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HomeMy WebLinkAbout5287 Yikahao i 149 Ulood Ca4u 5.0 urjaa a, 3. °S-n"1 - tad T-4/03 cryto-b ilea ciivn,ataw (� E± (3111103 Qyt-i • w/cQ, sn , APPEALS BOARD MEMBERS � OS �C 1tisiA l' OGy�%% Southold Town Hall Lydia A.Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer ti = ; P.O. Box 1179 George Horning .F 1 Southold,New York 11971-0959 Ruth D. Oliva - a0�'��� ZBA Fax (631) 765-9064 Vincent Orlando =-791 �,�•'� Telephone(631) 765-1809 •� ""'' � http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 4cLo FINDINGS, DELIBERATIONS AND DETERMINATION AUG 2 7 2003 3:°°,42/ MEETING OF JUNE 19, 2003 Appl. No. 5287 - Warren Melhado efel2.40.24. uthQold To Clerk Property Location: 165 Wood Lane, Southold; 1000-86-6-2.3. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 71,039 sq. ft. parcel has 345.60 ft. frontage along the north side of Indian Neck Road and 203.55 feet along the westerly side of a private right-of-way. The property is improved with a two-story frame single-family dwelling with attached garage, as shown on the June 26, 1995 survey prepared by Roderick VanTuyl, P.C. for Warren K. and Edith F. Melhado. The house is situated +-106 feet from thee easterly property line, +-75 feet from the front property line facing Indian Neck Road, and +-43 feet from the northerly property line. BASIS OF APPLICATION: Building Department's November 27, 2002 Notice of Disapproval, amended December 13, 2002, citing Section 100-30A.4 (ref. 100-33), in its denial of a building permit to construct an amateur radio tower in a front yard location, for the reason that the code requires a rear yard location. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 15, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to erect an amateur radio tower composed of three telescoping sections in the southerly yard area at 50 feet from Indian Neck Road and +-70 feet from the closest edge of the 30 ft. right-of-way easement shown on the June 26, 1995 VanTuyl survey. The amateur radio antennas will be connected directly to the station equipment in the applicant's home. The tower will be mounted on a poured concrete base measuring 3 ft. by 3 ft. and six feet deep. The concrete will extend above ground level by approximately five inches. A welded rebar cage will be enclosed in the concrete for reinforcement. The retracted height is 21 feet, and the fully extended height is 54 feet. An antenna rotator will be mounted within the top section of the tower, and a two-inch diameter antenna mast connected to the rotator will extend approximately six feet from the top of the tower. The Board notes that the Building Inspector's Notice of Disapproval did not address the question of whether or not the proposed size is customary and incidental as an accessory structure. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant wishes to erect an amateur radio tower in his front yard on this 71,039 sq. ft. parcel. The property has two front yards, one along a private right-of-way. The proposed tower Page 2-Jurle 19,2003 -,,� -• Appl. No.5287-W. Melhado ��,....; ;s.•_ .rl�'«. ��1?.,�, '' 86-6-2.3 at Southold i2 c : _ .� T)2.-71� 3.tri. o Tov n. will be located 50 feet from Indian Neck Lane and 70 feet from the right-of-way. The height of the tower is 54 feet, in its fully erected state, and a 6' antenna, for a total of 60 feet. This structure is licensed by the Federal Communications Commission to Chapter 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations. According to Article XXIII, Section 100-230D, radio towers are exempt from the height regulations as long as the tower is not located near any overhead electric transmission line carrying more than 220 volts than a distance equal to the aerial's height above the roof or any other permanent structure to which it is attached. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is an active amateur radio operator and belongs to the American Radio Relay League, offering a very valuable organization in time of emergency. Due to the constraints of his property, the only area he can build his radio tower is in the front yard. 3. The relief requested is not substantial. The coverage of the lot after construction would be +-3 percent. 4. The difficulty was self-created when the applicant decided to build a tower structure. 5. There has been no evidence that the grant of this variance will have an adverse impact on physical or environmental conditions in the neighborhood. There is no visual impact. The property is heavily wooded with 60+-ft. high mature trees that shield the location of the tower from view. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy his hobby as an amateur radio operator, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Chairwoman Tortora, and duly carried, to GRANT the Variance as applied for, as shown on the specifications of Model #LM-354-E by Tashjian Towers Corporation, and shown on the applicant's sketched-in location of the tower on the June 26, 1995 survey prepared by Roderick VanTuyl, P.C., and SUBJECT TO THE FOLLOWING CONDITION: That the existing screening of trees which shields the tower from view be maintained at the same height of the tower. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goeh 'i•- .orning, Orlando, and Oliva. This Resolution was duly adopted (5-0). Lydia A. ':rtora, Chairwoman-Approved for Filing 8/27/03 -fit Sao ("t FORM NO. 3 �xcPrevt- � NOTICE OF DISAPPROVAL i AV-Ai ' �""'�' e ' ' DATE: November 27, 2002 AMENDED: December 13, 2002 TO: Warren & Edith Melhado 165 Wood Lane Southold,NY 11971 Please take notice that your application dated November 26, 2002 For permit to construct an amateur radio tower at Location of property: 165 Wood Lane, Southold,NY County Tax Map No. 1000 - Section 86 Block 6 Lot 2.3 Is returned herewith and disapproved on the following grounds: j) The proposed accessory amateur radio tower, located on a 71,039 square foot parcel, with two front yards, in the Residential R-40 District, is not permitted pursuant to Article MA, Section 100-30.A.4, which states; "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural- Conservation District,"which states, "In the Agricultural-Conservation District and Low- Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed accessory amateur radio tower is noted as being located in the front yard. Although the height of the tower is 54 feet, in its fully erect state, the building department, upon revisiting the project, has determined that the height of the tower is exempt as per Article XIV, Section 100-161, which states, "Nothing herein shall be construed to, apply to,prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Chapter 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations." and, Article XXIII, Section 100-30.D., which 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, excluding telecommunication towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials,provided that no television or radio aerial shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the aerial's height above the roof or other permanent structure to which it is attached." Total lot coverage on the property, following the proposed construction, would be +/- 3 percent. This Notice of Disapproval was amended on December 13, 2002, to re-address the issue of height. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICA I ION TO THE SOUTIIOLD TOWN BOARD OF APPEALS Trip Ofiru f'cu Only - - icu 11-N'i 1 lied By Wk. 1ssignud 1siknnunt iVu 1 d1/43/0.2. 3 rvt Office Notes Parcel Location: House No. I 65-Street WOOD LIS Hamlet Q-e60)JT SCTM 1000 Section gj(� Block 6 Lot(s) Z, 3 Lot Size 7/G2 3 g Zone District R I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: H/27/v2 (Aurae! tz//3/02) Applicant/Owner(s): 1- , MA-D0 Mailing Address: 16 Loa OD L)\) C. � )'4 Y / 19s-s Telephone: 6 3 ) - )3 4-- 6 9 2 9 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: ($;Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED I l /2c/0Z- FOR: OZFOR: XBuiiding Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction ❑ Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article l I L /\ Section 100- "P1, Subsection A- , 4- Type of Appeal. An Appeal is made for: Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code,Article Section ❑ Reversal or Other A prior appeal 0 hasps(has not been made with respect to this property UNDER Appeal No. Year • Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: 5•06-- T1Ac14-M i1 I (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: S A T1AC 1-I A JT 1 (3) The amount of relief requested is not substantial because: Eg- ,q—TRc4*010-1-11- t (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: S /- Ac 1.1-AWNT (5) Has the variance been self-created? ( ) Yes, or ( X) No. If not, is the construction existing, as built? ( ) Yes, or (X) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) SES" A-7Tfl-c i}rN O}ar This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. �, Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) /d,day of . :.: a.- 2000.. 4otary Public) LINT ; • ATTACHMENT 1 RESPONSES TO VARIANCE REASONS Part A: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: The neighborhood is basically rural. In the immediate area, there are a few widely spaced homes along Indian Neck Lane. Other homes are on the side roads and in the surrounding woods, but these are all a considerable distance from my property and not in direct view of it. Many of the homes in this area are seasonal, and some residents in the area store boats and other equipment in plain view on their property. There is a great deal of undeveloped land in the immediate area. The proposed amateur radio antenna tower would be located on level ground in a clearing in the woods between my garage and Indian Neck Lane as shown on the attached annotated survey. The tall trees and dense evergreen shrubbery in this area will substantially obscure all views of the tower from outside my property, so its presence will not affect the character of the neighborhood. The enclosed photographs show the views of this area from several locations along Indian Neck Lane. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: There are no other sites on the property that could avoid the area variance and still provide for a satisfactory, usable installation. Other sites were considered and rejected as follows: a) Against the garage wall and attached it to that wall. While this location might avoid the need for an area variance because the tower could be considered part of the house, it would not only make the tower more visible from outside the property, but it would preclude the use of the manufacturer's rugged erection/tilt-over device. As can be seen in the manufacturer's installation drawings attached, that device is used to safely erect the tower from the ground, and then used to safely tilt it over for antenna installation and maintenance. In the tilted position, the tower overhangs the base by about eight feet, and proximity of the building would interfere with that operation. Since the tower is not climbable, it must be capable on being tilted over to complete the antenna installation and to perform maintenance operations when necessary. b) Behind the house. The tower would be very visible from outside the property since most of the rear yard is open lawn. It could not be located next to the building for the same reasons indicated above. In addition, since the entire rear yard is bounded on the south side by Indian Neck Lane, an area variance would likely still be required. Also, if located away from the house, the tower would be closer to the - 1 - • 8 wetland grasses in that area, and soil conditions might not be acceptable for safe support of the tower. c) On the north side of the house. This area is heavily wooded and totally unusable for the proposed antenna tower. In addition, the length of the transmission lines between the radio transmitter and the antenna is a critical factor in choosing a site. As cable lengths are increased, the electrical losses, especially at very high frequencies, become significant and can easily offset the improvements gained by efficient, directional antennas mounted on a tower. Therefore, the antenna tower site should be as close as practicable to the transmitting equipment. The proposed site would result in transmission lines about 150 feet long. This is about the limit of acceptable length. (3) The amount of relief requested is not substantial because: The proposed site is essentially in the woods and not visible from outside the property. The area of exposed tower foundation is only nine square feet. Disturbance to surrounding areas would be minimal. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed site is substantially obscured from view from outside the property and there are no environmental issues associated with installation or use of the tower. A hand-dug excavation three feet by three feet and six feet deep will be made for the poured concrete foundation to minimize disturbance of surrounding areas. That foundation will contain the manufacturer's welded steel rebar cage that safely supports the structure and erection/tilt-over device. The proposed site is approximately 175 feet from the area of wetland grasses in the rear yard and will have no impact on that area. (5) Has the variance been self-created? No If not, is the construction existing, as built? No (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: The property is generally heavily wooded, severely limiting the choices of suitable locations. The entire south border runs along Indian Neck Lane. There are some wetland grasses located along part of the north side of the rear yard that should be avoided, and the proposed site is about 175 feet from that area. A portion of the open rear yard slopes away from the house and would not be a suitable site. The only developed lands immediately bordering the property are those of Baumann to the north and Kull to the west. The Knoemschild property is to the south across Indian Neck Lane at the northwest corner of Robinson Lane. All of these homes are far from the proposed site with heavy woods and dense evergreen shrubbery separating them from the site. - 2 - 411 16 165 Wood Lane Peconic, NY 11958 December 13, 2002 Town of Southold Board of Appeals Town Hall Southold, NY 11971 Gentlemen: Enclosed is my application to appeal the written determination of the Building Inspector disapproving my application for a Building Permit to erect an amateur radio antenna tower on my property at the above address. This letter will provide some additional information that may be helpful in your consideration of my application. I am 66 years of age, retired and a permanent resident of Peconic. I rented seasonal property in Greenport from 1960 through 1984, and I have been a property owner and taxpayer in Southold Town since 1985. I am an active amateur radio operator, and I hold an Amateur Extra Class license, call sign WM2Z, issued by the Federal Communications Commission (FCC) pursuant to Chapter 47 of the Code of Federal Regulations, Part 97. I am a member of the American Radio Relay League (ARRL), an organization that uses a network of dedicated volunteers and a professional staff to promote the advancement of the amateur radio service in the US and around the world. ARRL is a nonprofit, educational and scientific organization dedicated to the protection and promotion of the many privileges that amateurs enjoy today. I am the Secretary of the Peconic Amateur Radio Club (PARC) and a trained weather spotter. The proposed antenna tower will significantly enhance the range and reliability of communications from my amateur radio station with no increase in output power. It will improve my ability to support emergency communications from my home because antenna height is a key factor in overall station performance, especially at the very high frequencies normally used for such communications because radio propagation at these frequencies is basically line-of-sight. My amateur radio station is equipped with modem radio equipment integrated with a computer network. I regularly operate in the authorized amateur radio frequency allocations between 3.5 and 450 mHz using several of the available modes including voice, Morse code and the newer, highly efficient digital modes. I have a 5 KW gasoline powered emergency generator that can power my home and the amateur radio station during power outages. I maintain a rugged travel bag, fully outfitted with equipment that can be rapidly deployed into the field and used to set up a portable amateur radio station on short notice. As you may be aware, PARC is very much involved in supporting our community. Club members like myself routinely use their own equipment to provide communications in support of the American Red Cross (ARC) and other official organizations when disaster strikes. Instances of such support include the Long Island wild fires, the crash of TWA Flight 800 and the terrorist attacks on the World Trade Center. Amateur radio communications are especially valuable when commercial communications have been disrupted by power outages or serious communications overload conditions. Most amateurs are proficient in quickly using available resources to establish and maintain communications links. Unlike official organizations, amateurs can utilize a wide range of Warren K. Melhado December 13, 2002 bands to overcome some of the barriers inherent to radio communications. Regardless of make or model of radio equipment, amateurs can use a common mode and frequency to communicate with each other. On the other hand, most official systems use a fixed set of bands and modes and are limited in flexibility and interoperability. PARC maintains an Emergency Operations Center(EOC) at the Southold Town Police Department and participates in periodic Simulated Emergency Tests (SETs) to help ensure preparedness. Club members also provide public safety communications during events such as bicycle and foot races. The club's repeater, open for use by any licensed amateur, has excellent coverage over the East End and is a primary component of our emergency operations. In addition to my personal involvement in routine PARC activities, I serve as the Assistant Emergency Coordinator for Peconic/Cutchogue and respond to the emergency communication needs of the community from my home and in the field when required. I am a member of Suffolk County Radio Amateur Civil Emergency Service (RACES), an organization controlled by state government that uses amateur radio operators and provides them with practice and training sessions. I am a member of Amateur Radio Emergency Service (ARES), an organization under the auspices of the ARRL serving local government and civilian agencies to provide emergency communications training courses and communications support for local events. I am a spotter in the SKYWARN program sponsored by the National Weather Service (NWS) and have been trained to recognize and report severe weather conditions. I have received formal training from the ARC and the Federal Emergency Management Administration (FEMA) and the NWS. A copy of my FCC license and several membership cards are enclosed. The tower that I propose to erect is very rugged and self-supporting when installed according to the manufacturer's specifications. It will be used exclusively to elevate and support amateur radio antennas connected directly to and controlled by the licensed amateur radio station equipment in my home. The tower will be mounted on a poured concrete base measuring 3 feet x 3 feet and 6 feet deep. The concrete will extend above ground level by approximately 6 inches. The manufacturer's welded rebar cage will be enclosed in the concrete for reinforcement and securing the tower and its erection/tilt-over device. The erection/tilt-over device is a key component of the assembly. It will provide for safe erection of the tower from the ground. Once erected, the device will allow the tower to be safely tilted into a horizontal position for installation and maintenance of the antennas. Tilting is required since the manufacturer does not recommend climbing the erected tower. Excavation for the concrete base will be done by hand to minimize disturbance of surrounding areas. The tower itself is composed of three telescoping sections. The retracted height is 21 feet, and the fully extended height is 54 feet. An antenna rotator will be mounted within the top section of the tower, and a two-inch diameter antenna mast connected to the rotator will extend approximately six feet from the top of the tower. One or more antennas will be attached to the mast. The tower sections are extended and retracted by a manual or motorized winch using 3/16- inch x 7 x 19 aircraft cable. The radio transmission lines and rotator control cable running between the house and the tower will be enclosed in a plastic pipe buried in a shallow trench. The manufacturer's specifications and drawings of the tower and base are enclosed. My property is heavily wooded, severely limiting the choice of locations for the tower. The site that I propose is in a clearing on the south side of the house between the garage and Indian Neck Lane. An annotated copy of my survey is attached to show the 2 0 4111 Warren K. Melhado December 13, 2002 proposed location and distances to the property line and house. The tall trees and dense evergreen shrubbery surrounding that area will substantially obscure any view of the tower from outside the property. The existing homes surrounding the property are far from the proposed site. Several photos of the proposed location and views from the street are enclosed. Finally, I am enclosing a copy of Memorandum Opinion and Order in PRB-1 issued by the FCC addressing the issues associated with local ordinance limitations on amateur radio antenna towers for your reference. Although this opinion was issued in 1985, it is still valid today. The opinion states that local governments must reasonably accommodate amateur operators, but may still zone for height, safety and aesthetics. I am confident that, after review and consideration of my appeal including the enclosures and additional information contained in this letter, you will agree that the accommodation requested is reasonable and grant the requested variance. Please do not hesitate to contact me if I can provide any additional details or supporting documentation. Sincerely, /2 , A '11L4.0 Warren K. Melhado Enclosures: Application to the Southold Town Board of Appeals Notice of Disapproval Application for Building Permit Survey annotated to show proposed tower site Amateur radio license and membership cards Specifications and installation drawings for Model LM-354E tower Photographs of proposed site and surrounding area Memorandum Opinion and Order in PRB-1 3 • PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s) W Jt CLt K s M L�}FADO I. If building is existing and alterations/additions/renovations are proposed. A Please give the dimensions and overall square footage of extensions beyond existing building. Dimensions/size' 455. ' '3 'X 3 ' 6'Deg?) aT : 5-4' PL)5 { A I-ST Square footage R F 5 E 9 S . FT B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building. Dimensions/size: Square footage: II If land is vacant: Please give dimensions and overall square footage of new construction Dimension/size Square footage. Height III. Purpose and use of new construction requested in this application: Ant 1R Ic1jPo -row e-12- 2 1 ' cvLi..fAPsTi l r ') 4 � PI)LLY i\17— G7Lv S 6 ' ni A-ST Tp svnpo2T- Amir) ftwi QO2 Kp,- O ms.h-E INAS IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s) Ala s s ►-vi Ly u)oeibb t.- -rrv4 s, PDss: 7itg 5 -ii, -711-LL ft-74D LgecsR�-��1 S1 U$B `� uo.i l.L v85jv85cu(2_0' JzEw OF T0)2-12. i-P-00A ou-7-s*D rl t-E Pg oPLie ry V. Please submit seven (7) photos/sets after staking corners of the proposed new construction 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals'Department (765-1809) if you are not sure. Thank you. • 1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes j No B. Are there any proposals to change or alter land contours? ❑Yes No C 1) Are there any areas that contain wetland grasses? Y L 5 2) Are the wetland areas shown on the map submitted with this application? a5 3) Is the property bulk headed between the wetlands area and the upland building area? rel 0 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? IA 0 D. 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") E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO N i (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? l")0 If yes, please submit a copy of your building permit and map as approved by the Building Department If none, please state G Do you or any co-owner also own other land close to this parcel? N 0 If yes, please explain where or submit copies of deeds H. Please list present use or operations conducted at this parcel 5J74 C LL% Fihirs L ( 17 woLUlC1 and proposed use SAW f S Arh A-TE J 2 tir7 ��Gu.-G(iv1 fes- 4,4 '2-b ZiO Z Authorized Signature an Date 1 ' � 14.164 Ivan—Text 12 PROJECT 1.0.NUMBER 617.21 SE Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Prolect sponsor) 1. APPUCANT/SPONSOR 1 2. PROJECT NAME WPcRZr lel lam. MAVO 3. PROJECT LOCATION: 1 Municipality �cc)ry r C County 5 V F F(j L 4. PRECISE LOCATION(Sweet address and road Intersections.prominent landmarks,etc.,or provide maoi t 6 5 wooD • 1'4 P - -cor•►rc , /,t y I q (C o e.74 OP- o F yjT.44-7.1 1.1e-c14- L r) AVO A)o OD 1-id S. IS PROPOSEDr� M +�yfACTION: s1ooff�� W New ❑Exoansion IOL OdlflcatlonIalteration 6. DESCRIBE PROJECT BRIEFLY: • e cT A s I' 5 uPPo2r,J746 flot 2 ft 3 TDul 1=2 vJ A- Rte;, Po12c Lp co N c Q-G"T.t= BASE y>4 000D 3 B iv-)0E4 7. AMOUNT OF LANO AFFECTED: MNlally r Jr acres Ultimately 1r J acres a. WILL PROPOSED COMPLY WITH EXISTING ZONING OA OTHER EXISTING LANO USE RESTRICTIONS? 0 Yes 1WIo If No,describe briefly V f T.—A-4 Ca- R.t t U ED Foe. L Dc.r4'r.�=r�A/ 9. WHAT IS PRESENT LANG USE IN VICINITY OF PROJECT? 0 I .ResideMlal 0 Industrial ❑Commercial ❑AQrrcun ure ❑Park/Forest/Open space 011ier Oescrrbe: 14 0L6 A-60 06D col-crSTS Or itLY21 Lc) y -5-pp-1t5 L C Rohr L y /ivy) A--)JD ✓A-c-Pflor �►9->�i? 10, DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAU77 ° ry1Yes ld:.No 11 yes,list aQencytsl and permit/approvals 11. COES ANY ASPECT OF THE A C-1,;y HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 0 Yes fd N` 11 ye::,list aptncy name and permIUapproval - 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppIiCanusponsor name: W(k caR.C)l K. M 02-4 z//ZiD 2.. Oa le: Sipnalure: i��/i� ,r l', Th1���A,L-4 If the action is in the Coastal Area, and you are a state agency, complele the Coastal Assessment Form before proceeding with this assessment • OVER 1 APPLICANT TRANSACTIONAL- DISCLCISI TRF FORM Illi lU',' Il � �Ull(ll l l � _ ( l (ill lil hill ll:. ILII �. i( hill l.',l UI1 thlpartof Iu\\ll ufilLLus and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME M LL k sD17) W Pte (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name) NATURE OF APPLICATION (Check all that apply) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity. Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold Title or position of that person Describe that relationship between yourself (the applicant) and the Town officer or employee Either check the appropriate line A through D (below) and/or describe the relationship in the space provided The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply)" A) the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation), B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation), _ C) an officer, director, partner, or employee of the applicant, or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this )Z, day of D c 1 -2-C a Signature: l, � 4 Print Name. WA-P. )& iIW ei_t.}q-t-, 5111, /o 0A - F6 — 4 — Z--1 TOWN OF SOUTHOLD PROPERTY :RECORD CARD 7_/..- / f P- OWNER STREET /65 VILLAGE DIST. SUB. LOT p .43,442.-s.,e.--e.---.4,--'4 -;:,,4- 74----- ,iMiER OWNE ACR I. N d. 62:e - ..i E GcJ-azrr�c am. • W TYPE OF BUILDING 1?..4...eievz.4: C.1LG 'k/ ',, CJ 7 / u.._"c - RE$. SEAS. VL. s•-)/ FARM COMM. CB. MICS. Mkt. Value ND IMP. TOTAL DATE REMARKS r,�,i 9° e 9.0' v 7 „' 7/, D/7/ D - 0 0 T 375/9.1;713(9)6.-' i1; - /74,4Re/VS ai✓.4isI70- �=TreAuAiRaN�AOC spa 1F ✓. .S-o n A `1/le/77 3/2 /77 S":4 Le. 7Sad.- ,A j;z4 3 Ai AR-Rot/Sna4Id g-V4- d C/c4ivy d w(eX J 'illoble FRONTAGE ON WATER Voodland FRONTAGE ON w 3 - ' i heodo and DEPTH 3 7-S- 1 ✓ ` IOUSO Plot BULKHEAD 'atal Now • . L COLOR TRIM NEEMMENIEMMEMENEMENIMIEN 1111111111111111111111111 M. Bldg. Extension Extension Extension Foundation Bath Dinette • P.. , Basement Floors K. Porch -__Ext. Walls Interior Finish LR. Breezeway Fire Place Heat DR. Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B • O. B. Dormer Driveway Total .17 ,::_--.7......,,,:-.7,7,,,,, : ',, . r .�� f>> *!risrr �. .,VL�OR TRIM W R I� 1 I t \ \ i 1 ,.,--/ ..01:s.t;.1_ . __. ,__ •f ''�Y � t • 1/&27 _ o -- 'f�:`•" I+r d wy�� a AFS _ X83 rpQcw I I. r• i a 11111-1 4Ill r ii 7-7 t A^ 10 67'2 1 , _..--t_ x: ::ter... . - zS 1 ��x q satt ; /4-rY �9 Vi'_µ `° z?X i. sr M.'Bldg. ,z�Y3J �7s- ° �.?,f� R �Ih- Pelee 4� `y Extension /6 ,y/x a.sa ' �5-' /Q� fl/ '�� Extension Extension cam, o1' Foundation /�. Both �, Dinette Porch X l� �-a ,�3.�Basement ���� Floors �F�1 K. Ext, Walls S ' Interior Finish SA, LR. -• `f' 2c� -1'7 t, = z.5-4) ZSR id,,v,. 9.e/2. ,./.. ,,k) �'a S-'Fire Place Heat �� 1 g DR. -Pc��'7t'6q.se Garage .� 7 k, y = �• �' / �'= ?�'31I'ype Roof g-�6 i t. Rooms 1st Floor BR. Patio 'Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Tq al 3(73 ./ c ' 7 r r 7i,0 a s-gec —c -2S6.51--TOWN OF SOUTHOLD PROPERT-Y,�RECORD CARD l\'r-ilpFc- OWNER '- STREET ./ 5 VILLAGE DIST. SUB. LOT - / Pen tt?Ed A F Ale I ad' U,,U oo & \ �,n ewrI- FORMER OWNER , N r E ,� ACR.. )ctv 1 d G r C a n o LL) 1 cJ) .b, ei ctiA. Asa w,c G�d e-sZ c,' .--t.., ,.,,z:e" 1, 5 g " S W TYPE OF BUILDING '&e/--'42-'4.,-. n.277/1/ i - >1.ca vea, , �/-1-e:...- V ES. _(/0 SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAPID IMP. TOTAL DATE REMARKS ,,v ' -c,1 o v /te a d L -2- / O o o 0 �.93)ci o o ‘ 3 ._. / 77 ro / WNW 6 . (F4,,.,, . d S- = /mo) I a,,f, *co ,r,... - V / , , , i .'a - /4 -PZ - - - _ �. ' , • c r + . 1 ._ - C a.. - ; . L� 6, -- - 2. 1 �, (r� L®. 111 -3 , c -1-- 1 - ; 2 __ a _ i , •, >r' _.0 SZ?. ....0 ) = ‘ J 111111111111.111 liable FRONTAGE ON WATER 'oodland FRONTAGE ON RVI3 /g - ' eadowland ---- DEPTH / 5Th . g) ✓ xuse Plot BULKHEAD rtal 165 Wood Lane Peconic, NY 11958 November 26, 2002 Town of Southold Building Dept. Town Hall Southold, NY 11971 Gentlemen: Enclosed is my application for a Building Permit to erect an amateur radio antenna tower on my property at the above address. This letter will provide additional information that may be helpful in your consideration of my application. I am an active amateur radio operator, and I hold an Amateur Extra Class license, call sign WM2Z, issued by the Federal Communications Commission (FCC). I am a member of the Amateur Radio Relay League (ARRL), and I am the Secretary of the Peconic Amateur Radio Club (PARC) and a trained weather spotter. The proposed antenna tower will significantly enhance the range and reliability of communications from my amateur radio station with no increase in output power. It will improve my ability to support emergency communications from my home. As you may be aware, PARC is very much involved in supporting the community. Club members like myself routinely use their own equipment to provide communications in support of the American Red Cross (ARC) and other official organizations when disaster strikes and for public events such as bicycle and foot races. PARC maintains an Emergency Operations Center (EOC) at the Southold Town Police Department and participates in periodic Simulated Emergency Tests (SETs)to help ensure preparedness. The club's repeater, open for use by any licensed amateur, has excellent coverage over the East End and is a primary component of our emergency operations. In addition to my personal involvement in PARC activities, I serve as the Assistant Emergency Coordinator for Peconic/Cutchogue and respond to the emergency communication needs of the community from my home and in the field. I am a member of Suffolk County Radio Amateur Civil Emergency Service (RACES) and the Amateur Radio Emergency Service (ARES), and I am a trainer spotter in the SKYWARN program sponsored by the National Weather Service (NWS). I have received training from the ARC and the Federal Emergency Management Administration (FEMA) and the NWS. A copy of my FCC license and several membership cards are enclosed. The tower that I propose to erect is very rugged and self-supporting when installed according to the manufacturer's specifications. It will be used exclusively for amateur radio antennas connected directly to the station equipment in my home. The tower will be mounted on a poured concrete base measuring 3 feet x 3 feet and 6 feet deep. The concrete will extend above ground level by approximately 5 inches. A welded rebar cage will be enclosed in the concrete for reinforcement and securing the tower and its erection jig. Excavation for the concrete base will be done by hand. The tower itself is composed of three telescoping sections The retracted height is 21 feet, and the fully extended height i tiro eet. An antenna rotator will be mounted within the top section of the tower, and a two-inch diameter antenna mast connected to the rotator will extend approximately six feet from the top of the tower. The tower sections are extended and • Warren K. Melhado 11/26/02 retracted by a manual or motorized winch using 3/16-inch x 7 x 19 aircraft cable. The manufacturer's specifications and drawings of the tower and base are enclosed. My property is heavily wooded, limiting the choice of locations for the tower. The site that I propose is in a clearing on the south side of the house between the garage and Indian Neck Lane. An annotated copy of my survey is attached to show the proposed location and distances to the property line and house. The trees surrounding that area will substantially obscure any view of the tower from outside the property. Several photos of the proposed location and views from the street are enclosed. Please do not hesitate to contact me if I can provide any additional details or supporting documentation. Sincerely, :‘,/,() ,(...e&t,tv 4aA Warren K. Melhado Enclosures: Application for Building Permit Survey annotated to show proposed tower site Amateur radio license and membership cards Specifications for Tashjian Model LM-354E tower Photographs of proposed site and surrounding area 2 UNITED STATES Of - -iAERICA �� m 3 _ FEDERAL COMMUNICATI S COMMISSION i � $ Q n 0 lb kb W ' AMATEUR RADIU LICENSEILY w �' = AO7 WM2Z - ° I� 20 — 50x 0o = � r- 3 0.� im — � . A w — 3 coo — 0 a n o N� co 0 3, 0 _ :. I.t. 0 MELHADO, WARREN K N 3 m, 165 WOOD LN _ t' N C m PECONIC NY 11958 m — a°� x — H o m —_ m v a — m N • rn 4..) O —_ rn▪ 7C :rpccio" t Concli"titkitttEr oigements p C NONE !" _ M 4 Grant Da* Ethctive Oats Pont Date Expiration Date g zign 2-9-2001 2-9-2001 2-9-2001 2-9-2011 �v PI Fite Number Operator Priviteg.s Station Ptivtleges m v 0000335708 Amateur Extra PRIMARY n * 0 IN g w opo 13 m 1 c THIS LICENSE IS NOT TRANSFERABLE �c ea a $ CI, - r cC — ; Na ,�, ' �� p § ttv <' ° 0 m n_, r w .... CO ? 5m '1- ;' 0 zm - / /1V-Z��� o _• < •� r Zi / x r -i •m (Licensee's Signature) ? a ` o m 5. FCC 660 JULY 1999 j e9 AMATEUR RADIO ,t EMERGENCY SERVICE r`,i t� " COUNTY OF SUFFOLK • This certifies that t.;'4, , ',`p: " '- EMERGENCY MANAGEMENT OFFICE THIS IS TO CERTIFY THAT-�-- - Warren Me lhado WM2Z ' WARREN 1(. MELHADO_KG2BI �* a as member in good starring or t+ie kmateur-Wadio Emergency Service,sponsored by the American IS AN ENROLLED MEMBER OF RACES Radio Relay League,Inc Thu bearer of :Nerd, rAmateur Radiosparator, n.." 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Model KT-354E Tower Page 1 of 3 1111 y TASHJTAN TOWERS TOWERS BY ENGINEERING DESIGN MANUFACTURING TOWERS BY Tashjian Towers Corporation r t. 2183 S.Highland Ave. "" `+t, Sanger,CA 93657 TASHJIAN Phone:559-495-0307 Fax:559-495-0557 TASHJIAN Mobile:559-284-9707 crank up towers engineering warranty work history commercial towers condition of sale home danger pricelist Model No. LM-354E MODEL No.LM-354E TYPE: Self-supporting,extendable,crank-up tower. SPECIFICATIONS: TOWER HEIGHT:Extended 54 feet. Retracted 21 feet. TOWER SUPPORT: Self-Supporting,no guys. WIND LOADING: Engineering analysis indicates the tower will support 23 square feet of projected area at winds of 70 MPH per the 1997 UBC. DEAD LOAD: The maximum dead load is 550 lbs. WEIGHT: The tower with the base weighs 660 pounds(161kg). SECTIONS: The tower is made from three each twenty-foot sections,#5,#6,and#7 is the base. DESCRIPTION: Tower is complete with a manual crank-up winch and hoisting cables,and a rigid concrete base mount. http://www.karltashjian.com/1m354e.htm 11/15/02 Model KT-354E Tower Page 2 of 3 . Note T2X rotator will not fit inside section.The tower comes equipped with manual,and one set of drawings and calculations. Hoisting cable system designed to extend the tower telescopic sections uniformly. This tower has pulley frame on two faces. The lifting cable is 3/16 x 7 x 19 Aircraft cable Because of high strength tubing and the bracing of solid rod,this design is considered to be the strongest engineering configuration for towers,yet saves weight,resists torsion loads and reduces wind resistance,allowing more useful load to be installed on the tower. P u ACCESSORIES: RCB-54 LT(#7 Wide Section) CO-3 for KT-54 TA-54 #5 rotator plates Cable Kit for KT-54 Manual Winch TB-2 Trust Bearing ut Masts a Replacement Pullies KT-354E Manual,Drawings,Calculations 4-r fi 3 http://www.karltashjian.com/1m354e.htm 11/15/02 . . 1 3•-D_ —To-S 3/4' . .. W 7 ler 3*I0" -14.'... --,--HINGE ANO I --- -... WINCH SIM PLAN VIEW SASE MAT 3,4 X 45" CHAFER 18 t/r l' 11 pang& GRACE t UNO!STURM ---•-•:-...1Z-Lr''''•- .1: REE1 ). - : • • /III .43 X 6O ..' ' -. ' "'it ge.talioo - . c SHIPPING BRACE) 20" MIN . OM/LAP *1 • iri• .5 MBAR 8'-6' . i - . WIRE WRAP 6. . : "i• .... . I. .- 03 RE8AR PM* AGAINST • 0 .. UNDISTLR8ED sort. 4. CLEAR ELEVATION (REQUIRED CONCRETE= 3,4 CU Y(1S) — 0 : 1/2 STEEL %RE --- 0 1 1/4 STEEL TUNE SC T ItIN 0 I/2 Sett TO RflO Ess O 7 -- • ..e./- tts 7/15 SCUM ROD SEC T If3N NO ? T p" SEC I i oN IC 5 - # ‘'s\ 0 3,. SOLID ROD ..1/16 SOLIO ROO Aill‘ ! 1 :5 5/6 •-•— 19 15/16 -- TOWER CROSS SECTION • int n.i .iw urn T!1', MASA RIMS 1 r 1 1M.I I.Ib LQ' rl T.L rmir i sr-r F 71 MOM AFI' ,71 r, �. � m ail■1 T.V r • . • . • N. I I, .... ....,„„, PULLE`C ALO( ASSEMB\-.`C TO Al.1C\-1O . PO\NT ',%% ' ,..,„ik . Npar , 'Ut.LEl' e1.- ,,' MIIIMMITVIIIIIIIPIK 11‘ )/ ,.__:_:,,...., • • . , kei \::\/\ /\/\/\//\ \C r ... ] r _______ ___. ( DO NOT 11.IS7b.LL TOP LOAD 7! q"* r1 IN T\4\' POS\T\ON TILT - UP ILLUSTRATION It 1DAT E �SPM.I REVISION rill ICK. TILT OVER AREA (1-11:r UP pQE A� P_AINI VIEW 34'- 0" 13' 0" � 21'• O' C. TILTLO POSITION • QIa1S1NV POSITION 1Pr AM11.611 1 NO.I MATERIAL/DESCRIPTION I I ENGIN I OTT. ri-Ex a TOWER CORPORATION Et_E /AT 10N 7182.Rasmussen Avenue. Visalia. Calif. 93277 JOE/MOOEI SCALE DRAWN IT . NOTE: APPROVED IV bl►,i1ENS101.1% C!.0 11OT t aLLOW FOR tItLE MUST E pWTENtIT TOP OF TOWER AREA REQUIRED FOQ TILT-OVEQ TOW EQ DATE DRAWING NUMBER RE/IS/Om a-+e •1l 1,-100 060.110418 1 - -T -.-,'\- 1. y --^ \IINEll' _______ I . e„.--,\r=.=.... „...--...„4. oi----. --____�_ //� -- 6&`• . 1 0 O O O O '`: � SL1 M C so* 0 i WIJCLL CAaLE - \NCE PO\l.1,Tvv\/\\ Y\/ ,w.}) SM.LL TOP LOIAO Its! T1.11S POS1T101J , f( / • \A/NU-1 -- -------2%-Cfr,''' . PvAA_EY TILT- OVER ILL U5TRAT10N 3611 --� TOWER TILT BASE 1400 • 4, Pr •41111 \ TOWER BASE SECTION - HINGE 'NCRETE BASE cl3/�r SECTION A-A TOWER WINCH TILT BASE1111\ TILT WINCH r' /. 4 A/ ' -"\\ 15 -3/q a 21/4 BOLTS FOR TOWER •14116.‘, CONNECTION TO CONCRETE BASE. 1 ••• • 6-3/4;2I/;BOLTS FOR TILT BASE • CONNECTION TO CONC.BASE. i..ItY'._ .I•t•v • • . I • • •,Y;: • .::: ... • ;•:16s II. '� • I I . '1:44• ••r . y I.1 c • 1 4 - . . . .1' \.• 11- IS•MIN. • .1.• ' (•I •. " ICJ' f • • 1 • 4,1"'� . • •: • ..- a-:; - . WRAP I • , .•• ▪ • • • • U?OIS T EIED • ••..•• . I• " I . SOIL • � � kl , • / • ►I . • . : . • • D N-' 4. , I.;= . r'. • •1• . I ELEVATION TA- 54L BASE CONNECTIONS ARRLWeb: Memorandum Opinion and Order in PRB-1 Page 1 of 8 Home • Site Index • Site Search • Call Sign Search • Catalog • Join ARRL • QST• Classifieds • Members Home • Operating Activities • Licensing • News/Bulletins • Services • Educational • Public Service • Support• ARRL Info View page with graphics Code Quick-- Ad Memorandum Opinion and Order in PRB-1 Memorandum Opinion and Order in PRB-1 Before the Federal Communications Commission FCC 85-506 Washington, DC 20554 36149 In the Matter of ) Federal preemption of state and ) PRB-1 local regulations pertaining ) to Amateur radio facilities. ) MEMORANDUM OPINION AND ORDER Adopted: September 16, 1985 ;Released: September 19, 1985 By the Commission: Commissioner Rivera not participating. Background 1. On July 16, 1984, the American Radio Relay League, Inc (ARRL) filed a Request for Issuance of a Declaratory Ruling asking us to delineate the limitations of local zoning and other local and state regulatory authority over Federally-licensed radio facilities. Specifically, the ARRL wanted an explicit statement that would preempt all local ordinances which provably preclude or significantly inhibit effective reliable amateur radio communications. The ARRL acknowledges that local authorities can regulate amateur installations to insure the safety and health of persons in the community, but believes that those regulations cannot be so restrictive that they preclude effective amateur communications. 2. Interested parties were advised that they could file comments in the matter.\fn 1/ With extension, comments were due on or before December 26, 1984, \fn 2/ with reply comments due on or before January 25, 1985 \fn 3/ Over sixteen hundred comments were filed. Local Ordinances 3. Conflicts between amateur operators regarding radio antennas and local authorities regarding restrictive ordinances are common. The amateur operator is governed by the regulations contained in Part 97 of our rules. Those rules do not limit the height of an amateur antenna but they require, for aviation safety reasons, that certain FAA notification and FCC approval procedures must be followed for antennas which exceed 200 feet in height above ground level or antennas which are to be erected http://www2.arrl.org/FandES/field/regulations/1oca1/prb-1.html 11/30/02 ARRLWeb: Memorandum Opinion and Order in PRB-1 Page 2 of 8 near airports. Thus, under FCC rules some antenna support structures require obstruction marking and lighting. On the other hand, local municipalities or governing bodies frequently enact regulations limiting antennas and their support structures in height and location, e.g. to side or rear yards, for health, safety or aesthetic considerations. These limiting regulations can result in conflict because the effectiveness of the communications that emanate from an amateur radio station are directly dependent upon the location and the height of the antenna. Amateur operators maintain that they are precluded from operating in certain bands allocated for their use if the height of their antennas is limited by a local ordinance. 4. Examples of restrictive local ordinances were submitted by several amateur operators in this proceeding. Stanley J. Cichy, San Diego, California, noted that in San Diego amateur radio antennas come under a structures ruling which limits building heights to 30 feet. Thus, antennas there are also limited to 30 feet. Alexander Vrenios, Mundelein, Illinois wrote that an ordinance or the Village of Mundelein provides that an antenna must be a distance from the property line that is equal to one and one-half times its height. In his case, he is limited to an antenna tower for his amateur station just over 53 feet in height. 5. John C. Chapman, an amateur living in Bloomington, Minnesota, commented that he was not able to obtain a building permit to install an amateur radio antenna exceeding 35 feet in height because the Bloomington city ordinance restricted "structures" heights to 35 feet. Mr. Chapman said that the ordinance, when written, undoubtedly applied to buildings but was now being applied to antennas in the absence of a specific ordinance regulating them. There were two options open to him if he wanted to engage in amateur communications. He could request a variance to the ordinance by way of hearing before the City Council, or he could obtain affidavits from his neighbors swearing that they had no objection to the proposed antenna installation. He got the building permit after obtaining the cooperation of his neighbors. His concern, however, is that he had to get permission from several people before he could effectively engage radio communications for which he had a valid FCC amateur license. 6. In addition to height restrictions, other limits are enacted by local jurisdictions--anti-climb devices on towers or fences around them; minimum distances from high voltage power lines; minimum distances of towers from property lines; and regulations pertaining to the structural soundness of the antenna installation. By and large, amateurs do not find these safety precautions objectionable. What they do object to are the sometimes prohibitive, non-refundable application filing fees to obtain a permit to erect an antenna installation and those provisions in ordinances which regulate antennas for purely aesthetic reasons. The amateurs contend, almost universally, that "beauty is in the eye of the beholder. " They assert that an antenna installation is not more aesthetically displeasing than other objects that people keep on their property, e.g. motor homes, trailers, pick-up trucks, solar collectors and gardening equipment. Restrictive Covenants 7. Amateur operators also oppose restrictions on their http://www2.arrl.org/FandES/field/regulations/local/prb-1.html 11/30/02 ARRL Web: Memorandum Opinion and Order in PRB-1 Page 3 of 8 amateur operations which are contained in the deeds for their homes or in their apartment leases. Since these restrictive covenants are contractual agreements between private parties, they are not generally a matter of concern to the Commission. However, since some amateurs who commented in this proceeding provided us with examples of restrictive covenants, they are included for information Mr. Eugene O. Thomas of Hollister, California included in his comments an extract of the Declaration of Covenants and Restrictions for Ridgemark Estates, County of San Benito, State of California. It provides: No antenna for transmission or reception of radio signals shall be erected outdoors for use by any dwelling unit except upon approval of the Directors. No radio or television signals or any other form of electromagnetic radiation shall be permitted to originate from any lot which may unreasonably interfere with the reception of television or radio signals upon any other lot. Marshall Wilson, Jr. provided a copy of the restrictive covenant contained in deeds for the Bell Martin Addition #2, Irving, Texas. It is binding upon all of the owners or purchasers of the lots in the said addition, his or their heirs, executors, administrators or assigns. It reads: No antenna or tower shall be erected upon any lot for the purposes of radio operations. William J. Hamilton resides in an apartment building in Gladstone, Missouri. He cites a clause in his lease prohibiting the erection of an antenna. He states that he has been forced to give up operation amateur radio equipment except a hand-held 2 meter (144-148 MHz) radio transceiver. He maintains that he should not be penalized just because he lives in an apartment. Other restrictive covenants are less global in scope than those cited above. For example, Robert Webb purchased a home in Houston, Texas. His deed restriction prohibited "transmitting or receiving antennas extending above the roof line." 8. Amateur operators generally oppose restrictive covenants for several reasons. They maintain that such restrictions limit the places that they can reside if they want to pursue their hobby of amateur radio. Some state that they impinge on First Amendment rights of speech. Others believe that a constitutional right is being abridged because, in their view, everyone has a right to access the airwaves regardless of where they live. 9. The contrary belief held by housing subdivision communities and condominium or homeowner's associations is that amateur radio installations constitute safety hazards, cause interference to other electronic equipment which may be operated in the home (television, radio, stereos) or are eyesores that detract from the aesthetic and tasteful appearance of the housing development or apartment complex. To counteract these negative consequences, the subdivisions and associations include in their deeds, leases or by-laws, restrictions and limitations on the location and height of antennas or, in some cases, prohibit them altogether. The restrictive covenants are contained in the contractual agreement entered into at the time of the sale or lease of the property. Purchasers or lessees are free to choose whether they wish to reside where such restrictions on amateur antennas are in effect or settle elsewhere. http://www2.arrl.org/FandES/field/regulations/local/prb-1.html 11/30/02 ARRLWeb: Memorandum Opinion and Order in PRB-1 Page 4 of 8 Supporting Comments 10. The Department of Defense (DOD) supported the ARRL and emphasized in its comments that continued success of existing national security and emergency preparedness telecommunications plans involving amateur stations would be severely diminished if state and local ordinances were allowed to prohibit the construction and usage of effective amateur transmission facilities. DOD utilizes volunteers in the Military Affiliate Radio Service (MARS) , \fn 4/ Civil Air Patrol (CAP) and the Radio Amateur Civil Emergency Service (RACES) . It points out that these volunteer communicators are operating radio equipment installed in their homes and that undue restrictions on antennas by local authorities adversely affect their efforts. DOD states that the responsiveness of these volunteer systems would be impaired if local ordinances interfere with the effectiveness of these important national telecommunication resources. DOD favors the issuance of a ruling that would set limits for local and state regulatory bodies when they are dealing with amateur stations. 11. Various chapters of the American Red Cross also came forward to support the ARRL's request for a preemptive ruling. The Red Cross works closely with amateur radio volunteers. It believes that without amateurs' dedicated support, disaster relief operations would significantly suffer and that its ability to serve disaster victims would be hampered. It feels that antenna height limitations that might be imposed by local bodies will negatively affect the service now rendered by the volunteers. 12. Cities and counties from various parts of the United States filed comments in support of the ARRL's request for a Federal preemption ruling. The comments from the Director of Civil Defense, Port Arthur, Texas are representative: The Amateur Radio Service plays a vital role with our Civil Defense program here in Port Arthur and the design of these antennas and towers lends greatly to our ability to communicate during times of disaster. We do not believe there should be any restrictions on the antennas and towers except for reasonable safety precautions. Tropical storms, hurricanes and tornadoes are a way of life here on the Texas Gulf Coast and good communications are absolutely essential when preparing for a hurricane and even more so during recovery operations after the hurricane has past. 13. The Quarter Century Wireless Association took a strong stand in favor of the Issuance of a declaratory ruling. It believes that Federal preemption is necessary so that there will be uniformity for all Amateur Radio installations on private property throughout the United States. 14. In its comments, the ARRL argued that the Commission has the jurisdiction to preempt certain local land use regulations which frustrate or prohibit amateur radio communications. It said that the appropriate standard in preemption cases is not the extent of state and local interest in a given regulation, but rather the impact of the regulation on Federal goals. Its position is that Federal preemption is warranted whenever local government regulations relate adversely to the operational aspects of amateur communication. The ARRL maintains that http://www2.arrl.org/FandES/field/regulations/local/prb-1.html 11/30/02 ARRLWeb: Memorandum Opinion and Order in PRB-1 Page 5 of 8 localities routinely employ a variety of land use devices to preclude the installation of effective amateur antennas, including height restrictions, conditional use permits, building setbacks and dimensional limitations on antennas. It sees a declaratory ruling of Federal preemption as necessary to cause municipalities to accommodate amateur operator needs in land use planning efforts. 15. James C. O'Connell, an attorney who has represented several amateurs before local zoning authorities, said that requiring amateurs to seek variances or special use approval to erect reasonable antennas unduly restricts the operation of amateur stations. He suggested that the Commission preempt zoning ordinances which impose antenna height limits of less than 65 feet. He said that this height would represent a reasonable accommodation of the communication needs of most amateurs and the legitimate concerns of local zoning authorities. Opposing Comments 16. The City of La Mesa, California has a zoning regulation which controls amateur antennas. Its comments reflected an attempt to reach a balanced view. This regulation has neither the intent, nor the effect, of precluding or inhibiting effective and reliable communications. Such antennas may be built as long as their construction does not unreasonably block views or constitute eyesores. The reasonable assumption is that there are always alternatives at a given site for different placement, and/or methods for aesthetic treatment. Thus, both public objectives of controlling land use for the public health, safety, and convenience, and providing an effective communications network, can be satisfied. A blanket to completely set aside local control, or a ruling which recognizes control only for the purpose of safety of antenna construction, would be contrary to. . .legitimate local control. 17. Comments from the County of San Diego state: While we are aware of the benefits provided by amateur operators, we oppose the issuance of a preemption ruling which would elevate 'antenna effectiveness' to a position above all other considerations. We must, however, argue that the local government must have the ability to place reasonable limitations upon the placement and configuration of amateur radio transmitting and receiving antennas. Such ability is necessary to assure that the local decision-makers have the authority to protect the public health, safety and welfare of all citizens. In conclusion, I would like to emphasize an important difference between your regulatory powers and that of local governments. Your Commission's approval of the preemptive requests would establish a "national policy." However, any regulation adopted by a local jurisdiction could be overturned by your Commission or a court if such regulation was determined to be unreasonable. 18. The City of Anderson, Indiana, summarized some of the problems that face local communities: I am sympathetic to the concerns of these antenna owners and I understand that to gain the maximum reception from their devices, http://www2.arrl.org/FandES/field/regulations/local/prb-1.html 11/30/02 ARRLWeb: Memorandum Opinion and Order in PRB-1 Page 6 of 8 optimal location is necessary. However, the preservation of residential zoning districts as "liveable" neighborhoods is jeopardized by placing these antennas in front yards of homes. Major problems of public safety have been encountered, particularly vision blockage for auto and pedestrian access. In addition, all communities are faced with various building lot sizes. Many building lots are so small that established setback requirements (in order to preserve adequate air and light) are vulnerable to the unregulated placement of antennas. . . .the exercise of preemptive authority by the FCC in granting this request would not be in the best interest of the general public. 19. The National Association of Counties (NACO) , the American Planning Association (APA) and the National League of Cities (NCL) all opposed the issuance of an antenna preemption ruling. NACO emphasized that federal and state power must be viewed in harmony and warns that Federal intrusion into local concerns of health, safety and welfare could weaken the traditional police power exercised by the state and unduly interfere with the legitimate activities of the states. NLC believed that both Federal and local interests can be accommodated without preempting local authority to regulate the installation of amateur radio antennas. The APA said that the FCC should continue to leave the issue of regulating amateur antennas with the local government and with the state and Federal courts. Discussion 20. When considering preemption, we must begin with two constitutional provisions. The tenth amendment provides that any powers which the constitution either does not delegate to the United States or does not prohibit the states from exercising are reserved to the states. These are the police powers of the states. The Supremacy Clause, however, provides that the constitution and the laws of the United States shall supersede any state law to the contrary. Article III, Section 2. Given these basic premises, state laws may be preempted in three ways: First, Congress may expressly preempt the state law. See Jones v. Rath Packing Co., 430 U.S. 519, 525 (1977) . Or, Congress may indicate its intent to completely occupy a given field so that any state law encompassed within that field would implicitly be preempted. Such intent to preempt could be found in a congressional regulatory scheme that was so pervasive that it would be reasonable to assume that Congress did not intend to permit the states to supplement it. See Fidelity Federal Savings & Loan Ass'n v. de la Cuesta, 458 U.S. 141, 153 (1982) . Finally, preemption may be warranted when state law conflicts with federal law. Such conflicts may occur when "compliance with both Federal and state regulations is a physical impossibility, " Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142, 143 (1963) , or when state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress, " Hines v. Davidowitz, 312 U.S. 52, 67 (1941) . Furthermore, federal regulations have the same preemptive effect as federal statues, Fidelity Federal Savings & Loan Association v. de la Cuesta, supra. 21. The situation before us requires us to determine the extent to which state and local zoning regulations may conflict with federal policies concerning amateur radio operators. http://www2.arrl.org/FandES/field/regulations/local/prb-l.html 11/30/02 ARRLWeb: Memorandum Opinion and Order in PRB-1 Page 7 of 8 22. Few matters coming before us present such a clear dichotomy of view point as does the instant issue. The cities, countries, local communities and housing associations see an obligation to all of their citizens and try to address their concerns. This is accomplished through regulations, ordinances or covenants oriented toward the health, safety and general welfare of those they regulate. At the opposite pole are the individual amateur operators and their support groups who are troubled by local regulations which may inhibit the use of amateur stations or, in some instances, totally preclude amateur communications. Aligned with the operators are such entities as the Department of Defense, the American Red Cross and local civil defense and emergency organizations who have found in Amateur Radio a pool of skilled radio operators and a readily available backup network. In this situation, we believe it is appropriate to strike a balance between the federal interest in promoting amateur operations and the legitimate interests of local governments in regulating local zoning matters. The cornerstone on which we will predicate our decision is that a reasonable accommodation may be made between the two sides. 23. Preemption is primarily a function of the extent of the conflict between federal and state and local regulation. Thus, in considering whether our regulations or policies can tolerate a state regulation, we may consider such factors as the severity of the conflict and the reasons underlying the state's regulations. In this regard, we have previously recognized the legitimate and important state interests reflected in local zoning regulations. For example, in Earth Satellite Communications, Inc. , 95 FCC 2d 1223 (1983) , we recognized that . . .countervailing state interests inhere in the present situation. . .For example, we do not wish to preclude a state or locality from exercising jurisdiction over certain elements of an SMATV operation that properly may fall within its authority, such as zoning or public safety and health, provided the regulation in question is not undertaken as a pretext for the actual purpose of frustrating achievement of the preeminent federal objective and so long as the non-federal regulation is applied in a nondiscriminatory manner. 24. Similarly, we recognize here that there are certain general state and local interests which may, in their even-handed application, legitimately affect amateur radio facilities. Nonetheless, there is also a strong federal interest in promoting amateur communications. Evidence of this interest may be found in the comprehensive set of rules that the Commission has adopted to regulate the amateur service. \fn 5/ Those rules set forth procedures for the licensing of stations and operators, frequency allocations, technical standards which amateur radio equipment must meet and operating practices which amateur operators must follow. We recognize the amateur radio service as a voluntary, noncommercial communication service, particularly with respect to providing emergency communications. Moreover, the amateur radio service provides a reservoir of trained operators, technicians and electronic experts who can be called on in times of national or local emergencies. By its nature, the Amateur Radio Service also provides the opportunity for individual operators to further international goodwill. Upon weighing these interests, we believe a limited preemption policy is warranted. State and local regulations that operate to preclude amateur communications http://www2.arrl.org/FandES/field/regulations/local/prb-1.html 11/30/02 ARRLWeb: Memorandum Opinion and Order in PRB-1 Page 8 of 8 in their communities are in direct conflict with federal objectives and must be preempted. 25. Because amateur station communications are only as effective as the antennas employed, antenna height restrictions directly affect the effectiveness of amateur communications. Some amateur antenna configurations require more substantial installations than others if they are to provide the amateur operator with the communications that he/she desires to engage in. For example, an antenna array for international amateur communications will differ from an antenna used to contact other amateur operators at shorter distances. We will not, however, specify any particular height limitation below which a local government may not regulate, nor will we suggest the precise language that must be contained in local ordinances, such as mechanisms for special exceptions, variances, or conditional use permits. Nevertheless, local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. \fn 6/ 26. Obviously, we do not have the staff or financial resources to review all state and local laws that affect amateur operations. We are confident, however, that state and local governments will endeavor to legislate in a manner that affords appropriate recognition to the important federal interest at stake here and thereby avoid unnecessary conflicts with federal policy, as well as time-consuming and expensive litigation in this area. Amateur operators who believe that local or state governments have been overreaching and thereby have precluded accomplishment of their legitimate communications goals, may, in addition, use this document to bring our policies to the attention of local tribunals and forums. 27. Accordingly, the Request for Declaratory Ruling filed July 16, 1984, by the American Radio Relay League, Inc. , IS GRANTED to the extent indicated herein and in all other respects, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William J. Tricarico Secretary Page last modified: 04.35 PM, 10 Apr 1995 ET Page author: reginfo@arrl.org Copyright©1995,American Radio Relay League, Inc.All Rights Reserved. http://www2.arrl.org/J'andES/field/regulations/local/prb-1.html 1 1/3 0/02 F,„....,__ PLANNING BOARD MEMBERS � SVFFO(4'CO BENNETT ORLOWSKI,JR. 40�Q • P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGIANO ; ; Telephone (631) 765-1938 WILLIAM J.CREMERS � O � Fax(631) 765-3136 KENNETH L.EDWARDS 0 MARTIN H.SIDOR %--791 jig %O• Q,'�� ( PLANNING BOARD OFFICE JTOWN OF SOUTHOLD rwrn MEMORANDUM MAY - 6 7003 Date: May 6, 2003 ZONING BOARD OF APPEALS To: Lydia Tortora, Chairwoman, Zoning Board of Appeals From: Bruno Semon, Senior Site Plan Reviewer ;. Re: Appl#. 5287 Warren Machado 165 Wood Lane Southold, NY 11971 SCTM: 1000-86-6-2.3 In response to your Memo for the request of comments on the above. The Planning Board discussed this at the work session May 5, 2003 and at this time don't have an application for this project. We reviewed the Town Code and there is no requirement for the proposed Amateur Radio Tower to have a site plan. We can't review this at this time without an application to the Planning Board. If you require staff assistance on this project, please contact us at (631) 765-1938 . Thank you in advance. Cc: file, PB ` r APPEALS BOARD MEMBERS „ �oFF04 y, OG ; Southold Town Hall Lydia A. Tortora, Chairwoman y� 53095 Main Road Gerard P. Goehringer ; y Z ; P.O. Box 1179 George Horning Southold, O � New York 11971-0959 � � � Ruth D. Oliva =y*1j0a0�'��� ZBA Fax(631)765-9064 Vincent Orlando ' 1 * �;•''� Telephone (631) 765-1809 http://southoldtown.northfork.net TOWN MEMO BOARD OF APPEALS TOWN OF SOUTHOLD TO: Mr. Bennett Orlowski, Jr., Chairman, Planning Board FROM: Lydia A. Tortora, Chairwoman, Zoning Board of Appe.4” DATE: May 1, 2003 SUBJ: Request for Planning Board Coordination Reply Joint Application Reviews The following map reviews are pending before the Zoning Board of Appeals, and calendared for a public hearing and possible decision on May 15, 2003: Referral(s) under Site Plan Provisions: Appl. No. 5287 —Warren Melhado Project Description: Construct an amateur radio tower exceeding height limitation Location of Property: 165 Wood Lane, Southold Appl. No. 5109 — Giannaris (Hellenic) Project Description: Construct new hotel units with side yard setbacks Location of Property: 5145 Main Road, East Marion Would you please forward comments or suggestions on the site issues that may be of concern to the Planning Board under the site plan jurisdiction reviews. By way of a copy of this letter, we are also asking the applicants to contact your Department (765-1938) to determine if original maps, an application, or other documentation may be necessary for your department to commence this preliminary review. Please feel free to review the official ZBA file at any time that is convenient for your staff. Thank you. cc: W. Melhado P. Moore, Esq. File Board Members Town Of SoutholdII 0P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/17/02 Receipt#: 1270 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 1270 Total Paid: $150.00 Name: Melhado, Warren 165 Wood Lane Peconic, NY 11958 Clerk ID: LINDAC Internal ID:64772 ,••iii.. A>, 00 ELIZABETH A.NEVILLE ��, # Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 t 1 REGISTRAR OF VITAL STATISTICS N.$1,,i Southold, New York 11971 MARRIAGE OFFICERv. 6Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �_ Ol *a�•10.� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER •••• ° southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: December 17, 2002 RE: Zoning Appeal No. 5287 Transmitted herewith is Zoning Appeal No. 5287 of Warren K. Melhado for a variance. Also included is: letter of transmittal dated December 13, 2002; Applicant Transactional Disclosure Form; Project Description; Short Environmental Assessment Form; Notice of Disapproval dated November 27, 2002 and amended December 13, 2002; ZBA Questionnaire; copy of building application; FCC license; photos; specs for tower; Memorandum Opinion and Order in PRB-1; and survey. APPEALS BOARD MEMBERS ,�� � SOFFU�,� O 0 # Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer ; y Z P.O. Box 1179 George Horning VO .F�� Southold,New York 11971-0959 Ruth D. Oliva ; �JJO aO�°/ ZBA Fax(631)765-9064 Vincent Orlando =.1 * 1;,''I Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD August 27, 2003 _ „. e a 9,Li_a 14C14 Mr. and Mrs. Warren Melhado -P.° 4i 0 165 Wood Lane3 Qe�.t'c, n y il9S-� Re: Appl. No. 5287 —Variance Dear Mr. and Mrs. Melhado: Enclosed please find a copy of the findings and determination rendered at Zoning Board of Appeals Meeting held June 19, 2003. Please follow-up with the Building Department (765-1802) for the next step in this building-permit application process. When returning to the Building Department, you may want to furnish their office with another copy of the enclosed determination. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision also furnished today to: Building Department j \t U‘ NOTICE OF PUBLIC HEARING THURSDAY, MAY 15, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, May 15, 2003, at the time noted below (or as soon thereafter as possible): 2:00 p.m. Warren Melhado #5287. Based on the Building Department's December 13, 2002 amended Notice of Disapproval, applicant requests a Variance under Section 100-30A.4 (ref. 100-33) to construct an amateur radio tower in a front yard at a height exceeding the code limitation of 18 feet as an accessory structure. Location of Property: 165 Wood Lane, Southold; 1000-86-6-2.3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 28, 2003. Lydia A. Tortora, Chairwoman Board of Appeals NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property APPLICANT: W Akavki Meta } 4-OG TAX MAP #: - (o - . 3 REQUEST: Variacz ovit y� • S +boJt Accj . 3tYudure radio w1'fptt TIME & DATE: lt MO' 1 5, 4200 3 a PTh If you are interested in this project, you may review the Town file(s) prior to the hearing during normal business days between the hours of 8am and 3pm. ZONING BOARD *TOWN OF SOUTHOLD • 631 -765-1809 /7— 62—Ai 61-o 17r- COUNTY OF SUFFOLK X03 Co-vu1/4f0i;s61,---Or-e e,,1,1-Y 7 ,641 ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING September 29, 2003 OCT 8 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) New Suffolk Shipyard* 5149 /Melhado, Warren 5287 Sonnenborn, Donald 5315 Frohne, Frederick 5317 Hurtado, John** 5319 Antoniou, Lefkios 5344 Cephas, Derrick*** 5346 McKee, James 5350 St. Pierre, Joseph 5351 Rock, Crystal 5352 Carney, Thomas 5353 Rapisarada, Noel 5354 Reed, William 5356 Kennedy, Jay 5358 Stein,Nancy 5360 Baig, Tarig** 5369 Goggins, William & Donna 5382 *Alternate relief appears warranted consistent with appropriate developmental restrictions, particularly as set forth by the Z.B.A. ** Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria, particularly as relates to the swimming pool (#5319) and two family dwelling (#5389). LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 6100 ■ (5 16) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER(5 16)853-4044 I September 29, 2003 FOLK COUNTY PLANNING DEPAR._ ._NT Page 2 ***Premises should be encumbered by appropriate developmental restrictions, particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G:\CCHORNY\ZON ING\ZONING\WORKING\LD2003\SEP\SD5149.SEP OCT 8 2003 LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 61 00 ■ (5 1 6) 853-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER I!5 16> 853-4044 /,,,,,ice... APPEALS BOARD MEMBERS �/o� �S�FFD�1t ��i••4. G• Southold Town Hall Lydia A.Tortora, Chairwoman o= d , 53095 Main Road Gerard P. Goehringer % va Z ; P.O. Box 1179 George Horning O .7$$$ Southold,New York 11971-0959 Ruth D. Oliva =y'#0 a0�/��� ZBA Fax(631)765-9064 Vincent Orlando =-'--..--.00'1 * � •''� Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD September 23, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5287 — Melhado, Warren Action Requested: Accessory structure, front yard. Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lydia A. Tortora, Chairwoman Southold Zoning Board of Appeals LAT:jb Enc. ... -to, wiauutucx; rarcel r ... ient's 1000-141-2-13. (carrvcuaer) - Mansion House nded 11:10 a.m.Nick Bruno#5309. Dri ishers Island; Parcel 6- ; is a Based on the Building 5-1 - - �� alder Department's November 19, 1:10 p.m. AT&T Wireless the -- #5311. This is a request for a u at See Legals next page Special Exception under Section 100-162 for a public - utility wireless telecommunica- COUNTY OF SUFFOLK tion facility with antennas at the site of Our Lady of Grace STATE OF NEW YORK ss: Church, Oriental Avenue, Fishers Island;Parcel 1000-9-7 Lise Marinace, being duly sworn, says 11.1. that she is the Legal Advertising 1:25 p.m. VIHOLD CORP. Coordinator, of the Traveler Watchman, and J & C Holdings, Contract Vendee #5313. Based on the a public newspaper printed at Southold, Building Department's February in Suffolk County; and that the notice of 6, 2003 Notice of Disapproval, applicants request a Variance which the annexed is a printed copy, has .under Section 100-239.4A.1 to been published in said Traveler construct a new dwelling at less Watchman once each week than 100 feet from the top of the bank or bluff of the Long Island for ./ week( successively, Sound, after removal of the comme77. 'ng on the / day of existing dwelling. Location of '.."' 2003. Property: 19625 Soundview •' Avenue, Southold; Parcel 1000- /, '� 51-1-22.2. / 4 1 t.k.L.C,e.. 1:40 p.m. George Giannans, ' John Giannaris• and Others/Hellenic Cabins #5019. Based on the Building Department's March 13, 2003 amended Notice of Disapproval, Sword tto before me this / day of applicants request Variances ,/ t,L ., 2003. under Section 100-244B to con- struct hotel units in this Limited , t Business (LB) Zone District, (.�"' after removal of the existing 2,�� cabin structures. The new hotel units are proposed to be located Notary Public at less than 20 feet on a single side yard, less than 45 feet for both side yards (total), and less Emily Hamill than 75 ft. rear yard, at 5145 NOTARY PUBLIC,State of New York Main Road,East Marion;Parcel No.01HA5059984 1000-35-2-14. Qualified in Suffolk County 2:00 p.m. Warren Melhado Commission expires May 06,2006 _ _ #5287 Based on the Building sed ot1 a of Department's December 13, second use is,propos y. yi 2002 amended Notice of L Is.frrom PXPeeding F0ge ; in:,fess°titilY Iso,' s q. Disapproval, applicant requests _ ,a:- a' iL:' f.• 0,I'°'•`-: : �~�e tq °; a Variance under Section 100- s �_. d;lvl�CtiluscC; 2(�� Notice-ex at �11Airi;'l 30A.4(ref. 100-33)to construct applicant requests .a Variance Parcel 1000-122-379, als will an amateur radio tower in aectibns 1A-242A' add Tlxe Bard o€ 'Appe; front yard at a height exceeding 100-239.48 ts°` dfisfrut t `fin Ali'alst�n �`br they rePre- the code limitation of 18 feet as ,_at_rless,'thin 7'i `feet seotaijve . fit to be heard an accessory structure. from :b � d.le }ttta'rt dt•e h �$,'ai or desiring Location of Property: 165 Wood 35 feet from the front and real to siibintt written statements Lane Southold; 1000-86-6-2.3. at.1�15.•Sun Lane, before_tile, cop u$ n of_each 2:15 p.m. East Enders/11160 r li lines, ch ,X11'not Main Road. Inc. ot tl i ,' arce1-1 0-76}1 hea iizg... �MC d st ted nc. (formerly ,1�n a-in 'Claire' i L. start eattllet Cifarelli) #5211. Based on the Building Department's August 16,2002 Notice of Disapproval, amended February 26, 2003, applicants request Variances under Sections 100-101, 100- 242A,and 100-243A.(1)to add a second use on a nonconform- ing lot, and (2) to construct additions and alterations to an existing building located in the B-General Business Zone District, at 4:4 feet to the front lot lines at its closest point. The . . , „ - • ,- -' - , • . , ,. . . . , • - ' ' -.•'1'..-r-,c.,...;1_,.,p;,... ..." '-,,.4- '... - - . - , r; - - ,:. : , '--'-1:..;:•;.g0i'''.i•ft--<1'47,:": el-;i-Al. = , — . ..-e* : '7., 4..1; ,,,t.: ii:.--Zi- , - JO SU001101Sx4 litiCIPPPe. at. '-',.r, - ' •', , . _ . .. . , .7.,, ' '- - . 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'',1 o' N'•V'tlaSa S/• sS' C f' / .7 ,1,1-, > 4- , /0; .4 ,s,). i it I •.,.. I, . ;.,',-7:- ,:II 7/ *-- 01 -f 4 f / ,. :. .'"' "iii iff\_.), - 4,4\ A qi, • . >- , .' .• - V A.I'll NOV6-- -4i,44 8 i• I / / kt.7"234i X ./ 1,4 / 1 / i i / - - ? 411i..-.... ..,...-47-.........------........---,.-...---_ . . . Z_Slet , , . .,..16..4._ -. 1 / a CO Yr.114A- 1 . / \ . . i \ /1/ ,, / 4 / 1 I ; i 1 . , ;1 / i Nr.lcilkITTVia. i - t . i . . ., _ , , . . _ . . ...,,............„..._,..,. . , -,* : . . , . . . . .,, , . . . . . . . . _ . 1. / 1\12-t-W- I FORM NO. 3 L NOTICE OF DISAPPROVAL DATE: November 27, 2002 TO: Warren& Edith Melhado 165 Wood Lane Southold, NY 11971 Please take notice that your application dated November 26, 2002 For permit to construct an amateur radio tower at Location of property: 165 Wood Lane, Southold, NY County Tax Map No. 1000 - Section 86 Block 6 Lot 2.3 Is returned herewith and disapproved on the following grounds: The proposed accessory amateur radio tower, located on a 71,039 square foot parcel, with two front yards, in the Residential R-40 District, is not permitted pursuant to Article IIIA, Section 100-30.A.4, which states., "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural- Conservation District,"which states, "In the Agricultural-Conservation District and Low- © Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: "A. Such buildings shall not exceed eighteen (18) feet in height." The proposed accessory amateur radio tower is noted as being located in the front yard and, in its fully erect position,measures 54 feet in height. Total lot coverage on the property, following the proposed construction, would be+/- 3 percent. utho .- . ign Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TOWN OF SOUTHOLD BUILDING P IIT APPLICATION CHECKLIST 'BUILDING DLPARTMENT Do you uo,ve or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Oiteg l l -. MatiAq; Disapproved arc l bC l voo 1 t✓rl, PE pArre /1958 Phone: 31-7 3 4--6929 Expiration ,20 Building Inspector 5 APPLICATION FOR BUILDING PERMIT Date WOO, Z. 6 , 20 Oz- INSTRUCTIONS vINSTRUCTIONS Thissapplication MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plkas,Accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Z-the-cde-ft. /747.42 (Signature of applicant or name,if a corporation) 16 5 000D Li , PEcvMT-c, /4/ //'YOB (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 060A142- Name 2 0Al -Name of owner of premises uJ (2 i �, E Eb - 7-I JT AA (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 16.c too ob c_.n1 Pico Arc House Number Street Hamlet a .3 County Tax Map No. 1000 Section a6 Block 6 Lot Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy-of premises and intended use and occupancy of proposed construvtion: a. Existing use and occupancy 574CI 1-01.1)6A CE # b. Intended use and occupancy 5A-i1c 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Workttivil--rgvg Rince, TDW062- (Description) 4. Estimated Cost (O 00 Fee $ 3 5-, 00 (To be paid on filing this application) 5. If dwelling, number of dwelling units I Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 7 Rear 7 Depth 4-a Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height 60 Number of Stories 9. Size of lot: Front 2-o 4- Rear 19 7 Depth 3 ',2- 10. 10. Date of Purchase /i g/�'� Name of Former Owner IJ ktiZb Cr Ck i c pJ O(4). c a 11. Zone or use district in which premises are situated R—40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO k' 13. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO Wr4RQalq K-4 l „S c000pl...0 14 Names of Owner of premises an-vn4 F ru Er rtA-D Address cDriz, of n95DPhone No. 6 3 i--134-6 92-F Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO -K * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF,u fl e...) u} �C1 �, M 1✓t_N�0 being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this cy(i;l k day of 20 O ,,4 e4g No iry Public Signature of Applicant LINDA J.COOPER Notary Public,State of NW/York No.4E22563,Suffolk Coq nty Toe r;Expires December 31,1S.L. _� - , ,,,.4.-- — • ,-,. ._...,..„ --',-:. _. - - . ' - - . .,. .• . ,...':..., . '3-'-• ,— ,•• ,-.....r- ...-;. :•:•,•-::-.9:4,..,:,1::'-'‘:1: .• ..... , - . ..) . • .-4 .,' ,.;.."- ' :, i . .. , . . 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(o `a, Ie INDEX CARD (ATTACH OLD) TOWN ...71A LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION CERTIFIED MAIL RE !� Domestic Mail •nl ;No Insuran vera.e •rovt.e. r- -0 PECONIC, NY 11958 Postage $ 0.37 UNIT ID: 0958 L ri Certified Fee 2.34 Postmark Return Receipt Fee Here O (Endorsement Required) 1.75 D Restricted Delivery Fee Clerk: KFN5H5 D (Endorsement Required) D Total Postage&Fees $ 4.42 05/03/03 Sent To Street,Apt ,or PO Box No D 2 tn)0e)- Li') D Cd State,ZIP.4 E•3 4:1 11214,1111II U:1 12 Domestic Mail Onl ;No Insurant,.Covera•e •rove•e. LnBISHOPVILLE, MD 21813 Postage $ 0.37 UNIT ID: 0958 Certified Fee 2.30 Postmark Return Receipt Fee1.75 Here 0 (Endorsement Required) O Restricted Delivery Fee Clerk: KF45M5 O (Enddrsement Required) Total Postage&Fees $ 4.42 05/03/03 "a Sent To p Street,Apt.No.,or PO Box No o ) 17 0 3 T Ivo/ TLJ - C3 City,State,ZIP+4 617-5Fievt/1'LLL'J 01) 2JEi3 PS onn 3,0) ❑ 700C ,ee'eversn or 1®IBII�nm= 2:11.61t= kva Dr_ 'TIFIED M A 12 Domestic Mail Only;No Insurance overa•e •rovided m r- tn n PECONICr NY 11958 Postage $ 0.37 UNIT ID: 0958 U-, Er Certified Fee 2.30 Postmark Return Receipt Fee 1.75 Here ▪ (Endorsement Required) O Restricted Delivery Fee Clerk: KFN515 O (Endorsement Required) Total Postage&Fees $ 4.42 05/03/03 Sent To ,r FPPnJK 'tt,or—c% Street Apt.Ns.,or PO Box No. I=1 13 13T l � crty,V State, , �a y li 9313 onn 3H(i 1. v,iv7.11 See everse or its 1nic it Kfl4 a 11214 BALE\MM•1412 Domestic Mail Onl ;No Insurance overa•e •rovide. u7 HICKSVILLE, NY 11801 1=1Postage $ 0.37 UNIT ID: 0958 IJ'1 Certified Fee 2.30 Postmark 1:0 Return Receipt Fee 1.75 Here (Endorsement Required) 0 Restricted Delivery Fee Clerk: KFN5M5 O (Endorsement Required) Total Postage&Fees $ 4.42 05/03/03 Sent To ff ..eL.O(hg.0 K 414)41 ,1 �yrJ), IWnsTces En Street,Apt No. or PO Box No,. o I Cj City,State,ZIP+4 -onn J2A.(_ :ry 7(L1 See•e'erse or nsMinn..— Domestic Mail Onl ;No Insurance overa•e Provided Ln PECONIC, NY 11958 Postage $ 0.37 UNIT IU: 0958 Certified Fee 2•30 Postmark Return Receipt Fee 1.75 Here (Endorsement Required) O Restricted Delivery Fee Clerk.: KFN5M5 p (Endorsement Required) Total Postage&Fees $ 4.42 05/03/03 Sent To * Li rtVAA- K1,1L:P O Street,Apt.No. or PO Box No. 110 0.i,i ?J5on1 LO City ate ZIP+4 '` erNSC , ,iY lir ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK -----------------------------------------------x In the Matter of the Application of AFFIDAVIT LOAF-1\j k. MELIA 7O OF (Name of Applicants) MAILINGS CTM Parcel #1000- Q, - 6 - 2. 3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, tA)A?..(Ze-1) K. MELikAbo residing at )65 LJooD !_ANTE , New York, being duly sworn, depose and say that: On the 3 day of M A y , 2003, I personally mailed at the United States Post Office in Pe c o N r G , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current • assessment roll verified from the official records on file with the Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. idtA.A (Signature) Sworn to be ore me this of , 2O0 ` JOYCE M. NS Notary Public,Stateto of of New York •, )1" No.4952246,Suffolk County ( •tary Public) Term Expires June 12, 9%003 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. MA'3LL=D -1-v L0 Ate- 55 S6- 6 - 2, z Edwt.,141- Cc ,rvl A " a '" 06-6 - � z 32-c Pe«.t t L, ,4 y /► 958 e6- 6- 12 2. ;tip P. afArcis41v- 12-03 Av►.iv►1y 05110('✓,l1 , MD Z► 0 / 3 q6-l - 1, Z lire,SIG VtAl k , Sr- * W 1 (e- �135� J�v�� �tiw t\lPct L C)-ec01,1 ,c y ii9. 0- � cis )&L Lia 5�- i2 � lar� �, aese• J, roll as v�sf-mss I °1 L . I-1-icks.0/1.e ,ply 801 t2 0 Roca 4sr t L. 0.- (eccAA 1 c ) lJ Y fScs • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent IIPrint your name and address on the reverse X 0 Addressee so that we can return the card to you. B eived by{,Parted Name) C. ■ card Dat. of Deliveryrtonh this t a backthe mailpiece, or on the front ifspacepermits. �(05D7 D Is delivery address different from item 1? Yes 1 Article Addressed to: If YE enter delivery address below: 0 No i'= ter.►n S. E Che-OL A. RA 41A-14 12-- 6f''721� 3.2_ boo°P LKII V o/ c / 1`+ Y 1) 7 O 3. Service Type aCertified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7 cry 17 0 Coo 6 R S¢ 6 J l 7 PS Form 3811,August 2001 Domestic Return Receipt 102595-o2-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • LC Pc-0-0-i3J ytk c1 N✓ t'L' l � � c,000.1) L� Cc /1 ) ) ) y )I9��� - k • _ • •u- •. t r iiamrmraraYm.>,irravoeseowimr ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X / / CQ 0 Addressee so that we can return the card to you. B. Received by(Printed Name) .efv= • Attach this card to the back of the mailpiece, / ,n�G,NCi--/• O FR, or on the front if space permits. r'(JK Is delivery address different from item 1 0 es 1 Article Addressed to: If YES,enter delivery address below- • No j—i F - KOLL, S2- 4 14).zz. i I'1TA k_ L nl !4 3��F413. Service Type T !~- Y � Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7 000 1671) CCy, cis--4-0 63-73 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-154c UNITED STATES POSTAL SEF2VICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • bk) A-c-e> F1.,Nuc-, jcjC `41::_e--7- / I`� y It %,co -Y 17itiMOMISIWZMII:14x 1101. COMPLETE THIS SE TION .N D • Complete items 1,2,and 3.Also complete A. Sign-Lip item 4 if Restricted Delivery is desired. ,� nt • Print your name and address on the reverse X &if--taa ddressee so that we can return the card to you. B. R4.. by(Printed C r,to of Delivery • Attach this card to the back of the mailpiece, �� / / or on the front if space permits. a 0 >! Is delivery address different from item 1? 0 Yes 1 Article Addressed to: If YES,enter delivery address below 0 No tZ 0 gro?).1:11/415P/,) LN . t 3. Service Type -[7I\J�G- / /w , /���S Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (transfer from service label) 7 000 /67 0 001'165 �I c4-o 6 56 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE • First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 1 C 1 C Oo 17 L_Ni ,vsi-w-zo-s6szoi iiil1illiiiii111111i-1}i,1j��1143rfrMlirtre011it'{1iit1i11t9OZ 3snony`� wJod Sd 9 Q Yj`t7 good of pi 00(26 (egej applies wog JSJSUSJJ) JagwnN alo!>Jy 'Z saA 0 (aed eJlx3)LNan!Iea paloulso j v •00'0❑ I!eW painsul ❑ as!pueyoJaW J01101938E1 wnlaa ❑ paials!6au ❑ I!eW ssaldx3 0 I!eW pag!i-J90 C `7 ed(1aoln1es •E (z -a I A vel W/(. ON 0 .neolaq ssaippe tianpap Jewa'53.111 r7 L well wog weJaU!p sseuppe AJan!lep SI •Q :ol passaippy 81011N 11Cb4-AZ041 " 1 silw.tad coeds p lual ayl uo Jo (aweN paluu.)Aq panlaoaa g 'aoaldpew eq to>oeg ay;of pep slyl yoellb' ■ 'nod of pied ay;=la!ueo amleil os OSienei ayl uo ssaippe pue eweu anon(luIJd • 1.1 •pansep s!tianpaa paloulsaa lib Wali aanleu.IS •y alaldwoo oslb''E pUe` Z'i swan alaldwoa • ' 3137dW00tarrxkur.►a►trrrimaa_ugs: ,t;E • First-Class Mail I Hill Postage&Fees Paid USPS Permit No. G-10 nder: Please print your name, address, and ZIP+4 in this box • (A/A e g)) Pe-Y:0 r - , ,-1y i)qs ' ■ Complete items 1,2,and 3.Also complete A. Signat ire- item 4 if Restricted Delivery is desired. X j/� % /, 0 Agent • Print your name and address on the reverse // /� . 0 Addressee so that we can return the card to you. Pre;b" ' ,� • Attach this card to the back of the mailpiece, //�� y( .dP .me) C. Date of Delivery. or on the front if space permits. . is/5 !° f D s delivery address different from item 1? 0 Yes 1 Article Addressed to: If YES,enter delivery address below. 0 No GLoIUA R.64-A .- 'R IV iii-LTt S A 2tLL As ikusil- 5 t q ' 1---Ki 3. Service Type 1 NlC ✓YL L-z, )J y 11 Bo r la-Certified Mail ` ' 80 0 Registered •.turn Recei• for erchandise 0 Insured Mail4 11 • I. 1r 4. Restricted Delive • ee/ SI 1 Yes 2. Article Number (Transfer from service lab Ot D ft .C� t '7511) �i PS Form 3811,August 64I I ff drktstIetu1rn+ AP i 102595-02-M-1540 UNITED STATES POSTAL SERVICE - first-tI¢, ail 0 C a• '/4, -s Paid ��LtNoIPSit 1 • Sender: Please print your name, address, and ZIP i his bo 4 65 woo-p L-,4 f cOrlTZ > 1-1Y >>q5 3 • t, • V 1 RECEIVED MAY 1 3 2003 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ZONING BOARD OF APPEALS In the Matter of the Application of AFFIDAVIT UJ}�6Z���1 t ►�l EZ-1+,4--Do OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- a 6 - 6 - z.3 -----------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, W A-R. -7'J K • M ELt+4>o residing at 16,S cvooD LA-x1&-; , New York, being duly sworn, depose and say that: • On the 3 day of IMa.. / , 20Q3 I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, w ich hear��date was ho n to be ! 4i (Signature) Sworn to before e this 13 day of ri 10--6 , 200e. 1412— LYN , BOHN NOTARY PUBLIC,State of New York No.01B06020932 (N .ary Public) (qualified in Suffolk County Term Expires March 8, 201 *near the entrance or driveway entrance of my property, as the area most visible to passersby. OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(caTown.Southold.nv.us or Pau la.Qu intieriWTown.Southold.nv.us Jessica.BogereTown.Southold.nv.us (631) 765-1809 fax (631) 765-9064 April 29, 2003 Re: Chapter 58— Public Notice for Thursday, May 15, 2003 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before May 5th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before May 7th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) If you need a replacement poster, please contact us. 3) Before May 7th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) By May 14th, please file your Affidavit of Posting with our office to show proof that the sign has been posted for seven (7) days. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff