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HomeMy WebLinkAboutPB-03/12/2012PLANNING BOARD MEMBERS DONALD J~ WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR 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 PUBLIC MEETING MINUTES Monday, March 12, 2012 4:30 p.m. Present were: Donald J. Wilcenski, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich III, Member Martin H. Sidor, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING RECEIVED Il:bO Sd~hold Town' Clerk Don Wilcenski: Good aftemoon ladies and gentlemen, and welcome to the regularly- scheduled Southold Town Planning Board's March 12, 2012 Meeting. Our first order of business is to set Monday, April 9, 2012 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regularly-scheduled Planning Board Meeting. William Cremers: So moved. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion cardes. Southold Town Planning Board Pa.qe Two March 12, 2012 PUBLIC HEARINGS 4:30 p.m. - Twin Forks Landscape Contracting ~ This site plan is for the construction of a 6,000 sq. ft. addition to an existing 1,263 sq. ft. building having a total of 7,263 sq. ft. of building for a contractor's yard on a 1-acre parcel in the Light Industrial Zoning District. The property is located at 8405 Cox Lane, Cutchogue, +_560' s/e of Oregon Road. SCTM#1000-83-3-8 Donald Wilcenski: I am going to recuse myself and Vice-Chairman Jim Rich will preside. Jim Rich: At this time, I would ask anyone from the audience if they would like to address the Planning Board on the this issue, please step to one of the microphones, state and write your name for the record. If not ..... William Cremers: Mr. Vice Chairman, I will make a motion to close the hearing. Martin Sidor: Second. Jim Rich: Motion made and seconded. Any discussion? All in favor? Ayes. Jim Rich: So carried. I will revert the meeting back to the Chairman. Kenneth Edwards: I'd like to offer the following resolution: WHEREAS, this site plan is for the construction of a 6,000 sq. ft. addition to an existing 1,263 sq. ft. building having a total of 7,263 sq. ft. of building for a contractor's yard on a 1-acre parcel in the Light Industrial Zoning District; and WHEREAS, the applicant submitted an application for site plan review on November 12, 2009; and WHEREAS, at a Work Session held on February 6, 2012, the Planning Board accepted the application for review; and WHEREAS, on February 10, 2012, 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 Southold Town Planning Board Page Three March 12, 2012 WHEREAS, on February 10, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on February 16, 2012, the Southold Town Architectural Review Committee reviewed and determined that the proposed was acceptable; and WHEREAS, on February 20, 2012, the Cutchogue Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on February 23, 2012, the Suffolk County Planning Commission deemed the site plan application a matter for local determination as there appears to be no significant county-wide or inter-community impact(s); and WHEREAS, on March 6, 2012, 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 March 7, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has recommended that the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on March 8, 2012, 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 WHEREAS, on March 12, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the Light Industrial Zoning District; and WHEREAS, on March 12, 2012, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and WHEREAS, at a Work Session held on March 12, 2012, 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, pursuant to the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, made a determination of non-significance and grants a Negative Declaration; Southold Town Planning Board Page Four March 12, 2012 William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Approval with a Condition to the site plan entitled "Twin Forks Landscape Contracting" prepared by James J. Deerkoski on November 10, 2009, and authorizes the Chairman to endorse the site plan upon fulfillment of the following condition: Submit six copies of a revised site plan with the following revisions: Add a note on the plan that the "temporary storage greenhouse" will be removed upon completion of the new building. Show on the plan a minimum 4' landscaped buffer along the northwest property line. Clarify and include on the revised plan where the driveway access will be. A single access is recommended. The location and number of driveways must meet with the Planning Board's approval and the apron(s) must be constructed to meet the minimum requirements of the Town Highway Specifications or as directed by the Town Highway Superintendent. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Southold Town Planning Board Pa.qe Five March 12, 2012 Ayes. Don Wilcenski: Motion carries. 4:32 p.m. - T.K. Alpha, LLC - This site plan is for the proposed construction of a 2,475 sq. ft. mix-use building consisting of two store fronts for a 1,100 sq. ft. retail store and 1,375 sq. ft. restaurant. An existing 605 sq. ft. building is proposed to be removed on an 11,551 sq. ft. parcel located on the n/s/o Pike Street, approximately 100' e/o Love Lane in the Hamlet Business Zoning District in Mattituck. SCTM#1000-140-2-20 Donald Wilcenski: At this time, I would ask the audience if anyone would like to address the Board on this project. Mr. Broidy, please write your name for the record. Edward Broidy, applicant: I am proposing to build on Pike Street. I am hoping that this Board will approve it. Thank you. Donald Wilcenski: Would anybody else like to address the Planning Board at this time on the public hearing for T.K. Alpha? Yes? Michael Herbert, 795 Pike Street, Mattituck: I submitted a letter, along with my other neighbor, the Gildersleeves. Our main concern with the development of the property is the parking situation because Pike Street... As the area is being developed with the Pilates Exercise Studio and the growth of Love Lane, cars park along Pike Street because it's a narrow road. From Wickham Avenue to where the firehouse is halfway down Pike Street it's actually zoned "no parking." The balance of Pike Street--when cars are parked on the shoulders, it's very difficult and dangerous to navigate, not only for people driving going around town, but also for the fire department. So my main concern primarily really is the parking situation. I submitted a letter that Heather received and it explains clearly all concerns--primarily the parking situation. Donald Wilcenski: Thank you. We did get that letter and we will take that into consideration. Would anybody else like to speak on the public hearing of T.K. Alpha? Hearing or seeing none ...... William Cremers: I will make a motion to close the hearing. Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Planning Board Pa.qe Six March 12, 2012 Don Wilcenski: Motion carries. 4:34 p.m. - New Cin.qular WirelesslMGH Enterprises - This revised site plan is for the proposed construction of a 70' monopole wireless facility having internally mounted antennas at 67' and 57' for New Cingular Wireless along with related base equipment on a 400 sq. ft. area. The site includes an existing restaurant and boat marina on 4.7 acres in the M-II Zoning District. The property is located at 40200 NYS Route 25, +400' east of Cedar Beach Road, Orient. SCTM#1000-15-9-8.1 Donald Wilcenski: At this time, I'd like to ask if anyone from the audience would like to speak on behalf of New Cingular Wireless/MGH Enterprises. John Cou.qlin, attorney for New Cin.qular a/k/a AT&T: Good afternoon Mr. Chairman. I am here to speak to the Board about the application that we propose this afternoon. As summarized in the introduction just read, the proposal is for a 70' monopole at the premises and the installation of related equipment. The equipment is proposed to be located on a slightly raised steel graded platform above a concrete pad, and there is proposed fencing and landscaping--at least around some portion of the proposed equipment area. AT&T is licensed by the FCC to construct, maintain and operate a public utility wireless telecommunications network in Suffolk County and throughout the country. Pursuant to NYS law, AT&T is considered a public utility. As such, the services provided by AT&T have been deemed important to the community, especially in times or in places of emergency where traditional land lines may not be available. This proposed facility will be unmanned, but will be remotely monitored 365 days a year. There will be a site technician visit approximately once every 4-6 weeks; that generally takes place in a passenger vehicle. As such, this proposal will not have any significant impact on traffic--ingress or egress to the property. Additionally, a consideration that the (inaudible) AT&T in this particular context have to consider is compliance with FCC regulations regarding OIL? submission, in this instance, AT&T has retained a consultant who has done a compliance study. The Board already has a copy of that report as part of the application that was submitted, but that report does show that the proposed facility complies with all applicable FCC emissions regulations. I have a team of witnesses here this afternoon. Most of whom the materials have been submitted to the Board as part of the application requirement. I would like to introduce them and then have each one come up and tell you a little bit about their role in the design of the facility. The first is Nell MacDonald. He is a NYS architect--his firm is WFC. They drew up the plans that are before the Board and underlie the application. Additionally, Ginny Watral is here--she is a Planner. Ms. Watral and her firm have prepared a visual and planning analysis that is also part of the record application before the Board. She is available to testify about the proposal and potential impact on the neighborhood physical characteristic as well as the facility's Southold Town Planninq Board Pa.qe Seven March 121 2012 compliance with the wireless code special permit criteria. Dave Collins is here--the FCC compliance expert. He is the individual here to speak about the proposed facility's compliance with those FCC emissions regulations that I mentioned just a moment ago. To put a number on that, I'll let Mr. Collins address it a little bit more fully when he comes up. Assuming--and the calculations are much more elaborate that this---but if you assume that the threshold FCC has set for the facility is 100%, this facility, as analyzed by Mr. Collins, is approximately 2.065% of the FCC threshold--48 times below the applicable limit. That report was also filed previously with the Board. Mr. Michael Lynch is a NYS licensed real estate appraiser. He is actually the one individual who I have not yet submitted his report--it's not a code requirement--but what Mr. Lynch has analyzed and concluded in his report is that the proposed facility will not have a negative impact on real estate value. So I'd like to submit that. Finally I have Stephane Guillabert. He is a radio frequency engineer. He is the individual who prepared and signed the affidavit that is already in the record before the Board talking about AT&T's need for this facility. He is also the individual who prepared that series of maps showing the coverage that the proposed facility is expected to provide to the Orient community. Stephane is also here to talk a little bit more about that. Those materials were also filed with the application in December. That was really the introduction. What I'd like to do is have each of these individuals come up. I'd like to start with Mr. MacDonald. He can go through a little bit more detail of the design of the facility and show you on the display board that he has with him. Nell MacDonald, partner with WFC Architects, Setauket, NY: Our firm was brought on board by AT&T Wireless to design the site you see before you, provide layout for the site and determine locations for equipment and so forth. What we have done here is position the equipment towards the southern end of the property located on Main Road and installed a series of proposed outdoor equipment cabinets. These are radio cabinets each about the standard size of a refrigerator. They will be placed on top of a sealed platform. All the equipment is self-contained within the cabinets themselves; there is no need for an enclosed shelter where you would have air conditioning units and so forth. The radio cabinets feed the series of cables to a proposed monopole structure. It's actually a concealment pole, which basically self contains all of the antennas in the pole itself. So there is no outward appearance of cables, antennas, mounting brackets or other appurtenances. So all the antennas that AT&T proposes to be installed will be concealed from view within the cylindrical pole itself. The pole is approximately 70' tall; it's 48" at its base, 38" at the top. The pole is designed in accordance with all NYS-required code provisions for wind loading for this area. We have also determined that we can further design the base of the pole so that it is a collapsible pole to address any concerns with respect to fall zones--the pole can be designed to collapse upon itself. So, in essence, the bottom half of the pole is over- designed well beyond the requirements of the wind loading such that the pole itself would collapse and fold basically in half. Southold Town Planninq Board Pa.qe Eight March 12, 2012 John Cou.qhlin: To that point, you are familiar with this letter? Nell MacDonald: Yes. John Cou.qhlin: There was a letter from Valemont that was submitted to the Board. dated January 25th--it was submitted on February 2nd. It further speaks to the fall zone issue. It's signed by a NYS special engineer. But you (inaudible) that you are familiar with it. It's Nell MacDonald: That's correct. John Cou.qhlin: Do you agree with the conclusions of this letter? Nell MacDonald: I do. The equipment is going to be fenced in within an enclosure that's approximately 14' x 28'. It will be concealed on the west side with a series of plantings that will help screen it from view. As mentioned, it's an unmanned facility so there is no increase in traffic. The technician would visit the site typically in a passenger car or service van approximately once a month. The site uses no potable water; it produces no liquid or solid waste. (inaudible) from the site itself. Really that's it. It's a pretty straightforward installation. So if you have any questions, I'd be happy to answer those. John Cou.qhlin, attorney for the applicant: Mr. MacDonald, can you please speak to the future co-location capacity of this pole. Nell MacDonald: Sure. The pole itself would again be over-designed to allow for future carrier co-location installed in a similar manner contained within the pole itself. AT&T will be taking up the upper portion of the pole; however, the pole could accommodate additional antennas as well as an extension of the pole, should it be required for future carriers down the line. So, the monopole foundation and the structure itself would have adequate excess capacity for those arrangements. Certainly any application by another carrier to install additional equipment on the pole would itself need to come before the Board and seek its own approval. John Coughlin, attorney for the applicant: Mr. MacDonald, you are aware that the site is designed so that there is not landscaping on all four sides of the equipment area. Can you speak to that design issue? Nell MacDonald: Sure. Where it is situated on the lot, there are existing paved areas of parking which would prevent to a certain degree the installation of additional plantings. In addition, there are access requirements for the technician to get into the site itself. We did try and screen it to the park land side so that for the most part the Southold Town Plannin.q Board Pa.qe Nine March 12, 2012 only areas that it would be seen from--at least the equipment--is at the parking areas and the loading areas. Don Wilcenski: Thank you. Does anybody else have any questions? Anybody from the Board or staff? I have one question: do you have on the break point you talked about the (inaudible) being at the base. Where is the weakest point of the pole? Nell MacDonald: Typically it would be about 50' up or 20' down from the top of the pole. Again, that's to accommodate any theoretical possibility of it collapsing--it would collapse on itself. In reality, the structure is so designed with respect to wind modes, and history has really proven out that these structures are very reliable in high wind conditions due to their geometry and the lack of sail area that you would see on a structure like this. Don Wilcenski: Anybody else who would like to speak to the Planning Board? John Couqhlin, attorney for the applicant: I'd like to call my next witness, Ginny Watral, but I just would like to point out the reason why I asked Mr. MacDonald to address the landscaping design. As the Board is aware, the code has numerous provisions related to the required landscaping for a proposed wireless facility, but it also contains a provision that grants this Board the authority to grant waiver. Considering the site's design, the way the marina is laid out, we respectfully request waiver of full compliance and submit that the site has been designed with as much landscaping as can be afforded. Moving on, I'd like to have Ms. Ginny Watral come up. Ginny, if you would, introduce yourself. Ginny Watral, VHB Engineerin.q, Surveying & Landscape Architecture, 50 Joshua's Path, Hauppau.qe, NY 11788: Good afternoon. I am a Planning & Environmental Consultant and I have been doing that for almost 15 years. I have although not had the pleasure to appear before this Board, I have appeared before the Zoning Board of Appeals here in Southold and in front of most municipal boards throughout the towns, cities and many of the villages here on Long Island. We were asked by AT&T to evaluate the proposed facility and its location from a planning perspective to review the Town's wireless criteria and provide a consistency analysis therewith, as well as analyze potential visual impact associated with the facility. As Mr. Coughlin indicated, our report was submitted as part of the application and there is extensive analysis with your co-criteria contained therein. I don't want to belabor points; I'd be happy to go through it or just provide an overview. We feel from the information provided and the needs that AT&T must provide for its customers, in order to satisfy the service deficiency, the site has been located and designed in such a way to comply with the intent of your code and meet the needs of the carrier to provide service to its customers and it has been designed in such a way to be the least obtrusive and to comply again with the intent of your code to the greatest extent. We have analyzed the special Southold Town Planninq Board Pa.qe Ten March 12, 2012 exception criteria in the wireless section. Although the general standards for special use permit are not included in my report, I have reviewed them and I feel that this application also is consistent with that criteria. I feel that it would not have adverse environmental impact; it would not significantly alter the character of the area, and I feel that it is the least obtrusive means to meet this need. I do have a number of photographic simulations that were contained in my report in Appendix B. They are the same things that are on the presentation boards. I can go through them if you like, or not. I will leave it up to the Board since they are part of my report. Donald Wilcenski: We have them in our report. Are you finished? Ginny Watral: I am available for any questions. Donald Wilcenski: OK. Does anybody from the audience or Planning Board or staff have any questions for Ms. Watral? Heather Lanza: I have a question for John. My question--any maybe you answered it and I missed it--was: What if there was a co-location? John Couqhlin: I believe Mr. MacDonald spoke to that. This 70' pole, as I understand it, has been designed as if it were truly a 90' pole. The foundation and structural considerations take into account that facility could support up to two future 10' canisters up on top of the pole. The proposed pole is designed to accept those extensions. Obviously, any future co-locator would need to appear before this Board to obtain the appropriate approvals, and eventually other Boards as well. But it is designed for that. There is a co-location affidavit that was included in the application. I believe the drawings contain an express note that speaks to that issue as well. The next witness that I would like to have come up is Mr. Michael Lynch. Again, he is the New York State Real Estate Appraiser. I know that I have just submitted his report to the Board, but maybe Mr. Lynch can provide a summary. He is available for questions on those issues as well. Michael Lynch, State-Certified Real Estate Appraiser, 15 Dewey St., Huntin.qton, NY: Good afternoon Mr. Chairman and members of the Board. I have appeared before this Board in the past as well as other Boards within the Town over the years on various wireless applications. As Mr. Coughlin indicated, I did prepare a report. I inspected the property back in January; I took a series of photographs and I prepared my analysis. To just briefly go over the report again, it's a 70' proposed stealth monopole on a 4.7- acre M-II Zoning District. The parcel is flanked on its west by the Orient State Park and to the east by a Plum Island facility. Just to the east of the Plum Island facility is the Orient Point Ferry. The nearest residence is to the north approximately 860' away on the north side of Main Road. As Mr. MacDonald explained, the design of the stealth monopole would be such that the antennas themselves will be completely concealed. Southold Town Planning Board Page Eleven March 12, 2012 I have looked at other such facilities across Long Island as well as the East End of the Island. One of those particular stealth monopoles is highlighted in my report. I am sure the Board is aware of a 130' stealth monopole in the Cherry Creek Golf Club in Riverhead. Immediately to the east of that is a newer development--the Highlands at Reeves--which commenced construction in 2003. Those homes face the golf course and the 130' stealth monopole immediately to their east. Just to the east of that Highland at Reeves facility is another very similar development by the same builder, I believe, which also abuts a golf club. It's similar in almost all respects, but for the stealth monopole. The construction of those homes also commenced approximately in 2003 and continues to this day; I believe they are just finishing up the last few homes on that particular facility. I have summarized my findings in comparing the two developments on a per square foot basis of sales running from 2003 through 2011 and I found that on a per square foot basis, both the median and the average sale price of the two developments was very similar, and not appreciably different. Again, I have looked at other sites--not only monopole sites, but rooftop (inaudible) sites, water tank sites, lattice tower sites--and, given the proposed design on this particular property, given existing conditions--and again, my findings on other similar type sites including the Cherry Creek development--I don't feel this pole, if it is approved, would result in any altering of property values in a negative way. I can answer any questions if the Board has any at this point. Don Wilcenski: Anybody from the Board have any questions? Anybody from the audience have any questions for Mr. Lynch in regard to real estate? Thank you. Michael Lynch: Thank you. John Couqhlin: I'd just like to introduce Dave Collins, FCC Compliance, to come up and give you a brief summary of his findings and analysis. Dave Collins, Pinnacle Telecom Group: We specialize in assessing compliance with the FCC rules and regulations concerning exposure. We performed an assessment for this site using the FCC-approved engineering formula to determine the level. The standard, by the way, itself for the maximum permitted level is a very conservative number--only allows a very Iow level. And the methodology and the math formula is such that all the resultant answers are "worst case." So, it's the highest possible Radio Frequency Level that could be emanated from these antennas. The simplest way to describe it is as John did earlier--as a simple percentage. You make the calculations, convert them, it's a percentage of what's permitted for the particular frequency. In this case it's frequencies. FCC has licenses to operate in three frequencies. We performed all those calculations for each frequency, converted them into a percentage and then combined the percentages for each to give to by truly conservative. In this particular case, the maximum calculated value anywhere around the antenna site is 2.065% of Southold Town Planning Board Page Twelve March 12, 2012 the limit. That's equivalent to 48 times below the limit, so we are in compliance with the rules and regulations by a very large margin. That concludes my testimony. Donald Wilcenski: Thank you. Does anybody have any questions? Thank you. Dave Collins: Thank you. John Couqlin: The next individual I'd like to have come up and present--you do have his materials--it's Stephane Guillabert, he's the Radio Frequency Engineer to talk to you a little bit about the need for the proposed facility. Stephane Guillabert, Radio Frequency Engineer, Bectel Telecommuncations representing AT&T: Good afternoon. I have submitted to the Board a report showing some propagation maps. Basically, in Orient Point there is an existing gap at the tip of the island. It (inaudible) fire department in Orient Point in a flat pole at 75' and with an existing gap in Orient Point on Route 25 which is about a mile to 1-1/2 miles. With the proposed site, we basically want to eliminate the gap and provide coverage to the people living there and traveling there. I have some (inaudible) with me and the reports If you want me to go one at a time to explain what the gap is and where it is; how it will be resolved, I will be happy to do so; otherwise I can answer any questions the Board may have. Donald Wilcenski: What is the Board's favor? We have your information on file. So I think unless anybody else from the audience has any questions, I think the Board is fine with your testimony. Stephane Guillabert: Thank you. John Cou.qhlin: If I may just put a fine point in it, the size of the gap that you just mentioned a moment ago--the absence of coverage--in your professional opinion, is that a significant gap in coverage. Stephane Guillabert: That's correct, yes. John Cou.qhlin: Would the proposal serve to cure that significant gap in coverage? Stephane Guillabert: That's correct, yes. John Cou.qhlin: There are a couple of other items I would just like to highlight that are included in the application materials. Then, if the Board has any questions, we can address them. One of the Code requirements that an applicant is required to address is a priority listing of sites or alternatives that were considered before erecting a new facility or before proposing even a modification or a co-location to an existing facility. Southold Town Planning Board Page Thirteen March 12, 2012 We submitted a detailed affidavit; the appliant is Victoria Brennan. Ms. Brennan is not here; her associate Pat O'Rourke is here if there are any questions as to the sites that were considered and analyzed in that affidavit. But I believe it addresses each of those priority points. Again, we can go through it in more detail at the Board's pleasure. Additionally, I would just like to know--and I believe the Board is aware, but for purposes of the record: by nature of the design of the application, AT&T was required to also receive Zoning Board approval. Really for two reasons: one being the proximity to the Western Side Yards being only 7' approximately. And the other, the Wireless Code Chapter contains the provision that wireless facilities are required to obtain variances if they are within 500' of residential property. The Zoning Board heard and ruled on the application for release from those provisions and made a specific Finding. I am sure this is in the file, but the Zoning Board did find that the proposal will not result in an undesirable change in the character of the neighborhood or detriment of nearby property. Furthermore, that the benefits sought by the applicant cannot be achieved by some methods feasible to the applicant to pursue other than these variances. I know that's a separate release from that which we seek from this Board, but I think their findings are important because those considerations line up with several special permit considerations that this Board should consider it part of the application. Again, Ms. Watral has done a very thorough Code analysis of the Wireless Chapter. If I could just highlight a couple of additional points that are outside her area of expertise: one consideration is that FAA analysis be undertaken. The applicant has submitted the reviewing letter from FAA with a determination that this facility will not be hazard to air space. The fall zone letter we touched on with Mr. MacDonald, actually the compliance report we heard about. Again, the landscaping we would seek waiver from. And I think Mr. Guillabert's materials, although we could go through them one by one, considering the various revisions to the design that this proposal has undertaken from 2006 to date. This really is the lowest height that AT&T can work with, considering the three frequencies that it needs to provide coverage. I believe the maps bear that out. So again, by way of summary, this facility is the best way to provide the service AT&T needs in the area, the community needs in the area, and we seek site plan and special permit relief and waivers of any of the provisions that we do not satisfy--particularly landscaping. That is all. Donald Wilcenski: At this time, does anybody from the Planning Board have any questions for Mr. Coughlin? Does anybody from the audience have any questions for Mr. Coughlin or the Planning Board? Hearing none .... Jim Rich: I make a motion the hearing be closed. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Southold Town Planning Board Page Fourteen March 12, 2012 Ayes. Don Wilcenski: Motion carries. Thank you very much, gentlemen and Ms. Watrel. SET HEARINGS Knapp, Alfred & Mary - This proposed lot line change will transfer 11,578 sq. ft. from SCTM#1000-68-1-11 to SCTM#1000-68-1-13.3. Lot 11 will increase from 8.7 acres to 8.9 acres. Lot 13.3 will decrease from 3.79 acres to 3.52 acres in the R-80 Zoning District. The property is located at 3425 Soundview Avenue in Peconic. Jim Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, on February 27, 2012, Patricia Moore Esq., submitted a Suffolk County Department of Health approved plat on behalf of the owners, Alfred and Mary Knapp; and WHEREAS, this proposed lot line change will transfer 11,578 sq. ft. from SCTM#1000- 68-1-11 to SCTM#1000-68-1-13.3. Lot 11 will increase from 8.7 acres to 8.9 acres. Lot 13.3 will decrease from 3.79 acres to 3.52 acres in the R-80 Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, April 9, 2012 at 6:00 p.m. for a final public hearing regarding the map dated May 2, 2009, last revised October 20, 2010, prepared by John T. Metzger, Peconic Surveyors. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. De Art of Nature, LLC - This site plan is for a proposed 17,888 sq. ft. addition to an existing 37,183 sq. ft. glass greenhouse structure and two (2) new office trailers @ 720 sq. ft. each on a 5.8-acre parcel in the A-C Zoning District. The property is located at 23423 CR 48, _+900' east of Cox Lane and CR 48, Cutchogue. SCTM#1000-84-1-10.4 Southold Town Planning Board Pa.qe Fifteen March 12, 2012 Martin Sidor: WHEREAS, on January 25, 2012, the agent, Garrett Strang, submitted a site plan application for review; and WHEREAS, this site plan is for a proposed 17,888 sq. ft. addition to an existing 37,183 sq. ft. glass greenhouse structure and two (2) new office trailers @ 720 sq. ft. each on a 5.8 acre parcel in the A-C Zoning District, Cutchogue; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, April 9, 2012 at 6:02 p.m. for a public hearing regarding the site plan dated December 15, 2011 prepared by Garret[ A. Strang. Kenneth Edwards: Second the motion. Don Wiicenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. MetroPCS New York, LLC at Baxter - This site plan is for a proposed 10' pole extension to co-locate a wireless communication facility of 6 antennas (2 per sector) on an existing 108' monopole, and install related base equipment in an LB Zoning District. The property is located at 415 Elijah's Lane, Mattituck. SCTM#1000-108-4-11.3 William Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, on September 30, 2011, the agent, John Coughlin, submitted a site plan application for review; and WHEREAS, this site plan is for a proposed 10 ft. pole extension to co-locate a wireless communication facility of 6 antennas (2 per sector) on an existing 108 ft. monopole, and install related base equipment in an LB Zoning District on Elijah's Lane, Mattituck; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, April 9, 2012 at 6:04 p.m. for a public hearing regarding the site plan dated June 9, 2010 prepared by MTM Design Group, Inc. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Southold Town Planning Board Pa.qe Sixteen March 12, 2012 Ayes. Don Wilcenski: Motion carries. SUBDIVISIONS - FINAL DETERMINATIONS Scharf, Charles & Amy - This proposal is to transfer 48,211 sq. ft. from SCTM#1000- 81-3-25.1 to SCTM#1000-81-3-26. As a result, Lot 25.1 will decrease from 135,332 sq. ft. to 87,120 sq. ft. and Lot 26 will increase from 94,446 sq. ft. to 142,657 sq. ft. in the R-80 Zoning District. The property is located on Paradise Point Road, Southold. Kenneth Edwards: Mr. Chairman, I will offer the following resolutions: WHEREAS, this proposal is to transfer 48,211 sq. ft. from SCTM#1000-81-3-25.1 to SCTM#1000-81-3-26. As a result, Lot 25.1 will decrease from 135,332 sq. ft. to 87,120 sq. ft. and Lot 26 will increase from 94,446 sq. ft. to 142,657 sq. ft. in the R-80 Zoning District; and WHEREAS, an application for a lot line modification was submitted on July 9, 2009 by Patricia C. Moore for the property located at Paradise Point Road, Southold, SCTM#1000-81-3-25.1 & 26, in the R-80 Zoning District; and WHEREAS, on January 25, 2010, the Southold Town Planning Board, at their Work Session, reviewed the subdivision history and requested lot line change; and WHEREAS, on February 2, 2010, a letter was sent to the applicant requesting revised plats stating that the proposed lot line change submitted does not comply with the Southold Town Code and other applicable requirements for the following reasons: · The current application violates a condition required by the previous re- subdivision involving SCTM#1000-81-3-25.1 which was granted Final Approval on April 12, 2005. · This proposed lot line change would create an irregularly shaped lot; and WHEREAS, on June 24, 2010, the applicant's agent submitted 5 revised prints; and WHEREAS, on July 12, 2010, the Southold Town Planning Board accepted the revised maps for review; and Southold Town Planning Board Pa.qe Seventeen March 12, 2012 WHEREAS, on July 13, 2010, referrals were sent to the Southold Fire District, Suffolk County Planning Commission, and the Southold Town Office of the Town Engineer; and WHEREAS, on July 28, 2010, the Southold Fire District responded that there is adequate fire protection; and WHEREAS, on August 23, 2010, the Suffolk County Planning Commission (SCPC) responded with a decision of local determination; and WHEREAS, at the September 13, 2010 Work Session, the Southold Town Planning Board reviewed and accepted the referral comments from the Office of the Town Engineer, Suffolk County Planning Commission and the Fire District, and set a public hearing for October 18, 2010; and WHEREAS, on September 14, 2010, a letter was sent to the applicant requesting map revisions; and WHEREAS, on October 18, 2010, the public hearing was closed; and WHEREAS, on December 2, 2010, the applicant submitted 5 revised plats; and WHEREAS, on December 13, 2010, the Southold Town Planning Board reviewed and accepted the revised map submission with the requested changes; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, on January 11,2011, the Southold Town Planning Board issued a Negative Declaration on the above-referenced application; and WHEREAS, on February 27, 2012, the Southold Town Planning Board reviewed the application at their Work Session and requested that the applicant submit draft deeds and a plat endorsed by the Suffolk County Department of Health Services (SCDHS); and WHEREAS on March 8, 2012, the applicant submitted the requested draft deeds and a plat endorsed by the SCDHS; and WHEREAS, on March 12, 2012, the Planning Board, at their Work Session, accepted the submitted draft deeds and the plat endorsed by the SCDHS; and Southold Town Plannin.q Board Pa.qe Eighteen March 12, 2012 WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this lot line change that would affect the character of the neighborhood; and WHEREAS, the Planning Board has determined that the proposed action meets all the necessary requirements of Town Code §240 for a lot line modification; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. and be it further RESOLVED, that the Southold Town Planning Board grants Final Approval on the lot line application, including the draft deeds as submitted, and the map entitled "Re-Subdivision for Charles and Amy Scharf at Bayview" dated June 18, 2010, last revised December 2, 2010, prepared by John T. Metzger, Peconic Land Surveyors, P.C., and authorizes the Chairman to endorse the map. William Cremers: Second the motion. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Plannin.q Board Pa.qe Nineteen March 12, 2012 SUBDIVISIONS - APPROVAL EXTENSIONS James Creek Landing - This proposal is to subdivide a split-zoned parcel into five lots where Lot 1 = 89,257 sq. ft. inclusive of a 44,604 sq. ft. Open Space Easement Area; Lot 2 = 90,713 sq. ft. inclusive of a 50,351 sq. ft. Open Space Easement Area; Lot 3 = 237,667 sq. ft. inclusive of a 57,878 sq. ft. Open Space Easement Area; and Lot 4 = 159,987 sq. ft. inclusive of a 75,152 sq. ft. Open Space Easement Area in the R-80 Zoning District. Lot 5 = 77,747 sq. ft. inclusive of 14,596 sq. ft. of Open Space Easement Area and is located in the B Zoning District. The property is located on the w/s/o Main Road, approximately 280' s/o New Suffolk Avenue in Mattituck. SCTM#1000-122-3-1.4 Jim Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a split-zoned parcel into five lots where Lot 1 = 89,257 sq. ft. inclusive of a 44,604 sq. ft. Open Space Easement Area; Lot 2 = 90,713 sq. ft. inclusive of a 50,351 sq. ft. Open Space Easement Area; Lot 3 = 237,667 sq. ft. inclusive of a 57,878 sq. ft. Open Space Easement Area; and Lot 4 = 159,987 sq. ft. inclusive of a 75,152 sq. ft. Open Space Easement Area in the R-80 Zoning District. Lot 5 = 77,747 sq. ft. inclusive of 14,596 sq. ft. of Open Space Easement Area and is located in the B Zoning District; and WHEREAS, on February 13, 2006, the Southold Town Planning Board issued Sketch Approval upon the map prepared by Nathaniel Taft Corwin, Ill, L.S., dated July 12, 2005; and WHEREAS, the Planning Board agreed to retroactively extend Sketch Approval from August 13, 2006 to June 13, 2011; and WHEREAS, on March 29, 2011, the applicant submitted a Preliminary Plat Application; and WHEREAS, on April 14, 2011, the Southold Town Planning Board approved the Extension of Sketch Plan Approval to June 13, 2011; and WHEREAS, on June 13, 2011, the Sketch Approval expired; and WHEREAS, on June 27, 2011, a letter from the applicant requesting an Extension of Sketch Plan Approval was submitted to the Planning Board; and WHEREAS, that Sketch Plan Approval was extended to July 11,2011; and Southold Town Planning Board Pa,qe Twenty March 12, 2012 WHEREAS, on July 12, 2011, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the Preliminary Subdivision Plat entitled "Standard Subdivision of James Creek Landing", prepared by Nathaniel Taft Corwin, Ill, dated July 12, 2005 and last revised on March 12, 2011 with conditions; and WHEREAS, on January 12, 2012, Conditional Preliminary Plat Approval expired; and WHEREAS, on February 29, 2012, the applicant submitted a letter requesting a six month extension of Conditional Preliminary Plat Approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a six month Extension of Conditional Preliminary Plat Approval from January 11,2012 to July 10, 2012 upon the Preliminary Subdivision Plat entitled "Standard Subdivision of James Creek Landing" prepared by Nathaniel Taft Corwin, III, dated July 12, 2005 and last revised on March 12,2011. Kenneth Edwards: Second the motion. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Ioannou, Constantine - This proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft.; Lot 2 equals 124,679 sq. ft. inclusive of the 25' wide right-of-way; and Lot 3 equals 80,000 sq. ft. The property is located on the n/s/o State Road 25, 4,848' e/o Kayleigh's Court in East Marion. SCTM#1000-23-1-14.7 Martin Sidor: WHEREAS, this proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft.; and WHEREAS, on August 9, 2004, the Southold Town Planning Board granted Conditional Sketch Approval on the plat, dated as last revised September 7, 2000; and WHEREAS, on February 14, 2005, the Southold Town Planning Board granted Conditional Preliminary Plat Approval on the plat, dated as last revised February 25, 2004; and Southold Town Planning Board Page Twenty-One March 12, 2012 WHEREAS, the Southold Town Planning Board granted an extension of time for Conditional Preliminary Plat Approval effective from August 15, 2005 until February 15, 2006; and WHEREAS, in a letter dated January 11,2007, the agent indicated that the application remains pending in the Health Department at this time and, therefore, is requesting another extension of time in order to meet the conditions of Preliminary Plat Approval; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted an extension of time for the Preliminary Plat Approval effective from February 15, 2006 until February 15, 2007; and WHEREAS, on August 29, 2008, a letter was sent to the applicant stating that Preliminary Plat Approval had expired and that the applicant should re-submit an application and a second preliminary filing fee; and WHEREAS, on May 22, 2009, the applicant submitted a preliminary filing fee in the amount of $1,000.00; and WHEREAS, at the February 27, 2012 Work Session, the Planning Board found that they will consider issuing 2nd Preliminary Plat Approval upon the plat entitled "Minor Subdivision for Ioannou Constantine at East Marion" dated September 7, 2000 and last revised February 25, 2004, and use the $1,000.00 preliminary filing fee submitted by the applicant on May 22, 2009; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants 2nd Preliminary Plat Approval on the plat titled "Minor Subdivision for Constantine Ioannou at East Marion" dated September 7, 2000 and last revised February 25, 2004, prepared by Peconic Surveyors, P.C. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Pa.qe Twenty-Two March 121 2012 SPECIAL EXCEPTION DETERMINATIONS MetroPCS New York at Jun.qe - This special exception 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 a LI Zoning District. The property is located at 21855 CR 48, _+800' west of Cox Lane, Cutchogue. SCTM#1000-96-1-19.1 William Cremers: WHEREAS, an application for a Special Exception & Site Plan Approval for a public utility wireless communication facility was accepted for review on November 22, 2011, including a site plan prepared by MTM Design Group Inc., dated May 18, 2011; and WHEREAS, the Southold Town Planning Board reviewed the above-referenced request for a Special Exception 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 a LI Zoning District on CR 48, Cutchogue; and WHEREAS, on November 22, 2011, 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, the submission by the applicant has been reviewed and corroborated with an independent radio frequency engineer retained by the Town to assist in the review process; and WHEREAS, on January 9, 2012, a public hearing was held and closed; and WHEREAS, on February 23, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and had recommended the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on February 27, 2012, the General Requirements in 280-70 were met; and WHEREAS, on February 27, 2012, the Southoid Town Planning Board made a determination that the applicant has satisfied the requirements for a Special Exception pursuant to Town Code Section 280-142 based on the following: Southold Town Planning Board Pa,qe Twenty-Three March 12, 2012 That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. That the use will be in harmony with and promote the general purposes and intent of this chapter. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. That all proposed structures, equipment and material shall be readily accessible for fire and police protection; and WHEREAS, on February 27, 2012, the Southold Town Planning Board reviewed the application to determine whether it met the additional standards for a Special Exception Approval for a Wireless Communication Facility pursuant to §280-73B as follows: 1. Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. 2. The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. 3. There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives; and WHEREAS, on March 12, 2012, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this Light Industrial Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, made a determination of non-significance and grants a Negative Declaration; Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Planninq Board Pa,qe Twenty-Four March 12, 2012 Don Wilcenski: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby finds and determines that the standards for Special Exception Approval have been met; Martin Sidor.: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program as outlined in the memo prepared by the LWRP Coordinator; Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. William Cremers and be it further RESOLVED, that after deliberation of the application and consideration of the above factors, the Southold Town Planning Board grants a Special Exception for the Wireless Co-location Facility as shown in the site plan application for "MetroPCS Co-location" prepared by MTM Design Group, Inc., dated May 3, 2011, and last revised May 18, 2011. Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Page Twenty-Five March 12, 2012 SITE PLAN DETERMINATIONS MetroPCS New York 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 a LI Zoning District. The property is located at 21855 CR 48, _+800' west of Cox Lane, Cutchogue. SCTM#1000-96-1-19.1 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, 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 a LI Zoning District on CR 48, Cutchogue; and WHEREAS, the applicant submitted an application for site plan review and special exception review on August 15, 2011; and WHEREAS, at a Work Session on November 22, 2011, the Planning Board accepted the application for review; and WHEREAS, on January 9, 2012, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and WHEREAS, on February 10, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on February 17, 2012, the Cutchogue Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on February 23, 2012, the Suffolk County Planning Commission deemed the site plan application a matter for local determination as there appears to be no significant county-wide or inter-community impact(s); and WHEREAS, on February 23, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has recommended the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on February 27, 2012, 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 Pa.qe Twenty-Six March 121 2012 WHEREAS, at a Work Session held on February 27, 2012, 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; and WHEREAS, the Southold Town Planning Board, in their Special Exception Approval resolution on March 12, 2012, and pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, granted a Negative Declaration for this Unlisted Action; and WHEREAS, on March 12, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed amended site plan as a permitted use in the A~C Zoning District; and WHEREAS, at their public meeting on March 12, 2012, the Planning Board granted approval to the Special Exception application for this site; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Approval with a Condition to the amended site plan entitled "MetroPCS Co-location" prepared by MTM Design Group, Inc. on May 3, 2011, last revised on May 18, 2011, and authorizes the Chairman to endorse the site plan including the following six plans: 1. T-1 Title Sheet 2. Z-1 Vicinity Plan 3. Z-2 Site Plan and Zoning Information 4. Z-2A Proposed Equipment Setbacks_ 5. Z-3 Partial Site Plan and Equipment Plan 6. Z-4 Monopole Elevation and Details Southold Town Planninq Board Page Twenty-Seven March 12, 2012 The condition is as follows: Prior to a building permit being issued, ensure the osprey nest located on top of the existing monopole is removed in accordance with ali state and federal requirements. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Sparklin.q 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' east of Ackerly Pond Lane and CR 48, Southold. SCTM#1000-59-10-1 Jim Rich: Mr. Chairman, I will offer the following: 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; and WHEREAS, the applicant submitted an application for site plan review on November 29, 2011; and WHEREAS, at a Work Session held on December 19, 2011, the Planning Board accepted the application for review; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (7) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (7)"construction or expansion of a primary or accessory/appurtenant, non- Southold Town Planninq Board Pa.qe Twenty-Eight March 12, 2012 residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls..." and not subject to review under SEQRA; and WHEREAS, on January 11,2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on January 19, 2012, the Southold Town Architectural Review Committee reviewed and determined that the proposed addition was acceptable; and WHEREAS, on January 25, 2012, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, this action is exempt from review by the Suffolk County Planning Commission because the "...site plan proposes less than 5,000 sq. ft. of new or renovated floor area..." and is identified as a matter of local determination; and WHEREAS, on February 6, 2012, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and WHEREAS, on February 24, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has recommended that the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on February 27, 2012, 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 WHEREAS, on March 12, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed amended site plan as a permitted use in the A-C Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for site plan applications where doing so would not have a detrimental effect on the public health, safety or general welfare, and will not have the effect of nullifying the intent and provision of the Site Plan Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for additional parking; the application is for an addition that will not be open to the public or generate more vehicular traffic than the site already attracts; and Southold Town Planning Board Page Twenty-Nine March 12, 2012 WHEREAS, at a Work Session held on February 27, 2012, 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 hereby waives the parking requirements as noted above; Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Jim Rich: and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Jim Rich: and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the amended site plan entitled "Sparkling Pointe Addition" prepared by Samuels & Steelman Architects on November 23, 2011, and authorizes the Chairman to endorse the site plan. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Page Thirty March 12, 2012 SITE PLAN APPROVAL EXTENSIONS - Tabled Matt-A-Mar Marina Expansion - This amended site plan is for a new boat storage building of 28,480 sq. ft. and a new two-story office of 6,778 sq. ft. on an 8.5~acre parcel in the M-II Zone located on the w/s/o Wickham Avenue, approximately 210' n/o Freeman Avenue, known as 2255 Wickham Avenue, in Mattituck. SCTM1000-114-3-1 OTHER Waiver of Subdivision Review Selwyn, Marianne, Melanie, Michael - This is a proposed 2-lot subdivision where Lot 1 is 12,803 sq. ft. and Lot 2 is 12,924 sq. ft. The ZBA has granted an area variance for this property located at 200 Three Waters Lane, Orient. SCTM #'s 1000-15-6-28 & 29 Martin Sidor: WHEREAS, this is a proposed 2-lot subdivision where Lot 1 is 12,803 sq. ft. and Lot 2 is 12,924 sq. ft.; and the ZBA has granted an area variance for this property; and WHEREAS, on December 1,2011, the Zoning Board of Appeals requested comments from the Planning Board for the above-referenced application; and WHEREAS, on January 4, 2012, the Southold Town Planning Board responded to the request for comments with no objections; and WHEREAS, at the January 19, 2012 Zoning Board of Appeals Findings, Deliberations and Determinations meeting, the ZBA granted the requested area variances; and WHEREAS, on February 9, 2012, the applicant sent a letter requesting that the Planning Board take no further action on the above-referenced property because the Board had previously approved the Orient-by-the-Sea Section I subdivision plat; and WHEREAS, pursuant to §240-57, waiver, adjustment of property lines of the Southold Town Code, '% re-subdivision of nonconforming lots shown on a subdivision map approved by the Planning Board after April 9, 1957, and filed in the office of the Suffolk County Clerk or the Town Clerk, but not held in single-and-separate ownership. However, the re-establishment of the right to build on said lots shall require variance relief from the Zoning Board of Appeals"; and Southold Town Planning Board Page Thirty-One March 121 2012 WHEREAS, the original subdivision plat entitled "Orient-By-the-Sea Section One situate at Orient Point" was approved by the Planning Board on October 23, 1957 and filed with the County Clerk on November 21, 1957; and WHEREAS, at the February 27, 2012 Work Session, the Southold Town Planning Board reviewed the application and found that it was eligible for a waiver of subdivision review; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives the subdivision review on the plat entitled "Map of Properties at Orient Point" dated November 17, 2011 and last revised November 21,2011 prepared by Peconic Surveyors, P.C., pursuant to §240-57 of the Southold Town Code. Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Don Wilcenski: I need a motion needed to approve the Board minutes of February 6, 2012. Jim Rich: I make a motion. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. I just want to make a note that we will be moving the next meetings: the Work Session will be going back to 4 p.m. and they will be held here. The Public Hearing will be at 6 p.m. Does anybody have anything to add to the minutes? Hearing none .... James Rich: I make a motion for adjournment. Southold Town Planning Board Pa.qe Thirty-Two March 12, 2012 Martin Sidor: Second. Don Wilcenski: Motion made and seconded. All in favor? Ayes. Don Wilcenski: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 5:30 p.m. Respectfully submitted, Linda Randolph, Transcribing Secretary Donald J. Wilcenski, Chair RECEIVED ~- _~ ~ /,,'; ~¢, ~ .. APR 1 2 2012