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HomeMy WebLinkAboutPB-09/17/2012PLANNING 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 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PUBLIC MEETING MINUTES Present were: Monday, September 17, 2012 6:00 p.m. Donald J. Wilcenski, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich Ill, Member Martin H. Sider, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary RECEIVED OCT 2 ~' 2012 wn berk SETTING OF THE NEXT PLANNING BOARD MEETING Don Wilcenski: Good evening ladies and gentlemen and welcome to the regularly- scheduled Southold Town Planning Board's September 17, 2012 Public Meeting. Our first order of business is to set Monday, October 22, 2012 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next Planning Board Meeting. William Cremers: So moved. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Pa,qe Two September 17, 2012 PUBLIC HEARINGS 6:00 p.m. - Barszczewskil Joseph Jr. - This site plan is for the proposed construction of a 50' x 75' (3,750 sq. ft.) storage building on a 9,375 sq. ft. parcel in the LI Zoning District. The property is located at 105 Lawrence Lane, _+240' west of NYS Route 25 and Lawrence Lane, Greenport. SCTM#1000-53-2-9 Donald Wilcenski: At this time, I would like to ask anyone from the audience if they would like to address the Board on this site plan application. If so, please step to one of the podiums, state your name and write your name for the record. Anyone? Jim Rich: I make a motion the hearing be closed. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. 6:02 p.m. - Neumann, James - This proposal is to subdivide a 24.9-acre parcel into five clustered lots and one Open Space Lot where Lot 1 equals 2.28 acres inclusive of .52 acres of Open Space; Lot 2 equals 3.49 acres inclusive of .50 acres of Open Space; Lot 3 equals 3.03 acres inclusive of .49 acres of Open Space; Lot 4 equals 3.01 acres inclusive of .53 acres of Open Space; Lot 5 equals 2.22 acres inclusive of .93 acres of Open Space and Lot 6 equals 10.09 acres of Open Space. The parcel is located in the R-80 Zone on the s/s/o Mill Road and adjacent to Mattituck Creek in Mattituck. SCTM#1000-107-1-1.3 Donald Wilcenski: At this time, I would like to ask anyone from the audience if they would like to address the Board on this application. If so, please state your name and write your name for the record. Thank you. Charles Cudd,/, Esq., for the applicant: I think the applicant has done everything that the Board has asked over the past two years or so. I would point out to you that we have even got the building envelopes coinciding with the primary clearing areas. So I think that we have worked out way through and I ask the Board to approve if you would. Thank you. Donald Wilcenski: Thank you, Charles. Southold Town Planninq Board PaRe Three September 17, 2012 Brendan Walsh, adiacent property owner: I just want to know--this seems to be an enormous project--there's only one road into the Neumann property right now and it's right at the edge of my property which is a little dirt road. If they are going to build all these houses, t just want to know how are they going to access. Are they going to go down this little dirt road which is going to be a pretty big deal for me--or are they going to build a new road that won't affect me? Donald Wilcenski: Sir, there are maps outside in the foyer that you can look at. Brendan Walsh: Yeah, I looked at it online. It seems to me like they're going to build a new road (inaudible) but I just want to make sure that all this construction--heavy duty stuff--is not rolling past my bedroom window every five minutes. That's all. Donald Wilcenski: OK, thank you. While that discussion's on, I will ask if anybody else would like to address the Board? James King, 220 East Mill, Mattituck: I am one of the property owners adjoining the Neumann property to the north. I have no objection to this; I think they have done a good job. They are good neighbors; I've known them for many years. My only concern is: I've looked at the drainage easement that's being imposed on them. In my mind, it's almost like the Neumanns are being held responsible for all the runoff that's coming down East Mill, and I think that's inappropriate. Most of it's farm field runoff from the north side. I think something should be done up there and not h01d them accountable for all the runoff that's resultant from that. It's simply not fair to them. Thank you. Donald Wilcenski: Thank you. Charles? Charles Cudd¥: I am just responding to the gentleman. He sees where the road is and it's not a problem. He thought it was in a different location. Donald Wilcenski: OK. Thank you. Does anybody else have any comments regarding James Neumann? Anybody from the Board or staff have any comments they would like to add? William Cremers: I make a motion to close the hearing. Kenneth Edwards: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Planning Board Pa.qe Four September 171 2012 Donald Wilcenski: Motion carries. I'd just like to add for the record that the Neumanns did a tremendous amount of work in setting up this subdivision. It's a beautiful piece of property and they spent a lot of time and a great deal of effort with their engineer working with us. They were very good with any of our requests. HEARINGS HELD OVER MetroPCS New York~ LLC at Baxter ~ This site plan & special exception proposal is for a 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. The property is located at 415 Elijah's Lane, on the northwest corner of the intersection of Elijah's Lane and NYS State Route 25, Mattituck. SCTM#1000-108-4-11.3 Donald Wilcenski: At this time, if anyone from the audience would like to address the Board in regard to this application, please step forward to one of the two microphones, state your name and write your name for the record. Hearing no one .......... William Cremers: I make a motion to close the hearing. Jim Rich: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. SET HEARINGS Terry Farm - This site plan is for the proposed construction of a 4,320 sq. ft. agricultural storage building in a 2.6-acre building envelope on a 32-acre agricultural parcel in the R-80 Zoning District. The property is located at 32210 Route 25, _+590' west of Windward Road and NYS Route 25, Orient. SCTM#1000-19-1-8.6 James Rich: Mr. Chairman, I offer the following resolution: WHEREAS, on August 16, 2012, the owner submitted an application for site plan review; and Southold Town Planning Board Pa.qe Five September 17, 2012 WHEREAS, this site plan is for the proposed construction of a 4,320 sq. ft. agricultural storage building in a 2.6-acre building envelope on a 32-acre agricultural parcel in the R-80 Zoning District in Orient; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, October 22, 2012 at 6:00 p.m. for a public hearing regarding the site plan for the Frederick Terry Farm, dated October 20, 2011, prepared by John C. Ehlers, Land Surveyor. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Thank you very much ladies and gentlemen. SUBDIVISIONS - PRELIMINARY DETERMINATIONS Colony Pond - This proposal is for a standard subdivision of a 13.540-acre parcel into five lots where Lot 1=0.8 acres; Lot 2=7.7 acres including a l-acre building envelope and 6.8 acres of preserved Open Space; and Lots 3, 4, & 5=0.7 acres in the R-80 Zoning District. The property is located on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in Southold. SCTM#1000-52-5-60.3 WHEREAS, this proposal is for a standard subdivision of a 13.540-acre parcel into five lots where Lot 1=0.8 acres, Lot 2=7.7 acres, including a one-acre building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 --0.7 acres in the R-80 Zoning District; and WHEREAS, on September 13, 2010, the Southold Town Planning Board reissued Conditional Sketch Approval originally granted on February 11, 2008 upon the map entitled "Road and Drainage Plan of Colony Pond" dated April 4, 2006 and last revised June 29, 2007 prepared by Jeffrey T. Butler, P.E.; and WHEREAS, on March 21,2011, the agent submitted an application for Preliminary Plat Approval, a Bond Estimate, a check in the sum of $1,000.00 and six prints of the Road and Drainage Plan; and WHEREAS, on May 31, 2011, the agent submitted a Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation (DEC); and Southold Town Planninq Board Page Six September 17, 2012 WHEREAS, on June 23, 2011, Planning Staff sent a referral to the Office of the Town Engineer to review Road and Drainage Plans; and WHEREAS, on July 7, 2011, the agent sent a request to extend Sketch Plan Approval; and WHEREAS, on July 11, 2011, the Southold Town Planning Board extended Conditional Sketch Approval to January 11, 2012; and WHEREAS, on July 25, 2011, the Southold Town Planning Board reviewed the application at their Work Session and agreed to conduct a site visit and to consider setting a Preliminary Plat Hearing; and WHEREAS, on September 12, 2011, the Preliminary Hearing was held and closed; and WHEREAS, on October 31,2011, the Southold Town Planning Board reviewed the application at their Work Session and reviewed the issues that were raised at the public hearing and requested changes to the plat; and WHEREAS, on March 22, 2012, the agent submitted a request for a Conditional Sketch Extension; and WHEREAS, on March 29, 2012, the agent submitted 12 paper prints of the Road and Drainage Plan; and WHEREAS, on April 10, 2012, the Planning Board, at their Public Meeting, extended Conditional Sketch Approval; and WHEREAS, on April 16, 2012, the Planning Staff sent a referral to the Office of the Town Engineer requesting review of the Road and Drainage Plans; and WHEREAS, on May 9, 2012 the Office of the Town Engineer reviewed the Road and Drainage Plans and offered comments; and WHEREAS, on June 4, 2012, the Planning Board, at their Work Session, reviewed the Office of the Town Engineer's comments and the revised plats; and WHEREAS, on June 6, 2012, the Greenport Fire District responded to the referral with comments; and WHEREAS, on July 18, 2012, Planning Staff sent a referral to the LWRP Coordinator, Suffolk County Department of Health Services, Suffolk County Planning Commission, and the Southold Fire District; and Southold Town Plannin,q Board Pa,qe Seven September 17, 2012 WHEREAS, on August 9, 2012, the agent submitted, as requested by the Planning Board, revised Preliminary Plat and Road & Drainage Plans; and WHEREAS, pursuant to Southold Town Code §240-17, Technical Requirements, this application meets all the requirements for Preliminary Plat Approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval on the map entitled "Colony Pond Preliminary Plat" dated April 29, 2006, last revised July 13, 2012, with the following conditions: 1. Remove the Zoning Information Table from the Final Plat. Pursuant to Town Board Resolution 2010-478, revise the Final Plat to show the water main extension from Bayview Avenue along Colony Pond Road extending no farther than the entrance to Colony Pond Court (or approximately 580 feet from Bayview Avenue). Submit a Stormwater Pollution Prevention Plan (SWPPP) and a SWPPP Acceptance Form acceptable to the Office of the Town Engineer and the Planning Board. Submit a Draft Open Space Easement pursuant to Section A106-49(C) of the Southold Town Code for the Open Space Area located on Lot 2. (The Planning Department will provide a draft Open Space Easement template.) 5. Submit Draft Covenants and Restrictions. (The Planning Department will provide a draft Covenants and Restrictions template.) 6. Identify the Open Space Easement Area with metes and bounds on the Final Plat. Exclude the Driveway Easement Area on the easterly property line from the Open Space Easement Area (but include in Lot 2) and note the area measurement in square feet of the Driveway Easement Area. Note on the Final Plat the buildable area measurement of the Open Space Easement Area and note the percentage of the total buildable area (it must be at least 60% of the total buildable area of the parcel). William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Planninq Board Pa.qe Eight September 17, 2012 Donald Wilcenski: Motion carries. SUBDIVISIONS - FINAL DETERMINATIONS Pekunka, Michael - This proposed lot line change will transfer 10.38 acres from SCTM#1000-53-1-6 to SCTM#1000-53-1-7. SCTM#1000-53-1-7 will increase from 1.74 acres to 12.12 acres and SCTM#1000-53-1-6 will decrease from 11.32 acres to 0.94 in the LI Zoning District. The property is located at 475 Pipes Neck Road on the e/s/o Pipes Neck Road, approximately 391 feet s/o the Main Road in Greenport. William Cremers: Mr. Chairman, I will offer the following: WHEREAS, this proposed Lot Line Change will transfer 10.38 acres from SCTM#1000- 53-1-6 to SCTM#1000-53-1-7. SCTM#1000-53-1-7 will increase from 1.74 acres to 12.12 acres, SCTM#1000-53-1-6 will decrease from 11.32 acres to 0.94 in the LI Zoning District; and WHEREAS, Southold Town is purchasing 10.38 acres for the purpose of land preservation; and WHEREAS, a Lot Line Modification Application was submitted on August 15, 2012; and WHEREAS, the Southold Town Planning Board reviewed the plans at their August 17, 2012 Work Session and accepted the application for review; and 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 Environmental Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. The Town of Southold is preserving 10.38 acres as open space, and the remaining 0.94 acre lot is already improved; 3. No changes will occur as a result of this lot line change that would adversely affect the character of the neighborhood; and Southold Town Planning Board Page Nine September 17, 2012 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, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: The transfer of land from an over-sized parcel (larger than the minimum zoning requires) where the over-sized parcel remains above the minimum lot size required, and where no new development potential will be created in the parcel to which the land is transferred; 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 Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration; Kenneth Edwards: Second the motion. 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 Planning Board hereby waives the requirements of Town Code {}240 to submit the ERSAP, Primary and Secondary Conservation Plans, the public hearing, Sketch Plan and Preliminary Plat steps; Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Page Ten September 17, 2012 William Cremers: and be it further RESOLVED, that the Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval; Kenneth Edwards: 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 grants Final Approval on the maps entitled "Clustered Re-Subdivision Situate: Arshamomoque" dated June 15, 2012 and last revised August 7, 2012, prepared by John C. Ehlers, Land Surveyor, and authorizes the Chairman to endorse the map. Jim Rich: Second. 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 north side of NYS Route 25, 4,848 feet e/o Kayleigh's Court in East Marion. SCTM#1000-23-1-14.7 Kenneth Edwards: Mr. Chairman, I will offer the following: WHEREAS, this proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,879 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft.; and WHEREAS, on August 13, 2012, the Southold Town Planning Board granted Conditional Final Approval on the map entitled "Final Plat Standard Subdivision Constantine Ioannou" dated September 7, 2000 last revised March 8, 2012, with conditions; and Southold Town Planning Board Pa,qe Eleven September 17, 2012 WHEREAS, on September 7, 2012, the agent submitted a filed copy of both the Covenants & Restrictions and the Road & Maintenance Agreement to the Planning Department; and WHEREAS, on September 11,2012, the Southold Town Board accepted the Bond No. 1058101386 in the amount of $86,745.00; and WHEREAS, all the conditions of Conditional Final Approval were met; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Approval on the maps entitled "Final Plat Standard Subdivision Constantine Ioannou" dated September 7, 2000 last revised March 8, 2012, and authorizes the Chairman to endorse the map. Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. APPROVAL EXTENSIONS North Fork Community Theater - This proposed lot line change will increase SCTM#1000-141-04-26 from 0.15 acres to 0.41 acres. SCTM#1000-141-04-32.1 will decrease from 2.613 acres to 2.35 acres. The property is located at 12700 Sound Avenue, on the south side of Sound Avenue, 197.02' east of Pacific Street in Mattituck. Jim Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposed Lot Line Change will increase SCTM#1000-141-04-26 from 0.15 acres to 0.41 acres. SCTM#1000-141-04-32.1 will decrease from 2.613 acres to 2.35 acres; and WHEREAS, on May 7, 2012, the Southold Town Planning Board granted Final Approval on the maps entitled "Lot Line Modification Map of Property situate Mattituck" dated February 2, 2010 and last revised January 14, 2011, prepared by Nathan Taft Corwin, III, Land Surveyor, and authorized the Chairman to endorse the map; and Southold Town Planninq Board PaRe Twelve September 17, 2012 WHEREAS, the applicant was required to submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval or such approval shall expire and be considered null and void; and WHEREAS, on June 26, 2012, the agent submitted a letter requesting an extension of sixty (60) days for the requirement of submitting recorded deeds to the Southold Town Planning Department; and WHEREAS, the Southold Town Planning Board granted a Sixty (60) Day Extension of the requirement to submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval; and WHEREAS, on September 11, 2012, the agent submitted a letter requesting an extension of sixty (60) days for the requirement of submitting recorded deeds to the Southold Town Planning Department due to Supreme Court approval issues; be it therefore RESOLVED, that the Southold Town Planning Board grants a Sixty (60) Day Extension of the requirement to submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval. This extension is granted for 60 days from the date of this resolution. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. SPECIAL EXCEPTION DETERMINATIONS MetroPCS New York, LLC at Baxter - SCTM#1000-108-4-11.3 Kenneth Edwards: I will offer the following resolution: WHEREAS, an application for a Special Exception & Site Plan for a co-location at an existing wireless communication facility was accepted for review on March 12, 2012, including a site plan prepared by MTM Design Group, LLC, dated June 9, 2010; and Southold Town Planning Board Paqe Thirteen September 17, 2012 WHEREAS, this application 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; and WHEREAS, on November 16, 2011, the application was referred to a technical consultant retained by the Town to assist in the review of wireless applications; and WHEREAS, on March 15, 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 April 5, 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 April 9, 2012, a public hearing was conducted and held open for the applicant to provide additional information on the safety of the existing structure and its ability to withstand the ten foot addition without potentially falling into neighboring residential properties; and WHEREAS, on April 9, 2012, 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 granted a Negative Declaration; and WHEREAS, on April 10, 2012, the technical consultant responded that the application met the Maximum Permissible Exposure as set by the FCC, as well as proving the need for the proposed antennas, however, the application did not meet structural requirements to ensure that were the structure to fail, it would not fall into the adjacent residential properties; and WHEREAS, on August 21, 2012, the applicant submitted revised structural drawings showing modifications to strengthen the base of the monopole to prevent it from falling into the neighboring residential properties should the structure ever fail. WHEREAS, on September 5, 2012, the revised structural drawings were reviewed and corroborated by an independent structural engineer retained by the Town; and WHEREAS, on September 14, 2012, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this Limited Business Zoning District; and Southold Town Planning Board Page Fourteen September 17, 2012 WHEREAS, on September 17, 2012, the Planning Board accepted the revised plans and the hearing was closed; and WHEREAS, on September 17, 2012, the General Requirements for Wireless Facilities in Town Code §280-70 were met; and WHEREAS, on September 17, 2012, the Southold Town Planning Board made a determination that the applicant has satisfied the requirements for a Special Exception pursuant to Town Code §280-142 based on the following: 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 over-all appearance. That all proposed structures, equipment and material shall be readily accessible for fire and police protection; and WHEREAS, on September 17, 2012, the Southold Town Planning Board reviewed the application to determine whether it met the additional standards for Special Exception Approval for a Wireless Communication Facility pursuant to Town Code §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; be it therefore RESOLVED, that the Southold Town Planning Board hereby finds and determines that the standards for Special Exception Approval have been met; Southold Town Planning Board Pa.qe Fifteen September 17, 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 the proposed 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; 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 after deliberation of the application and consideration of the above factors, the Southold Town Planning Board grants a Special Exception for the Wireless Facility co-location as shown in the site plan application for "MetroPCS @ Baxter Site #: NY7313", prepared by MTM Design Group, LLC, dated June 9, 2010 and last revised August 1, 2012. Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. New Cin.qular Wireless at MGH Enterprises - This revised site plan & special exception proposal is for the 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 Southold Town Planninq Board Pa.qe Sixteen September 17, 2012 William Cremers: Mr. Chairman, I will offer the following: WHEREAS, an application for a Special Exception & Site Plan Approval for a wireless communication facility was accepted for review on January 9, 2012, including a site plan prepared by William F. Collins, dated April 1, 2009; and WHEREAS, the Southold Town Planning Board reviewed the above-referenced request for a Special Exception 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, Orient; and WHEREAS, on January 31, 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, 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 March 12, 2012, a public hearing was held and closed; and WHEREAS, on March 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 August 8, 2012, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this Marine-II Zoning District; and WHEREAS, on September 17, 2012, the General Requirements in §280-70 were met; and WHEREAS, on September 17, 2012, the Southold Town Planning Board made a determination that the applicant has satisfied the requirements for a Special Exception pursuant to Town Code §280-142 based on the following: Southold Town Planninq Board Page Seventeen September 17, 2012 1. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. 2. 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. 3. 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. 4. That the use will be in harmony with and promote the general purposes and intent of this chapter. 5. 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 over-all appearance. 6. That all proposed structures, equipment and material shall be readily accessible for fire and police protection; and WHEREAS, on September 17, 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; 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; Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planning Board PaRe Eighteen September 171 2012 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; Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wiicenski: 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; Kenneth Edwards: 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 Facility as shown in the site plan application for "New Cingular Wireless/MGH Enterprises" prepared by William F. Collins dated April 1, 2009 and last revised August 11,2012. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planning Board Page Nineteen September 17, 2012 SITE PLAN DETERMINATIONS MetroPCS New York, LLC at Baxter - SCTM#1000-108-4-11.3 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; and WHEREAS, on September 30, 2011, the agent, John Coughlin, Esq., submitted an application for site plan review and special exception review; and WHEREAS, on November 3, 2011, the Southold Town Zoning Board of Appeals (ZBA) reviewed one (1) request for a variance from the Town Code for the above-referenced application: 1) height variance from the maximum code required height of 45 feet. The ZBA granted the variance as applied for with the following two (2) conditions: 1) The height variance granted in this decision is subject to the applicants receiving Site Plan and Special Exception Approvals and confirmation of the necessity of the proposed location and height, as per Town Code, from the Southold Town Planning Board and; 2) Red warning beacon shall be re-installed at the highest point of the pole below the height granted herein; and WHEREAS, at a Work Session on March 12, 2012, the Planning Board accepted the application for review; and WHEREAS, on March 15, 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 March 23, 2012, the Mattituck Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on April 5, 2012, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the above-referenced project and has recommended the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on April 9, 2012, a public hearing for the above-referenced site plan was held open and then closed on September 17, 2012 by the Planning Board; and WHEREAS, on April 17, 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 Southold Town Planninq Board Pa.qe Twenty September 17, 2012 WHEREAS, on April 23, 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 September 14, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the Limited Business Zoning District; and WHEREAS, at a Work Session held on September 17, 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, at their public meeting on September 17, 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 LWRP; Kenneth Edwards: 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 grants Approval with One (1) Condition to the site plan entitled "MetroPCS @ Baxter Site #: NY7313" prepared by MTM Design Group, LLC dated June 9, 2010 and last revised August 1, 2012, and authorizes the Chairman to endorse the site plan including the following six (6) plans: 1. T-1 Title Sheet 2. Z-1 Radius Map & Surrounding Information 3. Z-2 Site Plan & Zoning Information 4. Z-3 Proposed Equipment Off-sets 5. Z-4 Equipment Plan & Details 6. Z-5 Tower Elevation & Details Southold Town Planning Board Pa.qe Twenty-One September 17, 2012 The condition is as follows: · Prior to the receipt of a Certificate of Occupancy, the Applicant shall provide to the Planning Board documentation from the contractor that the construction and structural modifications to this facility were complied with as approved. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. New Cin.qular Wireless at MGH Enterprises - SCTM#1000-15-9-8.1. William Cremers: WHEREAS, this site plan application 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, Orient; and WHEREAS, on December 9, 2011, the agent, John Coughlin, submitted an application for site plan review and special exception review; and WHEREAS, at a Work Session held on January 9, 2012, the Planning Board accepted the application for review; and WHEREAS, on January 31, 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 22, 2012, the Orient Fire District determined there was adequate fire protection and emergency access for the site; and Southold Town Planning Board Pa.qe Twenty-Two September 17, 2012 WHEREAS, on February 22, 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 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, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and WHEREAS, on March 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 August 8, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the M-II Zoning District; and WHEREAS, at a Work Session held on September 17, 2012, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXlV, §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 September 17, 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, at their public meeting on September 17, 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; Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Pa.qe Twenty-Three September 17, 2012 William Cremers: and be it further RESOLVED, that the Southold Town Planning Board grants Approval with One (1) Condition to the site plan entitled "New Cingular Wireless/MGH Enterprises @ Orient By The Sea Restaurant", prepared by William F. Collins, AIA, dated April 1, 2009, last revised August 11, 2012, including the following five (5) plans: 7. T-1 Title Sheet 8. SP-1 Site Plan 9. SP-2 Enlarged AT & T Equipment Plan and general Notes 10. SP-3 Partial East Elevation, Antenna Plan & Antenna Details 11. SP-4 Antenna Details and authorizes the Chairman to endorse the site plan upon the condition being fulfilled to the satisfaction of the Planning Board. The condition is as follows: Note the fiber and page of the Covenants and Restrictions required to be filed with the Suffolk County Clerk regarding the landscaping maintenance on Page A-1 of the site plan. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Don Wilcenski: At this time I'd like a motion to approve the Board minutes of August 13, 2012. Jim Rich: I make a motion. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Southold Town Planninq Board PaRe Twenty-Four September 17, 2012 Ayes. Don Wilcenski: Motion carries. Donald Wilcenski: I need a motion to adjourn. Jim Rich: I make a motion to adjourn. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Have a good evening. There being no further business to come before the meeting, it was ADJOURNED at 6:23 p.m. Respectfully submitted, Donald J. Wilcenski, Chair RECEIVED OCT 2 3 2012 Southold Town Clerk