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Home My WebLink About1000-15.-9-8 (2) PLANNING BOARD MEMBER~ KENNETH L. EDWARDS MAP. TIN H. SIDOR JOSEPH L TOWNSEND To; PLANNING BOARD OFFICE TOWN OF SOUTHOLD Jcrilyn Woodhouse, Chair Town of Southold Pla:m~ing Board Ruth Oliva, Chair ¥/ Town of Southold Zoning Board of Appeals Jim King, President Town of Southold Board of Trustees From: Mark TesTy, LWRP Coordinator Senior Enviromnental Planner Date: Octobei 30, 2006 RECEIVED MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 OCT 3 0 2OO6 [ONING 80ARD OF APPEALS Re: Proposed Site Plan for Cingola~ Wireless / MGH Entelprises Located approximately 537' e/o Cedar Birch Ln. on the / , · s/s o Nex~ x, ork State 25 in Orient SCTMfi: 1000-15-9 8 Zone: Marine I1 (MI1) This site plan is fer new construction of a 100' monopole cellular communicatim~ tower with Cingular locating antennas at 97'-0" and 87'-0" internally mounted m the tower, tile site includes all existing boat marina and restaurant on 4.7 acres parcel m tbe MII Zoning District located approximately 537' e/o Cedar Birch Lane on tbe s/sq~ New Yo k State 25 in Orient. SCTMfl(s) t000-15-9-8 Tile proposed action has been reviewed to Chapter 268, Waterfl'out Consistency Review of the Town of Southold Town Code and tile Local Waterfront Revilalizalien Program (LWRP) Policy Standards. Based upon the information provided on file LWRP Consistency Assessment Fox'm submitted to this deparm~ent as well as the records available to me, it is my determination that tile proposed actiou is INCONSISTENT with the following Policy Standards aud therefore is INCONSISTENT with tbe LWRP. Policy 3. Enbauce visual qualily aud protect scenic resources throughout the Town of Southold. Policy Staudards 3.1 Enhance visual quality and protecl sceuic resources tllroughout the Town of Southold. A. Minimize introduction of structural desigu componeets (iucluding utility lines, lighting, signage aed fenciug) which would be discordant with existing natural scenic components and character. J. Protect visual quality associate( with public laeds, iucludieg public trausportatioe routes, public parks and public trust hinds and waters. 2. Limil alteration of shorelioe elements wlfich contribute to scenic quality. The proposal also revolves tile oe~ construction of a 400 sq ft. commuuication compound with a 100' flag pole type monopole. A 12' chain link feoce woold enclose file communication compound. Twenty-two, 14' high, .]unz~;eru~ virginiana ale proposed lo hc inslalled to screen tile compound. The property is located south of a designated New Yo~k S ate Scenic Byway The property is also located w/o and adiacent to Orient Point State Park. The flag type monopole cell tower will impact the scenic quality of the area. The height of the flagpole in relation to surrounding structures and the "natural scenic components" is discordant with the area. Mitigation proposed by the applicant to reduce visual impacts include installing a flag pole type ~nonopole, painting the monopole white and the installation of twenty-two, 14' Juniperus virginiana. If the action is approved by the reviewing Boards the following is reconm~ended to further Policy 3. 1. Require that the cmrnnunication compound and monopole be relocated north and adjacent to existinp~ buildings on site. The relocation of the compound would filrther cluster the development on the parcel and use existing development to screen portions of the proposed conununication compouod and monopole~ 2. Require a five ,/ear survival reqnirement and a replacement protocol for all planted veeetation osed to screen the communicatiou compound.. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A £?omply with statutory and regulatory requirements of the Southold To*en Board of Trustees la~vs' arid regulations for all Andros' Patent and other lands under their jurisdiction. Comply with T~x:stee regulations and reconmmndations as set forth in Trustee permit conditions. Tile proposed setback from the monopole to the bulkhead (south of the proposed monopole) is 65.10 feet; a minimom setback of 100 feet is required pursuant to Chapter 275 of the Toxvn of Southold Toxxm Code. Please require that the aAsplicant amend tile application to meet the above policy to the greatest extent possible~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Pohc,, Standards 10.1 (a) Protect existing water-dependent uses. The term ~$:ater dependent use means a business or other activity which can only be condocted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as ail integral part of such activity, the use of the xvater. Existing uses shonld be lnaintained and enhanced where possible and appropriate. 10.1 (b) Improve the economic viability of water-dependent uses by allowing for non-water dependent accessory and multiple uses, particularly water enhanced and marifime support services where sufficient upland exists. The term n,ater-enhanced use nreans a use or activity which does not require a location adjacent to coastal waters, bot whose location on the waterfront adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily recreational, cultural, retail, or entelntaimnent in natme. These uses may be necessary for the snccessfid financial operation and viability of water- dcT~'ndent uses. _Tile proposal located in the Marine 1I zoning district. The proposed use is neither a water dependent usc or a water enEanccd use and therefore is inconsistent with the above Policy 10 and Sub-policies. Cc: Bruno Senlon, Senior Site Plan Reviewer File Ao LWRP CONSISTENCY ASSESSMENT FORM ~.~ F//~,~ INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town Of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits andother ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C,the preparer of this form should review the exempt min0racti0nlist, p01iciesand explanations of each policy contained in the Town 0fS0uth01d Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or no" then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 15 9 8 PROJECT NAME Special Exception and Variance Application for New Cingular Wireless PCS, LLC The Application has been submitted to (check appropriate response): Town Board ~] Planning Board ~'] Building Dept. I. Category of Town of Southold agency action (c~edI~ appi6pif'ate response): - (a) Action mde~en directly by To~ agenc3 cons~ction, pl~ng act~w~, agency regc ~, l~d tr~sactmn) Fin~cial assist~ce (e.g. gr~t, 1o~, subsk (c) Pe~t, approval, licetise, certification: Nature and extent of action: ~e proposal action involves ~e cons~ction of a "flag.lc" monopole, which would have ~e ~as of New C~I~ Wireless PCS, LLC concealed within. The proposed monopole would extend t~ a height of 100~-fcet above grade level ("agl"). In addition, proposed ground-based equipment would be placed on an elevated steel platform and would extend to a height of 11-feet-2-inches agl. This equipment would be surrounded by a six-foot agl chain link fence with a four-foot agl Iockable gate. Location of action: Orient by the Sea Restaurant, Main Road, Orient Site acreage:~.009:~ acres (represents proposed equipment area only). Present land use: commercial Present zoning classification: Marine II (MID If an application for the proposed action has been filed with tl~e Town of Southold agency, the following information shall be provided: (a) Name of applicant: New Cingular Wireless PCS, LLC (b) Mailing address: 333 Crossways Park Drive Woodbury, New York 11797 (c) Telephone number: Area Code ()(516) 677-6503 (d) Application number, if any: unknown Will the action be directly undertaken, require funding, or approval by a state or federal agency? New York State Deparmaent of Environmental Conservation Yes [~ No['--] If yes, which state or federal agency?(Tidal Wetlands Permit) C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. RYes ~ No ~ Not Applicable The proposed flagpole would be situated on previously disturbed land and would be constructed on a portion of the property that is currently unvegetated. Moreover, the flagpole would occupy minimal space and would conceal the antennas within the pole. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No ~ Not Applicable Although the subject property is located in an archaeologically sensitive zone, the proposed action consists of the disturbance of 0.009± acre which is part of a parcel of land that has already been developed to accomodate a restaurant and marina. Moreover, the design of the proposed facility, such that the antennas would be concealed within a flagpole, would help mitigate any potential visual impacts. Furthermore, review of all available data did not identify any historic resources proximate to the proposed facility location. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes [~ No ['-] Not Applicable The proposed facility has been designed such that the antennas would be concealed within a flagpole to be situated on the property of the Orient by the Sea Restaurant. As such, although the proposed flagpole would be visible from the surrounding area, it would be harmonious with the surrounding development. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~] Yes [~ No [~ Not Applicable The proposed area of disturbance is only 0.009± acre. As such, there would be minimal disturbance on the site. Moreover, the proposed facility would be unmanned. The ground-based equipment would be situated on a steel platform, which would not result in an increase to impervious area. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes ~] No [~] Not Applicable As the proposed facility would be unmanned, it would not require potable water nor would any sewage or solid waste be generated. Thus, there would be no benefits or impacts to water quality or quantity. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes {~ No [~] Not Applicable As the propoaed facili~ w ould disturb a minimal amount of unvegetated land, it is anticipated that there would be no significant adverse impacts to any ecosystems. M oreover, an application to the New York State Department of Environmental Conservation will be made for a Tidal Wetlands perm it. Aa such, the applicant w0uld c0mply with any conditions imposed by such agency. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes ~] No [~] Not Applicable As the proposed facility would be unmanned and would require minimal vehicular trips, there would be no significant adverse impacts to the air quality of the surrounding area. Moreover, the proposed equipment consists of fan-cooled equipment cabinets th'at do not contain any refrigerants. Thus, there would be no impacts associated with such chemicals. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~]Yes ~] Noir] Not Applicable The proposed action involves the conslruction of an unmanned facility, thus no solid waste, hazardous substances or other wastes would be generated. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [--']Yes~] No [~ Not Applicable As the proposed facility would occupy a minimal amount of land that is undeveloped and on a portion of the subject properly that is not utilized, it would have no impact on public access to or recreational use of, coastal water, public lands and public resources. Attach additional sheets if necessary WORKING COAST POLICIES P$1icy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies- Pages 47 through 56 for evaluation criteria. [~ Yes ~] lklo [~ Not Applicable As the proposed action is a public utility communications facility it would not directly protect or promote the siting of water-dependent resources. However, in accordance with the applicant's FCC license, reliable wireless service would be provided to the area. Thus, while not directly impacting water-dependent uses, existing and future water-dependent uses would benefit as communication for general and emergency situations would be enhanced. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~]Yes [---] No [~ Not Applicable As the proposed facility would be unmanned, and is unrelated to marine resources, it would neither benefit nor impact same. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [~] No [~ Not Applicable The proposed action would have no impact on agricultural lands in the Town as the proposed facility would be situated on the previously disturbed property of the Orient by the Sea Restaurant and marina. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [X~Yes ["-] No Not Applicable The proposed project would use minimal electricity and would be unmanned, therefore, the effect on energy and mineral resources wouk be minimal. PREPARED BY Gi~ny Wan'al Amended on 8/1/0.5 TITLEVice President, Planninl~ DATEApri114, 2006 · ' ' ~EW TELCO CONDU~T TRENCHED UNDERGROUND FROM EXISTING UTILR~( ~ POLE #35 TO NEW CSC CABINET AT ~ SOUTHWEST CORNER OF PROPER~~( -- EXISTING UTILI~K POLE #35 WITH OVERHEAD UTILITY LINES EXISTING TRANSFORMER, METER AND DISCONNECT LOCATION OF NEW CINGULAR ELECTRIC METER AND DISCONNECT EXISTING STORAGE BUILDING NEW ELECTRIC AND TELCO CONDUITS TRENCHED UNDERGROUND FROM EXISTING TRANSFORMER TO NEW ClNGULAR ELECTRIC AND TELCO PANELS MOUNTED ON NEW CINGULAR EQUIPMENT PLATFORM EXISTING WOOD RETAiNiNG WALL NEW 12' O" HIGH ARBORWTIES NEW CINGULAR EQUIPMENT CABINETS MOUNTED ON NEW ELEVATED GALVANIZED STEEL PLATFORM -- EXISTING VEGETATION TRAILER AND BOATS TO BE CLEARED PRIOR TO START OF CONSTRUCTION NEW CINGULAR COAXIAL ANTENNA CABLES TRENCHED UNDERGROUND FROM NEW ClNQULAR EQUIPMENT TO NEW RF COMPATIBLE NEW ClNGULAR 100'-0" HIGH RF COMPATIBLE FLAGPOLE AND ANTENNAS SITE PLAN EX,ST~NG SHOREUNE ~- EXISTING PROPERLY( OWNED BY ORIENT POINT STATE PARK~ PAVED PARKING EXISTING " VEGETATION MARINA GARDNERS BAY EXISTING BI)AT LAUNCH RAMP DASHED LINE REPRESENTS EXISTING BUO(HEAD EXISTING BAh' ENTRANCE / / WILLIAM F. COLLINS, AIA A R C H I T E C T S, LLP ORIENT BY THE SEA RETAURANT NYCENY1059 / LI- 1059 ¢0200 MAIN RD ORIENT POINT, N.Y. 11957 4 cingwURLa NEW CINGULAR WIRELESS PCS, LLC. 5 2 EXISTING WATER WELL LINE PROPER]h' LINE, ~'P RESTAURANT AND MARINE FUELING STATION CONTRACTOR IS TO RESTORE ANY AREA WHICH IS AFFECTED BY THE INSTALLATION OF ANY iTEMS AND EQUIPMENT WITHIN THIS SCOPE OF WORN. NOTE: CONTRACTOR TO PROVIDE SITE SPECIFIC SIGNAGE IN ACCORDANCE WITH CINGULAR PROdECT TECHNICAL SPECIFICATION FOR SiTE SIGNAGE DOCUMENT NO. 24897-011-O00-SPS-AO02 -000 lS. NOTE: ALL TRENCHES TO BE HAND EXCAVATED AND BACKFILLED TO ENSURE THAT EXISTING UNDERGROUND UTILITIES ARE NOT DISTURBED. MAKE ALL PVC JOINTS WATERTIGHT. TEST PRIOR ~^CKFILLING. NOTE: THE CONSTRUCTION AND PLACEMENT OF THE FAC]UTY WILL NOT INTERFERE WITH PUBLIC SAFE~ COMMUNICATIONS AND THE USUAL AND CUSTOMARY TRANSMISSION OR RECEPTION OF RADIO, TELEVISION OR OTHER COMMUNICATIONS SERVICES OR WITH ELECTRICAL TRANSMISSION LINES NOTE: DRAWING DEPICTS THE INSTALLATION OF NEW ANTENNAS, CABLING ETC. THAT ARE TO BE MOUNTED WITHIN THE NEW FLAGPOLE STRUCTURE. A CONCRETE FOUNDATION IS TO BE DESIGNED BY A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER, SIGNED AND SEALEQ DOCUMENTATION FOR THIS WORK SHALL BE FILED BY OTHERS. NOTE: IF THIS SHEET TO :INGULAR WIRELESS PCS, LLC. SITE PLAN OFN:$~VIISO.02] D~ ~2 X 34 '~' ~ZE --EXISTING UTILll~ POLE #56 WITH OVERHEAD UTILITY LINES NEW TELCO CONDUIT TRENCHED UNDERGROUND FROM EXISTING UTILITY POLE #35 TO NEW CSC CABINE~ AT SOUTHWEST CORNER OF PROPERTY EXISTING TRANSFORMER, METER AND DISCONNECT LOCATION OF NEW CINGULAR ELECTRIC METER AND DISCONNECT EXISTING STORAGE BUILDING NEW ELECTRIC AND TELCO CONDUITS TRENCHED UNDERGROUND FROM EXISTING TRANSFORMER TO NEW CINGULAR ELECTRIC AND TELCO PANELS MOUNTED ON NEW CINGULAR EQUIPMENT PLATFORM EXISTING WOOD RETAINING WALL NEW 12'-0" HIGH ARBORVITIES NIGRA @ 5'-0" O.C., TYP. OF NEW CINGULAR EQUIPMENT CABINETS MOUNTED ON NEW ELEVATED GALVANIZED STEEL PLATFORM EXISTING VEGETATION TRAILER AND BOATS TO BE CLEARED PRIOR TO START OF CONSTRUCTION NEW ClNGULAR COAXIAL ANTENNA CABLES TRENCHED UNDERGROUND FROM NEW CINGULAR EQUIPMENT TO NEW RF COMPATIBLE FLAGPOLE NEW CINGULAR 100'-0" HIGH RF COMPATIBLE FLAGPOLE AND ANTENNAS SITE PLAN EXISTING SHORELINE SCALE: I'=4O'-O' ~_ - EXISTING EXISTING PROPERTY PAVED OWNED BY ORIENT PARKING POINT STATE PARK7 OF xx EXISTING VEGETATION % % % % GARDNERS BAY '~ ~EXISTINB MARINA EXISTING BOAT LAUNCH RAMP DASHED LINE REPRESENTS EXISTING BUJ. KHEAD EX~STING EM ENTRANCE ami WILLIAM F. COLLINS, AIA A R C H I T E C T S, LLP ORIENT BY THE SEA RETAURANT NYCENY1059 / LI- 1059 ¢0200 MAIN RD ORIENT POINT, N~Y. }1957 4 Xcing !? r NEW CINGUb~R NIRELESS PCS. LLC. / 3 MARINA / / 2 NOTE: ~O THIS SHEET --EXISTING WATER WELL LINE PROPERTY LINE, l~P. ~ RESTAURANT AND MARINE FUELING STATION CONTRACTOR IS TO RESTORE ANY AREA WHICH IS AFFECTED BY THE ~NSTALLATION OF ANY ITEMS AND EQUIPMENT WITHIN THIS SCOPE OF WORK. NOT~; CONTRACTOR TO PROVIDE SITE SPECIFIC SIGNAGE IA ACCORDANCE WITH CINGULAR PROdECT TECHNICAL SPECIFICATION FOR SITE SIGNAGE DOCUMENT NO. NOTE: ALL TRENCHES TO BE HAND EXCAVATED AND BACKFILLED TO ENSURE THAT EXISTING UNDERGROUND UTILITIES ARE NOT DISTURBED. MAKE ALL PVC JOINTS WATERTIGHT. TEST PRIOR TO BACKFILLING. NOTE: THE CONSTRUCTION AND PLACEMENT OF THE FACILITY WILL NOT INTERFERE WITH PUBLIC SAFETY COMMUNICATIONS AND THE USUAL AND CUSTOMARY TRANSMISSION OR RECEPTION OF RADIO, TELEVISION OR OTHER COMMUNICATIONS SERVICES OR WITH ELECTRICAL TRANSMISSION LINES. NOTE: I DRAWING DEPICTS THE INSTALLATION OF NEW ANTENNAS, CABLING ETC. THAT ARE TO BE MOUNTED WITHIN FBE NEW FLAGPOLE STRUCTURE. A CONCRETE FOUNDATION IS TO BE DESIGNED BY A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER. SIGNED AND SEALED DOCUMENTATION FOR THIS WORK SHALL BE FILED BY O~HERS. ~'INGULAR WIRELESS PCS, LLC. SITE PLAN 22 x 54 'D' NYCENY 1059