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HomeMy WebLinkAboutPB-01/09/2012PLANNING BOARD MEMBERS DONALD J. WlLCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, January 9, 2012 4:30 p.m. 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 R~CEiVED FEB 2 12 Southold Town Cleric Present were: Donald J. Wilcenski, Chair William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich III, Member Martin H. Sidor, Member Heather Lanza, Planning Director Bdan Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Donald Wilcenski: Good evening, and welcome to the regularly-scheduled Southold Town Planning Board Meeting. Our first order of business is to set the next Planning Board Meeting for Monday, February 6, 2012 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Public Meeting. William Cremers: So moved. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Donald Wilcenski: Motion carries. Southold Town Planninq Board PaRe Two January 9, 2012 PUBLIC HEARINGS 4:30 p.m. - MetroPCS NY at Jun.qe - This amended site plan is for a proposed 8' 6" pole extension to co-locate a wireless communication facility of 6 antennas (2 per sector) on an existing 100' 5" monopole, and install related base equipment in the LI Zoning District. The property is located at 21855 CR 48, +800' w/o Cox Lane, Cutchogue. SCTM#1000-96-1-19.1 Donald Wilcenski: At this time, I ask anyone in the audience to step up who would like to address the Planning Board regarding this application, please step forward to either microphone, state your name and address and write your name and address on the paper provided for the record. John Couqhlin, Esq.I ReI Nielsen, Huber & Cou,qhlin, 36 North New York AvenueI Huntinqton, NY, on behalf of the applicant, MetroPCS NY, LLC: Good afternoon, Mr. Chairman and members of the Board. As just summarized, MetroPCS proposes an extension of the existing monopole at the Junge property, 21855 County Road 48. MetroPCS is licensed by the FCC to construct, maintain and operate public utility wireless telecommunication systems in Suffolk County and throughout New York and is considered a public utility for zoning purposes. Pursuant to its licenses, MetroPCS strives to provide reliable services in the areas where it has licenses. At present, MetroPCS is unable to provide reliable service in the vicinity of the proposed facility. This proposal extending the existing monopole will allow MetroPCS to provide that reliable service that they are obligated to provide under their licensure. MetroPCS, as are the other carriers that are already located on the monopole, provides services that are extremely important, especially in times or in places of emergency when traditional land lines may not be available. As with the existing facilities that are on the premises, the site will be unmanned. It will be remotely monitored 24 hours a day, 365 days a year or 366 in leap years. There will only be a site visit approximately once every 4-6 weeks; there will be minimal impact on site circulation traffic and those other considerations. Additionally, as required by the FCC, MetroPCS has undertaken an analysis to make sure that the proposed facility will be compliant with FCC regulations about emissions from the facility. That study has been done and submitted to the Board. We have a witness here who can speak to that if there are any questions. Having demonstrated compliance with the appropriate regulation, the Telecommunications Act prohibits the Board from considering any health or environmental effects of the proposed facility. I have some individuals here this evening who can explain to the Board why the proposed facility is ideal from an engineering standpoint, from a planning standpoint, and how there is no impact on real estate values. A lot of material has already been submitted to the Board. I have a few more things that I would like to hand up and also to introduce the witnesses who are available this afternoon, but I would also like to point out that the Wireless Code that the Town has adopted and modified over the last 2+ years strongly encourages this type of proposal. An extension is favored over the construction of a new facility; an extension of 10' or less is favored under the Code. MetroPCS has gone back to the Southold Town Planninq Board Page Three January 9, 2012 drawing board so to speak several times to try and come up with the proposal that most closely satisfies Town's criteria as well as serving to satisfy the need for the facility in the area. With that introduction, let me tell you who is here this afternoon: Bob Toms, who is a professional engineer from MTM (Design Group, Inc.)-- the group that prepared the drawings that underlie the application--he is also the author of a letter that was filed with the Board last week that speaks to some of the engineering and design concerns that were raised in earlier work sessions. Additionally, Dave Karlebach is here: he is a Planner. Dave is available to testify that the proposal, if approved, would not result in substantial changes to the physical characteristics of the area. Mr. Karlebach has prepared a Planning Report; it's not part of the record yet, but I'd like to hand that up. Actually, before I do that, the next witness is Mike Lynch. He's a licensed real estate appraiser. He is available to testify giving his expert opinion that the proposal, if approved, would not have an impact on real estate values. Mr. Lynch has also prepared a report, so I'll hand these two documents up now. Additionally, Dave Karlebach is an FCC-compliant and radio frequency engineering emissions expert. He is the individual I spoke of a moment ago who prepared the analysis demonstrating that the proposal is fully compliant with FCC regulations. His report, which is in the record, analyzes all the existing facilities--those of AT&T, Nextel, T- Mobile and Verizon, as well as the proposed MetroPCS facility. Again, this report concludes that the facility will be well within (inaudible) FCC limits. Specifically, the report finds--assuming a 100% threshold--the calculation that the facility would be just over 2% of the FCC limit-almost 50X below the standard that the FCC has set. Finally, (inaudible) is here, he's a radio frequency engineer and he is available to discuss the need from an engineering standpoint for the facility and discuss the coverage that the proposed facility would provide. I know there's a lot of material that has been introduced. I'm not sure if the Board would like me to have each of these individuals come up and tell you a little bit about what they have prepared and their findings or if you would prefer to pose questions. Since this application has been in front of the Board at least in work session multiple times, I leave it to the Board's discretion as to how you wish to proceed. Donald Wilcenski: I'll ask the Board members: does anybody have any questions for any of the representatives? Heather? Heather Lanza: John, I have a question. Do you know the antennas that were put up on the Penny Lumber pole? They were flush-mounted. I was just wondering if someone could address why you wouldn't or couldn't do that here. John Cou,qhlin: Yes, I think that was a consideration that was discussed in the earliest pre-application conference that my office had with Planning staff. The flush mounting of the antennas by nature of what is proposed was contemplated but it would require a higher mount so that Metro could affix as many antennas. You can't flush-mount six antennas all at the same height. So, when it was discussed with you and Brian's predecessor, the determination was made that the Board would probably favor a lesser extension with the antennas mounted in a consistent fashion with what is already existing on the pole as opposed to a flush mount which might need to at least add five or six feet more to the extension than is already proposed. Mr. Karlebach is here--the Southold Town Planning Board Page Four January 9,2012 Planner--and the photo simulations that the Board already has. I think Dave's opinion--I could let him speak a little bit more that it's also more visually consistent with the existing structure and therefore more likely blends. Dave, do you want to come up? Donald Wilcenski: I think we have the pictures that you have on the poster? David Karlebach, 38 East Rid.qewood Avenue, Rid.qewood, NJ: Those are the same photographs. I did personally prepare that report. I did not prepare the photo simulations that are appended to the report, but I did have a chance to review them and I do believe them to be correct and accurate. I agree with the assessment that visually these are very much consistent and compatible with the existing antennas at the site. The antennas actually appear to be smaller than many of the antennas. These antennas are roughly 6-1/4" wide by 4-1/2' tall. I know there are antennas out there that are much wider. As I am looking at those photographs and I determine the field, they are rather small compared to some of the antennas at the site. Visually, I do think it's probably preferable not to increase the height of the tower by more than 8-1/2' and to keep what I'm going to call the side-arm mount design that supports all six antennas at one height rather than at various locations on the pole using multiple heights. I think the photo simulations speak for themselves. It's very difficult to discern the difference between the existing conditions and the proposed development, particularly at those locations further away from the site. Residents and passers-by are already acclimated to the presence of a very tall structure at this location and I don't believe the addition of six antennas is going to change their perception of the site in any way. I don't believe the visual quality of the site changes by virtue of this proposal, and I don't believe it causes any harm to the neighborhood whatsoever. Finally, the only other alternative would be a new single-use tower in this general vicinity. Of course, from a Planner's perspective, that's much worse and would have a far greater effect on the community. As the attorney said at the onset, this is exactly the type of proposal that the audience envisions: an extension of less than 10' collocating using the existing structure. It advances all the purposes of the wireless ordinance and I think is a very fine application. It's about the least intrusive method that this provider can use in order to provide service into this area. Donald Wilcenski: Thank you. Does anyone else from the Board have any questions or is there anyone in the audience who would like to speak on this application? Heather Lanza: I have one more question. John, you said that something was recently submitted addressing the gap again? If we have it all in writing, that's fine. John Cou.qhlin: Yes. The submission that was made on the 29th included a letter from Bob Toms, PE, talking about the feasibility of locating.., you have the pictures that I think identify (inaudible) at least one viewpoint zoomed in of that space in between Verizon and T-Mobile included with Mr. Toms letter. If you'd like to hear from Bob, he can give you his opinion as to why it wouldn't be feasible to locate in that space. But the letter I believe speaks for itself. Additionally, there is a supplemental affidavit that assumes it is feasible to locate in that spot. Even if it were, the engineer concluded that the loss in coverage moving down from the 111' center line down to 96 or 97' is a substantial amount of loss of coverage. The numbers that are included in the affidavits Southold Town Planning Board Page Five January 9, 2012 that were submitted are as follows: "assuming feasibility locating the facility at 96' would provide approximately 2.129 sq. mi. of reliable coverage at -85 dbms, which is MetroPCS' in-building coverage level. This proposal--the one that MetroPCS (inaudible)--would provide 3.183 sq. mi. of reliable coverage at that level. The proposed extension, therefore, provides an additional 1.054 sq. mi. of coverage. The engineer esteems that one square mile is a significant difference. Therefore, even if that space were feasible and available, it would not provide MetroPCS with the coverage that it needs. Yes, that's part of the December 29th packet. Heather Lanza: Thank you. Donald Wilcenski: Thank you. Does anyone else have any questions for the representatives or PCS? Does anybody from the audience have anything to add to this public hearing? Hearing none, a motion, please? William Cremers: I make a motion to close the hearing. James Rich: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Thank you very much, gentlemen, for coming. SET HEARINGS Currie, Lawrence - This proposed lot line modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6-19.2 decreases in size from 0.67 acres to 0.00 acres; SCTM#1000- 59-6-18.1 increases from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increases from 0.24 acres to 0.51 acres. The property is located at 8415 Soundview Avenue, +/- 101.85' n/e of Kenny's Road in Southold. Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, on June 30, 2011, the agent, Robert Barratt, PE., submitted an application for a Lot Line Modification on behalf of the owner, Lawrence Currie, Jr.; and WHEREAS, this proposed Lot Line Modification transfers 0.67 acres from SCTM#1000- 59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6- 19.2 decreases in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increases from 0.27 acres to 0.67 acres and SCTM#1000-59-6-19.1 increases from 0.24 acres to 0.51 acres; be it therefore Southold Town Planninq Board Page Six January 9, 2012 RESOLVED, that the Southold Town Planning Board sets Monday, February 6, 2012 at 4:30 p.m. for a public hearing regarding the map dated May 25, 2011, last revised October 18, 2011, prepared by Robert Barratt, PE. James Rich: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Any opposed? Motion carries. SparklinR Pointe Winery Addition - This proposed amendment to a site plan is for the addition of a 12'4" x 21'4" office along with the enclosure of an existing 56' x 50'6" area that currently operates as a paved outdoor crushing area and the addition of a 23'6" X 50'6" covered crushing pad, all for employee access only, to the existing tasting room site of Sparkling Pointe Winery on a 12.088-acre parcel in the A-C Zoning District. The property is located at 39750 CR 48, +682' e/o Ackerly Pond Lane and CR 48, Southold. SCTM#1000-59-10-1 James Rich II1: Mr. Chairman, I will offer the following resolution: WHEREAS, on November 29, 2011, the agent, Nancy Steelman, RA, submitted an application for an amended site plan on behalf of the applicant; and WHEREAS, this proposed amendment to a site plan is for the addition of a 12'4" x 21'4" office along with the enclosure of an existing 56' x 50'6" area that currently operates as a paved outdoor crushing area and the addition of a 23'6" x 50'6" covered crushing pad, all for employee access only, to the existing tasting room site of Sparkling Pointe Winery on a 12.088 acre parcel in the A-C Zoning District, Southold; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, February 6, 2012 at 4:32 p.m. for a public hearing regarding the amended site plan dated November 23, 2011, prepared by Samuels & Steelman Architects. William Cremers: Second the motion. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Any opposed? Motion carries. Southold Town Planning Board Pa.qe Seven January 9, 2012 Guadaqno, Patrick - This proposal is for a standard subdivision of a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres inclusive of a 2.5-acre building envelope and six acres of subdivision open space. The property is located at 2195 Orchard Street, on the n/s/o Orchard Street, approximately 1,008' w/o Platt Road in Orient. SCTM#1000-27-1-2 Martin Sidor: WHEREAS, on June 23, 2009, the agent, Scott Dobriner, Senior Environmental Planner, submitted an application for a standard subdivision on behalf of the owner, Patrick Guadagno; and WHEREAS, this proposal is for a standard subdivision of a 10-acre parcel into two lots where Lot I is 1.5 acres and Lot 2 is 8.5 acres inclusive of a 2.5-acre building envelope and six acres of subdivision open space; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, February 6, 2012 at 4:34 p.m. for a final public hearing regarding the map dated December 8, 2005 last revised December 7, 2011 prepared by John C. Ehlers, Land Surveyor. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Opposed? Motion carries. APPROVAL EXTENSIONS Latham~ Edward - This is a proposed clustered conservation subdivision of a 127-acre parcel into 2 lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres for agricultural uses only, and the remaining 10.05 acres will be restricted to agricultural use and is improved with agricultural buildings; and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage in the R-200 Zoning District. The property is located at 31900 Main Road, Orient. SCTM#1000-19-1-7.4 William Cremers: WHEREAS, this proposed standard subdivision will subdivide a 127- acre parcel into two lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres and is improved with agricultural buildings and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage in the R-200 Zoning District; and Southold Town Planning Board Page Eight January 9, 2012 WHEREAS, the Southold Town Planning Board granted Sketch Approval on July 13, 2009 upon the map entitled "Survey of Property Situate: Orient" dated November 19, 2006 prepared by John C. Ehlers, Land Surveyor; and WHEREAS, on January 6, 2010, the applicant submitted a request to the Southold Town Planning Board requesting a six-month Extension of Sketch Plan Approval granted on July 13, 2009 because survey work is still being prepared; and WHEREAS, Sketch Plan Approval expired on January 15, 2010; and WHEREAS, the Southold Town Planning Board granted a six-month Extension of Sketch Plan Approval from January 15, 2010 to July 13, 2010 upon the map entitled "Survey of Property Situate: Orient" dated November 19, 2006 prepared by John C. Ehlers, Land Surveyor, as permitted by Southold Town Code §240-14; and WHEREAS, Sketch Plan Approval expired on July 13, 2010; and WHEREAS, on July 11,2011, the applicant requested an Extension of Sketch Plan Approval to allow the applicant to address Health Department regulations; and WHEREAS, on October 17, 2011, the Southold Town Planning Board granted an Extension of Sketch Plan Approval through January 13, 2012; and WHEREAS, on December 21,2011, the applicant requested an Extension of Sketch Plan Approval to allow the applicant to address their pending Heath Department application; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an Extension of Sketch Plan Approval through July 9, 2012 upon the map entitled "Survey of Property Situate: Orient" dated November 19, 2006 prepared by John C. Ehlers, Land Surveyor, as permitted by Southold Town Code §240-14. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any questions? All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planning Board Page Nine January 9, 2012 SITE PLAN DETERMINATIONS North Fork Sanitation - This site plan is for a transfer station for construction demolition, scrap metal, damaged cars; dismantling with shipping off-site, refrigerators, stoves, wood, aluminum; parking of sanitation trucks, trucks, cars and dumpsters. The property is located at 8475 Cox Lane, Cutchogue. SCTM#1000-83-3-4.7 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, this site plan is for a proposed transfer station for construction demolition, scrap metal, damaged cars; dismantling with shipping off site, refrigerators, stoves, wood, aluminum; parking of sanitation trucks, trucks, cars and dumpsters; and WHEREAS, on February 27, 1995, the applicant submitted an application for site plan review; and WHEREAS, on April 10, 1995, the Southold Town Planning Board, pursuant to the State Environmental Quality Review (SEQR), (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration; and WHEREAS, on September 5, 1995, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on September 12, 1995, the Southold Town Planning Board granted Conditional Final Approval on the surveys dated April 13, 1995, conditions to be met: (1) Applicant must comply with recommendation of Cutchogue Fire Department, (2) Applicant must comply with recommendations of the Town Engineering Inspector as to drainage provisions, and (3) Applicant shall fence the property and install a sign at the entrance to indicate hours of operation and types of waste accepted and not accepted at the facility; and WHEREAS, on January 5, 2011, the Southold Town Engineer, Chief Building Inspector and Planning Staff reviewed the expired site plan for Final Approval in connection with the Conditional Final Approval originally granted. The Applicant had satisfied the conditions of the Cutchogue Fire Department and appropriate sign and fence installation; it was determined that additional information regarding drainage provisions was necessary to satisfy the conditions of approval; and WHEREAS, on December 6,2011, the Southold Town Engineer reviewed the above- referenced application and has determined the project to provide adequate drainage and the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and Southold Town Planning Board Page Ten January 9, 2012 WHEREAS, at a Work Session held on December 12,2011, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXIV, §280 - Site Plan Approval of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "North Fork Recycling" prepared by Sherman Engineering & Consulting, P.C. on September 27,2011, last revised October 18, 2011, and authorizes the Chairman to endorse the site plan. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? James Rich: Mr. Chairman, I wish to recuse myself from this vote. Donald Wilcenski: Jim Rich is recusing himself from this vote. With that said, all in favor? William Cremers, Kenneth Edwards, Martin Sidor: Aye. Donald Wilcenski: Motion carries. OTHER Plannin.q Board Vice-Chairman Donald Wilcenski: At this time I'd like to ask for a motion to appoint Jim Rich Vice- Chairman for the year 2012. William Cremers: So moved. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planning Board Pa.qe Eleven January 9, 2012 APPROVAL OF PLANNING BOARD MINUTES Donald Wilcenski: Also, I would like a motion to approve the Planning Board minutes of December 12, 20'11 and December 19, 20'1'1. William Cremers: So moved. Kenneth Edwards: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Does anyone on the Planning Board wish to add '.~ything to the minutes? William Cremers: I would like to wish Ken Edwards a happy birthday; his birthday is tomorrow. Donald Wilcenski: Happy Birthday, Ken. I would also like to on the record thank Martin Sidor for all his hard work and time and effort in showing me my way on the Planning Board and helping me out and gaining a friendship through it. Martin Sidor: Thank you and good luck. Donald Wilcenski: Thank you. I need a motion for adjournment. Martin Sidor: So moved. William Cremers: Second. Donald Wilcenski: Motion made and seconded. All in favor? Ayes. Donald Wilcenski: Motion carries. This meeting is adjourned. Southold Town Planninq Board Pa,qe Twelve January 9, 2012 There being no further business to come before the meeting, it was ADJOURNED at 4:55 p.m. (~nald J. ?.~ilcenski, Chair Respectfully submitted, Linda Randolph,"fT~nscribirfg SecreTary RECEIVED ~' FEB 8 2012