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HomeMy WebLinkAbout4023 �L�.Cl.9rv�v�<.f) TLE'C°'D.tt.vlCr.6r Gsfl-i.Gi'✓ �:]zdb � �/IfS��l1-G�/Gn/ r%f /'�GN6�6�� �li.�lQ %6GrJ=� ��'� 8/�/�.z a� r�!{� 7�9/�� ��`F�/�h�E'iA-T/G:cf- ,QN-d �E/Eif7 ��o,�,rOC:� ��- Fj�i®y,! I �gUFfO(,�c 'APPEALS BOARD MEMBERS Off' D�j SCOTT L.HARRIS y.� Gerard P. Goehringer,Chairman o Supervisor H Serge Doyen,Jr. O ,F Town Hall,53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A. Villa �l �a Southold,New York 11971 Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4023 . CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII , Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: ( #415 ) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25) , Mattituck, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. WHEREAS, a public hearing was held on July 29, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for an Interpretation as authorized by Section 100-271(d) {1} of the zoning code appealing the March 14, 1991 Notice of Disapproval issued by the Building Inspector which states as follows: " . . .PLEASE TAKE NOTICE that your application dated March 14, 1991 for permit to construct radio tower and structure . . . is returned herewith and disapproved on the following grounds: Article VII , Section 100-81B site plan approval required by Planning Board & Special Exception required by Zoning Board of Appeals, Page 2 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Section 100-230 on height exceptions may require interpretation by Zoning Board of Appeals. . . . " 2. Proposed in this project is the placement of an accessory telecommunications (radio transmission) tower in the rear yard area at premises known as 415 Elijah' s Lane, Mattituck, identified on the Suffolk County Tax Maps as District 1000, Section 108, Block 4, Lot #11.3 consisting of 1.85 acres. 3 . The subject premises is owned by William Baxter, Jr. and others, and the applicant is the tenant, Cellular Telephone Company, a New York General Partnership (d/b/a Metro One) . 4 . The use of the proposed accessory tower and the rear concrete building for public telecommunications purposes has also been conditionally approved by Special Exception Appl. No. 4022, and the following information is noted for the record: (a) Cellular One is a public utility under the Laws of the State of New York and holds a franchise from the Federal Communications Commission to serve the public within the Town of Southold; (b) Cellular One' s FCC Franchise requires that Cellular One provide cellular telephone service within the geographic boundaries of the Town of Southold, providing a quality service consistent with the requirements of the Public Service Commission; (c) Cellular Telephone Co. will conduct mobile communications by radio consisting of mobile units either mounted in vehicles or hand-carried sending to and receiving signals from fixed base sites. Different frequencies are set between cells, and good overlap between cells will permit a better grade of service. Movement to outside of the range of the cell, would cause weaker coverage, and when a cell is missing, coverage is not uniform and service can drop. (See the sworn affidavit of Scott Fox, Director of Engineering for the applicant/company dated July 29, 1992 in which the steps in determining the necessary height of the antenna for a cell site are provided in detail) ; 5 . The structure which is the subject of this application is a 100 ft. high pole-type structure ( 96 ft. pole plus attached four-ft. high, 12-ft. wide antenna at the top) as shown on the construction diagram prepared by Juengert/Grutzmacher Architects, submitted July 27, 1992. This structure is free-standing (separate and detached from any other buildings ) . Page 3 - Appl. No. 4023 Decision Rendered August 18 , 1992 Matter of CELLULAR TELEPHONE (METRO ONE) 6. Section 100-33 of the Zoning Code specifically provides a height limitation at 18 feet for accessory structures. This restriction is applicable to the Limited Business and Agricultural-Conservation Zone Districts. 7. Height restrictions have always been less than 35 feet for principal structures, and 18 feet or less for accessory structures since the inception of zoning in April 1957. 8. During January 1989, a subsection was added for certain height exceptions under Section 100-230D, for: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty ( 220 ) volts. ( 2 ) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof and that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent ( 20%) . 9. It is, and has been the opinion of this Board, since the inception of zoning in 1957, that a structure which is free-standing and is not attached to the top of a building such as those excepted in Section 100-230D are clearly governed by the 18 ft. height provision of Section 100-33 . See the Limited Business Zone District, Article VIII , Section 100-81(C1 ) , which reads as follows: C. (Amended 5-9-89 by L.L. No. 6-1989) . Accessory Uses. The following uses are permitted as accessory uses and, except for the residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Page 4 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) (1) Any accessory use as set forth in and regulated by Section 100-31C(1) through ( 8) . . . , and subject to the conditions set forth in Section 100-33 thereof. . . " ; Section 100-11 does provide that where a provision or requirement which is more restrictive or which establishes the higher standard shall govern. 10. It is also the opinion of this Board that this structure does not fall under Section 100-230D which applies to television or radio towers or aerials attached to a permanent structure (such as CB, ham radio, TV antennas, and the like) accessory to the principal building and principal use of the property. It is this Board' s position that the subject pole tower is not a roof-type antenna and is deemed a separate, accessory structure. Accessory structures are governed by Section 100-33 in the Limited Business Zone District; and WHEREAS, public utilities have always been recognized by the Town to provide essential, unrestricted telecommunications services to and for the public, over, on and through its rights-of-way and its land; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that it is the Interpretation of this Board that the height restriction under Section 100-81C( 1) and Section 100-33 of the zoning code is applicable for all types of accessory structures, including those intended for telecommunications and other permitted accessory uses; and BE IT FURTHER RESOLVED, that a variance for a total height as requested of 100 feet for an accessory monopole telecommunications tower to provide utility services directly to and for public use, as applied under Appl. No. 4023, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The height of the proposed accessory monopole tower shall not exceed 100 feet, as requested, and shall not exceed the structural dimensions shown on the plan prepared by Juengert/Grutzmacher Architects dated 1-26-91, Job Number 9037-174 (unless necessary and approved for safety purposes) ; 2. The fall-down radius of the tower shall be "as submitted" with the following setback distances: Page 5 '- Appl. No. 4023 Decision Rendered August 18 , 1992 Matter of CELLULAR TELEPHONE (METRO ONE) a) 95 to 103 feet to the northerly property line; b) 69 to 62 feet from the proposed tower to the southerly property line and radius clearance of approximately 40 feet past the southerly property line over onto adjoining property to the south, also owned by William J. Baxter; c) 62+- feet to 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and the tower and equipment building must be continuously maintained in good condition at all times; 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as to the Planning Board under the site plan regulations, in order to re-consider this Special Exception and all other zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7 . No excessive (disturbing) noise levels; 8. Monitoring shall be as per FCC mandates; 9. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; 10. Written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Page 6 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Villa. (Member Dinizio abstained. ) This resolution was duly adopted with a quorum vote of the Board. lk GERARD P. GOETMINGtR, C7MkN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR 121/1� s/9 z -1,3,) Town Clerk, Town of Southold 1 � \ (� Phone 298-8833 MATTITUCK FIRE DISTRICT P.O. BOX 666, 1000 PIKE STREET MATTITUCK, LONG ISLAND, N.Y. 11952. July 29, 1991 Mr. Gerry Goehringer, Chairman Board of Appeals Town of Southold Southold, N.Y. 11971 Re: Metro One Communication Tower Dear Sir: It is understood that consideration is being given to the instal- lation of a Metro One Communication tower within the boundries of the Mattituck Fire District. Please be advised that the Board of Fire Commissioners of the Mattituck Fire District beleives that the Metro One Tower will be a vital , and necessary, link in the emergency communication system within the Town of Southold and will enhance the system' s capabilities throughout the entire County. Sincerely, John A. K� ect. attituck Fire ist. CC: ,Southold- Town Supervisor . Southold Town Board APPEALS BOARD MEMBERS `� �y' ,� �� SCOTT L.HARRIS - �Gerard P.Goehringer,Chairman " •' .',Y Supervisor ., Charles Grigonis,Jr. Serge Doyen,Jr. " Town Hall,53095 Main Road i . •. James Dinizio,Jr. P.O.Box 1179 . " Southold,New York 11971 Robert A.Villa Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Boas of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article XXIII Section 100-230 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No : 4023 Applicant: Cellular Telephone Co. d/b/a Metro One Location of Affected Land : 415 El.ijah's Lane, Mattituck, NY County Tax Map Item No . : 1000- 108-4-p/o 11 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments : Applicant is requesting peftfssq-nab n of .the March 14, 1991 Notice of Disapproval issued by the Building Inspector concerning a proposed 104. ft. height of a mono pole structure or ra =o transmission, and in the. a erna , - it requests—&- variance from the height restriction. Copies of Town file and related documents enclosed for your review . Dated : a.S4-92. S APPEALS BOARD MEMBERS yam^ p SCOTT L.HARRIS Supervisor Gerard P. Goehringer,Chairman Serge Doyen,Jr. i .�P. Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A. Villa _ <•� ;.;y� Fax(516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 25, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Appl. No. 4023 - Interpretation and Variance (Cellular One) Dear Mr. Smith: Attached please find .a copy of the Board' s determination rendered under the above application. . In accordance with the rules of the Suffolk County Administrative Code, the file has been transmitted to the Suffolk County Department of Planning for their response. Copies of this determination have also been furnished today to the Planning Board for their site plan file and the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning Mr. William J. Baxter MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664. William D. Moore Margaret Rutkowski Patricia C. Moore S6cretary Thomas F. Moore Of Counsel _ December 9, 1992 BY HAND Southold Town Zoning Board Southold Town Hall Main Road Southold, NY 11971 Re: Cellular One (Mattituck site) SCTM # ..1000-108-4-11.002 SCTM # 1000-108-4-11. 003 Dear Ladies/Gentlemen: Enclosed please find copies of the Covenants and Restrictions which have been filed in the Suffolk County Clerk's Office for each of the above referenced parcels. Very truly yours, ?I/ oore WDM/mr Encls. __ ti . DFC'1_,ARATION OF COVE;NAN'1-.S AND V ES f'I'1(.-I rc x1js DEC - 9 , i� This Declaration made the day cif tIod; MEr:(' 1992; by Willi, .t, Mixter, Jr. and Patricia residing at. 1030 East Putn;cm ,Avenue, 61rcc c'c•. is J% Connecticut, and Robert 11. Goeller and Jane P. Goell.er residing al 349 Midge Crest, ` ;v!ct:r Barbara; California (hereinafter referred to as "DeclaranIs") _WI'i'NESSI?-i'hI WHEREAS, Declarants arc the owners in fee simple of V,rtahi I)remises si6.mI,:. .1t Mattituck, Town of Southold, Suffolk Cciunty, New York,.descrihcXI rni the Suffolk C (iimi Tax Map as District 1000, Section .10R, Block 0': Ut I U ftnd bs.Anorc fully descril-.-O c1) the attached "Schedule A" and; WHEREAS, the Southold ,'}'m yn Z inhig Hoard of Appesils. by resolution mad- „It ' W10 August. 18, 1.992 granted special cxelcp ton 1i lip roval to,tho, C;el vkir 'Telephone Corrrl :cnv rI`� d/b/a Metro One for construction.:,nd use of a ioz foot motiohole. Jtl(Iio transmilsicm tc r c„I on property abutting the premises (k.ecrlhcd. in the attached Sclic rltile A, as shown oIi !Ire t attached Schedule B and, WHEREAS, the approval v`as co.nditione. .l upon the filing rrf certain covcnentF •f1,Id restrictions, (� v mr NOW, TI EIRE ORI:, in the resolutoll of lid Southold Twov.it - Zoning Board of Appeals, Declarants, herein cic.clare.tlrat the'laud described in.Scheclnle Bte 4 199?-� is held and shall be conveyed subject to the foll owing'coven<rnts and restrictions which shall run with the land: 1. No building shall be.constructed within the "fall..dca�vn radius" shown on the. "attached Schedule B , to the extent such*.radius includes':property within the premises Y _ described in Schedule A-. '['his covenant-shall not prcihihit the a : .ref the riffected alr. :r im parking motor vehicles. 2. These covenants and restrictions call be modified only ,II file re(luest of thc.rl-I'„ owner of the premises with the approval of a majority plus one of. the Zoning Board (11 1I1r• '['own of Southold after a public hearing. Adjoining property owners shall be entitlrd Ir, notice of such public hearing but tlieir consent to such modifications shall not be rc(iii,�~r1. IN WITNE7SS WHEREOF, the foregoing ljcclaration tw.s been executed by I he Declarants on the clay and year first above writteli. William i3a, er, Jr. CC Patricia Baxter STATE OF COUNTY OF rAtit:/.,,sry 1, On theb� day of before me personally came William J. Baxter, Jr. to me known to be the..individual described in and who executed the foregoing instrument, and acknowledged that he executed the:.same. q-1..t Notary Public TILVA U. FIB') cur iic, r,.iI-i.l l ..:r:, r.ry Cnrrm;ssicn Expires April 0, 1.996" sTA'rr of _04- COUNTY OF .=1 r�ti,: �r u•s� On the ?`7`�`day.of «ve►.��-�<' 1�92, before"me personally came Patricia Baxter to me known to be the individual described in and who executed the foregoing instrument, 'and.acknowledged that she executed the same, , Notary Public ]CLA C. FI^�1 Vnhry r'nbfic n.'rticid r'y f.ormi9,io? April 30. 1996 Robert fj. Goellcr (Jane P G(: cller ,r . COUNTY OF S'Ft raw Zoox' On the ,���,_r day of ' ' r l ))2; before me personally carve Robert Goeller to me known to be the indivrc:ual described in Arid whoexecuted the fc'regcrlil}; . instrument, and acknowledged that he executed the same. Notary Public GlornnaOl.ur COMM. ff,67,12P Notary Public-Culf[omia COUNTY SANTA BARBARA �JNTY _ . . . . I rµ Av ccrnrn.expira,1t1rJ IfS.19 ;i STATE Or ;. 'COUNTY OF S,.�„,�� ?✓�f�l,�:;,, On the :'f516: clay of , before me perscinally carve Janc l' Goeller to me known to be the individual described in and who executed the foregr,iii.}T;. instrument,and acknowledged that she executed the same, ,����fir. _ -L•'C'-I�rc.. ,•-`r.}�..1--•w-,.R4,.f(...,.n�;fM.t'#Kfl,c( ` Notary Public Gt(�r.,;,A <� # �({��� Nofnryp�l,li.•'r:crli( rn 1Y4,—Ilil'il- (.11PIlY - conxn � t.ir^a ll!f! IA,Iri:J,4 ' ° r i1 1 1 t AL,L that certain plot, piece or parcel of land; with the buildings atria improvements tlrc►-ml erec�cd, situate, lying and being ,it Mattituck, Town of Southold, Suffolk County, Stag, (if' New York, and being more particularly bounded and described w; follows: Iif. G1NNiNG at a monument located at the in'terscction of the. tivestcrly side of F,Ii I Lane and northerly side of Main Road (NYS Rt. 25); TFiENC'E North 84 degrees 45 minutes 40 seco nils West 395.38 feet along the north r v side of .Main Road to a point; TIiE,NCE North 85 degrees 36 minutes 30 seconds a distatiee of 91.49 feet to a monnnr�,rrr: TlI NCE North 85 degrees 30, minutes 40 seconds West a dis'lance of 69.74 feet t„ -, monument at the boundary of property now or formerly of Joseph Neville; "1 H NCE North 23 degrees 08 minutes 10 see( nds. West ,122.49 feet along said :latr.I ref Neville; TuIENCE South 77 degrees 06 minutes 00 seconds West 483.05 feet along other prop now or formerly of Baxter and others to a point along the westerly side of Elijah's. I THENCE South 25 degrees 09 minutes 1.0 seconds East 298.50 feet along the westerly `,rile of Elijali's Lane to the point or place of BE.-GINNING. r t ! 4t 1' t t t V - SCHEDULE A k =: { I s t y ( r S J I( Y� 1 •7 i rl�c�rc) C•Il 102 11.1 c3H r 101'0I..F Cy "c ; 0• .. � _tit[ �I; �l 10 4 I i ; �3 1 '��F.f) I)IJI.9ArrIII=U - --- � ':.• f � � • r.rlli , i i•i•ir=I I r � �. �II ,�. � �: � 11 � I � '"•-'f XIST. f III r HL UCK i rll/ I w4 3 C ff'►�'fif' �r�(,I i I �. —I ' 1' :',•� �' !� 'I y] � � 'ii� �� ' � �.. 1.I Cf,-� I � I I I,I ' I'� � r. � , ( � St`I��,.\11 I �.�, .I•��jl � y�I � �7�, 11 1 oo I i ' �� \ �•� •— _.:.,�� I it ` � ', - I 'PARK 1 4G /' J ( I fI t� tIrl, ' i E�.4`J}, F��� •�' {i�l'�I� 1 ,�I iC � ..%�4�. i �' �"L ! 1L� 11�1� %r• ^t � FUTURE COIlSTRUC:T 16 1- NOT PERMITTED W 1 TI>i.l IV:( TIT HATCHED AREA: SFIwyh ' I STATE OF NEW YORK) )Ss. : COUNTY OF SUFFOLK) I, the undersigned, an attorney admitted to practice in the Courts of New York State, certify that the within covenants and restrictions are a true copy of same which were recorded in the Suffolk County Clerk's Office on December 4, 1992 p A- WI L D. MOORE Sworn to before .me this 9th ay of December, 1992 . Aw . aA o NOTARY PUBLIC LYNN M. BARAUSKAS Notary Public-State of New York Suffolk County-No:472067 Commission Expires Jan.31.7 , r t , i 1 -- + ._ DEC DI_;C_1ARf\''l-ION OF COVEN nI'1'I'S iW1� .RE:i7I'lr : I Ir.rPi; 1I, This Declaratio n day � made the 11 of i_. 13 JEMg�r ;cuter, .Ir. and Patricia Baxter residing at 1030,E. Putnam Averme, (ireemvich, Col 1111•-•(;,-,)�. , anrd Robert.ft Goeller and Jane 1' Goeller. residing at 349 Ridj:c Crest,,-Santcr 111rl Califfr)rnia (hereinafter collectively referred 'to as,"[)cclarants") ITNESSL ,111. WIIEREAS, Declarants are the owners in fee simple of C".rl.ain premises silii:1i _}r Nattituck, 'Town of Southold, Suffc+lk County,'New York, described on tile.Suffr►Ik fit Tax Map as District 1000, Section 105.00,.131ock 04.00, Lot 1.1.3 and as more fully,de.srl Jl, rl in the attached "Schedule A" and, . i. ! WIIEREAS, the Scnrthold Town Zoning Board, in Appeal'hTn.4023 rendered Ail�j}i,.t lg, 1992 granted a height varianc ri 'the property described .in Schedule A to f...I mil n • (I(? cclnstruction of a 100 foot nionopol�� radio tower aid ! !c WHEREAS, the granting of the variance wits co 1.nditioned uI)ori the filing cif cei! a!n covenants and restrictions, NOW, '1Hi IZEFORE, rn cnnrphancc 1vItb' the re 'oluttcin of said Southold I �rti,n J. Zoning Board; Declarants,hereirrd�,clitre that ythe bind described ill Schedule A is licicl 1ar1 shall be conveyed subject to the fi�llrnwing covenants anc] restrictions which shall run i'II1 the land and shall be binding on �rll o«ner5, 'tc;n u1t5, heirs and/cal �lssil;ne DEC 4 IM 1. The Ileiglrt cif the prclp�ise(l: accessory tnotiopole radio tower shall note A00 feed, as requested; _ 2. The fall-down radius of the tower shall be as suhinitted, with.the following /�y setback-distances: 95 feet from the. ro o'sed tower tc�ahe northerly property line a) P P • . y1 1 y , t j b) 70 'feet. +- from the proposed towr..r to th(,-• r1ittlrcrly'prgper ty.list-•; c) 69 feet. from the rear wall of the accessory mu-story block;hnil('ti?1s'.. 3. Any future expansion for the storage of the telccoo-imunications C(Iml,ni-1 1 to areas outside of the existing one-story block Building located in the, rear yard will re�liir. further application for Special Exception consideration; and 4. In the event this transmission tower beCornes obsolete .or its 11511 P; diSC(lrltirlued for the tCICCUmntuniCtrtions purposes requested in this application, the tit 'r shall he removed within three nront.hs of its,obsolescence, and it shall he the responsil FI.N• of the owner, subsequent owners, sticcessors, assigns, and/or the applicant herein to con piv, with this condition, at their own expense; and = 5. No other structures, buildings, or uses shall occupv or he located .oii die premises unless furtlier application is made to this Board under this Special Exception. qr well as the Planning Board under the site plan regulations, in order to re-consider all ' (ming standards, including safety, health, and welfare standards and concerns; aiid P 6. Lighting shall he placed near the tole of the tower for aircraft safety puipi c and in. accordance with applicable I edera.f Aviatimi Adinir) 1:r•atiot) regulations : and requirements.. IN WITNE.SS WIIEIZEOI.,, the.`forcgo ing Declaration Na s been executed by tlr� Ueclarants on the day a.nd year first above written. William J. Maxlcr, Jr atricia 13; ter R6be t jlt i:oeller f r � J 1a.1 ......... J1 e i'. Cloeller CO[JN'I'Y OF I �► �..!?,.( — Oil the ?��' day of Nay ,:1,r Iha; �. 1992, before rnr. personally came �'Vllli.rill ` J. Baxter, Jr. to-mc known to be the individ(ral described in and who executed the fclrel,r)1Tir, instrument, and acknowledged that he executed-the same. N(�t�:ry �'ublic _� -- STATU' OF �Crrr 1._o c'�.0 r.l. COUNTY OF On the 1.3��1 day of l9c)2, before rile personally came t �(' l r r('I"l, Baxter to me known to. he the individual dcscr ibed in and Min executed the, foref�c ing instrunient, and acknowledged that she exccutecl tha e sne. Notary Public7. MARGANETE GRAMLICtI r, _. NOTARY �!'':!IC r' My commisslon expires f4arrh 31 1cag3 Y - t Y 5 � 1 , STAIT" OF COUNTY Ott tite "tC'f day of plvt.,r 1992, before me personally callie. R„I�,•t l Goeller to the known to be the individual described in and who executed the fore.gr,ir,)*, +; instrument, and acknowledged that he executed tlto same. Nol..)ry Public n.n►n,A,,.,ti,.n GLQRIA CCALIE ycr COMM.196742^ z Nctary Public-Caliwrnla D i �(.•j,6• S/1 . 141n nnattnRA cauraTv . _ = My comm.Axplrm.)UfJSTATI tti,IS96 - OF �LL` COUNTY OF�N�1�/a•/�Il_�u_�c �..` On the << ,•,; r ,:,r,,�. , day of 1992, before tTte personally came 1'. Gocller to me known to be the individual described in and who executed the fare r;ii.ng instrument, and acknowledged that she executed tile- same: G Notary Public �, w l: )P IACOute r vi.0'767427 . ;.� 1R I rJeh.v f ufillr-Cnllfgrhlti :X ( ` ," ^nNin r^�,NnRA CUUPflY ;rr .run.v ,rresJUN 18,1%10f �i,th. wry r,..r y-.:V"'T'•r,--^-r^"�"r',.�*�N.ht�f"�'!�'� - 4 ) F ' t 4 r' t , 1 fi s ` t^ ( t ` 1 r,\IQhnt c•ertnin piece, plot,o reel r..f land, will►the btiiltlntcj dt'Irl 4 ,vet,lc rlk sil'r,tr tl+,r(•0)% l:nci:rn n' rl d by 1.of 611 1t Certain rant) erltttictl +..;Kiel) Of 11 ii,miU�4 . ic,ttncllty l it,-z foi Willimn J. Baxter, ,Ir Ntricia Mixter., Robert P. (:rc+r11�� �ncl (tune F'. Ciodler" ^•il,,:,l„il L r Tvf+ttitucl:, Town r,l Sotttllnl<i; Sttffr,lk County, New YMI, `r1t�I �I fiJ,� l o'Ole (aff,cc r. ++f the (_'nnnty of StifFi• k orl fv1ny cl � I` +-it ;;�rnc+tc� h�rlicul +l 16'.{,i•,,,+rl, -1 An►.1 di!,scrihecl an fol.lowA'I ; 1-3RGINNIN(i at 11 I+t itlt oll Ow westedy Qidc (.,f 1;1111t1.11, Lt�6 point bctl)f� ttn,thr-rlN? front tits itltet:;[cLir.)n of the flolthe'liv. 'Irnc of ll,n`141 (mew Yorl' `;Inl, 25) 1111d tine westerly Iin6 r+F Eltlnb ^ I..tltt.c, said poittt•:ttlso bc�'irt�t t1�r r';�►ulhractcrly i•,,rrt I I r, jl n: ithown on the Mforenictlttr+nc+l 1n1tp; Renninµ .11t�►ncb 1. tr�t)r l i ;(?G'ul1 «'c�t n1,+,, !coutl ,tly line of T,ctt.?,:41t13;t)S fort Icy la )r3 na:u nr.f<a.mcrl ' rlrt> ' I'�h Nr:vil)c; 1?nnitil�c, ti 1 , TJnt th ?.t' 08,10" VVesl al:ntig said Iltltrl.;t9.�1 feet !rt n Ix)tttk Itinrfl tlg thence North ?z° I Well still niong said In' cl n.itd p .tii.nlly nlon 111ttci t c%� ni-;1� f ttetl +�Icl� tha Lounty elf 0�tll II' i I'I ll t• 10IA 7 feet to it Fxtitlli 1tonhing iheiii_c North 70' O'Sba,l �� h r+t1j� I�rit1 tlaw or f'ornterly 1" I the ' ',I I County of Suffolk,lnrui yi6% br foryll" C1lnntr, Jn Cliailant�M l �id t`I�l,I': r)r fr�t7ncrly t.:c+tnrl„',� 1 1l astrrtl, 475.60 feet to flt� (�egtetl` line of Flijith'�t l,ttit�, fiii`ifz►�f�g t1i4r1cc South 25' I)p Ir1' I;,t t 197.50-feet to Ntc p6itlt tat face rl t31 31NNlN(; • II I' , R I� 1411 ' � � t I I - - t I I i I II j'I 1 k , 1 _I)� I fl r�l II it i I I I Aj s �' 1 5C11E1)ULPs A jC,,1 I I ,, I � I - � ' 4 1 1 1 '• � I' �1 � t I ,'— � J 1 t ll I STATE OF NEW YORK) )ss . : COUNTY OF SUFFOLK) I, the undersigned, an attorney admitted to practice in the Courts of New York State, certify that the within covenants and restrictions are a true copy of same which were recorded in the Suffolk County Clerk's Office. on December 4 1992 . W '111AX D. MOORE Sworn to before me this 9th day of December, 1992 . /)922:)J NOTARY PUBLIC LYNN M. BARAUSKAS Notary Public State of New York Suffolk County-No:47206 Commission Expires Jan.31 P t 1 vi­ APPEALS BOARD MEMBERS , ",� ~ SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman :a rya rat Town Hall,53095 Main Road Serge Doyen,Jr. ; r � P.O.Box 1179 James Dinizio,Jr. ``''r Southold,New York 11971 Robert A.Villas Richard C. Wilton �' '�° `g� Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 14, 1992 William D. Moore, Esq. Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952-1424 Re: Cellular One, Baxter and Others. Telecommunications Use and Tower at Elijah' s Lane Dear Mr. Moore: Please accept this as a follow-up to% re-confirm that the Declaration of Covenants and Restrictions'-,'must be corrected at paragraph 6 by deleting the words "if any. " This would then conform to the Board' s resolution, adopted on August 18, 1992. Once the Declaration has been revised to conform with the above and our previous letter mailed to you on October 9, 1992, and recorded .with the County Clerk' s Office, we ask that you forward a conformed copy to our office for our permanent recordkeeping. Very truly yours, Linda Kowalski P.S. The Chairman has indicated that the hours for the lighting to be on is 4 p.m. to 6 a.m. daily. cc : Mr. and Mrs . William J . Baxter 1 APPEALS BOARD MEMBERS ^Yid,�'}' "'" ,-r� SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman " e ' Town Hall,53095 Main Road Serge Doyen,Jr. James Dinizio,Jr. _� ;'. Y ,�,; P.O.Box 1179 Robert A.Villa '� Southold,New York 11971 :" � � Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD / ob October 8, 1992 William D. Moore, Esq. Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952-1424 Re: Cellular One, Baxter and Others Telecommunications Use and Tower at Elijah's Lane Dear Mr. Moore: This will confirm that the Declaration of Covenants, which was required by the Board at the time of rendering its determination, is acceptable, except however that the "in perpetuity"clause should be added as well as a clause binding all owners, subsequent owners, tenants and assigns. Once the Declaration has been revised and recorded, please forward a, conformed copy to our office for our permanent file. Very truly yours, Linda Kowalski E, E. 1, s L r �\ COUNTY OF SUFFOLK SEP 1 51992 ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September 10, 1992 Town of Southold Zoning Board of Appeals Applicant: Cellular Telephone Co. d/b/a Metro One Mun. File No. : 4023 & 4022SE S.C.P.D. File No.: SD-92-11 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 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. A decision of local determination should not be construed as either an approval or disapproval. Comments: Restrictions are necessary for public safety purposes. Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb H.LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE, NEW YORK 11788 ■ (51 6) 853-51 92 PAGE 30 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 APPEAL # 4023 AND 4022SE Applicant(s) : Cellular Telephone Co. d/b/a Metro One Location of Property: (415) westerly side of Elijah's Lane and northerly side of Main Road, Mattituck, NY County Tax Map No. : 1000=108-4-part of 11. The Chairman opened the hearing at 7:50 p.m. and read the Legal Notice and application for the record. Member Dinizio left room for this hearing. CHAIRMAN GOEHRINGER: Mr. Smith do you have -any objection if I open both hearings at the same time. I know you want to address the issue of one particular hearing. . MR. ALLAN SMITH, ES I do not mind Mr. Goehringer, as long as you allow me to reserve the" points made in my correspondence to you, that we have a standing 'objections to the opening of the Special Exception. We _ believe that that has been resolved and was finalized between the parties. CHAIRMAN GOEHRINGER: Okay. Thank you. We have a copy of a new site plan that we have just received on July 27, 1992 indicating the major concerns of the Board through the prior, hearing process and ' they are still indicated and after a discussion with attorney Bill Moore, they shall remain and have remain, thank God. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We. are all set Mr. Smith, I apolieLze for the timely, that it took to read the Legal Notice. MR. SMITH: Thank you Mr. Goehringer, thank you to the Board for the opportunity to again appear before you. As a preliminary matter, I have reduced the testimony of the professional that is involved in the height issue to writing. And, I will submit his testimony and he will also speak. Additionally from a previous hearing, you had before you Mr. Papay, who is the structural engineer, although I do not intend to have him add to the testimony that he. has previously made in this matter should, in the context of the height consideration, an issue arise with reference to structural safety of the tower, he can step forward and answer those questions. I will pass up his. resume and Mr. Scott Fox's testimony. CHAIRMAN GOEHRINGER: Thank you. (Mr. Smith hands up papers.) *Six is fine. You owe me one more. Oh, we do have it, I apologize. MR. SMITH: Mr. Goehringer, I would renew the motion, if you will, that is. contained in various correspondence that I have sent to you over the PAGE 31 ` PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. SMITH (con't.) : past several months. That !in fact, in that this is a radio tower, as has been defined by the judgment between the parties, which is now pliant as between us. That the exemption contained in your code for heights of such structures makes the hearing on a might inappropriate for this evening. In support of that, I will file with the Board several documents. One is the certification of Mr. William Moore relating to a record of the Southold Town Planning Board relative to the review of the NYNEX tower that was built up by the dump, wherein, you will see the. following language: "height of the tower exempt from the variance under Section 100-230(d) of the Code ,of the Town of Southold", which is the section I have cited .to you in several pieces of correspondence. Secondarily, I will offer to you a certified copy of the final judgment as between the parties, ,which in its findings defines this particular tower as a radio tower, which is the language used in that particular section. Additionally, I would offer copies of the action � of the Board with reference to _the NYNEX Mobile, excuse me, NYNEX Mobile Communications application . with Arthur V. Junge, Inc. , which additionally reinforces the position that the hearing this evening is unncessary and inappropriate. (Hands up documents) . Is the Board prepared to make a ruling as to whether or not . this particular code section has absolute power? CHAIRMAN GOEHRINGER: No,. I have had a discussion, well, firstly, let us go back to square one and just discuss the situation entirely. ' And I do feel badly, okay, and I know Mr. Baxter is here and I have known Mr. Baxter, in fact I was fighting a fire on his property and I had seen him this .past him this past summer, being a member of the Mattituck Fire Department. Originally, this application came before us and we were processing the application as if we were going to , approve the application. The main concern of the Board was that, we no longer had a more intensive business use, we now had'a lesser intensive business use, as of the new inception of the .new Code in 1989. And that's were the concern came to be. I am going into this issue. Now, from that particular point on, there was litigation. The Town lost the litigation. We are at this particular point now dealing with a reaffirmation so to speak. When I had a discussion with Mr. Moore ' on the telephone approximately a week or so ago; he asked me the reason for the Special Exception, I'll get into the height in a minute, okay. And, I told him at that particular time that we would like to incorporate everything, get it all nicely done, packed up and dealt with so that we know exactly what we are dealing with at 'this particular time. And that .is my particular feeling on the whole situation. In reference to the height, I had a discussion with him on the phone,• and it is the same discussion and I bring that to the record that one of the major concerns and you did a very superlative job in presenting this application the first time around. -And I did feel very badly about ruling against it, okay. And you indicated the need for fire and emergency services over this telephone system. And, I realize that it's -of extreme importance in the rural area that we live in. At the time same time, being a fireman in the Town of Mattituck or the Hamlet of Mattituck for some twenty-four PAGE 32 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER (con't.): (24) years, I' have also gone to many plane crashes of planes that have never made it to or from Mattituck. It is not a , landing field, it is not an, whatever you want to call the airport so to speak which is, and that is what our immediate .concern is. I did mention that to Mr. Moore. So, not withstanding the fact of our opinions concerning should we be here or _shouldn't we be here tonight, we're here to complete the process. I am not here to rule against this, I am not here to put stumbling blocks in the way of this particular situation. The fall down area is there, we don't have to drive to Laurelton to see the antenna, because I assume it is similar to the one that NYNEX has constructed and so on and so forth. We are merely here to ask two or three questions and deal with that, I am in any case, I have no idea on how the rest of the Board, so I can't answer that question at this point. MR. SMITH: As long as I reserve my rights, I am ready to go forward. Our position is that the height. issue was exempted by your Code and you respectfully disagree, that's what makes horse races. So let us go on. CHAIRMAN GOEHRINGER: Does that answer your question? I didn't want to be in a round about matter in this situation. MR. SMITH: I have answers for the questions that you have raised and I intend to share them. Going forward, I would like with the permission of the Board to incorporate the testimony of the prior proceedings into this proceeding. CHAIRMAN GOEHRINGER: No problem. MR. SMITH: I have provided you with a certified copy of the Order.. I should offer, although I sent down to you by hand, the drawings S1 and S2 that came' to evidence to this hearing. Lastly, I would share with you the FEA determination, which was an open issue last year and has since been decided. I guess that while -I am introducing things, the other thing that I would . put in and I am not sure I put it in this stack, but I will get it for you. We do have a letter at this time from the Mattituck Fire Department confirming the advice that I gave you in the earlier hearing relative to the telemetry of the head, I guess it is the head .of rescue. CHAIRMAN GOEHRINGER: And the ambulance. MR. SMITH: And .ambulances; Last time I did this verbally, -this time I put it in writing. CHAIRMAN GOEHRINGER: I had discussed that issue with the Chief, who at that time was Norm Reilly and he had indicated me, of course, we have a new chief, Chief George Lessard and he -had indicated to me that since the construction of the antenna at the Highway Dept, the Fire Department has not had a problem with transmission. PAGE 33 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. SMITH: The experience that has occurred; although I am not a witness, I am "a volunteer, the experiences that have occurred and one we have needed the celluar services have been- on those occasions of having to establish a command center, such as for the brush fires over on Riverhead-Moriches Road for the Eastport ' Fire House and/or with reference to those, volunteer ambulance services that provide a AEMT services and they need the telementry all for the EKGs through the County system out to I believe it is South Side or Mather, where they get obstruction on dealing with heart patients. With that being said, I will introduce you to Mr. Scott Fox, as - you can tell from Mr. Fox's resume, he is the chief of engineering and can explain to you the issue . of height as it relates to this type of a service. Mr. Fox would you explain to these folks how: this works, why it has to be the height it has to be. MR. SCOTT FOX: Good evening Mr. Chairman and members of the Board, just in very simplistic and- to start the discussion I wanted to just reiterate, I know it has been on some of 'the prior record, but just in . Very simple terms, celluar telephone is based on a radio technology. It is very much radio based. Radio waves at the frequency. that we are talking about travel line of sight. In our business, unlike many other businesses, we, the optimal height of the antenna is critical to the success of this system. And by optimal I don't mean the higher .the better. In our case, we need to be at a certain height, that is high enough to provide coverage of the community, yet not too high so as to cause unwanted coverage, which we would refer .to as interferrence into adjacent communities. Basically, celluar again works on the premise, I think you probably heard the term in previous testimony of frequency reuse, where cells sitting right next to one , another use different frequencies; and maybe the next cell over uses yet another frequency. And the next one uses that same frequency .again. So basically, again height is a ,critical requirement for the proper design of the celluar system. In our case, I am very, very much familiar with this case, the design criteria is to provide what we call overlap with the adjacent cell which is the Peconic cell site. We also refer to this as Southold Cell Site. to the northeast of this location. It is about' four point two (4.2) miles, I believe from the Mattituck Cell site. Again, the design criteria is to provide just enough signal strength so that there is sufficient, overlap to ensure a hand-off to the next cell. And, one of the things that I wanted to stress this evening is that again unlike other technologies, it's in our best' interest not to be too tall. Too tall is bad for us, and so we have every incentive to be at and designed for just high enough to provide what we., call that effective hand-off. As you are traveling from community, or as you are traveling down a roadway, or as you are 'walking from place to place, as you walk away from one• cell site, the signal tends to fade, very much as if you are driving outside of the coverage area, say from a FM station. The signal gets weaker and weaker and weaker to the point where it becomes unintelligible and it no longer provides the information that you need. At celluars designed such that the next cell site provides a hand off PAGE 34 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't.): and allows that continuous conversation to go on. As part of my submittal for the record before each of you is part of our analysis. The engineering process is an iterative process. We start at low heights, we look for again, the optimal coverage, yet we don't. go beyond where we can achieve that objective. In the case of this, there were a number of enervative steps through the process, but for the sake of the explanation this evening, we've detailed four separate cases. We've looked at the Mattituck Cell Site operating at thirty-five (35) feet. And it is clear from our analysis and also again the Attachments to my presentation .this evening, which you have in front of you, that it does not provide proper overlap with the adjacent cell sites. The next case has shown there is an analysis performed at fifty (50) feet, again it is very clear through the analysis, not quite enough coverage for the purpose of this cell site. Seventy-five (75) feet again, the same case. And then if you look, again it. is -Exhibit"A", I believe in the package: It is the one on top, you can see the coverage shown for the hundred foot proposed height'. To us this is the optimal height, we do not require any more than a hundred feet to effectively provide a quality signal to .the community. And it truly will not work to the quality levels that we need to provide to the community at anything less than one hundred (100) watts. . Thank you: CHAIRMAN GOEHRINGER: Whom might I ask in the field of endeavor that you brought for us, the question of any disturbance caused by this transmission tower. MR. FOX: I would be glad. CHAIRMAN GOEHRINGER: We are, of course, in-the world today of the East. End and I can remember thirty (30) years ago and we did not have Cablevision, and that is- the reason why one of our members has left because he does work for a cable organization, alright. And some people still have regular antennas on their houses, some of them have FM antennas•, some of them CB antennas, and so on and so forth, okay. Is there any interference with these? MR. FOX: That is a very good question. The FCC gave that very very careful considersation when allocating us the frequencies that we operate on. . We take great pains to properly engineer our .system. I can state, just by way of example, I hope this would address the concern. Interference can happen, however, we are currently operating well over six thousand (6,000) transmitters within the New York/Metropolitan area with no known reported cases of interference. And we as a matter of- fact have a letter from the Federal Communications Commission stating, this. It is part of the mandate of our license that we operate on an interference free basis. ' And, again, it's attributed to the engineering and as well as the setup. And the designation of the frequencies by the l • PAGE 35 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't.):Federal Communication Commission so as there is no overlap between adjacent services. We have our own unique frequency on which we operate we are the only ones allowed to operate on it, and we maintain as required by our license very, very strict tolerances to those operating parameters. It's just day to day business, it is what we do. CHAIRMAN GOEHRINGER: Two other quick questions, the approximate or the exact height of the tower itself is one hundred and four (104) feet? MR. FOX: No, to the tip of the antennas, it is one hundred (100) feet. To the very top of the highest point, it is one hundred (100) feet even. . One hundred (100) feet, nothing more than that. It's a very highest piece on the structure. CHAIRMAN GOEHRINGER: I don't know if it was NYNEX or if it was Celluar One, we are referring to as 'Celluar One. now or Metro One, or doesn't make any difference. MR.SMITH: Same nose and face. CHAIRMAN GOEHRINGER: We have two antennas that are going up like this on one or two of these units,. is this similar to the one that would be constructed here. MR. FOX: Not in this case. CHAIRMAN GOEHRINGER: It will be a flat top. MR. FOX: It will be a flat top, it does not have, .like the night . . . I observed the NYNEX tower, they do have an antenna- protruding from the top of the structure, not at all is the case. We have nine (9) antennas around the base of the structure, that is it. CHAIRMAN GOEHRINGER: Similar to the one in Calverton .or somewhere up the Island. MR. FOX: I am not familiar with that one. CHAIRMAN GOEHRINGER: Okay. And the wind resistance--150 mph wind? MR. FOX: Mr. Papay is' here to address, any of the concerns therein, I believe, that it's spoken to in the past, however, I am not the expert there. CHAIRMAN GOEHRINGER: Very good. Thank you. MR. FOX: Thank you very much. MR. SMITH: Do you want me to have Mr. Papay address the. . . . PAGE 36 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: Yes, just address that for anybody here that is interested. MR. SMITH: Mr. Papay I believe was sworn the last time he was here. He is a professional engineer of structures. It is his type of thing. MR. PETER PAPAY: Good evening. As I had stated previously, the design of the manifolds or other towers supporting antennas is decreed by a national standard. It has been adopted by the American National Standards Institute. It's entitled, actually :it is numbered 222 current division Where they set forth the design speeds for the design of tower's manifolds. For this portion of Long Island, the design wind speed, or sustain speed, 'now would �be 85 mph. Celluar One has opted to design air towers or manifolds for a wind speed of 100 mph. These wind speeds are not gusts, these wind speeds are sustained speeds or the wind that would occur over a mile or more in time or distance. It will sustain gusts of higher than 100 mph and that "is incorporated within the design itself. Due to conservative and the .mechanics of design, it will sustain winds of even greater than gusts of over 125 mph. CHAIRMAN GOEHRINGER: Thank you very much. MR. PAPAY: Your welcome. MR. SMITH:Mr. Goehringer, the young man that gave you the engineering ease, he said it differently the last time we were together, I believe we asked him whether or . not could it blown over, he said, of course anything made by man can be blown over, but that our concern at that velocity is not the tower coming down, it's- your neighbor's car blowing through the side of your house. So, they are built to withstand the hurricane forces that we may see out here on Eastern Long Island. I would like the professionals answer any other questions you may have. CHAIRMAN GOEHRINGER: My only other; I have two other quick concerns that maybe you might not want to sit down, but then you can address them. Assuming that some time in the future, Metro One/Celluar One no longer wanted to lease this property, what would happen to the tower? And what would be the timely fashion of removing'it? MR. SMITH: Yes, I can probably .address that. I like to, yours is not the technology question, but it is the lease that he may have with Mr. Baxter's finite. I believe that this particular lease, although I'm not sure I drafted it, it is a ten. (10) plus ten (10) or twenty (20). The lease language states that the tenant will restore the property to it's condition prior to their entering onto 'the. property. I'm not sure if Mr. Baxter or his heirs would want us to put it back the way it is today, but I can assume that the tower would come down and the building would be restored without the equipment in it. CHAIRMAN GOEHRINGER: And the only other concern I have is that little PAGE 37 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER (con't.): word in the Code which refers to primary, secondary. Would we construe this to be a primary use on the property since it is the newest use, or the use that will be continually used? Or would we construe this as an accessory use? MR. SMITH: Well, I'm not sure which it is, because it is not an issue that I've analyzed for - this particular presentation. I can only say that the use of the property, now as a Special Exception use, is the issue that we have already been through in this particular instance. And whether we have done it rightly or wrongly, I don't think fault to right or. wrong is the issue, that is behind us. The property is identified as a property upon which its use can be, however characterized and the remand of dusty soil, is for the puposes of considering height. And beyond that,. I am not sure I can comment. In the abstract, I. could analyze for you those things. As a professional, . I don't have to here. I have a decision, I have a judgment, the judgment is final. It is not a question anymore. Thank you sir. CHAIRMAN GOEHRINGER: Thank you. I will be right with you sir. Does anybody have any questions of either one of these or any of these people? MEMBER VILLA: Yes, I was looking at-. the attachment, Exhibit "B" I . guess it is, Attachment "A & B" where you've got the different heights,, diagrammed here with the towers with at one hundred (100) feet and seventy-five (75) feet. It doesn't really appear to be that much difference between the hundred foot and the -seventy-five (75) foot coverage, you still have areas that aren't covered by either. And what surprises me is you say you don't want to much overlap and yet, with the seventy-five (75) foot height, you come right up to the Southold cell, With the hundred foot height, you really don't show any more coverage to that east side, which doesn't seem to make much sense: It would appear to me that the seventy-five foot height would pretty much satisfy your desires here. MR., FOX: I would be glad to address that I don't know .if. . . If you look closely and again, our design criteria is the minimal height necessary to meet our criteria. If you look very closely, at the seventy-five (75) foot model, you can see that there is a stretch along Route 25 that does not meet the criteria. Also, I would say that again the contours are shown, they are -not circular, as you might expect from a set up like this and that is because of, the varying terrain. Terrain obviously limits radio. And so, it is not.-possible to cover everywhere you want to. We can't control the laws of physics and get the signals to go exactly where we want and exactly where we don't want them to go. But, I can" tell you though very specifically, the decision looking at the seventy-five (75) feet is that there is .a stretch of Route 25 that just is-not covered, just does not meet the criteria. If you go upwards from that, just .-a bit more to the, hundred foot level, again you can see by the Exhibit"A" that that criteria is. met through the communities major, major highway, where the majority of the traffic is at least and PAGE 38 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't): emergency vehicles predominately travel. As well as, again overlap between cells is not by itself undesirable. What the objective there is there is really no need for too much of it, anything beyond that becomes undesirable. So then to answer your question directly, if you look closely at Attachment "B", you can see that the Neg 85 DBM contour which this represents, just doesn't quite match up there. North and south, again, we could go higher to' cover those areas and cover everything, but it gets to the point of diminishing returns, it gets to the point of where it starts interferring in other areas. And, so it is a process of trade offs in the engineering criteria. And, again I would state it's very clearly in our benefit to design just up to the height necessary to cover the target area. So, again, you can see the differences between the two. MEMBER VILLA: That leads to a question--what would be the minimum height that you need to cover that gap on Route 25? " Twenty (20) feet off the tower would possibly bring it down almost a tree height, which would be less visibility. We're in a rural atmosphere, and we are trying to keep it that way and you are starting to spring these towers up all over the place. And, you know, we are going to end up looking like windmill farm. MR. SMITH: Mr. Villa so that we don't get an assumption in here that may or may not be correct. ' In asking Mr. Fox to prepare for this evening, I had him focus because we were talking about Southold and Southold people, but providing service with the south. You see to do the map modeling for you relative to the given site, you need Southold, which is Peconic. You gain the advantages of Southold folks probably the tower at Northville, it was involved .with the Laurel side of the line. I understand your concern, but to adequately address it and if you want .to talk about dropping the tower height, you. have to also ask what the effect of that may be with reference to the tower to the west. I am not cutting him off, but he should be reminded that although I have asked him to couch his testimony in terms of Southold Town, in answering this question what you do in going from a hundred to. ninety-five, ninety-eight (95, 98) whatever, has an effect upon the coverage and/or the efficiency required by his licenses to the west. And with that caveat I have a little problem with his answering the question. MEMBER VILLA: Well, to throw it.- back in that aspect, I would like to see the coverage then from the west and how it effects this cell as well? (Tape changed) MR. FOX: -'Well, again, it is a very good question, and I appreciate council indicating as is very much the case, celluar design is very, very complicated. Not overly so, such that professionals can deal on the field can understand it very straight forward. However, in this case it's not possible, looking at the situation and the situation within Southold, we need sufficient overlap to hand off between cell PAGE 39 PUBLIC HEARING : SOUTHOLD ZBA 7/29/92 MR. FOX (con.t.): sites. To go below one hundred (1.00) feet, falls below the design criteria for the quality which we are required to provide. There are again certain tollerances in this criteria, however, it would not be in the community's best interest or ours to construct a single cell site within the community that doesn't serve the community at really what is known through the industry. as an acceptable level of signal strength. Further, again we could easily argue that we could lower the height of any towers, that is possible, I have been asked that many other times, can you lower that tower, the answer is yes. But, to provide the same quality of service as mandated by the FCC, it would require additional towers, additional burden to the community to have to go through a similar hearing as this. The issue is, I think, very straight forward for us, .from the engineering perspective. At this particular height, at this particular' location to provide a quality signal to the location, to the target areas here,- we do need to be a hundred feet. It takes more to build a higher tower, it costs more. We are very, very much sensitive. At Celluar One are part of the communities all throughout the areas we serve. We're sensitive to these issues, we are sensitive to the community. We understand that the lower the better. That is in our best interest, the lower the better. And this is thoroughly been looked at. I can assure of that. It is a very very good question. MEMBER VILLA: Isn't this designed although for a hundred, foot pole to standard kind of design? MR. FOX: I don't know what you mean by that, a standard kind. ... . MEMBER VILLA: I mean a hundred foot is one of your standards that you use. MR. FOX: Not necessarily, not necessarily. You know, even numbers tend to work out, it could have been. . . . Again, we are talking about degrees of differences. It could have easily have been a hundred and five feet or ninety-nine feet, but, again, I am not exactly sure how many different iterations were looked at. But, again, as shown by the Attachment "A", .it does meet the criterion. If we could go lower and trust me in, when I say that we would, because of the cost and the time, and all of the other issues, but from the engineering prospective, again, one of the objectives is to -'cover the main roads, the community in which we serve and the hundrd feet level meets that objective and that criterion. CHAIRMAN GOEHRINGER: Thank you sir. MR. FOX;. Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody else, I know you want to ask a question back there sir, I will be right with you. Oh, you don't .want to ask a question, oh okay. Is there anybody else who would like to PAGE 40 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER� (con't.): speak in favor of this application? Anybody like to speak against this application? Any further questions from, any Board members? Hearing no further questions, I will make a motion closing the hearing and reserving decision until later on both hearings. MEMBER GRIGONIS: Second.- All in favor - AYE. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 7/29/92) ZONING BOARD OF APPEALS � TOWN OF SOUTHOLD I Oe . 71� - - - - - - - - - -X In the matter of the Application of Cellular One for an Interpretation and/or AFFIDAVIT a variance concerning the height of a monopole structure at Main Application No. 4023 Road and Elijah's Lane, Cutchogue, New York - - - - - - - - - - - - - - - - -X STATE OF NEW YORK ) ) ss. : COUNTY OF SUFFOLK ) SCOTT FOX, being duly sworn deposes and says that: 1. I am the Director of Engineering for the applicant Cellular One. Attached hereto (marked Exhibit A) for the Board's reference is a copy of my professional resume. I am fully familiar with the site under consideration. The facts and opinions recited herein are from my own knowledge and based upon the files of Cellular One reviewed by me. 2 . The issue before this Board is the appropriate height of the proposed monopole at the intersection of Elijah's Lane and Main Road in the hamlet of Cutchogue, New York. 3 . The previous hearing before this Board established that the applicant, Cellular One is a public utility under the laws of the State of New York and that it holds a franchise from the Federal Communications Commission to serve the public within the Town of Southold. Cellular One's FCC franchise requires that Cellular One provide cellular telephone service within the geographic boundaries of the Town of Southold. The regulatory mandate for this franchise is that Cellular One provide a quality service consistent with PSC requirements. It is this standard which has determined the height of the monopole in question. 4. The efficiency of the subject site is a function of the "coverage" of the adjoining Southold site at P onic. The site at Peconic is a given for this analysis. The most westerly portions of the Town of Southold are covered by a site in Riverhead at Northville. 5. To understand the efficiency of the subject site requires that the members of this Board understand certain basic concepts of the technology attendant to cellular telephone communications. Cellular Telephone is a method of mobile communications by radio consisting of mobile units either mounted in vehicles or hand- carried sending to and receiving signals from fixed base sites. The sites are engineered to cover a very limited area so that any particular cell will cover the local area but at the same time will not interfere with another cell operating on the same frequency some distance away. Neighboring cells operate on a difference frequency set to provide a buffer between cells of the same frequency. This concept, frequency re-use, allows the necessary system capacity to be achieved which is required to provide a quality GRADE OF .SERVICE to the public. If the coverage between cells provides good overlap, a customer can move from one cell to an adjacent cell through a process called "HAND-OFF". As a customer making a call in the vicinity of a cell moves about and, as he or she begins to move out of the range of the cell, the coverage becomes weaker. (An analogy of this is a television reception on the fringe of the stations coverage area) . When this happens, the call transfers (hands-off) to the adjacent cell, if that cell is present and has a channel available for use. To establish the necessary distribution of cells and to help insure that coverage is uniform, cells are located through the use of a hexagonal grid pattern. When a cell is missing, coverage is not uniform and service can seriously deteriorate in that region. Customers typically hear noise, popping, crackling and other interference. The quality of the call can become so poor that it finally terminates through a process known as a "Dropped Call". 6. The height of the antennas for a Cellular Telephone Cell Site is determined by a process of which the following components apply: 1) Establish the proper general area for the site (known as the "Search Area") ; 2) Estimate the appropriate height for locations in the "search area" by use of computer modeling tools; 3) Locate candidate sites; 4) Examine the terrain and land cover features in the region; 5) Using computer modeling methods study the potential performance of the candidate cell; 6) Analyze the predicated performance of the site, determining if it will provide quality performance. 7. The determination of the search area is crucial to the process. It is determined by inspection of the grid, a partitioning of the Metropolitan Service Area (MSA) with uniform hexagons whose size is appropriate to the performance of the cellular system, and by use of the performance statistics collected within the switching system. 8. Computer Modeling Tools which use physical principals to calculate the coverage of a given height at a given location are made using a data file of ground elevation which have been determined from maps published by the United States Coast and Geodetic Survey. Ground cover is determined mostly by physical inspection of the locality. Cellular One uses computer modeling tools written by several companies. The primary one has been prepared by LCC, Incorporated, a company that does cellular telephone systems design and frequency coordination throughout the radio industry. 9. The predicated coverage information is analyzed to determine the optimum height needed for the site. Proper balance is sought between the widest coverage and the minimum interference with the operation of other cells and cellular companies. In the case of the North Shore of Long Island, the several cellular operators in Connecticut are affected when a Cellular One site is not designed well and interferes with cells in their territory. The reverse case is, of course, true. Minimum antenna height is crucial in controlling interference. If the antennas are place at a elevation which is lower than optimum, coverage is reduced and more sites will be required to provide reliable service. Therefore, an optimum height is selected integrating reliable coverage and minimizing interference. 10. In the case of the proposed site at Cutchogue, an assessment of the relationship to the site at Peconic was made. The distance from the proposed location to the Southold (Peconic) site is about 4.2 miles. This requires a cell radius of just over 2 miles. The computer modeling study results are attached as Exhibit B with the coverage contours of the cells traced on a map. Attachment A indicates contiguous coverage with overlap, indicated by hatching, with the tower at 100 feet. At 75 feet, shown on Attachment B, the linkage with Southold (Peconic) becomes weak and at 50 feet, shown on Attachment C, calls can be expected to be dropped. At 35 feet, shown on Attachment D, the coverage is not continuous. Calls will not be "handed-off" properly, cellular terminology for the process that moves a call from the signal of one cell to the next, with reliability at less than 100 feet. 11. The coverage (efficiency) provided by the proposed structure at Mattituck is optimum at 100 feet above ground. Cott Fox Swor&t�o before me this OC( "`day of July, 1992. a��\,;::1� Q.,2 M Notary Public NOTA PiJ ;.T New York: I Z li%4 SCOTT FOX 16 Woodmere Drive • Eatontown, N.J. 07724 • (908)389-5520 EDUCATION Bachelor of Science Electrical Engineering (BSEE) • 1981 College of Engineering • University of Florida •Gainesville, FI Specialization: Communications EXPERIENCE CELLULAR ONE ROCHELLE PARK N.J. 1990 to Director of Engineering Present Responsible for the coordination and implementation of all engineering aspects of the New York / New Jersey non-wireline cellular system. Directly manage the activities of the following departments: • RF Optimization Engineering • Cell Implementation Engineering • Systems Engineering (Network, Switch, Traffic, Telco, etc..) • Fraud Engineering Major Accomplishments: • Managed the growth of the Engineering Department and support staff from 3 people (in 1989) to 35+ Engineers in four separate groups (in 1992). • Managed the growth of the system from 1 switch and 46 cell sites to 9 switches and 200+ cell sites. • 'High-site' reduction projects • Complete New York system conversion from Motorola to Ericsson (July 1991). • Implementation of Digital Technology into the New York market (TDMA). • IS-41 Rev. 0 Field Trials between Motorola and Ericsson systems. • Developed and implemented extensive Fraud identification and elimination programs and projects. 1989 to Director of RF Engineering 1990 Responsible for all RF optimization and implementation aspects of the system. Directly manage the team of engineers responsible for the following: • Optimize and maintain the integrity of the existing system while rapidly growing the system to meet subscriber growth. • Develop and implement frequency assignments which allow maximum capacity and minimum interference. • Develop short and long-term expansion plans which provide additional capacity and improved coverage. Evaluate and implement sectorization, cell splitting, and new site implementation to meet these plans. Page 2 Resume of Scott Fox METROMEDIA PAGING SERVICES SECAUCUS N.J. 1988 to Director of Engineering 1989 Corporate staff position, primary duties and responsibilities as follows: • Provide consultation and analytical support to the operating branches nationwide related to all technical aspects of the business. • Identify new technologies with the potential to benifit the company. • Interface with the vendors to implement these new technologies into products and equipment to be utilized by the operating branches. • Coordinate the development and maintenance of uniform technical standards to ensure optimal technical performance. • MFJ compliance liaison - Primary liaison between Metromedia Paging and Southwestern Bell (our parent company) regarding all technical issues related to ongoing MFJ compliance. 1987 to Engineering Manager 1988 • Responsible for all technical aspects of Metromedia Paging Services' largest system, the New York/New Jersey operation. • Managed the Network Operations Center and the Field Service operations. • Assisted in the development of the annual Capital and Expense budgets for the New York/New Jersey operating branch. Managed with full Profit and Loss responsibility (greater than $ 5 million annually). • F.C.C. license responsibility. • Site acquisitions, lease negotiations, and payments. • Systems Engineering: Coverage and channel capacity planning; RF control link/repeater design; simulcast optimization procedures; paging formats and preamble management. Telco traffic engineering. 1986 to Systems Engineer 1987 Responsibilities: • Evaluation and optimization of regional and national paging and conventional.Mobile Telephone systems. • Integration of common RF resources between dissimilar markets. • Development and standardization of technical procedures and documentation. • Alpha-Numeric 'front-end' processor development. • Remote-site monitor and alarming project management. Page 3 Resume of Scott Fox WESTSIDE COMMUNICATION GAINESVILLE FL 1984 to Chief Engineer 1986 Managed all technical aspects of numerous regional and state-wide analog and digital paging systems. Maintained and operated eight conventional mobile telephone systems and two 5-channel Trunked SMR systems. Designed and implemented the first true "Talk-Back" paging system on the East Coast utilizing satellite comparators/voting receivers, simulcast transmitters, and miniature UHF hand-held transceivers. RADIO TELEPHONE COMPANY GAINESVILLE FL 1981 to Communications Engineer 1984 Responsible for all aspects of numerous paging and mobile telephone systems throughout the state of Florida. Base station repair and paging terminal maintenance. 1979 to Technician 1981 Repair and maintenance of all types of pagers, radios, and base station equipment. The majority of this work was performed while putting myself through college. PERSONAL Marital Status: Married One Child Citizenship: United States Other: Commercial Radio Telephone License Amateur Radio License Private Pilot License l Manufactured by JULIUS BLUMBERG,INC. NYG 10013 IF ATTACHMENT A UU Key Beach pf Loin SOUTHOLD SITE AS INSTALLED p t PROPOSED MATTITUCK SITE AT 100 FEET pi n TOP OF ANTENNAS rr6. w L vc /r,` .ice nd 6 Wemrr r — Srjtif boW Paradise41 Dmk POW Pf ftech sor pt C DgUe Mau ouc Inlet ✓ Little Peconic Novack Buy Wmer-Al say ON NATIONAL WILDUME FUGF ti�yBay —V VA& rA J L r V, d t.IJ 'uI 4fj Y, V Cp oj Y1 fgw, % J. • 'ice^° -ru( clV. ATTACHMENT 8 ♦♦ttn,i 77 •�. }Y, fnfelPle_�q�� LO Q SOUTHOLD SITE AS INSTALLED :� IffCC. y "FY�P�� • Pt w PROPOSED MATTITUCK SITE AT 75 FEET TOP OF ANTENNAS P` 6erA°n`sgolr �.� !'pes lam^ I td •1. �--"- U fforton Pf, o nrt+u �\ �''l Shekv:1 jGnrdi' .�. 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J �JUr _ �� .(%.: a� rn r4J Nord . . `� - - �. •, [t� � �� �. .J I � - 4 41 y� �' ����� �';.�. , ' P is � ,''` • ;,� e ^ ry J� 1. .r r)'t.. J �,+�/ - i o r �• �A'°�.• I I l+ it; ��J r �`/ 'I•ly 4 fl - ..f' '�I•;f':, ..��r.�• _ .. I � a '� 4 t i � a•�.! .�`-•'fit_-t--�1 - ,�' _ d'� r .. �I_ J % ��\_ � ' i) ♦�� I '�� c '' �i. ,i'�;' .4�1.. � . .''Z�� /�� 1�� �(T.' };_;J?,�i. �f .. �. a 1,l 0� fI Y U�:' /i,f' ./. ,s:, ' t.•, 1 is = 4 I-- /� r�e \ r �1 /yt 'i I '��� ''•�'J s� :� 4 '•• _.. I'nndtJ iS- m�.!�.��}}^^^"�� i ``♦sSJ ..� ,, `�. ��✓ �fS IE Ry r• 0 15 . \ J _1n :�` S�'r `+ t: } �, +"(,;;:.• /- Gc� FUt ';..r�. S ....a. r •'`y-• ATTACHMENT C fl SOUTHOLD SITE AS INSTALLED j' � �. =-: lfay BeaeF ' J'F point I PROPOSED MATTITUCK SITE AT 50 FEET W i.• I I r�5f Cal Wius 2 TOP OF ANTENNAS .- � loa+u •� ` \ SII¢11ef I �r .. - �S� •5 — .`�� E .1�� �- ems' �.' _�- •`, i� 1 ro � ',�t � :V� �'= � �`•• ?_ 't. .Isla �.• �'-- - '�. i - �Svunc�,li . 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J =�� n.J �; � _ •�;a��• ' .`mod 11�� '/�-v-�•!�r 1� r.,� -r J� .. t ZI ^[ _ R`O rvpf• "'rig ��,���` �� l.j` �Y.•�- .I •••r . f"1 •� ` i .. � `.�C''° `� .:ram- ^' � '� �, 4� �•.5,� / o�,/�-- ��1 '"'. ~!.. 'r.,l�� �. a / //rSt1 Tk e;J'�1nio •: r.a r TJ {{ ' o" „-,_y �';, ,FUO. h• ,`.;.or `` /s� . ATTACHMENT D rI 1l�' on?eC.. ' pt SOUTHOLD SITE AS INSTALLED r "�'^& .PROPOSED MATTITUCK SITE AT 35 FEET ;'a'J �f pt�� R a- TOP OF ANTENNAS J Jinh L-r('= ore "t1arM •- "� ii -' t- 7forta» - - ----•-- --�—__.—._ -------__._.---- t---' Y � -yvm!i+r�s Pr- �Cr•:!.- �ti r: - rY, � yam: is �• L ,`:��'` LAaws - J+lam r• X��r �,Wed / - )U 7r••r� - Parrlrcove TyrtdW 7f Audi Pond Fr La ! AW4 IslQi�d d1 *• Sou r tilt - E ' �S Jn1rf Itivlt �r V'' -I � lnln i�. `� Lithe Peconic BQV rJoyack Bay 1` pICCON`• NA110NAL WGI.D MP IE}VQE \ 'Boy __ � � ��i� vt � ,• C�tta�•boK(Z�il� `L• u W n1 l ' \.L� � , , !� �7ti s �V f � r:,�ut h °b� �• ` �� �r 't U �, r�r. � r^ a `I _t� g �� . 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't�'\ V ,�.�•`o' - .M .1 b• ` `~,(1 1V'.�y'±��y� •.s-� •i' - --^_..� � �,t. < '�:' ' Clli"I;"�•- 7 .JaZoeeport �) r•"q+,�' ,': •, t�� I a . ./- • � - /'\\\}��� b [t•- ...,'j .ryl. t-.t LZ� [+�41 �y`,�J,\!lam " f• II)I `� / •FUCK M1 J �•` !-f:T -N •i,r �--� •f f Tl.v .x7.:f P w PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman. p ;,� .:5":. :' °� Supervisor George Ritchie Latham, Jr. Richard G. Ward r Town Hall, 53095 Main Road G Mark S. McDonald P.O. Box 1 179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 2 , 1992 I; • i RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and R . 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Cellular Telephone Co. , d/b/a Metro One Requested Action: To erect a 100 ' (102 ' ) monopole and platform adjacent to an existing 724 sq. ft. concrete block bldg on a 1 . 848 ac lot in the Limited Business District located on the w/s of ELijah' s La. 299 ' n/o S.R. 25 in Mattituck. SCTM#1000-108-4-11 . SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Valerie Scopaz ( 516) -765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . Comments: The site is bordered on the west and north by residentially zoned lots; on the east by Elijah' s La. and beyond residential, lots; and to the south by. two limited business zoned lots in the same ownership as the subject property. The "fall radius" of the monopole will result in a restriction being placed on part of the adjoining lot to the south which would prohibit any construction within the fall radius. Refer to the attached site plan for more information. Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. Chairman cc: Board of Appeals Board--of- Trustees # Building' Department -Seuthoi-d--Town--Board Suffolk County Dept. of Health Services -NYSDEC - Stony-Bra-ok- -4 NYSDEC - Albany of--Publ-i- --Works- IL S-.—army--enrp--of-Engineers N.Y.S. Dept. of Transportation * Maps are enclosed for your review Coordinating agencies •14-164(9A4) PROJECT I.D.NUMBER `M.EW YORK STATE DEPAR rMENT OF ENVIRONMENTAL( .iERVATION I " • ` . . j —A DIVISION:PF REGULATORY AFFAIRS "-tom State Envlronmenlal Duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED,ACTIONS Only PART 1 Project Information (To be completed by Applicant or Project sponsor) ' 1. Applicant/sponsor . 2. Project Name 1. Project location: Municipality Town of Southold County Suffolk 1 Coun 1 4. Is prrQ?'�gosed action: l2L New ❑ Expansion ❑ Moditication/alteration S. Describe project briefly. Reconstruction' of existing one story concrete block building for use .as i unmanned telecommunications equipment room and construction of 104 foot high monopole antenna 6. Precise location(road Intersections,prominent landmarks,etc.or provide map) Northwest corner of intersection c, Suffolk County. Tax Map #1000-108=4 � Lane and State� Route 25 7. Amount of land affe2ed: Initially acres Ultimately 2 acres S. Will proposed action comply with existlnR zoning or other existing land use restrictionst ® Yes ❑ No II No,describe briefly 9. What is present land use In vicinity of project? WResidential ❑ Industrial ® Commercial ® Agriculture Describe: ❑ Parklandlnpen space ❑ Other South of proposed sit-e predominantly agricultural use Abandoned auto repair shop .,abuts premises 10. Does action involve a ermitta p pprovsl,or funding,now or ultimately, from any other governmental agency(federal,state oryocal)? © Yes ❑ No If yes,fist agency(s)and Permit/approvals Southold Town Planning Board - Site Plan Suffolk County Planning G. C. 11. Does any aspect of the the action have a currently valid permit or approval? ❑ Yes U No If yes,list agency name and Permitlapproval type 12. As result of proposed action will existing permit/approval require modification? ❑ Yes 13 u No 1 CERTIFY TIIAT Tiff INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantltponsor n m Date: Signature: 1 ant If the action Is In the Coastal Area, and you are a state agency, complete.the Coastal Assessment Form before proceeding with this assessment OVER S Lr (sr€, APPEALS BOARD MEMBERS °.`.,:r"' Q;, SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman �. W. r Charles Grigonis,Jr. ';::: Town Hall,53095 Main Road .m `„ Serge Doyen,Jr. , ',,g ;� n,� P.O.Box 1179 James Dinizio,Jr. r� � t `• Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 9, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Application(s) of Cellular One (Metro One) Interpretation, Variance for Height and Special Exception Dear Mr. Smith: As confirmed recently by the town attorney's office, the appeal on the above Article 78 proceeding was not perfected within the time limitations. The Building Inspector has confirmed that his Notice of Disapproval concerning the need for an interpretation on the height issue is still in .effect. Assuming that you wish to proceed with the Appeal on this interpretation request, -we have calendared the applications for public hearings to be held on Wednesday evening, July 29, 1992, as well as the Special Exception concerning the use of the tower. The exact time of the hearing(s) will be confirmed within the next couple of days by way of a copy of the Legal Notice as published by us in the official newspaper (Long Island Traveler-Watchman) . Very truly yours, AGERARD P. OEHRINGER CHAIRMAN APPEALS BOARD MEMBERS' 01 SCOTT L.HARRIS �• `��► Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. � w g Y P.O.Box 1179 James Dinizio,Jr. Robert A.Villa .� �� Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD June 8, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Your Letter of May 27, 1992 - Cellular One (Metro One) Dear Mr. Smith: This letter will confirm receipt of your letter requesting that the above matters be restored to the meeting calendar. Before re-advertising this matter for the hearings calendar of our June 30, 1992 meeting, it will be necessary to receive authorization from the Town Attorney. A copy of this letter was not forwarded to Mr. Arnoff, and it is possible that this matter .has been, and may still be, the subject of an appeal by the Town of Southold. We expect to consult with the Town Attorney shortly upon his return and receive a response on the status of the outstand- ing appeal within a short time. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Harvey A. Arnoff, Town Attorney iVICII NI. (5mith AL".01,11CY af1d COLIMidOr A 7`)7 kc A\,enue, QoA Office [�ox 1240 Tel: 16) -1-27-39471 Qivcrhcad. New York I190I [pax -16)f7--- 1--, r May 27, 1992 Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application of Cellular one (Metro one) Dear Mr. Goehringer: Please find enclosed a true copy of the 'judgment in favor of Cellular one. I call to your attention the remand provided for in the last paragraph of the judgment. I hereby request that Cellular One's applications be restored to your agenda as directed by Justice Doyle. I further submit that Section 1007230 (D) (1) of the Southold Code is dispositive of the height,. issue and that a building permit should be issued. I thank you in advance for your attention to this matter. Very truly yours, Allen M. Smith AMS:TWS cc: Michael Gerard William D. Moore, Esq. PAPAY ENGINEERING & CONSTRUCTION, INC. �= 41 WASHINGTON AVENUE,HILLSDALE, NJ 07642 201-666-9510 201-768-7677 PETER E. PAPAY P.E. , P.P. EDUCATION: B.S. Civil Engineering - June 1982 Newark College of Engineering at New Jersey Institute of Technology; Newark, New Jersey LICENSES: Professional Engineer - New York, New Jersey, Connecticut Professional Planner - New Jersey PROFESSIONAL American Society of Civil Engineers - SOCIETIES: Associate Member National Society of Professional Engineers —Member PUBLICATIONS: Evaluation of Deep Embedment on Seismic Response - January 1987 . Bulletin of the Seismological Society of America EXPERIENCE SUMMARY: August 1991 PAPAY ENGINEERING AND CONSTRUCTION, INC. to Date Alpine, New Jersey As principal, responsible for technical direction, supervision and coordination of engineering design and construction aspects of new and existing communication installations. Responsibilities include feasibility studies, preparation of design and shop drawings, expert testimony and design and analysis of new and existing sites including towers, satellite dishes, buildings and associated appurtenances. Preparation of bid documents and contracts, contractor selection, construction inspection and physical construction. April 1986 TECTONIC ENGINEERING CONSULTANTS P.C. to August 1991 Highland Mills, New York As chief civil engineer, responsible for technical direction and coordination of structural engineering programs. Performed structural design and analysis of industrial, commercial and communication projects. Also supervision of tower investigations analyses and design of new installations. Other responsibilities included construction supervision, client contact and coordination of consultants. June 1982 BURNS AND ROE ENTERPRISES, INC. to April 1986 Oradell, New Jersey As civil engineer, responsible for structural design and analysis of foundation and superstructure for the development of commercial, industrial power generation and communication facilities. Supervised subsurface inspections, sampling of groundwater and contaminated soils, performed review of geoenvironmental impact of projects and construction inspection. March 1977 PAPAY CONSTRUCTION to June 1982 Montvale, New Jersey As construction manager, responsible for construction projects, field engineers, contractor coordination, construction supervision, scheduling and construction claims preparation. Ow U.S.Department Eastern Region Fitzgerald Federal Building of Transportation John F.Kennedv International Airport Federal Aviation Jamaica,New York 11430 Administration E X T E N S I O N ACKNOWLEDGEMENT OF NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION -------------------------------------------------------------------------- CITY STATE LATITUDE/LONGITUDE MSL AGL AMSL MATTITUCK NY 40-59-56. 00 072-30-39 . 00 30 100 130 -------------------------------------------------------------------------- METRO ONE CELLULAR TELEPHONE CO. AERONAUTICAL STUDY GLENN WITTE No: 91-AEA-0108-OE 365 WEST PASSAIC STREET NEW ROCHELLE, NJ 07662-3015 Type Structure: ANTENNA TOWER The Federal Aviation Administration hereby acknowledges receipt of notice dated 01 '11 'sl conce;:niri the i i g proposed construction or alteration contained herein. A study has been conducted under the provisions of Part 77 of the Federal Aviation Regulations to determine whether the proposed construction would be an obstruction to air navigation, whether it should be marked and lighted to enhance safety in air navigation, and whether supplemental notice of start and completion of construction is required to permit timely charting and notification to airmen. The findings of that study are as follows: The proposed construction would not exceed FAA obstruction standards and would not be a hazard to air navigation. Obstruction marking and lighting are not necessary. This determination expires on 08/13/92 unless application is made, (if subject to the licensing authority of the Federal Communications Commission) , to the FCC before that date, or it is otherwise extended, revised or terminated. If the structure is subject to the licensing authority of the FCC, a copy of this acknowledgement will be sent to that Agency. NOTICE IS REQUIRED ANYTIME THE PROJECT IS ABANDONED OR THE PROPOSAL IS MODIFIED SIGNED ' -� �wi %�� ^w.! Specialist, Systems Management Branch Robert P.-Alexander (718) 553-1230/1228 ISSUED IN: Jamaica, New York ON 02/12/92 &=) b }r6 PLANNING BOARD MEMBERS t� SCOTT L. HARRIS Supervisor Bennett Orlowski, Jr., Chairman '`''yy_ �;: r p J George Ritchie Latham, Jr. ,'�'A�® Richard G. Ward fr Town Hall, 53095 Main Road Mark S. McDonald P.O..Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765,1938 TOWN OF SOUTHOLD j I- rrZF (fl'�-76F i I AID fll i MEMURANDUMJl I I r u L� TO: Gerard P.. Goehringer, Chairman I Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , 'Chairman �0.�✓,��s RE: Cellular Telephone Co. d/b/a Metro One SCTM ## 1000-108-4-11. 3 DATE: July 22, 1992 In response to your recent request for Planning Board input, we have reviewed the site plan. Our comments are as follows: The Planning Board is concerned about the aesthetic impact of the monopole on the residential neighborhood to the north. Also, the site plan is missing some required information. These elements of concern will be addressed during the Planning Board' s environmental and site plan review. VI'll IUL —1e2 IF F i Allen M. (Smith V � !Attorney and Counselor at Law 737 Roanoke (Avenue, Post Office Box 1240 Tel: (516) 727-39 Qiverhead, New York 11901 22 fax (516) 727-3950 July 17, 1992 L5 L5 D JUL 2 0 1992 I Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application No. 4022SE Dear Mr. Goehringer: I thank you for your letter undated and the enclosure therein (copies of which are enclosed for your reference) scheduling the above referenced for Wednesday, July 29, 1992 for 7:50 p.m. If the purpose of this hearing is limited to your Board's receipt. of a copy of the Judgment signed by Justice Doyle and entered April 15, 1992 such that your Board confirms 'that "the criteria for a special exception approval pursuant to the Southold Zoning Code have been met and that the proposed radio tower is permitted pursuant to Section 100-31(B) (a) of the Zoning Code of the Town of Southold" , I have no objection to the same. If the Notice is an attempt to reopen this application, I object to the same. The judgment is final between the parties and is dispositive of the Special Exception use on the basis of the record before the Court including all drawings, testimony, stipulations, etc. .It is my client's position that we are before your Board pursuant to the last decretal paragraph of the judgment to consider the height issue and the height issue only. The height issue and our exception to the hearing on the same has been the subject of earlier correspondence. V y truly yours, Allen M. Smith AMS:TWS Enc. cc: Diane Amedeo William D: Moore, Esq. APPEALS BOARD MEMBERS �O�' �G SCOTT L.HARRIS Gerard P.Goehringer,Chairman o yc Supervisor Charles Grigonis,Jr. CM z Serge Doyen,Jr. py O �� Town Hall,53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa '�0( �,`a� Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice; as published in the Long Island . Traveler-Watchman, Inc. and Suffolk Times, Inc. Pleasd have someone appear in your behalf at the time specified in the event there are questions brought up during the . same and in order to prevent a .delay in the processing of your. application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure J` fI y d{T APPEALS BOARD MEMBERS :; `;.; "�=�. SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. : � Town Hall,53095 Main Road Serge Doyen,Jr. -,.- - P.O.Box 1179 James Dinizio,Jr. '� ~ z Robert A.Villa 0 � Southold,New York 11971 4 ' " Fax(516)765-1823 - Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 9, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Application(s) of Cellular One (Metro One) Interpretation, Variance for Height and Special Exception Dear Mr. Smith: As confirmed recently by the town attorney's .office, the appeal on the above Article 78 proceeding was not perfected within the time limitations. The. Building .Inspector -has confirmed that his Notice of Disapproval concerning the need for an interpretation on the height issue is still in effect. Assuming that you wish to proceed with the Appeal on this interpretation request, -we have calendared the applications for public hearings to be held on Wednesday evening, July 29, 1992, as well as the Special Exception concerning the 'use of the tower. The exact time of the hearing(s) will be confirmed within the next couple of days by way of a copy of the Legal Notice as Published by us in the official newspaper (Long Island Traveler-Watchman) . Very truly yours, AGERAtRD'pl?. OEHRINGER CHAIRMAN C Allen M. (Smith Attorney and Counbelor at Law 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 727-3947 Riverhead, New York 11901 Fax (516) 727-3950 L'��'' i::•: till � D July 1, 1992 JUL Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: ; Application of Cellular One (Metro One) Dear Mr. Goehringer: I am advised that there will be no appeal of the judgment Previously mailed to you.' I respectfully request that this matter be restored to your calendar. Very truly yours,. Allen M. Smith AMS:TWS cc: Harvey Arnoff, Esq. Matthew Kierman, Esq. William D. Moore, Esq. Michael Gerard i � • . Allen M. eSmtth Attorney and,Counselor at Law 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 727-3947 Riverhead, New York 11901 Fax (516) 727-3950 June 12, 1992 Mr. Gerard P. Goehringer Chairman Southold Board of Appeals 53095 Main Road Southold, New York 11971 j Re: Cellular One (Metro One) Dear Mr. Goehringer: I am in receipt of your letter dated June 8, 1992 . Please be advised that there is no appeal pending. from the judgment herein dated April 2, 1992 and entered April 15, 1992 directing that this matter be restored to your calendar. Notice of. entry was served on the Town Attorney April 17., 1992. No notice of appeal was served within the allowable period. I respectfully submit that this matter should be considered by your Board as directed by the judgment. Very truly yours, Allen M. Smith AMS:TWS cc: Harvey Arnoff, Esq. William D. Moore, Esq. Michael Gerard -77 IIV,I APPEALS BOARD MEMBERS �,,�'� .,, �. `'r , SCOTT L.HARRIS Gerard P.Goehringer,Chairman ' ti - T^4 Supervisor.' Charles Grigonis,Jr. s A.r Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. '✓'�'' Robert A.Villa `;� Southold,New York 11971 j Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD INTERDEPARTMENTAL MEMORANDUM TO: . Southold Town Planning Board ro M I� Attn: Bennett Orlowski, Jr. , Chairman U I5 FROM: Board of Appeals .f�L 4 1992 DATE: July 14, 1992 MMOLD TOWN SUBJECT: Pending Site Plan Reviews PLANNING BOARD Below is a list of new projects calendared for public hearings on - July 29, 1992 which are pending jointly with your office and ours: Cellular Telephone Co. d/b/a Metro One (Interpretation and Variance, and Special Exception Permit) 1000-108-4-p/o 11 Linda Taggart (Lot size and setback variance; Special Permit) William Goodale and Mattituck Auto Center, Inc. (Special Exception) Richard Goodale and. Mattituck Auto Center, Inc. (Front yard landscape/buffer setback variance) Please feel free to submit a letter at this time indicating preferences or other suggestions for alternatives, if any, by the Planning Board under its site plan (or subdivision) regulations: We ask that this request be placed on your July 21, 1992 calendar . in order that we may receive your comments by July 28, 1992. We are interested to know whether or not you have suggestions or alternatives to the general plan layout, as filed at this time. A representative from the Planning Board is always welcome to attend the ZBA hearing if you find it should become necessary. You may also prefer to stop in to review other information which may be filed with our office in the interim or speak with Linda, whichever is more convenient, before responding. Thank you for your cooperation in this coordination. lk ii� fFoUr . APPEALS BOARD MEMBERS , ��' �� SCOTT L.HARRIS �; Supervisor Gerard P.Goehringer,Chairman . °' -� Charles Gri onis,Jr. g Town Hall,53095 Main Road Serge Doyen,Jr, P.O.Box 1179 James Dinizio,Jr. Robert A.Villa � 1 Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD .July 9, 1992 t .Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Application(s) of Cellular One (Metro One) Interpretation, Variance for Height and Special Exception Dear Mr. Smith: As confirmed recently by the town. attorney' s office, the appeal on. the above Article 78 proceeding was not perfected within the time limitations. The Building Inspector has confirmed that his Notice of Disapproval concerning the need for an interpretation on the height issue is still in effect. Assuming that you wish to proceed with the Appeal on this interpretation request, me have calendared the applications for public hearings to be held on Wednesday evening, July 29, 1992, as well as the Special Exception concerning the use of the tower. The exact time of the hearing(s) will be confirmed within the next couple of days by way of a copy of the Legal Notice as published by us in the official newspaper (Long Island Traveler-Watchman) . Very truly yours, AGERARD P. OOEHRINGER CHAIRMAN i vi'1L i01. rlr:nYNG IV1K G . IS IIEREl3 -ormerly of William J.Baxter and NOTICE inners; County Tax Map Parcel ID pursuant to Section 267 of O1C TOWII No. 1000-108-4- art oC 11. Lion en the subject premises,s, from Law and the Code of the Town of 8:00 m. Appl. No. 4116 — residential to non-residential. Loca- matters will p' PP tion of Property:North Side of Main Southold,tits following s before the LINDA •I'AGGAR•T. 71t's is an Ap- � be held for public hearing peal of the March 13, 1992 Notice Road (State Route 25),at Arshamo- SOUT'IIOLD TOWN BOARD Or of Disapproval issued by the Build- moque near Grecnport, (abutting APPEALS at the Southold Town SOU, ing Inspector under Article XIV, properties of Hollister's Restaurant, Section 100-142 and Article XXIII, Mill Creek Liquors, The Hall, 53095 Main Road,So New York 11971,on WEDNESDAh Section 100-239.4B for approval or Place,ctc.); County Tax Map Parcel DULY 29, 1992 commencing recognition of lot with a substandard Nos.1000-56-4-24 and 19. g time': size of 15,285 s ft., lot width 9:00 p.m. Appl. No. 4072 following tim NO. 4118 — q' Appl.No.4072—VARUJAN AND -1 32 p•m. Appl" (frontage) along the Main Road LINDA ARSLANYAN. Appeal of GLADYS L MILNE.Variance to the 76.46 feet,and lot depth 125.0 feet. Zoning Ordinance, Article X Yam. the November 26. 1991 Notice of At the time of transfer of title, ills Section 100-244B,and Article X. Disapproval of the Building Inspec- rmission to property was located in the B Light Section 100-239.411 for Pc Business Zone. Today, the property tort for a Variance to the'toning Or- construct deck addition with insuffi- is located in the Light Industrial (LI) dinance,Article XXIII,Section 100- 1 and setback, insufficient 239.4A and Article XXIV, Section 4 cicnt side y bulkhead, and Zone District. Location of Property: 100-244B, or Article III, Section setback from existing 68320 Main Road, Greenport; Map with lot coverage at more than 20�0 of Peconic Bay Estates Lot Nos. 185 100-32, for permission to construct Of the code limitation. Location of and 186;County Tax Map Parcel ID swimming pool and deck addition rt 240 Knoll Circle,East Mar- No. 1000-53-2-2. with insufficient ba cf rd(s) and Props Yu Tax Map District 3000, with insufficient setback from sound ion; County 8:15 p.m.'Appl.1 No. 41175E— Section 37.Block 5, Lot 15; Gar- P' PP'LINDA TAGGART. Request for a bluff/bank along the Long Island diners Bay Estates Lot NO.31. Special Exception under Article Sound. Location of Property: 54455 7:37 p•m. APPI• NO. 4115 — XIII, Section 100-131B, as refer- (North Side) of County Road 48. STEPIM& AND L•LLA SCIIMIDT. enccd from Article XIV, Section Grccnport; County Tax Map Parcel- Variance to the'Zoning Ordinance, No. 1000-52-1-8. 100-141B for permission to cstab- Article XXIV,Section 100-244I3 for lish retail gift shop in this Light The Board of Appeals will at the ei to construct deck addition Industrial (LI)Zone District..Loca- above time and place hear any and prmisson rlt an insufficient rear yard setback all persons or representatives desir- lion of Property: 68320 Main Road, at 340 Bay Haven Lane,Southold, Grcenport; Map of Peconic Bay ing to be heard concerning these ,.Map of Bay Haven" Lot No.27• applications.Written comments may See- Estates Lot Nos. 185 and 186;Coun- County Tax Map District 1000, ty Tax map Parcel ID No. 1000-53- also be submitted prior to the con- Count p88,Block 04,Lot 24. CEL- 2-2• elusion of the subject hearing. Each tion7:40 p.m.APPi•NO.4023— 8:25 p.m. Appl. No. 4120 — hearing will not star before the time LULAR TELEPHONE CO. d/bla WILLIAM GOODALE AND MAT- designated above. For more intor- METIto ONE.This is an Appeal Of mation,please call 765-1809. TITUCK AUTO CENTER, INC. tits March 14, 1991 Notice of Disap- Dated:July 14, 1992. Ins eC_ Variance to the Zoning Ordinance, roval issued by the Building F? Article XXI, Section 100-212B for GEI2ARD P.GOEHRINGER P rotation under Article CHAIRMAN j tort for an Interpretation a relief from the front yard landscap- )cxlll Section 100-230 concerning ing provisions of the zoning code. By Linda Kowalski; proposed104ft.hcightofamonopo Location of Property: 7655 NYS 7442-1TJv1,6 n,and structure for radio tr cllantsrequests a Route 25 (Main Road), Laurel,near in the alternative,apP height restriction. Mattituck, NY; County Tax Map variance from the heig t re Westerly Parcel No. 1006-122-06-30.1 (previ- Location of Property:( ousl 30 side of Elijah's Lane and the Norther- Route 8 30 p.m. Appl. No. 4119SE— ly Side of the Main Road ( shown to RICHARD GOODALE AND MAT- 25),Cutchogue.NY; roved TITUCK AUTO CENTER, INC. Planning Board subdivision app now (Tenant). Special Exception to the map of May 15, 1990.Pry Y "Zoning Ordinance Article X.Section or formerly of William J.Baxter and 100-101B(12)for a permit authorir•- Others; County Tax Map Parcel ID ing: (a) a new car salts cstab- NO 1000-108-4-part of l 1. lishmcm; (b)an establishment of an 7:50 m. Appl-No• 4022SE— P• T ELEYIIONE CO. accessory use incidental to the pro- CELLULAR pna.•d unw nut aHlna ++atuLliahnu+N dlbla MrTRO'ONE. Request for for the sale and/or lease of used 1./};I.ccinl ISn++rq'li"^ —v"��r�r'�t��� `1 vehicles;(c)outside display of vchi- . Vill. Section 100-81B(l) ; cles, (d) accessory office use inci- prticie and Article III,Section 100-31B(6) - dental to the new principal use as a for an unmanned telecommuncon ica new car sales establishment. Loca- Lions building in an existing tion of Property. 7655 Main Road crew block building and construe- (NYS Route 25).Laurel,near Matti- Lion of a monopole radio tower with tuck, NY: County Tax Map Parcel antenna for transmitting and rccciv- No. 1000-122-06-30.1 (prev.30). ing radio signals to provide cellular 8:45 P.M.(Reconvened from June telephone services. Locatiolne�� 30, 1992) Appl. No. 4091 — EU- Side GENE M. LACOLLA. Variance to property: (11415)Westerly Elijah's Lane and the Northerly the "Zoning Ordinance, Article III, of the Main Road (NYS Route 25), Section 100-31A and B, requesting Cutchogue,NY;also shown on Plan- omission to change use of a or- ning Board sub now now ved P g P )map of May 15.1990;Property 1 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Qax-L-A Ccv)LuK) of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for I weeks successively, commencing on the (Q\day of I97� Principal Clerk Sworn to before me this ZD day of DLA.W 19_�� CATHERINE A.O'BRIEN Notary Public,State of New York No.4966586 Qualified in Suffolk County Commission Expires May 14,19� Appl. No. 40MSE —CELLULAR TELEPHONE 8:30 p.m: Appl. No. 4119SE CO. d/b/a METRO ONE. Re- — RICHARD GOODALE mitted prior to the conclusion of quest for Special Exception ap- the subject hearing.Each hear- AND MATTITUCK AUTO in will not,start before the NOTICE proval under Article VIII, Serz- g OF HEARING ( ) CENTER INC. (Tenant). lion 100-81B 1 and Article III, Special Exception to the Zoning times designated above.' For Section 100-31B(6) for an un- more information, please call NOTICE IS HEREBY Ordinance Article X Section manned telecommunications Dated J GIVEN building t 100-1O1B(12) for a, permit, pursuant to Sectioty g in an existing concrete Dated: July 14, 1992. block building authorizing: (a)a new car sales 267 of the Town Law and the} g and construction GERARD P. GOEHRINGER Code of the Town of Southold pole radio tower withr establishment; (b)an establish- of a mono CHAIRMAN ment of an accessory use in- the following matters will be antenna for transmitting and, cidental to-the proposed new car BY Linda Kowalski. held for public hearings before receiving radio signals to provide sales establishment for the sale 1X-7/16/92(6) the SOUTHOLD TOWN' cellular telephone services. and/or lease of used vehicles;(c) 1/l BOARD OF APPEALS at the Location of Property: .(#415) outside display of.vehicles, (d) Southold Town Hall, 53095 Westerly side of Elijah's Lane accessory office use incidental to Main Road, Southold, New, and the.Northerly Side of the the new principal use as a new York 11971, on WEDNESDAY,* Main Road.(NYS Route 25), car sales establishment. Loca- 0 JULY 29, 1992 commencing at. Cutchogue, NY,also shown on lion of Property: 7655 Main/ the following times: Planning Board subdivision- Road (NYS Route 25), Laurel, 7:32 p.m. Appl. No. 4118 -- appproved -map of May, 15, near Mattituck, NY: County GLADYS J. MILNE. Variance Tax Map Parcel No. • 1000- to the Zoning Ordinance, Arti- 1990;property now or formerly' 122-06-30.1 (prev. 30). cle XXIV, Section 100-244B, of William J.Baxter and Others; 1.8:45 p.m. (Reconvened from and Article XXIII, Section County Tax Map Parcel ID No. June 30, 1992)Appl: No. 4091 100-239.4B for permission to, 1000-108-4-part of 11. — EUGENE M. LACOLLA. construct deck addition with in.1 • 8:00 p.m. Appl. No. 4116 — Variance to the Zoning Or- sufficient side yard setback,in- LINDA TAGGART. This is an dinance, Article.III, Section , sufficient setback from existing Appeal of the March 13, 1992 100-31A and B, requesting per- bulkhead,and with lot coverage Notice of Disapproval issued by mission to change use of a por- at more than 20% of the code the Building Inspector under a lion of the subject premises, limitation.Location of Proper- Article XIV, Section 100-14�� from .residential to non- ty: 240 Knoll Circle, East and'-Article XXIII, Section from Location of Proper- Marion; County Tax Map 100-239.4B for approval re or re North side of Main Road' District 1000,Section 37,Block recognition of lot with a (State Route 25), at Ary 5,Lot 15;Gardiners Bay Estates substandard size of 15,285 sq. . shamomoque near Greenport, Lot No. 31. ft., lot width (frontage) along .7:37 p.m. Appl.'No. 4115 - :the Main Road 76.46 feet, and (abutting properties of lot depth 125.0 feet.At the time Hollister s Restaurant; Mill `� STEPHEN AND ELLA P Creek Liquors, The Pottery/ SCHMIDT. Variance to the of transfer of title,the property Place, etc.); County Tax Map Zoning 'Ordinance, Article was ,located in the B-Light Parcel Nos. 1000-56-4-24 and�19.. XXIV, Section 100-244B for Business Zone. Today, the pro- 9:00 p.m. Appl. No. 4072— permission to construct deck ad- perty is located in the Light In- VARUJAN AND LINDA dition with an insufficient rear. dustrial (LI) Zone District. - yard setback at 340 Bay Haven- Location of Property: 68320 A vember 26, Appeal of the i Nover{iber 26, 1991 Notice of Lane, Southold, "Map of'Bay Main Road,Greenport;Map of Disapproval of the Building In Haven"Lot No.27;County Tax Peconic Bay Estates Lot Nos. Spector for a Variance to the Map District 1000,Section 088, 185•and 186; County Tax Map Zoning Ordinance, Article Block 04, Lot 24. Parcel ID No. 1000-53-2-2. XXIII;Section 100-239.4A and, 7:40 p.m.Appl. No. 4023 — 8:15 p.m.Appl.No.4117SE— Article XXIV,Section 100-244B, CELLULAR TELEPHONE LINDA TAGGART.Request for or Article III, Section 100-32, CO.d/b/a METRO ONE.This a Special Exception under Ar .70 for permission to construct is an Appeal of the March 14, title XIII, Section 100-131B, as swimming pool and deck addi- 1991- Notice of Disapproval referenced from Article XIV, tion with insufficient sideyard(s) issued by the Building Inspector Section 100-141B for permission and with insufficient setback . for an Interpretation under Ar- to establish retail gift.shop in from sound bluff/bank 'along ticle XXIII, Section 100-230 this Light Industrial (LI)Zone the Long Island Sound. Loca- concerning a proposed 104 ft. District. Location of Property: height of a monopole structure 68320 Main Road, Greenport; d for radio transmission, and in Map of Peconic Bay Estates Lot tion of Property:54455(North Side) of County Road 48 the alternative, appellant re- Nos. 185 and.186; County'Pax ,j Ma Parcel ID No. 1000-53-2-2. Greenport; County Tax. Map quests a variance from the P height restriction. Location of I 8:25 p.m. Appl. No. 4120— Parcel.No. 1000-52-1-8. Property:(#415)Westerly side of WILLIAM GOODALE AND The Board.of Appeals will at t MATTITUCK AUTO CEN=' the above time and place hear Elijah's Lane and the Norther any and all persons or re resen- ly Side of the Main Road(NYS TER,INC.Variance to the Zon-, P ing Ordinance, Article XXI, tatives desiring to be heard con- Route o Cutchogue,NY;also I cerning these applications.Writ- ,I shown on Planning Board I Section 100-212B for relief from I ten comments may also be sub- Subdivision-approved map of the front yard landscaping pro- May 15, 1990; property.now or I visions of the zoning code. formerly of Willam J. Baxter, Location of Property:7655 NYS 4 and Others; County Tax Map.! Route 25 (Main Road), LaurelgV, Parcel ID No. 1000-108-4' near Mdttituck, NY; County hart of 11. Tax Map Parcel No. 1000- ' 122-06-30.1 (previously 30). COUNTY OF SUFFOU STATE OF.NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, 11AS hecn 1�ublished in said Long Island 'I'raveIer•Watchman once each week fo.r . . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . . . Clay of . . . . . . . . . ., 19 � . n r� Sworn to before me this clay of . . . . . . \. . . . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St^te of New York No. 41ROG846 Qualified in Suffolk Coynty Commission Expires 9 3/�j,2 c 09" APPEALS BOARD MEMBERS ���T`:�` . eV SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. �. Serge Doyen,Jr. ;,}y � Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. ���`��� '�,� Robert A.Villa .� �;+' Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel. free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Mailing List of Legal �".ice for July 29 , 1992 Hei ngs : Copies- mai led. 7/1.4/•92: Mr. and Mrs. R. Milne Mr. and Mrs. Stephen Schmidt P.O. Box 394 . 450 Bay Haven Lane East Marion, NY 11939-0394 Southold, NY 11971 Allen M. Smith, Esq. (Re: Cellular Telephone Co. ) 737 Roanoke Avenue Moore & Moore , Esqs . (Re : Cellular Tel . ) P.O. Box 1240 P .O . Box 23 Riverhead, . NY 11901-1240 Mattituck , NY 11952 Mr. Merlon Wiggin, P.E. Mrs. Linda Taggart Peconic Associates, Inc. Box 249 P.O. Box 672 Southold, NY 11971 Greenport, NY 11944 J. Kevin McLaughlin, Esq. (Re: Goodale) P.O. Box 1210 1050 Youngs Avenue Southold, NY 11971 Charles R. Cuddy, Esq. (Re: LaColla) P.O: Box 1547 180 Old Country Road Riverhead, NY 11901-1547 Mr. and Mrs. F.M. Flynn (Re: LaColla) P.O. Box 144 Southold, NY 11971 Mr. and Mrs. Varnjan Arslanyan Apt. PH-11 - South Building 1055 River Road Edgewater, NJ 07020 Mr. G. Townsend Smyser (Re: Arslanyan) .302 Prospect Street Ridgewood, NJ 07450 Mr. and Mrs. Richard Sherman (Re: Arslanyan) P.O. Box 1002 Southold, NY . 11971 Mr. and Mrs. Wilbur C. Allcot 527 Paramus Road Paramus, NJ 07652 Mr. Robert H. Whelan, P.E. (Re: Arslanyan) P.O. Box 590 Mattituck, NY 11952-0590 ,Southold Town Boarrl , Appeals 35- Regular Mee.,, 'ng July 12, 1991 ADDITIONAL APPLICATIONS TENTATIVELY SET FOR PUBLIC HEARING CALENDAR OF THURSDAY, AUGUST 15, 1991: ( 1) Appl. No. 4023� �- CELLULAR TELEPHONE CO. Variance concerning height regulations for proposed tower at Elijah' s Lane, Mattituck. ( 2) Appl. No. 3958V - JOSEPH HARDY at Main Road, Mattituck. Hamlet Business Zone District. Variance for multiple relief as follows: (a) insufficient area for third dwelling unit; (b) variance to allow a principal dwelling use in an accessory building located at the rear of the premises (which was converted from an accessory garage building to a pet grooming use, and then to a dwelling unit, without town approvals for the conversions. ( 3) Appl. No. 4037 - METRO/808 REALTY. Variance concerning location of canopy structure in the front yard area with insufficient setbacks. Corner of Depot Lane and Main Road, Cutchogue. Subject to receiving Planning Board response, � noted below, before advertising legal notice. 9: 30 p.m. EXECUTION SESSION: Pending and proposed litigation matters were discussed: Tartan Oil Corp. - recent update by Francis J. Yakaboski concerning non-compliance/inactivity with outstanding conditions of stipulation. (Discussions only; no action was taken. ) There being no other business properly coming before the Board, the Chairman declared the meeting adjourned. The meeting adjourned at 9: 50 p.m. Respectfully submitted, Linda F. Kowalski Approved - September 12,, 1991 /q <-��✓� a20 APPEALS BOARD MEMBERS -r.: ` +, * SCOTT L.HARRIS r _ 7�t Supervisor Gerard P.Goehringer,Chairman Charles Gri ones Jr.. � 'i ;.1�ir' g ry'_ J Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 April 16, 1991 William D. Moore, Esq. Clause Commons Suite 3, P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4022 - Cellular Telephone Co. Special Exception Dear Mr. Moore: Please find enclosed a copy of the Legal Notice confirming the hearing on the proposed uses within the existing building as an unmanned telecommunications building and for the proposed construction of the monopole radio tower with antenna, as applied in the Special Exception application. Also enclosed is a copy of the Board SEQRA (Unlisted Action) Declaration determined after review by the board members of the Long Environmental Assessment Form voluntarily furnished by you. The Board Members will, of course, be individually conducting field inspections and reviews as may be required during this process. At the Board's request, the public hearing on the height variance/interpretation request was not, however, placed on this April 30, 1991 calendar. This being a two-fold application, �0 the Board chose first to address the issues on the applicability or interpretation under the zoning code for the proposed uses : '' before proceeding with the height application. The request for the height interpretation/variance will be placed on a separate hearings calendar, immediately following the date of the Board' s decision on the Special Exception. Further notice will be sent to you at that time. Yours very ru , GERARD P. GOEHRINGER f CHAIRMAN Enclosures APPEALS BOARD MEMBERS SCOTT L.RABBIS h Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr.. y. Town Hall,53095 Main Road Serge Doyen,Jr. P.O:Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SO=OLD Telephone(516)765-1800 SEQRA UNLISTED ACTION DECLARATION April 10 , 1991 Appeal No. 4023 Project Name: Cellular Telephone Co . , d/b/a Metro ONe County Tax Map No. 1000- 108-4-1 1 . 3 Location of Project: W/S El i jah ' s Lane , Matti tuck , NY Relief Requested/Jurisdiction Before This Board in this Project: Interpretation on height restriction for 104' high tower and if necessary , variance from height restriction . This Notice is issued pursuant to Part 617 of the implementing regulations .pertaining to Article 8 of.the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental' Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental .effects are likely to occur should be project be implemented as planned,. and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {)( } this Board has taken jurisdiction as Lead Agency, has deemed this Board.of Appeals application to be-.an Unlisted SEQRA Action, and has declared a Negative Declaration for'the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c.Sufficient information'' has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d.: This. application.does not directly relate to new' construction. or on-site improvements. { } this.Board refers lead agency status to your agency.'since the . Board of Appeals does not feel its scope of jurisdiction is ' as broad as the Planning Board concerning site changes and elements under the site plan reviews.. ' The area of jurisdiction by .the Board of Appeals is. not directly. related to site improvements or new buildings.' ' (However, if you do not wish to assume' lead agency status within 15 days of -this letter, we will assume , you have waived same, and we will be required to proceed as . Lead Agency.) For further information, : please. contact the Office . of - the Board of Appeals, Town Hall, Main Road,. Southold, NY 11971 at .(516) 765-1809. ' ' tr APPEALS BOARD MEMBERS PI '`�i, �' :`� SCOTT L.HARRIS �s Supervisor rY3?v c Z Gerard P.Goehringer,Chairman a Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. zt'` ; y� P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 SEQRA UNLISTED ACTION DECLARATION April 10 , 1991 Appeal No. 4023 . Project Name: Cellular Telephone Co . , d/b/a Metro ONe County Tax Map No. 1000- 108-4-11 . 3 Location of Project: W/S E1 i j ah ' s. Lane , Matti tuck , NY Relief Requested/Jurisdiction Before This Board in this Project: Interpretation on height restriction for 104' high tower and if necessary , variance . from height restriction . This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned,. and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next . 20 days. {X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment ,has been submitted and evaluated, and/or b. An inspection of the property has been made, or c.Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your- agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.- The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency. ) For further information, please. contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. t r / T Gle Q ���f � ii ill PLANNING BOARD MEMBERS _ L. HARRIS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. -', ,,,,� Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald '�'"" P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 4, 1991 William D. Moore, Attorney at Law - Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, NY 11952 RE: Metro One site plan SCTM# 1000-108-4-11. 3 Dear Mr. Moore: The Planning Board has been notified of your application to the Board of Appeals for a Special Exception for a radio transmission tower with antenna and unmanned computer run equipment in an existing concrete block building. Until the Board of Appeals acts on your Special Exception request, the Planning Board must consider your application incomplete for the purpose of a SEQRA review. The Board will review other items in your site plan application simultaneously with the Board of Appeals review to insure the timely processing of your application. If you have any questions, or require further assistance please contact this office. Very truly yours, Bennett Orlowski Chairman cc: , Gerard P. Goehringer, Chairman, Zoning Board of Appeals c/ F 9�KCOGy JUDITH T. TERRY iG Town Hall, 53095 Main Road TOWN CLERK v T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER y0 Fax (516) 765-1823 Telephone (516) 765-1801 1 � OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: April 2, 1991 RE: Zoning ,Appeal` No,, 402'3 (Variance S Interpretation) CELLULAR TELEPHONE CO. d/b/a METRO ONE Transmitted herewith is Zoning Appeal No. 4023 (Variance & Interpretation) - CELLULAR TELEPHONE CO. d/b/a METRO ONE, together with a copy°-of a -letter from the Board of Appeals to William D. Moore dated March 20, 1991, a copy of a letter from the Board of Appeals to William D. Moore dated March 4, 1991„ the Notices to Adjacent Property Owners, the Notice of Disapproval from the Building Department dated March 14, 1991, the Notice of Disapproval .from the Building Department dated March 13, 1991, the Short Environmental Assessment Form, the Zoning Board of Appeals Questionnaire, a copy of the Certificate of Occupancy dated June 14, 1965, a copy of the Certificate of Occupancy dated August 18, 1961, a copy of the deed, a copy of a disclosure statement for Cellular Telephone Co. , and a copy of a letter from Lynne Lorimer from Metro One., and a copy of detail site antenna layout plan. Judith T. Terry Town Clerk 'C .✓may' .`J'S�^s�? c� APPEALS BOARD MEMBERS - SCOTT L.HARRIS 4 p Gerard P.Goehrin er Chairman Supervisor Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. � �pi P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 20, 1991 William D. Moore, Esq. Clause Commons Suite 3 , Box 23 Mattituck, NY 11952 Re: Application for Special Exception/Interpretation/Variance Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge receipt by our office of your recent three-fold application for: (1) a determination as to whether or not the structure and use as proposed meets the requirements for a Special Exception under the residential provisions of the Zoning Code, to wit: Section 100-31B of the Agricultural-Conservation Zone District, as referenced in Section 100-81B; (2) an Appeal for an Interpretation regarding appli- cability of the height restrictions for the proposed tower at a height of approximately 104 feet from ground level, and the question of an exemption under Section 100-230D; (3) and if a variance is deemed necessary, an appeal for relief concerning height of the tower as an alternative. Our office has also agreed to recommend a return of $200. 00 which was applied toward the variance from the $500. 00 filing fee, after a public hearing under the appeal for the interpretation, if the Board should determine that such a variance was not necessary . Also, this letter should not be construed as a waiver of this board's jurisdiction to determine whether or not this project is a use authorized in the Limited Business or Agricultural-Conservation Zone Districts. As you recall, our previous letter dated March 4, 1991 indicated that a telecommunications use is not listed as a permitted use, by Special Exception or otherwise, in the Limited Business or Agricultural-Conservation Zone Districts, and further reference was made to the principal uses, by Special Exception, listed under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that . you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area" as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of the Order, and if this Order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that . you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area" as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of- the Order, and if this Order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk k APPEALS BOARD MEMBERS - SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman ' ' Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 20, 1991 William D. Moore, Esq. Clause Commons Suite 3, Box 23 Mattituck, NY 11952 Re: Application for Special Exception/Interpretation/Variance . Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge receipt by our office of your recent three-fold application for: (1) a determination as to whether or not the structure and use as proposed meets the requirements for a Special Exception under the residential provisions of the Zoning Code, to wit: Section 100-31B of the Agricultural-Conservation Zone District, as referenced in Section 100-81B; (2) an Appeal for an Interpretation regarding appli- cability of the height restrictions for the proposed tower at a height of approximately 104 feet from ground level, and the question of an exemption under Section 100-230D; (3) and if a variance is deemed necessary, an appeal for relief concerning height of the tower as an alternative. Our office has also agreed to recommend a return of $200.00 which was applied toward the, variance from the $500.00 filing fee, after a public hearing under the appeal for the interpretation, if the Board should determine that such a variance was not necessary . Also, this filing should not be construed as a waiver of this board's jurisdiction to determine whether or not this project is a use authorized in the Limited Business or Agricultural-Conservation Zone' Districts. As you recall, our previous letter dated March 4, 1991 indicated that a telecommunications use is not listed as a permitted use, by Special Exception or otherwise, in the Limited Business or Agricultural-Conservation Zone Districts, and further reference was made to the principal uses, by Special Exception, listed i under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area"- as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of the Order, and if this Order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly_,. .�� GERARD P. GOEHRYNGER CHAIRMAN lk APPEALS BOARD MEMBERS SCOTT L.HARRIS ,, <... Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 4, 1991 William D. Moore, Esq. Clause Commons Suite 3, Box 23 Mattituck, NY 11952 Re: Application for Special Exception Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge review of your recent Special Exception application left with our office on February 22, 1991. It is our understanding that you do not wish to file the Special Exception application if there is a need for a variance concerning the height of the principal antenna building, which - is at approximately 104 feet above average ground level, and ,, that you are in the process of requesting a determination or Notice of Disapproval from the Building Inspector, which has not been furnished with the Special Exception documents. Pursuant to Article XXVI, Section 100-262 of the zoning code, we are returning your Special Exception application forms requesting telecommunications building (antenna) and change of principal use to permit telecommunications for the following reasons: a) Telecommunications is not a use permitted in the Limited Business or Agricultural-Conservation Zone Districts (see Light Industrial Park/Planned-Office Park LIO Zone District regulations) ; b) a written determination by way of a Notice of Disapproval from the Building Inspector concerning conformance or nonconformance with the zoning code has not been furnished as 0 �gage 2 - March 4, 1( E To: William D. Moore, Esq. Re: Cellular Telephone Co. required in the filing of applications to the Board "of Appeals, for either a Special Exception or Variance (please see instructions sheet with ZBA form packet and Article XXVI, Section 100-262A) ; c) a Notice of Disclosure for the applicant-corporation, Cellular Telephone Co. , must be provided; d) a Consent from the property owner authorizing the applicant-corporations) to file the subject application must be provided. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Building Department Planning Board TOWN OF SOUTHOLD,c NEW-YORK APPEAL FROM DECISION. OF BUILDING IN�PE.C19R � APPEAL NO. C) DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Metro One 1, (We) b./.af ... L.Q..NJaax ...&..Mao.1;s......�,.9�... Q .. .3. Name of Appellant Street and Number Mattituck NY,; ..HEREBY APPEAL TO . .................................................................................. ............. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Wi 1,1 iam...D.....M4o e.......................................... Name of Applicant for permit of Clause Commons , Suite 3 Mattituck NY Clause .................i. .. . ......c............ ........................... ..... ..... .. ....... .... . ..... ...... Street and Number Municipality State ( ) PERMIT TO USE ( ) 'PERMIT FOR OCCUPANCY (x ) Building permit for telecommunications building with 104 foot monopole 1. LOCATION OF THE PROPERTY . 7.7.1ah..I, e,..lY> .t,k.7,t.41C ..........?�],I?1j �d.Business,,,,,,;,,,, Street /Hamlet / Use District on Zoning Map District 1000 Section 108 Bl ock 4 Lot 11 others ....................................................... Current Owner William J. Baxter......................... /vlap No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph If the Zoning Ordinance by number. Do not quote the Ordinance.) Article VIII;XX Section 100-230; . 100-82 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( x) Interpretation regarding applicability of section 100-230 4. PREVIOUS APPEAL A previous appeal QKm&(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance (x ) Interpretation of zoning ordinance is requested for the reason that proposed 104 foot monopole radio tower with antenna exceeds 35 foot height restriction for buildings . * Appellant seeks determination that proposed 124 foot monopole radio tower with antenna is exempt from height restriction pursuant to section 100-230 (D) . In the alternative, appellant requests a variance from the height restriction. Form zB1 (Continue on other side) /, REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because proposed structure is a public utility structure permitted by special exception of the zoning board of appeals . The proposed structure is inoperable and of no use if the tower-cannot be constructed at the height proposed. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because no similar public utility use and structure is proposed or existing on the properties in the immediate vicinity of this property. 3. The Variance would observe the spirit. of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because proposed structure will satisfy the need for reliable _ cellular telephone radio signal transmission as required by the,,Public Service Commission. The proposed structure will' be located within a wooded area of the parcel , and all trees will remain on the property to provide natural screening of the structure to the extent possible. STATE OF NEW YORK ) ) ss .. . . . ........, . . COUNTY OF SUFFOLK ) Pionature ` Attorney for App cant Sworn to this �5.......................... day of... �'�:.... L-�. 19��/ ..................... � ....c� .. 41(. ..................... Notary Public BORIS MMIE N.A#;Fi SMI pDjaty PL.''::c,S"of P ';t"f A Go.ate`•r'4W��:w�u5.5uffal Gerry 475. 60 1 4.6 3355 83.4 3�1 c9 u GAR Ln •. „ FF EL _ O Lo +- 31° 20 01 E 33.00 OVERHEAD WIRES � �+ �I 5 1 STORY FRAME 3� BARN m GAR + FF EL a 32.50 i PROPOSED 100' HIGH - MONOPOLE 3�9 i AREA = 804955 S.F. ��'-� GAR 30� - ... FF EL •' REQO• w 1.848 ACRES �B3k 32.77 SETBACK PROPOSED UNMANNED �95 0-0- 5�5.0 PROVIDE (2) 8.5'x 2O' GAR , TELECOM. EQUIPMENT N PARKING SPACES ROOM,IN EXIST. BLOCK � FF EL ; — = kA SLOG ' — 1 ;,�•...__ +1 STYE 1`�, a �,0 09 32� IOE 1 N 1. - 33 3 i r� , 8 L2.. - WIRE.-GATE O PROPOSED WID€ ZONE "�B z5b' � I . B - 37 GRAVEL DRIV WAY, �p w PROPOSED 6.0' HIGH 0. �\._ 119 (SEE SECTION215.A% CHAIN LINK FENCE 3 3 (INSTALL FENCE TO CLEAR \ , ..- EXIST.TIME!AS REQ 25 M o g o0 0 oa D I O� LLI 79a co `� - 31 ------------- -- -- w LLI N — 1 N. $87° 55 12"W Zak 08821 fl DRIVEWAY CONC BLUESTONE 48a. 05 The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed , that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the Project is not significant. R • (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? �• Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large impact on groundwater quality? Yes __LNo ' 5. Will project significantly effect drainage flow on adjacent sites? , -Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X NO 7. Will project result in a major adverse effect on air quality? _Yes -ENO 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes No � 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or • future recreational opportunities? _Yes _�No 11. Will project result in major traffic problems or cause a major effect to existing transportation Systems? Yes �_No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes _Z_No 13. Will project have any impact on public health or safety? ' Yes No 14. Will project affect the existing community by r directly causing a growth in permanent Popula- tion Of more than 5 percent over a one-year , period or have a major negative effect on the -Yes ° character of the community or neighborhood? 15. Is there public ersy concerning the project. • -Yes _ yo preparer's Signature: Representing: Cellular Tele hone Co. d/b/a Metro One 3-15-91 Zsa V/75 Date: 1 r"( 11.16.4(21871_Text 12 - PROJECT I.D.NUMBER 617.21 k SCOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR NAME Cellular Telephone Co. d/b/a Metro Ono2 Site PROJECT228 . 1. 3 3, PROJECT LOCATION: Munictoallty Town of Southold county Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc..or provide map) Northwest corner of intersection of Elijah Lane and State Route 25 Suffolk County Tax Map #1000-108-4—.11. 3 5. IS PROPOSED ACTION: New ❑Expansion ❑Modificationtalteratlon 6.`DESCRIBE PROJECT BRIEFLY: Redonstruction of existing one story concrete block building for use as unmanned telecommunications equipment room and construction of 104 foot high monopole radio tower with antenna. T. AMOUNT OF LAND AFFECTED: Initially 2 acres Ultimately 2 acres 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ©Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? El Residential ❑Industrial `9commercial EYA riculture Describe. g ❑Park/Forest/Open space ❑Other Souh of proposed site predominantly agricultural use. Abandoned auto repair shop abuts premises. North and east .of property, land use is residential and agricultural. 10. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? ®Yes ❑No If yes,list agency(s)and permitlapprovals Southold Town Planning Board - Site Plan Suffolk County Planning, F.C.C. n It. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? ❑Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE LApplicant/spon,%rMM: ll1Ula2ZTele hone Co. d b a Metro OneDate: 3-1ci—q1 ature: Attorne for A licant If the action is in .the Coastal Area. and you are a state agency, complete the Coastal assessment Form before proceeding with this assessment OVER (Continued on reverse side) QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) William J. Baxter, Jr. Robert A. Goeller . Jr. Patricia Baxter Cellular Telephone Co. d/b/a Jane Goeller Metro One (tenant) B. Is the subject premises listed on the real estate market for '. sale or being shown to prospective buyers? { } Yes { X) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? n/a 3. Is the property bulkheaded between the wetlands area and the upland building area? n/a 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? n/a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? no If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds I. Please list present use or operations conducted at this parcel existing barn used for storage and proposed use. telecommunications ui ing wi antenna. Attorney for Applicant A zed Sig ature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [•Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-1985]: L1 V A' TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low-tide are covered by tidal waters to a maximum depth of five (5) feet, including but -not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following- salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward-of the most land- ward edge of a"freshwater wetland." 9705 2-25-85 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. j11 it - di - CERTIFICATE OF OCCUPANCY No. ...,i.....a72....... Date ..............................Tma.....11 ......... 19..65. THIS CERTIFIES that the building located at ................ Street Map No. ..39CX............ Block No. ........�...... Lot No. ..XX.........Natts•tuak.,.....VY&............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ...................................Feh.,.....9.:...... 19.6$..: pursuant to which Building Permit No. 2632..Z. dated ..............................Feb.....11.........1 19..6 .,was issued, and conforms to all of the requirements 1 of the applicable provisions of the low. The occupancy for which this certificate is issued is ........ ...........8usin,e s s..baii ld n g.............................................................................................................. The certificate is issued to .....Wm.Baxter...Jr..&..Ather.s...................MMerX........................... (owner, lessee or tenant) of the aforesaid building. ' ........................ .Building..... lnspector.......:�.............. l TOWN OF SOUTHOLD BUILDING DEPARTKENT —- TOWN CLERK'S OFFICE J SOUTHOLD. N. Y. CERTIFICATE OF OCCUPANCY No. .Z. 1104. .. .......... Date .......... .......:........... t 6....... 19 61 .... . Mattituck THIS CERTIFIES that the building located at Elijah.'.B...LA.. .:&. .... .R...... Street Map No. ........... ot ^io. •** tst..•......... Block No. +�#• Lot conforms substantially to the Application for Building Permit heretofore filed in thL% office tay„-23.................... .1 19..61 pursuant to which Building Permit No. Z 1417 dated ........... .................... dated . ......... ................ ........ 19 61.., was issued, and conforms to all of the require- mentg of the applicable provisions of the law. The occupancy for which this certificate is issued is BUSINESS BUILDINCi ............................ ..... ................................................... ....... .............. ......................... ........ .... f This certificate is issued to wtilliam J. Baxter, Jr. , & Jane P. Goller, owners (owner, lessee or tenant) of the aforesaid building. r "e.... Building Ins for - y w•some T YOU LAWM IM I Maws THIS tNST'lalOM--TMf "Is, __-_JR S"OYu N p! By LAWYM OMLId 1LLP s ff o ,4980 alb, THIS 11021MRE, made the /� day of , nineteen hundred and sixti-rite j ! 8ET1NRQ1 PROUP car, ration c/o 57 Park Av,enuep Bay 8hor4s ' New York party of the first part, and WILLIAM J. BAX"_'ER, residing at 2266 ftJMr,*V9, Nee. P40h*,Il and JANE P. GORT-I R, Birch Lane, Greenwich, Conn. i Recorded on May 2, 1961 in Liber 4980 at page 507 party of the second part, WITNESSETH. that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does thereby grant and release unto-the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and impvements thereon erected situate, lying and being in the Harslet of Mattituck, in the ro Town of Southold, County or raw Suffolk and State .-)f hen York., tounded qnd described as follows: BEGINNING at a monument set is the ground at the intersection of the northerly line of Main State Road, with the westerly line of Elijah's Lane; running THE3110E along the said northerly line of Main State Road north fil, degrees 45 minutes 40 seconds west 395.38 feet to-a monument setL in the ground at an angle in said line of Main State Road; ( THENCE still along said northerly line of Blain State Road north 85 degrees 36 minutes 30 se--mda west 31.49 feet to the easterly line of land of John J. L1cldanusl THENCE along land of seirl .; Air. McManus north 1? legrpes 07 m4nu%es 00 seconds wes t 181. /9 feet to the southerly line of :.,• cl of Martin wi 11a; r "HENCE along said southerly line of land of Martin Filla north ;7 degrees 06 minutes 00 seconds east 357.46 feet to a monument set to the -ground on the westerly line of Elijah 's Lane; and _ ..`PH'i ".NCE. Along the westerly line of Elijah Is IAne south 25 deicrees 09 minutes 10 Uzi seconds east 320.50 feet to the point or place of beginning. ILI TOGETHER with all right title and interest if an of the� y, party of the first part In and to any streets and roads 'abuttin` the above described premises to the center lines thereof; TOGETHER with the ,4 appurtenances and all the estate and rights of the party of the first part in and to said premises; a TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heir Aa or successors and assigns of the party of the second part forever. AND the party of the first put covenanu that the party of the first part has not done or snAmc"d any- thing whereby the said premises have been encumbered in any way whatever, except as aforesaid AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the ri lit to receive such consideration as a trust fund to be applied first for the purpose of paying the cost o1 the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word party' shall be construed as if it read "parties" whenever the sense of thU indaw sei'` requires. rt IN WITNESS WHEREOF, the party of the first part has duly executed this deed the above written. PROC.AN, INC. : 4 ' .20 by Harr �ant,or, vice—oftftaw UUr Standard N.Y.B.T.U.Form 8007.7-70.20M—BarBatti and Sale Deed.with Covenant alain%t Gtancor'%Act%—Individual or Corporation. {� r CONSULT YOUR LAWYER 1>I E SIBHIM., (HIS INSTRUMENT—THIS INSTRU T SHOULL jE USED NY LAWYERS OILY. THIS INDENIVRE, made the 2nd day of April , nineteen hundred and s4V1Mt7'6*ae BETWEEN tr'r[ ag at aAZ'1'BR• �'R., residing at 31 Mohegan 8oad,L&=hmont9 New York 10538 6 f2o 47 party of the first part, and d P TMC his Wife, residing at 31 Igo egan Road -^c , ifew lork, tom_. � d JAIL :n CI,ZER . , his wile, residing at Birch lane -o • party of the second part, ONE mid 00/1 WIESSEI'H, that the party of the first part, in consideration of TN dollars, lawful money of the United States, and other good and ValUable .Consideratima paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, _U that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being= lit Z%ttituok, in the iOMIn Of Southold, CO=t7 Of in Inc Suffolk and State of New 'York, bounded and described an follOWS? BEGINNING at a amerete monument, set in the ground on the Northerly line of the Main or State Road, Said monuront being located 426,87 feet; Westerly from the Westerly line of lelijah'8 lane, as the same intersects the said Northerly side or line of Min Or State Road; naming thence along the Northerly line of said Main or State Road, North 85° 36' 30" West 60.0 feet; to a corcretn mo =1Ont set in the ground and being the FABterly liuO of land formerly owned by Clarence Tuthill and Ralph Tuthill; nulning thence Northerly and along said lend fozrierly of Clarence ^>Ithill' and Ralph Tuthill North 200 44' 00" West 164.41 feet to Q Concrete >monUrAnt Set in the ground; running thence Easterly and still along land formerly of Clarence Tuthill and Ralph Tuthill forth 770 06' 001, Fast 60 feet to a concrete monument set in the ground and land now or formerly of Willialm L. Strickland; IUMLAng thence Southerly and along the Westerly line of land now or formerly of said William L. Strickland South 19. 07' 00" E"t 181.79 feet to e co^cre'te moo t Set in the growds said mint being tie Norft=17 line of said Main or State Bmd, tbe point or place of BEG . BEING XM IN=ED TO BE the some premises as conveyed to the party of the first part by deed dated November 4, 1970 and recorded in the Suffolk County Clerk' s Office in Libor 6W cp 597• 1 t TOGETHER with all r' ' title a .nterest, if any, of the party of first par i and to any streets and roads abutting the above described premises to the center lines thereol, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part �as not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the ,first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the.day and year first above written. IN PRESENCE OF: WITIUM r� r. r .t OF NEW YORK.COUNTY OF as: STAT!OF NEW YORY.I ITY OF a: ,a the 2nd day of A ril 19 71, before me On the day of 19 , before me ,Iersonally came J, BA.XTER9 JR, personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. r MIT VU10118 STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK.COUNTY OF ss: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of of the corporation described , the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. tion, and that he signed h name thereto by like order. jargain anb *ale ;9eeb SECTION WI-I H COVENANT AGAINST GRANTOR'S ACTS BLOCK TITLE No. LOT COUNTY OR TOWN D TO Sillst UN J, BA=Mo JR* and PAM0IA BA A. GOELLIM JH* and Recorded At Request of The Title Guarantee Companr JAM I P* GtWJM RETURN BY MAIL TO: STANDARD FORM OF NEW T'ORK SOARD OF TITLE UNDERWRITERS Dirrribut d by Wilum neRham, rbogo THE TILE GUARANTEE COMPANY Main mood 11attituck, gar, York 11952 Zip No. W V W sa. O E9 Z O oC O H at 14. W N W V _N 1 q CONSULT YOUR LAWYER{ bRI SIGNINJ'HIS INSTRUMENT — THIS IN MINT SHCte RE USED BY LAWYERS ONLY. 0 ' e� t LIBEn 6639 PACE 5% THIS INDENTURE, made the loth day of B e t ob a :r, nineteen hundred and sixty-nine, BETWEEN MARTIN FILLA, residing at Mattituck, Town of Southold, Suffolk County, New York,CD 1`- �, _� ���; party of the first part.and WILLIAM J. BAXTER, JR. and PATRICIA BAXTER, his wife, as tenants by the entirety, holding a one-half undivided interest, both residing at Nassau Point' Road, Cutchogue, New York, and ROBERT A. GOELLERJ"nd JANE P. GOELLER, ,his wife, as tenants \1z by the entirety, holding a one-half undivided interest, both re- 0 siding at Haywaters Road, Nassau Point, Suffolk County, New York, °C party of the second part, WITNESSETH, that the party of the first_part, in consideration of Ten and 00/100 . . . . . . . . . . . . . ($10.00) . . . . . . . . . . . . dollars, other lawful money of the United States, and/good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being bEAz at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly line of Elij:ah' s Lane distant 320.50 feet northerly from a monument at the intersection of the westerly line of Elijah' s Lane and the northerly line- of Main Road; THENCE from said point of beginning the following seven (7) courses and distances: 1. South 770 06' 00' West 417.46 feet along lands of William J. Baxter, Jr. ,, et ano. , and McManus to a monument; 2. South 200 44' 00" East 164.41 feet along said lands of McManus to a monument situate onthe northerly line of Main Road; 3. North 850 30' 40" West 69. 74 feet along the northerly line of Main Road to lands now or formerly of Joseph Neville; 4. North 23° 08' 10" West along said last mentioned lands 161. 95 feet to a poit and lands now or formerly of Anjef Associates, Inc. ; 5. North 230 52' 10" West along said last mentioned land 101.47 -feet to the northwest corner of the premises herein described; 6. North 700 30' 50" East 475:60 feet along lands of Anjef Associates, Inc. , and Maston to a pipe situate on the west- erly line of Elijah' s Lane at the northeast corner of the premises herein described; 7. Thence South 25' 09' 10" East along said westerly line of Elijah' s Lane 175. 50 feet to the monument at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises and more conveyed to Martin Filla by deed from Ralph W. Tuthill and Laura F. Tuthill his wife, dated September 7, 1954, and recorded September 8, 1954, in- the Office of the. Clerk of the County of Suffdk, in Liber 3754 cp 249. _ .. .. .- .. -..... .. ._..... erw.::i- z;uh-..,.......-e7....a::ar - :?�sac�iSi%•' MEW TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. i i A:. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any Keay whatever, except as.aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first-part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying,the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read."parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN RESE•N CE OF' Martin Filla - 1 If it - .1Ytn`� 6` 39.-538 C STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: STATE OF NEW YORK, COUNTY OF ss.: On-the 10 th day of©C t o V e r l9 69 , before me On the day of 19 , before me personally came MARTIN FILLA personally came to me known to be the individual described in and who to'me known to be the individual described in and who executed the for ent, and ac• e ge at executed the foregoing instrument, and acknowledged that he exec d t s me. \i executed the same. RICHA" J.CRON Pubic rw the state . N.Y. Notary 96,2t4!-sa.tolk County N o.52 ar.30, My Comusion Er�i:es M 1� STATE OF-NEW YORK, COUNTY OF ss.: STATE OF NEW YORK, COUNTY OF ss.: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known,who,being by me duly sworn,did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of , the corporation described that he knows ' in and which executed the fggpgoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the forgoing instrument; to said instrument is such corporate seal; that it was so char lie, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, rion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. U b T{SC�r�C�jZt C�Tt� fIp �pP SECTION a' With Covenant Against Grantor's Acts BLocI: Title No. 3.f'y�8 Q LOT MARTIN FILLA COUNTY OR TOWN a TO WILLIAM J. BAXTER,JR. and ux, and Recorded At Regaeet of ROBERT A. GOELLER and ux INTER-COUNTY Title Guaranty and Mortgage Company STANDARD FORM Of NEW YORK BOARD OF TITLE UNDERWRRlRS RETURN BY MAIL TO Disiribuied by INTER-COUNTY TITLE GUARANTY William Wickham, Esq. and 31ORTGAGE COMPANY Main Road CHARTERED 1927 IN NEW YORK Mattituck, N. Y. 11952 Zip No. W OCT 14 1969 LESTER M. ALBERTSO' W Clark r- Of SWOIk Cota l . N � ' yWid' T Cellular Telephone Company a New York _General PartD--'- sI-D 1. cellular_ SYs tents., Inc. (50 a) address 29 West 57th rget New Yark, NY 10019 2 . LIN Cellular Commun.icaticns, Inc. (50%) address 13ZO Avi nun Of The Americas New Yox , Nei' work 10079 Cell �� Sate�t4. Yric. 1. LIN Cellular Corporation (86. 15%) � � ,u r Comm. Car address 1370 Avenue Of Americas wholly owned subsidiary New York, New York 10019 of LIN Broadoasting Corp. 1370 Avenue Of Americas New York, New York (10019) 2 . Remaining entity (ies) (10% interest or greater) address (es) Ncae LTN BROADCASTING CORP. 7.McCaTd Cellular Comm(52%) 5400 Carillon Point Kirkland, Wash. 98033 20Remainigag entity (ies) (10 y or greater interest) address (es) McCaw Cell.ula' List holders ( and addresses) of 10% or more interest. 1. Molder:Craig O. mLccaw address: 5400 Carillon Pt. Kirkland, WA 980a3 2. Holder; Bb' USA address: 1100 N. Marked. St. Suite 780 Wilmington, DE 19890 (20%) �l-1Lt ' ���Hd �f•1�=!-ii��131J LJ!_i��� ���� � ��t I �� ; � I ;�Nl.l I c P ,January 21 , 1991 Southhold Town Zoning Boar_d ,of Appeals Southold Town Hall Main Road Southold, N.Y. 11911 Southold T©wn Planning Board Southold Town Hall Main Road Southold , N.Y- 1.1971 RE! Metro One Dear Ladies/Gentlemen : The undersigned , on behalf of Metro One , hereby authorizes the law firm of Moore & Moore to submit any applications and supporting documents which may be necessary for approval of proposed telecommunications facilities and structures in the Town of Southold_ Sincerely, r Lynne Lorimer Real Estate Consultant Metro One 365 West Passaic Street, Rochelle Park, New Jersey 07662-3015 m (201) 587-7886 cir� 3�iH� 1314 Wi:?,1A LS : t i 16 , C�3 333 Bit' 'IN-5 to i030 E.PUTNAM AVENUE,GREENWiCN,CONN.06830 (203)637.4559 � A WORLD ECONOMIC SERVICE SERVING INVESTORS SINCE 1924 a < March 12, 1991 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Southold Town Planing Board Southold Town Hall Main Road Southold, NY 11971 Dear Ladies/Gentlemen: The undersigned, as owner and on behalf of the owners, authorizes Metro One as a tenant of our property and the law firm of Moore & Moore as attorneys for Metro One to submit any applications and supporting documents which may be necessary for approval of proposed public utility telecommunications facilities and structures (antenna) on our property on Elijah Lane, Mattituck in the Town of Southold. Very trul . yours, William J Baxter WJB:rs *< Yf V � •4NE �' co 6 —mlb i 3 1__ O V l, — O O jc co ITco 1 O 17 i v y DECLINATION = 1 S T O R_ Y 'FRAME ' `W 130 t WEST -BARN .. . , Qo 5. l,.-; ANT.CABLES IN 2-6"COND. • . •>: UNDERGROUND. CV EXISTING PORTION OF BUILDING TO BE DEMOLISHED. PROPOSED 100' HIGH 69-0.1 MONOPOLE 24]p•. �-- i,, *.L l (SEE DETAIL 3/S17 �A 5 O• ROOM ENTRANCE DOOR MULCH t PROVIDE GRAVEL MU Z 9 O '� ; ALL OVER FENCED AREALCH PROVIDE (2) 8.5's20'5.0' PARKING SPACES(SEE DETAIL 4/S-2) PROPOSED UNMANNED PROPOSED CHAIN LINK FENCE ENT RELECOOM INME OUI II-STY. qZ 6'-0"HIGH(SEE DETAIL-6/SIJ 3Z 6•.;_ , BLK. BLDG. PROPOSED IOFl WIDE . w lDr, "_.,> , 4 j M , ,_ _ GRAVEL DRIVEWAY(SEED=,.. /S-�A - ;! ;6 : '' 5' 18.5' °jAk 3k1g. BR I ARS :;.PROPOSED 6FT. HIGH - � 3 CHAIN LINK FENCE �=� ---co ENCLOSURE(SEE - . j DETAIL 6/SI) a o�-b�� t� �Y i ra ems/ �,i: � 80 , EXIST.UT ITY a I Q `✓ } ) } ,' c M .PRQYIDE '-0°W�' 320g -- Q SWING GATE' Q co w3�56 Z kltifs is/, � EXIT 4; � � i ••, -.,;• ' „ STONE NEW POWER 8 TELECOM.LINES JN SEPARATE B L U CONDUIT UNDERGROUND DRIVEWAY CONIC ' f "'NOTE: .�. NO'fkEE�W TING ALLOWED IN THIS SITE y REF(=1Z ,T[1 1/5 I, 1�5 21F 1/6.3 FOP_ Ft1fLTl-I�jz� SATE' P L A�,K I NfOP-MATI.ON EXIST I 1 STORY BLOCK yr :. a ^:t'r'G _ y }�'� ��-s q f bl i 7f i' t ,..,.t •.;.,,7 - }r � �u: _..�. °� •S�A�` =;; ;/ :,• . , ' S U I L D I�N G ��z�, 4i 0 20 40 60 80 3 =� - t �tS�f�,r { �-r � t•,� �� i'.,Ji _ y t '_ � 5., t. u� x •-},-;• .s's �„'� ��,Mtri.t"� �St4' DET( �UL x &TE/AN1JTENNfN A LAYOUT PLAN ';..., 1 2 SCRLE: I - 20 s-I �• ./. •� ;>w ,. _, L t 1-,a./L .r � l.y ° I - f.., i t r•{ iye .` ,..., !�•� � s 9 'e.I r d ":r Y� ,�., t 'fit 36.. •J, rr. `I" _ y.iy _it*r�� w�.C1n,1wCE'r tvRLr:Pe7r r[,1r °#, ti1',A,' f;,,: ,'. Ai L 5-11ty;5� lip t i y3a `- sru" erusttn.'rftn nefFf-Si n'c7FZ. .yr.¢ - S J,.bey , II 1'r'b A'� 1 ! ! ;^1 Y T,'1 1 1 f - 4w.,•_ ..._ ✓. AND/OIIx[D IOn JION OE If[ll V+ j t k ( /,**JJ"• �, �rl � F� Gnr • T 7� 3I} $ },r? ! ..l a Cri E//s crxren�. AZtrT14J1- I>,/�f J*^ •i - ♦i.t .1} ,sr ' 5(tom,pry.�y 'I ; 'f •t •K ti' .f"' • •-r•NIN of 'clncyl 2 V.? h�i ,3 r rt r onN 1.(OT�: .c_`ij5t�'/'. f!•.'X4 r 't .a•' �:•. . :a h �'"7" i .t (4 0. 3'• •- r ,"r,�•O(L. BEARING CAPACITY MUST : �� FI rolNrz •F' a ' �" �,, S �3E dETERNIINED AND L'N.GINEERED o rAsrluri �I ° � • ' ,- r ,< r �l �: S GAUG WITH MONOPoLe TOWER FOUNDFITION, a U 0 :' f r E PRIbRTo COMMENCEMEN7'OFANY — :'^t .(y �s•_! �('ClJysr,Yrs WO(j 1"C +ray �t --' '•7 -' [ � �I •I� •} • WS�OE� oi1TSIo T<• t I: 1 ( -OI[xCAP, Ir[CO t � f 1 ' rOCEYHER A ENOf UP DS • - i .`'` „! GRADE r.J tJ!{1E•I.OIA.CIRCLE •� IYExLY SPACED �� i, o I I •I II z. >< •a " ,." f r IA AI '• 5'�,j ;i t ,t i I I � i q eE Iuu v { 3 g'` •' I I I « ' c'7K i t CONCRETi D CONCI[l rINC D/rNA r ION ��1yY,•• •NININUN CONCIIETE ;i J • I!� a- Y n AT CLOSEST �o II I Y� - A F : ; Moir s"Ti sY�rflr ! ✓II NI Hit 1,11 c-Yey3�N 'i ..R •- - •1 /nr tnr.• e.......• w e '—V4iLtqt TIOL HARVEY A. ARNOFF / . M SCOTT L. HARRIS Town Attorney ® CW0 s1 1.. ' Su rvisor �: Pe MATTHEW G. KIERNAN Town Hall, 53095 Main Road Assistant Town Attorney ���� '�� P.O. Box 1179 Lis Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Gerard P. Goehringer, Chairman, Zoning Board of A peals FROM: Matthew G. Kiernan, Assistant Town Attorney M G K DATE: February 21, 1992 RE: Cellular Telephone v. Town of Southold Annexed hereto, please find a copy of the decision rendered by Judge Doyle which granted the petition in the above-referenced matter. Please be advised, however, that petitioners will have to submit a judgment before this decision becomes valid. Should you have any questions, or if you ,would like to discuss this matter further, please feel free to contact me. cc: Town Board. i s IRE Em F"Pw r SEE SEC NO 101 ME SFC.NO. ( � SEE SEC. W.101 SEE SEC NO 101 —C. Z LINE VETCH Z LINC _ Y4TCN LIME 101-OT-OT0.1 ETC. ....,_. IINE WTCM LIM! VETCH ZINC FOR PARCEL NO. •a- _-- —_ SEE S[C.NO 101 .I ggob 02 WI � lil 3 W a .fiian 1z.GA([I •' \C\ E�y p`I LyON .. Lowv.v � .- M1.. •lOa :Q`a9 —ry— 1 o u p0N + to O foal+1 \ 'O - b�4' ys er.f alR1 z E TAW ,• •OQ S 90 S S . ".,Aid 7.21 P 3 y )EIf � ] U ].SAW . f ,• e ? 2...Is1 P� 1.1e ••y �a •l \ O ! w(y TT1 mo T.1] o POe 5.15, v` 6 QOya;OD p• 4POP, AV 5.1] J •` P `•�.e.12 l.%�f f..ak+ llu3. - 7 1 ).) d=. '•t aft�� I la.cd ,S�/•• y L Nor SOOrNOLD )0 � `^ n ` (RECMMCE BE]MI F e • a.. �\ ••`) ).late) IIIYYY ll 1 13— r ..0a(E+ b 5.8 2..E1E � /�•�/"�/ �yO�t P` IOakl a.•M�,{ t3.)• .�alE) s'�"\ w 13.1 \ '• C'1-.,, , 1 {�•Jd.,Y�•,� i"s. e.] I u(.1 • ]•], 5.R.2S FOR SEE SEC NO SEE SEC 11 SEE PERCEL N0.\SEE SECC..0,119-02- SCE SECC NO S-0}. • E Yd ][[S[C NO II]-OT-OOT.I SEE SCC.N0113-�; SEE SEC NO.IIS ' ....__._. ...Z_ .. MATCH ZuNi - Z'- Z ' oos.j z 010. o e .E f.a ..r RD. +ano BEENPDRI x °• - pT}7JITtU�JCp�K(p-/—/y� ...E'.n. �.. , u.T 1 NONE NOON ■■■■■mom■ee■■e■ee■■■eME■■N■M■M mom NO ONO NEI No ■■■■■■■■NNN■e■■■■■ mom mom 9 d ! MIN `id7fW.e7 - '•`!A ., _ ■■� '■■■■®I■■®I■■■■■■■■■■■■■■■■®■ H �!•-.�,�:����;�. �. , .�- � ■■R911■NNaN■eel■■■■■ No MM c ka ■ NNE■■■e No ONO ■■■e } it7i six v " !fl■�11■l�ENEIE�■1■E■■■E■NEE ■■MOON■ r����■■■■N1 min■■■■OMEN■■■■■■■■ e■■1■l3■1111 MEMO EeN■■■■e ■■■ N■Ni1.1 ■NE■■M■Mee■ : .. ■��■■■ fie ON mom ■■■■■■■■■■■■■■�.■■■■■ ■■■■■�Ni� ■�■■■N■MN■■■■■■■■■e■■■■ moommo ■■■■■NNME■■■■■■■■■■■■■■EE■■e■E ���ENE■■■M■■■es■ee■ee■■■■■■e■ oundation Basement .. Breezeway Garage Roof . 'Rooms I st Floor Patio Recreation Room Rooms . .. !r, TOWN OF SOUTHOLD PROPERTY RECORD CAR® OWNER STREET VILLAGE DIST.F SUB. LOT a FORMER OWNER �¢ d N -; ACR, S W: TYPE OF BUILD RES. SEAS. VL, FARM'*---' COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS / o v sw? 0060 2 - 12 L 21 qoo 00 4 �'v :�. iari��e s- L_64=,g S - , I 1 Cab v 4 Z cl 0 4 rn_b)2E •AGE BUILDING CONDITION NEW NCRMAL BELOW ABOVE F" ' FARM Acre Value Per Value Acre ' Tillable - FRONTAGE ON WATER /9 Woodland FRONTAGE ON ROAD DFPTH k#e see Plot BULKHEAD Total Qr' DOCK : �:. _ ;' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT / (,FORMER ANER _ N/ /' E ACR. l�n S W TYPE OF BUILDING RES. ]}� SEAS. L j� _FARM COMM. CB. MICS. . Mkt. Value . LAND IMP. TOTAL DATE REMARKS o ✓ �7 d -. �100 ' I ao 00 4 �Z c 2 ZZ_ - P 1 r �C_-) �' .r� l�J Zip 0rn_1--21 AGE BUILDING CONDITION NEW NORMAL BELOW. ABOVE FARM. Acre Value Per Value Acre — Tillable FRONTAGE ON.WATER �U Woodland FRONTAGE ON ROAD v r Meadowland DEPTH House Plot BULKHEAD Total DOCK -:t.; 4;4 'it t. .i J s7 j ^•, yrh'"w f,w-y,�� r y �.., F K.'3 r! ?�"._ ��''r"J�° 'ti a t ;''x' � �'vii`� �/G��� �� �/ • t �f��rj�aptl6yr'�<i •i� �r�t,.•�f �I�:c�JCT br' r + t { qy �,•I 1J.. r; •t. 1i i`t �.'�,,:.L� ;�.yp JJ.� � ; 3�' t� 0' .;,�.r;�:/�',�,�t,•n��•� � , ,',.,;••� .� b"���r roc: ,},�' )� ,; r J,i it • f f .rY~ it!: .. � � 1 ' , ' �� i Rt•`..:ter:� � I J/ � +l° s 1 M. Bldg. O b b Foundation GP�Vt. Bath /I t. Extension - d. b ����D �.3 S �L Floors Basement Extension. Ext. Walls 5 L< Interior Finish Heat Fire Place Ht Extension �..:. . t • Porch Roof Type Porch Rooms 1 st Flocr 4' ' Breezeway Patio Rooms 2nd Flog Garage Driveway Dormer �' ' •.,: 4. -13. ,{ 1 _ e ®� SOU7' Z_ �'OW N MOLD OWNER -PROPERTY RECORD / a h CARD �. y1� STREET VILLAGE DISTRICT -SUB-, LOT FOR1viER OWNER � �- N • ��� • .. EC f A ACREAGE S. Vy �-a �l TYPE OF BUILDIN RES. SEAS. _ �$ VL. FARM COMM. I IND. I CB. I MISC. Est. Mkt. Va LAND IMP. TOTAL DATE REMARKS I 7� o � 0 000 (S (70 DC9 C.) � 3 .coo eyoo / Z7oa UD0 U o / � o � o ZR: Zoo-a-, L7u AGE BUILDING CON ITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre 000 Value FRONTAGE ON ROAD ` Tillable I G , -•BE HEAD Tillable Tillable 2 -- DOCK Tillable' 3 ��c• � �O;O DI.`• Woodland �vL;� 2 Zsvo : •. Swampland Brushland - z `�� L House Plot-- 'Q=V -c'' AMP 3 3 Total t ; BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Cellular Telephone Co. d/b/a Metro One NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT PROPERTY OWNER TO: ,a YOU ARE HEREBY GIVEN NOTICE: 1.That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance ecia Exceptio ( €MK MR (Other) [circle choice] and interpt-etation of zoning ordinance ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Suffolk County Tax Map #1000-108-4-11. 3 Elijah' s Lane notthwest of intersection of Elijah' s Lane and 3. That the property which is the subject of such Petition is located in the following zoning district: Limited Business (LB) 4 That by such Petition, the undersigned will request the following relief: approval of a public llti l i ty -,tructure r_nnGici-i ng n-F an iinmannind bQ l neat-d in existing small concrete block building together with a 104 foot high monopole radio tower antenna to provide cellular telephone radio communication. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 100-81 (B) (1) • 100-230 (D) : 100-82 j ] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof,a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there exalnine the same during regular office hours. (516) 7E;5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers 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:' March 15, 1991 Petitioner Cellular Telephone Co. c /b/a Metro One Owners ' Names : c/o Moore & Moore Post Office Address Clause Commons, Suite 3, P.O. Box 23 mattitu k. NY 11952 Tel . No. (516 ) 298-5674 e , (Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDR:ESS�. Sonja C. Hunter 30 Perna Lane, Riverside, CT 06878 Mr. & Mrs . JosepliiiNeville P.O. Box 592 , Mattituck, NY 11952 North Fork Housing Alliance 110 South Street, Greenport, NY 11944 Y Richard & Janet Oddon 1165 Founder Path, Southold, NY 11971 William Baxtef Jr. 1030 E. Putnam, Greenwich, CT 06830 Mr. & Mrs . Cornelius L. Naston Elijahs Lane, Mattituck, NY 11952 a STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) Margaret Rutkowski residing at ThAroca griveT ��a t e�z-rPd being duly sworn, deposes and says that on the , day of March jig 91 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck, NY ;that said Notices were mailed to each of said persons by (certified) (jmgk= mail. Margaret Rutkowski Sworn to before me this day of A 1 W Nota Public WILLIAM D.MOORE Notary Public,State of New York No.4832728 Qualified in Suffolk County Commission Expires January 31,1996 ( This side does not have to be completed ,on form transmitted to adjoining property owners . ) Allen .M. (Smith Attorney and Counselor at Law 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 727-3947 Riverhead, New York 11901 Fax (516) 727-39501, July 27, 1992 ;1L �7 a,42 I� . BY HAND Honorable Gerard P. Goehringer - Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application No. 4023 Dear Mr. Goehringer: Pursuant to your "TO WHOM IT MAY CONCERN" letter, I herewith submit in advance of the hearing in this matter six sets of drawings numbered S-1 and S-2 updated as of 7/21/92 . Please note that these drawings reflect a total height of 100 feet. and a fall down radius totally within the Baxter holdings. Very truly yo s, Allen M. Smith AMS:TWS Encs. cc: Diane Amedeo William D. Moore, Esq. w/enc. ,ti I : ' S CUTCHOGUE E, STA. 84 - EAST TTITUCK DECLINATION J 1 STORY FRAME G 1= 130 + WEST DECLINATION �9 52 _ _ _ _ W U z t- 1'30 t WEST Z 119 3 y w / 5 v.s. C, BARN ��// 12 - CU�TCNO ' LOT 73 r• `O C.- ANT.CABLES IN 2-6"COND. CC W y UNDERGROUND. N s tom' 1 U� 743 4T5.60 S , . r IT--- TO ILA 7 • 2 IBEIDEMOLISHED.OF BUILDING .s,r; 5CE w E �; PRO D /OO' HII H 69'-0" MONO • i STORY FRAME 20:p' �.•,�,.rt-- 1 w F - ' (SEE DETAIL 19 2 _,a.----• --` , ,. "` - r � BARN A ° W cap 57 1 0 . O ',, 5� ROOM ENTRANCE DOOR ,w PROVIDE GRAVEL MULCH os ALL OVER FENCEDAIREA I PROVIDE (2) 8.5'x20' 12 PARKING SPACES(SEE DETAIL-4/S-2) ' P`A,¢ tttlff of LOT BLOCK I'4 PROPOSED UNMANINED -b _ 50 PROPOSED CHAIN LINK FENCE [ V AIRPORT a`I�,,W a m /� Z SECTION I08 ' TELECOM EQUIPMENT _ �2 6'-0" HIGH.(SEE DETAIL-6/SI) ROOM IN EXIST, 1- ,,..a„ DISTRICT rood srY � � /` '�' 3 32 "' _ •'�- __ a. o raoroti�� t IE1Ro 8+. -' BLK. BLDG I o ' r'�" s: ;:�` R 1— g na�aa - K �. Z Q ONE LEI.L•gITE• o / PROPOSED IOFT WIDE '1 a KMarratookar__ ��, �;• .9 , GRAVEL DRI VEWAY(9n-M M,.A/5-2 - �: BLK 1 a.5' s:5' o �g BRIARS 32•�' S I�co C� °���Oo N PLAN 3I S-i SCALE: NONE t N i PROPOSED 6FT. HIIG 0 � ` � �, 2• 486.05 CHAIN LINK FENCE — 8 58T•85'12'W ENCLOSURE(SEE LL: `' \ C \\ �\ ,` �.. ' \ U!f DETAIL 6/SI) �I - 8 ti - „�' ' _l�.-\- \ , z d uJ o _s �� p •----- �' < RO 0 C J G o �V u tar 112 or- - 0! !; CO SEE DETL. 3/5/ a N Q O . U�d VI 2-5--0"W. EXIST.UTI ITV . rr I S T '.'R� o y 6�k • I`r) PRQ DE $, �.. SWING GATE POLE. Q +V' ao �✓ --------------- ^ y a 6 Lj p =1 {. ✓� EXIST t j NEW POWER a TELECOM.LINES IN SEPARATE BLUEST O N E X — 8�2 I CONDUIT UNDERGROUND. L� N ��.. Ul 2 SEE pw� >=M-I DRIVEWAY x _ cr. o °` a',i` � Mq IN C O N( I OPOJ'+ED f N t` o 1 �5 ErRO- GIVE I LtcL - 234'-0'� (.SeE DWG. A /) of k. � 2 V. Z� DOTE (SSCALE •R' 2S 1 N(� " �tEE�CUTT1iVG ALLOWED IN THIS SITE. N NOTE': BF_T=Fr_ Z TO 1/5-1, 1/5-Z-4 1/5.3 FOt<. _ _ _ __ o r- O 60 120 180 240 —`-- - FUZTWF_r sI TF- P L x; (v i NFVP.M4-r10N EXIST ;t IfOUTH --,� ► - - _._ ' 1 STORY BLOCK ::=: 7 ' 1�0)v�c SCALE ;_ ) e ��1: •- , ;;,; ,�,� R04D - N G 4p- - - -5p- BUILD ) } BLbCK"'. �• LOT t t•2, ZONING MAP # ►- �, y - . .26 PLOT PLAN SCALE: NONE TF W '~ • J i S7E RLAN 4 LATITUDE:sg S 6 LONGITUDE:72 30 3g MAIN ENTRANCE0 F't AMSL ?i OETAO� COTE/ANTENNA LAYOUT PLAN SCALE: I"= Zo' O ANTENNA NOTES. S-1 SCALE: 1 = 60 1 ° ' " [' e _ _ t ' . ... . , .. `� •!•I _ . ' '•..-�. . 1 5/8' 0.0 TOP RA I Pfl I I / cs. , , • - N "TE -- - - _ --- . w .._.._, . s - - _ v . ,IE 2 ,TYF�g OF G>:[•;L . 3 C,`r 3 "1r1' _ tnl.l IE f ner. I v _s .t a�. I�.C.".4 s'4_ •�• CLUSI(It. ['I[A RIINJ(1[ICl1f{., _ � .�. °1NT..PLALI=OF�t,�l AN Ali. ._• TG.—- - - .-. - AND _ sl�k, y.� w fOAMEO TOR iION Of PIER .. ate. N�• V� �1��".rT��S � b T3E..DESI61�1 -Q .&..:SL1.PPt-)EDT,. y•� Z i0 Z ii - CTR�L�If�F P 1• Ax. IF �} -3_4+ rTR'�. oT1_ _. 1 t w , //v[FTf o'!F-CENTER fI ccelrFlf• ; j E ` ':� Q ONO IJFG?UT3E ;T HE 1NraTAL-L4+� ON' _._ - J -a-�' C o' 120•s+ ra° O; J } BY M POD .. _�. --- - :QF ALt..."ANT• �'"�wE' •L ray , " - • :? E S GTO ' t/ •' 0 0 tR o ) o N ' METRO.�?btE > w D a� TXA 2 .O. PST 0 D.C. O � Z w 3' 0.0. T IIINAL AND CORNE POSTS 4 -, CRBLE LENGTHS. ' t F1 (4 O.D. G E POSTS) V ! SEGT4JtZ-.IZYCIA SOTL. L3E/A INO GAPPAGITY MUST i � _ I ro1Nrx �) 7/8" FOR LESS THAN 225'BE OETEIRMINED AND eNGIN6ERED eesfruri o p4' l ° I 1 1/4" FOR 225' TO 325' _ 1 _ - ___._'� _. EI ,r..,e5 j . W UN O TION, ; U _ wo -© 9 GAUGE CH N'LINK, 1 5/8" FOR GRERTER THAN 325' m ! aO W ME E NT FANY 2" P(�IOR TO IGOM NG M EQ� N O :wolztc �.RLL SECTOR ANTENNAE TO BE �s N m (� INSTALL D N W '� • : s• - l )'-0•MINIMUM •1• ' I II I y;kSIDE '.OUTSIDE E 0 DO NTILT BRACKETS ill . F, I 1 1 �.. P� A wE[O V R L, 0 E ( C TDT 20) N rocfmE ENDS . �. - • - of r/ES A r V-i• '• :J.• AP ° N EN Ti •'� JE 8 W V_ I 1 I ;. r GRADE i f 5'.o•DIA, CIRCLE :i YERT[CAL BAR I, I� ` ANTENNA/CABL_E' INFO I —� • .• EVENLY SPACED It o _ _ CTRLLtNE OF a'OIA. ORrLLEO . , '. '.• Q " `i > 1 � o w us y Q C ILI HOLE.If OF CENI ER •. w =� . I� I „ SECTOR DEGREE LENGTH COLOR j ;,z a . —�-- 1. >W� a. RX 'T o• ►4o FT GREEN ♦ .1111tA CASING \�{ , r o° o 0 000 PSI.' ': 1NT_PLfi�TI^ORM ONOPOLE +r }- }� } I TO BE Puufo our u N _ °3 ' '"' CONCRETE c " CONCRETIH6 OPERA RON ,L,; J'Y,NIAVNsON_ i o t g'- I I 1 /�f A 0' 13 5 �T' GREEN OVER AT CLOSE r -~ wrn b= i • ,' s , ' POINT ,. t`o ;HW ANCIIORsr II �) I g� i •� . _ RX2A • i¢O ,1I=T GREEN WELO YWICA AR "+ a 3iF3Ff1i3N wk. CC o _= f1.F, • j— �" t B 120• " 14,01 FT BLUE♦C.• / J06E 1lfEA KITH JIfS, w =4 �� -, ►. T W *' "NP7. • _ D iw v.o wiN aME fR__ °� s' MIN. • ><_ ' -van[[ IDLE TX 1 20 )3 }- (t Q) rR. LINE Of TOWER SASE PLATE R i I� D ✓r' F { BLUE Z '� 5. _ --.SEA t1NG:�APAGSTY MUST' ♦ ► -STUB COMA. PIE R�R�IN 0 N , a I I _BE D�T`ERNtTNED AND ENGINEERED �9 \� — I•TE3T- ?Ar 3� 'PIPE O.D. -.RX 2t3 120 I¢O FT BLUE u °° W AND FORMED PORTION OF PIER , , I 3„ • ' YVi.T.H MONOPOLE. FOUNDATION j TYP/CML CA/SSON SECTION • .-t.-I�-�i-�—• _ I �'IaIOR TO THE oivIMENCEN'T' O - .,-T— �_-N F1-F - F1 ( F� 6 -�E�N�C FtX T C. 240 1¢o FT WHITE' 3 f- - _ T �14 1 — --1 — t W N -•1 S I D �"t•A I �. -rx c 2 4 0' (3 5 t=T WHITE -� • W O pV _ % ,, nAn —1 1 N Y' WOrK'• ' )1 !� VfRTICA2 I V W RSASEPLATE` ' - RX2G 2.40�' 1�0 �T• WHITE Z d N-t- W " - ON PIER LONC 510E fOR otYEN511 STUO CLUS�L �_ I a „ A I ANO fORYEO PORTION OF PIER I `l_ Z i— ` f , - METRO ONE "JOB RESPONSIBILITIES A. a0 T CIRCLE I ' IO. Z 'ROP05E ! GO F{fGH , o P r - E.1 • '• 2 ' - t 1Vio,NOPo"L �� _ / 1 ' I �� JGA PRODUCT. MGR: ALEX C�at26ohiF" _ ; m I-- 0 o S co REAL ESTATE MGR: O /co LYNN LOT:IMCT��t;�.al��1 W . c /"' � •�� . . t-——�--, eiNT .GABLES TOUTED INSIDE ,.:' w z • MONOPOLE _ ( ~! - - -- , � � .I CONSTRUCTION MGR: r vn) >� ^ ,� "�, < �• RADIO ENGINEER: C LF N hI k TTF � _ uj I u • I BASE PL.1 rE= t w Ic W \ DRAWtHGS STRUCTURAL ENG' PE7E PA`P'A-j < LJ 1 I I 4= ;' JGA SURVEYOR. .J _ 'C�I)S NEDI NG� 2 Q_ .. ¢ t �GTo - I � '>�UR.- - S 2 � •R RX .RX S , W o ., [- J rA. Ax oR STUDS �- i. I 240 . 1. ANXORIEXrSTUD�-xS ZONING . MGM;.: GEC fib' •[ { - SNOWN. llAx. TOLERANCE! r/M "fit '� I�l.eC Nt I 1' _. . •$ TABLE OF CAISSON DIMENSIONS I `. E(TOR-TX C '1' T-? _ - �' LL55 C �M ISSUED DRAWINGS TO METRO ONE m ti t v r PAST ORIENTATION' (ANCHOR STVOS)FOR ALIGNMENT TO TRANSMISSION I l I I Oe o' GRID SYSTEM TO BEE SUPPLIED BY ANI`S RADIO FREQUENCY ENGINEER OH DESCR1PT om OF ITEM - ITEM f0!! NNC/ES "O � p nL65 IN 2 COND `� �T, -^�i7 2- 0O SITE OR THROUGH(OPERATION REPRESEHTAr1YE ON SITE, BEfORE• OJ _ - THE COMMENCEMENTr OF THIS fOUNOATOOK WORK. TOTAL LENCTN Of`P/ERp A -J� - 0— fi JUL 2 IN 0 PRELIMINARY ONLY (NOT REVIEWED BY JGA) S `' DN D__l=RG R;Ot1N D_170 EOU I PT P% . I ECTO R- RX 2G. oJ�(±` „ }'�� RX it ANCNC7R STUD ARRiI NCEMENT DfPTN Of fOAMEO PIER B J • G _ REVIEWED AND APPROVED) B GR :GRADE SECTION F1=F1 TIER ABOVE cRAof (� [ VED Y J I > AxcxoR Stuo [MeforfNr J J -- "- -- - � n OPOLF3 .Fot1NDATIC?N I ANCHOR STUB PBaxcrraN [ [, L-J REVISIONS EVIEWED AND APPROVED BY JGA �_ee MINI=_RED1_ . . - CHECKED BY t o m s EL EV4�ATfl0N 4 ANT[ NNA �lii Oo UNT°C� ®TLC SCALE° 4a , M O N O P CO L F. FCC U N DA71 O N E IGN f> 1 . DATE S-i SCALE: NONE S-i JUENGERT GRUTZMACI•EF2 ASSOCIATES. P.R. SCALE : NaNE 4 S 3 R S.KNAPP CO %.I f '- DECLINATION w 33 130 +/-WEST g75: 6p Q� ro Ito. a � 335y w 1 ?9� uo w 2 }, 83. 4 3 .''� t� EAR G � � Z FF 33..00 - --_HEAP -__WIRES ZC fol _ 1 STORY FRAME o ' � A � BARN w w -� GAR , , o �" j Z FF' EL , N�o�! REF�iz -i'o SNE�T 1�5•I. 1/S-3 w o I: � a .� 32'. 50 - 1 � � � ~ � i 'Z O PROP SED 10d GH 3 ; ; N o Q Gi � �j0 W ,`. . cc MONO LE G��-�� FF EL --• RE00' u Lo AREA a 80495.5 S.F. 3 2,.-7 7 ; SE�te AcK VA N '' � Q ' ' 4 0 1.848 ACRES 26�� w t-a Zg95 0 0.0 4 PROVIDE (2) 8.5'x 20' GAR 4 .I\ - PROPOSED UNMANNED O I PARKING SPACES FF' EL i w `� - A TELECOM. EQUIPMENT ,'� • 2 33)9 % , LY S P r ROOM IN EXIST. BLOCK N IQZ 33 •09 3,Ly6 , I �" - Y N � eLDG. +� t2-a STY/• .T: PROPOSED 10 WIN ,� ► lo'± �► tv _ _ _ _ . ' la) _5 r9 .WIDE c,.gTE 34 ' GRAVEL DRIVEWAYS a N ` +� 6 w O ❑ �� b� �-/ ,)g B (SEE SECTION 2/5�11 _ 2"LAYER OF 3/4" QUARRY STONE N N , G ZONE . L PROPOSED 6.O' HIGH 0. CHAIN LINK FENCE `� \ ... _ (INSTALL FENCE TO CLEAR � N '- �.- \ r EXIST.TREES AS REWD.) - ~ \l�r\ , tp a r a 3. Z ��4 --- � N � ('� ._ _..._ 5" COMPACTED LAYER OF 5/8" QUARRY STONE U1 2 80 a0 _3 � W m w 11 `t• ! 0 09 - - rz W F.� m 1 EXCAVATE TOP SOIL LAYER AS REQ D. o I A 2g. ----- --- .� • ►- • � N . i� t}i �'/ • 31 3?'--- N 1�� w w 0 �' �� I �. 3' 2 ,Z SECTION THRU GRAVEL DRIVEWAY PAP, W ¢,tt °p w STONE 325 APO. q$$ . 05 ' { • 1 :1 i ' - 2 BLUE STONE o Lr DRIVEWAY �p , ,w , CONC 22� o S870 55 12 "W • i _ �rJl J1 At t J r✓V e V Q O, LtJ f F�I�A 1 STORY BLOCK a" iar K R I�LITCJF_-_.C.CaN�"�C.TIOtJ �, Z z ? t pErz�t i T-t-E p fW rrr•I t TNT cr2oss B U I L D I IN G , x -mL4errs AJW-&'r wot-jw, �, • �'' W : J V Q>t W LO N �•• _; F„ a a cp IL AIA p 0o N C4 Z 0 ra u if '0 ( S J •R ,,, zui N oc = Y = IJ < R w & 3 OA 0 Y z Y SCALE 0 30 60 9 15 e s _ A, ht — C PfzofyE U STY S R•u�Y - - ---- ;.1UL 2 71992 IW I ,T P t MFTRO ONE 'JOD �'RESPOiNSIBIL T T IFF T , �-2 {11 o� _o,� ` : ' ISSUED dRRWINGS TO METRO ONEt N JGA PRODUCT. MG R: CAP. ioN�► u < REAL ESTATE .MGR: i- ioatMM<rFi. ❑ �a.IMINARY ONLY WT WVMW*M BY .� CARMAN - DUNNE , R C. OF �•� SITE PLAN CONSTRUCTION MGP.: `' r AND AM4KWED BY JGR CONSULTING ENGINEERS a SURVEYORS �'���•�I c� '��`� w����+I 1� : � ' OF PROPERTY IN LYNBROOK , NEW YORK RADIO ENGINEER:, G'►L*W N �-~� ❑ OWW"aw AIMED MO ftvMVVCD BY E . MATTITUCK STRUCTURAL ENG: PLTI~ f4F�`( m',. , •T a �, a° Y CIECKEb BY RICHARD H. SCHROEDER JR. P.E 042T82 P Z < ;JGA SURVEYOR: SUFFO L K CO., N N. Y. j ; situ DATE 4 �4p. .� J '! f', W. I; _ .ART ASSOCIATES. PA. MAP N0. 91010 DATE DATEt JAM , 1991 `'' S� `• • Z f 'Yr a,} 3 # R.S.KNAPP CO r .,;