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HomeMy WebLinkAbout1000-108.-4-11.3 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Bo~ Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO TO: FROM: DATE: SUBJECT: Planning Board Leslie K. Weisman, ZBA Chairperson ~3G August 16, 2011 : Request for Comments ZBA #6507 - METRO PCS New As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX # / ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED METRO PCS 108-4- #6507 7-12-11 280-70(J) 8/12/11 MTM Design NEW YORK, 11.3 Group LLC Architecture Engineering, Luis Moglino, RA Your comments are appreciated by September 19, 2011. Thank you. Encls. TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 12, 2011 TO: / Rej Nielsen, Huber & Coughlin LLC for Metro PCS New York, LLC 36 North New York Avenue Huntington, New York 11743 Please take notice that your application dated July 7, 2011 For permit for extension of& co-location on an existing wireless comm. tower & related equipment Location of property: 415 Main Road, Mattituck, NY County Tax Map No. 1000 - Section 108 Block 4 Lot 11.3 Is returned herewith and disapproved on the following grounds: The proposed co-location in the LB Distdct is not permitted pursuant to Article XVll Section 280~70(J), which states: antenna support structures permitted in LB zoning Districts, are subject to the following conditions: (2) Maximum height 45'. The proposed height is indicated as 120'. Per ZBA Decision #4862, height was granted at 110'. (6) Minimum distance of all wireless equipment to adjacent residential property lines or Street shall be not less than 500 ft. The site plan indicates all minimum distances to all four lot lines are not met. The proposed construction requires Planning Board site plan review & special exception approval per Section 280-71B & C and Section 280-72 & 73 of the Town Code. Author/zed~Signature CC: file, ZBA, Planning Board Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Or,ce Notes: APPLICATION TO Ttt~ SO~u'rflOLD TOWN BOARD OF APPEALS ~or O~w ~ O~ hte Asdsned/Asdsnment No. ihsmseNo. 415 Street gl~jtth'sLane Hamlet Matfituck SL-rMl000Sectfon 108 Block 4 Lot(s). ]1.3 LotSJze80,494.15~.R. Zone Limited Busincn (LB) 1 (WE) APPEAL TgF. Wl~t'tTl~[ DETERMINATION OF THE BU1LniNG INSPECTOR DATED -~ulyt2,2011 BASED ON M_AP DATED Ma¥17,20~ AppHcunt(s)/~: MetroPCS New York, Lt.C MnilingAddresl: 5 Sk~l~n,~ Drive. H~vthome, NY 10532 Telephone: 914-593-8500 Fax #: Emall: vend#, etc. and name of person who ngeat roprssents: NameofRepresentatfve:Re~Nielsan, Huber&C°ugldln,LLP for( )Owner, or (X)Other: Applic~t Agent's Address: 36 NotCh New York Avenuef Hunfin~o% New Yotic 11743 Telephone 631-~25-4100 Fnv#: 631-425=4104 EmMI: JcooohllnQmhcbw.com D Applicant/Owner(s), or IaAuthorlzed Representative, or r~ Other Name/Address below: ~VNEREBY THE ]BU~I.r01NG INSPECTOR RE~D MAP DATED Mn). 17, 2011 AN APPLICATION DATED Jul), 7t2011 FOR: na Building Permit [] Certificate of Occupancy [] Pre=Certificate of Occupancy ~ Change of Use K] Permit for As-Built Comtruetton [3Other: and DENIED PcuvbJon of the Zoning Ordinance AppeaJed. (Indicate Article, Seetfon, Subsection of Zoning Ordinance by nmbers. Do not quote the eode.) Article XVll Section 280- 70 Subsection (J~2) and (6) Type of Appeal. An Appeal Is made for: ~ A Variance to the Zoning Code or Zoning Map. I~ A Variance dno to lack of accen required by New York Town Low-Section 280-A. [] InterpFetaflon of the Town Code, Article Seeflon [] ReveFsal or Other A Prior appeal ~ has, 0 hse not been made at nv time with remeet to this Drouertv UNDER Appeal No. 3801 y~r 1989* . (P/a~ b~ ~ W res~'ch b~om cos~oletbr this qaesgion or call oar o~ce for assistance) *Appeal No. 4022 - 1992; Appel No. 4023 - 1992; Appeal No. 4862 - 2000; and Appel No. 4573 - WITHDRAWN Name of Owner: ZBA FHe # REASONS FOR ~ f~ ~ ~ ~ ~ ~ ~,~ ~m~)~ ~ ~CE~O~: (1) ~ und~able ch~ge ~ not ~ ~du~ h the ~'I'ER of ~e n~h~ or a de. mt ~ he.by pro~ g~n~, ~use: S~ A~ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, otheF than an nren variance, because: See Attached (3) The amount of Felief requested h not substantinl because: See Attsched (4) The variance will NOT hove an adveFse effect or impact on the physical or environmentnl conditions in the neighborhood or disiflct because: See Attached (S) Has the nlleged difficulty been self-crented? ( )Yes, or C~No. Are there Covenants and Restrictions concerning thb land: D No. R Yes f~ ;b~ ~. This is the MINIMUM that b necessary and adequate, and at the same time pFeserve and protect the charaetor of the neighborhood and the health, safety, nnd welfare of the community. Town of Southold Zoning Board of Appeals Application MetroPCS New York, LLC ('MetroPCS') Premises: 415 Elij ah's Lane, Mattituck, NY SCTM# 1000 - 108 - 4 - 11.3 Reasons for Appeal: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties if granted, because: There is an existing 108+/- foot tall monopole at the premises. The monopole contains public utility wireless telecommunications antennas affixed thereto. Related equipment is located on the ground adjacent to the existing monopole. The proposal seeks only a 10-foot extension to the existing monopole to provide public utility wireless telecommunications services to MetroPCS users and to add its own equipment at grade. Accordingly, the applicant submits that no undesirable change will be produced in the area as this is only a minor addition to an existing use and structure. Furthermore, the applicant submits that it has chosen the least intrusive means possible to address its service deficiency issues in the vicinity of the subject site. 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: The applicant has a substantial service gap in the area that cannot be achieved by some other feasible means because its antennas must be affixed at least as high as proposed in order to ensure that reliable service can be afforded to MetroPCS users in the vicinity of the site. 3. The amount of relief requested is not substantial because: As noted above, the proposal seeks only a 10-foot extension to an existing 108+/- foot tall monopole and the addition of supporting equipment at the premises. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed facility would be unoccupied and would not result in an assembly of persons or excessive traffic. Operation of the proposed facility would not result in disturbance to nearby residential dwellings by reason of lights or vibration. Finally, as the applicant is a public utility under applicable case law (Cellular Telephone Company v. Rosenberg, 82 N.Y.2d 364, 624 N.E.2d 990, 604 N.Y.S.2d 895 and its progeny) it must only demonstrate that there is a need for the proposed facility and that the proposed facility is a more feasible means of providing reliable service than other options. The applicant submits that there is a substantial need for the facility and that this minor extension and addition of equipment is a more feasible means to serve this need than other options. Southold Town Board of Appeals MAIN Ft0AO- BTATE: ROAD 25 SOUTHOLO, L,I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. · SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS App1. No. 3801: Matter of WILLIAM BA'&T,'~R., JR. for a Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B(1) for permission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-~lght Industrial" Zone District. Location of Property: North Side of Main Road and the West Side of EliJah~s Lane, Mattituck, NY~ County Tex Map District 1000, Section 108, Block 4, ~ot 10. At a Meeting of the Zoning Board of Appeals held on January 12, 1989, the following action was taken= WHEREAS, a public hearing was held on January 12, 1989, under File No. 3801, ~lled November 14, 1988~ and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation s-h~itted concerr~Lng this application~ and WHEP~AS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas~ and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant recluests a Special · xception pursuant to the requirements of Article VIII, Section 100-80(B) for permission to assemble and ma~uEacture classic cars in the existing building, all as shown on the Map prepared by Young & Young, L.S. revised October 12, 1988, under consideration. P~ge 2 - Appl. No. ~)1 Matter of WILLIAM BAXTER, JR. Decision Rendered January 12, 1989 2. The property in question= (a) is located in the "C-Light Industrial" Zone District; (b) will contain an area of 1.7748 acres (or 77,312 square feet), and more particularly referred to as pr~pose~ "Lot No. 1" on the "Map of Alteration of Boundary Lines" and/or Minor Subdivision~ (c) is improved with a 79.4 ft. by 119.9 ft. one-story concrete-block building, set back 67.9 feet from the easterly {front} property line along EliJah's Lane and 102.1 feet from the southerly {front} property line along the Main Road, at its closest points. (d) is identified on the Suffolk County Tax Maps as District 1000, Section 108, Block 4, part of Lot No. 10. 3. For the record it is noted that con~unications have been made a Dart of the record from Assistant Town Attorney Robert H. Berntsson dated November 4, 1988, from William J. Baxter dated November 2, 1988, from the Planning Board date~ December 6, 1988 and from Wickham, Wickham & Bressler, P.C. dated November 17, 1988. 4. It is also noted for the record that applications are pending with the Southold Town Planning Board at this time not only for site plan approval but also for an "Alteration of Lot Lines in a three-lot Minor Subdivision." The parcel under consideration by this Board for a Special Exception use is referred to as Lot No. 1 on the pending Minor Subdivision Map proposal. 5. In considering this application, the Board has= (a) considered items {a} through {1} of the zoning code~ (b) deter~ned the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the tovnt will not be adversely affected by the proposed use and its location~ (d) determined that the use is in harmony with and will promote the general purposes an~ intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code, subject to actions by the Planning Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was Page 3 - ADp1. No. Matter of WILLIAM BAXTER, JR. Decision Rendered January 12, 1989 RESOLVED, to GI~KNT a Special Exception as applied and referenced above, in the Matter of the Application of WILLIAM J. BAATmK, JR. under File No. 3801, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No outside storage (as regulated by Section 100-62 of the Zoning Cede)~ 2. Actions by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were~ Member Sawicki {out-of-state} and Member Doyen of Fishers Island {due to poor flying conditions}). This resolution was duly adopted. ~-~CEIVED AND FILED BY TI~ SOU~iOLD TOV~I CLERX DATE I /~'tI~ HOUR Tovrn C!-,I~: Tow"~ of Southotd___ lk GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dioizio, Jr. Robert A. Villa Telephone (516) 765-1809 Appl. No. 4022SE. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCO/T L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-BIB(l), and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Westerly side of Elijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map 8937; Parcel 91000-108-4-11.1 (part of 11). WHEREAS, action was taken, after proper notice and public hearing, by the Board of Appeals on July 25, 1991 denying the applicant's request for a Special Exception under the "publi~ right-of-way" provision of the residential zone district, and due to impropriety of the selection of the zone district as it relates to residential uses; WHEREAS, an Article 78 proceeding was commenced seeking to reverse and annul the Board's denial of the Special Exception; and on May 28, 1992, a true copy of the court judgment decided by Justice Robert W. Doyle reversing the Board's decision was delivered; and WHEREAS, the time for the Town to appeal this Court decision, as requested, has passed; and WHEREAS, the public utility installations are essential for providing services to the public interest devoting its property and its right-of-way to such public use and service and stands ready to serve all the public; WHEREAS, the public utility company has guaranteed the Town and the unrestricted public of its telecommunications services to the public, NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for telecommunication use for utility services directly for public use, as applied under Appl. No. 4022, and re-confirmed at the Board's July 29, 1992 meeting, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: ~age 2 - Appl. No. 4022 ~- ~Cellular Telephone (Metro One) - August 18, 1992 i. The height of the proposed accessory monopole radio tower shall not exceed 100 feet, as requested; 2. The fall-down radius of the tower shall be as submitted, with the following setback distances= a) 95 feet from the proposed tower to the northerly property line; b) 70 feet+- from the proposed tower to the southerly property line; c) 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as the Planning Board under the site plan regulations, in order to re-consider all zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near 'the top of the tower for aircraft safety purposes; and 7. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; 8. Written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the .Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and ~age 3 ~Appl. No. 4022 - Cellular Telephone (Metro One) Decision Rendered August 18, 1992 Villa. (Member Dinizio abstained.) This resolution was duly adopted with a quorum vote of the Board. ' lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4023. CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Mattituck, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. WHEREAS, a public hearing was held on July 29, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application for an Interpretation as authorized by Section 100-271(d){1} of the zoning code appealing the March 14, 1991 Notice of Disapproval issued by the Building Inspector which states as follows: "...PLEASE TAKE NOTICE that your application dated March 14, 1991 for permit to construct radio tower and structure ... is returned herewith and disapproved on the following grounds: Article VII, Section 100-81B site plan approval required by Planning Board & Special Exception required by Zoning Board of Appeals, Pa~e.2 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Section 100-230 on height exceptions may require interpretation by Zoning Board Of Appeals .... " 2. Proposed in this project is the placement of an accessory telecommunications (radio transmission) tower in the rear yard area at premises known as 415 Elijah's Lane, Mattituck, identified on the Suffolk County Tax Maps as District 1000, Section 108, Block 4, Lot #11.3 consisting of 1.85 acres. 3. The subject premises is owned by William Baxter, Jr. and others, and the applicant is the tenant, Cellular Telephone Company, a New York General Partnership (d/b/a Metro One). 4. The use of the proposed accessory tower and the rear concrete building for public telecommunications purposes has also been conditionally approved by Special Exception Appl. No. 4022, and the following information is noted for the record: (a) Cellular One is a public utility under the Laws of the State of New York and holds a franchise from the Federal Communications Commission to serve the public within the Town of Southold; (b) Cellular One's FCC Franchise requires that Cellular One provide cellular telephone service within the geographic boundaries of the Town of Southold, providing a quality service consistent with the requirements of the Public Service Commission; (c) Cellular Telephone Co. will conduct mobile communications by radio consisting of mobile units either mounted in vehicles or hand-carried sending to and receiving signals from fixed base sites. Different frequencies are set between cells, and good overlap between cells will permit a better grade of service. Movement to outside of the range of the cell, would cause weaker coverage, and when a cell ks missing, coverage is not uniform and service can drop. (See the sworn affidavit of Scott Fox, Director of Engineering for the applicant/company dated July 29, 1992 in which the steps in determining the necessary height of the antenna for a cell site are provided in detail); 5. The structure which is the subject of this application is a 100 ft. high pole-type structure (96 ft. pole plus attached four-ft, high, 12-ft. wide antenna at the top) as shown on the construction diagram prepared by Juengert/Grutzmacher Architects, submitted July 27, 1992. This structure is free-standing (separate and .detached from.any other buildings). 'pa~e 3 - Appl. No. 4023 Decision Rendered August i8, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) 6. Section 100-33 of the Zoning Code specifically provides a height limitation at 18 feet for accessory structures. This restriction is applicable to the Limited Business and Agricultural-Conservation Zone Districts. 7. Height restrictions have always been less than 35 feet for principal struotures, and 18 feet or less for accessory structures since the inception of zoning in April 1957. 8. During January 1989, a subsection was added for certain height exceptions under Section 100-230D, for: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty (220) volts. (2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof and that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent (20%). 9. It is, and has been the opinion of this Board, since the inception of zoning in 1957, that a structure which is free-standing and is not attached to the top of a building such as those excepted in Section 100-230D are clearly governed by the 18 ft. height provision of Section 100-33. See the Limited Business Zone District, Article VIII, Section 100-81(C1), which reads as follows: (Amended 5-9-89 by L.L. No. 6-1989). Accessory Uses. The following uses are permitted as accessory uses and, except for the residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: P~ge 4 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) (1} Any accessory use as set forth in and regulated by Section 100-31C(1)'through (8) ..., and subject to the conditions set forth in Section 100-33 thereof..." ; Section 100-11 does provide that where a. provision or requirement which is more restrictive or which establishes the higher standard shall govern. 10. It is also the opinion of this Board that this structure does not fall under Section 100-230D which applies to television or radio towers or aerials attached to a permanent structure (such as CB, ham radio, TV antennas, and the like) accessory to the principal building and principal use of the property. It is this Board's position that the subject pole tower is not a roof-type antenna and is deemed a separate, accessory structure. Accessory structures are governed by Section 100-33 in the Limited Business Zone District; and W/qEREAS, public utilities have always been recognized by the Town to provide essential, unrestricted telecommunications services to and for the public, over, on and through its rights-of-way and its land; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that it is the Interpretation of this Board that the height restriction under Section 100-81C(1) and Section 100-33 of the zoning code is applicable for all types of accessory structures, including those intended for telecommunications and other permitted accessory uses; and BE IT FURTHER RESOLVED, that a variance for a total height as requested of 100 feet for an accessory monopole telecommunications tower to provide utility services directly to and for public use, as applied under Appl. No. 4023, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The height of the proposed accessory monopole tower shall not exceed 100 feet, as requested, and shall not exceed the structural dimensions shown on the plan prepared by Juengert/Grutzmacher Architects dated 1-26-91, Job Number 9037-174 (unless necessary and approved for safety purposes); 2. The fall-down radius of the tower shall be "as submitted" with the following setback distances: Pa~e 5 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) a) 95 to 103 feet to the northerly property line; b) 69 to 62 feet from the proposed tower to the southerly property line and radius clearance of approximately 40 feet past the southerly property line over onto adjoining property to the south, also owned by William J. Baxter; c) 62+- feet to 69 feet from the rear wall of the accessory one-story block building. 3. Any future 'expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and the tower and equipment building must be continuously maintained in good condition at all times; 4. In the event this transmission tower becomes obsolete .or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as to the Planning Board under the site plan regulations, in order to re-consider this Special Exception and all other zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7. No excessive (disturbing) noise levels; 8. Monitoring shall be as per FCC mandates; 9. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; 10. Written covenants and restrictions shall be submitted .in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and ' Pa~e 6 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Villa. (Member Dinizio absta.ined.) This resolution was duly adopted with a quorum vote of the Board. lk GERARD P. GOEi~qINGER, C~ · AppE"ALs BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7, 2000 Appl. No. 4862- SPRINT SPECTRIUM, L.P. 1000-108--4-11.3 STREET&LOCATION: 415 Elijah's Lane, Mattituck DATE OF PUBLIC HEARING: November 16, 2000 FINDINGS OF FACT PROPER'FY FACTS/DESCRIPTiON: The applicant's property is located on the west side of Eiijah's Lane, Mattituck, The property contains approximately 95,000 sq. ft. with 197.50 fi, frontage along the west side of Elijah's Lane, Mattituck. The property is improved with a one-story warehouse building and rear yard structures as shown on the Map dated August 13, 199, prepared by Carman-Dunne, P.C. The property is zoned Light-Business (LB). BASIS OF APPLI(~ATION: Building Inspector's May 31, 2000 Notice of Disapproval for the reason that applicant's proposed wireless telecommunication tower exceeds the height limited under Section 100- 162B.3 within 300 feet, at a total height of 110 feet (overall). RELIEF REQUESTED: Applicant is requesting a height 10 ft. greater than its existing tower and which has an overall height 20 feet greater than other structures within 300 feet. The existing telecommunications tower is 100 ft. tall. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: (1) The proposed monopole tower will replace the existing tower and will add co-location facilities, which is encouraged by the Southold Town Code. Co-location of telecommunication antennas are needed and will enhance efficiency with expanded coverage. Alternate sites for the tower, to obviate the need for a variance, is not available on this property without a variance. (2) No evidence has been submitted to show that the additional 10 ff. will produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance wilt have an adverse effect or impact on physical or environmental conditions. (4) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to co-locate with others for communications purposes, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. (5) The use will not prevent the orderly and reasonable use of properties in adjacent Zone Districts. The property contains a 100 fi. tall wireless telecommunications tower, and the new tower is a I~'Page' ?- December 7, 2000 App;.-No. ,~t~62:1000-108-4-113 (Sprint) Southold Town Board of Appeals replacement, with an additional 10 feet in height. (6) The variance requested is not substantial. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, itwas RESOLVED, to GRANT [he application, as applied for, subject to the following CONDITIONS: 1. That a fully operational light be placed at the top, and continuously used and maintained (for aircra[l visibility purposes (to and from the Mattituck Air Base); 2. That only one monopole structure or tower may exist on the property. VOTE OF THE BOARD: AYES: MEMBERS G,O.E~ER, TO~.~)RA,_~,,OLLINS, and HORNING. This Resolution was duly adopted (4-0). ' ,~/ ~-~ ,, GERARD P. GOEI:'IRIN~ER / CHAIRMAN 12/20/00 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: MetroPCS New York, LLC 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: I1. New Construction Areas (New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: 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: Ill. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Existing 108'+/- monopole NUmber of Floors and Changes WITH Alterations: Proposed 10'+/- extension to existing 108'+/- monopole and proposed 160 square foot equipment area IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ~ 6 0 $ g' Square footage of your lot: 80~494.15 square feet Percentage of coverage of your lot by building area: ~ V. Purpose of New Construction: MetroPCS New York, LLC proposes to affix its public utility wireless telecommunications antennas to proposed 10'+/- extension on existing pole and install its related equipment so as to provide reliable service to the area in the vicinity of the sul~iect property. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR I~.fNG WfrH YOUR Z,B.A. APPLICATION Is the subject premises listed on the Feo] e~Mte m,m'ket fi:)r sale? Yes ~(No Are there shy proposals ~o e~m~ge or altc~ land contours? ~No m Yes, please e~lain on a~tached she~ 1 ) Are there areas tha~ contain sand o~ wetland grasses? N/A 2) Are these areas shown on the map submi~ed ~ this application? N/A 3) Is the property bulkheaded between the wetlands area ~md the upland building area? N/A 4) If~[~ prope~y con, dna wetlands or pond areas, have you contacted the office of the Town Trustees for its detcnntnafion of jurisdiction? N/A Please confirm status of your inqui~ or application with $he Trustees: and if issued, please attach copies of petit with conditions and approved map. Is there a depression or sloping elevation near the area of p~oposed construction at or b~low five feet above mcan sea level7 ~o E. Are ~here any patios, concrete baniers, i~,~heads or fences ~hat exist and are not shown on ~he survey map that you are submitting? ~oA~' (Please show area of ~ese structures on a diaBraxn if any exist. Or state "none" on thc above linc, if applicable.) the P. Do you have any consmiction taking place at this time concerning ~msr premises? /%/O If yes, please submit a copy of your building permit and map as approved by the Building Deparbnent and descn'be: or the owner G. Do you o~/any co-owner also own other land close to this parcel? /,/o lfyes, pleaselabel the proximity of your lands on your m~ with this application. Please list present use or operations conducted at tltis parcel Commercial buildin~ and public utility wireless 2~$; 1~07 TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of MetroPCS New York, LLC : : At the premises: : : 415 Elijah's Lane : Northwest comer of interseotion of Elijah's Lane and State : Route 25 : Mattituck, New York : Section 108, Block 4, Lot 11.3 : STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) AUTHORIZATION OF OWNER ~-c/~'t cr~ ~ ~- ~ O.,r"~ ~ _, being duly sworn, deposes and says: lamthe g~-~ '~a-'~'~ of ~5~z~"~ 5~"-b ,ownerinfeeof the premises known as District 1000, Sect/on 108, Block ti, Lot 1 !.3 (the "Premises" hereatter), and do hereby authorize MetroPCS New York, LLC ('MetroPCS' 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 MctroPCS may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with MetroPCS and its agmats in obtaining any required Approvals. Swom to before me ~his I~q'~-ay of ~ ~-- ,20 t.~ ~i~OTXRY PUB~ GAILA. GHOSIO Nota~ Pu.b. lic,_S. Lale__o.f New York NO. Qualified in Suffolk CounW Commission Expires March 19,20_L'~ h~tps://uwc~webmai~ptimum~ne~/msg-fs-~r~htm~?&securi~y=fa~se&~ang=en&p~pupLeve~ 10/5/2010 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBIvflSSION BY OWNER a.,uf OWNER'S AGENT) The Town of Southold's Code of Ethics orohibits conilicls of interest on the oart of Town officer~ and emnlovees. The oumose of this form is to umvide inform,-ion, which can alert the Town of vossible conflicts of inter~t and allow it to take whatever action is nece~nsrv to avoid shine: (Last name, first nan., middle initial, unle~ you are applying in the name of someene else or other entity, such as a company. If so, indicate the other pe~on or company nen~.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 parlnership, 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 ~ Complete the balance of this form and date nnd sign below 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) th~ legalor beneficial o~r of any interest iii~o-n:corpbtat,' entity (when the applicant is not a corporation); C) an officer, director, panner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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. MetroPCS New York, LLC YOUR NAME: By: (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 X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 fhe shares. YES NO X Complete the balance of this form and date and sign below 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:( ~ Print Name: ~- Direction: Photo taken from the North to South Direction Description: All four corners for the proposed concrete slab within existing fenced equipment compound. Date taken: July 29, 2011 Owner: Arek Surveying Company Direction: Photo taken from the North East to South West Direction Description: Corners for the proposed concrete slab within existing fenced equipment compound. Date taken: July 29, 2011 Owner: Arek Surveying Company Direction: Photo taken fi'om fl~e North to South Direction Along the existing chain link fence Desc'ription: Comers for the proposed concrete slab within existing fenced equipment compound. Date taken: July 29~ 2011 Owner: Arek Surveying Company Direction: Photo taken fi'om a North East Direction Description: North West Corner of proposed concrete slab along the existing fence inside the existing equipment compound. Date taken: July 29, 2011 Owner: Arek Surveying Company Direction: Photo taken from the East Direction De,~crietion: North East Corner of proposed concrete slab adjacent to the existing block wall equipment shelter within the compound. Date taken: July 29, 2011 Owner: Arek Surveying Company Direction: Photo taken t¥om the East Direction Description: South East Comer of the proposed concrete slab adjacent to the existing Nextel shelter within the equipment compound. Date taken: July 29, 2011 Owner: Arek Surveying Company Direction: Photo taken from the East Direction Description: South West Comer of proposed concrete slab along the existing fence inside the existing equipment compound. Date taken: July 29, 2011 Owner: Arek Surveying Company ELIJAH'S (so' WIDE) LANE ASPHALT ROADWAY Z 0 0 e EDGE OF ASPHALT S 25°09'10'' E 197.50' Z 0 O I R T DRIVEWAY 0 0 FRAME GARAGE ASPHALT A /C ~OUiPM~NT CINOULAR ONOPoLE AREA: 80,494.15 Sq.F. 1.8478 Acres ~ W O O D E D A R E A --~ (LOT 0 Lc 298.50' LEGEND: RD ROOF DRAIN E.O.P. EDGE OF PAVEMENT DC DEPRESSED CURB ~ SION CB CATCH BASIN ~ SURVEY POINT ® UTILID' POLE ® SANITARY MANHOLE ~ FIRE HYDRANT ~ WATER MANHOLE ~ SPRINKLER ~) ELECTRIC MANHOLF ~ WATER VALVE (D TELEPHONE MANHOLE ~ GAS VALVE ~ DRAINAGE MANHOLE B GAS BOX ~ GAB MANHOLE ~ FLAG POLE ® D,O.T. MANHOLE ~ LIGHT POLE ~) UNKNOWN MANHOLr ~ UTILITY&LIGHT POLE ~ INLET [] MAIL BOX lB TRAFFIC BOX SF STEEL FACE CURB ~ TREE 0 VENT N 23°52'10'' W 101.47" NOW OR FORMERLY OF THE COUNTY OF SUFFOLK N 23°08'10"W 39.46' SURVEY OF PROPERTY LOCATED AT- #415 ELIJAH LANE, MATTITUCK COUNTY OF SUFFOLK TOWN OFSOUTHOLD STATE OF NEW YORK DISTRICT ....... 1 000, SECTION ....... BLOCK ....... 4, TAX LOT(S) ....... 108 11.3 NOTES: 1. THE OFFSETS OR DIMENSIONS SHOWN HEREON. FROM I~IE PROPERTY LINES TO THE SI~UCTURES ARE FOR A SPECIFIC PURPOSE AND USE. ~rlEREFORE THEY ARE NOT INTENDED TO MONUMENT PROPERTY UNES OR TO GUIDE THE EREC~ON OF FENCES, ADDITIONAL STRUCTURES OR ANY OTHER IMPROVEMENTS 2. CONSULT WIFB THE HIGHWAY DEPARTMENT BEFORE BES]GNIND, INSTALLING OR MODIFYING ANY NEW OR EXIStiNG CURDS. WALKS OR ROADWAYS IN THE SI~EET SHOWN HEREON. 3. THIS IS TO CERTIFY &IAT ~dERE ARE NO WSIBLE STREAMS OB NATURAL WAT~:R COURSES IN THE PROPERTY AS SHOWN ON THIS SURVEY. 4- REFb. R TO ARTICLE 36 OF THE GENERAL BUSINESS LAW ANB THE PROVISIONS OF INDUSSr41AL CODE PART (RULE NO* 53~ BEFORE ANY EXCAVAtiON OR DEMOUflON IS COMMENCED. THESE LAWS REQUIRE EACH EXCAVATOR TO GIVE ADVANCE NOTICE TO ALL OPERATORS OF UNDERGROUND FACILI~ES OF HIS INI~NT TO 9ERFORM EXCAVATION OR BEMOLITIDN IN THE SPECIFIED AREAS. 5. ALL DIMENSIONS ARE IN U S. STANDARD MEASUREMENTS. 6. PARCEL SUBJECT TO. o) DECLARATION OF COVENANTS AND RESTRICTIONS RECORDED ~2/4-/1992 IN UBER/REEL 11583 PAGE 345 b} GRANT OF EASEMENT RECORDED 1/29/2001 IN UDER/REFL 11621 PAGE 356 c) MEMORANDUM OF LEASE RECORDED 1/29/2D01 IN UBER/REEL 12099 PAGE 286 7. EASEMENTS NOT SHOWN ON ITIIS SURVEY MAP ARE NOT GUARANTEED. REVISIONS DESCRIPllON BY ARKADIUSZ JUSIEGA, P,LS. AREK SURVEYING COMPANY Scale: 58 East Beverly Porkwoy 1" = 20' TEL: (516) 792--6676 ASC-09272 MTM DESIGN · TEL: 732.888.621q FAX: 732.847.4335 ku. ~ A113345 Iq]'- ~ GE 36209 '~ ...... LEGAL ~ POLE ELEVATION ~ 4~ ~LI~AH LA~ A-~ OABLEAOUTIN~ ~ CABLEPO~TOETAILS I. ~T~~ m APPLICANT, ~P¢'~Y~L&~. ~ATTITUO~, N~ E-4 6~OUNOlN¢ DETAILS TI ~L~ ~H~T ~t~ t~ ~ ~ tI~ ~I~ ~ ~ ~1~ A~ ~ ~-~ ~ ~ O~ IN ~ItlN~. ~A~ ~o, ~ Ro~ W. To~, P.~. ~ ~ ~ ~" ~' ~ ~ ~" ~ ~ireless for ~1. 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BOX3 ~, ~JERS~ 0W30 9-- v I > ~D 732.888.6210 ~ ' ' , ,,:l~ ~'m'*~*~=~ 7 /1111 ~-~028992-1 ~.~0753~ PA- ~ ~I412 ~ I UTI~IW ~OUNT ~TAIL ~ I ~ PLANTINO ~ETAIL Wireless for All. ii~l~ ~=1/~,,=1,-~- I ~ ~= ~/~'=1'-~" Hxl~ ~:~.T.5. I 24x~ ~= ~.T.~. 5 S~LINE DRIVE HA~HORNE, NY 10532 ,~.~= .' ,. =. ,. DILL Nm~ ~ ~ ~ ~~/CI~ ~ ~ /~ ~ ~m mT) ~ ~ ~ e~V, (~ ~ ~) _2 UTILIW F~NE ELEVATIONS ~TO~I~ ~, ~ ~P~ ~OUNTIN~ gETAIL ~A. ~ cA~,~ ,,-~.o~ ~, ~ D E S I G N u ARCHITECTURE P. O. BOX 3 ~ ~ , ~;: (, : ~ - ~ ~ B345 ~ - ~ GE 36209 ~ ~- ~ 028~2-1 ~' ~ 075384 IiEOUIPMENT ~PPO~T D~AME PLAN 2 [ MOUNTING~ HOLE LOOATIOND/4.:i,_o.NLAN I ~ETAIL 4 [ DETAIL 5 I PETAIL B~BO~n[, ~ ~0~ NYq~ID 5iT~ INFOrmATION /J -- 415 ELIJAH LANE LI [~1 - ~ ~ 1~ ~,,~, ~,,~,. ~ ~ ~ ~ ~ ~O-LOOATION / ~ ~ i ~ I DHo PMo 12~0/~ .... / f NOUIPMENT ~L~ATION~ " DESIGN GROUPZ - ,~1~ ~ I P~ f~1~-~3 ¢o1~ ~ ~ Pl~i~ E"-~",~ ~IP~ ~-~b3 (~ A R C H I T E C T U R E -~~ P.O. BOX3 ~)~" ~ ~' I ~ ~ ~T,M~ ~JERS~ 0~30Ro~ w. To~ (~)2 3~' x 65' ~ Pl~fi ~L: 732.888.6210 tl)~ ~ ~ F~: 732.847.4335 LouM ' o,~ P.E. ~SY ~I~IA-2~ ~T~5 ~-~345 ~-~ GE 36209 ~ - ~ 028992-1 ~ - ~ 075384 metroPCg ' ~: ...... ~ __ Wireless for All. ~ 5 S~LI ~E DRIVE ~ ~ SITE INFORMATION " '~ ~ ': " % / ANTENNA MOUNT ~ETAIL5 -- ~I~ C~ ~iC~~ I ~UIPH~NT GAB,INET ~'Pt=GIF:IGATION~ I LTE C, AB,IN. ET ~ETAIL~ ? I B,A I I~-~'F (.AB,iNET DETAILS 4 I F~i'C' C-AB, INET ~P'ECff=ICATtON5 DESI NO GROI~pz ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEW JERSEY 07730 TEL: 732.888.6210 FAX: 732.847.4335 Lou Moglino, AIA ARCHITECT NJ - ~ AI ~3345 NY- ~ 028992-1 Robert W. Toms, P.E. STRUCTURAL ENGINE1ER ~- ~ GE 36209 - ~¢ 075384 Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 sm: Jo~,,, N¥-1DID SITE I NFOi~.MATION 4ID ELIJAH LANE B,Ho PMo 12/30/0q SHEET TITLE E~UIPMENT S~OlPICATION¢ DESIGN~ GROUPZ ARCHITECTURE ENGINEERING P.O. BOX 3 HAZLET, NEYVJERSEY 07730 TEl; 732.888.6210 FAX: 732.847.4335 IlmetroPC l Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 DITE INFORMATION 4[5 ELIJAH LANE MATTiTU~, N~ l i~ GO-LOGATI ON E~Ho 12/'50/o~ SHEET TITLE ~-.F: I NF:O~-.I','I'AT I O N I ANTENNA GABLE ~CHEMATIC 2 ~ A~ TAP LOCATION ~10~ TO I~T~TION. ~ A~HI~T ~E¢IN~ ~ PA~R~ ~1~ ~ VA~IO~ UTILI~ ¢O~PANIE5 A~ CAN ~VIDE T~ ELEC~IC~ ~BTAIL~ ~ A~ PHO~ ~E~. OONTA6T ~ A~I~OT FO~ ~ILI~ ~LA~ ~STIONS. IF ~MP~R% PO~ I~ ~I~D, ~ ~6 a~/o~ lOO~ E~6~IO ~P=~ ~ BE ~ TO. 60~t HE~ PO5 ~1~ ~10~ TO HA~IN~ HG~ HAIN ~l~lt B~A~=~ ~ ~[¢1~ AL~I~ ~, N~JERS~ 0~30 ~MP~Y PO~ ~CtlO~. ~P MAIN ~I~I~ION PAN~ ~ ~I~ID ~ALVANIZE~ ~ ~ 7 3 2.8 8 8.6 210 ~ ~A~ER ~F F~: 732.847.4335 LEGEND WI~IN~ METHODS Wireless for All. 5 S~LINE SPECIAL EMPHASIS, CONCERNS, AND LIMITATIONS SYMBOLS 415 ELIJAH LANE AND I NFO~ATION ~N~GT~ ~ ¢O~IOATION5 C~I~T C) 1 I t~'OO~= PLAN L)TILI'FY' POLE NYTD lONE LINE '~-.ISER SC. HEf-4ATIG ~It~E AN~ GONPUIT LE~ENI2 I2ESGt~IPTION ~It~E GON~UIT (BELO~ 8ROUNd) Nd ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEW JERSEY 07730 TEI= 732.888.6210 FAX: 732.847.4335 Lou Moglino, AIA t Robert W. Toms, P.E. N~ - ~ A113345 NJ - ~ GE 36209 ~ ~n'~oo'~ ~ 1~-~075384 I-I/4" 3/4" 3/4" IlmetroPCSI Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 41~ ELIJAH LANE FiATTITUC, K, NY 11~5~. ONE LINF: DIA~t~.AI'4 2 IANTENNA ®t~-.OIJNDIN~ DETAIL JTE~T WELL DETAIL I¢~.ouN~ 'l~.oD DETAIL ~ENEF~AL NOTE5 K~="f' NOTE~ (,~Bmbole (~, (~), EEc.) ~_~ESIGN~ ROUP'~ ARCHITECTURE ENGINEERING P.O. BOX 3 HAZLET, NEVVJERSEY 07730 TE[z 732.888.6210 FAX: 732.847.4335 Lou Mogllno, A[AJ Robert W. Toms, P.E. NJ - ~ AI 13345 J NJ - ~ GE 36209 N'Y - ~ 075384 llmetroPCSI Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 SITE INFOrmATION 415 ELIJAH LANE MATTITUO~, N~ I1~ OO-LOOATION BHo PMo 12/30/0q SHEET TITLE ¢ROUN:~:;::~ I N~ I ¢~. I ~ ~. ~ DESIGN¢ ^.~,~, ~,= g GROUPZ ~=A'n-~=m~:~-,~.~clr / ARCHITECTURE P. O. BOX 3 ~ (~ To ~ ~A~ ~L: 732.888.6210 ~ ~ ¢AR 5PA~ i ~ lOC MODCBLL PO~ F~: 732.847.4335 - - ~ - ~ ~ ~345 ~- ~ GE 36209 ~ - ~ 0753~ e~ *ITC. ~ON IN¢~NT OOM*AN~ Wireless for ~1. ' '-- - r CONDUOT~ ~T~N O~LE A~ T~ ~ ~ BE~5 ~lIBE o~ E~. 41~ ELIJAH LANE o 0 ~. ~D~LIG&LY ~H~ LONe ~. ¢/¢" hEX ~ ¢TAINLES~ ~L NUT (~i~). 4 I EQUIP~EMT, OA~INET SIM~L~ lINE ~OUN~ DIA~A~ 5 I~ASTE~i~OUM~ ~A~ TE~INATION ~ETAI~ ~T AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEAI~ TOWN OF $OUT~OLD IFIIEN TO USE THI~ FORM: The form must ~ ompl~d by ~e ~ for ~y ~e~ me.inK ~e p~ ~roml, ~e ~ or ~on ~p~l on p~pe~ ~M an ~cu~ml ~d OR ~OO fea of a f~ ~flon !~ M a~l ~ ~! app~ns r~g an ~1 ~ ~atem~t m~ ~ ~f~d to ~e Suffo~ Cou~ D~ent of P~nn~g in ac~an~ ~h Se~ 239- m ~d 2~9~ of~e Gene~Muni~. l ) Name of Applicant: MetroPC8 New York, LLC 2) Address of Applicant: 5 8kyllns Drive, Hawthorne, NY 10532 3) Name of Land Owner (if other than applican0: ,Wl__l~_ [~ ~_B_~__er, Jr, Pa~cia Baxter, and Robert A. Goelter, Jr, end 4) Address of Land Owner: e/~ als gll_lnh'n Lane. 5) Description of Proposed Project: Applkant prolxnes te extend the existing monopole end colocate Its pub#c ~ wimlaas telecommunications antennas on the extension, en¢l Install minted equipment on the ground, aa depicted In the plans eubmtited herewith. 6) Location of Property (mad and tax map number): 415 Ell]ah's Lane, Mattltuck (1000 - 108 - 4 - 11.3) 7) Is the parcel within an agricultural district? IX-'=INo DYes lfyes, Agricultural District Number 8) Is this parcel actively fanned? ~]No DYes 9) Name and address of any owner(s) of land within the a~ricultural dis~ct containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 1000 - 108 - 3 - 5.44: Jor~h Bhlpman & Cathleen Shipman, 985 Eli,!ah'a Lane, Mettituck, NY 11952 2. 1000 - 108 - 3 - 5.45: Ja~flh Shipman & Cathleen Shipman, 985 EllJah~ Lane, Mattltuck, NY 11952 3. 1000 - 115 - 7 - t3.2: Fr~leflck Koehler, Attn: Osprey Dominion Co., PO Box 198, Peconic, NY 11958 4. (Please use back side of page if more than six property owners are identified.) The lot n ~umbe~ n~.y,~ obtained, in advance, when ~"quested from either thc Office of the Planning Board at 765-1938 Or the~Z/~ Board of Appeals at 765-1809. MetroP 'N S ]~rl(~r~-of Appllcant Date ' ' Note: ]. ~c local bo~d will anlich con~mam t~om ~ ownm of land idm~fied above ia order to con~ider ~e tff~n of ~¢ Fopesed eaton on theb' farm operation. 5olicitatian will be made by sapplyJng a copy of this slatmnent. 2. Coflunants returned to the local board will be taken imo consideration as pan oftbe overall ~view of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the boanl to the property owners identified above. ~ cost for mailing shall be paid by the applicant et the time the application is submitted for review. Failure lo pay at such time means the application is not complete and cannot bo acted upon by the boant. 1-14-09 1000 108.00 04.00 eomtnmlon of a 100 foot mooopob radio tmur and, NOW, THOR, in cm'T~.'m ~d~ tbs uiolu~on of mid Soutbold Towu Zotdnl Boifd, D~tl Imroin do~ Ibit tho had dlMrlbod jn S4Jbodub A b b~d end w~ll u tho PJmub~ Board under tiro'die phm Niuhtiom, h onbr to ro. eomider ~ mab~ · u~uer, Jr. m me Immvn 1o be the indlvld~ d#aflmi in and who mcut, d the fon~dnl Imtnmmk smd ndmowbdpd timt be esomtod tho sams. ~'rATB Of ~ COUNTY OF~ On the k~ day. of ~/,,~,~h~t. ,lg93. beforunup~noMItyamuPstrtda BImer to mo to M tho IndJvidul dmcrlbed in and who ene4mtod lbo fouloin8 11583PC348 ~I'AT~ OF ~ known e, nM k~[tmt ~! mn. emile mill mlll*d" Mlr~, o! AIIlmlnn,of Ilnund~n~4.)t~l.~ G.. IIlOlNNfN(I Il Il iminl on Ihl wletmly Ildt of ~ijeb'l I,alle. eldd ~lnl bei,I121llt..~l) f,,,.! :i~) and Ihe wetmly line nl Illlja~'q Lane. gldd I~inl nile behtl me ,~mlh~.elffly em~Hr ul I .,I m,lhm'ly line et' 1.,& 3. 4111.01 fm la lend now m tOlllmly ot' Jol~h Neville; Ruo,t. plI fhem:e Noah ~.1' 0l' In, Went lions mild land 39.46 feet u, n ImielIII, l.m~tnl Ihenee Nmlh 23' .%!' It~." Weal atill lionI mild kIK ired I~ttally nlonll brai ne~ m llbrmefly of the Count), of 101.47 hilt to n i~int; Rnnnlnll the~me North 70' 30'.~0~ F, II~ lllnnil ileal now or lblmerly ,I Ihe C:emnl), of luffelk.lnnd new er tmmetl~ ~,heel ;e (',let in~illlt6 flow or formmly I~ulOn. 4?~.e0 Ieee to Ihn weeterly line of Igijeh'a I.am~. RnludHI IJlm~e llouth 35' 09'10' I..',,I IQ'/,~ fe~ to,lhe polnl or pim ld ilRCilNNINCt. P,O, BO~IS 11621Pk 6 · vi0~?4 MAR ] l :-,- _.. State or N~ York, M m~ on bblblt '____~__.-, ' M ~einrF u~, over, ~er i ~4 b ~ld Il ~ ~b hl~ ~; of old e~t strip bf ot~, tnel~inf fKilltlu wl~t ~ prior uritM ~mL or inbrre~ vlLh or p~h blt tb roll use or , qMi vlLh ~ Ormt~, ~ bhlf of bi--If, his nxKutl~ ur thin gf~t or e~nt ~ll] ~rvl~ wire. i f~ttltloa of otbr utlllkF ~len / to ~nvo7 ~ ~k ~--- ~.~rd, ~n ~io~ of tk ~lio which ~ aL nr tIN ~cur th~k ' ~ yt~ ~m, Order ~ emu~ ~hta tust~nt ~ ~r ~il kb ~ %~ fl~t ~ve wrlt~n. V105874 _ t MAP OF: TOWN OF..~ld ...... ;' G~3UNTY ...O~UFFOLK I~"1~-I...~,~ ~I'AT~ OF. N~W YORK PROPOSED c,',Kc~eCacc_ EXHIBIT "fi' TOWN OF SOUTHOLD PROPERTY RECORD CARD SCTM # "-----' OWNER LAND IMP. TOTAL .sqoo CEoo STREET '~l~ 1VILLAGE [ D~ST'1 ACR. TYPE OF BLD. PROP. CLASS SUB. LOT ~ FRONTAGE ON WATER BULKHEAD HOUSE/LOT TOTAL Extension Extension Extension Breezeway Patio COLOR TRIM Foundation Bath j Dinette Porch i Basement Floors I , Porch ~ Ext. Walls Interior Finish LR. Heat DR. Total Fire Place jType Roof Recreation Room Dormer i/ Rooms 1st Floor Rooms 2nd Floor Driveway BR. J FIN. B )WNER :ORMER OWNER N VI LLAGE ES.~ SEAS. LAND IMP. h :-:~' i/z TOTAL DATE / NEW NORMAL BELOW ABOVE lkARM Acre Vclue Fillable Value Per Ac re REMARKS CB. Noodland Plot Total ACR. TYPE OF BUILDING MICS.~'~ Mkt. Value FRONTAGE ON ROAD -~ '5~Vr; ' FRONTAGE ON WATER ~ /, SSt 617.20 Appendix C StatB Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only -PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) · l 1. APPLICANT/SPONSOR I 2. PROJECT NAME MetroPCS New York~ LLC .... 3. PROJECT LOCATION: Municipality Town of Southold, County Suffolk: 4 [ 5 Elijah's Lane, Mattituck, NY SCTM# 1000-108-4-11.3 SEQR 5. IS PROPOSED ACTION: E} New [:::] I[(13anslon [~3 Modlflc&tloh/eltarltiOl~ 6. DESCRIBE PROJECT BRIEFLY: MctroPCS proposes to affix its public utility wireless telecommnnications antennas to proposed extension on existing monopole and in,4tall related equipment on the ground as depicted in the plans submitted herewith. 7. AMOUNT OF LAND AFFECTED: approx. 160 square feet Initially lcfii Ultimately aer~a 8. WILL PRO~3SED ACTION COMPLY WITH EXISTINO ZONING OR OTHEA EXJ~'rlNG LAND U~E RE~ICTION~ 9. WHAT IS PRE~ENT I. AND USE IN VICINITY OF PROJECT? [~ Residential [] Indualflll [] ~3 Agriculture 10. DOES ACTION INVOLVE A PERMIT APPROVAL, Otq I~JNDIN(~ NOW OR UtTIMATEI.y FROM ANY OTHER ~OVERNMENTAL AGENCT {FEDERAL, STATE OR LOCAL)? E~] Yet [] No I! Yet lilt ageaw(s) aM petmlt/al~mwnt; 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APFI~IOVAL? [] Yea i'~ No It y#, list agimoy name 8mt peemlt/e~provM 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? i--') Yea [~ No /~:,~.~THE INFORMATION P~OVIDED A~OVE ,8 TRUE TO TNE .. OF MY KNOWLEDGE /~-/~ . · Il the action l$ in the Coastal Aras, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ~ART U--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ~ .Yes ._. NO COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (A;',wet$ may De ~anclwt~llen. ii tegiolet C,~. vegelauon or launa, lish. snellfi$11 or wilqlile Speciee, signdicant haOitalS, or threaleneq 0¢ enqangete4 soeciee? Explain 0r~efly: C5. Growtl~. suOsequenl development, o~ (elate~ activities likely to De inqucaq by tile proposed aclion? ~plain q(Jatly. Long lerm. s~ort term. cumuiatiYe, or oll~er affects not iPentifieq in Cl-C57 Explain priefiy. C7 Other impacts (including changes in use of either quantity or type of energy)? Explain Ptiefly. WILL THE PROJECT HAVE AN tMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASiJSHMENT OF A CEA? ~ Ye, [] No iS THERE, OR IS THERE LIKELY TO EF~ CONTROVERSY RELATED TO POTENTIAL AOVERSE ENVIRONMENTAL IMPACTS? ['~ Yea [] No If Yea, explain t)rielly =ART Ill--DETERMINATiON OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified alcove, deten'nine whether it ia, subsfantlaJ, large, important or otherwise significant. Eac~ effect should Oa assessed in connection with its fa) setting (i.e. u~an or rural}; (b) probal~illty of occurring; (c} duralion; (d) irreversibility; (e) geogra0flic scope; and (I) magnitude. Il necesaa~, add attachments or reference supporting materials. Ensure that exo~anafions contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If- question 0 of Pert II was checked yes, the determination and $i~nificance must evaluate the I~ofenflal. impact of the progosed action on the environmental characteristics of the CEA. ~ Check this box if you have identified one or more potentially large or significant adverse irrfl:i,~cts which MAY occur. Then proceed directly to the FULL FAF sndlor prepare s positive declaration. [~] Check this box if you have determined, based on the information and analysis alcove and any supporting documentation, that ~he proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 2 5.2 127 12.5 56A(C} 24A ~ I .o~,~ I~ COUNTY OF SUFFOLK © I.'l~J'°'r;,.l~-~,~ou~ m~..o ~ ~ I ~ Real Prope~ Tax ~w ~ Aeencv y ~ TO~I O~ $OUTROLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (63D 765-9~02 So utholdTowu.NorthFork.net Exmnined ,20 Approved ,20 Diaapproved a/c PF.,RMIT NO. BUILDING PERMIT APPLICATION CHF. CKLIS1 Do yea Kaw or ami ~ N.Y~. F~ ~ S~W~ ~n~: A~y ~or Appear: ~ ~: Re, Nic~cn, Hu~ 36 N. New Yo~ Ave., H~on, ~ 11743 ~:. 631~25~1~ Expiration Building Inspector ~ T~ applicon MUST ~ ~Y ~ ~ by ~i~ ~ ~ ~ ~ ~n~i~ ~ ~ Bu!!di~ ~ ~ 4 ~ of pl~, ~ plot p~ ~ ~ F~ ~g ~ ~' b. Plot p~ ~ ~ ~ ~ ~ of ~di~a On ~ r~p ~ ~jO!~!ng ~ ~ pu~ ~ ~ ~1 ~k~pt m~ iau~ a ~ offS. i~ ~ ~mp~ 18~ ~~ ~di~on ~ ~- ~, a ~ ~t ~ ~ ~ AppLI~ON IS ~RRy ~ ~ ~ ~ ~ ~ ~ ~ of a ~ni!din~ ~ ~'mnt ~ ~ Building ~ O~ of~ To~ ~ S~ ~, Now Yor~ ~ ~ ~P~ ~ O~!~ ~ Keg~o~ for ~ ~m~ of ~ ~ ~ ~ ~ f~ ~ov~ ~ ~ ~ ~ ~ ~ applier a~ ~ ~mply ~ ~ ~ ~ ~ ~ai-[ ~ ~ ~ ~ ~ ~ ~ ~flm~ ~ori~ i~ on p~ ~ ~ b~dlng ~ ~ ~' MewoPCS New Yor~ LLC 5 Skyline Dhvc, Hgwthom¢, NY 10532 ~ ~ o~ ~VVU~t) State whelhcr applicant is owncr, lessee, agent, architect, engineer, geaeantl contractor, clcc~ricia~ plumber or builder Applicam is Lessee ,. ,- - William J Baxter, Jr. Patricia a~,ter, and Rob~r~ A Gee Icr, Jr., aq~Jane. P..Ct.o~ller ' . Builders License No. Plumbers Licens~ NO. Electricians Licea~ No. Other Trade's Liceaso No. N/A 1. Location of land on which propo~d work will b~ do~: 415 Elijah's Lane House Number 8trot Ma~tuck ' '~ ' Eot , i1.3' County Tax Map No. 1000 Section 108 Subdivision BIo~c 4 Filed Map No. * Applicam also l~Z~°ses related structural m°dificati°n 7 as depicted m thc plans submitted hcre~O~th' _~e2. Stat~ ~xi~'d~g u~ and oooupanoy, ofpr~nises and intended use and occupmmy of proposed oons~uction: a. Existing .l~ and o¢~-~-p~lv'~ Commercial building and public utility wireless telecommunications facility b. [nt~'lded Use and oe, oulmnoY Public Utility Wireless Teleco~iiiiiuni~ations Facility 3. Nature of work (cl~eok which applioable): N~w Bm'lding Addition- Alt~ration Repah. R~al~ · Don~olition 'Oth~ Work Applicant propose to extend the existing '~" ' "ublic"'---'-ufil' ' less t~l'ecommunications antennas on the extension, and install (T)~rintion~ mono .~ole and colocat¢ tis p tty .... ** relatea ."~,i'~m~t on the ground, al! as ~c~ted m the plans subm~tt~ herewith. 4. ~t~?n3irt~fCost $1 :s.0~ no . ~ee (To be paid on ~ling this application) 5. ifdwelling, number0fdw~llingunita N/A Numberofdwllingonitsoneachfloor If ~am~le, mlml~r of t~l~ 'Commercial building and public utility wireless telecommunication 6. If' business, eommert:ial or mixed °c'°uFan°Y, speoify nature and extent of each type ofusefacilitv 7. Dimensions of.~xisting struotor~ if any:. Front Rear .Dq~th ._Number of Stofles *Existing 10g,+/_ monopule with existing lighming rod thereon Dimensions of same structure with alterations or addltlons? Front Rear Depth Heloht Number of Stor~$ * 118'+/- monopole with relocated lightning rod thereon 8. Dimensions ofentiro ne~w e, onstroCdon: Front Rear ' Depth Helflht Number Of $t01~$* Proposed 10'+/-'extension to existing monopole and proposed 160 square, foot equipment area ~ 80,494.15 ,square feet 9. Size oflot:'Front_ Rear D~p~ l 0. Da~ of Ptlrcha,~ 4/2/1971 · . ...lq'amc of Format Owner ' William J. Ba2,1ei~ .Ir. 11. Zone or use distrint in which premises am situated Limited Business (LB) 12. Does propos~l c°nstruction violat~ any zoning law, ordinan¢= or regulation? YE8 · NO x. 13. Will lot be m-graded? YF-,8 x NO Will~¢~,safillbert:mov~lfrompmmisea?YEgX ..NO 14 NamesofOwner.ofPremis~endJeneP'C'°eller Addrtm uo.,,,,-~, x~v . .phoneNo. 732-sss-6210 Add~maP.O. Box 3' Hazl NJ No .... NameofArchil~'tMTMl)esignC'nm°'Inc' ' -- 0H~O' PhoneNo' Name of Contra~or Addmss 15 a. is this prolm, ty withi~ 100 f~et of a tidal w~tland or a fz~awater wntland? *YES NO x_Z._._ · sovmo , Tows · P. sQtrm D. b. Is this prolmrty within 300 fe~t of a tidal w,:tlend? * YE8' NO x · IF YE,g, D.E.C. PERMITS MAY BE REQUIIZED. 16. Provide survey, to scale, ~ ac, oum~ foundation plan and distanoes to property lines. 17 If elevation at any point on prolmW is at 10 feet or below, must provide topographical data on survey. X NO 1S. Am th~m any oown~C~ knd o~,ri, 'otlons with msp~ to this prop~? * YES: __ · IF YES, PROVIDE A COPY. STATE OFNEW YORK) · Oqame of individual ~igning ~ra~) aoow ($)He is t~ ~e / A~lic~t (Co,,~, A~ C~ O~r, ~.) mid ~ ~ ~ ~ ~ tidy ~ m ~ ~ ~ ~ ~ ~d ~ ~ m ~e ~d file ~s ~h~; that il ~ ~ ~o~ in ~ m~ ~ ~ ~ ~ ~ fil~ ~.