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Home My WebLink About5805 II: f2iLE61 ELfE'hiS7i: / r:L_~__________n /"3-,(p J.330b fYJp"D f!:b Oe/GIJ/ ) ~ 10f - s:E." Wt-f.;/tOC:t;-S!J.oT 5/2-E )IIEiCs!;T - hef D IS/tIc:! --r; CUE/:- <oj 7l=/,[QJ/J1MD,u1 ?/l71tJ/J5 -/# JD/';lt/cq, /1/W/o4j /J)/tR/orI. iJiJ/tJ6; r:213/~ ::'/0/0C/-- 1ft-I ~.{/EP tIhk. fa' 0/" / ;;)fO 5~c - __ J ()6'~ .- 61::: -Pu6J../6 OJ;L'7 USe jJfJ 3/3010/' 1tJ..'50 6EE~t:,30riJ fin1EiJDMas7= 1/;a/M Dro JfC/ITw ~, ' ' APPE//~LS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard R Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 R~CEI¥~D~-~-~ UAY 2 3 2006 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 13, 2006 Appl. No. 5805 - ClNGULAR WIRELESS; NEXTEL; VERIZON WIRELESS (Co-Applicants) Zone District: R-80 Residential Property Location: 23300 Main Road (State Route 25) and Tabor Road, Orient CTM 1000-18-5-13.8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adveme effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 4.355 acres, situated on the south side of the Main Road (NYS Route 25) and the east side of Tabor Road in Orient. The property is improved with the following buildings and structures: (a) fire station with an existing antenna facility and (b) detached metal building. BASIS OF APPLICATION: Zoning Code Section 100-162A, and the Building Department's March 14, 2006 Notice of Disapproval, which states the applicants' proposal requires a Special Exception from the Southold Town Zoning Board of Appeals (and site approval from the Southold Town Planning Board). CODE PROVISIONS: TELECOMMUNICATION TOWER -- A telecommunication tower is a type of wireless communication facility designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting tower, guy-wire support tower and other similar structures. A wireless communication facility attached to an existing building or structure shall be excluded from this definition. [Added 11-12-1997 by L.L. No. 26-1997] WIRELESS COMMUNICATION FACILITY -- Any unstaffed facility for the transmission and/or reception of wireless telecommunications services or other radio transmission and/or receiving service or use usually consisting of a wireless communication facility array, connection cables, an equipment facility and a support structure to obtain the necessary elevation. The support structure is either a building, telecommunication or radio antenna or tower or other approved structure. [Added 11-12-1997 by L.L. No. 26- 1997; amended 2-2-1999 by L.L. No. 3-1999] Page 2 - April 13, 2006 Appl. No. 5805 - C]ngular, Nextel, Verizon 18.-5-13.8 at Orient FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006 and March 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: APPLICANTS' REQUEST: The Applicants are seeking to install a public utility wireless telecommunications facility at the premises by affixing wireless telecommunications antennas within an approved pole to be built, and to install related equipment as required to be functional. ~[,ATED [NFO~ATION: The owner of the property, the Orient Fire District (OFD), has a current building permit (the first having been issued June 22, 2006 under No. 31215), by the Southold Town Building Inspector for a 90 ft. high telecommunications tower facility. The OFD has an existing antenna facility at the Orient Fire Station, also used by the Town Police Department to transmit and receive messages to and from its various mobile units, marine units and personnel patrolling the areas and adjacent waters. The purpose of the requested wireless communications tower to provide improved emergency communication services for the entire area lying east of the East Marion causeway. Following approvals by the town agencies (but prior to the start of actual construction), the Commissioners of the OFD retraced their efforts to assure the most unobtrusive location for the crucially needed tower, and have, with recommendations for local authorities and members of the Orient community, determined that a location directly south of the existing main firehouse building would better suit the needs of the District and the interests of the community. This location is fairly close to where an existing radio transmission facility is located, which tower will be removed once the new public safety communications system becomes fully operational. RELATED FACTS: The property is 4.35 acres in size, with 341 linear feet along Tabor Road, a side street, 226 linear feet along the Main Road (State Route 25), 570.76 linear feet along the most southerly property line, and variables along the easterly property line of 169.30 and 287.60 linear feet. The fire house is closest to the Main Road, and the tower is proposed behind the OFD building. The Orient Fire District has an existing antenna facility at the Orient Fire Station, also used by the Town Police Department to transmit and receive messages to and from its various mobile units, marine units and personnel patrolling the areas and adjacent waters. The purpose of the requested wireless communications tower facility is to provide improved emergency communication services for the entire area lying east of the East Marion causeway. The new wireless telecommunications tower is in the process of being constructed at the rear of the fire house, behind the metal building, on this 4.35-acre parcel. The tower is ' "' Page 3 - April 13, 2006 Appl. No. 5805 - Cingular, Nextel, Verizon 18.-5-13.8 at Orient proposed to be located south of the fire department's metal building located in the rear yard, distant 145+- feet from the northerly property line at its closest point, 140+- feet from the easterly property line, 135+- feet from the southerly property line, and at least 315 feet from Tabor Road to the west. The telecommunications use requested herein on the same telecommunications tower that was approved under ZBA Appeal No. 5408 and Building Permit issued June 22, 2005 under Permit No. 31215-Z to the OFD (special district under Section 100-162A), except that it has been moved closer to the buildings on the same parcel, and the co-applicants, as public utilities, wish to co-locate with the consent of the owner/special district (OFD). RELATED INFORMATION: By application dated 6/27/03, the OFD stated that an antenna height of at least 90 feet is mandated, to provide the coverage necessary to reach the furthest extent of the mainland Southold, on physical sciences governing public service radio communications. The OFD and Town Policy Public Safety indicate a height at 90 ft. AGL is required, with 'low band' vertical whip antenna and future carrier antennas (see plans prepared by Michael Walker Design/Builder dated 1015104). At the top of the OFD's tower is a 9'6" dipole array to be externally mounted, 2.5" in diameter. During the hearings, concerns were expressed and disputed by residents as to whether or not the public utility is eligible to place its antenna facility and use on the site, since the new tower is not existing, although the tower has a valid and current building permit in effect for its construction. OTHER CONSIDERATIONS: In addition to the matters to be considered in Article XXVI of this Code, the Zoning Board of Appeals has given consideration to the following in issuing a special approval for wireless communication facilities: (1) The height of the proposed tower is the minimum necessary to render adequate service. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. Page 4 - April 13, 2006 Appl. No. 5805 - Cingular, Nextel, Verizon t8.-5-13.8 at Orient (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts or obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: The new wireless communications tower will be co-located on a new telecommunications tower, to be constructed in place of the existing OFD telecommunications tower facility, and will meet the height and restrictions placed by the ZBA under Decision No. 5408. 1. The proposed Communications Facilities consist of the installation of three (3) sets of panel antennas, each set representing one wireless carrier, internally mounted within a recently approved 90' high monopole. The monopole will be situated immediately behind the south end of the OFD firehouse, and associated equipment cabinetry for each carrier mounted alongside the monopole within a fenced and screen compound. The co- applicants' proposal represents the least obtrusive means for three (3) FCC licensed telecommunications carriers to provide service in the vicinity of emergency, fire, police, ambulance companies and departments need wireless mutual aid communication systems. The mutual aid and Individual (private) ambulance, radio and other aid companies are involved with the mutual aid system. There are existing dispatch problems, problems in scene management, fire safety issues, and fire ground operation issues. The fire departments and other companies join together to assist as needed, with fundamental resources (iow-band paging and radios). These systems clearly need to be improved and expanded and to provide for more effective long-range communications and senior managing during multiple fire ground and other emergencies. Because safety of citizens and fire personnel is of primary concern, an improved wireless communications facility is necessary and desirable. 2. Other experts, including that of members of the Orient community, gave unrebutted testimony that effective coverage of the subject area can be provided by a communications tower of 90 feet or less. 3. While safety is the primary concern, other values, such as aesthetic considerations, character of the neighborhood, and preservation of the scenic nature of the State- designed Scenic Byways Corridor must be heeded to the extent that they do not compromise the tower's effectiveness in the locale It is designed to serve. In addressing visual concerns, the applicant has offered: a) a neutral color and flagpole design, and b) to locate the structure behind the existing OFD buildings as far south from the Main Road as feasibly possible. These measures do not satisfy the concerns about visibility, since Page 5- April t3, 2006 Appl. No. 5805 - Cingular, Nextel, Verizon 18.-5-t3.8 at Orient the tower will be visible particularly at the top half portion of the tower where the antennas are visible over the existing buildings and tree lines and not screened from view. A tower structure at 120 feet in height compromises the scenic and historic surroundings along the State designated Scenic Highway Corridor and is not consistent with the surrounding rural character of this area, with clear visibility from various segments of the lands surrounding the tower site. The installation of these antennas and public utility telecommunications facility, on a telecommunications tower approved under appeal No. 5408 and Building Permit #31215-Z issued June 22, 2005 will be a reasonable alternative to placing a new tower facility on another site to serve within the gap of service for this community, and will meet the strict requirement of the Zoning Code Section 100-162-A. 4. It is the Zoning Board's determination that the co-location of the three antennas onto a new 90 ft. wireless communications/telecommunications tower, to be built at this site of the OFD, is allowed in the R-80 Residential Low-Density Zone District by Special Exception. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Simon, and duly carried, to GRANT zoning approval under Section 100-162A, for public utility antennas and telecommunications use, as applied and shown on the site and pole elevation maps prepared by Michael Walker signed 3/6/2006 (with ZBA date stamp of March 8, 2006), SUBJECT TO THE FOLLOWING CONDITION: Applicant shall post a bond, in the favor of the Town for the purpose of guaranteeing to the Town that in the event the use of the proposed Tower is discontinued and not used for telecommunication purposes, the applicant herein will faithfully cause the tower to be decommissioned, deconstructed, demolished or otherwise removed from the site, with the site restored to its original condition. Based upon the submission of the applicant and reviews by the Town Engineering Inspector, the recommended amount of such bond shall be not less than $10,000, subject to the approval and acceptance by the Town Board and in a form accepta~;IJe.~e Town Attorney. Vote of the Board: Ayes: Members Olive (Chairwo~'~n), Goehr~ger, ~S'~ Weisman. This resolution was duly adoptedT.~,.~/~_ J~...... / Ge~ P G~er- '5'F/,~/06' DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE August 23, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Ruth D. Oliva, Chairwoman Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Pursuant to Section 239L & M of the General Municipal Law, the following site plan(s) which have been submitted to the Suffolk County Planning Comrff~ssion is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Site Plan(s) ~ ,.~ ((0,~ Cingular/Orient Fire Department SCTM No. 1000-018-05-13.8 NOTE: Does not constitute acceptance of any zoning action(s) associated therewith before any other local regulatory board. Very truly yours, Thomas Isles, AICP Chief Planner APF:cc G:\CC HO RNY~.O NING~.O Nm NG\W ORKIN G\LD2004~39 k D.W PD LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631} 853-4044 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 2, 2006: 9:30 A.M. ClNGULAR/NEXTEL/VERIZON WIRELESS/ORIENT FIRE DISTRICT #5805. Request for Special Exception under Section 100-162A for public utility telecommunications antennas to be co-located with the Fire Department's telecommunications antenna and tower use, and related accessory equipment shelter structure, at the Orient Fire House Parcel, 23300 Main Road, Orient; CTM 18-5-13.8. Zone District: R-80. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: February 6, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN FORM NO. 3 NOTICE OF DISAPPROVAL TO: MAR 1 $ ~006 DATE: October 12, 2005 RENEWED: March 14, 2006 Munley, Meade, Nielsen & Re A/C Orient Fire District (CINGULAR) 36 North New York Avenue Huntington, NY 11743 Please take notice that your application dated September 23, 2005 RECEIVE For permit for co-location of a wireless antenna on an existing telecommunications tower with related equipment structure at Location of property: 23300 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block5 Lot 13.8 Is returned herewith and disapproved on the following grounds: The proposal requires special exception f~om the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board. You mil-~pply to both of these agencies directly. X'~Autl riz ed~ure Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., Planning TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Co-Applicants I (We)~.New Cingular Wireless PCS, LLC 2. ~ex~e] ~fNew Y~rK,. Inc. d/b/a ~ex~e/ bommunl ca~l ohs 3. ~¢WXo~kS~SA Li~it~dPartnership Application Date Filed: (1)333 Crossways Park Drive, Woodbury, NY11797 of(516) 677-6503 (2 ne orth Broadway, 10601 ~9141 421-2600 Whi~ePlains, NY (3)4 Centerock Rd., Rockland Corporate Park hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE XVI , SECTION 100,162 , SUBSECTION A for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Premises: 23300 Main Road, Orient, NY SCTM#: 1000-018.00-05.00-13.008 Install a public utility wireless telecommunications facility at the premises by affixing wireless telecommunications antennas within an approved pole to be built by others, and install related equipment as depicted on plans submitted herewith. A. Statement of Ownership and Interest. Orient Fire District is(are) the owner(s) of property known and referred to as 23300 Main Road. Orient (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 18 , Block 5 , Lot(s) 13.8 , which is not (is) on a subdivision Map (Filed , "Map of "Filed Map NO. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on November 14, 1985 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The proposal represents the least obtrusive means for the three (3) FCC licensed telecommunications carriers to provide service in the vicinity of the proposed site, inasmuch as the antennas for each of the carriers will be enclosed within the approved flagpole and will not be visible to the public. C. The property which is the subject of this application is zoned R-80 [ x] J.s consi~n~ with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): and [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworll to before ~ tbis~l ~otary ~utYlic)- ZB2 (rev. 2/6/86) New Cingular~rleles~,~ PCS, LLC ~ B~igna~s~Sweet,x~.~ System Development Manager -- *See ~t~ched Addenda for Co-Applicant ____ Signat~-res. LAWt:tENCE C. RE' Not~ Public, State of New Yo~ NO. 52-4799664 Qualified in Suffolk Counl~hm,~dZ.x Ccm~niesion Expires May 31, APPLICATION TO THE TOWN OF SOUTHOLD BOARD OF APPEALS FOR SPECIAL EXCEPTION ADDENDUM "A" Signature Page Premises: SCTM#: 23300 Main Road Orient, New York 1000-18.00-05.00-013.008 Application Signature Page As to Co-applicant (2) NEXTEL OF.~ [ Y/~K~'i~. d/h/a NEXTE~QOMMj By: //~,/~/ ~ ~:~:~ ~Site Development Swoyn to before me this o~°s* day of,D~M~&:r,, 2005 ? KYLE A. RUSSELL My OommlaNon Expires August 4, 2009 I.D. No.: 2817834 APPLICATION TO THE TOWN OF SOUTHOLD BOARD OF APPEALS FOR SPECIAL EXCEPTION ADDENDUM "B" Signature Page Premises: SCTM#: 23300 Main Road Orient, New York 1000-18.00-05.00-013.008 Application Signature Page As to Co-applicant (3) NEW YORK SMSA LIMITED PARTNERSHIP d/b/a Sw~or~ to before me this ~5*~x day of~2005 N T(~.ARY PUBLIC MAURA POWERS NOTARY PUBLIC, State of New York No. 01 PO501S55B Qualified in Nassau Count-~ Commission Expires Sept. 27~--~)(~) 9.2 20 2g 2.4A 22 26,9 March 8, 2006 BY HAND Ms. Linda Kowalski MEADE, NIELSEN & 1~1~ Town of Southold Zoning Board of Appeals P.O. Box 1179 53095 Main Road Southold, NY 11971 (031) 425-4100 (031) 425-4104 Application of New Cingular Wireless PCS, LLC, Nextel of New York, Inc., and New York SMSA Limited Partnership d/b/a Verizon Wireless For Special Exception Approval Proposed Wireless Telecommunications Facility Premises: Orient Fire District 23300 Main Road Orient, New York SCTM#: Section 18, Block 5, Lot 13.8 Dear Linda: Pursuant to our recent telephone conversations regarding the captioned Application, we are submitting, herewith, seven (7) counterparts of revised zoning drawings, including Drawing AI,"Plot Plan and Pole Elevation" and A2, "Compound Plan with Planting", reflecting the new pole location proposed by the Orient Fire District. Very truly yours, MUNLEY, MEADE, NIELSEN & RI~ By: Lawrence C. R& Lawrence C. R6 LCR:db Enclosures APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 13, 2006 Appl. No. 5863 - ORIENT FIRE DISTRICT Zone District: R-80 Residential Property Location: 23300 Main Road (State Route 25) and Tabor Road, Orient CTM 1000-18-5-13.8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 4.355 acres, situated on the south side of the Main Road (NYS Route 25) and the east side of Tabor Road in Orient. The property is improved with the following buildings and structures: (a) fire station with an existing antenna facility, and (b) detached metal building. BASIS OF APPLICATION: The Building Inspector determined on March 1 and March 8, 2006 (as amended), that the relocation of the OFD communications tower will require approvals under Section 100-162A (1) and (3) by the Zoning Board of Appeals. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: This application is strictly limited to a proposed change in location for a 90 ft. high wireless communications tower to be erected and used by the applicant, Orient Fire District ('OFD'). Previous approvals for this facility were granted on March 31, 2005 under Appeal No. 5408 with respect to Code Sections 100-162A, for the same 90 ft. high tower and use by the special district (OFD). RELATED INFORMATION: The Orient Fire District has a current building permit issued June 22, 2005 under No. 31215, by the Southold Town Building Inspector. The OFD has an existing antenna facility at the Orient Fire Station, also used by the Town Police Department to transmit and receive messages to and from its various mobile units, marine units and personnel patrolling the areas and adjacent waters. The purpose of the requested wireless communications tower to provide improved emergency communication services for the entire area lying east of the East Marion causeway. Page 2 - April t3, 2006 Appl. No. 6863 -Orient Fire District t8.-5-'13.8 at Orient requested wireless communications tower to provide improved emergency communication services for the entire area lying east of the East Marion causeway. Following approvals by the town agencies (but prior to the start of actual construction), the Commissioners of the OFD retraced their efforts to assure the most unobtrusive location for the crucially needed tower, and have, with recommendations for local authorities and members of the Orient community, determined that a location directly south of the existing main firehouse building would better suit the needs of the District and the interests of the community. This location is fairly close to where an existing radio transmission facility is located, which tower will be removed once the new public safety communications system becomes fully operational. RELATED FACTS: The property is 4.35 acres in size, with 341 linear feet along Tabor Road, a side street, 226 linear feet along the Main Road (State Route 25), 570.70 linear feet along the most southerly property line, and variables along the easterly property line of 169.30 and 287.60 linear feet. The fire house is closest to the Main Road, and the tower is proposed behind the OFD building. The tower is the same as that approved under Appeal No. 5408 and Building Permit issued June 22, 2005 under Permit No. 31215-Z, except that it has been moved closer to the buildings on the same parcel. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: The applicant, Orient Fire District, is an established special district for emergency communications on at least 4.35 acres of land. The OFD maintains at its fire station an antenna tower for communication transmissions to and from this site, and the new wireless communications tower would be in place of its existing tower facility. In addressing visual concerns, the applicant has offered: (a) a neutral color and flagpole design, and (b) to locate the structure behind the existing OFD buildings, and (c) to move the tower closer to the buildings. 1. The emergency, fire, police, ambulance companies and departments need of wireless mutual aid communication systems. Individual (private) ambulance, radio and other aid companies are involved with the mutual aid system. There are existing dispatch problems, problems in scene management, fire safety issues, and fire ground operation issues. The fire departments and other companies join together to assist as needed, with fundamental resources (Iow-band paging and radios). These systems clearly need to be improved and expanded and to provide for more effective long-range communications and senior managing during multiple fire ground and other emergencies. Page 3 - April t3, 2006 AppL No. 5863 - Orient Fire District 18.-5-13.8 at Orient 2. Grant of the amended location, on the same site, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 3. The demonstrated difficulty is not self-created insofar as the safety considerations the tower will address are the result of problems of inadequate communications based on the current state of the science of radio communication. 4. While safety is the primary concern, other values, such as aesthetic considerations, character of the neighborhood, and preservation of the scenic nature of the State- designed Scenic Byways Corridor must be heeded to the extent that they do not compromise the tower's effectiveness in the locale it is designed to serve. In addressing visual concerns, the applicant has offered: a) a neutral color and flagpole design, and b) to locate the structure behind the existing OFD buildings as far south from the Main Road as feasibly possible, and (c) to move the location closer to the OFD building. 5. Also, affer considering the heights of the existing towers in Mattituck and Southold, and the police request for a 90 ft. high AGL system, it is the Board's determination that a 90 ft. tower by the OFD is the minimum necessary to be sufficient for the purposes requested. 6. The OFD does not own any other property other than the subject parcel, and the benefit cannot be sought by some method, feasible for the applicant to pursue, other than an area variance for the amended location on this parcel. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, shown on diagrams prepared and signed March 6, 2006 by Michael Walker. Vote of the Board: Ayes: Members Oliva (Chairwoman), G~hringer, Di~D.nizio, Simon, and Weisman. This resolution was duly adopted (5-0)..~~- ~./ ~?' )~'~ /~ // ..Gerard P. Goehringer 5/1/200,~X~ ~'..,*"Approved for Filing ~ AFFIDAVIT BEACON WIRELESS MANAGEMENT, et al. Site Location: ORIENT FIRE DISTRICT 23300 Main Avenue Orient, New York 11957 Suffolk County Tax Map # 1000/18/5/13.8 DATE OF HEARING March 30, 2006 PREPARED FOR TOWN OF SOUTHOLD BOARD OF APPEALS Town Hall 53095 Route 25 Southold, New York 11971 PREPARED BY Mr. Michael Lynch LYNCH APPRAISAL LTD. 15 Dewey Street Huntington, New York 11743 (631) 427-1000 AFFIDAVIT OF MICHAEL J. LYNCH STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) MICHAEL J. LYNCH, being duly sworn, deposes and says: 1. I am President of Lynch Appraisal Ltd. with offices at 15 Dewey Street, Huntington, New York. I am a certified New York State general real estate appraiser. I have been qualified to testify as an expert witness before the Town of Huntington Zoning Board of Appeals and Town Board, Town of Oyster Bay Board of Zoning Appeals and Town Board, Town of Hempstead Zoning Board of Appeals and Town Board, Town of North Hempstead Zoning Board of Appeals, Town of Babylon Zoning Board of Appeals and Town Board, Brookhaven Board of Zoning Appeals, Town of Smithtown Board of Zoning Appeals and Town Board, Town of Shelter Island Zoning Board of Appeals, Town of Islip Planning Board, Town of Riverhead Town Board and Planning Board, Town of Southold Zoning Board of Appeals, Town of Southampton Planning Board, as well as numerous incorporated villages and municipalities throughout Nassau and Suffolk Counties. 2. On February 10, 2006, at the request of Beacon Wireless Management, Cingular Wireless, Nextel Communicatations, and Verizon Wireless, I inspected the proposed site located at 23300 Main Road, Orient, Town of Southold, State of New York (the "Property"). The Property is also known and designated by Suffolk County Tax Map: District 1000, Section 18, Block 5, Lot 13.8. I am fully familiar with the Property, the neighborhood in which it lies, and I am fully familiar with the proposed wireless communications facilities (the "Communications Facilities"). 3. The proposed Communications Facilities consist of the installation of three (3) sets of panel antennas (the 2 "Antennas"), each set representing one wireless carrier, internally mounted within a recently approved 90' monopole (the "Monopole") on the grounds of the Orient Fire District. The Monopole will be situated immediately behind the south end of the firehouse. There will also be associated equipment cabinetry for each carrier mounted alongside the Monopole within a fenced and screened compound. 4. The Property is within a residential (R-80) zoning district, located at the southeast corner of Main Road (S.R. 25) and Tabor Road, totaling 4.40± acres in area. It is improved with a firehouse, large metal storage building, radio lattice tower, blacktop parking areas and driveways, and extensive lawn cover. It is abutted on its east and south by single-family residences and vacant residential land. Opposite to the north, across Main Road, is the Oyster Ponds Union Free School District property. To the west, along Tabor Road, are the Orient Cemetery and two (2) mixed-use storage buildings. Nearby are a church property, additional residences, vacant land, and the Orient Central Cemetery. Accordingly, it is my professional opinion that the proposed Communications Facility will not negatively affect property values in the surrounding area and will not have any adverse effect on the character of the neighborhood or the pattern of its development. The Communications Facility will be internally mounted within a recently approved Monopole and, therefore, the Antennas will not be visible. The property values, neighborhood character and pattern of development are well established by existing conditions and uses within the area. 5. In addition, my opinion is supported by studies we have conducted regarding other wireless facilities. We have studied the effects of the installation of wireless telecommunications on water tower sites at Langdon Road, South Farmingdale, New York; Arlington Avenue, Franklin Square, New York; and Raybor Road, Del Lane and Wicks Road, Commack, NY. We have studied the effects of an existing 300' lattice tower on new luxury housing homes at 3 Southwoods Road, Woodbury, New York. We have studied the effects of a rooftop wireless site at Glen Cove Road, East Hills, New York. We have studied the effects of monopole antenna sites at Rte. 110, Farmingdale, New York; Port Washington Boulevard, Port Washington, New York; and North Country Road, Shoreham, New York. And we have studied the effects of a 150' "tree pole" monopole on a housing development in Searingtown, Roslyn, New York. These studies are summarized as follows: A. Water Tower Site, Langdon Road, South Farminqdale, New York. Wireless antennas went on-line affixed to this water tower site on April 1999. This tower is situated in a stable residential neighborhood comprised of a relatively homogenous group of split- level style, single-family dwellings. Our staff compared sale prices of homes in the immediate area (up to 3 blocks away) before and after the on-line date of the antennas. Our "before" data, which included eleven (11) sales running from 4/96 to 1/99, was compared with "after" data, which included twelve (12) sales running from 5/99 to 10/00. The average price per square foot of the homes in the before and after groups was 33% higher for the latter, but nominally similar after adjusting for market appreciation. As such, the antennas did not appear to lead to a devaluation of nearby property values around the site. B. Water Tower Site, Arlington Avenue Franklin Square, New York. Wireless antennas went on-line affixed to this water tower site on January 1998. This tower is situated in a stable residential neighborhood comprised of a relatively modest and homogenous group of single-family dwellings. Our staff compared sales data (price per square foot) of homes in the immediate area (up to 3 blocks away) before and after the on- line date of the antennas. Our "before" data, which included eight (8) sales running from 11/95 to 10/97, was compared with "after" data, which included six (6) sales running from 3/98 to 7/00. The average price per square foot of the homes in the before and after groups was 21% higher for the latter, but nominally similar after adjusting for market appreciation. As such, the antennas did not appear to lead to a devaluation of nearby property values around the site. C. Water Tower Site: Raybor Road, Del Lane and Wicks Road, Commack, NY. 213'± high existing water tank with cellular 4 antennas and associated equipment installed mid-summer of 1999. The neighborhood studied lies to the east of the water tank, with a town park (comprised primarily of cleared and vacant land housing ball fields) sandwiched in between. This neighborhood was chosen for the study because; 1.) It is comprised of a homogenous grouping of "builders" split-level homes all constructed around the same time, and; 2.) This neighborhood has the clearest line of site to the water tank. Our staff analyzed sales data of homes from the above detailed neighborhood which included eleven "before" sales (sales occurring prior to the installation of the first cellular antennas on site in mid-summer of 1999) running from 11/94 to 6/99 as well as a grouping of "after" sales data, which included seven sales running from 8/99 to 6/04. The average price per home during the period studied from 1995 to mid-1999 (a period when residential rates of appreciation were stable to modestly upward) was $190,000. Comparing that average sale price of $190,000 to the "after" grouping of sales sampled spanning 8/99 through June 2004 with an average sale price of $390,000 indicated a total rate of appreciation over the period analyzed of 105%+ or an average annualized rate of 20%+. Upon determining the rate of appreciation for sales of homes spanning the "before" and "after" periods studied, we then compared said rates to rates of appreciation for the larger community and the region in general. Data sources included MLS of Long Island as well as other local trade and news sources. An analysis of said source data indicates that median home sales prices in Suffolk County increased at a compounded rate of nearly 16% from 10/98 though 10/01. In 2003, CNN reported that the average annualized rate of increase for residences situated in the Nassau-Suffolk region was 23%+. More recently, MLS data indicates rates of appreciation for Suffolk County during the period June 2002 through June 2004 of 17%+/annum. Finally, MLS indicates a rate of appreciation over the last year for homes situated within the Commack zip code of 11+%. In comparing the rate of appreciation indicated in our study of this neighborhood (20%+) to the rates indicated for the community of Commack and the Suffolk-Nassau region at large (11%-23%), we concluded that property values in the neighborhood have not been negatively affected by the installation of a cellular antenna facility at the nearby water tank site. This is evidenced by the rate of appreciation of homes in the neighborhood studied which have kept pace with those enjoyed by the larger community and regional marketplace. Because the rate of appreciation in the neighborhood studied is in line with the larger market, it is reasonable to conclude that values in this neighborhood were not "held-down" as a consequence of any perceived negative affect of being proximate to a facility housing cellular antennas. 5 D. 300' Lattice Tower, Southwoods Road, woodbury, New York. An existing 300' telecommunications tower sits along the west side of Southwoods Road, opposite Shannon Drive. Across the street from this tower is a series of housing developments of luxury homes that were built from 1994 to 1999. Many of the homes in these developments are within clear sight of the tower. In addition to researching overall sales in the Woodbury-Syosset area, we included looking at other home sales within the same developments that were not within direct sight of the tower, but otherwise similar to the affected homes. Our research indicates that the selling prices of the affected homes far exceeds the average selling prices of homes in the Woodbury-Syosset area, based on Multiple Listing sales data. Furthermore, the selling prices for the affected homes was similar to that of homes within the same developments that were not within direct sight of the tower. The following data reflects sales of homes along those streets within view of the tower, and average sales prices in the Woodbury-Syosset area: PRICE RANGE OF HOMES (FROM 1994-1997) ALONG SHANNON DRIVE, PIRONI COURT, AND CHAUNCEY PLACE: $500,000 - $747,000; AVERAGE $626,000 AVERAGE 1997 SALE PRICE IN WOODBURY BASED ON MLS DATA: $491,565 AVERAGE 1996 SALE PRICE IN WOODBURY BASED ON MLS DATA: $434,647 AVERAGE 1997 SALE PRICE IN SYOSSET BASED ON MLS DATA: $402,878 AVERAGE 1996 SALE PRICE IN SYOSSET BASED ON MLS DATA: $357,172 Our research has concluded that the presence of not had a negative effect on real estate values that are within sight of the tower. this tower has for those homes E. Rooftop Antennas~ 70 Glen Cove Road~ East Hills, New York. Wireless antennas were affixed to the rooftop of this 3-story office building in late 1997. This building is bordered to east, north/east and south/east by a relatively homogenous group of mid-priced single family dwellings, sharing similar appeal and utility. These include Colonial, Cape and Split-level styles, and are situated within the Red Ground Civic Association. Our staff compared sales data of homes in the immediate area (up to 3 blocks away) before and after the on-line date of the antennas. Our "before" data, which included eight (8) sales running from 10/94 to 4/97, was compared with "after" data, which included twelve (12) sales running from 1/98 to 8/00. The average price per home in the before and after groups was 20% higher for the latter, but nominally similar after adjusting for market appreciation. As such, the antennas did not appear to lead to a devaluation of nearby property values around the site. F. Monopole Antenna Site, Rte. 110, Farmingdale, New York. A 120'± monopole was erected at the south end of a retail store parking lot in approximately Fall 1999. This property is adjacent to a residential neighborhood comprised of modest- priced, detached single-family dwellings of Hi-Ranch, Cape Cod and Colonial styling, all sharing similar utility and appeal. Our staff compared sales data (price per square foot) of homes in the immediate area (up to 3 blocks) before and after the installation date of the monopole. Our "before" data, which included eight (8) sales running from 12/98 to 9/99, was compared with "after" data, which included eight (8) sales running from 6/00 to 8/01. The average price per home in the before and after groups was 28% higher for the latter, but nominally similar after adjusting for market appreciation. As such, the tower did not appear to lead to a devaluation of nearby property values around the site. G. Monopole Antenna Site, Port Washington Police Department, Port Washington Blvd., Port Washington, New York. A 100'± monopole mounted w/cellular panel and police antennas was erected on this site in approximately August 1992. This property is adjacent to a small residential development comprised of a homogenous group of mid-priced single-family dwellings. Our staff compared sales data of homes in the development before and after the installation date of the monopole. Our "before" data, which included ten (10) sales running from 8/89 to 8/92, was compared with "after" data, which included fifteen (15) sales running from 11/92 to 12/96. The average price per home in the before and after groups was nearly equal at $302,750 vs. $302,465. The real estate market during this study period was relatively level. AS such, the tower did not appear to lead to a devaluation of nearby property values around the site. H. Monopole Antenna Site, Rocky Point Fire Department, North Country Road (S.R. 25A), Shoreham, New York. A 100'± monopole mounted w/cellular panel and emergency service antennas was erected on this site in approximately December 1992. This property is adjacent to a stable residential neighborhood comprised of a relatively modest and homogenous group of single- family dwellings. 7 Our staff compared sales data of homes in the immediate area (up to 2 blocks) before and after the installation date of the monopole. Our "before" data, which included eight (8) sales running from 2/91 to 9/92, was compared with "after" data, which included thirteen (13) sales running from 6/93 to 11/96. The average price per home in the before and after groups was nearly equal at $132,438 vs. $131,577. The real estate market during this study period was relatively level. As such, the tower did not appear to lead to a devaluation of nearby property values around the site. I. Monopole ("Tree") Site, North Hills Village Hall, Shelter Rock Road, Manhasset, New York. A 150' "tree" pole telecommunications site was erected on the Village Hall property in North Hills in early 2002. Opposite the site, along the southeast corner of I.U. Willits Road and Shelter Rock Road, is a 1970s housing development known as "Bridle Park," within the community known as Searingtown (Roslyn zip code). This development contains a homogenous group of single-family dwellings of ranch or colonial styling, sharing similar appeal and utility. Our staff compared sales data of homes in the development before and after the installation date of the tree pole. Our "before" data, which included eleven (11) sales running from 6/98 to 7/01, was compared with "after" data, which included eleven (11) sales running from 4/02 to 12/04. The average price per home in the before and after groups was 55% higher for the latter ($546,444 vs. $845,217), which breaks down to an average of 14%/year market appreciation. This figure compares favorably with the overall market appreciation of 12.27%/year tabulated from all single-family homes sales over the same time period for all of Roslyn. As such, the antennas did not appear to lead to a devaluation of nearby property values around the site. 6. In summary, we found no correlation between the presence of wireless telecommunication antennas and declining property values in the Long Island residential communities we studied. As such, 8 it is my opinion that the proposed Communications Facility will not have an adverse impact on the subject Property or the surrounding community. Sworn to before me this ~ay o3 Ma~rc~006. NOTARY PUBLIC ~ SUSAN McLAUGHLIN NotaW Public. State of New Yod~ No. 01 MC4725972 Oual~ed in Suffotk County Commission Expires Sept. 30, ADDENDUM LSA MAIN ROAD (STAT£ ROAD 25~ BEACON WIRELESS MANAGEMENT VIEW OF ORIENT FIRE DISTRICT PROPERTY LOOKING SOUTHEAST FROM MAIN & TABOR ROADS SOUTHEAST ELEVATION OF FIREHOUSE ACCESSORY GARAGE BUILDING TO SOUTHEAST OF OF FIREHOUSE ~ 4 ~ VIEW LOOKING SOUTH FROM F~REHOUSE TOWARDS ~ 5 ~ VIEW OF RESIDENCE ABUTTING FXRE DXSTR~CT ORIENT CENTRAL CEMETERY ALONG E/S~DE OF TABOR RD. PROPERTY TO SOUTHEAST ACCESSED OFF TABOR RD, VIEW OF VACANT LAND ABUTTING FIRE DISTRICT PROPERTY TO SOUTH ALONG TABOR ROAD :~ ~ VIEW OF AD3ACENT RESIDENCES TO EAST OF FZRE DISTRICT PROPERTY ALONG MAIN ROAD VIEW OF PUBLIC SCHOOL PROPERTY OPPOSITE FIRE DISTRICT PROPERTY TO NORTH ON MAIN AVE. ~ ~ [ VXEW OF CEMETERY OPPOSITE SUBJECT TO WEST ON S/W/C MA~N & TABOR ROADS ~ ~ ViEW OF MiXED.USE STORAGE BUILDING OPPOS~[TE ~' ~ V:[EW OF BARN OPPOSITE FIRE DIETRICT TO :~ ~2~ V];EW OF THE OR~ENT CENTRAL CEMETERY TO F~(RE DISTR~CT PROPERTY TO WEST ALONG TABOR ROAD SOUTHWEST ALONG TABOR ROAD SOOTH OF SUB3ECT ALONG E/SIDE OF TABOR ROAD R C Petersen Associates LLC Consulting - Wireless Safety Site Conformity Assessment with FCC Rules and Regulations, 47 CFR § 1.1310 et seq. (Radiofrequency Emissions) FCC Licensee: New Cingular Wireless PCS, LLC Verizon Wireless Nextel of New York, Inc. Site Name: Site Address: Orient Fire District 23300 Main Road Orient, Suffolk County, NY Prepared for Vincent Cannuscio, CEO Verizon Wireless Beacon Wireless Management West Nyack, New York 10994 Hampton Bays, New York 11946 New Cingular Wireless PCS, LLC Nextel of New York, Inc. Woodbury, New York 11797 White Plains, New York 10601 September 19, 2005 170FAIRVIEW DRIVE, PO BOX 386, BEDMINSTER, NJ 07921-0386 Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 2 Table of Contents Summary ............................................................................................................................. 3 1. Introduction .............................................................................................................. 4 2. Technical Data .......................................................................................................... 4 3. Environmental Levels of RF Energy ...................................................................... 4 4. Comparison of Environmental Levels with RF Safety Criteria .......................... 5 5. Discussion of Safety Criteria ................................................................................... 6 6. For Further Information ......................................................................................... 8 7. Conclusion ................................................................................................................ 9 Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 3 Site Conformity Assessment with FCC Rules and Regulations, 47 CFR § 1.1310 et seq. (Radiofrequency Emissions) Summary This report is an analysis of the radiofrequency (RF) environment associated with a 90 fi radio communication antenna tower proposed for installation in Orient, Suffolk County, NY. The analysis includes the contribution from transmitting antennas for following radio services that will be co-located at this site: public safety land-mobile radio, cellular radio, enhanced specialized mobile radio and personal communications services. Antenna elevations and other engineering data and site information were provided by Beacon Wireless Management and the wireless service providers (Cingular, Verizon and Nextel). Well-established analytical techniques were used for calculating the strength of the RF fields (RF power density) in areas normally accessible to the public in order to assess compliance with federal safety guidelines. Worst-case assumptions were used to ensure safe-side estimates, i.e., the actual values will be significantly lower than the corresponding analytical values presented in this report. The maximum level of RF energy associated with each transmitting antenna is compared with the appropriate frequency- dependent exposure limit, and these individual comparisons are combined to ensure that the cumulative RF environment is in compliance with the Federal Communications Commission (FCC) safety guidelines. The results of this analysis indicate that the maximum level of RF energy in all locations in the vicinity of the installation, that are normally accessible to the public, is below all applicable health and safety limits. Specifically, the maximum level of RF energy associated with simultaneous and continuous operation of all proposed transmitting antennas located at this site will be less than 4.2% of the safety criteria adopted by the FCC and mandated by the Telecommunications Act of 1996. The maximum level of RF energy in such locations will also be less than 4.2% of other contemporary exposure limits, e.g., those of the American National Standards Institute, the Institute of Electrical and Electronics Engineers, the recommendations of the National Council on Radiation Protection and Measurements and international safety guidelines such as those of the International Commission on Non-Ionizing Radiation Protection. Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 4 1. Introduction The purpose of this report is to ensure that the radiofrequency (RF) environment associated with the operation of the transmitting antennas that will be located on a 90 fi monopole-type tower located in Orient, Suffolk County, NY complies with the Federal Communications Commission (FCC) safety guidelines as required by the Telecommunications Act of 1996 [1]. Specifically, the report was prepared in response to a request from Beacon Wireless Management and the wireless service providers (Cingular, Verizon and Nextel) for an analysis of the RF environment in areas normally accessible to the public and a cunfonnity assessment to ensure that the installation will comply with FCC safety guidelines which address public health concerns associated with long- term exposure in RF environments. The analysis includes the contribution from all radio communication services proposed for installation at this site, i.e., public safety land-mobile (two- way) radio (Orient Fire District and Southold Police), Cingular/AWS cellular radio and personal communication services (PCS), Verizon Wireless cellular radio and Nextel Communications enhanced specialized mobile radio (ESMR). The Telecommunications Act of 1996 is the applicable Federal law with respect to consideration of environmental effects of RF emissions in the siting of wireless facilities. With respect to personal wireless communication services, e.g., PCS, ESMR and cellular, Section 704 of the Telecommunications Act of 1996 states the following: "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." 2. Technical Data The proposed cellular radio, ESMR and PCS base-station antennas are to be mounted (concealed) within the monopole; public safety two-way radio antennas are to be mounted to the top of the monopole on cross-arm extensions. The monopole will be constructed on the Orient Fire District property located at 23300 Main Road in Orient, Suffolk County, NY. The PCS antennas transmit at frequencies between 1930 and 1990 million hertz (MHz). The ESMR antennas transmit at frequencies between 851 and 866 MHz; the cellular radio antennas transmit at frequencies between 869 and 894 MHz (these frequencies were formerly allocated for UHF television channels 77 through 83). The two-way radio antennas transmit in the VHF low band (25- 50 MHz) and VHF high band (140 - 170 MHz). The actual RF power propagated from PCS, ESMR and cellular radio antennas is typically less than 20 watts per transmitter (channel) and the actual total RF power is typically less than 200 watts per sector (assuming the maximum number of transmitters are installed and operate at maximum power). The actual RF power propagated from two-way radio antennas is typically less than 100 watts per transmitter. These are extremely low power systems when compared with other familiar radio systems, such as AM, FM, and television broadcast, which operate upwards of 50,000 watts. The attached figure, which depicts the electromagnetic spectrum, lists familiar uses of RF energy. Table 1 lists engineering specifications for the transmitting systems proposed for this site. 3. Environmental Levels of RF Energy The antennas used for PCS, ESMR and cellular radio propagate most of the RF energy in a relatively narrow beam (in the vertical plane) directed toward the horizon. The small amount of energy directed along radials below the horizon results in an RF environment in the vicinity of the base of the tower that is not remarkably different from the environment at points more distant. Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 5 The methodology used to calculate the exposure levels follows that outlined in FCC OET Bulletin No. 65 [2]. For the case at hand, the maximal potential exposure levels associated with simultaneous and continuous operation of all transmitting antennas can be readily calculated at any point in a plane at any height above grade. Based on the information shown in Table 1, the maximum intensity (power density) associated with the proposed systems, at any point in a horizontal plane 6 ft and 16 fi above grade, will be less than the values shown in Table 2. The values at 16 ftc above grade are representative of the maximum power density immediately outside the upper floor of nearby residential or commercial 2-story structures (assuming level terrain). The results are also shown in Table 2 as a pementage of the FCC's maximum permissible exposure (MPE) values found in the Telecommunications Act of 1996 (specifically, in the FCC Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation [3 ]). The values shown in Table 2 are the theoretical maxima that could occur and are not typical values. Them are a number of reasons why this is true including the following: · The calculations include the effect of 100% field reinforcement from in-phase reflections, which quadruples the power density. Although this is possible theoretically for a single frequency and perfect reflecting surfaces, the probability of it occurring here is negligible. · It is assumed that each transmitter operates continuously at maximum power. · The intermittent nature of the transmission from the two-way radio antennas will result in time-weighted-average values that will be lower than those shown in Table 2. · Due to the operating (transmission) techniques used in GSM systems (Cingular/AWS), the average power and the corresponding power density will be less than predicted. · The combined maximum power density is obtained by adding the maximum values for each of the services. This assumes that the maximum power density for each service occurs at the same horizontal distance from the tower - which is not the case. Experience has confirmed that the analytical technique used in this analysis is extremely conservative and overestimates the actual RF power density. The actual (measured) power density levels have always been found to be smaller than the corresponding calculated levels even when extrapolated to maximum use conditions (all transmitters operating simultaneously) [4]. The maximum values shown in Table 2 correspond to those associated with outdoor (open-air) environments. The levels inside nearby homes and buildings will be lower than those immediately outside because of the attenuation of common building materials, particularly at the higher frequencies. 4. Comparison of Environmental Levels with RF Safety Criteria Table 2 shows the calculated maximal RF power density levels in the vicinity of the proposed installation; Table 3 shows federal, state and consensus exposure limits for human exposure to RF energy at the frequencies ofintemst. Because the MPEs vary with frequency, the calculated RF levels must first be weighted with frequency (the percentages are shown in Table 2) and then combined before comparing with the safety guidelines. With respect to FCC limits for public exposure, comparisons of the weighted combined analytical results indicate that the maximal power density (the summation of the maximum values for each service) in normally accessible locations in the vicinity of the tower will be at least 23 times below the MPE; i.e., 4.2% of the MPE. Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 6 5. Discussion of Safety Criteria Those who are not familiar with the subject tend to think that the study of the safe use of RF energy is in its infancy. This is not the case. Studies of the biological effects associated with exposure to RF energy and the development of safety standards for human exposure based on these studies is a continuous process that has been on-going throughout the world for more than five decades. The first safety guidelines were proposed in the early 1950's when concern first arose in the US about exposure to electromagnetic energy, particularly at microwave frequencies. Although the guidelines first recommended in the 1950's varied considerably from organization to organization, eventually most organizations in the Western World adopted limits similar to those adopted by the FCC. The bases for contemporary safety limits, called "basic restrictions," were first proposed by a committee sponsored by the Institute of Electrical and Electronics Engineers (IEEE)~ and the National Council on Radiation Protection and Measurements (NCRP)2 in 19823 [5] and 1986 [6], respectively. Every recent major independent review of the latest science has continually reaffirmed the validity of these basic restrictions. In spite of the large number of studies that have appeared in the scientific literature since the current IEEE standard was published4, and in spite of continuing speculation by some of a possibility that adverse effects may occur at levels lower than those of contemporary safety guidelines, there is no convincing evidence that would support such speculation. The scientific literature related to biological effects of RF energy is highly diverse, both in terms of scientific quality and in terms of relevance to possible health and safety risks to humans. Occasionally media reports of the results of some new study conclude that exposure to low-level radiowaves could be harmful. In many cases these reports are based on press releases by a researcher or the researcher's institution. Many such reports include gratuitous speculation suggesting that, based on the results of the study, devices such as mobile phones, microwave ovens or even computer display terminals might be unsafe. Even though many such reports describe only preliminary or unconfirmed results of studies that have not been subjected to peer- review or accepted for publication, and may not even be relevant to human health, they are sometimes given an inordinate amount of attention. In many cases it is not the scientist who creates significance by postulating adversity, but rather the media because of the implied "newsworthiness" of the story. In bioelectromagnetics, as in most areas of science, it takes a considerable amount of time and effort for scientists to sift and winnow facts from conjecture, and while most of these controversial reports and reported preliminary results of unpublished studies do not stand up to scientific scrutiny, or cannot be related to adverse human health, they nevertheless are the focus of concem to the lay person because of the alarming way they are interpreted and presented. Contrary to what some of these stories may imply, a lot is known about the safety of electromagnetic energy at radiofrequencies. What is important is that in spite of the tremendous amount of research that has been reported in this field over the past five or six decades, there is a I. IEEE is a non-profit technical professional society with more than 350,000 members in 150 countries. Within IEEE are a number of societies, including the Consumer Electronics Society, Education Society, Electromagnetic Compatibility Society, Engineering in Medicine and Biology Society, Information Theory Society, Neural Networks Society, Society on Social Implications of Technology, plus about twenty more. IEEE membership is not a requirement of participating on this IEEE committee or any of its subcommittees. 2. NCRP is a non-profit corporation chartered by Congress. The Charter of the NCRP includes as one of its objectives "To collect, analyze, develop and disseminate in the public interest information and recommendations about (a) protection against radiation (referred ~o herein as radiation protection) and Co) radiation measurements, quantities and units, particularly those concerned with radiation protection." Although more focused on "ionizing radiation;" e.g., X-rays, gamma-rays, nuclear radiation, NCP-~ has developed several reports that address radiofrequency issues. 3. Although co-sponsored by the IEEE in 1982~ the committee was then called the American National Standards Institute C95 Commiuee. It is now called thc IEEE International Committee on Electromagnetic Safety (ICES). 4. IEEE Std C95.1-1991 was reaffirmed in 1997 and a supplement and an amendment were published in 1999 and 2004, respectively. A revision, which was approved by the iEEE International Committee on Electromagnetic Safety, will be considered for approval by thc IEEE Standards Association Standard Board in September 2005. Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 7 complete lack of any reliable evidence showing that exposure to RF energy at levels below contemporary safety guidelines is harmful to humans, including children. Moreover, the reliable scientific evidence clearly demonstrates that biological effects associated with exposure to RF energy are "threshold effects." This means that effects are associated with exposures above a specific intensity - regardless of the exposure duration.$ The threshold exposure levels at which potentially harmful effects might occur has been independently established and confirmed many times over. These thresholds, with large built-in margins of safety, are the bases of contemporary safety guidelines and recommendations, such as those supported or developed independently by expert panels and committees sponsored by the IEEE [7], the NCRP [6], the International Commission on Non-Ionizing Radiation Protection (ICNIRP) [8], Health Canada [9], the Health Council of the Netherlands, [10], [ 11 ], the National Radiological Protection Board (NRPB) in the UK [ 12], the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) [ 13], and the safety guidelines adopted by the FCC [14], with which all wireless facilities in the US must comply. Adoption of the FCC safety guidelines, which are a composite of the most restrictive portions of the standards and recommendations developed by committees of the IEEE and NCRP, are supported by the federal public health agencies. Although the State of New York does not have a regulatory program for the RF portion of the electromagnetic spectrum, the NYS DOH compares potential exposure levels with the recommendations of the NCRP to assess public safety. (Table 3 also includes a summary of the corresponding safety criteria recommended by various organizations throughout the world.) In spite of speculations about the possibility of effects occurring at levels below the safety guidelines, the fact is that the only effects reliably demonstrated in humans or laboratory animals are related to RF exposure at levels far in excess of the guidelines (hundreds of thousands or more times greater than what would be expected in normally accessible areas around antenna installations such as the Beacon Wireless Management site in Orient, Suffolk County, NY). This is not to say that exposure to radiowaves at any intensity cannot cause untoward effects. Exposures at levels far higher than the safety guidelines can lead to whole or partial-body heating and, possibly, bums from touching an object on which high radio-frequency currents are flowingfi The safety guidelines protect humans from these effects. The overwhelming consensus of the international scientific community is that as long as the system complies with the safety guidelines there is no adverse health risk, i.e., exposure to RF energy at levels at or below the safety guidelines is safe. During the past several years a number of independent critical reviews of the relevant scientific literature were undertaken by expert panels throughout the world. Many of these reviews focused on mobile telephones and base stations, but they also addressed the adequacy of contemporary safety standards. The following excerpts from some of these panels summarize the consensus of the scientific community: In a May 2000 report, the Independent Expert Group on Mobile Phones (IEGMP), often referred to as the Stewart Expert Group, found that "[The] balance of evidence is that exposures to RF energy below present safety limits in the UK [which are similar to FCC limits], do not cause health effects to the general population." [15] In a January 2001 report to the French Health General Directorate (the "Zmimu Report"), a panel that reviewed the scientific literature concludes "...no risk has yet been demonstrated, in spite of the considerable amount of work done over the past several years." [ 16] 5. This is a completely different phenomenon than that associated with exposure to much more energetic forms of radiation such as X- radiation, nuclear radiation, etc., (called "ionizing radiation") where exposures even at Iow levels might damage genetic material. 6. There are no components associated with the base-station installation where this is possible - not even the antennas themselves. Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 8 · In a January 2000 report, the Health Council of the Netherlands committee concludes "The Committee comes to the conclusion that there is at present no reason for concern." [10] · In a more recent report (2002) the Health Council of Netherlands issued a major "update" to its January 2000 report, which also found no evidence of hazard from RF energy below recommended limits [11 ]. (The referenced limits are those of ICNIRP, the basic restrictions of which are the same as those of the FCC.) · In 2004, the NRPB (United Kingdom) issued a new report on the health effects from RF electromagnetic fields. Their conclusion is "...the weight of evidence now available does not suggest that there are adverse health effects from exposure to RF fields below guideline levels, but published work on RF exposures and health has limitations." [ 12] · In 2005, the NRPB issued another report on the health effects of RF electromagnetic fields, particularly addressing mobile radio (cellphones and cellular base stations) and the adequacy of current exposure guidelines. Their conclusion is "In aggregate the research published since the IEGMP report does not give cause for concern." [ 17] These reports largely addressed concerns about possible health effects of exposure to RF energy. Each of the expert panels examined a large body of evidence for hazards, including reports of "non thermal" effects, but the only convincing evidence that could be related to adverse effects in humans involved high exposure levels and obviously thermal phenomena. Expert committees such as NCRP, IEEE ICES and ICNIRP have each independently reached the same conclusion and are very explicit about the lack of reliable evidence for possible hazards from low-level exposures or "non-thermal" effects. With respect to the proposed antennas located at the Beacon Wireless Management site in Orient, Suffolk County, NY be assured that the actual exposure levels in the vicinity of the installation will be below any science-based safety and health standard used anywhere in the world and literally thousands of times below any level associated with verifiable evidence of any functional change in humans or laboratory animals. This holds tree even when all transmitters operate simultaneously and continuously at their highest power. Power density levels of this magnitude are not even a subject of speculation by the scientific community with regard to an association with adverse health effects. 6. For Further Information Anyone interested can obtain additional information about the environmental impact of PCS, ESMR and cellular radio communications from: Dr. Robert Cleveland, Jr. Federal Communications Commission Office of Engineering and Technology 445 - 12th Street SW Washington, DC 20554 (202) 418-2422 and William J. Condon, CHP Chief, Bureau of Environmental Radiation Protection State of New York, Department of Health 2 University Place Albany, NY 12203 (518) 458-6495 Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 9 7. Conclusion An analysis of the RF environment associated with a 90 ft radio communication antenna tower proposed for installation in Orient, Suffolk County, NY was carried out to ensure the site complies with applicable RF safety guidelines. Included in the analysis are contributions from antennas of all proposed co-located services at this site: PCS, ESMR, cellular radio and public safety two-way radio. Engineering data and site information was provided by Beacon Wireless Management and the wireless service providers. Well-established analytical techniques were used for calculating the strength of the RF fields (RF power density) in areas normally accessible to the public in order to assess compliance with federal safety guidelines. Wurst-case assumptions were used to ensure safe-side estimates, i.e., the actual values will be significantly lower than the corresponding analytical values presented in this report. The maximum level of RF energy associated with each transmitting antenna was compared with the appropriate frequency-dependent exposure limit, and these individual comparisons were combined to ensure that the cumulative RF environment is in compliance with the FCC safety guidelines. The results of this analysis indicate that the maximum level of RF energy in all locations in the vicinity of the installation, that are normally accessible to the public, is below all applicable health and safety limits. Specifically, the maximum level of RF energy associated with simultaneous and continuous operation of all proposed transmitting antennas located at this site will be less than 4.2% of the safety criteria adopted by the FCC and mandated by the Telecommunications Act of 1996. The maximum level of RF energy in such locations will also be less than 4.2% of other contemporary exposure limits, e.g., those of the ANSI, IEEE, the recommendations of the NCRP and international safety guidelines such as those of ICNIRP. Figure. Electromagnetic Spectrum Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 10 References [1] Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). [2] OET Bulletin 65, Edition 97-01, August 1997. Federal Communications Commission, Office of Engineering and Technology, Washington, DC [3] Federal Communication Commission 47 CFR Parts l, 2, 15, 24 and 97. "Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation" (August 6, 1996) [4] Petersen, R.C., and Testagrossa, P.A., "Radiofrequency Fields Associated with Cellular-Radio Cell- Site Antennas," Bioelectromagnetics, Vol. 13, No. 6. (1992) [5] ANSI Std C95.1-1982, "American National Standard Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to 100 GHz," American National Standards Institute, New York, NY, 1982 [6] Biological Effects and Exposure Criteria for Radio Frequency Electromagnetic Fields, NCRP Report No. 86, National Council on Radiation Protection and Measurements, Bethesda, MD. (1986) [7] IEEE Std C95.1-1991, "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," (1999 edition), Institute of Electrical and Electronics Engineers, Piscataway, NJ, 1999 [8] ICNIRP (International Commission on Non-Ionizing Radiation Protection), "Guidelines for limiting exposure to time-varying electric, magnetic and electromagnetic fields (up to 300 GHz)," Health Physics, vol. 74, no. 4, pp. 494-522, 1998 [9] Health Canada Safety Code 6, "Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz," Environmental Health Directorate, Health Protection Branch. Published by authority of the Minister of Health, 1999 [10] HCN, "Exposure to Electromagnetic Fields (0 Hz - 10 MHz)," Publication 200/6, Health Council of the Netherlands, Report No. 2000/06E, The Hague, 7 March 2000 [11] HCN Report, "Mobile Telephones: An Evaluation of Health Effects," Health Council of the Netherlands, Report No. 2002/01E, The Hague, 28 January 2002 [12] NRPB, "Review of the Scientific Evidence for Limiting Exposure to Electromagnetic Fields (0 - 300 GHz)," Documents of the NRPB, vol. 12, no. 3, National Radiological Protection Board, Chilton, Didcot, Oxfordshire, UK, 2004 [13] ARPANSA Radiation Protection Standard, "Maximum Exposure Levels to Radiofrequency Fields - 3 kHz to 300 GHz," Radiation Protection Series Publication No. 3, Australian Radiation Protection and Nuclear Safety Agency, 2003 [14] FCC Rules and Regulations, 47 CFR § 1.1310 et seq. [15] IEGMP, "Mobile Phones and Health". Report from the Independent Expert Group on Mobile Phones, UK, May 2000 I16] "Zmirou Report" To the French Health General Directorate, January2001 [17] NRPB "Mobile Phones and Health 2004: A report by the Board of the National Radiological Protection Board 0NRPB)," Documents of the NRPB, vol. 15, no. 5, National Radiological Protection Board, Chilton, Didcot, Oxfordshire, UK, 2004, Released Jan 11, 2005 Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 11 Table 1 Engineering Specifications for the Proposed Cellular Radio, ESMR, PCS and Two-way Radio Systems Orient, Suffolk County, NY Two-way Radio Site Specifications Orient FD Southold Police (46 MHz) (155 MHz) maximum ERP per channel t 100 watts 2OO watts ~tu~! rad!~ted power P~r cb~pn~! !00 watts 100 watts actual total radiated power 100 watts I00 watts number of transmit (Tx) antennas N/A N/A number 0f r~ceiv~ (Rx) antennas N/A N/A number of Tx/ILx antennas~(duplexed) I 1 maximum number of transmitters 1 1 antenna centerline height above t~rade 95 fi :t: 96 fi :t: gnt~nna manufacturer Ce!wave Decib~! Products model number PD 1142 DB222 g~p 2.15 dBi 5.15 dBi type omni-directional omni-directional downtilt 0° 0° Effective Radiated Power (ERP) is a measure of how well an antenna concentrates RF energy; it is not thc actual power radiated from the antenna. To illustrate the difference, compare the brightness of an ordinapy I00 watt light bulb with that from a 100 waU spot-light Even though both are 100 watts, the spot-light appears brighter because it concentrates the light in one direction. In this direction, the spot-light effectively appears to be emitting more lhan 100 warts. In other directions, there is almost no light emitted by the spot-light and it effectively appears to be much less than 100 watts. Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 12 Table 1 (continued) Engineering Specifications for the Proposed Cellular Radio, ESMR, PCS and Two-way Radio Systems Orient, Suffolk County, NY Cellular Radio ESMR PCS Site Specifications Cingular/AWS Verizon Nextel Cingular/AWS (GSMSS0) (GSMI900'[ maximum ERP per channel t 243 watts 296 watts 100 watts 243 watts actual radiated Power per channel 20 watts 20 watts 6 watts 10 watts actual total radiated power per sector 60 watts 140 watts 72 watts 30 watts number of transmit (Tx) antennas N/A N/A N/A N/A number of receive (Rx) antennas N/A N/A N/A N/A number of TxfRx antennas (duplexed) 2 per sector ;~ 2 per sector $ 2 per sector ~ 2 per sector :~ Maximum number of transmitters 3 per sector 7 per sector 12 per sector 3 per sector number of sectors configured 3 3 3 3 antenna centerline height above ~rade 75 ft ± ~ 65 fi ± :~ 85 ft ± ~: 75 fi ± ~ antenna raanufac!urer Decibel products Decibel Products D~i~?eI Products ........ Decibel Products model number DB731DG85V!EXM* DB774G90VIESXM DB844H90-XY DB731DG85VlEXM* gain 12.95 dBi 13.85 dBi 14.15 dBi 16.15 dBi type directi0n~,~ directional directional directional downtilt 0° 2° (electrical) 0° 2° (electrical/ ? Effective Radiated Power (ERP) is a measure of how well an antenna concenixates RF energy; it is not the actual power radiated from thc antenna. To illustrate the difference, compare the brightness of an ordinary 100 walt light bulb with that from a 100 waU spot-light. Even though both are 100 watts, thc spot-light appears brighter because it concentrates thc light in one direction. In this direction, the spot-light effectively appears to be emiUing more than 100 wails. In other directions, there is almost no light cmiaed by the spot-light and it effectively appears to be much less than 100 watts. ~ There arc two antennas stacked vertically per sector, centered at the heights listed. * Decibel antenna is a dual-band antenna operating in the cellular and PCS frequency bands. Beacon Wireless Management Site, Orient Fire Dis~ict, Suffolk County, NY - 13 Table 2 Calculated Maximal Levels and the Levels as a Percentage of 1996 FCC MPEs* for the Proposed Cellular Radio, ESMR, PCS and Two-way Radio Antennas Orient, Suffolk County, NY Power Density (p.W/cm2) % Of MPEs* Provider- Service 6 ft AMGL~' t 16 ft AMGL'~ 6 ft AMGL~' ] 16 ft AMGL'~ Orient FD - two-way radio (46 MHz) < ! .78 < 2.26 0.89% __ 1.13~% _ Southg!d police - two-way radio/155 MHz) < 0.46 < 0.58 0.23% 0.29% Vedzon - cellular radio < 6.96 < 10.09 1.27% 1.84% Nextel - ESMR < 2.53 ] < 3.31 oA6% 0:~61% Cingular/AWS - cellular radio (GSM850) < 1.03 I < 1.41 0.19% 0.26% Cinl~ular/AWS - PCS (GSM1900) < 0.38 I < 0.52 0.04% i 0.06% Total 3.08% I 4.19% * MPE: The FCC limits for maximum permissible exposure (same as 1986 NCKP limits at the frequencies of interest) ~ AMGL: above mean grade level Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 14 Table 3 Summary of International, Federal, State and Consensus Safety Criteria for Exposure to Radiofrequency Energy at Frequencies Used for Radio Communication Systems (30 - 2000 MHz) Organization/Government Agency Exposure Population International Safety Criteria Power Density (laW/cmz) 30 - 300 MHz 1300 - 2000 MHz International Commission on Non-Ionizing Radiation Protection Occupational 1000 ~ 0;4 (Health Physics 74:4, 494-522. (1998)~ Public 200 I f/2 National Radiological Protection Board Occupational 1000 [ ............. 7~.0..~ .............. (NRPB, 1993)2 Public 660 [ 26003 Federal Requirements fl 0.3 Federal Communications Commission3 (47 CFR §1.1310) Occupational Public 1000 200 f~ 1.5 Consensus Standards and Recommendations American National Standards Institute (ANSI C95.1 - 1982) Institute of Electrical and Electronics Engineers (ANSI/IEEE C95.1-1999 Edition)4 National Council on Radiation Protection & Measurements (NCRP Report 86, 1986) Occupational Public Occupational Public Occupational 1000 f~ 0.3 1000 f~ 0.3 1000 f/0.3 200 f/1.5 1000 fl0.3 Public 200 f~ 1.5 State Codes New Jersey (NJAC 7:28-42) Public 1000 f~ 0.3 Massachusetts (Department of Health 105 CMR 122) Public 200 f~ 1.5 New York States Public 200 f~ 1.5 f = frequency in MHz NOTES: 1. Update of the 1989 International Radiation Protection Association (IRPA) guidelines. Reaffirmed in 1997 and published, with modification, in 1998. 2. The 1993 NRPB guidelines have slightly different frequency ranges for their investigation levels. The values shown are the lowest values for the corresponding frequency range. In 2004 NRPB adopted the ICNIRP limits. 3. All licensees are required to comply with the limits outlined in 47 CFR § 1.1307. 4. Incorporating IEEE Standard C95.1-1991 and IEEE Standard C95.1a-1999. 5. State of New York Department of Health follows NCRP Report 86. Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 15 ELECTROMAGNETIC SPECTRUM Non-Ionizing Radiation ~ RadlaUon Power Frequency Service/Device: Frequency Range AM Radio: 535 - 1605 kHz CB Radio: 27MHz Cordless Phones: 49-2450MHz TV CH 2 - 6:54 - 88 MHz FM Radio: 88 - 108 MHz Marine/Weather Radio: 160MHz TVCH7- 13: 174-216MHz TV UHFCH 14-69 470-800MHz Cellular Radio, ESMR, Paging/Data: 806 - 946 MHz Antithef~ devices: lO-20kHzand/orglSMHz Wireless LAN (WiFi): 915-5800MHz Microwave oven: 915 and 2450 MHz Personal Communication Services: 1800-2200 MHz Intrusion alarms/door openers: 10.5 GHz Microwave radio: 1 - 40 GHz Satellite communications: 100 MHz- 275 GHz --}-- 10$ 60Hz 1MHz 1GHz l~"r equene~y (Hz) © l-- 1 © PLANNING STUDY PROPOSED PUBLIC UTILITY COMMUNICATIONS FACILITY ORIENT FIRE DISTRICT 23300 MAIN ROAD HAMLET OF ORIENT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK Prepared for: Beacon Wireless Management P.O. Box 303 Hampton Bays, New York 11946 (631) 484-5445 Nextel of New York, Inc. One North Broadway White Plains, New York 10601 (914) 421-2800 New Cingular Wireless PCS, LLC 333 Crossways Park Drive Woodbury, New York 11797 (516) 677-6503 New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road West Nyack, New York 10994 (914) 714-7000 Prepared by: Freudenthal & Elkowitz Consulting Group, Inc. 368 Veterans Memorial Highway Commack, New York 11725 (631) 499-2222 March 2006 Table of Contents Page INTRODUCTION ......................................................................................... 1 EXISTING CONDITIONS AND PROPOSED PUBLIC UTILITY COMMUNICATIONS FACILITY ............................................................... 3 ZONING, LAND USE AND ENViRONMENTAL ANALYSIS ................ 7 FINDINGS AND CONCLUSIONS ............................................................ 12 Figure 1 - Site Location Map ........................................................................ 2 Figure 2 - Plot Plan & Pole Elevation ........................................................... 5 Figure 3 - Compound Plan with Planting ..................................................... 6 Figure 4 - Zoning Map Excerpt ..................................................................... 8 Figure 5 - Aerial Photograph ...................................................................... 10 Appendix A Appendix B Appendix C Photographs of Site and Surrounding Area New York State Office of Parks, Recreation and Historic Preservation Correspondence Curriculum Vitae of Theresa Elkowitz, President of Planning, Freudenthal & Elkowitz Consulting Group, Inc. INTRODUCTION A Planning Study was performed for the proposed Beacon Wireless Management (hereinafter "Beacon Wireless"); Nextel of New York, Inc. (hereinafter "Nextel"); New Cingular Wireless PCS, LLC (hereinafter "Cingular"); and New York SMSA Limited Parmership d/b/a Verizon Wireless (hereinafter "Verizon"), public utility communications facility (consisting of the installation of antennas concealed within a previously-approved "flagpole" monopole, and placement of associated equipment at ground level) to be situated at the Orient Fire District, 23300 Main Road in the Hamlet of Orient, Town of Southold, Suffolk County, New York (see Figure 1 - Site Location Map). The subject site was examined as to surrounding land use and zoning and visual and environmental conditions. A survey was performed and aerial photography was reviewed in order to determine land uses on the site and in the surrounding community. Photographs were taken to document the existing land uses on the site and surrounding area (see Appendix A). In addition, the Town of Southold zoning maps were consulted to determine the zoning of the site and surrounding community. Street Arias USA~) 2005 Site Location Map Orient Fire District 23300 Main Road Orient, Town of Southold SUBJECT SITE Data use subject to license. © 2004 DeLorme. Street Atlas USA® 2005. www.delorme corn Figure i Scale 1: 6,400 2 1" = 533.3 ft Data Zoom 15-0 EXISTING CONDITIONS AND PROPOSED PUBLIC UTILITY COMMUNICATIONS FACILITY Proposed Public Utility Communications Facility The previously-approved public utility communications "flagpole" monopole, would have antennas concealed within, and associated equipment at ground level would be installed on the premises of the Orient Fire District located on the southeast comer of Main Road and Tabor Road, in the Hamlet of Orient, Town of Southold, Suffolk County. The property is designated on the Suffolk County Tax Map as District 1000 - Section 18 - Block 5 - Lot 13.8. The proposed wireless communications antennas would be concealed within the flagpole and would not be visible (see Figure 2 - Plot Plan & Pole Elevation). However, it should be noted that two whip antennas would be installed on the exterior of the flagpole at a height of 90_+ feet agl to service the Southold Town Police and the Orient Fire District. The proposed ground-based equipment would be situated on concrete pads within a 43-foot by 46-foot fenced equipment compound to be located at the southern exterior of the fire district building (see Figure 3 - Compound Plan with Planting). Specifically, the Nextel equipment shelter would be 12-feet-by-20-feet. The Cingular equipment cabinets would be situated on a 10-foot-by-23-foot concrete pad. Finally, the Verizon equipment shelter would be 12-feet-by-30-feet. It should be noted that the proposed equipment compound would be concealed behind chain-link fence with black slats and a landscape buffer. 3 Examination of the surrounding neighborhood indicates that the area includes residential, educational, religious and agricultural uses. h~ order to better depict the nature of the surrounding community, photographs are included in Appendix A. Additionally, a detailed description of the land uses surrounding the site, as well as an aerial photograph, are contained in the section of this report entitled Zoning, Land Use and Environmental Analysis. 4 MAIN ROAD (STATE ROAD 25) (P~VEM ENT 75" O.D* MOUNTINC POLE (~ ANTENNA LAYOUT AT ELEV. 90' AGL ~ PARKING LAW N SOUTHOLD TOWN POLICE PUBUC SAFETY-gl7 AGL 570.70' (~ PLOT PLAN FLUSH MONOPOLE ELEVATION _ ilS' - BEACON WIRELESS MN, IAGEMENT P.O.BOX 303 MICHAEL WALKER DESIGN/~UlLDER* IIC SUBMITTALS ORIENT FIRE DISTRICT PLOT pLAN & POLE ELEVATION A1 Figure 2 CONC. DOOR ~'-'~EXISTING PARKING (NO CHANG[) - CONCRETE PAD N~D GE34ERATOR FOR N EX'IlL $' CHNN UNK FENC[ '~/[TH BLACK SLATS AND NO BARBED WlR[ WIRELESS ~IANAGEMENT MICHAEL WALKER DESIGN/BUILDER, 24' FENCE ( 1~ COM POUND/LANDSCAPE PLAN Figure 3 ORIENT FIRE DISTRICT COMPOUND PLAN WITH PLANTING ZONING~ LAND USE AND ENVIRONMENTAL ANALYSIS Land Use of the Site and Surrounding Area The subject property is situated within the R-80 Residential Low Density A Zoning District (see Figure 4 - Zoning Map Excerpt). According to the Town of Southold Zoning Ordinance, the R-80 Residential District permits, but is not limited to, the following: single-family dwellings, agricultural uses, Town structures, schools, fire districts and park districts. Public utility buildings or structures, including cellular communications towers and antennas, are allowed in the R-80 Residential Zoning District when granted a Special Exception by the Zoning Board of Appeals. The zoning and land uses of the surrounding area are as follows: NoAh: North of the subject site, zoning designations include R-80 Residential Low Density A and R-40 Residential Low Density AA Districts, which are developed with residential, religious and educational uses. South: The area to the south of the subject site is zoned R-80 Residential Low Density A and R-40 Residential Low Density AA Districts. This area is predominantly developed with single-family residences with some agricultural uses and cemeteries. East: Properties to the east are predominantly developed with residential and agricultural uses, which are zoned R-80 Residential Low Density A District. Additionally, a single parcel along Main Road is zoned General Business and developed with a gasoline service station. West: Immediately to the west of the subject site are residential and commercial properties, zoned R-40 Residential Low Density A and General Business Districts. Additionally, commercial uses, zoned Hamlet Business ("HB"), are located to both the northwest and southwest of the subject site. 7 Note that zoning map excerpt is not shown to scale. Source: Town of Southold Zoning Map, November 2004. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Figure 4 From a planning perspective and given the area in which the facility must be located to address wireless service deficiency, based on information provided by the applicants, the proposed use of the subject site for the installation of a public utility communications facility is appropriate. The areain which the facility must be placed is primarily characterized by residential uses with commercial, educational and religious development proximate thereto (see Figure 5 - Aerial Photograph). Moreover, the applicant has designed a facility (antennas concealed within a previously-approved "flagpole" monopole with associated equipment at ground level) that will provide a needed service while minimizing the effects on neighborhood and visual character. 9 Orient Fire District - Orient, Town of Southold Ovel'v|ew IMap Layers Transportation Interstate & Major Highways 0 '~00 200 feet 1© Orient Fire District Orient, Town of Southold 2/16/2006 1:24PM Page 1 of t http://wwwt .nysgis.state.ny.us/print/index.cfm Figure 5 Environmental Considerations Since the site would be unmanned, there would be minimal impact on the environmental conditions in the area. The facility would not generate sewage or solid waste and would not need to be supplied with potable water. The traffic generated by the proposed project would also be minimal - approximately one trip per month to check the equipment. As the proposed project involves the installation of antennas within a previously-approved flagpole and associated ground-based equipmem on developed property, there would be no significant impact to soils or topography nor would the proposed project affect area drainage. Since there would be no sewage generation or water use, there would be no impact to surface water or to groundwater quantity or quality. The site is not located in a 100-year flood plain, and there are no wetlands on or adjacent to the site. Therefore, there would be no impact to such resources. It should be noted that consultation with the New York State Office of Parks, Recreation and Historic Preservation (see Appendix B) indicates that the proposed public utility communications facility would have "No Adverse Effect on historic resources." 11 FINDINGS AND CONCLUSIONS Based upon an inspection of the proposed public utility communications facility site and surrounding areas, analysis of the surrounding land uses, zoning and environmental conditions, and an evaluation of the characteristics of the proposed public utility wireless communications facility, the following findings can be made: As the antennas would be concealed within a previously-approved "flagpole" monopole and ground-based equipment would be situated proximate to the rear of the existing fire district building, behind fencing and landscape buffers, visual impacts would be minimized. There would be minimal impact on the environmental conditions of the area as the proposed public utility communications facility would be situated on a previously developed property. The unmanned facility would not generate sewage or solid waste and would not require potable water. Thus, there would be no significant adverse impacts to groundwater quantity or quality. As the facility would be remotely monitored, traffic impacts would be minimal. Based upon the analysis conducted herein, the installation of antennas within the flagpole and placement of associated ground-based equipment would not result in substantial changes to the physical characteristics of the neighborhood nor would it result in significant adverse impacts to neighborhood character orthe environmental conditions of the area. In conclusion, given the areain which the proposed facility must be placed in order to meet the service deficiency gap, the applicants have chosen a location and designed the proposed facility in a manner that would serve to minimize potential adverse impacts. 12 APPENDIX A FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Photograph No. 1: View of the Orient Fire Dishfct building from the north side of Main Road. Photograph No. 2: View of the proposed equipment location on the south side of the Fire District building. Note the existing antenna structure. Photograph No. 3: View of the Oysterponds Elementary School, located to the north of the subject site. Photograph No. 4: View of the gasoline service station located northeast of the subject property on Main Road. Photograph No. 5: View of residences east of the subject site, note that ag~ricultural uses lie beyond. Photograph No. 6: View ora residence located to the southeast of the subject site. Photograph No. 7: View south of the subject site. Photograph No. 8: View east of the subject site on Tabor Road. Photograph No. 9: View of the cemetery and commercial structure located on the southwest comer of Main Road and Tabor Road. Photograph No. 10: View of a single-family residence and the Orient Congregational Church located on Main Road to the northwest of the subject site. APPENDIX B FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. ~ ~ New York State Office of Parks, Recreation and Historic Preservation uJ _u Historic Preservation Field Services Bureau ~ ~EW¥O~s'rATE ~ Peebles island, PO Box 189, Waterford, New York 12188-0189 Bernadette Castro 518-237-8643 March 17, 2006 Ginny Watral, Vice President, Planning Freudenthal and EIkowitz Consulting Group, Inc. 368 Veterans Memorial Highway, Suite 3 Commack, NY 11725 Re: FCC Proposed Communications Facility 2330 Tabor Road Orient, Suffolk County 02PR04998 Dear Ms. Watral: Thank you for providing the State Historic Preservation Office with information concerning the proposed changes to the previously proposed communications tower at the Orient Point Fire Station. We received the information on February 17 and have reviewed the proposal in accordance with the provisions of Section 106 of the National Historic Preservation Act of 1966. It is the opinion of the State Historic Preservation Office that the project will have No Adverse Effect on historic resources with the following condition: · If the proposed location of the tower changes, our office receives a revised site plan to review and approve. Please continue to refer to the PR number at the top of the letter if you respond. If you have any questions, please call me at (518) 237-8643, ext. 3252. Sincerely, Sloane Bullough Historic Sites Restoration Coordinator An Equal Opportunity/Affirmative Action Agency APPENDIX C FKEUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Theresa Elkowitz, President 368 Ve~.erans Memorial Highway, Suite 3 CURRICULUM VITAE OF THERESA ELKOWITZ Commack, New York 11725 Tel: (631) 499-2222 Fax: (631) 499-5928 fecg@fecg.us OVERVIEW Theresa Elkowitz is the president of Freudenthal & Elkowitz Consulting Group, Inc. (F&E), an environmental and planning consulting firm. She is well-versed in the State Environmental Quality Review Act (SEQRA) process and has prepared numerous Environmental Assessment Forms (EAFs); Draft and Final Environmental Impact Statements (DEISs and FEISs); planning and zoning studies, visual assessments; environmental assessments and associated evaluations. Not only has she worked with public and private clients on the administration of the SEQRA, but she also serves as a member of the Suffolk County Council on Environmental Quality (CEQ) and the Suffolk County Historic Trust, and was CEQ Chairperson for approximately fifteen years. The CEQ is responsible for recommending SEQRA determinations, holding public hearings and administration of the environmental review process for actions proposed by the County of Suffolk. Ms. Elkowitz provides expert testimony and affidavits to various Town and Village Boards, Planning Boards and Zoning Boards of Appeals on planning, zoning and environmental matters and has provided testimony and affidavits in court cases. Ms. Elkowitz has also served as Municipal Planner and/or provided consulting planning and/or environmental services to the Incorporated Villages of Lake Success, Manorhaven, Great Neck Estates, Old Brookville, Brookville and Sands Point and the Town of Babylon and City of Glen Cove. In addition, to ensure compliance with SEQRA, Ms. Elkowitz provides environmental consulting services to various school districts including, but not limited to: Cold Spring Harbor, East Quogue, Half Hollow Hills, Jericho, Lindenhurst, Three Village, Plainview-Old Bethpage, Rocky Point, East Williston, Eastport-South Manor, Westhampton Beach, Harborfields, Patchogue-Medford, Port Washington, East Moriches, Smithtown, Bay Shore, Kings Park, Commack, Oyster Bay-East Norwich, Bellmore-Merrick, Seaford and Wantagh and to various public libraries including, but not limited to: Manhasset, East Islip and Hauppauge. Ms. Elkowitz has also lectured on SEQRA and its implementing regulations as well as on various planning and municipal land use matters. Some of her recent lectures include those to the Eastern Suffolk BOCES School Business Officials (2003), Suffolk County Legislature (2002), Touro College Department of Continuing Legal Education (2002 and 1999), New York State Conference of School Superintendents (2001), Local Government Officials Seminar (i 999), City of Glen Cove Mayor's Staff Seminar (1999), New York State Conference on the Environment (1997), Suffolk Academy of Law Land Use Conference (1996), and New York State Bar Association Municipal Land Use Controls Seminar (1996). 2 Prior to forming F&E, Ms. Elkowitz spent several years managing environmental projects for a consulting engineering firm. She has been involved in many diverse projects including the preparation of DEISs and FEISs, Local Waterfront Revitalization Programs, wetland evaluations, water use and conservation plans, municipal and private planning studies, grant applications, as well as solid waste management plans and Part 360 permit applications. Before entering the field of environmental and planning consulting, Ms. Elkowitz was employed by the Town of Brookhaven Department of Housing, Community Development and Intergovernmental Affairs. She was responsible for preparing environmental assessments for community development projects in accordance with SEQRA and the National Environmental Policy Act (NEPA). Representative projects/documents which Ms. Elkowitz has supervised, prepared and/or had a significant preparatory role include, but are not limited to: DEIS and related SEQR/CEQR Documentation for Kensico Water Pollution Control Program for New York City Department of Environmental Protection; DEIS and related SEQR/CEQR Documentation for Fresh Kills Landfill for New York City Department of Sanitation; EAFs, DEISs, Determinations of Significance and Notices for various School Districts; DEIS for Rezoning of 147+ acre Nassau County Property for Nassau County; DEIS and FEIS for Rezoning of 170+ acre Roosevelt Raceway for property owner; Various Planning, Zoning, Environmental and Visual Assessments for Public Utility Communications Facilities and other Wireless Carriers; DEIS and FEIS for development of 22+ acre commercial center in Stony Brook for private applicant; LWRP and environmental and planning tasks for Incorporated Village of Manorhaven; DEIS and FEIS for 200+ unit Planned Retirement Community in Amityville for private applicant; DGEIS for creation of Incentive Zoning District for the Town of Goshen; 3 DEIS and FEIS for 23+_ acre subdivision in the Village of Kings Point for private applicant, USACOE and NYSDEC wetland applications and presentations at public hearings; DEIS and FEIS for a commercial building in Woodmere, securing of NYSDEC and USACOE wetland permits, presentations at public hearings; Preparation of an EAF and environmental report for a proposed solid waste management recycling facility in Brookhaven; EAF and Environmental Report for proposed 40 unit residential development for the deaf in Coram; DEIS and FEIS for residential and commercial development in Riverhead, securing a NYSDEC Freshwater Wetland Permit; DEIS and FEIS for waterfront condominium complex in Freeport, expert testimony on wetlands and representation of client before Freeport Planning Board, preparation of NYSDEC and USACOE Wetland Applications; DEIS and FEIS for corporate park in Holbrook, data collection and preparation of economic analysis report for proposed corporate park; DEIS and FEIS for 80 unit residential condominium complex in Coram, preparation of wetland application; FEIS for an affordable housing development in Riverhead, preparation of an Affordable Housing Corporation Grant Application; DEIS and detailed water use and conservation study for Marriott Hotel expansion, Uniondale, expert testimony associated with SEQR process; DEIS and FEIS for residential subdivision in Beekman/East Fishkill, expert testimony associated with SEQR process; DEIS and FEIS for an office condominium complex in Wantagh, expert testimony associated with SEQRA process, preparation of NYSDEC freshwater wetland permit application; DEIS and FEIS for a shopping center in Patchogue, expert testimony associated with SEQILA process. 4 EXPERIENCE Principal and Corporate President. Responsible for operations of a multi-disciplined environmental and planning consulting firm. Technical tasks include the preparation of environmental impact statements; environmental assessment forms; site assessments; waterfront revitalization programs; wetland evaluations; planning studies; and various permit applications and related analyses for public and private clients. Environmental presentations and expert testimony before various municipal boards and community groups. Administrative tasks include all business operations, personnel management, budgeting, billing, marketing etc. Freudenthal & Elkowitz Consulting Group, Inc., 368 Veterans Memorial Highway, Commack, New York. August, 1988 - Present. Environmental Proiect Manager/Planner. Responsible for the preparation of environmental impact statements, environment assessments and planning studies for private clients and municipalities. Environmental presentations and testimony to Town Boards and Planning Boards. Preparation of various New York State Department of Environmental Conservation, U.S. Army Corps of Engineers, Nassau County Department of Health and Suffolk County Department of Health Services permit applications. Coordination of State Environmental Quality Review procedures. Site evaluations and environmental assessments for real estate developers. Administrative functions including proposal and contract preparation, budget analysis, and billing. Supervision of professional and support staff. Baldwin & Cornelius, P.C., 210 Express Street, Plainview, New York. December, 1986 -August, 1988. Neighborhood Aide/Assistant to the Housing Rehabilitation Administrator. Completion of environmental reviews for all Community Development projects in accordance with SEQR and NEPA. Preparation of grant proposals. Assisted in the first affordable housing program for the Town of Brookhaven - the Neighborhood Homes Program. Credit feasibility analyses for SONYMA mortgage applicants. Interviewing for residential rehabilitation, materials grant and townwide handicap ramp programs, evaluation of applications and subsequent loan recommendations. Monitoring and coordinating of the Materials Grant and Townwide Handicap Ramp programs, monitoring of loan repayments and analysis of project income. Solicitation of consultants and engineers for pnblic works projects. Coordination of public works projects and contract compliance with federal regulations. Preparation of budgets and recommendations for policy changes. Town of Brooldaaven Department of Housing, Community Development and Intergovernmental Affairs, 3233 Route 112, Medford, New York. November, 1983 -November, 1986. Instructor. Preparation of and teaching biweekly recitations in algebra and introductory microeconomics, private tutorials, assigning and grading homework and examinations. Association for Public Policy and Management Summer Institute for Minority Students, W. Averell Harriman College for Policy Analysis and Public Management, State University of New York at Stony Brook, New York. Summer, 1983, 1984 and 1985. 5 EDUCATION M.S., Policy Analysis and Public Management; W. Averell Harriman College for Policy Analysis and Public Management. May, 1985. B.A., Liberal Arts; State University of New York at Stony Brook. May, 1985. SPECIAL PROJECTS Consultant. Responsible for the formulation, implementation and administration of the Residential Rehabilitation Program for the Incorporated Village of Lake Grove. Tasks include interviewing clients, evaluating applications, program coordination, project monitoring and payments. Fall, 1985 -1987. MEMBERSHIPS Member, Suffolk County Council on Environmental Quality Board of Directors, YMCA Board of Directors, Long Island Builders Institute HONORS, AWARDS AND DESIGNATIONS Certified Environmental Specialist and Certified Environmental Inspector, Environmental Assessment Association, 1994. Magna Cum Laude Graduate, State University of New York at Stony Brook. May, 1985. Winner, Presidential Management Intern Program. Spring, 1985. F'7'r Town Hail, 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 Fax (631) 765-9502 Telephone (631 ) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTI-IOLD August 17, 2006 Edward John Boyd V PO Box 1468 Southold, NY 11971 Mr. Boyd, I have received your amended plan for building permit #32006 for construction of a communications tower on behalf of the Orient Fire District at 23300 Main Road, Orient (SCTM#18-5-13.8). Your amendment has been approved and no further action is necessary. If you have any questions, feel free to call me at 631-765-1802. D~-~ o n Ralli s, Ferntig.E, xami~r Cc: File, ZBA, Planning ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda. KowalskiC, Town. Southold.ny.us Jayne. Martin~Town.Southold.n¥.u,~ (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO DATE: RE: FORM NO. 3 NOTICE OF DISAPPROVAL TO: Munley, Meade, Nielsen & Re AJC Orient Fire District (VERIZON 36 North New York Avenue Huntington, NY 11743 Please take notice that your application dated September 23, 2005 ~qAR 1 6 2006 RENEWED: March 14, 2006 For permit for co-location of a wireless antenna on an existing telecommunications tower with related equipment structure at Location o£property: 23300 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block5 Lot 13.8 Is retumed herewith and disapproved on the following grounds: The proposal requires special exception from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board. ~utho~ Si~a~r~/~You ma,/app lyg. o'~'t'lt o f these ag encies direct 1¥. ~ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., Planning FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 12, 2005 TO: Munley, Meade, Nielsen & Re A/C Orient Fire District (CINGULAR) 23//Jgff/~ ~D 36 North New York Avenue Huntington, NY 11743 Please take notice that your application dated September 23, 2005 For permit for co-location of a wireless antenna on an existing telecommunications tower with related equipment structure at Location of property: 23300 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block5 Lot 13.8 Is returned herewith and disapproved on the following grounds: The proposal requires special exception from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board. You may avvlv to both o£these a~encies .......... :-'-~'x"~ / ) directly. ~' X~-ffffior/t~ed Sign~- ' Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., Planning May 10, 1006 VIA UPS MAY 1 1 2006 Ruth D. Oliva, Chairperson, and Members of the Town of Southold Zoning Board of Appeals Southhold Town Annex North Fork Bank Building 54375 Main Road Southold, NY 11971 Application of New Cingular Wireless PCS, LLC, ("Cingular") Nextel of New York, Inc. ("Nextel") and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless" For Special Exception Approval Proposed Wireless Telecommunications Facility Premises: Orient Fire District 23300 Main Road Orient, New York SCTM#: Section 18, Block 5, Lot 13.8 Dear Chairperson Oliva and Board Members: On May 4, 2006, we received communication from Linda Kowalski requesting additional information regarding removal of the communications pole at the Orient Fire District. To that end, we enclose the following: Estimate prepared by BCI Communications, Inc. regarding the removal of the flagpole tower and refurbishing of the compound area; Document entitled "Supplement to BCI Communications, Inc. Scope of Work" in which each of the questions you raised are answered in order. In addition, we wish to reiterate that we have been advised that the Communication Site Lease Agreement between Beacon Wireless Management and the Orient Fire District expressly requires Beacon to remove the pole and related improvements and to restore the premises in the event the pole is no longer needed. We trust this information will be sufficient for your needs. Very truly yours, MUNLEY, MEADE, NIELSEN &RI~ By: La~re, vc~C. R& Lawrence C. R6 LCR:ew KI5/03/2006 WED 15:44 FAX 2017055 BERLINER COMM. COMMUNICATIONS INC. Scope of work Removal of existing 90' flagpole tower and reinstatement of compound area at Orient Fire District. · Disassembly of tower and stacking onto flatbed truck- 1 crew/1 day. · Crane · Manlift · Trucking · Remove fence · Remove concrete foundation to 12" below grade · Landscape $2200.00 $1575.00 $1000.00 $1000.00 $1300.00 $2300.00 $400.00 TOTAL- $9775.00 2fl Fhl~hes l,am' Ehnnt~{)d I ark. NJ 07407 1 hone: 20.1z.7_9_1- ~ 2fl0 Fax: 201-791-4555 Wcbsilc: x~ wmbcisitcs.com SUPPLEMENT TO BCI COMMUNICATIONS INC. SCOPE OF WORK , FOR REMOVAL OF 90' FLAGPOLE TOWER AND REINSTATEMENT OFI AREA AT ORIENT FIRE DISTRICT Application of Affordable Housing Associates d/b/a Beacon Wireless Management; New Cingular Wireless PCS, LLC, Nextel of New York, Inc. and New York SMSA Limited Partnership d/b/a Verizon Wireless Question # 1 Please describe the structures and activities involved for removal, and when and what time activities will take place. How are tower and structures going to be demolished and the type of equipment that will be used and cost involved. Response Removal of fence surrounding the compound; removal of the tower; removal of the foundation to one (1 ') below grade; removal of any gravel from compound area; regrading and seeding of the area and re-establishing of five cedar trees that currently exist on the site; trees planted as a screen for the compound will be removed. The tower will be dismantled by unscrewing anchor bolts to separate tower into individual component sections of approximately 22 feet in length. Each section will be dismantled individually with the assistance of a crane and will be removed by truck. The cost involved is noted on the attached BC! Communications Inc. cost breakdown. Removal activities will take place during regular working hours, i.e., 9:00 a.m. to 5:00 p.m., Monday through Friday. Question #2 Describe how tower and related structures will be dismantled from the top down using a crane. (Will the tower be felled like a tree?) Response The removal process is as described in the response to Question #1. The tower will not be felled like a tree. Question #3 Will the tower be crushed on site or will it need to be cut into smaller sections for removal? Please describe total process to complete. Response The tower will not be crushed on site. It will be dismantled in smaller sections as described in the response to Question #1. Question ~4 What is the tower constructed of and its weight? Response The tower is constructed of galvanized steel Weight of the tower: 17,580 lbs. Question #5 Describe the size of the foundation and all related structures: Response Size of Foundation: 16 feet square x 16' x 2.5' The related structures are the electrical panel installed by LIPA and the CSC for the cable lines described in response to Question #6 below. Question #6 What are the related structures constructed of and how much weight is involved? Response Two related structures: Electrical panel installed by LIPA: approximately 500 lbs. CSC for cable lines: approximately 500 lbs. Question #7 How much reinforcing needs to be cut in order to reduce the size for transportation? Response None. Question #8 Describe how landscape will be restored and costs involved. Will items need to be replaced? (Grass, Asphalt Pavement, Landscaping, etc.) Response We will regrade property, reseed and replace the five (5) trees that are presently on the property. Question #9 If there will be recycling, please describe. Response The tower may be used in another location. Question #10 Provide an estimate of costs and method of trucking, location of approved site for disposal and fees. Response Related costs are noted on the attached BIC Communications Inc. cost breakdown. The tower will be stockpiled or inventoried for future use. Question #11 What would be the cost to ensure maintenance and protection of adjacent property? Response Adjacent property would not be affected. Question #12 ~ Please show contingency fees and provide inflation factor on the cost estimate from date of approval to date of decommissioning. Response No contingency fee is required. Removal of pole is routine. Question #13 Who will be responsible for completion of the above activities? Response Affordable Housing Associates d/b/a Beacon Wireless Management. TOWN OF SOUTHOLD: BOARD OF APPEALS STATE OF NEW YORK: COUNTY OF SUFFOLK In the Matter of the Application of NEW CINGULAR WIRELESS PCS, LLC, NEXTEL OF NEW YORK, INC. and NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS For Special Exception Approval, pursuant to Article XVI of the Code of the Town of Southold, to install a public utility wireless telecommunications facility at the premises ("Premises"): AFFIDAVIT OF RADIO FREQUENCY ENGINEER 23300 Main Road Orient, New York District 1000, Section 18.00, Block 05.00, Lot 013.008 STATE OF NEW JERSEY ) ) SS.: COUNTY OF PASSAIC ) RICHARD CONROY, being duly sworn, deposes and says: 1. I am a radio frequency engineer and principal of Pie~Con Solutions, LLC. As a radio fi:equency engineer, I am trained to identify service deficiencies in wireless telecommunications networks and to evaluate the ability of specific antenna sites to remedy service deficiencies for providers of wireless telecommunication services. I am fully familiar with antenna networks of New Cingular Wireless PCS, LLC, Nextel of New York, Inc. and Verizon Wireless (referred to herein as "the applicants") in the Town of Southold. This Affidavit is submitted pursuant to Southold Town Code §100-163D(2), (4), (8) and (9). 3. Each of the applicams is considered a public utility for zoning purposes under the laws of the State of New York and is licensed by the Federal Communications Commission to serve the public within Suffolk County and throughout much of the United States. 4. Pursuant to this application, the applicants request approval to affix public utility wireless telecommunications antennas within the proposed flagpole, and install related equipment on the ground level at the Premises, as depicted in the plans previously submitted to the Board. 5. Each of the applicants strives to provide reliable service throughout its licensed coverage area. At present, there is a substantial service gap in the wireless telephone coverage for each applicant in the vicinity of the proposed site. A service gap exists if the user of a mobile telephone cannot reliably transmit, receive or maintain a voice or data call. 6. The service gap in coverage that now exists in the vicinity of the proposed site prevents each of the applicants from providing reliable service in the area. This unreliability represents an inconvenience to users of the services of each applicant and can have serious consequences during times of emergency or disaster. 7. In order to understand why the proposed antenna site is needed, it is necessary to understand how a wireless telecommunications system works from an engineering standpoint. 8. Each of the applicant's wireless communication system is designed so that low powered base stations are strategically located at determined distances apart and at predetermined heights. The signal path of the system is generally "line of site." Due to such factors as hills, valleys, trees, buildings, and other physical obstructions and due to the nature of radio waves, each coverage area is irregularly shaped. These coverage areas, therefore, have some overlap to ensure "seamless" coverage. With some overlap and sufficient signal strength from each base station, the user can move through these cells and not lose a call. The sites are ordinarily engineered to cover a limited area so that an antenna facility will cover only the area surrounding it but will not interfere with other sites in the system. 9. In order to eliminate the service deficiency in a particular area, each applicant performs propagation studies to determine the height and location of the needed cell site. Based on its studies, each applicant determined that an antenna facility would have to be established within a narrowly defined search area in order to eliminate the service gap in question. In this case, we determined that the installation of the proposed facility would allow each of the applicants to provide reliable service in the vicinity of the Premises. 2 10. The proposed antennas must be affixed at the height shown on the plans previously submitted to the Board in order to ensure that reliable service can be afforded to users in the vicinity of the site. The location and height of the antennas is determined by some or all of the following factors: drive test data, the location of existing antenna sites in the ama, topography in the surrounding ama, land cover features in the ama such as buildings and foliage, and the results provided by computer propagation software that enables radio frequency engineers to predict the anticipated signal propagation at a given height and location. 11. In order to illustrate the affect that the proposed site would have on coverage in its vicinity, maps have been prepared for submission to the Board at the public hearing. The maps depict the areas for each applicant presently enjoying reliable service in the vicinity, and the area to be served by the proposed site. 12. The proposed facility is of vital importance to the efforts of each applicant to provide reliable service to the area in question. Unless this application is granted, the applicants will be unable to provide reliable service in the vicinity of the Premises. 13. The antennas proposed will not interfere with radio or television service or public safety telecommunications in the surrounding area. 14. Based on the foregoing, the proposal represents an excellent choice. The proposal will enable the applicants to provide reliable service in the area in question and will have minimal affect on the aesthetics or character of the surrounding area. ~' Ra~Jmlio Frequela~y Enr~'Yneer Sworn to before me this~qq~ da~' of March, 2006. R'~ PUI~IC APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 13, 2006 Appl. No. 5863 - ORIENT FIRE DISTRICT Zone District: R-80 Residential Property Location: 23300 Main Road (State Route 25) and Tabor Road, East Marion CTM 1000-'18-5-13.8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 4.355 acres, situated on the south side of the Main Road (NYS Route 25) and the east side of Tabor Road in East Marion. The property is improved with the following buildings and structures: (a) fire station with an existing antenna facility and (b) detached metal building. BASIS OF APPLICATION: The Building Inspector determined on March 1 and March 8, 2006 (as amended), that the relocation of the OFD communications tower will require approvals under Section 100-162A (1) and (3) by the Zoning Board of Appeals. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: This application is strictly limited to a proposed change in location for a 90 ft. high wireless communications tower to be erected and used by the applicant, Orient Fire District ('OFD'). Previous approvals for this facility were granted on March 31, 2005 under Appeal No. 5408 with respect to Code Sections 100-162A, for the same 90 ft. high tower and use by the special district (OFD). RELATED INFORMATION: The Orient Fire District has a current building permit issued June 22, 2005 under No. 31215, by the Southold Town Building Inspector. The OFD has an existing antenna facility at the Orient Fire Station, also used by the Town Police Department to transmit and receive messages to and from its various mobile units, marine units and personnel patrolling the areas and adjacent waters. The purpose of the Page 3 - April 13, 2006 Appl. No. 5863 - Orient Fire District 18.-5-t3.8 at Orient 2. Grant of the amended location, on the same site, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 3. The demonstrated difficulty is not self-created insofar as the safety considerations the tower will address are the result of problems of inadequate communications based on the current state of the science of radio communication. 4. While safety is the primary concern, other values, such as aesthetic considerations, character of the neighborhood, and preservation of the scenic nature of the State- designed Scenic Byways Corridor must be heeded to the extent that they do not compromise the tower's effectiveness in the locale it is designed to serve. In addressing visual concerns, the applicant has offered: a) a neutral color and flagpole design, and b) to locate the structure behind the existing OFD buildings as far south from the Main Road as feasibly possible, and (c) to move the location closer to the OFD building. 5. Also, after considering the heights of the existing towers in Mattituck and Southold, and the police request for a 90 ft. high AGL system, it is the Board's determination that a 90 ft. tower by the OFD is the minimum necessary to be sufficient for the purposes requested. 6. The OFD does not own any other property other than the subject parcel, and the benefit cannot be sought by some method, feasible for the applicant to pursue, other than an area variance for the amended location on this parcel. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, shown on diagrams prepared and signed March 6, 2006 by Michael Walker. /' (~e~'~rd P. Goehringer ~/1/2006~ ,'"'~.pproved for Filing / MUNLE¥, MEADE, NIELSEN ATTORNEYS AT LAW .t6 North New York AY*hUe Hunt0~gton, New York 11743 (631) 425-4100 Teleeopier (631) 42~-4104 TELECOPY TO THE FOLLOWING NUMBER: TO: N~IE: MAR 631-765-313 Victor L'Eplattenier. Site Plan Reviewer, town of Southold 15 FROM: Apphcation for Site Plan Approval New Cingular Wireless PCS, LLC Premises: East Marion Fire District, 9245 Main Road, East Marion, NY NAME: Ryan Dassau DATE: M~cb 14, 2006 MESSAGE: As Per our conversation ycstm'day afternoon, ~ransmitted h~ewith please fred the revised site plans for the captioned application. Please note that these revisions d~ict the pmposod wireless f~ility in the specific location discussed by all parties present at the site visit held on the morning of Wednesday, March 8, 2006. Once the Planning Board and Architectural Re,Aew Committee review the revised plans and pravide comments, we wSll preps.re and forward fuji sets of drawings. TOTAJo NUMBER OF PAGES: 4 (Including Cover Page) 2006 PLEASE NOTE The int'ormatton contained tn this facshngle message is privileged and confidential and is intandcd only for the use of the individual named above and others who have been specifically author/zed to receive such information. Ifthe recipient is not the intended reciplent, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, If you have received thls eonnnunication in error, or if any problems occur with transmission, please notify us Immediately by telephone at (631) 425-4100. Thank you. G, ,APH SCA~E OVERALL SiTE PLAN i n Ii n, i g y I',~mu'','~ LEASE EXHIB!T PLAN ~, ~ ~_~ ~AIN ROAD ~-~, J ~ST.~RION NY i \ \ / / / SITE LAYOUT GRAPHIC SCALE 0 · PROXIW~TE SCALE: 1" i. ? f. ! n,, ,.i g y I :? ILEAS EXHIBIT PLAN ~ J · ~ ~ J o~/~ SITE LO, Ll-1017 r~ ~ ~ ,~-~= MAIN ROAD ~-o~, ,,J ~T ~RION, ~ 1 939 PAGE 84 ANI'~NNA F~AWE PLAN V~EW $CUTH FLAGPOL~ ...~-EVA?ION EASE EXHtBI PLAN ROAD MARI~N, Ny 1!9~9 OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 htJlz//southoldtown.northfork.net Email(__~nd__a)~Owalski~Town.Southold.ny.us Jayne. Martin~,Town. Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during reco~'ding) office fax (631) 765-9064 VIA FAX ~,~, C- x/lO'7L MEMO. TO: DATE: RE: APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Please provide an itemized cost estimate with detailed description of the scope of work and the following information and steps related to the removal process of tower facility with equipment: Please describe the structures and activities involved for removal, and when and what time activities will take place. How are tower and structures going to be demolished and the type of equipment that will be used and cost involved. Describe how tower and related structures will be dismantled from the top down using a crane. (Will the tower be felled like a tree?) Will the tower be crushed on site or will it need to be cut into smaller sections for removal? Please describe total process to complete. What is the tower constructed of and its weight? Describe the size of the foundation and all related structures. What are the related structures constructed of and how much weight is involved? How much reinforcing needs to be cut in order to reduce the size for transportation? Describe how landscape will be restored and costs involved. Will items need to be replaced? (Grass, Asphalt Pavement, Landscaping, etc.) If it is located in an open grass field, restoration would be easier than removing it from a location adjacent to a building. If there will be recycling, please describe. Provide an estimate of costs and method of trucking, location of approved site for disposal, and fees. What would be the cost to ensure maintenance and protection of adjacent property? Please show contingency fees and provide inflation factor on the cost estimate from date of approval to date of decommissioning. Who will be responsible for completion of the above activities? FLAGGED CONSTRUCTION AREA Premises: Premises: 23300 Main Road, Orient, NY SCTM#: 1000-18-5-13.8 Application to the Southold Board of Appeals of NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY successor in interest to LIN CELLULAR COMMUNICATIONS, LLC successor in interest to CELLULAR TELEPHONE COMPANY; NEXTEL OF NEW YORK, INC. d/b/a NEXTEL COMMUNICATIONS; and NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS FLAGGED CONSTRUCTION AREA Premises: Premises: 23300 Main Road, Orient, NY SCTM#: 1000-18-5-t3.8 Application to the Southold Board of Appeals of NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY successor in interest to LIN CELLULAR COMMUNICATIONS, LLC successor in interest to CELLULAR TELEPHONE COMPANY; NEXTEL OF NEW YORK, INC. d/b/a NEXTEL COMMUNICATIONS; and NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS Th__~eTownofSout odeofEthics rohib._itsconflictsofint the artofTowqofficer__.___s_s and employees. Tl~l~l~ose of this £orm is to provide informatil~ffilllicb can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. LIN Cellular Communicaicions (NY) LLC, ¥OURNAME: successor in interest to Cellular Telephone Company (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other X If "Other", name the activity: Spec i al Exception Approval Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficiaI owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCP,.IPTION OF Rt!LATIONSHIP Subinitted this ~f J Signature: By/"x~-Ix ~ Print Name: ~0S('[~H~ SW~"~ Sys~ Development Manager TRANSACTIONAL DISCLOSURE FO~ The Town Ethics prohibits conflicts of intere'?t~ffihe part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: New York SMSA Limited Partnership d/b/a Verizon Wireless (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other X If "Other", name the activity: Special Exception Approval Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this _~,Z22 dg¢p 9S9., Signature: Print Name~ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessaw to avoid same. YOURNAME: Nextel of New York, Inc. d/b/a Nextel Communications (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other X If "Other", name the activity: Speci al Exception Approval Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) an4/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submi~ed this ]/~ay,~o f Signature: By: //~/ PrintName: A~i~IO'D~t~AdA~j Senior Mad~ger, Site Development QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject prelmses listed on the real estate market for sale? [] Yes ~ No Axe there any proposals to change or alter latrd contom's? [] Yes ~No 1) Axe there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? N/^ 3) Is the property bulkheaded between the wetlands area and the upland building area.'? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/^ Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If slope is over 5' el., state "n/a".) Axe there any patios, concrete bm'tiers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (If none exist, please state "none".) Do you have any construction taking place at this time conceruing your premises? No If yes, please submit a copy of your building penrdt and map as approved by the Building Department. (If construction is "as built" without a permit, please state when construction was built, and relevant information: Do you or any co-owner also own other land close to this parcel? explain where or submit copies of deeds. If yes, please H. Please list present use or operations conducted at this parcel Fi rehouse and Publ J c Safety and proposed use P u b l i c U t i 1 i ty W i r e l e s s / (please indicate if the same, or ho~y it is proposed if different). Tel ecommun i cations Faci 1 i ty LIN Cellular ~ol~mu~nicatio~ns (NY) LLC, successor in l~nt~e~r~st~m:FCellular Telephone Compan~ ! By: ~ ,~.~ ~ ~ Date: O~ ~ ~ ~ (~ Authoriz"~il~ilatuX/e' aXt~l bate -- ' ' JOSEPH ~SWI~ET, System Development Manager ZBA Forms_Qi~TIONNAiKE.doc 1002 *See attached Addenda "A" and "B" for co-applicant signatures. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ADDENDUM A Premises: 23300 Main Road, Orient, New York SCTM#: 1000-18.00-05.00-013.008 Co-Applicants: (2) Nextel of New York, Inc. d/b/a Nextel Communications One North Broadway White Plains, New York 10601 (914) 421-2600 (3) New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road Rockland Corporate Park West Nyack, New York 10994 (914) 714-7000 Premises: SCTM#: As to Co-Applicant (2): APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS QUESTIONNAIRE ADDENDUM B 23300 Main Road, Orient, New York 1000-18.00-05.00-013.008 By: ANI~W AJA~I~ Senior Manager, Site Development d/b/a NEXTEL Date: Page 1 of 2 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS QUESTIONNAIRE ADDENDUM B Premises: 23300 Main Road, Orient, New York SCTM#: 1000-18.00-05.00-013.008 As to Co-Applicant (3): NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON..WIRELES S (] , BY~~7~ ~(~ Print Name~and Title Date: Page 2 of 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20 Approved ,20 Disapproved afc Expiration ,20 PERMIT NO. BUILDING~r~T APPLICATION CHECKLIST Do y'~rhave or need the following, before applying? Board of Health 3 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Contact: Lawrence C. Re' Mailto:MUNLEY,MEADE,NIELSEN & RE' 36 N. New York Ave.,Huntington,N) ?hone: 631-425-4100 11743 Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS 20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing cooke, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. . ~'~'~ .' ,~.~..,., Nextel/ot N,ew(¥orrv( Inc. a/o/a , ifa corporation) Andrew Ajae ;r. Manager, Site Development I North Broadway, Whihte Plat.ns, NY 10601 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Lessee Nameofownerofpremises Orient Fire District (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer Andrew Ajaeb~ Senior Manager, Site Development (Name and title of corporate officer) Builders LicenseNo. Plumbers LicenseNo. Electricians LicenseNo. Other Trade'sLicenseNo. Location of land on which proposed work will be done: 23300 Main Road t'~t~e Number Street Orient Hamlet County Tax Map No. 1000 Subdivision (Name) Section 18.00 Block 05.00 Lot 013.008 Filed Map No. Lot 2. State existing use and occupancy of premises and inten'ded use and occupanc~l~ proposed construction: a. Existing use and occupancy Firehouse and public safety b. Intended use and occupancy Public Utility Wireless Telecommunications Facility-Unmanned Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost $60,000.00 Fee 5. If dwelling, number of dwelling units If garage, number of cars N/A N/A Addition Alteration Other Work Eublic Utilitv Wirel~ ~e~ecemmunic~t~ens r~ci~ity (Deschption) (To be paid on filing this application) Number of dwelling units on each floor N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. /(FH: Firehouse; A=Accessory Building) , 7. Dimensions of existing structures, if any: Front FH:80; A=40 Rear FH:43; A=40 Height FH=30; A:25 Number of Stories FH=I; A=i Dimensions of same structure with alterations or additions: Front Depth Unchanqed Height Unchanqed 8. Dimensions of entire new construction: Front Height Number of Stories Unchanged Number of Stories N/A Depth FH=llO; A=80 Rear Unchanged Unchan9ed Rear Depth 9. Size oflot: Front 226'+ Rear 570'-+ Depth 4.58.'+ Irregular shaped lot. 10. Date of Purchase November 14,1985NameofFormerOwner Barbara Dwight Schriever ll. Zone or use district in which premises are situated Residential R-80 12. Does proposed construction violate any zoning law, ordinance or regulation? YES × NO__ 13. Will lot be re-graded? YES__ NO X Will excess fill be removed from premises? YES NO X Orient 23300 Main Road 14. NamesofOwnerofpremises Fire District Address Orient. NY PhoneNo. NameofArchitect Michael Walker Address S. Dartmouth ,MA PhoneNo 508-287-4313 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO X 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW~) SS: COUNTY OF p'_~ ) ANDREW AJAEB being duly sworn, deposes and says that ~)he is the applicant (Name of individual signing co~tract) above named, (~Heisthe SeniorMana~er, SiteDevelopmentofNextel of NewYork, Inc. d/b/aNextel Communications (Contractor, Agent, Corporate Officer, etc.) Lessee - Authorized Agent of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this II~ dayof ,J'~)r_.._, 20_0.9" Not~r~ Public Nextel fj~Ne~ Nexte~Comm7 Andrew A. r.k~, nc. d/b/a Fs tature of Ap_plicant Senior manager, Site Development KYLE A. RUSSEU_ c;ommlsslo~ ~ August 4, 2009 I.D. No.: 2317834 BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork,net/Southold/ Examined ,20_ Approved ,20.__ Disapproved a/c Expiration PERMIT NO. ~"~*~'~'n'~li~.~l~H ^rPLICA'rlON CHECKLIST Dv ~or need the following, before applying? Board of Health 3 sets of Building Plans Planning Board approval.. Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Lawrence C. Mail to:. [~[.EY, I~.P~, NIFI gg31 & RE' 36 North [~ York Ave., Huntin.~nn, Phone:__ 631-425-4100 11/4~ Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 ;ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or ~reas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit ~hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector ssues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of ssuanee or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the ~roperty have been enacted m the mteran, the Building Inspector may authorize, m writing, the extension of the permit for an ~ddition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Legulations, for the constmctmn of bml&ngs, addltmns, or alterations or for removal or demolition as herein described. The pplicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit uthorized inspectors on premises and in building for necessary inspections. ' .... ~- NewCinqdla~iheless PCS, LLC succ ssor in interest to LIN ~ELLULAR COMMUNICATIONS (NY~. LLC successor in interest to-CELLULAR TELEPHONE COMPANY (Signature of applicant, or name, if a corporation) 333 Crossways Park Dr., ht~dbury, NY 11797 (Mailing address of applicant) rate whether app]icant'isowner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder _ Lessee: ameofownerofpremises Orient Fire District ,. .. /Delawar.e linlfted liaJ~lit comp i~ on the tax roll or late }f_.pllCanr IS It~S . ml[:r~, ,aglr, e,~fffdul~Yautho~{z~{ed officer st eand 'ti o o' at " Jo~epa~ Swee~, ~e~rea~?of~pm~eerOt Manager filders License No. ambers License No. ectricians License No. her Trade's License No. deed) Location of land on which proposed work will be done: 23300 Main Road I~IlOX~!~ Number Street Orient Hamlet County Tax Map No. 1000 Subdivision (Name) Section 18.00 Block 05. O0 Filed Map No._ "Eof"013;'~08 __ Lot__ State existing use and occupancy of premises and ir~tended~ use and occupanc~f proposed construction: a. Existing use and occupancy Firehouse and Public Safety b. Intendeduseandoccupancy Public Utility Wireless Telecommunications Facility Nature of work (check which applicable): New Building. Repair Removal Demolition Estimated Cost $55,000.00 If dwelling, number of dwelling units N/A If garage, number of cars N/A Fee Addition Alteration Other Work Publ i c Util i tv W i vel ess leleccmunications (Description)Facility (To be paid on filing this application) Number of dwelling units on each floor N/^ 6. Ifb~iHness~ .co ,m. mercial 9r mi~xed occupan~cy,, sp. ecify nature and extent of each type of use. N/A / [~ = r~renouse; A: Accessory tmlliting') 7. Dimensions of existing stmctures, if any: Front FH=80; A:40 Rear FH=43; A=40 Depth FH=ll0:A:80 Height FH=30~ A:25 Number of Stodes FH:I; A:i Dimensi°ns of same structure with alterations or additions: Front UNCHANGED Rear UNCHANGED Depth. UNCHANGED Height UNCHANGED Number of Stories UNCHANGED 8. Dimensions oi enUre new construction: Front Rear Height ,, Number of Stories Depth _ 9. Size of lot: Front 226 Rear 570 Depth 341 10. DateofPurchase November 14, 1985 Name ofFormer Owner Barbara Dwight Schriever 11. Zone or use district in which premises are situated Residential R-80 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO 13. Will lot be re-graded? YES 23300 Kin Road 14. Names of Owner of premises Orient Fire District Address 0rient~ Ne~ Yof~k Name of Architect Address Name of Contractor Address __ NO X Will excess fill be removed from premises? YES NO X 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO X * IF YES, D.E.C. PERIVlITS MAY BE REQUIRED. Phone No. Phone No Phone No. X 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) JOSEPH SWEET being duly sworn, deposes and says that (~)h~ is the applicant (Name of individual signing contract) above named /NewCinu~arWirelessPCS, LLC successor in interest to (It)He is the Syst~n Development Manager of LIN Cellular Coranunications (NY) LLC, successor in interest to Cellular/ (Contractor, Agent, Corporate Officer, etc.) Telephone Company, Lessee-Authorized Agent of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this apphcation; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this '~ d. ayof ~¢ Y -/~'" f--~0ta~-y Pfi~lic 20.0 · LAWRENCE C. RE' NOta~ Public, State of New Yon~ No. 524799664 Qualified in Suffolk Coun_ty _~ Comm!ssion Expires May 31',.~'~ ~)~"'-~' New Cinular Wireless PCS,LLC successor in interest to LIN CELLULAR COMMUNICATIONS (NY) LLC, successor in interes~tax~.~[J, kULAR TELEPHONE COMPANY ' /'X~' 'Signature ofApplicant JOSEPB~WEET, System Development Manager TOWN OF SOU. THOLD BUILDING DEPARTMENT TOWN HALL 7' ' ~ SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20.__ ~pproved ,20 Disapproved a/c Expiration ,20__ PERMIT NO. · BUILDING ~ APPLiCATIO~ECKLiST Do you have or need the following, befor~applying? Board of Health 3 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Lawrence C. Re' Mailtoblunley, Meade,Nielsen & Re' 36 N. New York Ave., Huntington,NY Phone: 631-425-4100 11743 2005 Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 :ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationskip to adjoining premises or public streets or xeas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector 5sues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of ~suance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the ,roperty have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an ddition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or '.egulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The pplicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit uthorized inspectors on premises and in building for necessary inspections. ew Yor. k~SMSAJ, J4ni, pm~d ,Parl~er~ip d_~l~a ~ (Signature o~ applican~e, i(a cor~-~a~l) 4 Centerock Road, Rockland CorPorate Park West Nyack, (Mailing address of applicant)NY 10994 tare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Lessee. 'ameofownerofpremises Orient Fire District (As on the tax roll or latest deed) 'applicant is a corporation, signature of duly authorized officer N/A (Name and title of corporate officer) uilders License No. [umbers License No. [ectricians License No. ther Trade's License No. Location of land on which proposed work will be done: 23300 Main Road 14~u~Number Street Orient Hamlet County Tax Map No. 1000 Section 18.00 Subdivision 013.008 Block 05.00 Lot Filed Map No. Lot (Nme) 2. State existing use and occupant ,f premises and intended use and occur cy of proposed construction: a. ,ExL~tinguseandoccupai'iey Firehouse and Public Safety~- b. Intendeduseandoccupancy Public Utility Wireless Telecommunications Facility Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost $118,000.00 Fee 5. If dwelling, number of dwelling units If garage, number of cars N/A N/A Addition Alteration Other WorkPublic Utility Wireless lel ecommuni cati OhS (Description) Fac i 1 i ti (To be paid on filing this application) Number of dwelling units on each floor N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A ~.(FH:Fireho~tse; g:Accessory B~uildi~ng) 7. ~mensionsorex~stmgstructures,~any:vrontFH:80; A=40' Rear FH=43:A:40 DepthFH:110; A =80 Height FHa30; A=25 Number of Stories FH=I; A=i Dimensions of same structure with alterations or additions: Front Unchanged Depth Unchanqed Height UBchanged I~.umber of Stories 8. Dimensions of entire new construction: Front ~ Rear Height Number of Storie~s Rear Unchanged Hnchan~rt Depth 9. Size oflot: Front 226'-+ Rear 570'+- .Depth 4:58 '_+ Irreqular shaped lot. 10. DateofPurchase Novemberl4, 1985 Name ofFormer Owner Barbara Dwight Schriever 11. Zone or use district in which premises are situated Res i denti al R-80 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO __ 13. Will lot be re-graded? YES__ NO × Will excess fill be removed from premises? YES__ Orient 23300 Mai.n Road 14. NamesofOwnerofpremises Fire District Address0rient, NY PhoneNo. Name of Architect Address Phone No Name of Contractor Address Phone No. NO X 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. X 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF Name of zn~ (.j~/x O~t~l IA)t° ,~4 ~x ('~'g-4rbeing dulY sworn, deposes and says that (s)he is the applicant ( ' 'vidual signing contract) at'Dye named, (S)He is the (Contractor, Agent, Corporate (Sft~c~r; ~c.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file tiffs application; that all statements contained in this application are tme to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this [ % day of~20 Notary Public MAURA POWERS NOTARY PUBUC, State of New Yo~k No. 01 PO6018568 Quallfi~l in Nassau County Commission Ex~ir~ Se~t. 27, 2..00_'.'~ New York SMSA Limited P~rtnership d/b/a Ver. izon/~~ f// ' gnatuf~TApplicant BOARD OF APPEALS: TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEW C1NGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company, successor in interest to LiN CELLULAR COMMUNICATIONS (NY) LLC, successor in interest to CELLULAR TELEPHONE COMPANY; NEXTEL OF NEW YORK, INC. dPo/a NEXTEL COMMUNICATIONS; and NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS For Special Exception Approval, pursuant to Article XVI of the Code of the Town of Southold, to install a public utility wireless telecommunications facility at the premises: 23300 Main Road Orient, New York District 1000 Section 18.00, Block 05.00, Lot 013.008 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) AFFIDAVIT OF RADIO FREQUENCY ENGINEER NATALIE NOEL, being duly sworn, deposes and says: 1. I am a radio frequency design engineer employed by New Cingular Wireless PCS, LLC, successor in interest to LIN Cellular Communications (NY) LLC, successor in interest to Cellular Telephone Company ("Cingular" hereafter). My responsibilities include identifying signal coverage gaps in Cingular's wireless telecommunications system and assessing the ability of proposed antenna sites to adequately fill signal coverage gaps. 2. This Affidavit is submitted pursuant to Southold Town Code §100-163D(2), (8), and (9). 3. Cingular is considered a public utility for zoning purposes under the laws of the State of New York and is licensed by the Federal Communications Commission ("FCC") to serve the public within Suffolk County and throughout much of the United States. 4. Cingular strives to provide reliable service throughout its licensed coverage area. At present there is a significant service gap in the vicinity of the proposed site captioned above. In order to eliminate this service gap, a search ring was created that depicts the area in which a site must be located. A copy of the search ring is attached hereto as Exhibit "A". 5. The proposed wireless telecommunications facility at the captioned location has been considered by your deponent, and I have determined that, if antennas are installed as proposed, this site would meet our design criteria and would serve to provide reliable service in the service deficiency area in question. 6. Representatives of our site acquisition team searched the entire area depicted within the search ring (Exhibit "A") and found that there are no other existing structures of a sufficient height that would enable Cingular to eliminate the service gap in question. In particular, the church steeple at the Orient Presbyterian Church, which is located within the i search ring, is not of sufficient height. 7. We have determined that the proposed site will meet the primary objectives of Cingular's search area, because it will provide wireless service coverage to a significant portion lof the unserved area. We performed predictive tests to determine and confirm whether the site would provide sufficient signal coverage. The tests were performed using sophisticated computer software that is utilized as a predictive modeling tool. It identifies areas where sufficient coverage exists and takes into consideration topography, vegetation and other morphology, which may attenuate the radio signal. Using this software, a signal propagation 2 map, showing Cingular's existing coverage from existing sites, was prepared and is attached as Exhibit "B". This map, entitled "Coverage of Surrounding Sites Without LI-735 Orient Point", shows coverage in the area from two (2) existing sites labeled NY 0225 (existing) and FU2 (future, with lease agreement). A second propagation map, showing the signal coverage from Cingular's existing sites, together with the coverage that will be provided by this proposed facility, is attached as Exhibit "C". The second map is entitled "Coverage of Surrounding Sites With Site LI-735 Orient Point". As the seco. nd map shows, the proposed facility at the Orient Fire District would enable Cingular to meet its coverage objective in the area in question. NATALIE NOEL Sworn to before me this ~7"~day of~x'~--'' ]~" ~^05. DOROTHY A. BELARD Notary Pubtic, State of New No. 01BE6036810 Qualified in Suffolk Gounty .,, C;ornmis$ion Expires Feb. ?, 20 AT&T Wireless Services Exhibit "A" LI-735 Orient Point (subject site) Exhibit "B" Coverage of Surrounding Sites Without LI-735 Orient Point Orieot Ferry VVllite COlOr shows no AWS coverage. Exhibit "C" Coverage of Surrounding Sites With LI-735 Orient Point MUNI~EY~, MEADE, NIELSEN January 12, 2006 BY HAND Ms. Linda Kowalski Town of Southold Zoning Board of Appeals P.O. Box 1179 53095 Main Road Southold, NY 11971 Application of New Cingular Wireless PCS, LLC, ("Cingular") Nextel of New York, Inc. ("Nextel") and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") For Special Exception Approval Proposed Wireless Telecommunications Facility Premises: Orient Fire District 23300 Main Road Orient, New York SCTM#: Section 18, Block 5, Lot 13.8 Dear Linda: Pursuant to your request, enclosed are seven (7) copies each of lease agreements for Cingular and Nextel, including revised lease exhibits reflecting the reduction in height of the monopole at the captioned premises from 120 feet to 90 feet. These copies supersede those originally submitted to the Zoning Board on October 31, 2005. According to our file, Verizon's lease submission did not include reference to lease exhibits. Very truly yours, MUNLEY, MEADE, NIELSEN & RI~ By: Dorothy Belard /db Enclosures SITE LEASE ~.GREEMENT · Tins Site Lease Agreement is .r~,,,de ,t~,s ~!, day of ~]~-~v~ ~_~'~pursuant to and in accordance with the Master S. lte Agreement (referred to herein as' MSA or Agreement") 3atea_ ,f,2:_l , between Affordable Housing associates, Inc. a New York corporation, d/b/a Beacon Wireless Managements/( BEacon ), and Nextel of New York, Inc., a Delaware corporation, d/b/a Nextel Communications (collectively "Nextel"). The parties here to this Site Lease Agreement agree that all of the terms and conditions of the MSA are incorporated herein by this reference. 1. Site No./Name: NY-2573 Orient Point Site Address (street address and legal description - attached if necessary): 23300 Main Road (Route 254), Orient, NY 11957 Site Latitude and Longitude: 4. Contingency Date: n/a 5. Commencement Date: Cons~uction or six (6) months fi-om execution of Site Lease Agreement 6. Monthly Rent: Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) 7. Term (see paragraph ~ of the MSA): Five year initial term, with five (5) additional automatic five (5) year renewal terms. 8. Site Beacon (owned): or Beacon (leased): X If leased, Term of Underlying Lease: 30 years (5 year initial term, wtrich commenced no earlier than 15 October, 2002, with five (5) five-year renewal terms, expiring, assuming the exercise of all renewal terms, no earlier than 15, October, 2032). 9. Special Access Requirements: None. 10. Existing Mortgages, etc.: None. 11. Existing Environmental Issues: None. 12. Special Provisions: (a) Within thirty (30) business days of the date of full execution of this Agreement, Nextel shall pay Beacon a one-time fee in the amount of $35,000.00. Nextel: Affordable Housing Associates, Inc., a New York corporation, d/b/a Beacon Wireless ~Man~agement Name: Vincent Caunuscio Nextel of New York, Inc., a Delaware corporafifl~ dfo/a Nextel Co a 'o By: ~.~'~ Name: Eugene M. Noel II1 Title: Date: Vice Presid?t - Site Development, Northeast BEACON'S CERTIFICATE OF ACKNOWLEDGMENT (Executed Within New York State) State ofx 6vg. ) )SSZ County of ~[.~C~la\\(, ) On the ~C~::b day of ~ in the year ~(,.¥~ before me, .~v~e O._tS~,(h personally appearedX,~,y1Co_.rt~r,~. Ch. YlthwC~..~c3 , the undersigned , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the w/thin instrument and acknowledged to me that he/she/they executed the same in his/he~:/their capacity(les), and that by his/her/their signature(s) on the insb'umant, the individual(s), or the person upon behalf of which the individual(s) acted, executed the insU-ument. Signatfire and Office of individual taking acknowledgment JANE C. COHEN NOTARY PUBUC, State of New York No. 01006117813 Qualified in Suffolk County My Comr~ssion Expires 11/01/2008 State of ) County of. ) BEACON'S CERTIFICATE OF ACKNOWLEDGMENT (Executed Outside of New York State) On the __ day of in the year __ before me, , the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/hedtheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the city of , state of Signature and Office of individual taking acknowledgment State of .) County of ) NEXTEL'S CERTIFICATE OF ACKNOWLEDGMENT (Executed Within New York State) On the __ day of in the year __ before me, , the undersigned, personally appeared Eugene M. Noel 11I, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Sr.' Director - Site Development~ Northeast Region: and that by his signature on the instrument, the individual, or the person upon behalf of wlfich the individual acted, executed the instrument. Signature and Office of individual taking acknowledgment NEXTEL'S CERTIFICATE OF ACKNOWLEDGMENT (Executed Outside of New York State) S t ate o f~ ~/10~/~'~C/J') ountyo£/ /; t/lm On ~e ~ day of ~ ~ ~ ~e ye~ ~before me, , ~e ~dersi~ed, personally appe~ed Eugene M. Noell~, persomlly ~o~ to me or proved to me on ~e basis of safisfacto~ evidence to be ~e ~dihdnal whose name is subscribed to ~e ~ ~sment ~d ac~owledged to me ~at he executed ~e sine in hs capaciW, and · at by ~s silage(s) on the ~s~ent, ~e ~dividu~, or ~e pemon upon.behalf of w~ch ~e ~dividnal acted, executed ~e ~~ that such ~dihdual ~l.such,~pEe~e~ before ~e undersigned ~ ~e Ci~ of Si~ and 0ffic~ o~ ~idual t~ng ac~owledgment. EXHIBIT 1 DESCRIPTION OF LAND to the Site Lease Agreement dated~J/~ ~/I , ~r0x, by and between Affordable Housing Associates, Inc., a New York corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. The Land is described and/or depicted as follows: A WRITTEN DESCRIPTION OF THE LAND Vv'ILL BE PRESENTED HERE OR ATTACHED HERETO Town of Southold, County of Suffolk, State of New York, Commonly known as 23300 Main Road (Route 25), Orient, NY 11957-1102. Section 13.8 Block 5 Lot 18 EXHIBIT 2 DESCK1PTION OF PREMISES to the Site Lease Agreement dated ~[l J~! , ~, by and between Affordable Housing Associates, Inc., a New York corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. The Premises are described and/or depicted as follows: A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Notes: I. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback fi.om the Property's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width requ/red by the applicable governmental authorities, including police and fire departments. 4. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. lite Actual types, numbers, mounting positions and locations may vary from what is shown above. 5. The location of any utility easement is illustrative only. The actual location will be determined by the servicing utility company in compliance with all local laws and regulations. EXISTING METER BOARD &: DISCONNECT EXISTING ELECTRI, TRANS, AND VAULT EXISTING 14'X24.' · , AT&T/CINGULAR LEASE AREA EXISTING TELCO CABINET EXISTING 12' WIDI ACCESS GATES FUTURE LEASE AREA EXISTING 90' FLAG POLE EXISTING 60'X60' COMPOUND LEASE ~ED 'NEXTEL 12' W ]E A~CESS GATE~ PROP' ISEO 'NEXTEL UNDEI :GROUND POWER AND ELCO CONDUITS PROF 3BED NEXTEL 121Xl 3' GENERATOR ARE~ 12'×2 F EQUIPMENT SHEL'ER )BED NEXTEL HVAC UNIT, TYP OF 2 NIEXTEL OVER ~EAD COAX CABL[ BRIDGE PROP )BED I~EXTEL GPS ~NTENNAS TYP OF 5 NEXTEL LEA,~ E AREA 16' X ,36' ~,IEXTEL GEN :RATOR' PLUG 1B'~52' LEA SE AREA EXISTING 6' 'BLACK VINYL COMPOUND FENCE ~ ~SECTOR -,,,V #2 ANTENNA PLAN SCALE: 1/2"=1'-0~ RF: ,~ ~ CFS: OPS: LL: TOTAL NUMBER OF S 'CTORS: 3 kS PER SECT)R: 2 ITOTAL NUviBER OF ~',ITENNA~ 6 ICOAX CAE, LES PER SECTOR: 4 TOTAL COAX CABLES 12 NUMBER OF GPS UN IS: ,3 TOTAL SQUARE FOOl ~OE OF LEASED EQUIPMENT ;PACE: 576 SF ~SITE PLAN o ~' 16' 32' NEXTEL OF NEW YORK, dbo~ NEXTEL DOMMUNICA'flONS 1 NORTH BROADWAY WHITE PLAINS, N.Y, 10601 (914-) 421~2800 NY-2573 ORFuNT POt~T ORENT, NY ~957 .~'lierbmt M~ ~scimno ~ Architect/! ~er$ 118.04 LE1 SHEET 1 OF 2 90' TO TOP OF EXISTING FLAG POLE 85°:J: TO CENTER OF NEXTEL ANTENNAS 75':J: TO CENTER OF C;NGULAR ANTENNAS TO CENTER~ OF VERIZON".~ ANTENNAS NEXTEL ANTE iNAS, TYP OF 2 PER ;ECTOR STAC ~ED, 3 SECTORS, TOTA, 6 ANTENNAS RF; CFS: OPS: LL: TOTAL NUMBER OF SECTORS: 3 ANTENNAS PER SECTOR: 2 TOTAL NUMBER OF ANTENNAS: 6 COAX CABLES PER SECTOR: 4 TOTAL COAX CABLES: 12 NUMBER OF GPS UNITS: 3 TOTAL SQUARE FOOTAGE OF LEASED EQUIPMENT SPACE: 576 SF PROPOSED GPS ANTENNA MOUNTED TO SHELTER TYP OF 3 PROPOSED GENERATOR PLUO 6'-0" HIGH CHAIN LINK FENCE lNG 90' HIGH FLA~. POLE NEXTEL COA'; CABLES INSI[ E POLE 3ROPOSEO NEXTE:L 12'X20' EQUIPMENT ~HELTER NEXTF--JL NVAC UNITS TYP OF 2 EAST ELEVATION SCALE: NEXTEL OF NEW YORK, dbm NEXTEL COMMUNICATIONS NORTH BROADWAY ~/HIT~ PLAINS, N.Y. 10601 914) 421--2800 NY-2572 ORE,~T PO~ O~NT, NY 1~57 PROPOSED NEXTEL 12'X16' GENERATOR AREA ' Ard ltect /Pl truers LE2 SHEET 2 OF 2 EXHIBIT 3 / to the Site Lease Agreement dated~ ~ , ~l~by and between Affordable Housing Associates, Inc., a New York corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. THE MEMORANDUM OF AGREEMENT V~ILL BE PRESENTED HERE OR ATTACHED HERETO RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Nextel of New York, Inc. One North Broadway, 1 lt~ Floor White Plains, NY 10601 ATTN: Property management MEMORANDUM OF AGREEMENT NY-2573 Orient Point Property Address: 23300 Main Road (Route 25), Orient, NY 11957 '~ This MEMORANDUM OF AGREEMENT is entered into on this ~,~ day of ~/~ 200~., by Affordable Housing Associates, Inc., a New York corporation, d/b/a Beacon Wireless, with an address at 27 Oak ~t~ane, Hampton Bays, NY 11946 (hereinafter referred to as "Beacon") and Nextel of New York, Inc., a Delaware corporation, d/b/~ Nextel Communications, with an address at One North Broadway, 11t~ Floor, White Plains, NY 10601 (hereinafter referred to as "N~xtel"). Owner and Nextel entered into a Site Lease Agreement ("SLA") on the ~l day of ~0~. 200 ~"', for the purpose 1. of Nextel undertaking certain Investigations and Tests and, upon finding the Property appropriate, for ~he pu~puse of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set fo~h in the Agreement. 2. The term of Nextel's tenancy under the SLA is for five (5) years commencing on the commencement of commercial operation of the Nextel Facilities or eighteen (18) months following the date of full execution, whichever £rrst occms ("CommencementDate"), and terminating' ' on the fifth anmversary' of the Commencement Date with five (5) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being licensed to Nextel and all necessary access and utility easements (the "Premises") are set forth in the Agreement. In witness whereof, the part/es have executed tiffs Memorandum of Agreement as of the day and year fncst w[i. 'tten above. Beacon: Nextel: By: NOT FOREXECUTION-EXI~IRITONLY By: Name: Name: Title: Title: Date: Date: NOT FOR EXECUTION - EXHIBIT ONLY STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the inslnunent, the person, or the entity upon behalf of which the person acted, executed the insla'ument. WITNESS my hand and official seal. Notary Public (SE^L) My commission expires: STATE OF COUNTY OF On ., before me, ., Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instnmaent and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public (SEAL) My commission expires: EXHIBIT 4 PRIME LEASE to the Site Lease Agreement dated ~ ,,'~ , dltlt~'~, by and between Affordable corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. Housing Associates, Inc., a New York A COPY OF THE PRIME LEASE IS ATTACHED HERETO Market: FgA 3 Cell Site Numb~c LI-735 N.Y. STRUCTURE LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement"), dated as of the ,lore below, is entered into by Affcadable Housing Associates, - Inc. d/b/a Beacon Wueless Man~gement, a New York Corporation, having a mailing address of P.O. Box 303, 27 Oak Lane, Hampton Bays, New York 11946 (hereianf~er referred to as "Lundlord") and Cellular Telephone Company d/b/a AT&T Wifeless, having a mailing addreas of 2729 Prospect Park Drive, Rancho Cordova, CA 95670 (hereinafter referred to as "Tenant"). BACKGROUND Whereas, Affordable Housing Associates, Inc., d/b/a Beacon Wireless Man%oement and The Orient Fire District ("Prime Landlord") is the owner of property having a street address of 23300 Main Road (Route 25), located in the Town of Southhold, County of SuffoLk, State of New York, and hereafter referred to as the "Property." The Property is more fully described on Exhibit A attached hereto and made a part of this Agreement. Whereas, Landlord entered into that certain Lease with Prime Landlord dated October 15, 2002 (the "Prime L~e") whereby Prime Landlord leased 4,000 square feet of the property to Landlord. Landlord desires to lease to Tenant a portion of that certain property, together with all rights and privileges arising in eounectien therewith, located at 23300 Main Road (Route 25), in the County of Suffolk, State of New York, Suffolk County Tax Map Number District 1000-Section 018-Block 5-Lot 13.8, (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant tho right to use a portion of the Property in acoordance with this Agreement. The parties agree as follows: 1. LEASE OF PREMISES: Landlord leases to Tenant portions of the Property consisting of (a) a room/cabinet/gronnd area space of approximately Four Hundred Forty Eight (448) square feet; and (b) space on the structure together with such easements as are necessary for the antenna~ and initial installation as described on attached Exhibit 1 (collectively, the "Premises"). 2. ~ Tenant may use the Premises for the transmission and reception of communications sj~vn:~lfl al:id the in~'tallation, constrllction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, with a limit of twelve (12) 7/8"cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabInets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Commlmieation Facility"), as Well as the right to test, survey and review title on the Property; Tenant further has tho right to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication sen, ices, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit I includes drawings of the ~ installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. T~mnt has the right to install and opexate transmission cables fxom the equipment shelter or cabinet to the anten-as, electric lin~s fxom the main feed to the equipment shelter or cabinet and communication lines fxom the main entry point to the equipment shelter or cabinet, and to make Property improvements, alterations, upgi~des or additions appropriate for Tenant's use ("Tenant Changes"). Tenant Changes include tho right to construct a fence around the Pmmi~-~ and unde~akc any other appropriate means to s~ure the Promises. Tenar~ agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use ofthe Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, c~0and the equipment, increase tho number of antenan~ or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in ordex' to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing upon the Commenes~ent Date, as defined below. The Initial Term will terwlnnte on the last day of the month in which the fii'& (5') annual anniversary of the Commencement Dat~ occurs. (b) This Agreement will automatically renew for five (5) additional five (5) year term(s) (each five (5) year term shall be defined as the "Extension Term ), upon the same terms and conditions unless thc Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the eXiSting Term. (C) If Tenant re~flaing in possessioll of'the PrelRises after the terminnl'jon or expillRioll of this Agree~gnt then Tenant will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, the Extension Term and the Holdover Term are colleetively referred to as the Term ("Term"). 4. RENT. (a) Commencing upon the earlier of (i) sixty (60) days of Landlord's completion of the legal construction of Landlord's monopole, or (ii) on thc d~ta that Tenant commences construction (th~" mm~ CO ~cement Date"), Tenant will pay the Landlord a monthly ~atal payment of Two Thousand Five Hundred Dollars ($2,500.00), ("Rent"), at thc address set forth above, on or before thc fifth (5*) day of ench calendar month in advance. Rent will be prorated for any partial month. The initial Rent payment will be forwzrded by Tenant to Landlord within thirty (30) days after thc Commencement Date. (b) In year tWO (2) 0f thc Initial Term, and each year therenRer, including throughout any ~ion Terms e~x~e~rcised,~the m~o.~., y [~t..will increase by thr~e~ percent (3%) over the Rent paid during thc previous ~) I enant a icg re-rata ' . year. efforts ': ~ p y P share ot expenses recurred by Landlord m connection with Landlord's to obtain local zoniag l~pprovals and building permits directly attributable to the Communication Facility upon presentation of sufficient and proper documentation. The foregoing is only applicable so long as the Landlord chooses the law finn of Manley, Meade Nielsen & Rk or if Landlord employs the services of Tenant's other approved land use attorney to secure the neeessm-y gove~tal approvals for the Communications Facility, such approval shall not be unreasonably withheld or delayed by Tenant. S. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tena~'s Permitted Use and Tenant's ability to ' obtain all governmental licenses, permits, approvals or other relief required of or deemed neeessasy or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordina,ceS, amendments, special use penuits, and construction permits (collectively, the "Government Approvals"). Landlord authorizes Tenant to prepare, exccute and file all required applications to obtain Government Approvals for Tenant's Permitted Usc under tiffs Agreement and ~grecs to reasonably assist Tenant with such applications. In addition, Tenant shall have the right to initiate the ordering and/or scheduling ofneeeasary utilities. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. In the event Tenant determines, in its sole discretion, duc to the title report results or survey results, that thc condition of the Promises is unsatisfactory, Tenant will have thc right to terminate this Agreemem upon notice to Landlord. (e) Tenant may also pcrform and obtain, at Tenant's sole cost and ~, soil borin~t,~, percolation tests, en~neering procedures, environmental investigation or othcr tests or reports on, over, and under the Property, necessary to determine if the Tenant's use of the Premises will bc compatible with Tenant's engineering specifieafioas, system, design, operations or Government Approvals. 6. TERMINATION. This Agreement may bo termin~tnd, without penalty or further linh~-ty, as follows: (a) by either party on thirty (30) days prior writt~ notice, if the other party r~,,ains in default under Paragraph 15 Default and Right to Cure of this Agreement afar the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenam is unable to obtain, or maintain, any required approval(s) or the issuance of a liecmc or permit by any agency, board, court or other govommen~ authority necessary for the construction or operation of the Cm~,unnication Facility as now and hcreatter intruded by Tenant; or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; or (e) by Tenan~ on sixty (60) days prior written notice for any reason, so long as Tenant pays Landlord a termination fee gq~al to ~ (3) months Rent, at the then emmut rate, provided, however, that Ilo such termh:l~tion fee will bo payable on account of thc termination of this Agreement by Tenant under any one or mom of Paragraphs 5(b) Approvals, 6(a) Termination, 6(b) Termination, 8 Interference, Il(d) Environmental, 18 Severability, 19 Condemnation or 20 Casualty of this Agreement. 7. INSURANCE. Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insunmee with a minim,un limit of liability of $2,:500,000 combined sinEle limit for bodily injury or deatidproperty damagc arising out of any one oecurt'~nce; and (iii) Workers' Compcnsation Immrancc as required by law. It is understood and agreed that the coverage afforded by Tenant's commercial general liability insur, mee also applies to Landlord as an additional insured, but only with respect to Landlord's liability arising out of its interest in the Property. 8. INTERFERENCE. (a) Where there are existing radio fxequeney user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio fxequency user(s) on the Property to allow Truant to evaluate the potential for interference. Tenam~ warrants that its use of the Premises will not interfere with existing radio fxequency user(s) on the Property so disclosed by Landlord as long as the existing radio frequency nser(s) operatc and conlinuc to opcratc within their respective fi-equenciea and in accordance with all applicable laws and regulations. (b) Landlord will not grant, afar the date of this Agreement, a lease, hcens¢ or any other right to any third party for the use of the Property, if such use may in any way adversely affect or interfere with Tennm.'s Communication Facility. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. Nothing contained herein will ~'trict Tenant nor its successors and assigns fi'om installing and modifying its communications equipment. (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant or the rights of Teamut under this Agreement. Landlord will cause such interference to eease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights fl~at it may have at law or in equity, for Landlord's breach of this Agreement, to elect to enjoin such interference or to tenninnte this Agreement upon notice to Landlord. 9. INDEMNIFICATION. (a) Tenant agrens to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of thc foregoing), costs or cxpens~ (including reasonable attorneys' ~. ~nm 3 foes and court costs) arising directly from the installation, use, maintenance, repair or removal of thc Communication acility or Tensnt s breach of any prowslon of this Agrecment, except to the c~at attributable to the negligent or intentional act or omission of landlord, its employees, agents or independent contractors. (b) Landlord agrees to ind~mify, defend and hold Tenant harmless from and ag~in~l: any and ail injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (inuluding reasonable attempts' fees and court costs) arising direly t~om the actions or failure to act of Landlord or its employees or agents, or Landlord*s breach of any provision of this Agreement, except to the extent attributable to the naglig~nt or intentional act or omission of Tenant, its employees, agents or independent contractors. (¢) Notwithstaudin~o anything to the COubm~ in this AgTecm~t, Tenant~ and Landlord each waives any claims ' that each may have ~agmnq the other with respect to consequential, incidental or special damages. 10. WARRANTIES. (a) Tamut and Landlord each acknowledge and represent that it is duly org~nl.e.d, validly existing and in good stal~ding alld has tho right, pow~ and authority to enter into this Agreement and bind itself hereto through ~ party set forth as signatory for the party below. Co) Landlord represents and warrants that: (i) Primo Landlord solely owns the Property as a legal lot in foe simple, or controls tho Property and structure by lease or license; (ii) tho Property is not encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Uso and enjoyment of the Preufises under this Agreement; (iii) as long as Tensn~ is not in default then Landlord grants to Tenant solo, actual, quiet and peaceful uso, enjoyment and possession of tho Premises; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinnm-f.~, covenants or the provisions of any mortgage, loose or other agreement bindln.q on tho Landlord; and (v) if the Property is or becomes encombered by a deed to secure a debt, mort~g¢ or other security interest, Landlord will uso best efforts to provide promptly to Tenant a mutually agreeable Subordinntion, Non-Disturbance and Attornment 11. ENVIRONMENTAL. (a) Landlord represents and warrants that tho Prop~ is froe of hs~rdons substances as of tho da~ of this Agreement, and, to the best of Landlord's knowledge, the Property has never b~n subject to any contamination or hazardous conditions resulting in any environmental investigation, inqui~ or remediation. Landlord and Tenant ag~o that ~ach will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or polioies of any govommoatal authorities regulating or imposing standards of liability or standards of conduot with regard to any environmental or industrial hygiene condition or other wntt¢~s as may now or at any fimo horeaftor be in offo~, that ar~ now or were relat~l to that party's activity conduced in, or on tho Property. (b) Landlord and Te~mt ag~e to hold harmless and indomnify the ot~r from, and to nssumo all duties, responsibilities and liabilities at the sole cost and expenso of tho ind~mifying party for, payment of pe~ltics, sanctions, forfeitures, losses, costs, or damages, and for responding to any aotion, notice, claim, order, summons, citation, diroc~Jve, litigation, investigation or proceeding which is rolated to (i) the md~-~mifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidolines, standards or policies of any govornmental authorities regulating or imposing standards of liability or standards of conduct with rogard to any environmental or industrial hygiene conditions or mattors as may now or hereafter I~ in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way rolat~d to tho condition of the Property and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. (e) The in&annifieatio~s of this Paragraph 11 Environmental epecifieally include reasonable costs, expenses and fees inenrred in eenneotion with any investigation of Properly conditions or any el~an-up, remediatinn, removal or restoration work required by any gov~ authority. The provisions of t~his Paragraph 11 Environmental will survive the expiration or termination of this Agreement. (d) In the event Teaant becomes aware of any I~-~,xlous materials On tile Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Temat's sole determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenam believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of govemmmt action, interve~lfion or third-party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to tel'~inn~ tho Agreement upon notice to Landlord. 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charg~ to Tenant, Tenant and its employees, agents, and subcontractors, will havo tv, z~n~-fonr (24) hour per day, seven (7) day per week pedestrian and vehicular access to and over the Property, fi'om an open and improved public road to the Promises, for the JnstMl:~tion, maintencmce and operation of thc CommuBicatiOll Fagility alld any utilities serving the Premises and Landlord grams to Tenant an easement for such access. Upon Temmt's request, Landlord will execute a separate recordable easemmt evidencing this right. In the event any public utility is unable to us~ the access or easement provided to Tenant then tho Landlord agre~ to grant additional the public utility, for the benefit of Tenant, at no cost to Tenant, access or an easement either to Tenant or to 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tel:lallt will be and l~nain Tenant's personal property and, at TermnC's option, may be removed by Tenant at any timo during the Terr~ Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be ennsidored as being affixad to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Promises will be and remain the property of the Tenant~ and may be removed by Tenant at any time during the Term. Notwithstal}din~o tho foregoing, aL tho garlior of tho ox:piration or terminatioll of this Agregmol:lt, Tenant will not be responsible for tho replacement of any trees, shrubs, or other vegetation, nor will Tenant be required to remove from the Premises or the Property any foupdaOons' anderground utilities, or any part of tho Communication Facility. 14. MAINTENANCE/UTILITIES_ (a) Tenam will keep and maintain the Premises in good enndition, reasonable wear and tear and damage fi.om the elements excepted. Landlord will maintain and repair the Property tenantable enndltion, subject to reasonable wear and tear and and aec, ess thereto, in good and damage bom the elements. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. Ia the event Tenant cannot seenre its own metered eleetrienl supply, Tenant will have the right, aL its own cost and expense, to submeter bom the Landlord. When submetering is neeeasaty and available, Landlord wil/read the meter on a monthly or quarterly basis and provide Tenant with the necessary usage data in a timely manner to enable Tenant to compute such utility charges. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a 12- re°nth period. Landlord will fully enoperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. Laadlord will not be responsible for interference with, interruption of or failure, beyond the reasonable enntrol of Landlord, of such services to be furnished or supplied by Landlord. 15. DEFAULT AND RIGHT TO CURE (a) The following will be deemed a default by Tenant and a breach of this Agreement- (i) non-paymant of Rent if such Rent renmins unpaid for more fha. such failure to pay; or (ii) T . . thirty (30) days after receipt of written notice bom Landlord of five (45) days extant s failure to perform any other term or condition under this Agreement within forty- after receipt of written notice ~om Landlord specifying thc faiinre. No such failure, however, will be deemed to exist if Tenant has commenced to enrc such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will bo exensad if duc to causes beyond the reasonable control of Tenant. ffTenant remains in default beyond any applicable cure period, Landlord vdll have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agr~ment. Landlord,s failure to perform any term, condition or breach of &ny warranty or covenant under this Agreement within forty-fivc (45) days afrer receipt of written notice from Tenant specif34ng the fuiiurel No such failure, howevcr, will be deemed oxmt if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay ill curing a default will be excused if duc to causes beyond the reasonable contxol of Landlord. ff Landlord relnain~ ill default beyond any applicable cure period, Tenant will havc tho right to exercise any and all rights available to it nadcr law and equity, including thc right to cure Landlord's default and to deduct thc costs of such curc from any monies due to Landlord by Tenant. 16. ASSIGNMENT/SUBLEASE Te~mnt will have the right to assign this Agreement or sublease thc Premises and its rights herein, ill whole or in part, without Landlord's consent. Upon notification to Landlord of such assignmcnt, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement. 17. NOTICES. All notices, requests, demands and communications hereunder will be given by fu~t class certified or registered mail, retunl receipt requested, or by a nationally reco~maized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned und¢livered. Notices will be addressed to thc parties as follows: If to Tenant: AT&T Wireless Atm.: Lease AdminisUation Re: AWS Cell Site #: LI-735; Cell Site Name: Orient Point 2729 Prospect Park Drive Rancho Cordova, CA 95670 with a copy to: AT&T Wireless Atm.: Legal Deparanent Re: AWS Cell Site #: LI-735 Cell Site Name: Orient Point 15 East Midland Avenue Paramus, NJ 07652 ffto Landlord: Affordable Housing Associates, Inc. d/b/a Beacon Wireless Management P.O. Box 303 27 Oak Lane Hampton Bays, New York 11946 Either party he,to may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein. 18. SEVERABILITY. ffuny term or condition of this Agreement is found unenforceable, the ren~tining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, ff the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other party her~o. 19. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings aflf:oting the Property, Landlord will ' · · prowde noUce of the proceeding to Tenant within forty-eight (48) hours, ff a eondemnino authority takes all of the Property, or a portion sufficient, in Tenant's reasonable determination, to render th~ Premises unsuitable for Te~nt~ this Agreement will terminnt~ ns of tbe date tbe title ve~.s ill the co~detlll~ authority. The parties will each be entitled to pursue their own separate awards ill the condemnation proceeds, which Rev, ~tl/~ 6 for Tenant will include, where applicable, the value of its Communication Facility, moving ~penses, prepaid Rent, and business dislocation expe~, provided that any award to Tenant will not diminish Landlord's recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty- eight (48) hours of the casualty, ffany part of the Communication Facility or Property is damaged by fire or other casualty so as to renc[er the Premises unsuitable, in Tenant's sole dt~erminatjon, then Te;mut may tenninnte this Agreement by providing written notice to the Landlord, which termin~tlon will be cffcetive as of the d~t_o of such dama~ or destruction. Upon such tennin~ron, Tenant will be eatltled to collcet all insurance prneceds pa~,able to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. 21. WAIVER OF LANDLORD'S LIEN,q. Landlord waives any and all lien rights it may have, ~ot, rtory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord consents to Tenant's right to remove all or any portion of the Commumcatiau Facility from time to time in Tenant's sole discretion and without Landlord's consent. 22. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amauded, modified or revised unless done in writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision may be waived ~xcept in a writing signed by both parties. Co) Memorandum/Short Form Lease. Either party will, at any time upon fifteen (15) business days prior written notice from th~ other, ~enute, acknowledge and deliver to the other a recordable Memorandum or Sbort Form of Lease. Either party may record this Memorandum or Short Form of Lease at any time, in its absolute dlscre'~ion. (c) Bind and Benefit. The terms and conditions contained in this Agreement will mn with the Property and bind and inure to the benefit of the parties, their respeclive heirs, exceutors, administrators, successors and assigns. (d) Entire Agreement. This Agreement and the eo;hibits s'~¢hed hereto, all being a part hen~ot~ constitute the entire agreement of the parties heine and will supersede all prior offers, negotiations and ag~mm~ts with respect to the subject matter of this Agr~ment. (e) Governing Law. This Agreement will be governed by the laws of the state in which the Pr~nises are lneated, without regard to conflicts of law. (0 Interpretation. Unless otherwise specified, the following rules of construction and interpretatieo apply: (i) captions are for cenvenience and ~terence only and in no way define or limit the construction of th= terms and Conditions hereof; (ii) usc of the term "including" will be interpreted to mean "including but not limited to"; (iii) · ; -~-,,,~-~, =uca consau; wm not t~ unreasonably withheld, conditioned or delayed; (iv) exhibits ar= an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termin:~on" or "expiration" are interchangeable; and (vi) reference to a d~fanlt will take into consideration any applicable notice, grace and cur~ periods. (g) Estoppel. Either party will, at any time upon twenty (20) business days prior wriVam notice from the other, ~xecute, acknowledge and deliver to the other a ~_t__~.nent in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modifivd, stating the nature of such modification and certifying this Agreement, as so moditied, is in full force and effect) and the dat~ to which the Rent and other charges ar~ paid in advance, if any, and (ii) acknowledgi~'ng th:~- there are not, to such party's knowledge, any uncured dc'faults on tho part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or enenmbrancer of the Premises. The requested Party's failure to deliver such a statement within such time will be conclusively relied upon by the requesting party that (i) this Ag~era~ is in full force and eff~,, without modification except ns may be properly ~presautcd by the requesting party, (ii) there are no uncured defaults in either party performance, and (m) no more than one month's (h) No ElectrOnic Signaturez/No Option. Thc submission of this Agn~nent to any party for examination or consideration does not constitut~ an offer, ' ' rescrva~on of or opUon for the Premises based on thc terms set forth herein. This Agr~ment will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. 23. TAXES. Tenant will pay all personal property taxes assessed on, or any portion of such taxes attributable to, the Communication Facility upon presentation of sufficient and proper documentation. [SIGNATURES APPEAR ON THE NEXT PAGE.] IN WITNESS W~II~REOF, the parties have caused this Agreement to be effective as of the last d~,~ written bdow. WITNESSES: Print Name: "LANDLORD" AFFORDABLE HOUSING ASSOCIATES, INC. D/B/A BEACON WIRELESS MANAGEMENT By: Print Name: Vinc~)nt Can/mseio Its: President [ / _ Prim Name: "TENANT" CELLULAR TELEPHONE COMPANY D/B/A AT&T WITLESS Print Nal~olep~S~v~ Its: SystemlDovelol?mg-at Manager [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE.] .TENANT ACKNOWLEDGMENT 'On thc -~)' ~Y of~ in _thee ycar~fore m~, tho undcrsignvd, a notary public in and fi . pcrsonauy appcarcd~L~x~^ f~g~ttFtJ'~n,~rmenil-- ' .... __ _ or smd state, evidence to be thc in~eLvff~'~ Y, _ra~. wn..to .mc o.r prov~ to m~ on thc basis of satisPactout ...... ~ ~uwv -meets) Is tam) suescnbcd to thc within ~ and acknowledged to mc tha~ he/she/they executed thc same in his/her/their capacity(ies), and th~* by his/her/their si~turc(s) on thc mslxumcnt, thc individual(s) or th~ person upon behalf'of which thc individual(s) acted, executed thc instrument. My Commission Expires: LANDLORD ACKNOWI,F, nGMENT LAWRENCE C. RE' Notary Public, State of New York No. 52-4799664 Qualified in Suffo k Oountv Commission Expires May 31 · ,- ...... v ut pc Y known to me or proved to me on the bmsis of satisfactop] ewdence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in his/her/their capacity(ies), and that by his/her/their si~na~ure(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public: . .~~'~ My Commissi~Ex~ires: EXHIBIT A Pruper~y Description 23300 Main Road (Route 25), Orient Point, New York Suffolk County Tax Map: Distfiot-lO00 S~tion-O 18 Block-5 Lot-13.8 BEGINNING at the intersection of the southerly line of Main Road with the easterly line of Tabor Road and running along said southerly line of Main Road, north 80 degrees 10 minutes east 228.0 feet; THENCE along land of Ferreira two courses (1) south 9 degrees 50 minutes east 150.0 feet; THENCE (2) noi~ch 80 degrees 10 minuets East 91.47 feet; THENCE along land of Gloria South 21 degrees 41 minutes east 5.43 feet; THENCE continuing along land of Gloria and along land of Wemikowski, not'ch 78 dogrces 02 minutes 40 seconds cast 120.38 feet to a monument and land of William y. Terry, Jr., THENCE along land of Orient Central Comity two courses: (1) South 82 degrees 42 minutes 20 seconds west 519.10 feet to the easterly line of Tabor Road; THENCE along said line of Tabor Toad two courses (1) north 0 degre~ 59 minutes 30 seconds we~t 652.77 feet; THENCE (2) north 5 degrees 00 minutes 30 seconds west 116.75 feet to the point or place of BEGINNING. EXHIBIT I DESCRIPTION OF PREMISES Page I of 4 to the Agreement dat~c"-~/t4~Y ~ ff .~,~200~, by and between Affordable Housing Associates, Inc. d/b/a Beacon Wireless Managera~nt, a New York corporation, as Landlord, and Cellular Telephone Company d/b/a AT&T Wireless, a New York g~¢ral partnership, as T~nant. The Property is dcscribexl and/or depicted as follows: A 448 square foot section of land located within 23300 Main Road (Route 25), Orivat Point, New York Suffolk County Tax Map: District-1000 Section-O 18 Block-5 Lot-13.8 1. This Exlfibit may be repla~ed by a land su~ey ~nd/or core,ruction ~awings of~ ~s~ ~ ~ ~ T~ Th~ tY~, rmmb~ ~1 mount~g l~fiti~ms ~md l~ti~m of ~n~s ~d tnmsmission lin~ ~ illu~u~i~ ~y. ~ ~ ~~ m°~ P<~i~om may va~ fi~m what is ~d~o~n above. EXI]II~IT 1 Page 2 of 4 AT&T AT&T WIRW 8ENVIGESi IN~ too AW$ fi LI-735 23300 MAIN ROAD ORIENT POINT, NY 11957 I I AWS 4-GANG HL'"FER BOARD EXHIBIT Page 3 of 4 UC~ILE 0 AT&T AT&T ~ 8EIWI(~ INO. ~ ,-....____ AWS # L1~735 23300 MAIN ROAD ORIENT POINT, NY 11957 20F 3 [ LE-2 EXHIBIT 1 Page 4 of 4 t~U~I~.~RE 12~ TALL ANTENNA ORIENATION NO SCALE AT&T AT&T Mnl~J~88 BE~aC:E~, IN~ AWS # LI-735 23300 MAIN ROAD ORIENT POINT, NY 11957 "~' 1 LE-3 MEMORANDUM OF LEASE Return to: AT&T Wireless .Cell Site No.:LI-735 [FOLLOWS ON NEXT PAGE] Sta~:.Now York County: Suffolk MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this~ar~day of.,~-~v'd~y ,20gby and between Affordable Housing Associates, Inc. d/b/a Beacon Wireless Manogcment, a New York corporation, having a mailing address of P.O. Box 303, 27 Oak Lane, Hampton Bays, New York 11946 (hereinaO.~r r~f~tmd ~o az "Landlord") and Cellular Telephone Company d/b/a AT&T Wireless, a New York general partnership, having a mailing address of 2729 Prospect Park Drive, Rancho ConJova, CA 95670 (hereinaflgr referred to a~ "Tenant"). 1. Landlord and Temmt entered into a certain Lease Agxeement ("Agreement'3 on the ~ day of ~ ~,~,4/as~-( ,200~, for the purpose of installing, operating and maintaining a communications t~teility and other improvements. Ail of the foregoing are set forth in the Agxeement. 2. The term of the Agree~nent is for an Initial Term of five (5) years commencing on the date that Tenant commences eonsixuetion and ending on the last day of the month in which the fifth (Sth) anniversary of thc Commencement Date occurs, with five (5) successive automatic five (5) year options to ~naew. 3. Thc portion of the land being leased to Tenant (the "Premises") is described in Exhibit A and Exhibit 1 annexed hereto. 4. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. IN ~VITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. WITNESSES: Print Name: Print Name: "LANDLORD" AFFORDABLE HOUSING ASSOCIATES, INC~ D/B/A BEACON WIRELESS MANAGEMENT / Print Name: Vincent Canngaeio Its: President / / PrintNam¢: ~ ~ Print Name: "TENANT" Its: Systean D~elppme~t ~lanaggr .A TENANT ACKNOWLEDGMENT o . . personally appe~ ~"~'~-Q;;~o~ lmTwn~{~ ~e ~ a no~ public ~ ~d for ~d ex~t~ ~c ~e ~ hi~m~n[.; ......... t ~O a~wl~ to me ~t · e ~mn u~n ~ w~ch ~ ~d~(s) a~ ex~ ~c ~nL My Commission E~: LANDLORD ACKNOWLEDGMENT LAWRENCE C. RE' Nota~ Public, State of New York Our'N'°' ,52'4799664 t.___, aneo in ,Suffolk Counht ,-,~umm ss~on EXpires May 31,~:;~ y appcarcd ~ P d for saki state, ~ personally known to mc or proved to mc on tho basis of satisfactory emdcnce to bc the individual(s) whose name(s) ~s (are) subscnbcd to thc w~thin mstnnnent and aclmowledgcd to mc .that he/she/they executed thc same in his/her/their capacity(ics), and that by his/hcr/thcir signah~re(s) on thc mstrumcm, the individual(s) or thc pcrson upon bcha[f of which thc individual(s) acted, executed tho instnnncnt. My Commission Expires: No.'01~,82228~ ~ualifmi~n Suffolk ~ouala~' CemmiWon F.x~es lien. 30, EXI~BIT A Properly Description 23300 Main Road (Route 25), Orient Point, New York Suffolk County Tax Map: District-1000 Section-018 Block-5 Lot-13.8 BEGINNING at the intersection along said southerly line of thc southerly line of Main Road with the easterly line of Tabor Road and running of Main Road, north 80 degrees 10 minutes east 228.0 feet; THENCE along land of Fcrreira two cours~ (1) south 9 degrees 50 minutes east 150.0 feet; THENCE (2) north 80 degrees 10 minuets East 91.47 THENCE along land of Gloria South 21 degrees 41 minutes east 5.43 feet; THENCE continuing along land of Gloria and along land of Wemikowski, north 78 east 120.38 feet to a monument and land of William y. Terry, Jr., degrees 02 minut~ 40 s~.onds THENCE along land of Orient Central Cemetery two courses: (2) South 82 degrees 42 minutes 20 seconds west 519.10 feet to thc easterly linc of Tabor Road; THENCE along said line of Tabor Toad two courses (1) north 0 degrees 59 minutes 30 seconds west 652.77 feet; THENCE (2) north 5 degrees 00 minutes 30 seconds west 116.75 feet to the point or place of BEGINNING. EXHIBIT 1 EXHIBIT I DESCRIPTION OF PREMISES Page 1 of 4 to the Agreement dated .--~/~v ~ ~ OO Wireless, a New York ~e~l~t~-r~'u/72T~°menant7n' as t.andlom, and Cellular Telephone Company ~l~b'~ AT~' The Premises are described and/or depicted as follows: A 448 square foot section of land located within 23300 Main Road (Route 25), Orient Point, New York Suffolk County Tax Map: District- 1000 S~'tion-018 Block-$ Lot-13.8 FJfltI~iT 1 Page 2 of 4 o so AT&T ATa? va~ ~B~RVlC~8, INC. 23300 MAIN ROAD ORIENT POINT, NY 11957 FUTURE C$C FUTURE 12' ACCESs E[-EC'IR/CAL FENCED ~2a' L~-A.~ AREA.-- EXHibIT 1 Page 3 of 4 M~ A ~A ~D tO'X20' T-MO~ILE CONC~E'~[ PAD FUTURE CARRIER Gl~mC SCM~ HOT~ AT&T AW8 # LI-735 23300 MAIN ROAD ORIENT POINT, NY 11957 4WS ANI"E'NNAS ~0 [3~IIBIT 1 Page 4 of 4 FU'PJRE FIRE AND ANTENNA ORIENATION NO SCACE ~EXISTiNC T~M 0EllL B TS UNiT NOTE: G AT&T 23300 MAIN ROAD ORIENT POINT, NY 11957 LE-3 October 31, 2005 BY HAND ~VIUN~EY~ ME.~DE~ NIELSEN & II~ /:... l~ItJ~'rll~o~oz~s I~ Yom~ 11743 (631) 425-4100 (631) 425-4104 Ruth D. Oliva, Chairperson, and Members of the Town of Southold Zoning Board of Appeals P.O. Box 1179 53095 Main Road Southold, NY 11971 Application of New Cingular Wireless PCS, LLC, ("Cingular") Nextel of New York, Inc. ("Nextel") and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") For Special Exception Approval Proposed Wireless Telecommunications Facility Premises: Orient Fire District 23300 Main Road Orient, New York SCTM#: Section 18, Block 5, Lot 13.8 Dear Chairperson Oliva and Board Members: On behalf of our clients, Cingular, Nextel and Verizon, we submit, herewith, the captioned Application for Special Exception, in seven (7) collated sets, as follows: 4. 5. 6. 7. 8. Filing Fee: Check in the sum of $400.00 made payable to the "Town of Southold"; Town of Southold Building Department Notice of Disapproval of Building Permit Applications for each of the three (3) co-applicants; Completed and executed Application for Special Exception; Completed and executed Applicant Disclosure Forms; Completed and executed Town of Southold Zoning Board Questionnaire; , Certificate of Occupancy; · Owner's Authorization Affidavit; Completed and executed Long Environmental Assessment Form (§100- ~. 163D(1)(k) (Please note that a Visual Addendum has not been submitted as the proposed antennas will be installed within the existing flagpole.); Lease Agreements (§100-163D(7); Ms. Ruth D. Oliva,lL~airperson, and Members of the Town of Southold Zoning Board of Appeals October 31, 2005 Page 2 of 2 10. 11. 12. 13. 14. 15. 16. 17. 18. Last Deed of Record (2100-163D(7); Site and Elevation Plan (§100-163D(1) and Landscaping Plan (2100-163D(5); Survey (§ 100-163D(1)); Map of Properties at Orient Town of Southold signed and sealed by Peconic Surveyors, P.C., indicating adjacent land uses and zoning within 300feet (2100- 163D(d); Photographs of flagged construction area; Radio Frequency Engineer Affidavits for each co-applicant in compliance with Town of Southold Code §100-163D(2), (8), and (9), including Search Ring and Propagation Maps; Inventories and corresponding Maps of Co-applicant sites (§100-163D(2)), within the Town of Southold, including facilities in abutting towns which provide service to the areas within the Town of Southold and indicating distances to the proposed site; Certified Engineering Analysis of Radio Frequency Emissions (§100-163D(8)); and Copy of FCC License for each Carrier. Please note that New Cingular Wireless PCS, LLC, is a Delaware Limited Liability Company, successor in interest to LiN Cellular Communications (NY) LLC, successor in interest to Cellular Telephone Company. Nextel of New York, Inc. was formerly known as Nextel of New York, Inc. d/b/a Nextel Communications. Very truly yours, MUNLEY, MEADE, NIELSEN & RI~ By: Lawrence C. R6 LCR:db Enclosures BOARD OF APPEALS: TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company, successor in interest to LIN CELLULAR COMMUNICATIONS (NY) LLC, successor in interest to CELLULAR TELEPHONE COMPANY; NEXTEL OF NEW YORK, INC. d/b/a NEXTEL COMMUNICATIONS; and NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS For Special Exception Approval, pursuant to Article XVI of the Code of the Town of Southold, to install a public utility wireless telecommunications facility at the premises: 23300 Main Road Orient, New York District 1000 Section 18.00, Block 05.00, Lot 013.008 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) AFFIDAVIT OF RADIO FREQUENCY ENGINEER SEAN REID, being duly sworn, deposes and says: 1. I am a radio frequency design engineer employed by Nextel of New York, Inc. d/b/a Nextel Communications ("Nextel" hereafter). My responsibilities include identifying signal coverage gaps in Nextel's wireless telecommunications system and assessing the ability of proposed antenna sites to adequately fill signal coverage gaps. This Affidavit is submitted pursuant to Southold Town Code § 100-163D(2), (4), (8) and (9). 3. Nextel is considered a public utility for zoning purposes under the laws of the State of New York and is licensed by the Federal Communications Commission ("FCC") to serve the public within Suffolk County and throughout much of the United States. - 1 4. Nextel strives to provide reliable service throughout its licensed coverage area. At present there is a significant service gap in the vicinity of the proposed site captioned above. In order to eliminate this service gap, a search ring was created that depicts the area in which a site must be located. A copy of the search ring is attached hereto as Exhibit "A". 5. The proposed wireless telecommunications facility at the captioned location has been considered by your deponent, and I have determined that, if antennas are installed as proposed, this site would meet our design criteria and would serve to provide reliable service in the service deficiency area in question. 6. Representatives of our site acquisition team searched the entire area depicted within the search ring (Exhibit "A") and found that there are no other existing structures of a sufficient height that would enable Nextel to eliminate the service gap in question. 7. We have determined that the proposed site will meet the primary objectives of Nextel's search area, because it will provide wireless service coverage to a significant portion of the unserved area. We performed predictive tests to determine and confirm whether the site would provide sufficient signal coverage. The tests were performed using sophisticated computer software that is utilized as a predictive modeling tool. It identifies areas where sufficient coverage exists and takes into consideration topography, vegetation and other morphology, which may attenuate the radio signal. Using this software, a signal propagation map, showing Nextel's existing coverage from existing sites, was prepared and is attached as Exhibit "B". This map, entitled "Coverage of Surrounding Sites Without NY 2573 Orient Fire District", shows existing coverage in the area. A second propagation map, showing the signal coverage from Nextel's existing sites, together with the coverage that will be provided by this proposed facility, is attached as Exhibit "C". The second map is entitled "Coverage of Surrounding Sites With NY 2573 Orient Fire District". As the second map shows, the proposed facility at the Orient Fire District would enable Nextel to meet its coverage objective in the area in question. Sworn to before me this ~ 7"t ~ay of (--~ ~0/0¢ C,, 2005' (~.~fl~ARY PI~BLIC ABiGAiL SPARKS ~Notary Public - State of NewYork No. 01 SP6085456 Qualified in Suffolk County My Commission Explrem Dec, 30, 2006 NEXTEL OF NEW YORK~ INC. Exhibit "A" NEXTEL OF NEW YORK, INC. SITES WITHOUT THE PROPOSED SITE Exhibit "B" NEXTEL OF NEW YOI~A~, INC, BOARD OF APPEALS: TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company, successor in interest to LIN CELLULAR COMMUNICATIONS (NY) LLC, successor in interest to CELLULAR TELEPHONE COMPANY; NEXTEL OF NEW YORK, 1NC. d/b/a NEXTEL COMMUNICATIONS; and NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS For Special Exception Approval, pursuant to Article XVI Of the Code of the Town of Southold, to install a public utility wireless telecommunications facility at the premises: 23300 Main Road Orient, New York District 1000 Section 18.00, Block 05.00, Lot 013.008 STATE OF NEW YORK ) ) SS.: COUNTY OF NASSAU ) AFFIDAVIT OF RADIO FREQUENCY ENGINEER VISHWA MITHU, being duly sworn, deposes and says: 1. I am a radio frequency design engineer employed by New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon" hereafter). My responsibilities include identifying signal coverage gaps in Verizon's wireless telecommunications system and assessing the ability of proposed antenna sites to adequately fill signal coverage gaps. This Affidavit is submitted pursuant to Southold Town Code §100-163D(2), (8), and (9). 3. Verizon is considered a public utility for zoning purposes under the laws of the State of New York and is licensed by the Federal Communications Commission ("FCC") to serve the public within Suffolk County and throughout much of the United States. - 1 - 4. Verizon strives to provide reliable service throughout its licensed coverage area. At present there is a significant service gap in the vicinity of the proposed site captioned above. In order to eliminate this service gap, a search ring was created that depicts the area in which a site must be located. A copy of the search ring is attached hereto as Exhibit "A". 5. The proposed wireless telecommunications facility at the captioned location has been considered by your deponent, and I have determined that, if antennas are installed as proposed, this site would meet our design criteria and would serve to provide reliable service in the service deficiency area in question. 6. Representatives of our site acquisition team searched the entire area depicted within the search ring (Exhibit "A") and found that there are no other existing structures of a sufficient height that would enable Verizon to eliminate the service gap in question. 7. We have determined that the proposed site will meet the primary objectives of Verizon's search area, because it will provide wireless service coverage to a significant portion of the unserved area. We performed predictive tests to determine and confirm whether the site would provide sufficient signal coverage. The tests were performed using sophisticated computer software that is utilized as a predictive modeling tool. It identifies areas where sufficient coverage exists and takes into consideration topography, vegetation and other morphology, which may attenuate the radio signal. Using this software, a signal propagation map, showing Verizon's existing coverage from existing sites, was prepared and is attached as Exhibit "B". This map, entitled "Coverage of Surrounding Sites Without Verizon's Proposed Orient Fire District Site", shows existing coverage in the area. A second propagation map, showing the signal coverage from Verizon's existing sites, together with the coverage that will be provided by this proposed facility, is attached as Exhibit "C". The second map is entitled "Coverage of Surrounding Sites With Verizon's Proposed Orient Fire District Site". As the second map shows, the proposed facility at the Orient Fire District would enable Verizon to meet its coverage objective in the area in question. Sworn to before me this [~ day of~2005. ' I~TARY-I~UBLIC MAURA POW£RS NOTARY PUBLIC, State of New York No. 01 PO5018558 Qualified in Nassau County Commission Expires $opt. 27, ZOO~ Verb.,on Wireless RF ENGINEERING MEMORANDUM Exhibit Project Code: Location #: Search Type: Coverage Major Roads: North Road Lat./Long. 41.143, -72.307 Total Antennas: 6 775G90V! ESXM 2 GPS Cell Site Equipment: Flexent Required On Air: 4Q2005 Antenna Height: 100 Feet City, County: East Marion, Suffolk Zip: 11939 Intended Purpose: This site will provide coverage to Route 25 from East Marion to Orient Point Route 114 on Shelter Island. Exhibit "B~' Verizon Wireless Existing Orient Point Reliable Coverage Exhibit "C" Verizon Wireless Proposed Orient Point Coverage Hom~ I Sear~ch I Updates I E-Filing II I For Consumers I Find People Universal Licensing System ~ > WTB > ~ > Online Systems > License Search ULS License PCS Broadband License - KNLGS02 - New Cingular Wireless PCS, LLC 0% New Search 0% Refine Searc_h ~ Return to Results f~l Printable Page_ ~r' Ar~MIN Call Sign KNLG502 Status Active Market Market Submarket '~'[' MARKET ~LOcA?iOM$'1 Radio Service Auth Type BTA321 - New York, NY 1 Dates Grant 06/27/1997 Effective 02/22/2005 Buildout Deadlines 1st 06/27/2002 Notification Dates 1st 05/29/2002 Channel Block Associated Frequencies (MHz) Expiration Cancellation 2nd 2nd FCC Site Map [] HELP Reference COpy ~,~ MaD License CW - PCS Broadband Regular E 1885.00000-1890.00000 1965.00000-1970.00000 06/27/2007 Licensee Licensee ID L00024153 SGIN 000 Licensee New Cingular Wireless PCS, LLC 17330 Preston Road, Suite 100A Dallas, TX 75252 AI~-N Kellye E. Abernathy FRN 0003291192 Type (View Ownershio/ P:(972)733-2092 F:(972)733-8141 Limited Liability Corporation Contact Cingular Wireless LLC Kellye E Abernathy Esq 17330 Preston Road, Suite 100A Dallas, TX 75252 P:(972)733-2092 F:(972)733-8141 Qualifications, Ownership, and Demographics Radio Service Type Mobile Regulatory Status Common Carrier Interconnected? Yes http://wiretess2 fcc.~ov/UlsAppFLTlsSearch/license.i sr~?licKev=9888 4/20/05 Alien Ownership · The Applicant answere~o., to each of the Alien Ownership Basic qualifications Has the Applicant or any party to this application or amendment No had any FCC station authorization, license, or construction permit revoked or had an,/application for an initial, modification or renewal of FCC station authorization, license, construction permit denied by the Commission? Has the Applicant or any party to this application or amendment, or No any party directly or indirectly controlling the Applicant, ever been convicted of a felony by any state or federal court? Has any court finally adjudged the Applicant or any party directly or NO indirectly controlling the Applicant guilty of unlawfully monopolizing or attempting unlawfully to monopolize radio communication, directly or indirect[y, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement, or any other means or unfair methods of competition? Is the Applicant or any party directly or indirectly controlling the Yes Applicant, currently a party In any pending matter referred to in the preceding two items? Tribal Land Bidding Credits This license did not have tribal land bidding credits. Race Hispanic/Latino? Gender ULS Help ULS Glossary - FAQ - Qnllne Help - Technical SuoDort - Licensincl Sul~pOrt ULS Online Systems CORES/Call Sion Reeistratior~ - ULS Online Filiqg - ~ - AoelicaUon Search About ULS Privacy Statemer!t - About UL~ - ULS Home Basic Search l'By Call Sign ~ = I ~ (~ ~ I Wireles_s I uks_ I (;ORES Federal Communications Commission 445 :[2th Street SW Washington, DC 20554 Help i Tech SUODOr~ Phone: 1.-888-CALL-FCC (~.-888-225-5322) 'FRY: t-888-TELL-FCC (1-888-835-5322) E-maih fccinfo~fcc.q0y http://wireless2, fcc.gov/UlsApp&llsS earch/license,i sp?IicKev=9 8 8 8 Federal Commun~tions Commission Wireless Telecommunications Bm'eau Radio StatJmt Authorization Call Sign: WPLM573 Name of Ucensse: Nextel License Acquisition Corp, 1505 Farm Credit Drive McLean File Number:. 0000000009 I Prim Date: 07/23/1998 .'Mtm~on: ROBERT H. MCNAMARA VA 221O2 t,'brk~ Number:, Ch~nnd Blod;: I Sub.Mmket Design~toc BEA010 B I 0 Marke~ Name: New Yo~k-No. New Jer.-Long id Effective Date 1st Build-out Date 2nd Build.out Date ~rd BalM-out Date 4th Build-out Date Expirm~on DMe 06/17/lg98 06/17/2001 06/17/2003 ' cav17/2008 --~ [ by Sec~lofl 708 o~ the Commu~ca~on. Acl al' 19~4. ns amm~d~, 47 U.~.C. 606. A graphical representalton of the ge~mphic ama authored to this oall sign may be genemled by selecting ,'License Searoh' at the following web address: http:l/wtbw~O.foc.gov Federal Communications Commission Wireless Telecommunications Bureau Radio Station Authorization (Reference Copy Only) This is not an official FCC license. It is a record of public Information contained In the FCC'e licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used In place of an official FCC license. Licensee: Cellco Partnership A'[-I'N Regulafery Cellco Partnership One Verizon Piece (MC: GA3B1REG) Alpharetta, GA 30004-8511 FCC Registration Number (FRN): 0003290673 Call Sign: ~ File Number: KNLH264 I Radio Service: CW- PCS Broadband Grant Date 06/27/1997 I I Market Number: STA321 Market Name: New York, NY tat06/27/2002Build'°ut Date I 08/27/2003 06/27/2007 05104/2004 I Channel Bio=k: F 2nd Build-out Date I Sub-Market Designator: 0 3rd Build*out Date 4th Build-out Date Special Condiflona or Walvem/Condiflone This authorization is subject to the condition that, in the event that systems using the same frequencies as granted heroin are authorized in an adjacent foreign territory (Canada/United States), future coordination of any base station transmitters within 72 km (45 miles) of the United Staiss/Canada border shall be required to eliminate any harmful interference to operations in the adjacent foreign territory and to ensure continuance of equal occess to the fl'equencies by both countries. This authorization is conditioned upon the full and timely payment of all monies due pursuant to Sections 1.2110 and 24.716 of the Commission's Rules and the terms of the Commission's installment plan as set forth in the Note and Security Agreement executed by the licensee. Failure to comply with this condition will result in the automatic cancellation of this authorization. Conditions Pursuant to Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. Section 309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right n the use of the frequencies designated n the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be ass gned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. Section 310(d). This license is subject in terms to the right of use or control conferred by Section 706 of the Communications ACt of 1934, as amended. See 47 U.S.C. Section 706. ^ graphical representation of the geographic area authorized to this call sign may be generated by selecting 'License Search' at the fcilew ng web address: hffo:/Nn,~w.fcc.nov^,vtbluls/. FCC 601 - MB Federal Communications Commission Wireless Telecommunications Bureau Radio Station Authorization (Reference Copy) This Is not an official FCC license. It la a record of public Information contained In the FCC'a licensing database on the date that this reference copy was generated. In cases where FCC rules raqulra the presentaUon, posting, or display of an FCC license, this document may not be used In place of an official FCC license. Licensee: New York SMSA Limited Partnership A'I-I'N Regulatory New York SMSA Limited Partnership One Verizon Place (MC: GA3B1REG) Alpharetta, GA 30004-8511 JMarket Name New York, NY-NJ/Nassau-Suffolk Grant Date 11/15/2004 Effective Date 11/15/2004 Expiration Date 10/01/2014 FCC Regiatretlon Number (FRN): 0003473220 Cell Sign: ~ File Number: KNKA2.06 I Radio Service: CL - Cellular Market Number Channel Block CMA001 B Sub-Market Designator 0 Five Yr Build-Out Date 11/3011999 Print Date 02/01/2005 R CPe~ersenqssociates LLC Consulting- Wireless Safety Site Conformity Assessment w/th FCC Rules and Regulations, 47 CFR § 1.1310 et seq. (Radiofrequency Emissions) FCC Licensee: Site Name: Site Address: New Cingular Wireless PCS, LLC Verizon Wireless Nextel of New York, Inc. Orient Fire District 23300 Main Road Orient, Suffolk County, NY Prepared for Vincent Cannuscio, CEO Verizon Wireless Beacon Wireless Mnnagement West Nyack, New York 10994 Hampton Bays, New York 11946 New Cingular Wireless PCS, LLC Nextel of New York, Inc. Woodbury, New York 11797 White Plains, New York September 19, 2005 170 FAIRVIEW DRIVE, PO BOX 386, BEDMINSTER, NJ 07921-0386 Beacon Wireless Management Site, Orient Fire Dislrict. Suffolk County, NY - 2 Table of Contents Summary ................................................................................................... .3 1. Introduction .......................................................................................................... 4 2. Technical Data ......................................................................................... 4 3. Environmental Levels of RF Energy .................................................................... 4 4. Comparison of Environmental Levels with RF Safety Criteria .................... 5 5. Discussion of Safety Criteria ................................................................................... 6 6. For Further Information ........................................................................ 8 7. Conclusion ....................................................................................................... 9 Beacon Wireless Managerncnt Sit~, Orient Fire District, Suffolk County, NY - 3 Site Conformity Assessment with FCC Rul~s and Regulations, 47 CFR § 1.1310 et seq. (Radiofrequency Emissions) This report is an analysis of the radioffequeney (RF) environment associated with a 90 ft radio communication antenna tower proposed for installation in Orient, Suffolk County, NY. The analysis includes the contribution from transmitting antennas for following radio services that will be co-located at this site: public safety land-mobile radio, cellular radio, enhanced specialized mobile radio and personal communications services. Antenna elevations and other engineering data and site information were provided by Beacon Wireless Management and the wireless service providers (Cingular, Verizon and Nextel). Well-established analytical techniques were used for calculating the strength of the RF fields (RF power density) in areas normally accessible to the public in order to assess compliance with federal safety guidelines. Worst-caso assumptions were used to ensure safe-side estimates, i.e., the actual values will be significantly lower than the corresponding analytical values presented in this report. The maxiraum level of RF energy associated with each transmitting antenna is compared with the appropriate frequency- dependent exposure limit, and these individual compatisons are combined to ensure that the cumulative RF environment is in compliance with the Federal Communications Commi.qsion (FCC) safety guidelines. The results of this analysis indicate that the maximum level of RF energy in all locations in the vicinity of the installation, that are normally accessible to the public, is below all applicable health and safety limits. Specifically, the maximum level of RF energy associated with simultaneous and continuous operation of all proposed transmitting antennas located at this site will be less than 4.2% of the safety criteria adopted by the FCC and menda~xl by the Telecommunications Act of 1996. The maximum level of RF energy in such locations will also be less than 4.2% of other contemporary exposure limits, e.g., those of the American National Standards Institute, the Institute of Electrical and Electronics Engineers, the recommendations of the National Council on Radiation Protection and Measurements and international safety guidelines such as those of the International Commission on Non-Ionizing Radiation Protection. Beacon Wireless Management Site, Orient Fire Di.vtrict, Suffolk County, NY - 4 1. Introduction The purpose of this report is to ensure that the radiofrequency (RF) environment associated with the operation of thc transmitting antennas that will be located on a 90 ft monopole-type tower located in Orient, Suffolk County, NY complies with the Federal Communications Commission (FCC) safety guidelines as required by the Telecommunications Act of 1996 [1 ]. Specifically, the report was prepared in response to a request from Beacon Wireless Management and the wireless service providers (Cingular, Vetizon end Nextel) for an analysis of the RF environment in areas normally accessible to the public and a conformity assessment to ensure that the installation will comply with FCC safety guidelines which address public health concerns associated with long- term exposure in RF environments. The analysis includes the contribution fi.em all radio communication services proposed for installation at this site, i.e., public safety land-mobile (two- way) radio (Orient Fire District and Southold Police), Cingular/AWS cellular radio and pc~onal communication services (PCS), Vefizon Wireless cellular radio and Nextel Cemmonications enhanced specialized mobile radio (ESMR). Thc Telecommunicalions Act of 1996 is the applicable Federal law with respect to consideration of environmental effects of RF emissions in the siting of wireless facilities. With respect to personal wireless communication services, c.g., PCS, ESMR and cellular, Section 704 of the Telecommunications Act of 1996 states the following: "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of persunal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." 2. Technical Data The proposed cellular radio, ESMR and PCS base-station antennas are to be mounted (concealed) within the monopole; public safety two-way radio antennas are to be mounted to the top of the reonopole on cross-arm extensions. The monopole will be constructed on the Orient Fire District property located at 23300 Main Road in Orient, Suffolk County, NY. The PCS antennas transmit at frequencies between 1930 and 1990 million hertz (MHz). The ESMR antennas transmit at frequencies between 851 and 866 MHz; the cellular radio antennas transmit at fi.equencies between 869 and 894 MHz (these frequencies were formerly allocated for UHF television channels 77 through 83). The two-way radio antennas transmit in the VHF Iow hand (25- 50 MHz) and VHF high band (140 - 170 MHz). The actual RF power propagated from PCS, ESMR and c¢lhrlar radio antennas is typically less than 20 watts per transmitter (channel) and the actual total RF power is typically less than 200 watts per sector (assuming the maximum number of transmitters are installed and operate at maximum power). The actual RF power propagated from two-way radio antennas is typically less than 100 wat~ per transmitter. These are extremely low power systems when compared with other familiar radio systems, such as AM, FM, and television broadcast, which operate upwards of 50,000 watts. The attached figure, which depicts the elecl~magnetic specUum, ~ familiar uses of RF energy. Table I lists engineering specifications for the transmitting systems proposed for this site. 3. Environmental Levels of RF Energy The antennas used for PCS, ESMR and cellular radio propagate most of the RF anergy in a relatively narrow beam (in the vertical plane) directed toward the horizon. Thc small amount of energy directed along radials below the horizon results in an RF environment in the vicinity of the base of the tower that is not remarkably different fi.om the environment at points more distant. B~aco~ Wireless Management Sit~, Ori~t Fire Districg Suffolk County, NY - 5 The methodology used to calculate the exposure levels follows that outlined in FCC OET Bulletin No. 65 [2]. For the case at hand, the maximal potential exposure levels associated with simultaneous and continuous operation of all transmitting antennas can be readily calculated at any point in a plane at any height above grade. Based on the information shown in Table 1, the maximum intensity (power density) associated with the proposed systems, at any point in a horizontal plane 6 ft and 16 R above grade, will be less than the values shown in Table 2. The values at 16 t~ above grade are representative of the maximum power density immediately outside the upper floor of nearby residential or commercial 2-story structures (ass~maing level tenain). The results are also shown in Table 2 as a percentage of the FCC's maximum pennissible exposure (MPE) values found in the Telecommunications Act of 1996 (specifically, in the FCC Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation [3]). The values shown in Table 2 are the theoretical maxima that could occur and are not typical values. There are a number of reasons why this is tree including the following: · The calculations include the effect of 100% field reinforcement from in-phase reflections, which quadruples the power density. Although this is possible theoretically for a single frequency and perfect reflecting surfaces, the probability of it occurring here is negligible. · It is assumed that each transmitter operates continuously at maximum power. · The intermittent nature of the transmission from the two-way radio antennas will result in time-weighted-average values that will be lower than those shown in Table 2. · Due to the operating (transmission) techniques used in GSM systems (Cingular/AWS), the average power and the corresponding power density will be less than predicted. · The combined maximum power density is obtained by adding the maximum values for each of the services. This assumes that the maximum power density for each service occurs at the same horizontal distance from the tower - which is not the case. Experience has conCn'med that the analytical technique used in this analysis is extremely conservative and overestimates the actual RF power density. The actual (measured) power density levels have always been found to be smaller than the corresponding calculated levels even when extrapolated to maximum use conditions (all transmitters operating simultaneously) [4]. The maximum values shown in Table 2 correspond to those associated with ou~oor (open-air) environments. The levels inside nearby homes and buildings will be lower than those immediately outside because of the attenuation of common building materials, particularly at the higher frequencies. 4. Comparison of Environmental Levels with RF Safety Criteria Table 2 shows the calculated maximal RF power density levels in the vicinity of the proposed installation; Table 3 shows federal, state and consensus exposure limits for human exposure to RF energy at the frequencies of interest. Because the MPEs vary with frequency, the calculated RF levels must first be weighted with frequency (the percentages are shown in Table 2) and then combined before comparing with the safety guidelines. With respect to FCC limits for public exposure, comparisons of the weighted combined analytical results indicate that the maximal power density (the summation of the maximum values for each service) in noralally accessible locations in the vicinity of the tower will be at least 23 times below the MPE; i.e., 4.2% of the MPE. Beacon Wireless Management Site, Orient Fire DisU'ict, Suffolk County, NY - 6 5. Discussion of Safety Criteria Those who are not familiar with the subject tend to think that the study of the safe use of RF energy is in its infancy. This is not the case. Studies of the biological effects associated with exposure to RF energy and the development of safety standards for human exposure based on these studies is a continuous process that has been on-going throughout the world fur mom than five decades. The first safety guidelines were proposed in the early 1950's when concern first arose in the US about exposure to electromagnetic energy, particularly at microwave frequencies. Although the guidelines first recommended in the 1950's varied considerably from organization to organization, eventually most organizations in the Western World adopted limits similar to those adopted by the FCC. The bases for contemporary safety limits, called "basic restrictions," were first proposed by a committee sponsored by tho Institute of Electrical and Electronics Engineers (IEEE)~ and the National Council on Radiation Protection and Measurements (NCRP)2 in 19823 [5] and 1986 [6], respectively. Every recent major independent review of the latest science has continually realTwmed the validity of these basic restrictions. In spite of the large number of studies that have appeared in the scientific literature since the current IEEE standard was published4, and in spite of continuing speculation by some of a possibility that adverse effects may oconr at levels lower than those of contemporary safety guidelines, there is no convincing evidence that would support such speculation. The scientific literature related to biological effects of RF energy is highly diverse, both in terms of scientific quality and in terms of relevance to possible health and safety risks to humans. Occasionally media reports of the results of some new study conclude that exposure to low-level radiowaves could be harmful, ha many cases these reports are based on press releases by a researcher or the researcher's institution. Many such repoas include gratuitous speculation suggesting that, based on the results of the study, devices such as mobile phones, microwave ovens or even computer display terminals might be unsafe. Even though many such reports describe only preliminary or unconfirmed results of studies that have not been subjected to peer- review or accepted for publication, and may not even be relevant to human health, they are sometimes given an inordinate amount of attention. In many cases it is not the scientist who creates significance by postulating adversity, but rather the media because of the implied "newsworthiness" of the story. In bioelectromagnetics, as in most areas of science, it takes a considerable amount of time and effort for scientists to silt and winnow facts from conjecture, and while most of these controversial reports and repomxl preliminary results of unpublished studies do not stand up to scientific scrutiny, or cannot be related to adverse human bealth, they nevertheless am the focus of concern to the lay pe~on because of the alarming way they are interpretexl and presented. Contrary to what some of these stories may imply, a lot is known about the safety of electromagnetic energy at radiofrequencies. What is important is that in spite of the tremendous amount of research that has been reported in this field over the past five or six decades, them is a Beacon Wireless Menagement Site, Orient F/re District, Suffolk County, NY - 7 complete lack of any reliable evidence showing that exposure to RF energy at levels below contemporary safety guidelines is harmful to humans, including children. Moreover, the reliable scientific evidence clearly demonstrates that biological effects associated with exposure to RF energy are "threshold effects." This means that effects are associated with exposures above a specific intensity - regardless of the exposure dumtiunfi The threshold exposure levels at which potentially harmful effects might occur has been independently established and confn'med many times over. These thresholds, with large built-in margins of safety, are the bases ofcontempurary safety guidelines and recommendations, such as those supported or developed independently by expert panels and committecs sponsored by the IEEE [7], the NCRP [6], the International Commission on Non-Ionizing Radiation Protection (ICNIRP) [8], Health Canada [9], the Health Council oftbe Netherlands, [10], [11], the National Radiological Protection Board (NRPB) in the UK [12], the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) [13], and the safety guidelines adopted by the FCC [14], with which all wireless facilities in the US must comply. Adoption of the FCC safety guidelines, which are a composite of the most restrictive portions of the standards and recommendations developed by comrnittee8 of the IEEE and NCRP, are supported by the federal public health agencies. Although the State of New York does not have a regulatory program for the RF po~dun of the electromagnetic spectrum, the NYS DOH compares potential exposure levels with the recommendations of the NCRP to assess public safety. (Table 3 also includes a seminary of the con'esponding safety criteria recommended by various organizations throughout the world.) In spite of speculations about the possibility of effects occurring at levels below the safety guidelines, the fact is that the only effects reliably demonstrated in humans or laboratory animals are related to RF exposure at levels far in excess of the guidelines (hundreds of thousands or more times greater than what would be expected in normally accessible areas around antenna installations such as the Beacon Wireless Management site in Orient, Suffolk County, NY). This is not to say that exposure to radiowaves at any intensity cannot cause untoward effects. Exposures at levels far higher than the safety guidelines can lead to whole or partial-body heating and, possibly, bums from touching an object on which high radio-frequency currents are flowingfi The safety guidelines protect humans from these effects. The overwhelming consensus of the international scientific community is that as long as the system complies with the safety guidelines there is no adverse health risk, i.e., exposure to RF energy at levels at or below the safety guidelines is safe. During the past several years a number of independent critical reviews of the relevant scientific literature were unde~aken by expert panels throughout the world. Many of these reviews focused on mobile telephones and base stations, but they also addressed the adequacy of conte~nporary safety standards. The following excerpts fi:om some of these panels sa~mmarize the consensus of the scientific community: · In a May 2000 report, the Independent Expert Group on Mobile Phones (IEGMP), otten referred to as the Stewart Expert Group, found that "[The] balance of evidence is that exposures to RF energy below present safety limits in the UK [which are similar to FCC limits], do not cause health effects to the general population." [15] · In a January 2001 report to the French Health General Directorate (the "Zmirou Report"), a panel that reviewed the scientific literature concludes "...no risk has yet been demonstrated, in spite of the considerable amount of work done over the past several years." [16] Beacon Wireless Management Site, Orica~t Fire District, Suffolk County, NY - 8 · In a January 2000 report, the Health Council of the Netherlands committoe concludes "The Committee comes to the conclusion that there is at present no reason for concern." [10] · In a more recent repot~ (2002) the Health Council of Netherlands issued a major "update" to its January 2000 report, which also found no evidence of hazard from RF energy below recommended limits [11]. (The referenced limits are those of ICNIRP, the basic restrictions of which are the same as those of the FCC.) · In 2004, the NRPB (United Kingdom) issued a new report on the health effects from RF electromagnetic fields. Their conclusion is "...the weight of evidence now available does not suggest that there are adverse health effects from exposure to RF fields below guideline levels, but published work on RF exposures and health has limitations." [12] · In 2005, the NRPB issued another report on the health effects of RF electromagnetic fields, particularly addressing mobile radio (cellphones and cellular base stations) and the adequacy of current exposure guidelines. Their conclusion is "In aggregate the research published since the IEGMP report does not give cause for concern." [17] These reports largely addressed concerns about possible health effects of exposure to RF energy. Each of the expert panels examined a large body of evidence for baTards, including repofls of "non thermal" effects, but the only convincing evidence that could be related to adverse effects in bureaus involved high exposure levels and obviously thermal phenomena. Expert committees such as NCRP, IEEE ICES and ICNIRP have each independently reached the same conclusion and are very explicit about the lack of reliable evidence for possible hazards from low-level exposures or "non-thermal" effects. With respect to the proposed antennas located at the Beacon Wireless Management site in Orient, Suffolk County, NY be assured that the actual exposure levels in the vicinity of the installation will be below any science-based safety and health standard used anywhere in the world and literally thousands of timos below any level associated with verifiable evidence of any functional change in humans or laboratory animals. This holds tree even when all transmitters operate simultaneously and continuously at their highest power. Power density levels of this magnitude are not even a subject of speculation by the scientific community with regard to an association with adverse health effects. 6. For Further Information Anyone interested can obtain additional information about the environmental impact of PCS, ESMR and cellular radio communications from: Dr. Robert Cleveland, Jr. Federal Communications Commission Office of Engineering and Technology 445 - 12t~ Street SW Washington, DC 20554 (202) 418-2422 and William J. Condon, CHP Chief, Bureau of Environmental Radiation Protection State of New York, Department of Health 2 University Place Albany, NY 12203 (518) 458-6495 Beacon Wireless Management Site, Orient Fire DisUict, Suffolk County, NY - 9 7. Conclusion An analysis of the RF environment associated with a 90 fi radio communication antenna tower proposed for installation in Orient, Suffolk County, NY was carried out to ensure the site complins with applicable RF safety guidelines. Included in the analysis are conUibutions from antennas of all proposed co-located services at this site: PCS, ESMIL cellular radio and public safety two-way radio. Engineering data and site information was provided by Beacon Wireless Management and the wireless service providers. Well-estublished analytical techniques were used for calculating the strength oftbe RF fields (RF power density) in areas normally accessible to the public in order to assess compliance with federal safety guidelines. Worst-case assumptions were used to ensure safe-side estimates, i.e., the actual values will be significantly lower than the co~responding analytical values presented in lifts report. Thc maximum level of RF energy associated with each Wansmitting antenna was compared with thc appropriate frequency-depondent exposure limit, and these individual comparisons were combined to ensure that the cumulative RF environment is in compliance with the FCC safety guidelines. The results of this analysis indicate that the maximum level of RF energy in all locations in the vicinity of the installation, that are normally accessible to the public, is below all applicable health and safety limits. Specifically, the maximum level of RF energy associated with simultaneous and continuous operation of all proposed transmitting antennas located at this site will be less than 4.2% of the safety criteria adopted by the FCC and mandated by the Telecommunications Act of 1996. The maximum level of RF energy in such locations will also be less than 4.2% of other contemporary exposure limits, e.g., those of the ANSI, IEEE, the recommendations of the NCRP and international safety guidelines such as those of ICNIRP. Figure. Electromagnetic Spectrum Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 10 [1] Telecommonications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). [2] OET Bulletin 65, Edition 97-01, August 1997. Federal Communications Commission, Office of Engineering and Technology, Washington, DC [3] Federal Communication Commission 47 CFR Parts 1, 2, 15, 24 and 97. "Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation" (August 6, 1996) [4] Peterson, R.C., and Testagrossa, P.A., "Radiofrequeacy Fields Associated with Cellular-Radio Cell- Site Antcamas," Bioelectromagnetics, Vol. 13, No. 6. (1992) [5] ANSI Std C95.1-1982, "American National Standard Safety Levels with Respect to Hmnan Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to 100 GHz,' American National Standards Institute, New York, NY, 1982 [6] Biological Effects and Exposure Criteria for Radio Frequency Electromagnetic Fields, NCRP Report No. 86, National Council on Radiation Protection and Measurements, Bcthesda, MD. (1986) [7] IEEE Std C95.1 - 1991, "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electxomagnctic Fields, 3 ldtz to 300 GHz," (1999 edition), Institute of El~ctxical and Electxonics Engineers, Piscetaway, NJ, 1999 [8] ICNIRP (International Commission on Non-Ionizing Radiation Protection), ~Guidelines for limiting exposure to time-varying electric, magnetic and electxomagnetic fields (up to 300 GHz)," Health Physics, vol. 74, no. 4, pp. 494-522, 1998 [9] Health Canada Safety Code 6, "Limits of Human Exposure to Radiofrcquency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz,' Env~tal Health Directorate, Hcelth Protection Branch. Published by authority of the Minister of Health, 1999 [10] HCN, "Exposure to Electxoraagnctic Fields (0 Hz - 10 MHz)," Publication 200/6, Health Council oft:he Netherlands, Report No. 2000/06E, Thc Hague, 7 March 2000 [11] HCN Report, "Mobile Telephones: An Evaluation of Health Effects," Health Council of the Netharlands, Report No. 2002/01E, The Hague, 28 January 2002 [12] NRPB, "Review of thc Scientific Evideace for Limiting Exposure to Elcclromagnc¢ic Fields (0 - 300 GHz)," Documents of the NRPB, vol. 12, no. 3, National Radiological Protection Board, Chilton, Dideot, Oxfordshire, UK, 2004 [ 13] ARPANSA Radiation Protection Standard, "Maximum Exposure Levels to Radiofrequcncy Fields - 3 kHz to 300 GHz," Radiation Protection Series Publication No. 3, Australian Radiation Protection and Nuclear Safety Agency, 2003 [14] FCC Ralc~ and Regulations, 47CFR § 1.1310 et seq. [15] IEGMP, "Mobile Phones and Health". Report from the Indepeatiant Expert Group on Mobile Phones, UK, May 2000 [16] "Zmiron Report" To the French Health General Directorate, January2001 [17] NRPB "Mobile Phones and Health 2004: A m3mrt by the Board of the National Radioingical Prot~riion Board (NRPB),' Documents of the NRPB, vol. 15, no. 5, National Radiological Protection Board, Chilton, Dideot, Oxfordshire, UK, 201M, Released Jan 11,2005 Beac~ Wireless Management Si~, Oriant Fire Dislrict, Suffolk County, NY - 11 Table 1 Engineering Specifications for the Proposed Cellular Radio, ESMR, PCS and Two-way Radio Systems Orient, Suffolk County, NY Two-way Radio Site Specifications Orient FD Southold Police (46 M~z) OS5 Mhz) maximum ERP per channel ~ 100 watls 200 watls _ actual radiated~oower~er channel 100 watts 100 watts actual total radiated power 100 wails 100 watts number of transmit (Tx) antennas N/A N/A nuvaber 0freeeivk(Rx) antennas N/A N/A number of T~ ~ntenans (duple~ed) I 1 maximum number of tran~miRets I 1 number of sectors configured N/A (~onmi) N/A (omni) antenna centerlin¢ height above ~ade 95 ff et 96 ft et antenna manufacturer Celwav¢ Decibel Products model number PD 1142 DB222 gain 2.15 dBi 5.15 dBi typ~ omni-directional omni-directional downtilt 0° 0° Beacon Wireless Management Sit~, Orient Fire District, Suffolk County, NY - 12 Table I (continued) Engineering Specifications for the Proposed Cellular Radio, ESMR, PCS and Two-way Radio Systems Orient, Suffolk County, NY Cpllnlor Radio ESMR PCS Site Specifications Cing~lar/AWS Verizon Nextel Cingular/AWS (GSM850) (GSMIgO0~ ma 'xi~.~ um E~j~er chann~ ! 243 watts 296 watts 100 wfltis 243 watts actual ~ated~power per channel .... 20 ~tts .... 20 watXs 6 watts 10 watts actual total r~dlate4t power p~q' sector 60 watts 140 watts 72 watts 30 wars N/A N/A N/A N/A nuxaber oftxansmit (Tx) antennas N/A N/A N/A nm:nl~ of rec~ve (Rx) antenn~ ... N~A_ .... number of Tx/Rx antennas~uples~d, ..... 2~5-_~cm~ 2 per sector ~: 2 per sector ~: 2 per sector ~ Maximum nmnber oftran~rnltter~ 3 per sector 7 per sector 12 per sector 3 per sector 3 3 3 3 ntmaber of sectors configux~ allt~llla ¢~flt~'lill¢ heit~ht above ~radc 75 t~ ± ~ 65 t~ :~ ~ 85 t'~ ,~ $ 75 t~ -~ ~ antenna manufacturer Decibel Products Decibel Products Decibel Products Decibel Products model number DB731DG85V1EXlvI* DB774G90VI ESXM DB844H90-XY DB73 IDG85VIEXM* ~ 12.95 dBi 13.85 dBi 14.15 dBi 16.15 dBi ~ype directional directional directional directional downtilt 0° 2° (electrical) 0° 2° {¢lectxical) emitting morc tlum 100 watts. In other directions, them is almost no fight cmitted by thc spot4ight and it effectively aFpea~ to be much I~ss than Beacon Wireless Management Site, Orient Fire District, Suffolk Coonty, NY - 13 Table 2 Calculated Maximal Levels and the Levels as a Percentage of 1996 FCC MPEs~ for the Proposed Cellular Radio, ESMR, PCS and Two-way Radio Antelmas Orient, Saffolk Coaaty, NY .p_ owg_r_De~g~(pW/cm2) % of MPEs* Provider-Service 6I~AMGL~ I 16 ft AMGL~ 6 ft AMGL~ [ 16 ftAMGL~' Orient FD ~o-way radio (46 ~) < 1.78 < 2.26 ~ 0.89% ~1.13% Southold Police - two -way ra_d~5_ ~_ _ < 0 46 < 0.58 0.23% 0.29% Verizon - cellular radio 5 6~9~ .... < 10.09 1.27% 1.84% Nextel - ESMR < 2.53 < 3.31 0.46% ___ 0.61% Cingular/AWS - cellular radio (GSM850) < 1.03 I < 1.41 0.19% I_, 0.26% CLn~,lar/AWS - PCS (GSM1900) < 0.38 [ < 0.52 0.04% ~[ 0.06% Total 3.08% I 4.19% Beacon Wireless Managoment Site, Orient Fire District, Suffolk County, NY - 14 Table 3 Summary of International, Federal, State and Consensus Safety Criterln for Exposure to Radiofreqnency Energy at Frequencies Used for Radio Communication Systems (30 - 2000 MHz) Exposure Power Density (pW/cm2) Org~aniTation/Government Agency Population 30 - 300 Mlffz [ 300 - 2000 MHz International Saf~ Criteria International Commission on Non-Ionizing Radiation Protection Occupational 1000 f~ 0.4 (Health Physics 74:4, 494-522. (1998)~ Public 200 f/2 Occupational 1000 50003 National Radiological Protection Board NRPB, 1993)2 Public 660 26003 Federal Requirements Federal Communications Commission3 Occupational 1000 f~ 0.3 47 CFR § I. 1310) Public 200 fl 1.5 Consensus Standards and Recommendations American National Standards Institute Occupational 1000 f/0.3 (ANSI C95.1 - 1982) Public 1000 fl 0.3 Institute of Electrical and El¢cU'onics Engineers Occupational 1000 f~ 0.3 (ANSI/IEEE C95. l- 1999 Edition)4 Public 200 f~ 1.5 National Council on Radiation Protection & Measurements Occupational 1000 f~ 0.3 (NCRP Report 86, 1986) Public 200 f~ 1.5 State Codes New Jersey (NJAC 7:28-42) Public 1000 f~ 0.3 Massachusetts (Depar~ent of Health 105 CMR 122) Public 200 fl 1.5 New York States Public 200 f~ 1.5 f = frequency ia MHz NOTES: 1. Update of the 1989 International Radiation Protection Association (IRPA) guidelines. Reaffirmed In 1997 and published, with modification, in 1998. 2. The 1993 NRPB guideliacs have slightly different frequency ranges for their investigation levels. The values shown are the lowest values for the corresponding fi'equency range. In 2004 NRPB adopted the ICNIRP limits. 3. AH licensees are required to comply with the limits outlined ia 47 CFR §l. 1307. 4. Incorporating IEEE Slaadard C95.1-1991 and IEEE Standard C95.1a-1999. 5. State of New York Depamnent of Health follows NCRP Report 86. Beacon Wireless Management Site, Orient Fire District, Suffolk County, NY - 15 E£ECTRO AGNET C SPECTRU Non-Ionizing Radiation i Radiation Power Frequency Service/Device: Frequency Range AM Radio: 535 - 1605 kHz CB Radio: 27MHz Cordless Phones: 49 - 2450 MHz TV CH 2 - 6:54 - 88 MHz FM Radio: 88 - 108 MHz Marine/Weather Radio: 160 MHz TV CH 7 - 13: 174-216MHz TV UHF CH 14 - 69 470 - 800 Mttz Cellular Radio, ESMR, Paging/Data: 806 - 946 MHz Antithet~ devices: lO-20kHzand/or915MHz Wireless LAN CWiFi): 915 - 5800 MHz Microwave oven: 915 and 2450 MHz Personal Communication Services: 1800 - 2200 MHz Intrusion alarms/door openers: 10.5 GHz Microwave radio: 1 - 40 GHz Satellite communications: 100 MHz - 275 GHz -----~ 10$ 60Hz 1Ml~z 1GHz Frequency (II.z) AT&T Wireless Services in Southold Town ( included are LI~741 in Riverhead Town & FU2 in Shelter Island ) '~ Subject site (L1~735) ~ Future Sites Existing sites Note: Sites LI-741 and FU2 are located in different towns. These sites will provide partial coverage in Southold Town. Inventory of AWS sites - Southold Town LI-735 (Subject site) Separation distance from Site the subject site Number Site Name Owner Location Type of site Height (ff) Latitude Longitude (mi) LI-735 Orient point ;)rient Point ED 23300 Main Roadi O~ient P~int, Suffolki Ny ~ 1957 Monop~le/Elagpoie 411425 ~72 3021 0 LI-741 East Northville Aosen 5792 Sound Avenue, Jamesport, NY 11901 Lattice 117 40.9681 -72.6092 19 LI-201 Fishers Island .ady of Grace Catholic Church Oceanic Avenue, Fishers Island, Suffolk, NY Church/Building 35 41.2624 -72.8940 17 FU2 Shelter Island ~helter Is Town Garbage Dump Menentic Road, Shelter Island, Suffolk, Ny 11964 Monopo[e 150 41.0667 -72.3508 6 228 Mattituck ~.T&T Rte 25 & Elijah Ln, Matfituck, Suffolk, NY Monopole 100 40.9989 -72.6106 15 229 Southo[d ~outhold Police Department Peconic Lane, Peconic, Suffolk, Ny Laffice 90 41.0358 -72.4550 11 225 Orient 3reenport Water District Moore's Lane, Greenport, Suffolk, Ny Water tower 148 41.1042 -72,3742 4.6 SKes LI-741, LI-201 and FU2 are future sites. Sites 228,229 and 225 are existing sites. NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS Map of Sites Town of Southold Proposed Site: Orient Fire District New York SMSA Limited Partnership d/b/a Verizon Wireless Inventory of Existing Sites - Town of Southold Lat Long Exist Site Name Distance from Proposed Orient Fire District Site (miles) 40.9906 -72.5367 Mattituck 16.08 41.04083 -72.4575 PECONIC 10.76 41.10417 -72.37417 GREENPORT RELO 5 41.03 -72.4975 CUTCHOGUE 12.94 Site Number Dtstar~e from NY25'I'3 NY2573 0 7 ! ~ NY'I'I6 ~" NY28f2R 12,58 -NYI959R 'NYI214R Distance to NY2573 Site iD Site Status Latitude Longitude in km in milesTown NY2573 BP 41.14372 -72.3076 N/A N/A Southold NYl160 On Air 41.1096 -72.3677 6.30 3.91 Southold NYl162 On Air 41.0414 -72.4586 17.01 10.57Southold NY1313 On Air 40.999 -72.5111 23.44 14.57Southold NY2812 On Air 41.0307 -72.4969 20.23 12.58Southold Lon Island, NY RF Engineering 14-Jan-2005 NY- Orient Final 10/25/04 LAND AND TOWER LEASE AGREEMENT This Agreement, made this 15 day of ~1,16~ ~ ,2005[ between AFFORDABLE HOUSING ASSOCIATES, INC., a New York corporation, d/b/a Beacon Wireless Management, (Federal Tax I.D. Number 11-3279306), with a mailing address located at 27 Oak Lane, Hampton Bays, New York 11946 (hereinafter designated "LESSOR") and NEW YORK SMSA LIMITED PARTNERSHIP, a limited partnership of the State of New York, d/b/a Verizon Wireless, (Federal Tax I.D. Number 13-3184439), with its principal office located at c/o Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey 07921 (hereinafter designated "LESSEE"). WITNESSETH: WHEREAS, the Orient Fire District is the owner (the "Owner") of certain real property known as and located at 23300 Main Road (Route 25), Orient, New York 11957, as shown on the Suffolk County Tax Map as District 1000, Section 18, Block 5, Lot 13.8 (the "Property"); and WHEREAS, Owner, as lessor, and LESSOR, as lessee, entered into a Communications Site Lease Agreement, entered into on October 15, 2002 (the "Prime Lease"). a copy of which is annexed hereto and made a part hereof as Exhibit "A", whereby Owner leased to LESSOR a certain parcel of the Property consisting of approximately four thousand (4,000) square feet (the "Prime Lease Area"), for the purpose of constructing, operating, and maintaining a communications tower/monpole (the "Tower"), and other structures; and WHEREAS, LESSEE desires to lease from LESSOR approximately four hundred and twenty (420) square feet of the Prime Lease Area, and certain space on the Tower, for the installation, operation, and maintenance of a wireless communication facility (the "Communication Facility"). NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to LESSEE: (i) a parcel of the Prime Lease Area consisting of approximately four hundred and twenty (420) square feet (the "Equipment Space"), and that certain space on the Tower (the "Tower Space"), both as generally depicted on Exhibit "B" annexed hereto and made a part hereof, where LESSEE shall have the right to instalI, maintain, and operate: antennas, wires, cables, an equipment shelter consisting of approximately three hundred and sixty (360) square feet (the "Equipment Shelter"), a concrete pad for the entrance of the Equipment Shelter, communications and other related or similar equipment, cabinets, meters, panels, batteries, telephone, electrical, air conditioning, sprinkler, alarming, and other systems, generator(s), and supply sources, structures, devices, and components, as the case may be, which in LESSEE's sole discretion, are necessary or desirable to install, maintain, and operate the Communication Facility; and (ii) those certain areas where LESSEE's conduits, wires, cables, cable trays and other necessa~3, connections (hereinafter collectively refen-ed to as "Cmmections") are NY - Orient Final 10/25/04 located between the Equipment Space and the Tower Space, and between the Equipment Space and the electric power and telephone sources for the Property. LESS OR agrees that LESSEE shall have !he right to install Connections between LESSEE's equipment in the Equipment Space and antennas ~n the Tower Space, and between LESSEE's equipment in the Equipment Space and the electric power and telephone sources for the Property, and any other improvements. LESSOR further agrees that LESSEE shall have the non-exclusive right foringress and egress (the "Access") to the Premises (as hereinafter defined), seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including tracks, over, under, or along a fifteen foot (15') wide right-of-way (the "Right of Way") extending from the nearest public right-of-way to the Premises, together with the right to install, replace and maintain utility wires, poles, cables, conduits, pipes and other necessary connections over, under, or along any right-of-way extending from the aforementioned public right-of-wayto the Premises. (TheEquipment Space, Tower Space, Connections, Access, and Right of Way are hereinafter collectively referred to as the "Premises"). In the event any public utility is unable to use the aforementioned right-of-way, LESSOR hereby agrees to grant an additional right-of-way either to LES SEE, or to the public utility, at no cost to the LESSEE. 2. FEASIBILITY. LESSOR grants to LESSEE the right to conduct any surveys, inspections, searches or tests, including, without limitation, engineering surveys, environmental tests, title searches and/or any other such tests which, in LESSEE's sole discretion, are reasonably necessary to construct and install the Communication Facility, to acquire a building permit (the "Building Permit"), and/or otherwise to determine the feasibility of the project contemplated by this Agreement. If prior to the Commencement Date (as he[einafter defined), LESSEE, in its sole discretion, determines it will be unable to use the Premises for its intended purpose, LESSEE shall have the right to terminate this Agreement upon written notice to LESSOR. If LESSEE does not obtain a Building Permit, LESSEE may, at its option, elect to terminate this Agreement without any further obligation from either Party to the other, except as otherwise set forth in this Agreement. 3. SURVEY. In accordance with LESSOR's right to survey the Property pursuant to the terms of the Prime Lease, LESSOR hereby grants to LESSEE the right to survey (the "Survey") the Property, at LESSEE's sole cost and expense. The Survey shall be annexed hereto as Exhibit "C", and shall control in the event of boundary or Access discrepancies. 4. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, that the initial term shall be for five (5) years, and shall commence on the Commencement Date ~s hereinafter ~ .ich time rental payments will be due at an annual rental ~aid in equal monthly installments The annual rental for each subsequent year of the initial term shall be equal tc percent ~ of the annual rental payable during the immediately preceding year. Ali rental due under this Agreement shall be paid on the first day of the month, in advance, to LESSOR, or to such other 2 NY - Orient Final 10/25/04 person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. The "Commencement Date" is defined as the first (1 st) day of the month following the date that LESSEE is granted a Building Permit for the Communication Facility. Notwithstanding the foregoing, if LESSEE has not obtained a Building Permit by the later of(i) January 1, 2006 or (ii) the date that LESSOR completes construction of the Tower (the "Building Permit Date"), LESSEE may, at its option elect to either (a) cancel this Agreement without any further obligation from either party to the other or (b) commence rental payments pursuant to this Section, however, any payment of rent made pursuant to this provision shall not cause or result in the commencement of the initial term of this Agreement. In addition, in the event the Certificate of Occupancy/Compliance for the Tower is not issued within twelve (12) months after the date that the Building Permit is issued, then LESSEE's obligation to pay rent shall abate until such time as such Certificate of Occupancy/Compliance for the Tower is issued. 5. ELECTRICAL. If permitted by the local utility company servicing the Property, LESSEE shall furnish and install its own direct meter for electricity. Otherwise, LESSEE shall install an electrical sub-meter at the Property for the measurement of electrical power used by LESSEE's installation. LESSEE shall pay for its own power consumption used at the rates charged to LESSOR by the public utility company thirty (30) days after receipt of an invoice and supporting documentation from LES SOR indicating the actual usage amount and rates. Verizon New York, Inc. or any other utility provider shall have the right to install its equipment or an other improvements on the Property that it requires to service LESSEE's installation at the Premises, and LESSOR shall execute any documents that such utility provider requires in connection with same. 6. EXTENSIONS. This Agreement shall be extended automatically for five (5) additional five (5) year terms, unless the LESSEE terminates it at the end of the then current term by giving the LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. shall be equal immediately 1; EXTENSION P,_ENTALS. The annual rental for each year of any extension term ~ercent of the annual rental payable during the m equal mo ' installments 8. ADDITIONAL EXTENSIONS. If at the end of the fifth (5th) five (5) year extension term this Agreement has not been terminated by either Party giving written notice to the other of its intention to terminate at least three (3) months prior to the end of such term, this Agreement shall' continue in force upon the same covenants, temps and conditions for a further term of five (5) years, and for five (5) year terms thereafter until terminated by either Party giving written notice to the other of its intention to so terminate at least three (3) months prior to the end of such term. The annual rental for each year of any extension term shall be equal (I~) of the armual rental payable during the immediately preceding year, payable in equal percent NY - Orient Final 10/25/04 monthlyinstallmems. 9. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining and operating the Communication Facility, and uses incidental and all necessary appurtenances. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the l~remises at the discretion of LESSEE (not including the access easement). The installation of all improvements shall be at the discretion and option of LESSEE. LESSEE shall have the right to alter, improve, change, replace, substitute, repair, remove, withdraw, add, supplement, extend or otherwise modify any component of the Communication Facility including, but not iimited to, its antennas and equipment, or any other portion thereof, whether or not same is specified on any exhibit annexed hereto during the term of this Agreement, or any extension hereof so long as such additions, supplements, extensions or modifications do not increase the amount of ground space, or the number of antennas, lines or change the location on the tower or substantially increase the weight and wind load of the antennas as otherwise herein provided. LESSEE shall maintain the Premises in a good condition, reasonable wear and tear excepted. LESSOR shall maintain the Prime Lease Area, excluding the Premises, in good condition, reasonable wear and tear excepted. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining, after the execution date of this Agreement: (i) a satisfactory structural analysis of the Tower as prepared by LESSOR; (ii) satisfactory title and environmental analyses; (iii) satisfactory soil boring tests, if LESSEE so requires; and (iv) all of the certificates, permits, licenses, and other approvals (collectively the "Governmental Approvals") that may be required by any federal, state or local authority that will permit LESSEE's use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Prime Lease Area or the Property with respect to the proposed use thereof by LESSEE. In the event that any of the aforementioned analyses or soil boring tests are unsatisfactbry to LESSEE, or any of such apphcations for such Governmental Approvals should be finally rejected or LESSEE determines that such Governmental Approvals may not be obtained in a timely manner, or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise with&awn or terminated by governmental authority, or that LES SEE determines in its sole discretion that it will be unable to use the Premises for its intended purposes or the LESSEE determines that the Premises is no longer technically comPatible f~r its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall become null and void and the Parties shall have no further obligations to each other, including the payment of money. 10. LESSOR'S COMPLIANCE. LESSOR represents and warrants to LES SEE that the Tower, Prime Lease Area, and all improvements m~d structures located thereon fully comply in every respect with all federal, state, county and local governmental laws, rules, regulations and ordinances (collectively,;the "Governmental Laws") including, without limitation, that there are no violations, NY- Orient Final 10/25/04 open building permits, open applications or structures without a certificate o foccupancy/compliance. In addition, LESSOR represents and warrants to LESSEE that ail future improvements and alterations to the Tower and/or the Prime Lease Area will comply in every respect with all Governmental Laws. LESSOR acknowledges that: (a) such representations and warranties are a material element of this Lease upon which LESSEE is relying, and LESSEE would not enter into 'this Lease without same; and (b) the inaccuracy of such representations and warranties shall be considered a material breach of this Agreement and will cause LESSEE to incur substantial damages and time delays. In the event the Tower and/or the Prime Lease Area, or any other improvement located thereon, are not in compliance in any respect with all Governmental Laws ("Governmental Non-Compliance"), LESSOR shall fully remedy such Governmental Non-Compliance, at LESSOR's sole cost and expense, within sixty (60) days of its receipt of notice from LESSEE. IF LESSOR fails to remedy such Governmental Non-Compliance within such time period, LESSEE shall have the option to (i) remedy same at LESSOR's expense, or (ii) terminate this Agreement upon ten (10) days written notice to LESSOR, and collect from LESSOR all monies paid by LESSEE to LESSOR hereunder, and pursue a claim against LESSOR for any expenses LESSEE incurred in connection with the negotiation and preparation of this Agreement, and all other costs and expenses incurred in connection herewith. In the event LESSEE elects to remedy LESSOR's Governmental Non- Compliance, then LESSOR authorizes LESSEE to take all acts and measures which LESSEE deems necessary to remedy LESSOR's Governmental Non-Compliance including, without limitation, (a) acting on behalf of LESSOR by executing any required applications in LESSOR's name and (b) altering and/or improving the Prime Lease Area and the improvements located thereon including, without limitation, the Tower. If LESSEE remedies or attempts to remedy LESSOR's Governmental Non-Compliance, LESSEE shall be entitled to offset all costs and expenses incurred (including, without limitation, those relating to improvements and alterations to the Prime Lease Area, and professional costs) against the rental and other fees due hereunder. LESSOR shall cooperate with LESSEE in connection with remedying LES SOR's Governmental Non-Compliance and shall, within three (3) business days of LESSEE's request, execute any applications prepared by LESSEE in connection with remedying the same. Notwithstanding anything to the contrary, LESSEE shall have no obligation to remedy LESSOR's GovemmentaI Non-Compliance. I 1. ACCESS. LESSOR agrees the LESSEE shall have free access to the Equipment Space and Tower Space at all times for the purpose of installing and maintaining its equipment. LESSOR shall furnish LES SEE with necessary means of access for the purpose of ingress and egress to the Premises, Equipment Space, and Tower Space, including providing LESSEE with three (3) sets of keys and/or applicable access codes (if any), which will permit LESSEE to gain access to any area that LESSEE may require pursuant to the terms of this Agreement. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of LESSEE or persons nnder their direct supervision will be permitted to the Premises. 12. TOWER COMPLIANCE. LESS OR covenants that it will keep the Tower in good 5 NY- Orient Final 10/25/04 ~cepair as required by all federal, state, county, and local laws. LESSOR shall also comply with all roles and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. If LESSOR fails to make such repairs, including maintenance, LESSEE may make the repairs, and the costs thereof shall be payable by LESSOR to LESSEE on demand. If LESSOR does not make payment to LESSEE within ten (10) days after such demand, LESSEE shall have the right to deduct the costs of the repairs from the succeeding monthly rental amounts normally due from LESSEE to LESSOR. No materials may be used in the installation of the antennas or transmission lines that will cause corrosion, rust or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. 13. INTERFERENCE. LESSEE agrees to have installed radio equipment of the type and frequency that will not cause measurable interference to LESSOR's equipment, or to the equipment of other lessee's of the Tower, Prime Lease Area, and Property, that was existing as of the date that this Agreement was fully executed by the Parties. In the event LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE of such interference, LESSEE will take all steps necessary to correct and eliminate the interference. LESSOR agrees that LESSOR and any other tenants of the Tower, Prime Lease Area, and Property who currently have or in the future take possession of LESSOR's Tower, Prime Lease Area, and Property will be permitted to install only such radio equipment that is of the type and frequency that will not cause measurable interference to LESSEE. In the event LESSOR's or any such tenant's equipment causes such interference, LESSOR will see that the interfering party takes all steps necessary to correct and eliminate the interference. The Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this paragraph and therefore, either Party shall have the right to specifically enforce the provisions of this paragraph in a court of competent jurisdiction. 14. LESSEE'S COMPLIANCE. AIl installations and operations in connection with this Agreement by LESSEE shall meet with all applicable Rules and Regulations of the Federal Communications Commission, Federal Aviation Agency and all applicable codes and regulations of the township, county and state concerned. Under this Agreement, LESSOR assumes no responsibility for the licensing, operation, and/or maintenance of LESSEE's radio equipment. 15. INDEMNITY. Each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Premises or the Property by the Party, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of the other Party, or its servants or agents. 16. INS URANCE. The Parties hereby waive any and ail rights of action for NY- Orient Final 10/25/04 negligence against the other which may hereafter arise on account of damage to the premises or to property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. LESSOR and LESSEE each agree to that at its own expense, each will maintain during the term of this Agreement General Liability insurance with a combined single limit of $1,000,000.00 for bodily injury and property damage. LESSEE shall deliver to LESSOR a certificate of insurance, naming the Owner and LESSOR as additional insureds, as proof of said coverage prior to the commencement of the installation of the Communication Facility. LESSOR agrees that LESSEE may self-insure against any loss or damage which could be covered by a comprehensive general public liability insurance policy. 17. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within ninety (90) days, remove its building(s), antenna structure(s) (except footings), fixtures and all personal property and otherwise restore the Property to its original condition, reasonable wear and tear excepted. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of the LESSEE shall remain the personal property of the LESSEE and the LESSEE shall have the fight to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Any claims relating to the condition of the Premises must be presented by LESSOR in writing to LESSEE within thirty (30) days after the termination or expiration of this Agreement or LESSOR shall be deemed to have irrevocably waived any and all such claims. 18. RIGHT OF FIRST REFUSAL. Intentionally deleted. 19. RIGHTS UPON ASSIGNMENT. Should the LESSOR, at' any time during the term of this Agreement, sell the Tower and/or assign the Prime Lease to an assignee other than LESSEE, such sale and/or assigmnent shall be under and subject to the terms of this Agreement and LESSEE's rights hereunder, and any assignment by the LESSOR of the portion of the Property underlying the right-of-way herein granted shall be under and subject to the right of the LESSEE in and to such right-of-way. 20. QUIET ENJOYMENT. LESSOR covenants that LES SEE, on paying the rent and performing the covenants, shall peaceably and quietly have, hold and enjoy the Premises. 21. TITLE. LESSOR represents that LESSOR has: (i) the consent of the Owner to enter into and execute this Agreement; (ii) taken all necessary action under its by-laws or other relevant documentation to approve this Agreement; and (iii) authorized its signatories to execute same. LESSOR further represents that there are no liens, judgments or other impediments affecting NY - Orient Final 10/25/04 LESSOR's leasehold interest in the Prime Lease Area, and that there are no covenants, easements, restrictions or violations that would prevent or ~mpede LESSEE s intended use of the Prim Lease Area. 22. INTEGRATION. It is agreed and understood that this Agreement contains ail agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in a writing signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not effect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement, or to exercise any of its rights under this Agreement shall not waive such rights and such Party shall be permitted to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in taw or equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be govemed, interpreted, construed, and regulated by the laws of the State of New York. 24. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred by LESSEE without the written consent of the LESSOR, which such consent will not be unreasonably withheld or delayed. This Agreement may be sold, assigned or transferred by LESSOR, without any approval or consent of LESSEE. 25. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt fi.om the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: Affordable Housing Associates, Inc. d/b/a Beacon Wireless Management 27 Oak Lane Hampton Bays, New York 11946 Attention: Vincent Cannuscio, President LESSEE: NEW YORK SMSA LIMITED PARTNERSHIP NY - Orient Final 10/25/04 c/o Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon mailing or delivehng same to a commercial courier, as permitted above. 26. DEFAULT. In the event there is a default by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LES SEE written notice of such default. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non- monetary default, provided that LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure with/n the thirty (30) day per/od and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the same within the time periods provided in this paragraph. 27. SUCCESSORS. This Agreement s~all extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto. 28. SUBORDINATION AND NON-DISTURBANCE. At LES SOR's option, this Agreement shall be subordinate to any mortgage or other security interest by LESSOR which from time to time may encumber all or part of the Prime Lease Area, the Property, or Right-of-Way; provided, however, every such mortgage or other security interest shall recognize the validity of this Agreement in the event of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement. LES SEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Prime Lease Area is encumbered by a mortgage or other security interest, the LESSOR immediately after this Agreement is executed, will obtain and furnish to LESSEE, a non-disturbance agreement for each such mortgage or other securi~ty interest in recordable form. 29. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement, which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to cormmencement of either term or rent payments. 30. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any goverrm~ental authorities regulating or imposing standards of liability or standards of conduct with regard to any envirmmaental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now NY - Orient Final 10/25/04 con~ctedin, on, orinany way relatedto thePfimeLeaseArea, unlesssuchconditionsorconcems arecausedby theactivitiesoftheLESSEE. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereaftm'be in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Prime Lease Area or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days whiten notice to LES SOR. Any suchnotice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, all rental shall abate during the period of such fire or other casualty. 32. CONDEMNATION. In the event of any condenmation of the Property, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the ?remises for losses related to the antennas, equipment, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as o fsuch te~rnination date with respect to payments due to the other under this Agreement. 33. NO BROICER. The Parties represent to each other that they have not negotiated with any broker or agent in connection with this Agreement. The Parties agree that should any claim be made against the other for a broker's commission, finders fee or the like by reason of the acts of such party, the party upon xvhose acts such claim is predicated shall indemnify_ and hold the other party fi'ee 10 NY - Orient Final 10/25/04 and harmless from all losses, costs, damages, claims, liabilities and expenses in connection therewith (including, but not limited to, reasonable legal fees) and shall defend such action by counsel reasonably acceptable to the indemnified other Party. 34. SUBMISSION. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement shall become effective only upon the full execution of this Agreement by the Parties hereto. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. The Parties warrant to each other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 35. APPLICABLE LAWS. LESSEE shall use the Premises as may be required by applicable laws, rules and regulations. LESSOR agrees to keep the Prime Lease Area in conformance with all applicable, laws, rules and regulations, and agrees to reasonably cooperate with the LESSEE regarding any compliance required by LESSEE in reSpect to its use of the Premises. 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement that require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. LESSOR'S REPRESENTATIONS. LESSOR represents and warrants to LESSEE that: (i) the Prime Lease is a valid lease, is in full force and effect, and represents the entire agreement between Owner and LESSOR; (ii) there is no existing default on the part of Owner or LESSOR in connection with any of the terms and conditions of the Prime Lease; (iii) there are no outstanding disputes between Owner and LES SOR regarding the mearting of any provision(s) of the Prime Lease, and no event has occurred which, with the passing of time or giving of notice or both, would constitute an event of default thereunder; (iv) a tree copy of the Prime Lease, including all riders and amendments thereto, is annexed hereto as Exhibit "A"; (v) the Prime Lease has not been modified, changed, altered or terminated; and (vi) LESSOR has obtained Owner's consent, as may be required pursuant to the terms and conditions of the Prime Lease, to enter into this Agreement. LESS OR aclcnowledges that the foregoing representations are a material element of this 11 NY- Orient Final 10/25/04 Agreement upon which LES SEE is relying, and that LES SEE would not enter this Agreement without such representations. 39. LESSOR'S DEFAULT UNDER THE PRIME LEASE. LESSOR covenants and agrees that: (a) LESSOR shall provide LESSEE with a copy of all notices of default that are sent by Owner to LESSOR pursuant to the Prime Lease at the address and in the manner indicated in this Agreement; and (b) LESSEE shall have the right, but not the obligation, to cure any default by LESSOR under the Prime Lease. 40. CONTINGENCY. LESSEE's obligations under this Agreement are expressly contingent upon: (i) LESSOR obtaining a building permit for the Tower within twelve (12) months following the date that this Agreement was fully executed; and (ii) LESSOR constructing the Tower such that LESSEE shall be able to install its antennas between ninety (90') feet above grade level and one hundred (100') feet above grade level. In the event any of the foregoing contingencies are not satisfied, LESSEE shall have the right to terminate this Agreement on written notice to LESSOR. 41. LESSEE'S TERMINATION RIGHT. Notwithstanding any provision to the contrary contained in this Agreement, LESSEE shall have the fight, in LESSEE's sole and absolute discretion, to terminate this Agreement at any time after the fifth (5~h) armiversary of the Commencement Date, for any or no reason, without liability, by delivering six (6) months written notice to the LESSOR. 42. REAL ESTATE TAXES. LESSEE shall pay as additional rent any documented increase in real estate taxes levied against the Property that is directly attributable to the improvements constructed by LESSEE. LESSOR shall provide to LESSEE a copy of any notice, assessment.or billing relating to real estate taxes for which LES SEE is responsible under this Lease within ninety (90) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make payment of any real estate taxes until LESSEE has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence. In the event LESSOR fails to provide LESSEE with a copy of any real estate tax notice, assessment or billing within the ninety (90) day period set forth herein, LESSEE shall be relieved of any obligation or responsibility to make payment of real estate taxes referred to in the notice, assessment or billing which was not timely delivered by LESS OR to LESSEE. LESSEE shall have the right, at its sole option, and at its sole cost and expense, to appeal, challenge or seek modification of only that portion of the real estate tax assessment or billing for which LESSEE is wholly or partly responsible for payment under this Lease which are directly attributable to the improvements constructed by LESSEE. LESSOR shall reasonably cooperate with LESSEE in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document. 43. CAPITAL CONTRIBUTION. LESSEE hereby agrees to pay to LESSOR a capital contribution in the sum or--- . I I ~,. LESSEE shall pay the capital contribution to LESSOR within three (3) months following LESSOR providing 12 NY - Orient Final 10/25/04 LESSEE withacopyofLESSOR'sce~ificateofoccupancy ~rLESSOR's hciliW. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY. I3 NY - Orient Final 10/25/04 IN WITNESSWHEREOF, thePartiesheretohaveset ~eirhandsandaffixedtheir respectivesealsthedayand yearfirstabove wfi~en. WITNESS LESSOR: AFFORDABLE HOUSING ASSOCIATES, INC. d/b/a BEACON WIRELESS MANAGEMENT Name: Vincent Cannuscio Title: President LESSEE: WITNESS NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS By: CELLCO PARTNERSHIP, its General Partner l~ar~e: David R. Heverling Title: Area Vice President Network Northeast 14 NY - Orient Final 10/25/04 Exhibit"A" 15 ORIGINAL SITE LEASE ~AGREEMENT This Site Lease Agreement is made this ~ day of ~[],{)~f~[~, ~0~/~pttrsuant to and in accordance with the Master Site Agreement (referred to herein as "MSA" or "Agreement") dat&d as]of ~bL/~ ;~ , ~0~~, between Affordable Housing Associates, Inc., a New York corporation, d/b/a Beacon Wireless Manageme~ ("Beacon"), and Nextel of New York, Inc., a Delaware corporation, d/b/a Nextel Communications (collectively "Nextel"). The parties here to this Site Lease Agreement agree that all of the terms and conditions of the MSA are incorporated herein by this reference. I. Site No./Name: NY-2573 Orient Point 2. Site Address (slxeet address and legal description - a~tached if necessary): 23300 Main Road (Route 254), Orient, NY 11957 3. Site Latitude and Longitude: 4. Contingency Date: n/a 5. Commencement Date: Construction or six (6) months from execution of Site Lease Agreement 6. Monthly Rent: Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) 7. Term (see paragraph 5 of the MSA): Five year initial term, with five (5) additional automatic five (5) year renewal terms. five (5) Site Beacon (owned): or Beacon (leased): X If leased, Term of Underlying Lease: 30 years (5 year initial term, which commenced no earlier than 15 October, 2002, with five-year renewal terms, expiring, assuming the exercise of all renewal terms, no earlier than 15, October, 2032). 9. Special Access Requirements: None. I0. Existing Mortgages, etc.: None. 11. Existing Environmental Issues: None. 12. Special Provisions: (a) Within thirty (30) business days of the date of full execution of this Agreement, Nextel shall pay Beacon a one-time fee in the amount of $35,000.00. Beacon: Nextel: Affordable Housing Associates, Inc., a New York corporation, d/b/a Beacon Wireless Managg/~nent Name: Vincent Cannuscio Title: P~ Date: *axl.D.: /1-? Z.-7 9.3d & Nextel of New York, Inc., a Delaware corporation~,~ ,,9 d/b/a Nextel Comm.~afi~s ~,//~/ By: ugen~e .~~/ ~ Name: E oel III Title: Date: Vice President - Site Development, Northeast BEACON'S CERTIFICATE OF ACKNOWLEDGMENT (Executed Within New York State) State of ~.~oo-~ ~3v'~-. ) )SS.; County of ~-~.~"t~'t'g. ) On the ~q~'3 day of~t~vOOet in the year~--~L~c_ before me,_~'~v'xe~ C.~e~ , ~e ~d~si~ed personally a~eared MX~¢ ~. ~~ , personally ~om to me or proved to me un ~e basis of safisfacto~ evidence to be ~e ~vidual(s) whose name(s) is (~e) subscribed to ~e ~t~ ins~ment and ac~owledged to me that he/she/~ey executed ~e same ~ hs~er/thek capaciW(ies), ~d ~t by ~s~effthek signa~e(s) un ~e im~ent, ~e ~vidual(s), or ~e person upon behalf of whch the individual(s) acted, executed the ~sment. J~E C. ~HEN ~ C.~L ~T~y ~BUC, ~e ~ N~ Y~ - No. 01C06117813 Sign~e ~d O~ce of individual Qu~ in S~olk ~un~ ~ng ac~owledgment ~ Commi~ ~ir~ 11/01~ BEACON'S CERTIFICATE OF ACKNOWLEDGMENT State of ) )SS.: County of. ) (Executed Outside of New York State) On the day of in the year __ before me, _, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the city of , state of Signature and Office of individual taking acknowledgment State of .) County of NEXTEL'S CERTIFICATE OF ACKNOWLEDGMENT (Executed Within New York State) On the __ day of in the year __ before me, , the undersigned, personally appeared Eugene M. Noel III, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within inslmment and acknowledged to me that he executed the same in his capacity as Sr. Director - Site Development~ Northeast Region, and that by his signa~vxe on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgment NEXTEL'S CERTIFICATE OF ACKNOWLEDGMENT (Executed Outside of New York State) State of~~ ) county o,/,rt z ,ss.:/ Onthe ~'~:J~ dayo~/v~ intheyear ~Tt~beforeme, ~7~,[/]~ -- ,theundersigned, personally appeared Eugene M. Noel/I~I, personally known to ~ae- or proved to me on the~ basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature(s) on the instrument, the individual, or the person upon behalf of which the individual acted, executed the ins~~ that such Signature and Office l~f individual taking acknowledgment individual made. t such aopearan¢.c before the undersigned in the City of , State of EXHIBIT 1 DESCRIPTION OF LAND to the Site Lease Agreement dated ~ ~ , ;2~ by and between Affordable Housing Associates, Inc., a New York. corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as NexteL The Land is described and/or depicted as follows: A WRITTEN DESCRIPTION OF THE LAND WILL BE PRESENTED HERE OR ATTACHED HERETO Town of Southold, County of Suffolk, State of New York, Commonly known as 23300 Main Road (Route 25), Orient, NY 11957-1102. Section 13.8 Block 5 Lot 18 EXHIBIT 2 DESCRIPTION OF PREMISES / to the Site Lease Agreement dated~, ~,tJ~ by and between Affordable Housing Associates, Inc., a New York corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. The Premises are described and/or depicted as follows: A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Notes: 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback fi.om the Property's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The Actual types, numbers, mounting positions and locations may vary from what is shown above. 5. The location of any utility easement is illustrative only. The actual location will be determined by the servicing utility company in compliance with all local laws and regnlations. NEXTEL COr~IUN I CAT IONS p.~4 EXISTING 4--GANG METER BOARD & 01SC0NNECT EXISTING ELECTRICAL. TRANS. AND VAULT EXISTING 14'X24' AT&T/ClNGULAR LEASE AREA EXISTINC TELCO CABINET EXISTING 12' ACCESS GATES~ NEXTEL UNDERC~OUND P OV~r.R AND TELCO CONOUIT~ -PROPOSED NEXlEL 12'X16' GEN~AT~ t 2'X20' E~IPMENT SH~R ~ PROPOSED N~L HVAC UNIT. ~ OF ~ EXISTING 60'X60' COMPOUND LEASE EXIS~NG 6' BLACK ~N~%COMPOUND F~CE j,~SECTOR ~SEClOR ANTENNA PLAN SCALE: 1/2'=1'--0"' . PROPOSED NEXTEL OVERHEAD COAX CABLE BRIDGE PROPOSED NEXTEL GPS ANTENNAS TYP -- d~ROPOSED NEX'tEL II LEASE AREA 15' X -- PROPOSED NEXTEL GENERATOR PLUG 18'X32' AREA RF: ."~'- ~ I CPM: J L~ I TOTAL NUMBER OF SECTORS: 3 ANTENNAS PER SECTOR: 2 TOTAL NUMBER OF ANTENNAS: 6 COAX CABLES PER SECTOR: 4 TOTAL COAX CABLES: 12 iNUMBER OF GPS UNITS: 3 TOTAL SQUARE FOOTAGE OF' LEASED EQUIPMENT SPACE: 576 SF Q SITE PLAN o 8' ,~' 32 SCALE: Vf~',T-O' ~mml~mmmm~ SCALE: :1/16"= NEXTEL OF NEW YORK, Inc dbo: NEX~L COMMUNICA~ONS 1 NOR~ BROADWAY Cj J ~IIE PLAINS. N.Y. 10601 (91~) 42~- 2SO0 NY-2573 ~ P~T / 4.8'llerbet Musciano ' ~chit¢cm~ers J In R ~.'~R$10NS y j~ _' LE1 OF 2 D5:22 NE>iTEL ~IORTIONS P.~5 120'+TO TOP OF TOWER& , , ~ ORIENT FIRE DISTRICT 9'-6' NOMINAL TOP DIA~ ~ ) / DIPOLE ARRAY TO BE EXTERNA_L~.Y . ~ ~' MOUNTED 1.61 Se. FT. AREA. 2.5 ,,,:I:TO~ ~ ~ DIA AT&T~CINGULAR ANIEN.NAS ~ ~ ~ FUTUR~r AN~l~NNAS ~ m~----~/--12'-6' VHF VERllCAL V~rfIP ........ n ~n~. ]~ ./--STANDARD NU00 DISH PORT IMTH FIR.IS.CT ANTENNAS '~_,_..~~ WHIP ANTENNA. 180 DEG ~ ' '~ OF 2 .ER ~CTO. S~A~ED, /- 3 ~'~:CTORS, TOTAL 6 ANTENNAS ~ GNATUR~' 8LOCK I RF: PROPOSEO NE-xTEL ,,,-,, CPS ANTENNA ~, MOUNTED TO \ SHELTER TYP OF .3 \ FUTURE ANTENNAS EXISTING 120' HIGH STEAL31~ MONOPOL[ EAST ELEVATION SCALE: 1/1~' · t~ TOTAL NUMBER OF ~CTORS: 3 ANT~:NNAS PER SECTOR: 2 TOTAL NUMBER OF AN~P. NNAS: B E.X. ISTING---~ COAX CABLES PER SECTOR: · 6'-0 HIGH\ TOTAL COAX CABLES: 12 CHAIN LINK N~MI~ OF GPS UNITS: .~ FENCE TOTAL SQUARE FOOTAGE OF LEASED EQUIPMENT SPACE: 576 SIr k~c EYJSllNG ~O~--~0 NEXTEL 12~X~6' irOUNDATION GENERATOR AREA ~ ,~,--,--- Archtt~cts/Flamiem \\ ~PJ~3P-O,.~'D N[~XTEL COAX CABLES PROPOSED NEXTEL--~ ~N~L .o~ ~- REVISIONS 1[18~4 NEXTIFL OF NEW YORK, dbo: NEXTEL COMMUNICATIONS 1 NORTH BROADWAY wHITE PLAINS. N.Y. 10601 (914) 421--2800 NY-2573 23380 t,d,M,I I~OAD Ol~d~, NY 11~57 TOTAL p. O5 EXHIBIT 3 ! to the Site Lease Agreement dated~jt/ ,(~1 , .~ by and between Affordable corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. Housing Associates, Inc., a New York THE MEMORANDUM OF AGREEMENT WILL BE PRESENTED HERE OR ATTACHED HERETO RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Nextel of New York, Inc. One North Broadway, 11'~ Floor White Plains, NY 10601 ATTN: Property management MEMORANDUM OF AGREEMENT NY-2573 Orient Point Property Address: 23300 Main Road (Route 25), Orient, NY 11957 This MEMORANDUM OF AGREEMENT is entered into on this ~ day of ~fl~(glY[ 200 ~", by Affordable Housing Associates, Inc., a New York co~poration, d/b/a Beacon Wireless, with an address at 27 Oak ~Lane, Hampton Bays, NY 11946 (hereinafter referred to as "Beacon") and Nextel of New York, Inc., a Delaware corporation, d/b~ Nextel Communications, with an address at One North Broadway, 11t~ Floor, White Plains, NY 10601 (hereinafter referred to as "Nextel"). 1. Owner and Nextel entered into a Site Lease Agreement ( SLA ) on the ~ day of .... ,,,.,,v~,~ 2003~_, for the purpose of Nextel undertaking certain Investigations and Tests and, upon £mding the Property appropriate, for, ~e purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set fo/~h in the Agreement. 2. The term of Nextel's tenancy under the SLA is for five (5) years commencing on the commencement of commercial operation of the Nextel Facilities or eighteen (18) months following the date of full execution, whichever £trst occurs ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being licensed to Nextel and all necessary access and utility easements (the "Premises") are set forth in the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year fnrst written above. Beacon: Nextel: By: NOT FOR EXECUTION - EXHIBIT ONLY By: Name: Name: Title: Title: Date: Date: NOT FOR EXECUTION - EXI-IIRIT ONLY STATE OF COUNTY OF On , before me, _, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instxument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF COUNTY OF On ., before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his author/zed capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public (SEAL) My commission expires: EXHIBIT 4 PRIME LEASE to the Site Lease Agreement dated ~/~ ~-~ , ~0(~, by and between Affordable Housing Associates, Inc., a New York corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. A COPY OF THE PRIME LEASE IS ATTACHED HERETO COMMUNICATIONS SITE LEASE AGREEMENT This COMMUNICATIONS SITE LEASE AGREEMENT ("Agreement") is entered - te"' into this ~.~ day of ~ 2002 ("Effective va j, by Affordable Housing Associates, Inc., a New York corporation, d/b/a Beacon Wireless Management ("BEACON" or "Tenant") and The Orient Fire District, duly constituted Fire District under the Laws of the State of New York and existing in the Town of Southold, County of Suffolk, State of New York ("Owner" or "Landlord"). For One Dollar ($%00) paid to Owner, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. ~ Owner owns real property ("Property") located in the Town of Southold, County of Suffolk, State of New York, commonly known as 23300 Main Road (Route 25). (SCTM#: 1000-018-5-13.8) The Property is more particularly described in Exhibit "A" annexed hereto. Subject to the provisions of Paragraph 2 below (Effective Date/Due Diligence Period), Owner Landlord hereby leases to Beacon and Beacon leases from Owner approximately Four-Thousand (4,000) square feet of the Property and all access and utility easements necessary or desirable therefor ("Premises"), as may be generally described in the survey annexed hereto as Exhibit "B.~ 2. l~ffective Date / Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph ~ below ("Due Diligence Period~), Beacon shall be permitted to enter the Property for the limited purposes of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Beacon may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Beacon determines, during the Due Diligence Period, that the Premises are not appropriate for Beacon's intended use, Beacon shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time prior to the Term Commencement Date. Owner and Beacon expressly acknowledge and agree that Beacon's access to the Property during this Due Diligence Period shall be solely for · the limited purpose of performing the Investigations and Tests, and that Beacon shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Land (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. Beacon agrees that should during the due diligence period the property or premises be disturbed, that it will at its own -1- expense reasonably restore same to the condition in existence on the effective date of this agreement 3. Term. The term of Beacon's tenancy hereunder shall commence upon commercial operation of the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (15) months following the Effective Date, whichever first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term Commencement Date (the · 'Term'') unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew prior to commencement of the succeeding Renewal Term. 4. ~ In consideration for the leasing of the subject l~.operty described herein, Tenant shall pay to Landlord, as full compensation following the Term Commencement Date and monthly for the full term that this lease is in effect, fifty percent (50%) of gross rents received by Tenant from third-party customers ("Rent"). If, and only so long as Tenant retains four (4) or more third-party customers, then tenant shall pay to the Landlord, as full compensation sixty percent (60%) of gross rents received by the ,, . ........ ...... ,..,,, ..... . ~'~from third-party customers ( Rent )..Rent ~nall De taavao~e .................. ,,,, o ,,,, ~;zz~t ~,a','~, ,:-~,~; :;;' :c;',; r,~ t;'c,c:. ~.'.:~ i;ai',;' c,~,c,~.,c;; on the first day of each month followine ~'~ Term Commencement Date. Seven vears after the Term Commencement Date ~. kJ. Landlord's share of rental income shall be sixty percent (60%) of the gro~s rents regardless of the number of third-party customers. If and when Landlord takes title to the Tenant Facility under an option contained herein, then Tenant shall pay to the landlord, as full compensation sixty percent (60%) of the gross rents regardless of the number of third-party customers. For the purposes of this paragraph "Gross rents" is defined as monies received from Customers for the right to use any and all portions of improvements (exclusive of additional charges which Customers may incur including, but not limited to, insurance, utility charges, architectural and engineering charges, legal fees, taxes and tax surcharges). Tenant shall provide Landlord with copies of signed contract between Tenant and Customers pertaining to improvements. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Landlord at: Orient Fire District 23330 Main Road (Route 25) Orient, NY 11957-1102 Attention: All of Tenant's monetary obligations set forth in this Agreement are conditioned upon -2- N~--08--2004 10:~9 PM :ON 6317285546 P.05 Tenant's receipt of an accurate and executed W-9 Form from Landlord. 5. Use. From and after the Term Commencement Date, the Tenant may use the Premises for any lawful activity in connection with the provision of communications services, including but not limited to equipment shelter, cabinet, antennas, cables and mounts, Digital Electronic Messaging Service (DEMS), Enhanced Specialized Mobile Radio (ESMR), General Wireless Communications Service (GWCS), Interactive Video Distribution ~ervice (IVD$), Local Microwave Distribution Service (LMD$), Multipoint Microwave Distribution Service (MMDS), Personal Communication Service (PCS), Wireless Communication Service (WCS), Cellular, Broadband PCS, Narr°wband PCS. Tenant shall have the ongoing right to perform such Investigations and Tests as Tenant may deem necessary or desirable. Landlord agrees to cooperate with Tenant, at Tenant's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 6. Facilities: Utilities: Access. (a) Tenant has the right to construct, erect, replace; remove, operate and upgrade on the Premises communications facilities, including without limitation an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, a standby power generator and generator pad and supporting equipment and structures therefor ("Tenant Facilities'). In connection therewith, Tenant has the right to do ali work necessary to prepare, maintain and alter the premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Beacon shall submit copies of the site plan and specifications to the Landlord for prior appr~l,, which approval will not be unreasonabl.y, withheld or onditioned. Landlo~l~ ~,ve such approval or provide Beacon with its requ, ests for ~...... hanges within {iv-e~'flx°t~n (15) business days of Landlord's receipt of Beacon s plans/ A~/~ It Landlord does not provide such approval or request for changes within such ~ ~.t~. fifteen (15) business day period, Landlord shall be deemed to have approved the plans. Landlord shall not be entitled to receive any additional consideration in exchange for giving its approval of Beacon's plans. Tenant shall hold title to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property and are not fixtures except as otherwise stated in this agreement. Tenant has the right at its sole expense, subject to Landlord's option to purchase, to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property, but is not required to remove any foundation more than one (1) foot below grade -3- level (b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by servicing utility. Improvements shall be constructed and installed in compliance with ail municipal codes (building department, planning and zoning, among others), with ~Tenant responsible for obtaining electrical service directl.y from the s, ervice ut. ility~,~,~,.~ m any, including the installation of separate meters and mmn breakers where requima. --~'~~ shall obtain separate underground utility service and meter(s) from any utility company that will provide service to the Premises. Landlord agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Tenant or to the servicing utility, company at no cost to the Tenant, of an easement in, over, across or through the Property as required by such servicing utility company to provide utility services as provided herein. Landlord agrees to cooperate fully with the Tenant in obtaining, at Tenant's exvense, any and all avt~rovals, licenses and vermits reouired for Tenant's use of the site. All utility service to the subject property shall be underground. Tenant, its employees, agents or contractors shall not washout any trucks including but not limited to cement trucks at or about the subject property. (c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord twenty-four (24) hours a day, seven (7) days a week, at no charge. Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, as may be generally described in Exhibit "B'. Tenant, Tenant's employees, agents and contractors shall not have access to the currently existin~ structures (i.e. fire house and storaee facilitv~ without the consent of the Landlord. All tenant parking shall be restricted to the area so designated on Exhibit "B'. (d) Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadwav, at its sole exvense, excevt for any damage caused by Tenant's use of such roadways which will be repaired by Tenant. Notwithstanding the foreeoine, Tenant may construct an access road to the Premises (~Access Road~) subject to Landlord's approval, across the Property as may be more fully described in Exhibit "B', if Tenant reasonably determines such Access Road is necessary for Tenants ingress to and egress from the Premises. Tenant shall be responsible for maintaining and repairing such Access Road until the expiration or earlier termination of this Agreement, at its sole expense, less reasonable wear and tear or loss caused by casualty or other cause beyond Tenant#s control. Landlord shall be responsible for any damages to the Access Road caused by Landlord's, of Landlord's agents', employees', licensees', invitees' or contractors', use of the Access Road, and shall be responsible for maintaining and repairing the Access Road from and after the expiration or earlier termination of this Agreement, which costs shall be Landlord's sole responsibility. 7. Interference. (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission {"FCC'5 reouirements and in a manner that will not cause interference to Landlord, Orient Fire District, or other lessees or licensees of the Property, provided that any such installations predate ti~at of the Tenant Facilities or such installations that are vart of the communication system used bv Southold Town Police, Suffolk County Police and the Suffolk County Fire, ai-.d Rescue and Emergency Services. Tenant, Landlord and its licensees will cooperate in resolvin~ interference arisin~ from future installations of communication systems used by Southold Town Police, Suffolk County Police and the Suffolk County Fire,-fmd Rescue and Emergency Services. I (b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference, in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 8. Taxes. The Orient Fire District is a real property exempt entity. If personal property taxes are assessed. Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities, including La~,d|c, td ~l-,ail ~a)' all real property taxes, assessments deferred taxes on the premises t~ bu~ i-~a): ~l~t~,,~,, ~ic, ..... j, i ..... a$~. ~.i-~ ~I ........ :-- - ' ...... ' ............. Real resultin~r from the construction of the Tenant Facilities will be borne by, b~lable to and payable by the Tenant, 9. Waiver of Landlord's Lien. (a) Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement -5- including promissory notes and financial and ~ecurity agreements for the financing of the Tenant Facilities (the "Collateral") which a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. ~ This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that the Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice; or (ii) by Tenant for any reason or for no reason during the Due Diligence Period, provided Tenant delivers written notice of earlv termination to Landlord prior to the Term Commencement Date; or (iii) by Tenant if it or its subtenant does not obtain or maintain any license, permit or other approval necessary for the construction and operation of the Tenant Facilities; or (iv) by Tenant if Tenant in unable to occupy and utilize the premises due to an action of the FCC, including without limitation, a take back of channels or chan~e in freauencies: or (vi bv Tenant if any governmental environmental report or such other report acceptable to the Landlord of the Provertv reveals the nresence of hazardous material, provided Landlord does not immediately remedy same; (vi) by Tenant if Tenant determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; or (vii) by Tenant if the Landlord fails to deliver to Tenant an executed memorandum of agreement or non-disturbance and attornment agreement pursuant to Paragraphs 19(g) and (h) below. 1% Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of .condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of rent paid by subtermnt on tt~e"~F'~h~: Premises. 12.-'Insurance. On the effective date of this agreement, Tenant, a t Tenant's sole cost and -6- ~--08--2~84 10:4~ PM expense, shall procure and maintain on the Premises and on the Tenant Facilities, bodily injury and property damage insurance with a combined single limit of at least Two Million and 00/100 Dollars ($2,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Tenant, its employees and agents arising out of or in connection with Tenant's use of the Premises, all as provided for herein. Landlord, at Landlord's sole cost and expense, shall procure and maintain on the land and its real property located thereon, bodily injury and property damage insurance with a combined single limit of at least Two Million and 00/00 Dollars ($2,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connection with Landlord's use, occupancy and maintenance of th land and Landlord's property located thereon. Each party shall be named as an additional insured on the other's policy. Each party shall provide to the. other a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days following the Effective Date. 1,~. Waiver of Subro_~ation. Landlord and Tenant release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Property or the Premises or to the Tenant Facilities or any other property thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Landlord not Tenant shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Liabili .fy and Inden'mi .ty. Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all claims losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising &om the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party's agents, employees or contractors in or about the Property. The duties described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. .~./ 15. A~;signm~nt and Subletting. Tenant..ma. y assign this Agreement, or sublet or licens~-'-- flt~_ the Premi;es or any portion thereof, onlyw~th the consent of the Landlord ~;-i Jo,', ~,,a,,, ~,~ ~,~_~ .~.~ be ,,, a'ca~c,,,abl): ',;'~tl-,l' ,eld, which shall be evidenced by written notice thereof to Landlord''''~'''~ ~/,~ within a reasonable period of time thereafter. Upon assignment, Tenant shall be relieved ~t:jo of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment ma)~ be evidenced by written notice to Tenant within a -7- Po88 reasonable period of time thereafter, provided that the assignee a~umes all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Landlcrrd's Lien") above. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Warranty of Title and Outer En!oyment. Landlord warrants that Landlord: (i) is seized of good and sufficient title and interest to the Property, (ii) has full authority to enter into and execute this agreement, (iii) and has taken all necessary action under its laws, by-laws or other relevant documentation to approve this agreement, and has authorized the signatories to execute same. Landlord further represents that there are no liens, judgments or other impediments that affect Landlord's title to the Property, and that there are no covenants, easements, restrictions or violations that would prevent or impede Tenant's intended use of the Property. Landlord further represents that the Property is not designated a landmark or located in a landmark district, and has never been used or permitted to be used for the generation, storage or transfer of any pollutants or hazardous or toxic substances, materials or wastes (collectively, the "Hazardous Materials"), and has never been on any list of any governmental authority requiring clean-up or closure because of contamination by any Hazardous Materials. Landlord covenants and agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises, provided that Tenant is not in default hereunder after notice and expiration of all cure periods. 17. .R.~pairs. Tenant shall repair'any damage to the Premises or Property caused by~ r. cgli~a .... vz ',;411,'~l ~.,i~c~,,Ld~d cd Tenant. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Tenant shall restore the Premises to substantially the condition in which it existed upon start of construction, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. (a) Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now of at any time hereafter be in effect, that are now or were related to that party's activity conducted in, or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at its sole cost and expense, (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property or activities conducted by the party thereon, unless the environmental conditions are caused by the other party. (C) The indenmifications of this Paragraph 10 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph 10 will survive the expiration or termination of this Agreement. lt. Option After Tenant has recovered all costs associated with the construction of Tenant ~ Facility or seven years after the Term Commencement Date, it shall offer to sell to the_. "~,~ Landlord for Ten Dollars ($10.00) said facilities. Vpor, tl-.a t~a~,s~'ai ol tklc ol ~ald p~-oi:,,ajq~...~--- ae;'cc~,a;~t. '~' .... ~' ....... ' .... ' ~ cha~ f th T nt Facili~ by Mndl d shall not affect Tenor's rights to receive ren~ as a~eed to herein. 20. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) Both parties represent and warrant that their use of the Property and their real and personal property located thereon is in compliance with all applicable, valid and enforceable statues, laws, ordinances, and regulations of any competent government authority. (c) If any provision of this Agreement is invalid or unenforceable with respect to -9- any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested or reliable overnight courier to the address of the respective parties set forth below: Landlord: Tenant: Orient Fire District Z333~ Main Road (Route 25~ Orient, NY 11957-1102 Att-n: Phone: Beacon Wireless Management 27 Oak Lane Hampton Bays, NY 11946 Phone: (631) 484-5445 With Copy to: With a Copy to: Edward Boyd, Esq. P.O. Box 1468 $outhold, NY 11971 Reilly & Reilly, LLP 146 Old Country Road, Ste. 106 Mineola, New York 11501 Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (f) This Agreement shall be governed by the laws of theState of New York. (g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit "C' and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the county where the Property is located. (h) In the event that Property is encumbered by a mortgage or deed of trust, Landlord agrees to obtain and deliver to Tenant an executed non-disturbance and attornment instrument for each such mortgage or deed of trust in a form reasonably acceptable to both parties. -i0- 6~17285546 (i) Landlord agrees to fully cooperate, including executing necessary documentation, with Tenant to obtain information and documentation clearing any outstanding title issues that could adversely affect Tenant's interest in the Premises created by this Agreement. (j) In any case where the approval or consent of one party hereto is required, requested or otherwise be give under this Agreement, such party shall not unreasonably delay, condition or withhold its approval or consent. (k) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Agreement. (1) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Agreement. (m) Ail Riders and Exhibits annexed hereto form material parts of this Agreement. (n) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. IN WITNF_SS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. Landlord: ,Board of Commissioners for Ori ' istrict Martin Trent, Chairman Ro~rt Hicks, Commissioner Llo~'~alin, Commissioner Tenant: Beacon Wireless Management Vincent Cannuscio, President Afforda. ble Housing Associates, Inc. d/b/a Beacon Wireless · Management -11- 6~17285546 Joseph ~/ysocki, Corn~sioner STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the day of , in the year 2002, before me personally appeared MARTIN TRENT, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) SS'. COUNTY OF SUFFOLK ) On the \~'~ day of ~.~c-ro~s~ , in the year 2002, before me personally appeared ROBERT HICKS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted~ executed the instrument. Notary Public tDWARD .L~,. ' ', "': ~'~.'~ Notary Public ;.,~a' , 02BU0J; ,.,~.: ..... Ceramist, ion L,~pares Aplil 30, 2003 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the ~'B. day of C)c.,e~o~ , in the year :2002, Before me personally appeared LLOYD KALIN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they e×ecuted the same in their capacity(les), and that by his/her/their signature(s) on the. instrument, the individual(s). or the person upon behalf of which the individual(s) a. ctel~, executed the instrument. Notary Public STATE OF NEW YORK ) EDWARD JOHH ~OVO 5th ) ss: Nmry Public ~t~te.,,,. :el New Yorlt ~B, O0~;Ti~,".2~, >....R County COUNTY OF SUFFOLK ) comms;.~,, ~-,oir=~ ^,., 30, 2003 Onthe ~'~' dayof O;-~-,,~e-- , in the year 2002, before me personally appeared GARY TABOR, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(les), and that by his/her/theiz signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the \~"~ day of Notary Public EDWARD JOHN ~OYD 5th Notary Public State of New York 02B00376~2~ Su!f,31k County Comrnissio~ Explre~ April 30, 2003 , in the year 2002, before me personally appeared JOSEPH WYSOCKI. personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted/executed the instrument. -13- Notary Public EDWARD JOHN llOYD 5th Not~ry Publi: Stat~ of N~w York 02BC~S7[';i2. ~...:: .1~ County Commi:;ion Expiraa April 20, 2003 STATE OF NEW YORK COUNTY OF SLr~OLK On the ~ day of ~c-r,,s~ , in the year 2002, before me personally appeared VINCENT CANNUSCIO, personally known to me or proved to me on the basis · i of satisfactory evidence to be the individual(s) whose name(s) is (are) subscr bed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted; executed the instrument. Notary Public EDWAP, D .IO1.114 IIOYI:) 5th Hotau Public State of Flew Yol'k 02BOO~76~Z$ $'-'11-~1k County Commission Expires April 30, 2003 PAVEMENT EXHIBIT 5 RF ENGINEERING to the Site Lease Agreement dated .... by and between Affordable Housing Associates, Inc., a New York corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. LICENSOR FREQUENCIES: setup: alpha face: beta face: gamma face: LICENSOR'S TENANT FREQUENCIES: set~p: alpha face: beta face: gamma face: LICENSEE'S FREQUENCIES: setup: alpha face: beta face: gamma face: OTHER KNOWN FREQUENCIES ON PROPERTY: QSAgreemcnts~lew York Market~lew York~'qY-2500 Ihrough NY-2999hNY-2573hNY-2573 SLA.doc 7 EXHIBIT 6 OWNER'S CONSENT to the Site Lease Agreement dated ..... by and between Affordable Housing Associates, Inc., a New York corporation, as Beacon, and Nextel of New York, Inc., a Delaware corporation, as Nextel. A COPY OF THE OWNER'S CONSENT IS ATTACHED HERETO Pursuant to Paragraph 15 of the Prime Lease, Beacon has obtained Owner's consent, which is attached hereto. Q:~Agreements~New York Market~qew York~NY-2500 through NY-2999\NY-2573\NY-2573 SLA.doc 8 N.Y. STRUCTURE LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement"), dnt,~ ~ of the d~te below, is emered into by Affordable Housing Associates, Inc. d/b/a Beacon Wireless Management, a New York Corpora~on, having a mailin~ address of P.O. Box 303, 27 Oak Lane, Hampton Bays, New York 11946 Oaereinat~ refezred to as "Landlord") and Cellular Telephone Company d/b/a AT&T Wireless, having a mailing address of 2729 Prospect Park Drive, Rancho Cordova, CA 95670 Cller~inafter referred to as "Tenant"). BACKGROUND Whereas, Affordable Housing Associates, Inc., d/b/a Beacon Wireless Management and The Orient Fire District ("Prime Landlord") is the owner of property having a street address of 23300 Main Road (Route 25), located in the Town of Sonthhold, County of Suffolk, State of New York, and hereafter referred to as the "Property." The Property is more fully described on Exhibit A attached hereto and made a part of this Agreement. Whereas, Landlord entered into that certain Lease with Prime Landlord dot,-d October 15, 2002 (the "Prime Lease") whereby Prime Landlord leased 4,000 square feet of the praperW to Landlord. Landlord des/res to lease to Tenant a portion of that certain pwperty, together with all fights and privileges arising in connection therewith, located at 23300 Main Road (Route 25),/n the County of Suffolk, State of New York, Suffolk County Tax Map Number District 1000-Scetion 018-Block 5-Lot 13.8, (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications b,,niness. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance w/th th/s Agreement The parties agree as follows: 1. LEASE OF PREMISES. Landlord leases to Tenant porous of the Property consisting of (a) a room/cabinet/ground area space of approximately Four Hundred Forty Eight (448) square feet; and (b) space on the structure together with such easements as are nceessaty for the antenna.~ and initial installation as described on attached F~xhibit 1 (collectively, the "Premises"). 2. PERMITTED USE. Tenant may use the Premises for the transmission and recq~on of communications si_~nnl~ aud ~ installatiou, cor~Wffuction, maintellance, operation, rspair, replacement and upgrade of its coammmcafious fixtures and related equipment, with a limit of twelve (12) 7/8"cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any ot~r items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"), as well as the right to test, survey and review title on thc Property; Tenant further has the fight to add, modify and/or replace eqmpment in order to he in compl/ance with any current or futu~ federal, state or local mandated appllcat/on, ineludinE, but not 1/mited to, emergency 911 communication services, at no a&i/tional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facil/ty that may be conceptually described on Ezhlhit 1 will not be deemed to lim/t Tenanfs Perm/ttad Use. If i~'.zhlbit I includes drawings of the in/rial ins~allat/on of the Communication Facil/ty, Landlord s execamon of this Agreemeat will s~n,fy Landlord s appwval of Ezh,b/t 1. Tenant has the right to/nstall and operate transmission cables fiuai the equipment shelter or cabinet to the antenn.xn, electric lines fium the main feed to the equipment shelter or cabinet and commun/cat/on lines from the ma/n entry point to the equipment sheRer or cabinet, and to make Property improvements, alterations, upgrades or additions appropriate for Tenant's usc ('Tenant Chan~es"). Ten*~t Changes include the right to construct a fence around thc Premises and undertake any other appropriate means to secure thc Premises. Tenant agrees to comply with afl applicable governmental laws, ~les, statates aod regu{ations, reb~tlng to its use of tho Commmlicatioll Facility oll the Property. Temmat has thc right to modify, supplement, replace, upgrade, ~ the ~quipmont, increase the number of an~,~ or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to tbe Property in order to accomplish Tmant's Changes or to insure that Tenant's Communication Facility complies with all applicable f~deral, state or local laws, niles or mgulatioas. 3. TERlVL (a) The initial lmse term will be five (5) years ("Initial Term"), commencing upon the Commencement Dat~, as defined below. TI~ Initial Term will terminate on the last day of the momh in which the fifth (5*) annual anniversary of the Commencement Date occurs. (b) This Agreement will automatically renew for five (5) additional five (5) y~ar term(s) (each five (5) year term shall be defined as the "Extension Term"), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's retention not to renew this Agreement at least sixty (60) days prior to the expiration ofth~ existing Term. (c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreemmt then Tenant will be &~med to be occupying the P~adses on a month to month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, th~ Extension Term and the Holdover Term am collectively referred to as the Term ("Term"). 4. RENT. (a) Commencing upon the earlier of (i) smty (60) days of Landlord's corepl~tion of tho legal construction of Landlord's mom)pole, or (ii) on the an_to that Tenant commei~es construction (the "Commoneemont Date"), Tenant will pay the Landlord a monthly rental payment of Two Thousand Five Hundred Dollars ($2,500.00), ("Rent"), at the address set forth above, on or before the f~h (5*) day of ~tc, h calendar month in advance. Rem will be prorated for any partial month. The initial Rent payment will be forwarded by Tenant to Landlord within thirty (30) days after the Commencement Date. (b) In year two (2) of t~ Initial Term, and each year there, after, mchiding thronghout any Extension Terms ~ercisod, the mo~y ~t will increase by three percent (3%) over the Rent paid during the previous year. (c) Tenant V~ pay its pro-rata share of expenses recurred by Landlord in connection with Landlord's efforts to obtain local zoni.ng ;approvals and building permits d/rootdy attributable to the Communication Facility upon presentation of sufficient and proper documeam~on. The ~regoing is only applicable so long as the Landlord chooses the law firm of Monley, M~ade Nielsen & R6 or if Landlord employs the services of Te~mt's other approved land uso attorney to secure the necessary govemmental approvals for the Communications Facility, such approval shall not be unreasonably withheld or delayed by Tenant. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Permitted Use and Tenant's ability to obtain all govermnental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variaac~, zoning ordinances, amendments, spceial use peroli~, and construction portnits (collectively, the "Governmont Approvals"). Landlord authorizes Tenant to prepare, execute and file all required applications to obtai~ Government Approvals for Tenant's Permitted Use undor this ~ and agrees to reasonably assist Tenant with such applications. In addition, Tenant shall have the tight to initiat~ the ordering and/or scheduling of neceesa~y utilities. (b) Tenant has the right to obtain a title report or commianmt for a leasehold title policy from a title inmaranco company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. In the event T~.m determines, in its sole discrctiou, due to the title re'port results or sun~ey results, that ~ condition of thc Premises is unsatisfactory, Tenant will have the right to t~nninate this Agreement upon notice to Landlord. (c) Tenant may also p~°orm and obtain, at Tenant's solc cost and expense, soft boring, percolation necessary to dctermme if tbe Tenant's us~ of thc Prem~s will be compatible with Tenant's en_oinee~ spoci~cafions, system, design, operations or Government Approvals. 6. TERMINATION. This Agrcement may bet~rminated, without panalty or further liability, as follows: (a) by eitber pan'y on thirty (30) days prior writ~n notice, ff the other party re~nains in &fmult under P~h 15 Default and R/ght to Cure of fl~s Agrcemem after the appl/cable cur~ periods; CO) by T~nant upon wriRan not/ce to Landlord, if Tenant is unable to ~ or maintain, any r~qu/r~ approval(s) or the issuance of a lic~se or permit by any agency, board, court or other gov~u~ntal anthorit~ necessary for the cons~uct/on or operation of the Commumcafion Fac/lity as now and hereafter intanded by Tenant; or if Tenet determ/nes in its sole discrct/on that the cost of obtaininE or r~ininE th~ sa/p.e is co.mere/ally ~nablc; or (c) bY Tcmmt on sixty (60) days prior va'itlen noficc for any reason, so long as Tenant pays Iandlord a fee will be payable on accoum of the termination of this Agreement by Tcanm under any one or more of Paragraphs 5(b) Approvals, 6(a) Tcrmlnnti~n, 6Co) Tcnpin~6on, $ Intcrferance, Il(d) Environmental, 15 Sevembility, 19 Condemnation or 20 Casualty of this Agrecmcm. 7. INSURANCE. T~mmt will carry during thc T~n, at its own cost and expend, the following insurance: (i) "All Pdsk' property insuranc~ for its property's r~placemcnt cost; (ii) commercial g~ral liabilit~ insurance with a winimum limit of liability of $2,500,000 combined single limit for bodily injmy or death/property damag~ arising out of any one occurr~c~; and (iii) Workers' Compeazation Insurance az required by law. It is ~ and agn~d that tbe covcragc afforded by Tenant's commercial general liability iasuma~ also applies to Landlord as an additional insured, but only with respcet to Landlord's liability arising out of its interest in die Property. 8. INTERFERENCE. (a) Where there are exi~n~ radio frequency user(s) on the Propc~y, th~ Landlord will provide Tenant with a list of all exi..-~in~ radio frequency user(s) on tbe Proporty to allow Tenant to cvaluate the potential for interference. Tenant warmms that its usc of thc Premises will not interfere with existing radio frequency user(s) on thc Property so disclosed by Landlord as long as thc exis6ng radio frequency user(s) operate and continue to operate within their respective fi~quencies and in accordance with all applicable laws and regulations. Co) Landlord will not grm~ after the tlnte of this Agreement, a lease, license or any other right to any third party for the use of the Propmty, if such use may in any way adversely af~ct or ~ wi~ Tenant's Commumca~on Facility. Landlord will notif~ Tenant in writing prior to gmating any third party the righ~ to install and operate communications equipraem on the Property. Nothin2 comained herein will restrict Tenant nor its successors and assigm from installing and modifying its commumcatious equipment. (c) Landlord will not use, nor will Landlord permit its employees, tenants, lice~sces, invitees or agents to use, any portion of ~he Property in any way which interferes with the open~i~ms of T~Ant or thc rights of Tenant under this Agreement. Landlord will cause such interference to cease ~ tv~c~ty-fonr (24) hours after receipt of notice of ~ce from Tenant. In the eve~ any such interference does not cease within the aforementioned cur~ period then the parties acknowledge tint Tenant will suffer irr~arablc injury, and therefore, Tenant will have the right, in addition to any other rights thai i~ may have at law or in equity, for Landlord's breach of this Asreeme~ to ¢lec~ to enjoin such interfv~uco or to term/nme ~ Agreement upon notice to Landlord. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, dc~-end and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claimz in rc~p~ ofthe foregoing), costs or expenses (includi%o reasonable attomcys' f~s and court costs) arising directly from the in~fllafiolg use, ra.qintellance, repair or re. oval of the Comm~mication Facility or Tenant's breach of any provision of this Agreeme~ ~xeept to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or indepeade~t contractors. (b) Landlord agrees to indemnify, defend and hold Tennnt harmless fi~m and ~L~ain~ ally alld all injRry, loss, damage or liability (or any claims in respgct of the foregoing), co~ts or expens~ (includin~ reasonable at~nl~s' fees and court costs) arising directly f~m the actions or failure to a~t of Landlord or its employees or agmts, or Landlord's breach of any provision of this Agreement, except to the extent amibutable to the negligent or ~onal act or omission of Tenam, its employees, agents or independent conUactors. (c) Notwithsla~din~ anythin~ to the contra~ in this Agng~g~ Tenant and Landlord each waives any ~[aims ~ each may have ~,ain~ tho other with reh'pe~t to ~rllsequelltial, incidl~tal or special damages. 10. WARRANTIES. (a) Tonant and Landlord each acknowkdg~ and repres~ that it is duly organiz~l, validly existing and in good staadin~ and has the fight, powor and authority to e~te~ into this Agreemeat and bind itself hereto through th~ party set forth as sj~n~tory for the party below. (b) Landlord represents and warrants that: (i) Prime Landlord solely owns the Property as a legal lot in fee simple, or controls tho Property and structure by lease or license; (ii) the Property is not encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grams to Tenant sole, at. al, quiet and peaoefifl use, enjoyment and possession of the Premises; (iv) Landlord's execution and performance of this Agreement will not violnt¢ any laws, ordinances, covenants or fire provisions of any mortgage, lease or other agreement bi~din~ on the Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mo~ge or other security imerest, Landlord will use best efforts to provide promptly to Tenant a mutually agreeable Subordination, Non-Disturbance and Attornment 11. ENVIRONMENTAL. (a) Landlord represents and wammts that the Property is f~ee of hnT~ntOUS substances as of the aa~ of this Agreement, and, to the best of Landlord's knowledge, the Property has never been subject to any conta~i~atlon or h~,~rdous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Teaant agree that each will be responsible for compliance with any and all em4romne~tal and industrial hygiene laws, including any re, clarions, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene eonditioa or other ro~a~._~ as may now or at any time hereaRer be in effeeg that are now or were related to that pazty's activity conducted in, or ~ the Property. (b) Landlord and Tenant agre~ to hold harmless and ind~mni~ the other fi'om, and to ~ssume all duties, responsibilities and liabilities at lhe sole cost and expense of the mdenmifying party for, payment of penalties, sanctioos, forfeitures, losses, costs, or damages, and for respor~din~ to any affdon, notice, Claim, order, sun. nons, citation, ~ve, litigation, inve~.~i~nfioo or proceeding whidl is rolat~l to (i) the in&..~i~ing pm-ty's failure to comply with any e~viromnental or indusUiai hygiene law, including without Fmlitafion any ~egulafions, guidelines, standaids or policies of any governmental authorities l~gulating or imposing standards of liability or standm~ of conduct wi~ regaxd to any environmental or industrial hygiene conditions or matters as may now or hereafl~ be in effa~t, or (ii) any eavironme~z~al or industrial hygiene conditions that arise out of or are in any way related ~o the conditieo of the Property ami activities conducted by the party theroon, unless the eavironmental conditiom are caused by the other party. (¢) The inde~nificafioos of this Paragraph 11 Environmental Sl~Cifically include reasonable costs, expemes and fees incurr~ in connection with any investi~tion of Property conditions or any clean-up, remodiatioo, removal or restoration work required by any governmental authority, The provisions of this Paragraph 11 (d) In the evem T~mut I~comes aware of any I~rdous ma~riaJls on th~ Properly, or an), environmental or industrial hygieae condition or m~er relating to the Property that, in Te~mt's sole determiner/on, renders the condition of thc Premises or Proper~ unsuitable for T~nt's use, or if Te~nt believes that the leasin~ or contino~d lessing of the Premises would expose T~i~.ut to undue risks of govemme~ action, intervention or third-party liability, Tc~mt will have the right, in addition to any other rights it may have at law or in equity, to termin~t~ the ~ upon llotice to Lallrllord. 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Te~at, Teaant and its employees, agems, and subcontractors, will have twenty-font (24) hour per day, seven (7) day per week pedestrian and vehicular access to and over the Property, from an open and improved public road to the Premises, for thc insml!~on, maintenance and operation of the Communication Facility and any utilities serving the Premises and Landlord grams to Testat an essememt for such access. Upon Te~mt's request, Landlord will execute a separate recordable easement evidencing this right. In the event any public utility is unable to use the access or easement provided to Tenant then the Landlord agrees to grant additional access or an easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to T~nant. 13. REMOVAL/RESTORATION. All portians ofthe Communication Facility bronght onto the Property by Tenant will be and remain Teoant's personal property and, at Tenant's option, may be removed by Ten~n~ at any time during tho Term. Landlord covenants and asrees that no pa~ of the Communication Facility constructed, erected or placed on the Promises by Tenant will become, or be considered as being afl, ed to or a part of~ the Property, it being the specific intent/on of tho Landlord that aH improvements of every ~ and n~h,~re conslruct~ eretf/ed or placed by Tc~mt on the Pmnises w/Il be and remain thc property of the Tenant and may be removed by Te~n* at any time during the Term. Notw/thstandin~ the foregoing, at the earlier of the cxp/ration or termination of th/s Agrccmc~ Tenant will not be responsible for thc replacement of any trees, shrubs, or other vcgctat/on, nor w/Il Tmn~ be requ/red to rcmove from the Prem/ses or the Property any foundations, underground utilities, or any part of the Commun/cafion Facility. 14. _MAINTENANCE/UTILITW.~ (a) Tenant w/Il kseP and maintain the Prcm/ses in gcod cond/tion, reasonable wear and tear and damage ~om thc clements cxcci~d. Landlord will maintain and repair thc Property and access thereto, in good and tenantable conaition, subject to reasonablc wear and tear and damage from thc elements. (b) Tenant will be responsible for pay/ng on a monthly or quarterly basis all util/ties charges for clcctr/city, telephone service or any other utility used or consumed by Tenant on thc Premises. In thc cvc~t Tenant cannot secure/ts owa metered clectr/cal supply, Tenant will have the right, at/ts own cost and expense, to submcter from tile Landlord. When submetering/s necessary and ay'all,hie, Landlord will read thc meter on a momhly or quarterly basis and pro,de Tenant w/th the necessary usage daf_ in a timely manner to enable Tenant to compute such utility charges. Failure by Landlord to perform this function will I/mit utility fcc recovery by Landlord to a 12- month per/od. Landlord will fully cooperate ~ any util/ty company requesting an eascment ova, under and across the Property in order for the utility company to providu service to thc Tenant. Landlord w/II not be responsible for interference with, /ntcrruption of or failure, beyond the reasonable control of Landlord, of such services to be rum/shed or supplied by Landlord. 15. OEFAULT AND RIGHT TO CURE (a) The following vdll be deemed a d~ault by Tenant and a breach of ~ Agreement: (i) non-payment of Rem if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such ~ to pay; or (ii) Tenant's ' five (45) days failure to perform any other term or condition under fliis Agreement within forty- prosecuted to completion with reasonable diligence. Delay in coring a default will be excused ffdue to causes beyond tha reasonable control of Tenant ffTenant mmai.* in default beyond any applicable cure period, Landlord will have the right to ex~reis~ any and all rights and r~medles avnilable to it und~ law and equ~,. Co) The following will be deemed a default by Landlord and a breach of this Agrcem~nt. Landlord's failure to perform any ~m~, condition or breach of any warranty or covenant undor this Agr~ment within forty-five (45) days after receipt of written notice fi'om Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has comment, ed to cum the default within such period and provided such ~forts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excosed if duc to causes beyond thc reasonable comrol of Landlord. If Landlord remains in default beyond any applicable onre period, Tenant will have thc right to excroisc any and all rights awilahle to it under law and equity, mclu&nE thc right to core I ~-dlord's default and to deduct thc costs of such cure from any monies duc to Landlord by Tenant. 16. ASSIGNMENT/SUBLEASI~., Tenant will have thc right to assign this Agrenmem or sublease the Premises and its rights berfin, in whole or in part, without Landlord's con.~nt. Upon notification to Landlord of such assignment. Tenant will be reheved of ali foturo performance, liabilities and obligations under this Agre~mm~t. 17. NOTICES. All notices, requests, demands and communications bereundet will be given by lust class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective wh~ proporly sent and received, refused or returned undelivcred. Notices will be addressed to thc parties as follows: ffto Tenant: AT&T Wireless Atm.: Lease Administration Re: AWS Cell Site #: LI-735; Cell Site Name: Orient Point 2729 Prospect Park Drive Rancho Cordova, CA 95670 with a copy to: AT&T Wireless Re: AWS Cell Site #: LI-735 Cell Site Name: Orient Point 15 East Midland Avenue Paramus, NJ 07652 If to Landlord: Affordable Housing Associates, Inc. d/b/a Beacon Wireless Manage~nent P.O. Box 303 27 Oak Lane Hampton Bays, New York 11946 Either party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided ho-em. 18. SEVERABILITY. If any term or condition of this Agresment is found unenforceable, the re~nalnlng terms and conditions will remain bi~ding upon thc parties as though said unenforceable provision were not contained heroin. However, if th~ invalid, illegal or unenforceable provision materially affects this Agreement then thc Agreement may be t~ainated by ¢ithor party on ten (10) business days prior written notice to the other pa_,x'y bert~o. 19. COND~ In the ~vent Landlord receives notification of any condemnation proc~ti,? affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority ~ all of the Property, or a portion sufficient, in Tenant's reasonable determination, to reax~ the Premises unsuitable for Tenant, this Agroement will terminate as of the d_~to the title vests in the condemnin~ authority. The parties will each be entitled to pursue their own separate awards in thc cendc~rmatieo proceeds, whicl~ for Tenant will include, where applicable, the value of its Comm!mication Facility, moving expemes, prepaid Rent, and business d/slocation expense, provi&d ~hat any award to Tenant will not dlmininh Laildlord's rccov~y. Tenam w/Il be caiiiled to reimbursement for any prepaid Rent on a prorata basis. 20. CASUALTY. Landlord will provide notice to Tenant of any casualty affec~g ~ ~ ~ ~. eight (48) hours of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualt~ so as to render thc Premises unsuitable, in Tenant's sole deter'on, then Tenant may terminate tiffs Agreement by providinE written notice to thc Landlord, which termination will be effective as of the a~,~ of such damage or destruction. Upon such termln~,tlon, T~mmt will be ~tifled to collo~t all insur, mce proc~xls payable to Tenm~ on account thereof and to be reimbursed for any prepaid R~nt on a pror~a basis. 21. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all li~m fights it may have, ~r~ory or otherwise, concernin~ thc Communication Facility or any portion ther~f. The Commumcatioa Facility .~h~!l be deemed personal property for p~ of this Agreemeat, re~xdle~s of wl~th~r any portion is deemed ~ or personal property under applicable law, and Landlord conscnts to Tenant's right to remove all or any portion of thc Communicalion Facility from ~ to thnc in Tenant's sole discretion and without Landlord's consent. 22. MISCELLANEOUS. (a) Ameadment/$V~Jver. This Agreement cannot be amended, modified or r~vised units dom~ in writing and signed by an authorized agent of the Landlord and an authoriz~l agent of the T~nt. No provision may be waived c'xcept in a wr:iting signed by both parties. (b) Memor~dum/Short Form Le~e. Either party will, at any time upon fifteen (15) business days prior written notice ~om the other, execute, acknowledge and deliver to the other a rocordable Memorandum or Short Form of Lease. Either party may record this Memorandum or Short Form of Lease at any time, in its absolute discretion. (¢) Bind ~md l~lefit. The terms and conditions comained in tiffs Agreement will nm with the Propexty and bind and inure to the benefit of th~ parties, their respective heirs, executors, a~4m{nJ~Ta~Ol~, KIl~/~.qors a~ assigns. (d) Entire A~reement. This Agreement and the exhibits ~'a~¢hed hereW, all being a part hereo/~ consl/tute the entire agreement of the parties herff/o and will supersede ali prior offers, negotiations and agreements with respect to the subject matter of this Agreement. (¢) Governing L~w. This Agreement will be governed by the laws of the state in which the Premise~ are located, without regard to conflicts of law. (fi Interpretation. Unless otherwise specked, the following rules of construction and interpr~taticm apply: (i) captions are for convenience and reference only and in no way define or l/m/t thc construction of thc terms and conalt/oos hereo~, (ii) use of the teim 'incluainE" will be mterprctixi to mcan "including but not limited to*; (/fi) whenever a party's consent is required u~r this Agrecm~ ~xccpt as otherwise stated in thc Agrccm~ or as same may be dupl/calive, such consent w/ll not be unreasonably w/thh¢ld, cond/tioned or delayed; (iv) cxh/bits are an ~ part of the Agn~ment and arc incorporated by reference into this Agreement; (v) usc of the terms °'terwi~fion*' or "cxp/rat/on*' arc interchangeable; and (vi) reference to a default will take into consideration any applicable notice, grace and cure I~riods. (g) Estoppel. Eiflicr party will, at any time upon twenty (20) business days prior written notice from thc other, execute, acknowledge and deliver to thc other a ~t_~cnt in writln~ (i) ccrfifyin8 that th/s Agreement is unmodified and/n full force and effect (or, if mod/fled, stating thc nature of such modification and ccrti_a//n8 this Agreement, as so modified, is in full force and effect) and thc date to which thc Rent and other charges ate paid in advance, if any, and (ii) acknowledging flint there arc not, to such party's knowlcdsc, any uncumt defaults on the part of thc other party hercimdcr, or spcc/f~lg such defaults if any are claimed. Any such ~ may be conclusively relied upon by any prospective purchaser or e~cumbrancer of lhe Premix. Thc requested party's fa/lure to deliver such a ~ _~__,~n~ w/thin such time will be conclusively relied upon by the ~qucsthlg party that (i) c~,w:~z~uthis Agreement /s in full force and effect, without modification except as may be properly ~presented by ~ requesting party, (ii) ther~ arc no uncured dcfaulte in either party's performance, and (iii) no more than one month's Rent has bcen paid m advance. · ~) No Ele~'tronic Signatures/No Option. The submission of this Agreemcot to any party for ~-~nat~on or consideration docs not constitute an off~r, res~twation of or option for thc Premis~ based on the terms sc't fi~rth hc~n. This ~ will become effcetiv¢ a~ a bi~lin~ Agreement only upon the handwritten lega/ execution, acknowledgment and delivery hereof by Landlord and Tenant~ 23. TAXES. Tenant will pay all P~rsonal property taxes assessed on, or any portion of such taxe~ ~b~le the CommumcaUon Facility upon preseota~on of sufficient and proper docur~mation. [SIGNATURES APPEAR ON THE NEXT PAGE.] IN WITNESS WHEREOF, the parties have caused this Agre~nent to be effective as of the last d~t~ written below. WITNESSES: Print Name: "LANDLORD" AFFORDABLE HOUSING ASSOCIATES, INC. D/B/A BEACON WIRELESS MANAGEMENT Print Name: Vinci)hr Canjmscio Its: President I / / Print Narae: "TENANT" CELLULAR TELEPHONE COMPANY D/B/A AT&T WITLESS By: Its: Sy~el~m~ ~er [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE.] TENANT ACKNOWLEDGMENT COUNTY OF __ ~' a~a~~nal!Y known to mo or provod to mo on the basis of aatiafa~my ., . ,~.[o,.,oc ~ mas~aual(s) whose name(s) is (arc) subscribed to thc within instrument and acknowledf~d to me ma~. ne/sne,~ey ~x~uted the same in his/her/their capacity(ics), and that by his/her/their sio-~t,,_ ,,~()s on tl~tl~ - instrument, Ibc individual(s) or the person upon be, half of which tl~ individual(s) acC.~d, ex~utcd fl~c instnm~m My Commission Ex'pm: LANDLORD ACKNOWLEDGMENT LAWRENCE C. RE' Notary Public, State of New York No, 52-4799684 Q~alified in Suffolk Courav Commission Expires May 31',~I.I.I.I.I.I.I.I.I~'~'-- On tl~2~lay of~c in the yearned before me~ the undcrsigncd, a notary public in and for said personally ap~ personally known to me or provcd to me on the basis of satisfactory ~vidcncc to bc thc individual(s) whose name(s) is (arc) subscribed to the within instnuncnt and acknowledged to me ~mt hedshedthcy executed the same in his/her/their capacity(ies), and that by his/her/their s/?amre(s) on the mstnuneat, the individual(s) or the person upon behalf of which the individual(s) acted, ex~cuted the insa'un-~nt. My Commi~i~.~i~: EXHIBIT A Property Description 23300 Main Road (Route 25), Orient Point, New York Suffolk County Tax Map: District-1000 Section-018 Block -5 Lot-13.8 BEGINNING at the intersection of the southerly line of Main Road with the easterly line of Tabor Road alld omning along said southerly line of Mare Road, north 80 degn~ 10 minutes east 228.0 feet; THENCE along land of Forreim two courses (1) south 9 degrees 50 minutes east 150.0 feet; THENCE (2) north 80 degrees 10 minuets East 91.47 feet; THENCE along land of Gloria South 21 degrees 41 mimlte~ ~ 5.43 feet; THENCE continuing along land of Gloria and along land of Wemikowski, north 78 degrees 02 minutes 40 seconds east 120.38 feet to a monument and land of William Y. Terry, Jr., THENCE along land of Oriem C~h~l C~aetery two courses: (1) South 82 degrees 42 minutes 20 seconds west 519. I0 feet to the easterly line of Tabor Road; THENCE along said line of Tabor Toad two courses (1) north 0 degn~ 59 minutes 30 secoods west 652.77 feet; THENCE (2) north 5 degrees 00 minutes 30 seconds west 116.75 feet to the point or place of BEGINNING. EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 4 ~.~v~200~, by and between Affordable Homing Associates, Inc. d/b/a Beacon Wireless M~agement, a New York corporation, as Landlord, and Celhdar Telephone Company d/b/a AT&T Wireless, a New York general parlnership, as Tenant. The Property is described and/or depicted as follows: A 448 squaxe foot section of land located within 23300 Main Road (Route 25), Orient Point, New York Suffolk County Tax Map: District-1000 Section-018 Block-5 Lot-13.8 3. F_.XRmlT 1 Page 2 of 4 (eY omms)-/ / I:"t ~C'/~CAL TRANSFORME~ AND 4~//~¥ AZ'TA~H~D _l ~HIBIT 1 Page 3 of 4 GR~c s~CJU~ 0 10 · ~11BIT 1 Page 4 o£4 ANTENNA ORI£NATION NO .~ ^ws#L 7 5 23300 MAIN ROAD ORIE~ POI~, ~ 11957 MEMORANDUM OF LEASE Preoared by: .,Return to: AT&T Wireless .,'2?'7.4/: A_-,~-~: ,/~-~..~'...'~'.-~7~,,~'~.,'/ Cell S_____~e No.:LI-73~5 [FOLLOWS ON NEXT PAGE] Stat~:Now York County: StflYolk MEMORANDUM OF LEASE This M~norandum of Lease is ~ into on this~V~'day of.,_'.'~,/~',~," ,200/~, by and between Affordable Housing Associates, Inc. d/b/a Beacon Wireless Manag~mc~t, a New York corporation, having a mailing address of P.O. Box 303, 27 Oak Lane, Hampton Bays, New York 11946 (herein~er referred to as '*Landlord") and C~tlul~r T~l~'phone Company dfo/a AT&T Wireless, a New York ge~ral parmership, having a mailing address of 2729 Prospect Park Drive, Rancho Cordova, CA 95670 (hereinaf~r referred to as "Tenant"). Landlord and Tenant e~ter~d into a certain Lease Agreement ("Agreement'~) on the o~ day of r fff~r~t o~( ,200~/, for thc purpos~ of iustallin_o, operating and lnlint~ini~g a communications t~cility and other improvements. All of thc fi~regoing are set forth in the Agr~n~nt. Thc term of thc Agreement is ~r an Initial Term of five (5) years commencing on the a,t~ that Tenan~ commences constructioez and ending on thc last day of thc month in which the filth (5th) anniversary of the Commencement Date occurs, with five (5) successive automatic five (5) year options to renew. 3. The portion of the land being leased to Tenant (the "Premiss'~) is described in Exhibit A and F.~hlbit 1 annexed hereto. 4. The Agrec~ncnt shall be bindins upon and inure to thc benc~ of thc parties and their respectivc heirs, successors, and assigns, subject to the provisions of thc Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and yea~ first above written. WITNESSES: Print Narae: Print Nmne: "LANDLORD" AFFORDABLE HOUSING ASSOCIATES, INCj D/B/A BEACON WIRELESS MANAGEMENT By: Prim Name: Vincent Cann~cio Its: President / Print Name: "TENANT" CELLULAR TELEPE )NE COMPANY D/B/A AT&T WH~ SS Phnt Name~s~h S~ ~ Its: System D~m~ ~Aana~ .~ TENANT ACKNOWLEDGMENT My Commi~sio~ Ex:pir~: LANDLORD ACKNOWLEDGMENT LAWRENCE C. RE' Notary Public, State of New York No. 52.-4799664 ~on I:xpires May 31 y ,~i~,cu · v.~ pcrsonafly lmown to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (arc) subscribed to thc within instrument and acknowledged to me .that he/she/they executed thc same in his/her/their capacity(ic~), and that by his/ha/their si?-turc(s) on thc instrument, thc individual(s) o~ thc person upon behalf'of which thc indMdual(s) acted, cx~utcd thc instrument. Notaz7 Pt~c~ __ My Commission Expires: EXHIBIT A Property Description 23300 Main Road (Route 25), Orient Point, New York Suffolk County Tax Map: Distri~t-1000 Section-018 Bloak-5 Lot-13.8 BEGINNING at the intersection of the so, body linc of Main Road with the easterly line of Tabor Road and runnin~ along said southerly line of Main Road, north 80 degrees 10 minutes east 228.0 feet; THENCE along land of Fcrreira two courses (1) south 9 degrees 50 minutes east 150.0 feet; THL~NCE (2) north 80 dogre~s 10 mmueecs East 91.47 feet; THENCE along land of Gloria South 21 degrees 41 minutes east 5.43 feet; THENCE coutmmng along land of Gloria and along land of Wernikowski, north 78 east 120.38 fe~t to a monum~t and land of William y. Ton'y, Jr., dogroos 02 minutes 40 seconds THENCE along land of Ori~-nt Contral Cemet/ery two courses: (2) South 82 dsgre~s 42 minutes 20 seconds west 519.10 fe~ to the east~ly ~ of Tabor Roud; THENCE along said linc of Tabor Toad two courses (1) north 0 degrees 59 minutes 30 seconds west 652.77 fix:t; THENCE (2) no~h 5 degrees 00 ' minutes 30 seconds west 116.75 feet to the point or place of BEGINNING. EXHIBIT 1 EXHIBIT A Propea-ty Description 23300 Main Road (Ront~ 25), Orient Point, N~v York Suffolk County Tax Map: District-1000 Section-(} 18 Block-5 Lot-13.8 BEGINNING at the intersection of thc southerly line of Main Road with the easterly line of Tabor Road and renning along said southerly line of Main Road, north 80 {E-gre~ 10 minutes ~ 228.0 feet; THENCE along land of Forreira two courses (1) south 9 d~grecs 50 minutes east 150.0 fe~t; THENCE (2) north 80 ~ 10 minuets East 91.47 f~t; THENCE along land of Gloria South 21 degrees 41 minutes east 5.43 feet; THENCE continning along land of Gloria and along land of Wcmikowski, north 78 dsg~es 02 minu~ 40 seconds east 120.38 feet to a monuraent and land of William Y. Terry, Jr., THENCE along land of Oriant C~ntral Ceme~ry two courses: (2) South 82 degreea 42 minllt~ 20 soi::ond$ west 519.10 fe~°t to the easterly line of Tabor Road; THENCE along said line of Tabor Toad two cour$~ (1) north 0 ~ 59 minutes 30 seconds west 652.77 foot; THENCE (2) north 5 degrees 00 minutes 30 seconds west 116.75 feet to the point or place of BEGINNING. EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 4 to the Agree~e~at dated ..-~,va~,,~.ff ,:,Y-~?200 ,~by and ~ ~ Ho~ ~, ~. ~/a ~ W~l~s Ma~ a N~ York ~ ~ ~o~ ~d CeH~ Tel~ho~ C~p~y ~/a AT&T Wffol~s, a N~ Yo~ g~e~ p~p, ~ T~m. ~ ~ ~ d~ ~or ~i~ ~ ~Hows: A ~8 ~u~ ~ ~on ofl~ 1~ ~ 233~ ~ R~ (~u~ 25), ~ Po~ N~ S~& Co~ T~p: ~-1~0 S~on~ 18 Bl~k-5 ~-13.8 Y2GIIB IT I Page 2 of 4 AT&T AW$ # LI-735 23300 MAIN ROAD ORIENT POINT, NY 11957 EXHIBIT 1 Page 3 of 4 /- I EXHIBIT 1 Page 4 of 4 ANTENNA ORIENATION NO SC~.E AT&T AWS 23300 MAIN ROAD ORIENT POINT, NY 11957 To: AT&T Wireless Services, Inc. Wireless Asset Management 3140 Gold Camp Drive - Suite 30 Rancho Cordova, CA 95670 2004 From: Kristie Korean 15 East Midland Ave, 5t~ FI Paramus, NJ 07652 Subj: LI-735 (GMNYNY.CE03L735) Date: January 30, 2004 Enclosed please find the 3 original lease documents, W-9, TP-584, Lease Calculator Form, Landlord contact form and DS 1 Form for the above referenced site. Any questions, please call me at (201) 576-2641 Thanks! Kristie Enclosure COMMUNICATIONS SITE LEASE AGREEMENT This COMMUNICATIONS SITE LEASE AGREEMENT ("Agreement") is entered into this \d~ day of (-~¢,,~ot. , 2002 ("Effective Date"), by Affordable Housing Associates, Inc., a New York corporation, d/b/a Beacon Wireless Management ("BEACON" or "Tenant") and The Orient Fire District, duly constituted Fire District under the Laws of the State of New York and existing in the Town of Southold, County of Suffolk, State of New York ("Owner" or "Landlord"). For One Dollar ($1.00) paid to Owner, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns real property ("Property") located in the Town of Southold, County of Suffolk, State of New York, commonly known as 23300 Main Road (Route 25). (SCTM#: 1000-018-5-13.8) The Property is more particularly described in Exhibit "A" annexed hereto. Subject to the provisions of Paragraph 2 below (Effective Date/Due Diligence Period), Owner Landlord hereby leases to Beacon and Beacon leases from Owner approximately Four-Thousand (4,000) square feet of the Property and all access and utility easements necessary or desirable therefor ("Premises"), as may be generally described in the survey annexed hereto as Exhibit "B." 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 3 below ("Due Diligence Period"), Beacon shall be permitted to enter the Property for the limited purposes of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Beacon may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Beacon determines, during the Due Diligence Period, that the Premises are not appropriate for Beacon's intended use, Beacon shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time prior to the Term Commencement Date. Owner and Beacon expressly acknowledge and agree that Beacon's access to the Property during this Due Diligence Period shall be solely for - the limited purpose of performing the Investigations and Tests, and that Beacon shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or controI of any portion of the Land (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. Beacon agrees that should during the due diligence period the property or premises be disturbed, that it will at its own -1- expense reasonably restore same to the condition in existence on the effective date of this agreement 3. Term. The term of Beacon's tenancy hereunder shall commence upon commercial operation of the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the Effective Date, whichever first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term Commencement Date (the "Term") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew prior to commencement of the succeeding Renewal Term. 4. Rent. In consideration for the leasing of the subject Property described herein, Tenant shall pay to Landlord, as full compensation following the Term Commencement Date and monthly for the full term that this lease is in effect, fifty percent (50%) of gross rents received by Tenant from third-party customers ("Rent"). If, and only so long as Tenant retains four (4) or more third-party customers, then tenant shall pay to the Landlord,as full percent (60%) of rents received by the compensati,,o,n si.x,~y gross rom third-party customers ( Rent ). Rent shall be navable-~-ithin seven (7; daw of ~ecei f i;avn-~nts bv t~i-,ant fron-~ tl-&'d pai-tv custoiT~e! o on the first dav of each month followin~ ' the Term Commencement Date. Seven vears after the Term Commencement Date ~'7~. Landlord's share of rental income shall be sixty percent (60%) of the gross rents regardless of the number of third-party customers. If and when Landlord takes title to the Tenant Facility under an option contained herein, then Tenant shall pay to the landlord, as full compensation sixty percent (60 %) of the gross rents regardless of the number of third-party customers. For the purposes of this paragraph"Gross rents' is defined as monies received from Customers for the right to use any and ali portions of improvements (exclusive of additional charges which Customers may incur including, but not limited to, insurance, utility charges, architectural and engineering charges, legal fees, taxes and tax surcharges). Tenant shall provide Landlord with copies of signed contract between Tenant and Customers pertaining to improvements. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Landlord at: Orient Fire District 23330 Main Road (Route 25) Orient, NY 11957-1102 Attention: Ail of Tenant's monetary obligations set forth in this Agreement are conditioned upon -2- 'Tenant's receipt of an accurate and executed W-9 Form from Landlord. 5. Use. From and after the Term Commencement Date, the Tenant may use the Premises for any lawful activity in connection with the provision of communications services, including but not limited to equipment shelter, cabinet, antennas, cables and mounts, Digital Electronic Messaging Service (DEMS), Enhanced Specialized Mobile Radio (ESMR), General Wireless Communications Service (GWCS), Interactive Video Distribution Service (IVDS), Local Microwave Distribution Service (LMDS), Multipoint Microwave Distribution Service (MMDS), Personal Communication Service (PCS), Wireless Communication Service (WCS), Cellular, Broadband PCS, Narrowband PCS. Tenant shall have the ongoing right to perform such Investigations and Tests as Tenant may deem necessary or desirable. Landlord agrees to cooperate with Tenant, at Tenant's expense, in making application for and obtaining all licenses, permits and any and ail other necessary approvals that may be required for Tenant's intended use of the Premises. 6. Facilities; Utilities; Access. (a) Tenant has the right to construct, erect, replace, remove, operate and upgrade on the Premises communications facilities, including without limitation an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, a standby power generator and generator pad and supporting equipment and structures therefor ("Tenant Facilities"). In connection therewith, Tenant has the right to do all work necessary to prepare, maintain and alter the premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Beacon shall submit copies of the site plan and specifications to the Landlord for prior approval, which approval will not be unreasonably withheld or onditioned. Landlo *~l>~T1) eive such approval or vrovide Beacon with its reouests for hanges within five~ "~een (15) business days of Landlord's receipt of Beacon's plans/'"~ If Landlord does not provide such approval or request for changes within such ~ fifteen (15) business day period, Landlord shall be deemed to have approved the plans. Landlord shall not be entitled to receive any additional consideration in exchange for giving its approval of Beacon's plans. Tenant shall hold title to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property and are not fixtures except as otherwise stated in this agreement. Tenant has the right at its sole expense, subject to Landlord's option to purchase, to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property, but is not required to remove any foundation more than one (1) foot below grade -3- level. (b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by servicing utility. Improvements shall be constructed and installed in compliance with all municipal codes (building department, planning and zoning, among others), with r'"~mt'thetXtoptttya~, shall obtain separate underground utility service and meter(s) from any utility company that will provide service to the Premises. Landlord agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Tenant or to the servicing utility company at no cost to the Tenant, of an easement in, over, across or through the Property as required by such servicing utility company to provide utility services as provided herein. Landlord agrees to cooperate fully with the Tenant in obtaining, at Tenant's exvense, any and all avvrovals, licenses and vermits reouired for Tenant's use of the site. All utility service to the subject property shall be underground. Tenant, its employees, agents or contractors shall not washout any trucks including but not limited to cement trucks at or about the subject property. (c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord twenty-four (24) hours a day, seven (7) days a week, at no charge. Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, as may be generally described in Exhibit "B". Tenant, Tenant's employees, agents and contractors shall not have access to the currently existin~ structures (i.e. fire house and storage facilitv~ without the consent of the Landlord. All tenant parking shall be restricted to the area so designated on Exhibit "B'. (d) Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadwav, at its sole exvense, excevt for any damage caused by Tenant's use of such roadways which will be repaired by Tenant. Notwithstanding the fore¢oina. Tenant mav construct an access road to the Premises ("Access Road") subject to Landlord's approval, across the Property as may be more fully described in Exhibit "B', if Tenant reasonably determines such Access Road is necessary for Tenants ingress to and egress from the Premises. Tenant shall be responsible for maintaining and repairing such Access Road until the expiration or earlier termination of this Agreement, at its sole expense, less reasonable wear and tear or loss caused by casualty or other cause beyond Tenant's control. Landlord shall be responsible for any damages to the Access Road -4- caused by Landlord's, of Landlord's agents', employees', licensees', invitees' or contractors', use of the Access Road, and shall be responsible for maintaining and repairing the Access Road from and after the expiration or earlier termination of this Agreement, which costs shall be Landlord's sole responsibility. 7. Interference. (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC% reouirements and in a manner that will not cause interference to Landlord, Orient Fire District, or other lessees or licensees of the Property, provided that any such installations predate that of the Tenant Facilities or such instalIations that are hart of the communication system used bv Southold Town Police, Suffolk County Police and the Suffolk Count}, Fire, and Rescue and Emergency Services. Tenant, Landlord and its licensees will cooperate in resolvint interference arisin~ from future installations of communication systems used by Southold Town Police, Suffolk County Police and the Suffolk Count}, Fire, and Rescue and Emergency Services. I (b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to cause interference with Tenant's operations. In tile event interference occurs, Landlord agrees to use best efforts to eliminate such interference, in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 8. Taxes. The Orient Fire District is a real property exempt entity. If personal property taxes are assessed. Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities, including Landlord sl-~all pay all real property taxes, assessments arid'~-" ~'~ deferred taxes on the premises tart~-cey ,axes ,.,ua ~o ,enan~ ,:acin~ie$ ~o ...............~: .... :~ ' ....... ' ................... Real estate taxes resultint from tile construction of the Tenant Facilities will be borne by, billable to and payable by the Tenant. 9. Waiver of Landlord's Lien. (a) Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement -5- including promissory notes and financial and security agreements for the financing of the Tenant Facilities (the "Collateral") which a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that the Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice; or (ii) by Tenant for any reason or for no reason during the Due Diligence Period, provided Tenant delivers written notice of earlv termination to Landlord prior to the Term Commencement Date; or (iii) by Tenant if it or its subtenant does not obtain or maintain any license, permit or other approval necessary for the construction and operation of the Tenant Facilities; or (iv) by Tenant if Tenant in unable to occupy and utilize the premises due to an action of the FCC, including without limitation, a take back of channels or chan~e in freauencies: or (vi bv Tenant if any governmental environmental report or such other report accer)table to the Landlord of the Provertv reveals the vresence of hazardous material, provided Landlord does not immediately remedy same; (vi) by Tenant if Tenant determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; or (vii) by Tenant if the Landlord fails to deliver to Tenant an executed memorandum of agreement or non-disturbance and attornment agreement pursuant to Paragraphs 19(g) and (h) below. 11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction conden'mation or transfer in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of .condemnation. If Tenant chooses not to terminate this Agreement. Rent shall be reduced or abated in proportion to the actual reduction or abatement of rent paid by subtenant on ~ Premises. 12. --Insurance. On the effective date of this agreement, Tenant, at Tenant's sole cost and -6- expense, shall procure and maintain on the Premises and on the Tenant Facilities, bodily injury and property damage insurance with a combined single limit of at least Two Millio~ and 00/100 Dollars ($2,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Tenant, its employees and agents arising out of or in connection with Tenant's use of the Premises, all as provided for herein. Landlord, at Landlord's sole cost and expense, shall procure and maintain on the land and its real property located thereon, bodily injury and property damage insurance with a combined single limit of at least Two Million and 00/00 Dollars ($2,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connection with Landlord's use, occupancy and maintenance of th land and Landlord's property located thereon. Each party shall be named as an additional insured on the other's policy. Each party shall provide to the other a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days following the Effective Date. 13. Waiver of Subrogation. Landlord and Tenant release each other and their respective principals, employees, representatives and agents, from any cIaims for damage to any person or to the Property or the Premises or to the Tenant Facilities or any other property thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Landlord not Tenant shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Liability and Indemnity. Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all claims losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party's agents, employees or contractors in or about the Property. The duties described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. · / 15. Assignment and Subletting. Tenant may assign this Agreement, or sublet or licens~ ]~,_ the Premises or any portion thereof, onlywith the consent of the Landlord which ohMI ~ 7~ ,~, a-cao,,na~,y wi~ane,~, wnxcn snail be evidenced by written notice thereof to Landlord ~t t~ within a reasonable period of time thereafter. Upon assignment, Tenant shall be relieved ~Z. td, of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment may be evidenced by written notice to Tenant within a -7- reasonable period of time thereafter, provided that the assignee assumes all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Landlord's Lien") above. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Warranty of Title and Quiet Enjoyment. Landlord warrants that Landlord: (i) is seized of good and sufficient title and interest to the Property, (ii) has full authority to enter into and execute this agreement, (iii) and has taken all necessary action under its laws, by-laws or other relevant documentation to approve this agreement , and has authorized the signatories to execute same. Landlord further represents that there are no liens, judgments or other impediments that affect Landlord's title to the Property, and that there are no covenants, easements, restrictions or violations that would prevent or impede Tenant's intended use of the Property. Landlord further represents that the Property is not designated a landmark or located in a landmark district, and has never been used or permitted to be used for the generation, storage or transfer of any pollutants or hazardous or toxic substances, materials or wastes (collectively, the "Hazardous Materials"), and has never been on any list of any governmental authority requiring clean-up or closure because of contamination by any Hazardous Materials. Landlord covenants and agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises, provided that Tenant is not in default hereunder after notice and expiration of all cure periods. Repairs. Tenant shall repair any damage to the Premises or Property caused by~'7~'~ 17. ,-,a§lig~i-,c~ ,~,- willf~l n-d$conduc~ of Tenant. Except as set forth ~n Paragraph 6(a) above" ,~ upon expiration or termination hereof, Tenant shall restore the Premises to substantially the condition in which it existed upon start of construction, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. 18. Environmental (a) Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in, or on the Property. -8- (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at its sole cost and expense, (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any wa}, related to the condition of the Property or activities conducted by the party thereon, unless the environmental conditions are caused by the other party. (C) The indemnifications of this Paragraph 10 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph 10 will survive the expiration or termination of this Agreement. 19. Option After Tenant has recovered all costs associated with the construction of Tenant ~* ...... =**~. ,, ,¢,~o,- ~,o,.~o .... ,,~ i-ne~. The purchase of the Tenant Facility by Landlord shall not affect Tenant's rights to receive rents as agreed to herein. 20. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) Both parties represent and warrant that their use of the Property and their real and personal property located thereon is in compliance with all applicable, valid and enforceable statues, laws, ordinances, and reguIations of any competent government authority. (c) If any provision of this Agreement is invalid or unenforceable with respect to -9- any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested or reliable overnight courier to the address of the respective parties set forth below: Landlord: Tenant: Orient Fire District 233300 Main Road (Route 25) Orient, NY 11957-1102 Attn: Phone: Beacon Wireless Management 27 Oak Lane Hampton Bays, NY 11946 Phone: (631) 484-5445 With Copy to: With a Copy to: Edward Boyd, Esq. P.O. Box 1468 Southold, NY 11971 Reilly & Reilly, LLP 146 Old Country Road, Ste. 106 Mineola, New York 11501 Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (f) This Agreement shall be governed by the laws of the State of New York. (g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit "C' and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the county where the Property is located. (h) In the event that Property is encumbered by a mortgage or deed of trust, Landlord agrees to obtain and deliver to Tenant an executed non-disturbance and attornment instrument for each such mortgage or deed of trust in a form reasonably acceptable to both parties. -10- (i) Landlord agrees to fully cooperate, including executing necessary documentation, with Tenant to obtain information and documentation clearing any outstanding title issues that could adversely affect Tenant's interest in the Premises created by this Agreement. (j) In any case where the approval or consent of one party hereto is required , requested or otherwise be give under this Agreement, such party shall not unreasonably delay, condition or withhold its approval or consent. (k) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Agreement. (i) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Agreement. (m) All Riders and Exhibits annexed hereto form material parts of this Agreement. (n) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. Landlord: Tenant: Board of Commissioners for The Orient Fire District Martin Trent, Chairman Robert Hicks, Commissioner Llo~I~alin, Commissioner Beacon Wireless Management Vincent Cannuscio, President Affordable Housing Associates, Inc. d/b/a Beacon Wireless Management -11- _ ~ary Tab~r, C~o~amissioner Josep~"~/ysocki, Com~sioner STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) On the day of , in the year 2002, before me personaIlv appeared MARTIN TRENT, personally known to me or proved to me on the basis df satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) On the ~' day of ~c.-foe/,¢. , in the year 2002, before me personally appeared ROBERT HICKS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Notary Public Commiss~on Lxplres April 39, 2003 -12- STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) On the \~-' day of (~)~.,co~',_. , in the year 2002, before me personally appeared LLOYD KALIN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(les), and that by his/her/their signature(s) on thej~nstrument, the individual(s), or the person upon behalf of which the individual(s!,~cte-~', executed the instrument. STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) Notary Public EDWARD JOHN BOYD 5th No'lary Public State cf New York O2.BOOYT~.~% ~!.ii~i;: County ~omm~;s~,~ L,p;:~ Apil 30. 2003 On the N 4-r~_ day of O ~_c.,,ez_ , in the year 2002, before me personally appeared GARY TABOR, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public EDWARD JOHN ROYD 5th STATE OF NEW YORK ) Notary Public State of New York ) ss: 02B00376~23 5u[folk County Commission Expires April 30, 2003 COUNTY OF SUFFOLK ) On the N~r day of ~_<o~*~C. , in the year 2002, before me personally appeared JOSEPH WYSOCKI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) actec~.executed the instrument. -13- Notary Public EDW.~RD JOHN BOYD Notary Public Statz cf New York 029t,~,37C, 2 ;: ,lk County Comm~:s~on Expires *~,,2 il 30, 2003 STATE OF NEWYORK ) ) ss: COUNTY OF SUFFOLK ) On the '~ ~<~ day of (~ c~,,.~'c , in the year 2002, before me personally appeared VINCENT CANNUSCIO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) act9d; executed the instrument. Notary Public EDWARD JOHN BOYD 5th Netary Public State of New York 02BO%763z5 St:![21k County Commission Expires April 30, 2003 -14- MAIN ROAD (~TATE: R'OAO 25) ~'~'~"~'~'~ ~-~ T Mobile ~H~SE~. SI~ NO: LI-I~7-B ~:~.4 ~7~4 ORIENT FIRE DEP~TME~ 4s%v~Y,~o~ . ~: ~13 ~ ~; P~l~Y, NJ 07~ N.T,S. 10/11/02 Tel: (973) TOW~ OF SOUTHOLD BUII~ING DKPARTMENT Office of the Build/ng Inspector Town Hall Southold, N.Y. NO Z19608 Date DECEMBER 21r 1990 THIS CERTIFIES that the building ORIENT FIREHOUSE Location of PropertF 93300 MAIN RD & 155 TABOR RD ORIENT House No. Street Hamlet County Tax Map No. 1000 Section 18 Slock 05 Lot 13.8 Subdivision Filed Map No. __Lot No. conforms substantially to the ApplicatioD for Building pezmit heretofore filed in this office dated 7/17/89 pursuant to which Building Permit No. I8340S dated 8/3/89 was issued, and conforms to all of the requirements Df the applicable provisions of the law. The occupancy for which this certificate is issued is ORIENT FIREHOUSE Th~ certificate is issued to ORIENT FIRE DISTRICT (ow,er) SCHAARDT & FULLANARCSITRCTS P.C. ASSUME RESPONSIBILIT?FOR CONSTRUCTION of the aforesaid building. SUFFOLK COUNTY DRPABTME~T OF HEALTH APPROVAL C/O 89-005 12/3/90 UNDERWRITERS CERTIFICATE NO. N151369 10/9/90 PAGE 1 & 2 TOWN OF SOUTHOLD : BUILDING DEPARTMENT COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEXTEL OF NEW YORK. INC. d/b/a NEXTEL COMMUNICATIONS 23300 Main Road Orient, New York AUTHORIZ&TION OF OWNER District 1000 Section 18.00, Block 05.00, Lot 013.008 STATE OF NEW YORK COUNTY OF SUFFOLK SS.: I am the , being duly sworn, deposes and says: of Orient Fire District, owner in fee of the premises known as Section 18, Block 5, Lot 13.8 (the "Premises" hereafter), and do hereby authorize Nextel of New York, Inc. d/b/a Nextel Communications ('Nextel' hereafter) and its representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the premises such antennas, support structures, and related equipment as Nextel may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with Nextel and its agents in obtaining any required Approvals. ORI~NT FIRE DISTRICT Sworn to before me this NOTARY PUBLIC ,2005. TOWN OF SOUTHOLD : BUILDING DEPARTMENT COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company, successor in interest to LIN CELLULAR COMMUNICATIONS (NY) LLC, successor in interest to CELLULAR TELEPHONE COMPANY 23300 Main Road Orient, New York District 1000 Section 18.00, Block 05.00, Lot 013.008 AUTHORIZATION OF OWNER STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I am the ., being duly sworn, deposes and says: of Orient Fire District, owner in fee of the premises known as Section 18, Block 5, Lot 13.8 (the "Premises" hereafter), and do hereby authorize New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, successor in interest to LIN Cellular Communications (NY) LLC, successor in interest to Cellular Telephone Company ('Cingular' hereafter), and its representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the Premises such antennas, support structures, and related equipment as Cingular may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with Cingular and its agents in obtaining any required Approvals. ORIENT FIRE DISTRICT Sworn to before me this .,~oc~, ~' , 2005. NOTARY PUBLIC EDWARD JOHN BOYD 5th Notary Public State o! flew York 02800376625 Suffolk County Commission Expires April 30, 200 TOWN OF SOUTHOLD : BUILDING DEPARTMENT COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VER/ZON WIRELESS 23300 Main Road Orient, New York District 1000 Section 18.00. Block 05.00, Lot 013.008 AUTHORIZATION OF OWNER STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I am the being duly sworn, deposes and says: of Orient Fire District, owner in fee of the premises known as Section 18, Block 5, Lot 13.8 (the "Premises" hereafl, er), and do hereby authorize New York SMSA Limited Partnership d/b/a Verizon Wireless ('Verizon' hereafter) and its representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the Premises such antennas, support structures, and related equipment as Verizon may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with Verizon and its agents in obtaining any required Approvals. ORIENT FIRE DISTRICT Sworn to before me this NOTARY PUBLIC ,2005. EDWARD JOHN llOYD 5th Notary Public State of New York 02800376625 Suffolk County Commission Expires April 30, 200~'~ 14'-16-2 (9/'95) - 7c 617.20 Appendix A State Environment Quality Review FULL ENVIRONMENT ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 [] Part3 Upon review of the information recorded on this EAF (Parts land 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. * [] C. The project may result in one more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. · A Conditioned Negative Declaration is only valid for Unlisted Actions Installation of a wireless communications facility Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Date PART 1 - PROJECT INFORMATIONI~r Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAr will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAIvI~ OF ACTION Installation of a wireless communicaitons facility LOCATION OF ACTION (include Sh'eet Address, Municipality and County) 23300 Main Road, Town of Southold, Suffolk County NAME OF APPLICANT/SPONSER BUSINESS TELEPHONE Beacon Wireless Management 631-484-5445 ADDRESS PO Box 303 CITY/PO STATE ZIP CODE Hampton Bays NY 11946 NAME OF OWNER (if different) BUSINESS TELEPHONE Orient Fire District ADDRESS 23300 Main Road CITY/PO STATE ZIP CODE Orient NY 11957 DESCRIPTION OF ACTION: The proposed action is the installation of three O) wireless providers within a stealth monopole. Providers would place their antenna equipment veritcally stacked within the interior cavity of the structure. There would be a maximum of six (6) antenna for each provider for a total of twenty-four (24) antenna. The wireless fadlifies require supporting ground-based equipment. The equipment, shel~m and monopole would be located within a :t: 4000 square foot compound enclosed by a 6-foot high chain link fence with new landscaping around the perimeter. Please complete Each Question - Indicate N.A if not applicable. A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [] Urban [] Industrial [] Commercial [] Residential (suburban) [] Forest [] Agriculture [] Other municipal 2. Total acreage of project area: * 4000 square feet Approximate Acreage Presently Meadow or Brushland (Non-agriculture) __ acres Forested __ acres Agriculture (includes orchards, cropland, pasture, etc.) __ acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) __ acres Water Surface Area __ acres Unvegetated (Rock, earth or fill) __ acres Roads, buildings and other paved surfaces __ acres Other (Indicate type) communications facility 0 acres 3. [] Rural (non-farm) After Completion acres acres acres acres acres acres acres 4000 square feet What is predominant soil type(s) on project site? HaA-Haven Ioam~ 0 to 2 percent slopes a. Soil drainage: [] Well drained 100% of site [] Moderately well drained % of site [] Poorly drained % of site b. If any agriculture land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N/A acres. (See 1 NYCRR 370) Are there bedrock outcropping on project site'? [] yes [] no a. What is the depth to bedrock? __ (In feet) 5. Approximate percentage of proposed project site with slopes: [] 0-10% 100% [] 10-15% __% [] 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places: [] Yes [] No (SHPO letter -No Adverse Effect attached) 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes [] No 8. What is the depth of thc water table? >4 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [] Yes [] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes [] No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [] Yes [] No According to __ Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [] Yes [] No Describe __ 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [] Yes [] No If yes, explain __ 14. Does the present site include scenic views known to be important to the community? [] Yes [] No 15. Streams within or contiguous to project area: __ a. Name of Stream and name of River to which it is tributary __ 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name: __ 17. Is the site served by existing public utilities? [] Yes [] No a) If Yes, does sufficient capacity exist to allow connection? [] Yes [] No b) If Yes, will improvements be necessary to allow connection? [] Yes [] No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [] Yes [] No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [] Yes [] No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes [] No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor :k.4000 square feet. b. Project acreage to be developed..:k4000 square feet initially; +4000 square feet ultimately. c. Project acreage to remain undeveloped __ acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A %; f. Number of off-street parking spaces existing N/A; proposed 0_ g. Maximum vehicular trips generated per hour 1 monthly (upon completion of project)? h. If residential:Number andtypeofhousingunits: N/A One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure 12' height; 10' width, 20' length.(standard shelter) j. Linear feet of frontage along a public thoroughfare project will occupy is? 0 ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? N/A tons/cubic yards 3. Will disturbed areas be reclaimed? [] Yes [] No [] N/A 9. 10. Number of jobs eliminated by this project O. 11. Will project require relocation of any projects or facilities? [] Yes [] No If yes, explain __ 12. Is surface liquid waste disposal involved? [] Yes [] No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount __ b. Name of water body into which effluent will be discharged __ 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain __ 15. Is project or any portion of project located in a 100 year flood plain? [] Yes 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month __ tons b. If yes, will an existing solid waste facility be used? [] Yes [] No c. If yes, give name __; location __ d. Will any waste not go into a sewage disposal system or into a sanitary landfill? e. If yes, explain __ 17. Will the project involve the disposal of solid waste? [] Yes [] No a. If yes, what is the anticipated rate of disposal? __ tons/month. b. If yes, what is the anticipated site life? __ years. 18. Will project use herbicides or pesticides? [] Yes [] No 19. Will project routinely produce orders (more than one hour per day)? [] Yes 20. Will prOJect produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s) Electrical 22. If water supply is from wells, indicate pumping capacity 0 gallons/minute. 23. Total anticipated water usage per day 0_ gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes [] No If yes, explain__ a. If yes, for what intended purpose is the site being reclaimed? __ b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Will any nature forest (over 100 years old) or other locally-important vegetation be removed by this project? [] Yes [] No If single phase project: Anticipated period of construction 1 months, (including demolition). If multi-phased: N/A a. Total number of phases anticipated __ (number). b. Anticipated date of commencement phase 1 __ month __ year, (including demolition). c. Approximate completion date of final phase __ month __ year. d. Is phase 1 functionally dependent on subsequent phases? [] Yes [] No Will blasting occur during construction? [] Yes [] No Number of jobs generated: during construction 5--; alter project is complete 0_. [] Yes [] No [] No [] Yes [] No [] No [] Yes [] No 25. Approvals Required: City, Town, Village Board [] Yes [] No City, Town, Village Planning Board [] Yes [] No City, Town Zoning Board [] Yes [] No City, County Health Department [] Yes [] No Other Local Agencies [] Yes [] No Other Regional Agencies [] Yes [] No State Agencies [] Yes [] No Federal Agencies [] Yes [] No Type Submittal Date Site Plan Special Exception Buiidine hermit GML 239m referral C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? If yes, indicate decision required: [] zoning amendment [] zoning variance []special use permit [] new/revision of master plan [] resource management plan 2. What is the zoning classification(s) of the site? R-80 [] Yes [] No [] subdivision [] other __ [] site plan 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Parcel is currently developed for municipal use 4. What is the proposed zoning of the site? None proposed 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? None proposed 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? Residential~ municipal, house of worship 8. Is the proposed action compatible with adjoining/surrounding land uses within ¼ mile? [] Yes [] No 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? __ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? [] Yes [] No a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a. If yes, is the existing road network adequate to handle the additional traffic? [] Yes [] No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that th~nformation provided above is tree to the best of my knowledge. Applicant/S/~o~s~or N~/~con Wire s~l~)iR,~,,~ement Date 10/10/05 Signature,~ ~_F'_J/~/~d~ ~/.C72/?(l, ,! 77~. DMS Consultinll Services, Inc. Title Planner If the action is in the C~st~ Area, and'yo~are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. / 5 Title No, Prem/se~: Town of Sou~hold, Vacant Land, Main Road & Tabor Road Purchaser or:Borrower: CERTIFICATE AND COMMONWEALTH LAND TITLE INSURANCE COMPANY REPORT OF TITLE certifie~ to EDWARD BOYD, ESQ., that in consideration of the fees. due and.payable upon the delivery of this ce, ;ate, it has examined title to the premises described tn Schedule A herein, in accordance ith ils usual procedure and agrees to issue its standard form of F g E policy in the amount of $ 180~0§0.flfl insuring such interest and the marketability thereof, after the closing of the transaction in conformance with procedures approved 10y the Company, excepting all loss or damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth in this certificate which are not disposed of to its satisfaction prior to such closing or issuance of the policy. Such policy will be issued for the amount set forth herein, upon payment of the Company's fees and after the transaction has been duly closed and the closing instruments have been duly recorded and approved by the Company. This t:ertificate is subject to any question or objection as a result of e continuation of the title to the date of closing or which may be brought to the attention of the Company prior to the closing, or if there he no closing, before the issuance of the policy. This certificate shall b~ null and void (1) if the Company's fees therefor are not paid (2) if the prospective insured, his attorney or aget'~t, or the applicant or the person to whom this certificate is addressed, makes any untrue statement wit~ respect to any material fact or suppresses ur f~dls to disclose any material fact c~r if any untrue answers m'c given to material inquirie~ by or on behalf of the Company (3) in any event, upon the deliver~ of the policy. Any claim arising ~y reason of the issuance of xhis certificate shall be restricted to the terms and conditions of the standard form of insurance policy. If title, interest or lien to be insured wsu acquired by the prospe~ive insured prior to delivery of this certffi~te, the Company assumes no liability except under the policy when issued. The land which is the subje~ of this transaction, lies in District 1000 Section 18 Block 5 Lot p/o 18 City of Town of Soutl~otd on the Land-Tax Map of the County of Suffolk Redated and Reeertified: I/ // CIj~er / convoyed s~t to ~e ~en~, incu~ran~ ~ ~ ~en, if ~y, ~ fo~ ~ ~s ~te may ~ mo~a~ BARBAR~ ~,~GHT SCHRIEVER, Who acquired title by deed dated 7/31/89, recorded 8/5/89 in Libor 6598 ep 420, from Prod Tabor, Wended Tabor and May Tabor, SCHEDULE B in which ars set forth the *dditlona] matter~ which will sppear in the p~ltey as exceptio~ from coverage, unle,, dlspo~ed of to tbs Company's satisfaction prior to the closing or delivery of the policy: 1. Ttxe*, ~x lien.,,tax sales, water rates, sewer rent~ ~nd as~ument~ set £orth in se~ed~e he~in. Mortga~ returned herein ( None ). Detailed ~tatement wi~. Any stere of fa~ whi~ ~ a~urate su~ey mi~t show. S~ey e~ti~s ~t fo~ Ri~ts of t~ts or ~ns ~ ~sion. ' ' Co--ants, condiOoas, ca.mens, le~ a~reem~ of r~zd, ~te. more f~y ~t fo~ in ~M~, heretn~ Premises herein bei~ part of the ~me premises described in Liar 859~ cp Company excepts all unpaid water charges and does not make searches for same. (Omit for moulage purposes) Original contract of sale must be presented at or prior to closing. Proof Is required that Barbara Dwight SchrieYer ham not been known by any other names witi~in the past 10 yearsl otherwise, such names must be revealed to the company and the Office Search amended to cover, In the absence of a survey, Company will not certify as to the location nor dimensions of within described premises on all sides, and will except any state of facts an accurate survey may show, N(~T'~, Dktrlet_ 1000 lnolly typ~, signed end acknowledged in b~ck hk or rome ~ill not Title ......................... BEGINNING at the inter{action of the southerly line of lVlein Road with the sa~terly line of Tabor Road and running along said southerly line of IViain Road, north 80 degrees 13 minutes east 226.0 feet; TItENCE along land of Fecreira two courses (1) south 9 degrees 30 minutes east 150.0 feet{ THENCE (2) north 80 degrees 10 minutes East 91.47 feet{ THENCE along land of Gloria South 21 degrees 41 minutes east 5.43 i'eet{ THENCE continuing along land of Gloria and along land of WecniWowski, north 78 degrees 02 minutes 40 seconds east 120.38 feet to a monument and land of Wililan) Y. Terry, Jr,, THENCE along ~ald land south 21 degrees 41 minutes 30 seconds east 653.99 feet{ THENCE along land of Orient Central Cemetery two courses, (J).South 82 degrees 26 minutes ~0 seconds West 184,88 feet; THENCE (2) ~uth 82 degrees 42 minutes 20 seuonds west 519.10feet to the easterly line of Tabor Road{ THENCE along said line of Tabor Road two courses(l) north 0 degrees 39 minutes 30 seconds west 652,77 feet; THENCE (2) north 3 degrees 00 minutes 30 seconds west 116,75 feet to the point or place of BEGINNING. ~'er co{;~ysn~in{ o~y, { Together wis ali riF~t, title ~a interest of, in aha to any *tr~ts ~ i~ i~e~ ~ ~ do~e~, roa~s ~attin8 ~ ~OVe Besotted premi~em, to ~he ~te: line ~ereof LM. # N wMch said pr~m ~ut, County Section Block Lot Barbara Schriever Suffolk Town Southold Vitiate Orient (not) La.nd $ S,6oo Totat $ RETURN8 1981/8~ to 1983/8k P~ ~/~980/81 & Prio~ Needs Chain of Title ~ater meter an8 sewer rentl~ ~ar~ accruln8 since the da~e o~ t~e last enterS. 888££EEI£9 * 'OSB '~ GA0~ I~10£ O;~dMG~ LO:EI E0/0I/0I District: 1000 Section: 018.00 Block: 05.00 Lot:~ 01~oo~ t CONSULT YO WYER EIFOJ'I SIGNING T~IS INSTI~UMIINT INSTIi~IUENY SHOULD Ii USED SY LAWyIIES ONLY THIS INDEN~3RF~ made the 14t~ day of November . nineteen hundred and eighty-fi, BETWEEN 14 77 BARBARA DWIGHT SCHRIEVER, residing at no #, Main Road, Orient, New York, ~STRICT SECTION BLOCK LOT party of the first part, and r-T~ ORIENT FIRE DISTRICT, Iwith an address of no # Orchard Street, Orient, New York,* ' party of the second part, WITNE~SI~TH, that the party of the firs part, in eonsideratlon of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assi~s of the pa~y of ~ he second part forever, ALL that ceftin plot, piece or parcel of land, with the buildings and improvements thereon erected, $it~te, lying'and ~ing in the Suf~o~ Orie'nt, Town of Southold, County of described as follows: and State of New York, bounded and BEGINNING at the intersection of the * southerly line of Main Road, with the easterly line of Tabor Road and running along said southerly line of Main Roa'd, North 80 degrees 31 minutes 30 seconds East 226.0 feet roi a monument and lands now or formerly Ferreira; thence along lan~ of Ferreira South 9 degrees 28 minutes 30 seconds East 169.30 fee~- the j , -~ ~urcn ~/ oegrees ~/ minut seconds East alon~ said la-a~ ^~ ........ es 30 ~ . - . = ~o u~ r~rrelra ano later alon~ land o~ u~or~a anG a±on~ land of Wernikowski 224.52 feet to a mo ument a d land of William Terry, Jr.~ thence along said land of Terry 21 degrees 20 minutes 00 seconds East 288.04 feet; thence along other land of Schriever South 83~degrees 03 minutes 50 seconds West 570.83 feet to the easterly side of Tabor ~oad; thence alonG Said line of Tabor Road two COUrSes.: (1) North 0 degrees 38 minutes 00 seconds West 342.05 fet~ (2) north 4 degrees 39 minutes 00 seconds West 116.75 feet t6 the point or place of BEGINNING. BEING AND INTENDED TO BE~the same premises as conveyed to the party of the first part by! deed dated July 3~ , 1969, rsc~qrde~ August 5, 1969 in Liber 6598 page 420. NOV 21 1985 ! T RA N,SF r;:~l TAX j '. SIiIFFOLK . estate and rights of'the partylof the first part in and to said pr. em~ses; TO HAVE AND TO HOLD the premises herein granted unto the party of the' second part,' the he:rs Or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first Part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. ~ AND the party of the first part, in compliance with Section 13 Of the Lien Law, covenants that the party of the first part'will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose.of paying the cost of the iml)rovement and w:ll a the same first to the payment of the cost of the imorovement before usin .......... t.t. ..... , ~ .~ ' P,P Y any other purpose. The word "party" shall be construed as if it read "parties" whenever the s~nse of this indenttire ~o requires. IN WITNESS WHI~'RI::OF, the party of tl~e first part has duly executed this dee~ the day and year first above written. PRESENCE OF: arDara u_wi_~_ht S~zever RE-CORD'ED' ja ,. ~J. lgSR , JOLIE~E A. KINSEL~ ' · '~' 7 ' ] , Clerk of Su{folk County FJ JT. AtlETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville November 3, 2005 Zoning Appeal No. 5805 Transmitted herewith is Zoning Appeals No. 5805 -of Nextel, Cingular, Verizon (OFD) Munley, Meade)- Zoning Board of Appeals application for Special Exception. Also included is the Notice of Disapproval for the (3) applicants, Transactional Disclosure Forms, the Zoning Board Questionnaire, a Certificate of Occupancy, Owners Authorization Affidavit, a Full Environmental Assessment Form, Lease Agreements (4), Last Deed of Record, Site and Elevation Plan, Survey, Map of Properties at Orient Town, photographs of flagged construction area (2), Affidavit of Radio Frequency Engineer (4), Inventories and corresponding maps (3), Site Conformity Assessment, and copies of FCC licenses for each carder. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/02/05 ZBA # NAME CHECK # AMOUNT TC DATEI~MI~D NEXTEL, CINGULAR, 1681 $400.00 N0~' 5805 VERIZON (OFD) Munley, Meade) ~m~ifhnlrl ROSES, DENNIS RECEIVED 5806 (Boulevard East 2092 $400.00 Planning) N0~' SoufhoJd Town CJer~ TOTAL $8oo.oo Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 11/03/05 * * * RECEIPT * * * Receipt#: 1681 Transaction(s): 1 1 Application Fees Reference Subtotal 58O5 $4OO.OO Check#:1681 Total Paid: $400.00 Name: Nextel, Cingular & Verizon One North Broadway White Plains, NY 10601 Clerk ID: MICHELLE Internal ID: 5805 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 12, 2005 TO: Munley, Meade, Nielsen & Re A/C Orient Fire District (NEXTEL) 36 North New York Avenue Huntington, NY 11743 Please take notice that your application dated September 23, 2005 For permit for co-location of a wireless antenna on an existing telecommunications tower with related equipment structure at Location of property: 23300 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block5 Lot 13.8 Is returned herewith and disapproved on the following grounds: The proposal requires special exception from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board. You may appl3~ to both of these agencies directly. Authorize<~ S~gnatu~ ....... Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., Planning TOWN OF SOUTHOLD : BUILDING DEPARTMENT COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEXTEL OF NEW YORK, INC. d/b/a NEXTEL COMMUNICATIONS 23300 Main Road Orient, New York AUTHORIZATION OF OWNER District 1000 Section 18.00, Block 05.00, Lot 013.008 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I am the , being duly sworn, deposes and says: of Orient Fire District, owner in fee of the premises known as Section 18, Block 5, Lot 13.8 (the "Premises" hereafter), and do hereby authorize Nextel of New York, Inc. dPo/a Nextel Communications ('Nextel' hereafter) and its representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the Premises such antennas, support structures, and related equipment as Nextel may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with Nextel and its agents in obtaining any required Approvals. ORIENT FIRE DISTRICT Sworn to before me this ,2005. NOTARY PUBLIC FORs~ NO. 3 NOTICE OF DISAPPROVAL DATE: October 12, 2005 TO: Munley, Meade, Nielsen & Re A/C Orient Fire District (VERIZON) 36 North New York Avenue Huntington, NY 11743 Please take notice that your application dated September 23, 2005 For permit for co-location o£ a wireless antenna on an existing telecommunications tower with related equipment structure at Location of property: 23300 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block5 Lot 13.8 Is returned herewith and disapproved on the following grounds: The proposal requires special exception from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board. You ma~y apply to both of these agencies directly. '~'-~Authori~d Sig~atcar¢ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., Planning TOWN OF SOUTHOLD : BUILDING DEPARTMENT COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS 23300 Main Road Orient, New York District 1000 Section 18.00. Block 05.00, Lot 013.008 AUTHORIZATION OF OWNER STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I am the · being duly sworn, deposes and says: of Orient Fire District, owner in fee of the premises known as Section 18, Block 5, Lot 13.8 (the "Premises" hereafter), and do hereby authorize New York SMSA Lmuted Partnership d/b/a Venzon Wireless ( Venzon hereafter) and ~ts representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the Premises such antennas, support structures, and related equipment as Verizon may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with Verizon and its agents in obtaining any required Approvals. ORIENT FIRE DISTRICT Sworn to before me this NOTARY PUBLIC ,2005. EDWARD JOHN BOYD 5th ltotary Public State of New York 02B00376625 Suffolk County Commission Expires April 30, 200 FO X4 N6. 3 NOTICE OF DISAPPROVAL DATE: October 12, 2005 TO: Munley, Meade, Nielsen & Re A/C Orient Fire District (CINGULAR) 36 North New York Avenue Huntington, NY 11743 Please take notice that your application dated September 23, 2005 For permit for co-location of a wireless antenna on an existing telecommunications tower with related equipment structure at Location of property: 23300 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block5 Lot 13.8 Is returned herewith and disapproved on the following grounds: The proposal requires special exception from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board. You .r?y~pp!.v to bot~se agencies directly. ' i~h~fi~z~d Si~atu~ee- Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A., Planning TOWN OF SOUTHOLD : BUILDING DEPARTMENT COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of NEW CINGULAR WIRELESS : PCS, LLC, a Delaware Limited Liability Company, successor in interest to LIN CELLULAR COMMUNICATIONS (NY) LLC, successor in interest to CELLULAR TELEPHONE COMPANY 23300 Main Road Orient, New York District 1000 Section 18.00, Block 05.00, Lot 013.008 AUTHORIZATION OF OWNER STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I am the , being duly sworn, deposes and says: of Orient Fire District, owner in fee of the premises known as Section 18, Block 5, Lot 13.8 (the "Premises" hereafter), and do hereby authorize New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, successor in interest to LIN Cellular Communications (NY) LLC, successor in interest to Cellular Telephone Company ('Cingular' hereafter), and its representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the Premises such antennas, support structures, and related equipment as Cingular may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with Cingular and its agents in obtaining any required Approvals. ORIENT FIRE DISTRICT Sworn to before me this ~o~q' ,2005. NOTARY PUBLIC EDWARD JOHN BOYD 5th Flotary public State of New York 02B0037S625 Suffolk County Commission Expires April 30. 200~r OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiCb, Town.Southold.ny. us Jayne. MartinC, Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: DATE: RE: APPEALS BOARD MEMBERS Ruth D. OIiva, Chairwoman Gerard E Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailin~ Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 17, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5805 Action Requested: Within 500 feet of: (Cingular/Orient Fire Department) Special Exception ( x ~ State or County Road ( Waterway (Bay, Sound, or Estuary) ( Boundary of Existing or Proposed County, State, Federal land. If any other information ~s needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures #7746 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Jean Bur,qon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 16th day of February ,2006 Sworn to before me this 2006 ._~- -' (.~rincipal Clerk 1~) dayof ~) CHRISTINA VOLINSKI NOTARy PUBLIC-STATE OF NEW YORK No, 01 -V06 ~ 05050 Qualified in Suffolk County Commission Expires February 28, 200~ NOTIC~ I~'REBY GIVEN, pur~ suant t0~S~ ~b~ ~ To~ ~w he~s ~ be held by ~e OLD ~ ~O BOA~ OF ,~ stru Main Oflept;, CFM lg,~133. Z6ne District: R-80; ~:00 P.M. CHARLES AND LYNN HILL #5823; Reques~ for Varianc~ under Sections 100-33C. 100-242A. and 100-244B. based on the bailding ~in~ector's N0~ember 16. 2005 Notice of D~sapproval, ~ed November 29.2005, concerning proposed additions and alterations to the ~xistthg dwelE~g and anew accessory garage. The reasons for the disapproval are that: [1) the ad- ditions and alterat on~ will constitute an increase m the deg~ee of noncon- fohnance in an arean~'~texl less than the code-requw2~q:kt0 ft minimum on a single side yard, and (2) the setback tho new garage is requi~ed to be 35 feet from the front yardi lot line. Location of,Property: 055 Lake Drive. Southold; CTM 80-3-20. 1:10 PM. ROBERT and DONNA HAASE #5832. Requests Inr Vari- ances under Section 100-244. based on the Building Inspector's De~ember 20~ 2005 Nollco of Disapproval, concern- [ag a dwelling laropogexl at less than 50 fe~t from the rear yard lot line and with lof coverage exceeding tl~e,,~qde tion of 20% for all buildhig ~r~ bn tiffs 21.112 square foot lot at 1695 Green- WaY East. Orient; CmfM 15-1-11. 1:15 EM. JlM and KAKEN SPEY- ER #5819. Reqne~'t f0YVariances under S~tion 100-242A (and 100-244), based on the Building Inspector's October 19. 2005 Notice of Disapproval. amended lanuary 6 2~06 and February 3. 2006. e0ncemmg an application to demohsh a s~J~stantial portion of tl~ ~- gl00 Jackson Street and Fourth Street New Suffolk: CTM 117-10-18.1. 1:20 EM.~EOROE ,and MARY ante under Se~tiofi ~100-242A and 100- 244. based on the Balldthg Inspector's lanuary 3, 2006 Notice: of Disapproval, amended January 18, 2006, concerning proposed addigaSa~ ~md alterations to an existing dweAling, increasing the de- gree 6f ~ongg~q~ when lot line. at 5300 Pequash Avenue. Cu- tchogue; CfM 110-5:32. tot's October 11, 2005 ,N_ otice of Dis- square feet) acc~ssib/e from a~vate right<fi-way e~tanding from th~ ~ou~) side of Sot~th Crc~-Roa~ to ~a_ as 650 W~tfRo~d, ;{~d~c.hogue. Th~ en- tire m~rge~i ~ Of tahd consists of 44,561+- square feet. _ O CONNELI5 #5843. Request for a Variance under!~01~'~ ,00-244, ba~ed on the Bu ding Inspeql6r s November cerning a proposed swunming pool ex- ~e~diag the~c~te ~mitatfon ot.20% cov- erage for all building ar~a on tills 10,875 square foot lot. at 6~0 Marlene Lane Mattituck; CTM 143~2-22.2. 2:00 EM. ANGELO and SU~N RENNA #5840. Reque:st ]~Va Reversal 'on the Bhildi~g:in~ec[0r's November 21,2005 Notice p~DisapproYal concern- lng proposed a~ldition~"~hd'alterati~ns to an existing dwellin~ incrmt~tg the degree of ff~nfOrihanc¢ whgn lo- ;areal at les? thalL35' ~feet froDl thereat sthgl~ side yard'at I~dg¢ Sfr~et, F~hers 2:05.E~J~LONG~S841- Re- quest for 9ariances under Sections 100-23~AB'. amt ;100-244' based on' the building Inspector's December 5. 2005 Notice of Disapproval. amended Janu- ary 17.2006 concerning a proposed new dwelling, after domo!ition of~ba e~iat~ng dwelling. The reasons for &sapprovmg the building penmt application are that the new dwelling will be: (1) less than a total side yard (both sides) of 25 feet, (2) less tha~?5 fe~t from the bulkhead, and (3) the lot coverage will.exceed the code 2:10 P.M. CAROL Ft~TA and THOMAS OEPPEL. JR. ~5834 - Re- fluest for a Variance ui~der Section 100- 33. based on the Building Inspector's November 2 2005 Notice of Disapprov- concerning a proI~sed swnnm,mg ol in an area other than the code- reqalr~d~th3r yaLd., at 450 ~arbo. rview Avelme. ~&f~%2T~I 99.,,~-2L3. 2~20~EM. jO~NA'i~cIAN Z'ANO #5827 - Requests for Variances under Sections 100-33, 100-239.4B. and 100-244. based on the Building Department's October ;26;~005 I~otic~f Disapproval, concern- ing demolition ~o the existing dwelling and co~trucfiofi:bf a new dwelling lind d~ta¢ ~h~d., acces ~?0ry garage. ThC reaaom the binldi~g per, mit applicatio~ was ~pprbved al~: (~) that the flew will bc less tha~ 75 feet frmti the bfilk- head, (2) that the n.ew ac~ssory garage w)ll I~ less thaii 35 feet from the fret r~.~e ~qulred rear yard or quk~d fi'6~'ya[d. Location of Property: ~!~;0~k~t~ha ,Road, Souad¢ Cm 2:30 p.I~I. SHINN VINEYARD. INC. and BARBARA SHINN #5836. Loea- ;tmn of Property: 2000 Oregon Road, iMattiinck, c'rM 1000-1004-3.1 '(~d 3.2/. RequeSts for: (a) a Variance imder Section 100-32. based on the Building Inspector's December 19. 2005 Notice of Disapproval concerning proposed additions and alterations to the eal~t- ling single-family dwelling, pt less than ,60 ~eet from tbs front yard to* line and (bi a Special Exception uad~r 100-3lB to establish an Bed and Break- fast as an accessory use to the owner's residence. 2:35 P.M. ANTHONY and SUSAN NAPOLITANO #5835. Request for a Variance under Section 100-239.4B. based on the Building Inspector's Oc- tober 19. 2005 ~Nofice of Disapproval amended Decefixber 27. 2005 concern- ing a proposed swimmlnE pool at Jess than 75 feet from the b3dkhead, at 200 Cleaves Point R~oad. East Marion; CTM 38 2-23. ELLE CACIOPPO /~,686. Request for Vaxiances ~nder Section ~100-244, based on the }~uildmg Dep~elif's October 14,2004 Notice of Disapplg;,v~ amended November 9.2005. concerning proposed additions and alterations to the existing dw61 ng at less than 40 feet from the front ~ard line and exceeding the code lim ration of 20% total lot cov- .erage for all building ar~a. at 1455 Inlet Way Southoin ~TM 92-14. 3:00 P.M. T1}rRRY MeLAUOHLIN g5837. Reques(;for a Vafi~ce under Section 100-33, baaed on 2~5ti~~ Inspector's Oclober Iof the ~ng Is~d So~ b~ ~d (2) ba~d on ~e'Bu~offs J~u- a~ 13. ~ Nofim of D~appmv~, ~t- 7746-1T ~r6 · JER~LYN B. WOODHOU~E Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND Date: March 16, 2006 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Re: Ruth Oliva, Zoning Board of Appeals Chair Jerilyn B Woodhouse, Planning Board Chairpersony Appeal # 5805 and 5863 Cingular Wireless Telcom -Orient Fire District 23300 Main Road, Orient SCTM: 1000-18-5-13.8 Zone: R-80 RECEIVED MAR 1 6 2006 ZONING BOARD OF APPEALS In response to your memo dated March 6 2006, the Planning Board (PB) has reviewed the revised site plan and offers the following comments: The PB is currently reviewing a site plan drawing dated February 23, 2006. The revised site plan relocates the proposed 90' cell tower behind the existing firehouse, near the existing fire tower. The applicant's representative and several Orient Fire Commissioners discussed the site plan in detail at the PB Work Session on March 13, 2006 Prior to PB approval, this application will require the following approvals: Southold Town Building Inspector, Town Engineer, the Orient Fire District, and the Architectural Review Committee. In view of the Planning Board's continued concern about the visual impacts of the 90' cell tower, the new proposed tower location was discussed placing the tower as close as possible to existing Fire Department structures. The equipment boxes are now to be placed behind the Fire Department structure, and should be surrounded by heavy landscaping and be located as close to the existing structure as possible. The Planning Board now feels that the new location helps mitigate the visual impacts of the tower, which will now be substantially blocked by the firehouse roof. In addition, clustering the equipment boxes behind the firehouse minimizes the lot area affected, and maximizes the efficiency of the communications operations. We hope these comments will be useful to the ZBA in its review of this appeal. cc: Planning Board members JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Date: To: From: Re: February 16, 2006 Ruth Oliva, Zoning Board of Appeals Chair Martin Sidor Jr., Planning Board Vice Chairman Appeal # 5805 Cingular Wireless Telcom -Orient Fire District 23300 Main Road, Orient SCTM: 1000-18-5-13.8 Zone: R-80 In response to your memo dated February 3, 2006, the Planning Board (PB) has reviewed the site plan and offers the following comments: The PB is currently reviewing a site plan application dated November 1, 2005. The applicant's representative and several Orient Fire Commissioners discussed the site plan in detail at the PB Work Session on February 13, 2006 Prior to PB approval, this application will require the following approvals: Southold Town Building Inspector, Town Engineer, the Orient Fire District, and the Architectural Review Committee. In view of the Planning Board's continuing concern about the visual impacts of the 90' cell tower, several alternative tower locations were discussed placing the tower as close as possible to existing Fire Department structures, especially at the gable ends. A preferred location would be where the existing 70' tower sits, since it would be obsolete when the new tower becomes operational. The equipment boxes could be placed inside Fire Department structures, or surrounded by heavy landscaping as close to the existing structure as possible. New information was presented by OFD Commissioners indicating their intention to build a new addition to the existing building in the rear of the property on the south side of the building, approximatly 80' long and 25' wide. In that event, the space between the proposed tower and the new addition would be significantly reduced. Depending on exact dimensions, the tower could be shifted slightly northward to meet the new addition. The OFD was advised to submit that proposal immediately, along with building Ruth Oliva Page Two February 16, 2006 dimensions and elevations in relation to the cell tower. Additionally; a new concept of placing the equipment boxes inside the proposed new rear addition further reducing the visual impacts was discussed. Of course, the immediate base of the tower must be landscaped, and one generator box will need to be located adjacent to the south building. 5. The PB remains mindful of the need to improve emergency communication in Orient, and of the overriding importance of the tower. However, locating the tower as unobtrusively as possible on the site is critical, with appropriate buffering of any equipment not installed inside the Fire Department Buildings. We hope these comments will be useful to the ZBA in its review of this appeal. Thank you in advance. cc: Planning Board members #7797 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Bur,qon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 23rd day of March ,2006 Sworn to before me this 2006 ~pal Clerk CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 QuallTiecl In Suffolk County Commission Expires February 28, 20np ~LE~L III~itTI¢IE$ ~o:~^.M. O~RIARMINEKLEIN ORIENT ASSOCIATIO BOX 282 · ORIENT. NY 11957 March 22, 2006 Ruth Oliva, Chairperson Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Enclosed is a copy of a newsletter about the latest Orient Fire Department tower proposal. I am sanding it to you so that it can be incorporated into the record of correspondence on this long-running issue. This newsletter was prepared by the Orient Association committee that has been focusing on aspects of the tower issue. Although I had very little to do with the text, it represents my personal views as well as those of the Orient Association. Sincerely, Anne Hopkins, President ORIENT ASSOCIATION FIRE DEPARTMENT TOWER HEARING March, 20~,~,,,_ j ZONING BOARD OF APPEALS - MARCH 30, I P.M. The Orient Association is 100% committed to an upgrade of the Orient Fire Department's emergency communications. This should include: 1 ) a new communications tower; 2) new high-band emergency communications antennas on the tower and 3) new high-band communications equipment for the fire house, all mobile units, all handhelds and all pagers. However, we have serious concerns about the present application before the Zoning Board of Appeals, which is scheduled to be heard on March 30 at 1 p.m. The Orient Fire Department (OFD) has consistently emphasized the danger caused by their present inadequate communication. They have had permission to build a tower since June, 2005, but because the Commissioners insist on including cellular commun cations carriers, which require variances, they have not been able to do so. Without the cell companies, OFD could build a tower as of right without the need for variances. Although some residents feel that cellphone communications in Orient need to be improved as well as emergency communications, we question whether the proposal being advanced by the Fire Commissioners is right for our Fire Department and our community. As we see it there are three ways to address this problem and we fee the community as a whole should be able to express its preference among these alternatives. They are; 1. The Fire Department could erect a tower to support a new emergency communications antenna. Without cellular carriers it could be slender, even a lattice like the present one. There would be no need for the large metal sheds which house the cellular generators for each carrier or for a chain link fence. It is less expensive to build than a cellular tower. 2. The Fire Department could erect its own tower including space for cellular carriers It could either be like the one proposed (90' high and 4' wide at the base) or some alternate, more acceptable design. (A proposal was recently received for a 90' tower but only 28 inches wide for under $50,000, about half the cost cited for the Beacon Wireless tower.) A shed for each wireless carrier would be necessary and the permitting process would need to be pursued. But there would be no middleman and it would be completely under the control of OFD and the community. Emergency communications would take precedence. However, managing a cell tower might violate OFD's tax-exempt status (see below.) 3. A tower, 90' tall and 4' wide at the base, would be built by Vincent Cannuscio (Beacon Wireless) and leased by him from OFD. This is the application the Fire Commissioners have submitted to the Building Department, Zoning Board of Appeals and Planning Board. It would support three cell carriers, each with a shed and the complex surrounded by chain link fencing. Orient Association members have repeatedly shared their concerns about the third option with the Fire Commissioners. They involve the lease with Beacon and OFD's tax status. 1. The lease is deeply flawed. It was signed on October 15, 2002 and has already delayed the upgrade of OFD equipment by several years due to multiple agency rev ews and variance requirements. It runs for f ve years from Apn 15, 2004 with automatic renewals for five additional five-year terms, for a total of 30 years. It is purely a business proposition that offers no improvement of OFD equipment. We believe it is a bad business deal for the following reasons: a. Beacon has a right to terminate the lease (or sell it) at any time if it determines the location is inappropriate for economic or technical reasons, if there is an environmental condition on the site or if cell carriers do not obtain licenses. This would leave OFD without the revenue and with an unnecessarily large tower. This is a serious consideration because evolving technology in cellular communications no longer requires structures of this sort. b. The lease gives cellular communications priority over OFD's needs. It states that Beacon's operation will not interfere with OFD equipment but this only applies to equipment that predates Beacon's. OFD is not allowed to install new equipment or make changes to the site if they might interfere with Beacon's or its' subtenant's facilities. c. The lease gives Beacon rights to the site that are not limited to a cell tower but include anything connected to communications services. Given the length of the lease, the site could host many different facilities in the future. Beacon has the right to access the site 24 hours a day, seven days a week, with no exception for the emergency nature of OFD's activities. d. Beacon would get a loan to finance the tower but does not name the lender. The tower and facilities are collateral for the loan so if Beacon defaults on the loan, the lender could take ownership of the tower and equipment, remove them or take rent from the cell carriers, including OFD's portion. OFD waives any right to object. This makes the entire deal potentially very risky for OFD. e. ©FD is required to pay for insurance to protect both themselves and Beacon and is required to indemnify Beacon for its actions and any environmental problems, whether or not it is receiving revenue from the tower. Indemnification depends on OFD's ability to tax the community. This would be "taxation without representation". f. OFD gets only a portion of the rent received by Beacon. if OFD owned the tower, it would get the whole income. In sum, we think this is a bad deal for OFD and the community because the interests of Beacon and the cell carriers take precedence in every case over the needs of OFD. 2. We believe OFD could lose its tax-exempt status if it gets commercial income. We have asked the Fire Commissioners to request an opinion in writing on this issue from the New York State Comptroller but they have refused to do so. It is our understanding that OFD cannot receive commercial income of more than ten percent of its annual budget without losing tax-exempt status, which would limit income to $35,000 a year. Cannuscio has said that he will donate $60,000 to OFD, payable after installations by Verizon, Nextel and Cingular. Is this a transparent attempt to avoid the laws on tax exemption? The Orient Association vastly prefers the first option. It costs less, is faster to erect and less visually intrusive. It is solely for the purpose of emergency communications and it would be entirely under the control of the Fire Department. It represents no risk to the Fire Department's tax exempt status. To Note As Well: OFD has received an estimate for for an equipment upgrade of $90,356 from Eastern Long island Electronics. By law any upgrade proposal should go out to bid to obtain the best price. This expense has not been budgeted. OFD is still receiving tax income equivalent to the assessment on the bond which was floated to buy the property although the bond was paid off last year. Any additional financing for the tower and equipment upgrade should be paid by another bond issue. The community has never denied funding. OFD and the community should retain control of the facility. OFD is not a for-profit enterprise. WE BELIEVE THIS IS TOO IMPORTANT AN ISSUE FOR A LAISSEZ-FAIRE, LET IT BE ATTITUDE.'This issue Impacts the safety and economic liability of the entire community, Fire Department memberslncluded; The future of the cellular phone business is uncertain, clogged with competition and the pressure of alternate technologies like wi-fi and satellite communications. The Beacon 30-year contract compromises the future of OFD and the community. All concerned should demand a voice in the decision. PLEASE TRY TO ATTEND THE ZBA HEARING ON MARCH 30 AT I P.M. IF YOU CANNOT ATTEND YOU CAN EXPRESS YOUR OPINION ON THE TOWER PROPOSAL BY LETTER OR FAX TO CHAIRMAN RUTH OLIVA AND MEMBERS OF THE ZBA Address: Zoning Board of Appeals, P.O. Box 1179, Southold, NY 11971. Fax Number: 631 765-9064. Your communication must be at the ZBA no later than Friday, *March 24. Z.-c6[ [ 3J',I '~u~!~O apploqxo~t ~o au~p!so~I Zg6 [ [ AN 'lueHo [ ['ON t!u~ocl (]lVd eB°ls°d '$TI £5-6[ [ 3Jq ':~uaFo rSZ x°[t Od uope?ossv ~uaFo FROM :Barrg FAX NO. :16J13239775 22 2006 O?:SBPM P1 Harch 22, 2006 TO: Chairman Ruth Oliva and members ol= the ZBA From: Barry ]aniss and Bonnie Kamen ii3S North Sea Drive Orient Point, NY 11957 Re; OFD Communication Tower As residents and homeowners in Orient Point, we would like to communicate our opposition to the "Beacon" plan being considered. We fully Support the Orient Association's position regarding this matter. MAR 2 ~ 2006 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Date: November 15, 2005 To: From: Re: Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Clerk for Southold Town Board Josh Horton, Southold Town Supervisor Southold Town Board of Trustees Southold Town Engineer * Mark Terry, Local Water Revitalization Program Coordinator · Suffolk County Department of Health Services * New York State Department of Transportation Suffolk County Water Authority * Suffolk County Planning Department Architectural Review Committee, c/o Town Clerk Victor L'Eplattenier, Site Plan~//f'~ Agency Referral requests required under Southold Town Code Article XXV 100-254 Review Procedure part C the Planning Board refers this site plan for concerns, comments and Jurisdiction requirements if applicable. Dear Reviewer: The site plan status is a New Active Site Plan. Below is site plan application information pertaining to the listed project: Orient Fire District 23300 Main Road, Orient SCTM# 1000-18-5-13.8 This site plan is for Co-Location of Nextel @ 85' height, Cingular @ 75' height & Verizion @ 65' hei on proposed 90' communications flagpole tower with fire/police emergency communication mounte on a cross bar @ 90' height includes a 58'x58'x 6' high fenced enclosure on a 4.4 acres parcel in th R-80 Zone located at s/s/o Main Road at the s/e intersection on Main Road and Tabor Road in Orie SCTM#(s) 1000-18-5-13.8 Attached is a copy of the site plan application for your review· Please respond on your agency's position of the above action. Thank you in advance. *Maps are enclosed for your review cc: File attachment TOWN OF SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION ~ECTION A: Site Plan Name and Location Application Date: II / t9 / ~ N~w~]-ngular~sPCS, LLC; Nextel of New York, Inc. Site Plan Name: and New York SMSA Limited Partnership d/b/a Verizon Wireless ~ Ufstrict Suffolk County Tax Map #1000- 18 5 13.8 Other SCTM #s: Street Address: 23300 Main Road Hamlet: Orient, New York Distancotonem'estintersoction: Southeast corner of Main Road and Tabor Road Type of Site Plan: x New Amended If Amended, last approval date: / / Residential · SECTION B: Owners/Aeent Contact Information Please list name, mailing address, and phone number for the i~eople below' Property Owner Orient Fire District Street 23300 Main Road City Orient State NY __Zip 11957 Home Telephone ........ Other See Attached Addendum "A" for Additional Co-Applicant Information *(1) Applicant New Cingular Wireless PCS, LLC SWeet 333 Crossways Park Drive City_ Woodbury State NY .Zip. 11797 Home Telephone Other Applicant's Agent or Representative: Attorney for Co-Applicants: ContactPerson(s)* Lawrence C. Re' Munley, Meade, Nielsen & Re' Street 36 North New York Avenue CitM Huntington State NY Zip 11743 Office Telephone 631-425-4100 Ot/aer 631-425-4104 *Unleas otherwise requested, correspondence will be sent only to the contact person noted here. Page 1 of 2 ,I0/05/05 S_~EECTION C: S~te Da!'a Proposc~l construction type: _ Change ofuse~ Property total acreage or square footage: 4.36 _ac./~qxRx Site Plan build-out acreage or square footage: 4,00__0. _~x~sq..rt. JIs there an existing or proposed Sale of Development Rights on the property? Yes ~_(yes, explain:_. New ..~x.. Modification of Existiug Structure Agricultural PropertyZontngDIstrict(s): Residential R-80 Building Department Notice of Disapproval Date: 10 / 12 / 05 Is an application to the Southold Town Zoning Board of Appeals required? Yes ~ No. If yes, have you submitted an application to the ZBA? Yes x NO If yes, attach a copy of the application packet. ~ - Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor m-es per use. List all existing properly uses: Fi re District Fi rehouse and...Publ ic Safet~ List all proposed property uses: Public Uti ] i ty Wireloss Telecommunicat_,i~_0ns Fact 1 i t.¥_ . Other accessory uses: Existing lot coverage: 5.1 % Proposed lot coverage:. _5 4 Yo ~roas uoor area-at exmtmg su'ucture(s): 9,669 ._sq. ft. Gross floor area of proposed structure(s): 566 SF parkingSpaceData: N/A-No changes will be made 'to available parking. # of existing spaces: 42 # of proposed spaces: 0 Loading Berth: Yes LandscaPing Details: Existing landscape coverage: 74.6 % Proposed landscape coverage: 74.2 I ~aterfront Data: ,, [Is this property within 500 of a wetland area? Yes .. ....N° x If yes explains: ...... I, the undersigned, certify that all the above informatia,n is tree. Munley,~eade, Nielsen & Re SignamreofPreparer:.~~-) ~ Date' II1 I0 ~'aw~ence C. R~' p ^ -.~ '- . · ,,w^=~n~ Attorney for Apo] icants age z ot.~ No x TOWN OF SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION ADDENDUM "A" Premises: SCTM#: 23300 Main Road Orient, New York 1000-18.00-05.00-013.008 Co-Applicant (2): Co-Applicant (3): Nextel of New York, Inc. One North Broadway White Plans, NY 10601 New York SMSA Limited Partnership d/b/a Verizon Wireless 4 Centerock Road, Rockland Corporate Park West Nyack, NY 10994 APPEALS BOARD MEMBER~I Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: March 6, 2006 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the amended tower location (ref. ZB #5408/2005) in the R-80 Zone. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Cingular/Nextel/ 18.-5- 5805 10/12/05 Special 03/06/06 Michael Verizon 13.8 Exception/Height Walker, R-80 Arch. Your comments are appreciated by 03/27/06, if possible. Thank you. Encls. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 30, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 30, 2006: 1:00 P.M. ORIENT FIRE DISTRICT and CINGULAR/NEXTEL/VERIZON WIRELESS. Location of Property: Orient Fire House Parcel, 23300 Main Road, Orient; CTM 18-5-13.8. #5863 ORIENT FIRE DISTRICT. Requests for Special Exception and Height Variance based on the Building Inspector's March 8, 2006 Notice of Disapproval, amended March 8, 2006, concerning the revised location of the telecommunications tower. (Please note approvals under ZBA #5406 dated 3131105 and Building Permit #31215-Z.) The reason stated by the Building Inspector for denying the new location is that Section 100- 162A(3) states that a wireless communications facility is subject to site plan approval and must meet the following requirements: Wireless communication facilities on telecommunication towers shall require special exception approval pursuant to this article and shall not project higher than 10 feet above the average height of buildings within 300 feet of the facility. #5805 CINGULAR/NEXTEL/VERIZON WIRELESS. Request for Special Exception under Section 100-162A for public utility use (telecommunications antennas) on a new tower proposed to be constructed with an amended co-location on the new Orient Fire Department's telecommunications (flagpole) tower, as amended March 8, 2006, and with related accessory equipment shelter structure(s). The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny, us. Dated: March 9, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: VERIZON, NEXTEL & ano. #5805 MAP #: 18-5-13.8 APPEAL: Special Exception REQUEST: Public Utility-Telecomun. Use DATE: THURS., MARCH 30, 1:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 I~PI~¥ To: [] MUNLEY~ MEADE~NIELSEN & RI~ February 27, 2006 VIA UPS Ms. Linda Kowalski Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Orient (Town of Southold) Application to the Zoning Board of Appeals Premises: Orient Fire District 23300 Main Road, Orient, NY .. Dear Linda: With regard to the captioned application, we enclose herewith, the returned certified mail green card receipts. This will supplement our previous filing of February 22, 2006. Should you have any questions, please do not hesitate to communicate with the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN & RI~ By: Lawrenle C. g& Lawrence C. R6 LCR/cp Enclosures LEGAL NOTICE ON FEBRUARY 13, 2006, A VISUAL STUDY WILL BE PERFORMED AT THE PREMISES, 9245 MAIN ROAD, EAST MARION, NEW YORK, BETWEEN THE HOURS OF 9:30 A.M. AND 12:00 P.M., IN CONNECTION WITH AN APPLICATION BY NEW CINGULAR WIRELESS PCS, LLC, SEEKING MUNICIPAL APPROVAL FROM THE TOWN OF SOUTHOLD FOR THE INSTALLATION OF A PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS FACILITY. AS PART OF THE VISUAL STUDY, A CRANE WILL BE PLACED AT THE PREMISES TO AID IN ASSESSING THE VISUAL IMPACT OF TELECOMMUNICATIONS THE PROPOSED PUBLIC UTILITY WIRELESS FACILITY. IN CASE OF INCLEMENT WEATHER ON FEBRUARY 13, 2006, THE STUDY WILL INSTEAD BE PERFORMED ON FEBRUARY 17, 2006. RgPLT TO: J~u~y 20, 2006 VIA FIRST CLASS MAIL Ms. Linda Kowalski Town of Southold Zoning Board of Appeals Southold Town Hall Annex 54375 Main Road Southold, New York 11971 Visual Study Crane Test for Public Utility Wireless Telecommunications Facility Proposed By New Cingular Wireless PCS, LLC Premises: East Marion Fire District 9245 Main Road East Marion, New York District 1000 Section 31.00, Block 03.00, Lot 011.031 Dear Ms. Kowalski: We are the attorneys for New Cingular Wireless PCS, LLC ('Cingular') in connection with the captioned matter. As you know, Cingular has filed an application seeking special exception approval and variance for the installation of a public utility wireless telecommunications facility at the above- captioned premises. Enclosed herewith is the legal notice regarding the visual study crane test for the proposed public utility w~reless telecommunications facility. Said notice shall bc published in thc January 26, 2006 edition of The Suffolk Times, which we understand is the Town of Southold's official newspaper for legal notices. Should you have any questions with regard to the foregoing, please do not hesitate to contact us. Very truly yours, MUNLEY, MEADE, NIELSEN 8* By: (~x(LwcmX- V)anine Marchese, Law Clerk /jm Enclosure Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Janua~ 30,2006 By Reqular Mail and Fax Transmission 425-4104 Lawrence C. Re, Esq. Munley Meade Nielsen & Re 36 North New York Avenue Huntington, NY 11743 Re: ZBA File #5805 - Cingular/NextelNerizon Antennas (Proposed Orient Fire District Tower) Dear Mr. Re: This will confirm telephone communications with your offices that the above-noted hearing will be held by the Zoning Board of Appeals at 9:30 a.m. on Thursday, March 2, 2006, at the Southold Town Hall, 53095 Main Road, Southold, New York. In order to facilitate the application process, information is requested with respect to alternative locations on this site closer to the main building for the proposed use. Thank you. Sincerely yours, Ruth D. Oliva Chairwoman APPEALS BOARD MEMBE, Ruth D. Oliva, Chairwoman Gerard 1v. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailine Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 TO: FROM: DATE: SUBJECT: http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 TOWN MEMO Planning Board Ruth D. Oliva, ZBA Chairwoman February 3, 2006 Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the site plan elements of the Zoning Code. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED CINGULAR 18-5-13.8 5805 10/12/05 Spec. Exception 10/1/05 Michael WIRELESS Wiretess Walker, LLC (OFD) Antenna on telecom, tower Your comments are appreciated by 02/22/06, if possible. Thank you. Encls. To: ~ February 23, 2006 VIA FACSIMILE AND FIRST CLASS MAIL Ruth D. Oliva, Chairperson, and Members of the Town of Southold Zoning Board of Appeals P.O. Box 1179 53095 Main Road Southold, NY 11971 Application of New Cingular Wireless PCS, LLC, ("Cingular") Nextel of New York, Inc. ("Nextel") and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") For Special Exception Approval Proposed Wireless Telecommunications Facility Premises: Orient Fire District 23300 Main Road Orient, New York SCTM#: Section 18, Block 5, Lot 13.8 Dear Chairperson Oliva and Board Members: Our office represents Cingular, Nextel and Verizon Wireless with respect to their application to co-locate at the Orient Fire District. We have been informed by the Orient Fire District that it intends to request that the Zoning Board of Appeals consider and approve moving the location of the telecommunications pole to an area directly behind the Firehouse. We will, therefore, be revising our zoning drawings to conform with those of the Fire District. Accordingly, we respectfully request that the Public Hearing now scheduled to be heard on March 2, 2006 at 9:30 a.m. be adjourned to March 30, 2006 at 1:00 p.m. Thank you. Very truly yours, MUNLEY, MEADE, NIELSEN & RI~ By: Lcrwr C. R& Lawrence C. R6 LCR:db 02/23/2006 16:27 000000~ P~GE February23,2006 VIA FACSIMILE AND FIRST CLASS MAIL Ruth D. Oliva, Chairperson, and Members of the Town of Southold Zoning Board of Appeals P.O. Box 1179 53095 Main Road Southold, NY 11971 Application of New Cmgular Wireless PCS, LLC, ("C~oular'') Nextel of New York Inc. ("Ncxtel") and New York SMSA Limited ParmersMp dgo/a VeaZon W/reless ("Verizon Wireless") For Special Exception Approval Proposed Wireless Telecommunications Facility Premises: Orient Fkc Disu'ict 23300 Main Road Orient, New York SCTM#: Section 18. Block 5. Lot 13.8 Dear Chairperson Oliva and Board Members: Our office represen~ Cingular, Nextcl and venZOn Wireless with respect to their application to co4ocato at the Orient Fire District. We have been informed by thc Orient Five District that it mtend~ to request that the Zoning Board of Appeals consider and approve moving the location of the telecommunications pole to an area directly behind the Firehouse. We will, therefore, be revising our zoning drawings to conform With those of the Fire Disl~ict. Accordingly, we respectfully request that the Public Hearing now scheduled to be heard on March 2, 2006 at 9'.30 a.m. be adjourned to March 30, 2006 at 1:00 p.m. Thankyou. Very truly yours, MUNLEY, MEADE, NIELSEN & P~ By: Laxure. rrc C. Lawrence C. R~ 02/02 LCK:db 02/23/2006 16:27 0000001 PAGE 0i/02 MUNLEY, MEADE, NIELSEN & RI~ AT'IORiNEYS AT LAW 36 North New York Avenue Huntington, New York 11743 (631) 4254100 Tel~copier (631) 4254104 TELECOPY TO THE FOLLOWING NUMBER: 631-765-906~ Ms. Linda Kowalski for Ruth D. Oliva, Chairperson, and Members of the Town of Southold Zoning Board of Appeals Application of New Cingular Wireless PCS, LLC, ("Cingular") Nextel of New York, Inc. ("Nextel") and New York 8MBA Limited Partnership d/b/a Verizon W/rel~ ("Verizon Wireless") For Special Exception Approval Proposed Wireless Teleeommunication~ Facility Premises: Orient F~ce District 23300 Main Road Orient, New York SCTM~: Section 18, BloeJ~ 5, Lot 13.8 FROM: NAME; Lawrence C. R6 DATE: Febmary23, 2006 MESSAGE; Please see our correspondence of today to Chairperson Oliva and Board Members, transmitted herewith. TOTAL NUMBER OF PAGES: 2 (Including Cover Page) PLEASE NOTE The information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such information. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this eommunlcation in error, or finny problems occur with transmission, please notify us immediately by telephone at (631) 425-4100. Thank you. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 31, 2005 $ k Appl. No. 5408 - ORIENT FIRE DISTRICT Zone District: R-80 Residential Property Location: 23300 Main Road (State Route 25) and Tabor Road, East Marion CTM 1000-18-8-13.8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 4.355 acres, situated on the south side of the Main Road (NYS Route 25) and the east side of Tabor Road in East Marion. The property is improved with the following buildings and structures: (a) fire station with an existing antenna facility and (b) detached metal building. BASIS OF APPLICATION: The Building Department's April 23, 2004 Notice of Disapproval, amended September 22, 2004 and October 4, 2004, which states the following reasons: (1) the proposed tower does not meet the code requirements with a proposed height at 125 feet, (2) the tower is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1, 18-5-11.1 (3) the tower is not permitted on a nonconforming lot size, or on a lot containing less than a minimum lot area in a residential district of five (5) acres, and (4) Special Exception under 100-162A(3). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21, 2004, November 18, 2004, December 16, 2004, January 20, 2005, and February 3, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The Applicant, the Orient Fire District ('OFD'), is seeking to construct a 120 ft. high wireless communications tower, for which Variances are requested under Zoning Code Sections 100-162A(3) and 100-165B. The requested Variances are based on the Building Inspector's April 23, 2004 Notice of Disapproval, amended September 22, 2004 and October 4, 2004, which states the following reasons: (1) the proposed tower does not meet the code requirements with a proposed height at 120 feet, (2) the tower is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1, 18-5-11.t, (3) the tower is not permitted on a nonconforming lot size, or on a lot containing less than a minimum lot area in a residential district of five (5) acres. Page 2 - March 31, 2005 Appl. No. 5408 - Orient Fire District 18.-5-13.8 at Orient SPECIAL DISTRICT TREATMENT REQUESTED: Based on the amended Notice of Disapproval dated October 4, 2005, the applicant, Orient Fire District, is also requesting approval as a permitted use on property in a special district under Section 100-162A(5) for wireless communications usage, with such use not requiring a Special Exception and subject only to the height restrictions listed in Section 100-162A (in lieu of a Special Exception). ADDITIONAL INFORMATION: The Orient Fire District has an existing antenna facility at the Orient Fire Station, also used by the Town Police Department to transmit and receive messages to and from its various mobile units, marine units and personnel patrolling the areas and adjacent waters. The purpose of the requested wireless communications facility (flagpole tower) is to provide improved emergency communication services for the entire area lying east of the East Marion causeway. The wireless communications tower facility is proposed by the Orient Fire District at the rear of the fire house, behind the metal building, on this 4.35-acre parcel. The tower is proposed to be located south of the fire department's metal building located in the rear yard, distant 145+- feet from the northerly property line at its closest point, 140+- feet from the easterly property line, 135+- feet from the southerly property line, and at least 315 feet from Tabor Road to the west. RELATED INFORMATION: The property has 341 linear feet along Tabor Road, a side street, 226 linear feet along the Main Road (State Route 25), 570.70 linear feet along the most southerly property line, and variables along the easterly property line of 169.30 and 287.60 linear feet. The fire house is closest to the Main Road, and the tower is proposed behind the OFD metal building in the south/east yard area. There is no question that the tower would be visible from adjacent areas, including residences, pedestrians, and while driving along the Main Road and along Tabor Road to the west. By application dated 6~27~03, the OFD states that an antenna height of at least 90 feet is mandated, to provide the coverage necessary to reach the furthest extent of the mainland Southold, on physical sciences governing public service radio communications. The OFD and Town Policy Public Safety indicate a height at 90 ft. AGL is required, with 'low band' vertical whip antenna and future carrier antennas (see plans prepared by Michael Walker Design/Builder dated 1015/04). At the top of the OFD's tower is a 9'6" dipole array to be externally mounted, 2.5" in diameter. With an increase in the height to 120 feet, the applicant states that it will be possible to co-locate commercial telecommunication antennas within the same structure thereby not only passing the initial cost of construction onto commercial users, but also providing a continuing source of income for the Fire District to help offset its usual and ordinary costs Page 3 - March 31,2005 Appl. No. 5408 -Orient Fire District 18.-5-13.8 at Orient of operation. Additional antennas are shown for T-Mobile and AT & T or other carrier antennas above this 90 ft. height. During the hearings, the applicant offered expert testimony in support of the requested heights of 90 feet and 120 feet, and argued that 120 feet was necessary to achieve the industry standard of 90% efficiency. During the hearings, the Orient Association, and nearby residents and landowners expressed many concerns and disputed applicant's showing of need for the 120 ft. height in addition to the request for alternative relief, and questioned whether or not the fire district and its experts adequately investigated other alternative site locations in the necessary geographic areas for OFD's purposes and needs. Discussions were held during the hearings regarding the concerns raised, in addition to the question of whether or not alternative (lower) heights were adequately addressed by the applicant. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: The applicant, Orient Fire District, is an established special district for emergency communications on at least 4.35 acres of land. The OFD maintains at its fire station an antenna tower for communication transmissions to and from this site, and the new wireless communications tower would be in place of its existing tower facility. A structure at 120 feet in height is not consistent with the surrounding rural character of this area and will be visible from various segments of the lands surrounding the tower site. The installation of this structure at 120 feet instead of 90 feet will create a distinctly commercial view interfering with the historical and rural vistas on the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. In addressing visual concerns, the applicant has offered: a) a neutral color and flagpole design, and b) to locate the structure behind the existing OFD buildings as far south from the Main Road as feasibly possible. These measures do not satisfy the concerns about visibility, since the wireless communications tower will be visible particularly at the top half portion of the tower where the antennas are visible over the existing buildings and tree lines, and not screened from view. 1. The emergency, fire, police, ambulance companies and departments need of wireless mutual aid communication systems. Individual (private) ambulance, radio and other aid companies are involved with the mutual aid system. There are existing dispatch problems, problems in scene management, fire safety issues, and fire ground operation issues. The fire departments and other companies join together to assist as needed, with fundamental resources (Iow-band paging and radios). These systems clearly need to be improved and expanded and to provide for more effective long-range communications and Page 4 - March 31, 2005 Appl. No. 5408 - Orient Fire District 18.-5-13.8 at Orient senior managing during multiple fire ground and other emergencies. Because safety of citizens and fire personnel is of primary concern, an improved wireless communications facility is necessary and desirable. 2. The variance requested at 120 ft. height is substantial in relation to the code limitation of 60 feet in height. The applicant is proposing 100% increase in the code limitation of 60 fl. in height. So long as the height is not excessive, grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. It is the opinion of this Board that an alternative, with a 90 ft. in height, will be 50% greater than the code limitation of 60 ff., which would be more conforming. 3. The demonstrated difficulty is not self-created insofar as the safety considerations the tower will address are the result of problems of inadequate communications based on the current state of the science of radio communication. 5. The Orient Fire Department's testifying expert presented credible testimony to the effect that a wireless communications tower at the requested height of 120 feet will meet the needs required to be addressed. However, that expert did not respond adequately to questions raised concerning the effectiveness of a tower of lesser height. In particular, the expert was unable (or unwilling) to demonstrate that a height of 90 feet would be inadequate to meet the stated communication needs. 6. Other experts, including that of members of the Orient community, gave unrebutted testimony that effective coverage of the subject area can be provided by a communications tower of 90 feet or less. In addition, as discussed above, questions about results of field testing were raised, and the applicant's expert was unable (or unwilling) to demonstrate that a height of 90 feet would be inadequate to meet the stated needs. 7. While safety is the primary concern, other values, such as aesthetic considerations, character of the neighborhood, and preservation of the scenic nature of the State- designed Scenic Byways Corridor must be heeded to the extent that they do not compromise the tower's effectiveness in the locale it is designed to serve. The 120 ft. height requested is excessive, and grant the requested relief will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In addressing visual concerns, the applicant has offered: a) a neutral color and flagpole design, and b) to locate the structure behind the existing OFD buildings as far south from the Main Road as feasibly possible. These measures do not satisfy the concerns about visibility, since the tower will be visible particularly at the top half portion of the tower where the antennas are visible over the existing buildings and tree lines and not screened from view. A tower structure at 120 feet in height compromises the scenic and historic surroundings along the State designated Scenic Highway Corridor and ia not consistent with the surrounding rural character of this area, with clear visibility from various segments of the lands surrounding the tower site. The installation of this structure at 120 feet instead of 90 feet will create a distinctly commercial view intertering with the historical Page 5 - March 31,2005 Appl. No. 5408 - Orient Fire District 18.-5-13.8 at Orient and rural vistas on the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. It is the opinion of this Board that a 90 ft. high tower would be a reasonable alternative, and would be more conforming to the code limitation for 60 ft. height. 8. At the public hearings, the Board asked the applicant whether the tower could be reduced in height. No proof was offered to show whether a lower structure was in good faith planned and constructed at any other locations, for any periods of times, with alternative designs or at an alternative, lower height. The applicant did not present detailed evidence as to which sites could be or may have been considered in its analysis. There has been no evidence introduced that would demonstrate the grant of the alternative relief of a lesser height will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. 9. Also, after considering the heights of the existing towers in Mattituck and Southold, and the police request for a 90 ft. high AGL system, it is the Board's determination that a 90 ft. tower by the OFD is the minimum necessary to be sufficient for the purposes requested. 10. Grant of the alternative relief, at 90 feet in height, is the minimum action necessary and adequate to enable construction of a communications tower, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 11. Grant of the area variance related to the code required five acres will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The OFD does not own any other property other than the subject parcel, and the benefit cannot be sought by some method, feasible for the applicant to pursue, other than an area variance for the requested minor relief, or 14% reduction from five acres to 4.35 acres, at the existing communications site. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Orlando, and duly carried, to DENY the variance related to the requested 120 ft. height of the tower and to GRANT ALTERNATIVE RELIEF for a 90 ft. high tower, with required screening around the equipment shelter structures; to GRANT the lot size variance for this 4.35 acre site; to GRANT zoning approval under Section 100-162A, for a public safety, wireless communications tower use by the Orient Fire District, confirmed as a special district; and to Page 6 - March 31, 2005 Appl. No. 5408 - Orient Fire District 18.-5-t3.8 at Orient CONFIRM that the Board of Appeals is without authority under Section 100- 162A(3), pursuant to the Board of Appeals Interpretation rendered November 6, 2003 under Appeal No. 5357, and that, in any event, pursuant to Section 100- 162A(5) the restrictions regarding proximity to landmark properties are not applicable to properties within a special district. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Simon. Nay: Member Dinizio. This resolution was duly adopted (4-1). Ruth D. Oliva 4i.~ 105 Approved for Filing ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ . .s~?h~t we can retum the card , Oyste~o~ U~on Free School District 23405 M~]in Road Orient, ~ 11957 -- ' ..... ~21,,~ duly swom, depos~ and say that: v , ailed at the United States ~dL, RETURN RECEIPT elopes addressed to ~ ~e official records on file °. , for eve. -- ~~*~ .~' L' . ~ -aular right-of-way of record, If YES, enter de~iYe~y ~ddress below: \, l'3 No F'I In~ured MaJI I-3 Return Receipt for Merchandlae ' ' t3 C.O.D. - 2. ,reticle Number 4. Restricted Dolivo~r? (Extra F,e) -- I-I -- -~1~0..~,.0~90 0002 7444 PS Form 3811, Februa,.~ 2004 7314 Domest~ Return Receipt iterr Kenneth & Joanne Zahler P.O. Box 754 Cutchogue, ~ 11935 BELARD ~ ~ohn &FrancesMc,~rthur ?.O. BoX 420 Orient, N~ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 2~ 2006: 9:30 A.M. CINGULAPJNEXTELIVERIZON WIRELESS/ORIENT FIRE DISTRICT #5805. Request for Special Exception under Section 100-162A for public utility telecommunications antennas to be co-located with the Fire Department's telecommunications antenna and tower use, and related accessory equipment shelter structure, at the Orient Fire House Parcel, 23300 Main Road, Orient; CTM 18-5-13.8. Zone District: R-80. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or Iinda.kowalski@town.southold.ny.us. Dated: February 6, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN NAMES AND ADDRESSESS OF OWNERS OF PROPERTY ABUTTING AND ACROSS THE STREET FROM THE PREMISES: 23300 Main Road, Orient, NY SCTM# 1000-18-05-13.8 Tax Map No. Name and Address of Owner 18-05-13.7 John and Frances McArthur P.O. Box 420 Orient, NY 11957 18-05-14.1 Kenneth & Joanne Zahler P.O. Box 754 Cutchogue, NY 11935 18-05 - 15.1 Robert Gloria 600 Youngs Avenue Orient, NY 11957 18-05 - 16.1 David Bull 34625 Old Main Road P.O. Box 71 Orient, NY 11957 18-05-18.6 Anne Swick, William Terry III and Julie Cartner 450 Willow Springs Lane York, PA 17372 27-01-11 Cohab Realty Corp. 41 Schermerhom Street Brooklyn, NY 11201 18-02-23.1 Oysterponds Union Free School District 23405 Main Road Orient, NY 11957 18-05-11 Orient Cemetery Route 25 Orient, New York 11957 18-05-12 Calverton Group P.O. Box 455 Orient, New York 11957 25-02-20.18 Rachel & Robert Sorenson P.O. Box 253 Orient, NY 11957 25-02-20.20 Richard J. Gillooly One Sandburg Ct. Mahwah, NJ 07430 6.20 £ SEE SEC. NO. 027 LINE 26,5 GATE ' / ~ ~1 /APPROX. 4-GANG~0AMPMETEESOCKETS ~ ~ ~ ~ m ~ (~COMPOUND PLAN' ~/8" = MAiN-R12~-~- (STATE'~OAD 25) ~ ' I / / POLE LOCUS P~N I~LEY, MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631)425-4100 Telecopier (631)424-4104 Febmary 17, 2006 VIA CERTIFIED MATT, John P.O. Box 420 Orient, NY 11957 RE: New Cingular and New Yort Application to 1 For Special Ex{ Premises: Orie SC2 Dear Sir/Madam: Enclosed is the Legal 2, 2006, at 9:30 a.m. fe The Public Hearing re Virbless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel"); SMSA Limited Partnership d/b/a Verizon Wireless CVerizon") he Town of Southold Zoning Board of Appeals eption Permit #5805 ~t Firehouse, 23300 Main Road, Orient M ~8-5-13.8 qotice with respect to the Public Hearing scheduled on Thursday, March the captioned Application. ~tes to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecom munications antennas inside an approved pole at the Orient Firehouse and to install related equipmeni at the base of the pole. A copy of the site pi an ishowing the location of the proposed pole and equipment is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE, IELSEN & RI~ By: b~,.,~ ~ I~l Lawrence C. R6 LCR:db Enclosures February 17, 2006 VIA CERTIFIED R~ Kenneth, P.O. Box 754 Cutchogue, NY 11935 P~LEY, MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Teleeopier (631) 424-4104 URN RECEIPT MAll, RE: New Cingular and New Application For S Premises: Dear Sir/Madam: , LLC ("Cingnlar"); Nextel of New York, Inc. ("Nextel"); Partnership d/b/a Verizon Wireless ("Verizon") iouthold Zoning Board of Appeals //5805 23300 Main Road, Orient scl Enclosed is the Legal 2, 2006, at 9:30 a.m. The Public Heating utility to install related et A copy of the site pi enclosed. Should you undersigned. Very truly yours, MUNLEY, MEADE, By: b,~ LCR:db Enclosures Lawrence with respect to the Public Heating scheduled on Thursday, March captioned Application. to a proposal by Cingular, Nextel and Verizon to co-locate public antennas inside an approved pole at the Orient Firehouse and : at the base of the pole. ~showing the location of the proposed pole and equipment is also aye any questions with respect to the Application, you may contact the El ,SEN e. ~LEY, MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 February 17, 2006 VIA CERTIFIED R~ RECEIPT MAll, .~rt Gloria Youngs Avenue nt, NY 11957 New Cingular' ir ,less PCS, and New York SI~ iSA'Limit Application to'he l'own of S For Special Ex,pl ion Permi Premises: Orie I ~-41rehouse, SCq 4 [8<;-13.8 Sir/Madam: ~)sed is the Legal ol [ce lWith r. ,06, at 9:30 a.m. fc tlqe captione Public Heating re rtes to a pre y wireless telecorrmu aications ~ ~tall related equip~ aenI at the ba ~py of the site p n shgwing ~sed. Should you m e any que rsigned. , truly yours, ILEY, MEADE, ~ lIE~SEN & 1: Robert ~ 600 Y~ Orient RE: PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel"); ted Partnership d/b/a Verizon Wireless ("Verizon") Southold Zoning Board of Appeals #5805 23300 Main Road, Orient Dear Ench .pect to the Public Hearing scheduled on Thursday, March 2, ~pplication. Th~ proposal by Cingular, Nextel and Verizon to co-locate public utilit inside an approved pole at the Orient Firehouse and to inst : of the pole. A co the location of the proposed pole and equipment is also enclosed, uestions with respect to the Application, you may contact the undersi Very By: LCR:db Enclosures M~LEY, MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 February 17, 2006 VIA CERTIFIED Rg David Bull 34625 Old Main Road Orient, NY 11957 YURN RECEIPT MAll, New Cingular '~qir~less P. CS., LLC ("Cingular"); Nextel of New York, Inc. ("Nextel"); and New York SMSA L~mlted Partnership d/b/a Vefizon Wireless ("Vefizon") Application to the Town of Southold Zoning Board of Appeals For Special Ex{epfion Permit #5805 Premises: Orient ~irehouse, 23300 Main Road, Orient SCTM 18-5-13.8 Dear Sir/Madam: " Enclosed is the Legal Notice with respect to the Public Heating scheduled on Thursday, March 2, 2006, at 9:30 a.m. foi* the captioned Application. The Public Heating relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommuhications antennas inside an approved pole at the Orient Firehouse and to install related equipment at the base of the pole. A copy of the site plan showing the location of the proposed pole and equipment is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. I Very truly yours, MUNLEY, MEADE, NIELSEN & Pr2 By: /~w~ ~. I~ Lawrence !C. R6 LCR:db Enclosures 1~ JLEY, MEAD 36 North Ne~ Huntington, 1N (631) 4 Tele~ (631) 4 February 17, 2006 VIA CERTIFIED R~ FI/RN RECEIPT MAll Anne Swick, William . en ~ I]& Julie Carmer 450 Willow Springs L~ ne York, PA 17372 RE: New Cingular Vir~ ~lesPCS, LLC ("Cinl and New York SIvSA Limited Partnersl: Application to 1 he'?ov a of Southold Zor For Special Ex~ epton ~ermit #5805 Premises: Ode ~t F irel)use, 23300 Main SCRIM 8-~ -13.8 Dear Sir/Madam: Enclosed is the Legal i ',lot ce ~ith respect to th{ 2, 2006, at 9:30 a.m. fcth s cz~tioned Applicatk l'he Public Hearing re [ate tt a proposal by Ci atility wireless telecommu fic~:ions antennas ins Io install related equipr ~en: at he base of the pol 4. copy of the site p an she ring the locatior :nclosed. Should you haxe a y questions with ~ndersigned. Very truly yours, ViUNLEY, MEADE,/~ 'IE] ~SE q & P~ 3y: /~2~.,~ Lawrence C. i ~b ;CR:db ~nclosures , NIELSEN & RE New York Avenue New York 11743 425-4100 pier 424-4104 gular"); Nextel of New York, Inc. ("Nextel"); ~p d/b/a Verizon Wireless ("Verizon") g Board of Appeals Road, Orient Public Heating scheduled on Thursday, March gular, Nextel and Verizon to co-locate public de an approved pole at the Orient Firehouse and of the proposed pole and equipment is also the Application, you may contact the i~ JLEY, MEAD] 36 North New Huntington, N, (631) 4: Telec (631) 4: February 17, 2006 VIA CERTIFIED R~ TI Rb RECEIPT MAIl Cohab Realty Corp. 41 Schermcrhorn St. Brooklyn, NY 11201 RE: New Cingular ~ Vir, :lesPCS, LLC ("Cing and New York SI~iS~4Limited Partnersh Application to ~hc '[~ova of Southold Zon For Special Ex~ ept ion ~ermit #5805 Premises: Orie at titel~usc, 23300 Main SCl M .8-:-13.8 Dear Sir/Madam: Enclosed is the Legal `4o!ice vith respect to the 2, 2006, at 9:30 a.m. f¢ r tl~ : c:)tioned Applicatic The Public Hearing re [ates t(a proposal by Ci utility wireless telccorr mu aic~5ons antennas insi to install related equip~ hen : athe base of thc poh A copy of thc site p an she ~ing the location enclosed. Should you hax e a y questions with ~ undersigned. Very truly yours, MUNLEY, MEADE, ? [lEi~S[ '4 & Pal2 Lawrence C. >.6 LCR:db Enclosures , NIELSEN & RE v York Avenue New York 11743 425-4100 ~pier 424-4104 gular"); Nextel of New York, Inc. ("Nextel"); p d/b/a Verizon Wireless ("Verizon") [g Board of Appeals ad, Orient the Public Heating scheduled on Thursday, March gular, Nextel and Verizon to co-locate public inside an approved pole at the Orient Firehouse and of the proposed pole and equipment is also respect to the Application, you may contact the February 17, 2006 VIA CERTIFIED Oyster Ponds Union 23405 Main Road Orient, NY 11957 OLEY, MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 RE: New Cingular~ and New Application to' For ~ Premises: Dear Sir/Madam: Enclosed is the Legal 2, 2006, at 9:30 a.m. The Public Hearing utilit) to install related, A copy of the site p enclosed. Should you undersigned. Very truly yours, MUNLEY, MEADE, By: t~,~.,,a t PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel"); Partnership d/b/a Verizon Wireless CVerizon") n of Southold Zoning Board of Appeals #5805 23300 Main Road, Orient -13.8 respect to the Public Hearing scheduled on Thursday, March flication. a proposal by Cingular, Nextel and Verizon to co-locate public inside an approved pole at the Orient Firehouse and the pole. the location of the proposed pole and equipment is also uestions with respect to the Application, you may contact the LCR:db Enclosures MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 February 17, 2006 VIA CERTIFIED Orient Cemetery Route 25 Orient, NY 11957 RECEIPT MAII, RE: New Cingular ~ and New Application to ~ For Premises: Dear Sir/Madam: Enclosed is the Legal 2, 2006, at 9:30 a.m. The Public Hearing utility to install related ~ A copy of the site enclosed. Should you undersigned. Very truly yours, MUNLEY, MEADE, By: D.~,~t~ PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel"); Parmership d/b/a Verizon Wireless ("Verizon") a of Southold Zoning Board of Appeals #5805 23300 Main Road, Orient -13.8 respect to the Public Heating scheduled on Thursday, March ~pplication. a proposal by Cingular, Nextel and Verizon to co-locate public inside an approved pole at the Orient Firehouse and of the pole. the location of the proposed pole and equipment is also vith respect to the Application, you may contact the LCR:db Enclosures MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 February 17, 2006 VIA ( Calverton Group C/o GR Latham Jr. P.O. Box 455 Orient, NY 11957 New Cingular ~Vireles~ PCS, LLC ("Cingular"); Nextel of New Yo~,k,, Inc. (".N, extel"); and New YorkrSMSPd Limited Partnership d/b/a Vefizon Wireless ( Verizon ) Application to 1 n of Southold Zoning Board of Appeals For 'ermit #5805 Premises: Orie 23300 Main Road, Orient -13.8 Dear Sir/Madam: Enclosed is the Legal 2, 2006, at 9:30 a.m. respect to the Public Heating scheduled on Thursday, March The Public Hearing utility wireless to install related et a proposal by Cingular, Nextel and Verizon to co-locate public antennas inside an approved pole at the Orient Firehouse and A copy of the site enclosed. Should undersigned. the location of the proposed pole and equipment is also questions with respect to the Application, you may contact the Very truly yours, MUNLEY, MEADE, By: t~w~ LCR:db Enclosures Febmary 17, 2006 VIA i Rachel & Robert P.O. Box 523 Orient, NY 11957 ~ OLEY, MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 MAIL RE: New Cingular and New Application to For Special Ex Premises: Ori~ Dear Sir/Madam: Enclosed is the Legal 2, 2006, at 9:30 a.m. The Public Hearing utility wireless to install related et A copy of the site enclosed. Should undersigned. Very truly yours, MUNLEY, MEADE, By: t~,~,a ;PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel"); Limited Partnership d/b/a Verizon Wireless ("Verizon") of Southold Zoning Board of Appeals 23300 Main Road, Orient .13.8 ~ect to the Public Hearing scheduled on Thursday, March dication. a proposal by Cingular, Nextel and Verizon to co-locate public antennas inside an approved pole at the Orient Firehouse and of the pole. the location of the proposed pole and equipment is also aestions with respect to the Application, you may contact the &RI2 LCR:db Enclosures ~ OLEY, MEADi 36 North New Huntington, N (631) 4: Telec (631) 4: ?ebmary 17, 2006 VIA CERTIFIED R~ Fl_R15 RECEIPT MAIl >,ichard J. Gillooly 3ne Sandburg Ct. vlahwah, NJ 07430 ~E: New Cingular ! ¥ir~'les PCS, LLC ("Cing and New York SI~iSA Limited Partnersh Application to he Fo~ n ofSouthold Zon For Special Ex~ :epl ion ~ermit #5805 Premises: Orie at t ire]Duse, 23300 Main SCqM L8-:-13.8 )ear SirfMadam: ~nclosed is the Legal ',lot [ce vith respect to the ~, 2006, at 9:30 a.m. fe r tlq e c~~tioned Applicatic ['he Public Heating re late s t(a proposal by Ci ttility wireless telecorr mu aic~:ions antennas insi o install related equipx aen: athe base of the poh k copy of the site p an she ring the location :nclosed. Should you haxe a y questions with: Indersigned. lery truly yours, AUNLEY, MEADE, ~ [1El ~SI:q[ & RI~ Lawrence C. ~6 .CR:db !nclosures B E, NIELSEN & RE York Avenue New York 11743 425-4100 ,pier 424-4104 gular"); Nextel of New York, Inc. ("Nextel"); p d/b/a Verizon Wireless ("Verizon") tg Board of Appeals Road, Orient ublic Hearing scheduled on Thursday, March gular, Nextel and Verizon to co-locate public approved pole at the Orient Firehouse and of the proposed pole and equipment is also to the Application, you may contact the · Complete items 1,2, and 3. Also complete item 4 if Restfieted Delivery is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~icle Addressed to: A. $1gn=ture [] Agerff X [] AddmSsee~ B. Received by ( Prfnt~d Name) C. Date of Delivery isdeliveryaddressdiffers~tflomltem 17 r-I Yes If YES, enter dellve~ addreSS below: I-~ NO Orient Cemetery Route 25 Orient, NY 11957 2. Article Number 0'mn~er ~am ~ tt~e0 p'-~-~orm 3811, February 2004 [3. Se~i~e Type Certified Mall I""1 Expfees Mail / ~egistered n Retum Receipt for Memhandise J r'l insured Mall r'l C.O.D. -- E Restricted Delive~ ~Ex~a Fee) r'l yes ~ 7005 0390 0002 7444 7321 Domestic Return Receipt ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF.HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.noffiffork.net February 8, 2006 Re: Town Code Chapter 58 - Public Notices for Thursday, March 2, 2006 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before February 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than February 22"d: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Not Later Than February 22nd.' Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and posted till the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postinq during the meeting, or mail it to us before the hearing date. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. 9.2 [8.5 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: VERIZON, NEXTEL & ano. #5805 MAP #: 18-5-13.8 APPEAL: Special Exception REQUEST: Public Utility-Telecomun. Use DATE: THURS., MAR. 2, 9:30 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda. Kowalski~,Town.Southold.ny.us Jayne. Martin~,Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET RE: MESSAGE: ( for your information ) Correspondence or ( ) document attached related to the above Thank you. Pages attached: ~)~ . DELIVERED 1 / '}. '~- TO: ZBA TRANSMITTAL (WITHOUT COVER LETTER) / 06 10:4§ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicant~) CTMParceI#1000- 6-~ - ~ - COUNTY OF SUFFOLK) STA'IIg OF NEW YORK) 1~ <~ff ~..xJxx~r.l~, r~ew '~ork, ming duly maxem, dc~ose and say t~t: ' ' On the Porn Office in~ NewYor~'" by 'CBR~DI ~momlly ~,mtil~ ~at the Uni~d~TS~tes ~Q~S~, a ~e co~ of the a~ched ~1 Notice in prod envelops a~ to c~em o~m shem on ~ ~e (~ Assessors, or ( ) ~un~ Real Prepay ~ , for ~e~ pmpe~ which abuts and is across a public or private s~et, or vehicul~ fightmf-my of r~or~ su~ounding ~e applimnt's pm~y. / Sworn to before me this [ 3 day of tvl,6~Oqr ,200 fi USB Return Receipt Fee (Endorsement Required) Restricted Delivery Fee ( Eedorseme~t Required) 0.63 UNII tD: 0733 2,40 '?-9 Tolal po~lae & F~s $ 4,88 03/14/06 ........... ........... 1 / (Signamm) ERIK HEULER Notary Public, State of New York No, 01HE6001183 Qualified in Suffolk County Commission Expires January 5, 20~ or on a sheet of paper the lot numbers next to the cos were mail~-y~ ................. Baldwin ~uriel Family 1045 Island View Lane Greenport, NY 11944 57-2 -21 Susan Horn Mulholland Living 725 Island View Lane Greenport, NY 11944 57-2-37.1 Edwin M. Latson 1495 Island View Lane Greenport, NY 11944 57-2-42.1 Anthony and Mary Salvatore 4555 Carriage Run Circle Murrells Inlet, SC 29576 57-2-19 Ms. Virginia Bontje 71 Nautilus Avenue Northport, NY 11768 57-2-23 MUNLEY~ MEADE, NIELSEN March 22,2006 (631) 425-4104 VIA UPS Ms. Linda Kowalski Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Orient (Town of Southold) Application to the Zoning Board of Appeals Premises: Orient Fire District 23300 Main Road, Orient, NY Dear Linda: With regard to the captioned application, we enclose herewith, the returned certified mail green card receipts. This will supplement our previous filings of March 17, 2006 and march 20, 2006. Should you have any questions, please do not hesitate to communicate with the undersilmaed: __ _ . · · Con · Complete items 1, 2, and 3. AJso Complete Iten~ item 4 if Restricted Dellvery is desired. · · Prin · Print your name and address on the reverse so t; s~that we can return the card to you. · · Atta · A~ach this card to the back of the rnailpiece, or c o~lon the front if space permits. 1 1, At~i(~ 1. Article Addressed to: Dali John & Frances McArthur 346 P.01 Box 420 P.O Orient, NY 11957 Ori, 2 2. Artl 2. Article Number C~_ (rr~s. fer from ~"vl~/~0 P PS Fo PS Fo~ 3811, Febm~ 20~ 7005 0390 0002 7444 7437 Domestic Return Receipt 102595412-M-1540 ! MUNLEY~ MEADE, NIELSEN & ]~1~ (516) 487-0500 (516) 487-6539 (631) 425-4100 (631) 425-4104 March 20, 2006 VIA UPS Ms. Linda Kowalski Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Orient (Town of Southold) Application to the Zoning Board of Appeals Premises: Orient Fire District 23300 Main Road, Orient, NY .. Dear Linda: With regard to the captioned application, we enclose herewith, the Affidavit of Mailing and the returned certified mail green card receipts. This will supplement our previous filing of March 17, 2006. Should you have any questions, please do not hesitate to communicate with the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN & RI~ By: Lawre~ce C. R& Lawrence C. R~ LCR/cp Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of New Cingular Wireless PCS, LLC, Nextel of New York, Inc. and New York SMSA Limited Partnership d/b/a Verizon Wireless (Name of Applicants) CTM Parcel #1000- 18 5 13.8 AFFIDAVIT OF MA/LINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) i,~Christine Pepperman residing at Kings Park _, New York, being duly sworn, depose and say that: On the 17 day of March 20p6 , 1 personally mailed at the United States Post Office in Halesite , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office , for every property wlfich abuts and is across a public or privs;e street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this I'-/'~day of 1~(3)'~Cc' (Signature) Christine reppperman x~ · 0o.,%. ,, oestflcted Delivery is aes,,o,~. 0'qotary PI bl · pfint your name and addmSs on the reveme so that we ca ~. ok~ hack of the maflpiece. · Attach this cam to ,-~ - PLEASE list, on the or on the ~ont il space permRs. ownermamcs~andad( ~. aruo~ ~.~s~d to: Rachel & Robert Sorenson p.O. Box 253 Orient, NY 11957 7005 0390 0002 7442 6425 · 2. ~tl¢~eNumber ,.~,~n '~[Ir, J~3 U~ l.U ~---- 10259541g-,M-1540 --' '(Transfi~ ~ service lam~/~,na Domestic Return Receipt : PS Form 3811, FebmmY 20~', · Complete items 1 2, and 3. Also COmplete item 4 if Restr/cted De~ive~ is desired. · Pdnt you~Jlame and address on the reverse so that t~ can return the card to YOU 1. A~ticle Ad~ to: Orient Cemetery Route 25 Orient, New York 11957 A. Signature X [] ~;e.t ~ ~e of Delivery D. Is delivery address differ~t f~om item 1 ? r-i y~-~ ;f YES, enter deJlvery address below: i-3 No [] [] C.O.D. 2. Art~e Number 4. Restricted Delive~r? (Ex~a Fee) r'~ Yes cr~rtmm~an,~ 7005 0390 0002 7444 7499 i Ps Fo~ 3811, 03/20/200~ ~8:25 PAGE 01/02 MUNLEY, MEADE, NIELSEN & P~ ATTORNEYS AT LAW 36 North New York Avenue Hautlugton, New York 11743 (631) 425-4100 Telecopler (631) 4254104 TELECOPY TO THE FOLLOWING NUMBER: 631-765-9064 NAME: Ms. Linda Kowalski Application of New Cingular Wireless PCS, LLC, CC/ngular") Nextel of New York, Inc. ("Ncxtel") and New York SMSA Limited partnership d/b/a Verizon Wireless ("VerizOn Wireless") For Special Exception Approval Proposed Wireless TelecorltmumcatRms Facility Premises: Orient Fir~ District 23300 Main Road Orient, New Yo~k .SCTM#: Section I8, Block~ Y ~t 13.8 NAME: DATE: MESSAGE: Christine Peppcrman March 21, 2006 Transmitted herewith is the list of property owners to whom notices were mailed w~th respect to the captioned matter. This will supplement our Affidav/t of Mailing, which you should receive today via UPS. Thank you. TOTAL NUMBER OF PAGES: 2 (Including Cover Page) PLEASE NOTE The information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive such information. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please notify us immediately by telephone at (631) 425-4100. Thank yOU. 18:25 PAGE 02/02 NAMES AND ADDRESSESS OF OWNERS OF PROPERTY ABUTTING AND ACROSS THE STREET FROM THE PREMISES: 23300 Main Road, Orient, NY SCTM# I000-18-05-13.8 Tax Map No. Name and Address of Owner 18-05-13.7 John and Frances McArthur P.O. Box 420 Orient, NY 11957 -¥8-05-14.1 Kenneth & Joanne Zahler ' P.O. Box 754 Cutchoguc~ NY 11935 -]-8-05-15.1 Robert Gloria 600 Youngs Avenue Orient, NY 11957 18-05-16.1 David Bull 34625 Old Main Road P.O. Box 71 Orient, NY 11957 18-05-18_6 Amae Swick, William Terry IH and Jul/e Cartrter 450 Willow Springs Lane York, PA 17372 27-01-11 Cohab Realty Corp. 41 Schermerhom Street Brooklyn, NY 11201 [' 18-02-23.1 Oysterpond~ Union Free School District 23405 Ma/n Road Orient, NY 11957 18-05-11 Orient Cemetery Rome 25 Orient, New York 11957 18 -05-12 Calverton Group P.O. Box 455 Orient, New York 11957 -25-02-20.18 Rachel & Rob eft Sorenson P~O. Box 253 Orient, NY 11957 25-02-20.20 R/chard J. Gillooly One $andburg Ct, Mahwah, NJ 07430 CONTRACTOR'S NOTES THE CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS AND LAWFUL ORDERS OF ANY PUBLIC AUTHORITY, MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS, AND LOCAL AND STATE JURISDICTIONAL CODES BEARING ON THE PERFORMANCE OF THE WORK. THE WORK PERFORMED ON THE PROJECT AND THE MATERIALS INSTALLED SHALL BE IN STRICT ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, AND ORDINANCES, 2. THE ARCHITECT/ENGINEER HAS MADE EVERY EFFORT TO SET FORTH IN THE CONSTRUCTION AND CONTRACT DOCUMENTS THE COMPLETE SCOPE OF WORK. THE CONTRACTOR BIDDING THE dOB IS NEVERTHELESS CAUTIONED THAT MINOR OMISSIONS OR ERRORS IN THE DRAWINGS AND OR SPECIFICATIONS SHALL NOT EXCUSE HIM FROM COMPLETING THE PROdEET AND IMPROVEMENTS IN ACCORDANCE WITH THE INTENT OF THESE DOCUMENTS. 5, THE CONTRACTOR OR BIDDER SHALL BEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITING) BEACON WIRELESS MANAGEMENT OF ANY CONFLICTS, ERRORS, OR OMISSIONS PRIOR TO THE SUBMISSION OF CONTRACTOR'S PROPOSAL OR PERFORMANCE OF WORK. IN THE EVENT OF DISCREPANCIES THE CONTRACTOR SHALL PRICE THE MORE COSTLY OR EXTENSIVE WORK, UNLESS DIRECTED IN WRITING OTHERWISE. 4 THE SCOPE OF WORK SHALL INCLUDE FURNISHING ALL MATERIALS, EQUIPMENT, LABOR AND ALL OTHER MATERIALS AND LABOR DEEMED NECESSARY TO COMPLETE THE WORK/PROJECT AS DESCRIBED HEREIN. 5 THE CONTRACTOR SHALL VISIT THE JOB SITE PRIOR TO THE SUBMISSION OF BIDS OR PERFORMING WORK TO FAMILIARIZE HIMSELF WITH THE FIELD CONDITIONS AND TO VERIFY THAT THE PROJECT CAN BE CONSTRUCTED IN ACCORDANCE WITH THE CONTRACT DOCUMENfS. 6, THE CONTRACTOR SHALL OBTAIN AUTHORIZATION TO PROCEED WITH CONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED BY THE CONSTRUCTION DRAWINGS / CONTRACT DOCUMENTS, 7 THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS ACCORDING TO THE MANUFACTURER'S / VENDOR'S SPECIFICATIONS UNLESS NOTED OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES fAKE PRECEDENCE. 8 THE CONTRACTOR SHALL PROVIDE A FULL SET OF CONSTRUCTION DOCUMENTS AT THE SITE UPDATED WITH THE LATEST REVISIONS AND ADDENDUMS OR CLARIFICATIONS AVAILABLE FOR THE USE BY ALL PERSONNEL INVOLVED WITH THE PROJECT. 9 THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE PROJECT DESCRIBED HEREIN. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND PROCEDURES AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT 10 THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL PERMITS AND INSPECTIONS WHICH MAY BE REQUIRED FOR THE WORK BY THE ARCHITECT/ENOINEER, THE STATE, COUNTY OR LOCAL GOVERNMENT AUTHORITY 11. THE CONTRACTOR SHALL MAKE NECESSARY PROVISIONS TO PROTECT EXISTING IMPROVEMENTS, EASEMENTS, PAVING, CURBING, ETC, DURINO CONSTRUCTION. UPON COMPLETION OF WORK, THE CONTRACTOR SHALL REPAIR ANY DAMAGE THAT MAY HAVE OCCURRED DUE TO CONSTRUCTION ON OR ABOUT THE PROPERTY, 12 THE CONTRACTOR SHALL KEEP THE GENERAL WORK AREA CLEAN AND HAZARD FREE DURING CONSTRUCTION AND DISPOSE OF ALL DIRT, DEBRIS, RUBBISH AND REMOVE EQUIPMENT NOT SPECIFIED AS REMAINING ON THE PROPERTY. PREMISES SHALL BE LEFT IN CLEAN CONDITION AND FREE FROM PAINT SPOTS. DUST, OR SMUDGES OF ANY KIND. 15. THE CONTRACTOR SHALL COMPLY WITH ALL OSHA REQUIREMENTS AS THEY APPLY TO THIS PROJECT. 14 THE CONTRACTOR SHALL NOTIFY BEACON WIRELESS MANAGEMENT WHERE A CONFLICT OCCURS ON ANY OF THE CONTRACT DOCUMENTS, THE CONTRACTOR IS NOT TO ORDER MATERIAL OR CONSTRUCT ANY PORTION OF THE WORK THAT IS IN CONFLICT UNTIL CONFLICT IS RESOLVED BY BEACON WIRELESS MANAGEMENT 15 THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS, ELEVATIONS, PROPERTY LINES, ETC, ON THE JOB. 16, ALL UNDERGROUND UTILITY INFORMATION WAS DETERMINED FROM SURFACE INVESTIOATIONS AND EXISTING pLANS OF RECORD. THE CONTRACTOR SHALL LOCATE ALL UNDERGROUND UTILITIES IN THE FIELD PRIOR TO ANY SITE WORK, DIG SAFE 3 WORKING DAYS BEFORE YOU DIG CALL TOLL FREE 800-962-7962 UNDERGROUND SERVICE ALERT SITE NAME: ORIENT FIRE DISTRICT 23300 MAIN ROAD (S R 25) ORIENT, NY 11957 CO-LOCATION ON 90 FOOT FLAGPOLE TYPE STRUCTURE VICINITY MAP NO SCALE NORTH DRIVING DIRECTIONS RT. 25 EAST FROM RIVERHEAD TOWARD ORIENT POINT FERRY. FIRE STATION IS ON RIGHT IN ORIENT. PROJECT SUMMARY GEN CONTRACTOR'S NAME & ADDRESS: CONTACT NAME: PHONE NUMBER: ELEC. CONTRACTOR'S NAME & ADDRESS: CONTACT NAME: PHONE NUMBER: PROJECT SUMMARY SITE CASCADE NO: SITE NAME: ORIENT FIRE DISTRICT SITE ADDRESS: ASSESSOR'S PARCEL IDENTIFICATION: 25500 MAIN ROAD (S,R. 25) ORIENT, NY 11957-1102 MAP: SECTION 018BLOCK: 5 LOT: 13.8 DEED BOOK/PAGE: BOOK: PAGE: GOVERNING JURISDICTION: TOWN OF SOUTHOLD CURRENT ZONING: GOVERNING CODE: N.Y,STATE BLDG. CODE CONSTRUCTION ANTENNA ARRAY - USE GROUP U CLASSIFICATION: PROPERTY OWNER'S ORIENT FIRE DISTRICT NAME AND ADDRESS; 25500 MAIN ROAD ORIENT NY CONTACT NAME: PHONE NUMBER: 11957-1102 APPLICANT'S NAME BEACON WIRELESS & ORIENT P.D. & ADDRESS: PO BOX 505 HAMPTON BAYS NY 11946 CONTACT NAME: VINCENT CANNUSCIO PHONE NUMBER: 651-4.84-54.45 ARCHITECT/ENGINEER'S MICHAEL WALKER DESIGN/BUILDER, NAME & ADDRESS: 500 HORSENECK ROAD SOUTH DARTMOUTIIBA 0274.8 CONTACT NAME: MICHAEL WALKER, AIA PHONE NUMBER: (508) 287-4.515 LLC POWER PROVIDER: CONTACT NAME: PHONE NUMBER: TELEPHONE PROVIDER: CONTACT NAME: PHONE NUMBER: LONG ISLAND POWER AUTHORITY NAME AREACODE-PHONENUMBER NAME NAME AREACODE-PHONENUMBER PROJECT COORDINATES LATITUDE: N 4.1' 8.579 (NAD 85) LONCTITUDE: W 72' 17.981 (NAD 85) GROUND ELEV., AMSL (NAVD 88) SHEET INDEX SHT, REV. DESCRIPTION NO. NO, T1 TITLE PAGE 8 A1 PLOT PI_AN & POLE ELEVATION 4- A2 PLNTG PLAN, COMPD PLAN 6~- BUILDING DEPT. NOTES 1. THIS TOWER INSTALLATION AND ASSOCIATED TELECOMMUNICATION SHELTERS AND EQUIPMENT ARE UNMANNED AND A SECURED EQUIPMENT INSTALLATION. EACH FACILITY IS MONITORED FROM A REMOTE LOCATION. EACH FACILITY IS ONLY ACCESSED BY TRAINED TECHNICIANS EVERY 4 TO 6 WEEKS. THEREFORE, THE COMPOUND DOES NOT REQUIRE ANY WATER AND WILL NOT GENERATE ANY SEWAGE EFFLUENT OR OTHER TRASH WASTE. 2. THE ESTIMATED VEHICLE TRIP GENERATION CREATED BY THE INSTALLATION OF TIHIS COMPOUND IS 6 TRIPS PER MONTH COMBINED. THE AVERAGE DAILY TRIP GENERATION RATE (ADT) IS .2 TRIPS PER MONTH. 3. THiS TELECOMMUNICATIONS COMPOUND IS NOT GOVERNED BY REGULATIONS REQUIRING PUBLIC ACCESS PER ADA REQUIREMENTS. 4. THE INSTALLATI~ON OF THIS TELECOMMUNICATIONS COMPOUND REQUIRES NOq ADDITIONAL PARKING SPACE(S), NAR MANAGEMENT P.O, BOX 505 HAMPTON BAYS, NY 11946 Tel' 651.484,54¢5 Fox: 631,728.5546 MICHAEL WALKER DESIGN/BUILDER, IIc 500 Horseneck Rood Dartmouth, MA 02748 Tel: (508) 287-'~-515 Fox: (508) 300-6051 E-moil: mwdb@comcdsLAet I PROJECT NO: MWDB.ORIENT I I DRAWN BY: MW I ICHECKED BY: I ICAD FILE: ORIENTFD.T1 I SUBMITTALS 06/01/05 90' POLE 12/21/04, IiANOSCAP£ 10-5-04, ANT REVS 4/30/04 A1 REV 3/17/04 LANDSCAPE 2/23/06 RELOCATE-REAR OF NEXT,CING,VERZ 4FORMATION CONTAINED IN THIS )F DOCUMENTS IS PROPRIETARY ANY USE OR DISCLOSURE R THAN THAT WHICH RELATES TO BEACON WIRELESS MANAGEMENT IS STRICTLY PROHIBITED. IF THIS DRAWING IS NOT 24"x$6", LT IS NOT TO SCALE, PROFESSIONAL SEAL SITE ORIENT FIRE DISTRICT 25300 MAIN ROAD ORIENT N.Y. 11957 SHEET TITLE TITLE PAGE MAIN ROAD (STATE ROAD 25) N 80--51'-30" E 226.00' TPICAL EMS RR65-12-XX-DBL ANTENNA ¢8"X 12"X 142' S 83--03'-50" W TOP DIA, 0 15' SCALE' 30' 1" = 30' 60' TPICAL EMS RR6518 ANTENNA 56" X 8" X 2.75" 12.75" O,D. MOUNTING " POLE BASE PLATE AT GROUND LEVEL ANCHOR BOLTS TYP. EMS DR6518 ANTENNA 54"X 12" X 4" ~)ANTENNA LAYOUT AT ELEV. 90' AGL ~/2" = ~'-o" (E) PAVEMENT & PARKING ~----------~/v 87- , AREA(S) ~~ LAWN 570.70' (~) PLOT PLAN 1" = 30' PLOT PLAN INFORMATION TAKEN FROM SURVEY PREPARED BY PECONIC SURVEYORS. P.C., P.O. BOX 909,, SOUTHOLD N,Y. TITLED SURVEY OF PROPERTY FOR ORIENT FIRE DISTRICT AT ORIENT, TOWN OF SOUTHOLD OATIED dULY 2, 2002. 'lOP DIA SOUTHOLD TOWN POLICE PUBLIC SAFETY--90' AGL 6~ MIN 6' MIN O FLUSH MONOPOLE ELEVATION 1/8" = 1 '-0" 12'-8" VHF VERTICAL WHIP ~ 0 BEG (DB-222) PORT WITH BOOT 10'-6" "LOWBAN D" VERTICAL ENNA @ 180 DED (RFS-1142) ORIENT FIRE DISTRICT -90' AGL TO CENTER OF CONCEALED · NEXTEL ANTENNAS 75' TO CENTER OF CONCEALED · CINGULAR ANTENNAS 65' TO CENTER OF CONCEALED ' VERIZON ANTENNAS STYLE MONOPOLE WITH FLUTED CONTOUR TO BE PAINTED WHITE BEACON WIRELESS MANAGEMENT P.O, 80X 303 HAMPTON BAYS, NY 11946 Tel: 631.484,5445 Fox: 651,7285546 w] MICHAEL WALKER DESIGN/BUILDER, IIc 500 Horseneck Road Dartmouth, MA 02748 Tel: (508) 287-4515 Fox: (508) 300-6051 E-moiL mwdb@comcosLnet PROJECT NO: OrientFD I DRAWN BY: MW I CHECKED BY: CAB FILE: ORIENTFD.A1 I THE INFORMATION CONTAINED IN THIS SE1 OF DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHE6 THAN THAT WHICH RELATES TO BEACON WIRELESS MANAGEMENT IS STRICTLY PROHIBITED. iF THIS BRAWING IS NOT 24"x36", IT IS NOT TO SCALE, PROFESSIONAL SEAL SITE ORIENT FIRE DISTRICT 23300 MAIN ROAD ORIENT N.Y. 11957 SHEET TITLE PLOT PLAN & POLE ELEVATION SHEET NUMBER A1 REAR C GATE Z 3" LAYER STONE PAVING OVER WEED BLOCK FABRIC THROUGHOUT COMPOUND TYP. BITUMINOUS CURB PLANTING BED -SEE PLANTING SCHEDULE AS PART OF FIRE DEPARTMENT APPROVAL I O'X 23' CONC PAD EQUIPMENT CABINETS IN 10' X 12'X SO'VERIZON SHELTER IN 16'X34' LEASE AREA CONC. DOOR PAD(S) 12' X 20' NEXTEL SHELTER IN 16'X24' LEASE AREA V V X 19' 24' WITH CINGULAR OUTDOOR 25' LEASE AREA 43' FENCE COMPOUND/LANDSCAPE PLAN 1/4" = 1' 0" 12' ACCESS GATE -- 414 4 4' GATE 12'-6" ~ EXISTING CONCRETE PAB NEXTEL PARKING (NO CHANGE) AND GENERATOR FOR BEACON WIRELESS MANAGEMENT P.O. BOX 303 HAMPTON BAYS, NY 11946 Tel: 651,484,5445 Fax: 651,728.5546 BUMPSTER PAD FOR FIRE DEPARTMENT 6' CHAIN LINK FENCE WITH BLACK SLATS AND NO BARBED WIRE 90' HIGH FLAGPOLE TYPE WITH SIDE ARM MOUNTS MONOPOLE MICHAEL WALKER DESIGN/BUILDER, IIc 500 Horseneck Rood Dertmouth, MA 02748 Tel: (508) 287-4513 Fax: (508) 300-6051 E-mail; mwdb@comcast.neL I PROJECT NO: MWDB.ORIENT I I DRAWN BY: MW I CHECKED BY: I CAB FILE: ORIENTFD.A2 -- (4) 2OOAMP ELECTRICAL DISCONNECTS WITB METER SOCKETS SUBMITTALS NEW BITUMINOUS CURB NEW PAD MOUNTED ELECTRICAL TRANSFORMER EDGE OF EXISTING BITUMINOUS PARKING LOT TO BE RELOCATED 6-30-05 NEXT,VERZ,CING \ I 90' POLE 12/21/04 PLANTING BED 11/24/04 AT&T/CiNOULAR 5/17/04 ¢9 TREES FOR CONSTRUCTION THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE, ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO BEACON WIRELESS MANAGEMENT IS STRICTLY PROHIBITED. IF THIS DRAWING IS NOT 24"x56", IT IS NOT TO SCALE SITE ORIENT FIRE DISTRICT 25300 MAIN ROAD ORIENT N.Y. 11957 SHEET TITLE COMPOUND PLAN WITH PLANTING SHEET NUMBER A2 ORIENT C / MAIN ROAD ORIENT CEMETERY ZONING DISTRICT oYsTERPONDS UNION scHOOL Ny.S, Rte 25) ZONING DIS TR/C T B ORIENT FIRE DISTRICT ZONING DISTRICT R 80 ZONING VACANT RIGHT OF WA Y DISTRICT R 80 MAP OF PROPERTIES A T ORIENT TO WN OF SOUTHOLD SUFFOLK COUNTY, N Y. I000.-18-05-13.8 Scale.. I"= 100' Feb. 11, 2005 P. O. BOX 909 1230 TRAVELER ,gTREET SOUTHOLD~ N.Y. 11971 UR VEY OF PROPEI~ TY FOR ORIENT FIRE DISTRICT AT OI~IENT TO ~rN OF SOUTHOLD SUFFOLK COUNTY 4O 1000-18-05-18.8 O 40 $cale~ l' = 40' JUL Y 2, BOOB HOV, 5~00~ (oxJ$11~g sepl/c C N/n/F $~;H~IgV£R 570,83' N/Fi/F sCHRI~V£R ~ =H~NUHENT ¢631; 755 - 5020 FAX (63I) 765-1797 P, O. BOX 909 1~3o TR~VELgR ST~T ~ ~_, SQU THI2L i3, N, Y, 119 7I