as possible with the Town's historical, agricultural and
rural culture. Regulations on the size, location and appearance of wireless communication
facilities are necessary to address the problems these structures create.
It is critical that the issues be handled in a comprehensive manner, crucial legislative
decisions made and those decisions implemented. The Town is establishing a Wireless
Communication Facility Task Force to work with the Planning Board, Planning Department and
the Town Attorney to review the locations, size and appearance of cell towers, to update and
create new legislation that will comprehensively meet the long-range goals of the Town. The
Town Board finds that it is reasonable and in the public interest to temporarily suspend the
application process for wireless communication facilities so that it has adequate time to examine,
assess and address these uses that would otherwise be detrimental to the community.
For the reasons stated above and to permit the Town Board to decide on and enact needed
legislation, this moratorium is necessary.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred Eighty (180) Days following the effective date of this Local
Law after which date this Local Law shall lapse and be without further force and effect and
Generated July 2, 2007
Page 38
.
Southold Town Board - Letter
.
Board Meeting of June 19,2007
subject to any other Local Law adopted by the Town Board during the One Hundred Eighty
(180) Day period:
I) the Planning Board shall not accept for review, continue review, hold a hearing
or make any decision upon any application for a site plan containing a
WIRELESS COMMUNICATION FACILITY, whether submitted prior to or
after the effective date of this law, and shall not be subject to the time periods
specified in Town Law g274-a and Article XXV of the Southold Town Code,
including without limitation, provisions relating to the processing, reviewing,
holding of hearings and the rendering of decisions. The statutory and locally-
enacted time periods for processing and making decisions on all aspects of said
site plan applications are suspended and stayed while this Local Law is in
effect. All terms used in this Local Law are as defined in g280-4 of the Code
of the Town of South old.
2) The Zoning Board of Appeals shall not accept for review, continue review,
hold a hearing on, continue a hearing or make any decision upon any
application for a special exception use permit containing a WIRELESS
COMMUNICATION FACILITY, whether submitted prior to or after the
effective date of this law, and shall not be subject to the time periods specified
in Town Law g274-b and Chapter 280 of the Southold Town Code, including
without limitation, provisions relating to the processing, reviewing, holding of
hearings and the rendering of decisions. The statutory and locally-enacted time
periods for processing and making decisions on all aspects of said special
exception use permits are suspended and stayed while this Local Law is in
effect. All terms used in this Local Law are as defined in g280-4 of the Code
ofthe Town of Southold.
3) The Building Inspector shall not accept for review, continue review or make
any determination upon any application for a building permit proposing a
WIRELESS COMMUNICATION FACILITY, whether submitted prior to or
after the effective date of this law, and shall not be subject to the time periods
specified in Town Law g274-a, Chapter 280 and Article XXV of the Southold
Generated July 2, 2007
Page 39
Southold Town Board - Llr
BA Meeting of June 19, 2007
..
Town Code, including without limitation, provisions relating to the processing,
reviewing and the rendering of determinations. The statutory and locally-
enacted time periods for processing and making determinations on all aspects
of said building permit applications are suspended and stayed while this Local
Law is in effect. All terms used in this Local Law are as defined in 9280-4 of
the Code of the Town of South old.
Section 3. APPLICATION
This Local Law shall apply to ALL [new or pending] applications for site plans or special
exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of
Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
I) Site plans for which final or conditional final approval was granted by the Planning
Board prior to the effective date of this Local Law.
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed
as inconsistent with the provisions of New York State Town Law, this Local Law supersedes,
amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule
powers, pursuant to Municipal Home Rule Law 9IO(l)(ii)(d)(3); 9IO(I)(ii)(a)(I4) and 922 to
supersede any inconsistent authority.
In particular, to the extent and degree any provisions of this Local Law are construed as
being inconsistent with the provisions of Town Law 9274-a, 9274-b and the provisions and
requirements set forth in Chapter 280 of the Southold Town Code, which require that the
Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon
applications for site plans and special exception use permits within specified time periods, this
Local Law suspends and stays the running of time periods for processing, review, holding
Generated July 2, 2007
Page 40
.
Southold Town Board - Letter
.
Board Meeting of June 19, 2007
hearings on, making decisions, and taking action on such applications provided for in those laws
and is intended to supersede and amend any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision ofthis Local Law if, in its legislative discretion, upon its determination, the variance or
waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant
such request, the Town Board must find that a variance or waiver will not adversely affect the
purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any
comprehensive planning efforts being undertaken in the Town. The Town Board shall take into
account the existing land use in the immediate vicinity of the property, the range of business
opportunities in the vicinity ofthe property and the surrounding hamlet, the rural, cultural,
historic and business character of the hamlet, and the impact of the variance or waiver on the
open and recreational space, and transportation infrastructure of the Town. The application must
comply with all other applicable provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along
with copies of the site development plan and any related information required in accordance with
the procedures set forth in Chapter 280 of the Southold Town Code.
c. All such applications shall, within five (5) days of filing with the Town Clerk be
referred to the Planning Board, which shall have ten (10) days following receipt to make a
recommendation to approve or disapprove a variance or waiver of this Local Law. The
application and recommendation shall be transmitted to the Town Board. The Town Board may
conduct a public hearing and make a final decision on the application, with or without
conditions. Final approval is reserved to the absolute legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Generated July 2, 2007
Page 41
Southold Town Board - Llr
Bid Meeting of June 19, 2007
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
bylaw.
aj..uaQe";~'
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated July 2, 2007
Page 42