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HomeMy WebLinkAbout01/24/2014 James Grathwohl, Chairperson Town Hall Annex Donald Feiler 54375 Route 25 James Garretson PO Box 1179 Anne Surchin Southold, NY 11971 Gary Parker Fax (631) 765-9502 Doug Constant Telephone: (631) 765-1802 Robert Harper southoldtown.northfork.net Damon Rallis, Administrative Assistant Town of Southold Landmark Preservation Commission Minutes 3:00 p.m., January 24, 2014 Southold Town Hall Annex Conference Room Attendees: James Grathwohl, Donald Feiler, Gary Parker, James Garretson, Robert Harper, Anne Surchin, Doug Constant, and Damon Rallis. Guests: Southold Town Supervisor Scott Russell, Southold Town Board member James Dinizio, and Heather Lanza, Director of Planning, Southold Town Planning Department. Call to Order:  Meeting was called to order. Introduction: Chairman James Grathwohl explained that the major topic of discussion for the meeting would be the proposed amendments to the town’s telecommunications law. He said that there had been a lot of communication with the Town Supervisor regarding the issue and he had invited him to the meeting to offer commissioners an overview of the proposed amendment and its impact on the Southold Historic District. Presentation #1: Supervisor Scott Russell read a one-page statement to the commissioners regarding the proposed amendments. The contents of his statement, as well as supporting documentation that he provided will be on file with the Southold Town Building department, along with the official copy of these minutes. All commissioners should have a copy of this package for the purpose of approving these minutes. When he was finished, Supervisor Russell introduced Heather Lanza, Director of Planning. Presentation #2: Heather Lanza told commissioners that the planning board had yet to receive an application for a telecommunications tower associated with the parcel in question. Once it is submitted, she said that a technical consultant will evaluate the technical aspects of the application. She said that the application would also be sent to all relevant agencies, including the LPC. o She said that, under the SEQRA process, a visual impact analysis would be conducted. o This will help the planning board, she said, as well as the LPC, assess the project and offer o input. She said that a visual impact study would include any vantage point in Southold from where o the tower would be seen. She noted that the LPC would see the impact studies, as well as plans for the tower and any o related equipment shelters, and be permitted to make comments. She said that once the planning department receives an application for the tower, it has 90 o days to respond.  Supervisor Russell added that the proposed amendment allows the application to move forward so that the all of the respective agencies will have an opportunity to comment. Until the amendment is passed, he said, the application is stalled.  Chairman James Grathwohl described the proposed code amendment as the beginning of a lengthy process, noting that his concern is that the LPC has complete input, not only with respect to the change in the telecommunications law, but throughout the entire application process. He noted that his research showed that both the state and the feds had no laws to preclude wireless communications facilities in historic districts because theyleave it up to individual municipalities to deal with it. He reminded commissioners that the LPC would be meeting with the Southold Town Board at 9 a.m. to make a presentation regarding the issue and encouraged all members to participate. Discussion:  Supervisor Russell reiterated the fact that the application for a wireless communications facility behind town hall cannot go forward without an amendment to the law and outlined the disapproval process and how it leads to public input through all of the relevant agencies. He said that many laws are changed over time and that this issue has been out there for a o year. He said that he agreed to have a lease discussion to engage the applicant. o He said that, although the town has examined other options, he believes that generator o backup is necessary in emergencies. He said that the town tried to legislate generator back-up, but was preempted by Federal o law. As the lease-holder, he said that the town can require generator back-up.  Chairman James Grathwohl asked if the tower could be placed at the police station site.  Councilman Dinizio said that he did not think that a tower at the police department would meet AT&T’s coverage requirements and he explained the specifics of how cell coverage works from tower to tower.  Chairman James Grathwohl asked if the tower could be placed at the Sea Tow site.  Supervisor Russell said that the police department site is already saturated and said he did not want to mingle the discussion of the amendments with the proposed Sea Tow tower, because each application is judged on its own merit.  Councilman James Dinizio said that the applicant will have to prove that there is a need for cell coverage being proposed.  Commissioner James Garretson said that he thought that this amendment was setting a Commissioner Anne Surchin precedent and noted that the amendments would affect any vacant parcel in any future district. She asked why the applicant wouldn’t just go for a variance.  Councilman James Dinizio explained that this was not a variance application and that it is prohibited by code and therefore, the code amendment is required for the application to move forward. He also said that the amendments, which only allow the freestanding tower on commercially-zoned, vacant landmarked properties restricts where the towers can be placed.  Commissioner Anne Surchin said that this poses a dilemma particularly if the state corridor proceeds as planned, as other parcels could be affected.  Commissioners briefly debated whether or not vacant land falls within the commission’s jurisdiction and agreed to get clarification on the current LPC code.  Supervisor Russell assured commissioners that they would part of the discussion through the site plan process.  Commissioner Gary Parker said that he was confused by Supervisor Russell’s written statement.  Supervisor Russell said that there has never been a lack of transparency regarding this issue. He went on to give commissioners a history of how the commission came to be, though the town code, and how he made sure that the commissioners were kept abreast of the issues through a building department liaison. Follow-Up Discussion: After Councilman Dinizio, Supervisor Russell and Heather Lanza left the meeting, commissioners took a second look at the code and determined that they did not have jurisdiction over vacant land that was landmarked or within a historic district. Resolution: Chairman James Grathwohl brought the following resolution to the floor: WHEREAS, The Southold Town Board has held a public hearing (January 14, 2014) regarding proposed amendments to 280-75 of the Southold Town Board, and WHEREAS, The Southold Town Board is expected to vote on the proposed amendments at its regular Town Board meeting on January 28, 2014, and WHEREAS, the purpose of The Southold Town Landmarks Preservation Commission is outlined Chapter 170-2 of the Southold Town Code, and WHEREAS The Southold Town Landmarks Preservation Commission members believe that it is in the best interest of the town, in the spirit of Chapter 170-2 of the town code, that they take a formal stance regarding this issue. NOW THEREFORE BE IT RESOLVED, that the Southold Town Landmarks Preservation Commission hereby OPPOSES the proposed amendments to Chapter 280-75 as outlined above. BE IT FURTHER RESOLVED, that the Commission’s vote will be forwarded to the Southold Town Board in advance of their vote scheduled for January 28, 2014. Chairman James Grathwohl made a motion to approve the resolution; commissioner Robert Harper seconded the motion, and the resolution was passed unanimously.