Loading...
HomeMy WebLinkAboutWireless Communication Amendment SOUTHOLD TOWN BOARD PUBLIC HEARING January 28, 2014 4:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was reconvened at 4:53 PM SUPERVISOR RUSSELL: What we did was we covered the text of the proposed local law two weeks ago. We left the hearing open to give you the opportunity to come up and present your arguments and concern to the Town Board. We can resume that at this time, so you should feel welcome. Whoever would like to go first, please feel free. JIM GRATHWOHL: Thank you again for your time this morning. I am Jim Grathwohl, I am chairman of the Southold Town Landmarks Preservation Commission and I am addressing the Board although we addressed them this morning (inaudible). I don't want to repeat it all but we had a very productive meeting this morning with the Town Board, so now all I am going to do is cover a few of the highlights and let you, let it sink in a little more. The Landmarks Preservation Commission is aware that this, it's just the beginning of the process for approving the proposed cell tower here on Town Hall property or it is just behind the Town Hall. I will say upfront because several people have mentioned this to us, although we share the concerns of residents, neighbors, other town residents about the health hazards of cell towers, that is not our purview. We are the Landmarks Preservation Commission and by law, we cannot discuss the health hazards. Other people certainly can do that. We have discussed as I said this morning, our concerns with both the FCC and the New York State Historic Preservation office and they have provided us guidance on this issue which we have followed. Again, our concerns are not about the cell tower itself, although its proposed location is on a registered town historic site. We understand as many people do, the need for clear and effective wireless communications especially in Southold hamlet but not at Town Hall in the Southold national historic district. I underscore, as I said again this morning, it sets a very bad precedent that laws can be changed, either to gain additional income without regard to preserving the town's historic landmarks. The proposed cell tower also would have an adverse on the registered town hall historic site and the adjacent historic district. The Landmarks Preservation opposed the proposed amendments the Chapter 280-75 and we have had a resolution on that issue which you folks now have. And I Amendments to Ch 280, Wireless Communications Facility Continuation of Public Hearing 2 guess I close by saying that the current code is effective and should not be changed. Thank you very much for your time and attention again. SUPERVISOR RUSSELL: Thank you. Thank you very much, Jim. Who else would like to address the Town Board next? CATHERINE HARPER: Catherine Harper, Mattituck. Each of you has the opportunity and the authority to insure that Southold Town continues the protection that we owe to our national historic landmark district by voting no on the proposed law whose purpose is to amend provisions regarding siting rules, paving the way for a wireless communication facility to be raised on land designated within the national historic district. By voting against this proposed law, you respect who we Southolder's have been in the past as evidenced by the historic structures that are our proud heritage. By voting against the law, you honor the essence of who Southolder's are today; caring stewards of the rich architectural treasures that we have inherited. By voting against this law, you safeguard the future for our children, preventing any similar misguided attempts at ruining the character of our area. I ask you to envision a cell tower at the middle of the battlefield at Gettysburg. Imagine a cell phone tower stretching up alongside the Washington monument. Picture Mount Rushmore with a cell tower spiking out Jefferson's head. Now try to see Lady Liberty not holding not a torch but a cell tower. If you find these ridiculous, I challenge you to explain why a cell tower looming along Southold's historic corridor is any less absurd. Not only do I fail to comprehend the justification of passing a law permitting a cell phone tower to blight an historic district, I cannot fathom what you are telling yourselves to rationalize the health risks posed by a cell tower on a site behind Town Hall and to close proximity to a school. Again, you have the opportunity and the authority to avert needless suffering for our children. With your no vote, you can eliminate the threat of a major health threat for the thousands of student who over the years will be vulnerable to the cell towers RF radiation emanating in the school's direction. We were once naYve enough to believe that asbestos and cigarettes were harmless, how confident are you that RF radiation isn't similarly hazardous? The proposed law is a bad law and the site behind the town hall is the wrong site. I urge you to vote against this proposed law and against the ensuing desecration of the historic district and against the consequentially dire health risks with which you would jeopardize our children. Thank you. SUPERVISOR RUSSELL: Who would like to go next? ANNE SURCHIN: Anne Surchin, Southold. I just want to make two points in all of this. There was some discussion about whether this is spot zoning or not, on this particular situation and this afternoon I sort of went online and looked around and this is from the legal dictionary on spot zoning `the granting to a particular parcel of land a classification concerning its use that differs from the classification of other land in the immediate area, spot zoning is invalid because it amounts to an arbitrary, capricious and unreasonable treatment of a limited area within a particular district and is therefore a deviation from the comprehensive plan'. Now I am sure there are other definitions as well but personally I think this is spot zoning. That's one thing that I wanted to bring to your attention, I thought maybe reading a definition from a legal dictionary would be some food for thought. The other thing that bothers me is that when you think about Amendments to Ch 280, Wireless Communications Facility Continuation of Public Hearing 3 what zoning is really about, its inherent basic purpose and why it was devised in the first place going back to the case of Euclid, it is about the protection of health, welfare and life safety. And also the protection of property values. So here we are taking a part of our code and we are really unzoning it and we are getting away from what it means to have zoning in a way by putting this into our code and I find that deeply disturbing, it is not that zoning ordinances can't change but when you think of the basic tenets of what zoning is about, this falls far short of the mark, this change. Thank you. SUPERVISOR RUSSELL: Who would like to go next? JAMIE GARRISON: I am Jamie Garrison with the Landmarks Commission. I would like to make one proposal with a minor change, that we change in D, 2 D, change the word Planning Board to Landmarks Commission. I think that allows you to study the work, allows you to get involved in it, everything that you want to do but it allows the Landmarks Commission which is the appropriate commission to review the work, to review the work and to make recommendations. SUPERVISOR RUSSELL: Thank you. Who would like to go next on this? ROBERT HARPER: Good evening. My name is Robert Harper and I am also with the Landmarks Commission but as I said last time, my views here are as a private citizen and not necessarily the views of the commission. As a matter of fact, I wasn't sure these were my views until about two hours ago. Here goes, I have been a preservationist all my life. I was born in Brooklyn, in a brown stone, where my earliest memories were filled with Victorian plasterwork. When I was little I wouldn't use my crayons because I wanted to save them just the way they were. When my family left the city for East Meadow, there were vestiges of an earlier time. There were farm houses, open fields, Victorian houses. Now when I go back, it's all gone. Replaced by a veritable nightmare of strip malls and tacky boxes. So as you can see, I am not I am not a native of Southold, my ancestors waited for a ship that had enough lifeboats before coming over here. But sometimes it takes outsider to realize what a local might take for granted. I chose Southold because it was different, it was special. Whenever guests come to our house and ask us how our town escaped the fate of so much of the rest of Long Island, I tell them that we learned the lessons from East Meadow and Route 58 and even the Hamptons. With those places as an example, we could see into the future and avoid the pitfalls of becoming another generic suburb or a version of New York City. I also tell them we have leaders who have the foresight to enact laws that protect the assets that make Southold unique. Tonight you are proposing the change to one of those laws that will undermine the very concept of what a national historic district is. Are you going to be the first ones to push over the domino? An equally important concern to me as a former teacher is the potential health risk to our children. According to mapquest, the nearest school is less than ''/s of a mile away. Earlier today, I emailed each board member and every PTA parent links to what I consider the definitive studies on RF radiation and its links to cancer. One study, which is referred to as the German study because it was done in Germany, found the cancer risk was more than triple for those living close to a cell tower. The other called the Israeli study for obvious reasons, found a four-fold increase in the risk of cancer being close to a cell tower. Inconclusive, I have heard that word many times, Amendments to Ch 280, Wireless Communications Facility Continuation of Public Hearing q perhaps would you board a plane if the pilot said it was inconclusive as to whether you would land safely at your destination? I have also heard that correlation doesn't imply causation. Not necessarily. But sometimes it does. One final point, after this morning's meeting I drove around Southold trying to find the dead spots in cell phone coverage. I went to Founders Village first because I spoke with a gentleman there earlier whose concern was if his power goes out, the residents of Founders Village would not be able to get emergency services if they needed it. from there, I was able to place a cell phone call to my own home. Next I continued north to Horton Point lighthouse where I expected not to find any coverage. There I had three bars without losing any reception along the way. Maybe the solution to this is as simple as switching to Verizon. I thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this issue? Marie? MARIE DOMENICI: Marie Domenici, Mattituck. After the last meeting, I went to the website of the FCC and I looked at their mission statement. And their mission statement does not make any correlation to health or health issues or concerns. So basically with the FCC all they are is a conduit by which corporate America can jam stuff down this communities throat or any other community that might have concerns about EMF and radiation concern. So I think that if you need someone that is going to have the bandwidth to understand the health issues which they blatantly not take into consideration, I don't see how we can protect ourselves if they take away your right as a Board and the town to govern how many of these cell towers are going to be jammed down our throats. And putting all of us at risk. The other thing is at the last meeting I mentioned the fact that the police department has that cell tower adjacent to the building and I recommended maybe you check to see what the health issues, if there are any there, have you had any time to investigate that? SUPERVISOR RUSSELL: In two weeks? No. MS. DOMENICI: Okay. That would be very revealing and maybe that would help make some decisions, you know, help you guys make some decisions as to how many, you know, cell towers would be enough cell towers in this community. So that is my only question. So at some point, Scott, hopefully I could follow up with you and maybe have that information. Okay? Alright. Thank you for your time. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular issue? ROBERT DUNN: Robert Dunn, Peconic. I am a little confused over a lot of stuff over the last two weeks. There is a need for a cell phone tower in the hamlet? SUPERVISOR RUSSELL: Yes. MR. DUNN: Does that mean the historic district? Amendments to Ch 280, Wireless Communications Facility Continuation of Public Hearing 5 SUPERVISOR RUSSELL: No, the historic district is a very small subset of the hamlet itself, or the identified area, the hamlet district is like this... MR. DUNN: So the hamlet is a little bigger than... SUPERVISOR RUSSELL: Yes. Substantially. Substantially bigger. MR. DUNN: But the bottom line is, if it went anywhere in the hamlet, you really are not going to get out of the wave distance potential that people are worried about. SUPERVISOR RUSSELL: You would have to ask, or Jim is an expert on this. MR. DUNN: The signal was basically going to be the same. The umbrella or the signal, if it is in the hamlet, it is about the same that it would be if it was in the historic district, correct? COUNCILMAN DINIZIO: Well, yes. They can put it 50 feet from here, it would basically be the same. MR. DUNN: And as far as the kids, how many kids are in the, could you take a guess in the school? SUPERVISOR RUSSELL: In Southold? I have a pretty good handle on my alma mater, Mattituck, but I don't know what Southold's population.... COUNCILMAN DINIZIO: Probably 600 or 700. SUPERVISOR RUSSELL: Yes probably 600 or 700 and that would be K through 12. MR. DUNN: Okay. And a third of them might be carrying cell phones? SUPERVISOR RUSSELL: More than that. MR. DUNN: In fact, aren't they mini towers? COUNCILMAN DINIZIO: Well, they are power is, somewhat equivalent to the tower. MR. DUNN: They are transmitting a signal, correct? COUNCILMAN DINIZIO: Inaudible. MR. DUNN: So they are carrying them in the school. SUPERVISOR RUSSELL: The irony is, the highest concentration of cell phones in Southold Town on any given day is at the school. MR. DUNN: And each one of them is sending a signal, so I'm.... Amendments to Ch 280, Wireless Communications Facility Continuation of Public Hearing 6 COUNCILMAN DINIZIO: I would also add this, that the further you are away from the tower, the more that the phone is going to try to keep in contact with it. MR. DUNN: so it's not that the tower alone is creating the signal.... COUNCILMAN DINIZIO: The phone has to talk to the tower, as the tower has to talk to the phone. So the power has to be equivalent. MR. DUNN: So basically whether there is a tower here or not, the signal is still going to be at the school. Coming from the phone. COUNCILMAN DINIZIO: Well, like I said, if you can talk in the high school now, you will be able to talk at the high school when this tower is put on, on a stronger signal, a faster signal. But you know, the need still needs to be demonstrated by the applicant through the Planning Board. That hasn't been done yet. They have to qualify and quantify their reasons for needing a tower at this site. MR. DUNN: And there are a number of hurdles that would have to be.... SUPERVISOR RUSSELL: SEQRA being chief among them. MR. DUNN: right. So this is not a done deal, this is just to.... SUPERVISOR RUSSELL: The idea was to let the application go forward so the whole process could be vetted thoughtfully and thoroughly. MR. DUNN: Okay. Thank you. COUNCILMAN DINIZIO: It is just a request for a cell tower, where they feel they need it. SUPERVISOR RUSSELL: Right. MR. GRATHWOHL: Just for our benefit, either Scott or Jim, could you just indicate the steps that the whole process had to go through? This being one of the first. I know the Planning Board and so on and so forth. Could you just kind of outline the steps that the whole application has to go through? SUPERVISOR RUSSELL: Yes, it is a little bit difficult, I don't want to take a lot of time but the application has come in for a building permit, it had been denied based on certain criteria. If the application, I believe for a site plan, needs to come in to the Planning Board the first thing they will do is review and they will want to do a SEQRA evaluation. All of the you know, visual impact, all of those things need to be weighed in as part of the SEQRA and addressed. Any public concerns need to be part of that document and addressed. Now, having them addressed doesn't mean that they are going to be solved. For instance, you may not be able to mitigate visual site impacts, you know, those are the type of things you want to evaluate in the SEQRA Amendments to Ch 280, Wireless Communications Facility Continuation of Public Hearing 7 document. Ultimately go back to the Planning Board, if the variances are needed, they actually have the authority in the current code to grant variances but it is a public process. There will be public hearings on it, the public would be included. When the site plan application come in, it goes out to all agencies, including the Landmarks Preservation Commission, all town departments for input and guidance. COUNCILMAN DINIZIO: I would just like to add one thing, the notice of disapproval that you get from the building inspector has two, I think it is two criteria they failed it on, the one we are addressing today can only be addressed by this Board. SUPERVISOR RUSSELL: Right. Would anybody else like to comment on this? Yes, Mr. Harper. MR. HARPER: I don't want any misinformation out there. the two studies that were done were not done in the United States and there is a correlation between how far away you are from the tower and the instances of cancer. I am just going to read you one sentence here `the results of this study shows that the proportion of newly developing cancer cases were significantly higher among those patients who had lived during the period of 10 years at a distance of up to 400 meters from the cellular transmission site which had been in operation since 1993 compared to those patients living further away and the patients fell ill on an average 8 years earlier.' This is the one that cites there is a three-fold increase in the incidents of cancer. Four hundred meters I am guessing is about 1,500 feet perhaps. But there is a connection between how far away you are from a cell phone tower and the incidences of cancer. COUNCILMAN DINIZIO: I just want to point something out, cell phone in 1993 put out probably six times more energy than a cell phone in 2014. Just because there were not enough towers, there was not enough, battery power was different. Technology was a completely different type of technology, we are in to LGE, so all of that has been mitigated down. Everything has been miniaturized, batteries are miniaturized and the amount of power, you couldn't compare the 1993 phone to a phone today. the amount of electro-magnetic force that it produces.... MR. HARPER: Most of these studies... COUNCILMAN DINIZIO: I can't imagine (inaudible) I know it was a lot more than it is now. MR. HARPER: Most of these studies are actually referring to lower wattage radiation than higher wattage radiation. COUNCILMAN DINIZIO: I agree. MR. HARPER: Also, there is a difference between having a cell phone and making a phone call and a cell phone tower that is constantly in use, where it has RF radiation emitting from it at all times, rather than... Amendments to Ch 280, Wireless Communications Facility Continuation of Public Hearing 8 COUNCILMAN DINIZIO: I agree with you 100%, sir. Those cell towers, those antennas, are not the antennas you see today. MR. HARPER: Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment? ANN SURCHIN: I got up earlier, I did not introduce myself. My name is Ann Surchin, I am from Southold. I am on the Landmarks Board although my comments really didn't have much to do with the Landmarks Board. But I just wanted to introduce myself. SUPERVISOR RUSSELL: Would anyone else like to address the Board? I would like to make a few comments if you are done commenting. First I want to correct a couple of things. So you know where I am coming from. I lost my father to cancer, I watched my mother battle a very aggressive form of breast cancer, I have lost friends, I have lost colleagues to cancer. I have a niece and a nephew that go to that school around the block. I think it would be unfortunate for anybody to use the word naive. This Town Board is anything but naive. It would also be unfortunate for anybody to presume that we haven't looked at all the available science and all the available studies as we have been dealing with cell towers for some years now. the overwhelming majority of those studies have found no link. The American Cancer Society has taken a formal position on it, declaring that there is no link. The American Physics Society and countless others. But you need to understand that we certainly don't go into these with blinders on. We look at all available information. The idea of spot zoning was put on the table two weeks ago and I am song to mention this in a public hearing but some of you are active in a group that is in an effort to save Sacred Heart Church in Cutchogue, if I am not mistaken. You met with the Planning Board to discuss alternative zoning for the site in hopes of making it more marketable towards a prospective buyer in the hopes to make preservation more feasible. How is that not spot zoning or how is that not establishing a precedent more than this? Further, I am talking and then you are welcome to get back up. The original application was going to go just a few feet away. That is not going to mitigate the health impacts for the children, if there are any. It is certainly not going to impact the site analysis, given the height of the tower. Those are all the things that we had to factor in. you talked about a man from Colonial Village that is worried about communications in the event that the power goes out, one of the reasons that we wanted to locate cell towers on town sites was that we are not allowed and I mentioned this two weeks ago, by federal law, to require backup generation for the site to stay in service after a catastrophic event such as Sandy. Because we would be the owner of the underlying property, we have the right to insist on that in a lease. So we can ask for backup generation for two, three or four weeks. Under the current scheme, generally they have battery backup that lasts a day, maybe two. That is why nobody's devices worked after Sandy. We are trying to fill holes for the safety concerns. We are trying to fill those holes in our emergency management response. That is one of the reasons that we drafted and passed town code that establishes as a priority town owned sites, one of those factors. Now, we talked to the Landmarks Preservation today, it was a very good productive meeting. You have raised some very valid concerns and as I said today, we need to weigh them heavily in our decision making. But let's be honest about the discussion. I think what you said with regard to historic preservation is all well received by this Board. Amendments to Ch 280, Wireless Communications Facility Continuation of Public Hearing 9 Would anybody else like to address this? Would anyone else like to comment on this? (No response) This hearing was closed at 5:19 PM Eli th A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING January 14, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:51 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17`h day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280. Zonine in connection with Wireless Communication Facilities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of January 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280. Zoning, in connection with Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280. Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified below: andsubjeet A. Any wireless communication facility located on or within an historic structure Amendments to Chapter 280, Wireless Cellphone Facility 2 Public Hearing January 14, 2014 listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170, Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. D Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit of publication in the Suffolk Times showing that the public hearing was noticed January 2, 2014 and that it was posted on the Town Clerk's bulletin board December 19, 2013. I have a letter from Andrew Freleng, the chief planner of the Suffolk County Department of Planning, "Pursuant to the requirements of sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk county Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval." And this comes from Sarah Lansdale, director of planning and signed off by Andrew Freleng, the chief planner. I have a recommendation from the Planning Board, from Donald Wilcenski chairman concerning this resolution "Thank you for the opportunity to provide comments on the above Local Law to amend Chapter 280 Zoning, in connection with the wireless communication facilities. The Planning board supports the proposed amendments to Chapter 280-75. This code section already provides certain exceptions to the prohibition of wireless facilities on parcels with landmark designation and the amendment will add a fourth exception for vacant parcels with commercial zoning. Section 280-75 Historic Buildings and Districts is intended to protect historic structures and historic districts from the addition of a structure that interferes with the character of those places. Currently this section of the code prohibits cell towers on landmarked properties but does allow for `stealth' wireless facilities to be located within a historic structure. The current Amendments to Chapter 280, Wireless Cellphone Facility 3 Public Hearing January 14, 2014 exceptions in this section allowing for wireless facilities on landmarked property under certain circumstances are an acknowledgement of the intent to permit a wireless communication facility to be located in a historic district with proper review and restrictions. The landmark status is generally enacted to protect buildings with historic value. Within historic districts, however, certain adjacent parcels with no buildings were unavoidably included within the boundaries of the district and automatically designated with the landmark status. This situation, where a parcel has but does not have any historic structures locate on it, was not contemplated in the wireless facilities code. There are likely cases where a vacant parcel with landmark designation could successfully accommodate a cell tower without interfering with the character of a historic district. Examples would include a heavily wooded parcel that is sizeable, or a parcel that is located on the outside edge of a historic district with existing trees to mitigate the visual impacts. In planning for wireless facilities, the Planning Board has found that cell towers are better located on commercially-zoned land where the impacts to residential districts are decrease. Including the restriction that the land be commercially zoned as well as vacant, in the proposed exception will help achieve this goal. In a review of the parcels in Southold with landmark status, only one of the 274 landmarked parcels in currently both without structures and commercially zones, thus limiting the reach of this amendment. This exception will provide for increased opportunities to site wireless facilities where they are needed and deemed appropriate. The Planning Board has reviewed the proposed amendments and supports the adoption of this legislation." And I have a memorandum from the LWRP coordinator, Mark Terry, "The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold town code and the Local Waterfront Revitalization Program (LWRP) policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP provided that the Planning Board evaluates any future action to avoid potential adverse impacts of new development on nearby historic resources as set forth in policy 2.1 below to the greatest extent practicable. 2.1 Maximize preservation and retention of historic resources: D. Avoid potential adverse impacts of new development on nearby historic resources. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And that is it. SUPERVISOR RUSSELL: I would ask anybody that would like to comment on this particular public hearing to please feel free. I would just ask and remind you to please state your name and hamlet you are from and if you are a representative of a town Board, Commission or Agency to please state that as well. Who would like to comment? ROBERT HARPER: My name is Robert Harper, I am from Mattituck. In interest of full disclosure, I am a member of the Southold Town Landmarks Preservation Commission, however, the views I am expressing tonight are not necessarily ones that reflect the views of the Commission. Our Town Board is proposing to put a cell phone tower in the heart of our beautiful, national historic district. To accomplish this, we would need to change our local laws, so you are simply changing the law to allow this eyesore to be shoehorned into one of our most historic sections of our town. Our laws were created to prevent this type of situation of occurring. To stray outside the laws in order to make them go away, is to believe these laws do not apply to you and that your viewpoint trumps the process. Putting a cell phone in the most Amendments to Chapter 280, Wireless Cellphone Facility 4 Public Hearing January 14, 2014 visible location of our historic district is like painting a mustache on the Mona Lisa. What is next? Billboards on top of Brecknock Hall? Or painting Michelangelo's on Horton Point Lighthouse? Is this what you want to leave as your legacy for the Town of Southold. If this tower is constructed I personally will consider it the tallest monument to shortsightedness of everyone who votes for it. I thank you. SUPERVISOR RUSSELL: Who else would like to go? ADRIENNE LYNCH: Good evening, my name is Adrienne Lynch and I am a private citizen and taxpayer of Southold Town. I live on Youngs Avenue, in purportedly the oldest house in the Town of Southold. The Reverend Young's home, at 450 Youngs Avenue. And I have, I think two concerns about the proposed cell phone tower. The first is that I can't imagine coming around the corner into town past the two lovely churches and the American Legion hall and the first thing that I would see would be a 100 foot tall tower. I recently drove to Vermont with my husband for our anniversary in October, never having been there, thinking the drive would be beautiful. There are miles and miles of forests up there and every now and then you see the gigantic, I don't know how tall those are, but the pretend pine trees where they try to disguise these things with branches and whatever and the bottom line is, everybody knows what the heck these things are. And you know, you could stick branches on it, paint it sky blue, hang tinsel at Christmas, it is still going to look like what it is. Which is a pretty big industrial looking needle, poking right out behind Town Hall. So that is the first concern. I don't think it fits here. I love to use my cell phone but I would imagine there is somebody that maybe owns a private piece of land that a cell phone company can talk to and stick it in the middle of some woods or but not in the middle of lovely Southold Town. The second thing that concerns me, is the safety and the health of the three little people that I brought with me. They are my kids. And I know as of yet there is no documented proof that radio waves from cell phone towers cause any kind of public health risk but I also know that 60 or 70 years ago, people thought cigarette smoking was a dynamite thing to do. So its proximity to our two schools in Southold town concerns me. You have little people growing lots of new cells and on the outside chance that 50, 60, 70 years from now it comes to light that these are not great things to locate near young growing bodies, I don't think you guys would want to be on the wrong side of that discovery should it ever come to pass. So I am thinking, let's find another place for it if it needs to be. And I get it, that the town likes to look for revenue generating projects, I really do. It helps us all with taxes and the like but on the two main issues for me, it doesn't seem like a good idea but thanks for your time and good luck with the decision making. SUPERVISOR RUSSELL: Okay, thank you. I just, there is some, go ahead. I am sorry. No, there are just some issues and that is why the Town Board would very much like to speak to the Landmarks Preservation Commission, I think there is perhaps some misinformation that has been spread that is out there. First, I think it needs to be understood that there is going to have to be a cell tower in the hamlet of Southold, that is a foregone conclusion. There is a demonstrated need. We do not have the authority to stop the cell tower somewhere in the hamlet if there is a demonstrated need per FCC rules. The AT&T representatives that came to us a few years ago, asked us about locating a cell tower on the Southold site. They never came back with an application. They had actually gone out and tried to find or to meet the first priority of our cell tower code, which is to locate it within an existing structure. We know because two separate Amendments to Chapter 280, Wireless Cellphone Facility 5 Public Hearing January 14, 2014 churches had contacted us. The churches had in fact decided against pursuing the cell tower arrangement. What they had done then was to suggest cell tower location just a few feet north of Town Hall, across the street on an industrial property. Southold Town, because of our code, reflects town sites as being a priority. They had come back to us and said if we would be interested again, they would like to pursue that. Now that is the discussion that we have had, it has been a public discussion, it has been a transparent discussion. We had a public discussion on this in February, it was carried by the local media. We put a resolution on the table in May, well publicized, well published. We held that resolution out for 30 days to seek public comment. So again, we are interested in hearing what everybody has to say but the proposed local law changes that are on the table will not erect a cell tower on that site. It merely removes a bar to having an application submitted. It is still required to go through a substantial amount of public review and again, you all should be part of that discussion. I believe ZBA relief is required, I believe a planning process, SEQRA, visual sight analysis, all of those things are burdens an applicant, AT&T would have to go through. It would be no different than any private applicant. The location of the site being on town property does not absolve them from any of those processes. MARIE DOMENICI: Good evening, Marie Domenici, Mattituck. I have a bunch of questions here. First of all, would it be the cell company coming to us, asking us to do this? SUPERVISOR RUSSELL: They did a few years ago and then they had actually gone out to find alternative sites, meeting again, the first priority which would be locate in an existing structure, an existing building. There wasn't a building that could accommodate their need. Of the two, that did look at the issue, they decided against pursuing it. MS. DOMENICI: Alright but it is really the vendor coming to us saying we want to do this. It is not people calling you guys up saying where is our cell tower that we need to make our cell phones work. SUPERVISOR RUSSELL: When we had the public, when we set up the permissive referendum in May, we held it out for 30 days for public comment. We only got two comments. One the person wanted to know if it was going to cover Bayview and the second asked us if we can go talk to Verizon to get them on the pole. There is a demonstrated need and this is the problem, there is going to be a cell phone tower in this hamlet as I said, what the town looked at is the situation of at least if we are going to live with the auspices of a cell tower, to at least use it as a revenue source for the people of Southold Town, for all the taxpayers of Southold Town. But the principle issue here to understand is there is a demonstrated need, so it needs to go somewhere. MS. DOMENICI: But when you say a demonstrated need, you said only two people really commented on that, so where is the demonstrated, I mean, if this room were packed with pros and cons, you know, of people then I could understand that we have some real issues and concerns but really there is no one beating down the door saying you need to do this and at the very least, if we are going to have this cell tower, what about erecting it at the dump? SUPERVISOR RUSSELL: Okay, the problem is that the siting of cell towers is driven by technology. Where are the dead spots, where are the locations where you need them. I am not Amendments to Chapter 280, Wireless Cellphone Facility 6 Public Hearing January 14, 2014 suggesting the transfer station wouldn't make a good site but it wouldn't meet the needs that are trying to be addressed by the cell tower. Jim Dinizio is something of an expert on this and I will defer to him on this but the sites that get selected are based on need. Now we have very limited ability to regulate cell towers because we are preempted in most cases by FCC regulations. They are federally regulated entity, so we have very limited opportunities to say, well, no, not here. We did have the opportunity to create town code with the understanding that since we are going to have to have cell towers anyway, at least try make it benefit the taxpayers of Southold town as best we could. MS. DOMENICI: So... SUPERVISOR RUSSELL: There is a tremendous demand from people who live around Bayview and other areas... COUNCILMAN DINIZIO: I will help you a little bit on this, the demonstrated need isn't from the people, okay, the need is demonstrated by the company itself. It has an obligation to meet a certain standard that the FCC has put forth. So they have to demonstrate the need in the area, then from there they take it. the reason why you can't put a cell tower, I think one person suggested at the police station to cover here but there is already one there, that one doesn't work here. You have to think of it as the rings for the Olympics, you know how they all kind of connect? Well that is it, a cell tower in the middle and then that little ring that you see, that is how far the signal will transmit and still be effective. So you have to build a network, some people call them mesh networks that will allow you to drive from point A to point B and still have a certain amount of signal. That is demonstrated electronically, mathematically. It is not, it doesn't change. An electron goes a certain distance, the signal goes a certain distance and then it loses it signal. You have to re-amplify it. So when you are talking about demonstrated need, it is not like we have people standing out saying my cell phone doesn't work, it is the company themselves demonstrating the need to fulfill their obligations. MS. DOMENICI: to make their revenues.... COUNCILMAN DINIZIO: No, it has nothing to do with revenue, it has to do with.... MS. DOMENINCI: You don't think so? COUNCILMAN DINIZIO: It has to do with serving the public need. The FCC.... MS. DOMENICI: But you don't have the public need standing here saying we have to have AT&T do this. COUNCILMAN DINIZIO: But that isn't the point. The law is not that, Marie. The law is that if you are going to have a cell network, you must build a cell network that will work. Okay? And the FCC sets those standards. The federal government tells us. We have very little that we can do, if they want to come in and they find a piece of land that they can put a tower, as a matter of fact, we can't even zone them out. Which is the reason why we got the law that we have now and we have to allow them to give cell service at a certain serviceable level and they demonstrate Amendments to Chapter 280, Wireless Cellphone Facility 7 Public Hearing January 14, 2014 that need. We don't. All they have to say is, this is what the FCC says, this is how we are going to do it, we need a tower in this location. Now it doesn't necessarily have to be behind town hall but it probably has to be within a mile of here. MS. DOMENICI: Well, if we look at Verizon, if you look at their maps as to how they cover the country, they cover, I don't have it with me... COUNCILMAN DINIZIO: Ma'am, t hose maps really, they are not accurate in any way. They are just colored dots on a map. MS. DOMENICI: Well, no but it takes over the whole northeast.... COUNCILMAN DINIZIO: If you drove the Town of Southold, okay, with your cellphone... MS. DOMENICI: Which I have. COUNCILMAN DINIZIO: And if you started on one antenna and you had five bars, you would drive, you would drive and go to four bars, it would go to three bars, it would go to two bars, then it would go back to two bars, then three, then to four, then to five because you are going from one cell site to the other. If you drive in Southold Town and I am talking about the village of Southold, it is usually two bars. Not much more than that. MS. DOMENICI: For all the providers? Or just AT&T? COUNCILMAN DINIZIO: Well, I don't know ma'am. They have got to demonstrate that need. We don't tell them what their need is, they tell us what the need is for their service to meet a certain quality. SUPERVISOR RUSSELL: Can I just, Marie, can I just clarify. There are two separate issues here, one is the demonstrated need. The FCC sets those standards and the applicant has more than exceeded its needs to meet the FCC standards. So they demonstrated need, based on federal guidelines which are already established. The issue I think, for many people, is whether locating it on the vacant property behind Town Hall is an appropriate location or not. That is the issue that I think we will need to address over the next several weeks. I know we have a couple of commissioners in the audience from the Landmarks Preservation Commission, Historic Preservation Commission tonight and would have urged them at any step in this process to engage themselves, their officers of this town government and they should feel like they can come to this Town Board, this Town Board has a very good working relationship with this commission over the years, we have been very attentive to their needs and responsive to the needs so they can serve their mission and I would simply ask them individually if you would please take us up on our offer and come to a work session and we can discuss the issues and maybe you can have a historical understanding of where we got. Also, maybe to clarify some misstatements that have been made out there, such as the town already has a signed contract. That is not true. what we have is a pending lease. That lease cannot be executed unless the applicant gets approval. And that is an if, if the applicant gets an approval. Because all this particular local law does is it simply removes the bar from the applying. The applicant still has Amendments to Chapter 280, Wireless Cellphone Facility 8 Public Hearing January 14, 2014 to get through the same process any private applicant would have to get through. There would have to be visual site analysis, impact analysis. It all gets raised as part of the SEQRA process. MS. DOMENICI: Well, I mean, I know people who have Verizon versus people who have AT&T and Verizon does provide a much better service. Having said that, could there not be some cell tower consolidation? SUPERVISOR RUSSELL: That is exactly what we are.... MS. DOMENICI: Rather than put another site up. So I think we have right now, correct me if I am wrong, I think we have 14 cell towers in the Town of Southold. So if indeed Verizon is providing a service that AT&T currently is not, if they can just go to Verizon's tower and share that tower. SUPERVISOR RUSSELL: Co-location is common on the cell towers that exist in Southold Town. Co-location of different carriers. In fact, we anticipate co-location of different carriers on the cell tower site. That is common. The problem is that the cell towers aren't always where you need them. Whether you are Verizon or AT&T or Sprint, if they are still in business, I don't know but that is the cell towers, again, that is part of the needs assessment that gets presented by the applicant and that is the FCC standard that they have to meet. MS. DOMENICI: Well, aside from what I just mentioned, I think the biggest concern is the electro-magnetic field that is generated from the cell tower, okay. And I am very curious because if you look at the police department, in Peconic, they have that cell tower adjacent to the building, I would love to be able to review what is going on there health wise for people because children exposed to emf can get leukemia, there are so many studies and things about, that have been done about emf and health issues that I can't even, there is not enough time in the night for me to sit here and read them and it has been done in every country, New Zealand, Australia, France, Israel, the UK, Germany and they all talk about proximity to towers and emf exposure. It is not in the best interests of this Town Board to put something in the backyard. SUPERVISOR RUSSELL: Okay, I remember when we amended the code a few years ago, you had come up and raised those same issues. MS. DOMENINCI: Right. SUPERVISOR RUSSELL: and unfortunately, we have to give you the same answer. We are not allowed to factor those decisions into the, that is a FCC, we are preempted. There was a concern a few years ago to ban cell towers in town, we simply don't have that right under the law. The issue is, a cell tower is going to be located in the hamlet of Southold. Somewhere within this small wonderful hamlet. The Town Board's vision was, if we are going to have to live with it at the very least try to extend the benefit to as many taxpayers as possible, because it is a revenue source. But the first driving force of this is the demonstrated need by the applicant. MS. DOMENICI: But at the end of the day, if you put people in harms way, that is, it is not a good thing for this town, okay? Amendments to Chapter 280, Wireless Cellphone Facility 9 Public Hearing January 14, 2014 COUNCILMAN DINIZIO: The federal government has already set that standard ma'am.... MS. DOMENICI: You know what? Let me just say this.... COUNCILMAN DINIZIO: Unless you want to sue them. You know, you probably could sue them. But the federal government already tells us, Marie, what that standard is. MS. DOMENICI: I understand that... COUNCILMAN DINIZIO: And we must follow that, it is as simple as that. MS. DOMENICI: Let me just say this, all of the agencies that are governing us, whether it is the EPC, the DEC, the FDA, the Department of Health whatever, when they give us the amounts of things that we are allowed to ingest, you are allowed to have this much arsenic in your water. But you know what kind of water is really better? No arsenic. SUPERVISOR RUSSELL: The proposal is not to introduce a cell tower to the hamlet of Southold, the proposal is to simply guide the location of the cell tower that is imminent; onto a town asset so that we could at the very least generate revenue for the taxpayers. We also have other emergency needs, again, I would strongly recommend the commissioner members come in and talk to us because there is a larger picture here that needs to be considered. But again, we always have been willing and accommodating to the input and the insertions of the Historic Preservation Commission. MS. DOMENICI: Okay, and is there going to be a fall zone? SUPERVISOR RUSSELL: Those are all issues that I think would be, I believe as part of any ZBA decision and of course, the site plan process. MS. DOMENICI: Because when I was chairwoman for the Renewable Energy Committee and we were working on the agricultural wind code, I mean the biggest thing that was on everyone's mind was that there had to be a fall zone. SUPERVISOR RUSSELL: Right. MS. DOMENICI: Interestingly enough, I mean, it had to be a minimum of seven acres, so there was really no real cause for concern because it is going to be on a, you know, good plot of property and the fall zone really was a moot point at this point. But when we erect flag poles or we do cell towers, there doesn't seem to be an issue. I mean, there is a cell tower that looks like a flag pole in Mattituck and if that ever fell, it is going to go right on 48 and the cell tower attached to the police department, I mean, seriously. And again, I would be very interested to know what kind of health issues may or may not exist there. And you may want to check that out for yourselves and you may or may not want to disclose that but I think it is worth investigating. But at the end of the when someone says we can't take health issues as a concern that bothers me and let me just say, anytime a cell company decides that they want to come in Amendments to Chapter 280, Wireless Cellphone Facility 10 Public Hearing January 14, 2014 and you know, use up our beautiful properties here, does that mean we just have to succumb to that and let us become cell tower city? Change our name from Southold. SUPERVISOR RUSSELL: The problem is actually the FCC standard and they are on the current practices, they are actually removing more and more authority from local jurisdictions each and every day, that is there, in fact, we were just given a release by the FCC, they are making it clear down the road that they are trying to remove local zoning authority over cell towers. That is their role as an FCC, as appropriate or inappropriate as it might be, what the town has is at the very least a limited opportunity from time to time to say you know what? it is going to address the need, those needs have been demonstrated based on FCC standards but at the very least maybe there is some common benefit to the taxpayers. MS. DOMENICI: Okay, and what would be the revenue source from AT&T? SUPERVISOR RUSSELL: Those would be ground leases from AT&T and then co-locations. If we can, it depends on how many carriers we can get on site. I can tell you that two towers that we have down at the police station produce about $155,000 annually in revenue. I don't suspect the revenue would be as great on this one tower but we are again, evaluating the market now. I know that the ground lease for the one specific carrier would be $24,000 and there is an understanding that this isn't, as a sole proprietorship he doesn't have, the applicant doesn't have the right to utilize the tower for themselves, they must accommodate other carriers. MS. DOMENICI: Okay. So maybe I should consider putting a cell tower in my backyard, I could use a little extra income. COUNCILMAN DINIZIO: Our law wouldn't permit that, Marie. SUPERVISOR RUSSELL: Yes. MS. DOMENICI: I can't do that? Okay. Well, I just want to go on record as opposing this cell tower. Okay? Thank you so much for your time. CATHERINE HARPER: Catherine Harper, Mattituck. I address this Board as one who has been nationally distinguished as a recipient of the American teacher award, as a contributing author of a book on excellence in education and an educator who has served the public school system for 33 years. In other words, throughout my career, I have demonstrated the extent to which I care about children and it is exactly this concern which impels me to address the Board about constructing the cell tower so close to a Southold school. Now, I don't know what you have been told about the direct connection between cell tower RF radiation and increased cancer risks in children. I don't know if you have been told to quote the standard rationale, that the research is inconclusive but I do know that you owe it to every student in the Southold schools to speak to the teachers, the parents and the children of the Bayville elementary school. Bayville, north shore Nassau county, where cell phone antennas were constructed near the school. You owe it to our Southold students to speak to the little boy from Bayville who underwent 102 weeks of chemo before his leukemia finally went into remission. You need to speak with the child who was recently diagnosed with the brain tumor the likes of which doctors have never Amendments to Chapter 280, Wireless Cellphone Facility it Public Hearing January 14, 2014 seen and you need to speak to these children and their similarly disease stricken classmates and then you need to ask the parents of the three students who died of leukemia about the inconclusiveness of cell tower research. I am not opposed to a cell tower, I am opposed to this proposed location. Surrounded by a very vulnerable population. And I am not opposed to a cell phone tower that will fill the town's coffers every month with several thousand dollars, but what price is worth gambling with our children's health? ANN SURCHIN: My name is Ann Surchin, I am also a member of the Landmarks Preservation Commission. My views are my own and as you well know, we have not come to a consensus on the commission at this point but I am going to talk about the landmarks aspect of this and then I will probably meander off into a few other things. People buy international register historic districts because they believe it affords them a level of protection in terms of maintaining the aesthetics of their neighborhood as well as their property values. Unfortunately, it is also a well- known fact that when cell towers go into residential neighborhoods, property values diminish. Unlike other places on other national register historic districts, ours is pluralistic in terms of its architectural styles as its timeline dovetails with that of the township. It is an exceptional district and truly authentic. This cell tower however, will be a defilement of our national register district, no matter how you try to justify its existence here with all its appurtenances. This daunting structure will be a gargantuan abscess on the face of the much admired and genteel place. The amendment is an attempt to circumvent our landmarks legislation, it is a pure and simple ploy to target the one and only vacant town owned parcel in the hamlet for the suited purpose that would never be allowed for a private party. Consequently, this is a perfect example of spot zoning at its very worse. Not only will it create a disincentive for the establishment for future historic districts, this amendment would set a terrible precedent for the future of landmarks preservation in the township. On a practical note, I want better cell phone usage. I think I am like everybody else in the room. But I am not going to get into it now, I was but you have already talked about some of the practical realities that will have to be evaluated you know, fall zone, will it be big enough to, the site itself, to hold all the equipment needed especially if other towers glom onto it. Will you have to merge these properties adjacent to the building here and but I am concerned about in terms of fall zones and this has been written about in town codes, that they are not supposed to go where people congregate and certainly outside of a town board room, a court room, a town hall, that is where people congregate, so that is a concern of mine as an architect. And so I don't know what the height is but usually a fall zone is twice the height of the tower itself. I have to say that what really sticks in my craw is the cynicism of proposing such a thing in this place of all places for revenue generation. It may in fact destroy the goose that laid the golden egg; our very remarkable sense of place. As Oscar Wilde said, the cynic is a man who knows the price of everything and the value of nothing. Our district provides Southold with intangibles that are absolutely priceless. Now not to be totally negative here, I was wondering and just going to throw something out as an aside, maybe it is too far away from Cedar Beach but we have dead zones up near the Sound too and what about the 60 acre Bittner property off of 48? The town owns that. SUPERVISOR RUSSELL: Yes, that is actually unfortunately, the town's share of that was bought I think as a join purchase with Suffolk County if I am not mistaken. Suffolk County? Our share was bought with community preservation funds. There is no provision in the community preservation law to let us alienate land for exclusive use for CPF funds. Amendments to Chapter 280, Wireless Cellphone Facility 12 Public Hearing January 14, 2014 MS. SURCHIN: Oh. Would it be possible to even approach them.... SUPERVISOR RUSSELL: You know, we have been looking for siting in that area because it is a dead zone. We have been unable to find a site that we can simply use. But we are well aware of the dead zones in the community. We discuss it on a regular basis through emergency management operations. We are aware of those locations, we have one up in the northerly section of Mattituck up in the hills, we are aware of those locations and you know, we are trying to fill those needs as best we can. Also I just want to reemphasize the fact that the town didn't go into this for a revenue generating source, we recognized that the need had been demonstrated by the applicant and that it was going to go somewhere in the hamlet of Southold. The backup site or the site prior to coming to us was simply across the street from here. Now any impacts on the historic district will be evaluated as part of a very public SEQRA process. And I would urge you all to engage yourselves in that process. MS. SURCHIN: Oh, we will. SUPERVISOR RUSSELL: But this is a discussion that the Town has had since last February and I would have welcomed this opportunity at any time to bring these issues to us. As a commission member I would encourage you to say, you know what, I want to come to the Town Board work session and discuss these issues. The town is always open and amenable to that, like I said I have offered that invitation to your chair. You know, to be candid, I think recently the commission or many of the members of the commission are operating in a manner that hasn't, we have never envisioned. You are an officer of Southold Town. You are not an outsider looking in. You are an insider looking in and you need to participate in the process. We have been public, all the agendas.... MS. SURCHIN: But you know, I have to tell you, it was publicized. Not everybody reads the small print of the local legal notices in the newspaper. SUPERVISOR RUSSELL: But you have a liaison that is supposed to bring this information to you. He was given the agenda in February and again in May and if he didn't, fine, the application comes in and then he brings it to you attention. But it is not too late to discuss it. that is what we need to do but we are more than happy to do that. MS. SURCHIN: Believe me, if I had known about it then, I would have been at every discussion. SUPERVISOR RUSSELL: The Suffolk Times covered it quite amply. But again, we are always happy to listen to any of the concerns of any of the Boards of town government. MS. SURCHIN: One other thing, I did have a discussion today with the secretary of the fire department over here and they have T Mobile on the fire department and but it is their board that doesn't want anything else glommed onto that one tower and because they don't want the back of their site to look untidy. Because of all the equipment and you know, I understand that but you know, it's another town location that maybe could be used. You know, this is very Amendments to Chapter 280, Wireless Cellphone Facility 13 Public Hearing January 14, 2014 interesting to me because the FCC has taken on what appears to be almost like a dictatorship to municipalities. And this is kind of like an arranged marriage. You know it is something that maybe people, they don't necessarily want, they want to be able to pick and it is kind of mind boggling to me to hear this because you know, we want better cell phone coverage but not at the price of health and not at the price of the integrity of our community. SUPERVISOR RUSSELL: I would agree but you know the FCC is, they are a creature of advancing their goals. Their goals are to expand communication throughout this country. They are very much like the FAA, the FAA would love to see more helicopter flights in and out of East Hampton every summer but that is not in the interest of Southold Town. In this instance, you know, like I said time and time again, a cell tower because of the demonstrated need is going to be located somewhere in this wonderful hamlet. The town, the need was the first to meet that need to meet that goal. The serendipitous benefit was that saying at least if we located it on a town site, we could probably at least spread the burdens out that we all have to live with in the form of revenue. But it's not like the town said we have got an empty piece of property, we want to go out and figure out how to make money on that. That is not what happened at all. They approached us, again, after looking at the site right behind town hall which is an industrial property just to the north of Traveler Street. MS. SURCHIN: Well, I just think it is very unfortunate for the historic district and if you can find a site someplace else, we are more than happy to help you with that search. SUPERVISOR RUSSELL: And I assure you it is sincere when I say we would like to include everybody in this process that goes forward but it is a very public process that will go forward. This proposal does not guarantee a cell tower on that property. What is does is it simply removes that bar so the application can go forward and all those other things come to play. SEQRA is a very important component. UNIDENTIFIED: What happens if (inaudible) SUPERVISOR RUSSELL: No, they will probably locate on a parcel that is just a little bit to the north of this site which is just a few feet away. I can't speculate as to whether they can come to terms with the owner there but they will find another location within this hamlet of Southold. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I am going to have to ask you to come up because we transcribe these and if you speak from the audience we can't hear you. MS. SURCHIN: I have one more question. SUPERVISOR RUSSELL: Sure. MS. SURCHIN: There is at the very end of this, I guess it is section D of the proposed code that is going to go under the aegis of the Planning Board and that you know, if there is anything that I Amendments to Chapter 280, Wireless Cellphone Facility 14 Public Hearing January 14, 2014 guess somehow harms the character of historic buildings, that there would be mitigation. What would, how would you define that mitigation? What is that mitigation? What could that be? SUPERVISOR RUSSELL: That is part of the SEQRA process and in fact if the SEQRA process reveals that the impacts can't be mitigated, they, you know, that is part of this process and it is a public process. You get to submit your concerns as part of the SEQRA process. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I am sorry, I didn't hear that. We have no intention of making anything look like a tree. And incidentally, the proposal would be for one cell pole. It is not going to be, if various tenants come in they would have to be located on that same pole. It is not going to be a farm of cell poles. In fact, technologically that wouldn't be possible. FRAN SLADKUS: Fran Sladkus, I am from Laurel. The thing I was trying to say was, I understand from what you just said to me Mr. Russell that if we don't allow them to build on, let's say this piece of property north of Town Hall on town land, they will go and find a piece of private property and put it up. SUPERVISOR RUSSELL: Yes. MS. SLADKUS: And then we will have nothing to say about that because it is private property, except as far as the Zoning Board is concerned. SUPERVISOR RUSSELL: The process would still be the same. They would have to go through the Zoning Board of Appeals process, the site plan process, the SEQRA process. MS. SLADKUS: right. So the thing is that your, I am trying to understand why you think this is a good idea. So now I am beginning to get the picture, that they are going to put it somewhere.... SUPERVISOR RUSSELL: Right. MS. SLADKUS: And the idea is that if the Town Board controls where they put it, we will at least have some income for the town. SUPERVISOR RUSSELL: There would be a rental... MS. SLADKUS: Because if they don't put it on that piece they will go put it on the piece that belongs to somebody else and we will get no benefit. SUPERVISOR RUSSELL: Right. There are other benefits too but.... MS. SLADKUS: What happens if the people of the town really get cranky about some private person putting this up on their property? Amendments to Chapter 280, Wireless Cellphone Facility 15 Public Hearing January 14, 2014 SUPERVISOR RUSSELL: It would, there would have to be awfully justifiable and compelling case to stop it. Again, the FCC is very protective of its mission to expand communications throughout this country. Jim can probably speak better to this issue, in fact, as a ZBA member he probably had a couple of applications for cell towers before him and he could probably speak to those issues better. COUNCILMAN DINIZIO: I probably listened to about 10 or 12 applications. MS. SLADKUS: I am sure. It is apparent to me that it is going to happen no matter what. I mean that is essentially what you are saying. COUNCILMAN DINIZIO: Right. MS. SLADKUS: It is the where that is the issue. COUNCILMAN DINIZIO: And the where doesn't really make too much difference to the company itself, it doesn't make a difference whether they have it here behind us or 50 feet to the west, to the north. MS. SLADKUS: Right. COUNCILMAN DINIZIO: That is not going to make that much difference. They have an obligation under federal law, under their license to provide a service in a reliable manner and they tend to do that and they every right to do that according to federal law. I am sorry they, they have gotten prettier. They used to be, I mean, they used to be lattice work towers and now they are at least poles.... MS. SLADKUS: They got prettier? Is that a joke? COUNCILMAN DINIZIO: No, no. SUPERVISOR RUSSELL: They have gotten less unsightly is another way of putting it. MS. SLADKUS: I get it. I mean, they are what they are. SUPERVISOR RUSSELL: right. COUNCILMAN DINIZIO: I used to work with Cablevision, so we had lattice work towers and guy towers and at least now they look more like a cigarette sticking out of the ground. It is not as bad... MS. SLADKUS: And more importantly, as you can see, I am pretty worried about what comes out of those towers, right by the school. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this issue? Amendments to Chapter 280, Wireless Cellphone Facility 16 Public Hearing January 14, 2014 CAROL BIRCH: My name is Carol Birch, I live on Youngs Avenue. I don't understand what you were saying about the range. The tower by the police station does not extend this far? Is that.... COUNCILMAN DINIZIO: Yes. That is correct. MS. BIRCH: So how far would the tower (inaudible)... COUNCILMAN DINIZIO: Ideally, like I said, if you think of the Olympic symbol with the circles.... MS. BIRCH: I understand that. COUNCILMAN DINIZIO: Ideally I think it would be 6 miles apart. So you get three miles of what they call area of dominant influence of the signal, you get three miles from the center of that circle and then you have to start, you know, in the best case you would want to pick it up after that. So you can't put a huge tower, no matter how high you go in the middle of Southold, it is not going to feed the entire town of Southold. You have got to be within three miles of that or six miles, they are six miles apart. Or something like that. MS. BIRCH: Okay. Thank you. And my second question is, when you amend this law, will that include the height of the tower? I heard somewhere it is going to be approximately 100 feet? Will the FCC insist that it be 150 feet? Or 200 feet or 300 feet? SUPERVISOR RUSSELL: To date? No, they don't. In fact, it would be the Zoning Board of Appeals that would determine, I believe 80 feet is the current max. is that right? COUNCILMAN DINIZIO: Yes. SUPERVISOR RUSSELL: But in order to exceed that they would need relief from the Zoning Board of Appeals, among other things. This code amendment does not dictate height. MS. BIRCH: Would it be a good idea to dictate height? COUNCILWOMAN DOHERTY: That is a separate section of the code. COUNCILMAN DINIZIO: The federal government encourages them to co-locate and in order to co-locate, the lowest antenna can be 80 feet and then you go in maybe 20 feet increments to mount your next antenna. So if you have an 80 foot tower, you have Verizon on the bottom or AT&T or whoever it is and someone comes along and wants to co-locate on that tower they are going to increase the height of that tower by 20 feet and put another antenna. AT&T, whoever has the primary, they are going to be on the top because height is might to a certain extent. So if you get three people, they can go up to three on the tower, you are going to go up to 120 tower. MS. BIRCH: Thank you. Amendments to Chapter 280, Wireless Cellphone Facility 17 Public Hearing January 14, 2014 SUPERVISOR RUSSELL: Who else would like to address the Town Board? Marie? Of course. MS. DOMENICI: I just want to leave this, this is about health. SUPERVISOR RUSSELL: Of course. Would anybody else like to address the Town Board on this particular local law? Yes, please George. GEORGE ALDCROFT: George Aldcroft, Peconic. I was originally going to talk about the towers but as you begin talking about the health issues, I guess I have some questions about if they have to be every six feet or six miles apart. How many do we end up in town? Has anything ever been done or maybe we need to do a little research on the health issues that might be caused and I know that, and also you are going to a meeting in New York City with other, I am not quite sure? SUPERVISOR RUSSELL: Actually, I am not attending. The annual Association of Towns where they talk about a host of issues facing municipalities. MR. ALDCROFT: So could that possibly be something that might be discussed or maybe possibly be raised at that meeting? SUPERVISOR RUSSELL: Well, we have researched and ironically, we are probably one of the last towns on Long Island to pass a.cell tower code that requires as a priority locating on town property which is what we did a few years ago. MR. ALDCROFT: Well, like I just said, are they also concerned about health issues? Is this something, we all use cell phones now, we have gotten into it, but it is just like we are trying to deal with what are they putting in the food we are now eating that is affecting us that, you know, we are trying to get organic food and things. Is there something with the towers that we also need to be concerned about? I had never thought about the issues that were talked about today. SUPERVISOR RUSSELL: Many, many groups raise that issue on a regular basis. The FCC is the arbiter of those points and it is, again, a federal issue. MR. ALDCROFT: But is it something that when the people attend that meeting they may want to start raising that issue more beginning to see if we can do more research or find out more about the issue. In the United States, to see what affect this is having on our population. And especially for our young kids. I mean, we are at a certain age that I am not going to experiencing it for my whole life, they are going to start at a very young age and begin experiencing this. And it seems like it would be something, if they are planning them every six miles in every town in this country or every place that this is an issue, that maybe this needs to be looked at. SUPERVISOR RUSSELL: I would agree. I just do want to speak to the issue of town locations, they are not necessarily specific to this site but there was an emergency needs calculation in this. One of the things we found after the Sandy event, was the lack of reliable cell service. Most cell towers have a battery backup that might last a day or two. So many people are dependent on their Amendments to Chapter 280, Wireless Cellphone Facility 18 Public Hearing January 14, 2014 devices that we were offering town hall as a charging station but again, the cell service, the coverage just wasn't there. We are not allowed, when we looked at this, in fact, I met with John Kamen and supervisor's from Long Island to develop legislation that would require any cell tower that comes into a community, that they be required to have backup generation for at least a two week period. That way we are assured that the cell towers would be up and functioning even after we lost the electric. We were preempted by the FCC from requiring that. However, as the lease hold party, as the owner of the site, we can require that as a term of the lease. And that is exactly what we have asked for in this instance. And if we end up locating cell towers at other town locations, we are going to ask for that same requirement. That would at least, to some extent, provide better cell coverage after those catastrophic events. So there are a lot of other decisions that went into this. We didn't go into this lightly. No, we didn't go into this to grab money for the revenue, as a practical matter, we are not making the money, the taxpayers are and that is what, we are trying to do a cost benefit analysis on behalf of the taxpayers. Would anybody else like to address the Town Board on this particular local law? We will get to the public comment as soon as we can close. Oh, I am sorry, we are going to table because I assured Jim Grathwohl, we are not going to take any action tonight because we do want to hear from the Commission. COUNCILMAN DINIZIO: Can I just comment? The last cell tower that I was part of was East Marion and I know that the ZBA has testimony from their engineers, I think it was Verizon at the time, conceming the strength of that signal and how that compares to electrical line problems, EMF, which is, by magnitudes an electric line is so much more changing of the magnetic fields than a cell phone, which by the way, this transmits as much power as the tower does. It is not like it's a huge amount of signal. It doesn't need it. This just needs to see the tower, the tower needs to see it. There is not a lot. And I would venture to say that the farther you are away from a tower, the more energy this produces because it is trying to find that tower. So think about all those kids in that school over there who have two bars, okay, with it right next to their heart. You are worried about their health, you had better start worrying now okay? I personally, worked in the industry, I worked at Cablevision for a number of years, I held an FCC license. I am perfectly comfortable with it. I worked around it all my life.... SUPERVISOR RUSSELL: And I will personally go home and remove the i-phone from my daughter's hands and tell her Jim Dinizio told me to. COUNCILMAN DINIZIO: I said nothing. I am sitting here wondering. SUPERVISOR RUSSELL: Is there any other comment? Like I said, we are going to table it and there will be an opportunity in two weeks. This hearing was adjourned until January 28, 2014. Eli eth A. Neville Southold Town Clerk RESOLUTION 2014-159 DEFEATED DOC ID: 9520 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-159 WAS DEFEATED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 11, 2014: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17`h day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chanter 280, Zoning, in connection with Wireless Communication Facilities" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified below: and subject to Chapter- e A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170. Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, Resolution 2014-159 Board Meeting of February 11, 2014 State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. D. Wireless communication facilities on vacant commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law, Elizabeth A. Neville Southold Town Clerk RESULT: DEFEATED [0 TO 61 MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman NAYS: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 1/28/2014 3:18 PM by Lynda Rudder Page 2 Southold Town Board - Letter Board Meeting of February 11, 2014 RESOLUTION 2014-159 Item # 5.3 y°~+JDEFEATED DOC ID: 9520 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-159 WAS DEFEATED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 11, 2014: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17'' day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified below: aftd-subjeet to Chapter- 170, Landmark Preservatien. A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Generated February 14, 2014 Page 10 Southold Town Board - Letter Board Meeting of February 11, 2014 Chapter 170, Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. D. Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: DEFEATED [0 TO 6] MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman NAYS: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated February 14, 2014 Page 11 North Fork Environmental Council 12700 Main Road Box North Fork 1In Mattituck9NY 11952 Environmental Council Phone: 631.298.8880 V Fax: 631.298.4649 r Web: www.NFEC1.org RECEIVED 11 February 2014 Attn: Supervisor Scott Russell FEB 1 2014 Southold Town Board Southold Town Hall PO Box 1179 Southold Town Clerk Southold, NY 11971 RE: A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities The Board of Directors of the North Fork Environmental Council (NFEC) wishes to express its unanimous voice against the amendments to Chapter 280 and the construction of the proposed cell tower behind Town Hall. The practice of changing code for one parcel is ill-advised in the general community. Why should the Town have the right to change code for a project they feel is advantageous? And just because Town Code may eventually permit something does not mean that it has to be done. While we may not yet be able to define financial benefits of this tower, we can define the costs which, in this case, are two fold: First, the cost of building a cell tower within the historic district is forever changing the character of this historic section of town. Southold spent dearly to not only maintain but build upon this historic character by removing standard LIPA street lighting and replacing it with old fashioned style street lanterns. Why negate the planned effect of this lighting with a cell tower which will have a negative visual impact from the center of town? It makes no sense and highlights short-sighted planning and ill- advised spending practices. Second, once the Town changes code to accommodate a cell tower in this area it opens up the possibility of changing code to permit cell towers in other sensitive areas we should be protecting, not exploiting. We have to stop opening up Town and other public lands to intrusive, character-changing projects. We have to stop spending resources on one program to project a better image of the town and then negate that investment with another ill-conceived, ill-placed program. The NFEC agrees with James Grathwohl, chairman of the Historic Preservation Commission, when he said. "We understand the need for clear and effective wireless communication, especially in Southold hamlet, but not at Town Hall, in the Southold National Historic District. It sets a bad precedent that laws can be changed to gain additional income without preserving the town's historic landmarks." Sincerely, /y/ William Toedter president, NFEC Cooper, Linda From: Standish, Lauren Sent: Tuesday, February 11, 2014 8:44 AM To: Neville, Elizabeth Cc: Cooper, Linda Subject: FW: Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities Attachments: 021114 cell tower letter.pdf From: sNorth Fork Environmental Council [mailto:office(alnfecl.org] Sent: Tuesday, February 11, 2014 7:58 AM To: Russell, Scott; Standish, Lauren Subject: Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities Dear Sup. Russell and members of the Southold Town Board, Attached, please find a letter from the NFEC stating our position opposing the change in Town Code and proposed siting of a cell tower behind Town Hall as it goes against not only the historic character of the district but also the investment the Town has made in stylized street lights in the hamlet center ...a visual whose investment and effect would be negated by a tower in this area. You've worked hard to preserve the rural and historic character of this area. A cell tower would go against that commitment to the Town, its residents and its past. Sincerely, William Toedter president, NFEC North Fork Environmental Council PO Box 799 X-4 Mattituck NY 11952 x North Fork 7 v` phone: 631298.8880 Environmental Council fax: 631298.4649 www.NFECl.org t to`N of TOWN OF RIVERHEAD Office of the Town Attorney 200 HOWELL AVENUE, RIVERHEAD, NEW YORK 11901-2596 R~~ERHEP~ Tel: (631) 727-3200 Fax: (631) 727-6152 Robert F. Kozakiewicz, Town Attorney - Ext. 216 RECEIVED Annemarie Prudenti Daniel P. McCormick William M. Duffy Laura J. Calamita Deputy Town Attorney Deputy Town Attorney Deputy Town Attorney Paralegal J A RI ? 21014 Ext. 608 Ext. 605 Ext. 378 Ext. 215 Southold Town Clerk January 16, 2014 Elizabeth A. Neville, MMC Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Local Law - Amendments to Chapter 280 Wireless Communications Facilities Dear Ms. Neville: For your records find acknowledgment signed by Supervisor Sean M. Walter on January 13, 2014 regarding public hearing noticed to be held on January 14, 2014 at 7:32 p.m. If you require anything further regarding this matter, contact the undersigned. y yours, o~v~"a' ~fzV t Robert F. Kozakiewicz, Town Attorney Enclosure cc: Sean M. Walter (without enclosure) 1S11FF0(X ELIZABETH A. NEVII&E, MMC Tbwn Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 i! Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER as gblephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OFSOUTHOLD RECEIVED JAN 13 2014 January 2, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: 7:32 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wireless Communication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton p Date: t I3/~ Signature, Received By S•@ ~ AA-K- Title: W ~ svP-tcv~sv~ Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK LEGAL NOTICE ` r NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chanter 280 Zonine. in connection with Wireless Communication Facilities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of January 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zonin in connection with Wireless Communication Facilities" reads as follows: LOCAL LAW NO, 2014 A Local Law entitled, "A Lo al Law in relation to Amendments to Chanter 280, Zonin in connection with Wireless Communication Facmnes". BE IT ENACTED by the Town Board of the Town of Southold as follows: I, Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified below: and subjee4 to Cha , . A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and stibiect to the requirements of Chapter 17(l Landmark Preservation. B, Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the re uirements of Cha ter 170, Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. D. Wireless communication facilities on vacant, commercially zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 17, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk Cell Towers ~ ~Page 1 of 9 • Home lif rim Dom;ni~~ • Products 4 P f~ / - ~dJ~ • &A) • EMF Health Concerns)) • Smart Meters • Cell Phones RECEIVED • Power Lines • WiFi • Testimonials also • Research • Bloc U4014 Town Cler# • Kids) • About Us) NON-US CUSTOMERS: Reduce Customs & Shipping Fees 800.474.2584 customerservice(aearthcalm.com I Contact Us N Cell Towers New Study Linking Cell Tower Radiation with Cancer Published August 12, 2013 1 By Vidya, Editor • A new study has been released correlating cancer deaths with cell tower radiation. Researchers headed by Adilza Condessa Dode, Ph.D. of the Minas Methodist University Center in Brazil found that more cancer deaths occurred in the areas closest to the base station clusters in the Belo Horizonte municipality in Brazil from 1996 to 2006 than in areas further away. Analyzing the numbers from three different databases, the researchers found that 856 cell towers had been installed during the time period studied; and in that time, 7,191 cancer deaths had occurred within an area of 500 meters from the towers. file:///C:/Users/Marie/AppData/Local/Temp/Low/9NUB3Z86.htm 1/14/2014 Cell Towers Page 2 of 9 Incidence of cancer in areas beyond that distance decreased proportionately during the same time period. In the region where a larger number of towers had been erected, the incidence amounted to 5.83 per 1,000 people; whereas in the region where there were fewer cell towers, a much lower incidence occurred: about 2.05 per 1,000. Over 80 percent of those who died from cancer resided approximately a third of a mile away from one of the hundreds of cell towers in the city. These cancers, mostly found in the prostate, lungs, kidneys, breasts and liver are the ones associated with electromagnetic radiation exposure. Not an Isolated Study Many research studies in a number of different countries over the last decade have also linked cancer to living near cell towers. One notable study performed in 2004 headed by Horst Eger involved 1,000 patients and showed that the proportion of cancer cases was three times higher among those people who had lived within 400 meters of a cell tower during the past 10 years. N In another study conducted by Dr. Siegal Sadetzki of Tel Aviv University in 2010 examined 622 people living within 350 meters of a cell tower during a period of 3-7 years. The results showed that there were over four times as many cancer patients from the area near the cell tower compared to a group living further away from the tower. In 2007, British researcher, Dr. John Walker compiled a series of cluster studies on the effects of cell tower radiation. Studies showed high incidences not only of cancer, but also brain hemorrhages and high blood pressure within a radius of 400 yards of mobile phone towers. Other Health Effects Linked to Cell Tower Radiation Numerous other health symptoms have been correlated to exposure to cell tower radiation in studies done by R. Santini in France and E.A. Navarro in Spain, such as: ' • Fatigue • Sleep disturbances • Headaches • Difficulty concentrating, memory loss • Depression, irritability • Cardiovascular disorders • Dizziness The Evidence Grows An increasing number of studies and organizations support the conclusions of the Brazilian study. The International Association for Research on Cancer (IARC), based upon findings from research conducted by an international groups of scientists, concluded that electromagnetic radiation is a possible carcinogen. Other independent scientists have also put out an unequivocal health warning against all man-made electromagnetic radiation exposure, including those radiating from cell towers. file:///C:/Users/Marie/AppData/Locat/Temp/Low/9NUB3Z86.htm 1/14/2014 Cell Towers I Page 3 of 9 Posted in Cell Towers India Addresses Health Hazards from Mobile Towers and Cell Phones with Stringent Regulations Published September 18, 2012 1 By Vidya, Editor r` On September 1, 2012, the Indian Government officially set into motion rigorous regulations regarding the dangers of electromagnetic exposure to public health. The N government is now regulating radiation emissions from both cell towers and cell phone handsets. Setting an important example with these new regulations, India joins a select handful of countries in the world that have put stringent standards on the telecom industry. Standards are approximately ten times stronger than those of many other countries. The new regulations are based on recommendations of the Inter-Ministerial Committee, consisting of the Department of Telecom, the Ministry of Health, the Ministry of Environment and Forests, the Dept of Biotechnology and the Indian Council of Medical Research. They were produced after a careful study by all these agencies of studies on health hazards from mobile towers and on the effects of electromagnetic exposure from cell phones. New Standards Addressing Health Hazards from Mobile ' Towers The exposure limit has been lowered to one-tenth of the level it had been. Audits on service providers will take place on a random basis (and in all cases in which there is a public complaint). Furthermore, the test procedure of measurement of electromagnetic fields has been revised to create more realistic and accurate records. And there is now a hefty fine for non-compliance of the new standards. New Standards for Cell Phone Manufacturers Also addressing the health risks of electromagnetic exposure from cell phones, the regulations have set a lower limit on the specific absorption rate (SAR) on all cell phones manufactured in or imported into India. The SAR must be displayed on all handsets and the information is to be made available to all consumers at the point of sale. In addition, every cell phone handset booklet must contain safety precautions, and all handsets must be available in hand-free mode. Manufacturers of current models are given one year to comply with the new regulations. file:///C:/Users/Marie/AppData/Local/Temp/Low/9NUB3Z86.htm 1/14/2014 Cell Towers I Page 4 of 9 There are numerous other countries in the world, especially in the first-world, that are steeped even more deeply in electromagnetic exposure than India is. Hopefully, they will take notice and follow India's lead in taking seriously the health hazards from mobile towers and cell phones-and doing something about them. Posted in Cell Towers Cell Tower Radiation-Is it Hazardous? Published May 31, 20111 By Vidva, Editor Dangers of cell towers have been well-documented over the last decade. Cell tower radiation is indeed hazardous, and more and more people are concerned about it. Although the telecom industry and federal governments maintain there's no conclusive evidence of health risks of cell tower radiation, literally dozens of studies world-wide consistently warn us about the dangers. Following is just a sampling of these studies. Research on Cell Tower Radiation Australia: As far back as 1995, Prof. Henri Lai and N.P. Singh documented damage to the DNA of ' rats when exposed to the same kind of radiation as that emitted by cell towers. He conducted another study in 2004, which confirmed these earlier results. DNA damage can lead to a wide variety of disorders, including cancer. f In another Australian study two years later, Dr. Bruce Hocking in Sidney found that children living "k near TV and FM broadcast towers (emitting the same kind of radiation as cell towers) had more than twice the rate of leukemia than children living more than seven miles away. New Zealand: In 2002, Dr. Neil Cherry, biophysicist at the University of New Zealand, wrote a 120- page review of 188 scientific studies on the dangers of cell towers. He stated that the government standards were based only on thermal effects, and did not take into consideration the non-thermal effects that also take place-such as cell death and DNA breakdown. "To claim there is no adverse effect from phone towers flies in the face of a large body of evidence." ranee: In 2003, a study was conducted by R. Santini, et al, in Rennes, France. They found that T people living within 300 meters of cell antennas reported the following disorders: "fatigue, sleep disturbances, headaches, feeling of discomfort, difficulty concentrating, depression, memory file:///C:/Users/Marie/AppData/Local/Temp/Low/9NUB3Z86.htm 1/14/2014 Cell Towers I Page 5 of 9 loss, visual disruptions, irritability, hearing disruptions, skin problems, cardiovascular disorders and dizziness." 4 Spain: Also in 2003, E.A. Navarro in Valencia, Spain conducted a study in which he concluded that ` exposed individuals that lived within 50 and 150 meters of the base station... experienced more headaches, sleep disturbances, irritability, difficulty concentrating, dizziness, appetite loss and dizziness." Germany: Horst Eger, et al, in a study conducted in 2004 in Naila, Germany, gathered evidence from f~1000 patients residing at the same address during a period of 10 years. Their findings were that the proportion of newly-developed cancer cases was three times higher among those who had lived at a distance of up to 400 m (1300 R) from a cell tower, compared to those living further away. They also fell ill on the average of 8 years earlier. K: In 2007, Dr. John Walker compiled a series of cluster studies on the effects of cell tower radiation. Seven clusters of cancer and other serious illnesses were discovered around mobile phone masts. Studies of the sites showed high incidences of cancer, brain hemorrhages and high blood pressure within a radius of 400 yards of mobile phone masts. One of the studies, showed a cluster of 31 cancers around a single street. A quarter of the 30 staff at a special school within sight of the 90ft 40 high mast had developed tumors since 2000, while another quarter had suffered significant health problems. Israel: In 2010, Dr. Siegal Sadetzki of Tel Aviv University testified at a US Senate Hearing that she had examined 622 people living from 3-7 years within 350 meters of a cell tower. They were compared to a group who lived further away. The results were startling: there were over four times as many cancer patients from the area near the cell tower. Women were especially susceptible. India: In 2011, Dr. Neha Kumar at India's Anna University, et al., indicated a rise in attention disorders in people (especially in children) who received prolonged exposure to EMFs from cell towers. What will it take to Alert People to the Dangers of Cell Tower • Radiation? With so much evidence about cell tower radiation health risks, how is it that governments allow cell phone companies to continue to erect more and more cell towers and antennas? One factor, of course, is that although ever-growing numbers of people are voicing concerns about possible health risks of cells towers, most people want good reception on their phones, file:///C:/Users/Marie/AppData/LocaUTemp/Low/9NUB3Z86.htm 1/14/2014 Cell Towers I Page 6 of 9 wherever they happen to be. And competing cell phone companies are very accommodating; they strive to put up as many cell towers and antennas as they can to keep their far-roaming customers satisfied. But another reason is that governments continue to protect the right of the telecom industry to put up as many towers as they want. In the US, the wireless industry is protected by Article 704 of the Telecommunications Act, signed by President Clinton in 1996. This act does not allow rejection of a tower based on health risks. It even prohibits arguments of potential health risks from towers to be made at a public hearing. It's well-known that the US government receives sizable revenues every year in taxes from the telecommunications industry. And the telecom industry, of course, benefits greatly from its sales that are now sky-rocketing, even in a depressed economy. A speaker at a recent hearing on the subject of the dangers of cell towers aptly quoted Upton Sinclair: "It is difficult to get a man to understand something when his salary depends on him not understanding it." Approaches to Minimize the Risks There are several approaches you can take to minimize the risks of living near cell towers: 1. Avoid or minimize your exposure. If you find your home is surrounded by cell towers and moving isn't an option, you can find some help from specially-formulated EMF protection paint, shielding fabric or shielding glass or tinting for windows. 2. Use EMF protection devices, such as pendants, chips or other protective devices. Good products will ground you into the earth's electro-magnetic field to strengthen your biofield. This helps to restore cellular function and strengthen your immune system. 3. Reverse the damage that EMFs have already done. Do this through nutritional support, such as with anti-oxidant supplementation, which can counteract the effects of free radicals caused by EMF exposure. Glutathione and CoQ 10 are also helpful. EarthCalm's Solution to Cell Tower Radiation Risks %go* The EMF Home Protection System will give you effective protection from cell towers around your home. One unit covers the entire home, regardless of size of house. = rhilrimn file:///C:/Users/Marie/AppData/LocaUTemp/Low/9NUB3Z86.htm 1/14/2014 OFFICE LOCATION: OF SO(/TyO MAILING ADDRESS: Town Hall Annex h0 l~ P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 G Q Fax: 631765-3136 coum, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM JA N 1 4 2014 To: Supervisor Scott Russell Southold Town Clerk Town of Southold Town Board • From: Mark Terry, Principal Planner LWRP Coordinator Date: January 14, 2013 Re: Local Waterfront Revitalization Coastal Consistency Review "A Local Law in relation to Amendments to Chapter 280. Zonina, in connection with Wireless Communication Facilities". The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP provided that the Planning Board evaluates any future action to "Avoid potential adverse impacts of new development on nearby historic resources" as set forth in Policy 2.1 below to the greatest extent • practicable. 2.1 Maximize preservation and retention of historic resources. D. Avoid potential adverse impacts of new development on nearby historic resources. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J. WILCENSKI OF SOpr~olo Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY A Q 54375 State Route 25 JAMES H. RICH III ~O (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR COMM ~uthold, NY 1111 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD JAN 1 0 2014 MEMORANDUM Southold Town Clerk To: Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman • Date: January 9, 2014 C1 Re: Resolution Number 2013-903 "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" Thank you for the opportunity to provide comments on the above Local Law to amend Chapter 280, Zoning, in connection with Wireless Communication Facilities. The Planning Board supports the proposed amendments to §280-75. This Code section already provides certain exceptions to the prohibition of wireless facilities on parcels with Landmark designation, and the amendment will add a fourth exception for vacant parcels with commercial zoning. §280-75 Historic Buildings and Districts is intended to protect historic structures and historic districts from the addition of a structure that interferes with the character of those places. Currently, this section of the Code prohibits cell towers on Landmarked properties, but does allow for "stealth" wireless facilities to be located within a historic structure. The current exceptions in this section allowing for wireless facilities on landmarked property under certain circumstances are an acknowledgement of the intent to permit a wireless communication facility to be located in a historic district with proper review and restrictions. Town Clerk Elizabeth Neville January 9, 2014 Page Two The Landmark status is generally enacted to protect buildings with historic value. Within historic districts, however, certain adjacent parcels with no buildings were unavoidably included within the boundaries of the district and automatically designated with the Landmark status. This situation, where a parcel has Landmark status, but does not have any historic structures located on it, was not contemplated in the wireless facilities code. There are likely cases where a vacant parcel with a Landmark designation could successfully accommodate a cell tower without interfering with the character of a historic district. Examples would include a heavily-wooded parcel that is sizeable, or a parcel that is located on the outside edge of a historic district with existing trees to mitigate visual impacts. In planning for wireless facilities, the Planning Board has found that cell towers are better located on commercially-zoned land where the impacts to residential districts are decreased. Including the restriction that the land be commercially zoned, as well as vacant, in the proposed exception will help achieve this goal. In a review of the parcels in Southold with Landmark status, only one of the 274 landmarked parcels is currently both without structures and commercially zoned, thus limiting the reach of this amendment. This exception will provide for increased opportunities to site wireless facilities where they are needed and deemed appropriate. The Planning Board has reviewed the proposed amendments and supports the adoption of this legislation. • cc: Scott Russell, Town Supervisor Members of the Town Board Town Attorney 01/09/2014 12:57 631-853-4044 S C PLANING DEPT PAGE 02 RECEIVED JAN 10 10 Steven Belton SURROLK COUNTY EXECUTIVE Southold Town Cler# Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment January 9, 2014 Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn: Linda J. Cooper • Applicant: Town of Southold Zoning Action: Amendments to Chapter 280, Zoning in connection with Wireless Communication Facilities Adopted Resolution No. 2013-903 S.C.P.D. File No.: SD-14-LD Dear Ms. Cooper: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. • Very truly yours, Sarah Lansdale Director of Planning Andrew P. Freleng Chief Planner AFF:cd LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HVYY, 4eh FI ¦ P,O. 90X a1 W a HAUPPAUOE, NY 1175 WOO a (931) ssYslsl STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the day of 1Q EL , 2013, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Chapter 280-75 PH 1/14/13 V7" Linda J. Co per Deputy Town Clerk Sworn before me this o2otq Qj ay of ,29;`3. Notary Publ'c BONNIEJ. DOROSKI Notary Public, State Of New York • No. OID06095328, Suffolk Co Term Expires July 1, 20 #11499 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 2nd day of January, 2014. J Principal Clerk Sworn to before me this day of /2014. LEGAL NOTICE NOTICKOF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 250. Zoning, in connection with ,JI-.IKL,4llrl I Wireless Communication Facilities" and NOTICE IS HEREBY FURTHER CHRISTINA VOLINSKI GIVEN that the Town Board of the NOTARY PUBLIC-STATE OF NEW YORK Town of Southold will hold a public hearing on the aforesaid Local Law at NO. 01V06105060 the Southold Town Hall. 53095 Main QU011114d In Suffolk County Road, Southold, New York, on the 14th My Commission Expires day of January 2014, at 7:32 p.m. at February 28, 2016 which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280. Zoning, in connection With Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wreless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. This amendment is intended to make the provisions of Section 280-75 consis- tent with the siting priority rules in Sec- tion 280-70 and to clarify the restrictions on the siting of a wireless communica- tion facility on vacant land. D. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280.75. Historic buildings and dis- tricts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as speci- fied below: and subject to Chapter i7o; Lartdmark-Pttsereatiaa A. Any wireless communication facil- ity located on or within an historic struc- ture listed by Federal, State or Town agencies shall not alter the character- defining features, distinctive construe- lion methods or original materials of the building and subject t the requirements of Chapter 170 Landmark Preservation B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully re- versible and bj t to the reQuirements of Chapter 170. Landmark Preservation. C. Wireless communication facili- ties within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing ar- chitectural features, so that they we not _a.-. Wrmtnu_ -cab2 mc:mro~ v c nl rn c ally-zoned p reels tIt > ma k stat ndl r in a d si - nated hi tonic district. ar he discretion dtha_fin~- n w f 1l im n arbv is o is td la dm r_ or dt tr is a a r I HL SEVERABISnITe If any clause, ce, paragraph, section, or part of this Local Law shall be adjudged by any court Incompetent jurisdiction to be invalid, judgment shall not affect the r thereof other than a whole or any p the part so decided to be unconstitution- al or invalid. IV- EFFECTIVE DATE This Local Law shall take effect on mediately upon filing with the Secretary of State as provided by law. Dated: December 17,20113 ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 11 499-1T11 499 112 SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 280 - WIRELESS COMMUNICATION FACILITIES THE PROPOSED LOCAL LAW THAT IS BEING SET FOR PUBLIC HEARING THIS AFTERNOON AMENDS CHAPTER 280 OF THE TOWN CODE ENTITLED "ZONING" IN CONNECTION WITH WIRELESS COMMUNICATION FACILITIES. THE PURPOSE OF THESE AMENDMENTS IS TO MAKE THE PROVISIONS OF SECTION 280-75 CONSISTENT WITH THE SITING PRIORITY RULES IN SECTION 280-70 AND TO CLARIFY THE RESTRICTIONS ON THE SITING OF A WIRELESS COMMUNICATION FACILITY ON VACANT LAND. MORE SPECIFICALLY, WIRELESS COMMUNICATION FACILITIES ARE ONLY PERMITTED ON A DESIGNATED LANDMARK PROPERTY OR DISTRICT IF: 1. THE WIRELESS COMMUNICATION FACILITY IS LOCATED ON OR WITHIN A HISTORIC STRUCTURE OR IF THERE IS ALTERATION TO A HISTORIC STRUCTURE TO ACCOMMODATE A WIRELESS 40 COMMUNICATION FACILITY, SUBJECT TO THE REQUIREMENTS OF CHAPTER 170, LANDMARK PRESERVATION; OR 2. THE WIRELESS COMMUNICATION FACILITY IS LOCATED ON A VACANT, COMMERCIALLY-ZONED PARCEL IN A LANDMARK DISTRICT, MAY BE PERMITTED AT THE DISCRETION OF THE PLANNING BOARD IF THE IMPACTS TO THE DISTRICT ARE MITIGATED. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. RESOLUTION 2013-903 ADOPTED DOC ID: 9423 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-903 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 17,2013: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17s day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zonine, in connection with Wireless Communication Facilities" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 14", day of January 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zonine, in connection with Wireless Communication Facilities" reads as follows: r LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zonine, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. H. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified below: and-subjeet to Chapter- 170, Landmark Presefvatie . • A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170, Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. . Resolution 2013-903 Board Meeting of December 17, 2013 D. Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Updated: 12/17/2013 11:23 AM by Lynne Krauza Page 2 ~o 4%UFFO(,rco ELIZABETH A. NEVILLE, MMC „ Gy Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 to Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 0 • .t! Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER T www•southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: 4:3APM -A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities ease sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ~Q Elizabeth A. Neville Town Clerk Attachments cc: Leuffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport v- Fown of Riverhead P-lown of Shelter Island Town of Southampton Southold Town Building Department Southold Town Board of Appeals • Southold Town Planning Board Date: Signature, Received By Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK O~OgtlFFO(,Yco ELIZABETH A. NEVILLE, MMC hy~ I.y Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 CA Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p • ,F Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER T www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: 4:34 PM -A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities ease sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Riverhead Town of Shelter Island Town of Southampton Southold Town Building Department Southold Town Board of Appeals • Southold Town Planning Board L Date: Signature, Received By &'ea' ~GiFl~rv f~ Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK n ELIZABETH A. NEVILLE, MMC 'of Fat K Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 at Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER 1 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: • 7:32 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wireless Communication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. 0 e?2 ~ ~ Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold 'Gown Building Department Southold Town Board of Appeals Village of Greenport • Town of Shelter Island Town of Riverhead Town of Southampton Date: g /~f ig ature, Recei ed I// o Title: Ple se print name TT PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ~y guffat ELIZABETH A. NEVILLE, MMC ~Zr Town Hall, 53095 Main Road TOWN CLERK _ P.O. Box 1.179 it Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ' Fax (631) 766-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER aE x OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: 7:32 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wireless • Communication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport • Town of Shelter Island Town of Riverhead n Town of S/oyutthamppt?on1d~ [1-l-- LItL 1/Y11.._ _ Date: Signature, Received By Please print name PLEASE. SIGN AND RETURN TO SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE. IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17`h day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zonine, in connection with Wireless Communication Facilities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Ball, 53095 Main Road, Southold, New York, on the 14"day of January 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zonine, in connection with Wireless Communication Facilities" reads as follows: • LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarity the restrictions on the siting of a wireless communication facility on vacant land. H. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified • below: and-so ' . A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Cha tep r 170. Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. D. Wireless communication faeilitics on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planninu Board with a finding that potential, impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE • This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 17, 2013 BY ORDER OF THE TOWN BOARD OF THE, TOWN OF SOUTHOLD Elizabeth Neville Town Clerk • ~~y4g~FFOtq-~~ ELIZABETH A. NEVILLE, MMC Y~y Town Hall, 53095 Main Road TOWN CLERK P.0. Box 1179 w at Southold, New York 11971 REGISTRAR OF VITAL STATISTICS > Fax (631) 766-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER ?vim www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD JAN - 8 2014 January 2, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: 7:32 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wireless • Communication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. e"aV-K 40;11& Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport • Town of Shelter Island Town of Riverhead T of South ton r Date:. 40-13- g~ Signature, eceived y l~~ 1 Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC yfhy~~a C~2r- Town Apll, 53096 Main Road TOWN CLERK 14 P.O. Box 1179 y 7C +y Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Sip • Fax (631) 766-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER `>w wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER zF OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: 732 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wireless Communication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport • Town of Shelter Island Town of Riverhead Tow of So t Date: Signature, Received By tk- Title: /~7m_.1~e Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 01/07/2014 22:49 6312835606 SOUTHAMPTON TOWN CLK PAGE 01/01 'prrr'~g~FF01~t; ELIZABETH A. NEVILLE, MMC hp~~~r QGk 'lawn }loll, 63096 Maim Road TOWN CLERK P.O. Box 1179 of Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ~p Fax (631) 765-8145 MARRIAGE OFFICER Off. Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER ~l ~a www.eoutholdtownuygov FRREDOM OF INFORMATION OFFICER ~r~r b OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 14,2014: 7:32 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wireless Communication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Oreenport • Town of Shelter Island Town of Riverhead Town of Southampton _ _SA-~ A_ SDate: t ! 8 - t3 Signature, Received By v"A O4F-o-k-% . -iw. Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 01/08/2014 11:18 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A. NEVILLE, MMC ~fa~ Town Hall, 63096 Mein Road TOWN CLERK P.O. Boa 1179 Southold, Now York 11971 REGISTRAR OF VITAL STATISTICS 'j Fax (691) 786.6146 MARRIAGE OFFICER Telephone (691) 7664600 RECORDS MANAGEMENT OFFICER ~f. FREEDOM OF INFORMATION OFFICER T www•southoldwwnny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARIN ' on the proposed Local Law listed below on January 14, 2014: 7:32 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wi less Wommunication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Oreenport Town of Shelter Island Town of Riverhead • Town of Southampton 'o-Afia. Dawhowk Signature, Rec ed By 47 S ^e V Title: ~LeRe Please print nam PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK E0. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS? > Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2014 RECEIVED JAN 13 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: 7:32 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wireless Communication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. a Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport • Town of Shelter Island Town of Riverhead Town of South n V"."% , \,'3 r.-Lb, Date: t 1 I y Signature, Received By e ayX VA, W0.\ V l Title: W^ S V Please pnnt name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK O~~gUFFO(,~~o ELIZABETH A. NEVILLE, MMC ~Q. ay Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 VJ Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 0 • Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER T www.southoldtownnygav OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 2, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on January 14, 2014: 7:32 PM -A Local Law in relation to Amendments to Chapter 280, Zoning in connection with Wireless Oommunication facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport • Town of Shelter Island Town of Riverhead Town of Southampton Date: Signature, Received By Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Cooper, Linda From: Cooper, Linda Sent: Wednesday, January 08, 2014 9:06 AM To: 'Riverhead Town Clerk'; 'Shelter Island Town Clerk'; 'Southampton Town clerk'; Sylvia Pirillo; Bunch, Connie; Cooper, Linda; Lanza, Heather, Nunemaker, Amanda; Randolph, Linda; Toth, Vicki; Verity, Mike Subject: Public Hearing Notice Attachments: PH notice_20140108084113.pdf • • 1 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of January 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" reads as follows: • LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified • below: and subje°"^ Chapter 170i andm°-'' Pres.fyat:,.. A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170, Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. D. Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE • This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 17, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON January 2, 2014, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: • The Suffolk Times Town Board Members Town Attorney TC's Bulletin Board Building Department ZBA Town Website Historic Pres Comm o~~g~fFO[,~-co ELIZABETH A. NEVILLE, MMC h~ ~y Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 y 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p Fax (631) 765-6145 MARRIAGE OFFICER y~Ol ~aO~ Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 8, 2014 Re: Resolution Number 2013-903 entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communications Facilities" • Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on December 17, 2013 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at a suitable time in order to allow • sufficient time for the Town Board to review it before the public hearing.. This proposed local law will also be transmitted to the Southold Town Planning Department for their review. The date and time for this public hearing is 7:32 P.M., Tuesday, January 14, 2014. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, cl Linda J. Cooper Southold Deputy Town Clerk Enclosure cc: Town Board Town Attorney o~~ggFfO[,r~~G ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 C42 Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS We • Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1500 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 8, 2014 Re: Resolution Number 2013-903 entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communications Facilities" • Donald Wilcenski, Chairman Southold Town Planning Board 54375 State Route 25 Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski, The Southold Town Board at their regular meeting held on December 17, 2013 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at a suitable time in order to allow sufficient time for the Town Board to review it before the public hearing.. This proposed local • law will also be transmitted to the Suffolk County Planning Department for their review. The date and time for this public hearing is 7:32 PM, Tuesday, January 14, 2014. Please do not hesitate to contact me, if you have any questions. Thank you. Very ~ ttrrullyy yours, d Linda J. Cooper Southold Deputy Town Clerk Enclosure cc: Town Board Town Attorney RESOLUTION 2013-904 ADOPTED DOC ID: 9424 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-904 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 17,2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and recommendation. ~Q Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • Cooper, Linda From: Tracey Doubrava <tdoubrava@timesreview.com> Sent: Wednesday, December 18, 2013 10:09 AM To: Cooper, Linda Subject: Re: Chapter 280-75 Wireless 1-14-14 Hi Linda, I've got this and will have published in the 1/2 edition of the Suffolk Times. You are correct - we will not have Legals in the 12/26 special Year In Review edition. Thanks. Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 0attituck, NY 11952 P: (631) 298-3200 E: tdoubrava@timesreview.com From: <Cooper>, Linda <Linda.Cooper@town.southold.nv.us> Date: Wednesday, December 18, 2013 10:10 AM To: tr-legals <legals@timesreview.com> Subject: Chapter 280-75 Wireless 1-14-14 Good Morning, Please confirm receipt of this Legal Notice of Public Hearing for the January 2, 2014 edition of the Suffolk Times. I have been advised there will be no legals published in the Dec. 26 issue of the Times. Have a Very Merry Christmas and a Happy and Healthy New Year. Deputy Town Clerk Town of Southold 631-765-1800 70 Wd tke kigkeat pca4 You nurat of BcUeoe You ea«. 1 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of January 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. H. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified below: and subj°"t to Chapter 170, r andma-L Drew- , tie • A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170, Landmark Preservation. • C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. D. Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 17, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk MAILING ADDRESS: fX1xs.r PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J. WILCENSKI~ S~I(J,rG Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY 54376 State Route 25 JAMES 11. RICH III ' (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR .+5 ~r Southold, NY rz, ~ Telephone: 631 765-1933 Fax: 631 765-3136 UC;EIVE:D PLANNING BOARD OFFICE TOWN OF SOUTHOLD J "1 1 0 2014 MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board Orom: Mark Terry, Principal Planner Vic Date: December 30, 2013 Re: SEQRA review of "A Local Law in relation to Amendments to Chapter 280. Zoning, in connection with Wireless Communication Facilities". The proposed action; "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" has been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5C (27) provided below, the action is a Type II action and therefore not subject to SEQRA review. (27) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; Please contact me with any questions. Cc: Martin Finnegan, Town Attorney Heather Lanza, Director of Planning *91'le RESOLUTION 2013-903 ADOPTED DOC ID: 9423 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-903 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 17,2013: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17`h day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chanter 280, Zoning, in connection with Wireless Communication Facilities" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 141h day of January 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chanter 280, Zoning, in connection with Wireless Communication Facilities" reads as follows: • LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chanter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified below: and subject to Chapter 170, r ""a"na"l. Presefyat:,.., ,.rte, • A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170, Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. 1 Resolution 2013-903 Board Meeting of December 17, 2013 D Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Updated: 12/17/2013 11:23 AM by Lynne Krauza Page 2 Cooper, Linda From: Cooper, Linda Sent: Wednesday, December 18, 2013 10:12 AM To: Weisman, Leslie; Verity, Mike; Neville, Elizabeth; Norklun, Stacey; Standish, Lauren; Tomaszewski, Michelle; Chris Talbot (christptal@yahoo.com); Dinizio, Jim; Doherty, Jill; Louisa Evans (Ipevans06390@gmail.com); Russell, Scott; W. Ruland (rulandfarm@yahoo.com); Andaloro, Jennifer; Finnegan, Martin; Krauza, Lynne Cc: Toth, Vicki; Conklin, Pat; Anne Surchin; Cooper, Linda; Donald Feiler; Douglas Constant; Gary Parker, James Garretson; James Grathwohl; Rallis, Damon Subject: Chapter 280-75 Wireless 1-14-14 Legal Notice of PH Attachments: Chapter 280-75 Wireless 1-14-14.docx FYI 1