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Home My WebLink About5863 Owe ' �� ✓gQIAkYz-S�,Co7 Silt�Jd�iG�- Fec 7JI�iG�u�,2w ��EC.�m�Hvr�iGy?/d� 44 � 11aol()�' 02/3/Qj- A/L A)-6-0 SEE S.F. -podb, o%� ,�1 Usc 3�ao�IG f{ C5v bac 63 Of t l�3/D6 d �aJ r APPEALS BOARD MEMBERS OF soy , Mailing Address: Ruth D. Oliva, Chairwoman �� lyQ�OSouthold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * Southold,NY 11971-0959 James Dinizio, Jr. w Office Location: Michael A. Simon ` Town Annex/First Floor,North Fork Bank Leslie Kanes Weismanl�CO(f 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD /O.`'/, - Tel. (631) 765-1809•Fax(631) 765-9064 MAY FINDINGS, DELIBERATIONS AND DETERMINATION SOafriGid TGt;n Clerk 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 2—April 13,2006 • Appl.No.5863—Orient Fire District 18.-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 (low-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 13,2006 , Appl.No.5863—Orient Fire District 18.-S-1 3.8 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. Vote of the Board: Ayes: Members Oliva(Chairwoman), G ehringer, Dinizio, Simon, and Weisman. This resolution was duly adopted (5-0). Z " �--� GeFard P. Goehringer 5/1/200 L' .`-Approved for Filing 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/NEXTELIVERIZON 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 #5408 dated 3/31/05 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/NEXTELIVERIZON 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 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 1, 2006 Amended: March 8, 2006 To: Edward Boyd for RECEIVED Orient Fire District MAR 8 2006 P O Box 1468 Southold, NY 11971 'Z/� a�::43 ZONING BOARD OF APPEALS Please take notice that your application dated February 28, 2006 For a permit to relocate the communications tower(open permit#31215) at Location of property 23300 Main Road, Orient County Tax Map No. Section 18 Block 5 Lot 13.8 Is returned herewith and disapproved on the following grounds: The proposed tower, in this R80 District, is not permitted pursuant to ArticleXVI Section 100-162, which states: "No wireless communications facility shall be used, erected or altered in the Town of Southold except as follows: A. In residential &M Districts including AC. R-80 etc... a wireless communications facility is subject to site plan approval and must meet the following requirements. (3) Wireless communication facilities on telecommunication towers shall require special exception approval pursuant to this article and shall not proiect higher than 10' above the average height of buildings within 300 feet of the facility... The tower measures 90' (feet). *Amended to show facility is not on the building. 4�J- Authorized Signature FORM NO. 3 NOTICE OF DISAPPROVAL Date: March 1, 2006 TO: Edward J. Boyd Orient Fire District PO Box 1468 Southold,NY 11971 Please take notice that your application dated February 28, 2006 For permit to relocate the communications tower (open permit#31215) at Location of property 23300 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block 5 Lot 13_8 Is returned herewith and disapproved on the following grounds: The proposed tower does not meet the requirements of Article XVI Section 100-162A(3). The tower measures 90'(feet). The proposed tower, in this R-80 District, is not permitted, pursuant to Article XVI Section 100-162, which states: "No wireless communications facility shall be used, erected or altered in the Town of Southold except as follows: A. In Residential & M Districts including AC, R80 etc..., a wireless communications facility is subject to site plan approval and must meet the following requirements. (1) Wireless communication facilities on buildings shall require a special exception approval pursuant to this article. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. AMENDED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS (a v -- - _-- -- �� For Office Use- Only Iled By:_ Dale Assigned/Assignment No. Office Nott �• -- _ 1 8 23300 Parcel Location: House No. Street Main Road Hamlet Orient SCTM1000Section 18 Block 5 Lot(s) 13 .8LotSize4. 35a Zone District R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: April 23, 2003, May 2, 2003, June 3, 2004)aR:�& September 22, 2004) Applicant/Owner(s): Orient Fire District +, X010(04 Mailing Address: 23300 Main Road, Orient, New York 11957 Telephone: NOTE: If applicant Is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Edward J. Boyd, Esq. Address: 54655 Main Road, Box 1468, Southold, New York 11971 Telephone: 765-1555 Fax: 765-5969 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) N Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED April 2, 2003 FOR: 0 Buiiding Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XVI Section 10o- 162 Subsection A( 3) Type of Appeal. An Appeal is made for: N A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code, Article Section- IR Reversal or Other ectionIRReversalorOther Special Exception to construct telecommunications tower. A prior appeal Ek has 0 has not been made with respect to this property UNDER Appeal No.5408Year 2004 , Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: See Attached (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See Attached (3) The amount of relief requested is not substantial because: See Attached (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See Attached (5) Has the variance been self-created? ( ) Yes, or ( x) No. If not, Is the construction existing, as built? ( ) Yes, or (x) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This Is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. t Signature of Appellant or Aut orized Agent Sworn,t6 before me thislst (Agent must submit Authoriz tion from Owner) day of_.March 2006 Joseph Wysocki, Chairman 1 Board of Fire Commissioners (Not Public) 'EDWARD JOHN n©YD 5th Notary 02B O37f 6625Suffolklic State of Nevy rk CountyZBA App 9/30/02 commission Expires April 30, 2004 N M� .0116° Page 2a-Appeal Application (Amended) Part A: AREA VARIANCE REASONS This amended application is strictly limited to a proposed change in location for a 90' public safety communications tower to be erected by the Orient Fire District. Previous approval for the construction of this tower was granted by the Board of Appeals on March 31, 2005 (ZB Ref. 5408) and a Building Permit duly issued on June 22, 2005 (Permit No. 31215). Following these approvals but prior to the start of actual construction, the Commissioners of the Orient Fire District retraced their efforts to assure the most unobtrusive location for the crucially needed tower, and have, with guidance from the Planning Board and suggestions from members of the Orient community, finally determined that a tower site directly South of the existing main firehouse would better suit the needs of the District and the interests of the community. This location is fairly close to where an existing radio is situated, which tower will be removed once the new public safety communications system becomes fully operational. By selecting this amended location, the visual impact of the new tower is decreased by the size of the existing firehouse, the efficiency of the public safety wiring is maximized by the tower's proximity to the Fire District's communications room and effective screening of the tower base and ancillary equipment is provided by the fire house and proposed plantings to be installed surrounding the site. Through this proposed change of location: 1) The character of the neighborhood will not suffer an undesirable change, indeed the visual impact of the tower will be lessened by the new location. 2) The need for improved public safety communications will be met using today's technology at a cost affordable by a small Fire District. 3) The amount of relief requested is not substantial since approval for construction of the tower has already been granted for another location on the Fire District property. 4) There will be no adverse effect or impact on the physical and environmental conditions in the neighborhood or district. UraccIT v l' musty 4 v t.� 1.3d A�2.BA � lcV ¢ ry •SEVEO, /^ 61 �I G 22d '� < �` 16.BAIU �' \,pave 619 av 41, 60 ., 4'Pos z 93 r 0 OA Nx. 6.12 24 ]<A 1 1.z4 __ 24 3 G,,, LDucl '• d e .00 N A.P 27 'p 6.13 m ')))'U. 'v .Iq• 1.64 USA II 6Nc1 - 1.611[1/ h"" tr ro 3 � 30 11.6AIO 3 a 2.3AIc1 11 19 5.8 11.211[1 p•a p\� b '4 CtlMR OF LfELL1 20I."I'VERS.,amwS A'. 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LIVE QI SEE SE[.NO.021 sO% SEE SFO.NO.027 w " oFA+N o.I¢Rroe, All vgwwTlEs NOTICE _ ,,,, ARK•LI.,, _ o„Nu „n..r Xre --u+ m.m.r.kr rVA -- -- ANTE WITHIN TM6 uoaXc o CTwcs: ANI a.mN,mRINAER. 1211 Axe. LK, •,"tl Arc -_.__ R,r kdmr.k.u.. -NST-_ suooL • DIS111 UTIEDH 11 TARK '01TIAAF Oq e n+vRANT oi9eI5OTlon of ARK Ponnwl of HE u _ EATHAVY. pL vlcohr Xrt ..Ol 1 WATER SUFFOLK COUNTY TAI MAP Is vgoXlenSo .� .Gumleo •r. -11 LIN --� vpr oi.r,n 0- --L-- +WARN w°--A.-- . �- EFS[EWA Le WTAI WRITTEN PERRI OF INC RHI Meo 4.1 ILEI oT'12.1P �I"` ---� r our.kr nm -- p-- nuary.Mkl Ure _ ANBUL AXtt REAL PROPERTY TAx SERVICE AGENCY, 12.1 WAFT ^•A°Urc F181�n� — int- 1 .e«/ � 3306) yD� - ��% ✓��e1fR✓xtS�.Co76�zt/�"FiG�- Fife U I miYrJviG/��D A46-v ,64� U5c ,A4 f} CSD bac �3 of fvtoe�' y�a�Db dcr �aJ i LINE OF (E) BIT. PAVING PLANTING NOTES: TO BE CHANGED 1 . ALL PLANTS WILL BE HEALTHY, VIGOROUS MATERIAL, FREE OF PESTS & DISEASE ''• IN CONTAINERS OR BALLED AND BURLAPPED. 2. ALL PLANTS WILL BE STRAIGHT TRUNKED, FULL HEADED AND SUBJECT TO THE (E) PARKING UNCHANGED AisPPROVAL OF THE OWNER'S REPRESENTATIVE BEFORE, DURING AND AFTER INSTALLATION. 3 EXCAVATE PLANTING PIT TO TWICE THE DIAMETER OF BALL & 6" GREATER THAN a BACK OF (E) FIREHOUSE DEPTH. LOOSEN SUBSOIL TO ENSURE POROSITY, SELECT BEST VIEWING ANGLE. LIFT STOCK BY BALL AND PLACE IN PLANTING PIT. UNWRAP TOP HALF OF BALL. BACKFILL .•`:Y''n WITH MIXTURE OF 3 PEATMOSS & 3 TOP SOIL, TAMP. SECURE TO STAKES WITH IL (E) EXIT TO REMAIN /RUBBER HOSE GUY WIRES, LAY IN (POROUS) FABRIC WEED BARRIER. FORM 3" SAUCER TO ENCIRCLE STOCK AND FILL WITH 3" PINE STRAW MULCH. FLOOD 4' GATE DUMPSTER PAD FOR FIRE DEPARTMENT IMMEDIATELY AND WATER FREQUENTLY. 4. ANY PLANT MATERIAL THAT DIES, TURNS BROWN OR DEFOLIATES (PRIOR TO RED CEDAR (TYP PROPOSED 90' MONOPOLE WITH ACCEPTANCE OF THE WORK) SHALL BE PROMPTLY REMOVED AND REPLACED WITH 6' SIDEARMS REPLACEMENT MATCHING MATERIAL. STANDARDS SET FORTH IN "AMERICAN STANDARD INKBERRY (TY•d`�p) ` FOR NURSERY STOCK", LATEST ED, REPRESENT SPECIFICATIONS AND CONSTITUTE ZTHICK LAYER OF STONE MINIMUM QUALITY REQUIREMENTS FOR PLANT MATERIAL. CONTRACTOR TO WATER AND PAVING OVER WEED BUCK WARRANTY PLANTINGS FOR 1 YEAR .y FABRIC OVER COMPACTED SCHEDULE: SUB—GRADE ACROSS ENTIRE QUANTITY COMMON NAME Si 7E/REMARKS TYP BITUMINOUS CURB COMPOUND 32 EACH JUNIPERUS VIRGINIANA B&B, 7'-8' MINIMUM HEIGHT AT `j. - (EASTERN RED CEDAR) PLANTING. FULL, WELL BRANCHED ' 6' SECURITY FENCE WITHOUT BARBED WIRE AND WITH VINYL LANDSCAPE SLATS RA 'w. 20 EACH ILEX GLABRA B&B, 2 5-3' MINIMUM HEIGHT AT m r- (INKBFRRY) PLANTING. FULL, WELL BRANCHED D BITUMINOUS CURB ALL AROUND 2'—s" vHFVERrICALwHIP MICHAEL WALKER �• a cO ANTENNA ® 0 DEG (DB-222) DESIGN/BUILDER, LIC MULCHED PLANTING BED DISH PORT WITH BOOT t , 500 Horseneck Road � x,•y �y „ i y ,<•y. «i �:` Dartmouth, MA 02748 P. 10'-6" "LOWBAND" VERTICAL Tel: (508) 287-4313 WHIP ANTENNA 0 180 DEG Fax: (508) 300-6051 19' 12' ACCESS GATE (RFS-1142) E-mail: z'-7Y2" mwdb®comcast.net 6' 43' 12'-6" OP DIA PROJECT NO: OrientFD LINE of (E) BITUMINOUS PAVING SOUTHOLD TOWN POLICE ORIENT MAIN ROAD (STATE ROAD 25) TO BE RELOCATED PUBLIC SAFETY--90' AGL FIRE DISTRICT 90' AGL DRAWN BY: MW N 80--31 '-30" E 226.00' CHECKED BY: PLANTING PLAN Z 2 1/8" = 1'_O" 6' MIN 6' MIN CAD FILE: ORIENTFD,A1 0 F< I I I� SUBMITTALS L 0 N I rn to V O1 I Im 2 2-24–OE RELOCATE–REAR OF F.H. 1 4/20/05 90' POLE Lo 0 12/6/04 FOR APPROVAL 0 THE DOCUMENT IS ATION CONTAINED IN THIS DS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN LU Ld Q I / (E)\ �,r THAT WHICH RELATES TO MICHAEL . IF PAVE GST ARCHITECT IS STRICTLY PROHIBITED. N V O 1001 Ih�L\I — THIS DRAWING IS NOT 24"x36", IT IS NOT & PAR G cIff — N 87--4 30 TO SCALE. E 224 5 , oAREA(S) \ P _ _ PROFESSIONAL SEAL Q QU m Q 1 I b 90' HIGH FLUSH � 1 STYLE MONOPOLE • � 2 civ. A2 I t WITH FLUTED ,�f�,f`�;",iib ,,, ., n✓.. I\ 1 \ CONTOUR I� `;\''�,�`�.,i `•- ,° LIN OF (E) PAVING 42' \ LIN OF NEW P VINGDb t N POLE TO BE �/ 6 o_ � PAINTED WHITE I 10, I 90' (1000 FALL N SITE I ZONE N t ORIENT t o. 1 / / FIRE DISTRICT LAWN 23300 MAIN ROAD ORIENT N.Y. 11957 � SHEI1 / / SITE EPLANS/ t1 PLANTING PLAN SHEET NUMBER S 83--03 -50" W 10 70' FLUSH MONOPOLE ELEVATION 170. PLOT PLAN 3 1 " = 40' EA CON WIRELESS MGM TH SITE NAME - CONTRACTOR'S AME -CONTRACTOR'S NOTES ORIENT FIRE DISTRICT 1. 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 23300 MAIN ROAD (S . R. 25) 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 M W BE IN STRICT ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, AND ORDINANCES. ORIENT, NY 11957 D B 2 INHHERCONSTRUCTION AND CONTRACHITECT/ENGINEER HAS CT DOCUMENTS THE COMPLEE EVERY EFFORT TO SET TE II-�' P _ MICHAELWALKER SCOPE OF WORK THE CONTRACTOR BIDDING THE JOB IS SITE DES /� \ ION e DESIGN/BUILDER, NEVERTHELESS CAUTIONED THAT MINOR OMISSIONS OR ERRORS IN I`J J G R, IIC THE DRAWINGS AND OR SPECIFICATIONS SHALL NOT EXCUSE HIM PROJECT COORDINATES FROM COMPLETING THE PROJECT AND IMPROVEMENTS 500 Horseneck Road IN ACCORDANCE WITH THE INTENT OF THESE DOCUMENTS. Dartmouth, MA 02748 3. THE CONTRACTOR OR BIDDER SHALL BEAR THE RESPONSIBILITY OF IMPROVED PUBLIC SAFETY Tel: (508) 287-4313 NOTIFYING (IN WRITING) BEACON WIRELESS MANAGEMENT OF ANY CONFLICTS, ERRORS, OR OMISSIONS PRIOR TO THE SUBMISSION OF Fax (508) 300-6051 CONTRACTOR'S PROPOSAL OR PERFORMANCE OF WORK, IN THE EVENTLATITUDE: N 41 ' 8.579 NAD 83 E—mail RE OF DISCREPANCIES THE CONTRACTOR SHALL PRICE THE MORE ( ) mwdb@camcast.net COSTLY OR EXTENSIVE WORK, UNLESS DIRECTED IN WRITING FACILITY ON 90' REP LAC E M E N T STRUCTURE OTHERWISE. LONGTITUDE: W 72' 17.981 (NAD 83) 4. THE SCOPE OF WORK SHALL INCLUDE FURNISHING ALL MATERIALS, PROJECT NO: MWDB.ORIENT EQUIPMENT, LABOR AND ALL OTHER MATERIALS AND LABOR DEEMED GROUND ELEV.: AMSL (NAVE) 88) NECESSARY r0 COMPLETE THE WORK/PROJECT AS DESCRIBED HEREIN. DRAWN BY: MW 5. THE CONTRACTOR SHALL VISIT THE JOB SITE PRIOR TO THE SUBMISSION OF BIDS OR PERFORMING WORK TO FAMILIARIZE HIMSELF VICINITY MAP NO s(SCALEWITH THE FIELD CONDITIONS AND TO VERIFY THAT THE PROJECT CAN PROJECT SUMMARY ICHECKED BY: BE CONSTRUCTED IN ACCORDANCE WITH THE CONTRACT �"' DOCUMENTS. SHE - INDEX -777 6. THE CONTRACTOR SHALL OBTAIN AUTHORIZATION TO PROCEED WITH SITECAD FILE: ORIENT T1 CONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT CASCADE NO: CLEARLY DEFINED BY THE CONSTRUCTION DRAWINGS / CONTRACT TO RIVERHEAD TO ORIENT POINT SHT. DESCRIPTION REV. DOCUMENTSNASUBMITTALS , W ROAD S.R.M — 7. THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS v SITE NAME: ORIENT FIRE DISTRICT NO. NO. s 14-20-05190' POLE ACCORDING TO THE MANUFACTURER'S / VENDOR'S SPECIFICATIONS UNLESS NOTED OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES PROP ERTYLOCATION SITE ADDRESS: 23300 MAIN ROAD (S.R. 25) T1 TITLE PAGE 7 5 12/21/04 LANDSCAPE TAKE PRECEDENCE. . OORIENT ria DISTRICT $ ORIENT, NY, 11957- 1102 4 10-5—oa ANT REVS E. THE CONTRACTOR SHALL PROVIDE A FULL SET OF CONSTRUCTION a 3 4/30/04 Al REV Al SITE PLANS/PLANTING PLAN 2 DOCUMENTS AT THE SITE UPDATED WITH THE LATEST REVISIONS AND ASSESSORS MAP: SECTION 018BLOCK: 5 2 3/17/04 LANDSCAPE ADDENDOR CLARIFICATIONS AVAILABLE FOR THE USE BY ALL PERSONNELNEL INVOLVED WITH THE PROJECT PARCEL IDENTIFICATION. LOT: 13.8 1 7 2/26/06 RELOCATE—REAR OF F.H 9. THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE PROJECT 00 02/05/03 FOR ZONING DESCRIBED HEREIN. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, DEED BOOK/PAGE. BOOK: PAGE. THE INFORMATION CONTAINED IN THIS TECHNIQUES, SEQUENCES AND PROCEDURES AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT. SET OF DOCUMENTS IS PROPRIETARY GOVERNING BY NATURE. ANY USE OR DISCLOSURE 10, THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL TOWN OF SOUTHOLD OTHER THAN THAT WHICH RELATES TO PERMITS AND INSPECTIONS WHICH MAY BE REQUIRED FOR THE WORK JURISDICTION: BEACON WIRELESS MANAGEMENT IS BY THE ARCHITECT/ENGINEER, THE STATE, COUNTY OR LOCAL " STRICTLY PROHIBITED, IF THIS DRAWING GOVERNMENT AUTHORITY. CURRENT ZONING: IS NOT 24"x36", IT IS NOT TO SCALE. 11 , THE CONTRACTOR SHALL MAKE NECESSARY PROVISIONS TO PROTECT NORTH EXISTING IMPROVEMENTS, EASEMENTS, PAVING, CURBING, ETC. GOVERNING CODE: N.Y,STATE BLDG. CODE PROFESSIONAL BEAL DURING CONSTRUCTION. UPON COMPLETION OF WORK, THE CONTRACTOR SHALL REPAIR ANY DAMAGE THAT MAY HAVE OCCURRED DUE TO CONSTRUCTION ON OR ABOUT THE PROPERTY, CONSTRUCTION ANTENNA ARRAY — USE GROUP U 12. THE CONTRACTOR SHALL KEEP THE GENERAL WORK AREA CLEAN DRIVING DIRECTIONS CLASSIFICATION: AND HAZARD FREE DURING CONSTRUCTION AND DISPOSE OF ALL DIRT, DEBRIS, RUBBISH AND REMOVE EQUIPMENT NOT SPECIFIED AS ,F1�1" REMAINING ON THE PROPERTY. PREMISES SHALL BE LEFT IN CLEAN PROPERTY OWNERS ORIENT FIRE DISTRICT L CONDITION AND FREE FROM PAINT SPOTS, DUST, OR SMUDGES OF NAME AND ADDRESS: 23300 MAIN ROAD ANY KIND ORIENT NY 11957- 1102 13. THE CONTRACTOR SHALL COMPLY WITH ALL OSHA REQUIREMENTS RT. 25 EAST FROM RIVERHEAD TOWARD (631 ) 323-3888 AS THEY APPLY r0 THIS PROJECT, ORIENT POINT FERRY, CONTACT NAME: ROBERT HICKS �2 14 THE CONTRACTOR SHALL NOTIFY BEACON WIRELESS MANAGEMENT FIRE STATION IS ON RIGHT IN ORIENT. PHONE NUMBER: (631 ) 323-3888 WHERE A CONFLICT OCCURS ON ANY OF THE CONTRACT DOCUMENTS, I. THE CONTRACTOR IS NOT TO ORDER MATERIAL OR CONSTRUCT BUILDING DEPT. NOTES rl., ANY PORTION OF THE WORK THAT IS IN CONFLICT UNTIL CONFLICT APPLICANTS NAME ORIENT FIRE DISTRICT IS RESOLVED BY BEACON WIRELESS MANAGEMENT. & ADDRESS: 23300 MAIN ROAD s. HE PROPERTY LINES, SHALL THEVERIFYJ ALL DIMENSIONS, ELFvanQNs, SOUTHOLD NY 11957 THIS TOWER INSTALLATION AND ASSOCIATED TELECOMMUNICATION PROPERTY uNEs, ETC. ON THE JOB, CONTACT NAME: ROBERT HICKS SHELTERS AND EQUIPMENT ARE UNMANNED AND A SECURED 16, ALL UNDERGROUND UTILITY INFORMATION WAS DETERMINED FROM PHONE NUMBER: (631 ) 323-3888 EQUIPMENT INSTALLATION. EACH F,°,CILITY IS MONITORED FROM A SITE SURFACE INVESTIGATIONS AND EXISTING PLANS OF RECORD. REMOTE LOCATION. EACH FACILITY IS ONLY ACCESSED BY TRAINED ORIENT THE CONTRACTOR SHALL LOCATE ALL UNDERGROUND UTILITIES TECHNICIANS EVERY 4 TO 6 WEEKS. THEREFORE, THE COMPOUND FIRE DISTRICT N THE FIELD PRIOR To ANY slrE WORK. PROJECT SUMMARY ARCHITECT/ENGINEER'S MICHAEL WALKER DESIGN/BUILDER, LLC DOES NOT REQUIRE ANY WATER AND WILL NOT GENERATE ANY PROJECT SUMMARY NAME & ADDRESS: 500 HORSENECK ROAD SEWAGE EFFLUENT OR OTHER TRASH WASTE. SOUTH DARTMOUTI-MA 02748 23300 MAIN ROAD GEN CONTRACTOR'S CONTACT NAME: MICHAEL WALKER, AIA 2. THE ESTIMATED VEHICLE TRIP GENERATION CREATED BY THE ORIENT DIG SAFE NAME & ADDRESS PHONE NUMBER: (508) 287-4313 INSTALLATION OF THIS COMPOUND IS 6 TRIPS PER MONTH COMBINED. N.Y. 11957 3 WORKING DAYS CONTACT NAME: THE AVERAGE DAILY TRIP GENERATION RATE (ADT) IS .2 TRIPS PER MONTH, PHONE NUMBER: POWER PROVIDER: LONG ISLAND POWER AUTHORITY SHEET TITLE CONTACT NAME: NAME 3. THIS TELECOMMUNICATIONS COMPOUND IS NOT GOVERNED BY TITLE PAGE BEFORE YOU DIG ELEC, CONTRACTOR'S PHONE NUMBER: AREACODE—PHONENUMBER REGULATIONS REQUIRING PUBLIC ACCESS PER ADA REQUIREMENTS. NAME & ADDRESS: CONTACT NAME: TELEPHONE PROVIDER: NAME 4. THE INSTALLATION OF THIS TELECOMMUNICATIONS COMPOUND CALL TOLL FREE 888 — DIG — SAFE PHONE NUMBER. CONTACT NAME: NAME REQUIRES NOT ADDITIONAL PARKING SPACE(S). PHONE NUMBER AREACODE-PHONENUMBER SHEET NUMBER UNDERGROUND SERVICE ALERT T- 1 uOUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP c DIRECTOR OF PLANNING June 12,2006 Ms.Ruth Oliva,Chair Town of Southold ZBA 53085 Main Rd.,P.O.Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Milot,Philip 5705 Edgewater R 5815 Landi,Thomas 5816 Roberts,Gregg&Kathi 5817 Speyer,James&Karen 5819 Hill,Charles&Lynn 5823 Gran, Susan Rogers 5824 Festa,Carol 5834 Napolitano,Anthony&Susan 5835 Me Laughlin,Terry 5837 Renna,Angelo&Susan 5840 Long,Paul 5841 Cacioppo,Anthony&Danielle 5842 -Haerr,Julie Anne 5845 Doody,Peter 5847 Karacostas,Elena 5850 Brandvold,John&Marion 5851 Rouleau,Eric 5852 .Biel Associates,LLC 5855 Orient Fire District 5863 Guild,Jay 5866 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S.Wrede Planning Aide CSW:cc 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 Ono L/ rjf s t r YS �f'pl ti O Town Hall,53095 Main Road Fax(631)765-9502 P O.Box 1179 G • Telephone(631)765-1802 Southold.New York 11971-0959 'gyp "4UNT`I,Nc� BUILDING DEPARTMENT TOWN OF SOUTHOLD August 17, 2006 Edward John Boyd V ' A PO Box 1468 "\ Southold,NY 11971 0D 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. Respe u ly s, d Damon Rallis, e er Cc: File, ZBA,Planning APPEI6 BOARD MEMBERS -- SOF $�(/r Mailing Address: Ruth D. Oliva, Chairwoman Southold Town Hall Gerard P. Goehringer 53095 Main Road• P.O. Box 1179 James Dinizio,Jr. Southold,NY 11971-0959 G Q Michael A. Simon Office Location: �` �� Town Annex/First Floor,North Fork Bank Les * Kanes Weisman QIyC�U �� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net a ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 •Fax(631) 765-9064 d FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 13,2006 Appl. No. 5805—CINGULAR 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 11 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: 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—Cingular,nexwl,Verizon 18.-5-13.8 at Orient i 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. RELATED INFORMATION: The owner of the property, the Orient Fire District (OFD), has a current building permit (the first having been issued June 22, 2005 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), 570.70 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 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 J r 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 10/5/04). 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,l _ __I,Verizon ' 18.-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 (low-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 I Page 5—April 13,3006, 8 p-6-'13.l. .6U orient ®ulijr,Nextel,Va zan 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 Net 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 BuildingI•Pormit#31215.2 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 tonin® Eoard's determination that the co-location of the three antennas onto a now 50 ft- wireless communicationsltelecommunications tower, to b6 built at this site of the OFD, I5 allowed in the R-80 Residential i,ow-Density Zone District by Special Zxception. RESQW-rION OF(THE BOARD: in considering all of the above factors and applying the balancing test under New York Town Law 267-8, motion was offered by Member ©oehringer,seconded by Member Simon,and duly carried,to GRANT xcining approval under Section 100-162A, for public utility antennas and telecommunloations use, as applied and shown on the site and pole elevatlon Maps prepared by Michael Walker signed 31612006(with ZEA date stamp of March a,2ane),SUBJECT TO THE FOLLOWING CONDITION; Applicant shall post a bond, In the fav6r 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 bf the applicant and reviews by the Town Engineering Ins"Oor, the recommended am*unt of.such bond shall be not less than $10,000, subject to the approval and acceptance by the Town Board and In a form acceptable to the"town Attomey, Vote of the Board: /Ayes: Members Oliva(Chairwoman a rin r,DI 'mon and Weisman. This resolution was duly adopted(0.0). ,r i Gerard P.Goahringer 51 lOd ,'Approved for Filing Q MAILING ADDRESS: PLANNING BOARD MEMBEhor - P.O. Box 1179 JERILYN B.WOODHOUSE ® ®E S®Ur®�® Southold, NY 11971 � Chair V� OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR cfs 54375 State Route 25 ° GEORGE D.SOLOMON ® �®� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Southold, NY cou Telephone: 631765-1938 Fax: 631 765-3136 5 PLANNING BOARD OFFICE Date: March 16, 2006 TOWN OF SOUTHOLD To: Ruth Oliva, Zoning Board of Appeals Chair From: Jerilyn B Woodhouse, Planning Board Chairperson//91� RECEIVE® Re: Appeal # 5805 and 5863 MAR 16 2006 Cingular Wireless Telcom -Orient Fire District 23300 Main Road, Orient ZONING saAsa OF APPEALS SCTM: 1000-18-5-13.8 Zone: R-80 In response to your memo dated March 6 2006, the Planning Board (PB) has reviewed the revised site plan and offers the following comments: 1. 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 2. 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. 3. 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. 4. 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 1 1 APPEALS BOARD MEMBERS �fjF S0!/ry Mailing Address: Ruth D. Oliva, Chairwoman � Ql0Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 James Dinizio,Jr. N Office Location: Michael A. Simon Old ^��Q Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman CO� ,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 3, 2006 By Regular Mail and Fax Transmission 765-5969 Edward J. Boyd V, Esq. P.O. Box 1468 Southold, NY 11971 Re: ZBA File No. 5863 — Orient Fire District Dear Mr. Boyd: Please find enclosed a copy of the above-noted determination rendered by the Zoning Board of Appeals at its April 13, 2006 Meeting. Please be sure to file the enclosed variance determination when submitting other final documents, or amendments, as may be required by the Building Department and Planning Board. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision 5/3/06 to: Building Department Planning Board 11 04/21/2006 12:10 0000 PAGE 01/01 -0 �\� MUNLEY,MEADE,NIELSEN &RE ATTORNEYS.AT LAIC' 36 North New York Avenue Huntington,New York 11743 (631)425-4X00 Telecopier (631)425-4104 T ELECOFY TO THE FOLLOWING NUMBER.- 631.-765-9064 NAME: Ms. Linda Kowalski Town of Southold RECEIVED Zoning Board of Appeals RE: Application for Special Exception Approval APR 2 1 2006 Proposed Wireless Telecommunications Facility Premises: Orient Fire District ZONING S®AP® OF APPEALS 23300 Main Road Orient,New York SCTM#: Section 18 Block 5 Lot 13.8 FROM- 'Lawrence C,R6 DATE: April 21, 2006 MESSAGE: Our client has advised that the estimated cost for the removal of the captioned proposed wireless facility is$3,000.00 to$5,000.00. TOTAL NUMBER OF PAGES: 1 (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. r gp'� ` k a EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O.BOX 1468 SOUTHOLD,NEW YORK 11971 (631)765.1555 FACSIMILE:(631)765.5969 E-MAIL:ejb@elilaw.net 1287 EAST MAIN STREET RIVERHEAD,NEWYORK 11901 (631)727.1010 FACSIMILE.(631)727.5524 E-MAIL:ejb@eldaw.netFf �� MAR 2006 � P� March 7, 2006 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold,NY 11971 Re: ORIENT FIRE DISTRICT Tax Map No.1000-18-5-13.8 Greetings: Enclosed please find seven (7) copies of a revised site plan showing the proposed public safety telecommunications tower located immediatley to the South of the existing Orient Fire House. Please make these documents part of the file on the above-captioned matter. Very" truly yours, Edward John Boyd V EJB/bv Encs. FORM NO. 3 NOTICE OF DISAPPROVAL Date: March 1, 2006 TO: Edward J. Boyd Orient-Fire District " PO Box 1468 AR 2006 Southold,NY 11971 l Please take notice that your application dated February 28, 2006 - For permit to relocate the communications tower (open permit#31215) at Location of property 23300 Main Road, Orient,NY County Tax Map No. 1000 - Section 18 Block 5 Lot 13_8 Is returned herewith and disapproved on the following grounds: The proposed tower does not meet the requirements of Article XVI Section 100-162A(3). The tower measures 90'(feet). The proposed tower, in this R-80 District, is not permitted,pursuant to Article XVI Section 100-162, which states: "No wireless communications facility shall be used, erected or altered in the Town of Southold except as follows: A. In Residential &M Distr tci s me u mg AC, R80 etc..., a wireless communications facilityis to site plan approval and must meet the following requirements. (1) Wireless communication facilities on buildings shall require a special exception approval pursuant to this article. J Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. 3 - 1 :> Irc or{q C3CC PXXw6i p1�t C,S 5,- HdTMrf]IES. met 43susz7 , ui•a�r.,monlu,P.1_nunw3n.a�n¢ - �•J' rmr��a.asuu w.nm �Y - ,wE wAe,s au a savor Ia�.JU1 Xmmapanm lou {b P»C�L P`IOIA:M Alwos v,cawys a]�,v.c®ocs,ec ac.,z. �' 6, - smwwa h' a urwa,vwaam,s•,ars+a sl.a,s.o a,iA r s>E,o nr _ ak�K u;q Feol>g - �.re�.r.o"�ai.�1:.nM - vnlmwvlw® �rQ�u• �n�w.J� - i rR w� SwJA noc.®r..s r (E!E[n"O NFHf r.a�nrw�Ismael':mol y r+t s.>•�asz Iwz 4•rul 0.V P-IIX PAD rCR FIM DEPAiRIEI.I 4+P IlArtrlaxYo PIS>'we•.�,v a,uRr¢B�>r, RED CaIR C" PROPUSM 0O'ar.7. Lr MM ..mw¢a In rlags,uec rosnrso.amAorr.¢sa.. - E's�Ew vs t p. i'i Sa -wai o sir •ame ii P ` Y IIaClc LknR OF SWnE C nasi Imrco.elw vr...oct so.AVL.Io.,lwr tii•Xni�R SIaB IIW W:I�Y: Qu �- JRts KM CCY DFM a,,,r1 mAla1�OK IYP BRliurmn cD:H y4S 5w-UR 0 SQ IIfiE f ILPo� J1saKa'18Iua eCR Yd aavm.Y I V� DOW" Qxon�m/4 w,pae rlu,aauaam d''fCIFnTfFN-e RnNM 6Y9a"D nw Qa�7 itK rtV,�uuaaII HAL SMD Wr-H WM UnDr- SIRS Fm w ID 1 NICHAELWALKER DESIGIMILDER,k - wrin�nArm.IcsEu - oe,1mYl.ewl ;M Wm,.d R�aC I,n x w rzm - I 19' lY dtl-:55 G7E - rvo•� � �'-,I('n L.-r+•a.w 11 6' 41 I2•-6" f UK OF ICI wuff:wS PM1CD , a.duD 90UhftlD70YM PQICE CPoENf MAIN RQAD iSTXrl RDAD 25} �I srsrYr+>m FIJyUC L•,FElY1JJ AIy � Fxx�osmlCl-+xr nri n(uut�' w -n al-vI a.m Plsvrnc Plsw G[[4D91 2 .o- r,.• r... �, GYI rIL fNlNIIRAI 1 1„ :.0 IAIIITA�> e 1 rr cc i;;;;i• I C> Ll � v IT ^IW 1 si 1 8 �^Ahl�wl•E 'lP(,rcz)rte-J l 91C l r iDlr tI4 r ' �i,-,rr.� IENT CDZM FIRE D15TAlCT 'l.�ir.�lrr�ffr�.s' IT; OKLwCX1C 1E0•P 11.7 ' t n � SI,EPLANSJ o (I FLMJI IC,PIAN 6� 5t5 I 9lD I .2m J FiL6H IJONCf'JLL 0.LVAT1aN 3 PLOI PIAN IJr.la A-1 J A A o Y , Y APPEALS BOARD MEMBERS ��OF SO�Tyo Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road-P.O.Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando c, Office Location: James Dinizio,Jr. � • COQ Town Annex/First Floor,North Fork Bank Michael A. Simon 9,,Y�,OU 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel. (631)765-1809-Fax(631)765-9064 HAPR 2005 FINDINGS, DELIBERATIONS AND DETERMINATIONn,� MEETING OF MARCH 31,2005 Sout old Town Clerk 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 1000-18-5-13.8 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 11 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, 18-5-11.1, (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. f 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 281.60 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 10/5/04). At the top of the OFD's tower is a 916" 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 31,2004 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 (low-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 ft. 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 ft.,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 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 this structure at 120 feet instead of 90 feet will create a distinctly commercial view interfering with the historical A0;; r• Page 5—March 31,200 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 e 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 267-13, 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 s 11 r 40, Page 6—March 31,2005 Appl.No.5408—Orient Fire District 18.-5-13.8 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). 0171',9, & - Mall' Ruth D. Oliva 4/1�/05 Approved for Filing ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 03/09/06 ZBA# NAME CHECK# AMOUNT TC DATE-STAMP Cingular, Nextel and 1817 $200.00 5863 Verizon Add'1 fee due TOTAL $200.00 Thank you. " TOWN OF SOUTHOLD BUILIv `j PERMIT APPLICATION CHECKLIST BUILDING DEPA. TMEN7; �`j you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,"NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval ' FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 20 Mail to: Disapproved a/c hone: 165-1 SS S� Expiration ,20 4 Building Inspector APPLICATION FOR BUILDING PERMIT Date February 28 _, 2006 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 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, anew permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition,as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations, and to admit, authorized,inspectors onI' fyinises;and in building for necessary inspections. OrientFireDistrict , 13 2 $ (C (Signature of applicant or name,if a corporation) 23300 Main Road, Orient, NY 11957 (Mailing address of applicant) " State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,'plumber'or builder ' Orient Fire District is owner Name of owner of premises Orient Fire District (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location of land on which proposed work will be done: 23300 Main Road Orient House Number Street Hamlet County Tax Map No. 1000 Section1 TAAWAT i , !��fifa� Lot cy-ems 3astc 14 5 13. 8 Subdivision aGaWFit�o� � No. (Name) nil its rC.,ap Lot ,OS ria�EN z:+iigk?�1Ui22imm�� f 2. State existing use and occupancy of pt ;es and intended use and occupancy c posed construction: a. Existing use and occupancy Municipal Government -��Publi_ _afety b. Intended use and occupancy Municipal Government - Public Safety 3. Nature of work (check which applicable): New Building X Addition Alteration Repair Removal Demolition Other Work Communications Tower (Description) 4. Estimated Cost $150,000/$200,000 Fee (To be paid on filing this a$plication) 5. If dwelling, number of dwelling units 0 Number of dwelling units on each floor If garage, number of cars 0 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front FH-80, A-40 Rear FH-43, A-40 Depth FH-110, a-80 Height FH-30, A-25 Number of Stories FH-1, A-1 (FH = Fire House; A = Accessory Building) Dimensions of same structure with alterations or additions: Front Unchanged Rear Unchanged Depth Unchanged Height Unchanged Number of Stories Unchanged 8. Dimensions of entire new construction: Front T-4, E-48 Rear T-4, E-48 DepthT-4, E-43 Height T'79,0, E-6 Number of Stories N/A ( t = Tower; E = Enclosure) 9. Size of lot: Front 226 Rear 570 Depth 341 10. Date of Purchase 11/14/1985 Name of Former Owner Barbara Dwight Schriever 11. Zone or use district in which premises are situated R-80 12. Does proposed construction violate any zoning law, ordinance or regulation? YES x 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. Names of Owner of premises Fire District Address orient, NY Phone No. Name of Architect Michael Walker Address S . Dartmouth, �VloneNo ( 508) 287-4313 Name of ContractorV antage Associates Address Nyack, NY Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO x * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED: b. Is this property within 300 feet of a tidal wetland? * YES NO x * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) This is an application to relocate emergency communi- SS: cations tower from site approved in Permit # 31215 to site COUNTY OFSuff01 immediately South of existing main Firehouse - no other changes requested . Edward J. Boyd being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the Attorney and agent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 28th day of February 20 06 E�� Z Notary Public Signature of Applicant LINDA S AGGdON Notary Public, to fewYork No;4948506- Qualified In Suffolk Countyy Commission Expires March 20, 5- 31b jo - 3 . EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O.BOX 1468 SOUTHOLD,NEW YORK 11971 (631)765.1555 FACSIMILE:(631)765.5969 E-MAIL:ejb@elilaw.net 1287 EAST MAIN STREET RIVERHEAD,NEW YORK 11901 (631)727.1010 FACSIMILE:(631)727.5524 E-MAIL:e1b@elilaw.net March 3, 2006 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold,NY 11971 Re: ORIENT FIRE DISTRICT Tax Map No.1000-18-5-13.8 Greetings: Enclosed please find seven(7) copies of an application for building permit dated February 28, 2006 and a disapproval from the Building Department dated March 1, 2006. Please make these documents part of the file on the above-captioned matter. V truly yours, Edward John Boyd V EJB/bv Encs. FORA NO. 3 NOTICE OF DISAPPROVAL Date: March 1, 2006 TO: Edward J. Boyd Orient Fire District PO Box 1468 LIAR 3 2006 Southold,NY 11971 Please take notice that your application dated February 28, 2006 For permit to relocate the communications tower(open permit#31215) at Location of property 23300 Main Road, Orient,NY County Tax Map No. 1000 - Section 18 Block 5 Lot 13.8 Is returned herewith and disapproved on the following grounds: The proposed tower does not meet the requirements of Article XVI Section 100-162A(3). The tower measures 90'(feet). The proposed tower, in this R-80 District, is not permitted,pursuant to Article XVI Section 100-162, which states: "No wireless communications facility shall be used erected or altered in the Town of Southold except as follows: A. In Residential &M Districts including AC, R80 etc..., a wireless communications facilit is to site plan approval and must meet the following requirements. (1) Wireless communication facilities on buildings shall require a special exception approval pursuant to this article. 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F :.,.✓,. 473889 18 • -5-13 . 8 OWNER : FIRE DISTRICT ORIENT NUMBER# DATE TYPE .:0 # USE/DESCRIPTION 18340 8/03/89 PERMIT 19608 BP18340Z FIREHOUS'L -ORIENT COZ1 _ 31215 6/22/05 PERMIT PUBLIC SAFETY TOWER _ 0/00/00 _ 0/00/00 _ 0/00/00 _ 0/00/00 _ 0/00/00 _ 0/00/00 _ 0/00/00 _ 0/00/00 _ F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/06/06 Transaction(s): Reference Subtotal 1 1 Application Fees 5863 $0.00 Cash Total Paid: $000 Name: Orient, Fire District 23300 Main Road Orient, NY 11957 Clerk ID: MICHELLE Internal ID.5863 1 ORIENTAssoCIATION BOX 282 ORIENT • NY 11957 RFcel 3 / � 4�v, 5 MAR 2 4 2006 r � � ZONING "'In') OF APPSAlS March 22, 2006 Ruth Oliva, Chairperson Southold Town Zoning Board-of Appeals P.O. Box 1179 Southold, NY 11971 Dear Ruth, Enclosed is a copy of a newsletter about the latest Orient Fire Department tower proposal. I am sending 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 "AR ? 4 2006 March, 20 °��° ®� ® APpF�LS FIRE DEPARTMENT TOWER HEARING ZONING BOARD OF APPEALS - MARCH 30, 1 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 i ugh-Lband 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 communications 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 cis well as er ii✓rCg.envy 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 feel 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' iliy'rl and 4' wlde 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. LEmergei icy 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 , Appeal's and Planning Board. It wouid'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. Via__ � l�__ ___� 1 1 October A 1 i. i ne ease its deeply rrawea. it was signed on October 15, 2_002 and has already delayed the upgrade of OFD equipment by several years due to multiple agency reviews and variance requirements. It runs for five years from April 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 wb'u,u 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. Tris makes the entire deal potentially very risky for OFD. e. OFD 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 OED'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 bjr 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 members included. 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 1 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. -- -- - ZS611 XIII `Just.Tp - jappgxog io juopTsoN 2961 AN 'IuauO c I I-ON aiwJad LS61 Z �N �uQUO a I dd Z8Z XOg Od 96o4sod s-n UOT413100SSV Iu2TIO APPEALS BOARD MEMBERSSOF S�Ury Mailing Address: Ruth D. Oliva, Chairwoman � Ql0Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 James Dinizio,Jr. cn �c Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weismany�ou ,� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 June 8, 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. 5863 (Cingular/Orient Fire Department) Action Requested: Special Exception Within 500 feet of: ( x ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures \V FROM : Friedman _ FAX NO. 631-323-2447 r. 24 2006 05:52PM P1 .'/ 2,6 it •4 a ZONING BOARD OF AFPpALS TOWN OF SOUTIIOLD: NEW YORK -- -� ------__---- ----- ---- ----- ---- ---- theX Matter of the Application of Orient Fire District AFFIDAVIT i; OF (Name of Applicants) MArr,IN�;S CTM Parcel #1000- 18 5 - 13.8 -------------------- --—----- -------—----- ---�-X COUNTY Or SUFFOLK) STATE OF NFW YORK) 1, Chr•istiiie Pepper-man residing at Kings Park Now York, being duly sworn, depose and say that: pia the 17 day of March 2006 Post Office in Ha esite , I personally mailed at the United States New York, �y REQUESTED, a trttc copy of the attached Leg Notice n preZa�d a veto �� RrCEIPT current owners shown on the current assessment roll verified from the official.records onf,ilc with the (x)Assessors, or( )County Real,Property Office for property which abuts and is across a public or pri.va",.e street, or vehicular right-of-way of curd surrounding the applicant's properly, (Signature) Sworn to before me this Christine Pepperman x day of <XN CZ, 200 DOROTHY A. BELARD Notary Public, State of New York No. 01 BE6036810 (Notary b is Qualified in Suffolk County Commission Expires Feb. 7,20 PL$ASE list, on the back of this Affi �wnernames--aartd�t� davit or on a sheet of paper the lot numbers next to the • - idresses�fvr`ovhi�l�t•��11x1L�:o'"T� you. ___._ _ _.. .. -._. ._.. ._.... . .. ._. .. _ Postal (DomesticLn CERTIFIED MAILT. RECEIPT ru Only; informationFor delivery website at ru F � � C •� L��cl L til IE Postage $ 16095 �y7 r a, `C3 0 Certified Fee 1> M Return Receipt Fee 8 R 17 � (Endorsement Required) 2A e <Z O Restricted Delivery Fee 1. D-' (Endorsement Requlred) Q Q 0 Total Postage&Fees $ C!(/---- SPS -- -— Ln 0 Sent o o Rachel &Robert Sorenson a aoa xN. P.O. Box 253 -W"s't"zA' Orient,NY 11957 Postal CERTIFIED MAILTmRECEIPT (Domestic Mail Only; Provided) For delivery information visit our website at www.usps.come [`- Postage s ' (03 0 Certified Fee L �� 6 Retum Race"', eceipt Fee O (Endorsement Required) 1, re � Restricted Delivery Fee � D— (Endorsement Required) M Total Postage&Fees $ 0 Sent To - --------------- John &Frances McArthur (�- reef,Apt No.; or PO Box No.- P.O . Box 420 ary,srate,zIPt4 Orient, NY 11957 Postal CERTIFIED MAIL. RECEIPT (Domestic Mail Only; For delivery l`- information� U •ur website at wwvw�uspsx=4 � + E Postage $ 0 Certified Fee 0 Return Receipt Fee ` ry Z k C3 (Endorsement Required) n\ 1 He O Restricted Delivery Fee Er (Endorsement Required) USQ� r-3TotalPostage&Fees $ Ln - - Sent To rte- sireer,Apt'ivd.; I Kenneth &Joanne Zahler orPoeoxNo. P.O. Box 754 .6.57-90i"ZIP:a4 Cutchogue, NY 11935 Postal CERITIFIED MAIL, RECEIPT (Domestic Mail Only;.No lnsuranceCoverage Provided) For.D •rmation visit our website� U C � A L U S 1E ru O F ( � Postage $ , G,1 3 ru Certified Fee 7D7200 Retum Receipt Fee � (EndorsementRequired) ZO Restricted Delivery Fee Er (Endorsement Required) m O Total Postage&FeesLII --- r3 Sent To C3 N weer,apc No:;; Calverton Group orPoBox mi;No. P.O. Box 455 ary,ware,ffA; r Orient,NY 11957 Postal (Domesticr-q CERTIFIED MAILm RECEIPT Ln Only, For delivery information visit our website at www.usps.conis Postage 6, 3 ♦ 4L 0 Certified Fee Jnr, ED Retum Receipt Fee CJ ;` nQ Here O (Endorsement Required) a, \�� O Restricted Delivery Fee 0" (Endorsement Required) M US' O Total Postage&Fees $ K U-1 =1 Sent To o Robert Gloria orPoBox No. 600 Youngs Avenue Clty,State,LP+4 Orient, NY 11957 . e ru CERTIFIED MAILTrvi RECEIPT (potnesffc MaY Only; .n m rueF C A L USE t'-- Postage $ l0 ni CertitiedFee l- V M Return Receipt Fee / calm O (Endorsement Required) U Here 7 t �1 1:3 Restricted Delivery Fee �� w D— (Endorsement Required) M r-3 Total Postage&Fees $ ( �� 0 Sent To SPS rr- -direr—AwcRe,--Richard J. Gillooly vrPo6exlV-- One Sandburg Ct. Cdy,State,ZIP+4 Mahwah, NJ 07430 Postal o. CERTIFIED MAILTMRECEIIPT �Er (Domestic Man Only, I mation visit our website at Www�uspsxorna f� OFF � C � AL USE N Postage $ K ?j T E N�. 0 er ru Certified Fee y Return Receipt Fee ` v P Here' W M (Endorsement Required) �� MAR 1 7 2096 O Restricted Delivery Fee 1111 U Q- (Endorsement Required) m �j Q 0 Total Postage&Fees $ (4, t7 8 USP S Ln Mi Sent To O o .St....... .... Orient Cemetery [�- reet,/�pE No.; or PO Box No. Route 25 .-diTR --------- , Orient, New York 11957 Tam Postal (Domesticru CERTIFIED MAIL. RECEIPT co Only; For delivery information visit our website at C`- nn pp Anp n(� un {� t�- Postage $ 6�3 S1TE NY fL Certified Fee 77� O Postmark Q Retum Receipt Fee + 1:3 (Endorsement Required) MAR 1 �e&6 + p Restricted Delivery Fee li IJ y Q-• (Endorsement Required) M 0 `� ' ASPS Total Postage&Fees Ln Sent ro M O ste onds Union Free School District Y rP or PO Boz Na 23405 Main Road ��%��• Orient,NY 11957 :rr Postal (DomesticCERTIFIED MAIL. RECEIPT ru Ln Only; ..D Wivery information visit our website at www.usps.corne ^' . . OFFF � USE � Postage $ (�3 Certified Fee Ot . l,I C C E O Return Receipt Fee P M (Endorsement Required) He W O Restricted Delivery Fee R 17 2006 jr (Endorsement Required) Q C3 Total Postage&Fees u __- -- ---- Ln -- — - — U Sent To '--- -- `SPS Cohab Realty Corp. or PO Box No. 141 Schermerhorn Street ° re I Brooklyn,NY 11201 VS.Postal CERTIFIED RECEIPT (Domestic Mail Only;NoInsurince Coverage Provided) lti For delivery • NCC AL UStion.visit our website at E �F Postage $ \'CE NY 7 ru Certified Fee O I/ (� E3 Return Reoelpt Fee p Pq�a J� E=l (Endorsement Required) 1 - 8 S MAR l o" M Restricted Delivery Fee D" (Endorsement Required) M USPS r-3 Total Postage&Fees ' tr1 E3 Sent To David Bull 0 r` Sfrpr °., 34625 Old Main Road or PO Box No. Srefe,,ZiP+4 P.O. Box 71 Orient, NY 11957 Postal N CERTIFIED MAILT. RECEIPT (Domestic Mail Only; For delivery information visit our website at www.usps.come r� f Postage ru Certified Fee _ Li W C3 C3 Retum ReceiptreFee O O (Endorsement Requid) U M Restricted Delivery Fee Ir (Endorsement Required) m c�i $ - 0 USPS E-3TotalPostage&Fees Ln Sent To 0 sveif,-, cvd.,--- Anne Swick,William Terry III&Julie Catner or PoBox No. 450 Willow Springs Lane cty stere,ZIP+4 York,PA 17372 :rr 1 � L 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 Schermerhorn 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 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/NEXTELNERIZON 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 #5408 dated 3/31/05 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/NEXTELNERIZON 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 n f \ { J MUNLEY,MEADE, NIELSEN & RE 36 North New York Avenue Huntington,New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Kenneth&Joanne Zahler P.O. Box 754 Orient,NY 11957 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN&RE By: La wrencel C. IRP/ Lawrence C. R6 LCR:db 1 MUNLEY, MEADE,NIELSEN &RE 36 North New York Avenue Huntington,New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Robert Gloria 600 Youngs Avenue Orient,NY 11957 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel"); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN &RE By: Law rP,ncel C. R P/ Lawrence C. R6 LCR:db • MUNLEY, MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 David Bull 34625 Old Main Road P.O. Box 71 Orient,NY 11957 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN &RE By: L"rm.cel C. IRP/ Lawrence C. R6 LCR:db • MUNLEY,MEADE,NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Anne Swick, William Terry III and Julie Cartner 450 Willow Springs Lane York, PA 17372 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse,-23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN&RE By: La wrmcel C. IR& Lawrence C. Re LCR:db MUNLEY,MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Cohab Realty Corp. 41 Shermerhorn Street Brooklyn,NY 11201 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE,NIELSEN&RE By: La wra cel C. 2Pi Lawrence C. R6 LCR:db MUNLEY,MEADE,NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Oysterponds Union Free School District 23405 Main Road Orient,NY 11957 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN&RE By: Law C. Re/ Lawrence C. R6 LCR:db MUNLEY, MEADE,NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Orient Cemetery Route 25 Orient, NY 11957 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN &RE By: La wre-vi cel C. ter Lawrence C. R6 LCR:db MUNLEY,MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Calverton Group P.O. Box 455 Orient,NY 11957 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE,NIELSEN&RE By: Lawrm cQl C. ZPi Lawrence C. Re LCR:db MUNLEY, MEADE,NIELSEN &RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Rachel &Robert Sorenson P.O. Box 253 Orient,NY 11957 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY,MEADE, NIELSEN &RE By: Lawrance/C. 1�P/ Lawrence C. R6 LCR:db MUNLEY,MEADE,NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 Richard J. Gillooly One Sandburg Ct. Mahwah,NJ 07430 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel"); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you-have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE,NIELSEN &RE By: L"reit cel C. RP/ Lawrence C. R6 LCR:db V MUNLEY, MEADE, NIELSEN & RE 36 North New York Avenue Huntington, New York 11743 (631) 425-4100 Telecopier (631) 424-4104 March 17, 2006 John&Frances McArthur P.O. Box 420 Orient,NY 11957 RE: New Cingular Wireless PCS, LLC ("Cingular"); Nextel of New York, Inc. ("Nextel'); and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") Application to the Town of Southold Zoning Board of Appeals For Special Exception Permit#5805 Premises: Orient Firehouse, 23300 Main Road, Orient SCTM# : 1000- 18-5-13.8 Dear Sir or Madam: Enclosed is the Legal Notice with respect to the Public Hearing scheduled on Thursday, March 30, 2006, at 1:00 p.m. for the captioned Application. The Public Hearing relates to a proposal by Cingular, Nextel and Verizon to co-locate public utility wireless telecommunications antennas inside the pole, that was approved under ZBA#5408 dated 3/31/05 and Building Permit #31215-Z, to be located on Orient Fire District property, and to install related equipment at the base of the pole. A copy of the site plan showing the proposed location of the equipment and approved pole is also enclosed. Should you have any questions with respect to the Application, you may contact the undersigned. Very truly yours, MUNLEY, MEADE, NIELSEN &RE J By: L"rP ncel C. 'IR Pr Lawrence C. R6 LCR:db TPICAL EMS 3l-L• RR65-12-XX-DBL ANTENNA TOP 01A. L91410NNER48"X12•X 7' TPICAL EMS RR6518 MAIN ROAD (STATE ROAD 25) ANTENNN 80�-31-30 E 226 00' 56'X e•X 2 75-1275'O c / POLE MOUNTING BEACON WIRELESS f Q MANAGEMENT BASE PLATE AT TYP EMS DR6518 ANTENNA P 0 BOX 303 I GROUND LEVEL 54'X 12"X 4HAMPTON BAYS.NY 11946 ANCHOR BOLTS Tet 631 4845445 Fae fill 7283546 o ,ANTENNA LAYOUT AT ELEV 90'AGL D B w MICHAEL WALKER DESIGN/BUILDER,Ilc U �E) IixTEN o 0 oEc B).- l) 500 HorSeneck Road w PAVEMENT 0¢NPoRr.HeoOT Dartmouth.MA 02748 &PARKING N 87•-47•-30"E Te(sob]267- 13 o AREA22 S) FR-(Sm1 m Soo-cost 4 4 52' E.naL I m TEI'"o tea 0EG JSDFP�eRn.�et 4 _7K. (6F581]Ow&n0'vrnncY. m PROJECT NO OnentFD F SOUTHOLD TOWNPOLICE I ORIENT DRAWN By MW PUBLIC SAFETY-90'AGL FIRE DISTRICT-90'AGL Y2� CHECKED BY > s'uIN s wn N vc.m i++lrrvnis enc M ED CAD RLE ORIENTFDAt 142' 43 SUBMITTALS N N HIEN OF COnCFNED 4 2/Ll/0 MOVE CYPNO BEHIND F No 3 6/30/ HExT,clNc,vERz to - 2 9D Pott o� 1 4/20/ sa PaLE m 65 t�tENfEF OF CON ED 0Or 12/6/04 FOR MPRWIL N THE INFORWRON CONTNNED W THR SET OF COC UMENT515 PROPRIETARY BY NATURE ONY.Sc OR DISCLOSURE OfHQt THAN--RELATES Tae N YnREL6 u1NA0ENEM 5 SRGCRY PROHIBITED IF RHS DRAWING 15 NOT LAWN 24 I,36.O IS NOT TO SC P9gEi,5X 90 IYGX RVSH SittE uONOPot1: .a fLUTED PO E i0 BE PANTED WHITE s BJ--a3'-sD•w s7o 70' o is 3a 60 AML PLOT PLAN LLum� 2 , _3o OSITE RIENT SCALE 1•=30' FIRE DISTRICT PLOT PW4 INFORu m N WEN FROM SURVEY PREPARED BY PECONIC SURVEYORS.P C PO BOX 909 SOUTHOLO N Y DRFD SURVEY OF PROPERTY FOR ORIENT FIRE 23300 MAIN ROAD DISTRICT AL ORIENT TOWN OF SOUTHOLD BATED JULY 2 2002 ORIENT NY 11957 SHEET TITLE PLOT PLAN &POLE ELEVATION K—,'�FLUSH MONOPOLE ELEVATION t/a•=1-o• e SHEET NUMBER ' Al - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT ORIENT FIRE DISTRICT OFSIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 18 - 5 - 13 . 8 -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,"�®� � S � residing at T 'fes New York, being duly sworn, depose and say that: On the da of March 2006 Y I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to be March 30, 2006 A �((Siigaure) / Sworn to before me this 2cJ day of March 32006 EDWARD JOHV, I:d"OYD 5th Notary Public Stats ei 'teirj York (Notary Public) 02BO0376625 SlliiClk County Commiss;on Expiros April 30, 200' *near the entrance or driveway entrance of my property, as the area most visible to passersby. c _s ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X In the Matter of the Application of CINGULAR/NEXTEL/VERIZON WIRELESS AFFIDAVIT OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 18 - 5 - 13 . 8 -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) L Ze 66 residing at e-3 60 1 `oZ� s �nn\\ ,New York, being duly sworn, depose and say that: On the day of March , 2006 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon,securely upon my property, located ten(10) feet or closer from the street or right-of-way (driveway entrance)– facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to thlat date of the subject hearing date, which hearing date was shown to be March 30, 2006 e (Signature) Swornjp,before me this of March , 200 6 CDWARD JOHN B®YD 5th Notary Public State of New York (Notary Public) 02B00376625 Suffolk County Commission Expires April 30, 200' *near the entrance or driveway entrance of my property, as the area most visible to passersby. EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O.BOX 1468 SOUTHOLD,NEW YORK 11971 (631)765.1555 FACSIMILE:(631)765.5969 E-MAIL:ejb@elilaw.net 1287 EAST MAIN STREET RIVERHEAD,NEW YORK 11901 (631)727.1010 FACSIMILE:(631)727.5524 E-MAIL:ejb@ehlaw.net March 29, 2006 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold,NY 11971 Re: ORIENT FIRE DISTRICT Tax Map No.1000-18-5-13.8 Greetings: Enclosed Affidavits of Sign Posting relative to both the Orient Fire District application and that of Cingular/Nextel/Verizon Wireless. Please make these affidavits part of their respective files prior to tomorrow's scheduled public hearings. Very truly yours, Edward John Boyd�17 EJB/bv Encs. MUNT,EY9 MEADE., NIELSEX & RE ATTORNEYS AT AW REPLY TO: F-1ATTORNEYS REPLY TO: 160 MIDDLE NECK ROAD 36 NORTH NEW YORK AvENuE GREAT NECK, NEw YoRK 11021 HuNTiNr-TON,NEw YoRx 11743 (516)487-6500 (631) 425-4100 TELECOPIER TELECOPIER (516)487-6539 (631)425-4104 March 28,2006 VIA UPS Ms.Linda Kowalski Town of Southold Zoning Board of Appeals 54375 Main Road Town Annex Building(NFB) Southold,NY 11971 RE: Application of New Cingular Wireless PCS,LLC. Nextel of New York,Inc., New York SMSA Limited Partnership d/b/a Verizon Wireless and Orient Fire District 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: In furtherance of you telephone conference with Christine Pepperman of our office regarding the captioned matter enclosed please find the following documents: 1. Original Affidavit of Mailing for Orient Fire District; 2. List of property owners to whom Public Hearing notice was sent; 3. Copy of Public Notice sent to property owners; 4. Copy of our cover letter sent to property owners; 5. Copy of Site Plan depicting proposal sent to property owners; and 6. White certified mail receipt cards(originally mailed to you VIA UPS overnight on March 17, 2006),which were returned to our office yesterday as"undeliverable". Very truly yours, MUNLEY,MEADE,NIELSEN&RE By: LawranceC. IRd, Lawrence C. Re LCR:cp Enclosures OFFICE OF ZONING BOARD OFAPPEALS 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 hftp://southoldtown.northfork.net Email: Linda.Kowalski(cb-Town.Southold.ny.us Jayne.MartineJown.Southold.ny us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX /7 � , l 6 MEMO TO: c, Ea DATE: RE: b 01UENTAssoC1AT10N BOX 282 . ORIENT • NY 11957 R1�� MAR 2 4 200 ARD OF APPEALS March 22, 2006 Ruth Oliva, Chairperson Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Ruth, Enclosed is a copy of a newsletter about the latest Orient Fire Department tower proposal. I am sending 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 MA � �� ASSOCIATION R � 4 2046 March, 20 °^�i��o OA8® °'�.4PPEACS FIRE DEPARTMENT TOWER HEARING ZONING BOARD OF APPEALS - MARCH 30, 1 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 higi I-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 communications 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 feel 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;mould 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 reviews and variance requirements. It runs for five years from April 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. T his makes the entire deal potentially very risky far OFD. e. OFD 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 members included. The future of the cellular phone business is uncertain, clogged with competition and the pressure of alternate technologies like wl-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 1 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. LS611 AN `IuatzO :[apjoTJxog -To 1uapisa-d Z96 t 1 L CON a!1'Od LS61AN `JuQ1.T0 a I ted Z8Z xog Od 06DIsod •s•n uopupossv Ju2Tz0 FROM :Barry FAX NO. :16313239775 Mar. 22 2006 07:58PM P1 MAR 2 3 200 March 22, 2006 (o, �ow�IV �a�o �� App. L.S To: Chairman Ruth Oliva and members of the ZBA From: Barry Janiss and Bonnie Kamen 1135 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. iss /Zn�e Kamen dn MAR 2 32 006 ll' j1hNING BOAR® OF APpBALS (,vim-,- C//Z 2 -/-A cr �o�v�•v f /3v�a 0 i4ptp e/,r L x T SUbMI Trvrd Jr� 27, LIO jv /. CCsut c� �'i N cf c /�A,Op D red" 1 ouv 2 06 4 4110 6A/ U S' /tvG&-A,oe/ uUA Niv a147 Via. zL1 Ul2i �ti�� IV' - S OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 htti):Hsoutholdtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: RO JG JD MS LKW FROM: U,�e, DATE: 3 / /6 /2006 /2006 RE: / 06 /06 Agenda (or MESSAGE: .) Correspondence or related attached regarding the above for your information; Thank you. Pages attached. J FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 12, 2005 RENEWED: March 14, 2006 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 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 Block 5 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 apply to both of these agencies directly. 4:;horiz d i ture 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 RENEWED: March 14, 2006 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 Block 5 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 PlanningBoard. You may apply to both of these agencies directly., Q� r ed'Si natu�:e---_ 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 RENEWED: March 14, 2006 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 Block 5 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 PlanningBoard. You may a to both of these agencies directly. rize Sign Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. 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PP G `Frn pphc"ation for•alteratloiisitoFa g ar nbt`_e a` ro,alslGnde'r.;LBAs#sas,datd' liabitdble;iithc g real`o`nesis[ed'iu`des.",'w�"3/3170.5 antlt$uiliiiiigI,te'imi�olE�312*�`;?� 1 e;rea" 7 Siy7hgttietittildi , rmitFa Lcafi Zx`) ::sb¢�tateillix;[tieil3u�tdmgtr;t6 B 1?e .1?p do is r.8 �} ,r Ins ecC '�'"' ,x'" a u` tOpa tlih'd`o stead ot; e:a7 g-a s haJSeo'tibn7pQx162hA(3)'s iesrt5etii yr r,a x `Co9'able2-11Zstb +" n; _a?reless;cpthni (cahonstf [-itiy.�`si'$ti••. 1 "D Bode hmitiihoii;'I:o:.: r .-. -..,.o",i 'cation of'Pioperty,31.O5wP x, ject'tq,s--i e;planap r44,al�and Nstrmeeta T ecoiddiI ane ; s,my �ponic1Mi1000 i£J tUe follpwingY#quitements- ;-r is '.�,�:1.6i1.;;, `rte-_u-, 9 35AIL_J17LIE'> I 4 co umcahoia kf ctlRieSM on jelC�tia c #5845r Re ifesiifoiavuraiiance, YG `i �tiO4'towers slial�'iegtitra`specral+ iSecttotis=l00=242`andr100; s; excephbu=approvalpurspanf� ,his;.a1`'f., ;1 244:,"based^" r•`-� c,c:;�� eein"!die tilfdmg`Tnspe azY 'ticl'add`shall. o[ rb ecotgper5tb**& c[orfs`�Tauu x:10,' -t' �••,_r'..., ,P.l �. feet-abo a tlie. vera eche 't o� `^• '2d0Io[ice.Of;IJisappEodal;Ecorse'erp- -:•+'..:,.�;, „q, ,•v.,.8. .�, H , girl 'a,:,;egoes`fr[oi�Eiu'ild'a3dttion��'Ri `t`�`uip`}gthin;3�0jf@`,CFAfi�d-fil�t ` lF58 ;" CsIJI i'e_aa"song=!ated,foF;denymg;Uie�}app rte;: LESS=5805'a o`ri'ie" ,ho ,•;shat�thenet-v,•constrdc =cam.,nr�RE..._., ' .P_-F; heR. ,: � 9 xw Y c•u.�....r-••yr�1 dr �� -a= r re Yrerf b att°rnev s le e c < {icrease;t)rie'ilegreerof;ponctinf'oimancer-=;t �?. e._ •z^^,-_>+. c.•--�, iTRfpic{f-�r2n"d`foi``O�D`=ameYii�Pd'a-ti whdul'ocate less[tia"u;30feerfrom,[lie ,front lot and less than 15 feet'from ttie;;.-t°Wer I°rn[�p-'•-Ife§uest;for-Specsal fide lot hne;at 305 Mill GYeek Dji`ve,, aontunxe'r:Sectio, 00s-1'6 t,forT 4Soufliold;CTM 135-3-28.2. - pulihctutrhty vse•('te"7tcom>bt`ini oiis^-,- t 940 AM?.RICFLSRD;and,KATfI-- ,;aneonnsti)oq a new tower'p'r'o osed to- ' !ERINE L,( K #585J6,Request fora 'VarianeeunderStctioti100-33,conc$Fm= L meat's toJec0inniu6iEatio`ns ��fl�agpole 'tag a reques6o Icicare a swimmi6g�pdol,iT fower�,)ta�s""amYeiid`eil�l'vIaticlt°8;21 P1 'm a front.aid in t o £lie,c'ode- uiredrear�yard;al1145.Hil1'ciestirove,�It`w {eJa dfacFesaoiy�+equipmegji;hbl-�lr q ter sfructure s. - Onent CTM 1000-13-2-8 9.- 2.30`]?W( NICHOLAS' r ` 955 A.M., JOHN and MARION ALIAIQO" RANDVOI D#5851:t7iRequest fon}Of R nI�S� V�l!96 s,�,�I��M,C) anancesOnde5 1Secft°ns1d00 42A.i;sltiitdUOb$3911/X(])_b ,1 00-744,anti'1b�739.4B based on'th ector I ding Iaspecfoi's Jativaryti30,:2006.;;Jy°g''�p�i ts,'�anurat,5��2<QQQQ66I(tiGce7fi &,Disdppz'ovdl,Coacernmg '. iltlmg ---_, once Of�,}�sisappyoval�conce;ntttg:an-;3kpDrmit:#31S$1Z)37�.�s'�gd�{ j� or.iX'ot�jt9 applicatiiori to change the scope ff"W61k' (- a.lo`�atiori het back less cqd\ granted untter Z$A#5516 relative o a _regtiveii{3001feeC • 'ppposed new single-family dwelling, rafter remoVdl•of`ttiefeiacjtn'g'fdwe jS?;3t7�OQgJslaud8ouudiblyiff7e ytlbe reasons stated denying the buddin n btiBtii�d.9 tns}iectdY,d'}ait'uary�13, �,ernut _ �_e new �,2006 NotiEe;of Disdpprtita50tfingtiie 'to stmctiop will be''lEW�an+"at 511e P, �`E�on 100-29¢.furir•redurgd�nt��Yacd r• y- 4h °•'- ' >?==`setback J6 3tteinattae r lief,wi [lie ,the,existing,Wood bulkhead„less'tliab applicant's suggested new dwelling the i10'feet in'a single.side yard,jess than and location,at less then d e,re isize p5 feet'onsflte opposite sstde•apd for-a 100eeire t=fr the'to of e ,,total side yard area at less'A&'a jee4',9 '^ s.g drdr Bf Pcation,o(Prgpertyi *5jBay Shoe less'thah e'Yoctu¢ed 40 ee from"tbe F t�2oad;GreenpoiY.GTN,,jQg0,5 i,�Fs§r433 0 luck Pond ad�GtttF 9gue r (', 10.0 AM J3LE15A' AItAS •• ClM 83 112`? ==CTAS#5850'RelluestfoiYai'ianc6 under- e.Board'ofAppealswill']iea`', .;., r' ectidns'100-33C and•100-244B,based- er- -,- _ .,,• s.. persons,0r,thbii fepresentapves;desir-- Build Pecithtt apd the Btulding jn t°6e fioe b e ''wnt[eii stat em nts� a p�� _Qg V o0fo .'before the,`o>aclnsion.o�,each Hea;ingw oundahooxi f f acc`essoiy�8i;rag ii a q' hearing wilF'abf starx earlier Haft ted:abote ,,, fro�tyaid ai 1 an,the�,c`o$e-re uired,r,� � +-'�•F�.��av alilept;`;, „�4�f�el�framfhe�fironi�r,`opeiiy]mge�I:q_��'revtetedufln��eghlaq�u�n'essliq�„aJ�?' =AveaNe Southold C17vf I SOOD 135 Y.2"w? Xatc orpntacrautp cea(5�31)55$q9 10.15iY :1KEIE?Ii:ASSO 'r-orlm8dkoicyals'ki@towgsqutkoldaty S�' TFS,> S•Date i 3LLC'c'o`:Ge3TQN.( IEZ#5 5 d Nlaicli1020U9 ;' t n I2etluestr�fQr:Yanarice's'u¢d'er Sega• `.�i..1, ^ZONINC�'HOARD I10D 239 )}+,audr10q;24yJ,bz sed_on the R2 I VOL — ----- tB_ittding?TnspecppIovalconte g n rntno6-T7�I91-1T3123 h1�?By Waa° waltu a;t ,proposed„dwelhngj'atilaiis than.35 feet;;, •,'�from'the,,fronGryard,lot•Jine and less••, `than•75;feet-from,the,bulkhead,at 1315 iWat.r'a,Xdge.,@V,ay tSoythoad;.;Cllyl. '1000-88-5-6 ,10. JOHNMILAZZO#5859. 1ReQuest'for Yanarices under” Sections'' �lOb-2394B;,10¢242A j;and 100-*" concerning proposed addition`s and al= Iter-i4inis to tlje`;eSnsting dyvellmg,,which,t cotis�titdte,an:mcrease in'tbe,degreeof-• nonconl'oilit'ahcd-w�iep located-at'less` jtlion76Yepf;on'a;sdipte'sideyjirdlnad,” ' -'dihbfi=tlie ue`vi('construction be fess'? th 'f5!f eat}fro> `ttie woodibullchead,' Iocah6OPProperty,t116 $,Islandvewi t ;Lane Greenport;Ci M 1000 57-2 20. - " - J. 1030==F,:M'"'PETLR'S"DOODY', -1#5"T-,Request for a Vanance_uuder, ,Se&ickV100-'33;based dun th'e'$'udding, '--Iuspectgr's October 28,2005 Notice df', • Disapproval,amended'January j0;?,006; - ',conceming a request.to`build'an a2e0-. '�sory swimming pool in p yard other than ' -idie'c"ode-requn'edzear_vard at 7fn n�- Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/10/06 Receipt#: 1817 Transaction(s): Reference Subtotal 1 1 Application Fees 5863 $200.00 Check#: 1817 Total Paid: $200.00 Name: Orient, Fire District 23300 Main Road Orient, NY 11957 Clerk ID: MICHELLE Internal ID,5863 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 03/09/06 ZBA# NAME CHECK # AMOUNT TC DAT P Cingular, Nextel and 1817 $200.00 5863 VerizonAUed'1 fee MAR 1 0 2006 n ou old Town Clead TOTAL $200.00 Thank you. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD SITE PLANS For Monday March 13,2006 at 4:30 PM. • Eastern Long Island Kampgrounds SCTM# 1000-40-3-5 Action: Update on site plan application. Status: Pending Town Board permit to operate a Recreational Vehicle Park as per Town Code Chapter 88. Recommendation: None at this time. Attachments: None. • Orient Fire District SCTM# 1000-18-5-13.8 Action: Update on site plan application and review of revised plan. Status: Review revised plan indicating new location of pole. Recommendation: Planning Board to review and accept revised site plan. Attachments: none Prepared by AF 3-9-06,3:53P pm 3, To•w°n'o Po u fiho;ld r�Q,App,:.Narrme,. ; i?ax},Maps.; :Q�:File P. '�O•�II-rS�p�' � : _�..�.:.E�._;. Board Member James Dinizio t Search: __ .. Hearin g:Times 1:JO JO PN 77 file-Number'. Name: Orient Fire District(Amendment) 'Rd ceived>:D te:E 3 21/0 Tot Fees: t --- Date farwarded=to{{own`Crerlc ^ :r°- -3/22/06 R „ � Hamlet: Orient Type: - ° Commercial Zone: R 40 F :. Status: New A �- `Nieetiri Dates �-� Buildiri `De tw � -i Location . 23300 Main Road &Tabor Road Meeting Date; i-'ND Date 1 10/4/04 `Short g ' Hearing:-Date�1- 3/30/06 'N[7kDater2 3/1/06 Eendedcation closer to fire district building; Desc.:, n. t to both Special Exception and variance Hearing Date,2 ND Qate 3 ,� - - - copy ; ariance at 90 ft. ,earing-Date-3 - ND.:6464 . i Building•Permit&PB site plan issued and of record Hearing Date 4 IVD°Date;5 =Y ref ZB #5408 (2 ), g - t I Notes = 005 Hearin �Date.5 �=N© Date_6 -'-- Action.gate: �' ��;ND Date:? 3/ '0(oR,:o A LAPS; 'Num Developed.by the Southold Town Qata`}?rocessirig+pepartnient i 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 #5408 dated 3/31/05 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 M �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, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net March 8, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, March 30, 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 March 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current 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 March 23rd: 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 March 23rd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and 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 Posting 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 Ends. 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 hftp://southoldtown.northfork.net Email: Linda.Kowalski(aD-Town.Southold.ny.us Jayne.Marti nna.Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX -? MEMO TO: 'cz) DATE: RE: 0k1E-,5-/t,5/ Gr 2 U f ST — a/9 �OEIL AS �+IuTlr:. yr H ; INS The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: . ' AME : ORIENT FIRE DIST. #5863 MAP # NE 18-5- 13 . 8 .; PECIAL EXCEPTION , HEIGHT VARIANCE VEQUESTmE PUBLIC UTILITY-TELECOM . USE DATE : THURSDAY, MAR. 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 . 1ONING BOARD-TOWN OF SOUTHOLD 765- 1809