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HomeMy WebLinkAboutPBA-08/03/2015 MAILING ADDRESS: PLANNING BOARD MEMBERS V4?���� �® P.O.Box 1179 DONALD Southold,NY 11971 Chair IZ 3 OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTS' O .�� 54375 State Route 25 JAMES H.RICH III ��r (cor.Main Rd. &Youngs Ave.) MARTIN H.S1--DOR co���,� Southold,NY Telephone:631 765-1938 www.southoldtownny.gov PLANNING]BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING AGENDA AUGUST 3, 2016 6:00 P.m. SETTING OF THE NEXT PLANNING BOARD MEETING Board to set Monday, August 31, 2016 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. SUBDIVISIONS Conditional Sketch Plat Determinations: Ridgway -This proposal is to subdivide a 9.6 acre parcel into 3 clustered lots where Lot 1 equals 4.3 acres inclusive of 3.8 acres of open space and 1.4 acres of unbuildable land, Lot 2 equals 1.6 acres and Lot 3 equals 3.7 acres inclusive of 2.0 acres of Open Space and 0.8 acres unbuildable land. The parcel is located in the R-80 Zoning District at 1588 Fox Avenue, on the west side of Fox Avenue and adjacent to Hay Harbor, on Fishers Island, SCTM#1000-6-1-3 Gonzalez- This proposal is for a Standard Subdivision of a 4.29 acre parcel'into two lots where Lot 1 = 2.13 acres and Lot 2 = 2.17 acres located in the R-80 Zoning District. The property is located at 2050 Platt Road, approximately 1823' to the south_ of N.Y.S. Route 25, in Orient. SCTM#1000-27.-1-9 Conditional Preliminary Plat Extensions: Cutchogue Business Center-This proposal is a Standard Subdivision of a 6.10 acre parcel into five lots where Lot 1 equals 1.29 awes, Lot 2 equals 0.92 acres, Lot 3 equals 1.47 acres, Lot 4 equals 0.92 acres, and Lot 5 equals 1.06 acres, located in the LI Zoning District at 12820 Oregon Road, on the corner of Cox Lane & Oregon Road, Cutchogue. SCTM#1000-83-3-4.6 Southold Town Planning Board Pae 12 August 3, 2015 PERFORMANCE BOND DETERMINATIONS Cutchogue Business Center- SCTM#1000-83-3-4.6. SPECIAL EXCEPTIONS Determinations: Mattituck Fire District Telecommunications Facility - This proposed Special Exception (and Wireless Communications Site Plan) is to replace an existing ±84' communications tower with a 120' antenna support structure/tower with associated equipment and a generator to be mounted on the roof of the existing firehouse. There are ±14,370 sq. ft. of existing buildings including the main fire house and associated accessory structures, all on 1.38 acres in the Hamlet Business Zoning District. The property is located at 1000 Pike Street, on the s/w corner of Pike Street & Wickham Avenue, Mattituck. SCTM#1000-140-3-11.1 SITE PLANS Determinations: Mattituck Fire District Telecommunications Facility - This proposed Wireless Communications Site Plan is to replace an existing ±84' communications tower with a 120' antenna support structure/tower with associated equipment and a generator to be mounted on the roof of the existing firehouse. There are ±14,370 sq. ft. of existing buildings including the main fire house and associated accessory structures, all on 1.38 acres in the Hamlet Business Zoning District. The property is located at 1000 Pike Street, on the s/w corner of Pike Street & Wickham Avenue, Maftituck.SCTM#1000- 140-3-11.1. Set Hearings: ADF Ventures - This Site Plan is for an electrical contractor's yard and proposed construction of a 64' x 36' (2,304 sq. ft.) building for storage and bathroom with four parking stalls on 0.22 acres in the Light Industrial Zoning District. The property is located at 620 Corwin Street, on the s/e corner of Seventh Street & Corwin Street, Greenport. SCTM#1000-48-2-44.2 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type Classifications: ADF Ventures - SCTM#1000-48-2-44.2. Southold Town Planning Board Pae 13 August 3, 2015 PUBLIC HEARINGS 6:01 p.m. -A & S Southold Oil Corp. - This amended Site Plan is for the construction of a 1,568 sq. ft. canopy pursuant to ZBA File #6757 to cover the existing fuel pumps on 0.3 acres in the General Business (B) Zoning District. The property is located at 49670 NYS Route 25, on the corner of NYS Rt. 25 & Main Bayview Road, Southold. SCTM#1000-70-7-4 6:02 p.m. - Southold Gas Station & Convenience Store - This amended Site Plan is for the proposed conversion of an existing 3,476 sq. ft. building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales with: 6 fuel pumps (12 fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.) and the other at 50' x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46 acres in the General Business (B) Zoning District. The property is located at 45450 CR 48, on the s/w corner of CR 48 and Youngs Avenue, Southold. SCTM#1000-55-5-2.2 6:03 p.m. - Mercier & Mattiituck Park District- This proposed Lot Line Change will transfer 0.08 acres from SCTM#1000-140-1-19.1 to SCTM#1000-140-1-21. Lot 21 will increase from 0.16 acres to 0.24 acres and Lot 19.1 will decrease from 1.23 acres to 1.15 acres located in the R-40 Zoning District. The property is located at 1045 & 1215 Love Lane, on the corner of Love Lane and County Road 48, Mattituck. HEARINGS HELD OVER Harold R. Reeve & Sons, Inc. - This proposal is for a Standard Subdivision of a 5.1 acre split-zoned parcel into 4 lots where Lot 1 equals 1 acre inclusive of 0.06 acres of unbuildable land, Lot 2 equals 1 acre inclusive of 0.05 acres of unbuildable land, Lot 3 equals 1 acre inclusive of 0.04 acres of unbuildable land located in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. A 0.3 acre proposed private road, Creek View Lane, is located on the northeast side of the subdivision off of Wickham Avenue. This proposal includes a Change of Zone Application where the zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning District. The property is located at 1605 Wickham Avenue, on the n/s/o County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck. SCTM#1000-140-1-6 APPROVAL OF PLANNING BOARD MINUTES Board to approve the minutes of: July 6, 2015. MAILING ADDRESS: PLANNING BOARD MEMBERS �*®f SOUp�®HI Southold,P.O. Box y 1179 971 a xa l® DONALD J.WILCENS � ,;�, Chair €_` OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III ��g (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ev E o,� Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 Linda Margolin, Esq. 1050 Old Nichols Road. Suite 200 Islandia, NY 11749 Re: Conditional Sketch Plan Approval - Proposed Ridgway, EPR F.I. Trust II Standard Subdivision Located at 1588 Fox Avenue, Fishers Island SCTM#1000-6-1-3 Zoning District: R-80 Dear Ms. Margolin: The Southold Town Planning Board adopted'the following resolution at a meeting held on Monday, August 3, 2015: WHEREAS, this proposal is to subdivide a 9.6 acre parcel into 3 clustered lots where Lot 1 equals 4.3 acres inclusive of 3.8 acres of Open Space and 1.4 acres of unbuildable land, Lot 2 equals 1.6 acres and Lot 3 equals 3.7 acres inclusive of 2.0 acres of Open Space and 0.8 acres of unbuildable land; and WHEREAS, on December 23, 2013, the agent submitted the Sketch Plan Application; and WHEREAS, on January 17, 2014, Planning Staff reviewed the submitted Yield Plan and Sketch Plan and requested that changes be made to meet the Town Code; and WHEREAS, on February 14, 2014, the agent submitted a revised Yield Plan and a revised Sketch Plan as requested in the January 17, 2014 letter; and WHEREAS, on March 13, 2014, the Planning Board reviewed the application at their Work Session and found the application complete. The Board also requested that the agent submit a Project Review Cover Form to the Office of Parks, Recreation and Historic Preservation (OPRHP) and that the Existing Resource Analysis Plan'(ERSAP) be revised to identify areas of slopes that are 20 percent or greater; and Ridgway - Page 12 - August 4, 2015 WHEREAS, on May 13, 2014, the agent submitted a letter from the OPRHP that states that they have no archaeological concerns regarding the proposed project and that further archaeological investigation is not warranted; and WHEREAS, on June 2, 2014, the applicant wrote an e-mail requesting that the Planning Board consider including the Open Space in each of the three proposed lots; and WHEREAS, on June 10, 2014, Staff responded stating that the Planning Board and Staff must make a site visit to the property before discussing site design; and WHEREAS, on August 3, 2014, staff made a site visit to the property; and WHEREAS, on September 3, 2014, the agent submitted a Yield Plan showing four lots; and WHEREAS, on September 8, 2014, the Planning Board, at their Work Session, reviewed the Yield Plan and found that it met the requirements for Yield Plans in Town Code §240-10 B and as such, the yield of the property was determined by the Planning Board to be four lots; and WHEREAS, Town Code Article XI, Cluster Development, grants authority to the Planning Board to create clustered subdivisions; and WHEREAS, the lots in this subdivision were clustered according to the requirements of Article XI, and this resulted in the creation of three residential lots and an area of open space, for which the natural and scenic qualities must be preserved; and WHEREAS, pursuant to §240-43 D, Determination of Location of Open Spaces Created by Cluster Development, open space land should generally remain undivided; and WHEREAS, on September 8, 2014, the Planning Board, at their Work Session, reviewed the applicant's request to divide the required 60% Open Space among all three proposed lots, and denied this request, pursuant to Town Code §240-43 D; and WHEREAS, on May 7, 2015, the agent again requested that the.Open Space be allocated in three proposed lots; and WHEREAS, on June 1, 2015, the Planning Board reviewed the application at their Work Session and agreed to allow the Open Space to be divided and allocated to two lots (Lots 1 and 3), for the following reasons: 1. The small size of the property with only 7.5 acres of buildable land, together with steep topography occurring on much of the property, as well as wetlands and shoreline restrictions, and the existence of two homes to plan around all created a challenging situation for subdivision. 2. The yield of the property has been voluntarily reduced by 25%. 3. It is a relatively small subdivision of only three lots. Ridgway- Page 13 -August 4, 2015 4. The property has never been, and is not likely to be, used for agriculture due to the location, size and topography. 5. There is no adjacent Open Space to attempt to create a larger contiguous open area; and WHEREAS, on June 23, 2015, the surveyor submitted revised maps that show the Open Space in proposed Lots 1 and 3; and WHEREAS, on July 20, 2015, the Planning Board, at their Work Session, reviewed the submitted map and found that all requirements have been met pursuant to Article V Sketch Plat; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Plan Approval upon the map prepared by Richard M. Strouse, Land Surveyor, entitled "Sketch Plan for the Ridgway Clustered Subdivision prepared for EPR Fishers Island Trust", dated December 11, 2002 and last revised June 15, 2015, with the following conditions: 1. The Sketch Plan Approval is a conceptual lot design that has received a minimum amount of review and has not yet been through the public hearing process. As such, the lot design and any other aspect of the Sketch Plan may be required to change during the Preliminary Plat stage after the benefit of a public hearing and a more in-depth review by involved agencies and the Planning Board. 2. Submission of all Preliminary Plat requirements pursuant to §240-16 Submission and §240-17 Technical Requirement of the Southold Town Code. 3. To protect the water quality of Long Island Sound and the environmental sensitivity of the area adjacent to the Sound, the Board has agreed to allow the existing two (2) footpaths to the Sound to remain, however, a Covenant and Restriction is required to limit all three lots to one common dock. 4. Submission of a Certificate of Occupancy for all existing buildings on site. 5. Submission of a Request Natural Heritage Data Form to the Department of Environmental Conservation (DEC). All comments from the DEC must be submitted to the Planning Board for review and approval. 6. The Preliminary Plat must show the following: i. The development area on proposed Lots 1 & 2 must be shown with a dotted line attached to the proposed Open Space. ii. Clarify the location of the 100' non-disturbance non-fertilization buffer located adjacent to Hay Harbor with a more distinct dotted line clearly labeled as such. Ridgway - Page 14 - August 4, 2015 iii. Remove the "Hay Harbor" notation and replace it with "Long Island Sound". iv. The property line shown adjacent to the Sound must be shown as a solid line. Sketch Plan Approval is valid for six months unless an extension of time is requested and granted by the Planning Board. The next step in the subdivision process is the Preliminary Plat Application. Please submit a complete Preliminary Plat Application at your earliest convenience. Note that specifics regarding map changes, content of the Covenants and Restrictions, other legal documents and submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the environmental review and receipt of comments from other involved agencies. The applicant is advised that design changes may be required prior to Final Plat Approval. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS *®f S®�j�� P.O. Box 1179 DONALD J.WILCENSKI a�®� ®�® Southold, NY 11971 Chair { OFFICE LOCATION: WILLIAM J.CREMERS G = a , Town Hall Annex PIERCE RAFFERTY ``. a® 54375 State Route 25 JAMES H.RICH III ®�� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Cum Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 Martin F. Sendlewski, Architect 215 Roanoke Avenue Riverhead, NY 11901 Re: Extension of Conditional Preliminary Plat Approval & Performance Bond Acceptance - Proposed Standard Subdivision Cutchogue Business Center Located at 12820 Oregon Road, on the corner of Cox Lane & Oregon Road, Cutchogue SCTM#1000-83-3-4.6 Zoning District: LI Dear Mr. Sendlewski: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, August 3, 2015: WHEREAS, this proposal is a Standard Subdivision of a 6.10 acre parcel into five lots where Lot 1 equals 1.29 acres, Lot 2 equals 0.92 acres, Lot 3 equals 1.47 acres, Lot 4 equals 0.92 acres, and Lot 5 equals 1.06 acres, located in the LI Zoning District; and WHEREAS, on April 7, 2015, Conditional Preliminary Plat Approval expired; and WHEREAS, on April 16, 2015, the Office of the Town Engineer submitted a draft Performance Bond Estimate for Cutchogue Business Center in the amount of$189,825.00; and WHEREAS, on May 1, 2015, the agent requested an Extension of Conditional Preliminary Approval due to additional time needed to complete the requested legal documents; and WHEREAS, on June 1, 2015, the Southold Town Planning Board granted a 90 day Extension of Conditional Preliminary Plat Approval until July 7, 2015 upon the map entitled "Preliminary Plat for the Clustered Standard Subdivision", dated February 8, 2002 and last revised March 17, 2014, prepared by Martin Donald Hand, Licensed Land Surveyor, with ten (10) conditions; and WHEREAS, on June 24, 2015, the applicant submitted a Performance Bond in the amount of $189,825.00; and Cutchogue Business Center Page Two August 4, 2015 WHEREAS, on July 1, 2015, a referral was sent to the Office of the Town Attorney for review of the submitted Performance Bond; and WHEREAS, on July 7, 2015, Conditional Final Approval expired; and WHEREAS, on July 10, 2015, the agent requested an Extension of Conditional Preliminary Approval due to additional time needed to complete the requested legal documents; and WHEREAS, on July 17, 2015, the Office of the Town Attorney responded to the referral stating that the Performance Bond meets all requirements of the Town Code; and WHEREAS, on July 29, 2015, the Southold Town Highway Superintendent approved the Draft Performance Bond Estimate, dated April 16, 2015; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts the Performance Bond secured by Fidelity and Deposit Company of Maryland, Performance Bond Number 09180383, for Cutchogue Business Center (F&S, LLC) in the amount of $189,825000 and recommends the same to the Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Preliminary Plat Approval from July 7, 2015 until October 5, 2015 upon the map entitled "Preliminary Plat for the Clustered Standard Subdivision", dated February 8, 2002 and last revised Larch 17, 2014, prepared by Martin Donald Hand, Licensed Land Surveyor, with ten (10) conditions. The applicant is advised that specific Covenants & Restrictions and/or map changes may be required depending on comments received from other regulatory agencies, including the Town L RP Coordinator, Town Engineer, Town Trustees, Highway Superintendent, Suffolk County Planning Commission, Suffolk County Department of Health Services, and the New York State Department of Environmental Conservation. This approval is valid for 90 days from July 7, 2015. This 90 day extension is the last of two extension periods of 90 days each. If conditions are not met within 360 days of the Conditional Final Plat Approval, the application for Final Plat must be re-submitted along with the corresponding fee. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, * r Donald J. Wilcenski Chairman cc: Elizabeth A. Neville, Town Clerk Sabatino, Alyxandra K. Pb��L� � From: Orlando,Vincent D � V' HV E Sent: Wednesday,July 29,2015 8:13 AM To: Sabatino,Alyxandra K. JUL 2 9 2015 Subject: RE: Cutchogue Business Center- Bond Approval Needed Southold Town Planning Board Looks fine From:Sabatino,Alyxandra K. Sent:Tuesday,July 28, 2015 9:28 AM To: Orlando,Vincent<vincent.orlando@town.southold.ny.us> Subject:Cutchogue Business Center- Bond Approval Needed Good Morning Vinny, Please confirm that the bond amount for Cutchogue Business Center is acceptable. I have attached the bond estimate (reviewed and approved by Jamie Richter, Engineering Inspector) and the bond (reviewed and approved by Bill Duffy, Town Attorney). For ease of review I have also attached the latest map. Please let me know if you have any questions. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alvxandra.Sabatino@town.southold.nv.us 1 SCOTT A. RUSSELL JAMES A. RICHTER, R.A. SUPE, ggyy'q�y�'+ yy MICHAEIJ M. COLLINS, P.E. 17�L. PE,R V ISOR ;� Q TOWN OF SOUTHOLll,NEW YORK i 1971 TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 Tel. (631)-765-1560 *� � �J�� a4 ST IAMIE.RICH TER�TOWN.S01J!H- LD.NY_US MICHAEL COLLINSnTOWN SOUTHOI.D.NY.UStill, .4b �J OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE CUTCHOGUE BUSINESS CENTER 8595 Cox Lane, Cutchogue, N.Y. SCTM#1000-83-03-4.6 DATE (Revised by Planning Board) April 1 C,2015 BOND Estimate Inciud'rneo Temriorary Consfruction Items: UNIT PRICE AMOUNT .1TEQYt QUANTITY DESCRIPTION L 1.0 ACRE* CLEARING&GRUBBING $ 2,SQ0.00 2,Sa0.U0 2. 1,700 G.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.50 4,250.00 3. 750 L.F. CONCRETE CURBING 16.00 12,000.00 4. 2,700 S.Y. FINE GRADING 1.50 4,050.00 DRAINAGE 8,000.00 5. 4 EACH CATCH BASINS (With Cast Iron Grate&Frame) 2,000.00 40,000-00 6. 160 V.F. 8'DIAMETER LEACHING POOL 250.00 7. 200 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 5,000.00 SURFACING 8. 360 C.Y. %1'STONE BLEND/RCA BASE 20.00 7,200.00 9. 450 TONS ASPHALT BINDER COURSE-(2 V2"Thick) 90.00 40,500.00 10. 100 TONS ASPHALT WEARING COURSE-(1 %z"Thick) 90.00 9,000.00 11. 8 EACH CONCRETE SURVEY MONUMENTS 100.00 800.00 12 925 S.Y. TOPSOIL&SEED 5.00 4,625.00 13. 4 EACH STREET SIGNS 200.00 800.00 14. 10 EACH STREET TREES 450.00 4,500.00 15. JOB MAINTENANCE & 2.000.00 PROTECTION OF TRAFFIC SUB-TOTAL $ 145,225.00 BOND Estimates Including Items for Completion of Terrin.orary Constructlan: I'I'I IVI QUAN'T'I'i"S' 1DESCI .iT?'rION UNrI'P12iCla AMOUNT 3.(a) 1,025 L.F. CONCRETE CURBING 16.00 $ 16,400.00 5.(a) 2 EACH CATCH BASINS (With Cast Iron Grate&Frame) 2,000.00 4,000.00 8.(a) 175 C.Y. -1/4'"STONE BLEND/RCA BASE 20.00 3,500.00 10.(a) 230 TONS ASPI.t.ALT WEARING COURSE-(I 1/�"Thick) 90.00 20,700.00 SUB-TOTAL S 44.600.00 TOTAL BOND: $ 189,825.00 +6%ADMINISTRATION FEE: $ 11.389.50 Bond No. 09180383 SUBDIVISION/SITE IMPROVEMENT BOND KNOW ALL MEN BY THESE PRESENTS,that we, F&S,LLC,538 Edwards Avenue,Calverton,NY 11933 as Principal,and Fidelity and Deposit Company of Maryland ,of Schaumburg , IL ,as Surety,are held and firmly bound unto the Town of Southold,53095 Main Road,Town of Southold,NY 11971 as Obligee,in the sum of One Hundred Eighty Nine Thousand Eight Hundred-Twenly Five and 00/100 ($ 189,825.00 )Dollars for the payment of which,well and truly to be made,we jointly and severally bind ourselves,our executors,administrators,successors,and assigns,firmly by these presents. WHEREAS, the Principal has agreed to perform the various improvements as detailed by either the plan(s)/specification(s)/agreement,prepared by Town Engineer of the Town of Southold as revised by the Planning Board April 16,2015 to the subdivision known as Cutchogue Business Center setm#1000-83-03-4.6 NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that,if said Principal shall perform and complete said improvements to said development in accordance with either the plan (s)/specification(s)/agreement, then this obligation shall be void, otherwise to be and remain in full force and effect. THIS BOND WILL TERMINATE upon written acceptance of the improvements by the Obligee to the Principal and/or Surety. Sealed with our seals and dated this 16th day of June , 15 F&S,L,C r, By:a l Principal Fidelity and Deposit Company of l~1 land Linda DozierAttorney-Sn-fact CON 76 1 OOZZ0501 r ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That tilt:ZURICI I AMERICAN INSURANCE COMPANY,a corporation of the State of Nciv York,the COLONIAL;'tiIVIERICAid CASUALTY ANI)SURETY COMPANY,11 corPOF6601!Of the State of and tilt:RD,I Tl ' AND DEPOSIT COMPANY OF MARYLAND ,, corporation of the State of Maryland (herein collectively called the "Conlliatii�"), by CC of.authprity granted by Article V, Section 8, of the By4.aws of said Companies, ➢,114I>aS iYI. CAR320LI,, Viet President, in pursrlu which are set forth oil tine reverse side hereof and are hereby certified to be in lull forCc arrd effect on the date hereof,do hereby nomimite, constitute, and appoint N11illihm A. GRAHAM, IV, Linda .DOZIER, Michael J. ;i71TClIELL, Kevin P. ADAMS Sud Martin J. PURCEI,L,:ill of Pirilatlelpttia,Peunsylyitila, EACH its true anti lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for, and ail its behalf as surety, and as its act and deed: any and all bonds and rtndcrtalt.inbs, and the execution of such bonds or undertakings in pursuance of these presents,shrill be tis binding upon said Companies,as fully and amply,.to all intents and purposes,as if they had been ittilyexecutcci and,,tckriowledged by the regular)y elected officers of the ZURICH ANIER:ICAN INSURANCE COMPANY at its office in New York,New Fork.,the regularly elected officers oftlie COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office lir Owirigs.Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT.COM.P,ANY OF.MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vico-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of April,A.D.2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AINIXRICAN CAW L'I Y AND SiJRI;'TY COMPANY FIDELITY AND DEPOSr1'COMPANY OF MARYLAND dgroa +:T 4o P � �,.LJ•. nir�Pp ��.. + 6EAL N ....o is �� p ), X�-u- Yice President Secretary James M.Carroll Eric D.Barnes State of Maryland County of Baltimore On this 24th day of April,A.D.2013,before the subscriber,a Notary Public of tale 4t xte of 141arylund,duly co nal)ssiolied and qualified,JAMES M. CARROLL,Vice President,and ERIC A.BARNES,Secretary,of the CQlllpailleS.IQ n1C lterso[Sally knQwtl r0 bG lliC ltltllYlflilalt and Q1tICCtS described in anti wiip excctttul the prcGeduig insuumcrlt,mrd ackrltiwledged the execution of sanlc,.iuid being by me duly sworn,depo,,uth and saith,Haat he/she.is the said ofliccr of the Cnmparly aforesaid,and t11 it the seals affixed to the preceding instalment arr.the Cotporltc Seals of said C<)lupauics,alld itsat hits said Corporate Seals and the signaiurc as such officer were duly tiflixed and subserib:d to the said instrument by the authority wid direction of the said Corponttious. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. �- .,,;•. �fir;; i.jl.k"tt� �f„/.illl•t Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 156-0315A ZURICH AMERICAN INSURANCE COMpAjNy COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF A'T'TORNEY KNOW ALI..MEN,B Y TU SE P.RESEN`CS."1111 the ZURICEI AMERICAN 1NSVI'ANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN C:ASUAL'rY ANIS SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland {hercin collectively called the "Ctlnrpanics"}; by JAMES M. CARROLL, Vice I'residetit, in pursuance of authority granter! by Article V, Section 8, k)f the Dv-.I,.aws of salt/Conipanii s, which arc set forth on the reverse side hereof and are hereby certified lir be in full force aad effect an the date hereof,do lrct•eby nominate; constitute, and appoint William A. GRAIIAM, IV, Linda DOZIER, Michael J. MITCHELL, Kevin P. ADAMS and Martin J. PURCIt LL,.ill of I'Itiladellih4a,Pelilrsylvatiia, EACH its true and lawful agent and Attorney-iii-Fact, to make,execute,seal and deliver, for; and oft its.behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings.in pursuance of flttw;e.prtsents,shall be as binding upon said C:ompanics,as full y and amply, to all intents and purposes,as if they lead been dilly exrx uteri and ackfiotvlsctged by We regularly elected tiftic:ers of the ZURICEI AMERICAN INSURANCE COMPANY at its office in Now-York;New York.,the regularly elected.officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its once in Owings dills,Maryland.,aI.Td the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND tit its office in Owing s'Mills, Maryland.,in their own properpersons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Viee-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COIVIPANY, COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, and I+IDItiLITY AIkI)DEPOSIT COMPANY Or MARYLAND,this 24th day of April;A.D.2013. ATTEST: ZURICH AMER.ECAN INSIIIRANCE CObIPANY COLONIAL AMERICAN CASU,,LTaTX.AND•SU=-rY COMPANY r, ;I O IDUrrY ANI)DISri'COMPANY OF MARYLAND ,.yl:x.:ty�, p EtlQ,t �pj�i^14S{,p"'•ti �d' rtw ;u�, 1991 3 SEAL- Pit Gti.,vn `:�,�r }tt . By. d, 1 Secretary Vice President Eric D.Dames .Tames M. Carrott State of Maryland County of Baltimore On this 24th day of April,A.D.2013,before the subscriber,a Hotury Poblic of the Stab of Maryland,duly commissioned and qualified,.%ADS.ES M. CARROLL,,'Vice Pr"jdtat,autl ERIC D.DARNES,.Secretary,of the Cof Vani w,to me personally laiown to be the individuals and officers described in and who executed the preceding irlstnalrcot,and ttcknnu'Ictiged the cxst 6011 of sante,and being by file duty sworn,deposeth and saitlt,that he/she is the said officer of the Company afiuecaid,and that the seal-affixed to ttte Vreccdifig instrument at-e[lie Corpurntc Sells of said Companies,and that the said Corporate S(rLe anti the dignature:as such OWIcer were duly affixed and subscribed to the said instruolem by the uutlikirity and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ;k� It r4rttntN •\ Const.<trice A.Bunn,Notary Public My Commission Expires:July 14,2015 POA-F 156-0315A EXTRACT FROM BY-LAWS OF THE COMPANIES "rirticla V,Section 8,Aurk3z�rv_a_iliMt;icl. `Ilrz,thiel'Executive officer,the President,or any Executive Vice Presidclit or Vice Pi sicicat! u}:ty, by written instrument under the attested corporate scat; appoint It(torileys-in-fact with authority to execute. bonus, policies, recngrti7 tnce.s,stipulations, undcrtat;ings, or other like instruments on lbc}tutf of the Compatty, and may authorize any ofl:ccr or any such attortey-nt-fact to uflix the corporate Skirl t11Creto,anti"lay with or without cause mortifymortifyIify of revoke any such alipoinunent or authority at any time. CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16 day of June 2015 Tt hi.G,ya� �W'CF400/0%(iJS♦{({iCSf19. e�S9Myyh@@ 6dld 6M1iL F r1N «„Vid`ti 1pSM SIN prFF�.rX amp ,�i`7 a'..... si j`'•.,...,/N,'�a , u�.4+" !�Y Geoffrey Delisio,Vice President i FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd.,Suite 600,Owings Mills,MD 21117 Statement of Financial Condition As Of December 31,2014 ASSETS Bonds.......................................................................................................................... ...... . $ 142,720,308 Stocks......................... . .. ..... .... Cashand Short Te ..... ....................... ................................................................................ 21,816,223 TermInvestments................................................................................................... 2,077,768 ReinsuranceRecoverable........................................................................................ ... 10,375,303 Other Accounts Receivable............................. ..................... .. ............................... .:.......................................... 46,778,921 TOTAL ADMITTED ASSETS........................................................................................... ...$ 223,768,523 L ABILITIE4S,SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses.................................................................... .. . $ .... . ......................... 1,321,332 CededRehisurance Premiums Payable.................................................................... ................. 49,965,411 Securities Lending Collateral Liability.............................................. ............... 4,009,064 ............................... TOTALLIABILITIES....................................................................................... ..............$ 55,295,807 CapitalStock,Paid Up.................................................................................... $ 5,000,000 Surplus.......................................................................................................... ... 163,472,717 Surplus as regards Policyholders..............................................I...... — ..... ............................... 168,4 TOTAL.............................. 72,716 .. ..................................................................... . ....... . . ,$ 223,768,523 Securities carried at$58,191,540 in the above statement are deposited with various states as required by law. Securities caiTied on the basis.prescribed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks a1i1•ned,the Company's total admitted assets at December 31,2014 would be$'227,936,393 and surplus as regards polioyholders$172,640,586. I,DENNIS F.KERRIGAN,Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December,2014. _ T.'olportrre l�ecretar�� State of I1linois City of Schaumburg SS: Subscribed and sworn to,before me,a NotaryPublic of the State of Illinois,in the City of Schaumburg,this 15th day of March,2015. n � 1• , �"—dF-- Notaq�PtrGlk i C,TICIAI.SC'.AL VDIA(y t tlb:ic-SW10 of 1116vis L 1;P' niy CJi71011Q.1011 CY.J)1Mr $ r•abnlal y z�,zui o MAILING ADDRESS: PLANNING BOARD MEMBERS *®f SO P.O. Box 1179 DONALD J.WILCENSKI ®� "" ®�® Southold, NY 11971 Chair ~ 4`, �3 OFFICE LOCATION: WILLIAM J.CREMERS G "<: w4h °j Town Hall Annex PIERCE RAFFERTY :74%, 54375 54375 State Route 25 JAMES H.RICH III ®�� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU NT`�,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 Mr. William Kelly 22355 Cox Lane, Unit#4 Cutchogue, NY 11935 Re: Set Hearing —Site Plan for ADF Ventures, LLC Electrical Contractors Yard 620 Corwin Street, s/e corner of Seventh St. & Corwin St., Greenport SCTM#1000-48-2-44.2 Zoning District: LI Dear Mr. Kelly: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, August 3, 2015: WHEREAS, this Site Plan is for an electrical contractor's yard and proposed construction of a 64' x 36' (2,304 sq. ft.) building for storage and bathroom with four parking stalls on 0.22 acres in the Light Industrial Zoning District, Greenport; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any.of the criteria on the Type 11 list of actions; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, August 31, 2015 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "ADF Ventures LLC", prepared by Steven L. Maresca, P.E., dated November 21, 2014 and last revised June 23, 2015. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. ADF Ventures Pae 12 August 4, 2015 Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed_ green return receipt cards before 12:00 noon on Friday, August 28th. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, ,yi P Donald J. Wilcenski Chairman Encls. MAILING ADDRESS: SO P.O. Box 1179 PLANNING BOARD MEMBERS Southold, NY 11971 DONALD J.WILCENSKI A,` Chair OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 www.southoldtow-xmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Close Hearing ® Site Plan for A+S Southold Oil Gas Station Canopy 49670 NYS Rt. 25, corner of NYS Rt. 25 & Main Bayview Road, Southold SCTM#1 000-70-7-4 Dear Mr. Cuddy: A public hearing was held by the Southold Town Planning Board on Monday, August 3, 2015 regarding the above-referenced Site Plan. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS *0 SO(/j�® P.O. sox 1179 _ Southold,NY 11971 DONALD J.WILCENSKI Chair OFFICE LOCATION: y ,. WILLIAM J.CREMERS' Cn ,;Na Town Hall Annex ;.; PIERCE RAFFERTY � 54375 State Route 25 JAMES H.RICH III ®l7r "��'1 (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR C®UN 6 ,� Southold, NY Telephone: 631 765-1938 www.southoldtow-imy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Adjourn Hearing — Site Plan for Southold Gas Station & Convenience Store 45450 County Road 48, s/w corner of CR 48 and Youngs Avenue, Southold SCTM#1000-55.-5-2.2 Zoning District: B Dear Mr. Cuddy: A public hearing was held by the Southold Town Planning Board on Monday, August 3, 2015'regarding the above-referenced Site Plan. The public hearing was adjourned without a date, pending the completion of an environmental assessment, including traffic impacts, pursuant to the State Environmental Quality Review Act. The record remains open to written comment during the adjournment. Once a date is set to continue the hearing, notice of the public hearing must be completed pursuant to Town Code §55-1. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairmai MAILING ADDRESS: PLANNING BOARD MEM13ERS *r3f SO P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: e Town Hall Annex WILLIAM J.CREMERS PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor.Main Rd'* &Youngs Ave.) MART-IN H.SIDOR on Southold, NY Telephone: 631 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 Eileen Powers, Esq. 456 Griffing Avenue Riverhead, NY 11901 Re: Close Hearing — Proposed Lot Line Modification for Dr. Thomas Mercier & Mattituck Park District Located at 1045 & 1215 Love Lane, on the corner of Love Lane and County Road 48, Mattituck SCTM#1 000-140-1-19.1 & 21 Zoning District: A-C Dear Ms. Powers: A public hearing was held by the Southold Town Planning Board on Monday, August 3, 2015 regarding the above-referenced Lot Line Modification. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS ��®f S0(/p�® P.O.Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair •�.. OFFICE LOCATION: WILLIAM J.CREMERS G 't`& s ; ' Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III ®l�. (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR CnUnpj,� Southold, NY Telephone: 631 765-1938 www.southoldtowymy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, New York 11952 Re: Close Preliminary Plat Public Hearing - Proposed Harold R. Reeve and Sons, Inc. Standard Subdivision Located on the n/s/o County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck SCTM#1000-140-1-6 Zoning Districts: R-40 & B Dear Ms. Wickham: A Preliminary Plat Public Hearing was held by the Southold Town Planning Board on Monday, July 6, 2015 and on Monday, August 3, 2015 regarding the above-referenced Standard Subdivision. The Preliminary Plat Public Hearing was closed. Written comments will be accepted for the record until 4:00 p.m. on Monday, August 17, 2015. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wllcenski Chairman MAILING ADDRESS: P.O. Box 1 179 PLANNDONALD ING BDMS OARAMERS "�,rjf S17Southold, NY 11971 Chair OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor.Main d. &Youngs Ave.) MARTIN H.SIDOR COUN SouRthold, NY Telephone: 631,765-1938 www.southoldtow-rmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 7, 2015 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Denial: Gonzalez Standard Subdivision Located at 2050 Platt Road, approximately 1823' to the south of NYS Route 25 in Orient SCTM#1000-27-1-9 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting-held on Monday, August 3, 2015: WHEREAS, this proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 = 2.13 acres and Lot 2 = 2.17 acres located in the R-80 Zoning District; and WHEREAS, on July 14, 2015, a Sketch Plan Application was submitted to the Planning Board for a Standard Subdivision; and WHEREAS, on August 3, 2015, the Planning Board reviewed the application and found that, pursuant to Town Code §240-10 B, the Yield Plan submitted with the application does not conform to all the requirements of the Town Code. The minimum lot width in the Town Code for the R-80 Zoning District is 175', and neither proposed lot meets this requirement; and WHEREAS, the Planning Board has found that, based on the aforementioned yield plan, the number of dwelling units that can be permitted on this property is one; and WHEREAS, the Planning Board does not have authority to grant an application that does not comply with Town Code §240-10 B; be it therefore RESOLVED, that the Southold Town Planning Board hereby denies, without prejudice, the subdivision map entitled "Subdivision for Veronica Gonzalez ", dated April 29, 2015, prepared by John T. Metzger, Licensed Land Surveyor. _6 Q Gonzalez Page Two August 7, 2015 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office at 631-765-1938. Very truly yours, Donald J. Wilcenski Chairman SOU MAILING ADDRESS: PLANNING BOARD MEMBERS ��® P.O. Box 1179 DONALD J.WILCENSHI �® :," l® Southold,NY 11971 Chair 4 OFFICE LOCATION: WILLIAM J.CREMERS "w " = Town Hall Annex PIERCE RAFFERTY � p_ �® 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR ®UgN i'9� (cor.M Souuth d,NY Youngs Ave.) Telephone: 631 765-1938 www.southoldtowxmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 John Coughlin, Esq. c/o Re, Nielsen, Huber & Coughlin, LLP 36 North New York Avenue Huntington, NY 11743 Re: Approval: Proposed Site Plan for Mattituck Fire District (MFD) Communications Facility 1000 Pike Street, on the s/w corner of Pike Street &Wickham Avenue, Mattituck SCTM#1000-140-3-11.1 Zoning District: Hamlet Business — HB Dear Mr. Coughlin: The following resolutions were adopted at a meeting of the Southold Town Planning Board on August 3, 2015: WHEREAS, this proposed wireless communications Site Plan is to replace an existing ±84' communications tower with a 120' antenna support structure/tower with associated equipment and a generator to be mounted on the roof of the existing firehouse. There are ±14,370 sq. ft. of existing buildings including the main fire house and associated accessory structures, all on 1.38 acres in the Hamlet Business Zoning District, Mattituck; and WHEREAS, the agent to the applicant, John Coughlin, Esq., submitted applications for Site Plan review and Special Exception review on January 21, 2015; and WHEREAS, on February 9, 2015, the Planning Board found the application incomplete for review with revisions to be made and further information to be submitted; and WHEREAS, on February 10, 2015, pursuant to §280-74A(4) of the Town Code, the Planning Board entered into a Letter of Agreement with CityScape Consultants, Inc. to assist the Board in reviewing and evaluating the proposed wireless application; and WHEREAS, on February 23, 2015, the agent to the applicant, John Coughlin, Esq., submitted a portion of the information requested; and MFD Telecommunications Pae 12 August 4, 2015 WHEREAS, on March 9, 2015, the Planning Board received a report from CityScape Consultants outlining concerns with the Lease Agreement; and WHEREAS, on April 22, 2015, the agent to the applicant, John Coughlin, Esq., submitted the remainder of the information requested including a revised Lease Agreement; and WHEREAS, on May 5, 2015, Elite Towers submitted a letter to the Planning Board agreeing to the construction of the proposed monopole within six (6) months of receiving Building Permits; and WHEREAS, on May 18, 2015, the Planning Board formally accepted the application as complete for review; and WHEREAS, on May 21, 2015, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on May 21, 2015, the Southold Town Planning Board, pursuant to §617.6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR Lead Agency coordination process for this Unlisted Action; and WHEREAS, on May 24, 2015, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on June 1, 2015, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, on June 1, 2015, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, established itself as Lead Agency for this Unlisted Action; and WHEREAS, on June 1, 2015, a public hearing was held and closed by the Planning Board for the above-referenced Site Plan; and WHEREAS, on June 17, 2015, the Southold Town Engineer reviewed the above- referenced application and determined the project meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on June 18, 2015, the Architectural Review Committee (ARC) reviewed the proposed project and approved the design as submitted; and WHEREAS, on June 30, 2015, the Mattituck Fire District determined there was adequate fire protection and emergency access for the site; and MFD Telecommunications Pae 13 August 4, 2015 WHEREAS; on July 1, 2015, the Town of Southold LWRP Coordinator reviewed the above-referenced ,project and recommended that the proposed project be found consistent with Southold Town LWRP Policies; and WHEREAS, on July 6, 2015, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, at.a Work Session held on July 6, 2015, the Planning Board reviewed the report issued by CityScape Consultants and determined the requirement of nine (9) conditions; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board reviewed the recommendation to waive §280-701(2) for the maximum height of 80 feet-in this Hamlet Business (commercial) Zone. They found that the overall height of the proposed tower of 120' with potential future co-locations would achieve the result of improved emergency communications for the MFD and fewer antenna support structures in the immediate area of this commercial zone; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board reviewed the request to waive §280-701(3) for the minimum distance of all wireless equipment to adjacent residential property lines. They found that the proposed ground equipment is contained on the roof of the existing fire department and the proposed tower has been certified to be constructed with a smaller fall zone; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board reviewed the request to waive §280-70N(4) for base equipment and shelter landscaping. They found that the proposed ground is contained on the roof of the existing fire department which accomplishes the goal of concealing the base equipment shelter from other properties and roads; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXIV, §280 —Site Plan Approval of the Town of Southold have been met; and WHEREAS, on July 22, 2015, revised Site Plans showing the nine (9) conditions were submitted by the agent to the applicant, John Coughlin, Esq., and reviewed by CityScape and the Planning Board and accepted; and WHEREAS, on July 27, 2015, the Southold Town Chief Building Inspector reviewed and certified the proposed Wireless Communications Facility as a permitted use in the Hamlet Business Zoning District; and WHEREAS, at their public meeting on August 3, 2015, the Planning Board granted approval to the Special Exception Application for this site; be it therefore RESOLVED., that the Southold Town Planning Board hereby waives §280-701(2) of the Town Code for the maximum height of 80 feet in this Hamlet Business Zone as described above; and be it further MFD Telecommunications Pae 14 Auqust 4, 2015 RESOLVED, that the Southold Town Planning Board waives §280-701(3) for the minimum distance of all wireless equipment to adjacent residential property lines as described above; and be it further RESOLVED, that the Southold Town Planning Board waives §280-70N(4) for base equipment and shelter landscaping as described above; and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval with Nine (9) Conditions to the Site Plan entitled "Mattituck 1000 Pike Street", prepared by Gary Musciano, RA, on March 14, 2013, last revised on May 20, 2015, and authorizes the Chairman to endorse the Site Plan, including the following five plans: 1. Z-1 Title Sheet 2. Z-2 Site Plan 3. Z-3 Compound Plan 4. Z-4 Elevations 5. Z-5 Vicinity Map & Radius Map Conditions® 1. Elite Towers shall begin construction within six (6) months of receipt of all Building Permits and completion including the installation of the Fire District's antennas, feed lines and mounting brackets up to operational condition; 2. Should three (3) months pass following the date of issuance of all Building Permits and there has been no construction, Elite Towers will update the Fire District with an updated schedule and reassure the construction will begin prior to the six (6) month period; 3. Elite Towers shall make best efforts to protect the wireless communications frequencies utilized by the Fire District and will not deny the Fire District the ability to expand to additional frequencies as either mandated by law or by need of the Fire District; 4. Elite Towers has stated that a Wireless Personal Service Provider, more specifically, Verizon Wireless, shall occupy the top (canister) position on the tower. Furthermore, Elite Towers shall inform all parties that the top positions will be whip-type antennas operated by the Mattituck Fire District and installed at the top most position, better defined as the top of the tower's steel structure which is assumed to be one hundred twenty (120) feet above ground level; 5. All feed lines for antennas mounted above the forty-five (45) foot level shall be concealed within the tower proper. Elevations below forty-five (45) feet may be installed on the outside of the tower; MFD Telecommunications Pae 15 August 4, 2015 6. Elite Towers shall remove the existing tower and return the area around the - former site to standard expectations; 7. All feed line and antenna access ports shall be reasonably sealed to prevent inhabitation by birds and any other wildlife; 8. Elite Towers shall assure the noise output of the emergency power generator shall comply with the Town's Noise Requirements which are as low as 45dB at certain times and that any testing of the generator shall be between the hours of 9:00 a.m. until 4:00 p.m., Monday through Friday. 9. Elite Towers shall adhere to the Fire District's antenna allocations as represented on Figure 3 in the approved plans, unless the FD proposes a change. Please note the following requirements in the Southold Town Code relating to Site Plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 4. Any changes from the Approved Site Plan shall require Planning Board. approval. - 5. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Very truly yours, P Donald J. Wilcenski Chairman IVIFD Telecommunications Pae 16 August 4, 2015 Encl. cc: Building Dept. with map Town Engineer with map By signing this letter, the applicant acknowledges that there are gown Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a Certificate of Occupancy. Print name: Appllcant9Agent Signature: ®stem y PLANNING BOARD MEMBERS of SO(�p�® MAILING ADDRESS: P.O.Box 1179 DONALD J.WILCENSKI �® �® Southold,NY 11971 Chair s < ' -, A. , OFFICE LOCATION: WILLIAM J.CREMERS ;' �'s,, � Town Hall Annex , PIERCE RAFFERTY " a� 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �C®0Southold,NY Telephone: 631 765-1938 www.southoldtovvnny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 4, 2015 John Coughlin, Esq. c/o Re, Nielsen, Huber & Coughlin, LLP 36 North New York Avenue Huntington, NY 11743 Re: Approval: Special Exception for Mattituck Fire District Communications Facility Located at 1000 Pike Street, on the s/w corner of Pike Street &Wickham Avenue, Mattituck SCTM#1000-140-3-11.1 Zoning District: Hamlet Business — HB Dear Mr. Coughlin: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, August 3, 2015: WHEREAS, applications for a Special Exception & Site Plan Approval for a Wireless Communications Facility were accepted for review on May 18, 2015, including a Site Plan prepared by Gary Musciano, RA, on March 14, 2013; and WHEREAS, the Southold Town Planning Board reviewed the above-referenced request for a Special Exception for a Wireless Communications Site Plan to replace an existing ±84' communications tower with a 120' antenna support structure/tower with associated equipment and a generator to be mounted on the roof of the existing firehouse. There are ±14,370 sq. ft. of existing buildings including the main fire house and associated accessory structures, all-on 1.38 acres in the Hamlet Business Zoning District, Mattituck; and WHEREAS, on June 1, 2015, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, established itself as Lead Agency for this Unlisted Action; and WHEREAS, on June 1, 2015, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR Lead Agency coordination process for this Unlisted Action; and MFD Telecommunications Page_L2 August 4, 2015 WHEREAS, the submission by the applicant has been reviewed and corroborated with an independent Radio Frequency Engineer retained by the Town to assist in the review process; and WHEREAS, on June 1, 2015, a public hearing was held and closed; and WHEREAS, on July 6, 2015, the General Requirements in §280-70 were met; and WHEREAS, on July 6, 2015, the Southold Town Planning Board made a determination that the applicant has satisfied the requirements for a Special Exception pursuant to Town Code Section 280-142 and the additional standards for a Special Exception in Town Code Section 280-73B as detailed in the Staff Report dated July 6, 2015; and WHEREAS, on July 6, 2015, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, on July 27, 2015, the Southold Town Building Inspector reviewed the plan and certified that the proposed Wireless Communication Facility is a permitted use in the Hamlet Business Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board hereby finds and determines that the standards for Special Exception Approval have been met; and be it further RESOLVED, that after deliberation of the application and consideration of the above factors, the Southold Town Planning Board grants a Special Exception for the Wireless Communications Facility as shown in the Site Plan Application for"Mattituck 1000 Pike Street", prepared by Gary Musciano, RA on March 14, 2013, last revised on May 20, 2015. Please also note the following requirements in the Southold Town Code relating to Special Exceptions: 1. Any Special Exception Approval granted under this article shall have a term of five years, commencing from the granting of the Special Exception, which may be extended for an additional five-year term upon application to the Planning Board. 2. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the Special Exception Approval and Site Plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. 3. Subsequent Special Exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. MFD Telecommunications Page 13 August 4, 2015 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Win--�' -46ac Donald J. Wilcenski Chairman Encl. cc: Town Engineer Building Dept.