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HomeMy WebLinkAboutFacility Site Plan r ,i _ cvi °suF STA. SE e _ EAST rnrueK L o DECLINATION 1 STORY FRAME Za w 95 130 WEST DECLINATION I3- is WEST nG _ _ -_ 19 3- z BARN f _ CUTC-H0 LOTJCT IZ 3 F y 7.3 LIDM1 c > (� ANT,CABLES IN 2-6"COND. W y -UNDERGROUND. or 1A3 .A75.i0 m = O • Ci Tµ tP _ EXISTING PORTION OF BUILDING x5 R•' 25 O - - LGi TO BE DEMOLISHED. • vP© ,.J+^ .n.r„•�Y,� c PROPOSED 100' HIGH 69'_0" 5 •, „ rN° `t ,,,.% E MONOPOLE i1• 20 p L E I STORY FRAME (SEE DETAIL 3/S11 2y" _ - >" N � k BARN __ �I.. <-O 6 ..-,.. �„ w •,�(, F G r I PROVIDE GRAVEL MULCH •� Z 95 I O ' O cl ROOM ENTRANCE DOOR �- » y°"^'^•m 1 / 3 345 'L 'CAS O ALL OVER FENCED AREA PROVIDE (2) 6.5'x20' K d• IVI _ _ + S es S !1R 112 PARKING SPACES(SEE DETAIL- VS-f I ,�/ A O1 u PROPOSED UNMANNED @'_D'- r5.0 PROPOSED CHAIN LINK FENCE ea AlRlNTJ7T i BRICK 4 TELECOM EQUIPMENT 6'-0" HIGHASEE DETAIL-6/SI) ' f� ROOM IN EXIST I-STY. �_ �j 2 m •� .,nn llfl ��� MarTatOak¢ i 7d SECTION IC6 � / q2 6 I III =Q. BILK, BLDG.(' DG. Q DISTRICT laoa RTR m �� - T 3 ��000p° .,.+•.�; I Q p PRO rB LSO ITI _ iLR - ,.. •- i.:::/-- PROPOSED ]OFT e'p oNE aE LI, yITE• c ,g { _ GRAVEL DRIVEWAYlSEE'QkT'D,2./5-2 ° Y / BR I 3RS 3z'�A �OoCOQT�OoN pL/�N °a o 30 S-1 SCALE: NONE UB.OS PROPOSED 6FT. HIGH N 'm CHAIN LINK FENCE LGi Y ---- _ o F ,p 3 ENCLOSURE(SEE _ _ 6 5RT'S5'12'W DETAIL 6/S11 ✓na = �, --------------- - -----a- - z s ------ g=2Q=J °� �loT �_� _- — _ _ _____ - PROPOSED IOOANIGN °� W o (1 (. - MONOPOLE EXl 57 �> w 112 /�. �. C ` - (( �. L) SEE DETL. 3/5/ Q O i� PRQVIDE2-5�_O.W\ ///J//`��� �� G� ( PEXIST OLE, UTI ITY__- / SB/A �NA.ME IN 0: I, -A CD Q SWING GATE 60 - Z ` - ____ M 9 1 3Jd -----------=- 3 - E w rs w 3J 66 2.2 —< EXIST j NEW POWER 6 TELECOM..UNESIN S EPARATE BLUESTONE �j _ I I CONDUIT UNDERGROUND. DRIVEWAY 2 Y � I I a PROPOJED d MAIIV CONC 31� 3�15 CE - ONE C(. 23 0 SEE DWG. A l) Z • " / m NOTE: (S. R NO ` REE,CIJTTING ALLOWED IN THIS SITE. o w w \ w w SCALE 251 - ~ ~ ~ ~ ~ NOTE: 12fFttF_ TO 1/6- I, 1/5 -2Ak I�S'9 FOYL __ a 0: 0 Q 0 2 EXIST o o a a o Go � 2o Ieo z90 - FUL�rLler, SITE 4�.1�. IN��M�norl �-- - - --- - - � SOUTH !� i - 1 STORY BLOCK s RoAa = CONC I 1 ` . ry o SCALE BUILDING " BLOCK 4- LOT I ZONING MRP >< g o zo 90 60 80 6 PLOT PLAN > SCALE: NONE d o m o 1L- p I � Z lJ � J ��OT�c PLAN LRTITUDE: LONGITUDE: MAIN ENTRANCE ELEV. O ©ET Q LL= &TE/ u�TENNA LAYOUT 7f OUT PLAN _ O RNTENNR NOTES: � 4I u \ � OC d IE PLEA �l 5G" 72' 30' 39° 30FT CNMSL 5-I -_ ANTENNA - I 51 - � SCALE. I° = 60r !{ O° 59 SCALE' I 20 M I L L r _ E _ GTd}C-. X2G R� _ I 15/O" C.D. TOP RAIL RELL / 5 MT = �XA� TRUE Ni3FiTF� �uECTOl3=RX 2A _ 2 •TY E OF CELL 3 SE GT ' _ I e o rC, .,iI A". BE",A t'4'�t• NO. OF S - �= Z 4NT. PLATEOFIM END_P.NT_MS'G__ I _- tOB= T]3C MUST�E�ERi FfE��?Rl i- ---�� - - - -- -- -- - - FINE DT PDIA,_BRw F o ° ( 12O.324o') RX BE DESLf'e-1�EQ &_SUPZ LIED --; :If - OFAL.L ANT• &f GOORD�YJ� 6E GTOR-TXA {-- ? �^°J�JINAL 01- COD ' O y Z 3 gtGTO FCS rtBYMONOPOLE MnNUEAGSLRE I To_ _ _ E_1NSTAL.LATI�N _ _ _ °F°°N'E^ °N�`•i"` ry o• \ J >' T -- - - - •- _ - - - v°Y , C .O.O TE POST 10''0" °NCR POST \ r' -i -- 2 I/2" ° " o• NOTE : '" O.D. ¢, CABLE LENGTHS: W D r 'iESRO-.OhLE_.__-- - .- e9 pl Fr (4" O.D. GATE POSTS) V 2 _ 6 ° 5EGTOR- RX Jr, SECTOR- zfCl? sort GEARING CAPACITY rnu5T _. 0 7/8" FOR LESS THRN 225' M ¢ _—. BE DETERMINED AND ONGINEERED _ 1 1/4" FOR 225' TO 325' 4 - x 15° TOWER 1 5/8" FOR GRERTER THAN 325' m m w WITH MONOPOLE FOtJNOryTION, O B GAUGE CHAIN LINK, m N PRIOR TO GOMMENcEMENT F'ANY � / z• DIAnOND S.gLL SECTOR ANTENNAE TO BE N .WORK. I- I1 R shoe oursloe INSTALLED ON DOWNTILT BRACKETS h W to „ ' IHNINDY m (WCTDT-20) _ ¢ mrfnlER A r EDs j I br ur 3 < O W ) It TIES A I, I- n H _ YEN TICAi 1Y.N5 Y _ GRADE - -ou uRuevN ! I A NTENNA/CABLEINEO 0 tu- ~' W Al 11-111Rl. • ENL F 1 Q O R uxE DF DIA. DRILLED t` I SECTOR DEGREE LENGTH COLOR W IIOt E,If Vff EN ry I � uu °O 31000 PSI Rx I A o° I4o FT GREEN _ II _-- v .P4NT-PLATFORM I = MONOPOLE E A INc "o.+ rO RE rmLfD av Du j CONCRETE TK A o- 1SE PT. GREENC°N[NErIML°r(NAiION I'YINi Il VM 4°D C-y nFTj ° ryes W ,Y it it I G Y ('I W cvvfn'rriLvs(sr �* RX 2 K A O ' Iero T GREENNFL. �I ,c I I , I o a0 W J � Nll NOZ-E�' �,,o IHCFIH_ Y'- Rx I C-i 120• I4o F'T. BLUE iD 5 ' sR xlN. / I . iN'LINE Of T°WEN IAS(ILATF III II IIIHI TX B 120• 135 FT. BLUE S4.ILsq,-'AINOCAPAGITYMUST A vcwslE . PrznnHIC rarnnnr o u C9 L3 1 2 0 1 'H F AND r0 ufv PORTION Dr IIEn -- - PE 0.❑ -FlX 2 T N P I BLUE" ESTTO!NI 1 I D Z I TERMINE D ENGINEERED l9 G^ EDEB_ DAN BO T N N I C 2 O I o f - R x 4 4 T. I � YPIGAL GIISSD - SEGTIO �' WH TE s O OLE OU NOAT ON i - - E) 0 P F I / - Fn :WITH MON - N F A-F 6 _ _ - _ SECTIO 7 II 2 O' 5 F w CD �- O TO� HE COMMENGENT O � --1 TX. C 4 13 T WHITE .`PRI R _ _T. ._ T - -- � Sl � I_ w U J 0 NY WORK, _ F EN GE DETA , BABI rICAL w p RX2G 240' I4o FT. WHITE °- d TOD Ctc.v WE �E11Ei RdC I �. NTS /./ tOxc SIDE fOn vrcENVOn 5:VO RUST I n AN.FOAYEv rvn nvN OF RmH METRO ONE JOB* RESPONSIBILITIES / E / nr v A. Bvv crncLE I I I [\ W Z I x m z w � E OPOSED 00FTG O JGR PRODUCT. MGR: ALEx cnRB°N 3 itZ '(9 - - %G I REAL ESTATE MGR o�0e m m I - I L'(NN LORI NI EC:..Ct3�9/ W ° CYY _I c W PLNS GABLES ROUTED INSIDE K i-- --i CONSTRUCTION MGR. B06 1-I/�G OPIAIN ( ^E zkzp .- ----- RADIO ENGINEER: LFN 6.J ITTF aN zJ`yE91 J° F 2 U - NO / m > la POLE I I APPROVED BY . Q ° / _ cc BASE M1 TE P ' � P -fE PA A . - s- STRUCTURAL ENG. E Y Fv I s I 3 H `, a I • ry' 'd" I Dnn Nlxcs _ � R ^ PLANNING QOLL,D , ' I EP— _. - - : - ---_ -.- JGR SURVEYO GF-,.5 NeoEIZAr SECTOR- RXI SESQR-F.�?S 2B'_ W ° I- , • IA. ANCHOR s•uvs ` TOWN OF SOU-1'JJJLD zONv6 MGM..: NFIIJ3 240' IQO' F SHORN. Tux i«ERR rciBli I. GEFAKb zWlgl ' n LLJ n -Q I TABLE OF CAISSON DIMENSIONS DATE ISSUED DRAWINGS TO METRO ONE � r SECTOR-TX C .,�k+ Tfl�,i i v3 YASI OBJENNITI°N inxcx°R SIVv51 ION AtIrNNEHr TO rnARIMSSION mu VON +' i 0 CHI 03r5IlN7OEE5urILIFO IY ANrf MOly lI1FOVFH<1 ENGINEER VN � OES[IIIVTION °F ITEM ITFY f[fr NCIIES ❑ }.l l _ • SITE ON rRR.00R OPERATION NfINESFNrAiIYE ON SITE, BEFORE ( ANT CA$L F_S-IN-2-- G`COND. .L4'QB - „� T➢EC..ENcf.FN r OF THIS FOONDA naN NORK. TOTAL LENOIN Olpim- /{ PRELIMINARY ONLY NOT REVIEWED BY JGR) TJNDEELGROUND_TOE,QUIPT Rryv. - I rt SECTOR- RX 2G '9 TO�t4 R#kDL ANCHOR STUD ARRANGEA(kNT _ . vErrrl vF FOAMED FIEn B f ,JA��/( REVIEWED AND APPROVED BY JGR , J/6 SECTION FI-FI FIER ABOVE GRAVE G ANCHOR STUD EYBEDYExr D r r !A ❑ �•' , 2 _ OPOLS F'Ol1NDATION REVIBIONS EVIEWED AND RPPRDVED B7 JGR "' _ _ CHECKED BY AnCNOR STVO INDIECTIDN E II 51 E LEVATION e ANTENNA MOOUN`�DG OTL � �,' DATE e SCALE: NJ:S, I MONOPOLE F _�.� U N DAT I O N DESIGN JUENGERT GRUTZMRCHER RSSOCIRI ES, P.R. SCALE: NONE 5-I I 2 0 R 5 KNAPP CO -r o t,. PLANNING BOARD MEMBERS .,,.. �;:.,,,., ,� SCOTT-L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOOTHOLD Fax (516) 765-1823 December 15, 1992 William D. Moore Moore & Moore .P.O. Box 23 Mattituck, New York 11952 RE: Proposed Site Plan for Cellular One d/b/a Metro One, Mattituck SCTM#1000-108-4-11. 3 Dear Mr. Moore: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, December 14, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. WHEREAS, William Baxter, Jr. is the owner of the property known . anddesignated. as Cellular Telephone Co. d/b/a Metro One SCTM#1000-108-4-11.3 , located at Route 25 and Elijah' s Lane, Matt-ituck; and WHEREAS, a formal application for the approval of this site plan was completed on September 30, 1992; 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 December 14, 1992; and WHEREAS, an interpretation and variance were granted by the Zoning Board of Appeals on August 18, 1992; and page 2 Cellular One d/b/a Metro One WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; Be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the final survey last revised on October 19, 1992, subject to Certification by the Principal Building Inspector. This condition must be met within six ( 6) months of the date of this resolution. Please =ntact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman •14164(9104) ►ROACT I.D.NUMBER, 11 W YORK STATE DEPARTMENT OF ENVIRONMENTAL ERVATION �}A DIVISION OF RECULATORY AFFAIRS f State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) 1. Appilcanthpom°, 7. Project Name ]. Project location: -- Municipality Town of Southold County Suffolk 4. 1,pamed action: pa New ❑ Expansion ❑ Modi(Icatlonfaltewim, S. Describe project briefly: Reconstruction of existing one story concrete block building for use as unmanned telecommunications equipment room and construction of 104 foot high monopole antenna G. Precise location(,,ad Inteaectlem,prominent landmark,,etc.or provide map) Northwest corner of intersection pf" Elijah Lane and State Route 25 Suffolk County Tax Map #1000-108,r4-11 .$ 7. Amount of land a(ferted: Initially L acres Ultimately 2 acres S. Will Proposed action comply with existing zoning or other existing land use rt strictionsi ® Yes ❑ No If No,describe briefly 9. What is present land use in vicinity of project? 19 Residential ❑ Industrial 10 Commercial ® Apiculture ❑ Parklandlnrmr space ❑ Other Describe: South of proposed site predominantly agricultural use Abandoned auto repair shop abuts premises 10. Does action involve a permiVapp,ova1.or fun Ing,new or ultlmaleIs. Irnm any other governmental Moen,y(redt rr ar euet 17 Yes ❑ No If yes,list agency(,)and permiVapprovals Southold Town Planning Board - Site Plan Suffolk County Planning V. C. C . 11. Don any aspect r oft the action have a currently valid permit or approvals ❑ Yes El No If yes,list agency name and permiUapproval type 17. M result of proposed action will existing permiVapproval require modlllcatlont El Yes 19 No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPlicamlipomor m Data: 2-21 —91 Signature: ant _.._.. '. 11 the action coastal Assessment Form before proceeding with this assessment Is In the Coastal Area, and you are a state agency, complete.the OVER II--EHVltTONMENTAL� _ D � _S -Lo (To be comp)^led by Agency) 0. DUE_S ACnUN FxCFED ANY IYI�•I ,t _ -Lot o NYCRR. PART a11.177cnorcinnln 1 �_)Yee ❑No Y tw rsvtew Process and use the .... --___._ FULL EAF. '�. WIU-ACTION nF N —__ __ 'CE F EoOR(NNOvol U.,EW A.S PRUVIDED FOR UNLISTED ACTIONS IN a NYCrIn. PART et7S7 mnY superseded by snpg.e. Imblved s 11 Na,• _.___.._ _ Ll Yee may' A Wl"decwelM., G. GRIIp ACTTON Cl nESULT IN ANY ADVERSE EFFECIS AS50(SIA TED WITH THE FOLLOWING:(A. Existing etr puslify, swlace q _. { Polsnllal Iw a oSJ 1, drslneoe or try rMpueltry w nunnnlY, noise levels, existing J,uer.-wre Psl-y b hwx If'NO" __.. .._ tondlng P "'? ExPleln brim/ly ,fie MWta,llon w dlsposnl. - CZ Annth.,f k, sp.lrullurel, er[heeuinplr-af, hlelwothe. nnlurnl w collural resourp.s. w non.munlly Or 1O°d ehMt.elof'?Espto n f CJ, Vepnlallm or fauna, flnh, nhMIIIM Or wlldllle nlmclss, elonflicanl hehhels,w IhrMlnned w n..inngered speoler7 E, i,M1ef r G. A crsrvnwdlyb rRleling PI»ns w pnnln en olllcle0y erkrPl.vt,w e cMnpr In use w Inlmsih of oee nl lend w pllrsr nslury ' �urew7 aPlaln Annoy EF- Orov.ih, nnMrfpwml rlerrlkYenenl. w rnlnlM n�'I Iv11Mn Ilknly In he Iwhrced by If. Mn,, m lk.n� FnP1eN1 brlenY. (�. Lmp Iwm, erxxt Iwm,amudelM. w other @unite not Mb.dlnw)In Cl C57 Explain binfh. CI. 011+er Iml+rrttn(Including r;hanpss In une of ,111_ punnllly n, tyT.e of mrnr P M4rl py)7 Fr Inin rY i If Ic Fnr_ On IS THERE LIKFI Y TO BF CONTnOVERSY nEIAtEU TO POTENTIAL ADV I f - ._.._.___- If Yon, evpinln hMl1y E7TSE EN VIrN>NMFNT AL IYPACT57 !f f PART III--oETERMINATION OF SIGNIFICANCE - (To be completed by Agency) ----'—' INSTRHCTTONS` Fp each adrgrse effect by atx .determine wharthar it Is eubetanllal,I Farh oflocl shcwld be asseser d In connmIlon with Ns (a) " IrrmnrSihint arl7er Important or otlMMISe significant. Y. let Pnrgraphlc Scope; And if) magnitude. if noces ^'e' urban or mnq; "'I probability of occuM n q,lananons crxllabT sullicinnt daleU to show That all rolmmN adverse Imparts have born, Irlenca S and ^g: (e) duration:; kf1 �Y. add ettschrnrxrta w rnlm r suand e q materials_ Ensuro drnf — —. adapwtely addressed. )_) Check This trix it YOU have identifl -- Occur. Then proceed directlyed OrI^ or fnole potantlally large or significant a --_ - Io the FULL EAF Andfor prepare a p09111ve dv*M Impacts which MAY -] Check this box if you have determined, declaratbrL d;+rumenlafion, that the basvNl on the Information and Analysis above a AND provide on atlachmenrl.esenocCtion Vit L tho rNOT result In Any significant ^d any soppa(i^g supporting This [leiorml " e^Aro^mental hnpacts nr. l S'4VhrR nTieypnrAl,7�lan Li Ita.i��Aserrc� _ ���� _ Presubmission conference SITE PLAN (within 30 days of written request) Complete application received a (within 4 months of presub. conference) Application reviewed at work session a s (within lU days of receipt) xro. r c� a Applicant advised of necessary revisions o (within 30 days of review) m Revised submission received ro.` oK nio.` OK s c� Lead Agency Coordination SEQRA determination TT o REFERRED TO: 0 3 Zoning Board of Appeals S(s z se r12/° E c Nts within 60 C1117s a reques12 Board of Trustees ,�.` oK ' Building Department (certification) T � o u • Suffolk County Department of Planning ro.` oK c&R r.. w ¢ Department of Transportation -State ro.` oK a a Department of Transportation - County ro.` oK a a Suffolk County Dept. of Health ro.` oK Fire Commissioners �Au�u qt Sent:_/ � Received- RECEIVED: Draft Covenants and Restrictions PEU,ro.` oK Filed Covenants and Restrictions Landscape plan ixro. OK Lighting plan ,ro.` oK Curb Cut approval ro_` oK Health approval I - ,ro.` oK Drainage plan I"L1 oK Reviewed by Engineer T oK Approval of site plan -with conditions Endorsement of site'plan Certificate of Occupancy inspection ro.` oK M. ��_ One year review 'E oK TO Ln D SL Southold, N.Y. 11971 FEB 2 5 1991 (516) 765-1938 APPLICATION FOR CONSIDERATION OF SITE PLAN Date of Appl ication Filing Fee Date Rec' d New Use Change of Use Re-Use_Extension of rovaling Use ) Revision of an Approved Site Plan (Date of App Other Specify ****************** Name of Business or Site Metro One Location of Site SCTM# 1000-108-4-11. 3 (Elijah' - Lane, Mattituck) Address of Site, if available Elijah' - Lane, Mattituck Name of Applicant Metro One Address of Applicant c/o Moore & Moore , Clause Commons , Suite 3 Main Rd P.O. Box 23 , Mattituck, NY 11952 Telephone 298-567Metro 4 ne Person to be responsible for ConstructiTelephone 0(201) 587-7884 Applicant' s interest in site-check one: xcoont�d Tenant Under cntract to purchase_ Owner of Fee Title to Land William Baxter, Jr. and others Address 1030 E. Putnam, Greenwich, CT Telephone Site Plans Prepared by Juengert/Grutzmacbtcense No. 010502 1 Address 19 Knickerbocker Rd. Telephone ( 201) 871-1610 Englewood, NJ 76 1 ********************* 80495 . 5 Sq.Ft. Zone District LB Total Land Area of Site Telcomm w An' Existing Use of Site Barn-Storage Proposed Use of Site Gross Floor Area of Existing Structure( s) 9379 +_ sgft. 724 + sqft. Gross Floor Area of Proposed Structure(s) n a sgft. n a sgfto 55 approx. s Percent of Lot Coverage by Building( -) o Percent of Lot for Parking (where applicable) n a n a Percent of Lot for Landscaping(where applicable) other Datum(Specify)U.S.G.S. Has applicant been granted a variance and/or special exception by Board of Appeals application submitted Case Number Name of Applicant Date of Decision Expiration Date 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? Number and Date of permit issued NO ACTION ( EXCAVATION OR CONSTRUCTION) MAY BE UNDERTAKEN UNTIL APPROVAi OF SITE PLAN BY THE PLANNING BOARD. 1 APPLICANT' S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK being duly sworn, deposes William D. Moore and says that he resides ataxi�x� sxla�xssx�cxeYxxxat3ax in the State of New York, of the artnershi Metro one Partnership MR that he is the Attorne (Specify whether (Title) which is hereby making application; that the oration) at his own expense, or Corp successors or assigns will, tenant atx�g or his he, install the required site improvements in accordance with Article XII structures or improvements on thearcea, in the Code of the Town of Southold for the area stated herein and that there are no existing that title to the entire p have been clearly established and are which are not shown on the Site Plan; upon any including all rlan- that no art of the Plan infringes shown on said Plan; that no p 0 regulations adopted by the filed plan which has not been abandoned both as to lots an as roads; that he has examined all rules plans andwill comply with as approved, will not be altered or Planning Board for the filing Board; same ; that the plans submitted, approval of the Planning changed in any manner without the app and that the actual physic prsubmitted nts ill be installed in strict accordance with the plans Signed Attorney fo p cant %4x W i iam D. Moo e , DORtS MARIE NARR= Sworn to before me this Wtoypuuc,State ofNewYork 19 T1 No.624SM206-Suffolk Court day of_ CommiScs a+Exphea April 30,19 ZG (Notary Public) Signed (Partner cr Corporate Officer and Titl r TOWN CLERK 44650 TOWN OF SOUTHOLD Suffolk County,New York Phone 516-765-1801 � Southold,New York 11971 Date y �� 19 yCam_ / / q RECEIVED OF zt fk A Sollars$ �1- � For y � P .� �L! f'el t('�k�i�t-F' Judith T.Te y,Town Clerk i 1 Cash ❑ Check s �, =� By I i i J I 1 g11FF0�,� 5vI- RAYMOND L. JACOt se- JAMES A. RICHTER, R.A. SUPERINTENDENT "p ENGINEER SOUTHOLD TOWN HIGHWAY DEPARTMENT TOWN OF SOUTHOLD Fax. (516)-765- 1750 �' Tel.(516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD June 10, 1998 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Nextel Communications Baxter Property - Elijah's Lane, Mattituck SCTM #: 1000 - 108 - 04 - 11.3 Dear Mr. Orlowski : As per your request, I have inspected the above referenced site for drainage requirements. At this time, no additional drainage facilities will be required. If you have any questions concerning this report, please contact my office. Sincerely, James A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) JUN 12 1998 Southold Town Planning Board j �UFfO(�c 6 ly ' PLANNING BOARD MEMBERS 4I�( �Gy� Town Hall, 53095 Main Road BENNETT ORLOWSKI,JR. o P.O. Box 1179 Chairman Southold, New York 11971 WILLIAM J. CREMERS KENNETH L.EDWARDS Fax (516) 765-3136 0 �� r r_ GEOR E RITCHIE WARD , IR �„ ��ri�1. Telephone (516) 76� 1938 HARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Judith Terry, Town Clerk FROM: Valerie Scopaz, Town Planner RE: FOIL Request: Pachman, Pachman & Brown Date: May 27, 1997 As per Mr. Pachman's request of May 19, 1997, attached are copies of "resolutions, decisions, and/or determinations by the Town of Southold Planning Board with respect to the New York State Environmental Quality Review Act (SEQRA)", "and all Planning Department and consultants' recommendations, memorandum, reports, or other writings with respect thereto...... (SEQRA) (emphasis added) RK MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary Thomas F. Moore Of Counsel December 9, 1992 BY HAND Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: Cellular One (Mattituck site) SCTM # 1000-108-4-11. 002 SCTM # 1000-108-4-11. 003 Dear Ladies/Gentlemen: Enclosed please find copies of the Covenants and Restrictions which have been filed in the Suffolk County Clerk's Office for each of the above referenced parcels. Very truly yours, Rri�@s��aatf Moore WDM/mr Encls. �I A td: NLn�JIJ, `,�„ iD A j1 co n w{ PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �•:, *,;'.' '"' N Supervisor George Ritchie Latham, Jr. Richard G. Ward _ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance November 2, 1992 This notice is issued pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Cellular One d/b/a Metro One SCTM# : 1000-108-4-11. 3 Location: Elijah' s Lane and State Route 25 SEQR Status: Type I ( ) Unlisted ( X) Conditioned Negative Declaration: Yes ( X) No ( ) Description of Action: Reuse of existing one story block building for use as unmanned telecommunications equipment room and construction of 100 foot high monopole antenna. • Page 2 Cellular One d/b/a Metro One SEQR Negative Declaration Cont. Reasons Supporting This Determination: This project involves the construction of a 100 foot high monopole antenna and reuse of existing block building for use as a communications room. The applicant has received a variance from the Zoning Board of Appeals for the use and height of the antenna, thus the proposed action is consistent with zoning. The applicant has complied with the Suffolk County Department of Health Services Code, having obtained an exception due to the fact there will be no water supply or sewage disposal facilities on the premises. An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: . Contact Person: Robert G. Kassner Address: Planning Board, P.O. Box 1179, Main Road, Southold Telephone Number: ( 516) 765-1938 CC: Suffolk County Department of Health Services NYS DEC Commissioner, Albany Judith Terry, Town Clerk Southold Building Department Board of Appeals Applicant &MATTITUCK FIRE DISTRICT • P6 J P. O. Box 666, 1000 Pike Street i Mattituck, New York 11952 Office 298-8837 Fax 298-8841 Planning Board Town of Southold Southold, NY II971 RE: METRO ONE TOWER Gentlemen: Regarding the above noted tower please be advised that no additional Firewells will be needed at this time. Very truly yours, o n K Se t. Board o Fire Commissioners Mattituck Eire Dist. ` DEC 14 1992 "� ``L--- . PLANNING BOARD MEMBERS o ^ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman *1,✓�. "_`s�- -.z Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald Y.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 — - - - - 9 19 9.z John A. Keogh, Secretary ✓ Mattituck Fire District Pike Street Mattituck, New York 11952 Dear Mr. Keogh: Enclosed please find ( 2 ) /survey_s ffo'r 0� Q/x•e ��'6 ./mod #�0a Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by e -2 3 199;, Thank you for your cooperation. C�Very t�il�s, nett Orlowski, Jr. Chairman enc. 04' t !� MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax. (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary Thomas F. Moore Of Counsel December 9, 1992 BY HAND Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: Cellular One (Mattituck site) SCTM # 1000-108-4-11. 002 SCTM # 1000-108-4-11. 003 Dear Ladies/Gentlemen: Enclosed please find copies of the Covenants and Restrictions which have been filed in the Suffolk County Clerk' s Office for each of the above referenced parcels. VeryaMoouorse' r i WDM/mr Encls. 7 ...-___.7_ .. - T DEC - 9 f PLN"1YJ� +U bv N,D O �yoa, Gyp NNING BOARD MEMBERS ti 2 SCOTT L. HP nett Orlowski, Jr.. Chairman O Superviso icorge Ritchie Latham. Jr. yQl �aO� Town Hall, 53095 i Richard G. Ward - ram P.O. Box 1 Mark S. McDonald Southold, New Yr Kenneth L. Edwards PLANNING BOARD OFFICE I-elephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765 November 2, 1992 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmenta Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lea. agency; and 3. Issues of concern which you believe should be evaluat Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response Project Name: Cellular Telephone Co. , d/b/a Metro One Requested Action: _ To erect a 100 ' (1021 ) monopole and platform adjacent tc an existing 724 sq. ft. concrete block bldg on a 1 . 848 ac lot in the Limited Business District located on the w/s of ELija La. 299 ' n/o S.R. 25 in Mattituck. SCTM#1000- SEQRA Classification: ( ) Type I ( x ) Unlisted Contact Person: Valerie Scopaz ( 516) -765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( g ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . Comments: The site is bordered on the west and north by residentially zoned lots; on the east by Elijah' s La. and beyond residential lots; and to the south by two limited business zoned lots in the same ownership as the subject property. The "fall radius" of the monopole will result in a restriction being placed on part of the adjoining lot to the south which would prohibit any construction within the fall radius. Refer to the attached site plan for more information. Please feel free to contact this office for further information. Sincerely, -t Bennett Orlowski, Jr. Chairman cc: Board of Appeals 'Board--of Trustees Building' Department -Seuthold-Town Board Suffolk County Dept. of Health Services -NYSDEC---Stony-Brook # NYSDEC - Albany %:C-.--Dept - of-Public-Works- .11-._%,-Army-Corp-of--Engineers - N.Y.S. Dept. of Transportation * Maps are enclosed for your_ review Coordinating agencies •1416-1(9/e41 _ �W YORK STATE DEPARTMENT OF ENVIRONMENTAL61ERVATION PROIfCT LD.NUMBER DIVISION OF RECUTATORY AFFAIR$ Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Protect Information (To be completed by Applicant or Project sponsor) 1. Applicantlfpomor 2. Project Name S. Project location: Municipality Town of Southold county Suffolk a. Is prppoled action: lfX�nl New ❑ Expansion ❑ Modification/alteration S. Describe prolecl briefly: Reconstruction of existing one story concrete block building for use as unmanned telecommunications equipment room and construction of 104 foot high monopole antenna 6. Precise lootion Iroad Inten<c11om,prominent landmnkf,etc.or provide mapl — --- Northwest corner of intersection of Elija Lane and State Route 25 Suffolk County Tax Map #1000-108f`'4-1, 1 7. Amount of land site 5red: Initially acres Ultimalely 2 acres 6. Will proposed action comply with nisting coning or other exit tlnR land me reslrlclloml ® Yes ❑ No If No,destribe briefly 9. What if present land me in vicinity of project? WResidential ❑ Industrial ® Commercial ® Agriculture Describe: ❑ Parkland/open space ❑ Other �. South of proposed site predominantly agricultural use Abandoned auto repair shop abuts premises lb. Dorf action involve a permiNaPProvaL or fun Inl, nnw or ultimately, Iron any other governmental agency Irederal,state or ocall? ® Yes ❑ No 1f yes, lift gentyDl and Pernitlapprovals Southold Town Planning Board - Site Plan Suffolk County Planning .C.C . It. Does any Aspect/�onff the action have•cmrentiy valid p<rmil or approval? ❑ Yes CJ No if yet.Ibl agency name and permit/approval type , ti. As result of propmed action will existing Pesmitla Pproval require modillcalloM ❑ Yet ® No I CERTIFY TIIAT TIIE INFORMATION PROVIDED ABOVE 15 TRUE TO TI1E BEST OF MY KNOWLEDGE ApplicanNponfor m Ilnatwe: Data: _2—2 1 —9 1 Attorney for ._....... t ' ant • FIt the action Is Ifs the Coastal Area, and you are a stale agency, complele.the Coastal Assessment Form before proceeding with this assessment OVER ^r,^- •_cti..r,..rny V��.-/,• ^ -I- WrNT To 1----------- . __ _) Y ( txl corn Meted by Agency) r�(�L ACTION [X-F'il 1'E f. Oth IN a NYCn PART a17.tz7 If yr , crM- ."'A IM reHgw e r)rpe..a .nd Ua.Ul. Fuu 'CTION n11.F1 F (,)OF DINATED TIF7V48V AS PfpVIDF_O FOnUNLISTED ACrpNB IN a NYOnn, PART e17d7 wupervfaHl t nrltrwl Y -'- rvah.d aprYYry I/No,N ALT Ih 1.NY AOVFFGF ErFEC,IS ASSOCIAT )WITH T - _bl4.p r a mi NE FOLLOWING:(Amwr. m..IMMIlnanuty, rinks t.v.l., "Is1In ybe h.ndrate , If 1.9"lan141 I<v rn c.-tv, rlrwinwpw M Ikwx!h E�pl.ln bLIly 0 irwlfk /rern., .Dail waM. ppdafiaaMdtsp .jcullwal rawgrrq.s; M convnunity M^�fb,,td ,.aciM EmW&n bri ftYgnlalbn M /none, Ilse s Ialllinh M wIIdlllq s(.ncbs, ftlpnlflcanl hahllals,M th,"Ift d or n..rfnn ear.d rlpaeta.7 ExpbHn brleflt. G. A orvrvnrnity-.n.InIInQ pinra M poets ne nificiwlly nrk.Plrw1,M a chanpn In Use M InIonslly of uww nl Is Id a OfhM naluraf ra.Mwes.7 Ezp41n brfnlh} G5. (i�lh, suMM.ww.l d^s'w4Ywr.enl, ry mlatrd n�Iivll lrn Ilkr.ly In M Inrll Yrlrr by IM M[Yw.wwri n.r4inl Espla4 tvla/lY I t C71. Lrvq lean. slwxt Irwin, nrmulnlhe, M nlhm#flints rpl Irlr-nliflyd In CI C57 Fiplaln brlafly. C7. Othn Imlvv;b pn. lrafinp rhAng*j In use of e111KY qunNlly M tylvl of m.qr pNi 6021n t>kwy. n. I-' n1ERE On IS TNEDE LIx F.I Y TO a CAN _--E TipVFRSY ne V�fEU 70 POTENTIAL ApVEnSF EHVIr1ONMFj(T O yen ❑No If Yrrs,.spl.ln N I lly AL IYPACTS7 i t I PART ill— ------ _ DETERMINATION OF SIGNIFICANCE (To b" completed b - 1 INSTRU"O"SL' FM each a Y Agency) Each effecl shMlld drorsI alfect ctla"1wi h Its ( ) Settrlig wt. Urban It Is 14rbstantlnl,large,Important M aUlerrLse Lie assc Scope.In connacllon with Its (a) aattlnp R.e, urban or mralr. R,) f+robnbll slpnllicanl. PrPlnrallon y; (pl Pnographlc scope; and (I) rnalt,itude. If nM:assary, add etteehor mr tlr rnfM esplanallons crxrlain sutiiclnnl detail to show that all rplavanl adverse impact-' MY of f"Q Mir)p; U duration;Ensumt at have item, Identified fiedwp�adequately e ad ress d Ulai ----'-- - addressed Check this tr)x if you have trlentiffed Orle Or More polnnllRfly large a significant adverse Impacts which MAY Occur. I hon Procrlod directly to 1ho FULL EAF an(Vor prepare a Oa Positive r nif is atloa Check this box If you have determined, based On Ibe Information and anal documentation, that the propnsed action WILL NOT result In any slpnlflcnnt adverse environmental Impacts AND provide on atlachrnents as necessary. It,,, e-axon rs suppofting this d ysls above and any suppoTtlnp determination: eY�r•nr.TTe l��n leadA��..ry_.._-_.-. ----_-.___'_ __-.-ZPrrrrre rr�R-t i �TJ 7t-n:r i -�---aYT II X FF y PLANNING BOARD MEMBERS ��p ^ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ;�i� ngr,y Supervisor George Ritchie Latham, Jr. t�7�1 Richard G. WardTown Hall, 53095 Main Road Mark S. McDonald - P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 4, 1992 William D. Moore Moore & Moore P.O. Box 23 Mattituck, New York 11952 RE: Proposed Site plan for Cellular one d/b/a Metro One SCTM#1000-108-4-11. 3 Dear Mr. Moore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 2, 1992. BE IT RESOLVED that the Southold Town Planning Board acting • under the State Environmental Quality Review Act, start the coordination process on this unlisted action. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman o��gUFFO(,� N PLANNING BOARD MEMBERS 0 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward _ �y Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 "MEMORANDUM TO: Victor Lessard, Principal Building Inspector FROM: Bennett Orlowski, Jr. , Chairman j5D�-(Js RE: Proposed Site Plan for Cellular Telephone d/b/a Metro One W/s Elijah' s La. , 299' N/o SR 25, Mattituck, N.Y. SCTM # 1000-108-4-11. 3 DATE: October 23 , 1992 The attached site plan is sent for your review and certification if in accordance with the Zoning Code. We are waiting for an exemption from the Health Department before proceeding with this application. LETTER OF TRANSMITTAL Juengert ■ Grutzmacher ■ Harkness, rn r}{� �5 I ❑ 19 Knickerbocker Road,Englewood,N.J.07631 Tel. 201. 871. 1610 Fax. 201 r7LS.112�r ,'7 ARCHITECTURE ❑ 53 Main St.P.O.Box 351,Holmdel,N.J.07733 Tel. 908. 946.4040 Fax. 90 .946 4708 1 L PLANNING d INTERIORS J 421 West County Line Rd.,Lakewood,N.J. 08701 Tel. 908.367.8822 -..,....r„ten SOuri?(:I J. rah —d PLANtvLll RC::KD S UVA v ZO U 7-Ho 1. Mi . ATTACHED ❑ UNDER SEPARATE COVER VIA ❑ MAIL J OUR MESSENGER J YOUR MESSENGER ,�FEDERALEXPRESS PRINTS J PRELIMINARY J COPY OF REPORT 7 SEPIAS J PROGRESS J COPY OF MINUTES J MYLARS ❑ FINAL OR WORKING Ll COPY OF LETTER ❑ ORIGINALS ❑ SAMPLES ❑ CHANGE ORDER ❑ SPECIFICATIONS ❑ PRODUCT LITERATURE ❑ BUDGET ESTIMATE ❑ OTHER ❑ SHOP DRAWINGS ❑ • • •' ITEM NO. FORYOUR: ❑ APPROVAL J DISTRIBUTION SE ❑ REVIEW&COMMENTS J RECORD INFORMATION ❑ AS REQUESTED J BID DUET AT AM. PM. ON ,19_ J APPROVED AS SUBMITTED ❑ NOT APPROVED J APPROVED AS NOTED ❑ RETURNED TO YOU AFTER LOAN TO US ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ ACKNOWLEDGE RECEIPT OF ENCLOSURE ❑ RETURN CORRECTED PRINTS ❑ RETURN ENCLOSURE TO US ❑ RESUBMIT _ COPIES FOR APPROVAL ❑ OTHER • IF ENCLOSURES ARE NOT AS NOTED,PLEASE INFORM OUR OFFICE IMMEDIATELY. MOORE & MOORE G' Attorc-,ys at Law 315 Wcs:phalia Road � P,O Box 23 Mattituck, P'cw York 11952 Tel: (5 b) 298-5674 Fax: (5 G) 298-5664 Margaret Rutkowski WiU;am D. Moore Patricia C. Moore Sccrctary Thomas F. Moore Of Counsel October- 19, 1992 Southold Town Planning Hoard 10 — 5 Southold Town Hall � - Main Road SO— l}THOD7o M Southold, NY 11971 IUNNINGBOdRD Att: Ms. Valerie SCopaz RE: Cellulal One/ Mattituck Dear Valerie: I believe that the site ;plan for the unmanned Cellular One radio transmission tower and unmanned computer operations-, building has now been amended to the board' s satisfaction. Health department approval of this site plan application is net needed because the facility is unmanned and will have: no water or septic facilities. Our clients are eager t: get this facility operational to provide the cellular telephon:: coverage needed for this, area. I trust that we will be able to have the site plan on the board' s agenda for approval at the Novamber 2nd meeting. ai7ery t y ours, i €r oore WDM/mr cc: Lynne Lorimer Cellular One U Allen M. Smith, Esq. OCT 2 7 �N SOuT.Fo-� eo OCT 19 i� -' T _. G a �oczHrE_; i �� cnmm mob= • 19 K{tlCfceit7odC•q03d' 33 E. M21f1 Street Rim Englewood. N.J. 07631' Hoitrdei; N.J_077zz Tei-201.871.1610 Tel-908.948-4040 Fax-20?-871.1028 Fax-908-S46-4708 A'RORrrjtC=Xr s ,Rr[RrGRR FAX TRANSMI7TAI-- SHEET RECIPIENT. 2CA t GATE: FAX NUMEER: -- TIME: AM a RM In COMPANY: _ PROJECT:S • �. bL-14A9'e7 .anti:. NO. OF PACES TRANSMITi c7:_ / _ PROJECT NO.: cover sheet) �!n MESZ5AGE: GOM TU� PLANNING BOARD SENDER: "-7 ALL Tc oiscuSS ENCzcsi:D PLEASE ReIiEN ANO APPRCVE e4CLOSED 70 FOLLOW VIA MAIL IMPORTANT: ,'his message is intended onlY for the "-a of ;ha individual cr antrtY rn which t is adCressad and .may !amain `nformatien that s prrviteged.Gnfidencal and exempt imm disd:aure under apptc ie la w. If the reader of this message is nQn the intended radciam or the F--r. )Icyea or agoat •esconsibie for delivering the message to :he intended ;ecmiern. you are hereby named that any di_;eminatirn, die:ributicrt ar tacying of this,rMMLM--than c; witty pmna7itatt If you have received this oommunicarioh in error, Please nat:tY us itnm,cimoi''y b1'taiaphane. Thank you. R You have arty probiems or do ct receive all the pages, Please You us bast at the of ica chat!3d above as soon as pc:sibia. _ LC 1JI STOR ' DECLINA710N --0w 13 t WESTTM ID T+P:'II,z halm �G go B A a �V46 . QO A IT.CABLES IN 2-6"COND. a-, IDERGROUND, N C1S7iNG PORTION Of BUILDING O —' )BE DEMOLISHED. ,,?PROPOSED MONOPOLE HIGH1S -(SEE TAIL 3f-5f) �ZPR6�E GRAVEL MULCH .• r ` cy. o (151 --{ROOM ENTRANCE DOOR ALL OVER FENCED AREA - PROPogL-D o`x �• -- 1.H,-%NO/0^P PARXWN PROPOSED UNMANNED ' TELECOM EQUIPMENT - ^'1 PROPOSED CHAIN LINK F ROOM IN EXIST. E-STY. • - �/ � , a,2 �6'-0° HIGHASEE DETAIL � !-� '�. ��. PROPOSED IO GRAVEL DRIV dn 2 3 �19 BR I I PROPOSED &FT. HIGH CHAIN LINK FENCE r ENCLOSURE(SEE 1 DETAIL 6/S1) _ ---X CID SWING GATIE LLl (Y- Lli 1 I NEW POWER i. .uN `'aQ aL _ Fp -CiS� .s ..''-P•X 19=0� 6Rl,Y I CONDUIT Ul3(9ER' CC' (Set-DrL. 4/52) I f ZEE. DWa L►m-1 1 1 Div - ' 234'-0" NOTE: '- V. 1 . F. NO TREEiQilr-TTING ALLOW M IN THIS SITE. NCaT�: 12C.Fr-Z TO 1/5- 1 1/t -Z.+ 1/5,3 Fop- - — t FUUWr-I2- 5ITE PL.xr'4 INMn "IATION 1 !I D ® APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P.Goehringer, Chairman Supervisor Serge Doyen,Jr. Town Hall,53095 Main Road James Dini2io,Jr. , P.O.Box 1179 Robert A. Villa =�, ,' Southold,New York 11971 Richard C. Wilton r Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 14, 1992 William D. Moore, Esq. Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952-1424 Re: Cellular One, Baxter and Others Telecommunications Use and Tower at Elijah' s Lane Dear Mr. Moore: Please accept this as a follow-up to re-confirm that the Declaration of Covenants and Restrictions must be corrected at paragraph 6 by deleting the words "if any. " This would then conform to the Board' s resolution adopted on August 18, 1992. Once the Declaration has been revised to conform with the above and our previous letter mailed to you on October 9, 1992, and recorded with the County Clerk' s Office, we ask that you forward a conformed copy to our office for our permanent recordkeeping. Very truly yours, Linda Kowalski P.S. The Chairman has indicated that the hours for the lighting to be on is 4 p.m. to 6 a.m. daily. cc : Mr . and Mrs . William J . Baxter MOORE & MOORE Attorr.-ys at Law 315 We '.phalia Road P.Q Box 23 Mattituck, t'cw York 11952 Tel: (5'G) 298.5G74 Fax: (5 G) 298-5664 William D. Moore Margaret Rutkowski Patricia C, Moore Secretary Thomas F. Moore Of Counsel October- 19, 1992 Southold Town. Planning Board Southold Town Hall Main Road Southold, NY 11971 Att: Ms. Valerie Scopa2 RE; Cellular One/ Mattituck Dear Valerie; I believe that the site Man for the unmanned Cellular One radio transmission tower and ur.:ttanned computer operations building has now been amended to the bosrd's satisfaction. Health department approval. of this site plan application is not needed because the facility_ is unmanned and will have no water or septic facilities. our clients are eager t; get this facility operational to provide the cellular telephone coverage needed for this, area. I trust that we will be able to have the site plan on the board' s agenda for approval at the Novamber 2nd meeting. aJery t y oours, i ore WDM/mr cc: Lynne Lorimer Cellular One Allen M. Smith, Esq. o U 2 7 11 : PLANNING BOARD MEMBERS ',: T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ' +^s! Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 25, 1992 William D. Moore Moore & Moore, Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952 RE: Proposed Site Plan for Cellular Telephone d/b/a Metro One W/s Elijah' s La. , 299' N/o SR 25 , Mattituck, N.Y. Sctm# 1000-108-4-11. 3 Dear Mr. Moore: The Planning Board has received your letter of September 11, 1992. The two parking spaces are not useable as shown. The backup for each is into the other parking space. The Board will proceed with their review upon receipt of revised plans. If you have any questions, or require further assistance, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector . + hK ✓ MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 Margaret Rutkowski William D. Moore Secretary Patricia C. Moore Thomas F. Moore Of Counsel September 24 , 1992 Mr. Robert Kasner Southold Town Planning Dept. Southold Town Hall f� � Main Road czer r t-v- t Neh, Southold, NY 11971 RE: Cellular one/ Mattituck Dear Bob: Pursuant to your request I am forwarding our firm's check in the sum of $152 for the site plan review fee regarding the above. Please advise if there is anything further you require to complete your review. Very truly yours, Wwim Moore WDM/mr Encl. SEP Spl}Tt16LDn��� MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary Thomas F. Moore Of Counsel September 11, 1992 BY HAND Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: Cellular One / Mattituck site Dear Members of the Board: Enclosed please find eight (8) set of prints of the above referenced property. Very truly yours, William D. Moore WDM/mr Encls. SEp 1 � 1992 plMO;j`L�a „D P/3 �l� APPEALS BOARD MEMBERS "`;� �"^� SCOTT L.HARRIS ti Supervisor Gerard P.Goehringer,Chairman Town Hall,53095 Main Road Serge Doyen,Jr. O a P.O.Box 1179 James Dinizio,Jr. IX Southold,New York 11971 Robert A. Villa `>__ l Z Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 25, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Appl. No. 4023 - Interpretation and Variance (Cellular One) Dear Mr. Smith: Attached please find a copy of the Board' s determination rendered under the above application. In accordance with the rules of the Suffolk County Administrative Code, the file has been transmitted to the Suffolk County Department of Planning for their response. Copies of this determination have also been furnished today to the Planning Board for their site plan file and the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning Mr. William J. Baxter lip JEER �1 IG 2 5 1992 7-1 gUftD(,�` APPEALS BOARD MEMBERS �0�� �q SCOTT L.HARRIS Gerard P. Goehringer,Chairman c ry ?% Supervisor r rn n2, Town Hall,53095 Main Road Serge Doyen,Jr. O r, ,r, P.O.Box 1179 James Dinizio,Jr. +�1 � Southold,New York 11971 Robert A. Villa $ v Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4023 . CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: ( #415 ) Westerly side of Elijah' s Lane and the Northerly Side of the Main Road (NYS Route 25) , Mattituck, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. WHEREAS, a public hearing was held on July 29, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for an Interpretation as authorized by Section 100-271(d) {1} of the zoning code appealing the March 14, 1991 Notice of Disapproval issued by the Building Inspector which states as follows: " . . .PLEASE TAKE NOTICE that your application dated March 14, 1991 for permit to construct radio tower and structure . . . is returned herewith and disapproved on the following grounds: Article VII , Section 100-81B site plan approval required by Planning Board & Special Exception required by Zoning Board of Appeals, Page 2 - Appl. No. 40230. 0 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Section 100-230 on height exceptions may require interpretation by Zoning Board of Appeals. . . . " 2. Proposed in this project is the placement of an accessory telecommunications (radio transmission) tower in the rear yard area at premises known as 415 Elijah' s Lane, Mattituck, identified on the Suffolk County Tax Maps as District 1000, Section 108 , Block 4, Lot #11. 3 consisting of 1. 85 acres. 3. The subject premises is owned by William Baxter, Jr. and others, and the applicant is the tenant, Cellular Telephone Company, a New York General Partnership (d/b/a Metro One) . 4. The use of the proposed accessory tower and the rear concrete building for public telecommunications purposes has also been conditionally approved by Special Exception Appl. No. 4022, and the following information is noted for the record: (a) Cellular One is a public utility under the Laws of the State of New York and holds a franchise from the Federal Communications Commission to serve the public within the Town of Southold; (b) Cellular One' s FCC Franchise requires that Cellular One provide cellular telephone service within the geographic boundaries of the Town of Southold, providing a quality service consistent with the requirements of the Public Service Commission; (c) Cellular Telephone Co. will conduct mobile communications by radio consisting of mobile units either mounted in vehicles or hand-carried sending to and receiving signals from fixed base sites. Different frequencies are set between cells, and good overlap between cells will permit a better grade of service. Movement to outside of the range of the cell, would cause weaker coverage, and when a cell is missing, coverage is not uniform and service can drop. (See the sworn affidavit of Scott Fox, Director of Engineering for the applicant/company dated July 29, 1992 in which the steps in determining the necessary height of the antenna for a cell site are provided in detail) ; 5. The structure which is the subject of this application is a 100 ft. high pole-type structure ( 96 ft. pole plus attached four-ft. high, 12-ft. wide antenna at the top) as shown on the construction diagram prepared by Juengert/Grutzmacher Architects, submitted July 27, 1992. This structure is free-standing (separate and detached from any other buildings ) . ` Page 3 - Appl. No. 402* . • Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) 6. Section 100-33 of the Zoning Code specifically provides a height limitation at 18 feet for accessory structures. This restriction is applicable to the Limited Business and Agricultural-Conservation Zone Districts. 7. Height restrictions have always been less than 35 feet for principal structures, and 18 feet or less for accessory structures since the inception of zoning in April 1957. 8. During January 1989 , a subsection was added for certain, height exceptions under Section 100-230D, for: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty ( 220) volts. ( 2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof and that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent (20%) . 9. It is, and has been the opinion of this Board, since the inception of zoning in 1957, that a structure which is free-standing and is not attached to the top of a building such as those excepted in Section 100-230D are clearly governed by the 18 ft. height provision of Section 100-33 . See the Limited Business Zone District, Article VIII, Section 100-81(C1) , which reads as follows: C. (Amended 5-9-89 by L.L. No. 6-1989 ) . Accessory Uses. The following uses are permitted as accessory uses and, except for the residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Page 4 - Appl. No. 4023• • D6cision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) ( 1) Any accessory use as set forth in and regulated by Section 100-31C( 1) through (8) . , and subject to the conditions set forth in Section 100-33 thereof. . . " ; Section 100-11 does provide that where a provision or requirement which is more restrictive or which establishes the higher standard shall govern. 10. It is also the opinion of this Board that this structure does not fall under Section 100-230D which applies to television or radio towers or aerials attached to a permanent structure (such as CB, ham radio, TV antennas, and the like) accessory to the principal building and principal use of the property. It is this Board' s position that the subject pole tower is not a roof-type antenna and is deemed a separate, accessory structure. Accessory structures are governed by Section 100-33 in the Limited Business Zone District; and WHEREAS, public utilities have always been recognized by the Town to provide essential, unrestricted telecommunications services to and for the public, over, on and through its rights-of-way and its land; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that it is the Interpretation of this Board that the height restriction under Section 100-81C(1) and Section 100-33 of the zoning code is applicable for all types of accessory structures, including those intended for telecommunications and other permitted accessory uses; and BE IT FURTHER RESOLVED, that a variance for a total height as requested of 100 feet for an accessory monopole telecommunications tower to provide utility services directly to and for public use, as applied under Appl. No. 4023 , be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The height of the proposed accessory monopole tower shall not exceed 100 feet, as requested, and shall not exceed the structural dimensions shown on the plan prepared by Juengert/Grutzmacher Architects dated 1-26-91, Job Number 9037-174 (unless necessary and approved for safety purposes) ; 2. The fall-down radius of the tower shall be "as submitted" with the following setback distances: Page 5 - Appl. No. 4023* • Decision Rendered August 18 , 1992 Matter of CELLULAR TELEPHONE (METRO ONE) a) 95 to 103 feet to the northerly property line; b) 69 to 62 feet from the proposed tower to the southerly property line and radius clearance of approximately 40 feet past the southerly property line over onto adjoining property to the south, also owned by William J. Baxter; c) 62+- feet to 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and the tower and equipment building must be continuously maintained in good condition at all times; 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as to the Planning Board under the site plan regulations, in order to re-consider this Special Exception and all other zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7 . No excessive (disturbing) noise levels; 8. Monitoring shall be as per FCC mandates; 9. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; 10. written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Page 6 - Appl. No. 40230 ' Dbcision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Villa. (Member Dinizio abstained.) This resolution was duly adopted with a quorum vote of the Board. lk GERARD P. GOEHRINGtR, C79AN S�1FF04 u APPEALS BOARD MEMBERS OHO. Cdi SCOTT L.HARRIS A Supervisor Gerard P.Goehringer,Chairman o wi , x p i Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box James Dinizio,Jr. ✓ 9! �Q 0 Southold,New York 11971 Robert A.Villa = Fax (516)765-1823 Telephone (516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 21, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Appl. No. 4022 - Special Exception - Metro One Dear Mr. Smith: Please find attached a copy of the Board' s determination rendered in the above matter. In accordance with the rules of the Suffolk County Administrative Code, the file has been transmitted to the Suffolk County Department of Planning for their response. Copies of this determination have also been furnished today to the Planning Board for their site plan file and the Building Department for their update and permanent recordkeeping. The decision rendered under Appl. No. 4023 concerning the height issue is being transmitted under separate cover. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning William D . Moore , Esq . rEZ 4 ►%2D TQLRN PDARD • V 8F)L�C APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P. Goehringer,Chairman o y< Supervisor co 1 a �+- ^+ Town Hall,53095 Main Road Serge Doyen,Jr. p James Dinizio,Jr. P.O.Box 1179 Robert A. Villa Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4022SE. CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for special Exception approval under Article VIII, Section 100-81B( l) , and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Westerly side of Elijah' s Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map 8937; Parcel #1000-108-4-11.1 (part of 11) . WHEREAS, action was taken, after proper notice and public hearing, by the Board of Appeals on July 25, 1991 denying the applicant' s request for a Special Exception under the "public right-of-way" provision of the residential zone district, and due to impropriety of the selection of the zone district as it relates to residential uses; WHEREAS, an Article 78 proceeding was commenced seeking to reverse and annul the Board's denial of the Special Exception; and on May 28, 1992, a true copy of the court judgment decided by Justice Robert W. Doyle reversing the Board's decision was delivered; and WHEREAS, the time for the Town to appeal this Court decision, as requested, has passed; and WHEREAS, the public utility installations are essential for providing services to the public interest devoting its property and its right-of-way to such public use and service and stands ready to serve all the public; WHEREAS, the public utility company has guaranteed the Town and the unrestricted public of its telecommunications services to the public, NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for telecommunication use for utility services directly for public use, as applied under Appl. No. 4022, and re-confirmed at the Board' s July 29, 1992 meeting, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: ~ Page 2 - Appl. No. 402� • Cellular Telephone (Metro One) - August 18, 1992 1. The height of the proposed accessory monopole radio tower shall not exceed 100 feet, as requested; 2. The fall-down radius of the tower shall be as submitted, with the following setback distances: a) 95 feet from the proposed tower to the northerly property line; b) 70 feet+- from the proposed tower to the southerly property line; c) 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as the Planning Board under the site plan regulations, in order to re-consider all zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; 8. Written covenants and restrictions shall be subritted.----"� in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the .Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Page 3 � . Appl. No. 4022 - Cellular Telephone (Metro One) Decision Rendered August 18, 1992 Villa. (Member Dinizio abstained. ) This resolution was duly adopted with a quorum vote of the Board. lk v' GERARD P. GOEH�INGER, C IRMAN 0 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ,.,., ^. �ti Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall. 53095 Main Road Mark S. McDonald �"`� P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMURANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman o.� ✓5 RE: Cellular Telephone Co. d/b/a Metro One SCTM 4 1000-108-4-11. 3 DATE: July 22, 1992 In response to your recent request for Planning Board input, we have reviewede the site plan. Our comments are as follows: The Planning Board is concerned about the aesthetic impact of the monopole on the residential neighborhood to the north. Also, the site plan is missing some required information. These elements of concern will be addressed during the Planning Board' s environmental and site plan review. i F PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham. Jr. Richard G. Ward - '� Town Hall, 53095 Main Road Mark S. McDonald "�' P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 :iuiy 22, 1992 William D. Moore Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Re: Proposed Site Plan for Cellular Telephone d/b/a Metro One W/s Elijah' s La. , 299' N/o SR 25, Mattituck, N.Y. SCTM # 1000-108-4-11.3 Dear Mr. Moore: Our review of the above-noted site plan application shows that this application is incomplete, meaning that the site plan is missing information required by the Site Plan ordinance, and it states incorrect information. A revised set of plans are needed before the Planning Board can proceed with its review. The following list is intended to assist you in completing the application: 1 . The site plans must be at the 1" = 20' scale. 2 . An elevation drawing of the proposed facades of the concrete block building is needed. The drawing should indicate exterior colors and materials for the sides and the roof. 3 . A screening and landscaping plan is needed. This plan must show how the concrete block building and the tower base will be screened from view of the adjoining residences to the north. Further, Section 213 of the Zoning Code requires a twenty foot buffer between the Light Business and residential zones. 4. Parking calculations and correct dimensions of spaces shall be shown. The minimum allowed dimensions for a standard parking space is nine ( 9) by nineteen ( 19) . 0 A handicapped space in accordance with the requirements of the American Disabilities Act is required also. 5 . Indicate on the site plan the radius within which the tower may fall. 6. A sketch of any proposed sign and its location should be included with the revised site plan. 7 . The required front yard setback is 601 , not 301 . The required side yard setbacks are 20' and 25' . 8. Show the location, type and wattage of proposed outdoor security lighting on the revised site plan. All lighting must be designed so that light does not shine off the site. Pole heights of a maximum of twelve ( 12) feet are preferred. 9. The proposed use of the existing barn Upon receipt of all of the above-noted information and items the environmental review will start. Sincerely, Bennett Orlowski, Jr. chairman CC: Zoning Board of Appeals Building Department SCOTT L.HARRIS APPEALS BOARD MEMBERS Supervisor Gerard P.Goehringer,Chairman o E Charles Grigonis,Jr. �' r'„ Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. �� a��� Southold,New York 11971 Robert A.Villa Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 9, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Application(s) of Cellular One (Metro One) Interpretation, Variance for Height and Special Exception Dear Mr. Smith: As confirmed recently by the town attorney' s office, the appeal on the above Article 78 proceeding was not perfected within the time limitations. The Building Inspector has confirmed that his Notice of Disapproval concerning the need for an interpretation on the height issue is still in effect. Assuming that you wish to proceed with the Appeal on this interpretation request, we have calendared the applications for public hearings to be held on Wednesday evening, July 29, 1992, as well as the Special Exception concerning the use of the tower. The exact time of the hearing(s) will be confirmed within the next couple of days by way of a copy of the Legal Notice as published by us in the official newspaper (Long Island Traveler-Watchman) . Very truly yours, AGERARD OEHRINGER CHAIRMAN 41. �3�UFF0�,�-c rK HARVEY A. ARNOFF Town Attorney o s, r L. HARRIS Supervisor MATTHEW G. KIERNAN ' PIT Assistant Town Attorney A,- Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals FROM: Matthew G. Kiernan, Assistant Town Attorney e G �/ DATE: February 21, 1992 RE: Cellular Telephone v. Town of Southold Annexed hereto, please find a copy of the decision rendered by Judge Doyle which granted the petition in the above-referenced matter. Please be advised, however, that petitioners will have to submit a judgment before this decision becomes valid. Should you have any questions, or if you would like to discuss this matter further, please feel free to contact me. cc: Town Board. MEMORANDUM SUPREME COURT, SUFFOLK COUNTY TRIAL TERM PART 5 CELLULAR TELEPHONE COMPANY d/b/a METRO ONE, Petitioner, BY: R.W. DOYLE, J.S.C. For a Judgment Pursuant to Article 78 of the CPLR, DATED; February 11, 1992 -against- GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR., SERGE INDEX NO.: 91-17944 DOYEN, JR., ROBERT VILLA, JAMES DINIZIO, JR., constituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS, CDISPSUBJ Respondents. ALLEN M. SMITH, ESQ. HARVEY A. ARNOFF, ESQ. By: MOORE & MOORE, ESQS. Attorney for Respondents Attorneys for Petitioner P.O. Box 1179 315 Westphalia Road 53095 Main Road P.O. Box 23 Southold, NY 11971 Mattituck, NY 11952 In this Article 78 proceeding petitioner seeks to reverse and annul a determination of respondent Southold Town Zoning Board of Appeals which denied its application for a special exception permit. The petition is granted. The property which is the subject matter of this proceeding is located along the westerly side of Elijah's Lane in the Hamlet of Mattituck, Town of Southold (Suffolk County Tax Map District 1000, Section 108, Block 4, Lot 11.3). The parcel's total lot area is 80,495.5 square feet and it is located in a Limited Business (LB) Zone District. Petitioner, who has leased relevant portions of the parcel, seeks a special exception approval to erect a 104 foot high monopole radio tower with antennas for transmitting and receiving radio signals to provide cellular telephone services. In addition, an unmanned telecommunications building, supporting the antennae would be located in an existing renovated building. Respondent Board denied petitioner's application finding that the purpose of the applicable zoning code (Section 100-30B(6)) is to permit only uses which are not of a business or commercial nature and which are clearly consistent with the rural, residential or agricultural PAGE 2 CELLULAR V. SOUTHOLD INDEX NO. 91-17944 character of the immediate area. A telecommunication use, the Board found, is not a residential or agricultural use. The Board further found that Southampton Town Code only applies to public utility towers, structures and uses associated with residential or agricultural uses; "i.e., TV, VHF, CB, Ham Radio...". Further finding that a telecommunication system can be located in LIO or LI Industrial Zones instead of the LB zone location petitioner requested. Petitioner asserts that respondent's determination was arbitrary and capricious and it lacked substantial evidence on the record. The Court agrees and grants the petition. All parties agree that petitioner is a public utility. "The authority of a municipal corporation to prohibit or regulate the location, expansion and operation of public utilities is not identical to its power over the generality of commercial uses. The general rules developed in cases involving the common business uses have been modified to fit the unique features of public utility uses, and to permit the expansion of essential services consistent with comprehensive plans for community development" (Anderson, New York Zoning Law & Practice, 3rd Ed. §11.20). The essential nature of a public utility must always be weighed against the ends sought by regulation which limit their expansion. Their problems are unique. Unlike other companies which supply goods and services, a public utility's service is piped, wired or transmitted to the user, usually with no alternative means of delivery (Anderson, supra, §11.20). Zoning Code of the Town of Southold, §100-31B(b) provides in pertinent part: B. Uses permitted by special exception by the Board of Appeals. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. In addition to Code Section 100-3111(b) §100-263 and §100-264 of the Zoning code of the Town of Southold also provides direction to the Board of Zoning Appeals when considering an application for special exception approval. In addition to the health, safety and general welfare provision of §100-31B(b) it requires the Board to find that the use will be in harmony and promote the general purpose of the zoning ordinance; the use will be compatible with its surrounding area and the character of the neighborhood, that the proposed structure will be accessible for fire and police protection. In addition, the Board must consider sixteen other items including whether the operation would cause undue interference with the public, traffic considerations, property values, overcrowding. PAGE 3 CELLULAR V. SOUTHOLD INDEX NO. 91-17944 At the hearing held before respondent there was copious proof presented regarding each of the items mentioned in the Town Code. An engineer for Metro One described how cellular telephone technology operates, and the necessity for placing the tower at the proposed location. A licensed real estate appraiser described the lack of impact of the antennae on surrounding property values. A negative environmental impact was found. The health impact was discussed and found to be nil. Testimony as to the structural integrity of the antennae was presented. The advantage to the public in terms of emergency services including fire, police and ambulance services; the ability to transmit electrocardiogram data directly from accident scenes to hospitals were presented and discussed. No proof adverse to any of these items was presented. Thus, respondent's determination was arbitrary and capricious in that the finding is not supported by the "kind of evidence on which responsible persons are accustomed to rely on in serious affairs" (Vecchia v Town of North Hempstead, AD2d , 571 NYS2d 573 at 574 [19911). Further, the determination by the Board that a telecommunication use, as specifically distinguished by the Board from a TV, VHF, CB and Ham Radio use, is inapposite. Cellular service is no more of a commercial nature than TV or VHF use. It provides direct benefit to the public in the Town of Southold (See, Video Microwave, Inc. v Zoning Board of Appeals, 77 Misc2d 798, 354 NYS2d 817 [1974)). Accordingly, the petition is granted. The matter is remanded to respondent Board for consideration of the remaining portions of petitioner's application. Submit judgment. ROOERT W. DOYLE J.S.C. FL.� APPEALS BOARD MEMBERS SCOTT L.HARRIS Rj�_v cry �.✓' � •,a. �: --Gerard P. Goehringer,Chairman Supervisor Charles Grigonis,Jr. — Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. ? Southold,New York 11971 Robert A.Villa Fax (516)765-1823 J Telephone(516)765-1809 a Telephone(516)765-1800 BOARD OF APPEALS TOWN OdF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4022. Application of CELLULAR TELEPHONE COMPANY d/b/a METRO ONE requesting Special Exception approval under Article VIII, Section 100-81B(1) and Article III , Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104 ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Elijah' s Lane, Mattituck, Ny; also shown on Planning Board Map of May 15 , 1990, Map No. 8937 . County Tax Map No. 1000-108-4-11. 3 (part of 11. ) WHEREAS, after due notice, public hearings were held on April 30, 1991 and June 7, 1991 and at said hearings, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHERES, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Elijah' s Lane in the Hamlet of Mattituck, Town of Southold, is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 108 , Block 4, Lot 11.3 (part of 11) , for which lot lines have been the subject of approval by the Town Planning Board on or about April 9, 1990. 2. For the record it is also noted that the subject parcel contains a total lot area of 80, 495. 5 square feet, is located in the Limited Business (LB) Zone District, and is surrounded on three sides by residential communities. To the south is a plot of land also owned by William J. Baxter and others improved with a large one-story building and, although unoccupied, is also located in the Limited Business Zone District. Pdge 2 - Appl . i. . 4022-SE Matter of CELLULAR TELEPHONE COMPANY Decision Rendered July 25, 1991 3 . By this application, it is requested by Cellular Telephone Company d/b/a Metro One, with the consent of the landowners, William J. Baxter and others, that a Special Exception be granted for: (1) ha proposed unmanned telecommunications building in an existing concrete block building, and (2) construction of a 104 ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. The section of the Code under which this application has been made is Article III , Section 100-30B( 6 ) of the Agricultural-Conservation and Low-Density Residential Zone District provisions of the Code which reads as follows: 100-31B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as herein- after provided, and . . . are subject to site plan approval by the Planning Board: . . . ( 6 ) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. . . . 4. The proposed unmanned telecommunications building is shown on the site plan maps prepared by Juengert Grutzmacher Associates, P.A. dated February 6, 1991 . Also, the tower structure for telecommunications transmissions is shown to be proposed at approximately 103 feet from the northerly side property line, 238+- feet from the westerly rear property line, 62+- feet from the southerly side property line, and 233+- feet from the easterly front property line. The height of the tower, inclusive of antenna mast, is proposed at 104 feet from ground level. The nearest building ( telecommunications building) .is located approximately nine feet to the east from the proposed tower, and 69 feet to the existing barn structure from the tower. Buildings therefore are within the direct fall-down area of the proposed tower. Also, distances have not been provided on the radius map to show building envelopes for future principal structures and accessory structures on the five residentially zoned lands adjacent to this parcel to the north and west. It does appear, however, that future homes on these lots could be located outside of the fall-down range, i.e. 104 feet from the proposed tower location. ':Age 3 Appl. No. 4022-SE Matter of CELLULAR TELEPHONE COMPANY Decision Rendered July 25 , 1991 5. The land uses of the Low-Density Residential Zone District, under which this application is made, is intended to provide open rural environmental, areas so highly valued by residents and to reasonably regulate the subdivision and development of the lands while honoring the legitimate interests of farmers and farmland owners (Article III , Section 100-30 Purpose) . The uses permitted under these provisions are limited to principal residential uses, agricultural uses, and accessory uses incidental thereto. 6. The land use provisions of the Limited Business (LB) Zone District are intended to provide limited business activities that are consistent with the rural and historic character of surrounding areas and uses and that have been designed to protect the residential and rural character of the area. Permitted uses in the LB Zone are limited to antique, art and craft shops and galleries; custom workshops and machine shops; wholesale or retail and display of garden materials and plants, including nursery operations; library; museum; professional office; business office; funeral home; restaurant; barbershop, professional studios, travel agency and other personal service stores and shops; plumbing shop, carpentry shop, motorcycle shops, landscaping and other service businesses; wholesale and warehousing. Other uses permitted by Special Exception would include those uses as may be permitted in the Low-Density Residential and Agricultural-Conservation Zone Districts and provided under Article III (ref . paragraph #5 above) . 7 . The uses proposed under this Special Exception request are for commercial telecommunications !And radio transmission services by Metro One through Cellular Telephone Company, a company who has received approvals from the Public Service Commission to operate a cellular radio system (see Order issued April 18, 1985 for a "Certificate of Public Convenience and Necessity to Construct and Operate a Cellular Radio Telecommunication Service in the New York Standard Metropolitan Statistical Area" ) . 8. On January 10, 1989, a new Zoning Code and Master Plan were adopted by the Town of Southold, and many zoning provisions and requirements were modified or created which are quite different from the previous zoning codes. In applying the provisions of the new master plan and zoning code, one of the first considerations by this Board in a Special Exception request is to determine whether the uses requested fall within the meaning of the Zoning Code as applied. 9. Article XIII, Section 100-130 of the Light Industrial (LI) and Light-Industrial-Office (LIO) Zoning Provisions Page 4 - Appl. Nu. 4022-SE Matter of CELLULAR TELEPHONE COMPANY Decision Rendered July 25, 1991 authorize this type of use by Special Exception. The purpose of the LIO and LI Zone Districts is to provide for commercial activities which are not appropipiate for those uses permitted in residential, agricultural, andjlimited business use zone districts. It is apparent that the use proposed herein will be a principal use involving commercial telecommunications activities. The purpose and intent of Section 100-30B( 6) is to permit only those uses which are not of a business or commercial nature and which are clearly consistent with the rural, residential or agricultural character of the immediate area. A telecommunications use is not a residential or agricultural use. 10. It is , therefore, determined that the meaning of Article III , Section 100-30B( 6) shall apply only to those public utility towers, structures and uses congruently associated with residential or agricultural uses; i.e. TV, VHF, CB, Ham Radio, accessory and incidental thereto, by Special Exception approval by the Board of Appeals. Telecommunication systems such as that proposed herein which are of a commercial nature could be permitted as a principal use under only Article XIII and Article XIV, by Special Exception in the LIO and LI Industrial Zone Districts. This commercial use cannot be authorized by Special Exception under the current zoning code under this particular ( residential/agricultural) provision (Article III, Section 100-30B(6) ) . ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, that the application for a Special Exception for commercial telecommunications activities and structures as applied under Article III, Section 100-30B( 6 ) , (ref . Article VIII , Section 100-81B) , be and hereby is DISMISSED, for the reasons as noted above. VOTE OF THE BOARD: AYES: Messrs. Villa, Doyen and Goehringer. (Member Dinizio abstained and did not participate in discussions or vote. ) (Member Grigonis was absent due to illness. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER,- CHAIRMAN MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner y`S RE: Cellular Transmission Sites DATE: June 11, 1991 The attached information may be of interest to you and other members of the Zoning Board of Appeals as it pertains to the application by Metro One. r ' � • .y4,Yf JANUARY 1991 •,�YY�Tii..`` r El', aeu)s ASSOCIATION Or R S Siting Cellular E excluding those used ' 1Y exclusively for dispatch - Transmitters communications." o Another approach is a Cellular telephones have become an important method of system of administrative communication since they were introduced in the early review prior to approval of a 1980s.They have become so widely used that nearly 600 new cell site. Cincinnati cellular communications networks have been established + M established seven criteria to D: nationwide—a dramatic increase over the 32 systems in protect residential districts place only six years ago. Some inside the industry expect that from being overrun by within 10 years one-fifth of all telephone communications .., „. cellular facilities while will be transmitted via cellular units. As the devices become - allowing for the network's more popular, the antennas that broadcast their transmissions _ orderly growth and are becoming common features on the landscape of development. America's cities and suburbs. And, like any new land use, these antennas present problems that must be addressed in ■ No new cell may be local zoning codes. established if there is a Cellular communication systems operate through a technically suitable space network of"cell sites."Each cell site has two principal available on an existing components,a 12-by-28-foot structure for radio and communications tower computer equipment and a broadcast antenna.The antenna within the geographic may sit atop an existing tall structure, such as an office tower area that the new cell site or a traditional steel lattice communications tower,or may be is to serve. a freestanding pole ranging from 60 to 150 feet in height. As ■ All structures must meet the density of users increases within a cellular system, more minimum setback cell sites must be established to keep pace with the demand. requirements in their Local zoning codes have only begun to address the question district as specified by the of how to regulate these facilities.The issues center around zoning code. aesthetics and compatibility with existing land uses. Further ■ The entire facility must be complicating matters is a growing concern that microwave aesthetically and emissions from these facilities may pose a risk to public architecturally compatible health, with its environment. Labels and Categories ■ Fencing must be provided One difficulty with cellular telephone transmission towers to secure the site. No lies in defining them. In many communities,cell sites are barbed wire or razor wire fencing is to be permitted classified as"public utility distribution systems"or as ^. in residential districts. "public utility stations." Many zoning codes allow these uses gr by right in almost every zone and allow them to be ■ Vegetative buffering must established without any public hearing. In contrast,radio or be provided to separate television towers are often not permitted in residential and the facility from adjacent other zones where aesthetics is a primary concern. Because land uses. ra;; the demand for cellular communications facilities has grown ■ The facility's owner must so rapidly and shows no signs of abating soon,communities file an annual report with ;�. should draft specific regulations that address their land-use the building inspector's impacts. office detailing how the One common approach to regulating cell sites is to facility is continuing to :a include them in existing regulations for radio and television conform to the above towers. Pensacola, Florida,took this approach when it was Monopole antennas, standards. faced with the introduction of a cellular system.The city like this one on III All obsolete or unused `r amended the zoning code by expanding its definition of a Chicago's North Side,are facilities must be commercial communications tower: "a structure situated on a prolij'erating along with removed within 12 nonresidential site that is intended for transmitting or the cellular telephones months of cessation of receiving radio,television,or telephone communications, they serve. operations at the site. F In addition, communication towers wer*minated as an county's zoning code requires that the general public not be as-of-right use in low-density residential zones. As a result, exposed to ambient radiation exceeding a power density of all towers proposed for a residential district now require a 0.2 milliwatts per square centimeter. PAS Report Number conditional use hearing. An exception is made for monopole 384(1984),Regulating Radio and TV Towers, offers a model towers. The intent of this policy is to encourage their use ordinance based on land-use controls in place in Multnomah because they are less visually obtrusive than steel lattice County,Oregon.That ordinance recommended that the type towers or rooftop installations. of antenna used for cellular communications should be at '• least six feet from the surface of any habitable structure and Public Health Issues that its highest point be at least 15 feet from the nearest In addition to aesthetic concerns, some communities have exterior surface. The ordinance includes comprehensive addressed the question of a possible health threat posed by provisions for regulating all types of communications ,e the microwaves used to transmit cellular communications. facilities. An agency considering any sort of comprehensive Eugene Rosenberg, a cellular communications consultant in approach to broadcast towers or with an eye toward Milwaukee, says the amount of microwave radiation establishing performance standards for uses emitting produced by cellular communications should not be nonionizing radiation should examine that report. D.B. =r underestimated. The telephones themselves, notes Rosenberg,emit Isr between three and five watts of power at around 824 megahertz. This radiation has both thermal and nonthermal Loudoun County effects. To illustrate the heating effect, Rosenberg says that Developers this power is enough to begin to cook a hot cog in about 15 to Pay for Roads minutes. By comparison, the transmission towers typically operate at 75 watts, but can emit appreciably more power in Loudoun County, Virginia, is considering a plan this month larger, rural service areas. that would require developers to pay for rural road The nonthermal effects of microwave radiation are less improvements.The fees would be used to increase a road's understood. As part of a growing concern about the effect of carrying capacity to accommodate any proposed project. nonionizing radiation on humans,radiation associated with Developed with the assistance of land-use consultant Lane cellular communications has become suspect. APA's Kendig, the Fair Share Rural Road Improvement Policy research department has received numerous questions from resulted from recent concerns about rural road safety and the planners about this concern over the last eight to 10 months. preservation of agricultural lands. According to Karen Cell sites, as well as all other electromagnetic radiators,are Gavrilovic, principal planner for the county, the measure has threatening to become the next big NIMBY issue. a"50-50 chance"of passage by the planning commission this It is not within the scope of this article to discuss and month, but would not actually be implemented for at least a assess the health hazard of nonionizing radiation. Table 1 is year if approved. included to give an indication of what some of the effects The plan encourages the building of subdivisions near might be at varyingrates of exposure. Note that,generally, towns where adequate facilities such as roads already exist. cell sites have been measured to emit less than any amount of County officials hope that developers will opt to build on radiation that unequivocally will cause ill effects. parcels where a road already has the needed carrying Although the federal government has not issued any capacity. As a result, agriculture in Loudoun County should regulations concerning the nonthermal effects of radiation continue without disturbances from residential development. exposure for the public at large, some local governments Rural road safety, however, is the plan's most important have addressed the subject.The following regulations are consideration. Currently, half of the county's local roads are .'.= offered as examples of standards in place. unpaved,and the zoning ordinance allows for nearly three Oldham County, Kentucky, has incorporated standards for times more development than the rural roads can safely communications facilities that regulate the amount of non- handle. Many consist of just one I2-foot-wide Zane, making ionizing electromagnetic radiation that may be emitted. The two-way traffic extremely dangerous. One county board member has called western Loudoun County "the killing fields"because of its recent increase of traffic deaths. Although the area's A-3 zoning district permits a maximum Table 1. Summary of Effects of Exposure density of one house per three acres, the roads can only to Radio Frequency Radiation absorb the traffic generated from a density of one house per Exposure six to 10 acres. As an alternative to downzoning, the fair- (in W/cm-) Effects share policy would let land be developed to its full potential. I(10 Threshold of cataract formation The fair-share method would entail a detailed evaluation of the current road situation in Loudoun County. Variables 28 Teratogenii? (tumor-causing) effects such as lane width,available passing distance, presence of 10 Molecular, genetic effects (thermal) obstructions, pavement type, and terrain will be used in 4 Threshold for neuro endocrine effects determining a road's carrying capacity. In addition, the 0.05 Decreased sperm counts county and the Virginia Department of Transportation would 0.03 Increased brain amine levels desi 0.01 Altered brain permeability gnate appropriate levels of service(which range from no congestion [level A] to total congestion [level F]) for each soarce:w.R.Ailey.`Tlssuc Interaction,with Nomonfzing Electromagnetic Fields," road type. For example, rural arterials could be designated as PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman - _ Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald - P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Chairman DATE: MAY 9, 1991 RE: Metro One SCTM# 1000-108-4-11 . 3 The Planning Board is not in favor of granting the special exception for the radio tower for Metro One. This property is surrounded by residential zones and dwellings (see attached zoning map) . The Board believes that the social, economic and aesthetic benefits of the residential area will be compromised by the granting of this special exception. The Board would recommend alternate locations for the tower in a Business zoned or Industrial zoned district, or at the Landfill site. jg g ♦'•♦♦ � IN flAri Mr jo I/� 11 MINE IN MMNMIo MMo• ■ ■ ■ on el ME •tM NlooleMMtoetme000elo Mllt ! !! • ■ loo;mM ; Moe SENSE D•e----!•e;te•••eeett SEE ll;t;;e!!!!!t■tet;te!!•t!!le;lees!! te! ■ t; ■ ;!!• ee; !e t;le■t• stemmmmt •em on ONE ■ Noolet■tees so mllNM •Nell! 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MottMNN . .. i .lot ::'laa:.�e.;••'tya��'iia:N: .. l':::i:::: � •• ■ MEMO MNM���M 7y Nout oo �Mv�t�;p�� Mo 00o q� maaM M Nt MEMMMNMM MMM tMt:�::a�t:Ca tt ■■. ; ; tomtMmoullmMMONMM•Nt Molppp MIoeIMo■ttseoNt oo ■ oo ■ ■ ■ HItM0M HHM MMMMet: MoopppppMMooN ll0MM000mMMo 0o ME ■ ■ ■MtN•mtte�Notm�uemMtt:eoe■■Mll CooNMlloot;C; ;omo ;;lo Ml ■ p o0 tnmemm0loll■ENDMMMntMMMloe;.■lla:looMtlo•eM ■ lo; C 'jai: MEo mMlt•lmmeelll■HMMMN•■ttelll llll lll■mlll•Mmlll! ■ ll 111 :ia:::�:i•••momm laa::� olo MM����""'��� oo sole ■ MlolmttMMom ll ■ ■ IN :=•iiaaii ii : �l l ■ al aM:a am�:aaamlll•� ; ■ : li ■ ; ■__ ■ ■ Mm ■ memo ll ■ iil ■ ■ ti ■ ■ lle a �: a t::;; ; ii ;;� .. . . .. ... . .. ;: 7 ,eAL APPEALS BOARD MEMBERS i? SCOTT L.HARRIS Gerard P.Goehringer,Chairman ' ;' ' Supervisor Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 Robert A.. Villa BOARD OF APPEALS James Dini Jr. Southold,New York 11971 Fax(516)765-1823 Telephone(516) 765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 TO: P1. Bd. 4/11/91 SEQRA UNLISTED ACTION DECLARATION Appeal No. April 10 , 1991 4023 Project Name: Cellular Telephone Co . , d/b/a Metro ONe County Tax Map No. 1000- 108-4-11 . 3 Location of Project: W/S Elijah ' s Lane , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Interpretation on height restriction for 104 ' high tower and if necessary , variance from height restriction . This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X ) this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a,Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c.Suf€icient information has been furnished in the record to evaluate any Possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. ' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency. ) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516') 765-1809. tr APPEALS BOARD MEMBERS SCOTT L. RABBIS r _ r i Supervisor Gerard P.Goehringer,Chairman Charles Jr.,Gri onis g ''��� '� ti� Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 7YL1`��till.J. James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516) 765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 TO: P1 . Bd. 4/11/91 SEQRA FISTED ACTION DECLARATION April 10 , 1991 Appeal No. 4022 SE Project Name: Cellular Telephone Co . , d/b/a Metro One County Tax Map No. 1000- 108-4-11 . 1 Location of Project: W/S Elijah ' s Lane , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Special Exception - Public utility use as principal use in this LB Zone This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. (X) this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/ b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the. Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume .you have waived same, and we will be required to proceed as Lead Agency.)' For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr :;tea r 4:S PLANNING BOARD MEMBERS � ` SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward = r" Town Hall, 53095 Main Road Mark S. McDonald -'� P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 4, 1991 William D. Moore, Attorney at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, NY 11952 RE: Metro One site plan SCTM# 1000-108-4-11. 3 Dear Mr. Moore: The Planning Board has been notified of your application to the Board of Appeals for a Special Exception for a radio transmission tower with antenna and unmanned computer run equipment in an existing concrete block building. Until the Board of Appeals acts on your Special Exception request, the Planning Board must consider your application incomplete for the purpose of a SEQRA review. The Board will review other items in your site plan application simultaneously with the Board of Appeals review to insure the timely processing of your application. If you have any questions, or require further assistance please contact this office. Very truly yours, Bennett Orlowski Jr. Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals APPEALS BOARD MEMBERS SCOTT L.HARRIS 1 Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. � Town Hall,53095 Main Road Serge Doyen,Jr. a P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 20, 1991 William D. Moore, Esq. Clause Commons Suite 3 , Box 23 Mattituck; NY 11952 Re: Application for Special Exception/Interpretation/Variance Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge receipt by our office of your recent three-fold application for: ( 1) a determination as to whether or not the structure and use as proposed meets the requirements for a Special Exception under the residential provisions of the Zoning Code, to wit: Section 100-31B of the Agricultural-Conservation Zone District, as referenced in Section 100-8113; (2) an Appeal for an Interpretation regarding appli- cability of the height restrictions for the proposed tower at a height of approximately 104 feet from ground level, and the question of an exemption under Section 100-230D; ( 3) and if a variance is deemed necessary, an appeal for relief concerning height of the tower as an alternative. Our office has also agreed to recommend a return of $200. 00 which was applied toward the variance from the $500. 00 filing fee, after a public hearing under the appeal for the interpretation, if the Board should determine that such a variance was not necessary . Also, this filing should not be construed as a waiver of this board' s jurisdiction to determine whether or not this project is a use authorized in the Limited Business or Agricultural-Conservation Zone Districts. As you recall, our previous letter dated March 4, 1991 indicated .that a telecommunications use is not listed as a permitted use, by Special Exception or otherwise, in the Limited Business or Agricultural-Conservation Zone Districts, and further reference was made to the principal uses, by Special Exception, listed under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area" as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of the Order, and if this order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly, GERARD P. GOEHRTNGER CHAIRMAN lk • ow&r,&.6 106 MOORE & MOORE SIC Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary March 13, 1991 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application for Special Exception Cellular Telephone Company d/b/a Metro One Dear Chairman Goehringer and Members of the Board: This letter is written in response to yours of March 4, 1991 to clarify what I may not have adequately explained in the above referenced application initially submitted February 22, 1991. The proposed use for which this special exception is sought is a radio transmission tower with antenna with unmanned, computer-run equipment in an existing concrete block building. The Cellular Telephone Company is a public utility and as such, the proposed structure and use constitutes a public utility structure and installation necessary to serve areas within the town. Such a use is permitted by special exception pursuant to Southold Town Zoning Code section 100-81(B)(1) [see 110-31(B)(6)] and falls within the original jurisdiction of the zoning board as granted by the Southold Town Board. Enclosed please find a certificate from the New York State Public Service Commission (the regulatory agency charged with supervision and control of public utilities) authorizing the Cellular Telephone Company (Metro One) to provide cellular radio telephone service in the New York area. We are resubmitting the application for the special exception use. Enclosed herewith please find a new application together with the following supporting documents: 1. Special Exception application (new) 2. Notice to Adjoining Property Owners w/ receipts (new) 3. Environmental Assessment Form (new) 4. ZBA Questionnaire (new) 5. Certificates of Occupancy (may be for both subject and adjoining property recently subdivided) MAC I Q 'oc" 6. Deeds 7. Filing fee (our firm's check #1707 in the sum of $300.00) 8. Authorization letters (from Metro One to Moore & Moore and from William J. Baxter to Metro One and Moore & Moore) 9. Disclosure Statement from Cellular Telephone Company (d/b/a Metro One) We were advised to submit the plans of the proposed facility to the building department for their review and determination of compliance with the zoning ordinance. Enclosed are copies of the two different notices of disapproval signed respectively by Thomas J. Fisher and Victor Lessard. The basis of the disapproval cited by Mr. Fisher is addressed in this letter with the clarification that the applicant is a public utility. The Notice of Disapproval prepared by Mr. Lessard determined that special exception approval from the zoning board and site plan approval from the planning board were necessary before a building permit could be issued. In addition, Mr. Lessard determined that an interpretation of section 100-230 regarding height exemptions for certain structures may be necessary as the proposed structure is more than 35 feet in height. Enclosed please find an application for an interpretation of the applicability of section 100-230 to the proposed facility and a determination that the structure proposed is exempt from the height limitation. To facilitate and expedite the review of this project in its entirety, the application for the interpretation requests alternative relief in the form of a height variance if the board determines that the exception from the height limitation does not apply to the proposed structure. Copies of each of the above referenced documents are enclosed with this application together with our firm's check for $200.00 (check # 1741). It is our understanding that these applications will be scheduled together for hearing on April 30, 1991. Please advise if you need additional copies of the surveys/site plans that were submitted previously. If there is any additional information you require, please do not hesitate to contact us. Very truly yours, William D. Moore cc: Metro One Southold Building Dept. Southold Planning Board✓ 3, c�rrCLKCOGy� PLANNING BOARD MEMBERS =o 9 ( T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman J� '.;4_A_` Supervisor George Ritchie Latham, Jr. Richard G. Ward ` ,* Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Matthew Kiernan, Assistant Town Attorney FROM: Bennett Orlowski, Jr. , Chairman ,It p- /J� Date: March 4, 1991 RE: Metro One site plan SCTM# 1000-108-4-11.3 The Planning/has Yeceived an application from Metro One for the construction of an 104' antenna and the use of an existing structure as a telecommunications center at the above referenced site. The applicant refers to the special exception clause, 100-31-B. 6, "Public utility rights-of-way as well as structures and other installations necessary. . . ", to justify this use. The Board would like to know if Metro One is considered a public utility as defined in 100-31-B. 6 . The Board would appreciate a reply as soon as possible, as the Board is holding the applicant' s check pending your response. • § 100-31 ZONING § 100-31 (f) Any nursing home, hospital or sanatorium shall meet the following standards: [1] All buildings shall be of fire-resistive construc- tion. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk • County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are de- fined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (7) Beach clubs, tennis clubs, country clubs, golf clubs,j public golf courses and annual membersfi p cTtils catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100)feet of any street line or within fifty(50)feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not he conducted for profit as a hu:+iness enterprise. 10011 s -ss APPEALS BOARD MEMBERS SCOTT L. HARRIS _? Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. '^ Town Hall,53095 Main Road s Serge Doyen,Jr. P.O. Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 4, 1991 William D. Moore, Esq. Clause Commons Suite 3 , Box 23 Mattituck, NY 11952 Re: Application for Special Exception Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge review of your recent Special Exception application left with our office on February 22, 1991. It is our understanding that you do not wish to file the Special Exception application if there is a need for a variance concerning the height of the principal antenna building, which is at approximately 104 feet above average ground level, and that you are in the process of requesting a determination or Notice of Disapproval from the Building Inspector, which has not been furnished with the Special Exception documents. Pursuant to Article XXVI , Section 100-262 of the zoning code, we are returning your Special Exception application forms requesting telecommunications building (antenna) and change of principal use to permit telecommunications for the following reasons: a) Telecommunications is not a use permitted in the Limited Business or Agricultural-Conservation Zone Districts (see Light Industrial Park/Planned office Park LIO Zone District regulations) ; b) a written determination by way of a Notice of Disapproval from the Building Inspector concerning conformance or nonconformance with the zoning code has not been furnished as i •Page 2 - March 4 , 1991 To: William D. Moore, Esq. Re: Cellular Telephone Co. required in the filing of applications to the Board of Appeals, for either a Special Exception or Variance (please see instructions sheet with ZBA form packet and Article XXVI , Section 100-262A) ; c) a Notice of Disclosure for the applicant-corporation, Cellular Telephone Co. , must be provided; d) a Consent from the property owner authorizing the applicant-corporation(s) to file the subject application must be provided. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Building Department Planning Board o� MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Patricia C. Moore Margaret Rutkowski Secretary February 22, 1991 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: SCTM # 1000-108-4-11.3 Dear Chairman Orlowski and Members of the Board: Enclosed please find the following for site plan review by your office: A. Application B. Environmental Assessment Form C. Site plan; property survey; 500' radius map; outline and topographic survey; architectural plans and details; electrical and mechanical plans; and specifications / details (7 sets) D. Our firm's check for filing fee E. Authorization letter An application for the requisite special exception approval is being submitted to the Southold Zoning Board of Appeals at this time as well. Please advise if you need any additional information to proceed with review of this application. 01moore rs, WDM/mr Encls. cc: Lynne Lorimer, Metro One John Toscano, Carmen & Dunne FEB 2 5 1991 i 0 4- i"9 S 0 fteo . January 21 , 1991 Southhold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, N.Y. 119', 1 Southold Town Planning Board Southold Town Hall Main Road Southold, N.Y. 11971 RE: Metro One Dear Ladies/Gentlemen: The undersigned , on behalf of Metro One, hereby authorizes the law firm of Moore & Moore to submit any applications and supporting documents which may be necessary for approval of proposed telecommunications facilities and structures in the Town of Southold. ,-^Sincerely, Lynne Lorimer Real Estate consultant Metro One 365 West Passaic Street, Rochelle Park, New Jersey 07662-3015 • (201)587-7886 7300 ' 3nNd 3110-0d1314 IJOdd LS : I I l6 , ;3 H3j ANTHONY B. TOHILL, P.G ATTORNEYS AT LAW W 17, 171 9�1 12 FIRST STREET ANTHONY 6,TONILLyY P. O. BOX 1330 .1, TELEPHONE: M ICor CO N ELIFFORO 1616)T2T-6363 or cou"sEL RIVERREAD, NEw YORK 116 I ` TELECOPIER: TON,N.vi' ' is .,49I61)2T.6336 October 24, 1990 Mr. Victor Lessard Executive Administrator of the Building Department Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Orient Fire District - Orient Firehouse Under Construction - Proposed Construction of Monopole by Metro 1 - Cellular Telephone Company Dear Mr. Lessard: I represent the Orient Property Owners Association who have an interest in the matter in caption to the extent that they ask that no construction of any monopole tower occur at the premises of the Orient Fire District on Main Road at Orient except upon the requisite compliance with the applicable provisions of the Zoning Ordinance and SEQRA. I have reviewed the provisions of the Zoning Ordinance and it appears that under Section 100-13 "Building, " an antenna would be a htructure or building within the reach of the Zoning Ordinance. Under Section 100-31 (B) (6) , the antenna structure would be subject to a special exception review and permit conducted by the Zoning Board of Appeals. At a public information session con- ducted last evening at the present Orient firehouse, the representatives of Metro 1 asserted that they are a public utility. Putting to the side for the purposes of this letter whether or not they are a public utility, their assertion brings them within the aforesaid section of the Code. Under Section 100-250 of the Zoning Ordinance, site plan approval would be required from the Planning Board with respect to the proposed monopole. Site plan approval is also mandated under Section 100-31 (B) in the preamble portion thereof. Neither a fire district nor Metro 1 is exempt from SEQRA. Under Section 8-0105 (2) , Environmental Conservation Law, and 6 NYCRR Section 617. 2 (W) , SEQRA applies to districts and to public utility entities, and, as well, to the proposed action by Metro 1. For Yqu! !rForr-a;;on ANTLODt'I B. fOHILL, P. C. 6y: �1 i r Mr. Victor Lessard October 24, 1990 Page 2 At the information session last evening, representatives of Metro 1 advised that they would be applying for permits through the town and representatives of the Orient Fire District represented that in order to avoid loss of the entire tax exemption on the fire district properties (see 4 Opinion of the State Comptroller 399 holding that if a portion of Fire District property is leased for purposes other than that of the district, the whole property will be subject to taxation) , the fire district, not Metro 1, would apply for a subdivision of the property. If such a subdivision application is made, the minimum lot area is, of course, 80, 000 square feet, and the minimum lot width on the road would be 175 feet. I have examined the August 30, 1990 lease between Cellular Telephone Company (Metro 1) and the Orient Fire District, and the full area of the body of the lot leased by the Orient Fire District to Metro 1 is 61 feet by 78 . 6 feet. In the R-80 District, a minimum front yard of 60 feet is required and minimum sideyards of 20 feet are required. The proposed 100 foot high steel monopole is within 10 feet of the property lines, and that monopole would be considered a principal structure under the applicable provisions of the Zoning Ordinance including Section 100-31 (b) (6) . Accordingly, by reason of the analysis in the preceding paragraph, whether or not there is an application for a subdivision, the proposed use is dimensionally prohibited, and a special exception use as well as area variances accordingly would be required from the Zoning Board of Appeals . To the extent that the uses are dimensionally prohibited, there should be no referral to the Planning Board as is required under the multiple above quoted portions of the Zoning Ordinance until the Zoning Board acts with respect to the dimensional variances required. I am copying Messrs . Arnoff and Kiernan with this letter so as to ease communications between your various departments at Town Hall. I would be particularly grateful if any one of you who disagree with the foregoing analysis would kindly contact me by telephone or letter so that I can reexamine the ordinance on the basis of any suggestion that any of you might make. Very truly yours, Anthony B. Tohill ABT/bb cc: Harvey A. Arnoff, Esq. Matthew Kiernan, Esq. ✓ -PLoP0SFb TV 7a5712tC7 — Z�t1000, i I G����-~�'pI" Update: The Potential Effects of EMFs I Iy Some time ago we discussed EMF ■� a If exposure to fields could in any [EMFs] ..." X e (electro-magnetic or electric and mag- Your Home way promote adverse health ef- Another Risk J/ netic fields), the fields associated with fce� devices and systems that carry electric- "...A comprehensive international That last statement will offer little ity.They include overhead utility wires. Then, in the July issue of the "Power solace to readers concerned over the electric blankets,hair dryers,etc.EMFs Engineering Review," I came across an program adof dress a research is now under potential ill effects of having homes are alleged to cause a variety of ill ef- article and several position statements way to address and help resolve the con- situated near electrical g ty cem over possible health effects from equipment. It fects. by the Institute of Electronics and .. EMF exposures. The research appears that EMF exposure will A recent letter to one of the local Electrical Engineers(IEEE). continue to be one of the many risks we newspapers discussed Shelter Island's The material below was taken from includes epidemiologic studies of face in our everyday activities. While success with the Long Island Lighting the article by George V. Fantozzi, human health in residential and answers may be forthcoming, we Company in requiring that the utility chairman of the Power Engineering occupational environments, char- simply do not know the effects at install its new trans-Shelter Island cable Society Ad-Hoc Committee on EMFs. acterization of field sources, exposure presenu underground. The cable was placed in Readers may find it helpful. experiments, and investigations of service but during the debate one con- "For some time now the Power biological processes in cell and tissue When the issue surfaced in my class cem had to do with EMFs. Engineering Society has been involved systems. with realtors it was in the form of a Another example of the continued with a number of other organizations, "The U.S. Department of Energy question,"When a client mentions their concern about EMFs was demonstrated all of which have had a common focus (DOE)has sponsored a program dealing concern over nearby overhead wires and m me recently during a class on envi- regarding the subject of [EMFs]. This mostly with laboratory studies. The it looks as if their interest in the home ronmental building issues I was teach- focus has been directed towards the de- National Cancer Institute(NCI) is con- could be affected,what should we say?" ing for one of the area boards of velopment of understanding the follow- ducting a major study on childhood The answer is that since no one knows realtors. A common fear expressed by ing: leukemia in which EMFs will be treated the true effects,each individual must de- some home buyers regards locating near *Magnitudes of [fields] within the as one of the risk factors. Several states cide for themselves. equipment associated with electricity: environment have been active in EMFs research at John Cronin, P.E. power poles,substations,antennae,etc. *Measurement techniques and in- various times: currently, California, (Editor's Note: Readers are in- Florida and New York are making major vited to submit questions and possible ea? Art'se the status of research s this Human exposure g I topics of discussion for this column. area? Are the fears valid? Those are eHumanexposureassessmen[ efforts... Please send letters to Your Home, questions I often ask. There are no a Body function/tissue response to "...Currently there is no scientific ba- Times/Review Newspapers, P.O. Box standards regarding exposure to EMFs. field exposure_ . ,sis(or,gsub4hing numerical limits for 1 Wq,,Mattituck, N.Y. 11952.) REGULAR MEETING A Re ular Meetingof the Southold Town Board was held on Tuesday, October 9, 1990, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M. , with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Latson Councilman Thomas H. Wickham * Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: We need a motion to approve the audit of the bills of October 9, 1990. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $32,487.31 ; General Fund, Part Town bills in the amount of $16,475.05; Nutrition Fund bills in the amount of $4,617.13; Adult Day Care bills in the amount of $51 .41 ; SNAP Program bills in the amount of $1 ,754.96; EISEP Program bills in the amount of $9.90; Community Development Fund bills in the amount of $130.00; Highway Fund Whole Town bills in the amount of $8,044.15; Highway Fund, Part Town bills in the amount of $13,916.82; CHIPS (Highway Part Town) bills in the amount of $3,888.00; Employee Health Benefit Plan bills in the amount of $17,385.97; Fishers Island Ferry District bills in the amount of $19,320.08; Southold Wastewater District bills in the amount of $11,557.28; Southold Agency & Trust bills in the amount of $800.28; Fishers Island Ferry District Agency 6 Trust bills in the amount of $440.43. COUNCILWOMAN LATSON : I have a question. I called John, and as far as Rodney, he thinks it has to do with the STOP Program. It came from Ray Jacobs, and he thinks it's something—my question was, John, why are we paying for a physical, if we have either Worker's Comp. , or we have our own self-insurance. He seems to think that it had something to do with the STOP Program, and that it came from Ray Jacobs, but he had to think about it. TOWN CLERK TERRY: It did come from Ray Jacobs. He okayed it. SUPERVISOR HARRIS: There will probably be a reimbursement then later. COUNCILWOMAN LATSON: No, it was just going to be right out of the general fund, but it's required. SUPERVISOR HARRIS: Something to do with where he works up there, as a requirement. COUNCILWOMAN LATSON: Right. The other question, that I had, and I spoke with you about it today, Scott, and although it may seem rather minimal, in lieu of the fact that every Town Budget has been cut 10%, 1 came across an audit of yours for additional reimbursed expenses, a minimal amount $94.13, not a lot, but 1 spoke with you privately in your office, because I didn't want to make an issue out of it, but there was a funeral expense for flowers attached for $40.00, which you know, I said to you, who's Mower? What's the Mower funeral? You said, I think it's the Gordon funeral. SUPERVISOR HARRIS: It's the Gordon funeral. COUNCILWOMAN LATSON: Yes, but we passed a hat around for that, and that has never come out of the Supervisor's Budget before. I don't think it's something that the taxpayers should be paying for. Watermelon $6.00, watermelon, this type of thing. I know I've dug into my pocket many times, and sure everybody here has. SUPERVISOR HARRIS: That was for the trip to Fishers Island. COUNCILWOMAN LATSON : There was no receipts attached. It would be fine, if there were a receipt attached. SUPERVISOR HARRIS: I'm sure Paddy has all those receipts. "� "` •n�n�nn COUNCILWOMAN LATSON : It should be attached to the audit though. It should be attached to the audit. Every other department is required to attach it to the audit. There should be a receipt for everything. That's Town Board procedure. We wouldn't approve five cents for anything else, unless there was a receipt attached. No receipt, wrong name, that was the other question I had on the audit. The other thing that I brought up was the Hope newsletter, which cost the Town $100.00 a month. SUPERVISOR HARRIS: Apparently, the Town Board before this had put that in place, which I was never aware of. That was something that the Town had approved, so now we're going to do away with that cost, because obviously that's something that the Town should definitely not have to pay for. That should be something that they provide to the taxpayers, to the municipality. COUNCILMAN PENNY: Am I reading this wrong, or are you questioning the pro- priety of spending Town funds for funeral wreath for an elected official? COUNCILWOMAN LATSON : It didn't say that, George. That's not what I'm questioning. It said Mower funeral. There's no receipt attached. JUDGE EDWARDS: If you talked it over with Scott, why bring it out again? You're making an issue out of it. COUNCILWOMAN LATSON: Okay, that's my questions on the audit, not without a receipt. Vote of the Town Board: Aye: Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson. Abstain: Councilwoman Oliva. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: The approval of the minutes Town Board meeting September 28th, I need a motion. Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the minutes of the September 28, 1990, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Supervisor Harris. Abstain: Justice Edwards. SUPERVISOR HARRIS: Approval of the minutes of the Special Town Board meeting of October 2, 1990. Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the October 2, 1990, Special Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: A motion for the next regularly scheduled Town Board meeting is Tuesday, October 23, 1990, 7:30 P.M. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M. , Tuesday, October 23, 1990, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Tomorrow we're going to have a Budget meeting, and then we're going to have a Special Town Board meeti.)g right after it at 7:30 P.M. , so I need a motion. Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that a Special Meeting of the Southold Town Board will be held at 7 :30 P.M. , Wednesday, October 10, 1990, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Pg 3 - 10/9/90 • I . REPORTS. I . Southold Town Planning Board Monthly Report for August, 1990. 2. Southold Town Building Department Monthly Report for September, 1990. 3. Southold Town Recreation Department Monthly Report for September, 1990. 4. Southold Town Dog Shelter Mionthly Report for September, 1990. 5. Southold Town Clerk's Monthly Report for September, 1990. 6. The 350th Committee Financial Activity Monthly Report for September, 1990. 7. Scavenger Waste Treatment Facility Report for September, 1990. 8. Southold Town Planning Board Monthly Report for September, 1990. 9. Southold Town Justice Tedeschi Monthly Report for September, 1990. 10. Southold Town Investment Quarterly Investment Activity Report for September, 1990. 11 . Lawrence Healthcare Benefit Analysis Report for the month of September, 1990. 12. Councilmen's Report. 13. Supervisor's Report. Il. PUBLIC NOTICES. 1 . New York State Department of Environmental Conservation, Notice of Complete Application of Mark LaRosa to construct a 400 square foot addition to an existing single family residence. The proposed addition is adjacent to a fresh- water wetland located at 695 Albo Drive, Laurel, Town of Southold, New York. Comments no later than October 19, 1990. 2. New York State Department of Environmental Conservation, Notice of Complete Application of Richard Oliveri to construct a single family residence, sanitary system, decking and twelve foot culvert under existing dirt drive. The decking, house and septic system are 67 feet, 76 feet, and 101 feet respectively from the freshwater wetland line. The project is located on Crescent Avenue, Fishers Island. Comments no later than October 19, 1990. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR HARRIS: Before we go into resolutions, are there any members of the audience, that would like to address any resolutions, that we will be entertaining in just a few minutes? MILDRED BOYCE: Is it appropriate for me to ask for clarification of number 10? SUPERVISOR HARRIS: Number 10, that is a fee increase, we have to advertise for a public hearing, for the licenses, which we hope will pay part of the Shelter. Before we go into resolutions, the CAC is here to present awards to the student winners of the poster contest. I hope everyone can come in. STEPHEN ANGELL: The CAC wishes to thank the Town Board for allowing us to come and do these presentations to these fine young citizens tonight. Back in June the CAC ran a poster contest on environmental issues, as part of our educa- tional campaign for this year, and over eighty entries came in for various topics in environmental concerns in the town. One was, don't feed the swans. One was, beware of leaking oil tanks, and the other one was on recycling. These are our three winners here tonight. For don't feed the swans, Meridith Rose, age nine, from Laurel won. For beware of leaking oil tanks, Casey Coradan, age ten, from North Fork Catholic School won, and for recycling, Jesse McCambridge, age ten, from Southold Elementary School. Some of the local newspapers will be running the posters in the newspaper with a story. SUPERVISOR HARRIS: We hope next year, that you'll try again, and hopefully be successful one more time, that's if the CAC has it, again, next year, which hopefully they will. Thank you. We will go into resolutions, if there is no one else, that have any questions. (No response. ) 1 .-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Justice Raymond W. Edwards to attend Justice Training School at the Nevele Hotel, Ellenville, New York, on October 15 and 16, 1990, and the necessary expenses for registration, meals, lodging and travel shall be a legal charge against the Town Justice 1990 Budget. 1 .-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Supervisor Harris. Abstain: Justice Edwards. This resolution was declared duly ADOPTED. 2.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Parent Teachers Association to use Oaklawn Avenue, Southold, on October 31 , 1990, between the hours of 4:00 P.M. and 4:30 P.M. for the purpose of holding their annual Halloween Parade, provided they secure and file with the Town Clerk a Certificate of Insurance for at least one million dollars naming the Town of Southold as an additional insured. 2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Resolution #3, we're going to hold based on a letter, that was provided to us this morning by the attorney in conjunction with permission from the occupants. Number 3 is going to be held. (Application of Russel Mann for a change of zone. ) 4.-Moved by Councilwoman Latson, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby grants a trailer permit renewal to Joseph F. Barszczewski, Jr. for a storage trailer located on the west side of Kerwin Boulevard, Greenport, which permit expired on October 7, 1990. 4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Police Sergeant Joseph Conway and Senior Bay Constable Donald Dzenkowki to attend an Environmental Crime Seminar, sponsored by the Suffolk County District Attorney's Office, on October 10, 1990 from 8:00 A.M. to 8:00 P.M. , and October 11, 1990, from 8:00 A.M. to 12 :30 P.M., at the Legislative Building, Hauppauge, New York, and the use of a Town vehicle, expenses for meals and $10.00 per person registration fee shall be a legal charge against the Police Department and Bay Constable 1990 Budget. 5.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Data Processing Supervisor Jeanne Cullen to attend IBM's Office Vision/400- Today seminar at the IBM Customer Center, Jericho, New York, on Wednesday, October 17, 1990, from 1 :30 P.M. to 4:30 P.M. , and the use of a Town vehicle for travel. 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Melanie Fetzko as a Brief Respite Aide, effective October 2, 1990, 20 hours per week, $5.00 per hour. 7.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $193,595.00 for a bond for roads and improvements in the major sub- division of Long Pond Estates, Section 2, at Southold, all in accordance with the recommendation of the Southold Town Planning Board. B.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Board of Ethics members Barbara A. Rudder, Edward J . Boyd V, and Rudolph H. Bruer to attend the Ethics in Local Government Conference at Babylon Town Hall, Linden- hurst, New York, on Wednesday, October 10, 1990, from 1 :30 P.M. to 5:00 P.M. , and the use of a Town vehicle and necessary expenses for travel shall be a legal charge against the 1990 Budget. 9.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. •Pg 5 - 10/9/90 . 10.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled "A Local Law in Relation to Dogs"; now, therefore, be it RESOLVED that the Town Board hereby sets 8.00 P.M. , Tuesday, October 23, 1990, Southold Town Hall, Main Road, Southold, New York as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit' A Local Law in Relation to Dogs BE IT ENACTED by the Town Board of the Town of Southold as follows: I . Chapter 38 (Dogs) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 38-11 (License Fee) is hereby amended to read as follows: A. Commencing on October 1 , 1979, and until November 30, 1990, the license fee for dogs. inclusive of other statutory charges, is hereby set as follows: (1) Five dollars ($5.) for a spayed or neutered dog. (2) Ten dollars ($10.) for an unspayed or unneutered dog. B. Commencing on December 1, 1990, the license fee for dogs, inclusive of other statutory charges, is set as follows: (1) Ten dollars ($10.) for a spayed or neutered dog. (2) Fifteen dollars ($15.) for an unspayed or unneutered dog. II. This Local Law shall take effect upon its filing with the Secretary of State. 10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11 .-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budget for the transfer of monies from the 350th Committee's Donated Funds held in Trust 8 Agency: To: Revenues: A2705 Donations $ 221 .75 Appropriations: A7550.4 Celebrations, Contractual Expenses $ 221 .75 11 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute ar agreement between the Town of Southold and the Town of Shelter Island whereby the Town of Southold will receive and dispatch radio transmissions to and from the Shelter Island Town police vehicles and keep a proper record of all such radio transmissions, effective January 1 , 1991 through December 31 , 1995, at an annual fee of $30,000.00 to be paid to the Town of Southold; all terms and conditions in accordance with the approval of the Town Attorney. 12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. U.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the application of George A McCarthy for renewal of his single family house trailer permit, for trailer located on private road (1900 Any Street) , Laurel, New York, which permit expires on November 10, 1990, be and hereby is rag nted for a six (6) month period. 13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Police Sergeants Sidor and Ship and Police Officers Wilson and Sawicki to attend a seminar on Family Violence and Orders i f Protection, sponsored by the New York State Crime Prevention Coalition, on October 16, 1990, at Riverhead, New York, and the use of a Town vehicle and $25.00 registration fee, which includes lunch, shall be a legal charge against the Police Department's 1990 Budget. 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Pg 6 - 10/9/90 15.-Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the appli milcation of Richard and Sophia Greenfield for renewal of their temporary single fay house trailer permit, for trailer located on a private right-of-way off of the north side of North Road (C. R. 48) , Peconic, New York, which permit expired on October 5, 1990, be and hereby is granted for a six (6) month period. 15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby creates a Southold Town Youth Board whose objection shall be to undertake an investigative study of the needs of youth in Southold Town; and be it further RESOLVED that the Town Board hereby authorizes and directs the Town Clerk to advertise for resumes for members of the Southold Town Youth Board, specifi- cally two (2) youth from each of the following school districts: Southold, Mattituck, and Greenport, two (2) adults from each of the following hamlets: Mattituck, Cutchogue, New Suffolk, Southold, Peconic, Greenport, East Marion/Orient, one (1) representative of a community church group, and one (1 ) representative of the community business group. 16.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the applications of Wolf Pit Nurseries, Inc. for renewal of their two (2) trailers: (1) office and employee break area trailer, and (2) office trailer, both located at Wickham Avenue, Mattituck, which permits expired on October 7, 1990, be and hereby are granted for a six (6) month period. 17.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby creates a Dog Shelter Relocation Advisory Committee, consisting of seven (7) members. COUNCILWOMAN LARSEN: We are voting for this with the discussion, that we held today is that they would have the results of their investigation made available to the Town Board within one month. SUPERVISOR HARRIS : Yes, once we appoint the members, which will have to be at the next meeting. We have to appoint members yet. COUNCILMAN WICKHAM: It's really six weeks. It's going to be six weeks, thirty days after their appointment. SUPERVISOR HARRIS: I have some members, who have already volunteered to fill the other positions. 18.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to the Kenny's Beach Shoreline Erosion Control Committee: effective September 23, 1990 through September 23, 1992 : George L. Penny IV, Town Councilman Raymond L. Jacobs, Superintendent of Highways James C. McMahon, Community Development Administrator Jay Tanski, Sea Grant Extension Program Representative of Suffolk County Legislator, 1st Legislative District Representative of New York State Assemblyman, 1st Assembly District Representative of New York State Senator, 1st Senatorial District Representative of New York State Department of Environmental Conservation President, Kenny's Beach Civic Association Monroe Sonnenborn, Town resident Stanley Possess, Town resident Donald J. Stanton, Town resident Donald G. Witschieben, Town resident John M. Appelt, Town resident, Marine Consultant Irving C. Latham, Town resident, Marine Construction Charles L. McCormick, Director, Natural Science Division, Southampton College • Pg 7 - 10/9/90 . 0 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: That's it for resolutions. Is there anybody in the audience that would like to discuss any matter with the Town Board before we entertain a motion to adjourn? MILDRED BOYCE: How long will it take to appoint a committee? SUPERVISOR HARRIS: We have five people already, the volunteers that you have from your organization, and the other two or three people, or two people, including myself will be on the committee. I think we have two positions to fill out of the seven, yet, that we're going to look for further names, and we'll do that within this next two weeks, and then I'll present those other two members to the committee to vote on a full seven people, that will actually be appointed to the Relocation Committee. MILDRED BOYCE: People from the Town Board already appointed? SUPERVISOR HARRIS: Just myself. TOWN CLERK TERRY: Nobody's appointed. SUPERVISOR HARRIS: There's nobody appointed yet, it's just a suggestion that I'm going to be on there. You wanted yourself, and Bill Cremmers, and Bob Harrington, and hopefully we can get a balance on the board, so that we can all work together in a short time, because the Town Board would like to have it done in a month, because they'd like to move ahead on this, as you well know. Then we will go to the next step. COUNCILWOMAN LATSON : Can I ask you, as a president, you are going to serve on this committee, and you obviously support the investigation of an alternative site? MILDRED BOYCE: Yes, I do. I have an open mind. SUPERVISOR HARRIS: Is there any member of the audience, who would like to address us on anything that may be of importance to us, as a Board, other than those that we've already talked about tonight? Ruth? COUNCILWOMAN OLIVA: Yes, Scott, I had two more phone calls tonight, and I would really appreciate if you would explain to everybody edification, the whole thing with the antenna , and the fire district in Orient. If you could explain the whole thing, because I've had a couple more calls, couple more questions, and I'd appreciate it, if you would explain the whole situation. SUPERVISOR HARRIS: I would rather have Pete Luce come in here, and the attorney for the district to really fill you in, or John Raynor, who negotiated this. We can certainly bring them at the next meeting, if everybody would like to hear. Basically, Metro One has contacted the Town, and is looking for an expanded site of the service, because the whole area out here on the North Fork is a real bad area. It's a dead area for celular phone systems. They had a site picked out in Orient, which they have concentric circles, that basically, say this is a zone of influence, that they would like to put an antenna, that would take care of the area, that they need to cover, and I told them, two parcels in Orient, one of them being the Orient Fire Department, had brand new fire department out there. They need a new antenna, anyway, for the fire district, and they proceeded ahead. The other location was recommended was the Highway Department, where our antenna is now for the Police Headquarters, as an alternative location, but that is not in the area, that they needed, so they contacted the district, and the commissioners out there met with Metro One, and their attorney, and they have struck a deal where the district is now going to rent a piece of property from the Orient Fire District. It's going to be revenue producing. I don't know what the number is, they get a month. It's somewhere around $2,000.00 a month, they get in as a rental. Metro One is going to put this tower up with no charge at all to the district. The Fire Department is then going to put all their antennas on this tower, and the same time the Town of Southold has poor communications on the east end with their Police Department, and of course, with the fire services. It has been a concern of myself, and other people in P.D. since 1 took office, and this was a perfect opportunity for the Town of Southold to locate an east end antenna, because we also, supply service to all the fire departments, including those on Shelter Island, and the Village of Greenport, public dispatch. We have entered into a contract with the Orient Fire District, and for a dollar a year, the Town of Southold will Pg 8 - 10/9/90 now have an east end antenna, and we are now leasing from the Orient Fire Department, the Orient District, for $1 .00 a year. The paperwork is still forth- coming. I think Harvey is working on that, or Matt is, with the paperwork. It's in the works. JUSTICE EDWARDS: How high are they talking, Scott? SUPERVISOR HARRIS: Seventy foot, or something tower. Somewhere in there. JUSTICE EDWARDS: How far is that from Rose field? COUNCILWOMAN OLIVA: It's quite a ways. It's right in the Tabor. . . SUPERVISOR HARRIS : Two miles, three miles, something like that. TOWN ATTORNEY ARNOFF: It's right next to the fire department, right next to the new building. SUPERVISOR HARRIS : So the Town of Southold, now, will have a brand new antenna to use. They're going to put all their Police antennas up there, and also, fire antennas, so they will have now an east end antenna, besides from enhancing the communications systems now, if for some reason the antenna at the Peconic site goes down, or something happens to it, they can automatically switch to the east end antenna now, and still continue with the emergency services through that tower, which is a tremendous benefit to the town. We've never had that opportunity of a fallback. So, for a dollar a year, we certainly have really, I think, gained a lot. COUNCILWOMAN OLIVA: Scott, the question that was brought to me. I didn't have an answer. My understanding is that we're leasing the piece of property from the Fire District? SUPERVISOR HARRIS: Harvey can tell you. TOWN ATTORNEY ARNOFF: We're all leasing it. We're leasing the use of the tower. The final way it's been worded has not been agreed upon. COUNCILWOMAN OLIVA: The question, that was brought to my attention is that, if we're leasing, you know , part of it as a town project, and the district is getting the money, shouldn't. . .if we're leasing the property from them shouldn't we get the money. 1 just need a clarification. TOWN ATTORNEY ARNOFF: The district is leasing the property to Metro, who's erecting the tower. It's a cooperative venture, where Metro going to permit us to keep a tower on there for which we pay, also to the district because they own the property, a nominal amount. COUNCILWOMAN OLVIA: How much are we going to pay Metro? TOWN ATTORNEY ARNOFF: Nothing. There's no payments to Metro. The deal is structured in such a way, so that it's only beneficial to the Town. There's no negative part of it at all. COUNCILWOMAN OLIVA: Some of the residents of Orient, I think were just a little taken aback, that they hadn't heard anything about it. SUPERVISOR HARRIS : The commissioners, when they get to that point with Metro One, and they're ready to execute it, and come with leases and all this. TOWN ATTORNEY ARNOFF: Are there any building permits? Are they going to need the standard? COUNCILWOMAN OLIVA: They are going to need. That's another thing, because when I spoke to someone in the Building Deparment, they said that the Fire Depart- ment did not need building permits, because they were exempt, so when this company comes in they're going to have to go through the process of a building permit. They will have to go to the ZBA for a variance, because it's going to be a specific height. SUPERVISOR HARRIS: I don't know about that. I know that the Town of Southold, because we are going to lease the antenna space on there, because all the Metro One people are putting up is that little cellular thing, whatever it is, and this antenna, which is $75,000.00, $100,000. , whatever it costs to construct this whole facility is being done for nothing. It actually belongs to the Orient Fire District and I think it's a tremendous benefit to the Town. P 9 - 10/9/90 COUNCILWOMAN OLIVA: I'm not saying, that it is, or it isn't, it's just that these questions were brought to me, and I'd like to have answers for them. SUPERVISOR HARRIS: Until the district does everything formally with their documentation, and then we formally get our end of it, which is being worked on right now, and what we're going to have to put out there as far as antennas, which we're working on right now with John Raynor, and the Police Department. Then we'll go to the next step. But this is what's in the proposed stage right now. COUNCILWOMAN OLIVA: This would then be brought before the Town Board, when the lease or what have you come up? SUPERVISOR HARRIS: Absolutely.. Have to at that time. JUSTICE EDWARDS: It would definitely have to go before the ZBA, because of the height. COUNCILWOMAN OLIVA: Because of the height, because I looked it up when I got the first call, and then I got two more calls tonight. SUPERVISOR HARRIS: That's part of whatever they have to do to obtain whatever is neccessary. COUNCILWOMAN OLIVA: It kind of takes me aback, when I'm not informed of what things are in process, especially my own district. COUNCILMAN WICKHAM: I'd like to bring up two items to the attention of the people tonight. One of them has to do with the garbage front. You'll recall at our last Town Board meeting, we accepted the report of the consultants, who've been preparing a solid waste management plan for the Town of Southold. There will be a hearing on that plan on, I believe, it's the 30th of October. We thought that although the report will be available to everybody to read in the various libraries in the town, and also, here in the Town Clerk's Office, it might still be valuable to hold a public information meeting on the report, so that people in town would know as much about it as possible, and be better educated, and better able to make their comments at the night of the hearing. Consequently, at it's last meeting the Town Board passed a resolution authorizing the holding of a public information meeting on the Solid Waste Management Plan, as it's been prepared by our consultants. That public information meeting will be held one week from tonight, 7:30 at the Peconic Recreation building on Peconic Lane. The Task Force will take on the responsibility for that on behalf of the Town Board. The second thing I'd like to bring to the attention of the people tonight is, that you will recall that about three weeks ago, or three to four weeks ago, there was held here in Southold High School, a conference on planning for the North Fork. Recently, a report on that conference was made available. It was handed out today to members of the Town Board. I have a copy of it to people who would like to see it further. Basically, there were two sort of thematic issues, that came out of the conference. One of them was a proposal to try to curtail, what is known as strip zoning along the major arteries, and the other is a proposal, that would try to concentrate develop- ment more in the village, or so called hamlet centers, and not simply have two acre or even five acres lots proliferate throughout the whole town. Those were two of the initiatives, that came up. Today they were discussed in the work session by the Town Board, and I think with quite a bit of interest, and it was agreed, at the end, that the organizers of the conference, and I would present their findings, and recommendations to the Planning and Zoning Committee of Town Board for further consideration by the Town government. I might conclude by saying that the organizers of the conference represent a wide range of individuals, and organizations, and to my knowledge is the first time, that there's been a really selective grouping from both the business communities, and the sort of environmental concerned communities towards a common objective, and so I'm quite interested in it, and I think it is a very favorable step towards the future of the Town. SUPERVISOR HARRIS : Is there anybody else? (No response.) In closing, the last Town Board meeting we did a resolution putting on referendum a $2,000,000. proposal bond referendum for the Town, for open space, parkland, and so on. At that time, I think somebody had questioned, would the cost be out the roof? Late this afternoon, John Cushman dropped off the projected cost for the bond, and I think he started it for 25 years, starting in 1992, 1 think is when he proposed that the bond was sold in 1992 for twenty-five years, and it works out to five cents a day per person on an average assessed value of $6,000.00. That what it would be household, per day. COUNCILWOMAN LATSON : For 25 years? Pg 10 - 10/9/90 SUPERVISOR HARRIS: It slides down. It's twenty five years. Open space bond, it's a twenty-five year bond. COUNCILWOMAN OLIVA: So that's five cents per day on an assessed valuation of $6,000.? SUPERVISOR HARRIS: And it's on a sliding scale, so as you further go into the amorization schedule, of course it drops, and it becomes less and less. COUNCILMAN PENNY: And that's assuming that the entire proceeds of the bond were sold. SUPERVISOR HARRIS: That's saying the $2,000,000. was sold in one shot, all at once, and I don't think that's going to transpire, but you never know, it may. COUNCILWOMAN LATSON : Are you going to make that available to the Town Board through copy, a breakdown on it. SUPERVISOR HARRIS: Yes. COUNCILWOMAN LATSON : I have something to ask. When we review the budget tomorrow, will we be going through on a line by line item, because you said a budget review? Is that the intent of the meeting? SUPERVISOR HARRIS: It will be strictly on fees tomorrow night. We can certainly entertain anything else the Town Board would like to do, but it would be on fees. COUNCILWOMAN LATSON: I think we should go through the whole budget tomorrow. I think we should start to orientate ourselves with it, and start to go through it on a line by line item. SUPERVISOR HARRIS: I think the main concern was, if there's any fee structure changes that has to be done, so. that the local laws can get advertised, and that they can get public hearing in place, get approved, and then go out to the printers, because we're talking about changing the actual form, and so on, that Judy has to have by December 1st. COUNCILWOMAN LATSON: I'm aware of that, but we haven't set a date for the budget review, and whenever the budget has been presented through my two years on Town Board, when the budget was presented we set dates for the complete budget review, and we have gone through the budget line by line item, and what I can frankly say, today, is that I am a little bit scared, because whenever we had a budget proposed in the past, we never had the revenue based on fee increases, that were not discussed by the Town Board. The revenue was always based on the existing fee, and what was coming, and the Town Board, or the Supervisor, brought, this is where we are today, and my proposal is to increase the fees to bring it up to a certain point, and we have the attached local laws, and regulations for fee increases, that was on discussion for today, but because of our agenda we weren't able to get to it, but I have found out today, that all these fee increases are already included in the revenue lines. So, in addition to the tax increase, that we'll be looking at in our tax bill, your revenue is based on these additional tax. SUPERVISOR HARRIS: Some revenues. COUNCILWOMAN LATSON : So that is some. So, until we know as a Town Board where the revenues are going, and where these appropriations, we can't even entertain discussing this. SUPERVISOR HARRIS: 1 think you can, and I think you're wrong. COUNCILWOMAN LATSON : It's never been done, not while I've been on the Town Board. COUNCILMAN PENNY : The Town Board has agreed in the past to put certain revenues in. This is the Supervisor's proposed budget. He has proposed that we put in certain revenues. COUNCILWOMAN LATSON : But these revenues are figured into the revenue line. ;Pg 11 - 10/9/90 COUNCILMAN PENNY : He has suggested revenues to reach the appropriations, which he has put in the revenue lines, and if the Town Board agrees, or doesn't agree, they still have to deal with, number one, this, and number two, the budget. So there's nothing here that's struck in stone what so ever. The Supervisor has the right to put up. COUNCILWOMAN LATSON : I'm aware of that. COUNCILMAN PENNY: You're questioning his right to do it. COUNCILWOMAN LATSON: I didn't question any rights. COUNCILMAN PENNY: And we always go through the budget line by line. COUNCILWOMAN LATSON: But we went through other budget hearings, where we were told, there was a half a million dollar surplus in the budget. Last year, you voted against the budget based on the fact, that there was surplus in the budget. I am looking at this budget now, and then today, it came to my attention, that these fee increases are included in the revenue line of the budget. COUNCILMAN PENNY: The proposed budget. COUNCILWOMAN LATSON : They have not been included—fee increase have not been included in the revenue line in the past. The Town Board has looked at the revenue lines, and asked for, and the Supervisor has requested of the Town Board to increase a fee increase. That is my experience. We had $775,000.00 surplus going into the budget last year, if I recall correctly, and it was used to offset taxes, and the budget was passed. It was a strict budget. We are being told now, that the budget today, we are $6,000.00 in the hole, because of the past Town Board. COUNCILMAN PENNY: More than 600. Actually it's $775,000.00, that was anticipated in the surplus, that was put in the budget. (tape change.) COUNCILWOMAN LATSON : Which you encouraged to vote down. COUNCILMAN PENNY: Is this some sort of political mumble jumble? COUNCILWOMAN LATSON: It's not political mumble jumble. COUNCILMAN PENNY: We turned it down, Ellen. COUNCILWOMAN LATSON: Yes, which you encouraged, so now we're facing a $600,000.00 deficit, which you have said to us, look, we'll come into office, and we'll straighten it out. We have a $600,000.00 deficit, which we had said from the beginning was going to be passed in the bond. Now, we're looking at a 16.9 percent tax increase. COUNCILMAN PENNY: 14.9 COUNCILWOMAN LATSON: A 16.9, 17%, the budget increase. SUPERVISOR HARRIS: The tax increase is 14.9. COUNCILWOMAN LATSON: A 16.9, 17% the budget increase. SUPERVISOR HARRIS: The tax increase is 14.9—has nothing to do with what is real in tax dollars. COUNCILWOMAN LATSON: I'm talking about budget. I'm not talking about tax dollars. SUPERVISOR HARRIS: I'm talking tax dollars. That's what counts. COUNCILWOMAN LATSON : I'll give you the benefit of the doubt, 14%, and this is on top of it, a $2.00 resident permit fee, from $2.00 to $15.00, a local law zoning appplication, change of zone from. .you know, we're looking at 100,200% increases in everything, so where is the leadership? SUPERVISOR HARRIS: This is your perogative COUNCILWOMAN LATSON : Of course, I can say it, and where is the leadership now. Where is the plan? What's the contingence plan for December 18th? Where is it? Pg 12 - 10/9/90 SUPERVISOR HARRIS: If you would like to start on this, Ellen, I'd be glad to take you on. You're obviously in a mood, that you would like to be in an adversarial position, so I would be glad to take you on, one by one. Let's start with last year with your $650,000.00, that was actually $750,000.00 was budgeted to pay for engineering, and to pay at the same time for bond counsel. The money was in the budget. Somebody decided, we're not going to take $750,000.00 and pay for this. We're going to put it in a bond, that may or not be passed by the taxpayers. COUNCILWOMAN LATSON : That you encouraged not to pass. SUPERVISOR HARRIS: I had nothing. .wait, please let me finish. You had your chance. I have the floor. $750,000.00 was budgeted in '88 for '89 for engineering and bond anticipation counsel. That $750,000.00 somebody decided, we're not going to pay for the engineering of the bond counsel. They took that money, and they put it away somewhere else in the budget, and decided to pay for it out of a bond referendum, that may or may not have passed, when it failed there was no contingency, no backup plan to then pay for that engineering. You still had two months. The Town Board still had two months, November and December, to take care of what was spent already, spent money of, at least, $650,000.00. The Town Board decided not to do anything. Certain members decided, we're not going to worry about it. It's not our problem anymore, and so then it carried over into 1990, which I inherited. COUNCILWOMAN LATSON: 1 think an amendment could have been done. SUPERVISOR HARRIS: But you didn't do it. You had the opportunity. You had November and December. Then on top of that, there was no engineering budgeted, which is another thing. How do you budget for 1990 without putting in any engi- neering? Again, where is that coming from, the bond referendum that failed? So, there's another $300,000.00 that was not anticipated, and then let's get into 1990, when we come to the 1 /60th bill, where in September of 1989, this Town Board negotiated a contract with the PB A, and they never honored that contract in January, never paying the 1 /60th bill, which they negotiated, and honored, and said, this is it. This is what we're giving the PBA. They. never put it in place, so not only did you have $650,000.00, plus $300,000, $287,000. at that time for engineering, then you had another $122,000.00 for 1 /60th, plus another $90,000.00 that was still owed from 1989, which the Town Board hadn't paid. So now, you're over a million some dollars, that this Town inherited, I inherited as Supervisor, and left to say, how are we going to pay for this, already spent? Where does it come from? Do you pull it out of the sky? How do you do it? COUNCILWOMAN LATSON : It was going to be done over a period with the bond issue. SUPERVISOR HARRIS: Which is not the issue. The issue is, that that bond didn't pass by the people, and there was no backup plan. Where was it going to paid from? COUNCILWOMAN LATSON : I have told them, that's were it was coming from. SUPERVISOR HARRIS: And let's get back to the $750,000.00, while we're talking about that. It was budgeted in '88 for '89. Not only was the $750,000.00 budget for engineering, and for bond counsel, there was another $750,000.00, that was left in there, also, for surplus in 1989. A million and a half dollars was used in one year, to offset the amount to be levied by taxes, which created a deficit, or a decrease in the tax rate. A million and a half dollars, never was that kind of money put in place before to eleviate, or reduce the amount levied in taxes. A million and a half dollars in one year, that incredible, that that was done. So, I mean, if you want to know what's going on, I'm telling you what's going on, and why we're in the position that we're in right now. COUNCILMAN WICKHAM: Mr. Supervisor, I move adjournment of the meeting, and we can carry on with discussion. SUPERVISOR HARRIS: We certainly will tomorrow night. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 8 :20 P.M. Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk P APPEALS BOARD MEMBERS "�� `'� SCOTT L.HARRIS Gerard P. Goehringer,Chairman 7 J '� Supervisor �! of Serge Doyen,Jr. `? p Town Hall,53095 Main Road James Dinizio,Jr. e' P.O.Box 1179 Robert A. Villa -�! 7 {J Southold,New York 11971 Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 25, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Appl. No. 4023 - Interpretation and Variance (Cellular One) Dear Mr. Smith: Attached please find a copy of the Board's determination rendered under the above application. In accordance with the rules of the Suffolk County Administrative Code, the file has been transmitted to the Suffolk County Department of Planning for their response. Copies of this determination have also been furnished today to the Planning Board for their site plan file and the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning Mr. William J. Baxter 3 PlA 1PliNG�'?F� . APPEALS BOARD MEMBERS ZI I�J{,� SCOTT L.HARRIS Gerard P. Goehringer,Chairman Supervisor y Ci Jr.,Do en Serge y p � 1 t � Town Hall,53095 Main Road James Dinizio,Jr. ;��4 ?, gip` P.O.Box 1179 Robert A. Villa Southold,New York 11971 Telephone (516)765-1809 � Fax (516) 765-1823 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4023 . CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: ( #415) westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25) , Mattituck, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. WHEREAS, a public hearing was held on July 29, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for an Interpretation as authorized by Section 100-271(d) {1} of the zoning code appealing the March 14, 1991 Notice of Disapproval issued by the Building Inspector which states as follows: " . . .PLEASE TAKE NOTICE that your application dated March 14, 1991 for permit to construct radio tower and structure . is returned herewith and disapproved on the following grounds: Article VII, Section 100-81B site plan approval required by Planning Board & Special Exception required by Zoning Board of Appeals, Page 2 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Section 100-230 on height exceptions may require interpretation by Zoning Board of Appeals. . . 2 . Proposed in this project is the placement of an accessory telecommunications (radio transmission) tower in the rear yard area at premises known as 415 Elijah' s Lane, Mattituck, identified on the Suffolk County Tax Maps as District 1000, Section 108 , Block 4, Lot #11. 3 consisting of 1 . $5 acres. 3 . The subject premises is owned by William Baxter, Jr. and others, and the applicant is the tenant, Cellular Telephone Company, a New York General Partnership (d/b/a Metro one) . 4 . The use of the proposed accessory tower and the rear concrete building for public telecommunications purposes has also been conditionally approved by Special Exception Appl. No. 4022 , and the following information is noted for the record: ( a) Cellular One is a public utility under the Laws of the State of New York and holds a franchise from the Federal Communications Commission to serve the public within the Town of Southold; (b) Cellular One' s FCC Franchise requires that Cellular One provide cellular telephone service within the geographic boundaries of the Town of Southold, providing a quality service consistent with the requirements of the Public Service Commission; (c) Cellular Telephone Co. will conduct mobile communications by radio consisting of mobile units either mounted in vehicles or hand-carried sending to and receiving signals from fixed base sites. Different frequencies are set between cells, and good overlap between cells will permit a better grade of service. Movement to outside of the range of the cell, would cause weaker coverage, and when a cell is missing, coverage is not uniform and service can drop. (See the sworn affidavit of Scott Fox, Director of Engineering for the applicant/company dated July 29 , 1992 in which the steps in determining the necessary height of the antenna for a cell site are provided in detail) ; 5 . The structure which is the subject of this application is a 100 ft. high pole-type structure ( 96 ft. pole plus attached four-ft. high, 12-ft. wide antenna at the top) as shown on the construction diagram prepared by Juengert/Grutzmacher Architects, submitted July 27 , 1992 . This structure is free-standing (separate and detached from any other buildings ) . Page 3 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) 6. Section 100-33 of the Zoning Code specifically provides a height limitation at 18 feet for accessory structures. This restriction is applicable to the Limited Business and Agricultural-Conservation Zone Districts. 7. Height restrictions have always been less than 35 feet for principal structures, and 18 feet or less for accessory structures since the inception of Zoning in April 1957. 8. During January 1989, a subsection was added for certain. height exceptions under Section 100-230D, for: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty ( 220) volts. (2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof and that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent (200) . 9. It is, and has been the opinion of this Board, since the inception of Zoning in 1957, that a structure which is free-standing and is not attached to the top of a building such as those excepted in Section 100-230D are clearly governed by the 18 ft. height provision of Section 100-33 . See the Limited Business Zone District, Article vIII, Section 100-81(C1) , which reads as follows: C. (Amended 5-9-89 by L.L. No. 6-1989) . Accessory Uses. The following uses are permitted as accessory uses and, except for the residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Page 4 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) ( 1) Any accessory use as set forth in and regulated by Section 100-31C( 1 ) through ( 8 ) and subject to the conditions set for in Section 100-33 thereof. . . " ; Section 100-11 does provide that where a provision or requirement which is more restrictive or which establishes the higher standard shall govern. 10 . It is also the opinion of this Board that this structure does not fall under Section 100-230D which applies to television or radio towers or aerials attached to a permanent structure ( such as CB, ham radio, TV antennas, and the like) accessory to the principal building and principal use of the property. It is this Board' s position that the subject pole tower is not a roof-type antenna and is deemed a separate, accessory structure. Accessory structures are governed by Section 100-33 in the Limited Business Zone District; and WHEREAS, public utilities have always been recognized by the Town to provide essential, unrestricted telecommunications services to and for the public, over, on and through its rights-of-way and its land; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that it is the Interpretation of this Board that the height restriction under Section 100-81C( 1) and Section 100-33 of the zoning code is applicable for all types of accessory structures, including those intended for telecommunications and other permitted accessory uses; and BE IT FURTHER RESOLVED, that a variance for a total height as requested of 100 feet for an accessory monopole telecommunications tower to provide utility services directly to and for public use, as applied under Appl. No. 4023 , be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The height of the proposed accessory monopole tower shall not exceed 100 feet, as requested, and shall not exceed the structural dimensions shown on the plan prepared by Juengert/Grutzmacher Architects dated 1-26-91, Job Number 9037-174 (unless necessary and approved for safety purposes) ; 2. The fall-down radius of the tower shall be "as submitted" with the following setback distances : Page 5 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) a) 95 to 103 feet to the northerly property line; b) 69 to 62 feet from the proposed tower to the southerly property line and radius clearance of approximately 40 feet past the southerly property line over onto adjoining property to the south, also owned by William J. Baxter; c) 62+- feet to 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and the tower and equipment building must be continuously maintained in good condition at all times; 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures, buildings, or uses shall Occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as to the Planning Board under the site plan regulations, in order to re-consider this Special Exception and all other zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7. No excessive (disturbing) noise levels; 8. Monitoring shall be as per FCC mandates; 9. Southold Town Appropriate Planningscreening for this and site plan approval from the District; Limited Business (LB) Zone 10. Written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and -e 6 - Appl. No. 4023 _sion Rendered August 18 , 1992 _cter of CELLULAR TELEPHONE (METRO ONE) villa. (Member Dinizio abstained. ) This resolution was duly adopted with a quorum vote of the Board. lk / /0-5"ki� s GERARD P. GOEHRINGER, CHAIFjP DF-CI.ARA'IION OF COVFNAN hS AND RES IPIf: [ 1ON" This Declaration made the �34� day of �•�oJFHatrr I')rr�, b 11'i�rA�[. Baxler, Jr. and Patricia Baxter residing at 1030 E. I'utnanr Averiuc, (;reenwich. f_ ncc :(nd Robert-ft Goeller and Jane P. Goeller residing at 349 Ridge Crest, Santa ft:uh!n;l, pl0, California (hereinafter collectively referred to as "Declarants'') WITNESSIA11 WIIEREAS, Declarants are the owners in fee simple of certain premises sitiml at Maltituck, Town of Southold, Suffolk County, New York, described on file Suffolk ('ointy Wax Map as District 1000, Section 1(I8.(I0, Block 04.00, Lot 11.3 and as more fully descr l"I - in tine attached "Schedule A" and, Lr i WIIEREAS, the Sou Ihold '1'own Zoning Pon rd, in Appeal No. 4023 rendered Ari}lnSt � Pnn IR, 1992 granted a height variance on the property described in Schedule A to pcunit construction of a 100 foot monopol10 radio tower and, is W1IEREAS, the granting of the variance was conditioned upon the filing qif ceIr,,in �q . nn t covenants and restrictions, t , bt D3 NOW, 'THEREFORE, in compliance with the resolution of said Southold "Corn Zoning Board, Declarants herein declare that the land described in Schedule A is held nrnl shall he conveyed subject to the following covenants and restrictions which shall run ilh the land and shall be binding on oll owners, tenants, heirs and/or assigns: 5EC 4 IM 1. The height of the proposed accessory monopole radio lower shall not vy( (,,,d 1110 feet, as requested; 2. The fall-clown radius of the tower shall be as submitted, with the following setback distances: a) 95 feet front the proposed tower to the northerly property line; b) 70 feel +- from the proposed tower to the ' (wutheily properly tin c) 69 meet from the rear wall of the accessory nnc-sn?ry block huildifig, 3. Any future expansion for the storage of the telecomm ilicaiions cquipm-lit to areas outside of the existing one-story block building located in the rear yard will rertnirr further application for Special Exception consideration; and 4. In the event this transmission lower becomes ahsofcic or its us is discontinued for the telecommunications purposes requested in llii:; application, the shall he removed within ihree nurnlhs of its obsolescence, and it shall he the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to enmlihy with this condition, at their own expense; and S. No other structures, buildings, or uses shall occnlw or he located on the premises unless further application is made to this Board under this Special Exception, as well as the planning 130ard under the site plan regulations, in order Io re-consider all zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall he placed near the tnp of the tower ti�rr aircraft safety purposes and in accordance with applicahle Federal Aviation Admini,tratim, regulations and requirements. IN WITNESS WIIERE01', the foregoing Declaration hers been executed by nce Declarants on the clay and year fimt above written. William - axl J. er, Jr. atricia Elaxter ' Y Robe t tilt ("ocller Coeller STA'i'F OF -uT COUNTY OF f ,1 ,_'1 . On the day of W11, Ike 't 1992, before me personally cane• Willi Im J. Baxter, Jr. to m w e known to be the individual described in and wbo executed the forcr,ittlC instrument, anti acknowledged thaf he executed the same. Nutary Public f iPIi STE C 1'cII c .,. .. STA TH OF (c)an-vc_�.tr - COUNTY OF_Lrsnzi,c1_r�On the / '//, day of 1992, befote tnr. personally cattle Panicin Rti xter ct me known to he the indi instrunrcnvidual described in and who executed the foreg,lim, t, and acknowledged (hill she execntc(I the Same. 'till �— --�- Notary Public MARGARETE GRAMLICH NOTARY P1'?'.IC My cammisslon exp;res ";jrch :it. 1998 On the .`3(A day of 0 ,u-t ,ocx,:,7_ 1992, before me Ifersn oally came Rr,l,, 11 fit. GocIfer to me known to be the individual described in and who executed the force„inr instrument, and acknowledged that he executed fltQ same, Nol:,ry Public GRORIA COI UE i ^-r COMM,) V6742^ z t , y,, Nofn, PublIC'Calfo,nlo • T,.3'}'. "/ANIA PARMRA.COl1Nly My csmrn. oxplrm4 z;ro IO,IW6 STATF OF-Cut, COUNTY OF s zct_I_�rl_/lctc_Lz,,, On the :',e,"I day of Ar, � r ,r,;���. 1992, before me personally came .Ilulc 1'. Gocller to me known to bc the individual described in and who executed the forepoint, instrument, and acknowledged that she executed the same. << ._.l es,'.`J �o..�C'� v_. r' ^^-w„*4�.,n.•�.-h*�e.w.Ahri!r1*! T Notary Public i° PI(IPIACt OUT .11 CC'P lM f^67429 y y �' till), . f�. I,vy Public-Cnnkunln ARIA.R'lZOAPA coUflly 1. .,1. nr •P' .r..,T r."TTrn'T^'T'�,�,�'.k�,+ I t._ t .a , ,ill that vermin piece, plot of pareel of bind, wish the buildinsl4 d0d iY,n�•„°w•n,�nl: �i� , ,h th••tr,a 1:00n of and by lAA 2 on n remain mnp entitled " Mop of Al mlioit CI( Ilotnulary i in,,i I,, I c t for Willimn J. Baxter, Jr.. Patricia naxter, Robett P, Cj,t-,Ni And ibne f' ( iocller" ^itll 'i d I fAntliluck, Town of Southold, Sufp,lk County, New Yolk, Od 'filti Gin the I)ffire A Ar 511,, „t the ('amity of Sttffoll: c+rl May I1990 as life No.893'1 001 hoit�;tmr„r I,nttirul.�,h h,.,.",t� I And do=ctihcrl an follow,; BFCHNNING at n Imint on On westerly Ode of lilijah' Lnu ', :,id point bcinli mj) r - I n,„th •tly from ttte inleu;ct;libn of the noithethv lino of the.. Main I(y,fid (Plew York `Ap", i',.,,,,, ?5I r,mi the wester) y lute of filijnh'- Lane, slid I;oint hlRo bt�irtg the! fnulhc,,'letiy <-„tt:•t , , t , t 2 a: --hocvn on the nu,p, 1?•un11in{I 11, 11 olarh'; 77'. nr;'ul" <wtll,, tly litre of f.ot 2, 0815 fvo 0 land now or Rmuctl}I�;of Jas!lyl, Nc.villc; Runninv �i North 21' 08'10" Wert alons said Innd 19.46 feet to it lx,inll''I71nnh lq thanoc North ??' il1'� \feel still Along said Innd and pattiilly along Innd now oh,Ty,t�nel v:of Iho County of ",Wj II ', 10IA7 feet to a pctinl; itunl•ing thence Notth 70' 1o',5o" F..A�jlAlnn� I}nci now or fmmerh -i it C'ontlly of Suffolk'hind 710* or formerly Chump, ,In ('hoi and»iIdod 4i +'Iv or fc»merry Cr.,tn l I,. 1\1nbm, 475.6o foot to the lvestorly line of T?liiah's l,aob, Kit ifnillR �I�nt'.r South 2S° n t' In r .l 177 5r1 feet to Hie point or Place 0TI►.(31ilNR•I( i. I' I y i I i I' IIi IjI I I' � I j , I ,III i SCHEDULE A Y i + I IIII il'I r II ( i tij. u, , STATE OF NEW YORK) )ss . : COUNTY OF SUFFOLK) I, the undersigned, an attorney admitted to practice in the Courts of New York State, certify that the within covenants and restrictions are a true copy of same which were recorded in the Suffolk County Clerk's Office on December 4, 1992 . L11 WILLIAM D. MOORE Sworn to before me this 9t ay of December, 1992 . OTARY PUBLIC LYNN M. BARAUSKAB Notary Public-State of New York Suffolk County-No.472067Q�o Commission Expires Jan. 3 DFICLARM ION ( )I, COVENANTS AND RFS VIZ V,U DEC - 9 This Declaration made the day of tAo\j; Mtor ft Baxter, Jr. and Patricia B I alotel residing at 10.30 Fast Puflulm ANerlue, ;reew, i( II, Connecticut, and Robert Goell(" and Jaffe P. ( ;oeller residing fit 349 Ridge nest, Barbara, California (hereinafter t'eferred to as "Declarants") WI'I'NI;SS17'1'11 WHEREAS, Declarants are tile, owners in fee si'llPle of c,"Inin premises sitimi, :if Mattittick, Town of Southold, Suffolk Comity, New York, described on the Suffolk Como�, T;IX Map as District 1000, Sc(,-ti(jjl 108, Block 04, Ix)t 11.2 and Ns mole fully j in the attached "Schedule A" and, WHEREAS, the Southold I OHM Mill;[47 Board of Al)l)c:ii,;. Ill, resolution 111:1(i, August 18, 1992 granted special ;jj)pI()V�jl to if,, (-r,,lj,, q . - I 1�ir 1 -iepllojl(� I I) d/b/a Metro One for construction ;!,)(I Ilse. ora 1W foot mollopolf r:)dio trallsink6m 11, qq on property abutting the pjeIjliscs described in the attached SCIII'llrilc A. as shown oil attached Schedule It and, WHEREAS, the approval ,, :Is corl(lifillfled upon the filing of (x,ttain covellfillf', ;,"d restrictions, NOW, THEREFORE, ill alicc will, the resolution of ;;lid Southold Zoning Board of Appeals, Declarants herein declare that the land described in Schc(Ild- FEC 4 1997A is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: I No building shall be constructed within the "fall down radius" shown on the attached Schedule B to the extent such radius includes property within the premises described in Schedule A. This covenant shall not prohibit the us ,f the affected area for parking motor vehicles. 2. These covenants and restrictions can he modified only ;it the request of the llr,n owner of the premises with the approval of a majority plus one of. the Zoning Board of lhr Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modifications shall not be requilyd. IN WITNESS WHEREOF, the foregoing Declaration Ir,"s been executed br the Declarants on the day and year first above written. William 1Saer, Jr of-l: , .4_—.�i<-r-� STATE OF t_ Patricia "axter COUN-rY OF On the ?2 day of l , b r 1992, before me personally came William .1. Baxter, Jr. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public r1ITA o ri rly (.nci M'r,inn Expiry; April "0' 1;K'11 COUNTY OF On the (lay of kovk,t 1992 before me personally came Patricia Baxter to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same, Notary Public 1n;aA o. n...) i.:bry I,unfis� F i'ha' l Cr W GY (0""',;iOT1^p!ry April 30, 1976 s 1 4Zobert TI. Goeller jIne P. Goeller S'TA'TE OF A4,o COUNTY OF .SNlr/,g / , ,,• On the 3c-0! day orAict`J oO,'Z 1992, before file personally carve Robert Goeller to me known to he the individual described in and who executed the foregoing`° instrument, and acknowledgal that he executed the same. ce Notary Public ,>..r' GLOPIACOIAIF COMM. /987•12V Notary Public CuliforNa SANTA BARBARA COS Lfy conirn.aapi,a;,IUIJ 18.199G STATE OF r/aC i./'rI',n COUNTY OFS,.,o4,? On the day of /jj',I o 111AI 0 1992, before the personally carve Jane• 1'. Goeller to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public � e J 1' Mofary Put�6r. <.olifprdn SA NIA 13!Iif1Al7l,t'.>t1r711' o - t/comm t {_n �JL1N IP,1441 'rJ"01f"'pf w ALL that certain plot, piece or parcel of land, with the buildings and improvements thet,-ml erected, situate, lying and being at Mattituck, Town of Southold, Suffolk County, State 01 New York, and being more particularly bounded and described ,is follows: BEGINNING at a monument located at the intersection of the 'nTsterly side of Elijah':; Lane and northerly side of Main Road (NYS Rt. 25); HIF'NCE North 84 degrees 45 minutes 40 seconds West 395.38 feet along the norlh�-il\ side of Main Road to a point; THENCE North 85 degrees 36 mint(tes 30 seconds a distance of 91.19 feet to a monumrni: TFIENCE North 85 degrees 30 minutes 40 seconds West a clislance of 69.74 feet to monument at the boundary of property now or formerly of Joseph Neville; FIIVNCE North 23 degrees 08 minutes 10 seconds West 122.49 feet along said land � f Neville; TFIENCE South 77 degrees 06 minutes 00 seconds West 483.05 feet along other prop-t iy now or formerly of Baxter and others to a point along the westerly side of Elijah's Lane; T[]FNCF_', South 25 degrees 09 mimjtes 10 seconds East 298.50 feet along the westerly side of Blijah's Lane to the point or place of BEGINNING. SCHEDULE A I I I I I'RnP l; i( . fn 02' HIGH C,13_.... ' i I goo a �n �IE � �) f3 .�'C� �3 ?i' , C. ns[ u IIInInNnE_IJ =t�- i -'r ' r:nIf rrrinii'ts;Itr i . � -• 1 '' ., it I ��II.'�• ' ,r,�,r Ut f XIS1 . UI UCK ' � I r tr hl . Irl i . I f ' f rri 1 J ,r i, I I!i r I r i .�.. r , 1'ftlJf'�l �p Ix ,'PARK IM; � E. i � Ilr J FUTURE COIISTRUCTIDIN' NOT PERMITTED WITHIN � � i THE HAtOHED AREA SHOWN r , SCHEDUL8 B i I 1J i I I il STATE OF NEW YORK) )SS . : COUNTY OF SUFFOLK) I, the undersigned, an attorney admitted to practice in the Courts of New York State, certify that the within covenants and restrictions are a true copy of same which were recorded in the Suffolk County Clerk's Office on December 4 1992 —4LL MOORE Sworn to before me this 9t ay of December,, 1992 . O NOTARY PUBLIC LYNN M,BARAUSKAS Mgidy PyNio-State of New York Suffolk County-No.472007Q� Commission Expires, 31 ;.IREQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION � ss SECTION-BLOCK-LOT TAX MAP NUMBERS _ v ' iNAME & ADDRESS OF OWNER OF RECORD ` ' 'NAME & ADDRESS OF PERSON PREPARING MAP ! i DATE, NORTH POINT AND WRITTEN & GRAPHIC SCALE /--'DESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES i — ' :LOCATIONS, NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS ,.;LOCATION & OWNERS OF ALL ADJOINING LANDS , AS SHOWN ON TAX RECORDS i ' :J _ ' ;LOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS _ ' !COMPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY EXISTING ZONING 'AREAS SUBJECT TO FLOODING OR STOFLM WATER OVERFLOWS ,;WATER COURSES, MARSHES, WOODED AREAS, TREES 8" IN DIAMETER OR MORE ANY EUILDING WITHIN 100 ' OF PROPERTY PAVED AREAS, , SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS EXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY : FENCING LANDSCAPING AND SCREENING i ., PROPOSED BUILDINGS OR STRUCTURAL IDIPP.OVEMENTS I .4-­ ; OFF STREET PARKING AND LOADING AREAS OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS — ' ; OUTDOOR SIGNS• — 'li 239K SIDEWALKS LOCATIONS WIDTHS: SIZh; nF WATER AND SEWEF. LINES I . ; Project to be completed in accordance with all ZBA requir al #4022 , ;SE & Appeal #4023. 2 ;Handicap requirements by the Planning Board. U 3JA11 Exterior lighting to be sheilded from adjacent lots. �Er 4.;i239K not required as the site acceses a town road. S.IiNo external signs indicated on site plan. 6IParking requirements by the authority of .the Planning Board. ,: Site Plan meets requirements of present zoning and is so certified. .;� Gary J. Fish, Building In vector 0 �9 z 0 4 U H 7 W g3•� w DECLINATION 13° +/-WEST \ 475 . 60 �3pa LP 4.6 3- o 33 '01 Lo - 83. 4 GAR LP �\ �a 01 z LO FP EL L OVERHEAD WIRES T� 01 33. 00 - --__ m \ r 1} N E . ---- Z 4Q „ 81 ° 20 1 STORY FRAME o d BARN o GAR m FF EL \\\ \\ NOTE• fZEFE� TO W 5 I-I E ET 115- I I/S-3 W N 32. 50 \\ \ Folz FU I2TLJEI�. INFo�' I�-IAT1n1�1 . � � O 3`�3' \1 N PROPOSED 100" HIGH \ `� MONOPOLE GAR ~ G9-o \\ 30� \\ L p� O un LO AREA = 80495.5 S.F. FF EL REPO• w N Y �> w 32. 77 \ Q w 1.848 ACRES }a SETOAGK yg t pOL 7f 2 5 010•D T(ji PROVIDE (2) 6.5'A 20' PROPOSED UNMANNED �N — 5.0� GAR TELECOM. EQUIPMENT /y PARKING SPACES FF EL 3j9 III \ \ w z dZ ROOM IN EXIST. BLOCK 1 a ,y1g2 33. 09 5 .3 I\ \ d` M �t BLDG. �• 30 E - ro \ Jt +1 STYm 1 I PROPOSED 10' WIDf \ ± y _ O 6 _o i r, , es' e.�' (z> 5-0" WIDE cwT� �,a ' GRAVEL''DRIVEWAY% LO Io _ L B 5 U B S � - - ZONE 2 (SEE SECTION< 5A1 J _ 'n PROPOSED 6.0" HIGN 0, I j^q5 --- b _ 1_ _ __ \ -_ /� 2°LAYER OF 3/4° QUARRY STONE IF 1W- CHAIN LINK FENCE (INSTALL FENCE TO CLEAM EXIST.TREES AS RECb.1 // = , N tW.o Zara (� r a� I0 8 �00 Og 8 -� L .g2'�_____�S�f___ 3�O \\ W1�5'" COMPACTED LAYER OF 5/6° QUARRY STONE CIF± EXCA TE TOP SOIL CIO Zy4 :252 EP°'� 488 . 05 \\ 2 SECTION THRUYAGRAVEL LAYER DRIVEW I.-� I-� '/' I, _ ' ¢ICI al a! cP 1 2 82 BLUESTONE \ -- AY I Q.K�f..,� Iv G ZAZ 5 I �.� \ o c CONC j DRIVEWAY \ dam �j.2 ¢ ' S87055 ' 12 "W w «31'n 5j15 ,�y1 •�' I ¢ i � I I I \ a I I ¢ I I\ I NOTE a Z /S- I �012 �UIz fHEZ SITE l� I P�4N INFo2M4TI�JN• a o ' � , la Y 1 STORY BLOCK IU �. ¢ \ Z n i lu u ¢ ¢ iw . ¢ u BUILDING 1 � ,. I w \ O y Z \ V M Q ' � Y m W U � W N Lo m H m DO i3t ~ w N Q O O)`� LLl � a M W W � w A IN _ m I N a ro N lu o m 2 W O 3 ESL R . 3 S w J WN Lo u „ t N w ci = u n s Q ROAD W m : o No U u N u SCALE 0 30 60 90 120 a 3 At S IT E f LA IN — C FF 0OrERT`f _-5,J R.y EYr Q. a METRO ONE JOB FFSPONSIBILI-IF`• T iT - ---- - , r 5 •� sca L e : 1":- .3 0 _o'I Qj ISSUED DRRWINGS TO METRO ONE . N JGR PRODUCT, MGR: AL.EX OAkthoNH RERL ESTRTE MGR: I- !-o RIM6a. L1 PRELIMIWFY ONLY (NOT REVIEWED BY JGRI' CARMAN - DWNNE P. C. OF1 �, f�, SITE PLAN I tA� W.,,, CONSTRUCTION 'MGP.: �B'' I"I'°'F°P�� / REVIEWED AM RPrROVED BY JGR CONSULTING ENGINEERS 8 SURVEYORS RRDIO ENGINEER: Gri, lW a wI-1716 i Imo-, OF PROPERTY IN LYNBROOK , NEW YORK REVI5IDDEi EWER AhD RPPROVED BY ." - u STRUCTURAL ENc: peTe ��Y P 4- E . MATTITUCK ,JGR SURVEYORc GIUS kNID 4dbANL rE o BY 2 SUFFOLK CO., N . Y. RICHARD H. 9CHROEDER JR. P.E042762 IZONIN16i MFa2.: M• CERAIZD - i °� 4T°L/ / s.0 ,,, .ky co u . JUDZERT GRUTZMRCFER RSSOCIRTES, PR MAP NO. 91010 DATE: JAN., 1991 "+'f?t�flF:�-:•' a RS,KNAPPCO 0 0 Sectlan 108, Block 4 Section 115, Block 7 L ct(s) Name/Address Lot(s) Name/Address Z 7 Agnes Graboski p q Alfred A Kathleen Delaney P.O. Box 465 Mattituck. NY 71952 > W m °` 5A5 _ s Mattituck• NY 11952 2 Victor Grabowski � 3 Peter J. Signorelli d Wife Mattituck. NY 71952 P.O. Box 372 L 3 Charles. Jr. b Mildred Gardner Y - Eastward Court 18485 Main Road 2 Mattituck• NY 11952 Mattituck. NY 11952 N ' - 1 Barry Murphy b 5.2 Dale A Donald Bergen Main Road Main Road P.O. Box 1230 W + M Mattituck. NY 11952 attituck. NY 11952 IN 5le 5.3 Dale Bergen b iq Jacqueline K. Mitchell b John Mitchell Main flood O1 Main Road = Mdttitu.K. NY 11952 Mattituck. NY 11952 r 9 Howard b Margaret Brodis 6 Nancy E. Kugler Q Q 2675 Bay Avenue RR1 Main Road 'T5 5,45 ^ Mattituck. NY 11952 Box 107A d Mattituck. NY 11952 T %a LOT 10 Marcus H. Burden b Wife r OF 7.1 Alipertl Buovodantona b Irwin Popkin Eastward Court Eastwagua. NY 11935 1235 Montauk HighwayCutcho f hQ' iii�WbAA{Mastic. NY 11950 t� _ TA 11 Carolyn Myron F p z IDI 7.3 Sonja C. Hunter 16V z Box 819 i LD Eastward Court R Perna Lane ; V) Rverside, Connecticut 06878 Mattituck. NY 71952 A q W LOT 59 S11110N ion 12 Lawrence b Bernice Sagan 7.4 Salley Goode flu F 845 El iJahs Lana IpT T1 C"rRIer 25 Burns Street Mattitck. NY 11952 w Q Forest Hills, NY 11375 7.5 Joseph P. Shipman b Wife ] 'Z . "apCHAE�' 13.2 Fred Koehler court 985 Elijahs Lana I s =� s Mattituck. NY 11952 Farmingdale. NY 11735 5A R Joseph Neville b Wife 7 James Joss ph Callaghan b LuAnne 6 W Box 592 640 Eastward Court Mattituck. NY 11952 Mattituck. NY 14952 — H � N 5.41 7.43 North Fork Housing Alliance d 110 South Street z TZ l2 1 Scotian 115, Block B Greenport, NY 11944 `\t\ (Or I+I6 LOT ' s 1A3 115.50 '" �PD IV Lot(s) Name/Address 7.44 Richard b Janet Oddon p w w 7.44 11 65 Founder Path r o 1 Alma Suter Southold, NY 11971 o c o o c 57 Box 843 011.1 °1� 1s,mry FRAW 0New Suffolk Avenue 7.45 b 7.46 North Fork Housing Alliance z z = anx 110 South Street p ll2 tm d Greenport. NY 11944 o elttx + f Y m (OT 6 SE4TIaN IW u WSTRIC( ILYb m 11 .2 WI I I lam Baxter, Jr. b s + MEAN 96-5 SF. BL>K + 1030 E. Putnam a im ,i IF = JB4 ACRES 'b Greenwich. Connecticut 06B30 iw I io iQ - -- U 1 Rpp1 . 71 .3 William J. Baxter. Jr. b ORS u LL is i iJ im 500 LOTAp.SS E u 'W - 1030 E. Putnam ¢ iw i. iu Sl1T•55'12 1pT 5b Graenwi ch. Connecticut 06803 [ Im Nz 12 Cornelius L. Noston b Wife Elijah. Lane S Mattituck. NY 11952 L' Mg IN z m a Section 108, Black 3 C) j W Z Lot(s) Names/Address V 10 G (S,R• = < x 25) /ur 5.2 Martin H. Derrell b Wife ` C6 W j Main Road ci Mattituck. NY 11952 Cb Cq F" Tor O 5.3 Edward Sandberg W ROAD 100 Main Road � ni £ Mattituck. NY 11952 �I W L F 5.6 William A. b Elleen Villa no i w W 260 Elijahs Lane ° lor ' u • Mattituck. NY 11952 L) /be 5.7 Lawrence H. Hofer b Wife 6) Q. m Matti Btuck49 d NY 11952 m o m ` � J [] o wi 41— cr _ 5.8 Terrence E. Matthews b Wife .- z Q J 4 Q/ RR7 - Box 105C F- Elijahs Lane U O ^ n m °3 Mattituck. NY 11952 O Q � � 0 o Q w 3 x r i 5.9 John J. Glovannelli 8 Wife J) i N -Cl) 70 Elijahs Lane Z a&R'k 1 x Q ECTMv /s Mattituck. NY 11952 � ~ r J y7. ,KA � II a n V 5.10 Frank C b Nancy An Todrick 0 � Q P.O. Box 406 r 0 _ Mattituck. NY 11952 = Y .�- : 8 '^ O 1 < � ' 5.44 Hugh J. b Judith C. Leahy 310 Ocean Avenue /' o w Massapequa. NY 11758 F-+I U F-+ z W Y fU Q 5.45 Joseph b Cathleen L. Chipman 0 J 985 Elijahs Lane ° Mattituck. NY 11952 a a Q r ow FTRG ONF QE3 RE 3PONSID11 TTTr`S I - _ ISSUED DRAWINGS TO METRO ONE ° m SCALE JGR PRooucr. MGR: �- >< caRe.o1.1E CARMAN — DUNNE , P. C. oF N[�� S ITS- PL/�N — C500 FT 2ApIUS MAP) PRELIHINRRY ODLY WOT REVIEWED ar Jcw 0 100 200 300 400 500u RADIUS MAP RER� ESTRTE MGR;L`�M�� L.°R11.A�Pl CONSULTING ENGINEERS d SURVEYORS A,P�O� � �P S-,3 SCALD I°= 100� CONSTRUCTION MGR', S NA PI N + REVIEWED RND RPPROVED DY JGR ' oq.�� rrr��� OF PROPERTY IN LYNB O NEW PORK 1 a110 RROIO ENGINEER! 4" gijw WITT'S z�4A1 * + , CI REVISIONS REVSEWEO R D RPPRovED er JGR E. M ATTITUC K y, Q - STRUCTURRL' ENG:��T� T'Ap'"Y L -• '^ OFEDKE[] BY SUFFOLK CO• r N. Y. JOHN J. CAN PLS O49872 !% 0 , JGR SURVEYOR: U ` •�� i1:,�S�> ' 'y1 "'`���Tg� - :' Sf` J s �.p,2.D zv ,V DATE `�E• �J;gi y. r ' �Nlll M4iIR: M G JCENGERT GRUIIMRCFER RSSOCIRTES. PA MAP NO, 91010 DATE: JAN., 1991 ° R 5 KNAPP CO o .3 LOT 2 w DECLINATION ow LOT33� - 131 +/-WEST a \ LOT 7.43 415 . 60 33pa 9 N 7.44 s LOT q.6 D 16 2 a - 3355 'D Cn 83. 4 GAR 3� Lo \ `� �i FF EL _ OVERHEAp (n \\ 33. 00 -WIRES \\ 81020 0� E 3y --------- o = a N 1 STORY FRAME VV m A , ^ s lJ LOT ' 11.2 BRi ARS ` �� ` m or ` 1 z BARN GAR & Z TREES FF EL BLOCK 4 32. 50 z SECTION 108 ¢d N 4 DISTRICT 1000 GAR 30 N 4 FF EL `� REOD• \ � o v' AREA = 804955 S.F. 32. 77 SETBACK N 1` iD 10. 0 \ 1.848 ACRES yja 2 095 0 1 0.0 305T \GAR `` \ FF EL 2 z 0 N 31 q2 33. 09 �5 3 \ ro O 0 STY m 3 Lo w 6 v w O gllit 0 BLK IJ9 BRIARS ZONE t6 . . zD.o 3 3�3 3 n 0 0 m -3ZP- -----' --------- --------- } k 0 0 D Z W 243 00 n 8 ® 8 _--_ o c m 37 _ 3v* f' 3Z2o u �� `D 4I 31yyoo 3 - _ �' [[ v~wi `C�F,S •' `\\ 's - - w • 0. F------------^---- 'C 2 I BLUESTONE j �1EP' 488 . 05 , ry ti z 2k� 0 i DRIVEWAY p ' w \\ a I LOT S doCONC LgJ� 3195 3 5 0 \ N I I I 1 I LOT 11.2 1 STORY BLOCK Z\ I BUILDING I I I I r c ii ru 1¢ > I 1> \ > Iw I ¢ to a \\ C ILL IV ie lu \ \ 1 E � ? _j Lo 2 rn w = cT M a O OA � = c6 W Mq N Y I N N U �/ ° 0 m F In F- N CQ F uj ~ Q u Vo ri Z • o f Q RO,q D U 1 W LL N Q r SCALE 0 o W w Z � 0 30 60 90 120 Fy m W = Y OL 0 n ; J` m .� o f r Q SITS F1_4N -- (OUT tINS. TOP064 AP1-4IC 5UP'VEY OF P�G1F e:{" 1" '(1 (� V o • O z f w .I )- aW C W � METRO ONE JOH RE2PON9I0I1 ITIFS ' n 0 ISSUED DRPIWINGS TO METRO ONE g c N U1 JGR PRODUCT. MGR; At.eX CARCiofJE 2 64' PRELIMiN7F!V MLY WGT REVIENED 6Y . CARMAN - DUNNE P.C. pF NERERL ESTRTE MGR:I- N wQRIM i .t�GCONSTRUCTION MGP.: a IAGUPIr REVIEWED Ra APPROVED BY JGR - _ -OUTLINE a TOPOGRAPHIC CONSULTING ENGINEERS AND SURVEYORS yP �a '' r°S�oA�` ',, � ri> �p° oW FRS c LYNBROOK, NEW YORK O RRDIO ENGINEER: SI_EIJ`4 WITT& z-a-�+r\ r REVISIONS I ED RND APPROVED BY JGR SURVEY OF PROPERTY z° y" "`'"+� o STRUCTURRL ENG: +�ETF_ T-ARP,r ctECKEDeY— �� MATTITUCK , NEW YORK JO J. OS CANO PL S O49872 S JGR SURVEYOR: Gus NI01h-kc ER DATE _. IP �I �' °• 049 ��$' , '' '`�� u ZOJJINI& M(a� = M_ C'tE.�'A -� JWNGERT GRURMAMER R55OURTES, PR .. MAP NO. 91010 DATE:JAN.9,1991 R S.KNAPP CO