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HomeMy WebLinkAbout6433 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~,~C~I¥~) Tel. (631) 765-1809. Fax (631) 765-9064 ,~ ~ Ii '2 1 2012 FINDINGS, DELIBERATIONS AND DETERMINATI~OI~.~,~ -- MEETING OF FEBRUARY 15, 2012 ,. ., %4 ~.~*~'~-~..~. :; u nom -own ClerR-" ZBA FILE 6433 NAME OF APPLICANT: LIPA and T-Mobile Northeast, LLC PROPERTY LOCATION: 69685 Main Road (Chapel Lane) Greenport NY SCTM#1000-45-1-14.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 8, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMiNATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property contains 8.33 acres and is located in a LB zone, and is improved with an electrical transmission substation, transmission poles and equipment. It has 416.50 feet of frontage on Main Road (S.R. 25), 722.50 feet along the irregular westerly property line, 1153.95 along the northern property line and 716.69 along the eastern property line including 95.29 feet of frontage on Chapel Lane, as shown on survey dated April 12, 2010 last revised August 11,2010 prepared by Barrett, Bonacci & VanWeele, PC. BASIS OF APPLICATION: Request for Variances from Article XVII Code Section 280-70J, based on an application for building permit to upgrade and maintain a wireless telecommunication facility and the Building Inspector's September 3, 2010, amended October 12, 2010, updated June 10, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) location of mounted antenna not located in the code required interior, 3) tess than the code required distance to adjacent residential property line of 500 feet. RELIEF REQUESTED: The applicant requests variances to maintain and upgrade the existing facility with antenna support system at a proposed height of 84 feet where the code permits a maximum height of 45 feet; exterior mounted antennas where the code requires interior mounted antennas; and a distance of 73.8 feet from the adjacent residential property line where the code requires a minimum distance of 500 feet. ADDITIONAL INFORMATION: The Zoning Board requested comments from the Southold Planning Board. The Planning Board in a memorandum dated January 24, 2012 stated they support the application for the following reasons; the location is within an existing LIPA substation, the surrounding parcels and area have little or no potential of any residential development due to the existence of the Arshamomaque Lake Preserve, and the site is Page 2 of 3 - February 15,2012 ZBA File#6433 LIPA/T-Mobile Norlheasl, LLC CTM: 1000-45-1-14.1 naturally well screened. The height of the pole already exists and the antennas are flush mounted to reduce visibility. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on August 4, 2011, October 6, 201 l and February 2, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b{3)(b)(l), Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the actual wooden pole and existing cellular panel antennas have been in place since 1997. The property contains dense vegetation and tall trees which mitigate visual impacts. The site is not open to the public so there will be no adverse impact on parking or traffic flow at the site. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is seeking approval to replace the existing cellular panel antennae with new panel antennae of similar size and shape. Construction of a new tower at a different location, but nearby, to fill the same gap within the applicants coverage area would require more variances then is currently being considered under this application. 3. Town Law §267-b{3)(b){3). The variances granted herein are mathematically substantial, 1) The maximum height allowed by town code in this LB zoning district is 45 feet, the applicant is seeking to replace the existing antennas that are located at 84 feet on the existing wooden pole. This represents an eighty six (86%} relief from the code. However, the pole has existed in place since 1997 without incident and nothing the applicant has proposed will alter the appearance as it exists today, 2) The minimum distance to adjacent residential property line required by Town Code is 500 feet, the distance of the existing wooden pole is 73.8 feet to the residential property line, this represents an eighty six (86%) reduction in minimum distance allowed by code. However, as stated before, the wooden pole and associated antennas have existed since 1997 without incident and will remain unchanged, with the exception of a small equipment cabinet located at the base, after the proposed new antenna panels are installed. 4. Town Law §267-b(3}{b){4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. With respect to the radio frequency emissions the total amount emitted will be 0.2315 % of the maximum set by the FCC as stated on page 11 (Compliance Conclusion) of the report titled "Antenna Site FCC RF Compliance assessment and Report submitted by the applicant's expert consultant. The physical impact of the wooden pole to the neighborhood will remain unchanged. 5. Town Law §267-b(3}(b'/{5}. The difficulty has not been self-created because the applicant is not proposing to change any of the physical appearance of the existing site and is only seeking to upgrade the technical aspects of the existing antenna to meet current and future needs of the public. The requirement for the needed variances is a result of changing the law after the site was constructed and operating for a number of years. 6. Town Law §267-b. Grant of the variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of upgrading and maintaining a wireless telecommunication facili _ty while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Schneider, and duly carried, to Page 3 of 3 February 15, 2012 ZBA File#6433 - LIPA/T-Mobile Northeas~ LLC GRANT, the variance as applied for, and shown on the Site plan labeled SP-I prepared by William F. Collins, AIA Architects, LLP and dated 9/13/10 last revised 11/10/11. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will resuk in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is' de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dinizio, Horning. Member Goehringer was absent. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ~ / /(a /2012 LEGEND O' 500' 1000' 2000' SITE 1 "= 1000'--0" S--'~-~: 1000'-0" ~ FACILITY NOTES: c) D) E) F) G) H) A) PROPOSED FEATURES LABELED AS SUCH; ALL ELSE EXISTING OR FUTURE BY OTHERS B) THE PROPOSED PUBLIC UTILITY WIRELESS COMMUNICATIONS FACILITY IS UNMANNED AND WILL BE VISITED APPROXIMATELY ONCE A MONTH FOR MAINTENANCE PURPOSES; THEREFORE IT IS NOT ANTICIPATED TO GENERATE ADDITIONAL NOISE, FUMES, VIBRATIONS, DUST, ODORS OR TRAFFIC. NO ADDITIONAL PARKING IS REQUIRED FOR THE PROPOSED USE, AS THIS IS AN UNMANNED SITE. NO SOLID OR LIQUID WASTE WILL BE PRODUCED BY THE PROPOSED USE, AS THIS IS AN UNMANNED SITE. NO WATER OR SEWAGE FACILITieS ARE REQUIRED FOR THE PROPOSED USE. THERE WILL BE NO COMMERCIAL OR RETAIL SIGNS, NOR SPECIAL LIGHTING FOR THE PROPOSED SITE. I) FIRE PROTECTION AND SECURITY PROVISIONS WILL INCLUDE REMOTE MONITORING OF THE SUBJECT SITB N/A - THE ANTENNA AND ANTENNA MOUNT STRUCTURAL DESIGN BY OTHERS SHALL BE IN ACCORDANCE WITH CHAPTER 16, CHAPTER 17, CHAPTER 18, CHAPTER 19 AND SECTION 3108 OF THE BUILDING CODE OF NEW YORK STATE. THE CONSTRUCTION OF THIS FACILITY SHALL ALSO BE IN COMPLIANCE WITH CHAPTER 27 OF THE BUILDING CODE OF NEW YORK STATE AND NFPA 70, FOR ELECTRICAL WORK AND GROUNDING. SITE PLAN NOTES: 1) N/A -- ALL CONCRETE CURBING, SIDEWALKS, AND DRAINAGE STRUCTURE SHALL CONFORM TO BUILDING DEPARTMENT STANDARD DETAIL AND SPECIFICATION. 2) TOWN OF SOUTHOLD BUILDING DEPARTMENT SHALL BE NOTIFIED 48 HOURS IN ADVANCE OF ALL CONSTRUCTION. B) N/A - LOCATION AND GRADES FOR CURBS AND WALKS TO BE VERIFIED WITH THE TOWN OF SOUTHOLD HIGHWAY DEPARTMENT, SCDPW, OR NYSDOT PRIOR TO CONSTRUCTION, 4) N/A - ALL TRAFFIC CONTROL DEVICES, IR. SIGNALS, SIGNS, AND PAVEMENT MARKINGS SHALL BE INSTALLED IN CONFORMANCE WITH THE GUIDELINES OF THE NEW YORK STATE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES AND AS DIRECTED BY THE TOWN OF SOUTHOLD, DIVISION OF TRAFFIC CONTROL SAFETY. 5) N/A - THE CONTRACTORS PERFORMING ANY AND ALL TRAFFIC CONTROL DEVICES LAYOUT AND INSTALLATION WORK SHALL NOTIFY THE TOWN OF SOUTHOLD DIVISION OF TRAFFIC SAFETY, 48 HOURS IN ADVANCE OF BEGINNING SUCH WORK ALONG A TOWN ROAD. 6) N/A - ALL PAVEMENT MARKINGS REQUIRED SHALL BE THERMOPLASTIC (SUFFOLK COUNTY SPECIFICATIONS) UNLESS OTHERWISE NOTED ON PLAN. 7) STOP LiNE SIGHT DISTANCES SHALL BE MAINTAINED AT ALL INTERSECTION IN ACCORDANCE WITH AASHTO REQUIREMENTS. EXISTING 565,04`7 ::ESQ, FT OR 1) AREA OF PARCEL 8.55 :EACRES 2) AREA OF EQUIPMENT AREA 264 SQ. FT. B) PERCENT OF LOT OCCUPANCY .00073% 4`) AREA OF PAVING/CONCRETE PAD 14`,955 ::k SQ.FT. PROPOSED EXISTING - NO CHANG EXISTING - NO CHANQ EXISTING - NO CHANG! EXISTING - NO CHANGI 5) AREA AND PERCENT OF NATURAL 162,765 :J:SQ. FT OR VEGETATION TO REMAIN PERMANENTLY 5.76 fi:ACRES EXISTING - NO CHANG 6) AREA AND PERCENT OF SITE AREA N/A N/A REVEGETATED BACK TO NATURAL 7) AREA AND PERCENT OF N/A N/A TURF AND LANDSCAPING 78,400 :E SQ, Ff. 8) AREA AND PERCENT OF NON-FERTILIZER DEPENDENT VEGETATION EXISTING - NO CHANGE 9) PARKING N/A N/A 10) LANDBANKED STALLS N/A N/A 11) LOADING N/A N/A 12) DATUM U.S.C. & G.S. OR T.O.B. DATUM U.S.C. & G.S. DATUM U.S.C, & G.S. 13) INTENDED USE OF PROPERTY EXIST. POWER TRANSMISSION EXISTING - NO CHANGE POLE ROUTE 14-) DEPTH TO GROUNDWATER EXISTING TO REMAIN EXISTING - NO CHANGE 15) ZONING LIMITED BUSINESS (LB) EXISTING - NO CHANGE 16) SUFFOLK CO. TAX NUMBER(S) EXISTING - NO CHANGE DIST. 10001 SEC.45, BLK. 1, LOT 14.1 SITE PLAN W/WETLAND MARKERS "LAND FLAG 4 X - X AREA X SEE ENLARGED EQUIPMENT PLAN 1/SP-2 FOR MORE INFORMAllON x EXISTING 84`'-0" WOOD UTILITY POLE TO REMAIN. LOCATION OF EXISTING CONTACT SIGNAGE TO REMAIN.- EXISTING LIGHTING TO REMAIN EXISTING SAFETY/CONTACT SIQNAGE TO REMAIN (TYP) -- X NX~\k k \ \ X N X \ N N N \ \ \ % \ X X / X EASEMENT AS SHOWN IN X BOX 11902 -- PAGE 781 LIEIER x I X X PARKING LOT IN USE BY PATRONS OF ~3U$1NESS ON TAX LOT 12 /AREA OF EXISTING / NON-FERTILIZED DEPENDANT / VEGETATION TO REMAIN NOTE: NO EXISTING TREES/LANDSCAPiNG TO REMOVED OR CHANGED DO TO THIS INSTALLATION. ALL SETBACKS ARE BASED ON THE BOUNDARIES OF THE LIPA CLEARED RIGHT-OF-WAY. EXISTING NATURAL VEGETATION/TREE LINE TO REMAIN (TY'P) BE ANY PROPERTY OR EASEMENT LINE MARKER INFORMATION SHOWN HEREIN IS BASED THAT IS DISTURBED AS A RESULT OF THIS UPON A SURVEY PREPARED BY: BBV CIVIL PROJECT SHALL BE REESTABLISHED IN PLACE ENGINEERS, SURVEYORS, PLANNERS 175A BY A PROFESSIONAL LAND SURVEYOR TO COMMERCE DRIVE, HAUPPAUGE, NY ACCURATELY DELINEATE LIPA PROPERTY OR 11788, JOB NUMBER A00155, DATED BASEMENT LINES. APRIL 12, 2010, UPDATED AUGUST 11, 2010. ENVIRONMENTAL REVIEW & DISCLAIMER: PRIOR TO STARTING CONSTRUCTION, THIS NOTE' PROJECT MUST BE REVIEWED BY QUALIFIED PERSONNEL TO VERIFY THAT THIS PROJECT PROPOSED T-MOBILE EQUIPMENT, & ETC, TO IS COMPLIANT WITH ALL FEDERAL, STATE AND BE PAINTED A NEUTRAL COLOR (BROWN) SO LOCAL ENVIRONMENTAL, WETLAND AND AS TO REDUCE VISUAL OBTRUSIVENESS. ENDANGERED SPECIES REGULATIONS. AREA OF EXISTING NON-FERTILIZED DEPENDANT VEGETATION TO REMAIN 'ED ~EE Ol ;ISION // XEXISTING MEANS . OF ACCESS / FROM MAIN / ROAD TO REMAIN OH MAIN ROAD LONGITUDE: 41' 05' 33.52" N LATITUDE: 72' 2B' 25.95" W O' 10' 20' 40' 1 "=20'-0" WILLIAM F. COLLINS, AIA A R C H I T E C T S, LLP 12-1 TECHNOLOGY DRIVE ,S~TAUI~T, NY 11733 VOICE : 631-6~-8450 FAX: 6.tl-689-8459 http://www.wfcaia.com CONSULTA~. ISSUED FOR PRELIMINARY REVIEW REVISED PER ATTORNEY COMMENTS REVISED PER ATTORNEY COMMENTS ISSUED FOR FILING MAI~' ~OAD · T. Mobile · III · Northeast. LLC 3500 SUNRISE HWY. SUITE D-203 GREAT RIVER, NY 11739 SOUTHOLD SUBSTATION LI13058A ~ ROAD SOUTHOLD, NEW YORK 11791 SEC. 45, BLIC 1, LOT 14.1 srrE PLAN W/WETLAND MARKERS KEY MAP, LEGEND AND NOTB DATE: ~ NO.: 09/13/10 10-8705 ,~.AL,E: DRAWING NO.: AS NOTED DRAWN IP/: 8SA SP-1 8I~T 'IqO3 2 OF SUFFOLK COUNTY OPEN SPACE P.O. BOX 6100 HAUPPAUGE, NY 11788 SECTION 44 BLOCK 4 LOT 3.1 P.O, BOX 321 GREENPORT, NY 11944 SECTION 53 BLOCK 1 LOT 1.5 AGRICULTURAL LAND / / / RESIDENTIAL LOW DENSITY A ZONE TF UI TO OR 33 MELVILLE RD HUNTINGTON STA., NY LOT 3 P.O BX 70 GREENPORT, NY 11944 FRAME MOTEL I SM BRICK RETAIL LOT 13 SUFFOLk COUN?( P.O. BO( 6100 HAUPPAUGE NY 11788 LOT 4 LIGHT INDUSTRIAL ZONE SECTION 53 BLOCK 1 SUFFOLK COUNTY OPEN SPACE P.O, BOX 6100 HAUPPAUGE, NY 11788 SECTION 45 BLOCK 1 LOT 9, 1 'RESIDENTIAL LO DENSITY A ZONE P.O. BOX 6100 HAUPPAUGE, NY 11788 SUFFOLK COUNTY OPEN SPACE LIMITED ZONE LOT 10 ........ __ ROAD OW S PINE NECK ROAD SOUTHOLD, NY 11971 LOT I RBTERS SEVEN ACRE FARM· 69700 MAIN RD, GREENPORT, NY 11944 I S~,FRAME RES~ENCE INC., LOT 2 AGRICULTURAL LAND LIGHT INDUSTt~IAL/ OFFICE PARK ZONE / / / / :T~)WN OF SOUTHOID LOT 5 TOWN OF SOUTBOLD OPEN SPACE SECTION 45 BLOCK 5 LAND USAGE AND 500' RADIUS DETERMINATIONS ~ SCALE: 1"=1 00'-0" NOTE: - NO LANDMARKS LISTED BY FEDERAL, STATE OR TOWN AGENCIES EXIST WITHIN 300' OF THE SUBJECT PROPER?f PER INFORMATION PROVIDED BY THE TOWN OF SOUTHOLD LANDMARK PRESERVATION COMMISSION - THE SUBJECT PROPER~ LIES WITHIN 300' OF MAIN ROAD (NYS ROUTE 25) WHICH IS CLASSIFIED AS A NYS SCENIC BY~AY ON THE TOWN OF SOUTHOLD LOCAL WATERFRONT REVITALIZATION PROGRAM SCENIC BYWAYS MAP II-lB PRODUCED BY THE NYS DEPARTMENT OF STATE, DIVISION OF COASTAL RESOURCES GIS UNIT IN APRIL 2003 - THE SUBdECT EQUIPMENT COMPOUND LIES 396' FROM MAIN ROAD (NYS ROUTE 25) / ,/ LOT 8 P.O. BOX 611 ~ /HAUPRAUGE, 1788 <, 1.5 ST'K FRAME - MUTI-FAMILY RESIDENCES / / / / / SECTION 45 BLOCK 2 LOT 10.5 0 0 P C 33 FAIRBANKS BLVD. WOODBURY, NY 11797 DENOTES LOT LINE DENOTES ZONE LINE DENOTES SECTION LINE LIMITED BUSINESS ZONE O' 50' 100' f'=lO0'-O" 200' WILLIAM F. COLLINS, AIA ARC H I T E C T $, LLP 12-1 TF. CItN'OLOGY DRIVE SErAUKET, ~ 11733 VOICE : 631-689-8450 FAX: 814t~-8459 http:/ / w ww.wf eaia.eom OONSULTAlq~. RECE[~/ED NOV 1 2 BOARD OF APPEALS t~'V]SiON ISSUED FOR PRELIMINARY REVIEW REVISED PER ATTORNEY COMMENTS REVISED PER ATTORNEY COMMENTS REVISED PER ATTORNEY COMMENTS ISSUED FOR FILING M AI'~I~ F~OAD · I:...Mobile- Northeast. LLC 3500 SUNRISE HWY, SUITE D-203 GREAT RIVER, NY 11759 SOUTHOLD SUBSTATION LI13058A ~ ROAD SOUTHOLD, NEW YOB 11791 SEC. 45, BLK. 1, LOT 14.1 VICINITY MAP W/LAND USAGE AND 500' RADIUS DETERMINATIONS I]~: 1~ NO,: ~ AS09/13/10NOTED DRAW~IG NO.: 10-8705 SP-1A ~ PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLLgM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR 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.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: MEMORANDUM Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals Donald J. Wilcenski, Chair ~J ~ Members of the Planning Board RECEIVED JAN 2 4 ?fi,? BOARD OF' APPEALS Date: January 24, 2012 Re: Request for Comments for T-Mobile Northeast, LLC SCTM#1000-45.-1-14.1 ZBA# 6433 The Planning Board has reviewed your request for comments for the above- referenced application for variances for this wireless facility, and supports the application for the following reasons. The subject wireless facility is located within an existing LIPA substation and is situated approximately more than 500' from the nearest residence. The surrounding parcels and area have little or no potential of any residential development due to the existence of the Arshamomaque Lake Preserve to the north which is a Public Town/County Partnership Open Space (passive use) and an 8.2 acre parcel to the east which is currently Public County Open Space (passive use), furthermore, the site is naturally well-screened by surrounding woodlands which effectively limits the wireless facility's view from NYS Rt. 25 and nearby developed parcels. Although the pole (84 feet) exceeds the allowable height of 45 feet in this zoning district, it already exists and the antennas ara flush-mounted to reduce visibility as much as possible. The pole and the equipment cabinets are set back approximately 400 feet north of SR 25 and are not highly visible from outside the property due to the dense vegetation and tall trees that mitigate visual impacts. The applicant will need to provide potential fall zones as part of the site plan review however; the site is not open to the public so there will be no adverse impact on parking or traffic flow at the site. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECL~/ED NOV I $ 2010 BOARD OF APPEALS THOMAS A. ISLES, A.I.C. P DIRECTOR OF PLANNING November 8, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Mr. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Rose, Donald & Janis The Henry L. Ferguson Museum, Inc. T-Mobile Northeast Friszolowski, Chester Municipal File Numbers #6430 #6431 #6433 #6434 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 PLANNING BOARD MEMBERS \ Char ~ ~NNETH L. EDW~DS ~ ~os~r~ ~. DON~D J. ~LCENS~ 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 RECEIVED NOV 17 2010 MEMORANDUM BOARD OF APPEALS roi Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date November 15, 2010 Re: Request for Comments for T-mobile, Grecnport SCTM#1000-45-1-14.1 ZBA# 6433 The Planning Board received your request for comments regarding a request to maintain a wireless facility and replace 3 antennas on an existing 84-foot pole with a related base equipment ama for the above referenced application. It should be noted that this application requires an application for site plan and special exception consideration submitted to the Planning Board for review. However, based on the information your office has provided, the following information is for your consideration: In connection with the site plan review, the Southold Town Planning Board is required to review the application to determine whether it satisfied the requirements for a special exception pursuant to Town Code Section 280-142 as follows: a. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. b. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. c. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. ZBA# 6433 Page 2 November 16, 2010 d. That the use is in harmony with and promotes the general purposes and intent of this chapter. e. That the use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and over-all appearance. f. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The Southold Town Planning Board will also review the application to determine whether it met the additional standards for a Special Exception Approval for a Wireless Communication Facility pursuant to §280-73B as follows: a. Modification of the existing facility for a co-location of another wireless carrier has been found to be a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. b. The applicant is co-locating their antennas on an existing antenna support structure. c. It is more feasible to co-locate the antennas on the existing structure rather than construct a new structure. Additional comments are for the Zoning Board's consideration regarding the relief requested: a. It would appear that such a use would be appropriate located on the subject parcel. The site is owned by LIPA and used as a substation for electrical power so a wireless facility located here will cause no change to the use of the site. b. The property is surrounded by similar uses. The properties to the south (across SR 25) are zoned LI and LIO, LB to the west of the site, and the MTA owns the parcel to the north and the County owns the parkland to the east zoned R-80. It should be noted that there are no residential dwellings in close proximity to the wireless facility. Therefore, the proposed use is in keeping with the nature and character of the surrounding area. c. Although the pole (84 feet) exceeds the allowable height of 45 feet, the utility pole already exists and the antennas are flush-mounted to reduce visibility as much as possible. The pole and the equipment cabinets are set back approximately 400 feet north of SR 25 and are not likely to be visible from outside the property due to the dense vegetation and tall trees that will mitigate potential visual impacts. d. The applicant will need to provide potential fall zones as part of the site plan review however it should be noted, the site is not open to the public so there will be no adverse impact on parking or traffic flow at the site. Contact the Planning Office with any questions you may have. Thank you. · T-- -Mobile- Northeast. LI C 3500 SUNRISE HIGHWAY GREAT RIVER, NY 11739 CELLULAR COMMUNICATION EQUIPMENT SITE NO. LII3OSSA /SOUTHOLD SUBSTA T/ON] MAIN I?OAD, $OUTHOLD. NY I 1971 WILLIAM E COLLIN~ Al A R C H I T E C T ~ LL P NO. 1~8705 DIRECTIONS: PAUL LaPASOTA DATE NAMITSHARMA DATE DATE DISAPPROVED/REVISE DISAPPROVED/REVISE DATE RE, NIELSEN, HUBER AND COUGHLII~ATE APPROVED ^PP~OVED AS NOPED DISAPPROVED/REVISE APPROVED A?PROVED AS NOTED DISAPPROVED/ REVISE LATITUDE: 41 ' O5' 3322' N LONGITUDE: 72' 23' 20.9S' tzY TITLE SHEET O? T-. -Mobile- Northeast LLC EourPMENT GROUNDING PLAN & DETAILS 04/20/10 0R/03/~ o ~CE 24FORMATION SOUTHOLD SUmmATION MAIN ROAD SOUTHOLD, NY 11791 LI I 3058A COLLOCATION UTILIT~ POLE TITLE SHEET ~ GENERAL NOTES: NOTE SURVEY DISCLAIMER: ~L J i~ THEREFROM, HIGH VOLTAGE ~ i ~ ~ 6. ALL N~ MATERIALS AND INSTAL~ONS SHA~ BE IN ACCORDANCE WITH THE MANUFACTURERS ~TEST AREA ~l I · . R~AINED BY THE OWNER. SHALL BECOME THE PROPER~ OF THE CONTRACTOR AND BE REMOVED FROM ~ ~ ~ ~ WITHIN 24 HOURS. CONTRACTOR SHALL SUSPEND WORK IN THE 'FECTED AR~ UNTIL SUCH A,tME THAT ' /' SAID AR~ IS CER~FIED CONTAMINATION-FREE, IN THE INTERIM, THE CONTRACTOR SHALL END~VOR TO ' J ~~ ~ _. o '; { THERESOHEDULE WORK TO AR"S UNAFFECTED BY SUSPECTED CONTAMINATION IN ORDER TO MINIMIZE DE~Y TOpRoJECT SCHEDULE. ~ .... ~ ~ / ~'". ~. PR~ENTION AND BUILDING CODE. AND ALL OTHER APPLICABLE CODES AND REGU~T,ONS ¢ ~ g ~'" " I CERTIFICATE SHALL B~ 08TALKED FOR ALL ELECTRICAL WORK. AND SUPPUED TO THE OWNER AND ARCHITECT % ,, ~ W~H NEW YORK STATE AND NATIONAL ELECTRICAL CODES A N~ YORK BOARD OF FIRE UNDERWRITER'S -" aENE AL NO S= / ~ ~ ~ ~ ~ ~ ~ ~[~ StTE WOrK ~0 CONSOa~ TO tHE reTEST TOW~ ~ PAR~AL ARCH~ECTURAL S~E PLAN . it / MAIN ROAD X RECEIVED OCT 2 BOARD OF APPEALS O' 50' 1" = tO0'-O' !00 10-8705 T-- .Mobile- Northeast LLC 5500 SUNRISE HWY. SOUTHOLD sLrBb~ATION MAIN ROAD SOUTHOLD, NY I 1791 Lt13058A COLLOCATION UTILITY POLE FULL SITE PLAN A-la EXISTING 4'-O" WIDE LOCKABLE SWING GATES TO REMAIN, TYPICAL FOR [2] EXIS1]NG SECTOR 'C' AN~NNA TO BE REPLACED, IN PLACE, wm-I NEW SECTOR 'C' ~NN~S, (~P. (1) PER SECTOR). SEE DE"rAIL 5/A-5 FOR ADDmONAL INFOR MA~ON EXISTING 6'-O' HIGH CHAIN LINK FENCE WITH (2) 4'-O" WIDE LOCKABLE GATE TO REMAIN EXISTING SECTOR 'B' AN'[ENNA TO BE REPLACED, IN PLACE.. WITH NEW SECTOR *a' ANTENNAS, (TIP, (1) PER SECTOR), SEE DETNL 3/A--3 FOR ADDmONAL INFORMATION (2) EXISTING EQUIPMENT CABINETS TO REMAIN EXISTING CONCRETE SLAB TO REMAIN 1~ ENLARGED EQUIPMENT PLAN SCALE: 3/1 6"=1 '-0" NOTE: (1) CABINET TO BE ERICSSON RBS .3106 WCDMA MACRO OUTDOOR BASE STATION CABINET SUPPLIED BY T--MOBILE, AND INSTALLED BY CONTRACTOR. REFER TO CABINET MANUFACTURER SPECIFICATIONS AND DRAWINGS FOR MORE INFORMATION SPECIFICATIONS FOR ERICSSON RBS S $5' TALL x 427' WIDE × 3.O4' DEEP CELL CAPACITY 1-12 CELL CARRIERS PER CABINET WEIGHT; 1874 LBS FULLY EQUIPPED (3X4 CONFIGURATION, 200 Ah BAKERY) ELECTRIC REQUIRED: 2OS-250 VAC (l PHASE), 100-433 VAC (2--3 PHASE) PURCELL EQUIPMENT CABINET MOUNTED TO UMTS CABINET -- .~_/TYPICAL UMTS CABINET DETAILS SCALE: 5/8"=1 SECURE NEW T-MOBILE SASE STATION CABINET SLID-SASE TO NEW PRECAST CONCRETE PAS WITH 1/2" S/S RODS SET IN HILTI MIT HY CHEMICAL ANCHORS MINIMUM 5-i/2" EMBEDMENT (TYP) (1) NEW UMTS CABINET SECURED TO PRECAST CONCRET~ pAD, SET ATOP GRADED AREA WITHIN THE EXISTING EQUIPMENT COMPOUND. SEE DETAIL 2 THIS SHEET NEW T-MOBILE PURCELL EQUIPMENT CABINET MOUN~ED TO PROPOSED UMTS RBS5106 EQUIPMENT CABINET EXISTING SECTOR 'A' ANteNNA TO BE REPLACER, IN PEACE. WffH NEW SECTOR 'A' AN'[ENNAS, (TYP. (1) PER SECTOR). SEE DETNL 5/A-~, FOR ADDmONAL INFORMATION EXISTING ELECTRIC METER AND DISCONNECT TO REMAIN EXIS~ING ~l.CO PANCL AND MOUNTING FRAYE TO DE REMO~'~D AND REPLACED. IN PLACE, Wi'iH NEW UNISTRUT H--FRAME FOR TMA's. SEE DETNL 3, THIS SHEET FOR ADDmONAL INFORMA'nON (2) NEW T--MOBILE BOOER CABINETS, SET ATOP EXISTING EQUIPMENT PAD (1) EXISTING CPS UNIT MOUNTED TO EQUIPMENT CABINET TO REMAIN NOTE: UNISTRUT PIO00 EQUIPMENT HOT DIPPED GALVANIZED RACK TO BE HIGH STRENGTH SALV POST CAP 2"¢ CALV. SCHEDULE 40 PIPE UNISTRUT P1000 BRACE {AS AT[ACH UNISTRUT TO POST WITH 3/B'*¢ GALV. U--8OLTS. PROVIDE ALL NECESSARY HARDWARE WATERPROOF SEALANT 3/4" CHAMFER ('PCP) RESTORE EXISTING SURFACING AT AREAS DISTURBED BY TRENCHING TO MATCH EXISTING 12"¢ SONOTUBE FORMED CONCRETE FOOTINGS PAINT PORTIONS OF POST TO BE EMBEODED IN CONCRETE VvlTH CUT BACK ASPHALTIC PAINT (TYP) DETAIL ~ UNISTRUT H-FRAME SCALE: I/4"=1'-0" WILLIAM F. COLLINS, AIA A R C H I T E C T S, LLP 10-8705 · T.. -Mobile- NoF[h~st LLC- 3500 SUNRISE HWY SUITE D-203 GREAT RIVER, NY 11739 ~H/ E~FOR~T~ON SOUTttOLD SUBSTATION MAIN ROAD SOUTHOLD, NY ! 179! L I 13058A COLLOCATION UTILITY POLE ENLARGED EQUIPMENT PLAN & DETAILS ~"T.O. EXISTING WOOD UTILITY $±81'-3' ~. OF EXISTING& NEW T-MOBILE ANTENNAS (1YP. AT ALL SECTORS) (~ T.O.cABiNETsEX. EQUIPMENT ~DRADE ~ NORTHWEST ELEVATION SCALE: 1"= ~0'-0' (3) EXISTING T-MOBIL~ ANTENNA TO BE REPLACED, IN PLACF_.. ~ (S) NEW T--MOBiLE ANqEWNAS (TYP. (1) PER SECTOR). SEE DETNL 3/A-3 84'-0" HIGH WOOD UTILITY POLE TO REMAIN (2) EXISTING EQUIPMENT CABINETS ATOP EXISTING CONCRETE SLAB TO REMAIN {1) EXISTING GPS UNIT MOUNTED TO EXISTING EQUIPMENT CABINET TO REMAIN EXIS'nND TEl_CO PANEL AND FRAME, BEYOND, TO BE REMOVED AND RE:PLACED. IN PLa, CF-, WlI'H NEW UNIS'~RUT H--FRAME NEW PURCELL EQUIPMENT CABINET MOUNTED TO SIDE OF NEW UMTS EQUIPMENT NEW UMTS CABINET SECURED TO PRECAST CONCRE'r~ PAD, SET ATOP GRADED AREA WITHIN 1HE EQUIPMENT COMPOUND. SEE DETAIL 2/A-2 6'-0' HIGH CHAIN LINK FENCE WITH (2) 4'-0" WIDE LOCKABLE GATES TO REMAIN (2) NEW BOOSTER CABINETS ATOP EXISTING CONCRETE SLAB. SEE DETAIL 4/A-S IF ~) TYP. UTILITY TRENCHING DETAIL SCALE: .3/4" = 1'-O" TOP vIEW 4 7/8" .[. 12.5" ~ 125" MECHANICAL INFO -WEIGHT: 256 LBS. --MAX WIND LOAD (@100MPH): ]45 LBF MAX WIND SPEED: 150 MPH -HARDWARE MATERIAL: HOT DIPPED GALVANIZED -CONNECTOR TYPE: 7 16 DIN, FEMALE (4) -COLOR: LIGHT GRAY STANDARD MOUNTING HARDWARE: TM600899A 2 IANTENNA I ~ANDREW - DECrDEL -PART NO: ADFD182A-6565D-XDM -~45' DUAL ROLE QUAD ANTENNA · FULLY COMPATIBLE WITH ANDREW TELETILT®  TYPICAL ANTENNA DETAILS SCALE:~ ~ I (rm.) DETAIL * BOOSTER CAB. SCALE: 5/8" = 1' 0" RECEIVED OCT 2 $ 2010 BOARD OF APPEALS WILLIAM F. COLLINS, AIA A R C H I T E C T S, LLP ~ PJU)IJ)L-'~ NO, 104)705 · T-. -Mobile. Northeast LLC 3500 SUNRISE HWY SOUTttOLD 8UIIgrATION MAIN ROAD SOUTHOLD, NY 1179 I L I 13058,A COLLOCATION UTILITY POLE NORTHWEST ELEVATION & DETAILS ANTENNA SCHEDULE ANDREW: ADFDI82A--GBGBB-XDM ANDREW: ADFD182A 6565B-XDM EXISTING EXISTING EXISTING ANTENNA SCHEDULE SCALE: N T,S BILL OF MATERIALS DESCRIP~ON MANUFACTURER PART NORTEL S18000 BTS - NORTBL CABLEWAVE BAttERY CABINET BOOSTER CABINET PPG CABINET ANDREWS MAGNETEK CCI MARCONI UMTS CABINE[ ERICSSON RBS 3106 TMA: f~YlN AWS EQUIPMENT CABINET PURCELL RAG24 LEGEND NEW EXISTING FUTURE ~ f-----I b__--I TYP. SECTOR CABLE ROLrI1NG POL ANTENNA (TYP. 1 PER SECTOR) STD JUMPERS CABLE CABLES 8'-O' SUPERFLEX JUMPERS GENERAL NOTES I ALL INDICATIONS OF NORTH ARE FOR REFERENCE ONLY. CONTRACTOR TO VERIFY iN FIELD TRUE NORTH PRIOR TO SECTOR ANTENNA INSTALLA'RON. 2. CABLE LENGTHS LISTED ARE APPROXIMATIONS BASED ON THESE PLANS AND ARE NOT INTENDED TO BE USED FOR ORDERING CABLE ALL CABLE LENGTHS MUST BE V.I.F. 5 THE CONTRACTOR SHALL INSTALL BRASS TAGS (SUPPLIED BY T-MOBILE) AT EACH END OF ALL ANTENNA CABLES DENOTING THE NUMBER OF TAPE MARKING BANDS AND DOLOR OF TAPE MARKING SANDS 4. ANTENNA CASLES WILL BE COLOR CODED AT THE ANTENNA, FILTER INdECTION CABINET, JUMPER CONNECTIONS AND THE BTS CASINET 5. THE CONTRACTOR SHALL INSTALL DRIP LOOPS ON ALL ANTENNA AND JUMPER CABLES 6 THE CONTRACTOR SHALL INSTALL ADDITIONAL CABIE SUPPORTS AS NEEDED TO MAINTAIN A MINIMUM SPACING OF S'--O" ON CENTER · THE CONTRACTOR WILL RECORD THE LOCATION AND SERIAL NUMBERS OF ALL ANTENNAS, ANTENNA CONTROLLER MOTORS, AND THEIR CORRESPONDING INSTALLED LOCATION AT THE TIME OF CONSTRUCTION 8 ALL ANDREWS MOTORS ARE GENDER SPECIFIC, AND WILE BE WIRED STARTING WITH THE MALE END OF THE CABLE AT THE BTS AND CONTINUE ALONG THE RUN FOLLOWING TBE 'FEMALE UP RULE' MIN. CABLE BENDING RADIUS 1/2' CABLE (LDF-4-§0B) 5" 015 LBS. J0 65" i,o.' io3; LBS. I,:B"I 1 1/4" CABIZ (LBF-6-$0A) 15" 0.63 LBS J1:~5" I 5/8 CABLE LOF-7-50A) 20" 082 LBS Jl 9B" UNLESS OTHERWISE NOTED: FOR SECTORS 0'-~00' USE 7/8' ¢ CABLE FOR SECTORS 10~'-150' USE ~ 1/4" ¢ CABLE FOR SECTORS ~51'& ABOVE USE EX ¢ CABLE TX/RX TX/RX TX/RX TX/RX TX/RX ~ ~ TX/RX z ~ TX/RX ~ ~ TX/RX ~ ~ TX/RX ~ ~ TX/RX ~ d TX/DX TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX ~ ~ TX/RX ~ TX/RX ~ ~ TX/RX ~ ~ TX/RX ~ ~ TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX TX/I~X TX/~X TX/RX CTx/RX Tx/Rx TX/RX IX/RX TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX TX/RX ~EX SUPERFLEX JUMPER (TYR) E/--EX~ JUMPER (TYP) DIN (F)/ SECTOR 'A'~ DIN (F) r IST QUAD POL lNG CABLE (~PrP FOR SECTOR "A") DIN 3DDD []tirol ~ HC~c] ~J~ANDREYE AD .FO 182A-65.65B- XGM SECTOR 'B' DIN (E) DIN ---ID DIN (M)[] ~EXIST[N0 CABLE (TYP FOR SECTOR "B")~ DIN (M) QUAD POL ]O [] J--1 F--ID-~-D 3o [] I--I r=i SECTOR 'C' DIN (F) DIN (F) DIN (M) EXISTING CABLE (TYP FOR SECTOR "C') .iD [] r~ ~ DIN (M) QUAD POL r!O 0 ~ OAP-D A?PE'ALS WILLIAM F. COLLINS, AIA A R C H I T E C T S, LLP WFC ~Jt~ NO. 10-8705 · T-. -Mobile- Northeast LLC 3500 SUNRISE HW¥ SOUTHOLD SUBSTATION MAIN ROAD $OUTHOLD, NY I 1791 LI I3058A COLLOCATION UTILITY POLE ANTENNA SCHEDULE, B.O.M., & ROUTING SCHEMATIC BILL OF MATERIALS SCALE: NT S _ ABBREVIATIONS AND LABELS 1. ELECTRIC: EXISTING 100AMP SERVICE TO BE UPGRADED BY POWER COMPANY TO 208V OR 240% 2P, 3 WIRE FEEDER AFF ABOVE E~NISHED FLOOR AFG ABOVE FINISHED GRADE 2. UTILI~ METER: EXISTING UTILITY METER -- AWG AMERICAN WIRE GAUGE 3 TELEPHONE: EXISTING TELEPHONE SERVICES TO REMAIN AND TO BE EXTENDED TO NEW CSC CABINET C CONDUIT CB CIRCUIT BREAKER 4 CONDUIT ROUTING: THE ROUTING OF THE CONDUIT SHALL BE SUCH THAT THE EASIEST AND MOST PRACTICAL METHODS ARE EMPLOYED WITH MINIMAL ~MPACT UPON THE ONGOING SITE ACTIVITIES AND THE AESTHETIC APPEAL OF THE SAID SITE THE WORK BEING EMT : ELECTRICAL METALLIC TUBING DONE MAY BE WITHIN EXISTING STRUCTURES. DRAWINGS ARE DIAGRAMATIC AND IT IS NOT THE INTENT TO SHOW EVERY JUNCTION BOX, LB, CONDUIT BEND, ETC. BUT RATHER TO INDICATE COMRLETE SYSTEMS AND THE DESIGN INTENT. It IS FOR THIS REASON THAT THE GND I GROUND UNE TYPES CONTRACTOR MUST VISIT THE SffE BEFORE SUBMI3TING THE BID AND UNDERSTAND THE TRUE NATURE OF THE REQUIREMENTS AT THAT I SITE CONTRACTOR SHALL PROVIDE ALL COMPONENTS AND APPURTENANCES NECESSARY, WHETHER SHOWN ON THE DRAWINGS OR NOT, MCI METAL CLAD CABLE FOR A COMPLETE AND FUNCTIONING SYSTEM AND INCORPORATE ALL COSTS FOR THE SAME IN THE BASE BIO MCB I MAIN CIRCUIT BREAKER E EXISTING ELECTRIC S. EQUIPMENT: ALL PANELS, DISCONNECTS, AND EOUIPMENT SHALL BE SQUARED UNLESS DIRECTED OTHERWISE BY THE ARCHITECT OR MOP MAIN DISTRIBUTION PANEL T -- EXISTING TELEPHONE T--MOBILE COMMUNICATIONS, lNG PROJECT MANAGER MOB MASTER GROUND BAR DESIGN CRITERIA ELECTRICAL DESIGN AND S,ALL COORB,NATE THE ABBREVIATIONS c.cu Ts SNALL GONS,ET OF PULLED CONUOCTORS ,. °.EOT BUR,ED SD.EUULE 40 PVC CO.OU,TS. W. ERE .EAW VE.= TRAEF, DONDUCTOR~ IN UOUID TIGHT Ege×l~ge STEEL CONDUIT, MAXIMUM ~' IN LENGTH BA~L,OARD (~ .~_~..~.J~'~T~;, ELLW / 3~ WIRING CRITERIA WHERE APPLICABLE ~ SYMBOLS UTILII~' POLE (~) ~u,t~ t 1TTIL]] GENERAL ELECTRIC NOTES & SYMBOLS E-1 8 ABBREVIATIONS AND LABELS AFF ABOVE FINISHED FLOOR AFG ABOVE FINISHED GRADE AWG AMERICAN WIRE GAUGE C CONDUIT CB CIRCUIT BREAKER EMT ELECTRICAL METALLIC TUBING CND GROUND -EXISTING OVERHEAD ELECTRIC NEW T--MOBiLE EQUIPMENT. SEE DETAIL 1/A-2 MAIN ROAD NOTE: REFER TO DETAIL 2/~--B FOR ELECTRIC CONDUIT TRENCHING .8ERVICE PLAN THE CONTRACTOR SHALL CALL THE RESPONSIBLE UTILfi~' COMPANY PRIO~ TO, THE START OF CONBTRUCTION AND SCHEDULE AN3 REHFLrRM THE WORK UNDER THIS CONTRA(T AS TO MINIMIZE DISTURDANCEB TO THE BUILDrNG TENANTS ANY SERVICE INTERRUPTIONS SUCH AB ELECTRICAL, TELEPHONE, GAS NVAC, WATER OB ANY OTHER UTILITY OR, EXCESSIVE NOISE DISTURBANCES SUCH AS CORE O,RILLING SHALL BE COORDINATED WITH THE BUiLDIND'B MANAGEMENT RISER DIAGRAM EXISTING- NO CHANCE RISER DIAGRAM SCALE: NTS K~Y NOTES (~ (~NORTEL BLS-BASE GROUND BAR (NCR) (~ EX COAXIAL CABLE GROUNDING KiT ~)S£CTOR CABLE GROUND BAR (SCGB) AND WEATHER PROOFING (]YP AT EACH CABLE ) #2/0 AWL SOLID TINNED COPPER GROUND WIRE FROM BCGB TO EOB ~)#2/O AWG BOLLS TINNED COPPER GROUND WiRE FROM NGB TO EXTERIOR GROUND RiNG (EOB) ~5~ MLJLTIPLE (OAX[AL ANTENNA CABLES. #6 AWD STRANDED GREEN THWN INSULATED COPPER WIRE FROM COAXIAL GROUND KITS TO BCGB (~P AT EACH CABLE) 200 AMP LOCKABLE ELECTRIC POWER PANEL CONDUIT FROM THE POWER SOLJRCE TO TBE POWER PANEL BTS RISER DIAGRAM ~ 2' RGS ELECTRICAL CONDUITS SCALE: NO SCALE TELCO DEMARC BOX INSTALLED BY ~-Y CONTRACTOR SUPPLIED D'¢ T MOBILE CONDUIT FROM MAIN DEMARC SOURCE TO TELCO BOX 2" ROB TELCO CONDUIT WffH (2) (6) PAIR BELDEN '/VIRES TO CASINE~ 'A' $" ROB CONDLJIT FOR DAISY CHAIN CABLES WILLIAM K COLLINS, AIA A R C H I T E C T S, LLP NO. 1043705 · T.. -Mobile. Northeast LLC 3500 SUNRIgE HWY. SUITE D-203 GREAT RIVER, NY 11739 II,FORMATION SOUTHOLD 37dBSTATION MAIN ROAD SOUTHOLD, NY t 1791 LII3058A DF~-'HTYI~ COLLOCATION UTILITY POLE SERVICE PLAN, RISER DIAGRAMS GROUNDING KEY NOTES /~ (~ NORTEL GROUND BAR (NGB) x--~ X (~ #6 AWG STRANDED GREEN THWN INSULATED COPPER WIRE FROM COAXIAL GROUND KITS (CGK) AT COMMUNICATIONS CABINET ENTRY, TO SCGB. (~¢PICAL FOR ~ACB ANTENNA CABLE.) · ~~ ~ (~ #2/0 AWO SOLID ]]NNED COPPER WIRE FROM EACH SCGB TO EQUIPMENT GROUND R~NG (EGR). i (~ #2 AWG SOUD TINNED COPPER WIRE FROM UNISTRUT MEfER FRAME TO EDP A i~ C: H I T E C T ~ L L ~ (~ ~2 AWG SOLID TINNED COPPER WIRE FROM CABL~ TRAY TO EGR · (~ #2 AWG SOLID TINNED COPPER WIRE FROM GPS CGK TO EGR (~ COAXIAL GROUND KiT (CGK) DO NOT INSTALL ON BENDS. (SEE DI~rAILS 2 & 3/E-4.) ~ ~ ~ l~8705 ' RING. ALL CONNECTIONS ARE TO BE CAD WELDED AND SPRAYED W(TH COLD-GALVANIZED PAINT. ~ ~2/0 SOLID TINNED COPPER WIRE FROM PGR TO EQUIPMENT GROUND RING. (EGR) (~P. OF 2) ~ ~ 5/~" x 10'-0" LONG COPPER C~D STEEL VERTIC~ GROUND ROD BURRED 36" BELOW FIN GRADE. RODS SHALL BE P~CED NOT MORE THAN 15' AND NOT LESS THAN 6' APART FROM ADJACENT ~~~ GROUND RODS. (SEE D~AIL 2/E-5.) REFER TO GROUNDING SCHEMATIC · GROUNDING SYSTEM CONNECTIONS WELD ALL CONNECTIONS ) EQUIP. GROUNDING PLAN *NO GROUNDING NOTES 1/E-4 FOR ~ COPPER GROUND RODS SCALE: 1/8"=1'-0" ADDITIONAL INFORMATION ~ COPPER GROUND ROD IN TEST WELL NORTH ~ ~2 AWG STRANDED TINNED COPPER WIRE FROM FENCE POSTS TO EGR. (MULTIPLE ~AD$ REQUIRED SEE P~N FOR LOCATIONS.) ~ ~2 AWG STRANDED TINNED COPPER WIRE FROM EACH BOOS~R CABIN~ GROUND BAR TO EGR NOTE: ~ ~ ~2 AWG SOLID TINNED COPPER WtRE FROM ELEC PANEL GROUND BAR TO EGR M~HODOLOGY FOR ~P. A~ENNA ~ANT~NNA MOUNTING PIPE AND ~ ~2 AWG SOUD TINNED COPPER WIRE FROM TELCO PANEL GROUND BAR TO EGR ~ .~:,~ FOR SPECIFIC ANTENNA MOUNTING / ~ ~2/0 AWG SOLID TINNED COPPER WIRE FROM PBS 3106 GROUND BAR TO EGR Northeast EEC ~p X~ SCHEDULE, DWG A--4} LII3058A  UTILI~ POLE EQUIPMENT GROUNDING xx~ EXISTING ANTERN~ COAXIAL CABL[ TO COMMUNICATION EQUIPMENT PLAN A DETAILS ~P. A~NNA GROUNDING D~AIL ~*~ (SECTOR 'A') MULTIPLE (SECTOR ANTENNA (SECTOR 'C') (SECTOR 'A') (SECTOR 'B') (SECTOR 'C') (SECTOR 'A') (SECTOR 'B') (SECTOR 'C') GROUNDIN~G NOTES: 1. ALL GROUNDING SHALL COMPLY WITH THE MOST RECENT REOUIREMENTS OF NEC ARTICLES 250 AND 810 AND T-MOBILE STANDARDS. 2. ALL DE-fAILS ARE SHOWN IN GENERAL TERMS ACTUAL GROUNDING INSTALLATION AND CONSTRUCTION MAY VARY DUE TO SITE SPECIFIC CONDITIONS, IT IS NOT THE INTENT OF THE DRAWINGS AND SPECIFICATIONS TO DEPICT EVERY PIECE OF EQUIPMENT AND DE-rAIL BUT RATHER TO SHOW SYSTEMS TO BE INSTALLED PROVIDE SYSTEMS WITH ALL APPURTENANT EQUIPMENT OR COMPONENTS, WHEGHER SHOWN OR NOT, TO MAKE A COMPLE-fE OPERATIONAL SYSTEM IN COMPUANCE WITH THE CRITERIA SET FORTH 3. RESISTANCE TO GROUND SHALL BE 10 OHMS OR LESS, MAX. CONTRACTOR SHALL EMPLOY A GROUNDING EVALUATION COMPANY SUCH AS D&H DEVELOPMENT (515--461--2969) OR EQUAL. NOTIFY T-MOBILE PROJECT MANAGER IF THERE ARE ANY SITE SOIL/RESISTANCE CONDITIONS THAT MAY PRECLUDE OR HAMPER A PROPER AND COMPLIANT DROUNDING SYSTEM INSTALLATION GROUNDING ARRANGEMENT SHALL BE TESTED FOR COMPLIANCE WITH THE SPECIFIED CRITERIA, SUBMIT AN INDEPENDENT FALL OF POTENTIAL TEST REPORT. SHOULD THE CRITERIA NOT BE MET. CONTRACTOR SHALL COORDINATE ALL ENHANCEMENT WITH THE T--MOBILE PROJECT MANAGER PRIOR TO THE COMMENCEMENT OF SUCH ENHANCEMENT WORK 4 FOR GROUNDING OF PREFABRICATED EQUIPMENT CABINEI'S, SEE CABINET MANUFACTURER'S DRAWINGS AND SPECIFICATIONS. B, SEE GROUNDING SCHEMATIC FQR ANTENNA GROUNDING REQUIREMENTS. 6 ALL CONNECTIONS ARE TO BE MADE TO BARE METAL. THOROUGHLY PREPARE CONTACT SURFACES TO ENSURE A PROPER CONNECTION (I E FILE PAINTED AREAS) PROVIDE COATING OF AN ANTIOXIDANT COMPOUND (NO-OX, OR EQUAL) ON CONTACT SURFACES OF ALL CONNECTIONS. ALL BELOW GROUND CONNECTIONS AND EXTERIOR CONNECTIONS TO EQUIPMENT SHALL BE CAD WELDED AND SPRAYED WITH COLD-GALVANIZED PAINT ABOVE GROUND CONNECTIONS SHALL BE CAD WELDED. GROUND LUG, OR COMPRESSION FITTED FOR GROUND LUG, USE STAINLESS STEEL HARDWARE ALL BENDS, CURVES, AND CONDUCTOR SPLICES SHALL BE TOWARDS THE GROUND LOCATION (GROUNDED END) OF THE CONDUCTOR AND SHALL MEET OR EXCEED MINIMUM BENDING RADII. GROUNDING CONDUCTORS #6 AND LARGER SHALL HAVE A MINIMUM BENDING RADIUS OF 12", GROUNDING CONDUCTORS ~6 AND SMALLER SHALL HAVE A MINIMUM BENDING RADIUS O~e B". UNLESS OTHERWISE NOTED GROUNDING CONDUCTORS SHALL BE: A BE~VEEN EXTERIOR TIEMS AND BARS AND FROM SECTOR ANTENNA GROUND BARS TO TOWER GROUND BAR, ~ 2 SOLID, TINNED, COPPER WIRE B BE~VEEN GROUND KITS AND BARS, ~6 STRANDED GREEN THWN INSULATED COPPER WIRE C FROM SECTOR CABLE GROUND BARS TO GROUND RINGS, AND FROM CABINET GROUND BARS TO GROUND RING, ~2/0 SOLID, TINNED, COPPER WIRE. ALL CONNECTIONS TO BE CAD WELD 10 GRS TRANSMISSION LINES SHALL HAVE AT LEAST (1) GROUND KIT INSTALLED AT THE WAVEGUIDE ENTRANCE PORT. 11 PROVIDE ALL NECESSARY GROUNDING KITS AND HARDWARE. AS REQUIRED, IN ACCORDANCE WITH T MOBILE STANDARDS. (COORDINATE WITH T--MOBILE PROJECT MANAGER.) 12 ALL ANTENNA MOUNTING HARDWARE TO BE GROUNDED TO APPROPRIATE ANTENNA GROUND BARS 15 ALL ABOVE GROUND CONNECTIONS SHALL BE INSPECTED FOR TIGHTNESS AND CORROSION (6) MONTHS AFTER INSTALLATION AND EVERY (12) MONTHS THEREAFTER 14. FOR DISSIMILAR ME~ALS, USE CONDUCTORS WITH THE PROPER BIMETALLIC TRANSITION CONNECTOR BETWEEN THE TWO 15. METALLIC CONDUIT SURROUNDING GROUNDING CONDUCTORS SHALL BE GROUNDED IN ACCORDANCE WITH NEC ARTICLE ~-~'~ GROUNDING SCHEMATIC --SEE GROOND'N0 KW NOTES, DRAWING E B <T"P.) COAXIAL CABLEB~EEN GROUND WIRE TO BE ~ ~ ~ % %~ I c~6~ TO ¢~ ~ W ~S '1~ I~ I COAXIAL C4~LE D~ N'OT iNSTALL GROUND KIT AT ~ BETWEEN ~NTENNA dUMPER CABLE A REND AND ALWAYS DIRECT I AND BT$ JUMPERS FROM BT$ GROUND WIRE DOWN TO CIGBE ~ABLE GROUNDING Kff D~AILS (EXIS~NG) CONSISTING OF TWO HOLE LONG BARREL LUGS WITH A LOCK 820 ¢0(A)5 PROVIDE GROUND JUMPER FROM BONDING WASHER THAT SHALL BE PLACED ON THE NUT BUSHING TO NEAREST BAR USING # 2 WIRE AND OZ-GEDNEY POPE HBLG BUSHINGS 7 ALL METAL OBJECTS WITHIN 6' SHALL BE GROUNDED BACK ~1 ~PER C~LE~CONNECTOR~COAXIAL CABLE ~TAPE (1 ~YER) ~8 T4F~ TAPE) CONNECTION ~2"~ ~ 2" f NOTE: ~ ~/2' TAPE , ELECTRICAL TAPE, VAPOR SE~L (BLJ~fL ~4 A?D 3 ~YER5 5/4" TAPE, ALL T~¢E TAPE), THREE ~YERS OF ELEETRICAL ;~'1~ ;~I~;TC~%OSI~R"P)COAT TAPE AND SCOTCH COAT ~ AN~NNA CABLE WA~RPROOFINQ D~TAIL WILLIAM F. COLLINS. AIA A R C H I T E C T S, LLP ~ ~.O~F.C~ ]~0. IO~37OS · ..Mobile Northeast LLC SOU'1~OLD SU~TATI/ON MAIN ROAD SOUTHOLD, NY 11791 LII3058~ COLLOCATION UTILITY POLE & DETAILS TAX LOT 1000--45--1--9.1 LAND NOW OR FORMERLY OF E rilE COUN~ o~ ~'~ WOODED & OVERGROWN ~ "~ ~o.~ ~ ~.~ / ...... ~,, S 48 56 50" W ...... x ~ x ~ ~ ~ ~ ~o~. .~ ~., 31.39 ~PLIC~ ~ ~ ~P~CA~ONS O~Y ~' / ~- x w' ~ .. I m ~. SUBSURFACE AND EN~RONMENTAL CONDI~ON5 ~RE NOT EXAMINED OR ~ ~ / A ~ ~ ~ I u~u~ ~o~ I CONSIDERED AS PART OF ,/ ~ ~ ~g / { I ~ x I 4 ~E OFFSE~ OR DMENSONS SHO~ FROM ~E S~UC~RES TO ~E / ~ ~; ~ / ~ ( ~ ~ ~ , I PRO~E~ UNES ARE FO~ A SPECFC PURPOSE AN~ USE AND ~, ~'.. 3 ~ ~ Y,, I ~ :,u~ m i RETAINING WALLS, POOLS. PA~OS, P~N1NG AREAS, ADD/~ONS TO * ~,J[ {~ ~: /I O ~o~ _x~ m 8. LANDWARDMMITSOFFRESHWA~R~:ANDASDELINEA~DS/3/iOBY FFI J~ ~ m /I p I c.w. BO~AN -- LAND USE ECOLOGICAL SER.OES INC." ~ [~ + , { ,:~ ,.~ / 4 I= j [ I / OH OVERHEAD ~X ~ ~ ~ ff / ~ / ,,~o~ I / ~ o ~ ~OST a RAiL F~NC~ MAIN ROAD ~ ~ ..~ ~c~ 8/11/2010 PR LO~AIE WEItAND~ - SURVEY NOT UPDAIED 6/9/2010 PR ADDIITONAL INFORMATION - SURVEY NOT UPDA~D Dote By Revision Su,,,~l ~. ~ D,.rl,,J i~, PR J Ched~l by:. WJS [] ) I ~ Barmff [] i ik~ Il' Bonacci & ! [] I Ii ~ Van Weele, PC Civil Engineers 175A Commerce Drive Hauppauge, NY 11788 · ,U,,,,.~/,.,rs T 631.435.1111 Planners F 631.435.1022 TaxMap: DISTRICT 1000 SECTION 45 BLOCK 1 LOT 14.1 :'*"~"'~""'""* PROI~RT~ ~~ BOUNDARY & -----~ TOPOGRAPHIC SURVEY ~... ~.~o~o .-_.o, ^mo,~ 1 of 1 TO: TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL Re, Nielsen, Huber & Coughlin LLC for LIPA-T-Mobile 36 North New York Avenue Huntington, New York 11743 DATE: September 30, 2010 Amended: Oct. 12, 2010 Updated: June 10, 2011 Please take notice that your application dated September 3, 2010 For permit to upgrade & maintain a wireless telecommunication facility with equipment Location of property: 69685 Route 25, Greenport, NY County Tax Map No. 1000- Section 45 Block 1 Lot 14.1 Is returned herewith and disapproved on the following grounds: The proposed wireless telecommunication facility in the LB District is not permitted pursuant to Article XVII Section 280-70J, which states: "antenna support structures permitted in ... LB zoning Districts, are subject to the following conditions:" The site plan indicates the following: (2) Maximum height 45'. The proposed height is indicated as 84'. (3) Intedor mounted antennas required. The antennas are exterior. (6) Minimum distance to adjacent residential property line shall be 500'. The proposed location is +- 70'. The proposed construction requires Planning Board site plan review & special exception approval per Section 280-71 of the Town Code. ~ Author/zed Signature cc: file, Planning Board, Trustees Amended to correct code sections Note: Construction is within 100' of wetlands. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. ~,~.."~010 08:55 ?~566~1 BOARD OF YRUS¥~S P~E 01 TO: TOWN OF SOUTItOLD FORM NO. 3 NOTICE OF DISAPPROVAL Re, Nielsen Huber & Coughlin LLC for LIPA-T-Mobile 36 North New York Avmme Huntington, New York 11743 Septcm _l 13ttl , Amended: Oct. 12, 20!0 BOARD OF APPEALS Please take notice that your application dated September 3, 2010 For permit to upgrade & maintai~ a wireless telecommunication facility with equipment Location of property: 6~9685 Route 25, Grecnpgrt, N.Y_ County Tax Map No. 1000 - Section 45 Block 1 Lot 14.1 Is returned herewith and disapproved on the following grounds: The proposed wireless telecommunication facility in the LB District is not permitted pursuant to Article XVII Section 280-70J, which states: "antenna support structures permitted in ... LB zoning Districts, are subject to the following conditions:" The site plan indicates the following: (2) Maximum height 45'. The proposed height is indicated as 84'. (3) Interior mounted antennas required. The antennas are exterior. (6) Minimum distance to adjacent residential property line shall be 500'. The proposed ocat~on ~s - 70. The proposed construction requires Planning Board site plan review & special exception approval per Section 280-71 of the Town Code. Authorized Signature cc: fide, Planning Board, Trustees Amendcd to correct code sections Note: Construction is within 100' of wetlands. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Depa[tment. 10..'"i2/2810 88~55 7656641 BOARD OF TRUSTEES PAGE 83 RECEIVED BU]~O l~ APPLiCATiON CI~T ' EOAP~ OF APPEA~ ~= Ct434t~O 10"12..."2010 00:5S 7B566dl BOARD OF TRUSTEES PAGE 02 Fee: $ ~ ~Lb Filed By: ~ For Office Use Only Office Notes: Date Assigned/Assignment No. RECEIVED ] BOARD OF APPEALS itm~e No. Street LIPA Substation, N/s/o Main Road Hamlet Greenport SCTM 1000 Section 45 Block I Lot(s) 14.1 Lot Size 363,047 sq. ft. Zone Limited Business (LB) I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Amended Oct. 12, 2010 BASED ON ~1~ DATED September 3, 2010 Lessce/Applicant(s)/O~xnx~a):. T-Mobile Northeast LLC MailingAddress: 3500 Sunrise Highway, Suite D203, Great River, NY 11739 Telephone: 631-224-6651 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Re, Nielsen, Huber & Coughlin, LLP for ( ) Owner, or (X) Other: Attorneys far Lessee/Applicant: T-Mobile Northeast LLC Agent's Address: 36 North New York Avenue, Huntington, New York 11743 lre(~mhclaw.com Telephone 631-425-4100 Fax#: 631-425-4104 Email: jcoughlin~rnhclaw.com Please check box to specify who you wish correspondence to be mailed to, from the above names: [3 Applicant/Owner(s), or [g Authorized Representative, or [] Other Name/Address below: PLANS WHEREBY THE BUILDING INSPECTOR REVIEWED 5&4tP DATED September 3, 2010 and DENIED AN APPLICATION DATED September 3, 2010 FOR: ~l Building Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [~Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XVII Section 280- 70J Subsections (2), (3) and (6) Type of Appeal. An Appeal is made for: ~t 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, lg has not been made at any time with respect to this property~ UNDER Appeal No. Year __. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: REA NS F R APPEAL (,,~.~;~-nal .~1,..~ mov I~ ased ~ ~re~,rer's sitousture): 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: See Attached (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: RECE]VEF) See Attached OCT 23 20 0 (3) The amount of relief requested is not substantial because: See Attached BOARD OF APPEALS (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See Attached (S) Has the alleged difficulty been self-created? ( )Yes, or (~)No. Are there Covenants and Restrictions concerning this land: [] No. X~ Yes ~ 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 PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) By: Signa~re of Appelant or Authorized Agent (Agent mast submit written Autentlmatlon from Owner) Tim Fincham, Manager, Engineering Development LYNANNE HUERTAS NOTARY PUBLIC STATE OF NEW YORK NO. 01HU6203459 QUALIFIED iN SUFFOLK COUNTY MY COMMISSION EXPIRES APRIL 06, 20 Town of Southold Zoning Board of Appeals Application T-Mobile Northeast LLC Premises: LIPA Substation, Main Road, Greenport SCTM# 1000-45- 1 - 14.1 RECEIVED...,~;~. _ OCT 201 ~OARD OF APPEALS 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: The subject property is improved with an electrical transmission substation, transmission poles, and equipment. The pole in question is an existing 84-foot tall pole that houses three (3) T-Mobile public utility wireless telecommunications antennas. Related equipment is located on the ground adjacent to the existing pole. The proposal seeks only to maintain and upgrade the existing facility by replacing the three (3) existing antennas with three (3) new antennas and installing additional equipment cabinets within the existing fenced equipment area to provide public utility wireless telecommunications services to T-Mobile users. Accordingly, the applicant submits that no undesirable change will be produced in the area as this is only a minor change 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: T-Mobile's existing facility covers a substantial service area in T-Mobile's 2G wireless telephone coverage in the vicinity of the Premises. If the site were removed, a substantial service gap would exist. The service gap in coverage that would exist in the vicinity of this site if T-Mobile were to remove its existing antennas would prevent T-Mobile from providing reliable service in the area. This unreliability would represent an inconvenience to users of T-Mobile's services and could have serious consequences dunng times of emergency or disaster. The proposed replacement antennas must be affixed at least as high as those depicted on the plans in order to ensure that reliable service can be afforded to T-Mobile users in the vicinity of the site. 3. The amount of relief requested is not substantial because: As noted above, the proposal seeks only to maintain and modify an existing facility by replacing three (3) existing antennas with three (3) new antennas and the addition of supporting equipment inside the existing fenced equipment area 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 facility would continue to be unoccupied and would not result in an assembly of persons or excessive traffic. Continued operation of the 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 Compan,/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 it is the least obtrusive means to serve this need. The applicant submits that there is a substantial need for the l:acility and that maintaining and upgrading the existing facility is the least obtrusive means to do SO. Applicant: T-Mobile Northeast LLC RECEIVED APPLICANT'S PROJECT DESCRIPTION Date Prepared:__BOA1L, O_OF_A_p pEA LS I. For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: Dimerisions of new second floor: Dimensions of floor above secund level: Height (from finished ground to top of ridge): Is basement or lowest floor area being conslmcted? If yes, please provide height (above ground) measured from natural existing grade to first floor: IH. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 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: -+ 16 8 0 s q. Proposed increase of building coverage: 0 s q. f t. Square footage of your lot: 363,047 sq. lt. Percentage of coverage of your lot by building area: 0.4 6 % ft. V. Purpose of New Construction: T-Mobile Northeast LLC proposes to maintain and upgrade public utility wireless telecommunications antennas on existing electrical transmission pole and related equipment on the ground as depicted in the plans submitted herewith. VI. Please describe the land contou~ (fla~ slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficul~ ~ meeting the code requirement(s): The entire parcel has a iow point of ±4' AMSL and a high point of ± 10' AMSL with qentle contours. The area nf existing and proposed construction for th~ ~ppllm~ie~ in flat at ± 6' AMSL. No qradinq is Proposed in thla application 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 FILING WITH YOUR Z.B.A. APPLICATION RECEI'VED.-) OCT 20 0 A. Is the subject premises listed on the real estate market for sale? [] Yes ~No BOARD OF APPEALS B. Are there any proposals ~ change or alter land contours? ~ No [] Yes, please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? Ye s 2) Are these areas shown on the map submitted with this application? No 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If ~ property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: and if issued, please attuch copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you arc submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) the F. Do you have any construction taking place at this time concerning ~ premises? N o If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: the owner G. Do you or/any co-owner also own other land close to this parcel? Yes* If yes, please label the roximi of your lands on your map with this applic.~etion.*I~eru~cetSFeeso~,he~iE~,~qt ro° e rEeeS p ty ~ j lot H. Please list present use or operations conducted at this parcel LIPA substation and public utility wireless telecommunications facility, and proposed use Same as existing use. (examp.~. exisfng: ,~ingle-family; pwposed: same wit~ garage or pool, or other descdpllon.) By: ^uthofZ Z tF-' Tim Fincham, Manager, Engineering Development RECEIVED OCT 2 17 2,5 BOARD OF APPEALS $00 18 26 19 2 FRoJECI'I.D. NUMBER 617.20 Appendix C Slate F.~vlronmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only -PART I--PROJECT INFORMATION (To be completed by Applicent ct Project sponsor) 1. APPLICANT/~PONSOR 2. PROJECT NAME T-Mobile Northeast LLC T-Mobile at LIPA Substatioo Main Road 3. PROJECT LOCATION: Munlclplllly Town of Southold County Suffolk LIPA Substation, N/s/o Main Road w/o Chapel Lane Greenport, NY SCTM# 1000-45- I - 14.1 SEQR 5. IS PROPOSED ACTION: [] New [] Exl~anslon [] Modtflcatlon/&lllt'atlon 7. AMOUNT OF LAND AFFECTED: Initially i~tll Ultimately ~rla [] Yes r~ No If Ne, de,~flbe briefly WHAT IS PRESENT LAND USE IN VI~NITY OF PROJECT? [] Re~ldentl,I r'~ lnd~ltflal [] Commemill lo. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAL)? [] Y~ [] Ne If ~s, list agency(s) ar~l p~mll/appmv,l~ 11. OOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VA~JD PERMIT O~ APPROVAL'/ [~ yfl [~] NO il ~ IIsi agen~'y ilam4 an~J pei~nIV~kopfMI ~2. AS ^ ;~.SuLT OF ~'ROPO~ ^c~o. mu. ~xtsTINa PERMr~/~VA' .EOU'.E ~: /- - - ! , Tim 'Fincham, ~anager, En~ineerinq and Development If the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 6. DESCRIBE PROJECT BRIEFLY: T-Mobile Nott ~cast LLC proposes to maintain and upgrade public utility wireless telecommunications antennas on existing electrical transmission pole and related equipment on the ground as depicted in tbe plans submined herewith OCT 2 ~/2i]~, BOARD OF APPEAI.~ PART II--ENVIRONMENTAL ASSESSMENT (To be completec~ by Agency) ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR. PART ~176~ If NC. e negaters ceclarat~o~ O WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAIaLJSHMENT OF A CEA? PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse eflect Identified above, determine whether it is substantial, large, important or other~viae significant. Each effect s~ould be assessed in connection with its (al setting fi.e. ufoan or rural); (b) probability of occurring; (c) duration; (dl irreversibility; (e) geographic aedile; and (I) magnitude. If necesse~/, add attachments m' reference supporting materials. Ensure that exDlanations co~tein sufficient detail lo show that all relevant adverse impacts have been iclentlfied and aCequately addresseC. If- · duestion D of Part II wes checke(J yes, the ¢leterminatlon and significance must evatuafe the polenfiel, impact of the proposed action. on tl~e environmenta~ characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse inf~?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 a(tverse environmental impacts AND provide on attachments as necessary, the reasons supporting this cletermination: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics orohibits conflicts of interest on the hart of Town officers end employees. The numose of this form is to provide information, which can alert the Town of possibl~ conflicts of interest and allow it to take whatever action is nacassarv to avoid same. YOUR NAME: T-Mobile Northeast LLC NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: (Last name, fust name, middle initial, unless you are applying in the name other°f someOnepersonelSeor company ar other entity,name.)Such as a company. If so, indicate the RECEiYEr~ ~t~ ~ ~ OCT b20 O BOARD OF APPEALS Change of Zone Approval of Plat Exemption from Plat or Official Map Do you personally, (or through your compeny, spouse, sibling, parent, or child) have a relationship with eny officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" meens 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 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) end/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 applicent 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) en officer, director, partner, or employee of the applicant; or D) the actual applicent. DESCRIPTION OF RELATIONSHIP Submitted thi,.~_ day of.4'~u IL/, ~ 0 [ 0 PrintName: ~[~r// Finc~am Manager, Engineering Development APPLICANT TRANSACTIONAL DISCLOSUP~ FORM ~ T~ of So.cid's ~ of ~hlr~ ~r~ibi~ ~nflt~ of ~nte~ on ~ o~ of To~ o~ ~9~le ~nflic~ of in~st ~d ~low it ~o ~ ~ ~a~ ~ ~ ~ avoid ~e. YO~ N~: Long ~I~d Ll~fing ~m~y ~a LIPA (Last name, fir~ ~e, middle initial, units ~u ~ ~t in ~ name NATUl~ OF APPLICATION: (Ch~k all that apply,) Tm( Gricvance X I f,'Other'', name the activin. RECEIVED OCT 2 ;20tO Charge of Zone Appwval of Plat Exempgon from Plat or Official Map Other Do you personally, (or through your company, spout, sthiin~ parent, or child) have a relationship with any officer or employee of the Town of $outhotd? ~'R~Iatiooshlp" inolud~ by blood, marriage, or busin~s~ iaiev~L "Business inior~f' mea~s a b~iness, inaluding a partaership, in which the Town offieer or employee has v-yen a paffial ownership of (or employmant by') a oorporatlon in which thc Town offi~r or employ~ owns more lhan 5% of the shares. Y313S , NO .~ Complete the balance of this form and date a~d siEn bdo~w where indicated. Name of p~ann employ~l by the Town of Southold: Titl~ or position of that person: Describe that relationship between yourself (thc applicant) and the Town offi~r or employee. Either check tho appropriate llnc A through D (below) and/or descrthc thc relationship in tho spa~e provided. The Town officer or employee or his or h~ spouse, sthling, parent, or child is (~h¢ck all that apply): __ A) the owner of~ater lhan 5% of the shares of the corporatc stock of thc applicant (when gee applicam ia a oorporation); B) the legal or beneficial owner of any internal in e non-corporate entky (when the applicant is not a corpomt/on)'- C) an officer, director, pa~ner, or employee of the applicant; or D) the agtual applicant. BOARD OF APPEALS DESCRIPTION OF RELATIONSHIP TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of T-Mobile Northeast LLC : At the premises: LIPA Southold Substation No~h side of Main Road, west of Chapel Lane Greenport, New York Section 45. Block l, Lot 14.1 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I amthe of the premises known as Section 45, Block I authorize T-Mobile Northeast LLC for municipal approvals as antennas, support structures. upgxadiug of its public utility being duly sworn, deposes and says: (the "Premises" hereafter), and do hereby and its representatives to bring such applications for maintaining and installing on the Premises such :as T-Mobile may require for the maintenance and By:. day, ,2010 PUBLIC RI , NIELSEN, HUBER & COUGHLIN, LLP ATTORNEYS AT LAW HUNTINGTON, Nlgw Yo~ 117413 T~L~extos~: (0131) ~b25-~lO0 Faosi~ilLl~: (631) 425-4104 November 12, 2010 BY HAND Zoning Board of Appeals Town of Southold Annex Building 54375 Route 25 Southold, NY 11971 RE: RECEZVED ~OAR~ OF AP~ T-Mobile Northeast LLC Application to Southold Zoning Board of Appeals For Maintenance and Upgrade of Public Utility Wireless Telecommunications Facility Premises: LIPA substation, n/s/o Main Road, w/o Chapel Lane, Greenport SCTM#: 1000-45 I 14.1 Dear Sir or Madam: We represent T-Mobile Northeast LLC ('T-Mobile') with regard to its application to maintain and upgrade its existing non-permitted public utility wireless telecommunications facility at the subject property. As a supplement to our filing of October 26, 2010 we enclose herewith nine (9) sets of the following documents: 1. Site Plans and Vicinity Maps, prepared by William F. Collins, AIA Architects, LLP dated November 10, 2010; and 2. Town of Southold Property Record Card. Should you have any' questions with regard to the foregoing, please do not hesitate to communicate with the undersigned. Very truly yours, Nielsen, Huber & Coughlin, LLP <-- Cou t& JC/cp Enclosures Kristy Winser, Senior Planner, Planning Department (Via E-Mail, w/o encls.) Lauren Standish, Secretarial Assistant, Board of Trustees (Via E-Mail, w/o encls.) 'TOWN. OF' souTHOLD PROPERTY RECORD CARD '~:: -*, TOWN OF SOUTHOLD P~OPE~ ~RD · "~ ,~ - Y~- /--~l . , , ,. OWNER STRE~ i VIL~GE Ot~RICT j SU~. LOT ,~ ~ ~ ~ ~ ,' ~,, ~ W ' , ~PEoFBUIL~ING . . t BULKHEAD Tillab{e 1 Tillable Tillable 3 ~/oodland Swampland House Plot DOCK M. Bldg. ~/~ Foundotion Extension Basement Extension Ext. Walls Extension Fire Place Porch Porch Breezeway Patio Garage Driveway ? Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED ocr BOARD OF APPEALS A. INSTRUCTIONS Ail applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to tile Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other info~mation used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Sectinn C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southnld Local 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a detexrnination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be unde~ntaken. 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# 45 1 14.1 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees [] 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) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Natumandextentofaction: T-Mobile seeks permission to maintain and up~rade public utility wireless telecommunications antennas on an existing electrical transmission pole and related equipment on the ground, as depicted on the plans submitted herewith LIPA substation N/s/o Main Road L0cationofaction: Greenport, NY (w/n Chn~l Lane) Lot size is appro~.'363,~-square Siteacreage: T-Mobile existing fenced equipment feet~ compound is approx. 462 sq. feet ?rescntla~use:LIPA substation and public utility wireless telecommunications facility Presentzoningclassification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: T-Mobile Northeast LLC (b) Mailing address: 3500 Sunrise Highway, Great River, NY 11739 (c) Telephone number: Area Code ( )_ ( 6 31 ) 2 2 4- 6 6 51 (d) Application number if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes[~ No[~ Ifyes, which state or federal agency?. Applicant has an existing FCC license DEVELOPED 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 - please explain) See attached 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- please explain) See attached 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 [] No [] (Not Applicable- please explain) See attached Altach 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 [] (Not Applicable- please explain) 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 --I~ Yes [] No [] (Not Applicable- please explain) The proposed action is an unmanned wireless communications facility and does not require any water usaqe nor will it generate sewage, effluent or trash. 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 [] (Not Applicable- please explain) See attached Attach additional sheets if necessm7 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) See attached Attach additiona! sheets if ~ecessary Policy 8. Minimize environmeatal 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 [] No [] (Not Applicable- please explain) The proposed action is unmanned and does not generate sewage, effluent or trash. 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. [] Ye~ No [] (Not Applicable-please explain) See attached Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent nses and promote siting of new water-dependent uses in snitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes [] No [] (Not Applicable- please explain) See attached Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estum-y and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No [] Not Applicable- please explain See attached 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- please explain See attached Attach additional sheets if necessary Policy 13. Prolnote 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-please explain See attached The following information is offered as supporting criteria for the proposed improvements and collocation of the proposed action upon an existing public utility structure. To assist in the review of the information, it should be noted that that there are Policies under which the proposed action is not applicable. However, within these categories the proposed action would not hinder or interfere with the management of those resources within the Town of Southold. Nature of Action T-Mobile seeks permission to maintain and upgrade public utility wireless communications antennas on an existing electrical transmission pole and related equipment on the ground. A copy of the plans is attached. The existing site is located completely within an existing public utility electrical substation on Main Road in Southold. The Applicant proposes to swap existing antennas for newer antennas of a similar size and color, thereby not changing the existing visual conditions. The applicant also proposes the addition of equipment cabinet within its existing fenced compound. The ground equipment is not visible from any adjacent roadway or residence. Total area in development is +/-255 square feet. Developed Coast Policies Policy 1: The proposed action would be consistent with the intent of this policy as the proposed modification would not alter the exiting visual conditions. The ground based enhancements remain with the existing fenced compound of the existing development. No change to the existing agricultural lands within the Town of Southold would occur due to this minor modification. The action is fully contained within the subject parcel and is not located in or adjacent to any body of water nor would it disturb any sensitive coastal resources. The proposed action is unmanned and would not alter the level of traffic currently along main road, nor create a change in existing transportation routes. The proposed action does not require either water or refuse services nit have any effect upon the socioeconomic conditions as the currently exist, not hinder future opportunities. The proposed modifications would not alter the developed character of the subject parcel or the surrounding development. Policy 2: Although the proposed modifications would not directly alter any existing historic parcel, the proposed action is a federal Undertaking that would trigger a Section 106 review in accordance with the Collocation Agreement and Nationwide Programmatic Agreement. Policy 3: The proposed action would be consistent with the intent of this policy as it would not alter or infringe upon the visual quality or characteristics of the subject parcel or surrounding parcels. The height and appearance of the pole will not change. The proposed work in the existing ground based compound is located inland and would not hinder the public's enjoyment of the shoreline or maritime activities, not alter the views from any of the surrounding roadways. Policy 4: The proposed action is not located within either a 100 or 500-year flood plain nor is it located within any of the Common Management Units identified under this policy. According to FEMA map number 06-02-B0071V-360813, the subject parcel is located within Zone X. Furthermore, the subject parcel is not located along the shoreline, a jetty or any existing body of water. The modifications proposed to an existing structure within an improved parcel would not result in the loss of public resources, wetland habitats or any of the maritime habitats. Policy 5: This policy is not applicable to this action as it is unmanned and does not require any water usage and will not generate sewage, effluent, or trash. Policy 6: The proposed action is located in a wetland buffer zone The proposed actions poses no impact upon the wetland as there will be no disturbance of the wetland, or cause any runoff as a result of construction or upon completion of construction. Furthermore, the proposed parcel is fully contained within a landward parcel. This action would not have an effect upon coastal fish or wildlife habitats. Policy 7: This policy is not applicable to this action, as the proposed modifications and related components do not emit fumes or odors. The existence of this proposed facility within the Town of Southold would not contribute to or alter the current levels of air quality. Policy 8: This policy is not applicable to this action as the proposed modifications are for an unmanned facility that does not generate sewage, effluent, or trash. Policy 9: This policy is not applicable to this action. The proposed modifications to the existing site within the subject parcel would not hinder the use of or access to the subject parcel, coastal waters, public lands or public resources of the Town of $outhold. Policy 10: This policy is not applicable to this action. The proposed modifications would be located within an improved landward parcel primarily developed as a public utility substation servicing the surrounding community. The modifications to the passive use of the existing communications facility within the improved public utility parcel would not prohibit or hinder any existing or future recreational water dependent uses within the Town of Southold. Policy 11: This policy is not applicable to this action. The proposed modifications to the existing communications structure and ground based compound would not have an effect upon the living marine resources or the associated social and economic well being of the community within the Town of Southold. Policy 12: This policy is not applicable to this action. The existing use of the subject parcel is public utility. The structures and present development of the parcel is for the Long Island Power Authority. The proposed modification to the existing passive use of a communications facility would not hinder the existing agricultural within the Town of Southold nor convert any existing farmlands to any other use. The proposed action would be a minor addition within an existing improved parcel. Policy 13: The proposed action would be consistent with this policy. The existing compound is supplied with 200 amps of electrical power. The systems are stationary and would not interfere with coastal resources, migratory birds, wetland or woodland habitats, scenic resources ad coastal processes. Rt , NIELSEN, HUBER & COUGHLIN, LLP ATTORNEYS AT LAW NORTH NEW YORg AVENUE HUNTIlgOTON, NEW YORK 11743 October 26, 2010 TELEPHONE: (031) 425-4100 FACSI14ILE: (031) 425-4104 BY HAND Zoning Board of Appeals Town of Southold Annex Building 54375 Route 25 Southold, NY 11971 RECEIVED BOARD OF APPEALS RE: T-Mobile Northeast LLC Application to Southold Zoning Board of Appeals For Maintenance and Upgrade of Public Utility Wireless Telecommunications Facility Premises: LIPA substation, n/s/o Main Road, w/o Chapel kane, Greenport SCTM#: 1000 45 1 - 14.1 Dear Sir or Madam: We represent T-Mobile Northeast LLC ('T-Mobile') with regard to its application to maintain and upgrade its existing non-permitted public utility wireless telecommunications facility at the subject property. Accordingly, we submit herewith nine (9) sets of the following documents: 1. Application to the Southold Town Board of Appeals; 2. Building Inspector's Notice of Disapproval, amended October 12, 2010, and corresponding Building Permit Application, dated September 3, 2010; 3. Applicant's Project Description Form; 4. Questionnaire; 5. Owner's Authorization Affidavit; 6. Applicant's Transactional Disclosure Form; 7. Owner's Transactional Disclosure Form; 8. Short Environmental Assessment Form: 9. LWRP Consistency Form; 10. Copies of the following Covenants and Restrictions: a. Easement from Long Island Lighting company to Marketspan Corporation, dated May 27, 1998; 11. Town Property Card; 12. Construction Drawings with Site Plans and Elevations, prepared by William F. Collins, AIA Architects, LLP, revision dated September 3, 2010, including location of freshwater wetlands; 13. Photos of the property depicting T-Mobile's existing structures and proposed construction area, prepared by William F. Collins, AIA Architects, LLP, taken September 21, 2010; and 14. Property Survey, prepared by Barrett, Bonacci & Van Weele, PC, revision dated August 11, 2010, showing location of freshwater wetlands. In addition, we submit T-Mobile check number 1813933 in the sum of $600.00 made payable to the Town rf Southold. Town of Southold Board of Appeals T-Mobile Board of Appeals Application October 26, 2010 Page 2 of 2 Please note that T-Mobile is presently working on preparing materials for filing its Site Plan and Special Exception Permit applications to the Planning Board as well as its Wetlands Permit Application to the Board of Town Trustees. Should you have any questions with regard to the foregoing, please do not hesitate to communicate with the undersigned. Very truly yours, R& Nielsen, Huber & Coughlin, LLP By: ~ JC/mk Enclosures cc: Kristy Winser, Senior Planner, Planning Department (Via E-Mail, w/o encls.) Lauren Standish, Secretarial Assistant, Board of Trustees (Via E-Mail, w/o encls.) TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of T-Mobile Northeast LLC At the premises: LIPA Southold Substation North side of Main Road, west of Chapel Lane Greenport, New York Section 45, Block 1, Lot 14.1 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) AUTHORIZATION OF OWNER RECEIVED OCT 2g ZOlO BOARD OF APPEALS ~?'[? ~_, (. TP/f~Q. ?.( ) ~ __, being duly sworn, deposes and says: of the premises known as Section 45. Block 1, Lot 14.1 (the "Premises" hereafter), and do hereby authorize T-Mobile Northeast LLC ('T-Mobile") and its representatives to bring such applications for municipal approvals as may be necessary for maintaining and installing on the Premises such antennas, support structures, and related equipment as T-Mobile may require for the maintenance and upgrading of its public utility wireless telecommunication fanili~ Sworn to before me this ,20,o ! NOTAI~Y PUBLIC - ~ DANII~ KIMLleKA ~TARY PUBLIC, Sta~ of New Yo~ No. 30 4659660 Qualified in Nassau Coun~ EASEMENT ifil.AM) I,lOIrl'lNO COMPANY TO i',~K B'I~IBAIV COKI'OJ~'FION Sectlu, 04.4 Block 01 {x,I P.'O Lot ti on {l~, In map or Anslwmumaque, To~J ur Southold, counly of }{ultolk ond {{lalo of New York KNAMKR, Lk'VIN, NAFfALI8 & 9ii, THIRD ,W~.NUB NI~Y YORK, NI~W YORK . CBIVBO 'Rile I~I~I'i'UIU... tnnde tho 2'hl~ duy of Mn3', 1998, ~tw~u, th~ bONO ISLAND blOIITINO COMPANY, a coqx)~t[~ duly or~anix~d Itl~d exlllin8 un~r ,nd b~, Count~ ~, Hicksvlll0, Now York (tho "O~mor") lind MA~PAN of tho SII~tQ o~ NoW York. ~vlns I~ prl~l~l o~ nt 175 ~at Old Counl~ Rued, WHI~RI~A~, Ornuinr Is tliu owner In r~ simple or, coMnkn Im~Ol or Arshalnofflnquv, ~own o1' ~oufl~)ld, Snrf~lk CoHnly, $~1~ of Ndw York, doilgunt~ off Tax Map nr dig Town or S~flholcl, Suffolk Cot~flly n~ DI~I~cI I~, S~liofl ~5, i)A) ~ I [ (lily "Ontnlor's ~l~l")l ~11(1 u ix~tliou or or~ntor's ~nrcul: NOW, 'r~ERI~ORI~, Gamier, ht coflsidemdou of Ih; Uittt or o~ ($1 ,~ ~llnr luunv~ or tho Unll~ Stat~ and olJwr Sari ~ln;nts und rtiills.of*wfly I~umby Itmut~.xl hie)ode the rollowlnlt dlthts nfld prlvlleF~: comlmml~tlons, tho dist~tdon ur gas ~ml other o~t[ons of t~ Omflt~, Inciudln~ ~ll nOl Ihnilvd IO o~mtlon nnd InUlfltonnn~ or nn olfl;g buiTdlflg, ~ composer cpmsnunt~qtlml3 qulpHteflt n~ ~lnl~ fAclIItlO~ within tho ~t~mont h~l d~fl~ on SECOND: To i)~,mtil lbo rt~ht uf I.l~m~ lind e~m~,s, on fo~t Ired by v~lcl= Io nnd from I~ d~fl~ ~mo~ h~l nnc file adjoining ~)hltc msds over &Il exbtln8 RIM ~IIUN ~d~ ~ ([rlvowA~ of tl~ Omfllor'~ h~ot, IN WITN~.TS WHRREOF, tile OmlltOr has Called tll~ I)m.'~ut.s to h~ duly LONe ISLAND lIGHTING COMPANY .~, ' ,~ ( '--,.' / ¥1ce,PrrJldont, rt~l F&ll#to COUNTY OF NB%V YORK On the 2'~th day oi' M~y, ~995, bororo me ~n=}ly ~m~ Will~m · S~=lio~o m; UOH~NO COMPS, t~ co.ration do~fl~ In nad which ~ul~ lbo fom~l.8 iastmm~t; s~ ~knt h~ sl~n~ his name I~lo by o~or of t~ ~ o~ dl~ofl o~ ~id co.ration, SCHBDUL}~ A ~henoe i~ong oaLd l~ns Hors 4B~ S~' S0" West 243,g4 £emb ~o m ~oAn~ on the so~JJm~l¥ d~vAoAon ~Aue o~ ~Iso Pmsnm~ # 3BGA{ 56' BO" Ino~ ~EO,~3 hot ~e ll~e o~ Lot Deed May ~3, L~bm~ SS43, Page SUFFOLK COUNTY CLERK I~ECORDS OFFTCE I~CORD'CNG PAGE 1'ype oE Ins~rumsnb: AGREEMENT Number of Pages= 7 Rece~ptNumber ~ 05-0085851 1000 Recordedt 08/17/2005 At: 10:53:45 AM LIBER: D00012404 PAGEs 231 Sec~ion~ Block: Lot~ 045.00 01.00 009.001 EX~MINEDAND C~A~EDAS FOLLOWS Page/Filing C0E No2a2~on RPT Recetve~ the Following Fees For Abov~ Zns=rtunent Exempt Ex""T.= $21.00 NO Handling $5.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO T~-584 $0.00 NO $0.00 NO Cert. Cop£es $10.00 NO $50.00 NO 8CTM $0.00 NO Fee~ Pa.'l.d $106.00 THIS PAGE IS A PA~T OF TH~ INSTRUMENT ~q~IS IS NOT A BILL Edward P.Romatne Coun=y Clerk, Suffolk County $OUTHOLD 1000-045.00 Suffolk County Clerks Office W, D. 50 W 685 LI~^ W.D. 50  ,--.~3 / --.. / -. 1000-045.00 Suffolk County Clerks Office 2§2 '". LIPA W. D. 50 395 621 159 // LiNE 112 T Mobile Public Utility Wireless Telecommunications Facility LiPA Southold Substation Main Road Southold Site #: Ll:13 058 Equipment Compound with exiting utility pole and antennas Photo taken 9/2]/~.0 from East looking West Note: Project area is fenced, not flagged T Mobite Public Utility Wireless Telecommunications Facility LIPA Southold Substation Main Road Southotd Site it: LI 13-058 Equipment Compound with exiting utility pole and antennas Photo taken 9/21/10 from South looking North Note: Proiect area is fenced~ not flagged T Mobile Public Utility Wireless Telecommunications Facility lIPA Southotd Substation Main Road Southold Ste #: LI :i~J-OS8 Equipment Compound with exiting utility pole and antennas Photo taken 9/21/]0 from West looking East No~e: Project area is fenced, not flagged ELIZABETH A. NEVILLE, RMC, CMC 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.nct OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 28, 2010 Zoning Appeal No. 6433 Transmitted herewith is Zoning Appeals No. 6433 of Rev Nielsen, Huber & Couehlin, LLP for T-Mobile Northeast LLC - thc Application to thc Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Re, Nielsen, Hubcr & Coughlin, LLP Dated October 26, 2010, Authorization from LIPA (Owner of Property) to T-Mobile to bring Applications for Municipal Approval Dated July 22, 2010, Copy of Easement between LILCO and Market Span Corporation Dated May 27, 1998, 3 Pages of Photos of Property as it Exists, 3 Pages of Property Record Cards, Notice of Disapproval from Building Department with Copy of Application for Building Permit Dated September 3, 2010, 10 Pages of Plans Showing Site Plans, Equipment & Details & Elevations Dated September 3, 2010 Prepared by William F. Collins, AIA, Copy of Boundary & Topographic Survey Showing Property as it Exists Dated April 12, 2010 Prepared by Barrett, Bonacci & Van Wcele, P.C. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/27/10 * * * RECEIPT * * * Receipt~: 93586 Transaction(s): 1 1 Application Fees Reference Subtotal 6433 $600.00 Check#: 1813933 Total Paid: $600.00 Name: Clerk ID: T-mobile, Northeast Omnipoint Corem, Inc 36 N Ny Avenue Huntinclton, NY 11743 CAROLH Internal ID: 6433 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 01/03/12 * * * RECEIPT * * * ReceiptW: 119221 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6433 $1,500.00 Check#:2221995 Total Paid: $1,500.00 Name: T-mobile, U S A 12920 Se 38th St Bellevue, NY 98006 Clerk ID; LINDAC Internal ID: 6433 ATTORNE~ AT LAW RECEIVED October 26, 2010 ay HAND Zoning Board of Appeals Town of Southold Annex Building 54375 Route 25 8outhold, NY 11971 ?~LB~'HOn~ (eltl) 4~'4100 FAosnftLB-* (081) 405-4104 BOARD OF APPEALS BOARD OF APPEA~ T-Mobile Northeast LLC Application to Southold Zoning Board of Appeals For Maintenance and Uplpude o£Public Utility Wireless Telecommunications Facility Pren~ses: LIPA substation, n/s/o Main Road, w/o Chapel Lane, Or~nport SCTM~: 1000- 45- 1 - 14.1 Dcar Sir or Madam: We rcprcsent T-Mobile Northeast LLC ('T-Mobile') with regard to ~ application to maintain :and u-om'ado its e0dsting non,permitted public utility wirol~ telecom_nmnioati~ms facility at ~ subject property. Accordinsly, we submit herewith nine (9] sets of the following documents: ~. '~:.. ... : . 4. 5. 6. 7. 8. 9. 10. 11. 12, 13. 14. Application to the 8outhold Town Bmmt of Appeals; ,~.?, ;:.. Building Inspector's Notice o~ Disapproval, ammdod Octobe~ 12, 2010, and ooffesp0nding Building Permit Applicatio~ doted Soptember 3, 2010; .: Applicant's Projcot Desoription Form; '~ ~ ,-;. Owncr's Authorization Affidavit; Applicant's Transactional Disclosure Form; Owner's Transactional Disclosure Foil; Short Bnvimnm~ial Assessme~ Fo~a~, LWRP Consistency Form; Copies of the following Covenants and Reslrictions: a. Easemem from Long Island Lightin~ company to Markelapan Corporation, dated May 27, 1998; Town Prop~y Card; C~nslrucgon Drawings with Site Plans and Elevations, prepared by William F. Collins, AlP, Architects, LLP, revision da~l Seplember 3, 2010, includin$ location of f~shwaler wetlands; Photos of the property dopictin~ T-Mobile's cxistin$ siructores and proposed conslmction area, prepared by William F. Collins, AIA Architects, LIP, tsken Sel~mber 21, 2010; and Property Survey, prepared.by Barretl, Bonacci & Van Weele, PC, revision gated Augus~ Il, 2010, showing location of freshwater wetlands. In nddition, we submit T-Mobile check numbe~ 1813933 in the sum of $600.00 made payable to the Town of Southold. ;fawn of Southold Board of Ap~ T-Mobile Bom'd ofAppenls Applioation O~tober 26, 20t0 Page 2 of 2 Please note that T-Mobile is presently working on preparing mater/als for filing its Site Plan and Special Exception P~wmlt applicat/ons to the Planning Besrd ns w~ll as its Wetlands Permit Application to the Board of Town Trustees. Should you have any questions with regard to ~he foregoing, please do not hesitate to communicate with the undersigeed. .~_~ ~ [~ '-~ Very truly yours, Ri, Nielsen, Huher & Coughlin, LLP JUN 3 2011 BOARD OF A~PEALS JC/mk Enclosures Kfisty Wimer, Smior Pl~er, Platming Depmment (Via E-Mail, w/o enols.) Lauren Standish, 8~a'elaa4al As~/stant, Board of Tmsto~ (Via E-Mail, w/o enols.) TO: TOWN OF SOUTItOLD FORM NO. 3 NOTICE OF DISAPPROVAL Re, Nielsen, Huber & Coughlin LLC for LIPA-T-Mobile 36 North New York Avenue Huntington, New York 11743 RECEIVED JUN 3 BOARD OF APPEAI,S DATE: June 25, 2010 Please take notice that your application dated June 17, 2010 For permit to upgrade an existing utility to a wireless telecommunication facility with equipment Location of property:. 69685 Route 25, Crreenport, NY CountyTax Map No. 1000 - Section 45 Block 1 Lot 14.1 Is returned herewith and disapproved on the following grounds: The proposed wireless telecommunication facility in the LB Distdct is not permitted pursuant to Article XVII Section 280-71(G), which states: "antenna support structures permitted in ... LB zoning Districts, are subject to the follo~ng conditions:" The site plan indicates the following: (2) Maximum height 45'. The proposed height is indicated as 84'. (3) Intedor mounted antennas required. The antennas are exterior. (6) Minimum distance to adjacent residential property line shall be 500'. The proposed location is +- 70'. The proposed construction requires Planning Board site plan review & special exception approval per Section 280-70 of the Town Code. CC: file, Planning Board Note to Appficant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. RE, NIELSEN, HUBER & GOUGHLIN, LLP ATTORNEYS AT LAW ~:~6 NORTH NEW YORK -~.VENIrE HUNTINGTON, NEW YORI~ 1174,'3 TELEPHONE: (631) 425-41OO FAGSIMILE: (031) 425-4104 December 29. 2011 By Hand Town of Southold Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 -0959 Attention: Ms. Vicki Toth, Board Assistant REC~.IVEB I~OARD OF APPEAL~ RE: T-Mobile Northeast LLC ("T-Mobile") Application to Southold Zoning Board of Appeals For Maintenance and Upgrade of Public Utility Wireless Telecommunications Facility Premises: LIPA substation, n/s/o Main Road, w/o Chapel Lane, Greenport SCTM#: 1000 45 1 14.1 [)ear Vicki: As you know, we are the attorneys for T-Mobile in connection with the captioned application. As discussed, T-Mobile is ready to proceed with its Public Hearing and we respectfully request that T-Mobile's application be placed on the Board's next available calendar. To that end, pursuant to your direction and in accordance with the updated fee schedule, we have enclosed herewith T-Mobile Check Number 2221995 in the sum of $1,500.00. Please advise as soon as the Public Hearing date has been schedule. Thanking you tbr your courtesies, we remain Very truly yours. RI~. NIELSEN. ;tUBER & COUGHLIN, LLP .IJC:mk Ends. MAIL DELIVERY TRANSMITTAL WILLIAM F. COLLINS, A1A TO: ADDRESS: ATI'ENTION: FROM: DATE: RE: PROJECT NO: Town of Southold PO Box 1179, Southold, NY 11971 Zoning Board of Appeals-Attn: Vicki Lynanne Huertas June 29, 2011 LI13058A 10-8705 RECEIVED JUN ~ 0 2011 BOARD OF APPEALS ITEMS TO BE TRANSMITTED: Check in the sum of $50.00 for a re-dated Denial from the Building Department Check in the sum of $250.00 to get scheduled for a hearing date before the Zoning Board of Appeals Additionally Enclosed for Reference: · Copy of the original Notice of Disapproval dated June 25, 2010 · Copy of the submission letter to the Zoning Board of Appeals dated October 26, 2010 VIA: Priority Mail - Receipt Requested CC: File 12-1 TECHNOLOGY DRIVE SETAUKET, NY 11733 VOICE: 631-689-8450 FAX: 631-689-8459 E-MAIL: mail(~wfcaia.com Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/01/11 * * * RECEIPT * * * Receipt'8: 108463 Transaction(s): 1 1 Application Fees Reference Subtotal 6433 $250.00 Check#: 2081427 Total Paid: $250.00 Name: Clerk ID: T-mobile, Northeast Omnipoint Comm, Inc 36 N Ny Avenue Huntin~lton, NY 11743 CAROLH Intemal ID: 6433 TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the application of proposal of T-Mobile Northeast LLC For Approval to maintain and upgrade public utility wireless telecommunications antennas on existing electrical transmission pole and related equipment on the ground at the premises ("Premises"): LIPA substation N/s/o Main Road, w/o Chapel Lane Southold, New York District 1000, Section 45, Block i, Lot 14.1 STATE OF NEW YORK COUNTY OF SUFFOLK SS.: AFFIDAVIT OF RADIO FREQUENCY ENGINEER UDAYA MALIKARJUNAPPA, being duly sworn, deposes and says: I. I am a radio frequency engineer for T-Mobile Northeast LLC (hereinafter "T-Mobile"). As a radio fi'cqaency engineer, I am trained to identify service deficiencies in wireless telecommunications networks and to evaluate the ability of antenna sites to remedy these sei-~,ice deficiencies, i am fnlly familiar with l-Mobile's wireless telecommunications network m Suffolk County. 2. ! submit this affidavit in support of T-Mobile's proposal to maintain and upgrade its wireless telecom~nun/cations facility at the Premises. T-Mobile proposes to replace its existing antennas with new antennas on the existing electrical transmission pole, maintain existing equipment cabinets, and install additional equipment cabinets on the ground adjacent thereto, as depicted in the plans submitted to the Town. 3. T-Mobile 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 lo serve the public on Long Island and throughout much of the United Stales. T-Mobile strives to provide reliable service throughout its licensed coverage areas. 4. T-Mobile presently maintains a wireless facility at the su~iect premises. In this application, T-Mobile seeks approval to continue to maintain its facility, which cun-ently provides 2G Global System for Mobile Communications ("2G") technology services, and also modi~ and upgrade its existing wireless facility to provide 3G Universal Mobile Telecommunications Services ("3G") and Alternate Access Vendor ("AAV') capabilities. 5. T-Mobile's existing facility covers a substantial service area in T-Mobile's 2G wireless telephone coverage in the vicinity of the Premises. If the site were removed, a substantial service gap would exist. A service gap exists if the user of a T-Mobile mobile telephone cannot reliably transmit, receive or maintain a voice or data connection. The service gap in coverage that would exist in the vicinity of this site if T-Mobile were to remove its existing antennas would prevent T-Mobile from providing reliable service in the area. This unreliability would represent an inconvenience to users of T- Mobile's services and could have serious consequences during times of emergency or disaster. 6. In order to understand why the site is needed, it is necessary to understand how T- Mobile's system works from ao engineering standpoint. T-Mobile's wireless telecon~d'nunications system is designed so that low powered base stations are strategically located at determined distances apart and at predetermined heights. Due to such factors as hills, valleys, trees, buildings, and other physical obstructions and due to the nature of radio waves, each coverage area or "cell" is irregularly shaped. These coverage areas, theretbre, have some overlap to ensure "seamless" coverage. With some overlap and sufficient signal strength from each base station, the T-Mobile user can move through these cells and reliably transmit, receive or maintain voice or data connections. Each facility is engineered to cover a limited area so that an antenna facility will cover only the area sm~'ounding it but will not interfere with other sites in the system. 7. The 3G system is the next generation evolution to 2G in te]ecommmfication that is designed to provide a wide spectrum of services involving voice and high-speed data rates. In comparison to data rates of up to 384Kbps in 2G networks, data rotes in 3G can go as high as 7.2Mbps and beyond. T-Mobile customers with data-cards and 3G phones will be able to do web browsing, emailing, watching mobile TV/video on demand, video conferencing, playing online games, etc. Some specialized services are also afforded due to 3G services, such as Location-based services whereby a provider sends localized weather or traffic conditions to the phone, or the phone allows the subscriber to find nearby businesses or friends. Compared to 2G services, 3G allows simultaneous use of speech and data services and higher data rates. 3G network offers greater security than 2G predecessors. 8. 3G services require a strong/robust backhaul network, which will be afforded by AAV. AAV is a fiber based transport backhaul network which provides diverse architecture, lower cost to the carrier, virtual unlimited capacity and simplified transport vendor interaction. AAV will support our network to cater for increased traffic demands, provide increased reliability and EthernetJlP capability. With a 3G system, a strong backhaul transport network such as AAV will harness the tree potential of technology. 9. The proposed replacement antennas must be affixed at least as high as those depicted on the plans in order to ensure that reliable service can be afforded to T-Mobile users in the vicinity of the site. The location and height of the antennas is determined by some or all of the following factors: availability of existing structures, drive test data, location of existing antenna sites in the area, topography in the surrounding area, land cover features in the area such as buildings and foliage, and the results provided by computer propagation software that enables radio frequency engineers to predict the anticipated signal propagation at a given height and location. 10 Mark Cosgrove, the National Director of Radio Frequency Engineering for T-Mobile has previously prepared in in-depth explanation of T-Mobile's design standards and criteria in the fo~,n of an Affidavit, prepared on January 23, 2006 ("Cosgrove Affidavit"). 11. I have reviewed the Cosgrove Affidavit, which is attached hereto, and am in agreement with all of its contents. 12. In order to illustrate the effect that the existing site has on coverage in its vicinity, propagation maps have been prepared demonstrating the In-Vehicle and In-Building Residential coverage levels described in the Cosgrove Affidavit and required by Town Code Section 280-74B(1)(d). The maps depict the area served by the existing facility. As the maps indicate, the existing facility is of vital importance to T-Mobile's eflbrts to provide reliable service to the area in question. Unless this application is granted, T-Mobile will be unable to continue to provide reliable service in the vicinity of the Premises. 13. The replacement antennas proposed will not interfere with radio or television set-Ace or public safety telecommunications in the surrounding area. Sworn to before me this day of~, 2011. UOAYA MA~LI I~-RJUNAPPA Radio Frequency Engineer JENNIFER DONOHUE Notary public - State of Now ¥o11~ NO. 01DO6211094 Qualifie{I in Suffolk County Co~Drnissio~ Expires 09~08/20 ~¢ Cobbe~s Subject Location Existing Location Coverage (-76dBm) Map: Existing In-Building coverage including LI13-058A Site iD: LI13-058A Site Name: Southo~d Substation Site Address: Main Rd, Southold NY 11944 .Mobile Prepared by: Udaya Malikarjunappa RF Engineer for T-Mobile Map Date: 07/18/2011 ~¢ Cobbe~s Subject Location Existing Location Coverage (-76dBm) Map: "Gap Map" In-Building coverage without LI13-058A Site iD: LI13-058A Site Name: Southold Substation Site Address: Main Rd, Southold NY 11944 ,Mobile Prepared by: Udaya Malikarjunappa RF Engineer for T-Mobile Map Date: 07/18/2011 Subject Location Existing Location Coverage (-84dBm) Map: Existing in-Vehicle coverage including LII3-058A Site ID: LI13-058A Site Name: Southold Substation Site Address: Main Rd, Southo~d NY 11944 · - ,Mobile Prepared by: Udaya Ma]ikarjunappa RF Engineer for T-Mobile Map Date: 07/18/2011 Subject Location Existing Location Coverage (-84dBm) Map: "Gap Map" In-Vehicle coverage without LI13-058A Site ID: LI13-058A Site Name: Southold Substation Site Address: Main Rd, Southo~d NY 11944 ,Mobile Prepared by: Udaya Malikarjunappa RF Engineer for T-Mobile Map Date: 07/18/20~ 1 Subject Location Existing Location Coverage (~75dBm) Map: Existing Coverage Including LH3-058A Site iD: LI13-058A Site Name: Southold Substation Site Address: Main Rd, Southo~d NY 11944 ..Mobile Prepared by: Udaya Malikarjunappa RF Engineer for T-Mobile Map Date: 07t18/201"~ ~Y Cobbe~s Subject Location Existing Location Coverage (-75dBm) Map: "Gap Map" coverage without LI13-058A Site iD: LI13-058A Site Name: Southold Substation Site Address: Bain Rd, Southo~d NY 11944 ~..Mobile.~ Prepared by: Udaya Ma~ikarjunappa RF Engineer for T-Nlobile Map Date: 07/1812011 Subject Location Existing Location Coverage (-85d~Bm) Map: Existing Coverage Including LI13-058A Site ID: Ll13-058A Site Name: Southold Substation Site Address: Main Rd, Southold NY 1 ~944 -Mobile Prepared by: Odaya Ma~ikarjunappa RF Engineer for T-Mobile Map Date: 07FI8/2011 Subject Location Existing Location Coverage (-85dBm) Map: "Gap Map" coverage without LII 3-058A Site iD: LH3-058A Site Name: $outhold Substation Site Address: Main Rd, Southoid NY 11944 -Mobile Prepared by: Udaya Malikarjunappa RF Engineer for T-Mobile Map Date: 07/18/2011 Subject Location Existing Location Coverage (=95dBm) Map: Existing coverage including LI13-058A Site ID: LII3-058A Site Name: Southold Substation Site Address: Main Rd, Southo~d NY 11944 -Mobile, Prepared by: Udaya Nla~ikarjunappa RF Engineer for T~Mobile Map Date: 07/18/2011 Subject Location Existing Location Coverage (-95dBm) Map: "Gap Map" coverage without LI13-058A Site ID: LII3-058A Site Name: Southold Substation Site Address: Nlain Rd, Southold NY 11944 · - .Mobile Prepared by: Udaya Malikarjunappa RF Engineer for T-Mobile Map Date: 07/1812011 In the matter of OMNIPOINT COMMUNICATIONS, INC. Affidavit State of New Jersey County of Morris ) ) SS; ) MARK COSGROVE, being dui3, sworn, does depose and sa),: 1. I am a national Director of Radio Frequency Engineering for Omnipoint Communications, Inc. (the "Applicant" or "Omnipoint'). I submit this affidavit iu support of the application by Omnipoint for approval for the installation of a wireless communication public utility facility ("FaciliB,'). 2. I mn a qualified radio frequency engineer. I have been trained to identi~ gaps in reliable service in wireless communications systems and to assess the ability of proposed m~tenna sites to remedy gaps in signal coverage. I have extensive training and experience with respect to Omnipoint's wireless system and technology, as detailed by my curriculum vitae, a copy of which is attached hereto as Exhibit 1. 3. I have 15 years experience designing, implementing and operating wireless networks, specifically Global System for Mobile communications technology ("GSM") based networks. GSM technology is a second generation digital technology originally developed for use in Europe and which is now used by more than seventy-one pement (71%) of the world market. mobile technolo~. GSM technology is, therefore, a veT common 4. The purpose of this affidavit is to establish the technical and scientific basis for Omnipoint's design criteria as it relates to signal level. Omnipoint's Design Criteria 5. By way of backgrom~d, Omnipoint has established design criteria so that its wireless network will provide reliable wireless service to its customers, whether those customers are on the street, in a vehicle, or in a building. Providing reliable service to Omnipoint's customers within vehicles and buildings is critical for Omnipoint to provide the quality of wireless service that customers demand and successfully compete with other wireless providers, such as Sprint Nextel, Cingular and Verizon Wireless. To meet customer demands, there are three levels of coverage that Omnipoint strives to provide: In-Vehicle coverage, In-Building Residential coverage, and In-Building Commemial coverage. It is important to understand that the levels of coverage do not represent an objective to achieve a higher level of call quality but to maintain a minimum signal strength and hence reliability of service at the mobile handset as the environment changes. As further detailed below, the signal is, by its nature, subject to attenuation depending upon the conditions and characteristics of the area. The following is a brief description of each level of coverage. 6. In-Vehicle Coverages: To successfully provide reliable In-Vehicle coverage, an Omnipoint customer should be abIe to place or receive a call within a vehicle successfully across 95% of a site's coverage area. In-Vehicle coverage is the minimum level of acceptable coverage within the Omnipoint network in areas with low population and along major highways covering rural areas. One must bear in mind that designing for only the In-Vehicle coverage threshold will typically result in um:eliable in- building coverage, and hence customer dissatisfaction. However, since the signal level is stronger closer to the antenna site than further away from the antenna site, there will be some coverage within buildings close to the site. At this time, Omnipoint utilizes the In- Vehicle coverage design in low population density areas within Omnipoint's licensed coverage area. 7. In-Building Residential Coverage: To successfully provide reliable In- Building Residential coverage, an Omnipoint customer should be able to place or receive a call on the ground floor of a building that is three stories or less in height successfully across 95% of the site's coverage area. In-Building Residential coverage is the mid-level of coverage within Omnipoint's network. In-Building Residential coverage is targeted for residential areas and Iow-rise commercial districts with building heights of three stories or less. This type of coverage will typically provide reliable coverage over the majority of the cell coverage area; however in some areas, and specifically at the outer geographic boundaries of the cell sites' coverage area, coverage will be restricted only to rooms with windows and will likely lead to customer dissatisfaction if customers try to place or receive a call inside a windowless room, cellar or emergency shelter_ 8. In-Building Commemial Coverage: To successfully provide reliable In- Building Commercial coverage, an Omnipoint customer should be able to place or receive a call on the ground floor of a building that is greater than three stories in height successfully across 95% of a site's coverage area. In-Building Commercial coverage is the top level of coverage within the Omnipoint network at this time. In-Building Commercial coverage is targeted for urban residential centers (high-rise buildings), urban business districts and suburban business centers. Coverage issues may still occur in hard to serve locations such as within elevators and parking structures. 9. Signal Strength: To provide these levels of coverage, Omnipoint has scientifically determined the strength of the wireless signal ("signal strength") necessary to provide In-Vehicle coverage, In-Building Residential coverage, or In-Building Commercial coverage. Because wireless signals are attenuated (i.e. degraded or partially blocked) by obstructions such as trees, automobile windows, automobile sheet metal, and building materials such as wood, brick and metal, a wireless signal must be of sufficient strength in the ambient environment (i.e. outside with no obstructions) to reliably penetrate into automobiles and buildings. 10. Assume for example that a homeowner placed a radio on the front lawn of his house and played a song. The sound level would be louder closer to the radio than farther away because audio sound waves weaken as they travel farther away fi-om their source. The song will be clearly audible to a person with average hearing capacity sitting on the front lawn next to the radio. Another person may be able to hear the song within her car parked in the driveway a short distance away from the radio, although she may have difficulty deciphering the words. Still another person within the house may not be able to hear the song at all. For the person within the house to hear the song, the radio must be moved closer to the house. The song cannot simply be made louder within the house by turning up the volume, as there is a practical limit Io how much sound (power) the loudspeakers can produce without physically damaging the radio, or introducing distortion into the sound. Similarly, a cell site's transmission power is limited by the physical output power capabilities of the amplifiers and the legal restrictions of the licenses Omnipoint operates under. It is also important to understand that unlike this simple radio analogy, a wireless telecommunication system is a two-way system. The signal is transmitted from the antenna site to the receiver in the wireless phone. The wireless phone transmits a signal back to a receiver at the antenna site. Each signal link must work for reliable two-way communication. Therefore, Omnipoint cannot simply turn up the power on its antemaa site to provide a stronger signal level because doing this has no impact on the ability of the mobile phone to transmit a signal back to the receiver at the antenna site. The radio frequency power output of mobile phones is far less than the typical output power at the cell site. Although the cell site has some techniques to redress this power imbalance, the link must remain balanced. Accordingly, the relevant question is as follows: How close must the radio be to the house so that the radio xvaves are strong enough for the person in the house to clearly hear the song? In like manner, Omnipoint's design criteria reflect the need to provide a wireless signal strong enough to provide reliable service within a vehicle or building. l I. _Required Signal Strength Levels: Wireless signal strength is measured on a logarithmic power scale referenced to 1 milli-watt of power. Signal strength levels less than lmitli-watt being negative. The smaller the negative dBm number, the stronger the 4 signal. For example, -76dBm is a stronger signal level than -84dBm. Omnipoinfs system requires an ambient signal level of -84dBm to provide reliable In-Vehicle coverage, and an ambient signal level of-76dBm to provide reliable In-Building Residential coverage. An ambient signal level of-71dBm is required to provide reliable In-Building Commercial coverage. These signal level requirements provide the basis for Omnipoint's design criteria. The Technical Basis for Omnipoint's Design Criteria 12. At present Omnipoint's design criteria for wireless facilities serving an area are based upon providing 95% reliable signal over a site's coverage area to ensure reliable service for customers. This standard reflects a business judgment that 100% reliability is an tmrealistic goal at this time due to financial, technical and environmental constraints. A 95% level of reliability is consistent with the level of service provided by Omnipoint's competitors. Providing service at this level allows Omnipoint to satisfy customers' demands and compete on an equal footing with competitors serving this market. 13. To achieve the 95% reliable design goal, maximum path loss values are derived based upon Omnipoint's technology and the area served. Path loss means the amount the Omnipoint signal is de~aded from the point at which the signal leaves the Omnipoint anterma site until it reaches the Omnipoint customer's mobile device or telephone. The equation is as follows: In-Building coverage = Receiver Sensitivity + Body Loss + In Building Loss with Standard Deviation + Fade Margin. Each component of this equation is described below. I4. Returning to our earlier example of the radio on the lawn, we must first determine the minimum song volume for a typical person to hear the song. This is the equivalent to the Receiver Sensitivity. We must then determine the degree to which the vehicle, the building and other obstructions in the envirom~ent obstruct the song, which is the equivalent to the path loss. Fh~ally we need to introduce the concept of probability. As we do not know the exact location or direction of the listener, we need to make some 5 adjustments for known variances to provide us with a 95% success target, this is the Fade Margin. These radio frequency engineering concepts are explained in more detail below. 15. Receiver Sensitivity: We start with the minimum signal level necessary for a common Omnipoint telephone or wireless device to reliably operate. This minimum signal level is known as the receiver sensitivity, or RX sensitivity. Using the prior example, the minimum signal level is the minimum volume level the radio must be set to enable a typical person to hear and understand the lyrics of the song. 16. Omnipoint's technology is defined by the PCS 1900 Specification, "Radio Transmission and Reception", J-STD 007 Air Interface: Volume 1, 1998, which is based on the European Telecommunication Standards Institute (ETSI) GSM recommendations (05.05: ETSI EN 300 910 V8.5.0 (2000-07)). Both technical documents specify a Receiver Sensitivity value of-102dBm for mobiles operating in the United States. In these independent technical specifications the Receiver Sensitivity is referenced to certain Bit Error Rates ("BER"). The BER limits the speech quality of the call. Receiver Sensitivity refers to the practical limit at which speech quality of a wireless call starts to be severely impacted. The actual BER auained by a mobile device is dependent on a number of factors, including the build quality of the mobile device, the environment the mobile device is operating in (whether in a City or rural area), the speed the mobile user is traveling (slow moving mobile devices suffer extreme variations in performance), the type of radio cartier can3,ing the mobile call (GSM uses different types of carriers, each having differing performance characteristics) and finally the amount of interference present from other Omnipdint mobile users and other external sources. 17. Real world Receiver Sensitivities (the true limit of acceptable speech) can vary between -93dBm and ~108dBm depending on the above factors. ETSI Technical Report 03.30 (GSM Plmming Aspects) reconm~ends Receiver Sensitivity of-102dBm. In addition, this Technical Report also recommends the use of an Interference Margin of 3dB. This is due to the manner in which Receiver Sensitivity, is specified in GSM. Receiver Sensitivity is specified as the performance limit in a purely noise limited environment (a single radio carrier). Mobile handset receivem in real world uses operate in the presence of interference as cartier frequencies are re-used. To account for this additional signal degradation an additional allowance of 3dB is made at the receiver due to the presence of these multiple interfering sources. This reduces the Receiver Sensitivity to -99dBm. GSM interference performance is only guaranteed at signal strengths above Receiver Sensitivity. See GSM Recommendations 05.05. 18. Omnipoint has opted not to expressly highlight this Interference Margin in our design guideline calculation since our practical experience has been that the mobile devices have achieved slightly better performance than that originally specified in the GSM Recommendations. Omnipoint effectively uses a design level of the Receiver Sensitivity of-105dBm plus the 3dB interference Margin. Tttis design level also matches the output power of I W maximum available power from the mobile device, i.e. a lower assumption on the Receiver Sensitivity would only make the link limited by the mobile to cell site transmission path. 19, Next, we must factor in the signal path losses relative to the receiver sensitivity. Such signal path losses include the body loss, vehicle or building loss, the standard deviation and fade margin as explained below. To return to the analogy by considering these factors we are addressing, to what extent does the car, building or other variables in the environment obstruct the song? 20. Body Loss: Since the mobile device or phone is carried and used by a person, the position of the mobile device or phone with respect to the user's body has an effect on the received radio signal. When the user's body is situated between the mobile telephone's antenna and the antenna site, the user's body will absorb some of the radio energy. Omnipoint customers do not ordinarily position the telephone so that the antenna on the mobile telephone directly faces the antenna site. Therefore, the customers' bodies often partially block the signal. Additional factors can influence Body Loss. For example, in New York State it is illegal for a customer to use a mobile device while driving, and hence customers use either wired or remote headsets. Customers now generally keep the mobile devices clipped to a belt or in a breast pocket. Studies have 7 produced detailed measurements of the effect of body shielding with respect to mobile device position for different radio environments. See Sakamoto M. et al: "Basic Study on Portable Radio Telephone System Design" IEEE VTC Conference 1982. For mobile devices held vertically, the body loss varies from 1.5dB for the head to 4.9dB for the trunk (a mobile device clipped to a belt or placed in a jacket pocket for example). For a mobile device held horizontally, the loss due to the head increases to 5.SdB, with the loss due to the mink being 4.2dB. ETSI Technical Report 03.30 GSM Planning Aspects recommends use of a body loss of 3dB. Based on the foregoing, Omnipoint uses an average body loss of 3dB. 21. Building Loss: The concept of building attenuation, commonly referred to as building loss, has long been defined as the difference between the median field strength intensity at street level averaged around the exterior of the building, and the median field strength intensity at a location on the first floor inside the building. This difference is known as the building loss. See Rice LP: "Radio Transmission into buildings on 35 and 150 MHz" Bell Systems Technical Journal 1959. Many measurements have been performed to derive values of the mean building loss for different types of buildings and environments. One researcher found mean losses of approximately 27dB for downtown Tokyo. See Kozono et al: "Influence of Environmental Buildings on UHF Land Mobile Radio Propagation" IEEE Transactions on communications October 1977. Another researcher has described losses of 15dB for downtown Chicago. See Walker E H: "Penetration of radio signals in to buildings in a Cellular Environment" Bell Systems Technical Journal 1983. Extensive measurements were performed at 900MHz in New York and determined that the median value of loss is 20dB. See Durante J: "Building Penetration loss at 900MHz' IEEE VTG Conference 1973. Researchers in Philadelphia, measured building losses averaging 16dB at 1900Mhz and 19dB at 800MHz for a range of buildings in urban, suburban and rural areas. See Tanis W and Pilato G: "Building penetration characteristics of 880MHz and 1922MHz Radio Waves" IEEE Journal 1993. Measurements in Liverpool, UK, showed losses averaging 13.4dB for measurements made at the ground floor of buildings. See Turkmani A and Toledo A: Radio Transmission at 1800MHz in to and within multistory buildings", IEEE Proceedings-l, vol 138, No 6 December 1991. Further measurements 8 within Liverpool showed losses of between 24dB and 9dB for buildings in the City center and losses on the University campus of between 14 and 18dB. See Toledo A, Turkmani A and Parsons J, IEEE Personal Communications, April 1998. The ETSI Technical Report 03.30 (GSM Planning Aspects) uses building losses of 15dB for urban and 10dB for rural areas. Based on the foregoing, and as further described below, Omnipoint uses an 11 dB loss for In-Building Residential and a 16dB loss for In-Building Commercial. 22. In addition to the "static" loss of 11 and 16dB, Omnipoint uses the reported "Standard Deviation" of building loss of 6.SdB and 7.0dB as reported in the references above. Durante and Rice compiled the largest set of measurement results in order to extract the standard deviation of the building loss. Rice quoted a deviation of 12 to 14dB around the mean loss and Durante reported 5 to 7.SdB deviation for ground floor measurements. Turkmani et. al. reported a standard deviation of 7.2dB for the buildings in the Liverpool measurement study. Standard Deviation is used to overcome the statistical distributions of building losses in an area. For example, the average loss for Residential buildings may be 1 IdB. However, some buildings made of brick or with aluminum siding, for example, may have much greater losses as high as 25dB or more. The standard deviation of the building loss is used in a calculation to ensure that 95% of buildings are covered and not just 50% of buildings if only the mean loss was taken into account. 23. Vehicle Loss: With respect to vehicle loss, it is important to note that the majority of customers usc hand portable devices without exterior antennas on the vehicle. The signal strength loss due to the need to penetrate the vehicle to reach the handset must be taken into account when designing RF coverage for highways using the In- Vehicle coverage criteria. Extensive measurements have been performed at 900 MHz in three vehicle types; mirfivan, full sized car and smalI sports car. See Ivica Kostanic, Chris Hall and John McCarthy, TEC CELLULAR, Inc., VTC IEEE Conference 1997. Measurements were made with the mobile phone adjacent to the driver's head, with the mobile phone on the dashboard and with the mobile phone on the passenger seat. It was determined that for a minivan, losses (including body losses) were between 8 and 9dB with a standard deviation of 2 to 3dB. Losses for a full sized car were between 7.25 and 9 9dB (including body losses). Due to size of the windows in the small sports car, losses were found to be higher at between 9 and 14dB. ETSI Technical Report 03.30 (GSM Planning Aspects) recommends a vehicle loss of 6dB. Based on the foregoing, Omnipoint utilizes a figure of 6dB for vehicle losses. 24. Fade Margin and Standard Deviation: The standard deviation is a mathematical expression of how a set of data samples varies from the mean value. For example, if an observer was to measure the speeds of cars passing a point and plot the number of cars observed at each speed the graph would probably resembles a "Bell" curve. One speed will be the mean or average speed and represent the top of the Bell. On either side of this mean, fewer and fewer cars will have higher or lower speeds, forming the sloping sides of the Bell. The Standard Deviation is a measure of the width of the Bell. A low Standard Deviation would represent a narrow Bell. A large standard deviation would represent a wide Bell. In a mobile radio environment the observed signal strength varies at any point due to the radio waves taking numerous different paths from the transmit antenna to the receiver antenna and the minute variations in the surroundings (moving objects, vibrations, temperature effects, and local obstructions such as cars and trees). These effects produce "Fast" changing signal strengths at the mobile device. These effects are generally overcome by system features such as "Frequency Hopping", where the radio frequency is changed many times a second. Terrain obstacles, trees, and buildings, produce "Slow" changing effects, where the signal strength at the mobile device can change as the user moves a short distance. All of us will experience these effects if we talk on a wireless handset while walking. The observed signal strength will change as we move along. Slow fading effects result in a margin of error between the propagation tools used to prepare the coverage maps, and the mean signal at the mobile device. These Slow or Shadow fading effects must be compensated for in the design of the system. 25. Digital planning tools try to match a model of the propagation environment to kno,~q measurements in an area. If the model is successful then the accuracy of the model will approach the slow fading levels encountered in the field. A good model will estimate the long-term average mean of the signal over the prediction l0 square or bin (generally a 100 meter or 25 meter square). The slow fading and any additional model errors will be seen as a standard deviation of the tool when compared to known measurements. The planning tool that Omnipoint employs uses industry leading digital terrain and environmental databases and uses advanced calculations to produce an accurate estimation of the signal strength on the ground. The accuracy of the tool is better than 8 to 12dB Slm~dard Deviation depending on environment as quoted by the manufacturer Aircom and verified by field measurements. The tool uses the European Cooperation in the Field of Scientific and Technical Research Subgroup on Propagation (Cost 231) Model. This is an extended version of the industry standard Okumura-Hata model. 26. Slow fading measurements in the field show a typical range of between 4 and 6 dB for non line of sight environments and between 6 and 9dB where a dominant propagation path exists. See Turkmani A and Toledo A: Estimating Coverage of Radio Transmission in to and within Buildings at 900, 1800 and 2300MHz, IEEE Personal Communications, April 1998. Based on the accuracy of the tool in resolving shado~fng errors and the residual slow fading error inherent in radio transmissions, Omnipoint utilizes a slow/shadow fading standard deviation of 8dB. It is important to understand that the published measurements of slow fading relate to measurements at a single point whereas Omnipoint is setting a compensation figure for the variance in predicted signal over a wider 100m bin. 27. The building losses also include a measure of variance with the Standard Deviation of the building losses being between 6.5dB and 7.0dB. The slow fading Standard Deviation and the in-building loss Standard Deviation are statistically independent and hence can be combined in to a single distribution using the following formula: (J =~(G2slo~4'ading+ IJ 2building loss) 28. The computer software-planning tool creates a propagation map by predicting the average signal strength for a small area (e~g. a 100m by 100m square), based on a digital terrain database and a computer model that predicts the mean signal for II each small area. A margin of error due to the Standard Deviation of the slow fading and building losses exists between the tool's prediction and the expected mean signal level. 29. The expected signal strength forms a lognormal distribution (a "bell" curve) around the predicted local mean. In other words, due to the variation in the environment across the predicted area, an additional margin is needed such that a certain probability of coverage is attained. This margin is deemed the Fade Margin. 30. Two methods may be used to calculate the Fade Margin. The first method uses the probability of a detected signal strength exceeding a defined threshold across a single prediction square (edge probability). The second method uses the probability across many squares to provide a wide area probability (cell area probability). Both probabilities are interlinked and depend on the variation in signal strength across the small prediction area, i.e. the standard deviation ("o"). 31. Determination of the fade margin and associated area cell reliability figures are calculated using the lognormal fading equations and methodology. See W.C. Jakes, Jr., "Microwave Mobile Communications," John Wiley & Sons, New York, 1974 (p. 126). This is the standard recommended methodology as described by the ETSI Technical Report of GSM Planning Aspects. The appropriate fade margin for 95% reliability employs the following equation: Given that X0 - ~ a = -- b = 10nlog(e) Where Fu represents the fraction of useful area for which the signal strength x exceeds a given threshold Xo (the wanted fade margin), o is the combined standard deviation and n represents the distance/power law relationship. "n" is the rate at which radio waves 12 decrease with the Log of distance. It has been shown to be between 2 and 6, see Turkmani A and Toledo A: Radio transmission at 1800MHz into and within multistory buildings, IEE Proceedings vol 138, No6 Dec 1991. The value of "n" depends on the environment and propagation conditions. Omnipoint uses a value of 3.5 as recommended in ETSI Technical Report 03.30 (GSM Planning Aspects). For example, in a suburban environment, design levels for In-Vehicle would be calculated by the following: o= 8dB Body Loss = 3dB ha vehicle loss = 6dB Receiver Sensitivity = - 102dBm Path loss n = 3.5 Reliability = 95% The required signal on the street outside the vehicle would be: Xo = Receiver Sensitivity + body loss + In-Vehicle loss = -102dBm + 3dB + 6dB = -93dBm Setting Fu= 0.95, n=3.5 Xo=-93dBm and o'=SdB and solving for X in the equation above gives X= -84.4dBm, i.e. a total fade margin of 17.6dB. 32. The appropriate signal strength planning levels for all area types are shown in the table below. MS (Rx Fade Margin Planning Area Sensitivity) and losses Level In-Vehicle - 102 dBm 17.6 -84.4 dBm ha-Building -102 dBm 26.0 -76.0 dBm (residential) In-BuildIng -102 dBm 31.4 -70.6 dBm (commercial) 13 33. Based on thc foregoing, Omnipoint's design criteria are factually and statistically justified. Based on the foregoing, I respectfully request that the application by Omnipo/nt be favorably considered and thc rcqucsted ap!~rov~l be granted forthwith. Respectfully submkt~, COSGROVE Sworn to bcfor~ me this 2%r~ day of Sanuary, 2006 - Notary Public Z:'~ SDATA~'WPDATA~'~ ~3%RD~voi~-'n~gro~e · ROSERTA S BORNS'I'EIN Notary Public 'of New Jersey My Oommision Exl3ir6.s 7/03/10 ]4 Exhibit 1 Mark Cosgrove Curriculum Vitae Mark Cosgrove 21 Clinton Ave, Maplewood NJ 07040 Mark.Cosgrove~t-mobile.eom SUiVIMARY More than 20 years of experience in the telecommunications field, with more than 15 years in wireless RF engineering. Experience with GSM, PDC, GPRS, EDGE, and CDMA technology. Proven track record of managing major projects, large departments, and complex development issues. Experienced in all aspects of technology development, network operation, planning and deployment, having managed R&D activities in several major companies and built and operated Cellular networks th the world's largest markets. US Green card holder, British Citizenship. EDUCA~ON University of Essex, England, B. Eng (Hons) Electrical and Electronic Engineering (Telecommunications) 1984 - 1987 EM~PLOYMENT T-Mobile USA 2000 - present Director RF Engineering New York Metro, Parsippan); NJ, Ur3A 2004 - Providing leadership and strategic management to the RF Optimization and Planning departments for New York Metro area, a department of over 100 engineers. Ensuring the smooth day-to-day running of a 2200 site market, carrying over I million Erlangs of traffic per day, with a development budget in excess of $550 million, and over 600 site per annum build plan. Tasks include setting the technical strategy and vision for the market, distilling this strategy to the departments and ensuring goals and objectives support a common development path. Development of work procedures, process mprovement and documentation to improve efficiency. Directly involved in the training of engineering staff. Director RF System Engineering, Bellevue, WA, USA 2000 - 2004 Managing a department of 50 people, with responsible for all aspects o£ RF planning (planning guidelinas, documentation, planning tools, capacity roadmap and features); R.F performance (statistical tool development, forecasting tools, network enhancement task force, GPRS performance); and BSS engineering (technical vendor management, new feature testing and implementation, hardware and software development). Major projects include development, standardization, and initial deployment of GPRS, EDGE, AMP~ TI'Y, and E911 (phase 2 software, hardware, and functionality), development of company strategies and business cases. Responsible for developing T-Mobile's 3G strategy, based on W-CDMA, CDMA2000, EDGE, 802.1 lb, OFDM, and other emerging technologies. Main technical representative for T-Mobile when dealing with FCC, authoring T-Mobile's technical waivers for E9I 1 and TTY and presenting progress reports direct to FCC Commissioners and Wireless Bureau Executive Staff, Omnipoint Communication Services 1998 - 2000 Principle Engineer/RF Manger New Jersey, NYMT,~ Engineering Dept, Wayne, NJ, USA As sole Principal Engineer for Omnipoint corporate, responsible for defining and implementing technical and managerial standards in the areas of: RF Planning and design, RF Performance and Optimization, traffic forecasting and prediction methodologies, and EME safety standards. Managed Ericsson and other ancillaD, equipment vendors, responsible for technical assessment and approval. Brought in to NJ to revive poor performing market; reduced the drop call rate in New Jersey to less than 1.5% from more than 4.0% in the first three months of taking responsibility for the performance of the system. Took responsibility for planning and optimization, managing a team of ll engineers, building nearly 300 sites in 18 months. Managed technology change out from Ericsson to Siemens. Airtouch International 1994 - 1998 Technical Director, Technical Engineering Dept, [Falnut Creek, C.~, US.d 1997-1998 Managed the technical program of R&D in the areas of CDMA, GSM, PCS, mobile satellite, wireless data, WLL, advanced intelligent networks, and enhanced services. Working directly with all international markets, external organiza..tions, and vendors to set Ai~ouch's technology strategy, introduce new technologies in to the market place and develop new business applications and opportunities. International RF Manager, Tokyo Digital Phone Group, Tokyo, Japan 1994-1997 Managed a staff of ten engineers in this Airtouch joint venture. Responsible for radio cell planning and the design and development ofa PDC system in Tokyo. Major achievements included revamping the planning process, resulting in more than 200 new sites planned for central Tokyo in eight months, accelerating the cell build program ahead of schedule. Managed a radio capital budget of more than US$300 million. Personal initiatives during commercial negotiations resulted in capex savings of more than US$50 million. Authored technical reports on capacity options, network architecture, new technology, cost analysis of cell design, system quality, and half-rate coding. British Telecom 1980 - 1994 GSM RF Manager, Cellnet, Slough, England 1990- J 99¥ Project manager for the development and introduction of GSM radio, with additional responsibility for research management. Major achievements included authoring sections of GSM air interface specification through the ETSI committee, negotiating technical contracts with Motorola and Nokia, successfully managing the approval process for vendors, identifying design problems and improvements in performance, and producing radio planning and design rules for GSM. Planned and introduced the first two GSM networks for BT CellneI in the UK Computer Systems Manager, BT, LOndon, England 1990 Responsible for supporting and developing project management tools and databases used by a team delivering a US$750-million microwave radio-based communication network to the British Ministry of Defense. Designed and developed a secure computer system, providing centralized database and management tools. Developed training packages and courses for users. Microwave Development Manager, BT, London, England 1987- 1990 Responsible for managing the specification, design, development, vendor negotiation, and type- approval of fixed-link microwave radio systems in the 6GHz, 11GHz, and 18GHz bands. Responsible for developing computer prediction tools and performance monitoring equipment. Personal achievements included successfully managing a new ] 8GHz vendor for 2Mbit systems. Engineering Technician, BT, Manchester, England 1980-1987 Entered BT as an Apprentice Engineer, working in all aspects of the fixed line business before specializing in transmission system construction. Work areas include digital and analogue transmission system construction, optical fiber installation and jointing. Award scholarship to attend University of Essex in 1984. VISUAL RESOURCE EVALUATION FOR A PROPOSED COMMUNICATIONS FACILITY AT Southold Substation Main Road Southold, New York 11971 Town of Southold Suffolk County Prepared for: T-Mobile Northeast LLC 3500 Sunrise Highway Suite D 203 Great River, New York 11789 Prepared by: DMS Consulting Services, Inc. 65 Ramapo Valley Road Suite 4 Mahwah, New Jersey 07430 October 28, 2010 DMS CONSULTING SERVICES, INC. INTRODUCTION T-Mobile Northeast LLC ("T-Mobile") seeks approval to maintain and upgrade its existing non-permitted wireless telecommunications facility which is located within the parcel grounds of a LIPA/Keyspan property, specifically known as the Southold Substation. The Southold Substation is located on the northerly side of Main Road at a distance of approximately 470 feet west of the intersection with Chapel Lane, within the Town of Southold, Suffolk County, New York (the "Subject Parcel"). The Subject Parcel is further identified as District 1000 Section 45, Block 1 and Lot 14.1 on the Suffolk County Tax Map. This project entails the removal and replacement of T-Mobile's existing antenna equipment currently collocated at the existing 84-foot utility pole. Four (4) additional cabinets would locate within the existing fenced compound. The primary components of the upgraded T-Mobile facility would consist of the antennas, four (4) cabinets, together with conduits, cables, cable port and additional concrete slab, all of which are collectively referred to as the "Proposed Facility." This report reviews the existing land uses, environs, visual setting and conditions of the Subject Parcel and surrounding area within which the Proposed Facility would co- exist. The viewshed currently incorporates an existing facility and associated utility poles within the Subject Parcel and along roadside right-of-way within the area. No change in height is proposed and existing mitigation measures would remain; therefore the proposed action would not alter the visual setting or zone of visibility previously established by the existing structure. A field visit and windshield analysis was conducted by DMS Consulting Services, Inc. ("DM S Consulting") on October 21, 2010. L113058 PROJECT DESCRIPTION The project is a modification of an existing non-permitted wireless telecommunications facility. Drawings prepared by William F. Collins Architects, LLP ("WFC"), with a revision date of September 3, 2010 illustrate that the existing utility pole is one within a row of wooden utility poles all situated within the Subject Parcel. Three (3) antennas are currently flush mounted along the exterior, at the top of the pole. A 6- foot high chain link fence encloses an existing equipment compound, of which the utility pole lies within. The existing installation is supported by two (2) equipment cabinets southeast of the utility pole, within this compound. Utility service panels are also within the enclosed compound. These conditions at grade will remain. The proposed modification would remove and replace the existing three (3) antennas with like models. They will be painted a dark brown as was the initial installation. Each antenna is positioned to provide service within a specific sector or direction. The existing equipment cabinets will remain within the fenced compound. Each cabinet will have a new booster cabinet placed directly along the side of the cabinet. A new UMTS cabinet along with an attached Pumell cabinet would locate within the northwest quadrant of the compound. This modification would be contained within the existing fenced compound. LAND USE The Subject Parcel is accessed by way of a driveway along Main Road. Only the rear portion of the Subject Parcel is improved, with the remaining land wooded. General improvements consist of a high voltage electric substation and storage tank with sheds and pipelines. All utility services are individually fenced. A utility right-of-way lies directly west and to the south. Parking for vehicles is available on site. Ingress and egress is located offMain Road. Surrounding uses are a mix of commercial, marine, business and residential uses and wooded, vacant lands. Wetlands lie to the west and south. The general rural character of the area keeps improvements primarily along Main Road. Residential uses are located along the minor surrounding roads, some with equine uses. Uses to the south along Main Road include a motel, snack bar and miniature golf and thrift shop. Directly east along Main Road lies a residential use. Vacant lands lie to the west, and vacant lands, a house of worship and a few residences are situated to the north. Structures that exist within the surrounding parcels are 1 to 2-stories in height. This community is nestled within a full vegetative umbrella. The utility pole and existing wireless installation are part of the existing environs and visual setting. 2 L113058 METHODOLOGY A site visit and windshield analysis was conducted on October 21, 2010, from approximately 11:30 AM to 1:00 PM to assess the existing conditions and provide visual renderings of the Proposed Facility that are in keeping with Section 280-74C(3) of the Town of Southold code. The weather conditions during the time frame of the analysis were overcast and rainy, approximately 59° F. Photographs were taken from viewpoints located in publicly accessible areas. Five (5) view points from different locations are provided to illustrate the existing visual conditions and visual changes that would exist due to the proposed installation. Non-Visual Assessment T-Mobile's drawings indicate that the Proposed Facility will be unmanned, entirely contained within the improved grounds of the Subject Parcel. The project does not require any water usage and will not generate sewage, effluent, or trash. Because the Proposed Facility will be unoccupied, there will be no increase in traffic and no need for additional on-site parking spaces. All construction activities would be contained within the Subject Parcel with no hindrance to the abutting parcels. The installation of the Proposed Facility will not alter the use of land adjacent to or in the surrounding areas or require any change in transportation routes. Ingress and egress to the property will not be affected. Visual Assessment A visual evaluation was conducted and considered along public rights-of-way only. Visibility of the existing utility pole and wireless installation was limited to the Subject Parcel and from within the immediate vicinity along Main Road (See Views 1 and 2). This is due to the heavy vegetative buffer and tree line. Visibility of the existing structure remains consistent as no change to the height of this tower is proposed. The closest residence is located along Main Road, directly across from the Subject Parcel. At the time of this field visit, no views of the existing structure were available due to the wooded deciduous buffer within Subject Parcel's frontage (See View 4). Views of the existing utility pole and installation were unavailable from within the majority of the surrounding area. Seasonal changes may offer a seasonal view, which would remain consistent. The existing structure is a present condition that is part of the visual environment. The improvements at ground level required for the Proposed Facility are in keeping with the current improvements of the Subject Parcel's primary use with visibility limited to within the said parcel. 3 L113058 CONCLUSION Accordingly, five (5) views are presented illustrating the existing visual conditions at the Subject Parcel and from within the surrounding community and the modification proposed. These modifications would not negatively alter the view shed as it exists, nor change the current zone of visibility. Those within the area that currently view the existing utility pole and antennas would remain unchanged. The replacement of the antennas on an existing structure does not alter the height of width of the existing structure; therefore resulting in no visual changes from within the community. The Proposed Facility is a passive use that would not alter the existing level of vibrations or traffic that currently exists nor does it emit fumes or odors during its operation. It is unmanned and does not require parking nor would the proposed action reduce the existing number of parking spaces available. The Proposed Facility continues to make use of an existing structure and would not change the location or height of the utility pole. The original footprint of the existing compound will remain the same. This propose modification would not alter any future development within the Subject Parcel or surrounding neighborhood. The Proposed Facility would have no adverse visual impact nor would this modification alter the existing street patterns, general community character or existing environmental conditions. PROCESS The photographs were taken with a Nikon N60 35mm Camera. A Normal Lens was used for all view points. The lens was set on 50mm auto focus to match the human eye's focal view.~ Kodak Gold 200 print film was used for the negatives for this project. All photos were developed in a 4x6 size print and then scanned into digital format at 300 dpi. The images are directly imported into the Adobe Photoshop CS3 sot'tware program in the scanning process. The equipment was built in a 3D program, Autodesk Discreet 3D Studio Max 9.0 ("3ds Max") in accordance with the Auto Cad drawings prepared by William F. Collins Architects, LLP, with a revision date of September 3, 2010. 3ds Max is a modeling program used for architectural, engineering and landscape visualization renderings. Heights and distance are factors of line of sight perspectives that are used in the scaling of the project. A view point is a specific sight line illustrated on a photograph incorporating all objects between two (2) points within a scaled environment. Bringing a ~ For the 35mm camera £ormat, the normal focal length is about 50mm. (Warren Bruce, Photography 2, Glossary Normal lens: pageA41-A42. (Delmar Thomas Learning, Inc. 2002) 4 L113058 rendered model into a "real time" image requires lighting in accordance with the time of day and existing lighting conditions within the photo itselfi The photographs are imported into the perspective view port where Cam Points (camera point) are assigned to specific locations within the existing photograph in accordance with the angle taken. The 3ds Max program establishes the visual perspective based on the angle, lens and height used when taking the photograph. The camera matching stage is a meticulous process that sets the platform for the correct scale of the model. Model rendering, at this point in 3ds Max, is based on the Cam Points, which fine tunes the visual perspective. This process is required for each individual view point. G1S mapping and aerial views provide the relative distance from the primary control point to the view point. Lighting and colors are matched and applied to the model. The final rendering is imported into Adobe Photoshop CS3 ("Photoshop") where film grain is matched and final details are added in layers. Photoshop is a painting and finishing program. The blending of these layers will create the final image. The final image is exported to post-production software, Adobe Illustrator CS3, and scaled to page size using its Vector Based scaling engine to ensure zero percent distortion in final print. Text additions and final prints are run from Illustrator with Pantone Color Matching on all colors. Final images are printed on photo paper to maximize contrast, brightness and attention to detail for each image. 5 L113058 VIEWS AND DISTANCES The five (5) views described below illustrate the visual conditions that exist and would remain with the installation of the Facility. An icon ora star denotes the location of the proposed structure. Distances from which the views were taken were measured from a scaled aerial view provided by New York State GIS mapping. Views are presented in a 50mm lens, unless noted otherwise. Due to the change in weather at the time of the field visit, View 5 was brightened for printing purposes. View Point Key Distance View I View 2 View 3 View 4 View 5 View taken at the end of the fill station area, looking South. Simulation of Before and After View taken from the side yard of 69430 Main Road, looking Northwest. Simulation of Before and After View of the equipment area, looking South. Simulation of Before and After View from the side yard ofReiter's 7 Acre Farm, looking West. (28mm) No Visibility. View taken from the intersection of Kerwin Blvd. and Main Road, looking Northeast. No Visibility. + 82 feet ± 452 feet ± 46 feet ± 509 feet ± 1882 feet 6 L113058 ,Mobile- ~xlo ~D%ea.st LI_C ~ View point Site LocatiOn Number: LI- 13-058 Project Address: Southold Substation Main Road Southold, NY 1 t 791 CONSULTING SERVICES, INC, Nc>ft~3 ea st LLC I':}k,u' I. l'~kistin,~ view taken at the end (?/'the fitl station area, looking South. Number J Prtsect Address. ~ Ll-13-058 Southold Substation Main Road ~ ¢onsuLll~6 SERVlCB ~ Southold, NY 1 1971 Mahwah, NJ 07430 :F- -l~vlobfle- b~ortf~east LLC Vie~v la. Propos'ed vieu, taken at the ~,nd of the fill station area, tookin~4 South, Site Number L]~/3-058 Prt~eet Address: Southold Substation Main Road Southold, NY 11971 l elobile Site Nttmber: 1,1-I3-058 ['Tcm, 2. ES*t~ting view' taken [bom the side yard q/'69430 Main Road, looking Northwexr Southold Substation Main Road ~ ~Sa~,~poW,,~o~d Southold, NY 11971 Mghwah. ~4J 07430 -Mobile Site Number: Ll~13-058 bqcn~, 4, View taken fi'om the Mde yard qf Reiter ' s 7 Acre Farm. looking Wesr (No VisibiliO, 28mm) - ~ Southold Substation Main Road ~s~ CONSULTING SERVICES, INC. Southold, NY 11971 ~. ~ omo View 5. I.?eu, take. fi'om the intersection qf Kemvin Blvd. and Moin Road, looking hS~rtheast: (~ VixibiliO,) N Soutbold Substation Main Road ~ CONSULTING SERVICES, Soutbold. NY 11971 ~ ~.~a~. ~J omo Pinnacle Telecom Group Professional and Technical Services Antenna Site FCC RF Compliance Assessment and Report T-Mobile Northeast LLC Site LI.13-O58A Main Road Southold, NY SepTember 6, 2Oli 14 Ridgedale Avenue. Suite 209 · Cedar Knolls, NJ 07927 · 973-451-1630 CONTENTS Introduction and Summary Antenna and Transmission DaTa Compliance Analysis Compliance Conclusion Certification 3 5 7 11 12 Appendix A. Background on the FCC MPE Limit Appendix B. Summary of Expert Qualifications Introduction and Summary At the request of T-Mobile Northeast LLC ("T-Mobile"), Pinnacle Telecom Group has performed an independent expert assessment of radiofrequency (RF) levels and related FCC compliance for modifications to antenna operations on a unipole on Main Road in Southold, NY. T-Mobile refers to the antenna site by the code "LI-13-058A". The FCC requires all wireless operators to perform an assessment of the RF levels from all the transmitting antennas at a site whenever antenna operations are added or modified, and ensure compliance with the Maximum Permissible Exposure (MPE) limit in the FCC regulations. In this case, there are no other antenna operations at the site to include in this compliance assessment. Note that FCC regulations require any future antenna collocators to assess and assure continuing compliance based on the RF effects of all proposed and then-existing antennas at the site. This report describes a mathematical analysis of compliance with the FCC MPE limit for safe continuous exposure of the general public. The RF effects of the antennas are calculated using a standard FCC formula - and the analysis is designed to conservatively overstate the RF levels that actually occur from the antennas. In that way, though, as long as the results indicate RF levels below the MPE limit, we can have great confidence the compliance requirement is satisfied. describing the calculated RF levels as simple percentages of the FCC MPE limit. If the reference for that limit is 100 percent, then calculated RF levels higher than 100 percent indicate the MPE limit is exceeded, while calculated RF levels consistently lower than 100 percent serve as a clear and sufficient demonstration of compliance with the MPE limit. We will also describe the overall worst-case calculated result via the "plain-English" equivalent "times-below-the-limit factor". The result of the compliance assessment in this case is as follows: The conservatively calculated maximum RF level from the T-Mobile antenna operation, as modified, is 0.2315 percent (i.e., less than one- quarter of one percent) of the FCC MPE limit. In other words, the worst- case calculated RF level - even intentionally overstated by the calculations - is still more than 430 times below the FCC limit for safe continuous exposure of the general public to the RF emissions from antennas. The results of the analysis provide a clear demonstration that the RF levels from the antenna operation at this site satisfies the criteria for controlling potential human exposure to RF emissions, and the proposed antenna operations are in compliance with the FCC regulations and limits concerning RF safety. Moreover, because of the conservative methodology and operational assumptions applied in the analysis, the RF levels actually caused by the antennas will be even less significant than these calculation results indicate. The remainder of this report provides the following: relevant technical data on the T-Mobile antenna operation at the site; a description of the applicable FCC mathematical model for assessing MPE compliance, and application of the relevant technical data to that model; and analysis of the results of the calculations, and the compliance conclusion for the site. In addition, two Appendices are included. Appendix A provides background on the FCC MPE limit along with a list of key references. Appendix B provides a summary of the expert qualifications of the individual certifying compliance for the subject antenna site. Antenna and Transmission Data The table below summarizes the relevant technical data for the T-Mobile antenna operation. Frequency Bands 1900 MHz and 2100 MHz Service Coverage Type Sectorized Antenna Type Directional Panel Antenna Model (Max. Gain) Andrew ADFD1820-6565B-XD Antenna Centerline Height AGL 81 ft. 3 in. ~900 MHz Data : ! : RF Channels per Sector 8 Transmitter Power/RF Channel 20 watts Antenna Maximum Gain 17.3 dBi Antenna Line Loss Conservatively ianored (assumed 0 dB) RF Channels per Sector 2 Transmitter Power / RF Channel 40 watts Antenna Maximum Gain 17.6 dBi Antenna Line Loss Conse~atively i~nored (assumed 0 dB) The area below the antennas, at street level, is of interest in terms of potential "uncontrolled" exposure of the general public, so the antenna's vertical-plane emission characteristic is used in the calculations, as it is a key determinant of the relative amount of RF emissions in the "downward" direction. proposed T-Mobile antenna model in each frequency band. In these antenna radiation pattern diagrams, the antenna is effectively pointed at the three o'clock position (the horizon) and the pattern at different angles is described using decibel units. Figure 1, Andrew ADFD1820-6565B-XD Antenna - 1900 MHz Vertical-plane Pattern Odeg horizon 5dB/division Figure 2. Andrew ADFD1820-6565B-XD Antenna - 2100 MHz Vertical-plane Pattern ~ 5dB/division 0 deg hodzon Compliance Analysis FCC Office of Engineering and Technology Bulletin 65 ("OET Bulletin 65") provides guidelines for mathematical models to calculate the RF 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 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 MPE compliance calculations for any given wireless antenna operation is as follows: MPE% = (100 * TxPower * 10 (Grnax-Vdisc)/10 * 4 ) / ( MPE * 4x * 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 dowr~ward direction of infc~r'~st; pattern data is taken from [he antenna manu~acturu~ 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 to the point of interest, 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) off the ground, as illustrated in the diagram below. height from antenna bottom to 6.5' above ground level 0 > 500 Ground Distance D from the site Street-level MPE% Calculation Geometry It is popularly 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, and are Well understood to be in compliance. FCC compliance for a multi-band antenna site is assessed in the following manner. At each distance point along the ground, an MPE% calculation is made for the RF effect in each frequency band, and the sum of the individual MPE% contributions at each point is compared to 100 percent, the normalized reference for compliance with the 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 definition, higher than the FCC limit and represents non- compliance and a need to mitigate the potential exposure. If all results are consistently below 100 percent, on the other hand, that set of results serves as a clear and sufficient demonstration of compliance with the MPE limit. Note that according to the FCC, when directional antennas and sectorized coverage arrangements are used, the compliance assessments are based on the RF effect of a single (facing) sector, as the RF effects of directional antennas facing generally away are insignificant. Based on FCC guidelines, the following conservative methodology and assumptions are incorporated into the MPE% calculations on a general basis: 1. The antennas are assumed to be operating continuously at maximum power and maximum channel capacity. In addition, the effects of antenna line loss will be ignored wherever possible. 2. The calculations ignore any effects of any antenna pattern discrimination in the horizontal plane. 3. The power-attenuation effects of shadowing or other obstructions to the line-of-sight path from the antenna to the point of interest are ignored. 4. The calculations intentionally minimize the distance factor (R) by assuming a 6'6" human and performing the calculations from the bottom (rather than the centerline) of each party's lowest:mounted antenna, as applicable. 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 significantly 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. The table below provides the results of the MPE% calculations, with the worst- case overall result highlighted in bold in the last column. Ground T-Mobile T-Mobile Total Distance 1900 MHz 2100 MHz MPE% ~ff! MPE% MPE% 0 0.0183 0.0030 0.0213 20 0.0080 0.0036 0.0116 40 0.0042 0.0029 0.0071 60 0.0111 0.0237 0.0349 80 0.0521 0.0014 0.0535 100 0.0978 0.0010 0.0988 120 0.0295 0.1735 0.2030 140 0.0547 0.1767 0.2315 160 0.0009 0.0033 0.0043 180 0.0950 0.0286 0.1237 200 0.1313 0.0040 0.1353 220 0.0942 0.0009 0.0951 240 0.0157 0.0319 0.0476 260 0.0105 0.0372 0.0477 280 0.0409 0.0263 0.0672 300 0.0944 0.0090 0.1034 320 0.1451 0.0003 0.1454 340 0.1293 0.0003 0.1296 360 0.1459 0.0073 0.1531 380 0.1284 0.0244 0.1529 400 0.1163 0.0221 0.1384 420 0.0732 0.0342 0.1074 440 0.0669 0.0312 0.0981 460 0.0262 0.0293 0.0554 480 0.0241 0.0269 0.0510 500 0.0222 0.0249 0.0471 As indicated, the worst-case calculated overall result is 0.2315 percent of the FCC MPE limit. A graph of the overall calculation results, provided on the next page, provides perhaps a clearer visual illustration of the insignificance of the calculated RF levels. The line representing the calculation results does not noticeably rise above the graph's baseline, and shows an obviously clear and consistent margin to the FCC MPE limit. 10 120 I.u 100~ o ~ 40 i 0 ~ 20 i o COMPLIANCE ASSESSMENT RESULTS Normalized FCC MPE Limit · MPE% Results 100 200 300 400 500 Distance (ft) Compliance Conclusion The FCC MPE limit has been constructed in such a manner that continuous human exposure to RF fields up to and including 100 percent of the MPE limit is acceptable and safe. As described, the maximum calculated RF level from the antenna operation is 0.2315 percent of the FCC MPE limit. In other words, even with the significant degree of conservatism in the analysis, the worst-case calculated RF level is still more than 430 times below [tie FCC MPE limit. The results of the calculations indicate clear compliance with the FCC MPE limit. Moreover, because of the conservative calculation methodology and operational assumptions applied in this compliance analysis, the RF levels actually caused by the antennas will be even less significant than the calculation results indicate. 11 Certification The undersigned certifies as follows: 1. I have read and fully understand the FCC regulations concerning RF safety and the control of human exposure to RF fields (47 CFR 1.1301 et seq). 2. To the best of my knowledge, the statements and information disclosed in this report are true, complete and accurate. 3. The analysis of site RF compliance provided herein is consistent with the applicable FCC regulations, additional guidelines issued by the FCC, and industry practice. 4. The results of the analysis indicate that the subject antenna operations will be in clear compliance with the FCC limit concerning potential RF exposure. 9/6/11 Date 12 Appendix A. Background on the FCC MPE Limit FCC Rules and Regulations 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 a _.~;:~3J ts :~v~.;,e ~:div[dua[s ~,ho have had such ~raini;~g, aCe a.'are of the exposures, and know how to maintain 8 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 mitliwatts 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. 13 Frequency Range (F) Occupational Exposure General Public Exposure (MHz) ( mW/cra2) ( mW/cm2) 0.3 - 1.34 100 1 O0 1.34 - 3.0 100 18,0 / 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 generat population MPE limits. Power Density (mW/cra2) 100 02 0.3 Occupational ......... General Public L/I 30 300 1,500 100,000 Frequency (MHz) 1.34 3.0 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. 14 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. FCC References on Compliance 47 CFR, FCC Rules and Regulations, Part 1 (Practice and Procedure), Section 1.1310 (Radiofrequency radiation exposure limits). 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 (W-F 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 B. Summary of Expert Qualifications Daniel J. Collins, Chief Technical Officer, Pinnacle Telecom Group, LLC Synopsis: - 39 years of experience in ail aspects of wireless system engineering, related regulation, and RF exposure · Has performed or led RF exposure compliance assessments on more than 14,000 antenna sites since the new FCC rules went into effect in 1997 · Has provided testimony as an RF compliance expert more than 1,300 times since 1997 · Accepted as an expert in New York, New Jersey, Pennsylvania and more than 40 other states, as well as by the FCC Education: · B.E.E., City College of New York (Sch. Of Engl), 1971 · M.B.A., 1982, Fairleigh Dickinson University, 1982 · Bronx High School of Science, 1966 Current Responsibilities: · Leads all PTG staff work involving RF safety and FCC compliance, microwave and satellite system engineering, and consultin§ on wireless technology and regulation Prior Experience: · Edwards & Kelcey, VP - RF Engineering and Chief Information Technology Officer, 1996-99 · Bellcore, Executive Director - Regulation and Public Policy, 1983-96 · AT&T (Corp. HQ), Director- Spectrum Management Policy and Practice, 1977-83 · AT&T Long Lines, Group Supervisor - Microwave Radio System Design, 1972-77 Specific RF Safety/ · Involved in RF exposure matters since 1972 Compliance Experience: · Have had lead corporate responsibility for RF safety and compliance at AT&T, Bellcore, Edwards & Kelcey, and PTG · While at AT&T, helped develop the mathematical models later adopted by the FCC for predicting RF exposure · Have been relied on for compliance by all major wireless carriers, as well as by the federal government, several state and local governments, equipment manufacturers, system intenrators and other congulfino I ~nnineorinr~ firm~ · Au[nor, Microwave 5yszem ~=ng,ieering (AT&Ti 1974.) · Ce-author and executive editor, A Guide to New Technologies and Services (Bellcore, 1993) · National Spectrum Managers Association (NSMA) - former three-term President and Chairman of the Board of Directors; was founding member, twice-elected Vice President, a long-time member of the Board of Directors, and was named an NSMA Fellow in 1991 · Listed in Who's Who in the Media and Communication and International Who's Who in Information Technology ° ~ub!i,S~ ~re !~,3~,arti~!e~in 16 APPRAISAL CONSULTING REPORT T-Mobile Northeast LLC Site Location: LIPA Substation 69685 Main Road Greenport, New York 11944 Suffolk County Tax Map # 1000/45/1/14.1 DATE OF HEARING February 2, 2012 PREPARED FOR Town of Southold Town Hall 53095 Route 25 Southold, New York 11971 PREPARED BY Mr. Michael Lynch LYNCH APPRAISAL LTD. 15 Dewey Street Huntington, New York 11743 (631) 427-1000 LYNCH APPRAISAL LTD. REAL ESTATE APPRAISERS AND CONSULTANTS 15 DEWEY STREET HUNTINGTON, NEW YORK 11743 (631) 427-1000 Town of Southold Town Hall 53095 Route 25 Southold, New York 11971 February 2, 2012 Re: Appraisal Consulting Report T-Mobile Northeast LLC, Site # 13-058 Proposed Modification of Com~unications Facility: Existing Wood Utility Pole - LIPA Substation 69685 Main Road Greenport, New York 11944 Dear Board Members: Date of Report: Jan. 24, 2012 In accordance with a request from the applicant, T-Mobile Northeast LLC ("T-Mobile"), I have inspected the above site and prepared an Appraisal Consulting Report (the "Report") regarding the potential effects of a modification (the "Modification-) of an existing wireless communications facility (the "Communications Facility") on the surrounding community. This report is intended to comply with the report requirements set forth under Standards Rule 5-2 of the Uniform Standards of Professional Appraisal Practice (USPAP), subject to limiting conditions and a certification as outlined in the Addendum. After considering the location, market conditions, proposed build, and all other factors that influence value, it is my professional opinion that T-Mobile's proposed Modification of the Communications Facility will not negatively affect property values in the surrounding area and will not have any adverse effect on the character of the neighborhood or the pattern of its development. My conclusions are outlined in the following Report. Respectfully submitted, LYNCH APPRAISAL LTD. By: Michael J. Lynch N.Y.S. Cert. General R.E. Appraiser #46000001012 2 Purpose and Intended Use of Report The purpose and intended use of the Report is to study any possible adverse effects a proposed Modification of a Communications Facility will have on the surrounding community. This Report is strictly prepared at the request of T-Mobile to present to the Town of Southold at an upcoming hearing. Effective Date of Report The effective date of the Report is January 24, 2012, the date of inspection by Mr. Michael J. Lynch. Description of Proposed Modification The proposed T-Mobile Modification consists of the replacement of three (3) panel antennas with that of similar, newer antennas to an existing wood LIPA utility pole (the "Pole"). The Pole measures 84'0" (AGL) to its top, with centerline heights of 81'3" (AGL) for both the existing and proposed new antennas. In addition, T-Mobile will be mounting an associated equipment cabinet on a concrete slab adjacent to the Pole. This new cabinet will sit within an existing 15' x 30' fenced compound that presently encloses the Pole and two (2) existing cabinets. Description of Property and Surrounding Neighborhood The subject property (the "Property") is situated along the northerly side of Main Road (S.R. 25), distant 435' westerly from Chapel Lane, in the unincorporated area of Greenport, Town of Southold, Suffolk County, New York. It is also known and designated by Suffolk County Tax Map Number: District 1000, Section 45, Block 1, Lot 14.1. The Property totals 8.3± acres in area and, in addition to the Communications Facility, is improved with a LIPA electric substation. It is a "flag staff" lot, possessing generally level topography, and is heavily wooded for approximately half its depth from Main Road. The narrow "staff" portion of the lot runs east to Chapel Lane and appears to accommodate the overhead electrical power line. Abutting properties include a County preserve and other lands to the north and east; a thrift store, snack bar and mini-golf center to the west, along Main Road; and wooded land to the northwest. Facing south, across Main Road, are industrial-zoned, residentially utilized properties. The bulk of the Property is situated within a Limited Business (LB) zoning district, with the small "staff" portion being within a Residential Low Density (A) district. The Pole does not appear to be visible from Main Road, Chapel Lane, or any of the nearby, residentially utilized parcels due the heavily wooded nature of the area. Scope of the Report In preparing this Report, the appraiser: Inspected the Property and surrounding community; Reviewed the engineering drawings as supplied William F. Collins, AIA, Arcitects, LLP; Reviewed Suffolk County and Town of tax map, and zoning records; Researched sales trends in the addition to comparable sites Suffolk Counties; Southold assessment, area of the Property in throughout Nassau and Prepared this Report requirements. in conformance with USPAP Report Methodoloqy In analyzing any potential adverse effect the Communications Facility may have on the surrounding community, the appraiser considered the proposed build of the Communications Facility to an existing Monopole, the surrounding neighborhood and land uses, zoning classification of the subject Property and surrounding parcels, and other existing conditions. In addition, we have reviewed and carried out studies with respect to wireless communications facilities in Nassau and Suffolk Counties, including the East End of Long Island. These communications facilities include monopole sites, lattice and guyed wire tower sites, rooftop mounted sites, and water tank sites. Two of these studies of note are as follows: Monopole Antenna Site, Cherry Creek Golf Links, 900 Reeves Avenue Centerville (Riverhead), New York. A 130'± stealth monopole was erected at this golf course in 2003. Subsequent to the monopole, a new development of single-family residences commenced adjoining the golf course and said monopole to its east. This homeowners association, known as the "Highlands at Reeves," had its first sale in 2006. The development includes a community pool, clubhouse, and other amenities typical to a modern homeowners association development on Long Island. The golf course and development are built on former agricultural lands. Our staff looked at sales data within the Highlands at Reeves from 2006--2011, finding 32 sales ranging from $399,000-$850,000, or on a per square foot of building area running from $136/SF- $258/SF. The average and median sale price per square foot was $197/SF and $201/SF, respectively. We then compared this above data to a very similar developrm~nt located 1.5± miles to the east known as "The Highlands at Aquabogue," situated along the south side of Sound Avenue, adjacent to the east side of the Long Island National Golf Club. The Highlands at Aquabogue had its first sale in 2006, with units still available as of 2012. Our researched sales run from 2006- 2011, revealing 54 sales ranging from $425,000-$719,000, or on a per square foot of building area running from $135/SF-$252/SF. The average and median sale price per square foot was $207/SF and $211/SF, respectively. The difference between the two groups, utilizing average and median sale prices per square foot of building area, was very close, differing by less than 5%. Therefore, based upon these two groups of data, it does not appear that the presence of the 130' monopole had an appreciable effect on the adjacent residential community. Birdseye View of Monopole and Adjacent New Developmen2 Monopole Antenna Site, Keyspan Operations Center, Montauk Highway, Bridgehampton, New York. A 120'± monopole was erected at this center circa September 2000. This property is surrounded by residential properties to its north, east and west, and opposite agricultural land to its south. Nearby, at the southwest corner of Montauk Highway and Newlight Lane, is a community of upper- middle priced homes that was first developed in the mid 1950s. This development is partially within view of the monopole due to the open agricultural fields to the east. Our staff compared sales data of homes in the development before and after the installation date of the monopole. Our "before" data, which included six (6) sales running from 4/97 to 5/99, was compared with "after" data, which included six (6) sales running from 2/01 to 5/04. The average price per home in the before and after groups was 128% higher for the latter ($516,167 vs. $1,179,000), which breaks down to an average of 29%/year market appreciation. This figure compares favorably with the overall market appreciation of 22%/year tabulated from all single-family homes sales over the same time period for all of Bridgehampton. As such, the antennas or monopole did not appear to lead to a devaluation of nearby property values around the site. Conclusions In summary, we offer the following conclusions: The proposed Modification of the Communication Facility is appropriate for the Property given that the application involves the swapping-out of existing antennas and the addition of one (1) associated ground equipment cabinet. The Property, which is primarily in use as a LIPA substation, is well suited for the Communications Facility, given existing conditions, natural screening, land uses, and zoning in the surrounding neighborhood. Further, the Communications Facility does not appear to be visible from nearby residences. No correlation was found between the presence of wireless communication facilities and declining property values in the studies we reviewed or carried out on communities in Nassau and Suffolk Counties, including the East End of Long Island. The proposed Modification of the T-Mobile Communications Facility, therefore, will not negatively affect property values in the surrounding area and will not have any adverse effect on the character of the neighborhood or the pattern of its development. PHOTOGRAPHS EXISTING CONDITIONS Interior View of Existing Pole and LIPA Substation Interior View of LIPA Substation 1i Subject Property and Driveway Looking North from Main Road View of Subject Property along Main Road 12 Abutting Wooded Land to East of Subject Property, South along Chapel Lane Looking Looking West from Chapel Lane at ~Flag Staff" Portion of Subject Property and Associated Power Lines 13 view of County Preserve Abutting Subject Property to North View of Abutting Thrift Store to Southwest of Property along Main Road 14 View of Mini-golf and Snack Shop Adjacent to Southwest of Property along Main Road Small Industrial-Zoned Residence & Small Farm Opposite Property to South along Main Road 15 Birdseye View of Subject Property and Surrounding Neighborhood Looking North TAX MAP ENGINEERING DRAWINGS 16 L:LEVAT~N )H U Certification 22 Assumptions & Limiting Conditions Qualifications of the Appraiser CERTIFICATION 23 I certify that, to the best of my knowledge and belief: 1. the statements of fact contained in this report are true and correct. 2. the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, /mpartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. 4. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. my engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. my compensation for completing this assignment is not contingent upon the development or reporting of predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. my analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 8. I made a personal inspection of the property on January 24, 2012 that is the subject of this report. 9. no one provided significant professional assistance to the person signing this report. Michael J. Lynch ASSI.~PTIONS ~D LIMITING 24 This appraisal report has been made with the following general assumptions: 1. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. If the site is improved with a dwelling built prior to 1978, lead paint may be present and should be checked by an expert as per Title X, the Federal Disclosure law regarding lead hazards. 9. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 10. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 11. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. ASSUMPTIONS AND LIMITING CONDITIONS (continued) 25 12. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea- formaldehyde foam insulation, and/or the existence of toxic waste on the premises, has not been considered. The appraiser does not assume responsibility of existing potentially hazardous materials and it is recommended that a qualified expert be engaged to inspect as required. 14. It is assumed that any debris, junk, abandoned personal property, etc. that may exist will be removed from the site. The appraisal report has been made with the following general limiting conditions: 1. This is an Appraisal Consulting Report, which is intended to comply with the reporting requirements set forth under Standard Rule 5-2 of USPAP. Supporting documentation concerning the data, reasoning, and analyses, if not detailed in the report, is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for the unauthorized use of this report. 2. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 3. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 4. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. 5. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. MICHAEL J. LYNCH Certified N.Y.S. General Real Estate Aooraiser #46-10! 2 26 QUALIFICATIONS Real estate appraiser since 1981. President of Lynch Appraisal Ltd., located at 15 Dewey Street, Huntington, New York 11743. Appraised various types of real property on Long Island, New York City and Westchester County including multi-family dwellings, apartment buildings, commercial property, factories, warehouses, R & D buildings, office buildings, large residential estates, residential and commercial subdivisions, boat yards, and special-use properties. Prepared appraisals for use in estates, estate planning, feasibility studies, condemnation proceedings, tax cerforari, and matrimonial matters. Specialized in testimony such as area or use variances for properties. Applications have included proposed wireless communications sites, fast food establishments, convalescent homes, service stations, multi-family residences, new construction, etc. Appeared as Expert Witness: Nassau County Supreme Court. New York Supreme Court. Town of Babylon Zoning Board of Appeals. Town of Babylon Planning Board. Town of Babylon Town Board. Town of Brookhaven Board of Zoning Appeals. Town of Brookhaven Town Board. Town of Huntington Zoning Board of Appeals. Town of Huntington Planning Board. Town of Huntington Town Board. Town of Islip Town Board. Town of Islip Planning Board. Town of Riverhead Planning Board. Town of Riverhead Board of Zoning Appeals. Town of Shelter Island Zoning Board of Appeals. Town of Smithtown Board of Zoning Appeals. Town of Smithtown Town Board. Town of Southampton Planning Board. Town of Southold Zoning Board of Appeals. Town of Oyster Bay Zoning Board of Appeals. Town of Oyster Bay Town Board. Town of North Hempstead Board of Zoning Appeals. Town of Hempstead Board of Zoning Appeals. Town of Hempstead Town Board. Town of Shelter Island Zoning Board of Appeals. Village of Bayville Zoning Board of Appeals. Village of Brookville Board of Zoning Appeals. Appeared as Expert Witness (cont.): 27 Village Village Village Village Village Village Village Village Village Village of Cedarhurst Board of Zoning Appeals. of East Hills Zoning Board of Appeals. of East Rockaway Board of Appeals. of Farmingdale Board of Trustees. of Farmingdale Planning Board. of Floral Park Board of Trustees. of Freeport Planning Board. of Freeport Board of Zoning Appeals. of Garden City Zoning Board of Appeals. of Garden City Board of Trustees. Village of Garden City Planning Commission. Village of Great Neck Plaza Board of Trustees. Village of Great Neck Estates Zoning Board of Appeals. Village of Hempstead Zoning Board of Appeals. Village of Hempstead Personal Wireless Services Facilities Review Board. Village of Lattingtown Zoning Board of Appeals. Village of Lawrence Zoning Board of Appeals. Village of Lynbrook Board of Trustees. Village of Malveme Board of Tmstees. Village of Massapequa Park Zoning Board of Appeals. Village of Matinecock Zoning Board of Appeals. Village of Mill Neck Board of Zoning Appeals. Village of Mineola Board of Trustees. Village of Munsey Park Board of Trustees. Village of New Hyde Park Board of Tmstees. Village of New Hyde Park Zoning Board of Appeals. Village of North Hills Zoning Board of Appeals. Village of Muttontown Board of Zoning Appeals. Village of Old Brookville Zoning Board of Appeals. Village of Old Westbury Board of Zoning Appeals. Village of Oyster Bay Cove Board of Zoning Appeals. Village of Oyster Bay Cove Board of Trustees. Village of Oyster Bay Cove Planning Board. Village of Port Washington North Zoning Board of Appeals. Village of Rockville Centre Zoning Board of Appeals. Village of Roslyn Board of Trustees. Village of Roslyn Harbor Zoning Board of Appeals. Village of Sea Cliff Zoning Board of Appeals. Village of Upper Brookville Board of Trustees. Village of Upper Brookville Zoning Board of Appeals. Village of Valley Stream Board of Zoning Appeals. Village of Westbury Board of Trustees. Village of Westbary Zoning Board of Appeals. Village of Williston Park Board of Trustees. Village of Williston Park Zoning Board of Appeals. Village of Asharoken Zoning Board of Appeals. Village of Huntington Bay Zoning Board of Appeals. Village of Islandia Board of Trustees. Village of Lloyd Harbor Board of Trustees. Village of Lloyd Harbor Planning Board. Village of Lloyd Harbor Zoning Board of Appeals. Appeared as Expert Witness (cont.): Village of Northport Board of Zoning Appeals. Village of Northport Board of Architectural & Historic Review. Village of East Hampton Zoning Board of Appeals. Village of Lindenhurst Zoning Board of Appeals. Village of Lake Grove Zoning Board of Appeals. Village of Bellport Board of Trustees. Village of Patchogue Planning Board. Village of Port Jefferson Board of Trustees. Village of Quogue Zoning Board of Appeals. Village of The Branch Zoning Board of Appeals. Village of Head of the Harbor Board of Trustees. Village of Westhampton Beach Board of Trustees. City of Glen Cove Planning Board. City of Glen Cove Zoning Board of Appeals. City of Long Beach Zoning Board of Appeals. EDUCATION Hofstra University, Hempstead, New York: BBA - Management (1983); MBA - Banking & Finance (1991). TECHNICAL TRAINING Appraisal Institute Real Estate Appraisal Principles- Exam #lA-1. Basic Valuation Procedures - Exam #lA-2. Capitalization Theory and Techniques, Part A, - Exam #1B-A. Capitalization Theory and Tech. Part B, - successfully challenged Exam #1B-B. Case Studies in Real Estate Valuation - successfully challenged Exam g2-1. Standards of Professional Practice, Part A (USPAP) - Exam #I410 Standards of Professional Practice, Part B - Exam #II420 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehrlnger George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://sout holdtown.nort h fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 2, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1t79, Southold, New York 11971-0959, on THURSDAY~ FEBRUARY 2~ 2012: 1:00 PM - LIPA and T-MOBILE NORTHEAST~ LLC #6433 - Request for Variances from Article XVll Code Section 280-70J, based on an application for building permit to upgrade and maintain a wireless telecommunication facility and the Building Inspector's September 3, 2010, amended October 12, 2010, updated June 10, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) location of mounted antenna not located in the code required interior, 3) less than the code required distance to adjacent residential property line of 500 feet. Location: 69685 Route 25 and (Chapel Lane), Greenport, NY. SCTM#1000-45-1 -t4.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (63t) 765-1809, or by email: Vicki.Toth~,Town. Southold.n¥.us. Dated: January 6, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday February 2, 2012 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before January 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than January 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before January 31, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # LIPA and T-MOBILE NORTHEAST, LLC #6433 45-1-14.1 VARIANCE Height; Setback; Ext. Antenna REQUEST Upgrade/maintain wireless facility DATE: THURS, FEB. 2, 2012 1:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ,A d~,\9'#10530 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 19th day of JanuarYl 2012. Principal Clerk Sworn to before me this day of 10:.45 AM - DOUGLAS C. and quest for Variance from Article XXII, Code Section 280-116B and the Build- ing Inspector's December 15, 2011, No- tice of Disapproval based on a building permit application to construct addition and alteration to a single family dwell- ing, at: less than the code required dp- rap setback of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cutchogue, NY. SCTMg1000-136-1-54 Ree~est for Variance from Article IV, Code Section 280-18 and the Bu ring Inspector's December 15, 2011, Notice of Disapproval based on a building per- mit application to construct a carport addition to a single family dwelling, at: 1) side yard setback less than the code required 15 feet, located at: 220 Broad- waters Road (adj. Broadwaters Cove) Cutchogue, NY. SCTM#1000-104-10-7 #6538 - Request for Variance from Ar- ticle III Code Section 280-13(C)4(b) and Article XXII 280-105A, and the Building Inspector's December 20, 2011 Notice of Disapproval based on an ap- plication for building permit to build a vacant lot, at: 1) use of a tennis court is not permitted on a vacant lot (without a principal dwelling), 2) tennis court fence at more than the code required raaxi- mum height of 4 feet in a front yard, eared at;9105 Skunk Lane (adj. to Little c~eek, dredged canal) Cutchogue, NY. SCTM#1000-104-3-18.1 - Request for Variance from Article III Code Section 280-15 and 15(C) and thc Building Inspector's November 29, 2011 Notice of Disapproval based on an application for building permit for an accessory di-ground swimming pool quired rear yard, 2) proposed accessory garage at more than the code required maximum square footage of 750 sq. on lots 20;000-60,000 sq.:ft., located at: i800 Westphalia Road Mattituck, NY LEGAL NOTICE SOU'I~OLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 2, PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, ED. Box 1179, Southdid, New York 11971-0959, on THURSDAY FEB- RUARY 2. 2012, 10:00 A.M. - JOSEPH and ELIZA- BETH BRITTMAN ~6522 - Request for Variance from Article III and Art c e XXII, Code Section 280-15,280-15F and 280-116B and the Building Inspector's October 3,2011,Amended December 22, 2011, NoQcc of Disapproval based on a building permit application to construct an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. fi, on lots 2{~,000-60,000 sq. ft., 2) less than the code required prin- cipal front yard setback on a waterfront parcel of 40 feet,, 3) less than the code req.uired bulkhead se back 0f75 feet, in- caie3 at: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTM#1000-78-2- 11 3 (adj from PH 12/1/11 new notice of disapproval) Carryover Hearings, continued from prim' meetings and pending additional information: Adjourned from Public Hearing Jan- 10:15 A.M. - DAVID MOORI~ g6gl5 10'.30 AM - ANTHONY S. CAMPD #6531 - Request for Variance from Ar- ticle XXIII Code Section 280-122, based on an application for building permit and tbe Building Inspeetor!s April 13, 2011, updated December 2, 2ifil Notice of Disapproval COncerning 'as built' al- terations to existing shod and deck, at 1) nothing in thi~ article shall be deemed to prevent the remodeling, reconstruc- tion or enlargeraen~ of a nonCOnform- ing building contmmng a conforming usc p~ovidod that such acQon does not creal~ any new nonconformance or in- crease the degree of nonconformance with regard to the regulations pertaining to such buildings; the ,as built' structure has no record of a CO; at: 1165 Fisher- man's Beach Rd., (adj. to Cutchogue Harbor) Cutchogue, NY. SCTM#1000- 1:00 PM - LIPA ~nd T. MOPJL£ - e - Request for Variances from ArticIe XVH Code Section 280-70J, based on an applica- tion for building permit to upgrade and maintain a wireless telecommunication facility and the Building Inspector's September 3, 2010, amended October 12, 2010, updated June 10, 2011 NoQce of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) location of mounted an- tenna not located in the code rcqu~r?d interior, 3) less than the code rcqdi~d distance to adjacent residential property line of 500 feet. Location: 69685 Route 25 and (Chapel Lane), Greenport, NY. SCTM#1000-45-1-14.1. LLC #6533 - Request for Variances from Article XVII Code Section 280-70i(3) and Article XIII Section 280-56 (Bulk Schedule), based on an application for building permit to install a wireless tele- communication tower and equipment and the Building Inspector's October 17, 2011, amended November 9, 2011 Notice of Disapproval at; 1) less than the code required distance to a~acent residential property line of 500 ~et, 2) less than the code rcqinred side yard set- back of 25 feet, located at: 40200 Main Road (adj. to Oardiners Bay) Orient, NY. SCTM#1000-15-9-8.1 _2;~)0 PM - NICHOLAS GORGONE #6534 - Request for Variance from Ar- ticle Ill Section 280-15 and Article XXIII Section 280-124 and the Building Inspector's November 18, 2011 Notice of Disapproval based on an application for building permit for an accessory in- grohnd swimming pool at: 1) location other than the code required rear yard, 2) lot coverage more than the code required 20% maximmn, located at: 825 Smith Drive South~ (Terry Place) Southold, NY. SCTM#1000-76-2-30.1 The Board of Appeals will heat all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated abo~e. Files are available for review du~ing regular business hours and prior to the day of the hea~ag. If you have qu~stlons, please contact our office at, (631) 765-1809, ~r by email: Vicki.Toth@Town. Sout hold.nv, us. Dated: Janua~ 13, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, ~IAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53098 Main Road (Mdilinit/USPS) EO. Box 1179 Southold, NY 11971-09~9 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Name of Applicants) SCTM Parcel # 1000- ~ec¥co~,~-x~ ~ 9,\oc.,,. \ ~Lo~- x~A COUNTY OF SUFFOLK STATE OF NEW YORK I. C'o'~tg*.,-.~ Ce~-o.--~ residing at New York, being duly sworn, deposes and says that: Onthe x-ts dayof 5.--.,~..,/ .20l~,Ipersonallymailedat theUnited States Post Office in ~ ~.\ t s'. ,~ ~- . New York, by CERTIFIED MAIL. RETURN RECEIPT REQUESTED. a tree copy of the attached Legal Notice in Prepaid envelopes addressed to current property ownerspshown on the current assessment roll verified from the official records on file with the ([/)Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street. or vehicular fight-of-way of reco.rd, surrounding the~~ (Notary Public) notary ~ubiicl ~' ;. o~ ~ew Vo~k PLEASE list on ~e back of~is A~davit or on a sheet of paper, ~e lot numbers next to ~e o~er n~es ~d addresses for which notices were m~led. ~a~ you. Postage Cer[ified Fee Postmark "' (Eodor,,me.tR~quired) ~, $ ~ (Endomement Required) ~ ~ ~SentTo ~ObC~ and K~rcn Kow~lks[ ~ ~t;~;t'~b~:~:~'" 565 Pine Neck Road ~iifiiTt~;i'- Southold, NY 11971 ILl Total Postage & Fees ~ ~'' ~ 2,30 Suffolk County " q .330 Center Drive Riverhead, NY 11901 .-B Postage Cedified Fee ru Suflblk County, ~,tf,~,; %~0'I5¢,~x°~ P.O. Box 6100 Hauppauge, NY 11788 m q,./ Certified Fee ~, ~- ~ (Endorsement Required) o~*~ "~ Total Postage ~ ~ · ~' ~ ~ ~¢enpoa Group LLC s,.t re 33 Fairbanks Boulevard ~ P.O. Box 1000 ~~~;g~[~3~r~aTorvoso~o, Woodbury, NY 11797 Postmark ~-~' ~' Postmark ~2, 3 z~ JAN 17 20~ Sent TO Reiters Seven Acre Farm Inc. .~¢?~d~,-~-tT-~b;7-- P, O. Box 2124 orPOBoxNo. Greenport, NY 11944 OFFiCiAL USE Return Receipt Foe (Endorsement Required) ,;~s 3 0 Restricted Delivery Fee (Endorsement Required) Totat Postage & Fees ~ ~'~ ~ Manor Grove Corp. Sontro 2555 Youngs Ave., Apt 9D ~~r-~ orPOBoxNo.'~;idg-~h't:-~ari" Southold, NY 11971-1630 T-Mobile Northeast LLC (13-058) Zoning Board of Appeals Application # 6433 List of Owners Surrounding Subject Property at SCTM# 1000, Section 45, Block 1, Lot 14.1: Section-Block-Lot Owner's Name Owner's Mailing Address(es) 45-1-9.1 Suffolk County ~/' PO Box 6100 ~ Hauppauge NY 11788 45-1-10 Suffolk County V 330 Center Drive Riverhead, NY 11901 45-1-12 TFG Acquisition Corp. ,/'~ 1475 Pipes Neck Road Greenport, NY 11944 c/o Thomas Costas 69465 Main Road , Greenport, NY 11944 45-2-10.5 Greenport Group LLC ~// 33 Fairbanks Boulevard PO Box 1000 Woodbury, NY 11797 45-5-1 Robert and Karen Kowalski ~-/ 565 Pine Neck Road Southold, NY 11971 45-5-2 Reiters Seven Acre Farm Inc. c-/ PO Box 2124 Greenport, NY 11944 53-1~1.3 Manor Grove Corp. b,/ ~/' PO Box 321 Greenport, NY 11944 2555 Youngs Ave., Apt 9D Southold, NY 11971-1630 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the rnailpiece, or on the front if space permits. 1. Article Addressed to: [] ,~0ent D. Is delivery addmss different from ltem l? [] Yes If YES, enter delh~er/address below: r'l No TFG Acquisition Corp. 1475 Pipes Neck Road Greenpo~, NY 11944 Article Number orris fer from se~ce labe0 PS Form 3811, Februa~ 2004 Certified Mall r'l Exprees Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver/? (EXtra F~e) [] Yes 7011 0110 0000 5835 6624 Domestic Return Receipt 102595-02-M-1540 ~ sontro TFG Acquisition Corp, o -~i~'~'~'tT;%; 1475 Pipes Neck Road ~ orpO~ox~o. Greenport, NY 11944 r-3I Sent To Manor Grove Co~. ~fFd&[~'~bT~' P.O. Box 321 orPOmxNo. Greenpo~, NY 11944 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees s..l To TFG Acquisition 2~F~diTp't7~37-' c/o Thomas Costas or PO t~o~: No. 69465 Main Road ~ Greenport, NY 11944 )';~ Complete items 1,'2/~md 3;:Also complete Item 4 if Resbicted Deliver/is desired. · Print y~ur name ahd,ad~mss ~n the reverse so that we can return the card to you. · Attach this card to the back of the mailp~ece, or on the front if space permits. 1. Article Addressed to: Manor Grove Corp. 2555 Youngs Ave., Apt 9D Southold, NY 11971-1630 A. Signature B. Recelved by (l~~ of Delivmy I [] Registered [] Return Receipt for Mercha~dise ~D Insured Mail [] C.O.D. L4. Restricted Delhmry? (Extra Fee) ri Yes 2. Article Number Crrar~et~om~e~/co~ ?D],], DI, I,D DOOD 5~=15 ~,DDD PS Form 3811, February 2004 Domestic Return Receipt I02595-O~-M-1540 ~OUNT~ OF RUFFOLK)~ , New Yor~ bein~ d~ sworn, de~s~ Officl~ Poser, ~ ~e date of being ~d na~ of'my appli~tion not~ ~e~o~ s~ly u~n my prope~, located ten (10) feet or closer from ~e s~t or way (~vcway en~) - f~ing ~e s~ect or facing each s~t or d~tmfaway . to date . five t~t I he.by co~ ~t/~e Poster ~ ~m~ed in pNce for ~ys prior to date of~e subject he.nS ~m, w~ch he.n8 dam ~ sho~ to ~ Thurs., Pebeuar~ 2, 20~ at ~ :O~m (Signature) Sworn to before me this JENNIFER DC)NC)HuE , Not~y F'UbJ~ ~ State of New Vo~ No. 01000211004 q#l!lf/~l in Suffolk County c°mmlaaton Expirel 0~/08/2~ ~_~ * near the entrance or driveway ent, rance of my property, as thc area most visible to passerby. · Complete Items 1, 2, end 3. Also complete Rem 4 if Resffictsd Dellve~ Is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permlts. 1. AfficleAddressedto: B. Recalved ~ ff YES, r'lAgent ~ressee Robert and Karen Kowalksi 565 Pine Neck Road Southold. NY 11971 [] ~ Mall [] Return Receipt for Merchandise [] C.O.D. 4. Restfl~ed Del~ (Exffa Fes) OYes 2. Article Number ('/}~1~' from serv/ce lab~ PS Form 3811, February 2004 7010 0290 0002 2660 5048 Domes~o Return Recalpt I 2, end 3. Also complete iter Delive~ is desired. · Pdnt your name and eddrees on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. County ) At+~,: ~ 6100 ~uge, NY 11788 [] Agent X [] Addressee 3. Service lype ~'Ce~fled Malt [] F_xpress Mall [] Registered [] Return Receipt for Memhandlse [] Insured Mall [] C.O.D. Restricted Delivery? ~uuuuuuuuuuuuuuuuuu~m Fee) [] yes 2. A~Jcle Number (~,,,,~=~m,~v~cem~eO 7010 0290 0002 2660 4775 PS Form 3811, February 2004 DomestlcReturnRecalpt · Complete items 1, 2, and 3. Also complete item 4 if Restflofed Delivery is desired. · Print your name end address on the reverse so that we can return the card to YOu. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article P~dressed to: G}'eenport Group LLC 3.15Fairbanks Boulevard p(~[~, Box 1000 ~dbury, NY 11797 2. ~rticlo Number Cl~rd~, from sen?ice/abet) If YES, enter delivery i~Certlfied Mall [] Ex~ees Mall ~]~Registemd [] Return Recalpt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 7011 0110 0000 5835 8017 : PS Form 3811, February 2004 Domestic Retum Receipt RI~, NIELSEN, HUBER & GOUGHLIN, LLP ATTORNEYS AT LAW 36 Noa~'H NEW YORK AVENUE HUNTINGTON, NEw YORI( 11743 TELEPHONE: (031) 425-4100 FACSlI~ILE: (COD 425-4104 January 23, 2012 By Hand Town of Southold Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 -0959 Attention: Ms. Vicki Toth, Board Assistant RE: T-Mobile Northeast LLC ("T-Mobile") Zoning Board of Appeals Application # 6433 Premises: 69685 Route 25 (Main Road) Greenport, New York SCTM# District 1000, Section 45, Block 1, Lot 14.1 Dear Vicki: On behalf of our client, T-Mobile, we submit herewith an executed Affidavit of Mailing, together with copies of the Public Hearing Notice and list of all surrounding property owners notified by certified mail. Also enclosed are the certified mailing receipts and green signature cards received to date. We will submit any additional green signature cards received hereafter with your office prior to the Public Hearing. Should you have any questions with respect to the foregoing, please do not hesitate to communicate with the undersigned. Thanking you lbr your courtesies, we remain Very truly yours, R~;. NIEI.SEN, HUBER & COUGHL1N, LLP By: ~ighlin JJC:mk Enclosures RE, NIELSEN, HUBER & COUGHLIN, LLP ATTORNEYS AT LAW February 2,2012 By Hand Town of Southold Zoning Board of Appeals Southold Town Hall P.O. Box 1 179 Southold, NY 11971 -0959 Attention: Ms. Vicki Toth, Board Assistant RE: T-Mobile Northeast LLC ("T-Mobile") Zoning Board of Appeals Application # 6433 Premises: 69685 Route 25 (Main Road) Greenport, New York SCTM# District 1000, Section 45, Block 1, Lot 14.1 Dear Vicki: On behalf of our client, T-Mobile, we submit herewith the original executed Affidavit of Posting, together with the additional green signature cards received to date. Should you have any questions with respect to the foregoing, please do not hesitate to communicate with the undersigned. Thanking you for your courtesies, we remain Very truly yours. RI~, NIELSEN, HUBER & COUGHLIN, LLP ~ J(ahn)J. Cou~n) JJC:mk Enclosures BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 DFC 3 0 2011 Planning Board Leslie K. Weisman, ZBA Chairperson December 30, 2011 Request for Comments ZBA #6433 -T-Mobile Northeast LLC 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 # I ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED T-MOBILE 45.-1- #6433 9-30-10 280-70J 10/26110 William F. NORTHEAST 14.t amended Collins, AIA LLC t0-12-10 Architects, LLP Your comments are appreciated by January 25, 2012. Thank you. Encts. 09/28/2011 10:24 FAX R]~, NIELSEN', HU'BER & GOUGHI',I'~, LLP (o131) 001/001 September 28,2011 VIA FACSIMILE - 631-765-9064 Town of Southoid Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 -0959 Attention: Ms. Vicki Toth, Board Assistant RE: T-Mobile Northeast LLC ("T-Mobile") Application to Southold Zoning Board of Appeals For Maintenance and Upgrade of Public Utility Wireless Telecommunications Facility Premises: LIPA substation, rds/o Main Road, w/o Chapel Lane, Oreenport SCTM#: 1000- 45 - 1 - 14.1 Dear Vicki: Thank you for taking some time to speak with our office earlier today. As you know, we are the attorneys for T-Mobile in connection with the captioned application. As discussed, please accept this written request that the public hearing scheduled to be heard by the Board on October 6, 2011, be adjourned without date. Thanking you for your courtesies, we remain Very truly yours, r RE, NIELSEN, HUBER & COUGHLIN, LLP By: ~"~"~'-'x ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard R Goehringer George Horning Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 6, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 6, 2011: 2:00 P.M. - LIPA and T-MOBILE NORTHEAST, LLC #6433 - Request for Variances from Article XVll Code Section 280-70J, based on an application for building permit to upgrade and maintain a wireless telecommunication facility and the Building Inspector's September 3, 2010, amended October 12, 2010, updated June 10, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) location of mounted antenna not located in the code required interior, 3) less than the code required distance to adjacent residential property line of 500 feet. Location: 69685 Route 25 and (Chapel Lane), Greenport, NY. SCT M#1000-45-1-14.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Tot h~,,Town.So uthold.n¥.us. Dated: September 6, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS T-Mobile Northeast LLC · (iName of Applicants) SCTM Parcel # 1000-45-1-14.1 COUNTY OF SUFFOLK STATE OF NEW YORK I, Marisa Knoth residingat c/o 36 N. New York Avenue, Huntington New York, being duly sworn, deposes and says that: On the 16 day of September ,20 11, I personally mailed at the United States Post Office in Hal esi te , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's prol~erty, f (Signature) Sworn to before me this /~q~ay of &~dtok~,~ , 20~i /-'- (Notary' Public)- - -- PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. T-Mobile Northeast U,~. (13-058) zoning Board of AppeaJs"Af~pllcatlon # 6433 List of Owners SurroundlnB Subjec~t Property at SCTM# 1000, Section 45, Block 1, Section-Block-Lot 45.2.9.2 45440 45-1-12 45-2-10.5 Name* Suffolk County Suffolk County TFG Acqulsltlo~orp. Greenport Group LLC 45-5-1 45-5-2 53-2-1.3 Robert and Karen Kowalskl Relters Seven Acre Farm Inc. Manor Grove Corp. Lot 14.1: Owner's Addre~s~ PO Box 6100 NY 21788 330 Center Drive Riverhead, NY 11902 1475 Pipes Neck Road 33 Fairbanks Boulevard PO Box 2000 ,, NY 12797 565 Pine Neck Road Southold, NY 11971 PO Box 2124 NY 11944 PO Box 321 , NY 11944 *Names and Mailing Addresses confirmed with Town of Southold Assessor's office on 7/25/1! Reiters Seven Acre Farm Inc. P.O. Box 2124 Greenport, NY l ] 944 SL lblk County I'.O. Box 6100 llauppauge, NY 11788 FIC AL I'--I (Endorsement Required) r,- Robert and Karen Kowalksi 565 Pine Neck Road Southold, NY 11971 r,- ore TFG Acquisition Corp. 1475 Pipes Neck Road Greenport, NY 1 i944 Restricted De very Fe (Endorsement Requirol · r-~ Total Postage & Fee ~ ~i Greenport Group LLC r,- or, 33 Fairbanks Boulevard P.O. Box 1000 _ Woodbury, NY 11797 Suffolk County 330 Center Drive Riverhead, NY 11901 Restrfc ed Delivery Fe (Endorsement Requlrec ~ Manor Grove Corp. [a,"ti P.O. Box 321 ~__Greenport, NY 11944 end 3. Also complete Item 4 If ~ De[ive~ is deldred. · Pflnt your name sod address on the reverse · Atlaeh this amd to the back of the maJlpb~co, ,y ( Printed N~e). e of Delivery D. Is dalivery address different from Item 1 ? [] Yes If YES, enter delivery address below: r-1 No Reiters Seven Acre Farm Inc. P.O. Box 2124 Greenport, NY 11944 3. S~vic~ Typ~ [] Certified Mall [] Express Mall [] Registered [] Return R~ceipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Dallve~? (Extra F6e) [] Yes ~-~?~,,~,~ 7011 0110 0000 5835 7157 i Ps Form 3811, February 2004 Domestic Return Receipt · C(xllplete ~ 1, 2, and 3. Also complete item 4 it ResMcted Delivery Is desired. ·Pdnt your name and address ma the reverse so thet we can return the card to you. · Attach this card.~t~,.the back of the mailpiese, or on the front ~ permits. 1. Nticle Addressed to: D. Is dalivery address diffe~a If YES, enter delive~ address below: OOO ~ Grecnport Group LLC 33 Fairbanks Boulevard P.O. Box 1000 Woodbury, NY 11797 2. A~tlcle Number [] Certified Malt [] E.~ Mall · Restflcted Detlvery? (Ex~a F~e) [] Yes 7011 0110 0000 5835 7133 PS Form 3811, February 2004 Domestic Return Receipt · 9, 2, and 3. Also complete item 4 if Restricted Deliveht is desired. · Print your name and address on the reverse so that wa can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature S; [] Agent D. isdalha~yeddresscrn~ere~tfmmiteml? []Yes If YES, enter delivery address be[Ow: [] No Suffolk County 330 Center Drive Riverhead, NY 11901 PS F [] Ceffifled Malt [] I~ Mall [] Registered r~1 R~um Receipt for Merchandise [] Insured Mall I-1 C.O.D. 4. Restricted Delivery? (Exba Fee) [] Yea .~ ~IELSEN, HUBER & COI[;GHLIN, LLP Manor Grove Corp. P.O. Box 321 Greenport, NY 11944 IIII IIIl[$ l lllg IIIII II IIIIIII IIIIIIIII II I IIII IIIIIIIIII "~ 7011 0110 0000 5835 7140 .... · ~lllpletll ~ 1, 2, and 3. Also complete Item 4 If Restriofed DelNe~/Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card th the back of the ma~lpiece, or on the front if space permits. 1. ArtlcleAddressed to: Robef~ and Karen Kowalksi 565 Pine Neck Road Southold, NY 11971 A. Signature B. Received by (Pr/nted Name) O. Isdellv~a(Jdll~sdit~J~l ~1t~? [] If YES, enter de,ivory addml ~: [] No \--~ '~ 3. Se~i~e Type [] Certified Mell [] Registered [] Insured Mall [] Express Mall [] ~totum Receipt for Merchandise [] C.O.D. 4. Restricted Celive~/? (Extra Fee) [] Yes 2. Article Number O'r~st*rtr*m**rv,~/~ . 7Dll 0110 0000 5835 7164 PS Form 381 1, February 2004 Domestic Retum Receipt 102595-32-M-1540 RI);, NIELSEN, HUBER & COUGHLIN, LLP ATTORNEYS AT LAW TI~LIIPHONI~: (O31) 425-41OO FACSIMILE: (OOl) 4~25-4104, September 23,2011 VIA UPS DELIVERY & FACSIMILE Ms. Vicki Toth, Board Assistant Town of Southold Zoning Board of Appeals Town Hall Building P.O. Box 1179 Southold, New York 11971 RE: T-Mobile Northeast LLC ("T-Mobile") Zoning Board of Appeals Application # 6433 Premises: 69685 Route 25 (Main Road) Greenport, New York SCTM# District 1000, Section 45, Block 1, Lot 14.1 Dear Vicki: On behalf of our client, T-Mobile, we submit herewith an executed Affidavit of Mailing, together with copies of the Public Heating Notice and list of all surrounding property owners notified by certified mail. Also enclosed are the certified mailing receipts and green signature cards received to date. We will submit any additional green signature cards received hereafter with your office prior to the Public Heating. Should you have any questions with respect to the foregoing, please do not hesitate to communicate with the undersigned. Thanking you for your courtesies, we remain Very truly yours, , p RI~, NIELSEN, HUBER & COUGHL1N, LL By: ~----~' C°~¢ghlin JJC:mp Enclosures NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME T-MOBILE NORTHEAST, LLC #6433 MAP # 45-1-14.1 VARIANCE Height; Setback; Ext. Antenna REQUEST Upgrade/maintain wireless facility DATE: THURS, OCT. 6, 2011 2:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #10392 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, t~as been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 22nd day of September, 2011. Sworn to before LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAy OCTOBER 6, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (~oning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, LO. Box 1179, Southold, New York 119714959, on TICLTRSDAY OC- 'roRER 6. 2011: 16507. Request for Variances from Ar- ticle XVII Code Section 280-70/, based less telecommunication facility and the Building Inspgctor's July 12~ 2011 Notice than the maxJmttm code requited height of 45 feet, 2) les~ than the code required distance to adjacent residential proper~ ilnes of 500 feet. Location: 4~[5 Elijah's Lane Mattitock, NY. SCTM#1000-108- 4-113 ~equ~t fo~ Yarb~ from A~. XXLD',! Code Section ~124 and thc Build- ;~ ~'$ J~ ~0, 2011 Notice of Disapproval ba~d on an appl/cation for building p~m~it for an addition to a single family dv~iling at; 1) less than the code requkad fr°nt yard setback of 35 feet, l~:atod at: Reservoir Road (Win- throp Drive) (adj. to Silver Eel Cove) latshers lqand, NY. SCTM#1000-9~-3.2 1~20 AM. - SUSAN M..DUNNING 116506 - Request for Variance from Ar- ticle XXIII Code Section 280-124 and the Building Inspector's May 31, 2011, updated August 11. 2011 Notice of Dis- approval based on an application for building permit for "as built" addition/ alierarions to a single family dwelling at, 1 ) side yard setback of le~s than the code required 15 feet, located at; 925 Stephen- son Road (adj. to Long Island Sound) Orient. NY. SCTM#1000-17-1-2.1 10.'40 A.M.. THOMAS R. & WEN- ~ - Request for Variance from Code Article XXII1 Sec- tion 280-124 agd the Building Inspector's July 8, 2011 Notice of Disapproval based on an application for building permit for additions to a single famiIy dweliing at: 1) less than the code required front yard setback of 40 feet, 2) less than the code required rear yard setback of 50 feet, lo- cated at:350 Wampum Way (Tepee Trail), Southold, NY. SCTM#I000-87-2-29 1~00 A.M. - JOHN J. & JOY E. GA/~I~IF.,]~.~ - Request for Variance from Article III Code Section 280-13 based on an application for .build- ing permit to build an dccessory building on a vacant lot, and the Building Inspec- tor's July 20, 2011 Notice of Disapproval stating that an accessory building is not permitted on a vacant lot (without a principal dweiling), located at: 700 Bay- view Drive (adj. to Spring Pond) East Marion, NY. SCTM#1000-37-54 1 '1:20 A. M. - KENNETH SEIFERTH //6504. Request for Variance from fide XXIII. Code Section 280-1~2, and Article III Code Section 280-15 and the Building Inspector'~ June 2, 2011 Notice of Disapproval b~A on an application for building permit for additio~s/altera- ilons to a non-conformthg, acce~o garage at 1) a nonconforrmng btuidmg containing a coafonaing uae may be en- larged as long as the ant/on does not ere- of aonconformanc~ with regard to the regulations pe~ainthg to such buildings, 2) le~s than the code required side yard setback of 15 feel 3) seCOnd floor roof dormers at more than the code required 40% of the tool width(located at: 2000 Nassau Point Road (adj, to Broadwaters Cove) Cutchogue, NY. SCTM#1000-104- 10-11.1. I~F~,~IIO~U~.~ - Request for Variance from Articl~ III Code Section 280-15 and the Building Inspector's August 10, 2011 Notice .of Disapproval based on an application for building per- mit to relocate!construct a~ accessory barn at; 1) height at mote than the code required maximum of 22 feet, location: 522 Town Creek Lane and 845 Maple Lane (adj. to Town Creek) Southold, NY. SCTM#1000-64-1-14.7 & 29 ... Principal Clerk ' day of.~::~ / ~-~/// CHRI'STIN~ VOLINSK' NOTARY PUBLIC-STATE OF NEW YORK TRUST ~ - E~u~t lot Vffian~ fle~ I~ SUffOlk County is ch~ to a ~nfo~g ~ 2) l~s (adj. to Sou~old Bay) Sou~old, ~ prior mee~ ~d ~nd~g nddiQonai Adjo~ ~om ~bUc H~g Sep- A :ou~ed ~m ~b~c ~ear~ ~c Bo~ of Ap~ will hear all ~fore ~e ~on of ea~ h~nS. ZO~G nnd prior to ~e day of thc hcadn~ ff ~5 ~ Road (O~ ~n) you h~ve questinn~ pl~ ~ntact our offi~ aL (631) 7654~, or by cmail: P.O. B0xH~ ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net September 6, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, October 6, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before September 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan {filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than September 26th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin,q for receipt by our office before October 4, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls RI , NIELSEN, HUBER & GOUGHLIN, LLP ATTORNEYS AT LAW 30 NORTH NEW YORK AVENUE HUNTtNGTOI~, N~w YORK 1174~3 TELEPHON~: (0L~I) 425-4100 FAGSl~tlLE: (631) 425-4104 RECEIVED JUL 2 8 2011 BOARD OF APPEALS WILLLOI ti. NIELSEN July 27, 2011 VIA FIRST CLASS MAlL & FACSIMILE - 631-765-9064 Town of Southold Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 -0959 Attention: Ms. Vicki To(h, Board Assistant RE: T-Mobile Northeast LLC ("T-Mobile") Application to Southold Zoning Board of Appeals For Maintenance and Upgrade of Public Utility Wireless Telecommunications Facility Premises: LIPA substation, n/s/o Main Road, w/o Chapel Lane, Greenport SCTM#: 1000-45- 1 - 14.1 Dear Vicki: Thank you for taking some time to speak with our office earlier today. As you know, we are the attorneys for T-Mobile in connection with the captioned application. We have been advised by T-Mobile that its witnesses are not available on August 4, 2011. Accordingly, and as discussed, please accept this written request that the public hearing scheduled to be heard by the Board on August 4, 2011, be adjourned to the next available meeting date. Thanking you for your courtesies, we remain Very truly yours, NIELSEN, HUBER & COUGHLIN, LLP RE, NIELSEN, HUBER & COUGHLIN, LLP ATTORNEYS AT LAW 30 NORTH NEw YoI~r AVENU~ HUNTINGTON, NEW Yom,r 117413 TELEPltONB: (6~1) 425-4100 FACSX~XLB: (0~1) 42§-4104 July 22, 2011 VIA UPS DELIVERY Ms. Vicki Toth, Board Assistant Town of Southold Zoning Board of Appeals Town Hall Building P.O. Box 1179 Southold, New York 11971 RE: T-Mobile Northeast LLC ("T-Mobile") Zoning Board of Appeals Application # 6433 Premises: 69685 Route 25 (Main Road) Greenport, New York SCTM# District 1000, Section 45, Block 1, Lot 14.1 Dear Vicki: Enclosed is the original Affidavit of Mailings with parcel numbers, names and addresses noted, along with a copy of the green/white receipts postmarked by the Post Office. Should you have any questions, please contact the undersigned. Very truly yours, RI~, NIELSEN, HUBER & COUGHL1N, LLP John, Attor~ for the Applicani JC:sc Enclosures TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS T-Mobile Northeast LLC (Name of Applicants) SCTM Parcel # I000- 45-1-14.1 COUNTY OF SUFFOLK STATE OF NEW YORK I, ~v~C~.-,~ Ccc°.-,: residingat l-l,.~ /v'e,-~.,~,-,',/;c ;/-., /4,,.,,-,'Dra,. 5/-,,~-,~,.-,,~V New York, being duly sworn, deposes and says that: /t7q6 On the / S" day of d~ ~' I ~ ,20 ~ 1, I personally mailed at the United States Post Office in /-/^/t s ;~-e New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners)shown on the current assessment roll verified from the official records on file with the (v") Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the a~~.~ . ~,/,,~Signature) Sworn to before me this l~day of O'-~,-k ,/ ,20 ~ ( ,., r -~-,'t . U'qotary m~vlicf vo~'~ OTHY A. BELARD Notary Public, State of New York No. 01BE6036810 Qualified in Suffotk County t ~4. .... Commission Expires Feb. 7, 20.L~r PLEASE list on the back otthm Affidavit or on a sheet of paper, the lot numbers to the owner names and addresses for which notices were mailed. Thank you. next i'-1 E Return Receipt i-"l ( ndorsement Required rm ILl Reiters Seven Acre Farm Inc. P.O. Box 2124 Greenport, NY 11944 JJ ru Cedified Fee Restricted Deliver~ Fe~ (Endorsement Required Suffolk County 330 Center Drive Riverhead, NY l 1901 USE FU Postage YU Certified Foe i'-1 Return Receip Fee (Endorsemenl Required) I~ (Endorsement Required) nj m ~t. Manor Grove Corp. ~ P.O. Box 321 .~. Greenport, NY 11944 Suffolk County P.O. Box 6100 Hauppauge, NY 11788 L~/ Post~' ~U Codified Fee 3t~,~ ~ Be.~ r--1 Return Receipt Fee ~ {Enaorsement Required) Restricted DeFive~ Fee ~ : ~.x,// ~ (Endorsement Required) Greenport Group LLC 33 Fairbanks Boulevard P.O. Box 1000 Woodbury, NY 11797 Ce.,,od ~oo Return Receipt Fe, (Endorsement Required RestriCted Delivery Fe~ (Endorsement Required TFG Acquisition Corp. 1475 Pipes Neck Road Greenport, NY 11944 T-Mobile Northeast LLC (13-058) Zoning Board of Appeals Application # 6433 List of Owners Surrounding Subject Property at SCTM# 1000, Section 45, Block 1, Lot 14.1: Section-Block-Lot Owner's Name* Owner's Mailing Address* 45-1-9.1 Suffolk County PO Box 6100 Hauppauge NY 11788 45-1-10 Suffolk County 330 Center Drive Riverhead, NY 11901 45-1-12 TFG Acquisition Corp. 1475 Pipes Neck Road Greenport, NY 11944 45-2-10.5 Greenport Group LLC 33 Fairbanks Boulevard PO Box 1000 Woodbury, NY 11797 45-5-1 Robert and Karen Kowalski 565 Pine Neck Road Southold, NY 11971 45-5-2 Reiters Seven Acre Farm Inc. PO Box 2124 Greenport, NY 11944 53-1-1.3 Manor Grove Corp. PO Box 321 Greenport, NY 11944 *Names and Mailing Addresses confirmed with Town of Southold Assessor's office on 7/15/11 OFF C AL USE I Robert and Karen Kowalksi 565 Pine Neck Road Southold, NY 11971 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard E Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northt~)rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 4, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, AUGUST 4, 2011: 11:50 AM - T-MOBILE NORTHEAST, LLC #6433. Request for Variances from Code Section 280-70J and the Building Inspector's September 30, 2010, amended October t2, 2010, updated June 10, 2011 Notice of Disapproval based on an application for building permit to upgrade and maintain a wireless telecommunication facility with equipment; 1) tower exceeding the code required maximum height of 45 feet, 2) antenna not mounted on the interior per code requirement, 3) less than the code required minimum distance to adjacent residential property line of 500 feet; located at: 69685 Route 25 (Main Rd) and Chapel La., Greenport, NY. SCTM#1000-45-1-14.1. Zone LB. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki. Toth~,Town. Southold.ny.us. Dated: July 8, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 28th day of July, 2011. '",,,~ Sworn to before me this LEGAL NOTICES LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 4~ 2011 PUBLIC H~AR1NGS NOTICE IS HEREBy GIVEN, pur- suant to Section 267 of the Torsi Law and Town Code Chapter 280 (Zoding),Town i)f Southold, the fo0owing public hear- ~ngs will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hal/, 53095 Main Road, EO. Box 1179~ Southold, New York 11971-0959, on THURSOAy AU. ~ - Request for Vatianee from Code Article XXII Section 280-116 and 280- 124 and the Building Inspector's June 3,201I Notice of Disapproval based on an application for building permit for demo and new construction of a single family dwelling at: 1) less than the code required setback of 75 feet fi.om a bulk-. head, 2) less than the code required front yard setback of 35 feet, located at: 160 Sailors Needle Road, (adj. to Jones Creek) Mattimck, NY. SCTM#1000.144. 5-26 ~ - SHAMGAR CAPITAL ~ (DANIEL BuTrAFuoco~ ~ - Request for Variances from Ar- i t'cle XXlI Code Section 280-116 and Ar tlcle III Section 280-14 and the Bui ding [ Inspector's February 25, 2011 updated 10:.15 AM . LISA AND DAVID ~ - Request for Vari- ances fi.om Article XXIII Code Section 280-122 and the Building Inspector's May 10, 2011 N~tice of Disapproval based on a building permit application for additions and altera¢ons to a. non- conforming building at: 1) less than the code required front yard setback of 100 feet, 2) less than tbe code required side yard sethack of 20 feet, 3) less than the code required rear yard setback of 75 feet, located at; 1335 New Suffolk Road CUtchOgUe, Ny. SCTM~ 1~0-109-7-9.3 10:30 AM . MICHAEL E, A~.~ ~ - Request for Vatiance fi.om Article XXIII Code Sec- tion 280-124 and Article III Section 280- 15 and the Building Inspector's June 1, 2011 Notice of Disapproval based on an application for bugding permit to eon- · ~acf a. deck and shower addition and accessory gd~'lge~addition/alteration at 1 ) frdnt and rear yar~ck of less than the code required 35 feet, 2) side yard setback of more than the code req~¥ed 10 feet, 3) lot coverage of more than the code required 20% for the deck/shower addition and 4) rear and side yard set- hacks for accessory buildings at more than the code ~.~.~ 3 feet, located at: 55 Fay C~ur~ (adj. to Right of Way) Matfituck, NY. SCTM#1000.123.5.17 C 10:50 AM - PETER AND CHERy[~ ~.' Applicant quest a Special Exception under Section 280-13B(14). The Applican~ i~ the owner requesting authorization to establish an Accass~ry Bed and Breakfast, aceas- sory and incidental to the residential June 9, 2011 Notice of Disapproval occupancy in this single-family dwelling, based on an application for building with four (4) bedrooms for lodging ~nd permit for reconstruction of an existing s~rvi~g of breakfast to thc B&B c~al; dweffing with third story addition at: I) transzant roomera Location of Prop- less than the code required setback of erty: 2500 P~ee~e Lane Pecouic, NY 75 feet from a bulkhead, 2) more than SCTIv~1000-74.3,~.2 the bode required mimber of stories of 21/2, located at: 116~ Kimberly Lane ( adj. to Southdid Bay) Southold, NY. ~ (m':$~al EXcepd~ S CTM#1000-70-13-20.7 c~.t.is requesting permission to corlvcrt ex,sling office space to operate a nurs- ery school at: 44600 County Road 48, Southold, NY. SCTM#1000-63.1.23 day of Principal Clerk /2011. ticle I!I code s~a 2~045 and ~ Building Inspector s May~Ti2011 Notice of Disapproval based on an applieatioa for building permit to reconstruction ~ accessory garage at: 1) less'than the code required front yard setback of 35 feet, 2) less than the code required side yard set- back of 20 Feet, 3) more than the code required maximum height of:&2 feet, g eek) O~tche~e, ~, R quest roi Vari- ances from Code Section 280-70] and the Building thspector!s September 30, 2010, amended Octhber 12, 2010, updated June I0 2011 NOtice of Disap- proval ~asefl on an application for build- mg permit to Up~ade and maintain a wireless telecominudication facility with equipment; I) tower exceeding the code required maXimum height Of 45 feet, 2) antenna not mounted on the interior per cod~ requirement, 3) less than the ~ode required minimum d stance to ad Jacent residential property line of 500 feet; located at: 69685 Route 25 (Main Rd) and Chapel La., Crreenpoir, NY. SCTM#1~0~5.1_i#.i. Zone LB. CHriSTINA VOt NOTARY PUBL C.$T,~'' EW YORK No. 01-~'_ .,0 ~~ County ~oruary 28, 201R Carryover Hemtn~s, continued from prior nttmfngs and ~n~ng ad~onal ~fo~flon: Adjo~ed from ~blic Hearing Ju~e 2,2011: ~ PM- BLAC~Ey ~8 Impector's May 16, 2011 Nod& of. Dis- approval based on an application for ~ ~my owc~g at 1) side yard 15 fe~t, l~ated at; 2195 Ruth Road, Requ~t tot ~ldthg Inlpe~or% F~bra~ 16, 201I . Nod~ of Dbapprovfl based on ~ ap- P~n ¢~ b~g ~t te construct a n~w b~d~ on ~ lot ~ ~ e~sting s~ of ~,~ sq. R. for ~o buildui~s ~tn fo~ (~) use~ 2) Y thack nf ~0 fee[,l~t~ an 535 ~e St., aka Rail- road Ave., Mattock, pe~ Bo~ before ~e ~ncinsion of each heating. Each heating ~ not start ear~er than re~w dung reg~ar b~n~s hou~ and prior to ~e day of you have quastiong p~a~ contact our o~ at, (631) 7654809, or by email: ZO~G BO~ OF APPEALS LESL~ ~ES ~ISMAN, CHAIR. PERSON ' BY: ~c~ To~ ~78 ~ Road (Offi~ Lo.gun) ~-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, August 4, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before July 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearing, providinq the returned letter to us as soon as possible; AND not later than July 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 27st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before August 2, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME T-MOBILE NORTHEAST, LLC #6433 MAP # 45-1-14.1 VARIANCE Upgrade/maintain wireless facility REQUEST Height; setback; ext. antenna DATE: THURS, AUG. 4, 2011 11:50 RM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 12/18/2010 15:51 FAX ~001/001 N -LSEN, HUBER & COUGHLIN, LLP (6;31) 4o5-4100 (61~1) 4o5-4104 December 16, 2010 VIA FACSIMILE - 631-765-9064 Town of Southold Zoning Board of Appeals Southold Town Hall P.O. Box I179 Soutbold, NY 11971 -09~9 Attention: Ms. Vicki Toth, Board Assistant BOARD OF APPEALS RE: T-Mobile Northeast LLC ("T-Mobile") Application to Southold Zoning Board of Appeals For Maintenance and Upgrade of l%ablic Utility Wireless Telecommunications Facihty l-h-cruises: LI?A substation, n/s/o Main Road, w/o Chapel Lane, Greenport SCTM#; 1000-45- 1 - 14,1 Dear Vicki: Thank you fbr taking some time to speak with me earlier about this matter, As you know, we are the attorneys for T-Mobile in connection with the captioned application. As discussed, please accept this written request that the public hearing scheduled to be heard by the Board on January 6, 2011, be adjourned without date. This will also confirm that you advised that it will not be necessary for us to appear on January 6, 2011 to make this request, Furthermore, as discussed T-Mobile will not mail notices or post the sign for the adjourned hearing date. Thanking you for your courtesies, we remain Very truly yours, RIb,, NI EI,,SEN, I-IUBER & COUGHLIN, LLP ~---'~ J ol~c-J, ~oughlin~.-/ BOARD MEMBERS Leslie Kanes Weisman, Chainperson James Dinizio Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Flint Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 6, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box t 179, Southold, New York 11971-0959, on TH URSDAY~ JANUARY 6, 2011: 12:20 P.M. T-MOBILE NORTHEAST~ LLC #6433. Request for Variance from Code Section 280-70 and the Building Inspector's September 30, 2010, amended October 12, 2010 Notice of Disapproval based on an application for building permit to upgrade and maintain a wireless telecommunication facility with equipment; 1) tower exceeding the code required maximum height of 45 feet, 2) antenna not mounted on the interior per code requirement, 3) less than the minimum distance to adjacent residential property line of 500 feet; at 69685 Route 25 (Main Rd) and Chapel La., Greenport, NY. SCTM#1000-45-1- 14.1. Zone LB. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki. Toth~.Town. Southold.n¥.us. Dated: December 6, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork,net December 6, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, January 6, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before December 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts tn obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the, hearinq, providing the returned letter to us as soon as possible; AND not later than December 27th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of PostinR for receipt by our office before January 4, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME T-MOBILE NORTHEAST, LLC #6433 MAP # 45-1-14.1 VARIANCE Upgrade/maintain wireless facility REQUEST Height; setback; ext. antenna DATE: THURS, JAN. 6, 2011 12:20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 BOARD MEMBERS Leslie Kanes Weisman. Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor~ Capita) One Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 2, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, DECEMBER 2, 2010: 11:30 AM - LIPA and T-MOBILE NORTHEAST, LLC #6433 - Request for Variances from Article XVll Code Section 280-70J, based on an application for building permit to upgrade and maintain a wireless telecommunication facility and the Building Inspector's September 3, 2010, amended October 12, 2010 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) location of mounted antenna not located in the code required interior, 3) less than the code required distance to adjacent residential property line of 500 feet. Location: 69685 Route 25 and (Chapel Lane), Greenport, NY. SCTM#1000-45-1-14.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Toth(~,Town. Southold.ny.us. Dated: October 29, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME T-MOBILE NORTHEAST, LLC #6433 MAP # 45-1-14.1 VARIANCE Upgrade/maintain wireless facility REQUEST Height; setback; ext. antenna DATE: THURS, DEC. 2, 2010 11:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 1,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, December 2, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearing, providing the returned letter to us as soon as possible; AND not later than November 22 nd: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin,q for receipt by our office before November 30, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson October 27, 2010 ~----% Request for Comments ZBA #6433 - T-Mobile Northeast LLC 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 T-MOBILE 45.-1- #6433 9-30-10 280-70J 10126/t0 William F. NORTHEAST 14.1 amended Collins, AIA LLC 10-12-10 Architects, LLP Your comments are appreciated by November 19, 2010. Thank you. Enc{s. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 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 SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 October 27, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6433 Action Requested: Within 500 feet of: Owner/Applicant: T-Mobile Northeast LLC Height; exterior antennas; adjacent to residential property line (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) (X) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · }'ax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 February 16, 2012 Re, Nielsen, Huber & Coughlin, LLP 36 North New York Avenue Huntington, NY 11743 Attn: John Coughlin RE: ZBA Application #6433 - T-Mobile Northeast, LLC Dear Mr. Coughlin: Transmitted for your records is a copy of the Board's February 15, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, site plan approval and a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Planning Department and Building Department. If you have any questions, please call the office. S!¢cerel~,_, Vicki Toth Encl. Cc: Building Dept., Planning Dept. CD / 2 pipES