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HomeMy WebLinkAboutAG-01/20/2009 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD January 20, 2009 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 7:30 PM Meeting called to order on January 20, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Assistant Town Attorney Kieran Corcoran I. REPORTS 1. Land Tracking Fourth Quarter of 2008 2. Human Resources Center 2008 Year End Summary & 2009 Program Overview. 3. Trustees Monthly Report December 2008 4. Trustees Yearly Report Southold Town Meeting Agenda - January 20, 2009 Page 2 2008 5. Youth Bureau Report 2008 Accomplishments 6. Program for the Disabled December 2008 Events 7. Judge Evans December 2008 8. Judge Bruer December 2008 9. Judge Price December 2008 II. PUBLIC NOTICES 1. Permit Application to Army Corp. of Engineers Sheila Kennedy, to construct a pier, pilings and ramp. Hay Harbor, Fishers Island NY 2. Application for Aquaculture Project to NYS DEC Applicant - Joseph Monahan for 5 acre parcel of state underwater land in Long Island Sound 3. Application for Liquor License to NYS Liquor Authority Blue Top, LLC, 4805 Depot Lane, Cutchogue 4. Renewal with NYS Liquor Authority Laurel Links, Main Rd., Laurel Manor Hill Vineyards, 14035 Middle Road, Cutchogue 5. Cornell Cooperative Extension of Suffolk County Two meetings to be held back to back on January 22, 2009 at 1pm as follow-up to the Shellfish Best Management Practices; meeting to be held at 423 Griffing Ave., Riverhead. III. COMMUNICATIONS IV. DISCUSSION 1. 11:30 Am - Chief Cochran and PSD II Weingart Continuation of PSD Discussion Southold Town Meeting Agenda - January 20, 2009 Page 3 2. Executive Session Litigation - 2 CSEA Grievance Settlements 3. Executive Session Litigation - Cross Sound Ferry 4. Proposal for Engineering Services - Peconic School 5. 10:00 A.M. - Jim King, Mark Terry LWRP 6. 10:30 A.M. - Lori Hulse, Damon Rallis - General Code Enforcement Discussion - policies and practices moving forward - Changing Title for Damon Rallis - Set Appointment for Future Discussion 7. 11:00 A.M. - Jamie Richter Animal Shelter - Key money, continued - Construction update - Miscellaneous 8. 11:15 A.M. - Heather Lanza - Residential Site Plan Design - Wireless Facilities Code 9. Promotions/Pay Raises - ZBA Request 10. Set Date for Interviews - ZBA - Planning - Board of Ethics 11. Grievance Day/Calendar 12. Division of Natural Resources 13. Light Poles Southold Town Meeting Agenda - January 20, 2009 Page 4 per Councilman Krupski PUBLIC HEARINGS 14. Bombara CEA Hearing 1/20/09 9:00 Am V. RESOLUTIONS 2009-91 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 1/20/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 20, 2009. ? Vote Record - Resolution RES-2009-91 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-92 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 3, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-92 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - January 20, 2009 Page 5 2009-93 Tabled 1/6/2009 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 2009 Open Space in Hamlet Density WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk rd A Local Law In County, New York, on the 23 day of September, 2008 a Local Law entitled “ Relation to Open Space in subdivisions in the Hamlet Density Zoning District ”and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law In Relation to Open Space in subdivisions in the Hamlet Density law entitled, “ Zoning District ” which reads as follows: LOCAL LAW NO. __3__ 2009 A Local Law In Relation to Open Space in subdivisions in the Hamlet Density Zoning District BE IT ENACTED BY the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The purpose of this Local Law is to require an open space set-aside in subdivisions in the Hamlet Density Zoning district, identical to that imposed on residential site plans in the same district. Section 2. Chapter 240 of the Southold Town Code is amended as follows: ARTICLE XI Cluster Development § 240-42. Authority and purpose. D. The Planning Board, at its discretion, may mandate cluster development in the HD, AHD, RR, RO, LB, HB and B Zoning Districts for residential uses as permitted by this Code. H. Design requirements for cluster development subdivisions. In addition to the other Southold Town Meeting Agenda - January 20, 2009 Page 6 requirements of this chapter, the following shall apply: (1) In the R-400, R-200, R- 120, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set aside a minimum of 60% of the buildable lands as open space lands. (2) In the HD Zoning District, a cluster subdivision development must set aside a minimum percentage of buildable lands as shown in the “Open Space set-aside” column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2009-93 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-94 Tabled 1/6/2009 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Design Standards Res Site Plan WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law In County, New York, on the 16th day of December, 2008 a Local Law entitled “ Southold Town Meeting Agenda - January 20, 2009 Page 7 Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, Now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law In Relation to Design Standards and Regulations for Residential law entitled, “ Site Plans in the Town of Southold ” reads as follows: LOCAL LAW NO. _2_ 2009 “A Local Law in relation to Design Standards and Regulations for A Local Law entitled, Residential Site Plans in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the Southold Town Meeting Agenda - January 20, 2009 Page 8 character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold § 280-137. Standards for residential site plans. The purpose of these residential site plan standards are to provide for a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population and protect groundwater, open space and community character. A. The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance with the following: (1) The requirement that the applicant attend a presubmission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. (2) The applicable provisions of this chapter. (3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m. (4) Construction standards and specifications of the Town highway specifications, Chapter 161 of the Code of the Town of Southold. For the purposes of residential site plans, one dwelling unit is the equivalent of one residential lot. (5) The requirements of the existing resources and site analysis plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code of the Town of Southold, Subdivision of Land. (6) The provisions of Article XI, Cluster Development, of Chapter 240 of the Southold Town Meeting Agenda - January 20, 2009 Page 9 Code of the Town of Southold, Subdivision of Land, as may shall be applied by the Planning Board in its discretion to residential site plans in residential districts, and may be applied by the Planning Board to residential site plans in business districts., where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, of Chapter 240, Subdivision of Land, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law § 278 regarding clustered development, Town Law § 274-a regarding site plan review, or Town Law § 267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of Appeals, this provision supersedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. (a) Design requirements where cluster development is required: 1. Open space i. Where required, cluster development design shall set aside a percentage of buildable land as open space in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Attachment 6 Plans at the end of this chapter, in . ii. Open space shall be vegetated, with no more than 15% of the land area to be irrigated. iii. Open space shall remain open and free of any buildings or structures, except those structures related to the use of the open space, including but not limited to split rail fences, signs and boundary markers. iv. The location, use and design of the open space areas will be determined by the Planning Board using the ERSAP, as set forth above, and as set forth and regulated in §240-10C and §240-44. 2. Minimum setback i. The setback from the property line to all structures shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter. 3. Minimum buffer i. The buffer area shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter (7) [Reserved.] (8) Design considerations: (a) The location, arrangement, setbacks, size, design, and general site Southold Town Meeting Agenda - January 20, 2009 Page 10 compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, rights-of-way, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor, employee and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. (g) Garages should be set back from the front façade of the building. Two-car garages should either have a separate door for each bay, or have the appearance of an individual door for each bay. B. SEQRA review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No. 12-2005] C. Within 10 days after completion of the SEQRA review accepting the application, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall review the application at their next regularly scheduled meeting, and make a written recommendation to the Planning Board on the site plan within 10 business days of that meeting receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. [Added 8-2-2005 by L.L. No. 12-2005] D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 280-131H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 55, Notice of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005] E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § 240- 10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing, except in the Hamlet Density zoning district the number of units to be set aside as moderate-income family dwelling units (MIFDU) is reduced from twenty percent to ten percent. The requirements applicable to lots within a subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. F. Park and recreation requirement. The provisions of § 240-53 of the Code of the Town Southold Town Meeting Agenda - January 20, 2009 Page 11 of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005] G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-2005] H. Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. [Amended 8-2-2005 by L.L. No. 12-2005] I. Planning Board authority to vary requirements for setbacks, building length, separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-2005] (1) The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§ 280-107 and 280-108, and to reduce or amend requirements for open space. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Southold Town Meeting Agenda - January 20, 2009 Page 12 Zoning Board of Appeals. Section 3 . Chapter 280 is further amended as follows: 280-4 Definitions BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision, lot or parcel, designed to provide natural visual screening through the growth of dense vegetation, and ideally including evergreens. A new Attachment 6 is added to Chapter 280. 280 Attachment 6 Town of Southold Schedule for Open Space, Buffers and Setbacks for Residential Site Plans Size of Minimum open Minimum Minimum buffer 2 property space set-aside setback (in (in feet) 1 (acres) (as a percent of feet) total land area of project) <15 20 30 20 15-39 30 35 25 >39 50 75 50 1 Perimeter setback from property line to all structures including driveways, patios & decks (includes the buffer area). Setback must be vegetated. Where open space is between the property line and the buildings, the buildings must be setback from the open space a minimum of 10’ as measured from the edge of structure to the nearest edge of open space. The portion of the setback not encompassing the buffer area is excluded from the open space calculation. 2 The buffer is located within the minimum setback. The buffer begins at the property line and extends in towards the interior of the parcel. The area of the buffer shall be included in open space calculations. At the discretion of the Planning Board, buffers can either be “non-disturbance” meaning the buffer area is left in its natural state and vegetation is not cut or removed, or a buffer can be planted and landscaped according to a plan approved by the Planning Board. Section 4 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 5 . 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 6. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Southold Town Meeting Agenda - January 20, 2009 Page 13 ? Vote Record - Resolution RES-2009-94 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-95 Tabled 1/6/2009 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL to Limit Size in Res WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th A Local Law In County, New York, on the 16 day of December, 2008 a Local Law entitled “ Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density District in the Town of Southold ”and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, NOW therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law In Relation to Zoning Amendments to limit the size of dwelling law entitled, “ units in Residential Site Plans in the Hamlet Density District in the Town of Southold ” reads as follows: LOCAL LAW NO. ___1____ 2009 “A Local Law in relation to Zoning Amendments to limit the size of dwelling A Local Law entitled, units in Residential Site Plans in the Hamlet Density District in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - January 20, 2009 Page 14 Section 1. Enactment I. Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains Southold Town Meeting Agenda - January 20, 2009 Page 15 the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A Maximum amount of building area and size of buildings in the Hamlet (7). Density Zoning District i. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-10B). The Southold Town Meeting Agenda - January 20, 2009 Page 16 resulting total building area may then be divided into structures. ii. At least 50% of the total number of units proposed must not be larger than 1,200 s.f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. iii. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures. iv. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude incidental floor area. Incidental floor area shall include, but not be limited to, unfinished basement area and unfinished attic area, garages, unenclosed porches and decks. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . 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 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2009-95 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - January 20, 2009 Page 17 2009-96 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting FI Retiree Sick Time Buy Out WHEREAS, the Fishers Island Ferry District conforms that provision of the collective bargaining agreement between the Town of Southold and the CSEA which provides for payment of accumulated unused sick leave upon retirement for the first 40 days in full and payment at the rate of one for three for every additional day over 40, up to total payment of 120 days, and WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their January 6, 2009 to pay Paul Foley, who retired from Fishers Island Ferry District effective 12/31/08, for his accumulated unused sick leave, and WHEREAS, the Town Board of the Town of Southold is required to approve payment for accumulated unused sick leave for employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes payment to Paul Foley, who retired from Fishers Island Ferry District effective 12/31/08, for his accumulated unused sick leave totaling $10,082.61 less mandatory payroll withholdings. ? Vote Record - Resolution RES-2009-96 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-97 CATEGORY: Attend Seminar DEPARTMENT: Building Department Training Southold Town Meeting Agenda - January 20, 2009 Page 18 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Permits Examiner Patricia Conklin, Building Inspector Gary Fish, Fire Inspector Robert Fisher and Chief Building Inspector Michael Verity to attend a training conference in Lake Placid, New York, from March 2-5, 2009. The above conference will provide the required amount of in-service credits for the year. All expenses for registration, travel to be a legal charge to the 2009 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2009-97 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-98 CATEGORY: Advertise DEPARTMENT: Police Dept Advertise for Seasonal Police Officers for the 2010 Season RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Seasonal Police Officers for the 2010 summer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of 2009. Applications must be received by Monday, March 2, 2009. ? Vote Record - Resolution RES-2009-98 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-99 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - January 20, 2009 Page 19 Authorizes and Directs Supervisor Scott A. Russell to Execute the Proposal Between the Town of Southold and Diversified Technology Consultants Dated January 6, 2009, for Engineering Services RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Proposal between the Town of Southold and Diversified Technology Consultants dated January 6, 2009, for engineering services relating to maintenance of the wastewater facilities and compliance with NYS DEC requirements for the Fishers Island Sewer District, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-99 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-100 CATEGORY: Bid Acceptance DEPARTMENT: Town Attorney Amend Resolution 2008-1077 RESOLVEDamends Resolution #2008- that the Town Board of the Town of Southold hereby 1072 adopted December 16, 2008 to read as follows: RESOLVEDaccepts the bid of Burt’s that the Town Board of the Town of Southold hereby Reliable, at a fixed differential price of $0.135 per gallon above the Northville Rack Price, for supplying the Town of Southold Highway Department with ultra low sulfur diesel fuel for the 2009 calendar year , all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-100 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - January 20, 2009 Page 20 2009-101 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept Bid on Biodegradable Leaf Bags RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Pabco Industries, LLC to supply the town with Biodegradable Paper Leaf Bags at the quantity prices received in Pabco’s bid of November 20, 2008, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-101 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-102 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept Bid on Scrap Tire Removal RESOLVED accepts the OPTION # 1 that the Town Board of the Town of Southold hereby bid of Pegasus Worldwide, LLC to remove Scrap Tires collected at the Southold Town Transfer Station in accordance with all applicable state and federal regulations in the amount of $ 1,400 per 100 cu. Yd. trailer load, plus applicable surcharges for oversized tires, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-102 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - January 20, 2009 Page 21 2009-103 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution #2008-898 RESOLVEDamends Resolution #2008- that the Town Board of the Town of Southold hereby 898 adopted September 23, 2008 to read as follows: WHEREAS , pursuant to Section 215 of the Southold Town Code, the Town Board, acting for and on behalf of the Fishers Island Sewer District, is authorized and empowered to regulate the disposal of wastewater and proper operations and maintenance of the public sewers, the sewage treatment facility, and other sewage works within the Fishers Island Sewer District (FISD); and WHEREAS costs associated with a review of a new hook-up for the Fishers Island Sewer typicallyexcept in District for professional engineering services are approximately $1,500.00, certain complex circumstances, where the review costs may far exceed that amount ; now, therefore, be it RESOLVEDestablishes a fee of that the Town Board of the Town of Southold hereby $1,500.00 for review of each new sewer hook-up, effective September 1, 2008 ; and be it FURTHER RESOLVED that in the event the costs of review are expected to exceed $1,500.00, the applicant for hook-up shall be required to bear such additional costs and advance any expected review costs to the Town, effective January 1, 2009. ? Vote Record - Resolution RES-2009-103 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - January 20, 2009 Page 22 2009-104 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District New Landfill Material Code RESOLVED that the Town Board of the Town of Southold hereby designates It is "Unadulterated Wood" as defined by the New York State Department of Environmental Conservation in 6 NYCRR Part 360-1.2(b)(175) as a waste material distinct from mixed construction and demolition debris (C&D) and authorizes its acceptance for disposal at the Cutchogue Transfer Station at a price of $30/ton, provided such material is delivered in amounts RESOLVED of not less than 10 cubic yards per disposal. And it is further that the Solid Waste Coordinator is hereby authorized to designate an appropriate name and computer code to describe such material accepted at the Transfer Station for reporting purposes. ? Vote Record - Resolution RES-2009-104 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-105 CATEGORY: Attend Seminar DEPARTMENT: Building Department Training RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Permits Coordinator Vicki Toth to attend a Basic Training Seminar in North Patchogue, on January 27-29, 2009. All expenses for registration, travel to be a legal charge to the 2009 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2009-105 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - January 20, 2009 Page 23 2009-106 CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Philip Beltz as Deputy Supervisor of the Town of Southold for the Term of January 1, 2009 through December 31, 2009 RESOLVED the Town Board of the Town of Southold hereby amends resolution No. 2009-1 as follows: SUPERVISOR’S APPOINTMENT Philip Beltz Supervisor Scott A. Russell hereby appoints as Deputy Supervisor of the Town of Southold for the term of January 1, 2009 through December 31, 2009. ? Vote Record - Resolution RES-2009-106 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-107 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the First Amendment to Lease and Memorandum of Lease Between the Town of Southold and New Cingular Wireless PCS, LLC, Successor in Interest to Cellular Telephone Company RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the First Amendment to Lease and Memorandum of Lease between the Town of Southold and New Cingular Wireless PCS, LLC, successor in interest to Cellular Telephone Company , in connection with the renewal of the Lease regarding the Peconic Lane cell tower site for a term of 60 months, commencing on April 1, 2011, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - January 20, 2009 Page 24 ? Vote Record - Resolution RES-2009-107 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-108 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Peconic School Engineering Services RESOLVED accepts the proposal of L. that the Town Board of the Town of Southold hereby K. McLean Associates, P.C. and James, LaSala & Associates to provide Professional Architectural and Engineering services for the preparation of design documents and bid specifications as outline in their proposal dated December 16, 2008 for the design of HVAC, plumbing, electrical, lighting and fire sprinkler systems, including design drawings suitable for all permit applications, bid and construction documents, for renovations to the Peconic School, in the amount of $26,398 , all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-108 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-109 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept Bid for 97 Dodge Van RESOLVEDthe bid of Donald that the Town Board of the Town of Southold hereby accepts Grim in the amount of $26.00 for a used 1997 Dodge Van in “as in condition. Southold Town Meeting Agenda - January 20, 2009 Page 25 ? Vote Record - Resolution RES-2009-109 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-110 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Town Attorney Budget Modification RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 budget as follows for the purpose of covering an unfunded salary increase, additional hours worked, and paying outstanding legal invoices: TO: A.1420.1.200.100 Town Attorney, Part-Time Regular Earnings $10,500.00 A.1420.4.500.100 Town Attorney, Legal Counsel $ 8,627.80 A.1420.4.600.300 Town Attorney, Travel Reimbursement $ 31.17 A.1420.4.600.600 Town Attorney, Dues & Subscriptions $ 194.22 FROM: A.1420.1.100.200 Town Attorney, Overtime Earnings $ 1,000.00 A.1420.4.200.100 Town Attorney, Cellular Telephone $ 251.00 A.1420.4.600.100 Town Attorney, Litigation Expenses $ 1,842.00 A.1420.4.600.200 Town Attorney, Meetings & Seminars $ 1,877.00 A.1990.4.100.100 Unallocated Contingencies $14,383.19 ? Vote Record - Resolution RES-2009-110 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-111 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Southold Town Meeting Agenda - January 20, 2009 Page 26 Town Attorney Budget Modification RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Part Town 2008 budget as follows for the purpose of covering sick, vacation and overtime earnings paid out at the retirement of Edward Forrester: TO: B.1420.1.100.300 Town Attorney, Vacation Earnings $ 4,841.17 B.1420.1.100.400 Town Attorney, Sick Earnings $10,758.16 FROM: B.1420.1.100.100 Town Attorney, Regular Earnings $6,873.00 B.1420.1.100.200 Town Attorney, Overtime Earnings $ 692.00 B.1420.4.600.200 Town Attorney, Meetings & Seminars $1,000.00 B.1420.4.600.600 Town Attorney, Dues & Subscriptions $ 12.00 B.1420.4.200.100 Town Attorney, Cellular Telephone $ 155.00 B.1420.4.100.100 Town Attorney, Office Supplies $ 120.00 B.1420.4.500.200 Town Attorney, Legal Counsel $6,747.33 ? Vote Record - Resolution RES-2009-111 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-112 CATEGORY: Authorize Payment DEPARTMENT: Engineering SCWA Key Money Psymrent RESOLVEDauthorizes the payment of that the Town Board of the Town of Southold hereby $24,000.00 “key money” fees to the Suffolk County Water Authority in relationship to water installation at the new Southold Town Animal Shelter, all in accordance with the Town Attorney. Southold Town Meeting Agenda - January 20, 2009 Page 27 ? Vote Record - Resolution RES-2009-112 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-113 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set February 3, 2009 at 4:35 PM to Hold a Public Hearing on the Proposed Local Law Entitled “A Local Law in Relation to Wireless Communications Facilities“ WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 20 day of January, 2009, a Local Law entitled Relation to Wireless Communications Facilities“ and now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the on aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, February 3, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in Relation to Wireless Communications The proposed Local Law entitled, Facilities“ reads as follows: LOCAL LAW NO. OF 2009 “A Local Law in Relation to Wireless Communications Facilities“ A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: Article XVII entitled “Wireless Communications Facilities” is hereby repealed in its entirety and replaced as follows: §280-67. Purpose Southold Town Meeting Agenda - January 20, 2009 Page 28 A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold’scitizens and allowing wireless service providers to meet their technological and service objectives. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: a. Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; b. Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Chapter 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations. §280-69. Definitions As used in this article, the following terms shall have the meanings set forth below: ANTENNA Any transmitting or receiving device, including whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Southold Town Meeting Agenda - January 20, 2009 Page 29 ANTENNA SUPPORT STRUCTURE Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including self-supporting lattice towers, guyed towers and monopoles. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE EQUIPMENT Ground-mounted equipment integral to the operation of an antenna system. Base equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER An enclosed structure at the base of the mount within which is housed the base equipment for a wireless communications facility. FALL ZONE The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE An antenna support structure that is supported, in whole or in part, by guy wire and ground anchors. HEIGHT When referring to a tower or other antenna support structure, the distance measured from the average preexisting grade level within a radius of 300’ to the highest point on the tower or structure, including antennas, lightening protection devices or any other apparatus attached to the top of the tower or antenna support structure. LATTICE ANTENNA SUPPORT STRUCTURE An antenna support structure that has open- framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment for better or more modern equipment. Adding a new wireless carrier or service Southold Town Meeting Agenda - January 20, 2009 Page 30 provider (co-location) to a wireless communications tower or site is a modification. A modification shall not include ordinary maintenance, as defined herein. Modifications shall be classified as major or minor. MAJOR MODIFICATION A. — Improvements to existing wireless telecommunications facility or antenna support structure that result in a substantial change to the facility or structure. Major modifications include, but are not limited to, (1) Extending the height of the antenna support structure by more than 5 feet above its current height; (2) Replacement of the structure; (3) Expansion of the base equipment or compound area beyond ten percent of the current floor area. (4) Addition of antennas to an existing carrier’s antenna array (5) Co-location MINOR MODIFICATION - B. Improvements to existing wireless telecommunications facility or antenna support structure, that result in a material change to the facility or structure but of a level, quality or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, replacement of antennas and accessory equipment on a like-for-like basis within an existing wireless telecommunications facility and relocating the antennas of approved wireless telecommunications facilities to different height levels on an existing antenna support structure upon which they are currently located. MONOPOLE A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED — Mounted on the roof of a building. B. SIDE-MOUNTED — Mounted on the side of a building. C. STRUCTURE-MOUNTED — Mounted on a structure other than a building. D. FLUSH-MOUNTED – Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. Southold Town Meeting Agenda - January 20, 2009 Page 31 E. INTERIOR-MOUNTED – Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED — Mounted on the ground. ORDINARY MAINTENANCE - Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility without adding, removing, or changing anything and therefore does not include minor and major modifications. RADIO FREQUENCY (RF) PROFESSIONAL A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER - A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES - Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), and paging service. 280-70. Applicability, permitted uses § A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. B. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, except in cases of ordinary maintenance, as defined in §280-69. Southold Town Meeting Agenda - January 20, 2009 Page 32 C. Building Permit Required: A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval if it conforms to the following: (1) Minor modifications (defined in 280-69); or (2) Design standards for permitted use in §280-72, as applicable to specifications in (3) below; and (3) Location and design: i. New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts; or ii. Major modification, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior. D. Site Plan Approval Required: A wireless communication facility is a permitted use requiring a building permit and site plan approval if it conforms to the following: (1) Design Standards for Permitted use as applicable to specifications in (2) below. (2) Location and design: i. New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts; or ii. Major modification, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior. E. All other wireless communication facilities, major modifications, and co-locations require a building permit, site plan approval, and a special exception approval by the Planning Board. 280-71. General requirements for all wireless communication facilities § A. No new antenna support structures may be constructed without a carrier licensed by the FCC as co-applicant. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. B. Guyed or lattice antenna support structures are prohibited Southold Town Meeting Agenda - January 20, 2009 Page 33 C. Antenna support structures shall not be located in the following areas: (1) Wetlands, tidal and freshwater; (2) Land above high groundwater (within ten feet of the surface). (3) Within 500’ of residences; (4) Lands purchased with Community Preservation Funds; (5) Coastal Erosion Hazard Areas; (6) Designated parkland. D. Antenna support structures may not exceed 80 feet in height. E. Antenna support structures may not be located within 500’ of residences F. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base equipment shelter. G. Antenna support structures shall not constitute an obstruction or hazard to air navigation. H. Antenna support structures are allowed in the following zoning districts: LI, LIO, MI, MII, B, and HB, with the following restrictions: (1) Minimum lot size i. LI, LIO, B & HB – in accordance with the bulk schedule for each zone ii. MI & MII – five acres I. Antenna support structures are not allowed in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, except under the following conditions (these are in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: five contiguous acres of vacant land restricted from future residential development by deed ; and (2) Maximum height: 45’; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-77 Southold Town Meeting Agenda - January 20, 2009 Page 34 (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. J. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co- located with an existing facility, or is designed for future expansion or co- location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. 280-72. Design standards for permitted uses § (these are in addition to the General Requirements listed above) Southold Town Meeting Agenda - January 20, 2009 Page 35 a. Fall-zones. An antenna support structure must include an area surrounding it that is free of other structures and uses, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall-zone may be allowed if supported by a report submitted by a qualified structural engineer, and corroborated by an independent consultant hired by the Town, that demonstrates that a smaller fall zone is safe. b. Major modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted. c. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require a special exception. d. Roof-mounted facilities shall conform to the following requirements: i. Visual impact minimized to the greatest extent possible; ii. Height limited to no more than 10 feet above the highest point of the building e. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the façade or background materials of the structure. f. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval. g. Base equipment i. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or Southold Town Meeting Agenda - January 20, 2009 Page 36 ii. Located in an underground vault, with any above-ground components screened from view with evergreen planting; or iii. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. iv. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences. §280-73. Special exception approval. A. Authority. For the purposes of this section, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. This supercedes Article XXV in that the Planning Board is the reviewing board in place of the Zoning Board of Appeals for wireless communication facilities that require Special Exception approval. The remainder of Article XXV remains in effect and shall apply to the Planning Board’s consideration of a special exception approval for wireless communication facilities, together with the additional standards and requirements in this section. B. Standards. In addition to the standards in Article XXV of this Code, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) The applicant is a public utility duly authorized to provide service in the Town of Southold. The proposed carrier shall be identified as the applicant or co-applicant. (2) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (3) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally-owned land or structures, or within or on existing buildings or structures. (4) The facility conforms with applicable regulations of the FCC, FAA and other authorities having jurisdiction. (5) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Southold Town Meeting Agenda - January 20, 2009 Page 37 C. Matters to be considered. In addition to the matters to be considered in Article XXV of this Code, the Planning Board shall give consideration to the following in issuing a special approval for wireless communication facilities: (1) The proposed structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. D. Conditions. The Planning Board shall consider the following in establishing conditions on the issuance of the special exception approval: (1) In reviewing special exception approval applications required by this section the Planning Board shall consider the Town's policy as stated in this article. (2) In approving a special exception the Planning Board may waive or reduce the criteria in this article, to the extent specified below, if the Planning Board concludes that the goals and stated purposes of this law are better served, and that doing so will have no detrimental effect on adjacent properties or on the public health, safety and welfare, and thereby: (a) Minimize proximity of the tower to residential structures or historic landmarks listed by federal, state or Town agencies. Southold Town Meeting Agenda - January 20, 2009 Page 38 (b) Modify the planting of surrounding tree coverage and foliage to account for existing vegetation and land contours, but only to the extent that the existing vegetation achieves the purpose of concealing the structure. (c) Modify the design of the tower, with particular reference to design characteristics that reduce or eliminate visual obtrusiveness. (3) At the request of the Building Inspectors, which shall be no more frequently than annually, the provider shall have each wireless communication facility inspected at its own expense, and a copy of the inspection report shall be promptly transmitted to the Building Inspector. Radio emission inspections shall be performed by a qualified person specializing in radio frequency engineering with expertise in radio communication facilities. The radio emission report shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of collocated antennas. In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility is above the allowable limits stated within the applicable FCC or ANSI standards or other applicable state or federal guidelines in effect, the applicant shall cease all use of the facility until such time as it proves to the satisfaction of the Building Inspector that the power density levels of the electromagnetic energy to be generated are below the applicable standards. Additionally, at the request of the building inspector, which shall be no more frequently than every three years, the provider shall provide a structural inspection report prepared by a structural engineer. (4) Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. §280-74. Application requirements A. Fees. The following fees are in place of those required in other sections of the code. a. Building Permit Application Fees Southold Town Meeting Agenda - January 20, 2009 Page 39 i. Minor modification $250 ii. Major modification $500 iii. New facility $750 b. Site Plan Application Fees i. Major modification. $1000 ii. New facility $2000 c. Special Exception Application Fee $1000 d. Review by independent consultants. In all cases where the Town determines that a review of an application by a qualified expert is warranted, the applicant shall bear the reasonable cost associated with such review, which cost will be assessed as an additional application fee. This payment shall be made to the Town prior to the review commencing and the decision being rendered on the application. The consultants will work under the direction of the Town Planning Director. Copies of the consultants’ qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants’ report prior to any decisions being made. B. Building Permit Application The following application requirements are in addition to those required in §144-8 C. (1) Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-71 J. (1)-(5). (2) Written documentation as to the facility’s structural compliance with local, State and Federal Codes. (3) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. (4) Report from Planning Department on compliance with the General Requirements, Design Standards for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted. C. Site Plan Application Southold Town Meeting Agenda - January 20, 2009 Page 40 The following application requirements are in addition to those required in §280-133. a. Seven copies of items A.1-3 listed above for the Building Permit Application b. Aeronautical study or appropriate consultant’s report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. c. Visual Impact Analysis – renderings or computer graphics illustrating the appearance of the completed facility from all residential and public vantage points. d. Adjacent land uses, structures and zoning within 500 feet. e. The location in latitude and longitude, type and height of the wireless communication facility. f. A list of other carriers already located on the facility with the number and type of antennas for each, and the capacity of each carrier at that location, including the proposed. g. Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of each carrier already located on the facility, including the proposed. h. A photo of the facility, if already existing. i. Location of landmarks listed by federal, state or Town agencies within 300 feet. j. Distances between the proposed facility and the following: i. the nearest residential structure, ii. the nearest property line with a residential use, iii. all other structures. iv. Roads, rights of way, driveways k. Fall-zone radius and distance l. Proposed means of access m. Elevation drawings with dimensions clearly indicated, including diameter of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. Southold Town Meeting Agenda - January 20, 2009 Page 41 n. Other information deemed by the Planning Board to be necessary to assess compliance with this law. D. Special Exception Application To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV: (1) Each application shall include a. One copies of the building permit application b. Once copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users (3) Each application shall include a plan which shall reference all existing wireless communication facility locations in the Town of Southold, any such facilities in the abutting towns which provide service to areas within the Town of Southold, any changes proposed within the following twelve-month period, including the applicant's plans for new locations and the discontinuance or relocation of existing wireless facilities. Alternatively, at the beginning of the year the applicant may submit an annual wireless communication facility plan containing the aforementioned information for the calendar year. (4) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. Southold Town Meeting Agenda - January 20, 2009 Page 42 The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants’ qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. (5) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (6) A power density analysis of the radio emissions for the proposed wireless communication facility. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum transmitter power rating specified by the manufacturer. (7) Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the Applicant based on the Applicant’s documented coverage and reliability needs. (8) A “gap map” prepared and signed by a qualified radio frequency engineer and overlaid on an “existing coverage” background propagation map demonstrating the area(s) within which the applicant’s existing service is not adequate. In addition, a search ring shall depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal Southold Town Meeting Agenda - January 20, 2009 Page 43 strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. (9) The applicant must also explain to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to §170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. §280-76. Site design standards. The following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: A. Camouflage on buildings. Wireless antennas, if mounted on a building façade, shall be flush mounted and painted or otherwise treated to blend with the façade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing Southold Town Meeting Agenda - January 20, 2009 Page 44 architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. B. Setbacks. Towers and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. C. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. D. Base equipment shelter. Equipment accessory to the wireless communication facility may be located within an existing building or in an underground vault. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co-location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. The shelter and associated fencing must be entirely screened from view by evergreen plantings. The new plantings must be of sufficient size to accomplish the screening within six months. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. E. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. Southold Town Meeting Agenda - January 20, 2009 Page 45 F. Access. Access to wireless facilities shall be from already established site access points whenever possible. G. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. H. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. I. Co-location. Wireless communication facilities shall be designed to provide for co- location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. §280-77. Appearance and visual impacts on character of community A. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300’ of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300’ radius of the proposed location, or 35’ maximum in the absence of trees. B. Base landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. C. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure’s location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the Southold Town Meeting Agenda - January 20, 2009 Page 46 colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. D. Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. E. Camouflage by vegetation for residential screening. Where the site proposed for a freestanding tower structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10’ above screening buildings and/or trees. In the absence of existing large trees or buildings to provide camouflage, the height of the proposed structure may be no more than 35’, and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of 10’ less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. A written guarantee from the wireless facility’s owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. F. Alternate screening. The location of a cellular wireless communication facility on an existing water tower, silo or equivalent vertical structure, including an existing cellular, radio or television tower, is permitted without the need to meet the conditions in Subsections A, B, C and D above, provided that the height of the existing structure is not increased as a result of the attachment of the cellular structure. A decorative disguising structure such as a clock tower may also be approved as an alternative to the conditions in Subsections A, B, C and D at the discretion of the Planning Board. If the height of the existing structure is to be increased by the attachment of the new structure, all of the conditions herein shall apply as to a new freestanding structure. G. Commercial and industrial siting. Towers to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and Southold Town Meeting Agenda - January 20, 2009 Page 47 structures should be used in the siting of freestanding towers to contribute to the visual screening of the tower. . H. Commercial districts. Towers to be sited on undeveloped properties in the commercial districts shall apply the standards of the condition in § 280-72C herein to all property lines, including the streetline, except that a driveway shall be permitted to gain access to the facility for maintenance personnel and equipment. I. Federal Aviation Regulations. All towers shall comply with applicable airport hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. J. §280-78. Removal. A. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility shall remove same within 90 days of such deemed abandonment. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, with the approval of the Town Board, give the owner notice that unless the removal is accomplished in 30 days, the Town will cause the removal at the owner's expense. The grant of a site plan approval under this article shall include requiring the applicant to post a decommissioning bond and irrevocable permission to the Town to accomplish removal of the wireless communication facility under this article. §280-79. Nonconforming uses. Preexisting telecommunication towers shall be allowed to continue their usage as they presently exist. New construction, other than maintenance on a preexisting tower, shall comply with the requirements of this article. §280-80. [Reserved]. §280-81. Severability. Southold Town Meeting Agenda - January 20, 2009 Page 48 The various parts, sections and clauses of this article are hereby declared to be severable. 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. §280-82. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2009-113 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded RESOLVED that the Town Board meeting is adjourned at ________________________. ? Vote Record - Resolution RES-2009-113 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded