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Home My WebLink AboutLL 2008 # 7 SOUTHOLD TOWN BOARD PUBLIC HEARING July 29, 2008 4:35 PM This public hearing was called to order at 5:06 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman Vincent Orlando Absent: Councilman William Ruland COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1 st day of July, 2008, a Local Law entitled, "Temporary Moratorium on the Processingt Review oft and making Decisions on applications for Building Permitst Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold", AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hali~ 53095 Main Road~ Southoldt New York~ on the 29th day of Julyt 2008t at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "Temporary Moratorium on the Processingt Review oft and making Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold' reads as follows: LOCAL LAW NO. of 2008 A Local Law entitled, "Temporary Moratorium on the Processingt Review oft and making Decisions on applications for Building Permlts~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including Extension Cell Tower Moratorium Public Hearing 2 July 29, 2008 already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the report and recommendations of the consultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommendations, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be accomplished with an additional one hundred and eighty (180) day extension of the moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporar~ Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred Extension Cell Tower Moratorium Public Hearing 3 July 29, 2008 Eighty (180) Day period: 1) The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law. and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally-enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. §280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Extension Cell Tower Moratorium Public Hearing 4 July 29, 2008 Southold. §280-167. Exclusions. This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and AuthoriW, to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1 )(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Extension Ceil Tower Moratorium Public Hearing 5 July 29, 2008 Code. c. All such applications shall~ within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a memorandum here dated July 28th from Jerilyn Woodhouse, the Planning Board chair, 'Thank you for your request for comments from the Planning Board regarding the proposed extension of the moratorium. We support the extension of the moratorium to allow the Town adequate time to prepare and plan for wireless facilities that are compatible with the character of the Town. The Town has been working steadily towards completing a wireless communications plan. Towards that end, the Town Planning Director, who has been in regular contact with Walter Cooper, the wireless communication consultant who has been hired to work on the plan. Mr. Cooper has reviewed the Town code relevant to wireless facilities and drafted changes, has gathered the necessary inibrmation to determine the current wireless coverage and to make recommendations on future coverage and he is drafting planning guidelines for wireless facilities.' I have a certification that this notice for public hearing has appeared as a legal in the local newspaper and it has appeared on the Town Clerk's bulletin board outside. And I think those are the only substantive communications in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the extension of the cell tower moratorium? (No response) Okay, let's close the hearing. This hearing was closed at 5:09 PM Eliza'6eth A. N~e'v? Southold Town Clerk COUNTY OF SUFFOLK DEPARTMENT OF PLANNING STEVE LEVY SUFFOLK COUNI~' EXECUTIVE September 30, 2008 THOMAS ISLES, AICP DIRECTOR OF pLANNING RZCE[V2D Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Amendment, "Temporary Moratorium on the processing, reviewing of, and making decisions on the application for building permits, site plans and special exceptions use permits for wireless communication facilities" SCPC File No.: SD-07-06 Dear Ms. Neville: Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-519 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-404, DAVID A. PATERSON (~OVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A, CORTI~S-V~,ZQUEZ SECRETARY OF STATE August 4, 2008 Lynda M Bohn Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED AUG - 6 2008 Soufholcl Town Clerk RE: Town of Southold, Local Law No. 7 & 8, 2008, filed on July 3'1, 2008 Dear SidMadam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny, us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY. US E-MAIL: INFO,DOS.STATE.NY.US #8951 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 7th day of August, 2008. Principal Clerk Sworn to before me this , day of (~L,~t ~,(~'/~- 2008 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 QuallfIBd In Suffolk County My Commission Exphes February 28, 2012 LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN there has been presented to thc Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of July, 2008, a Local Law entitled, ~ Wireless Communication Facilities in the Town of Southold' which reads as follows: LOCAL LAW NO. 7 of 2008 A Local Law entitled, "Temoorarv Moratorium on the Processing. Review of. and making Decisions on aonlica- finns for Building Permils. Site ~Plan~ and Soeria] ExceoUon Use Permits for Wireless Communication Facilities in the Town of Southold". BE 1T ENACTED by the Town Board of the Town of Southold as follows: 1. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communica- tion facilities projects within the Town. including already constructed cell tow ers, towers currently under Town rev ew and proposed cell tower projects. The Town Board believes that a haphazard. piecemeal approach to the proliferation of such towers could be detrimental lo the character of the Town. including ils active farmland, open spaces, scenic by- ways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the exist lng Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Ham let Study and other past planning stud- ies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agri- cultural and rural culture. Regulations on the size. location and appearance of wireless communication facilities are necessary to address the problems these On July 3/, 2007, the Town of Southold adopted a 180-day morato- rium on all new wireless conmaunication facilities. The Town Board intended to use the time to formulate a comprehen- sive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited pro posals from several wireless consultants to assist the Town with the aforemen- tioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the re port and recommendations of the con- sultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommemia- tions, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be ac- complished with an additional one hun- dred and eighty (180) day extension of ~he moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days be- yond the expiration period. This will provide the Town adequate time to ex- amine the consultant recommendations, and draft and adopt necessary code amendments. Il. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as fogows: ARTICLE XXX Moratorium §280-165. Enaclment of Temoorarv Moralorium. a~gplication for a site plan containing WIRELESS COMMUNICATION CIL1TY. whether submitted nrior to or after the effective date of this law, and sball not be subject to the time oeriod~s svecified in Town Law §274-a and Ar bele XXV of the Southold Town C~0cle~ including without limitation, orovisions relating to the orocessine, reviewing, holding of hearinas and the rendering of decision~ The statutory and locally enacted time oeriods for orocessine and making decisions on all asoects of said site plan aoolications are susoended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in 6280-4 of the Code of Town of Southold. 2) The Zoning Board of Anneals sba![ not accent for review, continue review, hold a hearing on. continue a hearing o[ make any decision uoon any avolication for a snecia[ exceofion use oermit con- talnine a WIRELESS COMMUNICA- TION FACILITy. whether submitted orior to or after the effective date of this law. and shall not be subject to the time periods soecified in Town Law §274 b and Chanter 280 of the Southold Town Code. including without limitation, oro visions relating to the orocessing, re- viewing, holding of hearings and the ren: derine of decisions. The statutory l!!!d. locagv-enacted time veriods for orocess ine and making decisions on all asoec!s of said soecial exceotion use oennit s ore busoended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in §280 4 of the Code of the Town of Southol4 3) The Building lnsnector shall not gccevt for review, continue review or make any determination UPOn any an 01ication for a buildina permit prooos ina a WIRELESS COMMUNICATION FACILITY. whether submitted orior to or after the effective date of this law. and shall not be sublect to the time oeriods svecitied in Town Law §274-a. Chart!er 280 and Article XXV of the Southold Town Code. including without limita- tion. nrovisions relatina to the orocess into reviewing and the renderina o_f terminations. The statutory and locally enacted time De,mis for orocessine and makin~ determinations on all aspects of said building oermit avnlications are susoended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in ~280-4 of 1hq Code of the Town of Southold Rule Law I$10(l~/ii~(d~/3): §10(l/(ii)(~) §g80-169. Anneal Procedure~ a. The Ibwn Board shall have the authority to vary or waive the aonlica- lion of any orovision of this Local I a~w ~ih in its leaislative discrction, unon its determination, the variancc or waiver is reauired to alleviate an extraordinary hardshiv affecfin~ a parcel of orooer~y, To grant such request, the Town Board must find that a variance or waiver not adversely affect the purvose o[ !hi5 Local Law. the health, safety or welfare of the Town of Southold. or any comvre- hensive nlannine efforts being undertak- en in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the prop_ ertv. the range of business oonortunities in the vicinity of the prooertv and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the ooen and recreational soace, and transnortation infrastructure of the Town. The anolication must coin olv with all other aoolicable nrovisions of the Southold Town Code. b. Any retmest for fl variance or waiv- er shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00t dollars for the orocessing Of such aoolication, along with conies of the site develooment plan and any relat- ed information reouircd in accordance with the orocedures set forth in Chapter 280 of the Southold Town Code. c. All such avvlications shall, within five (5~ days of filing with the Town Clerk be referred to the Planning Boar4 which shall have ten (10) days following receim to make a recommendation to ap- Drove or disanorove a variance or waiver of this Local Law. The apvlicafion and recommendation shall be transmitted tQ the Town Board. The Town Board may conduct a public hearin~ and make a fi- hal decision on the anolication, with or without conditions. Final avoroval i~ re- served to the absolute leaislative discre- tion of the Town Board. 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 unconstitution- al or invalid. IV. EFFECTIVE DATE This Local Law shall take effect tm- mediately upon filing with the Secretary of State as provided by law. Dated: July 29, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Sworn to before me this Principal Clerk day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01 -VO6105050 Qualified In Suffolk County My Commission Expires Februarg 28, 2012 LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day ol July, 2008, a Local Law entitled, ~ ~reless Communi~afion Facilities in the Town of Southold' which reads as LOCAL LAW NO. ~7 of 2008 A Local Law entitled, '_'Temporary_ Moralorium on the Processinm Review of. and ~naking Decisions on anulica- tions for Building Permits. Site plan~ and Soeclal Exception Use Permits for Wireless Communication Facilities in the Town of Southold'. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communica lion facilities projects within the Towm including already constructed cell tow ers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic by- ways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the exist lng Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history. and the long-range goals of the Town (as set lorth in the recently adopted Ham- let Study and other past planning stud- ics) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agri- cultural and rural culture. Regulations on the size, location and appearance of wireless commuincatinn facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day morato rium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehen- sive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited pro- posals from several wireless consultants to assist the Town with the aforemen- tioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the re port and recommendations of the con- sultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommenda- tions, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be ac- complished with an additional one hun- dred and eighty (1801 day extension of the moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (1801 days be- yond the expiration period. This wig provide the Town adequate time to ex- amine the consultant recommendations, and draft and adopt necessary code amendments, 1L A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX_ Moratorinm ~280-165. Enactment of Tern_notary_ Moratorium~, _For a Der od of One Hundred Einhtv (180~ Days fogowine the effective date of this Local Law after which date this Local Law shall lanse and be withon! further force and effect and subject to any other Local Law adopted bv the Town Board durine the One Hundr~0 Eighty (180~ Day veriod' 1) The Plannine Board shall not ac cent for review, continue review, hold a hearine or make any decision unon any aoobcation for a site oran containina ~1 WIRELESS COMMUNICATION FA- _CILITY. whether submitted orior to or after the effective date of this law. an~d shall not be subiect to the time oeriods soecified in Town Law ~274 a and Av tide XXV of the Southold Town Code. incindth~ without limitation, orovlsions relatine to the orocessine, reviewing, holdine of hearines and the rendering of decisions. The statutory and local]v- enacted time neriods for orocessinE and makine decisions on ag asoects of said site plan anolications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in ~280-4 of the Code of the Town ol Southold. 2) The Zonine Board of Anneals sba II not accent for review, continue reDiD% hold a hearina on. continue a hearing or make any decision upon any aovlicatinn for a soecial excention use hermit con- tainina a WIRELESS COMMUNICA_- T1ON FACILITY. whether submitted prior to or after the effective date of this law. and shall not be subject to the time periods soecified in Town Law ~274 b and Chanter 280 of the Southold Towq Code. includine without linritafion, urn- visions relatine to the orocessing, re- viewing, holdine of hearines and the ren- define of decisions The statutory and locally-enacted time neriods for orocess- ine and makine decisions on all asoec!s of said special excevfion use permits are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in ~280-4 of the Code of the Town of Southold 3) The Buildinu Insoector shall not accent for review, continue review or make any determination uoon any ap- Dlicafion for a bin[dine permit oropos- iht a WIRELESS COMMUNICATION FACILI~. whether submitted m'ior to or after the effective date of this law. and shah not be subject to the time neriods specified in Town Law 15274 a. Chapter 280 and Article XXV of the Southold Town Code. incindine without limita- tion. urovisions relating to the nrocess- into reviewing and the renderine of terminations. The statutory and locagv enacted time periods for Drocessine and makine determinations on all aspects of said building vermit anvlications are susoended and staved while this Local Law is in effect. All terms used in thi~ Local Law are as defined in §280-4 of the Code of the Town of Southold This Local Law shall aVoiD to [new or oending] a~olications for olans or soecial exceotion use oermits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. This Local Law shall not aonlv to; 1~ Site plans for which final or con- ditional final aooroval was ~rante0 by the Plannine Board orior to the effective date of this Local L~w. 2~ Aoolications for co-location of wireless telecommunication facilities in- side a permitted tower, with no comoo neat Darts visible from the exterior. 8280-168. Conflict with State Statutes and Authority to Sunersede, To the extent that any orovisions of this Local Law are in conflict with or are construed as inconsistent with the ~rovi- sions of New York State Town Law. this Local Law sunersede~, amends and takes precedence over NYS Town Law vursu- ant to the Town's municipal home rule Dowers. nursuant to Municinal Home Rule Law 810(l//iD(d~(3k 810(11(ii3(a) (14~ and 822 to supersede anY inconsis- tent authority. In oar ticular, to the extent and de~re~ any nrovisions of this Local Law are construed as bein~ inconsistent with tl!_e provisions of Town Law 8274-a. 8274 b and the orovisions and reouirement$ set forth in Chaoter 280 of the SoutholO Town Code. which re0uire that the Plan- nin£ Board or Zonina Board of Anpeals orocess, review, hold hearines on. and act upon apolications for site nlans and soecial exceotinn use permits within soecified time oeriods, this Local Law suspends and stays the runnine of tinge periods for ~rocessine. review, holding hearines on. makina decisions, and tak- ine action on such aonlicatinns orovided for in those laws and is intended to su oersede and amend any said inconsistent authori!y, -169. A Procedures. a. The Town Board shall have the authority to vary or waive the anvlica lion of any orovlsinn of this Local Law iL in its leelslative discretion, upon igs determination, the variance or waiver is reainred to alleviate an extraordinar,d hardship affectine a parcel of property. 'Fo erant such reuuest, the Town Board must find that a variance or waiver will not adversely affect the ournose of this Local Law. the health, safety or welfare of the Thwn of Southold. or any comnre- hensive olannina efforts beine undertak- en in the Town. The Town Board shall take into account the existine land usg in the inrmediate vicinity of the nrop erin. the ranpe of business opvortuni!ies in the vicinity of the oropertv and !h¢ surroundina hamlet, the rural, cultural historic and business character of the hamlet, and the impact of the variance or waiver on the ooen and recreational space, and transoortafion infrastructure of the Town. The apmicatinn must com- ply with all other aonlicable provisions of the Southold Town Code. b. Any reuuest for a variance or waiv- er shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.001 dollars for the orocessina of such aovlicatinn, alone with coine$ of the site develooment Dian and any relat- ed information reuulsed in accordance with the procedures set forth in Chaetcr 280 of the Southold Town Code. c. All such aoolicatlons shall, within five I5] days of filing with the Town Clerk be referred to the Plannine Board. which shall have ten (10] days folinwing receipt to make a recolnmendation to an- Drove or disanorove a variance or waiver of this Local Law. The aoplicafion and recommendation shall be transmitted !o the Town Board. The Town Board may conduct a public hcarina and make a fi naI decision on the aoplication, with or without conditions. Final avnroval i$ re- served to the absolute [emslative discre tion of the Town Board. IH. 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 unconstitutinn IV. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: July 29, 20fl8 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8951 IT 8/7 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 8EP, 8 2008 Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village ol' Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals re, Recei/~/l~y ' / ' Please print name Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK $outhM~ Town ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department S~gnature, Rece,ved By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: 08 -o%,o% DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVTD AUG 8 2008 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 2008 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net IIECEIV~D 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Iqamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following l,ocal Laws listed below on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suftblk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtowmnorthfork.net ~:~'~= ~'-' ~( :~ ='~" ~?~FICE OF THE TOWN CLERK \~, ~ ~ \ TOWN OF SOUTHOLD '~, .\ August 5, 2008 PLEASE T)M(m~OT~-CE that the Town Board of the Town of Southold has Enacted the following Local Laws listed belo~ on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suffblk Please sign the duplicate of this letter and return to me at your earliest convenience in the sell;addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments CC: Sufi'olk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Toxvn Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED AUG 1 2 2008 SooL~d~l lewn CI~rk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August5,2008 PI.EASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the fbllowing Local Laws listed below on July 29, 2008: Local Law//7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department S i gn at'~re,"R~c~ve d By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suflblk Please sign the duplicate of this letter and return to me at your earliest convenience in the sell-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments CC: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, R~ei~ed print re{me ^UG - 7 2008 Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net August 5, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local l.aws listed below on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications 1hr Building Permits, Site Plans and Special Exception Use Permits Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals RECEIVED Signature, RecEived By -- Please print name AUG 1 1 2008 Date: ~/0~ - ' ' $outhdd Town ~:lelk Title :'~-'t...m~ ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK g',1 :ti ,,, ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on July 29, 2008: Local La~v #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments CC: Suftblk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals R[CEIV[D S~gnature, Received By Date: 2008 Please print name Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 5, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following l,ocal Laws listed below on July 29, 2008: Local Law #7 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold Local Law # 8 A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the sell-addressed envelope. Thank you. Elizabeth A. Neville To~vn Clerk Attachments Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received By Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE August 25, 2008 THOMAS ISLES, AICP DIRECTOR OF PLANNING RECEIVED Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 SEP - 2 2008 Southold Town Clerk Re: Amendment Section 330-301,330-302(A), 33-304 & 330-305(D) (Wireless Communications Transmission Support Structures and Antennas) SCPC File No.: SD-08-15 Dear Ms. Neville: Pursuant to Sections A 14-21 of the Suffolk County Administrative Code, the Suffolk County Planning Commission has notified the neighboring town(s) and/or village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Thomas Isles Chief Planner APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 11788-0099 TELECOPIER (631) 853-4044 ~m.~, USAirbill ,,:x,~; 8619 6235 7313 Express ,.mb.. Accent Number SenNer's E L I ~. A 8 E TH NEVI LL E 10~7--7029--8 ' )765-1800 TOWN OF SOUTHOLD 53095 ROUTE 25 Address SOUTHOLD NY 11971-4&42 2 Your Internal Billing Reference 3 To Recipient's · Name --L~ ~t~&~---L~,.~- . Phone) ) 035~8~758 4a Express Package Service ~x Pti or~y ._~.e~night FedEx Standard Ovemight 4b ~ Freight Sewice [] ~N~b~lOaL~e~# ~ se~o~2?~r~,~Fe~Ex2DayFrei ht [~ ~l~d~a~3DaLF~_ight 7 Paj~aent Recipient [] ~irdParty [] CredRCard [] gash/Check 8 Residential Delivery Signature Options ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork~net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 16 2008 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 7 & 8 of 2008 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, 1 am enclosing herewith certified copies of Local Law Number 7 & 8 of 2008 of the Town of Southold, suitable for filing in your office. 1 would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Enclosures Very truly yours, Lynda M Bohn Southold Deputy Town Clerk cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE Sr REE'I ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rq County tn City [] Town of ~l Village SOUTHOLD Local Law No. 7 of the year 2008. A Local Law entitled, "Temporar~ Moratorium on the Processing~ Review ofT and making Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". Be it enacted the Town Board of the: [21 County rn City [] Town of [] Village SOUTHOLD 1. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) On July 31, 2007, the Town of Southold adopted a I80-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the report and recommendations of the consultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. Thc Town Board and the Planning staff will require additional time to review the draft recommendations, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be accomplished with an additional one hundred and eighty (180) day extension of the moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as tbllows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local La~v adopted by the Town Board during the One Hundred Eighty (180) Day period: 1) The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law {}274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of $outhold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in {}280-4 of the Code of the Town of Southold. {}280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits tbr WIRELESS COMMUNICATION FACILITIES in the Town of Southold. {}280-167. Exclusions. This Local Law shall not apply to: 1 ) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and Authority to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10( 1 )(ii)(d)(3); § 10( 1 )(ii)(a)(14) and {}22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law {}274-a, {}274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business Oopportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of 3 the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee ol' two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. 111. SEVERABIL1TY 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto, designated as local law No. 7 of 20 08 . of the (Czxr. ty)(C!~j')(Town) (V~l~agc) of SOUTHOLD was duly passed by the TOWN BOARD on July 29 ,20 08 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitled O to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village). of was duly passed by the on 20__ , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submilted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. any other authorized form of final adoption has been followed, please provide an appropriate certification.) O (Seal) I fnrther certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. C~]~'~k o~e County legistatice bod:. di~.:~wn or Village Clerk or officer designated by I~al legislative body Elizabeth A. Neville, Town Clerk Date: July 30, 2008 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK icia A. Finnegan, E q.,~T~.dw Ah~rney Kieran Corcoran~ Esq.~ Assistant Town Attorney Title City Town of Date: SOUTHOLD July 30, 2008 Southold Town Board - Letter Board Meeting of July 29, 2008 RESOLUTION 2008-746 ADOPTED Item # DOC ID: 4127 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-746 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of July, 2008, a Local Law entitled, "Temporary. Moratorium on the Processing~ Review oh and making Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold"~ and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons xvere given an opportunity to be heard, now therefor be it RESOLVED that the Tow Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "Temporary Moratorium on the Processing~ Review oL and making Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" which reads as follows: LOCAL LAW NO. 7 of 2008 A Local Law entitled, "Temporary Moratorium on the Processing~ Review oft and makinF Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE ANDINTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the To*vn, including already constructed cell Generated July 30, 2008 Page 52 Southold Town Board - Letter Board Meeting of July 29, 2008 towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The To~vn Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the report and recommendations of the consultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommendations, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be accomplished with an additional one hundred and eighty (180) day extension of the moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to Generated July 30, 2008 Page 53 Southold Toxvn Board - Letter Board Meeting of July 29, 2008 any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: l) The Planning Board shall not accept for reviexv, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. The Building Inspector shall not accept for review, continue revie~v or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processine, reviewing and the rendering of determinations. The statutotw and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. §280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. Generated July 30, 2008 Page 54 Southold Town Board - Letter Board Meeting of July 29, 2008 §280-167. Exclusions. This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and Authority to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law §10(l)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. Generated July 30, 2008 Page 55 Southold Town Board - Letter Board Meeting of July 29, 2008 c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO 1] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES.' Vincent Orlando, Albert Krupski Jr., Louisa P. Evans, Scott Russell NAYS:Thomas H. Wickham ABSENT: William Ruland Generated July 30, 2008 Page 56 Southold Town Board - Letter Board Meeting of July 29, 2008 RESOLUTION 2008-741 ADOPTED Item # DOC ID: 4125 THIS IS TO CERTIFY THAT THE FOLLOV~ING RESOLUTION NO. 2008-741 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "Temporar~ Moratorium on the Processing~ Review of~ and makinI~' Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: ThomasH. Wickham, Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland Generated July 30, 2008 Page 46 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southo]dtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffblk ettachments CC: Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport To~vn of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Title: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 RECEIVED JUL 21 2008 South0Id Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on thc proposed Local Laws listed below on July 29, 2008: Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of thc Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk CC~ Suflblk County Department of Planning Village of (}recnport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department atur~,-Rec;~'~l/By ' .7 ' - - se prin[ n-a.~J '' Long Island State Park Commission Town of Shelter Island '['own of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTP-_~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 I LEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PL/BLIC HEARINGS on thc proposed Local La~s listed below on July 29, 2008: '1 cmporary Moratorium on the Processing, Review ot; and making Decisions on applications Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the To~vn of Southold 4:45 pm A Local l.axx in relation to Parking Restrictions in the Hamlet o/'Nex~ Suftblk Please sign the duplicate of this letter and return to me at )'our earliest convenience in the scllZaddrcsscd envelope. I'hank you. Otachments cc: Suflblk County Department of Planning Village of Greenport ~3'tT{Iii'old Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Comnaission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals S I g n ~. ~dfcce~ vet"0'~x Please print name Date:__ Title: ~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July I4, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: O4.'35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to '~ne at your earliest convenience in the self-addressed envelope. Thank you. OAttachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: 4:35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to lnclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local ][,aw in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. OAttachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Soulhold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Receive~v~ Please print name Date: Title: ~__~'~~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED JUL 21 2008 $ou~hold To~vn Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: 4:35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~ccttachments : Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Recei(~d By d - Please print name] Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on thc proposed Local Laws listed below on July 29, 2008: Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk ettachments Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on July 29, 2008: Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk {~ttachments CC: Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signat(ure, Received By 141uco.n Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Date: Title: ELIZABETH A. NEVIIJ,I~. TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on thc proposed Local Laws listed below on July 29, 2008: 4:35 pm Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold 4:40 pm A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold 4:45 pm A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. 'fhank you. t~ttachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, R~c"~i~ed By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: JUL ! 5 2008 BOARD OF APPEALS DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIYED AUG 4 2008 Soutl~ol~l l'ow~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 28, 2008 THOMAS ISLES, AICP DIRECTOR OF pLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Applicant: Zoning Action: Public Hearing Date: SCPC File No.: Town of Southold "Temporary Moratorium on the processing, reviewing of, and making decisions on the application for building permits, site plans and special exception use permits for wireless communication facilities" 7/29/08/Reso. #650 SD-07-06 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG, - 4TH FLOOR P.O. BOX 6100 · (631 ) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 07/29/~00~ ~6~6 00000000 V~ ~/~ MUNLEY, MEADE, NIELSEN & RI~ ATTORNEYS AT LAW 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631)425-4104 RECEIVED dUE 2 9 2008 Southold Town Cleft July 29, 2008 Scott A. Russell, Supervisor Tom of Southold 53095 Route 25 P.O. Box 1179 Soutbold, NY 11971 Public Hearing Pursuant to Resolution 2008-649, Proposed Extension of Moratorium Affecting Wireless Communications Facilities Dear Supervisor Russel: Our office represents New Cingular Wireless PCS, LLC (Cingular) with respect to zomng and land use issues in the Tow~a of Southold. We ask that this letter, and Cingular's opposition to the proposed extension, be made part of the public record. The moratorium has been in effect for almost one year and further extension would result in significant harm to Cingular's ability to provide reliable setv/ce to its customers in the Town of Southhold. Moreover, as detailed below, further extension of the moratorium would violate the Telecommunications Act of 1996~ by creat~g an unreasonable delay and having the effect of prol~biting servSce. Cingular's inability to provide reliable coverage to its customers in the Town may have serious ramifications for the Town's residents and visitors, particularly dmsng times of emergency, The serv/ces provided by Cingular represent an important part of the national telecommunications infrastructure and are offered to all persons who require advanced digital wireless cornm.unications services, including local businesses, public safety entities, and the general public. Accordingly, Cmgular is afforded the status ora public utility for zoning and land use purposes under the laws of the State of New York. See e.g., Cellular Telephone Company y, Rosenberg, 82 N.Y.2d 364 (1993); Cellular. Telet~hone Company v. Meyer, 206 A.D.2d 743 (2~a Dept. 1994). I Pl~b. I_. No. 104-104, 110 Stat. 56 (1996). · 07/29/2008 '16:36 00000006 PA~L UZ/BZ The Telecommunications Act of 19962 (hereafter "TCA") established a national public policy in favor of encouraging rapid deployment of new telecommunications technologies. The TCA built upon federal regulatory framework that was designed to "foster the growth and development of mobile services that, by their nature, operate without regard to state lines as an integral part of the national telecommunications infrastructure.''~ The TCA was enacted in part "to make available, so far as possible, to all the people of the United States... a rapid, efficient, Nation-w/de and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communication .... ,4 Indeed, the FCC requires that Cingular, as a provider of wireless services, timely complete the construction and build-out of its wireless network and fill coverage gaps in its federally- licensed service area, including the Town of Southold. To achieve these objectives, the TCA includes express limitations on the authority of local governments. For example, local governments shall not unreasonably discriminate among providers, shall not prohibit or have the effect of prohibiting the provision of personal wireless services, and shall not regulate facilities on the basis ofradiofrequency emissions to the extent that a facility complies with FCC regulations. In addition, a local government "shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time The proposed moratorium further delays the: "Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless CommUmcation Facilities in the Town of Southold". This continued prohibition on processing applications will result in unreasonable delays and have the effect of prohibiting Cingular from providing reliable service to its customers. Accordingly, Cingular respectfully requests that the moratorium concerning wireless telecommunications applications not be further extended. Very truly yours, M~EY, MEADE, NIELSEN & RE "~JCacalyn R Patrieia Finnegan, Town Attorney Town of Southold 54375 Rte 25 P.O. Box 1179 Southold, NY 11971 Pub, L, No. 104-104, 110 Stat. 56 (1996), H R. Rep. No. 103-i 1 I, 103d Congr., 1'~ Sess. 260 (1993) (emphasis added), 47 U.S.C. 151 47 U.S.C.332(c)(7)(B). PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, N-Y Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: cci From: Date: Re: Scott Russell, Town Supervisor, and Town Board Members Elizabeth Neville, Town Clerk Jerilyn Woodhouse, Planning Board Chairperson July 28, 2008 Wireless Communication Facilities Moratorium extension Resolution No.650 Thank you for your request for comments from the Planning Board regarding the proposed extension of the wireless communication facilities moratorium. We support the extension of the moratorium to allow the Town adequate time to prepare and plan for wireless facilities that are compatible with the character of Southold. The Town has been working steadily towards completing a wireless communications plan. To that end, the Town Planning Director has been in regular contact with Walter Cooper, the wireless communications consultant hired to work on the plan. Mr. Cooper has reviewed the Town Code relative to wireless facilities and drafted changes, has gathered the necessary information to determine the current wireless coverage and make recommendations on future coverage, and is drafting planning guidelines for wireless facilities. #8903 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 10th day of July, 2008. '"'Principal Clerk Sworn to before me this ~ , ~ 200 ¢IOIAR¥ PUBLIO'$1'A~E OF NEW yORK NO. 01.¥O6105050 Quoll'Bed in SuffOlk county LEGAL NOTICE NOIICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to thc Town Board of the Town el Soathol& SuHolk Counlv, New York, on tile I st day of July, 2008,~1 Loc,d Law enbtled. 2Temporary Mora- torium on the Proeessin,. Review of, the *Southold Town Hall. 53095 Mai~ sions on apolications for Buildino Per- ~mlis. Site Plans and Snecial Exceufion lion Facilities in the Town of Southold" LOCAL LAW NO. _ __ of 2008 of. and rnakine Decisions od annlica~ and the long-range goals of the Town (as On July 31, 2007. thc Town of Southold adopted a 180-day morato- facilities. The Town Board intended to use the time to formulate a comprehen sire plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively lneet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. TJne Director solicited pro- posals from several wireless consultants to assist the Town with the aforemen tioned plan. qYhe Town Board retained one of the consultants to work with thc Town. In January 2008. the Town Board extended the moratorium an additional 180 days. It was ant{cipated that the rc port and recommendations of the con sufiant would be finalized in the Spring, however the Town presently has only a dralt that includes recommendations on code amendments. ~he Town Board and the Planning staff will require additional time to review the draft recommenda- tions, hold a public hearing on proposed Law It is anticipated that this can be ac complished with an additional one hun dred an~l eighty (180) da~ extension of the tnoratorium. The Town Board finds it reasonable and in the public interest to extend the moratornnn period for one additional one hundred and eighty 180) days bc yond the expiration period. This will pro- vide the Town adequate time to examine IL A new Article XXX of Chaptcl 280 o1' the Code of the 'Ibwn of Southold ARTICLE XXX ~80-16g. Enactment of TemnoraO, Moratorium~ Fc__~r a period of One Ilundred Eigh v LlglB Days followin~ the effective of this Local Law after which date~ !hi~s Local Law shall 10pse and bc wiIJlou further force and effect and subject to any ethel Local Law adooted by the Town Board durilm the One Hundred ~EiEhtv (Ig(B Day ocriod: 1) Thc Planning Board shall not ac- cept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FA- CILITY, whether submitted prior to or after the effective date of this law. and shall not be subject to the time periods specified in Town Law §274-a and Ar- ticle XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing~ holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2)Th~Zonin Boar orA ealsshall hold a hearin~ on. continue a hearin~ or 3) The Buildin~ Inspector shall not accept for review, continue review or make any determination uoon any ap olication for a buildin~ oemfit droves- FACILITY. whether submitted drier to or after the effective date of this law. and shall not be subject to the time oeriods soecified in Town Law ~274-a. Chaoter 280 and Article XXV of the Soutl~old Town Code.includin e without limitation, orovisions relatin~ to the processln~, re viewin~ and the renderin~ of determine tions. The statutory and locally-enacted time oeriods for orocessin~ and making determinafions on all asoects of said buildin~ oermit ao~lications are sus- derided and staved while this Local L,~w is in effect. All terms used in this Local Law are as defined in ~2g0-4 of the Code of the Town of Southold_, §280-166. AuulicaQon. This Local Law shall aoolv to ALI. [new or oendinal avplicati{}ns for site plans or special cxceotion use oermits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. §280-167. Exclusions. This LocalLaw slTall not a I to: 1) Site ~lans for which final or con ditional final approval was _eranted by the Plannin~ Board ~rior to thc effective date of this Local Law~ 2] AB~lications for coqocation of wireless telecommunication facilities inside a oermitted tower, with no comoonent darts visible from the exte- rior. §280-168. Conflict with State Statutes and Authorlt~ to Suoerse0~. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provi- sions of New York State Town Law. th~s_ Local Law supersedes, amends and take~ Precedence over NYS Town Law Otlrsu- ant to the Town's municioal home rule oowers, oursuanI to MuniciPal Hen? Rule Law §10(ll(ii](d}(31: §1fl(Il/iii(al {141 and ~22 to supersede any inconsis tent authority, In ~ar ticular, to the extent and deEree any vrovlsions of this Local Law are construed as heine inconsistent with OLgvisions of Town Law ~74 a. §274 b and the provisions and rcouiremep{~ set forth in Chapter 28{) of the Southo~ Town Code. which require that the Plan- ning Board or Zonin~ Bored of Aooeal~ Eroccss. review, hold hearings oo, and Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 2008 Re: Reso. No. 650 Proposed Local Law in relation to "Temporary Moratorium on the Processing, Review of, and making decisions on the application for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities" in the Town of Southold Andy Freleng Suffolk County Department of Planning PO Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on July 1,, 2008 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward them to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Department for their review. The date and time for the public heating is 4:35 PM, Tuesday, July 29, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14,2008 Re: Resolution No. 650 Proposed Local Law in relation to "Temporary Moratorium on the Processing, Review of, and making decisions on applications for Building Permits, Site Plans, and Special Exception Use Permits for Wireless Communication Facilities" in the Town of Southold Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on July 1, 2008 adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearing is 4:35PM, Tuesday, July 29, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney Southold Town Board - Letter Board Meetin~g of July 1,2008 RESOLUTION 2008-650 ADOPTED Item # DOC ID: 4032 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-650 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled~ "Temporary Moratorium on the Processing~ Revie~v oft and making Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold""~ to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. Elizabeth A. Neville Southold Town Clerk Rt:$1.JLT: ADOPTED [~5 TO 1] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Evans, Russell NAYS:Thomas H. Wickham Generated July 2, 2008 Page 35 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of July, 2008, a Local Law entitled, "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold", AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road, Southold, New York, on the 29th day of July, 2008, at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. of 2008 A Local Law entitled, "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold'. BE 1T ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent contlict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to foImulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the report and recommendations of the consultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommendations, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be accomplished with an additional one hundred and eighty (180) day extension of the moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. 11. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subiect to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: 1) The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan 2) 3) containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subiect to the time periods specified in Town Law {274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subiect to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law {274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally-enacted time periods for processing and making determinations on ali aspects of said building permit applications are suspended and staved while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. §280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. §280-167. Exclusions. This Local Law shall not apply to: _1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and Authority to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning eftbrts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediale vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: July 1, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JULY 10t 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suflblk Times TC's Bulletin Board ZBA Town Board Members Planning Board Trustees Town Attorney Building Department STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ q-ru day of ~"13 lu ,2008, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Cell Tower Moratorium 7/29/08 at 4:35 pm d~lizabeth A. Neville Southold Town Clerk Sworn before me this day of Tu l~t ,2008. N3tar-y P~blic - LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 {~ualifJed in Suffolk County Term Expires March 8, 20 .L~ Southold Town Board - Letter Board Meeting of July 1, 2008 RESOLUTION 2008-649 ADOPTED Item # DOC ID: 4031 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-649 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 1st day of July, 2008, a Local Law entitled, "Temporary. Moratorium on the ProcessingT Review ofT and making Decisions on applications for Building PermitsT Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 29th day of July, 2008, at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "Temporar~ Moratorium on the ProcessingT Review ofT and making Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. of 2008 A Local Law entitled, "Temporary. Moratorium on the ProcessingT Review ofT and makinF Decisions on applications for Building Permits~ Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: Generated July 2, 2008 Page 29 Southold Town Board - Letter Board Meeting of July I, 2008 I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the report and recommendations of the consultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommendations, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be accomplished with an additional one hundred and eighty (180) day extension of the moratorium. Generated July 2, 2008 Page 30 Southold Town Board - Letter Board Meeting of July 1, 2008 inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and Authori ,ty to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law ~10(1)(ii)(d)(3); §10(l)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required Generated July 2, 2008 Page 33 Southold Town Board - Letter Board Meeting of July 1, 2008 in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The To~vn Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 1] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Evans, Russell NAYS:Thomas H. Wickham Generated July 2, 2008 Page 34 Southold Town Board - Letter Board Meeting of July I, 2008 The To~vn Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (l 80) days beyond the expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary, Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Toxvn Board during the One Hundred Eighty (180) Day period: 1) The Planning Board shall not accept for revie~v, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for revie~v, continue review, hold a hearing on, continue a hearing or make any decision upon any Generated July 2, 2008 Page 31 Southold Town Board - Letter Board Meeting of July 1, 2008 3) application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specitied in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. ~280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. ,~280-167. Exclusions. This Local Law shall not apply to: _1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities Generated July 2, 2008 Page 32