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Home My WebLink About5671 _,..),,,--:97,;:p C'ttie4 _ "ii t vitt. 4-5/07 - Az lo7.zo%� - c� Qc� i, 44/7 4Ca *r 46-a3a - 6 o £EtMt ?eJ ,/GE ,e—yu,e PH i/i /a. ec '9•/ asssCe. d� 'urcnoukE £.c/is/ Aioee- - - ,1r .." 3/a% '. '/ 3 X .4, x/,7 a3G3s- 3 0--77 / Etzf14 QIW/�,y7^ ' /54 sAies s E S !AB. i,✓ -s-/,5,4/i„.4 zo-" 1i4 3- 3- o5 -2_ ®-1°/87 WA/ix/ iier✓6c YG Pit I/,1/422 * 3706- 3E • /9i Zeec r,e'c <e_s 6s' e ,3 �' rQ(7.i Lie��. ea-Tt�{og 4G 9- /3Aft' 74°-�ed`P fie/ /0/015/9/ 3A36- A '. ,///d/g7 �/ Sc ale /26-ter. gccc.zeJ a-cl /1.e'ccZG .Le-2-e) C, tccZcc e-i J"""•e e— /916 - f�dNopPeLe eidro 723-2•16,e sr EG9a.PK'E.uT 446-5, c" tU .d Avb /C 1.9�P.e ��.0 ii..,1 el-... and,..,,,,- 4 .'--. „,. .2,. ./:, . ,1/47,,,7i k9 # iii aca5t- Qtt- /6/asp/9/ - 4 . * Rc.eL-1 - ce,¢lats-e /0..s_l..c. .vr _�. -en r%d//Y/ (O0`Rl J0 • ,,,„,i,,,,,, • APPEALS BOARD MEMBERS �!4OF SO(f4, Southold Town Hall Ruth D. Oliva,Chairwoman �,' O 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer ; * *; Southold, NY 11971-0959 Vincent Orlando • 0, Office Location: James Dinizio. Jr. „7"0 . t/ Town Annex/First Floor, North Fork Bank Michael A. Simon IY�U ,i. 54375 Main Road(at Youngs Avenue) ;,,.�'• Southold. NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809• Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 10, 2005 Appl. No.5671 —CINGULAR WIRELESS PCS,LLC (A.Junge,Owner) Property Location: 21855 C.R.48 (Middle Road),Cutchogue CTM No.96-1-19.1 SEORA 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 as a setback request. PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the north side of C.R. 48 in Cutchogue, with 45,589 sq. ft. of land area and road frontage of 168.17 ft. The property is immediately adjacent to the Landfill at the north side. To the west are residences, and to the east, vacant land. The property is located in the Light Industrial (LI) Zone District and improved with an existing Telecommunications Tower and equipment shelter structure, and business buildings. BASIS OF APPLICATION: Building Department's December 15, 2004 Notice of Disapproval denying a permit to construct for the reason that the equipment shelter (storage building) is proposed in a location at less than 70 feet from the rear property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 2005, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence,the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: Applicant requests a location of a 13.5' x 23' equipment shelter building, 32 feet from the rear property line. The January 10, 2005 updated site plan (Z01) shows its proposed location near the existing 100' monopole tower and equipment compound, and north of the existing parking area. Also proposed is additional landscaping and fencing on the west and south sides. 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 relief requested will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The Telecommunications Law requires co-location on existing towers. This property contains an existing tower, and applicant's propose to co-locate antennas in accordance with the codes within the existing 100 ft. height of the tower. The need for an equipment shelter building is in support of the co-location. The existing telecommunications tower sits in the northeasterly rear yard,and there is a need for this building to be as close to the tower as possible. Page 2—March 10,2005 ZBA Ref.5671 —Lingular Wireless(and others) 96-1-19.1 at Cutchogue 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of environmental constraints and because the proposed location is the most beneficial to the applicants and the neighborhood. The requested variance is not unreasonable and is within keeping of the many regulations pertaining to public utility uses and transmission towers. 3. The variance is not substantial and exceeds the setback requirements (ref. 100-33) which apply to similar types and designs of accessory storage structures in this and all other zone districts. 4. The relief granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest the new location of the equipment shelter structure will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The applicant will provide landscaping for buffering the area. The Board suggests five-foot arborvitae, planted four feet apart, to be continuously maintained. However, the Board reserves the right to review this buffering layout if screening is not adequately followed by applicant relative to this particular area. 5. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of equipment shelter, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Dinizio, and duly carried,to: GRANT the variance as applied for, and shown on the Infinigy Engineering Co. site plan ZOl dated 9-29-04, updated 10-14-04. 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 Oliva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5-0 1k ) , &C 0 0,.,0.. Ruth D. Oliva, Chairwoman 4-$-05 Approved for Filing I • LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 3, 2005 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, MARCH 3, 2005: 12:00 PM CINGULAR WIRELESS PCS, LLC (Site Owner: A. Junge) #5671. Request for a Variance under Section 100-165(C), based on the Building Department's December 15, 2004 Notice of Disapproval concerning a proposed equipment shelter building at less than 70 feet from the rear lot line, at 21855 C.R. 48 (Middle Road), Cutchogue; CTM 96-1-19.1. Zone: Light Industrial. 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: February 7, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN 11111 110 FORM NO. 3 �l` NOTICE OF DISAPPROVAL DATE: December 15, 2004 TO: SBA Network Services NC Arthur Jung 5900 Broken Sound Parkway NW Boca Raton, FLI33487-2797 Please take notice that,your application dated November 16, 2004 For permit to affix public utility wireless communications antennas to existing monopole and install a related equipment shelter at Location of property: 21855 County Road 48, Cutchogue, NY County Tax Map No. 1000 - Section 96 Block 1 Lot 19.1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XV[, Section 100-165 C., which states "Setbacks. Towrs and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located." The above referenced pjoperty is located in the Light Industrial District. According to the Bulk Schedule, the minimum rear yard setback in that district is 70 feet. Plans note that the related equipment shelter has a proposed rear yard setback of+1-32 feet. In addition, site plan approval is required from the Southold Town Planning Board. _fy; I 1 (/ Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Sduthold Town Building Department. CC: file, Z.B.A. • • M For Office Use Only: Fee $ Assigned Appl. No. Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS p� / For Office Use Only Fee:$ 100. Filed By:o A 1c s • Date Assigned/Assignment No. 56 Office Notes: r..k /(It) ` f Parcel Location: House No.21855Street County Road 48 Hamlet Cutchogue SCTM 1000 Section 96 Block 1 Lot(s) 19.1 Lot Size 1.04 acZoneDistrictL. I . -Li ght Industry I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 12/15/04 LIN Cellular Communications (NY) LLC, successor in interest to Applicant/Owner(s): Cellular Telephone Company C`uDyer A. J unA E Mailing Address: 333 Crossways Park Drive Woodbury, NY 11797 �C Telephone: 516-677-6503 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent.architect,builder,contract vendee,etc. Authorized Representative: Lawrence C. Re - Attorney at Law Address:36 North New York Avenue Huntington, New York 11743 Telephone: 631-425-4100 Fax : 631-425-4104 Please specify who you wish correspondence to be mailed to,from the above listed names: 0 Applicant/Owner(s) XlAuthorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 10/8/04 FOR: t Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change,of Use ❑Permit for As-Built Construction 0 Other Addition/Alteration Provision of the Zoning Ordinance Appealed. Indicate Article, Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XVI Section 100- 165 Subsection (C) Type of Appeal. An Appeal is made for: XXA Variance to the Zoning Code od(Z4lhlftill y. ❑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 appealfhas 0 has not been made with respect to this property UNDER Appeal No.5232 Year 2002 . • • . • 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: The premises are al ready improved with existing telecommunications facilities with related equipment shelters. The addition o the s all .e i RmVent.c binetsproposed will not change the character that has already e Verer�in�3 Frt ex seen seg (2 �ie ane t soug by t�e ap�lYcanf CANNOT bye achieved by some method feasible for the applicant to pursue, other than an area variance, because: The tower and existing equipment shelters are already in place. Due to the size and nature of the lot in question, it is not possible to locate the small equipment cabinets in a way that would not require an (a35 he amount of relief requested is not substantial because: The equipment cabinets wi 11 be in the fenced compound in the vicinity of the tower in close proximity to the approved existing shelters. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The site is al ready improved with a tower and equipment shelters and lies in the LI Industrial Zone. The proposed site will be * (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) The proposed equipment must be in close proximity to the existing pole. 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. ease proceed to the sianature and notary area below. - ice. uoe f Appellant or Authorized Agent Sworn to bef re me this ( • • t must submit Authorization from Owner) G. day of .h LI -llujar Communications (NY) LLC, successor in interest to Cellular Telephone Company (Notary Public) LAWRENCE C. RE' Notary Public,State of New York ZBA App 9/30/02 No. 52-4799664 Qualified in Suffolk Coun * unmanned, will have no i isbiRntFt"&illsiYey�iit „ or air quality. It will not generate garbage or waste or require a supply of water. Radio frequency emissions will be many times lower than the FCC standard. Additional landscaping is proposed. 473389 95 . -1-19 . 1 OWNER: ARTHUR. V JUNGE NUMBER# DATE TYPE CO T USEYDESCRIPTIOtI 0/00/00 PERMIT a DISTRIBUTION FACILITY 0,'00/00 PERMIT DISTRIBUTION FACILITY 16755 5/27/88 PERMIT 25582 VEHICLE REPAIR SHOP 18708 12/ 27/89 PERMIT 18981 N/D BAKERY B. P. #18708 INSTALL 20540 4/10/ 92 PERMIT 24388 ACCESSORY SHED & TOWER 29392 5/19/03 PERMIT ANTENNA/EQUIPMENT 29861 11/10/03 PERMIT TELECOMMUNICATION TOWER 0/00/00 _ 0/00/00 _ 0/00/00 _ F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit Win M-W-W 010-01 %10 01 %-10-01 4E 4_16[44 0-W 01 •WY Wi01 Z WEN Z lEF WiIM 1 aller W-p-% M-b-% n......7 M P616 Y 16.02 �SECS 0P1-01-00LI r OJ ti TOWN OF o-— SIP/1ST 01.61 'he,"SCUTUM 444 ti lett'se ii O”.,, 4/4111, tib O \ y2- \ °,81 4. / \`\ { I' UWu OF SUFFOLK u ` FOR q,16 % % EEE 4Y 1602 % WIN EF WW1 086-0•411 . amuses,aft rm 2.1 1'° nit Pcts21,..1t@ • rm g ill • S �Y � NNN'S 10111 OF anon a 4,411.41, 0 5 12. 144:;I C . iiIS safe 0 Ie n • • �/ lS voe mm.u.\! [W KLW fW P6.1 Wail I7, \ 4E4GM 4L 4L1 1.2./.1e1 102-02-W21102-02-0Z ' / • seem— yE WEN—Y— y( Wlp—� 4E 4G 161% E .r...u. ` e 11 r _ _. __ — rvwir—_ — IIc°lw'w+ a NOTICE .a::�, COUNTY ia N w ....a ` m ...E_��r O Tva¢ins r�..�wu.—�— .. via.w .wm00w .; �kY _ ..14.Ip,EW I . Red Property it Lia I \ r— 1 __ . ... GENERAL NOTES: / LOT 11.3 .LOCATION LOAN<X SOUIHOLLt I. SFC PLAN ITION INLEU WAS IELD NOSES VARIOUS 50ORCES TS • A, -� _ _ OF FORMD ER EINICYI E FIELD NOTESG, C & MEOF MLNTS D 135143• Pia PgFA-_ PERFORMED E� INFMIGi ENGINEERING, CLEC OF NY 1 a,,'[_\]� _ _ i5D__ 2 IA'S PROPOSAL 15 FOR AN UNMANNED TELECOMMUNICATIONS FACILITY N!3'. ;r \ -M - - '- CONSISTING OF PAHFI ANTENNAS MOUNTED TO AN EXISTING MONOPOLE, t...7.., ♦ PLACEMENT OF SMALL, WEATHERTIGHT RADIO EQUIPMENT CABINETS {" l WITHIN IRE SUBJECT LEASEHOLD, AND ASSOCIATED APPURTENANCES }1Z0�_ j. {II{ �"—�� 041 ' I :. THE NO-r. OT RSD AT&T WIRELESS SERVICES FACILITY WILL RC LAMNIFIED AND 14 1 L. , i DOES Nn, REQUIRE RICER OR ,EWER SERNCE. `a1. 4118 THE PROPOSED AT&TLIMA WIRELESS SERVICE US ITY IS W REQUIRE AND II NOT 451 ACCEDED RATA HUMAN HABITATION AND THUD DOES NOT REQUIRE IIANDI('AP �` , ACCESS. _ 5. at AT&TANCY IS LIMITED TO PERIODIC MAINTENANCE AND INSPECRIO11 A / I,n BY ATWIRELESS,TECHNICIANS APPROXIMATELY (2) 11MES PCR MO TH AA'ROXIIIIIE LOCATION OF 7 �.CYISTML IN WI 201 E%I'DINL PROPERTY LINE (1W.)- �i PARKING LIWSLOMER MCHR E ND STROBIC LIGHTING IS INCLUDED IN THIS PROPOSAL. •a,1 I 7. NO NOISE, SMOKE, OUST OR ODOR WILL RESULT FROM CMm THIS PROPOSAL. 1::' IF 8. OUTDOOR STORAGE AND SOLID WASTE CONTAINERS ARE NOT PROPOSED. '•( Wo ( V EXTERIOR SIGNS ARC NOT PROPOSED. 333 LATE 18.3 IA. I 10 NO NEW ACCESS ROAD WILL BE REQUIRED UNDER THIS APPLICATION. C JENNIE HARRIS I::- I EXISTING BUIL } DING IT. TOCK MLA DI DISTURBANCE UNDER THIS PROPOSAL: 250 SF/ II2. THE INCREASE IN STORM WATER RUNOFF DUE 10 THE INCREASE IN I t - -'• I IMPERVIOUS AREA IS INSIGNIFICANT. EXISTING DRAINAGE PATTERNS WILL NOT BE ALTERED. THEREFORE, DRAINAGE STRUCTURES ARE NOT PROPOSED I t `EXISTING I I3. Au. CONSTRUCTION FOR SUE IMPROVEMENTS SHALL CONFORM TO APPLICABLE iI p 7 ' ON CCIF.CA IONS,ANN STANDARDS, AND RIUNNG JURISDICTION OF THE GOVERNMENTAL ___ ' 14. ALL EXISTING ACTNE SEWER. WATER, GAS. ELECTRIC. AND OTHER I1 UTILITIES WHERE ENCOUNTERED IN THE WORK. SHALL BE PROTECTED 4- -0 I---1 Al ALI TIMES. AND WHERE REQUIRED FOR THE PROPER EXECUTION OF �A _ - THE WORN, SHALL BE RELOCATED AS DIRECTED BY ENGINEERS. 18 ;ISE—e---r• - - EXTREME CAUTION SHOULD BE USED BY THE CONTRACTOR WHEN 1 —,.-- .- EXCAVATING OR PIER DRILLING AROUND OR NEAR MIMES. L.- _ _ CONTRACTOR SHALL PROVIDE SAFETY TANNIN FOR THE WORKING - CREW. THIS WILL INCLUDE BUT NW UNITED TO A) FALL PROTECTION B)CONFINED SPACE C) ELECTRICW. SAFETY 0) TRENCHING & EXCAVATION COUNTY ROAD 18 _ . -- - IS ALL SITE WORK SHAIL BE AS INDICATED ON THE DRAWING AND STIPWAIED IN THE PROJECT SPECIFICATIONS. 16 IF NECESSARY, RUBBISH, STUMPS. DEBRIS. STICKS, STONES AND OTHER B REFUSE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF LEGALLY. 12 THE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO FLOW AWAY FROM THE RADIO EQUIPMENT MO TOWER AREAS. SITE PLAN O DUIEn XORIH 18. THE SUBGRAOE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH UNIFORM GRADE PRIOR TO FINISHED SURFACE APPLICATION 19 ALL EXISTING INACTIVE SEWER, WATER, GAS, ELECTRIC AND OTHER Ilii _`�_ Umins. WHICH INTERFERE WITH THE EXECUTION OF TIE WORK, T�om— SHALL BE REMOVED AND/OR CAPPED, PLUGGED OR OTHERWISE DISCONTINUED AT POINTS WHICH WILE NOT INTERFERE WITH THE SYMBOLS AND MATERIALS SITE LEGEND EXECUTION OF THE WORK, SUBJECT TO THE APPROVAL OF — __ ENGINEERING • OEIPN, REFERENCE ----.----- PROPERTY TINE 20 THE AREAS Of THE OWNERS PROPERTY DISTURBED BY THE WORK AND NOT COVERED BY THE PROPOSED IMPROVEMENTS SHALT BE RESTORED —r FENCE LINE AS REQUIRED. SECTION,. AND DETAILS -max 21 EROSION CONTROL MEASURES. IF REQUIRED DURING CONSTRUCTION, L-- ELECTRIC SERVICE SHALL BE IN CONFORMANCE WITH THE LOCAL GUIDELINES FOR EROSION AND SEDIMENT CON/ROL. E______. CONCRETE ---T-- TELEPHONE SERVICE NOTE: BASCMAPPING INFORMATION 22. ALL SITE WORK SHALT BE COORDINATED WITS THE PROPERTY OWNER OBTAINED FROM DRAWINGS PROVIDED AS REOUIR a]TlOgi4,Tij(`_'n EARTH -- Xo -- PROPOSED CONTOUR BY HIGHLANDER, INC.. AND A VIE A VISIT PERFORMED BY INFTNIGY 23 CO 1 IIS ALERT 800-962-7962 TO GHASFT/:.TUN[ --SO--- EXISTING CDNIOuh ENGINEERING. Lm�r�� ' T Y'T*\T PRIOR 10 CONOTRUCINN //,,iL],i t.a iT,'t \` N 1 ii�ip . SITE PLAN in f i n g Y CUTCHOGUE AT&T °P° 1 °sem °"°vav a" ^^ Lm s \ L) 'I` JL s e n 9 n e e I I n N �/ SITE NO.LI-1027 10.11-04 a ELLS IIILOWY PM Cal . :a 1 It PDC SIAL, a:: —..Iry I]2/ 21855 CUVETTE ROAD A 0.18-04 OTIED FOR It10/YAMPI( FM CM FAAAA`.pi)434-2B CLRCHODIIE,NY 11956 AT&T WIRELESS SERVICES 15 EAST MIDLAND AVWa& VIS ONE AF �VI � W 1 A '. 1 50-036 PABAMLIS,NJOTW2 -•.. , . r ! I + LOT 17.3 I2,_, GENERAL NOTES: LOCATION OF AWS TOWN OF SOUTHOLD •l 1. SITE PLAN INFORMATION WAS WAS BASED ON VARIOUS SOURCES CO2 13.5'x23' LEASE AREA _ -'1 i OF INFORMATION INCLUDING FIELD NOTES 8c MEASUREMENTS ? ±50' PERFORMED BY INFINIGY ENGINEERING, PLLC OF NY. 23. 14_013:--E-- - ..�__�-N�18815 w •,•,y, _ { - 2. THIS PROPOSAL IS FOR AN UNMANNED TELECOMMUNICATIONS FACILITY N•?;;-i�—•; ; -._„ - ' CONSISTING OF PANEL ANTENNAS MOUNTED TO AN EXISTING MONOPOLE, 1120 'Cr•"% - ' ' PLACEMENT OF SMALL, WEATHERTIGHT RADIO EQUIPMENT CABINETS �: 'i,^w' 1 < WITHIN THE SUBJECT LEASEHOLD, AND ASSOCIATED APPURTENANCES I-- J ! 3 THE PROPOSED AT&T WIRELESS SERVICES FACILITY WILL BE UNMANNED AND ' ='I DOES NOT REQUIRE WATER OR SEWER SERVICE 1118 —� •, ' t51 4. THE PROPOSED AT&T WIRELESS SERVICE FACILITY IS UNMANNED, AND IS NOT -1 INTENDED FOR HUMAN HABITATION AND THUS DOES NOT REQUIRE HANDICAP ' I I ,, ACCESS. I 5. OCCUPANCY IS LIMITED TO PERIODIC MAINTENANCE AND INSPECTION APPROXIMATE LOCATION OF ' [N BY AT&T WIRELESS TECHNICIANS APPROXIMATELY (2) TIMES PER EXISTING PROPERTY LINE (TYP) EXISTING I I,, LOT 201 MONTH. 3, PARKING CHRISTOPHER MOHR 6. NO STROBIC LIGHTING IS INCLUDED IN THIS PROPOSAL. N�m I J --IN ( .0,,, J$8 kI 7. NO NOISE, SMOKE, DUST OR ODOR WILL RESULT FROM N i� THIS PROPOSAL. �I� I 8. OUTDOOR STORAGE AND SOLID WASTE CONTAINERS ARE NOT PROPOSED. }.lAr>].•., Vis:'::.�'!%'9Y•'�''s'/F-13"�, ➢• 14 �, }18 I LOT 18 3 ' t I d 9 EXTERIOR SIGNS ARE NOT PROPOSED. JENNIE HARRIS I '• EXISTING �' I i + v BUILDING I 10. NO NEW ACCESS ROAD WILL BE REQUIRED UNDER THIS APPLICATION C 11. TOTAL AREA OF DISTURBANCE UNDER THIS PROPOSAL: 250 SF± 1 ,s...e,< 'ns:.ro ,,,,,-•al i I I " '" = 1 12 THE INCREASE IN STORM WATER RUNOFF DUE TO THE INCREASE IN I "•"_„","."" ;" I IMPERVIOUS AREA IS INSIGNIFICANT. EXISTING DRAINAGE PATTERNS WILL NOT BE ALTERED. THEREFORE, DRAINAGE STRUCTURES ARE NOT PROPOSED i $ --/,------- 3 L/ , PARKING { 13. ALL CONSTRUCTION FOR SITE IMPROVEMENTS SHALL CONFORM TO APPLICABLE i SPECIFICATIONS, STANDARDS, AND REQUIREMENTS OF THE GOVERNMENTAL • i i k OR UTILITY AUTHORITIES HAVING JURISDICTION. , j 14. ALL EXISTING ACTIVE SEWER, WATER, GAS, ELECTRIC, AND OTHER , __ J UTILITIES WHERE ENCOUNTERED IN THE WORK, SHALL BE PROTECTED - 1 • ` — AT ALL TIMES, AND WHERE REQUIRED FOR THE PROPER EXECUTION OF I -----s---.1 -�.g 25' � '--;� ' THE WORK, SHALL BE RELOCATED AS DIRECTED BY ENGINEERS. L- 169' .- - EXTREME CAUTION SHOULD BE USED BY THE CONTRACTOR WHEN 1 EXCAVATING OR PIER DRILLING AROUND OR NEAR UTILITIES. _" ",""" "" CONTRACTOR SHALL PROVIDE SAFETY TRAINING FOR THE WORKING CREW. THIS WILL INCLUDE BUT NOT LIMBED TO A) FALL PROTECTION COUNTY ROAD 48 1, B) CONFINED SPACE C) ELECTRICAL SAFETY 0) TRENCHING & EXCAVATION 15. ALL SITE WORK SHALL BE AS INDICATED ON THE DRAWING AND STIPULATED IN THE PROJECT SPECIFICATIONS. 16. IF NECESSARY, RUBBISH, STUMPS, DEBRIS, STICKS, STONES AND OTHER B REFUSE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF LEGALLY. ii„: 17 THE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO FLOW AWAY FROM THE RADIO EQUIPMENT AND TOWER AREAS. SITE PLANO CALLED NORTH{ 18 THE SUBGRADE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH SCALE: UNIFORM GRADE PRIOR TO FINISHED SURFACE APPLICATION 60' 0 30' 60' 19 ALL EXISTING INACTIVE SEWER, WATER, GAS, ELECTRIC AND OTHER UTILITIES, WHICH INTERFERE WITH THE EXECUTION OF THE WORK, SHALL BE REMOVED AND/OR CAPPED, PLUGGED OR OTHERWISE SYMBOLS AND MATERIALS SITE LEGEND DISCONTINUED AT POINTS WHICH WILL NOT INTERFERE WITH THE EXECUTION OF THE WORK, SUBJECT TO THE APPROVAL OF — DETAIL REFERENCE —________ ENGINEERING. Sf, — PROPERTY LINE 20 THE AREAS OF THE OWNERS PROPERTY DISTURBED BY THE WORK AND NOT COVERED BY THE PROPOSED IMPROVEMENTS SHALL BE RESTORED Ark x x x x FENCE LINE + AS REQUIRED SECTIONS AND DETAILS © E ELECTRIC SERVICE 21 EROSION CONTROL MEASURES, IF REQUIRED DURING CONSTRUCTION, SHALL BE IN CONFORMANCE WITH THE LOCAL GUIDELINES FOR I •+ •• I CONCRETE T TELEPHONE SERVICE EROSION AND SEDIMENT CONTROL. U NOTE: BASEMAPPING INFORMATION 22. ALL SITE WORK SHALL BE COORDINATED WITH THE PROPERTY OWNER gm=11=;:p�I�.;r,!p: EARTH ------1501 PROPOSED CONTOUR OBTAINED FROM DRAWINGS PROVIDED BY HIGHLANDER, INC., AND A SITE AS REQUIR r FiY! �l��ili GRAVEL/STONE VISE PERFORMED BY INFINIGY • so EXISTING CONTOUR SrSF NE. ENGINEERING. 23. CON Ave,-i”• •• - 'V IG ALERT' 800-962-7962 TO i n f i n LO,/ 'l i Ti mi+ > PRIOR TO CONSTRUCTION e n g i n e e r STREET _/ SITE NO,CUTCHOGUE ATI&T 1hyr it 99 PINE (,�7 NO. LI-1027 /`1 ILX I 0 ,0-14-04 ISSUED FOR CONS7RUCIKIN pHR C,IW r (- •- SITE PLAN ALBANY,Nr ,2207 B ,G-„-D4 MISCELLANEOUS REVISIONS -�' ,'""Ji OFFICE. E•(511 41342028859 21855 COUNTRY ROAD PHR 0.1W r = 1 -• 3T CUTCHOGUE,NY 11935 AT&T WIRELESS SERVICES A 9-29-04 ISSUED FOR REVIEW/C08mENr PHR any �� ! it �,�. . or „ 150-036 15 EAST MIDLAND AVENUE NO DATE REVISIONS BY CHK APO y, / ,&:): • SITE/ DRAWING NUMBER REV PARAMOS,NJ 076:2 6 5 4 SCALE 3 DESIGNED: DRAWN: I ` i4897 NYCENY1027 Co/ 0 : 1 �,I V 1 yZE ML ��*/ 7y _ Southold Town Hall APPEALS BOARD MEMBERS i'�� $�U O Ruth D. Oliva, Chairwoman �� . 1p 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer � *, Southold,NY 11971-0959 Vincent Orlando % co se , Office Location: James Dinizio,Jr. `` �0��,' Town Annex/First Floor,North Fork Bank Michael A. Simon _ l,�'COU �,0 54375 Main Road(at Youngs Avenue) NT(i ,e• Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 April 8, 2005 By Regular Mail and Fax Transmission 425-4104 Jacalyn R. Fleming, Esq. Munley Meade Nielsen & Re Attn: Dorothy Belard 36 North New York Ave. Huntington, NY 11743 Re: ZBA File 5671 — Cingular Wireless PCS, LLC (Setback Variance for Equipment) Dear Mrs. Fleming and Mrs. Belard: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its March 10, 2005 Meeting. Please be sure to contact the Planning (765-1938) and Building (765-1802) Department regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination when submitting any other documents or amendments during the final review steps. Thank you. Very truly yours, 4ndaA4v4kL - da Kowalski Enclosure Copy of Decision 4/8/05 to: Building Department Planning Board MUNLEY, MEADE, INTIELSEN & RE ATTORNEYS AT LAW y� REPLY To: ❑ REPLY To: LJ 160 MIDDLE NECK ROAD 36 NORTH NEW YORK AVENUE GREAT NECK,NEW YORK 11021 HUNTINGTON,NEW YORK 11743 (516)487-6500 (631)425-4100 TELECOPIER TELECOPIER (516)487-6539 (631)425-4104 • January 18,2005 t By Hand _ #S Board of Appeals `� 1 d 6. � Town of Southold s 53095 Main Road / //I,• Southold,New York 11971 i Re: Cmgular Wireless Zoning Board of Appeals Application—Area Variance, Proposed Site No.: LI 1027 Premises: 21855 County Road 48, Cutchogue,New York SCTM#: 1000-96-1-19.1 , Dear Sir or Madame: We represent New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company("Cingular Wireless") successor in interest to LIN Cellular Communications,LLC, successor in interest to Cellular Telephone Company d/b/a AT&T Wireless m the above-captioned Area Variance Application. Enclosed please find the following documents: 1. Town of Southold Building Depaitment Notice of Disapproval; 2. Original and six(6) copies of the Application to the Southold Town Board of Appeals; 3. Seven(7)copies of the Owner's Authorization Agreement(original filed with Building Department); 4. Original and six(6) copies of the Zoning Board of Appeals Application Questionnaire; 5. Original and six(6)copies of the Short Environmental Assessment Form; 6. Seven(7)copies of the Signed and sealed drawings; and 7. Seven(7)copies of the Signed and sealed landscape plan; 8. Maps showing existing and proposed coverage in the Town; 9. Fee for Area Variance: Check in sum of$400.00. Should you have any questions with respect to the foregoing,please do not hesitate to contact the undersigned. Very truly yours, MUNLEY,MEADE,NIELSEN&RE BY . .�� . Jacalyn R.Fleming Enclosures s PINNACLE TELECOM GROUP Consulting and Engineering Services rtTelecom Consulting ANTENNA SITE FCC RF COMpliANCE ASSESSMENT ANd REPORT pREpAREd FOR AT&T WIRELESS 1 SITE LI-1027 21855 COUNTRY ROAd CUTCI-IOGUE, NY DECEMbER 21, 2004 r .. 14 RIdgEdALE AVENUE, SUITE 262 • CEdAR KNOLLS, NJ 07927 • 973.451.1630 . CONTENTS INTROdUCTION ANd SUMMARY 2 TEChNICAL DATA 4 TEChNICAL ANALysis 6 COMpLIANCE CONCLUSION 11 CERTIFICATION 12 AppENdix A. ThE FCC RF EXPOSURE Limirs AppENdix B. FCC POSITION ON CELLULAR ANd PCS TRANSMITTERS AppENdix C: EXPERT QUALIFICATIONS INTROdUCTION ANd SUMMARY At the request of AT&T Wireless (AWS), Pinnacle Telecom Group has performed an independent assessment of potential radiofrequency(RF) exposure related to a proposed wireless base station antenna operation involving an existing monopole located at 21855 Country Road in Cutchogue, NY. AWS refers to the site by the code "LI-1027", and proposes to operate directional panel antennas in connection with the provision of wireless communications services using the 800 MHz and 1900 MHz frequency bands licensed to it by the FCC. The FCC requires all wireless system operators to examine areas of general public access and perform an assessment of potential human exposure to radiofrequency (RF) fields emanating from all the transmitting antennas at a site, and ensure,compliance with the Maximum Permissible Exposure (MPE) limits in the FCC's regulations. In this case, the monopole supports existing antenna operations by Verizon Wireless, ,T-Mobile (also known as Omnipoint Communications), and Nextel Communications — and, as required by the FCC, the RF effects of those antennas, along with those of ,the proposed AWS operation, will be included in this assessment of compliance with the FCC regulations. Note that those same FCC regulations require any future antenna collocators at the subject site to assess and assure continuing compliance based on the combined RF'effects of all proposed and then-existing antennas at the site. The compliance assessment employs a mathematical analysis performed of "potential RF exposure levels at ground level around the site as a result of the RF emissions from the combination of proposed and existing antenna operations. The analysis employs standard FCC formulas for predicting the effects of the antennas in a very conservative manner, in order to ensure "safe-side" results and conclusions regarding RF compliance. Note that the FCC MPE limits have been constructed in such a manner that continuous human exposure to levels up to and including 100 percent of the FCC limit is considered acceptable and completely safe — and that the results of a 2 7 r compliance assessment are most easily described and understood as a simple percentage of the limit, or the equivalent"times-below"factor. " The result of the FCC RF compliance assessment in this case is as follows: o Under very worst-case assumptions and calculation methods, the maximum RF exposure at ground level resulting from the RF emissions of the combination of proposed and existing antenna operations at the site will be 1.7980 percent of the FCC compliance limit; in other words, the worst-case exposure will be more than 55 times below the limit considered by the federal government to be completely acceptable for continuous human exposure. o The results of the calculations clearly demonstrate that the RF emissions from the proposed and existing antennas at the site will meet all of the applicable criteria for controlling potential human exposure to RF fields, and will be in full compliance with the FCC RF safety regulations. Moreover, because of the conservative methodology and assumptions incorporated in the calculations, actual RF levels caused by the antennas will be lower than the calculations here indicate. The remainder of this report provides the following: o relevant technical data on the proposed and existing antenna operations; o a description of the applicable FCC mathematical model for determining RF compliance, and application of the relevant data to that model; and o analysis of the results, and a compliance conclusion for the site. In addition, three Appendices are included. Appendix A provides background on the FCC limits for RF exposure. Appendix B provides a copy of the FCC's official position on the potential exposure from cellular and PCS transmitters, to wit, that it is insignificantly low and has no effect on the human health environment. Finally, Appendix C provides a summary of the qualifications of the expert certifying RF compliance in this case. 3 TEChiNICAL DATA AWS proposes the use of directional panel antennas arranged for sectorized coverage and mounted at a height of 70 feet (antenna centerlines). Relevant compliance data in each frequency band to be used by AWS is summarized below. 800 MHz Cellular Data Antenna Manufacturer Allgon Antenna Model Number/ Max. Gain 7391 / 11.5 dBd (13.65 dBi) RF Channels per Sector 2 Max. Power/ RF Channel 20 watts Antenna Line Loss (dB) conservatively ignored (assumed 0 dB) 1900 MHz PCS Data - Antenna Manufacturer Allgon Antenna Model Number/ Max. Gain 7740/ 14.5 dBd (16.65 dBi) RF Channels per Sector 2 Max. Power/ RF Channel 20•watts Antenna Line Loss (dB) conservatively ignored (assumed 0 dB) Note that directional panel antennas are designed to focus most of their RF emissions in the horizontal direction. .A small fraction of the RF energy is radiated below that plane and toward the ground around the antenna — and , ' vertical-plane radiation pattern discrimination '(relative to the antenna's main beam gain) represents a key factor in calculating RF levels and assessing compliance. , By way of illustration, diagrams illustrating the,vertical-plane radiation patterns of ,each of the antenna models proposed by AWS are shown on the next page. In these types of pattern diagrams, the horizon is effectively at the three o'clock position and the relative strength of the pattern is described using decibel units. 4 Allgon 7391 (800 MHz) Panel Antenna-Vertical-Plane Radiation Pattern /�i 1' 1 -\---i---- iF .. y\/:;('-'11/j--1-2-7 -4X „< \,, 7 ,,,,J-6(-/,,Ax-c,---71 / /,--,./_,,, ,.\_\_,\, J_J 1--1-4:-rie-i -\_11/;</ ,. .--` - V._V_ -- I I \\i i? ` i 1 1 �— 0 deg `�-I 77--(?Vsli Icy\ \� horizon -- -\ ,- K/t•-Q_''-'"--1---1.5_,>- \.)c/ 7-., ----- \% fes__ /, . 2‹ \ r 1 1 =!'\ 5 dB / division Allgon 7740 (1900 MHz) Panel Antenna-Vertical-Plane Radiation Pattern ----7----,• .)i, ,,?P I ,./, / ,, ,,, 1_,,, t / 7„,s0 \\ r /''--/ 'NA\,-- ',,i I ivf , \ -\__-_ / ,., ,./,... A*,,•s aci,,, ,--\<:- k\_>\---c)._ 1 a '----/-4-- __.F.P:,!•NHX-\\-1 ,1k?) \-..:- _ 0 deg : \ it+\\\`b J■ horizon ----A-\-- -\-- ,-,>n f /\�� `, 5 dB / division 5 • As mentioned at the outset, there are existing antenna operations at the site, and the RF effects of those antennas need to be included in the compliance assessment. The table below summarizes the relevant technical parameters for the existing antenna operations, each of which employs directional panel antennas and similar sectorized coverage arrangements. Note that "worst-case" technical parameters, based on FCC licensing records and the particular technology used, will be applied in the calculations. For example, since Verizon Wireless (VzW) holds FCC licenses in both the 800 MHz cellular and 1900 MHz PCS frequency bands, we will assume such dual-band operation here. In addition, Nextel's technology has a limit of 36 RF channels per base station, and the typical split among three antenna sectors would result in 12 channels per sector— but as many as 20 channels can be used in a single sector (subject to the overall limit of 36), so we will apply that maximum figure. Operator Antenna Frequency RF Channels Transmitter Power Height Band(s) per Sector per Channel Verizon 100 ft. 800 MHz Cellular 7 20 watts 1900 MHz PCS 3 16 watts T-Mobile 90 ft. 1900 MHz PCS 12 20 watts Nextel 80 ft. 800 MHz SMR 20 20 watts TEChNICAl ANAlysis FCC Office of Engineering and Technology Bulletin 65 ("OET Bulletin 65"; see list of references in Appendix B) provides guidelines for computational models and their application to calculating potential exposure levels at various points around a wireless transmitting antenna. The computational models are intentionally very conservative, and significantly overestimate the potential exposure levels, and additional assumptions can be incorporated to make the calculations even more conservative. Thus, if the calculations demonstrate the MPE limits are still not exceeded even under extreme worst-case assumptions, there can be great confidence that no RF health hazard exists. The area of interest in connection with potential RF exposure related to the subject site is at ground level around the site. This area is sufficiently distant 6 from the antennas to be considered in the "far field", and FCC Bulletin OET65 provides a mathematical model for far-field calculations. Note that the FCC recognizes that with sectorized antenna coverage, the radiated power of interest is that in a single antenna sector (or the worst-case sector, if applicable). Because of the horizontal directionality of the antennas, the RF effects of the antenna sectors facing away from the point of interest have an insignificant effect. According to the FCC, the applicable formula for calculations of potential RF exposure levels from any given antenna operation is as follows: MPE% = (100 * EIRP * 1000 * 10"AntDisc(a) * 4 ) / ( MPE *47c* R2* 30.482) where MPE% = RF level expressed as a percentage of the FCC MPE limit 100 = factor to convert raw result to a percentage EIRP = maximum effective isotropically radiated power per sector, in watts, a function of transmitter power per RF channel, channels per sector, line loss, and maximum effective antenna gain 1000 = factor to convert watts to milliwatts AntDisc(a) = numeric factor representing the antenna's downward angle discrimination of the point of interest 4 (in numerator) = the factor to account for a 100-percent-efficient energy reflection from the ground MPE = MPE limit applicable to general public exposure at the frequency of interest R = straight-line distance to the point of interest, feet 30.482 = factor to convert R from feet to centimeters (twice) The MPE% calculations are normally performed out to a distance of 500 feet from the facility from the bottom of the antenna to points 6.5 feet off the ground 7 ' (representing the FCC's recommended human standing height), as illustrated in the diagram below. antenna S- y}• height from FZ � s N • antenna bottom to 6.5' above ground level • 0 _�.�____ __ _ �T. __ �.__ 500 Ground Distance D from the site It is generally understood that the farther away one is from an antenna, the lower the RF level, but that is true when distance is the only factor controlling RF level. ,At distances fairly close to the site, the MPE% calculations reflect the variations in the vertical-plane antenna pattern as well as the variation in straight-line distance to the antennas. ,Therefore,'RF levels may actually increase slightly with increasing-distance within the range of zero to 500 feet from the site. As the distance approaches 500 feet and beyond, though, the antenna pattern factor ' becomes less significant, the RF levels become primarily distance-controlled, and as a result the RF levels decrease proportionally to the square of the distance. - - In order to assess FCC compliance, at each distance point along the ground an MPE% calculation is made for each antenna operation (including in each frequency band, as applicable), and compliance is determined by comparing the sum of the individual results (which we call "total MPE%") with 100 percent, with the latter figure serving as the reference for thee-FCC limit. Any calculated "total MPE%" result exceeding 100 percent is, by definition, higher than the FCC limit and represent non-compliance. Results below 100 percent indicate compliance 8 with the federal regulations on controlling exposure. Note that the following conservative methodology and assumptions are incorporated into the MPE% calculations: 1. The antennas are assumed to be operating continuously at maximum power, and the power-attenuation effects of the antenna cabling ("antenna line loss") will be ignored for all operations. 2. The directional antennas are hypothetically assumed to be pointed directly overhead any point of interest around the site, ignoring the effects of antenna discrimination in the horizontal plane. 3. The calculations intentionally minimize the distance factor (R) by assuming a 6'6" human standing height and performing the calculations from the bottom (rather than the centerline) of the antenna. 4. The potential RF exposure at ground level is assumed to be 100-percent enhanced (increased) via a "perfect"field reflection from the ground itself. The net result of these conservative assumptions is to intentionally and significantly overstate the potential exposure levels (versus that which will actually occur), and the purpose of this conservatism is to allow very "safe-side" conclusions about compliance. The table on the following page provides the results of those calculations for each operator as well as the overall "total MPE%" effect, with the overall worst- case result highlighted in bold. As indicated, the overall worst-case calculated overall result from the combination of antenna operations is only 1.7980 percent of the FCC MPE limit— in other words, more than 55 times below the FCC limit, and comfortably in compliance. A graph of the calculation results versus distance from the site, presented on the next page below the table, provides perhaps a clearer visual illustration of the relative insignificance of the calculated exposure levels. The "calculation results" line barely rises above the graph's zero baseline, and shows a obvious, consistent and comfortable margin to the FCC limit. 9 Ground AWS AWS VzW VzW T-Mobile Nextel Total Dist(ft) 800 MHz 1900 MHz 800 MHz 1900 MHz 1900 MHz 800 MHz MPE%MPE% MPE% MPE% MPE% MPE% MPE% 0 0.1459 0.0020 0.0032 0.0366 0.2304 0.0155 0 4336 20 0.3166 0.0135 0.0031 0.0349 0.2174 0.0143 0 5998 40 0.0159 0.0364 0.0048 0.0244 0.1475 0.1782 0.4072 60 0.0334 0.0247 0.0343 0.0141 0.0821 0.1769 0.3655 80 0.0003 0.2477 0.0358 0.0377 0.2136 0.1339 0 6689 100 0.0712 0.0179 0 0288 0.0303 0.1185 1.0928 1.3595 120 0.1208 0.0620 0.2486 0.0173 0.0937 0.8464 1.3888 140 0.0984 0.0015 0.2024 0.0141 0.0751 1.2161 16076 160 0.0581 0.0298 0.3032 0.0684 0.3601 0.9785 1.7980 180 0.0253 0.0291 0.2526 0.0570 0.2974 0.8011 1.4625 200 0.0235 0.0105 0.2129 0 0480 0.2489 0.6662 1.2100 220 0.0483 0.0046 0.1814 0.0409 0.2109 0 5616 1.0479 240 0.0667 0.0201 0.1561 0.0352 0.1807 0.4792 0.9381 260 0.0888 0.0387 0.1356 0.0306 0.1564 0.4133 0.8634 280 0.1141 0.0509 0.1187 0.0268 0.1365 0.1683 0.6153 300 0.1412 0.0501 0.1047 0.0236 0.1201 0.0676 0.5073 320 0.1644 0.0376 0.0930 0.0210 0.0022 0.0273 0.3455 340 0.1462 0.0335 0.0831 0.0187 0.0218 0 0611 0.3644 360 0.1686 0.0198 0.0349 0.0003 0.0709 0.0548 0 3493 380 0.1517 0.0178 0.0144 0.0035 0.0639 0.1634 0.4148 - 400 0.1689 0.0102 0.0060 0.0115 0.1031 0.1479 0.4475 420 0.1535 0.0092 0.0054 0.0105 0.1154 0.3013 0.5954 440 01724 0.0150 0.0125 0.0170 0.1055 0.2752 0.5977 460 0.1580 0.0138 0.0115 0.0156 0.0968 0.4699 0.7656 480 0.1453 0.0127 0.0351 0.0177 0.0759 0.4324 0.7190 500 0.1341 0.0117 0.0324 0.0164 0.0701 0.3992 0.6638 Calculation Results Normalized FCC MPE -II- Calculated MPE% Results a 120 �----.l---i--f----1 -T- 111 --1---1- --______1--- 1_.i 2 100 - 2. 80 a) 60 8 40 -0 20 0 100 200 300 400 500 Ground Distance (ft) 10 . COMPLIANCE CONCLUSION As described earlier, the FCC MPE limit has been constructed in such a manner that continuous human exposure to levels up to and including 100 percent of the limit is considered acceptable and completely safe. Also as described, the compliance calculations are intentionally very conservative, so that there can be great confidence that compliance is achieved when the conservative calculations indicate maximum possible exposure levels less than 100 percent of the limit. The calculations in this case indicate that the maximum potential RF exposure from the combination of existing and proposed antennas is only 1.7980 percent of the FCC MPE limit. In other words, even with all the conservatism in the calculations, the worst-case calculated RF exposure level is still more than 55 times below the FCC limit, and in clear compliance. Moreover, because of the conservative methodology and assumptions incorporated in the calculations, actual RF levels caused by the antennas will be considerably lower than the calculations here indicate. The results of the calculations clearly demonstrate that the RF emissions from the combination of proposed and existing antenna operations at the subject site will be in full compliance with the FCC regulations and limits concerning safe human exposure to RF fields. 1 11 CERTiFiCATiON It is the policy of Pinnacle Telecom Group that all FCC RF compliance assessments are reviewed, approved, and signed by the firm's Chief Technical Officer, who certifies as follows: 1. I have read and fully understand the FCC regulations concerning RF safety and the control of human exposure to RF fields (47 CFR 1.1301 et seq). 2. To the best of my knowledge, the statements and information disclosed in this report are true, complete and accurate. 3. The analysis of site RF compliance provided herein is consistent with the applicable FCC regulations, additional guidelines issued by the FCC, and industry practice. 4. The results of the analysis indicate that the RF emissions at the subject site are in full compliance with the FCC regulations regarding RF exposure. 11 12/21/04 Dani- Collins Date Chie' chnical Officer 12 AppENdix A: THE FCC RF EXpOSURE LIMITS The Regulations As directed by the Telecommunications Act of 1996, the FCC has established limits for maximum continuous human exposure to RF fields. The FCC maximum permissible exposure (MPE) limits represent the consensus of federal agencies and independent experts responsible for RF safety matters. Those agencies include the National Council on Radiation Protection and Measurements (NCRP), the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), the American National Standards Institute (ANSI), the Environmental Protection Agency (EPA), and the Food and Drug Administration (FDA). In formulating its guidelines, the FCC also considered input from the public and technical community— notably the Institute of Electrical and Electronics Engineers (IEEE). The FCC's RF exposure guidelines are incorporated in Section 1.301 et seq of its Rules and Regulations (47 CFR 1.1301-1.1310). Those guidelines specify MPE limits for both occupational and general population exposure. The specified continuous exposure MPE limits are based on known variation of human body susceptibility in different frequency ranges, and a Specific Absorption Rate (SAR) of 4 watts per kilogram, which is universally considered to accurately represent human capacity to dissipate incident RF energy (in the form of heat). The occupational MPE guidelines incorporate a safety factor of 10 or greater with respect to RF levels known to represent a health hazard, and an additional safety factor of five is applied to the MPE limits for general population exposure. Thus, the general population MPE limit has a built-in safety factor of more than 50. The limits were constructed to appropriately protect humans of both sexes and all ages and sizes and under all conditions — and continuous exposure at levels equal to or below the applicable MPE limits is considered to result in no adverse health effects or even health risk. The reason for two tiers of MPE limits is based on an understanding and assumption that members of the general public are unlikely to have had appropriate RF safety training and may not be aware of the exposures they receive; occupational exposure in controlled environments, on the other hand, is assumed to involve individuals who have had such training, are aware of the exposures, and know how to maintain a safe personal work environment. The FCC's RF exposure limits are expressed in two equivalent forms, using alternative units of field strength (expressed in volts per meter, or V/m), and power density (expressed in milliwatts per square centimeter, or mW/cm2). The table on the next page lists the FCC limits for both occupational and general population exposures, using the mW/cm2 reference, for the different radio frequency ranges. 13 Frequency Range(F) Occupational Exposure General Public Exposure (MHz) (mW/cm2) (mW/cm2) 0.3 - 1.34 100 100 1.34 - 3.0 100 180 / F2 3.0 - 30 900/ F2 180 / F2 30 - 300 1.0 0.2 300 - 1,500 F/ 300 F/ 1500 1,500 - 100,000 5.0 1.0 The diagram below provides a graphical illustration of both the FCC's occupational and general population MPE limits. Power Density (mW/cm2) 100 - Occupational General Public . 5.0 . . 1.0 \ / , 02 I I I I I I I 0.3 1.34 3 0 30 300 1,500 100,000 Frequency(MHz) Because the FCC's RF exposure limits are frequency-shaped, the exact MPE limits applicable to the instant situation depend on the frequency range used by the systems of interest. 14 . The most appropriate method of determining RF compliance is to calculate the RF power density attributable to a particular system and compare that to the MPE limit applicable to the operating frequency in question. The result is usually expressed as a percentage of the MPE limit. For potential exposure from multiple systems, the respective percentages of the MPE limits are added, and the total percentage compared to 100 (percent of the limit). If the result is less than 100, the total exposure is in compliance; if it is more than 100, exposure mitigation measures are necessary to achieve compliance. 47 CFR, FCC Rules and Regulations, Part 1 (Practice and Procedure), Section 1.1310 (Radiofrequency radiation exposure limits). FCC References 47 CFR, FCC Rules and Regulations, Part 22 (Public Mobile Services). 47 CFR, FCC Rules and Regulations, Part 24 (Personal Communications Services). FCC Second Memorandum Opinion and Order and Notice of Proposed Rulemaking (FCC 97-303), In the Matter of Procedures for Reviewing Requests for Relief From State and Local Regulations Pursuant to Section 332(c)(7)(B)(v) of the Communications Act of 1934 (WT Docket 97-192), Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (ET Docket 93-62), and Petition for Rulemaking of the Cellular Telecommunications Industry Association Concerning Amendment of the Commission's Rules to Preempt State and Local Regulation of Commercial Mobile Radio Service Transmitting Facilities, released August 25, 1997. FCC First Memorandum Opinion and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, released December 24, 1996. FCC Report and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, released August 1, 1996. FCC Office of Engineering and Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields", Edition 97-01, August 1997. FCC Office of Engineering and Technology (OET) Bulletin 56, "Questions and Answers About Biological Effects and Potential Hazards of RF Radiation", edition 4, August 1999. 15 AppENdix B: FCC POSITION ON CELLULAR ANd PCS TRANSMITTERS FEDERAL COMMUNICATIONS COMMISSION OFFICE OF ENGINEERING&TECHNOLOGY WASHINGTON,D.C.20554 January 1998 ***************************************k******************k********k***k****** INFORMATION ON HUMAN EXPOSURE TO RADIOFREQUENCY FIELDS FROM CELLULAR AND PCS RADIO TRANSMITTERS ****************************************************************************** (1) Cellular and PCS base stations Radio frequencies constitute part of the overall electromagnetic spectrum. Cellular communications systems use frequencies in the 800-900 megahertz(MHz)portion of the radiofrequency (RF) spectrum (frequencies formerly used for UHF-TV broadcasting), and transmitters in the Personal Communications Service(PCS)use frequencies in the range of 1850-1990 MHz. Primary antennas for cellular and PCS transmissions are usually located on towers,water tanks and other elevated structures including rooftops and the sides of buildings. The combination of antennas and associated electronic equipment is referred to as a cellular or PCS base station" or"cell site."Typical heights for base station towers or structures are 50-200 feet.A typical cellular base station may utilize several "omni-directional" antennas that look like poles or whips, 10 to 15 feet in length. PCS (and also many cellular)base stations use a number of"sector" antennas that look like rectangular panels.The dimensions of a sector antenna are typically 1 foot by 4 feet.Antennas are usually arranged in three groups of three with one antenna in each group used to transmit signals to mobile units(car phones or hand-held phones).The other two antennas in each group are used to receive signals from mobile units. The Federal Communications Commission(FCC) authorizes cellular and PCS carriers in various service areas around the country.At a cell site,the total RF power that could be transmitted from each transmitting antenna at a cell site depends on the number of radio channels(transmitters)that have been authorized and the power of each transmitter. Typically, for a cellular base station,a maximum of 21 channels per sector(depending on the system)could be used.Thus,for a typical cell site utilizing sector antennas, each of the three transmitting antennas could be connected to up to 21 transmitters for a total of 63 transmitters per site. When omni-directional antennas are used,up to 96 transmitters could be implemented at a cell site,but this would be very unusual.While a typical base station could have as many as 63 transmitters,not all of the transmitters would be expected to operate simultaneously thus reducing overall emission levels.For the case of PCS base stations, fewer transmitters are normally required due to the relatively greater number of base stations. Although the FCC permits an effective radiated power(ERP) of up to 500 watts per channel (depending on the tower height), the majority of cellular base stations in urban and suburban areas operate at an ERP of 100 watts per channel or less.An ERP of 100 watts corresponds to an actual radiated power of 5-10 watts, depending on the type of antenna used (ERP is not equivalent to the power that is radiated but is a measure of the directional 16 characteristics of the antenna).As the capacity of a system is expanded by dividing cells, i.e., adding additional base stations,lower ERPs are normally used.In urban areas, an ERP of 10 watts per channel(corresponding to a radiated power of 0.5 - 1 watt) or less is commonly used.For PCS base stations,even lower radiated power levels are normally used. The signal from a cellular or PCS base station antenna is essentially directed toward the horizon in a relatively narrow beam in the vertical plane. For example,the radiation pattern for an omni-directional antenna might be compared to a thin doughnut or pancake centered around the antenna while the pattern for a sector antenna is fan-shaped, like a wedge cut from a pie.As with all forms of electromagnetic energy,the power density from a cellular or PCS transmitter decreases rapidly(according to an inverse square law) as one moves away from the antenna. Consequently,normal ground-level exposure is much less than exposures that might be encountered if one were very close to the antenna and in its main transmitted beam.Measurements made near typical cellular and PCS installations have shown that ground-level power densities are well below limits recommended by RF/microwave safety standards. In 1996,the FCC adopted updated guidelines for evaluating human exposure to radiofrequency(RF) fields from fixed transmitting antennas such as those used for cellular radio and PCS base stations.1 The new guidelines for cellular and PCS base stations are identical to those recommended by the National Council on Radiation Protection and Measurements (NCRP).2 These guidelines are also similar to the 1992 guidelines recommended by the American National Standards Institute and the Institute of Electrical and Electronics Engineers(ANSI/IEEE C95.1-1992).3 The FCC adopted guidelines for hand-held RF devices, such as cellular and PCS phones,that are the same as those recommended by the ANSI/IEEE and NCRP guidelines (see later discussion). 1 FCC Report and Order in ET Docket 93-62, 61 Federal Register 41006 (August 7, 1996); 11 FCC Record 15123 (1997). See also, FCC Second Memorandum Opinion and Order, ET Docket 93-62, 62 Federal Register 47960 (September 12, 1997), 12 FCC Record 13494 (1997). For more information on these documents contact the FCC's toll-free number: 1-888-CALL FCC (1-888- 225-5322). They may also be viewed and downloaded at the FCC's Office of Engineering and Technology World Wide Web Site under the "RF Safety" heading at the following address: www.fcc.gov/oet/rfsafety. The FCC's RF exposure guidelines are based on recommendations made to the FCC by U.S. federal safety and health agencies such as the Environmental Protection Agency(EPA),the Food and Drug Administration(FDA),the National Institute for Occupational Safety and Health(NIOSH) and the Occupational Safety and Health Administration(OSHA)'. 2 The NCRP is a non-profit corporation chartered by congress to develop information and recommendations concerning radiation protection. 3 The American National Standards Institute is a non-profit, privately-funded, membership organization that coordinates development of voluntary national standards in the United States. The IEEE is a non-profit technical and professional engineering society. 17 In the case of cellular base station transmitters, at a frequency of 869 MHz(the lowest frequency used),the FCC's RF exposure guidelines recommend a maximum permissible exposure level of the general public(or exposure in"uncontrolled" environments)of about 580 microwatts per square centimeter(µW/cin 2),as averaged over any thirty-minute period. This limit is many times greater than RF levels typical found near the base of typical cellular towers or in the vicinity of other,lower-powered cellular base station transmitters.For example,measurement data obtained from various sources have consistently indicated that "worst-case" ground-level power densities near typical cellular towers are on the order of 1 µW/cm 2 or less (usually significantly less). Calculations corresponding to a"worst-case" situation(all transmitters operating simultaneously and continuously at the maximum licensed power) show that in order to be exposed to levels near the FCC's limits for cellular frequencies, an individual would essentially have to remain in the main transmitting beam(at the height of the antenna) and within a few feet from the antenna. This makes it extremely unlikely that a member of the general public could be exposed to RF levels in excess of these guidelines from cellular base station transmitters. For PCS base station transmitters,the same type of analysis holds,except that at the PCS transmitting frequencies(1850-1990 MHz)the FCC's exposure limits for the public are 1000µW/cm 2 .Therefore,there would typically be an even greater margin of safety between actual public exposure levels and the recognized safety limit. When cellular and PCS antennas are mounted at rooftop locations it is possible that RF levels greater than 1 µW/cm 2 could be present on the rooftop itself.This might become an issue if the rooftop were accessible to maintenance personnel or others. However, exposures approaching or exceeding the safety guidelines are only likely to be encountered very close to and directly in front of the antennas.Even if RF levels were to be higher than desirable on a rooftop, appropriate restrictions could be placed on access. Factoring in the time-averaging aspects of safety standards could also be used to reduce potential exposure. The fact that rooftop cellular and PCS antennas usually operate at lower power levels than antennas on freestanding towers makes excessive exposure conditions on'rooftops even less likely.This reason and the significant signal attenuation of a building's roof also minimizes any chance for harmful exposure of persons living or working within the building itself (2)Mobile(vehicle-mounted) antennas Vehicle-mounted antennas used for cellular communications normally operate at a power level of 3 watts or less.These cellular antennas are typically mounted on the roof, on the trunk,or on the rear window of a car or truck. Studies have shown that in order to be exposed to RF levels that approach the safety guidelines it would be necessary to remain very close to a vehicle-mounted cellular antenna.For example,a study done for AT&T Bell Laboratories by the University of Washington documented typical and"worst-case" exposure levels and specific absorption rates(SAR)for vehicle occupants and persons standing close to vehicle-mounted cellular antennas. Worst-case exposure conditions were considered when an individual was at the closest possible distance from the antenna. Several configurations were tested using adult and child"phantom"models. The results of this study showed that the highest exposure(1900µW/cm 2)occurred with a female model at a distance of 9.7 cm(3.8 inches)from one of the antennas operating at a power level of 3 watts. Although this level is nominally in excess of the FCC's exposure limits for power density at this frequency,analysis of the data indicated that the antenna 18 would have to be driven to 7 W of power before the limit for specific absorption rate(SAR) allowed by the FCC guidelines would be exceeded.The intermittent nature of transmission and the improbability that a person would remain so close to the antenna for any length of time further reduces the potential for excessive exposure. The University of Washington study also indicated that vehicle occupants are effectively shielded by the metal body.Motorola,Inc.,in comments filed with the FCC,has expressed the opinion that proper installation of a vehicle-mounted antenna to maximize the shielding effect is an effective way of limiting exposure.Motorola and other companies have recommended antenna installation either in the center of the roof or the center of the trunk. In response to concerns expressed over the commonly-used rear-window mounted cellular antennas,Motorola has recommended a minimum separation distance of 30-60 cm(1 -2 feet) to minimize exposure to vehicle occupants resulting from antenna mismatch for this type of antenna installation. In summary, from data gathered to date, it appears that properly installed, vehicle- mounted,personal wireless transceivers using up to 3 watts of power would result in maximum exposure levels in or near the vehicle that are well below the FCC's safety limits. This assumes that the transmitting antenna is at least 15 cm(about 6 inches)or more from vehicle occupants.Time-averaging of exposure(either a 6 or 30minute period is specified) will usually result in still lower values when compared with safety guidelines. (3)Hand-held cellular telephones and PCS devices A question that often arises is whether there may be potential health risks due to the RF emissions from hand-held cellular telephones and PCS devices.The FCC's exposure guidelines, and the ANSI/IEEE and NCRP guidelines upon which they are based, specify limits for human exposure to RF emissions from hand-held RF devices in terms of specific absorption rate (SAR). For exposure of the general public, e.g.,exposure of the user of a cellular or PCS phone,the SAR limit is an absorption threshold of 1.6 watts/kg(W/kg), as measured over any one gram of tissue. Measurements and computational analysis of SAR in models of the human head and other studies of SAR distribution using hand-held cellular and PCS phones have shown that, in general,the 1.6 W/kg limit is unlikely to be exceeded under normal conditions of use. Before FCC approval can be granted for marketing of a cellular or PCS phone, compliance with the 1.6 W/kg limit must be demonstrated.Also,testing of hand-held phones is normally done under conditions of maximum power usage. In reality,normal power usage is less and is dependent on distance of the user from the base station transmitter. In recent years publicity, speculation and concern over claims of possible health effects due to RF fields from hand-held wireless telephones prompted industry-sponsored groups, such as Wireless Technology Research,L.L.C. (WTR)and Motorola,Inc.,to initiate research programs aimed at investigating whether there is any risk to users of these devices. Past studies carried out at frequencies both higher and lower than those used for cellular and PCS phones have led expert organizations to conclude that typical RF exposures from these devices are safe.However,the Federal Government is monitoring the results of the ongoing industry-sponsored research through an inter-agency working group led by the EPA and the FDA's Center for Devices and Radiological Health. 19 In a 1993 "Talk Paper,"the FDA stated that it did not have enough information at that time to rule out the possibility of risk,but if such a risk exists "it is probably small." The FDA concluded that there is no proof that cellular telephones can be harmful,but if individuals remain concerned several precautionary actions could be taken. These included limiting conversations on hand-held cellular telephones to those that are essential and making greater use of telephones with vehicle-mounted antennas where there is a greater separation distance between the user and the radiating structure. NOTE: For more information on these and other RF-related topics,you may call the FCC's toll-free number: 1-888-CALL FCC(1-888-225-5322)or contact the FCC's RF Safety Program, in the Office of Engineering and Technology, at(202)418-2464. Information is also available at the FCC's Office of Engineering and Technology World Wide Web Site under the "RF Safety" heading at the following address: www.fcc.gov/oet/rfsafety. 20 c , AppENdix C: EXPERT QUALIFICATIONS Daniel J. Collins, Chief Technical Officer,,Pinnacle Telecom Group, LLC, Synopsis: • 32 years of experience in all aspects of wireless system engineering, related regulation, and RF exposure • Has performed or led RF exposure compliance assessments on more than 8,000 antenna sites since the new FCC rules went into effect in October 1997 • Has provided testimony as an RF compliance expert more than 800 times since 1997; and have been accepted as an expert in New Jersey, New York and 40 other states, as well as by the FCC Education: • B.E.E , City College of New York (Sch. Of Eng.), 1971 • M.B.A., 1982, Fairleigh Dickinson University, 1982 • Bronx High School of Science, 1966 Current Responsibilities: • lead all PTG staff work involving RF safety and FCC compliance, microwave and satellite system engineering, and consulting on wireless technology and regulation Prior Experience: • Edwards& Kelcey, VP—RF Engineering and Chief Information Technology Officer, 1996-99 • Bellcore, Executive Director—Regulation and Public Policy, 1983-96 • AT&T(Corp. HQ), Director—Spectrum Management Policy and Practice, 1977-83 • AT&T Long Lines, Group Supervisor—Microwave Radio System Design, 1972-77 Specific RF Safety I • Involved in RF exposure matters since 1972 Compliance Experience: • Have had lead corporate responsibility for RF safety and compliance at AT&T, Bellcore, Edwards & Kelcey, and PTG' • While at AT&T, helped develop the mathematical models later adopted by the FCC for predicting RF exposure • Have been relied on for compliance by all major wireless carriers, as well as by state and local governments, and other consulting/engineering firms • Frequently-invited speaker on RF exposure and compliance • , issues at industry conferences Other Background: • Author, Microwave System Engineering(AT&T, 1974) • Co-author and executive editor,A Guide to New Technologies and Services(Bellcore, 1993) • National Spectrum Managers Association (NSMA)—three- term President and chair of the Board of Directors; earlier was founding member,twice-elected Vice President, long- time member of the Board, and was named an NSMA Fellow in 1991 • Listed in Who's Who in the Media and Communication and International Who's Who in Information Technology • Published more than 35 articles in industry magazines 21 07/28/04 10:53 FAX`-6316534395 DIANE U007 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall - Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-24369 - Date MAY 30, 1996 THIS CERTIFIES that the building , ACCESSORY Location of Property 21855 COUNTY ROAD. #48 - _ CUTCHOGUE NY House No. Street Hamlet County Tax Map No. 1000 Section 96 Block 1 Lot 19.1 Subdivision - Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 13, 1991 pursuant to which Building Permit No. 20540-5 dated APRIL 10, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AN ACCESSORY EQUIPMENT SHED AS APPLIED FOR UNDER SBA APPEAL #4058 & 4062. - The certificate is issued to ARTHUR V. JUNGE (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. , N237927 JUNE 8, 1992 PLUMBERS CERTIFICATION DATED - N/A wilding Inspector Rev. 1/81 - 07/28/04 10:52 FAX 6316534395 DIANEU004 - _ • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED CERTIFICATE OF OCCUPANCY No: Z-25582 Date: 03/11/98 THIS CERTIFIES that the building VEHICLE REPAIR SHOP Location of Property: 21855 COUNTY ROAD 48 • CUTCHOGUE, (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 96 Block 1 Lot 19:1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 27, 1998 pursuant to which Building Permit No. 16755-Z dated MAY 27, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is VEHICLE REPAIR SHOP AS PER ZBA AMENDMENT TO SPECIAL EXCEPTION #3835 DATED APRIL 27TH, 1989* *NOTE: THIS UPDATES CERT. OF OCCUPANCY i17295 DATED SEPT. 13, 1988 The certificate is issued to ARTHUR V. JUNGE (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. - N-026184 08/05/88 PLUMBERS CERTIFICATION DATED N/A Bu dinspector Rev. 1/81 ' ' r 07/28/04 10:53 FAX 6316534395 _ DIANE E6006 FORM NO. 4 TOWN OF ,SOUTAOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-24388 Date MAY 30, 1996 THIS CERTIFIES that the building ACCESSORY Location of Property 21855 COUNTY ROAD 148 CUTCHOGUE NY House No. Street Hamlet County Tax Map No. 1000 Section 96 Block 1 Lot 19.1 Subdivision Filed Map No. Lot No. , conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 13, 1991 pursuant to which Building Permit No. 20540-Z - dated APRIL 10, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AN ACCESSORY MONOPOLE RADIO TOWER ANTENNA AS PER ERA ' APPEAL #4058 & 4062. The certificate is issued to ARTHUR V. JUNGE (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. 1237927 J JUNE 8, 1992 PLUMBERS CERTIFICATION DATED N/A 7 ----fi Bu' ding Inspector Rev. 1/81 Market Long Island Cell Site Number.NYCENY1027 Cell Site Name.CUTCHOGUE N.Y.LAND LEASE AGREEMENT THIS LEASE 'AGREEMENT ("Agreement"), dated as of the latter of the signature dates below ("Effective Date"), is entered into by Arthur V. Junge, an Individual, having a mailing address of 418 Moulton Hill Road, Lyman New Hampshire 03585 (hereinafter referred to as "Landlord") and Cellular Telephone Company d/b/a AT&T Wireless, a New York partnership, by LIN Cellular Communications Corporation, a New York corporation, its general partner,having a mailing address of PO Box 2088,Rancho Cordova CA 95741-2088 (hereinafter referred to as "Tenant"). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at 21855 Country Road 48, Cutchogue , in the County of Suffolk, State of New York (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1. LEASE OF PREMISES. Landlord leases to Tenant a certain portion of the Property containing approximately 310.50 square feet as described on attached Exhibit 1, together with unrestricted access for Tenant's uses from the nearest public right-of-way along the Property to the Premises as described on the attached Exhibit 1 (collectively,the "Premises"). 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the main entry point to the equipment shelter or cabinet, and to make Property improvements, alterations, upgrades or additions appropriate for Tenant's use ("Tenant Changes"). Tenant Changes include the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local law§,rules or regulations. . In NYCENYI 027,CUTCHOGUE the event Tenant desires to modify or upgrade the Communication Facility, and Tenant requires an additional portion of the Property(the "Additional Premises") for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises, by a reasonable amount consistent with rental rates then charged for comparable portions of real property being in the same area. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing on the Effective Date. The Initial Term will terminate on the fifth(5th) annual anniversary of the Effective Date. (b) This Agreement will automatically renew for four(4) additional five(5)year term(s) (each five(5) year term shall be defined as the "Extension Term"), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the existing Term. (c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreement then Tenant will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, the Extension Term and the Holdover Term are collectively referred to as the Term ("Term"). 4. RENT. (a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date"), Tenant will pay the Landlord a monthly rental payment of Rent"), at the address set forth above on or before the fifth (5e1) day of each calendar month in advance. In partial months occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within thirty(30) days after the Rent Commencement Date. (b) In year two (2) of the original term, and each year thereafter, monthly Rent will increase by he Rent paid during the previous Term. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Permitted Use and Tenant's ability to obtain and maintain all governmental licenses,permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Governmental Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. In addition, Tenant shall have the right to initiate the ordering and/or scheduling of necessary utilities. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. In the event Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory,Tenant will have the right to terminate this Agreement upon notice to Landlord. (c) Tenant may also perform and obtain, at Tenant's sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if the Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations or Governmental Approvals. NY Land Lease 2 2004 6. TERMINATION. This Agreement maybe terminated,without penalty or further liability,as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 15 Default and Right to Cure of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; or (c) by Tenant upon written notice to landlord for any reason, at any time prior to commencement of construction by Tenant; or (d) by Tenant on sixty (60) days prior written notice to Landlord for any reason, so long as Tenant pays Landlord a termination fee equal to three(3)months Rent, at the then current rate,provided,however,that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any one or more of Paragraphs 5(b) Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 8 Interference, 11(d) Environmental, 18 Severability, 19 Condemnation or 20 Casualty of this Agreement. 7. INSURANCE. Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of$2,500,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. The coverage afforded by Tenant's commercial general liability insurance also shall apply to Landlord as an additional insured, but only with respect to Landlord's liability arising out of its interest in the Property. 8. INTERFERENCE. (a) Where there are existing radio frequency user(s) on the Property,the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed by Landlord, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any' third party for the use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. Nothing contained herein will restrict Tenant nor its successors and assigns from installing and modifying its communications equipment. (c) Landlord will not use,nor will Landlord permit its employees,tenants, licensees,invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord's breach of this Agreement,to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability(or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord,its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability(or any claims in respect of the foregoing), costs or expenses (including reasonable NY Land Lease 3 2004 attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord or its employees or agents,or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant,its employees, agents or independent contractors. (c) Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized,validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage,lease or other agreement binding on the Landlord; and(v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will use best efforts to provide promptly to Tenant a mutually agreeable Subordination, Non-Disturbance and Attomment Agreement. 11. ENVIRONMENTAL. (a) Landlord represents and warrants that the Property is free of hazardous substances as of the date of this Agreement, and, to the best of Landlord's knowledge, the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. (c) The indemnifications of this Paragraph 11 Environmental specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph 11 Environmental will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Tenant's sole determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action, intervention or third party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity,to terminate the Agreement upon notice to Landlord. ' NY Land Lease 4 2004 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises and Landlord grants to Tenant an easement for such access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such access at no additional cost to Tenant. Upon Tenant's request, Landlord will execute a separate recordable easement evidencing this right. In the event any public utility is unable to use the access or easement provided to Tenant then the Landlord agrees to grant additional access or an easement either to Tenant or to the public utility,for the benefit of Tenant, at no cost to Tenant. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Notwithstanding the foregoing, at the earlier of the expiration or termination of this Agreement, Tenant will not be responsible for the replacement of any trees, shrubs, or other vegetation, nor will Tenant be required to remove from the Premises or the Property any foundations,underground utilities, or any part of the Communication Facility. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity,telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. When submetering is necessary and available, Landlord will read the meter on a monthly or quarterly basis and provide Tenant with the necessary usage data in a timely manner to enable Tenant to compute such utility charges. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a 12-month period. Landlord will fully cooperate with any utility company requesting an easement over,under and across the Property in order for the utility company to provide service to the Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five(45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period,Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement. Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty- five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes NY Land Lease 5 2004 beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant. 16. ASSIGNMENT/SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, without the Landlord's consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement. 17. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Tenant: AT&T Wireless Lease Administration do Wireless Asset Management Re:AWS Cell Site#NYCENY1027; Cell Site Name: CUTCHOGUE PO Box 2088 Rancho Cordova,CA 95741-2088 With a copy to: AT&T Wireless Attn: Legal Department Re: AWS Cell Site#NYCENY1o27; Cell Site Name: CUTCHOGUE 150 Mt.Airy Road Basking Ridge,NJ 07920 If to Landlord: Arthur V.Junge 418 Moulton Hill Road Lyman New Hampshire 03585 Either party hereto may change the place for the giving of notice to it by thirty(30) days prior written notice to the other as provided herein. 18. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other party hereto. 19. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight(48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination,to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses, provided that any award to Tenant will not diminish Landlord's recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty- eight (48) hours of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such NY Land Lease 2004 V damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. 21. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 22. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision may be waived except in a writing signed by both parties. (b) Memorandum/Short Form Lease. Either party will, at any time upon fifteen(15) business days _ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. Either party may record this Memorandum or Short Form of Lease at any time, in its absolute discretion. (c) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers,negotiations and agreements with respect to the subject matter of this Agreement. (e) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located,without regard to conflicts of law. (f) Interpretation. Unless otherwise specified,the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii)use of the term"including" will be interpreted to mean "including but not limited to"; (iii)whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v)use of the terms "termination" or "expiration" are interchangeable; and(vi) reference to a default will take into consideration any applicable notice, grace and cure periods. (g) Estoppel. Either party will, at any time upon twenty(20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing(i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. The requested party's failure to deliver such a statement within such time will be conclusively relied upon by the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii) no more than one month's Rent has been paid in advance. (h) No Electronic Signature/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. [SIGNATURES APPEAR ON THE NEXT PAGE] NY Land Lease ,/ ' 2004 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. WITNESSES: "LANDLORD" Arthur V. Junge, an Indiviudal. Print Name: By: 6.1A,,,t, Print Name: Print Name: 14, -j 0:1-(M141.- Its: Owner ` Date: 762/A «/ "TENANT" Cellular Telephone Company, d/b/a AT&T Wireless, Print Name: a New York partnership,by LIN Cellular Communications Corporation, a New York corporation, its general partner ' Print Name: C h n S I`n..e a rYiryt GYI$ Print Name: '7 •- r " Its: A. • • _ •- _- Date: 1/Z7 a _ '--- - - - _. / ,e Ge9S r B +' a iv n1,5 [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] NY Land Lease g 2004 TENANT ACKNOWLEDGMENT STATE OF ►) ..156) ) ) ss: COUNTY OF ) 74 No LW On the day oft �e year before me, the undersigned, a notary public in and for said state,personally appeared S7rP/1l m /,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s)or the person upon behalf of which the individual(s) acted, executed the instrument. GdaQ:(sz,. No al Public: My ommission Expires: NEM ELISE WALBY NOTARY PUBLIC OF NEW JERSE LANDLORD ACKNOWLEDGMENT SAY COMMISSION EXPIRES FEB 20,2009 STATE OF M1A) `/O iC COUNTY OF Z1A 1 )ss: - On the on day of k-71. in the year 1°6/before me,the undersigned, a notary public in and for said state,personally appeared Arthur V.Junge,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Gkn iQ/ )U_OVI-OU Notary Public:rarru? AGI a0 My Commission Expires: //)--(CLOS TANYA NEOROM NOTARY PUBLIC-STATE OF NEWYORK NO.01NE6028576 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES OCTOBER 15,20-.r NY Land Lease 2004 7 • • EDIT 1 DESCRIPTION OF PREMISES Page of to the Agreement dated , 200 , by and between Arthur V. lunge, an Individual, as Landlord, and Cellular Telephone Company, d/b/a AT&T Wireless, a New York partnership, by LIN Cellular Communications Corporation, a New York corporation,its general partner,as Tenant. The Premises are described and/or depicted as follows: 1 p Notes: 1 This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities,including police and fire departments. 4 The type,number and mounting positions and locations of antennas and transmission lines are illustrative only Actual types,numbers and mounting positions may vary from what is shown above. NY Land Lease 2004 EXISTING CSC • CABINET —1 I 18815 I . — 1,12314'00T— x i1L111).1,-"'IM, ( ';":;11. ±�� ' I EXISTING 120' I I PROPOSED 13.5'x23' '`.1 _ O MONOPOLE APPROXIMATE AT&T-UTILITY I. I AT&T LEASE AREA CONDUIT ROUTE IT�� Cf) Irn 'co I NWNIII oI m II II EXISTING � PARKING AREA I EXISTING MULTI- 301 j , METER FRAME c'1 I .. y APPROXIMATE LOCATION OF js EXISTING PROPERTY UNE (Ti?.) I I EXISTING BUILDING EXISTING TRANSFORMER II °A- I I 1 4fe I 1 1 1 _J -�- 1`7► -� 525'52'30"W L___ COUNTY ROAD 48 CALLED NORTH OVERALL SITE PLAN GRAPHIC SCALE 50' _0 50' iim El im APPROXIMATE SCALE: 1" = 50'-0" OWNER INmAIS: DATE AT&T INFNS: DATE PAGE 1 OF 3 PROPERTY INFORMATION: ........... NOT. SCALE DAT LEASE EXHIBIT PLAN PROPERY TAX IDE: //A!l T&T i n f i n i g ay 1000-096-00-01-00-019.1 e n i n e e r i n g g X04 SITE I.D. LI-1027 ZONING JURISDICTION: 810 MARIETTA MK SITE ADDRESS: TOWN OF SOUTHOLD AT&T WIRELESS SERVICES ROWEL-,GA 30075 0 t Cnoo 64o-6G66 21855 COUNTRY ROAD 15 EAST MIDLAND AVENUE FAX r.(770)640-7363 PARAMUS,NJ 07652 150-036 CUTCHOGUE, NY 11935 • EXISTING CSC CABINET X X X X X X X X X '+ x • EXISTING 120' MONOPOLE ' ' - EXISTING EQUIPMENT AND CONCRETE PAD +% II. MI x „ , / / ' / / '' i_ - r / l o-'*: / , x v•I _f�, , / PROPOSED 13.5'x23' . ” • PROPOSED CABLE / / AT&T LEASE AREA 10.0' ICE BRIDGE / EXISTING / / x 'I �/ SHELTERN / / x .. 1 / / • / / / i r / // / • / / / •:'/�'••;4 / / / x . PROPOSED GPS / / // • �ANIENNA r / Irl 4—m / / x r�(. "IC a—I` EXISTING / ab j • ,: \ / SHELTER / / • / / / agg ca.. (' / ` x PROPOSED FENCE / / ti////////////// i x X x x 1� 11‘....„,„‹, EXIS1ING GENERATOR PROPOSED GATE EXISTING GATE LOCA770N OF AT&T EQUIPMENT ON / 10'—D x18'-6"x8'DEEP CONCRETE PAD EXISTING FENCE CALLED NORTH .4'4SITE LAYOUT GRAPHIC SCALE d 10' 0 10' ::= _ : DATE APPROXIMATE SCALE. 1" = 10'-O" AT&TOWNER IINIINJS• ATE PAGE 2 OF 3 PROPERTY INFORMATION: AS NODXCALE LEASE EXHIBIT PLAN PROPERY TAX RV:1-0TED AT&T i n f i n i g t00D-096-W-01-00-0191 e n i n e e r i n g g 9�2 X04 SITE I.D. LI-1027 ZONING JURISDICTION: 81D►wBErrA MY( SITE ADDRESS TOWN OF SOUTHOLD Rove',GA 30075 AT&T WIRELESS SERVICES OFFICE k(770)640-8989 21855 COUNTRY ROAD 15 EAST MIDLAND AVENUE FAX/:(770)840-7363 PARAMUS,NJ 07652 150-036 CUTCHOGUE, NY 11935 EXISTING ANTENNAS ® ±120' AGL ti STAND-OF T-ARM N W/ANTENNA MOUNTING PIPE (BY TOWER MFR) EXISTING MONOPOLE `� 3EXISTING ANTENNAS __ PROPOSED AT&T TANTENNAS [ ® t 105' AGL r /Art. •I MODEL PALLGONC 7740.00 �. �`�� AND 7391.00 P1��2ko ` `• ,I 2, ,). y [ © ±95G AGL ANTENNAS '11 cti PROPOSED AT&T ANTENNAS ANTENNA FRAME PLAN VIEW (4 ANTENNAS PER SECTOR) N, NOT TO SCALE J II 11 L1CD 1 x 0 o 0 EXISTING 120' o MONOPOLE = 0 0 n. t- 0 J 1 CD Q N O ID U W Z W U PROPOSED GPS $ ANTENNA PROPOSED GABLE ICE BRIDGE IXISfING Q ICE BRIDGE \ PROPOSED EQUIPMENT EXISTING CHAINLINK CABINETSFENCE EXISTING SHELTER PROPOSEDFBICE , .\ n=n=n-Tie Ti=Tiu= =°u"Ti°=1 n"- ii EAST MONOPOLE ELEVATION NOT TO SCALE OWNER INMAS. DATE: AT&T INTfALS• DATE PAGE 3 OF 3 PROPERTY INFORMATION. �� APPROX SCALE PROP ERY TAX IDE: -- AT&T I f I n I gai AS NOTED LEASE EXHIBIT PLAN 1000-096-00-01-OD-019.1 engineering DATE' 9/21/04 SITE I.D. LI-1027 ZONING JURISDICTION: . 810 MARIETTA HNT SITE ADDRESS: TOWN OF SOUTHOLD ROSWELL,GA 30075 AT&T WIRELESS SERVICES OFFICE f(TIO)640-9860 21855 COUNTRY ROAD 15 EAST MIDLAND AVENUE FAX t(770)640-7363 PARAMUS,NJ 07652 150-036 CUTCHOGUE, NY 11935 , PROPERTY OWNERS Town of Southold, Tax Parcel No. 09600 0100 017003, 53895 Main road, Southold,NY --- - 11971 Nathan&Jennie Harris,Tax Parcel No. 09600 0100 018003, 21855 CR 48, Cutchogue, NY 11935 Christopher Mohr,Tax Parcel No. 09600 0100 020001, 1425 Jacobs Lane, Southold,NY 11935 v !_v J J Town of Southold (LI-1027)-- In-Vehicle coverage Existing Coverage ? ,i-6,2 wt. Obs 9...a, ., •d �a'pa •�. .q , Aj ..c>,(.°4": t; 1,,,::14::and P ti P� (3..b.* Custer Ave -o iii, tr, es Li, 00_.1taPillit. C�� • - � . °e �°Ods Q- o �N _5 _, ° Cmd o mR �� ,_ S} .a .c . v -A g m • d . ! Olai03 -P d CiR S ° Osp6C� Zaka nc � p � y1 e. ' -e6''4,),#21 .. — g" c ''. 0 ,*... r4/ S. a ; o . '' ii; 04- / lri ' \ w @/moo e�° �i> dpi p Ne A �Oo at: Rd a O C� •a ':1 °c �� w Sir °t 9°e �e \ r 7 ff ev 'L o !� si0' s�6 9r 9s o Rry 40 eed Z Rd o S. .t` ail L-. 'P a 1r, Oak St 9i .II tc:1 To d �d o228d�. , O p � oo �\ w Pet.% 1 ds la se(' P,e' N z iu:' den 't--> + 1 t _ a o �- 2 • aq Rd aa oState Hi.hwa \ ! Q\ ao!...00 4.(' e4ea us :° T c p.Je a`1 \ IL eai \ mA �- Odd l a June Ct O - •� tip `r41. 0 s !� iii- � Town of Southold (LI-1027)-- In-Vehicle coverage Proposed Coverage - k 0 9 r r m 3 .a , a .padcetiyOnd PI Custer Ave m Ca ,� Q-am- --..p °' 0. •°Od: . `6-C N . a `0 °' N 4111 1 0 o 6.�<9i4a9e IT' o g ° C' 4► 73 ° .. „ O � .C; 's'Q cp 6- C°x d 229 m ;rakac-`9.--,) ` o tl-1o27 h l ., . ,. , • \ .3 . 4-4 . ,... . . , „4„, a %i, ? a ' ' Sc*ynki °tees\ p r' A . tQ � a � ates0r Rde e °4‘,q '33 . E,. 3Gm ed \ 6o i70 .9 c §. esa, IA.,%. ^ '4 y Ra, ze, oh, CD' m a S L/ "re oOak St ch�\ ^ COC- m 4 6-2280 Q h ` � pPe„ 6 e � mdpa Rn aA vso m� �� r '`' d n \tre,,, + a i q Rd c Qd 6- -p \sty Ha.hwa C a Leas Rn \ V-, \ ! a `➢ Q okd 16- o a¢ ! @O ° 0� e �a Rcc. I d P�eV \ �! • • SOuP 4TO7\ illkilliglin\ c. \ .7 'do F �ai P i N June Ct o S.rOce h L o\'' ?i *B 4 l 07/28/04 10:52 FAX 6316534395 DIANE a005 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y_ CERTIFICATE OF OCCUPANCY No Z-18981 Date APRIL 23, 1990 S THIS CERTIFIES that the building ALTERATION Location of Property 2a5Ac. COUNTY ROAD #48 CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 96 Block 01 Lot 19 _ Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office ,dated DECEMBER 18, 1989 pursuant to which Building Permit No. 18708-Z dated DECEMBER 28, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is INSTALL WHOLESALE BAKERY & FOOD PROCESSING FACILITY IN AN EXISTING LIGHT INDUSTIRAL BUILDING AS APPLIED FOR. The certificate is issued to LOCAL TALENT INC. (lessee ) of the aforesaid building. , SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - APRIL 16, 1990 PLUMBERS CERTIFICATION DATED APRIL 18, 1990-PECONIC PLUMBING & HEATING a4L2/ 71/ 2deoot7/(11--. Building Inspector Rev. 1/81 TOWN OF SOUTHOLD • . • ' BUILDING :MIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have 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 PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c 42J/11Y Phone:'1&S- 'I CO V s Expiration ,20 411,1 Building Inspector 2. 2004APPLICATION FOR BUILDING PERMIT Date October 8 2O 4 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location 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 cede,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections.Cellular Telephone Company d/b/a LIN Cellular Communications Corp (NYS'; LLC as successor AT&T Wireles in interest to * By: (Signature of applicant or name,if a corporation) 333 Crossways Park Drive, Woodbury, NY 11797 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Applicant is lessee Name of owner of premises Arthur V. Junge (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. 42-7 8ME Other Trade's License No. Engineer: 0 6 9 8 6 7 1. Location of land on which proposed work will be done: 21855 County Roadd48, Cutchogue, New York House Number Street Hamlet County Tax Map No. 1000 Section 96 Block 1 Wtt;=, 'x Subdivision Filed Map No. Lot (Name) 2. State existing use and occupant-- -`premises and intended use and occui ✓of proposed construction: a. Existing use and Occup. Commercial arid .telecommunicat o monopole (public utility) Commercial .and telecommunications monopole (public utility) b. Intended use and occupancy 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work Public Utility (Description) 4. Estimated Cost $5 0, 0 0 0. 0 0 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units n/a Number of dwelling units on each floor n/a If garage, number of cars n/a 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any:Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated Light Industrial 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO x 13. Will-lot be re-graded?YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address ' Phone No. 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 x * 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. t 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 Suffolk) Bobby Anderson being duly sworn, deposes and.says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the' Agent — - --- -(1005Xdflikik,Agent; pi alateM ) 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. LIN Cellular Coomunications Corp (NY-) , LLMC Sworn to before me this as successor in interest to VI day of ®Cc(iti!) , 2007-J Cellular Telephone Company d/b/a AT&T Wireless ��A By: T, �� Notary blit C W V Signature of Applicant NOY11RY FIMUC 31N1E OF NEWYI}RK NO.01NE6028576 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES OCTOSEr315,23,Qr- • ' r °tit ., ti t. ^ k •,t'r s• .1� '•,� t; "z' 4-41,,t0,",.•.A. :�' f i 'rr �� • e:, # „ pp ,,, y ,n t=f1E t, - ` l- sf letsr yn R # • �l r ii Iii}+':,,Ny a Nw-3 V {-0-4•r it..i,-, /J///.,/J/�s//"..".•147.:::•-fir' L °fi n a'r !QV. �, T t ` (�} rV=fes•- /D /�'/ '. / � ::�51 ..,>.. S �. G J f l 5�.yyri•-:.:,- ,,3t . `,, ,, ". ..s rs R i •.rasa: :•13-1acapo a d:sM D..d h C.,.s•rt.q W.nrw a�enr uG�i�wt_a 4.w..oJ{I,i1„ .,'_'3,4i: „:!..0., c� x , fa e,ti^ `b NMJU Yt otlAWlrtt dlf-FORE$tGNING DfiS INSTJUMENT—Thd.11.4iTMIrIMT ,-iiiitiltro f 'y r '•,..".- . t,..N ,¶• k'. '>''r .`--•_,e,';----3-.1-,...- -�';p�'t ":t EIlt. . rV ', 4=3 5a „ l I;TH divot APRIL, n�nl cnhundredand _ ! .:4 1 •TNIS INDENTURE,made the -,-J.kr `r: `41;x, . • r:, IETWEt TIMOTHY SCOTT +;RAY, RESYDING AT NO N, SOUND AVENUE, BOX-X11:2; ,-, ) ,�' ' .,, ;OUThC`LI), NEW YORK, 11971, =' ''i''• i `- ., a party of the first part.ani' ARTHUR V. JUNGE, RESIT NG AT 6880 NASS!•U POIId,f `r•1 ma'''r- '80 ROAD, CUTCHOGUE, NEW YORK. • s^ 0 !0,..000 .1' l • ,Re's .,11..l:' - -;'darty of the se and parr 'F: I rc bi_�r,• aY1i'l:yEtiSF:TN,that the par ..f Oh: lay art, in .onstdcrr Kin of len [k,dars aoo. ether Valuable��3r-^'' �$ � 4c.�,t-; ;;: :'•`� •stderaricwt pard by the party of the srcord part,does h.-rchy grail and release unto the parry of the aceco n'd :.'1 - " i. part.the heirs of succco•.r.and a%,il;ies of the darty of the sec old(art forever. k,,.�, ,,' 4 _ .3.--a, and t vetnents'ahereott"arectedssiW err 43 ALL[hit! :ertatn plot.p,ccr or Terror of land, wt[h the �uddtngs n}tm>' ;•o, rr: ate.?elms;,n.I n, [lf?O XXX at Cugchogue, Town of Southold, County ori Suffolk '?.i¢ '`• t of Now Yore being more p •rtic:tlarly bounded aild"`desci"i$e`�Y'"-, 11,;,7t-,;,,,L..,--i . and ::.tate , t _ • ,� 14, as fellows:11 s. ,� ... tyi -x zis :�5,. f;EGINNINC at a pc)int on the northwest line of Middle Road 4�•....R:,,45")• - c �. �: yet _ 750 feet more nr 12s::: soutnt;e`sterly along said line f nom Cox's Lane, said. ' ; a'=`max. poir:t LP ink the_ sou*hc•ast corner of the., premises herein described ara8•?•�1`�`�=, _ southwest rrorteer of other ]atici of the party of the first pt.rt; L .kinin _ l` .��'�. ?Hence along the northwest line of Midd'r. Road (C. R. 48) SottthY2ea $a$�e��`:t,, " 32 minutes 30 sc-•c'onds West, 168.17 fee, to land' o Harris;-,riuieelr7•ng:; nc l_' ... • A Ai 7 a along said land North 611 degrees 54 minutes 20 se•-onds West3 2:5'2.68' Irge*. s-,' , to lard of theTown of Southold; runnin•r thence along said',1at� ; Nor-thy: i Ys, ','_,..'`,Z , 23 degrees 14 minutes 00 seconds East, 1$8.15 ,feet to land,=of-the 1:_64,4,y,7-3,7:-.---,-,:. ` . of the first Hart; running thence along aid'land South 56;de`g ees,`t474• r L, ' .1:14'i minutes 3ti seconds East, 263.11', feet 'to he ptli'tit,,or place,:,of'6EGlttttlAIR r; ,� i 4,: <.'.-."...',.,',..1-..;%„.." , ::if ' : r "'rhe ,,` ;i v ,„ e _ 42 $ (tx' re [ 1- 1 0 k?.r.,1- �` s,, • •f7x :•moi„-s��y...,^.`'. ,_--•-,.r +• j fin c�N� Tttf'ot»l1lER Mi Ali rteht lath and interest.if any.of the pi,•ty of the tiro of pan .is and ro ah},i�tsi�>, , .,,..1: •. . ,<<<_. .••s � and,,.ad, al'Wttn.•the els- desk mbett premise%to tin center.'.es thereof: TOGET HER*ethane ripper- ;r .' Alk, ..".74, toner..et an-ii all chs rs,ace and twills of the part, 01 the tc:V parr in and to said premises.TO 14AVE AND " •.x •r _ TO Hot 1"/the premise.herein granted unto the party of the second part,the heirs or successotaand-assigna ri • •sA; of the parr) .4 the ir..•..d part toieser t'"t'= AND the party of the first part..ivenancs that the part).•f the first part has not done or sufli.f10 aayt ,...p----4,:,•, A. i} : whereby tit-said Tempos F se been encumhcrcd to any way whatever.except as afoteaaid. AND the rty of the first art in compliance wit Section 13 , •!'e Lien Law.covenants that die patty of .x_ r,-"f- the first past•.:11 reccnc the con s.dcrat•on for!bis eon,eyancr a.4:1drii will hold the right to receivech b0�• " `�, ,• 'II' sideration as a trust fund to he applied first for the purpose of paying the coat Sf the 6tt�itoveStFitralli fiiitl t . X •" appl,?tar.ame firs,i.'the pacmc•ii.•f the cost of the. tmprovene..t before using airy part of the total aI1ieI1,-'"ti . came lot an. other purpose �`.', ; -,r.n� �•^4t,f:. -1-, i:-: -':r,.£"' ,a�; �7"; - _'',VF,_,s, R-.r Tp.:,43-0 '!','�• ff-ie -k,,- v7,g, zY v- 'sed -�".� '�:I",',r;c - �-t''4.57'.'• •t r.-�� - -. .. = .ljr'S.`.tim• ..r r.�}�f..' J' .x�7,Yy�,esii(- c�'4n�':i'Frgj.,T,r ��'.�z�Y}• .,I). �sµ".j�'<iC�`xk .-, ��y�� ,+' .."yaFv'�`s'`rUn� �kp ..e!riz.,..s j ._t'r ,y 3"""'". l'=•J*''- r... fi - - -- - . s + .jr:ft,F.}.}`:f f1, p�n _mo j4y ncf.�' "w�!''! k. .4 yl . SS I STATE OF NEW YOslt.COUNTY OF 11116-'' .�'.-s„" tP _ fxATi OF!1[W Yt}R1C.COIJMI'Y OF rr/'`- •l' ;,;-, 19 ,before me ' •r J het nr me On the day of '-',42i&.''�' ,�.- Clic the .,"';; las'of (•i 'i persunall� rase ;'7t. ., �f''1 1' hfi i, persor•dtly came -- 1't.�`• • ff r • y• to me kut,wn to be the individual described in n,rl who I to me known to be the individual dest:iibed in itnd wM ,, .. .1 executed the ioregotnt; irstrument. and -u�n.ealeugf•f that 1 eret'•ted the foregoing instrument, and aekttowledled that ',.1....1t..,!!,:_,'... w ; i same executed the same. ;s z1 ;* H muted t I • fir: J, if)/414 E GILL -'�Y • +' TA'""�.'+ ;L.STATE CIFSNFby YOfiK f•t,, 4 LI Y t t N_ 3C IASSA 17 I _r-1 m • sat. -LI- t, ,-17 l ?'. e.t. SS' r.'"r, -�= sr O! KM YORK_ IL t» SS i STA71 C1F 1'IrW YOtRIt.C(fUttTY 7F S'...,--C.:., 1 r �`r. K 4 Ori the day td ' 1'e I ore me On the day of 19 befortrw S',•iS: '-i=' personally tame I personally ea•n2 x �1 to me known.'wIso,bang try me duly swot,,. dud depose and I the subscribing witness to the foregoing inatruosett. with = >=t �rrM say that he test is at No whr,u l am personally acquainted, who, being by me duly .'',,hr swum,i/•,1 depose and say that he nxsdea at No. ^�t, • ' that he is the =c of I that he knows _ tee; --i -s- ,the rorpr•rahon dcscndxd A4,;g! in and which executed ttr• Iaegoint in<tru:um• that he to be the i dividtal .K y, z'3+ knows the seal of said ,-urp•:ratczn. that the seal aft ievt l descr ied in and who executed the ftxeswrg ieptttwsad; 4,, '• tel sa.d enstrunitnt is sti.-h corjr_.ate seal• that it aa. so • that he, said subscribing witness. wea-p t"iand iaw .▪ --' {{ witness, -��'.�r'``-, -_- 'Axed by order of the trot d of dirett•v> '�f sant curvora execute the same;iYirslfiS!` lie. 4, ,c:, ,,; non, and that he signed h name thereto t•i lite ordrr I at the saute time subscribed h name as witne theeeto- 2a-.f7 e y i nregtn... m 7- 4,i",_, , litik #• , i. r '4 L_.arv• ^'i Y' .t+� /000 -''.' `. i• f • • �IfTllah W. e fttft3art1 SIF: it1CCEit O '.:,F ' ;; Hit,t I, ,. i4' Tnit \„ �Y_/ ,J .40 , till ` 49. -_ 1.-.`f'.. "I,ttv --ED!!!MX OF SUFFOLK AND TOWN ` ;�:-` CIl}i'Tt{': ;h "1'1' P•1: , OF f;011711IILD ° ';fi a W{. .-.4-U1 1,-,-7•;;A,,ez ,' - „ - a.r.+d.o At Reveal a Frernfra twig 4wr+n e. s 4T? ' _` ::::: i�t� _ _ --..� RETU N EY MAIL TO_ ;�_Yf1!:. .,..rv. ..r.M- wt......w. Mb..o u. vel Ll •w.Mww.nwl _-n��"-'.kit ;. R v Arm c. ✓• riirAvgla Ill rtjtaey '`; >}' 1 t3 Q Fife--- Sv F ate /4t't'e r �ss Neadric� ;,=_P t T4 l CL�htT' II L �TLIP '' 1-5 a tamsrioaet tftla , ' :2r.. . l ,sure afros company ..''..-41A,..?•-:.., ,,,7,1.-„,), tu.,tt;,rrt:r•en,n-. I . .. ..:- • d3 5-.??aft: iJq 3 .J` E. a ''% Aft.i8 o fi M▪ x klailUJ l iii ii. } t• � sX �u ila3� i YTOSti VA.V 31.1.311;.r 5 5i==''a fie,g,", < LE to 9s III oil �� .`t ..1.:4'n:':.' t t:v i01 flUA'17V Ly,.f.t Q+:- 3 .52. €s-'1 1.; 1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION I A. Is the subject premises listed on the real estate market for sale? ❑Yes allo, B. Are there any proposals to change or alter land contours? ❑Yes XXNo C. 1)Are there any areas that contain wetland grases? NO 2)Are the wetland areas shown on the map submitted with this application? N/A 3)Is the property bulkheaded between the wetlands area and the upland building area? NO 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of junsdiction? N/A 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 slope is over 5' el., state"n/a".) I 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 (If none exist,please state"none") F. Do you have any construction taking place at this time concerning your premises? NO If yes,please submit a copy of your building permit and map as approved by the Building Department. (If construction is "as built"without a permit,please state when construction was built,and relevant information: • G. Do you or any co-owner also own other land close to this parcel? NO If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel commercial and proposed use co-location of wireless tel ecommun i*(please indicate if the same, or how it is proposed if different). *cati ons Authoed ignature and Date ZBA For• •_QUESTIONNAIRE.doc 1002 617.20 Appendix C _ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) LI 1027 1. APPLICANT/SPONSOR 2. PROJECT NAME LIN Cellular Communications (NY) LLC successor in 'interest to Cel ular Telephone LIN Cellular Communications - Cutchogue 3. PROJECT LOCATION: Company Municipality Town of Southold County Suffol k 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 21855 County Road 48, Cutchogue 5. PROPOSED ACTION IS: 0 New 0 Expansion ®Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Co-locate antennas on existing pole and locate equipment near base of pole. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately 0.006 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes El No , If No,describe briefly An area variance will be sought 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ElResidential 0 Industrial ®Commercial 0 Agriculture 0 Park/Forest/Open Space 0 Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? El Yes 0 No If Yes,list agency(s)name and permit/approvals: , 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 0 Yes ® No If Yes,list agency(s)name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes ® No I CERTIFY THAT THE'INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsorname: L'IIL Cellules Communications (NY) `LLC, successor* Date: d 1.40.5.- Signature: . : Ilk ,j ' _ fittIf the a is in the Coastal Area, and you are a state agency, complete the Coas .I Assessment Form before proceeding with this assessment * in interest to Cellular Telephone Company OVER 1 _ . PART II - IMPACT ASSESSMENT( a completed by Lead Agency) _, A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. u Yes 0 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. nYes 0 No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING*(Answers may be handwritten,if legible) Cl Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly. C3 Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources'?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? 0 Yes 111 No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Ei Yes Ei No If Yes,explain briefly: _ PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a)setting (i.e. urban or rural); (b)probability of occurring; (c)duration; (d)irreversibility; (e) geographic scope; and (f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. O Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) TOWN OF SOUTHOLD X In the Matter of the Application of OWNER'S AUTHORIZATION CELLULAR TELEPHONE COMPANY d/b/a : AT&T WIRELESS Premises: 21855 County Road 48 Cutchogue,New York SCTM# 1000-96-1-19.1 • X STATE OF NEW YORK) m SS.: COUNTY OF SO Is- I a -vL-ie • V 3u.n)o., ,being duly sworn, deposes and says: I hold title to the premises known as District 1000, Section 96, Block 1, Lot 19.1 (the "Premises"hereafter),and do hereby authorize Cellular Telephone Company d/b/a AT&T Wireless ("AT&T Wireless" hereafter) and its representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the Premises such antennas,support structures,and related equipment as AT&T Wireless may require for the establishment of its public utility wireless telecommunication facility. As such,I will fully cooperate with AT&T Wireless and its agents in obtaining any required Approvals. (Owner's),igna Sworn to before me this c9 day of Cfiia e,, 2004. l 1 .0 NOT' ,YPUB 1C TANYANES NOTARY PUBLICSTATEOI:NEW C 1 ". NO.01 NE802857e QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES OCTOBER 15,20 �'��®�' � .Omay ELIZABETH A.NEVILLE �'� �` £ '• ? ` Town Hall, 53095 Main Road TOWN CLERK t • ; P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ' Southold, New York 11971 MARRIAGE OFFICER � Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER = � $,,.0 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 DATED: January 24, 2005 RE: Zoning Appeal No. 5671 Transmitted herewith is Zoning Appeals No. 5671 - LIN Cellular Communications NY (A. Junge, Owner) -Zoning Board of Appeals application for variance. Also included is Application to the Zoning Board of Appeals; Area Variance reasons; letter from Munley, Meade, Nielsen and Re detailing enclosures;Notice of disapproval dated December 15, 2004; Zoning Board of Appeals questionnaire; Short Environmental Assessment Form; Owners authorization; Property owners; NY Land Lease Agreement (thirteen pages); Antenna site FCC RF compliance assessment and report (twenty-two pages); map showing existing coverage; map showing proposed coverage; Certificates of occupancy numbers Z-18981, Z-24388, Z-24389 and Z- 25582; copy of deed dated April 6, 1987; site plans (four pages) and one copy of survey. Town Of Southold PO Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/19/05 Receipt#: 190198 Transaction(s): Reference Subtotal 1 1 Application Fees 5671 $400.00 Check#: 190198 Total Paid: $400.00 Name: LIN, Cellular Communications LLC 333 Crossways Park Drive Woodbury, NY 11797 Clerk ID: BONNIED Internal ID•5671 SBA Network Services, Inc. To: TOWN OF SOUTHOLD 1- 122664 ChecH, ',•)er. 190198 Date: - 01/04/2005 Invoice Number Invoice Date Description Amount Discount Paid Amount 010305 01/03/2005 LI-1027 CUTCHOGUE/FILING FEE $400.00 $.00 $400.00 c M 2065 $400.00 $.00 $400.00 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check Processing) DATE: 1 /18/05 ZBA# NAME CHECK # AMOUNT T iCct.We. _ MP 5671 CINGULAR,WIRELESS 190198 $400 (A. JUNGE, Owner) JAN 1 �5 S®ith3•Id Town Clerk TOTAL $400 By LK , _ TOWN OF SOUTHOLD X In the Matter of the Application of OWNER'S AUTHORIZATION CELLULAR TELEPHONE COMPANY d/b/a : AT&T WIRELESS • Premises: 21855 County Road 48 • Cutchogue,New York SCTM# 1000-96-1-19.1 • X STATE OF NEW YORK) SS.: COUNTY S k 1 J V 3 ,being duly sworn, deposes and says: I hold title to the premises known as District 1000, Section 96, Block 1, Lot 19.1 (the "Premises"hereafter),and do Hereby authorize Cellular Telephone Company d/b/a AT&T Wireless ("AT&T Wireless" hereafter) and its representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the Premises such antennas,support structures,and related equipment as AT&T Wireless may require for the establishment of its public utility wireless telecommunication facility. As such,I will fully cooperate with AT&T Wireless and its agents in obtaining any required Approvals. LtkAA4 J 4 (Owner's/b igna Sworn to before me this ° day of o-tbtg., 2004. NOT Y PUB rt C 'AU11nI N NOTARY PUBLIC-STATE OFREMO I NO.01NE802115l8 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES OCTOBER 15,2OUI - "7`.,,,77:7777,72.7.S-''4 , - _ - "_'ire a:�:� ,:...4.-4,,e5.41 / -- ---"-,'-'.7'0t, , . . ' D AT&T. ......_......... I 71111111111.1111/11.- 4 AT&T WIRELESS SERVICES - SITE NUMBER: LI-1027 AWS ID: NYCENY1027 SITE NAME: CUTCHOGUE DRAWING INDEXDIRECTIONS 1 REV LONG ISLAND EXPRESSWAY EAST UNTIL R TURNS INTO ROUTE'25. STAY ON ROUTE 25 INTO LAUREL. FOLLOW SIGNS PROJECT INFORMATION TO HEAD NORTH TO TRUCK ROUTE 25 ON ALDRICH LANE. AT'lTHE END OF ALDRICH. MAKE A RIGHT ONTO TRUCK T01 TITLE SHEET 0 ROUTE 25/ROUTE 48/SOUND AVENUE EAST. CONTINUE EAST FOR 55 MILES. THE MONOPOLE IS ON YOUR LEFT. YOU SCOPE OF WORK: AN UNMANNED TELECOMMUNICATION FACILITY INCLUDING THE INSTALLATION HAVE TO MAKE A U-TURN AT THE NEXT BLOCK TO TURN AROUND INTO BUILDING, OF OUTDOOR EQUIPMENT CABINETS AND (12) PANEL ANTENNAS MOUNTED CO1 SITE PLAN 0 ON AN EXISTING MONOPOLE TOWER. CO2 DETAILED SITE PLAN AND DETAILS 0 SITE ADDRESS: 21855 COUNTRY ROAD CUTCHOGUE, NY 11935 4 CO3 ELEVATION VIEWS 0 V;.^IC:^,I.i.NITsY.k,t'Me,'3AP�•�s;� ��.�C'xS-."'£,`_:Y'S.'i.,fi;,'•A .`�...,K� : TOWER OWNER: E R: EAST S T E N D W IR E LE S S INC.N C . 99 WEST MAIN STREET EAST ISLIP, NY 11730 CONSTRUCTION DETAILS 0 -,;:."6,"'_ ; .', 'sz4 �-" iz',,,S1';`; »;:v : `•t?";v.,'W7 li•i r,.W5t`' ?�,, °<,i:z W. . _{,';:'.z • i')''.''G "^ ,?,4'...f4,„0.. -. ;” �,q ' �. .ro ` �., s.�x�.:;L '),-,.., -/f"'%fi . : ` za '' APPLICANT. AT&T WIRELESS SERVICES„,y14.1,%,Y ` t,-��4:a � 1�ti` ,- > `, s€ .,• z`� xK >` ' ..- ., '� 3= "'a c"` v:c :>CO5 CONSTRUCTION DETAILS0 µ v. az ,”x , : 1 E,7, cv�-z4s ,i ':;«<`' ,a< s" . •n , , � s; ,' ir: , :'' y 2, 15 EAST MIDLAND AVENUE'v „^�< „49.41:%. ' �z ' ' a; k',r:'3�":;a,'<_ .. 4, o, ,<:X:zri-3{ :3"y , II x '� ..• <:t;i« �'; �y�''s'g _, -f x� t > w,:`£' .rz u4.t -': a- « `y.*K,i; C , a,a ,,,�g,,, 1 ,,,,,",,,,,,,,F04,::. < ., i '.�, P PARAMOS, NJ 07652 EXTERIOR GROUNDING PLAN �y � ' N�4 ',„' �u�:0 , <t ` �'S+a .-�. :- �' ` �v #'t�reu .� 4< '= g�: ; t1TAX ID NUMBER: BLOCK: 1, SECTION: 096t�V,i:Vrl.:A5:; ?� a, `- �t- V;<f:: `° kF.>f .< : . h;: ;,, �; _�fi' , , : z= .::E02 UTILITY ROUTING PLAN 0 .,•••-:::,-,F,„ =��,�� rry„VZ?, ' 4F*A 4ii'iVy .„ ,�,: ::0 xi �` r" 4 � Yt�"I %;' ". LATITUDE 83). 41' 01' 46.6” • ;� , . .*� <;? :t-;� „'`,s;..` ,.�,. ;Y `.v'- „3>r< ,,q :��Iz,",-;' ;i�,:- 'e.;ES:.;� t�� ` �< LONGITUDE (NAB 83). 72 29' 503„ E03 ELEC/ ELCO ONE-LINE AND PANEL SCHEDULE 0 ' �, ` :}yx« x t!„i� `,;:•: ._�iv��.:k,: '�` x,'"" � ;""?14j>.,,`��'f� - ' f��i'��,x -:��:; 5 :V:3� !:.,':',':',''',>;.• �i x` wL:: �� 4 �r� ' ,: 4y+-3” `,�\ <, ,',`':':i;r5 '� F'ik:", .'1,• '�: x1,..,.,,,,,,,7-....,./..-7:,.::. ' ELEVATION: 70AMSLV.,4: ' ,=4f'�'-t,.' h:ea S�k�ie. .�s r'. >e:a�'�` k":�?3, :K � ti*i414. '; `„ < �; 3613 /31 E-r-PJ )44e/r14,i AFFIDAVIT CINGULAR WIRELESS Site Location: 21855 Middle Road (County Rd. 48) Cutchogue, New York 11935 Suffolk County Tax Map # 1000/96/1/19 . 1 DATE OF HEARING March 3, 2005 PREPARED FOR TOWN OF SOUTHOLD Town Hall Main Road Southold, New York 11971 PREPARED BY LYNCH APPRAISAL LTD. 294 New York Avenue, Suite 2A Huntington, New York 11743 (631) 427-1000 AFFIDAVIT OF MICHAEL J. LYNCH STATE OF NEW YORK ) - SS. : • COUNTY OF SUFFOLK ) MICHAEL J. LYNCH, being duly sworn, deposes and says: 1. I am President of Lynch Appraisal Ltd. with offices at 294 New York Avenue, Huntington, New York. 1 am- a certified New York State general real estate appraiser. I have been qualified to testify as an expert witness before the Town of Huntington Zoning Board of Appeals and Town Board, Town of Oyster Bay Board of Zoning Appeals and Town Board, Town of Hempstead Zoning Board of Appeals and Town Board, Town of North Hempstead Zoning Board of Appeals, Town of Babylon Zoning Board of Appeals and Town Board, Brookhaven Board of Zoning Appeals , Town of Smithtown Board of Zoning Appeals and Town Board, Town of Shelter Island Zoning ,Board of Appeals, Town of Islip Planning Board, Town of Riverhead Town Board and Planning Board, Town of Southold Zoning Board of Appeals and Planning Board, Town of Southampton Planning -Board, as well as numerous incorporated villages and municipalities _ throughout Nassau and Suffolk Counties. 2. On February 18 , 2005 , at the request of Cingular Wireless ( 'Cingular' ) , I inspected the proposed site located at 21855 Middle Road (County Road 48 ) , Cutchogue, Town of Southold, State' of New York (the "Property" ) . The Property is also known and designated by Suffolk County Tax Map: District 1000 , Section 96, Block 1, Lot 19 . 1. I am fully familiar with the Property, the neighborhood in which it lies, and I am fully familiar with the proposed Cingular public utility wireless communication facility (the "Communication Facility") . 3. Cingular's proposed Communications Facility consists of, without limitation, the installation of twelve ( 12 ) panel antennas, (consisting of three (3) sectors with four (4) antennas per sector) , mounted to an existing 105 ' monopole (the "Monopole" ) . The centerline of the ,antennas will be at a height of 70 ' above ground level ( "agl" ) , co-located with existing Verizon Wireless , Nextel Communications , and Omnipoint Communications antennas that are at centerline heights of 100' agl, 90 ' agl, and 80 ' agl, respectively. There will also be associated equipment cabinetry located near , the base of the Monopole, on a concrete pad, within a leased, fencedcompound (the "Compound") measuring 13.5' x 23 ' area. The rear setback of the Compound will at 32 ' , where 70 ' is required by code and a variance is required. , 4 .• The Communication Facility site will be at the north- westerly corner of the Property, which is also improved with an- - auto repair shop, situated along the northerly side of Middle Road (County Road 48 ) , 750 ' westerly of Cox's Lane. The Property contains a total site area of 1. 05 acres and is situated within a "LI" Light Industrial zoning district. - Adjoining parcels include a Town of Southold recycling center to the north/west, vacant land to the north/east, and a single-family dwelling to the south/west, all zoned Light Industrial (LI) . Across Middle Road to the south/east is vacant land and farmland zoned Agricultural Conservation (A-C) . Nearby properties include a multi-tenanted industrial center, and vacant industrial and agricultural land. Accordingly, it is my professional opinion that the proposed Communications Facility will not negatively affect property values in the surrounding area and will not have any adverse effect on the character of the neighborhood or the pattern of its development. The Communications Facility will be a co-location on an existing Monopole, obviating the need for a new like structure or tower; and the associated Compound will be amongst other, similar compounds . Furthermore, the property values, neighborhood character and pattern of development are well established by existing conditions and uses within the area. 5. In addition, my opinion is supported by studies we have , conducted regarding other wireless facilities. We have studied the effects of the installation of wireless telecommunications on water tower sites at Langdon Road, South Farmingdale,' New York, and Arlington Avenue, Franklin Square, New York. We have studied the effects of an existing 300 ' lattice tower on new luxury housing homes at Southwoods Road, Woodbury, New York. We have studied the effects of a rooftop wireless site at Glen Cove Road, East Hills, New York. And we have studied the effects of monopole antenna 'sites at Rte. 110, Farmingdale, New York; Port Washington Boulevard, Port Washington, New York; and North Country Road, Shoreham, New York. ,These studies are summarized as follows : A. Water Tower Site, Langdon Road, South Farmingdale, New York. Wireless antennas went on-line affixed to this water tower site on 'April 1999 . This tower is situated in a stable residential neighborhood comprised of a relatively homogenous group of split- level' style, single-family dwellings. Our staff compared sale prices of homes in the immediate area (up to 3 blocks away) before and after the on-line date of the antennas . Our "before" data, which included eleven ( 11 ) sales running from 4/96 to 1/99, was compared with "after" data, which included twelve ( 12 ) sales running from 5/99 to 10/00. The average price per square foot of the homes in the before and after groups was 33% higher for the latter, but nominally similar after adjusting for market appreciation. As such, the antennas did not appear to lead to a devaluation of nearby property values around the site. - B. •Water Tower Site, Arlington Avenue Franklin Square, New York. Wireless antennas went on-line affixed to this water tower site •on January 1,998 . This tower issituated in a stable residential neighborhood comprised of a relatively modest and homogenous group of single-family dwellings. Our staff compared sales data (price per square foot) of homes in the immediate area (up to 3 blocks away) before and after the on- line date of the antennas . Our "before" data, which included eight ( 8 ) sales running from 11/95 to 10/97, was compared with, "after" data, which included six ( 6 ) sales running from 3/98 to 7/00. The average price per square foot of 'the homes in the before and after groups was 21% higher for the latter, but nominally similar after adjusting for market appreciation. As such, the antennas did not appear to lead to a devaluation of nearby property values around the site. C. 300' Lattice Tower, Southwoods Road, Woodbury, New York. An existing 300 ' telecommunications tower sits along the west side of Southwoods Road, opposite Shannon Drive. Across the street from this tower is a series of housing developments of luxury homes that were built from 1994 to 1999 . Many of the homes in these developments are within clear sight of the tower. In addition to researching overall sales in the Woodbury-Syosset area, we included looking at other home sales within the same developments that were not within direct sight of the tower, but otherwise similar to the affected homes. Our research indicates that the selling prices of the affected homes far exceeds the average selling prices of homes in the Woodbury-Syosset area, based on Multiple Listing sales data. Furthermore, the selling prices for the affected homes was similar to that of homes within the same developments that were not within direct sight of the tower. The following data reflects sales of homes along those streets , within view of the tower, and average sales prices in the Woodbury-Syosset area: PRICE RANGE OF HOMES (FROM 1994-1997 ) ALONG SHANNON DRIVE, PIRONI COURT, AND CHAUNCEY PLACE: $500,000 - $747,000; AVERAGE $626,000 AVERAGE 1997 SALE PRICE IN WOODBURY BASED ON MLS DATA: $491,565 AVERAGE 1996 SALE PRICE IN WOODBURY BASED ON MLS DATA: $434,647 AVERAGE 1997 SALE PRICE IN SYOSSET BASED ON MLS DATA: $402,878 AVERAGE 1996 SALE PRICE IN SYOSSET BASED ON. MLS DATA: $357,172 Our research has concluded that the presence of this tower has not had a negative effect on real estate values for those homes that are within sight of the tower. D. Rooftop Antennas, 70 Glen Cove Road, East Hills, New York. Wireless antennas were affixed to the rooftop of this 3-story office building in late 1997. This building is bordered to" east, north/east and by arelatively homogenous group of mid-priced single family dwellings, sharing similar appeal and utility. These include Colonial, Cape and Split-level styles, ' and are situated within the Red Ground Civic Association. Our staff compared sales data of homes in the immediate area (up to 3 blocks away) before and after the on-line date of the antennas . Our "before" data, which included eight (,8 ) sales • running from 10/94 to 4/97, was compared with "after" data, which included twelve ( 12 ) sales running from 1/98 to 8/00. The average price per home in the before and after groups was 20% higher for the latter, but nominally similar after adjusting for market appreciation. As such, the antennas did not appear to lead to a devaluation of nearby property values around the site. E. '' Monopole Antenna Site, Rte. 110, Farmingdale, New York. A 120 "± monopole was erected at the south end of a retail store parking lot in approximately Fall 1999 . This property is adjacent to a residential neighborhood comprised of modest- priced,, detached single-family dwellings of Hi-Ranch, Cape Cod and Colonial styling, all sharing similar utility and appeal. Our staff compared sales data (price per square foot) of homes in the immediate area (up to 3 blocks ) before and after the installation date of the monopole. Our "before" data, which included eight (8 ) sales running from 12/98 to 9/99, was compared with "after" data, which included eight ( 8 ) sales running from 6/00 to 8/01. The average price per home in the before and after groups was 28% ' higher for the latter, but nominally similar after adjusting for market appreciation. As such, the tower did not appear to lead to a devaluation of nearby property values around the site. F.' Monopole Antenna Site, Port Washington Police Department, Port Washington Blvd. , Port Washington, New York. A 100 ' ± monopole mounted w/cellular panel and police antennas was erected on this site in approximately August 1992 . This property is adjacent to a small residential development comprised of a homogenous group of mid-priced single-family dwellings. Our staff -compared sales data of homes in the development before and after the installation date of the monopole. Our "before" data, which included ten ( 10 ) sales running from 8/89 to 8/92, was compared with "after" data, which included fifteen ( 15) sales running from 11/92 to 12/96. The average price per home in the before and after groups was nearly equal at $302,750 vs. $302, 465. The real estate market during this study period was relatively level. As such, the tower did not appear to lead to a devaluation of nearby property values around the site. G. Monopole Antenna Site, Rocky Point Fire Department, North Country Road (S.R. 25A) , Shoreham, New York. A 100 '± monopole mounted w/cellular panel and emergency service antennas was erected on this site in approximately December 1992 . This property is adjacent to a stable residential neighborhood 'comprised of a relatively modest and homogenous group of single- family dwellings. Our staff compared sales data of homes in the immediate area (up to 2 blocks ) before and after the installation . date of the monopole. ' Our "before" data, which included eight ( 8 ) 'sales running from 2/91 to 9/92, was compared with "after" data, which included thirteen (13) sales running from 6/93 to 11/96. The average price per home in the before and after groups 'was nearly equal at, $132 , 438 vs. $13,1,577 . The real estate market during this study period was relatively level. As such, the tower did not appear to lead to a devaluation of nearby-property values around the site. 6. In summary, we found no correlation between the presence of wireless ' telecommunication antennas and declining property values in the seven Long Island residential communities we studied. As such, it is my opinion that the proposed Cingular facility will not have an adverse impact on the subject Property or the surrounding community. MIC L . LYNCH , Sworn to before me this da of a .g 2005. • NOT• • •i? IC ". JACALYN R. FLEMING Notary Public, State of New York No. 02F' •...'.-'•8303 Qualified in C..aunty —7 Commission Expires St:pternber 08, r LOT 17 J GENERAL NOTES: .1OG1710N ANS TOWN OF SOURIOID 1 SITE PLAN INFORMATION WAS WAS BASED ON VARIOUS SOURCES 13 5.•23'LEASE MFA OF INFORMATION INCLUDING FIELD NOTES&MEASUREMENTS D 0,3.E *50* PERFORMED BY INFINICY ENGINEERING,PLLC OF NY g__.27-.TO IA -"--•'-'I 2 THIS PROPOSAL IS FOR AN UNMANNED TELECOMMUNICATIONS FACILITY I 3 -.�^ 169 N)p�Lp! CONSISTING OF PANEL ANTENNAS MOUNTED TO AN EXISTING MONOPOLE, 4120 '''1 PLACEMENT OF SMALL.WEATHERTIGHT RADIO EQUIPMENT CABINETS WITHIN THE SUBJECT LEASEHOLD,AND ASSOCLATEO•APPURTEWWCES M (t J THE PROPOSED TRELOR SERVICES FACILITY WILL BE UNMANNED AND ('�il �•--I i DOES NOT REQUIRE WATER OR SEWER SERVICE 4118. .-- 4 THE PROPOSED AT&T WIRELESS SERVICE FACILITY IS UNMANNED.AND IS NOT 451.I I INTENDED FOR HUMAN HABITATION AND THUS DOES NOT REQUIRE HANDICAP i )I ACCESS. 5 OCCUPANCY LIMITED PERPERIODICMAINTENANCEMAINTENANCE AND INSPECTION U BY AT&T WIRELESS TECHNICIANS APPROXIMATELY(2)TIMES PER APPROXIMATE LOCATION d LppSppG LOT 201 MONTH EXISTING PROPERTY UNE(TIP) o4 PAR 7 4V CHRISTOPHER ROHR 6 NO STROBIC UGHTTNG IS INCLUDED IN THIS PROPOSAL. / I ,. 7. NO S PROPNOISE,OSALSMOKE,DUST OR ODOR WILL RESULT FROM 1. THI ' W B OUTDOOR STORAGE AND SOUR WASTE CONTAINERS ARE NOT PROPOSED. .- ^^�"••••• LL •�•y o 9 EXTERIOR SIGNS ARE NOT PROPOSED 6� LOT I ( S u 10 NO NEW ACCESS ROAD WILL BE REQUIRED UNDER THIS APPLICATION 11 JENNIE HARTS f1 EXISTING TOTAL AREA OF DISTURBANCE UNDER THIS PROPOSAL 250 Sit y •, "�`�� t 12 THE INCREASE IN STORM WATER RUNOFF DUE TO THE INCREASE IN r""''''''......, _ I IMPERVIOUS AREA IS INSIGNIFICANT EXISTING DRAINAGE PATTERNS WILL ' — ----- -- NOT BE ALTERED THEREFORE.DRAINAGE STRUCTURES ARE NOT PROPOSED I EIRSTRNG I 13 ALL CONSTRUCTION FOR SITE IMPROVEMENTS SHALL CONFORM TO APPLICABLE PARTING'L . i SPECIFICATIONS.STANDARDS,AND REQUIREMENTS OF THE GOVERNMENTAL OR UTILITY AUTHORITIES HAVING JURISDICTION AND ALL EXISTING ACTIVE SEWER,WATER,GAS,ELECTRIC, OTHER —0 ---` -�- - UTILITIES WHERE ENCOUNTERED IN THE WORK,SHALL BE PROTECTED 4.. W AT ALL TIMES,AND WHERE REQUIRED FOR THE PROPER EXECUTION OF ll y �}tp- ) - THE WORK,SHALL 6E RELOCATED AS DIRECTED BY ENGINEERS �T16OI .l EXTREME CAUTION SHOULD BE USED BY THE CONTRACTOR WHEN _ _ EXCAVATING OR PIER ORIWNC AROUND OR NEM UTILITIES. __- - CONTRACTOR SHALL PROVIDE SAFETY TRAINING FOR THE WORKING "- - CREW THIS WILL INCLUDE BUT NOT WHITED TO A)FALL PROTECTION - n*4B ,__. B)CONFINED SPACE C)ELECTRICAL SAFETY D)TRENCHING&EXCAVATION _ -- - 15. ALL SITE WORK SHALL BE AS INDICATED ON THE DRAWING AND -__ STIPULATED IN THE PROJECT SPECIFICATIONS .„— _---- -' J 16 IF NECESSARY,RUBBISH,STUMPS,DEBRIS,STICKS,STONES AND OTHER B ,- REFUSE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF LEGALLY. • 17 THE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO FLOW AWAY FROM THE RADIO EQUIPMENT AND TOWER AREAS SITE PLAN 0/0 10ORTI1 16 THE SUBGRADE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH v..c UNIFORM GRADE PRIOR TO FINISHED SURFACE APPLICATION ' nO I x we 19 ALL EXISTING INACTIVE SEWER,WATER.GAS,ELECTRIC AND OTHER �� UTILITIES.WHICH INTERFERE WITH THE EXECUTION OF THE WORK, SHALL BE REMOVED AND/OR CAPPED,PLUGGED OR OTHERWISE SYMBOLS AND MATERIALS DISCONTINUED AT POINTS WHICH WILL NOT INTERFERE WITH THE — SITE LEGEND EXECUTION OF THE WORK,SUBJECT 70 THE APPROVAL OF - ENGINEERINGAA --------- DETAIL REFERENCE —PROPERTY UNE 20 THE AREAS OF THE OWNERS PROPERTY DISTURBED BY THE WORN AND NOT COVERED BY THE PROPOSED IMPROVEMENTS SHALL BE RESTORED N N K K FENCE UNE AS REQUIRED. irk SECTIONS AND DETAILS Q —[—ELECTRIC SERVICE 21 EROSION CONTROL MEASURES,IF REQUIRED DURING CONSTRUCTION, SHALL BE IN CONFORMANCE WITH THE LOCAL GUIDELINES FOR , EROSION AND SEDIMENT CONTROL •.• ,.I CONCRETE —T TELEPHONE SERVICE - NOTE:BASEMAPPINC INFORMATION 22 ALL SITE WORK SHALL BE COORDINATED WITH THE PROPERTY OWNER !�j'_n PROJECT INFORMATION LOT 17.3 LOCATION a AWS IOD OF souTHaD ��"l"''1 GENERAL NOTES: PROPERTY OWNER/ ARTHUR V RIME 1].5'x2]'LEASEµ[A/ 21565 COUNTRY ROAD M SITE ADDRESS 21855 COUNTRY TION) COYPOUNO DOEN90N :�."�- I. SITE PLAN INFORMATION WAS WAS BASED ON VARIOUS SOURCES C1855 NY 119]5 OF INFORMATION INCLUDING FIELD NOTES&MEASUREMENTS TOWER OWNER- OIOWN CASTLE , W 77 N•�"�, 1.(7.-ii-1 ' _„___!50_,-- i PERFORMED BY INFINIGY ENGINEERING,PLLC OF NY. 1200 MCARTHUR BLVD ” ty (h 2 THIS PROPOSAL IS FOR AN UNMANNED TELECOMMUNICATIONS FACILITY „,.........:.%-1--- I CONSISTING OF PANEL ANTENNAS MOUNTED TO AN EXISTING MONOPOLE. MAHWAH,NJ 14445 �' N _.4,Li CABINETS -• ="�' - I Ef,}-I� ' _-- �f I EXISTING COMPOUND PLACEMENT OF 5 APPUCANT AT&T WIRELESS SERVICES }120' � •1 2„...„----' I ' FENCE E WITHIN THE SUBJECT,LEASEHOLD.AND ASSOCIATED APPURTENANCES 15 E157 MIDLAND AVENUE \1' x.11-1 E' , , 3 THE PROPOSED AT&T WIRELESS SERVICES FACILITY WILL BE UNMANNED AND PAIUYuS,NJ 07652 DOES NOT REQUIRE WATER OR SEWER SERVICE. TAX ID NUMBER LOT 191.MOCK 1 /° � ) S.GTM NO 1000-096-1-19 '/�I j _I i I 4 THE PROPOSED AT&T WIRELESS SERVICE FACILITY IS UNMANNED,AND IS NOT TOTAL LOT AREA. 45.589 SF-104 ACRES 1118 j �— _-.-Ll _�_„_.1 INTENDED FOR HUMAN HABITATION AND THUS DOES NOT REQUIRE HANDICAP / /�) ACCESS LATITUDE(NAD 8]) 4V BT 406” "AA' -----*5-1. _-- -- t51' 1 5 OCCUPANCY IS LIMITED TO PERIODIC MMNIENANCE AND INSPECTION LONGITUDE(NAD 83) 72'20'SOY ; .. .- ➢inNCE BY AT&T WIRELESS TECHNICIANS APPROXIMATELY(2)TIMES PER MONTH JURISDICTION TOWN OF SOUTHOLD gi. - I CURRENT USE COMMERCIAL .5 t-/ 1 I 6 NO STROBIC LIGHTING IS INCLUDED IN THIS PROPOSAL PURPOSED USE. TELECOMMUNICATIONS FACILITY �'�' ` j LOT 20 I 7 NO NOISE.SMOKE,DUST OR ODOR WILL RESULT FROM ( / CHRISTOPHER ROHR THIS PROPOSAL. CURRENT ZONING U UGNT INDUSTRIAL z( L I 22155 CGURTRY ROAD 46 EXISTING LOT COVERAGE. *24,555 SO FT F 056 ACRES i _JI /DOMING `•_ I 6 OUTDOOR STORAGE AND SOLID WASTE CONTAINERS ARE NOT PROPOSED (INCLUDES ASPHALT) - PARK", q1N 9. EXTERIOR SIGNS ARE NOT PROPOSED 1. }6]50 SO FT 015 ACRES �' ' / (DOES NOT INCLUDE ASPHALT) I J i Viu 10. NO NEW ACCESS ROAD WILL BE REQUIRED UNDER THIS APPLICATION PROPOSED ADDITIONAL i LOT COVERAGE }270 SO FT-.00062 ACRES I I 11. TOTAL AREA OF DISTURBANCE UNDER THIS PROPOSAL:250 Si} EXISTING LANDSCAPED AREA. }8675 50 FT 020 ACRES i I I •� .12 THE INCREASE IN STORM WATER RUNOFF DUE TO THE INCREASE IN ( 4 IMPERVIOUS AREA IS OREXISTING DRAINAGE PATTERNS WILL PROPOSED LANDSCAPE ADDITION *245 50 FT 00056 ACRES , {I! NOT BE ALTERED. THEREFORE.DRAINAGE STRUCTURES ARE NOT PROPOSED LOT 163 /-• _ .,,,,-•••r-'n' " ,i 13 ALL CONSTRUCTION FOR SITE IMPROVEMENTSUIREMSHALL CONFORM TOENTAL APPLICABLE JENME HARRIS '( N { SPECIFICATIONS.STANDARDS,AND REQUIREMENTS OF THE GOVERNMENTAL co..ROMA IB t 'i-•�- it r I I I OR UTILITY AUTHORITIES HAVING JURISDICTION. /x1 ( I 1 - 14. ALL EXISTING ACTIVE SEWER,WATER,GAS,ELECTRIC.AND OTHER DOMING METIER CENIEAJ ',I !' EXISTING '; 4 UTILITIES WHERE ENCOUNTERED IN THE WORK•SHALL BE PROTECTED BUILDING 'I AT ALL TIMES.AND WHERE REQUIRED FOR THE PROPER EXECUTION OF {• I THE WORK,SHALL BE RELOCATED AS DIRECTED BY ENGINEERS COSTING TRANSFORYFR {,, -.- ''I EXTREME CAUTION SHOULD BE USED BY THE CONTRACTOR WHEN 1 _ I EXCAVATING OR PIER DRILLING AROUND OR NEM UTILITIES I CONTRACTOR SHALL PROVIDE SAFETT'TRAINING FOR THE WORKING SYMBOLS AND MATERIALS ! I CREW THIS WILL INCLUDE BUT NOT WAITED TO A)FALL PROTECTION B)CONFINED SPACE C)ELECTRICAL SAFETY D)TRENCHING&EXCAVATION �' I DETAIL REFERENCE 15 ALL SITE WORK SHALL BE AS INDICATED ON THE DRAWING AND APPRODMATE LOCATOR OF IJ(. I p N� STIPULATED W THE PROJECT SPECIFICATIONS COSTING PROPERTY ZINC(119) 1 I i . gh SECTIONS AND DETAILS 16 IF NECESSARY,RUBBISH.STUMPS,DEBRIS,STICKS,STONES AND OTHER _ IREFUSE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF LEGALLY COSTING i 1,1 17 THE SITE SHALL BE GRADED TO CAUSE SURFACE WATER 70 FLOW I! I CONCRETE i I AWAY FROM THE RADIO EQUIPMENT AND TOWER AREAS (4i1°p 0 • • jb STAND-OFF T-ARM b W/ANTENNA MOUNTING t PIPE(BY TOWER MFR) — mimic MONOPOLE ,P PROPOSED Are AANEMHS - (( >-- / M70a/A�uTxi 77a 00 :::: rt 1 fro ,eat: i'[ I O`. r EkISTIN�.ANTENNAS C O t90 AGL IXISRNc ANTENNAS d ^�, O t80 ACL !' �� . {q 1 I —ExISTIN0¢AGL ANTENNAS O t8 ANTENNA LAYOUT ,-11-:—} - Y (4)ANTENNAS PER SECTOR II / SEE SHEET E04 FOR ADOBIONAL/ - (4)ANTENNAS PER SECTOR 1 g I / INFORMATION SEE SHEET E01 FOR ADOOIOWU./ i ‘ DOSING f//J INFORMATION 7'� f00 ` D ‘44.-...-..........'"7/ �`. N n. DOSING 100' b \ . Z YONOI'OI[ Y1 i S O o • LL j 7 E I ty B O 0 LOCATION OF GPS ANTENNA jE 1 ZZ MOUNTED TO CABLE ICE �? BLUING SUPPORT POST E DOSING BG b 1 PROPOSED CABLE • PROPOSED ICE MOGE FYISRNO 8)00)0 O PROPOSED CABLE I Ea1 �1T CARNETS ETS ILS BOCCE PROPOSED EDUPIRNT LE 01421U/DI GIBLETS i DUSTING EIXNPMENT ___ USING USTIN DIN PROPOSED OIMTHK FENCE _ __.-. -- FENCE �... = 1 E LEVEL-70 O'(ANSI) li-t INr y GRADE LEVEL 700'(ALIBI) i'' GRADE LEVEL-0'(AGL) EL0 (ARL) NOTE REFER TO STRUCTURAL ANALYSIS PREPARED BY CROWN FOR ODRIONAL INFORWTION EAST ELEVATION O • ASOUTH ELEVATION O A NOT,D v", infini �ry _ ' 0 n 0 1 0 I I r I n p g CUTCHOGUE 7,10..,,_7,i oum PRO m�wA+m 'Phi en Pt, MC WRIT SITE NO.LI-1027 -WW- AT&TELEVATION VIEWS Maur 10 RIT 2t555 NO.LI ROM 0 10-11-04 Im1Mm1 ROUT PIM A M 7.....x. I1CC 4p r -TSN FSI-M =NO Pa 10V/W�Ir MI fJW F4f ru.I�w)rJ4-xis4 CUTCHOGUE,NY 11935. AT&TAT3T WIRELESS SERVICES 15 EASTMNRANO AVENUE 'O OAR MAWR 000 If Oat WPC Ale I 9,E= dMMda WK. REV 150-036 PAR MUS.NJIB652 IL^_'K_ svAE. 1�� wont z4®7 �r om o -6 I 5 I 4 r 3 2 I i S7... • '.1 0 f- EXTENDED T HANGER-t'" SUPPORT POST+BRACKET FOR BRACKET(P1000 INC OR CHANNEL(PIROD INC OR EQUAL) EQUAL)MAXIMUM CABLE CUT POST LENGTH TO SUIT BY SPAN.3'-0•(Try REMOVING UNCAPPED END(PIR00 (PIROD PART NO.602262) DISTANT CSC �_-- 1 PART NO 852165 OR 852163) usue- B•WOE ICE BRIDGE - CHANNEL(PIROD INC.OR __..___.-._�__.__.._.__.._ EQUAL)CUT ICE BRIDGE __.-_-__.__,_�__..._.__-. I I1==7 (SEENEL )(PIR TO SUIT - i ,_�.__._._._-`1 _. -- I' ANTENNA 852168 OR -- - NO 852168 OR 852163) 7 ,� _i I EX6'ON G 100 - - ARRANGEMENT I i i �MONOPOIE I l. BY CONERA47oR • • I L1 0 CS EOWPII AR ,.- (r- A ` I•• l I •`AND CONCRETE PAO ti';t`,`` I i 1 1 ,-1;:.1 , _�.!�'l__�+ ;• FOR TAABBLEE BELE LOW PROPOSED PERSONNELWE ., :H 1 44 C y�El • 1 1 •AND SUjL_J POST, 1 ;1'. --�—'I__I LOCATION OF "n�® CONCRETE PIER ( ^,_ CABLE ICE BRIDGE O COSTING ' i •� u , DUSTING GTE 10 f SHELTER / i BE ROIDIED '- ,_�-_-_ -G::T/3 SSC CARNET i • INSTALL DRIP LOOP ON ANTENNA / CABLES AT BOTTOM OF FUTURE UYIS CABINET II� 12• TOWER/MONOPOLE.BENDING 2 �',� ' 169 ! 1 RADIUS MANUFACTURER'S 4- C Oil/ ANDREW r'-1 'l / CABLE MANUf MIN SHELTERLY"J NouR+u MIME 11CPA'S CABINET Y_-G �11 [ •CABLE SIZE PMT P�AR11-ENf EER SEND RADIUS NUMBER �/:2Z1"!_?"7..C7'7. I 7/B• LDFS-SOA 206706-Z 10• ' •y 1 1/{• LOFB-50 208706-3 15• i •1',:_‘' P--r'"-� FUTURE GflOWRI BR/ - 1 1 5/Er LDF7-5G 206708-4 20• / [__ i B •/T,^:Z?:7.1-02:'1., \___ _._.._ _._Ii ,4; ._..—. ____, .._ EXISTING FENCE PROPOSED 13 5'823• 'AT&T LEASE MEA LOCATION OF AWS GPSO EMSTMG GTEEXISTING GENERATOR ANTENNA MOUNTED TO CABLE ICE BRIDGE CABLE ICE BRIDGE DETAIL 2 LOCATION OF AT&T EOUPLEHT ON BC/AL HIS 2 10'-0.816'-810•DEEP CONCRETE PAO f,'� DETAILED SITE PLAN O uum' mt SfJIL A o r ,r m mi 1m m A 1 n to fD I nT I Q 9 CUTCHOGUE AT&T D,o-T.D{ ,oA mm.c cN T„,DA,r. DETAILED SITE PLAN ."H"`SMUT a SITE NO.U-1027 W A,0-11-0{ n,414.4 aWo. as u M AND DETAILS T '-"o'MO/ UTCHO1555 UE,N ROM AT&T WIRELESS SERVICES A A-D-RI ,>R IDA /�� ^'1 a^• I II)w-amu QITCNOOUB,NT MOS 150-036 13 EAST MIDLAND N 07852AVENUE 8a D e Mane Pt OW WP E A8 l II sN E alA..x MAW REVB PA1AAMus,wGnssz � l�� ate, xAex7 tG,2T tom D B I 5 I 4 T 3 I 2 1 i ILL'r -ev 5,c-5 t:17 97 CS Cc Oi t .S.L 0, ) SFE SE[u0 Op. r 9[[I[Lb -'re O. 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" � .�„_ e. - -a rail� G-'' `sec, .',,. a"f _ 2,.,. ..k '. #10:VIEW OF TOWN-OWNED VACANT LAND OPPOSITE #11:VIEW OF FARM LAND TO NORTH/EAST OF SUBJECT #12:BABTIST CHURCH TWO 12)LOTS SAW OF SUBJECT SUBJECT TO SOUTHEAST 1.11.,„ ,,,,,-1 .44ipri ._ : ,....ide ...:4 n--c-,=,...-=. atot 40-44414.4kir. --„,-----,- e • . 0 O ¢+c 3/9 ASI'94 ,Y3:"H /e 3 PLANNING, ZONING AND VISUAL IMPACT ANALYSIS PROPOSED PUBLIC UTILITY COMMUNICATIONS FACILITY NEW CINGULAR WIRELESS PCS,LLC. 21855 COUNTY ROAD 48 HAMLET OF CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK a r1 1 VD Prepared for: New Cingular Wireless PCS,LLC 333 Crossways Park Drive Woodbury,New York 11797 0 Prepared by: Freudenthal &Elkowitz Consulting Group,Inc. 368 Veterans Memorial Highway Commack,New York 11725 (631) 499-2222 March 2005 ri-i hri Table of Contents Page Introduction and Methodology 1 Existing Site Conditions and Proposed Public Utility Communications Facility 2 Land Use, Zoning and Environmental Analysis 6 Visual Impact Analysis 11 Findings and Conclusions 15 Figure 1 - Site Location Map 3 Figure 2 - Detailed Site Plan and Details 4 Figure 3 - Elevation Views 5 Figure 3 - Zoning Map Excerpt 7 Figure 4 - Photograph Location Map 12 Appendix A - Photographs of Subject Site and Surrounding Area Appendix B - Creative Visuals, Inc. Letter of Methodology,View Point Photographs and Photographic Simulations Appendix C - Town of Southold Zoning Board of Appeals Decisions and Planning Board Resolutions Appendix D - Curriculum Vitae of Ginny Watral, Vice President for Planning of Freudenthal &Elkowitz Consulting Group, Inc. INTRODUCTION AND METHODOLOGY A Planning, Zoning and Visual Impact Analysis was performed for the proposed New Cingular Wireless PCS, LLC (hereinafter "Cingular") public utility communications facility, consisting of panel antennas to be mounted to an existing 100±-foot-tall monopole, with associated ground- based equipment. The subject site is located at 21855 County Road 48, Hamlet of Cutchogue, Town of Southold, Suffolk County, New York. The subject site was examined as to land use and zoning, environmental conditions and visual resources. A site and area survey was performed to examine land use on the site and in the surrounding community. Photographs were taken to document the existing land uses on the site and in the surrounding area (see Appendix A). In addition, Town of Southold zoning maps were consulted to determine the zoning of the site and surrounding community. In order to conduct the visual analysis, the following methodology was employed: • Visual inspection of the existing public utility communications facility location and evaluation of physical characteristics of the proposed co-location; • Visual inspection of proximate areas to determine existing characteristics of and obstructions in the horizon; and • Photographic simulation analysis of the proposed public utility communications facility from several identified vantage points, conducted by Creative Visuals, Inc. Specific methodology for the visual simulations performed by Creative Visuals, Inc. is included in Appendix B. 1 EXISTING SITE CONDITIONS AND PROPOSED PUBLIC UTILITY COMMUNICATIONS FACILITY The proposed Cingular public utility communications facility is to be located on an existing 100±-foot-tall monopole. The project site is located along the north side of County Road 48, west of Cox Lane, in the hamlet of Cutchogue, Town of Southold (see Figure 1 - Site Location Map). The property is designated on the Suffolk County Tax Map as District 1000 - Section 096 - Block 1 -Lot 19.1. The proposed installation consists of affixing three sectors of antennas, four antennas per sector, to the existing 100±-foot above grade level (agl) monopole and the installation of associated equipment at grade level within a 13-foot-6±-inch by 23±-foot area (see Figure 2 - Detailed Site Plan and Details). The proposed antennas would be affixed at a centerline height of 70±feet agl, and would extend to a height of 72-feet-2±-inches agl (see Figure 3 - Elevation Views). Associated equipment cabinets would be situated on a 10±-foot by 18-foot-6±-inch concrete pad adjacent to the existing equipment of other carriers. An existing fence that surrounds existing communications equipment would be extended to enclose the proposed equipment. Visual inspection of the subject property indicates that the property is currently developed with a one-story industrial building and associated paved parking areas, as well as a 100±-foot agl monopole with associated communications facilities of multiple wireless carriers. The surrounding neighborhood includes predominantly agricultural uses south of County Road 48 and commercial and industrial uses north of County Road 48, with limited residential development intermingled. The visual environment of the surrounding area contains obstructions. There are existing utility poles and overhead wires along most surrounding roads, and the existing public utility communications facility on the subject site. In order to better depict the nature of the site and surrounding area, several photographs are included in Appendix A. A detailed description of the land uses surrounding the site is contained in the section entitled Zoning, Land Use and Environmental Analysis. 2 • „ ,,,,,, )0,, '% ,,c,..7-- if"''''' 'N,, 'ss. ,, ) ','''''.›,,. , ' 'N., • ••• ,'',v'1'=” 1. . :: s'i S ,-:1•-r- '':''rl''t'',•N*T;.::'.,r:' 4',y, Ir-_•' ,-,--,,,,z,-;;••••-ftte;,,,:••,,,,--„,_,,,, + ,>/:;::)"..,;4"..;;;%'N'A.,,,,::::„‘„,,,.: "‘„,,,,‘: +; '''';44.;...,,,s0.i...*. . ''''''''''' ' '1/4‘.6,10...";‹,,%/ ,:t,,,4 '4..\.; ....4'''' ii•-; "ts. 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CI' 1":-., • 7 .4f.% ....„42.4 ...• - . . -. ?,,.,..;,? 40 ▪-.., a %-..-. -;,;:t p.,.„4. , 44:,....: ,,.:,,7, 1 ' -' 1" 1 ; AI • :'• k e',+.,,, ( ''''.1..nr:1-..,,• -..:'4„1:1 „ ..k.z:.<4.,..7",, \ s \,,,.\,, \ I riii,,,„,-1 , „..... .„ ,„„,,.,::.„,,,....,,,,...„ ;,y ' ). Name:SOUTHOLD Location: 041°014745.2" N O72°29' 121^ W Date:2/24/ 05 Caption: Site Location Map Scale: 1 inch equals 1000 feet 21855 County Road 48 3 Cutchogue Figure 1 | D EXTENDED T HANGER -'� SUPPORT POST + BRACKET FOR BRACKET (PIROD INC OR CHANNEL (PIROD INC OR EQUAL) EQUAL) MAXIMUM CABLE' I - CUT POST LENGTH TO SUIT BY 1 SPAN = 3'-0" (TYP) EXISTING CSC/ 11REMOVING UNCAPPED END (PIROD CABINET - PART NO 852168 OR 852163) (PIROD PART NO. 802262) 9" WIDE ICE BRIDGE -r CHANNEL (PIROD INC. OR _________—_______—________—_____-_____________________7 EQUAL) CUT ICE BRIDGE CHANNEL LENGTH TO SUIT _ (SEE NOTE) (PIROD PART NO 852168 OR 852163) { •.`. `1 , I EXISTING 100' T �' ANTENNA CABLES ARRANGEMENT ;, j MONOPOLE BY CONTRACTOR. i "• 7.. f-, EXISTING EQUIPMENT ,�- O , AND CONCRETE PAD 1{--i I I J W ce.. z FOR CABLE HANGER I I:s.T -.y ✓ 0 - SEE TABLE BELOW ci e J cr PROPOSED 4' 1 , j i ` PERSONNEL GATE— s Ii ;' N C �x, PROPOSED METER © ; I V ' AND SUPPORT,POST CO2 I - , ` I. I © .1 ' Er4Z,3 l • LOCATION OF I; i oz_ ` CABLE ICE BRIDGE COS I EXISTING GATE TO \ - EXISTING �j "1 CONCRETE PIER u BE REMOVED + SHELTER i I '4 ¢ �i, .,.i> ,moi '. r o SSC CABINET YA r CABLES ATINSTALL I BOTTOM OF P LOOP ON ANTENNA FUTURE UMTS CABINET ; , � ' • X12" TOWER/MONOPOLE. BENDING , - 1900MHz BIS I RADIUS PER MANUFACTURER'S © r /c 850MHz BTS 1- STANDARDS �- 1 �; C / f %IFf/ ANDREW — r I' '- NOMINAL CABLE MANUF MIN ( --i • - EXISTING CABLE SIZE PART PART ABLEN HANGER BEND RADIUS FUTURE MCPA'S CABINET r, SHELTER i 1' NUMBER , i ‘-:---M _ - 7/8" LDF5-50A 206706-2 10" vi r 1 1/4", LDF6-50 206706-3 15" _;--- FUTURE GROWTH BTS I l 1 5/8" LDF7-50A 206706-4 20" t' II I E _ B 11 �x s PROPOSED 13.5'x23' 7- - ,/( '• \ EXISTING FENCE AT&T LEASE AREA- LOCATION OF AWS GPS© EXISTING GATE EXISTING GENERATOR ANTENNA MOUNTED TO C04 CABLE ICE BRIDGE CABLE ICE BRIDGE DETAIL LOCATION OF AT&T EQUIPMENT ON SCALE NTS 1O'-0"x18'-6"x8" DEEP CONCRETE PAD a U DETAILED SITE PLAN SCALE ,...4., CALLED NORTH 5' 0 5' 10' , , . _ - A i n f i n I g CUTCHOGUE _ AT&T DETAILED SITE PLAN engineering • 99 PINE STREET SITE-NO. LI-1027 AND DETAILS ALBANY, NY 12207 �► 8 10-11-04 MISCELLANEOUS REVISIONS PHR CJW PUP OFFICE (518) 434-2288 21855 COUNTRY ROAD AT&T WIRELESS SERVICES FAX (518) 434-2059 CLITCHOGUE,NY 11935 A 9-29-04 ISSUED FOR REVIEW COMMENT PHR-CJW PUP S O—O G 15 EAST MIDLAND AVENUE NO DATE REVISIONS BY CHK APp'D JOB 19 SITE # DRAWING NUMBER REV PARAMUS,NJ 07652 SCALE (DESIGNED I DRAWN. 24897 NYCENY1027 CO2 B - 6 4 5 4 r V 3 2 1 Ii R T,9a D 1- STAND-OFF T-ARM M, b W/ANTENNA MOUNTING a PIPE (BY TOWER MFR) EXISTING MONOPOLE Ir ' PROPOSED AT&T ANTENNAS (TYP 4 PER SECTOR) �' MODEL#ALLGON 7740.00 :x!I:I:: ;:::: f oP PA ��• ..\,110, � y q2i AND 7391,00 •' — 'r-- == n I i ; ,• ,r- '— • rt,, A 4 u.6 EXISTING ANTENNAS � � © ±90''AGL EXISTING ANTENNAS fir v S 1 ' @ t80' AGL c P 1 ;j I=M1 EXITENNAS HHH Q ±80' AGL ANTENNA LAYOUT _, w (4) ANTENNAS PER SECTOR / i( SEE SHEET E04 FOR ADDITIONAL - a .+ INFORMATION i, (4) ANTENNAS PER SECTOR :i j: z I I SEE SHEET E04 FOR ADDITIONAL O INFORMATION 0 EXISTING 100' MONOPOLE \I. 'I ,I CD ¢ ;i ¢ o I I' a I li -J o i o 0 i a 0 EXISTING 100' I j I o 0 b z MONOPOLE 1 iI N. I i1 !I I o i i i o I w o i ' i t O 1 ' 1 J � ' � iI; w a I Ii w , j I , Z o z I z 1- 1 1 w t I w o ; II U B z I � I a ; , w I ; , z U o i w • © LOCATION OF GPS ANTENNA I I ; a ~ MOUNTED TO CABLE ICE - I z a C04 BRIDGE SUPPORT POST 1 I I j 1- I 1 z EXISTING BUILDING ; ; I a PROPOSED CABLE H I ' a ICE BRIDGE ' II PROPOSED EQUIPMENT i ' EXISTING BUILDING Ij . ¢ PROPOSED CABLE CABINETS ICE BRIDGE I PROPOSED EQUIPMENT I i , EXISTING CHAINLINK FENCE CABINETS � , I EXISTING EQUIPMENT 1 , 1 /IEXISTING CHAINLINK \ \'' ' 'i PROPOSED CHAINLINK FENCE — _'-_= na• •,,---r-.:-.,!4,-,--',-,, FENCE . —T�- y , : 1 ' ,, ` -_ `' ---`,-"r7:11,1114,_:_- - ' I JAI ,:a ' '''';‘-7.14"--:.,,,,,r, ADE LEVEL = 70.0' (AMSC) �K'"W`� 1 - `' GRADE LEVEL = 70 0' (AMSC) T _ GRADE LEVEL = 0' (AGL) - GRADE LEVEL = 0' (AGL) ' NOTE: REFER TO STRUCTURAL ANALYSIS - PREPARED BY CROWN FOR EAST ELEVATION ADDITIONAL INFORMATION. SOUTH ELEVATION A NOT TO SCALE O NOT TO SCALE i n f i n i g CUTCHOGUE AT&T ELEVATION VIEWS e n g I veering --� 99 PINE STREET SITE NO. LI-1027 ALBANY, NY 72207 B 10-11-04 MISCELLANEOUS REVISIONS PHR CJW PMP OFFICE (518) 434-2288 21855 COUNTRY ROAD A 9-29-04 ISSUED FOR REVIEW/COMMENT PHR CJW PNP FAX (518) 434-2059 21855CUTCHOGUE,NY 11935 AT&T WIRELESS SERVICES 150–036 15 EAST MIDLAND AVENUE NO DATE REVISIONS BY CHK APPD JOB /f SITE f/ DRAWING NUMBER REV PARAMOS,NJ 07652 SCALE 'DESIGNED DRAWN 24897 NYCENY1027 CO3 B 6 - 5 5 i 4 t 3 I 2 i 1 14 n T91E LAND USE, ZONING AND ENVIRONMENTAL ANALYSIS Land Use and Zoning of the Site and Surrounding Area and Planning Considerations The proposed facility would be located in an area zoned Light Industrial (see Figure 4 - Zoning Map Excerpt). According to the Town of Southold Zoning Code, this district permits any use in either the Agricultural Conservation Zoning or the Light Industrial/Office Park, and wineries. Such uses include, but are not limited to, wholesale businesses, warehouses and building material storage and sale, cold storage plants, baking and other food processing and packaging plants. Public utility wireless communications facilities are permitted in this district requiring only site plan approval from the Planning Board. However, as the proposed equipment would be 32-feet from the rear yard instead of required 70-feet, an area variance is required. It should be noted however, that the proposed equipment would not be any closer to the property line than existing equipment, which is 11-feet from the rear yard. Furthermore, it should be noted that the public utility communications facilities of three other carriers received approvals from the Town of Southold Zoning Board of Appeals and Planning Board (see Appendix C). 6 Zoning Map Excerpt ..i ., „, , , , , , '''A 11.1 \ Z \ \ \ �1i \� '\� +\ - \-\ , ' \` 5,\ ,\ \ \\ \\` , \,\ {' i' \\ i.----1, -^ 11 \l 1, \ 2\ \ AA \\ \. e _� ` eo ° ` r. - \ , \ `rte \ + `I \\ f`' \may _ '1•\ Yx nr we '`\ �'9 a '�',' t(- :H' `'z ' 9J? ':r .1' SITE \ \ \ ', -A0.41'. \----i ,-, ' 2, . \??,. ,, \ _ \ _\\,..,.._______;\____,‘i l i 1 5 `` \ ••'\ \ 11` \\ \` 1 1 ' 1 ,+ S ,--------\ ----\\ I-1Agricultural Conservation \ \__-\__,-) Rio Residential Low Density AA f \ Residential Low Density A k A—C s `�� i \ - Residential Low Density B \ \ =1 Residential Low Density C i illi ` \ Residential Low Density D ti r/ •110 _ \- ` \,�rT Hamlet Density Residential 1 \� n r` emc°TE \\ ` PR 1Resort/Residential l\LP \ l --L. 1 •RP�o�e _ \ ; \\ �7 Residential/Office \ "( \ Limited Busmess H D _a0 \ , , i---1 Hamlet Business `� - i ;�\ a Q General Business \ \ i -', i n' 1 ,• - _rte &' \, 5 \ I T Marine I ialw` ` ,�'scu - .,.. ��,`' - giiii,. Mff, Marine II i0T\ S ,4 . . 9 � '�- ,� us LIght Industrial VIII;•�''► 1 • ` 11 CM A ordable Housin Dist. _ I " RC1• _ it -I , Source: Zoning Map, Town of Southold, Revised 1996. Scale: 1 inch= 1,600 feet FREUDENTHAL& ELKOWITZ CONSULTING GROUP, INC. Figure 4 7 The zoning and land uses of the surrounding area are as follows: North: The area directly north of the site contains a former landfill and a transfer station as well as other commercial and industrial uses within the Light Industrial and Light Industrial/Office Park districts. East: East of the site is a landscaping services building, followed by a retail area known as North Road Commons at the intersection of Cox Lane and County Road 48, which is zoned Light Industrial. Beyond Cox Lane are residential and agricultural properties within the Agricultural Conservation Zoning District. South: Directly south of the project site, the area is zoned Agricultural Conservation and contains mostly farmland and Long Island Rail Road tracks. West: West of the site is zoned Light Industrial and Light Industrial/Office Park, and contains a municipal solid waste facility, few residences, a church, farms and undeveloped areas. 8 From a planning perspective and given the area in which Cingular must locate their equipment, based on information provided by the carrier, the utilization of an existing monopole with the wireless communications antennas of multiple carriers situated thereon is appropriate. Situating antennas on an existing monopole precludes the need to construct a new, tall structure, thereby helping to minimize potential effects on neighborhood character and aesthetics. 9 Environmental Considerations Since the facility would be unmanned, there would be minimal impact on the environmental conditions in the area. The facility would not generate sewage or solid waste and would not need to be supplied with potable water. As the site would be monitored remotely, the traffic generated by the proposed project is also minimal - approximately one trip per month to inspect the equipment. There would be no significant adverse impact to soils or topography nor would the proposed project affect area drainage. Since there would be no sewage generation or water use, there would be no significant adverse impact to surface water or to groundwater quantity or quality. There are no wetlands on or adjacent to the site. Therefore, there would be no impact to such resources. 10 VISUAL IMPACT ANALYSIS Photographic Simulation Methodology Creative Visuals, Inc., in conjunction with Virtually Real, Inc., prepared photorealistic renderings of the proposed public utility communications facility. On February 24, 2005, Creative Visuals, Inc. conducted an on-site visit to obtain familiarity with the site and surrounding area. Analog photographs were taken from each of the View Points being examined between 7:45 am and 9:35 am. The conditions were partly sunny. These photographs presented a reference point for the calculation of the proposed facility placement. Five off-site points ("View Points") proximate to the site were selected for analysis as areas of potential visual impact of the completed antenna and equipment installation. Photographic simulations of the proposed facility were prepared from the five locations. A Photograph Location Map depicting the View Points is included as Figure 5. As noted above, analog photographs were taken from each of the View Points being examined. The site and each View Point were then located on a digitized New York State Department of Transportation (NYSDOT) contour map. AutoCAD was used to create a model of the actual monopole and proposed antennas. Other software was then used to photorealistically render the facility as seen from each View Point, maintaining the perspective of the analog photographs. The facility was then assigned "photorealistic" materials. Finally, the photorealistically, digitally-rendered model was inserted into the digitized site photographs. A complete letter of methodology is included in Appendix B. 11 , . PROPOSED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY ON EXISTING MONOPOLE 21855 Country Road Cutchogue, New York Site LI-1027 Prepared For New Cingular Wireless PCS, LLC .. ...... . . .... _ . _ ._ • ., , . , --" '... ,...-,•,. „.------. - ./.../"-- . .0 .. -... : ....- 0• -- b-',91-,,,- -.:,_....:.----.* . :,;•., ______--- ... , 40 , •_,2 ,•,.` 7.-----"- ' M.',- t...- -- - •-•• —60 ._ -.- 4 0° •0,...../... " . ".., : 7 0..,_' • 1.•: '' . ..... 'I .. G. 65. d-, ••, :•• . .- ' .., \...„ :..,---.., , .,.• %, '''' ,, . e°-- /C.--..,j i - , • •• •S • . .NN, 0--. ••• • - o ,,,••••" .7 s. •... 0.. . . • 1 /f r—-,-_,..50.,j,s • - - .../9....4 .-.2.-"•.. •' . ,./.' _ •,',-ii.,. ti . *:-.• ,, \ , 4i' •1 •,... . - • / 2..- e ••.,. 4.44:0 . ,...' . , ... • % 0 .„....... \,/ - (''''..-") '4, '',0s, ..-1„.•...--;" ' \*•*-' 41, '7 , :.' ‘1.• Am o' • •: , ,_.; ,, . , ..,,. 0:;, 4:r'''....,... ...,1 ,..,, •4 ----", ,..., •... , 1 :„„ ,,,,:., . , . , 4 .- 5---/-0\-'' '.-_,(.:;--j.;'...7.';:_,,- _ • ...__ ' • el.--,,, (.--- • .k‘i:-.-D -----\ 1 , ... ,_ TV- 1 • gs '\ ',-.... - 5° , 1 .,, . :-3 -.../.5ii. --- __., Ai . ,. : . , _ ( t,f, . • .. ' , Y7\-/ - . " 0 '&2 ..•t:', •- • .7/... ..;.(c,i,,,, j4K1Z-..: \ ',--.c.c.?),A'''',0 / \;,Ail., - • '••• • \,, 4,0 '",,,,:,,, t---,‘..N,, I. •,,, , , ' ,, V g'i (.:''Cl,-.76 :-..-r,---, ,,,---.... . .-A.,_ ,,,._ ' -4-. .--:, . . , • -.) ', *, - • . ... ey . , .., .. 9 •• e , • rs.4 . N\ / - irt, . ° '! 4 i -; ' °.:•9 ri'• '' . . ::). (-):\:: ?')' • / '''L-'/ ‘'. <r4',. V '. f ... , . , . • 57 ,s '•... . 0.A 12. '-•-. ,. \ \.„...........:p •• <••4--- •'., (I: T.-&-:.•--,• -••- . 's ' ' •"-.-• ,.. . -,:t„ 0 „,--f\•,.. --..„.- _ , ,_.,, . , , , . ; ,, Air •;,,,• --- '-'• '',, \i'l, ;:. c.,.• - 1%.--. --_____5!5 ,.--- ...:;•-'..; i-,-',1`--4,, •- ' \- --- :). -3 ' • . - t-- C.'. '' . .'' --4- ' o •• ••-, f; ..L.=-) -Yry/ • . .. . • • .°0;•; „'f,-„:•.N.- • r o-\\. 0.-.,,.• ...••. .... . —...... •.' N''•-):1, ' s'S --- -. • . . )' -•z___y p • •:," . ,_, .. ... 1-1:=• .---- i 4... . •_. . • ,N.,.,... ,\ ,., .. •.. ,s!........... ..)cep,,,,,.0.. \c), cSeanicrled- eart ' ‘ • 6,--:',.: k. *- - z• ''.• .o• mili, A • -0 • • -. S.—. '''. . /.'•;—:".--: .°:'.\.'k' .• ..------. • ,.2 ., e • . (-' ). '' ,%. • - 7- ,.\, ., :y,, _. (-6.0 .'.---------.• --• . • ; • S\ 1. ' ,,,_,...„,: f7: -.------:, \. -- .._1,,7,....ii — - . 0 ' •- -- • .:.N.' -, .. ..... . . ... •-''''. .. • - "--• •-• • .-". r . •\ . ...• . e. . \ - '' • • .. .. ' ) ' ..: ...- ) 6 •. . „ ?'?-- . TO 7h;111 •,•., . 1 .•r,•/:„..... ' • c'.1.( 4;'9\ f (\\IA ' s•... .0. 0 r '-'''':'': '- ''.7-,, E7'-1.-..-• ft. PREPARED BY: 454, ' 4) ,,4 ,) , : . SITE LOCATION '; -- --.:-:-: • W....1.1 . '., ,/-' * - - .-.'-: *...•,\ ;');1., E,,... , . ,* • • ...'1\-.P1'.• 4-., .' : '.. ( I2, V FLani ,-,•-• ..,-..." „?.,-i' O3lit.:'- tgg--,..,x ME N.) • VIEW POINT • ,„--.4.00 -.:,, • .-. . . . ' ' ' " 4 ‘. <,..,/ LOCATION 0100020004000 „ _ c:,,,,,... -•:• SCALE: 1" = 2000' -, .-,. ,,, . -)-R-:•., (7, Figure 5 12 Visual Impact Analysis The results of the visual simulation analysis are summarized below with existing conditions photographs and simulations included in Appendix B. View Point 1, From Cox Lane, 1,041± feet from subject site: The existing conditions photograph depicts the existing monopole and existing development along County Road 48. The photographic simulation illustrates that, while visible, the proposed Cingular installation would have a minimal incremental visual impact as the antennas would be lower than the existing antennas. View Point 2, From Cox Lane, 1,044± feet from subject site: The existing conditions photograph depicts dumptrucks and material stockpiles associated with an asphalt plant, and the existing monopole extending above the treeline. The photographic simulation illustrates that the proposed Cingular antennas would have a minimal incremental visual impact, as they are lower than the existing antennas and are visually similar to such existing antennas. View Point 3, From the intersection of Depot Lane and Oregon Road, 4,294± feet from subject site: From View Point 3, the existing conditions photograph indicates that the existing monopole is visible on the horizon from this location. The photographic simulation illustrates that the proposed antennas would be barely discernible from this view point. View Point 4, From near 7200 Depot Lane, 2,814±feet from subject site: The View Point 4 existing conditions photograph illustrates the existing monopole as visible among limited surrounding development. As shown in the photographic simulation, the addition of the Cingular antennas to the monopole would not significantly alter the visual character of the surrounding area. 13 View Point 5, From the eastbound shoulder of County Route 48, 693± feet from subject site: From this location, the existing conditions photograph depicts the existing monopole, overhead utility poles and wires traversing the roadway. The photographic simulation illustrates that the proposed antennas are similar to the existing antennas and are situated lower on the monopole. As such, the proposed installation would have a minimal incremental visual impact. As the visual analysis indicates, the proposed antennas would be visible from various vantage points. However, given existing obstructions in the horizon including the existing monopole, numerous utility poles, and overhead wires and transmission lines, the placement of the proposed Cingular antennas on the existing monopole would have a negligible visual impact. 14 FINDINGS AND CONCLUSIONS Based upon an inspection of the proposed public utility communications facility location and surrounding areas, review of the Town zoning maps, evaluation of characteristics of the proposed facility and the examination of potential areas of impact using photographic simulations,the following findings can be made: • From a planning perspective and given the area in which Cingular must place its facility, the site is optimal as Cingular has selected to co-locate on an existing monopole in an area with existing industrial and commercial uses. • As the proposed facility would be unmanned, there would be no sewage or solid waste generation nor will potable water by required. Thus, there will be no significant impacts to groundwater quantity or quality. As the proposed facility will be situated on previously-developed areas, in and proximate to an existing communications compound, there would be no significant impacts to the topography or ecology of the area. As only one passenger vehicle monthly would visit the site, there would be no significant impact on traffic. Therefore, there would be no significant environmental impacts associated with the proposed public utility communications facility. • The Telecommunications Act of 1996, the federal law that governs wireless communications facilities, encourages co-location. The co-location of antennas (in this case placement of communications antennas on an existing monopole), helps to minimize the development of different sites in the same area and serves to minimize potential cumulative impacts. • The photographic simulations indicate that, from a visual and neighborhood character perspective, the impact of the proposed antennas would be minimal as they are visually similar to existing antennas and would extend no higher than such existing antennas. 15 Based on the analysis conducted herein, development of the proposed public utility communications facility is not expected to result in substantial changes to the physical characteristics of the area nor will it result in significant adverse impacts to neighborhood character or the environmental conditions of the area. 16 APPENDIX A FREUDENTHAL&ELKOWITZ CONSULTING GROUP, INC. J w a baba .*..44/1111111111 Photograph No. 1: View of the subject property from County Road 48, facing north. .0" ji rot*. llr `' ': '53- ;a i;s 11004*- .e a ><4' 2 a'+� ,SL, :^il VI i • iiii,ir u _ — _ _ _tis K _-..- .meq` Photograph No. 2: View of the existing public utility communications facility from County Road 48, facing north. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. J .rte A •*w',V4trA; 41 f.AiK' ite F '3.,Z Altli • f., c° T. v. to, fwuAe y �►.1 4. Wieliiir .r . I 4041t8.. - .4 SIM IN Photograph No. 3: View of the ground-based equipment of the existing public utility communications facilities. A t4w • w . '''t., '. Photograph No. 4: View of the existing facility from the intersection of Depot Lane and Oregon Road,facing southeast. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. L * ra :,.. • 4141 . af c0; .'{' ,y A SLI Photograph No. 5: View of development along Cox Lane, facing north towards Oregon Road. . 47 _ �a " -- Photograph No. 6: View facing west from Cox Lane towards the solid waste facility north of the subject property. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. J I Photograph No. 7: View from the intersection of Cox Lane and the Long Island Railroad tracks, facing northwest towards the subject property. e _ I Photograph No. 8: View facing east along County Road 48 from the intersection of County Road 48 and Cox Lane. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. J 1111 \, • s a ti Photograph No. 9: View of commercial development along County Road 48, east of the subject property. r T r Photograph No. 10: View of industrial and residential development along the north side of County Road 48, west of the subject property. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. I Photograph No. 11: View of the Duck Walk Vineyards south of the subject property, facing southwest from County Road 48. • - 1 Photograph No. 12: View of industrial uses on the north side of County Road 48, west of the subject property. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. i APPENDIX B p FREUDENTHAL&ELKOWITZ CONSULTING GROUP, INC. Creative Visuals, Inc. 37 Happy Valley Road Post Office Box 435 Bearsville,NY 12409 Phone(845) 679-9055,Fax(845) 679-1175, email: cvisuals@aol.com February 24,2005 Ruth D. Oliva, Chairperson and Members of the Zoning Board of Appeals Town of Southold Post Office Box 1179 53095 Main Road Southold,NY 11971 Re:Proposed Public Utility Wireless Telecommunications Facility on Existing Monopole Dear Chairperson Oliva and Members of the Zoning Board of Appeals: The following is a description of the methodology used in preparing the visual analysis study and photo realistic renderings of a post-construction New Cingular Wireless PCS,LLC collocation of antennas ("Facility")on the existing 100'tall self-supporting monopole("Monopole"),located at 21855 Country Road, Cutchogue,New York.New Cingular Wireless PCS, LLC proposes to affix antennas to the Monopole and install related equipment at ground level as depicted in plans submitted to the Board. The Monopole has existing antennas mounted at 100', 90' and 80'AGL(Above Ground Level)respectively and related equipment at ground level. The purpose of this study is to analyze the proposed New Cingular Wireless PCS,LLC antennas and mounting platform at 70'AGL as measured to the centerline in addition to the proposed equipment at ground level. Larry Heimel made an on-site visit to obtain familiarity with the terrain and its surrounding neighborhoods. Five View Points within close proximity of the site were selected for photo representation of the proposed Facility: Description of View Point Approximate Distance to Site View Point 1 —from Cox Lane; 1,041' View Point 2—from Cox Lane; 1,044' View Point 3—from the intersection of Depot Lane and Oregon Road; 4,294' View Point 4—from near 7200 Depot Lane; 2,814' View Point 5—from the eastbound shoulder of Route 48. 693' Analog photographs of the site were taken from each of the View Points under study.These photos also presented reference points for calculation of the proposed Facility placement. The existing Monopole and the mounted equipment served as references for placement of the simulated proposed equipment. The photos were taken on February 24,2005, between 7:45 and 9:35 A.M.;conditions partly sunny skies. Two Nikon F-5 cameras were used,both with a fixed 50mm lens and shooting Fuji Professional NPC160 print film.Two cameras were used to provide an"insurance"shot. The negatives were scanned at 2700 dpi(dots per inch)and then digitized as high-resolution files. The site and each View Point were then located on a digitized DOT contour map. AutoCAD was used to create a model of the actual proposed Facility and Monopole using the drawings furnished by Infinigy Engineering,the applicant's consultants. A separate, 3D software was then used to photorealistically render the Facility as seen from each of the photo simulation View Points,maintaining the perspective of a 50mm lens. This was achieved by exporting the"model" of the proposed Facility and Monopole(along with the location of the View Points and Monopole)into a 3-D program from AutoCAD. The 3D software utilized this imported file to reference the Monopole and View Point locations,thus maintaining their relative X,Y and Z distances. The Facility and Monopole were also imported with their actual dimensions as vectorized 3D models. Each View Point including the Monopole's site was elevated to its proper height AMSL(Above Mean Seal Level). The 3D software cameras were set at each View Point's X,Y and Z location and photographed the model Facility and Monopole with a 50mm lens (correlating to our analog 50mm photos). The X,Y and Z coordinates allowed the 3D camera to render the structure to its correct scale, rotation and angle from each View Point. The Facility was assigned"photorealistic"materials in the software's materials editor. Photographs of the existing Monopole were used to facilitate photorealism. The 3D software simulated sunlight on the equipment,taking into account the site latitude, date and time of day of the View Point photographs. Finally,the photorealistically-rendered Facility was inserted and merged into the digitized site photos we had taken and converted into digitized photographs and the modeled existing monopole and placed references were digitally removed from the photograph. Conclusion Based upon our over eleven years' experience in visual analysis, as well as having analyzed over 400 public utility structure sites throughout the region,we are confident that the enclosed visual study reasonably reflects the appearance of the proposed Facility. Sinter , 77y La e' el, Pr s ent - C five Visuals, Inc. Existing view View Point 1 From Cox Lane L r: _ .. moi's f'j.ti, i la,,,.., � 4' _ IIII Jill 4t7,,,--• �r 'Non: ,,Ago^ u �.v�4 .. . q5 _. �. TT ._ moi- - r Photo by Creative Visuals, Inc. & Virtually Real, Inc. View Point 1 From Cox Lane -� s h „ ': {, Msoi au'-i is 4 Ilk : '_ l''' ' ft°,_ r,„.'_\4:: .� .. - �1� ami , '�. 10,......,6,0)404:410,,. „'Is a,� - .. .4., 10.” s �.a, 1 ,, ,,„,,,,,,.,41,,,,,.., r ",. r c abl �, �U� Y,��/ � u� v .: .F.... a 14i ......., » u. % � -rr `dirk ,� 4 Computer simulated photo by Creative Visuals, Inc. & Virtually Real, Inc. Existing view View Point 2 From Cox Lane • itidi ,•_ /: . - „,,,,/,,,• 0:joit;, v .( :ifigoopre,t,? • a i‘ 1 1 1r �' i , e" 40 t ' — ,,r, .`?his " -. _ h s_ ..i. HI TX dims ,.....,..4 Photo by Creative Visuals, Inc. & Virtually Real, Inc. View Point 2 From Cox Lane _ t, ''---- --." . 17 ., ‘ ".,. y- --"---- -,' '''''fr--,,e.' � �,,e, , ,' ',:, ,.., els , • , • 4 — t ; rv' r NII I „r, T I . I - Computer simulated photo by Creative Visuals, Inc. & Virtually Real, Inc. Existing view View Point 3 From the intersection of Depot Lane and Oregon Road •f,e, , ._- -.... -� --.. _.. - _.�-T-�_ -- - _ _ _ _ - .wf Y .:..'"I"Wetlt' .?'!Yr,- . . . ., .--* !'9r_cfxF— ..a.. . --, - `""' - y 411 �4 a '�#'i tt IfrluJ:giltl IN 11 ! 3Lr iI Ir .e,.-•.:.- _ �r 1,`11 `x'111,1 r'i 4414; .�a -. 11111.".-- 11111::;:11:711:1 i !�� !. ! r >r - - i. _ - „ \}111 �+. 11' {°'1„4`N1iu 1 . e j s'!�.f".:• 1. eti7. 7I' s 'klillt\40 11iltUll�fl,llH►y!Ii11�11Q,��I �i�ll!11 11 I , iI : 1 l \11 _�, it�Niil�,f�I,,,11�1i,i�,�lIIIiI�� 11111111iiIiiiithiliii 1�IIIIr111111111U U11 i I !I,111I�Ihr s - ,.,r._ — - _ .. rte -- ..,.-.a ,-a.arv...— - _ - ---, — ► ar - - w. '--- w ,r -_ Photo by Creative Visuals, Inc. & Virtually Real, Inc. 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V( ,,. , , : ,r *.s, `.,-,,,g rt..-.! _ ' -.4n1P- , .10,%!,, •,,,,i.. . _, -.7. - "I '1'' 1 . _,1' t • '' .' ” tiriSa:' ' i ' - '***Iikw' '''''' - - . 1111111 • it....-- ;e„... k, 'NpNENN . —%all- 1/1 • ' • • - -- – — -- I-'''. - _ _ ... ----_ , _ ••,- .-%-aliiiralleillihm. - - - .1 , • millillami. ....- , - _.......---- _-,----"------------ . .. . —,_.'"*"'-- . -.... .....-"'"-"--'---------- --.--• A Computer simulated photo by Creative Visuals, Inc. & Virtually Real, Inc. APPENDIX C FREUDENTHAL&ELKOWITZ CONSULTING GROUP, INC. APPEALS BOARD MEMBERS :�,��i7 :f�c, SCOTT L,HARRIS R`e� } • , 4 Supervisor Gerard P.Goehringer,Chairman ��, Charles Grigonis,Jr. �� . . L.. ;•^- Serge Doyen,Jr. 4s '. Town Hall,53095 Main Road w 'r -ac s' ,c!.. P.O.Box 1179 •James Dinizio,Jr. �,� 4 °R ;; • Southold,New York 11971 Robert A.Villa _�91) 4•• '.%;‘) Fax(516)765-1823 Telephone(516) 7654809 Cr cutL Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD • Appl. No. 4062 . NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Request for Special Exception approval under Article XIV, Section 100-141B( 1) for permission to establish public utility use and construct monopole radio tower and accessory equipment-storage building. Zone District: . . Light Industrial (LI) . Location of Property: 21855 County Road 48, Cutchogue, NY; County Tax Map • Parcel No. 1000-96-1-19.1. WHEREAS, after due notice, a public hearing was held on October 24, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. The premises in question is located in the Light Industrial (LI ) Zone District in the Hamlet , of Cutchogue, Town of Southold, and is more particularly identified as County Tax Map District 1000, Section 96, Block 1, Lot 19.1. 2. The subject parcel contains a total area of 1.04 acres (or 45,589 sq. ft. ) with a frontage of 168 feet along the north side of County Route 48 and a lot depth of 252+- feet. This parcel is improved with an existing building and uses which were the subject of a conditional approval by the Board of Appeals under Appl. No. 3835 rendered April 27 , 1989 and Appl. No. 3705 rendered March 3 , 1988 (Arthur L. Junge, Inc. ) , as well as site plan approval by the Southold Town Planning Board. 3 . By this application, a Special Exception is requested for " . . .construction of an equipment building and monopole for ' cellular mobile communications. . . ", both of which are public • • Page 3 - November 21, k Matter of NYNEX/ARTHUR JUNGE, INC. Decision Rendered November 21, 1991 ;af cellular communication systems must operate through a network of cell sites, the first for this applicant in the Town of Southold at the subject premises in Cutchogue. (b) this cell site has two principal components, a 12' by 26 ft. structure for computer equipment storage, and transmitting/receiving antenna-tower structure, both of which are incidental and necessary to operate a wire line telephone communications use. The top of the tower is 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the top. There would be two whip antennas that are 10 ft. above that, and one below. (c) the tower and building are monitored seven days a week, 24 hours per day per FCC mandates, although it is unmanned physically at the site. (d) the tower and antenna are solely for use by this applicant/public utility and will not be rented or leased to any other corporation, person, firm or company. Also, it is expressly understood that no new cell, or expansion will be established, unless further application and approvals by this board and the regulating commissions, on this site in order that appropriate criteria may be evaluated, including engineering data relative to wind pressures, ,wind loads and other safety considerations for such future utility expansion. (e) the tower and antenna shall not be constructed of steel lattice design, but shall be a monopole structure designed to withstand continuous wind loads in excess of 150 mph and wind peaks of 190 mph or more (sufficiently mounted with wires and brackets capable to support these pressures) . 6 . Article XIII, Section 100-130 of the Light Industrial (LI) and Light Industrial-Office (LIO) Zoning Provisions authorize this type of telecommunications use by Special Exception. The use of this proposed monopole tower and • accessory equipment storage building would include, to some extent, telephone exchanges. Although a telephone exchange is listed as a permitted use in the Light Industrial (LI) Zone District, this application for public utility structures and uses does require a special exception as provided by Article XIV, Section 100-141B( 1) and Article XIII, Section 100-131B( 4) for " . , , Public Utility Structures and uses. . . . " The Special Exception provision is applicable to this proposed project, and has been filed and considered under this provision. • 7 . In passing upon this application, the Board Members have also considered Sections 100-264 , subsections A through P, and have found and determined the following: • - Page 5 - Appl. No. 4061 )) 3 Matter of NYNEX Mobile Communications/Junge Decision Rendered November 21, 1991 application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) . This resolution was duly adopted. * * * lk -) ., GERARD P. GOEHRINGER, CHAIRMAN • • GL/L.i,+Le1YJn l b:.:ib b314254104 MUNLEVMEAD PAGE 04 �,o�0�,urrut,� o; SCOTT E. HARRIS ,�i�`t` GZ Town Hall, 53 5 Main goad SUPERVISOR t 40 _ P.O. Bo 1179 FAX(5]6)765 - 1823 p /�� Southold, New York 1197 l TELEPHONE (516)765 - 1800 y N. 0 a° BOARD OF APPEALS : _ Geeard P. Goehringer, Ch. OFFICE OF T Charles Grigonis, Jr. OOARD OF AOPEALS. Serge Doyen, Jr. Tom OFj SoliTxoLD . James Dinizio, Jr. I 1 Robert A. Villa . • i TO: Planning Board I December 5, 1991 . The following is certified to bels Resolution' of the Board of Appeals duly adopted at its Ndvemberj 21, 1991 Meeting: BE IT RESOLVED, that the application .for variances concerning the northerly rear yard setback and- the westerly si e yard setback-in the proposed estaablishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied unde Appl. No. 4058 in the Matter of ] YNEX/ARTHUR V. .JUNGE, INC. , B AND HEREBY IS APPROVED, . SUBJECT TO Tim FOLLOWING CONDITIONS, also .appljcable to the Special Ecception simultaneously render d herewith: 1 . No excessive (disturbing) noise levels; • 2.. .No expansion or-additional construction (with the exception of emergency, fire or police necesSitie's which serve the safety, health, welfare, comfbrt; convenience and order to the town) , unless further application and approvals are obtained, and for which engineering Certifications will be required, concerning increased loads., winds pressures and other safety considerations for such expan i ion,; 3 .. No microwave dishes, as agreed by the applicants (none of which are proposed during the Consideration of this application) ; • • 4 . No disturbing emissions 2f electrical discharges, light, vibration or noise, or harmful distribution. levels of radiation, as •agreed. I 5. . The setbacks shall, be not less than that applied for and shown on ,the plan dated October 18 1991 (Drawing No. 92-8012 ) prepared by Richard E. T4ng41, P.E. , from the norther y property line. i This resolution was duly adojted . CERTIFIED BY: • �- I1� �' I , .• .';‘,. im- g SSA / / 'da F. Kowa1s :i, Conf id ntial. Clerk ' of the Southold Town Board of Appeals; 1. MG BOARD 02/23/2005 18:38 6314254104 MUNLEYMEAD PAGE 02 APPEALS BOARD MEMBERS ,/�`° � FFQ�r4 6 Southold T3wn I al Gerard P. Goehringer, Chairman ,1 d` � � ' 53095 Win Road a P.O.Bo:t 1179 Lydia A.Tortora 11 gli * ; Southold,New York 11971-0959 George Horniz:gwo ' ZBA Fax(631)765-9164 Ruth 17. Oliva O1° Vincent Orlando def �� Telephone{6.`1)765- 809 »,.."' , http;l/southoldtown.uort lorkrnet I BOARD OF APPEALS TOWN OF SOUT1IOLJ FINDINGS,DELIBERATIONS 1ND!DETERMINATION MEETING OF;J.TLY 25,2002 . ; i Appi.No.5127—NEXTEL (,A.Junge,Owner) I 1 Property Location: 21855 C.R.48 (Middle Road),Cutjebogiie Parcel: 96-1-19.1 R 1ETE1`ATIIDN: The Zoning Saari;SLQof !Appeals has visited the property mid-r consideration in this application and determines that this review falls under the Type II category oft a State's List of Actions, without an adverse effect on the environment if the project is implemental .s planned as a setback request. I PIZ ERT TS CDFSCCRR.II TIO I_ The applicant's p1nperty is located on the north side of C.,' 48 in Cutchogue, with 45,589 sq. ft. of land area and read frontage of 168.17 ft. The property is immediately adjacent to the Landfill at the north side: To the west are residences, and to the e•;t, vacant land. The property is located in the Light Industrial Zone District and improved with existing Telecommunications Tower,and business buildings) BASIS OF ALPLJCAT1,ON: Building Department's Mareb 6, 2002, Amended March 11, :002 No ce of Disapproval denying a permit to construct an equipm4nt shelter (storage building) for the ren on that the building is proposed in a location at less than'70 feet from the rear property line. I I F'INfJNGS.OF FikT I The Zoning Board of Appeals held a.public hearing ¶n thi''s application on July 25k 2002, at which a written and oral evidence was presented. Based uppn all testimony, docuaaentatloa, perso ual inspection of the property and the area, and other evidence, the Zoning Board finds the following f,ets to be true and relevant. I 1vA II R_ IA�NC,E RELIEF 4&OU TE I,: Applicant's request a location of a prowled 12'S x 20'8" equipment shelter building at 38 feet from the;rear Property line, This shelter building is sb.wn at the northwest section of the property near the !existing one-story masonry building and axis 'ng Monopole structure. ; 1I.A,SON5,, FOB.DO.ARIA.AC'I II(,IN: On the basisj of testimony presented, materials submitted, , d personal inspections,the Board makes the following findings: i 1. Grant of the area variance will clot produce an undesirable change in character of neiigbborhao' or a detriment to tlearby properties. The Telecomiilininications Law requires co-locatioe on exit'rig towers. This property contains an existleg tower, and applicant's proposed a co-locate of en ante,na in accordance with the codes. The need for nen equipment shelter building is in support of the co- location. The existing Telecommunications Tower sits approximately 41 feet to the rear property I ne, and there is a need for this building to be as close to tine tower eas possible. . 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicaxt to pursue, other than an area variance because of enyirorn,cental constraints and because the prop sed location is the most beneficial to the applicants and;the neighborhood. The requested variance is not 02/23J2005 18:38 6314254104 MUNLEYMEAD PAGE 03 'pale 2 July 25,2,00z ZHA,Apel-No.5127 le �Iexte1 96-1-14,1a Cutchogj i ' Ii • 1.I i us d III es s se plhtions pertaining to public utility unreasonable and is within iteeping of the many i g it i transmission towers. II t and exceeds the geLb:CIi will b on -9tUt7 in Neigh, "I s an 9l1 3. The area variance is net NW sub s , £ accessory stor$pe structures tlti requirements which apply to 4iniilar types and desRgn i' Ys other zone districts- I 4. The proposed variance will not have an adversq effeltt or impactohsugg t the new aid leleg Or e tion ronditiaAs in the neigttborhooa or district. No evidletvice "been or • of the equipment shelter structure wilt hove au a,verse effect or Impact on the PklYsi epvlhe egntal eonditio s In the neighbo�chood or distr�4t. The applicant(lye will provide Iaudscapin for buffering, to screen outside of the fence area. a Board suggests five-foot arborvita$, pleated four apart, to be continuously maintained. flo ,everii the Board reserves the right to l vi this feetring layout if screening is not adequately follos od by applicant relative to this particular area. I 'I 5. In considering this application, the Board deems This action to be the minimum ;riecessa and adequate for the applicants to enjoy the benefit of a lien, accessory equipment gran# of this 'variance wit! preserve the character of tb6 neighborhood, and the health, :afety,tw.lfaree of the comrm; ,ity• i • BOARD RESOLUTION: In considerf n all 1 ' New York Town Law , Inc gof tbe�abo��fact and applying GoehringeT, and dui y cat'ried, to; motion was opened b' the tided balancingy test nder Iy Member Tortora, seconded by Chili man I GRANT the variance as appred for II 5/22/01revised , and sown jLn the site 8/2�/Ol,by�VViiiiatn�' Collins, ,q,I,� 1 plan drawings SP-land SP-2 d:teci This action does not authorize or cord ' Iil I subject does that may violate done any current or future use setback as are expressly addressedthe Zoning Code,! •other^ ' or other feature of the in this action. , than such Dees, setbacks and oth Vola of the �' lea res Boarei, Ayes: (Member the was rib$ellt ' •ere +oe I 1 Res+ , io ,as d p ou i':, an?1 Tortora, Horning, and Orlan 40, GG:d ',..- /- r i (4-0)• retard P. , i I Geehringer,t.'h�airoj.1 SA-02 II il II I 1 1 1 1 1 1 • I FROM : SOUTHOLD TOWN PLANNING BOARD FAX NO. : 631 765 3136 Sep. 30 2003 02:36PM P2 squir 'woe PLANNING BOARD MEMBERS ��,'d�O P.O.Lox 1179 BENNETT ORLOWSKI,JR. �'1 �'' Town Hall530)5 State Route 25 Chain-am i © Southold New York 11971-0959 RICHARD CAGGIANO • : v- + %, r, *. Telephone(53:1) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS ` .�iif Off' ��1 Fax(631) 735-3186 :' MARTIN SIDOR,JR. •0•'� • PLANNING BOA OFFICE • TOWN OF SOUTHOLD • • • August 13, 2002 Jacqueline Caputi, Esq. Munley, Meade, Nielsen & Re 36 North New York Avenue Huntington, NY 11743 • Re: Proposed amended site plan for Nextel Communications Located on the north side of CR 48, 750'west of Cox's Lane, Cutchogue SCTM# 1000-96-1-19.1 Zone: LI, Light Industrial Dear Ms. Caputi: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 12, 2002. The final public hearing was closed. The following resolution was adopted: • WHEREAS, Nextel Communications is the lease holder and Arthur Junge is the owner of the property known and designated as Nextel Antenna Site, located on the north side of CR 48 in Cutchogue; and WHEREAS, this site plan for Nextel Communications is to affix a wireless telecommunications antenna to an existing monopole and install a related equipment shelter; and - WHEREAS, this site plan was certified by the Building Department on August 12, 2002; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; and WHEREAS, the Southold Town Planning Board has determined that this action is a Type li Action and not subject to review under the State Environmental Quality Review Act, (Article 8), Part 617; and FROM : SOUTHOLD TOWN PLANNING BOARD FAX NO. : 631 765 3136 Sep. 30 2003 02.:36PM P3 'waif +r Nextel Communications— Page Two—8/13/02 WHEREAS, a variance was granted by the Zoning Board of Appeals on July 2f�, 2002 to allow the placement of an equipment building at less than the required 70 feet From the rear property line; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York on August 12, 2002; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated May 22, 2001 and last revised August 22, 2001, and authorize the Chairman to endorse the final surveys subject to a one year review from the date of the building permit. Enclosed please find two copies of the approved site plan; one for your recordr; and one to be submitted to the Building Department when you apply for your building permit. Please contact this office if your have any questions regarding the above. Very truly yours, 404.46(44/ye, ennett r owski, __ Chairman encl. cc: Building Dept, Tax Assessors 1 APPEALS BOARD MEMBERS �o,�%d$11Fff?r; c +i��0iQ Southold Town Hall Lydia A.Tortora, Chairwoman AWAll . 53095 Mahn Road Gerard P. Goluit�ger P.O.Box 1179 George brn ,`O • '�+ Southold,Nevi York 11971-0959 Homing Fax(631)765-9064 Ruth D. Oliva : pl �.�� +`'� Vincent Orlando - _ , g'' Telephone i 631)765-1809 littp://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 20, 2003 Appl. No. 5232--Omnipoint (Owner: A. Junge) Property Location: 21855 C.R. 48, Cutchogue; Parcel 1000-96-1-19.1 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 property contains an area of 14,859 sq. ft. and is improved with a one-story metal building (auto repair shop), one-story masonry building, an existing telecommunications monopole structure located in the rear yard. BASIS OF APPLICATION: Building Department's September 19, 2002 Notice of Disapproval, denying a permit under Section 100-1650 to install public utility equipment with a rear yard setback of less than 70 feet in this Light Industrial Zone District. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other eviden.;e, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: A Variance is requested under Section 100- 165C to install an equipment building with a rear yard setback at 7'2" from the rear property line. The proposed building is 10 x 17 ft. in size and will be enclosed in a chain- link fence compound, as shown on the August 4, 2001 survey prepared by Barrett, Bonacci and Van Weele, P. C. and site plan prepared by William F. Collins, AIA. 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 Telecommunications Law requires co-location on existing towers. This property contains an existing tower, The applicant proposes to co-locate an antenna in accordance with the existing law. The need for an equipment shelter building is in support of the co-location. The existing Telecommunications Tower sits approximately 41 feet to the rear property line, an there is a need for this building to be as close to the tower as possible. The applicant requests a variance to allow him to place the storage building 7 feet 2 inches from the southwest 6 Page 2-March 20, 2003 Appl. No. 5232-Omnipoint Communications 96-1-19.1 at Cutchogue rear property line based on a survey by Barrett, Bonacci and Van Weele, P. C. dated August 4, 2001 and a site plan prepared by William F. Collins, AIA. 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 of restraints caused by the Southold Landfill to the north and west and the confines of the existing tower, the building cannot be placed in another area without a variance. 3. The variance granted herein is substantial in relation to the code requirement. However, due to existing constraints, the storage building cannot be placed in another area. 4. The alleged difficulty has been self-created because the applicant was aware of the difficulty when the property was purchased. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a storage building 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 Member Goehringer, and duly carried, to GRANT the variance applied for with the condition that the applicant will provide landscaping for buffering, with five foot high arborvitae, or the like, planted four feet apart, on the west and southwest side fence area to be continuously maintained. The Board, however, reserves the right to review this buffering layout if the screening is not adequately maintained by the applicant. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates 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), Goehringer, Horning, Oliva, and Orlando. This Resolution was duly adopted (5-0). Lydia A.,rtora, Chal oman 417/03 �LANNING BOARD MEMBERSI, 00-u F 9 �C® BENNETT ORLOWSKI,JR. ® P.O.Box 1179 Chairman �� _� ' c %; Town Hall, 53095 State Route 25 • Southold, New York 11971-0959 RICHARD CAGGIANO ; x ; ' PI t Telephone (631) 7654938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS 4: c es° MARTIN H.SIDOR =-7°1 * '0 \o° PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 2003 Lawrence C. Re, Esq. Munley, Meade, Nielsen & Re 36 North New York Avenue Huntington, NY 11743 Re: Proposed Amended Site Plan for Omnipoint Communications, Inc. Located on the north side of CR 48, 750' west of Cox's Lane, Cutchogue SCTM#1000-96-1-19.1 Zone: LI, Light Industry Dear Mr. Re: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 12, 2003: The final public hearing was closed. The following resolution was adopted: WHEREAS, Omnipoint Communications, Inc. is the lease holder and Arthur Junge is the owner of the property known and designated as Omnipoint Communications, Inc. Antenna Site, located on the north side of CR 48 in Cutchogue; SCTM 1000-96-1-19.1; and WHEREAS, this site plan for Omnipoint Communications, Inc. is to affix up to twelve wireless telecommunications antennas to an existing monopole and install a related equipment shelter; and WHEREAS, this site plan was certified by the Building Department on May 10, 2003; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on January 13, 2003; and Omnipoint Communications — Page Two— 5/13/03 WHEREAS, a variance was granted by the Zoning Board of Appeals (Application No. 5232) on March 20, 2003 to allow the placement of an equipment building at less than the required 70 feet from the rear property line and further required additional landscape buffering on the west and southwest side fence area; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York on May 12, 2003; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated August 16, 2002 and last revised January 16, 2003, and authorize the Chairman to endorse the final surveys subject to a one year review from the date of the building permit. Enclosed please find two copies of the approved site plan; one for your records and one to be submitted to the Building Department when you apply for your building permit. Please contact this office if you have any questions regarding the above. Very truly yours, Ckte,{pbub-Df2,:e_ Bennett Orlowski, Jr. 4l70 Chairman encl. cc: Building Dept. Tax Assessors J APPENDIX D FREUDENTHAL& ELKOWITZ CONSULTING GROUP, INC. Ginny Watral,MPA Freudenthal &Elkowitz Consulting Group,Inc. 368 Veterans Memorial Highway • Commack, New York 11725 _ Telephone: (631)499-2222 •Facsimile: (631)499-5928 PRESENT POSITION Mrs. Watral is Vice President of Planning with the firm of Freudenthal & Elkowitz Consulting Group, Inc. (F&E). PROFESSIONAL EXPERIENCE Mrs. Watral has comprehensive and diverse experience in overall planning and environmental evaluation associated with redevelopment of numerous parcels within various municipalities on Long Island. Specifically, this includes community development; waterfront revitalization; preparation of grant applications for commercial and residential projects; planning, zoning and visual impact assessments for public utility communication facilities; neighborhood character studies; preparation of environmental assessment forms; preparation of environmental impacts statements; and municipal planning. Additionally, Mrs. Watral prepares New York State Department of Environmental Conservation and U.S. Army Corps of Engineers permit applications. Prior to joining F&E, Mrs. Watral worked for the Long Island Housing Partnership and the City of Glen Cove. Among her responsibilities were preparation of environmental assessments for community development projects for the Town of Babylon, in accordance with the State Environmental Review Quality Act (SEQRA) and the National Environmental Policy Act (NEPA) and monitoring regulatory compliance of federal, state and other public and private funding sources. Mrs. Watral has provided expert testimony relative to the planning and environmental impacts of public utility communications facilities and development projects throughout Long Island. Representative projects in which Mrs. Watral has been instrumental include but are not limited to: - Preparation and submission of planning and zoning analyses and neighborhood character studies, including expert testimony, in the Incorporated Villages of Great Neck Plaza, Cedarhurst, Valley Stream, Mineola, Garden City and New Hyde Park and the Towns of Hempstead, Oyster Bay, Huntington,Brookhaven and Islip; - Environmental Assessment Forms for projects including residential land divisions, public utility communications facilities, hospitals and senior citizens developments, in the Towns of Hempstead, North Hempstead, Oyster Bay, Brookhaven and Huntington; - Preparation, submission and presentation at public hearings in the Town of Babylon, of Comprehensive Annual Performance Evaluation Report for the Community Development Block Grant and HOME Investment Partnership Programs to the United States Department of Housing and Urban Development; - Preparation, submission and presentation of documentation supporting land divisions and various applications; - Compilation of information for planning, zoning and visual impact assessments for over fifty public utility communications facilities. EDUCATION Bachelor of Science/Master of Public Administration, College of Management, School of Public Service, Long Island University, C. W. Post Campus, Greenvale,New York, Accelerated degree program,Magna cum Laude, September, 1998. Associate in Arts, Liberal Arts and Sciences, Suffolk County Community College, Selden, New York, With Highest Distinction,May, 1995. • =? ' ��,, •••�- MAILING ADDRESS: PLANNING BOARD ME1Viisn'RS ��__� Q� S�(/Jy_ P.O. Box 1179 JERILYN B.WOODHOUSE �� Ql" old Southold,NY 11971 Chair * 1111 ; OFFICE LOCATION: WILLIAM J.CREMERS us Town Hall Annex KENNETH L.EDWAR iS ^ i C Q� 6 - ,54375 State Route 25 MARTIN H.SIDOR r �� (cor.Main Rd.'&Youngs Ave.) % io Southold,NY GEORGE D.SOLOMON �� 7ul+ APR 1 4 2005 - •--- -''' Telephone: 631 765-1938 April 12, 2005Fax: 631 765-3136 ZONING eoMbaSiStiRl, BOARD OFFICE TOWN OF SOUTHOLD Lawrence C. Re, Esq. Munley, Mead, Nielson & Re 36 North New York Avenue Huntington, NY 11797 Re: Proposed Site Plan for LIN Cellular Communications LLC (Cingular Wireless) Located on the n/s/o County Road 48, 728' w/o Cox's Lane, in Cutchogue SCTM#1000-96-1-19.1 Zoning, District: LI Dear Mr. Re: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 11, 2005: WHEREAS, the applicant, LIN Cellular Communications (NY) LLC., proposes the site plan for a new equipment building of 270 sq. ft with a fourth (4th) antenna located on the.existing cellular pole on a 1.04 acre parcel in the LI Zone; and WHEREAS, Arthur V. Junge, is the owner of the property known as 21855 County Road 48 and located on the n/s/o County Road 48, approximately 728' w/o Cox's Lane, in Cutchogue, SCTM#1000-96-1-19.1; and WHEREAS, the agent, Lawrence C. Re, proposes the site plan for the applicant and owner; and - WHEREAS, on January 18, 2005, a formal site plan application was submitted for approval; and WHEREAS, on March 10, 2005, the Southold Town Zoning Board Of Appeals granted a variance as described under Appeal Number 5671; be it therefore RESOLVED that the Southold Town 'Planning Board, acting under the State Environmental Quality Review Act (6NYCRR), Part 617.5 C-11, makes a determination that the proposed action is a Type II and not subject to review; and 'be it therefore further RESOLVED, that the Southold Town Planning Board closes the final public hearing on the Site Plan known as LIN Cellular Communications (NY) LLC; and LIN Cellular Communications (NY) LLC (Cinqular Wireless)— Page Two — 04/12/05 WHEREAS, on February 11, 2005, the Southold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and WHEREAS, on February 18, 2005, the Planning Board received a structural analysis report and letter from Infinigy Engineering certified by Oscar Pedraza, a licensed professional engineer, with several attachments to substantiate the report and the Planning Board has accepted this report and has incorporated this in the site plan approval; and WHEREAS, on February 22, 2005, the Cutchogue Fire District recommended that no additional fire well will be needed and the Planning Board has accepted this recommendation; and WHEREAS, on March 3, 2005, the Architectural Review Committee reviewed the site plan materials and determined there are no architectural features requiring comments and the Planning Board has accepted this approval; and WHEREAS, on March 14, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "wireless communication equipment facility" use; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following two items are incorporated and included in the site plan: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. The applicant, agent and owner will install 6' high balled cedars instead of the arborvitae detailed on the landscaping plan prepared by Infinigy Engineering, certified by Paul M. Penman, Licensed Professional Engineer, dated September 28, 2004 and last revised January 10, 2005. In addition, the landscape will be guaranteed for two years to ensure survivability; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore further RESOLVED that the Southold Town Planning Board grant final approval on the site plan prepared by Infinigy Engineering, certified by Paul M. Penman, Licensed Professional Engineer, dated September 28, 2004 and last revised January 10, 2005; and authorize the Chairperson to endorse the final site plans subject to a one year review. l� LIN Cellular Communications (NY) LLC (Cingular Wireless)— Page Three —04/12/05 Enclosed is one copy of the approved site plan for your records. Please contact this office if you have any questions regarding the above. Very truly yours, - Jerilyn B. Woodhouse Chairperson Enc. cc: Building Department Town Engineering Inspector Town Zoning Board of Appeals COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING S MAS ISLES, AICP `' ®RE OR OF PLANNING May 20,2005 Ms. Ruth Oliva, Chair - k100 Town of SoutholdZBP.O. Box 1179 Aogo pQQ��s Southold,NY 11971 Z°N�Na Dear Ms. Oliva: 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) Rand;Curtis&Susan 5586 Martorana,Frank 5650 Archer,William 5654 Jensen, Edward 5657 Faucon,Dorothy 5659 JKJ North Fork Realty 5662 Kramer, S.;Ryan d. 5664 Wallace, Gregory 5665 Hintges,Robert 5669 Cingular Wireless 5671 Kestler,Francis 5676 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S.Wrede Planning Aide CSW:cc G\CCHORNY\ZONING\ZONING\WORKING\CHRISLDIAPR\BR#11 APR LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (516)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (516)853-4044 APPEALS BOARD MEMBERS �" 0 7/, Southold Town Hall Ruth D. Oliva,Chairwoman , �O 1p 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer ; Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. .71. �►�1 Town Annex/First Floor,North Fork Bank Michael A. Simon ? 'tOOU � 54375 Main Road(at Youngs Avenue) •--, ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 16, 2005 Mr. Thomas Isles, Director of Planning Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5671 (Arthur Junge; Cingular Wireless) Action Requested: Construct Storage Shed; Wireless Communications Antennas Rear Yard Setback Variance Within 500 feet of: ( x ) State or County Road ( )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, Ruth D. Oliva, Chairwoman By: Enclosures K635- ',, _ / ,� MAILING ADDRESS: PLANNING BOARD MEMBERS '16j _ P.O. Box 1179 JERILYN B.WOODHOUSE � ®� 6jSouthold, NY 11971 Chair • OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex • KENNETH L.EDWARDS � �� 54375 State Route 25 MARTIN H.SIDOR ®� 1 (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON :�C'QU � �i Southold, NY Telephone: 631 765-1938 .12 t if' ' Fax: 631 765-3136 313 PLANNING BOARD OFFICE )6C O 'Ini TOWN OF SOUTHOLD MEMORANDUM Date: March 3, 2005 To: Ruth Oliva, Chairwoman, Zoning Board of Ap•eals From: Bruno Semon, Senior Site Plan Reviewer)' Re: Appeal # 5671 for Junge (Cingular Wireless) 21855 County Road 48, Cutchogue, NY SCTM: 1000-96-1-19.1 Zone: LI in response to your memo dated February 15, 2005 we have the following concerns about this site plan; the Planning Board (PB) staff has reviewed the site plan and offer the following comments: 1. The PB is currently reviewing a site plan application dated February 7, 2005. Attached is a copy of the site plan application for you review. 2. This application will require the following before approval from the PB: Southold (S) Building Inspector certification, S. Town Engineers, S. Fire District and Architectural Review Committee. 3. The existing construction has site plan approval from the PB dated 8/12/02 and recently received a satisfaction letter dated 01/97/04. See the attached letter. 4. The P.B. staff performed a preliminary review of the site plan and is not aware of any issues at this time. We hope these comments will be useful to the ZBA in its review of this appeal. Thank you in advance. Cc: file, pb • Moo + L•A,,NNING BOARD MEMB , 3 ,0 ' SUFFOtit i�,• �,, • Cl Town Hall, 53095 Main Road I3ENNETT ORLOWSKI,JR. O • ✓ Chairman � _ • P.O.Box 1179 - Southold, New York 11971 WILLIAM J. CREMERS w Fax (516) 765-3136 KENNETH L.EDWARDS A► GEORGE RITCHIE LATHAM,JR. ��O4e#, 1� Telephone(516) 765-1938 V. RICHARD G.WARD 0too Date Received -- - Date Completed PLANNING BOARD OFFICE Filing Fee TOWN OF SOUTHOLD APPLICATION FOR CONSIDERATION OF A SITE PLAN New e /s's-3/ Change of Use C / Re-use Extension % �31S y� ✓ Revision of Approved Site Plan Name of Business or Site: LIN Cellular Communications- Cutchogue SCTM#: 1000- 96 - 1 - 19.1 Location: North side of Rte 48, West of Cox Lane Address: 21855 County Road 48, Cutchogue LIN Cellular Communications (NY) LLC, Name of Applicant: successor in interest to Cellular Telephone Company Address of Applicant: 333 Crossways Park Drive, Woodbury, NY 11797 Telephone: Contact person respondsible - Owner of Land: Arthur V. Junge Agent or Person responsible (Attorney for Applicant) for application: Munley, Meade, Nielsen & Re- Lawrence C. Re Address: 36 North New York Avenue, Huntington, NY 11743 Telephone: 631-425-4100 Fax: 631-425-4104 Site plans prepared by: Infinigy Engineering 7-7 License No. PE: 069867 Address: 99 Pine Street, Albany, NY JAN 1 8 2005 Telephone: (518) 434-2288 . 4 Y • t Page 2 Planning Board Site Plan Application • APPLICANTS AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK Joseph Sweet being duly sworn, deposes and says that he resides at c/o 333 Crossways Park Drive, Woodbury, New York 11797 an officer of the lessee in the State of New York, and that he is My, of the above property, or that he is the LIN Cellular Communications (NY) LLC, of the successor in interest to Cellular Telephone Company (Title) (Specify whether Partnership or Corp.) which is hereby making application; that there are no existing structures or Improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, Including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be Installed In strict accordance with the plans submitted. Signed Lill Cellular •mmun. . ions (NY) LLC, successor in interest to Cellular Telephone Company SIgnedB k a. Ai. •cant/Owner' s Agent Sworn to me this .?SZday of �� 1,/ 4 . (Notary Pu., ' — -. LAWENCE C. RE' Notary P blic,State of ew York No. 52-479.9664 Commission Expi es May 31,�N11' / 9 Page 3 Planning Board Site Plan Application 1.04 Total Land Area of Site (acres or square feet) L I Zoning District Commercial Existing Use of Site Auto Repair Shop RI Telecommunicationsfacility Proposed Uses on Site. Show all uses proposed and existing. Indicate wfllcn buiding will have which use. If more than one use Is proposed per building, indicate square footage of floor area that will be reserved per use. 1 Story Metal Building (Existing) Auto Repair Shop 1 Story Masonry/Building (Existing) Telecommunications equipment Monopole- 100 feet (Existing) Telecomrnunirations Facility Fenced enclosure with Telecommunications Equipment Gross Floor Area of Existing Structure(s) 5152 FT Gross Floor Area of Proposed Structure(s)185 SQ FT ( 10 X 18'6") Percent of Lot Coverage by Building(s) 11.79% Percent of Lot for Parking (where applicable) N/A (Paving 32.6% - 14859.4 SQ FT) Percent of Lot for Landscaping (where applicable) 19% (8530.5 SQ FT) Has applicant been granted a variance and/or special exception by Board of Appeals- Case # & date #5127/2002, #5232/2003, #4058, #4062 Board of Trustees- Case # & date NY State Department of Environmental Conservation - Case # & date Suffolk County Department Health Services - Case # & date Case Number VO c ', 9&& 2- Name Name of Applicant N yMi x Date of Decision i.1j . j 9 Expiration Date Other rip Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? If so, have proper permits been obtained? — Name of issuing agency Number and date of permit issued. NO ACTION(EXCAVATION OR CONSTRUCTION)MAYBE UNDERTAKEN UNTIL APPROVAL OF SITE PLAN BY PLANNING BOARD. VIOLATORS ARE SUBJECT TO PROSECUTION, V APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers 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:LIN Cellular Communications (NY) LLC, successor in interest to Cellular (Last name,first name,middle initial,unless you are applying in the name Telephone Company 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 X 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* 1.y orNAvk r-1 ?Nei Signature: .11,E An,V 4 Print Name: '`"Soyzgv\ ( SWQ�t v . ��F.ice. ,,i''vg�FFO(,� -- MAILING ADDRESS: �� 0 CD= PLANNING BOARD MEMBERS P.O.1/07 Gy�` Box 1179 JERILYN B.WOODHOUSE it C , Southold, NY 11971 Chair ym i ‘`%? ' �y Ti OFFICE LOCATION: RICHARD CAGGIANO % ' - '' �, Town Hall Annex WILLIAM J.CREMERS �'*0 ' /4'9,,s0. ��, 54375 State Route 25 KENNETH L.EDWARDS \- '� * ,•' (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR .0° Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE January 11, 2005 TOWN OF SOUTHOLD Mr. George Obsuth Construction Project Manager Nextel Communications Two Industrial Avenue Fairfield, NJ 07004 Re: Site Inspection of Nextel Communications County Road 48, Cutchogue, NY SCTM# 1000-96.-1-19.1 • Dear Mr. O 4 uth, This is to inform you that our staff performed a site inspection on January 7, 2005 of the site plan approved on August 12, 2002. In reference to the above, this is to inform you that the site plan requirements have been satisfied. This letter does not condone any changes from the approved site plan and approvals from other agencies if required. If there are any questions you can contact Bruno Semon at(631) 765-1938 x5019 between the hours of 8:00 a.m. and 4:00 p.m. Respectfully yours, / Jerilyn B. Woodhouse Southold Town Planning Chair CC:file Building Department Air MUNLEY, MEADE, NIELSEN & RE PG- ATTORNEYS AT LAW REPLY To: 0 REPLY To: 160 MIDDLE NECK ROAD 36 NORTH NEW YORK AVENUE GREAT NECK,NEw YORK 11021 HUNTINGTON,NEw YORK 11743 (516)487-6500 (631)425-4100 TELECOPIER TELECOPIER (516)487-6539 (631)425-4104 February 28, 2005 VIA UPS Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 New Cingular Wireless PCS, LLC Applicati6n to the Town of Southold Zoning Board of Appeals Premises: 21855 County Road 48 Cutchogue,NY SCTM#: 1000-96-1-19.1 Ladies/Gentlemen: With regard to the captioned application, we enclose herewith, the returned certified mail green card receipts. This will serve to supplement our previous correspondence of February 14, 2005. (A copy of which is attached hereto). Very truly yours, MUNLEY, MEADE, NIELSEN&RE - By: Lau revtc&C. ge/ Lawrence C. Re LCR/cp Enclosures , ;+, MAO ^ 2 2005 SENDER: COMPLETE THIS SECTION e u•l4r4Fr.uS:fxtrr.Ucvviagi►ian- • Complete items 1,2,and 3.Also complete A. Signatu : - s CDC. item 4 if Restricted Delivery is desired. / �� ❑A•. _.6 • Print your name and address on the reverse x ,,,` J ,AU.,.. ❑Addr,�--e so that we can return the card to you. ,v d by(Pri d Na i 647. AO Del rety • Attach this card to the back of the mailpiece, � tAi & ) 9 or on the front if space permits. 1. Article Addressed to: D. Is delivery address differAt fro . ElY If YES,enter delivery address .tis No Christopher Mohr 1425 Jacobs Lane Southold, NY 11935 3. Service Type El Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service lab 7003 3110 0001 1516 4 614 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-nn-1940 UNITED STATES POSTAL SERVICE First-Class MaQ£��u I Sd 111111 Postage&Fee min USPS e{sueii) Permit No.G-10�EI: �V • Sender: Please print your name, address, and ZIP+4 in this box • MUNLEY, MEADE,NIELSEN&RE 36 North New York Avenue Huntington, New York 11743 - 1 • . •MPLE E THI •l <•Zilh1:7114 WITIMIx•116,ref 1041114:r ■ Complete items 1,2,and 3.Also complete A. 37=tura item 4 if Restricted Delivery is desired. 'iJ ElAgent • Print your name and address on the reverse �7/ i�_=_ _ -ssee so that we can return the card to you. . -•ceived by(P. , .. Date. Ielivery IN Attach this card to the back of the mailpiece, i or on the front if space permits. .i ...,-' h it 1 A. 1. Article Addressed to: D. Is delivery address different froWitem 1? 0 Yes If YES,enter delivery addreSs'below: ( E1 No Town of Southold �;' C/o Town Clerk 53095 Main Road ' is P.O. Box 1179 Southold,, NY 11791-0959 3. Service Type CXI Certified Mail 0 Express Mall ❑Registered 0 Retum Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes vticid Number'r from service label) 7003 311 0 0001 151 6 4645 1-A r^rm..'Z11,February 2004 Domestic Return Receipt 1o2595-o2-M-15, 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 • MUNI EY, MEADE, NIELSEN &RE 36 North New York Avenue Huntington, New York 11743 t1- )ba-R- i,,,II„,Ill,,,i,i„I„I1,,,1,I,,,f1,il.„I„11,1„I,i,,,,11,1 ZONING BOARD OF APPEALS T TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF New Cingular Wireless ,PCS.,.LLC MAILINGS (Name of Applicants) CTM Parcel#1000- - - 31r'I� X 1 oSf COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Christine Pepperman residing at Kings Park ,New York,being duly sworn, depose and say that: On the 14 day of February , , I personally mailed at the United States Post Office in H a l es i to ,New York,by CERTIFIED MAIL,RETURN RECEIPT REQUESIED, 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 s”et, or vehicular right-of-way of record, surrounding the applicant's property. , By:aQ9 i at Christine( peure)l vrmafn Sworn to before me this `/ day of f (4 , 200 5 JACALYN R. FLEMING Notary Public, State of New York No. 02FL6098303 / A Qualffied,in Suffolk Cou otary Public) Commission ExpiresSeptember OR, 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. U.S. Postal ServiceTM '11 CERTIFIED MAILTM RECEIPT = ' \ (Domestic Mail Only;No Insurance Coverage Provided) = _ For delivery information visit our website at www.usps.come' 1-9 0 FFFICOAL USE Ln r9 " Postage $ _ , Certified Fee 611/ 3 0 0 — „ (...... Posta %---:‘ Return Rectept Fee cn HereiTZ rn (Endorsement Required) /, /7 -0 Z D Restricted Delivery Fee C-D t".4. ..)- r9 (Endorsement Required) V RI0 Total Postage&Fees $ cl,(-/g..... rn G ent To f D Towrl al-Sook-hbAd C 0 100.)A CleAr4.. N -06fterpgBA:N160.4 -_,3Dq5 Ncvq, eocct_____? eDuon'' ,..., c''''''z'ao. - (Ar) (ri f 1 -o9q PS Form 3800,June 2002 See Reverse for InstructiOr S U.S. Postal ServiceTM ' CERTIFIED MAILTM RECEIPT .11 (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® ul 5 0 L USE Postage $ i 3--) Q Certified Fee a 0 :of oste P �, �J Q Return Reclept Fee (Endorsement Required) I- S Restricted Delivery Fee y I—I (Endorsement Required) 1-9 MTotal Postage&Fees $ 1 d\ 67.0r= M D Sent To or PO Box No. I�� ..._ h� - City,State,ZIP- h0 aI PS Form 3800,June 2002 t< V See Reverse for Instructions U.S. Postal Service,. I'z CERTIFIED MAILTM RECEIPT ...0 (Domestic Mail Only;No Insurance Coverage Provided) For delivery information Visit our website at www.usps.com® F - : AL USE Postage $ , 3- r1 ; ` � ti p Certified Fee 3 D .4, 0 , ., D Return Reclept Fee C CC Po (Endorsement Required) I 1 Ja m IMI Restricted Delivery Fee r I (Endorsement Required) eh c m $ I("J � r Total Postage&Fees £b L m CI Sent To CI afh N &root ifpN.; or PO Box No. a I y(�S______c q—1 _ 2 city,State,ZIP44 ^I )OL U x fa 1 \qJS PS Form 3800,June 2002 See Reverse for Instructions r f `l i L PROPERTY OWNERS Town of Southold, Tax Parcel No. 09600 0100 017003, 53895 Main road, Southold,NY 11971 Nathan&Jennie Harris,Tax Parcel No. 09600 0100 018003, 21855 CR 48, Cutchogue, NY 11935 Christopher Mohr, Tax Parcel No. 09600 0100 020001, 1425 Jacobs Lane, Southold,NY 11935 'C 1+ est 11aTI SEE SEG N0.084 —Z. LME MATCH z LME MATCH e. $ —ZZ— FOR PCL.NO. FOR PCL.NO. ? , 20,f4111 SEE SEC.N0. �f 444SEESEC.N0. 004-04-001 Rtr• 084-04-006.1 O CSI ,173 19• 0, os S +.y 4. 60. /`® R o ` ti yi TOWN OFA a f9J i...."' `a SOUTHOLD 4, o� b. ti @Ig2 8 8 2T l0 inlet-di—Ain it &GL1)2.“01 UJ° 14, r a a J 3g HBAPTIST4 I 0 T°q, 9240 44 S Op;s (O � s9 / 73 o 4.0 ,lam ' zi I_ I J.3 aR♦ '.e ® lR4 41:& 2O 9 1 4e @ 9 k� 7 .2 s'SF 9 36.OA O 4 1? 2 @ 0 d4• 7 $ TO co' kN o. -41 2 'y 2Br , �4�cr 4, e • P. (45 ' g y .4.-v 223 I 9 COUNTY OF SUFFOLK , 'a IDEVELOPLENT RIGHTS/ L.NO. OF$T PSGF'A0 4.. @ SEC.N0. )5-04-011Ty(� 13 _ F f 4} 23.1A 2 X69 '® 1. Rb 1. 93 4" '4r TOWN OF SOUTHOLD (DEVELOPMENT RIGHTS. 46 29 2q(c., A @ 6 's. e <4 44, 4,` Af ` 0 @ eT q9 12.1 ��4�1 Q.?p 4 r 10 34.8A(c) @ 04/ O ,� 0, y`a' 2 T4 , SACRED HEART CEMETERY 9 e . s ‘ea .0,. 3 r a (4, 4, a s a p. a 6. a (OWN comic CHURCH '4 H 7 1' {�� OF OM LOT OF OSTRAORAMA FOR PCL.N0. a, 12•2SEE SEC.N0. SEE d' F 6PCL. @ d QQ C 7.2Afc) 102-02-002.7 ,� loz-of-ootl MATCH LME MATCH �— LME ,[�`. SEE SEC.NO.102 7 �`S DEQCM A,Lot IA. RH AA LIAI ' SthoWE WMCI U. —-SDI— WA.t DAm:f LA. —-H—- UNLESS DRAWN OTHERWISE, ALL PROPERTWS S.M.mdBAy IA. (21) Dod(� O F.��y L. —-F—- Ref.Deht.L. ---R—- ARE WITHIN THE FOLLOWING DISTRICTS.SCHOOL 13 NOTICE , W.+r a u. T_ W.f�R meA I. —-■—- Wwvren.oIC L. —HST—- FRE AT NHypDRANT WAD MAINTENANCE,ALTERATION,SALE OR ;'q e uu.r RI...:.Os —- —- •—-•—- tcxr •s WATER DISTRIBUTION OF ANY PORTON OF THE _- w�n�o.re.u.—�-- P-.u.a .•slvTm WS�.FF,OI.K _.. TAX MAP IS PROHIBITED wEFl6c ; UT DIRTY P6RYSSn THE ••' RILL' T•%soon.•.Ver- V::. �. SEE SEC. N0.085 SEE SEC.NO.085 - _a> 4 / . / A 1VL__JLEY, MEADE, NIELSEN di E ATTORNEYS AT LAW REPLY To: 0 REPLY To: I1 160 MIDDLE NECK ROAD 36 NORTH NEW YORK AVENUE GREAT NECK, NEW YORK 11021 HUNTINOTON,NEW YORK 11743 (516)487-6500 " (631)425-4100 TELECOPIER / _ TELECOPIER (516)487-6539 (631)425-4104 February 14, 2005 VIA CERTIFIED RETURN RECEIPT REQUESTED RE: New Cingular Wireless PCS, LLC Application to the Town of Southold Zoning Board of Appeals Premises: 21855 County Road 48 Cutchogue,NY SCTM#: 1000-96-1-19.1 Dear Sir/Madam: Enclosed is the Legal Notice with respect to the public hearing scheduled on Thursday, March 3;2005 at 12:00 P.M. The public hearing relates to a proposal to install an equipment shelter building at less than 70 feet from the rear lot line at 21855 C.R. 48 (Middle Road) Cutchogue. A copy of the site plan showing the location of the proposed equipment is also enclosed. Should you have any questions with respect to the foregoing,please communicate with the undersigned. Very truly yours, MUNLEY,MEADE,NIELSEN&RE By: .Tacalyvv 2. f eAtifivt ' • Jacalyn R. Fleming JF/cp Enclosures a LOT 173 TOWN OF SOUTHOLD __ VI LOCATION AYE _---- . — Application for Special Use Permit 135'x23'LEASE AREA _ -- OO.E c *SO' ' D, N>;5-1-9' „. •- 1 by New Ci ngul ar Wireless PCS, LLC, a --- 188 1 =� _ ' *120' V' . - i Delaware limited liability companyf �i � successor-in-interest to LIN Cellular I t11R'_ __ Communications, LLC successor-in-interest ^� X51 ; I _ to Cellular Telephone Company' d/b/a i� AT&T Wireless APPROXIMATE LOCATION OF ' EXISTING LOT 201 EXISTING PROPERTY UNE(TYP) ;l PARKING 1 tiIN CHRISTOPHER MOHR Premises: 21855 County Road 48 ►� / . to• Cutchogue, New York �'� -� !� SCTM#: 96-1-19-1 =i r.,u.,---s r ; N i LOT 18 3 - i JENNIE HARRIS I', ' EXISTING a C y BUILDING u I I. _-- . �-E MING '1 I iPMKING� t J 1 52 L_— S-51fi917=W __ COUNTY ROAD 48 _ _- - -- D SITE PLAN 0/NORTH ea' so so SYMBOLS AND MATERIALS SITE LEGEND e DETAIL REFERENCE ---------- PROPERTY LINE x 0 x x FENCE UNE SECTIONS AND DETAILS © E _ ELECTRIC SERVICE I•• ,-I CONCRETE I TELEPHONE SERVICE �IL.1L=E11 1l jr EARTH --I= PROPOSED CONTOUR A Iie:le 1' GRAVEL/STONE so EXISTING CONTOUR i n f i n i g y CUTCHOGUE AT&T SITE PLAN P ENI8L1.Tengineering (.� SITE NO.LI-1027 ( 2101 B 10- RII 11-041I.VfgE FIVISO S KR GM PYP FNISie)112o39O 21655 COUNTRY ROAD AT&T WIRELESS SERVICES CUTCHOGUE,NY 11935 A P-28-04 ISSUED FOR IEV'ETACMIEM PHM Divi PYP 150-036 15 FAST MIDLAND AVENUE 40 HATE REVISIONS BY MK APP'C JOB/ SITE DRAWING NUYeEA REV PARAMUS,NJ 07652 scALE I0F9GNED ORAWx D 24897 NYCENY1027 COI 6 I 5 I 4 t 3 I 2 I 1 Cox , LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 3, 2005 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, MARCH 3,2005: 12:00 PM CINGULAR WIRELESS PCS, LLC (Site Owner: A. Junge) #5671. Request for a Variance under Section 100-165(C), based on the Building Department's December 15, 2004 Notice of Disapproval concerning a proposed equipment shelter building at less than 70 feet from the rear lot line, at 21855 C.R. 48 (Middle Road), Cutchogue; CTM 96-1-19.1. Zone: Light Industrial. 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: February 7,2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN , MUNLEY, MEADE, NIELSEN & RE ATTORNEYS AT LAW E-17 REPLY To:0 REPLY To: 160 MIDDLE NECK ROAD 36 NORTH NEW YORK AVENUE GREAT NECK,NEW YORK 11021 HUNTINGTON,NEW YORK 11743 (516)487-6500 (631)425-4100 TELECOPIER TELECOPIER (516)487-6539 (631)425-4104 February 14, 2005 VIA UPS Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 RE: Application of New Cingular Wireless For Special Use Permit Public Hearing to be Held March 3, 2005 Ladies/Gentlemen: On behalf of our client, New Cingular Wireless PCS, LLC we submit, herewith, the Affidavit of Mailing of Notices for the captioned public hearing, together with a list of the names and addresses of property owners, cover letter, legal notice, and a copy of the site plan and the required certificates of mailing for each recipient. Very truly yours, MUNLEY,MEADE, NIELSEN &RE By: Jc a4yvv E. Fl&snvvtcy . Jacalyn R. Fleming JF/cp Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK w. X In the Matter of the Application of AFFIDAVIT New Cingular Wireless PCS, LLC, OF SIGN f'a Delaware limited liability POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 96 - 1 - 19.1 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, John Dello-Iacono residing at 7 Saylor Place Huntington ,New York,being duly sworn, depose and say that: On the 23 day of February ,92005 , I personally placed the Town's official Poster,with the date of hearing and nature of my application noted thereon, securely upon nye+k e. 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 that dare of the subject hearing date,which hearing date was shown to be March 2, 20055 - ;L, .ture) Sworn to before me this 3 day of M Ctxe.A1 , 200 5— JACALYN R. FLEMING Notary Public, State of New Yolk No. 02FL6098303 .:. 'Commission in Suffolk County .�. Expires September 08,2007, of•W Public) *near the entrance or driveway entrance of my property,as the area most visible to passersby. 1 , '. 0 r - 1Q. '� .c ;.v ft Y s ' , _ 1 t r, 7.and g / 4- -', - • • s- :. ,,,-.. ,.. _ I,; .: rte`#'r 0s ' 1- 37 -s' ;tOlvaiti us ..i..;ii:k X€ " , ''''.**7',7•'-' .mom .err,- ,,",7'-'' ''',:5W;. '. , , OP.• • .-}ce ..Cilifelk/ , �F y� u If* i � _ M t f !' ! • e ,1 s � t�4a'' v".,y `, � ' 'ter.: . l 4 �.Y` I! 4 Y. �� r - ,,:-•! -ft. ;,,,,,F,:,::` e X16 s .a t:It? 1'µi! ': ,2 = ��ry4yy�w�,?�N.y 1�,.�'� -< .y iT��S�t X� y �+ . � j!� �` -,' ' FSOUTHOLD;'�I Nr ;te, �BOARD`.OF APPEAL'S`.,, - -",'r, Y MARCH _-t,i iti�. F°.IS:' ThinEREBY G � pursi3iip,toJSec;tion;, 6T COUNTY OF SUFFOLK ,.Q,_. .ofF�the 1idw.01,vi'„,ander apter STATE OF NEW YORK ' 20,i(Zo�ing)rtCode7of;.he:;fowii ss: ”,?: ie:h arings*.i, ,'folio. Jacqueline M. Dube, being duly sworn, Jie.hearihigs`vi)1 fli lI selin`y,'�the the ` that she is Legal Advertising rSO'C OLD,O A9M:P,- says QF APp Al ' Ali T° IT'If Coordinator, of the Traveler Watchman, 3095c l a i Road;,l`P;$ _ ox. apublic newspaper printed at Southold, =T1;' 9;{7,-5outholi1V:New : ork p ;r1I ,7 59; ,`fhurs�tay in Suffolk County; and that the notice of .,-.March-4;'`i2005;-0t 204,,e,-;-1.1m.0 annexed is a printed copy has noted�below:(o_ra,,,s09.Rf„,..- which the ann wnote as,;possible):��;_; ,*�.1�t..r; been published in said Traveler 9:30 s I=i_t; o once each week TOUL� 5646.:,(Gat yp el; Watc man fromC?Ur ) :Sdetd y�ii,' . for.........,..week(s) successively, from l/©r;pivo ed addittgnstiat commencing on the day of �1.035M; quavie A'enue, East 2005. ,fi,a :3,5.r AM. ® ::_,-,:4,','°W.-,--, AT:ICom#5659.-hiis;;a . /� �,�,�. 'Appeala's ie uestpi ersl: of the 'V Biiilding:4 .1 epattuierit's -'December` ;20 ;2Q04;Nntiee=rof ' : ,DIsapprovalg,*`concerning v.i,a request ifor. a:*Preexistisig.',Use• ;Certificate r r-f Occupancy lrfor ta. tivo.fanii'ly dwelling' use.=Th'e Swo to before me this 1 day of •reasons;st ed'iiih'.itsv�",denial!:i`s �� • ., 2005. r e sons state -1:B�and;'thdr•'code V -.requirement Vf.=for- ,,4'''',?Speci'al"-- I' '', z Except'i'on•, for a `to-family; dwelling, and Pre=CO Mattituck;CTM 142-1-4. ing dwelling,at 3500 Deep' -Zone:"Residential=0 ice. Inspection Report datzd - 10:10 AM EDWARD F. Drive, Matti CTM 115-17- PCS, PM CII CU(S te ----�— rt VV--•'�� JENSEN #5657. Request for 44 9 & 00 10( d cAM mWILLIAM e as one tend Owr.WIRELESS A. FJ aria i #5671, November 10, 2004, indicating Variance under Section 100 the existing dwelling is listed as based - on the Building PATR�Cants request: Spec al Secgtion 100-165(C), based on a single-family dwelling. basedtment's November 9,2004 App ro- Location of Property: 46925 Notice of Disapproval, 1, cone addition at 71B Exceptions for approval December d15, 2004 Department's tof ce under r Main Road, Southold; CTM 69- ing a propose porch 5 1¢. less than 35 feet from the front futtre Aps- entA2 within a 500 dosed equipment shelter build- less AM MICHAEL and lot line, at 440 Sunset Way, sq. ft. of office floor area, as an mg at less than 70 feet from the KAREN CATAPANO #5656 Southold; CTM 91-1-8. tive Middle Road), Cutchogue; (Mr AREN Mrs.V. Pust, Owners). 10:15 AM JNORTH5Request alterna d ng (firsthfloor),pend 1(b) (ear lot line, at ,2C.R. 48 Request •for Variances concern- REALTY, INC q inuest g'a proposed'fano stand on for a Varianceon the Section Building based Variance orider StobenB100-33,d USA a6:1-19.1. Zone: Light this 4.99 acre parcel,instanjunc 100-92, ba tion with a proposed goat farm, Department's November 29, Departments October 8, 2004 12:15 PM CURTIS and based barn,'storage, cheese processing 2004 Notice of Disapprevva.t Jantuary 14e of , 2004, for theelocadea forVariancesems under Sections facility, milking:room°based;on concerning a building p Boulevard lication concerning proposed tioe�of the accessoryogarage on�the BuildingA and Department's a �s ft. p1Lto s May 14 2003 Notice of 2 1 ,Laurel; CTM 126-5- q m size and less 100-243A and.100-31A van- Disapproval, amended October than 250 feet of depth in this ances are re uested to construct 13, 2004. The reasons stated it 10:00 AM DAWN RYAN'and proposed new division of land. a proposed second-storyaddi- 1 the disapproval are that the ro• STEVEN KRAMER #5664. Location of Property: 1960 Gull tion. The reason statein the, posed ouch reconstruction enc Request for Variances" under Pond Lane,Greenport;CTM 35- disapproval is that there is more s-builtt rear deck addition wil Sections 100-33,Variances 2A,and 3-12.9,consisting of 81,913 sq. than one dwelling on this 5.9- ' be less than 35 feet from the rea 100-244B„ based- 'on the ft. -(formerly CTM 12.6 and acre lot, (Kimogenor Point). and front lot lines. Location 0 d 12.7):Zone:Residential R80. Location of Property: 50!! Property: Greenwood Road Building Department's November 23; 2004 Notice of 10:45 AM ELIZABETH Jackson Street New Suffolk; ,' Fishers Island; CTM 12-1-13.3 Disapproval, amended WELCH and MERCELO CTM 116-6-24.1. December 29, 2004, concerningGUIDOLI#5666. Request for a 11:30 AM , i The Board, ri Appeals wr proposed addition with alter- ations Variance under Section 100- CDR MATTI- hear all persons, or their repre 242A andV 100-244,based on the a Reversal #5673.Request for at each h desiring to bat hear to'an existing accessoryReversal of the Buildin at each hearing, and/or desir Building Department's October Department's g! 1 garage which will increase the 5,2004 Notice m Disapproval, degree of nonconformance,with January 6, 2005 before submit written statement amended December 28, 2004, ing an as-built living area which s I' hearing. Each hearing will nt setbacks at-less than five(5)feet concerning a•proposed porch has been deemed as a second E from 'the side lot line and. less than 40 feet from the front lot addition, -for the reason'thht the dwelling unit, a non-permitted q1 i start above.earlier Files area availablen 'e line, at 165--Bungalow Lane, new' construction -will increase use under ZoningCode Section` review duringregular busine line,Mattituck; CTM 123-3-4.1. - the degree of nonconformance 100-30A.2 at 1,8StanleyRoad �r hours. If yohave questton 10:05 AM ALFRED and with a front yard setback at less Mattituck; CTM 'i GLORIA GIARDELLO#5660. than 35 feet and lot coverage Zone:. 106-8-18.n please do not hesitate to c� Request for a Variance under exceeding the code limitation of R-40 Residential. • S (631)765-1809. Section 100-244 based on the 20%, at 230 Vincent Street, KESTLER,5 M FRANCES A. Dated:February 7,2005 Building Department's Orient; CTM 25-3-14. DDS #5675. '-is-,, BOARD OF APPEAL November 3, 2004 Notice of 1'0:50 AM FRANK MAR- Request for a Variance under RUTH D. OLIVA,CHAT TORANA#5650. Request fora Building Department'sSection 100-72 dJanuaryBy WOMA Disapproval concerning a pro- Variance under Section 100- Linda Kowal: posed p new dwelling, after 244B based on the Building14, 2005 Notice of Disapproval, 1X 2/17/05 (5; demolishing the existing Department's July 29, 2004 dwelling, with less than 35 feet amended February 2atio con- from the front lot line and lot Notice of Disapproval, amended handicng proposed alterations and coverage exceeding October 13, 2004, concernin a handicap platform addition o g the code proposed new of less which will be less than 50 feet limitation of 20%, on this 7,160 dwelling from the front lot line, at 11535 sq. ft. lot, at 165 Walnut Place, than 35 feet from the front lot Main Road (and Pacific Street), line, after demolishing the exist- Mattituck; CTM 142-2-16. APPEALS BOARD MEMBE.- , P.O. Box 1179 Ruth D. Oliva, Chairwoman Southold, NY 11971-0959 Gerard P. Goehringer Tel. (631)765-1809 Vincent Orlando ZB Fax(631)765-9064 James Dinizio Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, Chairwoman, Zoning Board of Appeals DATE: February 15, 2005 SUBJECT: Coordination for Reply/Comments The ZBA is reviewing the following application, advertised for a March 3, 2005 public hearing. Enclosed are copies of the Building Inspector's Notices of Disapproval and map submitted with the variance application. The Planning Board may be involved regarding reviews under the zoning code regulations, and your comments are requested at this time. The file is available for review of additional documentation at your convenience. • NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATED CINGULAR 96-1-19.1 #5671 12/15/04 32+-ft. rear Site map Infinigy WIRELESS LI Zone setback for upd. Engineering (Junge equipment 1/10/05 site) shelter structure. Your comments are appreciated by February 28, 2005.. Thank you. t • • APPEALS BOARD MEMBERS ' „�' or, $ �( - ��', G Co , Southold Town Hall 1. -'Lydia A.Tortora, Chairwoman 1 53095 Main Road Gerard P. Goehringer ; y P.O.Box 1179 • i George Homing ;d �� Southold,New York 11971-0959 ; � �o� ZBA Fax(631)765-9064 Ruth D.Oliva, '1! ► `°• ; Vincent Orlando = ;�''� Telephone(631)765-1809 , " http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED , TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 20,2003 APR 2 2003 Appl. No. 5232—Omnipoint(Owner. A. Junge) Property Location: 21855 C.R. 48, Cutchogue; Parcel 1000-96-1-19.1 Southold Town C eft( 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 property contains an area of 14,859 sq. ft. and is.improved with a one-"story metal building (auto repair shop), one-story masonry building, an existing telecommunications monopole structure located in the rear yard. BASIS OF APPLICATION: Building Department's September 19, 2002 Notice of Disapproval, denyinga permit under Section 100-165C to install public utility equipment with a rear yard setback of less than 70 feet in this Light Industrial Zone District. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 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: A Variance is requested under Section 1007 165C to install an equipment building with a rear yard setback at 7'2" from the rear property line. The proposed building is 10 x 17 ft. in size and will be enclosed in a chain- link fence compound, as shown on the August 4, 2001 survey prepared by Barrett, Bonacci and Van Weele, P. C. and site plan prepared by William F. Collins, AIA. 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 Telecommunications Law requires co-location on existing towers. This property contains an existing tower. The applicant proposes to co-locate an antenna in accordance with the existing law. The need for an equipment shelter building is in support of the co-location. The existing Telecommunications Tower sits approximately 41 feet to the rear property line, and there is a need for this building to be as close to the tower as possible. The applicant requests a variance to allow him to place the storage building 7 feet 2 inches from the southwest LEGAL NOTICE • SOUTHOLD TOWN BOARD OF APPEALS •• THURSDAY, JANUARY 16, 2003 PUBLIC HEARING 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,. Southold, New York 11971, on Thursday, January 16,.2003, at the time noted below(or.as soon"thereafter as pgs'sible); 11:10 a.m. Apple. No.;5232-Omnipoiht Communications (Owner: Junge). This is a ,request for a 'Variance under Section 100-165C, based upon the Building Department's September 19, 2002 Notice of Disapproval, for the proposed installation of ;eqUiprhent .related to a public utility wireless• communications antenna, to•be•affixed on an existing monopole, at 21855 C.R. 48, Cutchogue; Parcel 1000-96-1-19.1. 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 testing will not start earlier than designated above. Files are available !for review dining regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 • (tel. 631-765-1809) • • • NOTE' INFORMATION 1SHOWN HEREIN 15 BASED UPON A SURVEY PREPARED BY: BARRETT. BONACCI & VAN WFF1 F, P C. CIVIL/ENGINEERS/SURVEYORS/ PLANNERS, 175A COMMERCE DRIVE HAUPPAUGE, N.Y, 11788 (631) 435-1022 (ON AUGUST 4, 2001 PROJECT NO: A010670) EXISTING FENCED COMPOUND �0�6 EXISTING MONOPOLE_ `. c&V EXISTING TREE LINE. ` /7"'',...- •.\ FUTURE NEXTEL EQUIPMENT BY NEW OMNIPOINI' / / \ • s-.. ' ' . OTHERS. COMMUNICATIONS EQUIPMENT i �/ / • , ,I,ITHIN NEW CHAINLINK // • -' • 0 FENCE COMPOUND: SEE / r / •`\ �'r� ENLARGED EQUIP. PLAN ON r SHEET A--3. Nf' / % / �` �`N. ��F (SECTOR •C' ,/j/ c` `/,/./ /� •� 046 v 270• /r/I .� ,/ ! • " : N.. J �/r ,r r Z``�i/ 1 , ' N ,�N. N. i / PROPERTY UNE. / f <33. •\ 2 f fI , EXISTING DRYWELL. \�.\`` / // LANDSCAPE AREAtif 7// EXISTING UNDERGROUND DRAINAGE PIPING.'`` `N.. /� / / 1 / /A/ J ( ASPHALT PAVEMENT_. / 3 f / f di i \\\ �\\\ ! 7 0��.� /' /�—yam i 1 N.,..... , i /1).;,-..._� ,` \ / f j / EXISTING ELEC./ TELCO Ci ,`\. \`\�\ ,�� . rft fit/4 UNDERGROUND. �.. \ / / / ............ � \\\ \•�•� ' /, O \ \ / .,O b Jf 1/1 0 ¢ \w • l,, N.,,,.... \/` � / / S rep's %;.'N\, / ,P'$ .................. {o .4... . i my. 1 ` A , f v� / / d I CI 410 ARCHITECTURAL SITE PLAN I SCALE: 1" = 40' Nc 1 1. APPEALS BOARD MEMBERS 40 0004 Southold Town Hall Gerard P Goehringer, Chairman • 53095 Main Road Lydia A.Tortora ; coo P.O.Box 1179 George Horning 'it Southold,New York 11971-0959 • Ruth D. Oliva :. _ . ZBA Fax(631)765-9064 Vincent Orlando 494'. r' Telephone(631) 765-1809 �-'�,�' •,F,,..�' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2002 Appl.No.5127—NEXTEL (A. Junge,Owner) Property Location: 21855 C.R. 48 (Middle Road),Cutchogue Parcel: 96-1-19.1 SEORA 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 as a setback request. PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the north side of C.R. 48 in Cutchogue, with 45,589 sq. ft. of land area and road frontage of 168.17 ft. The property is immediately adjacent to the Landfill at the north side. To the west are residences, and to the east, vacant land. The property is located in the Light Industrial Zone District and improved with an existing Telecommunications Tower, and business buildings. BASIS OF APPLICATION: Building Department's March 6, 2002,Amended March 11, 2002 Notice of Disapproval denying a permit to construct'an equipment shelter (storage building) for the reason that the building is proposed in a location at less than 70 feet from the rear property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 25, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REOUESTED: Applicant's request a location of a proposed 12'8" x 20'8" equipment shelter building at *f tram the rear property line. This shelter building is shown pe at the northwest section of the pr ak near the existing one-story masonry building and existing monopole 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 area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The Telecommunications Law requires co-location on existing towers. This property contains an existing tower, and applicant's proposed a co-locate of an antenna in accordance with the codes. The need for an equipment shelter building is in support of the co- location. The existing Telecommunications Tower sits approximately 41 feet to the rear property line, and there is a need for this building to be as close to the tower as possible. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of environmental constraints and because the proposed location is the most beneficial to the applicants and the neighborhood. The requested variance is not /t ° m c \ 1 Page 2—July 25,2002 -.• ZI3A AppI.No.5127—Nextel 96-1-19.1 at Cutchogue Unreasonable and is within keeping of the many regulations pertaining to public utility uses and transmission towers. 3. The area variance is not substantial, will be one-story in height, and exceeds the setback requirements which apply to similar types and designs of accessory storage structures in this and all other zone districts. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district No evidence has been submitted to suggest the new location of the equipment shelter structure will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The applicant will provide landscaping for buffering, to screen outside of the fence area. The Board suggests five-foot arborvitae, planted four feet apart, to be continuously maintained. However, the Board reserves the right to review this buffering layout if screening is not adequately followed by applicant relative to this particular area. 5. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new accessory equipment shelter, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. BOAR ) RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Chairman Goehringer, and duly carried,to: GRANT the variance as applied for, and shown on the site plan drawings SP-land SP-2 dated 5/22/01, revised 8/22/01.,by William F. Collins,A.I.A. 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: • i ers r,oe ', !er (C ;•- an), Tortora, Horning, and Orlando. (Member Oliva was absent.) ' is Res io as d 110.1 • g (4-0). GG:lk •/4111 - ' 'erard P. Goehringer,Chairm RECEIVED AND XD. BY THE SO n-T lW CLERK DATE E42/oma HOUR a M 'ovvncrier lc, 'own of Southold 2 ..v APPEALS BOARD MEMBERS 5 FFOL SCOTT'L.HARRIS •� eo Supervisor F.Goehringer,Chairman �� ' ' Charles Grigonis,Jr. q - Town Hall,53095 Main ain Roadyen,Jr. , - : ; P.O.Box 1179 • James Dinizio,Jr, c��- k,•..,1• , Southold,New York 11971 • Robert A.Villa ''� �..~�:< f • --Zell� ��' Fax(516)765-1823 Telephone(516)765-1809 ,� �,,v ' Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOTJTHOL])• • ACTION Or THE BOARD Appl. No. 4062. NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Request for Special Exception approval- under Article XIV, Section' 100-141B(11 for permission to establish public utility use and construct monopole radio tower and accessory equipment-storage building. Zone District: Light Industrial (LI) . Location of Property: 21855 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-1-19.1. WHEREAS, after due notice, a public hearing was •held on October 24, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the' Board has .carefully considered all testimony • and documentation submitted concerning this application; and. • WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board• made the following findings of fact and determination: 1. The premises in question is located in the Light Industrial (LI) Zone District in the Hamlet of Cutchogue; Town . of Southold, and is more particularly identified as County Tax . Map District 1000, Section 96, Block 1, Lot 19.1. 2. The subject parcel contains a total area of 1.04 acres (or 45,589 sq. ft. ) with a frontage of 168 feet along the north side of County Route 48 and a lot depth of 252+- feet. This parcel is improved with an existing building and uses which were the subject of a conditional approval by the Board of Appeals • under Appl. No. 3835 rendered April 27, 1989 and Appl. No. 3705 rendered March 3, 1988 (Arthur L. Junge, Inc. )', as well as site plan approval by• the Southold Town Planning Board. 3. By this application, ,a Special Exception is .requested for ". . .construction of an equipment building and monopole for cellular mobile communications. . .",- both of which are public Page 2 - Novembei .�`, 1991 Matter of NYNEX/ARTHUR JUNGE, INC. Decision Rendered November 21, 1991 utility structures providing a public telephone communications service. 4. Reference is made to the following documents and site plan information submitted for the record: (a) Certificate of Occupancy #217295 issued by the Building Inspector on September 13, 1988 has been provided for the existing electric shop of Arthur V. 'lunge and building. (b) Certificate of Occupancy #218981 issued by the Building Inspector on April 23, 1990 has been provided for a wholesale bakery and in the existing light industrial building to Local Talent, Inc. (c) the proposed equipment storage building and tower structure will be unmanned, not requiring active daily parking for on-site personnel or customers related to this use. (d) an existing tree line is shown along or very near the northerly and southerly lines the property; pine-tree screening shall be along the westerly property line. (e) -also proposed a stockade fence along the northerly and easterlysections of the proposed radio equipment storage building; (f) other site plan elements will be provided as may be determined by the Planning Board under its simultaneously pending site plan application {see PB letter of 11/7/91} . (g) New York SMSA Limited Partnership and NYNEX-have furnished information for the record concerning its licensing as a public utility to_provide cellular radio transmission serving to its full extent the public interest, convenience and necessity as per written consent and order authorized by the N.Y.S. Public Service Commission, Federal Communications Commission, which includes limitation on the Effective Radiated Power for mobile transmitters up to 7 watts, and' output power for mobile transmitters up to 60 watts. It is also not permitted to be assigned or transferred to any person, firm, company, or corporation without the written consent of the 'Commission, and it is understood that upon any future proposal of this applicant or owner(s). to transfer or assign this authorization, subsequent application to this Board must be filed for consideration. 5. Also noted are the following data: • Page 3 Novembe] - -- i 1991 • Matter of NYNEX/ARTFtJR JUNGE, INC: becision' Rendered November 21, 19.91 63) cellular communication systems must operate through a network of cell sites, the first for this applicant in the Town of Southold at the subject premises in Cutchogue. (b) this cell site' has two principal components, a 12' by 26 ft. structure for computer equipment storage, and transmitting/receiving antenna-tower structure, both of which are incidental and necessary to•operate a wire line telephone communications use. Thetopof the tower is 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the top. There would be two whip antennas that are 10 ft. above that, and one below. • (c) the tower and building are 'monitored seven days a week, 24 hours per day per FCC mandates, although it is unmanned physically at the site. (d) the tower and antenna are solely for use by this applicant/public utility and will not be rented or leased to any other corporation, person, firm or company. Also, it is expressly understood that no new cell, or expansion will be established, unless further application and approvals by this board and the. regulating commissions, on this site in order that appropriate criteria may be evaluated, including engineering data relative to wind pressures, wind loads and other safety considerations for such future utility expansion. (e) the tower and antenna shall not be constructed of steel lattice design, but shall be a monopole structure designed to withstand continuous wind loads in excess of 150 mph and wind peaks of 190 mph or more (sufficiently mounted with wires and brackets capable to support these pressures) . 6. Article XIII, Section 100-130 of the Light Industrial (LI) and Light Industrial-Office (LIO) Zoning Provisions authorize this type of telecommunications use by Special Exception. The use of this proposed monopole tower and accessory equipment storage building would include, to some extent, telephone exchanges. Although a telephone exchange is listed as a permitted use in the Light Industrial (LI) Zone District, this application for public utility structures and uses does require a special exception as provided by Article XIV, Section 100-141B(1) and •Article XIII, Section 100-131B( 4) for " . . . Public Utility Structures and uses. . _ ." The Special Exception provision is applicable to this proposed project, and has been filed and considered under this provision. 7 . In passing upon this application, the Board Members • have also considered Sections 100-264, subsections A through P, and have found and determined the following: Page 4 - Appl+ No{ ,'62 Matter of• NYNEX Mobile Communications/Junge 'Decision Rendered November 21, 1991 • (a) That the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b} That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district .wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; (c) That the safety, health, welfare,, comfort, convenience, or order of the town will not be adversely affected by the proposed use and its location; • (d) That the use will be in harmony with and will promote the general purposes and intent of this chapter; (e) That the use will be compatible with its • surroundings, with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance and the fact that the property is bounded on the north by the Town Landfill, south by a major dual-lane highway, and bounded by other properties also located in the Light-Industrial Zone District. NOW, THEREFORE, on motion by Mr.- Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the application for a Special Exception for the establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4062 in the Matter of NYNEX/ARTHUR V. JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, -winds pressures and other safety considerations for such expansion; 3 . No microwave dishes, as agreed by the applicants (none of which are proposed during the consideration of this Page 5 - A.ppl. No _ ::62 Matter of NYNEX Mobile CommunicationslJunge Decision Rendered November 21, 1991 application) ; 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND FROM VOTE) . This resolution was duly adopted. * lk • !) GERARD P. GOEHRINGER, CHAIRMAN SCOTT L. HARRIS "` • � . Town Hall, 53095 Main Road • p ; -s<, SUPERVISOR -`'ti" ` `��" , •,E P.O. Box 1179 Southold, New York 11971 •FAX(516)765- 1823 ' 1 TELEPHONE(516).765 - 1800 ` jai 41 • 0of ie �F �k '��. • ....•rr BOARD OF APPEALS : OFFICE OF THE HARD OF APPEALS Gerard P. Goehringer TOWN OF SOUTHOLD-- Chairman 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 4058: NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to construct monopole radio tower and accessory equipment-storage building with. insufficient side and rear yard setbacks. Zone District: Light Industrial (LI) . Location of Property: 21855 County Road 48, 'Cutchogue, NY; County Tax Map Parcel No. 1000-96-1-19.1. • WHEREAS, after due notice, a public hearing was held on October 24, 1991, and at said hearing all those who desired to be heard.were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, •the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Light Industrial (LI) Zone District in the Hamlet of Cutchogue, Town of Southold, and is more particularly identified as County Tax Map District 1000, Section 96, Block 1, Lot 19.1. 2. The subject premises consists of a total area of 1. 04 acres (or 45,598 sq. ft. ) with a frontage of 168 feet along the north side of County Route 48 and a lot depth of 252+- feet. This parcel is improved with an existing building and uses which were the subject of a conditional approval by the Board of Appeals under 'Appl. No. 3835 rendered April 27, 1989 and Appl. No. 3705 rendered March 3, 1988 (Arthur L. Junge, Inc. ) , as well as site plan approval by the Southold Town Planning Board. 3. By this application, reduced setbacks are requested: (a) from the northerly rear yard and westerly side yard at 14 feet and 24+- feet, respectively for -the 13 ' by 27' foundation • of the proposed accessory storage building, and (b) from the northerly rear yard at 39+- feet and from the westerly side yard at 21+- feet for, the foundation of the proposed monopole tower-- Page 2 - App1. No. - 8 Matter of NYNEX MOBIL COMMUNICATIONS Decision Rendered November 21, 1991 structure, all as more particularly shown on map of proposed site plan and details prepared by Richard E. Tangel, P.E. dated July 31, 1991. 4. The subject premises is located in the Light-Industrial (LI) Zone District, and the setbacks applicable are noted for a principal use structure at 70 from the rear property line and 20 for the side yard. 5. The following documentation and site .plan information are noted for reference and consideration: (a) an existing tree (screening) line is shown along or very near the northerly and southerly lines of the subject property; pine-tree screening must be located along the westerly property line, as shown on the site plan maps; (b) also proposed is a stockade fence along the northerly and easterly sections of the' proposed equipment storage building; (c) Certificates of Occupancy have been found of record for the existing uses as follows: ( 1) 4217295 issued on September 13, 1988 for the electric shop/building of Arthur V. :lunge; ( 2) 4Z18981 issued on April 23 , 1990 for a wholeale bakery and for Local Talent, Inc. in the existing • light-industrial building; (d) the proposed equipment storage building and tower structure will be unmanned, not requiring active daily parking for additional on-site personal or any increase of on-site customers related to the establishment of this public utility use; • (e) other site plan elements are to be placed as conditioned by the Planning Board under its simultaneously pending site plan application (see PB letter of 11/7/91) ; (f) New York SMSA Limited Partnership and NYNEX have furnished information for the record concernings its licensing as a public utility to provide cellular radio transmission serving to its full extent the public interest, convenience and necessary as per written consent and order authorized by the N.Y.S. Public Service Commission, Federal Communications Commission, etc. , which includes limitation on the Effective Radiated Power for mobile transmitters up to 7 watts, and output power for mobile transmitters up to 60 watts. It is also not permitted to be assigned or transferred to any person, firm, company, or corporation without the written consent of the Commission; and it is understood that upon any future proposal of this applicant or owner(s) to transfer or assign this • Page 3 - Appl. No: ;)58 Matter of NYNEX Mobile Communicat ;54i sj 'unge Rendered November -21•;Y'"1: 'J:1 Decision ` authorization, subsequent application to this Board must be filed for consideration. 6. Other relevant technical information considered in this project are also noted below for the record: (a) cellular communication systems must operate through a network of cell sites, the first for this applicant in the Town of Southold at the subject premises in Cutchogue. • (b) this cell site has two principal components, a 12' by 26 ft. (13 ' by 27' foundation) structure for computer equipment storage, and transmitting/receiving antenna-tower structure, both of which are incidental and necessary to operate a wire line telephone communications use. The top of the tower is 12 ft. equilateral triangle, 40 inches high, 36 inches at the base and 18 inches at the top. There would be two whip antennas that are 10 ft. above that, and one below. (c) the tower and building are monitored seven days a week, 24 hours per day per FCC mandates, although it is unmanned physically at the site. (d) the tower and antenna are solely for use by this applicant/public utility and will not be rented or leased to any other corporation, person, firm or company. Also, it is expressly understood that no new cell, or expansion will be established, unless further application and approvals by this board and the regulating commissions, on this site in order that appropriate criteria may be evaluated, including engineering data relative to wind pressures, wind loads and other 'safety considerations for such future utility expansion; (e) the design of the tower and antenna submitted is not a steel lattice design; this monopole structure must, however, be designed to withstand continuous wind loads in excess of 150 mph and wind peaks of 190 mph or more (sufficiently mounted with wires and brackets capable to support these pressures) . 7. This date, a Special Exception was conditionally approved by this Board concerning the applicant's request under Article XIII, Section 100-130 of the Light Industrial (LI) and Light Industrial-Office (LIO) Zoning Provisions for authorization to establish a telecommunications use by a public utility. Page 4 - Appy.. No. 40_8 Matter of NYNEX MOBILE COMMUNICATIONS Decision Rendered November 21, 1991 8. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the•essential character of the neighborhood and is the minimum necessary to afford relief under the circumstances; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than a variance (e) is uniquely related to the property and is not personal in nature; ( f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for the reduced setbacks requested and noted above on the first page, paragraph #3, in • the Matter of the Application of NYNEX MOBILE COMMUNICATIONS, SUBJECT TO THE FOLLOWING CONDITIONS: RESOLVED, that the application for a Special Exception for the establishment of a public utility for the construction of a cellular telephone communications tower and accessory equipment-storage building as applied under Appl. No. 4062 in the Matter of NYNEX/ARTHUR V: JUNGE, INC. , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No excessive (disturbing) noise levels; 2. No expansion or additional construction (with the exception of emergency, fire or police necessities which serve the safety, health, welfare, comfort, convenience and order to the town) , unless further application and approvals are obtained, and for which engineering certifications will be required concerning increased loads, winds pressures and other safety considerations for such expansion; 3. No microwave dishes, as• agreed by the applicants (none of which are proposed during the consideration of this application) ; • Page 5 - A ppl. No. ,i8 - - Matter of •NYNEX Moble Communication p/ tinge -•�� Decision Rendered November 21, 195 >T"' '' • • application•) ; • 4. No disturbing emissions of electrical discharges, light, vibration or noise, or harmful distribution levels of radiation, as agreed. 5. The setbacks shall be not less than that applied for and shown on the plan dated October 18, 1991 (Drawing No. 92-8012) prepared by Richard E. Tangel, P.E. , from the northerly - property line. . VOTE OF THE BOARD: AYES: MESSRS. GOEHRINGER, GRIGONIS, DOYEN AND VILLA. (MEMBER DINIZIO ABSTAINED FROM DISCUSSIONS AND • FROM VOTE) . This resolution was duly adopted. * * * * , * Zk _r Z GERARD P. GOEHRI TGER, CHAIRMAN aaE EIVED AND FLED BY THE SOUTHOLD TOWN CL' FK DATE 4:2434HOURF,,/'3�R� •Town. Clerk, Town" of Southold • f L4 4 p•IN # :.1z0.4 :i.. SON ai.n11:..NNic'Vfis ` 1 _ 166 Cli ld3g 69a! pfira3-Q3;3NaRtr4 4.1.29i . Iv\,aE zsQ '8- i -`3did;S?.. r~ r� ' ar1v-r 5. .'NNC .,�. • : 'S__$£ fiy.azir ----- ,Aziro 0L.S'Gd . ---. o•- ' �i'CS. - _ 1S Z nuua J L? 1 go valva __ *, I.e '70Qd5 �P_ auto; O1 • • M 8114 1 As- nmpb •qAf ti.,..„..., 1Pall 44 .fir4s , � s.1av� 1 '34'cs '�V..,'�Gi �w Cfi W..., i (f ,.t.„.,Ol mow, 1 rfr 3 AN ` acr .~ �� JO �v �� i EJB\ S[(f� --; , ,(! \ (l�1 t 1 '•1z.o f [ T.J rh / '1 1 iii•y..?.},•.„ .. r. ,n, �-r�..J .YJC‘ (.1.';',1,-4A2Ins 5/7, I f\Y ul gr.licr.11-4 oicr•ra"1,:101441 !Na A. 2.13dCl d G N ,� . Cy ' Gagc►aw-A ..-a•-••-- .„ - --''_- • -i- •.330 in Cori:las 3ytrlK:, 1 1 ( rb •'foi !!Ilii ," -!. 'µ\ `.✓1 , +1 -,i..172`,74R- Southold Town Boaris d of Appeals i _ yam';� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, ;,.1., N.Y. 11971 ~+ r TELEPHONE(51B)765-1809 • FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN • CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ACTION OF THE BOARD OF APPEALS JOSEPH H.SAWICKI JAMES DINIZIO,JR. Appl. No. 3835: Matter of the Application of ARTHUR V. JUNGE, INC. - Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment .of car repairs with outside storage and future occupancy of vacant building area at easterly side of building (said use to be a permitted use in this Zone District) . Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589+- sq. ft. in lot area. At a Meeting of the Zoning Board of Appeals held on April 27, 1989, the following action was taken: WHEREAS, ,a public hearing was held on April 13, 1989, under File No. 3835, filed March 10, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: • 1. By this application, applicant requests an Amendment to Special Exception Application No. 3705 to include establishment of car repairs with outside storage and future occupancy of vacant building (to be occupied with a use permitted in this Light Industrial Zone District) . Southold Town Board of Appeals -27, April 27, 1989 Special Meeting (Appl. No. 3835 - ARTHUR• V. JUNGE, INC, decision, continued: ) ' 2-. The property in question: • (a) contains a total lot area of 45,589 square feet and lot width (frontage} along the north side. of County Road 48 of 168.17 feet, in the Hamlet of Cutchogue; (b) is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, 19; • (c) is located in the Light Industrial Zone District, as re-designated January 10, 1989 ,under the new Master Plan revisions; (d) is bound on the northerly side by the Southold Town Landfill, on the west by a single-family dwelling now or formerly of J. Harris Estate, and on the east by vacant land now or formerly of Gray, all of which .is also located in the Light Industrial Zone District. 3. For the record, it is also noted that: (a). an Use. Variance was denied without prejudice under Appeal No. 3635 on August 20, 1987, when the premises was zoned "A" Residential and Agricultural; (b) a Change of Zone was granted by the Southold Town Board on December 15, 1987, re-zoning the premises from "A" Residential and Agricultural to "C-Light Industrial"; (c) a Special Exception for the construction and' occupancy of a 7,750 sq. ft. building was granted by the Board of Appeals on March 3, 1988 under Appl_ No. 3705; (d) ' the occupants of the building on or about January 1, 1989, are believed to be for the following uses: (1) contractor's business and shop; (2) vehicle-repair business and shop; (3) storage, parking and similar uses accessory and incidental to the established principal uses. 4. By this application, the property owner requests approval, as an amendment to the 1988 Special Exception approval: - (a) for the establishment of the vehicle repair business and shop occupying approximately one-third of the floor . area of the existing building (at the center thereof) and for Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) approval of outside storage of licensed vehicles, parked while under repair, with proper screening. The area of the proposed. vehicle parking (vehicles for repairs)' is that area directly in the rear yard, behind the building, with fencing and/or other screening around the periphery of the rear yard, including that area close to the northerly and easterly property lines, and squared off to the northeasterly corner of the rear of the building (if needed for reference, see subject storage area depicted in red on Drawing No. P-la dated March 10, 1987, submitted for consideration) ; (b) for occupancy of Bay t3 at the easterly third section of the building for a Special Exception use only as permitted under the Light Industrial Zone District regulations. It should be noted, however, that the Light Industrial (LI) Zone District provides for certain uses already provided in other zone districts listed on the previous pages of the Zoning Code {such as the "LIOtt Light-Industrial Office/Park, Section 100-131B(1-11) , "B" General Business, Section 100-101A{3-5} and B{5,7,10}, which includes warehouses, building material storage and sales, building contractors yards, cold storage plants, etc. ) . 5. Additionally, it is noted that Article XIV, Section 100-141, Subsection B(1) permits by Special Exception and site plan approval any special exception use set forth in and as regulated by Section 100-131B(1-11) of the Light Industrial Park/Planned Office Park Zone District. Subsection 10Q-131E{2} thereof provides by special exception and site plan approval: . . .Light industrial uses involving the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and. . .Such uses may include industrial operations such as electronic, machine parts and small component assembly.. . ." It is the opinion of the Board that based on the precedents concerning permitted light-industrial uses under the previous zoning code, and the fact that the vehicle repairs will be minor or include installation of (small) electronic or mechanic parts into the vehicles, that the use is similar to other permitted light industrial uses for the purposes of this Amendment and is of the same or similar nature of a light-industrial use. 0 \ y Southold Town .Board. of Appeals -4- April 27, 1989 Special Meeting (Appl. ,No. 3835 - ARTHUR V. JUNGE, INC. decision, continued: ) 6 . In considering this application, the Board also has: (a) considered Section 100-262 (General Standards) and Section 263 (Consideration) of the zoning code; (b) determined -the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; • (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use which was permitted by special exception application (with the exception of the formality of requiring a written amendment to the Special Exception in effect at the time of the filing of this application) • plan) ; (e) the applicant has had numerous applications before the Boards, and due to the timeliness during the procedures was not able to have the same finalized. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was • RESOLVED, to GRANT an Amendment to the Special Exception as requested (under Application No. 3835) in the Matter of ARTHUR V. JUNGE, INC. , SUBJECT TO THE FOLLOWING CONDITIONS: 1. Vehicles stored outside of the building must be licensed, in'tart, and located only in this screenod -in rearyard area; 2. Any extended storage area outside of the building will require re-application for re-consideration by the Board of Appeals; 3. The types of screening for the enclosure of the proposed outside vehicle storage area shall be designated at the discretion of the Planning Board under its site-plan regulations. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Absent, as agreed for this Special Meeting, was: Member Doyen of Fishers Island. ) This resolution was duly adopted. 00441coutvz* ,17,4441 lk GERARD P. GOEHRINGER, 48HAIRMAN SOUTHOLD TOWN BOARD OF APPEALS ` !ZONING BOARD OF APPEL,_-J "-------MAILING ADDRESS ani P\ACE OF HEARINGS: 53095 Main Road, Town Hall Building, Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road at Youngs Avenue, Southold Februaryel, 2005 Re: Chapter 58 — Public Notices for Thursday, March 3, 2005 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 Times Review newspaper. 1) Before FEBRUARY 141h: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone • number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area' or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and 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. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by FEBRUARY 14.t': please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. 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 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. 2) By FEBRUARY 23rd: Please. make arrangements to place.the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and kept in place till the hearing date. 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. Please also deliver your Affidavit of Posting at the meeting (or earlier if possible). If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. . . 'C'-;: l'14- - —InISs — ' - .:'i Town of-5-outhold 211k7 ._.. . ,.. .._ QRA" App. Name ()Tax'Map ' - :0'File No.- , ' rtf II s! - Search: - 7° 1 , [:]'Unliste 1' - - 'Board Member Vincent Orlando Hearing Time - 7 .' ,...,..._..........................._____I' File:Number:15671 [ Tax Map: 96 -1-19 1 App. Name: CINGULAR WIRELESS and ARTHUR JUNGE , , Received Date:1 1/18/051Tot. Fees: ' $40cr.op _,. . , Hamlet_JCutchogue "Type: Commercial ZoneJiii Date forwarded to Town Clerk ...- 71787gr-, ,Siatu$: New I Action: 11 '' Meeting Dates ' -:,,,Building , . „ Location: )21855 C.R. 48 Meeting.Date [3/3i/0gll ND Date 1. 12/15/04 .. 'Shit _:.•_: ., , . - .• Variance under 100-165C for equipment shelter 7 Hearing Date17370111 ND Date 21 L . building at less than 70 ft. from rear line. [ , Hearing Date 2 J-1 ND:Date.31 I ICopylg: l : ''• - • 1 I. Hearing'Date3. ND Date 47 I ' . ' Hearing Date 4-= ND Date 5 (New antenna does not require ZBA var). — . _ ____ . , .,. . Notes . l IllearingDate:5177-7ND:Date-5_ ,J1 \ k Action Date ,, 111111111‘NDDate7' [ vDeveloped theSoutholdTown'Data' DepartmentProcessing 111 /°5' '' 13:24171111--, NUM : ' • -_- , :., ' • by- ould g' ,-.7.7.--.- , ,r 473889 96 . -1-19 . 1 OWNER: -ARTHUR V Jftr,,E NUMBER# DATE TYPE CO # USE/DESCRIPTION 0/00/00 PERMIT i DISTRIBUTION FAILITY 0/00/00 PERMIT DISTRIBUTION FACILITIY 16.755 5/27/88 PERMIT 25582 VEHICLE REPAIR SHOP _ 18708 12/27/89 PERMIT 18981 N/D BAKERY B. P. #18708 INSTALL _ 20540 4/10/92 PERMIT 24388 ACCESSORY SHED & TOWER 29392 5/19/03 PERMIT ANTENNA/EQUIPMENT _ 29861 11/10/03 PERMIT TELECOMMUNICATION TOER _ 0/00/00 _ 0/00/00 _ 0/00/00 F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit II 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 APPLICANTS : LINGULAR WIRELESS PCS TAX MAP ID: 96-1 - 19 . 1 ZONE: LI REQUEST: VARIANCE - REAR SETBACK PROJECT: EQUIPMENT SHELTER BUILDING DATE/TIME : THURS. , MARCH 3rd_ 12 : 00 noon If you are interested in this project, you may review the Town file(s) prior to the hearing on business days between the hours of 8am and 3pm . ZONING BOARD •TOWN OF SOUTHOLD • 631 -765- 1809 PROJECT INFORMATION LOT 17.3 ,i----1----1 --'- GENERAL NOTES: LOCATION OF AWS TOWN OF SOUTHOLD "`�►== -- , ' f PROPERTY OWNER/ ARTHUR V. JUNGE 13.5'x23' LEASE AREA/ ;� 21565 COUNTY ROAD 48 - `--� - ✓' 1 . SITE PLAN INFORMATION WAS WAS BASED ON VARIOUS SOURCES SITE ADDRESS: 21855 COUNTY ROAD 48 COMPOUND EXTENSION ., ~ �,,_,� r^ ,,,,\,...„-A,..,„-^-_-,:--...'. , ' OF INFORMATION INCLUDING FIELD NOTES & MEASUREMENTS CUTCHOGUE, NY 11935 1- ±50' I PERFORMED BY INFINIGY ENGINEERING, PLLC OF NY. . _:i q--/002,:‘,..-- TOWER OWNER: CEP/F.' CROWN CASTLE J, __ � 1g8. N. v , y x ,, , ,, , „O\ 2. THIS PROPOSAL IS FOR AN UNMANNED TELECOMMUNICATIONS FACILITY ": 9-1 ;' 1200 MCARTHUR BLVD , x CONSISTING OF PANEL ANTENNAS MOUNTED TO AN EXISTING MONOPOLE, APR 1 4 2005 MAHWAH, NJ 14445 �_ �. - f'"""-�� ~" N = EXISTING COMPOUND PLACEMENT OF SMALL, WEATHERTIGHT RADIO EQUIPMENT CABINETS F-1,.„7-,1;;;;;);, i 3 ia�..£, FENCE WITHIN THE SUBJECT LEASEHOLD, AND ASSOCIATED APPURTENANCES. I1 .._ / tIt i0.1.7,i APPLICANT: ZONING BOARD OF APPEALS AT&T WIRELESS SERVICES 1 ±120 lorms1_.� _ ', I ;' 3. THE PROPOSED AT&T WIRELESS SERVICES FACILITY WILL BE UNMANNED AND 15 EAST MIDLAND AVENUE � s I PARAMUS, NJ 07652 r `'P;; _ j DOES NOT REQUIRE WATER OR SEWER SERVICE. TAX ID NUMBER: LOT 19.1, BLOCK 1 \::\ rri .7.',;\!, �. I. ! ,.�` 4. THE PROPOSED AT&T WIRELESS SERVICE FACILITY IS UNMANNED, AND IS NOT S.C.T.M. NO. 1000-096-1-19.1 ',,,,-'!-T-° .Y �-__ " ...I ( I � ., G, � � I INTENDED FOR HUMAN HABITATION AND THUS DOES NOT REQUIRE HANDICAP TOTAL LOT AREA: 45,589 SF = 1.04 ACRES I ±118' !/%"` --11"`;',,,--I �r m ACCESS. X 5. OCCUPANCY IS LIMITED TO PERIODIC MAINTENANCE AND INSPECTION LATITUDE (NAD 83): 41° 01' 46.6" __ _--__.._ - - ry'Xid m ±51 ' BY AT&T WIRELESS TECHNICIANS APPROXIMATELY (2) TIMES PER LONGITUDE (NAD 83): 72° 29' 50.3" ' � ) ( n ---- ry"" PROPOSED FENCE MONTH. JURISDICTION: TOWN OF SOUTHOLD .nIoo ( --- C '..�_...__._,_ .. I 6. NO STROBIC LIGHTING IS INCLUDED IN THIS PROPOSAL. CURRENT USE: COMMERCIAL �;'c •I . ' ND ' �N - ~ PROPOSED LA SCAPIN� LOT 20.1 7. NO NOISE, SMOKE, DUST OR ODOR WILL RESULT FROM PURPOSED USE: TELECOMMUNICATIONS FACILITY �1 ,- CHRISTOPHER MOHR THIS PROPOSAL. CURRENT ZONING: LI LIGHT INDUSTRIAL zI2 �... 22155 COUNTY ROAD 48 EXISTING LOT COVERAGE: ±24,555 SQ FT = 0.56 ACRES i C, ° ,' EXISTING ,``. �� 8. OUTDOOR STORAGE AND SOLID WASTE CONTAINERS ARE NOT PROPOSED. (INCLUDES ASPHALT AND CONCRETE) I C.^: rt PARKING I �, r t �I� 9. EXTERIOR SIGNS ARE NOT PROPOSED. ±6350 SQ FT = 0.15 ACRES ---- co.N 10. NO NEW ACCESS ROAD WILL BE REQUIRED UNDER THIS APPLICATION. (DOES NOT INCLUDE ASPHALT AND CONCRETE) \ 0 PROPOSED ADDITIONAL �, V10 11 . TOTAL AREA OF DISTURBANCE UNDER THIS PROPOSAL: 250 SF± LOT COVERAGE: ±270 SQ FT = 0.0062 ACRES I ~" 1 12. THE INCREASE IN STORM WATER RUNOFF DUE TO THE INCREASE IN EXISTING LANDSCAPED AREA: ±8675 SQ FT = 0.20 ACRES `' - - - - -- --- I IMPERVIOUS AREA IS INSIGNIFICANT. EXISTING DRAINAGE PATTERNS WILL < I NOT BE ALTERED. THEREFORE, DRAINAGE STRUCTURES ARE NOT PROPOSED. PR(��_ gVAM : '`� .0 r;i nT�s lt . :235 SQ FT = 0.0056 ACRES I APPROVAL SET F RTH IN TIME PI SO Tr71ON O APPROVAL.DATED I fit �,.,%TpZAR5--(<-‘142... YVZ,,,,, " rrEn.ts jC i'l�N� tWRE' ilog� �� ;;� r;r��%j" I 13. ALL CONSTRUCTION FOR SITE IMPROVEMENTS SHALL CONFORM TO APPLICABLE • LOT 18.3 , �, :T�% %'frr� °r, ;�rr,erTr:T �. .� ,. ,. _ I SPECIFICATIONS, STANDARDS, AND REQUIREMENTS OF THE GOVERNMENTAL ,, 1 ' ' i1 < , JENNIE HARRIS t ;�r �r%, �r�„ ;;;-:r��r o �_�_ .; -� ___, F I OR UTILITY AUTHORITIES HAVING JURISDICTION. Au-� 1;1: :�; y(3•Y,j:y�.a. �-rbTrE: PANTCOUNTY ROAD 48 I , �- c,� ;' `' ' 14. ALL EXISTING ACTIVE SEWER, WATER, GAS, ELECTRIC, AND OTHER . ....._._..�..._... .___..._l..i''r k':1.)'�' :'xr c�+,��,+'�' - ' til < ,. TONJOFSOUTHOLDPLANNINGBOAPJ) ;, EXISTING I UTILITIES WHERE ENCOUNTERED IN THE WORK, SHALL BE PROTECTED EXISTING METER CENTER r BUILDING ; I _ f _ _ �Rgl'>rardt?n,;:1rJ � ; AT ALL TIMES, AND WHERE REQUIRED FOR THE PROPER EXECUTION OF __.. I` THE WORK, SHALL BE RELOCATED AS DIRECTED BY ENGINEERS. 00,NOTE:The approvedsitedev lopsentpl.shalbe\7:��ll'o EXISTING TRANSFORMER ' ` t; I EXTREME CAUTION SHOULD BE USED BY THE CONTRACTOR WHEN l I 1 I a.period of three?:(3)years frog the date of approval as ger I �` EXCAVATING OR PIER DRILLING AROUND OR NEAR UTILITIES, code s'��'tlrr! ICe-2L/5. \ 0 i. e CONTRACTOR SHALL PROVIDE SAFETY TRAINING FOR THE WORKING I CREW. THIS WILL INCLUDE BUT NOT LIMITED TO A) FALL PROTECTION SYMBOLS AND MATERIALS - B) CONFINED SPACE C) ELECTRICAL SAFETY D) TRENCHING & EXCAVATION I I \� 4 a 15. ALL SITE WORK SHALL BE AS INDICATED ON THE DRAWING AND U DETAIL REFERENCE " ______, i ' lir EXISTING I STIPULATED IN THE PROJECT SPECIFICATIONS. APPROXIMATE LOCATION OF / 1\,1-7 - PARKING EXISTING PROPERTY LINE (TYP.) ' 16. IF NECESSARY, RUBBISH, STUMPS, DEBRIS, STICKS, STONES AND OTHER D SECTIONS AND DETAILS I REFUSE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF LEGALLY. WrI. TREE EXISTING\ , (TYP) ____ _. - - --� I i 01 17. THE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO FLOW I � �, ? ; AWAY FROM THE RADIO EQUIPMENT AND TOWER AREAS. :R . . _ CONCRETE .. " -- , _ „il K_._2c 0 ) - 18. THE SUBGRADE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH :1Plu--�!,ll"11=11g EARTH �. W------ ce ____- UNIFORM GRADE PRIOR TO FINISHED SURFACE APPLICATION. l'OME-11716:u.A1Poill VEXISTING TREE LINE TYP. I` -- _ 19. ALL EXISTING INACTIVE SEWER WATER GAS ELECTRIC AND OTHER � XUe_.< -,,e GRAVEL/STONE ( ) ° 52 30 W.----- S 2t --1--' EXISTING UTILITY UTILITIES, WHICH INTERFERE WITH THE EXECUTION OF THE WORK, '�-- �- 169.17 - POLE SHALL BE REMOVED AND/OR CAPPED, PLUGGED OR OTHERWISE___- --- DISCONTINUED AT POINTS WHICH WILL NOT INTERFERE WITH THE SITE LEGEND ----NN µ" EXECUTION OF THE WORK, SUBJECT TO THE APPROVAL OF ENGINEERING. "" u` 20. THE AREAS OF THE OWNERS PROPERTY DISTURBED BY THE WORK AND --- -- --- PROPERTY LINE _ 48 -- - , _ _ � . ' -,,,��_ R°F\D ----M" E '�, !~� ' 2' ' NOT COVERED BY THE PROPOSED IMPROVEMENTS SHALL BE RESTORED COUN-V\(x x x x FENCE LINE AS REQUIRED. ----. 21 . EROSION CONTROL MEASURES, IF REQUIRED DURING CONSTRUCTION, E ELECTRIC SERVICE - CALLED NORTH SHALL BE IN CONFORMANCE WITH THE LOCAL GUIDELINES FOR -� EROSION AND SEDIMENT CONTROL. T • TELEPHONE SERVICE __.�_-------__, - - SITE PLAN t NOTE: BASEMAPPING INFORMATION . 22. ALL SITE WORK SHALL BE COORDINATED WITH THE PROPERTY OWNER SCALE: OBTAINED FROM DRAWINGS PROVIDED AS REQUIRED. ---{ 50 PROPOSED CONTOUR LOT 8 20' 0 20' 40' • BY HIGHLANDER, INC., AND A SITE TOWN OF SOUTHOLD 21750 COUNTRY ROAD 48 VISIT PERFORMED BY INFINIGY 23. CONTRACTOR SHALL CONTACT DIG ALERT: 800-962-7962 TO til 50 EXISTING CONTOUR ENGINEERING. LOCATE UNDERGROUND UTILITIES PRIOR TO CONSTRUCTION. agdiggiftifts I I n 1 1/10/05 ISSUED FOR ZONING PHIi CJW PMP i � H,y J CUTCHOGUE . . AT&TT&T 0 10-14-04 ISSUED FOR ZONING PHR CJW PMP - Oyu" FN ief, SITE PLAN engineering SITE NO. LI-1027 B 10-11-04 MISCELLANEOUS COMMENTS PHI; CJW PMP � ' 99 PINE STREET ® .A,_ .' ALBANY, NY 12207 ' 4"t4' r OFFICE: (518) 434-2288 21855 COUNTY ROAD 48 AT&T WIRELESS SERVICES A_ 9-28-04 ISSUED FOR ZONING _PHIS CJW PMP ,, ,, FAX: (518) 434-2059 CUTCHOGUE, NY 11935 „ 15 EAST MIDLAND AVENUE NO DATE REVISIONS BY CHK APP'D ,,,,` °6'861 I JOB # SITE # DRAWING NUMBER REV 15 0-0 3 6 PARAMUS, NJ 07652 SCALE: DESIGNED: I DRAWN: .dFE IOIP�. 24897 NYCENY1027 Z01 1 - T}'+t�'+5"f.�,•;".;ti�`:»`I�f,•hrb'^" Ya::1tt" ;.5.'y`...rry„fw:i-f "i;1'^. .;lx;^.;rr Fa"B., .,:�`ae,+*.x- ri� '.�a•Yr< .wxs:i.•1.-.Y P �� u� Esi.{C ,,o. ��;:«.�^,,.r. � ..x. '# f ,s..,:s`6F�.s:.w •�n�'`s'tx,,ti,a..,.t1;� �2.r ;fr 'a''h: `::.;:5�•,r,y�s' 'i:i}:,`.�.q:.F,..�. '%:{'•;2{,,,r•Pvr ;n?i ,.r .4 Fume..§.;vb.nw3,S�,,:r�t=r•,,,ye�KS t�.Irv,tiT•-T,ScS;S:e�a .r�`' -d,,,, :_vs:d �r ,u,:l u st s' Mtai2R..to rrcc•=y_Ta;;:!'w�c,-�KSS-sari 0��iti Li 89.6[2276] 7740.00A UXM-1710-2100-90-16.5i-A-D Jl,i w .i is� ='��. 'A Electrl 'aI�-S f' ,� .�<. ::r•- c ecl cations'<; .;>: ��,>> ;{° f... n.,��.. %kc,,,,'':`ouS+., i:f7d:;c•N,,,n�"::. ./„?r4: ._. .. s. .p• .. .. .....:c,:.*...;,..;.e:..,'.e i.:......,.C,,..:if.............ry>(. -. , .... .a. ._r.,..s,,, :£%s,.,:<.<.,.,....,....,.. =}<.aa;'�=�,'$f"„f,y.-.. . :<r»til:<s_. Frequency band,MHz 1710-2170 _r Frequency range,MHz 1710-1880 1850-1990 1900-2170 • :'= Gain±0,5dB 16.3 dBi 16.5 dBi 16.5 dBi : ' ;W Polarization dual linear±45° i ; Horizontal beam width 90° i" Horizontal-3dB beam width 85°±2° 85±2° 84°±3° 1, . ....::5..,:' I Tracking, Horizontal plane,±60° <1 dB >' `. Front-to-back Ratio >29 dB �i�� Front-to-back Ratio,total power(180°±30°) >23 dB • 1 )%"- , 10' . Cross-polar discrimination in main direction >14 dB >13 dB >12 dB ;:' ,...:',..0".:.i.' •00 • 26.7[678] ° oo°°o Cross-polar discrimination(±60°) >10 dB >10 dB >10 dB° o°000 . Electrical down tilt(EDT),range 0-8°° Vertical Beam width-3d87.0°±0.5° 6.7°±0.5° 6.4°±0.8° `Vertical Beam Squint 0 4° `' 11.3[287] -•- 0 ra. Side lobe suppression,Vertical 1st upper >18,17,15,15,14 dBW - @ 0,2,4,6,8°EDT ,. 7 i 55.8[1417] •�./ Side lobe suppression,Vertical Upper* >16dB 1 I---- ' , First-null-fill <-24d8 /�• `� Nominal impedance 505 -111111Nio.' VSWR 1.4:1 isolation between inputs >30dB • ,.- -----,1./- Average 1M3,2Tx@43dBm Rx band<-107dBm TOP VIEW I Average 1M7,2Tx@43dBm Rx band<-117 dBm 26.7 679] Power handling,average per input 250W (DOORS OPEN) Q Power handling, average total 500W II ^'T :•,,: :,:•,.• :•.v. :<"tom` 'si�oG� iii�: 11 �(/J��I d V �'Y.. ',x -.x.r' �• ,t.: r"-r:; iii e a S�°ecific'thin>� :� )::' `�G:>. a, ,..±'fi^,..•.•..S:Y.r.,.....•:rii`;rir...:c.::.h..a..,.i.Sut:^i�t..,>.'i.✓is7sxe....!-.......e.,..-.:�,<Si:;,...�._... ..�i-,-..... ::P,v :3'r.,,ea. ,-� ' Connector p �. ,.,,::>4;.,>,;>:` _;.:;<.; .,..,. . .,>,.. .r„ 7/16 female • -� • Dimensions(HxWxD) 1309x167x89mm(4'4"x7"x4") `;• . Weight,including brackets 11.1 kg(24.51bs) Wind load,frontal(55 m/s) 413 N(C=1) ;..,••:.'/::,: "....;; r . . . .. Survival wind speed `'1'• : ;•.a...> BOTTOM VI E •W Lightning protection DC grounded °� • , ;,..,,:7; Radome material ASA ,^''' °'; (DOORS CLOSED) Radome color RAL7035 on all visible plastic parts �•.' :`..2.; ` sem• ._. R . ,, > . A •I : Packing size(HxWxD) 1480x200x200mm(4'10"x8"x8") • Mounting optionsdamps, Pole ca mpsxpanning mechanism.� o c, .Ud „ sr . w ':a ,auWM7 „3FgSn ,a » .t t> Weriss • Radiation patterns are typical for the antenna. *Values are given for 0°EDT 6.4[162] 36.3 921] 1 -- 58.4[1483] Product name • 7391.00 ALX-800-90-13.5i-0-D • Electrical Specifications ::.: Frequency range (MHz) 806-896 0. Polarization +1-45 ' 4 „ trt � ° ° ° ( ) Linear slanted Gain, co-polar(dBi) 13.5 Nominal impedance (ohm) _ 50 ' VSWR,TX < 1,4:1 •; I ' VSWR, RX Isolation between inputs (dB) < 1,5:1 �`t i SSC CABINET > 30 SCALE: NTS Horizontal -3 dB beamwidth (°) 90 +/-5 is. • ` . Horizontal tracking (dB) < 1 ;i • ` " • 1 Cross-polar discrimination (dB) > 13 Vertical -3 dB beamwidth (°) 14 ".:..i. Nom Dimensions mm(in.) Outdoor Electrical downtilt (0) 0 • Vertical beam squint(°) <2 If • ••:1 iRoofinopen Iso Entry Block Front-to-back ratio, total power(dB) > 19 '` E postzss) Cable(in optional side position) .' - Front-to-back ratio, co-polar(dB) > 22 • -,_ •--Hoof 52(2.0) , First upper sideiobe suppression (dB) >16 F62(2.0) „ . First null below horizon (dB) >19 , �°"'' ' . -_ • Maximum power total W +..-.. i { ) 600 s " �-� Maximum power per input(W)( ) 500 • IM, 3rd order, 2 Tx'at 43 dBm (dBm) < -107 tf►ao Mechanical Specifications :. , ,::11•.:-:.-: .:• -' • (76 4) Connector type .. zsso .. 7/16 (7s j �. -` Connector position bottom (ios.o) t Dimensions, HxWxD 1350x280x125mm " ,n5 (4 5 x11 x5 ) ' Front. ��'c) Front Weight including brackets 7,5kg (16.5lbs) �''� '• . Wind load, frontal,42 m/s Cd=1 (N) 410 . • 1 ;< . Survival wind speed (m/s) 70 -' � 4 • Lightning protection DC grounded 0(.1s''q+* Radome material GRP �� • • '"; . ,5:'% 1 . • (30.3) „�, / ) Radome colour Light gray* A... "/a Packing size 1490x355x200mm (4'11"x1'2"x8") 4 �•r Shipping weight including brackets • , 10kg (221bs) • 4 • 850MHz 1900MHz BTS CABINET SCALE: NTS• 2 ANTDETAIL it ODEL `: ALLGON 7740.00. & 7391.00 • . SCALE: NTS CABINET INFORMATION PROVIDED ANTENNA INFORMATION PROVIDED BY NOKIA NETWORKS OY. BY LGP ALLGON ....ai.- r n fr ni --_--■�r•. 2,7 CUTCHOGU )} 'S•`` M p yo EQUIPMENT en in AT&TAT .T..._.......... ` .* g g SITE NO. Li'-1012? �' ANTENNA 99 NNE STREET Q ' A(�iTE/�I ALBANY, NY 12207 �"'�` i "• 4r ',' 4 ..,„„.. 4 SPECS 21855 COUNTRY ROAD . OFFICE: (1518) 434-2288 AT&T WIRELESS SERVICES 0 12-17-04 ISSUED FOR ZONING PHR CM PSP ;� FAX: (518) 434-2059 CUTCHOGUE, NY 11.)35 15 EAST MIDLAND AVENUE NO DATE REVISIONS BY CHK APP'D \69161 ti JOB # SiTE # DRAWING NUMBER' REV 1 50---036 PARAMUS, NJ 07652 ,4, sslo�P I w SCALE: I DESIGNED: DRAWN: 24897 NYCENY1027 Z02 . 0 6 I 5 4 t 3 2 1• p i 'B' E • ..e,\. . At"T.'5,461. s. r.,M-4;',1,4t1,t5 AM.' ---4i itte."t, 4 1, ,- 't if-s. co 1 ., g sk,'N'01 ',. a ^ r .,,,,,,„ 4. SITE \ D ing COmpa11ies 4t V :�: ,,. '.-:~0... .,-).AWftivo''IL,,:xt.:.� ;• ff. ARCHITECTURE o ENGINEERING n . Foor� , , � (.,/ PLANNING tiF .'? I �. LANDSCAPE ARCHITECTURE ,.' LAND SURVEYINGI ' ` ENVIRONMENTAL SCIENCES \ '''44 or 4. :,,o,,,, __________,0,,,4- ...,f ;I..- '''c' ivy oo 1\i" 355 Research Parkway F *•> ` Meriden,CT 06450 tit ' {4 (203)630-1406 (203)630-2615 Fax • 1 IA 0 \ IIx Zt I rz, LOCATION MAP " ► I S. NOT TO SCALEii N/F ., 1.4‘; CHRISTOPHER MOHR TAX PARCEL # •\ GENERAL NOTES ----- — _ 09600 0100 020001 . 4' I Tall -----• _ N 56'- o Wel/ Gross ' o ... 42 -30"�--- W 263. ' ( ` 1. NORTH ARROW AND COORDINATES REFER TO NAD 83 BASED ON GPS OBSERVATION. 0:6 Concrete 16 F------ 0 ' sO U Landing IM" —...r---•-•.� ` i0✓j 2. ELEVATIONS AND CONTOURS REFER TO NAVD 88 BASED ON GPS OBSERVATION. ' MMIMMD =NM Gravel —...r.. _--- -- - - 3. PROPERTY LINES SHOWN HEREON ARE COMPILED FROM TAX MAPS, RECORD DEEDS °; ° o �, $' o AND LIMITED FIELD MEASUREMENTS. THIS IS NOT TO BE CONSTRUED AS A BOUNDARY ' a o Existing Electric LIPA ''';"':', SURVEY. z' 6Io., Building ■ Tran farmer Edge Of Pavement 0 fa #423 IPa Z 4. THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY ,, o INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEES o,l •5 Gravel THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH U11UT1ES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES ° w U ()Ground p PanelElectrrcal BituminousIN RodPavement N NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT o LOCATION INDICATED THOUGH THEY ARE LOCATED AS ACCURATELY AS POSSIBLE Monopole 1 .1.1111 CIO FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED Ice Bridge Existing ,nO Building THE UNDERGROUND UTILITIES. THE CONTRACTOR SHALL CONFIRM THE LOCATION 0 9 Steps OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF EXCAVATION. Equipment I iso • . •- Concrete ` ` ` O Cabinets !Ii, :. ,�r \\\\\\ \\\\ \\\ \ -1 Drain I M k 5. SUBJECT PARCEL IS NOT LOCATED IN A FLOOD HAZARD AREA, ZONE X, AS �n1 CIO ...... W V� DEPICTED ON F.I.R.M. COMMUNITY MAP NUMBER 36103C0163 G. EFFECTIVE DATE: o: <• :• ;:• Grown, \\\\\\\\\\\\\\\ '.nk40 MAY 4, 1998. ,1. •• • :• :: • (rt \ VI 5-1101 Vit; --11 0 11.0' v_ .:.......... ... •. : Driwe \ ' Bituminous I p,h F. ` 13.5'X23' Proposed \ Pavement r^ u- ` Tall AT&T Lease Area CD cr LI— Grass�1 \ k N/F \ CC CO TOWN OF SOUTHOLD > \ `" TAX PARCEL Q. O \ O ` ai LEGEND # Drain ` Sign ^ Q 09600 0100 017003 z O `- '+4+ ;:: O ' �� \ Existing OneManhole O ;1 �--�-- — — - -- PropertyLineNa� Story Building o \ici. W \ 020 o I ` V Overhead Wi es o J O1 \\ O 0FenceLink -e- Chain6 M V -c Utility Pole N -o_ � Lam.- -jr� s n�i ', • t . , �-- V J • Bo/lard O r*t \ O 0 ' 0 1.. ° � v 25.2 Manhole CV U.. X Existing Spot Grade NF \ N 0 z`' O W\ Et h Z * 1.E-0 \ III Deciduous Tree \z;!. ARTHUR V. JUNGE \ A` m� TAX PARCEL # \ 3 O \ Evergreen ` (--' � 0 09600 0100 019001 \ ;l7 Nk t \ t Z \ . \ t \\ \\, \\\\\\\\\\\\\\\ J . • 0 ,< I SITE DATA \ tii tA LOCATION: 21855 MIDDLE BROOK ROAD -----k 34 CUTCHOGUE NY 11953 0 TOWER TYPE EXISTING MONOPOLE N 60'-54'-20" W 252.68' ZONE: U-UGHT INDUSTRIAL ITEM PROPOSED '�ti I N/F LATITUDE (NAD 83) 41-01'-46.52" �� o NATHAN & JENNIE HARRIS 3; I I TAX PARCEL # I N LONGITUDE (WAD 83) 72'-29'-50.20" 09600 0100 018003 . o ginz GROUND ELEVATION (NAVD 88) 58 FEET z 140 FEET ABOVE GROUND o in „,,,,,;.;11''''''''''''' > HEIGH OF TOP OF TOWER 158FEET AMSL ELEVATION (NAVD 88) fix, I I LU oro y I I 0 z BULK AREA REQUIREMENTS 0) Surveyed RB, ES Drawn JF LOCATION: 21855 MIDDLE ROAD Checked RHR o ::, I Approved RHR CAI TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, NY I X ZONE U-UGHT INDUSTRIAL 'N, I Iu' Scale 1"=20' ' Project No. 04L0250 Mt-aw `a Date 10/25/04 1.4gA ITEM REQUIREMENTS ;. \ \ CAD File EX04L025001 2 N we- N MINIMUM LOT AREA 40,000 SQ. FT. I I i r*' MINIMUM LOT DEPTH 150' 'a�"� Title M74. , mr ..., ,,.,, '” "'.F"-'' -''es. ..,,� v- .. • "�.. dela ... .. . , ....5 e _- ,. t � r..-. .. _.. . 14 � .�: -. � , .a :...,.-w. - .Y C r ?'- J.�^.�...- v.,-... T,#s '�. ... :` .` .: x . , w,... . y . .� u. . � . s ate, .Fa^- . ... . .e . ar'. , �' ._a ,Y.�in s.-.: `.,� 'a`. ...,.. ... ..w .„ ,r .:. ak"+`�,-0'-'14,0.0_.... K ., .$�` ��ku!. Sx" �i-. VI o MINIMUM LOT WIDTH 100 FEET .. .. . ,..: rt ,� ..Ne",, Tri ''r .cJ�' Y y' EXISTING MINIMUM SIDE YARD ONE 20 FEET, BOTH 40 FEET (SEE CODES) /1 � � CONDITIONS/ ABUTTER DATA 1;,Ss . { p� ; 100' RADIUS MAP c • X MINIMUM FRONT YARD 100 FEET (VARIABLE, SEE CODES) ...,X �,�•; �� .,,• a:„,�,, ,J X MINIMUM REAR YARD 70 FEET TAX PARCEL # PROPERTY OWNER OWNER ADDRESS Jra'031 t.0 Sheet No. V. ,`. 111E MAXIMUM BUILDING COVERAGE ��,. �---- 30% 09600 0100 020001 CHRISTOPHER MOHR 1425 JACOBS LANE, SOUTHOLD, NY 11971 in cu0 o a W 20 15 10 5 0 20 40 Q MINIMUM LANDSCAPE COVERAGE 25% N Ex'�� ..),- tri'.+� 09600 0100 017003 TOWN OF SOUTHOLD 53895 MAIN ROAD, SOUTHOLD, NY 11971 in N o SCALE: 1" = 20' a J MAXIMUM BUILDING HEIGHT 35 FEET OR 2 STORIES 09600 0100 018003 NATHAN & JENNIE HARRIS 21855 CR 48, CUTCHOGUE, NY 11935 X X THESE DRAWINGS SHALL NOT BE UTILIZED :y ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF :L COMPANIES