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HomeMy WebLinkAboutNew Cingular Wireless (2) PLANNING BOARD MEMBER~ I: ~.~,~.0~. JERILYN B.ChairWOODHOUSE ~4~ KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND To: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Jerilyn Woodhouse, Chair Town of Southold Pla~atiing Board Ruth Oliva, Chair ,¥ Town of Southold Zoning Board of Appeals Jim King, President Town of Southold Board of Trustees From: Mark TmTy, LWRP Coordinator Senior Enviromnental Planuer Date: October 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 2006 ) ..,? '? ZONING BOARD OF APPEALS Re: Proposed S te Plan for Cingula~ Wn'e ess / MG -I Enterprises Located approximately 537' e/o Cedar Birch Ln. on the s/s/o New York State 25 in Orient SCTM#: 1000-15-9-8 Zooe: Marine Il (MII) This site plan is for new construction of a 100' mooopole cellular commuuicatiou tower with Cingular locating antennas at 97'-0" and 87'-0" internally mounted m the tower, the site includes an existing boat marina aud restaurant on 4.7 acres parcel m the MII Zoning District located approximately 537' e/o Cedar Birch l,ane on the s/s/o New York State 25 in Orient. SCTM#(s) 1000-15-9-8 The proposed action has been reviewed to Chapte~ 268, Waterfl'onl Cousisteocy Review of tile Towu of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Staudards. Based upon the information provided on the LWRP Consisteucy Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the followiug Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 3. Enhance visual quality and protect sceuic resonrces throughout tim Town of Southold. Policy Standards 3.1 Enhance visual quably and prolect scenic resources throughout tile Town of Southold. and feucing) which wouhl be discordant with existiog natural scenic components and character. J. Protect visual quality associated with public lauds, includiug public transportation rontes, public parks and public trust lands and waters. 2. Liufil alteratiou of shoreliue elemeuls Milch coutribute to sceuic quality. The proposal also revolves the new conslructiou of a 40(t sq fl. comumoication conrpound with a 100' flag pole type mouopole. A 12' chain link feuce xvould eoclose tile commumcation compound. Twenty-two, 14' high, Juniperus virginlana ale proposed to be installed to screeu the compound, The property is located south ora desiguated New York State Scenic 13,,wa~;_ The property is also located w/o and adjacent to Orient Point State Park, The flag type monopole cell tower will impact the scenic quality of the area. The height of the flagpole iu relation to surroundin~ 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 monopole, painting the monopole white and the installation of twenty-two, 14' Juniperus virginiana. If the action is approved by the reviewing Boards the following is recommended to further Policy 3. 1. Require that the corranunication compound and monopole be relocated north and adjacent to existing buildings on site. The relocation of the compound would further cluster the development on tile parcel and use existing development to screen portions of the proposed comnnmication compound aud mouopole. 2. Require a five year survival requirement and a replacement protocol for all planted vegetation used to screen the communication 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. Comply with statutory and regulatory requirements of the Southold Town Board oJ D'ustee.~ law6 and regulations for all Andros Patent and other lands under their jurisdiction. Comply with Trustee regulations and reco~mnendatious as set forth m Trustee permit conditious. The proposed setback from the monopole to the bulkhead (south of the proposed monopole) is 65.10 feet; a minmmm setback of 100 feet is required pursuant to Chapter 275 of the Town of Southold Tovm Code. Please yequire tbat the app cant amend the application to meet the above policy' to the greatest extent possible, Policy 10. Protect Southold's water-dependent uses and promote sitiug of new watur-depeudent uses iu suitable Iocatious. Polio's, Slandards 10.1 (a) Protect existing water-dependent uses. The term iS/ater-dependent use means a business or other activity which can ouly be conducted iu. on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as all integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. 10.1 (b) Improve the economic viability of water-dependent uses by allowiug for nou-water dependent accessory and multiple uses, particularly water e lhanced and maritime support services where sufficient uplaud exists. Tile tem~ water-enhanced use means a use or activity which does not require a locatiou adjacent to coastal waters, but whose location on the waterfront adds to the public use and e~joynrent of the water's edge. Water~enhanced uses are primarily recreational, cultural, retail, or entcrtaunnent itl nature. These uses may be necessary for the successful financial operatiou and viability of hater- T!m proposal located iu tile Marine 11 zoning disP;ict. The proposed use is neither a water dependeut use or a water enhanced use and therefore is inconsisteut with the above Policy 10 aud Sub-policies. Cc: Bruuo Semou, Seuior Site Plan Reviewer File 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 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 July 10, 2007 Mr. Lawrence C. R6 Munley, Meade, Nielson & R6 36 North New York Avenue Huntington, NY 11743 J _ I~0~rd of Trustees Re: Cingular Wireless/MGH Enterprises Located approximately 537' e/o Cedar Birch Lane, on the s/s/o New York State Route 25, in Orient SCTM#1000-15-9-8 Zone Marine II (M-II) Dear Mr. R~: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, July 9, 2007: WHEREAS, the applicant proposes a site plan for new construction of a 100' monopole cellular communication tower with Cingular locating antennae at 97'-0" and 87'-0" internally mounted in the tower. The site includes an existing boat marina and restaurant on a 4.7-acre parcel in the Mil Zoning District located approximately 537' e/o Cedar Birch Lane, on the sis/o/New York State Route 25, in Orient. SCTM#1000-15-9- 8; and WHEREAS, on May 11, 2006, the Southold Town Building Department issued a Notice of Disapproval indicating the proposed construction "requires special exception from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board"; and WHEREAS, on July 7, 2006, a formal site plan application was submitted for approval; and WHEREAS, on August 3, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the flagpole with the following conditions of "gold globe and red beacon light atop pole" and the Planning Board accepted the comments for the file pending further review and final approval; and Cin.qular Wireless/MGH Enterprises Pa.qe Two July 10, 2007 WHEREAS, on August 23, 2006, the New York State Department of Transportation responded by letter with "The scope of the work involved at this location will not have a significant impact on the State Highway System". They also notified us that a Highway Work Permit will be required "if any utility connections, work or vehicle staging will occur" and assigned a Case No. 06-285P and the Planning Board will notify the applicant's agent of the requirements; and WHEREAS, on September 12, 2006, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the-Environmental Conservation Law acting under the State "Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; and WHEREAS, on September 18, 2006, Matthew D. Crane, L.S., of Hawkins, Webb & Jaeger Associates, P.L.L.C., submitted a certification letter indicating construction of the equipment platform will be elevated to 12' and complies with the flood zone designation and the Planning Board accepted this for the file and further compliance review from the Building Department; and WHEREAS, on September 19, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepted this pursuant to 239 L & M General Municipal Law; and WHEREAS, on October 2, 2006, Matthew D. Crane, L.S., of Hawkins Webb & Jaeger Associates, P.L.L.C. submitted a second original certification letter indicating construction of the equipment platform will be elevated to 12' and complies with the flood zone designation and the Planning Board accepted this for the file and further compliance review from the Building Department; and WHEREAS, on October 2, 2006, Heather Cusack, Environmental Technician, submitted a memo on Town Trustees letterhead indicating "The proposed 100' monopole cellular communication tower with antennae will require a permit from the Board of Trustees" and seven (7) additional concerns; the Planning Board asked that this be filed for the record; and WHEREAS, on October 5, 2006, the Orient Fire District responded by letter after review for fire access and the Southold Town Planning Board accepted the following recommendations: · "Request emergency vehicle access be maintained at least (15) feet in width and at least (15) feet in height, subject to approval by the Fire Inspector, as stated in the Southold Town Code Section 100-235 Access Requirements. · Request the applicant, New Cingular Wireless PCS, LLC, if they would consider locating fire emergency communications antennae for the Orient Fire District on the tower if it is needed to provide additional coverage for Orient "; and WHEREAS, on October 11,2006, the Southold Town Zoning Board of Appeals responded with a memo "requesting additional time under SEQRA for receipt and review of an LWRP determination as required under Chapter 268, and, when issued and made a part of the Cingular Wireless/MGH Enterprises Paqe Three July 10, 2007 agency files, to allow follow-up review/comments" and the Southold Town Planning Board accepted this request and allocated additional time before issuing the SEQRA determination; and WHEREAS, on October 11,2006, the Suffolk County Department of Planning indicated the "Suffolk County Planning Commission is an interested agency and hence has no objection to the Town of Southold assuming lead agency" and the Planning Board accepted this recommendation; and WHEREAS, on October 17, 2006, the NYS Department of Environmental Conservation responded by letter that "This Department has no objection to the Town of Southold Planning Board Office assuming lead agency for this action" and the Planning Board accepted this recommendation; and WHEREAS, on October 19, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re' submitted for review the requested "photos of the premises taken from Gardiner's Bay, thereby providing a southerly view of the proposed area of construction" and the Southold Town Planning Board accepted them for the file record; and WHEREAS, on October 23, 2006, the Southold Town Planning Board held a Work Session to review the Planning Department file and requested that the southerly view of the construction site photos have the proposed tower superimposed and the agent was verbally notified on October 27, 2006; and WHEREAS, on October 30, 2006, Mark Terry, the Southold Town LWRP Coordinator/Senior Environmental Planner, reviewed the proposed action and his determination that "the proposed action is INCONSISTENT with the following standards and therefore INCONSISTENT with the LWRP"; the report notes three policies and the Southold Town Planning Board approved of Staff sending the report to the agent for review and mitigation of the polices noted; and WHEREAS, on November 22, 2006, Planning Staff sent a letter including the LWRP Coordinators report to Lawrence C. Re', of Munley, Meade, Nielsen & Re', for review; and WHEREAS, on November 28, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted a revised site plan to comply with the LWRP report, dated October 30, 2006, for review and elevation drawings depicting the new location of the proposed flagpole/monopole and the Southold Town Planning Board accepted the proposed plans with the request that various distance dimensions be added to the revised site plan from the boat ramp, bulkheads and wetlands, additionally requesting revised photo simulations of the new proposed tower location prior to a SEQRA determination; and WHEREAS, on November 29, 2006, the Southold Town Engineer reviewed the site plan materials and issued comments and the Planning Board accepted the three (3) comments and requested that the comments be forwarded to the applicant for review; and WHEREAS, on December 4, 2006, the Southold Town Planning Board held a Work Session to review the Planning Department file and requested various additional information from Ryan Dassau; and Cin.qular Wireless/MGH Enterprises Pa.qe Four July 10, 2007 WHEREAS, on December 8, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted for review, in response to the Planning Board request, the following: inventory and corresponding map of existing Cingular sites, search ring and propagation maps and revised site plans depicting additional setbacks and the Southold Town Planning Board accepted them for the file record; and WHEREAS, on December 18, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted 2 copies of the Visual Study prepared by Creative Visual, Inc., dated July 19, 2006, of the proposed action and the Planning Board reviewed the information and requested that a new Visual Study be completed for the new proposed location; and WHEREAS, on December 18, 2006, the NYS DEC issued a permit for the proposed construction under Article 25 Tidal Wetlands Permit Number 1-4738-00898/00018 and the Southold Town Planning Board accepted this approval with one correction that the applicant amends the permit to include the new proposed location of the tower; and WHEREAS, on December 21, 2006, the Southold Town Planning Board referred under SEQRA all file information which included the following: revised site plan, Visual Study, Town Engineers comments and LWRP comments to all coordinated agencies; and WHEREAS, on December 29, 2006, the Suffolk County Department of Planning responded that the "Suffolk County Planning Commission has no objection to the Town of Southold assuming lead agency" and the Planning Board accepted this recommendation; and WHEREAS, on February 12, 2007, the NYS Office of Parks responded by letter indicating "this agency has no objection to the Town of Southold Planning Office assuming lead agency", additionally noting "It appears that the Visual Analysis was prepared prior to a shift in project location" and the Planning Board accepted this recommendation; and WHEREAS, on May 14, 2007, Ryan Dassau of Munley, Meade, Nielsen & Re', notified the Town that the next Visual Study was scheduled for May 29, 2007 at 11:00 a.m. and the Planning Board will refer this information to all agencies; and WHEREAS, on May 18, 2007, the Southold Town Planning Board referred under SEQRA the scheduled Visual Study date to all coordinated agencies; and WHEREAS, on June 14, 2007, the Southold Town Planning Department received the Visual Analysis prepared by Creative Visual, Inc., dated June 2007, and the Southold Town Planning Board reviewed the information at the Work Session on June 25, 2007 and requested it be tabled until the next Work Session; and WHEREAS, on July 2, 2007, the Southold Town Planning Board, at the Work Session, reviewed the site plan file information and requested that the visual be forwarded to the NYS Office of Parks for review and comments; and WHEREAS, on July 2, 2007, the Southold Town Planning Board held a Work Session and agrees that the proposed action pursuant to 6 NYCRR Part 617, Section under Cin.qular Wireless/MGH Enterprises Pa.qe Five July 10, 2007 617.7 c (vi) creates a material conflict with a community's current plans or goals as officially approved or adopted by Southold Town under Town Regulations. This project will require Town Zoning Board of Appeals variance relief along with special exception permission and requires Town Trustees approval for wetlands jurisdiction; and WHEREAS, on July 3, 2007, the Southold Town Trustees responded that they are "currently reviewing the proposed 100' monopole cellular communications tower with antennae. The Planning Board will receive a copy of our decision once made. The Board of Trustees reserves the right to make any additional comments regarding this application" and the Planning Board will condition the determination on the proposed construction in the wetland jurisdiction; and WHEREAS, on July 6, 2007, Thomas B. Lyons of the NYS Office of Parks responded by letter with comments and indicated "This agency thus has no objection to the project as proposed, including lighting to serve as a nautical marker of Orient Point" and the Planning Board accepts this recommendation; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7 Part d, establishes itself as lead agency for the Unlisted Action and, as lead agency, grants a Conditional Negative Declaration for the proposed action. Enclosed for your records is a copy of the Conditional Negative Declaration. If you have any questions regarding the above, please contact this office. Very truly yours, Chairperson Enc. cc: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Supervisor $outhold Town Board Southold Town Board of Trustees Southold Town Engineer Suffolk County Department of Health Services Mark Terry, LWRP Coordinator NYSDEC - Stony Brook NYS Department of Transportation Suffolk County Water Authority Suffolk County Planning Department US Army Corps of Engineers US Coast Guard NYS Department of Parks/Pamela Otis 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 State Environmental Quality Review CONDITIONAL NEGATIVE DECLARATION Notice of Determination Non-Significant July 9, 2007 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 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Site Plan for Cingular Wireless/MGH Enterprises SCTM#: 1000-15-9-8 Location: Approximately 537' e/o Cedar Birch Lane, on the s/s/o New York State Route 25, in Orient SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes (X) No ) Description of Action: The proposed action involves a site plan with new construction of a 100' monopole cellular communications tower with Cingular locating antennae at 97'-0" and 87'-0" internally mounted in the tower, the site includes an existing boat marina and restaurant on a 4.7-acre parcel in the Mil Zoning District located approximately 537' e/o Cedar Birch Lane, on the s/s/o/New York State Route 25, in Orient SCTM#1000-15-9-8 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. SEQR Ne,qat ve Declar~n Pa.qe Two July 9, 2007 No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. This proposed action will be to build on unoccupied space on a marine zoned parcel with a working marina and restaurant. The property is a working marina and restaurant and does not contain significant vegetation. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action does not appear to affect the current property use for boating, fishing and/or recreation. The impact of the scenic view will be mitigated, as the action proposed is a flagpole with all antennae to be concealed within the monopole structure. The site plan is being processed in accordance with the provisions set forth in the Southold Town Code and will require a special exception approval from the Zoning Board of Appeals prior to final site plan approval. Due to the proximity of tidal wetlands, the proposed action will require NYSDEC and Southold Town Trustees approval prior to construction and final site plan approval. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No known creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The following referred agencies have corresponded and concerns/comments were included in the review as listed below: May 11, 2006, the Southold Town Building Department issued a Notice of Disapproval indicating the proposed construction "requires special exception from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board. August 3, 2006, the Architectural Review Committee reviewed the amhitectural drawings and associated site plan materials and approved the flagpole with the following conditions of "gold globe and red beacon light atop pole" and the Planning Board accepted the comments for the file pending further review and final approval. SEQR Neqative Declaration Pa.qe Three July 9, 2007 August 23, 2006, the New York State Department of Transportation responded by letter with "The scope of the work involved at this location will not have a significant impact on the State Highway System" they also notified us that a Highway Work Permit will be required "if any utility connections, work or vehicle staging will occur" and assigned a Case No. 06-285P and the Planning Board will notify the applicant's agent of the requirements. September 18, 2006, Matthew D. Crane, L.S., of Hawkins, Webb & Jaeger Associates, P.L.L.C., submitted a certification letter indicating construction of the equipment platform will be elevated to 12' and complies with the flood zone designation at the time of a Building Permit Review. September 19, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county- wide or inter-community impact(s)" and the Planning Board accepted this pursuant to 239 L & M General Municipal Law. October 2, 2006, Matthew D. Crane, L.S., of Hawkins Webb & Jaeger Associates, P.LL.C. submitted a second original certification letter indicating construction of the equipment platform will be elevated to 12' and complies with the flood zone designation and the Planning Board accepted this for the file and further compliance review from the Building Department at the time of a Building Permit Review. October 2, 2006, Heather Cusack, Environmental Technician, submitted a memo on Town Trustees letterhead indicating "The proposed 100' monopole cellular communication tower with antennae will require a permit from the Board of Trustees" and seven (7) additional concerns; the Planning Board asked that this be filed for the record. October 5, 2006, the Orient Fire District responded by letter after review for fire access and the Southold Town Planning Board accepted the following recommendations: "Request emergency vehicle access be maintained at least (15) feet in width and at least (15) feet in height, subject to approval by the Fire Inspector, as stated in the Southold Town Code Section 100-235 Access Requirements. Request the applicant, New Cingular Wireless PCS, LLC, if they would consider locating fire emergency communications antennae for the Orient Fire District on the tower if it is needed to provide additional coverage for Orient '; and will incorporate into the final site plan approval. October 11, 2006, the Southold Town Zoning Board of Appeals responded with a memo "requesting additional time under SEQRA for receipt and review of an LWRP determination as required under Chapter 268, and, when issued and made a part of the agency files, to allow follow-up review/comments" and the Southold Town Planning Board accepted this request and allocated additional time before issuing the SEQRA determination. October 11, 2006, the Suffolk County Department of Planning indicated the "Suffolk County Planning Commission is an interested agency and hence has no objection to the Town of Southold assuming lead agency" and the Planning Board accepted this recommendation. SEQR Ne.qative Declaration Pa.qe Four July 9, 2007 October 17, 2006, the NYS Department of Environmental Conservation responded by letter that "This Department has no objection to the Town of Southold Planning Board Office assuming lead agency for this action" and the Planning Board accepted this recommendation. October 19, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re' submitted for review the requested "photos of the premises taken from Gardiner's Bay, thereby providing a southerly view of the proposed area of construction" and the Southold Town Planning Board accepted them for the file record. October 23, 2006, the Southold Town Planning Board held a Work Session to review the Planning Department file and requested that the southerly view of the construction site pictures have the proposed tower superimposed and the agent was verbally notified on October 27, 2006. October 30, 2006, Mark Terry, the Southold Town LWRP CoordinatodSenior Environmental Planner, reviewed the proposed action and his determination that "the proposed action is INCONSISTENT with the following standards and therefore INCONSISTENT with the LWRP"; the report notes three policies and the Southold Town Planning Board approved of Staff sending the report to the agent for review and mitigation of the polices noted. November 22, 2006, Planning Staff sent a letter including the LWRP Coordinators report to Lawrence C. Re', of Munley, Meade, Nielsen & Re', for review. November 28, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted a revised site plan to comply with the LWRP report, dated October 30, 2006, for review and elevation drawings depicting the new location of the proposed flagpole/monopole and the Southold Town Planning Board accepted the proposed plans with the request that various distance dimensions be added to the revised site plan from the boat ramp, bulkheads and wetlands, additionally requesting revised photo simulations of the new proposed tower location prior to a SEQRA determination. November 29, 2006, the Southold Town Engineer reviewed the site plan materials and issued comments and the Planning Board accepted the three (3) comments and will incorporate into final site plan approval. December 4, 2006, the Southold Town Planning Board held a Work Session to review the Planning Department file and requested various additional information from Ryan Dassau; and December 8, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted for review, in response to the Planning Board request, the following: inventory and corresponding map of existing Cingular sites, search ring and propagation maps and revised site plans depicting additional setbacks and the Southold Town Planning Board accepted them for the file record. December 18, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted 2 copies of the Visual Study prepared by Creative Visual, Inc., dated July 19, 2006, of the proposed action and the Planning Board reviewed the information and requested that a new Visual Study be completed for the new proposed location. SEQR Ne.qative DeclaJ~on Page Five July 9, 2007 December 18, 2006, the NYS DEC issued a permit for the proposed construction under Article 25 Tidal Wetlands Permit Number 1-4738-00898/00018 and the Southold Town Planning Board accepted this approval with one correction that the applicant amends the permit to include the new proposed location of the tower. December 21, 2006, the Southold Town Planning Board referred under SEQRA all file information which included the following: revised site plan, Visual Study, Town Engineers comments and LWRP comments to all coordinated agencies. December 29, 2006, the Suffolk County Department of Planning responded that the "Suffolk County Planning Commission has no objection to the Town of Southold assuming lead agency" and the Planning Board accepted this recommendation. February 12, 2007, the NYS Office of Parks responded by letter indicating "this agency has no objection to the Town of Southold Planning Office assuming lead agency", additionally noting "It appears that the Visual Analysis was prepared prior to a shift in project location" and the Planning Board accepted this recommendation. May 14, 2007, Ryan Dassau of Munley, Meade, Nielsen & Re', notified the Town that the next Visual Study was scheduled for May 29, 2007 at 11:00 a.m. and the Planning Board will refer this information to all agencies. May 18, 2007, the Southold Town Planning Board referred under SEQRA the scheduled Visual Study date to all coordinated agencies. June 14, 2007, the Southold Town Planning Department received the Visual Analysis prepared by Creative Visual, Inc., dated June 2007, and the Southold Town Planning Board reviewed the information at the Work Session on June 25, 2007 and requested it be tabled until the next Work Session; and July 2, 2007, the Southold Town Planning Board, at the Work Session, reviewed the site plan file information and requested that the visual be forwarded to the NYS Office of Parks for review and comments. July 3, 2007, the Southold Town Trustees responded that they are "currently reviewing the proposed 100' monopole cellular communications tower with antennae. The Planning Board will receive a copy of our decision once made. The Board of Trustees reserves the right to make any additional comments regarding this application" and the Planning Board will condition the determination on the proposed construction in the wetland jurisdiction. July 6, 2007, Thomas B. Lyons of the NYS Office of Parks responded by letter with comments and indicated "This agency thus has no objection to the project as proposed, including lighting to serve as a nautical marker of Orient Point" and the Planning Board accepts this recommendation. There has not been any correspondence received from the referred agencies listed below: · Southold Town Building Department · Southold Town Supervisor · Southold Town Board SEQR Ne,qat ve Declar Paqe S x July 9, 2007 · Suffolk County Department of Health Services · Suffolk County Water Authority · US Army Corps of Engineers · US Coast Guard Therefore, it is assumed that there are no additional comments or objections from these agencies. The Southold Town Planning Board agrees based upon the information, that no significant adverse impacts to the environment are expected to occur should the project be implemented as planned, however, the Southold Town Planning Board has concerns that the proposed action may create a material conflict with the community's current plans and goals, as officially approved by Southold Town under Town Regulations and issues this Conditioned Negative Declaration with the following three conditions: The applicant/agent or owner must complete the application submission requirements to the Town Zoning Board of Appeals for review and variance relief along with special exception permission for this proposed action. The applicant/agent or owner must complete the application submission requirements to the Town Trustees for review and approval of the wetlands jurisdiction on this proposed action. 3. The applicant/agent or owner must revise and amend the permit approval by the New York State Department of Environmental Conservation. Based upon such, the Conditional Negative Declaration is issued pending approval of the proposed action by the agencies having authority. The Southold Town Planning Board, as required under Town Code Section 280-131 part B (4a) Regulations, will not grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals. For Further Information: Contact Person: Bruno Semon, Senior Site Plan Reviewer Address: Southold Town Planning Board Telephone Number: (631)765-1938 cc: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Supervisor Southold Town Board Southold Town Board of Trustees Southold Town Engineer Suffolk County Department of Health Services LWRP Mark Terry NYSDEC - Stony Brook New York State Department of Transportation Suffolk County Water Authority Suffolk County Planning Department US Army Corps of Engineers US Coast Guard New York State Department of Parks/Pamela Otis July 6, 2007 Bruno Semon Senior Site Plan Reviewer Town of Southold P.O. Box 1179 Southold, NY 11971 JUL - 9 2007 SuutholdTown Beard of Trusteea RE: Cingular Wireless Facility at Orient-by-the-Sea Dear Mr. Semon: Thank you for sending to State Parks the Full Environmental Assessment Form (EAF), Visual EAF Addendum, site plan and additional visual analysis regarding the Cingular Wireless/MGH Enterprises proposal for a cellular communication tower adjacent to Orient Beach State Park. The visual analysis demonstrates that the new flagpole will be visible from the park entrance road. The context of the proposed flagpole tower, however, points to consistency with the park entrance and the project site's nautical surrotmdings. The tower will also be distant enough from nesting shorebird areas and osprey poles so as not to pose a threat to wildlife in the park. With regard to the question as to whether the flagpole be lit at night or the flag be raised and lowered daily, this is a matter of local jurisdiction. This agency thus has no objection to the project as proposed, including lighting to serve as a nautical marker of Orient Point. Thank you and feel free to contact Pam Otis if you have any questions or follow-up to this letter, at 518-474-0409. Sincerely, Thomas B. Lyons Director, Resource Management Cc: Daniel Kane Ronald Foley Susanne Wuehler Pam Otis James F. FAng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MEMORANDUM TO: Jeri Woodhouse, Chairperson Planning Board FROM: Board of Trustees DATE: July 3, 2007 RE: Cingular Wireless/MGH Enterprises Route 25, Orient SCTM # 15-9-8 Please be advised that the above referenced proposal is located within the Trustees jurisdiction. The Board of Trustees is currently reviewing the proposed 100' monopole cellular communication tower with antennas. The Planning Board will receive a copy of our decision once made. The Board of Trustees reserves the right to make any additional comments regarding this application. Please note that the comments in the memo dated October 2, 2006 from Heather Cusack, Environmental Technician are not the comments from the Board of Trustees. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD MEMO October 2, 2006 To: Bruno Semon From: Heather Cusack ~' Environmental Technician Re: Cingular Wireless/MGH Enterprises Route 25, Orient SCTM# 15-9-8 Please be advised that the above referenced proposal is located in the Trustees jurisdiction. The proposed 100' monopole cellular communication tower with antennas will require a permit from the Board of Trustee. Please take into consideration the following concerns: 1. Distance of tower to the MHW. Setbacks for structures in the wetland code are set at 50'. 2. Health and safety concerns. 3. Location of tower and equipment in relation to ramp and access to the water. 4. Migratory bird patterns. 5. Overall planning for the Town of location of towers. 6. View shed and visual analysis. 7. Coordination with review of LWRP. James F. Bling~ President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. ' Town Hall 53095 Route 25 P.O. Box 1179 Southotd, New York 11971-0959 Telephone-(631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: Munley, Meade, Nielsen & Re on behalf of NEW ClNGULAR WIRELESS PCS, LLC requests a Wetland Permit to construct a 100' telecommunications flagpole with associated equipment compound and appurtenant trenched condbi't. Located: 40200 Main Rd., Orient. SCTM#15-9-8.1 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Distance of proposed work to edge of above: ~chOf Town Code proposed work falls under: apt.275 Chap~) other ;-ype of Application: ~ We2d &oastal Erosion __Amendment __Administrative __Emergency Pre-Submission. Violation Info needed: Modifications: Conditions: Present Were: __J.King __J.Doherty ~P.Dickerson D. Bergen__ B. Ghosio, Jr H. Cusack D. Dzenkowski Mark Terry~other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Mon., June 11,2007, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of NEW ClNGULAR WIRELESS PCS, LLC to construct a 100' telecommunications flagpole with associated equipment compound and appurtenant trenched conduit. Located: 40200 Main Rd., Orient. SCTM#15-9-8.1 The CAC Supports the application with the Condition the tower is aesthetically pleasing from the road. Vote of Council: Ayes: All Motion Carried Nb~v York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631) 444-0363 · FAX: (631) 444-0360 Website: www.dec.state.ny.us Denise M. Sheehan Commissioner December 18, 2006 Orient by the Sea Marina P.O. Box 303 Orient, N.Y. 11957 Re: Permit #1-4738-00898/00018 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Kendall P. Klett Environmental Analyst Enclosure DEC PERMIT NUMBER 1-4738-00898/00018 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law ~ONSERVATION EFFECTIVE DATE December 18, 2006 EXPIRATION DATE(S) December 18, 2011 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate DAdicle 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23. Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands iD Article 27, Title 7; 6NYCRR 360: Solid Waste Management [3 Article 27, Tit~e 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [3 Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Orient by the Sea Marina ADDRESS OF PERMITTEE P.O. Box 303, Orient, N.Y. 11957 ITELEPHONE NUMBER (031) 323-2424 CONTACT PERSON FOR PERMITTED WORK Ro~ler Reiersen, GeoTrans Inc. 1465 Route 31, South Annadale, N.J. 05501 NAME AND ADDRESS OF PROJECT/FACILITY ITELEPHONE NUMBER /908) 730-0014 Orient by the Sea Marina, 40200 Main Road, Orient Point, N.Y. 11957 COUNTY I TOWN WATERCOURSE Suffolk I Southold DESCRIPTION OF AUTHORIZED ACTIVITY: INYTM COORDINATES E: N: Construct telecommunication facility including 100 ft high pole, equipment platform and trenched conduit. All work shall be done in accordance with the attached plans stamped NYSDEC approved on 12/18/06. By ac)~ptance of this permit, the permitte~,.~r, ees-t~ the permit is contingent upon strict compliance with the ECL, all a~l"ca§~e regulations, the Genera~ditions specifie~,~and any Special Conditions included as part of this :)ermit. // ;' ~ ~ I~UT/Y ~¢RM, R/~DMINISTJ~OR: I ADDRESS I I/,' // I Region 1 Headquarte/s ~'"-~" ~ ~ I SUNY ~ Stony Bro~, 50 Circle Road, Stony Brook, NY 11790 - 3409 ,~H/O"~Z E D SIGNATUI~ ~ ~n A. Wieland (KPK) I December 16, 2006 I Page 1 of 4 .~ YORK STATE DEPARTMENT OF ENVIRONMENTAL (~ ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 6O8 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. All necessary precautions shall be taken to preclude contamination of anywetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a watem/ay or floodplain, depos ts w th n any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, rem ove all or any podion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by William F. Collins AIA on 4/27/06. DEC PERMIT NUMBER I I 1-4738-00898/00018 PAGE 3 of 4 ¢/YORK STATE DEPARTMENT OF ENVIRONMENTAL { NOTIFICATION OF OTHER PERMI~I'EE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnity and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions and damages, to the extent attrtbutable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This !ndemnificafion does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including ail special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permlttee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any dght to trespass upon the lands or interfere with the ripadan dghts of others in order to perform the permitted work nor does it authorize the impairment of any dghts, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). Th~ permittee shall provide a person to accompany the Department's representative dudng an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modity, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate wdtten application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1 ,SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered matedal information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any previsions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER 1-4738-00898/0001 PAGE 4 of 4 VYORK STATE DEPARTMENT OF ENVIRONMENTAL SPECIAL CONDITIONS 1. During construction, concrete or reachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or protected buffer areas. 2. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 3. All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.)immediately following project completion or prior to permit expiration, whichever comes first. Ifthe project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditi(~ns favor germination. 4. The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 100 linear feet from the tidal wetland boundary. 5. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 6. All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 7. No fill or backfill is authorized by this permit without further written approval from the Department (permit, modification, amendment). 8. No excavation of the beach is authorized for the purpose of obtaining fill or stone material. 9. Disturbance to natural vegetation or topography greater than 25 feet seaward of the approved structure is prohibited. 10. Necessary erosion control measures e.g., staked haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed areas. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. DEC PERMIT NUMBER 1-4738-00898/00018 PAGE 2 of 4 New Cingular Wireless PCS, LLC LI-1059 Orient By The Sea - Pictures from the Water 6 7 9 t0 0B/10/2007 10:08 PAC.~ 02/02 MUNLEY, MEADE, NIELSEN & RI~ ATTORNEYS Al' LAW 36 North New York Avenue Huatiagton, New York 11 ?43 (631) 4254100 Telecopier (631) 4254104 August 10, 2007 VIA FACSIMH~. Mi'. James F. King, .Ir., President, and M~nbers of the Town of Southold Board of Town Trustees Southold Town Hall Town Annex Building 54375 Mam Road Southold, NY 11971 RE: Board of Town Trustees Wetlands Application Public Hearing New Cingular Wireless PCS, LLC Proposed Wireless Tclccorarnunications Facility Premises: 40200 Main Road (Route 25) Orient, New York SCTM#: 1000-15-9-8.1 Dear President Krug and Board Members: On behalf of our chent, New Cingular Wireless PCS, LLC, we h~rcby respectfully request that the captioned Public Hearing, now scheduled for Wednesday, August 22, 2007, be put on hold until further notioe. Thanking you roi' your courtesies, w~ remain V~,ry truly yours, Ivl-U'NLEY, MEADE, NIELSEN & By: Lawre. rw, eC. R& Lawrence C. R~ LCR:db 08/10/2007 18:08 PAGE 01/02 MUNLEY, MEADE, NIELSEN ATTORNEYS AT LAW 36 North New York Avenue Hunfingto~a~ New York 1174~ (631) 425-4100 Telecopier (631) 425-4104 TELECOPY TO THE ]FOLLOWING NUMBER: 631-765-6641 NAME: Elizabeth for Mr. James F. King, Jr., President, and Mcalbcrs of the Town of Southold Board of Town Trustees RE: Board of Trustees Wetlands Application Public Hearing New Cingular Wireless PCS, LLC Premises: 40200 Main Ro~d Orient, New York SCTM#1000-I5-9-8.1 FROM; Dorothy Belard for Lavacnce C, R~ DATE: August 10, 2007 MESSAGE: Pursuant to our ~elephone conversation today, tranSnUt~ed herevhth is our request for postponement of the captioned matter. TOTAL NUMBER OF PAGES: 2 (Including Cover Page) PLEASE NOTE The information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such information. If the recipient is not the intended recipient, you are hereby notified that may dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please notify us immediately by telephone at (631) 425-4100. Thank you. 07?09/2007 16:44 ~000000 PAGE 02/B2 MUNLEY, MEADE, NIELSEN & 1~ AI~FORNRY$ AT LAW H~n~gton, New York 11743 (631)42~100 JUL 10 2007 Tdecspi~ Southhold (~1) 42~1~ Board ~ Trust.s luly 9, 2007 V'/.A FACS~[ILE Mr. James King, PrcsicLe~t, a_nd Members of the Town of Southold Board of Town Trustees Southold Town Hall Town Annex Bu/lding 54375 Main Road Southold, NY 11971 Board of Trustees Wetlands Application Public Hearing New Cingular Wireless PCS, LLC Proposed Wireless Telecommunications Facility Premises: 40200 Ma~n Road 0Koute 25) Orient, New York $CTM#: 1000-15-9-8,1 D~ar President King and Board Members: Oa behalf of OUr client, New Cmgular Wireless PCS, LLC, we hereby respectfully request a postponernent of the capt/oncd Public Heath~, now scheduled for July 24, 2007, to the next scheduled meet/~g date of Wednesday, August 22, 2007. Thanldng you for yoUr courtesies, w~ remain Ve~y truly yours, By: Lcvwr C. R& Law.nee C. R6 LCR:db 07~09/2007 16:44 ( 7000000 PAGE 01/82 MUNLEY, MEADE, NIELSEN ATTORNEYS AT LAW 36 Norfla New York Avenae Huntington, New York 11743 (631) 425-4100 Telecopior (6311) 425-4]04 JUL '1 0 2007 Southhold Town Board of Trustees TELECOPY TO THE FOLLOWING NUMBER: 631-765-6641 Ms. Lamren Standish for Mr. James King, President, and Members of the Town of Southold Board of Town Trustees Board of Trustees Wetlands Application Public Heating New Cingulat Wireless PCS, LLC Premises: 40200 Main Road Orient, New York SCTM#1000-15-9-8.1 FROM: Dorothy Bclard for Lawrence C. R6 DATE: Inly 9, 2007 MESSAGE: Pursuant to our telephone conversation today, transmitted herewith is our request for postponement of the captioned matter. TOTAL NUMBER OF PAGES: 2 (Including Cover Page) PLEASE NOTE The information contained in this facsimile message b privileged and confidential and is intended only for the use of the individual named above and others who have been specffically authorized to receive such information, if the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please notify us immediately by telephone at (631) 425-4100. Thank you. 06/05/2007 14:48 1000 PAGE 02/02 MUNLEY, MEADE, NIELSEN & R~ ATTORNEYS AT LAW 36 Nortl~ New York Avenue Hu~tlegton, New York 11743 (631) 425-4100 Telecopier (651) June 5, 2007 VIA FACSIMILE Mr, James King, President, and Members of the Town of Southold Board of Town Trustees Southold Town Hall Town Ar~ex Buik[xng 54375 Ma'm Road Southold, NY 11.971 Board of Trustees W~tlands Application Public Hearing New Cingular Wireless PCS, LLC Proposed Wireless Telecommunications Facility Premises: 40200 Main Road (Route 25) Orient, New York SCTM#; 1000-15-9-8.1 Dear President King and Board Members: On behalf of our client, New Cingular Wireless PCS, LLC, we hereby respectfully request a postpon~-ment of the captioned Public Hearing, now scheduled for Wednesday, June 20, 2007, to the n~xt scheduled meeting date of Tuesday, July 24, 2007. Thanking you for your courtesies, we ~emain Very truly yours, MUNLEY, MEADE, NIELSEN & i~ By: Lcu r C. R& Lawrence C. R~ LCR:db -5 2007 IUd__.) ~os~ of 06/05/2007 ~4:48 PAGE 81/82 MUNLEY, MEADE, NIELSEN ATTORNEYS AT LAW 36 North New York Avenue Huntington, New York 11743 (631) 42~-4100 Tel~copier (6~1) 425-4104 TELECOPY TO THE FOLLOWING NUMBER: 631-765-6641 NAME: Ms. Lauten S'mndish for Mr_ James King, President, and Members of the Town of Southold Board of Town Trustees Board of Trustee0 Wetlands Application Public Hearing New Cingular Wireless PCS, LLC PrOtrudes: 40200 Main Road Orient, New York SCTM# 1000-1 $-9-8.1 FROM: Dorothy Belard for Lawrence C. R~ DATE: June 5, 2007 MESSAGE: Pursuant to our telephone conversation today, han~raitted herevhth is our request for postpone'neat of the captioned matter. TOTAL NUMBER OF PAGES: 2 (Including Cover Page) PLEASE NOTE The information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such information. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this commqnication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please notify us immediately by telephone at (631) 425-4100. Thank you. JUN - 5 2007 Southhold Town Board of Trustees PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND Date: To: From: Re: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM May 18, 2007 All Lead Agencies 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 Bruno Semon, Senior Site Plan Reviewer Unlisted action under NYSCRR Part 617 requirements. Dear Reviewer: The site plan is a pendihg a SEQRA determination after the visual test and picture simulation of the new proposed location of the communication tower. Attached you will find a site plan, letter and legal notice indicating the visual study will be done on May 29, 2007 from 9:00 am - 11:00 am. for the below referenced action: Cingular Wireless / MGH Enterprises Located at approximately s/s/o/New York State 25 in Orient SCTM#(s) 1000-15-9-8 Zone: Mil This site plan is for new construction of a 100' monopole cellular communication tower with Cingular locating antennas at 97'-0" and 87'-0" internally mounted in the tower, the site includes an existing boat marina and restaurant on 4.7 acres parcel in the Mil Zoning District located at approximately 537' e/o Cedar Birch Lane on the s/s/o/New York State 25 in Orient. SCTM#(s) 1000-15-9-8 Thank you in advance. CC: File, attachment and Maps are enclosed for your review Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Supervisor Southold Town Board Southold Town Board of Trustees Southold Town Engineer Suffolk County Department of Health Services LWRP Mark Terry NYSDEC - Stony Brook New York State Department of Transportation Suffolk County Water Authority Suffolk County Planning Department US Army Corps of Engineers US Coast Guard New York State Department of Parks ~IUNLEY~ MEADE, NIELSEN May 14, 2007 (631) 425-4100 (631) 425-4104 VIA FIRST CLASS MAlL Chairperson Jeri Woodhouse and Members of the Town of Southold Planning Board Town of Southold Plamfing Board Southold Town Hall P.O. Box 1179 Southold, New York 11971-0959 RE: Visual Study Crane Test for Public Utility Wireless Telecommunications Facility Proposed By New Cingular Wireless PCS, LLC ('Cingular') Premises: Orient By the Sea Restaurant 40200 Main Road Orient, New York District 1000, Section 18.00, Block 05.00, Lot 013.008 Dear Chairperson Woodhouse and Board Members: As you kmow, we are the attorneys for Cingular in connection with the captioned matter. As you also know, Cingular has filed an application seeking municipal approval for the installation of a public utility wireless telecommunications facility at the above-captioned premises. Enclosed herewith is the legal notice concerning the visual study crane test for the proposed public utility wireless tclcconm)uuications facility. Said notice shall be published in the May 17, 2007 edition of Time& which we understand is )be Town of Southold's official newspaper for legal notices. Should you have any questions with regard to the foregoing, please do not hesitate to contact us. Very truly yours, MUNLEY, MEADE, NIELSEN & RI~ .) Janinc I¢I hr~aese Enclosure LEGAL NOTICE ON MAY 29, 2007 A VISUAL STUDY WILL BE PERFORMED AT THE PREMISES, 40200 MAIN ROAD, ORIENT, NEW YORK, BETWEEN THE HOURS OF 9:00 A.M. AND 11:00 A.M., IN CONNECTION WITH AN APPLICATION BY NEW ClNGULAR WIRELESS PCS, LLC, SEEKING MUNICIPAL APPROVAL FROM THE TOWN OF SOUTHOLD FOR THE INSTALLATION OF A PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. AS PART OF THE VISUAL STUDY, A CRANE WILL BE PLACED AT THE PREMISES TO AID IN ASSESSING THE VISUAL IMPACT OF THE PROPOSED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. IN CASE OF INCLEMENT WEATHER ON MAY 29, 2007, THE STUDY WILL INSTEAD BE PERFORMED ON JUNE 5, 2007. SITE PLAN DIMENSIONS FROM FLAGPOLE TO NOR~H£RN PROPERTy LINE FROM FLAGPOLE TO NORTHERN PROPERTy LINE, (ROUTE 25) PROPO5£O TELCO CONDU~T ~ ORIENT BY THE SEA RETAURANT ~ RESTAURANT AND MARINE FUELING STATION %/ // [ ~,/ ~ >'/ C(~C(~N 'N 'TRACTOR TO PROVIDE SffE SPECiF,C I ° cingular C TO. PROPOSED PARTIAL SITE PLAN ~AST ELEVATION ORIENT BY THE SEA RETAURANT NYCENY1059 /Ll-10sg ~c,ng ~u,!~r PROPOSED CLNCULAR lO0-O' HIGH RF JJlJ 7-0" OC, ~'(p OF [2t) I D A May 14, 2007 VIA FIRST CLASS MAlL Mr ]amex F. King, President, and Members of the Town of Southold Board of Town Trustees Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Visual Study Crane Test for Public Utility Wireless Telecommunications Facility Proposed By New Cingular Wireless PCS, LLC ('Cingular') Premises: Orient By the Sea Restaurant 40200 Main Road Orient, New York District 1000, Section 18.00, Block 05.00, Lot 013.008 Dear President King and Board Members: As you know, we are the attorneys for Cingular in connection with the captioned matter. As you also know, Cingular has filed an application seeking municipal approvals for the installation of a public utility wireless telecommunications facility at the above-captioned premises. Enclosed herewith is the legal notice concerning the visual study crane test for the proposed public utility wireless telecommunications facility. Said notice shall be published in the May 17, 2007 edition of The Suffolk Times, which we understand is the Town of Southold's official newspaper for legal notices. Should you have any questions with regard to the foregoing, please do not hesitate to contact us. Very truly yours, MUNLEY, MEADE, NIELSEN & RI~  ) Janine Ula'rc"~e~ se Enclosure LEGAL NOTICE ON MAY 29, 2007 A VISUAL STUDY WILL BE PERFORMED AT THE PREMISES, 40200 MAIN ROAD, ORIENT, NEW YORK, BETWEEN THE HOURS OF 9:00 A.M. AND 11:00 A.M., IN CONNECTION WITH AN APPLICATION BY NEW CINGULAR WIRELESS PCS, LLC, SEEKING MUNICIPAL APPROVAL FROM THE TOWN OF SOUTHOLD FOR THE INSTALLATION OF A PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. AS PART OF THE VISUAL STUDY, A CRANE WILL BE PLACED AT THE PREMISES TO AID IN ASSESSING THE VISUAL IMPACT OF THE PROPOSED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. IN CASE OF INCLEMENT WEATHER ON MAY 29, 2007, THE STUDY WILL INSTEAD BE PERFORMED ON JUNE 5, 2007. 04/30/2007 16:03 00~ ~0 PAGE 02/02 April 2,0, 2007 VIA I~ACS~E. Mx. lames King, President, and Members of thc Town of Sou*hold Board of Town Tras~es Sou*hold Town Hall Town Annex Building 54375 M~n Road Sou*hold, NY 11971 Board of Trustees Wetl~ds Application Public Hearing New Cinlpalar Wireless PCS, LLC Proposed Wireless Telecommunications Facility Premises: 40200 Main Road (Route 25) O~ent, New York SCTM#; 1000-15-9-8,1 Dear President King and Board Members: On behalf of our client, New Cingular Wireless PCS, LLC, we hereby respeotl~lly request that tile captioned matter, which was adjourned on April 18, 2007, be placed on the Board of Trustees' calendar for Public Hearing on Stme 20, 2007. Thanking you for your courtesies, we remain Very truly yours, Lawrence C. R6 LCR:db 04/30/2007 16:03 PAGE 01/02 MUNLEY, MEADE, NIELSEN & R]~ ATTOR.NEY$ AT LAW 36 North N~w York Avenue Huafingtoo, New York 11743 (631) 425-4100 Telecopier (631) 425-4104 TELECOPY TO THE FOLLOWING NUMBER: 631-765-6641 Ms. Lauren Standish for Mr. James King, Presider, and Members of the Town of Southold Board of Town Trustees FROM: DATE: Board of Tmstess Wetlands Application Public Hearing New Cingular Wireless PCS, LLC Premises: 40200 M~in Road Odent, New York SCTM#1000-15~9~8.1 Dorothy Bela,rd for Lawrence C. ~ April30, 2007 MESSAGE: Transmitt~ herewith is our request for placement of the capti~med matter on the June 20, 2007 Board of Trustees' calendar. Thank you. TOTAL NUMBER OF PAGES: 2 (Including Cover Page) PLEASE NOTE The information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such information. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this conununicatian is strictly prohibited. If you have received this communication in error, or finny problems occur with transmission, please notify us immediately by telephone at (631) 425-4100. Thank you. 03/28/2007 1G:42 00001 P~GE 02/02 MUNLEY, MEADE, NIELSEN & R~ ATTORNEYS AT L,A.W 36 North New York Avenue Huntingten, New York 11743 (631) 425-4100 Teleeopler (6~) 42.~1104 Mar~h 28 2007 VIA FACSIMILE Mr. ]'mn~s King, President, and Members of the Town of Southold Board of Town Trustees Southold Town Hall Town Annex Building 54375 Main Road $outhold, NY 11971 Board of Trustees Wetlands Application Public Hearing New Cinsular Wireless PCS, LLC Proposed Wireless Telecommunications F~cility Premises: 40200 ~ Road (Route 25) Orient, New York SCTM#: .1Q00-15-9-8.1 ~ MAR 2 8 2007 ', Dear President IGng and Board Member~: On behalf of our client, N~v Cingulur Wireless PCS, I_LC, we hereby r~specffully r~qu¢$t another adjournment of file captioned Public Hearing, now scheduled for Wedne~lay, April 18, 2007, to a date sometime in Suly 2007. Thanking you for your courtesies, we rennin Very truly yours~ MUNLEY, MEADE, NIELSEN & P.~ Lawrence C. 1~ LCR:db 03/28/2007 1~:42 0000 PAGE 8i/02 MUNLEY, MEADE, NIELSEN & R~ .ATTORNEYS AT LAW $6 North New York Avenue Huntington, N~w York 11743 (631) 42S-41 O0 Telecopier (631) 425-4104 TELECOPY TO THE FOLLOWING NUMBER: 631-765-6641 Ms. Laure~ Standish for Mr. James King, Preddeat, and Members of the Town of Southold Board of Town Trus~a~s Board of Trustees W~lands Application Public Hearing - Wednesday, March 21, 2007 New Cingular Wireless PCS, LLC Pre'raises: 40200 Main Road Oriemt, New York SCTM#1000-15-9-8.1 FROM: Dorothy Belard for Lawrence C. R6 DATE: March28, 2007 MESSAGE: Pursuant to our telephone conversation ~oday, transmitted here~th is our r~quest for an adjournment of the captioned Public Heanng. TOTAL NUMBER OF PAGES: 2 (Including Cover Page) IL. EASE NOTE The information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such information. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, or finny problems occur with transmission, please notilT ns immediately by telephone at (631) 425-4100. Thank you. 02/28/2007 17:26 ~000 PAGE 81/82 MUNLEY, MEADE, NIELSEN ATTORNEYS AT LAW 36 North New York Avenue Hunttugton, New York 11743 (631) 425-4100 Tel*copier (631) 425-,1104 TELECOPY TO Tllg, FOLLOWING NUMBER: 631-765-6641 Ms. Lauron Standish for Mr, James King, President, and Members of the Town of Southold Board of Town Trustees Board of Trustees Wetlands Application Public Heating - Wednesday, March 21, 2007 New Cingulat Wimler~ PCS, LLC 40200 Ma/n Road Ofiont, N~w York SCTM#1000-15-9-8.1 FROM: Ryan Dassau DATE: Febroz,ry28, 2007 MESSAGE: Pursuant to our telephone conversation today, transmitt~xt herewith is our request i-or en adjournment of the captioned Public H~aring. TOTAL NUMBER OF PAGES: 2 (Including Cover Page) PLEASE NOTE The information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such information, lfthe recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please notify us immediately by telephone at (631) 425-4100. Thank you. 02/28/2007 17:26 Ell PAGE 62/82 MUNLEY, MEADE, NIELSEN & R~ ATTORiNEYS AT LAW 36 North New York Avenue Huntingtoa, New York 11743 (631) 42~%4100 Telecopler (631) 425-4104 Febmary28 2007 Mr. lames King, President, and Members of the Town of Southold Board of Town Trustees Southold Town Hall Town Annex Building 54375 Main Road $outhold, ]NY 11971 RE: Board of Trustees Wetlands Application Public Hearing New Cingular Wireless PCS, LLC Proposed Witless Telecommunications Facility premises: 40200 Main Road (Route 25) Orient, New York $CTM#: 1000-15-9-8.1 Dear Pr~ident King and Board Members: On behalf of our client, N~v Cingular Wireless PCS, LLC, we hereby respectfully request the adjournment of the captioned Public Hearing, now scheduled fol' Wednesday, March 21, 2007, to the next available date on the Board of Trustees' hearing calendar. Thanking you for your courtesies, we remain Very l:ruly yours, MIYNLEy, MEADE, NIELSEN & R~ By: RD:db Office Use Only __Coastal Erosion Permit Application ~----Wetland Permit Application __ ~Amendment/Trans f~r/Extension ,'Received Application: c~ ~ (] ~) /Received Fee:$ ..Q ~'¥)'- '. -~ · ~2ompleted AppI f&ti'6n Incomplete __SEQRA Classification: Type I Type Il Unlisted Coordination:(date senti ~AC Referral Sent:~~ l~te of Inspection: , ~) ]l q l {~ ') __Receipt of CAC Repb"rt.~ ~Lead Agency Determination: Technical Review: ~_Resolntion: Administrative Permit NameofApplicant New Cingular Wireless PCS, LLC Address 333 Crossways Park Drive, Woodbury, NY 11797 Phone Number:( ) 516-677-6503 Suffolk County Tax Map Number: I000- 015 Block 9 Lot 8.1 ~ope~Location: Orient by the Sea ~rtna, 60200 ~tn Rd. Orient, ~ 11957 Utility Pole #35, 270 yards to Route 25 (Main Rd.) (provide LILCO Pole #, distance to cross streets, andlocation) Please direct any questions/comment~ to: ~n~u.ltant: l~t~xl: Ro~er Reiersen, GeoTrans Inc, (If applicable) 1465 Route 31 South, Address: Attorney for Applicant - Munley. Meade, Nielsen & Re' Lawrence C. Re' - Tel: 631-425-4100 Fax: 631-425-4100 Annandale, NJ 08801 36 N. New York Ave. Huntington,NY 11743 Phone: 908-730-0014 Board of T=ustees Application GENERAL DATA Land Area(in square feet):_ 204,732 square feet (400 sq. ft.. Lease Area) Area Zoning:_ Commercial Previous use of property:_ Empty Lot, Space near Marina Intendeduseofproperty:. Telecommunications Flagpole Prior p%rmim/approvals Mr sim improvements: Agency Date Buildine Permit, Town of ~outhold pending Zoning Board, Special Use Permit pending Planning Board, Site Plan Permit pending Wetland Permit, NYDEC #1-4738-00898/0018 Dated: DecemlSer 18, 2006 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: No permits have been revoked to the knowledge of the applicant. Project Description (use attachments if necessary): Construction of a 100-foot Teleco~unications flagpole with associated equipment compound and appurtenant trenched conduit. No high intensity lighting is proposed. The flagpole will be cloaked and the construction will take place in a previously disturbed area. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATIONDATA Purpose oftheproposed operations: Construct a 100- foot cloaked telecommunications flagpole for the purpose of improving cellular reception. Area of wetlands on lot: 60,000 square feet Mostly Marina and parking space. Percent coverage of lot: 30 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest propos~nl structure and upland edge of wetlands: 65 feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? 300 cubic yards How much material will be filled? 300 cubic yards Depth of which material will be removed or deposited: 3, (20) feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Excavation to a denth of 3 feet is required to pole and ProPosed flagpole. 275 yards nf trmneh will h~ hnckfilled and restored to previous, condition. Statement of the effec~ if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): None. (see attached Environmental Assessment Reporg) The area of construction has been previously disturbed and does not infringe on wetlands area. Construction areas will be restored to their previous condition. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes ofproposedactivity:. Construct a lO0-foot telecommunications flagpole for the purpose of improving cellular reception. Are wetlands present within 100 feet of the proposed activity? No x Yes Does the project involve excavation or filling? No x Yes If Yes, how much material will be excavated? 300 .(cubic yards) How much material will be filled? 300 .(cubic yards) Manner in which material will be removed or deposited:~__ required to trench conduit to the utility pole. Depth of cloaked flagpole is to be determined and not to exceed 20 feet. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) None. (see attached Environmental Assessment Report) The area of construction has been previously disturbed and does not infringe on wetlands. The flagpole will be cloaked and construction areas will be restored to their original condition. ~tT~O Appendix C 81ate EnvlmnmenMI qu.llty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTIONS Only Reiers~n, GeoTrans Inc. (agent) NewCi ularWireless PCS, LLC 3. ~ LOCATION: Tow~ of Southold PROJEOTNAME LI-1059 Orient Poin~ Telecom Suffolk County 40200 Main Road Orient Point, NY 11957 (See attached map) DE~ORJBE PRO/EOT BRIEFLY: The proposed facility calls for the construction of an unmanned telecommunications facility including an equipment platform, a 100-foot high cloaked flagpole, and ~, appurtenant trenched conduit· No high intensity lighting is proposed. Zoning and~ land use permits pending. ~t~TmPRESeNTLMIDU~EINVI(~N/TYOFpRO. iE~? The subject property is shared with the Orient by the Sea Restaurant and Marina. ~] Yel I'"l NO IfYe~, Ibt~oency~) nmnelnd ~ I~X~ggX~'~,i/,~X~t~Z~tl~X~i~(~X Zoning Board Permit · ~old building permit, Pla ' 11. uning Board Site Plan Perm. r~t Ye~ ~ _ _ VEA ~URREIfll.YVALIO PERMIT OR AppROVAL? NY$ DEC Tidal Wel:lands Permit 12.~ MA ~: Rnoer R~imrsen ~en~r~nm Tqc Rev. 2/23/07 ff the!~_o~.Je, ln gte ~..~ Are~., .nd you ,re 1 ,,,~amm Meeaement Porto before 1 Board of Trustees Application (print owner of property) AUTHORIZATION (where the applicant is not the owner) residing at Co. t~O~' '3 o ~ (mailing address) hereby authorize (Agent) New Cingular Wireless PCS~ LLC to apply for permit(s) from the Southold Board of Town Truste~ on my behalf. (Owner's signature) Robert Hasse, Vice President County of Sul~Ik Stat~ of New York DEPOSES AN)) AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S} AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AG REF~ TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALI,.D DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PEP,~IiT(S),[ D~ GRANTED. IN COMPLETING THIS APPLICATION, I HEREBy AUTHORIZE THE '~R/3,STEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MYyR~)PEP~TY TO INSPECT THE PREMISES IN CONJUNCTION WffH REVIEW [ PPLICATIO J--7~~ID%%~T Sw. e t, System I, \ - ~, , Development Mgr., I.~RP CONSISTENCY ASSESSMEN.T~FORM A. 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 0f this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of S0uth01d 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- suDnortin~, 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. ['--] Board of Trustees I. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ~ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [--] (c) Permit, approval, licetise, certification: [5~ Nature and extent of action: The proposed action involves the construction of a "flagpole" monopole, which would have the antennas of New Cingular Wireless PCS, LLC concealed within. The proposed monopole would extend to a height of 100~-feet 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 lockable gate. Site acreage: .009± acres (l~l~sents proposed equipment area only). Present land use: commemial Present zoning classification: Marine II (MII) If an application for the proposed action has been filed with tt~e Town of Southold agency, the following information shall be provided: (a) Name of applicant: New Cinlgular 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 Department of Environmental Conservation Yes ~ Nol I If yes, which state or federal agency?(TidalWetlands?ermit) 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. ~Yes 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 propos~action consists of the disturbance of 0.009± acre, which is part of a parcel of land ' been developed to accomodate a -- ,mt and marina. Moreover, the design of the proposed facility, such that the anter~as would be concealed within a flagpole, would-~elp 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 [5~ 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 [5~ Not Applicable The proposed area of disturbance is only 0.0094- 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 [5~ 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 [5~ Not Applicable As the proposed faaility woold dist~ minimal amount of unvegetated land, it is a~ [ated that there would be no significant adverse impacts to any ecosystems, application to the New York State Department of Environmental Conservation will be made for a Tidal Wetlands perm it. As such, the applicant would comply 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 ~'~ $o[~ Not Applicable The proposed action involves the construction of an unmanned facility, thus no solid waste, hazardous substances or other wastes would be generated. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold See 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 property that is not utilized, it would have no impact on public access to or recreational use of, coastal water, public lands and public resources. Attach additional sheets if necessary WORKING COAST POLICIES suitable locations. See LWIection III - Policies- Pages 47 thrl 56 for evaluation criteria. 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~7]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 Gifiny Watral Amended on 8/1/05 TITLE Vice President, Planning DATEApri114, 2006 MU~NLEY~ MEADE, NIELSEN & l~l~ (631) 425°4100 (631) 425-4104 February 23, 2007 VIA UPS Mr. James King, President, and Members of the Town of Southold Board of Town Trustees Southold Town Hall Town Annex Building 54375 Main Road Southold, NY 11971 Board of Trustees Wetlands Application New Cingular Wireless PCS, LLC Proposed Wireless Telecommunications Facility Premises: 40200 Main Road (Route 25) Orient, New York SCTM#: 1000-15 -9-8.1 Dear President King and Board Members: On behalf of our client, New Cingular Wireless PCS, LLC, we respectfully submit, herewith, an original and two (2) copies of the captioned Board of Trustees Wetlands Application as follows: 1. Filing Fee Check made payable to the "Town of Southold" in the sum of $250.00; 2. Board of Trustees Wetlands Application, including photographs; 3. NYS Department of Environmental Conservation Permit No. 1-4738-00898/00018, including approved Site Plan; 4. LWRP Assessment Form. Thanking you for your courtesies, we remain MUNLEY, MEADE, NIELSEN & RE By: RyaavD . Ryan Dassau RD:db Enclosures -- EXISTING UTIUTY POLE #35 WITH OVERHEAD UTILITY LINES NEW TELCO CONDU~T TRENCHED UNDERGROUND FROM EXISTING UTILll'F POLE ~35 TO NEW DSC 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 CINDULAR EQUIPMENT PLATFORM EXISTING WOOD RETAINING WALL NEW 12'-0" NIGH ARBORVITIES NEW ClNGULAR EQUIPMENT CABINETS MOUNTED ON NEW ELEVATED GALVANIZED STEEL PLATFORM EXISTING VEGETATION TRAILER AND BOATS TO BE CLEARED PRIOR TO START OF CONSTRUCTION SITE PLAN NEW CINDULAR COAXIAL ANTENNA CABLES TRENCHED UNDERGROUND FROM NEW CINDULAR EQUIPMENT TO NEW RF COMPATIBLE FLAGPOLE SECTOR NEW CINGULAR 100'-~' HIGH RF COMPATIBLE FLAGPOLE AND ANTENNAS EXISTING SHORELINE WILLIAM F. COLLINS, AIA A R C H I T E C T $, LLP OF xx EXISTING VEGETATION /EXISTING PROPERTY OWNEO BY ORIENT POINT STATE PARK~ PAVED \\ j PARKING LOT- / EXISTING BUAT LAUNCH RAMP DASHED LINE REPRESENTS EXISTING BULKHEAD EXISTING EA~ ENTRANCE NOTE: GARDNERS B~ 4 l cin g NEW CINGULAR WIRELESS PCS, LLC. 5 ORIENT BY THE SEA RETAURANT NYCENY1059 / LI- 1059 40200 MAIN RD ORIENT POINT, N.Y. 11957 EXISTING WATER WELL LINE PROPERLY( LINE, TYP. RESTAURANT AND MARINE FUELING STATION NOTE: CONTRACTOR IS TO RESTORE ANY AREA WHICH IS AFFECTED BY THE INSTALLATION OF ANY ITEMS AND EQUIPMENT WITHIN THIS SCOPE OF WORK. NOT[; i CONTRACTOR TO PROVIDE SITE SPECIFIC SIDNAGE INI ACCORDANCE WITH CINDULAR PROJECT TECHNICAL I SPECIFICATION FOR SITE SIGNAGE DOCUMENT NO, 24897-011-000-3PS AO02 00015. NOTE: I 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: 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 SEALED DOCUMENTATION FOR THIS WORK SHALL BE FILED BY OTHERS. ]INGULAR WIRELESS PCS, LLC. SITE PLAN NYCENY1059 A- 1 D~.~o,o:] ,c~ 22 x 34 'D' 5~ZE