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