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HomeMy WebLinkAbout4058 SCr_`T L. HARRIS %� ' �° ' �a. Town Hall, 53095 Main Road SUPERVISOR P.O. Box 1179 Southold, New York 11971 FAX(516)765 - 1823 � " .n'V�, TELEPHONE(516)765 - 1800 a`v� BOARD OF APPEALS : OFFICE OF THE BOARD OF APPEALS Gerard P. Goehringer Chairman TOWN OF SOUTHOLD 765-1809 ACTION OF THE BOARD OF APPEALS s' Appeal No. 4058: , NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to construct monopole radio tower and accessory ' equipment-storage building with insufficient side and rear yard setbacks. Zone District: Light Industrial (LI) . Location of Property: 21855 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-1-19.1. WHEREAS, after due notice, a public hearing was held on October 24, 1991, and at said hearing all those who desired to be heard. were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony , and documentation submitted concerning this application; and ,F WHEREAS, the 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. The premises in question is located in the Light Industrial (LI) Zone District in the Hamlet of Cutchogue, Town of Southold, and is 'more particularly identified as County Tax Map District 1000, Section 96, Block 1, Lot 19.1. 2. The subject premises consists of a total area of 1. 04 acres (or 45,598 sq. ft. ) with a frontage of 168 feet along the north side of County Route 48 and a lot depth of 252+- feet. This parcel is improved with an existing building and uses which were the subject of a conditional approval by the Board of Appeals under Appl. No. 3835 rendered April 27, 1989 and Appl. No. 3705 rendered March 3, 1988 (Arthur L. Junge, Inc. ) , as well as site plan approval by the Southold Town Planning Board. 3 . By this application, reduced setbacks are requested: (a) from the northerly rear yard and westerly side yard at 14 feet and 24+- feet, respectively for the 13 ' by 27 ' foundation of the proposed accessory storage building, and (b) from the northerly rear yard at 39+- feet and from the westerly side yard . at 21+- feet for the foundation of the proposed monopole tower- - Page 2 - Appl. No. 8 Matter of NYNEX MOBIL COMMUNICATIONS Decision Rendered November 21, 1M structure, all as more particularly shown on map of proposed site plan and details prepared by Richard E. Tangel, P.E. dated July 31, 1991. 4. The subject premises is located in the Light-Industrial (LI) Zone District, and the setbacks applicable are noted for a principal use structure at 70 from the rear property line and 20 for the side yard. 5. The following documentation and site .plan information are noted for reference and consideration: (a) an existing tree (screening) line is shown along or very near the northerly and southerly lines of the subject property; pine-tree screening must be located along the westerly property line, as shown on the site plan maps; (b) also proposed is. a -stockade fence along the northerly and easterly sections of the proposed equipment storage building; (c) Certificates of Occupancy have been found of record for the existing uses as follows: ( 1) #Z17295 issued on September 13, 1988 for the electric shop/building of Arthur V. Junge; ( 2) #Z18981 issued on April 23 , 1990 for a wholeale bakery and for Local Talent, Inc. in the existing light-industrial building;,, (d) the proposed equipment storage building and tower structure will be unmanned,, not requiring active daily parking for additional on-site perisonal or any increase of on-site customers related to the establishment of this public utility use; (e) other site plan elements are to be placed as conditioned by the Planning Board under its simultaneously pending site plan application {see PB letter of 11/7/91) ; (f) . New York SMISA Limited Partnership and NYNEX have furnished information for the record concernings its licensing as a public utility to provide cellular radio transmission serving to its full extent the public interest, convenience and necessary as per written consent and order authorized by the N.Y.S. Public Service Commission, Federal .Communications Commission, etc. , which includes limitation on the Effective Radiated Power for mobile transmitters up to 7 watts, and output power for mobile transmitters up to 60 watts. It is also not permitted to be assigned or transferred to any person, firm, company, or corporation without the written consent of the Commission; and it is understood that upon any future proposal of this applicant or owner,'(s) to transfer or assign this Page 3 - Appl. No. )58 Matter of NYNEX Mobile Communicat .ons/lunge Decision Rendered November 21' ' *1991 authorization, subsequent application to this Board must be filed for consideration. 6 . Other relevant technical information considered in this project are also noted below for the record: (a) cellular communication systems must operate through a network of cell sites, the first for this applicant in the Town of Southold at the subject premises in Cutchogue. (b) this cell site has two principal components, a 12' by 26 ft. ( 13 ' by 27' foundation) structure for computer equipment storage, and transmitting/receiving antenna-tower structure, both of which are incidental and necessary to operate a wire line telephone communications use. The top of the tower is 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the top. There would be two whip antennas that are 10 ft. above that, and one below. (c) the tower and building are monitored seven days a week, 24 hours per day per FCC mandates, although it is unmanned physically at the site. (d) the tower and antenna are solely for use by this applicant/public utility and will not be rented or leased to any other corporation, person, firm or company. Also, it is expressly understood that no new cell, or expansion will be established, unless further application and approvals by this board and the regulating commissions, on this site in order that appropriate criteria may be evaluated, including engineering data relative to wind pressures, wind loads and other safety considerations for such future utility expansion; (e) the design of the tower and antenna submitted is not a steel lattice design; this monopole structure must, however, be designed to withstand continuous wind loads in excess of 150 mph and wind peaks of 190 mph or more (sufficiently mounted with wires and brackets capable to support these pressures) . 7. This date, a Special Exception was conditionally approved by this Board concerning the applicant' s request under Article XIII, Section 100-130 of the Light Industrial (LI) and Light Industrial-Office (LIO) Zoning Provisions for authorization to establish a telecommunications use by a public utility. Page 4 - Appl. No. 4um8 .3 Matter of NYNEX MOBILE COMMUNICATIONS Decision Rendered November 21, 1991 8. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief under the circumstances; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than a variance (e) is uniquely related to the property and is not personal in nature; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for the reduced setbacks requested and noted above on the first page, paragraph #3, in the Matter of the Application of NYNEX MOBILE COMMUNICATIONS, SUBJECT TO THE FOLLOWING CONDITIONS: RESOLVED, that the application for a Special Exception for the establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. .4062 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other safety considerations for such expansion; 3 . No microwave dishes, as. agreed by the applicants (none Of which are proposed during the consideration of this application) ; Page 5 - Appl. No. �8 Matter of NYNEX Mob-� Communications/,:lunge Decision Rendered November 211 1991 application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. 5 . The setbacks shall be not less than that applied for and shown on the plan dated October 18, 1991 (Drawing No. 92-801.2) prepared by Richard E. Tangel, P.E. , from the northerly property line. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) . This resolution was duly adopted: * is * �c lk i =' GERARD P. GOEHRINGER, CHAIRMAN k-ECEIVED AND FILED BY ME SOIJTHOLD TOWN CILRIN DATE 3� HOUR F-'30RM s Town Clerk, Town, of Southold rJ SCOTT L.HARRIS ' APPEALS BOARD MEMBERS :,;1 ;;UFrOL,�c OG Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Serge Doyen,Jr. cry tb` �. Town Hall,53095 Main Road ►�- s r }`+i -.• t+ P.O.Box 1179 James Dinizio,Jr. Robert A.Villa Southold,New York 11971 ,�.s Y Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 24, 1991, commencing at the times specified below: (1) 7: 30 p.m. App1. No. 4060 - ANTHONY C. MEISEL. Variance to the Zoning Ordinance, Article III, Section 100-30A.3 and Article XXIV, Section 100-244,-.. for permission to construct open deck addition (to existing dwelling) with an insufficient frontyard setback. The lot area is nonconforming in this R-40 Low-Density Residential. 1275 Fanning Road,' New Suffolk, NY; County Tax Map District *1000, Section 117, Block 4, Lot 30. (2) , 7: 33 p.m. Appl. No. 4059. DOROTHY F. CAREY. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct proposed addition and deck with insufficient frontyard setbacks. The subject parcel is known as Lot 7 on the Map of Edgemere Park, is substandard in size, and is located in the R-40 Zone .District. Location of Property- i P3ge . 2 - Legal Not: Hearings for October 24, 19"91 Southold Town Board of Appeals Corner of Edgemere Avenue and McDonald' s Crossing, Laurel, NY; County Tax Map No. 1000-128-6-20. (3) 7 : 35 p.m. Applications of NYNEX, MOBILE COMMUNI- CATIONS/ARTHUR V. JUNGE, INC. concerning premises located in the Light-Industrial (LI) Zone District and is known as 21855 County Road 48, Cutchogue, NY; County Tax Map No. 1000-96-1-19.1. (A) Appl. No. 4058. Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to construct monopole radio tower and accessory equipment-storage building with insufficient side and rear yard setbacks. (B) Appl. No. 4062. Special Exception to the Zoning Ordinance, Article XIV, Section 100-141B( 1) for permission to establish public utility use and construct monopole radio tower and accessory equipment-storage building. ( 4) 7:45 p.m. Appl. No. ,4061 - EDWARD T. ROUSE. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281, and Article IIIA, Section 100-30A. 3 , Bulk Schedule, for approval of. insufficient lot area and width of two parcels, each with a preexisting single-family dwelling. Location of Property: Corner of Sterling Place and Champlin Place, Greenport, NY; Lot Nos. 60, 61 and' 62 on the Map of John G. Champlin filed in the Page 3 - Legal Not Hearings for October 24, 1991 Southold Town Board of Appeals Suffolk County Clerk' s Office as Map No. 337; County Tax Map Parcel No. 1000-34-3-28. ( 5) 7 : 50 p.m. Appl. No. 4028 - RICHARD AND LISA OLIVERI. (Amended) Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate new dwelling, inclusive of deck and steps areas, with a setback at less than 75 feet from the landward edge of the freshwater wetland. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY.; County Tax Map No. 1000-006-06-20. 5, containing 2. 5 acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the .above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more information, please call 765-1809 . Dated: October 11, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS � GERARD P. GOEHRINGER f CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 10/11/91 L.I . Traveler-Watchman For Publication Copies on / /91 to the following: FORM No.3 TO1VN OF SOUTHOLD BUILDING DEPARTMENT TO1VN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . . . .AUGUST 15.. . . . . . . . . . ., 19 9.1. . . To ,MARIE.ONGIONI,- ESQ. (AGENT) NYNEX MOBILE COMMUNICATION (LESSEE) ARTHUR JUNGE, INC. 218 FRONT STREET BOX 562 GREENPORT, N.Y. 11944 PLEASE TAKE NOTICE that your application dated . LY.91 ,a; ,REC. AUG. 13, . 19 91 for permit to .. CONSTRUCT MONOPOLE RADIO TOWER & EQUIPMENT BUILDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property 21855 COUNTY ROAD 48 CUTCHOGUE, N.Y. House No. Street . . . . County Tax Map No. 1000 Section . . . . 96. . . . . . . . Block Street I . .. . . . . . . . Lot .19:1 Han�let . . . , , , , , _ Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .UNDER ARTICLE XIV . . . . . . . . . . . . . . . . . . . . . . . . .SECTION 100-142 PROPOSED CONSTRUCTION WILL HAVE INSUFFICIENT SIDE YARD AND REAR YARD SETBACKS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ACTION REQUIRED BY THE ZONING BOARD OF APPEALS AND SITE PLAN APPROVAL IS REQUIRED BY- THE PLANNING BOARD. . . . . . . . . � ;, 'ter' • - . . . - YUilyli q Inspector THOMAS` J. FISHER RV 1/80 B OF 11EALT11 . . . . . . . . . . . . r-011M NO. 1 3 I'S OF PLANS . . . . . . . . . . . . S U R V F'y . . . . . . . . . . . . . . . . . . . . .. TOWN OF SOUTHOLD CHECK . . . . . . . . . . . . . . . . . . . . . . BUILDING DEPARTMENT SEPTIC FORrI . . . . . . . . . . . . . . . . TOWN I IALL SOUTHOLD, N.Y. 11971 NOT i I,y TEL.: 765-1802 CAI,[. . . . . . . . . . . . . . . . . . . . . . Examined . . . . . . . . . . . . . . . .. 19 . . . MAIL TO : Approved . . . . . . . . . . . . . . . .. 19 . . . Perinit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Buildin.c-, liv;pector) APPLICATION FOR BUILDING PERMIT Date Ju I.y . . . . . . . .119?1. INSTRUCTIONS a. This application must be completely filled in by typewriter o r in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location or lot and of buildings on premises, relationship to adjoining prernises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application iniy not be coinnienced before issuance of Building Perulit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for icinovil or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in biffldhig for necessary inspections. NYNEX MOBILE COMMUNI*CATIONS . . . . . . . . . . . (Signature of applicant, or name, if acorporatl0n) c/o Mari.e Ongj.oni , Esq . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect• engineer, general contractor, electrician, pluniber or builder. Le.s.see. . . . . . . . . . . . . Narne of owner of preniises . . . .AT'Lliur V . Jun.gq Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (:is on the lax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warne and title of corporate officer) Ej W L_Z_1 Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Pluniber's License No. . . . . . . . . . . . . . . . . . . . . ii Ls 6 1991 kL bi Electrician's License No. . . . . . . . . . . . . . . . . . .. . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . I Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Middle Rdr . t y • Rd . 48. . . . . . . . . . . . S.o u I-)i.o.-1 d [louse Number Street hamlet County Tax Map No. 1000 Section . . . . 9.96 . . . . . . . . . . Block . . . . . . . . . . . .. . . . . . Lot . . . 19. . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1--iled Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . 2. State existing use and OCCUI)MICY of premises and intended use and occupancy of proposed construction: a- Existing use and occupancy . . . . . . . . . . . .Comme x-e1a I - o-f f i.c e.s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy 'radio some use of. pj Tp.s�ta].Jat. Lon of a monopole. . . . . . . . V4 d 1 owe and equipment: btl1j.J,d i.1;g :w. 3. Nature of work (check which a, .-ble): New building . . . .X.. . . . . . . . . . . . . . . Alteration . . . . . . . . . . Re . . . . . 'Repair P' . . . . . . . . . Removal . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work ... . . . . .,. . . . . . . . (Description) 4. Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . ... . . . . . . . . ... . . . . . . . (to be paid on filing this application) 5. If dwelling, number of dwelling units . . . . n a. . . .. . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . . Ifgarage, number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . . . . . . . . . 7. Dimensions of existing structures, if any: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same stricture with alterations or additions: front . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . ties . . . . . . . . . . . . .. . . lleiglit . . . . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . 8. Dimensions of entire new constriction: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Height . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . . . . . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . 10. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . 11. Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoninglaw, ordinance or regulation: . . . . . . . . . . . . . . . . • . . . . . . . . . . . • . . 13. Will lot be regraded . . . . . . . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Pl►one. No. . . . . . . . . . . . . . . . Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Plione No. . . . . . . . . . . . . . . . PLOT 1)1AGItAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. Aw",d) G�i,�l� STATE OF NEWY�°O COU11-I OF . L F i S.S • �:/.L,�° ' C•�'•C�l being duly sworn, deposes and says that he is the applicant (Name of individual signing contractY� above named. 7 IIe is the . . . . . . _ �. �, ��c-'C ?!� . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �lss- s (Contracts' agent, corporate officer, etc.) of said Qwaer_.or---owners; and is duly autliorized to perform or have performed the said work and to make and file this application; that all statements contained in.t•his application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in thi application filed therewith. Sworn to before me this . . . . . . . . . . . . . . . . . . . . . . . .day of. . . . . . . '. .`. . . 19 . . . Notary Public, . Coti11ty ,g afore appJiyant) rOWN OF SOUTHOLD, NEW'YORL_ RECEIVED APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. d��� Ste 1 199 ( 5-� DATE ........ ... ..r��lt..`�.. TO THE ZONING BOARD OF APPEALS, TOWN OF s@Wjjtj9kMdrryC1ark 1, (mox.....NYNEX..MOEIEE„MIKKATIM.......of .... ... FRONT„STREET Name of Appellant Street and Number N...................G r e e n p o r t ......... ...................................... ............... ............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .......July , 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO NYNEX Mobile Communications ................................................................................. Name of Applicant for permit of 2000 Corporate Dr Oranebur N Y 10962-2624 ..... ... .... . . .. ....... . ...... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) BUILDING PERMIT 1. LOCATION OF THE PROPERTY . 21855 County Rd . 48 , Cutchogue , N. Y . ............................................................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 96 Block 1Lot 19 'Current Owner Arthur V . Junge , Inc . ...................................................................... Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XIV Section 100-142 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 4. PREVIOUS APPEAL A previous appeal 6tju5)r (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 100-142 is requested for the reason that the proposed structure and its location do not meet the side and rear yard set—back requirements and variances are required for both . Foizn ZB1 (Continue on other side) REASON FOR APPEAL :� + r a, .a Continued fP01 r! i 1 L STRICT APPLICATION OF°'THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau,§e,�)th6eVrsite hass. a building and parking area already in existence and placemen't 'df•"ttie requested building and monopole to comply with the set-back requirements is either impossible because of existing structures or would require destruction of an existing pre- viously approved site plan . Additionally , the owner has entered into a lease agreement for this particular location for the placement of the building and monopole . 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 of a pre-existing structure and the small amount of area required to fulfill the applicant ' s needs . Additionally , the requested structure is unique in that it is the only method of transmitting communications for a cellular mobile communica- tions system. The increased usage of cellular telephones by the public requires -the installation of proportionately spaced radio antennas to fulfill a public utilities obligation to respond to the needs and demands of the . public at large . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the structure is a permitted use in L. I . district ; the site is surrounded by commercial and/or agricultural uses and will not interfere with or be aesthetically incompatible with those uses . l STATE OF NEW YORK ) ss ...... COUNTY OF SUFFOLK) ig azure day of. Q� Sworn to this ................... y 19 7 ......... ........... a............... Notary Public CARMELA L BORRELU Notary Public,State of New York No.4626699 Qualifier)In Suffolk County Commission Expires January 31,19 TOWN OF SOUTHOLD PROPERTY RECORD .CARD A 2-i OWNER STREET VILLAGE DIST. SUB. LOT Ykior A �C(1 1`@ ko a (i �C�a (� e 6 Ae—rc-�-1`0cQ C� . FORMER.OWNER It N _ E ACR. /..' of Y,-7,r Uv'! M S W TYPE OF BUILDING ' �NR V W r e k'NA At /V1 I REST SEAS. F FARM COMM. CB. MISC. Mkt. Value LAND IMP. OTAL DATE REMARKS 7 c;? f Nq Pi7-c J, W c K M 1/2 z - /.Z J3/'7 Sol A �t"�M,l 0 D z 671 .,A 46 GEf BUILDIN�G. CONDITION, 5 a7 , (P Sr _ aA e(ecf-f c Sk)�o gg CC'' NEW NO L BEL ABOVE FARM Acre Value Per valudor b Acre I.Se LE 000. Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER v6 1 SSA=J L,..ele el Brushland FRONTAGE ON ROAD House Plot DEPTH 2s� � BULKHEAD Total DOCK �. NOON■ N■N■ ■■NME■■M ■■■ NOON■■■ NONE■■ E■E■■ NOON NOON■■■ ■ 1 liJi lj Vi i tasl I l as r 1 w pypy► . : , _F ,1I1���' :t ,C �� '�' Imo. 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C i.. w�ererniree n!o � arnea:fn�Seri shi�nm b 0oneideraC F 1 m b a vvw mr cow. i"��nmoon amp it , wry.m me meson tar winm Mo tanel - � � ���� � � � Y preunad end on ha t�ehaH m the -+ •�' •_ 3 �� _ to a conw+nY:Vmmttai aaerXYild - `� TAl1iK Ymed naeeu^ i t1 totrw ww-y m of me{endit im*. � � �/ nAion.Gwrsntses wa nw ermwtiidtY CEiraFppL a �2! Ll1ieai mmluitlon�e . Gwrjw -.LU12Str+G �` ?M-35'To CUIZVm ONM.-M COX 5 LANE �•��__ �� K v �0 M:r7 ;y O�P��4h�G9� R <� �RAMENDED-FEB.14, 5EFT.10 1q9; - ��yo ry�aW Mt�D.LE C•R.dE r:rA:' —� �SEocsz55J� lAfyO GUAZ:'E EG iG y40'T FO2k BAND it T ,+S(CO -' AN 7j-j"L V. .sUF;- :Z.�. TA'y M-tfi= DA:�• i Oho i '- - f LJG. , �ii''K:t. �aHl PLANNING BOARD MEMBERS v4 k"' 1s�4 ''" it ti� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman '" " 'a =' ,� a�r Supe[visor George Ritchie Latham, Jr. � ,� Town Hall, 53095 Main Road Richard G. Ward 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 December 10 , 1991 `E "� [low Aarie Ongioni �' l oo 711' 11 Attorney At Law 218 Front Street Greenport, New York 11944 - J Re: Amended site plan forNYNEX Mobile Communications & Arthur V. Junge, Inc. Proposed Amendment to Approved Site Plan for Arthur V. Junge Industrial Building N/s County Road 48, Cutchogue, New York SCTM # 1000-96-1-19 Dear Ms. Ongioni: The following resolution was adopted by the Southold Town Planning Board at a meeting held on December 9, 1991. BE IT RESOLVED That the Southold Town Planning Board, acting pursuant to the State Environmental Quality Review Act, start the coordination process on this Unlisted Action. The cost estimate for the environmental review will be sent under separate cover. If you have any questions, please feel contact this office. Sincerely, Bennett Orlowski, Jr. Chairman cc: ✓Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney FZI PLANNING BOARD MEMBERS C'' : SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman i�f `q � Supervisor George Ritchie Latham, Jr.Richard G. Ward Town Hall, 53095 Main Road <z Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 10, 1991 RE: Lead Agency Coordination Request for L5 O W N NYNEX Mobile Communications & Arthur V. Junge, Inc D1, N/s County Route 48 Cutchogue, New York j: ; , DEC I 1 j SCTM #1000-96-1-19 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 3 . Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal a completed Environmental Assessment Form (EAF) , and decision of the Zoning Board of Appeals to assist you in your response. Project Name: NYNEX Mobile Communications & Arthur Junge Inc. N/s County Route 48 Cutchogue, New York Requested Action: To construct a monopole tower one hundred (100) feet in height for the purpose of installing a cellular communications transmitter and to construct an accessory equipment storage building for the tower on a Light Industrial site with an existing industrial building. H 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. (x ) Other. ( See comments below) . Comments: The Southold Town Zoning Board of Appeals has already imposed certain conditions on this public utility use which requires a Special Exception. A copy of the resolution, only, is attached. cc: /Building Department *Southold Town Board of Zoning Appeals *Suffolk County Dept. of Health Services Department of Environmental Conservation - Albany * Maps are enclosed for your review • f SCOTT L. HARRIS4�,� Town Hall, 53095 Main Road SUPERVISOR �.; P.O. Box 1179 » f f . r " ' ZL- Southold, New York 11971 FAX(516) 765 - 1823 � TELEPHONE(516)765 - 1800 a, ~•_. w,'�v��� BOARD OF APPEALS : OFFICE OF THE PQARD OF APPEALS Gerard P. Goehringer Chairman TOWN OF SOUTHOLII 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 4058: NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to construct monopole radio tower and accessory equipment-storage building with insufficient side and rear yard setbacks. Zone District: Light Industrial (LI) . Location of Property: 21855 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-1-19.1. WHEREAS, after due notice, a public hearing was held on October 24, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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. The premises in question is located in the Light Industrial (LI) Zone District in the Hamlet of Cutchogue, Town of Southold, and is more particularly identified as County Tax Map District 1000, Section 96, Block 1, Lot 19.1. 2. The subject premises consists of a total area of 1. 04 acres (or 45,598 sq. ft. ) with a frontage of 168 feet along the north side of County Route 48 and a lot depth of 252+- feet. This parcel is improved with an existing building and uses which were the subject of a conditional approval by the Board of Appeals under Appl. No. 3835 rendered April 27 , 1989 and Appl. No. 3705 rendered March 3, 1988 (Arthur L. Junge, Inc. ) , .as well as site plan approval by the Southold Town Planning Board. 3 . By this application, reduced setbacks are requested: (a) from the northerly rear yard and westerly side yard at 14 feet and 24+- feet, respectively for the 13 ' by 27 ' foundation of the proposed accessory storage building, and (b) from the northerly rear yard at 39+- feet and from -the westerly side yard at 21+- feet for the foundation of the proposed---monopole tower y Page 2 - Appl. No. 4058 Matter of NYNEX MOBILE COMMUNICATIONS Decision Rendered November 21, 1991 structure, all as more particularly shown on mazq) 2'f. '. prog D-s;e-di site plan and details prepared by Richard E: °? 3q ,, .,L.. da-"-eA' July 31, 1991. 4. The subject premises is ,located in the Ei± nsrsTi_ (LI) Zone District, and the setbacks applica. 'a.• axm. aza3 t fb3z ai principal use structure at 70 from the rear and. �ff for the side yard. 5. The following documentation and sites. glzzr, i nt-ioxmwes- ona are noted for reference and consideration: (a) an existing. tree (screening) 'rimy: is shown. alJan or very near the northerly and southerly lines01T t subie-c- property; pine-tree screening must be locate ,=_q ttnB3 westerly property line, as shown on the site pLam Ana, (b) also proposed is a stockade f5ense. ..Mang, the: northerly and easterly sections of the propwad-. equipment: . storage building; (c) Certificates of Occupancy harms , fb_undi. ot:� record for the existing uses as follows: .) fVE72=95 _I�M.u3a[t cra September 13, 1988 for the electric shop/L -dam, of _Ka-u1 : W_ Junge; (2) #Z18981 issued on April 23 , 1SST fna-)x a,. bakery and for Local Talent, Inc. in the light-industrial building; (d) the proposed equipment storm b 3T"-i sr an& tawmr' structure will be unmanned, not requiring art- d iily&- 3strk<:hng for additional on-site personal or any incre3<sm ot' an;stita: customers related to the establishment of t1t s pub>>-ic° u=i12_-L- use; (e) other site plan elements are ta. -e-, -glace-f, as; conditioned by the Planning Board under its sZ. tens;1=�� pending site, plan application {see PB letter c& (f) New York SMSA Limited Partrera aril. 1 ELE aeve; furnished information forthe record conce_..-_&a- -.� iitis, 11csmsinij as a public utility to provide cellular radio) t_-r- mi amaz on? serving to its full extent the public inter- - Tzsrfe. : ate: necessary as per written consent and order -A mo o . lty� N.Y.S. Public Service Commission, Federal Commission, etc. , which includes limitatinm. = th?e Radiated Power for_ mobile transmitters up tom- -17 aid vnt—i t power for mobile transmitters . up to 60 watts- 11it fi aT ) permitted to be assigned or transferred tz IMT _ �T" �„ company, or corporation without the writt:.erar c: cr s:Tz- Commission; and it is understood that upcm. �Fmyw Mail. . of this applicant or owner(s) to transfer (U--r- a:a zip Page 3 - Appl. No. 4058 Matter of NYNEX Mobile Communications/lunge Decision Rendered November 21, 1991 authorization, subsequent application to this Board must be filed for consideration. 6 . Other relevant technical information considered in this project are also noted below for the record: (a) cellular communication systems must operate through a network of cell sites, the first for this applicant in the Town of Southold at the subject premises in Cutchogue. (b) this cell site has two principal components, a 12' by 26 ft. ( 13 ' by 27' foundation) structure for computer equipment storage, and transmitting/receiving antenna-tower structure, both of which are incidental and necessary to operate a wire line telephone communications use. The top of the tower is 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the top. There would be two whip antennas that are 10 ft. above that, and one below. (c) the tower and building are monitored seven days a week, 24 hours per day per FCC mandates, although it is unmanned physically at the site. (d) the tower and antenna are solely for use by this applicant/public utility and will not be rented or leased to any other corporation, person, firm or company. Also, it is expressly understood that no new cell, or expansion will be established, unless further application and approvals by this board and the regulating commissions, on this site in order that appropriate criteria .may be evaluated, including engineering data relative to wind pressures, wind loads and other safety considerations for such future utility expansion; (e) the design of the tower and antenna submitted is not a steel lattice design; this monopole structure must, however, be designed to withstand continuous wind loads in excess of 150 mph and wind peaks of 190 mph or more (sufficiently mounted with wires and brackets capable to support these pressures) . 7 . This date, a Special Exception was conditionally approved by this Board concerning the applicant' s request under Article XIII, Section 100-130 of the Light Industrial (LI ) and Light Industrial-Office (LIO) Zoning Provisions for authorization to establish a telecommunications use by a public utility. Page 4 - Appl. No. 4058 Matter of NYNEX MOBILE COMMUNICATIONS Decision Rendered November 21, 1991 8. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief under the circumstances; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than a variance (e) is uniquely related to the property and is not personal in nature; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for the reduced setbacks requested and noted above on the first page, paragraph #3, in the Matter of the Application of NYNEX MOBILE COMMUNICATIONS, SUBJECT TO THE FOLLOWING CONDITIONS: RESOLVED, that the application for a Special Exception for the establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4062 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other safety considerations for such expansion; 3 • No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this application) ; Page 5 - Appl. No. 4058 Matter of NYNEX Mobile Communications/lunge Decision Rendered November 21, 1991 application) ; 4 . No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. 5 . The setbacks shall be not less than that applied for and shown on the plan dated October 18, 1991 (Drawing No. 92-8012) prepared by Richard E. Tangel, P.E. , from the northerly property line. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) . This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN Ira SCOTT L. HARRIS "N� Town Hall, 53095 Main Road SUPERVISOR x� .' P.O. Box 1179 Southold, New York 11971 FAX(516)765 - 1823 � _ TELEPHONE(516)765 - 1800 ^ ,1 0 BOARD OF APPEAL•S,: OFFICE OF THE MARD .OF APPEALS Gerard P. Goehringer Chairman TOWN OF SOUTHOLD 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 4058: NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to construct monopole radio tower and accessory equipment-storage building with insufficient side and rear yard setbacks. Zone District: Light Industrial (LI) . Location of Property: 21855 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-1-19.1. WHEREAS, after due notice, a public hearing was held on October 24, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded;. and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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 fact: 1. The premises in question is located in the Light Industrial (LI) Zone District in the Hamlet of Cutchogue, Town of Southold, and is more particularly identified as County Tax Map District 1000, Section 96, Block 1, Lot 19.1. 2. The subject premises consists of a total area of 1. 04 acres (or 45,598 sq. ft. ) with a frontage of 168 feet along the north side of County Route 48 and a lot depth of 252+- feet. This parcel is improved with an existing building and uses which were the subject of a conditional approval by the Board of Appeals under Appl. No. 3835 rendered April 27, 1989 and Appl. No. 3705 rendered March 3, 1988 (Arthur L. Junge, Inc. ) , as well as site plan approval by the Southold Town Planning Board. 3 . By this application, reduced setbacks are requested: (a) from the northerly rear yard and westerly side yard at 14 feet and 24+- feet, respectively for .the 13 ' by 27 ' foundation of the proposed accessory storage building, and (b) from the northerly rear yard at 39+- feet and from the westerly side yard at 21+- feet for the foundation of the ,proposed monopole tower Page 2 - Appl. No. 4058 Matter of NYNEX MOBILE COMMUNICATIONS Decision Rendered November 21, 1991 structure, all as more particularly shown on iva�p) c ; peso a2r;�. site plan and details prepared by Richard E. :t►Anq di,, P-W- dbe July 31, 1991. 4. The subject premises is located in trh Il; —Tr .a�J3.. (LI) Zone District, and the setbacks applicaNden zm moitEA1 ffz'n- at principal use structure at 70 from the rear jWimpemtF 1QJJR--e� and. W for the side yard. 5. The following documentation and sites plamimn3ornarrx are noted for reference and consideration: (a) an existing tree (screening) 92.a . s; slmmwrf, auqlamw or very near the northerly and southerly li .% of, - subjffv�+• property; pine-tree screening must be locate . &.mnq tom: westerly property line, as shown on the site pilani. ma, ; (b) also proposed is a stockade tfinemmc:e; aaalan.S tth-,Ee northerly and easterly sections of the prow: , e dipment_. storage-building; (c) Certificates of Occupancy haze 1ta: ;. f o-un(5, o&` record for the existing uses as follows: tkY)) JI-MM-S5. ss +' am September 13, 1988 for the electric shop/build1mg- f a�E 2&tt z- %77 , . Junge; ( 2) AZ18981 issued on April 23 , 199R, f[mxr & wr,1ioZe�z1.e; bakery and for Local Talent, Inc. in the exEm-ttl'ag. light-industrial building; (d) the proposed equipment stora(_Mm hu-dn1MrsT an& tomwz., structure will be unmanned, not requiring a ti_% ; cola-ii,lr� Racckdngl for additional on-site personal or any increas:an- of; mn customers related to the establishment of this �wh-Ml= u±�U, H.t ly use; (e) other site plan elements are,, tm) by,-- plan z conditioned by the Planning Board under its; simu.Q;;t iBme-muc "y pending site plan application {see PB letter- of, (f) New York SMSA Limited Partnw, amd. NWEU hame furnished information for the record conce _xgz jits 1±zzansdrux as a public utility to provide cellular ra&= tts ©rn. serving to its full extent the public interest, a necessary as per written consent and order amtb1mm7nzed h�v the', N.Y.S. Public Service Commission, Federal � c Commission, etc. , which includes limitation. =. tthm � v Radiated Power -for mobile transmitters up ) W watts3, asn.& cvxtptut power for mobile transmitters up to 60 watts.. TU.ft Es aOLM- z) n permitted to be assigned or transferred to a W gammaw fj=3„ company, or corporation without the writt (ozaizz t- c tke Commission; and it is understood that upem? '�emw , T9 p�'3 of this applicant or owner(s) to transfer =rg?n tft6a Page 3 - Appl. No. 4058 Matter of NYNEX Mobile Communications/lunge Decision Rendered November 21, 1991 authorization, subsequent application to this Board must be filed for consideration. 6. Other relevant technical information considered in this project are also noted below for the record: (a) cellular communication systems must operate through a network of cell sites, the first for 'this applicant in the Town of Southold at the subject premises in Cutchogue. .„,_ (b) this cell site has two principal components,. a 12 ' by 26 ft. ( 13 ' by 27' foundation) structure for computer equipment storage, and transmitting/receiving antenna-tower structure, both of which are incidental and necessary to operate a wire line telephone communications use. The top'of the tower is 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the top. There would be two whip antennas that are 10 ft. above that, and one below. (c) the tower and building are monitored seven days a week, 24 hours per day per FCC mandates, although it is unmanned physically at the site. (d) the tower and antenna are solely for use by this . applicant/public utility and will not be rented or leased to any other corporation, person, firm or company. Also, it is expressly understood that no new cell, or expansion will be established, unless further application and approvals by this board and the regulating commissions, on this site in order that appropriate criteria may be evaluated, including engineering data relative to wind pressures, wind loads and other safety considerations for such future utility expansion; (e) the design of the tower and antenna submitted is not a steel lattice design; this monopole structure must, however, be designed to withstand continuous wind loads in excess of 150 mph and wind peaks of 190 mph or more (sufficiently mounted with wires and brackets capable to support these pressures) . 7. This date, a Special Exception was conditionally approved by this Board concerning the applicant' s request under Article XIII, Section 100-130 of the Light Industrial (LI ) and Light Industrial-Office (LIO) Zoning Provisions for authorization to establish a telecommunications use by a public utility. Page 4 - Appl. No. 4058 Matter of NYNEX MOBILE COMMUNICATIONS Decision Rendered November 21, 1991 8. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the:-essential character of the neighborhood and is the minimum necessary to afford relief under the circumstances; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than a variance (e) is uniquely related to the property and is not personal in nature; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for the reduced setbacks requested and noted above on the first page, paragraph #3, in the Matter of the Application of NYNEX MOBILE COMMUNICATIONS, SUBJECT TO THE FOLLOWING CONDITIONS: RESOLVED, that the application for a Special Exception for the establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4062 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No- excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other safety .considerations for such expansion; 3. No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this application) ; Page 5 - Appl. No. 4058 Matter of NYNEX Mobile Communications/Junge Decision Rendered November 21, 1991 application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. 5. The setbacks shall be not less than that applied for and shown on the plan dated October 18, 1991 (Drawing No. 92-8012) prepared by Richard E. Tangel, P.E. , from the northerly property line. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONI,S, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) . This resolution was duly adopted. k k ie lk GERARD P. GOEHRINGER, CHAIRMAN PLANNING BOARD MEMBERS x' w SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ® '�?"w ." �: Supervisor George Ritchie Latham, Jr. Richard G. Ward �� r 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 Fax (516) 765-1823 . February 25, 1992 Marie Ongioni, Attorney at Law FEB 2 5 1992 218 Front Street Greenport, New York 11944 Re: Amendment to Site plan of Arthur V. Junge, Inc. for NYNEX Mobile Communications N/s CR 48 Cutchogue, New York SCTM 1000-96-1-19 Dear Ms. Ongioni: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, Februay 24, 1992. BE IT RESOLVED That the Southold Town Planning Board, acting under the State Environmental Quality Review Act, as the lead agency makes a determination of non-significance and grants a Negative Declaration for the amended site plan of Arthur V. Junge Inc. for NYNEX Mobile Communications, last revised on July 31, 1991, signed by Richard E. Tangel, Licensed Engineer, and. received in this office on September 13, 1991. A copy of the Negative Declaration is enclosed for your records. t Please submit a copy of the site plan with Health Department approval (or waiver) 'so that we may proceed with your site plan. Sincerely, Bennett Orlowski, Jr. Chairman `�. 1.4 cm d y a rr PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman `. «. Supervisor George Ritchie Latham, Jr. Richard G. Ward `t r 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 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance February 24, 1992 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental- Impact Statement will not be prepared. Name of Action: Amended Site Plan of Arthur V. Junge Inc. (Industrial Building) for NYNEX Mobile Communications Co. SCTM#: 1000-96-1-19 Location: North side of CR 48, approximately 750' west of Cox' s Lane, Cutchogue, New York SEQR Status: Type I ( ) Unlisted (x ) Conditioned Negative Declaration: Yes ( ) No (x) Page 2. Negative Declaration Southold ,Planning Board Description of Action: To construct a monopole one hundred (1001 ) in. height, for the purpose of installing a cellular communications transmitter; and to construct an unmanned, pre-fabricated accessory service building whose dimensions will be 12' by 26' . This communications facility will inhabit the same premises as an existing industrial building that is 110' by 40' in size. Reasons. Supporting This Determination: No correspondence has been received from the New York State Department of Environmental Conservation' s Stony Brook office. Therefore, it is assumed that there are no comments or objections from that agency. No correspondence has been received from the Department of Health Services. Therefore, it is assumed that there are no comments or objections from that agency. No correspondence has been received from the Southold Town Zoning Board of Appeals. Therefore, it is assumed that there are no comments or objections from that agency. It should be noted that the Zoning Board has issued variances for reduction in the rear and side yard setbacks and for an increase in the maximum allowed height for the tower, and has issued a Special Exception for the public utility use. The Planning Board finds that the potential environmental impacts of the proposed construction are not significant. (The potential impacts of the proposed project also were reviewed by our environmental consultant in a report dated. February 3, 1992. This report has been considered by this Board in making this determination of a Negative �S Declaration. ) The Board' s findings are supported by the following information. 1. The site lies within a large Light Industrial zone, and is adjacent to the Town' s landfill. The proposed use is approriate to this zoning district. 2. While there are two non-conforming residential dwellings to the west of the site, the view of the new building and tower will be partially screened by additional landscaping that will be planted to the west of the monopole. 3 . Since the site will be unmanned, there will be no noticeable increase in vehicular traffic to and from the site as a whole. 4 Page 3 . Negative Declaration Southold Town Planning Board 4. The anticipated radio emissions from the antennae appear to be within the Radiation Hazard Standards of the Occupational Safety and Health Administration (OSHA) and the American National Standards Institute (ANSI ) . For Further Information: Contact Person: Valerie Scopaz Address: Southold Town Planning Board P.O. Box 1179, Southold, N.Y. 11952 Telephone Number: ( 516) 765-1938 cc: Suffolk County Department of Health Services Commissioner Jorling, NYSDEC, Albany .Judith Terry, Town Clerk Southold Town Building Department Southold Town Zoning Board of Appeals z/ Cramer, Voorhis & Associates, Inc. Applicant: NYNEX Mobile Communications' c/o Ongioni Property Owner: Arthur Junge PAGE 8 - Appl . No . 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR V . JUNGE , INC. Hearing Transcript of October 24 , 1991 The Hearing opened at 7 : 52 p .m. The Chairman read the legal notice for the :-,record and application before receiving testimony. CHAIRMAN : We are opening both hearings up in concert of each other. I have a copy of 'the site plan , several maps , most of which are most re- cently dated in front of us indicating the exact placement of these two structures which. are to the rear of the existing and I- will refer to it as a commercial building which houses several uses on County Road 48 , , approximately two parcels east ;of the landfill and the rear of which abuts the landfill belonging to the Town of Southold. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area . Who would like to be heard? Ms . Ongioni . MEMBER DINIZIO : At this time I. would like to state that I work for a company that may compete with your business or perhaps even be a partner so as not to compromise the Board ' s decision , I am going to abstain and leave the room. MS . ONGIONI : Good evening Chairperson Goehringer and Board members . I ' m Marie Ongioni with offices at 218 Front Street in Greenport . I represent NYNEX Communication in .this application for approval of the variance application before the Board for the sideyard setback and also the rearyard setback . In addition , we are before the Board for a determination as to the requirement of this being categorized as a Special Exception as permitted in the Code or if the project would be exempt from the Special Exception because it qualifies as a telephone exchange . If it does qualify as a public utility structure and it has the public utility licensing from New York State and all of that has been submitted to the Board , i•-t is. our contention that this is , in addition toa- public•. .:utility structure; it is a telephone exchange and as such it is a permitted use in the" L-1 district , rather than permitted as a Special- Exc'eption . I have a representative from NYNEX who will address the Board as to the. definition of the telephone exchange in the industry and the fact , in his opinion , this does indeed qualify as a telephone exchange . If .the Board concludes that it is a telephone exchange then it will be a permitted use as Special Exception rule would not be needed. Otherwise , in the alternative , I would ar-gue to the Board that it qualifies - as a Special Exception - and should be given that status . Before I turn over the presentation to. Mr . Sam Ajaeb of NYNEX I have a memorandum which I would like to submit to the Board . I ' m not going to review the memo in detail with You , I ' m submitting it for the record. It outlines the nature of the . variances that are being requested . It covers the legal case law that supports the granting of this variance and also , it briefly outlines the distinction between telephone exchange and Special Exception . \..' CHAIRMAN : Thank you . Page 9 -- Appl . Nos . 4058 and 4062- NYNEX MOBILE COMMUNICATIONS/ARTHUR. V. JUNGE , INC. Hearing Transcript of October 24 , 1991 MS . ONGIONI : Does the Board have any questions of me at this time? CHAIRMAN : Well , we ask the same question when Mobile One came before us in Mattituck . I don ' t mean to be ignorant concerning this but I asked the question at that time and I believe Mr . Smith was repre- senting Mobile One , what is the different functionsof the two companies and I don ' t know if you can answer that question . My question is basically , are you both in competition wi.th each other , is there any unanimity betwe.en the. tw.o of' .you . v MS . ONGIONI : I think Mr.. Ajaeb would be the proper person to answer that. . Mr . Ajaeb of NYNEX . CHAIRMAN : How do you do sir. MR. AJAEB : Sam Ajaeb , Manager Real Estate NYNEX Mobile . Chairman , to answer your question : At the time of divesture , it was intended by the Justice Department and the FCC to allow ' the pdblic the + ' - choice of a telephone company in a non-telephone company referred to as a non-wire ':li•ne i to- previ'de cellular service . NYNEX is the -wire line telephone company. Metro One , they are now known as Cellular ONe , is the non-wire line . There are two choices . We are in the same business , two different companies . CHAIRMAN : So in other words , Metro One would be using NYNEX wires . MR. AJAEB : New YOrk Telephone , yes . In other words , New YOrk and also long distance carriers , possibly AT & T, Sprint or whatever. CHAIRMAN : That answers my question . Thank you. MR. AJAEB; I just wanted to give a brief overview. I think the Board has an understanding of who we are : We are tfie cellular subsidiary of NYNEX . New YOrk Telephone is the major subsidiary of NYNEX . What we intend to d'o here is we are expanding ou.r cellular network to eastern Long Island . This would be a cellular base station , one of about 130 that are in operation now in the metropolitan area , approximately 30 of these base stations are in operation now on Long Island . They consist of a 12 x 26 building with grade storing radio equipment and 100 ' monolithic tower. The monolithfi"c: towercannot be climbed , it will withstand winds in excess of 150 miles per hour which we have substantiated by the manufacturer. If we have to get to the top we use a cart. We require 200 amps of service , no other utility. There is no water . We use batteries for back,up . The only utility requires telephone and electric power. The question of Exchange if I can and briefly in layman's terms , and if you require more details we do have with us . But with the base station is we have a central static or computer in Garden City , Long . Islandthat monitors the signal for Page 10 - Appl . Nos . 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR V . JUNGE , INC. Hearing Transcript of October 24 , 1991 MR . AJAEB : continued our subscribers . This station here , when someone is driving in the area of Cutchogue , as soon as the signal from the proposed station would be stronger than the signal from the station that the automobile is in at that time , this call will then be automatically be switched by our computer and processed to this base` station . This base station then picks up the call and processes the call so the immediate area of Cutchogue I can .now saysomewhere in the area of three to five miles or possibly eight miles , The processing of their call would be done by this base station in Cutchogue . The building would be alarmed , there would be a fire de.te"rrent system in there especially designed so we would not have any problem with vandalism . If .there are any other questions I would be glad to answer them. CHAIRMAN : What does the top of the antenna look like . MR. AJAEB : The top of the antenna is 12 ' equilateral triangle . Its 12 ' and 40" high. There would be two . whip antennas that are 10 ' above that , one below . CHAIRMAN : Is there one around here we could look at. MR. AJAEB : I believe there is . We have a number of them here you could look at. CHAIRMAN : There is one over at Grumann Aircraft in Calverton . Is that a NYNEX or is that a Metro One? MR. AJAEB: That is not a NYNEX . I can give you the dimensions to give you an idea . It`s 36" at ' the:,base , 18" at the top with the equilateral triangle at the top . It is designed that way for two reasons , one , it cannot be climbed , we use an electric cart&for the. wind resistance for the structure. I can provide the. Board with some locations if you care to look at some . CHAIRMAN : We would like' to look at . the closest one around here , if we could . MEMBER VILLA: You said the range is five to eight miles . MR . AJAEB: Depending upon the terrain . - Somewhere in that area. MEMBER VILLA: That would mean you have. another within five radius miles . MR. AJAEB : Yes , we have stations proposed in Greenport and Shelter Island. If the Board wishes we have some computer runs . Page .11 - Appl . Nos . 4058 and 40.62 NYNEX MOBILE COMMUNICATIONS/ARTHUR V . JUNGE , INC. Hearing Transcript of October 24 , 1991 MEMBER VILLA: My concern is how many of these are we going to be looking at all together? MR. AJAEB: I don ' t .think you will anymore from NYNEX Mobile in Cutchogue . The only reason we -would have to Out more in would be for volume or capacity and we don ' t anticipate . We would like to see it but it is not anticipated that we would require anymore monopoles in Cutchogue . I can pretty well substantiate that sir , MEMBER VILLA : The thing is are you going to need these every eight miles . MR. AJAEB : I believe this would be out only. . . I have to verify that if we have anymore in Southold . I ' m not completely familiar with the bounderies of Southold but Long Island and especially that it is flat , the volume or capacity isn ' t required so I doubt if there will be more . We can reply to that. CHAIRMAN : What is the approximate cost of this project ? MR. AJAEB : The cost , are you talking construction costs . The building is a quality building that cost about $40 ,000 . The monopole is something like $60 ,000 and then we have a foundation , we have soil tests done and the foundation is predicated on the soil . The big expense to NYNEX is the radio equipment:'and that ' s hundreds of thousands of dollars . I might mention too that we do monitor this from Garden City seven days a week , 24 hours a day and though it is unmanned , by monitoring it:which is mandated by the FCC , we guarantee that we stay within our range and we can be sure that there will be no interfer:Ence with anyone else , any other means of communications . I will also offer at this time for any public or municipal use , if the police require or ambulance squad , we will allow them to use it. We will also take as a condition we have these antennas solely for NYNEX use , we do not rent out tower space to anyone . CHAIRMAN : Thank you. LINDA FLETCHER: May I -ask a question . I just wondered do people who now have cellular phones are not able to use them , hear with them , is that -correct. They cannot use them , if they have them on in the car. MR. AJAEB : That is correct . It is very spotty. We have one in the . company vehicle , very spotty. There is some service but it is very poor . MS . ONGIONI : I ' d like to address the Board on one additional point. You requested an illustration of the fall down area of the pole which we have submitted . You also requested the consent of the adjacent property owners to that fall down area . I ' ve submitted to the Board , r C \ Page 12 - Appl . Nos . 4058 and 4062 NYNEX MOBILE COMMUNICATIONS%ARTHUR U. JUNGE , INC . Hearing Tra script ' of October 24 , 1991 MS . ONGIONI : continued the consent of ARthur Junge who is the owner of the site , the lessor to NYNEX . I also have the consent of Joseph Schoenstein who is an adjacent property owner. I have met with the town attorney and it was brought up to the Town Board on Tuesday and I understand that they are going to be acting on it at its next meeting . However , I do question the appropriateness of the request for the consent of the neighboring property owners . CHAIRMAN : Do you want me to answer .that now? Marie , this started , there is nothing we do that is mysterious but this started with wind generating towers . Mr. Miller in Laurel had the first wind gnenerating tower in the Town of Southold and of course it dominoed throughout the process . We have had people who have put up all sorts of towers for all -sorts of things and what we more or less wanted them to do is put them in the center of their property and basically , their own fall down area. In this particular case , because you are limited in reference to the size of the piece of property , that is basically the reason why we ask the question , impose that before the hearing because we wanted you to start working on it because we knew you had at least two or three people that you had to talk to , one of which is six people , that ' s the Town Board so that was basically the reason . MS . ONGIONI : I have a letter which I would like to submit regarding the issue of consent and also the issue of whether those- property owners would ,be restricting the use of their property. I do not believe that it is even legal , constitutional to make that type of request. In that regard I have a submission I would like to make but I only have one copy. This is the letter and this Mr. Schoenstein ' s consent. You have Mr. Junge ' s consent. In. practicality and I have attached as Exhibit 6 to the memo submitted earlier , 'a report prepared by an expert in the field which indicates that it is virutally impossible for this monopole to fall down . So the likelihood of that happening is minimal at the most. That is Exhibit 6. on the memo . Does the Board have any other questions . We have an application pending before the Planning Board , the site plan we ' ll do . The site which. they refer to is the same site plan that was submitted' to this Board earlier this week . I think it ' is dated October 18 , 1991 showing the fall down area. Thank you . CHAIRMAN : Is there anyone else who would like to speak in favor of -this application , anybody like to speak against it? My only question of the engineer that might be present is_is there any difficulty in possibly noise or any type of filtering devices that would be required of this particular unit. The problem with cablevision , the problem with any communication that would be near this particular tower. Pa -e 13 - Appl . Nos . 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR V . JUNGE, INC. Hearing Transcript of October 24 , 1991 PHIL DURANTE : My name is Phil D6rante . I work for NYNEX Mobile also and I ' m a radio frequency. engineer. We operate 880 to 894 megahertz which is solely channel frequency the FCC has allocated to us for cellular business . No one else operates in those fre- quencies , just us . You can be rest assured that there will be no. interference to any other type of broadcasting station or tv or what have you in the area . CHAIRMAN : Is there any draw from the building at -all with blowers running or anything of that nature which would cause anybody a discomfort. PHIL DURANTE : The building that we use is a fire .block building , it is virtually soundproof. i� CHAIRMAN : The system that either heats or air conditions that is a compressor system on the exterior of the building. PHIL DURANTE : It is on the exterior of the building . CHAIRMAN : IT wouldn ' t be anymore than a normal compressor noise C_ that would come out of an air conditioning compressor that was placed next to a house? PHIL DURANTE : That .i.s.:c.Qvrectt. -, ... CHAIRMAN : We thank you 'very much sir. Any other further questions ? MEMBER VILLA: I ' m just looking at your Exhibit 6 here which is the engineering report and it alludes to the fact that the two 8 ' diameter microwave dishes .were not installed . Is there goinig to be two 8 ' diameter microwave dishes ? PHIL DURANTE : I saw this for the first time . We ' re not microwave and we don ' t intend to use microwave. There are no . microwave dishes . I believe the intent of that was that if you put microwave dishes that it increases wind loading factor on the tower. We are not , I repeat , not microwave and we are not going to put any . microwave dishes on . CHAIRMAN : Can we strike that from the agreement? I will initial it. PHIL DURANTE : I imagine just determine that if there were microwave dishes it affects the wind loading factor . C\ Page 14 - Appl . Nos. 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Hearing Transcript of October 24, 1991 LINDA KOWALSKI , BOARD ASST: You're referring to Item #3. PHIL DURANTE: Yes. In checking with our real estate people our closest monopole is in Valley Stream, Long Island. However, I. think if you want to shorten the trip Rayndex has one in this area which is substantially similiar. CHAIRMAN: That is the, one I was referring to since I work in the Brookhaven area. PHIL .DURANTE: I don't.want to give them a plug. CHAIRMAN: Let me just ask you a quick question before you sit down. When you say it is spotty at this particular time where would you be drawing from at this time? Would you .be drawing from a Connecticut tower at: this .time or are drawing from one on the south shore. PHIL DURANTE: That is one of the problems we have. Again I can give you in laymans terms and our ,engineer would know more details. Our subscribers are getting service or what we refer to as roaming service from SNET and what happens if you are a subscriber roaming charges are more expensive and our subscribers are disappointed that they have to pay the roaming charges. The other thing, Our FCC license requires us at certain times to provide service along the area that we are licensed. Also, the fact that we are a public utility, the Public Service Commission has issued the PCA, their complaints that go to the .Commission also saying that I subscribe to NYNEX why should •I have to pay roaming charges. So there are a number of factors. Naturally when we were building our system we had to logically do the core site before we came to eastern Long Island. CHAIRMAN: Anything else. No. Bob? Not hearing any further questions I make a motion closing the hearing , and reserving decision. until later and we are expecting a determination from the Planning Board and a determination from the Town Board through the attorney. Although we are closing.the hearing we are waiting for those two decisions. So there will no decision on this particular application until around the 20th of November and if for any reason it is required for us to reopen the hearing, we will reopen it to take that information and then close it back again. The decision on this particular hearing will then be held up until early December. That' s when we will be making a determination. We thank you all from NYNEX for coming tonight. It's been a pleasure meeting you all . ALL IN FAVOR. AYE. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS -----------------------------------x In the Matter of the Application of NYNEX MOBILE COMMUNICATIONS, for a Variance from Article XIV, Section 100-142, and/or, for a Special Exception from 5 Article XIV, Section 100-141 B (1) , -----------------------------------x MEMORANDUM IN SUPPORT OF THE APPLICATIONS OF NYNEX MOBILE COMMUNICATIONS FOR A VARIANCE AND/OR SPECIAL EXCEPTION POINT I Site Background: The property for which a variance and/or special exception is sought is located at 21855 County Road 48, Cutchogue, New York, more particularly designated on the Suffolk County Tax Map as District 1000, Section 96, Block 1, Lot 19 . 1. The parcel is owned by Arthur Junge and applicant, NYNEX Mobile Communications, is before this Board as a lessee of a portion of Mr. Junge's property. A copy of the lease is attached as Exhibit 1. Mr. Junge's consent to the application and construction of the tower have been previously provided to the Board. 1 } � 1• The property was the subject of a decision by this Board in December, 1987 a copy of which is attached hereto as Exhibit 2 (Application #3705) . Mr. Junge's application at that time was a J request for a Special Exception to construct two buildings and establish an electrical shop in the building The district in which the property is located was at that time designated "C" Light Industrial but is currently zoned Light Industrial. The property was also the subject of a second decision by this Board rendered in April, 1989 a copy of which is attached hereto as Exhibit 3 (Application #3835) . At that time Mr. Junge sought an amendment- to the Special Exception application to include establishment of\ a car repair business at the site with outside storage and future occupancy of the vacant building by a use permitted in the LI district. A bakery was subsequently established in the building and copies of the CO for the bakery and Mr. Junge's electrical business were attached to the application filed with this Board. A portion of the site has been leased to the applicant for construction of a pre-fabricated communications building and monopole to allow cellular phone transmission. An application for site plan approval was filed simultaneously with the Planning Board and is pending before them at this time. The applicant filed a request fora building permit with the Building Department which request was denied on the basis that the 2 t proposed construction failed to meet both the side and rear yard set back requirements and a variance from this Board was required. Subsequently, the applicant was advised that the requested construction also required a Special Exception from this Board and that application has also been filed although it is contended by this applicant and will be alternatively argued in Point IIIB of this memorandum that the requested Special Exception is not required as the monopole qualifies as a telephone exchange which is a permitted use in LI. This site was ' selected by the applicant because it is presently utilized by commercial enterprises, is on a major roadway into the area and is located in a district which permits both telephone exchanges and public utilities. The blending of these factors yields the least disruption to residential areas and is not aesthetically out of character with the remainder of the parcel while promoting the applicant's business endeavors which is to provide services to the public. POINT 11 Applicant and Use Background: NYNEX Mobile Communications is a public utility engaged in, among other things, the business of supplying radio cellular 3 telephone service to the public. NYNEX has authorization to provide such service and is licensed by the FCC. Copies of proof of this status and authorization have been previously supplied to the Board. A public utility is an organization that supplies such things as water, electricity or telephone service, etc. to the public, operated by a private corporation under a government franchise. In New York, the courts have determined that public utilities are monitored and regulated by the Public Service Commission. The application filed with this Board indicates that applicant seeks to construct, by use of a pre-fabricated structure, a building to house its communications equipment and a monopole radio tower to transmit signals. Telephone communications have traditionally been conducted over cables which have run the gamut from` copper to fiber optics. In 19821 the FCC began granting licenses for companies to build and operate mobile telephone systems based on cellular radio technology. While traditional systems carry the electric impulses -------------- over cables to telephone exchanges with switching equipment, which in turn transmit the call to the recipient instrument, a cellular system utilizes radio signals to transmit and switch the call. In a cellular system geographic area is divided into cells (usually 4 a , with a radius of 5 to 15 miles) each of which has a low powered radio transmitter and receiver. As a phone equipped car travels from cell to cell, the call is transferred or switched from one transmitter and receiver to another without interruption of the conversation. Cellular systems actually handle more calls than earlier systems that utilized high powered transmitters and receivers for a much larger geographic area. Traditional systems utilize a system which includes a telephone exchange or central office to which a telephone subscriber is connected by cable. That exchange is linked via a trunk cable to other exchanges so that a call can be routed and carried to its ultimate destination through switches located at the exchange. The tower to be constructed by the applicant serves the same basic function of switching or connecting a subscriber and maintaining that call so that it will reach its destination. The similarity and congruence of operation between a traditional telephone exchange and a cellular radio tower is the basis for applicant's contention and alternative request that the construction does not require a Special. Exception as telephone exchanges are a permitted use in the LI district. 5 t POINT III Requested Relief: The building to be constructed will house communications equipment and will be approximately 312 square feet. The equipment does not require on site personnel and thus will not add traffic nor automobiles to the existing roadway or premises. The equipment is serviced by a maintenance crew who will visit the site approximately once per month. The free standing monopole antenna structure will be approximately 100 feet in height adjacent to the equipment building. There will be cables and other connecting links between the building and the monopole. A security fence (chain link or comparable construction) may be constructed if deemed necessary. A. Set Back Variances 1. The proposed structures because of the existence of the building and asphalt parking area have been located in the rear of the lot at the northeast corner.. Although the proposed location meets the total side yard set back requirements (45 ' ) the side yard set back on the east side of the property is approximatelyeQ4 ' rather than the required 201 . The rear set back. is approximately 24 ' instead of the required 701 . 6 The side yard set back is therefore 70% of what is required necessitating a variance or reduction of' 30% and the rear yard set back is 34% of what is required necessitating a variance or reduction of 66% in what is required under the applicable code sections The standard of review for area variances is the well known and often cited Wachsberaer v. Michalis, 191 N.Y.S. 2d 621 (1959) in which the court set forth the matters to be considered by a Board of Appeals: .1. How substantial is the variance in relation to the requirement? 2 . What effect, if any, will the variance if granted have on available governmental facilities? 3 . Will the variance produce a substantial change in the character of the neighborhood or be of a substantial detriment to the adjoining properties? 4. Can the difficulty be obviated by some other means, other than a variance? 5. In view o the manner in which the difficulty arose and considering' all of the above factors, will the interests of justice be served by allowing the variance? The requested relief, although a rather substantial deviation from the requirement for only the rear yard set-back: 7 1. will not have an effect on available governmental facilities, 2 . does not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties 3. has no other means of obviating the need for the variance 4. and justice would certainly be served by granting the requested variances The proponents of set-back requirements have urged the aesthetic objectives as the primary objective of such requirements, Goreb v. Fox, 274 U.S. 603 (1927) . While the courts have stated that health and safety cannot be ignored as an objective, (Wulfsohn v. Burden, 241 N.Y. 288 (1925) ) the relief requested by this applicant does not offend either objective. This structure will be located on a parcel zoned for light industrial use, which is currently being utilized for that purpose. The structures are to be located in the rear of the property, a short distance from the Town landfill. In New York, set back requirements have been upheld, largely because they allow light and air and decrease fire hazards with improvement of appearances a secondary benefit VanAuken v. Kimmey, 252 N.Y.S. 343 (1931) . These concerns are not present with the instant application, and, thus are not obstacles to the granting of a variance. The structures do not affect the 8 light, . air or fire hazards to adjacent property. The requested relief comes under the broad title of an "area" variance [Fleming v. Choate, 190 N.Y.S. 2d 741 (2d Dept. 1959) ] and as stated earlier is governed by the standard of "practical difficulties". Wacksberger v. Michalis, supra. Additionally, set- back variances need not be submitted to the environmental quality review process. 6 NYCRR 617. 13 (1976) . The location of the structures was determined on the basis of the existing structures, the prior approvals, the least disturbance to the parcel and the best accessibility for service vehicles. These factors which determined the location of the structures create practical difficulties in complying with the code regulations and thus a variance is sought. To locate the structures otherwise would be to disturb the pre-existing parking area and pre-existing approved parking spaces granted to the lot owner by the Planning Board on May 9, 1988. As it stands now the location of the structure has disturbed some of the parking spaces and the applicant has been required to submit a second site plan showing those spaces and their relocation. A copy of the new site plan indicating the relocation of the affected parking spaces was submitted previously to this Board as part of the plan indicating the fall _down radius of the tower. The owner of the .parcel clearly delineated his intention to 9 rent available space at his complex when he previously appeared before both this Board and the Planning Board in order to foster both his own business and those of his tenants. He has subsequently been allowed to amend his special exception in order to proceed with those plans to bring additional businesses and employment to the area. Applicant's use will more than meet the objective of the parcel owner. In addition, it will bring a service to the public at large which applicant supplies in its role as a public utility. Thus, granting of the requested relief insures that the owner will not suffer economic injury by depriving him of the rental income, the health and safety of the adjacent property will not be detrimentally affected and the applicant will be able to meet its mandate to serve the public while engaging in its regulated business. B. Special Exception Applicant asks this Board to consider the request for a Special Exception as alternative relief, as applicant contends such relief is not required. Article XIV, Section 100-141 B(1) allows as a special exception in the L.I. district all those uses permitted for the L. I.O. District pursuant to Article XIII, Section 1000-131 B(1) to (11) . Subsection (4) of that Section permits public utility structures and uses. Such uses are not defined in the code but applicant is. a public utility (see exhibits previously 10 supplied) and as defined earlier ( see page 3) its function is to supply such things as water, electricity or telephone service, etc. to the public. It logically follows therefore, that and structures or use by an established public utility which fosters that function is a public utility structure_ and„a__useas envisioned by the code. Article XXVI, Section 100-260 implicitly states what the case law has determined, which is, that a special exception is a permitted use in a given district, albeit one that requires some additional scrutiny. It is especially significant to note the difference between a special exception and a variance. A special exception is a use expressly permitted by the zoning ordinance while a variance is the authority to use the site in a manner otherwise forbidden, Mobile Oil Corp. v. Oaks, 390 N.Y.S. 2d 276 (4th Dept. 1976) ; Goldstein v. Board of Zoning Appeals, 113 Misc. 2d 756; 449 N.Y.S. 2d 910 (S/Ct. Nassau Co. 1982) . The significance of the difference is the standard to be applied. The court has said it is error for a board of appeals to apply variance standards to a request for a special exception, Rick v. Zoning Board of Appeals, 384 N.Y.S. 2d 862 (2d Dept. 1976) . It is usual for a zoning ordinance to empower a board to issue a special exception after notice, hearing and findings. Such is the case in Southold Town (Section 100-262) . The standards to be met are- set forth in Section 100-263 (Exhibit 4) . 1 In applying those standards, Section 100-264 sets forth the matters to be considered (Exhibit 5) . The Board should note that with regard to the matters to be considered and the relief requested by this application that: 1. the existing character and eventual development of the uses in the district will not be adversely affected and this district is peculiarly suitable to the requested use (100-264A) . 2. the property values will not be affected .and this is an appropriate use for this land (100-264B) . 3 . the location of the structures at the rear of the parcel on a parcel with already existing egress and ingress and which does not require resident personnel will have no effect on vehicular traffic (100-264C) . 4. the use will not increase demand on public or private services or facilities (100-264D) and will not produce gases, odors, smoke or soot (100-264E) and will not cause disturbing emissions of dust, light, vibrations or noise (100-264F) . 5. there are no public' parking or recreational facilities within close proximity to be disturbed (100-264G) and parking is already present at the site and the additional structures do not require on-site personnel (100-264H) . 6. the site already has accessibility for emergency vehicles and the new structures do not create a hazard to life, limb or 12 property (Section 100-264I) . With regard to the fall down radius of the monopole, applicant has submitted sketches of the requested radius of the area involved. Also applicant submits a report by the manufacturer of the monopole that in 20 years of experience they have no knowledge of the failure of such a monopole (Exhibit 6) and copies of the weather data indicating that the wind in this area has not reached a velocity of potential danger to this structure. 7. the plot is sufficient, appropriate and adequate for this use and the new structures will not cause an overcrowding of the land and do not add to the population of the area (no personnel except for maintenance crews) (100-264J & K) . 8. the parcel is not within proximity of a place of public assembly and being in the L.I. district it is suitable for the use requested. See decision of the Board dated July 25, 1991 in a prior similar application bearing application No. 4022-SE (Metro One) (100-264L & M) . 9. the building on the parcel already screens the rear portion from public view and provides a buffer area to adjacent property (100-264N) . The parcel has already made provision for collection and disposal of stormwater run-off, sewage refuse and other liquid, solid and gaseous waste and the new structures will not alter or add to these items (100-264 0) . See previously 13 approved and new site plans. 10. The proposed use will not disturb or disrupt any natural features, the site already having been developed and the function will not produce any emissions which could effect groundwater and surface waters (100-264P) . Conclusion: The set-back variance should be granted together with the Special Exception if the Board finds that the structure does not constitute a telephone exchange. Respectfully submitted ) MARIE ONGIONI l0 � I Attorney for Applicant 218-Front Street P. O. Box 562 Greenport, N. Y. 11944 14 Y .. t .. C 4 . r { I c f4 ,�{ x ,� ' f tir h}i s ) i F,} r , f r i 1 i t I 1 + b Y, ) x 1 ') t {) ) i.i 1 + ! t ; 1 1 1, t t 4 I Y l ! fi 3 )+ t r.i J li n ! ,{ flf i a n .� , 4Y y IJ � 1 r ,..a I S otp: z, 1} a J XI r 1 E vt f 7 ) ti t I , + l d + : t( ai s+ t 1 t '+'. 1 i j %s i}' 1 l } I I ;s 1 rr.: M1f4 N e Ist�@1`..: ` e i l I J y . . v ! : . ' - . `,.. 1 .: . (' +. .,i 7 -. g t'f) 5 { a r :. vN, I r 1.-.A ,r. i, 1 t r. ft .�f }, y4nY sxfi,y 1, rys: f1hrN yFs 1.. f .Ji ` n" r'yi a a.It r + 3 ,�; 1 f ., " f I : . { +471 ) 1. i -li , f tn Y fl y,{r ',, Y ( - r 3y i }, r, - , r tr( �d a °4S✓{ 44 -.y +1 - t Ilr y?{R�4 a�: ' S K t ro y ,W + t V z[iia"(tip i, 1.4 4 I) i ° r - t„ t + MS Y 1 jP fi -i., t x ) �; it 1 i9 dt i f �� 1: f t .1: ' x { 4 ' . A !': .1. ;1 " ' - . .. ,, .. :".. " s .:j��. f f ) ' - i , -. ,, . It, ". r .. .. 4_ s J ! 't . . EXHIBIT 1 , . .< . 1. w ,, .: t [ a OPTION AND LEASE AGREEMENT This Agreement, made this 3 day of "ay-, 1991 , between Arthur V. Junge, having offices at 21855 Country Road, Cutchogue, New York 11935 (hereinafter referred to as Lessor) , and New York SMSA Limited Partnership, a Delaware limited partnership in which New York Cellular Geographic Service Area, Inc. , a subsidiary of NYNEX Mobile Communications Company, is the General Partner, having its principal offices at 2000 Corporate Drive, Orangeburg, New York 10962 (hereinafter referred to as Tenant) . OPTION AGREEMENT WHEREAS Lessor is the owner of certain real property located at 21855 Country Road, Cutchogue, New York; and WHEREAS Tenant desires to obtain an option to lease a portion of said real property for the purpose of constructing, maintaining and operating a mobile communications facility, consisting of a prefabricated equipment building of approximately 312 square feet to be installed by Tenant in the premises and one free-standing, monopole antenna structure approximately 100 feet in height, with a right of way for access thereto, and the installation of wires, cables and neces- sary connections between the equipment building and the monopole, all as substan- tially shown on Exhibits "A" and "B", attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the sum of Five Hundred Dollars ($500.00), hereinafter referred to as the Option Money, paid by Tenant to Lessor upon execution of this Agreement by both parties, Lessor grants to Tenant the option to lease said property, including a right of way for access thereto, seven days a week, twenty-four hours a day, for the installation and maintenance of its a r facility as herein - described, for the term and in accordance with the Lease Agreement and its covenants and conditions set forth therein. This option' may be exercised at any time on or prior to November 15, 1991. The time during which the option may be exercised may be extended by Tenant for six months through May 15, 1992, by Tenant giving Lessor written notice of said extension not later than October 15, 1991 , and the payment by Tenant to Lessor of an additional Five Hundred Dollars ($500.00) Option Money. If during the option period Lessor decides to sell the subject premises or make alterations thereto, Lessor shall immediately notify Tenant in writing so that Tenant may take steps necessary to protect Tenant's interest in the property. Any sale or altera- tion, however, shall be subject and subordinate to the terms of this Agreement. This Agreement may be sold, assigned or transferred at any time without the consent of Lessor to a partnership or corporation having a general partner or a shareholder, respectively, which is a subsidiary or affiliate of NYNEX Mobile Communications Company. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of Lessor, such consent not to be unreasonably withheld or delayed. Should Tenant fail to exercise its option within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, and Lessor shall retain all Option Money, and no additional money shall be payable by either party to the other. Should Tenant exercise its option, no part of any Option Money shall be applied toward the rent. Lessor shall grant Tenant, during the option period, free ingress and egress to the premises to conduct engineering tests and other activities of similar nature as Tenant may deem necessary, at the sole cost of Tenant. Lessor agrees to execute a Memorandum of Agreement, to be prepared by Tenant, if requested by Tenant, which Memorandum of Agreement may be recorded. by -2- ' Tenant at Tenant's expense. This Agreement and the performance hereunder shall be governed, inter- preted, construed and regulated by the laws of the State of New York. If Tenant exercises the option, notice of such exercise shall be given by Tenant to Lessor in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted. On the first day of the month following the giving of such notice, the following Lease Agreement shall become effective. LEASE AGREEMENT This Agreement, made between Arthur V. Junge, having offices at 21855 Country Road, Cutchogue, New York 11935 (hereinafter referred to as Lessor), and New York SMSA Limited Partnership, ' a Delaware limited partnership in which New York Cellular Geographic Service Area, Inc., a subsidiary of NYNEX Mobile Communications Company, is the General Partner, having its principal offices at 2000 Corporate Drive, Orangeburg, New York 10962 (hereinafter referred to as Tenant) . WITNESSETH: 1. Lessor hereby leases to Tenant that certain interior space and a parcel of property located at premises designated 21855 Country Road, Cutchogue, New York, with a right of way for access thereto, seven days a week, twenty-four hours a day, all as substantially shown on Exhibits "A" and "B", attached hereto and made a part hereof. 2. This Lease Agreement . shall be for an initial term of five years, beginning on the first day of the month following Tenant's giving of notice to Lessor of its exercise of the option to lease these premises (hereinafter referred -3- to as the Commencement Date) at an annual rental of Twenty-Four Thousand Dollars ($24,000.00) , to be paid in equal monthly installments of Two Thousand Dollars ($2,000.00) on the first day of the month, in advance, to Lessor or to such other person; firm or place as Lessor may, from time to time, designate in writing at least thirty days in advance of any rental payment date. While Tenant intends. to make each payment due hereunder on or before its due date, in the event Tenant fails to make a payment within ten days after its due date Lessor will give Tenant written notice of such nonpayment and Tenant will immediately make such payment. No action may be maintained by Lessor against Tenant for such nonpayment unless Tenant has failed to make payment within ten days after receipt of such written notice from Lessor. 3. Tenant shall have the option to extend this lease for three addi- tional five year terms by giving the Lessor written notice of its intention to do so at least six months prior to the end of the then current lease term. 4. The annual rental for each year of the first five year extension term shall be Thirty Thousand Dollars ($30,000.00) payable in equal monthly installments of Two Thousand Five Hundred Dollars ($2,500.00) on the first day of each month; the annual rental for each year of the second five year extension term shall be Thirty-Seven Thousand Five Hundred Dollars ($37,500.00) payable in equal monthly installments of Three Thousand One Hundred Twenty-Five Dollars ($3, 125.00) on the first day of each month; and the annual rental for each year of the third five year extension term shall be Forty-Six Thousand Eight Hundred Seventy-Five Dollars ($46,875.00) payable in equal monthly installments of Three Thousand Nine Hundred Six Dollars Twenty-Five Cents ($3,906.25) on the first day of each month. 5. If at the end of the third five year extension term this Lease Agreement has not been terminated by either party by giving 'to the other written notice of an intention to terminate it at least six months prior to the end of -4- such term, this Lease Agreement shall continue. in force upon the same terms and conditions for a further term of one year and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least six months prior to the end of such term. Monthly rental for this period 'shall be equal to the rent paid for the last month of the third five year extension term. 6. Tenant intends to use the premises for the purpose of constructing, maintaining and operating a mobile communications facility and uses incidental _ thereto, consisting of a prefabricated equipment building to be installed by Tenant in Lessor's building, and one free-standing monopole antenna structure approximately 100 feet in height, and all necessary connecting appurtenances, all as aforesaid. A security fence consisting of chain link or comparable construc- tion may be placed on the property if deemed necessary or advisable by Tenant. Tenant may install electrical, air conditioning, sprinkler and other systems and meters as may be necessary to maintain its equipment, and all costs of services for same shall be borne by Tenant. All improvements shall be at Tenant's expense. Tenant will maintain the property in a reasonable condition. 7. Lessor acknowledges that Tenant's ability to use the premises is contingent upon its obtaining, either before or after the Commencement Date of this Lease Agreement, all of the certificates, permits, licenses and other ap- provals that may be required by any federal, state and local authorities. Lessor shall cooperate with Tenant in its efforts to obtain such approvals and shall take no action which would adversely affect the status of the premises with respect to the proposed use thereof by Tenant. In the event that Tenant de- termines, in its sole judgment, that it will be unable to obtain all necessary governmental approvals, or if any of such applications should be rejected or any certificate, permit, license or approval issued to Tenant is subsequently can- -5- celled, expires, lapses or is otherwise withdrawn or terminated by governmental authority so 'that Tenant, in its exercise of reasonable judgment determines that it will be unable to use the premises for its intended purposes,' Tenant shall have the right to terminate this Lease Agreement. Notice of Tenant's exercise of its right to terminate shall be given to I-essor in writing by certified mail, return receipt requested, and shall be effective upon mailing of such notice by Tenant (the Termination Date) . All rentals paid to the Termination. Date shall be re- tained by Lessor, but . all rentals allocable on a pro rata basis to the period subsequent to the Termination Date shall be refunded to Tenant. Upon such - termination this Lease Agreement shall become null and void and the parties shall have no further obligation, including the payment of money, to each other, except for Tenant's obligation pursuant to Paragraph 11 hereof. 8. Tenant shall indemnify and hold Lessor harmless against any claim of liability or loss for personal injury or property damage resulting from or arising out of the use and occupancy of the premises by Tenant, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of Lessor, its employees or agents. 9. Tenant shall provide Lessor with a certificate of insurance issued . by a reputable insurance company licensed to do business .in the State of New York indicating comprehensive general liability insurance in the amount of $1 million for,bodily injury and $1 million for property damage, and in which Lessor is named as an additional insured with respect to the leased premises. Tenant will provide Lessor with a renewal certificate when requested by Lessor. 10. Provided Tenant is not in default hereunder and shall have paid all rents and sums due and payable to Lessor by Tenant, Tenant shall have the right to terminate this Lease Agreement upon the annual anniversary of the Commencement Date of this Lease Agreement, provided that six months prior written notice is -6- given to Lessor. 11. Tenant, upon termination of this Lease Agreement, shall, within a reasonable period, remove its equipment building, personal property, equipment, monopole antenna, security fence (if any) , connections and other fixtures and restore the premises to its original condition, reasonable wear and tear excepted. 12. Should Lessor, at any time during the term of this Lease Agreement, decide to sell the leased premises or make alterations thereto which may adversely affect Tenant's operation of its mobile communications facility, Lessor shall immediately notify Tenant in writing. Any sale or alteration, however, shall be subject and subordinate to the terms of this Lease Agreement and Tenant's rights hereunder, and Lessor shall do nothing which would interfere with the use of the premises by Tenant in connection with its mobile -communications operations. 13. Lessor covenants that Tenant, on paying the rent and performing the covenants, shall peaceably and quietly have, hold and enjoy the leased premises. 14. Lessor warrants and covenants that Lessor is seized of good and sufficient title and interest to the subject premises and has full authority to enter into and execute this Lease Agreement, and that there are. no liens, judg- ments or impediments of title which would adversely affect this Lease Agreement. Any breach of these warranties and covenants which preclude Tenant's use of said premises for its intended purpose shall entitle Tenant to terminate this Lease Agreement and receive back all monies paid hereunder. 15. In the event Tenant fails to comply with any of the provisions of this Lease Agreement or to perform any of its obllgatlons hereunder, including the payment of rent, Lessor shall give Tenant written notice. of such breach or non- payment of rent, and Tenant shall have ten days after receipt of such written notice from Lessor to cure such default. No action may be maintained by Lessor against Tenant for such breach unless Tenant has failed to cure same within ten -7- days after receipt of such written notice. 16. This Lease Agreement contains all the agreements, promises .and understandings between Lessor and Tenant, and no oral agreements, promises or understandings shall be binding upon either Lessor or Tenant in any dispute, controversy or proceeding at law. Any addition, variation or modification of this Lease Agreement shall be void and ineffective unless made in a writing signed by the parties. 17. This Lease Agreement and the performance thereunder shall be governed, interpreted, construed and regulated by the laws of the State of New York. 18. This Lease Agreement may be .sold, assigned or transferred at any time without the consent of Lessor to a partnership or corporation having a general partner or a shareholder, respectively, which is a subsidiary or affiliate of NYNEX Mobile Communications Company. As to other parties, this Lease Agreement may not be sold, assigned or transferred without the written consent of Lessor, such consent not to be unreasonably withheld or delayed. 19. All notices hereunder must be in writing and shall be deemed validly, given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice) : Tenant: New York SMSA Limited Partnership 2000 Corporate Drive Orangeburg, New York 10962 Attn: Manager - Real Estate Copy to: Joseph A. Hallock, Esq. Hallock & Amann 175 Fairfield Avenue, Suite IA West Caldwell, New Jersey 07006 Lessor: Mr. Arthur V. Junge 21855 Country Road Cutchogue, New York 11935 20. This Lease Agreement shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. 21. At Lessor's option, this Lease Agreement shall be subordinated to any future mortgage made by Lessor which from time to time may encumber all or part of Lessor's property of which the leased premises are a part; provided, however, every such mortgage shall recognize the validity of this Lease Agreement in the event of a . foreclosure of Lessor's interest and also Tenant's right to remain in occupancy of and have access to the leased premises as long as Tenant is not in default under this Lease Agreement. Tenant shall execute whatever instru- ments may reasonably be required to evidence this subordination provision. In the event the leased premises are presently encumbered by a mortgage, Lessor will obtain and furnish to Tenant a non-disturbance instrument for each such mortgage in recordable form. 22. Lessor agrees to execute a Memorandum of Agreement to be prepared by Tenant, if requested by Tenant, which Memorandum of Agreement may be recorded by Tenant at Tenant's expense. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. Witness: Lessor: Arthur V. Junge Date: 1991 Witness: Tenant: New York SMSA Limited Partnership By: i Noreen A. Conlon, Vice President New York Cellular Geographic Service Area, Inc. , General Partner Date: I �� 1991 -9- ACKNOWLEDGEMENT STATE OF NEW YORK SS COUNTY OFF/)/c, On the 3/Lrlday, of ���� 1991, before me came Arthur V. Junge, to me known, who being duly sworn did acknowledge that lie is the person named in the within document, and that he executed said document as his voluntary act and deed for the uses set forth therein. SIJSPN J.NAGY Notary Public,Slate of Naw York No.4896735 �J Qualified in Suffolk County Cep' 2,7 C Commission 60(as May 26.1900 �,j STATE OF NEW YORK : SS COUNTY OF ROCKLAND On the � d 3 ay of ► ` 1991 , before me came Noreen A. Conlon, to me known, whom being duly sworn, did acknowledge that she is Vice President of New York Cellular Geographic Service Area, Inc. , General Partner, described in and which executed the foregoing Instrument; that the seal of the corporation is affixed hereto; and that this document was signed and made by the corporation as its voluntary act and deed by virtue of authority from its Board of Directors. KATHERINE ZIMMERMAN • NOTARY PUBLIC,Sbft a1 Nwr Yank f y No.4952725 Qualllbd In Commisslon Esalres -10- "EXHIBIT A" Monopole Fenced Area 12 ' x 26' Prefab Equipment Shelter PARKING AREA JUNGE MECHANICAL CORPORATION t� HEADQUARTERS �0 m D FRONT PARCEL SOUND AVENUE t } t } II � I DTodollojI j OOT I 1� 1� a\-N "a ZIZG d,lv (f1 ,L M.T IM) r , r� / % ! f ? fi ` E EXHIBIT 2 o�oS�F F 0(k�491 n Southold Town Board of Appeals s:Y � MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 1 � I TELEPHONE (516) 765 1809 ACTION OF THE ZONING BOARD OF APPEALS Appl . No. 3705-S.E Application Dated December 16, 1987 TO: Mr. Arthur V. Junge [Appellant(s)] 6880 Nassau Point Road Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on March 3, 1988, f the above appeal was considered, and the action indicated below was taken on your [ J Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VIII , Section 100-80(B) \ [ ] Request for Variance to the Zoning Ordinance Article Section �f [ l Request for Application of ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII ,, Section 100-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, prepared by John A. Grammas '& Assoc. Zone District: C-Light Industrial . Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96 , Block 1 , .Lot 19, containing 45,589± sq. ft. in lot area. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of ARTHUR V. JUNGE under Appl . No. 3705-SE; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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 . The premises in question is a described parcel of land containing a lot area of .975 of an acre, or 45,589 sq. ft. with frontage (lot width) of 168. 17 feet along the north side of C.R. 48, in the Hamlet of Cutchogue, is vacant, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 96, Block 1 , Lot 19. 2. The subject premises is located in the "C" Light Industrial Zoning District as approved by the Town Board at a Regular Meeting held December 15, 1987, and is immediately adjacent to the Southold Town Disposal Site at the north side. The premises immediately adjoining this property along the west side is a parcel of 1 .2± acres improved with a single-family dwelling and along the east side is a vacant parcel of 39,524 sq. ft. , which has also received a change of zone from "A" to "C" (Parcel 1000-96-1-20). (CONTINUED ON PAGE TWO) DATED: March 3, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) • _ x, , '. , , , :, . - ., . , ,,, ,�,,; . t� , ,. 4.. �� , A '. I 3.1 f._. { 1 a li :..t s I �; 2 i .F'. r ` l II :A, Ii 5 i l,fy 1 i 1 y it/t -r ,i , �: 1 4 , II 4 fi !, .. { " } t - ' I !I v3 Inc �, i f e 1 f ..- l 'I t {f ,4, c.. I�a 1" q a r -{ `F i £s I �I. o f % I. > 1 p 1_.'r-�i t cam t ..� '�ii --''"' "" - - �, , t, , " , , , ",-..d 'r ,ivt sIn G T,,hut; fti `�, -11- I �1� -., , . � � w ,. p f f a" -- .. � ,� � ...�,. . ,I :�, , ,� . -,I -1 .1 . . ,:: . , ,.- � , ; � �,,-,"I,�,�,,, ,.,�.",",,%,,"..,, ,�,.,,.I�,, .I -,, - ,'I,-. ,.-,-I . . �. . . , ,, ,,."I. -,".",. ..�, ., 11 � '' ,..�I ,:�, :.,, , . , — - ,.-, -.., I: L: �...�. . .1 � �-1--l . , 4 1 I a r n -d. , ,-,,.�I;I, ,. ��,,�L— ��- ,,--��,,�,��,-.,`�-,";;j:-,.-,4�:,,,,�;.,, �." :1 I'll.I-- I I ,:, { ' r. n,` a h .i` rfi - r , f.. � z t I,I , � f , 1. .`p K.IE _ .. . . - f-. _ .. . I I - ",, , " . - �I � a - s i... f Y . ,. .. I i�' 1.1. - , Y ..• w 41, . -1' , ' t.., r, EXHIBIT 3 . . _ , - ,:.. I. . , ,, . �fi.a-:�,..z �,d>.:.,,•r.a"...,_d�:.:._r�,,,,s.:E:aiS,. _......�a�,i+J,t_,%:': fs"`rkxs.l .fr �a�° ;a�+xk'.:r...ei. _?., .::.d-, .I,'.,.n.,,� .- -x_ . ...Isi-..eax�.raecfsF..>a2n-.:.+iriTet,..s h;a6.?;�..�•,,,,. .4,S-,:a. ,.a�,t-k.in.s..Lcs::a.�:*.+-, ..,_ Southoldn Boardn , � �`r, MAIN ROAD - STATE ROAD 25P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 APPEALS BOARD FAX No. (516) 765-1823 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO, JR. Appl. No. 3835: Matter of the Application of ARTHUR V. JUNGE, INC. - Amendment to Special Exception Granted under Appl, No. 3705 under Article VIII, Section 100-80B of the Regulations for this previousl Prior Zoning Zone District, now re-zoned to Light Industrialc,hArticcleIndustria XIVl Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly side of building (said use to be a District permitted use in this Zone NY; County TaxcMapoDistrOf ictperty: 22355 1000, Section 9 , 48, C1, Lott containing 45,589+- sq, ft. in lot area, 5, Block 1, Lot 19, At a Meeting of the Zoning Board of Appeals held on April 27, 1989, the following action was taken: WHEREAS, a public hearing was held on April 13 , 1989, under File No. 3835, filed March 10, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning .this application; and WHEREAS, the 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. By this application, applicant requests an Amendment to Special Exception Application No. 3705 to include establishment of car repairs with outside storage and future occupancy of vacant building (to be occupied with a use permitted in this Light Industrial Zone District) . + Southold Town Board of Appeals -2- April 27, 1989 S pedal Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) 2• The property in question: (a) contains a total lot area of 45,589 square feet and lot width {frontage) along the north side of County Road 48 of 168. 17 feet, in the Hamlet of Cutchogue; (b) is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, 19; (c) is located in the Light Industrial Zone District, as re-designated. January 10, 1989 under the new Master Plan revisions; (d) is bound on the northerly side by the Southold Town Landfill, on the west. by a single-family dwelling now or formerly of J. Harris Estate, and on the east by vacant land now or formerly of Gray, all of which is also located in the Light Industrial Zone District. 3. For the record, it is also noted that: (a) an Use Variance was denied without prejudice under Appeal No.. 3635 on August 20, 1987, when the premises was zoned "A" Residential and Agricultural; (b) a Change of Zone was granted by the Southold Town Board on December 15., 1987, re-zoning the premises from "A" Residential and Agricultural to "C-Light Industrial"; (c) a Special Exception for the construction and occupancy of a 7,750 sq. ft. .building was granted by the Board Of Appeals on March 3, 1988 under Appl. No. 3705; (d) the January 1, 1989, are cbelieved ototbe forlthedingfollow-on or ng us ng uses: ( 1) contractor's business and shop; wi and shop; (3) storage, (2) vehicle-repair business g , parking and similar uses accessory and incidental to the established principal uses. 4. By this application, the property owner requests approval, as an amendment to the 1988 Special Exception approval: (a) for the establishment of the vehicle repair business and shop occupying approximately one-third of the floor area of the existing building (at the center thereof) and for Southold Town Board of Appeals -3- April 27 , 1989 Special Meeting' (Appl. No. 3835 - ARTHUR V. JUNGE, .INC.' decision, continued: ) approval of 'outside storage of licensed vehicles, parked while under repair, with proper screening. The area of the proposed vehicle parking (vehicles for repairs) is that area directly in the rear yard, behind the building, with fencing and/or other screening around the periphery of the rear yard,. including that area close to the northerly and easterly property lines, and squared off to the northeasterly corner of the rear of the building ( if needed for reference, see subject storage area depicted .in red on Drawing No. P-la dated March 10, 1987, submitted for consideration) ; (b) for occupancy of Bay #3 at the easterly third section of the building for a Special Exception use only as permitted under the Light ,Industrial 'Zone District regulations. It should be noted, however, that the Light Industrial (LI) Zone District provides for certain uses already provided in other zone districts listed on the previous pages of the Zoning Code {such as the "LIO" Light-Industrial Office/Park, Section 100-131B{1-11) , "B" General Business, Section 100-101A{3-5) and B(5,7,10) , which includes warehouses, building material storage and sales, building contractors yards, cold storage plants, etc. ) . 5. Additionally, it is noted that Article XIV, Section 100-141, Subsection B( 1) permits by Special Exception and site plan approval any special exception use set forth in and as regulated by Section 100-131B( 1-11) of the Light Industrial Park/Planned Office Park Zone District. Subsection 100-131B{2) thereof provides by special exception and site plan approval: . . .Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products . from previously prepared materials and. . .Such uses may include industrial operations such 'as electronic, machine parts and small component assembly. . . ." It is the opinion of the Board that based on the precedents concerning permitted light-industrial uses under the previous Zoning code, and the fact that the vehicle repairs will be minor or include installation of (small.) electronic or mechanic parts into the vehicles, that the use is similar to other permitted light industrial uses for the purposes of this Amendment and is of the same or similar nature of a light-industrial use. AV Southold Town Board of Appeals -4- April 27 , 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) 6. In considering this application, the Board also has: (a) considered Section 100-262 (General Standards) and Section 263 (Consideration) of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) .determined the safety, health, welfare, comfort, convenience, and order of' the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use which was permitted by special exception application (with the exception of the formality of requiring a written amendment to the Special Exception in effect at the time of the filing of this application) plan) ; (e) the applicant has had numerous applications before the Boards, and due to the timeliness during the procedures was not able to have the same finalized. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT an Amendment to the Special Exception as requested (under Application No. 3835) .in the Matter of ARTHUR V. JUNGE, INC. , SUBJECT TO THE FOLLOWING CONDITIONS: 1. Vehicles stored outside of the building must be licensed, in taxt, and located only in this screening-in rearyard area; 2. Any extended storage area outside of the building -will require re-application for re-consideration by the Board of Appeals; 3. The types of .screening for the enclosure of the proposed outside vehicle storage area shall be designated at the discretion of the Planning Board under its site-plan regulations. Vote of the Board: Ayes: 'Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Absent, as agreed for this Special Meeting, was: Member Doyen of Fishers Island. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, 11AIRMAN SOUTHOLD TOWN BOARD OF APPEALS f. r I r �r`�r� !1 ��.'ir dui �i � 3Zr 1��' �r'�i � 1 ' p f r � l`} � I I a •r � � a I J : s 7 fl s I� i r f ' ✓a(t ' v 1, ' .. EXHIBIT 4 _. _. .. ..:..:. ,..:.i r•-. .._�....,-v:t::. :...r.':a':.�r.a. a.,.s ...,:w.x,,;c:.....-. � -. � .• ....u....,....+f..-r...ix_„ ... .,�� fxaw.r�r.[J+se t..,..i ak_mlvwAn. se�.Sci N.?• y § 100-263. General standards. No special exception approval shall be granted unless the Board having jurisdiction thereof specifically finds and determines the fallowing: A. That the use will not prevent the orderly and reasonable use or, adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted .or legally established uses in adjacent use district-,. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and it-, location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhmd and of the community in general, particularly with regard to visibility,scale and overall appearance. 10160 2.25 A9 1 d § IW-26.3 7,ONTNi; $ 100-261 F. That all prolx►scd slructnres. 0111il)inc11 and malrrial sh;cll bV readilv accessible for fire and police protection. - :i..0 ( }g7 � r x F x i Y ff , 4� t 4 : d rV Y 1 r , .:y EXHIBIT 5 ,::.:':,�.._.v...�..�,rt4.•.:.,,. .� .,,.i..,_v.�'t�.+.a;i'a,r.sa,.5c.a m�,-, i..,..t;.,:._n-..ai:.'..i .,..:..,. .,we..,.;_..ta�u.:.,.. .:,f,-�::..t s. :;-n.sr..�e'*.4.�• .,..5:.i�,.Ax&. 4.r:•��.. ....{..tc•.,-mac l e.Gn,?; -;rr,C''i�' r. A § 100-264. Matters to be considered. in making such determination, consideration shall also be given, among other things, to: A. The character of the existing and probable dcvelopnrent of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exit:-, may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public. or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be cause(] or created by or a-, a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light. vibration or noise. G. Whether the operation in pursuance of the rise will cause undue interference with the orderly enjoyment.by the public of parking or of recreational facilities. if existing or if proposed by the town or by other competent governmental agencies. H. The necessity for bituminous-surfacer] space for.purpose� of off-street parking of vehicles incidental to the rise and whether such space is reasonably adequate and appropriate and can he furnished by the owner of the plot sought to be riled within or adjacent to the plot wherein the shall be Ineatcd. 1(11(iI :t25 x9 § 100-264 SOUTHOLD CODE § 100-265 I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will he provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. 0. Whether adequate provision can and will be made for the collection and disposal of stermwater runoff, sewage, refuse and other liquid,solid or gaseous waste which the proposed use Will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on art(] off the site. EXHIBIT 6 ENGINEERED ENDEAVORS INCORPORATED October 22 , 1991 Marie Ongioni 2818 Front St. Greenport, NY 11944 Reference: 100 ' Monopole for Cutchogue, NY EEI Job No. CSONY257 Dear Ms. Ongioni: In response to your inquiry regarding the anticipated failure mode of the structure on the above referenced project, I would like to offer the following comments: 1) Failure of a steel monopole structure is defined as being that point at which the induced stresses exceed the yield strength of the material. At this point, deflections will be induced in the structure which will no longer be recoverable once the load has been removed. 2) The induced loads must be sustained for a long enough period in order that the structure has time to respond to the load without its removal. This particular structure would have to exhibit deflections at the top in excess of 5 ' (requiring sustained winds over 110 MPH) . 3) Sustained wind loads of nearly 150 MPH applied over the entire structure would be required to induce structure yielding if the two 8 ' diameter microwave dishes were not installed. 4) The supported antennas are most likely not capable of enduring winds in excess of 120 MPH and when failed will offer a smaller drag area. 5) When yielding does occur, it allows the structure .to continue to deflect under the induced loading with no increase in load being required. 6) As this structure leans over from the induced loads, it presents a markedly reduced exposure area for the development of wind induced forces. This would result in the lowering of the applied forces and, therefore, the ENGINEERED ENDEAVORS, INC. 8500 Station Street * Suite 240 * Mentor, Ohio 44060 Telephone: (216) 974-6060 * Telefax: (216) 974-9238 •_ Q 100' Monopole - Cutchogue, NY EEI Job No. CSONY257 reduction of stresses and a halting of structure movement. 7) In the event of structure failure, the resulting failure mode will be that the structure will lean and, upon the removal of the applied loads, will not return to a vertical position. Wind induced loads could not conceivably bring the structure to the ground. 8) In Power Structures, Inc. 's 20 years of experience in the tapered tubular steel structure business, they have never experienced nor been made aware of any such structure failing under wind induced loadings. 9) The design and loading assumptions which are used for the analysis of these structures is conservative in nature and would, therefore, make any such structure failure highly improbable. I hope that these comments answer any questions which you might have relative to the anticipated performance of this structure type. However, I will be most happy to answer any other specific questions which you may have. Sincerely, A�r� J- Tim6tAhy' J. Goodin , P.E. President TJG/kg cc: Marta Panasiuk, NYNEX Sam Ajaeb, NYNEX 2 1 �.'t'`��5� +.�xt ` t 1+ P •� i I r�J ji f t y ,.?r{rv''• 63 �1- . 3 yU��' d f ♦r,l r-'�Yp _ r b f t r}, J 5. I f-. ,1�yy ¢ r �Y '!�Yi v ✓�.ct,� v 1 r `r ' { t r tr , ' Y 41t I F?Sr' 1 WOW �t+(�S} ��)bF r? ✓ d�d S tr 4� liti 1 �'yly.�.�F211j 1�s yrf a r r }. + 1:+' t ,. k r 4.e t J K 1 i_f y 7'!i3 r<r�°'�•f`S?l ,,� y ' '� I 3i o} �,�y ZX � Jt J ! {• 1 2 }F I t ' � r 'i I i tI;+y} .. �, t s .F�y r., r E T 6 }•{+f, f �d � J" x� ,��?�m �.�1 J71 Asy�,, .fk jj �, eI4 �3A1.,�;�t h 4{ t� ri a i >..F 1, r }tl? frlot �aSi�� , , n..4c ltc Y f } }.-. •, rtrd r ye iF } { r r".,.r r ,�� �� <��r.! t r 3 r hf r fY sr 7/S r at, fir ;�"IT Pay 1 r ,. r 17r 1"l�r �f f '.d ry. ! d Pr 2 i � w r} 3r lTtt(t cc yR'{Yr"t yrS{n ids ♦ 1 �., . i? 10 ., t k t .M tly � Y b � � ^1 +}kl r. Y �' f 4�r�ftdi ky� � � }} r-. i �y.• ., t } i . , r ''.�. tr r>�.l � it ak '• y"dvF�A v ��o'm�fi(rt-t R���t�tjx if�ro Wifl{•j thYr4;�. e.. �3 • l � A 1 V •Y}t Y ? �hrod.lx �"'Y�' dlr fg'^� b�frg � rt{g'"�I}}7 r 1: < I i ����p i fyf tJ r ��{r:,}ix�rj 'fl'b a ik a t',, iti�" a }2 , � I �1. �'• d 6Yyu1'k�k,�$�I�f����Jtifti,l.fr}'kar1���1 Y Iw i MARIE ONGIONI ATTORNEY AT LAW /frig 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516)477-2048 FAX(5161 477-8919 October 24, 1991 Gerard P. Goehringer, Chairperson Zoning Board of Appeals Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Re: NYNEX Mobile Communications Applications Dear Mr. Goehringer: Please refer to previous correspondence with regard to the above matter and in particular to your letter of October 15th and my letters of October 16th and 21st. As you know, on behalf of my client I have submitted a consent to construction of the monopole and adjacent building by the property owner who leased the site to my client (Arthur Junge) . I am attaching hereto a consent by an adjacent property owner, Joseph Schoenstein. You will note that both are consents to construction of the monopole but are not consents to restriction on the use of the land of the respective owners as a result of their consent to construction. With regard to the question of consent I submit the following: The monopole does not require a variance from the height restrictions of the zoning code as it falls within the exceptions mentioned in Section 100-230 of the code. Your Board has in fact not required submission of a request for a variance with regard to the height of the monopole. The monopole itself is a permitted use within the LI district if the Board finds our contention that it is a telephone exchange to be valid. In the alternative, the monopole is a permitted use by special exception as a public utility structure in the LI district. In either case it is a "Permitted" use as that term has been construed by the courts and not a use which requires a variance. The Zoning Board of Appeals of Southold Town is . empowered under Section 100-272 of the code to impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and objectives of the code itself. However, it is our contention that the requirement of consent of 100% of the adjoining property owners to construction of the monopole is not within the power of this Board nor is it, in fact, constitutional in New York. Imposition of unanimous consent requirements under the circumstances involved in this application is unconstitutional. In addition, it is our contention that in asking the adjoining property owners to consent to construction of the monopole the Board cannot additionally require that those property owners consent to a restriction on the use of their property by such consent. The courts have found that conditions must relate reasonably to the proper objectives of zoning. Reed v. Board of Standards & Appeals, 255 N.Y. 126 (1931) . The proper objectives of the zoning code in Southold Town are stated in Section 100-10 of the Code none of which are reasonably related to the requirement of consent and restriction asked by this Board for this application. See also: Pluto' s Retreat, Inc. v. Granito et al, 437 N.Y.S. 2d 437 (2d Dept. 1981) where the court Stated that a Board of Appeals upon issuance of a special use permit may impose any reasonable conditions which are in conformity with the purpose and standards of the ordinance. Unanimous consent by adjacent property owners coupled with restriction on the use of their land are not reasonable conditions. The Board is not authorized to impose conditions unrelated to the purpose of zoning or which are neither expressly or impliedly authorized by the zoning regulations. The use to which applicant seeks to put this portion of the parcel is a permitted use in the- district and the Board has neither express nor implied power to set restrictions' on the permitted use which are unreasonable. In fact, by requiring that the adjacent property owners consent to restriction of the use of their property is to confiscate that property and that is beyond the power of a Zoning Board of Appeals. Rand v. New York, 3 Misc. 2d 769, 155 N.Y.S. 2d 753 (1956) . In addition, applicant has submitted a report by the engineer' s who will construct this monopole that in 20 years of experience they have never known .of a pole to collapse as a result of wind load. That report graphically illustrates the safety level of this structure. The topic of consent of adjacent property owners has been controversial for many years. However, in New York it has been found to be unconstitutional as an impermissible delegation, of zoning power to private landowners. Matter of Concordia Coll . Inst. v. Miller, 301 N.Y. 189 The items to be considered are whether the requirements are in the code (which they are not) , whether the Board can impose unreasonable conditions (unanimous consent coupled with restriction of use are not reasonable) , and finally whether the use requested will constitute a nuisance (a permitted use cannot possibly be a nuisance) . The court in Town of Gardiner v. Stanley Orchards Inc. , 105 Misc. 2d 460, 432 N.Y.S. 2d 335, stated that after extensive research it could not find a New York case which upheld the constitutionality of a unanimous consent requirement. In that case the requirement was in the zoning law itself while here it is being imposed without authority which applicant contends is an ultra vires act by this Board. I respectfully submit this letter for the Boards consideration and urge the Board to withdraw the request for consent of adjoining property owners coupled with a restriction of use to the consenting party. Ver truly yours, MARIE ONGIONI MARIE ONGIONI �-c ATTORNEY AT LAW 218 FRONT STREET. GREENPORT, NEW YORK 11944 (516) 477-2048 FAX(516) 477-8919 October 21, 1991 Re: NYNEX Application To Whom It May Concern: I am the owner of property adjacent to that upon which the applicant, NYNEX Mobile Communications, wishes to build a cellular telephone antenna (a monopole) and a communications building. I have discussed this matter with the attorney for the applicant. I have viewed a sketch of the radius of the fall down area of the monopole prepared by the applicant's engineers together with a report as to its ability to withstand wind load among other things. It is my belief that the monopole does not present a safety hazard. After review of the above, I consent to the construction of the monopole. I do not believe that my ability to utilize my property should be infringed because of the monopole, and, I do not consent to any such restriction on the use of my property by my consent to construction of the monopole. Very truly yours, JOSEPH SCHOENSTEIN . APPEALS BOARD MEMBERS SCOTT L.HARRIS �, OG Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Serge Doyen,Jr. C4 ,:Y,n Town Hall,53095 Main Road f ; %�"` �' P.O.Box 1179 James Dinizio,Jr. P.,�` ?. 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 ACTION OF THE BOARD Appl. No. 4062. NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Request for Special Exception approval under-Article XIV Section 100-141B( 1) for permission to establish public utility use and construct monopole radio tower and accessory_ equipment-storage building. Zone District: Light Industrial (LI) . Location of Property: 21855 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-1-19.1. WHEREAS, after due notice, a public hearing was held on October 24, 1991, and at said.hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony anddocumentation submitted concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the Light Industrial (LI) Zone District in the Hamlet of Cutchogue, Town of Southold, and is more particularly identified as County Tax Map District 1000, Section 96, Block 1, Lot 19:1. 2. The subject parcel contains a total area ,of 1.04 acres (or 45,589 sq. ft. ) with a frontage of 168 feet along the north side of County Route 48 and a lot depth of 252+- feet. This j -parcel is improved with an existing building .and uses which were the subject of a conditional approval by the .Board of Appeals under Appl. No'. 3835 rendered April' 27, 198,9 and Appl. No. 3705 rendered March 3, 988 (Arthur-L. Junge, Inc. ) , as well as site plan approval by the Southold town Planning Board: 3 . By this .application, a Special Exception is requested for " .. .construction of an equipment building and monopole for cellular mobile communications. . . ",, both of which are public Page 2 - November 21, 1991 Matter of NYNEX/ARTHUR. JUNGE, INC. Decision Rendered November 21, 1991 utility structures providing a public telephone communications service. 4. Reference is made to the following documents and site plan information -submitted for the record: (a) Certificate, of Occupancy #Z17295 issued by the Building Inspector on September 13; 1988 has been provided for e the existing electric shop of Arthur V. -Junge- and building. (b) Certificate of Occupancy #Z18981 issued by the Building Inspector on April 23, 1990 has been provided for a wholesale bakery and in the existing light industrial building to Local Talent, Inc. (c) the proposed equipment .storage building and tower' structure will .be unmanned, not requiring active daily parking for on-site personnel or customers related to this use. (d) an existing tree line is shown along or very. near the northerly and southerly lines the property; pine-tree screening shall be along the westerly property line. (e) also proposed a stockade fence along the northerly and easterly sections of the proposed -radio equipment storage building; . (f) . other site plan elements will be provided as may be determined by the Planning Board under its simultaneously . pending site plan application {see PB letter .of 11/7/91) . (g) _ New York SMSA Limited Partnership and NYNEX have furnished information for the record concerning its licensing as a public utility to provide cellular radio transmission serving to its full extent. the. public interest., convenience and necessity as per written .consent and order authorized by the N.Y.S. Public Service Commission, Federal Communications Commission, which includes limitation on the Effective Radiated Power for mobile transmitters up to 7 watts, and output power for mobile transmitters up to 60 watts. It is also not permitted to be assigned or transferred to any person, firm, company, or corporation .without the written consent of the Commission, and it is understood that Iupon any future proposal of this applicant or owner(s) to transfer or assign this authorization, subsequent application to this Board must be filed for consideration. 5. Also noted are the following data: i Page 3 - November 21, 1991 Matter of NYNEX/ARTHUR JUNGE, INC. Decision Rendered November 21, 1991 ;ar cellular communication systems must operate through a network of cell sites, the first for this applicant in the Town of Southold at the subject premises in Cutchogue. (b) this cell site has two principal components, a 12' by 26' ft. structure for computer equipment storage, and transmitting/receiving antenna-tower structure, both of which are incidental and necessary to operate a wire line telephone communications use. The top of the tower is. 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the top. There would be two whip antennas that. are' 10 ft. above that, and one below. (c) the tower and building are monitored seven days a week, 24 hours per day per FCC mandates, although it is unmanned physically at the site. (d) the tower and antenna are solely for use by this applicant/public utility and will not be rented or leased to any other corporation, person, . firm or company. Also, it is . expressly understood that no new cell, or expansion will be established, unless further application and approvals by this board and the regulating commissions, on this site in order that appropriate criteria may be evaluated, including engineering data relative to wind pressures, wind loads and other safety considerations for such future utility expansion. (e) the tower and antenna shall not be constructed of steel lattice design, but shall be a monopole structure designed to withstand continuous wind loads in excess of 150 mph and wind peaks of 190 mph or more (sufficiently mounted with wires and brackets capable to support these pressures) : 6. Article XIII, Section 1.00-130 of the Light Industrial (LI) and Light Industrial-Office (LIO) Zoning Provisions authorize this type of telecommunications use by Special Exception. The use of this proposed monopole tower and accessory equipment storage building would include, to some extent, telephone exchanges. Although a telephone exchange is listed as a permitted use in the Light Industrial (LI) Zone District, this application for public utility structures and uses does require . a special exception as provided by Article XIV, Section 100-141B( 1) and Article XIII, Section -100-131B( 4) for " . . . Public Utility Structures and uses. . . ." The Special Exception provision is applicable to this proposed project, and has been filed and considered under this provision. 7 . In passing 'upon this application, the Board Members have also considered Sections 100-264, subsections A through .P, and have found and determined the following: t: Page 4 - Appl. No. 4062 Matter. of NYNEX Mobile Communications/lunge Decision Rendered November 21, 1991 (a) That the proposed use .will not prevent the orderly and reasonable use of adjacent properties or of properties in . adjacent use districts; (b) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to. be located or. of permitted or legally established uses in adjacent use districts'; (c) That the safety, health, welfare, comfort, convenience; or order of the town will not be adversely affected by the proposed use and its location; (d) That the use will be in harmony with' and will, promote the general purposes and intent of this chapter; (e) That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to ! visibility, scale and overall appearance. NOW, THEREFORE, on motion by Mr. Goehringer, .seconded by Mr. Grigonis, . it was RESOLVED, that the application for a Special Exception for the establishment of a public utility for the construction of a cellular telephone communications tower and accessory - equipment-storage building as applied under Appl. No. 4062 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve .the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and ,other safety considerations for such expansion; 3 . No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this Page 5 - Appl. No. 4062 Matter of NYNEX Mobile Communications/lunge Decision Rendered 'November 21, 1991 application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels. of radiation, as agreed. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA.. .(MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) .. This resolution was duly adopted. lk GERARD P. GOEHRIN,GER, CHAIRMAN 1 MARIE ONG-IONI "� ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516)477.2048 FAX(516)477-8919 October 21, 1991 Re: NYNEX Application To Whom It May Concern: I am the owner of property adjacent to that upon which the applicant, NYNEX Mobile Communications, wishes to build a cellular telephone antenna (a monopole) and a communications building. I have discussed this matter with the attorney for the applicant. I have viewed a sketch of the radius of the fall down area of the monopole prepared by the applicant's engineers together with a report as to its ability to withstand wind load among other things. It is my belief that the monopole does not present a safety hazard. After review of the above, I consent to the construction of the monopole. I do not believe that my ability to utilize my property should be infringed because of the monopole, and, I do not consent to any such restriction on the use of my property by my consent to construction of the monopole. Very truly yours, JOSEPH SCHOENSTEIN MARIE ONGIONI ATTORNEY AT LAW •� 5 218 FRONT STREET, GREENPORT NEW YORK 11944 (516)477-2048 / FAX(5161 477-891 9 October 30, 1991 Zoning Board of Appeals Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Ms. Linda Kowalski Re: NYNEX Mobile Communications Applications Dear Linda, In accordance with your request enclosed herewith please find copies of the cases cited by this office in the brief submitted in support of the NYNEX applications and in the letter to the Board .regarding the consent requirements dated October 24, 1991. Please excuse the poor quality of some of the copies. They were made at the Supreme Court library in Riverhead where those case books were located and, unfortunately, the available copying machine leaves a lot to be desired in terms of a quality product. If you need any further material, please do not hesitate to call. Very truly yours, - MARIE ONGIONI By:_ �. Carmela L. 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O o�O GZ� PLANNING BOARD MEMBERS c SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Oy Supervisor George Ritchie Latham, Jr. �01 �a0 Richard G. Ward 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 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals ff FROM: Bennett Orlowski, Jr. , Chairman RE: Appeals Nos. 4058 and 4062 by NYNEX Mobile Communications/Arthur V. Junge, Inc. Proposed Amendment to Approved Site Plan for Arthur V. Junge Industrial Building N/s County Road 28, Cutchogue, New York SCTM # 1000-96-1-19.1 DATE: November 7, 1991 The attached letter regarding the proposed addition of a Mobile Communications Station at the Arthur Junge Industrial Building incorporates the Planning Board' s comments on the revised site plan. Our site inspection revealed that the site presently does not conform to a condition of your Board' s Special Exception (Appeal No. 3835, Decision of April 27, 1989 . ) which was that the vehicles stored outside must be placed behind a screened portion of the rear yard. The trees and other vegetation that had provided natural screening in the rear yard have since been removed. Accordingly, the Planning Board has asked that the revised site plan show a landscape plan for replacement of the screening. If you have any questions, please feel free to contact me. cc: Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney f` • 1 1T ® Oil Si PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ® Supervisor 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 T81ephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 7. 1991 Marie Ongioni, Esq. 218 Front Street Greenport, New York 11944 Re: Proposed Amendment to Site Plan for Arthur V. Junge Industrial Building N/s County Road 48, Cutchogue, New York SCTM # 1000-96-1-19.1 Dear Ms. Ongioni: The revised site plans and your cover letter dated October 21, 1991 were reviewed by the Planning Board. Although the plan generally meets with the requirements of the Site Plan ordinance, please made the following changes to the site plan so that we can proceed with your application: 1. The four parking spaces in front of the entrance to the Radio Equipment building should be relocated so that the service or maintenance vehicle has direct access from the driveway. We suggest placing the four spaces on the southwesterly or opposite side of the parking lot. 2. The site plan should show only one site layout; the existing construction with the proposed building superimposed. The proposed expansion of the existing building that was shown on the approved site plan should not be shown on this revision. 3 . The parking calculations should reflect the parking spaces per square feet of existing floor area per use. 4. A landscaping plan for the rear yard. The landscaping should be sufficient to block the view to and from the landfill operation. The placement of evergreen species of shrubs and trees along the rear fence is recommended. 5. Light plan, including location and type of fixtures, and wattage. Lighting should be shielded so that it remains with the property boundaries. 6. The seal and signature of an engineer or architect registered within the State of New York must be placed on the site plan. Enclosed you will find a listing of all the information that must be placed on the site plan. Please include a copy of the elevation drawings for . all four sides when you submit eight copies of the revised drawings to this office. If the NYNEX company has any questions about how to show these revisions on the site plan, I recommend that the project engineer speak with Valerie Scopaz, Town Planner. Sincerely, Bennett Orlowski, Jr. Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals .P' N /�MARIE ONGIONI ATTORNEY AT LAW /,ate 218 FRONT STREET, GREENPORT, NEW YORK 11944 1516)477-2048 FAX(516) 477-8919 October 29, 1991 Southold Town Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Application Pending Before Zoning Board of Appeals _ NYNEX Cellular Phone Site Dear Sir/Madam: - As you know I am the attorney for NYNEX Mobile Communications with regard to two applications pending before the Zoning Board of Appeals for the const.riiction of a building and monopole for cellular- telephone communi.caticitls. The ZB�h has requested that the applicant obtain the consent of property owners within the "fall down" radius of the monopole as indicated on a revised site plan which the Board requested. I have submitted to i-he ZBA.. the written consent of the ow tier of the property on which the monopole will be located, Arthur Junge, and the owner of the adjacent property on the east side of the Junge property, Joseph Schoenstein. Both have consented to the construction of the monopole but have not consented to a restriction of the use of their property because of, the c onstr z?c:'i on `f the mono No_ In addition to the above, I have submitted to the ZBA the report of- the manufacturer of the monopole. which clearly indicates that the potential of this pole falling is minimal since it can withstand winds that have not been encountered on the East End even during our two most recent hurricanes. I have also submitted to the ZBA my client's objection to the Imposition - of a consent requirement and our contention that such a requirem,:-nit is both ultra vires for the ZBA and an unconstitutional del.egati.on of power to private property owners. However, notwithstanding these issues, the Town of Southold is an adjacent property opener to the Junge site as the Town landfill operation abuts Mr. Junge' s property at the north side of the site. Therefore, the ZBA has requested that the Town consent to the construction of the monopole which request I made to this Board, through the Town Attorney, last week. It is my understanding that the question will be voted upon at, the next meeting on November 5, 1991. On behalf of my client, I ask that the Board vote affirmatively on this request. As you undoubtedly know, cellular communications are becoming more popular with the busy businessperson. NYNEX is a public utility that has received FCC approval to supply service in the NY metropolitan and surrounding areas. As a public utility, NYNEX is committed to serving the public's telephone needs and in fact is required to supply such service. In NYNEX's behalf, I am engaged in negotiations with both the Village of Greenport and Shelter Island Town for construction of two towers in addition to the one proposed in Cutchogue. It is expected that with these three towers NYNEX will be able to better serve its customers and at the same time fulfill its mandate of public service. If there is any information which you require prior to the vote, please do not hesitate to contact this office. For your information, the documents mentioned in this letter are part of the ZBA file together with an extensive memorandum in support of our application all of which are available for your review at Town Hall. Thank you for your consideration of this matter. Very truly yours, m RIE ONGIONI i cc: Zoning Board of Appeals MARIE ONGIONI ATTORNEY AT LAW 218 FRONT-STREET, GREENPORT, NEW YORK 11944 (516)477-2048 FAX(516)477-8919 October 21, 1991 Gerard P. Goehringer, Chairperson Zoning Board of Appeals Town Hall 53095 Main Road P. 0. Box 1179. Southold, New York 11971 Re: NYNEX Mobile Communications Applications Dear Mr. Goehringer: Please refer to your letter of October 15th and my initial response of October 17th. Pursuant to your request, enclosed herewith please find two copies of a revised site plan showing the projected fall-down area of the monopole. Also enclosed herewith is a letter from the property owner, Arthur V. Junge which consents to the processing of this application by NYNEX and also consents to the construction of the monopole. Please note that the indicated fall-down area does not affect the property to the west of the Junge site (Harris property) . I will be meeting the property owner to the east within the week and will be contacting the Town Attorney during this same time frame. I will, of course, keep you advised of the results of those discussions. Thank you for your continued cooperation in this application. Very truly yours, /MARIE ONGIONI encs. / � I F OGT 2 4 1991 cz PLANNING BOARD MEMBERS C.0 C '. HARRIS a L1 Bennett Orlowski, Jr., Chairman Supervisor 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 I.1971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman .50(14� RE: Appeals Nos.. 4058 and 4062 by NYNEX MObile Communications/Arthur V. Junge, Inc. Proposed Amendment to Approved Site Plan for . Arthur V. Junge Industrial Building Nls County Road 28.' Cutchogue, New York SCTM # 1000-96-1-19.1 The Planning Board received a revised set of amended site plans for the above-referenced site on October 22nd. The Board has not had the opportunity to review these revised plans in a work session. The plans will be reviewed at our next work session, within a few days. The results of our review will be submitted to your office promptly. It would be appreciated ifthe, Zoning Board would keep the hearing open so that our review and comments can be made part of your record of the hearing. cc: Victor Lessard, Principal Building Inspector Harvey Arnoff, Town Attorney APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman tF Charles Grigonis,Jr. s t ' Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. �Y ;'° 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 October 15, 1991 Marie D. Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Re: Applications for Special Exception and Setback Variance NYNEX Mobile Communications Dear Mrs. Ongioni: This letter will acknowledge receipt by our office of the above applications requesting: W a determination as to whether or not the structures and their use as proposed meet the requirements for a Special Exception in this Light Industrial (LI) •Zone District, and a determination requesting approval thereof; (2) an Appeal for insufficient setbacks regarding both the proposed monopole tower and equipment storage building. With reference to the appeal for relief on the setback requirements, it is: (1) requested that the exact setbacks of both structures be given to the property lines, as well as a radius area of the fall-down area; (2) suggested that you contact those property owners of lands within the 'radius of the fall-down area of the proposed tower which extends over onto their lands, and whether or not they would be willing to allow their land to be restricted. It is our understanding that you will be submitting appropriate documents concerning licensing and operation of the applicant as a public. utility. As you may know, the Board Members will determine whether or not this use is authorized at , such time as the hearing has been held, the requested documentation received and reviewed, and the record completed. Marie Ongioni, Esq,,r -2- Octo 15, 1991 The public hearing on this matter is expected to be held on Thursday, October 24, 1991 at approximately 7: 35 p.m. In the interim, please file the above information within the next couple of days for distribution to the Board Members and the file record. Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure APPEALS BOARD MEMBERS F&` SCOTT L.HARRIS IN Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. ' Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio Jr. x Robert A.Villa " Southold,New York 11971 9y. ' Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1991 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Re: Applications for Special Exception and Setback Variance NYNEX Mobile Communications Dear Mrs. Ongioni: This letter will acknowledge receipt by our office of the above applications requesting: ( 1) a determination as to whether or not the structures and their use as proposed meet the requirements for a Special Exception in this Light Industrial (LI) Zone District, and a determination requesting approval thereof; ( 2) an Appeal for insufficient setbacks regarding both the proposed monopole tower and equipment storage building. With reference to the appeal for relief on the setback requirements, it is: ( 1) requested that the exact setbacks of both structures be given to the property lines, as well as a radius area of the fall-down area; (2) suggested that you contact those property owners of lands within the radius of the fall-down area of the proposed tower which extends over onto their lands, and whether or not they would be willing to allow their land to be restricted. It is our understanding .that you will be submitting appropriate documents concerning licensing and operation of the applicant as a public utility. As you may know, the Board Members will determine whether or not this use is authorized at such time as the hearing has been held, the requested documentation received and reviewed, and the record completed. Marie Ongioni, Esq. -2- October 15, 1991 The public hearing on this matter is expected to be held on Thursday, October 24, 1991 at approximately 7: 35 p.m. In the interim, please file the above information within the next couple of days for distribution to the Board Members and the file record. Thank you. Yours very truly, GERARD P. GOEHRINCER CHAIRMAN lk Enclosure r" APPEALS BOARD MEMBERS I- SCOTT L.HARRIS j °`° , Supervisor Gerard P.Goehringer,Chairman �° t. P Charles Grigonis,Jr. w - j Town Hall'53095 Main Road Serge Doyen,Jr. { James Dinizio Jr. P.O.Box 1179 Robert A.Villa ,y�, 4�' Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 a Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1991 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Re: Applications for Special Exception and Setback Variance NYNEX Mobile Communications Dear Mrs. Ongioni: This letter will acknowledge receipt by our office of the above applications requesting: ( 1) a determination as to whether or not the structures and their use as proposed meet the requirements for a Special Exception in this Light Industrial (LI) Zone District, and a determination requesting approval thereof; ( 2) an Appeal for insufficient setbacks regarding both the proposed monopole tower and equipment storage building. With reference to the appeal for relief on the setback requirements, it is: (1) requested that the exact setbacks of both structures be given to the property lines, as well as a radius area of the fall-down area; (2) suggested that you contact those property owners of lands within the radius of the fall-down area of the proposed tower which extends over onto their lands, and whether or not they would be willing to allow their land to be restricted. It is our understanding that you will be submitting appropriate documents concerning licensing and operation of the applicant as a public utility. As you may know, the Board ' Members will determine whether or not this use is authorized at such time as the hearing has been held, the requested documentation received and reviewed, and the record completed. Marie Ongioni, Esq. -2- October 15, 1991 The public hearing on this matter is expected to be held on Thursday, October, 24, 1991 at approximately 7: 35 p.m. In the interim, please file the above information within the next couple of days for distribution to the Board Members and the file record. Thank you. Yours very truly, GERARD P. GOEHRINGER ,- CHAIRMAN lk Enclosure APPEALS BOARD MEMBERS .,. r, (,- SCOTT L.HARRIS �%' Supervisor Gerard P.Goehringer,Chairman, c , 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 ' . ` Fax 516 765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1991 Marie D. Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Re: Applications for Special Exception and Setback Variance NYNEX Mobile Communications Dear Mrs. Ongioni: This letter will acknowledge receipt by our office of the above applications requesting: ( 1) a determination as to whether or not the structures and their use as proposed meet the requirements for a Special Exception in this Light Industrial (LI) Zone District, and a determination requesting approval thereof; (2) an Appeal for insufficient setbacks regarding both the proposed monopole tower and equipment storage building. With reference to the appeal for relief on the setback requirements, it is: (1) requested that the exact setbacks of both structures be given to the property lines, as well as a radius area of the fall-down area; (2) suggested that you contact those property owners of lands within the radius of the fall-down area of the proposed tower which extends over onto their lands, and whether or not they would be willing to allow their land to be restricted. It is our understanding _that you will be submitting appropriate documents concerning licensing and operation of the applicant as a public utility. As you may know, the Board Members will determine whether or not this use is authorized at such time as the hearing has been held, .the requested documentation received and reviewed, and the record completed. Marie Ongioni, Esq -2- Octc r 15, 1991 The public hearing on this matter is expected to be held on Thursday, October 24, 1991 at approximately 7: 35 p.m. In the interim, please file the above information within the next couple of days for distribution to the Board Members and the file record. Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure 1. I PROJECT I D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS Ai State Enelronmentell Quality Rravlsw SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Proloet Information (To be completed by Applicant.or Project sponsor) 1 APPhcanVsponsor 2. Project Name NYNEX Mobile '.Communications Mobile Communications J Project location: Municipality Cutchogue-21855 Cty . Rd. 4:,8 county Suffolk 4 Is proposed action: WNew ❑ Expansion ❑ Modification/alteration 5 Describe project briefly: Construct building foundation for .;,pre-fabricated building to house communications equipment . 6 Precise location(road intersections• prominent landmarks• etc. or provide map) '�— See Suffolk County Tax Map photost:,at attached . 7�Amount of land affected: ' The total area o parceI-3s Initially 0 3 acres Ultimately . 03 a dr e S acres 1 . 0 4 acres ft Will proposed action comply with existing toning or other existing land use,restrictions? ❑ Yes LP No 11 No. describe briefly Set back requirements require a variance 9 Whet is present land use in vicinity of project? ❑ Residential Industrial ® Commercial ® Agriculture ❑ Parkland,open space ❑ Other fTescribe 10 Does faction involve a permit/approval, or funding, now or ultimately from any other governmental agency(Federal, state or local)? 4—� Yes No If yes, list agencv(s)and permit/approval"!. u 11 Does any aspect of the action have a currently valid permit or approval? ❑ Yes No If yes, list agency name and pennitlapproval type • �f 12 As result of proposed action will existing permitlapproval require modification? El "r ❑ Yes No I CERTIFY THAT THE INFORMATION PROVIDED;ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor na NYNEX Mo e Communications Date: Signature: If the action Is in the Coastal Area, and you are a state agency, complete this Coastal Assessment Form before proceeding with this assessment 0VER PART II Environmental Assessmi nt (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR. Part 61712f If Yes, coordinate the review process and use the FULLLONG FORM EAF ❑ Yes RN B. will action receive coordinated review as provided for Unlisted Actions m 6 NYCRR, Part 617.7? If No, a negative declaration may be superceded by another involved action. ❑ Yes 9No C. Could action result in ANY agverse effects on, to,or arising from the follo+ring:(Answers may be handwritten, if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosion, drainage or flooding problems? Explain briefly: C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts:or community or neighborhood characterl Explain briefly C7. Vegetation or fauna, movement of fish or wildlife species, significant habitats,or threatened or endangered species? Explain briefly: /O ,k CA. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. Cs. Growth, subsequent development, or related activities likely to be,induced by the proposed action? Explain briefly. rl D C6. Secondary, cumulative, or other effects not identified in C1-C61 Explain briefly. 1►►o '4v CT A change in use of either quantity or type of energy? Explain briefly. r�6 PART III DeterminNlon of Significance (To be completed by Agency) INSTRUCTIONS,-. For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its(a) setting(i.e. urban or rural); (b) probability of occurring; (c)duration;(d)irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULULONG FORM EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: ,l Agency Name Agency Preparees Name , Provarer's 5ienaturr/TitIe ._....___.._�... _ ___ _ D•rte ....._� PLANNING BOARD MEMBERS "a tr {{ � .;;x': �=" x SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman , ® .b !i4 Supervisor George Ritchie Latham, Jr. Richard G. Ward ' r/� 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 September 25, 199 Marie Ongioni, .Attorney At Law , 218 Front Street ,5 Greenport, New York 11944 <�y„Ic I� Re: Proposed Amehdmz Approved Site Plan for Arthur V. Junge Industrial Building N/s County Road 28, Cutchogue, New York SCTM * 1000-96-1-19. 1 Dear Ms. Ongioni: The Planning Board has reviewed the proposed amendment to the approved site plan for Arthur Junge' s industrial building. The amendment involves adding a monopole antenna and radio building for mobile telephone communications. In reviewing the application, we find that some additional information is needed before the Planning Board can proceed with the application. The following list is intended to help you provide the needed information. 1. The application fee did not include $41. 55 to cover the radio building and surrounding pad. 2. The site plan that was submitted does not show the changes that will have to be made to the approved site plan for the remainder of the site. A copy of the approved site plan can be reviewed in the Planning Board office. You should be able to obtain a copy from the engineering firm that prepared the plan, John A. Grammas & Associates. 3 . The proposed amendment must address one condition that was placed on the original site by the Planning Board in 1988. Specifically, the Planning Board waived the installation of ten of the twenty-six parking spaces that were required to be shown. Since the location of some of the .waived and the existing parking spaces will be affected by the proposed antenna, pad and radio building, alternative locations for these spaces must be shown on the plan. 4 . The site plan should also include landscaping and lighting plans. Please indicate anticipated parking needs for the communications center; e.g. size and number of service vehicles. 5. It appears that the application to the Zoning Board of Appeals may have to address other issues besides variances from the required rear and side yard setbacks. The issues of concern to the Planning Board are: the height of the accessory structure (the antenna) exceeds eighteen feet; whether a Special Exception for a public utility is needed; and whether the proposed use is a principal or an accessory use, given the fact that the site is occupied by an industrial building. It is strongly suggested that you arrange a joint meeting to discuss this aspect of your application with Harvey Arnoff, the Town Attorney; .Victor Lessard of the Building. Department; and Linda Kowalski of the Zoning Board of Appeals. If this office can be of assistance in coordinating the review of your application or in answering any questions, please do not hesitate to contact Valerie Scopaz. Sincerely, Bennett Orlowski, Jr. Chairman VS:vs cc: Victor Lessard, Principal Building Inspector / Gerard P. . Goehringer, Chairman, Zoning Board of Appeals ✓ Harvey Arnoff, Town Attorney APPEALS BOARD MEMBERS ����� SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. ' tV7 P.O.Box 1179 James Dinizio,Jr. Southold'New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 "`� Telephone(516)765-1800 BOARD OF APPEALS TOWN dF SOUTHOLD September 17, 1991 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 .Greenport, NY 11944 Re: Appl. No. 4058 - Variance for NYNEX as Lessee (A. Junge) Dear Mrs. Ongioni:. This letter will acknowledge receipt by our office of the above application appealing the building inspector' s Notice of Disapproval concerning insufficient setbacks for the proposed telecommunications/equipment building and separate monopole. Also required for this project is a Special Exception for this project. It - is our understanding that NYNEX is making this application to locate and utilize this proposed building and monopole for public utility .telecommunications as well as a telephone exchange business use. As confirmed with Carmella, the Board of Appeals has rendered a determination as early as July 25th of this year confirming that public utility uses and structures for telecommunications may be authorized by Special Exception in the LI or LIO Zone Districts (exclusively) . Enclosed is a blank Special Exception application with instructions for your use. An additional filing fee of $200.00 will be required when this application is made, for a $500.00 total. The area variance application will be calendared simultaneously with the special exception application (when received) . Very truly- yours, GERARD P.- GOEHRINGER CHAIRMAN lk �`AARIE17 ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 l ^(�V' (rle� � � [�� (516) 477-2048 �J ^ { FAX(516) 477-8919 L-7 October 21, 1991 Re: NYNEX Application To Whom It May Concern: I am the owner of property adjacent to that upon which the applicant, NYNEX Mobile Communications, wishes to build a cellular telephone antenna (a monopole) and a communications building. I have discussed this matter with the attorney for the applicant. I have viewed a sketch of the radius of the fall down area of the monopole prepared by the applicant' s engineers together with a report as to its ability to withstand wind load among other things. It is my belief that the monopole does not present a safety hazard. After review of the above, I consent to the construction of the monopole. I do not believe that my ability to utilize my property should be infringed because of the monopole, and, I do not consent to any such restriction on the use of my property by my consent to construction of the monopole. Very truly yours, "JOSEPH SCHOENSTEIN v LAP i sles-�id1 /�-IL�i [ G• .r diL�E °4 G, �,,a dam'�e�-E ICE(„ , -�- �•~''L. '%�tle,J eo.p�� ✓�"-'"L-�.c�.L,.,Z n` �:r,�-G.l�`'..�1,t^,..,.� T``{' �n..�_(� 1�.��-tl"^t, �isi�t_� � /e-�-'.. /o� � 1/ ,;,#'I �� �'`� =�� �� . , '��� t.'Oto' MARIE .ONGIONI e /G 9L Y ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516)477-2048 FAX(516) 477-891 9 October 24 , 1991 Gerard P. Goehringer, Chairperson Zoning Board of Appeals Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Re: NYNEX Mobile Communications Applications Dear Mr. Goehringer: Please refer to previous correspondence with regard to the above matter and in particular to your letter of October 15th and my letters of October 16th and 21st. As you know,:-on behalf of my client I have submitted a consent to construction of the monopole and adjacent building by the property owner who leased the site to my client (Arthur Junge) . I am attaching hereto a consent by an adjacent property owner, Joseph Schoenstein. You will note that both are consents to construction of the.. monopole but are not consents to restriction on- the use ofIthe land of the respective owners as a result of their consent to construction. With regard to the question of consent I submit the following: The monopole does not require a variance from the height restrictions of the zoning code as it falls within the exceptions mentioned in Section 100-230 of the code. Your Board has in fact not required submission of a request for a variance with regard to the height'of the monopole. The monopole itself is a permitted use within the LI district if the Board finds our contention that it is a telephone exchange to be valid. In the alternative, the monopole is a permitted use by special exception as a public utility structure in the LI district. In either case it is a "permitted11 .use as that term, has been construed by the courts and not a use which requires a variance. The Zoning Board of Appeals of Southold Town is empowered under Section 100-272 of the code to impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and objectives of the code itself. However, it is our contention that the requirement of consent of 100% of the adjoining property owners to construction of the monopole is not within the power of this Board nor is it, in fact, constitutional in New York. Imposition of unanimous consent requirements under the circumstances involved in this application is unconstitutional. In addition, it is our contention that in asking the adjoining property owners to consent to construction of the monopole the Board cannot additionally require that those property owners consent to a restriction on the use of their property by such consent. The courts have found that conditions must relate reasonably to the proper objectives of zoning. Reed v... Board of Standards & Appeals, 255 N.Y. 126 (1931) . The proper objectives-of the zoning code in Southold Town are stated in Section 100-10 of -the Code none of which are reasonably related to the requirement of consent and restriction asked by this Board for this application. See also: Pluto's' Retreat, Inc'. v Granito et al, 437 N.Y.S-. 2d 437 (2d Dept. 1981) where the court stated that a Board of Appeals upon issuance of a special use permit may impose any reasonable conditions which are in conformity with the purpose and standards of the ordinance. Unanimous consent by adjacent property owners coupled with restriction on the use of their land are not reasonable conditions. The Board is not authorized to impose conditions unrelated to the purpose of zoning or which are neither expressly or impliedly authorized by the zoning regulations. The use to which applicant -seeks to put this portion of the parcel is a permitted use in the district and the Board has neither express nor implied power to set restrictions on the permitted use which are unreasonable. In fact, by requiring that the adjacent property owners consent to restriction of the use of their property is to confiscate that property and that is beyond the power of a Zoning Board of Appeals. Rand v. New York, 3 Misc. 2d 769, .155. N.Y.S. 2d 753 (1956) . In addition, applicant has submitted a report by the engineer!-s who will construct this monopole that in 20 years of experience they have never known of a pole to collapse as a result of wind load. That report graphically illustrates the safety level of this structure. The topic of consent of adjacent property owners has been controversial for many years. However, in New York it has been found to be unconstitutional as an impermissible delegation of zoning power to private landowners. Matter of Concordia Coll . Inst. v. Miller, 301 N.Y. 189 The items to be considered are whether the requirements are in the code (which they are not) , whether the Board can impose unreasonable conditions (unanimous consent coupled with restriction of use are not reasonable) , and finally whether the use .requested will constitute a nuisance (a permitted use cannot possibly be a 'nuisance) . The court in Town of Gardiner v. Stanley Orchards, Inc. , 105 Misc. 2d 460, 432 N.Y.S. 2d 335, stated that after extensive research it could not find a New York case which upheld the constitutionality of a unanimous consent requirement. In that case the requirement was in the zoning law itself while here it is being imposed without authority which applicant contends is an ultra vires act by this Board. I respectfully submit this letter for the Boards consideration and urge the Board to withdraw the request for consent of adjoining property owners coupled with a restriction of use to the consenting party. ,:Vertruly yours, ONGIONI FCC Form 401 Exhibit No. 2 Page 1 of 1 Rgsconse to hem 13 New York SMSA Limited Partnership is a limited partnership formed under the New York State Partnership Act in which New York Cellular Geographic Service Area, Inc. ("NYCGSA") is both a general (40%) and a limited (14%) partner. Bell Atlantic Mobile Systems. Inc. is a 36% limited partner. Empire Cellular is a 107. limited partner. NYCGSA is a wholly-owned subsidiary of NYNEX Mobile Communications Company ("NMCC") . NYCGSA' s principal place of business is 2000 Corporate Drive, Orangeburg, New York 10962. NMCC is a wholly--owned subsidiary of NYNEX Corporation, 1111-1113 Westchester Avenue, White Plains , New York 10604. NMCC' s principal place of business is 2000 Corporate Drive, Orangeburg, New York 10962. A schematic diagram of. the corporate structure is included as Attachment 1 to this Exhibit. 1yF1.1 FFC1"I NYNEX MCC-'a140 P, N EX SiLQOMWN ANTIONSWMEANY p LES SIF-PARIM011 F.r+Wtt a '(H Number of Pages Date r' j L Including this Page C� TO: Name Telephone Number Location EquipmentTelephone Number p FROM: Name Telephone NumberaLL Location c Special Instructions 3G Post-It"'brand fax transmittal memo 7671 #of pages ► To From • Co. Co. � Dept. Phone# q Town Hall, 53095 Main Road P.O. Box 1179 Fax# � _ / Fax# '' -`+ ZZ ,T Southold, New York 11971 BOARD OF APPEALS : Gerard P. Goehringer, Ch. OFFICE OF THE BOARD OE APPEALS Charles Gri goni s, Jr. TOWN OF SOUTHOLD Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa TO: Planning Board December 5, 1991 The following is certified to be a Resolution of the Board of Appeals duly adopted at its November 21, 1991 Meeting: BE IT RESOLVED, that the application for variances concerning the northerly rear yard setback and the westerly side yard setback in the proposed establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4058 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS, also applicable to the Special Exception simultaneously rendered herewith: 1. No excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other safety considerations for such expansion; 3 . No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. 5. The setbacks shall be not less than that applied for and shown on the plan dated October 18, 1991 (Drawing No. 92-8012) prepared by. Richard E. Tangel, P.E. , from the northerly property line. This resolution was duly adopted. Q CERTIFIED BY- �" DEC - 61991 �' da F. Kowalski, Confidential Clerk HO of the Southold Town Board of Appeals NING BOARD SCOTT L. HARRISr `� a Town Hall, 53095 Main Road SUPERVISOR t '{ P.O. Box 1179 Southold, New York 11971 FAX(516)765 - 1823 TELEPHONE(516)765 - 1800 ! v� 1� BOARD OF APPEALS Gerard P. Goehringer, Ch. OFFICE OF THE ,BOARD OF' APPEALS Charles Grigonis, Jr. TOWN OF SOUTHOLD Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa December 5 . 1991 TO: Planning Board The following is certified to be a Resolution of the Board of Appeals duly adopted at its November 21, 1991 Meeting: BE IT RESOLVED, that the application for a Special Exception for the establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4062 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No excessive (disturbing). . noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other- safety considerations for such expansion; 3 . -No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. This resolution .was duly adopted. CERTIFIED BY: r " , nda F. Kowalski, Confidential Clerk of the Southold Town Board of Appeals Southold T®�va ®ard of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS i GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWICKI JAMES DINIZIO,JR. Appl. No.--383�5 Matter of the Application of ARTHUR V. JUNGE, INC. - Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly side of building (said use to be a permitted use in this Zone District) . Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589+- sq. ft. in lot area. T---,t-.a-Meeting of the Zoning Board of Appeals held on ,-'-April 27, 1983 . the following action was taken: WHEREAS, a public hearing was held on April 13, 1989, under , File No. 3835, filed March 10, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted -concerning this application; and WHEREAS, the 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. By this application, applicant requests an Amendment to Special Exception Application No. 3705 to include establishment of 'car repairs with outside storage and future occupancy of vacant building (to be occupied with a use permitted in this Light Industrial Zone. District) . Southold Town Board of Appeals -2- April 27, 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) 2.. The property in question: (a) contains a total lot area of 45,589 square feet and lot width (frontage} along the north side of County Road 48 of 168.17 feet, in the Hamlet of Cutchogue; (b) is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, 19; (c) is located in the Light Industrial Zone District, as re-designated January 10, 1989 under the new Master Plan revisions; (d) is bound on the northerly side by the Southold Town Landfill, on the west by a single-family dwelling now or formerly of J. Harris Estate, and on the east by vacant land. now or formerly of Gray, all of which is also located in the Light Industrial Zone District. 3 . For the record, it is also noted that: (a) an Use Variance was denied without prejudice under Appeal No. 3635 on August 20, 1987, when the premises was zoned "A" Residential and Agricultural; (b) ' a Change of Zone was granted by the Southold Town Board on December 15, 1987, re-zoning the premises from "A" Residential and Agricultural to "C-Light Industrial" ; (c) a Special Exception for the construction and occupancy of a 7,750 sq. ft. building was granted by the Board of Appeals on March 3, 1988 under Appl. No. 3705; (d) the occupants of the building on or about January 1, 1989, are believed to be for the following uses: (1) contractor's business and shop; (2) vehicle-repair business and shop; (3) storage, parking and similar uses accessory and incidental to the established principal uses. 4. By this application, the property owner requests approval, as an amendment to the 1988 Special Exception approval: (a) for the establishment of the vehicle repair business and shop occupying approximately one-third of the floor area of the existing building (at the center thereof) and for Southold Town Board of Appeals -3- April . 27, 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) approval of outside storage of licensed vehicles, parked while under repair, with proper screening. The area of the proposed vehicle parking (vehicles for repairs) is that area directly in the rear yard, behind the building, with fencing and/or other screening around the periphery of the rear yard, including that area close to the northerly and easterly property lines, and squared .off to the northeasterly corner of the rear of the building (if needed for reference, see subject storage area depicted in red on Drawing No. P-la dated March 10, 1987, submitted for consideration) ; (b) for occupancy of Bay #3 at the easterly third section of the building for a Special Exception use only as permitted under the Light Industrial Zone District regulations. It should be noted, however, that the Light Industrial (LI) Zone District provides for certain uses already provided in other zone districts listed on the previous pages of the Zoning Code {such as the "LIO" Light-Industrial Office/Park, Section 100-131B{1-11} , "B" General Business, Section. 100-101A{3-5} and B{5,7,10} ,which includes warehouses, building material storage and sales, building contractors yards, cold storage plants, etc. ) . 5. Additionally, it is noted that Article XIV, Section. . 100-141,_ Subsection B(1) permits by Special Exception and site plan approval any special exception use set forth in and as regulated by Section 100-131B(1-11) of the Light Industrial Park/Planned Office Park Zone District. Subsection 100-131B{21 thereof provides by special exception and site plan approval: . . .Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and. . .Such uses may include industrial operations such as electronic, machine parts and small component assembly. . . It is the opinion of the Board ,that based on the precedents concerning permitted light-industrial uses under the previous zoning code, and the fact that the vehicle repairs will be minor or include installation of .(small) electronic or mechanic parts into the vehicles, that the use is similar to other permitted light industrial uses for the purposes of this Amendment and is of the same or similar nature of a light-industrial use. Southold Town Board of .Appeals -4- April 27 , 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) 6. In considering this application, the Board also has: (a) considered Section 100-262r(General Standards) and Section 263 (Consideration) of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use which was permitted by special exception application (with the exception of the formality of requiring a written amendment to the Special Exception in effect at the time of the filing of this application) plan) ; (e) the applicant has had numerous applications before the Boards, and due to the timeliness during the procedures was not able to have the same finalized. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT an Amendment to the Special Exception as requested (under Application No. 3835) in the Matter of ARTHUR V. JUNGE, INC. , SUBJECT TO THE FOLLOWING CONDITIONS: 1. Vehicles stored outside of the building must be licensed, in taxt, and .located only in this screening-in rearyard area; 2. Any extended storage area outside of the building will require re-application for re-consideration by the Board of Appeals; 3 . The types of screening for the enclosure of the proposed outside vehicle storage area shall be designated at the discretion of the Planning Board under its site-plan regulations. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Absent, as agreed for this Special Meeting, was: Member Doyen of Fishers Island. ) This resolution was duly adopted. lk */ �� GERARD P. GOEHRINGER, HAIRMAN SOUTHOLD TOWN BOARD OF APPEALS / F OG�1�a�n�i Southold' Town' Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ur TELEPHONE (516) 765-1809 ACTION OF THE .ZONING BOARD OF APPEALS Appl . No. 3705-SE Application Dated December 16 , 1987 TO: Mr . Arthur V. Junge [Appellant (s) ] 6880 Nassau Point Road Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on March 3 , 1988 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VIII , Section 100-80 (B ) [ ] Request for Variance to the Zoning Ordinance Article Section . . . [" ]" 'Request for Application o.f 'ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance , Article. VIII , Section 100-80 (B ) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10 , 1987 , ,prepared by John A. Grammas & Assoc . , Zone District : C-Light Industrial . Location of Property : North Side of C . R. 48 , Cutchogue , NY ; County Tax Map District 1000 , Section 96 , Block 1. , .Lot .1.9 , contai-ning 45 ,589± sq . ft . in lot area . WHEREAS , a public hearing was held and concluded on January 14 , 1988 in the Matter of the Application of ARTHUR V . JUNGE under Appl . No . 3705-SE; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application -, and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its, present z-oning , and the surrounding areas ; and WHEREAS , the Board made .the following findings of fact : 1 . The premises in question is a described parcel of land. containing a lot area of . 975 of an acre , or 45 ,589 sq . ft. with frontage ._(lot width ) of 168 . 17 feet. along the north side of C . R. 48 , in the: Hamlet of Cutchogue , is vacant , and is more particularly shown on the Suffolk. County Tax Maps as District .1000 , Section 96 , Block 1 , Lot 19 . 2 . The subject premises is located in the "C" Light Industrial Zoning District as approved by the Town Board at a Regular Meeting held December 15 , 1987 , and is immediately adjacent to the Southold Town Disposal Site. at the north side . The premises immediately adjoining this property along the west side is a parcel of 1 . 2± acres improved with a single-family dwelling and along the east side is a vacant parcel of 39 ,524 sq . ft .., which has also received a change. of zone from "A" to "C" (Parcel 1000-96-1 -20 ) . (CONTINUED O,N PAGE TWO ) DATED: March 3 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No . 3705-SE Matter of ARTHUR V . JUNGE Decision Rendered March 3 , 1988 3 . Town assessment records indicate that the applicant ` acquired the premises from Watson Gray on April .6 , 1987 (see Deeds at Liber ' 10321 cp 162 ) . 4 . By this application , appellant requests a Special Exception under Article VIII , Section 100-80 ( B ) for permission to establish electrical shop use as more particularly shown on Amended Plan prepared by John A. Grammas & Assoc . , Drawing No . P-1 presently under review by the Town Planning Board (and filed February 10 , 1988 ) . 5 . It is the opinion of this Board that the 7 ,750 sq . ft . building together with all parking- and other site-plan elements are consistent with the zoning requirements for this zoning district . 6 . In considering this application , the Board has also determined : (a ) the use proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (b ) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in adjacent use districts ; ' (c ) the safety , health , welfare , comfort , convenience and order of the Town will not be adversely affected by the proposed use and its location ; (d ) the use will be in harmony with and promote the general purposes and intent of the zoning ordinance . The Board has also considered items [a] through [1 ] of Article XII , Section 100-121 (C )[2] of the Zoning Code . , Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , to GRANT a Special Exception in the Matter of the Application of ARTHUR V . JUNGE under Appl . No . 3705 for the proposed electrical shop use in the proposed 7 ,750 sq . ft . building as shown on Site Plan prepared by John A. Grammas & Assoc . (dated March 10 , 1987") , SUBJECT TO . THE FOLLOWING CONDITIONS : 1 . There be no outside storage ; 2,. All vehicles left on-site must be registered and licensed , for parking only [No storage of vehicles shall be permitted] . Vote of the Board : Ayes : Messrs . Goehringer ,,. Grigonis , Douglass and Doyen . (Absent was : Member Sawicki . ) This resolution was duly adopted . lk GERARD P . GOEHRINGER, C&AIRMAN March 14 , 1988. v IL.I {y Z� -. fh ard of App' eals ­-%,uthold '"own ,,Bo MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3635 Application Dated May 19 , 1987 TO- fArnel..1?nt !sl ] i1ir . Hr- cnur V . Junge - - - 6880 Nassau Point Road Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on August 20 ,' 1987 , the above appeal was. considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to. Property New York Town Law, Section 2,80-a [ ] Request for Special Exception under the Zoning Ordinance Article , . Section [ X] Request for VAriance to the Zoning Ordinance Article III, Section 1.00-30 (A) . . . .[. .]. . .Request for. . . . . . . . . . . . . . . . . . . . . . . Application of ARTHUR V . JUNGE for a Variance to the Zoning Ordi - nance , Article III , Section -3 ) for permission to establish elec- trical shop use in this "A-40". Residential and Agricultural Zoning District. - Location of Property: North Side of C . R. 48 , Cutchogue , NY; County Tax Map District 1000 , Section 96 ,.'Block 1 , Lot 19 , con- taining .45 ,589± .sq .. -ft .. .in lot area . 'WHEREAS , a public hearing was .held and- concluded on July 16 , 1987 in the Matter of the Application of ARTHUR V . JUNGE , under Application No . 3635 ; and WHEREAS , at said hearing all those who desired to be heard were heard and- -their testimony recorded ; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the 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 . The premises in question is a described parcel of land containing a -lot area of . 975 of an acre , or 45 ,589 sq . ft . , with frontage (lot width) of 168. 17 feet along the north side of C. R . 48 , Hamlet of Cutchogue , is vacant, and is more parti - cularly shown on the Suffolk County Tax Maps as District 1000 , Section 96', Block 1 , Lot. 19 . 2 . The subject premises is .located in the "A-40" Residential and Agricultural Zoning District and is immediately adjacent to the Town of .Southold Disposal Site at the north side . The premises _ immediately adjoining this property along' the west`-side is a parcel of 1 . 2± acres improved -with. a single-family dwelling - and along the east side is a vacant parcel . of 39 ,524 sq , . ft. (also located .in this Residential and Agricultural Zoning District ) . (CONTINUED ON PAGE TWO ) DATED: August 20 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2' - Appl . No . 3635 Matter of ARTHUR V. JUNGE Decision Rendered August 20 , 1987 3. Town assessment records as of the date of this decision show the owner of the subject parcel to be John S . Wickham , although it is our understanding that. there has been a recent conveyance to Arthur V. Junge or Arthur!.V. Junge Inc . (A copy of an unexecuted deed from Timothy Scott Gray to Arthur V. Junge dated April . 6 , 1987 has been furnished for the file . ) 4. By this application , appellant req-uests a Variance from the Zoning Ordinance to permit the construction of an 440.0 sq . ft . building as shown on Site Plan prepared March_ 10 , 1987 by John A. Grammas and Associa-tes and referred to 'as _ Building "A, " with dimensions of. 110 ft. wide by 40 ft . deep and shown to be set back 60 set.. from the front property line . Also shown on the Site Plan is a.-future Building " B" to the rear (north ) of Building "A" . The occupancy proposed by the appellant is a contractor's . business; and_ shop . 5 . No evidence has been introduced as required by law -that : (a ) the land in question cannot yield a reasonable return if used only for the purpose' of the zone in which it.. is located ; (b) that the plight of the owner is due to un.ique . circumstances and not to the general conditions of the neigh- borhood which may reflect the unreasonableness of the zoning ordinance itself; .._. (c ) that the use to be authorized. will not alter the essential character of the neighborhood ; (d) there is dollars and cents proof to substantiate the unnecessary hardship claimed . This Board is aware that the proposed new Master Plan Maps depict this property for LIO ,. Light Industry , which would permit this use by Special Exception approval , and does sympathize with petitioner' s plight ; however-, the Board finds that the criteria set by the Courts has not been sufficiently met and therefore lacks authority to grant the relief as requested . Accordingly , on motion by Mr. Douglass , seconded by Mr . Grigonis , it was RESOLVED , that the Vari-ance_..requested under Appeal No . 3635 in the Matter of the Application of ARTHUR V . JUNGE BE AND HEREBY *IS DENIED WITHOUT:: PREJUDICE. Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigoni.s , ' Douglass and Sawicki . This resolution was duly adopted . lk G R RD P . GOE INGER , VAIRM N September 3 , 1987 tv D„r SCOTT L. HARRIS %� �ti "� Town Hall, 53095 Main Road SUPERVISOR � � - 1� - - P.O. Box 1179 Southold, New York 11971 FAX(516) 765 - 1823 TELEPHONE (516) 765 - 1800 �; � ?�''•1R �' BOARD OF APPEALS : G6rard P. Goehringer, Ch. OFFICE OF THE BOARD OF APPEALS Charles Gri Boni s, Jr. TOWN OF SOUTHOLD Serge Doyen, Jr. James Dinizio , Jr. Robert A. Villa TO: Planning Board December 5, 1991 The following is certified to be a Resolution of the Board of Appeals duly adopted at its November 21, 1991 Meeting: BE IT RESOLVED, that the application for variances concerning the northerly rear yard setback and the westerly side yard setback in the proposed establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4058 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS, also applicable to the Special .Exception simultaneously rendered herewith: 1. No excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other safety considerations for such expansion; 3. No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. 5. The setbacks shall be not less than that applied for and shown on the plan dated October 18, 1991 (Drawing No. 92-8012) prepared by Richard E. Tangel, P.E. , from the northerly property line. This resolution was duly adopted. CERTIFIED BY: . da F. Kowalski, Confidential Clerk of the Southold Town Board of Appeals P FOtda,('y� . Town Hall, 53095 Main Road SCOTT L. HARRIS r. s SUPERVISOR r ' . s" iL P.O. BOX 1179 Southold, New York 11971 FAX(516)765 - 1823 TELEPHONE(516)765 - 1800 '� ' BOARD OF APPEALS Gerard P. Goehri.nger, Ch. OFFICE OF THE .BOARD OF' APPEALS Charles Gri goni s, Jr. TOWN OF SOUTHOLD Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa December 5, 1991 TO: Planning Board The following is certified to be a Resolution of the Board of Appeals duly adopted at its November 21, 1991 Meeting: BE IT RESOLVED, that the application for a Special Exception for the establishment of' a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4062 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No excessive (disturbing) noise levels; 2 . No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare; comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other safety considerations for such expansion; 3 . No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. This resolution was duly adopted. CERTIFIED BY: 4nd2fa- F. Kowalski, Confidential Clerk of the Southold Town Board of Appeals Page 5 - Appl. No. 58 Matter of NYNEX Mobl-Le Communications/Junge Decision Rendered November 21, 1991 application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. 5 . The setbacks shall be not less than that applied for and shown on the plan dated October 18, 1991 (Drawing No. 92-8012) prepared by Richard E. Tangel, P.E. , from the northerly property line. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) . This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN COUNTY OF SUFFOLK'_r @COWC y \ y ��` DEC 2 4 1991 1- PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING December 17, 1991 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) NYNEX Mobile Communications 4058 NYNEX Mobile Communications 4062SE Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-5192 'PLANNING BOARD MEMBERS 1." A, .rp ri'� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor bs'n ay a_* 1 George Ritchie Latham, Jr. Richard G. Ward �sa 1 Town Hall, 53095 Main Road Mark S. McDonald Y.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 16, 1991 ' RE: Lead Agency Coordination Request for NYNEX Mobile Communications & Arthur V. Junge, Inc. N/s County Route 48 Cutchogue, New York SCTM *1000-96-1-19 Dear Reviewer: The purpose of this letter is to supplement our last letter to you of December 10, 1991, pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 . That letter contained the resolution of conditional approval for the Special Exception by the Zoning Board of Appeals. Since that time, the Zoning Board' s final decisions which include its findings and determinations on the Special Exception and the variance applications, both, have been completed. A copy of each is enclosed to assist you in your coordinated review. Project Name: NYNEX Mobile Communications & Arthur Junge Inc. 4 \ N/s County Route 48 Cutchogue, New York Requested Action: To construct a monopole tower one hundred ( 100) feet in height for the purpose of installing a cellular communications transmitter and to construct an accessory equipment storage building for the tower on a Light Industrial site with an existing industrial building. SEQRA Classification: ( ) Type I (x ) Unlisted Contact Person: Valerie Scopaz ( 516) -765-1938 cc: Building Department Southold Town Board of Zoning Appeals V/ Suffolk County Dept.. of Health Services Department of Environmental Conservation - Albany, ` Tp ` 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 Southold, New York 11971 James Dinizio,Jr. BOARD OF APPEALS Fax (516) 765-1823 Robert A. Villa Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : X Variance from the Zoning Code , Article XIV , Section 100-142 Variance from Determination of Southdld Town Building Inspector Special Exception , Article Section Special Permit Appeal No. : 4058 Applicant: NYNEX;'IMobat-1e., '-.ti6mmunications Location of Affected Land : 21855 County Road 48, Cutchogue County Tax Map Item No . : 10 00- 96-1-19.1 Within 500 feet of : Town or Village Boundary Line Body of Water (Ba-y , Sound or Estuary ) X_ 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, permission to construct monopole radio tower and equipment building. Insufficient side and rearyard setbacks Copies of Town file and related documents enclosed for your review. Dated : Dec. 11 , 1991 APPEALS BOARD MEMBERS ���U��O(�� SCOTT L.HARRIS IN; OG Supervisor Al Gerard P.Goehringer,Chairman ; Charles Grigonis,Jr. _ Town Hall,53095 Main Road Serge Doyen Jr. e� it ,,, tN nT P.O.Box 1179 James Dinizio,Jr. r� ,, 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 December 12, 1991 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Re: Appl. No. 4098 - NYNEX Mobile Communications (Setbacks) Dear Mrs. Ongioni: Attached please find a copy of the board' s findings and determination in the above matter. Please be sure to return to the Building Inspector (and other agencies which may have jurisdiction for issuance of other approvals of this project) before commencing construction activities. Copies of this determination have this date also been furnished to the Building Department and Planning Board offices for their files and update. A certified copy of the resolution was furnished several days earlier, as you know, -to the Planning Board in order that they would be in a position to calendar the matter for processing at the Planning Board Meeting of Monday, December 9, 1991. (The attached findings and determination include this resolution, of course, with the same conditions of approval. ) Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Southold Town Planning Board Suffolk County Department of Planning . Y �N� �� d . SCOTT L. HARRISa :;A, Town Hall, 53095 Main Road t SUPERVISOR P.O. Box 1179 ,r�,a;., Southold, New York 11971 FAX (516)765 - 1823 TELEPHONE(516)765 - 1800 BOARD OF APPEALS : OFFICE OF THE' MARD OF APPEALS Gerard P . Goehringer Chairman TOWN OF SOUTHOLI} 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 4058: NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to construct monopole radio tower and accessory equipment-storage building with insufficient side and rear yard setbacks. Zone District: . Light Industrial (LI) . Location of Property: 21855 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-1-19.1. WHEREAS, after due notice, a public hearing was held on October 24, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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. The premises in question is located in the Light Industrial (LI) Zone District in the Hamlet of Cutchogue, Town of Southold, and is more particularly identified as County Tax Map District 1000, Section 96, Block 1, Lot 19.1. 2. The subject premises consists of a total area of 1. 04 acres (or 45,598 sq. ft. ) with a frontage of 168 feet along the north side of County Route 48 and a lot depth of 252+- feet. This parcel is improved with an existing building and uses which were the subject of a conditional approval by the Board of Appeals under Appl. No. 3835 rendered April 27, 1989 and Appl. No. 3705 rendered March 3, 1988 (Arthur L. Junge, Inc. ) , as well as site plan approval by the Southold Town Planning Board. 3 . ` By this application, reduced setbacks are requested: (a) from the northerly rear yard and westerly side yard at 14 feet and 24+- feet, respectively for _the 13 ' by 27 ' foundation of the proposed accessory storage building, and (b) from the northerly rear yard at 39+- feet and from the westerly side yard at 21+- feet for the foundation of the proposed monopole tower r Page 2 - Appl. No. 58 Matter of NYNEX MOB-Li E COMMUNICATIONS Decision Rendered November 21, 1991 structure, all as more particularly shown on map of proposed site plan and details prepared by Richard E. Tangel, P.E. dated July 31, 1991. 4. The subject premises is located in the Light-Industrial (LI) Zone District, and the setbacks applicable are noted for a principal use structure at 70 from the rear property line and 20 for the side yard. 5. The following documentation and site plan information are noted for reference and consideration: (a) an existing tree (screening) line is shown along or very near the northerly and southerly lines of the subject property; pine-tree screening must be located along the westerly property line, as shown on the site plan maps; (b) also proposed is a stockade fence along the northerly and easterly sections of the proposed equipment storage building; (c) Certificates of Occupancy have been found of record for the existing uses as follows: ( 1) #Z17295 issued on September 13, 1988 for the electric shop/building of Arthur. V. Junge; (2) #Z18981 issued on April 23 , 1990 for a wholeale bakery- and for Local Talent, Inc. in the existing light-industrial building; (d) the proposed equipment storage building and tower structure will be unmanned, not requiring active daily parking for additional on-site personal or any increase of on-site customers related to the establishment of this public utility use; (e) other site plan elements are to be placed as conditioned by the Planning Board under its simultaneously pending site plan application {see PB letter of 11/7/91) ; (f) New York SMSA Limited Partnership and NYNEX have furnished information for the record concernings its licensing as a public utility to provide cellular radio transmission serving to its full extent the public interest, convenience and necessary as per written consent and order authorized by the N.Y.S. Public Service Commission, Federal Communications Commission, etc. , which includes limitation on the Effective Radiated Power for mobile transmitters up to 7 watts, and output power for mobile transmitters up to 60 watts. It is also not permitted to be assigned or transferred to any person, firm, company, or corporation without the written consent of the Commission; and it is understood that upon any future proposal of this applicant or owner(s) to transfer or assign this Page 3 - Appl. No. 58 Matter of NYNEX Mobile Communications/Junge Decision Rendered November 21, 1991 authorization, subsequent application to this Board must be filed for consideration. 6 . Other relevant technical information considered in this project are also noted below for the record: (a) cellular communication systems must operate through a network of cell sites, the first for this applicant in the Town of Southold at the subject premises in Cutchogue. (b) this cell site has two principal components, a 12' by 26 ft. (13 ' by 27' foundation) structure for computer equipment storage, and transmitting/receiving antenna-tower structure, both of which are incidental and necessary to operate a wire line telephone communications use. The top of the tower is 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the top. There would be two whip antennas that are 10 ft. above that, and one below. (c) the tower and building are monitored seven days a week, 24 hours per day per FCC mandates, although it is unmanned. ' physically at the site. (d) the tower and antenna are solely for use by this applicant/public utility and will not be rented or leased to any other corporation, person, firm or company. Also, it is expressly understood that no new cell, or expansion will be established, unless further application and approvals by this board and the regulating commissions, on this site in order that appropriate criteria may be evaluated, including engineering data relative to wind pressures, wind loads and other safety considerations for such future utility expansion; (e) the design of the tower and antenna submitted is not a steel lattice design; this monopole structure must, however, be designed to withstand continuous wind loads in excess of 150 mph and wind peaks of 190 mph or more (sufficiently mounted with wires and brackets capable to, support these pressures) . 7. This date, a Special Exception was conditionally approved by this Board concerning the applicant' s request under Article XIII, Section 100-130 of the Light Industrial (LI ) and Light Industrial-Office (LIO) Zoning Provisions for authorization to establish a telecommunications use by a public utility. T Page 4 - Appl. No. 4u38 Matter of NYNEX MOBILE COMMUNICATIONS Decision Rendered November 21, 1991 8• In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the:-essential character of the neighborhood and is the minimum necessary to afford relief under the circumstances; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or -order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than. a variance A e) is uniquely related to the property and is not personal in nature; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for the reduced setbacks requested and noted above on the first page, paragraph #3, in the Matter of the Application of NYNEX MOBILE COMMUNICATIONS, SUBJECT TO THE FOLLOWING CONDITIONS: RESOLVED, that the application for a Special Exception for the .establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4062 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other safety considerations for such expansion; 3. No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this application) ; ti Page 5 - Appl.. No. 58 Matter of NYNEX Mob-Lle Communications/Junge Decision Rendered November 21, 1991 application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. 5 . The setbacks shall be not less than that applied for and shown on the plan dated October 18, 1991 (Drawing No. 92-8012) prepared by Richard E. Tangel, P.E. , from the northerly property line. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) . This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN TOWN OF SOUTHOLD ZONING BOARD OF APPEALS l -----------------------------------x In the Matter of the Application of NYNEX MOBILE COMMUNICATIONS, for a Variance from Article XIV, Section 100-142, and/or, for a Special Exception from Article XIV, Section 100-141 B (1) , -----------------------------------x MEMORANDUM IN SUPPORT OF THE APPLICATIONS OF NYNEX MOBILE COMMUNICATIONS FOR A VARIANCE AND/OR SPECIAL EXCEPTION POINT I Site Background: The property for which a variance and/or special exception is sought is located at 21855 County Road 48, Cutchogue, New York, more particularly designated on the Suffolk County Tax Map as District 10001 Section 96, Block 1, Lot 19. 1. The parcel is owned by Arthur Junge and applicant, NYNEX Mobile Communications, is before this Board as a lessee of a portion of Mr. Junge' s property. A copy of the lease is attached as Exhibit 1. Mr. Junge' s consent to the application and construction of the tower have been previously provided to the Board. 1 The property was the subject of a decision by this Board in December, 1987 a copy of which is attached hereto as Exhibit 2 (Application #3705) . Mr. Junge' s application at that time was a request for a Special Exception to construct two buildings and establish an electrical shop in the building The district in which the property is located was at that time designated "C" Light Industrial but is currently zoned Light Industrial. The property was also the subject of a second decision by this Board rendered in April, 1989 a copy of which is attached hereto as Exhibit 3 (Application #3835) . At that time Mr. Junge sought an amendment to the Special Exception application to include establishment of a car repair business at the site with outside storage and future occupancy of the vacant building by a use permitted in the LI district. A bakery was subsequently established in the building and copies of the CO for the bakery and Mr. Junge's electrical business were attached to the application filed with this Board. A portion of the site has been leased to the applicant for construction of a pre-fabricated communications building and monopole to allow cellular phone transmission. An application for site plan approval was filed simultaneously with the Planning Board and is pending before them at this time. The applicant filed a request for a building permit with the Building Department which request was denied on the basis that the 2 proposed construction failed to meet both the side and rear yard set back requirements and a variance from this Board was required. Subsequently, the applicant was advised that the requested construction also required a Special Exception from this Board and that application has also been filed although it is contended by this applicant and will be alternatively argued in Point IIIB of this memorandum that the requested Special Exception is not required as the monopole qualifies as a telephone exchange which is a permitted use in LI. This site was selected by the applicant because it is presently utilized by commercial enterprises, is on a major roadway into the area and is located in a district which permits both telephone exchanges and public utilities. The blending of these factors yields the least disruption to residential areas and is not aesthetically out of character with the remainder of the parcel while promoting the applicant's business endeavors which is to provide services to the public. POINT 11 Applicant and Use Background: NYNEX Mobile Communications is a public utility engaged in, among other things, the business of supplying radio cellular 3 telephone service to the public. NYNEX has authorization to provide such . service and is licensed by the FCC. Copies of proof of this status and authorization have been previously supplied to the Board. A public utility is an organization that supplies such things as water, electricity or telephone service, etc. to the public, operated by a private corporation under a government franchise. In New York, the courts have determined that. public utilities are monitored and regulated by the Public Service Commission. The application filed with this Board indicates that applicant seeks to construct, by use of a pre-fabricated structure, a building to house its communications equipment and a monopole radio tower to transmit signals. Telephone communications have traditionally been conducted over cables which have run the gamut from copper to fiber optics. In 1982, the ,FCC began granting licenses for companies to build and operate mobile telephone systems based on cellular radio technology. While traditional systems carry the electric impulses over cables to telephone exchanges with switching equipment, which in turn transmit the call to the recipient instrument, a cellular system utilizes radio signals to transmit and switch the call. In a cellular system geographic area is divided into cells (usually 4 with a radius of 5 to 15 miles) each of which has a low powered radio transmitter and receiver. As a phone equipped car travels from cell to cell, the call is transferred or switched from one transmitter and receiver to another without interruption of the conversation. Cellular systems actually handle more calls than earlier systems that utilized high powered transmitters and receivers for a much larger geographic area. Traditional systems utilize a system which includes a telephone exchange or central office to which a telephone subscriber is connected by cable. That exchange is linked via a trunk cable to other exchanges so that a call can be routed and carried to its ultimate destination through switches located at the exchange. The tower to be constructed by the applicant serves the same basic function of switching or connecting a subscriber and maintaining that call so that it will reach its destination. The similarity and congruence of operation between a traditional telephone exchange and a cellular radio tower is the basis for applicant's contention and alternative request that the construction does not require a Special Exception as telephone exchanges are a permitted use in the LI district. 5 POINT III Requested Relief: The building to be constructed will house communications equipment and will be approximately 312 square feet. The equipment does not require on site personnel and thus will not add traffic nor automobiles to the existing roadway or premises. The equipment is serviced by a maintenance crew who will visit the site approximately once per month. The free standing monopole antenna structure will be approximately 100 feet in height adjacent to the equipment building. There will be cables and other connecting links between the building and the monopole. A security fence (chain link or comparable construction) may be constructed if deemed necessary. A. Set Back Variances 1. The proposed structures because of the existence of the building and asphalt parking area have been located in the rear of the lot at the northeast corner. Although the proposed location meets the total side yard set back requirements (45 ' ) the side yard set back on the east side of the property is approximately 14 ' rather than the required 201 . The rear set back is approximately 24 ' instead of the required 701 . 6 The side yard set back is therefore 70% of what is required necessitating a variance or reduction of 30% and the rear yard set back is 34% of what is required necessitating a variance or reduction of 66% in what is required under the applicable code sections The standard of review for area variances is the well known and often cited Wachsberger v. Michalis, 191 N.Y.S. 2d 621 (1959) in which the court set forth the matters to be considered by a Board of Appeals: 1. How substantial is the variance in relation to the requirement? 2 . What effect, if any, will the variance if granted have on available governmental facilities? 3 . Will the variance produce a substantial change in the character of the neighborhood or be of a substantial detriment to the adjoining properties? 4 . Can the difficulty be obviated by some other means, other than a variance? 5. In view o the manner in which the difficulty arose and considering all of the above factors, will the interests of justice be served by allowing the variance? The requested relief, although a rather substantial deviation from the requirement for only the rear yard set-back: 7 1. will not have an effect on available governmental facilities, 2 . does not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties 3 . has no other means of obviating the need for the variance 4. and justice would certainly be served by granting the requested variances The proponents of set-back requirements have urged the aesthetic objectives as the primary objective of such requirements, Goreb v. Fox, 274 U.S. 603 (1927) . While the courts have stated that health and safety cannot be ignored as an objective, (Wulfsohn v. Burden, 241 N.Y. 288 (1925) ) the relief requested by this applicant does not offend either objective. This structure will be located on a parcel zoned for light industrial use, which is currently being utilized for that purpose. The structures are to be located in the rear of the property, a short distance from the Town landfill. In New York, set back requirements have been upheld, largely because they allow light and air and decrease fire hazards with improvement of appearances a secondary benefit VanAuken v. Kimmey, 252 N.Y.S. 343 (1931) . These concerns are not present with the instant application, and, thus are not obstacles to the granting of a variance. The structures do not affect the 8 light, air or fire hazards to adjacent property. The requested relief comes under the broad title of an "area" variance [Fleming v. Choate, 190 N.Y.S. 2d 741 (2d Dept. 1959) ] and as stated earlier is governed by the standard of "practical difficulties" . Wacksberger v. Michalis, supra. Additionally, set- back variances need not be submitted to the environmental quality review process. 6 NYCRR 617. 13 (1976) . The location of the structures was determined on the basis of the existing structures, the prior approvals, the least disturbance to the parcel and the best accessibility for service vehicles. These factors which determined the location of the structures create practical difficulties in complying with the code regulations and thus a variance is sought. To locate the structures otherwise would be to disturb the pre-existing parking area and pre-existing approved parking spaces granted to the lot owner by the Planning Board on May 9, 1988. As it stands now the location of the structure has disturbed some of the parking spaces and the applicant has been required to submit a second site plan showing those spaces and their relocation. A copy of the new site plan indicating the relocation of the affected parking spaces ,was submitted previously to this Board as part of the plan indicating the fall down radius of the tower. The owner of the parcel clearly delineated his intention to 9 rent available space at his complex when he previously appeared before both this Board and the Planning Board in order to foster both his own business and those of his tenants. He has subsequently been allowed to amend his special exception in order to proceed with those plans to bring additional businesses and employment to the area. Applicant's use will more than meet the objective of the parcel owner. In addition, it will bring a service to the public at large which applicant supplies in its role as a public utility. Thus, granting of the requested relief insures that the owner will not suffer economic injury by depriving him of the rental income, the health and safety of the adjacent property will not be detrimentally affected and the applicant will be able to meet its mandate to serve the public while engaging in its regulated business. B. Special Exception Applicant asks this Board to consider the request for a Special Exception as alternative relief, as applicant contends such relief is not required. Article XIV, Section 100-141 B(1) allows as a special exception in the L.I. district all those uses permitted for the L.I.O. District pursuant to Article XIII, Section 1000-131 B(1) to (11) . Subsection (4) of that Section permits public utility structures and uses. Such uses are not defined in the code but applicant is a public utility (see exhibits previously 10 supplied) and as defined earlier ( see page 3) its function is to supply such things as water, electricity or telephone service, etc. to the public. It logically follows, therefore, that any structure or use by, an established public utility which fosters that function is a public utility structure and a use as envisioned by the code. Article XXVI, Section 100-260 implicitly states what the case law has determined, which is, that a special exception is a permitted use in a given district, albeit one that requires some additional scrutiny. It is especially significant to note the difference between a special exception and a variance. A special exception is a use expressly permitted by the zoning ordinance while a variance is the authority to use the site in a manner otherwise forbidden, Mobile Oil Corp. v. Oaks, 390 N.Y.S. 2d 276 (4th Dept. 1976) ; Goldstein v. Board of Zoning Appeals, 113 Misc. 2d 756; 449 N.Y.S. 2d 910 (S/Ct. Nassau Co. 1982) . The significance of the difference is the standard to be applied. The court has said it is error for a board of appeals to apply variance standards to a request for a special exception, Rick v. Zoning Board of Appeals, 384 N.Y.S. 2d 862 (2d Dept. 1976) . It is usual for a zoning ordinance to empower a board to issue a special exception after notice, hearing and findings. Such is the case in Southold Town (Section 100-262) . The standards to be met are set forth in Section 100-263 (Exhibit 4) . 11 In applying those standards, Section 100-264 sets forth the matters to be considered (Exhibit 5) . The Board should note that with regard to the matters to be considered and the relief requested by this application that: 1. the existing character and eventual development of the uses in the district will not be adversely affected and this district is peculiarly suitable to the requested use (100-264A) . 2 . the property values will not be affected and this is an appropriate use for this land (100-264B) . 1 3 . the location of the structures at the rear of the parcel on a parcel with already existing egress and ingress and which does not require resident personnel will have no effect on vehicular traffic (100-264C) . 4 . the use will not increase demand on public or private services or facilities (100-264D) and will not produce gases, odors, smoke or soot (100-264E) and will not cause disturbing emissions of dust, light, vibrations or noise (100-264F) . 5. there are no public parking or recreational facilities within close proximity to be disturbed (100-264G) and parking is already present at the site and the additional structures do not require on-site personnel (100-264H) . 6. the site already has accessibility for emergency vehicles and the new structures do not create a hazard to life, limb or 12 property (Section 100-264I) . With regard to the fall down radius of the monopole, applicant has submitted sketches of the requested radius of the area involved. Also applicant submits a report by the manufacturer of the monopole that in 20 years of experience they have no knowledge of the failure of such a monopole (Exhibit 6) and copies of the weather data indicating that the wind in this area has not reached a velocity of potential danger to this structure. 7 . the plot is sufficient, appropriate and adequate for this use and the new structures will not cause an overcrowding of the land and do not add to the population of the area (no personnel except for maintenance crews) (100-264J & K) . 8. the parcel is not within proximity of a place of public assembly and being in the L. I. district it is suitable for the use requested. See decision of the Board dated July 25, 1991 in a , prior similar application bearing application No. 4022-SE (Metro One) (100-264L & M) . 9. the building on the parcel already screens the rear portion from public view and provides a buffer area to adjacent property (100-264N) . The parcel has already made provision for collection and disposal of stormwater run-off, sewage refuse and other liquid, solid and gaseous waste and the new structures will not alter or add to these items (100-264 0) . See previously 13 approved and new site plans. 10. The proposed use will not disturb or disrupt any natural features, the site already having been developed and the function will not produce any emissions which could effect groundwater and surface waters (100-264P) . conclusion: The set-back variance should be granted together with the Special Exception if the Board finds that the structure does not constitute a telephone exchange. Respectfully submitted MARIE. ONGIONI Attorney for Applicant 218 Front Street P: O. Box 562 'Greenport, N. Y. 11944 14 EXHIBIT 1 OPTION AND LEASE AGREEMENT / This Agreement, made this 3 day of UatF-, 1991, between Arthur V. Junge, having offices at 21855 Country Road, Cutchogue, New York 11935 (hereinafter referred to as Lessor) ; and New York SMSA Limited Partnership, a Delaware limited partnership in which New York Cellular Geographic Service Area, Inc. , a subsidiary of NYNEX Mobile Communications Company, is the General Partner, having its principal offices at 2000 Corporate Drive, Orangeburg, New York 10962 (hereinafter referred to as Tenant) . OPTION AGREEMENT WHEREAS Lessor is the owner of certain real property located at 21855 Country Road, Cutchogue, New York; and WHEREAS Tenant desires to obtain an option to lease a portion of said real property for the purpose of constructing, maintaining and operating a mobile communications facility, consisting of a prefabricated equipment building of approximately 312 square feet to be installed by Tenant in the premises and one free-standing monopole antenna structure approximately 100 feet in height, with a right of way for access thereto, and the installation .of wires, cables and neces- sary connections between the equipment building and the monopole, all as substan- tially shown on Exhibits "A" and "B", attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the sum of Five Hundred Dollars ($500.00), hereinafter referred to as the Option Money, paid by Tenant to Lessor upon execution of this Agreement by both parties, Lessor grants to Tenant the option to lease said property, including a right of way for access thereto, seven days a week, twenty-four hours a day, for the installation and maintenance of its facility as herein described,_ ' for the term and in accordance with the Lease Agreement and its covenants and conditions set forth therein. This option may be exercised at any time on or prior to November 15, 1991. The time during which the option may be exercised may be extended by Tenant for six months through May 15, 1992, by Tenant giving Lessor written notice -of said extension not later than October 15, 1991, and the payment by Tenant to Lessor of an additional Five Hundred Dollars ($500.00) Option Money. If during the option period Lessor decides to sell. the subject premises or make alterations thereto, Lessor shall immediately notify Tenant in writing so that Tenant may take steps necessary to protect Tenant's interest in the property. Any sale or altera- tion, however, shall be subject and subordinate to the terms of this Agreement. This Agreement may be sold,, assigned or transferred at any time without the consent of Lessor to a partnership or corporation having a general partner or a shareholder, respectively, which is a subsidiary or affiliate of NYNEX Mobile Communications Company. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of Lessor, such consent not to be unreasonably withheld or delayed. Should Tenant fail to exercise its option within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, and Lessor shall retain all Option, Money, and no additional money shall be payable by either party to the other. Should Tenant exercise its option, no part of any Option Money shall be applied toward, the rent. Lessor shall grant Tenant, during the option period, free ingress and egress to the premises to conduct engineering tests and other activities of similar nature as Tenant may deem necessary, 'at the sole cost of Tenant. " Lessor agrees to execute a 'Memoiandum `of Agreement, to be prepared by Tenant, if requested by Tenant, which Memorandum of Agreement may be recorded by -2- Tenant at Tenant's expense. This Agreement and the performance hereunder shall be governed, inter- preted, construed and regulated by the laws of the State of New York. If Tenant exercises the option, notice of such exercise shall be given by Tenant to Lessor in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted. On the first day of the month following the giving of such notice, the following Lease Agreement shall become effective. LEASE AGREEMENT This Agreement, made between Arthur V. Junge, having offices at 21855 Country Road, Cutchogue, New York 11935 (hereinafter referred to as Lessor), and New York SMSA Limited Partnership, a Delaware limited partnership in which New York Cellular Geographic Service Area, Inc. , a subsidiary of NYNEX Mobile Communications Company, is the General Partner, having its principal offices at 2000 Corporate Drive, Orangeburg, New York 10962 (hereinafter referred to as Tenant) . WITNESSETH: 1. Lessor hereby leases to Tenant that certain interior space and a parcel of property located at premises designated 21855 Country Road, Cutchogue, New York, with a right of way for access thereto, seven days a week, twenty-four hours a day, all as substantially shown on Exhibits "A" and "B", attached hereto and made a part hereof. 2. This Lease Agreement shall be for an initial term of five years, beginning on the first day of the month following Tenant's giving of notice to Lessor of its exercise of the option to lease these premises (hereinafter referred -3- to as the Commencement Date) at an annual rental of Twenty-Four Thousand Dollars ($24,000.00) , to be paid in equal monthly installments of Two Thousand Dollars ($2,000.00) on the first day of the month, in advance, to Lessor or to such other person, firm or place as Lessor may, . from time to time, designate in writing at least thirty days in advance of any rental payment date. While Tenant intends to make each payment due hereunder on or before its due date, in the event Tenant fails to make .a payment within ten days after its due date Lessor will give Tenant written .notice of such nonpayment and Tenant will immediately make such payment. No,- action may be maintained by Lessor against Tenant for such nonpayment unless Tenant has failed to make payment within ten days after receipt of such written notice from Lessor. 3. Tenant shall have the option to extend this lease for three addi- tional five year terms by giving the Lessor written notice of its intention to do so at least six months prior to the end of the then current lease term. 4. The annual rental for each year of the first five year extension term shall be Thirty Thousand Dollars ($30,000.00) payable in equal monthly installments of Two Thousand Five Hundred Dollars ($2,500.00) on the first day of . each month; the annual rental for each year of the second five year extension term shall be Thirty-Seven Thousand Five Hundred Dollars ($37,500.00) payable in equal monthly installments of Three Thousand One Hundred Twenty-Five Dollars ($3,125.00) on the first day of each month; and the annual rental for each year of the third five year extension term shall be Forty-Six Thousand Eight Hundred Seventy-Five Dollars ($.46,875.00) payable in equal monthly installments of Three Thousand Nine Hundred Six Dollars Twenty-Five Cents ($3,906.25) on the first day of each month. 5. If at the end of the third five year extension term this Lease Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it at least six months prior to the end of -4- . such term,. this Lease Agreement shall continue in force upon the same terms and conditions for a further term of one year and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least six months prior to the end of such term. Monthly rental for this period shall be equal .to the rent paid for the last month of the third five year extension term. 6. Tenant intends to use the premises for the purpose of constructing,- maintaining and operating a mobile communications facility and uses incidental thereto, consisting of a prefabricated equipment building to be installed by Tenant in Lessor's building, and one free-,standing monopole antenna structure approximately 100 feet in height, and all necessary connecting appurtenances, all as aforesaid. A security fence consisting of chain link or comparable construc- tion may be placed on. the property if deemed necessary or advisable by Tenant. Tenant may install electrical, air conditioning, sprinkler and other systems and meters as may be necessary to maintain its equipment, and all costs of services for same shall be borne by Tenant. All improvements shall be at Tenant's expense. Tenant will maintain the property in a reasonable condition. 7. Lessor acknowledges that Tenant's ability to use the premises is contingent upon its obtaining, either before or after the Commencement Date of this Lease Agreement, all of, the certificates, permits, licenses and other ap- provals that may be required by any federal, state and local authorities. Lessor shall cooperate with Tenant in its efforts to obtain such approvals and shall take no action which would adversely affect the status of the premises with respect to the proposed use thereof . by Tenant. In the event that Tenant de- termines, in its sole judgment, that it will be unable to obtain all necessary governmental approvals, or if any of such applications should be rejected or any certificate, permit, license or approval issued to Tenant is subsequently can- -5- celled, expires, lapses or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its exercise of reasonable judgment determines that it will be unable to use the premises for its intended purposes, Tenant shall have the right to terminate this Lease Agreement. Notice of Tenant's exercise of its right to terminate shall be given to Lessor in writing by certified mail,. return receipt requested, and shall be effective upon mailing of such notice by Tenant (the Termination Date). All rentals pai.d. to the Termination Date shall be re- tained by Lessor, but all rental's allocable on a pro rata basis to the period subsequent to the Termination Date shall be refunded to Tenant. Upon such termination this Lease`Agreement shall become null and void and the parties shall have no further obligation, including the payment of money, to each other, except for Tenant's obligation pursuant to Paragraph 11 hereof. 8. Tenant shall indemnify and hold Lessor harmless .against any claim of liability or loss for personal injury or property damage resulting from or arising out of the use and occupancy of the premises by Tenant, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of Lessor, its employees or agents. 9. Tenant shall provide Lessor with a certificate of insurance issued by a reputable insurance company licensed to do business in the State of New York indicating comprehensive general liability insurance in the amount of $1 million for bodily injury and $1 million for property damage, and in which Lessor is named as an additional insured with respect to the leased premises. Tenant will provide Lessor with a renewal certificate when requested by Lessor. 10. Provided Tenant is not in default hereunder and shall have paid all rents and sums due and payable to Lessor by Tenant; Tenant shall have the right to terminate this Lease Agreement upon the annual- anniversary of the Commencement Date of this Lease Agreement, provided that six months prior written notice is given to Lessor. 11. Tenant, upon termination of this Lease Agreement, shall, within a. reasonable period, remove its equipment building, personal property, equipment, monopole antenna, security fence (if any) , connections and other fixtures and restore the premises to its original condition, reasonable wear and tear excepted. 12. Should Lessor, at any time during the term of this Lease Agreement, decide to sell the leased premises or make alterations thereto which may adversely affect Tenant's operation of its mobile communications facility, Lessor shall immediately notify Tenant in writing. Any sale or alteration, however, shall be subject and subordinate to the terms of this Lease Agreement and Tenant's rights hereunder, and Lessor shall do nothing which would interfere with the use of the premises by Tenant in connection with its mobile communications operations. 13. Lessor covenants that Tenant, on paying the rent and performing the covenants, shall peaceably and quietly have, hold and enjoy the leased premises. 14. Lessor warrants and covenants that Lessor is seized of good and sufficient title and interest to the subject premises and has full authority to enter into and execute this Lease Agreement, and that there are no liens, judg- ments or impediments of title which would adversely affect this Lease Agreement. Any breach of these warranties and covenants which preclude Tenant's use of said premises for its intended purpose shall entitle Tenant to terminate this Lease Agreement and receive back all monies paid hereunder. 15. In the event Tenant fails to comply with any of the provisions of this Lease Agreement or to perform any of its obligations hereunder, including the payment of rent, Lessor shall give Tenant written notice of such breach or non- payment of rent, and Tenant shall have ten days after receipt of such written notice from Lessor to cure such default. No action may be maintained by Lessor against Tenant for such breach unless Tenant has failed to cure same within ten -7- days after receipt of such written notice. 16. This Lease Agreement contains all the agreements, promises and understandings between Lessor and Tenant, and no oral agreements, promises or understandings shall be binding upon either Lessor or Tenant in any dispute, controversy or proceeding at law. Any addition, variation or modification of this Lease Agreement shall be void and ineffective unless made in a writing signed by the parties. 17. This Lease Agreement and the -. performance thereunder shall be governed, interpreted, construed and regulated by the laws of the State of New York. 18. This Lease Agreement may be sold, assigned or transferred. at any time without the consent of Lessor to a partnership or corporation having a general partner or a shareholder, respectively, which is a subsidiary or affiliate of NYNEX Mobile Communications Company. As to other parties, this Lease Agreement may not be sold, assigned or transferred without the written consent of Lessor, such consent not to be unreasonably withheld or delayed. 19. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice) : Tenant: New York SMSA Limited Partnership 2000 Corporate Drive Orangeburg, New York 10962 Attn: Manager - Real Estate Copy to:. Joseph A. Hallock, Esq. Hallock & Amann 175 Fairfield Avenue, Suite 1A West Caldwell, New Jersey 07006 Lessor: Mr. Arthur V. Junge 21855 Country Road Cutchogue, New York 11935 -8- 20. This Lease Agreement shall ' inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. 21 . At Lessor's option, this Lease Agreement shall be subordinated to any future mortgage ; made by Lessor which from time to time may encumber all or part of Lessor's property of which the leased premises are a part; provided, however, every such mortgage shall recognize the validity of this Lease Agreement in the event of a foreclosure of Lessor's interest and also Tenant's right to remain in occupancy of and have access to the leased premises as long as Tenant is not in default under this Lease Agreement. Tenant shall execute whatever instru- ments may reasonably be required to evidence this subordination provision. In the event the leased premises are presently encumbered by a mortgage, Lessor will obtain and furnish to Tenant a non-disturbance instrument for each such mortgage in recordable form. 22. Lessor agrees to execute a Memorandum of Agreement to be prepared by Tenant, if requested by Tenant, which Memorandum of AgrTmeamy a recorded by Tenant at Tenant's expense. IN WITNESS WHEREOF, the parties hereto have set tnds and a ix their respective seals the day and year first above written. Witness: Lessor: L 4C '' Arthur V. Junge i Date: 1991 Witness: Tenant: New York SMSA Limited Partnership l 7 Noreen A. Conlon, Vice President New York Cellular Geographic Service Area, I.iic. , General Partner Date: I �� 1991 -9- ACKNOWLEDGEMENT STATE OF NEW YORK SS COUNTY OF>/Ju JJ"" On the ._3/1-0�(day of -nt. 1991, before me came Arthur V. Junge, to me known, who being duly sworn did acknowledge that lie is the person named in the within document, and that he executed said document as his voluntary act and deed for the uses set forth therein. SIJSPN J.NAGY Notary Public,State of Now York No.4896735 Quafified in Suffolk County Commission Expires May 26,19D, 00 STATE OF NEW YORK : SS COUNTY OF ROCKLAND . On the .9/ d ay of H 1991, before me came Noreen A. Conlon, to me known, whom being duly sworn, did acknowledge that she is Vice President of New York Cellular Geographic Service Area, Inc. , General Partner, described in and which executed the foregoing Instrument; that the seal of the corporation is affixed hereto; and that this document was signed and made by the corporation as its voluntary act and deed by virtue of authority from its Board of Directors. I:ZIMMERMAN NOTARYOTARY PUBLIC,SOab Of NOW 11aAt Na 4952726 Qua0 mil In R Commission Exptres -10- "EXHIBIT A" Monopole Fenced. Area 12 ' x 26' Prefab Equipment Shelter PARKING AREA JUNGE MECHANICAL CORPORATION HEADQUARTERS < m D FRONT PARCEL SOUND AVENUE (liX111BI-11, B) ALP 9212 r •�� � �R 1/I i r I 100 ft Monopole - I ' III1 Not co Scale I t.�I 1 1 EXHIBIT 2 Southold Town Board of,appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516)765-1809 . . ACTION OF THE ZONING BOARD OF APPEALS Appl . No. 3705-SE Application Dated December 16, 1987 TO: Mr. Arthur V. Junge [Appellant(s)] 6880 Nassau Point Road Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on March 3, 1988, the above appeal was considered, and the action indicated below was taken on your [ ) Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [XI Request for Special Exception under the Zoning Ordinance Article VIII , Section 100-80(B) `\ [ ] Request for Variance to the Zoning Ordinance Article Section 1 [ ] Request for Application of ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII , Section 100-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial : Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96 , Block 1., .Lot 19, containing 45,589± sq. ft. in lot area. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of ARTHUR V. JUNGE under Appl . No. 3705-SE; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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 . The premises in question is a described parcel of land containing a lot area of .975 of an acre, or 45,589 sq. ft. with frontage (lot width) of 168. 17 feet along the north side of C.R. 48, in the Hamlet of Cutchogue, is vacant, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 96, Block 1 , Lot 19. 2. The subject premises is located in the "C" Light Industrial Zoning District as approved by the Town Board at a Regular Meeting held December 15, 1987, and is immediately adjacent to the Southold Town Disposal Site at the north side. The premises immediately adjoining this property along the west side is a parcel of 1 .2± acres improved with a single-family dwelling. and along the east side is a vacant parcel of 39,524 sq. ft. , which has also received a change of zone from "A" to "C" (Parcel 1000-96-1-20). (CONTINUED ON PAGE TWO) DATED: March 3, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) EXHIBIT 3 Southold Town Board ofAppea'is MAIN ROAD - STATE ROAD ,25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516) 765-1809 APPEALS BOARD FAX No. (516) 765-1823 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR.JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO, JR. Appl. No. 3835: Matter of the Application of ARTHUR V. JUNGE, INC. - Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly side of building (said use to be a permitted use in this Zone District) . Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot . 19, containing 45,589+- sq. ft. in lot area. At a Meeting of the Zoning Board of Appeals held on April 27, 1989, the following action was taken: WHEREAS, a public hearing was held on April 13 , 1989, under File No. 3835, filed March 10, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the 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. By this application, applicant requests an Amendment to Special Exception Application No. 3705 to include establishment of car repairs with outside storage and future occupancy of vacant building (to be occupied with a use .permitted in this Light Industrial Zone District) . Y. l ( Southold Town Board of A p g Appeals -2- April 27 1989 . ecial Meetin5 (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) 2. The property in question; (a) contains a total lot area of 45,589 square feet and lot width {frontage} along the north side of County Road 48 of 16 8.17- feet, in the Hamlet of Cutchogue; (b) -is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, 19; (c) is located in the Light Industrial Zone District, as re-designated January 10, 1989 under the new Master Plan revisions; (d) is bound on the northerly side by the Southold, Town Landfill, on' the west by a single '-family dwelling now or formerly of J. Harris Estate, and on the east by vacant, land now or formerly of Gray, all of which is also located in the Light ' Industrial. Zone District. 3 . For the record, -it is also noted that. (a) an Use Variance was denied without prejudice under Appeal No. 3635 on Augus.t. 20, 1987 , when the premises was zoned ".A" Residential and Agricultural; (b) a Change of Zone was granted by the Southold Town . Board on December 15, 19.87, re-zoning the premises from .Residential and.Agricultural to "C-Light Industrial" ; (c) a Special Exception for the construction and occupancy of a 7,750 sq. ft. building was' granted .by the Board _ of Appeals on March 3, 1988 . under Appl. No. 3705 (d) the occupants of the building on or about January '1, 1989, are believed to be for the following uses: ( 1) contractorls .business and shop; ( 2) vehicle-repair business and shop; . (3) storage, parking. and similar uses accessory and incidental to the established principal uses. 4. : By this application, the property owner requests approval; as ..an amendment .to .the 1988 Special Exception approval: (a) for the establishment of the vehicle repair business and shop occupying approximately one-third. of the floor . area of. the existing building '(at the center thereof) and for Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision,- continued: ) . approval of outside storage of licensed vehicles, parked while . under repair, with proper screening. The area of the proposed vehicle parking (vehicles for repairs) is that area directly in the rear yard, behind the building., with fencing and/or other screening around the periphery of the rear yard, including that area close to the northerly and easterly property lines, and squared off to the northeasterly corner of the rear of the building (if needed for reference, see subject storage area depicted in red on Drawing No. P-1a dated March10, 1987, submitted for consideration) ; (b) for occupancy of Bay #3 at the easterly third . section of the building for a Special Exception use only `as permitted under the Light Industrial Zone District regulations. It should be noted, however, that the Light Industrial (tI) Zone District provides for certain uses already provided in other zone districts listed 'on the previous pages of the. Zoning Code . . {such as the "LIO" Light-Industrial Office/Park,' Section 100-131B{1-11} ,, "B" General Business, Section 100-101A{3-5} and B{5,7,10} ; which includes warehouses, building material storage and .sales, building contractors yards, cold storage plants, etc, ) . 5.. Additionally, it is noted that Article XIV, Section 100-141, Subsection B(1) permits by Special Exception and site plan approval any special exception use set forth in and as . regulated by Section 100-131B( 1-11) of the Light Industrial Park/Planned Office Park Zone District. Subsection 100-131E{2} thereof .provides by special exception and site plan approval: ' . . .Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products ' from previously prepared materials and. . .Such uses may include industrial operations such as electronic, machine parts and. .small component assembly. . . ." - It is the opinion of the Board that based on the precedents concerning permitted light-industrial uses under the previous zonng' code, and the fact that the vehicle repairs will be minor or .include. installation of (sma.11) electronic or mechanic parts . '.into thevehicles, that the use is similar to other permitted light industrial uses for the purposes of this Amendment and' is . . ., . of the same or similar nature of a light-industrial use. k Southold Town Board of Appeals -4- April 27, 1989 Special Meeting (Appl.. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) 6. In considering this application, the Board also has: (a) considered Section 100-262 -.(General Standards) and Section 263 (Consideration) of the zoning code; (b) determined .the use will .not prevent the orderly and- reasonable use of adjacent properties or of properties in adjacent-use districts (c) determined the safety, health, welfare, .comfort, convenience, and order of the town will not be adversely affected by the . proposed use and its location; (d) determined that the use is in harmony -,with and will promote the general purposes and intent . , of. zoning since this is a use which was permitted by special exception application (with the exception of the formality. of requiring a written amendment. to the Special Exception in effect at the time .of the filing of this application) plan) ; (e) the applicant has had numerous applications before the Boards, and due to the timeliness during the procedures was . not able to have the same finalized. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, -it was RESOLVED, to GRANT an Amendment to the Special Exception as requested (under Application No. 3835) `in- the Matter of ARTHUR_ V. JUNGE., INC. , SUBJECT TO THE FOLLOWING CONDITIONS: 1. Vehicles stored outside of the building must be licensed, in taxt, and located only in this screening-in rearyard area; Any extended storage area outside, of the building .will require re-application for re-consideration by the Board of Appeals;. 3 . The types -of screening for the enclosure of the proposed outside vehicle storage area shall be designated at the discretion of the . Planning Board under its site-plan. regulations. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Absent, as agreed for this Special Meeting, was: Member Doyen of Fishers island. ) This resolution was duly adopted. . lk i. �� .``%as��c��•� � . GERARD P G EHRINGER, 4tHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS . EXHIBIT 4 §. 100-263. General standards. . No special exception approval shall be granted unless the Board having jurisdiction thereof specifically finds and. determines. the.. following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts. B: That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is'to be located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not.be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility,scale and overall appearance: 10160 2.25-89 § 100-263 ZONING 100-26-1 F. 'That all proI)osed structures. ef III ip IT)cn) and material shall be readily accessible for fire and police protection. 91E,�?NMA IN il)111 9 Ail AT qmum EXHIBIT 5 A § 100-264. Mattes to be considered. In making such determination, consideration shall .also be given, among other things, to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety: D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by, or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, Mors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use..will cause undue interference.with the orderly enjoyment,by the public of parking or of recreational facilities. if existing or if prolx)sed by the town or by other competent governnrent-it agencies. 11. The necessity for bituminous-surfaced sixtee for purposes of off-street parking of vehicles incidental to the use and.whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be ti.wd within or adjacent to the plot wherein .the use shall lxr Incatcd. 1016I. 2 µn § 100-264 SOUTHOLD CODE § 100-26 I. Whether a hazard to life, limb or property becanse of fire, flood, erosion or panic may be created by reason of or as a result of the use.or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adegnate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreason-ibly near to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. 0. Whether adequate provision can and will be made for• the collection and disposal of slormwnter runoff, sewage, refuse and other liquid,solid or gaseous waste which the proposed use will generate. , P. Whether the natural characteristics of the site are such that the proposed use may he introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. EXHIBIT 6 ENGINEERED ENDEAVORS INCORPORATED October 22, 1991 Marie Ongioni 2818 Front St. Greenport, NY 11944 Reference: 100 ' Monopole for Cutchogue, NY EEI Job No. CSONY257 Dear Ms. Ongioni: In response to your inquiry regarding the anticipated failure mode of the structure on the above referenced project, I would like to offer the following comments: 1) Failure of a steel monopole structure is defined as being that point at which the induced stresses exceed the yield strength of the material. At this point, deflections will be induced in the structure which will no longer be recoverable once the load has been removed. 2) The induced loads must be sustained for a long enough period in order that the structure has time to respond to the load without its removal. This particular structure would have to exhibit deflections at the top in excess of 5 ' (requiring sustained winds over 110 MPH) . 3) Sustained wind loads of nearly 150 MPH applied over r.o the entire structure would be required to induce structure yielding if the two 8 ' diameter microwave ' dishes were not installed. cl 4) The supported antennas are most likely not capable � �'`�1� of enduring winds in excess of 120 MPH and when failed will offer a smaller drag area. 5) When yielding does occur, it allows the structure to I continue to deflect under the induced loading with no increase in load being required.. 6) As this structure leans over from the induced loads, it presents a markedly reduced exposure area for the development of wind induced forces. This would result in the lowering of the applied forces and, therefore, the ENGINEERED ENDEAVORS, INC. 8500 Station Street Suite 240 * Mentor, Ohio 44060 Telephone: (216) 974-6060 * Telefax: (216) 974-9238 100' Monopole - Cutchoque, NY EEI Job No. CSONY257 reduction of stresses . and a halting of structure movement. 7) In the event of structure failure, the resulting failure mode will be that the structure will lean and, upon the removal of the applied loads, will not return to a vertical position. Wind induced loads could not conceivably bring the structure to the ground. 8) In Power Structures, Inc. 's 20 years of experience in the tapered tubular steel structure business, they have never experienced nor been made aware of any such structure failing under wind induced loadings. 9) The design and loading assumptions which are used for the analysis of these structures is conservative in nature and would, therefore, make any such structure failure highly improbable. I hope that these comments answer any questions which you might have relative to the anticipated performance of this structure type. However, I will be most happy to answer any other specific questions which you may have. ,, - Sincerely, -- I, Tim6tlhy' J. Goodin , P.E. President TJG/kg cc: Marta Panasiuk, NYNEX Sam Ajaeb, NYNEX 2 APPEALS BOARD MEMBERS SCOTT L.HARRIS ;�,�'`• �`. N Supervisor Gerard P.Goehnnger,Chairman �y � y, 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 &, `e ✓ Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 24 , 1991 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4058 Project/Applicants: 'Nynex 'Mobil,e Communication County Tax Map No. 1000- 96-.1-19. 1 Location of Project: 21855 County Road 48;. Cutcho.gue Relief Requested/,jurisdiction Before This Board in this Project: Monopole radio tower and equipment building. Side and . rear_ yard setbacks . 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 444-4 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. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, , please contact the Office of the . Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr V+ October 16, 1991 TO WHOM IT MAY CONCERN Please be advised that I am the owner of the property located at 21855 County Road 48, Cutchogue, New York designated on the Suffolk County Tax Map as 1000-96-1-19. I have leased a portion of those premises to NYNEX for construction of a communications building and monopole for cellular telephone transmissions. I have additionally authorized and hereby consent to the processing of applications before both the Zoning Board of Appeals and the Planning Board with regard to their utilization of a portion of my property for the aforementioned use. I have been advised that the Zoning Board of Appeals seeks consent for the construction of the monopole from the property owners within the "fall down" area of the monopole. I hereby consent to the said construction and waive consideration of any health or safety concerns as I do not believe any are presented - by the construction. Very truly yours, ARTHUR JUNGE, INC. By f r i;1�f ACT 2 J 1991 ' !PAGE 8' - Appl . No . QAONS/ARTHUR and 4062 NYNE /MOBILE COMMUN V . JUNGE , INC. Hearing Transcript of October 24 , 1991 The Hearing opened at 7 : 52 p .m. The Chairman read the legal notice for the .-,record and application before receiving testimony. CHAIRMAN : We are opening both hearings up in concert of each other. I have a copy of the site plan , several maps , most of which are most re- cently dated in front of us indicating the exact placement of these two structures which are to the rear of the existing and I will refer to it as a commercial building which houses several uses on County Road 48 , approximately two parcels east of the landfill and the rear of which abuts the landfill belonging to the Town of Southold. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area . Who would like to be heard? Ms . Ongioni . MEMBER DINIZIO : -At this time I would like to state that I work for a company that may compete with your business or perhaps even be a partner so as not to compromise the Board ' s decision , I am going to abstain and leave the room . MS . ONGIONI : Good evening Chairperson Goehringer and Board members . I ' m Marie Ongioni with offices at 218 Front Street in Greenport . I represent NYNEX Communication in this application for approval of the variance application before the Board for the sideyard setback and also the rearyard setback . In addition , we are before the Board for a determination as to the requirement of this being categorized as a Special Exception as permitted in the Code or if the project would be exempt from the Special Exception because it qualifies as a telephone exchange . If it does qualify a's a public utility structure and it has the public utility licensing from New York State and all of that has been submitted to the Board , it is our contention that this is , in addition toa- public•. .utility structure; it is a telephone exchange and as such it is a permitted use in the' LJ district , rather than permitted as a Special Exception . I have a representative from NYNEX who will address the Board as to the definition of the telephone exchange in the industry and the fact , in his opinion , this does indeed qualify as a telephone exchange . If the Board concludes that it is a telephone exchange then it will be a permitted use as Special Exception rule would not be needed. Otherwise , in the alternative , I would argue to the Board that it qualifies as a Special Exception- and should be given that status . Before I turn over the presentation to Mr . Sam Ajaeb of NYNEX I have a memorandum which I would like to Submit to the Board . I ' m not going to review the memo in detail with you , I ' m submitting it for the record. It outlines the nature of the variances that are being requested . It covers the legal case law that supports the granting of this variance and also , it briefly outlines the distinction between telephone exchange and Special Exception . CHAIRMAN : Thank you . r � J Page 9 - Appl . Nos . 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR. V . JUNGE , INC. Hearing Transcript of October 24 , 1991 MS . ONGIONI : Does the Board have any questions of me at this time? CHAIRMAN : Well , we ask the -same question when Mobile One came before us in Mattituck . I don ' t mean to be ignorant concerning this but I asked the question at that time and I believe Mr. Smith was repre- senting Mobile One , what is the different functionsof the two companies and I don ' t know if you can answer that question . My question is basically , are you both in competi-ti.on wi.th. .each- ot.her, is there any unanimi ty. betw.e.en .the. .tw.o _of .you . ' MS . ONG.I.ONI : I think Mr.. Ajaeb would be the proper person to answer that. - Mr . Ajaeb of 'NYNEX . CHAIRMAN : How do you do sir. MR. AJAEB : Sam Ajaeb , Manager Real Estate NYNEX Mobile . Chairman , to answer your question : At the time of divesture , it was intended by the Justice Department and the FCC to allow ' the public the " choice of a telephone company in a non-telephone company referred to as a non-wire--_li'ne i to- p-rbvi!de cellular service . NYNEX is the -wire line telephone company. Metro One , they are now known as Cellular ONe , is the non-wire line . There are two choices . We are in the same business , two different companies . CHAIRMAN : So in other words , Metro One would be using NYNEX wires . MR. AJAEB: New York Telephone , yes . In other words , New YOrk and also long distance carriers , possibly AT & T , Sprint or whatever . CHAIRMAN : That answers my question . Thank you . MR. AJAEB : I just wanted to give a brief overview . , I think the Board has an understanding of who we are . We are the cellular subsidiary of NYNEX. New York Telephone is the major subsidiary of NYNEX. What we intend to do here is we are expanding our cellular network to eastern Long Island . This would be a cellular base station , one of about 130 that are in operation now in the metropolitan area , approximately 30 of these base stations are in operation now on Long Island . They consist of a 12 x 26 building with grade storing radio eq.ui pment and 100' monolithic tower. The monol i thi'c: tovrercannot be climbed , it will withstand winds in excess of 150 miles per hour which we have substantiated by the manufacturer . If we have to get to the top we use a cart.. We require 200 amps of service , no other utility. There is no water . We use batteries for backup . The only utility requires telephone and electric power. The question of Exchange if I can and briefly in laymanrs terms , and if you require more details we do have with us . But with the base station is we have a central station or computer in Garden City , Long Islandthat monitors the signal for Page 10 - Appl . Nos . 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR V.. JUNGE , INC. Hearing Transcript of October 24 , 1991 MR. AJAEB : continued our subscribers . This station here , when someone is driving in the area of Cutchogue , as soon as the signal from the proposed station would be stronger than the signal from the station that the automobile is in at that time , this call will then be automatically be switched by our computer and processed to this base station . This base station then picks up the call and processes the call so the immediate area of Cutchogue I can now saysomewhere in the area of three to five miles or possibly eight miles , The processing of their call would be done by this base station in Cutchogue . The building would be alarmed , there would be a fire deterrent system in there especially designed so we would not have any problem with vandalism . If there are any other questions I would be glad to answer them. CHAIRMAN : What does the top of the antenna look like . MR. AJAEB : The top of the antenna is 12 ' equilateral triangle . Its 12 ' and 40" high . There would be two whip antennas that are 10 ' above that , one below. CHAIRMAN : Is there one around here we could look at. MR. AJAEB : I believe there is . We have a number of them here you could look at . CHAIRMAN : There is one over at Grumann Aircraft in Calverton . Is that a NYNEX or is that a Metro One? MR. AJAEB: That is not. a NYNEX . I can give you the dimensions to give you an idea . It`s 36" at ' the. base , 18" at the top with the equilateral triangle at the top . It is designed that way for two, reasons , one , it cannot be climbed , we use an electric cart&for the. wind resistance for the structure . I can provide the Board with some locations if you care to look at some . CHAIRMAN: We would like to look at the closest one around here , if we could . MEMBER VILLA: You said the range is five to eight miles . MR . AJAEB: Depending upon the terrain . Somewhere in that area. MEMBER VILLA: That would mean you have another within five radius miles . MR. AJAEB : Yes , we have stations proposed in Greenport and Shelter Island. If the Board wishes we have some computer runs . 4 Page 11 - Appl . Nos . 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR V . JUNGE , INC . Hearing Transcript of October 24 , 1991 MEMBER VILLA: My concern is how many of these are we going to be looking at all together? MR. AJAEB: I don ' t think you will anymore from NYNEX Mobile in Cutchogue . The only reason we would have to Out more in would be for volume or capacity and we don ' t anticipate . We would like to see it but it is not anticipated that we would require anymore monopoles in Cutchogue . I can pretty well substantiate that sir , MEMBER VILLA : The thing is are .you going to need these every eight miles . MR. AJAEB : I believe this would be out only. . . I have to verify that if we have anymore in Southold . I ' m not completely familiar with the bounderies of Southold but Long Island and especially that it is flat , the volume or capacity isn ' t required so I doubt if there will be more . We can reply to that. CHAIRMAN : What is the approximate cost of this project? MR. AJAEB : The cost , are you talking construction costs . The building is a quality building that cost about $40 ,000. The monopole is something like $60 ,000 and then we have a foundation , we have soil tests done and the foundation is predicated on the soil . The big expense to NYNEX is the radio equipmenand that ' s hundreds of thousands of dollars . I might mention too that we do monitor this from Garden City seven days a week , 24 hours a day and though it is unmanned , by monitoring it:Which is mandated by the FCC , we guarantee that we stay within our range and we can be sure that there will be no interfer.-Ence with anyone else , any other means of communications . I will also offer at this time for any public or municipal use , if the police require or ambulance squad , we will alloy them to use it . We will also take as a condition we have these antennas solely for NYNEX use , we do not rent out tower space to anyone . CHAIRMAN : Thank you. LINDA FLETCHER : May I ask a question . I just wondered do people who now have cellular phones are not able to use them, hear with them , is that correct . They- cannot use them , if they have them on in the car. MR. -AJAEB : That is correct . It' is very spotty. We have one in the company vehicle , very spotty. There is some service but it is very poor. MS . ONGIONI : I ' d like to address the Board on one additional point. You requested an illustration of the fall down area of the pole which we have submitted . You also requested the consent of the adjacent property owners to -that fall down area . I ' ve submitted to the Board Page 12 - Appl . Nos . 4058 and 4062 NYNEX MOBILE .COMMUNICATIONS/ARTHUR V . JUNGE, INC . Hearing Tra script of October 24 , 1991 MS. ONGIONI : . continued the consent of ARthur Junge- who is the owner of the site , the lessor to NYNEX . I also have the consent of Joseph Schoenstein who is an adjacent property owner. I have met with the town attorney and it was brought up to the Town Board on Tuesday and I understand that they are going to be acting on it at its next meeting . However , I do question the appropriateness of the request for the consent of the neighboring property owners . CHAIRMAN : Do you want me to answer that now? Marie ,' this started , there is nothing we do that is mysterious but this started with wind generating towers . Mr . Miller in Laurel had the first wind gnenerating tower in the Town of Southold and of course it dominoed throughout the process . We have had people who have put up all sorts of towers for all -sorts of things and what we more or less wanted them to do is put them in the center of their property and basically , their own fall down area. In this particular case , because you . are limited in reference to the size of the piece of property , that is basically the reason why we ask the question , impose that before the hearing because we wanted you to start working on it because we knew you had at least two or three people that. you had to talk to , one of which is six people , that' s the Town Board so that was basically the reason . MS . ONGIONI : I have a letter which I would like to submit regarding the issue of consent and also the issue of whether those property owners would be restricting the use of their property. I do not believe that it is even legal , constitutional to make that type of request. In that regard I have a submission I would like to make but I only have one copy. This is the letter and this Mr. Schoenstein ' s consent. You have Mr. Ju.nge ' s consent. In practicality and I have attached as Exhibit 6 to the memo submitted earlier , 'a report prepared by an expert in the field which indicates that it is virutally impossible for this monopole to fall down . So the likeli`4iood of that happening is minimal at the most. That is Exhibit 6 on the memo. Does the Board have any other questions . We have an application pending before the Planning Board , the site plan we ' ll do . The site which they refer to , is the same site plan that was submitted to this Board earlier this week. I think it is dated October 18 , 1991 showing the - fall down area. Thank you . CHAIRMAN : Is there anyone else who would like to speak in favor of this application , anybody like to speak against it? My only question of the engineer that might be present isis there any difficulty in possibly noise or any type of filtering' -'devices that would be required of this particular unit. The problem with cablevision , the problem with any communication that would be near this particular tower . Pagge 13 - Appl . Nos . 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR V . JUNGE, INC. Hearing Transcript of October 24 , 1991 PHIL DURANTE : My name is Phil D�rante . I work for NYNEX Mobile also and I ' m a radio frequency engineer. We operate 880 to 894 megahertz which is solely channel frequency the FCC has allocated to us for cellular business . No one else operates in those fre- quencies , just us . You can be rest assured that there will be no interference to any other type of broadcasting station or tv or what have you in the area . CHAIRMAN : Is there any draw from the building at all with blowers running or anything of that nature which would cause anybody a discomfort. PHIL DURANTE : The building that we use is a fire block building , it is virtually soundproof. i� CHAIRMAN : The system that either heats or air conditions that is a compressor system on the exterior of the building. PHIL DURANTE : It is on the exterior of the building . CHAIRMAN : IT wouldn ' t be anymore than a normal compressor noise that would come out of an air conditioning compressor that was placed next to a house? PHIL DURANTE : That .is.:c.vrrect CHAIRMAN : We thank you very much sir. Any other further questions ? MEMBER VILLA: I ' m just looking at your Exhibit 6 here which is the engineering report and it alludes to the fact that the two 8 ' diameter microwave dishes were not installed . Is there going to be two 8 ' diameter microwave dishes ? PHIL DURANTE : I saw this for the first time . We ' re not microwave and we don ' t intend to use microwave. There are no microwave dishes . I believe the intent of that was that if you put microwave dishes that it increa.ses wind loading factor on the tower. We are not , I repeat , not microwave and we are not going to put any . microwave dishes on . CHAIRMAN : Can we strike that from the agreement? I will initial it. PHIL DURANTE : I imagine just determine that if there were microwave dishes it affects the wind loading factor . Page 14 - Appl . Nos. 4058 and 4062 NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Hearing Transcript of October 24, 1991 LINDA KOWALSKI, BOARD ASST: You're referring to Item #3. PHIL DURANTE: Yes. In checking with our real estate people our closest monopole is in Valley Stream, Long Island. However, I think if you want to shorten the trip Rayndex has one in this area which is substantially similiar. CHAIRMAN: That is the one I was referring to since I work in the Brookhaven area. PHIL DURANTE: I don't.want to give them a plug. CHAIRMAN: Let me just ask you a quick question before you sit down. When you say it is spotty at this particular time where would you be drawing from at this time? Would you be drawing from a Connecticut tower at' this .time or are drawing from one .on the south shore. PHIL DURANTE: That is one of the problems we have. Again I can give you in laymans terms- and our engineer would know more details. Our subscribers are getting service or what we refer to as roaming service from SNET and what happens if you are a subscriber roaming charges are more expensive and our subscribers are disappointed that they have to pay the roaming charges. The other thing, Our FCC license requires us at certain times to provide service along the area that we are licensed. Also, the fact that we are a public utility, the Public Service Commission has issued the PCA, their complaints that go to the .Commission also saying that I subscribe to NYNEX why should I have to pay roaming charges. So there are a number of factors.. Naturally when we were building our system we had to logically do the core site before we came to eastern Long Island. CHAIRMAN: Anything else. No. Bob! Not hearing any further questions I make a motion closing the hearing and reserving decision_ until later and we are expecting a determination from the Planning Board and a determination from the Town Board through the attorney. Although we are closing the hearing we are waiting for those two decisions. So there will no decision on this particular application until around the 20th of November and if for any reason it is required for us to reopen the hearing, we will reopen it to take that information and. then close it back again. The decision on this particular hearing will then be held up until early December. That' s when we will be making a determination. We thank you all from NYNEX for coming tonight. It' s been a pleasure meeting you all . ALL IN FAVOR. AYE. MUNICATOI RTHUR V. JUNGE, concerning CO U N'I'Y ()I S U 1:1= remises 100 in.the Light- S'I'A'I'l_ ()I NEW YO1 Ss' Industrial(LI)Zone District arid' is known as 21855 County Road 48,Cutchogue,NY;County Tdk Map No. 1000-96-1-19.1. • ' (A)Appl.no.4058.Varianc Patricia Wood, being duly sworn, says that she is the to the ZoningOrdinance,Arti- Editor, of TFIE l-ONG ISLAND TRAVELER-WA•raiMAN, cleXIV,Section100-142forper- ;t public newspaper printed at Southold, in Suffolk County' mission to construct monopole Lequipment-storage dio tower and accessory arl(I that the notice of which the annexed is a printed copy, building with It,tti I)een ,published in said Long Island I'ravelei•Walcin);irt sufficient side and rear yard once c;i c h week for , • , , tbacks. . . . . . . . �. . . . weeks (B) Appl. No. 4062. Special Exception to the Zoning Or- SuccCSsively, Co111r11CnCing or, the /7 dinance, Article XIV, Section . . . . . . . . . . 100-141B(1) for permission` to cla y o l' O.C.t O b z establish public utility use and „ • • • • • • •r construct monopole radio tower and accessory equipment- storage building. 7:45 p.m. Appl. No. 4061= EDWARD T.ROUSE.Variance NOTICE OF HEARINGS to the Zoning Ordinance, Arti- cle XXVIII, Section 100-281, I 7 NOTICE IS HEREBY GIV- and Article 11IA, Sectione Sworn l c r before tile this , , , , , , EN,pursuant to Section 267 of 100-30A.3., Bulk Schedule, fo1`c`' The Town Law and the Code of approval of insufficient lot area October the Town of Southold, the and width of two parcels, each 19 91 following matters will be held with a preexisting single-family for public hearings before the dwelling. Location of Property: SOUTHOLD TOWN BOARD Corner of Sterling Place and OF APPEALS at the Southold Champlin Place, Greenport, p Town Hall, 53095 Main Road, NY; Lot Nos. 60, 61 and 62 on A , v Southold, NY 11971, on the Map of John G. Champlin L ' ' ' • • • THURSDAY, OCTOBER 24, filed in the Suffolk County . Notary Public 1991, commencing at the times Clerk's Office as Map No.337; BARBARA A. SCHNEIDER specified below: County Tax Map Parcel No. NOTARY PUBLIC, St-te of New York 7:30 p.m. Appl. No. 4060- 1000-34-3-28. No. 4806846 ANTHONY C. MEISEL. ' 7:50 P.M. Appl. No. 4028- Qualiliccl in Suffolk Cot my Variance to the Zoning Or- RICHARD AND -LISA Commission Expires�)j l dinance, Article III, Section OLIVERI.(Amended)Variance 100-30A.3 and Article XXIV, to the Zoning Ordinance,Arti- Section 100-244,for permission cle XXIII,Section 100-239.4 for to construct open deck addition permission to locate new dwell-. (to existing dwelling)with an in- ing,inclusive of deck and steps sufficient frontyard setback: areas,with a setback at less than The lot area is nonconforming 75 feet from the landward edge in this R-40 .Low-Density, of the freshwater wetland.Loca- Residential. 1275 Fanning Roa&," tion of Property: Westerly side New Suffolk, NY, County Tax of Crescent Avenue, Fishers. Map District 1000,Section 117, Island, NY, County Tax Map Block 4, Lot 30. No. 1000-006-06-20.5, contain- 7:33 p.m. Appl. No. 4059- ing 2.5 acres. DOROTHY F. CAREY. IThe Board of Appeals will at Variance to the Zoning Or- said time and place hear any and dinance, Article III, Section all persons or representatives 100-32 for permission to con- desiring to be heard in each of struct proposed addition and the above matters.Written com- deck with insufficient frontyard ments may also be submitted wetbacks. The subject parcel is prior to the conclusion of the :known as Lot 7 on the Map of I subject hearing. Each hearing �dgemere Park,is substandard will not start before the times .n size,and is located in the R-401 designated. For more informa-.. ?one District.Location of Pro- tion, please call...765-1809. )erty Corner of Edgemere I Dated: October 11,' 1991 -kvenue and McDonald's Cross- BY ORDER OF THE ng, Laurel, NY; County Tax' SOUTHOLD TOWN Aap No. 1000-128-6-20. BOARD OF APPEALS GERARD P. GOEHRINGER 7:35 p.m. Applications of I CHAIRMAN t IYNEX MOBILE COM- By: Linda Kowalski 1X-10/17/91(50) Ca IONS/ARHURV. JUNGE, INC. oncerning premises located in the ight-Indust ial LI one District n8d is known as 21855 County Road W ,Cutchogue,NY;County Tax Map STATE OF NEW YORK) No.1000-96 1-19.1. (A)Appl.No.4058.Variancb )SS: the Zoning Ordinance,Article X COUNTY OF SUFFOLK) Section 100-142 for permissionconstruct monopole radio tozand accessory equipment-stor (,[ TQfbuilding with insufficient-side of Mattituck, In r yard setbacks. Said County, being duly sworn,says that he/she Is Principal (B) Appl. No. 4062. Special Clerk of THE SUFFOLK TIMES a Weekly News Exception to the Zoning Ordi- � y paper i nance, Article XIV,Section 100- published at Mattituck, in the Town of Southold, County of 141B(1)for permission to establish r public utility use and construct Suffolk and State of New York,and that the Notice of which monopole radio tower and accesso- �o the annexed is a printed copy,has been regularly published in ryequipment-storage but. said Newspaper once h week for / (4)7:45!p.m. Appl. No. each 4061 Weeks/ EDWARD IT. ROUSE. Variance to successively, commencing on the �— day of the Zoning Ordinance,Article XXVI- /�1 19 _ II,Section 00-281,and Article IIIA; tS� NOTICE OF HEARINGS Section 100-30A.3,Bulk Schedule, NOTICE IS HEREBY GIVEN, for approval of insufficient lot area ursuant to Section 267 of the Town and width of two parcels,each with a - P preexisting single-family dwelling. , Law and the Code of the Town of Location of Property:Comer of Ster- Southold, the following matters will ling place and Champlin Place, be held for public hearings before the Grccnport,NY; Lot Nos.60,61 and Principal SOUT11OLD TOWN BOARD OF, 62 on the Map of John G.Champlin p Clerk APPEALS at the Southold Town filed in the Suffolk County Clerk's Hall, 53095 Main Road, Southold, Office as Map No. 337; County Tax NY 11971,on T IURSDAY.OCTO- Map Parcel No.1000-34-3-28. ✓y BER 24, 199L commencing at the (5)7:50 p.m. Appl. No. 4028—, SWom to before me this l/ times specified below: RICHARD AND LISA OLIVERI. (1)7:30 p.m.Appl. No. 4060— (Amended)Variance to the Zoning day o ( 19 q/ ANTHONY C.MEISEL Variance to Ordinance, Article XXIII, Section �U �w� T1. &'� the Zoning Ordinance, Article III, 100-239.4 for permission to locate) D& Section 100-30A.3 and Article XXIV, new dwelling, inclusive of deck and Section 100-244, for permission to steps areas,with a setback at less than � ,64530�•' ;' construct open deck addition to 75 feet from the landward edge of the existing dwelling)with an insufficient freshwater wetland.Location of Prop- CZYl1 frontyard setback.The lot area is non-,_ erty: Westerly Side of Crescent conforming in this R-40 Low-Density Avenue, Fishers Island, NY; County Residential.1275 Fanning Road,New Tax Map No. 1000-006-06-20.5,con- Suffolk, NY; County Tax Map Dis- taining 2.5 acres. trict 1000,Section 117, Block 4, Lot The Board of Appeals will at said 30. time and place hear any and all per- (2)7:33 p.m. Appl. No.4059— sons or representatives desiring to be DOROTHY F.CAREY. Variance to heard in the above matters. Written the Zoning Ordinance, Article III, comments may also be submitted Section 100-32 for permission to con- prior to the conclusion of the subject struct proposed addition and deck hearing. Each hearing will not start with insufficient frontyard setbacks. before the times designated.For more The subject parcel is known as Lot 7 information,please call 765-1809. --�� on the Map of Edgemcre Park,is sub- Dated:October 11,1991. standard in size,and is located in the BY ORDER OF TIIE SOUTIIOLD R-40 Zone District.Location of Prop- TOWN BOARD OF APPEALS crty:Comer of Edgemcre Avenue and GERARD P.GOEIIRINGER McDonald's Crossing, Laurel, NY; CHAIRMAN County Tax Map No.1000-128-6-20. By Linda Kowalski (3) 7:35 p.m. Applications of 7178-IT017 �NYNEX MOBILE COMMUNICA), — 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 id 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 -SUFFDLV-GC. 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WEALTtl.DEPI A?'PI`s &WAL- 1+ 1 i i OF i cvGLDh:E FFr:�-F- P—t'1^P MONOPOLEA P' PER 1 2ADIC BUILDING Lo V°' BLAcicroP v+W- , I _ CJ 7 CHOGUE Q _ Unnk en.-ark dr7eon Q•ddkbn ' b 1Rn off"+•bF•."I., .of becvn .r ra Ww Yak Bat[ �. rdootion taw. 3O %'L-E:7 ME:-AL 5_:.G. ( Cb im&this VWVWWWOn .�lnC the yna ppverdt i.re6•wt a i/ } .rneacwc se+,gverra a aawer•a - /�-+.---ice 12:- IL' I Ow•m+•r^'6ee1.d h•,•on ohm$ran.' � � 1 • i vd1�m Or D�+sOn for N,om L!q carat is prgwr.4 and an in bwhW tOVIS 3 4.3 tNp rd np.nY:OONAaIIMOb tDefK7•ad 1 rw.a.Tj nra.rw,WMO rwtwn•n0 l TgMIG . wv'•w of the br+diro�-- _ �P�OL �`, o �/ noon.Gwr+e¢w are rat aen>dndi �z+ to b.Oaamh.bodasbn.a WAOSWAPSLn • . cwrwm I wasr►.b+a ?v3:35 cc�v� �EA�4,5BQ.5.F.. —OW4.'M =5 LANE �F V tas � 1r 1'jNP1�'lPNDF�=FEB.Ld.�989 6EPT.410199. TZG - MIDDLE :•R.dE Q0A j GUA.-ZAN7 EEG 0 F.07— F02V SW4 T�135T GQ: BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NYNEX MOBILE COMMUNICATIONS CO . NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr . Joseph Schoenstein 305 Leeward Drive Southold , N. Y . 11971 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 (Variance) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: A building complex with commercial and/or business enterprises . 3. That the property which is the subject of such Petition is located in the following zoning district: Light Industrial (L . I . ) 4. That by such Petition, the undersigned will request the following relief: a variance from the real and side yard set-backs . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XIV Section 100-142 [ ] Section 280-A, New York Town Law for approval of access over right(s)-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 examine the same during regular office hours. (516) 7d5-1809. 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: September 6 , 1991 4 y Petitione AM A E Lessee KHK94ames : N EX Communications Co _ Post Office Address cA Marie Ongioni, Esq. 218 Front Street, P. 0. Box 562 Greenport, New York 11944 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Janet Boyle residing at 535 Second St. , Greenport, N. Y. . being duly sworn, deposes and says that on the 12th day of September , 19 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 Greenport, N. Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 12th JANETOYLE day of Se to er , 1 1 6" 01/A4& Notary Public CARMEL,A L BORREW Notary Public,State of New York No4526699 Oual i ified n Suffolk County Commission Expires January 31,1991 (This side does not have to be completed on form transmitted to adjoining property owners . ) � t BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NYNEX MOBILE COMMUNICATIONS CO . NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Town of Southold Village Clerk 53095 Main Road Southold , N. Y. 11971 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 (Variance) (S,pr6itlAM1tPJk J5peximhc8=wi4},x( [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: A building complex with commercial and/or business enterprises . 3. That the property which is the subject of such Petition is located in the following zoning district: Light Industrial (L. I . ) 4. That by such Petition, the undersigned will request the following relief: a variance from the real and side yard set—backs . 5. That the provisions of the Southold 'own Zoning Code ,applicable to the relief sought by the under- signed are Article XIV Section 100-142 _ [ ] Section 280-A, New York Town Law for approval of access over right(s)-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 examine the same during regular office hours. (516) 765-1809. 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: September 6 , 1991 y Petitioner SAM AJAE � Lessee OHM' Name s : NYNE X Communications Co Post Office Address c/o__Marie Ongioni, Esq. 218 Front Street, P. 0. Box 562 Greenport, New York 11944 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS i I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.. JANET BOYLE residing at 535 Second Street , Greenport , New York being duly sworn, deposes and says that on the t day of September , 19 91 , deponent mailed a true c��opy 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 Greenport , N. Y . ; that said Notices were mailed to each of said persons by (certified) (registered)-mail. C, JANE ' BOYLE Sworn to before me this 12 day o Se p t m�, Il A _ I Notary Public j I CARMELA L BORRELLI Notary Public,State of New York No.4526699 Qualified in Suffolk County Commission Expires January 31,18� i ( This side does not have to be completed on form' transmitted to adjoining property owners . ) V r Copies of legal notice for the October 24, 1991 hearings were mailed to the following 10/15/91 Mr. Anthony C. Meisel 227 Park Avenue Hoboken, NJ 07030 Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Mr. Edward T. Rouse 715 First Street Greenport, NY 11944 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Stephen B. Latham, Esq. (Attorney for R. Pyle) 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Pamela K. Phillips, Esq. Leboeuf Lamb Leiby & Macrae 520 Madison Avenue 28th Floor New York, NY 10022 Marie D. Ongioni, Esq. (Re: NYNEX Mobile) 218 Front Street P.O. Box 562 Greenport, NY 11944 I I o T Town Hall, 53095 Main Road ,�,• O� P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY 1 TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4058, NYNEX MOBILE-COMMUNICATIONS COMPANY DATED: SEPTEMBER 16, 1991 Transmitted is application for variance submitted by Marie Ongioni, on behalf of NYNEX Mobile Communication .Company, together with Southold Town Building Department Notice of Disapproval, Notice to Adjacent Property Owners, Short Environmental Assessment Form, Southold Town Building Department Certificate of Occupancy, Map of property of Arthur V. Junge, Inc., Diagram showing materials to be used, Application for Building Permit to Southold Town Building Department, Proposed Site Plan and Details, Site Layout and Building Foundation, Monopole Foundation and Details, Grounding Layout and details, Boring Logs and Miscellaneous Details. MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516)477-2048 FAX(516) 477-8919 September 11, 1991 Gerard P. Goehringer, Chairman Zoning Board of Appeals Southold Town Hall 53095 Main Street Southold, New York 11971 Re: NYNEX Mobile Communications Company Application for a Variance Set-Back Requirement, Article XIV, Sec. 100-142 Dear Mr. Goehringer: Enclosed herewith please find my clients application for a variance as captioned above. Also enclosed are the following documents: 1. Copies of the Notice to Adjoining Property Owner (3) with certified mail receipts attached. 2 . A completed short environmental assessment form. 3 . Copies of the two current certificates of occupancy issued for this property. 4 . Four copies of the survey showing the existing and proposed structures. 5. One copy of a construction plan for similar structures (building and monopole) . 6. My check for 6.00 to cover the filing fee. For your information I have filed an application for site plan approval with the Planning Board simultaneously with the filing of this application. Very truly yours, f� Gtt-t MARIE ONGION MO/jb Enclosures FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17295 Date SEPT. 13, 1988 THIS CERTIFIES that the building 'ELECTRIC SHOP Location of Property 22355 CTY RD. #48 CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 096 Block 01 Lot 19.1 Subdivision XX Filed Map No. XX Lot No. XX conforms substantially to the Application for Building Permit heretofore filed in this office dated FEB. 7, 1987 pursuant to which Building Permit No. 16755Z dated MAY 27, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ELECTRIC SHOP AS APPLIED FOR. The certificate is issued to ARTHUR V. JUNGE (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N026184 AUG. 5, 1988 PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18981 Date APRIL 23, 1990 THIS CERTIFIES that the building ALTERATION Location of Property 21a55q COUNTY ROAD #48 CUTCHOGUE N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 96 Block 01 Lot 19 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 18, 1989 Pursuant to which Building Permit No. i8708--Z dated DECEMBER 28, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is INSTALL WHOLESALE BAKERY & FOOD PROCESSING FACILITY IN •AN EXISTING LIGHT INDUSTIRAL BUILDING AS APPLIED FOR. The certificate is issued to LOCAL TALENT INC. (lessee ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - APRIL 16, 1990 PLUMBERS CERTIFICATION DATED APRIL 18, 1990-PECONIC PLUMBING & HEATING t Building Inspector Rev. 1/81 i i i i I. IV `77 77A /0� SEP 16 1991 i ` TOWN OF SOUTH OLD, NEW 1AR# E�' "` g '7 '� © R C — APPEAL FROM (DECISION OF BUILDING INSPECTOR q �gg� APPEAL NO. O DATE .. TO THE ZONING BOARD OF APPEALS, TOWN OF Soujmmf�ls�A? roGie4 1, ( j0X,,,,,NYNEX MOBILE„CQ IC T�O�TS,,,....Of ,,,,C/- -A R�;E.-on �Q I,,,, ,SQ;�„218„FRONT„STREET Name of Appellant Street and Number G r e e n p o r t . N. Y. .........HEREBY APPEAL TO ................................................................... ................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .......July , 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO NYNEX Mobile Communications ................................................................................. Name of Applicant for permit of 2000 Corporate Dr . Orangeburg , N: Y . ..10962�2624 .... ..... . .... . . .... ..... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) BUILDING PERMIT 1. LOCATION OF THE PROPERTY ..21.855 County Rd . 48 , Cutchogue , N. Y . fy .. /'/ Street /Hamlet / Use District on Zoning no Map District 1000 Section 96 Block 1Lot 19 Arthur V ...........................................:......... ... ................Clurrent Owner Junge , Inc . lvlap No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XIV Section 100-142 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 Jit' 4. PREVIOUS APPEAL A previous appeal (shwas-not)' been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( V) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance 100-142 is requested for the reason that the proposed structure and its location do not meet the side an"d rear yard set-back requirements and variances are required for both. Fomn zB1 (Continue on other side) ' a f't:�.. a li•.L�r:!h•�F..�ia.4:.ti. .... .. REASON FOR APPEALf, �, Continued 1. STRICT APPLICATION OF; THE-ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the site has a building and parking area already in existence and Vp'laa'�emein.t:;;,o{f. -the requested building and monopole to comply with the set-back requirements is either impossible because of existing structures or would require destruction of an existing pre- viously approved site- plan. Additionally , the owner has entered into a lease agreement for this particular location for the placement of the building and monopole. 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 of a pre-existing structure and the small amount of area required to fulfill the applicant ' s needs . 'Additionally , the requested structure is unique in that it is the only method of transmitting communications for a cellular mobile communica- tions system. The increased usage of cellular telephones by the public requires the installation of proportionately spaced radio antennas to fulfill a public utilities obligation to respond to the needs and . demands of the. public at large . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the structure is a permitted use in L. I . district ; the site is surrounded by commercial and/or agricultural uses and will not interfere with or be aesthetically incompatable with those uses . J STATE OF NEW YORK ) ) ss ...... ... ... .. ......................................... COUNTY OF SUFFOLK) ignature Swornto this ...................� ... .... .. �............. ................ 19 ............ .................................. Notary Public CARMEIA L BORRELU Notary Public,State of New Ycrk No.4B26699 Qualified In Suffolk CouMy Commission Expires January 31,19 SOWN OF SOUTHOLD, NEW YOR.;; APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO ...t�..�/. _DATE .�..'cL��........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, mox..... .......of ....Q/Q..MARjB..Q�`]G�� ....�rSQs�..218„FRONT„STREET Name of Appellant Street and Number G r e e n p o r t .... .. N. Y............HEREBY APPEAL TO ..... ...... ..... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .......July , 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO NYNEX Mobile Communications ................................................................................. Name of Applicant for permit of 2000 Corporate Dr Orangeburg : N Y . 10962-2.624 ... ..... .... . .... ....... . ....... . . ..... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) BUILDING PERMIT 1. LOCATION OF THE PROPERTY ..21855 County Rd . 48 , Cutchogue , N. Y . ........................... .................................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 96 Block 1Lot 19 1 Arthur V . Junge 'Current Owner Inc . . Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XIV Section 100-142 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ts)r (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 100-142 is requested for the reason that the proposed structure and its location do not meet the side and rear yard set—back requirements and variances are required for both . 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 the site has a building and parking area already in existence and placement of the requested building and monopole to comply with the set-back requirements is either impossible because of existing structures or would require destruction of an existing pre- viously approved site plan. Additionally , the owner has entered into a lease agreement for this particular location for the placement of the building and monopole . 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 of a pre-existing structure and the small amount of area required to fulfill the applicant ' s needs . Additionally , the requested structure is unique in that it is the only method of transmitting communications for a cellular mobile communica- tions system. The increased usage of cellular telephones by the public requires the installation of proportionately spaced radio antennas to fulfill a public utilities obligation to respond to the needs and demands of the public at large . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the structure is a permitted use in L . I . district ; the site is surrounded by commercial and/or agricultural uses and will not interfere with or be aesthetically . incompatable with those uses . r STATE OF NEW YORK ) I ss ... COUNTY OF SUFFOLK) ig ature Sworn to this ................... ............... 19 ........................... day of................... .................... ..... ................. Notary Public CARMEIA L SORREW Notary Public,State of New York No.4b28899 Qualified in Suffolk County Commission Expires January 31,19 3 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NYNEX MOBILE COMMUNICATIONS CO . NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Nathan Harris and Wife Box 462 Cutchogue , N. Y. 11935 YOU ARE HEREBY GIVEN NOTICE: e 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) xK)OI [circle choice] 4 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: - A building complex with commercial and/or business enterprises . 3. That the property which is the subject of such Petition is located in the following zoning district: Light Industrial (L . I . ) 4. That by such Petition, the undersigned will request the following relief: a variance from the r real and side yard set-backs . 5. That the provisions of the Southold 'Town Zoning Code applicable to the relief sought by the under- signed are Article XIV Section 100-142 _ [ ] Section 280-A, New York Town Law for approval of access over right(s)-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 examine the same during regular office hours. (516) 765-1809. 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: September 6 , 1991 By Petitioner SAM AJAE Lessee HUM ' Names : NYNEX Communications Co Post Office Address c/o Marie Ongioni, Esq. 218 Front Street, P. 0. Box 562 Greenport-, New York 11944 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS d I I 't 1 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Janet Boyle residingat 535 Second Street , .Greenport , ew or being duly sworn, deposes and says that on the 12thday of', September , 19 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 Greenport , N. Y.: ; that said Notices were mailed to each of said persons by (certified) (registered) mail. JANE BOYLE Sworn to before me this 12 day of September 19 91 Notary Public I CARMEI.A L OMRELU Notary Public,Stets of:New 1a No.4526699 'Qtielified In Suffolk CounW Commission Expires January 31,1993 (This side does not have to be completed on form transmitted to adjoining property owners . ) I J c......... t k I I MAY 11 FOR PARCEL NO.SEE SEQ LINE NO 084.D4.01!. PITCH SEE SIC NO 054 LINE 61­114 Z. WATC8 FDA PARCEL NO SEE SEC NO D84-D4-006.1 LINE SEE CIA Is I FWNCII z SEE SEC.-0A4 04-001 co ,o ol oz 0 If may. "'0 A 05 To, .110 • �4# '4 o % A -r 4 c 4, ce-V Rr 44 PEACICEL NO. 1.'.To11L'1-1"1II 'TWA. S I I NO I o,4 RAW, FOR P ­E&SEC NO FOR PARCEL N FOR PAnCEL NO, N)1 -002.3 SEE SEC NO IDT-0-21.1 5 '02-023 -FOR PARCEL NO SEE !�CFL N SEE SEC NO EE SEC ND,102 AT I Z L'N E__Z SIC-102-01-00EA A T C NO lot LINE SEE SEC NO 102 .211.7111.=.111111 1:11"UZ1. 1.9.nd KE,RAP COUNTY F­SUFFOLK TOWN OF SOUTHOLD T-N!-0— TC:-ILL,- "I,,,"L­ F, H,4- I.- L. I 1 0 D L­ I.N I.- Real Property Tax Service Agency YAILILE OF -LE IN FEE T Cmfy C.m., 096 DIS RICT NO P: P'Z`.'_ !_1000 D L- L L,Now York D­.1 C­­­ PROPERTY MAP - - L�T 26.3 N/F PIETREWICZ .. ` --�.� A 50 WATT-INCANDESCENT LAMP OVER •DOORWAY`STOOP - CUT OFF REFLECTOR ' TO Bt%ijNSTALLED TO 100 ` R FROM MONOPOLE CENTER S 11p� SHIELD LIGHT FROM S ILLING `\°� ONTO ADJACENT` PROPFRTY. �� Q.-PARKING CALCULATIONS ' �♦ EXISTING BUILDING 40 ' X 100 ' = 4.000 S . F . LOT ZO.t PROPOSED RADIO EQUIPMENT BUILDING ( 12 ' X 26 ' ) = 312 S.F . OVERHEAD UTILITY LIINJES� NSF GRAY y . \ EXISTING BUILDING USE rrNG EXIS \5rOCKADE FENCE R., ♦ \ i MECHANICAL CONTRACTOR ' S BUSINESS 1.600 S"F / 1 \ CATERER 1 , 200 S•F • / \ E.YISTING TWEE LINE REPAIR GARAGE = I . 200 S •F \ LILCC! (TYP) , - / WELL HEAD — " 3560-42'-3O PP# 4CJ . ...�...�..,� PROPOSED BUILDING USE_ K I 4 t 28•t --•�.._ — A Ai UNMANNED EQUIPMENT SHELTER = 312 S.F . :. • ;-•ti,; — ( PROPOSED 4 WIDE PAINTED. `26 .`I6 � � :;,�:;. •' Eb. YELLOW. LINES ( SHELTER REQUIRES INFREQUENT EQUIPMENT V s MAINTENANCE VISTS . APPROXIMATELY i VIST PER MONTH 1 a ' :r::f• .PO' SIDE YARD 5 i ': . .• :_: " , CK PARKING tSPACE REQUIREMENTS PER USE `' I f• , ' I I 1 ' MECHANICAL CONTRACTOR ' S BUSINESS = I SPACE/EMPLOYEE PLUS 2 SPACES { 1100 ( 4 - DELINEATED PARKING SPACES oRY We _ '' •''' �. 14 . - IO ' X2O ' CATERER I SPACE/EMPLOYEE PLUS 2 SPACES fY - NON-DELINEATED 1 REPAIR GARAGE PARKING SPACES = 4 SPACES/BAY PLUS I SPACE/EMPLOYEE ipp. u I ' LIGHT INDUSTRIAL USES = GREATER OF I SPACE/EMPLOYEE OR 5• 'W..E ao I BLOCK t I SPACE/500 S . F. rsI s l LOT t9.I 1 REQUIRED PARKING SPACES , -MECHANICAL CONTRACTORt S = 5 EMPLOYEES X 1 SPACE/EMPLOYEE _ 5 O TIMBER. CUQB*I "-- � + 2 SPACES 2 \ p ' WELL 0 O �, I ap I 0 d' CATERER, 2` EMPLOYEES X I SPACE/EMPLOYEE = 2 4 /)` N 1 Qc- L + 2 SPACES = 2 H. COVER (T) P.) - REPAIR GARAGE_ I BAY X 4 SPACES/BAY - 4 \\ °I I I P `� 1 +2 EMPLOYEES X I SPACE/EMPLOYEE- 2 \ I ; �\ e t t r �� \ vI M •.� EQUIPMENT SHELTER , fl . EMPLOYEE X I SPACE/EMPLOYEECIL all, 1 f �� t i� : o TOTAL REQUIRED PARKING SPACES. = 18 = P STANDARD 2 � s I .•f�� (� ASPHALT � ;.STA D STALL 10 X O PAvEMENT� PARKING SPACES f3ROV1DED , 16 T C�?MICRE rE C B VI ;`HANDICAPPED :.STALLS 12.5 X 20 ' = T 2 PARKING SPACES PRO DED EDGE OF PAV'r(rYP.) a- . . ' O � = 18 , j I EXrSrrNG TOTAL PARKING SPACES PROVIDED LOT /7.3 . . N/F TOWN 1 O OF 50UTHOLO r, r�.` I OrRr, ' ' --% .-� ( 1 .-- PROPAVE TAAte5 r ` —' Ali UNrr N600=54'-20"W 252.681 - rk W5FORMER EXr5rrNG 4PEIPTY LIME (r'YP) ~;� LILCO TREE LrNE (TYP.) 4.':/ ru PP#42o � \ OVERHEAD TELCO—•�,' ` } ELECTRIC METER CEM'ER 4 1 UNDERGROUND ELECT. R I LOT 18.1 N/F HARRIS PROPOSED SITE PLAN WITH PARKING " SCALE 1 "=20 ' d d NW A NOTE � N r 80ARD SURVEY INFORMATION BASED `ON MAP OF PLANT MATERIALS u , ty PROPERTY SURVEYED FOR ARTHUR V. JUNGE. INC• PREPARED BY RODERICK VAN TUYL. L'• S . KEY GTY. SCIENTIFIC NAME COMMON NAME, SIZE/ROOT SPACING ON 0 NO. 25626 DATED 9/23/88 AND LAST : a REVISED 2/14/89• s, •PS 13 PINUS STROBIFURMIS 'MEXICAN BORDER PINE 5'-6'/B+B 10'. O.C. " 6 PINUS NIGRA AUSTR'IAN PINE 5'-6'/B+B 10' O.C. fi SITE DATA , z LOT 19. I BLOCK I MOBILE COMMUNICATIONS S•C .T.M• NO. 1000-098-i-19 4 PINUS MONTANA MUGHUS MUGHO PINE 18"-24"/B+B 6' COMMUNICATIONS COMPANY I .� MIDDLE ROAD ( COUNTY .ROUTE 48 ) . . z CUTCHOGUE . TOWN OF SOUTHOLD. NEW YORK: QQ J ` &NOTES Ps MAY BE SUPLEMENTED WITH (PICEA PUNGERSS COLORADO BLUE SPRUCE) e n. LOT AREA = 45. 589 S . F.S • F. = 1 .04 AC•t - � DEPENDING ON THE AVAILABILITY OF PLANT MATERIALS AT IMPLEMENTATION: CUTCHOGUE SITE SITE PLAN . EXHIBIT U) ZONE DATA LI LIGHT INDUSTRIAL ' M'Prt COUNTY ROUTE 48 . TOWN OF 'SOUTHOLD o REQUIRED PROVIDED SUFFOLK COUNTY. NEW YORK p LOT SIZE 40.000" 'SF' 45, 589 SF . ;1 j LOT WIDTH 100 168t ® ; ^ LOT DEPTH 150 252f ' ��• )'® DATE OCTOBER 18. 1991 °G FRONT YARD 50 75t �' Ro Tq !� o t: EDWARDS `��P AS SHOWN SIDE YARD 20 14 SCALE BOTH SIDE YARD 45 174t• to aolm ee�lec o r :,: ° z REAR YARD . 70 24t• 92-8012 :) �► ! ; DWG NO � SETBACKS FOR PROPOSED NYNEX .RADIO ;EQUIPMENT- : •' Q II/19/91 REVISED PER PLANNING BOARD COMMENTS � Z ''BUILDING 1 HARD `�� °6 � a GEL P N0 . . 066987 - 1 . _ REV.. .NO. DATE DESCRIPTION � � aFES��� . SHEET I OF REVISIONS INIT. REV DESCRIPTION DATE APPROVED [P �. ., x • _` ; •., : _ ' - - ' - , , _ - INITIAL ISSUE s/9� C• 1..�,.�rS, ' sD 00 000 HVAC, ' EMERGENCY POWER PENETRATION WAVEGUIDE ENTRY TYP. 3 PLACES �. M GROUND EXIT HATCH PLATE ' TYP. 3 PLACES SERVICE ENTRY r —1 :f I I ; L _ J L + J . 0 O O O O }' p p .. O I I I I I I , y � ELEVATION B ELEVATION D 13 --1 1 2 1 1 q'. 7 • �Mr,- �� � 1. ' y !q: FRONT n . F C RCF 2 I RCf 1 I RCf O I R/F 0 R/F 1 L —I_ o .J i 30 I B A c0 CV C #. EXTERIOR—LIGHT 8 00000 _ 6 ply r- - - -- - , �^- --�—P80� in' L BATTERY STAND J ACT. 2CT. 11 13 -1 1/2" 161 6 NOV 2 1 1991 . 25'-0" TOWN TM EXHAUST 26,-0„ Pin NI ;. HOOD INTAKE . , . : V . .. ... ,. . .. . . .. . '. p HOOD , } i— 4N w4 HVAC " . ......_ ......._ __.._..... .__.....:_.r ,..•.._ DRAVijN AP, Ej 'PROVED [-,5 NOTED j I I C� N` A 0 V E D ;ErUI�zEo ' RADIO EQUIPMENT FLOOR PLAN C�Ei U�%N1 '?;•�E SIG"���L} Ct3F"Y TIE DOWN AS REQUIRED 1/4" = 1'-0" = NOTE: SHE!_I�EP f.'i=-I IVERY SCi;EP ► r IS --- — BY OTHERS nErt"ri ;;ilNFD BY THE DAT- -: ul# I . RECEIPT O APPROVALD;IA'�%1F.vS A I I I ( FOUNDATION BY OTHERS AVON D. FREGI DATE 2 2 1 ANDREW CORPORATION I I I I I I I I A / 5/9005:: z�ot Ma Rood ; QYALITY EHCR DATE Dr+ton, Yx Us.A 76105 ��mnm OEV FAX;81i (301_e1s68 2400 I I I PROCESS ENGR DATE i. PROJECT ENGR DATE EXTERIOR ELEVATIONS C. LENS 2/25/91 � ELEVATION O • � ELEVATION A � CHEI](ED DATE NYNEX TOLERANCE: Sl CSM NO. DRAWING NUMBER NOTICE: These drawings and speditcotions are the property of ANDREW CORPORATION. AU Informotion contained heroin .filch h not (mown generally In the held of ANDREW shall be confidential except to any extent to which It Is ealoNl0ed to have been known previously from D F C S 1 2 2 6— 6— 9 a sources other than ANDREW. These drawings and specilkatlons may not be reproduced, copied or used os the bash for the manufoctwe UNLESS OTHERWISE SPECIFIED = oor sale o/ �porotva without written permission. DIMENSIONS ARE IN W04ES (MM) SCALE 1 /2.,_A ' PLOT SCALE SHEET OF u � N I .5-12 4 4 : 3 2 8 7, . 6 5 K 4