HomeMy WebLinkAboutAlternative Sites Affidavit PLANNING BOARD: TOWN OF SOUTHOLD
STATE OF NEW YORK: COUNTY OF SUFFOLK
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In the Matter of the Application of Elite Towers, L.P.,
New York SMSA Limited Partnership d/b/a Verizon
Wireless, DISH Wireless L.L.C. and the Southold Fire District as
co-Applicants, and Budd's Pond Marina, Inc., as Owner, for all ALTERNATIVE
necessary permits to construct, operate and maintain a public SITES AFFIDAVIT
utility wireless communication facility at 61405 Main
Road (a/k/a N.Y.S. Route 25), Southold,New York, known and
designated as Suffolk County Property Tax Map No.: District 1000,
Section 56, Block 3, Lot 15 (the "Property")
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STATE OF NEW YORK )
ss.,.
COUNTY OF SUFFOLK )
TANYA NEGRON, being duly sworn, deposes and says:
1. I am the managing member of Elite Towers, L.P. ("Elite"), and in my capacity as
same, investigated potential locations for wireless communication facilities ("Communication
Facility" or "Communication Facilities") in and around the Property.
2. I submit this affidavit in support of Elite's,New York SMSA Limited Partnership
d/b/a Verizon Wireless ("Verizon Wireless")'s, DISH Wireless L.L.C. ("DISH")'s and the
Southold Fire District ("Fire District") Application (the "Application") to the Town of Southold
(the "Town")Planning Board in order to construct a Communication Facility.
3. The Communication Facility will be located at the Property, and will consist of
the following: (1) a new 150' concealment pole ("Pole"); (2) a rectangular, fenced equipment
compound (the "Equipment Compound") located in the northerly portion of the Property,
towards the rear and behind the existing building; (3) on the Pole, six (6) Verizon Wireless
antennas (three (3) sectors of two (2) antennas per sector), to be mounted within the Pole at
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centerline heights of 146'-1", and 141'-2" (three (3) antennas at each height), with associated
appurtenances including three (3) trilexers (one (1) per sector located below antennas); (4) three
(3) DISH antennas (one (1) per sector), with associated appurtenances including six (6) diplexers
(two (2) per antenna); (5) two (2) whip antennas with associated omni dimensional antennas
with top heights of 164'-10" and accompanying equipment; (6) within the Equipment
Compound, a 12'-0" by 20'-0" Verizon Wireless equipment area, on which will be situated
Verizon Wireless' equipment cabinets and nine (9) RRH units (three (3) per sector), situated on
top of a raised 8'-0" by 10'-0" prefabricated platform, with a 10'-0" x 20'-0" steel weather
canopy above and one (1) GPS unit to be mounted to one of the weather canopy posts; (7) also
within the Equipment Compound, a 8'-0" by 10'-0" DISH equipment area, on which will be
situated equipment cabinets, nine (9) RRH units (three (3) per sector) and twelve (12) diplexers
(four (4) per sector), situated on top of a raised 8'-0" by 10'-0" prefabricated platform, with one
(1) GPS unit to be mounted to one of the platform's posts; (8) within the Equipment Compounds,
a 8'-0" x 10'0" equipment platform with one (1) equipment cabinet; and (7) all other
appurtenances, equipment, cables, conduits and wires related thereto.
4. My role for Elite includes identifying potential locations for new Communication
Facilities based upon a need to remedy service deficiencies in a specified geographic area on
behalf of wireless carriers including Verizon Wireless and DISH, and when appropriate, for
public service entities such as the Fire District.
5. Among other information, I utilize input from wireless carriers' and the District's
Radio Frequency ("RF") Engineering Departments/consultants, including: (a) the location of
other existing Communication Facilities in an area; and (b) existing coverage in the area.
6. It should also be noted that the principal of the owner of the Property is William
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Wietzke, Deputy Fire Commissioner for the District, which also facilitated an appropriate
location for the District's installation.
7. Utilizing the aforementioned criteria, it is my responsibility to ascertain potential
sites for the construction of new Communication Facilities.
8. Several factors are used to determine if a potential site is a suitable location,
including the location, height and clearance for the wireless communication antennas. In
addition, I consider whether there is enough room to accommodate carrier(s) and public service
entity equipment at the candidate Communication Facility Property.
9. I also confer with carriers' RF engineers, who determine which location, or
locations, are suitable for a Communication Facility.
10, Thereafter, I visit potential Communication Facility sites within the subject area,
in order to identify a site that meets all of the aforementioned criteria, as well as meeting the
requirements provided for under a municipality's code and/or regulations,to the extent feasible.
11. Once a potential site has been identified, I determine whether the property owner
would be interested in leasing space to Elite in order to construct, operate and maintain a
Communication Facility.
12. With regard to the applicable municipal code and/or regulations in connection
with this Application, I reviewed, among other things, the Town Code which contains provisions
affecting Communication Facilities, as more fully set forth under Chapter 280, Article XVII,
"Wireless Communication Facilities" (the "Wireless Ordinance"), which regulates, among other
things, the siting of new wireless facilities, such as the Communication Facility contemplated by
Elite, Verizon Wireless, DISH and the Fire District herein.
13. The subject area in which Verizon Wireless, DISH and the Fire District are
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experiencing a service deficiency includes a limited number of parcels with sufficient size and
appropriate current land use. In particular, the absence of many commercially-utilized parcels in
the area eliminate much of the land mass in the vicinity from consideration. Further, due to the
overwhelmingly flat terrain with limited tall vegetation in the area largely prevents the ability to
fully screen the facility from the surrounding area.
14. In addition to my review of the applicable Code provisions, I reviewed the
Town's zoning map and aerial views of the search area within which Verizon Wireless, DISH
and the Fire District are experiencing a service deficiency.
15. Once a potential site has been identified, I determine whether the property owner
would be interested in leasing space to Elite in order to construct, operate and maintain a
Communication Facility.
16. Therefore, in order to locate a site that complies with the Wireless Ordinance, as
well as Verizon Wireless', DISH's and the Fire District's search criteria, I conducted a full and
complete investigation of all properties within the vicinity, including all existing structures which
can accommodate a Communication Facility.
17. Based upon this search, Elite, Verizon Wireless, DISH and the Fire District have
reviewed, and rejected, the following potential sites within its search area (the"Potential Sites"), as
evidenced below:
l& Port of Egypt Marine
62300 Main Road (a/k/a N.Y.S. Route 25)
Southold,New York 11971
SBL: 1000-56-6-4 & 6.1
Owner: Port of Egypt Enterprises
When Elite had first met with the owner several years ago, Mr. Lieblein, he had initial
interest and discussed options on his property. Elite even reviewed an additional property of his a
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short distance away from this site. However, after that initial meeting, follow-up calls and
emails went without response, including a mailed inquiry in March, 2016. Most recently, Elite
submitted a formal proposal to representatives of Port of Egypt Enterprises on March 31, 2022,
by certified mail, return receipt requested (enclosed is a copy of the same). Since that time, Port
of Egypt Enterprises has not responded to this request. As such, our understanding is that there
would not be a feasible way to locate on Port of Egypt Enterprises' property without the owner's
consent.
19. The Old Field Vineyards
120 Bay Home Road/59600 Main Road (a/k/a N.Y.S. Route 25)
Southold,New York 11971
SBL: 1000-56-5-1.3
Owner: Dekka LLC
Elite originally met with the owner Christian Baiz in 2011, After months of follow-up
calls and emails Elite never received a response, including a mailed inquiry in March, 2016.
Most recently, Elite submitted a formal proposal to representatives of Dekka LLC on March 31,
2022, by certified mail, return receipt requested (enclosed is a copy of the same). Since that
time, Dekka LLC has not responded to this request. As such, our understanding is that there
would not be a feasible way to locate on Dekka LLC's property without the owner's consent.
20. Brick Cove Marina
1760 Sage Boulevard
Greenport,NY 11944
SBL: 1000-57-1-38.3
Owner: Conkling Advisors, LLC
Elite submitted formal proposals to representatives of Conkling Advisors, LLC on March
3, 2016, and March 31, 2022, by certified snail, return receipt requested (enclosed are copies of
the same). Conkling Advisors, LLC has not responded to either of these requests. As such, our
understanding is that there would not be a feasible way to locate on Conkling Advisors, LLC's
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property without the owner's consent,
21. North Fork Animal Hospital
58605 Main Road (a/k/a N.Y.S. Route 25)
Southold,NY 11971,
SBL: 1000-56-2-2
Owner: 58605 Route 25
Elite met with the owner, Rob Pasciotta, and had conversations with his attorney back in
2010. Mr, Pasciotta eventually sent an email passing on the project and did not move forward.
More recently, Elite submitted formal proposals to representatives of North Fork Animal
Hospital on March 3, 2016, and March 31, 2022, by certified mail, return receipt requested
(enclosed is a copy of the same). North Fork Animal Hospital has not responded to either
request. As such, our understanding is that there would not be a feasible way to locate on North
Fork Animal Hospital's property without the owner's consent.
22. Elite also contacted the owners of the following sites, for which we never
received any response of interest in the Communication Facility:
American Legion
51655 Route 25
Southold,NY 11971
Southold Marine Center, Inc.
49900 Main Road, Route 25,
P.O. Box 1664
Southold,NY
Phone: (631) 765-3131
Fax: (631) 765-3147
E-mail:snic:lrM� ijkgj + pt, ailinen:ic�t
Platinum East Electric Inc.
47070 Route 25
Southold,NY 11971
631-765-9424
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Jamesport Country Store
1299 Main Rd
Jamesport,NY 11947
(Building next to it—owner Howard Waldman)
Long Season Farms
1017 Main Rd
Aquebogue,New York 11901
(631) 779-3360
Ken and Laurie Jurow
Bayview Market Farms
891 Main Road, Rt. 25
Aquebogue,NY 11931
631-722-3077
5629 Sound Avenue
Jamesport,NY 11941
631-722-4740
Woodside Orchards
729 Main Rd.
Aquebogue,NY 11931
Eastern Tire
15 Eugenes Rd
Cutchogue, NY 11935
23. Included with the foregoing offers to the above, specified properties, I also
undertook a review of the entire area to assess whether there were any other viable locations to
site the Communication Facility. In the vicinity there are primarily residential, agricultural and
parkland uses. Therefore, the above-targeted parcels are the ones that could best accommodate
the Communication Facility in the area.
24. It should be noted that this analysis is with an eye towards the apparent
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conflicting interests from a zoning perspective, where the potential impacts on surrounding areas
must also be taken into account when reviewing applications for wireless facilities. By locating
on the Property, Elite intends to site the Communication Facility within a location that would
provide service, and do so by employing the least intrusive means. Specifically, the Pole is set
back from Main Road, adjacent to the Long Island Railroad tracks running along the Property
line, followed by unoccupied land (part of the Paul Stoutenburgh Preserve). The existing
building will also offer further screening to the south.
25. The proposed Communication Facility at the subject Property meets all potential
site criteria based upon its location, wireless antenna clearance, network coverage, and
availability. Further, the owner of the subject Property is the only location where a willing
landlord agreed to enter lease negotiations with Elite.
26. Therefore, the proposed Communication Facility at the subject Property would
provide: (1) the least intrusive means to resolve Verizon Wireless', DISH's and the Fire
District's existing service deficiency; (2) adequate and reliable network coverage for Verizon
Wireless, DISH and the Fire District in the subject area; and (3) the ability to accommodate
additional wireless carriers who may collocate on the proposed Communication Facility.
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CONCLUSION
27, Based on the foregoing, I respectfully request that the Planning Board grant
Elite's,Verizon Wireless',DISH's and the Fire District Application in all respects.
ELITE TOWERS,L.P.
TANYA L-'G- '1�
Sworn to before me this the
day of October, 2022.
Notary
Louls Fernandes
Notary Pubft-State 01 riewwrk
X.01 FC6374706
ougOftd In Suffolk County
CmWcion Expkes April 30,20&,0
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