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HomeMy WebLinkAbout4022 I-/9r 23 9.a-c JJ - 6 SL &Jf �/EL1r�ecls+/ram /E-!. La, �/e/a e'7E-ireo yJrvc � ' Niyy�iuNCJ �:LG�oa!<=1c�.y.�.l3Tior✓S �U�L,J.�� l+/tii/ /a5t' �-lo�vo/�oLr- r9,+sTE�vvfa _�2,ve.e.rcr��c:ax•2• z,�:/mp �-Gn-mot a�k � ����`�'� 110 r APPEALS BOARD MEMBERS SCOTT L.HARRIS �'r x r ` t: '� Supervisor Gerard P.Goehringer,Chairman ® x . b •� �, Town Hall 53095 Main Road Serge Doyen,Jr. ti , ' ,� � � P.O.Box 1179 James Dinizio,Jr. j ,� 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. 4022SE. CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) , and Article III, Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio: tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Westerly side of Elijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map 8937; Parcel #1000-108-4-11.1 (part of 11) . WHEREAS, action was taken, after proper notice and public hearing, by the Board of Appeals on July 25, 1991 denying the applicant's request for a Special Exception under the "public right-of-way" provision of the residential zone district, and due to impropriety of the selection of the zone district as it relates to residential uses; WHEREAS, an Article 78 proceeding was commenced seeking to reverse and annul the Board's denial of the Special Exception; and on May 28, 1992, a true copy of the court judgment..decided by Justice Robert W. Doyle reversing the Board' s decision was delivered; and WHEREAS, the time for the Town to appeal this Court decision, as requested, has passed; and WHEREAS, the public utility installations are essential for providing services to the public interest devoting its property and its right-of-way to such public use and service and stands ready to serve all the public; WHEREAS, the public utility company has guaranteed the Town and the unrestricted public of its telecommunications services to the public, NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for telecommunication use for utility services directly for public use, as applied under Appl. No. 4022, and re-confirmed at the Board's July 29, 1992 meeting, be and- hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: r' '. Page 2 - Appl. No. 22 Cellular Telephone tuietro One) - August 18, 1992 1. . The height of the proposed accessory monopole radio tower shall not exceed 100 feet, as requested; 2. The fall-down radius of the tower shall be as submitted, with the following setback distances: a) 95 feet from the proposed tower to the northerly property line; b) 70 feet+- from the proposed tower to the southerly property line; I . c) 69 feet from the rear wall of the accessory one-story block building. 3 . Any future expansion for the storagelof the telecommunications equipment to areas outsideiof the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and 4. In the. event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within . three months of its obsolescence, and it shall be the , responsibility of- the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and S. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as the Planning Board under the site plan regulations, in order to re-consider all zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7. Appropriate screening- and site plan approval from the Southold Town Planning Board for this Limited 'Business (LB) Zone District; 8. Written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the or shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and y Page 3 Appl. No. 4022 - Ceiiular Telephone (Metro One) Decision Rendered August 18, 1992 Villa. (Member Dinizio abstained. ) This resolution was duly adopted with a quorum vote of the Board. ' I lk GERARD P. GOEHRaNGER, C IRMAN I 4 i APPEALS BOARD MEMBERS ��"\y\ :`''� CC4�� SCOTT L.HARRIS Gerard P.Goehringer,Chairman c Supervisor ,a• ��=:;.:_•;... � Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Robert A.Villa �`� ' ' Southold,New York 11971 Fax(516)765-1823. Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4023. CELLULAR _TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, . Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: ( 4415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25) , ' Mattituck, NY; also shown on Planning Board subdivision-approved map of May 15, 1.990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. WHEREAS, a public hearing was held on July 29, 1992, at which time all those who desired to be heard were heard and their, testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for an Interpretation as authorized by Section 100-271(d) {1} of the zoning code appealing the March 14, 1991 Notice of Disapproval issued by the Building Inspector which states as follows: " . . .PLEASE TAKE NOTICE that your application dated March 14, 1991 for permit to construct radio tower and structure . . is returned herewith and disapproved on the following grounds: Article VII, Section 100-81B site plan approval required by Planning Board & Special Exception required by -Zoning Board of Appeals, 'tr � •T Page 2 - Appl. No. 23 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE,) Section 100-230 on height exceptions may require interpretation by Zoning Board of Appeals. . . . " 2. Proposed in this project is the placement of an accessory telecommunications (radio transmission) tower in the rear yard area at premises known as 415 Elijah's Lane, Mattituck, identified on the Suffolk County Tax Maps as District 1000, Section 108, Block 4, Lot #11.3 consisting of 1.85 acres. 3. The subject premises is owned by William Baxter, Jr. and others, and the applicant is the tenant, Cellular Telephone Company, a New York General Partnership (d/b/a Metro One) . 4. The use of the proposed accessory tower and the rear concrete building for public telecommunications purposes has also been conditionally approved by Special Exception Appl. .No. 4022, and the following information is noted for the record: (a) Cellular One is a public utility under the Laws of the State of New York and holds a franchise from the Federal Communications Commission to serve the -public within the Town of. Southold; (b) Cellular One's FCC Franchise requires that Cellular One provide cellular telephone service- within the geographic boundaries of the Town of Southold, providing a quality service consistent with the requirements of the Public Service Commission; (c) Cellular Telephone Co. will conduct mobile communications by radio consisting of mobile units either mounted in vehicles or hand-carried sending to and receiving signals from fixed base sites. Different frequencies are set between cells, and good overlap between cells will permit a better grade of service. Movement to outside of the range of the cell, would cause weaker coverage, and. when a cell is missing, coverage is not uniform and service can drop. (See the sworn affidavit of Scott Fox, Director of Engineering for the applicant/company dated July. 29, 1992 in which the steps in determining the necessary height of the antenna for a cell site are provided in detail) ; 5. The structure which is the subject of this application .is a 100 ft. , high pole-type structure ( 96 ft pole plus attached four-ft. high, 12-ft. wide antenna at the top) as shown on the construction diagram prepared by Juengert/Grutzmacher Architects, submitted July 27, 1992. This structure is free-standing (separate and detached from any other buildings ) . Page 3 - Appl. No. 23 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE.) 6. Section 100-33 of the Zoning Code specifically provides a height limitation at 18 feet for accessory structures. This restriction is applicable to the Limited Business and Agricultural-Conservation Zone Districts. 7. Height restrictions have always been less than 35 feet for principal structures, and 18 feet or less for accessory structures since the inception of zoning in April 1957. 8. During January 1989, a subsection was added for certain height exceptions under Section 100-230D, for: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred. twenty ( 220) volts. (2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof and -that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent .(200) . 9. It is, and has been the opinion of this Board, since the inception of zoning in 1957; that a structure which is free-standing and is not attached to the top of a building such as those excepted in Section 100-230D are clearly governed by the 18 ft.- height provision of Section 100-33. See the Limited Business Zone District, Article -VIII, Section 100-81(C1) , which reads as follows: C. (Amended 5-9-89 by L.L. No. 6-1989) . Accessory Uses. The following uses are permitted as accessory uses and, except for the residential accessory uses and signs, which are governed by Article XX, are subject to site plan review. ti Page 4 - Appl. No. 23 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) (1) Any accessory use as set forth in and. regulated by Section 100-31C(1) 'through (8) . . , and subject to the conditions set forth in Section 100-33 thereof. . . " Section 100-11 does provide that where a provision or requirement which is more restrictive or which establishes the higher standard shall govern. 10. It is also the opinion of this Board that this structure does not fall under Section 100-230D which applies to television or radio towers or aerials attached to a permanent structure (such as CB, ham radio, TV antennas, and the like) accessory to the principal building and principal use of the ,property: It is this Board' s position that the subject pole tower is not a roof-type antenna and is deemed a separate, . accessory structure. Accessory structures are governed by Section 100-33 in the Limited Business Zone District; and WHEREAS, public utilities have always been recognized by the Town to provide essential, unrestricted telecommunications services to and for the public, over, on and through its rights-of-way and its land; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that it is the Interpretation of -this Board that the height restriction under Section 100-81C(1) and Section 100-33 of the zoning code is applicable for all types of accessory structures, including those intended for telecommunications and other permitted accessory uses; and BE IT FURTHER RESOLVED, that a variance for a total height as requested of 100 feet for an accessory monopole telecommunications tower to provide utility services directly to and for public use, as applied under Appl. 'No. 4023 , be and hereby is GRANTED SUBJECT TO THE. FOLLOWING CONDITIONS: 1. The height of the proposed accessory monopole tower shall not exceed 100 feet, as requested, and shall not exceed , the structural dimensions shown on the plan prepared by Juengert/Grutzmacher Architects dated 1-26-91, Job Number 9037-174 (unless necessary and approved for safety purposes) ; 2. The fall-down radius of the tower shall be "as submitted" .with the following setback distances: Page 5 - Appl. No. 123 Decision Rendered A'uqust 18,. 1992 Matter of CELLULAR TELEPHONE (METRO ONE) a) 95 to 103 feet to the northerly property line; b) 69 to 62 feet from the proposed tower to the -southerly property line and radius clearance of approximately 40 feet past the southerly property line over onto adjoining property to the south, also owned by William J. Baxter; c) 62+- feet to 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and the tower and equipment building must be continuously maintained in good condition at all times; j 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5.. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as to the Planning Board under the site plan regulations, in order to re-consider this Special Exception and all other zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7. No excessive (disturbing) noise levels; ` 8. Monitoring shall be as per FCC mandates; 9. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone . District; 10. Written covenants and restrictions shall be submitted . in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. .Goehringer, Doyen and Page .6 - Appl. No. 23 Decision Rendered August 18; 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Villa. (Member Dinizio abstained. ) This resolution was duly adopted with a quorum vote of the Board. lk GERARD P. GOEFIRING R, CHAI RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR Town Clerk, Town of Southold . =4 FBI APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairmant .e. Charles Gri onis Jr. g Town Hall 53095 Main Road a Ser Doyen,Jr. ' g Y P.O.Box 1179 James Dinizio Jr. Robert A.Villa Southold,New York 11971 y�' Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING 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, New York 11571, on WEDNESDAY, JULY 29, 1992 commencing at the following times: 7: 32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 200 of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37. p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B - for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. Page 2 - Legal Notic' Hearings for July 2y, 1992 Southold Town Board of Appeals ;' 7:4U p.m. Appl. No. 4023 - C -L� LULAR TELEPHQNE-_CQ:�d/b/a r' /, METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an (( Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio n transmission, and in the alternative, appellant requests a " variance from the height restriction. Location of Property: ( #415) Westerly side of Elijah' s Lane and the Northerly Side of i M �r the Main Road (NYS Route 25) , C0. NY; also shown on I Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-1.08-4-part of 11. � 7:50 p.m. Appl. No. 40225E - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special .Exception approval under Article VIII, Section 100-81B(,1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the TkcK Main Road (NYS Route 25) , c� , NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8: 00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the 'Dage 3 - Legal Notii' Hearings for July 2�, ' 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft. , lot width (frontage) along the Main Road 76. 46 feet, and lot depth 125. 0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8: 15 p.m. Appl. No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK = AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100.-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road) , Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30) . 8:30 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant) . Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit ,Page 4 - Legal Notj' Hearings for July 29; 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental. to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25) , Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30. 1 (prev. 30) . 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25) , at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc. ) ; County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9: 00 p.m. Appl, No. 4072 - Appl. No. 4072 - VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4A and Article XXIV, Section 100-244B, or. Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island' Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; rage 5 - Legal Noti!, Hearings for July 29'-; 1992 Southold Town Board of Appeals County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear _any and all persons or representatives desiring to be heard concerning these applications. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski --------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT ENT TOWN CLERIC'S OF'F:ICL SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL / Date . . . e 1.f. GtJ? . . . . .�. .1. . . . . ., 19 .9. . To �. o ' . . . .C - ., , . . . . . . . . . . . UZ PLEASE TAKE NOT ICE that your application dated �,,a for permit to C' �a-�r�l�-cte '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . aL. JLocation. of Property . . p.-,-�� House No. l ', . . Street. . : . . . . . Hamlet Stre County Tax Map No. 1000 Section . . .� .C).,p. . . . . . Block Q.:t. . . . . . . Lot . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Mal; No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds F .11.� . . . 37- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . B� ding Inspector� � 0 � � � � RV I/g0 FORM NO.3 - TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE � SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . .MARCH 13 . 19 g 1 TO WIL.LIAM, D. MOORE (ATTORNEY) WILLIA BA%TW :7k'.' ' b RS' ' P;Q., ,13QR 23. . . . . . . . . . . . . ... . . . . . . . . . . . MATTITUCR, N.Y. 11952 PLEASE TAKE NOTICE that your application dated .FEB- .22 . . , . . . . , , • , . . , . 19 91 for permit to CONSTRUCT ANTENNA FOR TELECOMMUNICATIONS BUSINESS . . . . . . . . . . . . . . . . . . . . at Location of Property 4 15 ELIJAHS LANE MATTITUCR House No. Street ' . . . . . . . . . . . . . . . . . . . . . •ham*le t County Tax Map No. 1000 Section . .108. . . . . . . . . . Block- .04. . . .. . . . . , . Lot .1 1:3 Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . E1Z 1�It�7 CLE ®III SECTION . . 100.01 PROPOSED TELECO U.NICATIONS BUSINhSS WITH ANTENNA IS NOT A PERMITTED . .USE IN.THIS.DISTRICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ACTION REQUIRED BY THE ZONING BOARD Or APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 1 Uiid g. Inspector _. THOMAS J. FI - R RV I/80 TOWN OF SOL446L�,1 trl PORK APPEAL FROM DECISION OF BUILDING III '%1. APPEAL NO. 1 str-d2 DATE .............................. Southold Town Clerk TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Metro One 1, (We) Qq].U'A .ax...Te.Lephone... b/.df ..G/.o..KQQxe... ... .. �Q....�Q�..�.3. Name of Appellant Street and Number Mattituck ......NY.................HEREBY APPEAL TO .................................................................................. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Wi 11 iam D. Mpo e.......................................... Name of Applicant for permit of Clause..Commons , Suite„3,� Mattituck.,...NY.... . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x > Building permit for telecommunications building with...104 foot monopole — radio tower with mibnnra 1. LOCATION OF THE PROPERTY .........Lljntq .Business,,, Street /Hamlet / Use District on Zoning Map District 1000 Section 10813lock 4 Lot 11 Current Owner William J. Baxter & others ........................................................................ /Vlap 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 VIII ;XXISIection 100-230; 100-82 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) "A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( Y) Interpretation regarding applicability of section 100-230 4. PREVIOUS APPEAL A previous appeal ftsk(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 mode in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL 4 ( ) A Variance to Section 280A. Subsection 3 ( x) A Variance to the Zoning Ordinance (x,) Interpretation `of zoning ordinance is requested for the reason that proposed 104 foot monopole radio tower with antenna exceed-5 35 .foot height restriction for buildings . * Appellant. seeks determination that proposed 124 foot monopole . radio tower with antenna is exempt from height restriction pursuant to section 100-230 (D) . In the alternative, appellant requests a variance from the height restriction. Form ZB1 (Continue on other side) REASON FOR APPEAL ;Continued 1. STRICT APPLICATION OF THE'`&,DIKANGE=would produce practical difficulties or unneces- sary HARDSHIP because proposed structure is -a'�;puM�i�c uf4il` ty structure permitted by special exception of the zoning board of appeals - The proposed structure is inoperable and of no use if the towerceannot be constructed at the height proposed. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because no similar public utility use and structure is proposed or existing on the properties in the immediate vicinity of this property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because proposed structure will satisfy the need for reliable cellular 'telephone radio signal transmission as required by thb`Public Service Commission. The proposed structure will be located within a wooded area of the parcel , and all trees will remain on the property to provide natural screening of the structure to the extent possible. STATE OF NEW YORK ss Y ... COUNTY OF SUFFOLK ) Sign rere Attorney for App cant Sworn to this ..............�:s�...•................... day of. .�G .'.........•.............. 199� Notary Public DORIS I AAM. ECMQ11 1gftwy Pub?ic,State®f P.F.f!fork G o.5a" s3nn-Suffolk if ss,to & 1, <;.JN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: , Metro One c/o Moore & Moore I (We) , Cellular Telephone Co. d/b/a of P.O. (Residence, House No. and Street Mattituck New York 11952 298-56 4 kl�amlet, State, Lip Uode, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE vIII SECTION 100-81 SUBSECTION (B) (1) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : .Property with Suffolk County Tax Map #1000-108-4-11. 3 (Northwest of intersection of Elijah' s Lane and Main Road (NYS Rt. 25) , Mattituck Proposed use is a public utility unmanned telecommunications building to �be located in existing concrete block building and construction of 104\ foot monopole;eantenna. A. Statement of Ownership and Interest. n�- hem— -. (are) the owners) of Uill ,propar y known and referred to as ou a No. , reet, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section , Block , Lot(s) 11. 3 , which ?gc (is) on a subdivision Map (Filed TT15/9 0 "Map of William Baxte " Filed Map No. $9 3 7 , and has been approved by the Southold Town Planning Board on' &12ri1 9 , 1 9 o as a lot line change and merger The above-described property was acquired by the owner on Gpp a t-a h a d ds Fxhi it '•A B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons:Applicant will use existing concrete block building to retain established compatibility of structures with surrounding properties. Proposed antenna will be located in a wooded area; all trees will remain on the property to minimize any visible impact. Building will be unmanned resulting in no traffic impacts. Proposed use will not affect the ordinary and reasonable uses of neighboring properties. C. The property which is the subject of this application is zoned Limited Businessand [ ] i.s .consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. Lx ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : change of use and zoning has changed several times since certificate of occupancy issued [ ] is vacant land. COUNTY OF SUFFOLK) Cellular TeLephonp Co. d/b/a Metro One STATE OF NEW YORK) ss. : B y: _.,,�.. �S1g a u e illiam D. Moore, A or y for Sworn to before me .this - day of - ;/� 1 �� Applicant o�ry 4c �c DORIS MARIE HARRISON Z B2rev. 2 6/86) Nib"PuL�ic,State of flew Yotk ( / flo.52AW5206-Suffolk County Corr nln;.n Expires April 30,195/ " ■■■■■■■■ONE■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■®■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■No EEO ONO MENNEN ■■ ■ ■ONE■NONE■■■■■■MEN■ MENNEN■ C■■■�■■■■i■, ■EEO■■■■■■■ 1 NMI■■MI■O■■■■■■■■■11MEMONE ■E■EMno IN MOEN NMI 0 NONE ■E�111M■©MM■■MIl,UMMSM No No OMEN _ E�Il�11■!5■M■IE�■I■■■■NM■NNNMM NNE■ d '� 3 ' ..•� �• }.?t� "" .,�4i'1 -,i.,r-ur. -,L+ .. aeT y a: t ':..t. . t EEO �OOOEOIEIi�OI■OOOOEMNMMMOEN NIMMONS ■-■■ IMME■NIZ ENI■■■■ONEEM■■■■EN■E ■OSI M■MCEOE-1 EMEMME■MME■E■■MN■ ■■■NON■MOOD■OOO■EEM■NOM■NNEME ME No ISMEMONEN MENNEN ■■MEE■E■■N�■■■■■■■■0 ■■■� y a� Interior Finish ., Rooms 2nd Floor TOWN .OF SOUTHOLD' PROPERTY-.'-' RECORD CARD--, OWNER STREET VILLAGE DIST. SUB. LOT r / FORMER OWNER �� CJ N ACR. --� t,k_6.1.4 \ S - E W - TYPE OF BUILDI RES. /-,7o SEAS. VL, FARM COMM. CB. MICS. Mkt. Value { LAND IMP. TOTAL. DATE REMARKS V-� C� -a `> l fir--u �� y ; c 7 / �•//�� c �I „ ® pay gCoO g�0 .q lz C� r. io�ia 6 �_ Lla� '� -. �Ilu -(�Br� 4 Z i✓)Ac AGE BUILDING CONDITION NEW NCRMAL BELOW ABOVE t ` FARM Acre Value Per Value _ =� Acre Tillable - - --- FRONTAGE ON WATER ® b r �� 7 D _� Woodland FRONTAGE ON ROAD LAW �IeEr9c Plot BULKHEAD .. �, Total �.. DOCK _.:. � TOWN OF SOUTHOLD PROPERTY RECORD CARDtip /;� o a - /off- � - - ��� .�• -{- OWNER- STREET VILLAGE DIST. SUB. LOT (,FOR ER ANER _N E ACR. S W TYPE OF BUILDING R S. SEAS. L. FARM COMM. CB. MILS. . Mkt. Value +y LAND IMP. TOTAL DATE REMARKS " } o G �` y 7 a r °100 ' I o0ja oa _ y- ° a CSv C�C� 1�--• Z DnLIJrfLP 5 II G ��d� ,,} it. 00 AGE BUILDING CONDITION NORMAL BELOW ABOVE NEW ... FARM Acre Value Per Value Acre --� fey Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD =s Meadowland DEPTH House Plot - BULKHEAD o Total DOCK . .'ar, .. ;y; � � .. ..- � '. ..�,� �k b � ✓ U f'. 1 t}C _ 1�err kff fi\,.M ��-i.'>. . ^_ - - 1 t'�i }..-r + *w:-.d,� -r$y.s�3#.$ ls• �i F.� 1- 't' 1 � �. tit ;¢. ''��'�� '��:• �•�� ,r ti c �' � k ' r�.r j+lr i"• hp��'"�'. ,a 'r`rk;.a,. -. � \ �/ /f ..+T 4 �' A. sYia`F ) yxL ; .� ,l r- L Y S t n i It 4.Y � oat A ' �.� < #� � � •��y)-^y � � ��'`7�'�-{v.��s ���r�1 r 1 .."?- / *- � ' •I (r YYY �_,1 �a�, y,f�,�F.�, ,terQ 4 A 1 f a.-•i �•3 - f 6{ M. Bldg. - k d / �--0 '- 1� �� c fQ0 Foundation Bath �. 1}9 Extension f�. a ����D j 3,�� Basement �L Floors Ip ` Extension Ext. Walls Interior Finish 7 [ � Extension Fire Place . Heat Porch -_ Roof Type c^ Porch Rooms 1st Floor r' f` y ¢. —-- -- — — -- --—---- rie� Breezeway Patio Rooms 2nd Floor � .;4 ` lr £�,�,�'� • P Garage Driveway Dormer { a O. B. t t t 1 .;n OWN OF SOUTHOLD PROPERTY RECORD CARD d 0 6 OWNER STREET VILLAGE DISTRICT LOT �(7_y,,n7 FORMER OWNER N - E ACREAGE � S W TYPE OF BUILDIN RES. $ SEAS. VL. FARM COMM. I IND. I CB. MISC. Est. Mkt. Value ' I I LAND IMP. TOTAL DATE REMARKS Goo g3 .0.oTq0 o y oa OOP �*. ,r goo Iq 0 o i90 ^ o V00, -#= Z -S " c� 6 . . 1 0 d b AGE BUILDING CON ITION : : 3 NEW NORMAL BELOW ABOVE FRONTAGE ON WATER ;3 Form Acre Value Per Acre Value FRONTAGE ON ROAD �b� U Tillable 1 G ' '' �G ••4:.1J1 '. AD Tillable 2 DOCK :i. Tillable, 3 Woodland J Swampland VYl L �" Cl.�n� Lrrti.�, r o o p Brushland �._,. . .� House'Plot . *" ti:, r_ .'i' .- .. .. .,!�.+ ..r-ice` •� �•� �.-� Total •L. ,�` •:� _- yam,•. fr.tf � �. � /i/Gr!f/C �� / "iGis''� I �'�'.�1� Ms _ �3 ` `r Y r -�:rr9if '•*}; a..l� � � i f`-. yrf K�\ F 9> £( A. Y. n fT d t� 1 I _•�¢_—_ _ _��_ r,h �-info;rE,;;;'.///� A}�1,•'.f � L• M. Bldg. d p = p 6 l iTS.— Ef 6 p Foundation Bath Extension �L Floors s ' Basement } :1 Extension. Ext. Walls n L< Interior Finish o plc. Extension Fire Place Heat Porch Roof Type / 1 Porch Rooms l st Floor s. '4` ` Breezeway Patio Rooms 2nd Floor Garage Driveway Dormer ---------------------------- zy / • '- llj 1. '! T.IT T E• TJe •k. ••5.16 Nf. /.e Y.l Qo�`vi - G" •].le•• v"„ o• ►h s .' PO. ' '` •'• �E v 12.2 `i per.•• •''• . a.l /' •,.a•tx, 1I�, 4P / /� — ® e•aed] R Ii.l o I ►l.l •, MA 4A MA 5.12 .':f" i.e •a.0 /.Deaf S J .. � 5.10 1 ]e.Te let + e./ Q ••\ ••V '� �\ TowN ar EourNOEo T•e .•O^^'� \ 1 /o•lr1 .e.e'• V' . D C� TA us OA 1 f�v • 2aA•lr1!V .2 / 4 , 6.2 0.5•• i ' E +• +'•.. Lai kl ..e gD•• j `• � 'i � to .a MP1N� -? � N L .•r p0. uxuf.n�w•rx[ r.ouos�.r�E Hoer.[• -:, ••' Dµt .•[ •ax f 1•[CEE NQ + 'd • REENP • ix•r.• rp - Ef. rpN r•alxl.Ma. x[e[t Np.Iln•p2• • - ru •�;::f"�.r[[ - o�c_ T.._ WILLIAM D. MOORE, an attorney admitted to practice in the courts of the State of New York hereby certify that the attached site plan certification for NYNEX/Arthur Junge signed by Victor Lessard, Principal Building Inspector dated March 3 , 1992 has been compared by me with the original filed in the offices of the Southold Town Planning Board and found to be a true and complete copy. Dated: Mattituck, New York July 23, 1992 Wil liam D. I&ore ;: REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION BLO SECTION— _._...__...... ------....__... .._.._..__..... .__._..._. _. __.._._,..._._ CK—LOT TAX MAP NUMBERS I� :;;NAME & ADDRESS OF OWNER OF RECORD v NAME & ADDRESS OF PERSON P \ REPARING MAP v JDATE, NORTH POINT AND WRITTEN & G I RAPHIC SCALE ;DESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES i ':!LOCATIONS, NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS LOCATION & OWNERS OF ALL ADJOINING LANDS, AS SHOWN ON TAX RECORDS LOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS COi•IPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY \ ' v j'1 EXISTING ZONING k 'AREAS SUBJECT TO FLOODING OR STORM WATER OVERFLOWS . ;WATER COURSES, MARSHES, WOODED AREAS, TREES 8" IN DIAMETER OR MORE wANY BUILDING WITHIN 100 ' OF PROPERTY. PAVED AREAS, SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS ; EXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY \' ' ;FENCING LANDSCAPING AND SCREENING PROPOSED BUILDINGS OR STRUCTURAL IMPP.OVI.,ME �} 'OFF STREET PARKING AND LOADING AREAS u 0 OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS OUTDOOR SIGNS• K�": SOUTHOID Tom \ - "''`'' PUNNING BOARD v 239K SIDEWALKS LOCATIONS WIDT HS: SIZE OF WATER AND SEWER LINES 313�co— ZONING BOARD OF APPEALS TOWN OF SOUTHOLD - - - - - - - - - - - - - - - - -X In the matter of the Application of Cellular One for an Interpretation and/or AFFIDAVIT a variance concerning the height of a monopole structure at Main Application No. 4023 Road and Elijah's Lane, Cutchogue, New York - - - - - - - - - - - - - - - - -X STATE OF NEW YORK ) ) ss. . COUNTY OF SUFFOLK ) SCOTT FOX, being duly sworn deposes and says that: 1. I am the Director of Engineering for the applicant Cellular One. Attached hereto (marked Exhibit A) for the Board's reference is a copy of my professional resume. I am fully familiar with the site under consideration. The facts and opinions recited herein are from my own knowledge and based upon the files of Cellular One reviewed by me. 2 . The issue before this Board is the appropriate height of the proposed monopole at the intersection of Elijah's Lane and Main Road in the hamlet of Cutchogue, New York. 3 . The previous hearing before this Board established that the applicant, Cellular One is a public utility under the laws of the State of New York and that it holds a franchise from the Federal Communications Commission to serve the public within the Town of Southold. Cellular One's FCC franchise requires that Cellular One provide cellular telephone service within the geographic boundaries of the Town of Southold. The regulatory mandate for this franchise is that Cellular One provide a quality service consistent with PSC requirements. It is this standard which has determined the height of the monopole in question. 4. The efficiency of the subject site is a function of the "coverage" of the adjoining Southold site at Peconic. The site at Peconic is a given for this analysis. The most westerly portions of the Town of Southold are covered by a site in Riverhead at Northville. 5. To understand the efficiency of the subject site requires that the members of this Board understand certain basic concepts of the technology attendant to cellular telephone communications. Cellular Telephone is a method of .mobile communications by radio consisting of mobile units either mounted in vehicles or hand- carried sending to and receiving signals from fixed base sites. The sites are engineered to cover a very limited area so that any particular cell will cover the local area but at the same time will not interfere with another cell operating on the same frequency some distance away. Neighboring cells operate on a difference frequency set to provide a buffer between cells of the same frequency. This concept, frequency re-use, allows the necessary system capacity to be achieved which is required to provide a quality GRADE OF SERVICE to the public. If the coverage between cells provides good overlap, a customer can move from one cell to an adjacent cell through a process called "HAND-OFF". As a customer making a call in the vicinity of a cell moves about and, as he or she begins to move out of the range of the cell, the coverage becomes weaker. (An analogy of this is a television reception on the fringe of the stations coverage area) . When this happens, the call transfers (hands-off) to the adjacent cell, if that cell is present and has a channel available for use. To establish the necessary distribution of cells and to help insure that coverage is uniform, cells are located through the use of a hexagonal grid pattern. When a cell is missing, coverage is not uniform and service can seriously deteriorate in that region. Customers typically hear noise, popping, crackling and other interference. The quality of the call can become so poor that it finally terminates through a process known as a "Dropped Call". 6. The height of the antennas for a Cellular Telephone Cell Site is determined by a process of which the following components apply: 1) Establish the proper general area for the site (known as the "Search Area") ; 2) Estimate the appropriate height for locations in the "search area" by use of computer modeling tools; 3) Locate candidate sites; 4) Examine the terrain and land cover features in the region; 5) Using computer modeling methods study the potential performance of the candidate cell; 6) Analyze the predicated performance of the site, determining if it will provide quality performance. 7. The determination of the search area is crucial to the process. It is determined by inspection of the grid, a partitioning of the Metropolitan Service Area (MSA) with uniform hexagons whose size is appropriate to the performance of the cellular system, and by use of the performance statistics collected within the switching system. 8 . Computer Modeling Tools which use physical principals to calculate the coverage of a given height at a given location are made using a data file of ground elevation which have been determined from maps published by the United States Coast and Geodetic Survey. Ground cover is determined mostly by physical inspection of the locality. Cellular One uses computer modeling tools written by several companies. The primary one has been prepared by LCC, Incorporated, a company that does cellular telephone systems design and frequency coordination throughout the radio industry. 9 . The predicated coverage information is analyzed to determine the optimum height needed for the site. Proper balance is sought between the widest coverage and the minimum interference with the operation of other cells and cellular companies. In the case of the North Shore of Long Island, the several cellular operators in Connecticut are affected when a Cellular One site is not designed well and interferes with cells in their territory. The reverse case is, of course, true. Minimum antenna height is crucial in controlling interference. If the antennas are place at a elevation which is lower than optimum, coverage is reduced and more sites will be required to provide reliable service. Therefore, an optimum height is selected integrating reliable coverage and, minimizing interference. 10. In the case of the proposed site at Cutchogue, an assessment of the relationship to the site at Peconic was made. The distance from the proposed location to the Southold (Peconic) site is about 4.2 miles. This requires a cell radius of just over 2 miles. The computer modeling study results are attached as Exhibit B with the coverage contours of the cells traced on a map. Attachment A indicates contiguous coverage with overlap, indicated by hatching, with the tower at 100 feet. At 75 feet, shown on Attachment B, the linkage with Southold (Peconic) becomes weak and at 50 feet, shown on Attachment C, calls can be expected to be dropped. At 35 feet, shown on Attachment D, the coverage is not continuous. Calls will not be "handed-off" properly, cellular terminology for the process that moves a call from the signal of one cell to the next, with reliability at less than 100 feet. 11. The coverage (efficiency) provided by the proposed structure at Mattituck is optimum at 100 feet above ground. Cott Fox Sworgto before me this �( "`day of July, 1992. j Notary Public ALdYork ti vi i;d t.N it!l�.O✓:yl! � . � SCOTT FOX 16 Woodmere Drive • Eatontown, N.J. 07724 • (908)389-5520 EDUCATION Bachelor of Science Electrical Engineering (BSEE) • 1981 College of Engineering • University of Florida • Gainesville, FI Specialization: Communications EXPERIENCE CELLULAR ONE ROCHELLE PARK N.J. 1990 to Director of Engineering Present Responsible for the coordination and implementation of all engineering aspects of the New York / New Jersey non-wireline cellular system. Directly manage the activities of the following departments: • RF Optimization Engineering • Cell Implementation Engineering • Systems Engineering (Network, Switch, Traffic, Telco, etc..) • Fraud Engineering Major Accomplishments: • Managed the growth of the Engineering Department and support staff from 3 people (in 1989) to 35+ Engineers in four separate groups (in 1992). • Managed the growth of the system from 1 switch and 46 cell sites to 9 switches and 200+ cell sites. • 'High-site' reduction projects • Complete New York system conversion from Motorola to Ericsson (July 1991). • Implementation of Digital Technology into the New York market (TDMA). • IS-41 Rev. 0 Field Trials between Motorola and Ericsson systems. • Developed and implemented extensive Fraud identification and elimination programs and projects. 1989 to Director of RF Engineering 1990 Responsible for all RF optimization and implementation aspects of the system. Directly manage the team of engineers responsible for the following: • Optimize and maintain the integrity of the existing system while rapidly growing the system to meet subscriber growth. • Develop and implement frequency assignments which allow maximum capacity and minimum interference. • Develop short and long-term expansion plans which provide additional capacity and improved coverage. Evaluate and implement sectorization, cell splitting, and new site implementation to meet these plans. Page 2 Resume of Scott Fox METROMEDIA PAGING SERVICES SECAUCUS N.J. 1988 to Director of Engineering 1989 Corporate staff position, primary duties and responsibilities as follows: • Provide consultation and analytical support to the operating branches nationwide related to all technical aspects of the business. • Identify new technologies with the potential to benifit the company. • Interface with the vendors to implement these new technologies into products and equipment to be utilized by the operating branches. • Coordinate the development and maintenance of uniform technical standards to ensure optimal technical performance. • MFJ compliance liaison - Primary liaison between Metromedia Paging and Southwestern Bell (our parent company) regarding all technical issues related to ongoing MFJ compliance. 1987 to Engineering Manager 1988 • Responsible for all technical aspects of Metromedia Paging Services' largest system, the New York/New Jersey operation. • Managed the Network Operations Center and the Field Service operations. • Assisted in the development of the annual Capital and Expense budgets for the New York/New Jersey operating branch. Managed with full Profit and Loss responsibility (greater than $ 5 million annually). • F.C.C. license responsibility. • Site acquisitions, lease negotiations, and payments. • Systems Engineering: Coverage and channel capacity planning; RF control link/repeater design; simulcast optimization procedures; paging formats and preamble management. Telco traffic engineering. 1986 to Systems Engineer 1987 Responsibilities: • Evaluation and optimization of regional and national paging and conventional Mobile Telephone systems. • Integration of common RF resources between dissimilar markets. • Development and standardization of technical procedures and documentation. • Alpha-Numeric 'front-end' processor development. • Remote-site monitor and alarming project management. Page 3 Resume of Scott Fox WESTSIDE COMMUNICATION GAINESVILLE FL 1984 to Chief Engineer 1986 Managed all technical aspects of numerous regional and state-wide analog and digital paging systems. Maintained and operated eight conventional mobile telephone systems and two 5-channel Trunked SMR systems. Designed and implemented the first true "Talk-Back" paging system on the East Coast utilizing satellite comparators/voting receivers, simulcast transmitters, and miniature UHF hand-held transceivers. RADIO TELEPHONE COMPANY GAINESVILLE FL 1981 to Communications Engineer 1984 Responsible for all aspects of numerous paging and mobile telephone systems throughout the state of Florida. Base station repair and paging terminal maintenance. 1979 to Technician 1981 Repair and maintenance of all types of pagers, radios, and base station equipment. The majority of this work was performed while putting myself through college. PERSONAL Marital Status: Married One Child Citizenship: United States Other: Commercial Radio Telephone License Amateur Radio License Private Pilot License Manufactured by JULIUS BLUMBERG,.INC. NYC 10013 ATTACHMENT A I ri,re t p \V May Beach pf G. SOUTHOLD SITE AS INSTALLED POW PROPOSED MATTITUCK SITE AT 100 FEET NIT � TOP OF ANTENNAS CL ring Horfm?Pt,,. ki 0mu ri J, she Wtm p0jnf A T 341 FIE01PRY, ;yridat Pf otmk Pond pf Sot DqUe,�., M.11 cf I let Littfe Peco"Ic Say Noyack Bull NATIONAL WIHL-DMIJF11E !A- .ff. 10 ,wm)I A-J ko t c Si1f LLJ Af' 40 X� jc.5�f k , -21 � Ir ja rt- 11J- 4 ph ATTACHMENT 8 rnfer na f�• ; lT! t }� SOUTHOLD SITE AS INSTALLED ii f0i,1 pr CD Point 1 ,� Pomr PROPOSED MATTITUCK SITE AT 75 FEET -tj! eOn Comvii�s TOP OF ANTENNAS �'Q /1 �1 ,.pt Fr� `mil i+r hesdMsgll� ,( 1�pees ( 1 f'.,,�� , _-u-,- ' •I � "- -- �LlcY>_r �'ttmlwr ...•'0 �-�'j 1—'ti _-_ Shaker 1 (Yinrdi• s t. `\ +t• u P ntf}f C1 ^:1' ��` �\ FI �'I!?PY' iL� Pprodim Fe� -� •^ ��-��' rf aar r�Tyndel'pi �\ La - Duck Pond R, Pr 1 sea 0 ogue i✓ ,ram.`: '�. 1•, t - � �'\- rt NdtlWck Pecorric �1` e rr,ln Link ^, �. I I Nvgack Bap � eUr •-. - , i 'Boy oFrroN l NATIONAL WM M�FE MSE + Q�y :, y/ 1_t h� C�rhogae Noyack r, L YS 1 $ T= !�` I Hmbof,, 5• v .� q! t,rA DCY. - t } !. ITT, 'i T ,ygt 01 r�� ry�y?,t� /,, S f �•�3 S 1\ 4 \ O hl- r t�9Cil f I .•Y.'� f{` /- 1 ( �s !.. } V• ..{'. � IT! ,r�$.;�i:��•�, �(t 1 � r � hey'. .i: S: -1 , ��:� 1 J �JI' L 1 0 57G• 1 •e jJ ''`,• :o .!�- ! � .� 1 s 127i'!'., ?,..�.,._:�', ! =�:'_. ,.f � �--�\-+i--'••. �} '!fS�\� ��r �'�� #. ��r r•Q (� S"�!/11���/� �� � t. o,J� v���;"���)•r��il , pl f.J . . •,\ \ i'- •t5 r•r l' ,{C.J I t IO,Jr�' - FrJr �� t � �1 :�`t. 1. Ir�hj� �` �f•l-�J �'� ^.1,��,,l!� -' ~'{>' J� �l--f'�•. '���'>.i 1:-.. '. —I e° i i ,s It yl, .•+r ; "�`4-�.✓1 1f '1 �: ,,. ,.. .�., 1 t e i J'cy _ �� l\\ �y ` r;' tliDy .t��•. �!+ fit,.,_ s' R.�_ , I 1 J -- 1, r�aSY .Or'(� i.!` .__� .' r•, ,rlf" -_yt y ' /�`f.� --.eyb,� I`}stS`��sS��� e, �\ `'�y`,�.�yy.I"�� •� ' � �h /`�. IE U•�Tr •� '�� y t`'t - ' .4, 1 ! .. �f� ���'•3eti>�.�:,'!,S'r .._.._.-,- (7�1�I'1'}Wr' ,' ,4��..: t,.••r-i:' .'.�.1'�17 I F�r !f''�:' �l ...,r.M i '�1' v' -��'}� r- ATTACHMENT C Inlet PIS'.: �fl �:!s', f•' SOUTHOLD SITE AS INSTALLED !�o ' �,;{— loy BV80, Pf j Point W i PROPOSED MATTITUCK SITE AT 50 FEET IJI TOP OF ANTENNAS 7 ' CL If PFes ?1Terin cr.2 Flod r IlortonTe .'r.� a ro►ru '""��� \� 7 4`--;��� Sheller 1�- -•f;nrd, .n. 4``. `'y ` .21 -Isle �Ij� .. -`c'��y;.Y�7-----• "�• ,�-�;� _�sir_ -�``._ i.• �f �WA�i� Soadrnln ��9 ParaQrse s I Smn\ JJ POMI y i r Cone �,e :,T'lndal Pr jyft LZ oaek Pond Pt, - � '' slgna .�,� •. aftachGleasan � $( a� � •t�ti�:r `�" ti c OW .IN� \� , ` oft Note na ;I. {� ,I Little Il ?• _ P Say RTON{ M1'oy'ock 13oy -;_ MMNAC WMW.lFF CIE `- :" _� •t'S) f i_ •,,• ., C.nrJ'o4ue yaek ,r,I�dS'�Pout... S �j , Ifafia�' a t y f l , -��' Qij a` \ y' tt, � o• , 'y�.r� er . st, r� �r, �^. - 7 / r J j `_ '° f � [: �j� I ,:! r iI\• t 'I �'/1 `� •� o .f: l,_ `` `i. • \.\ � V 4a Or(tr O� ' �. i�, I :'S1:1t� }� '0• ;,r'• J�f .;o,'• t,•rr' - YOM1'M. - .!%�"``' ' ^ La.I,: I� _ Q 4 / „1•,1!-'� ` - 'r ��� 'V � �' ��d•I '-�' 'S 1 �,~ [� � �'� �Jr'' `j�:C.r,1 _ `�5f'- '`i± ,. R:`� _ ' 4��� J ':�{�. ��r' '` SD ." ,• =7 • e �j// r "lr___ _ ` r l: ^' I,r1 IYI �'�- /. - � r 1 -� •Ir I K •`. �/ ,N '�;��,�, ` ���•�•I•i''s. ,S• •} r ;�' t+f1 f/� V J,_. ''r.;u= _ __;'� ' � .`f.. .. -� i`y^ � \� a, , `'J1 tl l�[� `..C•��O'Y::,�.Zrbil:r�� .;;g `, ."i� nel j �•�1 S f `141 ;� oY ?�pr �G,1"Jif - .�j•Y C. ^• I'• •'�' ili ,� ': y 0 0•• y \ `''" l aQe 5�1. •;i r��o!' � ayrj, �t .�'• ...i:` Pnr,�� ' , a t ° S,• ra%Tr .a f' Cl t ltY S ', '.R �. n r,k r<Z �. /• ut ATTACHMENT D r Hey 8escb pr r` SOUTHOLD SITE AS INSTALLED " 0 01 PROPOSED MATTITUCK SITE AT 35 FEET r o r�,,f>< w ° TOP OF ANTENNAS T '`non ra r't rCope r Norton Pr c o omli 'h ♦ �> �. Sheka Dail Is y _� n2ll L 1,•1 ?j `•+ roe}. . r�l': Z)smd^gsPt- Buy pefAdi66 �SrnUr+ �\' Corle Tyrrdsl R me*lb+ld Fr La sou y. .htatHltlCrc �L. ��.1\5• _ \ 1 + "f h � InIM Peconic 1 1 �� Little 1, it "—', eni , Bay Noyack Boy Ir ♦d � \r y} NA110NAL wMIFF. ,FYWE ,r t " ,�• 4 3 A) f`.7 i:_� �:I .50 ���v,� ,ram. 5�•1 � 1 \ J� .y�'1.1 `� G'' _ 1 t � i .li•. Sr Vo/f',, -'5� 1, t .r `X ' _ .i': :..J^ rr:rriy,�..�I.JJ '.1SIv ..;,�\� .+ '"` O �f Jr` •1,' =r••' - :�, n��-' _ '-- � � -a Il -— O •. tip'._.t.r" rs�_" 'iill.`�2a t `, !/' _ _ '�.. ----(A fli.�`♦'♦ r' •�'ti "'o r���: '�i•; 1:�:: !! • ��. ° / .i`' .. ..,� . ,r�l V ''�� ♦ti ,•''• 19 \ �\� r_os(¢ ', `� ,�•' 1�_:- =�1`1 ��'�•'��s`'L� a.:3 .N'-ff+ �"•� .? '•° .•` �-� `%�� •i ' el•� �; Or }4 �l: f v, (/ff� :'S55 oil ;1, 11"+r r.3 (2,�/) lf�lJ / �n :�r C, aj, ��5;=�`t;�•y�•. L, r<' {, t/;% _— _•�,. �-- _ __ e; �.yl'F.�:';._s 11 fil Tlo.thvllk �� _ -•'{ y '; r'o- :'o4tt• i•_. '-M. Y�. 'j'51 •. y .�} �� 1 _ `: ._1 r: f:.J t \ - � .Ir ♦fit. ♦ r-�_ `��.i`., > �ti` ;.,,Y�:;•� �v`�' ���. rt' _ ..J _ I „ J ( t, + it ,rf' .'' .i' ,�'�•, _ - .. J� c 1 /� � i°5'� ...5• '}=�♦i\°� .' 1 °'�t ;��i��:. �'� ^•'.1"'�''�:� ill f��� , =tU:, i.) - r• r• ,T .i" �fr �♦ram+n�'^ .r �i..l '�♦'' ,t` ,1 r.J,x1. !r, �`_ �� '-%.'� _ I N •r �I F3. 5 �♦J.S .;Y .s(e ���pr .Je10� `+' ��\� �� f"`.'Vr•„ .•ti 4�: 'S'�1 � •';f��;: / •l':�(z �:� =�_�:��r�.-d� `•-• }. Ir�li� ! ; ��1-AT j?��fVIG r�`C;f+`• ull I � _ r}' � �'2:T,�,: `�� 5 Law U.S.Deoartrnent Eastern Region Fitzgerald Federal Building of Transportation John F.Kennedy International Airport Federal Aviation Administration Jamaica.New York 11430 E X T E N S I O N ACKNOWLEDGEMENT OF NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION ----------------------------------------------------------------------- CITY STATE LATITUDE/LONGITUDE MSL AGL AMSL MATTITUCK NY 40-59-56 . 00 072-30-39 . 00 30 100 130 ----------------------------------------------------------------------- METRO ONE CELLULAR TELEPHONE CO. AERONAUTICAL STUDY GLENN WITTE No: 91-AEA-0108-OE 365 WEST PASSAIC STREET NEW ROCHELLE, NJ 07662-3015 Type Structure: ANTENNA TOWER The Federal Aviation Administration hereby acknowledges receipt of r:o-ice dated 01 ,11 ,91 corQeiring Lhe proposed construction or alteration contained herein. A study has been conducted under the provisions of Part 77 of the Federal Aviation Regulations to determine whether the proposed construction would be an obstruction to air navigation, whether it should be marked and lighted to enhance safety in air navigation, and whether supplemental notice of start and completion of construction is required to permit timely charting and notification to airmen. The findings of that study are as follows: The proposed construction would not exceed FAA obstruction standards and would not be a hazard to air navigation. Obstruction marking and lighting are not necessary. This determination expires on 08/13/92 unless application is made, (if subject to the licensing authority of the Federal Communications Commission) , to the FCC before that date, or it is otherwise extended, revised or terminated. If the structure is subject to the licensing authority of the FCC, a copy of this acknowledgement will be sent to that Agency. NOTICE IS REQUIRED ANYTIME THE PROJECT IS ABANDONED OR THE PROPOSAL IS MODIFIED SIGNED Specialist, Systems Management Branch Robert P. -Alexander (718) 553-1230/1228 ISSUED IN: Jamaica, New York ON 02/12/92 SIS-29 -BB41 MRTTITUCK FIRE DIST 062 P02 MATTITUCK FIRE DISTRICT P 0 BOX 666 MATTITUC:K , NY 11952. :Ju 1.Y ,:.''7 1.992 Ms . Lynn Lorimer Cellular Or-ie Gammunicat_ions 15 E . Midland Ave . Paramus , NJ 076,52 Dear Ms . Lynn Lor irircr , It has come' to the at.terition of th'ie. Boi«rd of Fii. - Commissioner of the Mattituc:k Fire District t_h<yt yoLl)- 1.'.:0mpar1Y is seeking Pei-mission to install a 100 ' Moni:i t.ht, baxt.er" Property located on E1 i jah 's La Mat.tit.:-ick , NY I.J 952 The Board 'feels that this ir')St631iJt. i.t>ri would aSe:ISt ;irr the Use. of the cellular Phones now being used by rur and eliminate: some of the: "dezai;i" spots t 1. iEit. now exi t . Fo4; 1 am sure you know , that. we w e: our Phones j.ri eriie rgency fire and rescue Situations and are a vital r,.�.orriporre✓rlt in Pe'r'fU7•ining t.11ct�c- services to the Public . r 1ncw-.re!I . r /�/ :1ohn M . Live-110 Vice C'.hairmian SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - -X CELLULAR TELEPHONE COMPANY d/b/a CELLULAR ONE, Petitioner, CERTIFICATION -against- Index No. 91-17944 GERARD P. GOEHRINGER, Chairman CHARLES GRIGONIS, JR. , SERGE DOYEN, JR. , ROBERT VILLA, JAMES DINIZIO, JR. , constituting the SOUTHOLD TOWN. ZONING BOARD OF APPEALS, Respondents. - - - - - - - - - - - - - - - - - - - -X S I R S: I, ALLEN M. SMITH, an attorney admitted to practice in the State of New York hereby certify pursuant to Section 2105 of the Civil Practice Law and Rules that I have compared the annexed copy of the Judgment with Notice of Entry with the original on file in the Office of the Clerk of Suffolk County (Index No. 91-17944) and have found that said paper is true and complete copy thereof. Dated: Riverhead, New York July 29, 1992 Allen M. Smith, Esq. William D. Moore, Esq. Attorneys for Petitioner 737 Roanoke Avenue Post Office Box 1240 Riverhead, New York 11901 By: Allen M. Smith SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - - -X CELLULAR TELEPHONE COMPANY d/b/a METRO ONE, Petitioner, NOTICE OF ENTRY against- Index No. 91-17944 GERARD P. GOEHRINGER, Chairman CHARLES GRIGONIS, JR. , SERGE DOYEN, JR. , ROBERT VILLA, JAMES DINIZIO, JR. , constituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS, Respondents. - - - - - - - - - - - - - - - - - - - - -X S I R S: PLEASE TAKE NOTICE that the within is a true copy of a judgment signed by Honorable Robert W. Doyle duly entered in the office of the clerk of the within named court on April 15, 1992 . Dated: April 17, 1992 Riverhead, New York Yours, etc. Allen M. Smith, Esq. William D. Moore, Esq. Attorneys for Plaintiff 737 Roanoke Avenue Post Office Box 1240 Riverhead, New York 11901 TO: Harvey Arnoff, Esq. Attorney for Respondents 16 West Main Street Riverhead, New York 11901 Town of Southold Main Road Southold, New York 11971 at a yA'S Term of the Supreme Court o1- the State Of New York held in and for the County of Suffolk at the Courthouse thereof Gr=r'_inq avenue, Riverhead New York on the Z day of PRESENT: CNCR.:k3LZ- R05FRT W. DOYLZ: T,� Ly u'12St1Ce CELLUT...1R TTT-P.♦ONL Y- - - - u - :.-.:.:.. CQ? aLv d/b/a ?�TRO ONE, assigned to: got, RobertW. Coyle, J.S.C. :�ioner, -against- JUDGII4ENT GERARD P. GOE.'IRINGER, Chairman I^c= c No. 91-17944CHARLrS GRGNIS, EN IO R. , SERGE DOY , RC3ERT V_LLA, Ja�`�S DINIZIO, j'R. , oons-Jcu-inq the SOUTHOLD TOWNN ZOL17NG HOARD OF P PEA-s, ENTERED .APR 15 1992 - - - - - - - - - _ Respondents .- - - AT: I,•sa Lpan reading and -� -y herain Z .e No` ca O i _ Petition- Pe..�:.ian date Saptamber S, e ?e '-i on Ve199 . Sap--amber S, , a_ffidav, ` of Diane Amedeo swar:l L�a Sap"� e:ti^er 5, ?991; the affirmation of Allen M. Smith dated brOvember 18 , 1991; the affirmation of w'lliam D. Moor_ dammed November 20, 1991; the affidavit of Christopher Resavr sworn to November 1 3 , 1991; Petitioner's Memarazidum of Law su_htmitt-ad r 20, 199: and supp' ementad by to--ar dated ted February i T gg, all . _, �n supcort of `" Lh �O�--fi ` . a an; the Retf1� Respondents ' Veri�i ed answer Jeri:led October 21 , 1991 and the a=fidavi- of Gerard ?. Goehringer sWor:: to CCtaber 2 ; , 1997 in appos__ h -fan �o t. e ?s�--fan and i pracaed:ng aving been su.�a_tted - -he C:.urt and' t he COu-- avi- ^.0 L nde its Memorandum decision dated February 11, 1992 . NOW on motion of Allen M. Smith, Esq. and William D. of counsel, it is ORDERED, ADJUDGE, AIND DECK:yD that .r-s Petit-ion is granted and it is 7jR'T WR ORDE.ZD, ADJTJDGED AND DECREED that Resaordent's detarmina,ion numbered 4022 is annulled and it is cT-'RTH:_R ORDE-0E0, ADJUDGED A.vD DEC RrF,D that Petitioner is detarai^ed to be a public utility, the criteria for a special a:cception apg=oval pursuant to the Soutold Zoning Code have been met and tzat the proposed radio tower is oermittad pursuant to Section. 100-31(3) (1) of the Zoning Code or the Town of Southold and it is ruR_-?R ORDERED, A101JUCGE0 AND OECR ZO that, this mattar is ^.eraby _amanded to the Respondent Board for consideration o= the remaining -or-:ions of Petitioner' s application. C,,AT 0� J. S. C. r. r �1fi?I,wt.iE.C. FILED APR 15 1992 SUSAR:P.ROMAUNIE cusr,cF suF=oLK ccjjNw SUPREME COURT OF THE STATE OF NEW YORK COUNTY''OF SUFFOLK - - - - - - - - - - - - - - -X CELLULAR TELEPHONE COMPANY d/b/a_.METRO ONE, Plaintiffs, AFFIDAVIT OF SERVICE -against- Index No. 91-17944 GEROARD P. GOEHRINGER, Chairman CHARLES GRIGONIS, JR. , SERGE DOYEN, JR. , ROBERT VILLA, JAMES DINIZIO, JR. , constituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS, Respondents. - - - - - - - - - - - - - - - - - - - - - -X STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss. : ALLEN M SMITH, being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at Jacobs Place, Aquebogue, New York 11931. That on the 17th day of April, 1992 deponent served the within NOTICE OF ENTRY and JUDGMENT upon the following: Harvey Arnoff, Esq. 16 West Main Street Riverhead, New York 11901 Harvey Arnoff, Esq. Town Attorney Town of Southold- Town Hall 53095 Main Road (Box 1179) Southold, New York 11971 The addresses was designated by said attorney for that purpose. Deponent served the within by depositing a true copy of same enclosed in a postpaid property addressed wrapper in a post office official depository under the exclusive care and custody of the United States post office department within the State of New York. Allen M. Smith Sworn to before me this 17th day of April, 1992 . Z112"' A ;l .c�ICLGZ� Notary Public TERRIE W.SINCLAIR Notary Public.State of New York No.52 4823904 OualifiCommission expi es Sept 30, s iz- CELLULAR TELLPHOJ,i CWI&ANY d/p/a PIETRO OiJL VS . GLeRARD P. G0V;I11RDVGhR, CHAIRAiAN , CHARL S Gj1 IGOivl;i, JR. , et al . y :� Index iJo. 91-17944 t ( } APR 29 1992 i Ei1)P.i3ONIAINE CLERK OF SUFFJLK COU14TY E� COUNTY OF SUFFOLKer4 DU _ (� ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September 10, 1992 Town of Southold Zoning Board of Appeals Applicant: Cellular Telephone Co. d/b/a Metro One Mun. File No.: 4023 & 4022SE S.C.P.D. File No.: SD-92-11 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter- for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Restrictions are necessary for public safety purposes. Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb H.LEE DENNISON BUILDING 0 VETERANS MEMORIAL HIGHWAY 0 HAUPPAUGE. NEW YORK 11788 0 (51 6) 853-5192 APPEALS BOARD MEMBERS SCOTT L.HARRIS z 'Supervisor Gerard P:Goehringer,Chairman Charles Grigonis,Jr. s N Serge Doyen,Jr. Town Hall,53095 Main Road :•ti �� James Dinizio,Jr. P.O.Box 1179 Robert A.Villa Southold,New York 11971 ry. Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Carrnission: Variance from the Zoning Code, Article Section Variance from Determination of Southold Town Building Inspector XX Special Exception, Article VI I I Section 100-81 B O ) and Article III Section 100-31B (6 ) Special Permit Appeal No : 4022SE Applicant: Cellular Telephone Co . d/b/a Metro One Location of Affected Land : 415' Elijah ' s Lane, ' Mattituck , NY County. Tax Map Item No . : 1000- 108-4-11 . 1 .Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing .or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or . Within One Mile of a Nuclear Power Plant Within One Mile of an Airport ff Comments : Applicant is requesting pe-mi�i-o-n . t� telecommunication use for utility services directly for public use. Copies of Town file and related documents enclosed for your review. Dated : 1 APPEALS BOARD MEMBERS �.�°�s°�x5 ��� SCOTT L.H ORRIS SupervisGerard P.Goehringer,Chairman Town Hall,53095 Main Road Serge Doyen,Jr. g Y P.O:Box 1179 James Dinizio,Jr. ` '.,� �� Robert A.Villa ��+ Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 21, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY . 11901-1240 j Re: Appl. No. 4022 - Special Exception - Metro One Dear Mr. Smith: Please find attached .a copy of the Board's determination rendered in the above matter. In accordance with the rules of the Suffolk County Administrative Code, the file has been transmitted to the Suffolk County .Department of Planning for their response. Copies of this determination have also been furnished today to the Planning Board for their site plan file and the Building Department for their update and permanent recordkeeping. The decision rendered under Appl. No. 4023 concerning the height issue is being transmitted under separate cover. Very truly yours., Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning William D. Moore , Esq . l r.41. No. 4022 - Cellular Telephone (Metro One) , ysion Rendered August 18, 1992 d Villa. (Member Dinizio abstained. ) This resolution was duly adopted with a quorum vote of the Board. lk GERARD- P. GOEHRINGER, C IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR , Aq Town Clerk, Town of Southold t Xg, MOORE & MOORE Attorneys at Law ,5EP 2 rJ 1992 jI 315 Westphalia Road P.O. Box 23. Mattituck, New York 11952 V Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary Thomas F. Moore Of Counsel September 23, 1992 , Southold Town Zoning Board Southold Town Hall Main Road Southold, NY 11971 Re: Cellular One / Mattituck site Dear Members of the Board: Enclosed please find a Declaration of Covenants and Restrictions to be executed by the owners of the above referenced property. These are being submitted for your review and approval prior to the execution of same. VRil tr yo s, W oore WDM/mr Enc. cc: Harvey A. Arnoff, Esq. PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ,%,'���' r 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 r _ _F-ax;f5-r6)6=76"5,p-T_8!3 December 15, 199f2' i}' DF� 1. 16 I ! William D. Moore Moore & Moore F.O. Box 23 .__. __- Mattituck, New York 11952 RE: Proposed Site Plan for Cellular One d/b/a Metro One, Mattituck SCTM#1000-108-4-11.3 Dear Mr. Moore: The following resolutions .were adopted by the Southold Town Planning Board at a meeting held on Monday, December, 14, '1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. WHEREAS, William Baxter, Jr. is the owner of the property known and designated. as Cellular Telephone Co. d/b/a Metro One SCTM#1000-108-4-11. 3 , located at Route 25 and Elijah' s Lane, , Mattituck; and . WHEREAS, a formal application for the approval of this site_. plan was completed on September 30, 1992 ; and WHEREAS, the Southold 'down Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8) , Part 617, declared itself Lead Agency and issued a Negative Declaration on December 14, 1992; and WHEREAS, an interpretation and variance were granted by the Zoning Board of Appeals on August 18, 1992; and page 2 Cellular One d/b/a Metro One WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; Be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the final survey last revised on October 19, 1992, subject to Certification by the Principal Building Inspector. This condition must be met within six ( 6) months of the date of this resolution. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman r r� ;a PLANNING BOARD MEMBERS i ,5 w' SCOTT L. HARRIS 1' Bennett Orlowski, Jr., Chairman %n�;,_r � :_ ��,` y Supervisor George Ritchie Latham, Jr. o Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance November 2, 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: Proposed site plan for Cellular One d/b/a Metro One SCTM*: 1000-108-4-11.3 Location: Elijah' s Lane and State Route 25 SEQR Status: Type I ( ) Unlisted ( X) Conditioned Negative Declaration: Yes ( X) No ( ) Description of Action: Reuse of existing one story block building for use as unmanned telecommunications equipment room and construction of 100 foot high monopole antenna. Page 2 Cellular One d/b/a Metro One SEQR Negative Declaration Con' t. Reasons Supporting This Determination: This project involves the; construction of a 100 foot high monopole antenna and reuse of existing block building for use as a communications room. The applicant has received a variance from the Zoning Board of Appeals for the use and height of the antenna, thus the proposed action is consistent with zoning. The applicant has complied with the Suffolk County Department of Health Services Code, having obtained an exception due to the fact there will be no water supply or sewage disposal facilities on the premises. An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board, P.O. Box 1179, Main Road, Southold Telephone Number: ( 516) 765-1938 cc: Suffolk County Department of Health Services NYS DEC Commissioner, Albany Judith Terry, Town Clerk Southold Building Department Board of Appeals Applicant ftzil - a APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P.Goehringer,Chairman . Supervisor Serge Doyen,Jr. "�" ,ti = �.i Town Hall,53095 Main Road James Dinizio,Jr. �� P.O.Box 1179 Robert A. Villa °��, 'yy' ✓j' Y. Southold,New York 11971 Richard C. Wilton Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 14, 1992 William D. Moore, Esq. Moore & Moore 315 Westphalia Road P.O. Box 23 . Mattituck, NY 11952-1424 Re: Cellular One, Baxter and Others Telecommunications Use and Tower at Elijah' s Lane Dear Mr. Moore: Please accept this as' a follow-up to re-confirm that the -Declaration of Covenants and Restrictions must be corrected at paragraph 6 by deleting the words "if any. " This -would then conform to the Board's resolution adopted on August 18, 1992. Once the Declaration has been revised to conform with the above and our previous letter mailed to you on October 9, 1992, and recorded with the County Clerk' s Office, we ask that you forward a conformed copy to our office for our permanent recordkeeping. Very truly yours, i i Linda Kowalski P.S. The Chairman has indicated that the hours for the lighting to be on is 4 p.m, to 6 a.m. daily. . cc : Mr. and Mrs. . William J. Baxter S - r i\ PLANNING BOARD MEMBERS , F � SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �' F ?� . �. Supervisor George Ritchie Latham, Jr. Richard G. Ward 3 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 November. 2 , 1992 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: .1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3 . Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Cellular Telephone Co. , d/b/a Metro One Requested Action: To erect a 100 ' (102 ' ) monopole and platform adjacent to an existing 724 sq. ft. concrete block bldg on a 1 . 848 ac lot in the Limited Business District located on the w/s of ELijah' s La. 299 ' n/o S.R. 25 in Mattituck. SCTM#1000-108-4-11 . SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Valerie Scopaz ( 516)-765-1938 -_ The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( g ) This agency wishes to. assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other: ( See comments below) . Comments: The site is bordered on the west and north by residentially zoned lots; on the east by Elijah' s La. and beyond residential lots; and to the south by two limited business zoned lots. in the same ownership as the subject property. The "fall radius" of the monopole will result in a restriction being placed on part of the adjoining lot to the south which would prohibit any construction within the fall radius. Refer to the attached site plan for more information. Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. l'l�, Chairman r� cc: Board of Appeals Board of- Trustees.,_ #. Building' Department --Seutho l-d--Town--Board-- Suffolk County Dept. of Health Services -NYSDE-G--Stony--Broak ,¢ NYSDEC - Albany -s.-C:Dept:--of---Publi-c---Works- U S,:--Army--Corp-of-Engineers--- N.Y.S. Dept. of Transportation * Maps are enclosed for your review Coordinating agencies •14-16-4(9fa4) `N,EW YORK STATE DEPARWENT OF ENVTRONMENTAL .iERVATION PROJECT I.D.NUMBER —A M DIVISION,OF,RECULATORY AFFAIRS 4 State Environmental Quality Review ' SHORT ENVIRONMENTAL ASSESSMENT FORM - --''- - For UNLISTED_ACTIONS Only PART 1 Project Information (To be completed by Applicant or Project sponsor) ' 1. APpllcant/sponsor 2. Project Name j J. Project location: Municipality Town of Southold County Suffolk 4. Is Proposed action: New ❑ Expansion ❑ Modification/alteration S. Describe project briefly: Reconstruction' of existing one story concrete block building for use as unmanned telecommunications equipment room and high monopole antenna construction of 104 foot 6. Precise location(road intersections•prominent landmarks,etc.or provide map) Northwest corner of intersection o-f Elija Lane and State Route 25 Suffolk County. Tax Map #1000-108-4-11.3 , 7. Amount of land affe2ed: Initially 2 acres Ultimately acres Q. Will proposed action comply with existing toning or other existing land use restrictions( ® Yes El No If No.describe briefly 9. What is Present land use in vicinity of project? WResidential ❑ Industrial ® Commercial ® Agriculture Describe: ❑ Parkland/open space ❑ Other . South of proposed sit-e predominantly agricultural use Abandoned auto repair shop 'abuts p'rdbiises 10. Does action involve a permit/approval,or funding,nnw or ultimately, from any other governmental agency(federal.state or ocaly El Yet ❑ No . 11 yes, list agency(s)and permitlapprovals Southold Town Planning Board - Site Plan Suffolk County Planning G, C. 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes No If yet,list agency name and permit/approval type 12. As result of proposed action will existing Permlt/apProval require modification? ❑ Yet ® No 1 CERTIFY TFIAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPlicant/fPontor n m Date: 2-21 -91 Signature: _._... Attorney1 ant Pitthe action Is In the Coastal Aron, and you are a state agency, complete.the Coastal Assessment Form bofore proceeding with this assessment OVER t, 100 MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary Thomas F. Moore �'j` r_ �r ! J Of Counsel f� DEC -g 2 199 December 9, 1992,10 ;JAI BY HAND Southold Town Zoning Board Southold Town Hall Main Road Southold, NY 11971 Re: Cellular One (Mattituck site) SCTM # 1000-108-4-11.002 SCTM # 1000-108-4-11.003 Dear Ladies/Gentlemen: Enclosed please find copies of the Covenants and Restrictions which have been filed in the Suffolk County Clerk's Office for each of the above referenced parcels. Very truly yours, ii %e. 00r WDM/mr Encls. 17 F- DECLARATION OF COVENANTS AND Rin-S' H( DEC 9 1992 'Phis Declaration. niade the 1 day o �`o 4 i'm IF 4 V 1992, by Willi-,lm .1. Baxter, Jr. and Patricia Baxter residing at .103,0 East Putnam Avenue, (Ircen-, ith, Connecticut, and Robert Goeller and Jane P. Gooller residing at 349 Ridge Crest. 13-20)<Ira, California (hereinafter referred to ns "Declarants") WITN UISS I:'ITI WHEREAS, Declarants are the owners in fee Sirnj)1e of 6 rtain premises situ,11,: .)t Mattituck, Town of Southold, Suffolk County, New York, describ(::d on the Suffolk Comity Tax Map as District 1000, Section. 108, Block 0,1, Uot 11.2 and itv:- rnore fully CICSCH111-11 in the attached "Schedule A" and, i F7, L . WHEREAS, the Southold Town Zoning Board of Appe.tli;,. by resolution mad- ,,I August 18, 1992 granted special exception approval to tbd Ce.1110,rir Telephone Coml,:mv d/b/a Metro One for construction ;111(1 use Of a 102 foot 1,1101iopole T.,.dio transmission lw,,1--r- 04 on property abutting the premises described in the attached Sch.cdulc A, as shown on flit-, I-ot attaclicd Schedule B and, WHEREAS, the approval was conditioned upon the Min: cif certain covemints, mid restrictions, NOW, THEREFORE, in compliance ivith the resolution Of Said Southold A ("OVII Zoning Board of Appeals, Declarants herein declare that the Luid described in Schedille 99N is held and shall be conveyed subject to the following covena:nts and restrictions which shall run with the Iand: 1. No building shall be constructed within the "fall dotvn radius" shown on the attached Schedule B to the extent such radius includes', property within the premises described in Schedule A. 'phis covenant shall not proliil)it the us<: ref die, a.ffectc.d arcs i m parking motor vehicles. 2. These covenants and restrictions can be modified only vI the request of tile, fhon owner of the premises with the approval of a majority plus one of the Zoning Beard of thr. Town of Southold after a public ITcaring. Adjoining property owl)ers shall be entitled to notice of such public hearing but their consent to such modifications shall not be re(Ild, I. IN WITNESS WHEREOF, the foregoing Declaration hrr.s been executed hy the Declarants on the day and year first above written. William Patricia Baxter STATE OF COUNTY OF On ther.�,r.t, , day of k r 1992, before me porson.ally came William J. Barter, Jr. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that. fie executed the same. Notary Public TILDA C. Fll.') Public, r2hii:l l C:a: ! lily Cnnnnission Expirc, April 2101 1996 STATE OF COUNTY OF fkl+: tr_C9, On the ���>`�' clay of 1992, before me personally came Patricia Baxter to me known to be'the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same+! Notary Public 1+L5r;1 C. FICO rn!.iry Pub!ic� Fr.irNold Casn!; LSy Commissio?L::i!irc, April 30, J996 /Robert 11. Goeller ( .14ne P. (joeller STATE OF �jK i/�.�,�'.A!I f ra COUNTY OF On the �3c �G.. day of��"r%r r>>r3w:, .., 1992, before me l*rsonally carve Robert P - Goeller to me known to be the individual described in and whi) executed the foregoing— � instrument, and acknowledged that he executed the same. Cy��!C L C4...—J �t/'.�1✓t,,. �+A.�fte�nA+,.A�.�•r!4+,�^''r*, . Notary Public GLORIA Ci>LUF. COMM. f?67.12P T Nolaty Public-California " d1i SANTA BARBARA COUNTY ' • I.Iv ccrnrn,oxpirns JUr,I IA.14,b STATE OF f,,� COUNTY On the day of ��.I �:,�Ir�r.r:�., 1992, before me f)ersonally carve Jana 11. Goeller to me known to be the individual described in and who executed the foregoing, instrument, and acknowledged that she executed the sarne'.' Notary Public GLOP!A CC)l.11l= Nolury public C'tflifot"lln S,ANIA IWMANA(-00`IIY 1 ,..1COMM. OYIAt^:,JIRJ I6,14tb r�•I r^:;,yrt.;7^.-..t• •T^,T''n'a.�.'_ .7TY'4". 1r,4 � w � i 1 F ALL that certain plot, piece or parcel of land, with the buildings ahrl improvements Hier-mi erected, situate, lying and being at Mattituck, Town of Southold, Suffolk County, Statc (d' New York, and being more particularly hounded and described his follows: BEGINNING at a monurnent located at the intersection of th(: westerly side of I.,ane and northerly side of Main Road (NYS Rt. 25); THENCE North 84 degrees 45 minutes 40 seconds,West 395.38 feet along the north- i Ik- side of Main Road to a point; THENCE North 85 degrees 36 minutes 30 seconds a distance of 91.49 feet to a monnnicni: THENCE North 85 degrees 30 minutes 40 seconds West a di.�1ance of 69.74 feet If, montnnent at the boundary of property now or formerly of Jbseplh. Neville; 11IF NCE North 23 degrees 08 minutes 10 seconds West ,122.49 feet along said land of Neville; THENCE South 77 degrees 06 minutes 00 seconds West 43.05 feet along other property now or formerly of Baxter and others to a point along the westc-rly side of Elijah's THENCE South 25 degrees 09 ininutes 1.0 seconds East 29$.50 fect along the westerly side. of Elljah's Lane to the point or place of I3LX';V 1NING. SCHEDULE Aw A i ,� � i •O I I 4 it II' PnOPU SF U 1 02' HIGH .... IMMUPULF il ICI nsF D IlIJ1.1/1MMEL1 ;. SIC- COIL F D" 1►MFIIT IN F X I S T. ULUCK 71, i z5bi ; ', I { �i- r ... J _ Imo•' �, �'1• r,, ,� ,, '� r -T_' I.� ��, ,, ,- .I ( II I)I e + r _ t� CAR K I JG ,,'I r' f `4'd'; t it,,,�; � � I �•. '`1�,;' •; f, J.fi, ,, i ,,_ .� ,i _ --.- ., ' f r I ,I. �� •.ILL'Li /i / •/ � III �. 'i(�' i i I ~— I FUTURE CON•STRUC,T 1 QM 'I, NOT PERMITTED W I TIC I LI I .r THE HALOHEO AREA; SF;ICIYf�J SCHEDULE B I if i " i I �III II I I �� I I � i. is I P f Il I I III I� ,• I i � I i �j. •�� I ,ii I � � i II f �f J; I I j I i ; I I e�or�d,i� and Return to ORE&MOOR E 15 ESTPHAUA ROAD ' N j BOX 23 t hM I"CUCK, NY 11952 I STATE OF NEW YORK) )ss. : COUNTY OF SUFFOLK) I, the undersigned, an attorney admitted to practice in the Courts of New York State, certify that the within covenants and restrictions are a true copy of same which were recorded in the Suffolk County Clerk's Office on December 4, 1992 WILL WILLTAX D. MOORE Sworn to before me this 9th ay of December, 1992 . NOTARY PU IC LYNN M. BARAUSKAS Notary Public-State of New York Suffolk County-No.472067 Commission Expires Jan.31,7 PAPAY ENGINEERING & CONSTRUCTION, INC. r 41 WASHINGTON AVENUE, HILLSDALE, NJ 07642 201-666-9510 201-768-7677 PETER E. PAPAY P.E. , P.P. EDUCATION: B. S. Civil Engineering - June 1982 Newark College of Engineering at New Jersey Institute of Technology; Newark, New Jersey LICENSES: Professional Engineer - New York, New Jersey, Connecticut Professional Planner - New Jersey PROFESSIONAL American Society of Civil Engineers - SOCIETIES: Associate Member National Society of Professional Engineers - Member PUBLICATIONS: Evaluation of Deep Embedment on Seismic Response - January 1987 . Bulletin of the Seismological' Society of America EXPERIENCE SUMMARY: August 1991 PAPAY ENGINEERING AND CONSTRUCTION, INC. to Date Alpine, New Jersey As principal, responsible for technical direction, supervision and coordination of engineering design and construction aspects of new and existing communication installations. Responsibilities include feasibility studies, preparation of design and shop drawings, expert testimony and design and analysis of new and existing sites including towers, satellite dishes, buildings and associated appurtenances. Preparation of bid documents and contracts, contractor selection, construction inspection and physical construction. April 1986 TECTONIC ENGINEERING CONSULTANTS P. C. to August 1991 Highland Mills, New York As chief civil engineer, responsible for technical direction and coordination of structural engineering programs. Performed structural design and analysis of industrial, commercial and communication projects. Also supervision of tower investigations analyses and design of new installations. Other responsibilities included construction supervision, client contact and coordination of consultants. June 1982 BURNS AND ROE ENTERPRISES, INC. to April 1986 Oradell, New Jersey As civil engineer, responsible for structural design and analysis of foundation and superstructure for the development of commercial, industrial power generation and communication facilities . Supervised subsurface inspections, sampling of groundwater and contaminated soils, performed review of geoenvironmental impact of projects and construction inspection. March 1977 PAPAY CONSTRUCTION to June 1982 Montvale, New Jersey As construction manager, responsible for construction projects, field engineers, contractor coordination, construction supervision, scheduling and construction claims preparation. S15-298-8841 MATTITUCK FIRE DIST .062 P02 MATTITUCK FIRE DISTRICT P 0 BOX 666 MATTITUCK , NY 11952 July 27 , 1992 Ms . t-,ynn Lorimer Cellular Curie Communications 15 E . Midland Ave . Paramus , NJ 076,52 Dear Ms . Lynn It has came! to the atteritiC)T-i c)-F the of Fjye- C-,,;m%jji-jjs-,ij,oj)(-j-s of the Mattituck Fire- District that- YOU)' Gr11Pa -Y iS see king g permission to inst-all a 100 " MC)T-1c) o]"I tht: F.-'<a.XL-C-r Property located on Elijah 's La . , Mattit-juck , NY I.J952 . The Board feels that this WOUld 171 the USe- Of the cellular phones now bH',inq USE'd by our dc--ipart.me'nt and eliminate some of the Spots tl-iat now exist . 1 all) sure you know , that. We US(If OUI- phones in erriergency fii-e and rescue situations and are a vit�1.1 services to the Public . ` incereIy , John M . Divello Vice Chairinan G!\ Phone 298-8833 \J\ l MATTITUCK FIRE DISTRICT P.O. BOX 666, 1000 PIKE STREET MATTITUCK, LONG ISLAND, N.Y. 11952 JUL 3 ! i991 July 29, 1991 Mr. Gerry Goehringer, Chairman Board of Appeals Town of Southold Southold, N.Y. 11971 Re: Metro One Communication Tower Dear Sir: It is understood that consideration is being given to the instal- lation of a Metro One Communication tower within the boundries of the Mattituck Fire District. Please be advised that the Board of Fire Commissioners of the Mattituck Fire District beleives that the Metro One Tower will be a vital , and necessary, link in the emergency communication system within the Town of Southold and will enhance the system' s capabilities throughout the entire County. Sincerely. John A. Ke ect. attituck Fire ist . CC: Southold Town Supervisor Southold Town Board U.S.Department Eastern Region Fitzgerald Federal Budding -`• of Transportation John F.Kennedy International At FCd@fOi AVIGtIOn Administration Jamaica,New York 11430 E X T E N S I O N ACKNOWLEDGEMENT OF NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION -------------------------------------------------------------------------- CITY STATE LATITUDE/LONGITUDE MSL AGL AMSL MATTITUCK NY 40-59-56 . 00 072-30-39 . 00 30 100 130 -------------------------------------------------------------------------- METRO ONE CELLULAR TELEPHONE CO. AERONAUTICAL STUDY GLENN WITTE No: 91-AEA-0108-OE 365 WEST PASSAIC STREET NEW ROCHELLE, NJ 07662-3015 Type Structure: ANTENNA TOWER The Federal Aviation Administration hereby acknowledges receipt of notice dated 01/11/91 cunc;erning the proposed construction or alteration contained herein. A study has been conducted under the provisions of Part 77 of the Federal Aviation Regulations to determine whether the proposed construction would be an obstruction to air navigation, whether it should be marked and lighted to enhance safety in air navigation, and whether supplemental notice of start and completion of construction is required to permit timely charting and notification to airmen. The findings of that study are as follows: The proposed construction would not exceed FAA obstruction standards and would not be a hazard to air navigation. Obstruction marking and lighting are not necessary. This determination expires on 08/13/92 unless application is made, (if subject to the licensing authority of the Federal Communications Commission) , to the FCC before that date, or it is otherwise extended, revised or terminated. If the structure is subject to the licensing authority of the FCC, a copy of this acknowledgement will be sent to that Agency. NOTICE IS REQUIRED ANYTIME THE PROJECT IS ABANDONED OR THE PROPOSAL IS MODIFIED SIGNED Specialist, Systems Management Branch - Robert P. -Alexander (718) 553-1230/1228 ISSUED IN: Jamaica, New York ON 02/12/92 APPEALS BOARD MEMBERS �� r. �'� SCOTT L.HARRIS Gerard?.Goehringer,Chairman �' ! t r �� Supervisor 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 SOUTHOLD0/1 October 8, 1992 William D. Moore, Esq. Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 1195.2-1424 Re: Cellular One, Baxter and Others Telecommunications Use and Tower at Elijah's Lane _ Dear Mr. Moore: This will confirm that the Declaration of Covenants, which was required by the Board at the time of rendering its determination, is acceptable, except however that the "in perpetuity" -clause should be added as well as a clause binding all owners, subsequent owners, tenants and assigns. Once the Declaration has been revised and recorded, please forward a® conformed copy to our office for our permanent file. Very truly yours, Linda Kowalski a a DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration made the } day of , 1992, by William J. Baxter, Jr. and Patricia Baxter residing at 1030 E. Putnam, Greenwich, Connecticut, and Robert P. Goeller and Jane P. Goeller residing at 349 Ridge Crest, Santa Barbara, California (hereinafter collectively referred to as "Declarants") WITNESSETH WHEREAS, Declarants are the owners in fee simple of certain premises situate at Mattituck, Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 108.00, Block 04.00, Lot 011.1 (p/o 011.00) and as more fully described in the attached "Schedule A" and, WHEREAS, the Southold Town Zoning Board, in Appeal No.4023 rendered August 18, 1992 granted a height variance on the property described in Schedule A to permit construction of'a 100 foot-monopole'radio-tower and, WHEREAS, the granting of the variance was conditioned upon the filing of certain covenants and restrictions, NOW, THEREFORE, in,compliance with the resolution of said Southold Town a Zoning Board, Declarants herein declare that the land described in Schedule A is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: -� ` - �a �`="� 's� s- + a���� � �a c i cd-"..-J 1. The height of the proposed accessory monopole radio tower shall not exceed 100 feet, as requested; 2. The fall-down radius of the tower shall be as submitted, with the following setback distances: a)" 95 feet from the'proposed tower to the northerly property line; r- b) 70 feet +- from the proposed tower to the southerly property line; c) 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with, this condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as the Planning Board under the site plan regulations, in order to re-consider all zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting, if any, shall be placed near the top of the tower for aircraft safety purposes and in accordance with applicable Federal Aviation Administration regulations and requirements. IN WITNESS WHEREOF, the foregoing Declaration has been executed by the Declarants on the day and year first above written. William J. Baxter, Jr. Patricia Baxter Robert P. Goeller Jane P. Goeller STATE OF COUNTY OF On the day of , 1992, before me personally came William J. Baxter,Jr. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF COUNTY OF On the day of , 1992, before me personally came Patricia Baxter to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same.. Notary Public STATE OF COUNTY OF On the day of , 1992, before me personally came Robert P. Goeller to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF COUNTY OF On the day of , 1992, before me personally came Jane P. Goeller to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public All that certain piece, ply_ parcel of land,with the buildings wL ._provements situate thereon, known as and by Lot 2 on h certain map entitled " Map of Altbratioh bf Boundary Lines prepared for William J. Baxter, Jr.,'Patricia Baxter, Robert P. Goell6r`find; Jane P. Goeller". situated at Nlattituck, Town of Southold, Suffolk County, Now York, gnd�filed in the Office of the Clerk of the County of Suffolk on Ir1I.ay 15, 1990 as File No.8937 more particularly bounded and described as follows. t BEGINNING at a point on the westerly side of Elijah's Lan*,,aid point being 298.50 feet ill f northerly from the intersection of the northerly line of the Mein lt,6ad (New York State Route 25) and the westerly line of Elijah's Lane, said point also id thc'southeasterly corner of Lot 2 as shown on the aforementioned map; Running thence S6iithj IT' 06'00" West along the southerly line of Lot 2, 489.05 feet to land now or formerly jof,iJowph Neville; Running thence North 23' 08'10" West along said land 39.46 feet to a point# Rung, ifig thence North 23' 52'10" i West still along said land find partially Plong land now or form y of the County: of Suffolk, 101,47 feet to a point; kunning thence North 709 30'50" Eaa aion,g land now or formerly of the County of Suffolk,land riow or formerly Chung Ja Choi an laid �ow'or formerly Cornelius L. Maston, 475.50 feet to the westerly line of Elijah's Lane; Rtinning itlt,once South 25° 09'10" East 197.50 feet to the point or place of BEGINNING. ! ! � I jl i i 'I SCHEDULE A PAGE 30 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 APPEAL # 4023 AND 4022SE Applicants): Cellular Telephone Co. d/b/a Metro One Location of Property: (415) westerly side of Elijah's Lane and northerly side of Main Road, Mattituck, NY County Tax Map No. : 1000=108-4-part of 11. The Chairman opened the hearing at 7:50 p.m. and read the Legal Notice and application for the record. Member Dinizio left room for this hearing. I CHAIRMAN GOEHRINGER: Mr. Smith do you have any objection if I open both hearings at the same time. I know you want to address the issue of one particular hearing. MR. ALLAN SMITH, ESQ. : I do not mind Mr. Goehringer, as long as you allow me to reserve the points made in my correspondence to you, that we have a standing objections to the opening of the Special Exception. We believe that that has been resolved and was finalized between the parties.. CHAIRMAN GOEHRINGER: Okay. Thank you. We have a copy of a new site plan that we have just received on July 27, 1992 indicating the major concerns of the Board through the prior hearing process and they are still indicated and after a discussion with .attorney Bill Moore, they shall remain and have remain, thank God. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We are all set Mr. Smith, I apoligize for the timely that it took to read the Legal Notice. MR. SMITH: Thank you Mr. Goehringer, thank you to the Board for the opportunity to again appear before you. As a preliminary matter, I have reduced the testimony of the professional that is involved in the height .issue to writing. And, I will submit his testimony and he will also speak. Additionally from a previous hearing, you had before you Mr. Papay, who is the structural engineer, although I do not intend to have him add to the testimony that he has previously made in this matter should, in the context of the height consideration, an issue arise with reference to structural safety of the tower, he can step forward and answer those questions. I will pass up his resume and Mr. Scott Fox's testimony. CHAIRMAN GOEHRINGER: Thank you. (Mr. Smith hands up papers.) 'Six is fine. You owe me one more. Oh, we do have it, I apologize. MR. SMITH: Mr. Goehringer, I would renew the motion, if you will, that is contained in various correspondence that I have sent to you over the r, PAGE 31 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. SMITH (con't.): past several months. That 'in fact, in that this is a radio tower, as has been defined by the judgment between the parties, which is now pliant as between us. That the exemption contained in your code for heights of such structures makes the hearing on a might inappropriate for this evening. In support of that, I will file with the Board several documents. One is the certification of Mr.. William Moore relating to a record of the Southold Town Planning Board relative to the review of the NYNEX tower that was built up by the dump, wherein, you will see the. following language i "height of the tower exempt from the variance under Section 100-230(d) of the Code of the Town of Southold", which is the section I have cited .to you in several pieces of correspondence. Secondarily, I will offer to you a certified copy of 'the final judgment as between the parties, ;which in its findings defines -this particular tower as a radio tower, which is the language used in that particular section. Additionally, I would offer copies of the action of the Board with reference to the NYNEX Mobile, excuse me, NYNEX Mobile Communications application with Arthur V. Junge, Inc. , which additionally reinforces the position that the hearing this evening is unncessary and inappropriate. (Hands up documents). Is the Board prepared to make a ruling as to whether or not this particular code section has absolute power? CHAIRMAN GOEHRINGER: No, I have had a discussion, well, firstly, let us go back to square one and just discuss the situation entirely. And I do feel badly, okay, and I know Mr. Baxter is here and I have known Mr. Baxter, in fact I was fighting a fire on his property and I had seen him this past him this past summer, being a member of the Mattituck Fire Department. Originally, this application came before us and we were processing the application as if we were going to approve the application. The main concern of the Board was that, we no longer had a more intensive business use, we now had a lesser intensive business use, as of the new inception of the new Code in 1989. And that's were the concern came to be. I am going into this issue. Now, from that particular point on, there was litigation. The Town lost the litigation. We are at this particular point now dealing with a reaffirmation so to speak. . When I had a discussion with Mr. Moore on the telephone approximately a week or so ago, he asked me the reason for the Special Exception, I'll get into the height in a minute, okay. And, I told him at that particular time that we would like to incorporate everything, get it all nicely done, packed up and dealt with so that we know exactly what we are dealing with at this ' particular time. And that is my particular. feeling on the whole situation. In reference to the height, I had a discussion with him on the phone, and it is the same discussion and I bring that to the record that one of the major concerns and you did a very superlative job in presenting this application the first time around. And I did feel very badly about ruling against it, okay. And you indicated the need for fire and emergency services over this telephone system. And, I realize that it's -of extreme importance in the rural area that we live in. At the time same time, being a fireman in the Town of Mattituck or the Hamlet of Mattituck for some twenty-four PAGE 32 PUBLIC HEARING SOUTHOLD ZBA 7129/92 CHAIRMAN GOEHRINGER (con't.): (24) years, I' have also gone to many plane crashes of planes that have never made it to or from Mattituck. It is not a landing field, it is not an, whatever you want to can the airport so to speak which is, and that is what our immediate concern is. I did mention that to Mr. Moore. So, ' not withstanding the fact of our opinions concerning should we be here or shouldn't we be here tonight, we're here to complete the process. I am not here to rule against this, I am not here to put stumbling blocks in the way of this particular situation. The fall down area is there, we don't have to drive to Laurelton to see the antenna, because I assume it is similar to the one that NYNEX has constructed and so on and so forth. We are merely here to ask two or' three questions and deal with that, I am in any case', I have no idea on how the rest of the Board, so I can't answer that question at this point. MR. SMITH: As long as I reserve my rights, I 'am ready to go forward. Our position is that the height issue was exempted by your Code and you respectfully disagree, that's what makes horse races. So let us go on. ' l CHAIRMAN GOEHRINGER: Does that answer, your question? I didn't want to be in a round about matter in this situation. MR. SMITH: I have answers for the questions that you have raised and I intend to share them. Going forward, I would like with the permission of the Board to incorporate the testimony of the prior proceedings into this proceeding. CHAIRMAN GOEHRINGER: No problem. MR. SMITH: I have provided you with a certified copy of the Order.. I should offer, although I sent down to you by hand, the drawings S1 and S2 that came to evidence to this' hearing. Lastly, I would share with you the FEA determination, which was an open issue last year and has since been decided. I guess that while I am introducing things, the other thing that I would put in and I .am not sure I put it in this stack, but I will get it for you. We do have a letter at this time from the Mattituck Fire Department confirming the advice that I gave you in the earlier hearing relative to the telemetry of the head, I guess it is the head of rescue. CHAIRMAN GOEHRINGER: And the ambulance. MR. SMITH: And .ambulances; Last time I did this verbally, -this time I put it in writing. CHAIRMAN GOEHRINGER: I had discussed that issue with the Chief, who at that time was Norm Reilly and he had indicated me, of course, we have a new chief, Chief George Lessard and he -had indicated to me that since the construction of the antenna at the Highway Dept, the Fire Department has not had a problem with transmission. PAGE 33 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. SMITH: The experience that has occurred; although I am not a witness, I am a volunteer, the experiences that have occurred and one we have needed the celluar services have been on those occasions of having to establish a command center, such as for the brush fires over on Riverhead-Moriches Road for the Eastport Fire House and/or with reference to those, volunteer ambulance services that provide a AEMT services. and they need the telementry all for the EKGs through the County system out to I believe it is South Side or Mather, where they get obstruction on dealing with heart patients.. With that being said, I will introduce you to Mr. Scott Fox, as you can tell from Mr. Fox's resume, he is the chief of engineering and can explain to you the issue of height as . it relates to this type of a service. Mr. Fox would you explain to these folks how. this works, why it has to be the height it has to be. I MR. SCOTT FOX: Good evening Mr. Chairman , and members of the Board, just in very simplistic and to start the discussion I wanted to just reiterate, I know it has been on some of the prior record, but just in very simple terms, celluar telephone is based on a ,radio technology. It is very much radio based. ' Radio waves at the frequency that we are talking about travel line of sight. In our business, unlike many other businesses, we, the optimal height of the antenna is critical to the success of this system. And by optimal I don't mean the higher the better. In our case, we need to be at a certain height, that is high enough to provide coverage of the community, yet not too high so as to cause unwanted coverage, which we would refer .to as interferrence into adjacent communities. Basically, celluar again works on the premise, I think you probably heard the term in previous testimony of frequency reuse, where cells sitting right next to one another use different frequencies; and maybe the next cell over uses yet another frequency. And the next one . uses that same frequency again. So basically, again height is a' critical requirement for the proper design of the celluar system. In our case, I am very, very much familiar with this case, the design criteria is to provide what we call overlap with the adjacent cell which is the Peconic cell site. We also refer to this as Southold Cell Site to the northeast of this location. It is about' four point two (4.2) miles, I believe from the Mattituck Cell site. Again, the design criteria is to provide just enough signal strength so that there is sufficient. overlap to ensure a hand-off to the next cell. And, one of the things that I wanted to stress this evening is that again unlike other technologies, it's in our best interest not to be too tall. - Too tall is bad for us,. and so we have every incentive to be at and designed for just high enough to provide what we call. that effective hand-off. As you are traveling from community, or as you are traveling down a roadway, or as you are walking from place to place, as you walk away from one cell site, the signal tends to fade, very much as if you are driving outside of the coverage area, say from a FM station. The signal gets weaker and weaker and weaker to the point where . it becomes unintelligible and it no longer provides the information that you need. At celluars designed such that the next cell site provides a hand off PAGE 34 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't.): and allows that continuous conversation to go on. As part of my submittal for the record before each of you is part of our analysis. The engineering process is an iterative process. We start at low heights, we look for again, the optimal coverage, yet we don't. go beyond where we can achieve that objective. In the case of this, there were a number of enervative steps through the process, but for the sake of the explanation this evening, we've detailed four separate cases. We've looked at the -Mattituck Cell Site operating at thirty-five (35) feet. And it is clear from our analysis and also again the, attachments to my presentation this evening, which you have in front of you, that it does not provide proper overlap with the adjacent cell sites. The _next case has shown there is an analysis performed at fifty (50) feet, again it, is very clear through the analysis, not quite enough coverage for the purpose of this cell site. Seventy-five (75) feet again, the same case. And then if you look, again it is Exhibit"A", I believe in the package. It is the one on top, you can see the coverage shown for the hundred foot proposed height. To us this is the optimal height, we do not require any more than a hundred feet to effectively provide a quality signal to the community. And it truly will not work to the quality levels that we need to provide to the community at anything less than one hundred (100) watts. Thank you. CHAIRMAN GOEHRINGER: Whom might I ask in the field of endeavor that you brought for us, the question of any disturbance caused by this transmission tower. MR. FOX: I would be glad. CHAIRMAN GOEHRINGER: We are, of course, in the world today of the East End and I can remember thirty (30) years ago and we did not have Cablevision, and that is the reason why one of our members has left because he does work for a cable organization, alright. And some people still have regular antennas on their houses, some of them have FM antennas, some of them CB antennas, _ and so on and so forth, okay. Is there any interference with these? MR. FOX: That is a very good question. The FCC gave that very very careful considersation when allocating us the frequencies that we operate on. . We take great pains to properly -engineer our system. I can state, just by way of example, I hope this would address the concern. Interference can happen, however, we are currently operating well over six thousand (6,000) transmitters within the New York/Metropolitan area 'with no known reported cases of interference. And we as a matter of fact have a letter from the Federal Communications Commission stating this. It is part of the mandate of our license that we operate on an interference free basis. And, again, it's attributed to the engineering and as well as the setup. And the designation of the frequencies by the PAGE 35 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't.) :Federal Communication Commission so as there is no overlap between adjacent services. We have our own unique frequency on which we operate we are the only ones allowed to operate on it, and we maintain as required by our license very, very strict tolerances to those operating parameters. It's just day to day business, it is what we do. CHAIRMAN GOEHRINGER: Two other quick questions, the approximate or the exact height of the tower itself is one hundred and four (104) feet? MR. FOX: No, to the tip of the antennas, it is one hundred (100) feet. To the very top of the highest point, it is one hundred (100) feet even. One hundred (100) feet, nothing more than that. It's a . very highest piece on the structure. CHAIRMAN GOEHRINGER: I don't know if it was NYNEX or if it was Celluar One, we are referring to as Celluar One now or Metro One, or doesn't make any difference. MR.SMITH: Same nose and face. CHAIRMAN GOEHRINGER: We have two antennas that are going up like this on one or two of these units, is this similar to the one that would be constructed here. MR. FOX: Not in this case. CHAIRMAN GOEHRINGER: It will be a flat top. MR. FOX: It will be a flat top, it does not have, like the night . . . I observed the NYNEX tower, they do have an antenna protruding ,from the top 'of the structure, not at all is the case. We have nine (9) antennas around the base of the structure, that is it. CHAIRMAN GOEHRINGER: Similar to the one in Calverton or somewhere up the Island. MR. FOX: I am not familiar with that one. CHAIRMAN GOEHRINGER: Okay. And the wind resistance--150 mph wind? MR. FOX: Mr. Papay is here to address any of the concerns therein, I believe, that it's spoken to in the past, however, I am not the expert there. CHAIRMAN GOEHRINGER: Very good. Thank you. MR. FOX: Thank you very much. MR. SMITH: Do you want me to have Mr. Papay address the. . . . PAGE 36 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: Yes, just address that for anybody here that is interested. MR. SMITH: Mr. Papay I believe was sworn the last time he was here. He is a professional engineer of structures. It is his type of thing. MR. PETER PAPAY: Good evening. As I had stated previously, the design of the manifolds or other towers supporting antennas is decreed by a national standard. It has ' been adopted by the American National Standards Institute. It's entitled., actually .it is numbered 222 current division Where they set forth the design speeds for the design of tower's manifolds. For this portion of Long Island, the design wind speed, or sustain speed, now would be 85 mph. Celluar One has opted to design air towers or manifolds for a wind speed of 100 mph. These wind speeds are not gusts,. these wind speeds are sustained speeds or the wind that would occur over a mile or more in time or distance. It will sustain gusts of higher than 100 mph and that is incorporated within the design itself. Due to conservative and the mechanics of design, it will sustain winds of even greater than gusts of over 125 mph. CHAIRMAN GOEHRINGER: Thank you very much. MR. PAPAY: Your welcome. MR. SMITH:Mr. Goehringer, the young man that gave you the engineering ease, he said it differently the last time we were together, I believe we asked him whether or . not could it blown over, he said, of course anything made by man can be blown over, but that our concern at that velocity is not the tower coming down, it's your neighbor's car blowing through 'the side of your . house. So, they are built to withstand the hurricane forces that we may see out here on Eastern Long Island. I would like the professionals answer any other questions you may have. CHAIRMAN GOEHRINGER: My only other; I have -two other quick concerns that maybe you might not want to sit down, .but then you can address them. Assuming that some time in the future, Metro One/CeRuar One no longer wanted to lease this property, what would happen to the tower? And what would be the timely fashion of removing it? MR. SMITH: Yes, I can probably .address that. I like to, yours is not the technology question, but it is the lease that he may have with Mr. Baxter's finite. I believe that this particular lease, although I'm not sure I drafted it, it is a ten (10) plus ten (10) or twenty (20). The lease language states that the tenant will restore the property to it's condition prior to their entering onto the property. I'm not sure if Mr. Baxter or his heirs would want us to put it back the way it is today, but I can assume that the tower would come down and the building would be restored without the equipment in it. CHAIRMAN GOEHRINGER: And the only other concern I have is that little r PAGE 37 PUBLIC HEARING SOUTHOLD ZBA 7/2.9/92 CHAIRMAN GOEHRINGER (con't.): word in the Code which refers to primary, secondary. Would we construe this to be a primary use on the property since it is the newest use, or the use that will be continually used? Or would we construe this as an accessory use? MR. SMITH: Well, I'm not sure which it is, because it is not an issue that I've analyzed for this particular presentation. I can only say that the use of the property, now as a Special Exception use, is the issue that we have already been through in this particular instance. And whether we have done it rightly or wrongly, I don't think fault to right or wrong is the issue, that is behind us. The property is identified as a property upon which its use can be, however characterized and the remand of dusty soil, is for the puposes of considering height. And beyond that, I am not sure I can comment. In the abstract, I. could- analyze for you those things. As a professional, I don't have to here. I have a decision, I have a judgment, the judgment is final. It is not a question anymore. Thank you sir. CHAIRMAN GOEHRINGER: Thank you. I will be right with you 'sir. Does anybody have any questions of either one of these or any of these people? MEMBER VILLA: Yes, I was looking at, the attachment, Exhibit "B" I guess it is, Attachment "A & B" where you've got the different heights, diagrammed here with the towers with at one hundred (100) feet and seventy-five (75) feet. It doesn't really appear to be that much difference between the hundred foot and the seventy-five (75) foot coverage, you still .have areas that aren't covered by either. And what surprises me is you say you don't want to much overlap and. yet, with the seventy-five (75) foot height, you come right up to the Southold cell, With the hundred foot height, you really don't show any more coverage to that east side, which doesn't seem to make much sense. It would appear to me that the seventy-five foot height would pretty much satisfy your desires here.- MR, FOX: I would be glad to address that I don't know if. . . If you look closely and again, our design criteria is the minimal height necessary to meet our criteria. If you look very closely at the seventy-five (75) foot- model, you can see that there is a stretch along Route 25 that does not meet the criteria. Also, I would say that again the contours are shown, they are. not circular, as you might expect from a set up like this and that is because of the varying terrain. Terrain . obviously limits radio. And so, it is not.possible to cover everywhere you want to. We can't control the laws of physics and get the signals to go exactly where we want and exactly where we don't want them to go. But, I can' tell you though very specifically, the decision looking at the seventy-five (75) feet is that there is a stretch of Route 25 that just is not covered, just does not meet the criteria. If you go upwards from that, just -a bit more to. the hundred foot level, again,you. can see by the Exhibit"A" that that criteria is met through the communities major, major highway, where the majority of the traffic is at least and PAGE 38 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't): emergency vehicles predominately travel. As well as, again overlap between cells is not by itself undesirable. What the objective there is there is really no need for too much of it, anything beyond that becomes undesirable. So then to answer your question directly, if you look closely at Attachment "B", you can see that the Neg 85 DBM contour which. this represents, just doesn't quite match up there. North and south, again, we could go higher to' cover those areas and cover everything, but it gets to the point of diminishing returns, it gets to the point of where it starts interferring .in other areas. And, so it is a process of trade offs in the engineering criteria. And, again I would state it's very clearly in our benefit to design just up to the height necessary to cover the target area. So, again, you can see the differences between-the two. MEMBER VILLA: That leads to a question--what would be the minimum height that you need to cover that gap on Route 25? Twenty (20) feet off the tower would possibly bring it down almost a tree height, which would be less visibility. We're in a rural atmosphere, and we are trying to keep it that way and you are starting to spring these towers up all over the place. And, you know, .we are going to end up looking like windmill farm. MR. SMITH: Mr. Villa so that we don't get an assumption in here that may or may not be correct. * In asking Mr. Fox to prepare for this evening, I had him focus because we were talking about Southold and Southold people, but providing service with the south. You see to do the map modeling for you relative to the given site, you need Southold, which is Peconic. You gain the advantages of .Southold folks probably the tower at Northville, it was involved with the Laurel side of the line. I understand your concern, but to adequately address it and if you want to talk about dropping the tower height, you have to also ask what the effect of that may be with reference to the tower to the west. I am not cutting him off, but he should be reminded that although I have asked him to couch his testimony in terms of Southold Town, in answering this question what you do in going from a hundred to ninety-five, ninety-eight (95, 98) whatever, has an effect upon the coverage and/or the efficiency required by his licenses to the west. And with that caveat I have a little problem with his answering the question. MEMBER VILLA: Well, to throw it. back in that aspect, I would like to see the coverage then from .the west and how it effects this cell as well? (Tape changed) MR. FOX: -Well, again, it is a very good question, and I appreciate council indicating as is very much the case, celluar design is very, very complicated. Not overly so, such that professionals can deal on the field can understand it very straight forward. However, in this case it's not possible, looking at the situation and the situation within Southold, we need sufficient overlap to hand off between cell PAGE 39 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con.t.) . sites. To go below one hundred (1.00) feet, falls below the design criteria for the quality which we are required to provide. There are again certain tollerances in this criteria, however, it would not be in the community's best interest or ours to construct a single cell site within the community that doesn't serve the community at really what is known through the industry as an acceptable level of signal strength. Further, again we could easily argue that we could lower the height of any towers, that is possible, I have been asked that many other times, can you lower that tower, the answer is yes. But, to provide the. same quality of service as mandated by the FCC, it would require additional_ towers, additional burden to the community to have to go through a similar hearing as this. The issue is, I think, very straight forward for us, .from the engineering perspective. At this particular height, at this particular location to provide a quality signal to the location, to the target areas here, we do need to be a hundred feet. It takes more to build a higher tower, it costs more. We are very, very much sensitive. At Celluar One are part of the communities' all throughout the areas we serve. We're sensitive to these issues, we are sensitive to the community. We understand that the lower the better. That is in our best interest, the lower the better. And this is thoroughly been looked at. I can assure of that. It is a very very ,good question. MEMBER VILLA: Isn't this designed although for a hundred, foot pole to standard kind of design? MR. FOX: I don't know what you mean by that, a standard kind. ... . MEMBER VILLA: I mean a hundred foot is one of your standards that you use. MR.. FOX: Not necessarily, not necessarily. You know, even numbers tend to work out, it could have been. . . . Again, we are talking about degrees of differences. It could have easily have been a hundred and five feet or ninety-nine feet, but, again, I am not exactly sure how many different iterations were looked at.. But, again, as shown by the Attachment "A", -it does meet the criterion. If we could go lower and trust me in . when I say that we would, because of the cost and the time, and all of the other issues, but from the engineering prospective', again, one of the objectives is to. .cover the main roads, the community in which we serve and the hundred feet level meets that objective and that criterion. CHAIRMAN GOEHRINGER: . Thank you sir. MR. FOX: Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody else, I know you. want to ask a question back there sir, I will be right with you. Oh, you don't want to ask a question, oh okay. Is there anybody else who would like to PAGE 40 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER (con't.): speak in favor of this application? Anybody like to speak against this application? Any, further questions from any Board members? Hearing no further questions, I will make a motion closing the hearing and reserving decision until later on both hearings. MEMBER GRIGONIS: Second: All in favor - AYE. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 7/29/92) 1 O PLANNING BOARD MEMBERS y Z SCOTT L. HARRIS p Supervisor Bennett Orlowski, Jr., Chairman y • �� George Ritchie Latham, Jr. a0 � � Town Hall, 53095 Main Road Richard G. Ward P.O. Box 1179 Mark S. McDonald Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD (� ti:1 MEMORANDUM JUL 2 4192 i 1 TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman &D.?'//5 RE: Cellular Telephone Co. d/b/a Metro One SCTM # 1000-108-4-11. 3 DATE: July 22, 1992 In response to your recent request for Planning Board input, we have reviewed the site plan. Our comments are as follows: The Planning Board is concerned about the aesthetic impact of the monopole on the residential neighborhood to the north. Also, the site plan is missing some required information. These elements of concern will be addressed during the Planning Board' s environmental and site plan review. 4 Allen M. eSmith / q� �� Attorney and Counselor at Law 0 \ 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 'Z227-39 Riverhead, New York 11901 2 fax (516) 727-3950 July 17, 1992 L; 12 ow S D •��. 2 01992 Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application No. 4022SE Dear Mr. Goehringer: I thank you for your letter undated and the enclosure therein (copies of which are enclosed for your reference) scheduling the above referenced for Wednesday, July 29, 1992 for 7: 50 p.m. If the purpose of this hearing is limited to your Board's receipt of a copy of the Judgment signed by Justice Doyle and entered April 15, 1992 such that your Board confirms that "the criteria for a special exception approval pursuant to the Southold Zoning Code have been met and that the proposed radio tower is permitted pursuant to Section 100-31(B) (a) of the Zoning Code of the Town of Southold", I have no objection to the same. If the Notice is an attempt to reopen this application, I object to the same. The judgment is final between the parties and is dispositive of the Special Exception use on the basis of the record before the Court including all drawings, testimony, stipulations, etc. It is my client's position that we are before your Board pursuant to the last decretal paragraph of the judgment to consider the height issue and the height issue only. The height issue and our exception to the hearing on the same has been the subject of earlier correspondence. C truly yours, Allen M. Smith AMS:TWS Enc. cc: -Diane Amedeo William D. Moore,- Esq. SUFFoc��, APPEALS BOARD MEMBERS �O�'o SCOTT L.HARRIS Gerard P. Goehringer,Chairman c y�c Supervisor Charles Grigonis,Jr. y z O Serge Doyen,Jr. O �� Town Hall,53095 Main Road James Dinizio,Jr. 1 P.O.Box 1179 Robert A.Villa '0,( �0� Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure r APPEALS BOARD MEMBERS �'�� ✓\\\ SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman �I� .....ZiS i. Charles Grigonis,Jr. _ _ z Serge Doyen,Jr. ' :. . Town Hall,53095 Main Road ti James Dinizio,Jr. p-+, �', P.O.Box 1179 , �� ' Southold,New York 11971 Robert A.Villa � � Fax (516)765-1823 Telephone(516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING 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, New York 11971, on WEDNESDAY, JULY 29, 1992 commencing at the following times: 7: 32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239. 4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle-, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. Page 2 - Legal :ice " Hearings for Juiy 29, 1992 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4023 - CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (#415) Westerly side of Elijah' s Lane and the Northerly Side of the Main Road (NYS Route 25) , Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 7: 50 p.m. Appl. No. 40225E - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: ( #415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25) , Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13 , 1992 Notice of Disapproval issued by the Page 3 - Legal Notice Hearings for July 29, 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239. 4B for approval or recognition of lot with a substandard size of 15,285 sq. ft. , lot width (frontage) along the Main Road 76 . 46 feet, and lot depth 125 .0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8: 15 p.m. Appl. No. ' 41175E - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8: 25 P.M. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road) , Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30. 1 (previously 30) . 8: 30 p.m. Appl. No. 41195E - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant) . Special Exception to the Zoning Ordinance, Article X, Section 100-101B( 12) for a permit Page 4 - Legal Tice Hearings for July 29, 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655-- Main Road (NYS Route 25 ) , Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30. 1 (prey. 30) . 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25-) , at Arshamomoque near Greenport, (abutting properties of Hollister` s Restaurant, Mill Creek Liquors, The Pottery Place, etc. ) ; County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9: 00 p.m. Appl. No. 4072 - Appl. No. 4072 - VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for Permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; Page 5 - Legal Notict Hearings for July 29, 1992 Southold Town Board of Appeals County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desiring to be heard concerning these applications. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x 'E- AL W2 D _j? —e�— ��---�.�'���z_�'t°Ala �- .�- — 4 t4 fiZ7 —64A) ----r--4- 1111111611"PI el 000l PLANNING BOARD MEMBERS r ^ri �,�fi %� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ® ,6'� :" ` 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 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 � � RF `� s- july 22, 1992 -�--� William D. Moore Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Re: Proposed Site Plan for Cellular Telephone d/b/a Metro One W/s Elijah' s La. , 299' N/o. SR 25, Mattituck, N.Y. SCTM # 1000-108-4-11.3 Dear Mr. Moore: Our review of the above-noted site plan application shows that this application is incomplete, meaning that the site plan. is missing information required by the Site Plan ordinance, and it states incorrect information. A revised set of plans are needed before the Planning Board can proceed with its review. The following list is intended to assist you in completing the application: 1. The site plans must. be at the 1" = 20' scale. 2. An elevation drawing of the proposed facades of the concrete block building is needed. The drawing should indicate exterior colors and materials for the sides and the roof. 3 . A screening and landscaping plan is needed. This plan must show how the concrete block building and the tower base will be screened from view of the adjoining residences to the north. Further, Section 213 of the Zoning Code requires a twenty foot buffer between the Light Business and residential zones. 4. Parking calculations and correct dimensions of spaces. shall be shown. The minimum allowed dimensions for a standard parking space is nine ( 9) by nineteen ( 19) . r\ f ry A handicapped space in accordance with the requirements of the American Disabilities Act is required also. 5. Indicate on the site plan the radius within which the tower may fall. 6. A sketch of any proposed sign and its location should. be included with the revised site plan. 7 . The required front yard setback is 601 , not 301 . The required side yard setbacks are 20' and 251 . 8. Show the location, type and wattage of proposed outdoor security lighting on the revised site plan. All lighting must be designed so that light does not shine off the site. Pole heights of a maximum of twelve. (12) feet are preferred. 9. The proposed use of the existing barn Upon receipt of all of the above-noted information and items the environmental review will start. Sincerely, Bennett Orlowski, Jr. Chairman cc: Zoning Board of Appeals : Building Department WF0 APPEALS BOARD MEMBERS ';>' "� SCOTT L.HARRIS r ti Supervisor Gerard P.Goehringer,Chairman �� .4 Charles Grigonis,Jr. Wt; Town Hall,53095 Main Road Serge Doyen,Jr. e� ,. , „^ .,� ,,.�.,� � 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 July 9, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Application(s) of Cellular One (Metro One) Interpretation, Variance for Height and Special Exception Dear Mr. Smith: - As confirmed recently by the town attorney's office, the appeal on the above Article 78 proceeding was not perfected within the time limitations. The Building Inspector has confirmed that his Notice of ' Disapproval concerning the need for an interpretation on the height issue is still in effect. Assuming that you wish to proceed with the Appeal on this interpretation request, we have calendared the applications for public hearings to be held on Wednesday evening, July 29, 1992, as well as the Special Exception concerning the use of the tower. The exact time of the hearing(s) will be confirmed within the next couple of days by way of a copy of the Legal Notice as published by us in the official newspaper (Long Island Traveler-Watchman) . Very truly yours, GERARD P. OEHRINGER CHAIRMAN Alen M. eSmith -f Attorney and Counselor at Law 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 727-3947 Riverhead, New York 11901 Fax (516) 727-3950 V � July 1, 1992 JUL `n6� �i I Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: ; Application of Cellular One (Metro One) Dear Mr. Goehringer: I am advised that there will be no appeal of the judgment previously mailed to you. I respectfully request that this matter be restored to your calendar. Very truly yours, Allen M. Smith AMS:TWS cc: Harvey Arnoff, Esq. Matthew Kierman, Esq. William D. Moore, Esq. Michael Gerard ME 0 Allen M. e5mith - `! i � � { ' , JUN 151992 !Attorney and Counselor at Law 1 737 Roanoke (Avenue, Post Office Box 1240 Tel: (516) 727-3947 Riverhead, New York 11901 Fax (516) 727-3950 June 12, 1992 Mr. Gerard P. Goehringer Chairman Southold Board of Appeals 53095 Main Road Southold, New York 11971 Re: Cellular One (Metro One) Dear Mr. Goehringer: I am in receipt of your letter dated June 8, 1992 . Please be advised that there is no appeal pending from the judgment herein dated April 2, 1992 and entered April 15, 1992 directing that this matter be restored to your calendar. Notice of entry was served on the Town Attorney April 17, 1992 . No notice of appeal was served within the allowable period. I respectfully submit that this matter should be considered by your Board as directed by the judgment. Very truly yours, Allen M. Smith AMS:TWS cc: Harvey Arnoff, Esq. William D. Moore, Esq. Michael Gerard F Oil;re APPEALS BOARD MEMBERS A SCOTT L.HARRIS Gerard P.Goehringer,Chairman r r^ z ;` Supervisor Charles Grigonis,Jr. A� , 6,. t._ ,... ,, f.. .?3 Town Hall,53095 Main Road Serge Doyen,Jr. � _. P.O.Box 1179 James Dinizio,Jr. ;Y o Robert A.Villa Southold,New York 11971 Fax(516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 24, 1992 Mr. Allen M. Smith;, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901 Re: Appeal No. 4022SE - Metro One Dear Mr. Smith: Please find enclosed a copy of a memo this office received on the above referenced matter. Sincerely yours, Lorraine A. Miller lam Enc. 7 APPEALS BOARD MEMBERS �►'`SIT,yL '.,i ��� SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. COD y ,� Town Hall,53095 Main Road Serge Doyen,Jr. ` . M ~ P.O.Box 1179 James Dinizio,Jr. ` 1� 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 June 8, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Your Letter of May 27, 1992 - Cellular One (Metro One) Dear Mr. Smith: This letter will confirm receipt of your letter requesting that the above matters be restored to the meeting calendar. Before re-advertising this matter for the hearings calendar of our June 30, 1992 meeting, it will be ne.cessary_ to receive authorization from the Town Attorney.' A copy of this letter was not forwarded to Mr. Arnoff, and it is possible that this matter has been, and may still be, the- subject of an appeal by the Town of Southold. We expect to consult with the Town Attorney shortly upon his return and receive a response on the status of the outstand- ing appeal within a short time. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Harvey A. Arnoff, Town Attorney jL `illen a-T. �mif h _\`Lot-iicv Lind COUn,,�clor at. La��, L37 Q03I,OkC A1°CI1LIC, 005t. OfTICe. I�OX 1? 0 Tel: (Lilo) 72'-3947 Qlverhead, Nkw York ll90t Fax (516) 395x May 27, 1992 Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application of Cellular One (Metro One) Dear Mr. Goehringer: ' Please find enclosed a true copy of the judgment in favor of Cellular One. I call to your attention the remand provided for in the last paragraph of the judgment. I hereby request that Cellular One's applications be restored to your agenda as directed by Justice Doyle. I further submit that Section 100-23-0 (D) (1) of the Southold Code is dispositive of the height issue and that a building permit should be issued. I thank you in advance for your attention to this matter. Very truly yours, Allen M. Smith AMS:TWS cc: Michael Gerard William D. Moore, Esq. ;•-..,.:-.:.,:, - R CR c At a 6 Term o f the Supreme Court of the State of New York held in and for the County of Suffolk at the Courthouse thereof Griffing Avenue, Riverhead New York on. the Z day of He—=t 1992. PRESENT: HONORABLE ROSERT W. DOYLE Justice CELLULAR TELEPHONE COMPANY - - - - - d/b/a METRO ONE, Assigned to: Petitioner, r Robet W. Doyle, J.S.C. _ L _ JUDGMENT - GERARD P. GOEHRINGER, Chairman Index No. 91-17944 CHARLES GRIGONT_S, JR. , SERGE DOYEN, JR. , ROBERT VILLA, JAiMES DINIZIO, JR. , constituting the SOUTHOLD TOWN ZONING BOARD OF APR 1 5 1�� APPEALS, ENTERED Respondents•- - - AT: Upon reading and filing herein the Notice of Petition dated .September 5, 1991; the Petition verified September 5, 1991; the affidavit of Diane Amedeo sworn to September 5, 1991; the affirmation of Allen M. Smith dated November 18 , 1991; the affirmation of William D. Moore dated November 20, 1991; the affidavit of C:iristopher Resavv sworn to November 13 , 1991; Petitioner's Memorandum of Law submitted November 20, 1991 and supplemented by letter dated February 4, 1992, all in support of the Petition; the Return; Respondents ' Verified Answer verified October 23 , 1991 and the affidavit of Gerard P. Goehrincer sworn ' on to tre Petition and this to October 23 , 1991 in oppos prxesding hav=ng been submitted to the Court- and the Ccur-_ having . rendered its Memorandum decision dated February 11, 1992 . NOW on motion of Allen M. Smith, Esq. and William D. Moos of counsel, it is ORDERED, ADJUDGED AND DECREED that _ .—s Petition is granted and it is FURTHER ORDERED, ADJUDGED AND DECREED that Respondent's determination numbered 4022 is annulled and it is FURTHER ORDERED, ADJUDGED AND DECREED that Petitioner is determined to be a public utility, the criteria for a special exception approval pursuant to the Southold Zoning Code have been met and L:zaz the propcsed `redio tower is permitted pursuant to Section 100-31 (B) (1) of the Zoning Code of the Town of Southold and it is FURTHER ORDERED, ADJUDGED AND DECREED that this matter is hereby remanded to the Respondent Board for consideration of the remaining portions of Petitioner's application. ROBERT �ry j J. S. C. ly FILED APR, 15 1992 EDP ARD P.RCAWNE CLERK OF SuFFO(x COUNTY v(� Allen M. eSmith Attorney.and Counselor at Law 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 727-3947 Riverhead, New York 11901 Fax (516) 727-3950 June 8, 1992 Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application of Cellular One (Metro One) Dear Mr. Goehringer: I am advised by my co-counsel that this matter has been scheduled for a hearing June 30th. I appreciate this action by your Board. However for the record I wish to take exception that this hearing is being held in light of Section 100-230(D) (1) of the Southold Code cited in my letter of May 27, 1992. In furtherance of my position, I enclose a copy of the Building Department's Notice of Disapproval dated March 14, 1991. Please note that the Building Department's position is stated that the application "may" need a height variance. The Town records show the height variance is not needed. Please review your decisions in appeals numbered 4058 and 4062 entitled NYNEX Mobile Communications with Arthur V. Junge, Inc. (a copy of which are enclosed) . Height was not an issue. The obvious reason is Section 100-230 (D) (1) . I respectfully submit that the variance scheduled to be heard June 30, 1992 is not necessary under the Southold Zoning Code. atruly yours, Allen M. Smith AMS:TWS Enc. cc: Michael Gerard William D. Moore, Esq. TOIVN OF SOUTHOLD DUILDrNG DEPARTMENT TOWN CLERK'S 01'FIC1r SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To Date . . . ,Ott-" , . • . .7. .. .LX 4mvu. . . . . . . . . . . . . . . . • . . . . . , , PLEASE TAKE NOTICE" that your application dated . • , . , „ 91 for permit to ° . g4.".. , !`, - R . �Location or Property , . ,, , ; ' ;; ' ' 'blouse iVo. ' ' ' ' ' 'R ';�; • •s,r.,f . , ,1 �,� 5rraoi . . . . . . . . . County Tax Map No. 1000 Sac:tion . . . . . Block . . . . . . . Lot . t'J. . . . . . . . . _ Subdivision . . . . . . . . . . . . . . . Filed Map No. . ' Lot , is returned herewith and disapproved on the following grounds . .��,'k7AtQ . . . . ISM' r • . • • • • . • • • • • . • . • . ♦ • • • . . . . • . . . . . . . . . . • • • • • • • • . . . . • • • r • • • . • • • . • • • • . • • . • • . . • . • • • • r • • • . • . . . . . . . . ,gag Ins'Pe ctox. . . . . . . RV I/e0 SCOTT L. HARRIS . Town Hall, 53095 Main Road SUPERVISOR cm = P.O. Box 1179 Southold, New York 11971 FAX (516)765 - 1823 4 TELEPHONE(516)765 - 1800 BOARD OF APPEALS : OFFICE OF THE HOARD 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 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 accessor_y-staraq�building, and (b) from the northerl�i^ rear yard of 39+- fee_t_.a-nd from the westerly side yard at(21+_ eet for the 'f-eundation of the proposed monopole tower .Page, 2 - Appl. No. i58 Matter of NYNEX MOBILE 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 11/7/911; (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 r 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 i n t Page 3 - Appl. No. !8 Matter of NYNEX Mobile Communications/lunge Decision Rendered November 21, 1951 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, ��8 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 Mobl.i Communications/lunge r 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 ��Er'EIVED AND FILED BY ThE SOUTHOLD TOWN CL:Ei3Iti DATE 31 HOUR -3oq�h Town Clerk, Town of Southold J ! APPEAL,560ARD MEMBERS FFO(�CO SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman �� y Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. O 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 and documentation 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 parcel is improved with an existing building and uses which were the subj"ect 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, 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 , 1991 Matter of NITNEVARTHUR JUDGE, 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 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 upon 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: Page, 3 - November 1991 Matter of NyNEVARI'L�PjR JUNGE, INC. Decision Rendered November 21, 1991 (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. structure for computer equipment storage, and (_.transmitting/receiving antenna-tower structur R] 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 100-130 of the Light Industrial (LI) and Light Industrial-Office (LIO) Zoning Provisions i authorize this type of telecommunications use by Special Exception. The use of this proposed monopole tower and ' y gPipment storage._�u_i __J a _ wou d-include, to ^some accessory e — ext-qrr��e--hone exchanges. Although a telephone exchange is listecl-*-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: c _ ' page 4 - Appl. No. �' 3 2 ' Matter of NYNEX Mobyys Communications/Junge 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, with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance and the fact that the property is bounded on the north by the Town Landfill, south by a major dual-lane highway, and bounded by other properties also located in the Light-Industrial Zone District. 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. 62 Matter of NYNEX Mok�-L-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. 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 f RECTIVED AND FILED BY THE SOUTHOLD TOW14 CLERK DATE/�)-A / 9/ HOUR /0 :/o A(7 Town Clerk, Town of Southold ,. ronh�rui.3 TO1VN OF SOIJTIIOI,D BUILDIN(; DEI'AIMMENT TO1VN CLERK'S OFF ICE SO UTHO LD,N.Y. NOTICE• OF DISAPPROVAL Datc . . . . . .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 JULY 91 S .REC. AUG. 13, • 19 91. . . for permit to CONSTRUCT MONOPOLE. RADIO. TOWER & EQUIPMENT BUILDING Location of Property 21855 COUNTY ROAD 48 CUTCHOGUE, N.Y. . House No. at . . . . . . CountyStreet � � ' • � � • � � � � ' • � � � -Nanrler Tax Afap No. 1000 Section . . . , 96. , , , , • • • Block . : . , , , , • . Lot .19' "Subdivision . . . . . Filed blap 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. I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ACTION. REQUIRED BY THE ZONING BOARD OF APPEALS. AND. . . .SITE. . .PLAN. . . .APPROVAL. . . . . . . . .IS. . . . REQUIRED BY. THE PLANNING BOARD. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . o.. . . . . . . . . ... . . . . . . . . . . . . . . .. . . . . . . . . . o : . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' - • - : . . . . f•l.l. 7 7 . . . . . . . . 'I`li4lifig In'-pcctor THO�IAS J. FISHER RV 1/80 Allen M. (Smith U► ��� Attorney and Counselor at Law \� � 737 ID-oanoke Avenue, Post Office Box 1240 Tel: (516) 727- 47 Qiverhead, New York 11901 Fax (516) 727-3950 �nMAY a�c�, f G May 27 1992 8 1992 y � � Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application of Cellular One (Metro One) Dear Mr. Goehringer: Please find enclosed a true copy of the judgment in favor of Cellular One. I call to your attention the remand provided for in the last paragraph of the judgment. I hereby request that Cellular One' s applications be restored to your agenda as directed by Justice Doyle. I further submit that Section 100-230 (D) (1) of the Southold Code is dispositive of the height issue and that a building permit should be issued. I thank you in advance for your attention to this matter. Very truly yours, Allen M. Smith AMS:TWS cc: Michael Gerard William D. Moore, Esq. At a �6 Term Of the Supreme Court of the State of New York held in and for the County of Suffolk at the Courthouse thereof Griffing Avenue, Riverhead New York on the Z1 day of Me-t��1992 . C�l PRESENT: HONORABLE ROBERT W. DOYLE Justice - - - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE, Assigned to: Petitioner, Robert W. Doyle, J.S.C. -against- JUDGMENT GERARD P. GOEHRINGER, Chairman Index No. 91-17944 CHARLES GRIGONIS, JR. , SERGE DOYEN, JR. , ROBERT VILLA, JAMS DINIZIO, JR. , constituting the SOUTHOLD TOWN ZONING BOARD OF APR 15 1992 APPEALS, ENTERED Respondents. AT: - - - �. 5a Upon reading and filing herein the Notice of Petition dated September 5, 1991; the Petition verified September 5, 1991; the affidavit of Diane Amedeo sworn to September 5, 1991; the affirmation of Allen M. Smith dated November 18 , 1991; the affirmation of William D. Moore dated November 20, 1991; the affidavit of Christopher Resavy sworn to November 13 , 1991; Petitioner's Memorandum of Law submitted November 20, 1991 and supplemented by letter dated February 4, 1992, all in support of the Petition; the Return; Respondents ' Verified Answer verified October 23 , 1991 and the affidavit of Gerard P. Goehringer sworn to October 23 , 1991 in opposition to the Petition and this ,proceeding having been submitted to the Court and the Ccu". having r � rendered its Memorandum decision dated February 11, 1992 . NOW on motion of Allen M. Smith, Esq. and William D. Moore of counsel, it is ORDERED, ADJUDGED AND DECREED that _ I - �-s Petition is granted and it is FURTHER ORDERED, ADJUDGED AND DECREED that Respondent's determination numbered 4022 is annulled and it is FURTHER ORDERED, ADJUDGED AND DECREED that Petitioner is determined to be a public utility, the criteria for a special excemtion approval pursuant to the Southold Zoning Code have been metand that the proposed radio tower is permitted pursuant to Section 100-31(B) (1) of the Zoning Code of the Town of Southold and it is FURTH R ORDERED, ADJUDGED AND DECREED that this matter is herebv remanded to the Respondent Board for consideration of the remaining portions of Petitioner's application. _---.- z RQBFRT W. L%C _ sl \ wLl F •�./ dVt FILED APR 15199� EDWA+RD P.ROMAINE CLERK OF SUFF LK COUNN i •/ APPEALS BOARD MEMBERS ". Y`rb�.�,' SCOTT L.HARRIS Gerard P.Goehringer,Chairman ?'�✓��y3 �° ti � , Supervisor Charles Grigonis,Jr. Serge Doyen Jr. %-� ,� w `: ' Town Hall,53095 Main Road 'James Dinizio,Jr. ' � .'_ � ' �r P.O.Box 1179 -°� �� Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 arc" BOARD OF APPEALS TOWN OAF SOUTHOLD August 26, 1991 William D. Moore, Esq. Clause Commons, Suite 3 P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4022 - Cellular Telephone d/b/a Metro One Dear Bill: Transmitted herewith for your information and file is a copy of the determination from the Suffolk County Department of Planning in response to our referral under Section A14-23 of the Suffolk County Administrative Code. Very truly yours, Linda F. Kowalski Enclosure ' COUNTY OF SUFFOLK AUG PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING August 21, 1991 Town of Southold Zoning Board of Appeals Applicant: Cellular Telephone d/b/a Metro One Mun. File No. : #4022 S.C.P.D. File No. : SD-91-15 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as there are no apparent provisions in the zoning ordinance authorizing such uses in the Limited Business (LB) District. Very truly yours, Arthur H. Kunz Director of Planning Sjs Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL.HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (51 6)360-51 92 v �y r1 Lyl.� r APPEALS BOARD MEMBERS SCOTT L.RABBIS �. fry Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr, W •-. Town Hall,53095 Main Road Serge Doyen,Jr. - '� P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 i;f•. , Robert A. Villa BOAR OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 Pursuant t'o 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 : Variance from the Zoning Code , Article , Section Variance from Determination of Southold Town Building Inspector, _— Special Exception , ArticleVIII , Section100-.81B (1 ) I : Special Permit II , 100-31B 6 Appeal No . : 4022 Applicant: Cellular Telephone Company d/b/a Metro One Location of Affected Land : 415 Elijah ' s Lane , Mattituck , NY County Tax Map Item No . : 1000-108-4- 11 . 1 (part of 11 ) Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , ' 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 toprect unmanned elecommuliica- tions building and construction of 104 ft. high monopole radio tower with antenna to transmit and receive radio signals for cellulartelephones . Copies of Town - file and related documents enclosed for your review. Dated : Aug . 8 , 1991 - 9 age 4 - Appl. No. 40 SE � Matter of CELLULAR TE'',__'HONE COMPANY Decision Rendered July 25, 1991 authorize this type of use by Special Exception. The purpose of the LIO and LI Zone Districts is to provide for commercial activities which are not appropriate for those uses permitted in residential, agricultural, and limited business use zone districts. It is apparent that the use proposed herein will be a principal use involving commercial telecommunications activities. The purpose and intent of Section 100-30B( 6) is to permit only those uses which are not of a business or commercial nature and which are clearly consistent with the rural, residential or agricultural character of the immediate area. A telecommunications use is not a residential or agricultural use. 10. It is, therefore, determined that the meaning of Article III, Section 100-30B( 6) shall apply only to those public utility towers, structures and uses congruently associated with residential or agricultural uses; i.e. TV, VHF, CB, Ham Radio, accessory and incidental thereto, by Special Exception approval by the Board of Appeals. Telecommunication systems such as that proposed herein which are of a commercial nature could be permitted as a principal use under only Article XIII and Article XIV, by Special Exception in the LIO and LI Industrial Zone Districts. This commercial use cannot be authorized by Special Exception under the current zoning code under this particular (residential/agricultural) provision (Article III, Section 100-30B(6) ) . ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, that the application for a Special Exception for commercial telecommunications activities and structures as applied under Article III, Section 100-30B( 6) , (ref. Article VIII, Section 100-81B) , be and hereby is DISMISSED, for the reasons as noted above. VOTE OF THE BOARD: AYES: Messrs. Villa, Doyen and Goehringer. (Member Dinizio abstained and did not participate in discussions or vote. ) (Member Grigonis was absent due to illness. ) This resolution was duly adopted. RECEIVED AND FILED BY _ �--- 11HE SOUTHOLD TOWN CLERK, GERARD P. GOEHRINGER : CHAIRMAN DATE $Vq/ HOUR M, • ��1 �..-►.��. Town Clerk, Town of 5outholu 4 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. f ry, Town Hall,53095 Main Road cryr .a S Serge Doyen,Jr. , P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa Fax (516)765-1823 Telephone(516)765-1809a Telephone(516)765-1800 BOARD OF APPEALS TOWN Off'SOUTHOLD August 8, 1991 William D. Moore, Esq. Moore & Moore Clause Commons P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4022 - Metro One (Special Exception Request) Dear Mr. Moore: Please find attached a copy of the decision rendered by the Board of Appeals at our July 25, 1991 Meeting, the original of which has this date been filed with the Office of the Town Clerk. Very truly yours, Linda Kowalski Enclosure Ccr � � 3" 1-7 / 737 l y X f 001—t�-�E� a APPEALS BOARD MEMBERS tiy ���; SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. CM Town Hall 53095 Main Road Serge Doyen,Jr. u� ! r q'- ,�I Z- ' rr, P.O.Box 1179 James Dinizio,Jr. � Robert A.Villa ' Southold,New York 11971 It Y`� .�� Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4022. Application of CELLULAR TELEPHONE COMPANY d/b/a METRO ONE requesting Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104 ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Elijah' s Lane, Mattituck, Ny; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11 .3 (part of 11. ) WHEREAS, after due notice, public hearings were held on April 30, 1991 and June 7, 1991 and at said hearings, 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, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHERES, the Board made the ±.following findings of fact: 1. The premises in question is located along the westerly . side of Elijah' s Lane in the Hamlet of Mattituck, Town of Southold, is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 108, Block 4, Lot 11.3 (part of 11) , for which lot lines have been the subject of approval by the Town Planning Board on or about April 9, 1990. y i 2. For the record it is also noted that the subject parcel contains a total lot area of 80,495.5 square feet, is located in the Limited Business (LB) zone District, and is surrounded on three sides by residential communities. To the south is a plot of land also owned by William J. Baxter and others improved with a large one-story building and, although unoccupied, is also located in the Limited Business Zone District. ti Page 2 - Appl. No. 4 !-SE Matter of CELLULAR TtLEPHONE COMPANY Decision Rendered July 25, 1991 3 . By this application, it. is requested by Cellular Telephone Company d/b/a Metro One, with the consent of the landowners, William J. Baxter and others, that a Special Exception be granted for: (1) 1a proposed unmanned telecommunications building in an existing concrete block building, and (2) construction of a 104 ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone. services. The section of the Code under which this application has been made is Article III, Section 100-30B( 6) of the Agricultural-Conservation and Low-Density Residential Zone District provisions of the Code which reads as follows: 100-31B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as herein- after provided, and . . . .are subject to site plan approval by the Planning Board: . . . (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. . . . 4. The proposed unmanned telecommunications building is shown on the site plan maps prepared by Juengert Grutzmacher Associates, P.A. dated February 6, 1991. Also, the tower structure for telecommunications transmissions is shown to be proposed at approximately 103 feet from the northerly side property line, 238+- feet from the westerly rear property line, 62+- feet from the southerly side property line, and 233+- feet from the easterly front property- line. The height of the tower, inclusive of antenna mast, is proposed at 104 feet from ground level. The nearest building (telecommunications building) is located approximately nine feet to the east from the proposed tower, and 69 feet to the existing barn structure from the tower. Buildings therefore are within the direct fall-down area of the proposed tower. Also, distances have not been provided on the radius map to show building envelopes for future principal structures and accessory structures on the five residentially zoned lands adjacent to this parcel to the north and west. It does appear, however, that future homes on these lots could be located outside of the fall-down range, i.e. 104 feet from the proposed tower location. J P4ge 3 - Appl. No. 4 !-SE Matter of CELLULAR TL.GEPHONE COMPANY Decision Rendered July 25, 1991 5. The land uses of the Low-Density Residential Zone District, under which this application is made, is intended to provide open rural environmental areas so highly valued by residents and to reasonably regµlate .the subdivision and development of the lands while honoring the legitimate interests of farmers and farmland owners (Article III, Section 100-30 Purpose) . The uses permitted under these provisions are limited to principal residential uses, agricultural uses, and accessory uses incidental thereto. 6. The land use provisions of the Limited Business (LB) Zone District are intended to provide limited business activities that are consistent with the rural' and historic character of surrounding areas and uses and that have been designed to protect the residential and rural character of the area. Permitted uses in the LB Zone are limited to antique, art and craft shops and galleries; custom workshops and machine shops; wholesale or retail and display of garden materials and plants; including nursery operations; library; museum; professional office; business office; funeral home; restaurant; barbershop, professional studios, travel agency and other personal service stores and shops; plumbing shop, carpentry shop, motorcycle shops, landscaping and other service businesses; wholesale and warehousing. Other uses permitted by Special Exception would include those uses as may be permitted in the Low-Density Residential and Agricultural-Conservation Zone Districts and provided under Article III (ref. paragraph #5 above) . 7 . The uses proposed under this Special Exception request are for commercial telecommunications and radio transmission services by Metro One through Cellular Telephone Company, a company who has received approvals from the Public Service Commission to operate a cellular radio system (see Order issued April 18, 1985 for a "Certificate of Public Convenience and Necessity to Construct and Operate a Cellular Radio ' Telecommunication Service in the New York' Standard Metropolitan Statistical Area") . 8. . On January 10, 1989, a new Zoning Code and Master Plan were adopted by the Town of Southold, and many zoning provisions and requirements were modified or created which are quite different from the previous zoning codes. In applying the provisions of the new master plan and zoning code, one of the ' first considerations by this Board in a Special Exception request is to determine whether the uses requested fall within the meaning of the Zoning Code as applied. 9. Article XIII, Section 100-130 of the Light Industrial (LI) and Light-Industrial-Office (LIO) Zoning Provisions r Page 4 - Appl. No. 4 !-SE Matter of CELLULAR Tzj EPHONE COMPANY Decision Rendered July 25, 1991 authorize this type of use by Special Exception. The purpose of the LIO and LI . Zone Districts is to provide for commercial activities which are not appropriate for those uses permitted in residential, agricultural, and aimited business use zone districts. -It is apparent that the use proposed herein will be a principal use involving commercial telecommunications activities. The purpose and intent of Section 100-30B( 6) is to permit only those uses which are not of a business or commercial nature and which are clearly consistent with the rural, residential or agricultural character of the immediate area. A telecommunications use is not a residential or agricultural use. 10. It is, therefore, determined that the meaning of Article III, Section 100-30B( 6) shall apply only to those public utility towers, structures and uses congruently associated with residential or agricultural uses; i.e. TV, VHF, CB, Ham Radio, accessory and incidental thereto, by Special Exception approval by the Board of Appeals. Telecommunication systems such as that proposed herein which are of a commercial nature could be permitted as a principal use under only Article XIII and Article XIV, by Special Exception in the LIO and LI Industrial Zone Districts. This commercial use cannot be authorized by Special Exception under the current zoning code under this particular (residential/agricultural) provision (Article III, Section 100-30B(6) ) . ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, that the application for a Special Exception for commercial telecommunications activities and structures as applied under Article III, Section 100-30B( 6) , (ref. Article VIII, Section 100-81B) , be and hereby is DISMISSED, for the reasons as noted above. VOTE OF THE BOARD: AYES: Messrs. Villa, Doyen and Goehringer. (Member Dinizio abstained and did not participate in discussions or vote. ) (Member Grigonis was absent due to illness. ) This resolution was duly adopted. f�Z"L GERARD P. GOEHRINGER;'CHAIRMAN lk � S611thold Town Board _. Appeals -34-Re ular Meet j July 12, 1991 DELIBERATIONS, continued: Appl. No. r4.0.2.2_, - .CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. The Board Members deliberated. No action was taken, and deliberations were postponed for an undetermined time, but within 60 days of the public hearing (which was June 7, 1991) . OTHER UPDATES/RESOLUTIONS: (Agenda Item IIIA) Appl. No. 4021 - MICHAEL CHOLOWSKY at E/s Horton' s Lane, Southold. There were several residents present who had questions concerning the status of this application and the concerning SEQRA. The Board answered procedural questions, most of which are noted in the file, and briefly discussed SEQRA. It was the consensus , of the Board to coordinate the Long Environmental Assessment Form to involved agencies for comments from the public and agencies not later than August 5, 1991. The Board indicated that a further Determination, either of Significance or Non-Significance under SEQRA, will need to be determined by Resolution (not later than the Board' s next meeting on or about August 1.5, 1991) . (Agenda Item IIIC) Appl. No. 3970 - MCDONALD'S CORPORATION at Mattituck. Copies of this afternoon' s response from Planning Board concerning ZBA referral under alternative site plan map submission was transmitted to the ZBA Members, reviewed and made a part of the ZBA file. (Agenda Item IIIF) Appl. No. 4037 - METRO/808 REALTY (canopy) . Motion was made' by Mr. Goehringer, seconded by Mr. Dinizio, to request comments from the Planning Board and copies of maps and/or files pertinent to this pending project for the ZBA record. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent. ) This resolution was duly adopted. to -�A APPEALS BOARD MEMBERS Jtiq aTrl, SCOTT L.HARRIS Gerard P.Goehringer,Chairman � '� ,w Supervisor Charles Grigonis Jr. Town Hall,53095 Main Road Serge Doyen,Jr. James Dinizio,Jr. Z` ::.. s P.O.Box 1179 -. ``=f Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 4 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD TRANSCRIPT OF PUBLIC HEARING HELD ON JUNE 7 , 1991 Appl. No. 4022-SE - CELLULAR TELEPHONE COMPANY d/h/a METRO ONE. This hearing was recessed from the April 30, 1991 meeting, and the statements made during the hearing are as follows: 8 : 12 p .m. - Hearing reconvened . CHAIRMAN: Ok. We ' ll go back to the application for Metro One, Cellular Telephone, which was opened at the last regularly scheduled meeting, and we had some questions of Mr. Smith at that point. Mr. Smith, are you going to continue. ALLEN M. SMITH, ESQ . : I 'was going to defer to my young friend whose name is really on this application (William Moore, Esq.) and is now back from (a journey) with his wife. But to take the lead,. I shall. When we left off last together, there were a number of items that you wished addressed. The first was to move the tower as such that it would not fall down on the property to the north if it were to come down, and we 've done that. And I understand that Mr. Moore had provided you with a stipulation from Mr. Baxter relative to the parcel to the south. He has a drawing I believe he may have drawn that depicts that for you. One of the board members or member of the audience asked a question relative to the structural integrity of the antenna as distinct from the structural integrity of the monopole, and I have sent Mr. Goehringer the information that relates to the fact that .the antenna will take at least as much force, wind force, as with the pole. Relative to the FAA, the position of the FAA remains the same, such that you can understand both the Page 2 - Hearing Transcript for Cellular Telephone Co. ZBA Meeting of June 7 , 1991 ALLEN SMITH, continued: engineering and legalistic gobbilly-gook that contained in the FAA letter. It says that iti.be lighted with a white strob light during daylight hours, and lighted with a red light during the evening. We supplied for you to location of not only the JFK. tower, the monopole that was referenced.- in the earlier testimony that I provided you, although not owned by Metro but are of a similar design. The last thing that I sent to Mr. Goehringer since our • last meeting was a decision of the Zoning Board of Appeals in the Town of Riverhead, which has considered similar applications to the one that is before you for whatever it is worth as I said in the letter. I believe that is the checklist that we left off with the other day. If there are any additional questions, we will answer them. I do recall one. Mr. Moore has in fact spoken with some representatives of the AEMTs associated with the Mattituck Fire Department. I believe that we ' re authorized to say that they consider the enhancement of the cellular mobile facilities on the North Fork to be an advantage to them. The reason is that if I were to have a heart-attack and they were to come get me with their more sophisticated apparatis, they actually hook me into certain monitoring of devices. A heart monitor, block pressure and the like. And that data is relayed by Cellular Telephone, I believe, to a hospital on the South Side. CHAIRMAN GOEHRINGER: South Side Hospital in Bay Shore. MR. SMITH: South Side hospital on Long Island, where if I 'm being transported to Central Suffolk (Hospital) or if I 'm being transported to wherever the emergency system dictates on , the AEMTs in the Mattituck ambulance or rescue vehicle can in fact buy As I understand it, by reason of the fact that we do not have in this area on the North Fork a detailed telephone system. There are sometimes difficulties in doing the transmitting back to South Side Hospital, and I believe we ' re authorized to say that. Other than that I think. we 've answered everything that we had left open from the earlier meeting. If there are any other questions, I ' ll attempt to answer them. Page 3 - Hearing Transcript for Cellular Telephone Co. zBA Meeting of June 7 , 1991 CHAIRMAN GOEHRINGER: The approximate, and I apologize for this- but the approximate height of the antenna is 104 feet, is that not correct? MR. SMITH: Yes, sir. CHAIRMAN: Were at 104 feet, is that correct? Ok. And we are 95 feet from the northerly property line. Ok. Now we 're at 103. MR. SMITH. Yes (referring to map) . CHAIRMAN: So we're right on, approximately. And this is going to be the fall-back area right in here (referring to map) . MR. SMITH: Yeah, and he ' s going to sign a covenant to that effect. MR. (neighbor) : I just wanted to see that. CHAIRMAN: Now, what did you want to look at, Bob? BOB That; I just wanted to see it for what it-- Let ' s see. It would impinge on that one. This one would definitely. This was the one that I was concerned about. Ok. CHAIRMAN: All right. Good. Did you have anything else for the record? MR. SMITH: I tried to be responsive as best I could. I don't have anything more or less to say,. I 'd appreciate a decision at the board's convenience. CHAIRMAN: I have not gotten to Laurelton yet. I tried to go today, and I didn't make it. What I 'm •going to ask is both the indulgence of both you and Mr. Moore and what I 'm going to do is request the board that we close this hearing as to any further verbatim testimony, and that we just close the hearing as a matter of formality at the next regularly scheduled meeting, when I do make it up there and if I do have further questions, I can communicate with you by mail. Does anyone have any objec- tions to that? MR. SMITH: Very good, sir. None. Thank you. Have a good evening. Page 4 - Hearing Transcript for Cellular Telephone Co. ZBA .Meeting of June 7 , 1991 CHAIRMAN: Is there anybody else who would like to speak in behalf of this application? ti. (No response.) Hearing no further questions, I ' ll make a motion recessing this until the next regularly scheduled meeting, at which time we will close it as a matter of formality (written record to be closed and file sealed at next regularly scheduled meeting) and-- BOARD CLERK: Closing all verbatim testimony? CHAIRMAN: And we are closing all verbatim testimony (at this time) . MEMBER VILLA: Second. The verbatim portion of the hearing was declared closed and the written portion of the record was permitted to remain open for questions and answers, by mail, until the next regularly scheduled meeting at which time the file would be sealed (record concluded) . VOTE OF THE BOARD: AYES: Messrs. Goehringer, Villa, Doyen and Grigonis . (Member Dinizio was absent from this particular hearing.) Respectfully submitted, Linda F. Kowalski, Board Clerk 7 May 9 , 1991 ZoningBoard of Appeals I i P JUN - 7 1991 i Town of Southold Town Hall ILI Main Road Southold , NY 11971 - -- Gentlemen : I have become aware of a proposal to erect a 104 foot tower or antenna on a parcel at the intersection of Elijahs Lane and Main Road , Mattituck . I live nearby and am greatly concerned both with respect to safety and the prospect of diminished property value. In particular , the character of the surrounding area is entirely residential and I do not believe that the applicable parts of the Town Code authorize the erection or construction of an antenna of this size in a residential setting . It is one thing to have a utility right-of-way across a parcel . It is entirely inimical to the character of the area to construct a tower in excess of 100 feet on the basis of permitted utility rights-of-way . I therefore request that the application be denied . Very truly yours , i— Imo' M 0 rill MOORE & MOORE Attorneys at Law i IN _ 6 e991 +'f p(,� Clause Commons Suite 3 I Main Road P.O. Box 23 LV/ I Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary June 6, 1991 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Cellular Telephone Company d/b/a Metro One Special Exception Application Dear Chairman Goehringer and Members of the Board: Enclosed please find a proposed Declaration of Covenants and Restrictions to be imposed upon the Baxter property located to the south of the parcel which is the subject of this special exception application. This Covenant and Restriction prohibits the construction of any buildings within the fall down radius on that southerly parcel. Mr. Baxter has indicated his willingness to accept such a Covenant and Restriction on his property, and has signed a copy of this covenant. The covenant makes reference to two schedules. Schedule A is a legal description of the southerly parcel which is being prepared. Schedule B is a survey of the subject parcel showing the fall down radius of the proposed transmission tower. If the proposed Covenant and Restriction is satisfactory to you, I would suggest that the recording of same be made a condition of the approval for special exception and interpretation/variance if granted. Engineers from Metro One have consulted with the Federal Aviation Agency (FAA) and have been advised that the original determination from the FAA will stand. A copy of the determination has previously been provided to you. If you have any questions or need any additional information, please do not hesitate to contact me. sa ). o s, WDM/mr re cc: Allen M. Smith, Esq. Metro One DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration made the day of 1990, by William J. Baxter, Jr. residing at 1030 East Putnam, Greenwich, CT and Jane P. Goeller residing at 349 Ridge Crest, Santa Barbara, CA (hereinafter referred to as "Declarant") WITNESSETH WHEREAS, Declarant is the owner in fee simple of certain premises situate at Mattituck, Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 108, Block 04, Lot 10 and as more fully described in the attached "Schedule A" and, WHEREAS, the Southold Town Zoning Board of Appeals, by resolution made on 1991 granted special exception approval to the Cellular Telephone Company d/b/a Metro One for construction and use of a 102 foot monopole radio transmission tower on property abutting the premises described in the attached Schedule A, as shown on the attached Schedule B and, WHEREAS, the approval was conditioned upon the filing of certain covenants and restrictions, NOW, THEREFORE, in compliance with the resolution of said Southold Town Zoning Board of Appeals, Declarant herein declares that the land described in Schedule A is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: 1. No building shall be constructed within the "fall down radius" shown on the attached Schedule B to the extent such radius includes property within the premises described in Schedule A. This covenant shall not prohibit the use of the affected area for parking motor vehicles. 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Zoning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modifications shall not be required. , IN WITNESS WHEREOF, the foregoing Declaration has been executed by the Declarant on the day and year first above written. a William J. Baxter, Jr. Jane P. Goeller STATE OF COUNTY OF On the day of 1991, before me personally came William J. Baxter, Jr. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF COUNTY OF , On the day of 1991, before me personally came Jane P. Goeller to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public Page 3 - Minutes Special Meeting - Mar 23, 1991 -, Southold Town Board of Appeals Y III. RESOLUTION DECLARING SEQRA ON THE FOLLOWING MATTERS CALENDARED FOR JUNE 7, 1991 and RESOLUTION CONFIRMING HEARINGS FOR JUNE 7, 1991 as published: On motion by Chairman Goehringer,, seconded by Member Dinizio, it was RESOLVED, to declare the following SEQRA declarations and confirm that these matters are hereby authorized to be held for public hearings at the Board's .June 7, 1991 Regular Meeting: A. TYPE II ACTIONS: 1. Richard Oliveri 2. James and Patricia Boyle 3 . Estate of Jennis Harris 4. Halsey A. Staples 5 . Ronald Stritzler, M.D. 6 . Charles and Angela Kyriakoudes 7. Estate of Charles Morgan (now Goldman) . B. UNLISTED ACTIONS - SEQRA finalized previously on the following: 7. Joseph and Linda Fischetti 8. Cellular Telephone. (SEQRA determinations on #1 through 47 above are continued on the following pages. ) Page 4 - Minutes Special Meeting - May 23, 1991 Southold Town Board of Appeals (ENVIRONMENTAL DECLARATIONS, continued: ) Vote of the Board: Ayes: Messrs. Dinizio, Villa and Goehringer. (Members Doyen and Grigonis were absent. ) This resolution was duly adopted. APPROVAL OF MINUTES. On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to approve the Minutes of the following ZBA Meetings: A. Wednesday, April 10, 1991 Special Meeting B. Friday, February 22, 1991 Regular Meeting Vote of the Board: Ayes: Messrs. Dinizio, Villa and Goehringer. (Members Doyen and Grigonis were absent. ) This resolution was duly adopted. Brief discussion: CELLULAR TELEPHONE Application. Mrs. Johanna Northam (NFEC) indicated she wished to speak in opposition to this application. Mrs. Northam was advised that the Board could not hear her comments tonight since the comments must be received either in writing or during the public hearing which will continue on June 7, 1991. Mrs. Northam was questionning a radio tower proposal in Orient which she indicated was denied. No application for the same was found to be either filed or . otherwise pending before this Board. The Secretary assured Mrs. Northam that if she would like reference to previous files which may have been filed during the past, that assistance is available for research Monday through Friday during normal business hours, and to the best of our knowledge (based upon the information given by Mrs. Northam) , no decision on a denial of a tower in Orient was recalled to be of record with the Office of the Board of Appeals. (This may have been a matter brought before the Town Board or other town department for the Orient Fire Department. ) t PLANNING BOARD MEMBERS '= SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman VO O� 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 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Chairman ��.r'r s LE DATE: MAY 9, 1991 51,991 RE: Metro One SCTM# 1000-108-4-11.3 The Planning Board is not in favor of granting the special exception for the radio tower for Metro One. This property is surrounded by residential zones and dwellings (see attached zoning map) . The Board believes that the social, economic and aesthetic benefits of the residential area will be compromised by the granting of this special exception. 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SMITH AN"\ ATTORNEY AND COUNSELOR AT LAW _ 737 ROANOKE AVENUE, POST OFFICE BOX 1 240 RIVERHEAD, NEW YORK 1 1901 51 6-727-3947 MAY 415 19911, FAX 5 1 6-727-3950 May 14, 1991 Honorable Gerard P. Goehringer Board of Appeals Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Appeal No. 4022 - Cellular Telephone Co. Dear Mr. Goehringer: Please find enclosed the documents from which the facsimile copies transmitted to you on May 13 , 1991 were made. Ve truly yours, Allen M. Smith AMS:TWS Enc. MAY 445 Clearly, The Better CeOu/ar Network, . . .DIRECTIONS TO,1O0 FOOT MONOPOLE -,-LAURELTON, QUEENS GEORGE WASHINGTON BRIDGE TO GRAND CENTRAL PKWY. TO VAN WYCK TO BELT PKWY. EASTBOUND. GET OFF AT BROOKVILLE EXIT GO TO LIGHT AND MAKE LEFT. GO THROUGH NEXT LIGHT AND MAKE FIRST -LEFT PAST A RAILROAD BRIDGE. GO DOWN TO EDGEWOOD STREET AND MAKE RIGHT TO 141ST ROAD, MAKE LEFT,THE BUILDING IS ON YOUR RIGHT ACROSS FROM TRAIN STATION. 365 West Passaic Street, Rochelle Park, New Jersey 07662-3015 • (201) 587-7886 !J O MAY 15 ,199, Clearly, The Better Cellular Network. 1 r << r j 94 Y 365 West Passaic Street, Rochelle Park, New Jersey 07662-3015 • (201) 587-7886 ALLEN M. SMITH ATTORNEY AND COUNSELOR AT LAW 737 ROANOKE AVENUE, POST OFFICE BOX 1 240 -- �-; F1, RIVERHEAD, NEW YORK 1 1901 .,.�7Y, 516-727-3947 n, L� 0 l� 1i \� FAX 5 1 6-727-3950 !j MAY 1 41991 i I May 13, 1991 Honorable Gerard P. Goehringer Board of Appeals Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Appeal No. 4022 - Cellular Telephone Co. Dear Mr. Goehringer: Please find enclosed the following: 1) Directions to the 100 foot high Metro Monopole in Laurelton, Queens 2) Directions to NYNEX Monopole on Stewart Avenue, Nassau County 3) Technical information on wind loads of antennas. This submission leaves Mr. Baxter's stipulation not to erect structures in the fall down area as the only open item from the April 30th hearing. Very truly- yours, ll!• f A en M. Smith AM�� Encs. cc: Lynn Lorimer TOWN OF RIVERHEAD ZONING BOARD OF APPEALS - DETERMINATION - ----------------------------------------------- Appeal No. 91-33 __.__.__._..._. . .. ._._ In the matter of the application of LOCATION: 390 Route 25, Ltd. Route 25Manorville, New York for a special exception to Chapter 108, Section 108-54 of the Code of the Town of Riverhead, requesting permission to erect public utility structures on the subject premises; also a variance to Section 108-22, requesting permission to erect a tower 150 feet in height instead of the permitted thirty-five (35) feet ------------------------------------------- MRS. TORMEY: In the matter. of 390 Route 25, Ltd. , the Board has reviewed all information and evidence brought before it and has heard all parties who have appeared either in favor of or opposed to the granting of the variance. Members of the Board have made a personal inspection of the subject premises . In addition, they have relied on their personal knowledge. The following findings of fact have been made: 1. The subject premises are located in Business CR and Agriculture A Use districts; 2 . Testimony was offered as follows: a. Metro One operates a cellular telephone system; b. In order to reach the travelling population, cell sites must be located close enough to each other to prevent lapses in communication; c. The use of cellular telephones is increasing rapidly; d. The subject premises are ideal for a cell site since, the elevation is higher than much of the surrounding terrain and there are no nearby structures to be threatened by the tower; e. The cell site antenna emits a nonionizing radiation at a level lower than ANSI exposure standards; f. Metro One is considered to be a public utility subject to the authority of the Public Service Commission; g. The tower would be 104 feet high; h. Approval of the tower has been granted by the Federal Aviation Agency; i. All power lines from the road to the site will be underground; j . There are other cell sites now in Riverhead but they utilize existing structures such as a water tower; k. The towers are constructed to meet and exceed all stresses, winds, or other such demands; 1. The equipment runs automatically so there is no appreciable traffic generated by the use; m. All applicable codes and requirements will be met; n. There are some plans for developing the adjacent property; this will include a warehouse; o. More land cannot be set aside for the tower; 4 . The Environmental Quality Review Board has recommended that this action be classified as Type II under the criteria of Section 617 of the State Environmental Quality Review Act. ZONING BOARD OF APPEALS DETERMINATION `Appeal No. 91-33 - 390 1: ,..te 25, Ltd. April 25, 1991 Page 2 Therefore, I move that the appeal of 390 Route 25, Ltd. , Route 25, -Manorville, New York, for a special exception to Chapter 108, Section 108-54 of the Code of the Town of Riverhead, requesting permission to erect public utility structures on the subject premises; also a variance to Section 108-22, requesting permission to erect a tower 104 feet in height instead of the permitted thirty-five (35) feet be GRANTED in accordance- with application as filed with the Building. Inspector together with sketch as AMENDED subject to the following conditions: 1. All power lines.-going from- the public road into the site shall be underground; 2 . No buildings or structures shall- be erected in the area known as the "fall-down" area of the tower. Further I move that the recommendation of.the Environmental Quality Review Board that this action' be considered to be Type II under the criteria of Section 617 of the State. Environmental. Quality Review Act be adopted. The appeal is granted as amended for the following reasons: 1. Metro One is regulated and subject to control by the Public Service Commission; 2. The Tower will be constructed so as to withstand all possible . stresses; 3. The nonionizing radiation. emitted from the cell site is less than United States exposure standards; 4 . No structures will be built in the fall down area; 5'.-'." FAA approval- 'has been granted; .6 . Based upon this Board's review of the environmental assessment form, the recommendation of the Environmental Quality Review Board, and its own analysis, it has determined that the application is Type II and it has no environmental significance. MR. KELLER: I second the motion. MRS. TORMEY: May I have your vote, please? - MR. WELLS: Absent MR. KELLER: Aye MRS. KUCERA: Aye MR. KOBYLENSKI: Aye MRS.,' TORMEY: Aye The motion was duly adopted by a roll call vote of all members present. I hereby certify that the .foregoing is a true :copy of a motion duly adopted on the 25th of April, . 1991 and ..o the whole thereof. DATED: Z) cQ. \�G.1 .... . o� .a.cx - to m t PATRICIA S. TORMEY,' CHAI ZONING BOARD OF APPEALS A.LLEN M. SMITH ATTORNEY AND COUNSELOR AT LAW \/ 737 ROANOKE AVENUE. POST OFFICE Box 1 240 RIVERHEAD. NEW YORK 1 1901 j I 51 6-727-3947 FAx 51 6-727-3950 May 7, 1991 Honorable Gerard P. Goehringer Board of Appeals Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Appeal No. 4022 - Cellular Telephone Co. Dear Mr. Goehringer: Again, please accept my thanks for the courtesies extended to me during this hearing last week. I have not forgotten the open items I am to supply to your Board. Those items are being assembled and will be forwarded to you as soon as possible. During my presentation to your Board, . I mentioned similar applications before the Zoning Board in Riverhead. The Riverhead application on the north side of Route 25 in Manorville is analogous to that before your Board. I enclose Mrs. Tormey' s resolution of approval in that matter for your reference.. Very truly yours, Allen M. Smith AMS:TWS Enc. cc: Lynn Lorimer i MAY 141991 OFElfi E �t.t Clearly, The Oetter Cellular NetworK. DIRECTIONS TO 100 FCOT MONOPOLE - LAURELTCN, QUEENS GEORGE WASHINGTON BRIDGE TO GRAND CENTRAL PI{WY. TO VAN WYCK TO BELT PKWY. EASTBOUND. GET OFF AT BROOKVILLE EXIT GO TO LIGHT AND MARE LEFT. GO THROUGH NEXT LIGHT AND MAKE FIRST LEFT PAST A RAILROAD BRIDGE. GO DOWN TO EDGEWOOD STREET AND L%IA.KE RIGHT TO 141ST ROAR, MAKE LEF'T,THE BUILDING IS ON YOUR RIGHT ACROSS FROM TRAIN STATION. 365 WaSt Passaic Street, Rochelle Park. New Jersey 0766.2-3015 • (201) 587-7886 t—00 ' 30dd 3NO-0M13tA WOd J 8 I :C I 16 , 6� I �HW Ki r �J� •S }4. . . a -'�',i,�. a :s!'�S� ti�•3��`� .�,'.''_ r:'.�.Z;-?�+�y •�i•-, , - ., •�. » a° may, _ �i a a,' -t.; . f ...,,.�-.- .� i r„'°�.`s-� ,,.,,-'-,�.�a-:.-._ ..}..,�_+..— .ci�h � ..„,fir--, r 'ac-�--� ��'� •.ta„--.. § �� � �` • ate""�•." "'xy"�.f r'�,�..t � .; - L7 LI � I I I II 'jI j l I MAY 1 41991I LIV� I !� Clearly, The Better Ccamar Network, - v 1'12 .S l Ae. 365 West Passaic Street, Rochelle park, New Jersey 07662-3016 •(201) 587-7886 900 ' 3Jbd 3NO-0ai3W WOdJ t 2 : J I 16 , 01 AHW U-) I 4 r-9 -, U. . 1 1-D 1 0 1 A1,11 -.' SWEDCOM CORP. PO -1 April 17, 1991 MAY 1 4 ,1991 swedecm Corporation 351 Burlway Road, Suits 300 Burlingamef California 94010 Phone: (415) 348-1190 Faxi (415) 348-1261 TO: Christopher J. Resavy (201) 368-7776 FAX: 30ro 9.1-288 FROM: J.Parsman PAGE: 1 (4) SUB%7; Wind Load cc: S-E KJAERSGAARD REFt PLS. FEEL ME TO CONTACT ME Ir YOU HAVE ANY QUESTIONS CONCMW:rXG THIS MUSAGE. SUE63 me- Wnw lama QU ALP 9212_111-10 The ALP 9212 & ALP 110 11 antennas are designed towithstand continuous wind loads of up to 150 mph. (250 km/h) . and wind peaks of up to 190 mph. (3o6 km/h) . The manufacturer recommend a min. inch pipe for the above specified example. Please note that the antennas themselves will withstand ee vn higher wind loads. However, in order to accept higher wind loads You will need a enforced mounting brackets in order to support these higher wind loads. Also please &a bare in mind that snow & ice (1.2 in. ) will increase the wind area about lot. Please find the attached pages including wind load calculations. Sincerely SWEDCOK CORPORATION Johan Forsman 300 ' 39Ua 3H0-Odi3W 140d3 27E':01 Is , 01 Aldw TSK Z .WIND LOADING " ALLGON Slab ! 2• WIND LOAD! The wind load F is determined by: - gxAd IN] MAY 14 199 q - Dynamic Wind Pressure A a , Drag Area i 2.1 DYNAMIC MEND PRESSURE is calculo#ed (as. f q = Q 2W- �N/lr� - where the air density _ 1,25 [Nx9ec2/m23 [with 150C and 101.3 kPa M atm)] And dynamic wind pressure q - 0,625 x V7. Exnmpte: . At V d5 mis (162 km/h), wind load F is given by: F = gxAd= 0.625xV2xA,- 1265.6xAd [Nl (As V Is the short-time mean value wind speed, a gust factor �. is not Included). 3. SURVfVAL WIND SPEED: The mClority of the Ontenncs are rated at survival wind speed of V - 70 mis (250 km/h, 156 mph). 4. ICE LOADING With radial ice the maximum survival wind speed will be reducecl and is OOICulated as: vice s 70 x A1,.. fm/31 ad;ce - where A,,,,, is the new drag area inClc�dinq the ice layer. RPR 17 191 I3: 56 _ 600 ' 39Hd 3hl0-0a13W •W0�3 , E :0 I 16 , 01 AFJW Brad t3? %-ialftlatlon of the drag Area and the Wind Load of Antennas t, DRAG AREA: MAY B 4 1991 Aq = CxA:, -- C - Drag Coefficient A;, , 'pro f ected' Area Note 1 Drag Areas (or Wind Forcee) on open VrUktures is being estimated by adding together calcUCted arece (or forces) on individual meinbers. 1.1 PROJCCTEO AREA (or effective 'frontal area') is calculated singly with help of the mathematical ;ormutcs. Example: v 1.2 DRAG COEFFICIENT The evaluatlan of the drag coefficient for antenna structures Is masf complicated to determine. Sharp-edged members ore independent of Rey nafds numi ber effects (Re - VxD/p), but spheres, cylinders and all structures with rounded edges have drag coefficiants varying with wind velocity (Re). ( number and by surface rnuohness. 'fie varue quntad Ore for Re a 3,5xgps. tJ For Re �- 3.Sxlos. the Coefficients vary widely. Exarpie: For round antenna members, drag factor C - 1.2, and the ci as area Is Calculated cs: - A,, = CXAp - 1.2xLxD [m23 010 ' 39HJ 3N0-08i3W W0d3 -3 :0I IF ; 01 AUW Rl 14. •�A C Ij l I Yam_ 1 :i:' ', f 4..`. wlkl[Ts n M:L A } `.; f J•" �'. ` ~,. unT '�'' 1 a } � ��r*T n•�wr' �r"• n�•:.r�.C{ n"� fir: ;�"' WAAaI •� ro 1*Wla / i /� �0 t � ~ �i6-re.�w __ ��b ��jN�a�'o� igMa••'F• s �'4g. � aw of . �°� �� �•,� '�+�+�.�"± � I r J kQgpy ,• .S5 v fi X ��6 jC?G rar � ." �.s. 1M1 itlR�,. ::•;r; t 'J`� a /`Nl/ t���+i�'+� r�� 1 U T-ir"►.z+K ea��,I�;.'�;!i!EC Cilrflfp;.� y �' Q`0��� ; � _ ,`: vs AMA 77TTTT COV•,•_%i O 'A GGGv 1�,,��pr��.,a��. yy�Q�y �.i�.s�.. ��� � �} �� L � u^'"1'{'�unt1R��;^a`�`. ` Tt3 Cq3' �'�'�:!!iiu Ji•�`"'' � [ �v�\ ._ !GSSr. i i•, [`i t �'� .y. �A`•\may _ ��II 6 fit+ �•r •�_ 1 r �•��:''"_.,` ,,rig r"rr � ��4"��Vi lw+�rY � � � 1}�� �`�i,.^ ' "�.�"'`�"'" •.. ci+ $(lour] ,.� 1 =ozer r �� 2 00 ' 39dd ]NO-O J13W W0�3� 1 2 :0 I 16 , O T AdW 04. ', 17. 01 11 : 01 4M * SWEDCOM CORP.- P01 April 17, 1991 Swedcom Corporation 851 Burlway Road, Suite 300 Burlingame, California 94010 - -- - 4 Phone: (415) 348-1190 Fax: (415) 348-1261 TO: Christopher J. Resavy (201) 368-7776 FAX: JOFO 91-288 FROM: J.Forsman PAGE: 1 (4) SUBJ: Wind Load CC: S-E KJAERSGAARD REF: PLS. FEEL FREE TO CONTACT ME IF YOU HAVE ANY QUESTIONS CONCERNING THIS MESSAGE. SUBJECT: WnW 10MI Ofj,,ALP 9212/110 11 The ALP 9212 & ALP 110 11 antennas are designed to withstand continuous wind loads of up to 156 mph. (250 km/h) . and wind peaks of up to 190 mph. (306 km/h) . The manufacturer recommend a min. 3 .9 inch pipe for the above specified example. Please note that the antennas themselves will withstand even higher wind loads. However, in order to accept higher wind loads you will need a enforced mounting brackets in order to support these higher wind loads. Also please bare in mind that snow & ice (1.2 in. ) will increase the wind area about lot. Please find the attached pages including wind load calculations. Sincerely SWEDCON CORPORATION Johan Forsman _LALLG I WIND LOADINGON 9�Q131 glad (3) 2. WIND LOAD: The wind load .F is .determined by; IF gxAd Dynamic Wind pressure i f A d , Drag Area 2.1 DYNAMIC WIND PRESSURE is calculated ns- z t r`` q � jN/m'J - where the air density a 1.25 [Nxsec2/m23 [with 15°C and 101.3 kPa 0 atm)] And dynamic wind pressure q - 0.625 x Vz, Exampte: At V 45 m/s (162 km/h), wind load F is given by: F = gxAd= 0.625xV2x Ad- 1265.6xAd [NJ (As V is the short-time mean value wind speed, a gust factor w..r is not included). 3. SURVIVAL MIND SPEED: The majority of the antennas cre rated at survival wind speed Of V - 70 m/s (250 km/h, 156 mph). 4. ICE LOADING With radial ice the maximum survival wind speed will be reduced cnd is Calculated as: V!ee - 70 x Ad tm/s) Adace - where A,,,,, i ica s the new drag area including the ice layer. RPR 17 ' 91 13 : 56 415 346 1 261 PArF , G1C1`� 81od 1 (3) Caloulatlon of the Drag Area and the Wind Load of Antennas _ 1, DRAG AREA: g'( � Ad CxAp [m ] C - Drag Coefficient Aa - 'Projected` Area `r Note 1 Drag Areas (or Wind Forces) on open structures is being estlinated by adding together calculated areas (or forces) on individual members. 1.1 PROJECTED AREA (or effective 'frontal area') is Calculated simply with help of the mothematieal formulas. Example: w o A.- LxD Em 2l �rl�d 1.2 DRAC7 COEFFICIENT \' The evaluation of the drag coefficient for onfenna structures is most complicated to determine. Sharp-edged members are independent of Reynolds number effects (Re - VxD/p). but spheres, cylinders and all structures with rounded edges have drag Coefficients varying with wind velocity (Re). number and by surface roughness. The value quoted ore for Re a 3.5x105. For Re a 3.5x105. the Coefficients vary widely. Example: For round antenna members, drog factor C - 1.2, and fhe drag area is calculated as: / Ad = CxAp - 1.2xLxD [m2] ' 1108 1109 otice to "public benefit" accrues sufficient to constitute a sons or corporations charged with the duty to supply use rules coy closure. public use. Montana Power Co, v. Bokma, Mont-, the public with the use of property or facilities owned to open sps 457 P.2d 769, 772, 773. or furnished by them. Buder v.First Nat.Bank in St. in and Public use, in constitutional provisions restricting Louis, C.C.A.Mo., 16 F.2d 990, 992. To constitute a moderate inc d enter- true "public utility," the devotion to public use must ment. the exercise of the right to take private property in special- be of such character that the public generally,or that Pudicity /pyu' educe to virtue of eminent domain, means a use concerning part of it which has been served and which has the whole community as distinguished from particu- modesty; ti ,munity, accepted the service, has the legal right to demand commerce c lar individuals. But each and every member of socie comps- that that service'shall be conducted, so long as it is ty need not be equally interested in such use, or be �rtation. 's continued, with reasonable efficiency under reasons- pudzeld/wu personally and directly affected by it; if the object is i is one ble charges. The devotion to public use must be o a corruption ppropn.e to satisfy a great public want or exigency, that is such character that the product and service is availa- freedom fro sufficient. Rindge Co. v. Los Angeles County, 262 ,ecessity ble to the public generally and indiscriminately, or any forest. U.S. 700, 43 S.Ct. 689, 692, 67 L.Ed. 1186. The term gable of there must be the acceptance by the utility of public Pueblo /p(yu) may be said to mean public usefulness, utility, or ess, and franchises or calling to its aid the police power of the the inhabita main or advantage, or what is productive of general benefit. It may be limited to the inhabitants of a small or state. Unction. / class of restricted locality, but must be in common, and not x special Public Utility Holding Company Act. Federal statute small set c ie public for a particular individual. The use must be a needful enacted in 1935 designed to free local operating com- community: See also one for the public,which cannot be surrendered with- panies from the control and domination of absentee settlement out obvious general loss and inconvenience. A"pub- and uneconomic holding companies. It caused the ans. Puebi lic use" for which land may be taken defies absolute breakup of huge utility combines and sought to re- 12 F.2d 33, unission definition for it changes with varying conditions of strict the operations of utility holding companies to significatio: )f super- society, new appliances in the sciences, changing one or more systems whose operations are integrated used in the r public conceptions of scope and functions of government, and confined to a single state and states which are the indefin ency es- and other differing circumstances brought about by contiguous. 15 U.S.C.A. §§ 79-79Z. times appli ate rates an increase in population and new modes of commu- ing at a p, id other nication and transportation. Katz v. Brandon, 156 Public vessel. See Vessel. well as to admin- Conn. 521, 245 A.2d 579, 586. nouth v. S n of in Public Vessels Act. Federal law which provides for Cominur Patent law. "Public use" within statute providing libel in personam against the United States or a adobe,resi )ower to that patent is invalid if invention was in public use petition impleading the United States for damages required more than one year prior to date of application for caused by public vessels of the United States. 46 United Sea such dwell to deter- patent is defined as any nonsecret use of a completed -ate. U.S.C.A. § 781-790. and operative invention in its natural and intended Puer /pydw- privately way. Atlas Chemical Industries, Inc. v. Moraine Public welfare. The prosperity, well-being, or conve- the age fi may sell Products, C.A.Mich., 509 F.2d 1, 4. In patent law, a nience of the public at large,a a a whole communi- sense, a g 2ablished public use is entirely different from a use by the ty, as distinguished from the advantage of an individ- guished fr :ompany. public. If an inventor allows his machine to be used ual or limited class. It embraces the primary social Public by other persons generally, either with or without interests of safety, order, morals, economic interest, puerility /p( compensation,or if it is,with his consent,put on sale and non-material and political interests. In the devel- intermediE for such use, then it will be in "public use" and on opment of our civic life, the definition of "public ing in boy: by Con- public sale. welfare" has also developed until it has been held to their age, zret, one bring within its purview regulations for the promo- Pueri cant , .t extent, Public utility. A privately owned and operated busi- tion of economic welfare and public convenience. ,s largely ness whose services are so essential to the general non sunt 3ampton public as to justify the grant of special franchises for Publish. To make public; to circulate; to make known sj1jgwanij the use of public property or of the right of eminent to people in general. To issue; to put into circula- diy sating', domain, in consideration of which the owners must tion. To utter; to present (e.g..a forged instrument) blood of t )y which serve all persons who apply, without discrimination. for payment. To declare or assert, directly or indi- not of the :al courts It is always a virtual monopoly. rectly, by words or actions, that a forged.instrument Pueritia /p r A business or service which is engaged in regularly is genuine. An advising of the public or making childhood supplying the public with some commodity or service known of something to the public for a purpose. from birt' which is of public consequence and need, such as Estill County v.Noland,295 Ky.753, 175 S.W.2d 341, the femal :ed to act electricity,gas,water,transportation,or telephone or 346. See also Publication; Utter. Puffer. A A. telegraph service. Gulf States Utilities Co. v. State, 46 S.W.2d 1018, 1021. Any agency. Publisher. One who by himself or his agent makes a which is civil law, Tex.Civ.App., thing publicly known. One whose business is the the price ite of the instrumentality,business industry or service which is manufacture and sale of books, pamphlets, maga- used or conducted in such manner as to affect the zines, newspapers, or other literary productions. puffing. A community at large, that is, which is not limited or One who publishes, especially one who issues, or as a repr ional and restricted to any particular class of the community causes to be issued, from the press, and offers for Trade Cc lain. For The test for determining if a concern is a public utility sale or circulation matter printed, engraved, or the aggeratic ne which is whether it has held itself out as ready, able and like. goods (r iblic; it is willing to serve the public. The term implies a public usually c measured use of an article, product, or service, carrying with it P.U.C. Public Utilities Commission. Term I facilities the duty of the producer or manufacturer, or one s long as attempting to furnish the service, to serve the public PUD. Planned Unit Development. In zoning, a device on behal by one or and treat all persons alike,without discrimination. It which has as its goal a self-contained mini-commum- Parks-D: ntage" or is synonymous with "public use," and refers to per, ty, built within a zoning district, under density and 612, 617 i Rigel 730 ring Rigel(ri'i"cl;ri'>;cl),n. [Ar.rijl foot.] A first-magnitude star in merchant vessel of a neutral state on the high seas and make search ZENE RING,i the left foot of the constellation Orion. to determine whether she has become liable to capture by violation of ( concentric ei rigger(rig'er),n. 1. One who rigs;also,one who erects scaffolding. the laws of war,as by carrying contraband;-usually called in British -V.t.;RINGS 2. Specif.:a One whose occupation is fitting the rigging of ships. b works right of visit,or more properly,right of visit (or visita- with a ring; Aeronautics. One employed in assembling and aligning aircraft. tion)and search. Hort.&b'or -by from falling right of way,.or right!-of-way',n.,pl.RIGHTS OF wAY or RIGHTS- rings are tOs• 3. In building operations,a scaffold to protect passers objects. of-wAY. a Law. A right of passage over another Person's ground. To move in a `• rig'zing (-Ing),n. 1.The ropes,chains,etc.,that support or raise b The land occupied by a railroad for its tracks,esp.for its main line; 2.To form k,;, ani�lower the masts and spars of a vessel,or serve to set and trim the also,the strip of land over which a public road is built,of the strip ring(ring),i sails,etc. 2.Tackle;gear. over which an electric power transmission line Passes. e A Precedence hringqan. rigging,n. Scot. A ridge or roof of a house. in passing accorded to one wagon,car,train,boat,etc.,over another, reverberatin R:-gs"disease'(rTgz). [After J.Al.Riggs(1810-85),Am.dentist.] either by custom or by statute. such a soun. lied. Pyorrhea alveolaris. right triangle.. Aright-angled triangle. See TRIANGLE,Illuat. Mons. 4.'1 right (Tit) adj. CAS.riht.] 1. Straight;not crooked;as(a right right,whale. Any whalebone whale of the family Balaenidae;- with his fain line. 2. (Jpright;erect from a base;having[ts ax[s Perpendicular to said by whalers to be so called because regarded by whalers as the words rang the base;not oblique;as,a right pyramid. 3. Conformed to justice; right kind to pursue,but probably named as the true,or tmical,whale. 2.To make according with duty;upright;-now commonly of acts or things only. Two chief species can be distinguished: (1)the bowhead(Balaerza if by ringing 4. Fit;suitable;also,most convenient. 5.Archaic. Real;not spun- m slicetus)confined to arctic seas;(2)the southern right whale estly;as,to ous. 6. Not mistaken or wrong•correct-as,a right solution. 7. (Lubalaena glacialis)of temperate seas. To present ' Well in body,mind,spirits,or the like;in good condition;also normal rfg!id(rij!Ttb,adj. [L.rigidus,fr.rigere to be stiff.] 1;Not pliant; 2n. 1.IOU,mentally;sane. 8. Designed to be placed or worn outwar(f;hence, stiff;unyieldingi firm. 2. Inflexibly fixed or set in opinion,conduct usually,most ornamental;as,the right side of a rug. 9. Designating, etc.;not lax or indulgenti strict. 3. Precise and accurate;as,rigid bells. See or of or Pert.to,that side of the body in man on which the muscular reasoning. 4.Aeronautics. Of an airship,having the gas containers utterance u action is usually,more skilled than on the other sidei-opposed to enclosed within compartments of a rigid bull which carries the cabins, defiance. _ left;hence,naming a side which corresponds to the right side of the gondolas,motors,etc. See AIRSHIP.-ri•gld'1•ty(ri•jidli-M,n.- phone,etc.; body. 10. a Designating an angle bounded by two lines perpendicu- rig'id•ly,adv.-Iig'id•ness,n. I ringbolt'(r. jar to each other;as,a right angle. See ANGLE,Illust. b Designat- Syn.(1) See STIFF. I ring'bone' ing a triangle one of whose angles is a right angle;as,a right triangle. (2) Rigid,rigorous,strict,stringent mean extremely severe or stern. bones of th, See TRIANGLE,lllust.-Syn.See CORRECT.-Ant.Wrong. Rigid implies uncompromising inflexibility; rigorous, imposition of ring'dove' -adv. [AS.rilile.] 1. In a right,or straight,line;directly;hence, severities or hardships and,usually,their acceptance;strict,undeviat- having on c immediately; next; as, right before me. 2.According to right; ing conformity to rules,standards,requirements,etc.;stringent,im- pelia risor. righteously;as,to act right. 3.In a suitable,desired,or fortunate positions which limit,curb,or coerce. turtledove. manner;well. 4. According to fact or truth;correctly. 5.Colloq. ria'ma•role (rig'md-rol), n. [For ragman roll, fr. ME. rageman ringed(ring _ Exactly;precisely;as,right here and now. 6. In a great degree;very; Tocument-1-roll.] A succession of confused or foolish statements; ring;formii extremely. 7.Toward the right hand;as,some turned right,some rambling talk. a wedding i left. rig'ol(rig'l),n. [F.rigole groove.] A ring;circle. Shak. rin'gent(IT n. 1.That which is right or correct. Specif.:a Adherence to duty; rigor rfg'our(ri'e'r),n. COF.rigour,fr.L.rigor,fr.rigere to be ! gape.] Ga obedience to lawful authority; freedom from guilt;specif.,Ethics, stiff.] 1.'Rtgidity;Stan stiffness. 2. Strictness; severity; harshness. mouth;as, that which is warranted by moral approval,the ideal of moral Propri- 3. An act or inance of severity,oppressionger(rTm ety. b Just or righteous action or decision;justice;as,to petition as Zr;ri'g"er,-gfir) [L.7 Dfed. A convulsive tremor,as in the chill pre-,or cruelty. 4. (rig'- rinlodges so a a matter of right.;2.Tliat to which one has a just claim;any power ceding a fever. 5.Physiol. A state of rigidity in organs,tissues,or or privilege vested in a person by the law,custom,etc. 3.a The side, cells,during which they are incapable of responding to stimuli.-Syn. in some par part,or the like,that is on or toward the right side(see RIcaT,adj., See DIFFicOLTY. ringer,n. (J). b The outward, or most finished,surface, as of a fabric. 4. i r r; One that ei • rig or•fsm, rig Our•ism (rTg er iz'm), n. Rigidity in principle or identity,p: Politics. In some legislative bodies of Europe (as in France),those practices strictness;austerity,as of life.-tie'or•ist rig'our•ist(-Ist), lies anothe members collectively who have seats to the right of the presiding officer; n.&adj.-rig'or•is'tfe,Iig'ottr•iS'tie(-Ys'tTk),adj. also, the conservative or monarchical groups occupying these seats; mor ring'leod c hence,political conservatives or monarchists collectively. 5.Finance. IIThe rigidity idity fs (rig'"er le that occurs -gor). [L., rigor of death.] any body f A privilege to the stockholders of a corporation to purchase PIOPOr- The rigidity Of the muscles that occurs at death. violation of tionate amounts of a new issue of securities generally at Par or at a ri(z'or•ous (rlg'er•us),adj. 1. Manifesting,exercising, or favoring, ringlet(rTr price below that prevailing in the market;also,the negotiable certifi- rigor; strict. 2. HHarsh; severe; as, rigorous winter.-Syn. See esp.,a long cate evidencing such privilege.-by right or by rights. Rightly; RIGID.-rig'or•ous•ly,ado.-riglor•ous•ness,n. ring'mas'te justly;properly.-to rights. In order;as,to put a room to rights. Rigs'dag'Wgz'dag'),n. The legislature of Denmark. within the -v.t. 1.To bring or restore to the Proper or natural position;to set rigs'da'ler(rTgz'dH'1-e-er),n. [Dan.] =RIx-DOLLAR. Ring of the upright;adjust. 2.To set in order;as,to right the room. 3.To. Rig-Ve'da(rTg•va'dfi),n. [Ski.Rgveda.] See VEDA. Alberich fr do justice to;to restore rights to;to assert the rights of;also,to vindi- rig-wid'die (rlg•wid'T; rTg'wTd I), rig•wood'fe (rTg•wazid'T; rig'- music drar cafe;avenge-as,to right a wrong. -v.i. To recover the Proper or woodli),adj. Scot. Ropelike;scrawny. bear this n natural condition or position;to become upright. rijks'daal'der(riks'd'dl'd"er;colloq.-d'all"er),n. [D.] =RIx-DOLLAR, ring ouzel. right'a•bout'(rit'd•bout'),n. Also right'a;bmtt'-face'. A turning Riks'dag'Oks'dag'),n. [Sw.] The Swedish legislature,or parka- blackbird a directly about so as to face in the opposite direction;also,the quarter ment. the breast. directly opposite;as,to turn to the rightabout.-right'a•bout',adj. rile (ril),v.t. [See ROIL.] Colloq.,Chiefly U.S. To rail;specif.: ringside'(: 8-adv. a To make turbid or muddy. b To irritate;vex. a contest o right angle. The angle bounded by two radii that intercept a quarter rile'y(ril'I),adj. Colloq.,U.S. Roiled;specif.:a Turbid;muddy. ring'ster(r of a circle. Two lines forming right angles are Perpendicular to each b Irritated;also,irritable. a political other. See ANGLE,lutist. Ilri•lie'vo(r'e•lya'vo),n. [It.] =RELIEF,n.,6. ring'-strea right'-angled (-ang'a'ld; 2), adj. Containing or forming a right rill(III),n. CLG.rille,D.ril.] A very small,brook. Marked w IA : angle or right angles; as, a right-angled triangle. See TRIANGLE, rill,rille 01),n. [G.rille a furrow.] Astron. One of certain long ringworm 11111st• narrow valleys on the moon. tagious dig rjght ascension. Astron. The distance eastward or counterclockwise Wet(ril'et;-Tt),n. A little rill. fungi, and r along the celestial equator,from the first point of Aries to the meridian with vesid passing through any celestial body. Abbr. R.A. and At., also a rim(rim) n. [AS.rirna.] 1. The border,edge,or margin of a thing, rink Wrigk (alpha). usually of?something circular or curving. 2.The outer part of a wheel, I.A smog joined to the hub by the spokes;specif.,a removable outer band on an righteous(rT'chus),adj. CAS.riht wis,fr.rilit right+wis wise,Pru- automobile wheel,to which the tire is attached.-Syn.See BORDER, bowling gi dent.] Doing,or according with,that which is right;upright;equi- v.t.; RIMMED (rTmd); RIM/MIND. 1.To furnish with a rim; to bowls,the table;esp.,free from wrong or sin;virtuous.-Syn.See MORAL.- border. 2.To run around the rim of;as,in golf,a putt that rimmed usually art Amt. Iniquitous.-right'eous•ly,adv. the cup. also,a cov ` right'eous•ness,n. 1.The quality or state of being righteous. 2• rime(rim),n. [AS.brim.] White frost;hoarfrost. -v.t. To cover rinse(rTns: waF A righteous act or quality. 3. The state or quality of being rightful with rime. I in a ing or just. rime,rimer,rimester. Vars.of RHYME,etc. in washinx right'er(rid"r),n. One who sets right or redresses wrong. washing li; rightful(-f Ol;-f'U,adj. 1.hare. Righteous. 2.Equitable;just. ri'mose(ri'mos•rl-m5s'),adj. Also rim'ous(rim'us). [L.rimosus, used to w• 3. Having a right or just claim according to laws. 4. Belonging, fr,rfma chink.') Full of fissures it chinks. P sling[G held,or possessed,by right or by just claim.-nght'ful•ly,adv.- rim'y(rim'T),adj. Abounding with rime;frosty. rins'in$(ri right'ful•ness,n. rill(rin),n.sing.&pl. [Jap.] A Japanese money of account,equiv- hence,the _ ri-lit hand. 1. The hand on one's right-hence,right side. 2. A reli- alent to yi o of a sen. riot(rr'iit; Me of indispensable Person. 3. The hand of greeting;hence,wel- rind(rind),n. [AS.,bark,crust of bread.] The bark of a tree,the 1. Wild ai come;friendship. peel of a?'it.,the crust of bread,or the outer layer of anything,as of 3. A vivid . 4.Law. right'-hand',adj. 1. Situated on the right. 2. Right-handed. 3. a side of bacon. Chiefly relied on;as,his right-hand man. rin'der•pest(rin'd"er•Pest),n. [G.,fr.rind pl.rinder,cattle+pest lawful ass right'-handed(seeYron. §2) adj. 1. Using the right hand habit- pest.] Veler. An infectious disease of cattle,less often of sheep and Private ob ually or more easily than ifie left. 2. Of,pert:to,adapted to,or done goats,marked by diphtheritic inflammation of the mucous membranes, the like;ti with the right hand. 3,a Having the same direction or course as the esp.of the intestines. -v.L. T, movement of the hands of a watch viewed from in front-clockwise;- ring(ring),?. CAS.hriup.] '1. A circlet of metal;now,a small cir- Riot Act. said of a twist,rotary motion,or spiral curve as viewed from a given clot of precious metal to be worn on a finger. 2. Any circular band of if any twe direction with respect to the axis of rotation. b fIaving a structure in- metal,wood etc.,used for holding,hanging,etc.;as,curtain rings;a i lie peace, directs a clockwise direction;as,a right-handed screw. key ring. I The rim or border of a disk or wheel. 4.A cut made i[they do volvinright-hand rope. Rope laid up and twisted in the same direction into or around the trunk or a limb of a tree. 5. Any circular line, to his As, as plain-laid rope. figure,or object;a circular arrangement of things or persons. 6. An to his son. as plain lait'rop n. Politics. a A member of the right. See RIGHT, exclusive combination of persons for a selfish,and often corrupt,pur- rf'ot•otis ( n. tl b A conservative,royalist,or the like,in politics.-right'ist, pose, as to control the market. 7. A racecourse,usually circular; Wanton;I hence,an arena for competition or display. Specif.:,a The arena of a rip adj. circus,horse show,etc. b An enclosed space m which pugilists con- Origin.]] right line. A straight line. test;hence,prize fighting. 8. An enclosure devoted.tQ betting at a 2.To tak rightly adv. CAS. rihllice.] 1.Justly;uprightly. 2. Properly; horse race;hence,those who bet there,esP.the bookmakers. 9.The split(woo silly. l3. Correctly;exactly. field of a contest,esp•a political contest;as,he is in the rind for the torn apart rightness,n. Quality or state of being right;specif.:a Straightness. governorship. 10.Bot. Any one of the rings(annual rings)seen stitches. b Rectitude; uprightness. c Correctness; accuracy. d Suitability; m cross sections of the stems of most tress,nesrking the annual growth I To break' appropriateness. of spring and summer wood. 11.Chem. An arrangement of atoms nut;as,h, A� right of search. Mar.Law. The right of a belligerent to stop any represented in formulas or models as a ring;a closed chain. Cf.BEN- made by I P'1 boat 683 pudendum PT boat (pe'tc'Not'). [For patrol torpedo boat.] U.S.Navy. A pub'li•ca'tion(pub'11-ka'shtin),n. CF. fr.L.publiralio.] 1. Act of motor torpedo boat publishing,or state of being published;public notification. 2. The used for coastal patrol issuing to the public of copies of a book,engraving,or the like;hence, and convoy. See uo- the business of printing, etc.,such copies. 3.That which is pub- TOR TORPEDO BOAT. lished;esp.,any book,pamphlet,etc.,offered for sale or to public no- pter'i•dol'o•gy (tern- __= Lice. dol'o•JT; P'ter'-; 88), -_- public domain. The realm embracing property rights belonging to the n. [Gr.Pieria,pleri- 7r _== community at large, subject to appropriation by anyone; epeCff., dos, fern + -logy.] �-- status unprotected by copyright or patent. The science or study PT Boat. public house. In a general sense,any inn or hotel;esp.,in British us- o g'i•cal ferns.-ppter'i•do- age,any house where intoxicating liquors are sold by retail to be con- of (-du 'r•kr[),adj.-pter9•dol'o•gist(-dul'u•JTst),n. sumed on the premises. l pter'i•do•phyte'(ter1r•d6.f1t1;pier'-),n. [Gr.pteri.s -ridos,fern+ pub'li•cist(POVIT•srst),n. A writer on,or one versed in,international iphyte.] Bot. Any of a phylum(PteridoplLvta)of plants,including law,or law of nations;hence,loosely,any writer,as a Journalist,on he ferns and their allies. They represent the highest type of flowerless matters of public policy. plants.-pterti•do•phyt'ic (-fit'Tk),pter'i•doph'ytous (-Mf'r•tiis), pub•lic'i•ty(piilb•lrs'r•ti),n. 1. Quality or state of being public. 2. ter a Advertising of any kind. b Information designed to advance the l pter'o•dac'tyl(ter'o•dak'trl;pier'-;88),n. [Gr.pteron feather,wing in- terests of a place,person,cause,etc.,usually appearing in public print. ( +dak-i lob finger,toe.] Any of an order(Pterosauria)of extinct fly- c Any matter which secures public attention;also,the attention so ing reptiles,existing from the Lower Jurassic nearly to the close of the gained. Mesozoic. They were destitute of feathers,and the supporting surface r'. r pub 11 -ly (pub li slz),v.t.v 1 give publicity to. of the wings was a membrane which extended from the side of the body pub'lic•ly (pub'Irl:•IT), adv. 1. In a public manner; openly. 2. i along the arm to the end of the enormously developed fourth digit. Through the agency or consent of the public;as, y managed pter'o•pod (t'er'S•pod;pier'-),adj. [Gr.pleropous wing-footed,fr. utiliti x. publicly { pteron feather,wing+pous,podos,foot.] Zool. Of or pertaining to pub'lie•ness,n. Quality or state of being public. J` a group(Pteropoda)of gastropod mollusks having the anterior lobes of public relations. 1. The activities of a corporation,union,govern- the foot developed in the form of broad thin,winglike organs,with which they swim at or near the surface of'the sea.-pter'o•pod,n.- govern- ment,or other organization in building and maintaining sound and which they swim (t`e•ror near a surf adj.&n. ProductiveUrelations with special publics such as customers,employees, pter'o•saur(-sbr),n. [Gr.pteron feather+sauros lizard.] A ptero- or environment and with the public at large,so as to adapt itself to dactyl. its environment and interoret itself to society. 2. The state of such -pterous: [Gr.pteron wing.] Bet.&Zool. A combining form dent- activities or the art of organizing them. ing having(so marry or such)wings,as in brachypterous. public school. a In Great Britain,any of various schools maintained pter'ygold(tl:r'r•goid•pier'-;88),adj. [Gr.Pteryz,pterygos,wing, by the community, wholly or partly under public control,or main- fin i--oid.] Anat. besignating,pert.to,or m the region of the in- tamed largely by endowment and not carried on for profit;specif. and ferior portion of the sphenoid bone of the vertebrate skull. It com- prises commonly,any of various select and usually expensive endowed sc�iools which give a liberal education or prepare pupils for the universities. prises two pterygoid processes,each consisting to lateral and medial b In the united States,Scotland,and British colonies and dominions,pterygoid plates fused in front but diverging posteriorly. -n. Any an elementary or secondary school,now usually free,maintained by the pterygoid element,as a muscle,nerve,e, bone. local governmental authority.-pub'iio-school'(see Pron.,§2) adj. ptis'an(tTzley aizan'),n. [P.ptisane,tisane,fr.L.ptisana peeled public servant. 1. Any officer or employee of a governmental Lody.barley,bbarley water,fr.Gr.ptisane,fr.ptissein to peel,husk.] 1. A 2. U.S. Any individual or corporation,as a public utility,rendering a decoction of barley with other ingredients. 2.Pharm. A decoction, public service. as of an herb,containing little if any medicinal agent. Cf.TISANE. Ptol'e•ma'ie(tol'`e•ma'lk),ad'. 1. Of or pert.to Ptolemy the geogra- public service. The business of supplying some commodity(as elec- Pher and astronomer, who flourished at Alexandria about A.D.130. tricity,gas, ater)or of providing some service(as transportation or 2.Of or pert.to the Ptolemies,Greco-Egyptian rulers of Egypt from communicatiown)to any or'all members of a community,where exercise 323 B.C.to 30 B.C. of the calling Involves some legal privilege or a natural or virtual r monopoly. Ptolemaic system. Asir he The system maintained Ptolemy,who pub'lfo-serv'iee eor'po•ra'tion. A civil corporation organized to supposed the earth to the fixed center of the universe,about which render a public service(which see). � the sun and stars revolve. The system was finally superseded by the Copernican system, public spirit. A spirit inspiring an interest in,and active efforts for, Ptol'e•ma'ist(-Ist),n. A supporter of the Ptolemaic system. the public welfare. ptomaine(to'man;to'•man'•now rarely to'ma•-en;2),n. Also pto'- public utility. Also utility. 1. A business organization,such as a main. [It.ptomaina,fr.dr.ptoma dead body.] Biochem. Any of public-service corporation,performing some public service and subject ( a class of organic bases or alkaloids formed by the action of putrefactive to special governmental regulation. 2.Stock Exchange. Usually pl. bacteria on nitrogenous matter. Most are harmless;some may be The shares of public-utility companies.-public-u•til'i•ty (see Pron.,§2),adj: poisonous. ptomaine poisoning. Poisoning caused by ptomaines, or by sub- Public Works Administration. U.S. A government agency (offi- stances once supposed to is ptomaines but now known to r specific cially,the Federal Emergency Administration of Public Works)to pro- bacterial poisons in spoiled food, vide employment through work on public protects,created by act of pto'sis(to'srs;p'to'-;881,n. [NL.,fr.Gr.ptosis a falling.] Med. Congress June 16,1933,and administered by the secretary of the in- The failing down or prolapse of any Part-specif.,the drooping of the terior. f iquidated June 30,1944. upper eyelid,as from paralysis of a muscle. publish(piib'ITsh),v.t. [OF.publier,fr.L.pitblirare,publicatum.] pty'a•lin(ti'a•Irn;p'ti'-),rt. Mr.ptyalon spittle.] Biochem. The 1. To make public;to divulge;to proclaim. 2. To bring before the amylase of saliva in man, public,as for sale;esp.:a To print and issue from the press as a book, pty'a•L(sm (-ITz'm),n. Mr. ptyalisrnos.] Salivation,or excessive newspaper,etc. b U.S. To put into circulation;as,to publish coun- flow of saliva. terfeit paper.-Syn.See DECLARE.-pub'lish•a•ble(-4-b'l),adj. pub(Dub),n. Brit.Slang. A public house;hotel or tavern. pub'ltsh•er(-Zr),n. One who publishes;esp.,one who issues from the Press,and offers for sale,books,periodicals,music,maps,and the like.(pia oo E pu'ber•ty (p3'N"er•tT) n. [F,or L.; F.puberte,fr.L.pubertas fr. puc•coon' kn'), n. [See 1st POKE,n.] Bot. Any of several puber,pubes,adult.] The state or quality of being first capable o�be- American Plants gelding a red or yellow pigment;also,the pigment. getting or bearing offspring; the period at which sexual maturity is Specif.,the bloodroot. reached. The age of puberty is commonly designated legally as four- puce(pus),n. [F.,fr.puce a flea fr.L.puler i teen for boys and twelve for girls. P clicis.] A color,red pa•ber'u•lent(pu•ber'u•lent;-oo•VIlt),pu•bex'lt•lOus(-h s),adj. Bot. in line,of low saturation and low brilliance. See COLOR.-puce,adj. Minutely downy covered with fine pubescence. puck(piik)i n. [Also gook fr.ME.pouke,fr.AS.yuca.] 1. One of a pubes (ly downy; n. ere pubes(infine sense a a),fr.pubes adult.] 1, class of evil spirits;a mischievous sprite;specif.trap.],Robin Good- Anat. a The hair which appears upon the lower part of the hypogastric fellow. 2. A disk of vulcanized rubber used in the Same of ice hockey. region at the age of puberty. b The pubic region. 2.Bot. Pubes- puck a, puk ka (piik a), adj. [Hind. pakkr cooked, ripe, solid.] cence. Cok,., Anglo-Indian. Good of its kind;genuine. a pn•bes'cent(pu•bes'ent 'nt),adj. [F.or L.;F.,fr.L.pub UP puek'er(piik'e"r),v.i.&t. [Freq.fr.POKE bag.] To contract or draw -entis,Ares.part.of pubescere to reach puberty,grow hairy.] 1. Ar- up into folds or wrinkles. -n. A bulge,fold,or wrinkle,made by riving at puberty; characteristic of or pertaining to this state. 2. puckering. Downy or hairy;covered with soft fine hairs.-pu•bes'celtce(-ens; puck'er•y(-T),aft. 1. That puckers easily;also,puckered;as,puck- s -ow n. ery cloth 2. That causes puckering of the mouth. r r uCk'ish(puk'rsh),adj. [also ca pu bic(phi bTk),adj. Anal. Pertaining to or designating the region of P p.] Mischievous. the pubes,or the pubis;as,the pubic symphysis. pud'ding(Pood'Tng),n. [ME:pudding,poding.] 1. A piece of in- pu'bis (pu'bTs),n.;pl.PUBES(-bez). CNL. See PusEs.] Anat. f testine stuffed with seasoned chopped meat,or the like,and boiled. Zool. The ventral and anterior of the three principal bones compos[ng 2. A dessert having flour or some other cereal as a foundation,with either half of the pelvis. added eggs,milk,fruit,sugar,spices,etc. Cf.YORKSHIRE PUDDING. pub'lie (pib'ITk), adj. [F., fr. L. yy,ieblicus (after pubes adult), fr. pudding stone. =CONGLOMERATE,n.,2. poplicus,fr.populua people.] 1. Of or pertaining to the people;re- puddle (pud"I), n. CME. puddel, podel,dim.fr.AS.pudd ditch, rating to,belonging to,or affecting a nation,state,or community at [urrow.] 1. AA very small pool of standing water. 2. Clay,or a mix- ;, large;-opposed to private. 2. Open to common or general use,en- lure of clay and sand,kneaded or worked,when wet,to render it ini- Joyment,etc.;as,a public meeting. 3. Open to the knowledge or pervious to water. -v.t.;-DLED(-'ld);-DLING(-ling). 1. To make E view of all;generally seen,known,or heard. 4. Engaged in activities, muddy;to muddle. 2. a To make- die(sense 2)o-(clay or loam). esp.unofficial activities,carried on for or before the public;as,men in b To make impervious to liquids by means of puddle. 3. To subject public life. 5. Having a civil,or official,status representing the pub- (iron)to the process of puddling. 4.Agric. To work while wet,as lic;as,a public prosecutor. -n. 1.The general body of mankind, the soil in rice fields.-pud'dler(-I"er),n. or of a nation,stater or community;the people,indefinitely;as,the Puddling(Dud'ITng),n. I.Hydraul.Engin. a The process of work- American public;also,a particular body of people;as,the reading ins clay,loam,pulverized ore,etc.,with water,to render it compact or public. 2. Colloq.,Brit. A public house;an inn, impervious. b Puddle. See PUDDLE,n.,2. 2.tlfetal. The process j pub'lic-address'system. An apparatus for broadcasting speech, of converting pig iron into wrought iron or,now rarely steel by sub- music,or other sounds to a large audience,as in an auditorium or out icctIf it to heat and frequent stirring in a furnace(puddling umace) of doors. it includes one or more microphones or other pickup de- in the presence of oxidizing substances. t vices,an audio-frequency amplifier,and one or more loud speakers. pud'dock(piid'lik). Dial.var.of PADDOCK,toad. Called also PA,P.A.,or p.a1 systern. pu'den•cy(P&den•sl) n. [LL. pudentia fr.pudens,Ares.part.of pub'li•can(pub'll-kin),n. LOF.publicain,fr.L.publicanus.] 1. pudere to be ashamed.] Modesty;shamefacedness;extreme prudish- Rom.Antiqq. A farmer of the public revenues;hence,a collector of toll. Bess. 2. Brit. Iiceper of a public house. pu•den'dum(pu•den'dum),n.;pl.PUDENDA(-d8). 1NL.,neat.of pu- 1 ' ? C/ear�ty, ThO Bute-Ce//u/ar Neamul*. t� April 29 , 1991 Allen Smith Attorney and Counselor at Law 737 Roanoke Ave Post Office Box 1240 Riverhead, N. Y. 11901 Subj _ CPCN Coordinate Clarification The coordinates (latitude and longitude) that appear in the New York CPCN for Metro One reflect the original system design. Between the time the original design was filed with the State of New York and system went into service many changes were made in the final design. Four years elapsed between the time the original system design was filed with the FCC and the system went into commercial service. As a result of that timeframe many changes were made due to the availability of sites and finally, contractual obligations to coverage requirements by the equipment vendor. The resultant approval of the CPCN from the State of New York stipulated which counties Cellular Telephone Company d/b/a Metro One had "Utility" status. Those counties are Rockland, Putnam, Westchester, Bronx, New York, Richmond, Kings, Queens , Nassau, and Suffolk. Metro One . retained all rights to make system design changes or enhancements at any time that benefits its customers. If you should have any further questions regarding this subject, please don't hesitate to call me at (201) 587-7952. Sincerely, Christopher J. Resavy Engineering Manager - Systems Implementation CJR:cr QC. F. Weingart file 365 West Passaic Street, Rochelle Park, New Jersey 07.662-3015 • (201) 581-7886 Page 31 - April 30, 1991 Public Hearing - Cellular Telephone. Company Southold Z.B.A. Appl. No. : 4022 ,�,Applicant(s) : , Cellular Telephone Company uocation �of Property: 415 Elijah' s Dane, Mattituck, NY County Tax Map No. : 1000-108-4-11. 3 CHAIRMAN GOEHRINGER: Thank you very much for coming in, it' s pleasure meeting you gentlemen. Are you going to leave? MEMBER DINIZIO: Yeah. CHAIRMAN GOEHRINGER: Are you going to sit here or are you going to leave? MEMBER DINIZIO: No, I'm going to leave. CHAIRMAN GOEHRINGER: Okay. MEMBER DINIZIO: I just want to make a public statement that I work for a company that perhaps could compete with you gentlemen so I would like to beg off if you don't mind. I 'm going to leave the room. CHAIRMAN GOEHRINGER: I have a declaration and in the file, also for Mr. Smith that I have a Metro One Telephone. Do you have any objection to that, to my sitting on this hearing, please voice your opinion at this point. The Chairman opened the hearing at 8: 48 pm and read the notice .of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the Suffolk County Tax Map indicating this and surrounding properties and I have a copy of a plan produced for Metro One indicating the one story framed barn that presently exists and the concrete building as it presently exists and we will ask Mr. Smith if he would like to continue. MR SMITH: Thank you Mr. Chairman for the record my name is Allen Smith, I appear as counsel to William D. Moore the Attorney of record in this matter. Mr. Moore has had the good fortune of having the local Rotary Club sponsor his trip to Europe and God bless him. He even took his wife who is a rotarian and their baby of less than six months I think or SO. For the record this evening, I have with me to address various aspects of this application, Christopher Resavy, Glenn Witte both are engineers with Metro One and both of which I have supplied the resumes for, to you. Mr. Ronald Petersen is an engineer with AT&T and can and will as this matter progresses address any radiological effect questions. Mr. Peter Papay is a licensed engineer who deals with the 7 Page 32 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. MR SMITH, cont'd: issues of the pole, its ability to withstand wind and the like. Mr. John Nickles is a local appraiser in this particular matter and I will introduce his opinion letter in a moment, relative to the effect that the proposed use on the neighborhood. And lastly Roger Grutzmacher is the architect who will address -those issues attending to the visual aspects of the proposed use. I will admit readily. how provincial I am relative to Metro One and/or Cellular Telephones. The first time that I became. aware of the importance of Cellular Telephone was about four or five years ago. Some of you know I'm a member of the Red Hook and Ladder Company of Riverhead Fire Department. As you may recall, all of us in the fire service were called to a rather large brush fire during the tenure,of Chief Richard Gadzinski when the Pine Barrens burned between Eastport and Riverhead. It was at that particular time that they called out our truck 629, which had a Metro One type device in it, in that all the trucks that were responding to the area were unable to communicate, because everybody was . stepping all over everybody and on both of the channels that were available to us. You may know that the fire service moved a comparable unit to 62.9 on the west end of the fire and in fact that particular fire in our locality was coordinated through the use of the cellular telephones because our ordinary radio communications were so messed up they were ineffective. That experience in talking to these gentlemen and the equal at Metro had been duplicated for instance in the Avianca crash. The plane took down all the standard land lines that were available- and in fact at the varying units responded and they cluttered the airways yet again, but for the fact that the citizens in that particular area and the chiefs in Nassau County generally have cellular telephones in their chief cars communications was handled in that particular regard. Another particular example was the San Francisco earthquake that we all witnessed. during the World Series. Again if there was not a cellular network to coordinate the emergency response there would have been no ; response because of the severing of all cables on the ground. I have on occasion used car phone, as maybe some of the rest of you have, .calling fires. I recall calling in a signa1. 13 at the Walsh asphalt plant one day. The point of all of this is to say that although this technology is coming to Southold it is not a new technology. It is very much a cart of the utility system both of our area and San Francisco, Nassau County and other places. I find that in the examination of the fire safety manual for the county of Nassau that most of the police in Nassau county and the' ambulance service in Nassau County have cellular now. I know that the Wading Department- has cellular in every chief ' s car. In fact as you may know the 911 system is integrated into the Metro service, Page 33 - April 30, 1991 ; Public Hearing - Cellular-, Telephone Company Southold Z.B.A. MR SMITH, cont'd: such that as we travel up and down the road with our cellular telephone we do not have to know the particular phone number for the Southold P.D. if you will or this tower up, we would simply punch in 911 and we would end up with Southold P.D. Of I suppose the last point in dealing with where this technology is and how integrated it has gotten into our society is to point out how it has become part of commerce and industry of our area. Of one of the customers of Metro One is one of the off-shore boats. As you may know he cannot use his ship to shore to radio for' the purposes of commerce, because it violates the rules among other things and if he did he would populate the airwaves to the detriment of everyone else. This particular captain uses about. $500 a month in services from Metro One. Essentially coming off the towers in the south fork, so that he knows the market, where he should bring his boat in with his catch, when to bring it in, things of that particular nature. Which he cannot do with the ordinary ship to shore radio. All that being said, I have one tape to show you should you wish, and I 've raised the one issue that, brings these people here as exemplified by the coverage issue. At the moment if I were to get into my car this evening and see an accident on the North Road and I dial in 911 the chances are that I would not get a local police station. I would bounce over to Connecticut. There is a gap in service with reference to the Metro One system, this is within their franchise area and that is why they are here and that is why they are building a tower at the police station in Peconic and they .propose to build this tower in Mattituck. I have a tape, it' s not a good tape, I can save it for the end, I can show it now. What it shows on the tape, if you are in fact interested, is a testimony of why a police chief in New Jersey, whose radio tower was struck by lightning and he tells you as` one. municipal board to another how much more in fact that he had cellular capacity. He would have been out of service and out of touch with his cars, but because- he had cellular- and the redundancy that it provided to his vehicles that he was able to function. The other one that you see 'is the technology that' s coming into the fire service where a particular town in New Jersey is installing the Metro One service with fax machines, ,such that as we get an alarm and we respond on our trucks that the fax, there will be pre-plans, say the old Perkins Motel in my community such that pre-plans will be fed into the fax machine by the dispatcher and they would turn out on the trucks as we responded to the alarm. Lastly, on this particular tape, and again I ' ll play it if you wish or I ' ll hold it till the end, is the testimonial by the people in EastHampton, who are doing very much the same thing that the Town of Southold was doing with Metro One at the police station in terms, in Southampton they've already done it, Page 34 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. MR SMITH, cont'd: where Metro One has in fact built a tower and has brought the police communications up onto the tower. I suppose the last thing that I would say in that particular regard is not a fire service thing. It relates to the, I think 'it' s called A.L.S. System, that is now part of our ambulance service and is becoming more a part of our ambulance service, advanced life support system. As those E.K.G. ' s and the other more sophisticated monitoring systems come into the ambulances. as our E.M.T. ' s and A.M.T. ' s respond from areas such as Southold and Riverhead to Good Samaritan Hospital, I think you understand that all of that telemetry is not done on the radio wave it is done over cellular, just- simply because of the capacity and .the refinements that cellular technology affords as opposed to the standard emergency treatments we simply operate. The issue before you this evening has been properly defined by the chairman and by Mr. Moore and I 'm to deal in this first instance with the special exception nature of the application. .Many of us know Judge Stark, who' s probably one of the better or best judges that we have in Suffolk County, and is someone that grew up here in this particular community and as Mr. Moore has provided to the chairman a particular decision where Judge Stark writes about the special nature of dealing with a public utility structure and a zoning ordinance. He: wrote, public utility structures serving the entire community have historically been recognized as reasonable and proper uses in all types of use districts, because of the technical and engineering requirements particular to such structures in the area serve. That' s the whole issue that' s before us on the special exception nature. I have for you, I will hand out your decisions some years ago, with reference to the AT&T towers in the community. As the Board Members will note, one of the Board Members was in fact present during these particular decisions, at the bottom of' the first page that I have handed up to you, Mr. Douglas recites, that we couldn' t find any reason to attempt to obstruct you in the communications here, we have very strict rulings in fact to go by in the State of New York rulings on public service utilities, etc. There were two hearings that particular evening. On the last page that I have handed up to you, Mr. Douglas immediately prior to that particular resolution. Again I make a statement that we. are controlled very strongly by law and public utilities with that as our guidelines. I will again make a motion, etc. So, although I am dealing somewhat with a new technology in terms of the cellular aspects of what is before the Board this evening, it is not an a new issue to this particular Board. . There is a certain logic that is inherent in dealing with utilities in this particular regard as it relates to zoning. I suppose the easiest example would be to deal with electric utilities and 1 Page 35 - April 30, 1991 Public Hearing - Cellular..Telephone Company Southold* Z.B.A. MR SMITH, cont'd: if in fact height restrictions, architecture review and things of that nature were to apply in the strictest sense to electric utilities, in some of your more restricted residential zonings, we could not supply people with electric utilities, the. sewer, water, things of that particular nature have this special kind of special exception, if you will, such that the boards state, this Board in particular have granted the right under the ordinances to examine the particular application and make a determination .on the particular application whether or not there is an adverse effect on the environment, neighborhood, all the criteria that' s spelled out in your special exception prevision. The last thing I would say with reference to the public utility issue is this, that I have for you and I will introduce later on if it' s of interest to you, some of more precise definition of the longitudes and latitudes that are called out in licensing the papers that you have been given by Mr. Moore, but in fact these people are compelled as a matter of law to serve their franchise area. They and NYNEX in this particular instance. There are two franchisees, if you will, for the Town of .Southold. If it were true that the Zoning Board -of Appeals of the Town of Southold were to deny to NYNEX or to Metro One ,any right .to engineer if you will, these towers again they must do so considering the neighborhoods, the effect of the tower and all the rest of that. You could as a local zoning board or a local zoning ordnance frustrate the franchises that have been given by the public service commission of the State of New York to this entity and to NYNEX and by the F.C.C. to these two entities to serve this particular area and I suppose I don't have to give you a citation necessarily but such a result might be contrary to either common sense or to the federal system under which we work. All that being said I would introduce the architect and I have asked him to please depict for you the existing conditions and. as the site will appear with the tower. MR GRUTZMACHER: Good evening. My name is Roger Grutzmacher for the record, I 'm an architect, these drawing are prepared. under my supervision in my office. As part of the, I' ll keep the presentation brief, I' ll just go quickly to where we're locating the tower in a brink, show you some exhibits that show existing and proposed conditions. Metro One primarily needs two items in order to operate. One is a relatively high spot in which to locate their antennas, in this case we are proposing a monopole tower, the other is an equipment room, to house their equipment which -is -an accessory structure for that antenna. In this particular site we' re locating both of those facilities, the tower and the building to the rear of this one story framed building which is Page 36 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A MR GRUTZMACHER, cont'd: located toward, if there is a front yard, certainly toward the front yard of what we' re proposing. Access to our facility in the rear which is a modification to an existing building, it is not a new building, we' re merely going to give it a face lift and recondition the interior to meet our purposes. The actual - building is shielded from the front by this existing frame and access will be by a road toward the rear, we' ll also be introducing two parking spaces back here.. We don' t really need a lot of parking because visits to the site are on a nature of possibly two times a month to check equipment. The actual room itself is unmanned. I think at this point I would like to show what this existing structure looks like currently and what we propose to do to it. The building, it' s about 720 square feet, it' s a block structure. It is shielded by some natural vegetation and landscaping. The building, structurally sound is a bit lacking ascetically certainly, we do also have to put a new roof on this structure. We are going to give it a total face lift and I' ll show you what I mean by that. This is a rendering of that same scene. Let me put them next to .one another so you can really see it. The, what we would do to just quickly go through it, the building we know it' s structurally sound, we would sound the block and make sure that .it' s cleaned up and . which then we could apply the new stucco finish which is here. Colors, it' s very flexible, we would chose an earth tone brown because it seems to fit in with the area a bit more appropriately than some thing that might be. a more in the primary colors or what have you. As I said it' s an existing building, we will not be extending it at all. We are merely giving it a face lift. The building to operate it requires no sewage. There is no water to this site, the utilities that we do bring into the site is telephone and power, electricity. That is all. And it is brought in through ground lines, it would be buried, there are no overhead lines here that we would be adding or bring into the site. Let me show you now the mono-pole. CHAIRMAN GOEHRINGER: Is there anybody in the audience that wishes to see these, we could move the, what I ' ll ask you do is just move the easel back a little bit. Maybe you want to change your set over to this side. MR GRUTZMACHER: Okay, as I mentioned there is an existing, the two existing structures. This is our equipment room which we' re are proposing the face lifting for. This is the existing barn structure towards the front and this is the proposed- 100 foot mono-pole. I believe it' s actually 102 feet. Chris is that correct? Okay. Give me an idea, this is pretty accurate because we've transposed it onto an actual Page 37 - April 30, 1991 Public Hearing - Cellular:. Telephone Company Southold Z.B.A. MR GRUTZMACHER, cont'd: photograph of the site, we've rendered on the new finish here- and we.'ve located the mono- pole to scale. To give you an idea of scale, trees in the background are in the area of 45 to 50 feet in height and as I said the mono-pole is about 102 feet in height. Both. structures. are located to the rear, again, I ' ll give you some dimensions on the .mono-pole at the base. it' s about, and Pete I guess you could bail me out is this an eight foot base mono-pole? MR PAPAY: The actual base of the steel mono-pole itself would be 37 inches in diameter. But the concrete foundation will be in the neighborhood of six to eight feet. MR GRUTZMACHER: The platform at the top is approximately, it' s three sided, it' s a triangle, each side would be about 12 feet in width. The actual size of the antennas of which there will be nine mounted on the top about four feet in height. If you have any questions, I'd be glad to answer them. CHAIRMAN GOEHRINGER: Do you have questions Bob? Do you want me to go, okay. There will be some lighting on top of this? MR GRUTZMACHER: That' s, we could. check into that. METRO ONE: Do you want me to address that now or? MR SMITH: We'll get you up in a second I' ll answer it' now and then we' ll answer it again. The lighting is subject to an F.A.A. approval the consulting engineer, not this particular gentlemen but he can testify to it. It says that there shouldn' t, the striping and lighting aspects are not. required but this gentlemen will address that in a moment. Whatever the Board does as in the other applications .that I have in the east end, I will produce for you and I would have to in any event before "any building permit would be issued the F.A.A. determinations relative to lighting and striping if any. They don' t believe -.at this particular moment that it would be required.. CHAIRMAN GOEHRINGER: Okay. Because of height Allen? MR SMITH: Height is one of the considerations where they actually file with the F.A.A. and different places they don't have to. For instance, the one that' s somewhat higher nearer the Banks is not going to be particularly lighted because they don' t, it does not effect aviation. CHAIRMAN GOEHRINGER: Okay. What is the width of the actual Page 38 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. CHAIRMAN, cont'd: antenna on top of the mono-pole? MR GRUTZMACHER: It' s approximately 12 to 14 inches in that range. CHAIRMAN GOEHRINGER: And what is the length? MR GRUTZMACHER: Four feet. CHAIRMAN GOEHRINGER: Four feet total? MR GRUTZMACHER: Yes. CHAIRMAN GOEHRINGER: Four feet in height? MR GRUTZMACHER: In height. CHAIRMAN GOEHRINGER: Okay what is the width this way? . MR GRUTZMACHER: Well the whole triangle, the platform, there are three of those antennas mounted on each triangular leg. It' s about twelve feet. CHAIRMAN GOEHRINGER: Are there steps leading to that antenna in anyway? MR GRUTZMACHER: What' s usually located. on mono-poles are they' re little struts that run up the pole. If Pete, Mr. Papay the structure engineer, he' s more familiar with the actual tower design, but generally the workmen that come out to maintain and actually install the antennas have these legs that they will put in as they go up. Some are located on, but to a certain height. CHAIRMAN GOEHRINGER: So no one will. climb. MR GRUTZMACHER: That' s correct. And the compound we' re going to secure- as- well with a fence around the entire perimeter. CHAIRMAN GOEHRINGER: Have any of these been constructed in an area that we could visit within the next couple of weeks? MR RESAVY: The closest mono-pole we currently have constructed is Laurelton which is right out the JFK Airport. CHAIRMAN GOEHRINGER: Right outside JFK? MR RESAVY: Yes. CHAIRMAN GOEHRINGER: Would it be easily, could I just have Page 39 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. CHAIRMAN, cont'd: your name for the record. MR RESAVY: Christopher .Resavy. CHAIRMAN GOEHRINGER: Okay. Would it be easily depicted if I was to see it bearing in mind that there are many antennas near Kennedy Airport. MR RESAVY: Yes you can easily depict. which side it is.. We can give you exact directions on how to get to the location. That particular pole I believe is only 75 foot and the F.A.A. has requested we put a marked red light on the top for observance features only. It' s not a requirement, but they've asked us to do that as a courtesy., CHAIRMAN GOEHRINGER: Very good. Thank you. Do you have any thing else that you'd like. Great thank you. MR SMITH: Mr. Resavy, this young man is the engineer for, . together with his comrades on my .left who can explain to liberal arts students like myself how these things work and why you need one in Peconic and you need one in Mattituck and. you need another in Northville and one over in Montauk. It is somewhat technical on, I thought about reducing it to writing and. trying to submit ,it to you. It just would go on. forever. I 'm going to let him try to explain to you how this system works and why they have multiple sites and probably just try to answer your questions there. MR RESAVY: For the record my name is Christopher Res'avy, I 'm the engineering manager for Metro One. If I can I want to use some exhibits to try to give you an idea of how the cellular works. The map that' s located on this board is the. entire area that Metro One is licensed to serve from the F.C.C. The areas of New York that are outlined here is what' s granted to us both by the F.C.C. and the New York C.P.C.N. to give you public utility status in the State of New York. Cellular is.- based upon the ability to reuse frequencies and some of you are aware, mobile telephone service has been in operation for many, many years. The first service actually started in. 1946 with the Hobockin police, the first ones to use mobile radio as a form of communication. From that it has grown to a mobile telephone service that you needed an operator, operators assistance in order to place a call.. A few years later, that was replaced with an automatic type system with one transmitter, located with very high power, with one receiver. From that you could have unlimited amount of users on, because I believe at that time it was only four channels still and that was in the early fifties. From that grew the next generation of mobile Page 40 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. MR RESAVY, cont'd: telephone service in which there was: still only one high powered transmitter but the service was enhanced to twelve channels and at that time it was also invoked or developed in a point that there was multiple receiver locations because what they found was although that high powered transmitter could get out long distances, the ' weakest link between the mobile and that transmitter was the received passed back to the people, so they setup a system of multiple receiving locations. so that the.- conversations could be a lot clearer than what they were in the past. Although in about the mid sixties Bell Labs, Motorola, spun the idea of cellular and that' s where it really started and that was the ability to reuse frequencies in a multiple. pattern over and over and over again. While working with the F.C.C. , and going through many, many, many years of development and trials and measurements and things that they were trying to do, lone about the mid seventies the F.C.C. granted Bell Labs permission to do trials in a few areas of the system, of the country to get some actual measured data in a much unused, unutilized frequency ban. That frequency ban correlates to what used to be on a lot of the older T.V' s and that was channel 67 to channel 83 on your UHF dial.. If you remember those two step dials that we used to have, I still have one in my house although I can't tune into a frequency I don't know why. Selectively of the channel I guess. They were re-allocated later to cite. The trials that I mentioned, they were done I think in four parts. of the country, one was in Newark, Chicago, L.A. , and I believe some place in Texas, I'm not sure were. But from that cellular was born in 1976, where they actually started to invoke and develop all the specks and everything else that goes into what we have today as you know is cellular. I was. lucky enough and I 'm not, I 'm luckily still a young person I. think, but I was lucky enough to get into cellular back in 1981, so I got to learn from some of the best designers and engineers of this system, how this stuff. actually worked. To give you a little idea, they went through numerous generations of what kind of polyarn was the most regular reuse thing to use, they tried squares, they tried pentagons, hexagons, and it came up that one of the Bell 'Labs engineers actually wrote a paper on beehive study that he had preformed and he was doing something for the military on structural support. Well it happened that one of the other engineers in Bell Labs was working on Cellular, . so that pattern that he had put together and it was so regularly shaped that after a little bit of work with that it was then determined and accepted that a hexagon would be the most regularly reused shape to use for cellular. From .that, you can reuse frequencies in a regular patterned shape. We have depicted here on the board is a hexagon in many forms abutting each other and as you can see Page 41 - April 30, 1991 Public Hearing - CellularTelephone Company Southold Z.B.A. MR RESAVY., cont'd: they can be readily reused. What we currently have is a situation on the North Fork of Long Island where we have a new site that we are beginning construction in Southold and Peconic, the proposed location - .,. here in Mattituck which would be our missing cell site and some of our existing locations. We go back to the ability to reuse these frequencies, this missing cell location here would be the Mattituck site. This could be the site down on the bottom here, site 71, down here site 72 could be out here and this could be Riverhead out here which. by way is our water tank, it just happened to fall that way in the plan. The ability to reuse frequencies comes in a regular type . pattern, in our particular system, it' s like a chess move, the ability to read it' s frequency and that' s a knight move if anybody remembers that. The knight takes two steps up and one over. So, the same type of example here, one, two over, these two locations would read it' s frequencies.. With this site missing, this signal is stretched into this area, thus stretching it' s ability to reuse its ,frequencies. This guy . has a greater potential for interference in here. and if anybody is familiar with _C.B. ' s, when C.B. ' s first came out with 23 channels, everybody could use it „with very readily ease because it wasn't a lot out there, but as it got more and more popular people got accustom to their own home base channel as it were at the time. If it was channel two, then you ha& two people trying to talk inthe same general location apart from each other, usually the conversations got walked on and you couldn't hear that party that well. Cellular uses the same kind of concept. We have to keep separation distance involved in. That' s how we can't come up with our regularly spaced -intervals for the. south side . so we - currently _have located here. It' s done by process of grids placed over the map from which we develop a search area that we look and .we search for.' Now we had three criteria for a cell site, availability, owners willing to deal with us,, and that the site fits the criteria that we need for coverage. In particular the location that we have picked in Mattituck we were able to find those three criterias. We were able to get a piece of property that was available to us, in a zone that, was pretty amenable I guess to our uses, and we were able to get a landlord that was willing to deal with us and the best case, .which was the last one that worked for us. So that' s kind of the particulars about this location. MR SMITH: I 'm going to steal a little bit of his thunder and I've worked on this a little bit. What he' s leaving onset is the glass half full or half empty. Is that as you begin to move the tower to the west, he begins to fall out of these grid patterns that he has described to make the system as he moves to the east he has a similar problem. Page 42 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. MR SMITH, cont'd: As a consequence in. the area where they need the town, this is within the area and as he has probably described the issue. Again I suppose the one thing that' s left unsaid is that what makes this work as the gentlemen from AT&T .will say in a moment 'is that the wattages, the power involved in these things are relatively low. They don't bleed over from one area to another. You could probably make a tower in Orient or Montauk big enough to reach all the way back into the city, but it would step on everything in between and the system would be infected.. The reason that this works is that these are very low power sites and that actually the signal is transferred by telephone line from station to station and that' s what makes it clear. True? MR RESAVY: Very true. MR SMITH: Why don' t you let these folks ask you questions. . MR RESAVY: Do you have any questions? Let me clarify the F.A.A. point about light that was brought up earlier. We initially filed this location with the F.A.A.. and they came back and gave us a ruling that lighting and marking would be required. We reviewed that we questioned why, because there are particular rules that apply to part' 77 for flight aviation patterns. So we contacted a consultant that we use, Mr. James Hennesy a number of years ago was the head of the F.A.A. and for many years ran that organization. We gave all the particulars of this location to him for his review and his opinion. After a very careful review and some contact with the F.A.A. it is his opinion that we do not need lighting nor marking. On our behalf he has re-filed this location with the F.A.A. , he is right now seeking an interpretation of the initial ruling that they gave for the location and we expect that within the next two weeks to thirty days it takes anywhere in between that to get the final answer of the F.A.A. and once we have that we will submit that to the Town, but at this time it 'is Metro One' s opinion that we will not need lighting and,marking. As in the case with Laurelton if the F.A.A. wishes us to light this for safety reasons without the marking we will do so. MR SMITH: That way we will supply that in the contents of the lights consideration. MR RESAVY: And that would be the flashing red lights on the top. CHAIRMAN GOEHRINGER: At all times or only during night time hours? Page 43 - April 30, 1991 Public Hearing - Cellular.."Telephone Company Southold Z.B.A. MR RESAVY: Whatever they specify for us. That is specified. by night we must adhere to it. CHAIRMAN GOEHRINGER: I tell you the reason why it concerns me having flown in several small. airplanes, that is a circling area and having the .benefit of having a private. airport in the great hamlet of Mattituck, the tower I would assume at being 104 feet in height could be a hazard to pilots, I have not had the luxury of flying, either flying in or flying out of Mattituck either in ,early hours of the morning. prior to the sun coming up or to the sun going down. But those are the times that most concern me.. MR SMITH: Certainly if the Board wanted to call out something. more than the'F.A.A. would require, we would be happy to do so. Certainly we can't do less, I guess is what I'm saying. CHAIRMAN GOEHRINGER: I understand. Okay. Yes, question? (UNIDENTIFIED) : Bill and I live right across the street from the Baxter building and the flight of the planes going to Mattituck Airport is only'-one block away from our houses. CHAIRMAN GOEHRINGER: I know the feeling. There are many more questions we are going to ask here so, you know, and it appears that these gentlemen and ladies have brought a substantial crew of people here so. METRO ONE: We' ll try to answer as many questions as we can. CHAIRMAN GOEHRINGER: Believe it or not it' s still a fairly early hour for this Board. Thank you. MR SMITH: I reduced Mr. Nickles' statement to writing, it will make things go a little faster'. MEMBER VILLA: Before the engineer sits down I have a question and that question is why do you need the height of 102 feet when you know you said the one in Kennedy is. like 75 feet? MR RESAVY: I believe the Southold tank tower is 125 feet, the proposed location out, here in Northville is 100 feet and each of the locations here we are an existing 300 footer here that we' re at 150 feet in Southampton, We' re on the Hampton Bays water tank and believe our. MR SMITH: I believe he' s asking why 104 here. Page 44 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. MR-RESAVY: I 'm getting to that. According to the topology, we need vary and different heights, we did actual drive tests., in this location to determine the lowest height that we can go for this location and it was evaluated that with the proposed location , in. both Northville and Southold, the Peconic police station that the 100 foot, 102 foot overall height is what Metro One would require to provide the service that we need to provide to our customers. MR SMITH: The next witness is. Mr. Nickles.. As I stated to the Chairman when I began to a degree that I could pre-file some of this testimony I would do so, Mr. Nickles is present, the aspect of the special exception that he testifies to is the effect. The letter reads in closing, it is my opinion , that the mass would not have any measurable effects upon the neighborhoods fair market value beyond the effect of the. existing L-B. use or future L.B. uses as allowed under the Southold. Town code. In the brief, that was presented by Mr. Moore,- he goes into some detail in mentioning the other possible uses of the Baxter. site, Mr. Baxter is in fact present should there be any question about the existing structures and the fact that they remain vacant for some period of time and have been used for commercial purposes. If there are any questions of the Board of Mr. Nickles I can have him answer those questions. CHAIRMAN GOEHRINGER: I have no specific. questions of Mr. Nickles at this time. I do want to address a question to Mr. Baxter later. MR SMITH: This brings us to two of the health issues. Mr. Petersen' s resume has been given to you earlier, he is an expert with AT&T Bell Labs and the, he goes into rather great detail, I'm not sure that I understand a great deal of the detail, but in the closing paragraph, closing phrase of this particular letter. The proposed Mattituck Cellular Radio installation will not present any .health problems to members of the public. He is of course referring to the nature of radio waves and light as the previous engineer stated to the Board this frequency and the strength of the signal is the same as was used in our T.V. sets some years ago so I don't know that. this is an issue. But if anybody has a question, I ' ll have Mr. Petersen answer the questions as health effects and radio waves. CHAIRMAN GOEHRINGER: My only concern is that. of disruption to any particular devices that might exist in the local houses around the antenna site. MR SMITH: That' s an engineering question that this young man .'d Page 45 - April 30, 1991 Public Hearing - Cellular. Telephone Company Southold Z.B.A.. MR SMITH, cont'd: can address. MR RESAVY: I can address that. , We can provide a document to the Board that we' ll give Allen Smith. We've got a letter from the F.C.C. in charge of the New York area which encompasses all of this .location that the five years that Metro One has been in service we have not interfered with any commercial consumer device within our service area. CHAIRMAN GOEHRINGER: That includes cabl.evision in any form? MR RESAVY: That includes cable t.v. , microwave ovens, t.v. service, any consumer electronic device that is made for the, market place. CHAIRMAN GOEHRINGER: What about a hamm radio. MR RESAVY: No. The ability to reuse frequencies is also that we can co-locate in many different areas, so as we are located on the tower in Southamptonwe are also co-located there with several hamm operators as well. Several other services. CHAIRMAN GOEHRINGER: Thank you.. MR SMITH: Mr. Chairman, one of the other gentlemen has given me a copy of a letter dated February 28, 1991, of the F.C.C. which appears. to be the letter that was referenced. One of the additional issues that arises here and I did not have the opportunity to pre-file it, is the structural engineers inquiries, Mr. Papay will address those, maybe to save us all I will tell you my experience in briefing this particular matter I said to Mr. Papay, "Can we blow this tower down" , and he said,, "of course we can blow the tower down." I said well oh isn't that a matter of concern, he says no. He says the force of the winds necessary to- blow this tower down you are not going to worry about the tower coming because your neighbor' s car is going to be coming across your yard at the same time. But I ' ll let him say that in his own style of engineering ease and answer any fall down .questions that anybody may have. MR PAPAY: The mono-pole itself is very similar to the light posts and transmission towers that you all see along the L.I .E. or what have you. The design of the tower itself forth by E.I.A. which is Electronics Industry Association to 22D which is a national standard what has been also adopted by the American National Standard Institute. The design criteria of the tower itself is a fifty year design storm .for this part of Long Island it would be eighty five miles an Page 46 - April 30 , 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. MR PAPAY, cont'd: hour. Metro One has opted for a hundred year design storm which correlates to a one hundred mile an hour wind. So that would be the design wind itself of thirty three feet above the ground surface. You take that wind speed and you apply factors of the thing to basically accelerating the speed and the pressure so that you finally come up with a final design and like Allen has said, if upon failure there would be cars rolling across the landscape. It would take a tremendous force. CHAIRMAN GOEHRINGER: Is that the same also with the antenna, I didn' t mean to cut you off, the possibility .of the antenna blowing off.? MR PAPAY: That' s an interesting question, I would imagine that there would be possibly particles of antennas. that would dislodge before failure goes out. CHAIRMAN GOEHRINGER: Let me just tell you the problem that we've had in the past. This Board has wrestled with. some interesting situations in .reference to. wind generating towers. Now we don' t have the sophistication in wind generating towers that we have here it appears and in no way am I enhancing or not enhancing this particular project, however, we've had situations with the Coast Guard on North Dumpling Island in reference to height, wind velocity and so on and so forth, as to the disruption of their particular light which sits on top of an old Coast Guard station. In zones that would effect boating and so on and so forth. However, it has been this Board' s policy .in the past and even with that of a prior council person who constructed a tower that if the tower should fall it would at least fall on his own persons' property. ' We have an unique situati:on here in the respect that Mr. Baxter owns the piece of property to the south, which I ' ll address in a moment. In this particular case, if the wind was to blow and if we were to have the tornado that we had in the early 80 ' s and some how dislodge this particular tower, we would of course land on the neighbor's property to the north and if i.t.did it in a very small fashion, you know, maybe ten or fifteen or twenty feet of the tower would end up on that neighbor' s property, being ninety five feet away from the northwesterly property line so to speak. However for the tower to fall on the south side it would definitely fall on Mr. Baxter' s property since he is the current owner of the property. Is there any need for any tie backs on a tower of this particular nature? MR PAPAY: No. CHAIRMAN GOEHRINGER: Why? Page 47 - April 30, 1991 Public Hearing - Cellular ,,Telephone Company Southold Z.B.A. MR PAPAY: Because the tower itself is designed as a free standing structure. It is not designed as a guy structure. In fact you can get into complications if. you were to guy a structure that was intended to deflect under load. If a guy was to restrain it from deflecting and had failed- itself, it may cause the tower to fail, where as if the tower was not guyed and was allowed to relieve itself it ,would not go. CHAIRMAN GOEHRINGER: How far is this tower penetrating the ground surface? MR PAPAY: The foundation itself varies depending on the soil conditions, it would be approximately six- to eight foot in diameter, would extend about twenty five or so feet into the earth. CHAIRMAN GOEHRINGER: Encased in cement, six to eight feet. MR PAPAY: That would be a concrete shell that' s reinforced with steel. CHAIRMAN GOEHRINGER: I don' t have any further questions unless you -do Bill. MR SMITH: I have two things. CHAIRMAN GOEHRINGER: Thank you sir. MR SMITH: We can develop for you the engineering relative to the affixing of the antenna, as a distinct object from the Pole itself. If the fall down radius is .a matter of concern, I think we can safely offer to move the pole to the south to some degree, such that if it came down it would not fall in the yard to the north at all. If that' s a. . CHAIRMAN GOEHRINGER: And the other question I would ask Mr. Baxter and I've met Mr. Baxter in the rear at one time, but I would ask him also if he would covenant his piece of property to the south to the same distance so as during the period of this lease that there would be no construction on that particular piece other than it appears to be a concrete - building at this time, to the attune of 104 feet to a degree, whatever degree you move it. MR SMITH: I can discuss that with .Mr. Baxter and I will get that back to you. The way we have expressed it in other jurisdictions when this issue has arisen, we would detail a fall down pattern and the way those have been expressed in other places, that. they would not erect any structures in those areas. They could be parking lots and the like, but no Page 48 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. MR SMITH, cont'd: structures within the fall down area. I ' ll discuss that with him. He has counsel that represents him in dealing with the lease and that is a lease question. So I don't know that that would be fair of me ask tonight,. but, I will get you an answer. CHAIRMAN GOEHRINGER: Right. PAR SMITH: This young man may be able to answer the antenna issue in terms of fall down. MR RESAVY: I just want to clarify one part about the antennas themselves. The affixing we can supply the details and he can come up with the calculationsf for the affixing to the tower, . but the antennas that we use in our system are made from a manufacturer who has supplied us a letter that they will withstand a 150 mile an hour wind. So we can supply that letter also, we had just applied that to a previous owner of a Town so that' s readily available and we' ll forward that to Allen Smith. CHAIRMAN GOEHRINGER: Thank you. MR SMITH: I 've pretty much have had let the engineers. have their say and I' ll let Mr. Baxter jump to his feet in a moment. We've come down at least through my mental recollection of the check list in this special exception portion of the hearing. To the legal end of it, I believe that in submitting public utilities portion to the Board in advance as Mr. Moore has done with the brief, a question was raised relative to some can say in real English whether Southold was within the franchise area and I again have Chris' statement to that fact reduced to writing and I' ll put it in the record. CHAIRMAN GOEHRINGER: Could I ask the question of the difference between NYNEX and Metro. One, are they interrelated in anyway? Not necessarily at the remainder of the hearing, but. . . MR RESAVY: Since I used to work for NYNEX I think I cari answer that, many years ago. The F.C.C. -when they created the cellular franchises or the ability to provide cellular service, they did it a little differently than they did many years ago with the regional Bell operated companies. What they decided to do is provide for not one but two entities that could provide the service to the public. That way there is not a monopoly on one side of the fence, so each company has in its guidelines of its license, operating license to provide the best quality service to its customers that it Page 49 - April 30, 1991 Public Hearing - Cellular :Telephone Company Southold Z.B.A. METRO ONE, cont'd: can and NYNEX is our competitor in this particular market place. CHAIRMAN GOEHRINGER: Thank you. MR SMITH: That' s pretty much the presentation, Mr. Chairman., I' ll invite Mr. Baxter up, he' s not a witness of -nine in such, he is obviously interested and you can ask him any questions you wish"'to ask him, he wishes to answer.. Mr. Baxter. CHAIRMAN GOEHRINGER: How are you Mr. Baxter? MR BAXTER: Hi, can I help you. CHAIRMAN GOEHRINGER: The concern of the Board is that of, my concern, not necessarily the concern of the Board is that of the antenna falling on your property. In that this particular time you do own both parcels. If this organization intends to abide by the normal conditions that we request, and the tower .is moved another nine feet to the south, it of course encroaches that much more on your southerly parcel. Our concern is- that during the period of the time of the lease that there be no construction within approximately 104 feet of the, except,,. what' s there now which we can' t you know, but that there be no construction within 104 feet of that antenna to the rear of that. existing cement block building that you have now and that's basically one of the requests that we deal with and I 'm just addressing it at this point. It' s not necessarily something that you have to come up with an answer for tonight, as Mr. Smith said that you know, that this is a situation you might want to review with .your attorneys but we have found that in the past if we use 'ithat as a criteria that we start out with that it usually ends up to be pretty good all the way around. MR BAXTER: What is the distance from the pole to our property line? MR SAMBURG: Let me see the revised statement if that' s all you have. CHAIRMAN GOEHRINGER: Sure no problem. MR SAMBURG: Okay. CHAIRMAN GOEHRINGER: Is that the same one? MR SAMBURG: No. Page 50 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. CHAIRMAN GOEHRINGER: No. MR SAMBURG: They have already taken the liberty of moving it to the south. The area we are concerned with of course is the fall down below. CHAIRMAN GOEHRINGER: Okay. Why don' t you show that to Mr. Baxter. MR SAMBURG: Sure. I think he' s familiar. CHAIRMAN GOEHRINGER: Do you have a date on 'that.? MR SAMBURG: Yeah, this is a revised date of 4/23/91. CHAIRMAN� GOEHRINGER: You can give us a copy of that. MS KOWALSKI: We need about seven of them. MR SAMBURG: Seven? CHAIRMAN GOEHRINGER: Yeah. MR SMITH: Mr. Chairman, Mr. Baxter will give you a written. reply to that. CHAIRMAN, GOEHRINGER: Okay. Great. MR SMITH: That is my formal presentation, you have folks in the neighborhood and neighbors to address the Board and if they have concerns that I can answer, I ' ll try to do so. CHAIRMAN GOEHRINGER: Okay. At the end of this discussion, I will then recess for about two minutes and discuss with the Board if we' re going .to close this hearing or if we're going to venture up to Laurelton and take a look at this antenna and then if we have any other further questions and we' ll let you know. MR SMITH: Thank you sir. CHAIRMAN GOEHRINGER: Would you gentlemen like to address the Board in anyway, feel free to do it in whatever fashion you like, I know your concerns, you live close to the property and I would have similar concerns and in no way are we. MR SAMBURG: There are two questions I was going to ask today. Page 51 - April 30 , 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. CHAIRMAN GOEHRINGER: Could I just have your name for the record. MR SAMBURG: Ed Samburg. CHAIRMAN GOEHRINGER: Thank you Mr. Samburg. Do you have any other questions sir. MR SAMBURG: They answered everything very well. CHAIRMAN GOEHRINGER: Okay, I guess at this time we' ll take a short recess and I guess we' ll go over to the office• and kick this around. Yes. MR SMITH: I do have that video. CHAIRMAN GOEHRINGER: Oh yeah, that' s right. MR SMITH: It' s nothing much. CHAIRMAN GOEHRINGER: Is it a video? MR SMITH: Yes, it' s, they hate it. If you want to see it, it probably takes a couple, three minutes, it shows how this. new technology, in the fire trucks works and stuff. CHAIRMAN GOEHRINGER: Well if you want to sure, if you want. to set it up while we' re taking the recess. (Video was shown for approximately 10 minutes concerning Lincoln Park, New Jersey safety services systems. ) MR SMITH: The other two things, I guess that I did mention, it reminds me of it. These are now used by the police in .a number of different areas within my experience. I tried to find out whether they used it in the hostage negotiations when the young man took over the place across the street in Mattituck from the theater. The reason that they do it, they . supply a discreet channel to the hostage that they can talk to with this where they don' t have everybody and their brother listening in. I 'm also told now that the fire chiefs are liking these better and so are the police when they go to a fatal, because it' s the nature of things such as all of us who have monitors that we pick up the police signal and they don't get the turnout of people when they start calling in names and things of that nature and asking. for the M.E. office, that they do when they use the fire channel to ask for the M.E. and stuff like that. And I guess you guys know all about these things, but I mean that' s the size of it now and the fact is there is some a little smaller. Page 52 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. MR RESAVY: That' s antique at this point. They have them small enough to fit in your shirt pocket phone. MR SMITH: Thank you. CHAIRMAN GOEHRINGER: Alright the only last two questions that we have are,. were there any other alternate sites in Mattituck that were investigated and. . . MR SMITH: Yes, the commercial areas are to the west of this location, westerly generally at the school and up in that area. The degradation of the signal is the problem that happens to us when we get that far, west. It is this technology that the wind is testified .to earlier. They have made a legitimate effort to identify parcels where they could go that would satisfy the engineering. It begs the question, we've a very similar experience in Riverhead in trying to identify sites. The water towers in Polish Town which is one of the sites that' s existing., They had to go up into essentially a residential farm area, if you will, up on the west end of town of the Brookhaven line. And the last one was in Vernon Well' s field in Northville., towards the tanks as close as we could get. It is the dilemma that this Board faces the technology is such that it dictates certain things. if we had our brothers we might do other wise. The problem, I guess, with zoning is nobody had this technology in mind, when we zoned either at Riverhead or Southold or the next place. That' s the problem. . CHAIRMAN GOEHRINGER: The other point is, I guess it' s the suggestion. of the Board to recess the hearing and ask you to come back with that determination if you. can give us a 104 foot circumference all the way around. ` MR SMITH: I have a plan for three items that I 'm getting for you. I have to speak to Mr.. Baxter' and solve the fall down issue, I've agreed to get you this information on the antenna and when it comes loose, if it comes loose from the tower itself, and. lastly we' re. going to try to get for you the F.A.A. stuff. CHAIRMAN GOEHRINGER: Okay and you are going to get us the address of the tower that presently exists, which is 75 feet high in Laurelton. MR SMITH: We shall. CHAIRMAN GOEHRINGER: Right. MR SMITH: Thank you. Page 53 - April 30, 1991 Public Hearing Cellular Telephone Company Southold Z.B.A. CHAIRMAN GOEHRINGER: Surely. MEMBER VILLA: How many of these are we looking at for the Town of Southold now. Is this going to be the last one or are we looking at more? MR SMITH: I ' ll try to answer and then. I ' ll. have one of the engineers answer. They' re speaking to the Village of Greenport about going up on the water tower there and are there any other sites in Southold? MR RESAVY: At this time we don't anticipate any for the foreseeable future, that being our forecast for the next three years that we have looked at. And as technology changes that may be extended or it may be brought in. But at this time we do not see anything in the next three years, at this point. CHAIRMAN GOEHRINGER: Is there anybody else who would utilize this antenna, other than yourself. Would you rent space on this antenna to anybody else? MR RESAVY: We will not rent space on this tower to anybody else except for the Town if they so desire to enhance their services in. that area. But as a practice of Metro One, we do not do that. CHAIRMAN GOEHRINGER: Okay. What about if the fire district in the immediate hamlet? MR RESAVY: We will be more than happy to support any of the safety net, fire safety, anything in that vain. CHAIRMAN GOEHRINGER: Thank you. MR SMITH: That is already true on the tower that' s going up. CHAIRMAN GOEHRINGER: Right. We thank you very much and we hope to see you at the next meeting or so. MR SMITH: The clerk will advise me or Mr. Moore when it will be back? CHAIRMAN GOEHRINGER: Right. MR SMITH: Thank you. CHAIRMAN GOEHRINGER: Thank you. Hearing no further comment, I make a motion recessing the hearing. Page 54 - April 30 , 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. All in Favor - AYE. /1 / L By L�-'z L) � . (Transcribed by Tape) (Not Present at the Hearing) ' L! is �� 1 J LEWIS NICILES REAL ESTATE ,men— East,Main Road,Southold,New York 11971• (516)765-34; April 29, 1991 William D. Moore, Esq. Clause Commons, Suite 3 P.O. Box 23 Mattituck, NY 11952 Re: Metro One Dear Bill : In confirmation of our telephone conversation, I have investigated what effects, if any, the construction of a monopole radio transmission tower approximately 104 feet in height to be located in a Limited Business zoning district may have on surrounding property values. Specifically, I have addressed the proposed construction to be done on property owned by William J. Baxter, Jr. and others at Elijah's .Lane and NYS Route 25 in Mattituck (SCTM# 1000-105-4- 11.3) which is zoned Limited Business (LB) and which abuts property Zoned R-40 and LB. In this instance, any impact caused is created by "Economic Obsolescence", which is defined generally as follows: Economic Obsolescence is always evidenced or caused by conditions outside of the property lines. Examples: 1. A $100,000 home located in a neighborhood where the typical home is in the value range of $40,000 to $50,000 2. Oversupply of houses.on the market in the area 3. Excessively high real estate taxes 4. Changes in the zoning regulations 5. Deferred maintenance or poorly kept up homes i.n the area. I have personally inspected the proposed mast site, the surrounding neighborhood, similar mast sites and reviewed the Southold Town Zoning Map and uses allowed under the Limited Business Zone, which is the zoning of approximately 4.5 acres on the North West corner of Elijah's Lane and NYS Rt. 25, Mattituck. Based on the premises that this Metro One mast would not be an "attractive nuisance", emit noise, cause electrical disturbances, give off deleterious radio/micro waves or cause any measurable increased vehicular traffic to the area and would be partially obscured by buildings and a backdrop of trees, it is my opinion that the mast would not have any measurable effect on the neighborhood's Fair Market Value beyond the effect of the existing LB use or future LB uses as allowed under The Southold Town Zoning Code. Sincer ly, ME:4IBER: hn J. 1 ei!�Realtor, RI uF , New York State Society of Real Estate Apprais rs " W °. ' o National,,,.ssociation of REAL.TORS H National Institute of Farm&Land Brokers W ° International Real Estate Federation = Commercial and investment Division of NYSAR PEaL National Marketing institute _ l AUT AT&T Bell Laboratories 600 Mountain Avenue P.O. Box 636 Murray Hill, NJ 07974-0636 908-582-3000 /L� April 17, 1991 T Lynne Lorimer Metro-One System Implementation Department 365 West Passaic Street Rochelle Park,NJ 07662-3015 Dear Ms.Lorimer. In response to your request for an estimate of the levels of exposure to electromagnetic energy associated with a proposed cellular-radio installation located at Route 25 & Elijahs Lane, Mattituck,New York and an opinion regarding the concern for public health associated with long tens exposure at these levels,please be advised of the following: The proposed system will ultimately consist of three directional transmitting antennas (Celwave PD 10176) located at an elevation of approximately 100 ft. above grade on a monople. Six receiving antennas will also be mounted at approximately the same height. A maximum of twenty-four transmitters will be connected to each transmitting antenna. The maximum effective radiated power(ERP) is 100 watts per channel which corresponds to a maximum antenna input power of less than 12.6 watts per channel. Hence,the actual radiated power will be less than 302 watts per antenna or 906 watts total for the three antennas (assuming all transmitters operate simultaneously which is rarely, if ever, the case). This is an extremely low power system when compared with other familiar radio systems, such as AM, FM, and television broadcast, which operate upwards of 50,000 watts. For the case at hand, the maximum exposure levels associated with the cellular radio system can be readily calculated at any point in a plane at any height above grade. Based on the information provided above and an antenna gain of approximately 13.15 dBi, the maximum power density in a horizontal plane 6 ft. above a plane that passes through grade directly under the antennas will be less than 3.0 millionths of a watt per centimeter squared (3.0 µW/cm2) and will be less than 4.0µW/cm2 at any point in a corresponding plane 25 fL above grade. The latter is representative of the maximum power density immediately outside of the upper floor of nearby dwellings (assuming level terrain). Further, the antenna pattern is such that the energy is propagated in a relatively narrow beam (in the vertical plane) which is directed toward the horizon: The reason for this is to provide uniform coverage. Hence, exposure levels directly under the antennas are not remarkably different from the levels at points more distant. L.Lorimer-2 The above values are the theoretical maxima that could occur and are not typical values. The calculations include the effect of field reinforcement from in-phase reflections and, the assumption was made that all transmitters operate simultaneously and continuously(which is not the usual case). Although the above values are obtained analytically, experience has shown that the technique used is extremely conservative. That is, the calculated power density levels have always been found to be greater than the corresponding measured levels. In order to put these levels in perspective, the maximum power density at points considered normally accessible, i.e., 3.0-4.0 µW/cm2 can be compared with the current federal occupational exposure guide of 10,000 µW/cm2 (OSHA -29 CFR 1910.97) for continuous exposure or the 1982 ANSI' radiofrequency protection guide (RFPG) of 2,700 µW/cm2, the New Jerse environmental limits of 2,700 µW/cm2 or the Massachusetts environmental limits of 530 µW/cm at cellular-radio frequencies. (Mere are no applicable State of New York or federal limits for exposure of the public to radiofrequency electromagnetic energy.) The total power density at any point a few feet above grade, including contributions from all antennas will be, in fact, considerably lower than any health standard used anywhere in the world. Moreover, at any distance greater than approximately 200 ft. from the antennas, regardless of elevation or direction, the power density will also be below any health standard used anywhere in the world. The levels inside nearby buildings or homes.at cellular radio frequencies will be significantly lower than those immediately outside because of the high attenuation of common building materials at these frequencies and, hence, also will be lower than any health standard used anywhere in the world. A possible concern about exposure to electromagnetic energy is understandable. Many people feel uneasy about new technology and often want absolute proof that something is safe. Such guarantees are not possible since one is asking for proof that something does not exist. However, sound judgements can be made as to the safety of a physical agent based on knowledge of the scientific literature. This is exactly how health standards are developed. Because all unequivocal scientific evidence indicates that biological effects associated with exposure to radiofrequency energy are threshold effects, i.e., unless the exposure level is sufficiently high the effect will not occur regardless of exposure duration, it is relatively straightforward to derive safe limits. .(Unlike ionizing radiation, e.g., X-rays and nuclear radiation, repeated exposures to low level radiofrequency/microwave radiation, or nonionizing radiation, are not cumulative.) By adding safety factors to the level at which the most sensitive effect occurs,conservative exposure guides have been developed to ensure safety. At present, well over 6,000 reports are in the scientific literature which address the subject of microwave and radiofrequency bioeffects. These reports, most of which describe the results of epidemiological studies and animal studies, have been critically reviewed by leading researchers in the field and all new studies are continuously being reviewed by various groups and organizations whose interest is developing health standards. These include the U.S. Environmental Protection Agency, the National Institute for Occupational Safety and Health, the National Council on Radiation Protection and Measurements, the American National Standards Institute, the World Health Organization, the International Radiation Protection Association, etc. All of these groups have recently either reaffirmed existing health standards, developed and 1. American National Standard "Safety levels with respect to human exposure to radio frequency electromagnetic fields 300 kHz to 100 GHz,"ANSI C95.1-1982,American National Standards Institute,New York,NY. / L.Lorimer-3 adopted new health-standards or have proposed health standards for exposure to radiofrequency and microwave energy. For example, the National Council on Radiation Protection and Measurements has recently (April 1986) published recommended limits for occupational and public exposure2. These recommendations were based on the results of an extensive critical review of the scientific literature by a committee of the leading researchers in the field of bioelectromagnetics. The literature selected included many controversial studies reporting effects at low levels. The results of all studies selected were weighed and analyzed and an exposure guide of approximately 2,700 µW/cm2 (at cellular-radio frequencies) was recommended for continuous occupational exposure and approximately 530 µW/cm2 for continuous exposure of the public. Similarly, the Environmental Protection Agency recently (July 30, 1986)3 published a notice in the Federal Register, calling for public comment on recommended guidance for exposure of the public. Three different limits, ranging from approximately 270 to 2,700 µW/cm2, were proposed. Further,the latest draft of the ANSI C95.1 standard(July, 1990), which resulted from an extensive critical review of the scientific literature, reaffirmed the 1982 RFPG for occupational exposure and recommends 530 µW/cm2 for exposure of the general public at cellular radio frequencies. Also, the USSR, which traditionally had the lowest exposure guides, has recently revised upward its limits for public exposure. Enough is now known to allow unequivocal judgements to be made as to what power density levels are safe and what levels may be potentially harmful. With respect to the proposed cellular-radio system, be assured that the exposure levels in the vicinity of the Mattituck installation will be below any health standard used anywhere in the world and literally thousands of times below any level reported to be associated with any functional change in humans or laboratory animals. This holds true even when all transmitters operate simultaneously and continuously (which is not the normal operating mode). Power density levels of this magnitude are not even a subject of speculation with regard to an association with adverse health effects. Anyone interested can obtain additional information about the environmental impact of cellular- radio from: Dr.Robert Cleveland,Jr. Federal Communications Office of Engineering and Technology Room 7002 1919 M Street NW Washington,DC 20554 (202)653-8169 2. NCRP - 'Biological effects and exposure criteria for radiofrequency electromagnetic fields," NCRP Report No. 86,National Council on Radiation Protection and Measurements,Bethesda,MD. 3. Federal Register,Vol.51,No. 146,Wednesday,July 30, 1986. v L.Lorimer-4 and Norbert Hankin USEPA, Office of Radiation Programs(ANR-461) 401 M Street NW Washington,DC 20460 (202)475-9626 A substantial amount of knowledge exists relating to the health implications associated with exposure to radiofrequency electromagnetic energy. However,perhaps because of the anticipated lack of general interest,little of this information is imparted to the public by the media. But you can be assured that based on what is known, the proposed Mattituck cellular-radio installation will not present any health problem to members of the public. Sincerely, G R. C. Petersen NIR Manager/Consulting Engineer TECTONIC ENGINEERING CONSULTANTS P.C. PETER E. PAPAY P.E. , P.P. (Chief Engineer) EDUCATION: B.S. Civil Engineering - June 1982 New Jersey Institute of Technology; New Jersey LICENSES: Professional Engineer - New York, New Jersey, Connecticut Professional Planner - New Jersey PROFESSIONAL American Society of Civil Engineers - Associate Member SOCIETIES: National Society of Professional Engineers - Member PUBLICATIONS: Evaluation of Deep Embedment on Seismic Response - January 1987. Bulletin of the Seismological Society of America EXPERIENCE SUMMARY: April 1986 TECTONIC ENGINEERING CONSULTANTS P.C. to Date Highland Mills, New York As chief civil engineer, responsible for technical direction and coordination structural engineering programs. Performs structural design and analysis of industrial , commercial and communication projects. Also supervision of tower investigations analyses and design of new installations. Other responsibilites include construction supervision, client contact and coordination of consultants. June 1982 BURNS AND ROE ENTERPRISES, INC. to April 1986 Oradell , New Jersey As civil engineer, responsible for structural design and analysis of foundation and superstructure for the development of commercial and industrial facilities. Supervised subsurface inspections, sampling of groundwater and contaminated soils, performed review of geoenvironmental impact of projects; and construction inspection. March 1977 PAPAY EXCAVATION to June 1982 Montvale, New Jersey As construction manager, responsible for field engineers, scheduling, and construction claims preparation. CHRISTOPHER J. R.FSAVY Education: 2 Years - Rutgers - College of Engineering 1 Year - Middlesex County College - Engineering Present - Applying at Kennedy Western University to complete the required courses. Experience: 1990-Preserit METRO ONE Engineering Manager - Systems Implementation Responsible for managing the growth of the New York System including the cell site planning and selection, traffic forecasting, propagation- tests, largest system conversion in the world and department budgeting. Also responsible for the growth and enhancement of RF Engineers reporting to me. 1987-1990 METRO ONE Senior RF Engineer - Responsible for all engineering of the system, traffic planning, cell planning and placement, testing and budgeting. Developed and implemented the first Signal splitter (Control Channel) in an operational system. 1986-1987 GTE Mobilenet RF Engineer - Responsible for developing growth plans for eight markets. Supervised growth of four of the markets while actively participated in the San Francisco market. Developed and implemented the first mechanical downtilt in a system to control the RF signals. 1983-1986 Nynex Mobile phone Service Assistant RF Engineer - Generated search areas for all New York and Massachusetts markets, evaluated potential cell sites for all markets, supervised the RF propagation tests, and developed first system growth plan used as a basis for the rest of the country. 1981-1983 Advanced Mobile Phone Service Engineering Assistant -- Assisted in site selection, RF propagation tests with Bell Labs, FCC. filings , FAA filings and ran computer based propagation models. AFFILIA`1'IONS: Radio Club of America Eletromagnetic Energy Policy Alliance (EEPA) GLENN S. WITTE 194 E. Main Street Annandale, NJ 08801 (201) 638-6404 EXPERIENCE Metro One, Cellular Telephone Co. , Rochelle Park, NJ FtF ENGINEER, August 1989 - Present - Assisted in implementing expanded spectrum to the Metro One System - Worked on every engineering aspect of implementing new sites into the Metre one System - Familiar with antenna and cable testing as well as trouble-shooting with RF Eq►zipment - Able to analyze and generate handoff and topology parameters - Have kept a constant watch on the system by drive testing and analyzing problems that occur Metro One, Cellular Telephone Co. , Rochelle Park, NJ SWITCH TECHNICIAN, July 1988 - August 1989 - Maintained the operational performance of the EMX 2500 Digital Switch - Worked on the translations and routing the telephone numbers - Chief operator of the Centralized Switch Monitoring System - Trouble-shoot problems with T1 Spans Hoechst Celanese Corporation, Somerville, NJ ENGINEERING AIDE, June 1986/87 - August 1986/87 Balanced the air handling system to obtain the correct amount of air changes per hour in each room Examined the velocity and pressure differential of the dust collector system to see if the system needed to be upgraded - Monitored the HVAC systems and the water purifica- tion systems SKILLS ACAD FORTRAN WORDPERFECT DBASE BASIC Electrical Wiring PASCAL FORMTOOL Trunk Testing EDUCATION B. S. ELECTRICAL ENGINEERING, May 1.988 Rutgers University, College of Engineering New Brunswick, New Jersey Dean's List Financed 70% of education by working Motorola EMX 2500 School, February 1989 Plano, Texas and Arlington Heights, Illinois COURSE Communications Systems Digital Signal Processing HIGHLIGHTS Electronics I,II, & III Automatic Control Systems Pulse Circuits Electromagnetic Fields BIOGRAF$UCAL SUMMARY (March,1991) RONALD C.PETERSEN PRESENT POSITION AND ADDRESS: Nonionizing Radiation Protection Manager/Consulting Engineer Radiation Protection&Product Safety Department AT&T Bell Laboratories 600 Mountain Avenue Murray Hill,NJ 07974 908.582-2792 EDUCATION; 1954.1958 Various US Navy radar and communication systems schools including Aviation Electronics Technician School,(NAS Memphis),while on active duty in the USMC 1958-1960 RCA Institutes,T-3 Course 1964.1968 Polytechnic Insdtute of Brooklyn,Department of Electrical Engineering,BSSE (sunima cum laude) 1968.1970 Polytechnic Institute of Brooklyn,Department of Electrophysics,MSEP CERTIFICATIONS AND PROFESSIONAL SOCIETIES: Member Bioelectromagnedcs Society(BEMS) - Member Institute of Electrical and Electronics Engineers(IEEE) Member Microwave Theory and Techniques Society(MEE) PRESENT PROFESSIONAL ACTIVITIES: Member,IEEE Standards Coordinating Committee SCC-28,Secretary Subcommittee IV Member,Accredited Standards Committee Z136,Cochairman SC3 and SC10 Member,Accredited Standards Committee Z311 Member,Advisory Committee on Nonionizing Radiation to the NJ CORP Member,NCRP SC78 and Consultant to SC39 Member,MC Technical Committee 76,Working Group S Member,IEEE Working Group P1140 Member,IEEE Committee on Man and Radiation(COMAR) Member of Hoard of Directors of EEPA and Chairman of S&T Committee Member.Center for Office Technology(COT)Science and Technology Committee Consultant NJ DOH,NIOSH,NJDEP Associate Editor(Radiated Hawds),IEEE Transactions on Electromagnetic Compatibility PROFESSIONAL EXPERIENCE: 10 years Technical Aide,Senior Technical Aide and Member of Technical Staff AT&T Bell Laboratories Solid State Device Development Area 20 years Nonionizing Radiation Protection Dept.,AT&T Bell Laboratories Visiting lecturer,Rutgers University,Department of Radiation Science PUBLICATIONS: Over 14 articles in journals and books including American Industrial Hygiene Association Journal,Proceedings of the IEEE,Society of Photo-Optical Instrumentation Engineers, / Journal of Occupational Medicine,Telephony,Applied Optics,Health Physics ✓ �_12/28/91 15:20 $212 620 3718 FCC NEW YORR,NY Z 002 FEDERAL COMMUNICATIONS COMMISSION ' FIELD OPERATIONS BUREAU C� 6 � 3 •� • . February 28, 1991 201 Qarick Street New York NY 10014-4870 Mitchell J Reidiuger Metro-0ae Cellular Telephone Cc 365 West Passaid Street Rochelle Park NJ'. 07662• Dear Mr Reidinger: This letter is in response to pour recent iuquiry. A review of our records for the past yeer. iudicates that this office has not received any complaints front the public concerning . interference to television reception due to the•operatiou of'a cellular telephone ,site. Si Y c , sljr. Alexander J Zi=.y Engineer in Charge 5uu TOWN BOARD OF AP -kLS -9- Sept ^ )er 27, 1979 . prd C,-S -d installation does not lend itself to the rural atmosphere. It' s much too commercial. Again, we both object. Sincerely, Mr. and tars. Robert Boyd, 5400 Gulk Drive, Holmes Beach, Florida 33510, �Q � I don' t know when Mr. and Mrs. Boyd left Cutchogue but from their hand-written letter here it sounds like they left before the shopping �-364�district was built and that I don' t know. MR. SOHN: They wrote to us, Mr: Chairman, and asked us for copies of the plans and we sent them on down. NANCY GILLIES : Just for information, Mr. Chairman, they sold their house just this summer. Yeah, I just happen to know, MR. DOUGLASS: So they are not the owners next door then? MRS. GILLIES: No, no, they sold their home in Southold this summer and moved permanently to Florida. They maintained a s Florida address as well as a Southold address and their sons are t living in Southold, they still will continue to be. c MR. DOUGLASS : Would you give your name please, ma 'am? MRS. GILLIES: Oh I 'm sorry, Nancy Gillies, t t t MR. DOUGLASS: Thanks alot for the information. c MR. TUTHILL: What did Boyd own? r` MR. DOUGLASS : It was the property adjoining it to the east. They sold out. She just said they sold out. They actually don' t own it now. MRS . GILLIES": They sold their home down near Pine Tree,and this is a vacant lot. a MR. DOUGLASS : This is a vacant lot. There is no house on it then, that they own? n MRS. GILLIES : (Nodded yes. ) MR. DOUGLASS : Well, we were out there and we took pictures of it and so on, and the antenna in the back that's there now I would estimate is about 60-foot high, is that correct? MR. SOHN: No, sir, that's 95. Five foot higher. MR. DOUGLASS : That 's 95? It doesn't look it from the road. MR. SOHN: I know, it ' s deceiving. MR. DOUGLASS : We couldn' t find any reason to attempt to obstruct you in corimunications here , rle have very strict rulings in fact to go by under the State of New York rulings on Public Service Utilities, and so under this control I would recommend that this request for the additional height be granted. After investigation and inspection, the Board finds that SUUfiHULO TOWW 86AAD OP APPEALS -10- . September 27, 1979 the applicant is requesti,, a 90-foot pole in side yaL1 at the New York Te' leprione Company premises, Main Road, Cutchogue in addition to the existing radio pole in the backyard of the subject premises. The Board agrees with the reasoning of the applicant. K The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use C district; and the variance will not change the character of the tr neighborhood and will observe the spirit. of the ordinance. r. C On motion made by Mr. Tuthill, seconded by Mr. Grigonis, it was z RESOLVED, that the New York Telephone Company, 1095 Avenue K of the Americas, New York, New York 10036, be GRANTED a variance to > the Zoning Ordinance, Article VII, Section 100-71 for permission to ro install a 90-foot pole with two radio antennas in side yard. Loca- a tion of property: Main Road, Cutchogue, New York; bounded on the E- north by Sterling, east by Imbriano and Boyd, south by Main Road, west by S & E Realty Co. N CONDITION FOR APPROVAL: Suffolk County Planning Commission J approval. Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tut- hill and Doyen. UB EEARII 96 Upon application of the RN9rJ yYo°r 'e eph©ns ompany,11095 Avenue of the Americas, New York, New York 10036, for a variance to the Zoning Ordinance, Article VII, r Section 100-71 for permission to install a 85-foot pole in side yard. ro Location of property: Main Road and Moore' s Lane, Greenport, New x York, bounded on the north by Village of Greenport, east by Moore' s z Lane, south by Main Road, and Kavanagh, west by Zipkas. n The Acting Chairman opened the hearing at 8 :18 P.M. by z reading the application for a variance, legal notice of hearing as 'b advertised in the local newspapers, affidavits attesting to its publication in the official newspapers, Notice of Disapproval from j the Building Inspector, and letter from the Town Clerk that notifi- ,ti j cation to adjoining property owners was made to the Village of ro Greenport, James Kavanagh and Andrew Zipkas Estate; fee paid $15 . 00. w r MR. DOUGLASS: I also have a section of the County Tax Map showing it and the surrounding area, and we also have a complete Ln copy of General Arrangement of the Site Plan and desire of where t they are going to put it. I ask again is there anybody desiring to speak in favor of this application? DAVID L. SOIiN: 188 Main Street, Huntington, New York, re- presenting New York Telephone Company. Many of the comments, as a matter of fact, all of them relating to the technology here we spoke of in respect to the Cutchogue application are on all fours with this. In other words they apply equally to this application. SOUTHOLD TOWN BOARD OF 1, -'',EALS -13- Se, :-2mber 27, 1979 ' MR. DOUGLASS : The only variance that you turn out to need is the one on the height. Is there, is that all you have, sir? Is there anybody else wishing to speak in favor of this application? Is there { anyone who wishes to speak against this application? \ (THERE WAS NO RESPONSE. ) MR. DOUGLASS : Again, I make the statement that we are con- trolled very strongly by the New York Law on Public Utilities and with that as our guidelines , again I will make a motion that this applica- tion for a height from 35 feet to 85 feet of antenna for public service telephone network be granted. After investigation and inspection the Board finds that the applicant is requesting a 85-foot pole antenna at the New York Tele- phone Company, Main Road & Moore 's Lane, Greenport for which a variance is required. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use , district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. was On motion made by Mr. Douglass, seconded by Mr. Tuthill, it RESOLVED, that the New York Telephone Company, 1095 Avenue of the Americas, New York, New York 10036, be GRANTED a variance to the toning Ordinance, Article VII, Section 100-71 for permission to install ail85-foot pole, subject to the following condition: That applicant obtain approval from the Suffolk County Planning Commission. , i Location of property: Main Road and Moore 's Lane, Greenport, New York; bounded on the north by Village of Greenport, east by Moore ' s Lane, south by Main Road and Kavanagh, west by Zipkas. Vote of the Board: Ayes: Messrs. Douglass, Grigonis , Tuthill and Doyen. t PUBLIC HEARING: Appeal No. 2594 . Upon application of t Eileen M. Lembeck, 448 Greene Avenue, Sayville, New York 11782 , for t a variance to the Zoning Ordinance, Article III , Section 100-31, Bulk and Parking Schedule, for permission to construct a dwelling with insufficient frontyard and rearyard setbacks. Location of property: Deerfoot Path, Cutchogue, New York; bounded on the north by Fitzpatrick, east by Deerfoot Path, south by Jester, west by Leskody. h The Acting Chairman opened the hearing at 8 :33 P.M. by read- �ing the application for a variance, . legal notice of hearing as adver- '_ised in the local newspapers, affidavits attesting�- g to - its publication � Page 2 - Agenda Southold Town Board — Appeals Regular Meeting - April 30 , 1 9.91- I . PUBLIC HEARINGS, continued: 7 : 48 p.m. Appl. No. 4019 - CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000-57-2-18. 7 : 52 p.m. Appl. No. 4016 - JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. 1000-63-2-14. 7: 58 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo) . Variances: ( 1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) 'to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1. 43+- acres. (Record is reopened to receive additional survey information. ) 8: 00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two parcels in this proposed division of land located along the west side of Luthers "Brea ater) R Mattit ck; County-Tax Map _ No. 1000-99-2-1 / d u � 36 r 9/G �� �� JY� V � �_�-��`i vim. �-�✓ } a E7f � , Vo ;2 2 � i ad 'fi V� STAMINSSI v. ROMEC 169 ✓J Cite as 310 1%.Y.9.2d 189 W, applied to 62 Misc.2d 1051 Josephine STAMINsKI, Petitioner, v. Thomas ROMEO, Salvatore Shortino, ig and the lot Hugo Surdi, William Reid, Andrew Muller and Harold Steuerwald, as members of the Board of Appeals of the Town of Brookhaven, Jack rn vermin, r0- mere anti -Suffolk Oable Corp., Respondents, for Judgment Pursuant oerous to life to Article 78 of the Civil Practice Law and Rules. Supreme Court, Special Tern, Suffolk County, Part I. which would Y April 22, 1970. :s Which arise ` +nstruction, it Article 78 proceeding seeking to annul grant of special permit for is improper. 4, erection of community television antenna mast. The Supreme Court, ;ty under this Suffolk County, Special Term, Thomas M. Stark J. held that master -ous to life or , :efendant vio- antenna mast erected by community antenna television company was a 's injury they' "public utility structure" within meaning of town zoning ordinance and exception was "? grant of special permit for its erection was proper, nd we should Dismissed. S: everse and to v. Gutekunst, 1. Telecommunications a449 i A.D.2d 904, Community antenna television company incorporated under Trans- 210 N.Y.S.2d portation Corporations Law as telegraph and telephone corporations and .Y.S.2d 449. operating its own transmission lines is subject to possible regulation by Public Service Commission. Transportation Corporations Law § 27; vas improper. { Public Service Law § 90 et seq. { 2. Telecommunications a449 definitely im- Community antenna television companies can be classified as "pub- cintiff and the lic utilities" in broad sense of that term. race and color :� if See publication Words and Phrases for other judicial and the bounds r" constructions and definitions. :so made some Y 3. Zoning e=278, 384 iould act with Master antenna mast erected by community antenna television com- pany was a "public utility structure" within meaning of town zoning or- dinance and grant of special permit for its erection was r 3Ct5 and in the �;� ;�. P P proper. See publication Words and Phrases for other judicial t. constructions and definitions. he interests of 4. Zoning e=677 It must be reasonably assumed that granting of special permit con- stituted.determination of board of appeals required by zoning ordinance. and SWEE- 5. Zoning "03 r Granting of height variance for erection of community television antenna mast was not an abuse of discretion. r-- -\ C {r- f 7 1�,7+-, i • i)��� f 11�;�'J--1=:' �..�_-����--i-�.����i Bass & Weisberg, Patchogue, for petitioner. I' /��]p 1 Q i10 N.Y.S.2d-11% ,� I APR �V 991 i J A. 170 sio NEW Yong SUPPLEMENT, 2d St—S C. Francis Giaccone, Lake Ronkonkoma, for respondent Board of Appeals. Alars & Burton, Patchogue (Bernard Burton, Patchogue, of coun- sel), for respondent Suffolk Cable Corp. THOMAS Al. STARK, justice. In this Article 78 proceeding petitioner seeks a judgment reversing and annulling two determinations made by respondent Board of Appeals on December 5, 1968. The first AN-as a grant of a special permit for the erection of an antenna mast or pole by respondent Suffolk Cable Corp. on premises leased by it from respondent Jack Rogers, and the second was a grant of a height variance authorizing a maximum antenna height of 185 feet. The premises in question are located in an area classified "J" Busi- ness I District (Neighborhood Business) by the Brookhaven Town Zon- ing Ordinance and Alap. The structure erected on the premises consists of a tall pole or mast upon which is mounted the master antenna for a community antenna television (CATV) system operated by respondent Suffolk Cable Corp. This particular structure is not an unconditionally or conditionally permitted use in a "J" Business I District (Section 85 97), and, in addition, structures in such districts are limited in height to 35 feet (Section 85-98). Section 85-234 of the ordinance provides that public utility buildings or structures (with certain exceptions) shall be permitted in any district when authorized by special permit from the Board of Appeals. It was under this section that respondents sought the special permit upon the ground that the CATV system operated by Suffolk Cable Corp. is a public utility" and that the master antenna mast `%vas a "public utility structure" within the meaning of the zoning ordinance. Although it did not -specifically so find, the Board of Appeals apparently concluded that 4, the master antenna mast was a "public utility structure" for which it could grant a special permit under Section 85-234. Petitioner, who appeared before the Board of Appeals at hearings conducted on November 7, 1968 and November 14, 1968, asserts in this proceeding (as she did before the Board of Appeals) that Suffolk Cable Corp. is not a "public utility" nor is the antenna mast a "public utility structure" within the meaning of the ordinance, and that the Board of Appeals was therefore without authority to grant the special permit un- der Section 85-234. The ordinance itself contains no definition of either "public utility" or "public utility structure". Practically all local zoning ordinances in this state contain provisions permitting public utility uses to be maintained in various use districts, customarily conditioned upon the granting of Special exceptions or spe- T., N STAMINSKI T.ROMEO 171 u + cite as 310 N.Y.8.2d 169 cial permits by a Board of Appeals. Public utility structures serving the Board of f .: entire community have Historically been recognized as reasonable and of coun- proper uses in all types of use districts because of technical and engi- neering requirements peculiar to such structures and the areas served. It does not appear however, from the research conducted by this court, that the meaning and scope of the term_"public utility" as such term is sled-in local-ioning ardinances has been the subject of judicial determi- reversing nation in this state. More particularly, there apparently have been no '7f Appeat5 reported cases concerning the statics of CATV companies in regard to ;lit for the ' `' local or state laws or regulations affecting the legal rights or obligations 'able Corp. of public utility"companies. the seconds 4 Accordingly the courts determination in this,proceeding must rest on nna height R an analysis of the legal structure of CATV companies, their rights, powers and franchises, any existing public regulation, and their func- "J" Busi- '` tions and operations as such affect the public interest. y ` A public utility is defined in Black's Law Dictionary as "A business es consists or service which is engaged in regularly supplying the public with some enna fora , res ondent commodity or service which is of public consequence or need, such as p electricity, gas, water, transportation or telephone or telegraph service". i ,nditionally iection 85— Since their inception within the last twenty years, CATV'companies ;1 height to +c =' in New York State have been required to incorporate as telegraph and � telephone corporations under the provisions of the Transportation Cor- y buildings porations Law. 1952 Op.Atty.Gen. 166, Harper v. City of Kingston, my district ; ':.. 17 Misc.2d 627, 188 N.Y.S.2d 577. This requirement is predicated on s. It was Y +:: - the transmission of television signals by wire being a form of telephony t upon the or telegraphy. Corp. is a 4. Section 27 of the Transportation Corporations Law gives telegraph iblic utility . - :, : and telephone corporations broad powers to construct their lines and ough it did fixtures over or under public highways, and to utilize private lands for eluded that r' their purposes, with the right to condemn such lands if necessary. The )r which it section requires however that telegraph and telephone corporations must R obtain the permission of city, village or town authorities to use local it hearings streets for the construction of its lines. ;erts in this l� This latter requirement has resulted in CATV companies having to (folk Cable obtain local "franchises" when they sought to construct their own co- ablic utility '•-'<.R e Board of axial cable system either above or below the public highways. (See ( Section 362, New York City Charter, Section 64(7) Town Law, and permit un- su- pra). ti Section 89(39) Village Law. See also Harper v. City of Kingston, �lic utility„ Where a CATV company, however, did not attempt to lay and utilize its own lines under city streets, but rather leased New York Telephone provisions ?; Company lines for the transmission of Its signal, it has been held that j se districts, no city franchise is required. City of New. 'York v. Comtel, Inc., 57 j ions or spe- j` """,/( • *I .rry {'YFPG�4;i7�I+4 , fip a'�!••"�+gr .�.irft!•4t .. Zy •i M..�•4;J..�.,,. ..R. "�rr,` .'�(ll uYi :'lt2d!'Gl�l" ' �, ,fy,.ap,y,v �3 �' Si7+27' •�f 172 -io NEW Yom SUPPLEMENT, 2d SET " Misc.2d 585, 293 N.Y.S.2d 599, of f'd 30 A.D.2d 1049, 294 N.Y.S.2d 981,aff'd 25 N.Y.2d 922,304 N.Y.S.2d 853,252 N.E.2d 285. One test as to the status of CATV companies as public utilities is _ their-reg-cilgition by local, state or federal authorities. The law in this area is still in a state of development (See comments of Special Term in City of New York v. Comtel, Inc., supra, 57 Misc.2d page 616, 393 N. Y.S.2d 599. Also Burton, "Cable Television—Tomorrow's Television— Ready or Not", New York State Bar Journal, Vol. 41, No. 7, Page 580). $ . In this state the Public Service Commission has been the traditional ' agency exercising regulatory powers over public utilities. Section 90 of the Public Service Law provides that the regulatory, provisions of article 5 of that law shall apply to ezrery telegraph corporation and telephone :..' corporation. The latter terms, as defined in Section 2 of the Public Service Law, include companies owning, operating or managing tele- phone or telegraph lines used in the conduct of the business of afford- ing telephonic or telegraphic communication for hire. The Public Service Commission has determined that the transmission of television signals by the New York Telephone Company through its own lines for a CATV company is a form of telephony or telegraph}', i.e., a providing of telephonic or telegraphic communications for hire, t and thus subject to regulation, but has chosen not to assume any regula- tory supervision over CATV companies providing the same service over their own lines. Matter of New York Telephone Company, 34 P.U.R. 3d 115. In a case where a CATV company leased pole space from the New York Telephone Company for the erection of its own lines it has been held that the Public Service Commission has no jurisdiction to regulate U. the relationship between the CATV company and the New York Tele- phone Company in a dispute over rental rates and extent of service. Ceracche TV Corp. v. Public Service Commission, 49 Dlisc.2d 554, 267 N.Y.S.2d 969. In a number of opinions, the State Comptroller has advised various municipalities that CATV companies are not subject to the local taxes ` 1. on utility services imposed by Section 186-a of the Tax Law or Section 6-640 of the Village Law (13 Op.St.Comp. 351, 21 Op.St.Comp. 406 "� , and 23 Op.St.Comp. 708). These opinions are based on the fact that Public Service Commission has not exercised regulatory jurisdiction f over such companies. t [1] It clearly appears to this court that CATV companies incorpo- rated under the Transportation Corporations Law as telegraph and tele- phone corporations and operating their own transmission lines are at present open to possible regulation by he Public Service Com under article 5 of the Public Service Law,.even though the Public Serv- L. .. .. .. .4.-0 I :.n: `s • ., .y'4�= ���X���fS�tRI,. a��Fr?p,C✓t y,d sr _ f STAMINSHI v. ROME irk ;q Cite es a10 N.Y.8.2d 180 294 N.Y.S.2d ice Commission has chosen not to b'Pct f'ATy rmmVan;Pc + ulation. 'Olic utilities is The federal government however has recently begun to exercise cer- 'he law in this tain regulatory authority over CATV companies. The Second Report ecial Term in ' p ;e ==zedar.andAhe rules of the Federal Co_mmunications Commission, as ;e 616, 393 N. "r. published in the Federal Register, March 17, 1966, sets forth rules and "s�'etr�•tsion— r..y •.:` regulations for the receipt and distribution of television signals insofar No. 7, Page ? as such distribution affects competition with the television industry and r`"• has economic impact upon it. The rules provide for notice to all televi- the traditional= sion stations received in the area and to the Federal Communications Section 90 of `� •�• . , Commission before any CATV company may commence or continue to ,ions of article _z distribute signals. The rules set forth which signals must be distrib- and telephone uted, which signals may not be distributed and as set forth in subse- of the Public w�.. quent rules, what signals may or must be originated by CATV compa- nies. Regulation of CATV systems by the Federal Communications -ss of afford- Commission was sustained in United States v. Southwestern Cable Co., °tn 392 U.S. 157, 88 S.Ct. 1994, 20 L.Ed.2d 1001, which upheld the appli- transmission cation of the Second Report and Order. iA y through its AA ~` An issue similar to that raised in this proceeding has been considered +r telegraphy, by the highest court of a sister state. In State of Washington ex rel. / r ✓ ons for hire, Pruzan v. Redman, 60 Wash.2d 521, 374 P.2d 1002, the local zoning e any regula- board has granted a conditional use permit for the erection of a radio service over ;r transmission station (one-story building and three 240 foot steel ton•- �, 34 P.U.R. s ers) on land zoned for agricultural use, based upon the provision of the ordinance authorizing such permits for "public utility buildings or struc- om the New a tures . The question considered by the court was whether the radio it has been ' station is so impressed with a public interest that it came within the to regulate field of public regulation, and, as such, a•as a public utility within the York Tele- broad meaning of that term. The court, referring to regulation of ra= of service. dio stations by the Federal Communications Commission, found that al- 2d 554, 267 < - though a radio station does not constitute a public utility in the ordinary l sense, it is, nevertheless, a public utility in a limited sense impressed ased various with a public interest. The court found no restricting language on the / local taxes 5 term "public utility" as used in the zoning ordinance, and found such + or Section term broad enough to give the zoning board jurisdiction to issue the use -Comp• .406 " permit. ie fact that jurisdiction ,:; [2] A similar finding is justified in the case at bar. CATV compa- "f' nies in Ne%v York, as well as radio and television stations, are presently i+l regulated in the public interest by the Federal Communications Commis- ' 'es incorpo- �' sion. As above stated, in this court's o inion i )h and tele- P . CATV rnm=anie, c ;��`Pw York could be regulated as public utility sm=anirc ++n.te nes are at fi „ Public Srr a law. It is clear that CATV companies are impressed ,ommission ;: with a public interest and can be classified as public utilities in the broad ublic Serv- sense of that term, a+x . 4;4 . 1:14 ?�J' 1"i�3 s0'.�#r�4r.f�e;Si.9(tl r. F •• ,y ;• .i,.. .1 •. f:,3°V 1) {�nF7�,}E17�5 ip YwHr:'it'�'i t��t,�,k�1.4+y'�' S�,M':?` ,#r f'• g.,•Y.,.3•,..1 . :,+ �?. ,.+.'�..Il;i=l^l;ili;.�.�1�'1.U �."ti4m �t' r .�t�......3`.� .. , Y; 174 9_ fEW YORK SUPPLEMENT, 2d SERIES; n Town Zoning Ordinance sug- gests contained in the Brookhaven g that the term "public utility buildings or structures" is to be nar- rowly construed. Under this ordinance a radio or television broadcast- ing station seeking to erect a transmission tower in a district other ' than industrial would have to apply for a special permit under Section 85-234. [3,4] Based on all the foregoing, this court finds that the master j antenna mast erected by the respondent Suffolk Cable Corp. is a public utility structure within the meaning of the Brookhaven Town Zoning Ordinance and that the respondent Board of Appeals acted within its authority in granting the special permit. In granting such a special per- .: ( mit the Board of Appeals must follow the provisions set forth in Sec- tion 85-187 of the ordinance. Subdivision B, subsection (2) sets forth the matters which the Board of Appeals must consider in making its de- !r 1 termination. Subdivision B, subsection (1) specifically lists four crite- �.,. ria which must be determined by the Board of Appeals before granting ? a special permit. There is no requirement however as to the manner in !• which such determinations are to be reported. It must be reasonably as- sumed that the granting of the special permit constitutes the determine- tion of the Board of Appeals required by the ordinance. A reading and j consideration of the record in this case §bows ample credible evidence to i support the Board of Appeals' determination. [5) The court further finds that upon this record there was no 1 abuse of the Boards' discretion in granting the height variance. Accordingly,the petition is denied and the proceeding dismissed. p f m Vwsa r i 34 A.D.2d 154 Joseph ROGOFF, as President of Local $71, American Federation of State, County and Municipal Employees, AFL—CIO, Plaintiff-Respondent, v. ' Arvid ANDERSON, as Director of the Office of Collective Bargaining of the City of New York and The City of New York, and Louis J. Lef- kowitz, as Attorney (General of the State of New York, Defendants-Ap- pellants. Supreme Court, Appellate Division, First Department. May 5, 1970. Action for declaration of unconstitutionality of Civil Service Law provision and city rule promulgated thereunder, The Supreme Court, Special Term, New York County, Irving L. Levey, J., April 22, 19690 entered an order prohibiting application of statute and rule, and defend � ,'J i ,"I�'�.G lifq Xld�t` +� rr�� ff��',.. r.4 .�} �i'. _ .•.i . i 4 r'd -� s .7 -. !' . ;St H•" +`� i+F';jt7E-E ��21dy (.7j, � �?fit 'J .r.A �' .. dbti: .. .. . '4. , 141 �• +�' .A i.i �'�ty�13 f.l�t, 1�'J+Fd ��^ 7'�"3 i1 1'� + wdA U , \I.�,k Y � JV �s MAMMINA v. ZONING BD. OF APPEALS, ETC. 689 Cite as,Sup.,442 N.Y.S.2d 699 issue, this court 1,ate with the Connecticut since The Connecticut court has continued to ex- anecticut December 7, 1980, the date the petition ercise jurisdiction and until it declines to do proceeding con- so,this court will defer to tb i has allo:` in s court of another state exercising remains the residence I ,iction met filed, there was not "a e jurisdiction of !ontained in inj the custody of the child pend- Connecticut, the home state, which in fact of one of the contest I that the,- fiction substantially in conformity" ants. See 28 U.S.C. 4 1738A(d). This re jI - )nnecticuL.!. the UCCJA, DRL § 75—g, subd. I. sult is compatible with the disapproval of the court further fails to comprehend forum shopping which is reflected in New asue, it a W the respondent can seek the aid ofthis York caselaw. See, e. g., Vanneck v. Van- !n the lni;6n Connecticut S.2d 735, 404 in modifying the ticut court's neck, 49 N.Y.2d 602, 427 N.Y the state.o of visitation by means of a family N.E.2d 1278 (1980); cf. Nicols v. Nicols, 76 Is 3sed juriA.,' femme petition, while on the other 'hand, A.D.2d 9100- 429 N.Y.S.2d 234 (2d Dept., CCJA. WWI in that this court lacks jurisdiction to 1980). 'e#v'of Will." odify that Connecticut order.here with The petitioner is not without remedy in ' 9,_-including' [a) Based on the above analysis, it this state. Pursuant to DRL § 75-p, subd. commenced suId appear that Connecticut would not 1, a certified copy of a custody decree of ve jurisdiction to modify its decree, and another state which is filed in the office of :nger b"a - t this court has jurisdiction. However, the clerk of the Supreme or Family Courts it state.�ai application of the Parental Kidnapping Pre- of this state has "the same effect and shall n here, tion Act of 1980 (PKPA) alters this re- be enforced in like manner as a custody chlild's.' decree rendered by a court of this state." exists' in • The appropriate authorities of every For UCCJA purposes, a custody decree in- 'State shall enforce according to its terms, eludes orders pertaining to visitation rights. I ,(b). S66,' . i 892, 436 `!, land shall not modify . . . any child custo- Nicols v. Nicols, supra at 911, 429 N.Y.S.2d arch 26,490 ,.dy determination made consistently with 234; See DRL § 75-c,. subds. 2 and 4. ,J, May 6,.1 ,.-the provisions of this section by a court of :... another State. (emphasis added) The motion to dismiss is granted. Of course, the petitioner is not precluded from tional requi U.S.C. § 1738A(a), amending Judiciary returning to this court should the Connecti- I(c) and,(a* ' Chap. 115, 28 U.S.C. § 1738 (December .11 1 cut court, in the future, decline jurisdiction Michael:w .1980). '! over this matter or rule that�-New-York necticut'.-an M* only exception to the above oblige- be a more appropriate forom, tb�beiir_ and it'a is that a court may modify a custody 11 _J-:tt_U this matter. JAF irisdiction rmination of another state if— y in accorda) (1) it has jurisdiction to make such a r?i 7 APR 29 ,1991 of DRL .,,.child custody determination; and 1 i �',-, - • 1 1;1 :4 (2) the court of the other state no long- his jurisdiction, or it has declined to ut court emingli is C-ulit�**A s ich determination. (emphasis 110 Mlsc.2d 534 .added) In the Matter of Joseph-MAMMINA and cisee sani ,311 U-S.C. § 113SA(f). Veronica Mammina, Petitioners, V. ave lei ­ r I re the UCCJA provides bases for jur- ZONING BOARD OF APPEALS OF the Thiel`co' ion which are alternative to the"home TOWN OF CORTLANDT and Highland ,risdictioi@ 6late", the PKPA confers exclusive and Broadesiatink Corp, Respondents, for acco a 4RL � 7 ;`continuing jurisdiction on the home State. Judgment under CPLR'Article 78. 'q" also 28 U.S.C. §§ 1738A(cX2)(E)"and :hild custiili IMA(d). Supreme Court, Westchester County. May 8, 1981. U. CCJA,*, by;-mom Thus,the spirit of the PKPA is clear,and cts respo accord with what will be mandated in' Action was brought for judgment an- is req l. t2ture cases, it is applied to the case at bar. nulling town zoning board of appeals'grant 4 690 442 NEW YORK SUPPLEMENT, 2d SERIES 11 of public utility special use permit to com- this CPLR Article 78 proceeding for judg_-t :(4' ` mercial radio station to erect transmitting ment annulling the determination of the �f towers in area zoned for residential use. respondent Zoning Board. The Supreme Court, Westchester County, Vincent Gurahian J. held that evidence Respondent Highland Broadcasting Cor- ; was insufficient to support board's finding Potation (Highland), is the licensee of a commercial radio broadcasting station using that radio station was a public utility." a designated AM frequency Burin daylight gn 9 Y g Petition granted.. hours by authorization of the Federal Com- munications ... Commission. Hi hland's radio •i.' 1. Zoning and Planning *-238g station WLNA currently operates atrans- + T`.• Zoning board must make reasonable Y pe <: determination of whether entity is "public mitting tower which is located near High- ts_ =r utility," in terms of eligibility for special land's corporate offices in the Town of, "" r use permits, based on substantial evidence Cortlandt. _ ; ;3� ' - . that applicant for special permit is engaged On January 9, 1980, Highland made an j ^. -' in regularly supplying public with some application to the Cortlandt Zoning Board PP g L commodity or service which is of public of Appeals for a special use permit alloadng ; 'R:. ' ±., consequence or need such as electricity,gas, the construction of five radio broadcasting '; water, transportation or telephone services. towers, ranging in height from 158 to 219 - 2. Zoning and Planning *-645 feet, on 19 acres of wetlands located in an In Article 78 proceeding for judgment area zoned residential. Highland had pur- ' annulling determination of town zoning chased the property a couple of years be- board of appeals which granted commercial fore. The five towers would replace the i. radio station a public utility special use existing transmitting facility and will allow -.r permit to erect transmitting towers in area Highland to expand its operation by in- _ s zoned for residential use, evidence was in- creasing the hours of broadcasting on ' sufficient to support board's finding that WLNA from daylight hours to all hours of radio station was a "public utility." CPLR the day. 7801 et seq. _`1-.' The site of the proposed new towers is See publication Words and Phrases a" for other judicial constructions and low-lying and flat. There is an unobstruet- i definitions. ed view of the site from petitioner's resi- dence. Henry J. Neale, Neale & Wilson, Scars- A series of public hearings were held at dale, for petitioners. which Highland presented evidence in sup- Andrew P. O'Rourke, O'Rourke & LoCas- port of its application including documents and expert witnesses. No substantial evi- :' cio, White Plains, for Highland Broadcast- dence was presented in opposition to the J' application. Richard A. DeLorenzo, Deputy Town The Zoning Board at first refused to 4 Atty., Croton-on-Hudson, for Zoning Board meant the application; however, upon the of Appeals. a•;: Board's reconsideration, the special permit } was granted unanimously. � + DECISION The application was made pursuant to j VINCENT GURAHiAN, Justice. Cortlandt Zoning Ordinance § 88-7 in con.; 7. s t. The Zoning Board of Appeals of the junction with § 88--38. Section 88-7allows Town of Cortlandt has granted a commer- for special use permits for, inter a1ia, "pub- cial radio station a public utility special use lie utility uses". Section 8"8 sets forth';:::,4 s� g permit to erect transmitting towers in an standards which must be met in the granU: r area zoned for residential use. Petitioner, ing of any special permit pursuant an owner of neighboring property, brings § 88-7. may: i 1 I I AIAMMINA v. ZONING BD. OF APPEALS, ETC. 691 �. Cite as.,Sup.,442 N.Y.S.2d 699 - weeding for judg- The Zoning Board of Appeals decided as "public utilities" are within the purview ermination of the .I that WLNA is a public utility. In its find- of the Public Service Commission (Public ings the Board noted the testimony of nu- Service Law § 2(23), et al.). Broadcasting Coi - ineroii"s individuals and associations from The elements of monopoly, rate fixing, the licensee of a Cortlandt to the effect that WLNA is per local control and indiscriminate public ser- (sting station using r forming a commendable public service vice are threaded throughout the several +cy during daylight R' '`'a; which would be of even greater benefit to definitions of public utility. While perhaps , 'the Federal Com- a?i the community if they were allowed to go no one of these would be absolutely neces- Highland's radio i to 24-hour broadcasting. Also given weight sary to considering a given entity as a pub- operates straps- �.;;� " was the fact that Highland is subject to lie utility, the common aspect which appears � -�; f ocated near High- '+ public regulation by the Federal Communi- determinative is the nature of the services in the Town of . ': cations Commission and that its broadcast provi e . n u e o - license states "it shall render such broad- m icant feature of vital services that cer- r: ' casting service as will serve public interest, twin businesses are often accorded monopoly iighland made an ' ' convenience and necessity. . ." status and subject to penetrative regu a- ndt Zoning Board The Board thereafter found that the"ad- tions. se permit allowing " �— ditional requirements" for special permits There is next presented the more specific -adio broadcasting j specified by § 88-38 had been met. subject of the meaning of public utility f t from 158 to 219within the framework of zonin law. ;,., • . The petitioner alleges three bases for re- g ands located in an lief: first, the determination by the Zoning Local ordinances similar to the one at bar iighland had pur- w . try-;f. Board was illegal and an abuse of discre- are commonplace. PIjblic utilitiesa-eniov a uple of years be- tion,because Highland Broadcasting Corpo- favored position in relation to zoning regu- would replace the ration is not eligible to obtain a special use lations and public iitilit structures serving :ity and will allow r� permit in these circumstances since it is not a entire communi y aye historically been operation by in- „ broadcasting on `' 7. '<•" a public utility"; second, the determina- r—ecognized as reasonable and proper uses in i =ii9 to all hours of tion granting the application by Highland a tvoes of use districts (Staminski v Ro- 62 Misc.2d 1051 $10 N.Y.S.2d 169 �. Broadcasting Corporation for a re-hearing meo, ). --------------- was not supported by substantial evidence he ordinance in question here contains cd new towers is in the record; and third, the determination no qualification of the term "public utility" is an unobstructr `s ww"" by the Zoning Board granting the applica- and a definition there of is given to broad petitioner's resi- 44 tion of Highland Broadcasting Corporation interpretation by the respondent Zoning for a special use permit was not supported Board. Notwithstanding, that Board's de- 'ngs were held at :,''s' ".. by substantial evidence in the record. termination should be limited to the param- evidence in sup- The threshold question presented is eters dictated by the rationale behind the whether the Board's finding that the a. li special position accorded public utilities his- :uding documents ., g PP P Po a substantial evi- ;�I' cant herein is a public utility was valid torically and in zoning matters specifically; apposition to the both as a matter of law and of fact. that is, because they are essential to public :� A common parlance definition of "public health,safety and welfare(see Video Micro- 1.G utility". may be gleaned from standard wave v. Zoning Board of Appeals, 77 first refused a sources to mean a private business, often a Misc.2d 798,SU N.Y.S.2d 817). �wever, upon the r ie special permit monopoly, which provides services so essen- [11 The focus of the Zonin¢ Board's in- tial to the public interest as to enjoy certain quiry in such matters should be the nature '.•." privileges es g curl+ as eminent domain and be of the service coupled with the necessity for s,:;r -ade pursuant to• :., ` • subject to such governmental regulation as use of the site in question in providing said fe § 88-7 in con- fixing of rates,and standard of service(see sei vi"Tcesto the community. The Board ction 88-7 allows.i "! Webster's Third New International Diction- mus mace a reasonable determination inter alia, "pub-=,`Q ' ary,Black's Law Dictionary, Anderson New based upon substantial evidence that an 88-38 sets forth':'r York Zoning Law and Practice § 9.19). applicant for a special permit is engaged in net in the grant^ It may also be said that public control is regularly tupplying the public with some sit pursuant to ' usually exercised on a local level and in this commodity ,or Service which is of public ' State those businesses ordinarily accepted eonsequeneb or need such as.electricity,gas, y Mf .i 41 ��S►:., :`.. Y l�yl•li,} il.k�*tj I��c`1�1^ll�'�`! tr sr- �,��,�. ��y I _ Yy r 692 442 NEW YORK SUPPLEMENT, 2d SERIES5" . water, transportation or telephone services. ing quasi-public service such as water-.',: 2 (Staminski v. Romeo, supra.) works, gasworks, railroads, telephones; ? telegraphs, etc. ,'a .;.•..`p ( ' [2] There remains the narrow issue r t' - d The uses an enjoyment of such facili- ' whether the respondent Zoning Board.has_.. ..... , ... ma8'e--s`rgal and reasonable determination ties the public has the legal right to de-` ---............. f r that an FCC licensed radio broadcasting mand; but its right to the use and enjoy- ^+ . station is a "public utility" within the ment of the facilities of a privately a meaning of the zoning ordinance. owned radio station is of a much more B g ' limited character . . . the (regulatory).' ; ' 1t appears that the applicant herein is not power of Congress (over radio stations)..' , a monopoly and, albeit subject to regulation hag not yet been extended to the point of by the Federal Communications Commis- fixing and regulating the rates to be sion,the basis and nature of such regulation charged by.,the licensee or the establish';n: _ .: does not parallel that of businesses ordinari- �= a : ment of rules requiring it to serve alike ly accepted as public utilities. the entire public in the use of its facili-:5.'° �..; Generally stated,the purpose of FCC reg- ties. Nor has Congress assumed the right ,q.. ulation of radio stations is to prevent chaos to limit the profits on the basis of invest:..,`; in communications. The scope of such reg- ment or otherwise. The licensee of a ulation includes such powers as classifies- radio station chooses its own advertisers '•:f a Y, tion of stations, prescription of the general. and its own program, and generally;``;` F' ., i i=. nature of services in each class, assignment speaking the only requirement for renew-, ' of frequency bands, power, time of opera- al of its license is that it has not failed to i tion and location. It does not include such function and will not fail to function in 'w?± '•' basic powers as the fixing of rates. It is the public interest.".. also noted that radio stations are not sub- 'r 'v.;.' :i' (also see Sanders Bros. Radio Station ,•�' ect to the control of the New York State °''��r'�'` I Federal Communications Commission, 70 ` u ; '' Public Service Commission. u ,< r App.D.C. 29'1', 106 F.2d 821 (1939)). � There may nevertheless be circumstances w Respondents herein place considerable re- % in which a radio station would be fairly and fiance on the decisions in Staminski V. properly treated as a public utility under meo p su ra and State ex eel. .Pruzan v,s .?, „ • <. _ zoning ordinances. One example might be Redman, 60 Wash.2d 521, 374 P.2d 1002 where it is the onlyfacility providing such Y P g Each case involved the granting of a special1 +r services in a remote or isolated area. How- permit tinder zoning ordinances similar to }` ever, the essential nature of services under- the one at bar. in the rationale b which "public utili- ' ''''•'.' lying Y P The Staminski case held'a master anten- 41 ties" are almost invariably true monopolies na for a cable TV company to be a public subject to rate and other regulation has et Y utility structure. The Court found no re-. ,";•:,;���;;:, to be attributed to standard broadcasting stricting language an a gu on the term public utili- ;` ". •;`L.::., facilities, ty" M used in the zoning ordinance and ' In the case of Pulitzer Publishing nx v. found such term broad enough to i �`• 8' g give the. Federal Communications Commission, 68 Zoning Board jurisdiction to issue a use App.D.C. 124,94 F.2d 219(1937), the Circuit permit. It is noted that said case may be Court of Appeals for the District of Colum- distinguished from the one at bar in that bia, in reviewing an FCC grant of an appli- the cable TV company was subject to the cation for a construction permit by a radio control of the New York State Public Ser- - station, stated: vice Commission. In the Redman matter, r �.'.` . . but we have never said that a radio ,an appellate court^`;:; ' broadcasting station is a public utility in held it radio broadcasting system to be a the sense that a railroad is a public utili- "public,utility"," S ty. Generally speaking, that term com- Conttaiy'opinions are to be found in f` prehends any facility employed in render- Mattel'of,WAN +Inc. V.Nouft,219 Va.b7;'f �� r i �I t �,'}�t�j�y�+l{S ii� S�..S� '"4ti �t�'G.h)'+i ra��•. .-1 � tM�• 1�+ � 5, �t r'i r } •f'@���i ���. �� If ,.� � ar '� ry��t1..'`P�JPS r � t 'r.1. i,h 1� tl. ;3 y{• ie frz.Ps71' ' l=Gtp{ a. ft tr ii�6• 7 ;'b� •�it its t 0. t s ft•tr r, .� lii toWi[14a1ftIW�iP.it'J,ar;. ,L•;.m e?�j,'h�"[b'�'?'�l+ixr.' lit i f t CUNNINGHAM v. FRUCHER 693 I ' cite as,Sup.,442 N.Y.S.2d 693 the entire record presented the ` E " 244 S.E.2d 760 and Public Utility Commis- Upon ' such•as water- Communications Inc., 23 Pa. Court further finds that the applicant is not V H Comm 4ds, telephones, r(.% x;: sion v. W C a public utility as a matter of law. Cmwlth. 292, 351 A.2d M. ! In the former case the Supreme Court of The applicant herein should be in the I t of such facili- ; .,; "Utilities"r as same position as any other business which is gal right to de- >` =`' Virginia held that the termrequired to seek a commercial variance use and enjoy- ±` employed in a local zoning or in q eludes those utilities that provide services rather than a special permit as a public of a privately .' el utility. i a much more S':• which are necessary and essential to any i I he (regulatory) `' A residential area and that a radio tower is The petition is granted. radio stations) not contemplated within the meaning of c !; to the point of ^' that term. In the later case the Common- w O RETNUMREfIST51EM ;,e rates to be 's` wealth of Pennsylvania held that the mere 3''' {acts that a radio station serves a public �. or the establish,"' � :;.; t to serve alike ^ .. interest and is regulated to some extent by +se of its facili- the FCC do not make it a "public utility rporation". -sumed the right Y'� co I to Misc.2d 458 basis of invest- With respect to the holding in State of William 1. CUNNINGHAM, and all "O ` Washington v. Redman, supra, it is noted licensee of a ,{ similarly situated employees of the own advertisers ' '•M:`.,. that there was a dissenting opinion which State of New York, Plaintiff, and generally _'s; stated: v. d to confirm my belief ten , Went for renew- �"4;::. Other factors �.�.., Y Meyer S. FRUCHER, as Head of the New 4as not failed to !:., that the radio transmitter facility in- to function in i;, volved herein is not a public utility within York State Office of Employee Rela- C the meaning of the zoning ordinance. tions, and Edward V. Regan, as Comp- '�`l ` ' y troller and Head of the New York State adio Station. v `` ';:' The station does not necessaril have to be located .within an area zoned for sin- Department of Audit and Control, De- Commission, 70 J: -• le-family dwellings in order to serve Pendants. '1939)). 'r0- S Y `' ' that community. In that respect, it is Supreme Court, Albany County. considerable're- unlike an electric power substation, a 'taminski v. Ro- ;K= May 13, 1981. rel. Pruzan V. branch telephone exchange, or a sewage :u�•'_. treatment plant. Furthermore, the pur- 374 P.2d 1002. ,,, ' State managerial confidential employee ! pose in establishing this radio station is ;ling of a special ',r,, ni- moved for summary judgment,in its declar- .nces similar to only partly to serve the local commu -<ei:�F:;; motivation is com- story judgment action, directing that head ty. .. The primary 's; b;;_• mercial. Again, this is unlike the public of State Office of Employee Relations and I a master anten- % Y P utilities which are necessarily located in a Comptroller and head of State Depart];edn�t y j , to be a public :I!,I ult_r; single-family district for the purpose of of Audit End Control to process payro r rt found no re- ''zi' duction form for certain ]insurance pro- ' i<_l:; serving that particular area. .m public utili- i,..-✓+,,: i' y' On the question of what is a public utility gram® being offered to members o man- ordinance and ':'':'"` ugh to give the in the contemplation of zoning ordinances agement confidential employees union an and whether standard broadcasting iacili- for order allowing action to proceed on class to issue a use ties ordinarily fall within,this Court is com- action basis,and defendants sought dismiss- aid case may be ;:...::.' at bar in that `^x`'" gelled to agree with the holdings in Penn- al of complaint. The Supreme Court,Alba- L`. t:� sylvania and Virginia, as well as the dis- ny County, Robert F. Doran, J., held that: :•subject to the K` Renting opinion in Washington. (1)class action certif"Ecation was not proper, :ate Public Ser :t` This Court finds that there is nothing in and(2)statutory authority granted to State g Comptrollet to make payroll deductions for appellate court this record by which the respondent Zoning Board of .Appeals might reasonably have . gip hpAlth insurance pteinlume is limited system to be'a f,. found that the necessary criteria is met by to instatitail1{dolving etatk•$pbnsored incur Ji"1 the $pplicant.' It has not been established . anoe plan !`I'' 't!,! :,e found in the w by substantial evidence that the applicant is Ordet�,>iramgly h +uff,219 Va.b7 ^�. �ai^v atter of fact ,� a public Utility as a m + jt I f �t1P i�+� trli t t" ,t ,I 4� t� �Lq��l , J i''•'�.:i%,'r '! '4i' �'*.q��{++(t i1fR16RE1YlA[ i� f�ir'Y .Asx.:i?gr # i>v.Fll f�' dr iU f .1J.'.owaufs�• •S_�`.i.7[7:.d Xlitl s....+.. w Y, r MOORE & MOORE Attorneys at Law AIR 2 4 Clause Commons Suite 3 l' i Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 �_.-----`f Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary April 25, 1991 Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Metro One Special Exception Application Dear Chairman Goehringer and Members of the Board: In confirmation of my telephone conversation with Linda Kowalski, I am enclosing six (6) copies of a Memorandum in Support of Petitioner's Application for the special exception use and height exception or variance as necessary. I believe the Memorandum will address the questions regarding Metro One's status as a public utility. As I mentioned to Linda, Allen M. Smith, an attorney from Riverhead, will be handling the application for Metro One at the public hearing as I will be out of town on that evening. He is also an attorney for Metro One handling their sites in the Towns of Riverhead and Southampton. If you should need any additional information in advance of the hearing, he can be reached at 727-3947. Also enclosed is an affidavit signed by William J. Baxter, Jr. as owner of the southerly property which abuts the subject parcel consenting to the application. Very truly yours, William D. Moore WDM/mr Encls. cc: Metro One Allen M. Smith, Esq. PS. This letter was dictated by William D. Moore, but not reviewed by him because he had to be out of town. CVW 10 + (\ ' TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ==� } ApR 2 In h t e Matter of THE CELLULAR TELEPHONE COMPANY —� d/b/a METRO ONE Description of Action: Special Exception approval for utility structure and variance if necessary -------------------------------------------------------------------------------------x MEMORANDUM IN SUPPORT OF PETITIONER'S APPLICATION INTRODUCTION The Cellular Telephone Company d/b/a Metro One (hereinafter Metro One) is a public utility engaged in the business of radio cellular telephone service. Metro One seeks approval for the construction of a 104 foot monopole radio tower with radio antenna for transmitting and receiving cellular telephone radio signals. The proposed structure, if approved, is to be located at Elijah's Lane, Mattituck, New York on property owned by William J. Baxter and others with the Suffolk County Tax Map Number District 1000 Section 108 Block 4 Lot 11.3. In addition to the proposed radio tower, an existing concrete block building will be renovated and used to house computer equipment used to provide cellular radio telephone service. The proposed facility will be unmanned. APPROVALS NEEDED TO PROVIDE RADIO TELEPHONE SERVICE The following approvals from the Southold Town Zoning Board of Appeals are necessary for Metro One to provide cellular radio telephone service in the Town of Southold at the proposed site 1. Special Exception approval for this public utility structure in the limited business (LB) zoning district /'�2. An interpretation from the Zoning Board of Appeals regarding the applicability of section 230(d) of the Southold Town Zoning Ordinance which establishes an exception from the height restrictions in the zoning ordinance for radio towers. 3. A variance from the thirty-five (35') foot height limitation if the exception from section 230(d) does not apply to the proposed �4114 �1 " monopole radio tower. SPECIAL EXCEPTION USE In the Limited Business (LB) zoning district uses which are permitted by special exception of the Board of Appeals are set forth in section 100-81(B)(1) which states: "any special exception use as set forth in and regulated by section 100-31(B) of the Agricultural- Conservation district. . . ." Section 100-31(B) of the Southold Town Zoning Ordinance includes subparagraph (6) which permits Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. Thus public utility structures are permitted in the Limited Business (LB) zoning district as special exception uses. A. METRO ONE IS A PUBLIC UTILITY PROPOSING TO BUILD A PUBLIC UTILITY STRUCTURE NECESSARY TO SERVE AREAS WITHIN THE TOWN OF SOUTHOLD The Southold Town Zoning Code does not define a "public utility" or "public utility structure". It is not uncommon for local zoning ordinances to have no definition for such terms. As a result, several court cases have determined whether or not a proposed structure and use of property constitutes a "public utility". In Staminski v. Romeo', 62 Misc.2d 1051, 310 N.Y.S.2d 169 (Sup. Ct: Suffolk 1970) and in Mammina v. Zoning Board of Appeals?, 110 Misc.2d 534, 442 N.Y.S.2d 689, the courts determined that "in this State those businesses ordinarily accepted as "public utilities" are within the purview of the Public Service Commission" Mammini at 691. In addition, Black's Law Dictionary defines "public utility" as " a business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, transportation, or telephone or telegraph service." Metro One satisfies these definitions of "public utility". In order for Metro One to provide radio cellular telephone service, it was necessary for the company to submit an application pursuant to New York State Public Service Law to the New York State Public Service Commission. This application was necessary because telephone companies are regulated by the Public Service Commission in the State of New York. Metro One constitutes a "telephone corporation' and a "public utility company" as those terms are In this case the court held that a community antenna television system(CATV)was a public utility because the CATV system could be regulated by the Public Service Commission even though the Commission had chosen not to subject CATV to such regulation. ? The court ruled that a commercial radio station was not a public utility within the context of the zoning ordinance. The court relied primarily upon the fact that"radio stations are not subject to the control of the New York State Public Service Commission." Mammina at 692. U defined in Public Service Law sections 2 (17) and (23Y. Attached hereto as Exhibit "A" is a copy of the Certificate of Public Convenience and Necessity issued by the New York State Public Service Commission on April 18, 1985 with attachment I describing the geographic area in which Metro One is authorized to operate which includes the Town of Southold. In addition, Metro One is licensed by the Federal Communications Commission (FCC) to provide Domestic Public Cellular Radio Telecommunications Service in the New York Modified MSA. Attached hereto as Exhibit "B" is a copy of a letter from the law firm '7 of Fisher, Wayland, Cooper and Leader the law firm representing Metro One before the FCC describing the FCC approval for Metro One to serve the geographic area including the Town of Southold. B. THE PROPOSED RADIO TOWER IS NECESSARY TO SERVE AREAS WITHIN THE TOWN OF SOUTHOLD When the Southold Town Zoning Board of Appeals considers a special exception application, its determination must be governed by the zoning ordinance specifically sections 100-13 [defines a special exception use], 100-263 [general standards] and 100-264 [matters to be considered]. While the special exception approval of the zoning board of appeals is necessary for the proposed public utility use, it is established law that "[p]ublic utilities enjoy a favored position in relation to zoning regulations and public utility structures serving the entire community have historically been recognized as reasonable and proper uses in all types of use districts." Mammina v. Zoning Board of Appeals, supra at 691 (citing Staminski v. 3 New York Public Service Law section 2 (23) defines a utility company or public utility company as "one or more persons or corporations operating an agency or agencies for public service,land who or which is or are subject to the jurisdiction, supervision and regulations prescribed by or pursuant to this chapter." V Romeo, 62 Misc.2d 1051, 310 N.Y.S.2d 169) This favored position is acceptable because public utilities are considered "necessary for the public health safety or welfare, and, of necessity, their facilities must often be located in areas which would otherwise not be the most suitable from the standpoint of customary zoning criteria." Rathkopf, The Law of Zoning and Planning,.section 55.01 page 55-1 (4th ed. 1988) This favored position is recognized in the Southold Zoning ordinance; public utility structures are permitted in all zoning districts except; Hamlet Density, Affordable Housing District; Marine I, Marine II. When selecting sites, Metro One attempts to use existing buildings, water tanks, radio towers and unoccupied properties for cell site locations to the extent practicable (i.e. usable from an engineering and service standpoint). Metro One engineers identified the subject site in Mattituck which is zoned limited business (LB) as a necessary and feasible site to link cellular radio coverage between Riverhead and the Peconic site to be developed at the Southold Town Police Department. The Mattituck site was selected in this location specifically to minimize, to the extent practicable, the impact of the proposed structure on the surrounding properties. The site was selected from others in the area because it is zoned for limited business use; residential or agriculturally zoned property was not chosen. The proposed location is set back from the streets and is situated in a wooded area -- all decisions made in an attempt to minimize the potential impact of the proposed structure while providing the reliable service which, by law, Metro One is obligated to provide. V C. DESCRIPTION OF PROPOSED FACILITY AND SETTING AND REASONABLY EXPECTED IMPACTS OF USE Metro One proposes to locate the computer telecommunications equipment within a small concrete block building which already exists on the property and which is presently in a state of disrepair and is not used. This building is setback approximately 211 feet from Elijah's Lane behind an existing one story barn which blocks this structure from view from the road. The building is setback approximately 230 feet from New York State Route 25 and is separated from Route 25 by a separate piece of property also owned by William Baxter and others [the landlord of the subject parcel]. The building is also approximately 87 feet from the northerly property line which abuts vacant property zoned R-40. The building is situated approximately 266 from the rear lot line. The proposed monopole and antenna radio tower is 104 feet in height and is set back approximately 235 feet from Elijah's Lane behind both the small concrete block building which is proposed for computer equipment and the existing one story barn. The proposed radio tower is approximately 95 feet from the northerly property line, approximately 70 feet from the southerly property line and 241 feet from the rear lot line. The "fall down" radius of the proposed tower is such that the 104 foot tower, in the unlikely event that it should fall, would land only 9 feet into the northerly lot which abuts the subject parcel and 34 feet into the property to the south" The property to the south is already improved with an existing one story block building which building is located outside the falldown radius [ie. approximately 118 feet from tower to structure] and said 4 The zoning setbacks in the R-40 zoning district in which the northerly parcel is located are 50 feet for principal structure and 15 feet for an accessory structure. Therefore the proposed tower would not interfere with the ability to utilize this property to the fullest extent permitted by the zoning ordinance. property is owned by the landlord/owner of the subject parcel and as owners of this southerly property, they have consented to the proposed application. The balance of the fall down area is situated within the subject parcel and is clear of overhead transmission lines. The subject property is well wooded with trees already growing to a height of approximately 40 feet. [See attached Exhibit C, letter from Carmen - Dunne] The proposed monopole radio tower will be situated within the existing trees and all trees will remain on the property. These trees provide an existing buffer and natural screening which does not exist on many of the other properties in the surrounding area, and provide screening which will mitigate, to the extent possible, the visual impacts of the proposed structure. The potential impacts of the proposed use on other uses permitted within the Limited Business district (ie. parcel to the south) and on ajoining use districts and properties is less than those impacts which could reasonably be expected from other uses permitted in the Limited Business District. Section 100-81(A)(2) sets forth those uses which, with the exception of site plan approval, are permitted and which do not require special exception approval of the zoning board. These uses are: Retail businesses for antique, art, craft shops/galleries ; Custom workshops/ machine shops Wholesale and retail sale of nursery/garden plants and material; Libraries/ museums; Professional and business offices; Funeral homes; Restaurants (except drive ins) Personal service shoes (barbershops,beauty parlors, professional studios, travel agencies); Repair shops for household,business or personal appliances, cabinet shops, carpentershops, electrical shops,plumbing shops,furniture repair,bicycle and motorcycle shops,landscaping and other service business; Wholesale and warehousing; Retail use supplemental to service business establishment. Emphasis is added to highlight those particular uses which would have a greater impact on the uses within the Limited Business district and on adjoining use districts than the proposed use. These are uses which do not require special exception approval, and yet could reasonably be expected to generate more traffic, and noise, and a greater use of resources such as water/sewage than the proposed use. The only impact created by the proposed use is visual. The use has no impact on the ability of other uses in the zoning district or on.the ability of properties in the adjoining use districts to be utilized to the fullest extent permitted within the respective zoning district restrictions. The proposed use is an unmanned facility which will be visited, after initial construction, by a service technician once a week unless a problem developed. The use will have no need for water supply or facilities for removal of sewage nor will the use give off any gases, odors, smoke or soot. Similarly, operation of the radio tower and communications building will not cause disturbing emissions of electrical discharges, dust, light, vibration, or noise. There are no public parking or recreation facilities in the area, either existing or proposed, and even if there were, the proposed use will not cause undue interference with such a use. The proposed use includes two off street parking spaces which are easily located behind the existing one story barn out of view from the street. The radio tower and unmanned telecommunications building do not create a hazard to life, limb, or property as they carry no.threat of fire, flood, erosion or panic. The structure includes a self-contained fire suppression system and is connected directly to the local emergency services. The proposed use will have no .effect on overcrowding land or creating any concentration of population as this is an unmanned facility. The lot on which this use is.proposed is appropriate as it is zoned Limited Business and has been selected by Metro One to minimize potential impacts on residential areas. The property owner to the south has given their consent to this application, and the impact V of the proposed use on the abutting property to the north is minimal. The proposed use on this property is not located near a church, school, theater, recreational area or other place of public assembly. Within the search area in which Metro One selected the proposed site, this site was selected as beinIg particularly suited for the engineering needs of Metro One to provide a link between sites located in the Town of Riverhead and the site to be constructed at the Southold Town Police Station in Peconic. In addition, this site, unlike others in the search area, is zoned for business use. Other sites examined in this area are zoned either residential or agricultural uses. .This site was also selected because it is a wooded lot with existing trees already 40 feet in height. The site is thus suited to screen, the the extent possible, the proposed structure from adjoining properties. In addition, the substantial setbacks of the proposed structure from the adjoinging properties and from the roads further minimizes the potential impacts of the use and structures. To the extent necessary and as required by the applicable Southold Town Code requirements, the stormwater runoff will be collected on site. Finally, the selected site and the proposed use will create no interference with any natural features and will have no impact on any ground or surface waters. J HEIGHT OF RADIO TOWER / EXCEPTION / VARIANCE The proposed monopole radio tower is to be 104 feet in' height. Section 100-230(D) of the Southold Town Zoning Ordinance states: Height exceptions. The height limitations of this chapter shall not apply to (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers and television aerials, provided that any television or radio aerial shall not be located narer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty (220) volts. (emphasis added) The proposed structure clearly falls within the exception created by this section of the zoning ordinance. The tower is used for receiving and transmitting radio signals and as such can easily be considered a "transmission tower" or a "radio tower." The highest court in the state of New York has held that zoning regulations are in derogation of the common law and must be strictly construed in favor of the property owner and must be strictly construed against the municipality. See Anderson, New York Zoning Law and Practice, 3rd edition, vol 1. section 17.01 and the numerous cases cited therein. A fair and reasonable interpretation of the above section of the zoning ordinance can only conclude that the proposed structure falls clearly within this exception to the general height restrictions of the zoning ordinance. If the zoning board does not accept the interpretation offered by the applicant and the board does not agree that the proposed structure falls within the exception set forth in the ordinance a height variance is necessary. A height variance constitutes an "area variance" and as such, the standard of review to be applied is whether a strict application of the zoning ordinance consitutes a practical difficulty for the proposed structure. The standards to be considered have been set forth in the case of Wachsberger v. Michalis, 19 Misc.2d 909, 191 N.Y.S.2d 621 (1959) as follows: (1) How substantial is variance in relation to the requirement; (2) What effect if any if variance granted will be imposed on available governmental facilities (ie fire, water, garbage); (3) Will variance create a substantial change in character of neighborhood or a substantial detriment to adjoining properties; (4) Can the difficulty be obviated by some means other than a variance; (5) In view of manner in which difficulty arose and considering all of these factors, will the interests of justice be served by allowing the variance. The.proposed'structure requires a substantial variance in relation to the regulation. The height restriction is 35 feet and Metro seeks,approval of a 104 structure. However, the proposed use is impossible without a tower of such a height. Granting the variance will have no impact at all on available governmental facilities because proposed facility is unmanned, will not generate garbage or the need for water, as it is a self contained unit which includes sophisticated fire suppression system.' The variance will not create a substantial change in the character of the neighborhood or create a substantial detriment to adjoining owners. .The tower is.95 feet and 70 feet from property lines at the closest point. The property consists of a wooded lot where trees are already 40 feet in height and the tower is setback 235 and 241 feet from the respective front and rear lot lines. The proposed structures are located behind the existing 1 story barn. The property cannot be put to the proposed use in this or any other zoning district if,a height variance is not permitted; the tower cannot function at the 35 foot height requirement. This problem is unique to such public utility strutures and is a problem not shared by other property uses in the district. In light of all of the above and the fact that - r the facility is inoperable unless the requested variance is granted; substantial justice is served by granting the variance. CONCLUSION For the reasons set forth herein, the Southold Town Zoning Board of Appeals must conclude that Metro One constitutes a"public utility" and is entitled to special exception approval and a height variance, if necessary for the proposed facility at the Mattituck site. Moore & Moore Attorneys for Metro One Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 (516) 298-5674 -Allen M. Smith, Esq. Attorney for Metro One 737 Roanoke Avenue Riverhead, New York 11971 (516) 727-3947 STATE OF NEW YORE PUBLIC SERVICE COMMISSION APR 2 9 1985 At a Session of the Public Service Commission held in the City of .. Albany on January 11 , 1984 COMMISSIONERS PRESENT: Paul ' L. Giofa , Chairman i' X n Harold,. A. Jerry, Jr. Anne F. Mead Rosemary S. Pooler ,, `• �� • 1F.. CASE 28693 — Cellular Telephone Company — Petition for a Certificate of Public Convenience and Necessity to construct and operate a cellular radio telecommunication service in the New York Standard Metropolitan Statistical Area. ORDER ISSUING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (Issued April 18, 1985) By petition filed- November 21, 1983s, Cellular Telephone Company (CTC) sought authority pursuant to Section 99 of * the Public Service Law to operate a cellular radio system in the New York City area. The petitioner had applied to the Federal Communications Commission for a construction permit. , At our session of January 11, 1984 , we determined that public convenience and necessity require the construction of facilities by Cellular Telephone Company. We approved the request but withheld the certificate pending receipt of FCC approval . On October 19, 1984, the k 2 FCC granted CTC permission to operate its proposed system in the New York SMSA. A copy of the FCC construction permit was forwarded to us on April 8, 1985. Because of the extent of the plant to be constructed, CTC has requested a 12 month interval from the date of this order for filing of its tariffs. Accordingly it is: C E R T I F I E D that subject to the conditions hereinafter set forth in this order, and not otherwise, public convenience and necessity require that Cellular Telephone Company be authorized to construct and operate cellular telephone facilities which shall emit reliable radio signals within the contours defined by the directions and distances set forth in Attachment I. Additionally, Cellular Telephone Company shall be authorized to and it is further 0 R D E R E D: 1. That this order constitutes a Certificate of Public Convenience and Necessity authorizing Cellular Telephone Company to provide cellular radio telephone srevice in the New York Standard Metropolitan Statistical Area; 2. That appropriate tariff schedules should be filed with the Commission within 12 months of this order provided that such schedules are filed 60 days prior to the commencement of service; 3. That the Certificate of Public Convenience and Necessity set forth in this Order will be revoked without further notice if Cellular Telephone Company fails to file its schedule of tariffs with the Commission within the prescribed period. • V 3 4 . That this ' :der is effective immediately, and 5. That this proceeding is continued. By the Commission, (Signed ) JOHN J. KELLIHER Secretary V s Cellular 'Telephone Company ~``' Reliable Ser ice Area!► ypcatiion: #1B Mahopac . Loci t�n: #lA MarhaPdc 41'22'4.0 W. LOn . 7 3'a4'43'► i3�r-. 'W. I.cn y3'44'43" N. Lai. 41'22' 4" . 3.g-�8 HM��i ..t aU Bearin N o. E 9 11 .d 9. miler! 45' 45 900 90' 10'2 135" CS 135' 7'3 180' 4.2 180' 4.3 2250 4.2 225: 6.5 270 3.6 270 10.6 315' 6.3 315' 10 .7 scat na: #2 Mohegan Lake Loo�atio_n: #3A Katonah y3'51' 20" N. Lat, 41'16 0 46" W.O��c�, 73'37 4 33" N. Lat. 41'17' 99" T LOn aear£�� dBU aaryn -9-feu �.`..��„''i 00 7.5 miles N 0. E 6. 2 Miles 45. 4.4 45° 6. 2 3.8 90' 7 '8 135' 3 .9 .6 1359 . 180° 5 9 180' 0 225' •�' 225' I00 270' 5.9 .7 9 210• 315' 3156 7 .6 518 465 9313 PAGE . 007 MAR 22 ' 91 16! 26 Z00 ' 39HJ TAO-Odd 3W 140�J 3 96 1 1 .16 L2 dul.-I :10c� t t i6 i #5 stoney Point acatiori: #4 Ossining 4l'fl�' S7" d#. On 73'Sl'42'' N. Lat. d1014' 10" W. LOn . 73'59'74" N. Lat. earin Bear-nc MU-. • 8.4 miles 0' E 8.4 miles it 8.4 45• e.4 90' 0.4 90, 9.4 133' 8.4 135 Its 8.4 19o' 8.8 180•aas• 8.4 , 8.4 270• 9.4 270• 6*4 8.4 315' 9.3 315' y Loc�n; #6 Spring valley Looationsf7 Elmsford N. L&t. 41005' 35" W. LOn . 74602' 38" Lat, 41'03' 25" Wb Lon! • 73°49' 2.L sarit� *axiDidBU N 0' E 8.0 miles 11 003 5. 5 miles 45: 13.4 451 1 5.5 90 13.9 90 5. 5 135* 13 .9 135 o 7. 1 180' 13.9 - 1800 • 6.4 L2.0 225 5.9 275: 8.3 2.70' 6.0 31B' S.0 315' 6.8 MAR 22 ' 91 16: 26 $18 , 465 9313 i�AGE . ®06 600 ' 39Ud 3IJ0-Odi3W WOdJ 96 : I l 16 , ZZ ZIHW 1 6 / Loc . 9 Yonkrrg • ation N j�oc�ori: 9 t3�►�r .�oxl ° , 0�. N. Lat. 40056' 15" W. Long.. 73'51 ' 3I." Neat. 40•59' 54" W. 73 4Z 1• 3 0' 9.9 mile$ N 00 3 .0 Miles 45• 9.4 45 2.5 90* 12.0 90' 1.7 135" 12.4 13S3. 3ISO 11.9 180' 3.9 225' 11.1 229' 6.1 210' 11 .4 270' 505 31.5• 10.9 3LS' 5 . 5 hoc.._--.t'fan: M 10 Harrington 9axkf �J �+0�n= #11 RsirisBy► NJ Y 73�'�!l'44" N• Lat. 41'03' 26" W. 1,On • y4't ' 47" ri�. ,a.�t. 40'58' �Qo - H�a N 00 E 8.4 miL4a e � � N 45.E 8. S 90• 11.2 90• 8'4 135• 12.A 133, 8.4 1800 12.3 1806 8.4 225• 8.4 225° 9 .3 210' 0.4 270 9.4 315 B.4 5l8 465 9313 p�q�. 009 MAR 23 ' gl 16: 27 ,.ins a atiW #12 POMptcn LUM NJ rt. Litt. 40'99'4d" w. long. 74'16 si Aar. n N 0' 8 11.0 males 45• 11.2 90' 11 .6 13'5• 13.0 180' 13. 5 225' 11 .5 270• 8.0 3154 7• 7 Loc�n: 014 Fort Lest NJ Locations #15 Secaucus# NJ N. Lett, 40.51 17 W. Lon . 73'58 ' 44" N. La . 40.46'45" W. LOn • 74'54' 50" ADD Hedtr 19 dBU N 4• 11.8 miles N 0* 2 8.4 miles 3• 10.9 45 9.4 90' 12.1 90' 0.4 13s• 12 .6 13V 8.4 ISO,, 12 .4 18C9' 9 .4 225' 12.8 223 8.4 zip- 11.8 270' lo4 315' 1260 313' 8.4 MAR 22: 991 18i27 518 465 9313 PAGE .010 900 ' 3Jdd 3N0-0�1131-1 140N=1 Z-C : i l 16 , ZZ NHW �Q n: #16 orange• NJ N. &Rtj. 40.50142" W. Longs 74'14136" N 0• II►4 miles 456 12.6 9a• 13.7 135 13 .9 180: 11.6 225 11. 1 270: 12.7 315 12.0 #26 Staten XvIard L.q atiOW #27 Coney Saland N. I.rtt 40'32' 47't W. Lon • 74*9 ' 3S" N. Lat• 40• 6t 36 73•S9' 24" 3 d Ar n ' E 9.3 : UGG N 0' E 8.4 Miles. N o 450 9'3 45' 8.4 • 9.9 900 8.6 135• 8.2 136' 8.6 ' 5.4 180' sole 1so 186 4.9 2350 8.6 2254 270• 5.0 270 9.4 315' 7 .8 31508.4 MAR 22 191 16: 28 51s 465 9313 PAG� . 011 900 ' 39 Jd 3Pl0-Odd 3W WOd 3 es : t t 16 , ZZ duw Locativ : #28 Jersey City, g► Location: 29 Brooklyn . " W. Lori 74'02' 24" N. Lat. 40'41 '49" W. Lon.. 73039' 36" N,. Lat. e0*43 ],g - ---r39 dBU N 04 g 8.9 mire N 0•• 8 .4 miles 9.0 46• 9 .3 4s• • 8.9 90 A.4 �.35• 9. 1 1356 9.3 1900 960 180' 9.9 2Z3• 9. 9 225" 8.4 ® 8.6 270 9.6 313' 8.8 315• 9.2 x,oamtio 030 Manhattan Locations #31 North Bergen, NJ N. Lat 40'44' 23" W. LOW Is 73.59125" N. tt. 40948 16" jig LOngj73 59'45" ..,,..:t4 searing o Hearin N 06 E 9.2 mile$ N 0' 9 10.9 miles 45• 10.6 45o 10.5 90' 10 .1 90 11,8 35' 10. 3 135* 10.9 og 139 1091 ISO* 11 .6 2230 10.9 225' 11.3 • 10.4 210' 11 .3 270 315• 10 .2 3150 11 . 1 • V MAR 22 ' S1 16s28 519 465 9313 PAGE- 012 rara • nN. -AK1n_n)j 1 '11•1 i,inm-J PP e r t t a . 77 NN1.1 r/ Aoc! ate: 932 Long island city LaC�: 33 Brooklyn N. tat. 40045,29" W. Lon 73*56145" N. Lat. 40.42444" 14• Lon 13056128" aearzn dE earin ��U N 0' E 8.4 miles N 0' E 9.5 Milos 45' 8.6 45' 8. 7 goo 8.4 go• 8.4 135• 9.4 1360 8.9 190' 8.4 1900 9.9 225' 9 .0 225' 0.9 270' 8.4 270' 9.0 319" 8 .4 315" 8.7 LOCat�►On. #34 Richmond Hill LOc cations 235 Bronx N fit. 40.41129" W. Long. 73°50' 43" N. Lat. 40$48' 57" W. Lori 73.83' 13" W-WSemen 39 dBU Hear i3 �v N of E 8.4 miles N 0® E 8.4 miles 459 8.4 45" 10.0 900 e.4 90' 10.1 1350 8 .9 1350 0.4 1801, 9.9 190' 9.3 225' 8.8 2250 10.3 2704, 8.4 370' 9.6 31511 0.4 3150 8.4 MAR 22 191 16: 28 Sf8 465 9313 PAGE . 013 808 • 3Jdd 3N0-O�U 314 WON3 6E a I I I G . J p NHW ri 1 ,jcatione #36 port Washington Location: #37 01rn Oaks N. Lai+, 40.50128" W. Lon . 73642 ' 10" N. Lat. 40'45'24" W. Long. 73'42' 37" dau Bohr ng -T-� N 01, E 8 .4 miles N 0' E 12.0 miles 450 8.4 450 11. 1 909 8.4 90' 11. 3 1330 9.4 13SO 11.8 1800 8.4 1801, 12.0 225* 9.4 225" 11.9 2700 8.4 2700 11.8 3151, 8.4 315' 1261 ocation: #38 W4oHm6rs Location: Merrick N. Lat. 40037' 57" W dBtJ 73"42 '3211 N 40 40'0" qg 33 16" Baarin eax zY 3 1 0• 1r 8.4 wiles N 01, E 8.4 miles 45' 8.4 45" 8.4 90, 8.4 904' 8.4 L390 8.4 135' 8 .4 LAO" 8.4 1000 8 .4 ?250 a.4 2256 8.4 170' 8.4 2.70* 8.4 11§' 8.4 315• 8.4 MAR 22 '91 16:29 51B 463 9313 PAGE .014 ,Cation: 040 Jericho Lae., CAtioaz #41 Huntington N. Lat. 40046149" W. Long* 73®33 ' 26" N. Lat. 40°52 ' 2" W. Lon . 73024@37" 9;d8 N 0' E 5.4 miles N 0' E 6. 1 miles 459 8.4 459 8.0 000 s.4 904, 9.2 133, 9.8 1330 10.2 19b• 10.2 180' 11.3 225' 9.7 2250 9 .7 2709 8.4 2706 8.3 315' 8.4 3130 6.4 Location-0 442 FarMingdals Location: #43 St. Janie$ N. Lat. 40043139" W. Long. 730271411 N. Lat. 40052 ' 55" W. Lon • 73'9' 28" eea-- � 39 aau 9U Di 0• E 7 9 miler N 0" E 6.1 miles 45' 8.3 45• 6 .7 90, 10.8 900 9.2 135' 11. 2 135' 10.6 180' 11.2 180' 11.4 225' 11 . 2 225' 1012 270• 10.2 270' 6.6 315• 0.7 3159 3.4 MAR 22 ' 91 16 29 516 488 9313 Arse'. 015 in_nal i a�.� hin>1 a 0b c 11 16 , La NOW J %`4e ! #44 SayNi11a Lit 045 Sh4riey N. Lat. 40644' 46" W. LOW]. 73°5123" N. Lat. 40047659" W. Lon 72•32435" rt o• E 8.4 mii*s N 0' E 8.4 M4166 45` 9.7 45• 9.2 906 10.1 900 3.9 135 10.2 1359 7.3 180• 10.2 1904 7.4 225# 10.2 2230 6.9 370® 9.1 270• 9.0 31S• 8.8 �19' 8.8 Loo�til #46 Riverhead Locatiw #47 Shelter island N. Lat. 40'55 ' 28" W. .Long. 72.411 26" N _L,at. 41`;' 30" W. Longs 7202-1 `12" ar 3� Bea '3 N 45*N 5. 2 mile$ N 0' E 843 45* . 6 mile' 90• 7.8 900 9.9 135• a.5 137' 0.6 180• 8.7 180' 8O6 225• 7 .9 223• 9. 2 270• 6.9 270' 9. 6 3i5• 4*8 315• 5. 1 MPR 22 191 16:30 518 465 9313 PAGE . 016 • ,�" �rIn_n�I 17I.I I,InA 4 Gib : T T T R . ) � NHW 39 d lUiO1 ** J r ans #49 So+�thlumptan I+oC,,,�ion: #49 East Hampton W. IPon $ 72'24' 13" hnr LA 40'59' 34" We Long. 73•LO' 18" N. Lit. 40'59' 32" n . 80� ' ......� . 8.4 milks �N 0� 11 .0 miles N 0 4s' 9.0 4S• 9.6 90' 9.8 900 10.5 135, 9'6 133* id•7 1900 1*7 180• 10.5 225' 966 225• 10.7 -270" 9.4 270• Lo.9 3154 9.2 315• 10 6 V r 518 46e 9313 pAGE . e17 20L _ I e.fAvR LAW OFFICES FISHER, WAYLAND, COOPER AND LEADER BEN C. FISHER 1255 TWENTY-THIRD STREET, N.W. BEN S. FISHER GROVER C. COOPER SUITE 800 1I890-19541 MARTIN R. LEADER RICHARD R. ZARAGOZA WASHINGTON, D. C. 20037-1125 CHARLES V. WAYLAND CLIFFORD M. HARRINGTON (1910-1980) JOEL R. KASWELL TELEPHONE (202) 659-3494 KATHRYN R. SCHMELTZER DOUGLAS WOLOSHIN TELECOPIER (202) 296-6518 BRIAN R. MOIR OF COUNSEL DAVID D. OXENFORD BARRY H. GOTTFRIED WRITERIS DIRECT NUMBER JOHN O. HEARNE ANN K. FORD LARRY A. BLOSSER (202) 775-3531 ELIOT J. GRREEN BRUCE D. MCI MAIL: FWCLDC EENWALD W CARROLL JOHN YUNG JOHN JOSEPH MCVEIGH KENNETH M. KAUFMAN BARRIE D. BERMAN JOHN K. HANE III' April 11, 1991 BRUCE F. HOFFMEISTER MICHELLE N. PLOTKIN SCOTT R. FLICK FRANCISCO R. MONTERO GREGORY L. MASTERS' MATTHEW P. ZINN ROBERT C. FISHER KAREN M. CORR' JOAN A. SULLIVAN* LAUREN ANN LYNCH' 'NOT ADMITTED IN D.C. VIA TELECOPIER William D. Moore, Esq. Moore & Moore Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Dear Mr. Moore: This firm represents Cellular Telephone Company d/b/a Metro One ("Metro One") before the Federal Communications Commission ("FCC") . This letter is in response to your request for confirmation of the scope of the Metro One FCC license. Metro One is licensed by the FCC to provide Domestic Public Cellular Radio Telecommunications Service on the "Block A" cellular frequencies in the New York Modified MSA. The New York Modified MSA, as defined in Section 22. 904 (e) of the FCC's rules, is a consolidation of the New York, NY/Nassau-Suffolk, NY/Newark, Jersey City and Paterson-Clifton-Passaic, NJ MSAs. Metro One's initial FCC construction authorization, granted on October 31, 1984, proposed to provide service within a Cellular Geographic Service Area ("CGSA") which encompassed virtually all of the dry land area within the New York Modified j MSA (FCC File No. 26126-CL-CP-82) . By May 15, 1986, Metro One had completed construction of the initial phase of its system and was granted a cellular system license (FCC Call Sign KNKA310) for a term ending October- 1, 1995. Thereafter, and within the five- William. D. Mpore, F April 11, 1991 Page 2 year period permitted under the FCC's rules, Metro One expanded its CGSA so that it now includes all of the land and water areas within the New York Modified MSA, plus certain minor extensions into neighboring areas of Connecticut, New York and New Jersey (FCC File Nos. 00002-CL-MP-88; 02801-CL-MP-89; and 02813-CL-MP- 89) . Metro One's CGSA now encompasses all of the land area of Nassau and Suffolk Counties and adjacent waters, including those portions of Long Island Sound which lie within the State of New York. Metro One's current instrument of authorization, FCC File No. 08548-CL-L-91, issued March 20, 1991, includes approximately 125 separate transmitter sites or cell sites. Under the FCC's rules, Metro .One .is required to obtain prior FCC approval for the construction and operation of an additional cell site only if some portion of the service contour will fall outside the CGSA. The distance from the Town of Southold to the nearest CGSA boundary is approximately 10 miles. Metro One has constructed several cells on Long Island, including those at Patchogue and Stony Brook with radii of less than ten miles. If Metro One were to construct a similar cell at Southold, it would merely need to notify the FCC of construction at the time operation commences. Should you have any further questions, please feel free to contact the undersigned. Very truly yours, La ry losser LAB:lh M CME0 W E3 APR 1 51991 Carman -Dunne, PC. Consulting Engineers FRED MEYER,JR.,PRESIDENT CIVIL ENGINEERS/SURVEYORS TWO LAKEVIEW AVENUE-LYNBROOK,L.I.,N.Y. 11563 RICHARD H.SCHROEDER,JR. MUNICIPAL CONSULTANTS RICH J.D H.SC O SITE PLANNING TELEPHONE 516-599-5563 JOHNHIGHWAY FAX NO.:516-543.4873 MICHAEL R.CAVOLI DRAINAGE FACILITIES RAYMOND B.DAWBER STREET LIGHTING TRAFFIC CONTROL SYSTEMS ENERGY CONSERVATION REALTY SUB-DIVISIONS March 28, 1991 Mr. William D. Moore, Esq. Moore & Moore Attorneys at Law Clause Commons, Suite 3 Main Road, P.O. Box 23 Mattituck, New York 11952 Re: Metro-One, Site No. 228. 1 .3 Town of Southold JGA Project No. 9037-174 Dear Mr. Moore: As requested by Metro-One, we have measured the heights of the existing trees that surround the proposed site of the monopole installation. We find that the heights vary to a maximum of 40+ feet. Please contact me if you should require any additional information. Very truly yours, CARMAN-DUNNE, P.C. 4�oh . Toscano, P. L.S. Vice President JJT:m cc: E Weingart - Metro-One C. Conover - Metro-One L. Lorimer - Metro-One A. Carbone - JGA APPEALS BOARD MEMBERS T SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. '701 Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 )o 2G lc2 r 1 ' MAIN RGAD S. R. 25 SOUTHOLD, N.Y...11971 o -746 f 1 •cry ��►�r�3( APPEALS BOARD MEMBERS SCOTT L.HARRIS Ze Supervisor Gerard P.Goehringer,Chairman E� :' ``{' S Charles Grigonis,Jr. Town Hall,53095 Maim Road Serge Doyen,Jr. � , P.O.Box 1179 -James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 April 16, 1991 William D. Moore, Esq. Clause Commons Suite. 3, P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4022 - Cellular Telephone Co. Special Exception Dear Mr. Moore: Please find enclosed a copy of the Legal Notice confirming the hearing on the proposed uses within the existing building as an unmanned telecommunications building and for the proposed construction of the monopole radio tower with antenna, as applied in the Special Exception application. Also enclosed is a copy of the Board SEQRA (Unlisted Action) Declaration determined after review by the board members of the Long Environmental Assessment Form voluntarily furnished by you. The Board Members will, of course, be individually conducting field inspections and reviews as may be required during this process. At the Board' s request, the public hearing on the height variance/interpretation request was not, however, placed on this _ April 30, 1991 calendar. This being a two-fold application, the Board chose first to address the issues on the applicability or interpretation under the zoning code for the proposed uses before proceeding with the height application. The request for the. height interpretation/variance will be placed on a separate hearings calendar, immediately following the date of the Board's decision on the Special Exception. Further notice will be sent to you at that time. . Yours very ru GERARD P. GOEHRINGER CHAIRMAN Enclosures 'Southold Town Board of Appeals -27. - April 10, 1991 Special Meeting GENERAL DISCUSSIONS: The Board Members generally discussed the town' s Home Occupations Law1under Local Law #10-1991 recently adopted by the Town Board -- which was before the Legislative Code Committee several times at length. HEARINGS FOR APRIL 30, 1991: ' On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to schedule and authorize advertisement of the following matters for public hearings to be -held by the Board of Appeals on TUESDAY, APRIL 30, 1991: 7 : 30 p.m. Appl. No. 4015 - MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239. 4A, Section 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; County Tax Map District 1000, Section 67, Block 06, Lot 016. - 7:33 p.m. Appl. No. 4014 - JESSICA W. BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 3, Lot 7. 7: 38 p.m. Appl. No. 3988 - ANTONIO VANGI . Variance to the . Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239. 4A for permission to construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with ,.reduced side yard at 5.8 feet at its closest point. The lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue; County Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020 - KEITH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition with an insufficient (westerly) side yard set back. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map No. 1000-139-3-37. Southold Town Board of Appeals -28- April 10 , 1991 Special Meeting (HEARINGS FOR APRIL 30; 1991 continued: ) 7:48 p.m. Appl.. No. 4019 - CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII; Section 100-239. 4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane., Greenport, NY; County Tax Map No. 1000-57-2-18. 7:52 p.m. Appl. No. 4016 - JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. - Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. 1000-63-2-14. 7: 58 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo) . Variances: Al) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and ( 2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1. 43+- acres. (Record is reopened to receive additional survey information. ) 8: 00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning -ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. *1000-99-2-18. 8: 05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244(A) , AS AMENDED for permission to locate dwelling, swimming pool and garage structure with a reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 - Cedar Beach Park Filed Map #90; 1000-90-4-19 & 20. 8:15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a Ct" METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B( l) , and Article III, Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high Southold Town Board or Appeals =29- April 10, 1991 Special Meeting monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Elijah' s Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11. 3 (part of 11) . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis and Villa. (Member Dinizio abstained as to Cellular applfl * * This resolution was adopted . NEW APPLICATIONS FOR REVIEWS/INSPECTIONS: The Board was advised of the following matters which are ready for public hearings and are expected to be held during the May Regular Meeting and Hearings Calendar (tentative at this time for May 24, 1991 and to be confirmed prior to publication in the newspapers) : 1. Appl. of Michael Cholowsky provided SEQRA is finalized; 2. Both Applications of Linda Fischetti 3 . JULIUS RAGUSIN - Addition with excessive lot coverage and reduced rear yard. Substandard lot. 215 Hummel Avenue, Southold. 4. CHARLES BLIEFELD - One-family dwelling located proposed with reduced front, side, total sides, and accessory building in side yard area. Orchard Lane (private) , Southold. 5. CHARLES KREPP - Deck within 75 feet of water. 1235 Island View Avenue, Greenport. 6. KEITH HARRIS - Garage addition at 265 Freeman Road, Mattituck. * * * NEW REVIEW - INCOMPLETE: Appl. No. 4018 - WILHELM FRANKEN BY ELIZABETH THOMPSON, R.A. The following letter was authorized concerning this proposal to convert an existing one-family dwelling to a five-family dwelling in this B Zone District: " . . .Dear Ms. Thompson: Your recent application has been reviewed and is not complete for the reasons indicated below. You may submit the additional documentation when convenient, and the • additional $200.00 filing fee check will be applied to the additional variances when furnished by you. ySouthold Town Board of Appeals -31- April 10, 1991 Special Meeting c) Article XXIV, Section 100-241A & C - Nonconforming Uses. The existing single-family dwelling use was/is a nonconforming use in this B Zone. Subsections A and C do not authorize structural alterations, extensions or any other changes involving nonconforming buildings with nonconforming uses, (except as may otherwise be permitted for a proposed .conforming use and elimination of nonconforming use) . d) Please note the requirements under Section 100-1911 concerning the parking regulations for multiple dwelling uses, subsections ( 1) through ( 5) , when preparing the PARKING PLAN. e) The Adjacent Property Owner Notification Forms . should also include the above, should be RE-SENT by Certified Mail, furnishing the new postmarked receipts with the form and Affidavit of Mailing completed on the reverse side. Appl. No. 4022 and 4023 - CELLULAR TELEPHONE CO. d/b/a METRO ONE: Special Exception and Variance Applications. Member Dinizio indicated that he is abstaining in these two applications due to a possible conflict since he works with a competing corporation. The Board Members instructed that the application for a Special Exception be scheduled for April 30, 1991, without the variance for height/interpretation, which will be held at a later calendar immediately following the date of the Board' s decision on the Special Exception. The Chairman was authorized to send a letter to the attorney for the applicant advising of the above. There being no other business properly coming before the board at this time, the meeting was adjourned at 11:15 p.m. Respectfully submitted, Linda F. Kowalski Approved - May 23 , 1991 L) Ht•;Altl GI EBY GIVEN,N �R formerly of William J. Baxter and , NOTICE 1S—�' Otners; County Tax Map Parcel ID pursuant to Section 267 of the Town No. 1000-108-4 art of 11. lion of-the subject premises, from Law and the Code of the Town of 8:00 p.m. Appl. No. 4116 — residential to non-residential. Loca- Southold,the following mallcrs will LINDA TAGGART. 71is is an Ap- Rion of Property:North Side rs Main public hearings before the peal of the March 13, I992 Notice Road (State Route 25),at Arshamo- be held for P OP moque near Greenport, (abutting Town SOUTIIOLD TOWN BOARD of Disapproval issued by the Build- in Inspector under Article XIV, properties of 1lollistcr's Restaurant, APPEALS at Main SoutholdSouthold g P Mill Creek Liquors, The Pottery ' 1ia11, 53095 Main Road, Section 100-142 and Article XXIII, Section 100-239.4B for approval or New York 11971,on WEDNESDhe Nos.Placc1000-56-4 24 and 19•tc.);County Tax Map Parcel JULY 29, 1992 commencing recognition of lot with a substandard limes: size of 15,285 s ft., lot width 9:00 .40 —Vl. No. 4072 — following l' No. 4118 — q' Appl.No. 72 ARUJAN AND 7:32 p•m• Appl. (frontage) along the Main Road LINDA ARSLANYAN. Appeal of GLADYS J.MILNE.Variance to the 76.46 feet,and lot depth 125.0 feet. "Zoning Ordinance, Article XXIV, the November 26, 1991 Notice of and Article XXIII, At the time of transfer of title, tlrc Section 100-244B, property was located in the B-Li ht Disapproval of the Building Inspcc- Section 100 239.4B for Perm Business to P P Y g for for a Variance to the"Zoning Or- Section Zone. 'Today, the property dinancc,Article XXIII,Section 100- construct deck addition wuffic in5uffi- is located in the Light Industrial(LI) �. and setback, 'Zone District. Location of Property: 239.4A and Article XXIV, Section cient side y bulkhead, and 100-244B, or Article III, Section setback from existinga ore than 20% 68320 Main Road, Grcenport; Map J with lot coverageof Peconic Bay Estates Lot Nos. 185 100-32, for permission to construct of the code limitation. Location of and 186;County'Tax Map Parcel ID swimming pool and deck addition en 240 Knoll Circle,East Mar- No. 1000-53-2-2. with insufficient sideyard(s) and Prop Y District 1000, with insufficient setback from sound ion;County Tax Map Lot I5; Gar- 8:15 p.m.`Appl. No. 4117SE— Section 37,Block 5, LINDA TAGGART. Request for a bluff/bank along the Long Island diners Bay Estates Lot No.31. Special Exception under Article Sound. Location of Property: 54455 7.3-1 p.•tn. APP1• No, 4115 — (North Side) of County Road 48, XIII, Section rLicle 1B, as refer- Green port; Count Tax Mn Parcel, STEPHEN AND ELLA ordinaDe' enccd from Article XIV, Section p y p Variance to the Zoning 100-141B for permission to estab- No. 1000-52-1-8. Article XXIV,Section 100-244B for lish retail gift shop in this Light The Board of Appeals will at the Article.on to construct deck addition Industrial (LI)Zone District. Loca- above time and place hear any and P Lion of Property: 68320 Main Road, all persons or representatives desir- with an insufficient rear, setback pe y at 340 Bay Haven Lane,Southold, Grcenport; Map of Peconic Bay ing to be heard concerning these „Map of Bay Haven" Lot No.27; Estates Lot Nos. 185 and 186;Coun- applications.Written comments may con- County Tax Map District 1000,Sec- alsoion of be submitted he prior to Each ty Tax map Parcel ID No. 1000-53- uon 088,Block 04,Lot 24• CEL- 22. p.m.A 1 No.4023— 8.25 p.m. Appl. No. 4120 — hearing will not start before the time 7:40 PP• designated above. For more infor- LULAIt TELEPHONE CO• o( WILLIAM GOODALE AND MAT- METRO ONE.'MIS is an AppealTITUCK AUTO CENTER, INC. matron,please call 765-1809. J the March 14, 1991 Notice of Disap Variance to the Zoning Ordinance Dated:July 14, 1992. b Lite proval issued y he Building InsPcc" Article XXI Section 100-212Bfor GIRARD P.GOEHRINGER. re , . for for an Interpretation under Article relief from the front yard landscap- CHAIRMAN! Section 100-230 conceming a ing provisions of the zoning code. By Linda Kowalski proposed 104 ft.heightOf amonopole Location oC Property: 7655 NYS 7442-ITJvI.6 structure for radio transmission,c ests a Route 25 (Main Road), Laurel,near in the alternative,aPP height restriction. Mattituck, NY; County Tax Map variance from the heig t re Westerly Parcel No. 1000-122-06-30.1 (previ- Location of Property'( oust 30). side of Elijali s Lane and the Norther- 8 30 m. Appl. No. 41195E— YS Route P• PP ]y Side of the Main Road(N RICHARD GOODALE AND MAT- Cutchogue,NY; also shown on TITUCK AUTO CENTER, INC. 25), roved Planning Board Sub go. proo-any now (Tenant). Special Exception to the map of May 15, 1990; property ZoningOrdinance Article!X,Section or formerly of William J.Baxter and 100-IOIB(12)for a permit authoriz- Others; County Tax Map Parcel ID ing: (a) a new car sales estab- No.1000-108-4-part°f 11. lishment-, (b)an establishment of an 7:50 m. Appl No 4022SE— accessory use incidental to the pro- CELLULAR TELEPI-IONS CO. p+wad hnun iiaw nu, nulrva ++a�uLlia + I O • }/bJa MCiTRO' Nfi. Request for for the sale and/or lease of used tJ�;t,n:inl Iln+'r1'ti"" "1'1" vut 11r vehicles;(c)outside display of vehi- Article V111, Seellolt 10U 81B(1) cles, (d) accessory office use inci- ' and Article III,Section 100-31B(6) dental to the new principal use as a for an unmanned telecommun new car sales establishment. Loca- Lions building in an e con-xisting lion of Property: 7655 Main Road crete block building and construe (NYS Route 25),Laurel,near Matti- tion of a monopole radio tower with tuck, NY: County Tax Map Parcel antenna for transmitting and rellula No. 1000-122-06-30:1 (prev.30). ing radio signals to provide cellular 8:45 p.m.(Reconvened from June telephone soviets. Location of 30, 1992) Appl. No. 4051 —EU- Property: (11415)Westerly Side GENE M. LACOLLA. Variance to Elijah's Lane and the Northerly the 'Zoning Ordinance, Article III, of the Main Road (NYS Route 25)' Section 100-31A and B, requesting Cutchogue,NY;also sltotivn on Plan omission to thane use of a or- ning Board subdivision oacny now pproved P g P ''map of May 15,1990;properly 1 • STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) , CO-4-o,- coy kL it of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIIViES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for I weeks successively, commencing on the (Q\day of 19 �� �Gt�c_GL Principal Clerk Sworn to before me this Z� 1 day of L&W 19 1 CATHERINE A.O'BRIEN Notary Public,State of New York No.4966586 Qualified in Suffolk County �y Commission Expires May 14,19!-� . ; . x ? j I p.m. Appl. No. 4022SE —CELLULAR TELEPHONE 1 8:30 p.m. Appl. No. 4119SE CO. d/b/a METRO ONE. Re- — RICHARD GOODALE mitted prior to the conclusion of quest for Special Exception ap- the subject hearing.Each hear- NOTICE proval under Article VIII,Sec- AND MATTITUCK AUTO CENTER INC. (Tenant). ing will not start before the OF HEARING tion 100-81B(1)and Article III, Special Exception to the Zoning times designated above. 'For Section 100-31B(6) for an un- more information, please call •Article X,,Section NOTICE IS HEREBY manned telecommunications Ordinance, 765-1809. 100-10113 r(12) fo a permit. GIVEN, pursuant to Section: building in an existing concrete Dated: July 14, 1992. block building authorizing: (a)a new car sales 267 of the Town Law and the: g and construction GERARD P. GOEHRINGER Code of the Town of Southold, pole radio tower withi, establishment; (b)so establish- of amono •. : CHAIRMAN antenna for transmitting ment of an accessory use in- the following matters will be' g and � ' ' ' ;'By Linda Kowalski. cidental to the proposed new car 1X-7/16/92(6) held for public hearings before receiving radio signals to provide sales establishment for the sale the SOUTHOLD TOWN' cellular telephone services. -- BOARD OF APPEALS at the Location of•Property: .(#415) and/or lease of used vehicles; ) vl outside display of vehicles, (d) Southold Town Hall, 53095 Westerly side of Elijah's Lane and the.Northerly Northerl accessory office use incidental to Main Road, Southold, New, y Side of the the new principal use as a new York 11971, on WEDNESDAY,' Main Road (NYS Route 25), car sales establishment. Loca- Q JULY 29,'1992 commencing a0 Cutchogue, NY, also shown on tion of Property: 7655 Main(. the following times: 1 1. Planning Board subdivision- Road (NYS Route 25), Laurel, 7:32 p.m. Appl. No. 4118 appproved •map of May 15, near Mattituck, NY. County GLADYS J. MILNE. Variance, Tax. Map Parcel No. 1000- to the Zoning Ordinance, Arti- 1990;property now or formerly 122-06-30.1 (prey 30). cle XXIV, Section 100-244B; of William J.Baxter and Others; 8:45 p.m. (Reconvened from and Article ' XXIII, Section P County Tax Map Parcel ID No. June 30 1992) Appl. No. 4091 100-239.4B for permission to 1000-108-4-part of 11. — EUGENE M. LACOLLA. construct deck addition with ini 8:00 p.m. Appl. No. 4116 — Variance to the Zoning Or- sufficient side yard setback,in- LINDA TAGGART. This is an dinance, Article.III, Section . sufficient setback from existingAppeal of the March 13, 1992 100-31A and B, requesting per- bulkhead,and with lot coverage Notice of Disapproval issued by mission to change use of a por- at more than 20% of the code the Building Inspector under a tion of the subject premises, limitation. Location of Proper-- Article XIV, Section 100-142 p i from .residential to non- ty: 240 Knoll Circle, East and Article XXIII, Section residential. Location of Proper- Marion; County Tax Map 100-239.413 for approval or ty: North side of Main Road' District 1000,Section 37,Block recognition of lot with a (State Route 25), at Ary 5,Lot 15;Gardiners Bay Estates substandard size of 15,285 sq. shamomoque near Greenport, Lot No. 31. ft.,-lot width (frontage) along (abutting properties of 7:37 p.m. Appl. No. 4115 - :the Main Road 76.46 feet, and Hollister's Restaurant Mill STEPHEN AND ELLA lot depth 125.0 feet.At the time of transfer of title the property Creek Liquors, The Pottery/ SCHMIDT. Variance to the p pert place, etc.); County Tax Map Zoning Ordinance, Article was located in the B-Light parcel Nos. 1000-56-4-24 and 19. XXIV, Section 100-244B for Business Zone. Today, the pro- 9:00 p.m. Appl. No. 4072— permission to construct deck ad- perty is located in the Light In- VARUJAN AND LINDA dition with an insufficient rear- c dustrial (LI) Zone District. ARSLANYAN. Appeal of the - yard setback at 340 Bay Haven Location of Property: 68320 November 26 1991 Notice of Lane, Southold, "Map of Bay Main Road,Greenport;Map of I Disapproval of the Building In Haven"Lot No.27;County Tax Peconic Bay Estates Lot Nos. spector for a Variance to the Map District 1000,Section 088, 185 and 186; County Tax Map Zoning Ordinance, Article Block 04, Lot 24. Parcel ID No. 1000-53-2-2. XXIII;Section 100-239.4A and- _..,7:40 p.m. Appl. No. 4023 — 8:15 p.m.Appl.No.4117SE— Article XXIV,Section 100-244B, CELLULAR TELEPHON-E LINDA TAGGART.Request for . or Article III, Section 100-32, CO.d/b/a METRO ONE.This a Special Exception under Arm 1 for permission to construct is an Appeal of the March 14, title XIII, Section 100-131B, as swimming pool and deck addi- 1991 Notice of Disapproval referenced from Article XIV, tion with insufficient sideyard(s) issued by the Building Inspector Section 100-141B for permission and with insufficient setback for an Interpretation under Ar- to establish retail gift shop in from sound bluff/bank along ticle XXIII, Section 100-230 this Light Industrial (LI) Zone the Long Island Sound. Loca- concerning a proposed 104 ft. District. Location of Property. j height of a monopole structure 68320 Main Road, Greenport; d Ma of Peconic Bay Estates Lot tion of Property: 54455 (North for radio transmission, and in p y � , the alternative, appellant re- Nos. 185 and 186; County Tax Side) of County Road 48 quests a variance from the Map Parcel ID No. 1000-53-2-2.i Greenport; County Tax Map height restriction. Location of 8:25 p.m. Appl. No. 4120—! Parcel No. 1000-52-1-8. WILLIAM GOODALE AND 1 The Board.of Appeals will at j Property:(#415)Westerly side of the above time and la Elijah's Lane and the Norther- MATTITUCK AUTO CEN place hear TER INC.Variance to the Zon- any and all persons or represen- ly Side of the Main Road(NYS ing Ordinance, Article XXI,; tatives desiring to be heard con- Route o Cutchogue,NY;also cerning these applications:Writ- shown on Planning Board� Section 100-212B for relief from i i Subdivision-approved map of the front yard Iandscaping pro- ten comments may also be sub- May 15, 1990; property now or visions of the zoning code formerly of Willam J. Baxter, Location of Property:7655 NYS and Others;. County Tax Map.! Route 25 (Main Road), Laurel, Parcel ID No. 1000-108-4 near Mattituck, NY; County cart of 11. Tax Map Parcel No. 1000- ' 122-06-30.1 (previously 30). COUNTY OF SUFFOLN S'I'A'I I: OF NEW YORK Patricia Wood,- being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, h.rg been ,I)ubliShed in Said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . .l. . . . . weeks SuccesSively, commencing on the . . . . . . . . . . . . . . . . ... clay of , 19 y L. DSworn to before me this . . . . . . . . . . . . . . . . . . . day of '` �. . ... . . , 19 .� . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St^te of New York No. 4806846 Qualified 'in SufI01k Coynty Commission Expires 60 3j�>_2 f " f APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman o Charles Grigonis,Jr. Serge Doyen,Jr. Town Hall,53095 Main Road .. �. .;, _;' P.O.Box 1179 James Dinizio,Jr. '+ ' a'r ,�;, Robert A.Villa .� `;� Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel. free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman . Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. r'e Robert A.Villa Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING 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, New York 11971, on WEDNESDAY, JULY 29, 1992 commencing at the following times: 7: 32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV-, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 200 of the code limitation.. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. '�Page 2 - Legal Notia' Hearings for July 29, 1992 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4023 - CELLULAR TELEPHONE CO. d/b/a . METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (#415) Westerly side of Elijah' s Lane and the Northerly Side of the Main Road (NYS Route 25) , , NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-1.08-4-part of 11. 7: 50 p.m. Appl. .No. 40225E - Cc ELL-ULAR TELEPHONE4CQ. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for { an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: . (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road NYS Route 25 uck NY• also shown on Plannin Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the Page 3 - Legal Noti. Hearings for July 29; 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239. 4B for approval or recognition of lot with a substandard size of 15,285 sq. ft. , lot width (frontage) along the Main Road 76. 46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:.15 p.m. Appl. No. .41175E - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced. from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel Ib No. 1000-53-2-2. f 8:25 P.M. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK = AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25- (Main Road) , Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30) . 8: 30 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant) . Special Exception to the Zoning Ordinance, Article X, Section 100-101B( 12) for a permit Page 4 - Legal Noti,, Hearings for July 29, 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25) , Laurel, near Mattituck, NY: County- Tax Map Parcel No. 1000-122-06-30.1 (prey.. 30) . 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to . non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25) , at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc. ) ; County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9: 00 p.m. Appl. No. 4072 - Appl. No. 4072 - VARUJAN AND = LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of '- Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4A and Article XXIV, Section 100-244B, or- Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; ` Page 5 - Legal Noti Hearings for July 29, 199.2 Southold Town Board of Appeals County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desiring to be heard concerning these applications. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ----------------- ---------------------------------------------x Mailing List of Legal ,.-- ,ice for July 29 , 1992 Hey_, _.`ngs : Copies mai led. .7/1.4/92. Mr. and Mrs. R. Milne Mr. and Mrs. Stephen Schmidt P.O. Box 394 450 Bay Haven Lane East Marion, NY 11939-0394 Southold, NY 11971 Allen M. Smith, Esq. (Re: Cellular Telephone Co. ) 737 Roanoke Avenue Moore & Moore , Esqs . (Re : Cellular Tel . ) P.O. Box 1240 P .O. Box 23 Riverhead, NY 11901-1240 Mattituck , NY 11952 Mr. Merlon Wiggin, P.E. Mrs. Linda Taggart Peconic Associates, Inc. Box 249 P.O. Box 672 Southold, NY 11971 Greenport, NY 11944 J. Kevin McLaughlin, Esq. (Re: Goodale) P.O. Box 1210 1050 Youngs Avenue Southold; NY 11971 Charles R. Cuddy, Esq. (Re: LaColla) P.O. Box 1547 180 Old Country Road Riverhead, NY 11901-1547 Mr. and Mrs. F.M. Flynn (Re: LaColla) P.O. Box 144 Southold, NY 11971 Mr. and Mrs. Varnjan Arslanyan Apt. PH-11 - South Building 1055 River Road Edgewater, NJ 07020 Mr. G. Townsend Smyser (Re: Arslanyan) 302 Prospect Street Ridgewood, NJ 07450 Mr. and Mrs. Richard Sherman (Re: Arslanyan) P.O. Box 1002 Southold, NY . 11971 Mr. and Mrs. Wilbur C. Allcot 527 Paramus Road Paramus, NJ 07652 Mr. Robert H. Whelan, P.E. (Re: Arslanyan) P.O. Box 590 Mattituck, NY 11952-0590 0 Q A APPEALS BOARD MEMBERS SCOTT L.HARRIS ='� y Supervisor Gerard P.Goehringer,Chairman ' Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. a=:;��; _,.,. �.�.=-� P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 SUPPLEMENTAL 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 additional matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 8:05 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Continued hearing in the request for Special Exception approval under Article VIII, Section 100-81B(1) , and Article III, Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. .high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Elijah' s Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937; Parcel ID #1000-108-4-11.1 (part . of 11) . Pctge 2 - Legal NotiC� h. Hearing for June 7, 1991 Southold Town Board of Appeals 8:25 p.m. Appl. No. 4031 - ESTATE OF CHARLES MORGAN. Request for Variance approving the locatitinrbf"-ah existing accessory garage structure in the front yard area, with a setback at less than that conditioned by prior ZBA decision rendered June 20, 1963 under Appeal #576. Location of Property: 930 Jackson Street, New Suffolk, NY; Parcel ID #1000-117-10-6. 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 above. For more information, please call 765-1809. Dated: May 16, 1991. BY ORDER OF THE -SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 5/14/91 L.I. .Traveler-Watchman For Publication Town Clerk Bulletin Board ( lobby) ZBA Board Members and Files ALSO ON 5/16/91 TO: William D. Moore, Esq. (For Cellular Telephone) Mr. Roy Radigan (for Charles Morgan Estate) Y r • COUNTY OF SUFFOLK SUPPLEMENTAL ss: S'1•A'1'l= Of= NEW YOftK NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN,pursuant to Section 267 of Patricia Wood,' being duly sworn, says that she is the The Town Law and the Code of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the Town of Southold, the a public newspaper printed at Southold, in Suffolk County; following additional matters will be held for public hearings and that the notice of which the annexed.is a printed copy, before the SOUTHOLD TOWN haS been ,published in said Long Island Traveler-Watch min BOARD OF APPEALS at the once each week for . . . . . . . . . . .. . . . . . . . . . . weeks Southold Town Hall, Main ;Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, com- SL1CCCSSiVCIy, commencing on the . . . . . . . . . . . . . . . . . . . . . . mencing at the times specified below: 8.05 p.m. Appl. No:.4022- clay Of. . . . . . . . . ./!/.! /* . . . ., 19''7A . CELLULAR TELEPHONE COMPANY d/b/a METRO ONE.Continued hearing in the request for Special Exception approval under Article VIII, Section 100-81B(1), and Article III, Section 100-31B(6) for an �3 unmanned telecommunications Swot lc� before me this . . . . . . . . . . .`. . . . . . . . . day of building in an existing concrete block building and constructionl: 19 P of a 104-ft.high monopole radio' ! tower with antenna for transmit- ting and receiving radio signals to provide cellular telephone ser- vices.Location of Property:415 1 � � Elijah's Lane, Mattituck, NY; . . • • • • • • • • • ✓ !• • • • • • • • also shown on Planning Board Notary Public Map of Map 15, 1990,Map No. BARBARA A. SCHNEIDER 8937; parcel, ID No. 0-108-part (part 11). NOTARY PUBLIC, State of New York No. 4Lt0u846 8:25 p.m. Appl. No. 4031- Qualified in Suffolk Co my ESTATE OF CHARLES MOR- Commission Expires Y/3/ GAN. Request for variance ap- proving the location of an ex- ` isting accessory garage structure in the front yard,with a setback at less than that conditioned by prior ZBA decision rendered June 20,1963 under Appeal No. 576. Location of Property: 930 Jackson Street, New Suffolk, NY;Parcel ID No. 1000-117-10-6. The Board of Appeals will at said time and place hear any and all persons or representatives.-') desiring to be heard in each of' the above matters.Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing I will not start before the times designated above. For more in- formation,please call 765-1809. . Dated: May 16, 1991 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-5/23/91(72) NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town 8:05 p.rr.. :; Pl. No. 4017 — of Southold, the following public CHARLES BLEIFELD. Variances to STATE OF NEW YORK) hearings will be held by the the Zoning Ordinance, Article III, SOUTHOLD TOWN BOARD OF Section 100-33 and Article.XXIV, DSS: APPEALS at a Regular Meeting,at Section 100-244(A)for: (a)permis- COUNTY OF SUFFOLK) the Southold Town Hall,53095 Main sign to locate swimming pool and Road, S,ptahvrd�NY 11971, on garage structures as accessory uses i ) Il TUESDAY,APRIL30,1991: incidental to the proposed residence S���D/1/ �OC/� of I�lattituek, in p.m. Appl. No. 4015 — in an area other than the required rear MELVIN AND MOLLIE KURS. yard, and (b)permission to locate said County, being duly sworn,says that he/she_ Is Principal Variance to the Zoning Ordinance, new dwelling structure with reduced Article XXIV,Section 100-239.4A, side yard setbacks and reduced from ;( Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, Section 100-244B,for permission to yard setback. Location of Property: 4'4 published at Mattituek, in the Town of Southold, County of construct addition with an insufficient 1115 Private Road No.16 at Bayvietv,` t frontyard setback from the westerly _ Southold;Lots 41 and 42 as shown ort Suffolk and State of New York,and that the Notice of which jAn erty line, over existing patio: the Cedar Beach Park Filed Map No: the annexed is a printed copy,has been regularly published in tny of Property: 360 Miam[ 90; County Tax Map No. 1000-90-0- ueI Peconic,NYI County Tax 19 and 20. said Newspaper once each week forr / weeks District]000,Seaton 67,Block :15 p.m.Appl.No.4022�-CEL Su ceSSlVely, eommen 6ng On the /� day of ot 016. LULAR TELEPHONE COMPANY �L sJ9 9f 7:33 pm.Appl.No.4014—,JES d/b/a METRO ONE.Request for Spe- SICA W.BARNARD.Variance to the cial Exception approval under Article N a Zoning Ordinance,Article III,Section VIII,Section 100-81B(1),and Article. 100-33 for permission to locate acces- III, Section 100-31 B(6) for an', ; sory building in an area other than the unmanned telecommunications build' required rear yard.Location of P I rop- .ing in an existing concrete block. erty: 4240 Paradise Point Road; building and construction of a 104-fL Southold,NY;County Tax Map Di,, high monopole radio tower with PH ipa C rk trict 1000,Section 81,Block 3,Lot 7. antenna for transmitting and receiving: 7:38 p.m. Appl. No. 3988 _ radio signals to provide cellular tele= ANTONIO VANGI._Variance to the phone services.Location of Property Zoning Ordinance, Article XXIV; 415 Elijah's Lane,Mattituck,NY;' Section 10-23 4 and'Article s- also shown on Planning Board Map'- Sworn to before me this Section 100-239.4A for permisston to of May 15, 1990,Map No. 8937: construct addition with a setback of County Tax Map No. 1000-108-4� day o less than 100 feet from the top of the• 111.3(part of 11). bluff along the Long Island Sound' The Board of Appeals will at said- and with side yards at less than the. time and place hear any and required 15 and 20 feet.The dwelling sons or representatives desiring to be as exists is nonconforming as to total heard in each of the above matters. sideyards,and the lot area and width• Written comments may also be sub- 7 are nonconforming in this R-40 Zone• mitted prior to the conclusion of the District. Location of Property: 645' subject hearing.Each hearing will not Glen Court,Cutchogue,NY;County• start before the time allotted.Addi- Tax Map No.1000-83-1-17. tional time for your presentation will 7:45 p.m. Appl. No. 4020 — be available, if needed. For more KEITH HARRIS. Variance to the/ information,please call 765-1809. Zoning Ordinance,Article III,Section Dated:April 10,1991. 100-32 for permission to construct BY ORDER OF THE SOUTHOLD addition with an insufficient(wester-, TOWN BOARD OF APPEALS ly)side yard set back. Location of GERARD P GOEHRINGER Property:265 Freeman Road,Matti- CHAIRMAN tuck,NY;County Tax Map No.1000- By Linda Kowalski 139-3-37. 7022-1TA18 7:48 p.m. Appl. No. 4019 — CHARLES KREPP. Variance to the. Zoning Ordinance, Article XXIII; Section 100-239.4E forpermission to, construct open deck addition with an insufficient setback from the retaining wall along high water mark.Location. of Property: 1235 Island View Lane, Greenport,NY;County Tax Map No. 1000-57-2-18. 7:52 p.m. Appl. No. 4016 — JULIUS AND KATHERINE RA- GUSIN.Variance to the Zoning Or- dinance,Article XXIV Sections 100- 242A and 100-244B for permission to _ construct addition to existing noncon- forming dwelling structure,increasing the lot coverage and reducing the rest yard setback.Location of Property: 215 Hummel Avenue, Southold; County'Tax Map No.1000-63-2-14: 7:58 p.m. Appl. No. 3998 — HENRY AND MARY RAYNOR. (Current Owners:Mr.and Mrs.Albert- Mastropaolo). Variances: (1)for. approval of access as required by, New York Town Law,Section 280A• over private right-of-way extending, off the north side of Peconic Bay Boulevard, Laurel,to premises iden- tif-red as County Tax Map Designation 1000-126-04-1,2,5;and (2)to the Zoning Ordinance,Article MA,Sec- tion 100-30A.3,requesting relief.' under the bulk area requirements of• the proposed northerly parcel of 30,162 sq.ft.and the proposed south- easterly parcel of 27,062 sq.ft.The ubject land is located in the R-40 e District,and is also shown orf he"Map of A. L. Downs"as Lots o..24,25,26,27,28,29,30.Con/ twining a total combined area of 1.43t• acres. (Record is reopened to receive, additional survey information.) 8:00 p.m. Appl. No. 4012.— WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III,Section 100-32 for ap- proval of insufficient lot area,depth and width of two parcels in this pro_ posed division of land located along the west side of Luthers(Breakwater) Road, Mattituck-- Taz Map No.1000-99-2-18. a LEGAL NOTICE NOTICE IS 141 ly wall along. high water mark. , GIVEN, pursuant to �n Location of Property: 1235i� icle III, Section 100-33 and 267 of New York Town Law and Island View Lane, Greenport, .244(A) 4(A) XXIV, Section 100- `' the Code of the Town of NY;Count Tax Ma No. 1000- ('�) for: (a) permission to Southold, the following y P locate swimming pool and gar- hearings public 57-2-18. hearings will be held by the 7:52 p.m. Appl. No. 4016— age structures as accessory uses SOUTHOLD TOWN BOARD JULIUS AND KATHERINE incidental to the proposed rest*- OF APPEALS at a Regular RAGUSIN. dence in an area other than the Variance to the required rear yard, and(b)per- 1 Meeting,at the Southold Town 'Zoning Ordinance, Article mission to locate new,dwelling Hall, 53095 Main Road, XXIV, Sections 100-242A and structure with reduced side yard . Southold,NY 11971,on TUES- 100-244B for permission to con- setbacks and reduced front yard DAX.APRIL 30, 1991: struct addition to existing non- setback. Location of Property: 7:30 p.m. Appl. No. 4015— conforming dwelling structure, 1115 Private Road No. 16 at"Bay- MELVIN AND MOLLIE increasing the lot coverage and KURS. Variance to the Zoning reducing the rear yard setback. view, Southold; Lots 41 and 42 L- Ordinance: Article XXIV, Sec- Location of Property:215 Hum- as shown on the Cedar Beach . Park Filed Map No. 90;.Coun- tion 100-239.4A, Section mel Avenue, Southold; County y tY tax Map No. 1000-90-4-191,� $for permission to con- Tax Map No. 1000-63-2-14. and 0: struct addition with an insuffi- 7:58 p.m. Appl. No. 3998— 8:15 t� cient frontyard setback from the HENRY. AND MARY RAy P•m. Appl. No. 4022— k*1l westerly property line,over exist- NOR. (Current Owners: Mr. CELLULAR TELEPHONE ing patio. Location of Proper- and Mrs.Albert Mastropaolo.) - COMPANY .d/b/a METRO ONE.360 Miami Avenue,Peconic, Variances:(1)for a ONE. Request for Special Ex- pproval of ac- ception approval under Article NY; County Tax Map District cess as required by New York VIII,1000,Section 67,Block 06,LotL' :Town Law, Section 280A over Article section 100n 100 3 and 016. private right-of--way extendingArticle III, Section,100-31B(6) 7:33 p.m. Appl. No. 4014. off the north side of Peconij) for an unmanned telecommuni- JESSICA W. BARNARD. Var- Bay Boulevard, Laurel, to pre- cations building b ld existing iance to the Zoning Ordinance, mises identified as Count Tax concrete block building and construction Article I11, Section 100-33 for Map Designation 1000-126-04-1 monopole radio o a *er wit high. tower with an- permission to locate accessory 2, 5; and(2)to the Zoning Or- tenna for transmitting and,re- building in an area other than dinance, Article IIIA, Section ceiving radio signs,t the required rear yard.Location 100-30A.3, requesting relief to provide z of Property:4240 Paradise Point under the bulk area re uire- cellular telephone- services. Road, Southold, NY; County `mints of the proposed norther- Location of Property: 415 Eli Tax Map District 1000, Section ly parcel of,30,162 sq.ft.and the fah s Lane,Mattituck,and also p 81, Block 3, Lot 7.. . proposed southeasterlyshown on Planning Board Map 7:38 parcel lad of May 159.1990,Map No.8937. p.m. Appl: No. 3988— 27,062 sq. ft. The subject land ;.County Tak Map No. 1000-108- ANTONIO YANGI.Variance to is located in the.R 40 Zone Dis- the Zoning Ordinance, Article trict;and is also shown on the 4-Th (part of Ap ' .XXIV,Section 100-244 and Ar- "Map of A.L.Downs"as Lots The Board of Appeals will at. ticle XXIII,Section 100-239.4A No. 24 25, 26, 27, 28, 29, 30. said time and place hear any and S 11 for permission to construct Containing. a total combined all persons or representatives de-f siring to addition with a setback of less area of 1.43 t acres. (Record be;heard in each of the is above matters.. Written the than 100 feet from the top of the reopened to receive'additional `mints 'may also'"be'submitted bluff along the.Long, Island survey information.) Sound and with side yards.,at 8:00 p.m. Appl. No 4012, prior to the conclusion of the less than the required,15 and 20 WILLIAM AND VIOLA DE subject hearing. Each.hearing feet. The dwelling as exists is will not start before the time al- ` > LUCA.:�Variances to the Zoning lotted.Additional time for your nonconforming as to.total side" :Ordinance, Article III,.Section presentation will be available,if yards,and the lot area and width 100-32 fo'r appoval.of insuffi are nonconforming in this R 40 cienf lot area, depth and width),16 needed. For more information, Zone District.Location of Pro of two parcels in this proposed Please call 765-1809. perty: 645 Glen Court, Cut- 'division of land located along Dated: April"10; 1991. :' chogue, NY; County Tax Map the west side of Luthers(Break- BY ORDER OF . No. 1000-83-1-17. water)Road,Mattituck;Coun THE SOUTHOLD TOWN 7:45 p.m. Appl. No. 4020— ty Tax"Map No. 1000-99-2-18. BOARD OF APPEALS KEITH HARRIS.,Variance to 8:05 p.m. Appl. No. 4017—. . .;.'.. 'ERARD R GOEHRINGER the Zoning.Ordinance, Article CHARLES BLEIFELD. Vari cCHAIRMAN III, Section.100-32 for permis-:. ances to the Zoning Ordinance, BY.Linda Kowalski _ sion to construct addition with '' 3. 1X,, an insufficient (westerly). side. yard setback. Location of Pro perty:265 Freeman Road,Mat- tituck,.NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019— " CHARLES KREPP. Variance to the Zoning Ordinance,Arti- cle XXIII, Section 100-239.4B.. for permission to construct open deck addition with an insuffi- cient setback from the retaining ".� COUNTY OF SUFFOLK S'I'A'fl: OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been ,published in said Long Island -Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . I. . . . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . clay of . . . . . . . . . . . . ., 19 T . Sworn to before me Ihis . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . ..-u . . . . , 199.i . . y . . . . . . . . . . I c e ... . .. . . . . . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St^te of New York No. 4806846 Qualifier! in Suffolk Coynty Commission Expires /3ii-z r ,i- ,���. •,.:fit,. ��� APPEALS BOARD MEMBERS ?` SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Gri orris Jr. s '� � :. -`f' g � ,, . �:�; Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio„Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible) . 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 Enclosure �. ''•`�� _.f d . APPEALS BOARD MEMBERS E '- _ _ - - SCOTT L.HARRIS Supervisor Gerard P.Goehrin er,Chairman ` ^+ g .. Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. >, : P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on TUESDAY, APRIL 30, 1991: 7:30 p.m. Appl. No. 4015 - MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239. 4A, Section 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; County Tax Map District 1000, Section 67, Block 06, Lot 016. 7:33 p.m. Appl. No. 4014 - JESSICA W. BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County .Tax Map District 1000, Section. 81, Block 3, Lot 7.- Page 2 - Board of. Appeals ` Noti.ce of _Hearings - Regular Meeting - April 30 , 1991 7: 38 p.m. Appl. No. 3988 - ANTONIO VANGI . Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconform- ing as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map No. 1000-83-1-17. 7 : 45 p'.m. Appl. No. 4020 - KEITH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition with an insufficient (westerly) side yard set back. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map No. 10.00-139-3-37. 7: 48 p.m. Appl. No. 4019 - CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000-57-2-18. a Page 3 - Board of A: ::als Notice of Hearings Regular Meeting - April 30, 1991 7: 52 p.m. Appl. No. 4016 - JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. '1000-63-2-14. 7: 58 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo) . Variances: ( 1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27 , 28, 29, 30. Containing a total combined area of 1. 43+= acres. (Record is reopened to receive additional survey information. ) 8: 00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two Page 4 - Board of i _; eals Notice of Hearings Regular Meeting - April 30, 1991 parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-18. 8:05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article III, Section 100-33 and Article XXIV, Section 100-244(A) for: (a) permission to locate swimming pool and garage structures as accessory uses incidental to the proposed residence in an area other than the required rear yard, and (b) permission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed Map No. 90; County Tax Map No. 1000-90-4-19 and 20. 8:15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) , and Article III, Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio sign to provide cellular telephone services. 'Location. of Property: 415 ELijah' s Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11.3 (part of 11) . Y Fage 5 - Board of peals Notice of Hearings Regular Meeting - April 30, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ----------------------------------------------------------------x Copies of .the Legal. Notices for Hearings to be held 4/30/91 were sent to the following on 4/15/91 Mr. & Mrs . Melvin Kurs 1404 Lowell Avenue New Hyde Park , NY 11040 Ms . Jessica W. Barnard 225 Elderfields Road Manhasset , NY 11030 Mr. John Scaramucci (Vangi ) 2045 Westphalia* Road Mattituck , NY 11952 Marie Ongioni , Esq . (Vangi ) 218 Front St. - Box 562 Greenport , NY 11944 Mr. Keith Harris P . O. Box 513 Mattituck , NY 11952 Torkelsen Builders , Inc . ( Krepp ) P . O. Box 1475 Southold , NY 11971 Deborah Doty , Esq . (Ragusin ) P. O. Box 1181 Cutchogue , NY 11935 Mr. & Mrs . Henry Raynor (DeLuca and Mastropaolo ) 320 Love Lane Mattituck , NY 11952 Peter S. Danowski , Esq . (Beifeld) 616 Roakoke Avenue - P. O. Box 779" Riverhead , NY 11901 Wm. D. Moore , Esq . (Cellular Telephone d/b/a Metro One ) Clause Commons - Suite 3 Main Road - P. O. Box 23 Mattituck , NY 11952 ^ 1 � YfS APPEALS BOARD MEMBERS - SCOTT L.HARRIS _ Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 e April 16, 1991 William D. Moore, Esq. Clause Commons Suite 3, P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4022 - Cellular Telephone Co. Special Exception Dear Mr. Moore: Please find enclosed a copy of the Legal Notice confirming the hearing on the proposed uses within the existing building as an unmanned telecommunications building and for the proposed construction of the monopole radio tower with antenna, as applied in the Special Exception application. Also enclosed is a copy of the Board SEQRA (Unlisted Action) Declaration determined after review by the board members of the Long Environmental Assessment Form voluntarily furnished by you. The Board Members will, of course, be individually conducting field inspections and reviews as may be required during this process. At the Board' s request, the public hearing on the height variance/interpretation request was not, however, placed on this y0 _ April 30, 1991 calendar. This being a two-fold application, Va-Z3 the Board chose first to address the issues on the applicability or interpretation under the zoning code for the proposed uses before proceeding with the height application. The request for the height interpretation/variance will be placed on a separate hearings calendar, immediately following the date of the Board's decision on the Special Exception. Further notice will be sent to you at that time. Yours very ru , ���.-:.:see• - � GERARD P. GOEHRINGER CHAIRMAN Enclosures eAPR PLANNING BOARD MEMBERS c -"ALP � ��;,i �.. ..•�;<' e� Sc- ------_- i�. HARRIS Bennett Orlowski, Jr., Chairman ;,, •� .1 �•. .. �'R--- Supervisor George Ritchie Latham, Jr. 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 Fax (516) 765-1823 April 4, 1991 William D. Moore, Attorney at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, NY 11952 RE: Metro One site plan SCTM# 1000-108-4-11. 3 Dear Mr. Moore: The Planning Board has been notified of your application to the Board of Appeals for a Special Exception for a radio transmission tower with antenna and unmanned computer run equipment in an existing concrete block building. Until the Board of Appeals acts on your Special Exception request, the Planning Board must consider your application incomplete for the purpose of a SEQRA review. The Board will review other items in your site plan application simultaneously with the Board of Appeals review to insure the timely processing of your application. If you have any questions, or require further assistance please contact this office. Very truly yours, Bennett Orlowski Jr. / Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Page 3 Special Meeting - .April 5, 1991 Southold Town Board of Appeals BOARD REVIEW: MATTER OF 'THE APPLICATION of CELLULAR TELEPHONE CO. d/b/a METRO ONE (Special Exception application was submitted on February 22, 1991 for review and processing) . The Board Members indicated that since a Long Environmental Assessment Form was voluntarily furnished by the applicant, the Board will review the same in time for the April 10, 1991 Special Meeting. At the April 10, 1991 Meeting, the calendar of hearings for April 30, 1991 will be confirmed by the Board and subsequently advertised. The Special Exception (Use Permit) application has tentatively been placed on the April 30, 1991 hearings calendar. NEXT MEETINGS: The following meeting dates were confirmed with the Board: Wednesday, April 10, 1991 - Special Meeting Tuesday, April 30, 1991 ( instead of April 26 ) RULES OF CONDUCT AND PROCEDURE: The •Board discussed the proposed Rules of Conduct and Procedure drafted by Confidential Secretary Linda Kowalski and presently under review by the Town . Attorney' s Office. Mrs. Kowalski indicated that she expected that the Town Attorney' s Office will be commenting on the proposal within the next week or so, 'and suggested that the Board further consider adoption of rules at one of the next two Z.B.A. meetings. (These Rules of Conduct and Procedure would be a supplement .to those adopted previously by the Z.B.A. in or about 1958. ) REMINDERS FOR BOARD INSPECTION AND REVIEWS PRIOR-TO ADVERTISING~ LINDA FISCHETTI - Special Exception and Variance applications for conversion of single-family dwelling to professional office use in this RO Zone. E/s Oaklawn Avenue, Southold. WILLIAM DELUCA - Area variances in proposed set-off division. . 4845 Breakwater (Luthers) Road, Mattituck. JESSICA BARNARD - Garage in front yard at a height over 18 feet. 4240. Paradise Point Road, Southold. ARTHUR CARLSON - Amended Application for Interpretation under �. Special Exception (Production of Wine Products) . ;,1•�,,�. `,i w,-„+jam APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. ; Town Hall,53095 Main Road Serge Doyen,Jr. l ?� ;r" P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SO=OLD Telephone(516)765-1800 SEQRA UNLISTED ACTION DECLARATION April 10 , 1991 Appeal No. 4022 SE . Project name: Cellular Telephone Co . , d/b/a Metro One County Tax Map No. 1000- 10 8-4-1 1 . 1 Location of Project: W/S Eli jah ' s. Lane , Matti tuck , NY Relief Requested/Jurisdiction Before This Board in this Project: Special Exception - Public utility use as principal use in this LB Zone 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 o€' the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been .submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X} this .Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA'Action, and has declared a Negative Declaration !for the following reasons: a. An Environmental Assessment/hastlieensubm�tted and evaluated, and/or b. 'An inspection of the property has been made, or C. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { . } this Board refers lead agency .status to your agency since the..' Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.-* The area of jurisdiction by the Board, of Appeals is not . directly related to -site improvements or new buildings. (However, if you . do.not wish to assume lead agency status .within 15 days of this letter, we. will , assume. you have waived same, and we will be required to proceed as Lead- Agency.)• For further information, please contact the Office of - the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.. . I'd - . e- 7�0 �:,� �F-�/,.2! ,mod. : .c; 1(-.:/(o ^7 L 1 SUPPLEMENTAL 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 additional matters will be held for public hear- ings before the SOUTHOLD TOWN BOARD OF APPEALS at the STATE OF NEW YORK) Southold a^w^ Aall,Main Road; Southold,NY 11971,on FRIDAY, ` )SS: JUNE 7, 1991,commencing at the COUNTY OF SUFFOLK) times specified below: ��,3e4n'pljF• Y'uX 1G+�11SnV4u�Fu'e{:u•snac � ` �✓-`—' . 8:05 p.m.Appl.No.'4022-CEL- of Mattituck, In LULAR TELEPHONE COMPANY d/b/a METROO ONE.Continued hear. said County, being duly sworn,says that he/she Is Principal �� ing in the request for Special Excep- Cle& —ZHE SUFFOLK TIMES, a Weekly Newspaper, tion approval under Article VIII,Sec- lion 10o slsp d Artiole>III,Sec- published at Mattituck, In the Town of Southold, County of tion 100-31B(6)for unmanned Suffolk and State of New York,and that the Notice of which telecommunications building in an the annexed is a printed copy,has been regularly published In existing concrete block building and construction of a 104-ft. high said Newspaper once each week for weeks monopole radio tower with antenna for transmitting and receiving radio. s cessiveiy, commenc ng on the day of signals to provide cellular telephone 19. services. Location of Property: 415 Elijah's Lane,Mattituck;NY, also shown on Planning Board Map of May 15,1990,Map No.8937,Parcel ID#1000408-4-11.1(part of 11). 8:25 p.m. Appl. No. 4031 - ESTATE OF CHARLES MORGAN. Principal Clerk Request for Variance approving the location of an existing accessory garage structure in the front yard area, with a setback at less than that condi- tioned by prior ZBA decision ren- dered June 20, 1963 under Appeal Location of day Of son#57 Property:930 Jack- 19, son Street,New Suffolk,NY;Parcel - t" Az� ID k Board of 6. DORIS t�ia++hiZ 2•ittiaSi'I.6-�1 The Board of Appeals will at said / f ►y pac,SW of fOIN Yotk time and place hear any and all per- (� QytQ 5%164C.M2oe-Suffolk CW*, sons or representatives desiring to be E.`tplt6g $0,19 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 above. �=r For more information, please call 765-1809. - - Dated:May 16,1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, 163-1TM23 -6' °T TECTONIC ' ENGINEERING CONSULTANTS P.C. GEOTECHNICAL INVESTIGATION FOR METRO ONE FACILITY MATTITUCK; LONG ISLAND, NEW YORK TABLE OF CONTENTS SECTION ITEM PAGE 1.0 PURPOSE AND SCOPE 1 2.0 PROJECT DESCRIPTION 1 3.0 SITE DESCRIPTION 1 4.0 SUBSURFACE INVESTIGATION 2 4.1 Borings 2 4.2 Laboratory Testing 3 5.0 SUBSURFACE DESCRIPTION 3 6.0 FOUNDATION RECOMMENDATIONS 4 6.1 Monopole Foundation 4 7.0 GENERAL EARTHWORK CONSTRUCTION CRITERIA 6 7.1 Monopole Foundation 6 8.0 LIMITATIONS 8 FIGURE 1 SITE LOCATION MAP FIGURE 2 BORING LOCATION PLAN APPENDIX I BORING LOGS APPENDIX II LABORATORY TESTING APPENDIX III TECHNICAL SPECIFICATION FOR CAISSON CONSTRUCTION TECTONIC • - ENGINEERING CONSULTANTS P.C. 1.0 PURPOSE AND SCOPE A geotechnical investigation was performed in order to. determine the subsurface conditions, delineate, engineering characteristics of the subsurface materials and establish. foundation design criteria for the proposed Metro One facilities to be located in East ` Mattituck; Long Island, Suffolk County, New York at Site No: 228.1.3 (Mattituck) . The investigation consisted of . one (1) boring , drilled by . Soiltesting, Inc, in the vicinity of the proposed monpole. The results of the . investigation and associated engineering analysis are discussed herein. 2.0 PROJECT DESCRIPTION The proposed project involves the construction of a monopole which will be approximately 100 feet tall . A portion of an existing 20 foot by 42 ' foot one story block building will . be used to house associated telecommunications equipment. The proposed monopole will be located approximately 60 feet west of the existing one story framed barn and approximately 15 feet west of the existing one story block building. Final. monopole size, configuration and location are tentative at this ' time. 3.0 SITE DESCRIPTION The proposed site for the Metro One facility is. in East Mattituck, New ' York: The site fs located in •the area northwest of the ,"Elijah's Lane and Main Road intersection. The property for;.the 'proposed: sito,;is the second one north on Elijah's Lane from the intersection. (see Figure 1) . - 1 - TECTONIC ' ENGINEERING CONSULTANTS P.C. I The site is presently occupied by two, one (1) story buildings. The large building is a framed barn structure presently used to house trucks and storage. The smaller structure is a 20 foot by 42 foot block structure, proposed ' to be restored and house telecommunications equipment (see Figure 2) . The rear half (west end) of the property is . vegetated by low brush and grass with stands of, approximately 3 inch diameter, beech "trees. Topographically the sites lowest, elevation is in the vicinity of the proposed monopole location. There was no surface water or wet areas observed in this area. However, seasonal fluctuations and/or during periods of heavy precipitation surface water may accumulate in this area. 4.0 SUBSURFACE INVESTIGATION The subsurface investigation was comprised of 1 boring performed by Soiltesting, Inc. on January 28, 1991 at the location indicated on Figure 2. The boring data obtained was supplemented by laboratory testing in order to verify field classification of soil samples. The borings and laboratory testing of soil samples are described herein. 4.1 Borings Tectonic Engineering Consultants' geotechnical representative was present during the drilling operations to ':.moni tor :the work:. and modify—the boring program as necessary.!to accommodate:,:actual conditions. Boring MK-1 was drilled ' at ''the proposed monopole - 2 - • ,f I TECTONIC ENGINEERING CONSULTANTS P.C. I location. The boring was advanced by power auger drilling methods with a 2 inch hollow stem auger and advanced to a total depth of 42 ft. Standard Penetration Testing (SPT) and split spoon sampling was performed at maximum 5 ft. intervals in accordance. with ASTM D 1586. Boring logs are contained in Appendix I. 4.2 Laboratory Testing Laboratory testing was performed on ;representative soil .samples to verify field classification of samples and establish index properties of the soils. Testing inc luded' the following: a. Moisture content, ASTM. D2216 b. Particle Soil Analysis, ASTM D422 In all , two (2) samples were tested. Laboratory test results are contained in Appendix II. 5.0 SUBSURFACE DESCRIPTION Results of the boring indicates that the subsurface soils generally consist of very loose to dense coastal plain sediment deposits that are predominantly granular in nature underlying a 6 to 8 inch layer of topsoil . The sediment deposits are comprised of a mixture of coarse to fine grained sands that are poorly graded with trace amounts of silt and gravel throughout. The soils generally; :i.ncrease in density with increased depths as indicated by the range of;,,Standard Penetration Test (SPT) or 'IN" values encountered during the dr. i11ing ' operation. From - 3 - TECTONIC ENGINEERING CONSULTANTS P.C. depths of 0 to 15 feet the soils are very loose with .SPT values ranging from 5 to 9 blows per foot. An increase in SPT. values."ranging from 13 to 14 blows per foot from 15 to 30 feet was noted, indicating a loose to medium dense sand stratum for the .remaining 5 feet of.'the' boring from 35 to 40 feet, the SPT values ranged from 29 to 70"blows per foot indicating that a medium dense to dense sand,- stratum was encountered. Groundwater was encountered at a ,,depth of23.: feet. Increased static groundwater levels due to seasonal'.fluctuation .and/or during periods of heavy precipitation should be expected.' . .' 6.0 FOUNDATION RECOMMENDATIONS Based .on the design considerations, economic feasibility and results of the subsurface investigation, recommended foundation systems for the proposed structures are as follows: 6.1 Monopole Foundation To accommodate static compressive loads'.due to, the weight of the structure itself and the overturning moments created by wind and ice loading on the monopole, it is recommended that the monopole be supported on a large diameter. caisson .foundation. The caisson should penetrate to a minimum depth .. of 30 ft. below grade to accommodate the overturning and compressive loads on the monopole. An allowable bearing capacity of, 3.0 tons .per square foot should; be assumed for compressive loading of the:,caisson.',., - 4 - ! . ;; TECTONIC. ENGINEERING CONSULTANTS P.C. In determining the available shear strength of insitu .:soils, the values of internal friction assumed, were 28 degrees from .ground . level to a depth of 15 ft. , 30 degrees 'from a depth of.. 15 ft, ' to 35 ft. and 34 degrees from depths of 35 ft. to 40 ft. For resistance of lateral loads and " .overturning, moments, allowable lateral earth pressure values• per foot:: diameter of caisson will .vary with depth as follows:. ;'; DEPTH (FT) LATERAL RESISTANCt (W) 0-5 5 1250 10 2525 15 3800 20 5500 25 6650 30 7475 35 .8275 40 9106 * Based on a factor safety of 2.5 Concrete for caissons shall have a minimum compressive strength of 4000 psi . Reinforcing-of caissons shall conform with minimum requirements specified by the ACI code. Reinforcing cages shall be provided, for the full depth of caisson to accommodate the overturning''loads. - 5 - TECTONIC ENGINEERING CONSULTANTS P.C. I I I 7.0 GENERAL'EARTHWORK CONSTRUCTION CRITERIA 7.1 Monopole Foundation The caisson.,.-. shall be constructed ' in accordance :"" ccordance with the provisions contained herein and with the Jechnical Specifications as indicated .in Appendix III. Sidewall stability should be maintained during construction of the caisson. ',-;The loose conditions, of the granular' ;soiIs the presence of-,`'Agroundwater provides' minimal stability in open excavations: and liquefaction of .the insitu sand may occur: . This can lead to ,Aisturbance of the confining soils adjacent to the drilled shaft.!: and* the bearing strata as well . as inhibiting construction .',',rogress. Therefore a ,lightweight drilling slurry should, be used to prevent caving and maintain sidewall integrity. The drilling slurry level should be kept at a minimum of 10 feet above the groundwater table elevation to ensure an outward pressure on the sidewalls and to eliminate the occurrence of running sands at the base of the drilled shaft excavation: Additional measures which could be implemented to prevent caving and limit sidewall instability include the use of temporary casing along with the drilling slurry. , The caisson. shall be constructed at the locations noted on the contract drawings. Deviation from ,". plan°;.'location,.' should not exceed 1/24:' of the shaft diameter, . or. 3 '1.inches,, whichever is - 6 - TECTONIC ENGINEERING CONSULTANTS P.C. less. Out of pl umb. tol erance for shafts should be 2% or .less of the shaft length. Drilled shafts shall be excavated to a minimum depth of 30 feet. The bearing stratum should be explored with a probe hole below the , bottom of the drilled caisson at the discretion of the geotechnical engineer in order to verify the bearing capacity of the stratum. If test results indicate that the stratum is not capable of providing the required minimum service , load bearing pressure, adjustments to the caisson depths shall. be made as directed by the geotechnical engineer. Prior to placement of concrete, the bottom of the shaft should be cleared of loose material . Concrete should be placed immediately after completion of excavation and verification of bearing stratum. Shaft excavations should not be left open overnight. Concrete should be placed utilizing tremie methods and should be placed in one continuous operation. If a construction joint is unavoidable, level , roughen and clean the surface prior to recommencement of concrete placement. As - indicated previously, sidewall stability should be maintained during excavation and construction efforts. Due to the proximity of .-the existing building foundation to the, proposed monopole and the loose soils, temporary casing + should: be used along with _ dri111 ng slurry.- The minimum outside diameter 'of the casing - 7 - TECTONIC ' ENGINEERING CONSULTANTS P.C. should be equal to the normal outside diameter of the drilled foundations, Lazing may ue removed at the option of the contractor. However, contract bid documents shall specify that no additional: payment be made for casing left in place. Casing shall be withdrawn only as the shaft is ,filled with concrete. Adequate head . of concrete shall be maintained to balance outside soil, . and water. pressure above the bottom of the casing at all times . during,.;;,,withdrawal . Casing shall be withdrawn while concrete is still fluid and plastic and before initial set. Upward movement shall not exceed 6 inches per 20 feet of .*shaft length. If the casing is left in place, the void between the casing and . shaft excavation shall be filled with concrete or fluid grout by means of grout pipe and pump pressure as required. All spoil associated with caisson construction should be disposed of offsite or at a suitable onsite location as designated by the Owner. 8.0 LIMITATIONS Our professional services have been performed using that degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical engineers and geologists practicing in this or similar situations. . The interpretation of the field data is based on. good judgement ' and experience. However, no matter; how qualified the geotechnical -engineer or detailed the investigation, subsurface - 8 - TECTC3NIC ENGINEERING,CONSULTANTS P.C. conditions cannot always be predicted between the points of actual sampling and testing. No other warranty, expressed or implied, is made as to the professional advice included in this report. This report has been prepared for the exclusive use of Juengert Grutzmacher Associates for the specific application to the proposed Metro One Facility located at Mattituck, Long Island, New York. In the event that any changes in nature, design or location of proposed building and/or site facilities are planned, the conclusions and recommendations contained in this report shall not be considered valid unless the changes are reviewed and conclusions modified or verified in writing by ' Tectonic Engineering Consultants P.C. It is recommended that Tectonic Engineering be retained to provide construction monitoring and inspection services to ensure proper implementation of recommendations contained herein, which would otherwise limit our professional liability. - 9 - FIGURES M yp CUTCMOGUE STA. `tea SI �\ EAST MATTITUCK 1952 `f c w� CU C- O E IT L 25 GV� w 6 cl rro ° A = NORTH FORK i a` • • COUNTRY 2 WATTITU K d� u - - -- - - CLUB AIRPORT �" � j•. '•�''-,.' J too 11larratooka P NEW'SUFF `i fd 1. ,..• - � r i !'.T. N�S+!t Sar�ZYlCi r w&3 TS'�t6 1�•fi�. - � TECTONIC . I ENGINEERING CONSULTANTS P.C. P.O. Box 447. 600 Route 32 Highland Mille. N.Y. (914) 926-6E31 SITE. LOCATION MAP. Metro One Mattituck Long Island, New York • App°wd for Canbuobal Dab wars prdw. 21391 2/ 55.228.1.3 Figure 1 0 N.T.S. U.P. U.P. Q I i� CCESS I p � ROAD x 01 'rE Y IG 1 STORY � FRAME BARN m 1 STORY BUILDING MONOPOLE MK-1 �,,c m /� TECTONIC I ENGINEERING CONSULTANT'S P.C. PO. Box 447. eOO Route 32 Highland Mllle. N.Y. (914) 92e—e331 BORING LOCAMON PLAN Metro One Mattituck .. Long island, New York .. Agrw.d for CwAlnidurn. Dd. .lull Ord. crawro Rr. Iw 21391 Soul. 55.228.1.3 Figure 2 0 N.T.S. APPENDIX I IO APRlu 1 .. .. YNCYONIC ENGINEERING CONSULTANTS P.C. I 1 paeec 14 � l BORING No.. MK-1 (Monopole) PROJECT Metro One — Mattituck, Long Island, New York d5 DATE TIME DEPTH CASING, SHEET NO.: 1 OF 2 OWNER Metro One �3 — 25* — PROJECT NO.:755.228.1. CONTRACTOR Soil Testing, Inc. — — — — ELEVATION: .10, METHOD OF ADVANC. BORING DEPTH CSG. SAMP. . CORE TUBE DATUM: NSGD POWER AUGER 0 . TO 42' TYPE HSA S.S. — — DATE START: 1/28/91 HAND CHOP. W/MUD: W/WATER TO DUL 2 1/4'ID 2" OD — — DATE FINISH: 1/28/91 ROT. DRILL: W/MUD: W/WATER TO WE — 140# — — DRILLER: S. O'Brien DIAMOND CORE TO FALL — 30 — INSPECTOR: D. Hasbrouck SAMPLES z z RECOV. _j Pa a, m DESCRIPTION �Ia- REMARKS Z U 4 8' Topsoil 1 9 4 S-1 16 SP M Light brown m—f SAND 5 2 3 4 5 5 4 6 6 3 S-2 14 SP D Tan c—m—f SAND, trace f. Gravel, 3 trace Silt 7 8 9 10 3 10 5 2 S-3 13 SP D Tan c=m—f SAND, trace f. Gravel, 11 3 trace Silt 3 12 13 14 15 5 15 16 13 6 S-4 14 SP D Tan c—m—f SAND, trace(+) f. Gravel, 7 trace(—) Silt 17 6 18 19 20 3 20 21 12 5 S-5 15 SP D Tan c—m—f SAND, trace f. Gravel, 7 trace Silt 22 23 Ground Water Table 24 25 25.. * ELAPSED TIME FOR.STATIC LEADING ** CHANGES IN STRATA ARE INFERRED ® I -rmc-romic ENGINEERING CONSULTANTS P.C. pgofi�`JR'I �°`�f Ills-eW, BORING No. MK=1 ,; (Monopole) PROJECT Metro One — Mattituck Long Island New York SHEET NO.: 2 OF 2 OWNER Metro One PROJECT NO-755.228.1.3 SAMPLES _z jRECOV. O �n a m m DESCRIPTION. to F' REMARKS ao�o Z Z C� 2 25 4 2 S-6 12 SP W Tan c—m—f SAND, trace f. Gravel, 25 2 trace Silt 26 27 28 29 30 30 Difficulty getting the rod 6 all the way down. 31 14 8 S-7 17 SP W Ton c—m—f SAND, trace f. Gravel, Possible running sands. 6 trace Silt excessIf of bsery datthe top of rod 2- the casing. 33 34 35 35 12 36 29 14 S-8 26 SP W Tan c—m—f SAND, trace f. Gravel, trace Silt 37 38 39 40 40 22 41 70 32 S-9 17 SP W Tan c—m—f SAND, trace f. Gravel, 38 trace Silt 42 43 End of Boring 0 42' 44 45 45 46 47 48 49 50 _ 50 51 52 • ELAPSED TIME FOR STATIC READINGS CHANGES IN STRATA ARE INFERRED APPENDIX II e • , A . 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The caisson drilling contractor shall be responsible for performing the construction according to the plans and , specifications contained herein. Any deviations from the plans and specifications must be approved by the geotechnical engineer. The . caisson drilling contractor sha11 also be responsible for maintaining job safety during construction of drilled shafts and related operations. 2. Contractor shall conform with all OSHA requirements regarding excavation safety for personnel working in confined spaces. 3. Contractor shall provide all services as described herein to install straight shaft caissons to depths necessary to achieve the specified bearing capacity. Anticipated penetration depths indicated on the plans are approximate only and shall be adjusted as dictated by actual subsurface conditions encountered and as approved by the Geotechnical Engineer: 4. The Contractor shall: A. Furnish all labor supervision, tools equipment and material to excavate and install caissons to required dimensions. B. Furnish install and remove all temporary casing as required to complete construction of the caisson and furnish all lightweight drilling slurry as required to stabilize caisson excavations to required bearing depth. C. Furnish all labor and equipment to control and dispose of surface water as required. D. Furnish all labor tools and equipment required to dewater cassion excavations. E. Furnish reinforcing steel and provide all material, labor, tools, and equipment required to fabricate and install rebar cages to depths indicated on the plans. F. Furnish concrete and provide all labor tools and equipment required to place concrete by tremie methods. G. Furnish equipment and labor necessary for bottom cleanout of aisson excavations. H. Furnish a water supply as required for drilling operations. I._ Furnish all labor and equipment necessary to dispose of drilling slurry and caisson spoil material that is unacceptable for onsite use to an offsite disposal area. _ f - 2 - 5. Caissons shall be excavated with the use of drilling slurry to stabilize the excavation. Temporary casing may be required if sidewall stability cannot be maintained with drilling slurry. . 6. Temporary casing, when employed, should be of an ample strength to withstand handling stresses and external pressures of the caving soil and/or fluid and shall be water tight. When necessary, the contractor should prepare the bottom of the casing with cutting teeth to facilitate sealing. The casing shall be smooth and its interior clean. The outside diameter of the casing shall not be less than the specified diameter of the drilled shaft, the length of casing shall be sufficient to provide adequate protection and safety against any caving soil and water. Temporary casing shall not be left in place without the permission of the engineer. No additional payment shall be made for casing left in place. 7. The slurry shall be maintained a minimum of 10 feet above the groundwater level in the caisson excavation. Drilling slurry may be reused provided it is processed to remove granular material left in suspension. 8. Caissons shall be advanced to minimum depths as indicated on the drawings. The bearing stratum shall be explored at the discretion of the geotechnical engineer with a probe as necessary to confirm that suitable bearing has been achieved. If test results indicate that the stratum is not capable of providing the specified bearing the depth of the caisson shall be extended as directed by the geotechnical engineer. 9. If obstructions such as boulders, stump, concrete, ledgerock, etc. are encountered which will not permit excavation of caissons to the specified depth, the obstructions shall be removed by the caisson drilling contractor and a new caisson shall be excavated in the same location. Payment for removal of obstructions shall be made by cubic foot of material removed. 10. The caisson drilling contractor should provide suitable lighting and safe access to the surface area of shaft excavations for proper inspection of the completed excavation as required by the engineer. The access should allow the location, dimensions, and alignment of the excavation to be checked. Both construction and inspection should be performed without the need for personnel to enter the excavation. 11. The excavation for a drilled shaft should be made so that the axis of the shaft at the ;top of the shaft is no more than 1/24th of the shaft diameter or 3 in. from its plan location, whichever is, less. The drilled shaft shall be -within 2 percent of plumb for the total length of the shaft, with plumbness measured from the as-constructed position of the top of the excavation, provided the excavation meets the tolerance specified in the- first sentence. The top elevation of the shaft should = be no more than 1 inch above or belbw the top elevation indicated on the - 3 - drawings. The diameter of the stem of the drilled shaft should be no less than the plan dimension. The bottom of the caisson sha11 not slope more than one half . inch foot. The engineer shall provide redesign as required . due to . drilled shafts which do not meet the above requirements. A71 . corrective measures, including the cost of the engineer's redesign shall., be at the caisson drilling contractor's expense. 12. The bottom of excavation shall be maintained clean of all loose and disturbed material prior to concrete placement. Each caisson will be visually inspected from the ground surface immediately before placing concrete. 13. Reinforcing steel shall be deformed bars conforming to ASTM A615-GR 60, "Deformed and Plain Billet Steel Bars for Concrete Reinforcement" latest edition. Longitudinal and transverse reinforcing steel for cages shall be of the sizes indicated on the plans. 14. Centering devices shall be provided for all rebar cages to maintain the location of the cages within the tolerances indicated on the plan and ensure adequate cover of the cages with concrete. Reinforcing steel pieces may be used as centering devices provided they are epoxy coated. Alternatively, a precast concrete roller tied into the reinforcing cage and aligned to roll parallel to the long axis of the rebar cage can be used. 15. Catc shall be taken during lifting and handling of rebar cages to prevent damage and/or distortion to the cage during installation. Cages shall be strengthed if required to prevent damage from occurring Cage that are to long to handle in one section can be assembled in multiple sections and spliced together in accordance with ACI requirements. 16. Rebar cages shall be fastened within the caisson hole to prevent lateral and vertical movement during placement of concrete. A minimum of 3 inches of cover shall be maintained between the rebar cage and the sidewall of the caisson. 17. For caissons where temporary casing is used, casing shall be withdrawn in a slow uniform manner to prevent movement of the rebar cage. 18. Welding may be employed oNer the lower portion of the rebar cage for attaching stirrup reinforcement, bands, or lateral reinforcement. The applicable provisions of the American Welding Society must be followed. Welding may not be employed in the top portion of. the rebar cage unless a weldable steel is employed. 19. Concrete for caissons shall conform to the requirements of the ACI 336.1. Concrete shall ,have a minimum compressive strength of 4000 psi at 28 days. _ 4 - 20. Concrete shall be placed by the tremie method and the tremie pipe shall be placed at the bottom of the excavation. Concrete shall be pumped in one continuous operation starting from the bottom of the excavation and proceeding upward to the top, to ensure displacement of water, slurs, and other free material within the excavation. Concrete placed by this method shall have a slump of between 4 and 7 inches. The use of super plasticizers will not be allowed. 21. All concrete placement shall bec;n as soon as post-'` '-- after the caisson excavation has been completed. Uncased caisson excavations shall not be left open overnight. Concrete shall be placed in one continuous operation •for each caisson. Tops of caissons shall be bush hammered or green cut to provide a roughened surface. File 119 Or NEW YORK ' f ST1►T ESVx� OMMI SSION pt39I,IC S J,t a Session of the Public Service . on held in the City 84 Co i.ssi January 1 t �► Alb anY on Cr- "' �• h COMMISSIOUE is C P SV*t47 S • p=ul L. Oio ? an Harcld , A. Jerry, Jr. qpR 9 Anne F. MSadpool.er $� Rosemary s - petition for a Certificate CASE 2$693 - Cellular Telephone Company to construct and of . Fublic Convenience and Necessity Area. 1jular radio telecommunicticaj sgrvica in the operate a ca .].tap Static Vew York Standard Metrapo \POU RDER I88IIING CERTIFICATE OP • SLIC CONVEN%ENCE AND 8 NECESSITY . (Issued April 181 19 5 petition filed November 21► 1983, Cellular Telephone EY Pe authority p ursuant to Seatfor, 99 of the public sought a Compa4nY (CTC) stem in the New York City Service .Law to operate s oellular radio sY Ar a. .The Petitioner had OPPlied to the V*deral Communications Commission for a construction perm it• a�ry 11, 195� ► we determined tb3t publ . At our session of sanu Qsaity z,�qufxs the construction of feCilitise hY convenience and z`sc nest but withheld tl Cellular Tel$phaae Company• we approved for r� , ;certificate receipt of FCC approval. On October 19" 1984, pending G1C ' 3 �H,a 3H0—C�-313N lJ.)d3 �� : _� 1 i 6 ; 0 [ FdHi u� FCC granted CTC germi$sion to operate its proposem system in the New York SKSA. A copy of the FCC construction permit was forwarded to ass on April 8, 1985. SeCau*Q of the extent of the plant to be constructed, CTC has requested a 12 month interval from the date of this order for filing of its tariffs. Accordingly it is: C E R T I F I E D that subject to the conditions hereinafter set forth in this order, and not otherwise, public convenience and necessity require that Cellular Telephone Company be authorized to construct and operate cellular telephone faciliti.er? which shall emit reliable radio signals within the contours defined by the directions. and distancaa set forth in Attachment I. Additionally, Cellular Telephone Company shall be authorized to and it is further • ORDERED: 1. That this order constitutes a Certi.ficMte of Public y Convenience and Necessity authorizing Cellular Telephone Company'to provide cellular radio telephone srevice in the New York Standard Metropolitan Statistical Area; 1. That appropriate tariff schedules should be filed with the. Commission within 12 months of this order provided that such schedules are filed 50 days prior to the commencement of service; 3. That the Certifi,.ate of public Convenience and Necessity set forth in this 'Order will be revoked without further notice if Callular Telephone Company fail$ to file its schedule of tariffs with the Commission within the prescribed period. 00 ' 3�JH,.j 3[JC,-0,�I13[J lalU33 ,3 I [F : 4_1 i NHi 3 -' {. That this Order is effective J=ediately, and 5. That this proceeding ja continued. By the Commission, (Signed) JO$N J. KELLIHER Secretary 4 ' V t-i_iCi ' 3.-ih,A 3N0-0'di I [..I j : 9 1 16 tIoC IWA IN SCALE Ps) 0 60 120 180 240 9S7E , PLAN LRTITUDE: SCRLE: I = 60' 4 O° 5 ATF0PkM. AND-ANT..MTG N O POL E MAhW.F�3CTU.RER. • R SECTO - - RX I.�_. .. ::N O T '.. iSPI.L.BEARINS._CAPAGITY MUST - I .. :BE DETERM114ED AND ENGINEERED t9 I W LT.H MONOPOLE_ FOUNDATION PI�tOR::TO=THE,,CQNIMENGEN7 TO --- j I f �. pFZO:P05ED too"FT NIGH - � . �� �. .�©•ice.°�.P�;.o+6_E' . ANT GAPALES ROUTED INSIDE .. , I j�Olp F1O-O LE -ANTI CABLES-lN.2-.�,"CONp, � I I I 7JND..EReROUND- TOEQUIPT PM. oPot_1✓-FOUNDATION _ SCRLE: NONE t�_;1 Ql� n MOORE & MOORE EEE 0\,v I.P } Attorneys at Law r i ' y Clause Commons Suite 3 2 i Main Road P.O. Box 23 Mattituck, New York 11952 �•'.�lp��y� �� Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary April 2, 1991 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application for Special Exception Cellular Telephone Company d/b/a Metro One Dear Chairman Goehringer and Members of the Board: Enclosed please find the following in reference to the above application: 1. Long Environmental Assessment Form prepared by Carman-Dunne PC Consulting Engineers which includes a visual EAF addendum 2. Copy of lease between Metro One and Baxter 3. The exhibit described as "Attachment I" in the New York State Public Service Commission Certificate of Public Convenience and Necessity for Metro One (the certificate previously provided dated April 18, 1985 is the current certificate) 4. United States Federal Aviation Administration determination regarding the proposed structure 5. Geotechnical Investigation prepared by Tectonic Engineering Consultants P.C. 6. Letter dated July 10,1990 from AT&T to Diane Amedeo of Metro One regarding electromagnetic energy associated with cellular radio installation. If there is any additional information which you desire,please do not hesitate to call our office and we will attempt to provide same in advance of the April 30th public hearing. Willi . s, WDM/mr ore t \ 1 •3 1 14-16-2 (2187)-7c 617.21 SEOR Appendix A State Environmental Duality Review z' FULL ENVIRONMENTAL ASSESSMENT FORM i i Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant.The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or.no formal,knowledge of the environment or may be technically expert in environmental analysis. In addition,many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination t process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: # ' Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the z impact is actually important. DETERMINATION OF SIGNIFICANCE—Ty pe 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ) art 1 j� Part 2 ❑P rt 3 Appendix B — Visual EAF Addendum Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration•will be prepared.' = C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Communications Antenna Installation, Site 228.1 .3, Northwest corner of , •. . Route 25 and Elijahs Lane, East Mattituck, New York. Z Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Off icer / 1 � VVV Signature of Responsible Officer in Lead Agency Signature of Pre arer(If different from res onsible officer) Richard H. Schroeder Jr. , P. : #042782 h_ Carman—Dunne, P.C. Date^ 1 I � PART 1—PROJECT INFORMATION Prepared by Project Sponsor r NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect C on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. NAME OF ACTION Communications Antenna Installation Site 228. 1 .3 LOCATION OF ACTION(include Street Address,Municipality and County) NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Cellular Telephone Company dba Metro-One (201) 587-7857 ADDRESS i 265 West Passaic Street )` CITY/PO STATE ZIP CODE Rochelle Park NJ 07662 NAME OF OWNER(If different) BUSINESS TELEPHONE I.L-i n7 ( 20-3) 6 3 7- ,4 S ADDRESS 1030 F. PJ)AI4M 90F. CITYIPO STATE ZIP CODE - GIfeE,\/w I c G C'dsa/iil1 0GB�a I DESCRIPTION OF ACTION 1' I 1Installation of 100 foot high monopole communications antenna Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial INCommercial ❑Residential(suburban) ❑Rural (non-farm) " ❑Forest ❑Agriculture. ❑Other _ 2. Total acreage of project area: 1 .85 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Nor,-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres t .Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres j Water Surface Area acres acres 11 Unvegetated (Rock, earth or fill) acres. acres Roads, buildings and other paved surfaces 0-28 acres n-'�'l acres Other (Indicate type) Overaround yard area 1 .57 acres 1 -52 acres / 3. What is predominant soil type(s) on project site? Sand& Gravel / a. Soil drainage: tWell drained 100 % of site ❑Moderately well drained % of site ❑_Poorly drained % of site b. If any agricultural land is involvgd, how many acres of soil are classified within soil group 1 through-4 of the NYS Land Classification Systems _N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes ®No a. What is depth'to bedrock? 42'+ (in feet) 2 ! I • 1 i 5. Approximate percentage of proposed project site with slopes: ❑0-10% 100 % 1110-15% % 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes 1XNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes NNo • . B. What is the depth of the water table? 23 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? I2Yes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes . NNo c.. 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes MNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) CYes [RNo Describe 13: Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes ®No If yes, explain i 14. Does the present site include scenic views known to be important to the community? ❑Yes (INo 15. Streams within or contiguous to project area: none a. Name of Stream and name of.River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name none b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? OYes ONo b) If Yes, will improvements be necessary to allow connection? CYes ' ®No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? CYes 3No ' 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes I2;No } 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes NNo t B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) ~, a. Total contiguous acreage owned or controlled by project sponsor 1 •85 acres. j b. Project acreage to be developed: 05 -— acres initially; -or) acres ultimately. c. Project acreage to remain undeveloped 1 .52 acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed NSA %; f. Number of off-street parking spaces existing 0 proposed 2' g. Maximum vehicular trips generated per hour N/A (upon completion of project)? (unmanned site) ' h. If residential: Number and type of housing units: N/A I/ One Family Two Family Multiple Family Condominium Initially — Ultimately ' 3'+ diameter.at i. Dimensions (in reet) of largest proposed structure 100 height; width; length. _ ' j. Linear feet of frontage along a public thoroughfare project will occupy is? * ft. base 3 *The affected property has 197.5 ft. frontage on Elijah's Lane. The monopole will be set back approximately 200 feet from Elijah's Lane. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 8 tl"cubic yards 3. Will disturbed areas be reclaimed? OYes ONo ®N/A a. If yes, for what intend... purpose is the site being reclaimed? . b. Will topsoil be stockpiled for reclamation? OYes ONo N/A C. Will upper subsoil be stockpiled for reclamation? OYes ONo N/A 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? none acres 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes ERNo 6. If single phase project: Anticipated period of construction 2 months, (including demolition). 7. If multi-phased; N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONo 8. Will blasting occur during construction? ❑Yes C3No 9. Number of jobs generated: during construction N/A ; after project is complete N/A 10. Number of jobs eliminated by this project none 11. Will project require relocation of any projects or facilities? OYes ®No If yes, explain 12. Is surface liquid waste disposal involved? OYes ®No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑Yes ®No Type 1'4. Will surface area of an existing water body increase or decrease by proposal? ❑Yes MNo C I Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes ®No 16. Will the project generate solid waste? ❑Yes ®No ,r a. If yes, what is the amount per month tons l b. If yes, will an existing solid waste facility be used? OYes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ❑No e. If Yes, explain tea► `4 17. Will the project involve the disposal of solid waste? OYes MNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes ®No 19. Will project routinely produce odors (more than one hour per day)? OYes RNo 20. Will project produce operating noise exceeding the local.ambient noise levels? OYes ONo 24. Will project result in an increase in energy use?' MYes ONo If yes , indicate type(s) Electric 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? OYes ®No If Yes, explain 4 1 a 25. Approvals Required: Submittal Type Date City, Town. Village Board ❑Yes ®No City, Town, Village Planning Beard ZYes ❑No Site Plan Approval 2/22/91 1 City, Town Zoning Board Yes ❑No S�c-i al FxcMtion Use 2/22/91 City, County Health Department []Yes ®No 1 Other Local Agencies ❑Yes ®No y Other Regional Agencies []Yes ZNo State Agencies ❑Yes ®No i Federal Agencies ❑Yes ®No C. Zoning and Planning Information • 1 . Does proposed action involve a planning or zoning decision? -®Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision ®site plan 3-f ❑new/revision of master plan ❑resource management plan (other Special exception 2. What is the zoning classification(s)of the site? Limited Business 1 ; 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N/A 4. What is the proposed zoning of the site? Same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Same 6. Is the.proposed action consistent with the recommended uses in adopted local land use plans? []Yes ❑No N/A ti7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? Limited Business, Residential & Agricultural Conservation. ✓t 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? LfYes ❑No z 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts?. []Yes ®No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes ' [SNo a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes RNo 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes !No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse 1 , impacts associated with your proposal, please.discuss such impacts and the measures which you propose to mitigate or / avoid them- / ' E. Verification V I certify that the information provided above is true to the best of my knowledge. Applicant/Sp or Name Cellular Telephone Co. dba Metro-One Date 3. Zf- % ! Signature T tle Vice President, Carman-Dunne, P.C. Richard H. c roe er Jr. , P"��42-70 ' If the action is in the Coastal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 . Part 2—PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be-guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally.applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and f have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each question. l • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the 1 impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1. Will the proposed action result in a physical change to the project site? 13NO CZYES Examples that would apply to column 2 ` • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ []Yes ❑No foot of length), or where the general slopes in the project area exceed 10%. i • Construction on land where the.depth to the water table is less than ❑ ❑ ❑Yes []No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes El No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes ❑No / • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts 100 foot high monopole antenna ® ❑ El Yes ❑No 2. Will there be an effect V. ..may un-.que or unusual land forms found on the site?(i.e., cliffs,dunes, geological formations, etc.)®NO ❑YES ) • Specific land forms: ❑ ❑ ❑Yes ❑No 6 1 2 3 IMPACT ON WATER Small to Potential Can Impact Be --� 3. Will proposed action affect any water body designated as protected? Moderate Large Mitigated By Impact Impact Project Change (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) .i MNO OYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ []Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 4. Will proposed action affect any non-protected existing or new body • of water? ERNO OYES y Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes El No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? 13NO OYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes El No • Proposed Action requires use of a source of water that does not ❑ J ❑Yes CNo have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water C ❑ El Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ C CYes !=.'tio • Liquid effluent will be conveN eo off the site to facilities wh::h presently ❑ E!, `1 es L.No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑.Yes _No day. • Proposed Action will likel- siltation or other discharge into an J ❑ rYes LNo j � existing body of watc., tr,ir <<:::t that there will be an obvious visual I contrast to naturai conditions. • Proposed Action will require the storage of petroieum or chemical r^, C Yes o products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ iJ ❑Yes ❑No } and/or sewer services. • Proposed Action locat:s comneercial and/or industrial uses which may ❑ C ❑Yes require new or expansion of existing waste treatment and/or storage ` facilities. -- _ Ir • Other impacts: ❑ ❑ CYes "No 1 6. Will proposed action aiter drainage fl,:w or patterns, or surface water runoff? LINO EYES Exz..nples that would apply to column 2 + • Propr:.rd Action would change flood water flows. ❑ ❑Yes 'No 1 2 3. Small to Potential Can Impact Be II Moderate Large Mitigated By t Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes []No j • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 1 IMPACT ON AIR 7. Will proposed action affect air quality? 13NO ❑YES I Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes '❑No hour. Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. t • Proposed action will allow an increase in the amount of land committed ❑ ❑ []Yes ❑No to industrial use. f • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ONO I` development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND.ANIMALS 8. Will Proposed Action affect any threatened or endangered C 1 species? ISNO ❑YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes ❑No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? (ENO OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ []Yes []No: of mature forest (over 100 years of age) or other locally important ,- vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? IRNO OYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No I land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change J • Construction activity would excavate or compact the soil profile of ❑ ❑ Dyes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑No .ti IMPACT ON AESTHETIC RESOURCES a 11 . Will proposed action affect aesthetic resources? ONO ®YES i" (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 ? Proposed land uses, or project components obviously different from ❑ ❑ Dyes ❑No a or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ® ❑ ❑Yes M,No aesthetic resources which will eliminate or significantly reduce their C enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑Yes 3No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No 1 � { IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? (ENO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ []Yes []No contiguous to any facility or site listed on the State or National Register �. of historic places. _ • Any impact to an archaeological site or fossil bed located within the ❑ ❑ _ e: ❑" project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 29NO DYES • The permanent foreclosure of a future.recreational opportunity. ❑ ❑ ❑Yes• ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 9 IMPACT ON TRANSPORTATION 1 2 3 Small to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ®NO DYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes []No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO I9YES Examples that would apply to column 2 • Proposed.Action will cause a greater than 5% increase in the use of ® ❑ ❑Yes MNo any form of energy in the municipality. -• Proposed Action will require the creation or extension of an energy ® ❑ ❑Yes ®No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ONo NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? IRNO [DYES r Examples that would apply to column 2 Ir • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes []No facility. / • Odors will occur routinely (more than one hour per day). ❑ ❑ [I Yes ❑No (\ • Proposed Action will produce operating noise exceeding the local ❑ ❑ ❑Yes El No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ []Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No _ IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? -o ONO DYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ []Yes []No substances(i.e.oil, pesticides,chemicals. radiation, etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" in any ❑ ❑ []Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, ' infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑- ❑ ❑.Yes ❑NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 i1 • � S ' f IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change t ®NO OYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. ? • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes El No `` will increase by more than 5% per year as a result of this project. . • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes ❑No i • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes El No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) 0 Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes ❑No .; • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes []No - • Other impacts: ❑ ❑ []Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? IRNO OYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 t Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. . Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value / • Whether the impact can or will be controlled ,V/ • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments)- t 11 14.14.11 e7)-9c 617.21 J SEQR� Appendix B APR 2 Sale Environmental Quality Review , ~ f�9� t Visual EAF Addendunn-----_.___` f This form may be used to provide additional information relating to Question 11 of Part 2 of i the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/a-1/z 1/2-3 3.5 5+ �- i • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑N/AI to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? :j • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ ❑N/A -• I observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑N/A Registers of Historic Places? c • State Parks? ❑ ❑ ❑ ❑ C1 N/A • The State Forest Preserve? ❑ ❑ ❑ ❑ N/A • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ Q N/A _ ! • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ N/A jnatural features? • National Park Service lands? ❑ ❑ ❑ .❑ ❑ N/A _ i • Rivers designated as National or State Wild, Scenic ❑ ❑ 0 ❑ El.N/A or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ 'Cl ❑ ElN/A as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ Q N/A or inter-county foot trail, or one formally proposed for j establishment or designation? i • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑-N/A 1 scenic? • Municipal park, or designated open space? ❑ ❑ 0 ❑ ❑ N/A • County road? ❑ ® ❑ ❑ El • State? ® ❑ ❑ ❑ ❑ i i Local road? ® ❑ ❑ ❑ i 2. Is the visibility of the project seasonal?(i.e., screened by summer foliage, but visible during other seasons) ❑Yes 12No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? r Yes ❑No t , IV DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. C Within *1/4 mile *1 mile Essentially undeveloped N/A ❑ ❑ Forested N/A ❑ ❑ Agricultural ❑ r Suburban residential ® ❑ I Industrial N/A ❑ ❑ Commercial ® ❑ Urban N/A ❑ ❑ I River, Lake, Pond ❑ Cliffs, Overlooks N/A ❑ ❑ j Designated Open Space N/A ❑ ❑ L. Flat ® ❑ Hilly N/A ❑ ❑ Mountainous N/A ❑ ❑ Other NIA ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: '1h mile ❑Yes [E No 2�2- miles ®Yes No { '2 miles ❑Yes ®No '3 miles ❑Yes ®No ' Distance from project site are provided for assistance.Substitute other distances as appropriate. EXPOSURE i 6. The annual number of viewers likely to observe the proposed project is 1 ,500,000 NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ® ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ® ❑ Routine travel by residents ® ❑ ❑ ❑ At a residence ® ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ �✓ Other ❑ ❑ ❑ ❑ 1. 2 Ll a fa 1991 !� i LAND LEASE AGREEMENT THIS AGREEMENT made this day of 1991 , by and between GOBIL, a partnership having its office at 32495 Main Road, Cutchogue, New York 11935 (hereinafter referred to as "Landlord") and CELLULAR TELEPHONE COMPANY, a New York General Partnership, having an office at 87 West Passaic Street, Rochelle Park, New Jersey, 07662 . (hereinafter referred to as "Tenant" and "CTC") . WHEREAS, Landlord is the owner of certain property described in exhibit 1 annexed hereto, hereinafter called the demised premises, which demised premises are a part of Lot No. 2 on a certain map entitled, "Map of Alteration of Boundary Lines Proposed for William J. Baxter, Jr. , Patricia Baxter, Robert A. Goeller, .Jr. and Jane P.Goeller, at Mattituck, Town of Southold, Suffolk County, N.Y. " filed on May 15, 1990 in the office of the Clerk of Suffolk County as Map No. 8937, which said lot is also shown as District 1000, Section 108, Block 4, Lot 11. 3 on the Suffolk County Tax Map, which said lot is hereinafter called "Landlord' s premises" , and WHEREAS, CTC desires to use the premises for the j construction, installation, maintenance and operation of , radio transmitting and receiving equipment, and other i associated equipment in connection with';.'its cellular mobile telephone business; i NOW THEREFORE, in consideration' of all the i foregoing, and in further consideration : of , the premises, obligations, terms and conditions hereinafter set forth and recited, both parties do hereby agree as !'follows: : 1. ' . LEASE OF PREMISES: Landlord hereby leases to CTC that certain parcel of property .containing approximately 10, 000 square feet; being a part of District* 1000, ' Section 108, Block 4, Lot 11. 3 on the Suffolk County tax map, as / ' l 2 • ' described in Exhibit 11111 , (hereinafter referred to as "Leased Premises")., together with the nonexclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under or along a 20 F....i- jy�} ..f ..•-�- �::.'.__. ... --7 --ALL Z+4..+ �y..L. - of-way, Elijah' s Lane, to the demised premises, said Property and right-of-way for access being substantially as described herein in Exhibit 11211 and as shown enclosed within red lines on Exhibit 11211 attached hereto and made a part hereof. Tenant shall not obstruct the right of way in such a manner as to prevent access to the rear of landlord' s property. In the event any public utility is unable to use the aforementioned right-of-way, the Landlord hereby agrees to grant an additional right-of-way either to CTC or to the public utility at no cost to CTC. , 2 . RIGHT TO SURVEY: Landlord also hereby grants to CTC the right to survey said Property, and said survey shall then become Exhibit 11311 which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit 112". Cost for work shall be borne by CTC. 3. USE OF PREMISES: (a) The Leased Premises are to be used for the construction, installation, operation and maintenance of radio transmitting and receiving equipment along .with associated other electronic equipment which may be passive and/or active. CTC shall have .the right to construct a 100 foot monopole along with associated antennas, and to utilize existing 20 x 36 foot .'structure, fencing and any other accessories necessary to the successful and secure operation . of the above-mentioned radio equipment. All improvements shall be at the Tenant's expense. All equipment or other property attached to or otherwise brought onto the Leased r 3 Premises shall at all times be personal property and, at CTC's option, may be removed by CTC at any time during the term or within a reasonable time after expiration of this lease. The tower will be constructed for the exclusive use of CTC. (b) CTC shall have the right to use whatever nmen.rs i.1' Landlord recognizes that in order for CTC to install and operate its equipment, it will need the ability to run transmission lines from the equipment room to the antenna location, run power from the main feed to the equipment room, and run telephone lines from the main telephone entry point to the equipment room. Landlord agrees to allow CTC to make all reasonable and necessary alterations to the real property in order to accomplish the above. CTC shall have the right at any time during the term hereof, at its own expense to erect, construct or make any improvements, alterations or additions upon or to the Leased Premises required for CTC's use. (c) It is understood and agreed that CTC's ability to use the Property is contingent upon obtaining, after the execution date of this Agreement of all the certificates, permits and other approvals that may be required by any Federal, State or Local authorities, as well .as satisfactory soil boring tests which will permit CTC use of the property. as .set forth above. Landlord shall cooperate with CTC in its effort to obtain such ,approvals and shall take no action which, would adversely affect the status of the Property with respect to the proposed use thereof by CTC. as described herein upon delivery of landlords written. consent, not to be unreasonably withheld or delayed. 4 . ' MANAGEMENT OF SITE ENGINEERING: (a) Landlord agrees to eliminate, without cost to CTC, any radio interference to CTC's operation caused by Landlord or anyone holding under Landlord in a 4 • ' timely manner after oral notice thereof. If such radio interference cannot be eliminated within a reasonable length of time, after oral notice thereof, Landlord shall cease or shall require the party causing the radio interference except for short tests necessary for the elimination of the radio interference. transmission or reception equipment properly located on the premises owned by Landlord of which the Leased Premises forms a part. If CTC should cause such measurable interference, CTC shall eliminate it in a timely manner, after written notice. GTG shall net eaese }ion SA''lth i-+-5 US6 ' ? G (c ° I andlard`�a r is nod to- � ) g erect any structure within or on the premises owned by Landlord of which the Lease Premises forms a part that would interfere with CTC's operation of its equipment. 5. TERM: The initial term of this lease shall be for ten (10) years commencing on January 1, 1991 ("Commencement Date") and ending on December 31, 2000. As used herein, "term" refers to the initial term and any renewal term as herein provided. 6. RENT: (See Attached RIDER) 7. OPTION TO RENEW: (See Attached RIDER) 8 . LIABILITY: CTC shall carry during the term of this lease the following insurance protecting the Landlord's interest with the customary coverages and exclusions: Bodily Injury - $3100'01000. for all injuries sustained 'by more than one person in any one occurrence. Property Damage - $1, 000, 000. for damages as a result of any one accident. CTC shall furnish Landlord with a copy of the policies' and proof of payment. Such policies shalom provide that they shall not be cancelled without thirty (30) days notice to Landlord. 9 . CONDITION OF PREMISES : Upon termination or expiration of this lease, CTC shall surrender the Leased Premises to Landlord in good condition except (a) for causes beyond CTC' s control or without its fault or negligence, or (c) for both. 10. WARRANTY OF TITLE AND RIGHT TO LEASE: a. Landlord warrants that: (i) Landlord owns the Leased Premises in fee simple and has right of access thereto; Landlord has full right to make this Lease; and (ii) CTC shall have quiet and peaceful possession of the Leased Premises during the term. Landlord is prepared to document its interests in the premises. b. Landlord warrants that the making of this lease and the performance thereof will not violate any restrictive covenants, or the provisions of any mortgage, lease, or other agreements under which the landlord is bound and which restricts the landlord in any way with respect to the use and disposition of the premises. 11. ACCESS: Landlord agrees that, from the date of execution of this lease, it shall obtain CTC' s consent before granting any other party any rights, or further right of access to the Leased Premises. CTC agrees not to unreasonably withhold or delay such consent. Leased premises means the premises leased: to tenant under this lease. 12 . CTC's RIGHT TO MAINTAIN SECURITY: CTC, at its cost and expense, may place, construct and maintain a fence around„ any equipment structure housing CTC equipment:, or undertake any other appropriate means to restrict access thereto. 13 . MAINTENANCE AND REPAIRS • UTILITIES: CTC shall perform all repairs necessary to keep its improvements 6 on the premises and easements or other access to the premises in good and tenantable condition. CTC, at its sole expense, shall arrange for a separately metered electrical supply and shall pay for all charges for electricity and other utilities consumed by CTC. 14 . TENANT'S DEFAULT AND RIGHT TO CURE: Each of !jy CTC ai1id Ci ✓mac,:...�..a of this lease: (a) Non-payment of rent, including any adjustments in rental amount as required hereunder, due hereunder for a period of thirty (30) days after receipt of notice of such failure from Landlord. (b) Failure to perform any other covenant for a period of forty-five' '(45).. days after receipt of such notice from Landlord specifying the failure. No such failure, however, shall be deemed to exist if CTC shall have commenced good faith effort to rectify the same within such forty-five (45) day period and provided .such efforts shall be prosecuted to completion with reasonable diligence. Delay in rectifying the same shall be excused if due to causes beyond the reasonable control of CTC. (c) Any vacating or abandonment of the premises by CTC for more than three (3) consecutive months unless ordered to do so by duly authorized legal authority or other cause beyond CTC' s reasonable control. 15. ASSIGNMENT: Landlord may assign this lease and said assignee will be responsible .to CTC for the performance of all . the terms and conditions of this lease. Landlord agrees that CTC may assign all rights, benefits, duties and obligations under this Agreement to any corporation, firm or person licensed by .governmental agencies to operate. a cellular mobile telephone system or to any corporation or other business entity which shall acquire substantially all of the assets of CTC, by giving Landlord written notice. If such assignment is made, CTC shall be relieved of all future liabilities hereunder and Landlord shall look solely to such assignee for the performance of this agreement after assignment. 16 . NOTICES : Unless otherwise provided herein, any notice of demand required or permitted to be given hereunder shall be given in writing by certified or registered mail, return receipt requested, in a sealed nr..i+� ....... L.. .epaia, _. .. ..�v vaa a.alu :7CVU11U lldy following mailing, addressed as follows: If to Landlord: Gobil P.O. Box 802 Cutchogue, New York 11935 If to Tenant: CELLULAR TELEPHONE COMPANY 87 West Passaic Street Rochelle Park, NJ 07662 Attn: Vice-President, Engineering & Operations With copy to: Kearns & Coyle 3640 Valley Road Liberty Corner, NJ 07938 Either party hereto may change the place for the giving notice to it by like written notice to the other. 17 . SEVERABILITY: If any provision of this lease shall be held to be invalid, illegal or unenforceable, the remaining provisions shall be binding upon the parties and shall be enforceable as though said invalid, illegal, or unenforceable provision were not contained herein, provided, however, that if the invalid, illegal or unenforceable provision goes to the heart dt' this lease, the lease may be terminated, by either party on ten (10) days prior written notice to the other party hereto. 18. AMENDMENT: WAIVER: No revision of this lease shall be valid unless made in writing and signed by the General Manager or higher authority of CTC and an authorized agent of the Landlord. No provision may be waived except in writing signed by both parties. 8 19. BIND AND BENEFIT: All' the conditions and covenants contained in this lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and permitted assigns of the parties hereto. 20. ENTIRE AGREEMENT: This lease and the exhibits and rider attached hereto constitute the entire �n�nntnnn� of th- prior offers, negotiations and agreements. 21. See attached rider for additional provisions. IN WITNESS WHEREOF, the parties have executed this lease the date and year first above written. 9 } RIDER TO LEASE Dated: 199p Between GOBIL, or landlord and CELLULAR TELEPHONE COMPANY, as tenant 1. TERMS OF RIDER TO PREVAIL In the event of conflict between the terms of this rider and those of the main portion of this lease, the terms of this rider shall prevail. 2 . REMOVAL OF STRUCTURES AT END OF LEASE The tenant shall remove all structures erected by it from the demised premises at the termination of the lease, at tenant's cost and expense. This paragraph shall apply regardless of reason for the termination of the lease. 3 . ROUTING OF UTILITY LINES All power, telephone and other utility lines for the structures to be erected by tenant on the demised premises are to be run directly from the street or road to tenant's structures, and under no circumstances 'shall such power, telephone or utility lines be routed through or connected with any of the landlord' s structures. 4. PERMITS . AND CERTIFICATES OF OCCUPANY Tenant shall obtain all permits and Certificates of Occupancy for tenant's structures at tenant's sole expense. Landlord will not be responsible for obtaining any subdivision approval from any. Federal, State, or municipal authorities. The responsibility for obtaining such approvals shall be the tenants. 5. TEST AND SOIL BORING All test or soil borings are to be made at tenant' s cost and expense. 6. INTERFERENCE / The term "radio interference to CTC's operation" I/ as used in paragraph 4a of the main portion of the lease YY 10 shall not be deemed to include use of electrically powered tools or machinery or electric welding equipment in landlord's premises. 7 • RENT Tenant shall pay rent to landlord. Rent shall be as follows: GTY,i I.f� T �n,1 1 will pay Landlord as rent hereunder monthly in advance, the sum of $2, 000. 00 commencing on the "Commencement Date" referred to herein and on the first day of each month thereafter. If the term commences on any day other than the first day of a calendar month, a pro rata fraction of a full month' s rental shall be paid for the partial month at the end of said term. The rental for the second year and each succeeding year during the term of the lease, including any renewal term thereof, shall be increased to the annual rental determined thereof by a formula as follows: New Annual Rent = (Basic 'Rent) + (IR-IL/IL x Basic Rent) Definitions: IR is the Consumer Price Index for the month immediately preceding the month in which rent is due to be increased. IL is the Consumer Price Index immediately preceding the month in which this Lease was signed, Basic rent is the annual rental for the year immediately preceding the month in which rent is due to be increased. "Consumer Price Index" shall mean the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor ,.for 'Urban Wage earners and Clerical Workers for All Items for the New York/Metropolitan area, or shall mean the successor thereto. In the event the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of the New Annual Rate shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if the Bureau should fail to publish the same, then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may- be published by Prentice Hall, Inc. , or any Ot ^�} ml y recognized p�•bl_. '...e .�•ir1?'?` � ..a � _s__... �vL ..i...�t....a� .��,.y�.lu1..1C.u1 information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other index as Landlord and CTC may agree upon shall be substituted for the Consumer Price Index, and if they are unable to agree, then such matter shall be submitted to arbitration. In no event shall the monthly rent be less than $2, 000.00. Notwithstanding the provisions of this paragraph 7, CTC may, at its option, pay rent quarterly in advance. 8 . REAL ESTATE TAX INCREASES Tenant shall pay to landlord in each year throughout the term of this lease, including renewals thereof, a. proportionate share of any increase in- real estate taxes or general or special assessments levied against landlord's premises over those levied against landlord's premises for the tax year 1990-91. The real estate taxes levied against landlord's premises for the tax year 1990-91 amount to $4, 029. 33 . The assessed valuation of landlord's premises for the tax year 1990-91 is the sum of $7,900. 00. The proportionate share of such increases in real estate taxes, general or special assessments to be paid by tenant Shall be in the same ratio that the portion of the assessed valuation of landlord's premises in each year which is attributed to the demised premises (which forms a part of landlord's premises) bears to the total assessed valuation of landlord's premises for the year in question. The ratio between that portion of the total assessed valuation of landlord's premises attributed to the demised premises and the total assessed valuation of landlord's premises, shall 12 be determined by reference to the assessment card and records of the Board of Assessors of the Town of Southold. Tenant's proportionate share of real estate tax or general or special assessment increases shall. be payable to landlord whether such increase is the result of increase in assessed valuation or increase in tax rate, or both. Each year i qr.i] nrri shall notif j� _.____�1.,.:"',. t:uLi:41a.�.�v.• WA. tenant's proportionate share of increase in real estate tax and/or general or special assessments and together with such notice shall furnish tenant with a copy of the tax bill, and the tax bill for the lease year 1990-1991, and a copy of the assessment cards for landlord's premises as described above. Tenant shall pay landlord for tenant's proportionate share of increase in real estate taxes or general or special assessments semiannually not late than ten (10) days before the taxing authorities delinquency date or ten (10) days after receipt of the tax bill, whichever shall be later. 9• OPTION TO RENEW Provided CTC is not in default, CTC shall have the option of renewing this lease for two (2) successive periods Of five (5) years each, upon the same terms and conditions which were in effect during the initial tern, except as to the rental rate which shall be as stated below for the option term: Option Term(s) Monthly Rent lst/2nd Annual C.P.I. increases and real estate tax increases as described above continue throughout the first and second option terms. CTC shall exercise its option by giving; Landlord written notice,-.of its intention to exercise its option to renew at least sixty (60) days prior to the expiration of the initial term hereof, and if said renewal is for the successive period, CTC shall give to Landlord a like written notice at least sixty (60) days prior to the expiration of the then . .. .:_._...... ,..., . _—`•.-'a4..•y�r.e: w,. : •. a.3• ^r. .'sT-''-'!"r +'rW�`iTM "�E.dti ia44.cn..r»:.'w:. 13 current period, of its intention to renew this lease for and during the next succeeding period. 10. HOLD HARMLESS Tenant shall indemnify and hold landlord harmless from any and all claims or suits for personal injury, wrongful death, or property damage arising out of tenant's 11. TENANT'S WARRANTY Tenant warrants to landlord that tenant's structures to be erected on the demised premises and tenant's use of the demised premises will not violate any Federal, State, or municipal laws, regulations or ordinances. 12. LEASE NOT TO BE RECORDED This lease shall not be recorded, nor shall any memorandum of this lease be recorded. 13. SIGNS Tenant shall not place or cause to be placed any sign of any kind, on, in, or about the demised premises without landlord's written consent. . 14. SUBORDINATION Upon written request by landlord, tenant shall execute and deliver an agreement subordinating the lease to any mortgage to be made on the demised premises. At Landlord's option, this Agreement shall be subordinate to any mortgage by Landlord which from time to time may encumber all or part of the Property or provided, however, every such mortgage shall recognize the validity of this Agreement in the event of a foreclosure of Landlord's interest and also CTC's right to remain in occupancy of and have access to the Property as long as•,CTC is not in default of this Agreement. . CT.0 shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property is encumbered by a mortgage, the Landlord immediately after this option is • _..,u......_.._..�...._._..._.,_,l'..:. ,;_L'._.Mlhx. .a{�.o �y?' �_Iv'.'.t'.•'y__-n a. .. ... „ '4..,Y:.:. ..$4Y.<.l'.. _;._____:.._-_—__ _ j _ — 4 14 exercised, will obtain and furnish to CTC, a non-disturbance instrument for each such mortgage in recordable form. 15. CONDEMNATION If the whole or any part of the demised premises shall be acquired or condemned by Eminent Domain for any public or quasi-public use or purposes, then in that event, 1 1 baal%,l date tenant shall be deprived of physical possession of the demised premises, and tenant shall have no claim against landlord for the value of any unexpired term of this lease or of any option to renew it, and tenant shall not be entitled to any part of any award. Except that the Tenant reserves the right to proceed against the condemning authority for its loss of use. 16. ATTORNEYS FEES CTC shall pay Landlord's reasonable attorneys fees in connection with any action or proceeding arising out of CTC's breach of any provision hereof, including but not limited to summary proceedings for possession or preliminary actions for amounts due hereunder. In any such action or proceeding the parties mutually waive trial by jury. V L ` ' r a IN WITNESS WHEREOF, the parties have executed this lease the date and year first above written. CELLULAR TELEPHONE COMPANY (LANDLORD) (TENANT) By: By: E. Lee aywork Title: ny3eaFat19 iye Title: President and Gener Manager Wit s• Witness: V n ' 01) i .. r,t.. ..•�....r.... .. _ ___—'_ ..r. �i.::3._ .. ...^:St. _...t.J?:tR .,::P tN..as.`'/..:�ti:.'..._ . :... :.�._., .r•,.. - :1; J •,.`.,Yil�,`+slit7q^i.c ti�:X:rtlyep.9d. .•o►. EN ` ax 9 _ ` p �o�met;y Go� ° �5o E: \ `� li FRg�iQffi BARN � sow 7 0 �pvr rr N, _ ` II �• ti I 1 GONG. up •�;• t. � -i>s>•°°4 1! / ray � p496 1 h t f o'1 \ ; Irv?• ASpHALt \ i O_ Z\ pOo pe•'I° 1 1` PARK`N G \ \1 / 1 1 oo 1p8 j cE59p0O06TEpREA 1 _ VIA 1 10 1 \AP`QCpTIDNI 11 LOCK BL _ _ 11 ?7•J6p0 9 01 i �25----- / i 69.74�-i '60.00 31.49' N.85030'40"W 91.49 N.85°3630"W 1 1 -_ OF PAVEMENT M ` Cellular ► 014hQne Company t� Reliable.,S�rv�.ce Area U ,. Lpc�ii� �18 l�aho�e►c #lA ms'hopac N. LBO. -� 41'22'4.016 Lon . 73'44'43" N. Lat. 41*221411 W. LQn 73044443'' --�-�-" 39' SV Ham _ BearingN 0 0 E 98 miles • • I3. M 4 . 50E $.9 900 9. 90' 10.2 135' 465 135' 7'3 11301, 4.2 Lao$ 4*3 225' 4.2 225° 6.5 . 270 3 .6 2700 10.6 315' 6.3 3154 10 . 7 )cation: 02 Mohegan Lake 0A Ka.tonah Tat. 41*16' 46" W. Lonvs 73.37'33" N. Lat. 41'17' SB" W. T,an . 51.'2$" N. 8 — aa� - ae� - DU N 0. $ 6. 2 Miles N of 7.5 miles ° �. 2 45" 4.4 45 90* 3.8 135' 9. 1 ISO,, 7.6 LBO' 9 .0 225' 5.4 225' 10.Z 770' 4.7 270*3136 7 .6 375' S.9 CL2 -1991 if i .518., 465 9313 PaGE . 0q7 MAR 22 '91 1s:26 200 ' 39Ud ":'3N0,-0.N13W. W0N3 9E :'i i T 6 . ZZ NtiW a , �,rac_ at_ons #4 o��inin$ �°�-i6nt 0.5 Siroaay Point 4l0� S7 W. An 13'sl'a2'' N. z.at. 41•i4'io" W. Lon • 73'5917.0" Lat. ' ' " . � earin Dearing- it . • 8,4 miles N 0' E 9*4 miles E 46• 13.4 4810 8.4 90• 8.4 90® 9o4 135' 8.4 135 $99 180' 8.8 1800 8.4 2230 9.4 225 8.4 2700 8.4 270� 8.4 3150 9.3 316 8.4 Location., 06 Spring Valley Location' 07 Elmsford vp N. Lat. 41608'35" W. Lon. 74.02' 38"Ta Later. 41* 3 0 26" W. Long- 73°49' 2.0 rSfS �3• •ariri - dBu - N 00 E 8.0 Miles N 0' E 5.3 milder 45' 13.4 49: 5.5 900 13.9 90. 5. 5 1350 1.3 .9 135 7 . 1 180' 13.9 180• 6.4 225• L2.0 225• 6.4 • 8.3 2.70' 319' 8.0 315' 6.8 MAR 22 ' 91 16� 26 ,8 465 9813 WAGE. ®86 600 • 39Ud ;'' �M07-Od1t3W ,WOd3 96 :1 I 16 , L.Z ddW Y t 4 i l Loc gr,: 08 Hatrisox► LoC�„�,ti0_: . 9 Yotik*Xg du 73°4211 .0" N Lat.`40 - . ' 15" ,.:''`W. LOn . 73.51 ' 31" g arxn 8U ssa�n 5l6 _.. i N 00 9 3 . 0 Miles N 00 m 9,9 mild 45° 2.5 45 .�;' 9.4 9d• 1-7 5Q� 1.2.0 135' 3. 3 135' 12.4 lao' �. ISO,, 11.q 225• 6.1 225' 270' 505 270' 3154 S. 5 3151 • :Y is .,'_', + j? 11 I NJ Location #11 Ramsey_.:NJ L©Cnti.c�n s #10 Harrington Paxk# ,., , N. at. 40'S8' 58" W. Long. 731198'44" N. Lat 43.•83' 26" W. L�sn . 74'ft'47" gads su 8ea ri 39 dEff N 0° E 8 ,4 miles N 00 E 8.4 mile* 45• 8. 5 451 of8.4 . 900 8.4 90• X1.2 135' 8.4 133• +` .12.a . 238° 9 .3 225• 8 4 270' 8.4 270' 8.4 315' 8.4 318•:;' C4 • 1Fi y t1 . is `t Y e. MAR 22 ' S1 i 6:27 b 0 0 ' 3 J d d ,,.;;,;�,;,• i "3N0-0�13W 'VON.- LE t I i 6 2 86W L I, #12 Pompton Fakes. NJ N. Lat. 40659,46" w. Lon . 74'l6 ' 51" N 0' 11.0 miles ,45• 9o' 1L.6 135" 13.0 1800 13.5 225' 11 .5 270* 8.0 s� » 7.7 LdO�n: #14 Fort LoO t NET ocat�.vrc: ,;#15 Secaucus, N� � . e Lon a. 73 9 58' 44" N. La . 40'46'45" SR. LOA 74'04' 50" N. Lat. 40 51 17 . Be Hair �..�..,,��. r 1 dBU B� N 0• 11.8 miles N 49'8 8.4 miles 450 10.9 . 9o• 12.1 90; 04 1359 12.6 135 8.4 • s.ISO,, 12.4 1804�, 8.4 225• 12.6 ZZb+ 8.4 270- 11.8 270 8•4 315• 12.0 3136 r 8.4 .•,; s 9313 PAGE.810 MAR 28 ' 91 18: 27 S00 ' 39Ucl 3N0 '0 13'.. W02I3 LE-.� I I: 16 , ZZ 8UW z . ,, 111lg? � y � pit �•, i ,1Q5 ti on: 016 orange, 40.50' 42" W• Lan 74914' 36" l N of E il•4 miles 45• '12.6 14 90 13.7 1.3 S' 13.8 18Q' 225' 11. 1 270' t2.7 315° 1$.0 I � #26 9taten,,1Xm1&n4 c ions;;;:#27 CQne �Tml,and r " o " 40' 6' 38'r . " N. Le,t 406324 7 W. Lon 74 9 35 iV. Lat. ,;;;,,: ,. . ;'C� 1 73 S�J 24 Saar n 3 •� n r U N 0• E 9.3 Mile$ N 0' E _ 8.4 .Ales r451 9.3 � 45' 135• 8.2 '; 136''I 4•d 184` 5.4 18a' ' slid 225• 4.9 225• ;. , 0.6 270• 5.0 274'. . 9.4 7 ,8 315 804 ( o 14 MAR 22 'St is: z@ ;; 519 45' 9s13 �PAGS. 011 ,, } 900 ' 39Ud ,'3N0 O'd 3W t4J0�13 88 r,'i I' I6:,- zZ NHW �,op on: 29 nrookly,n Lovatio � #a8 Jersey city, Na . - H. Lat. 4p*41 'd9" W. Lori 73'�i9' 36u M. Lak.40'43 ' ].A" W. Lon a. 74402' 24�" H+r— .39..�.0 rarxa B:4 miles 0. 8.9 mitre �46• 9p3 45• `� `0 ga•. a.4 cia• 8.9 i35' 9.3 9.11351, $.9 IAQ. 969 2250 8.4 2256 9.5 270' 9.2 313' 30 Manhattan Loosti.QYSt #31 North Bergen► NJ x,oer do — N rt. 40'48' 1��� on 73 59'+45„ �}O.4a' Z3" W. Ld!'! 73'S9 x3" • N�tat Aea rt �. .i 9.2 miles N 0' n • �.0.9 MiLor 10.5 45.E 3,0.6 40' 901, 10 .1 135• 10.9 135' 10.3 ISO* 11 .6 1901, 10.1 22V 11.3 225• 10.9 270• 11 .3 270• 10.4 3150 11 . 1 315• 10 .2 p S6' 28 51Q 465 9313 pAGE.912 MAR 22 ' 91 Z00 ' 3Jdd 3NQ.=0211'3W WOd= 66 : 111 ' 16 , z2 N'JW Loc$tifln: #32 Long 1sle�nd �'ity LOO�,.f R_�On; 33 YOOkIyA . N' L, at.,� 40•45128" W+ Lon 73°"a as N. Lat. 40p42144" LOU- 139SV28" Saar=n • 8.4 miles N 0+ E 8.S miles N 4g®E 8.6 450 8.7 90' 8.4 90® 8.4 x35' $.4 1.35 8-.9 180.+ 8.4: 180+ 8.S 2250 9.0 2250 8.9 270• 8.4 270• 9.0 319 8#4 315• . 8.7 i Loo_at�.Ctn: #34 Richmond Hill Location: #35 Sronx N. 'Lat. 40.41129" W. Long. 73°50' 43" N. Lat. 40049157" W. Long. 73•93' 13"Bed 39 dSU Hear ri dBU � . , ..•._^ N 0• E 8.4 milers N 0° E 8.4 miles 450 8.4 450 10.0 g0• a.4 900 10.1 135• 8 .9 135+ 9.4 180° 8.9 ISO 902 2250 sea 225' 10. 3 2700 8.4 270' . 906 31S' 8.4 315 8.4 MAR 32 '91 16: 28 518 '46S 9313 PAGE . 013 r 808 ' 3Jbd "' 3N0-0�113W- W0;�J 3 6E i i 16 , ZZ ddW Location: #36 Port Wasl Lagton Location: #37 Glen Oaks N. Lat, 40°50 ' 28" W. Long. 73042110" N. Lat. 40449'24" W. Long- 73°42137" sear na N 00 E 8 ,4 miles N 0' E 1200 miles 450 9,4 454 11. 1 901, 8.4 900 1103 13V 9.4 135" 11.8 1000 a.4 1800 12.0 225' s.4 225" 11.9 270' 8.4 2700 11.8 315' 8.4 315• 12.1 ovation: #39 W*X1M6r8 Loan: Merrick .r N. Lat. 40937 ' 57" W. Lon . 73°42'32" N. Let. 40640'0" W. Lon 73'33 'If" gaa_rin HUM N 0. 1p 8.4 miles N 00 E 8.4 miles 4V 8.4 45` 8.4 900 8.4 908• 8.4 135' 8,4 135• 8 .4 1A0' 8.4 i80' 8 .4 2250 8.4 225' 8 .4 2700 .8.4 2.70• 8.4 31 ' 8.4 315" 8.4 MAR 23 191 16:.29 518 465 ••9.313 PAGE . 9114 600 ' 3Jdd •Wod d 6E : 1.1 i 6 , ZZ aUW 0 ' Loci son: 040 Jericho Lae�oat #41 Huntington N. Lat. 40.46'49" W. Lon . 73933 ' 26" N. Lat. 4005212" trf. Long. 73'24' 37" Bea_ -Ins Irdliv e 9 Bu — N 49 E 5.4 miles N 0• � b� miler ° 8.4 45 0 90° 8. 8. 4 900 135' 9.8 133" 10.2 180° 10.2 1800 11.3 225' 9.7 2256 917 2709 8.4 270" 315' 8.4 315' 6.4 Loc ate: #42 YuMingdal® Location! #43 St. Jartes N. Lat. 4004313911 W. -Lon . '73'27'4" N. Lat. 400521551, W. Lon , 73"9'28' 23aetrng 39 Bear ng d8U N 0• E 7.9 miles N 00 S 6.1miles 43' 8.3 45• 6 . 7 90' 10.8 goo 9,2 135• 11. 2 135' 10.6 1800 11.2 180' 11.4 225° 11. 2 225• 10 .2 2700 10.2 2700 6.8 3159 . 8.7 315' 3.4 MAR 23 ' 91 16: 29 51,8 485 93.13 Pf r2E. 015 0 i 0 ' 3Jdd •:'"�N0-0�113W ,W0a3 8t7 :1 1 16 , Zz ddW d S.00�R! 044 Sayville La�ioz�t #45 Sh,lrley N. Lae. 40`44' 46" W. Ldri . 73°5' 23" N. Lat. 40447069" W Lo M a aw rin i 72'S2' 35" ftoww� �T z^g �- N 45'E 8.8.4 milts N 0' E 8.6 m4les 4a* 0.2 900 10.1 901, 9.9 133` 1062 13511 7.3 180' 10.2 180' 74 22P 10.2 9230 g.9 2706 9.7 270` 9.0 3150 9.0 3190 B.8 LocatiQri: #46 Riverhead Looms: #47 shelter Island N. Lat. 40'55'28" W. Long. 72°41 ' 35" N 4 Lat- 41`4'30" W. Lonclo 72'21 '12" er ri 39 dBU BEarzn 3g N 40* E 5.2 miles N 0" E 5. 6 mileo 90• 7.8 90` 9. 1354 a.5 135' .9 9.8 806 22S" 77 .9 2239 362 2700 6.9 2700 315® 4*8 • 8. 6 315 5. 1 MAR 22 '31 16 s 30 51,8- 465 33.13 PAGE . 01 6 i i ' 30kid ` NO-Odi3W .WO�Izl ob : 1 i 16 , ZZ N1JW W 2 I 0 ' 30bcf lH101 * v. tin ...' #49 fast Ham�►ton Lp�� a� tr,,,?�cna 1k48 So�t�fi1'samP ° 4 13" �3. La . 4005913411 W. log . 72°�.�' L8" 8�• 40°53' 3V W. I,o3i 72. 2 Bea vel N. L g ; " ael. - . fit_ 00 6.4 miles o• ii.o miLsm4 9.0 4S• •�' 00, 8.8 go* 10.5 135• $.H 133• 1(3#7 16p° 80 180° LA.5 225' $66 225* 1041 -270" 9,4 270' 10.9 315" 19'2 315' 10 .6 sIa ,:ass 9313 PAGE . 017 1:C ►4Dt U ��AI ` R 1991 U.S.Department Eastern Region —Fitz geraIdFedea Bui lding---� O}Traf15(�Orit7110f1 John F.Kennedy Federal Aviation International Aii p Administration Jamaica,New Yd .11430 I ACKNOWLEDGEMENT OF NOTICE OF PROPOSED CONSTRUCTION OR ALTERATKON ---------------------------------------------------- ----------- CITY STATE LATITUDE/LONGITUDE MSL XL AMSL MATTITUCK NY 40-59-56. 00 072-30-39 . 00 30 ' .00 130 ------------------------------------------------------------- - ---------- METRO ONE CELLULAR TELEPHONE CO. AERONAUTICAL S UDY ATTN: GLENN WITTE No: 91-AEA-010 -OE 365 WEST PASSAIC STREET NEW ROCHELLE, NY 07662 Type Structure: ANTENNA TOWER i The Federal Aviation Administration hereby acknowledges receip Hof notice dated Ol/11/91 concerning the proposed constructioi or alteration contained herein. A study has been conducted under the provisions of Part 77 of he Federal Aviation Regulations to determine whether the propo ed construction would be an obstruction to air navigation, whethe it should be marked and lighted to enhance safety in air navigat on, and whether supplemental notice of start and completion of construction is required to permit timely charting and notific tion to airmen. The findings of that study are as follows: The proposed construction would not exceed FAA obstruction. ; standards and would not be a hazard to air navigation. However, the following applies to the construction propose s I The structure should be obstruction marked and lighte, per FAA Advisory Circular AC 70/7460-1., 'Obstruction Markin a d Lighting' . CHAPTERS: * 73 �J�7.4 fi-5 [ ] -6 [ ]-7 [ ] 8 / - �9 . This determination expires on 08/27/91 unless application is made, (if subject to the licensing authority of the Federal Communications Commission) , to the FCC before that date, or itF is otherwise extended, revised or terminated. If the structure is subject to the licensing authority of the FCC, a copy of this acknowledgement will be sent to that Agenc NOTICE IS REQUIRED ANYTIME THE PROJECT IS ABANDONED OR THE PROPOSAL IS MODIFIED SIGNED -LcL•( . k, v"z:� ; �. Specialist, Systems Management Branch Robert P. Alexander (718) 917-1230/1228 ISSUED IN: Jamaica, New York ON, 02/25/91 _ . I i I AT&T AT&T Bell Laboratories 600 Mountain Avenue Murray Hill, NJ 07974-2070 201 582-3000 July 10, 1990 Diane Amedeo Metro-One 15 E. Midland Ave. , 2nd Floor Paramus, NJ 07652 Dear Ms. Amedeo: In response to your request for an estimate of the levels- of exposure to electromagnetic energy associated with a proposed cellular-radio installation at Cedar Lane, Englewood, NJ and an opinion regarding the concern for public health associated with long term exposure at these levels, please be advised of the following: - The proposed system will ultimately consist of three directional transmitting antennas (Sweden Corp, ANTEL-ALP9211) located at an elevation of approximately 97 ft. above grade on a self-supported antenna tower. Six receiving antennas will also be mounted at approximately the same height. A maximum- of fourteen transmitters will be connected to each transmitting antenna; each transmitter operates at a maximum output power of 'less than 8 watts. Hence, the -maximum radiated power will be approximately 112 watts per antenna or 336 watts total for the three antennas (assuming all transmitters operate simultaneously which is rarely, if ever, the case) . This is an extremely low power system when compared with other familiar radio systems, such as AM and FM and television broadcast, which typically operate at power levels of 50,000 watts or more. For the case at hand, the maximum exposure levels associated with the cellular radio system can be readily calculated at any point in a plane at any height above grade. Based on the information provided above and an antenna gain of approximately 13 . 15 dBi, the maximum power density in a horizontal plane 6 ft. above a plane that passes through grade directly under the antennas will be less than 1. 1 millionths of a watt per centimeter squared (1. 1 µW/cm' ) and will be less than 2 . 0 µW/cml at any point in a corresponding plane 25 ft. • �l f Diane Amedeo - 2 above grade. The latter is representative of the maximum power density immediately outside of the upper floor of nearby dwellings (assuming level- terrain) . Further, the antenna pattern is such that the energy is propagated in a relatively narrow beam (in the vertical plane) which is directed . tdward. the horizon. The reason for this is to provide uniform ' . coverage. Hence, exposure levels directly under the antennas are not remarkably different from the levels at points more . distant. The above values are the theoretical maxima that could occur and are not typical values. The calculations include the effect of field reinforcement from in-phase reflections and, the assumption was made that all transmitters operate simultaneously and continuously (which is not the usual case) . Although the above values are obtained analytically, experience has -shown that the technique used is extremely conservative. That is, the calculated power density levels have always been found to be greater than the corresponding measured levels. The maximum power density at points considered normally accessible, i.e. , 1-2 µW/cm2 can be compared with the current federal occupational exposure guide of 10, 000 µW/cm' (OSHA - 29 CFR 1910.97) for continuous exposure or the 1982 ANSI' radiofrequency protection guide (RFPG) of 2,700 µW/cm2 , the New Jersey environmental limits of 2,700 µW/cm2 (NJAC: Title 7, Chapter 28, Subchapter 42) or the Massachusetts environmental limits of 530 µW/cm2 at cellular-radio frequencies: (There are no applicable federal limits for exposure of the public to radiofrequency electromagnetic energy.) The total power density 'at any point a few feet above grade, including contributions from all antennas on the tower, will be, in fact, considerably lower than any health standard- used anywhere in the western world. The levels inside of nearby buildings or homes at cellular radio frequencies will be significantly lower than those immediately outside because of the high attenuation of .common building materials at these frequencies and also will be lower than any health standard used anywhere in the world. The- concern about exposure to electromagnetic energy is understandable. Many people feel uneasy about new technology and often want absolute proof that something is safe. Such 'American National Standard . "Safety levels with respect to human exposure to radio frequency electromagnetic fields t 300 kHz to 100 GHz, 11 ANSI".C95. 1-1982 ; American .National - Standards Institute, New York, NY. i. ` Diane Amedeo - 3 guarantees are not possible since one is asking for proof that something does not exist. However, sound judgements can be made as to the safety of a physical agent based on knowledge of the scientific literatu-re. This is exactly how health standards are see. Because all unequivocal scientific evidence indicates that biological effects associated with exposure to radiofrequency - energy are threshold effects, i.e. , unless the exposure level• is sufficiently high the effect will not occur regardless •of exposure duration, it is relatively straightforward to derive safe limits. (Unlike ionizing radiation, e.g. , X-rays and nuclear radiation, repeated exposures to low level radiofrequency/microwave radiation, or nonionizing radiation, are not cumulative. ) By adding safety factors to the level at which the most sensitive effect occurs, . conservative exposure guides have been developed to ensure safety. At present, well over 6, 000 reports are .in the scientific literature which address the subject of microwave and radiofrequency bioeffects. These reports, most of which describe the results of epidemiological studies and animal studies, have been critically reviewed by leading researchers in the field and all new studies are continuously being reviewed by various groups and organizations whose interest is developing health standards. These include the U.S. Environmental Protection Agency, the National Institute for Occupational Safety and Health; the National Council on Radiation Protection and Measurements, the American National Standards Institute, the World Health Organization, the International Radiation Protection Association, etc. All of these groups have recently either reaffirmed existing health standards, developed and adopted new health standards or have proposed health standards . for exposure to radiofrequency and microwave energy. For example, the National Council on Radiation Protection and Measurements has recently (April 1986) published recommended limits for occupational and public exposurez. These recommendations were based on the results of an extensive critical review of the scientific literature by a committee of the leading researchers in the field of bioelectromagnetics. The literature selected included many controversial studies reporting effects at low levels. The ZNCRP - "Biological effects and exposure criteria for radiofrequency electromagnetic fields, " NCRP Report No. 86, National Council on Radiation Protection and Measurements, Bethesda, MD. Diane Amedeo - 4 i results of all studies selected were weighed and analyzed and an exposure guide of approximately 2,700 µW/cm2 (at cellular-radio frequencies) recommended for continuous occupational exposure and -approximately 530 µW/cm2 for continuous exposure of the public. Similarly, the Environmental Protection Agency recently (July 30, 1986)3 published a notice in the Federal Register, calling for public comment on recommended guidance for exposure of the public. Three different limits, ranging •from approximately 270 to 2,700 µW/cm2 , were proposed. Further, the latest draft of. the -ANSI C95. 1 standard (April, 1990) , which resulted from an extensive critical review of the scientific literature, reaffirmed the 1982 RFPG for occupational exposure and recommends 530 µW/cm2 for exposure of the general public at cellular radio frequencies. Also, the USSR, which traditionally had the lowest exposure guides, has recently revised upward its limits for public exposure. Enough is now known to allow unequivocal judgements to be made as to what power density levels are safe and what levels may be potentially harmful. With respect to the proposed cellular-radio system, be assured that the exposure levels in the vicinity of the Englewood installation will be below any health standard used anywhere in the western world and literally thousands of times below any level reported to be associated with any functional change in humans or laboratory animals. This holds true even when all transmitters operate simultaneously and continuously (which is not the normal operating mode) . Power density levels of this magnitude are not even a subject of speculation with regard to an association with adverse health effects. Anyone interested can obtain additional information about the environmental impact of cellular-radio from: Dr. Robert Cleveland, Jr. Federal Communications Office of Engineering and Technology Room 7002 1919 M Street NW Washington, DC 20554 (202) 653-8169 and 3Federal Register, Vol. 51;. No. 146, Wednesday, July 30, �,-' 1986. Diane Amedeo - 5 r Norbert Hankin USEPA, Office of Radiation Programs (ANR-461) 401 M Street NW Washington; DC 20460 (202) 475-9626 A substantial amount of knowledge exists relating- to the health implications associated with exposure to radiofrequency electromagnetic energy. ' However, perhaps because of the anticipated lack of general interest, little of this information is imparted to the public by the media. But you can be assured that based on what is known, the proposed Englewood, NJ cellular-radio installation will not present any health problem to members of the public. Sincerely, R. C. Petersen Nonionizing Radiation Protection Manager M. M. Weiss, Ph.D. Consultant / 2 DECLINATION I S T OR / W 130 ± WEST _ —AN T.CABLES IN 2-6"COND. UNDERGROUND, N 0 EXISTING PORTION OF BUILDING `— TO BE DEMOLISHED. PROPOSED 100' HIGH MONOPOLE 69'-0 �0=0•1 2 a (SEE DETAIL 3/SI) PR6 ' OVIDE GRAVEL MULCH 2 g� O �� ROOM ENTRANCE DOOR ALL OVER FENCED AREA I PROVIDE (2) 8.5'x2C PROP06ED UNMANNED -0 3.0 - PARKING SPACES(SEE' TELECOM EQUIPMENT PROPOSED CHAIN LINK F �ROOM IN EXIST. I-STY. 1 �2 6'-0" HIGH.(SEE DETAIL BLK. BLDG.� 3�. PROPOSED GRAVEL RIVE 8.5 g. BR I ; PROPOSED 6 FT. HIGH CHAIN LINK FENCE 7 Q .,0 ENCLOSURE(SEE q �� -•r+ti� DETAIL 6/Si) J p • u L > �� c� Q ') PRQVIDE 2-W-O" 0 0 , m SWING GATE 0 (� r,r W 16 ______,_.____ 2a 8I NEW POWER & TELECOM.LINE , I CONDUIT UNDERGROUND. I . CONIC ' 234'-.0" NOTE: V. 1 . F. NO TkEE CUTTING ALLOWED IN THIS SITE. NOTE_ fzffF�=IZ To 1/5- 1- I�S -2 I�5 3 FOB FL1Q"Wrf.rz. s1Tr. SCALE 0 20 40 60 80 ,Z1 OETQdL STEOQNTCI NNA LAYO o UT PLAQ • ICl/(�.Lllif_lY_IVN'LC. V4S[r'L�!? Brun aut,ut.•rrzR ge,Nioiru: AND FORMED 7.ORTIoN,Of olfR 2 u C7R, LINf a n a -J dL iF 3F 7 cP�pQ9 USE fFZF7TFlf N : ^ � o a 1'-►•MIN, DI .•Cfli C1lj_ u ~ NOTE ' ' MOO J!!Mf l FORM , Soft. L3EAKING C/\FD,\CITY MUST W hm F.I 13E DETEF'WINED AND ONGIN�7zEFRED w rolNrx o ? RASE fLArE ° WITH MONOPOLE TOWER FOUNDfj T'ION, PR16K To CoMMENcEMENT oFANY Y-o•urHruuw �` ovEaLAv. wcc 40 I o 0 (D \u 0 _o ® OA J o 0O-A _o LPA -I 2'-0" 4'-0' Z'-o C"I ► ' -O" EMl CELLS UGHTO G PLAN SCRLE: '/4" HVAC EQUIPMENT ELECTRICAL AH-1 Trane model no. TWE 090 A3 air handler (MEA 449-86-E) 1." Provide . a . comple cooling capacity: 88,000 BTU/hr Drawings; as spec sensible capacity: 62,000 BTU/hr complete and prc indoor air flow: 3,000 CFM motor: . 1 1/2 HP 2. All work shall con, system KW: 10.23 KW Code, all local cc electrical: 208/230� V., 3PH 3. Contractor shall c Include: 1. Discharge plenum & grills 2. Return air grills and permits requir 3. Sub base 4. Contractor shall c 4. Vibration isolators and chasing requir 5. FARR 30/30 2" filters 6. Single point electrical entry 5. All conduits passin 7. 11.25 KW electric .heat module Partitions, roof, F R Hf1nA\/WAII nn TR74 hPafinn/r-nrdinn listed sealant. JUDITH T. TERRY iG Town Hall, 53095 Main Road TOWN CLERK =v T P.O. BOX 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER y Fax (516) 765 D 65-1 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: April 2, 1991 RE: Special Exception No. 4022 - CELLULAR TELEPHONE CO. d/b/a METRO ONE Transmitted herewith is Special Exception No. 4022 - CELLULAR TELEPHONE CO. d/b/a METRO ONE, together with a letter from the Board of Appeals to William D. Moore dated March 20, 1991, a letter from William D. Moore dated March 13, 1991, a letter from the Board of Appeals dated March 4, 1991 to William D. Moore, a 3 page site plan map, a letter from John J. Kelliber of the New York State Public Service Commission, Notices to Adjacent Property Owners, Notice of Disapproval from the Building Department dated March 14, 1991 , Notice of Disapproval from the Building Department dated March 13, 1991, Short Environmental Assessment Form, Zoning Board of Appeals Questionnaire, a copy of the Certificate of Occupancy dated June 14, 1965, a copy of the Certificate of Occupancy dated August 18, 1961, a copy of the deed, a copy of a letter from William J. Baxter dated March 12, 1991, a copy of a disclosure statement for Cellular Telephone Co. . and a copy of a letter from Lynne Lorimer of Metro One. Judith T. Terry Town Clerk !Z' . '9 APPEALS BOARD MEMBERS 3 ' SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. r, ' i -, r y Town Hall,53095 Main Road Serge Doyen,Jr. <' zr cc� A' P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 20, 1991 William D. Moore, Esq. Clause Commons Suite 3, Box 23 Mattituck, NY 11952 Re: Application for Special Exception/Interpretation/Variance Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge receipt by our office of your recent three-fold application for: (1) a determination as to whether or not the structure and use as proposed meets the requirements for a Special Exception under the residential provisions of the Zoning Code, to wit: Section 100-31B of the Agricultural-Conservation Zone District, as referenced in Section 100-81B; (2) an Appeal for an Interpretation regarding appli- cability of the height restrictions for the proposed tower at a height of approximately 104 feet from ground level, and the question of an exemption under Section 100-230D; (3) and if a variance is deemed necessary, an appeal for relief concerning height of the tower as an alternative. Our office has also agreed to recommend a return of $200. 00 which was applied toward the variance from the $500.00 filing fee, after a public hearing under the appeal for the interpretation, if the Board should determine that such a variance was not necessary . Also, this filing should not be construed as a waiver of this board' s jurisdiction to determine whether or not this project is a use authorized in the Limited Business or Agricultural-Conservation Zone Districts. As you recall, our previous letter dated March 4, 1991 indicated that a telecommunications use is not listed as a permitted use, by Special Exception or otherwise, in the Limited Business or Agricultural-Conservation Zone Districts, .and further reference / was made to the principal uses, by Special Exception, listed i I under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area" as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of the Order, and if this Order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly_, GERARD P. GOEHRYNGER CHAIRMAN lk CPOl Irg MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 ' 1991 Tel: (516) 298-5674 f Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary March 13, 1991 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application for Special Exception Cellular Telephone Company d/b/a Metro One Dear Chairman Goehringer and Members of the Board: This letter is written in response to yours of March 4, 1991 to clarify what I may not have adequately explained in the above referenced application initially submitted February 22, 1991. The proposed use for which this special exception is sought is a radio transmission tower with antenna with unmanned, computer-run equipment in an existing concrete block building. The Cellular Telephone Company is a public utility and as such, the proposed structure and use constitutes a public utility structure and installation necessary to serve areas within the town. Such a use is permitted by special exception pursuant to Southold Town Zoning Code section 100-81(B)(1) [see 110-31(B)(6)] and falls within the original jurisdiction of the zoning board as granted by the Southold Town Board. Enclosed please find a certificate from the New York State Public Service Commission (the regulatory agency charged with supervision and control of public utilities) authorizing the Cellular Telephone Company (Metro One) to provide cellular radio telephone service in the New York area. We are resubmitting the application for the special exception use. Enclosed herewith please find a new application together with the following supporting documents: 1. Special Exception application (new) 2. Notice to Adjoining Property Owners w/ receipts (new) 3. Environmental Assessment Form (new) 4. _.ZBA Questionnaire (new) 5. Certificates of Occupancy (may be for both subject and adjoining property recently subdivided) 6. Deeds 7. Filing fee (our firms check #1707 in the sum of $300.00) 8. Authorization letters (from Metro One to Moore & Moore and from William J. Baxter to Metro One and Moore & Moore) 9. Disclosure Statement from Cellular Telephone Company (d/b/a Metro One) We were advised to submit the plans of the proposed facility to the building department for their review and determination of compliance with the zoning ordinance. Enclosed are copies of the two different notices of disapproval signed respectively by Thomas J. Fisher and Victor Lessard. The basis of the disapproval cited by Mr. Fisher is addressed in this letter with the clarification that the applicant is a public utility. The Notice of Disapproval prepared by Mr. Lessard determined that special exception approval from the zoning board and site plan approval from the planning board were necessary before a building permit could be issued. In addition, Mr. Lessard determined that an interpretation of section 100-230 regarding height exemptions for certain structures may be necessary as the proposed structure is more than 35 feet in height. Enclosed please find an application for an interpretation of the applicability of section 100-230 to the proposed facility and a determination that the structure proposed is exempt from the height limitation. To facilitate and expedite the review of this project in its entirety, the application for the interpretation requests alternative relief in the form of a height variance if the board determines that the exception from the height limitation does not apply to the proposed structure. Copies of each of the above referenced documents are enclosed with this application together with our firm's check for $200.00 (check # 1741). It is our understanding that these applications will be scheduled together for hearing on April 30, 1991. Please advise if you need additional copies of the surveys/site plans that were submitted previously. If there is any additional information you require,please do not hesitate to contact us. Ve41a:. ours oore cc: Metro One Southold Building Dept. Southold Planning Board } W LAr APPEALS BOARD MEMBERS k � �`�'' SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman , Charles Grigonis,Jr. �/ �s Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Didizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 4, 1991 William D. Moore, Esq. Clause Commons Suite 3, Box 23 Mattituck, NY 11952 Re: Application for Special Exception Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge review of your recent Special Exception application left with our office on February 22, 1991. It is our understanding that you do not wish to file the Special Exception application if there is a need for a variance concerning the height of the principal antenna building, which - is at approximately 104 feet above average ground level, and . that you are in the process of requesting a determination or Notice of Disapproval from the Building Inspector, which has not been furnished with the Special Exception documents. Pursuant to Article XXVI, Section 100-262 of the zoning code, we are returning your Special Exception application forms requesting telecommunications building (antenna) and change of principal use to permit telecommunications for the following reasons: a) Telecommunications is not a use permitted in the Limited Business or Agricultural-Conservation Zone Districts (see Light Industrial Park/Planned Office Park LIO Zone District regulations) ; b) a written determination by way of a Notice of Disapproval from the Building Inspector concerning conformance or nonconformance with the zoning code has not been furnished as _ r ;•Page 2 - March 4, 1;- L To: William D. Moore, Esq. Re: Cellular Telephone Co. required in the filing of applications to the Board of Appeals for either a Special Exception or Variance (please see instructions sheet with ZBA form packet and Article XXVI, Section 100-262A) ; c) a Notice of Disclosure for the applicant-corporation, Cellular Telephone Co. , must be provided; d) a Consent from the property owner authorizing the applicant-corporations) to file the subject application must be provided. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Building Department Planning Board APR 26 STATE OF CONNEC�TIJCUUT ) COUNTY OF William J. Baxter, Jr. being duly sworn, deposes and states as follows: 1. I am one of the owners of property which abuts land on which Metro One proposes the construction of a 104 foot monopole with antenna. Our property is located to the south of the subject site. 2. This affidavit is given to advise the Southold Town Zoning Board of Appeals that as the owners of this parcel to the south, we are familiar with, and have no objection to the Metro One application presently before the Zoning Board of Appeals. Willi M J. Baxter, VJr. Sworn to before me the 98 day of 1991 Notary Public T►LDA 9. rlCo Notary Public, Fairfield County My Commission Expires April 30, 1996 v FORM NO.3 TOWNT OF SOUTiIOLD BUILDING DEPART,IM NT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . d C.'. . . . . .. . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . Q for permit to C . . � ?vo_("� -. _ . . . . . . . . . at Location of Property . .7- �.�, • - cQ—n-� c House No. Street c � Hamlei County Tax Map No. 1000 Section . . . .�. . . . . . . Block . . .Q-`f. . . . . . . Lot . t'.1'. . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the followinn Q �Jt�-�C�.X PP � „rounds . . . . . . . . . . . . 'u '. . . . . . . . , . - .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . A,e " Y. . . . . . B ding Inspector RV I/80 FORM NO.3 10 t'IN OF S0UTI-IO?.D BUILDING DEPART11,1ENT TOWN C-LERK'S OFF-ICE � SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date NARCH 13 . 19 9I . . . . . . . To WILLIAM D. MOO-RE (ATTORNEY) �ILLIA'� BAR"i�Y2� .i1t�.� �� ®'FRS' • . . . . . . . 23 M,ATTITUCK9 X.Y. 11952 PLEASE TAKE NOTICE that your application dated . . FES: ,22 . , , , , , . . , , ., for permit to COPISTRUCT AItITENNA FOR TELECOMUNICATIONS BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property 4 15 E:LIJAHS LANE MATTITUCK House No. . . . . Street ' . . . . . . . . . . . . . . . . . . . . . Ham.le t County Tax Map No. 1000 Section . .10I' . . . . . , . . . Bloch .04. . . . . . . . . . . Lot .9 . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . .%.?E.R.AR.T1CLE VI1I SECTI:.1T . . IOO�8 b .PROPOSED TELECO2R.t�t)NTICATIONS BUSINESS W TH ALgTENNA IS RIOT A PER141T�M' USE IN THIS DISTRICT. . .ACTION REQUIRED BY THE ZONING BOARD OF APPEALS . . . . . . . . . . . . . . . . . . Build' g� Inspector THOMAS J. FI �R c.•�.PN RV 1/80 ,14.16•4(2/871—Text 12 PROJECT I.D.NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR NAME Cellular Telephone Co. d/b/a CT LOCA =Metr=oOh 2 SiteT228 . 1. 3 3. PROJETION: Munlcloallty Town of Southold County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks.etc.,or provide map)Suffolk Northwest corner of intersection of Elijah Lane and State Route 25 Suffolk County Tax Map #1000-108-4—.11. 3 5. IS PROPOSED ACTION: New ❑Exoanslon ❑Modificatlon/alteration 6.'DESCRIBE PROJECT BRIEFLY: Redonstruction of existing one story concrete block building for use as unmanned telecommunications equipment room 'and construction of 104 foot high monopole radio tower with antenna. 7. AMOUNT OF LAND AFFECTED: Initially 2 acres Ultimately 2 8. WILL PROPOSED ACTION COMPLY WITH EXISTING acres ZONING pA OTHER EXISTING LAND USE RESTRICTIONS? ©Yes ❑No If No,describe briefly F RESENT LAND USE IN VICINITY OF PROJECT? ential 7 ❑IndustrialCommercial Agriculture ❑Pak/Forest/Open space ❑Other h of proposed site predominantly agricultural use. Abandoned auto repair shop s premises. North and east of property, land use is residential and agricultural. TION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,R LOCAL)?es ❑No If yes,list agency(s)and permit/approvals hold Town Planning Board — Site Plan olk County Planning, F.C.C. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No 1!yes,list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlspon r M . l l u l a Te l e hone Co. d b a Metro One Date: Signature: Attorne for A licant If the action is in the Coastal Area, and you are a state agency, complete the Coastal As Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this Board before any action is taken. ' ii• SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed , that the preparer will use currently available information'concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. e (d) Environmental Assessment 1- Will project result in a large physical change to the project site or physically alter more than 10 acres of land? __Yes X NO ' 2. Will there be a major change to any unique or unusual land form on the site? _Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large. impact on groundwater quality? Yes _•X_NO 5. Will project significantly effect drainage flow --on adjacent sites? , • Yes X No 6. Will project affect any threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes _�Np 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes _X-No � 9- Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? _ Yes X No 10. Will project have a major effect on existing or , future recreational opportunities? Yes _, No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ._Yes _.Z_No 13. Will project have any impact on public health or safety? ' i Yes ,yNo I " 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year , period or have a major negative effect on the Yes X No character of the community or neighborhood? 15. Is there public ersy concerning the project. . ar , Yes .ego Pre P er s Signature: Representing: Cellular Tele hone Co. d/b/a Date: One 3-15-91 ZSA y/75 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) William J. Baxter, Jr. Robert A. Coeller , Jr- Patricia Baxter Cellular Telephone Co. d/b/a Jane Goeller _Metro One (tenant) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X} No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? n/a 3 . Is the property bulkheaded between the wetlands area and the upland building area? n/a 4. If your property contains wetlands- or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? n/a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? no If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? y�PiY If yes, please explain where or submit copies of deeds.�ouzKm dw�vy a��, ._,7 � I. Please list present use or operations conducted at this parcel existing barn used for storage and proposed use telecommunications building with antenna. Attorney for Applicant AVabrAzed Sig ature and Date 3/87, 10/901k ES � '�aY4Kr9 1030 E.PUTNAM AVENUE,GREENWICH,CONN.06830 • (203)637.4559 A WORLD ECONOMIC SERVICE SERVING INVESTORS SINCE 1924 March 12, 1991 Southold Town Zoning- Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Southold Town Planing Board Southold Town Hall Main Road Southold, NY 11971 Dear Ladies/Gentlemen: The undersigned, as owner and on behalf of the owners, authorizes Metro One as a -tenant of our property and the law firm of Moore & Moore as attorneys for Metro One to submit any applications and supporting documents which may be necessary for approval of proposed public utility telecommunications facilities and structures (antenna) on our property on Elijah Lane, Mattituck in the Town of Southold. Very truly yours, William J r-'Baxter WJB:rs Cellular Telephone company a New York Geng—real Partn -z fazp- 1. Cellular System, Inc. (50v) address 29 Tees¢ 57tn Strom New York, NY 10019 2. LIN Cellular. Communications, Inc. (50%) address 1370 Avnnue Of The Americas New Yor Net-L York 1Q0�9 Ce Y -Svstem. inc. 1. LIST Cellular Corporation LET e r Comm Cc-NI- address 1370 Avenue of Americas wno)l.y owned slxbsidiary New York, New York 10019 of LIAR Broadoasuing Corp. 1370 Avenge Of Americas New York, New York (10019) 2 . Remaining entity (ies) (10% interest or greater) address (es) Anne T BROADCASTING CORP. 2 4 CCaw Cel lular Comm(S 2$) 5400 Carillon Point Kirkland, Wash. 98033 2.Remaining entity (ies) (10% or greater interest) address (es) McCaw ceel.lulaz QQa� List nolderS (and addresses) of 10% or more interest. 1. Holder.6craig o. McCaw address: 5400 Carillon Pt. Kirkland, FA 98033 (71%) 2. Holder: BT USA address: 1100 H. Market St. Suite 780 Wilmington, DE 19890 (20%) O January 21 , 1991 Southhold Town Zoning Board of Appeals Southold Town Hall Main Road Southold , N.Y. 11971 Southold Town Planning Board Southold Town Hall Main Road Southold , N .Y _ 1.1971 RE: Metro One Dear Ladies/Gentlemen : Tho undersigned , on behalf of. Metro One , hereby authorizes the law firm of Moore & Moore to submit any applications and supporting documents which may be necessary for approval of proposed telecommunications facilities and structures in the Town of Southold. Sincerely, i Lynne Lorimer Real Estate Consultant Metro One 365 West Passaic Street, Rochelle Park, New Jersey 07662-3015 o (201) 587-7886 00 39HA �fIf.) j:�131I bIC IJ 1S T I IF , 53� PROOF OF MAILING, OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS, Sonja C . Hunter 30 Perna Lane, Riverside, CT 06878 Mr . & Mrs . Joseph ,Neville P.O. Box 592 , Mattituck, NY 11952 North Fork Housing Alliance 110 South Street, Greenport, NY 11944 Richard & Janet Oddon 1165 Founder Path, Southold, NY 11971 William Baxter:, Jr. 1030 E. Putnam, Greenwich, CT 06830 Mr. & Mrs . Cornelius L. Naston Elijahs Lane, Mattituck, NY 11952 r I STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) Margaret Rutkowski residing at ThPrpsa 11rJv®-, Ma##j 4UG;J;being duly sworn, deposes and says that on the ,, a day of March 119 91 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck, NY ;that said Notices were mailed to each of said persons by (certified) (3ni-5=W4 mail. Margaret Rutkowski Sworn to before me ,his day of ., 91 NotaXr ' Public WILLIAM D. MOORE Notary Public,State of New York No.4832728 Qualified in Suffolk County Commission Expires!anuary 31, 1996 9� ( This side does not have to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS, TOWN OF SOUTI-;OLD In the Matter or the Petition of . Cellular Telephone Co. d/b/a Metro One NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That h is the intention of the undersigned to petition the Hoard of Appeals of the Town of Southold to request a ariance eciaal 1-_xceptio (Other) (circle choice] and interptetation of zoning ordinance ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Suffolk County Tax Map #1000-108-4-11. 3 Eliiah' s Lane northwest of intersection of Elijah! s Lane and 1�_aIn Rrn�r� (NYS a-t 25) , _ 3. That the property which is the subject of such Petition is located in the following Zoning district: Limited Business (LB) r 4 That by such Petition, the undersigned will request the following relief: approval of a public 3it-i 1 i t-7 -;trnr- ure consi ati n in existing small concrete block building together with a 104 foot high monopole radio tower antenna to provide cellular telephone radio communication. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signzd are Article VIII Section 100-81 (B) (1) ; 100-230 (D) ; 100-82 L ] Section 280-A, New York Town Law for approval of access over rights)-of-way. _ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main road Southold, New York and you may them and there -::tiynine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the (Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such `tearing 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. A ;Dated: March 15, 1991 f� Petitioner Cellular Telephone Co. a/b/a Metro One Owners ' Names : c/o Moore & Moore Post Office Address Clause Commons, Suite 3, P.O. Box 23 Mai-t-1fa c'k. NY 1J.952 1el No . (516 ) 298-5674 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] V. P 493 527 240 P . 4`; 5. ;.5.2,7.:, 247, P 493 527 242 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED PEN"FIR F I R.~ p�T1F1C� i Q1L RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL NO INSUR.AN'CE COVERAGE PROVIDFD NO INSURANCE COVERAGE PROVIDED (See Reverse) NOT FOR INl ERNATIONAL"NAIL NOT FOR INTERNATIONAL MAIL _ (Sep Reverse) _ (See Reverse) Sent to Sent to Sent to N William Baxter, Jr._ Ric_ha'rd_&. Janet Oddon Im Slr�e( n�NoE. Putnam Street and No m Street and No. 1 1 U U t —P- ri d-e 110 South Street a P.O.,Slate and ZIP Code au P.O.,P.Q. State and ZIP Code N G�eenv7ich CT 06830 P.O.,State and ZIP Code N Southo_l_d,___NY 11._� q Greenporten — , NY 11944 Postage S . 29 Postage S . 29 Postage S . 29 Certified Fee -'---- 1 . 00 Cert l ed Fee 1. 00 Certified Fee 1. 00 . 00 Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restrcled Delivery Fee Restricted Delivery Fee Return Receipt showing Return Receipt showing Return Receipt to whom and Date Delivered Ln to whom and Date Delivered showing �+ N to whom and Date Delivered co Return Receipt showing to whom. coReturn Receipt s F�9 *,bom, fO Return Rec t wi �tp'' om. Date.and Address of Delivery Date.and Ad .,sd` /�D I Jed �' c Y,T Date,and dd . TOTAL Post tl S - ��J 1 . 2 9 � TOTAL Po age,md F --; S TOTAL ost ge a 5 o .� 1. 29@ 1' f 1 . 29 o Postmark >r[ ite '�vv o o � + d Postmark r D.rc �.i„i' o0o Poslma�, LL 8(j tl P 493 527 243 P 493 527 246 P 493 527 245 RECEIPT FOR CERTIFIED MAIL REi�EIP.T FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL. NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL 'see.Reverse) See Reverse '""� (See Reverse_) ( ) Sent to 42 Sent to Sent to N r MrG - ,T_ NeSril..l_e Sonja' C^:Hunte`r N Mr._& Mrs . C. L. Nasto_- Street and No. d, m Street and No. w Street and No. P_ 0 BOX 592 � 30 Perna Lane Elijahs Lane a P.O.,Stale and ZIP Code a P.O..State and ZIP Code a P.O..State and ZIP Code 0ci Mattituck, NY 11952 rn uer --i.de.,._SZ 8 N Gk r Poslage 5 . 29 29 � Poshg e S Postage S . 29 _ _ . 29 Certified Fee Certified Fee Certified Fee 1. 00 1. 00 Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt shwvi t to whom and. e Detivared Return Receipt showing Return Receipt showing � r to whom and Date Delivered to whom and Dale Delivered LO a; Return Receipt shov.!�q'IQ`Veh"�m. Return Receipt show o w r Return Receipt showing to whom. Dale,arl(1 Address�' Ilv t. d Date.and Address,ol.Deliver 6 �- Date,and Address -'(�etr� i y TOTAL,Postage and Fe s ' S c i TOTAL Postage nrf Flies = TOTAL Post "e and Fees S 1 . 2 9 -� / �s''.v '�r l 1. 29 0 0 o Poslmark�o'r pdte. _ o A C Postmark r D ale,• co Postmark or Datl r CIO ap yC- E oLL LL a a TOWR, OF SOUTHOLD BUILDING DEPARTMENT -VZK'S OFFICE TOWN CLE SOUTHOLD, N. Y. CERTIMCATE OF OCCUPANCY No. ...A.....e2172....... hate ........................... . ....3.4..... .. 19.45. THIS CERTIFIES that the building located at ..1'� Y�.�2�,d1;. (�JL�� �.: .. .•.......,•„••• Street Map No. .. ".4............ Block No. .........09.Z....... Lot No. .=. .......�atti•tuzk-V......M Z ............ conforms substantially to the Application for Building Permit heretofore filed in this office dated ..........................................Febo.....9.:....., 19.6,5.. pursuant to which Building Permit No. .26,12. .Z dated ..............................Feb....21.......... 19..6.5., was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is ........ ...........lks`�.m s a-blA'ld ing.............................................................................................................. The certificate is issued to .....WM.Bn.xter..Jr..&...others...................owwra........................... (owner, lessee or tenant) of the aforesaid building. TOWN OF SOUMOLD MELDING DEPALMMENT TOWN CLEAR's OFFICE CERTIMCATE OF OCCUPANCY No. ........ Rafe .......... ................... � �g..�A......, Mttltuck THIS CERTHi'IES that the building located at Z:a's.ijah°Z..La, .Vic. At..... Street ejdt Map1io. ....eQ ............ Block No. ...........* . ... .Loit .1,10. .......... .................................... ............... conforms'subst anti ally to the Application for Building Permit heretofore filed in this office dated P.. ............ , 19 §� pursuant to which Building Permit No. ......�..�:�.. ............ . .......... ...... ... dated . ......... KaY... ................ ........ ��.� .., was issued, and conforms to all of the equire- ments of the applicable provisions of the law. The occupancy for which this certificate is issuedis ....... ...............8�3.. �1 ;.... ............................ ..... ................................................... This certificate is issued to ....willim.....ao Baxter, `fir° , a Onne P. Gollex, (owners .. ..................................... .... ............................ .... (owner, lessee or tenant) of the aforesaid building. ...... .......... .................... ............. ........ ..... ]Building Tnspe\tor • �Y7�7�i- :J.CAD•--f1a•,;�;a G�3�5a�e�.�,crith�._. ���;;sf��Ga::»G�a deco--�1v��ea� kya.`,s•-'z�.--g9 MWLD VB MM FAT UM&S mil. = made the /w day of -��. , niaeteoa hundredaic � r J ` e pROC. cor, ion c/o 57 Perk Avenue,, -) Mo.e,69.1"llew York 4 r�g• �v.�,r= t . . e3 r• yyt�{ pq � G8• d Party of the first part, and. WILLIAM J . BAX7'ER, resiciing at 2 ft$ Z°,r���o p8QL9 y. and JANE P. GORLI , Birch Lane , Greenwich, Conn• Recorded on May 2, 1961 to Li_ber. 4980 at pale 507 * " party of the second part., 'T€ . that the party of the first part, in consideration of Ten Dollam and Orther valu&We con- sideration paid by the party of the second part, doee hereby grant and release unto-the parL+y a the aecond part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or Pmr*cel of land, with the buildin and amprov�arlentc thereov erected, situate, lying and being in the Famlet of Mattituck, in t�e Tewn of Southold9 County of Suffolk and State ,£ ivev. York, t;ounded and described as followss 200 d 14°t BEGININTNG at a monurier:t sot in the ground at the intersection of the northerly i� t �• x�" � ��'� line of Main State Road, with the westerly lire of Eli ah °s Lane; running -) '1HaCE along, the said northerly line of Main State Road north 8L degrees 45 Mutes x T 40 seconds :west 395.38 feet to a monument set in the ground at an angle in said line of Mein State Roads A i 71fENCE still along said northerly line of Yain State RoRd north 85 degrees 36 „ R1 mimites 30 se tends wc�ut 31.0 feet to the easterly lire of land of John J. lytcFdunus; L A THi�dc;E al one land of i d ,i . 9 sir. UcKnnus, n-)rth I_) -leer—:9 07 m`nu:.@s 00 seconds c:loutharly ;.ine of :� ri of martin ' ilia; nest l 0 (9 feet to the s "NEA E alonry said southerly line of land of Martin Filla north 77 degrees 06 minutes ex) seconds Past 3570l:6 feet to a monunent set in the :7 nund on the w8sterly line of KijahIs Lane; and `''-H`NCh along the westerly lire of Elijah Is I.Ane south 25 fin,,rees 09 min ,tes 10 seconds east 320.50 feet to the poi.nt nr pltace of begixgni.nR. L ` 4 TOGET1IfEl2 with al: rig-ht, title and interest, if any, of the party of the first part in and to any streex and roads ab sttin: the above described remisee to the center lines thereof; TOGETHER with the appurtenances an ell the estate and rig to of the party of the fir-at part in and to said pren°.a.ies; T© HAVE A,D TO HOLD the premises herein granted unto the party of the second paint, the heirs or suceeszors and assigmi of the party of the second pmra forti�veS• AND the party of the first p.ar,, covemnt3 thzt party of the first part has not done or sufiej� saay- thing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AN5 the party of the first part, in compliance with Section 13 of the Lien Law,eovenantz that the of the first past will receive the consideration for this conveyance and vv-Rl hold the lri ht to receive sued consideration as z trust fund to be applied first for the purpose of praying the cost of the improvement and will apply the same first to the payment of the cost of the improvement bei'ore uming any pat of the total of the s2me for any other purpose. The word "party" shsll � construed as if it read "parties" whenever the s�enoe of W� wi J� reres. aaaa0000ma ' :' 1N, 't�'�'1`d'HESS vpe,5",r9290iV, the pay of the urst part has duly, executed this deed the ��� ��,= ^� _�!{ above written. - .S fit.: iI `s,�•���-. � I O Vol Harr, .,ant.or, vice-fv r COMMY VOUP 9.GMV219 DIEVC (3XIW. M199 ONST 3f IAIE 'T—THiS €NS51uUMI HouL jR USM @v ItA"FRS am-V. THLS INDENII.JRE, made the 2nd day of April , nineteen hundred and St r BETWEEN wev York 10538 party of the first part, and ° d P a-I"CM his wife 9 residing at 31 110 egan I leer or "a JB® GC .R9his wi e® residing €�t �`Ch y ►c 'no nun e party of the second part, p WITNFSSETH, that the party of the first part, in consideration of dollars, lawful money of the United States, Md Cthor good and ValUabla Conf3i"MUM paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AL..I. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being 6at Eattituckv in the Town Of SOUthOld4 C4 V Of Suffolk and Statl& of Zew Yorke boomed and dGscribed, as follows? BEGIr G at a cccj^ate r-onunanto set in tba grMsad On thO Northerly line of the Min 0r Stete ROadq said m0n t being IoCated the same interse0's th® 2-aid nOr-thZA-Y Si6,0 Or l inG Of or State mod$ INMnin, 6 t-8=0 alOME thG 90rt -TLY line of 0:0 St& ta lzoad® Worth 85' 36s 30" Wept 60®d reet9 to a c0r.�rr�t�r ���t ��t in the E;ro=d and being g the Fasterly UnO of I.Mid fomarly ®wed by i Clarence 'Put hill ai'1Ca RalP . Tuthill9 ng thenea WortherlY and ul Said land 90MISr Of Clarence tali and Rai-ph Tat-hill sor 200 , 00" u0st 164.41 fait to a C 0reta Menurlant SO"' in th,3 grwm; .. rinning thence Fz2terly and r VLII &IonG 1&Zd f6rMerI7 Of Clarence ITihill and Ralph t + ll ft e 060 001v Sat 60 "St to a cmcmte ae rAt set in tho graand and land a0W Or i'orWrI7 of Williams L. Ilzming thmee Gcuxtherl,7 and agME tba waster gize of I no,,a or foimar C � William L. Strickland th 190 Cr,9 0079 t 2.81 a Go+t to � , oncsv, � �� t Bet in the J � r beiaS the d9 t Or Flee BEM M YMI MED TO BE the SGMG PrOml-BGS aj3 conveyed to the P of the first p&rt by fee& dated November 4o l9(rj =d recorded the Suffolk 0®uaty Clerk, S off Joe im Libor 6W cp 597m TOGETHM with all nigh e a nterest, if any, of the party of the - Par I and to any streets Ind roads abutting the above descnoed premises to the center lines thereof, ? with the appurtenances and all the estate and rights of the party of the first part in and to �' said premises, premises her granted unto the party of the second part, the heirs or TO g.UVE "D TO �r O I� the successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part �as not done or suffered anything whereby the said premises have been incurnbered in any way whatever, except as aforesaid. M the party of the .first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part wily receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WMjM VMF 3REO°, the party of the first part has duly executed this deed the day and year first above written. IN PRESFNCE OF: ram: 9TAIM OV N9W YOU2.Col r rya: 0.0p Naw Yom cou M W 'im ffi,6 2nd day off April 19 'A, before me On the day of 19 before tne .,;ersonally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and adcriowledged that executed the same executed the same. a.CUCMXV=!;j; I RPM' STAVIE 091 NZW YORK. COUNTY OF 55: STATE OF NEW `CORK. COUNTY OV sse On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by rile duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that lie is the of of the corporation described the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the sea] of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. Lion, and that he signed h name thereto by like order. Pargain anb &%le -)Bub SECTION WI f H COVENANT AGAINST GRANTOR'S ACTS TITLE No. BLOCK LOT COUNTY OR TOWN TO M=V MAERT AA. GO jP—,b 0Md Recordcd At Rcquest of The Title Guarantee Company RETURN BY MAIM TO: STANDA9W MMU OF NFEW YORX BOARD OF YITU UNDERWRiMS Din ribulad by William ws_ckhan� E0q. Main RWd THE TITLE GUARANTEE COMPANY -titwk� Nevy 7wk 11952 rz t Zip No. 5M 0 0 M Q9 M. 0 eN asa FE VNLV.LAWY pe etn'Hi HST'RUM9WV ?Hog 2H r­- smor ti-o SV an CONSULT YOUR LAWYER( YHis 0 LIBER6639 ?03t'lt TMS PiDENTURE, made the loth day of 0 c t o b 52 X, nineteen hundred and sixty-nine, BETWEEN MALRTIN FIUA, residing at Mattituck, Town of Southold, 4 J Suffolk County, New York, -jl �T IRI T�- .'T party of the first part. and WILLIAM J. BAXTER., JR and PATRICIA BAXTER, his wife, as tenants by the entirety, holding a one-half undivided interest, both resid' at Nassau Point' Road, Cutchogue, New York, and ROBERT A. GOELLEI_nj&nd JANE P. GOELLER, his wife as tenants by the entirety, holding a one-half undivided interest, both re- 0 siding at Haywaters Road, Nassau Point, Suffolk County, New York, Z CJ LL of party of the second part, WITNESSETH, that the party of the lirst part, in consideration of Ten and 00/100 . . . . . . . . . . . . . ($10. 00) . . . . . . . . . . . . dollars, other lawful money of the United States, and/good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part.. the heirs or 4:. successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected. situate. r, lying and being iKIAX at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a monument on the westerly line of Elijah' s Lane distant 320. 50 feet northerly from a monument at the intersection of the westerly line of Elijah' s Lane and the northerly line- of Main Road; THENCE from said point of beginning the following seven (7) courses and distances : 1. South 770 06' 001 West 417.4.6 feet along lands of William J. Baxter, Jr. 5, et ano. ., and McManus to a monument; 2. South 200 4V 00" East 164.41 feet along said lands of McManus to a monument situate on the northerly line of Main Road; 3 . North 85* 30' 40" West 69. 74 feet along the northerly line of Main Road to lands now or formerly of Joseph Neville; 4. North 2.30 08 ' 10" West along said last mentioned lands 161. 95 feet to a pokt and lands now or formerly of Anjef Associates., Inc. ; 5. North 230 52' 10" West along said last mentioned land 101.47 'feet to the northwest corner of the premises herein described; 6. North 700 30' 50" East 475060 feet along lands of Anjef Associates, Inc. , and Maston to a pipe situate on th6 west- erly line of Elijah' s Lane at the northeast corner of the premises herein described; 7. Thence South 250 09 ' 10" East along said westerly line of Elijah' s Lane 175. 50 feet to the monument at the point or place of BEGINNING. BEING AND INTENDED I'0 BE the same premises and more conveyed to Martin Filla by deed from Ralph W. Tuthill and Laura F. -Tuthill his wife, dated September 7, 1954, and recorded September 8, 1954, in the Office of the Clerk of the County of Suffok, in Liter 3754 cp 249. CAR TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premixes to the center Iines thereof, TOGZEMER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the part' of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. MiD the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first.part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read ,"parties" whenever the sense of this indenture so requires. I1 W=SS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN RLSLiCF OF,' f Martll F11la I �1 "'43 9 5 M, STATE OF NEW YORK, COUNTY OF SUFFOL K ss.: STATE OF NEIN YORK, COUNTY OF � On-the l®th dayof0c t o V e r 19 69 , before me On the day d 19 , before me personally came MARTIN FILLA personally came to me k:io-,vn to be the individual described in and who to me known to be the individual described in and who executed the to cnt, and ac - e gc it executed the foregoing instrument, and acknowledged that ]ate exec d t s me. \I � executed the same. J.CR011 RICH: the State of N-`Z. Notary public is%No.52-:$ti.2t'�!-Su'tolfr county Dd7 Comiss!on Zx-oi.es $oar.' 19ft?� STATE OF-VIEW YORK, COUNTY OF ss.: STATE OF NEW YORK, COUNTY OF ss.: On the day of 19 , before me On the day of 19 , before me personally came personally carve to me known,who,being by me duly sworn,did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he knows , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation-, that the seal af:ixed described in and who executed the foregoing instrument; to saidu—istrument is such corporate seal; that it was so char lie, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, Lion, and that he signed h name thereto by like order, at the same time subscribed h name as wimess thereto. d s�.CTaoW Wit], Covcnant Against; Grantor's Acts BLOCK Title No. 0 LOT MARTIN FILIA COUNTY OR TOWN To WILLIAM J. BAiTER, JR. and ux, and ! ROBERT A. GOELLER Tieror3erl :lt Ftegneat og g and ux INTER-COUNTY Titre Guaranty and Mortgage Company STANDARD FORM OF NEW YORK HOARD OF TITLE UNDERWRITERS RETURN PlY MAIL TO Dirlribulod by INTER.C011 NPAr TITLE GUARANTY William Wickham, �.5q. and MORTGAGE COMPANYMain road CHARTERED 1427 '" INNEW YORK Iattituck, N. Y. 11952 Zip No. en ' OCT le `0 °a 'ESTER AA. A � Ad7 BEIaTS0 � r- Clark of SvHonk r � 1 • 475. 60 3,30 A ttt 3355 � w t 291 83.4 3 do u t GAR Cn t 11 FF EL ----OVERHEAD L9 t 3� 20� �� E 33.00 - -__EAD wI_R_ES 01 `tt 3� tt I 1 STORY FRAME t BARN rn' GAR t FF EL N 32.50 PROPOSED 100' HIGH 3�g MONOPOLE AREA a 804955 S.F. ��-� _ GAR 30, FF EL 1.848 ACRES �63a 32.77 ; S Te�cK .' . y5 0 1 ro / PROPOSED UNMANNED 29 1 0.0- 90 PROVIDE (2) 8.5'x 20' GAR 1 TELECOM. EQUIPMENT PARKING SPACES 1 ROOM IN-EXIST. BLOCK FF EL - BLDG. _ Ia2 33.09 _ _ T O� ( tr - +1 S Y� 1 e\ a 3- i M , � C21.�:0-WIDE..GsaTE _ PROPOSED I WIO� � N LB �� sb( GRAVEL DRIVEWAY, Lg w ZONE PROPOSED 8.0' HIGH �\.' 119 ' B� (SEE SECTION 21.6A% --S CHAIN LINK FENCE 0• (INSTALL PENCE TO CLEAR - EXIST.TREES AS REQ'D.1 �7" N `. �. -_. \ •' \ ` �� ——— i 8 Ld w �S �•� r�`L �� b Za7J I� TOE o����`PO/ 4 8 8. 0 5 Ln S87° 55' 1 2"W CONC 1 DRIVEWAY z l 1 R-80 A—C -40 ai - R-80 — :c zY _1— r NL9LKd: LB J I I - _ e „r 40 Of 4 /, F —80 0 y� v � Downs rani / Creek �y A—C l •. of - ' 2iM n Creek ....... . FOR PARCEL NO.ell 5E SEC NO'0' SEE=.NO. SEE SEC. No.101 SEE SEC NO 101 ..%N z LINE MATC1 MATCH _7__L1tLE 101-02-0m.1 7 -!-'Ne MATCH N MATCH LINE FOR PARCEL NO.. SEE SE E.�- .0 7 U.6 A(.) ON �2. 0 2 7 9.OA(l) 11AA(l) 2 -10 0 3 7.3 Ak I 7.21 T.20 .2 U 33 7.18 'P 7.17 Q.6;.2 9 5.1. V. fop 4-10 7.13 1.15 A 5.14 �0..03 A I 1.8 A 5.12 ES. ..4 AM o 7.15 e .5.11 -ni-A z IF A. 5.10 TOWN OF SEAMMO ew 10. (RECH—E AASIN) 5.9 4.OA(.) 10 7.4 5.9 I LOACO 13.6 25.4A(,,) 111P .4 4 IAW 7.2 13.9 2 1 A(c) .2 5.3 S. FOR PARCEL NO, FOR PARCEL N 210 ..3A(1) 1 E SEC SE 10. FOR PARCEL NO FOR FA IEL.0. SE I N�IS _0 _02 N SEE C.NO,915-02- SEE SEC No.., So PA.CELIV..�02_ 2A(l) EE SEQNO.115 S E SEC NO.115-02- J� —Z C. z 00 1 LIWE Z Z EQ!F_ Z I IE111"" —I.—T. I—E-1. Legend KEY NAP MECTION T- NTY OF SUFFOLK SOUTHOLD "R7;L"' F Oil-I W—o—u TM OF Dil-I Li- -W R-1-1-111;11LI- L---1.1.1 N.. @ Real Property Tax Service Agency VILLAGEOF P L.--I P.,".. . " -I County Center nmiCT--K09-0- L;'- 1.*.i— C.".7 Ri—h—d,L I.,N—York P SCOTT L. HARRIS SUPERVISOR To%�n Hall, 53095 Main Road cm P.O. Box 1179 FAX (516) 765 - 1823 %J.- " CP Southold, New York 11971 TELEPHONE(516) 765 - 1800 1�11 0 BOARD OF APPEALS : Gerard P. Goehringer OFFICE OF THE aOARD OF APPEALS Chairman TOWN OF SOUTHOLD 765-1809 ACTION OF THE BOkRD DF A22SALS Appeal No. 4058: NYNEX MOBILE CCr*nMI CATIONS/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 3nsufficient side and rear yard setbacks- Zone District: Light Industrial (LI ) . Location of Property: 21855 County Road 48'_ Parcel No. 1000-96-1-19.1. Cutchogue, NY; County Tax Map 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 care-= and doc,,�mentaticn su�,mit- Lully considered all testimony ted concerning this application; and WT,."EREAS, 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 cruestion is located in the Light Industrial (LI) Zone Distr-ict in the Iiamlet of Cutchcgue, Town Of Southold, and is more particularly identified as County Tax Map District 1000, Section 9' 6, Black 1, Lot 19. 1. 2. The subject premises consists of a total ar'ea 'of 1. 04 acres (or 45,398 sq. f". ) with a fron-tage of 168 feet along -he ' north Side of County R"'ute 48" and a lot depth of 252+- feet. " 0 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 Mar-ch 3, 1988 (Arthur L. Jung'e, Inc. ) , as well as site plan approval by the Southold Town Planning Board. 3 . By this applicat4on, reduced setbacks are requested: .4. (a) from the northerly rear yard and westerly side yard at id feet and 24+- fe� et, respectively for the 13 ' by 27 ' foundatio'n Of the -Proposed ac-cessOrY- storage-bui lding, and (b) from "he nor�lher--_ rear yard at* 39+- f�.= _!e2_t__&nd from the westerly sid'- at + for '"he f e yard eb,,ndation of the proDosed monapole towe Page, 2 - Appl. No . 4058 Matter Of NYNEX MOBILE COMMUNICATIONS Decision Rendered November 21, 1951 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 ) 1"17295 issued an September 13 , 1988 for the electric shop/buildln6g of Arthur V. Junge; ( 2) 4Z13981 issued on AprJ ' 23- , 7- JI 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 increa"'se of on-site customers related to the establishment of this public uti lity use; other site mlan 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 reco"'rd concernings its licensing as a public utility to provide cellular- radio transmission serving to its full extent the public in-arest, convenience and necessary as per written consent and order authorized by the N.Y.S. Publc- Service Commission, Federal Communications - Commission, etc. , which includes limitation on 'Che Effective Radiated Power for mobile transmitters up to 7 watts, and output Power for mobile transmitters UD 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 Ccmmiss.;.&.on; and it is understood that upon any future pr-amosal Of this aD- m- licant or owner(s) to transfer or assign thiS Page .3 - Appl. No. 4058 '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 121 by 26 ft. (131 by 271 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. The're would be two whip antennas that are 10 ft. abo-ve that, and one below. (c) the tower and buil' ding 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/pub1ic utility and will not be rentea or leased to any other corporation, pers;n, 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, an this site in Or-der 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. undei Article X111, Section 100-130 .of the -Lig- ht Industrial (LI ) and Light Industrial-Of4ice (LIO) Zoning Provisions for authorization to establish a telecommunications use b a public utility � y -Page '4 - Appl. No. 4058 Matter of iPMEX 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; (a) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to alocellant to Pursue, other than a va-riance (e) is uniquely related to the property and is not personal in nature; (f) in considering all of the above factors, interests of justice w- the ill be served by granting the variance, as conditionaily nct;d below. Accordingly, an motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for the reduced setbacks requested and noted above on the fi�-st Page, paragraph #3, in 'Che Matter of the Apalication Or- rnNEX MOBILE CO INICATIONS, SUBJECT TO THE FOLLOWING CONDITIONS: MZU 'RESOLVEED, 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 NYNMC/AR!"dUR V. JUNGE, INC. , BE-AND HEIRF_By IS APPROVED, SUBJECT TO = 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 fur-her 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; 0-9 3 . NO microwave dishes, as agreed by the applicants (none which are proposed during the consideration of thJis application) ,.- ,. Page 3 - Appi. 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 dis"'tribution levels of radiation, as agreed. 5 . The setbacks shall be not less than that applied for and shown on the plan dated October 13 , 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 AIND FROM VOTE) . This resolution was duly adopted. lk ERAPD P-'GOEFTH P.111 Nx G�E R CHAI--RmAN ."�'2(71"EDTED AND FILED BY cOUT-.-..*OLD TO Ve 1.1 CLLil',' DATE HOUR Town Clerk, Town of Southold APFEAL.�hOAR"DIME.MBERS SCOTT L HARRIS Gerard P. Goehringer,Chairman Supervisor Charles Grigonis,Jr. Serge Doyen,Jr. W2 Town Hall,53095 Main Road James Dinizio,Jr. P.O.Box 1179 A Robert A. Villa Southold,New York 11971 Telephone(516)765-1809 Fax (516) 765-1823 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4062. n-NEX MOBILE COMMUNICATIONSARTHUR V. JUNGE, INC. Request for Special Exception approval under Article XIII, Section 100-141B( l) 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 and documentation 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 tota 1 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 parcel is improved with an existing building and uses which were the subj'ect 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, a Special Exception is requested for " . . -construct--on of an equipment building and monopole for Cellular mobile communications. . . ", both of which are public Pag!e 2 - November 21, 1991 Matter of NYNEX/ARTHUR JUNGE, INC. Decision Rendered November 21, 1991 "tilitY structures Providing a public telenhone communications service. 4. Reference is made to the following documents and site plan information submitted for the record: (a) Certificate Of Occupancy IZ17295 issued by the Building Inspector on September 13 , 1988 has been Provided for the existing electric shop of Arthur v. Junge and building. (b) Certificate of Occupancy #zlag8l issued by the Building Inspector an 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 b uilding 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 proP_ erty_ line. ( e) also proposed a stockade fence along the northeriv and easterly sections ' of the proposed radio equipment storage Suilding; U (f) other site Plan elements will be provided as may be determined by the Planning Board under its simul,,..- aneously pending site plan application {see PB letter of 11/7/91� . (9) New York SMSA Limited Partnership and N7fNEX have furnished information for the record concerning' its licensing as a public utility to provide cellular radio transmiss * - ion 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 6b _ 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 UDon any future proposal of this applicant or owner( s) to transf' er or assign this authorization, subsequent application to this Board must be filed for consideration. 5 . - Also noted are 'the following data: Pdge 3 - November 21, 1991 Matter of NYNEX/ARTHUR jUNGE, INC. Decision Rendered November 21, 1991 ( 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 f.,- . structure for computer equipment storage, and transmitting/receiving antenna-tower structur both of which are incidental and necessary to operate a wire'line telephone communications use. The top of th- e tower is 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the too. There would be two whip antennas that are 10 ft. above �hat, 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 'Cower 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 -his board and the regulating commissi ons, an this site in order that appropriate criteria may be evaluated, including engineering data relative to wind priessures, wind loads and other safetv 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 130 mph and wind peaks of 190 mph or more ( suf i ficiently mounted with wires and brackets capable to support these pressures) . 6 . Article XIII, Section 100-130 of the Light Industrial (LI) and Light Industrial-" - authorize this type of t Office (LIO) Zoning Provisions e 1 e q0_T M- un-i—c Alt e by -Special E.xc_-,p_t1 a n. T-he use of this proposed monopole tower and accessory equip�ie—EE-*'st6Ta4�i--Biii:fcTEE9-..-'WdiiTd---Ei�iclude",--'t6*'-'some ex'tent-,—telephone"'exchanges- Although a telephone e-x' change is listed as a .permitted use in the Light Industrial (LI) Zone District, this application for public utili uses doe tY structures and s require a special exception as provided by Article XIV, Section 100-141B( l) and Article XIII, Section 100-131B( 4) for 11 . . . 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, 'he Board Members have also considered Sections lbO-264, subsections A through P, and have found and determined the fallowing: Page 4 - Appl. No. 4062 *'- MatEer of NYNEX Mobile Cbmmunicatio' ns/Junge 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'Drevent the orderly and reasonable use of permitted or legall-y 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, with the character of the- neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance and the fact that the property is bounded on the nort� by the Town Landfill' , south by a major dual-lane highway, and bounded by other properties also located in the Ligh"k -Industrial Zone District. � NOW, THEREFORE, on motion by Mr. Goeh.ringer, 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 NYN`EX/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 oi- this Pagp 5 - Appl. No. 4062 - Matter of N'-,-NEX 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. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) . This resolution was duly adopted. Ik GERARD P. GOEHRINGER,'CHAIRMAN -7CEIVED AND FILED BY THIZ SOUTHOLD TOWN CLZRIK DATE/-�-/l/l / l/ HOUR /0 -'/OAV� Town Clerk, Town of Southold ronra Pit). TO IVN 0[-. so IjTrio ro BOILDIN(-, DEPAIMMUNT TOMN C 1,C'rZ K',S 0 F F I C E SOUTHOLD. N.Y. NOTICE OF D[SAPPrZOVAL Date . . . . . .AUGUST 15, To A�q-. .(AGENT) NYNEX MOB . . . . . . . . . . . . . . .. 19 "9 1 218 FRONT STREET BOX 562. . . . . . . . . . . ILE COMMUNICATION (LESSEE) ARTHUR JUNGE, INC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GREENPORT, N.Y. 11944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that Your application ciatcd AUG. 13, m .91 for permit to CONSTRUCT MONOPOLE RADIO TOWER 6, EqUTP,%fEN-T .3-U.T.T.-D.T.N.G. Location of Property 2 1 8 5.5. coU' ROAD 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 t ,��U*se* ;V'a. . . . . . . . . . . . . . . . CUTCHOGUE, N.Y. County T3x j%lap 1\10. 1000 Section 96 . . . ... . . . . . .Hjrr_yie� Subdivision . . . . . . . . . . . Block- . . . . . . . . . Lot .�9..I. . . . . . . . . . Filed I%fap No. . . . . . . . . . . . . . . . . Lot m). is returned and disapprovc(l on the follo%virl" groiiwis XIV . . . . . . . . . . . . . . . . . SECTION 100-142 PROPOSED CONSTRUCTEON vILL HAVE INSUFFICIENT S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . rDE TARD AND REAR YARD SETBACKS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLAN APPROVAL IS AC TION REQUIRED By THE ZonItIG BOARD OF APPEALS AND SITE. ,R-EQUIRED BT- THE PLANNING BOARD. . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * ­ . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THOMAS J. FrSHE'R RV I/So Af lop - __ i I lip., 1.1.71 , ... �. I . I T � I - . � I I I � ,11, I I I � .,'., � �- I .. 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SITE PLAN CON37 10, CONSULTING ENGINEERS 81 SURVEYORS IRUCTION MGP,: . REVIEWED AND APPROVED BY JGR OF PROPERTY IN LYNBROOK NEW YORK RRDI0 ENGINEER: WITrI52-4-91 FIREVISIONS REVIEWED AND APPROVED BY S CTURRL ENG: Felm E . MATTITUCK TRU�_ CHECKED BY RICHARD H. SCHROEDER JR. P.E.042782 SUFFOLK CO., N . Y. .JGR SURVEYOR DATE X". JUENGERT GRI. "SnrTPITES. P.A, MAP NO. 91010 DATE: JAN., 1991 R.S KNAPP CO ze iA APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairtnan Charles Grigonis,Jr. Town Hall,53095 Main Ro'ad -Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. 'Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 20, 1991 William D. Moore, Esq. Clause Commons Suite 3 , Box 23 Mattituck, NY 11952 Re: Application for Special Exception/Inte'rpretation/Variance ;Cellular Telephone Co. d/b/a Metro one Dear Mr. Moore: This letter will acknowledge receipt by our office of your recent three-fold application for: (1) a determination as to whether or 'n' ot the, structure and use as proposed meets the requirements for a Special Exception under the residential provisions of the Zoning Code, to wit: Section 100-31B of the Agricultural-Conservation Zone Districtf as referenced in Section 100-81B; (2) an Appeal for an Interpretation regarding appli- cability of the height restrictions for the proposed tower at a height of approximately 10A feet from ground level, and the question of an exemption under Section 100-230D; (3) and if a variance is deemednecessary, an appeal for relief concerning height of the tower as an alternative. Our office has also agreed to recommend a return of $200. 00 which was applied toward the variance from the $500.00 filing' fee, after a public hearing under the appeal for the interpretation, if the Board should determine that such. a variance was not necessary Also, this filing should not be construed as a waiver of this board's jurisdiction to determine whether or not this project is a use authorized in the Limited Business or Agricultural-Conservation Zone' Districts. As you recall, our previous letter dated March 4, 1991 indicated that a telecommunications use is not listed as a permitted use, by. Special Exception or otherwise, in the Limited Business or Agricultural-Conservation Zone Districts, and further reference was made to the principal uses, by Special Exception, listed under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area"- as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of the Order, and if this order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly,. GERARD P. GOEHR1i9GER CHAIRMAN lk F at T APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor 4r, Gerard P.Goehringer,Chairtnan I --�z 1 -. % Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 4, 1991 William D. Moore, Esq. Clause Commons Suite 3, Box 23 Mattituck, NY 11952 Re: Application for Special Exception Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge review of your recent Special. Exception application left with our office on February 22, 1991. It is our understanding that you do not wish to file the Special Exception application if there is a need for a variance concerning the height of the principal antenna building, which is at approximately 104 feet above average ground level, and that you are in the process of requesting a determination or Notice of Disapproval from the Building Inspector, which has not been furnished with the Special Exception documents. Pursuant to Article XXVI, Section 100-262 of the zoning code, we are returning your Special Exception application forms requesting telecommunications building (antenna) and change of principal use to permit telecommunications for the following reasons: a) Telecommunications is not a use permitted in the Limited Business or Agricultural7Conservation Zone Districts (see Light Industrial Park/Planned Office Park LIO Zone District' regulations) ; b) a written determination by way of a Notice of Disapproval from the Building Inspector concerning conformance or nonconformance with the zoning code has not been furnished as J�Page 2 March 4, 1 1 To: William D. Moore, Esq. Re: Cellular Telephone Co. required in the filing of applications to the Board of Appeals, for either a Special Exception or Variance (please see instructions sheet with ZBA form packet and Article XXVI, Section 100-262A) ; c) a Notice of Disclosure for the applicant-corporation, Cellular Telephone Co. , must be provided; d) a Consent from the property owner authorizing the applicant-corporation(s) to file the subject application must be provided. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Building Department Planning Board TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Metro One c/o Moore & Moore I (We) , Cellular Telephone Co. d/b/a of P.O. Box 23 (Residence, House No. and StreetT_ Mattituck, New York 11952 298-5674 (H.amlet, State, Zip C de, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE viii SECTION 100-81 SUBSECTION (B) (1) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : Property with Suffolk County Tax Map #1000-108-4-11. 3 (Northwest of intersection of Elijah' s Lane and Main Road (NYS Rt. 25) , Mattituc. k Proposed use is a public utility unmanned telecommunications building to be located in existing concrete block building and construction of 104 foot monopol6eantenna. A. Statement of Ownership and Interest. Wi Imm Bffdt,,f:jr ,I lers _ft(are) the owner(s) of prope�t�-known- re eVftd -to--as Elilah ' s Ta k (Hou-se No. ,_SPr_eretM,_Hah:_1et) , identified on the Suffolk County Tax Maps as District 1000, Sectioh' 108 , Block 4 Lot(s) 11. 3 which 9Y-4M (is) on a subdivision Map (Filed 9 "Map of i3liam aaxter Filed Map No. 8937 and has been approved by the Southold Town Planning on April 9 , 1990 as a , lot line change and merger The above-described property was acquired by the owner ong,-- rIL-t-fic; xhi i t 'A B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons:Applicant will use existing concrete block building to retain established compatibility of structures with surrounding- properties. Proposed antenna will be located in a wooded area; all trees will remain on the property to minimize any visible impact. Building will be unmanned resulting in no traffic impacts. Proposed use will not affect the ordinary and reasonable uses of neighboring properties. C The property which is the subject of this application is zoned Limited Businessand is .consistnt with the use(s) described in the Certificate of Occupancy being furnished herew i th. Lx I is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : change of use and zoning has changed several times since certificate of ,occupancy issued is vacant land. COUNTY OF SUFFOLK) Cellular e honp Co. d/b/a Metro One STATE OF NEW YORKj ss' : By: (Si grlatlure-)' _��/�7 W1 11 iam D. Moore,, Att/or y for Sworn to before me-this day of 7 7/ Applicant o t a�ry �ui DORIS MARIE HARAM ZB2 (rev. 2/6/86) NotarY PuHc�State of New Yotk No.5046=06-Suffolk County Commh,.A-M 6pires AprH 3o,19'91 ry"RVItAnd-do aww""d 2 vhh r_-jft0JLdNft GmmWg A4% GONIKT T04M LAWM 11WOU $"NO THIS URMUIAW—TM 10#3, V~ SpMLO K sm IT LAWMS OULVI "`1 ... .- U. R. mn , 1!1. umfiuu THIS 11400MR11. made the day of nineteen hundred and siAy.u..me ti 81TWM PROGL'I 1 cor, rat on C/o 57 Park Avenuep Bay More rk New To P X.Y. Party of the first part, and WILLIAM J . RkX'-'ER.. resicling at 22" ftimr,AW.9. ]few RQCheli and JANE P. GORT-TER, Birch Lane, Greenwich, Conn. Recorded on May 2, 1961 in Liber 4980 at page 507 party of the second part, WITNISSITH, that the Party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does-hereby grant and relea" unto the party 01 the wond part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or,parcel of land, with the build' d wovements. thereon erected situate, lying and being in the 14amlet of Mattituck, in'n?7ea' f Southold MIN Suffolk and State --)f Ney, 'York Tcwn o , County ok bounded and �Iescribed as followsr I BEGINNIN(i at a moniment set in the ground at the intersection of the northerly line of Main State hoad, .with the westerly line of Elijah's Lane; running Ina'CE along the said northerly line of Main State Road north W4 degrees 45 winutea -40 seconds west 395*38 feet to'a monument seL in the ground at an angle in said line of Main State Roadl I THENCE still along said northecly line of gain State Road north 85 degrees 36 minutes 30 se-­)nds west 3149 teet to the easterly line of land of John J. McManus; �H6; 11; I [T.H�YGE along land of ssirl :-Alr- j . McManus, north 1,) legrees 07 m4nu:.es 00 seconds w at Idl.'19 feet to the ciutherly line of "A- d of Martin 7ij,a; —HENCE along said southerly line of land of Martin Filln .north '7 degrees 06 minutes UO seconds east 357.h6 feet to a monument set in the ground on the westerly line --of Elijah 's Lane; and ..TH1ZNGE. Along the westerly line of Elijah 's LAne south 25 deirrees 09 minutes 10 seconds east 320-50 feet to the point'or place of beginning. NLL TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premisft to the center lines thereof; TOGETHER with the P"I ap urtenances and all the estate and rights of the party of the first part in and to said premises;. : T� HAVE AND TO HOLD the premises herein "ted unto the party of the second part, the heirs 0 or successors and assigns of the party of the second part forever. AND the party of the first pad covenauts that the party of the first part has not done or any- th;g whereby the said premises have been encumbered in any way whatever, except as aforesaid. A the pariy of the first part, in compliance with Section 13 of the Lien Law,covenants that the.party of the first part will receive the consideration for this conveyance and will hold the night to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any p the total of the same for any other purpose of, The word "party" shall be construed as if it read "parties" whenever the sense of in requires. A*'e IN WITHIESS V011210P. the party of the first part has duly executed this deed the above written. IN ftzsZKCZ OF: PHOCAN,, INC. LU 0 1 a" 4 bv Harr antor., vice—p C017Y Standard N.Y.B.T.U.Form RD07-7-7^'^'1—Bargain and Sale D"d.with Covenant against Grantor's Act%—Individual at Corporation. CONSULT YOUR LAWYER MORE SIGH114%. IMIS INSTRUMENT—THIS INSTRUMant' SHOULL jE USED By LAWYERS ONLY. THIS INDENWRE, made the 2ma day of April nineteen hundred and 6QV=" ridiMS BETWEEN ymam air residing at 31 110h0Pn R0ad*La=b=t9 Now York 10538 6 12o&D Z� 49 party of the first part, and is TER, Jno IMLd P T his wife residing at 31 llohe&an Hoaa -Ux--chL=tq Now lork. Uumw As 2�v �-02. TAirr,_M- . C-C=— -Mq his wile, residing at Birch'Iene �-'o M1MbGr)* party of the second part, on 012d 00/1-- VVrMF—%SETH, that the party of the first part, in consideration of dollars, lawful money of the United States, and other good Md valUable CMBIAOraticn paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, = at Mattituckl, in the ToWn Of Southold,, COUntY Of lying and being in Me Suffolk and State Of NOW TOrki bounded and described aa f0110W81 mEGnamG at a concrete r-onumentt set in tba ground On the Northerly line of the klain or State Road, Said MonU=Ont being located r3,T from the Westerly line of Elijah's Lanej as 426.87 feet; V08t0 �,,Fi the same intersects the said Northerly side or line of Min Or StatO Road; running th8M9 along the Northerly line of Said rkn or State Road, Voy-th. 65* .716' 30" Vqet 6000 feet; to a concreta mMUM Ont set in the E;rowd and beinG the BasterlY liU0 0-f land fo--rerly owned by Clarence TUthill. and PalPh Tuthill; n=nir-9 ttLence Northerly and along said land fo=erly of Cla3mnce r- .Luthill and Ealph Tuthill North 200 441 00" West 164*41 feet to Q COn0r6t0 MOnUrAMt SOt in the groMd, running thenae Easterly and still along land fOrMtV Of Clarence Tuthill and Ralph Tuthill North 770 06' 00" East 60 foot to a concrete monument set in the ground old land now or formerly of Willian L, StriCkland; running thwee Southerly and almg the Westerly line of imid now or formerly Of said William L. Stricklaa south ige or ooll rast 181,,79 foot tO 8 ccr—erste m=1MM'1%"# set in the s"a IM111t beiM tba Nortbjsr]j ling of said Main Or Ststs pAad, the point or place of BEGIMWG* BEWG AND INTEN TO BE the 88mG Premises conveyed to the Party of the first part by deed dated November 4, 1970 and recorded in the Eluffolk County Clark, g Office in TAber 6848 OP 597. TOGETHER with all right, title ac,nterest, if any, of the party of 1 , -,'rst p2r i and to any streets and roads abutting the above described premises to the center lines thereof, t and to TOGETHER with the appurtenances and all the estate and rights of the party of the first par in said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part �as not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of thefirst part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- vement and will apply efation as a trust fund to be applied first for the purpose of paying the cost of the impro the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. so requires. The word "party" shall be construed as if it read "parties" whenever the sense of this indeniure IN VVrITOM VMEREOF,the party of the first part has duly execui6d this deed the day and year first above written. IN PRESENCE OF: a OF NEW TOM Cowry OF STATE OF HIEW YORX C rToF A the �nd day of A ril 1971, before me On the day of 19 before me ,mrsonally came W=-&H J. BAX=q J& personally came to me known to be the individual described in and who to me known to be the individual described in and who executed thhe foregoing instrument, and aclmowledged that executed the foregoing instrument� and acknowledged that executed the same. executed the same. Ir OU3?7 XUDIU STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK.COUNTY OF On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of the corporation described of the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. tion, and that he signed h name thereto by like order. pargain anb *ate ;Betb SECTION WITH COVENANT AGAINST GRANTOR'S ACI'S BLOCK TITLE No. LOT COUNTY OR TOWN SOUT=D WILLIM is BAXTnt M TO Anrl"rm WILLIM is WA"% JR* and PATRICIA Recorded At Request of The Title Guarantee Company BAR I —"%- —11- - A. G=1=1 M Ond JAM P; MUM RETUILN BY MAIL TO: STANDARD FOILM OF NEW YORK BOARD OF Ting UNDERWRITERS Dis�bwtod by MUM Wickbant Ear,- THE TITLE GUARANTEE COMPANY Min Rood Hattituckj NOVI York U9.52 Zip No. U W6 W6 0 13 z 0 2 Ge W6 0 2 ,-nLJ__. CONSULT YOUR ;AWYER(") IGNIV(_'HIS INSTRUMENT —THIS INL T SHC;e—'l 19 USED BY LAWYERS ONLY. LIBER 66M PAE 5% THIS INDENTURE, made the 10th dayof Ge tobe :r, nineteen hundred .and sixty-nine., BETWEEN MARTIN FILIA, residing at Mattituck, Town of Southold., T.. T. T. -M!- J�_L L a) Suffolk County, New York, ;��T.� -C* ...... . ....... party of the first part.and WILLIAM J. BAXTER, JR. and PATRICIA BAXTER, his i wife, as tenants by the entirety, holding a one-half undivided interest, both residin­ at Nassau Point' Road, Cutchogue, New York, and ROBERT A. GOELLEI� nd JANE P. GOELLER, ,his wife, as tenants by the entirety, holding a one-half undivided interest, both re- t t) siding at Haywaters Road, Nassau Point, Suffolk County, New York, LA- party of the second part, WITNESSETH. that the party of the first part, in consideration of Ten and 00/100 . . . . . . . . . . . . . ($10.00) . . . . . . . . . . . . dollars, other lawful money of tile United States, and/good 'and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or ,A;. successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, ivith tile buildings and improvements thereon erected. situate, lying and being kAx at mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly line of Elijlah' s Lane distant 320.50 feet northerly from a monument at the intersection of the westerly line of Elijah' s Lane and the northerly line- of Main Road; THENCE from said point of beginning the following seven (7) courses and distances: 1. South 77' 06' 00' West 417.46 feet along lands of William J. Baxter, Jr. ,, et ano. , and. McManus to a monument; 2. South 20* 44' 00" East 164.41 feet along said lands of McManus to a monument situate onthe northerly line of Main Road; 3. North 85' 30' 4011 West 69. 74 feet along the northerly line of Main Road to lands now or formerly of Joseph Neville; 4. North 23' 08' 10" West along said last mentioned lands 161.95 feet to a poit and lands now or formerly of Anjef Associates, Inc- ; 5. North 23* 52' 10" West along said last mentioned' land 101.47 'feet to the northwest corner of the premises herein described; 6. North 700 30' 50" East 475.-60 feet along lands of Anjef Associates, Inc. , And Maston to a pipe situate on the west- erly line of Elijah' s Lane at the northeast corner of the premises herein described; 7. Thence South 25* 09' 10" East along said westerlyline of Elijah' s Lane 175.50 feet to the monument at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises and more conveyed to Martin Filla by deed from Ralph W. Tuthill and Laura F.- -Tuthill his wife, dated September 7, 1954, and recorded Septembet 8, 1954, in- the Office of the. Clerk of the County of Suffdk, in Liber 3754 cp 249. CAR6639 ?a 537 TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first-part will receive the consideration for this conveyance and will hold the right to receive such consid- eratio.n as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the impro'venient before using any part of the total of the same for ahy other purpose. The word "Party" shall be construed as if it read."parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN RESE.-NCE OF MArtin Filla "1639 PAGE.538. STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: STATE OF NEW YORK, COUNTY OF On-the 10 th day Of 0 C't o V ex 19 69 , before me On the day Of 19 before me person2lly Came MARTIN FILIA personally came to me known to be [he lndj%,IdU2] described in and who to me known to be the individual described in and who execured the for ent, and ac- e ge at executed the foregoing instrument, and acknowledged that he exec I Me. executed the same. p,jCHJkRD J-CRON t of N.Y. p,blic iA the �"' Ounty "O'a7 - i.--s biar.30, N. 2-,-S6Vn Su"()lk C my colnission F­'Z' STATE OF-NEW YORK, COUNTY OF ss.: STATE,OF NEW YORK, COUNTY OF ss.: On the day of 19 before me On the day Of 19 before me personally came personally came to me known.who,being by me duly sworn,did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly char he is the sworn, did depose'and say that lie resides at No. of the corporation described that he knows in and which executed the f(W.egoing instrument; that he to be the individual knows the seal of said corporation; that the seal iffixed 'described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that lie, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same-, and that he, said witness, rion, and that he signed h name thereto by like order. at the same time subscribed h name as wimess thereto. >4 #alp Derb SECTION With Covenant Against Grantor's Acts BLOCK Title No. aS-�'4Y 0 LOT COUNTY OR TOWN >4 MARTIN FILLA TO WILLIAM J. BAXTERJR. and ux, and Recorded At Requed of ROBERT A. GOELLER and ux: INTER-COUNTY Tille Guaranty and Mortgage Company RETURN BY MAIL TO STAMARD FORM OF NEW YORK IOARD OF TME UNDERWRITERS Didribulad by INTER-COUNTY TITLE GUARANTY William Wickham, Esq. and 31ORTGAGE COMPANY Main Road CHARTERED 1927 IN NEW YORK Matt ituck, N. Y.. 11952 ZIP'No. La OCT, 14 j989 C, 2 '03 ;e�2m. C.", L. . . . LES-TER M. ALSERTSOM Clerk Of SUM& Comty 13 t*4 �lk ri RIWIS� "'W FOR PIRCtL.ME, SE SEC. NO, 101 SEE SEC SEE SEC.HE, SEE SEC. W.101 ME MATCH LINE NO 101 101-02-0..' LINE MATCH _Z_ ___L-I-HE �!ATCH_z LINE _--mATCH z z FOR PARCEL NO. SEE SEC. HE,W, 0 12.'GA(cl o 2JAW & 7.41AICI gn '61 ((DD b 2 -2'Ald T.2o 3 3 gA(,) 7.17 4 czi Q, .4A(.) 7.14 A Ir @.3 13 WE 14' v .5. AW 5.1 CIL.. .20 AW 5.12 7.9 4.31*) T.1 4OAW 5.10 �;O._ T. 41,1 II.w 4.DAI, 0 r.4 5.8 .1 25...(.) 13.9 4JAW 2.�AW IAk) S Ft.Zs P..EL FOR PARC L NO. FOR PARCEL NO. FOR PARCEL NO. ­A(d ti FO PARCEL NO SE SEE SEC -111-02-OD2.1 SEE SU. SEE �-1.1-02- SEE SE-0.115-02- SEE SEC 00, uHi Z z z 010 RD. *All -Z- z u GREENPORT MAT"T .....—I- WCT.OW Legend KEY MAP @ COUNTY OF TOFIN OF SOUTHOLD— SUFF 1 0, 1 Real Property Tax Servii�LA�gency VILL-AGEC4, 108 IT.—.. COUTIly CvnI@r 1000 1.7 Ri—IT.Od,L.I.,N..YOA PRO MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary February 22, 1991 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: SCTM # 1000-108-4-11.3 Special exception / Metro One Dear Chairman Goehringer and Members of the Board: Enclosed please find an application for a special exception use for a public utility telecommunications building and monopole antenna. This application is made pursuant to Article VIII section 100-81 (B)(1) [section 100-31 (B)(6) which is incorporated into 100- 81(B)(1)]. Enclosed please find the following: A. Application (in triplicate) B. Notice to Adjoining Property Owners with receipts C. Environmental Assessment Form D. ZBA Questionnaire E. Certificates of Occupancy F. Deeds G. Site plan; property survey; 500' radius map, outline and topographic survey; architectural plans and details; electrical and mechanical plans; and specifications / details (4 sets) H. Filing fee - our firm's check #1707 in the sum of $300.00 1. Authorization letter p. Application for site plan approval has been submitted to the Southold Town Planning A-XF Board simultaneously with this application. Please advise if there is any additional information you require. Very ou %oor-e---, WDM/mr Encls. cc: Lynne Lorimer, Metro One John Toscano, Carmen & Dunne TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Metro One c/o Moore & Moore I (We) , Cellular Telephone Co. d/b/a of P.O. Box 23 (Residence, House No. and Street) Mattituck New York 11952 298-5674 (�amlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE viii , SECTION - 100-81 , SUBSECTION (B) (1 ) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : Property with Suffolk County Tax Map #1000-108-4-11. 3 (Northwest of intersection of Elijah ' s Lane and Main Road (NYS Rt. 25) , Mattituck Proposed use is a public utility unmanned telecommunications building to be located in existing concrete block building and construction of 104 foot monopolb,,--antenna. A. Staterhent of Ownership and Interest. �4 (are) the owner's) of :1.1 71 _q Bffdtp-a Jz: apd rF others r-t- FrIo1w, fer"re-d-toas prop y 110 n Eli �ah ' 2 Lane , Mathjhl�r_k (Ifou'se-No. , Strelet, Hamlet)— identified on the Suffolk County Tax Maps as District 1000, Section 108 , Block 4 Lot(s) 11. 3 , which lr,9�4M (is) on a subdivision Map (Filed —STI 5 9 0 "Map of' TR i I I i am Baxte-r " Filed Map No. 8 917 and has been a-ppr-oved by the Southold Town Planning Board on April -9 , 1990 as a lot line change and merger The above-described property was acquired by the owner onspp at_tarbp 'A � _d deeds Fxbi it B. The applicant alleges that the appro.val of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons:APPlicant will use existing concrete block building to retain established compatibility of structures with surrounding properties. Proposed antenna will be located in a wooded area; all trees will remain on the property to minimize any visible impact. Building will be unmanned resulting in no traffic impacts. Proposed use will not affect the ordinary and reasonable uses of neighboring properties. C. The property which is the subject of this application is zoned Limited Businessand is .consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. Lx I is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : change of use and zoning' has changed several �imes since certificate of occupancy issued is vacant land. COUNTY OF SUFFOLK) Cellular4T"ehonq Co. d/b/a Metro one STATE OF NEW YORKj s s By: y i g t�l a ttlu Ird T r 'William D. Moore, AtIzor Sworn to before me this day of Ap P 1 i c a:! o t a�ry DORIS MARIE HARWON ZB2 (rev. 2/6/86) WtW Puorm,Stnte of New York N0-51AM206-Suffolk C&in BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of MEtRO ONE NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 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 WA�i4mR) (Special Excepti-o-n) k&pxdadAkffftbQ (Other) (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: -Suffolk County Tax Map #10-00-108-4-11. 3 Elijah' s Lane northwest of intersection of Elijah' s Lane and Main Road (NYS Rt. 25) 3. That the property h* his the subject of such Petition is located in the following zoning district: Limited Business �LrBlc) 4. That b� such Petition, the undersigned will request the following relief: Special exception -approval of unmanned telecommunications btildina in existing conctete " bl_Qok. building and GE 104 f.QQ+- I�GnQPQIQ aptanna 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article VIII Section 100-81 (B) (1 ) 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 I wili. 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) 7�5-1809. 7. That before the relief sought may be granted, a pub'lic 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:_ Pt-�)r;�iar�z 21 1 1 Petitioner Metro One Owners ' Names:_ /0 Moore & KQore Post Office Address Clause Commons , Suite 3 , P..O. Box 23 Mattituck NY-. 11952 Tel . No. 516 ) 298-5674 �Copy of sketch or plan showing proposal to be attached for, convenience purposes . ] - PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Riverside, CT 06878 Mattituck, NY 11952 M CD reet, Greenport, NY 11944 (X Ln (X Southold, NY 11971 M �c ru LL �4 C Z, E ;re.enwich, CT 06830 4-) (1) E- ru W 0:? Jane, Mattituck, NY 11952 Ln QC 0).? CA.. C P. Q) (D F.z LL. 0 (1) LL M LL. C 1 10 LL 0 CD 0 Ir fli N 8 -15, Z.,a �A, .r. '0-1 :�, > 0 aj2 _­2­ & c .CL'O. cc �4 U > (D .6.0. .5.0 Z1, LL .0: CL B Q 10 a..:, , 0 C� 10 a) (r E cr W I Eo to El 2 �6 < E 0 zi w 0 0 Cnm a- 11 L) V) Ir cr S? irc SSS-VCZ-�BU-o-d-s-s-w- 986& ounr'009E WJ0=1 Sd CD cy, CD Ln C3 CA M ru LL Z, ;=w z" 'n E �2 ru W.-- a) Z Ln L) V 0 cc (D a) M 0 1b 4) LL LL LL (1) a) po Nr LL C W 1) .0 > ac B.-b z 24J CU > 6< 0- C. rq LL 8 -at 'U 4J la Q)Ca G)" 0 0 J CD 1) fr E CC C a. LLJ r_4 S? ._T0 Z cc V C 0 C M dM - �5 ai < W �C E .tz 0 0) V5 CL V.5 '0 0 n SSS-M-686L-o-d-o-s-n,,L aunr 'ooec WJO=l Sd .STATE OF NEWYORK ss.: COUNTY OF SUFFOLK) Margaret Rutkowski residing at -Th erp sa n-ri x7a Ma tt i tije-k NY being duly sworn, deposes and says that on the 2.2nd day of February 919 91 deponent mailed.a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the,Town of Southold;that said Notices were mailed.at the United States Post Of- fice at Mattituck, NY - that said Notices were mailed to each of said persons by (certified) (%ZiAtff&O m.ail. �arga(6ret Rutkowski Sworn to befo I re me this 22nd day of y 'ea -19. 9 1 V61VUltirly L Public WILLIAM D.MOORE Notary Public,Sta*e of New York No.4832728 Qualified in Suffolk County Commission Expires January 31,19996" (This side doe� 'not have to be, .c.ompleted on form transmitted to adjoining property owners . ) 475.60 4.6 J> -3-355 LA to 83.4- LA GAR Ln FF'EL Lo 201 f'F- 2!�EAD 33.00 STORY FRAME +1 BARN GAR L4 W FF EL 32-5C PROPOSED 100' HIGH .09 MONOPOLE GAR .'30 AREA - 80495.5 S.F. - FF EL 1.848 ACRES 32-77 tA o 2.99 1 o 0 51 PROPOSED UNMANNED 5.0' PROVIDE (2) 8.5'x 20' GAR TELECOM. EQUIPMENT PARKING SPACES FF EL ROOM IN EXIST. BLOCK I cli 3319 LA BLDG. y 33.09 I Ln PROPOSED 10' Wily -..b -3 LID fli -LB 0 "ED WIDQ GRAVEL DRIVEWAY, ZONE 2051 .119 PROPOSED 6.0' HIGH (SEE SECTION 2 16a)% 0. CHAIN LINK FENCE (INSTALL FENCE TO CLEAR 17 EXIST.TREES AS REQ'O.) 25 0: 4.34 u D nr j Lo 0 00- 321�1 .3200 00 133 r4) W 29.41 1= w c 51 -0 Z40 BLUESTONE Ln :z 48b. 05 8 -S 5 5' 12"W 7 CONC DRIVEWAY- iR0IECT!.D..NUM8[It.'- NEWYORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF RtCLILATORY AFFAIRt A& Lx Slat@ Environmental QUglily h@vlgw SHORT ENVIRONMENTAL ASSESSMENT F011M For UNLISTED ACTIONS only PART I Project InIoTmEltion(To be completed by Ap PlIcant or Project sponsor) 1. Applicant/sponsor 2. Project Name 3. Project location: t-P 2 Municipality Town of Southold 4. Is Paosed action: County Suffolk New 11 Expansion El Modificationfallerallon 5. Describe Project briefir. . Reconstruction* of existing one story concrete block building for use .as unmanned telecommunications equipment room and cons'truction of 104 foot high monopole antenna a. rreciie location froad Intersectio Northwest corner of intersection of Elijah Lane and State Route 25 Suffolk .County Tax Map #l000-108-4-11_1 7. Amount or land affe2ed: . Initially acres Ultimately 2 acres 8- Will proposed action comply with existing zoning of other existina la Yes No 11 No.describe briefly 9. What is Pre9pnt land use In vicinity of projectr Residential Industrial 10 Commercial Agriculture Describe: rarklandlnprn space Other .South of proposed site predominantly agricultural use Abandoned auto repair -shop abuts premises 1 A nri lu. Does action involve a Permit/aPProval.or fun Ing.nnW'or ultimawy. ji-j- -4— from any"tiler governmental agency(Federal.state or-local)? El NO If Yes.list allency(s)and permitlapproval Suuthold Town Planning Board - si�e Plan Suffolk County Planning Il..Does any aspect of he action have a currently valid Permit or approval? E] yes No It Yet.list agency name and permit/ppproval type 12. As result of Proposed action will existing permitiapproval require modification? yes 12 No I CERTIFY TIIAT THE INFORMATION PROVIDED ABOVE IS iRUE To Tilt BEST or MY KNOWLEDGE Applicant/spons r n Date- 2-21 -91 Signature: At--t--orney Y---fQX____AP_PlJxant .11 the action Is In the CO,-Islil Area, and you are a State agency, cornplels,the "I act' Coastal Assessment Form before proceeding with This a OVEn The N.Y.s. Envir Onmental Quality Review Act requires subm' of this form, and 11 environmental review will. be made Jy th, isslon before any action is taken. S L)oard SHORT ENVIRONMENTAL ASSESSMENT FORM INSTIUCTIONS- (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information'concerning the project and ihe likely impacts of thei action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (di Environmental Assessment 1- Will project result in a large physical change to the Project site or physically alter' more than 10 acres of land? Tes No 2. Will there be a major change to any unique or unusual land form on the site? Yes No 3. Will project alter or have a large effect on 4. an existing body of water? Yes X-No Will project have a potentially large- impact on groundwater quality? 5. Will project significantly effect drainage flow Yes X No on adjacent sites? . Yes ',�� No 6. Will project affect any threatened or endangered— plant or animal species? 7. Yes X140 Will project result in a major adverse effect on air quality? —Yes X—N 0 8- Will project have a major effect on visual char- acter of the community or scenic views or vistas .known to be important to the community? —Yes KNO 9- Will project adversely impact any site or struct- ure of historic, pre-historic, or Paleontological importance or any site designated as a critical envircnmental area by a local agency? —Yes KNO 10- Will project have a ma"jor effect on existing or future recreational opportunities? -Yes ,?!�No 11- Will project result in major traffic problems or cause a major effect to existing transportat, systems? ion____Yes k NO 12. Will Project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. ance as a result of the project"s operation? —Yes XNO Will project have any impact on public health or safety? 14. Will project affect the existing community by ___�Yes directly causing a growth in permanent Popula- tion of more than 5 percent over a one-year —Yes period or have a major negative charactEr- of effect on the X-No the community or neighborhood? 1S. Is there pub ic rov sY concerning the P "4 ZL project? reparer's si' Yes X No gnature: Representing: 'he ZBA V/75 M�r n Date: LO 9 1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the, subject premises and a description of their interests: (Separate sheet may be attached. ) - William J. Baxter, Jr. Robert A. noeller. ' ,Tr- - PatKicia Baxter Jane C�oeller M tro One (tenant) B. Is the subject premises listed on the real estate market for -�- sale or being shown to prospective buyers? [ I Yes X) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? f - I Yes {XJ No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? n/a 3. Is the property bulkheaded between the wetlands area -and the upland building area? n/a 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? n/a E. Is there a depression or sloping elevation nearthe area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? no If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map As approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of -deeds. ourn,,&I &&vxy &a y� ,7-&,e �V, I. Please list present use or operations conducted at this parcel existing barn used for storage and proposed use teiecommunications building with Tn-tenna. Attorney. for Applicant A#hb�-Azdid Sighature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No.2-1976; 3-26- 85 by L.L.No.6-1985]: �I DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters.or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but-not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following- salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(l)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-25-85 TOWN OF-SOUTHOLD BUILDING DIF-PARTUENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. ........ Date .......... ................... ....... Hattituck TMS CERTEFE&S that the building located at Plijah!B..La. A. At.....25.,L...... Street MapNo. ....... ................ Block No. ........................Lot .1,40. ..................................................................... conforms Eubstantially to the Application for Building Permit heretofore filed in thLs office Z 1417 dated ............KaY_2)....................... 19.fi;� pursuant to which Building Permit No. .................... dated .......... �%Y ........................ was issued. and conforms to all of the require- mentg of the applicable provisions of the law. The o�_.cupancy for which this certificate is BUSnMS8 BU3LD3XG issuedIs ....... ............................................... .... ... .... ............................ ..... ...... ............................................ William J. Baxter, Jr. , & Jane P. Goller, owners Thiscertificate Is issued to ............................ ..................................... .... .................... ....... .... ... ..... (owner, lessee or tenant) of the aforesaid building. ..........." ...................... ..... Building in.�je r TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. ...,Z.....2172....... Date ............................. ......... THIS CERTIFIES that the building located at ................ Street X Mop No. ............ Block No. ..........X.X.-X. ...... Lot No. ..XX.........Matti-tuak-7......X,-Y.............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ..........................................Feb*.....9.� 19.6.5.. pursuant to which Building Permit No. .26.32..z dated ..............................Feb....21.......... 19-65., was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is ........ ...........33mlimsa.11d1ding............................................................................................................... The certificate is issued to .....WM,Baxter..Jr..*.&..jQthers...................Mexx........................... (owner, lessee or tenant) of the aforesaid building. ...................................................... ........ ............. Building Inspecto Obw*, rhw Aotftr eoWAAvr44rVh"W* January 21 , 1991 Southhold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, N.Y. 119,111 Southold Town Planning Board Southold Town Hall Main. Road Southold, N.Y. 11971 RE! Metro One Dear Ladies/Gentlemen; The undersigned, on behalf of Metro One, hereby authorizes the law firm of Moore & Moore to submit any applications and supporting documents which may be necessary for approval of Proposed telecommunications facilities and structures in the Town of Southold. Sincerely, Lynne Lorimer Real Estate Consultant Metro One 365 West Passaic Street, Rochelle Park, New Jersey 07662-3015 (201) 587-7886 3110-0-d13W 1,10'.�J:� 2-9 : 11 16 ,