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Home My WebLink About1000-15.-9-8 If'V-,\ s- 'I ( J--^- trv .; PLANNING BOARD MEMBER~ . JERILYN B. WOODHOUSE Chair I' t-.8 ft,q>. h~ ~~ I, /.-K. IV- -:tile.,. I?t: If (3()"?~- . OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Voungs Ave.) SouthoId, NY Telephone: 631 765-1938 Fax: 631 765-3136 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Jerilyn Woodhonse, Chair Town of Southold Plpming Board Ruth Oliva, Chair 'Ii Town of South old Zoning Board of Appeals Jim King, President Town of South old Board of Trustees RECEIVED OCT 3 0 2006 .t}j:l39 ZONING BOARD OF APPEALS From: Mark Terry, L WRP Coordinator Senior Environmental Plarmer Date: October 30, 2006 Re: Proposed Site Plan for Cingular Wireless I MGH Enterprises Located approximately 537' elo Cedar Birch Ln. on the slslo New York State 25 in Orient SCTM#: 1000-15-9-8 Zone: Marine 11 (M11) This site plan is for new construction of a 100' monopole cellular communication tower with Cingular locating antennas at 97'-Olt and 87'-0" internally mounted in the tower, the site includes an existing boat marina and restaurant on 4.7 acres parcel in the MIl Zoning District located approximately 537' e/o Cedar Birch Lane on the slslo New York State 25 in Orient. SCTM#(s) 1000-15-9-8 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the following -.l} Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 3. Enhance visual qnality and protect scenic resources throughout the Town of Southold. Policv Standards 3.1 Enhance visual quality and protect sccnic resources throughout the Town of Southold. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. J. Protect visual quality associated with public lands, including public transportation routes, public parks and public trust lands and waters. 2. Limit alteration of shoreline elements ,,'hich contribute to scenic quality. The proposal also involves the new construction ofa 400 sq. ft. communication compound with a 100' flag pole type monopole. A 12' chain link fence would enclose the communication compound. Twenty-two, 14' high, Juniperus virginiana are proposed to be installed to screen the compound. The oropertv is located south of a desienated New Yark State Scenic Bvwav. The property is also located w/o and adiacent to Orient Point State Park. fJ./~J-. . ,\ , The flag type monopole cell tower will impact the scenic quality of the area, The height of the flagpole in relation to surroundine: structures and the IInatural scenic comoonents" is discordant with the area. Mitigation proposed by the applicant to reduce visual impacts include installing a flag pole type monopole, painting the monopole white and the installation of twenty-two, 14' Juniperus virginiana. If the action is approved by the reviewing Boards the following is recommended to further Policy 3. I. Require that the communication compound and monopole be relocated north and adiacent to existing buildings on site. The relocation of the compound would further cluster the development on the parcel and use existing: development to screen oortions of the orooosed corrununication comoound and monopole. 2. Require a five year survival requirement and a [enlacement orotocol for all olanted vee:etation used to screen the communication comoound.. Policy 6. Protect and restore the quality and function of the Town of South old ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback from the monopole to the bulkhead I south of the proposed monopole) is 65.10 feet; a minimum setback of 100 feet is required pursuant to Chapter 275 of the Town of Southold Town Code. Please require that the aoolicant amend the apolication to meet the above policy to the Ilreatest extent possible. Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Policv Standards 10.llaJ Protect existing water-dependent uses. The term Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. 10.1 (b) Improve the economic viability of water-dependent uses hy allowing for non-water dependent accessory and mnltiple uses, particularly water enhanced and maritime support services where sufficient upland exists. The tenn water-enhanced use means a use or activity which does not require a location adjacent to coastal waters, but whose location on the waterfront adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertaimnent in nature. These uses may be necessary for the successful financial operation and viability of l'vater- dependent uses. The 01 ooosal located In the MarIne II zonmll dIstrIct The Drooosed use is neither a water deDendent use or a water enhanced use and therefore is inconsistent with the above Policy 10 and Sub-oolicies. Cc: Bruno Semon, Senior Site Plan Reviewer File P.J-o/)J.. -L.,:::-, We have received an application for a Special Exception to construct a "flagpole" monopole at premises adjacent to Gardiners Bay, and shown on the enclosed site map. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 Mark Terry, Senior Environmental Planner L WRP Coordinator Planning Board Office Town of South old Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5939 (Cingular-Orient by the Sea) Dear Mark: Thank you for your assistance. nrr- Mailing Address: Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 28, 2006 ~"::-'~---""-':;:::;"V'~ , 1--0- . IE ~ IE _LW~ l\ \ 1- 'U \ AUG 2 9 2006 \- L~-2J...__J s:;\;~~', ,.::_~_~~ p~?'~":~" _','~"J ~.-..-'''''- 'l!........,; ----" Very truly yours, RUTH D. OLlV A B~~ ~ LWRP CONSISTENCY ASSESSMENT FORM A. .. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town Of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before aosweriog the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of South old Town). 3. If any question in Section C on this form is answered "yes" or no" then the proposed action will affect the achievem ent of the L W RP policy standards and conditions contained in the consistency review law. Thus. each answer must be explained in detaillistinl!: both suooortinl!: and non- supoortinl!: facts. If an action carmot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 15 9 8 PROJECT NAME Special Exception and Variance Application for New Cingular Wireless PCS, LLC The Application has been submitted to (check appropriate response): Town Board IZI Planning Board D Building Dept. D Board of Trustees D I. Category of Town of Southold agency action (check appropriate response): (a) (b) Financial assistance (e.g. grant, loan, subsidy) D D IZI Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (C) Permit, approval, licetise, certification: Nature and extent of action: The proposed action involves the constraction of a "flagpole" monopole, which would have the antennas of New Cingular Wireless PCS, LLC concealed within. The proposed monopole would extend 10 a height of 100*-feet above grade level ("agl"). In addition, proposed ground-based equipment would he placed on an elevated steel platform and would extend to a height of ll-feet-2-inches agl. This equipment would be surrounded by a six-foot agl chain link fence with a four-foot agllackable gate. , . Location of action: Orient by the Sea Restaurant, Main Road, Orient Site acreage: .009'" acres (represents proposed equipment area only). Present land use: commercial Present zoning classification: Marine II (MIl) 2. , If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: , (a) Name of applicant: New Cingular Wireless PCS, LLC (b) Mailing address: 333 Crossways Park Drive Woodbury, New York 11797 (c) Telephone number: Area Code ()(516) 677-6503 (d) Application number, if any: unknown Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes IZI NoD New Yark State Department of Environmental Conservation If yes, which state or federal agency? (Tidal Wetlands Permit) C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRl' Section III - Policies; Page 2 for evaluation criteria. IZIYes D No D Not Applicable \ The proposed flagpole would be situated on previously disturbed land and would be constructed on a portion oflhe property that is currently unvegetated. Moreover, the flagpole would occupy minimal space and would conceal the antennas within the pole. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRl' Section III - Policies Pages 3 through 6 for evaluation criteria IZI Yes D No D Not Applicable Although the subject property is located in an archaeologically sensitive zone, the proposed action consists of the disturbance of 0.009010 acre, which is part of a parcel of land that has already been developed to accomodate a restaurant and marina. Moreover, the design of the proposed facility, such that the antennas would be concealed within a flagpole, would help mitigate any potential visual impacts. Furthermore, review of all available data did not identify any historic resources proximate to the proposed facility location. Attach additional sheets if necessary , Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria 'cgj Yes 0 No 0 Not Applicable The proposed facility has been designed such that the antennas would be concealed within a flagpole to be situated on the property of the Orient by the Sea Restaurant. As such, although the proposed flagpole would be visible from the surrounding area, it would be harmonious with the surrounding development. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria DYes 0 No ~ Not Applicable The proposed area of disturbance is only 0.009010 acre. As such, there would be minimal disturbance on the site. Moreover, the proposed facility would be unmanned. The ground-based equipment would be situated on a steel platform, which would not result in an increase to impervious area. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of South old. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes 0 No ~ Not Applicable As the proposed facility would be unmanned, it would not require potable water nor would any sewage or solid waste be generated. Thus, there would be no benefits or impacts to water quality or quantity. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. DYes 0 No ~ Not Applicable A s the proposed facility would disturb a minim al am ount of un vegetated land, it is anticipated that there w .uld be no significant adverse im pacts fo any ecosy stem s. M oreo ver, an app Iicalion to the New York State D ep "tm ent 0 fEn vir.nm en tal Con servati.n w ill be mad e for a Tidal W e!lands perm it. As such, the applicaot would comply with any conditions imposed by such agency. A llach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of South old See LWRP Section III _ Policies Pages 32 through 34 for evaluation criteria. DYes D No ~ Not Applicable As the proposed facility would be unmanned and would require minimal vehicular trips, there would be no significant adverse impacts to the air quality of the surrounding area. Moreover, the proposed equipment consists oHan-cooled equipment cabinets that do not contain any refrigerants. Thus, there would be no impacts associated with such chemicals. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes D No~ Not Applicable The proposed action involves the construction of an unmanned facility, thus no solid waste, hazardous substances or other wastes would be generated. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. DYesD No ~ Not Applicable As the proposed facility would occupy a minimal amount of land that is undeveloped and on a portion of the subject property that is not utilized, it would have no impact on public access to or recreational use of, coastal water, public lands and public resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies- Pages 47 through 56 for evaluation criteria. .~Yes ONo 0 Not Applicable As the proposed action is a public utility communications facility it would not directly protect or promote the siting of water-dependent resources. However, in accordance with the applicant's FCC license, reliable wireless service would be provided to the area. Thus, while not directly impacting water-dependent uses, existing and future water-dependent uses would benefit as communication for general and emergency situations would be enhanced. .' Attach additional sheets if necessary Policy I I. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes 0 No ~ Not Applicable As the roposed facility would be unmanned, and is unrelated to marine resources, it would neither benefit nor im act same. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold See LWRP Section III _ Policies; Pages 62 through 65 for evaluation criteria. Yes 0 No ~ Not Applicable The proposed action would have no impact on agricultural lands in the Town as the proposed facility would be situated on the previously disturbed property of the Orient by the Sea Restaurant and marina. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. !ZJYes 0 No Not Applicable The proposed project would use minimal electricity and would be unmanned, therefore, the effect on energy and mineral resources woulc be minimal. PREPARED BY /~~7 AipA.-'f/ Gitn;. Watral Amended on 8/1/05 TITLE Vice President, Planning DA TEAprill4, 2006 't~:, "~, +<::>-~ .,'~' 'WOO'",," ~"~' -----i'-----c:>.' . ;, '\ I . . I .... . ~ . + ~ Ln ~ + u .--< ;; . 0 !! 0 ~ = = = ~ . . I ~ . d " ~ ~ ...~ " . ~ /' 8] ~ e: !. fi'~i r ~~l! i 0>, W I I:jfl. 1 !5 ~f ; 8~~ ~ & 1 (!)fl :;!;, 1 ""!I ~~i!I' >--j1!t.:! : ~ "HI Uih !;t)1 f;@) ,;lllll i i ij! i 1i i ! J ! ! ! ~ ii/Il 11.1, I"'" .!!!!l I"" , 1IIII1 !,!,!ff! Illlil liI!!l ie!!! I I II o \. ~ ---~.. t- :~H --%-~~~ Jt<<'I 11:111'1'1 t~'ON~DS + I, 'I" I I J/ - ~ ~ ~ ~ . e ~ . - , -I 3 il!lll Hii' !I, ' :j5.1 III i I + '" ~ (/ PROPOSED CINGULAR 100'_ON HIGH RF COMPATIBLE FLAGPOLE AND ANTENNAS ----- PROPERTY LINE. TYP, EXISTING RESTAURANT AND MARINE FUELING STATION D EXISTING STORAGE BUILDING ;#':7 L EXISTING PROPERTY OWNED BY ORIENT POINT STATE PARK7 c PROPOSE[) 14'-0" HIGH JUNIPERUS VIRGINIAN,A, @ 7'-0" O.c., TYP. OF (22) PROPOSED CINGULAR EQUIPMENT // CABINETS MOUNTED ON PROPO$ED / ELEVATED GALVANIZED STEEL PLATFORM //'/ EXISTING VEGETATION TRAtLER ANd BOATS TO BE CLEARED PRIOR- TO START OF CONSTRUCTION ~ NOTE: CONTRACTOR IS TO RESTORE ANY AREA WHICH IS AFFECTED BY THE INSTALLATION OF ANY ITEMS AND EQUIPMENT WITHIN THIS SCOPE OF WORK. ~ ~ \,'" \~#'7 ,-,~f !illIT; INFORMATION SHOWN HEREON IS BASED UPON A SURVEY PREPARED BY: HAWKINS WEBB JAEGER PLLC_, 3239 ROUTE 112, BUILDING 8-SUiTE 1 MEDFORD, NY 11763. (631) 732-7777, (DATED MAY 2006, PROJECT. NO: 06-0099) 8 --...-.... .~ ..' ~ ~: EXISTING BOAT LAUNCH RAMP Ill-I n:cm.OUlGY DKIVE s..'TAUlU.'T, NY U1JJ VOICE 01:11-619-1450 fAX: "'-'I.I.I9-M_W 40200 MAIN RO ORIENT POINT, NY 11957 ~cing~!!! 6 6 6 6 &. DI/MIIIl; !SSUEll'OR"..,.. ~ - ~, .. '" 20' '0' ao' r(l) A ". NORTH WIRELESS pes. LLC. SITE PLAN ~ SilEr<<>. ORAWlNGNUtoIBER "" DR'_9'I"W L 1 0 2 DFN_S1V(16o,02} "'" 22.J4 ~ ",. ~.... EXISTING SHOREliNE ----- ~~R~E:~R ~ ~ EXISTING BULKHEAD 1 SITE PLAN EXISTING BAY ENTRANCE SCAtE:}"-40'-O' \ " - -1J="'-- --- vV C WIL.L1AM F. COL.L1NS, AlA ARCH1TECTS,L.lP ORIENT BY THE SEA RETAURANT NYCENY1059 / LI-1059 NEW CINGULAR WIRElESS PCS, U.C. 15 EASf IIIDlAIl() "'VENue: P.lIIMIUS.lolJ07652 sc.u,As""rrp PES>CI<(P 6 5 4 t 3