HomeMy WebLinkAbout5939Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
$outhold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765.1809 Fax (631) 765-9064
ZBA# 595?
Tax Map #: /00LP ~,/~ -9 --t~./t
COVER SHEET WITH ZBA FILE
STATUS OF FILE
Location: /--]-t~_OO /01~e}7 ~-__oL.
[ ] Refund issued: CANNOT activate or reactivate file (Applicant has withdrawn
application).
["-~ NO REFUND DUE, based on time spent for Town to process application and
hearings.
[ ~K, ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION
NECESSARY:
Extensive time has passed; Zoning Code changes are now in effect and this application
expired. NOTE: Applicant may apply for a new application with Building Inspector for
a new Notice of Disapproval and submit NEW application with all documents and
current maps to ZBA, or modify plan to conform to the current code. This Town file
based on applicant's previous year requests has expired.
[ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED.
forms were returned to applicant early in process, as requested by applicant.)
(All
{;
RI~, NIELSEN, HUBER & COUGHLIN, LLP
ATTOtL,NEYS AT LAW
T~x~l,i. to~: (OOl) 425-~100
FAOSI~ZiL2: (0~31) 425-4104
80ARD OF APPEALS
April 16, 2010
Ms. Vicki Troth, Board Assistant
Town of Southold
Board of Appeals
53095 Main Road
P.O. Box 1179
S outhold, New York 11971-0959
Re: Pending ZBA File # 5939, New Cingular Wireless PCS, LLC
Dear Ms. Troth:
We consent to the withdrawal of this application inasmuch as the Town of Southold
Town Code has been amended and our Application for Special Exception Permit for this
proposed site is now pending before the Town of Southold Planning Board, consistent
with the procedure set forth in the amendment.
Thanking you for your courtesies, we remain
Very truly yours,
R12, NIELSEN~,.~CI::BER & COUGHLIN, LLP
~"/~" ~"Lawrence C. Rfi
LCR:cp
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
VIA CERTIFIED
http://southoldtown.nor t~
BOARD OF AP1 m
TOWN OF $OWI ~r
Tel. (631) 765-1809 Fax P-
USE
~ ........................... I I ...... ! ................ '111' /
April 15, 2010
Lawrence C. Re'
Mtmley, Meade, Nielsen & Re'
36 North New York Avenue
Huntington, NY 11743
RE: Pending ZBA File#5939, New Cingular Wireless PCS, LLC
Dear Mr. Re':
Your application has been dormant since June 2006. The Zoning Board of Appeals
is writing to inform you of their intent to close this application, unless within thirty (30)
days of your receipt of this letter, you respond in writing of your intention to move
forward.
If you have any questions, please contact this office. Thank you for your prompt
attention to this matter.
Sincere.~.
Vicki Toth
Board Assistant
Postage $
Ce~fied Fee
(Endomement ReqUired)
po~,mark
EXISTING STORAGE
BUILDING
~PO~NT STATE PARK7
RESTAURANT
AND MARINE FUELING
STATION
NOTE i
CONTRACTOR IS TO RESTORE ANY AREA WHICH IS
AFFEC,rED BY THE INSTALLATfON OF ANY ITEMS
AND EQUIPMENT WITHIN THIS SCOPE OF WORK
iNFORMATION SHOWN HEREON IS BASED UPON A SURVEY PREPARED BY:
NAWKrNB WEBB JAEGER PLLC, $239 ROUTE 112 BUlLDNO B-SUITE 1,
MEDFORD, NY 11763, (531) 752-7777, (DATED 'MAY 2006 PROJECT
[NO: 06-0099)
PROPOSED CINGULAR
HIGH RF COMPATIBLE
FLAGPOLE AND ANTENNAS
EXISTING SHORELINE
SITE PLAN
WILLIAM F COLLINS AIA
A g C H I T [ £: T S. LLP
ORIENT BY THE SEA RETAURANT
NYCENY1059 / LI- 1059
40200 MAIN RD
ORIENT POINT, NY 11957
6
Xcing wU,r
EXISTING BOAT LAUNCH RAMP
EXISTING BULKHEAD
NOTE;
2
INGULAR WIRELESS PCS, LLC
SITE pLAN
NYCENY1 OB9 L- 1 0
A
TYP
(22) PROPOSED
14' O' HIGHS:~
PROPOSED 14' TALL
(MINIMUM) dUNIPERUS
VqRGINIANA TREES PLANTED
AT +7' O" DC
(GUARANTEE TREES FOR A
PERrOD OF ONE YEAR) --
12,,
ON ALL S~DES
~SHRUB WRAP (50%
//OVER-LAP) UP TO FIRST
,/ BRANCH
SOIL SAUCER
FINISHED ~
GRADE
ROLL SACK
BURLAP
SUBSOIL
DEEP SHREDDED
WOOD CHIP MULCH
MIXTURE WITH TIME
RELEASE FERT TABLETS
PLANT SCHEDULE:
QUANTJTY BOTANICAL NAME COMMON NAME BPACrNG PURCHASE BrZE
22 JUNIPERUS VlRGINIANA EASTERN RED CEDAR 7' OC 14'-0' H~GH
PROPOSED LANDSCAPE PLAN
,/2~ROPOSED PLANT SCHEDULE AND DETAIL
ORIENT BY THE SEA RETAURANT
NYCENY1059 / LI- 1059
40200 MA~N RO
ORrENT POINT, NY ~1957
Xci ng wURLa r
I I I,,fr
SET SHRUBS AT ORIGINAL
D
C
A
N
E
4F~37
420' +/- ~
HAIN ~OAD (5.~ 25,) (66')
+7,$
+7.0
+7,1
//
//
/
/
/
/
/
//
,~EET N~
PRO.CT:
MAP OF LANO OF
H.®.H. ENTERPRISES
PROJECT No. 06-0099 RLE No,
DATE: MAY 2006 SCALE: I'=40'
DESIGNED BY:
DRAIIIIN BY:
REVISED: AREA= 4,64 ACRE5
ESTAD. I 8,'-/2
NOTES= I- FLEVATION5 US~ 2- PILIN~ INSIDF MARINA NOT INDICATED
3- FLOOD ZoNEs FXTR.APOLAT'FD
f=.F=.M,A. FLOOD INSURANC. F P. AT~ MAP
¢¢~ Of= 1026, HAP:~St, IO~C,OOg,,¢,
DATED MAT' 4, Iqqg'
f= ~ PRO J/2OO6 /O6-OOCiq/D~®/O6-OOqq_f=I FLD.Dp, i¢
HAWKINS WEBB JAEGER PLLC
ENGINEERS-,A, RCHI'IECTS-SURVEYORS-P LANNERS
3239 ROU~ 112, BUILDING 8 - SUI1E 1, MEDFORD, NEW YORK 11703
PH0NE (631) 732-////, FACSIMILE (631) 732-7780
SIIUA1E AT: ORIENT POINT SCU1HOLD, NY S.C. TAX MAP No. 1000-15 ~ ".,.1
inc u ar
~" WIRELESS
NEW ClNGUI R WIRELESS PCS, LLC.
SITE NUMBER: NYCENY1059 / L1-1059
SITE NAME: ORIENT BY THE SEA
DRAWING IND~ REV. DIRECTIONS: PROJECT INFORMATION
T-1 TITLE SHE~ A MID.ND AVE (NORTH~WEST) ~AKE RAMP (RIGHT] ONTO SR 17 TURN RCHT ONTO RAMP TAKE RAMP (LEFT) SCOPEOFWORK: AN UNMANNED TELECOMMUNICATfONS FACILITY INCLUDING
ONTO SR-4 TAKE RAMP (LEFT) ONTO 1-95 EXPRESS LN [NEW d[RSEY TPKE] MERGE ONTO ~-95 [NEW TELECOMMUNICATIONS EOUIPM[NT AT GRADE LEVEL ATOP NEW
EXPY] AT EXIT 73, TURN OFF ONTO RAMP KEEP LEFT TO SlAY ON RAMP BEAR RIGHT (EAST) ONTO
SP-2 PARTIAL SITE P~N, NOTES AND DETAILS A [OLD COUNTRY ROI KEEP STRA:GHT ONTO 5R-25 [MAIN RD] TURN LEFT (NORTH-WEST) ONTO LOVE LN SITE ADGRE~: 40200 MAIN RD
SP-3 ELEVATIONS A TURN RIGHT (NORTH EAST) ONTO CR 48 [MIDDLE RD] TURN LEFT (NORTH) ONTO CR 48 [MAIN RD] KECP
VICINI~ MAP APPLICA~: NEW C NGULAR W RELESS PCS. LLC
SITE LONGITUDE: W 72' 14' 388 ..NAD (83)
~ ~ ELEVATION: 7'-0" AMSL *.NAVD (88)
co~ A.~ sr*.~*.~S ¢/ ~ ~ t / Y SITE QUALIFICATION PARTICIPANTS
NOT L[MTED TO THE FOLLOWING: ~E~ ,,~ .~ % ~
~U LDING CODE OF THE TOWN 0F ~0UTHOLD -AMERICAN ~OCIETY FOR TE%TNO AND MATERIALS (ASTM) '~:~'
-BUILDING OFFICIALS AND COD[ A DM KIlT RAT ON (BOCA)AMERICAN %TANDARD~ ASSOCIATION (A:A) ~::: :~:'~--//~
~'~'"~ CONTACT BOB H~ ¢ ~OR~[~. . . ~H~ R~;TAURANT (b5l) 523-2424
~cingular _-~~~~, / ~ w,~ .... ~,~ , .
~ ORIENT BY THE S~ RETAURANT A ~5-~ 781CI .... LLC
W,LL,*.. <OL.,~S.,* NYCENY1059 /LI-1059 A ~// ~-
PROPOSED ELECTRIC ANO TELCO CONDUITS
TRENCHED UNDERGROUND FROM EXISTING
TRANSFORMER TO PROPOSED CINGULAR ELECTRIC
AND TELCO PANELS MOUNTED ON PROPOSED
CINGULAR EQUIPMENT PLATFORM ~
PROPOSED 14'-0" HIGH JUNIPERUS
VIRGINIANA @ 7'--0" O.C., ~YP OF
PROPOSED CINGULAR EQUIPMENT
CABINETS MOUNTED ON PROPOSER
ELEVATED GALVANIZED STEEL PLATFORM
EXISTING VEGETATION TRAILER AND
BOATS TO BE CLEARED PRIOR TO
START OF CONSTRUCTION
PROPOSED ClNGULAR COAXIAL ANTENNA
CABLES TRENCHED UNDERGROUND FROM
PROPOSED CINGULAR EQUIPMENT TO
NEW RF COMPATIBLE FLAGPOLE
PROPOSED ClNGULAR 100'-0"
HIGH RF COMPATIBLE
FLAGPOLE AND ANTENNAS
EXISTING SHORELINE
SITE PLAN
SCAL£ 1'=4O, O.
PROPOSED TELCO CONDUIT TRENCHED
UNDERGROUND FROM EXISTING UTILI~
POLE ~55 TO PROPOSED DSC CABINET
AT SOUTHWEST CORNER OF PROPER~I
EXISTING TRANSFORMER,
METER AND DISCONNECT
LOCATION OF PROPOSED
CINOULAR ELECTRIC METER
AND DISCONNECT
EXISTING STORAGE BUILDING
~EXISTING PROPERI~
OWNED BY ORIENT
POINT STATE PARK7
ORIENT BY THE SEA RETAURANT
NYCENY1059 / LI- 1059
40200 MAIN RD
ORIENT POINT, N.Y. 11957
4
'EXISTING
MARINA 7
cing
EXISTING UTIU~Ft' POLE
~35 WITH OVERHEAD
UTILITY LINES'
-- EXISTING BOAT LAUNCH RAMP
EXISTING BULKHEAD
EXISTING BAY ENTRANCE
3
NOTE:
CONTRACTOR IS TO RESTORE ANY AREA WHICH IS
AFFECTED BY THE INSTALLATION OF ANY ITEMS
AND EQUIPMENT WITHIN THIS SCOPE OF WORK.
NOTE:
CONTRACTOR TO PROVIDE SITE SPECIFIC SIGNAGE
ACCORDANCE WiTh C~NGULAR PROJECT TECHNICAL
SPECIFICATION FOR SITE SJGNAGE DOCUMENT NO.
24B97-01 I O00-SPS-AO02-O0015.
NOTE:
ALL TRENCHES TO BE HAND EXCAVATED AND
BACKFILLED TO ENSURE THAT EXISTING
UNDERGROUND UTILITIES ARE NOT DISTURBED.
MAKE ALL PVC JOINTS WATERTIGHT. TEST PRIOR
TO BACKFILLING.
NOTE:
THE CONSTRUCTION AND PLACEMENT OF THE FACILITY
WILL NOT INTERFERE WITH PUBLIC SAFETY
COMMUNICATIONS AND THE USUAL AND CUSTOMARY
TRANSMISSION OR RECEPTION OF RADIO, TELEVISION
OR OTHER COMMUNICATIONS SERVICES OR WITH
ELECTRICAL TRANSMISSION LINES.
NOTE:
DRAWING DEPICTS THE INSTALLATION OF NEW ANTENNAS, CABLING
~rc. THAT ARE TO BE MOUNTED WITHIN THE NEW FLAGPOLE
STRUCTURE, A CONCRETE FOUNDATION IS TO BE DESIGNED BY A
NEW YORK STATE LICENSEO PROFESSIONAL ENGINEER SIGNED
AND SEALED DOCUMENTATION FOR THiS WORK SHALL BE FILED
BY OTHERS.
JNOTE:
INFORMATION SHOWN HEREON IS BASED UPON A SURVEY PREPARED BY:
HAWNINS WEBB JAEGER PLLC, 5239 ROUTE 112, BUILDING B SUITE 1,
MEDFORD, NY 11765, (631) 752-7777, (DATED MAY 2006, PROJECT
[NO: o6 0099)
O' 20' 40' 80'
~ I
;ULAR WIRELESS PCS, LLC.
S~TE PLAN
PROPERTY L~NE __'~_ ~ ~' /:::: PARTY
~ E~;~TINO TRANg~RB~R TO PROPOSE[ SPECIFiCATiONS A,0 LOCAL CODES D
~2 ~ ~' ]r~ ~ ~;:~E:~:: ::B~:ET 11 THE SU"CONTRACTOR SHALL iNSTALL ALL EQUIPMEN] AND MATER'ALS ACCORDING TO TH[ MANU'ACTURER'S SPECIFICATIONS
~ f . --- --------____ .......,, ,~; / ~ ~ '2. THE ~UBCONTRACTOR ~"ALL PROTECT EXISTI"G 'MPROVEMENT~, PAV[MENTS, CURBS. ~N~SCAPING AND ~TRUCrURE~ ANY
L
~, PANELS MOUNTED ON PROPOSED CINGU~R 13 ALL EXISTING ACTIVE SEWER, WATER, GAS. ELECTRIC, AND OTHER UTILITIES WHERE ENCOUNTERED IN 7HE
~ ~ ~ ]~~~ ~..~ ._ ~ ~ ~)~( ~}/~ ~ WORK, SHALL BE REMOVED AND/OR CAPPED, PLUGGED OR OTHERWISE DISCONTINUED AT POINTS WHICH Will NOT ~NTERFER~
~ ~ ~ I;~;~ I ~ "', I ; ~ ~~ THEWITH OWNERTHE EX~CUTIONAND/OR LOcALOF THEuTiUTiEsWORK, AS DIRECTED BY THE RESPONS'BLE ~NGINEE", AND
~ ~ ~ / ~ '~.~ ~ ~ REQUIRED DURING CONSTRUCTION, SHALL BE IN CONFORMANCE WITH THE LOCAL GUIDELINES FOR EROSION AND SEDIMENT
COMPATIBLE CONCEALMENT / ~ ~ ~ ~ KATHREIN MFG: KATHREIN
FLAGPOLE~ _ ~/r}~L ~/rlA n t~kl,~ ~ t~/r~g ~ ~g DASHED LINE REPRESENTS PROPOSED PART NO: 800-10121 PART NOt ~NCLUDEE
7 C F~GPOLE LIGHT FIXTURE
A (6) PROPOSED CINGU~R / TO BE INSTALLED BY ClNGULAR AND UMTS
~P, (2 PER SECTOR) ~ -~ ~o/ ~OR 'A DRAWING DEPICTS THE INSTAL~TJON OF NEW ANTENNAS, CABUNG
PARTIAL SITE DETAIL
IF THIS SHEET'S l l' X 1~' REFER :: : ,' A
~ ~ W~RELE~ ~ ' ~ rIAL StT~ PLAN, NO~ES AND DETAILS
k E C H I T ~ C T 5, L L P 40200 MAIN RD ~ ~/ ............... . ' ~,~
PROPOSED FLAG TO BE PROVIDE ? NOTE.-
INSTALLED AND MAINTAINED BY DRAWING DEPICTS THE INSTALLATION OF
OTHERS PROPOSED ANTENNAS, CARLING ETC. THAT ARE TO
BE MOUNTED WITHIN THE PROPOSED FLAGPOLE PROPOSED FLAG TO BE PROVIDED,
BY OTHERS.
~~ HAD' CNTR. OF ~ ~ HAD CNTR OF (B) PROPOSE(] CINGULAR
ANTENNAS 0 COMPATIBLE CONCEALMENT
~ FLAGPOLE. IWP, (2 PER
PROPOSED' ClNGULAR ~'~ /
J J / PROPOSED 14' ~ HIGH / ANTENNA CABLE RACK
JUNIPERUS VIRGINIANA ~
7'-0" D.C., ~P, OF (2~)~ PROPOSED 14'-0" HIGH
m J / / / NUMBER: QF-1500. CDOR: ~ r ~ / EOU+PMET CABINET ' ' ~ MOUNTED TO PROPOSED
COAX AL ANTEN ~ ~:';: <'~7~
, CONCEALME~~ ~
ELEVATION P.O.OS:~ csc CAB,.~T ELEVATION
WILLIAM F COLLINS, ~l~ NYCENY1059 / LI- 1059 ~ ~ ~/ / ~- ~
~ / ',
MAll,I (.5.P--.~'~.5) (66')
O),dNEt~.
.USE
MARINA
TO:
FORM NO. 3
~ ,', .)~., NOTICE OF DISAPPROVAL
· ' ' - . ,,, DATE: May 11,2006
M~ley, Meade, Nielsen & Re ~C DGC~GH Ente¢fises (C~GUL~)
36 Noah New York Avenue
Huntington, ~ 11743
Please take notice that your application dated September 23, 2005
For permit for construction of a wireless communication facility tower with related equipment
structure at
Location of property: 40200 Main Road (Route 25), Orient, NY
County Tax Map No. 1000 - Section 15 Block9 Lot 8.1
Is retumed herewith and disapproved on the following grounds:
The proposal requires special exception from the Southold Town Zoning Board of Appeals and site
plan approval from the Southold Town Planning Board.
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A., Planning
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. northfork.net/Southold/
Examined
APproved
Disapproved
,20
,20.__
Expiration ,20
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do yOUlhave or need the following, before applying?
.... t Board of Health
~ t 3 sets of Building Plans
!'Q'---'J Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact: Lawrence C. Re'
Mailto:Munley, Meade, Nielsen & Re'
36 N. New York Ave., Huntington,NY
Phone: 631-425-4100 11743/
Building Inspector
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
Date ., 20
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
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 con-anenced 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 alter the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
New Cinqular Wireless PCS~ LLC
Si na ~of p i ant o~ e, ffacorporAtion)
(A Del a~gCe~r{ mi ~g~ ~, abl ~y company/
333 Crossways Park Drive, Woodbur.y, NY 11797
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Lessee
Name ofown~r~fpremises MGH Enterprises, Inc.
~' t' 1 r ....... (As on the tax roll or
If applicant ~]~o~,t-sli~t~k ~t~]~ ~tt~t~/iz~[~Yofficer
d ~ ~title ofco~ra~offic~)
os~ Syeet, System ,eve~opment ~anager
Builders License No.
Plumbers License No.
Electfici~s License No.
Other Trade's License No.
latest deed)
Location of land on which proposed work will be done:
4(1200 Main Road,~a/k/a S.R. 25)
House Number Street
Orient
Hamlet
Cqunty Tax Map No. 1000
Subdivision
(Name)
Section 15
Block 9
Filed Map No.
Lot
Lot
State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Restaurant ~ storage bqildi nq and dock (marina)
b. Intendeduseand occupancy Public Utility Wireless Telecommunication Facility - Unmanned
3. Nature of work (check which applicable): New Building
Demolition
4.
5.
Addition Alteration
Other Work,Pu,bl i c Uti 1 i }ff. Wi re~l ess,
, a, ecommun g c~7,5 one ,,ac ~., ~ty
t~Jescnpnon)
Repair Removal
Estimated Cost ~ \~.~ ~ tDD
If dwelling, number of dwelling units N/^
If garage, number of cars N/A
Fee
(To be paid on filing this application
Number of dwelling units on each floor N/^
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A
Restaurant:
7. Dimensions of existing structures, if any: Front 72
Height 2_0 ' Number of Stories /
Dimensions of same structure with alterations or additions: Front
Depth N/^ Height
8. Dimensions of entire new construction: Front i~, -
Height Il' - ~tt ~'"~0. t~>;~'i~)f5 Number of Stories
~ Irregular
9. Size oflot: Front Approx. 182' ~ear~pp~o~- ~q~,
N/A
Number of Stories
Rear 5"
. I rregula.r
DepthApp~n×.. ~70 '
Rear N/A
N/A
Depth '~f-- ~n
10. DateofPurchase March 29, 1979 Name ofFormer Owner Fitz-Arnold Realty Co.
ll. Zone or use disttict in which premises are situated MII- Marine II
12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO
13. Will lot be re-graded? YES__ NO X Will excess fill be removed fxom premises? YES X NO
MGH P.O. Box 333
14. NamesofOwnerofpremises~Address0rient. NY 11957 PhoneNo.
Name ofArchitect VJ~c~O,~ IF, CO1~145 Address~,[~w~°,~'~ Phone No ~'at-68q- gxt~
Name of Contractor l~tc~r~.~ -F~l u ~,~m~ (c~¥/o a~Address I ,~*i~ n t}~.~3~lphone No. ~ - -/53 - ~.1 ~,
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES '~ NO__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet ora tidal wetland? * YES '~ NO__
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF )
Joseph Sweet being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)Heis~e System Development Manager of New Cingular Wireless PCS, LLC
(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 ~nd file this application;
that all statements contained in this applicatiofi are tree to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this
I':~l~r~ day of-~/~Or~-x 20 {)~P
X-/Notary Public s
l~otary Pubic, ~t~ of New Y~
h~s~~O A cant
w/eet,'~s~em ~)e~¢opment Manager
Fee: $ ~, JFiled By: d 1,? ' ~,~ ,, /)~, Date Assigned/Assignment No. · ' /~
Bu ess~n s
ParcelLocation: House~oA0200 Street Main Road Hamlet Orient
SCTM1000 Section 15 Block9 Lot(s) 8 LotS~e4.55acrZoneDistriet MII-Marine II
1 (WE) APPEAL~HE W~TTEN DETERMINATION OF THE BUILDING INSPECTOR
~ppl icant/Le'ssee: ...... ~ ....
~x~~: iNew bi~g~/ar ~ireless Fbb, LLU
Address: 333 Crossways Park Drive, Woodbury, NY 11797
Telephone: 516-677-6503
Fax:
NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Lawrence C. Re'
Authorized Representative : Munley. Meade. Nielsen & Re'
Address: 36 North New York Avenue, Huntington, NY 11743
Telephone: 631-425-4100 Fax: 631-425-4104
Please specify who you wish correspondence to be mailed to, from the above listed names:
[] Applicant/Owner(s) ~ Authorized Representative [] Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
[] Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article ×¥I Section 100- 16§ Subsection B
100-162 E~a)
Type of Appeal. An Appealis made for: 100-163
~ A Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of access required by New York Town Law-Section 280-A.
[] Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal [] has [] has not been made with respect to this property UNDER Appeal
No. Year
Page I
REASONS FOR APPEAL (additionai sheets may be used with applicant's signature): (Please see Attached
Page 2a)
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
(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:
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
(5) Has the alleged difficulty been self-created? ( )Yes, or ( )No.
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND I~EASE COMPLETE THE A~I~FACHED USE VARIANCE
SHEET: (Please be sure to consult your attorney.) ~
~ff~[r~/of Appellant or Authorized Agent
(~ent ~st submit wrinen Authorization from Owner)
Sw°rnt~)~bef?rt~met~i~. ~,osep~ Sweet, System Development Manager
dayof I ~' ~,20'/~ O. \ ~
Notary P~lic
Page 2
APPLICATION OF NEW CINGULAR WIRELESS PCS, LLC TO THE
SOUTHOLD TOWN BOARD OF APPEALS
PAGE 2a
Premises: 40200 Main Road, Orient, NY
AREA VARIANCE REASONS:
Pursuant to Section 100-165B, the minimum lot size for the siting of the
telecommunications structure is five acres. Upon information and belief, the lot in
question is 4.55 acres in addition, pursuant to Section 100-162(A)(3), wireless facilities
in the zoning district in question shall not project higher than ten feet above the height of
buildings within 300 feet of the facility. Moreover, Section 100-163E(2)(a) states that in
approving a special exception the Zoning Board may waive or reduce the criteria, but that
the increase in height of the proposed tower may be up to 15 feet above the height
allowed by the Code with the maximum height total of no more than 60 feet. The
proposed pole does not comply with these sections.
New Cingular Wireless PCS, LLC is licensed by the Federal Communications
Commission to operate a personal wireless service in Suffolk County and throughout
much of the United States. In order to provide reliable service, Cingular must establish
wireless antenna facilities at locations and at heights determined by its engineers. There is
a service deficiency in the eastern part of Orient. In order to eliminate this deficiency, a
facility must be established in the area near the proposed site, and at the height proposed.
We believe this is the least obtrusive way to provide service to the community. This
application is governed in part by the Federal Telecommunications Act of 1996.
Page 2a
Applicant:
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
New Cingular Wireless PCS, LLC Date Prepared:
I. For Demolition of Existing Building Areas
Please describe areas being removed: N/A
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: 4(313
Dimensions of new second floor:
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Alterations or Interior Structural Changes without enlargement/extension
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: N/A
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 3,450
Proposed increase of building coverage:
Square footage of your lot: ir4$t\ 45, ~ ~tB. ~:T.
Pementage of coverage of your lot by building area: i,
V. PurposeofNewConstructionRequested: Public Utility Wireless Telecommunications
Facility
VI. Please describe the land contours (fiat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s): ~ ~-/~ T
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking corners for new construction), or photos of existing building area to be altered (area
of requested changes).
7/2002; 2/2005; 1/2006
Page 3
TOWN OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
Application No.
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: New Cingular Wireless PCS, LLC
K (We), (Applicant/Lessee) of 333 Crossways Park Drive
(Residence, House No. and Street)
(Hamlet, State, Zip Code, Telephone'Number) ~' ~
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE XVI , SECTION100-162 , SUBSECTION A
for the below-described property for the following uses and purposes (and as shown on
the attached plan drawn to scale):
Premises:
40200 Main Road, a/k/a S.R. 25
South side of Main Road, 400 feet east of Cedar Beach Road
SCTM#1000-15-9-8
Proposal:
Public Utility Wireless Telecommunications Facility
Erect flagpole/monopole, install public utility wireless telecommunications
antennas therein, and install related equipment on ground as depicted on
plans.
A. Statement of Ownership and Interest.
MGH Enterprises, Inc. is(are) the owner(s) of
property known and referred to as 40200 Main Road. Orient
(House No., Street, Hamlet)
identified on the Suffolk County Tax Maps as District 1000, Section 15 , Block 9 .,
Lot(s) 8 , which is not (is) on a subdivision Map (Filed
"Map of "Filed Map No. ,
and has been approved by the Southold Town Planning Board on
as a [Minor] [Major] Subdivision).
The above-described property was acquired by the owner on March 29, 1979
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons: SEE ATTACHMENT "A".
C. The property which is the subject of this application is zoned MII- Marine II and
[ x] i.s c~n~i~¢n~ with the use(s) described in the Certificate of Occupancy being
furnished herewith.
[ ] is not consistent with the Certificate of Occupancy being furnished herewith
for the following reason(s):
[ ] is vacant land.
COUNTY OF SUFFOLK)
STATE OF NEW YORKi ss.:
~ ,~ I ~i gn/~B~4~e ~6s~ph Sweet, System Development ~.lanager
Sworn ~o before me this
~y Public'S' ~
Q~
ZB2 (rev. 2/6/86)
ATTACHMENT "A"
Application for Special Exception
Town of Southold Zoning Board of Appeals
Applicant: New Cingular Wireless PCS, LLC
Response to Item B of the Application for Special Exception:
The Applicant, New Cingular Wireless PCS, LLC, is licensed by the Federal
Communications Commission to operate a personal wireless service system in Suffolk
County and throughout much of the United States. It is considered to be a public utility
for zoning purposes.
The Applicant is unable to provide reliable service in the vicinity of the proposed site.
There are no existing structures of sufficient height that are suitable for use as a
telecommunications antenna facility. The proposed site at 40200 Main Road, Orient,
NY, is the most appropriate site for the installation of the antenna structure. The
structure is to be designed as a flagpole and the Applicant's antennas will be enclosed in
the flagpole. This design will completely conceal the AppJicant's antennas and represents
the least obtrusive means for the Applicant to provide its s~ices to the surrounding area.
New Cingula~~L~, LLC
(~sepl~ Sweet
k,~tem Development Manager
Sw~4'n ?o bef°re [~ ~.~
[ ]~tay of . ,2006
N~t ary Public
4280.LI1059
Page 1 of 3
Tectonic Engineering & Surveying
Consultants P.C.
4280,LI1059
Page 2 of 3
Tectonic Engineering & Surveying
Consultants P.C.
4280.Lt1059
Page 3 of 3
Tectonic Engineering & Surveying
Consultants P.C,
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[] Yes [] No
Are there any proposals to change or alter land contours?
[] Yes !~1 No
1) Are there any areas that contain wetland grasses? No
2) Axe the wetland areas shown on the map submitted with this application? N/^
3) Is the property bull<headed between the wetlands area and the upland building area?
N/^
By:
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its detennination of jurisdiction? N/^ Please confirm status of your
inquiry or application with the Trustees:
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? NO.
Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? No. (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place at this time concerning your premises? No.
If yes, please subnfit a copy of your building permit and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel? No.
the proximity of your lands on your map with this application.
. If yes, please label
H. Please list present use or operations conducted at this parcel Restau rant and Mar/na
and proposed usePubl ic Uti 1 ity Wireless Telecommunications Fac/1 ity
(examples: existing: single-family; proposed:
M G H/,~/t 6,.~ i ~S, Inc. same with garage.)
Authorized Signature and Date 2/05
APPLICANT
TRANSACTIONAL DISCLOSURE FOP, aM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: New Cingular Wireless PCS, LLC
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other X
If "Other",
name the activity: Application for Area Variance to the Town of Southold
Zoning Board of Appeals
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
YES NO X
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this '~o~ ..,.-~'
Signature: _L--'%x~'N kl'~
Print NameT- d ~'s"~0h 1S~et. Sys tern Development Manager
Ne~ C~Nqgular Wireless PCS, LLC
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: New Cingular Wireless PCS, LLC
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other X
If "Other",
name the activity: Application for Special Exception to lown of Southold
Zoning Code
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
parmership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
YES NO X
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this ~
Signature: tcnl~ \ 4'~
Print Nam~eo~ Stweet. System Development Manager
~%~ingular W)reless PCS, LLC
14-t6--4 (9/95}--Text 12
PROJECT LD. NUMBER 6'~7,20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.PART I--PROJECT INFORMATION (TO be completed by Applicant or Project sponsor)
1. APPLICANT/BPONSOR I 2. PROJECT NAME
New Cin§ular Wireless PCS. LLC
3. PROJECT LOCATION:
Municipality Southo1 d co,my Suffolk
40200 Main Road, a/k/a S..R. 25
South Side of Main Road, 400 feet east of Cedar Beach Road
SCTM#: 1000-15-9-8
(.,J/+f.,.O~.,~~r'''
SEQR
5. IS PROPOBED ACTION:
[~ New [] E.xganslon r'-] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Public Utility Wireless Telecommunications Fac~]~: Erec~ f]agpole/monopole,
~ns~all pub]~c u~1~5 w~eless [elecommun~ca~ons antennas the~e~n, and
~ns[a]] ~ela~ed equ~pmen~ on g~ound as dep~c[ed on p]ans.
7. AMOUNTOF~NDAFFE~ED: Lo[ s~ze: 4.55 ac~es. Leased A~ea:
Initially a~es Ultimately acres
8, WILL PROPOS~ ACTION COMPLY W~H ~ISTING ZONING OR OTHER ~ISTING ~ND USE R~I~]ONS? ~Yes ~No IfNo,=escH~b~l~ By Special Exception Permit
9, WHATISPR~ENT ~NDUSEINVICiNITYOFPROJECT?
[--}~sIQentl~ F'~ln~ustr~ ~:]~mmel'~al r'~Agrl~uitu~ []p=k/FotesUO~ns~e
A ~,=l,: The p~emises qre bordered on the east b~t~e federal go.vernme~ P]~m Island
nimal Disease benter a~ministrative center, including a ~erry [ermina/. lo ~ne wes[ is
Orient Beach State Park. Residences are along the north side of Main Road. To the south is
Gardiners Bay.
10. DOES ACTION INVOLVE A PERMiT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes [:~ No It yes, list agaaey(s) and pemllt/al:~mval~
11. DOES ANY A~PECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
[] YeS [] No If yes, list agency/!ama and permit/approval
12. A~ A RESULT OF PROPOSED ACTION WILL E~ISTING PERMmAPPROVAL REQ<JIRE MODIFICA'nON?
I CERTIF~AT THE INFORMATION PROVIDED ABOVE I$ TRUE 1'O THE SE.'~T OF MY KNOWLEDGE
s,,,t~r, BV:L~,~ ~ Joseph Sweet. Svstem Development Manager
[ If~l~e a~ton Is in the Coastal Area, and you are a state agency, complete the
~-.,~:~stal Assessment Form belore proceeding with this assessment
OVER
3ART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
WIL~. ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 61767 I~ NC. a negative ce¢tarahO~
may 0e suoerseoe~ by ano~t~el itl¥olveC agency
o. WILL THE PRCJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
~'~ Yes [] No
e. is THERE, OR Is THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
~ Yes [] NO If Yes, explain Priefly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether iris substantial, large, important or otllerwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural}; (b) probability of occurring; (c} duralion; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, adc~ attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that ail releYant adverse impacts have been identifiecl and adequately addressed, il-
question D of Part ii was cl~ecked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmenlal characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse irn]5?cts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant aciverse environmental imDacts
AND provide on attachments as necessary, the reasons supporting tl3is determination:
INSTRUCTIONS
CONSISTENCY ASSESSMENT~RM
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town Of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
andother ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C,the preparer 0f this form should review the exempt
min0racti0nlist, p01iciesandexplanati0ns0feachp01icy contained in the Town 0fS0uth01dLocal
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes" or no" then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus~ each answer must be explained in detail listing both supporting and non-
suvvortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown. northfork.net), the Board of Trustees Office, the Planning Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# ~5 9 8
PROJECT NAME Special Exception and Variance Application for New Cingular Wireless PCS, LLC
The Application has been submitted to (check appropriate response):
Town Board [~ Planning Board ['~ Building Dept. [~] Board of Trustees
I. Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital [--]
construction, planning activity, agency regulation, land transaction)
Co) Financial assistance (e.g. grant, loan, subsidy) [~
(c) Perm/t, approval, licetise, certification: [~
Nature and extent of action:
The proposed action involves the construction of a "flagpole" monopole, which would have the antennas of New Cingular
Wireless PCS, LLC concealed within. ~llae proposed monopole would extend to a height of 100~:-feet above grade level Cagl").
In addition, proposed ground-based equipment would be placed on an elevated steel platform and would extend to a height of
11-feet-2-inches agl. This equipment would be surrounded by a six-foot agl chain link fence with a four-foot agl Iockable gate.
LOcation of action: Orient byil~Sea Restaurant, Main Road, Orient
Site acreage: .009± acres (represents proposed equipment area only).
Present land use: commercial
Present zoning classification: Marine II (Mil)
If an application for the proposed action has been filed with Se Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: New Cingular Wireless PCS, LLC
(b) Mailing address: 333 Crossways Park Drive
Woodbury, New York 11797
(c) Telephone number: Area Code ( )(516) 677-6503
(d) Application number, if any: unknown
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
New York State Depamnent of Environmental Conservation
Yes I/r'q No I I If yes, which state or federal agency?(ridal Wetlands Permit)
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEyELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
[~Yes ~] No [~ Not Applicable
The proposed flagpole would be situated on previously disturbed land and would be constructed on a portion of the property that is
currently unvegetated. Moreover, the flagpole would occupy minimal space and would conceal the antennas within the pole.
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
[~ Yes ~] No ~] Not Applicable
· Although th________~e subject property is located ' archaeologically sans'~ propos 'on consists of the disturbance of 0.009~
acre, which is part of a parcel of' land tha t and marina. Moreover, the design of
the proposed facility, such that the antennas would be concealed within a flagpole, would help mitigate any potential visual impacts.
Furthermore, review of all available data did not identify any historic resources proximate to the proposed facility location.
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
Yes V1 No [--] Not Applicable
The proposed facility has been designed such that the antennas would be concealed within a flagpole to be situated on the property of the
Orient by the Sea Restaurant. As such, although the proposed flagpole would be visible from the surrounding area, it would be
harmonious with the surrounding development.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
[~ Yes [~] No [5~ Not Applicable
The proposed area of disturbance is only 0.009± acre. As such, there would be minimal disturbance on the site. Moreover, the proposed
facility would be unmanned. The ground-based equipment would be situated on a steel platform, which would not result in an increase to
impervious area.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
~] Yes [--] No [5~ Not Applicable
As the proposed facility would be unmanned, it would not require potable water nor would any sewage or solid waste be generated·
Thus, there would be no benefits or impacts to water quality or quantity.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
[--] Yes [--] No [5~ Not Applicable ~5~,. ~ ~
As the proposed facility would
impacts to any ecosystem s. M oreover, an application to the New York State Department of Environmental Conservation will be made
for a Tidal Wetlands perm it. As such, the applicant would eom ply with any conditions imposed by such agency.
amount of unvegetatcd land, it is~ be no significant adverse
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
[-~ Yes ~] No [~ Not Applicable
As the proposed facility would be unmanned and would require minimal vehicular trips, there would be no significant adverse impacts to
the air quality of the surrounding area. Moreover, the proposed equipment consists of fan-cooled equipment cabinets th'at do not contain
any refrigerants. Thus, there would be no impacts associated with such chemicals.
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
[~Yes [1.] No[~ Not Applicable
The proposed action involves the construction of an unmanned facility, thus no solid waste, hazardous substances or other wastes would
be generated.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[-"]Yes~] No [~ Not Applicable
As the proposed facility would occupy a minimal amount of land that is undeveloped and on a portion of the subject property that is not
utilized, it would have no impact on public access to or recreational use of, coastal water, public lands and public resources.
Attach additional sheets if necessary
WORKING COAST POLICIES
P61icy 10. Protect Southold's2~ater-dependent uses and promote si of new water-dependent uses in
suitable locations. See LWRF~ction III - Policies- Pages 47 throtl for evaluation criteria.
[~ Yes ~ No [~ Not Applicable
As the proposed action is a public utility communications facility it would not directly protect or promote the siting of water-dependent
resources. However, in accordance with the applicant's FCC license, reliable wireless service would be provided to the area. Thus, while
not directly impacting water-dependent uses, existing and future water-dependent uses would benefit as communication for general and
emergency situations would be enhanced.
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
es [ I No [~Not Applicable
As the proposed facility would be unmanned, and is unrelated to marine resources, it would neither benefit nor impact same.
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold See LWRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
Yes [~ No [~ Not Applicable
The proposed action would have no impact on agricultural lands in the Town as the proposed facility would be situated on the previously
disturbed property of the Orient by the Sea Restaurant and marina.
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
['~Yes [---] No Not Applicable
The proposed project would use minimal electricity and would be unmanned, therefore, the effect on energy and mineral resources wouk
be minimal.
PREPARED BY -
Girihy Wattal
Amended on 8/1/05
TITLEVice President, Planning DATEApri114, 2006
TOWN OF SOUTHOLD : BUILD1NG DEPARTMENT
COUNTY OF SUFFOLK: STATE OF NEW YORK
In the Matter of the Application of NEW CINGULAR WIRELESS :
PCS, LLC,
At the premises:
40200 Main R, oad (a/k/a S.R.25) :
South side of Main Road, 400 feet east of Cedar Beach Road
Orient, New York :
District 1000 Section 15, Block 9, Lot 8
AUTHORIZATION
OF
OWNER
STATE OF NEW YORK )
)SS.:
COUNTY OF SUFFOLK )
of the premises known as District 1000, Section 15, Block 9, Lot 8 (the "Premises" hereafter), and do
, being duly sworn, deposes and says:
of MGH Enterprises, Inc., owner in fee
hereby authorize New Cingular Wireless PCS, LLC ('Cingular' hereafter), and its representatives to
bring such applications for municipal approvals as may be necessary for constructing or installing on
the Premises such antennas, support structures, and related equipment as Cingular may require for
the establishment of its public utility wireless telecommunication facility. As such, I will fully
cooperate with Cingular and its agents in obtaining any required Approvals.
Sworn to before me this
~day of 5~)/X9C"~ ,2006
NOTARY PUBLIC
MGH Enterprises, Inc.
Robert Haase
FORM NO. 4
B31-3E3- 133E
TOWN OF SOUTEOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CSETIFICATE OF OCCUPANCY
No: Z-28163
Date: 01/11/02
(HOUSE NO.) (STREET) (HAMLET)
county Tax Map NO. 47388~ Section 15 Biock 9 ~ot 8.1
(OWNER)
o~ the aforesaid buildinH
1/81
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z19054
Date MAY 17~ 1990
THIS CERTIFIES that the building
Location of Propert~ 40200 MAIN ROAD
House No.
County Tax Map No. 1000 Section 15
Subdivision
BUSINESS ALTERATIONS
ORIENT
Street Hamlet
Block 09 Lot 08
Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated DEC. 27, 1988 pursuant to which
Building Permit No. 017786Z dated JAN. 27~ 1989
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ALTERATION TO EXISTING BUSINESS BUILDING.
The certificate is issued to MGH ENTERPRISES INC.
(owner)
of the aforesaid building,
SUFFOLK COUNTY DEPARTMENT OF HFJLLTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N070685 MAY 9, 1989
PLUMBERS CERTIFICATION DATED KING PLUMBING & HEATING MAY 10~ 1990
Building Inspector
Rev. 1/81
FORM NO. 4
TOWN OF 5OUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificale Of Occupancy
No ....Z.1.5.9.3..1 ..... Datc ... July B, 1987
THlS CERTIFIES that tlle building remodel & addition to restaurant.
Subdivision .............. X. ........ Fil*dMapNo.....,X ...LotNo. ....
conforms substantially to the Application for Building Permit her~tot'or¢ filed in this office dated
· ,. ,Qq .tg~,e.r., .l p. ,. . .1.9 .8 6; pursuant to which Building Pcrmit No ....... 1.5. ~,0,7,~. ........
dated .O.c. ~-9.b9.~. ~ 7., 1..9.8 6 was issued, and conforms to all of the requiremenls
......... ?o'~.;; '.,dm~'~i/o ......................
of the aforesaid building.
Suffolk County Department of Health Approval .....
UNDERWRITERS CERTIFICATE NO.,.
PLRHBERS CERTIFICATION DATED:
...........
.......
N/A.
Building Inspector
02/08/2006 18:08 FAX
02/04/2606 00;~1
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02108/2006 18:10 FAX
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C,1,0o
M,~,H, ~i~ZBne, INC.; having mn of E~ce
at Main Road, Ortmn{ Polar, Now York 11957
~ 003/005
PAGE 04/06
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york ~g ~ pgi~lnrly ~ ~ ~ ~ follo~:
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30,~ fat, m ~ ~iar or pll~ of B~G]NN~NG.
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may
be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of
a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis, In addition, many who have knowledge
in one particular area may not be aware of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process
has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part I: Provides objective data and information about a given project and its site. By identifying basic project data, it assists
a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance
as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The
form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA FOR LEAD AGENCy USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions
Identify the Portions of EAF completed for this project: N Part 1 r-'lPart 2 r'-'JPart 3
upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that:
The project will not result in any large and important impact(s) and, therefore, is one which will not have a
significant impact on the environment, therefore a negative declaration will be prepared,
Although the project could have a significant effect on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore
a CONDITIONED negative declaration will be prepared.*
The project may result in one or more large and important impacts that may have a significant impact on the
environment, therefore a positive declaration will be prepared.
Conditioned Negative Declaration is only valid for Unlisted Actions
Special Exception and Variance Application for New Cingular Wireless PCS, LLC
Name of Action
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Title of Responsible Officer
Signature of Responsible Officer in Lead Agency
Signature of Preparer (If different from responsible officer)
website
Date
Page I of 21
PART 1--PROJECT INFORMATION
Prepared by proJect sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as partofthe
application for approval and may be subject to further verification and public review. Provide any additional information you believe
will be needed to complete Parts 2 and 3.
It is expected that completion of the full FAF will be dependent on information currently available and wilt not involve new studies,
research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance,
Name of Action Special Exception and Variance Application for New Cingluar Wireless PCS, LLC
Location of Action (include Street Address, Municipality and County)
Orient by the Sea Restaurant, Main Road, Orient, Town of Southold, Suffolk County
Name of Applicant/Sponsor New Cingular Wireless PCS, LLC
Address 333 Crossways Park Drive
City / PO Woodbury
Business Telephone (516)677-6503
State New York
Zip Code t 1797
Name of Owner (if different) MGH Enterprises, Inc. c/o Orient by the Sea Restaurant
Address Main Road (Route 25)
City / POOrient
Business Telephone (631)323-2424
State ._New York
Zip Code 11957
Description of Action:
The proposed action involves the construction of a "flagpole" monopole, which would have Cingular Wireless antennas concealed within, and the
placement of ground-based equipment proximate to the base of the monopole. The proposed flagpole would extend to a height of 100~:-feet above
grade level Cagl"). The proposed ground-based equipment would be placed on an elevated steel platform within a 400 square foot (0.009~-acre)
area, and would extend to a height of 11-feet-2-inches agl. It should be noted that as the equipment would be placed on an elevated steel platform,
the ground beneath would remain unvegehated in character. This equipment area would be surrounded by a six-foot agl chain link fence with a
four-foot agl lockable gate. Additionally, a pole-mounted GPS unit would be installed proximate to the equipment cabinets.
Page 2 of 21
Please Complete Each Question-.Indicate N.A. if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: [] Urban [] Industrial [] Commercial
[] Forest [] Agriculture [] Other
D Residential (suburban) [] Rural (non-farm)
2. Total acreage of project area: .009±*
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24.25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
other (Indicate bjpe)
acres. *Represents fenced equipment area only.
PRESENTLY AFTER COMPLETION
0 acres 0 acres
0 .acres 0 acres
0 acres 0 acres
0 acres 0 acres
0 acres 0 acres
.009:t: acres .009± acres
0 acres 0 acres
0 acres 0 acres
3. What is predominant soil type(s) on project site? Bc (Beaches) and Fd (Fill land, dredged materiaI)
a. Soil drainage: [~Well drained I00 % of site ['~ Moderately well drained % of site.
~ Poorly drained % of site
b. If any agricultural land isinvolved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land
Classification System? N/A acres (see 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? [] Yes [] No
a. What is depth to bedrock 500-J: , (in feet)
5. Approximate percentage of proposed project site with slopes:
~o.10% 100 % ~10- 15% % D15% or greater
%
6. Is project substantial~ontiguous to, or contain a building, site, or district, listed on the State or National Registers of
Historic Places? [] Yes [] No
(Lon~ Beach/Orient State Park)
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ~Yes E_]No
8. What is the depth of the water table? 7± (in feet)
9. Is site located over a pdmary, principal, or sole source aquifer? []Yes
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area?
~No
r~Yes DNo
Page 3 of 21
'11. Does project site contain any species of plant or animal life that is identified as threatened or endangered*. DYes [] No
Accordin[I to:
Identif~ each species:
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations?
DYes []No
Describe:
13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [~Yes DNo
If ~/es, explain:
14. Does the present site include scenic views known to be important to the communit)r?
15. Streams within or contiguous to project area:
16.
INone ......................
a. Name of Stream and name of River to which it is tributary
Lakes, ponds, wetland areas within or contiguous to project area:
Tidal wetlands (Map 730-558); National Wetlands Inventory (EluBlx). It should be noted that portions of this area are
bulkheaded.
b. Size (in acres):
Page 4 of 21
17. Is the site sewed by existing public utilities? [] Yes [] No
a. If YES, does sufficient capacity exist to allow connection? [] Yes
b, If YES, will improvements be necessar~ to allow connection?
[ ]Yes DN° (on-site connection)
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and
304? DYes []No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL,
and 6 NYCRR 617? []Yes []No
20. Has the site ever been used for the disposal of solid or hazardous wastes?
B.
1.
Project Description
Physical dimensions and scale of project (fill in dimensions as appropriate).
Yes [] No
a. Total contiguous acreage owned or controlled by project sponsor: .009±
b. Project acreage to be developed: .009± acres initially;
c. Project acreage to remain undeveloped: 0 acres.
d. Length of project, in miles: N/^ (if appropriate)
e. If the project is an expansion, indicate pement of expansion proposed.
f. Number of off.street parking spaces existing N/A ; proposed 0
g. Maximum vehicular trips generated per bear: ] mr mon~
h. If residential: Number and type of housing units: N/A
acres. Represents fenced equipment area only.
acres ultimately.
%
Unmanned facility
(upon completion of project)? To inspect equipment.
One Family Two Family Multiple Family Condominium
Initially
Ultimately
i. Dimensions (in feet) of largest proposed structure: 100~* height; --
j. Linear feet of frontage along a public thoroughfare project will occupy is? 0
How much natural material (i.e. reck, earth, etc.) will be removed from the site?
Will disturbed areas be reclaimed DYes [] No ~IN/A
a. If yes, for what intended purpose is the site being reclaimed?
width; --
ft.
length.
50± ~/cubic yards, *monopole foundation
b. Will topsoil be stockpiled for reclamation? N Yes [] No
c. Will upper subsoil be stockpiled for reclamation? DYes [] No
How many acres of vegetetion (t~es, shrubs, ground covers) will be removed from site? 0
acres.
Refers to the height ofproposed flagpole monopole.
Page 5 of 21
'5.
Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
DYes [] No
If single phase project: Anticipated period of construction: 1-3
If multi-phased: N/A
b.
d.
Will blasting occur during construction? [] Yes [] No
Number of jobs generated: during construction 3-5
months, (including demolition)
Total number of phases anticipated __ (number)
Anticipated date of commencement phase 1: ~ month year, (including demolition)
Approximate completion date of final phase: __ month ~ year.
Is phase 1 functionally dependent on subsequent phases? ~ Yes ~ No
10. Number ofjobs eliminated by this project 0
11, Will project require relocation of any projects or facilities? ~ Yes
If yes, explain:
; after project is complete
]No
12. Is surface liquid waste disposal involved? [] Yes [] No U~ma~mcd FaciIit~
a. If yes, indicate type of waste (sewage, industrial, etc) and amount
b. Name of water body into which effluent will be discharged
1 3, Is subsurface liquid waste disposal involved? [] Yes [] No Type
14. Will surface area of an existing water body increase or decrease by proposai? DYes ~No
If yes, explain:
15. Is pro.]act or any portion of project located in a 1OO year flood plain? [] Yes [] No
16. Will the project generate solid waste? r~ Yes [] No
a. If yes, what is the amount per month?__ tons
b. If yes, will an existing solid waste facility be used? [] Yes N No
c. If yes, give n?me ; location
d,
Will any wastes not go into a sewage disposal system or into a sanitary landfilr?. DYes [] No
I
Page 6 of 21
e. If yes, explain:
17. Will the project involve the disposal of solid waste? []Yes [~No
Unmanned facility
a. If yes, what is the anticipated rate of disposal? ~ tons/month.
b. If yes. what is the anticipated site life? years.
18. Will project use herbicides or pesticides? DYes [] No
19. Will project routinely produce odors (more than one hour per day)? NYes
20. Will project produce operating noise exceeding the local ambient noise levels? OYes []No
21. Will project result in an increase in energy use? [] Yes [] No
If yes, indicate type(s)
Minimal increase in electric usage.
22. If water supply is from wells, indicate pumping capacity N/A gallons/minute.
0
23. Total anticipated water usage per day ~ gallons/day. U~Lrna~ned facility
24. Does project involve Local, State er Federal funding? N Yes ~ No
If yes, explain:
Page 7 of 21
'25. Approvals Required:
City, Town, Village Board
Yes [~ No
Type
·
Submittal Date
City, Town, Village Planning Board [] Yes [] No
Site Plan
Special Exception
Variance
Tidal W~tland~ Permit
City, Town Zoning Board
~] Yes [] No
City, County Health Department [] Yes [] No
Other Local Agencies
DYes ~ No
Other Regional Agencies
DYes [] No
State Agencies []Yes [] NO
New York State Department of Environmental
Conservation
Federal Agencies [] Yes [] No
C. Zoning and Planning Infom~ation
1. Does proposed action involve a planning or zoning decision? []Yes []
No
if Yes, indicate decision required:
D Zoning amendment
~ Site plan
[~1 Zoning variance
~] Special use permit
D New/revision of master plan
r~ Resource management plan
[]Subdivision
MOther
Page 8 of 21
'2. What is the zoning classification(s) of the site?
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
slblect site is a~ia~y developed ~i~ i marina and resta_~a_nt.
4~ What is the proposed zoning of the site?
No change of zone is proposed.
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
I N/A ............................................. i
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No
7. What are the predominant land use(s) and zoning classifications within a Y4 mile radius of proposed action?
The predominant land uses within 1/4 mile radius of the subject site include single-family residential, parkland, government,
and commercial uses.
The zoning classifications within I/4 mile of the subject site include the following Marine II (MID, R-80 Residential Low
Density A, R-40 Residential Low Density AA, and R-200 Residential Low Density C.
8. Is the proposed action compatible with adjoining/surrounding land uses with a ~ mile?
9. If the proposed action is the subdivision of land, how many lots are proposed? N/A
a. What is the minimum lot size proposed? N/A
Page 9 of 21
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No (-LJ J
11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection?
DYes []No
a, If yes, is existing capacity sufficient to handle projected demand?
DYes [] No
12. Will the proposed action result in the generation of traffic significantly above present levels?
a, If yes, is the existing road network adequate to handle the additional traffic. DYes
D. Informational Details
DYes ~ No
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
asscciated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Freudenthal & Elkowitz Consulting Group, Inc. as Environmental Consultant
Signature
Oinny Watral
Date April 14, 2006
Title Vice President, Planning
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this
assessment.
Page 10 of 21
14-1,4-1
6]7.20.
Appendix B
State Environmental Quality Review
Visua! EAF Addendum
SEQR
This form may be used to provide additional information relating to Question ! ] of Part 2 of
the Full EAF.
(To be completed by Lead Agency)
Distance Between
Visibility ·
1. Would the project be visible from:
· A parcel of land which is dedicated to and available
to the public for the use, enjoyment and appreciation
of natural or man-made scenic qualities;)
· An overlook or parcel of land dedicated to public
observation, enjoyment and appreciation of natural
or man-made scenic qualities?
· A site or' structure listed on the National or State
Registers of Historic Places?
· State Parks?
· The State Forest preserve?
· National Wildlife Refuges and state game refuges?
· National Natural Landmarks and other outstanding
natural features?
· National Park Service lands?
· Rivers designated as National or State Wild, Scenic
or Recreational?
· Any transportation corridor of high exposure, such
as part of the interstate System, or Amtrak9
· A governmentally established or designated interstate
or inter-county foot trail, or one formally proposed for
establishment or designation?
· A site, area, lake, reservoir or highway designated as
scenic?
Project and Resource (in Miles)
0-1/4 T~ -1/~ I/5-3 3-5
[] [] D [] []
[] [] [] [] []
[] [] [] [] []
[] ID [] [] []
[] [] [] [] []
· Municipal.park, or designated open space.3 [] [] [] [] []
· County road? [-I [~ [] I-} []
* State? [] ~) [] [] []
· Local road? [] [] [] [] []
2o
Is the visibility of the project seasonal? (i.e., screened b~ summer foliage, but visible during other
seasons)
[]Yes []Ho
Are any of the resources checked in question 1 used by the public during the time of year
during which the project will be visible?
1
*It should be noted that this information is provided as requested by the Town..However, the information is based on field investigation
without the benefit of physical representation of the proposed flagpole.
DESCRIPTIOH OF EXISTIHC] VISCIAL EIIVIROH.MEi~IT
4. From eech item checked in question !, check those which generally describe the surrounding
environment.
Within
*:A mile * 1 mile
Essentially undeveloped [] []
Forested [] []
Agricultural See attached descriptions of existing [] []
Suburban residential visual environment [] []
Industrial [] []
Commercial [] []
CJrban [] []
River, Lake, Pond [] []
Cliffs; Overlooks [] []
Designated Open Space [] []
Flat [] []
HillyI ' 'l [ D
/Viountainous [] []
Other Beach and Residential [] []
IIOTE: add attechments as needed
5. Are there visually similar projects within:
*t/= mile V-IYes [~lNo
*1 miles [-']Yes []Ho
'2 miles ['-]Yes []Ho
*3 miles [~Yes {~Ho
* Distance from project site are provided for assistance. Substitute other distances as appropriate
F_.XPOS~IRE
6. The annual number of viewers likely to observe the proposed project is 1,024,190_+
IlO'CE: When user data is unavailable or unknown, use best estimate.
(Based on NYSDOT 2003 Traffic Repo~ for Suffolk County - Annual Average Daily Traffic
Counts, Narrow River Road to the end of Route 25 in Orient)
7. The situation or activity in which the viewers are engaged while viewing the proposed action is
Activity
Travel to and from work
Involved In recreational activities
Routine travel by residents
At a residence
At workslte
Other Fen7 Travel
FREQ(IENCY
Holidays/
Dally Weekly Weekends Seasonally
Market: East
Cell Site Number: NYCENYI059
Cell Site Name: East Orient Point
OPTION AND LEASE AGREEMENT
THIS OPTION AND LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates
below (the "Effective Date"), is entered into by M.G.H Enterprises, Inc. a domestic Corporation, having a
mailing address of P.O. Box 333, Main Road, Orient Point, NY 11957 (hereinafter referred to as "Landlord")
and New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, having a mailing address of 6100
Atlantic Boulevard, Norcross, Georgia 3007 l(hereinafter referred to as "Tenant").
BACKGROUND
Landlord owns or controls that certain plot, parcel or tract of land, together with all rights and privileges
arising in connection therewith, located at P.O. Box 333, 40200 Main Road, Orient Point, NY 11957, in the
County of Suffolk, State of New York (collectively, the "Property"). Tenant desires to use a portion of the
Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant
the right to use a portion of the Property in accordance with this Agreement.
The parties agree as follows:
1. OPTION TO LEASE.
(a) Landlord grants to Tenant an option (the "Option") to lease a certain portion of the Property
containing approximately 400 square feet including the air space above such room/cabinet/ground space as
described on attached Exhibit 1, together with unrestricted access for Tenant's uses from the nearest public right-
of-way along the Property to the Premises as described on the attached Exhibit 1 (collectively, the "Premises").
(b) During the Option period and any extension thereof, and during the term of this Agreement, Tenant
and its agents, engineers, surveyom and other representatives will have the right to enter upon the Property to
inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other
geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses,
permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for
its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances,
amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate
the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in
the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical condition of the Property,
the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the
Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third
party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such
defect or condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it
existed at the commencement of the Option Term (as defined below), reasonable wear and tear and casualty not
caused by Tenant excepted. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and
against any and all injury, loss, damage or claims arising directly out of Tenant's Tests.
(c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum
of Two Thousand and No/100 Dollars ($ 2,000.00) within thirty (30) business days of the Effective Date. The
Option will be for an initial term of one (i) year commencing on the Effective Date (the "Initial Option Term")
and may be renewed by Tenant for an additional six (6) months upon written notification to Landlord and the
payment of an additional One Thousand and No/100 Dollars ($1000.00) no later than ten (10) days prior to the
expiration date of the Initial Option Term.
(d) The Option may be sold, assigned or transferred at any time by Tenant to Tenant's parent
company or member if Tenant is a limited liability company or any affiliate or subsidiary of, or partner in, Tenant
or its parent company or member. Otherwise, the Option may not be sold, assigned or transferred without the
written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. From and
afl.er the date the Option has been sold, assigned or transferred by Tenant to a third party agreeing to be subject to
the terms hereof, Tenant shall immediately be released from any and all liability under this Agreement, including
the payment of any rental or other sums due, without any further action.
(e) During the Initial Option Term and any extension thereof, Tenant may exercise the Option by
notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to the Tenant
subject to the terms and conditions of this Agreement. If Tenant does not exemise the Option during the Initial
Option Term or any extension thereof, this Agreement will terminate and the parties will have no further liability
to each other.
(f) If during the Initial Option Term or any extension thereof, or during the term of this Agreement if
the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises,
Property or any of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property,"
which includes (without limitation) the remainder of the structure) or in the event of foreclosure, Landlord shall
immediately notify Tenant in writing. Any sale of the Property shall be subject to Tenant's rights under this
Agreement. Landlord agrees that during the Initial Option Term or any extension thereof, or during the Term of
this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the
Premises, Property or Surrounding Property or impose or consent to any other restriction that would prevent or
limit Tenant from using the Premises for the uses intended by Tenant as hereinafter set forth in this Agreement.
2. PERMITTED USE. (a) Tenant may use the Premises for the transmission and reception of
communications signals and the installation, construction, maintenance, operation, repair, replacement and
upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may
include a suitable support structure, associated antennas, I beams, equipment shelters or cabinets and fencing and
any other items necessary to the successful and secure use of the Premises (collectively, the "Communication
Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right but not
the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future
federal, state or local mandated application, including, but not limited to, emergency 911 communication
services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant
agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be
deemed to limit Tenant's Permitted Use. If Exhibit I includes drawings of the initial installation of the
Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1.
Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the
antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the
main entry point to the equipment shelter or cabinet, and to make Property improvements, alterations, upgrades
or additions appropriate for Tenant's use ("Tenant Changes"). Tenant Changes include the right to construct a
fence around the Premises and undertake any other appropriate means to secure the Premises. Said fence shall not
have any barbed wire. Tenant agrees to comply with all applicable governmental laws, roles, statutes and
regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify,
supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the
Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be
allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that
Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In
the event Tenant desires to modify or upgrade the Communication Facility, and Tenant requires an additional
portion of the Property (the "Additional Premises") for such modification or upgrade Landlord agrees, with
Landlord's prior approval not to be unreasonably withheld, conditioned, or delayed, to lease to Tenant the
Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall be
renegotiated, in conjunction with the lease of the Additional Premises by a reasonable amount consistent with
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rental rates then charged for comparable portions of real property being in the same area. Landlord agrees to take
such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect
and memorialize the lease of the Additional Premises to Tenant.
(b) Prior to the initial installation of Tenant's Changes, Tenant will supply the Landlord with plans
and specifications ("Plans") to be reviewed and approved by the Landlord prior to commencement of Tenant's
Changes. Landlord's approval will not be unreasonably withheld, conditioned or delayed (and in no event
delayed beyond ten (10) days). After Landlord's (i) failure to respond in writing to Tenant's proposed Plans
within ten (10) days of their receipt; or (ii) failure to provide a written response within five (5) days of receipt of
Plans revised by Tenant after comment from Landlord in accordance with this paragraph, the Plans will be
deemed approved. After approval or deemed approval, the Plans will be considered incorporated in this
Agreement as Exhibit 1. If the Landlord disapproves the Plans then the Tenant will provide the Landlord with
revised Plans, such revisions to be within Tenant's reasonable discretion. In the event Landlord disapproves of
the Plans upon a second (2nd) submission, Tenant may terminate this Agreement. Landlord will not knowingly
permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Agreement
and will return the Plans to Tenant promptly upon request.
(c) Landlord shall be solely responsible for purchasing and installing a flag on the support structure
("Tower") and Landlord shall be solely responsible for the lighting of the Tower. Tenant shall install the
appropriate rigging on the Tower so that the Tower can hold a flag. Furthermore, Tenant shall mn the electricity
to the Tower so that Landlord can provide lighting. Landlord shall be responsible for maintenance and
replacement of the flag and adhere to all relevant flag protocols (i.e., US flag must be lit or taken down at night).
Landlord shall be responsible for any landscaping installation, maintenance, replacement and the like around the
base of the Tower, if any.
3. TERM.
(a) The initial lease term will be five (5) years ("Initial Term"), commencing on the effective date
of written notification by Tenant to Landlord of Tenant's exercise of the Option (the "Term Commencement
Date"). The Initial Term will terminate on the fifth (5th) annual anniversary of the Term Commencement Date.
(b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each five
(5) year term shall be defined as the "Extension Term"), upon the same terms and conditions unless the Tenant
notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days prior to
the expiration of the existing Term.
(c) If, at least sixty (60) days prior to the end of the fourth (4th) extended term, either Landlord or
Tenant has not given the other written notice of its desire that the term of this Agreement end at the expiration of
the fourth (4th) extended term, then upon the expiration of the fourth (4th) extended term this Agreement shall
continue in rome upon the same covenants, terms and conditions for a further term of one (1) year, and for annual
terms thereafter until terminated by either party by giving to the other written notice of its intention to so
terminate at least six (6) months prior to the end of any such annual term. Monthly rental during such annual
terms shall be equal to the rent paid for the last month of the fourth (4th) extended term. If Tenant remains in
possession of the Premises after the termination of this Agreement then Tenant will be deemed to be occupying
the Premises on a month to month basis (the "Holdover Term"), subject to the terms and conditions of this
Agreement. Rent for the Holdover Term shall be One Hundred Fifty percent (150%) of the then current Rent
amount.
(d) The Initial Term, the Extension Term and the Holdover Term are collectively referred to as the
Term ("Term").
4. RENT.
(a) Commencing on the first day of the month following the date that Tenant commences construction
(the "Rent Commencement Date"), Tenant will pay the Landlord a monthly rental payment of Two Thousand
above, on or before the fif~,h (5) day of each calendar
Fifty Dollars ($2,050.00) ("Rent"), at the address set forth th
month in advance. In partial months occurring after the Rent Commencement Date, Rent will be prorated. The
initial Rent payment will be forwarded by Tenant to Landlord within thirty (30) days after the Rent
Commencement Date.
(b) In year two (2) of the Initial Term, and each year thereafter, including throughout any Extension
Terms exercised, the yearly rent will increase by three percent (3%) over the Rent paid during the previous year.
(c) All Rent or other charges payable under this Agreement shall be billed by Landlord within one
(1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period
shall not be billed by Landlord, and shall not be payable by Tenant. The provisions of the foregoing sentence
shall survive the termination or expiration of this Agreement.
5. APPROVALS.
(a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the
Premises for Tenant's Permitted Use and Tenant's ability to obtain and maintain all Government Approvals.
Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals
for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications
and with obtaining and maintaining the Government Approvals.
(b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title
insurance company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. In the event
Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the
Premises is unsatisfactory, Tenant will have the right to terminate this Agreement upon notice to Landlord.
(c) Tenant may also perform and obtain, at Tenant's sole cost and expense, soil borings, percolation
tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the
Property, necessary to determine if the Tenant's use of the Premises will be compatible with Tenant's
engineering specifications, system, design, operations or Government Approvals.
6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under
Paragraph 15 Default and Right to Cure of this Agreement after the applicable cure periods;
(b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any
required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental
authority necessary for the construction or operation of the Communication Facility as now or hereafter intended
by Tenant; or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is
commemially unreasonable;
(c) by Tenant upon written notice to Landlord for any reason, at any time prior to commencement of
construction by Tenant; or
(d) by Tenant upon sixty (60) days prior written notice to Landlord for any reason, so long as Tenant
pays Landlord a termination fee equal to three (3) months Rent, at the then current rate, provided, however, that
no such termination fee will be payable on account of the termination of this Agreement by Tenant under any one
or more of Paragraphs 5(b) Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 8 Interference,
I l(d) Environmental, 18 Severability, 19 Condemnation or 20 Casualty of this Agreement.
7. INSURANCE.
(a) Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All
Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a
minimum limit of liability of $2,500,000 combined single limit for bodily injury or death/property damage arising
out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. The coverage
afforded by Tenant's commercial general liability insurance shall apply to Landlord as an additional insured, but
only with respect to Landlord's liability arising out of its interest in the Property.
(b) Tenant shall have the right to self-insure with respect to any of the above insurance requirements.
8. INTERFERENCE.
(a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide
Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential
for interference. Tenant warrants that its use of the Promises will not interfere with existing radio frequency
user(s) on the Property so disclosed by Landlord, as long as the existing radio frequency user(s) operate and
continue to operate within their respective frequencies and in accordance with all applicable laws and
regulations.
(b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any
third party for the use of the Property, if such use may in any way adversely affect or interfere with the
Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will
notify Tenant in writing prior to granting any third party the right to install and operate communications
equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or
agents to use, any portion of the Property in any way which interferes with the Communication Facility, the
operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease
within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such
interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will
suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have
at law or in equity, for Landlord's breach of this Agreement, to elect to enjoin such interference or to terminate
this Agreement upon notice to Landlord.
9. INDEMNIFICATION.
(a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all
injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including
reasonable attorneys' fees and court costs but excluding real property or personal properly taxes) arising directly
from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of
any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission
of Landlord, its employees, agents or independent contractors.
(b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all
injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including
reasonable attorneys' fees and court costs but excluding real property or personal properly taxes) arising directly
from the actions or failure to act of Landlord or its employees or agents, or Landlord's breach of any provision of
this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its
employees, agents or independent contractors.
(c) Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives
any claims that each may have against the other with respect to consequential, incidental or special damages.
10. WARRANTIES.
(a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing
and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto
through the party set forth as signatory for the party below.
(b) Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal lot in fee
simple, or controls the Property by lease or license; (ii) the Property is not encumbered by any liens, restrictions,
mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which
would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long
as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and
possession of the Premises; (iv) Landlord's execution and performance of this Agreement will not violate any
laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on the Landlord;
and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest,
Landlord shall provide promptly to Tenant a mutually agreeable Subordination, Non-Disturbance and Attommeut
Agreement.
11. ENV1RONMlgNTAL.
(a) Landlord represents and warrants, to the best of Landlord's knowledge, that the Property is free
of hazardous substances as of the date of this Agreement, and, to the best of Landlord's knowledge, the Property
has never been subject to any contamination or hazardous conditions resulting in any environmental
investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance
with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or
policies of any governmental authorities regulating or imposing standards of liability or standards of conduct
with regard to any environmental or industrial hygiene condition or other matters as may now or at any time
hereafter be in effect, that are now or were related to that party's activity conducted in or on the Property.
(b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all
duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of
penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order,
summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying
party's failure to comply with any environmental or industrial hygiene law, including without limitation any
regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as
may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or
are in any way related to the condition of the Property and activities conducted by the party thereon, unless the
environmental conditions are caused by the other party.
(c) The indemnifications of this Paragraph 11 Environmental specifically include reasonable costs,
expenses and fees incurred in connection with any investigation of Property conditions or any clean-up,
remediation, removal or restoration work required by any governmental authority. The provisions of this
Paragraph 11 Enviromnental will survive the expiration or termination of this Agreement.
(d) In the event Tenant becomes aware of any hazardous materials on the Property, or any
environmental or industrial hygiene condition or matter relating to the Property that, in Tenant's sole
determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant
believes that the leasing or continued leasing of the Promises would expose Tenant to undue risks of government
action, intervention or third-party liability, Tenant will have the right, in addition to any other rights it may have at
law or in equity, to terminate the Agreement upon notice to Landlord.
12. ACCESS. At alt times throughout the Term of this Agreement, and at no additional charge to Tenant,
Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per
week pedestrian and vehicular access to and over the Property, from an open and improved public road to the
Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving
the Premises. Landlord grants to Tenant an easement for such access and Landlord agrees to provide to Tenant
such codes, keys and other instruments necessary for such access at no additional cost to Tenant. Upon Tenant's
request, Landlord will execute a separate recordable easement evidencing this right. In the event any public
utility is unable to use the access or easement provided to Tenant then the Landlord agrees to grant additional
access or an easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant.
13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property
by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at
any time during the Term. Landlord covenants and agrees that no part of the Communication Facility
constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a
part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and
nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant
and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the
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termination of this Agreement, Tenant will remove all of Tenant's above-ground improvements and Tenant will,
to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable
wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Footings, foundations, and
concrete will be removed to a depth of two feet below grade. Notwithstanding the foregoing, Tenant will not be
responsible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove
from the Premises or the Property any foundations or underground utilities.
14. MAINTENANCE/UTILITIES.
(a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and
damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good
and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for
electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event
Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to
submeter from the Landlord. When submetering is necessary and available, Landlord will read the meter on a
monthly or quarterly basis and provide Tenant with the necessary usage data in a timely manner to enable Tenant
to compute such utility charges. Failure by Landlord to perform this function will limit utility fee recovery by
Landlord to a 12-month period. Landlord will fully cooperate with any utility company requesting an easement
over, under and across the Property in order for the utility company to provide service to the Tenant. Landlord
will not be responsible for interference with, interruption of or failure, beyond the reasonable control of
Landlord, of such services to be furnished or supplied by Landlord.
15. DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non-
payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from
Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this
Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No
such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period
and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default
will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond
any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it
under law and equity.
(b) The following will be deemed a default by Landlord and a breach of this Agreement: Landlord's
failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-
five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be
deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are
prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes
beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period,
Tenant will have the right to exercise any and all rights available to it under law and equity, including the right to
cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant.
16. ASSIGNMENT/SUBLEASE. (a) Tenant will have the right to assign, sell or transfer its
interest under this Agreement without the approval or consent of Landlord, to Tenant's parent or member
company or any affiliate or subsidiary of, or partner in, Tenant or its parent or member company or to any entity
which acquires all or substantially all of the Tenant's assets in the market defined by the Federal
Communications Commission in which the Property is located by reason of a merger, acquisition, or other
business reorganization. Upon notification to Landlord of such assignment, transfer or sale, Tenant will be
relieved of all future performance, liabilities and obligations under this Agreement. Tenant may not otherwise
assign this Agreement without Landlord's consent, Landlord's consent not to be unreasonably withheld,
conditioned or delayed.
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(b) Tenant shall have the unfettered right to sublease any space on the Tower to other tenants. However, all such
tenants shall also be required, as a condition precedent, to enter into a separate ground lease with Landlord for
any cabinets and related ground equipment.
17. NOTICES. All notices, requests, demands and communications hereunder will be given by first class
certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage
prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be
addressed to the parties as follows:
If to Tenant:
c/o Cingular Wireless LLC
Attn: Network Real Estate Administration
Re: Cell Site # NYCENYI059; Cell Site Name: East Orient Point
6100 Atlantic Boulevard
Norcross, GA 30071
With a copy to:
Cingular Wireless LLC
Attn: Legal Department
Re: Cell Site # NYCENY1059; Cell Site Name: East Orient Point
15 E Midland Avenue
Paramus, NJ 07652
If to Landlord:
M.G.H Enterprises, Inc.
P.O. Box 333, Main Road
Orient Point, NY 11957
Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to
the other as provided herein.
18. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining
terms and conditions will remain binding upon the parties as though said unenforceable provision were not
contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement
then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other
party hereto.
19. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings
affecting the Properly, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If
a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render
the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning
authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds,
which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses,
prepaid Rent, and business dislocation expenses, provided that any award to Tenant will not diminish Landlord's
recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis.
20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within
forty-eight (48) hours of the casualty. If any part of the Communication Facility or Property is damaged by fire
or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may
terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of
the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance
proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. If
notice of termination is given, or if Landlord or Tenant undertake to rebuild the Communications Facility,
Landlord aggress to use its reasonable efforts to permit Tenant to place temporary transmission and reception
facilities on the Property at no additional Rent until such time as Tenant is able to secure a replacement
transmission location or the reconstruction of the Communication Facility is completed.
21. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have, statutory or
otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be
deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed mai or
personal property under applicable law, and Landlord consents to Tenant's right to remove all or any portion of the
Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent.
22. TAXES. Landlord shall be responsible for payment of all ad valorem taxes levied upon the iands,
improvements and other property of Landlord. Tenant shall be responsible for all taxes levied upon Tenant's
leasehold improvements (including Tenant's equipment building and tower) on the Leased Property. Landlord
shall provide Tenant with copies of all assessment notices on or including the Leased Property immediately upon
receipt, but in no event less than fourteen (14) business days after receipt by Landlord. If Landlord fails to
provide such notice within such time frame, Landlord shall be responsible for all increases in taxes for the year
covered by the assessment. Tenant shall have the right to contest, in good faith, the validity or the amount of any
tax or assessment levied against the Leased Property by such appellate or other proceedings as may be
appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such
other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, regulatory
or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Leased Property.
Landlord shall cooperate in the institution and prosecution of any such proceedings and will execute any
documents required therefore. The expense of any such proceedings shall be borne by Tenant and any refunds or
rebates secured as a result of Tenant's action shall belong to Tenant.
23. SALE OF PROPERTY. If Landlord, at any time during the Term of this Agreement, decides to sell,
subdivide or rezone any of the Premises, all or any part of the Property or Surrounding Property, to a purchaser
other than Tenant, Landlord shall promptly notify Tenant in writing, and such sale, subdivision or rezoning shall
be subject to this Agreement and Tenant's rights hereunder. Landlord agrees not to sell, lease or use any areas of
the Property or Surrounding Property for the installation, operation or maintenance of other wireless
communications facilities if such installation, operation or maintenance would interfere with Tenant's Permitted
Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole
discretion, any such testing to be at the expense of Landlord or Landlord's prospective purchaser, and not Tenant.
If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall
be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of
any installation, operation or maintenance of any other wireless communications facility or equipment. Landlord
shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property for non-
wireless communication use. In the event the Property is transferred, the new landlord shall have a duty at the
time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related
paper work to effect a transfer in Rent to the new landlord. The provisions of this Paragraph 23 shall in no way
limit or impair the obligations of Landlord under Paragraph 8 above.
24. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in
writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision
may be waived except in a writing signed by both parties.
(b) Memorandum/Short Form Lease. Either party will, at any time upon fifteen (15) business
days prior written notice from the other, execute, acknowledge and deliver to the other a recordable
9
Memorandum or Short Form of Lease. Either party may record this Memorandum or Short Form of Lease at any
time, in its absolute discretion.
(c) Bind and Benefit. The terms and conditions contained in this Agreement will mn with the
Properly and bind and inure to the benefit of the parties, their respective heirs, executors, administrators,
successors and assigns.
(d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof,
constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and
agreements with respect to the subject matter of this Agreement.
(e) Governing Law. This Agreement will be governed by the laws of the state in which the
Premises are located, without regard to conflicts of law.
(f) Interpretation. Unless otherwise specified, the following rules of construction and
interpretation apply: (i) captions are for convenience and reference only and in no way defme or limit the
construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean
"including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as
otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably
withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by
reference into this Agreement; (v) use of the terms "termination" or "expiration" are intemhangeable; and (vi)
reference to a default will take into consideration any applicable notice, grace and cure periods.
(g) Estoppel. Either party will, at any time upon twenty (20) business days prior written notice from
the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement
is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying
this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are
paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured
defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such
statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. The
requested party's failure to deliver such a statement within such time will be conclusively relied upon by the
requesting party that (i) this Agreement is in full force and effect, without modification except as may be
properly represented by the requesting party, (ii) there are no uncured defaults in either party's performance, and
(iii) no more than one month's Rent has been paid in advance.
(h) No Electronic Signature/No Option. The submission of this Agreement to any party for
examination or consideration does not constitute an offer, reservation of or option for the Premises based on the
terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten
legal execution, acknowledgment and delivery hereof by Landlord and Tenant.
[SIGNATURES APPEAR ON THE NEXT PAGE]
10
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date
written below.
WITNESSES:
Print Name:
Print Name:
"LANDLORD"
M.G.H Enterprises, Inc. a domestic Corporation
Print Name:
Print Name:
"TENANT"
Cingular Wireless PCS, LLC, a Delaware Limited
eY/~--___~
s Hormann
.tli~D'~or Imp~/me0t~ation (NY/NJ)
Date: .~./~'/o ~
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
11
TENANT ACKNOWLEDGMENT
STATE OF ]"4 '7~-
) SS:
COUNTY OF ~e~,q C~",
On the q~'a day of ~,h200~ before me personally.
acknowledged under oath that he is thee;ce
the
, and
named in the att~aehed instrument, and as t~uch was authorized to execute
this instrument on behalf of the ~_~-m/~rL.,vgx4
,
JANETTE ELISE
NOTARY PUBLIC OF
~y COMMiSS~ONET, P~RESFEB 20, ~009
Nota~ ~ublic: --
My C'o~mission Expires:
LANDLORD ACKNOWLEDGMENT
INDIVIDUAL ACKNOWLEDGMENT
STATE OF ~kb3~'t ~ b'k l(--- )
) SS:
COUNTY OF )
BE IT REMEMBERED, that on this'-~~'t day of~/q.0'e~ , 2,0_0(z)before me, the subscriber, a
,-~er, son .auttlqrizcd to take oaths in the State of ~,~4~X,wI--OL.{~ , personally appeared
F~_'5. ~k~. ~ ~ who, being duly sworn on hi~/her/th¢ir oatl~, deposed and made proof to my
satisfaction that he/she/they is/are the person(s) named in the within instrument; and I, having first made known
to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed, sealed and delivered
the same as his/her/their voluntary act and deed for the purposes ther~n cont_~ained.
Notary Public:
"/l~t~!a II~u,t-~,g~l. My Commission Expires:
-'..~:.7'::'.~ lt:r'A tS, ~00
12
CORPORATE ACKNOWLEDGMENT
STATE OF )
) SSi
COUNTY OF )
I CERTIFY that on , 200__,
representative] personally came before me and acknowledged under oath that he or she:
(a) is the [title] of
corporation], the corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the corporation and
(c) executed the instrument as the act of the corporation.
[name of
[name of
Notary Public:
My Commission Expires:
13
EXHIBIT 1
DESCRIPTION OF PREMISES Page of
to the Agreement dated ,200__, by and between M.G.H Enterprises, Inc. a domestic
Corporation, as Landlord, and Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, as Tenant.
The Premises are described and/or depicted as follows:
I This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3 Width of access road shall be the width required by the applicable govemmental authorities, including police and fire deparlments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
EXISTING UTILITY POLE #35 ROUTE 25~EXISTING WATER WELL
WITH UTILITY LINES
OVERHEAD
PROPOSED TELCO CONDUIT /~ ~ I \
TRENCHED UNDERGROUND FROM/ 1~ ~ I \
EXISTING UTILITY POLE #35 TO ~j~ ~ I
SOUTHWEST CORNER OF ~ ~ ¢~o
PROPERTY
BOAT ~
DOCKS
OWNED BY ORIENT
POINT STATE PARK%
EXISTING TRANSFORMER,
I~ ~ ~EXISTING RESTAURANT AND
METER AND DISCONNECT ~. ~ / ~:::= ~ \ J MARINE FUELING STATION
EXISTING STORAGE BUILDING
PROPOSED ELECTRIC CONDUIT TRENCHED~I~Z~
TRANSFORMER TO PROPOSEDCINGULAR PROPERTY LINE
ELECTRIC PANEL LOCATED ADJACENT (~,
CINGULAR EQUIPMENT CABINETS -- ~ -EXISTIN
BOAT
EXISTING BOAT LAUNCH DOCKS
EXISTING RETAINING WALL--~ ~ ~\~ EXISTING HARBOR ENTRANCE
PROPOSED CINGULAR EQUIPMENT
MOUNTED ON PROPOSED ELEVATED
GALVANIZED STEEL PLATFORM PROPOSED CINGULAR ~00'-0"
HIGH RF COMPATIBLE
FLAGPOLE WiTH PROPOSED
EXISTING TRAILER AND BOATS CINGULAR ANTENNAS
lhis dra~[a9 and the design it covers fire the property o¢ gE[HIEL lhey ore merely loaned and on the borrower's express :§reement that they ~it not be
reproduced, copied, to~ned, exhibited, or used except in the limited way end pr;vote use permitted by any ~ritten consent g;ven by the lender to the borrower.
PROPERTY
EXISTING
SHRUBBERY TO BE
REMOVED WHERE
NECESSARY,
25'-6"
TELCO
TRENCHEC
UNDERGROUND
FROM EXISTING
TELCO DEMARC ON
NORTHWEST CONER
OF PROPERTY
EXISTING TRAILER
AND BOATS TO BE
REMOVED BY
OTHERS
I
PROPOSED CfNGULAR GPS
ANTENNA, POLE MOUNTED TO
PROPOSED ANTENNA CABLE RAE
DASHED LINE REPRESENTS PROPOSED
CINGULAR 400 S.F. LEASE AREA
PROPOSED CINGULAR EQUIPMENT
CABINETS MOUNTED ON PROPOSED
ELEVATED GALVANIZED STEEL PLATFORM
RECEPTACLE
PROPOSED ClNGULAR
TELCO AND
ELECTRICAL PANEL
NEW CSC CABINET
DSED CINGULAR
t(b-"~' HIGH CHAINLIN~i
FENCE WITH 4'-0" ~'J
LOCKABLE GATE ~
TELCO CONDUIT
TRENCHED UNDERGROUND
FROM PROPOSED TELCO
PANEL TO PROPOSED CSC
CABINET
CINGULAR
ELECTRIC AND
GROUND CONDUITS/~%X
TRENCHED ~
UNDERGROUND TO ~/'
PROPOSED CINGULAR
METER FROM EXISTING
TRANSFORMER
LOCATION AT NORTH
WEST SIDE OF
PROPERTY
. /~PROPOSED CtNGULAR COAXIAL ANTENNA
PROPOSED STAINLESS STEEL SHEET METAL T ~CABLE TRFNF'HFD HNRF~P. PnI~
ANTENNA CABLE SHROUD ENCLOSURE / .............. INu r~UM
~ % ~PROPOSED CINGULAR EQUIPMENT PLATFORM
~ ~ ~ / TO PROPOSED CINGU~R FLAGPOLE
~O~ · ~ I ~ C PROPOSED
'~'~ ~ ~ ./ BOLLARDS, TYP.
(4) PROPOSED CINGU~R ~O~' f~ ~ ~ IpROPOSED F~CPOLE
ANTENNAS MOUNTED INSIDE RF ~o~ · ~ )~ · LIGHTING TO
COMPATIBLE CONCEALMENT ~ ~ ~ / PRC',':DED
FLAGPOLE, WP., (2 PER SECTOR) / / ~ , ~ MAINTAINE~OTHERS
PROPOSED CINGULAR 100' O' HIGH RF e · C10~ "A'
COMPATIBLE CONCEALMENTFLACPOLE~ ~ ~ ~
This drowing nnd the design it covers ere the property oF B[CHlEL.They ore merely tocned ond on the borrower's express agreement that they will not be
reproduced, copied, roomed, exhibited, or used except in the timlted ~oy and privote use permitted by ~ny written consent given by the lender to the borrower
~;~100' 0"± AGI
T.O. PROPOSED
FLAGPOLE
~97'-O"t
~ PROPOSED CINGULAR
ANTENNAS
~ .~.7'-O"fi- AGI
PROPOSED
CINGULAR ANTENNAS
PROPOSED CINOULAR ANTENNAS
MOUNTED INSIDE OF RF
COMPATIBLE CONCEALMENT
FLAGPOLE, TYP. (2 PER
SECTOR)
PROPOSED CINOULAR 100'-0' HIGH
RF COMPATIBLE CONCEALMENT
FLAGPOLE
PROPOSED C~NOULAR BPS
ANTENNA, POLE MOUNTED
TO PROPOSED ANTENNA
CABLE SUPPORT RACK--
~1-~11'-2"±
~'T,O. PROPOSED
EQUIPMENT CABINET
PROPOSED BOLLARDS,
TYP. OF (6)
PROPERTY
,-~0'-0"± AGL
~GRADE ~
! ~--~ PROPOSED FLAGPOLE
~':~.~! FOUNDAT ON BY OTHERS
IISSUED FOR REVIEWi
PROPOSED FLAG TO BE
PROVIDED AND INSTALLED BY
OTHERS
-- PROPOSED FLAG RIGGING
--PROPOSED CINGULAR
EQUIPMENT CABINETS
MOUNTED ON ELEVATED
GALVANIZED STEEL PLATFORM
--PROPOSED CINGULAR
PROPOSED CINGULAR TELCO
AND ELEC. PANELS
PROPOSED TELCO CONDUIT
TRENCHED UNDERGROUND
FROM PROPOSED TELCO
PANEL TO PROPOSED CSC
CABINET
P ROPOSEC C tNGULAR
ELECTRIC AND GROUND
CONDUITS TRENCHED
UNDERGROUND TO
PROPOSED CINGULAR '~-./~
METER FROM EXISTING v
TRANSFORMER LOCATION
ON N.W. SIDE OF
PROPERTY
PROPOSED CS~
CABINET
Ill
This drouth9 ~nd the design it covers ere the property oF BECHTEL. lhey ~re merely loomed ond on the borrower's express o§reement thct they will not be
reproduced, copied, loomed, exhibited, or used except in the limited ~y ond privQte use permitted by ony written consent given by the tender to the borrower
~00'-0"± AOLrk
TO. PROPOSED~
FLAGPOLE
g7'-O"~ AGLOw_
PROPOSED CINOULAR~/
ANTENNAS
ISSUED
PROPOSED FLAG TO BE
PROVIDED AND INSTALLED BY
OTHERS
PROPOSED CINGULAR lO0'-O'
RF COMPATIBLE CONCEALMENT
HIGH FLAGPOLE --
PROPOSED CINGULAR STAINLESS
STEEL SHEET METAL CABLE
SHROUD ENCLOSURE
PROPOSED BOLLARDS,
TYP. OF (6)-
PROPERTY LINE~
O' O"J- AOL
GRADE
~ NORTH ELEVATION
~ 87'-0"± AGL ~
~ PROPOSED CINGULAR ~/
ANTENNAS
OPOSED CINGULAR ANTENNAS
MOUNTED INSIDE OF RF
COMPATIBLE CONCEALMENT
FLAGPOLE, TYP. (2 PER
SECTOR)
PROPOSED CINGULAR GPS
ANTENNA, POLE MOUNTED
TO PROPOSED ANTENNA
CABLE SUPPORT
PROPOSED CINGULAR
COAXIAL ANTENNA CABLE
TRENCHED UNDERGROUND
FROM PROPOSED
CINGULAR EQUIPMENT
AREA TO PROPOSED
CINGULAR FLAGP,
]D CINGULAR
EQUIPMENT CABINETS
MOUNTED ON PROPOSED
ELEVATED GALVANIZED
STEEL PLATFORM
CINGULAR
~" HIGH CHAINI
FENCE WITH 4'-0"
LOCKABLE GATE
CINOULAR
TELCO AND ELECTRIC
PANEL
CSC
CABINET
TELCO
CONDUIT TRENCHED
UNDERGROUND FROM
PROPOSED CtNGULAR
CSC CABINET TO
EXISTING TELCO DEMARC
LOCATED ON EXISTING
UTILITY POLE #35 AT
NORTH SiDE OF
PROPERTY
T.O. PROPOSED
EQUIPMET CABINET
] CINGULAR
ELECTRIC AND GROUND
CONDUITS TRENCHEO
! i UNDERGROUND TO
' E E
~PROPOSED CINGULAR
.~METER FROM EXISTING
i PROPOSED FLAGPOLE LIGHTING TO BE ~.L /!/ TRANSFORMER AT NW
;"'-. PROVIDED AND INSTALLED BY OTHERS VSIDE OF PROPERTY
This dro~ing ond the design it covers ore the property o¢ BECHlEL,lhey ore merety [ooned and on the borrower's express ogreement that they eltl not be
reproduced, copied, Loaned, exh;bited, or used except in the Limited w~y and privote use permitted by any written consent given by the tender to the borrower
BOARD OF APPEALS: TOWN OF SOUTHOLD
COUNTY OF SUFFOLK: STATE OF NEW YORK
In the Matter of the Application of NEW C1NGULAR WIRELESS
PCS, LLC
For Special Exception Approval and Variance, pursuant to Article
XVI of the Code of the Town of Southold, to install a public utility
wireless telecommunications facility at the premises:
40200 Main Road (a/k/a S.R. 25)
Orient, New York
District 1000 Section 15, Block 9, Lot 8
STATE OF NEW YORK )
)SS.:
COUNTY OF SUFFOLK )
AFFIDAVIT
OF CO-LOCATION
JOSEPH SWEET, being duly sworn, deposes and says:
1. I am the System Development Manager, for New Cingular Wireless PCS, LLC
("Cingular" hereafter), applicant, and am fully familiar with the facts and circumstances hereinafter
set forth.
2. The business address of Cingular is 333 Crossways Park Drive, Woodbury, New
York 11797.
3. I make this affidavit pursuant to Southold Zoning Code Section 100-63D(3).
4. The flagpole/monopole proposed by Cingular and in which it seeks to install its public
utility wireless telecommunications facility will be capable of accommodating co-location of
additional antennas for future users.
Swom to befare~me this
/'-~ day of ~.L~/') ,200~
NOTARY PUBLIC
NEW CINGU~ PCS, LLC
By: e~.h a[/~!~M~
Development Manager
BOARD OFAPPEALS: TOWN OFSOUTHOLD
COUNTY OF SUFFOLK: STATE OF NEW YORK
In the M~ter of the Applicmion of NEW CINGULAR WIRELESS
PCS, LLC
For Special Exception Approval and Variance, pursuant to Article
XVI of the Code of the Town of Southold, to install a public utility
wireless telecommunications facility at the premises:
40200 Main Road (a/k/a S.R. 25)
Orient, New York
District 1000 Section 15, Block 9, Lot 8
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
AFFIDAVIT
, being duly sworn, deposes and says:
1. I am a radio frequency design engineer employed by New Cingular Wireless PCS,
LLC ("CINGULAR" hereafter). My responsibilities include identifying signal coverage gaps in
CINGULAR's wireless telecommunications system and assessing the ability of proposed antenna
sites to adequately fill signal coverage gaps.
This Affidavit is submitted pursuant to Southold Town Code §100-163D(2), (3),
(8) and (9).
3.
C1NGULAR is considered a public utility for zoning purposes under the laws of
the State of New York and is licensed by the Federal Communications Commission ("FCC") to
serve the public within Suffolk County and throughout much of the United States.
4. CINGULAR strives to provide reliable service throughout its licensed coverage
area. At present there is a significant service gap in the vicinity of the proposed site captioned
above. This unreliability represents an inconvenience to users of CINGULAR's services and can
- 1 -
have serious consequences during times of emergency or disaster. In order to eliminate the
service gap, a search ring was created that depicts the area in which a site must be located. A
copy of the search ring is attached hereto as Exhibit "A".
5. The proposed wireless telecommunications facility at the captioned location has
been considered by your deponent, and I have determined that, if antennas are installed as
proposed, this site would meet our design criteria and would serve to provide reliable service in
the service deficiency area in question.
6. Representatives of our site acquisition team searched the area depicted within the
search ring (Exhibit "A") and found that there are no existing structures of a sufficient height that
would enable CINGULAR to eliminate the service gap in question. A good faith effort was
made to co-locate on an existing site within the search ring, but no structures exist that meet our
criteria.
7. In order to understand why the proposed site at the premises is needed, it is
necessary to understand how CINGULAR's system works from an engineering standpoint.
8. CINGULAR's wireless communications system is designed by strategically
placing low-powered base stations at determined distances apart and at predetermined heights.
The CINGULAR system works best if there is a clear line of sight from the antennas to the target
coverage areas. Antenna heights and orientation are therefore carefully chosen during design to
achieve this objective. Due to such factors as hills, valleys, trees, buildings, and other physical
obstructions and due to the nature of radio waves, each coverage area is irregularly shaped.
9. Additionally, the sites require some overlap to ensure "seamless" coverage. With
some overlap and sufficient signal from each base station, CINGULAR users can move through
the cells and not lose their calls. The sites are engineered to cover a limited area, so that an
antenna facility will cover the area surrounding it but will not interfere with other sites in the
system.
10. We have determined that the proposed site will meet the primary objectives of
CINGULAR's search area, because it will provide wireless service coverage to a significant
portion of the unserved area. We performed predictive tests to determine and confirm whether
the site would provide sufficient signal coverage. The tests were performed using sophisticated
computer software that is utilized as a predictive modeling tool. It identifies areas where
sufficient coverage exists and takes into consideration topography, vegetation and other
morphology, which may attenuate the radio signal. Using this software, a signal propagation
map, showing CINGULAR's existing coverage from existing sites, was prepared and is attached
as Exhibit "B". This map, entitled "Coverage of Surrounding Sites Without Proposed Site LI
1059/Orient by the Sea, shows coverage in the area from existing sites. A second propagation
map, showing the signal coverage from CINGULAR's existing sites, together with the coverage
anticipated from sites at the East Marion Fire District and Orient Fire District that are now
pending is attached as Exhibit "C". The second map is entitled "Coverage of Surrounding
Existing Sites Together With Sites Now Pending". The third map depicts the signal coverage
from this proposed site, together with C1NGULAR's existing sites and the two aforementioned
pending sites. This third map, attached as Exhibit "D", is entitled "Coverage of Surrounding
Sites Together With Sites Now Pending And With Proposed Site LI 1059/Orient by the Sea.
S}%oLm to before me this t
~ .~day of./[/~l?~/%~/{~ ~
N~A P~Y PUBLIC
,2006.
L1-1059 Search Ring
Exhibit "A"
0 mi 0.2 0.4 0.6
Cin.qular Wireless - Covera.qe of Surroundin.q Existing Sites Without Proposed
Exhibit "B"
Reliable In-Building Covera.qe
Proposed Sites
On-Air Sites
Cin.qular Wireless - Covera.qe of Surroundin.q Existin.q Sites To.qether With Sites Now Pendin,q Exhibit "C"
Reliable In-Buildin.q Covera.qe
prOPosed Sites
On-Air Sites
Covera.qe of Surrounding Sites To.qether With Sites Now Pendin.q And With Proposed /~xh~b~ ~D'~
Reliable In-Building Coverage
Proposed Sites
On-Air Sites
LI-1059 Area Map with surrounding sites
LEGENDS:
On Air Sites
Proposed Sites
Subject Site
New Cingular Wireless PCS, I.LC
Proposed Wireless Telecommunications
Facility
Premises: 40200 Main Road (Rte. 25)
Orient, NY
SCTM# 1000-15-9-8.1
New Cingular W e ess PCS, LLC
Town of Southold Site Inventory New Cingular Wireless PCS, LLC
Town of Southold Site Inventory
~ Id Site Name Site Address ~ ~ Latitude Longitu--~"~e ~ Statu'---'--"~"
139 Northville Sound Shore Rd, Riverhead, NY 99 Tower 40,9772 -72.64¢ 24.0 -- On-Air --
225 Green__~.__ __ Gre~ort Water Dis c LMoore,s Lane~NY 146 Water Tan--~-- 41.1042 -72 ~'~; 7.6 On-Ai~
226 Ma6ituck ~ah Lane, Mat6tuck, NY 99 Tower 40.998! ~72.510 17,5 On-Air
229 Southold (Southold Police DeptI Peconic Lane, Peconic, Ny -- 12'~'---~-- Tower 41.0358 -72.455 13.6 On-Air
FU2 Shelter Island Menan6c Rd, Shelter Island, NY 150 Tower 41.0667 -72.3508 8.1 O~-Air
LI-101T East Marion East Marion FD) 9395 Main Rd (Rte 25), East Marion NY 118 ~ 41.127 -72.3414 5.4 ~
L1-1025 SoutholdV~ __(SoutholdFireDe_~55135MainSt, Soulhold, NY 68 Tower 41,06~ -72.42~1 11.1~~
L1-1027 Cutch ue~ ~ 21855 CR~8, Cutcho ue, NY~_~._.~ 70 -- Towe~ 41.029"-'-~--~ -72-~"--'~497--~ 15.7 On-P Jr
U-1059 East Orienl Point 40200 Main Rd, Orient Point, Ny 97 ~ 41.1527 -72.243! 0.0~~
LI-201 Fisher's Island Lad~race Cath Church[ Oceanic Ave, F sher's Island, NY 39 -- Church Stee I~ 41.2611 -72 614~4 -- 14.1~ Dh-Air
LI-735 Orient Poin~ ~.Orient Point FD) 23300 Main Rd, Orient Point, NY 75 ~ 41.143 -72,298---~--~'~- "-~--~.9 ~
~ ~ -- 5792 Sound Ave, Jamespod, Ny 150 Tower 40.9896 -72.584~' ~
Sprint PCS
Town of $outhold
Prepared by NSN
5/2006
SPRINT PCS
Site Id Address Lat. Lon~l Hei~lht Structure Type
NY07XC761 LILCO JamesportJ 6182 Sound Av 40.9864 -72,5853 230 Lattice Tower
NY07XC782 Village of Greenport - 236 3rd Street 41.1094 -72.3678 205 Guyed Tower
NY07XC789 Peconic Police - RT 25 41.0408 -72.4558 130 Monopole
NY33XC688 Lindse¥ Auto - 415 Eliiah Lane 40.9992 -72.5106 110 Monopole
Nextel Communicatiorts~ Inc
Town of Southold
~))~ Inventory Mar)
Prepared by NSN
5/2006
NEXTEL COMMUNICATIONS, INC.
Site ID Site Name Address Lat Lon~l Hei~lht Structure type
NNYll60R Greenport 236 Third street 41.1096 -72.3677 200 Guyed_Tower
NNY1162R SOUTHOLD Peconic Police, Rt; 41.0414 -72.4586 100 Monopole
NNY1313R Mattituck-AT&T Lindsey auto- 415 E 40.999 -72.5111 100 Monopole
NNY2812R PECONIC NORTH 21855 County Rd 41.0307 -72.4969 92 Monopole
NNY2839R Shelter Island 26 Menantic Rd 41.0674 -72.3491 140 Lattice_Tower
New York SMSA I,imited Partnership
dfb/a Verizon Wireless
Map of Sites
Town of Southold
SA~2003.
New York SMSA Limited Partnership d/b/a Verizon Wireless
Inventory of Existing Sites - Town of Southold
I Lat Long Exist Site Name Distance from Proposed Orient Fire District Site (miles)
40.9906 -72.5367 Mattituck 16.08
41.04083 -72.4575 PECONIC 10.76
41.10417 -72.37417 GREENPORT RELO 5
41.03 -72.4975 CUTCHOGUE 12.94
Pi~cl£ T£1£co~ Group
Consulting and Engineering Services
ANTENNA SiTE FCC RF COMpliANCE
ASSESSMENT ANd REPORT
New Cingular Wireless PCS, LLC
Site "NYCENYIO59 / L1-1059"
Main Road
Orient Point, NY
May 31, 2006
14 Ridgedale Avenue, Suite 209 ° Cedar Knolls, NJ 07927 ° 973-451-1630
CONTENTS
Introduction and Summary
Antenna and Transmission Data
Mathematical Compliance Analysis
Compliance Conclusion
Certification
3
5
5
10
11
Appendix A. The FCC RF Exposure Limits
Appendix B. FCC References
Appendix C: FCC Position on Cellular and PCS Transmitters
Introduction and Summary
At the request of New Cingular Wireless PCS, LLC ("Cingular"), Pinnacle
Telecom Group has performed this independent assessment of wireless antenna
radiofrequency (RF) emissions and FCC compliance related to a proposed
wireless base station operation involving a new "flagpole-style" monopole to be
erected along Main Road (Route 25) in Orient Point, NY. Cingular refers to the
antenna site by the code "NYCENY1059 / L1-1059", and proposes a "dual-band"
(800 and 1900 MHz) base station antenna operation.
The FCC requires all wireless operators to perform an assessment of potential
human exposure to radiofrequency (RF) fields emanating from all the transmitting
antennas at a site whenever antenna operations are added or modified, and
ensure compliance with the FCC's Maximum Permissible Exposure (MPE) limits
in areas of unrestricted public access. In this case, according to information
provided by Cingular, the proposal represents initial wireless construction at the
site, and there are no pro-existing or specifically-planned antenna operations
involving other parties that need to be included in this assessment of compliance
with the FCC MPE limits and associated regulations. Note that those FCC
regulations require any future antenna collocators to specifically assess and
assure continuing FCC compliance based on the effects of all proposed and
then-existing antennas.
This report describes a mathematical analysis of potential RF exposure levels
from the proposed antenna operations that will result at street level around the
antenna site. The analysis employs a standard FCC formula for predicting the
effects of the antennas in a very conservative manner, in order to ensure "safe-
side" results and great confidence in conclusions regarding compliance with
established limits for safe continuous exposure of the general public.
The clearest way to describe the results of an FCC compliance assessment such
as this is to express the calculated maximum (worst-case) RF level as a simple
percentage of the FCC compliance limit, where the figure 100 percent then
serves as a simple reference point for compliance. Then, calculated results
below 100 percent indicate compliance, while results higher than 100 percent
indicate non-compliance and a need to take action to mitigate the RF levels. An
equivalent description of the worst-case result, assuming compliance, is its
"times-below-the-limit" factor. We will employ both types of descriptions here.
The result of the RF compliance assessment in this case is as follows:
[] The conservatively calculated maximum RF level from the proposed
antenna operation is only 0.5931 percent (i.e., less than 6/10ths of one
percent) of the FCC's limit for acceptable, continuous exposure of the
general public; in other words, the worst-case calculated RF level - even
intentionally overstated - is still more than 168 times below the FCC
compliance limit.
r~ The results of the calculations provide clear demonstration that the RF
levels from the proposed antenna operation at this site will satisfy the
federal criteria for controlling potential human exposure to RF fields, and
the antenna operation will be in full compliance with the FCC regulations
and limits concerning RF safety. Moreover, because of the conservative
methodology and incorporated assumptions, RF levels actually caused by
the antennas will be even less significant than the results here indicate.
The remainder of this report provides the following:
relevant technical data on the proposed Cingular antenna operation;
a description of the applicable FCC mathematical model for calculating
potential RF exposure levels, and application of the relevant technical
data to that model;
(3 analysis of the results of the calculations against specified FCC limits for
continuous exposure, and the compliance conclusion for the site.
In addition, three Appendices are included. Appendix A provides background on
the FCC limits for RF exposure. Appendix B provides a list of key FCC
references on RF exposure and site compliance. Appendix C provides a copy of
the FCC's position on the potential exposure from cellular and PCS transmitters.
4
ANTENNA ANd TRANSMissioN Data
Cingular is licensed by the FCC to operate in both the 880 MHz "cellular"
frequency band and the 1900 MHz "PCS" band. In this case, the proposal
involves two vertically-separated stacks of directional panel antennas inside the
flagpole and arranged for standard three-sector coverage. The antenna
centerline for the upper stack will be 97 feet AGL, and for the lower stack it is 87
feet. The table below summarizes the relevant technical data for the proposed
Cingular antenna operations.
Cin~ular- 880 MHz ~
Antenna Manufacturer & Model (Max. Gain) Kathrein 800 10121 (13.9 dBi)
RF Channels per Sector 9
Transmitter Power / RF Channel 20 watts
Cin~ular,, - 1900 MHzax. ain) ~ihie~ ~00 ~
' ........... (M----G .........
Antenna Manufacturer & Model . .
RF Channels per Sector 3
Transmitter Power/RF Channel 16 watts
The antennas' vertical-plane radiation pattern characteristic is used in the
compliance analysis, as it is a key determinant of the relative level of RF energy
emitted in the downward direction. Antenna pattern data is taken from the
manufacturer specifications.
Mathematical Compliance ANalysis
FCC Office of Engineering and Technology Bulletin 65 ("OET Bulletin 65")
provides guidelines for mathematical models to calculate potential RF exposure
levels at various points around transmitting antennas.
At street-level around an antenna site (in what is called the "far field" of the
antennas), the RF levels are directly proportional to the total antenna input power
and the relative antenna gain in the downward direction of interest - and the
5
levels are otherwise inversely proportional to the square of the straight-line
distance to the antenna.
Conservative calculations also assume the potential RF exposure is enhanced by
reflection of the RF energy from the ground. Our calculations will assume a
100% "perfect" reflection, the worst-case approach.
The FCC's formula for street-level RF exposure calculations is as follows:
MPE% = (100 * TxPower * 10 (Gmax-Vdisc)/10 * 4 ) / ( MPE * 4g * R2 )
where
MPE%
100
TxPower
MPE
R
= RF level, expressed as a percentage of the MPE limit
applicable to continuous exposure of the general public
= factor to convert the raw result to a percentage
maximum net power into antenna sector, in milliwatts, a
function of the number of channels per sector, the
transmitter power per channel, and line loss
numeric equivalent of the relative antenna gain in the
downward direction of interest; data on the vertical-plane
pattern is taken from manufacturer specifications
factor to account for a 100-percent-efficient energy
reflection from the ground, and the squared relationship
between RF field strength and power density (22 = 4)
= FCC general population MPE limit
= straight-line distance from the RF source, centimeters
The MPE% calculations are performed out to a distance of 500 feet from the
facility to points 6.5 feet (approximately two meters, the FCC-recommended
standing height) offthe ground, as illustrated in the diagram on the next page.
6
height from
antenna
bottom to
6.5' above
ground
level
antenna
0
R
· - 500
Ground Distance D from the site
It is commonly understood that the farther away one is from an antenna, the
lower the RF level - which is generally but not universally correct. The results of
MPE% calculations fairly close to the site will reflect the variations in the vertical-
plane antenna pattern as well as the variation in straight-line distance to the
antennas. Therefore, RF levels may actually increase slightly with increasing
distance within the range of zero to 500 feet from the site. As the distance
approaches 500 feet and beyond, though, the antenna pattern factor becomes
less significant, the RF levels become primarily distance-controlled, and as a
result the RF levels generally decrease with increasing distance.
According to the FCC, when directional antennas are used, compliance
assessments are based on the RF effect of a single antenna sector (or, in cases
of non-identical parameters, the worst-case effect of any individual sector).
FCC compliance for a "dual-band" antenna operation is assessed in the following
manner. ,At each distance point along the ground, an MPE% calculation is made
for each frequency band, and the sum of the individual MPE% contributions is
compared to 100 percent (which serves as the normalized reference for the FCC
MPE limit). We refer to the sum of the individual MPE% contributions as "total
MPE%", and any calculated total MPE% result exceeding 100 percent is, by
7
definition, higher than the FCC limit and represent non-compliance and a need to
take action to mitigate the RF levels. If, on the other hand, all results are below
100 percent, that condition indicates compliance with the federal regulations on
controlling exposure.
Note that the following conservative methodology and assumptions are
incorporated into the MPE% calculations:
1. The antennas are assumed to be operating continuously at maximum
power, and the effects of antenna line loss will be ignored.
2. The directional antennas are hypothetically assumed to be pointed
directly overhead any and all points of interest at ground level, ignoring
the effects of antenna discrimination in the horizontal plane.
3. The effect of any "shadowing" or other obstructions to a line-of-sight path
from the antennas to every point of interest at ground level is ignored.
4. The calculations intentionally minimize the straight-line distance factor (R)
by assuming a 6'6" human standing height and performing the
calculations from the bottom (rather than the centerline) of the antenna.
5. The potential RF exposure at ground level is assumed to be 100-percent
enhanced (increased) via a "perfect" field reflection from the ground itself.
The net result of these assumptions is to intentionally overstate the calculated RF
exposure levels relative to the levels that will actually occur - and the purpose of
this conservatism is to allow very "safe-side" conclusions about compliance.
In addition, in this case we recognize the two different proposed antenna heights,
and will perform the calculations entirely applying the lower of those heights,
conservatively minimizing the straight-line distance factor in the FCC formula.
The table on the next page provides the results of the MPE% calculations and
the total MPE% results for distances out to 500 feet from the site. The overall
worst-case result is highlighted in bold in the last column.
Ground Cingular Cingular Total
Distance 880 MHz 1900 MHz
(fi/ MPE% MPE% MPE%
0 0.0071 0.0193 0.0264
20 0.0038 0.0811 0.0849
40 0.0663 0.0453 0.1116
60 0.5781 0.0150 0.5931
80 0.3180 0.0203 0.3383
100 0.0420 0.0044 0.0464
120 0.2503 0.0460 0.2963
140 0.4683 0.0051 0.4734
160 0.4463 0.0067 0.4530
180 0.2725 0.0078 0.2803
200 0.1223 0.0010 0.1233
220 0.0211 0.0041 0.0252
240 0.0036 0.0062 0.0098
260 0.0517 0.0064 0.0582
280 0.1108 0.0049 0.1156
300 0.1856 0.0049 0.1905
320 0.2728 0.0072 0.2801
340 0.2432 0.0065 0.2497
360 0.3302 0.0094 0.3396
380 0.4206 0.0117 0.4323
400 0.3811 0.0106 0.3917
420 0.4572 0.0099 0.4671
440 0.4179 0.0090 0.4269
460 0.4938 0.0064 0.5002
480 0.4546 0.0059 0.4605
500 0.5165 0.0040 0.5204
As indicated, the worst-case overall result - even with all the conservatism built-
in to the analysis - is only 0.5931 percent (that is, less than 6/10tbs of one
percent) of the FCC limit.
A graph of the calculation results, provided on the next page, probably provides a
clearer visual illustration of the insignificance of the calculated exposure levels.
The line representing the overall calculation results barely rises above the
graph's zero baseline, and shows a clear and consistent margin to the FCC MPE
limit.
120
I.U
12. 100
~ 80
0
a. 60
L'3 40
0
¢ 20
0
0
COMPLIANCE ASSESSMENT RESULTS
Normalized FCC MPE Limit Total MPE% Results
100 200 300 400 500
Distance (ft)
CoMpliANCE CoNclusioN
As described, the conservatively calculated RF exposure levels in this case are
comfortably below the FCC limit for safe, continuous human exposure to RF
fields.
The maximum calculated RF level from the proposed antenna operation is only
0.5931 percent (that is, less than 6/10ths of one percent) of the FCC limit. In other
words, even with all the conservatism built into the calculations, the worst-case
calculated RF level is still more than 168 times below the FCC MPE limit.
The results of the calculations indicate clear compliance with the FCC MPE limit.
Moreover, because of the extremely conservative calculation methodology and
operational assumptions incorporated in the analysis, RF levels actually caused
by the antennas will be even less significant than the calculation results here
indicate.
10
Certification
The undersigned certify as follows:
1. To the best of our knowledge, the statements and information disclosed in
this report are true, complete and accurate.
2. The analysis of site RF compliance provided herein is consistent with the
applicable FCC regulations, additional guidelines issued by the FCC, and
industry practice.
3. The results of the analysis indicate that the subject antenna site is in full
compliance with the FCC regulations concerning RF exposure.
Daniel J. ~;¥ollins
Chief Technical Officer
5/31/06
Date
Terrence R. Lulay ~'
Professional Engineer
5/31/06
Date
11
Appendix A: The FCC RF Exposure Limits
As directed by the Telecommunications Act of 1996, the FCC has established
limits for maximum continuous human exposure to RF fields.
The FCC maximum permissible exposure (MPE) limits represent the consensus
of federal agencies and independent experts responsible for RF safety matters.
Those agencies include the National Council on Radiation Protection and
Measurements (NCRP), the Occupational Safety and Health Administration
(OSHA), the National Institute for Occupational Safety and Health (NIOSH), the
American National Standards Institute (ANSI), the Environmental Protection
Agency (EPA), and the Food and Drug Administration (FDA). In formulating its
guidelines, the FCC also considered input from the public and technical
community - notably the Institute of Electrical and Electronics Engineers (IEEE).
The FCC's RF exposure guidelines are incorporated in Section 1.301 et seq of its
Rules and Regulations (47 CFR 1.1301-1.1310). Those guidelines specify MPE
limits for both occupational and general population exposure.
The specified continuous exposure MPE limits are based on known variation of
human body susceptibility in different frequency ranges, and a Specific
Absorption Rate (SAR) of 4 watts per kilogram, which is universally considered to
accurately represent human capacity to dissipate incident RF energy (in the form
of heat). The occupational MPE guidelines incorporate a safety factor of 10 or
greater with respect to RF levels known to represent a health hazard, and an
additional safety factor of five is applied to the MPE limits for general population
exposure. Thus, the general population MPE limit has a built-in safety factor of
more than 50. The limits were constructed to appropriately protect humans of
both sexes and all ages and sizes and under all conditions - and continuous
exposure at levels equal to or below the applicable MPE limits is considered to
result in no adverse health effects or even health risk.
The reason for two tiers of MPE limits is based on an understanding and
assumption that members of the general public are unlikely to have had
appropriate RF safety training and may not be aware of the exposures they
receive; occupational exposure in controlled environments, on the other hand, is
assumed to involve individuals who have had such training, are aware of the
exposures, and know how to maintain a safe personal work environment.
The FCC's RF exposure limits are expressed in two equivalent forms, using
alternative units of field strength (expressed in volts per meter, or V/m), and
power density (expressed in milliwatts per square centimeter, or mW/cm2). The
table on the next page lists the FCC limits for both occupational and general
population exposures, using the mW/cm2 reference, for the different radio
frequency ranges.
12
Frequency Range (F)
(MHz)
Occupational Exposure
( mWlcm2)
General Public Exposure
( mWlcm2)
0.3 - 1.34 100 100
1.34 - 3.0 100 180 / F2
3.0 - 30 900 / F2 180 / F2
30 - 300 1.0 0.2
300 - 1,500 F / 300 F / 1500
1,500 - 100,000 5.0 1.0
The diagram below provides a graphical illustration of both the FCC's
occupational and general population MPE limits.
Power Density
(mW/cm2)
100
5.0
1.0
0.2
I I I
0.3 1.34 3,0
Occupational
......... General Public
30 300
Frequency (MHz)
1,500 100,000
Because the FCC's RF exposure limits are frequency-shaped, the exact MPE
limits applicable to the instant situation depend on the frequency range used by
the systems of interest.
13
The most appropriate method of determining RF compliance is to calculate the
RF power density attributable to a particular system and compare that to the
MPE limit applicable to the operating frequency in question. The result is usually
expressed as a percentage of the MPE limit.
For potential exposure from multiple systems, the respective percentages of the
MPE limits are added, and the total percentage compared to 100 (percent of the
limit). If the result is less than 100, the total exposure is in compliance; if it is
more than 100, exposure mitigation measures are necessary to achieve
compliance.
14
AppENdix B: FCC RE~ERENCE5
47 CFR, FCC Rules and Regulations, Part 1 (Practice and Procedure), Section 1.1310
(Radiofrequency radiation exposure limits).
47 CFR, FCC Rules and Regulations, Part 22 (Public Mobile Services).
47 CFR, FCC Rules and Regulations, Part 24 (Personal Communications Services).
FCC Second Memorandum Opinion and Order and Notice of Proposed Rulemaking
(FCC 97-303), In the Matter of Procedures for Reviewing Requests for Relief From State
and Local Regulations Pursuant to Section 332(c)(7)(B)(v) of the Communications Act of
1934 (WT Docket 97-192), Guidelines for Evaluating the Environmental Effects of
Radiofrequency Radiation (ET Docket 93-62), and Petition for Rulemaking of the Cellular
Telecommunications Industry Association Concerning Amendment of the Commission's
Rules to Preempt State and Local Regulation of Commercial Mobile Radio Service
Transmitting Facilities, released August 25, 1997.
FCC First Memorandum Opinion and Order, ET Docket 93-62, In the Matter of
Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation,
released December 24, 1996.
FCC Report and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the
Environmental Effects of Radiofrequency Radiation, released August 1, 1996.
FCC Office of Engineering and Technology (OET) Bulletin 65, "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields",
Edition 97-01, August 1997.
FCC Office of Engineering and Technology (OET) Bulletin 56, "Questions and Answers
About Biological Effects and Potential Hazards of RF Radiation", edition 4, August 1999.
15
AppENdix C: FCC POSiTioN ON CEllUlAR ANd PCS TRANSMITTERS
FEDERAL COMMUNICATIONS COMMISSION
OFFICE OF ENGINEERING & TECHNOLOGY
WASHINGTON, D.C. 20554
January1998
INFORMATION ON HUMAN EXPOSURE TO RADIOFREQUENCY FIELDS
FROM CELLULAR AND PCS RADIO TRANSMITTERS
(1) Cellular and PCS base stations
Radio frequencies constitute part of the overall electromagnetic spectrum. Cellular
communications systems use frequencies in the 800-900 megahertz (MHz) portion of the
radiofrequency (RF) spectrum (frequencies formerly used for UHF-TV broadcasting), and
transmitters in the Personal Communications Service (PCS) use frequencies in the range of
1850-1990 MHz. Primary antennas for cellular and PCS transmissions are usually located on
towers, water tanks and other elevated structures including rooftops and the sides of buildings.
The combination of antennas and associated electronic equipment is referred to as a cellular
or PCS base station" or "cell site." Typical heights for base station towers or structures are
50-200 feet. A typical cellular base station may utilize several "omni-directional" antennas
that look like poles or whips, 10 to 15 feet in length. PCS (and also many cellular) base
stations use a number of"sector" antennas that look like rectangular panels. The dimensions
of a sector antenna are typically 1 foot by 4 feet. Antennas are usually arranged in three
groups of three with one antenna in each group used to transmit signals to mobile units (car
phones or hand-held phones). The other two antennas in each group are used to receive
signals from mobile units.
The Federal Communications Commission (FCC) authorizes cellular and PCS carriers
in various service areas around the country. At a cell site, the total RF power that could be
transmitted from each transmitting antenna at a cell site depends on the number of radio
channels (transmitters) that have been authorized and the power of each transmitter.
Typically, for a cellular base station, a maximum of 21 channels per sector (depending on the
system) could be used. Thus, for a typical cell site utilizing sector antennas, each of the three
transmitting antennas could be connected to up to 21 transmitters for a total of 63 transmitters
per site. When omni-directional antennas are used, up to 96 transmitters could be
implemented at a cell site, but this would be very unusual. While a typical base station could
have as many as 63 transmitters, not all of the transmitters would be expected to operate
simultaneously thus reducing overall emission levels. For the case of PCS base stations,
fewer transmitters am normally required due to the relatively greater number of base stations.
Although the FCC permits an effective radiated power (ERP) of up to 500 watts per
channel (depending on the tower height), the majority of cellular base stations in urban and
suburban areas operate at an ERP of 100 watts per channel or less. An ERP of 100 watts
corresponds to an actual radiated power of 5-10 watts, depending on the type of antenna used
(ERP is not equivalent to the power that is radiated but is a measure of the directional
characteristics of the antenna). As the capacity of a system is expanded by dividing cells,
i.e., adding additional base stations, lower ERPs are normally used. In urban areas, an ERP
of 10 watts per channel (corresponding to a radiated power ofO.5 - 1 watt) or less is
commonly used. For PCS base stations, even lower radiated power levels are normally used.
The signal from a cellular or PCS base station antenna is essentially directed toward
the horizon in a relatively narrow beam in the vertical plane. For example, the radiation
pattern for an omni-directional antenna might be compared to a thin doughnut or pancake
centered around the antenna while the pattern for a sector antenna is fan-shaped, like a wedge
cut from a pie. As with all forms of electromagnetic energy, the power density from a
cellular or PCS transmitter decreases rapidly (according to an inverse square law) as one
moves away from the antenna. Consequently, normal ground-level exposure is much less
than exposures that might be encountered if one were very close to the antenna and in its
main transmitted beam. Measurements made near typical cellular and PCS installations have
shown that ground-level power densities are well below limits recommended by
RF/microwave safety standards.
In 1996, the FCC adopted updated guidelines for evaluating human exposure to
radiofrequency (RF) fields from fixed transmitting antennas such as those used for cellular
radio and PCS base stations. 1 The new guidelines for cellular and PCS base stations are
identical to those recommended by the National Council on Radiation Protection and
Measurements (NCRP).2 These guidelines are also similar to the 1992 guidelines
recommended by the American National Standards Institute and the Institute of Electrical and
Electronics Engineers (ANSI/IEEE C95.1-1992).3 The FCC adopted guidelines for hand-held
RF devices, such as cellular and PCS phones, that are the same as those recommended by the
ANSI/IEEE and NCRP guidelines (see later discussion).
1 FCC Report and Order in ET Docket 93-62, 61 Federal Register 41006 (August 7, 1996); 11
FCC Record 15123 (1997). See also, FCC Second Memorandum Opinion and Order, ET Docket
93-62, 62 Federal Register 47960 (September 12, 1997), 12 FCC Record 13494 (1997). For more
information on these documents contact the FCC's toll-free number: 1-888-CALL FCC (1-888-
225-5322). They may also be viewed and downloaded at the FCC's Office of Engineering and
Technology World Wide Web Site under the "RF Safety" heading at the following address:
www.fcc.gov/oeffrfsafety. The FCC's RF exposure guidelines are based on recommendations
made to the FCC by U.S. federal safety and health agencies such as the Environmental Protection
Agency (EPA), the Food and Drug Administration (FDA), the National Institute for Occupational
Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA).
2 The NCRP is a non-profit corporation chartered by congress to develop information and
recommendations concerning radiation protection.
3 The American National Standards Institute is a non-profit, privately-funded, membership
organization that coordinates development of voluntary national standards in the United States.
The IEEE is a non-profit technical and professional engineering society.
In the case of cellular base station transmitters, at a frequency of 869 MHz (the lowest
frequency used), the FCC's RF exposure guidelines recommend a maximum permissible
exposure level of the general public (or exposure in "uncontrolled" environments) of about
580 microwatts per square centimeter (p_W/cm 2 ), as averaged over any thirty-minute period.
This limit is many times greater than RF levels typical found near the base of typical cellular
towers or in the vicinity of other, lower-powered cellular base station transmitters. For
example, measurement data obtained from various sources have consistently indicated that
"worst-case" ground-level power densities near typical cellular towers are on the order of 1
gW/cm 2 or less (usually significantly less). Calculations corresponding to a "worst-case"
situation (all transmitters operating simultaneously and continuously at the maximum licensed
power) show that in order to be exposed to levels near the FCC's limits for cellular
frequencies, an individual would essentially have to remain in the main transmitting beam (at
the height of the antenna) and within a few feet from the antenna. This makes it extremely
unlikely that a member of the general public could be exposed to RF levels in excess of these
guidelines from cellular base station transmitters.
For PCS base station transmitters, the same type of analysis holds, except that at the
PCS transmitting frequencies (1850-1990 MHz) the FCC's exposure limits for the public are
1000 gW/cm 2. Therefore, there would typically be an even greater margin of safety between
actual public exposure levels and the recognized safety limit.
When cellular and PCS antennas are mounted at rooftop locations it is possible that
RF levels greater than 1 ~tW/cm 2 could be present on the rooftop itselfi This might become
an issue if the rooftop were accessible to maintenance personnel or others. However,
exposures approaching or exceeding the safety guidelines are only likely to be encountered
very close to and directly in front of the antennas. Even if RF levels were to be higher than
desirable on a rooftop, appropriate restrictions could be placed on access. Factoring in the
time-averaging aspects of safety standards could also be used to reduce potential exposure.
The fact that rooftop cellular and PCS antennas usually operate at lower power levels than
antennas on freestanding towers makes excessive exposure conditions on rooftops even less
likely. This reason and the significant signal attenuation ora building's roof also minimizes
any chance for harmful exposure of persons living or working within the building itself.
(2) Mobile (vehicle-mounted) antennas
Vehicle-mounted antennas used for cellular communications normally operate at a
power level of 3 watts or less. These cellular antennas are typically mounted on the roof, on
the trunk, or on the rear window of a car or truck. Studies have shown that in order to be
exposed to RF levels that approach the safety guidelines it would be necessary to remain very
close to a vehicle-mounted cellular antenna. For example, a study done for AT&T Bell
Laboratories by the University of Washington documented typical and "worst-case" exposure
levels and specific absorption rates (SAR) for vehicle occupants and persons standing close to
vehicle-mounted cellular antennas. Worst-case exposure conditions were considered when an
individual was at the closest possible distance from the antenna. Several configurations were
tested using adult and child "phantom" models.
The results of this study showed that the highest exposure (1900 [tW/cm 2 ) occurred
with a female model at a distance of 9.7 cm (3.8 inches) from one of the antennas operating
at a power level of 3 watts. Although this level is nominally in excess of the FCC's exposure
limits for power density at this frequency, analysis of the data indicated that the antenna
would have to be driven to 7 W of power before the limit for specific absorption rate (SAR)
allowed by the FCC guidelines would be exceeded. The intermittent nature of transmission
and the improbability that a person would remain so close to the antenna for any length of
time further reduces the potential for excessive exposure.
The University of Washington study also indicated that vehicle occupants are
effectively shielded by the metal body. Motorola, Inc., in comments filed with the FCC, has
expressed the opinion that proper installation of a vehicle-mounted antenna to maximize the
shielding effect is an effective way of limiting exposure. Motorola and other companies have
recommended antenna installation either in the center of the roof or the center of the trunk.
In response to concerns expressed over the commonly-used rear-window mounted cellular
antennas, Motorola has recommended a minimum separation distance of 30-60 cm (1 -2 feet)
to minimize exposure to vehicle occupants resulting from antenna mismatch for this type of
antenna installation.
In summary, from data gathered to date, it appears that properly installed, vehicle-
mounted, personal wireless transceivers using up to 3 watts of power would result in
maximum exposure levels in or near the vehicle that are well below the FCC's safety limits.
This assumes that the transmitting antenna is at least 15 cm (about 6 inches) or more from
vehicle occupants. Time-averaging of exposure (either a 6 or 30minute period is specified)
will usually result in still lower values when compared with safety guidelines.
O) Hand-held cellular telephones and PCS devices
A question that often arises is whether there may be potential health risks due to the
RF emissions from hand-held cellular telephones and PCS devices. The FCC's exposure
guidelines, and the ANSI/IEEE and NCRP guidelines upon which they are based, specify
limits for human exposure to RF emissions from hand-held RF devices in terms of specific
absorption rate (SAR). For exposure of the general public, e.g., exposure of the user of a
cellular or PCS phone, the SAR limit is an absorption threshold of 1.6 watts/kg (W/kg), as
measured over any one gram of tissue.
Measurements and computational analysis of SAR in models of the human head and
other studies of SAR distribution using hand-held cellular and PCS phones have shown that,
in general, the 1.6 W/kg limit is unlikely to be exceeded under normal conditions of use.
Before FCC approval can be granted for marketing of a cellular or PCS phone, compliance
4.with the 1.6 W/kg limit must be demonstrated. Also, testing of hand-held phones is normally
done under conditions of maximum power usage. In reality, normal power usage is less and
is dependent on distance of the user from the base station transmitter.
In recent years publicity, speculation and concern over claims of possible health
effects due to RF fields from hand-held wireless telephones prompted industry-sponsored
groups, such as Wireless Technology Research, L.L.C. (WTR) and Motorola, Inc., to initiate
research programs aimed at investigating whether there is any risk to users of these devices.
Past studies carried out at frequencies both higher and lower than those used for cellular and
PCS phones have led expert organizations to conclude that typical RF exposures from these
devices are safe. However, the Federal Government is monitoring the results of the ongoing
industry-sponsored research through an inter-agency working group led by the EPA and the
FDA's Center for Devices and Radiological Health.
In a 1993 "Talk Paper," the FDA stated that it did not have enough information at that
time to rule out the possibility of risk, but if such a risk exists "it is probably small." The
FDA concluded that there is no proof that cellular telephones can be harmful, but if
individuals remain concerned several precautionary actions could be taken. These included
limiting conversations on hand-held cellular telephones to those that are essential and making
greater use of telephones with vehicle-mounted antennas where there is a greater separation
distance between the user and the radiating structure.
NOTE: For more information on these and other RF-related topics, you may call the
FCC's toll-free number: 1-888-CALL FCC (1-888-225-5322) or contact the FCC's RF Safety
Program, in the Office of Engineering and Technology, at (202) 418-2464. Information is
also available at the FCC's Office of Engineering and Technology World Wide Web Site
under the "RF Safety" heading at the following address: www.fcc.gov/oet/rfsafety.
2o
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PCS Broadband License - KNLGS02 - New Cingular []HELP
Wireless PCS, LLC
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L[cep~_e
Call Sign KNLG502 Radio Service CW - PCS Broadband
Status Active Auth Type Regular
Market
Market BTA32:[ - New York, NY Channel Block E
Submarket :L Associated 001885.00000000-
Frequencies 001890.00000000
(MHz) 001965.00000000-
001970.00000000
Dates
Grant 06/27/1997 Expiration
Effective 09/27/2005 Cancellation
Bulldout Deadllnea
:[st 06/27/2002 2nd
Notification Dates
1st 05/29/2002 2nd
06/27/2007
Licensee
FRN 0003291192
(View Ownership)
Licensee
New Cingular Wireless PCS, LLC
560:[ LEGACY DRIVE, MS: A-3
PLANO, TX 75024
ATTN FCC GROUP
Type
Limited Liability Company
P:(469)229-7422
F: (469)229-7297
E: KELLYE.E.ABERNATHY@C]NGULAR.COIVl
Contact
Cingular Wireless LLC
Kellye E Abernathy Esq
560:[ LEGACY DRIVE, IqS: A-3
PLANO, TX 75024
P:(469)229-7422
F:(469)229-7297
E:KELLYE.E.ABERNATHY@CINGULAR.CON
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Ownership and qualifications
Radio Service Type IVlobile
Regulatory Status Common Carrier Interconnected Yes
Alien Ownership
The Applicant answered "No" to each of the Alien Ownership~ questions.
Basic (~ualifications
The Applicant answered "No" to each of the Basic Qualification questions.
Demographics
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TTY: [-888-TELL-FCC (I-888-835-5322)
E-mail: f~clnfo~fcc.qov
http://wireless2 fcc.gov/UlsApp/UlsSearch/license.j sp?licKey=9888 12/8/2005
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
July 17, 2006
Zoning Appeal No.
5939 A&B
Transmitted herewith is Zoning Appeals No. 5939(A & B) of New Cingular Wireless PCS~
LLC - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a cover
letter to the Z.B.A. t¥om Munley, Meade, Nielsen & Re' Attorney's at Law-, Applicant's Project
Description, Application for Special Exception, Notice of Disapproval dated May 11, 2006, (2)
Applicant Transactional Disclosure Forms, Questionnaire For Filing With Your Z.B.A.
Application, (3) Certificate of Occupancy forms, an Authorization of Owner form signed by Bob
Haase, a Short Environmental Assessment Form, Full Environmental Assessment Form, Option
And Lease Agreement, lease agreement, a copy of the Deed, a Site Plan, Proposed Landscape
Plan, Proposed Plant Schedule and Detail, 300' Radius Map, a Site Plan & Elevations, a Survey,
(3) photographs of the flagged construction area, Radio Frequency Engineer Affidavit with
Search Ring and Propagation Maps, Affidavit of Co-location, Area Map with surrounding sites,
Sprint PCS Site Inventory Map, Nextel Communications, inc. Site Inventory Map, Verizon
Wireless Map of Sites, Certified Engineering Analysis of Radio Frequency Emissions, and a
copy of the FCC License.
Date: 07/13/06
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Receipt#: 4416
Transaction(s):
1 1
Application Fees
Reference Subtotal
5939A& $600.00
Check#: 4416
Total Paid: $600.00
Name:
New, Cingular Wireless Pcs LIc
333 Crossways Park Drive
Woodbury, NY 11743
Clerk ID: MICHELLE Internal ID: 5939A&B
ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 07/13/06
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
Rosenbaum, Kathleen 1647 $600.00
5938 and Leonard
///~'939 Cingular Wireless (DGCR.LLC) 4416 $600.00
TOTAL $1,200.00
]VIUNLEY~ MEADE~ NIELSEN & ]~I~
May 1, 2006
MAY 0 3 ZOO6
ONiNG BO.~RD O~F APPEALS
(631) 425-4100
(631) 425-4104
VIA FIRST CLASS MAIL
Ms. Linda Kowalski
Town of Southold Zoning Board of Appeals
Southold Town Hall Annex
54375 Main Road
Southold, New York 11971
RE: Visual Study Crane Test for Public Utility Wireless Telecommunications Facility
Proposed ~reless PCS, LLC ('Cingular')
~ Premises:~)n'ent By the Sea Restaurant~'~
~ 4'OZQ.P.Main Road ...... ~
Orient,-l'Tew~-Yo r-[ --
District 1000, Section ,t8.00, Block 05.00, Lot 013.008
Dear Ms. Kowalski:
We are the attorneys for Cingular in connection with the captioned matter. Cingular intends to file an
application seeking municipal approval for the installation of a public utility wireless
telecommunications facility at the above-captioned premises. Enclosed herewith is the legal notice
concerning the visual study crane test for the proposed public utility wireless telecommunications
facility. Said notice shall be published in the May 4, 2006 edition of The ,%sFfolk Time.v, which we
understand is the Town of Southold's official newspaper for legal notices.
Should you have any questions with regard to the foregoing, please do not hesitate to contact us.
Very truly yours,
MUNLEY, MEADE, NIELSEN & Ri2
Janine l~lh'rchese '
/jm
Enclosure
LEGAL NOTICE
ON MAY 16, 2006, A VISUAL STUDY WILL BE PERFORMED AT THE PREMISES,
40200 MAIN ROAD, ORIENT, NEW YORK, BETWEEN THE HOURS OF 1:00 P.M.
AND 3:00 P.M., IN CONNECTION WITH AN APPLICATION BY NEW CINGULAR
WIRELESS PCS, LLC, SEEKING MUNICIPAL APPROVAL FROM THE TOWN OF
SOUTHOLD FOR THE INSTALLATION OF A PUBLIC UTILITY WIRELESS
TELECOMMUNICATIONS FACILITY. AS PART OF THE VISUAL STUDY, A CRANE
WILL BE PLACED AT THE PREMISES TO AID IN ASSESSING THE VISUAL IMPACT
OF THE PROPOSED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS
FACILITY. IN CASE OF INCLEMENT WEATHER ON MAY 16, 2006, THE STUDY
WILL INSTEAD BE PERFORMED ON MAY 17, 2006.
· ~' '~ PLANNING BOARD MEMBER~--
I: ~_.~,~9~' JERILYN B.ChairWOODHOUSE
~ KENNETH L. EDWARDS
~j)~.? MARTIN H. SIDOR
GEORGE D~ SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NYl1971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To:
Jerilyn Woodhousc, Chair
Tov. m of Southold Planning Board
Ruth Oliva, Chair.,
Tovn~ of Southold Zoning Board of Appeals
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry,
Date: October 30, 2006
LWRP Coordinator
Senior Environmental Planner
RECEIVED
OCT 3 0 2006
ZONING BOARD OF: APPEALS
Re:
Proposed Site Plan for Cingular Wireless / MGH Enterprises
Located approximately 537' e/o Cedar Birch Ln. on the s/s/o New York State 25 in Orient
SCTM#: 1000-15-9-8 Zone: Marine I1 (MIl)
This site plan is for new constmction ora I00' lnonopole cellular communication tower with Cingular locating
antennas at 97'-0" and 87'-0" internally mounted in the tower, the site includes an existing boat marina and
restaurant on 4.7 acres parcel in the MI1 Zouing District located approximately 537' e/o Cedar Birch Lane on the
s/s/o New York State 25 in Orient. SCTM#(s) 1000-15-9-8
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the
infornmtion provided on the LWRP Consisteucy Assessment Form submitted to this deparm~ent as well as the
records available to me, it is my determination that the proposed action is INCONSISTENT with the following
Policy Standards and therefore is INCONSISTENT with the LWRP.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold.
Policy Standards
3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold.
A. Minimize introductiou of structural design components (including utility lines, lighting, signage
and Ieucing) which ~vould be discordant with existing natural scenic components and character.
J. Protect visual quality associated with public lands, including public transportation routes, public
parks and public trust lands and waters.
2. Limit alteration of shoreline elements which contribute to scenic quality.
The proposal also involves the new construction of a 400 sq. ft. communication compound with a 100' flag
pole type monopole. A 12' chaio link fence would enclose the communication compound. Twenty-two,
14' high, Juniperus virginiana are proposed to be installed to screen the compound. The property is
located south of a desienated New York State Scenic Byway. The property is also located w/o and
adjacent to Orient Point State Park.
The flag type monopole cell tower will impact the scenic quality of the area. The height of the flagpole in
relation to surrounding sn'uctures and the "natural scenic components" is discordant with the area.
Mitigation proposed by the applicant to reduce visual impacts include installing a flag pole type monopole,
painting the monopole white and the installation of twenty-two, 14' duniperus virginiana. If the action is
approved by the reviewing Boards the following is recommended to further Policy 3.
Require that the communication compound and monopole be relocated north and adjacent to existin*,
buildings on site. The relocation of the compound would further cluster the development on the parcel
and use existing development to screen portions of the proposed communication compound and
monopole.
2. Require a five year survival requirement and a replacement protocol for ali planted vegetation used to
screen the communication compound..
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction.
Comply with Trustee regulations and recommendations as set forth in Trustee permit
conditions.
The proposed setback from the monopole to the bulkhead (south of the proposed monopole) is 65.10 feet; a
minimum setback of 100 feet is required pursuant to Chapter 275 of the Town of Southold Town Code. Please
require that the applicant amend the application to meet the above policy to the greatest extent possible,
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations.
Policy Standards
10.1 (a) Protect existing water-dependent uses.
The term Water-dependent use means a business or other activity which can only be conducted in, on,
over, or adjacent to a water body because such activity requires direct access to that water body, and
which involves, as an integral part of such activity, the use of the ~vater. Existing uses should be
maintained and enhanced where possible and appropriate.
10.1 (b) Improve the economic viability of water-dependent uses by allowing for non-water
dependent accessory and multiple uses, particularly water enhanced and maritime support
services where sufficient upland exists.
The term water-enhanced use means a use or activity which does not require a location adjacent to
coastal waters, but whose location on the waterfront adds to the public use and enjoyment of the
water's edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment in
nature. These uses may be necessary for the successful financial operation and viability of water-
dependent uses.
The proposal located in the Marine II zoning district. The proposed use is neither a water dependent
use or a water enhanced use and therefore is inconsistent with the above Policy 10 and Sub-policies.
Cc:
Bruno Semon, Senior Site Plan Reviewer
File
OFFICE OF
ZONING BOARD OF APPEALS
ONce Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue
Mailing Address: 53095 Main Road, P.O. Box 1179
Southold, NY t1971-0959
.http://southoldtown.northfork,net
Email: Linda.Kowalski~Town.Southold,ny.us
Jayne. MartinCb,,Town.Southold.n¥.u,~
(631) 765-1809 (ext. 50t2 or 5011 during recording)
VIA FAX ~i' ~ ' '
office fax (631) 765-9064
MEMO
TO:
DATE:
RE:
MUNLEY~ MEADE~ NIELSEN & l~l~
July 23, 2007
VIA UPS
Ms. Linda Kowalski
Town of Southold Zoning Board of Appeals
Town Annex Building (North Fork Bank)
54375 Main Road
Southold, NY 11971
Application of New Cingular Wireless PCS, LLC
For Special Exception and Variance Approval
Proposed Wireless Telecommunications Facility
Premises: 40200 Main Road (Route 25)
Orient, New York
SCTM#: 1000-15-9-8.1
Dear Ms. Kowalski:
Pursuant to your request, we enclose herewith one (1) copy of the Southold Planning
Board's "State Environmental Quality Review Conditional Negative Declaration Notice
of Determination Non-S~gmficant , dated July 9, 200 .
Very truly yours,
MUNLEY, MEADE, NIELSEN & RE
By:
Dorothy Belard, Paralegal
/db
Enclosure
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
CONDITIONAL NEGATIVE DECLARATION
Notice of Determination Non-Significant
July 9, 2007
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Proposed Site Plan for Cingular Wireless/MGH Enterprises
SCTM#: 1000-15-9-8
Location:
Approximately 537' e/o Cedar Birch Lane, on the s/s/o New York
State Route 25, in Orient
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration: Yes (X)
No )
Description of Action: The proposed action involves a site plan with new construction of a
100' monopole cellular communications tower with Cingular locating antennae at 97'-0" and
87'-0" internally mounted in the tower, the site includes an existing boat marina and
restaurant on a 4.7-acre pamel in the Mil Zoning District located approximately 537' e/o
Cedar Birch Lane, on the s/s/o/New York State Route 25, in Orient SCTM#1000-15-9-8
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed and it was
determined that no significant adverse effects to the environment were likely to occur
should the project be implemented as planned.
· $EQR Negative Decl~p__.Q
Paqe Two
July 9, 2007~ ~?~-~c~
No substantial adverse change in existing air quality, ground or surface water quality or
quantity, traffic or noise levels, no substantial increase in solid waste production, potential
of erosion, flooding, leaching or drainage problems will occur as a result of this action.
This proposed action will be to build on unoccupied space on a marine zoned parcel with a
working marina and restaurant.
The property is a working marina and restaurant and does not contain significant
vegetation. No significant removal or destruction of large quantities of vegetation or fauna,
no substantial interference with the movement of any resident or migratory fish or wildlife
species, no significant impacts on a significant habitat area, no substantial adverse impacts
on a threatened or endangered species of animal or plant or the habitat of such a species,
and no other significant adverse impacts to natural resources will occur.
The proposed action does not appear to affect the current property use for boating, fishing
and/or recreation.
The impact of the scenic view will be mitigated, as the action proposed is a flagpole with all
antennae to be concealed within the monopole structure.
The site plan is being processed in accordance with the provisions set forth in the
Southold Town Code and will require a special exception approval from the Zoning
Board of Appeals prior to final site plan approval.
Due to the proximity of tidal wetlands, the proposed action will require NYSDEC and
Southold Town Trustees approval prior to construction and final site plan approval.
The proposed action will not significantly impair the character or quality of important
historical, archaeological, architectural, or aesthetic resources of existing community or
neighborhood character.
No major change in the use of either the quantity or type of energy will occur.
No known creation of a hazard to human health will occur.
The proposed action will not cause a substantial change in the use, or intensity of use,
of land including agricultural, open space or recreational resources, or in its capacity to
support existing uses.
The following referred agencies have corresponded and concerns/comments were
included in the review as listed below:
May 11,2006, the Southold Town Building Department issued a Notice of Disapproval
indicating the proposed construction "requires special exception from the Southold
Town Zoning Board of Appeals and site plan approval from the Southold Town
Planning Board.
August 3, 2006, the Architectural Review Committee reviewed the architectural drawings and
associated site plan materials and approved the flagpole with the following conditions of "gold
globe and red beacon light atop pole" and the Planning Board accepted the comments for the
file pending further review and final approval.
SEQR Negative
Paqe Three
July 9, 2007
August 23, 2006, the New York State Department of Transportation responded by letter
with "The scope of the work involved at this location will not have a significant impact on
the State Highway System" they also notified us that a Highway Work Permit will be
required "if any utility connections, work or vehicle staging will occur" and assigned a
Case No. 06-285P and the Planning Board will notify the applicant's agent of the
requirements.
September 18, 2006, Matthew D. Crane, L.S., of Hawkins, Webb & Jaeger Associates,
P.L.L.C., submitted a certification letter indicating construction of the equipment platform will
be elevated to 12' and complies with the flood zone designation at the time of a Building
Permit Review.
September 19, 2006, the Suffolk County Department of Planning responded after review and
determined this matter is for "local determination as there appears to be no significant county-
wide or inter-community impact(s)" and the Planning Board accepted this pursuant to 239 L &
M General Municipal Law.
October 2, 2006, Matthew D. Crane, L.S., of Hawkins Webb & Jaeger Associates, P.L.L.C.
submitted a second original certification letter indicating construction of the equipment platform
will be elevated to 12' and complies with the flood zone designation and the Planning Board
accepted this for the file and further compliance review from the Building Department at the
time of a Building Permit Review.
October 2, 2006, Heather Cusack, Environmental Technician, submitted a memo on Town
Trustees letterhead indicating "The proposed 100' monopole cellular communication tower
with antennae will require a permit from the Board of Trustees" and seven (7) additional
concerns; the Planning Board asked that this be filed for the record.
October 5, 2006, the Orient Fire District responded by letter after review for fire access and
the Southold Town Planning Board accepted the following recommendations:
"Request emergency vehicle access be maintained at least (15) feet in width and at
least (15) feet in height, subject to approval by the Fire Inspector, as stated in the
Southold Town Code Section 100-235 Access Requirements.
Request the applicant, New Cingular Wireless PCS, LLC, if they would consider
locating fire emergency communications antennae for the Orient Fire District on the
tower if it is needed to provide additional coverage for Orient "; and will incorporate into
the final site plan approval.
October 11,2006, the Southold Town Zoning Board of Appeals responded with a memo
"requesting additional time under SEQRA for receipt and review of an LWRP determination as
required under Chapter 268, and, when issued and made a part of the agency files, to allow
follow-up review/comments" and the Southold Town Planning Board accepted this request and
allocated additional time before issuing the SEQRA determination.
October 11,2006, the Suffolk County Department of Planning indicated the "Suffolk County
Planning Commission is an interested agency and hence has no objection to the Town of
Southold assuming lead agency" and the Planning Board accepted this recommendation.
SEQR Ne.qative
Page Four
July 9, 2007
October 17, 2006, the NYS Department of Environmental Conservation responded by letter
that "This Department has no objection to the Town of Southold Planning Board Office
assuming lead agency for this action" and the Planning Board accepted this recommendation.
October 19, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re' submitted for review the
requested "photos of the premises taken from Gardiner's Bay, thereby providing a southerly
view of the proposed area of construction" and the Southold Town Planning Board accepted
them for the file record.
October 23, 2006, the Southold Town Planning Board held a Work Session to review the
Planning Department file and requested that the southerly view of the construction site
pictures have the proposed tower superimposed and the agent was verbally notified on
October 27, 2006.
October 30, 2006, Mark Terry, the Southold Town LWRP Coordinator/Senior Environmental
Planner, reviewed the proposed action and his determination that "the proposed action is
INCONSISTENT with the following standards and therefore INCONSISTENT with the LWRP";
the report notes three policies and the Southold Town Planning Board approved of Staff
sending the report to the agent for review and mitigation of the polices noted.
November 22, 2006, Planning Staff sent a letter including the LWRP Coordinators report to
Lawrence C. Re', of Munley, Meade, Nielsen & Re', for review.
November 28, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted a revised site
plan to comply with the LWRP report, dated October 30, 2006, for review and elevation
drawings depicting the new location of the proposed flagpole/monopole and the Southold
Town Planning Board accepted the proposed plans with the re, quest that various distance
dimensions be added to the revised site plan from the boat ramp, bulkheads and wetlands,
additionally requesting revised photo simulations of the new proposed tower location prior to a
SEQRA determination.
November 29, 2006, the Southold Town Engineer reviewed the site plan materials and issued
comments and the Planning Board accepted the three (3) comments and will incorporate into
final site plan approval.
December 4, 2006, the Southold Town Planning Board held a Work Session to review the
Planning Department file and requested various additional information from Ryan Dassau; and
December 8, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted for review, in
response to the Planning Board request, the following: inventory and corresponding map of
existing Cingular sites, search ring and propagation maps and revised site plans depicting
additional setbacks and the Southold Town Planning Board accepted them for the file record.
December 18, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted 2 copies of
the Visual Study prepared by Creative Visual, Inc., dated July 19, 2006, of the proposed action
and the Planning Board reviewed the information and requested that a new Visual Study be
completed for the new proposed location.
· SEQR Negative
Pa.qe Five
July 9, 2007
December 18, 2006, the NYS DEC issued a permit for the proposed construction under Article
25 Tidal Wetlands Permit Number 1-4738-00898/00018 and the Southold Town Planning
Board accepted this approval with one correction that the applicant amends the permit to
include the new proposed location of the tower.
December 21,2006, the Southold Town Planning Board referred under SEQRA all file
information which included the following: revised site plan, Visual Study, Town Engineers
comments and LWRP comments to all coordinated agencies.
December 29, 2006, the Suffolk County Department of Planning responded that the "Suffolk
County Planning Commission has no objection to the Town of Southold assuming lead
agency" and the Planning Board accepted this recommendation.
February 12, 2007, the NYS Office of Parks responded by letter indicating "this agency has no
objection to the Town of Southold Planning Office assuming lead agency", additionally noting
"It appears that the Visual Analysis was prepared prior to a shift in project location" and the
Planning Board accepted this recommendation.
May 14, 2007, Ryan Dassau of Munley, Meade, Nielsen & Re', notified the Town that the next
Visual Study was scheduled for May 29, 2007 at 11:00 a.m. and the Planning Board will refer
this information to all agencies.
May 18, 2007, the Southold Town Planning Board referred under SEQRA the scheduled
Visual Study date to all coordinated agencies.
June 14, 2007, the Southold Town Planning Department received the Visual Analysis
prepared by Creative Visual, inc., dated June 2007, and the Southold Town Planning Board
reviewed the information at the Work Session on June 25, 2007 and requested it be tabled
until the next Work Session; and
July 2, 2007, the Southold Town Planning Board, at the Work Session, reviewed the site plan
file information and requested that the visual be forwarded to the NYS Office of Parks for
review and comments.
July 3, 2007, the Southold Town Trustees responded that they are "currently reviewing the
proposed 100' monopole cellular communications tower with antennae. The Planning Board
will receive a copy of our decision once made. The Board of Trustees reserves the right to
make any additional comments regarding this application" and the Planning Board will
condition the determination on the proposed construction in the wetland jurisdiction.
July 6, 2007, Thomas B. Lyons of the NYS Office of Parks responded by letter with comments
and indicated "This agency thus has no objection to the project as proposed, including lighting
to serve as a nautical marker of Orient Point" and the Planning Board accepts this
recommendation.
There has not been any correspondence received from the referred agencies listed
below:
· Southold Town Building Department
· Southold Town Supervisor
· Southold Town Board
,SEQR Ne~,
Page Six
· Suffolk County Department of Health Services
· Suffolk County Water Authority
· US Army Corps of Engineers
· US Coast Guard
July 9, 2007
Therefore, it is assumed that there are no additional comments or objections from these
agencies.
The Southold Town Planning Board agrees based upon the information, that no
significant adverse impacts to the environment are expected to occur should the project
be implemented as planned, however, the Southold Town Planning Board has
concerns that the proposed action may create a material conflict with the community's
current plans and goals, as officially approved by Southold Town under Town
Regulations and issues this Conditioned Negative Declaration with the following three
conditions:
The applicant/agent or owner must complete the application submission
requirements to the Town Zoning Board of Appeals for review and variance relief
along with special exception permission for this proposed action.
The applicant/agent or owner must complete the application submission
requirements to the Town Trustees for review and approval of the wetlands
jurisdiction on this proposed action.
3. The applicant/agent or owner must revise and amend the permit approval by the
New York State Department of Environmental Conservation.
Based upon such, the Conditional Negative Declaration is issued pending approval of
the proposed action by the agencies having authority. The Southold Town Planning
Board, as required under Town Code Section 280-131 part B (4a) Regulations, will not
grant site plan approval prior to the issuance of a special exception by the Zoning Board
of Appeals.
For Further Information:
Contact Person: Bruno Semon, Senior Site Plan Reviewer
Address: Southold Town Planning Board
Telephone Number: (631)765-1938
cc: Southold Town Zoning Board of Appeals
Southold Town Building Department
Southold Town Supervisor
Southold Town Board
Southold Town Board of Trustees
Southold Town Engineer
Suffolk County Department of Health Services
LWRP Mark Terry
NYSDEC - Stony Brook
New York State Department of Transportation
Suffolk County Water Authority
Suffolk County Planning Department
US Army Corps of Engineers
US Coast Guard
New York State Department of Parks/Pamela Otis
Office Location:
Town Annex/First Floor, No~th Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOIJTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
Mailing Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
MEMO
TO:
FROM:
DATE:
SUBJECT:
Planning Board
Attn: Jerilyn B. Woodhouse, Ch/h..hsm-rz~
James Dinizio, Jr., Chairman ~
Zoning Board of Appeals
July 13, 2007
SEQRA Coordination - Cingular Wireless/MGH (15-9-8)
As a follow-up to the October 11, 2006 ZBA letter requesting additional time to
review agency comments under SEQRA, this will confirm that the ZBA letter no
longer applies because all agency comments have been coordinated and received via
the Lead Agency.
Thank you.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
December 21,2006
DEC % '~ ZO P.~} Box 1179
.-~ South/01d, NY 11971
~ '~,5',~~Hall Annex '
54375 State ~ute 25
(cor. Main Rd. & Youngs Ave.)
Southold, ~
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Re: Lead Agency Coordination Request
Telephone: 631 765-1938
Fax: 631 765-3136
Dear Reviewer:
The purpose of this request is to determine under Article 8 (State Environmental Quality
Review Act-SEQRA)of the Environmental Conservation Law and 6 NYCRR Part 617
the following:
1. Your jurisdiction in the action described below;
2. Your interest in assuming the responsibilities of lead agency; and
3. Issues of concern which you believe should be evaluated.
Enclosed please find a copy of the revised site plan proposal, visual information,
Southold Town Engineers Comments and LWRP comments to assist you in your
response.
Project Name: Cingular Wireless / MGH Enterprises
Located approximately 537' e/o Cedar Birch Lane on the s/s/o New
York State Route 25 in Orient
SCTM #: 1000-15-9-8
Zone Marine II (Mil)
Requested Action: The proposed action involves a site plan for new construction of a
100' monopole cellular communication tower with Cingular locating antennas at 97'-0"
and 87'-0" internally mounted in the tower; the site includes an existing boat marina and
restaurant on 4.7 acres parcel in the Mil Zoning District.
Under Town Code the application requires a special exception approval from the
Southold Town Zoning Board of Appeals.
SEQRA Classification: ( ) Type I
( x ) Unlisted
Contact Person:
Bruno Semon, Senior Site Plan Reviewer
(631) 765-1938, X 5019
Lead Agency Coordination Request
Cingular Wireless ! MGH Enterprises
December 21, 2006
Page Two
The lead agency will determine the need for an environmental impact statement (ELS)
on this project. Within thirty (30) days of the date of this letter, please respond in writing
whether or not you have an interest in being lead agency.
Planning Board Position:
( x ) This agency wishes to assume lead agency status for this action.
(
(
) This agency has no objection to your agency assuming lead agency
status for this action.
) Other (see comments below)
Comments:
Enclosed is various information submitted to the Planning Board for your review.
Please feel free to contact this office for further information.
Bruno Semon
Senior Site Plan Reviewer
cc: Southold Town Zoning Board of Appeals
Southold Town Building Department
Southold Town Supervisor
Southold Town Board
Southold Town Board of Trustees
Southold Town Engineer
Suffolk County Department of Health Services
LWRP Mark Terry
NYSDEC - Stony Brook
New York State Department of Transportation
Suffolk County Water Authority
Suffolk County Planning Department
US Army Corps of Engineers
US Coast Guard
New York State Department of Parks, Michelle Somma and Pamela Ottis
Creative Visuals, Inc.
37 Happy Valley Road
Post Office Box 435
Bearsville, New York 12409
Phone (845) 679-9055
Fax (845) 679-1175 email:cvisuals~aol, com
July 19, 2006
Ruth D. Oliva, Chairperson
and Members of the Southold Zoning Board of Appeals
Town of Southold
Post Office Box 1179 - 53095 Main Road
Southold, New York 11971
RE: Proposed Public Utility Wireless Telecommunications Facility
Dear Chairperson Oliva and Members of the Southold Zoning Board of Appeals:
The following is a description of the methodology used in preparing the visual analysis study and photo realistic
renderings of a post-construction, New Cingular Wireless PCS, LLC. proposed public utility wireless telecommunications
facility ("Facility") located at 40200 Main Road, Orient Point, New York. The proposed Facility will consist of a
100'AGL (Above Ground Level) tall monopole and ground equipment as depicted on the site plans prepared by William
F. Collins AIA, the applicant's consultants. Creative Visuals, Inc. has prepared an accurate visual study of the completed
128' tall Facility.
A two-man team made an on-site visit to obtain familiarity with the terrain and its surrounding area. Nine view
points within close proximity of the site were selected for analysis as areas of potential visual impact, from which five
were selected for photo representation of the completed monopole. The following view points are presented for analysis:
Description of View Point
View point A- from the intersection of Uhl Lane and Three Waters Lane, 1,994'
crane not visible;
View point B - from adjacent to the beach/parking area atthe end of 3,036'
Lands End Lane, crane not visible;
View point C - from near 965 Ryder Farm Lane and the intersection of Ryder 2,507'
Farm Lane and Uhl Lane, crane not visible;
View point D - from the intersection of Ryder Farm Lane and Route 25, 1,716'
crane not visible;
View point E - from near 1410 Cedar Birch Lane; 1,100'
View point F - from near the entrance to the "Cross Sound Ferry"; i, l 15'
View point G - from Lands End Lane; 1,114'
View point H - from Park View Lane near the intersection with Plum Island Lane; 1,405'
View point I - from the entrance to "Orient Beach State Park". 888'
Approximate Distance to Site
Larry Heimel took analog photographs of the site fi.om each of the view points under study, shooting Fuji
Professional NPCI60 print film. Two Nikon F-5 cameras were used, each with a fixed 50mm lens. Two cameras were
used to provide an "insurance" shot. The photos were taken on May 17, 2006 between l:10 and 4:00 P.M.; conditions
were sunny skies. These photos presented a reference point for calculation of the structure's placement, using red flags
attached to a crane. The flags were set at I00' above the approximate location of the proposed site, which represents the
top of the Facility.
The negatives were scanned at 2700 dpi (dots per inch) and then digitized as high-resolution files. The site and
each view point were then located on a digitized DOT contour map. AutoCAD was used to create a model of the actual
proposed Facility using measurements taken in the field and the dimensions and drawings furnished by William F.
Collins, AIA.
The 3D software photorealistieally rendered the proposed Facility as seen fi.om each of the photo simulation view
points, maintaining the perspective cfa 50mm lens. This resulted by exporting the location of the view points into the 3D
program flora AutoCAD. The 3D software utilized this imported file to reference the Facility and view point locations,
thus maintaining their relative X, Y and Z distances. The Facility was generated with its actual diraensions as a vectorized
3D model. Each view point including the site was elevated to its relative AMSL. The 3D program cameras were set at
each view point's X, Y and Z location and photographed the model with a 50mm lens (correlating to our analog 50mm
photos). The X, Y and Z coordinates allowed the 3D eamem to render the Facility to its correct scale, rotation and angle
from each view point. The Facility was assigned 'photorealistie" materials in the 3D software. 3D software simulated
sunlight on the 3D model, taking into account the site latitude, date and time of day of the view point photographs. Adobe
Photoshop software was used in the process of overlaying the 3D model onto the corresponding visible references used
during photography. The crane was digitally removed from the view point photographs and the photorealistieally-rendered
3D model was inserted and merged into the digitized site photos.
Conclusion
Based upon our over eleven years' experience in visual analysis, as well as analyzing over 600 public utility
structure sites throughout the region, we are confident that the enclosed visual study reasonably reflects the appearance of
the Facility, at the captioned site.
C$~tivo V/suals, he.
P~t)POSED PUBLIC UTIi~'Y
WIRELESS-TELECOMM UNCATIONS FACILITY
40200 Main Road
Orient Point, New York
Site #L1-1059
Prepared for New Cingular Wireless PCS, LLC
t7
!arina
SITE LOCATION
VIEW POINT
LOCATION
0' 500' 1000' 2000'
SCALE: 1" = 1000'
View point A
From the intersection of Uhl Lane and Three Waters Lane, crane not visible
Photo by Creative Visuals, Inc.
View point B
From adjacent to the beach/parking area at the end of Lands End Lane, crane not visible
Photo by Creative Visuals, Inc.
View point C
From near 965 Ryder Farm Lane and the intersection of Ryder Farm Lane and Uhl Lane, crane not visible
Photo by Creative Visuals, Inc.
View point D
From the intersection of Ryder Farm Lane and Route 25, crane not visible
Photo by Creative Visuals, Inc.
Existing view
View point E
From near 1410 Cedar Birch Lane
Photo by Creative Visuals, Inc.
View point E
From near 1410 Cedar Birch Lane
Computer simulated photo by Creative Visuals, Inc.
Existing view
View point F
From near the entrance to the "Cross Sound Ferry"
Photo by Creative Visuals, Inc.
View point F
From near the entrance to the "Cross Sound Ferry"
Computer simulated photo by Creative Visuals, Inc.
Existing view
View point G
From Lands End Lane
Photo by Creative Visuals, Inc.
View point G
From Lands End Lane
Computer simulated photo by Creative Visuals, Inc.
Existing view
View point H
From Park View Lane near the intersection with Plum Island Lane
Photo by Creative Visuals, Inc.
View point H
From Park View Lane near the intersection with Plum Island Lane
Computer simulated photo by Creative Visuals, Inc.
Existing view
View point I
From the entrance to "Orient Beach State Park"
Photo by Creative Visuals, Inc.
View point I
From the entrance to "Orient Beach State Park"
Computer simulated photo by Creative Visuals, Inc.
LI-1059 Area Map with surrounding sites
LEGENDS:
· On Air Sites
· Proposed Sites
· Subject Site
New Cingular Wireless PCS, LLC
Proposed Wireless Telecommunications
Facility
Premises: 40200 Main Road (Rte. 25)
Orient, NY
SCTM# 1000-15-9-8.1
New Cingular Wireless PCS, LLC
Town o1 Southold Site Inventory New Cingular Wireless PCS, LLC
Town of Sou~hold Site tnventory
Site Id Site Name Site Address T_Height Structure Type Latitude Lon(li/ude Distance(mtlesI Status
139 Narthville Sound Shore Rd, Riverhead, NY 99 Tower 40 9772 -72 640E 24.0 On-Air
225 Greenpor[ (Greenpod Water District) Moo e's Lane, Greenpod, NY 146 Water Tank..~ 41 1042 -72.374; 7 6 On-Air
228 Madltuck Cin ular Tower Rte 25 & Eli~h Lane, Mattituck, NY 99 Towe.~r 40,998~ -72~8 17.5 On-Air
229 Southold -- S~uthold Police De~_ Peconic Lane, Peconst, NY -- 121 Tower 41.0358 -72,455 13,6 On-Air
L1-101~7 East Mario~ Eas~ Rte 25 ,East Marion, NY 118 ~ 41.127~ -72.3414 5.4
LI 102~ ~ ~ 6~ Tower 41.066~ -72,424~ 11,1
L1-1059 East Orient Point 40200 Main Rd, Orient Point, Ny --~
LI-741 East Norville ~--
................ 15~0 Towe.~.,_.~.~r 40.989~6 -72.584~
~hs of Surrounding Properties
No~h
NE
New Cingular Wireless PCS, LLC
Proposed Wireless Telecorrmrunications
Facility
Premises: 40200 Main Road (Rte, 25)
Orient, NY
SCI'M# 1000~I 5-9-8.1
East
SE
South South East
South
SW
West
Looking into Orient Point State Park
NW
This buildinc ' )art of
urant
Restaurant looking North
Orient Point Ferry Building center
Entrance to Orient Point State Park just west of the restaurant
NOKIA
Overview of Nokla UIIraSite EDGE Base Station
NEW CINGULAR WIRELESS PCS, LLC
Application for Town of Southold
Site Plan Approval
Proposed Equipment Cabinet
Figure 2. Nokia UItraSite EDGE BTS Outdoor, Indoor, and Midi Indoor-
/ an ideal solution for urban, suburban, or rural environments
1940
{76.4)
770 750
(3g.3) "~'~-J~"{29.5) (23.6)..~{22.4)
~ 800 570 ~
Ouldoor Indoor
NOTE:
Dimensions mm{inch)
MIdilndoor
Figure 15. Dimensions of Nokia UltraSite EDGE BTSs
NEW CINGULAR WIRELESS PCS, LLC
Example of Proposed Cabinet
MUN~EY~ MEADE, NIELSEN
(631) 425-4100
(631) 425-4104
December 8, 2006
VIA UPS
DEC 2 ? 2006 ,,~'/r.~:::'_;: ....
Jerilyn B. Woodhouse, Chairperson, and
Members of the Town of Southold Planning Board
Southold Town Hall, Town Annex Building
54375 Main Road
Southold, NY 11971
RE:
Application of Ne~v Cingular Wireless PCS, LLC
For Site Plan Approval of Proposed Wireless Telecommunications Faailit~ ' -
Premises: 40200 Main Road (Route 25)
Orient, New York
SCTM#: 1000-15-9-8.1
Dear Chairperson Woodhouse and Board Members:
Further to the request made by the Planning Board during the recent work session held on December 4, 2006,
we submit, herewith, on behalf of our client, New Cingular Wireless PCS, LLC ("Cingular"), ten (i0) copies of
the following documents:
1. Inventory and corresponding map of existing Cingular sites within the Town of Southold, including
facilities in abutting towns which provide service to areas within the Town of Southold, indicating
distances to the proposed site;
2. Search ring and propagation maps depicting Cingular's existing and proposed coverage for the
subject site, as well as the existing site at the Orient Fire District and proposed site at the East
Marion Fire District; and
3. Revised site plan and elevation drawings depicting the additional setback distances, dated December
8, 2006. Please note that, pursuant to the Board's request, setback distances were added to the site
plan measuring from the proposed flagpole to the following locations:
a) Existing boat launch ramp: 54'-2"
b) Existing bulkhead at eastern bay entrance: 167'~7"
c) Existing interior bulkhead at closest point: 107'-11"
d) Existing bulkhead at closest point to Gardiner's Bay: 157'-11"
We hereby respectfully request that the Planning Board review the newly revised plans at its next meeting.
As per our discussion at the work session, our client will forego preparation of a revised visual analysis until a
final determination is made as to the proposed pole's location. Once the location is finalized, our client will then
Ms. Jerilyn B. Woodhouse
Tov~ of Southold Planning Board
December 8, 2006
Page 2 of 2
and Me~nbers of the
prepare additional photosimulations depicting viewpoints from nearby Gardner's Bay. At that time, we will also
submit final revised signed and sealed site plan drawings.
Finally, as discussed at the work session, please note that, on behalf of our client, we contacted Lt. Doug Miller
of the United States Coast Guard, Long Island Sound Waterway Management to discuss the subject proposal.
Lt. Miller advised that, once installed, the proposed flagpole would be helpful to "facilitate navigation" by
allowing boaters to fix their position to a greater extent. We will continue to follow up with Lt. Miller in hopes
that, once installed, the proposed flagpole could be an added benefit to the community in this regard.
Thanking you for your courtesies, we remain
Very truly yours,
MUNLEY, MEADE, NIELSEN & RI~
By: R yct*v
Ryan Dassau
/rd
Enclosures
SCOTT A. RUSSELL
SUPERVISOR
TOWN HALL - 53095 MAIN ROAD
Fax. (631)- 765 - 9015
JAMES A. RICHTER, R.A.
ENGINEER
TOWN OF SOUTHOLD, NEW YORK 11971
Tel.(631)-765 -1560
OFFICE OF THE ENGINEER
TOWN OF SOUTHOLD
Jerilyn B. Woodhouse
Chairperson - Planning Board
Town Hall, 53095 Main Road
Southold, New York 11971
Dear Mrs. Woodhouse:
Re:
November 29, 2006
Orient by the Sea / MGH Enterprises
Cingular Wireless Cell Tower
SCTM #: 1000-15-09-8.1
As per a request from your office, I have reviewed the site plan for the above referenced
project. This site plan has been prepared by the office of"W FC" William F. Co}lins, AIA and has been
dated 6/26/06. Please consider the following:
1. This project will require special exception and use variances from the Town's Zoning Board of
Appeals and Tidal Wetlands Permits from the NYS DEC and Town Trustees. These items may have
already been addressed by these other agencies. If they have not, the items should be coordinated
through Mike Verities office at the Building Department.
2. Drainage calculations have not been provided on the site plan. The documentation enclosed
with the LWRP Consistency application indicates that there will not be an increase in storm-water
runoff. The proposed equipment cabinets will be mounted on an elevated steel platform over an
existing gravel pavement area that is void of vegetation. Therefore, I would agree with this
determination with the following exception. The area below the platform should be excavated down to
clean sand or well draining soil. This area should then be backfilled with large gravel to allow all
storm-water passing over or through the equipment platform a place to recharge back into the ground.
3. A letter to the file from the Project Engineer has stated that all work will conform to the
requirements of FEMA and the VE (12) Flood Zone. The equipment cabinets will be mounted on an
elevated steel platform to comply with these requirements. However, the proposed pad mounted
CSC Cabinet from the electrical service is shown mounted on the ground. This item may also require
elevation to meet the Flood Zone requirements and should be coordinated with the Building
Department.
If you have any questions regarding this site plan review, please contact my office.
CC:
SouthoId Town Trustees
NOV 3 0 ~
MLrN-LEy~ ~IEADE~ NIELSEN
RgPL¥ TO: []
November 28, 2006
VIA UPS
Jerilyn B. Woodhouse, Chairperson, and
Members of the Town of Southold Planning Board
SouthoId Town Hall, Town Annex Building
54375 Main Road
Southold, NY 11971
Application of New Cingular Wireless PCS, LLC
For Site Plan Approval of Proposed Wireless Telecommunications
Premises: 40200 Main Road (Route 25)
Orient, New York
SCTM#: 1000-15-9-8.1
Dear Chairperson Woodhouse and Board Members:
Further to our telephone conversation yesterday with Senior Site Plan Reviewer Bruno Semon, and in response
to Mr. Mark Terry's LWRP correspondence of October 30, 2006, we submit, herewith, on behalf of our client,
New Cingular Wireless PCS, LLC ("Cingular"), ten (10) copies of revised site plan and elevation drawings
depicting the new location of the proposed flagpole/monopole at the premises.
In an effort to comply with recommendations made by Mr. Terry, you will note that Cingular has relocated the
pole away from the bulkhead and to the northwest, near the proposed equipment compound. Representatives of
both the applicant and the landlord revisited the site and investigated the possibility of locating the pole closer to
25A behind the existing building. They found, however, that such a change would not be feasible due to a
conflict ~vith existing conditions, i.e., parking area, proximity to boats and means of ingress and egress.
We hereby respectfully request that the Planning Board review the newly revised plans at its meeting of
Monday, December 4, 2006.
Further, pursuant to Mr. Semon's recommendation, our client will forego preparation of a revised visual
analysis, until a final determination is made as to the proposed pole's location. Once the location is finalized,
our client will then prepare additional photosimulations depicting viewpoints from nearby Gardner's Bay. At
that time, we will also submit final signed and sealed, revised site plan drawings.
Thanking you for your courtesies, we remain
Very truly yours,
MUNLEY, MEADE, NIELSEN & RI~
By:
R y D
Ryan Dassau
RD/db
Enclosures
MUNLEY~ MEADE~ NIELSEN
REPLy TO: []
(631) 425-4104
October 19, 2006
VIA UPS
Jerilyn B. Woodhouse, Chairperson, and
Members of the Town of Southold Planning Board
Southold Town Hall
Town Annex Building
54375 Main Road
Southold, NY 11971
RE: Application of New Cingular Wireless PCS, LLC
For Site Plan Approval
Proposed Wireless Telecommunications Facility
Premises: 40200 Main Road (Route 25)
Orient, New York
SCTM#: 1000-15-9-8.1
Dear Chairperson Woodhouse and Board Members:
As per the request of Mr. Bruno Semon, we enclose herewith photos of the premises
taken from Gardiner's Bay, thereby providing a southerly view of the proposed area of
construction. We understand that the position of the blue truck in certain of the photos
represents the proposed pole location.
Very truly yours,
MUNLEY, MEADE, NIELSEN & R}~
By:
R
Ryan Dassau
RD/db
Enclosures
~Iu'NLEY~ ~/[EADE~ NIELSEN
~ E IPI~y TO:
October 19, 2006
VIA UPS
Jerilyn B. Woodhouse, Chairperson, and
Members of the Town of Southold Planning Board
Southold Town Hall
Town Annex Building
54375 Main Road
Southold, NY 11971
Application of New Cingular Wireless PCS, LLC
For Site Plan Approval
Proposed Wireless Telecommunications Facility
Premises: 40200 Main Road (Route 25)
Orient, New York
SCTM#: 1000-15-9-8.1
OCT 2 0
Dear Chairperson Woodhouse and Board Members:
As per the request of Mr. Bruno Semon, we enclose herewith photos of the premises
taken from Gardiner's Bay, thereby providing a southerly view of the proposed area of
construction. We understand that the position of the blue truck in certain of the photos
represents the proposed pole location.
Very truly yours,
MUNLEY, MEADE, NIELSEN & RI~
By:
R yan
Ryan Dassau
RD/db
Enclosures
New Cingular Wireless PCS, LLC
L1-1059 Orient By The Sea ~ Pictures from the Water
New York State Department of Environmental Conservation
Division of Environmental Permits, Region One
Building 40 - SUNY, Stony Brook, New York 11790-2356
Phone: (631) 444-0403 FAX: (631) 444-0360
October 17, 2006
LEAD AGENCY COORDINATION RESPONSE
Bruno Semon
Town of Southold Planning Board
P.O. Box 1179
Southold, NY 11971
Re:
LEAD AGENCY COORDINATION REQUEST
Cingular Wireless/MGH Enterprises
537' e/o Cedar Birch Lane, s/s/o New York State 25
Orient, NY 11957
SCTM# 1000-15-09-08
Dear Mr. Semon:
This letter is in response to your Lead Agency Coordination Request of March 14, 2006 regarding
lead agency coordination for the above project pursuant to the State Environmental Quality
Review Act (SEQRA) of the Environmental Conservation Law and it's implementing regulations
(6NYCRR Part 617).
This Department has no objection to the Town of Southold Planning Board Office
assuming lead agency status for this action,
Please send your SEQRA determination to my attention at the address shown above. Please
advise the applicant that the undertaking of any regulated activity within 100' of the freshwater
wetland boundary at this site will require a Freshwater Wetland Permit from this Department. If
you have any questions, please call me at 631-444-0403.
Since, rely,
-" Sherri Aicher
~,~ ,,,~--,~,,~'" '~ Environmental Analyst
DEPARTMENT OF PLANNING
Mr. Bruno Semon
Senior Site Plan Reviewer
Planning Board
Town of Southold
P.O. Box 1179
Southold, NY 11971
DUNTY OF SUFFOL
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
October 11, 2006
THOMAS A. ISLES, A.I.C.P.
DIRECTOR OF PLANNING
Re: Cingular Wireless / MGH Enterprises
S.C.T.M. #: 1000-15-9-8
Suffolk County Planning Commission File #: LS-G-2039
Dear Mr. Semon:
Your notification for SEQRA coordination for the above referenced action was received by our agency
on September 19, 2006. The Suffolk County Planning Commission is an interested agency and hence has no
objection to the Town of Southold assuming Lead Agency status for the above referenced action. The Suffolk
County Planning Commission reserves the right to comment on this proposed action in the future and wants to
be kept informed of all actions taken pursuant to SEQRA and to be provided with copies of all future EAFs,
DEISs and FEISs.
Thank you for the opportunity to comment on this action. We have no comments at the present time.
Sincerely,
Peter K. Lambert
Principal Planner
cc: Andrew Freleng, Chief Planner
M:\SEQRA~2006\Southold\Cingular Wireless.doc
OCT ;
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (631} 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 fax (631) 853-4044
Orient Fire District
Board of Fire Commissioners
Joseph S. Wysocki, Chairman - Scott L. Halris · Gal~ L. Tabor. Lloyd A. Kalin · Arthur & Ruroede · Edward G. Loper, Secretary/Treasurer
October 5, 2006
Bruno Semon
Senior Site Plan ReviewerPlanner
Southold Town Planning Board
PO Box 1179
Southold, NY 11971
Dear Bruno:
The Board of Fire Commissioners of the Orient Fire District recently reviewed the site
plan application for new construction of a 100' monopole cellular communication tower
with Cingular. The site includes an existing boat marina and restaurant on 4.7 acres
parcel in the Mil Zoning District located at approximately 537' e/o Cedar Birch Lane on
the s/s/o New York State 25 in Orient. SCTM#(s) 1000-15-9-8
In review of your request of the Board of Fire Commissioners for fire access and for any
recommendations they request the following:
· Request emergency vehicle access be maintained at least (15) feet in width and at
least (15) feet in height, subject to approval by the Fire Inspector, as stated in the
Southold Town Code Section 100-235 Access Requirements.
· Request the applicant, New Cingular Wireless PCS, LLC if they would consider
locating fire emergency communications antennas for the Orient Fire District on
the tower if it is needed to provide additional coverage for Orient.
Sincerely, /'~
Edward Lop4&t/
Secretary/Treasurer
Orient Fire District
23300 Main Road . Orient, NY 11957 * (631)323-2445 * Fax(631)323-9706
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
MEMO
TO:
FROM:
DATE:
SUBJECT:
Mailing Address:
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net .,~
ZONING BOARD OF APPI~AI~S
TOWN OF SOUTHOLD
Tel. (631)765-1809. Fax (631) 765-906~'~
Plying Board
Attn: Jefil~ B. Woodhouse, Chair
Zoning Board of Appeals, Ruth D. Qliva, Chai~oman ·
October 11, 2006
PB Pending Reviews - Cingular Wireless/MGH Ente~ses
Location: O~ent By the Sea Restaur~t Site (CTM 15-9-8)
Our Department has received word that the Planning Board as Lead Agency has
determined the above project in an Unlisted Action category, and that a declaration may
be adopted under SEQRA at the next Planning Board meeting.
This will confirm that the Board of Appeals is requesting additional time under SEQRA -
for receipt and review of a LWRP determination as required under Chapter 268, and,
when issued and made a part of the agency files, to allow for follow-up review/comments
by the Board of Appeals, the Town's Environmental Consultant, and all interested
agencies under SEQRA, before a final declaration is adopted under SEQRA.
Thank you for your consideration.
~LANNING BOARD MEMBE~
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
September 12, 2006
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE ~
Mr. Lawrence C. Rb
Munley, Meade, Nielson & Rb
36 North New York Avenue
Huntington, NY 11743
Re:
Cingular Wireless / MGH Enterprises
Located approximately 537' e/o Cedar Birch Lane on the s/s/o New York
State Route 25 in Qrient
SCTM # 1000-15-9-8 Zone Marine II (M-II)
Dear Mr. RS:
The following resolution was adopted at a meeting of the Southold Town
Planning Board on Monday, September 11, 2006:
WHEREAS, the applicant proposes a site plan for new construction of a 100'
monopole cellular communication tower with Cingular locating antennas at 97'-0"
and 87'-0" internally mounted in the tower, the site includes an existing boat
marina and restaurant on 4.7 acres parcel in the Mil Zoning District located
approximately 537' e/o Cedar Birch Lane on the s/s/o/New York State Route 25
in Orient SCTM#1000-15-9-8; and
WHEREAS, on May 11,2006, the Southold Town Building Department issued a
notice of disapproval indicating the proposed construction "requires special
exception from the Southold Town Zoning Board of Appeals and site plan
approval from the Southold Town Planning Board"; and
WHEREAS, on July 7, 2006, a formal site plan application was submitted for
approval; be it therefore
RESOLVED, that the Southold Town Planning Board, pursuant to Part 617,
Article 6 of the Environmental Conservation Law acting under the State
environmental Quality Review Act, initiates the SEQR lead agency coordination
process for this unlisted action.
Enclosed is the lead agency form, full environmental assessment form Part 1 and
visual analysis.
Cin.qular Wireless / MGH Enterprises Pa.qe Two September 12, 2006
If you have any questions regarding the above, please contact this office.
Very truly yours,
odhouse
Chairperson
EriC.
CC:
Southold Town Zoning Board of Appeals
Southold Town Building Department
Southold Town Supervisor
Southold Town Board
Southold Town Board of Trustees
Southold Town Engineer
Suffolk County Department of Health Services
LWRP Mark Terry
NYSDEC - Stony Brook
New York State Department of Transportation
Suffolk County Water Authority
Suffolk County Planning Department
US Army Corps of Engineers
US Coast Guard
New York State Department of Parks
OFFICE OF
ZONING BOARD OF APPEALS
--/ ~{~ t/"~4;~l)~ Office Mailing Address: 53095 Main Road, P.O. Box 1179
Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue
Southold, NY 11971-0959
Emails: Linda. Kowalski~,Town.Southold.ny. us
Jayne. Martin~,Town.Southold.ny.us
Lucille. Cappabianca~Town. Southold.ny.us
hffp:l/southoldtown.no~hfork.net
(631) 765-1809 (ext. 5012, 5011) fax (631) 765-9064
~~-~ ~ ~ ~ REPLY FORM
TO: - /~~ ~ /~.~M~/~ Fax~
ZBAFile~- [~J~.~ ~
Date of Building inspector ~tice of Disapproval: ' / '
) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the
following by mail or by hand delivery. Thank you.
) The map submitted does not match the information on the Building Inspector's Notice of
Disapproval. Please submit the amendments dated directly to
Building Department for review. If an amended Notice of Disapproval is issued, please furnish
seven (7) copies with a cover letter confirming that the amended relief that is being added or
revised in your request for variance(s). Thank you.
the
OTHER/INFORMATION REQUESTED (7 sets with cover/transmittal sheet when submitting):
( ) Filing fee is $ ; Amount due (please mail):
Amount paid was:
( ) Available survey showing existing property/building details, with licensed surveyor information.
( ) Architectural map or updated survey showing dimensions of existing and proposed new
construction areas, setbacks to property lines, and building lot coverage calculations.
( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top
of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of
construction.
Letter confirming status and date of review by other involved agencies
comments, or copy of up-to-date agency action.~.~4~ ~a~
( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D~), and
copies of deeds dating back to creation of original lot lines for the prope~y in the unmerger request.
Thank yofi. Y a ~
INSTRUCTIONS FOR VARIANCE APPLICATIONS
SOUTHOLD TOWN ZONING BOARD OF APPEALS
Phone: (631) 765-'1809 Fax: (63'1) 76S-9064
Please submit seven (7) collated sets with the ORIGINAL SIGNED SET on top:
NOTICE OF DISAPPROVAL from the Building Inspector dated within the last 60
days, together with copies of permit application and correspondence on file with
the Building Department.
APPLICATION: Typed or neatly written, signed by the properb/ owner or
representative and notarized. If you have a representative, please furnish a
signed consent form stating he/she is authorized to sign and submit this
application.
NEW SURVEY, or available Survey of record with architect's site plan:
Surveyor must show proposed and existing setbacks, patios/driveways, wetland
buffers, high bank or bluff, square footage and dimensions of lot, dimensions of
new construction, fences, tanks, overhangs, chimneys, cesspool locations, etc.
(If your project involves total lot coverage exceeding 20% of the total area of the
lot, surveyor must calculate square footage breakdown of all building areas.)
Please give distance between new proposed construction and nearest wetland,
bulkhead, top of the bank or bluff, and overhangs exceeding 18~. Lot coverage
must be calculated by a licensed surveyor.
BUILDING DIAGRAMS: Can be a rough diagram or sketch with root design,
elevations, existing and proposed mean height, existing and proposed maximum
height to top of the ridge.
FLAG or STAKE outside corners of new construction areas for on-sita inspections and
provide seven (7) photos~ labeled to Identify areas of new construction or changes in
'relation to closest buildings after it has been flagged or staked. (Please label with
owner's name on all photos.)
ENVIRONMENTAL ASSESSMENT FORM: Necessary ONLY if your project is
other than a dimensionaPsetback or lot size variance.
TOWN PROPERTY CARD (may be available from Assessors Office)
c;~~;*;;~elght copies attaching extra map and exp anation of
landscaping and activities near Coastal Zone Management Area - perta ns to new
construction near blaWs and shorelines. '.~
CHECK payable to "SOUTHOLD TOWN CLERK." (Please see code rea
schedule, attached.)
After the Board has reviewed the application and calendared your application for a
public hearing, we will confirm the date, place and time of the hearing, and provide a
leffer with the Town's Legal Notice, a yellow sign for your posting, an area map showing
the surrounding lots (circled) that will require certified mail notice from you, and Affidavit
forms for your use in the final notice steps.
Please note: (A) Any changes, after submitting the above, must be placed in writing
to the Board of Appeals clartfylng the changes with the seven maps, as revised.
Changes may also require an amended Notice of Disapproval to address these after
you submit amendment to the Building Department. If you are not sure, please check
directly with the Plans Reviews of the Building Department at 765_1802; (B) Service of
a copy of your appeal application upon the Building Depadment is necessary under
New York Town Law. Please include a letter or other document for the ZBA file
indicating when notification of your appeal application was given to the Building
Department.
Thank you.
10/04
ZB
MUN~gY~ MEADE, NIELSEN ~ 1~1~
July 6, 2006
BY HAND
Ruth D. Oliva, Chairperson, and Members of the
Town of Southold Zoning Board of Appeals
Town Annex Building (North Fork Bank)
54375 Main Road
Southold, NY 11971
Application of New Cingular Wireless PCS, LLC, CCingular")
For Special Exception and Variance Approval
Proposed Wireless Telecommunications Facility
Premises: 40200 Main Road (Route 25)
Orient, New York
SCTM#: 1000-15-9-8.1
Dear Chairperson Oliva and Board Members:
On behalf of our client, New Cingular Wireless PCS, LLC, we submit, herewith, the
captioned Applications for Special Exception and Variance in eight collated sets, as
follows:
1. Town of Southold Building Department Notice of Disapproval of Building Permit
Application;
2. Filing Fee: Check in the sum of $600.00 made payable to the "Town of
.- Southold";
Completed and executed Application for Special Exception;
Completed and executed Application for Variance;
5. Completed and executed Applicant Disclosure Form for Special Exception
Application;
6. Completed and executed Applicant Disclosure Form for Variance Application;
7. Completed and executed Town of Southold Zoning Board Questionnaire;
8. Completed and executed Short Environmental Assessment Form;
9. Cert cates ccupancy; ~ re ~ ' ' ~ L
10. Owner's Authorization Affidavit;
11. Completed ~d executed Long Environmental Assessment Form and Visual
Addendum/~ 100-163D(1)(k)];
Ms. Ruth D. Oliva, Cl~erson, and Members of the
Town of Southold Zoning Board of Appeals
July 6, 2006
Page 2 of 2 -~
Lease Agreement [§ 100-163D(7)];
Last Deed of Record [§ 100-163D(7)];
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Site and Elevation Plans [§ 100-163D(1)] and Landscaping Plan [9100-163D(5)],'
Survey [§100-163D(1)]; . . '
300'Radius Map [§100-163D(d)];
Photographs of flagged construction area;
Affidavit of Co-location [§ 100-63D(3)];
Radio Frequency Engineer Affidavit in compliance with Town of Southold Code
§100-163D(2), (3), (8), and (9), including Search Ring and Propagation Maps;
Inventory and corresponding Map of Applicant sites within the Town of Southold,
including facilities in abutting towns which provide service to the areas within the
Town of Southold and indicating distances to the proposed site [§100-163D(4)];
Inventories and corresponding Maps of Sprint Spectrum L.P., Nextel of New York,
Inc., and Verizon Wireless sites [§100-163D(4)], within the Town of Southold,
including facilities in abutting towns which provide service to the areas within the
Town of Southold and indicating distances to the proposed site. We have
attempted to obtain an inventory and map of sites from Omnipoint
Communications, Inc. However, they have not responded to our request;
Certified Engineering Analysis of Radio Frequency Emissions [§100-163D(8)];
and
Copy of FCC License. ~.
Very truly yours,
MUNLEY, MEADE, NIELSEN & RI~
By:
La,wrerw, C. R&
Lawrence C. Rb
LCR:db
Enclosures
ESTAB. 1872
October 2nd , 2006
HAWKINS WEBB JAEGER ASSOC. P.L.L.C.
ENGINEERS · ARCHITECTS · SURVEYORS · PLANNERS
WILLIAM L. JAEGER I1~ P.E.L.S.
MATTHEW D. CRANE L.S.
EDWARD MILLER AIA
FRANCIS A, HAWKINS 1913
HERMAN P HAWK[NS 1962
CHARLES S. WEBB JR. L.S
Jerilyn B Woodhouse, Chairperson
Town of Southold Planning Board,
Town Annex Building,
54375 Main Road,
Southold, New York 11971 ........ -----"~
RE: Statement of flood zone compliance, proposed Cingular ¢~gu~igsp..e...aL'~la;tform at'Od~i~t
by the Sea, 40200 Main Road, Orient Point, New York. Suffolk County Tax Map # 1000-15-
9-8.1.
Dear Ms. Woodhouse and members of the Town of Southold Planning Board:
At the request of Plans Reviewer Bruno Semon I am making a statement of
compliance on the proposed equipment platform at the above location. As per the site plan
submitted by the applicant's (Cingular Wireless PCS, LLC, job # 24897, WFC # 05-6478,
drawing # SP-3 latest date 6/26/06) Architect, William F. Collins, AIA, Architects, LLP.
Cingular is proposing to construct a telecommunications facility equipment platform 4 feet
above grade in a location near Gardiner's Bay.
This proposed equipment platform is in a location where a recent survey by my firm
indicated existing, true elevations ranging from 8.5' to 9.2 in elevation. The Flood Insurance
Rate Map (Map # 36103C0088 G dated May 4th, 1998, panel 88 of 1026) indicates a flood
zone of VE (12). The proposed equipment platform will have an elevation of over 12', which
places it within compliance of the minimum elevation required for that flood zone
designation.
If you have any questions please feel free to contact me at (631) 732-7777 ext. 105,
yours,
~D. Crane, L.S.
3239 Route 112, Bldq 8, Suite 1, Medford, New York 11763
PHONE (631) 732-7777 FAX (631) 732-7760
E-mail and Web Site www, hwiaeqer com
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
John Holzapfel
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
MEMO
October 2, 2006
To: Bruno Semon
From: Heather Cusack
Environmental Technician
Re: Cingular Wireless/MGH Enterprises
Route 25, Orient
SCTM# 15-9-8
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
OCT - 6 2006
Please be advised that the above referenced proposal is located in the Trustees
jurisdiction. The proposed 100' monopole cellular communication tower with
antennas will require a permit from the Board of Trustee.
Please take into consideration the following concerns:
~1~ Distance of tower to the MItW. Setbacks for structures in the wetland code
are set at 50'.
2. Health and safety concerns.
3. Location of tower and equipment in relation to ramp and access to the water.
4. Migratory bird patterns.
5. Overall planning for the Town of location of towers.
6. View shed and visual analysis.
7. Coordination with review of LWRP.
OCT
- ~/JUO
MAIL TRANSMI-I-I-AL
TO:
ADDRESS:
ATTENTION:
FROM:
DATE:
RE:
PROJECT NO:
Town of Southhold Planning Board, Town Annex Building
54375 Main Road, Southold, New York I 197 I
Jerilyn B Woodhouse, Chairperson
Anthony Veraldi Jr.
September 2 I, 2006
Cingular Wireless @ Orient By The Sea - site no. NYCENY 1059
05-6478
ITEMS TO BE TRANSMITTED:
( I ) Signed and sealed Statement of Flood Zone Compliance
COMMENTS:
For your use and file
VIA: Ground
CC: Tony Ferraro
10-1 TECHNOLOGY DRIVE SETAUKET, NY 11733 VOICE: 631-689-8450 FAX: 631-689-8459 E-MAIL: mail~wfcaia.com
HAWKINS WEBB JAEGER ASSOC. P.L.L.C.
ENGINEERS · ARCHITECTS · SURVEYORS · PLANNERS
ESTAB. 1872
September 18th, 2006
Jerilyn B Woodhouse, Chairperson
Town of Southold Planning Board,
Town Annex Building,
54375 Main Road,
Southold, New York 11971
WILLIAM L. JAEGER II, P.E.~ L.S.
MATTHEW D. CRANE ES.
EDWARD MILLER AIA
FRANCIS A. HAWKINS 1913
HERMAN P. HAWKINS 1962
CHARLES S. ?[~¢~, JR LS
RE: Statement of flood zone compliance, proposed Cingular equipment platform at Orient
by the Sea, 40200 Main Road, Orient Point, New York. Suffolk County Tax Map # 1000-15-
9-8.1.
Dear Ms. Woodhouse and members of the Town of Southold Planning Board:
At the request of Plans Reviewer Bruno Semon I am making a statement of
compliance on the proposed equipment platform at the above location. As per the site plan
submitted by the applicant's (Cingular Wireless PCS, LLC, job # 24897, WFC # 05-6478,
drawing # SP-3 latest date 6/26/06) Architect, William F. Collins Architects, LLP, there is a
proposed equipment platform designed to serve a flagpole and antenna to be constructed 4
feet above grade in a location near Gardiner's Bay.
This proposed equipment platform is in a location where a recent survey by my firm
indicated existing, true elevations ranging from 8.5' to 9.2' in elevation. The Flood Insurance
Rate Map (Map # 36103C0088 G dated May 4th, 1998, panel 88 of 1026) indicates a flood
zone of VE (12). The proposed equipment platform will have an elevation of over 12', which
places it within compliance of the minimum elevation required for that flood zone
designation.
If you have any questions please feel free
.~ly yours,
att~ane, L.S.
(631) 732-7777 ext. 105,
3239 Route 112, BIdq. 8, Suite 1, Medford, New York 11763
PHONE (631) 732~7777 FAX (631) 732-7760
E-mail and Web Site www.hwiaeqer.com
A
o.,~.,~,.~.~u~.~ ~cingular
--~[--~7
(6)PR~OSED C~N~ M~NTEO / /
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
Telephone: 631 765-1938
Fax: 631 765-3136
Date: May 18, 2007
To: All Lead Agencies
From: Bruno Semon, Senior Site Plan Reviewer
Re: Unlisted action under NYSCRR Part 617 requirements.
Dear Reviewer:
The site plan is a pending a SEQRA determination after the visual test and picture simulation of
the new proposed location of the communication tower. Attached you will find a site plan, letter
and legal notice indicating the visual study will be done on May 29, 2007 from 9:00 am - 11:00
am. for the below referenced action:
Cingular Wireless / MGH Enterprises
Located at approximately s/s/o/New York State 25 in Orient
SCTM#(s) 1000-15-9-8 Zone: Mil
This site plan is for new construction of a 100' monopole cellular communication tower
with Cingular locating antennas at 97'-0" and 87'-0" internally mounted in the tower, the
site includes an existing boat marina and restaurant on 4.7 acres parcel in the Mil
Zoning District located at approximately 537' e/o Cedar Birch Lane on the s/s/o/New
York State 25 in Orient. SCTM#(s) 1000-15-9-8
Thank you in advance.
CC:
File, attachment and Maps are enclosed fo[your review
Southold Town Zoning Board of Appeals ,/
Southold Town Building Department
Southold Town Supervisor
Southold Town Board
Southold Town Board of Trustees
Southold Town Engineer
Suffolk County Department of Health Services
LWRP Mark Terry
NYSDEC - Stony Brook
New York State Department of Transportation
Suffolk County Water Authority
Suffolk County Planning Department
US Army Corps of Engineers
US Coast Guard
New York State Department of Parks
LEGAL NOTICE
ON MAY 29, 2007 A VISUAL STUDY WILL BE PERFORMED AT THE PREMISES,
40200 MAIN ROAD, ORIENT, NEW YORK, BETWEEN THE HOURS OF 9:00 A.M.
AND 11:00 A.M., IN CONNECTION WITH AN APPLICATION BY NEW CINGULAR
WIRELESS PCS, LLC, SEEKING MUNICIPAL APPROVAL FROM THE TOWN OF
SOUTHOLD FOR THE INSTALLATION OF A PUBLIC UTILITY WIRELESS
TELECOMMUNICATIONS FACILITY. AS PART OF THE VISUAL STUDY, A CRANE
WILL BE PLACED AT THE PREMISES TO AID IN ASSESSING THE VISUAL IMPACT
OF THE PROPOSED PUBLIC UTILITY WIRELESS TELECOMMUNICATIONS
FACILITY. IN CASE OF INCLEMENT WEATHER ON MAY 29, 2007, THE STUDY
WILL INSTEAD BE PERFORMED ON JUNE 5, 2007.
(5,6) 4s?-6539
MEADE, NIELSEN & RI~
(631) 425-4100
(631) 425-4104
May 14, 2007
VIA FIRST CLASS MAIL
Chairperson James Dinizio
and Members of the Town of Southold Zoning Board of Appeals
Town of Southold Zoning Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
RE: Visual Study Crane Test for Public Utility Wireless Telecommunications Facility
Proposed By New Cingular Wireless PCS, LLC ('Cingular')
Premises: Orient By the Sea Restaurant
40200 Main Road
Orient, New York
District 1000, Section 18.00, Block 05.00, Lot 013.008
Dear Chairperson Dinizio and Board Members:
As you know, we are the attorneys for Cingular in cormection with the captioned matter. As you also
know, Cingular has filed an application seeking municipal approval for the installation of a public
utility wireless telecommunications facility at the above-captioned premises. Enclosed herewith is the
legal notice concerning the visual study crane test for the proposed public utility wireless
telecommunications facility. Said notice shall be published in the May 17, 2007 edition of The Suffolk
Times, which we understand is the Town of Southold's official newspaper for legal notices.
Should you have any questions with regard to the foregoing, please do not hesitate to contact us.
Very truly yours,
MUNLEY, MEADE, NIELSEN & Rt~
Janine Marchese
/jm
Enclosure
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
August 28, 2006
Mark Terry, Senior Environmental Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: mBA File Ref. N~. 5939 (Cing. ular~Orient by the Sea)
Dear Mark:
We have received an application for a Special Exception to construct a "flagpole"
monopole at premises adjacent to Gardiners Bay, and shown on the enclosed site map. A
copy of the area map is also attached for your use and reference. May we ask for your
assistance in an evaluation and recommendations for this proposal.
Thank you for your assistance.
Very truly yours,
RUTH D. OLIVA
By:
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
MEMO
TO:
FROM:
DATE:
SUBJECT:
Planning Board
Attn: Jerilyn B. Woodhouse, Chair
James Dinizio, Jr., Chairman
Zoning Board of Appeals
July 13, 2007
SEQRA Coordination - Cingular Wireless/MGH (15-9-8)
As a follow-up to the October 11, 2006 ZBA letter requesting additional time to
review agency comments under SEQRA, this will confirm that the ZBA letter no
longer applies because all agency comments have been coordinated and received via
the Lead Agency.
Thank you.
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
MEMO
TO:
FROM:
DATE:
SUBJECT:
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net .........
TOWN OF SOUTHOLD
Plying Board
Attn: Jefil~ B. Woodhouse, Chair ~ ' ' ............ ,
Zoning Bo~d of Appeals, Ruth D. Oliva, Ch&i~oman '~ '~ ~--
October 1 I, 2006
PB Pending Reviews - Cingular Wireless/MGH Ente¢fises
Location: Orient By the Sea Restaurant Site (CTM 15-9-8)
Our Department has received word that the Planning Board as Lead Agency has
determined the above project in an Unlisted Action category, and that a declaration may
be adopted under SEQRA at the next Plmming Board meeting.
This will confirm that the Board of Appeals is requesting additional time under SEQRA -
for receipt and review of a LWRP determination as required under Chapter 268, and,
when issued and made a part of the agency files, to allow for follow-up review/comments
by the Board of Appeals, the Town's Environmental Consultant, and all interested
agencies under SEQRA, before a final declaration is adopted under SEQRA.
Thank you for your consideration.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MEMORANDUM
To:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Michael J. Verity, Chief Building Inspector
James Richter, Town Engineer
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
OCT 2- ~00~
Mark Terry, Local Water Revitalization Program Coordinator
Southoid Town Zoning Board of Appeals
From: Bruno Semon, Senior Site Plan Reviewer///~~''
Date: September 29, 2006
Re:
Cingular Wireless / MGH Enterprises
Located at approximately s/s/o New York State 25 in Orient
SCTM#(s) 1000-15-9-8 Zone: Mil
In reference to the above, attached you will find a letter received on September
25, 2006 from the engineer certification of flood compliance.
Please retain this for your file and review for comments or concerns.
This site plan is for new construction of a 100' monopole cellular communication
tower with Cingular locating antennas at 97'-0" and 87'-0" internally mounted in
the tower, the site includes an existing boat marina and restaurant on 4.7 acres
parcel in the Mil Zoning District located at approximately 537' e/o Cedar Birch
Lane on the s/s/o New York State 25 in Orient. SCTM#(s) 1000-15-9-8
Thank you in advance.
HAWKINS WEBB JAEGER ASSOC. P.L.L.C.
ESTAB. 1872
September 18th, 2006
ENGINEERS · ARCHITECTS · SURVEYORS · PLANNERS
Jerilyn B Woodhouse, Chairperson
Town of Southold Planning Board,
Town Annex Building,
54375 Main Road,
Southold, New York 11971
WILLIAM L, JAEGER I1~ P.E.~ L.S.
MATTHEW D. CRANE L.S.
EDWARD MILLER AIA
FRANCIS A, HAWKINS 1913
HERMAN P. HAWKINS 1962
CHARLES S,~JR. L.S.
St-7 ~: 5 ~Ou6 ~
RE: Statement of flood zone compliance, proposed Cingular equipment platform at Orient
by the Sea, 40200 Main Road, Orient Point, New York. Suffolk County Tax Map # 1000-15-
9-8.1.
Dear Ms. Woodhouse and members of the Town of Southold Planning Board:
At the request of Plans Reviewer Bruno Semon I am making a statement of
compliance on the proposed equipment platform at the above location. As per the site plan
submitted by the applicant's (Cingular Wireless PCS, LLC, job # 24897, WFC # 05-6478,
drawing # SP-3 latest date 6/26/06) Architect, William F. Collins Architects, LLP, there is a
proposed equipment platform designed to serve a flagpole and antenna to be constructed 4
feet above grade in a location near Gardiner's Bay.
This proposed equipment platform is in a location where a recent survey by my firm
indicated existing, true elevations ranging from 8.5' to 9.2' in elevation. The Flood Insurance
Rate Map (Map # 36103C0088 G dated May 4th, 1998, panel 88 of 1026) indicates a flood
zone of VE (12). The proposed equipment platform will have an elevation of over 12', which
places it within compliance of the minimum elevation required for that flood zone
designation.
If you have any questions please feel free
Matthew D. Crane, L.S.
(631) 732-7777 ext. 105,
3239 Route 1121 Bldq. 8, Suite 1, Medford, New York 11763
PHONE (631) 732-7777 FAX (631) 732-7760
E~mail and Web Site www.hwiaeqer corn
JERILYN B. WOODHOUSE
~9)C~ Chair
GEORGE D. SOLOMON
JOSEPH L. TO.SEND
September 12, 2006
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
Re: Lead Agency Coordination Request
Dear Reviewer:
The purpose of this request is to determine under Article 8 (State Environmental Quality
Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617
the following:
1. Your jurisdiction in the action described below;
2. Your interest in assuming the responsibilities of lead agency; and
3. Issues of concern which you believe should be evaluated.
Enclosed please find a copy of the proposal and a completed Environmental
Assessment Form (EAF) to assist you in your response.
Project Name: Cingular Wireless / MGH Enterprises
Located at approximately 537' e/o Cedar Birch Lane on the s/s/o New
York State 25 in Orient
SCTM #: 1000-15-9-8
Zone Marine II (Mil)
Requested Action: The proposed action involves a site plan for site plan for new
construction of a 100' monopole cellular communication tower with Cingular locating
antennas at 97'-0" and 87'-0" internally mounted in the tower, the site includes an
existing boat marina and restaurant on 4.7 acres parcel in the Mil Zoning District.
Under Town Code the application requires a special exception approval from the
Southold Town Zoning Board of Appeals.
SEQRA Classification: ( ) Type I
( x ) Unlisted
Contact Person:
Bruno Semon, Senior Site Plan Reviewer
(631) 765-1938, X 229
Lead Agency Coordination Request
Cingular Wireless / MGH Enterprises
September 12, 2006
Page Two
The lead agency will determine the need for an environmental impact statement (ELS)
on this project. Within thirty (30) days of the date of this letter, please respond in writing
whether or not you have an interest in being lead agency.
Planning Board Position:
x ) This agency wishes to assume lead agency status for this action.
) This agency has no objection to your agency assuming lead agency
status for this action.
) Other (see comments below)
Comments:
Enclosed is the Full Environmental Assessment Form part 1.
Please feel free to contact this office for further information.
Very truly yours,
Chairperson
CC:
Southold Town Zoning Board of Appeals
Southold Town Building Department
Southold Town
Southold Town
Southold Town
Supervisor
Board
Board of Trustees
Southold Town Engineer
Suffolk County Department of Health Services
LWRP Mark Terry
NYSDEC - Stony Brook
New York State Department of Transportation
Suffolk County Water Authority
Suffolk County Planning Department
US Army Corps of Engineers
US Coast Guard
New York State Department of Parks
MARTIN H. sIDeR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southotd, NY
Telephone: 631 765-1938
Fax: 631 765-3136
July 10, 2007
Mr. Lawrence C. R~
Munley, Meade, Nielson & R~
36 North New York Avenue
Huntington, NY 11~_~Z¢3 ~
~,..J.~n~0 approximately 537 e/o Cedar Birch Lane, on the s/s/o New York State
Route 25, in Orient
SCTM#1000-15-9-8 Zone Marine II (M-II)
Dear Mr. R6:
The following resolution was adopted at a meeting of the Southold Town Planning
Board on Monday, July 9, 2007:
WHEREAS, the applicant proposes a site plan for new construction of a 100' monopole
cellular communication tower with Cingular locating antennae at 97'-0" and 87'-0"
internally mounted in the tower. The site includes an existing boat marina and
restaurant on a 4.7-acre parcel in the Mil Zoning District located approximately 537' e/o
Cedar Birch Lane, on the s/s/o/New York State Route 25, in Orient. SCTM#1000-15-9-
8; and
WHEREAS, on May 11,2006, the Southold Town Building Department issued a Notice
of Disapproval indicating the proposed construction "requires special exception from the
Southold Town Zoning Board of Appeals and site plan approval from the Southold Town
Planning Board"; and
WHEREAS, on July 7, 2006, a formal site plan application was submitted for approval;
and
WHEREAS, on August 3, 2006, the Architectural Review Committee reviewed the architectural
drawings and associated site plan materials and approved the flagpole with the following
conditions of "gold globe and red beacon light atop pole" and the Planning Board accepted the
comments for the file pending further review and final approval; and
Cingular Wireless/MGH Enterprises Page Two
July 10, 2007
WHEREAS, on August 23, 2006, the New York State Department of Transportation
responded by letter with "The scope of the work involved at this location will not have a
significant impact on the State Highway System". They also notified us that a Highway
Work Permit will be required "if any utility connections, work or vehicle staging will
occur" and assigned a Case No. 06-285P and the Planning Board will notify the
applicant's agent of the requirements; and
WHEREAS, on September 12, 2006, the Southold Town Planning Board, pursuant to
Part 617, Article 6 of the Environmental Conservation Law acting under the State
Environmental Quality Review Act, initiated the SEQR lead agency coordination
process for this Unlisted Action; and
WHEREAS, on September 18, 2006, Matthew D. Crane, L.S., of Hawkins, Webb & Jaeger
Associates, P.L.L.C., submitted a certification letter indicating construction of the equipment
platform will be elevated to 12' and complies with the flood zone designation and the Planning
Board accepted this for the file and further compliance review from the Building Department;
and
WHEREAS, on September 19, 2006, the Suffolk County Department of Planning responded
after review and determined this matter is for "local determination as there appears to be no
significant county-wide or inter-community impact(s)" and the Planning Board accepted this
pursuant to 239 L & M General Municipal Law; and
WHEREAS, on October 2, 2006, Matthew D. Crane, L.S., of Hawkins Webb & Jaeger
Associates, P.L.L.C. submitted a second original certification letter indicating construction of
the equipment platform will be elevated to 12' and complies with the flood zone designation
and the Planning Board accepted this for the file and further compliance review from the
Building Department; and
WHEREAS, on October 2, 2006, Heather Cusack, Environmental Technician, submitted a
memo on Town Trustees letterhead indicating "The proposed 100' monopole cellular
communication tower with antennae will require a permit from the Board of Trustees" and
seven (7) additional concerns; the Planning Board asked that this be filed for the record; and
WHEREAS, on October 5, 2006, the Orient Fire District responded by letter after review for fire
access and the Southold Town Planning Board accepted the following recommendations:
· "Request emergency vehicle access be maintained at least (15) feet in width and at
least (15) feet in height, subject to approval by the Fire Inspector, as stated in the
Southold Town Code Section 100-235 Access Requirements.
· Request the applicant, New Cingular Wireless PCS, LLC, if they would consider locating
fire emergency communications antennae for the Orient Fire District on the tower if it is
needed to provide additional coverage for Orient "; and
WHEREAS, on October 11, 2006, the Southold Town Zoning Board of Appeals responded with
a memo "requesting additional time under SEQRA for receipt and review of an LWRP
determination as required under Chapter 268, and, when issued and made a part of the
Cingular Wireless/MGH Enterprises Page Three
July 10, 2007
agency files, to allow follow-up review/comments" and the Southold Town Planning Board
accepted this request and allocated additional time before issuing the SEQRA determination;
and
WHEREAS, on October 11, 2006, the Suffolk County Department of Planning indicated the
"Suffolk County Planning Commission is an interested agency and hence has no objection to
the Town of Southold assuming lead agency" and the Planning Board accepted this
recommendation; and
WHEREAS, on October 17, 2006, the NYS Department of Environmental Conservation
responded by letter that "This Department has no objection to the Town of Southold Planning
Board Office assuming lead agency for this action" and the Planning Board accepted this
recommendation; and
WHEREAS, on October 19, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re' submitted
for review the requested "photos of the premises taken from Gardiner's Bay, thereby providing
a southerly view of the proposed area of construction" and the Southold Town Planning Board
accepted them for the file record; and
WHEREAS, on October 23, 2006, the Southold Town Planning Board held a Work Session to
review the Planning Department file and requested that the southerly view of the construction
site photos have the proposed tower superimposed and the agent was verbally notified on
October 27, 2006; and
WHEREAS, on October 30, 2006, Mark Terry, the Southold Town LWRP Coordinator/Senior
Environmental Planner, reviewed the proposed action and his determination that "the proposed
action is iNCONSISTENT with the following standards and therefore INCONSISTENT with the
LWRP"; the report notes three policies and the Southold Town Planning Board approved of
Staff sending the report to the agent for review and mitigation of the polices noted; and
WHEREAS, on November 22, 2006, Planning Staff sent a letter including the LWRP
Coordinators report to Lawrence C. Re', of Munley, Meade, Nielsen & Re', for review; and
WHEREAS, on November 28, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re',
submitted a revised site plan to comply with the LWRP report, dated October 30, 2006, for
review and elevation drawings depicting the new location of the proposed flagpole/monopole
and the Southold Town Planning Board accepted the proposed plans with the request that
various distance dimensions be added to the revised site plan from the boat ramp, bulkheads
and wetlands, additionally requesting revised photo simulations of the new proposed tower
location prior to a SEQRA determination; and
WHEREAS, on November 29, 2006, the Southold Town Engineer reviewed the site plan
materials and issued comments and the Planning Board accepted the three (3) comments and
requested that the comments be forwarded to the applicant for review; and
WHEREAS, on December 4, 2006, the Southold Town Planning Board held a Work Session to
review the Planning Department file and requested various additional information from Ryan
Dassau; and
Cin.qular Wireless/MGH Enterprises Pa.qe Four
July 10, 2007
WHEREAS, on December 8, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted
for review, in response to the Planning Board request, the following: inventory and
corresponding map of existing Cingular sites, search ring and propagation maps and revised
site plans depicting additional setbacks and the Southold Town Planning Board accepted them
for the file record; and
WHEREAS, on December 18, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re',
submitted 2 copies of the Visual Study prepared by Creative Visual, Inc., dated July 19, 2006,
of the proposed action and the Planning Board reviewed the information and requested that a
new Visual Study be completed for the new proposed location; and
WHEREAS, on December 18, 2006, the NYS DEC issued a permit for the proposed
construction under Article 25 Tidal Wetlands Permit Number 1-4738-00898/00018 and the
Southold Town Planning Board accepted this approval with one correction that the applicant
amends the permit to include the new proposed location of the tower; and
WHEREAS, on December 21, 2006, the Southold Town Planning Board referred under
SEQRA all file information which included the following: revised site plan, Visual Study, Town
Engineers comments and LWRP comments to all coordinated agencies; and
WHEREAS, on December 29, 2006, the Suffolk County Department of Planning responded
that the "Suffolk County Planning Commission has no objection to the Town of Southold
assuming lead agency" and the Planning Board accepted this recommendation; and
WHEREAS, on February 12, 2007, the NYS Office of Parks responded by letter indicating "this
agency has no objection to the Town of Southold Planning Office assuming lead agency",
additionally noting "It appears that the Visual Analysis was prepared prior to a shift in project
location" and the Planning Board accepted this recommendation; and
WHEREAS, on May 14, 2007, Ryan Dassau of Munley, Meade, Nielsen & Re', notified the
Town that the next Visual Study was scheduled for May 29, 2007 at 11:00 a.m. and the
Planning Board will refer this information to all agencies; and
WHEREAS, on May 18, 2007, the Southold Town Planning Board referred under SEQRA the
scheduled Visual Study date to all coordinated agencies; and
WHEREAS, on June 14, 2007, the Southold Town Planning Department received the Visual
Analysis prepared by Creative Visual, Inc., dated June 2007, and the Southold Town Planning
Board reviewed the information at the Work Session on June 25, 2007 and requested it be
tabled until the next Work Session; and
WHEREAS, on July 2, 2007, the Southold Town Planning Board, at the Work Session,
reviewed the site plan file information and requested that the visual be forwarded to the NYS
Office of Parks for review and comments; and
WHEREAS, on July 2, 2007, the Southold Town Planning Board held a Work Session
and agrees that the proposed action pursuant to 6 NYCRR Part 617, Section under
Cinqu ar W reless/MGH Enterprises Pa.qe Five
July 10, 2007
617.7 c (vi) creates a material conflict with a community's current plans or goals as
officially approved or adopted by Southold Town under Town Regulations. This project
will require Town Zoning Board of Appeals variance relief along with special exception
permission and requires Town Trustees approval for wetlands jurisdiction; and
WHEREAS, on July 3, 2007, the Southold Town Trustees responded that they are "currently
reviewing the proposed 100' monopole cellular communications tower with antennae. The
Planning Board will receive a copy of our decision once made. The Board of Trustees reserves
the right to make any additional comments regarding this application" and the Planning Board
will condition the determination on the proposed construction in the wetland jurisdiction; and
WHEREAS, on July 6, 2007, Thomas B. Lyons of the NYS Office of Parks responded by letter
with comments and indicated "This agency thus has no objection to the project as proposed,
including lighting to serve as a nautical marker of Orient Point" and the Planning Board accepts
this recommendation; therefore, be it
RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7
Part d, establishes itself as lead agency for the Unlisted Action and, as lead agency,
grants a Conditional Negative Declaration for the proposed action.
Enclosed for your records is a copy of the Conditional Negative Declaration.
If you have any questions regarding the above, please contact this office.
Very truly yours,
dhouse
Chairperson
Eric,
cc: Southold Town Zoning Board of Appeals
Southold Town Building Department
Southold Town Supervisor
Southold Town Board
Southold Town Board of Trustees
Southold Town Engineer
Suffolk County Department of Health Services
Mark Terry, LWRP Coordinator
NYSDEC - Stony Brook
NYS Department of Transportation
Suffolk County Water Authority
Suffolk County Planning Department
US Army Corps of Engineers
US Coast Guard
NYS Department of Parks/Pamela Otis
August 24, 2006
VIA UPS
Ms. Linda Kowalski
Town of Southold Zoning Board of Appeals
Town Annex Building (North Fork Bank)
54375 Main Road
Southold, NY 11971
RE: Application of New Cingular Wireless PCS, LLC
For Special Exception and Variance Approval
Proposed Wireless Telecommunications Facility
Premises: 40200 Main Road (Route 25)
Orient, New York
SCTM#: 1000-15-9-8.1
Dear Ms. Kowalski:
Pursuant to your request of today, we enclose herewith two (2) copies of the LWRP
Consistency Assessment Form prepared by Girmy Watral, Vice President Planning,
Freudenthal & Elkowitz, for the captioned matter.
Very truly yours,
MUNLEY, MEADE, NIELSEN & RI~
By: Dor'othy Be2a d
Dorothy Belard, Paralegal
/db
Enclosures
~,~'0~0 PLANNING BOARD MEMBE/~
~J~ JERILYN B. WOODHOUSE
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
Date: July 24, 2006
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
·
MEMORANDUM ~)
To: Southold Town Zoning Board of Appeals
Southold Town Clerk for Southold Town Board
Scott Russell, Southold Town Supervisor
Southold Town Board of Trustees
Suffolk County Department of Health Services
NYSDEC - Stony Brook
Suffolk County Water Authority
Suffolk County Planning Department
* New York State Department of Transportation
* Architectural Review Committee
- ~._~
From: Bruno Semon, Senior Site Plan Reviewer~)
Re: Agency Referral requests required under Southold Town Code Article XXV
100-254 Review Procedure part C the Planning Board refers this site plan for concerns,
comments and Jurisdiction requirements if applicable.
Dear Reviewer:
The site plan status is a New Active Site Plan. Below is site plan application information
pertaining to the listed project:
Cingular Wireless / MGH Enterprises
Located at approximately sis/o/New York State 25 in Orient
SCTM#(s) 1000-15-9-8 Zone: Mil
This site plan is for new construction of a 100' monopole cellular communication
tower with Cingular locating antennas at 97'-0" and 87'-0" internally mounted in
the tower, the site includes an existing boat marina and restaurant on 4.7 acres
parcel in the Mil Zoning District located at approximately 537' e/o Cedar Birch
Lane on the s/s/o/New York State 25 in Orient. SCTM#(s) 1000-15-9-8
Attached is a copy of the site plan application for your review.
Thank you in advance.
cc: File, attachment, *Maps are enclosed for your review
TOWN{ SOUTHOLD p~~~~,.~ .I
SITE .PLAN APP~~~ ..,~!~/~~
· d ·
Other SCTM #s:
Street Address: 40200 Main Road (a/k/a S.R. 25) Hamlet: Orient
Distance to nearest intersection: 400 feet east of Cedar Beach Road
Type of Site Plan: X New Amended Residential
If Amended, last approval date: __/ /
SECTION B: Owners/Agent Contact Information
Please list name, mailing address, and £hone number for the people below:
Property Owner
Street
City
Home Telephone
MGH Enterprises, Inc.
P.O. Box 333
Orient
State NY
Other
Zip 11957
Applicant
Street
City
Home Telephone
New Cinqular Wireless PCS, LLC
333 Crossways Park Drive
Woodburv State NY ~Zip
Other Business:
11797
516-677-6503
Applicant's Agent or Representative: (Attorney for Applicant)
Lawrence C. Re'
ContactPerson(s)*_ Munloy: Moado: NTml~on &
Street
36 North New York Avenue
City Huntington State NY Zip 11743
Office Telephone 631-425-4100 Other Fax: 631-425-4104
*Unless otherwiserequested, co~espondence willbesentonlytothe contactperson noted here.
Page 1 of 2
10/05/05
SECTION C: Site Data
Proposed construction type: × New
Property total acreage or square footage:
Modification of Existing Structure Agricultural
Change of use
4.55 ac./~q{x~.
Site Plan build-out acreage or square footage: q00 5h~t. ac./sq, ft.
Is there an existing or proposed Sale of Development Rights on the property? Yes No X
Ifyes, explain:
Property Zoning District(s): MI I - Marine I I
Building Department Notice of Disapproval Date: / /
Is an application to the Southold Town Zoning Board of Appeals required? Yes
If yes, have you submitted an application to the ZBA? Yes No
If yes, attach a copy of the application packet.
No
Show all uses proposed and existing. Indicate which building will have which use. If more then one use is
proposed per building, indicate square footage of floor area per use.
List all existing property uses: Restaurant and Marina
List all proposed property uses:. Public Utility Wireless Telecommunications Facility
Other accessoryuses: Fxisting storage building
Existing lot coverage:_ I,~ % Proposedlot coverage:, tO. ~ %
Equipment Platforn
Gross floor area of existing structure(s): 3.450 SFsq. ft. Gross floor area of proposed structure(s): 300 _+ SF
Parking Space Data:
# of existing spaces:
# of proposed spaces: _ 0 Loading Berth: Yes No ~
Landscaping Details:
Existing landscape coverage:
% Proposed landscape coverage:_ .2 _%
Waterfront Data:
Is this property within 500" of a wetland area? Yes No ~. If yes explain:
I, the undersigned, certify that all,the above information is true.
New Cing~ss PCS, LLC
Signature ofPreparer~-~ ~ ~ Date:
3ol~hI S~d'e;c ~, ~, -r, ~
10/05/05 Sy~ Development Man~g~e Z OI Z
- APPF. ALS BOARDMEMBERS
Gerard P. G0ehringer, Chairman
James Dinizio, Sr.
Lydia A. Tortora
Lora S. Col/ins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town HaH
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 18,~ 2001
Appl. NO. ~'~ ORIENT~:I~Y ~E.,SEA, MARINA/MGH ENTERPRISES (HAAS)'
Parcel. Ig~ti~n~:-'S~0uth:~Ji~e ~'Main R(~ad (S~R. 25)~, Orient ".PARCEL 1000~15-9-8.1
Date~0f Publi~ H~aring: Jaridary ~ 2001.
FINDINGS OF FACT
PROPERTY FACTS: A site plan prepared by Architechnologies, dated October 19, 2000,
~h(~Ws~!th~$fibjeCt. pr~Pe'.Ay t0 be a. parcel.'of 4~55 acres lying between Main Road and
Gardiner's'Bay in Ori~ilt: It iS improved with a restaurant and a marina for commercial and
recreational fishing boats.
BASIS OF APPEAL: Building Inspector's Notice of. Disapproval, dated November 21, 2000,
denyin.gr a 17e~-mit to ¢~nstruct an accessory building because it would be 3 feet from the
prePer~] linewhereas Code section 121c(1) requires a minimum setback of 20 feet.
RELIEF RE~LtES~ED:. Applicant requests a variance authorizing the location of the
accessOrY lfiallding as I~ropOsed~ with a 3-foot setback from the westerly lot line.
REASONS FOR ~BOARD .ACTION, DESCRIBED BE.LOW: On the basis of testimony
presented, materials subrflitted;aad personal inspection, the Board makes the following
findings:
(1) APplicant wants t~. provide adequate restrooms for marina patrons, as well as
some cold storage for Parr°ils' fish and ordinary, storage space for his business. He
proposes to build a 20 x 40-foot structure ~ontaining these facilities.
(2) The property 'is deep from Main Road to the Bay, but narrow, and the entire center
is a boat basin. The relatively narrow strip of land between the westedy lot line'and the boat
basin is paved and provides vehicular access with parking spaces abutting the westerly lot
line. The rational location for the proposed building is on this paved Strip. Although there
is open land near Gardirier's Bay, that would be a very inconvenient location for the
proposed building.
(3) In order to minimize interference with vehicular traffic moving through the
property arid using the parking spots on the westerly edge of the property, applicant wants
to place the proposed building only 3 f~et from the westerly lot line. The Board believes
this location is. desirable for vehicular and pedestrian safety. Since the land to the west is
open parkland owned by New York State, construction in the proposed location will not
produce an undesirable change in the character of the neighborhood or detriment to nearby
properties.
~Page 2 -January 18, 20 ~
AppL NO. 4905 - Orient by the ~a Madna
1000-15-9-8.1 at Orient
(4). There is ne 'ev~den~e:'.that gmr~t.of ,the .reo~uested:~vafiance HI have an adverse
effect or impact on physical or envir°~mentai c0nditi~S~ :~ ' '
(5) The action set forth below is the minimum necessary and adequate to enable
applicant to provide adequate restroom and storage facilities in a rational location While
preserving and protecting the character of the neighborhood and the health, safety and
welfare of the community.
RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was
RESOLVED, to GRANT the requested variance subject to the CONDITION that the
accessory structure shall at no time be used as sleeping or living quarters,
Vote of the Board: AYES: Members Goehringer, Dinizio, Tortora, Collins: (Member Horning
of Fishere Island was absent.) This Resolution was duly adopted(4-0).
ISLAqU
015
50~D