HomeMy WebLinkAboutLL #05 2026 NEW Department KATHY HOC"UL
YORK GOVERNOR
STATE of State
WALTER T. MOSLEY
SECRETARY OF STATE
July 8, 2026
SABRINA M. BORN
DEPUTY TOWN CLERK � ���
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TOWN HALL, 53095 MAIN RD.
P.O. BOX 1179 JUL 3
SOUTHOLD NY 11971
RE: TOWN OF SOUTHOLD SOUL old Town Clark
To Whom It May Concern:
Local Law#5 of the year 2026 was filed with this office on 6/22/2026. The Department of State Local
Law Index Number#1 of the year of 2026. The Local Law number assigned by the Department of
State for indexing purposes maybe different from the Local Law number ascribed by the Legislative
Body of the Local Government.
Sincerely,
Department of State
State Records Bureau
(518) 473-2492
www.dos.ny.gov
*The Local Law filing form has been updated as of 03/05/2025 in compliance with Section 27 of the
Municipal Home Rule Law*
ONE COMMERCE PLAZA, 99 WASHINGTON AVENUE, ALBANY, NY 12231-0001
https://dos.ny.gov
Born, Sabrina
From: Noncarrow, Denis
Sent: Tuesday,June 23, 2026 10:09 AM
To: Born, Sabrina; Rudder, Lynda; Mudd,Jennifer
Subject: FW: Enacted Local Law in Relation to Amendments to Chapter 280 -Wireless
Communication Facilities
From: Malvone,Victoria [mailto:Victoria.Malvone@suffolkcountyny.gov]
Sent:Tuesday,June 23, 2026 9:58 AM
To: Noncarrow, Denis<denisn@southoldtownny.gov>
Cc: DeSalvo, Christine<Christine.DeSalvo@suffolkcountyny.gov>
Subject: RE: Enacted Local Law in Relation to Amendments to Chapter 280-Wireless Communication Facilities
Good morning,
Please consider this confirmation of receipt regarding the above notice you've submitted
through NextCloud, certifying that Resolution No. 2026-565 was adopted on June 16th, 2026.
Thank you
Victoria ."vlaCvone
Office Assistant
Suffolk County Economic
Development&Planning
Division of Planning&
Environment
631-853-5126
H.Lee Dennison Building
100 Veterans Memorial Hwy
Hauppauge,NY 11788
1
DENIS NONCARROW �� �� Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS ® Fax(631)765-6145
RECORDS MANAGEMENT OFFICER �� �®� Telephone(631)765-1800
� `�FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 18, 2026
Priority Mail Express ER 156 116 625 US
RE: Local Law No. 5 of 2026
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith Local Law No. 5 of 2026 of the Town of Southold, suitable for
filing in your office.
I would appreciate if you would send me a receipt indicating the filing of this
enclosure in your office. Thank you.
Very truly yours,
Sabrina M. Born
Deputy Town Clerk
Enclosures
cc: Town Attorney
` New York State
Department of State
DIVISION OF CORPORATIONS,
STATE RECORDS AND
UNIFORM COMMERCIAL CODE
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001
dos.ny.gov
Local Law Filing
Pursuant to Municipal Home Rule Law§27
Local Law Number ascribed by the legislative body of the local government listed below:
5 of the year 20 26
Local Law Title: A Local Law in relation to Amendments to Chapter 280-Wireless
Communications Facilities
Be it enacted by the Town Board of the
(Name of Legislative Body)
County CRY Town VUtage
(Select one)
of SOUTHOLD as follows on the attached pages:
(Name of Local Govemment)
For Office Use Only
Department of State Local Law Index Number: of the year 20
(The local law number assigned by the Department of State for indexing purposes may be different from the
local law number ascribed by the legislative body of the local government.)
DOS-0239-a-f(Rev.02-25) page 1 of 4
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280, Article XVII is hereby repealed in its entirety.
A new Chapter 280, Article XVII Wireless Communication Facilities is hereby adopted as follows:
§ 280-67. Purpose.
It is the express purpose of this article to minimize the visual and environmental impacts of wireless
communication facilities while protecting the health, safety and welfare of Southold's citizens. It recognizes the
crucial role of reliable wireless coverage for work, public safety, education, social connection and recreation,
and allows wireless service providers to meet their technological and service objectives. In addition, the
regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic
qualities of the Town of Southold while meeting the community's need for consistent and dependable coverage.
This article allows wireless communication facilities in certain preferred locations to be reviewed and approved
in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of
structures.
§ 280-68. Scope.
The regulations of this article shall govern and control the erection, enlargement, expansion, alteration,
operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this
article relate to the location and design of these facilities and shall be in addition to the provisions of the
Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication
Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities.
Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or
utilization of antennas or support structures by those licensed by the Federal Communications Commission
pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite
antennas that are used for individual business or residential voice, data, or video communications.
§ 280-69. Definitions.
As used in this article, the following terms shall have the meanings set forth below:
ANTENNA - An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated
or operating from a fixed location pursuant to the Federal Communications Commission(FCC) authorization,
for the provision of personal wireless service and any commingled information services. For purposes of this
definition, the term antenna does not include an unintentional radiator, mobile station or device authorized
under Part 15 of Chapter 1, Title 47 of the Code of Federal Regulations.
ANTENNA EQUIPMENT - Equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a
structure, mounted or installed at the same time as such antenna.
ANTENNA SUPPORT STRUCTURE - See definition of"Tower".
APPLICANT (Personal wireless service facility) - A person or entity that submits a siting application and the
agents, employees and contractors of such person or entity.
APPLICATION (Personal wireless service facility) - A written submission to the Town requesting
authorization for the deployment of a personal wireless service facility at a specified location.
BASE STATION - A structure or equipment at a fixed location that enables Commission-licensed or authorized
wireless communications between user equipment and a communications network. The term does not include
any structure that at the time the relevant application is filed with the State or local government under this
section, does not support or house equipment described in (1) and (2) below. The term does not encompass a
tower as defined herein or any equipment associated with a tower. "Base Station" includes, but is not limited
to:
(1) Equipment associated with wireless communications services such as private, broadcast and public
safety services, as well as unlicensed wireless services and fixed wireless services, such as a microwave
backhaul; and Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies and comparable equipment, regardless of technological configuration (including Distributed
Antenna Systems and small-cell networks); and
(2) Any structure other than a tower that, at the time the relevant application is filed with the State or local
government, supports or houses equipment described in § 280-69 that has been reviewed and approved
under the applicable zoning or siting process, or under another State or local regulatory process, even if
the structure was not built for the sole or primary purpose of providing such support. Examples include
antenna and related equipment mounted on a rooftop, water tank, silo or other above-ground structure
other than a tower.
COLLOCATION (on an eligible support structure)- Mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.
COLLOCATION (on a base station with no existing personal wireless facility equipment) - Mounting or
installing transmission equipment on a pre-existing structure; and/or modifying a structure for the purpose of
mounting or installing an antenna on that structure.
CONCEALMENT (Personal wireless service facility) - A tower, base station or utility pole that is not readily
identifiable as a wireless communication facility and that is designed to be aesthetically compatible with
existing and proposed building(s) and uses on a site or in the neighborhood or area. Some of the types of
concealment include but are not limited to faux dormers, faux facades, parapets, steeples, faux chimneys and
unipoles/monopoles with canisters, monopines characteristic of the area and other similar type facilities.
DEPLOYMENT - The placement, construction or modification of a personal wireless service facility.
ELIGIBLE FACILITIES REQUEST - Any request for modification of an existing tower or base station that
does not substantially change the physical dimensions of such tower or base station, involving:
(1) Collocation of new transmission equipment; or
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE - Any tower or base station as defined in §280-69, provided that it is
existing at the time the relevant application is filed with the State or local government.
EQUIPMENT SHELTER OR EQUIPMENT CABINET - An enclosed structure or equipment cabinet
associated with the antenna mount on a tower or base station for a PWSF facility.
EXISTING (Personal wireless service facility) - A constructed tower or base station is existing for purposes of
this definition if it has been reviewed and approved under the applicable zoning or siting process, or under
another State or local regulatory review process where the tower was not in a zoned area when it was built, but
was lawfully constructed.
FACILITY - See Personal wireless service facility.
FALL ZONE - The area on the ground within a prescribed radius from the base of a wireless communications
facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing
material, including the antenna support structure.
GEOGRAPHIC SEARCH RING -An area designated by a wireless provider or operator for a new base station,
produced in accordance with generally accepted principles of wireless engineering.
GUYED ANTENNA SUPPORT STRUCTURE - An antenna support structure that is supported, in whole or in
part, by guy wires and ground anchors.
HEIGHT - When referring to a tower or base station, the height is the distance from the top of the structure at
its highest point, including antennas, lightning protection devices or any other apparatus attached to the top of
the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute
height is the distance from the top of the structure, including all attachments, to the height of mean sea level
(MSL).
LATTICE ANTENNA SUPPORT STRUCTURE - An antenna support structure that has open-framed supports
on three or four sides and is constructed without guy wires and ground anchors.
MACRO WIRELESS FACILITY - Antenna, support structures or base stations which are larger than the
parameters set for small wireless facilities defined in the Definitions.
MODIFICATION - The addition, removal, or change of any of the physical and visually discernible
components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access,
parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider
(collocation) to a wireless communications tower or site is a modification. Modifications also include:
extending the height of the antenna support structure above its current height, changing the footprint of the
structure, expansion of the base station equipment or compound area, addition of antennas to an existing
carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating
frequencies, effective radiated power or number of operating channels. A modification shall not include
ordinary maintenance, as defined herein.
MONOPOLE - A freestanding antenna support structure consisting of a single pole, without guy wires or
ground anchors.
MOUNT - The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.:
(1) ROOF-MOUNTED - Mounted on the roof of a building.
(2) SIDE-MOUNTED - Mounted on the side of a building-
(3) STRUCTURE-MOUNTED - Mounted on a structure other than a building.
(4) FLUSH-MOUNTED - Mounted very close on a building or structure so that the profile of the antenna(s)
is not readily apparent.
(5) INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not
visible from the outside.
(6) GROUND-MOUNTED - Mounted on the ground.
ORDINARY MAINTENANCE - Work done to an existing wireless telecommunications facility and antenna
support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance
includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the
normal repair of a wireless facility including the like-for-like replacement of damaged or defective components
without otherwise adding, removing, or substantially changing anything and therefore does not include
modifications.
PERSONAL WIRELESS SERVICE FACILITY (PWSF) - An antenna facility or a structure that is used for the
provision of personal wireless service, whether such service,is provided on a stand-alone basis or commingled
with other wireless communication services.
RADIO FREQUENCY (RF) EMISSIONS OR RADIATION - The electromagnetic field of radiation emitted
by wireless antennas.
RADIO FREQUENCY (RF) PROFESSIONAL - A person who specializes in the study of radio frequency
engineering and has expertise in radio communication facilities.
RADIO FREQUENCY (RF) SIGNAL - The actual beam or radio waves sent and received by a wireless
facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product.
SITE - (Personal wireless service facility) - For a tower other than a tower in the public right-of-way, the
current boundaries of the leased or owned property surrounding the tower and any access or utility easements
currently related to the site, and, for other eligible support structures, further restricted to that area in proximity
to the structure and to other transmission equipment already deployed on the ground. The current boundaries of
a site are the boundaries that existed as of the date that the original support structure or a modification to that
structure was last reviewed and approved by a State of local government, if the approval of the modification
occurred prior to the Spectrum Act of 2012 or otherwise outside the section 6409(a) process.
SITING APPLICATION - See "Application(Personal Wireless Service Facility)"
SMALL WIRELESS FACILITY- Facilities that meet each of the following conditions:
(1) The facilities:
(a) Are mounted on structures fifty feet (50') or less in height, including their antennas; or
(b) Are mounted on structures no more than ten percent (10%) taller than other adjacent
structures; or
(c) Do not extend existing structures on which they are located to a height of more than fifty
feet (50') or by more than ten percent (10%), (whichever is greater);
(2) Each antenna associated with the deployment, excluding associated antenna equipment is no
more than three (3) cubic feet in volume; and
(3) All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no
more than twenty-eight (28) cubic feet in volume; and
(4) The facilities do not require antenna structure registration by the FCC; and
(5) The facilities are not located on Tribal lands; and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in Code of Federal Regulations 1.1307(b).
STRUCTURE (Personal wireless service facility) - A pole, tower, base station or other building, whether or not
it has an existing antenna facility, that is used or to be used for the provision of personal wireless service
(whether on its own or commingled with other types of services).
SUBSTANTIAL CHANGE (Personal wireless service facility) - A modification substantially changes the
physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) For towers other than towers in the public rights-of-way, it increases the height of the tower by
more than ten percent (10%) or by the height of one (1) additional antenna array with separation
from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other
eligible support structures it increases the height of the structure by more than ten percent (10%)
or more than ten feet (10'), whichever is greater.
(a) Changes in height should be measured from the original support structure in cases where
deployments are or will be separated horizontally, such as on buildings' rooftops; in other
circumstances, changes in height should be measured from the dimensions of the tower or
base station, inclusive of originally approved appurtenances and any modifications that
were approved prior to the passage of the Spectrum Act.
(2) For towers other than.towers in the public rights-of-way, it involves adding an appurtenance to
the body of the tower that would protrude from the edge of the tower more than twenty (20) feet,
or more than the width of the tower structure at the level of the appurtenance, whichever is
greater; for other eligible structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the stricture by more than six (6) feet.
(3) For any eligible support structure, it involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for
towers in the public rights-of-way and base stations, it involves installation of any new
equipment cabinets on the ground if there are not pre-existing ground cabinets associated with
the structure, or else involves installation of ground cabinets that are more than ten percent
(10%) larger in height or overall volume than any other ground cabinets associated with the
structure;
(4) It entails any excavation or deployment outside of the current site, except that, for towers other
than towers in the public rights-of-way, it entails any excavation or deployment of transmission
equipment outside of the current site by more than thirty (30) feet in any direction. The site
boundary from which the thirty (30) feet is measured excludes any access or utility easements
currently related to the site;
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the construction or
modification of the eligible support structure or base stations equipment, provided however that
this limitation does not apply to any modification that is non-compliant only in a manner that
would not exceed the thresholds above.
TRANSMISSION EQUIPMENT - Equipment that facilitates transmission for any Commission-licensed or
authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with the
wireless communications services including, but not limited to, private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
TOWER- Any structure built for the sole or primary purpose of supporting any Commission-licensed or
authorized antennas and their associated facilities, including structures that are constructed for wireless
communications services including, but not limited to private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. A
tower may be concealed (examples include but are not limited to faux trees, unipoles, flag poles) or non-
concealed such as: monopole.
UTILITY POLE - Any pole or structure designed to maintain, or used for the purpose of lines, cables, or wires
for communications, cable, electricity, street lighting, other lighting standards, or comparable standards.
WIRELESS CARRIER—A company that provides wireless telecommunications services.
WIRELESS COMMUNICATIONS FACILITY—Antenna or antenna support structure and base equipment,
either individually or together, including permanent or temporary movable facilities (i.e., wireless facilities
mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service.
WIRELESS MASTER PLAN—The Town of Southold Wireless Communications Master Plan dated June 27,
2025.
WIRELESS SERVICES —Commercial mobile services, unlicensed wireless services, and common-carrier
wireless exchange services, including, but not limited to, voice, data, images or other information, cellular
telephone service, personal communications service (PCS), enhanced specialized mobile radio (ESMR) service,
and paging service.
§ 280-70. General requirements for all wireless communication facilities.
All wireless facilities, including collocations, shall be the least visually obtrusive design possible that also
permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all
wireless communication facilities installed or constructed pursuant to the terms of this chapter.
A. No wireless communication facility shall be used, erected or altered in the Town
of Southold except in accordance with the provisions of this article and any other
applicable sections of the Town Code.
B. Before securing a lease for a subject property or a right-of-way agreement for a new
wireless communication facility, the Applicant, service provider, or tower owner
must hold a pre-development meeting with the planning department and building
inspector. During this meeting the following will be discussed, the proposed project,
location, and potential alternatives to the wireless communication facility. These
alternative options do not have to be entirely different from the proposed personal
wireless service facility; however, they should have measurable differences, such
as:
(1) Location. An alternative could be located on a different property than the proposed personal
wireless service facility.
(2) Siting. An alternative could be in a different place on the same property as the proposed personal
wireless service facility.
(3) Design. An alternative could be of the same height, location and siting as the proposed personal
wireless service facility but be designed to appear differently.
(4) Change in community scale, as exhibited in relative height, mass or proportion of the personal
wireless service facility within its proposed surroundings.
(5) For painted monopoles, visible elements proposed on a contrasting background.
(6) Use of materials that are not characteristic of the existing built environment.
(7) Conservation of opportunities to maintain community scale, not compromising buffering areas
and low-lying buildings so as to start a trend away from the existing community scale.
(8) Amount and diversity of landscaping and/or natural vegetation.
(9) Preservation of view corridors, vistas, and view sheds.
(10) Additionally, the applicant shall provide a geographic search ring for a new tower or base station
along with an evaluation that collocation on an existing tower or base station or structures within
the applicant's geographic search ring is not reasonably feasible because collocation is
technically or commercially impractical or the owner of the existing tower or base station or
structure is unwilling to enter into a contract for such use at fair market value. Evaluation shall
also include evidence that no existing or previously approved tower or base station can
reasonably be used for the wireless communications facility placement instead of the
construction of a new tower or base station; that residential, historic, and designated scenic areas
cannot be served from outside the geographic search ring; or that the proposed height of a new
tower or base station or a proposed height increase of a substantially modified tower or base
station, or replacement tower or base station or collocation is necessary to provide the applicant's
designed service.
C. All wireless communication facilities, and modifications to such facilities (as defined in § 280-69) shall
require a building permit, a Wireless Facility Planning Permit, and in some instances a special exception
approval.
D. No new personal wireless service facility (PWSF) may be constructed without a carrier licensed by the
FCC as a provider. A FCC-licensed provider of wireless communications services must either be the
applicant or the co-applicant or have executed a lease agreement with the applicant for any proposed
new wireless communication facility, collocation or modification. A copy of the executed lease
agreement with redaction of financial terms shall be provided as part of the application.
E. Location of wireless facilities.
(1) Applicants for wireless communications facilities shall locate, site and erect said wireless
facilities in accordance with the following priorities, with (a) being the most preferred option and
0) being the least preferred.
(a), Collocation on an eligible support structure not exceeding the definition of substantial
change;
[1] On Town-owned property,
[2] In the right of way.
[3] On other property in the Town.
(b) Collocation on an existing base station or tower exceeding the,definition of substantial
change.
(c) Replacement of an existing tower to add collocations, improve coverage and/or structural
capacity.
(d) New collocation on a new base station with no pre-existing wireless communication
facility equipment;
[1] On Town-owned property.
[2] In the right-of-way.
[3] On the other taxing districts' property.
[4] On other property in the Town.
(e) Replacement of an existing utility pole in the same location as the existing pole for a
small wireless facility in public right-of-way.
(f) A tower:
[1] Within a one-half-mile geographic search ring of potential tower locations by
design type and height identified in the Wireless Master Plan.
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
(2] On Town-owned property
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
d. Lattice tower
[3] On other taxing districts' property
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
d. Lattice tower
(g) A tower on other property in the LI or LIO Zoning Districts.
[1] Concealed tower
[2] Painted monopole
[3] Non-painted monopole
[4] Lattice tower
(h) A tower on other property in the MI, MII, B or HB Zoning
Districts.
[1] Concealed tower
[2] Painted monopole
[3] Non-painted monopole
[4] Lattice tower
(i) New utility pole for a small wireless facility in:
[1] Public right-of-way
[2] Private right-of-way
(j) A new tower on other property a minimum of two acres in size in the AC, R-40, R-80, R-
120, LB, RO, RR, HD or AHD Zoning Districts'. Towers are not allowed in R-200 or R-
400 districts.
[1] Concealed tower
[2] Painted monopole
[3] Non-painted monopole
[4] Lattice tower
(2) If the proposed wireless communication facility is not proposed for the most preferred option
listed above, the applicant shall submit a written report demonstrating the applicant's review of
the above locations in order of priority, demonstrating the technological reason for the site
selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation
as to why a more preferred location was not selected shall be included with the application. The
applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why
such a permit should be granted for the proposed site, and the hardship that would be incurred by
the applicant if the permit was not granted for the proposed site.
(3) An applicant may not bypass a more preferred location by stating the site proposed is the only
site leased or selected. An application shall address collocation as an option. If such option is not
proposed, the applicant must explain to the reasonable satisfaction of the Town why collocation
is commercially or otherwise impracticable.
(4) Notwithstanding the priorities above, the Town may, if satisfied with the explanation provided
by the applicant, approve any site located within an area in the above list of priorities, provided
that the Town finds that the proposed site is in the best interest of the health, safety and welfare
of the Town and its inhabitants and will not have a deleterious effect on the nature and character
of the community and neighborhood.
(5) Notwithstanding that a potential site may be situated in a most preferred location, the Town may
also disapprove an application for any of the following reasons:
(a) Conflict with safety and safety-related codes and requirements;
(b) Conflict with the historic nature or character of a neighborhood or historical district;
(c) The use or construction of wireless facilities which is contrary to an already-stated
purpose of a specific zoning or land use designation;
(d) In a public right-of-way the placement and location of wireless facilities which Would
create an unacceptable physical risk, or the reasonable probability of such, to residents,
the public, employees and agents of the Town, or employees of the service provider or
other service providers;
'New towers in single-family residential districts or recorded residential subdivisions are only allowed on lots used for non-residential
purposes which have a minimum size of two(2)acres.
(e) Conflicts with the provisions of this chapter.
F. Submittal requirements for all wireless communication facilities
(1) Payment of application fee(s).
(2) Completed Wireless Facility Planning Permit Application and if applicable a Wireless Facility
Special Exception Application with original signatures for the applicant and all co-applicants
applying for the application with indication if the applicant or co-applicant will be represented by an
agent, original signature authorizing the agent to represent the applicant and/or co-applicant. If the
applicant is not the owner or person in control of the personal wireless service facility and/or site, a
written declaration under penalty of perjury that the owner or person in control of the personal
wireless service facility and/or site has consented to the proposed facility or modification.
(a) The current and/or intended wireless service provider(s), as applicable for the application,
shall be indicated on the site plan with documentation provided by the service
provider(s).
(3) Structural integrity
(a) A structural analysis signed and sealed by a Professional Engineer in the State of New
York the entire tower or base station and all appurtenances are designed pursuant to the
design requirements of ASCE 7, including wind speed design requirements, and tower
loading/wind design requirements of Electronic Industries
Association/Telecommunications Industry Association (ANSI/TIA) 222-H, Risk
Category 11 and Exposure Category C standards, and any subsequent modification to
those specifications.
(b) Collocation modifications on existing eligible support facility using existing antenna
mounts shall also provide a mount analysis meeting same standard as (c)(i) above.
(4) RF Compliance
(a) For new towers and new collocations: A signed statement from an RF engineer
competent to opine as to RF emissions compliance stating that the radio frequency
emissions comply with FCC standards for such emissions as set forth in 47 CFR 1.1307,
1.310, 2.091 or 2.093, as applicable (Report and Order, ET Docket 93-62 (Guidelines for
Evaluating the Environmental Effects of Radiofrequency Radiation), 11 FCC Rcd 15123
(1996); Second Memorandum Opinion and Order and Notice of Proposed Rule Making,
ET Docket 93-62 (WT Docket 97-192), 12 FCC Rcd 13494 (1997).
(b) For Eligible Facility Requests: In addition to (d)(i) above, any eligible facility
collocation, modification, or upgrade application shall contain a signed statement from an
RF engineer competent to opine as to the RF emissions confirming that following
installation, the composite facility will remain in compliance with FCC standards as
stated in OET-65.
(5) Scenic landscapes and vistas. All PWSF located within or adjacent to a Town or state-designated
scenic vista or scenic landscape or road shall be located in a manner that minimizes its visual
impact on said scenic vista, landscape, or road.
(6) Signs. Only required safety and contact information signage shall be permitted on any PWSF.
Safety signs shall be in accordance with American National Standards Institute (ANSI) standards
for radio frequency radiation warning signs. Contact signs shall identify all service providers
located on the facility and shall include normal and emergency contact information for each.
Such signs shall not exceed five square feet in surface area.
(7) Noise from base equipment, including any backup generator, measures less than 45dB at all
adjacent property lines.
(8) Lighting: All base stations and towers are subject to the following:
(a) Security and safety lighting of equipment buildings shall be appropriately shielded to
keep light within the boundaries of the wireless communications site.
(b) Any lighting required by the FAA must be of the minimum.intensity and number of
flashes per minute (i.e., the longest duration between flashes) allowable by the FAA.
(c) Ground-based security and safety lighting shall only be illuminated as needed.
(d) Lights shall be filtered or oriented so as not to project directly onto surrounding property
or rights-of-way, consistent with FAA requirements.
(e) Only red lighting at dark shall be utilized on the tower or base station unless otherwise
required by FAA guidelines.
(9) Access: Access to wireless facilities located outside the street right-of-way should be from
already established site access points whenever possible. If access to the proposed tower or base
station does not exist, then a driveway, turnaround and required parking shall be provided on
site.
(10) Parking: Each PWSF located outside the right-of-way must have at least one designated parking
space on site.
(11) Hazardous materials. The applicant shall list location, type and amount of any materials
proposed for use within the personal wireless service facility, including those used as fuel for
generators, that are considered hazardous by the federal, state or local government.
(12) Proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and
"Objects Affecting Navigable Airspace," if applicable.
(13) Interference with Public-Safety Communications. In order to facilitate the regulation, placement,
and construction of antenna, and to ensure that all parties are complying to the fullest extent
possible with the rules, regulations, and/or guidelines of the FCC, each wireless provider shall
agree in a written statement to the following:
(a) Compliance with"Good Engineering Practices" as defined by the FCC in its rules and
regulations.
(b) Compliance with FCC regulations regarding susceptibility to radio frequency
interference, frequency coordination requirements, general technical standards for power,
antenna, bandwidth limitations, frequency stability, transmitter measurements, operating
requirements, and any and all other federal statutory and regulatory requirements relating
to radio frequency interference (RFI).
(c) Whenever the Town has encountered radio frequency interference with its public safety
communications equipment, and has reasonable cause to believe that such interference
has been or is being caused by one or more wireless facility antenna arrays, the following
steps shall be taken:
[1] The Town shall provide written notification to all wireless service providers
operating in the Town of possible interference with the public safety
communications equipment, and upon receipt of such notifications, the wireless
providers shall use their best efforts to cooperate and coordinate with the Town
and among themselves to investigate and mitigate the interference, if any,
utilizing the procedures set forth in the joint wireless industry-public safety
"Enhanced Best Practices Guide," released by the FCC in Appendix D of FCC 04-
168 (released August 6, 2004), including the "Good Engineering Practices," as
may be amended or revised by the FCC from time to time in any successor
regulations.
[2] If any wireless provider fails to cooperate with the Town in complying with the
owner's obligations under this section or if there is a determination of radio
frequency interference with the Town's public safety communications equipment,
the wireless provider who failed to cooperate and/or the wireless provider which
caused the interference shall be responsible for reimbursing the Town for all costs
associated with ascertaining and resolving the interference, including but not
limited to any engineering studies obtained by the Town to determine the source
of the interference. For the purposes of this subsection, failure to cooperate shall
include failure to initiate any response or action as described in the "Enhanced
Best Practices Guide" within twenty-four(24) hours of Town's notification.
G. Small Wireless Facilities. In addition to § 280-70.A. through F. the following applies
to all small wireless facilities:
(1) An executed agreement with the Town to use the Town's right-of-way.
(2) Small wireless facilities shall not exceed the size dimensions of the small wireless facility
definition. The applicant shall include calculations demonstrating in detail the applicant meets
the definition of small wireless facility.
(3) An aerial map showing the location of the proposed small wireless facility.
(4) A street view map to scale showing the proposed site location and property frontages within 100
feet in each direction parallel the right-of-way.
(5) An accurate site plan which identifies any easements, rights-of-way, sidewalks, driveways, and
the type and location of existing aboveground and, if applicable, underground utilities.
(6) Photo simulation with before and after images from at least two (2) reasonable line-of-sight
locations near the proposed project location. The photo simulations must be taken from the
viewpoints of the greatest pedestrian or vehicular traffic.
(7) A photo rendering shall be provided of the proposed small wireless facility that depicts aesthetic
features including, but not limited to, the use of colors and if applicable, concealment with
"before and after" installation exhibits.
(8) No portion of a small wireless facility shall obstruct pedestrians, vehicular, bicycle access, sight
lines or visibility for traffic, traffic signage or signals, or interfere with access by persons with
disabilities.
(9) No small wireless facility shall conflict with any utilities located within the public right-of-way.
(10) Equipment boxes, including meters, for small cell wireless facilities may be located on the
ground or attached on the pole at a height that does not interfere with pedestrian or vehicular
traffic, public views, and traffic signs or signals. Equipment boxes and meters attached to the
utility pole shall be surrounded by a shroud painted to match the pole.
(11) Cables, if not located inside the pole, shall be placed in conduit painted to match the pole from
the meter box to the antenna.
(12) Tree topping (removal of tree crown) or the improper pruning of trees is prohibited. Any
proposed pruning or removal of trees shrubs or other landscaping already existing in the right-of-
way must be noted in the application and must be reviewed and meet the approval of the Town.
(13) Applicants shall include an attestation that the small wireless facilities shall be activated for use
by a wireless services provider to provide service no later than one (1) year from the permit
issuance date, unless the Town and the wireless provider agree to extend this period, or a delay is
caused by a lack of commercial power at the proposed site.
(14) Small Wireless Facilities in Historic Districts. Any application proposing the installation of small
wireless facilities within a designated historic district shall comply with the following
requirements:
(a) Concealment techniques shall be designed to be consistent and harmonious with the
nature and character of the historic district, including color, shape and size of proposed
equipment.
(b) New utility poles or wireless support structures shall be designed to match the size, girth,
and design of any existing utility poles or other wireless support structures located in the
historic district right-of-way, i.e. decorative light poles or banner poles.
(c) This subsection shall not be construed to limit the Town's enforcement of historic
preservation in conformance with the requirements adopted pursuant to the National
Historic Preservation Act of 1966, 54 U.S.C. § 300101 et seq., and the regulations
adopted to implement those laws, or Section 14.09 of the New York State Historic
Preservation Act of 1980.
(15) Additional items for collocations on existing utility poles (not replacement).
(a) New collocations shall:
[1] Only be mounted on structures fifty (50) feet or less in height including the
antennas; or
[2] Only be mounted structures no more than ten (10) percent taller than other
adjacent structures or;
[3J Not extend existing structures on which they are located to a height of more than
fifty (50) feet or by more than ten (10) percent, whichever is greater.
(16) Additional items for the replacement of an existing wood utility pole.
(a) Replacement poles shall be designed with considerations of height, girth, scale, color,
texture and architectural design of any existing utility poles or other vertical structures
located in the right-of-way where the new facility is proposed.
(b) Antenna, meter boxes and ancillary equipment shall be surrounded by a shroud painted to
match the color of the existing or replacement utility pole.
(17) Additional requirements for new poles (not a replacement utility pole).
(a) Spacing requirements for small wireless facilities.
[1] To minimize the adverse visual impacts from the proliferation of antennas and
associated above-ground equipment for small wireless facilities, no small wireless
facility in the right-of-way shall be located, to the extent practicable, within one
hundred sixty-five (165) feet of any other small wireless facility in the same right-
of-way, unless the wireless service provider desiring to install small wireless
facilities less than one hundred sixty-five (165) feet apart demonstrates to the
Town's satisfaction why such placement is necessary.
[2] No small wireless facilities shall be placed in front of structure and shall be
located as close to the shared side yard lot line as possible.
[3] In a residential street right-of-way, all small wireless facilities located adjacent to
residential structures shall be placed in the right-of-way at locations where they
are at least one hundred (100) feet from the base of the facility to any residential
structure whenever possible.
[4] If a right-of-way has residential structures on only one (1) side of the street, small
wireless facilities shall be located on the opposite side of the right-of-way
whenever possible.
[5] Where a right-of-way has residential or commercial structures on only one (1) or
both sides of the street, the small wireless facilities shall be located as close to the
commercial structure whenever possible.
(b) All new concealed small wireless facilities shall be designed with considerations of
height, girth, scale, color, texture and architectural design of any existing utility poles or
other vertical structures located in the same right-of-way, i.e. decorative light poles or
design of the buildings parallel the rights-of-way where the new facility is proposed. All
cables, conduits, electronics, meters and wires shall be enclosed within the structure.
H. Eligible facility request. In addition to § 280-70.A. through F. the applicant must demonstrate in writing
that the proposed modification or collocation does not exceed any part of the definition of substantial
change.
1. New concealed collocation on a pre-existing structure with no existing wireless communications
equipment. In addition to § 280-70. A. through F. the following applies:
(1) Height limited to no more than ten (10) feet above the highest point of the building.
(2) The wireless equipment for a concealed base station, including all antennas, antenna arrays,
transmission lines, equipment enclosures of other ancillary equipment, must not be visible from
outside the building or structure housing the facility.
(3) When a wireless communication facility extends above the roof height of a building on which it
is mounted, every effort shall be made to conceal the facility within or behind existing
architectural features to limit its visibility from public and residential vantage points, yet permit
the facility to perform its designated function.
(4) Facilities mounted on a roof shall be recessed from the front facade in order to limit their impact
on the building's silhouette. If antennas are part of the recessed facility, the applicant shall submit
an access control plan that precludes inadvertent access to the front faces of the antennas by
building workers and the general public. The wireless communication facilities shall blend in
with the existing building's architecture and shall be painted or shielded with material which is
consistent with the design features and materials of the building.
(5) Fayade side-mounted facilities shall be flush-mounted and painted or otherwise Camouflaged to
blend with the facade or background materials of the structure.
(6) Any structural or design changes to the building or structure necessary to accommodate the new
wireless communications equipment shall be harmonious with the design and architectural style
of the building or structure and must comply with all applicable land use regulations and design
standards.
(7) PWSF equipment may be placed inside any portion of an existing building.
(8) PWSF equipment may be placed inside portions of existing noncomplying buildings that
currently exceed the height limit for the zone as long as no exterior design changes or height
increases are made to the portion of the building housing the enclosed facility.
(9) Interior-mounted facilities in existing buildings shall be constructed so that the outward
appearance of the building or structure before and after the installation is complete is identical or
nearly identical.
J. Towers. In addition to § 280-70.A. through F. the following applies to new towers:
(1) Towers shall not be located in the following areas without a permit from all jurisdictional
agencies:
(a) Wetlands, tidal and freshwater.
(b) Land above high groundwater(within 10 feet of the surface).
(c) Lands purchased with Community Preservation Funds.
(d) Coastal erosion hazard areas.
(e) Designated parkland.
(2) Lot Size. Minimum lot size in non-residential zoning districts shall be in accordance with the
bulk schedule for each. Lot size in residential zoning districts and/or recorded residential
subdivisions shall be a minimum of two acres, or in accordance with the bulk schedule for each
zoning district, whichever is greater.
(3) Fall zones. An area with a radius equal to the height of the tower free of residential habitable
structures is required around the tower. A smaller fall zone may be allowed if supported by a
report submitted by a qualified structural engineer. The structural engineer's report shall be
submitted to and reviewed by the Town and corroborated by an independent consultant hired by
the Town that demonstrates that a smaller fall zone is appropriate and safe.
(4) Setbacks.
(a) Setbacks for towers shall be equal to the determined fall zone of the tower or the Bulk
Schedule applicable to the principal uses for the one in which the structure is located,
whichever is greater.
(b) The setbacks for all related ground equipment shall, at a minimum, meet the Bulk
Schedule setbacks for the zoning district's accessory uses.
(5) Collocation. All new towers and compounds shall be designed to accommodate a minimum of
four tenants on the tower, counting the launch tenant as one of the four.
(6) Height. Maximum Tower height (excluding lighting rod) is one hundred forty (140) feet in all
districts where permitted, or as provided in the Wireless Master Plan.
(7) Height justification. A map indicating the applicant's existing radio frequency signal
propagation, a map indicating the applicant's proposed new radio frequency signal propagation,
and a map indicating the proposed improvements' coverage/capacity area for the lowest and
highest licensed frequencies, which provides sufficient justification for the requested antenna
height; or an affidavit from a radio frequency engineer, including the qualifications of affiant, to
justify the mounting height of the proposed new antenna.
(8) Balloon or Crane Test
(a) A balloon or crane test is required prior to generating the photo simulations to
demonstrate the proposed height and design type of the tower. The applicant shall arrange
to raise a colored balloon no less than three (3) feet in diameter at the maximum height of
the proposed tower and within twenty-five (25) horizontal feet of the center of the
proposed tower, or suspend a similar sized object from a crane at the same height.
(b) The applicant must inform the Town and abutting property owners in writing of the date
and times, including alternative dates and times, of the test at least fourteen (14) days in
advance. The Town may also send a general email to town residents with this
information.
(c) A 3-foot by 5-foot sign with lettering no less than three (3) inches high stating the
purpose of the balloon test shall be placed at the closest major intersection of the
proposed site.
(d) The balloon shall be flown, or the crane suspended, on a weekday for at least four (4)
consecutive hours during daylight hours on the date chosen. The applicant shall record
the weather, including wind speed during the balloon test.
(e) Re-advertisement will not be required if inclement weather occurs.
(9) Photographic simulation of pre-development and post-development views from the street
frontage of the existing property and surrounding properties to the north, south, east, and west,
and any other locations identified during the pre-development conference.
(10) Color. When a monopole is painted the color should be appropriate to the context of the tower's
location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal
Aviation Administration (FAA).
(11) Visual impact analysis: renderings or computer graphics illustrating the appearance of the
completed facility from residential and public vantage points to be determined by the Town
during the pre-development meeting.
(12) Tower siting. It is preferred that new towers sited on developed properties be located to the rear
of other principal buildings and shall not encroach on planting buffers, parking areas or
otherwise impair the operation of previously approved systems such as storm water drainage
basins. Existing buildings and structures should be used in the siting of new towers to contribute
to the visual screening of the tower.
(13) Minimum distance of all wireless equipment to adjacent residential property lines or street shall
be equal to the fall zone setback or the underlying zoning district setback, whichever is greater.
(14) Landscaping. The ground equipment shall be screened from view from surrounding properties
by dense vegetation and trees, either planted or existing, and meeting the site design appearance
criteria below.
(a) A screen of evergreen trees shall be planted outside the fence of the base equipment area
or shelter to provide a visual screen or buffer for adjoining properties and the public
right-of-way or other vantage points accessible to the public. The screen shall consist of a
double row of evergreen shrubs and trees that are of sufficient density and height to
immediately screen the base equipment from view.
(b) Required front yard setback areas shall be landscaped and include shrubs and trees.
(c) An alternative method of compliance may be approved if it achieves the same screening
goals.
(d) Survivability of the landscaping shall be guaranteed and maintained by the applicant for
the life of the installation.
§ 280-71. Required approvals.
All wireless communication facilities, and modifications to such facilities (as defined in § 280-69) shall require
a Wireless Facility Planning Permit, a building permit, and in certain cases a special exception approval will be
required as follows:
A., Administrative Approval: Wireless Facility Planning Permit and Building permit required by the
Planning and Building Departments.
(1) All applications for a Wireless Facility Planning Permit building permit shall comply with the
relevant subsections in § 280-70, General requirements for all wireless communication facilities,
and § 280-74, application requirements.
(2) An application qualifies for administrative approval of a Wireless Facility Planning Permit and a
building permit if it conforms to the relevant subsections of§ 280-70 and falls in one of the
following four categories:
(a) An eligible facility request.
(b) Concealed base station.
(c) A new tower within a one-half-mile geographic search ring of potential tower locations
identified in the Wireless Master Plan and also meet the suggested design type and height
in the Wireless Master Plan.
(d) Small wireless facilities located on existing or replacement utility poles.
B. Planning Board Review and Approval:
(1) A Wireless Facility Planning Permit application requires review and approval by the Southold
Town Planning Board in the following circumstances:
(a) New collocations on structures without pre-existing wireless communication equipment
where the height is greater than ten (10) feet above the highest point of the building; and
(b) Any application or collocation which exceeds the definition of substantial change and
presents aesthetic, siting location, or physical safety concerns.
(c) New small wireless facilities using newly installed utility pole(s) where none previously
existed.
C. Special exception. In the following circumstances, a Special Exception application is required:
A new tower proposed to be located outside a one-half mile geographic search ring of potential tower
locations identified in the Wireless Master Plan. All applications for special exception shall comply with
the standards in § 280-70, General requirements for all wireless telecommunication facilities, and § 280-
724, application fees and requirements.
(1) Authority. For the purposes of this section, notwithstanding Article XXV of this chapter, the
Planning Board shall be empowered to issue a special exception approval for wireless
communication facilities, subject to the provisions of this chapter.
(2) Standards. In addition to the standards in Article XXV of this chapter, no special exception
approval shall be granted unless the Planning Board specifically finds and determines the
following:
(a) Construction of the proposed facility or modification of the existing facility is a public
necessity, in that it is required to meet current or expected demands of the
telecommunications provider and to render adequate service to the public.
(b) The applicant has made substantial effort to co-locate with existing wireless facilities or,
failing that, has made substantial effort to locate on municipally owned land or structures,
or within or on existing buildings or structures.
(c) There are compelling reasons which make it more feasible to construct the proposed
facilities rather than alternatives.
(3) Matters to be considered. In addition to the matters to be considered in Article XXV of this
chapter, the Planning Board shall give consideration to the following in issuing a special
exception approval for wireless communication facilities:
(a) The proposed antenna support structure must be demonstrated to be the lowest height
above the ground feasible to achieve the service needs of the carrier(s). The rationale
behind the explanation by the applicant must be corroborated by an independent
consultant hired by the Town.
(b) The wireless communication facility has been situated to minimize its proximity and
visibility to residential structures, residential district boundaries and landmarks
designated by town, federal or state agencies.
(c) The wireless communication facility is designed and situated to be compatible with the
nature of uses on adjacent and nearby property.
(d) The wireless communication facility has been designed to use the surrounding
topography to minimize its visual impacts.
(e) The wireless communication facility has been designed to use the surrounding tree,
building or foliage coverage to minimize its visual impacts.
(f) The wireless communication facility maximizes design characteristics to reduce or
eliminate visual impacts and obtrusiveness.
(g) Other adequate conditions have been placed on the wireless communication facility
which will minimize any adverse impacts of the facility on adjoining properties.
§ 280-72. Application fees and requirements.
A. Fees. The following fees will be set by the Town Board by resolution:
(1) Wireless Facility Planning Permit.
(a) Eligible facility request
(b) New facility application
(c) Small Wireless application
(d) Small Wireless License Fee
(2) Building Permit application fees.
(a) Eligible facility request
(b) New facility
(3) Special exception application fee.
(4) Review by independent consultants.
(a) The Town may hire any consultant(s) and/or expert(s) necessary to assist the Town in
reviewing and evaluating the application, including the construction and modification of
the site, once permitted, and any site inspections. An escrow account shall be funded by
the applicant with an initial deposit as determined by the Planning Department, and based
upon an estimate provided by the consultant(s). No application shall be considered
complete for review purposes until an escrow account is established and funded.
(b) Withdrawals from said escrow account may be made from time to time to reimburse the
Town for the cost of its consultants' professional review services actually incurred in
connection with the review of any application including where applicable, the lease
negotiation, the preapproval evaluation, and the construction and modification of the site,
once permitted. The applicant shall remain responsible for all costs of outside consultants
in the event that said escrow deposit is exhausted. If such account is not replenished
within 30 days after the applicant is notified in writing of the requirement for such
additional deposit, the Planning Board may suspend its review of the application.
(c) The consultant(s) will work under the direction of the Town Planning Director. Copies of
the consultants' qualifications, findings and reports will be provided to the applicant and
an opportunity given to the applicant to respond to the content of the consultants' report
prior to any decisions being made. In the event that the amount held in escrow by the
Town is more than the amount of the actual invoicing at the conclusion of the project, the
remaining balance shall be promptly refunded to the applicant.
B. Wireless Facility Planning permit application requirements:
(1) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal
environmental impact statements and other documents verifying compliance with federal, state
and local regulations.
(2) Zoning narrative and supporting documents addressing each standard §280-70A through F and
the additional relevant subsection(s) following §280 70 A through F.
(3) Digital files of the propagation and gap maps, including attribute information, in a geographic
information system (GIS) format and projection that is compatible with the GIS technology
currently in use by the Town of Southold.
(4) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which
the wireless communication facility is to be located.
(5) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility
will not constitute an obstruction or hazard to air navigation.
(6) Visual impact analysis: renderings or computer graphics illustrating the appearance of the
completed facility from residential and public vantage points to be determined by the Planning
Board.
(7) Adjacent land uses, structures and zoning within five hundred (500) feet.
(8) The location in latitude and longitude, type and height of the wireless communication facility.
(9) If applicable, a list of other carriers already located on the facility, with the number, type, height,
orientation, effective radiated power, number of channels and operating frequencies of each
antenna, including the proposed.
(10) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a
geographic information system depicting the search ring of the proposed facility.
(11) A photo of the facility, if already existing.
(12) Location of landmarks listed by federal, state or town agencies within three hundred (300) feet.
(13) Distances between the proposed facility and the following:
(a) The nearest residential structure.
(b) The nearest property line with a residential use.
(c) All other structures.
(d) Roads, rights-of-way, driveways.
(14) Fall zone radius and distance.
(15) Proposed means of access.
(16) Elevation drawings with dimensions clearly indicated, including diameter or width of the
structure at its widest and narrowest, and the tallest point, including antennas or lightning
protection.
(17) Other information deemed by the Town to be necessary to assess compliance with this article.
C. Special exception application. To make the determination on an application for special exception, the
Planning Board shall require the following in addition to the requirements of Article XXV of this
chapter:
(1) Each application shall include:
(a) One copy of the Wireless Facility Planning permit application.
(b) A written site location alternative analysis describing the location of other sites
considered, the availability of those sites, the extent to which other sites do or do not
meet the provider's service or engineering needs and the reason why the subject site was
chosen.
(c) Other information deemed by the Planning Board to be necessary to assess compliance
with this article.
(2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort
has been made to locate or co-locate on existing towers or other available and appropriate
buildings and structures, that it is not feasible to co-locate on an existing facility and that the
proposed location is necessary to provide adequate service to the public. The documentation
shall include a notarized statement by the applicant as to whether construction of the wireless
communication facility will accommodate collocation of additional antennas for future users.
(3) The Planning Board and Planning Department may retain technical consultants as they deem
necessary to provide assistance in the review of the needs and site location alternatives analyses
and other matters that the Board deems necessary. The applicant shall bear the reasonable cost
associated with such consultation, which cost shall be assessed as an additional application fee.
The consultants will work under the direction of the Town Planning Director. Copies of the
consultants' qualifications, findings and reports shall be made available to the applicant upon
acceptance of the final draft of the report by the Planning Board.
(4) The applicant must explain in writing to the Planning Board why it selected the proposed site,
discuss the availability or lack thereof of a suitable structure within the search ring for
collocation, and the extent to which the applicant has explored locating the proposed facility in a
more intensive use district. Correspondence with other telecommunication providers concerning
collocation is part of this requirement. The applicant shall also provide evidence supporting the
existence of inadequate service. This may include the propagation maps cited above, traffic
studies, customer complaint logs and similar data. The applicant must also demonstrate to the
Board that the proposed facility satisfies the demonstrated service deficiency to an equal or
greater degree than any of the reasonably available alternatives.
§ 280-73 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, Landmark Preservation:
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.
B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be
fully reversible.
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.
§ 280-74. Application Approval Timelines
A. Small wireless facilities in Town rights-of-way
(1) Total timeline for review from date of receipt of a complete application by the Town:
(a) Collocation using an existing structure: sixty (60) days.
(b) Installation using a new or replacement structure: ninety (90) days.
(2) Review timeline:
(a) Unless a written agreement between the applicant and the Town provides otherwise, for
an initial application the Town planning staff designee shall review the siting application
and notify the applicant on or before the tenth (loth) day after submission of the
application that the application is materially incomplete, and clearly and specifically
identify the missing documents or information and the specific rule or regulation creating
the obligation to submit such documents or information. The comment notice shall
identify the deficiencies in the application, which, if cured, would make the application
complete. The shot clock date for siting application is determined by counting forward,
beginning on the day after the date when the application was submitted, by the number of
calendar days of the shot clock period.
(b) The shot clock calculation shall restart at zero (0) on the date on which the applicant
submits all the documents and information identified by the Town to render the
application complete or incomplete.
(c) The wireless communication facility shall be deemed complete on resubmission if the
resubmitted materials cure the original deficiencies indicated by the Town.
(d) If the Town does not approve the application following resubmission, then the
application shall be deemed incomplete, and the steps outlined above will be followed
until the application is deemed complete.
(e) The Town may deny an application for any of the following reasons:
[1] Applicable codes, Town Code or objective design standards that concern public
safety, traffic safety and aesthetic concerns for decorative Town utility poles,
including reasonable and nondiscriminatory concealment requirements such as
screening or landscaping for ground-mounted equipment; or
[2] Public safety and reasonable spacing requirements concerning the location of
ground-mounted equipment in a right-of-way, including ADA compliance;
[3] If the Town denies an application, then the Town must document the basis for a
denial, including the specific code provisions on which the denial was based. The
Town shall send the documentation to the applicant on or before the day the Town
denies an application. If the Town fails to approve or deny the application within
the prescribed shot clock timeline, the applicant shall have all remedies available
at law.
(f) Batching. If a single application seeks authorization for multiple deployments, then the
presumptively reasonable period of time for the application for the applications as a
whole is equal to that for a single deployment within that category. The Town may
remove a small wireless facility from a consolidated application and treat separately
small wireless facility locations for which incomplete information has been provided or
that are denied. The Town will issue a separate permit for each location that is approved.
(g) All work within the Town rights-of-way is also subject to approval of a street opening
permit for work that involves excavation, affects traffic patterns or obstructs vehicular
traffic within or along the Town's rights-of-way. Any/all work in the public right-of-way
as per this code is subject to approval of a Wireless Facility Planning permit or building
permit.
(h) As-built construction drawings shall be provided to the Town for all structures,
equipment, cable, pipes and conduit located within a Town or public right-of-way, and
within any Town-owned utility or multi-purpose easement; and which must include, for
fiber optic cable, the number of strands of fiber in the conduit. If any of the Town's
utilities or other infrastructure is relocated within the right-of-way as part of the
construction, the Town shall have final approval of the design and engineering of such
relocated items.
(i) Rates for use of Town utility poles within the right-of-way. An applicant who places a
small wireless facility on a utility pole within a right-of-way in accordance with this
section shall:
[1] Execute an agreement with the Town; and
[2] Pay to the Town an annual recurring rate as set forth in the Town's Fee Schedule
for the use of such utility pole.
[3] Required Permit Provisions. Each permit issued by the Town and each license
agreement for small wireless facilities shall be made upon the condition that the
applicant agree to the following conditions:
(a) Indemnification. To the fullest extent allowed by law, both the wireless
infrastructure provider and wireless services provider (for this paragraph,
collectively referred to as "provider") constructing, installing, operating,
repairing, maintaining and using a small wireless facility shall indemnify,
defend and hold harmless the Town, and its officials, agents, and
employees from and against all suits, actions or claims of any character
brought because of any injury or damage received or sustained by any
person, persons or property arising out of, or resulting from, said
provider's breach of any provision of law, including but not limited to any
asserted negligent act, error or omission of the provider, or its agents or
employees, arising from or relating to its small wireless facility. The
indemnifications required hereunder shall not be limited by reason of the
specification of any particular insurance coverage for any permit. The
provider's obligations under this provision shall not terminate with the
expiration or termination of its permit, but shall survive it.
(b) Dispute Resolution. A court of competent jurisdiction located in Southold,
New York shall have exclusive jurisdiction to resolve all disputes arising
under this section applying the laws of the State of New York. Pending
resolution of a dispute concerning rates for collocation of small wireless
facilities on utility poles within the right-of-way, the Town shall allow the
collocating party to collocate on utility poles at annual rates as set forth in
the Town Fee Schedule.
B. Eligible Facility Applications.
(1) Timeframe for review. Within sixty (60) days of the date on which an application submits a
complete application for approval, the Town shall approve the application unless it denies the
application.
(2) Tolling of the timeline for review. The sixty (60) day period begins to run when the application
is filed and may be tolled only by mutual agreement or in the cases where the Town determines
that the application is incomplete.
(3) Town must notify the applicant within thirty (30) days of submission (or within some other
mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the deficiencies in the
application which, if cured, would make the application complete. The clock stops on the date
the notice is sent to the applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit the application for
review. Any subsequent review shall be limited to the deficiencies list in the prior denial.
(6) The clock re-starts on the date of resubmission by the applicant. The Town shall, within ten (10)
days of re-submission, notify the applicant of continuing deficiencies or the application will be
deemed complete. The timeline for a decision shall be likewise tolled during the additional re-
submission deficiency period until the 2nd resubmission. Second or subsequent notices of
incompleteness may not specify missing documents or information that were not delineated in
the original notice of incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be postmarked to the
applicant by day sixty (60) after the initial submission, excluding tolling.
(8) Failure to Act. In the event the Town fails to approve or deny an application within the
timeframe for review (accounting for any tolling), the request shall be deemed granted. The
deemed granted does not become effective until the applicant notifies the Town in writing after
the review period has expired (accounting for any tolling) that the application has been deemed
granted.
C. New collocation on a new base station with no pre-existing wireless communication facility equipment
applications.
(1) Timeframe for review. Within ninety (90) days of the date on which an application submits an
application for approval, the Town shall approve the application unless it denies the application.
(2) Tolling of the timeline for review. The ninety (90) day period begins to run when the application
is filed and may be tolled only by mutual agreement or in the cases where the Town determines
that the application is incomplete.
(3) Town must notify the applicant within thirty (30) days of submission (or within some other
mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the efficiencies in the
application which, if cured, would make the application complete. The clock stops on the date
the notice is sent to the applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit the application for
review. any subsequent review shall be limited to the deficiencies list in the prior denial.
(6) The clock re-starts on the date of resubmission by the applicant. The Town shall, within ten (10)
days of re-submission, notify the applicant of continuing deficiencies or the application will be
deemed complete. The timeline for a decision shall be likewise tolled during the additional re-
submission deficiency period until the 2nd resubmission. Second or subsequent notices of
incompleteness may not specify missing documents or information that were not delineated in
the original notice of incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be postmarked to the
applicant by day ninety (90) after the initial submission, excluding tolling.
(8) Failure to Act. In the event the Town fails to approve or deny an application within the
timeframe for review(accounting for any tolling), the request shall be deemed granted. The
deemed grant does not become effective until the applicant notifies the Town in writing after the
review period has expired (accounting for any tolling) that the application has been deemed
granted.
D. New tower exceeding the definition of a small wireless facility.
(1) The time frame for review. Within one hundred fifty (150) days of the date on which an
application submits an application for approval, the Town shall approve the application unless it
denies the application.
(2) Tolling of the timeline for review. The one hundred fifty (150) day period begins to run when the
application is filed and may be tolled only by mutual agreement or in the cases where the Town
determines that the application is incomplete.
(3) The Town must notify the applicant within thirty (30) days of submission (or within some other
mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the deficiencies in the
application which, if cured, would make the application complete.
(5) The timeline clock stops on the day after the date the Town sends notice of incompleteness to the
applicant.
(6) The applicant may cure the deficiencies identified by the Town and resubmit the application for
review. Any subsequent review shall be limited to the deficiencies list in the prior denial.
(7) The clock re-starts on the date of resubmission by the Applicant. The Town shall, within ten (10)
days of re-submission, notify the applicant of continuing deficiencies or the application will be
deemed complete. The timeline for a decision shall be likewise tolled during the additional re-
submission deficiency period until the 2nd resubmission. Second or subsequent notices of
incompleteness may not specify missing documents or information that were not delineated in
the original notice of incompleteness.
(8) Approval or denial of a complete application shall be in writing and shall be postmarked to the
applicant by one hundred fifty (150) days after the initial submission, excluding any tolling
period.
(9) Failure to Act. In the event the Town fails to approve or deny an application under this
subsection within the timeframe for review (accounting for any tolling), the applicant shall have
all remedies available at law.
§ 280-75. Removal
A. Any wireless communication facility that is not operated for a continuous period of twelve (12) months
shall be deemed abandoned. At that time, the owner of the wireless communication facility or the owner
of the property where the wireless communication facility is located shall remove all components
thereof within ninety (90) days of such deemed abandonment or will be in violation of this article. In the
case of a wireless communication facility on preexisting structures, this provision shall apply to the
wireless communication facility only. If the wireless communication facility is not removed within said
ninety (90) days, the Building Inspectors may give the owner notice that unless the removal is
accomplished within thirty (30) days, the Town will cause the removal at the owner's expense. All costs
and expenses incurred by the Town in connection with any proceeding or any work done for the removal
of a wireless communication facility shall be assessed against the land on which such wireless
communication facility is located, and a statement of such expenses shall be presented to the owner of
the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a
conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the
owner of the facility and the owner of the property upon which the facility is located shall fail to pay
such expenses within ten(10) days after the statement is presented or posted, a legal action may be
brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any
such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid,
together with a statement identifying the property in connection with which the expenses were incurred
and the owner of the facility and the owner of the property upon which the facility is located, with the
Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such
property. Such amount shall be included in the levy against such property, shall constitute a lien and
shall be collected and enforced in the same manner, by the same proceedings, at the same time and
under the same penalties as are provided by law for the collection and enforcement of real property taxes
in the Town of Southold.
B. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health,
safety and general welfare of Town citizens through removal provisions to ensure the proper
decommissioning of wireless communication facilities within the entire Town. The removal reduction
provision of this chapter shall supersede any inconsistent portions of the Town Law § 64(5-a) and
govern the subject of removal of wireless communication facilities in this chapter.
§ 280-76. Preexisting antenna support structures and antennas.
A. Preexisting antenna support structures and antennas, for which a permit has been issued prior to the
effective date of this article, may continue in use for the purpose now used and as now existing, subject
to the conditions of that permit..Preexisting antenna support structures and antennas may not be
replaced, structurally altered, or added to without complying in all respects with this article. The
issuance of permit renewals or other new permits for such facilities shall be in accordance with the
provisions of this article. Preexisting antenna support structures and antennas without the proper permits
shall be considered out of compliance with this article.
B. Any wireless service provider with at least one preexisting antenna support structure or antenna in the
Town of Southold that is out of compliance with the building and zoning requirements in this chapter
prior to the adoption of this article shall not be eligible for any new approvals until the preexisting
antenna support structure or antenna is brought into compliance with this article.
C. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-
locate, attach, or share an existing antenna support structure, when such existing facility is found to have
one or more antennas or mounts without permits.
D. Any application by a wireless service provider shall be deemed incomplete if that provider has a
preexisting antenna support structure in the Town on which there is any antenna or mount without
permits, and said application shall not be processed until that facility is brought into compliance with
this article.
§ 280-76.1. Waivers of criteria.
In approving a Wireless Facility Planning Permit or special exception, the Planning Board may waive or modify
the following criteria if it finds that the goals and stated purposes of this article are better served by doing so,
and that there is no detriment to the public health, safety and welfare.
A. Section 280-70 (J),(6) Maximum height: one hundred forty (140) feet. In zones, where collocation will
achieve the result of fewer antenna support structures, the Planning Board may modify the one hundred
forty (140) foot height restriction with the condition that the antenna support structure be constructed so
that antennas can be installed at any height on the structure, and that the overall height of the structure
can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a
height that is taller than that required by installed and operational antennas. The applicant must show
that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other
carriers are located in the same area as the proposed structure.
B. Section 280-76. Preexisting antenna support structures and antennas not in compliance. The provision
requiring preexisting nonconforming facilities to be brought into compliance may be modified by the
Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if,
in those cases only, the applicant demonstrates that those preexisting facilities, given the carrier's
coverage or capacity needs, are already in a location that would comply the same or better as any
alternate locations, or are already constructed to be as unobtrusive as possible.
C. Section 280-70 (J) (2), Lot Size. Minimum lot sizes may be reduced on non-conforming lots of record in
the event the Applicant can demonstrate that no conforming lots are available in the geographic search
ring.
D. Section 280-70 (J)(4). Setbacks. Setbacks may be reduced to less than the determined fall zone of the
tower or the bulk schedule where existing conditions, lot dimensions, or tower design and siting
circumstances justify a reduced setback.
§ 280-76.2. Relief.
With the exception of relief from the denial of an application for special exception approval pursuant to § 280-
72 C, and waivers pursuant to § 280-76.1. Waivers of criteria, any applicant desiring any other relief or
exemption from the requirements of this article may seek a variance from the Zoning Board of Appeals in
accordance with Article XXVI of this chapter.
§ 280-76.3. Severability.
The various parts, sections and clauses of this article are hereby declared to be severable. If any clause,
sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be
invalid, the judgment shall not affect the validity of this article as a whole or any part thereof other than the part
so decided to be unconstitutional or invalid.
§ 280-76.4. When effective.
This article shall take effect immediately upon filing with the Secretary of State.
Local'Law Filing
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1.(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto ascribed as local law number 5 of 20 26 of
the (Csun#y)(G+ty)(Town)(V+Aage) of Southold was duly passed by the
Town Board on June 16, 20 26 in accordance
(Name of Legislative Body)
with the applicable provisions of law.
2. ,
Chief Cven-utive O fir.W
I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 and was
(Name of Legislative Body)
(approved)(not approved)(repassed after disapproval) by the
(Elective Chief Executive Officer`)
on 20 in accordance with the applicable provisions of law.
3.(Final adoption by FefeFendum.)
I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of.the
(County)(City)(Town)(Village) of was duly passed by the
� on 20 and was
(Name of Legislative Body)
(approved)(not a p proved)(repassed after disapproval) by the on
(Elective Chief Executive Officer*)
20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the
affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual)election held on
20 in accordance with the applicable provisions of law.
4.(SubjeGt to permissive refeFendurn and final adoption beGause no valid petition Was fi'P-d- Fecluesting referendum.)
I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 and was
(Name of Legislative Body)
(approved)(not approved)(repassed after disapproval) by the on
(Elective Chief Executive Officer)
20 Such local law was subject to permissive referendum and no valid petition
requesting such referendum was filed as of 20 in accordance with the
applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be
none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested
with the power to approve or veto local laws or ordinances.
1
DOS-0239-f (Rev. 02/25) Page 3 of 4
Local Law Filin
5. (Gity local law GonGerning Gharter rev' ad by petition-.)
I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of
the City of having submitted to referendum pursuant to
the provisions of Section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the (special)(general) election held on
20 became operative.
6. (County local law GonGerning adoption of CharteF.)
I hereby certify that the local law annexed thereto, ascribed as local law number of 20 of
the County of State of New York, having been submitted to
the electors at the General Election of November 20 pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
the paragraph 1 above.
Clerk of the county legislative body, City,Town or Village Clerk or
officer designated by local legislative body
(Seal)
(Date)
DOS-0239-a-f(Rev. 02-25) page 4 of 4
DENIS NONCARROW �° Town Hall,53095 Main Road P.O.
TOWN CLERK Box 1179
y Southold,New York 11971 Fax
REGISTRAR OF VITAL "-
(631)765-6145 Telephone(631)
STATISTICS MARRIAGE OFFICER 765-1800
RECORDS MANAGEMENT X www.southoldtownny.gov
OFFICER FREEDOM OF + `
INFORMATION OFFICER tolm
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-565 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 16,2026:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 5th day of May 2026, a Local Law entitled"A Local Law in relation
to an Amendment to Chapter 280-Wireless Communications 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 were 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 an Amendment to Chapter 280 Wireless
Communications Facilities,"which reads as follows:
LOCAL LAW NO. 5 of 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280,Article XVII is hereby repealed in its entirety.
A new Chapter 280,Article XVII Wireless Communication Facilities is hereby adopted as
follows:
S 280-67. Purpose.
It is the express purpose of this article to minimize the visual and environmental impacts of
wireless communication facilities while protecting the health,safety and welfare of
Southold's citizens. It recognizes the crucial role of reliable wireless coverage for work,
public safety,education,social connection and recreation, and allows wireless service
providers to meet their technological and service objectives. In addition,the regulation of
wireless facilities,including the type of structure,is intended to protect the scenic and
aesthetic qualities of the Town of Southold while meeting the community's need for
consistent and dependable coverage.This article allows wireless communication facilities in
certain preferred locations to be reviewed and approved in keeping with the Town's
existing zoning and historic development patterns,including the size and spacing of
structures.
THE ENTIRE PROPOSED LOCAL LAW IS FOUND ON THE SOUTHOLD TOWN
WEBSITE: www.soutlioldtownny.gov AND IS ALSO AVAILABLE AT THE TOWN CLERKS
OFFICE.
;L
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted '
MOVER: Councilwoman Doherty
SECONDER: Councilman Mealy
AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty,
Councilwoman Smith, Councilwoman Suess, Supervisor Krupski, Jr.
NAYES: None
Born, Sabrina
From: Born, Sabrina
Sent: Thursday,June 18, 2026 11:16 AM
To: Chiello, Liam; Doherty,Jill; Griffin, Kayla;Johnson, Benjamin; Krupski, Al; Lisa Finn
(lisaahfinn@gmail.com); McGivney,Julie; Mealy, Brian; Schlachter,Amy; Smith, Anne;
Standish, Lauren; Stevens, Kate; Suess,Alexa;Tomaszewski, Michelle;Tomaszewski,
Zachary
Cc: Rudder, Lynda; Noncarrow, Denis
Subject: Legal Notice-Ch. 280, Wireless Communications Facilities
Attachments: Ch. 280, Wireless Communications Facilities.docx
Good Morning,
Please see the attached Legal Notice.
Thank you,
Sabrina M. Born
Deputy Town Clerk& Sub-Registrar
Senior Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Sox 1179
Southold,NY 11971
Ph: 631-765-1800 ext. 1226
Fax: 631-765-6145
i
Born, Sabrina
From: Born, Sabrina
Sent: Thursday,June 18, 2026 11:45 AM
To: ersupp@generalcode.com'; Noncarrow, Denis; Rudder, Lynda; Mudd,Jennifer
Subject: Local Law#5 of 2026
Attachments: Local Law#5 of 2026.pdf
Good Morning,
Please see the attached Local Law No. 5 of 2026 of the Town of Southold, adopted June 16, 2026.
Thank you,
.Sa�iuta7?Z�an�
Sabrina M. Born
Deputy Town Clerk &Sub-Registrar
Senior Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Ph: 631-765-1800 ext. 1226
Fax: 631-765-6145
Your message is ready to be sent with the following file or link attachments:
Local Law#5 of 2026.pdf
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of
file attachments. Check your e-mail security settings to determine how attachments are handled.
i
-
DENIS NONCARROW �� G.f, Town Hall,53095 Main Road
TOWN CLERK p - P.O.Box 1179
y Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145
MARRIAGE OFFICER 'y�ol �aQ� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www,southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 18, 2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chapter 280—Wireless Communications Facilities
Please sign.the duplicate of this letter and return to me at your earliest convenience. Thank
4
Denis Noncarrow
Town Clerk
Attachments
cc: Long Island State Park Commission
Email: Village of Greenport ✓ Town of Shelter Island
Town of Riverhead ,/ Town of Southampton
JSouthold Town Planning Board J Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
J Southold Town Building Department Suffolk County Department of Planning
Date:
Signature, Received By
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
.O�gUFFOt;�co
DENIS NONCARROW �� Gy Town Hall,53095 Main Road
TOWN CLERK p P.O.Box 1179
y 2 Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p • . Fax(631)765-6145
MARRIAGE OFFICER Telephone
RECORDS MANAGEMENT OFFICER 0,( ���
FREEDOM OF INFORMATION OFFICER www.southoldtownnygov
765-1800
ldt
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 18,2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chanter 280—WireMess Communications Facilities
Please si_n the duplicate of this letter and return to me at your earliest convenience. Thank you.
RECEIVED
Denis Noncarrow Town Clerk JUN 1 B 2026
Attachments Southdd Town Clerk
cc: Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department Suffolk County Department of Planning
Date: �//01-0 Z40
Signature,Receik&6y
Title:
lease print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DENIS NONCARROW �� G� Town Hall,53095 Main Road
TOWN.CLERK P.O.Box 1179
Southold,New York U971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6146
MARRIAGE OFFICER � ��� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER g `� www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 18,2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chanter 280--Wireless Communications Facilities
Please sign the duplicate of this letter and retarri to me at your earliest convenience. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Long Island State Park Commission
r
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department Suffolk County Department of Planning
` `0��• ���' " Date: Co 11 F/-Z/4ca6
Signature,Received By '
Sv tv.by 1t• s��I cie ry Y 60 yr1JAN�i 7CW �rn� C��e
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DENIS NONCARROW Town Hall,53095 Main Road
TOWN CLERK :� P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ' "
Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER wwwsoutholdtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 18,2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chanter 2W' Wireless Communications Facilities
Please sign the duplicate of this letter and return.to me at your earliest convenience. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department Suffolk County Department of Planning
Date: 6/18/26
Signature,Received By
Jessica Michaelis Title:Southold Town Planning Department
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
5 Main Road
DENIS NONCARROW Town Hall,6309
TOWN CLERK o P.O.Box 1179
' Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® `° Fax(631)765-6145
MARRIAGE OFFICER �p �Q Telephone(631)766-1800
RECORDS MANAGEMENT OFFICER www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 18,2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chatter 20 Wireless Communications Facilities
r
Please siau the duplicate of this'letter'ai d return to-meat your earliesfconvenience. Thank vou..
`v
t'' ..
Denis Noncarrow
Town Clerk
Attachments
cc: Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
South d Tovmbi it g:Depait rent Suffolk County Department of Planning
i
Date: 1
$igna.,. a Received
- Title:
�—
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
F����� Town Hall 53095 Main Road
DENIS NONCARROW �
TOWN CLERK P.O.Box 1179
edt Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p ® c+ Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®� • '� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 18,2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relAtzon to Amendments to Chanter280—Wireless CommunicationsTFacilities
Please sign the duplicate of this letter and returri,'to me at your-:earliest convenience. Thank you.
RECEIVED
LA
Denis Noncarrow JUN 18 2026
Town Clerk
Attachments Southold Town Clerk
'- cc: Long Island State Park Commission
3
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
g Southold Town Building Department Suffolk County Department of Planning
Date:
Si Received By
Please print name
i
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
k
i
i
I
DENTS NONCARROW �� .° : ell' . ' Town Hall,53095 Main Road
P.O.Box 1179
TOWN CLERK Southold,New York 11971
REGISTRAR OF VITAL STATISTICS � r"q 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
June 18,2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chapter 280—Wireless Communications Facilities
Please sign the duplicate of this letter and return to me at your earliest convenience. Thank You.
RECEIVED
Denis Noncarrow JUN 1 8 2026
Town Clerk
Southold Town Clerk
Attachments
cc: Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department Suffolk County Department of Planning
Date:
Signature,Rec v d By
Title: o �.J► IC-
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DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
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Born, Sabrina
From: Born, Sabrina
Sent: Thursday,June 18, 2026 11:54 AM
To: Bunch, Connie; Cantrell, Elizabeth; Flinter,William; Fuentes, Kim; Greenport Village Clerk;
Lanza, Heather; Michaelis, Jessica; Noncarrow, Denis; Norklun, Stacey; Nunemaker,
Amanda; Riverhead Town Clerk (wooten@townofriverheadny.gov); Sepenoski,John;
Shelter Island Town Clerk (smundy@shelterislandtown.gov); Southampton Town clerk
(TownClerk@southamptontownny.gov);Verity, Mike;Weisman, Leslie
Cc: Rudder, Lynda; Mudd,Jennifer; Noncarrow, Denis
Subject: NTA-ENACTED-Ch. 280,Wireless Communications Facilities
Attachments: NTA-Ch. 280,Wireless Communications_20260618104642.pdf
Good Morning,
Please see the attached Notice of Enacted—Chapter 280, Wireless Communications Facilities. Please
complete the bottom and email back to the Southold Town Clerk's Office.
Thank you,
Sabrina M. Born
Deputy Town Clerk & Sub-Registrar
Senior Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold,NY 11971
Ph: 631-765-1800 ext. 1226
Fax: 631-765-6145
Your message is ready to be sent with the following file or link attachments:
NTA-Ch. 280, Wireless Communications 20260618104642.pdf
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file attachments. Check your e-mail security settings to determine how attachments are handled.
i
DENIS NONCARROW Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR.OF VITAL STATISTICS � � Fax(631)765-6145
MARRIAGE OFFICER �� �® Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
RECEIVED
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD JUL - I
June 18, 2026 Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law
entitled:
A Local Law in relation to Amendments to Chanter 280—Wireless Communications Facilities
Please sign the duplicate of this letter and return to me at your earliest convenience Thank you
Denis Noncarrow
Town Clerk
Attachments
cc: Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
A-00
hoidTown.P mg Board Southold TownTrustees
hold Town ssessors Southold Town Board of Appeals
So thold Tow uilding Department Suffolk County Department of Planning
Date:
ig kure, R ce'61y6dBy 4 L
YVj
t Title:�� y'
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
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OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
53095 Main Road
t° PO Box 1179
Southold,NY 11971
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 18t' day of June, 2026, a notice of which the annexed printed
notice is a true copy was affixed, 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 and the Southold Town
Website: www.southoldtownny.gov
Enactment of Local Law No. 5 of 2026—Ch. 280 Wireless Communications
Facilities
Denis Noncarrow
Southold Town Clerk
Sworn to before me on the
181h day of June, 2026
Ll Notary Public
SABRINA M BORN
Notary Public,State of New York
No.01 B06317038,Suffolk County,
Commission Expires Dec.22,20
INTERIM AD DRAFT
This is the proof of your ad scheduled to run in The Suffolk Times on the dates indicated below. If
changes are needed, please contact us prior to deadline at (518) 730-4551.
Notice ID: HMk24BOrZrnY31nuGXZi I Proof Updated:Jun.18,2026 at 11:11am EDT
Notice Name: Enact-Ch.280 Wireless Communications Facil.
See Proof on Next Page
This is not an invoice.Below is an estimated price,and it is
subject to change.You will receive an invoice with the final
price upon invoice creation by the publisher.
FILER FILING FOR
Sabrina Born The Suffolk Times
sabrina.born@town.southold.ny.us
Columns Wide: 1 Ad Class: Legals
06/25/2026: 1.Public Notice-With 21.50
Affidavit
Affidavit Fee 25.00
Subtotal $46.50
Tax% 0
Processing Fee $0.00
Total $46.50
Enact-Ch. 280 Wireless Communications Facil. - Page 1 of 2
SUFFOLK COUNTY
LEGAL NOTICE
TOWN OFSOUTHOLD
NOTICE OF ENACTMENT
NOTICE IS HEREBY GIVEN that
the Town Board of the Town of
Southold held a public hearing on
the aforesaid Local Law at which
time all interested persons were
given an opportunity to be heard,
and
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of
the Town of Southold hereby
ENACTED the proposed Local Law
entitled,
°A...Lq.Cal_Lc?1N.:1.lt..I Q�dtl..4.t1 t.9_. CL
AmendmomtSo Chapter280,-
Wireless Communications
Facilities"
A copy of this Local Law is
available on the Town Website:
www.soLitholdtownny.gov or at the
Town Clerk's Office(631)765-1800.
BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
DATED:JUNE 16,2026
DENIS NONCARROW,TOWN
CLERK
Enact-Ch. 280 Wireless Communications Facil. - Page 2 of 2
LEGAL NOTICE
NOTICE OF ENACTMENT
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold held a public
hearing on the aforesaid Local Law at which time all interested persons were given an
opportunity to be heard, and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold
hereby ENACTED the proposed Local Law entitled,
A Local Law in relation to an Amendment to Chanter 280,Wireless Communications
Facilities
A copy of this Local Law is available on the Town Website: www.southoldtownnygov or at the
Town Clerk's Office (631)765-1800.
BY THE ORDER OF THE SOUTHOLD TOWN BOARD
DATED: JUNE 16, 2026
DENIS NONCARROW, TOWN CLERK
I
DENIS NONCARROW Town Hall,93095 Main Road P.O.
TOWN CLERK 90 `i" Box 1179
��t +? Southold,New York 11971 Fax
REGISTRAR OF VITAL (631)765-6145 Telephone(631)
STATISTICS MARRIAGE OFFICER 765-1800
RECORDS MANAGEMENT www.southoldtownny.gov
OFFICER FREEDOM OF
INFORMATION OFFICER �`I�,lN
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-565 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 16,2026:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 5th day of May 2026, a Local Law entitled"A Local Law in relation
to an Amendment to Chapter 280-Wireless Communications 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 were 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 an Amendment to Chapter 280 Wireless
Communications Facilities,"which reads as follows:
LOCAL LAW NO. 5 of 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280,Article XVII is hereby repealed in its entirety.
A new Chapter 280,Article XVII Wireless Communication Facilities is hereby adopted as
follows:
& 280-67. Purpose.
It is the express purpose of this article to minimize the visual and environmental impacts of
wireless communication facilities while protecting the health,safety and welfare of
Southold's citizens It recognizes the crucial role of reliable wireless coverage for work,
public safety, education,social connection and recreation, and allows wireless service
providers to meet their technological and service objectives. In addition,the regulation of
wireless facilities,including the type of structure,is intended to protect the scenic and
aesthetic qualities of the Town of Southold while meeting the community's need for
consistent and dependable coverage.This article allows wireless communication facilities in
certain preferred locations to be reviewed and approved in keeping with the Town's
existing zoning and historic development patterns,including the size and spacing of
structures.
THE ENTIRE PROPOSED LOCAL LAW IS AN ATTACHMENT TO THIS AGENDA AND
IS ALSO AVAILABLE AT THE TOWN CLERKS OFFICE.
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilwoman Doherty
SECONDER: Councilman Mealy
AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty,
Councilwoman Smith, Councilwoman Suess, Supervisor Krupski, Jr.
NAYES: None
DEPARTMENT OF THE NAVY
NAVAL STATION NEWPORT
690 PEARY STREET
NEWPORT,RI 02841-1522
•,.� .._._..-__e.��.—..-.-_ ._-_.�....,.T___.____ IN REPLY REFER TO:
�. 5726
1 N00CPLO/
i 16 JUN 2026
Martin Finnegan Esq
JUN 1 6 2026 1
Finnegan Law
13250 Main Road PO Box 1452
Mattituck NY 11952 1----- ___
Via email mfinneganna,northfork.law
Dear Sir:
SUBJECT: PICKETT POWER LLC
As a property owner and abutter to land owned by the Fishers Island Waste Management
District,Naval Station Newport was notified on 4 JUN of the request made by Pickett Power
LLC to the Town of Southold for a change of zone and public meeting notice to be held on 16
JUN.
Please provide a response to the following, as the Navy does not intend to attend the public
meeting.
Our initial review of the project has raised concerns about the potential for electromagnetic
interference(EMI) originating from the solar farm's electrical equipment. The Navy's Fishers
Island Antenna Test Complex is a non-replicable, mission-critical asset essential to maintaining
U.S. undersea dominance. By providing an electromagnetically quiet, open-ocean testing
environment,the facility directly enables the stealth and survivability of the Navy's submarine
fleet. The power inverters and charge controllers used in solar farm installations can generate
electromagnetic noise that could disrupt sensors, communications systems, and testing activities
at the facility.
The proposed plan indicates the system will utilize SMA Sunny Highpower PEAK3 125-US
inverters. To properly assess the project's impact on our operations we require the following
technical information:
a. The exact make, model, model and operating specifications for all proposed power
inverters, charge controllers, and transformers. While the plan specifies the inverter model,we
require the manufacturer's full technical data sheet;
b. Manufacturer EMI/EMC (Electromagnetic Compatibility)test data detailing the expected
radiated and conducted emissions profiles for the SMA Sunny Highpower PEAK3 125-US
inverters and any other significant radiating equipment;
c. A scaled diagram showing the precise distances from the planned inverter equipment
pads to the Navy property boundary along East Main Road; and
d. A comprehensive list of planned electromagnetic shielding, filtering, and specific
grounding techniques incorporated into the project design to mitigate EMI.
5726
NOOCPLO/
16 JUN 2026
This data is essential for us to model potential impacts and determine if further mitigation may
be necessary. Thank you. You may contact me at 401.330.6355 or via email at
cornelia.a.mueller.civ ,us.nay .mil.
Sincerely,
Cornelia Mueller
Community Planning Liaison Officer
By Direction
Copy to:
PWD
NUWC
Town of Southold at denisn(&southoldtownyg.�ov
2
FINNEGAN LAW, P.C.
13250 MAN ROAD
P.O. BOX 1452
MA"171-1"LICK, NEW YORK 11952
(631)315=6070
MARTIN D. FINNEGAN, ESQ.
MFINNEGANONORTHFORK.LAW
Via Cert(fied Mall, Return Receipt Requested
June 4, 2026 �.---.•4,ti. . -_____ �Y___.
United States Government
Naval Sta Newport PWD
Attn: Asset Mgm JUN 16 203
1 Simonpietri Dr
Newport, RI 02841
Re: Town Board Public Hearing-Change of Zone
Applicant: Pickett Power LLC
Property Owner: Fishers Island Waste Management District
Premises: South side of East Main Road 8a East side of Wilderness Road,
Fishers Island, NY 06390
SCTM #: .1000-012.00-02.00-006.013
To Whom It May Concern:
This office represents the Applicant, Pickett Power LLC, regarding their petition to
the Southold Town Board for a change of zone of the above-referenced parcel from R-120
to Light Industrial (LI) to clear the way for the construction of a ballasted solar voltaic
energy system. A copy of the survey and site plan are attached for your reference... L
A public hearing on the Applicant's.petition has been scheduled on'Tuesday, June .
16th, 2026 at 6 p.m. in-person at the Peconic Community Center, 1170 Peconic Lane,
Peconic, NY 11958. You or your representative have the right to appear and be heard at
said hearing.
If you have any questions regarding this petition, please feel free to contact this
office directly or you may confact'the Southold Town Clerk at denisn?cLsouthold tow nny.
or by phone at (631) 765-1800 for a copy of said petition.
J }l n^
Very t my your,
Martin D. Finnegan
MDF/ao
Enclosures
TOWN BOARD TOWN F SOUTHOLD
In the Matter of the Petition of
Pickett Power LLC(Applicant) ,
NOTICE
TO
to the Town Board of the Town of Southold.: ADJACENT
PROPERTY OWNERS
TO:
Proi)erty Owners on Attached Mailing List
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to Petition'the Town Board of the Town of Southold to request a
change of zoning district classification of the premises from R-120 to Light Industrial (LI)to clear the
way for the construction of a ballasted solar voltaic energy system.
2. That the property which is the subject of the Petition is located adjacent
follows: to your property and is described as
Suffolk County Tax Map# 1000-12.-2-6.13
Property Address:South side of East Main Road & East side of Wilderness Road, Fishers Island, NY
06390
3. That the property which is the subject of such Petition is located in the following zoning district:
R-120
4. That by such Petition, the undersigned will request that the above-described property be placed in the
following zone district classification: Light Industrial (LI)
5. That a written Petition requesting.the relief specified above has been filed in the Southold Town Clerk's
Office at Main Road, Southold, New York and you may then and there examine the same during regular office
hours.
6. That before the relief sought may be granted, a public hearing will be held on the matter.by the Town
Board on Tuesday,June 161h, 2026 at 6 p.m. at the Peconic Community Center, 1170 Peconic Lane,
Peconic, NY 11958; that a notice 'of such hearing will be'published at least ten days prior to the date of such
hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication
Of such notices; that you or your representative have the right to appear and be heard at such hearing.
Dated: June °, 2026
lute �D. Fin a an, Esq., Attorney/Agent for Applicant
Finnegan La , P
PO Box 1452
13250 Main Road
Mattituck, NY 11952
Y
LEGAL NOTICE
NOTICE OF PUi3L1C IIIs
NOTICE IS HE Al7�NG
REBY GIVEN that the Town Board of the Town of Southold is considering
the change of zone of the property identified as SCTM#1000-I2-2-
Waste Management District, Fishers Island, consisting scdering
Industrial (LI) on its own motion; and l n further 6.0rc the Fishers-Island
g of 18.I 0-acre parcel from R_120 to Light
NOTICE IS HEREBY FURTHER GIVEN that the Town
Board of the Town Southold
requests, P that the Planning Board prepare a re ort of
QRA
g and LWRp
rezoning, includin SE and recommendations on the proposed
report and recommendations; and be it further
NOTICE IS HEREBY GIVEN that the To
wn ard of the
Suffolk County Planning Commission Prepare aB port and recTO "
mof Southold requests that the
rezoning; and be it further endations on the proposed
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the requirements
the New York State Town Law and the Code of the Town of
the Town Board of the Town of Southold will hold a dSuffolk
C u Section 265 of
Southold,Suffolk County,New York,
entitled,"A Local Law to amendPublic hearing on a proposed Local Law
Designation ofproperty identified n e Suffolk Count
Zoning p of the Town of Southold by Changing the Zoning
R-120 to Light Industrial LI " Y Tax Map as Lot#1000-012-2-6.013 from
New York on the 16th day( ) at the Peconic Community Center, 1170 Peconic Lane, Peconic
notice of such appeal in the Suffolk IkTimes,26 at The 6. 0
p.d t and directs the Town Clerk to publish
ten (10)days not more than thin Y, and the Fishers Island Fog Horn not less than
y(30)days prior to such hearing.'
DATED; MAY 20, 2026
BY ORDER OF THE SOUTHOLD,TOWN BOARD
DENTS NONCARROW, TOWN CLERK
OFFICE LOCATION: e�yQ� QU� MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1935
Southold,NY ® 0' www.southoldtownny.gov
�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Denis Noncarrow, Town Clerk
Members of the Town Board
cc: Paul DeChance,Town Attorney
From: James H. Rich III, Chairman
Members of the Planning Board
Date: January 9,2026
Re: Planning Board Comments
Wireless Communication Facility Code Revisions
The Planning Board respectfully submits this memorandum to express its support for the proposed
amendments to the Town's Wireless Communications Code.
The Board supports updating the Town Code to ensure consistency with applicable federal regulations
governing wireless communications facilities. Aligning local regulations with federal standards is
3 necessary to maintain the Town's authority while reducing legal uncertainty and ensuring compliance
f
with evolving federal requirements.
In addition,the Planning Board supports the proposed amendments that streamline and clarify the review
and approval process for wireless facilities. Improving the efficiency and predictability of the permitting
timely deployment of improved wireless infrastructure,which is essential for
process will help facilitate
public safety,economic development, and the everyday communication needs of residents,businesses,
9
and visitors.
The Board finds that the proposed changes strike an appropriate balance between expediting the delivery
' of better cell service throughout the Town and maintaining thoughtful local oversight. Importantly,the
amendments rely on the comprehensive master plan to guide decision-making related to the location,
design, and prioritization of wireless facilities. This master plan-based approach ensures that
infrastructure improvements are implemented in a coordinated manner that reflects community goals,
minimizes visual and environmental impacts, and provides equitable service coverage.
For these reasons,the Planning Board recommends adoption of the proposed wireless code amendments
and believes they will position the Town to better meet current and future wireless service needs while
remaining consistent with federal law and sound planning principles.
Please contact the Planning Department with any questions.
a
Full Environmental Assessment Form
Part 1 -Project and Setting
Instructions for Completing Part 1
Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding,
are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to
any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist,
or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to
update or fully develop that information.
Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that
must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the
answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any
additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information
contained in Part lis accurate and complete.
A.Project and Applicant/Sponsor Information.
Name of Action or Project:
Town of Southold 2026 Wireless Communication Master Plan and Zoning Amendments
Project Location(describe,and attach a general location map):
Town of Southold,Suffolk County,NY
Brief Description of Proposed Action(include purpose or need):
The Proposed Action involves the adoption of the Southold Town Wireless Master Plan and updates to Article XVII Wireless Communication Facilities of
the Southold Town Code to meet current federal regulation and address the wireless service needs of the community.The Master Plan evaluates cell
service coverage gaps in the Town of Southold and proposes new regulations.The proposed regulations identified in the Wireless Master Plan are
reflected in the changes to Article XVII Wireless Communication Facilities to be adopted.The code amendments to Article XVII of the Town Code maintain
and refine the Town oversight process,identify priorities for future wireless facility development,and allow for needed flexibility to incentivize wireless
providers to improve service.
Name of Applicant/Sponsor: Telephone:631-765-1 s00
Town of Southold Town Board E-Mail:
Address:53095 Route 25
City/PO:Southold State:NY Zip Code:11971
Project Contact(if not same as sponsor;give name and title/role): Telephone:(631)765-1938
Heather Lanza,AICP,Town Planning Director E-Mail:
heathed@southoldtownny.gov
Address:
54375 State Route 25
City/PO: State: Zip Code:
Southold NY 11971
Property Owner (if not same as sponsor): Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
Page 1 of 13
FEAF 2019
B.Government Approvals
B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial
assistance.)
Government Entity If Yes:Identify Agency and Approval(s) Application Date
Required (Actual or projected)
a.City Council,Town Board, ®Yes❑No Town Board Approval June 2026
or Village Board of Trustees
b.City,Town or Village 0Yes❑No Planning Board Referral Spring 2026
Planning Board or Commission
c.City,Town or ❑Yes❑No
Village Zoning Board of Appeals
d.Other local agencies ❑Yes❑No
e.County agencies 5Yes❑No County Planning Required GML-239 Referral Spring 2026
f.Regional agencies ❑Yes❑No
g.State agencies ❑Yes❑No
h.Federal agencies ❑Yes❑No
i. Coastal Resources.
i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes❑No
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®YesONo
iii. Is the project site within a Coastal Erosion Hazard Area? ®Yes❑No
C.Planning and Zoning
C.1.Planning and zoning actions.
Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®Yes❑No
only approval(s)which must be granted to enable the proposed action to proceed?
• If Yes,complete sections C,F and G.
• If No,proceed to question C.2 and complete all remaining sections and questions in Part 1
C.2.Adopted land use plans.
a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®Yes❑No
where the proposed action would be located?
If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ®Yes❑No
would be located?
b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway; mYes❑No
Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan;
or other?)
If Yes,identify the plan(s):
Suffolk County Comprehensive Water Resource Management Plan
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®Yes❑No
or an adopted municipal farmland protection plan?
If Yes,identify the plan(s):
Town of Southold Communty Preservation Project Plan(2016) Community Preservation Fund Management and Stewardship Plan(2017).Southold Town
Farm and Farmland Protection Strategy(2000)
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C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No
If Yes,what is the zoning classification(s)including any applicable overlay district?
The changes to Article XVII proposed will have affect on all zoning districts within the Town
b. Is the use permitted or allowed by a special or conditional use permit? Not applicable. ❑Yes❑No
c.Is a zoning change requested as part of the proposed action? ❑Yes®No
If Yes,
i. What is the proposed new zoning for the site?
CA.Existing community services.
a.In what school district is the project site located?Southold Union Free School District
b.What police or other public protection forces serve the project site?
Southold Town Police Department
c.Which fire protection and emergency medical services serve the project site?
Southold Fire Department
d.What parks serve the project site?
Peconic Dunes County Park,Cedar Beach County Park,Nassau Point Beach,Truman's Beach,Founders Landing.Horton's Point Lighthouse Park,
Breakwater Park,Emerson Park,Bailie's Beach Park,Goldsmith's Inlet Park,Inlet Pond County Park,Long Beach,New Suffolk Beach,McCabe's Beach
D.Project Details
D.I.Proposed and Potential Development Section Not Applicable to Proposed Action
a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all
components)?
b.a.Total acreage of the site of the proposed action? acres
b.Total acreage to be physically disturbed? acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? acres
c.Is the proposed action an expansion of an existing project or use? ❑Yes❑No
i.If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units,
square feet)? % Units:
d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes❑No
If Yes,
i.Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types)
ii. Is a cluster/conservation layout proposed? ❑Yes❑No
iii.Number of lots proposed?
iv. Minimum and maximum proposed lot sizes? Minimum Maximum
e.Will the proposed action be constructed in multiple phases? ❑Yes❑No
L If No,anticipated period of construction: months
ii. If Yes:
• Total number of phases anticipated
• Anticipated commencement date of phase 1 (including demolition) month year
• Anticipated completion date of final phase month year
• Generally describe connections or relationships among phases,including any contingencies where progress of one phase may
determine timing or duration of future phases:
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f.Does the project include new residential uses? ❑Yes❑No
If Yes,show numbers of units proposed.
One Family Two Family Three Family Multiple Family four or more
Initial Phase
At completion
of all phases
g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes❑No
If Yes,
i.Total number of structures
ii. Dimensions(in feet)of largest proposed structure: height; width; and length
iii. Approximate extent of building space to be heated or cooled: square feet
h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes❑No
liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage?
If Yes,
i.Purpose of the impoundment:
ii. If a water impoundment,the principal source of the water: ❑ Ground water❑Surface water streams❑Other specify:
iii. If other than water,identify the type of impounded/contained liquids and their source.
iv. Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres
v. Dimensions of the proposed dam or impounding structure: height; length
vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete):
D.2. Project Operations
a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? ❑YeseNo
(Not including general site preparation,grading or installation of utilities or foundations where all excavated
materials will remain onsite)
If Yes:
i.What is the purpose of the excavation or dredging?
ii.How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site?
• Volume(specify tons or cubic yards):
• Over what duration of time?
iii. Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them.
iv.Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No
If yes,describe.
v.What is the total area to be dredged or excavated? acres
vi.What is the maximum area to be worked at any one time? acres
vii. What would be the maximum depth of excavation or dredging? feet
viii. Will the excavation require blasting? ❑Yes❑No
ix. Summarize site reclamation goals and plan:
b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment ❑YesRJNo
into any existing wetland,waterbody,shoreline,beach or adjacent area?
If Yes:
i. Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic
description):
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ii. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or
alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres:
iii.Will the proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No
If Yes,describe:
iv.Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No
If Yes:
• acres of aquatic vegetation proposed to be removed:
• expected acreage of aquatic vegetation remaining after project completion:
• purpose of proposed removal(e.g.beach clearing,invasive species control,boat access):
• proposed method of plant removal:
• if chemical/herbicide treatment will be used,specify product(s):
v.Describe any proposed reclamation/mitigation following disturbance:
c.Will the proposed action use,or create a new demand for water? ❑Yes oIo
If Yes:
i. Total anticipated water usage/demand per day: gallons/day
ii. Will the proposed action obtain water from an existing public water supply? ❑Yes❑No
If Yes:
• Name of district or service area:
• Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No
• Is the project site in the existing district? ❑Yes❑No
• Is expansion of the district needed? ❑Yes❑No
• Do existing lines serve the project site? ❑Yes[--]No
iii.Will line extension within an existing district be necessary to supply the project? ❑Yes❑No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project:
• Source(s)of supply for the district:
iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes❑No
If,Yes:
• Applicant/sponsor for new district:
• Date application submitted or anticipated:
• Proposed source(s)of supply for new district:
v. If a public water supply will not be used,describe plans to provide water supply for the project:
vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: gallons/minute.
d.Will the proposed action generate liquid wastes? ❑Yes❑No
If Yes:
i. Total anticipated liquid waste generation per day: gallons/day
fi.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and
approximate volumes or proportions of each):
iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No
If Yes:
• Name of wastewater treatment plant to be used:
• Name of district:
• Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No
• Is the project site in the existing district? ❑Yes❑No
• Is expansion of the district needed? ❑Yes❑No
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• Do existing sewer lines serve the project site? ❑Yes❑No
• Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project:
iv.Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No
If Yes:
• Applicant/sponsor for new district:
• Date application submitted or anticipated:
• What is the receiving water for the wastewater discharge?
v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed
receiving water(name and classification if surface discharge or describe subsurface disposal plans):
vi. Describe any plans or designs to capture,recycle or reuse liquid waste:
e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes❑No
sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point
source(i.e. sheet flow)during construction or post construction?
If Yes:
i. How much impervious surface will the project create in relation to total size of project parcel?
Square feet or acres(impervious surface)
Square feet or acres(parcel size)
ii. Describe types of new point sources.
iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties,
groundwater,on-site surface water or off-site surface waters)?
• If to surface waters,identify receiving water bodies or wetlands:
• Will stormwater runoff flow to adjacent properties? ❑Yes❑No
iv.Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes❑No
f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes®No
combustion,waste incineration,or other processes or operations?
If Yes,identify:
i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles)
ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers)
iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation)
g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes®No
or Federal Clean Air Act Title IV or Title V Permit?
If Yes:
i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No
ambient air quality standards for all or some parts of the year)
ii. In addition to emissions as calculated in the application,the project will generate:
Tons/year(short tons)of Carbon Dioxide(CO2)
• Tons/year(short tons)of Nitrous Oxide(NZO)
• Tons/year(short tons)of Perfluorocarbons(PFCs)
• Tons/year(short tons)of Sulfur Hexafluoride(SF6)
Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs)
• Tons/year(short tons)of Hazardous Air Pollutants(HAPs)
Page 6 of 13
h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ❑Yes®No
landfills,composting facilities)?
If Yes:
i. Estimate methane generation in tons/year(metric):
ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or
electricity,flaring):
i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No
quarry or landfill operations?
If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust):
j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No
new demand for transportation facilities or services?
If Yes:
i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend
❑Randomly between hours of to
ii. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks):
iii. Parking spaces: Existing Proposed Net increase/decrease
iv.Does the proposed action include any shared use parking? Dyes DNo
v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe:
vi. Are public/private transportation service(s)or facilities available within%z mile of the proposed site? ❑Yes❑No
vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No
or other alternative fueled vehicles?
viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No
pedestrian or bicycle routes?
k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes®No
for energy?
If Yes:
i. Estimate annual electricity demand during operation of the proposed action:
ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or
other):
iii. Will the proposed action require a new,or an upgrade,to an existing substation? ❑Yes❑No
1.Hours of operation. Answer all items which apply.
i. During Construction: ii. During Operations:
• Monday-Friday: • Monday-Friday:
• Saturday: • Saturday:
• Sunday: • Sunday:
• Holidays: a Holidays:
Page 7 of 13
m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑Yes ONo
operation,or both?
If yes:
i. Provide details including sources,time of day and duration:
ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes[]No
Describe:
n.Will the proposed action have outdoor lighting? El Yes ONo
If yes:
i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures:
ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes❑No
Describe:
o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes ONo
If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest
occupied structures:
p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes ONo
or chemical products 185 gallons in above ground storage or any amount in underground storage?
If Yes:
i. Product(s)to be stored
ii.Volume(s) per unit time (e.g.,month,year)
iii. Generally,describe the proposed storage facilities:
q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ONo
insecticides)during construction or operation?
If Yes:
i. Describe proposed treatment(s):
ii.Will the proposed action use Integrated Pest Management Practices? ❑ Yes []No
r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes ONo
of solid waste(excluding hazardous materials)?
If Yes:
i. Describe any solid waste(s)to be generated during construction or operation of the facility:
• Construction: tons per (unit of time)
• Operation: tons per (unit of time)
ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste:
• Construction:
• Operation:
iii.Proposed disposal methods/facilities for solid waste generated on-site:
• Construction:
• Operation:
Page 8 of 13
s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes® No
If Yes:
i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or
other disposal activities):
ii. Anticipated rate of disposal/processing:
• Tons/month,if transfer or other non-combustion/thermal treatment,or
• Tonsihour,if combustion or thermal treatment
iii. If landfill,anticipated site life: years
t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous❑YesONo
waste?
If Yes:
i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility:
ii. Generally describe processes or activities involving hazardous wastes or constituents:
iii.Specify amount to be handled or generated tons/month
iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents:
v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No
If Yes:provide name and location of facility:
If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility:
E.Site and Setting of Proposed Action
E.I.Land uses on and surrounding the project site Section Not Applicable to Proposed Action
a.Existing land uses.
i. Check all uses that occur on,adjoining and near the project site.
❑ Urban ❑ Industrial ❑ Commercial ❑ Residential(suburban) ❑ Rural(non-farm)
.❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify):
ii. If mix of uses,generally describe:
b.Land uses and covertypes on the project site.
Land use or Current Acreage After Change
Covertype Acreage Project Completion (Acres+/-)
• Roads,buildings,and other paved or impervious
surfaces
• Forested
• Meadows,grasslands or brushlands(non-
agricultural,including abandoned agricultural)
• Agricultural
(includes active orchards,field,greenhouse etc.)
• Surface water features
(lakes,ponds,streams,rivers,etc.)
• Wetlands(freshwater or tidal)
• Non-vegetated(bare rock,earth or fill)
• Other
Describe:
Page 9 of 13
c.Is the project site presently used by members of the community for public recreation? ❑Yes❑No
i. If Yes:explain:
d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes❑No
day care centers,or group homes)within 1500 feet of the project site?
If Yes,
i. Identify Facilities:
e.Does the project site contain an existing dam? ❑Yes❑No
If Yes:
i. Dimensions of the dam and impoundment:
• Dam height: feet
• Dam length: feet
• Surface area: acres
• Volume impounded: gallons OR acre-feet
U. Dam's existing hazard classification:
W. Provide date and summarize results of last inspection:
f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes❑No
or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility?
If Yes:
i. Has the facility been formally closed? ❑Yes❑No
• If yes,cite sources/documentation:
ii. Describe the location of the project site relative to the boundaries of the solid waste management facility:.
W. Describe any development constraints due to the prior solid waste activities:
g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes❑No
property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste?
If Yes:
i.Describe waste(s)handled and waste management activities,including approximate time when activities occurred:
h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes[--]No
remedial actions been conducted at or adjacent to the proposed site?
If Yes:
i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No
Remediation database? Check all that apply:
❑ Yes—Spills Incidents database Provide DEC ID number(s):
❑ Yes—Environmental Site Remediation database Provide DEC ID number(s):
❑ Neither database
ii. If site has been subject of RCRA corrective activities,describe control measures:
W. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes❑No
If yes,provide DEC ID number(s):
iv. If yes to(i),(ii)or(iii)above,describe current status of site(s):
Page 10 of 13
v. Is the project site subject to an institutional control limiting property uses? ❑Yes❑No
• If yes,DEC site ID number:
• Describe the type of institutional control(e.g.,deed restriction or easement):
• Describe any use limitations:
• Describe any engineering controls:
• Will the project affect the institutional or engineering controls in place? ❑Yes❑No
• Explain:
E.2. Natural Resources On or Near Project Site
a.What is the average depth to bedrock on the project site? feet
b.Are there bedrock outcroppings on the project site? Yes[—]No
If Yes,what proportion of the site is comprised of bedrock outcroppings? %
c.Predominant soil type(s)present on project site: %
d.What is the average depth to the water table on the project site? Average: feet
e.Drainage status of project site soils:❑ Well Drained: %of site
❑ Moderately Well Drained: %of site
❑ Poorly Drained %of site
f.Approximate proportion of proposed action site with slopes: ❑ 0-10%: %of site
❑ 10-15%: %of site
❑ 15%or greater: %of site
g.Are there any unique geologic features on the project site? ❑Yes❑No
If Yes,describe:
h. Surface water features.
i.Does any portion of the'project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes❑No
ponds or lakes)?
ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes❑No
If Yes to either i or ii,continue. If No,skip to E.2.i.
iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, [--]Yes❑No
state or local agency?
iv. For each identified regulated wetland and waterbody on the project site,provide the following information:
• Streams: Name Classification
• Lakes or Ponds: Name Classification
• Wetlands: Name Approximate Size
• Wetland No.(if regulated by DEC)
v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes❑No
waterbodies?
If yes,name of impaired water body/bodies and basis for listing as impaired:
i.Is the project site in a designated Floodway? ❑Yes❑No
j.Is the project site in the 100-year Floodplain? ❑Yes❑No
k.Is the project site in the 500-year Floodplain? ❑Yes❑No
1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑Yes❑No
If Yes:
i.Name of aquifer:
Page 11 of 13
in. Identify the predominant wildlife species that occupy or use the project site:
n.Does the project site contain a designated significant natural community? ❑Yes❑No
If Yes:
i.Describe the habitat/community(composition,function,and basis for designation):
ii. Source(s)of description or evaluation:
W. Extent of community/habitat:
• Currently: acres
• Following completion of project as proposed: acres
• Gain or loss(indicate+or-): acres
o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes❑No
endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species?
If Yes:
i. Species and listing(endangered or threatened):
p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑Yes❑No
special concern?
If Yes:
i. Species and listing:
q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes❑No
If yes,give a brief description of how the proposed action may affect that use:
E.3. Designated Public Resources On or Near Project Site
a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes❑No
Agriculture and Markets Law,Article 25-AA,Section 303 and 304?
If Yes, provide county plus district name/number:
b.Are agricultural lands consisting of highly productive soils present? ❑Yes❑No
i. If Yes:acreage(s)on project site?
ii. Source(s)of soil rating(s):
c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes❑No
Natural Landmark?
If Yes:
i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature
ii. Provide brief description of landmark,including values behind designation and approximate size/extent:
d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes❑No
If Yes:
i. CEA name:
ii. Basis for designation:
W. Designating agency and date:
Page 12 of 13
e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes❑No
which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS
Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places?
If Yes:
i.Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District
ii.Name:
iii. Brief description of attributes on which listing is based:
f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes❑No
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No
If Yes:
i.Describe possible resource(s):
ii. Basis for identification:
h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑No
scenic or aesthetic resource?
If Yes:
i. Identify resource:
ii.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway,
etc.):
iii. Distance between project and resource: miles.
i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes❑No
Program 6 NYCRR 666?
If Yes:
i. Identify the name of the river and its designation:
ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No
F.Additional Information
Attach any additional information which may be needed to clarify your project.
If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any
measures which you propose to avoid or minimize them.
G. Verification
I certify that the information provided is true to the best of my knowledge.
Applicant/Sponsor Name Town of Southold Town Board Date
Signature Title
PRINT FORM Page 13 of 13
Agency Use Only[If applicable]
Full Environmental Assessment Form Project:
Part 2-Identification of Potential Project Impacts Date:
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental
professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
• Review all of the information provided in Part 1.
• Review any application,maps,supporting materials and the Full EAF Workbook.
• Answer each of the 18 questions in Part 2.
• If you answer"Yes"to a numbered question,please complete all the questions that follow in that section.
• If you answer"No"to a numbered question,move on to the next numbered question.
• Check appropriate column to indicate the anticipated size of the impact.
• Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box"Moderate to large impact may occur." .
• The reviewer is not expected to be an expert in environmental analysis.
• If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general
question and consult the workbook.
• When answering a question consider all components of the proposed activity,that is,the"whole action".
• Consider the possibility for long-term and cumulative impacts as well as direct impacts.
• Answer the question in a reasonable manner considering the scale and context of the project.
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, ®NO DYES
the land surface of the proposed site. (See Part 1. D.1)
I "Yes", answer questions a- '. I "No move on to Section 2.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may involve construction on land where depth to water table is E2d ❑ ❑
less than 3 feet.
b.The proposed action may involve construction on slopes of 15%or greater. E2f ❑ ❑
c.The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ ❑
generally within 5 feet of existing ground surface.
d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑
of natural material.
e.The proposed action may involve construction that continues for more than one year Dle ❑ ❑
or in multiple phases.
f.The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑
disturbance or vegetation removal(including from treatment by herbicides).
g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i ❑ ❑
h.Other impacts: ❑ ❑
Page 1 of 10
FEAF 2019
2. Impact on Geological Features
The proposed action may result in the modification or destruction of,or inhibit
access to,any unique or unusual land forms on the site(e.g., cliffs,dunes, ®NO ❑YES
minerals, fossils,caves). (See Part 1.E.2.g)
I "Yes", answer questions a-c. I "No", move on to Section 3.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.Identify the specific land form(s)attached: E2g ❑ ❑
b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑
registered National Natural Landmark.
Specific feature:
c. Other impacts: ❑ ❑
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water ®NO ❑YES
bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1.D.2,E.21)
I "Yes", answer questions a-1. I "No", move on to Section 4.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may create a new water body. D2b,Dlh ❑ ❑
b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑
10 acre increase or decrease in the surface area of any body of water.
c.The proposed action.may involve dredging more than 100 cubic yards of material D2a ❑ ❑
from a wetland or water body.
d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑
tidal wetland,or in the bed or banks of any other water body.
e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑
runoff or by disturbing bottom sediments.
f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑
of water from surface water.
g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑
of wastewater to surface water(s).
h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑
downstream of the site of the proposed action.
j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑
around any water body.
Fk.wastewater
The proposed action may require the construction of new,or expansion of existing, Dla,D2d
treatment facilities.
Page 2 of 10
1.Other impacts: ❑ °
4. Impact on groundwater
The proposed action may result in new or additional use of ground water,or ❑✓NO ❑YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1.D.2.a,D.2.c,D.2.d,D.2.p,D.2.q,D.2.t)
If"Yes", answer questions a-h. If"No", move on to Section 5.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑
on supplies from existing water supply wells.
b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑
withdrawal capacity rate of the local supply or aquifer.
Cite Source:
c.The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ ❑
sewer services.
d.The proposed action may include or require wastewater discharged to groundwater. 132d,E21
e.The proposed action may result in the construction of water supply wells in locations 132c,Elf, ❑ ❑
where groundwater is,or is suspected to be,contaminated. Elg,Elh
f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑
over ground water or an aquifer.
g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑
feet of potable drinking water or irrigation sources. E21,D2c
h. Other impacts: ❑ ❑
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding. 0 NO ❑YES
(See Part 1.E.2)
I "Yes", answer questions a-g, I "No", move on to Section 6.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may result in development in a designated floodway. Eli ❑ ❑
b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑
c.The proposed action may result in development within a 500 year floodplain. Elk ❑ ❑
d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑
patterns.
e.The proposed action may change flood water flows that contribute to flooding. 132b,E2i, ❑ ❑
E2',E2k
f.If there is a dam located on the site of the proposed action,is the dam in need of repair, E le
❑ ❑
or upgrade?
Page 3 of 10
g.Other impacts:
6. Impacts on Air
The proposed action may include a state regulated air emission source. ❑✓NO []YES
(See Part 1.D.2.f.,D.2.h,D.2.g)
If"Yes", answer questions a-f If"No", move on to Section 7.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.If the proposed action requires federal or state air emission permits,the action may
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑
ii. More than 3.5 tons/year of nitrous,oxide(N2O) D2g ❑ ❑
iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑
❑ ❑
iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g El Elv. More than 1000 tons/year of carbon dioxide equivalent of D2g
hydrochloroflourocarbons(HFCs)emissions
vi.43 tons/year or more of methane D2h ❑ R
b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑
hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous
air pollutants.
c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑
rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat
source capable of producing more than 10 million BTU's per hour.
d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑
above.
e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑
ton of refuse per hour.
f.Other impacts: ❑ ❑
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1.E.2.m.-q.) ONO ❑YES
I "Yes", answer questions a J. I `No", move on to Section 8.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑
threatened or endangered species,as listed by New York State or the Federal
government,that use the site,or are found on,over,or near the site.
b.The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑
any rare,threatened or endangered species,as listed by New York State or the federal
government.
c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑
species of special concern or conservation need,as listed by New York State or the
Federal government,that use the site,or are found on,over,or near the site.
d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑
any species of special concern and conservation need,as listed by New York State or
the Federal government.
Page 4 of 10
e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑
Landmark to support the biological community it was established to protect.
f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑
portion of a designated significant natural community.
Source:
g.The proposed action may substantially interfere with nesting breeding,foraging,or E2m ❑ ❑
over-wintering habitat for the predominant species that occupy or use the project site.
h.The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ❑
grassland or any other regionally or locally important habitat.
Habitat type&information source:
i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑
herbicides or pesticides.
j.Other impacts: ❑ ❑
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) ❑✓NO ❑YES
I "Yes", answer questions a-h. I "No", move on to Section 9.
Relevant No,or , Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b ❑ ❑
NYS Land Classification System.
b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑
(includes cropland,hayfields,pasture,vineyard,orchard,etc).
c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑
active agricultural land.
d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑
uses,either more than 2.5 acres if located in an Agricultural District,or more than 10
acres if not within an Agricultural District.
e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ ❑
management system.
f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑
potential or pressure on farmland. D2c,D2d
g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑
Protection Plan.
h.Other impacts: ❑ ❑
Page 5 of 10
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from,or are in ONO AYES
sharp contrast to,current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E.l.a,E.l.b,E.3.h.)
I "Yes", answer questions a-g. I `No", o to Section 10.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.Proposed action may be visible from any officially designated federal,state,or local E3h ® ❑
scenic or aesthetic resource.
b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ® ❑
screening of one or more officially designated scenic views.
c.The proposed action may be visible from publicly accessible vantage points: E3h
i. Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ® ❑
ii.Year round ® ❑
d.The situation or activity in which viewers are engaged while viewing the proposed E3h
action is:
E2q,
i. Routine travel by residents,including travel to and from work
ii.Recreational or tourism based activities Elc ® ❑
e.The proposed action may cause a diminishment of the public enjoyment and E3h ® ❑
appreciation of the designated aesthetic resource.
f. There are similar projects visible within the following distance of the proposed Dla,Ela, ® ❑
project: Dlf,Dlg
0-1/2 mile
'/2-3 mile
3-5 mile
5+ mile
g.Other impacts: ❑ ❑
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological ❑✓NO ❑YES
resource. (Part 1.E.3.e,f. and g.)
If"Yes", answer questions a-e. If"No",go to Section 11.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may occur wholly or partially within,or substantially contiguous
to,any buildings,archaeological site or district which is listed on the National or E3e ❑ ❑
State Register of Historical Places,or that has been determined by the Commissioner
of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for
listing on the State Register of Historic Places.
b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑
to,an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office(SHPO)archaeological site inventory.
c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑
to,an archaeological site not included on the NY SHPO inventory.
Source:
Page 6 of 10
d.Other impacts: ❑ ❑
If any of the above(a-d)are answered"Moderate to large impact may
C. occur",continue with the following questions to help support conclusions in Part 3:
i. The proposed action may result in the destruction or alteration of all or part De,E3g, ❑ ❑
of the site or property. E3f
ii. The proposed action may result in the alteration of the property's setting or De,E3f,
integrity. E3g,El a,
Elb
iii. The proposed action may result in the introduction of visual elements which De,E3f, ❑ ❑
are out of character with the site or property,or may alter its setting. E3g,E3h,
C2,C3
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a ❑✓ NO YES
reduction of an open space resource as designated in any adopted
municipal open space plan.
(See Part 1. C.2.c,E.l.c.,E.2.q.)
I "Yes", answer questions a-e. I "No", o to Section 12.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑
services",provided by an undeveloped area,including but not limited to stormwater E2h,
storage,nutrient cycling,wildlife habitat. Elm,E2o,
E2n,E2
b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, ❑ ❑
C2c,E2
c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑
with few such resources. Elc,E2q
d.The proposed action may result in loss of an area now used informally by the C2c,Elc ❑ ❑
community as an open space resource.
e. Other impacts: ❑ ❑
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical ❑✓ NO YES
environmental area(CEA). (See Part 1. E.3.d)
1 "Yes", answer questions a-c. 1 "No", o to Section 13.
Relevant No,or Moderate
Part I small to large
' Question(s) impact impact may
may occur occur
a.The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑
characteristic which was the basis for designation of the CEA.
b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑
characteristic which was the basis for designation of the CEA.
c.Other impacts: ❑ ❑
Page 7 of 10
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. �✓ NO YES
(See Part 1. D.2.j)
I "Yes", answer questions a-.f I "No", go to Section 14.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑
b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑
more vehicles.
c.The proposed action will degrade existing transit access. D2j ❑ ❑
d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑
e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑
f. Other impacts: ❑ ❑
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. R NO YES
(See Part 1.D.21)
I "Yes", answer questions a-e. I "No", o to Section 15.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑
b.The proposed action will require the creation or extension of an energy transmission D lf, ❑ ❑
or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k
commercial or industrial use.
c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑
d.The proposed action may involve heating and/or cooling of more than 100,000 square D lg ❑ ❑
feet of building area when completed.
e.Other Impacts:
15. Impact on Noise,Odor, and Light
The proposed action may result in an increase in noise,odors,or outdoor lighting. QNO ❑YES
(See Part 1. D.2.m.,n.,and o.)
I "Yes", answer questions a- . I "No",go to Section 16.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑
regulation.
b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑
hospital,school,licensed day care center,or nursing home.
rc,The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑
Page 8 of 10
d.The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑
e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,E 1 a ❑ ❑
area conditions.
f.Other impacts: ❑ ❑
16. Impact on Human Health
The proposed action may have an impact on human health from exposure Q✓ NO ❑YES
to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f.g. and h.)
I "Yes", answer questions a-m. I "No", o to Section 17.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may cccur occur
a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑
care center,group home,nursing home or retirement community.
b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑
c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑
remediation on,or adjacent to,the site of the proposed action.
d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑
property(e.g.,easement or deed restriction).
e.The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑
to ensure that the site remains protective of the environment and human health.
f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑
generation,treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
g.The proposed action involves construction or modification of a solid waste D2q,E 1 f ❑ ❑
management facility.
h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,E 1 f ❑ ❑
i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑
solid waste.
j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑
a site used for the disposal of solid or hazardous waste. Elh
k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑
site to adjacent off site structures.
1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑
project site. D2r
in.Other impacts:
Page 9 of 10
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. DNO ❑✓ YES
(See Part 1. C.1, C.2. and C.3.)
If"Yes", answer questions a-h. If"No",go to Section 18.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action's land use components may be different from,or in sharp C2,C3,D la 0 ❑
contrast to,current surrounding land use pattern(s). Ela,Elb
b.The proposed action will cause the permanent population of the city,town or village C2 0 ❑
in which the project is located to grow by more than 5%.
c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 0 ❑
d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 0 ❑
plans.
e.The proposed action may cause a change in the density of development that is not C3,D 1 c, 0 ❑
supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf,
D 1 d,Elb
f.The proposed action is located in an area characterized by low density development C4,D2c,D2d 0 ❑
that will require new or expanded public infrastructure. D2j
g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ® ❑
commercial development not included in the proposed action)
h.Other: ❑ ❑
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. []NO �✓YES
(See Part 1. C.2,C.3.,D.2,E.3)
I "Yes", answer questions a-g. I `No",proceed to Part 3.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may replace or eliminate existing facilities,structures,or areas E3e,E3f,E3g 0 ❑
of historic importance to the community.
b.The proposed action may create a demand for additional community services(e.g. C4 0 ❑
schools,police and fire)
c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf 0 ❑
there is a shortage of such housing. Dlg,Ela
d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 0 ❑
or designated public resources.
e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 0 ❑
character.
f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 0 ❑
Ela,Elb
E2 ,E2h
g.Other impacts: ❑ ❑
PRINT FULL FORM Page 10 of 10
Agency Use Only [IfApplicable]
Project:
Date:
Full Environmental Assessment Form
Part 3-Evaluation of the Magnitude and Importance of Project Impacts
and
Determination of Significance
Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question
in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular
element of the proposed action will not,or may,result in a significant adverse environmental impact.
Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess
the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not
have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its
determination of significance.
Reasons Supporting This Determination:
To complete this section:
• Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,
size or extent of an impact.
• Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact
occurring,number of people affected by the impact and any additional environmental consequences if the impact were to
occur.
• The assessment should take into consideration any design element or project changes.
• Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where
there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse
environmental impact.
• Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact
• For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that
no significant adverse environmental impacts will result.
• Attach additional sheets,as needed.
See Attachment
Determination of Significance-Type 1 and Unlisted Actions
SEQR Status: ❑Type 1 FV Unlisted
Identify portions of EAF completed for this Project: ❑✓ Part 1 ❑✓ Part 2 Q✓ Part 3
FEAF 2019
Upon review of the information recorded on this EAT,as noted,plus this additional support information
and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the
Town of Southold as lead agency that:
❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact
statement need not be prepared. Accordingly,this negative declaration is issued.
❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or
substantially mitigated because of the following conditions which will be required by the lead agency:
There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative
declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.7(d)).
❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact
statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those
impacts. Accordingly,this positive declaration is issued.
Name of Action: Town of Southold 2026 Wireless Communication Master Plan and Zoning Amendments
Name of Lead Agency: Town of Southold Town Board
Name of Responsible Officer in Lead Agency: Heather Lanza,AICP
Title of Responsible Officer: Town Planning Director
Signature of Responsible Officer in Lead Agency: Date: 5/29/26
Signature of Preparer(if different from Responsible Officer) Malcolm Simpson,AICP Date: 5/29/26
For Further Information:
Contact Person: Heather Lanza,AICP
Address: 54375 State Route 25 PO Box 1179 Southold NY 11971
Telephone Number:631-765-1938
E-mail:heather)@southoldtownny.gov
For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to:
Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of)
Other involved agencies(if any)
Applicant(if any)
Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html
PRINT FULL FORM Page 2 of 2
State Environmental Quality Review Act
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Date: June 2, 2026
Name of Action:The Adoption of the Southold Town Wireless Master Plan and a Local Law Amending
Chapter 280, Zoning, Article XVII Wireless Communications Facilities, of the Town Code.
Implementing Regulations:This notice is issued pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation
Law.
Determination: The Southold Town Board,as Lead Agency,has determined that the Proposed Action
described below will not have a significant adverse effect on the environment and a Draft Environmental
Impact Statement will not be prepared.
SEQRA Status: An Unlisted Action
Conditioned Negative Declaration: No
Description of Action: The Proposed Action involves the adoption of the Southold Town Wireless
Master Plan and updates to Article XVII Wireless Communication Facilities of the Southold Town Code
to meet current federal regulations and address the wireless service needs of the community
("Proposed Action"). The Master Plan evaluates cell service coverage gaps in the Town of Southold
and proposes new regulations. The proposed regulations identified in the Wireless Master Plan are
reflected in the changes to Article XVII Wireless Communication Facilities to be adopted. The code
amendments to Article XVI I of the Town Code maintain and refine the Town oversight process, identify
priorities for future wireless facility development, and allow for needed flexibility.to incentivize wireless
providers to improve service.
Location: Town of Southold, Suffolk County
Reasons Supporting This Determination: The proposed adoption of the Southold Town Wireless
Master Plan and amendments to the Southold Town Code do not involve any direct physical changes
to the environment. With the exception of increases in permissible height of certain pole types and
designs in specific areas to address the coverage gaps in the Town, the proposed amendments will
not result in any additional environmental impacts than the current regulations.The increases to pole
heights and modifications to setback requirements were considered in the context of service gaps
and the needs and safety of the community. Additionally, changes to pole heights and setback
l
calculations consider pole type and design to mitigate and reduce impacts to scenic and aesthetic
resources. All of the proposed amendments to the Town Code involve a modification of standards
intended to benefit and protect the environment while addressing the coverage needs of the community
rather than to adversely impact the environment.
The Proposed Action is not expected to result in any significant adverse impacts on the environment.
More specifically:
1. The Proposed Action does not directly involve construction on, or physical alteration of, any
properties. Any future development of wireless communication facilities will require their own
environmental quality reviews and will be required to comply with Town regulations with
respect to construction and the physical disturbance of land.
2. The Proposed Action will not have a significant adverse environmental impact with respect
to any unique or unusual landforms. Any future development of wireless communication
facilities will require their own environmental quality reviews and will be required to comply
with Town regulations with respect to disturbance or impacts to unique or unusual landforms.
3. The Proposed Action will not have a significant adverse environmental impact on any
wetlands or other surface water bodies. Any future development of wireless communication
facilities will require their own environmental quality reviews and will be required to comply
with Town regulations with respect to disturbance or impacts to wetlands or surface water
bodies.
4. The Proposed Action will not have a significant adverse environmental impact with respect
to new or additional use of ground water and will not have a significant adverse environmental
impact with respect to the introduction of contaminants to ground water or an aquifer. It is not
expected that any future development of wireless communications facilities will have any
impact on ground water due to new or additional use of that ground water, nor would they
have a significant adverse environmental impact due to the introduction of contaminants to
the ground water or aquifer below. However, any future development -of wireless
communication facilities will require their own environmental quality reviews and will be
required to comply with Town regulations with respect to disturbance or impacts to ground
water.
5. The Proposed Action will not have a significant adverse environmental impact with respect
to the development of lands subject to flooding. Any future development of wireless
communication facilities will require their own environmental quality reviews and will be
required to comply with Town regulations with respect to the development of lands subject
to flooding.
6. The Proposed Action will not have a significant adverse environmental impact on any State
regulated air emission source. It is not expected that any future development of wireless
2
communications facilities will have any significant adverse environmental impact associated
with any State regulated air emission source. However, any future development of wireless
communication facilities will require their own environmental quality reviews and will be
required to comply with Town regulations with respect to State regulated air emission
sources.
7. The Proposed Action will not have a significant adverse environmental impact with respect
to the loss of flora or fauna. Any future development of wireless communication facilities will
require their own environmental quality reviews and will be required to comply with Town
regulations with respect to disturbance or impacts due to land development or disturbance
that results in the loss of flora or fauna.
8. The Proposed Action will not have a significant adverse environmental impact on agricultural
resources. It is not expected that any future development of wireless communications
facilities will have any impact on agricultural resources or the loss of farmland due to the
relatively small land area needed for their development.Additionally,any future development
of wireless communication facilities will require their own environmental quality review to
identify any significant adverse environmental impact on agricultural resources.
9. The Proposed Action will not have a significant adverse environmental impact on any scenic
or aesthetic resources. The code amendments to Article XVII Wireless Communications
Facilities include increases to permitted pole heights and modifications to setback
requirements. However, increases to pole heights and modifications to setback requirements
were considered in the context of service gaps and the needs and safety of the community.
Additionally, changes to pole heights and setback calculations consider pole type and design
to mitigate and reduce impacts to scenic and aesthetic resources. The Southold Town
Wireless Master Plan makes pole location recommendations based on both service gaps
and visual impacts, and the code.amendments to Article XVII Wireless Communications
Facilities establishes a process for pole placement based on location criteria that considers
potential impacts to scenic and aesthetic resources. Future development of wireless
communication facilities will require their own environmental quality review to identify any
significant adverse environmental impact to scenic or aesthetic resources.
10. The Proposed Action will not have a significant adverse environmental impact on any historic
or archaeological resources. The Southold Town Wireless Master Plan makes pole location
recommendations based on both service gaps and impacts to historic resources, and the
code amendments to Article XVII Wireless Communications Facilities establishes a process
for pole placement based on location criteria that considers potential impacts to historic
resources. While the Town may approve a lower-priority site upon a satisfactory showing of
necessity and community benefit, the Town retains the authority to deny an application at
any location if the proposal impacts historic resources,among other factors.Additionally, any
future development of wireless communication facilities will require their own environmental
3
quality review to identify any significant adverse environmental impact on historic or
archaeological resources.
11. The Proposed Action will not have a significant adverse environmental impact with respect
to the loss of recreational opportunities or with respect to a reduction of an open space
resource as designated in any adopted municipal open space plan. It is not expected that
any future development of wireless communications facilities will have any impact on
recreational opportunities or the loss of open space due to the relatively small land area
needed for their development. Additionally, any future development of wireless
communication facilities will require their own environmental quality review to identify any
significant adverse environmental impact on recreational opportunities and open space.
12. The Proposed Action will not have a significant adverse environmental impact on a Critical
Environmental Area (CEA). It is not expected that any future development of wireless
communications facilities will have any impact on Critical Environmental Area due to the
relatively small land area needed for their development. Additionally, any future development
of wireless communication facilities will require their own environmental quality review to
identify any significant adverse environmental impact on Critical Environmental Area.
13. The Proposed Action will not have a significant adverse environmental impact on existing
transportation systems. It is not expected that any future development of wireless
communications facilities will have any impact on transportation systems due to the relatively
small land areas needed for their development. Additionally, any future development of
wireless communication facilities will require their own environmental quality review to
identify any significant adverse environmental impact on transportation systems.
14. The Proposed Action will not have a significant adverse environmental impact as a result of
an increase in the use of any form of energy.Additionally,any future development of wireless
communication facilities will require their own environmental quality review to identify any
significant adverse environmental impact on energy use.
15. The Proposed Action will not have a significant adverse environmental impact as a result of
an increase in noise, odors or outdoor lighting. The Southold Town Wireless Master Plan
makes pole location recommendations based on service gaps, and the code amendments to
Article XVII Wireless Communications Facilities establishes a process for pole placement
based on location criteria that considers potential impacts to potential noise and outdoor
lighting. Future development of wireless communication facilities is not anticipated to have
impacts due to odors. Additionally, any future development of wireless communication
facilities will require their own environmental quality review to identify any significant adverse
environmental impact involving an increase in noise, odors or outdoor lighting.
16. The Proposed Action will not have a significant adverse environmental impact on human
health from exposure to new or existing sources of contaminants. It is not expected that any
4
future development of wireless communications facilities will have any impact on human
health from exposure to new or existing sources of contaminants. However, any future
development of wireless communication facilities will require their own environmental quality
review to identify any significant adverse environmental impacts on human health from
exposure to new or existing sources of contaminants.
17. The Proposed Action will not have a significant adverse environmental impact as a result of
being inconsistent with adopted land use plans. The Action would adopt the Southold Town
Wireless Master Plan and updates to Article XVII Wireless Communication Facilities of the
Southold Town Code.The amendments are the result of analysis on service gaps, community
outreach, and consideration of federal regulations and the Southold Town Code. This process
is detailed in the Southold Town Wireless Master Plan. The changes to Article XVII Wireless
Communication Facilities of the Southold Town Code proposed by the Southold Town Wireless
Master Plan and adopted as a part of the Proposed Action are meant to address community
wireless service needs while retaining the Town's authority to deny an application at any
location if the proposal conflicts with public safety or building codes of the Town of Southold,
adversely affects historic resources or neighborhood character, is inconsistent with the intent
of the zoning regulations,creates unacceptable risks within the public right-of-way,or otherwise
fails to comply with applicable Town standards and regulations.
18. The Proposed Action will not have a significant adverse environmental impact as a result of
being inconsistent with the existing community character. The Southold Town Wireless
Master Plan makes pole location recommendations based on both service gaps and impacts
to community character, and the code amendments to Article XVII Wireless Communications
Facilities establishes a process for pole placement based on location criteria that considers
potential impacts to community character. While the Town may approve a lower-priority site
upon a satisfactory showing of necessity and community benefit, the Town retains the
authority to deny an application at any location if the proposal impacts community character,
among other factors. Future development of wireless communication facilities will require
their own environmental quality reviews and will be required to demonstrate themselves not
to have a significant adverse environmental impact on historic or community character.
20. The Proposed Action will not have a significant adverse environmental impact on the supply
of housing in the Town. The code amendments to Article XVII Wireless Communications
Facilities are meant to address the existing service gaps and community needs of the existing
community. The Action is not anticipated to have a significant adverse impact on the supply
of housing in the Town.
Conclusion: Based upon this information and the information in the Full Environmental Assessment
Form, the Town Board finds that the adoption of the Southold Town Wireless Master Plan and code
amendments to Article XVII Wireless Communications Facilities will not have any significant adverse
impacts upon the environment. This Negative Declaration indicates that no environmental impact
statement need be prepared and that the SEQRA process is complete.
5
Lead Agency: Town of Southold Town Board
Southold Town Hall
53095 Route 25
Southold, New York 11971
Contact Person: Heather Lanza, AICP
Town Planning Director
Southold Town Hall
53095 Route 25
Southold, New York 11971
(631)765-1938
Filing:
This Negative Declaration shall be filed with the Supervisor of the Town of Southold and with the Town
of Southold Town Clerk.
6
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�'`�' Babylon,NY 11702
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Town Hall, 03095 M
DENIS NONOAR ,OW
TOWN CLERK o �� "�= a P.O.Box 1179
eft , s Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631) 765-6145
MARRIAGE OFFICER ��`�_`�°' Telephone(631) 765-1800
RECORDS MANAGEMENT OFFICER e www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
O FIFEC E OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 21, 2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below at 6:00 pm, at the Peconic Community Center, 1170 Peconic Lane,
Peconic, New York
June 2 Wireless Communications Master Plans
June 16 Local Law—Chapter 280 —Wireless Communications Facilities
Certified resolutions are attached. To view either in their entirety, please see the town website:
southoldtownny.gov
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: 0 n of Riverhead Town of Shelter Island
T n of Southampton Southold Building Dept
S ut d Planning Dept Southold Trustees
0 o d•Assessors. Southold ZBA
i11 of Greenport
nature Received by Date
Please print name Title
Noncarrow, Denis
From: Malvone,Victoria <Victoria.Malvone@suffolkcountyny.gov>
Sent: Tuesday, May 26, 2026 3:05 PM
To: Noncarrow, Denis
Subject: RE: Public Hearings Notice
Good afternoon,
Please consider this confirmation of receipt regarding the Public Hearings Notice for "Wireless
Communications Master Plans" and "Local Law— Chapter 280 —Wireless Communications
Facilities".
Thank you.
Victoria -"MaCvone `
Office Assistant
Suffolk County Economic
Development&Planning
Division of Planning& � 'S�� a4(•
•',s l °rc
Environment
631-853-5126 �rtti,9 Qy
H.Lee Dennison Building
100 Veterans Memorial Hwy
Hauppauge,NY 11788 /`�� a�
i
ea
DENIS NONCARROW t Town Hall,53095 Main Road
;L'� .
TOWN CLERK P.O.Box 1179
r* zt Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER �� -- ��' Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 21, 2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below at 6:00 pm, at the Peconic Community Center, 1170 Peconic Lane,
Peconic,New York
June 2 Wireless Communications Master Plans
June 16 Local Law—Chapter 280—Wireless Communications Facilities
Certified resolutions are attached. To view either in their entirety,please see the town website:
southoldtownny.gov
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
V AL T z� I �
Signature, Received by Date
WILLIaM FLInIiF./z- SSE550,2 CfI�RC/Z
Please print name Title
DENIS N®NCAIiROW 'Ibwn Hall,53095 Main Road
TOWN CLERK � P.O.Box 1179
va 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
May 21,2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below at 6:00 pm, at the Peconic Community Center, 1170 Peconic Lane,
Peconic,New York
June 2 Wireless Communications Master Plans
June 16 Local Law—Chapter 280—Wireless Communications Facilities
Certified resolutions are attached. To view either in their entirety, please see the town website:
southoldtownny.gov
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
Signature, Receive b Date
Please print nam6 Title
AFFotI-�o
DENIS NONCARROW h� Gy Town Hall,53095 Main Road
TOWN CLERK p P.O.Box 1179
y = Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p .F Fax(631)765-6145
MARRIAGE OFFICER 'y
RECORDS MANAGEMENT OFFICER �o,( .��� Telephone oldt -nny.gov
FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 21, 2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below at 6:00 pm, at the Peconic Community Center, 1170 Peconic Lane,
Peconic,New York
June 2 Wireless Communications Master Plans
June 16 Local Law—Chapter 280—Wireless Communications Facilities
Certified resolutions are attached. To view either in their entirety,please see the town website:
southoldtownny.gov
Please sign this letter and return to me at your earliest convenience. Thank you.
�L ��
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
Signature, Received by Date
Please print name Title
DENIS NONCARROW Town Hall,53095 Main Road
TOWN CLERK ® ` P.O.Box 1179
Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS �a 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
May 21, 2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below at 6:00 pm, at the Peconic Community Center, 1170 Peconic Lane,
Peconic,New York
June 2 Wireless Communications Master Plans
June 16 Local Law—Chapter 280—Wireless Communications Facilities
Certified resolutions are attached. To view either in their entirety,please see the town website:
southoldtownny.gov
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of+Green ort
Signature, ReceiveW Date
Please print name Title
Town Hall,53095 Main Road
DENIS NONCARROW
TOWN CLERK p P.O.Box 1179
en . Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS
Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®.{', ?, wvrw.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 21, 2026
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below at 6:00 pm, at the Peconic Community Center, 1170 Peconic Lane,
Peconic,New York
June 2 Wireless Communications Master Plans
June 16 Local Law—Chapter 280—Wireless Communications Facilities
Certified resolutions are attached. To view either in their entirety,please see the town website:
southoldtownny.gov
Please sign this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
I
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead
Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village.of. enport
' Sign a Receieed'liy, Date
l� o
Please print Title
name
1
x
r
f
4
I
Rudder, Lynda
From: Rudder, Lynda
Sent: Thursday, May 21, 2026 2:22 PM
To: Bunch, Connie; Candice Hall; Cantrell, Elizabeth; Flinter,William; Fuentes, Kim; Lanza,
Heather; Michaelis, Jessica; Noncarrow, Denis; Norklun, Stacey; Nunemaker,Amanda;
Riverhead Town Clerk; Sepenoski,John; Shelter Island Clerk; Southampton Town clerk
(TownClerk@southamptontownny.gov);Verity, Mike;Weisman, Leslie
Subject: Public Hearings
Attachments: nta_20260521121325.pdf
Importance: High
J�fda # enao
Lynda M Rudder
Deputy Town Clerk
Deputy Registrar
Principal Account Clerk
Southold Town Clerks Office
PO Box 1179
53095 Main Road
Southold, NY 11971
lynda.rudder@town.southold.ny.us
(631)765-1800
i
i
L
DENIS NONCARROW �� ®��
Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®� �►� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 21, 2026
RE: Resolution Number 2026-439
Local Law in relation to Wireless
Communication Facilities
James H. Rich, III, Chairman
Southold Town Planning Board
54375 Main Road
PO Box 1179
Southold,NY 11971
Dear Mr. Rich, III:
The Southold Town Board, at their regular Town Board meeting held on May 5, 2026, 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 your earliest convenience. This
proposed Local Law is also being sent to the Suffolk County Department of Planning for their
review. The date and time for this public hearing is June 16, 2026 at 6:00 pm.
The entire Wireless Plan is available on the town website: southoldtownny.gov
Please do not hesitate to contact me if you have any questions.
Sincerely,
Lyncva M Rudder
Deputy Town Clerk
Eric
Cc: Town Board
Town Attorney
s
Rudder, Lynda
From: Rudder, Lynda
Sent: Thursday, May 21, 2026 12:58 PM
To: Michaelis, Jessica; Lanza, Heather (heather.lanza@town.southold.ny.us); 'James H Rich'
Subject: Recommendations Required
Attachments: plan 439_20260521115153.pdf; plan 438_20260521115123.pdf
Importance: High
j�f(a /lA7
Lynda M Rudder
Deputy Town Clerk
Deputy Registrar
Principal Account Clerk
Southold Town Clerks Office
PO Box 1179
53095 Main Road
Southold,NY 11971
lynda.rudder@town.southold.ny.us
(631)765-1800
i
OFFICE LOCATION: so MAILING ADDRESS:
Town Hall Annex ,`O lO P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) y Telephone: 631 765-1938
Southold, NY 11971 G • Q
�OIyC�U1V 1,e���
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To: Town of Southold Town Board
Dennis Noncarrow, Town Clerk
Cc: Benjamin Johnson, Town Attorney SUN — 3 203
From: Heather Lanza, AICP, Planning Director
LWRP Coordinator
Date: June 3, 2026
Re: LWRP Coastal Consistency Review
Resolution Number 2026-439: "A Local Law in relation to an Amendment to
Chapter 280 —Wireless Communications Facilities"
The proposed action to amend Chapter §280 to update the regulations for Wireless
Communication Facilities 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 on the LWRP Consistency Assessment Form
submitted to this department, as well as the records available to me, it is my
recommendation that the proposed action is CONSISTENT with the policies of the
LWRP as follows:
Policy 1: Foster a pattern of development in the Town of Southold that enhances
community character, preserves open space, makes efficient use of infrastructure,
makes beneficial use of a coastal location, and minimizes adverse effects of
development.
The proposed action provides the regulation of wireless facilities in the Town of
Southold to be consistent with the goals of the Southold Town Comprehensive Plan as
written in the newly adopted Wireless Communication Master Plan. These regulations
were created to permit wireless service providers to meet the community's need for
consistent and dependable coverage while minimizing development impacts and
preserving community character.
The proposed action has been reviewed-to Chapter §268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy
2
DENTS NONOARROW ®�
Town Hall, 53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER �m ® ®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 21, 2026
Re: Resolution 2026-439 "A Local Law
in relation to an Amendment to
Chapter 280, Wireless
Communications Facilities"
LWRP Coordinator
Southold Town Planning Department
54375 State Route 25
P O Box 1179
Southold,New York 11971
Dear LWRP Coordinator:
The Southold Town Board at their regular meeting held on May 5, 2026 adopted the resolution
referenced above. A certified copy is enclosed.
Please prepare an official LWRP and SEQRA report with regard to the 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 and to the Suffolk County Planning Department for their review.
The date and time for this public hearing is 6:00 P.M., Tuesday, June 16, 2026 respectfully.
Entire proposed Local Law is available on the town website: southoldtownny.gov
Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
Rudder, Lynda
From: Rudder, Lynda
Sent: Thursday, May 21, 2026 12:59 PM
To: Michaelis,Jessica; Lanza, Heather(heather.lanza@town.southold.ny.us)
Subject: LWRP Recommendations Required
Attachments: Iwrp 439_20260521115043.pdf; Iwrp 438_20260521114957.pdf
Importance: High
Lynda M Rudder
Deputy Town Clerk
Deputy Registrar
Principal Account Clerk
Southold Town Clerks Office
PO Box 1179
53095 Main Road
Southold,NY 11971
lynda.rudder@town.southold.ny.us
(631)765-1800
i
COUNTY OF SUFFOLK
RECEIVED
`. MAY 21 2026
EDWARD P.ROMAINE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNINPoiuthold Town Clerk
SARAH LANSDALE
MAUREEN GETCHELL COMMISSIONER RORY WHELAN
CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER
May 21, 2026
Town of Southold
53095 Main Road
P.O. Box 1179
Southold,New York 11971
Attn: Heather Lanza, Director of Planning
Applicant: Town of Southold
Zoning Action: Local Law Chapter 280
Wireless Communication Facilities
S.C.P.D. File No.: SD-26-LD
Dear Ms. Lanza:
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.
NOTE: Does not constitute acceptance of any zoning action(s) associated therewith before any
other local regulatory board.
Very truly yours,
By Victoria Malvone
Joseph E. Sanzano, Planning Director
Division of Planning and Environment
JES/vm
H.LEE DENNISON BLDG I.100 VETERANS MEMORIAL HWY,2 FL■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 0 (631)863-4800
Appendix A - County Referral Form
Appendix A—Suffolk County Planning Commission Guidebook
CountySuffolk Planning m m i
Submission Cover Form for Planning and Zoning Referrals
Municipality: Town of Southold
Hamlet: Local Case Number: 2026-439
District: Section: Block: Lot: Local Meeting Date: June 16, 2026
Referral Name: LL Chapter 280 -Wireless Communication Facilities Public Hearing: Yes❑ No
Referring Agency: Type of Referral:
Planning Board or Commission Lr_kML239/A14-14 S.C.P.C. Regulatory Review
❑ Zoning Board of Appeals nMA Review- Request for Informal Input
Town Board/Village Board of Trustees Attached Units Projects (Apartments)
SEQRA Action:
FEAF Coordination DDraft Scope F
Draft EIS Final EIS Eyindings
Project Narrative - Brief description of application:
Local Law in relation to an Amendment to Chapter 280 - Wireless Communication Facilities
Full Statement of Facts Includes:
County Referral Form (Appendix A)
Public Notice (if applicable)
Local application form
Completed Environmental Assessment Form along with other materials associated with the
environmental review process - Including Draft EIS, Final EIS
Local Planning Board, Zoning Board, Agency or Department report
Project sponsor, applicant's or owner's name and mailing address
For Subdivision Referrals must also include:
Map name. The map shall clearly state the name of the subdivision and that the map is a preliminary or final
map. Any map containing the words "sketch plan" will not be accepted. Duplicate subdivision names within
a town or village will not be accepted. Condominium plans shall clearly indicate that the project is proposing
a condominium form of ownership.
Type of Action:
Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone, within one mile of a
nuclear power plant or airport or within 500 feet of.
• A municipal boundary,
The boundary of any existing or proposed county, state, or federal park or other recreation area,
The right-of-way of any existing or proposed county or state road,
An existing or proposed county drainage channel line,
The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of
water,
The boundary of county, state, or federally owned land held or to be held for governmental use,
The boundary of a farm located in an agricultural district.
Please Check all that Applies:
Comprehensive Plan (Adoption or Amendment) ❑Subdivision ❑SEQRA Only
❑Zoning Ordinance or Map (Adoption or Amendment) Use Variance ❑Moratorium
❑Special Use Permit/Exception/Conditional Use Area Variance ❑Site Plan
❑Code Amendment fficial Map
Note: The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission.The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements.
Additional Application Information:
Action Previously Referred to Suffolk County Planning Commission ❑ No 3es(If
es(If Yes Date )
Adjacent Municipality Notified (see NYS GM 39nn) No Yes Date )
Contact Information
Municipality Contact-Name: Heather Lanza
Department/Agency: Planning Department
Phone Number: (631)765-1938 Email Address: heather)@southoldtownny.gov
Applicant Contact Name: Heather Lanza
Applicant Address: Po Box 1179,54375 Main Road,Southold,NY 11971
Please upload Referrals with a Completed Appendix A and all supporting
documents within one PDF
Upload files to Planning.
Successfully uploaded fifes"
LL wifeless communicatio facilities_20260513113004.pdf, o
+ Upload
r
Tbe6uffolk Timm.
SUFFOLK COUNTY
ON
AFFIDAVIT OF PUBLICATION NDTICEOFHEARINLAW
PROPOSED LOCAL LAW
TICE
The Suffolk Times NOTICE OF PUBLEGAL LIC HEARING
PO Box 1500, Mattituck, NY 11952
(518) 730-4551 has been
presented l l to the Townere
Board of the Town of Southold,
State of Florida, County of Broward, ss: Suffolk County,New York,on the 5
th day of May,2026,a Local Law
entitled"A_Local.La,w-in_relatio,n_
I, Anjana Bhadoriya, of lawful age, being duly sworn upon oath to an Amendment to Chapter
depose and say that I am an agent of Column Software, PBC, 28Q Wireless_G_orrlmunicatip.ns_
duly appointed and authorized agent of the Publisher of The Facilities"_,and
Suffolk Times, a Weekly newspaper of general circulation, NOTICE IS HEREBY FURTHER
printed and published in Mattituck, Suffolk Count New York, GIVEN f Sothat theold Town Board p the
P P Y, Ton of Southold will hold a public
designated by the County Clerk of Suffolk County as a hearing on the aforesaid Local Law
newspaper of record;that the publication, a co of which is at the Peconic Community Center,
P PY 1170 Peconic Lane,Peconic,New
attached hereto, was published in the said newspaper on the York,on the 16 th day of June,
following dates. 2026 at 6:00 p.m.at which time all
Interested persons will be given an
Publication Dates: opportunity to be heard.
• May 21, 2026 The proposed Local Law entitled,
_'A local Law_l.n._r_elation_to_co..
Notice ID: EZ4A6ild45VICRAy6OdM Amendme.nt_to_Ghapter.280_
Wireless Communications
Notice Name: ILL Wireless Comm Facilities Facilities,"_.which�reads as
follows:
Publication Fee: $80.67 LoGAL_LAWNo.2.00
ARTICLE XVII
Wireless Communication
Facilities
Agent BE IT ENACTED by the Town
Board of the Town of Southold as
VERIFICATION follows:
Chapter 280,Article XVII is hereby
State Of Florida repealed in Its entirety.
A new Chapter 280,Article XVII
County of Broward Wireless Communication Facilities
is hereby adopted as follows:
Signed or attested before me on this:
§280&7.Purpose.,
It.Lsjh.ete xpxess.pu his-
marticle theual
and envjronmentaltnpats of_
wirelese cQmmunicattonJacilitiea
Notary Public while protecting the health,
safety and welfar_e.of_Southold's
citizens lt_re_cognizes.th...e_
crucial role of reliable wireless
co_v..erage-.f_arwark,mpubl..ic sa_fety,.
edu.cation.sbciaLcQnnectio.nand
recreation and allows wireless
se.r_yLce.,Artzv.i.ders.,to�n.eet their
te.chnologicai_and_sery ice_
obiectives.In addition,the
r_sgulatort.of_wjxetess_tacilties,.
including the ty.pe_of tructure,_
Is intended to protect the
sc.Qnjc and._aesthetic_au.alitles_
of_the_Town_af_S.o.uth.o.ld-while_
meetinn the community's need
f_or_conststetlt.a.rtd._dependab_le_
coverage.This_article-alLQws_
wireless communication-facilities
7t cer_tain_preferrcd_IQcations_
to_.Iao-,revl.e.vtied_an,d.apprwedln_
kee in wit the Town's existing
zoning and_hietor c-develop_me.nt_
patte.rns..Including_the..size..and_
spacing of structures.
LL Wireless Comm Facilities I Page 1 of 2
ae r
A complete copy of this proposed
Local Law is available on the town
website:www.southoldtownny.
gov or at the Town Clerk's Office
during normal business hours.
DATED:MAY 5,2026
BY ORDER OF THE TOWN
BOARD
DENIS NONCARROW
SOUTHOLD TOWN CLERIC
LL Wireless Comm Facilities Page 2 of 2
��je�uffoY��trrYe�.
NTERIM AD DRAFT
This is the proof of your ad scheduled to run in The Suffolk Times on the dates indicated below. If
changes are needed, please contact us prior to deadline at (518) 730-4551.
Notice ID: EZ4A6i1d45VICRAy6OdM I Proof Updated: May.13,2026 at 10:51am EDT
Notice Name: LL Wireless Comm Facilities
_ See Proof on Next Page
This is not an invoice.Below is an estimated price,and it is
subject to change.You will receive an invoice with the final
price upon invoice creation by the publisher.
FILER FILING FOR
Lynda Rudder The Suffolk Times
lnda.rudderQ town.southold.ny.us
Columns Wide: 1 Ad Class: Legals
05/21/2026: 1.Public Notice-With 55.67
Affidavit
Affidavit Fee 25.00
Subtotal $80.67
Tax% 0
Processing Fee $0.00
Total $80.67
LL Wireless Comm Facilities- Page 1 of 2
SUFFOLK COUNTY
NOTICE OF HEARING ON A complete copy of this proposed
PROPOSED LOCAL LAW Local Law Is available on the town
website:www.southoldtownny.
LEGAL NOTICE gov or at the Town Clerk's Office
NOTICE OF PUBLIC HEARING during normal business hours.
NOTICE IS HEREBY GIVEN,there DATED:MAY 5,2026
has been presented to the Town
Board of the Town of Southold, BY ORDER OF THE TOWN
Suffolk County,New York,on the 5 BOARD
th day of May,2026,a Local Law DENIS NONCARROW
entitled M,L,ocaMaw_n_relation_ SOUTHOLD TOWN CLERK
to an AmendmQj1t to Chanter
26owW irele.ss_G om.mun.icatiorts_
Facilities_.and
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at the Peconic Community Center,
1170 Peconic Lane,Peconic,New
York,on the 16 th day of June,
2026 at 6:00 p.m.at which time all
Interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A...Local.Law.in..relatlon,to a�L.
Amendmentto_Chapter260.
lN1�eLe;is_S�om.muni�ti�or
Facilities;_which reads as
follows:
LOCAL LAW__N0_202$
ARTICLE XVII
Wireless Communication
Facilities
BE IT ENACTED by the Town
Board of the Town of Southold as
follows:
Chapter 280,Article XVII 19 hereby
repealed in its entirety.
A new Chapter 260,Article XVII
Wireless Communication Facilities
is hereby adopted as follows:
§28.0 67.._Purpose....
Itis_the_ %'ss_purposeaf-this-
article to minimize the visual
and esVlronmel_ttal_mpa�ts of_
yyireiess_eommunicatio_afaciliti.es
while protecting the health,
safety_and weif2.r_e.oLSaut6.old's_
citizens,_It..recognixestpe
gLiLq al role of reliable wireless
c.crvarage..Io,,r worX,.R.u4lic.safetx,.
education,asiciaLconnkc3ion-and.
recreation.- allows wireless
se.mice....provi..d.ers..to..m t..the.
technological_and_servi.ce_
o_bi_ectives.In addition,the
regulation-of Wre.less. aol fles—
including the_type_of..structure,.
is intended to protect the
soen.ic.andaesthetc_qualities.
oft"-Town_oLSouth.oid-w-hile_
meeting the community's need
for.cortsiste.nt_and_depend.able
coverage..This_acticle allews_
wireless communication facilities
in Ce.r_t..a...n,prafe�d_locati_QnS_
to_be..reviewedand appr_ovecEin-
keeping with the Town's existing
z.onins..artd_hlstot.ic_dey.elcp eitt.
patte.r.,ns...including the size_and_
ap.2Ciow"LtiGitlAl M
ILL Wireless Comm Facilities- Page 2 of 2
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn,
says that on the 13th day of May,2026, a notice of which the annexed printed notice is a
true copy was affixed, 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 and the Southold Town website,
www.southoldtownny.gov.
PH 6/16/26 6:00 pm—Local Law—Chapter 280 Wireless Communications Facilities
Denis Noncarrow
Southold Town Clerk
Sworn before me this 13th day
of May, 2026.
1.
Notary Public
LYNDA M. RUDDER
Notary Public, State of New York
No. 01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,20.22
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 51h day of May, 2026, a Local Law entitled "A Local Law in relation to an
Amendment to Chapter 280- Wireless Communications 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 Peconic Community Center, 1170 Peconic Lane, Peconic,New York,
on the 16th day of June, 2026 at 6:00 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 an Amendment to Chapter 280 Wireless
Communications Facilities," which reads as follows:
LOCAL LAW NO. 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280, Article XVII is hereby repealed in its entirety.
A new Chapter 280, Article XVII Wireless Communication Facilities is hereby adopted as follows:
280-67. Purpose.
It is the express purpose of this article to minimize the visual and environmental mpacts of wireless
communication facilities while protecting the health, safety and welfare of Southold's citizens. It
recognizes the crucial role of reliable wireless coverage for work, public safety, education, social
connection and recreation,and allows wireless service providers to meet their technological and service
obiectives In addition,the regulation of wireless facilities, including the type of structure, is intended
to protect the scenic and aesthetic qualities of the Town of Southold while meeting the community's
need for consistent and dependable coverage. This article allows wireless communication facilities in
certain preferred locations to be reviewed and approved in keeping with the Town's existing zoning
and historic development patterns, including the size and spacing of structures.
A complete copy of this proposed Local Law is available on the town website: www.southoldtownny.gov or at
the Town Clerk's Office during normal business hours.
DATED: MAY 5, 2026
BY ORDER OF THE TOWN BOARD
DENIS NONCARROW
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 51h day of May, 2026, a Local Law entitled "A
Local Law in relation to an Amendment to Chapter 280-Wireless Communications
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 Peconic Community Center, 1170
Peconic Lane, Peconic, New York, on the 16th day of June,2026 at 6:00 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 an Amendment to Chapter 280
Wireless Communications Facilities," which reads as follows:
LOCAL LAW NO. 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280, Article XVII is hereby repealed in its entirety.
A new Chapter 280, Article XVII Wireless Communication Facilities is hereby adopted as
follows:
§ 280-67. Purpose.
It is the express purpose of this article to minimize the visual and environmental mpacts
of wireless communication facilities while protecting the health, safety and welfare of
Southold's citizens It recognizes the crucial role of reliable wireless coverage for work,
public safety, education, social connection and recreation, and allows wireless service
providers to meet their technological and service objectives. In addition, the regulation
of wireless facilities, including the type of structure, is intended to protect the scenic and
aesthetic qualities of the Town of Southold while meeting the community's need for
consistent and dependable coverage. This article allows wireless communication
facilities in certain preferred locations to be reviewed and approved in keeping with the
Town's existing zoning and historic development patterns, including the size and
spacing of structures.
� 280-68. Scope.
The regulations of this article shall govern and control the erection, enlargement,
expansion, alteration, operation, maintenance, relocation and removal of all wireless
communication facilities The regulations of this article relate to the location and design
of these facilities and shall be in addition to the provisions of the Southold Building and
Zoning Codes and any other federal, state or local laws or Federal Communication
Commission (FCC), Federal Aviation Administration (FAA) or other regulations
pertaining to such facilities Nothing herein shall be construed to, apply to, prohibit,
regulate or otherwise affect the erection, maintenance or utilization of antennas or
support structures by those licensed by the Federal Communications Commission
pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur
radio stations or satellite antennas that are used for individual business or residential
voice, data, or video communications.
& 280-69. Definitions.
As used in this article, the following terms shall have the meanings set forth below:
ANTENNA- An apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to the Federal
Communications Commission (FCC) authorization, for the provision of personal
wireless service and any commingled information services. For purposes of this
definition, the term antenna does not include an unintentional radiator, mobile station
or device authorized under Part 15 of Chapter 1,Title 47 of the Code of Federal
Regulations.
ANTENNA EQUIPMENT - Equipment, switches,wiring, cabling, power sources,
shelters or cabinets associated with an antenna located at the same fixed location as the
antenna and when collocated on a structure mounted or installed at the same time as
such antenna.
ANTENNA SUPPORT STRUCTURE - See definition of"Tower".
APPLICANT (Personal wireless service facility) - A person or entity that submits a
siting application and the agents, employees and contractors of such person or entity.
APPLICATION (Personal wireless service facility) -A written submission to the Town
requesting authorization for the deployment of a personal wireless service facility at a
specified location.
BASE STATION -A structure or equipment at a fixed location that enables
Commission licensed or authorized wireless communications between user equipment
and a communications network The term does not include any structure that at the
time the relevant application is filed with the State or local government under this
section, does not support or house equipment described in (1) and (2) below. The term
does not encompass a tower as defined herein or any equipment associated with a
tower. "Base Station" includes, but is not limited to:
in Equipment associated with wireless communications services such as
private, broadcast and public safety services, as well as unlicensed
wireless services and fixed wireless services, such as a microwave
backhaul; and Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies and comparable equipment,
regardless of technological configuration (including Distributed Antenna
Systems and small-cell networks) ; and
Any structure other than a tower that, at the time the relevant application
is filed with the State or local government, supports or houses equipment
described in 4 280-69 that has been reviewed and approved under the
applicable zoning or siting process, or under another State or local
regulatory process, even if the structure was not built for the sole or
primary purpose of providing such support. Examples include antenna
and related equipment mounted on a rooftop,water tank, silo or other
above-ground structure other than a tower.
COLLOCATION (on an eligible support structure) - Mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting
and/or receiving radio frequency signals for communications purposes.
COLLOCATION (on a base station with no existing personal wireless facility
equipment) - Mounting or installing transmission equipment on a pre-existing
structure; and/or modifying a structure for the purpose of mounting or installing an
antenna on that structure.
CONCEALMENT (Personal wireless service facility) -A tower, base station or utility
pole that is not readily identifiable as a wireless communication facility and that is
designed to be aesthetically compatible with existing and proposed building(s) and uses
on a site or in the neighborhood or area Some of the types of concealment include but
are not limited to faux dormers, faux facades, parapets, steeples, faux chimneys and
unipoles/monopoles with canisters, monopines characteristic of the area and other
similar type facilities.
DEPLOYMENT-The placement, construction or modification of a personal wireless
service facility.
ELIGIBLE FACILITIES REQUEST -Any request for modification of an existing
tower or base station that does not substantially change the physical dimensions of such
tower or base station, involving:
(1) Collocation of new transmission equipment; or
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE -Any tower or base station as defined in &280-69,
provided that it is existing at the time the relevant application is filed with the State or
local government.
EQUIPMENT SHELTER OR EQUIPMENT CABINET -An enclosed structure or
equipment cabinet associated with the antenna mount on a tower or base station for a
PWSF facility.
EXISTING (Personal wireless service facility) - A constructed tower or base station is
existing for purposes of this definition if it has been reviewed and approved under the
applicable zoning or siting process, or under another State or local regulatory review
process where the tower was not in a zoned area when it was built, but was lawfully
constructed.
FACILITY- See Personal wireless service facility.
FALL ZONE - The area on the ground within a prescribed radius from the base of a
wireless communications facility. The fall zone is the area within which there might be a
potential hazard from falling debris or collapsing material, including the antenna
support structure.
GEOGRAPHIC SEARCH RING - An area designated by a wireless provider or
operator for a new base station, produced in accordance with generally accepted
principles of wireless engineering.
GUYED ANTENNA SUPPORT STRUCTURE -An antenna support structure that is
supported, in whole or in part, by guy wires and ground anchors.
HEIGHT -When referring to a tower or base station, the height is the distance from
the top of the structure at its highest point, including antennas, lightning protection
devices or any other apparatus attached to the top of the antenna support structure, to
the base of the structure, measured in feet above ground level (AGL). Absolute height is
the distance from the top of the structure, including all attachments, to the height of
mean sea level (MSL).
LATTICE ANTENNA SUPPORT STRUCTURE -An antenna support structure that
has open-framed supports on three or four sides and is constructed without guy wires
and ground anchors.
MACRO WIRELESS FACILITY- Antenna, support structures or base stations which
are larger than the parameters set for small wireless facilities defined in the Definitions.
MODIFICATION - The addition, removal, or change of any of the physical and visually
discernible components or aspects of a wireless facility, such as antennas, cabling,
radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or
materials of any visually discernible components,vehicular access, parking and/or an
upgrade or replacement of the equipment Adding a new wireless carrier or service
provider (collocation) to a wireless communications tower or site is a modification.
Modifications also include• extending the height of the antenna support structure above
its current height, changing the footprint of the structure, expansion of the base station
equipment or compound area, addition of antennas to an existing carrier's antenna
array, re orientation or relocation of existing antennas, changes affecting the operating
frequencies, effective radiated power or number of operating channels. A modification
shall not include ordinary maintenance, as defined herein.
MONOPOLE A freestanding antenna support structure consisting of a single pole,
without guy wires or ground anchors.
MOUNT The structure or surface upon which antennas are mounted and/or the
location of the antenna, e.g.:
(1) ROOF-MOUNTED -Mounted on the roof of a building.
(2) SIDE-MOUNTED -Mounted on the side of a building.
(3) STRUCTURE-MOUNTED -Mounted on a structure other than a building.
(4) FLUSH-MOUNTED - Mounted very close on a building or structure so
that the profile of the antenna(s) is not readily apparent.
(5) INTERIOR-MOUNTED-Mounted within a building or other structure so
that the antennas are not visible from the outside.
(6) GROUND-MOUNTED -Mounted on the around.
ORDINARY MAINTENANCE -Work done to an existing wireless telecommunications
facility and antenna support structure for the purpose of maintaining them in good
operating condition. Ordinary maintenance includes inspections and testing to maintain
functionality, aesthetic and structural integrity, and involves the normal repair of a
wireless facility including the like-for-like replacement of damaged or defective
components without otherwise adding, removing, or substantially changing anything
and therefore does not include modifications.
PERSONAL WIRELESS SERVICE FACILITY (PWSF) -An antenna facility or a
structure that is used for the provision of personal wireless service,whether such
service is provided on a stand-alone basis or commingled with other wireless
communication services.
RADIO FREQUENCY (RF) EMISSIONS OR RADIATION- The electromagnetic field
of radiation emitted by wireless antennas.
RADIO FREQUENCY (RF) PROFESSIONAL-A person who specializes in the study
of radio frequency engineering and has expertise in radio communication facilities.
RADIO FREQUENCY (RF) SIGNAL -The actual beam or radio waves sent and
received by a wireless facility. A signal is the deliberate product of a wireless antenna.
The RF radiation is the by-product.
SITE- (Personal wireless service facility) -For a tower other than a tower in the public
right-of--way,the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to the site, and, for other
eligible support structures,further restricted to that area in proximity to the structure
and to other transmission equipment already deployed on the ground. The current
boundaries of a site are the boundaries that existed as of the date that the original
support structure or a modification to that structure was last reviewed and approved by
a State of local government,if the approval of the modification occurred prior to the
Spectrum Act of 2012 or otherwise outside the section 6409(a) process.
SITING APPLICATION- See"Application (Personal Wireless Service Facility)"
SMALL WIRELESS FACILITY-Facilities that meet each of the following conditions:
(1) The facilities:
(a) Are mounted on structures fifty feet(50') or less in height, including
their antennas; or
(b) Are mounted on structures no more than ten percent(10%) taller
than other adiacent structures; or
(c) Do not extend existing structures on which they are located to a height
of more than fifty feet (50') or by more than ten percent (10%),
(whichever is,greater);
(2) Each antenna associated with the deployment, excluding'associated antenna
equipment is no more than three (3) cubic feet in volume; and
(3) All other wireless equipment associated with the structure, including the
wireless equipment associated with the antenna and any pre-existing
associated equipment on the structure, is no more than twenty-eight (28)
cubic feet in volume; and
(4) The facilities do not require antenna structure registration by the FCC; and
(5) The facilities are not located on Tribal lands; and
(6) The facilities do not result in human exposure to radiofreguency radiation in
excess of the applicable safety standards specified in Code of Federal
Regulations 1.1307(b).
STRUCTURE (Personal wireless service facility) - A pole,tower, base station or other
building,whether or not it has an existing antenna facility, that is used or to be used for the
provision of personal wireless service (whether on its own or commingled with other types
of services).
SUBSTANTIAL CHANGE (Personal wireless service facility) -A modification
substantially changes the physical dimensions of an eligible support structure if it meets
any of the following criteria:
(1) For towers other than towers in the public rights-of-way, it increases the
height of the tower by more than ten percent(10%) or by the height of one
(1) additional antenna array with separation from the nearest existing
antenna not to exceed twenty (20) feet,whichever is greater; for other eligible
support structures it increases the height of the structure by more than ten
percent (10%) or more than ten feet (101),whichever is greater.
(a) Changes in height should be measured from the original support
structure in cases
where deployments are or will be separated horizontally, such as on
buildings' rooftops; in other circumstances, changes in height should
be measured from the dimensions of the tower or base station,
inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
(2) For towers other than towers in the public rights-of-way, it involves adding
an appurtenance to the body of the tower that would protrude from the edge
of the tower more than twenty (20) feet, or more than the width of the tower
structure at the level of the appurtenance,whichever is greater; for other
eligible structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than
six (6) feet.
(3) For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but
not to exceed four cabinets; or, for towers in the public rights-of-way and
base stations, it involves installation of any new equipment cabinets on the
ground if there are not pre-existing ground cabinets associated with the
structure, or else involves installation of ground cabinets that are more than
ten percent (10%) larger in height or overall volume than any other ground
cabinets associated with the structure;
(4) It entails any excavation or deployment outside of the current site, except
that, for towers other than towers in the public rights-of-way, it entails any
excavation or deployment of transmission equipment outside of the current
site by more than thirty (30) feet in any direction. The site boundary from
which the thirty (30) feet is measured excludes any access or utility easements
currently related to the site;
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base stations
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed
the thresholds above.
RANSMISSION EQUIPMENT -Equipment that facilitates transmission for any
Commission-licensed or authorized wireless communication service, including, but not
limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with the wireless
communications services including, but not limited to, private, broadcast, and public safety
services as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
TOWER-Any structure built for the sole or primary purpose of supporting any
Commission-licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services including, but not
limited to private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated site. A
tower may be concealed (examples include but are not limited to faux trees, unipoles,flag
poles) or non-concealed such as: monopole.
UTILITY POLE -Any pole or structure designed to maintain, or used for the purpose of
lines, cables, or wires for communications, cable, electricity, street lighting, other lighting
standards, or comparable standards.
WIRELESS CARRIER—A company that provides wireless telecommunications services.
WIRELESS COMMUNICATIONS FACILITY—Antenna or antenna support
structure and base equipment, either individually or together, including permanent or
temporary movable facilities (i.e.,wireless facilities mounted on vehicles, boats or other
mobile structures) used for the provision of any wireless service.
IRELESS MASTER PLAN—The Town of Southold Wireless Communications Master
Plan dated June 27, 2025.
WIRELESS SERVICES —Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange services, including, but not limited to, voice,
data, images or other information, cellular telephone service, personal communications
service (PCS), enhanced specialized mobile radio (ESMR) service, and paging service.
$280-70 General requirements for all wireless communication facilities.
All wireless facilities, including collocations, shall be the least visually obtrusive design
possible that also permits the applicant to achieve its service needs. To that end, the
following design standards shall apply to all wireless communication facilities installed or
constructed pursuant to the terms of this chapter.
A No wireless communication facility shall be used, erected or altered in the Town
of Southold except in accordance with the provisions of this article and any other
applicable sections of the Town Code,
B. Before securing a lease for a subiect property or a right-of-way agreement for a new
wireless communication facility, the Applicant, service provider, or tower owner
must hold a pre development meeting with the planning department and building
inspector. During this meeting the following will be discussed, the proposed project,
location, and potential alternatives to the wireless communication facility. These
alternative options do not have to be entirely different from the proposed personal
wireless service facility• however, they should have measurable differences, such
as•
(1) Location An alternative could be located on a different property than the
proposed personal wireless service facility.
(2) Siting An alternative could be in a different place on the same property as
the proposed personal wireless service facility.
(3) Design An alternative could be of the same height, location and siting as the
proposed personal wireless service facility but be designed to appear
differently.
(4) Change in community scale, as exhibited in relative height, mass or
proportion of the personal wireless service facility within its proposed
surroundings
(5) For painted monopoles,visible elements proposed on a contrasting
background
(6) Use of materials that are not characteristic of the existing built environment.
(7) Conservation of opportunities to maintain community scale, not
compromising buffering areas and low-lying buildings so as to start a trend
away from the existing community scale.
(8) Amount and diversity of landscaping and/or natural vegetation.
(9) Preservation of view corridors,vistas, and viewsheds.
(10) Additionally, the applicant shall provide a geographic search ring for a new
tower or base station along with an evaluation that collocation on an existing
tower or base station or structures within the applicant's geographic search
ring is not reasonably feasible because collocation is technically or
commercially impractical or the owner of the existing tower or base station
or structure is unwilling to enter into a contract for such use at fair market
value Evaluation shall also include evidence that no existing or previously
approved tower or base station can reasonably be used for the wireless
communications facility placement instead of the construction of a new tower
or base station; that residential, historic, and designated scenic areas cannot
be served from outside the geographic search ring; or that the proposed
height of a new tower or base station or a proposed height increase of a
substantially modified tower or base station, or replacement tower or base
station or collocation is necessary to provide the applicant's designed service.
C. All wireless communication facilities, and modifications to such facilities (as
defined in §280-69) shall require a building permit, a Wireless Facility Planning
Permit, and in some instances a special exception approval.
D. No new personal wireless service facility(PWSF) may be constructed without a
carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless
communications services must either be the applicant or the co-applicant or have
executed a lease agreement with the applicant for any proposed new wireless
communication facility, collocation or modification. A copy of the executed lease
agreement with redaction of financial terms shall be provided as part of the
application.
E. Location of wireless facilities.
(1) Applicants for wireless communications facilities shall locate, site and
erect said wireless facilities in accordance with the following priorities,
with (a) being the most preferred option and (i) being the least preferred.
(a) Collocation on an eligible support structure not exceeding the
definition of substantial change;
Ill On Town-owned property,
[21 In the right of way.
[31 On other property in the Town.
(b) Collocation on an existing base station or tower exceeding the
definition of substantial change.
(c) Replacement of an existing tower to add collocations, improve
coverage and/or structural capacity.
(d) New collocation on a new base station with no pre-existing wireless
communication facility equipment;
[11 On Town-owned property.
121 In the right-of=way.
[31 On the other taxing districts' property.
[41 On other property in the Town.
(e) Replacement of an existing utility pole in the same location as the
existing pole for a small wireless facility in public right-of-way.
(f) A tower•
[11 Within a one-half-mile geographic search ring of potential
tower locations by design type and height identified in the
Wireless Master Plan
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
[21 On Town-owned property
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
d. Lattice tower
[31 On other taxiniz districts' property
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
d. Lattice tower
(g) A tower on other property in the LI or LIO Zoning Districts.
[11 Concealed tower
[21 Painted monopole
[31 Non-painted monopole
[41 Lattice tower
(h) A tower on other property in the MI, MII, B or HB Zoning
Districts.
[11 Concealed tower
121 Painted monopole
[31 Non-painted monopole
[41 Lattice tower
f(i) New utility pole for a small wireless facility in:
I11 Public right-of-way
121 Private right-of-way
0) A new tower on other property a minimum of two acres in size in
the AC, R-40, R-80, R-120,LB, RO, RR, HD or AHD Zoning
Districts'. Towers are not allowed in R-200 or R-400 districts.
Ill Concealed tower
[21 Painted monopole
[31 Non-painted monopole
[41 Lattice tower
(2) If the proposed wireless communication facility is not proposed for the most
1 New towers in single-family residential districts or recorded residential subdivisions are only allowed on lots
used for non-residential purposes which have a minimum size of two(2)acres.
preferred option listed above, the applicant shall submit a written report
demonstrating the applicant's review of the above locations in order of
Priority. demonstrating the technological reason for the site selection. If
appropriate, based on selecting a site of lower priority, a detailed written
explanation as to why a more preferred location was not selected shall be
included with the application The applicant seeking such an exception must
satisfactorily demonstrate the reason or reasons why such a permit should be
granted for the proposed site, and the hardship that would be incurred by the
applicant if the permit was not granted for the proposed site.
(3) An applicant may not bypass a more preferred location by stating the site
proposed is the only site leased or selected. An application shall address
collocation as an option. If such option is not proposed, the applicant must
explain to the reasonable satisfaction of the Town why collocation is
commercially or otherwise impracticable.
(4) Notwithstanding the priorities above, the Town may, if satisfied with the
explanation provided by the applicant, approve any site located within an
area in the above list of priorities, provided that the Town finds that the
proposed site is in the best interest of the health, safety and welfare of the
Town and its inhabitants and will not have a deleterious effect on the nature
and character of the community and neighborhood.
(5) Notwithstanding that a potential site may be situated in a most preferred
location, the Town may also disapprove an application for any of the
following reasons:
(a) Conflict with safety and safety-related codes and requirements;
(b) Conflict with the historic nature or character of a neighborhood or
historical district;
(c) The use or construction of wireless facilities which is contrary to
an already-stated purpose of a specific zoning or land use
designation;
(d) In a public right-of-way the placement and location of wireless
facilities which Would create an unacceptable physical risk, or the
reasonable probability of such, to residents, the public, employees and
agents of the Town, or employees of the service provider or other
service providers;
(e) Conflicts with the provisions of this chapter.
F. Submittal requirements for all wireless communication facilities
JL Payment of application fee(s).
Completed Wireless Facility Planning Permit Application and if applicable a
Wireless Facility Special Exception Application with original signatures for
the applicant and all co-applicants applying for the application with
indication if the applicant or co-applicant will be represented by an agent,
original signature authorizing the agent to represent the applicant and/or co-
applicant. If the applicant is not the owner or person in control of the
personal wireless service facility and/or site, a written declaration under
Penalty of periury that the owner or person in control of the personal
wireless service facility and/or site has consented to the proposed facility or
modification.
(a) The current and/or intended wireless service provider(s), as
applicable for the application, shall be indicated on the site plan with
documentation provided by the service provider(s).
Structural integrity
(a) A structural analysis signed and sealed by a Professional Engineer in
the State of New York the entire tower or base station and all
appurtenances are designed pursuant to the design requirements of
ASCE 7, including wind speed design requirements, and tower
loading/wind design requirements of Electronic Industries
Association/Telecommunications Industry Association (ANSI/TIA)
222-H,Risk Category II and Exposure Category C standards, and
any subsequent modification to those specifications.
() Collocation modifications on existing eligible support facility using
existing antenna mounts shall also provide a mount analysis meeting
same standard as (c)(i) above.
(4) RF Compliance
(a) For new towers and new collocations: A signed statement from an RF
engineer competent to opine as to RF emissions compliance stating
that the radio frequency emissions comply with FCC standards for
such emissions as set forth in 47 CFR 1.1307, 1.310, 2.091 or 2.093, as
applicable (Report and Order, ET Docket 93-62 (Guidelines for
Evaluating the Environmental Effects of Radiofrequency
Radiation), 11 FCC Rcd 15123 (1996); Second Memorandum Opinion
and Order and Notice of Proposed Rule Making, ET Docket 93-62
(WT Docket 97-192), 12 FCC Rcd 13494 (1997).
(b) For Eligible Facility Requests• In addition to (d)(i) above, any eligible
facility collocation, modification, or upgrade application shall contain
a signed statement from an RF engineer competent to opine as to the
RF emissions confirming that following installation, the composite
facility will remain in compliance with FCC standards as stated in
OET-65.
(5) Scenic landscapes and vistas All PWSF located within or adjacent to a
Town or state-designated scenic vista or scenic landscape or road shall be
located in a manner that minimizes its visual impact on said scenic vista,
landscape, or road.
(6) Signs Only required safety and contact information signage shall be
permitted on any PWSF. Safety signs shall be in accordance with American
National Standards Institute (ANSI) standards for radio frequency radiation
warning signs Contact signs shall identify all service providers located on
the facility and shall include normal and emergency contact information for
each Such signs shall not exceed five square feet in surface area.
(7) Noise from base equipment, including any backup generator, measures less
than 45dB at all adiacent property lines.
(8) Lighting: All base stations and towers are subject to the following:
(a) Security and safety lighting of equipment buildings shall be
appropriately shielded to keep light within the boundaries of the
wireless communications site.
(b) Any lighting required by the FAA must be of the minimum intensity
and number of flashes per minute (i.e., the longest duration between
flashes) allowable by the FAA.
(c) Ground-based security and safety lighting shall only be illuminated as
Needed
(d) Lights shall be filtered or oriented so as not to project directly onto
surrounding property or rights-of-way, consistent with FAA
requirements
(e) Only red lighting at dark shall be utilized on the tower or base station
unless otherwise required by FAA guidelines.
(9) Access: Access to wireless facilities located outside the street right-of-way
should be from already established site access points whenever possible. If
access to the proposed tower or base station does not exist, then a driveway,
turnaround and required parking shall be provided on site.
(10) Parking: Each PWSF located outside the right-of-way must have at least one
designated parking space on site.
(11) Hazardous materials The applicant shall list location, tvpe and amount of
any materials proposed for use within the personal wireless service facility,
including those used as fuel for generators, that are considered hazardous by
the federal, state or local government.
(12) Proof of FAA compliance with Subpart C of the Federal Aviation
Regulations,Part 77, and "Objects Affecting Navigable Airspace," if
applicable.
(13) Interference with Public Safety Communications. In order to facilitate the
regulation, placement, and construction of antenna, and to ensure that all
parties are complying to the fullest extent possible with the rules, regulations,
and/or guidelines of the FCC, each wireless provider shall agree in a written
statement to the following:
(a) Compliance with "Good Engineering Practices" as defined by the
FCC in its rules and regulations.
(b) Compliance with FCC regulations regarding susceptibility to radio
frequency interference, frequency coordination requirements, general
technical standards for power, antenna, bandwidth limitations,
frequency stability, transmitter measurements, operating
requirements, and any and all other federal statutory and
regulatory requirements relating to radio frequency interference
(RFI).
(c) Whenever the Town has encountered radio frequency interference
with its public safety communications equipment, and has reasonable
cause to believe that such interference has been or is being caused by
one or more wireless facility antenna arrays, the following steps shall
be taken•
Ill The Town shall provide written notification to all wireless
service providers operating in the Town of possible
interference with the public safety communications equipment,
and upon receipt of such notifications, the wireless providers
shall use their best efforts to cooperate and coordinate with the
Town and among themselves to investigate and mitigate the
interference, if any, utilizing the procedures set forth in the
ioint wireless industry-public safety "Enhanced Best Practices
Guide," released by the FCC in Appendix D of FCC 04-168
(released August 6, 2004), including the "Good Engineering
Practices," as may be amended or revised by the FCC
from time to time in any successor regulations.
f2l If any wireless provider fails to cooperate with the Town in
complying with the owner's obligations under this section or if
there is a determination of radio frequency interference with
the Town's public safety communications equipment, the
wireless provider who failed to cooperate and/or the wireless
provider which caused the interference shall be responsible for
reimbursing the Town for all costs associated with ascertaining
and resolving the interference, including but not limited to any
engineering studies obtained by the Town to determine the
source of the interference. For the purposes of this subsection,
failure to cooperate shall include failure to initiate any
response or action as described in the "Enhanced Best
Practices Guide" within twenty-four (24) hours of Town's
notification.
G. Small Wireless Facilities. In addition to & 280-70.A. through F. the following applies
to all small wireless facilities:
(1) An executed agreement with the Town to use the Town's right-of-way.
(2) Small wireless facilities shall not exceed the size dimensions of the small
wireless facility definition. The Applicant shall include calculations
demonstrating in detail the applicant meets the definition of small wireless
facility.
(3) An aerial map showing the location of the proposed small wireless facility.
(4) A street view map to scale showing the proposed site location and property
frontages within 100 feet in each direction parallel the right-of-way.
(5) An accurate site plan which identifies any easements, rights-of-way,
sidewalks, driveways, and the type and location of existing aboveground and,
if applicable, underground utilities.
(6) Photo simulation with before and after images from at least two (2)
reasonable line-of-sight locations near the proposed proiect location. The
photo simulations must be taken from the viewpoints of the greatest
pedestrian or vehicular traffic.
(7) A photo rendering shall be provided of the proposed small wireless facility
that depicts aesthetic features including, but not limited to, the use of colors
and if applicable, concealment with "before and after" installation exhibits.
(8) No portion of a small wireless facility shall obstruct pedestrians,vehicular,
bicycle access, sight lines or visibility for traffic, traffic signage or signals, or
interfere with access by persons with disabilities.
(9) No small wireless facility shall conflict with any utilities located within the
public right-of-way.
(10) Equipment boxes, including meters, for small cell wireless facilities may be
located on the ground or attached on the pole at a height that does not
interfere with pedestrian or vehicular traffic, public views, and traffic signs
or signals Equipment boxes and meters attached to the utility pole shall be
surrounded by a shroud painted to match the pole.
(11) Cables, if not located inside the pole, shall be placed in conduit painted to
match the pole from the meter box to the antenna.
(12) Tree topping (removal of tree crown) or the improper pruning of trees is
prohibited Any proposed pruning or removal of trees shrubs or other
landscaping already existing in the right-of-way must be noted in the
application and must be reviewed and meet the approval of the Town.
(13) Applicants shall include an attestation that the small wireless facilities shall
be activated for use by a wireless services provider to provide service no later
than one (1) year from the permit issuance date, unless the Town and the
wireless provider agree to extend this period, or a delay is caused by a lack of
commercial power at the proposed site.
(14) Small Wireless Facilities in Historic Districts. Any application proposing the
installation of small wireless facilities within a designated historic district
shall comply with the following requirements:
(a) Concealment techniques shall be designed to be consistent and
harmonious with the nature and character of the historic district,
including color, shape and size of proposed equipment.
(b) New utility poles or wireless support structures shall be designed to
match the size, girth, and design of any existing utility poles or other
wireless support structures located in the historic district right-of-
way, i.e. decorative light poles or banner poles.
(c) This subsection shall not be construed to limit the Town's
enforcement of historic preservation in conformance with the
requirements adopted pursuant to the National Historic Preservation
Act of 1966, 54 U.S.C. & 300101 et seq., and the regulations adopted to
implement those laws, or Section 14.09 of the New York State
Historic Preservation Act of 1980.
(15) Additional items for collocations on existing utility poles (not replacement).
(a) New collocations shall:
[11 Only be mounted on structures fifty (50) feet or less in height
including the antennas; or
[21 Only be mounted structures no more than ten (10) percent
taller than other adjacent structures or;
131 Not extend existing structures on which they are located to a
height of more than fifty (50) feet or by more than ten (10)
percent,whichever is greater.
(16) Additional items for the replacement of an existing wood utility pole.
(a) Replacement poles shall be designed with considerations of height,
girth, scale, color, texture and architectural design of any existing
utility poles or other vertical structures located in the right-of-way
where the new facility is proposed.
(b) Antenna, meter boxes and ancillary equipment shall be surrounded
by a shroud painted to match the color of the existing or replacement
Utility pole
(17) Additional requirements for new poles (not a replacement utility pole).
(a) Spacing requirements for small wireless facilities.
[11 To minimize the adverse visual impacts from the proliferation
of antennas and associated above-ground equipment for small
wireless facilities, no small wireless facility in the right-of-way
shall be located, to the extent practicable,within one hundred
sixty-five (165) feet of any other small wireless facility in
the same right-of-way, unless the wireless service provider
desiring to install small wireless facilities less than one hundred
sixty-five (165) feet apart demonstrates to the Town's
satisfaction why such placement is necessary.
f21 No small wireless facilities shall be placed in front of structure
and shall be located as close to the shared side yard lot line as
possible.
[31 In a residential street right-of-way, all small wireless facilities
located adjacent to residential structures shall be placed in the
right-of-way at locations where they are at least one hundred
(100) feet from the base of the facility to any residential
structure whenever possible.
[41 If a right-of-way has residential structures on only one (1) side
of the street, small wireless facilities shall be located on the
opposite side of the right-of-way whenever possible.
[51 Where a right-of-way has residential or commercial structures
on only one (1) or both sides of the street, the small wireless
facilities shall be located as close to the commercial structure
whenever possible.
(b) All new concealed small wireless facilities shall be designed with
considerations of height, girth, scale, color, texture and architectural
design of any existing utility poles or other vertical structures located
in the same right-of-way, i.e. decorative light poles or design of the
buildings parallel the rights-of-way where the new facility is proposed.
All cables, conduits, electronics, meters and wires shall be enclosed
within the structure.
H. Eligible facility request In addition to 280-70.A. through F. the applicant must
demonstrate in writing that the proposed modification or collocation does not
exceed any part of the definition of substantial change.
I New concealed collocation on a pre-existing structure with no existing wireless
communications equipment In addition to 4 280-70. A. through F. the following
applies•
(1) Height limited to no more than 10 feet above the highest point of the
building.
(2) The wireless equipment for a concealed base station, including all antennas,
antenna arrays, transmission lines, equipment enclosures of other ancillary
equipment, must not be visible from outside the building or structure
housing the facility.
(3) When a wireless communication facility extends above the roof height of a
building on which it is mounted, every effort shall be made to conceal the
facility within or behind existing architectural features to limit its visibility
from public and residential vantage points,vet permit the facility to perform
its designated function.
(4) Facilities mounted on a roof shall be recessed from the front facade in order
to limit their impact on the building's silhouette. If antennas are part of the
recessed facility, the applicant shall submit an access control plan that
precludes inadvertent access to the front faces of the antennas by building
workers and the general public. The wireless communication facilities shall
blend in with the existing building's architecture and shall be painted or
shielded with material which is consistent with the design features and
materials of the building.
(5) Facade side-mounted facilities shall be flush-mounted and painted or
otherwise Camouflaged to blend with the facade or background materials of
the structure
(6) Any structural or design changes to the building or structure necessary to
accommodate the new wireless communications equipment shall be
harmonious with the design and architectural style of the building or
structure and must comply with all applicable land use regulations and
design standards.
(7) PWSF equipment may be placed inside any portion of an existing building.
(8) PWSF equipment may be placed inside portions of existing noncomplying
buildings that currently exceed the height limit for the zone as long as no
exterior design changes or height increases are made to the portion of the
building housing the enclosed facility.
(9) Interior-mounted facilities in existing buildings shall be constructed so that
the outward appearance of the building or structure before and after the
installation is complete is identical or nearly identical.
J. Towers In addition to 4 280-70 A through F. the following applies to new towers:
(1) Towers shall not be located in the following areas without a permit from all
iurisdictional agencies:
(a) Wetlands, tidal and freshwater.
(b) Land above high groundwater (within 10 feet of the surface).
(c) Lands purchased with Community Preservation Funds.
(d) Coastal erosion hazard areas.
(e) Designated parkland.
(2) Lot Size Minimum lot size in non-residential zoning districts shall be in
accordance with the bulk schedule for each. Lot size in residential zoning
districts and/or recorded residential subdivisions shall be a minimum of two
acres, or in accordance with the bulk schedule for each zoning district,
whichever is greater.
(3) Fall zones. An area with a radius equal to the height of the tower free of
residential habitable structures is required around the tower. A smaller fall
zone may be allowed if supported by a report submitted by a qualified
structural engineer. The structural engineer's report shall be submitted to
and reviewed by the Town and corroborated by an independent consultant
hired by the Town that demonstrates that a smaller fall zone is appropriate
and safe.
(4) Setbacks.
(a) Setbacks for towers shall be equal to the determined fall zone of the
tower or the Bulk Schedule applicable to the principal uses for the
one in which the structure is located,whichever is greater.
(b) The setbacks for all related ground equipment shall, at a minimum,
meet the Bulk Schedule setbacks for the zoning district's accessory
uses.
(5) Collocation All new towers and compounds shall be designed to
accommodate a minimum of four tenants on the tower, counting the launch
tenant as one of the four.
(6) Height Maximum Tower height (excluding lighting rod) is 140 feet in all
districts where permitted, or as provided in the Wireless Master Plan.
(7) Height justification A map indicating the applicant's existing radio
frequency signal propagation, a map indicating the applicant's proposed new
radio frequency signal propagation, and a map indicating the proposed
improvements' coverage/capacity area for the lowest and highest licensed
frequencies,which provides sufficient justification for the requested antenna
height; or an affidavit from a radio frequency engineer, including the
qualifications of affiant, to justify the mounting height of the proposed new
antenna.
(8) Balloon or Crane Test
(a) A balloon or crane test is required prior to generating the photo
simulations to demonstrate the proposed height and design type of the
tower. The applicant shall arrange to raise a colored balloon no less
than three (3) feet in diameter at the maximum height of the proposed
tower and within twenty-five (25) horizontal feet of the center of the
proposed tower, or suspend a similar sized object from a crane at the
same height.
(b) The applicant must inform the Town and abutting property owners in
writing of the date and times, including alternative dates and times, of
the test at least fourteen (14) days in advance. The Town may also
1
send a general email to town residents with this information.
(c) A 3-foot by 5-foot sign with lettering no less than 3 inches high stating
the purpose of the balloon test shall be placed at the closest major
intersection of the proposed site.
(d) The balloon shall be flown, or the crane suspended, on a weekday for
at least four (4) consecutive hours during daylight hours on the date
chosen. The applicant shall record the weather, including wind speed
during the balloon test.
(e) Re-advertisement will not be required if inclement weather occurs.
(9) Photographic simulation of pre-development and post-development views
from the street frontage of the existing property and surrounding properties
to the north, south, east, and west, and any other locations identified during
the pre-development conference.
(10) Color. When a monopole is painted the color should be appropriate to the
context of the tower's location so that the tower is as unobtrusive as possible,
unless otherwise required by the Federal Aviation Administration (FAA).
(11) Visual impact analysis• renderings or computer graphics illustrating the
appearance of the completed facility from residential and public vantage
points to be determined by the Town during the pre-development meeting.
(12) Tower siting It is preferred that new towers sited on developed properties be
located to the rear of other principal buildings and shall not encroach on
planting buffers, parking areas or otherwise impair the operation of
previously approved systems such as storm water drainage basins. Existing
buildings and structures should be used in the siting of new towers to
contribute to the visual screening of the tower.
(13) Minimum distance of all wireless equipment to adjacent residential
property lines or street shall be equal to the fall zone setback or the
underlying zoning district setback,whichever is greater.
(14) Landscaping The ground equipment shall be screened from view from
surrounding properties by dense vegetation and trees, either planted or
existing, and meeting the site design appearance criteria below.
(a) A screen of evergreen trees shall be planted outside the fence of
the base equipment area or shelter to provide a visual screen or
buffer for adjoining properties and the public right-of-way or
other vantage points accessible to the public. The screen shall
consist of a double row of evergreen shrubs and trees that are of
sufficient density and height to immediately screen the base
equipment from view.
(b) Required front yard setback areas shall be landscaped and include
shrubs and trees.
(c) An alternative method of compliance may be approved if it
achieves the same screening goals.
(d) Survivability of the landscaping shall be guaranteed and
maintained by the applicant for the life of the installation.
280-71. Required approvals.
All wireless communication facilities, and modifications to such facilities (as defined in §
280-69) shall require a Wireless Facility Planning Permit, a building permit, and in certain
cases a special exception approval will be required as follows:
A Administrative Approval: Wireless Facility Planning Permit and Building permit
required by the Planning and Building Departments.
(1) All applications for a Wireless Facility Planning Permit building permit shall
comply with the relevant subsections in §280-70,General requirements
for all wireless communication facilities, and § 280-74, application
requirements.
(2) An application qualifies for administrative approval of a Wireless Facility
Planning Permit and a building permit if it conforms to the relevant
subsections of§ 280-70 and falls in one of the following four categories:
(a) An eligible facility request
(b) Concealed base station
(c) A new tower within a one-half-mile geographic search ring of
potential tower locations identified in the Wireless Master Plan and
also meet the suggested design type and height in the Wireless
Master Plan.
(d) Small wireless facilities located on existing or replacement utility
poles.
B. Planning Board Review and Approval:
(1) A Wireless Facility Planning Permit application requires review and
approval by the Southold Town Planning Board in the following
circumstances
(a) New collocations on structures without pre-existing wireless
communication equipment where the height is greater than 10 feet
above the highest point of the building; and
(b) Any application or collocation which exceeds the definition of
substantial change and presents aesthetic, siting location, or
physical safety concerns.
(c) New small wireless facilities using newly installed utility pole(s)
where none previously existed.
C. Special exception.
In the following circumstances, a Special Exception application is required:
A new tower proposed to be located outside a one-half mile geographic search
ring of potential tower locations identified in the Wireless Master Plan. All
applications for special exception shall comply with the standards in 280-70,
General requirements for all wireless telecommunication facilities, and 280-724,
Application fees and requirements.
(1) Authority. For the purposes of this section, notwithstanding Article XXV
of this chapter,the Planning Board shall be empowered to issue a special
exception approval for wireless communication facilities, subiect to the
provisions of this chapter.
(2) Standards In addition to the standards in Article XXV of this chapter, no
special exception approval shall be granted unless the Planning Board
specifically finds and determines the following:
(a) Construction of the proposed facility or modification of the
existing facility is a public necessity, in that it is required to meet
current or expected demands of the telecommunications provider
and to render adequate service to the public.
(b) The applicant has made substantial effort to co-locate with
existing wireless facilities or, failing that, has made substantial
effort to locate on municipally owned land or structures, or within
or on existing buildings or structures.
(c) There are compelling reasons which make it more feasible to
construct the proposed facilities rather than alternatives.
(3) Matters to be considered In addition to the matters to be considered in
Article XXV of this chapter, the Planning Board shall give consideration
to the following in issuing a special exception approval for wireless
communication facilities:
(a) The proposed antenna support structure must be demonstrated to
be the lowest height above the ground feasible to achieve the
service needs of the carrier(s). The rationale behind the
explanation by the applicant must be corroborated by an
independent consultant hired by the Town.
(b) The wireless communication facility has been situated to minimize
its proximity and visibility to residential structures, residential
district boundaries and landmarks designated by Town, federal or
state agencies.
(c) The wireless communication facility is designed and situated to be
compatible with the nature of uses on adjacent and nearby
Property.
(d) The wireless communication facility has been designed to use the
surrounding topography to minimize its visual impacts.
(e) The wireless communication facility has been designed to use the
surrounding tree, building or foliage coverage to minimize its
visual impacts.
(f) The wireless communication facility maximizes design
characteristics to reduce or eliminate visual impacts and
obtrusiveness.
(9) Other adequate conditions have been placed on the wireless
communication facility which will minimize any adverse impacts
of the facility on adjoining properties.
$ 280-72. Application fees and requirements.
A Fees The following fees will be set by the Town Board by resolution:
(1) Wireless Facility Planning Permit
(a) Eligible facility request
(b) New facility application
(c) Small Wireless application
(d) Small Wireless License Fee
(2) Building Permit application fees.
(a) Eligible facility request
(b) New facility
(3) Special exception application fee
(4) Review by independent consultants.
(a) The Town may hire any consultant(s) and/or expert(s) necessary to
assist the Town in reviewing and evaluating the application,
including the construction and modification of the site, once
permitted, and any site inspections. An escrow account shall be
funded by the applicant with an initial deposit as determined by
the Planning Department , and based upon an estimate provided
by the consultant(s). No application shall be considered complete
for review purposes until an escrow account is established and
funded.
(b) Withdrawals from said escrow account may be made from time to
time to reimburse the Town for the cost of its consultants'
professional review services actually incurred in connection with
the review of any application including where applicable, the lease
negotiation, the preapproval evaluation, and the construction and
modification of the site,once permitted.The applicant shall
remain responsible for all costs of outside consultants in the event
that said escrow deposit is exhausted. If such account is not
replenished within 30 days after the applicant is notified in writing
of the requirement for such additional deposit, the Planning Board
may suspend its review of the application.
(c) The consultant(s)will work under the direction of the Town
Planning Director. Copies of the consultants' qualifications,
findings and reports will be provided to the applicant and an
opportunity given to the applicant to respond to the content
of the consultants' report prior to any decisions being made. In the
event that the amount held in escrow by the Town is more than the
amount of the actual invoicing at the conclusion of the project, the
remaining balance shall be promptly refunded to the applicant.
B. Wireless Facility Planning permit application requirements
(1) Copies of all applicable FCC licenses, notices of proposed construction or
alteration, federal environmental impact statements and other documents
verifying compliance with federal, state and local regulations.
(2) Zoning narrative and supporting documents addressing each standard §280-
70A through F and the additional relevant subsection(s) following �280 70 A
through F.
(3) Digital files of the propagation and gap maps, including attribute
information, in a geographic information system(GIS)format and
projection that is compatible with the GIS technology currently in use by
the Town of Southold.
(4) A copy of the deed or lease agreement establishing applicant's right to use
the parcel on which the wireless communication facility is to be located.
(5) Aeronautical study or appropriate consultant's report demonstrating that
the proposed facility will not constitute an obstruction or hazard to air
navigation.
(6) Visual impact analysis• renderings or computer graphics illustrating the
appearance of the completed facility from residential and public vantage
points to be determined by the Planning Board.
(7) Adjacent land uses, structures and zoning within 500 feet.
(8) The location in latitude and longitude, type and height of the wireless
communication facility.
(9) If applicable, a list of other carriers already located on the facility,with
the number, type, height, orientation, effective radiated power, number of
channels and operating frequencies of each antenna, including the
proposed.
(10) Digital information about the facility (AutoCAD, Shapefile) that can be
imported into a geographic information system depicting the search ring
of the proposed facility.
(11) A photo of the facility, if already existing.
(12) Location of landmarks listed by federal, state or Town agencies within
300 feet.
(13) Distances between the proposed facility and the following:
(a) The nearest residential structure.
(b) The nearest property line with a residential use.
(c) All other structures.
(d) Roads, rights-of-way, driveways.
(14) Fall zone radius and distance.
(15) Proposed means of access.
(16) Elevation drawings with dimensions clearly indicated, including diameter
or width of the structure at its widest and narrowest, and the tallest point,
including antennas or lightning protection.
(17) Other information deemed by the Town to be necessary to assess
compliance with this article.
C. Special exception application. To make the determination on an application for
special exception, the Planning Board shall require the following in addition to
the requirements of Article XXV of this chapter:
(1) Each application shall include:
(a) One copy of the Wireless Facility Planning permit application
(b) A written site location alternative analysis describing the location of
other sites considered, the availability of those sites, the extent to
which other sites do or do not meet the provider's service or
engineering needs and the reason why the sub*ect site was chosen.
(c) Other information deemed by the Planning Board to be necessary
to assess compliance with this article.
(2) The applicant shall document to the satisfaction of the Planning Board
that a good-faith effort has been made to locate or co-locate on existing
towers or other available and appropriate buildings and structures, that
it is not feasible to co-locate on an existing facility and that the proposed
location is necessary to provide adequate service to the public. The
documentation shall include a notarized statement by the applicant as to
whether construction of the wireless communication facility will
accommodate colllocation of additional antennas for future users.
(3) The Planning Board and Planning Department may retain technical
consultants as they deem necessary to provide assistance in the review of
the needs and site location alternatives analyses and other matters that
the Board deems necessary. The applicant shall bear the reasonable cost
associated with such consultation,which cost shall be assessed as an
additional application fee. The consultants will work under the direction
of the Town Planning Director. Copies of the consultants' qualifications,
r
findings and reports shall be made available to the applicant upon
acceptance of the final draft of the report by the Planning Board.
(4) The applicant must explain in writing to the Planning Board why it
selected the proposed site, discuss the availability or lack thereof of a
suitable structure within the search ring for collocation, and the extent to
which the applicant has explored locating the proposed facility in a more
intensive use district. Correspondence with other telecommunication
providers concerning collocation is part of this requirement. The
applicant shall also provide evidence supporting the existence of
inadequate service. This may include the propagation maps cited above,
traffic studies, customer complaint logs and similar data. The applicant
must also demonstrate to the Board that the proposed facility satisfies the
demonstrated service deficiency to an equal or greater degree than any of
the reasonably available alternatives.
280-73 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,Landmark Preservation:
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.
B. Any alteration made to an historic structure to accommodate a wireless
communication facility shall be fully reversible.
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.
$ 280-74. Application Approval Timelines
A. Small wireless facilities in Town rights-of-way
(1) Total timeline for review from date of receipt of a complete application by
the Town:
(a) Collocation using an existing structure: sixty (60) days.
(b) Installation using a new or replacement structure: ninety (90) days.
(2) Review timeline:
Lal Unless a written agreement between the applicant and the Town
provides otherwise, for an initial application the Town planning staff
designee shall review the siting application and notify the applicant on
or before the tenth (loth) day after submission of the application that
the application is materially incomplete, and clearly and specifically
identify the missing documents or information and the specific rule or
regulation creating the obligation to submit such documents or
information. The comment notice shall identify the deficiencies in the
application,which, if cured,would make the application complete.
The shot clock date for siting application is determined by counting
forward, beginning on the day after the date when the application was
submitted, by the number of calendar days of the shot clock period.
The shot clock calculation shall restart at zero (0) on the date on
which the applicant submits all the documents and information
identified by the Town to render the application complete or
incomplete.
(c) The wireless communication facility shall be deemed complete on
resubmission if the resubmitted materials cure the original
deficiencies indicated by the Town.
If the Town does not approve the application following resubmission,
then the application shall be deemed incomplete, and the steps
outlined above will be followed until the application is deemed
complete.
Lel The Town may deny an application for any of the following reasons:
[11 Applicable codes, Town Code or obiective design standards
that concern public safety, traffic safety and aesthetic concerns
for decorative Town utility poles, including reasonable and
nondiscriminatory concealment requirements such as
screening or landscaping for ground-mounted equipment; or
121 Public safety and reasonable spacing requirements concerning
the location of ground-mounted equipment in a right-of-way,
including ADA compliance;
[31 If the Town denies an application, then the Town must
document the basis for a denial, including the specific code
provisions on which the denial was based. The Town shall
send the documentation to the applicant on or before
the day the Town denies an application. If the Town fails to
approve or deny the application within the prescribed shot
clock timeline, the applicant shall
have all remedies available at law.
�f Batching. If a single application seeks authorization for multiple
deployments then the presumptively reasonable period of time
for the application for the applications as a whole is equal to that for a
single deployment within that category. The Town may remove a
small wireless facility from a consolidated application and treat
separately small wireless facility locations for which incomplete
information has been provided or that are denied. The Town
will issue a separate permit for each location that is approved.
All work within the Town rights-of-way is also subject to approval of
a street opening permit for work that involves excavation, affects
traffic patterns or obstructs vehicular traffic within or along the
Town's rights-of-way. Any/all work in the public right-of-way as per
this code is subject to approval of a Wireless Facility Planning permit
or building permit .
As-built construction drawings shall be provided to the Town for all
structures, equipment, cable, pipes and conduit located within a Town
or public right-of-way, and within any Town-owned utility or multi-
purpose easement; and which must include, for fiber optic cable, the
number of strands of fiber in the conduit. If any of the Town's
utilities or other infrastructure is relocated within the right-of-way as
part of the construction, the Town shall have final approval of the
design and engineering of such relocated items.
Q Rates for use of Town Utility Poles within the Right-of-Way. An
applicant who places a small wireless facility on a utility pole within a
right-of-way in accordance with this section shall:
[I] Execute an agreement with the Town; and
[21 Pay to the Town an annual recurring rate as set forth in the
Town's Fee Schedule for the use of such utility pole.
[31 Required Permit Provisions. Each permit issued by the Town
and each license agreement for small wireless facilities shall be
made upon the condition that the applicant agree to the
following conditions:
(a) Indemnification. To the fullest extent allowed by law,
both the wireless infrastructure provider and wireless
services provider (for this paragraph, collectively
referred to as "provider") constructing, installing,
operating, repairing, maintaining and using a small
wireless facility shall indemnify, defend and hold
_harmless the Town, and its officials, agents, and
employees from and against all suits, actions or claims
of any character brought because of any injury or
damage received or sustained by any person, persons or
Property arising out of, or resulting from, said
provider's breach of any provision of law, including but
not limited to any asserted negligent act, error or
omission of the provider, or its agents or employees,
arising from or relating to its small wireless facility. The
indemnifications required hereunder shall not be
limited by reason of the specification of any particular
insurance coverage for any permit. The provider's
obligations under this provision shall not terminate
with the expiration or termination of its permit, but
shall survive it.
(b) Dispute Resolution. A court of competent jurisdiction
located in Southold,New York shall have exclusive
jurisdiction to resolve all disputes arising under this
section applying the laws of the State of New York.
Pending resolution of a dispute concerning rates for
collocation of small wireless facilities on utility poles
within the right-of-way,the Town shall allow the
collocating party to collocate on utility poles at annual
rates as set forth in the Town Fee Schedule.
B. Eligible Facility Applications.
(1) Timeframe for review. Within sixty (60) days of the date on which an
application submits a complete application for approval, the Town shall
approve the application unless it denies the application.
(2) Tolling of the timeline for review. The sixty (60) day period begins to run
when the application is filed and may be tolled only by mutual agreement or
in the cases where the Town determines that the application is incomplete.
(3) Town must notify the applicant within thirty (30) days of submission (or
within some other mutually agreed upon timeframe) if the submission is
incomplete.
(4) Notices of application incompleteness shall identify specifically the
deficiencies in the application which, if cured,would make the application
complete The clock stops on the date the notice is sent to the Applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review. Any subsequent review shall be limited to the
deficiencies list in the prior denial.
(6) The clock re-starts on the date of resubmission by the Applicant. The Town
shall,within ten (10) days of re-submission, notify the applicant of continuing
deficiencies or the application will be deemed complete. The timeline for a
decision shall be likewise tolled during the additional re-submission
deficiency period until the 2nd resubmission. Second or subsequent notices
of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by day sixty (60) after the initial submission,
excluding tolling.
(8) Failure to Act. In the event the Town fails to approve or deny an application
within the timeframe for review (accounting for any tolling), the request shall
be deemed granted. The deemed granted does not become effective until the
applicant notifies the Town in writing after the review period has expired
(accounting for any tolliniz) that the application has been deemed granted.
C. New collocation on a new base station with no pre-existing wireless communication
facility equipment applications.
(1) Timeframe for review. Within ninety (90) days of the date on which an
application submits an application for approval, the Town shall approve the
application unless it denies the application.
(2) Tolling of the timeline for review. The ninety (90) day period begins to run
when the application is filed and may be tolled only by mutual agreement or
in the cases where the Town determines that the application is incomplete.
(3) Town must notify the applicant within thirty (30) days of submission (or
within some other mutually agreed upon timeframe) if the submission is
incomplete.
(4) Notices of application incompleteness shall identify specifically the eficiencies
in the application which, if cured,would make the application complete. The
clock stops on the date the notice is sent to the Applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review. Any subsequent review shall be limited to the
deficiencies list in the prior denial.
(6) The clock re-starts on the date of resubmission by the Applicant. The Town
shall,within ten (10) days of re-submission, notify the applicant of continuing
deficiencies or the application will be deemed complete. The timeline for a
decision shall be likewise tolled during the additional re-submission
deficiency period until the 2nd resubmission. Second or subsequent notices
of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by day ninety (90) after the initial submission,
excluding tolling.
(8) Failure to Act In the event the Town fails to approve or deny an application
within the timeframe for review (accounting for any tolling), the request shall
be deemed granted The deemed grant does not become effective until the
applicant notifies the Town in writing after the review period has expired
(accounting for any tolling) that the application has been deemed granted.
D New tower exceeding the definition of a small wireless facility.
(1) The time frame for review. Within one hundred fifty (150) days of the date
on which an application submits an application for approval, the Town shall
approve the application unless it denies the application.
(2) Tolling of the timeline for review. The one hundred fifty (150) day period
begins to run when the application is filed and may be tolled only by mutual
agreement or in the cases where the Town determines that the application is
incomplete.
(3) The Town must notify the applicant within thirty (30) days of submission (or
within some other mutually agreed upon timeframe) if the submission is
incomplete.
(4) Notices of application incompleteness shall identify specifically the
deficiencies in the application which, if cured,would make the application
complete.
(5) The timeline clock stops on the day after the date the Town sends notice of
incompleteness to the Applicant.
(6) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review. Any subsequent review shall be limited to the
deficiencies list in the prior denial.
(7) The clock re-starts on the date of resubmission by the Applicant. The Town
shall,within ten (10) days of re-submission, notify the applicant of continuing
deficiencies or the application will be deemed complete. The timeline for a
decision shall be likewise tolled during the additional re-submission
deficiency period until the 2nd resubmission. Second or subsequent notices
of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
(8) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by one hundred fifty (150) days after the initial
submission, excluding any tolling period.
(9) Failure to Act. In the event the Town fails to approve or deny an application
under this subsection within the timeframe for review (accounting for any
tolling), the applicant shall have all remedies available at law.
280-75. Removal
A. Any wireless communication facility that is not operated for a continuous period of
12 months shall be deemed abandoned. At that time, the owner of the wireless
communication facility or the owner of the property where the wireless
communication facility is located shall remove all components thereof within 90
days of such deemed abandonment or will be in violation of this article. In the case
of a wireless communication facility on preexisting structures, this provision
shall apply to the wireless communication facility only. If the wireless
communication facility is not removed within said 90 days, the Building Inspectors
may give the owner notice that unless the removal is accomplished within 30 days,
the Town will cause the removal at the owner's expense. All costs and expenses
incurred by the Town in connection with any proceeding or any work done for the
removal of a wireless communication facility shall be assessed against the land on
which such wireless communication facility is located, and a statement of such
expenses shall be presented to the owner of the property, or if the owner cannot be
ascertained or located, then such statement shall be posted in a conspicuous place on
the premises. Such assessment shall be and constitute a lien upon such land.If the
owner of the facility and the owner of the property upon which the facility is located
shall fail to pay such expenses within 10 days after the statement is presented or
posted, a legal action may be brought to collect such assessment or to foreclose such
lien. As an alternative to the maintenance of any such action, the Building Inspector
may file a certificate of the actual expenses incurred as aforesaid, together with a
statement identifying the property in connection with which the expenses were
incurred and the owner of the facility and the owner of the property upon which the
facility is located,with the Assessors,who shall, in the preparation of the next
assessment roll, assess such amount upon such property. Such amount shall be
included in the levy against such property, shall constitute a lien and shall be
collected and enforced in the same manner, by the same proceedings, at the same
time and under the same penalties as are provided by law for the collection and
enforcement of real property taxes in the Town of Southold.
B. This section is enacted pursuant to 10 of the Municipal Home Rule Law to
promote the public health, safety and general welfare of Town citizens through
removal provisions to ensure the proper decommissioning of wireless
communication facilities within the entire Town. The removal reduction
provision of this chapter shall supersede any inconsistent portions of the Town
Law 4 64(5-a) and govern the subject of removal of wireless communication
facilities in this chapter.
§ 280-76. Preexisting antenna support structures and antennas.
A. Preexisting antenna support structures and antennas,for which a permit has
been issued prior to the effective date of this article, may continue in use for the
purpose now used and as now existing, subject to the conditions of that permit.
Preexisting antenna support structures and antennas may not be replaced,
structurally altered, or added to without complying in all respects with this
article. The issuance of permit renewals or other new permits for such
facilities shall be in accordance with the provisions of this article. Preexisting
antenna support structures and antennas without the,proper permits shall be
considered out of compliance with this article.
B. Any wireless service provider with at least one preexisting antenna support
structure or antenna in the Town of Southold that is out of compliance with the
building and zoning requirements in this chapter prior to the adoption of this
article shall not be eligible for any new approvals until the preexisting antenna
support structure or antenna is brought into compliance with this article.
C. Until all required permits are secured,no issuance of any new permit shall occur
for a request to co-locate,attach,or share an existing antenna support structure,
when such existing facility is found to have one or more antennas or mounts
without permits.
D. Any application by a wireless service provider shall be deemed incomplete if that
provider has a preexisting antenna support structure in the Town on which
there is any antenna or mount without permits, and said application shall not be
processed until that facility is brought into compliance with this article.
& 280-76.1. Waivers of criteria.
In approving a Wireless Facility Planning Permit or special exception, the Planning
Board may waive or modify the following criteria if it finds that the goals and stated
purposes of this article are better served by doing so, and that there is no detriment to
the public health, safety and welfare.
A Section 280-70 (J) (6) Maximum height: 140 feet. In zones,where collocation will
achieve the result of fewer antenna support structures, the Planning Board may
modify the hundred-forty (140) foot height restriction with the condition that
the antenna support structure be constructed so that antennas can be installed
at any height on the structure, and that the overall height of the structure can be
reduced if antennas are moved to lower heights. No antenna support structure
shall remain at a height that is taller than that required by installed and
operational antennas The applicant must show that co-location of other carriers
is likely by demonstrating that coverage or capacity gaps of other carriers are
located in the same area as the proposed structure.
B. Section 280-76 Preexisting antenna support structures and antennas not in
compliance The provision requiring preexisting nonconforming facilities to be
brought into compliance may be modified by the Planning Board where such
facilities would be required to be rebuilt or relocated to be in compliance, if, in
those cases only, the applicant demonstrates that those preexisting facilities,
given the carrier's coverage or capacity needs, are already
in a location that would comply the same or better as any alternate locations, or
are already constructed to be as unobtrusive as possible.
C. Section 280-70 (J) (2), Lot Size. Minimum lot sizes may be reduced on non-
conforming lots of record in the event the Applicant can demonstrate that no
conforming lots are available in the geographic search ring.
D. Section 280-70 (J)(4) Setbacks. Setbacks may be reduced to less than the
determined fall zone of the tower or the bulk schedule where existing conditions,
lot dimensions, or tower design and siting circumstances Justify a reduced
setback.
§280-76.2. Relief.
With the exception of relief from the denial of an application for special exception
approval pursuant to 280-72 C, and waivers pursuant to _§ 280-76.1. Waivers of
criteria, any applicant desiring any other relief or exemption from the requirements of
this article may seek a variance from the Zoning Board of Appeals in accordance with
Article XXVI of this chapter.
4 280-76.3. Severability.
The various parts, sections and clauses of this article are hereby declared to be
severable. If any clause, sentence, paragraph, section or part of this article shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not
affect the validity of this article as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid.
§ 280-76.4. When effective.
This article shall take effect immediately upon filing with the Secretary of State.
r
DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERK SA SOU�� Box 1179
Odd Southold,New York 11971 Fax
REGISTRAR OF VITAL (631) 765-6145 Telephone(631)
76
STATISTICS MARRIAGE OFFICER
RECORDS MANAGEMENT www•southoldtoldtownny.gov
INFORMATION OFFICEROFFICER FREEDOM O pl�COUNT1,� ,
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-439 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 5, 2026:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 5th day of May 2026, a Local Law entitled "A Local Law in relation
to an Amendment to Chapter 280-Wireless Communications Facilities", and now therefor
be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Peconic Community Center, 1170 Peconic Lane, Peconic,New York, on
the 16th day of June 2026 at 6:00 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 an Amendment to Chapter 280
Wireless Communications Facilities," which reads as follows:
LOCAL LAW NO. 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280, Article XVII is hereby repealed in its entirety.
A new Chapter 280, Article XVII Wireless Communication Facilities is hereby adopted as
follows:
& 280-67. Purpose.
It is the express purpose of this article to minimize the visual and environmental impacts of
wireless communication facilities while protecting the health, safety and welfare of
Southold's citizens It recognizes the crucial role of reliable wireless coverage for work,
Page 80 of 115
public safety, education, social connection and recreation, and allows wireless service
providers to meet their technological and service objectives. In addition, the regulation of
wireless facilities, includinE the type of structure, is intended to protect the scenic and
aesthetic qualities of the Town of Southold while meeting the community's need for
consistent and dependable covers a This article allows wireless communication facilities in
certain preferred locations to be reviewed and approved in keeping with the Town's
existing zoning and historic development patterns, including the size and spacing of
structures.
THE ENTIRE PROPOSED LOCAL LAW IS AN ATTACHMENT TO THIS AGENDA AND
IS ALSO AVAILABLE AT THE TOWN CLERKS OFFICE.
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilwoman Smith
SECONDER: Councilwoman Doherty
AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty,
Councilwoman Smith, Councilwoman Suess, Supervisor Krupski, Jr.
NAYES: None
Page 81 of 115
DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERK Box 1179
Southold,New York 11971 Fax
REGISTRAR OF VITAL (631) 765-6145 Telephone(631)
STATISTICS MARRIAGE OFFICER 7
RECORDS MANAGEMENT wwwsoutholdtownny.gov
0
oldto
1
OFFICER FREEDOM OF
INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2026-439 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 5, 2026:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 5th day of May 2026, a Local Law entitled "A Local Law in relation
to an Amendment to Chapter 280-Wireless Communications Facilities",and now therefor
be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Peconic Community Center, 1170 Peconic Lane, Peconic,New York, on
the 16th day of June 2026 at 6:00 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 an Amendment to Chapter 280
Wireless Communications Facilities,"which reads as follows:
LOCAL LAW NO. 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280, Article XVII is hereby repealed in its entirety.
A new Chapter 280, Article XVII Wireless Communication Facilities is hereby adopted as
follows:
& 280-67. Purpose.
It is the express purpose of this article to minimize the visual and environmental impacts of
wireless communication facilities while protecting the health, safety and welfare of
Southold's citizens It recognizes the crucial role of reliable wireless coverage for work,
Page So of 115
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public safety, education, social connection and recreation, and allows wireless service
providers to meet their technological and service obiectives. In addition, the regulation of
wireless facilities, including the type of structure, is intended to protect the scenic and
aesthetic qualities of the Town of Southold while meeting the community's need for
consistent and dependable coverage This article allows wireless communication facilities in
certain preferred locations to be reviewed and approved in keeping with the Town's
existing zoning and historic development patterns, including the size and spacing of
structures.
THE ENTIRE PROPOSED LOCAL LAW IS AN ATTACHMENT TO THIS AGENDA AND
IS ALSO AVAILABLE AT THE TOWN CLERKS,OFFICE.
�L ��tl� I
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilwoman Smith
SECONDER: Councilwoman Doherty
AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty,
Councilwoman Smith, Councilwoman Suess, Supervisor Krupski, Jr.
NAYES: None
Page 81 of 115