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HomeMy WebLinkAbout01/21/2014 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 21, 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 explained 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 and 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.  She said that, under the SEQRA process, a visual impact analysis would be conducted.  This will help the planning board, she said, as well as the LPC, assess the project and offer input.  Commissioner Anne Surchin Heather asked about the specifics of the visual impact study and Lanza explained that it would address any point from where the tower would be seen.  Commissioner Gary Parker asked if and when the LPC would see the impact studies, as well as plans for the tower and any related equipment shelters.  Heather Lanza said that the LPC would receive all of that information and that commissioners Supervisor Russell would be able to make suggestions. said that the LPC would not see any of it Heather Lanza until an official application is made to the planning department. said that once the planning department receives an application, it has 90 days to respond.  Supervisor Russell said 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. “We are the ones to make that decision. We have the burden.”  Chairman James Grathwohl 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. He stated that, as the Landmark Preservation Commission, they have always supported the town board and that the town board has always supported the commission. “We are advocates, not adversaries, but friends don’t always agree,” he said. “I implore all of you, if you have concerns, speak up. We are specifically talking about a change to the telecommunications law.”  Chairman James Grathwohl continued, “Our (LPC) code is equally as important as the open space law and the wetlands law and I think that the town board appreciates that we have a record of helping to preserve the quality of life in Southold Town.” Discussion:  Commissioner Robert Harper addressed Supervisor Russell saying that the town board wants to change the law even though there are still a “bunch of obstacles” preventing the tower from being erected. “Shouldn’t changing the law be the last thing you do,” he asked.  Supervisor Russell replied, “The application cannot go forward without an amendment to the law.”  Commissioner James Garretson: “The first level allows it ion the door and then the LPC and others have the opportunity to review the application. So there are two levels here?”  Supervisor Russell again 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 year.  He said that he agreed to have a lease discussion to engage the applicant.  “The reality is that there will be a tower.”  “Although we have examined other options, the lessons of Sandy have taught us that generator backup is necessary in emergencies. We tried to legislate generator back-up and we were preempted by Federal law. As the lease-holder we 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 precedent.  Councilman James Dinizio said, “I agree and that the discussion we have to have with the town board.”  Commissioner Anne Surchin noted that the amendments would affect any vacant parcel in any future district. “So why not just go for a variance,” she asked.   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 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.  at the police station site  whether or not this was the only location that AT&T coule meet coverage requirements.  Councilman James Dinizio responded, “Robert Harper: “In May?”  , Supervisor Russell: “In February.”d historic district. their impact Bill Conway for 53245 Main Road Corp (Cornell), 53245 Main Road, Southold, New York, 11971, SCTM#1000-61.-1-13.1, porch window replacement.  Bill Conway outlines the project on behalf of the applicant noting that many of the window panels on the porch have rotted and cannot be repaired.  Commissioner Anne Surchin had concerns about using vinyl replacements on the porch.  Commissioner Gary Parker noted discrepancies in the way the replacements looked vs. the original windows – they did not match. Bill Conway confirmed that under the plan, they would not be able to match the windows exactly.  Chairman James Grathwohl noted that this building was in the heart of Southold’s Historic District and agreed that vinyl windows would not be appropriate.  Bill Conway explained that the applicant had considered other options but they were not cost effective.  Commissioner Anne Surchin offered a number of suggestions for affordable solutions and Bill Conway agreed to take the information back to the applicant. Old Business:  Commissioners spoke briefly about the future of the Ben Franklin Mile Marker project.  Chairman Jim Grathwohl announced that meetings of the Sacred Heart Committee would now be on the third Wednesday of the month at 10 a.m. Public Hearing : Gary Parker for the Orient Historical Society, 1555 Village Lane, Orient, New York 11957, SCTM #1000-25-3-16.1, construction of a storage building.  The resolution passed unanimously to issue a certificate of appropriateness for the proposed study/storage building as applied for.