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Home My WebLink About4023 �L�.Cl.9rv�v�<.f) TLE'C°'D.tt.vlCr.6r Gsfl-i.Gi'✓ �:]zdb � �/IfS��l1-G�/Gn/ r%f /'�GN6�6�� li.�lQ %6GrJ=� ��'� 8/�/�.z a� r�!{� 7�9/�� `F�/�h�E'iA-T/G:cf- ,QN-d �E/Eif7 ��o,�,rOC:� I �gUFfO(,�c 'APPEALS BOARD MEMBERS Off' D�j SCOTT L.HARRIS y.� Gerard P. Goehringer,Chairman o Supervisor H Serge Doyen,Jr. O ,F Town Hall,53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A. Villa �l �a Southold,New York 11971 Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4023 . CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII , Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: ( #415 ) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25) , Mattituck, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. WHEREAS, a public hearing was held on July 29, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for an Interpretation as authorized by Section 100-271(d) {1) of the zoning code appealing the March 14, 1991 Notice of Disapproval issued by the Building Inspector which states as follows: " . . .PLEASE TAKE NOTICE that your application dated March 14, 1991 for permit to construct radio tower and structure . . . is returned herewith and disapproved on the following grounds: Article VII , Section 100-81B site plan approval required by Planning Board & Special Exception required by Zoning Board of Appeals, Page 2 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Section 100-230 on height exceptions may require interpretation by Zoning Board of Appeals. . . . " 2. Proposed in this project is the placement of an accessory telecommunications (radio transmission) tower in the rear yard area at premises known as 415 Elijah' s Lane, Mattituck, identified on the Suffolk County Tax Maps as District 1000, Section 108, Block 4, Lot #11.3 consisting of 1.85 acres. 3 . The subject premises is owned by William Baxter, Jr. and others, and the applicant is the tenant, Cellular Telephone Company, a New York General Partnership (d/b/a Metro One) . 4 . The use of the proposed accessory tower and the rear concrete building for public telecommunications purposes has also been conditionally approved by Special Exception Appl. No. 4022, and the following information is noted for the record: (a) Cellular One is a public utility under the Laws of the State of New York and holds a franchise from the Federal Communications Commission to serve the public within the Town of Southold; (b) Cellular One' s FCC Franchise requires that Cellular One provide cellular telephone service within the geographic boundaries of the Town of Southold, providing a quality service consistent with the requirements of the Public Service Commission; (c) Cellular Telephone Co. will conduct mobile communications by radio consisting of mobile units either mounted in vehicles or hand-carried sending to and receiving signals from fixed base sites. Different frequencies are set between cells, and good overlap between cells will permit a better grade of service. Movement to outside of the range of the cell, would cause weaker coverage, and when a cell is missing, coverage is not uniform and service can drop. (See the sworn affidavit of Scott Fox, Director of Engineering for the applicant/company dated July 29, 1992 in which the steps in determining the necessary height of the antenna for a cell site are provided in detail) ; 5 . The structure which is the subject of this application is a 100 ft. high pole-type structure ( 96 ft. pole plus attached four-ft. high, 12-ft. wide antenna at the top) as shown on the construction diagram prepared by Juengert/Grutzmacher Architects, submitted July 27, 1992. This structure is free-standing (separate and detached from any other buildings ) . Page 3 - Appl. No. 4023 Decision Rendered August 18 , 1992 Matter of CELLULAR TELEPHONE (METRO ONE) 6. Section 100-33 of the Zoning Code specifically provides a height limitation at 18 feet for accessory structures. This restriction is applicable to the Limited Business and Agricultural-Conservation Zone Districts. 7. Height restrictions have always been less than 35 feet for principal structures, and 18 feet or less for accessory structures since the inception of zoning in April 1957. 8. During January 1989, a subsection was added for certain height exceptions under Section 100-230D, for: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty ( 220 ) volts. ( 2 ) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof and that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent ( 20%) . 9. It is, and has been the opinion of this Board, since the inception of zoning in 1957, that a structure which is free-standing and is not attached to the top of a building such as those excepted in Section 100-230D are clearly governed by the 18 ft. height provision of Section 100-33 . See the Limited Business Zone District, Article VIII , Section 100-81(C1 ) , which reads as follows: C. (Amended 5-9-89 by L.L. No. 6-1989) . Accessory Uses. The following uses are permitted as accessory uses and, except for the residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Page 4 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) (1) Any accessory use as set forth in and regulated by Section 100-31C(1) through ( 8) . . . , and subject to the conditions set forth in Section 100-33 thereof. . . " ; Section 100-11 does provide that where a provision or requirement which is more restrictive or which establishes the higher standard shall govern. 10. It is also the opinion of this Board that this structure does not fall under Section 100-230D which applies to television or radio towers or aerials attached to a permanent structure (such as CB, ham radio, TV antennas, and the like) accessory to the principal building and principal use of the property. It is this Board' s position that the subject pole tower is not a roof-type antenna and is deemed a separate, accessory structure. Accessory structures are governed by Section 100-33 in the Limited Business Zone District; and WHEREAS, public utilities have always been recognized by the Town to provide essential, unrestricted telecommunications services to and for the public, over, on and through its rights-of-way and its land; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that it is the Interpretation of this Board that the height restriction under Section 100-81C( 1) and Section 100-33 of the zoning code is applicable for all types of accessory structures, including those intended for telecommunications and other permitted accessory uses; and BE IT FURTHER RESOLVED, that a variance for a total height as requested of 100 feet for an accessory monopole telecommunications tower to provide utility services directly to and for public use, as applied under Appl. No. 4023, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The height of the proposed accessory monopole tower shall not exceed 100 feet, as requested, and shall not exceed the structural dimensions shown on the plan prepared by Juengert/Grutzmacher Architects dated 1-26-91, Job Number 9037-174 (unless necessary and approved for safety purposes) ; 2. The fall-down radius of the tower shall be "as submitted" with the following setback distances: Page 5 '- Appl. No. 4023 Decision Rendered August 18 , 1992 Matter of CELLULAR TELEPHONE (METRO ONE) a) 95 to 103 feet to the northerly property line; b) 69 to 62 feet from the proposed tower to the southerly property line and radius clearance of approximately 40 feet past the southerly property line over onto adjoining property to the south, also owned by William J. Baxter; c) 62+- feet to 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and the tower and equipment building must be continuously maintained in good condition at all times; 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as to the Planning Board under the site plan regulations, in order to re-consider this Special Exception and all other zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7 . No excessive (disturbing) noise levels; 8. Monitoring shall be as per FCC mandates; 9. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; 10. Written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Page 6 - Appl. No. 4023 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Villa. (Member Dinizio abstained. ) This resolution was duly adopted with a quorum vote of the Board. lk GERARD P. GOETMINGtR, C7MkN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR 121/1� s/9 z -1,3,) Town Clerk, Town of Southold Phone 298-8833 MATTITUCK FIRE DISTRICT •n`V�" P.O. BOX 666, 1000 PIKE STREET MATTITUCK, LONG ISLAND, N.Y. 11952 �.---- �,L J July 29, 1991 Mr. Gerry Goehringer, Chairman Board of Appeals Town of Southold Southold, N.Y. 11971 Re: Metro One Communication Tower Dear Sir: It is understood that consideration is being given to the instal- lation of a Metro One Communication tower within the boundries of the Mattituck Fire District. Please be advised that the Board of Fire Commissioners of the Mattituck Fire District beleives that the Metro One Tower will be a vital , and necessary, link in the emergency communication system within the Town of Southold and will enhance the system' s capabilities throughout the entire County. Sincerelyyattitucl��Fire ' n A. Ke ect. ist. CC: Southold Town Supervisor Southold Town Board APPEALS BOARD MEMBERS y' SCOTT L.HARRIS z Gerard P.Goehringer,Chairman � � � -- ,� Supervisor Charles Grigonis,Jr. , Serge Doyen,Jr. `rj }, t^ Town Hall,53095 Main Road James Dinizio,Jr. yam, - P.O.Box 1179 ' Southold,New York 11971 Robert A.Villa Fax (516)765-1823 Telephone (516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Adninistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article XXIII Section 100-230 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No : 4023 Applicant: Cellular Telephone Co. d/b/a Metro One Location of Affected Land : 415 Elijah' s Lane, Mattituck, NY County Tax Map Item No . : 1000- 108-4-p/o 11 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments : A licant is re uestin an int r reta ion pp q g pernrr s�i�rn . -o of .the March 14, 1991 Notice of Disapproval issued by the Building Inspector concerning a proposed 104 ft. height of a mOnOp0 e S rUC Ure Or sslon, and In a :: III, , variance from the height, restriction. Copies of Town file and related documents enclosed for your review . Dated : P--AfL92_ 1fG APPEALS BOARD MEMBERS VI SCOTT L.HARRIS Supervisor Gerard P. Goehringer,Chairman Town Hall,53095 Main Road Serge Doyen,Jr. �. � P.O.Box 1179 James Dinizio,Jr. Robert A.Villa Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 25, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Appl. No. 4023 - Interpretation and Variance (Cellular One) Dear Mr. Smith: Attached please find a copy of the Board' s determination rendered under the above application. In accordance with the rules of the Suffolk County Administrative Code, the file has been transmitted to the Suffolk County Department of Planning for their response. Copies of this determination have also been furnished today to the Planning Board for their site plan file and the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning Mr. William J. Baxter V. MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary 7!7- Thomas F. Moore Of Counsel - December 9, 1992 BY HAND Southold Town Zoning Board Southold Town Hall Main Road Southold, NY 11971 Re: Cellular One (Mattituck site) SCTM # 1000-108-4-11.002 SCTM # 1000-108-4-11.003 Dear Ladies/Gentlemen: Enclosed please find copies of the Covenants and Restrictions which have been filed in the Suffolk County Clerk's Office for each of the above referenced parcels. Very truly yours, "0C re WDM/mr Encls. DFC1,ARA CION OF COVENANTS AND RrS rtt lr "I t( )r;S DEC - 9 Phis Declaration made the day of r`o J; wt'. 1992, by Wil 717 t. Basler, Jr. and Patricia Baxter residing at It).30 East Putnam Avenue, <;recn•• i, I,, Connecticut, and Robert Goeller and Janc P. (-;oeller residing al 3d1) Ridge Crest. . . u. Barham, California (hereinafter referred to ns "Declarants") WITN ESSIi'1*11 WHEREAS, Declarants arc the owners in fee simple of certain Premises sihtai- al Mattituck, Town of Southold, Suffolk County, New York, describe..fl on the Suffolk Cot my "Ias Map as District 1000, Section 108, Illock 01, tart 11.2 and a'". more fully dcscr il- in the attached "Schedule A" and, i l . WHEREAS, the Southold Town Zoning Board of Aphe;11% by resolution nut-t• —t nno August 18, 1992 granted special eseeption approval to the Celluinr Telephone Conu• env np d/h/a Metro One for construction :+nd use of a 1W foot monopole radio transmi#Sinn tfi.:•-r ,,n " on property abutting the premises dcscribed in the attached 5chcdtde• A, as shown on Ow attached Schedule B and, � l. .ll'G• �— WHEREAS, the approval v :ts conditioned upon the filing of certain covenants and restrictions, \r srrrr , NOW, UIEREFORE, in complimice with tite resolution of said Southold Zoning Board of Appeals, Declaimits herein declare that the )aunt described in Scheduic EIEC 4 1999A is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: / 1. No buildingshall be constructed within the "fall down radius' shown n s o the attached Schedule B to the extent such radius includes property within the premises deserihed in Schedule A. This covenant shall not prohibit the us• or the atfeetrlt au Irr parking motor vehicles. 2. 'These covenants and restrictions can be modified only ul the request of the 0-11 owner of the premises with the approval of a majority plus one of the Zoning Board Irl III,, 'town of Southold after a public hearing. Adjoining property ov,ners shall be entitlrrl III notice of such public hearing but their consent to such modifications shall not be requir rl. IN WITNESS WHEREOF, the foregoing Declaration lws been executed by if,,, Declarants on the day and year first above written. William 13a,Cer, Jr. fl t 1� STATE OF , ('�- •l,_ Patricia Baxter �� COUNTY OF + as t:/ti.c<a_. On the ?K day of l I 'I' , 1992, before me personally came William J. Baxter, Jr. to me kiaown to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public TILM Lt. rl'' ) MY f.nm nu;;imr Expires April FU,MIN STATE OF COUNTY OF I On the 25`r day of 1992, before me personally came Patricia Baxter to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same, %C Notary Public 1}I,NA C. ri-:) r'nrvy ru F.;i^/ F.ir(iCLI fn;yrt7 DIY Pummi.,ioR *:p!r.; April 30, 199r, Y ( � i tRobcrf If. (,ocllcr f 1 ( Jdne P. Gocher STATFOFew COUNTY OF Srtn•-/y G3A�+/ ;r •'. On the �3(-A day of/tf c' 'e .roto ,._ , 1992, before me personally came Robert 1) Gocller to me known to be the individual described in and who executed the forepint;,F (� instrument, and acknowledged that he executed the same. Notary Public . >> Glo18AC01W •-��t4 COMM. l76I.12V . �, NofnrVPublic-Cnlifornio y 'q!;A% SANTA RMARA COVN7Y L. IAv ccrnm.n4pir,+;J4N TF1,101,11 + STATE OF(�qz COUNTY OFS.,jo->/,? �r�fzdf On the =f�t�` clay of li4 I , ,niif r- 1992, before me personally carne Jane 1'. Goeller to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same, Notary Public SANIA r?AIMAW, :OUt)IY a ,0 .51 •.kt r.c.rnrn.c%pihi.11�N IA+Iri$3 ALL, that certain plot, piece or parcel of land, with the buildings and improvements thci- nn crec(ed, situate, lying and being at Mattituck, Town of Southold, Suffolk Count)-, Stat, r'1 New York, and being more particularly bounded and described a;: follows: BEGINNING at a monument located at the intersection of the %veslerly side of filijah' lane and northerly side of Main Road (NYS Rt. 25); THENCE North 84 degrees 45 minutes 40 secornls.West 395.38 feet along the north 1h side of Main Road to a point; THENCE North 85 degrees 36 minutes 30 seconds a distance of!11:49 feet to a monuwn w: TIIFNCE North 85 degrees 30 minutes 40 seconds West a distance of 69.74 feet (I1 monument at the boundary of property now or formerly of Joseph Neville; TfIF'NCE North 23 degrees 08 minutes 10 seconds West 12249 feet .long said land pf Neville; Ti If-,NCE South 77 degrees 06 minutes 00 seconds West 483.05 feet along other prop-rly now or formerly of Baxter and others to a point along the westerly side of Elijah's. lank: THENCE South 25 degrees 09 rnimrtes 10 seconds East 298.50 feet along the westerly gide of Elijah's Lane to the point or place of BEGINNING. SCHEDULE A I s i r : • I 1 � i • I >I y I 1 U i ii I ' i� X11 I'lt(lP(lSr 1) 102' MGH 1 ' I+nnoror F ii(-(D +CFU I11JF1AIItIFC1 - .. . ' I ':nll. rrnlii•L;Fllr Ali � �-... � _� 1 � ' f rl . III I xIS'F- DLOCK I r,�r 1F r Irr 1 �f � 'J � '� ' � • II ' 1 � f I 1 I ' �(I •� Y%'I� �; t I'IlUI'US U '+ R 1 -,h ' rPARK 40E I r �I . FS {`i(; r+1 + 1 'I�� 1 � YMI�`c �i✓ .. ..�! ll:� y'� •r ', FUTURE COHSTRUCT10M 1� NOT PERMITTED WITHIN THE HAWKED AREA SHDIYI! 't SCHEDULE B STATE OF NEW YORK) )ss. : COUNTY OF SUFFOLK) I, the undersigned, an attorney admitted to practice in the Courts of New York State, certify that the within covenants and restrictions are a true copy of same which were recorded in the Suffolk County Clerk's Office on December 4, 1992 WILLWILLTAX D. MOORE Sworn to before me this 9th ay of December, 1992 . 2 46y Adz� NOTARY PUBLIC LYNN M. BARAUSKAS Notary Public-State of New York Suffolk County-No.472087P�9 Commission Expires Jan.31,/ • • 1'yr t� I \`i DEC DLC•LARA'TION OF COVENAN FS AND RUS"l- P ' I l( )I.J- phis Declaration made the. day of 1 �oJEMtSt tt I x'12; 11TV 01ir„Tr--17 — P:ielcr, .Ir. and Patricia Baxter residing at 1030 ti. Putnam Avenue, l:ircenwich, C•onm -ti- ill. and Robert Gocller and Jane 1'. Goeller residing at 349 Ridgc Crest, Santa CaliGrcnia (hereinafter collectively referred to as "Declarants") 11117 `l l WIIEREAS, Declaranls a.re the owneis in fee simple of ccrlain premises siln:'l t Natliluck, Town of Southold, Suffolk County, New York, described on the Suffolk t 'o I r "lax Nap as District 1000, Section 103.00, Block 04.00, Lot 11.3 and as more fully desci if-d in the attached "Schedule A" and, WI IERF,AS, the Southold •Town Zoning. Board, in Appeal No. 4023 rendered Air i- t 13, 1992 granted a height varianc^ on the property described in Schedule A to 1- :nit na . on, construction of a 100 foot monopole, radio tower and, WHEREAS, the granting of the variance was conditioned upon the filinggtof cc,(-i n 1.1 o t covenants and restrictions, i 1 . t:'e'3 NOW, 'I'III 7 Rf:FORE, in compliance with the resolution of said Southold 'Im%li Zoning Board; Declarants herein fIcckne that the land described in Schedule A is held !,rnl . G shall he conveyed subject to the following covemints and restrictions which shall run itli the land and shall be binding on all owners, tenants, heirs and/or assigns: OEC 4 19 2 I. The height of the proposed icccss(iiy monopole radio tower shall not e,;--d IM feet, as requested; 2. 7'he fall-clown radius of the tower shall be as Submitted, with the following y setback distances: a) 95 feet from the proposed tower to the northerly property line; h) 70 feet +- from the proposed tower to the nnthcaly propcaty I;-: c) 69 feel from the rear wall of the accessory erne-story block huil,ri-r. 3. Any future expansion for the storage of the telecommunications egnipnini to areas outside of the existing one-story block building located in the rear yard will rc(piii- further application for Special Exception consideration; and 4. In the event this transmission tower becomes obsolete or its us� k discontinued for the telecommunications purposes requested in this application, the I • "I shall he removed within three months of its obsolescence, and it shall be the responsil,ilit.- of the owner, subsequent owners, successors, assigns, and/or the applicant herein to compiv with this condition, at their own expense; and 5. No other structures, buildings, or uses shall occulty or be located ()if (hr premises unless further application is made to this hoard under this Special Exception, a; well as the Planning I3oard under the site plan regulations, in order to re-consider a11701601', standards, including safety, heallh, and welfare standards and concerns; and f 6. Lighting shall be placed near the top of the tower for aircraft safety pinpacs and in accordance with atpplicahle Federal Aviation Administration regulations mid requirements.. IN WITNFSS WHEREOF, the foregoing Declaration has been executed by the Declarants on the day and year first above writle.n. William J. aoctcr, Jr. C ct Cu_L_, atricia Ilaxter _C=� t• Robe 1 c1t1 l'rn�llcr I Jfe e P. C�ocller - S'IAlF Oh COUNTY OP On the ('��' day of Alo ,Nike i 1902, before rnet personally came Wiltio,m J. 13axter, Jr. to me known to be the individoal described in and who executed the forepoint, inshonlent, and acknowledged that he executed the same. ` 1 Notary 1'ubllc S•IATF, OF lCr'r,LvrJLUA ' COUNTY OF On the l.�(�' day of Nr { ,^ { 1992, before me personally came Pan ficin Baxter to me known to be the individual dcsclihed in and who executed the forcp,img instrument, and acknowledged that she. executed the same. l ler` 4o ffi.,r Notary Public MARGAIIETE GRARILICH NOTARY PUT_.IC _ My oommislon exo:res Morrh al, 1?9Z SfAlI: ('UUN CY Oi'�n�rin•�rd._1„-�.=_' On the .':;( r� We rnigr°r2., rr , clay of Nt 1112, before me I,ersanally curnc I.r�t•r'It (;ociler to me known to be the individual described in and who executed the fowl! pint; instillment, and acknowledged that he executed tl(c same. Nurnry Public ---� CLORIA COME - i t x•T COMM./767427 i inr//f�__!'_ rJplmY PublIc Co6romin V'r'�•• SM TA PARPARA COUNTY Mycornm,mplrm.lUn IQIc96 STAI F OF (11-71 COUNTY OF L"'t/tj"h On the :3rr'" day of Af— 1992, before we personally came .Inns i'. (3ocllcr to me known to be the individual described in and wbo executed the foregoing instrument, and acknowledged that she executed the same. r / Notary Public `»` cko PIACouIF �Y f rnN,ll.1. 1767427 f\�, ' rt-( Nel•.vy ruhllaCnUrornln X V .15 ., ��' .ANIA P.'gPARA COUMy !..7 nnn.r yr.re9 JUrI 18.17cV � _...___. _....._ ..._. _ __. _...,i if ,I. ..... ._ . .. ._ ... . . n11,111M t n.ltaln piece, blot e�cel of land, with the bifild 1�M''AArl ;Ii lveowlll. vil',• t,• 111 n•,+r.• I:nov:n n httd by Lot 2 oil n Certmn nfap entitled to Map of Alt�ri`un. lonndnly I ro-a I'm Nilli:nn J. Aaxtcr, Jr. Patricia Baxter, Robert P Goell,t$i illd lane P (ioelirr ^it,,m,d "I bfnttiluch, Town of Southold, Suffolk County, New Yolk, Ad" fil I 'in 1hr• Office • f thr t 111; of file Comity of Suffolk orl'May 15, 1990 ns file No.8917 Alis( k,ait� t'ntt,rc 11ntticul"111v_k-11n1q i and ticFcribed as fnllnwa {l 9I I i UP,G1NNING at a I'nint all the westetly aidr, of I,lijrdt'l L6,Ii niaid voint beiml '911 1• • t u t+nrlh�rly front the irlterset•lj0o 0f the nottltcrly line of tho �9 All I( ,ri,l (Plea' Yofl: 'Ani" 1` • ,r Ip l II, 25) nod the westerly lion. ef, Elijnh'< I..Roc, saiel point Alco bvint tilt' r ,ulhcarlcrly enm^t ••I r . t 2 ns shown on the hforemdtflienrtl 11111p; }tanninµ Ihenct oU1111 774, 06110" Wvt t nlnw; ,1,,. seutllcrly line of Lot 2, 03,.05 feel to land now or founerly filo ph N(.-.Ville; Kunnin}t it, 1 - I North 1_i' 08'10" west alr,ftg snid land 19 46 feet to a poiht lRlbntj Ile Ihcocc, North 21' 10" jI Weill still Along said land 11nd partially alone Innd ttmV r+t Siittct vi, ilof the County of S�,II�JI'�• ' I 101117 feet to a [toinl; l2unning 1Jfencc 14011], 70' 10 SU" AAS Alton Illod now or fotnerly ,I rlrc ('otnlly of Suffolk,lnn(I j,mb'or Fist III crly Chung I C hof and, �A 'd tiloiiv or foITtlerIy C c,iII nic I„ Masten, 475.60 foci to Ilii 1vleslerly line of Faijnb'n 111116 kd nlllt4R (liblec South 25' 119' I('" r'I t II i 171.5(1 feet to N,c point 61 place of lIEGINNf14(;. 11�I � I I :II I �i lI I 'lig I i I I it i 111 � •' ' i'� I ! it t • I II I 111111 EE fttr'ri �� i. � � � rU � •I I l II SCIiEbUL1's A qu i, r~ � ,1 I li I (I l�lllh i; ;l. STATE OF NEW YORK) )ss. : COUNTY OF SUFFOLK) I, the undersigned, an attorney admitted to practice in the Courts of New York State, certify that the within covenants and restrictions are a true copy of same which were recorded in the Suffolk County Clerk's Office on December 4 1992. W MOORE Sworn to before me this 9th day of December, 1992 . ko NOTARY PUBLIC LYNN M.BARAUSKAS Notary Public-State of New York Suffolk County-No.47208�7f Commission Expires Jan.31 APPEALS BOARD MEMBERS " '1 - SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman „ " a Town Hall,53095 Main Road Serge Doyen,Jr. n, P.O.Box 1179 James Dinizio,Jr. '" ', a Southold,New York 11971 obert A. Villa Fax (516)765-1823 Richard C. Wilton Telephone(516)765-1809 Telephone(516)7654800 BOARD OF APPEALS TOWN OF SOUTHOLD October 14, 1992 William D. Moore, Esq. Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952-1424 Re: Cellular One, Baxter and Others Telecommunications Use and Tower at Elijah' s Lane Dear Mr. Moore: Please accept this as a follow-up to re-confirm that the Declaration of Covenants and Restrictions must be corrected at paragraph 6 by deleting the words "if any. " This would then conform to the Board' s resolution adopted on August 18, 1992. Once the Declaration has been revised to conform with the above and our previous letter mailed to you on October 9, 1992, and recorded with the County Clerk' s Office, we ask that you forward a conformed copy to our office for our permanent recordkeeping. Very truly yours, Linda Kowalski P.S. The Chairman has indicated that the hours for the lighting to be on is 4 p.m. to 6 a.m. daily. cc : Mr. and Mrs . William J . Baxter APPEALS BOARD MEMBERS " SCOTT L.HARRIS Gerard P.Goehringer,Chairman Supervisor r ; ' ` k�' Town Hall,53095 Main Road Serge Doyen,Jr. Y . a §` 7 P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa '�� e > %f Fax(516)765-1823 Telephone(516)765-1809a Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 8, 1992 William D. Moore, Esq. Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952-1424 Re: Cellular One, Baxter and Others Telecommunications Use and Tower at Elijah`s Lane Dear Mr. Moore: This will confirm that the Declaration of Covenants, which was required by the Board at the time of rendering its determination, is acceptable, except however that the "in perpetuity" clause should be added as well as a clause binding all owners, subsequent owners, tenants and assigns. Once the Declaration has been revised and recorded, please forward a, conformed copy to our office for our permanent file. Very truly yours, Linda Kowalski s 1 i l 3 3 t 3 P COUNTY OF SUFFOLK SEP 1519 Ii i ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September 10, 1992 Town of Southold Zoning Board of Appeals Applicant: Cellular Telephone Co. d/b/a Metro One Mun. File No.: 4023 5 4022SE S.C.P.D. File No. : SD-92-11 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Restrictions are necessary for public safety purposes. Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb H.LEE DENNISON BUILDING 0 VETERANS MEMORIAL HIGHWAY 0 HAUPPAUGE, NEW YORK 11788 0 15161 853-5192 Page 6 - Appl. No.623 , Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Villa. (Member Dinizio abstained. ) This resolution was duly adopted with a quorum vote of the Board. * * x lk GERARD P. GOEHRINGtR, C7PIAN r APPEALS BOARD MEMBERS Sl%; Vpp SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman o ' CA Serge Doyen,Jr. Town Hall,53095 Main Road O ,. James Dinizio,Jr. ';,� � �! P.O.Box 1179 Robert A.Villa 0� �� Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4022SE. CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) , and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Westerly side of •Elijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map 8937; Parcel #1000-108-4-11.1 (part of 11) . WHEREAS, action was taken, after proper notice and public hearing, by the Board of Appeals on July 25, 1991 denying the applicant' s request for a Special Exception under the "public right-of-way" provision of the residential zone district, and due to impropriety of the selection of the zone district as it relates to residential uses; WHEREAS, an Article 78 proceeding was commenced seeking to reverse and annul the Board's denial of the Special Exception; and on May 28, 1992, a true copy of the court judgment decided by Justice Robert W. Doyle reversing the Board's .decision was delivered; and WHEREAS, the time for the Town to appeal this Court decision, as requested, has passed; and WHEREAS, the public utility installations are essential for providing services to the public interest devoting its property and its right-of-way to such public use and service and stands ready to serve all the public; WHEREAS, the public utility company has guaranteed the Town and the unrestricted public of its telecommunications services to the public, NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for telecommunication use for utility services directly for public use, as applied under Appl. No. 4022, and re-confirmed at the Board's July 29, 1992 meeting, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: • Page 2 - Appl. No. ( `22 c Cellular Telephone Metro One) - August 18, 1992 1. The height of the proposed accessory monopole radio tower shall not exceed 100 feet, as requested; , 2. The fall-down radius of the tower shall be as submitted, with the following setback distances: a) 95 feet from the proposed tower to the northerly property line; b) 70 feet+- from the proposed tower to the southerly property line; c) 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within .three months of its obsolescence, and it shall be .the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on the premises unless further application is made to this Board under this Special Exception, as well as the Planning Board under the site plan regulations, in order to re-consider all zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; . 8. Written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. . Goehringer, Doyen and PAGE 30 • PUBLIC HEARING SOUTHOLD ZBA 7/29/92 APPEAL # 4023 AND 4022SE Applicant(s): Cellular Telephone Co. d/b/a Metro One Location of Property: (415) westerly side of Elijah's Lane and northerly side of Main Road, Mattituck, NY County Tax Map No. : 1000-108-4-part of 11. The Chairman opened the hearing at 7:50 p.m. and read the Legal Notice and application for the record. Member Dinizio left room for this hearing. CHAIRMAN GOEHRINGER: Mr. Smith do you have any objection if I open both hearings at the same time. I know you want to address the issue of one particular hearing. MR. ALLAN SMITH, ESQ. : I do not mind Mr. Goehringer, as long as you allow me to reserve the points made in my correspondence to you, that we have a standing objections to the opening of the Special Exception. We believe that that has been resolved and was finalized between the parties. CHAIRMAN GOEHRINGER: Okay. Thank you. We have a copy of a new site plan that we have just received on July 27, 1992 indicating the major concerns of the Board through the prior hearing process and they are still indicated and after a discussion with attorney Bill Moore, they shall remain and have remain, thank God. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We are all set Mr. Smith, I apoligze for the timely that it took to read the Legal Notice. MR. SMITH: Thank you Mr. Goehringer, thank you to the Board for the opportunity to again appear before you. As a preliminary matter, I have reduced the testimony of the professional that is involved in the height issue to writing. And, I will submit his testimony and he will also speak. Additionally from a previous hearing, you had before you Mr. Papay, who is the structural engineer, although I do not intend to have him add to the testimony that he has previously made in this matter should, in the context of the height consideration, an issue arise with reference to structural safety of the tower, he can step forward and answer those questions. I will pass up his resume and Mr. Scott Fox's testimony. CHAIRMAN GOEHRINGER: Thank you. (Mr. Smith hands up papers.) Six is fine. You owe me one more. Oh, we do have it, I apologize. MR. SMITH: Mr. Goehringer, I would renew the motion, if you will, that is contained in various correspondence that I have sent to you over the PAGE 31 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. SMITH (coni,_): past several months. That 'in fact, in that this is a radio tower, as has been defined by the judgment between the parties, which is now pliant as between us. That the exemption contained in your code for heights of such structures makes the hearing on a might inappropriate for this evening. In support of that, I will file with the Board several documents. One is the certification of Mr. William Moore relating to a record of the Southold Town Planning Board relative to the review of the NYNEX tower that was built up by the dump, wherein, you will see the following language: "height of the tower exempt from the variance under Section 100-230(d) of the Code of the Town of Southold", which is the section I have cited to you in several pieces of correspondence. Secondarily, I will offer to you a certified copy of the final judgment as between the parties, which in its findings defines this particular tower as a radio tower, which is the language used in that particular section. Additionally, I would offer copies of the action of the Board with reference to the NYNEX Mobile, excuse me, NYNEX Mobile Communications application _ with Arthur V. Junge, Inc. , which additionally reinforces the position that the hearing this evening is unncessary and inappropriate. (Hands up documents) . Is the Board prepared to make a ruling as to whether or not this particular code section has absolute power? CHAIRMAN GOEHRINGER: No, I have had a discussion, well, firstly, let us go back to square one and just discuss the situation entirely. And I do feel badly, okay, and I know Mr. Baxter is here and I have known Mr. Baxter, in fact I was fighting a fire on his property and I had seen him this past him this past summer, being a member of the Mattituck Fire Department. Originally, this application came before us and we were processing the application as if we were going to approve the application. The main concern of the Board was that, we no longer had a more intensive business use, we now had a lesser intensive business use, as of the new inception of the new Code in 1989. And that's were the concern came to be. I am going into this issue. Now, from that particular point on, there was litigation. The Town lost the litigation. We are at this particular point now dealing with a reaffirmation so to speak. - When I had a discussion with Mr. Moore on the telephone approximately a week or so ago, he asked me the reason for the Special Exception, I'll get into the height in a minute, okay. And, I told him at that particular time that we would like to incorporate everything, get it all nicely done, packed up and dealt with so that we know exactly what we are dealing with at this particular time. And that is my particular feeling on the whole situation. In reference to the height, I had a discussion with him on the phone, and it is the same discussion and I bring that to the record that one of the major concerns and you did a very superlative job in presenting this application the first time around. And I did feel very badly about ruling against it, okay. And ' you indicated the need for fire and emergency services over this telephone system. And, I realize that it's of extreme importance in the rural area that we live in. At the time same time, being a fireman in the Town of Mattituck or the Hamlet of Mattituck for some twenty-four PAGE 32 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER (con't.): (24) years, I' have also gone to many plane crashes of planes that have never made it to or from Mattituck. It is not a landing field, it is not an, whatever you want to call the airport so to speak which is, and that is what our immediate concern is. I did mention that to Mr. Moore. So, not withstanding the fact of our opinions concerning should we be here or shouldn't we be here tonight, we're here to complete the process. I am not here to rule against this, I am not here to put stumbling blocks in the way of this particular situation. The fall down area is there, we don't have to drive to Laurelton to see the antenna, because I assume it is similar to the one that NYNEX has constructed and so on and so forth. We are merely here to ask two or three questions and deal with that, I am in any case, I have no idea on how the rest of the Board, so I can't answer that question at this point. MR. SMITH: As long as I reserve my rights, I am ready to go forward. Our position is that the height issue was exempted by your Code and you respectfully disagree, that's what makes horse races. So let us go on. CHAIRMAN GOEHRINGER: Does that answer your question? I didn't want to be in a round about matter in this situation. MR. SMITH: I have answers for the questions that you have raised and I intend to share them. Going forward, I would like with the permission of the Board to incorporate the testimony of the prior proceedings into this proceeding. CHAIRMAN GOEHRINGER: No problem. MR. SMITH: I have provided you with a certified copy of the Order. I should offer, although I sent down to you by hand, the drawings Sl and S2 that came to evidence to this hearing. Lastly, I would share with you the FEA determination, which was an open issue last year and has since been decided. I guess that while I am introducing things, the other thing that I would put in and I am not sure I put it in this stack, but I will get it for you. We do have a letter at this time from the Mattituck Fire Department confirming the advice that I gave you in the earlier hearing relative to the telemetry of the head, I guess it is the head of rescue. CHAIRMAN GOEHRINGER: And the ambulance. MR. SMITH: And ambulances. Last time I did this verbally, this time I put it in writing. CHAIRMAN GOEHRINGER: I had discussed that issue with the Chief, who at that time was Norm Reilly and he had indicated me, of course, we have a new chief, Chief George Lessard and he had indicated to me that since the construction of the antenna at the Highway Dept, the Fire Department has not had a problem with transmission. PAGE 33 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. SMITH: The experience that has occurred; although I am not a witness, I am a volunteer, the experiences that have occurred and one we have needed the celluar services have been on those occasions of having to establish a command center, such as for the brush fires over on Riverhead-Moriches Road for the Eastport Fire House and/or with reference to those, volunteer ambulance services that provide a AEMT services and they need the telementry all for the EKGs through the County system out to I believe it is South Side or Mather, where they get obstruction on dealing with heart patients. With that being said, I will introduce you to Mr. Scott Fox, as you can tell from Mr. Fox's resume, he is the chief of engineering and can explain to you the issue of height as it relates to this type of a service. Mr. Fox would you explain to these folks how this works, why it has to be the height it has to be. MR. SCOTT FOX: Good evening Mr. Chairman and members of the Board, just in very simplistic and to start the discussion I wanted to just reiterate, I know it has been on some of the prior record, but just in very simple terms, celluar telephone is based on a radio technology. It is very much radio based. Radio waves at the frequency that we are talking about travel line of sight. In our business, unlike many other businesses, we, the optimal height of the antenna is critical to the success of this system. And by optimal I don't mean the higher the better. In our case, we need to be at a certain height, that is high enough to provide coverage of the community, yet not too high so as to cause unwanted coverage, which we would refer to as interferrence into adjacent communities. Basically, celluar again works on the premise, I think you probably heard the term in previous testimony of frequency reuse, where cells sitting right next to one another use different frequencies, and maybe the next cell over uses yet another frequency. And the next one uses that same frequency again. So basically, again height is a critical requirement for the proper design of the celluar system. In our case, I am very, very much familiar with this case, the design criteria is to provide what we call overlap with the adjacent cell which is the Peconic cell site. We also refer to this as Southold Cell Site to the northeast of this location. It is about four point two (4.2) miles, I believe from the Mattituck Cell site. Again, the design criteria is to provide just enough signal strength so that there is sufficient overlap to ensure a hand-off to the next cell. And, one of the things that I wanted to stress this evening is that again unlike other technologies, it's in our best interest not to be too tall. Too tall is bad for us, and so we have every incentive to be at and designed for just high enough to provide what we call that effective hand-off. As you are traveling from community, or as you are traveling down a roadway, or as you are walking from place to place, as you walk away from one cell site, the signal tends to fade, very much as if you are driving outside of the coverage area, say from a FM station. The signal gets weaker and weaker and weaker to the point where it becomes unintelligible and it no longer provides the information that you need. At celluars designed such that the next cell site provides a hand off PAGE 34 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't.): and allows that continuous conversation to go on. As part of my submittal for the record before each of you is part of our analysis. The engineering process is an iterative process. We start at low heights, we look for again, the optimal coverage, yet we don't go beyond where we can achieve that objective. In the case of this, there were a number of enervative steps through the process, but for the sake of the explanation this evening, we've detailed four separate cases. We've looked at the Mattituck Cell Site operating at thirty-five (35) feet. And it is clear from our analysis and also again the attachments to my presentation this evening, which you have in front of you, that it does not provide proper overlap with the adjacent cell sites. The next case has shown there is an analysis performed at fifty (50) feet, again it is very clear through the analysis, not quite enough coverage for the purpose of this cell site. Seventy-five (75) feet again, the same case. And then if you look, again it is .Exhibit"A", I believe in the package. It is the one on top, you can see the coverage shown for the hundred foot proposed height. To us this is the optimal height, we do not require any more than a hundred feet to effectively provide a quality signal to the community. And it truly will not work to the quality levels that we need to provide to the community at anything less than one hundred (100) watts. Thank you. CHAIRMAN GOEHRINGER: Whom might I ask in the field of endeavor that you brought for us, the question of any disturbance caused by this transmission tower. MR. FOX: I would be glad. CHAIRMAN GOEHRINGER: We are, of course, in-the world today of the East End and I can remember thirty (30) years ago and we did not have Cablevision, and that is the reason why one of our members has left because he does work for a cable organization, alright. And some people still have regular antennas on their houses, some of them have FM antennas, some of them CB antennas, and so on and so forth, okay. Is there any interference with these? MR. FOX: That is a very good question. The FCC gave that very very careful considersation when allocating us the frequencies that we operate on. We take great pains to properly engineer our system. I can state, just by way of example, I hope this would address the concern. Interference can happen, however, we are currently operating well over six thousand (6,000) transmitters within the New York/Metropolitan area with no known reported cases of interference. And we as a matter of fact have a letter from the Federal Communications Commission stating this. It is part of the mandate of our license that we operate on an interference free basis. And, again, it's attributed to the engineering and as well as the setup. And the designation of the frequencies by the PAGE 35 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't.):Federal Communication Commission so as there is no overlap between adjacent services. We have our own unique frequency on which we operate we are the only ones allowed to operate on it, and we maintain as required by our license very, very strict tolerances to those operating parameters. It's just day to day business, it is what we do. CHAIRMAN GOEHRINGER: Two other quick questions, the approximate or the exact height of the tower itself is one hundred and four (104) feet? MR. FOX: No, to the tip of the antennas, it is one hundred (100) feet. To the very top of the highest point, it is one hundred (100) feet even. One hundred (100) feet, nothing more than that. It's a very highest piece on the structure. CHAIRMAN GOEHRINGER: I don't know if it was NYNEX or if it was Celluar One, we are referring to as Celluar Onenow or Metro One, or doesn't make any difference. MR.SMITH: Same nose and face. CHAIRMAN GOEHRINGER: We have two antennas that are going up like this on one or two of these units, is this similar to the one that would be constructed here. MR. FOX: Not in this case. CHAIRMAN GOEHRINGER: It will be a flat top. MR. FOX: It will be a flat top, it does not have, like the night . . . I observed the NYNEX tower, they do have an antenna- protruding from the top of the structure, not at all is the case. We have nine (9) antennas around the base of the structure, that is it. CHAIRMAN GOEHRINGER: Similar to the one in Calverton or somewhere up the Island. MR. FOX: I am not familiar with that one. CHAIRMAN GOEHRINGER: Okay. And the wind resistance--150 mph wind? MR. FOX: Mr. Papay is here to address any of the concerns therein, I believe, that it's spoken to in the past, however, I am not the expert there. CHAIRMAN GOEHRINGER: Very good. Thank you. MR. FOX: Thank you very much. MR. SMITH: Do you want me to have Mr. Papay address the. . . . PAGE 36 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: Yes, just address that for anybody here that is interested. MR. SMITH: Mr. Papay I believe was sworn the last time he was here. He is a professional engineer of structures. It is his type of thing. MR. PETER PAPAY: Good evening. As I had stated previously, the design of the manifolds or other towers supporting antennas is decreed by a national standard. It has been adopted by the American National Standards Institute. It's entitled, actually it is numbered 222 current division Where they set forth the design speeds for the design of tower's manifolds. For this portion of Long Island, the design wind speed, or sustain speed, now would be 85 mph. Celluar One has opted to design air towers or manifolds for a wind speed of 100 mph. These wind speeds are not gusts, these wind speeds are sustained speeds or the wind that would occur over a mile or more in time or distance. It will sustain gusts of higher than 100 mph and that is incorporated within the design itself. Due to conservative and the mechanics of design, it will sustain winds of even greater than gusts of over 125 mph. CHAIRMAN GOEHRINGER: Thank you very much. MR. PAPAY: Your welcome. MR. SMITH:Mr. Goehringer, the young man that gave you the engineering ease, he said it differently the last time we were together, I believe we asked him whether or not could it blown over, he said, of course anything made by man can be blown over, but that our concern at that velocity is not the tower coming down, it's your neighbor's car blowing through the side of your house. So, they are built to withstand the hurricane forces that we may see out here on Eastern Long Island. I would like the professionals answer any other questions you may have. CHAIRMAN GOEHRINGER: My only other; I have two other quick concerns that maybe you might not want to sit down, but then you can address them. Assuming that some time in the future, Metro One/Celluar One no longer wanted to lease this property, what would happen to the tower? And what would be the timely fashion of removing it? MR. SMITH: Yes, I can probably .address that. I like to, yours is not the technology question, but it is the lease that he may have with Mr. Baxter's finite. I believe that this particular lease, although I'm not sure I drafted it, it is a ten (10) plus ten (10) or twenty (20) . The lease language states that the tenant will restore the property to it's condition prior to their entering onto the property. I'm not sure if Mr. Baxter or his heirs would want us to put it back the way it is today, but I can assume that the tower would come down and the building would be restored without the equipment in it. CHAIRMAN GOEHRINGER: And the only other concern I have is that little PAGE 37 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER (con't.): word in the Code which refers to primary, secondary. Would we construe this to be a primary use on the property since it is the newest use, or the use that will be continually used? Or would we construe this as an accessory use? MR. SMITH: Well, I'm not sure which it is, because it is not an issue that I've analyzed for this particular presentation. I can only say that the use of the property, now as a Special Exception use, is the issue that we have already been through in this particular instance. And whether we have done it rightly or wrongly, I don't think fault to right or wrong is the issue, that is behind us. The property is identified as a property upon which its use can be, however characterized and the remand of dusty soil, is for the puposes of considering height. And beyond that, I am not sure I can comment. In the abstract, I could analyze for you those things. As a professional, I don't have to here. I have a decision, I have a judgment, the judgment is final. It is not a question anymore. Thank you sir. CHAIRMAN GOEHRINGER: Thank you. I will be right with you sir. Does anybody have any questions of either one of these or any of these people? MEMBER VILLA: Yes, I was looking at the attachment, Exhibit "B" I guess it is, Attachment "A & B" where you've got the different heights, diagrammed here with the towers with at one hundred (100) feet and seventy-five (75) feet. It doesn't really appear to be that much difference between the hundred foot and the seventy-five (75) foot coverage, you still have areas that aren't covered by either. And what surprises me is you say you don't want to much overlap and yet, with the seventy-five (75) foot height, you come right up to the Southold cell, With the hundred foot height, you really don't show any more coverage to that east side, which doesn't seem to make much sense: It would appear to me that the seventy-five foot height would pretty much satisfy your desires here. MR. FOX: I would be glad to address that I don't know if. . . If you look closely and again, our design criteria is the minimal height necessary to meet our criteria. If you look very closely at the seventy-five (75) foot model, you can see that there is a stretch along Route 25 that does not meet the criteria. Also, I would say that again the contours are shown, they are not circular, as you might expect from a set up like this and that is because of the varying terrain. Terrain obviously limits radio. And so, it is not possible to cover everywhere you want to. We can't control the laws of physics and get the signals to go exactly where we want and exactly where we don't want them to go. But, I can tell you though very specifically, the decision looking at the seventy-five (75) feet is that there is a stretch of Route 25 that just is not covered, just does not meet the criteria. If you go upwards from that, just 'a bit more to the hundred foot level, again you can see by the Exhibit"A" that that criteria is met through the communities major, major highway, where the majority of the traffic is at least and PAGE 38 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con't): emergency vehicles predominately travel. As well as, again overlap between cells is not by itself undesirable. What the objective there is there is really no need for too much of it, anything beyond that becomes undesirable. So then to answer your question directly, if you look closely at Attachment "B", you can see that the Neg 85 DBM contour which this represents, just doesn't quite match up there. North and south, again, we could go higher to cover those areas and cover everything, but it gets to the point of diminishing returns, it gets to the point of where it starts interferring in other areas. And, so it is a process of trade offs in the engineering criteria. And, again I would state it's very clearly in our benefit to design just up to the height necessary to cover the target area. So, again, you can see the differences between the two. MEMBER VILLA: That leads to a question--what would be the minimum height that you need to cover that gap on Route 25? Twenty (20) feet off the tower would possibly bring it down almost a tree height, which would be less visibility. We're in a rural atmosphere, and we are trying to keep it that way and you are starting to spring these towers up all over the place. And, you know, we are going to end up looking like windmill farm. MR. SMITH: Mr. Villa so that we don't get an assumption in here that may or may not be correct. In asking Mr. Fox to prepare for this evening, I had him focus because we were talking about Southold and Southold people, but providing service with the south. You see to do the map modeling for you relative to the given site, you need Southold, which is Peconic. You gain the advantages of Southold folks probably the tower at Northville, it was involved with the Laurel side of the line. I understand your concern, but to adequately address it and if you want to talk about dropping the tower height, you have to also ask what the effect of that may be with reference to the tower to the west. I am not cutting him off, but he should be reminded that although I have asked him to couch his testimony in terms of Southold Town, in answering this question what you do in going from a hundred to ninety-five, ninety-eight (95, 98) whatever, has an effect upon the coverage and/or the efficiency required by his licenses to the west. And with that caveat I have a little problem with his answering the question. MEMBER VILLA: Well, to throw it. back in that aspect, I would like to see the coverage then from the west and how it effects this cell as well? (Tape changed) MR. FOX: Well, again, it is a very good question, and I appreciate council indicating as is very much the case, celluar design is very, very complicated. Not overly so, such that professionals can deal on the field can understand it very straight forward. However, in this case it's not possible, looking at the situation and the situation within Southold, we need sufficient overlap to hand off between cell PAGE 39 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MR. FOX (con.t.) : sites. To go below one hundred (100) feet, falls below the design criteria for the quality which we are required to provide. There are again certain tollerances in this criteria, however, it would not be in the community's best interest or ours to construct a single cell site within the community that doesn't serve the community at really what is known through the industry as an acceptable level of signal strength. Further, again we could easily argue that we could lower the height of any towers, that is possible, I have been asked that many other times, can you lower that tower, the answer is yes. But, to provide the same quality of service as mandated by the FCC, it would require additional towers, additional burden to the community to have to go through a similar hearing as this. The issue is, I think, very straight forward for us, from the engineering perspective. At this particular height, at this particular location to provide a quality signal to the location, to the target areas here, we do need to be a hundred feet. It takes more to build a higher tower, it costs more. We are very, very much sensitive. At Celluar One are part of the communities all throughout the areas we serve. We're sensitive to these issues, we are sensitive to the community. We understand that the lower the better. That is in our best interest, the lower the better. And this is thoroughly been looked at. I can assure of that. It is a very very good question. MEMBER VILLA: Isn't this designed although for a hundred foot pole to standard kind of design? MR. FOX: I don't know what you mean by that, a standard kind. ... . MEMBER VILLA: I mean a hundred foot is one of your standards that you use. MR. FOX: Not necessarily, not necessarily. You know, even numbers tend to work out, it could have been. . . . Again, we are talking about degrees of differences. It could have easily have been a hundred and five feet or ninety-nine feet, but, again, I am not exactly sure how many different iterations were looked at. But, again, as shown by the Attachment "A", it does meet the criterion. If we could go lower and trust me in when I say that we would, because of the cost and the time, and all of the other issues, but from the engineering prospective, again, one of the objectives is to .cover the main roads, the community in which we serve and the hundred feet level meets that objective and that criterion. CHAIRMAN GOEHRINGER: Thank you sir. MR. FOX: Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody else, I know you want to ask a question back there sir, I will be right with you. Oh, you don't want to ask a question, oh okay. Is there anybody else who would like to PAGE 40 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER (con't.) : speak in favor of this application? Anybody like to speak against this application? Any further questions from any Board members? Hearing no further questions, I will make a motion closing the hearing and reserving decision until later on both hearings. MEMBER GRIGONIS: Second. All in favor - AYE. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 7/29/92) ZONING BOARD OF APPEALS 71 9/9L TOWN OF SOUTAOLD ).. - - - - - - - - - - - - - - - - -X In the matter of the Application of Cellular One for an Interpretation and/or AFFIDAVIT a variance concerning the height of a monopole structure at Main Application No. 4023 Road and Elijah's Lane, Cutchogue, New York - - - - - - - - - - - - - - - - -X STATE OF NEW YORK ) ) ss. . COUNTY OF SUFFOLK ) SCOTT FOX, being duly sworn deposes and says that: 1. I am the Director of Engineering for the applicant Cellular One. Attached hereto (marked Exhibit A) for the Board's reference is a copy of my professional resume. I am fully familiar with the site under consideration. The facts and opinions recited herein are from my own knowledge and based upon the files of Cellular One reviewed by me. 2 . The issue before this Board is the appropriate height of the proposed monopole at the intersection of Elijah' s Lane and Main Road in the hamlet of Cutchogue, New York. 3 . The previous hearing before this Board established that the applicant, Cellular One is a public utility under the laws of the State of New York and that it holds a franchise from the Federal Communications Commission to serve the public within the Town of Southold. Cellular One's FCC franchise requires that Cellular One provide cellular telephone service within the geographic boundaries of the Town of Southold. The regulatory mandate for this franchise is that Cellular One provide a quality service consistent with PSC requirements. It is this standard which has determined the height of the monopole in question. 4. The efficiency of the subject site is a function of the "coverage" of the adjoining Southold site at Peconic. The site at Peconic is a given for this analysis. The most westerly portions of the Town of Southold are covered by a site in Riverhead at Northville. 5. To understand the efficiency of the subject site requires that the members of this Board understand certain basic concepts of the technology attendant to cellular telephone communications. Cellular Telephone is a method of mobile communications by radio consisting of mobile units either mounted in vehicles or hand- carried sending to and receiving signals from fixed base sites. The sites are engineered to cover a very limited area so that any particular cell will cover the local area but at the same time will not interfere with another cell operating on the same frequency some distance away. Neighboring cells operate on a difference frequency set to provide a buffer between cells of the same frequency. This concept, frequency re-use, allows the necessary system capacity to be achieved which is required to provide a quality GRADE OF SERVICE to the public. If the coverage between cells provides good overlap, a customer can move from one cell to an adjacent cell through a process called "HAND-OFF". As a customer making a call in the vicinity of a cell moves about and, as he or she begins to move out of the range of the cell, the coverage becomes weaker. (An analogy of this is a television reception on the fringe of the stations coverage area) . When this happens, the call transfers (hands-off) to the adjacent cell, if that cell is present and has a channel available for use. To establish the necessary distribution of cells and to help insure that coverage is uniform, cells are located through the use of a hexagonal grid pattern. When a cell is missing, coverage is not uniform and service can seriously deteriorate in that region. Customers typically hear noise, popping, crackling and other interference. The quality of the call can become so poor that it finally terminates through a process known as a "Dropped Call" . 6. The height of the antennas for a Cellular Telephone Cell Site is determined by a process of which the following components apply: 1) Establish the proper general area for the site (known as the "Search Area") ; 2) Estimate the appropriate height for locations in the "search area" by use of computer modeling tools; 3) Locate candidate sites; 4) Examine the terrain and land cover features in the region; 5) Using computer modeling methods study the potential performance of the candidate cell; 6) Analyze the predicated performance of the site, determining if it will provide quality performance. 7. The determination of the search area is crucial to the process. It is determined by inspection of the grid, a partitioning of the Metropolitan Service Area (MSA) with uniform hexagons whose size is appropriate to the performance of the cellular system, and by use of the performance statistics collected within the switching system. 8. Computer Modeling Tools which use physical principals to calculate the coverage of a given height at a given location are made using a data file of ground elevation which have been determined from maps published by the United States Coast and Geodetic Survey. Ground cover is determined mostly by physical inspection of the locality. Cellular One uses computer modeling tools written by several companies. The primary one has been prepared by LCC, Incorporated, a company that does cellular telephone systems design and frequency coordination throughout the radio industry. 9 . The predicated coverage information is analyzed to determine the optimum height needed for the site. Proper balance is sought between the widest coverage and the minimum interference with the operation of other cells and cellular companies. In the case of the North Shore of Long Island, the several cellular operators in Connecticut are affected when a Cellular one site is not designed well and interferes with cells in their territory. The reverse case is, of course, true. Minimum antenna height is crucial in controlling interference. If the antennas are place at a elevation which is lower than optimum, coverage is reduced and more sites will be required to provide reliable service. Therefore, an optimum height is selected integrating reliable coverage and minimizing interference. 10. In the case of the proposed site at Cutchogue, an assessment of the relationship to the site at Peconic was made. The distance from the proposed location to the Southold (Peconic) # 0 site is about 4. 2 miles. This requires a cell radius of just over 2 miles. The computer modeling study results are attached as Exhibit B with the coverage contours of the cells traced on a map. Attachment A indicates contiguous coverage with overlap, indicated by hatching, with the tower at 100 feet. At 75 feet, shown on Attachment B, the linkage with Southold (Peconic) becomes weak and at 50 feet, shown on Attachment C, calls can be expected to be dropped. At 35 feet, shown on Attachment D, the coverage is not continuous. Calls will not be "handed-off" properly, cellular terminology for the process that moves a call from the signal of one cell to the next, with reliability at less than 100 feet. 11. The coverage (efficiency) provided by the proposed structure at Mattituck is optimum at 100 feet above ground. ott Fox Swor to before me this gy�:( ay of July, 1992 . Gz�\Z�, Notary Public NOTARY !",t "Ie4 York 5 I11 l5y SCOTT FOX 16 Woodmere Drive • Eatontown, N.J. 07724 • (908)389-5520 EDUCATION Bachelor of Science Electrical Engineering (BSEE) • 1981 College of Engineering • University of Florida •Gainesville, FI Specialization: Communications EXPERIENCE CELLULAR ONE ROCHELLE PARK N.J. 1990 to Director of Engineering Present Responsible for the coordination and implementation of all engineering aspects of the New York / New Jersey non-wireline cellular system. Directly manage the activities of the following departments: • RF Optimization Engineering • Cell Implementation Engineering • Systems Engineering (Network, Switch, Traffic, Telco, etc..) • Fraud Engineering Major Accomplishments: • Managed the growth of the Engineering Department and support staff from 3 people (in 1989) to 35+ Engineers in four separate groups (in 1992). • Managed the growth of the system from 1 switch and 46 cell sites to 9 switches and 200+ cell sites. • 'High-site' reduction projects • Complete New York system conversion from Motorola to Ericsson (July 1991). • Implementation of Digital Technology into the New York market (TDMA). • IS-41 Rev. 0 Field Trials between Motorola and Ericsson systems. • Developed and implemented extensive Fraud identification and elimination programs and projects. 1989 to Director of RF Engineering 1990 Responsible for all RF optimization and implementation aspects of the system. Directly manage the team of engineers responsible for the following: • Optimize and maintain the integrity of the existing system while rapidly growing the system to meet subscriber growth. • Develop and implement frequency assignments which allow maximum capacity and minimum interference. • Develop short and long-term expansion plans which provide additional capacity and improved coverage. Evaluate and implement sectorization, cell splitting, and new site implementation to meet these plans. Page 2 Resume of Scott Fox METROMEDIA PAGING SERVICES SE AUCUS N.J. 1988 to Director of Engineering 1989 Corporate staff position, primary duties and responsibilities as follows: • Provide consultation and analytical support to the operating branches nationwide related to all technical aspects of the business. • Identify new technologies with the potential to benifit the company. • Interface with the vendors to implement these new technologies into products and equipment to be utilized by the operating branches. • Coordinate the development and maintenance of uniform technical standards to ensure optimal technical performance. • MFJ compliance liaison - Primary liaison between Metromedia Paging and Southwestern Bell (our parent company) regarding all technical issues related to ongoing MFJ compliance. 1987 to Engineering Manager 1988 • Responsible for all technical aspects of Metromedia Paging Services' largest system, the New York/New Jersey operation. • Managed the Network Operations Center and the Field Service operations. • Assisted in the development of the annual Capital and Expense budgets for the New York/New Jersey operating branch. Managed with full Profit and loss responsibility (greater than $ 5 million annually). • F.C.C. license responsibility. • Site acquisitions, lease negotiations, and payments. • Systems Engineering: Coverage and channel capacity planning; RF control link/repeater design; simulcast optimization procedures; paging formats and preamble management. Telco traffic engineering. 1986 to Systems Engineer 1987 Responsibilities• • Evaluation and optimization of regional and national paging and conventional Mobile Telephone systems. • Integration of common RF resources between dissimilar markets. • Development and standardization of technical procedures and documentation. • Alpha-Numeric 'front-end' processor development. • Remote-site monitor and alarming project management. Page 3 Resume of Scott Fox WESTSIDE COMMUNICATION GAINE VILLE FL 1984 to Chief Engineer 1986 Managed all technical aspects of numerous regional and state-wide analog and digital paging systems. Maintained and operated eight conventional mobile telephone systems and two 5-channel Trunked SMR systems. Designed and implemented the first true "Talk-Back" paging system on the East Coast utilizing satellite comparators/voting receivers, simulcast transmitters, and miniature UHF hand-held transceivers. RADIO TELEPHONE COMPANY GAINESVILLE FL 1981 to Communications Engineer 1984 Responsible for all aspects of numerous paging and mobile telephone systems throughout the state of Florida. Base station repair and paging terminal maintenance. 1979 to Technician 1981 Repair and maintenance of all types of pagers, radios, and base station equipment. The majority of this work was performed while putting myself through college. PERSONAL Marital Status: Married One Child Citizenship: United States Other: Commercial Radio Telephone License Amateur Radio License Private Pilot License ATTACHMENT A M.,vex* SOUTHOLD SITE AS INSTALLED PROPOSED MATTITUCK SITE AT 100 FEET TOP OF ANTENNAS will it t�A 4 t 6 S'AW Roy POW A ffall„ ryndof Pf mwk 0 P..d Ff 41opw C 9.0 a,— Sot c Dwff" A I m.~k Peconic Little BayNo�.Ock Buy as I I KMON t4A710WJ, WILDUM ERICk C,j ftj �k squi. O �f ZT t . ,9lo %\) p%. `,k OD X 51 I :, 1� I I I"-,"., 13 r7 9"y V, Ur, ATTACHMENT B SOUTHOLD SITE AS INSTALLED �` •YRe^^ Pr°' PROPOSED MATTITUCK SITE AT 75 FEET CE TOP OF ANTENNAS �!'P '; �, IN Ir i �' ` e. onw![ i{ rP•s fkd. '• ,n I f� ai ' Shelto I n i` I' --aermmm,P! VIII ' \ J�aY 0 �.� - - i,' r rte. •` y ^ S.ne!h.-dd W fz � 1�" lSmkA t ��.PJB f hP \ �Y L • _ � Goin �,� -\ •.�' h �� : ! Neck . IlacklbMJR fes. G ,. la r. �v, r. Peconlc �,, v ORTON Noyack Bay /- r ` l6 NR7LOTIla-1WdJFE MaE ayeek Ili ° Qi\' w S(�'M•'J v.'.'J'pI I 47 rkj 5) \ r!` \ �. ^ -� ��{{{ �V �C.�J d4� ,irop��*`�'�v�I� O f!�, /,/,f f r1 •!�' S 'Yd.�va ' .� SO r rU X" �+�''�•fkfr�s�,} to�t \�^ ! , 1..__ �.. I P ). 1 _ r�/ s I /ry{, f. . 1 WV lc ! 4e ! ATTACEMENT C SOUTHOLD SITE AS INSTALLED i PROPOSED MATTITUCK SITE AT 50 FEET w fD i rl TOP OF ANTENNAS It<dd A LA Nft* rde rt Dbc*F4,Ad pt 10 Bsech DMM marfmck lnfWAry Uffle Peconic Noyock Bay f% Buy p OWMH NAIIDW WLSt WF 1 ack JW I Ell t ell 4v E ATTACHMENT D G Nry eesN R (,- SOUTHOLD SITE AS INSTALLED "b" G, PROPOSED MATTITUCK SITE AT 35 FEET �,_ n�»^ W TOP OF ANTENNAS JtnF 'Rpn ?fXeeq ` Jforbon R ✓ u4\i �x • _ ( PJrnr TynJef R sov Little Peconic u} "Say Noyack Boy u •i ',6 \_}� . NA1gNA[-W7D11FF I FYUGE BeY A rte%"j Vii' �-' - ( i'•. + � 'rii,� ,gsl'• 4�..N .' N N ,r�>' y �V .;. ` - io _ e �I a. \Z.}.v'i l,. 1 O rnv�ny1 / 5rr✓ '-. i Ul `\ \ IS \ 6 ' >lA� .�'�© / ,b t41 (<�5�O '� co w `1 nyyy f �� t 1 �m Ili 1 5 xo 6 �r+ b f n i a -.�). •v1+ i dt ZD ..�``�t i•.j'N,. 11 +• '�...it - iII � ,pY�-]-r'a .^'1� r Ny (n �� ,.T, },-- ��• ' r:iz AT I 1`I!C 1 � rall�'A 1 �} .. ?7.1 y PLANNING BOARD MEMBERS "' � - c SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman -� n .+ "a_� Supervisor George Ritchie Latham, Jr- Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald - P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE '1-clephone (516) 765-1939 TOWN OF SOUTHOLD Fax (516) 765-833 November 2 , 1992 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3 . Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Cellular Telephone Co. , d/b/a Metro One Requested Action: To erect a 100 ' (1021 ) monopole and platform _adjacent to an existin 724 s . ft. concrete block bldg on a 1 . 848 ac lot in the Limited Business District located on the w/s of ELijah' s La. 299 ' n/o S.R. 25 in Mattituck. SCTM#1000-108-4-11 . SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Valerie Scopaz ( 516 )-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( g ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . Comments: The site is bordered on the west and north by residentially zoned lots; on the east by Elijah' s La. and beyond residential lots; and to the south by two limited business zoned lots in the same ownership as the subject property. The "fall radius" of the monopole will result in a restriction being placed on part of the adjoining lot to the south which would prohibit any construction within the fall radius. Refer to the attached site plan for more information. Please feel free to contact this office for further information. Sincerely, r Bennett Orlowski, Jr. /lam Chairman r' cc: Board of Appeals Board--of Trustees ,x Building* Department -Seuthold Town Board Suffolk County Dept. of Health Services -NYSDEC----Stony-Brook 4 NYSDEC - Albany S GC Dept. of Public- Works-,U-.S,---Army-,Corp-of Engineers N.Y.S. Dept. of Transportation * Maps are enclosed for your review Coordinating agencies '16164 1%9., • 11 ' PROTECT LD,NUMBER. It Al YORK STATE DEPARTMENTOF LAT ENVIRONMENTAL AFFAI AL IE RVATION �1_c• � , DIVISION Of RFCUTATORY ArrAIRS , Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information(To be completed by Applicant or Project sponsor) 1. AppllunUrpomor 1. Protect Nam@ —METRO ONE ). Protect location: Site 22R 1 . 3 i Municipality Town of Southold I County Suffolk [• Is urq�med action: 1� New 11Faparnlon C] Modification/alteration 3. Describe project briefly: Reconstr ction' of existing ne story te lock unmannedutelecommunicationsoe as equipmentcroomearidbconstbuctiongofo104sfoot high monopole antenna 6. Precbe location(road Intersections,preminenl landmark,,etc,or provide mapl Northwest corner of intersection of Elija Lane and State Route 25 Suffolk County Tax Map #1000-1081-4-11 .$ 7. Amount of land alleated: Initially G 2 acre, UltimnelY acre, a. Will proposed anion comply with eeiftina:ening or other ea111ina land me reslrlatlemi ® Yet ❑ No It No.describe briefly 9. What is present land use In vicinity of project, Residential ❑ Industrial ® Commercial Describe: ® Agriculture ❑ ParklandtnPen space ❑ Other South of proposed site predominantly agricultural use Abandoned auto repair shop abuts premises 10. Don action involve a permiV-PProval,or funding,nnw or ultimau•lY, from any nther governmental a 1 = ® Yes yet. BseiseNlemr(federal,nne e1you0l Southold Town Planning Board - Sil)and lte Plan Suffolk County Planning C. c. 11. Does any aspect p7o��fsr the acllen have a currently valid permil or appmvalf EJyetIn No If yet.lilt agency name andermi a p U pproval type 11. As ryult el proPused action will uisling permltlapproval require medd1ca11pnt ❑ Yet ® No 1 CERTIFY TNAT TIIE INFORMATION PROVIDED ABOVE IS TRUE TO TIIE REST OF MY KNOWLEDGE Appliuntlspomor m Date•.Pttnrn-,, for Signatmr. ant Ifis In the Coastal Aroa, and you are a stale agency, complete the Assessment Form before proceeding with this assessment OVER APPEALS BOARD MEMBERS fr u � �� SCOTT L.HARRIS Gerard P.Goehringer,Chairman Supervisor Charles Grigonis,Jr. tirrx n, Serge Doyen,Jr. Town Hall,53095 Main Road �, � � P.O.Box 1179 Robert A. James t AVilla Jr. �� `£ ��! Southold,New York 11971 i Fax (516)765-1823 Telephone(516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 9, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Application(s) of Cellular One (Metro One) Interpretation, Variance for Height and Special Exception Dear Mr. Smith: As confirmed recently by the town attorney' s office, the appeal on the above Article 78 proceeding was not perfected within the time limitations. The Building Inspector has confirmed that his Notice of Disapproval concerning the need for an interpretation on the height issue is still in effect. Assuming that you wish to proceed with the Appeal on this interpretation request, we have calendared the applications for public hearings to be held on Wednesday evening, July 29, 1992, as well as the Special Exception concerning the use of the tower. The exact time of the hearing(s) will be confirmed within the next couple of days by way of a copy of the Legal Notice as published by us in the official newspaper (Long Island Traveler-Watchman) . Very truly yours, AGERIRDt'�60EHRINGER CHAIRMAN w `APPEALS BOARD MEMBERS �,��OSfFO(� COG SCOTT L.HARRIS Gerard P.Goehringer,Chairman yo r ?< Supervisor Charles Grigonis,Jr. �' x Town Hall,53095 Main Road Serge Doyen,Jr. OA - James Dinizio,Jr. !+ q! P.O.Box 1179 Robert A.Villa l �a Southold,New York 11971 Fax(516)765-1823 Telephone 'k516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD June 8, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Your Letter of May 27, 1992 - Cellular One (Metro One) Dear Mr. Smith: This letter will confirm receipt of your letter requesting that the above matters be restored to the meeting calendar. Before re-advertising this matter for the hearings calendar of our June 30, 1992 meeting, it will be necessary to receive authorization from the Town Attorney. A copy of this letter was not forwarded to Mr. Arnoff, and it is possible that this matter has been, and may still be, the subject of an appeal by the Town of Southold. We expect to consult with the Town Attorney shortly upon his return and receive a response on the status of the outstand- ing appeal within a short time. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Harvey A. Arnoff, Town Attorney PoA- 0111co, [):x 1240 T,-): (51(-) '_7-3')41 Qivcihc-IId, NI-I)v York IF101 Pax (510) '-73')50 \\/7 , I LE May 27, 1992 Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application of Cellular one (Metro one) Dear Mr. Goehringer: Please find enclosed a true copy of the judgment in favor of Cellular One. I call to your attention the remand provided for in the last paragraph of the judgment. I hereby request that Cellular One's applications be restored to your agenda as directed by Justice Doyle. I further submit that Section 100-230 (D) (1) of the Southold Code is dispositive of the height issue and that a building permit should be issued. I thank you in advance for your attention to this matter. Very truly yours, Q� Allen M. Smith AMS:TWS cc: Michael Gerard William D. Moore, Esq. PAPAY ENGINEERING & CONSTRUCTION, INC. �= 41 WASHINGTON AVENUE, HILLSDALE, NJ 07642 201-666-9510 201-768-7677 PETER E. PAPAY P.E. , P.P. EDUCATION: B.S. Civil Engineering - June 1982 Newark College of Engineering at New Jersey Institute of Technology; Newark, New Jersey LICENSES: Professional Engineer - New York, New Jersey, Connecticut Professional Planner - New Jersey PROFESSIONAL American Society of Civil Engineers - SOCIETIES: Associate Member National Society of Professional Engineers - Member PUBLICATIONS: Evaluation of Deep Embedment on Seismic Response - January 1987 . Bulletin of the Seismological Society of America EXPERIENCE SUMMARY: August 1991 PAPAY ENGINEERING AND CONSTRUCTION, INC. to Date Alpine, New Jersey As principal, responsible for technical direction, supervision and coordination of engineering design and construction aspects of new and existing communication installations. Responsibilities include feasibility studies, preparation of design and shop drawings, expert testimony and design and analysis of new and existing sites including towers, satellite dishes, buildings and associated appurtenances. Preparation of bid documents and contracts, contractor selection, construction inspection and physical construction. April 1986 TECTONIC ENGINEERING CONSULTANTS P.C. to August 1991 Highland Mills, New York As chief civil engineer, responsible for technical direction and coordination of structural engineering programs. Performed structural design and analysis of industrial, commercial and communication projects. Also supervision of tower investigations analyses and design of new installations. Other responsibilities included construction supervision, client contact and coordination of consultants. June 1982 BURNS AND ROE ENTERPRISES, INC. to April 1986 Oradell, New Jersey As civil engineer, responsible for structural design and analysis of foundation and superstructure for the development of commercial, industrial power generation and communication facilities. Supervised subsurface inspections, sampling of groundwater and contaminated soils, performed review of geoenvironmental impact of projects and construction inspection. March 1977 PAPAY CONSTRUCTION to June 1982 Montvale, New Jersey As construction manager, responsible for construction projects, field engineers, contractor coordination, construction supervision, scheduling and construction claims preparation. USDeoOrtnleflt Eastern Region Fitzgerald Federal8thbng of Transmtotlon John F.Kennedv International Airport Federal Aviation Jamaica.New York 11430 Administration E X T E N S I O N ACKNOWLEDGEMENT OF NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION -------------------------------------------------------------------------- CITY STATE LATITUDE/LONGITUDE MSL AGL AMSL MATTITUCK NY 40-59-56 . 00 072-30-39 . 00 30 100 130 -------------------------------------------------------------------------- METRO ONE CELLULAR TELEPHONE CO. AERONAUTICAL STUDY GLENN WITTE No: 91-AEA-0108-OE 365 WEST PASSAIC STREET NEW ROCHELLE, NJ 07662-3015 Type Structure: ANTENNA TOWER The Federal Aviation Administration hereby acknowledges receipt of notice dated 01/11/91 cunceriiing the proposed construction or alteration contained herein. A study has been conducted under the provisions of Part 77 of the Federal Aviation Regulations to determine whether the proposed construction would be an obstruction to air navigation, whether it should be marked and lighted to enhance safety in air navigation, and whether supplemental notice of start and completion of construction is required to permit timely charting and notification to airmen. The findings of that study are as follows : The proposed construction would not exceed FAA obstruction standards and would not be a hazard to air navigation. Obstruction marking and lighting are not necessary. This determination expires on 08/13/92 unless application is made, (if subject to the licensing authority of the Federal Communications Commission) , to the FCC before that date, or it is otherwise extended, revised or terminated. If the structure is subject to the licensing authority of the FCC, a copy of this acknowledgement will be sent to that Agency. NOTICE IS REQUIRED ANYTIME THE PROJECT IS ABANDONED OR THE PROPOSAL IS MODIFIED SIGNEDx* % ` '' w.+ w"� ;- _ Specialist, Systems Management Branch Robert P. -Alexander (718) 553-1230/1228 ISSUED IN: Jamaica, New York ON 02/12/92 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �t g"'� + 0��,.�,1 Supervisor George Ritchie Latham, Jr. Richard G. Ward 1 Town Hall, 53095 Main Road Mark S. McDonald" P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD y MEMORANDUM . G TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman �0�.,�✓5 RE: Cellular Telephone Co. d/b/a Metro One SCTM # 1000-108-4-11. 3 DATE: July 22, 1992 In response to your recent request for Planning Board input, we have reviewe& the site plan. Our comments are as follows: The Planning Board is concerned about the aesthetic impact of the monopole on the residential neighborhood to the north. Also, the site plan is missing some required information. These elements of concern will be addressed during the Planning Board' s environmental and site plan review. IA -JUL ;Q 1992 i - - - - - ---- -- - -- -- - l71 Z/ - - 1 " � Allen M. bnith A Attorney and Counselor at Law 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 427-39 Riverhead, New York 11901 Fax (516) 727-3950 July 17 , 1992 0 L/ R .:UL 2 01992�� Honorable Gerard P. Goehringer Chairman V Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application No. 4022SE Dear Mr. Goehringer: I thank you for your letter undated and the enclosure therein (copies of which are enclosed for your reference) scheduling the above referenced for Wednesday, July 29, 1992 for 7 : 50 p.m. If the purpose of this hearing is limited to your Board's receipt of a copy of the Judgment signed by Justice Doyle and entered April 15, 1992 such that your Board confirms that "the criteria for a special exception approval pursuant to the Southold Zoning Code have been met and that the proposed radio tower is permitted pursuant to Section 100-31 (B) (a) of the Zoning Code of the Town of Southold" , I have no objection to the same. If the Notice is an attempt to reopen this application, I object to the same. The judgment is final between the parties and is dispositive of the Special Exception use on the basis of the record before the Court including all drawings, testimony, stipulations, etc. It is my client' s position that we are before your Board pursuant to the last decretal paragraph of the judgment to consider the height issue and the height issue only. The height issue and our exception to the hearing on the same has been the subject of earlier correspondence. truly yours. L&— Allen M. Smith AMS:TWS Enc. cc: Diane Amedeo William D. Moore, Esq. 0 0 O ,%IFF0(,�C APPEALS BOARD MEMBERS �% SCOTT L.HARRIS Gerard P. Goehringer,Chairman o 9` Supervisor Charles Grigonis,Jr. ti x e �� Town Hail,53095 Main Road Serge Doyen,J r O P.O.Box 1179 James rt A. it a ?J01 �,0� Southold,New York 11971 Robert A. Villa Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy; is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure 00 APPEALS BOARD MEMBERS g-�� fj SCOTT L.HARRIS Gerard P.Goehringer,Chairman �� L y Supervisor Charles Grigonis,Jr. U3 Town Hall,53095 Main Road Serge Doyen,Jr. _ `'" P.O.Box 1179 James Dinizio,Jr. Robert A.Villa -� ' Southold,New York 11971 Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 9, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Application(s) of Cellular One (Metro One) Interpretation, Variance for Height and Special Exception Dear Mr. Smith: As confirmed recently by the town attorney' s office, the appeal on the above Article 78 proceeding was not perfected within the time limitations. The Building Inspector has confirmed that his Notice of Disapproval concerning the need for an interpretation on the height issue is still in effect. Assuming that you wish to proceed with the Appeal on this interpretation request, we have calendared the applications for public hearings to be held on Wednesday evening, July 29, 1992, as well as the Special Exception concerning the use of the tower. The exact time of the hearing(s) will be confirmed within the next couple of days by way of a copy of the Legal Notice as published by us in the official newspaper (Long Island Traveler-Watchman) . Very truly yours, A _tt G EHRINGER CHAIRMAN Allen M. eSmith Attorney and Couts Ior at Law 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 727-3947 Riverhead, New York 11901 Fax (516) 727-3950 ib � U tll(en M. eSmith ! 3- i(u2 Attorney and Counselor at law _; yj 737 Roanoke Avenue, Post OFficc Box 1240 L_ Tel: (516) 724-3947 Riverhead, New York 11901 Fax (516) 727-3950 June 12, 1992 Mr. Gerard P. Goehringer Chairman Southold Board of Appeals 53095 Main Road Southold, New York 11971 Re: Cellular One (Metro One) Dear Mr. Goehringer: I am in receipt of your letter dated June 8, 1992 . Please be advised that there is no appeal pending from the judgment herein dated April 2 , 1992 and entered April 15, 1992 directing that this matter be restored to your calendar. Notice of entry was served on the Town Attorney April 17, 1992 . No notice of appeal was served within the allowable period. I respectfully submit that this matter should be considered by your Board as directed by the judgment. Very truly yours, Qa— Allen M. Smith AMS:TWS cc: Harvey Arnoff, Esq. William D. Moore, Esq. Michael Gerard S J J APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P.Goehringer,Chairman 1 Supervisor. Charles Grigonis,Jr, cin C Serge Doyen,Jr. yo Town Hall,53095 Main Road James Dinizio,Jr. '�y' -' 4r P.O.Box 1179 Robert A. Villa �� Southold,New York 11971 Telephone (516)765-180Fax (516)765-1823 9 Fax (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD INTERDEPARTMENTAL MEMORANDUM TO: Southold Town Planning Board 6 Attn: Bennett Orlowski, Jr. , Chairman 0 FROM: Board of AppealsJUL 179F� DATE: July 14, 1992 J $pUTNOlD TOWN SUBJECT: Pending Site Plan Reviews PLANNING BOARD Below is a list of new projects calendared for public hearings on July 29, 1992 which are pending jointly with your office and ours: Cellular Telephone Co. d/b/a Metro One (Interpretation and Variance, and Special Exception Permit) 1000-108-4-p/o 11 Linda Taggart (Lot size and setback variance; Special Permit) William Goodale and Mattituck Auto Center, Inc. (Special' Exception) Richard Goodale and Mattituck Auto Center, Inc. (Front yard landscape/buffer setback variance) Please feel free to submit a letter at this time indicating preferences or other suggestions for alternatives, if any, by the Planning Board under its site plan (or subdivision) regulations: We ask that this request be placed on your July 21, 1992 calendar in order that we may receive your comments by July 28, 1992. We are interested to know whether or not you have suggestions or alternatives to the general plan layout, as filed at this time. A representative from the Planning Board is always welcome to attend the ZBA hearing if you find it should become necessary. You may also prefer to stop in to review other information which may be filed with our office in the interim or speak with Linda, whichever is more convenient, before responding. Thank you for your cooperation in this coordination. lk APPEALS BOARD MEMBERS ��D SCOTT L.HARRIS Gerard P.Goehringer,Chairman Supervisor o _ Charles Grigonis,Jr. u' ¢ ' a ,,. ,,.� n, Town Hall,53095 Main Road Serge Doyen,Jr. r7 y` , �� P.O.Box 1179 James Dinizio,Jr. ''� +� Southold,New York 11971 Robert A. Villa `' '- Fax (516)765-1823 Telephone (516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 9, 1992 Allen M. Smith, Esq. 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Re: Application(s) of Cellular One (Metro One) Interpretation, Variance for Height and Special Exception Dear Mr. Smith: As confirmed recently by the town attorney' s office, the appeal on the above Article 78 proceeding was not perfected within the time limitations. The Building Inspector has confirmed that his Notice of Disapproval concerning the need for an interpretation on the height issue is still in effect. Assuming that you wish to proceed with the Appeal on this interpretation request, we have calendared the applications for public hearings to be held on Wednesday evening, July 29, 1992, as well as the Special Exception concerning the use of the tower. The exact time of the hearing(s) will be confirmed within the next couple of days by way of a copy of the Legal Notice as published by us in the official newspaper (Long Island Traveler-Watchman) . Very truly yours, AGERARD13.'02E HRINGER CHAIRMAN NUIICL• Ol'l/1•'AY GIVEN. NOTICE IS IIERI1B ortncrly of William J. Baxter and thcrs; County Tax Map Parcel ID t to Section 267 of the Town No. 1000-108-4-pert of 11. lion of the subject premises, from Pursuant wn i Law and the Code of the Toof 8:00 p.m. Appl. No. 4116 — Southold,the followresidential to non-residential. Loca- ing matters will tion of Property:North Side of Main s before dm LINDA '1'ACGAR'C '1'h,1's is an AP- be held for public hearing cal of the March 13, 1992 Notice Road (State Route 25),at Arshamo- SOUTBOLD TOWN BOARD wit of Disapproval issued by the Build- moque near Greenport, (shooing I APPEALS at the Southold Town ing Inspector under Article XIV, properties of Hollister's Restaurant, 11.11, 53095 Main Road.Southold, Section 100-142 and Article XXHI, Mill Creek Liquors, The Pottery New York 11971,on WEDNESDAY, Section 100-239.48 for approval or Place,etc.); County Tax Map Parcel JULY 29. 1992 commencing recognition of lot with a substandard Nos. 1000-56.4-24 and 19. 9:00 p.m. Appl. No. 4072 — folcovingtimes: I No. 4118 — size of 15,285 sq. ft., lot width Appl. No.4072 PpVARUJAN AND 7:32 P.m. APP L (I'rontagc) along the Main Road CLADYS 7.MILNL.Variance to Jtc 76.46 feet, and lot depth 125.0 feet. LINDA ARSLANYAN. Appeal of %ening Ordinance, Article XXIV, Al the time of transfer of title, the the November 26, 1991 Notice of Section 100-2448,and An XXll1, Disapproval of the Building Inspec- Property was located in the B-Light 239.48 for Permission to ton fora Variance to the Zoning 00. Or- Section 100- insuBusiness Zone. "Today, the property constNct deck aJdilion ins fficie- is located in the Light Industrial (LI) 239.4 e,Article isle X Section tion cicnt side yarJ setback, insufficient , 239AA and Article XXIV, Section g and Zone District. Location of Property: J setback from ez1stin bulkhead, 68320 Main Road, Greenpon; Map 100-2448, or Article III, Section with lot coverage at mom than 209 of Pee Bay -states Lot Nos. 185 100-32, for permission to construct of the code limitation. Location of and 186;County Tax Map Parcel 1D swimming pool and deck addition propeny:240 Knoll Circle,Last Mar- No. 1000-53-2-2. with insufficient sidcyard(s) and County Tax Map District 1000. g;15 p.m. No. 4117SL— with insufficient setback from sound ion; Block 5, Lot 15; Gar- bluff/bank along the Long Island Section 37, LINDA TAG prion rider A fortic a Diners IIay Estates LoI N°•31- Special Exception under Article Sound. Location of Property: 54455 7:37 P. Appt- No. 4115 — XIII, Section 100-1316, as refer- (North Side) of County Road 48, STEPHEN AND ELLA SCIIMIDT. enced from Article XIV, Section Gmcnpon; County 'Tax Map Parcel Variance to the Zoning Ordinance, 100-1410 for permission to estab- No. 1000-52-1-8. Article XXIV,Section 100-2448 for lish retail gift shop in this Light The Board of Appeals will at the permission to construct deck addition ( )• above time and place hear any and and setback Industrial LI Zone District. Loca- with an insufficient mar yard tion of Property: 68320 Main Road, all persons or representatives desir- at 340 IIay haven Lane, Greenport; Map of Peconic Bay ing to be heard concerning these "Map of Bay Haven" Lot No.Se_ Estates Lot Nos. 185 and 186;Coun- applications.Written comments may County 1'ax Map District 1000, ty Tax map Parcel ID No. 1000-53- also be submitted prior to the con- lion 088,Block 04,Lot 24. 2 2 elusion of the subject hearing. Each 7;40 p.m.c N°'4023—CLL- hearing will not Stan before the time CO. d/b/a 8:25 p.m. Appl. No. 4120 — LULAR T'- :1;1IONE WILLIAM GOODALE AND MAT'- designated above. For more infor- MGTRp ON 1.'11tis is an Appeal of TITUCK AUTO CENTER, INC. mation,please call 765-1809. J the March 14, 1991 Notice of Distill, Variance July 14, 1992. Variance X the Zoning Ordinance, roust issued by the Oil ing lnspc°' GERARD R GOGIiRINGER P Article XXI, Section 100-2128 for for for an linerpwtauon under Article relief from the front yard landscap- CHAIRMAN' XXW,Section 100-230 concerning a ing provisions of the zoning code. By Linda Kowalski Proposed 104 ft.height of a monopole 7442-ITJv 16 Location of Property: 7655 NYS structure for radio transmission, and a Route 25 (Main Road). Laurel, near in the altemall (appal Mattituck, NY; County Tax Map variance from the height restriction. Parcel No. 1000-122-06-30.1 (pmvi- Location of Property,( oust 30 side of Elijah's Lane and the Norther- Rout- 830 p.m. Appl. No. 41195E — ly Side of the Main Road shown to RICHARD GOODALE AND MAT- 25),Cutchoguc,NY; on TITUCK AUTO CENTER, INC. Plamimg Board subdivision-approvcJ now (Tenant). Special Exception to the map of May 15. 1990; j Baxter nd Zoning Ordinance Article X,Section or formerly of William a-IaarcehlD 100-1011)(12)for a permit authoriz.- Others; County Tax MIP ing: (a) a new car sales cstab- No.1000-108-4-partNo140225E— lishment; (b)an establishment of an 7:50 p.m. APP - accessory use incidental to the ro- T'LLEPHONL CO. t 7w ,a P CELLULAR t...,,., 1116/a MI3'1'RO ONE. Request for lur the sale .1111/or Icasc til' us. J V n, Ial Iln..rpii...I y'I'"'°.Y"°„l,. vehicles; (c)outside display of vehi- Anide VIII. section IW-Blls(l) �, ales, (d) accessory office use inci- and Article IB.Section 100-318(6) dental to the new principal use as a for an unmanned tcleeommuneon- new car sales establishment. Loca. tions building to an existing tion of Property: 7655 Main Road clef-block building and construe- (NYS Route 25), Laurel,near Matti- tion of a monopole radio tower with tuck, NY: Comity Tax Map Parecl antenna for transmitti°ovide cellular No. ]000-122-W-30.1 (prev.30). ing radio signals top io of 8:45 p.m.(Rcconvened from June telephone servicescstcrly tilde of 30, 1992) Appl. No. 4091 — EU- property: (NAIS) GENE M. LACOLLA. Variance to Elijah's Lane and the N0M1h-rly Side th'e Zoning Ordinance, Article III, of the Main Road (NYS Route 25). Section 100-31A and 13, requesting Cutchogue,NY;also shown on Plan- tl crrnission to change use of a per. ning Board "Indivisip0 -aPnI now ')map of May 15,1990;P Pc STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) CO-11-1:21- cc_ _ kL n of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for weeks successively, commencing on the (Q qday of 19-CIJ,7 — �� Principal Clerk Sworn to before me this ZO day of )vim_197/ CAhiERINE A.O'BRIEN Notary Public,State of Now Yak No.4966586 Cualified in Suffolk County 9 J Commission Expires May 14,1111!-6 w . p.m. Appl. No. 4022SE —CELLULAR TELEPHONE 8:30 p.m. Appl. No. 4119SE CO. d/b/a METRO ONE. Re- 'ii _ RICHARD GOODALE mitted prior to the conclusion of quest for Special Exception ap- AND MATTITUCK AUTO the subject hearing. Each hear- NOTICE proval under Article Vill, Sec- CENTER, INC. (Tenant). Ing will not. start before the OF HEARING tion 100-8113(l)and Article III, times designated above. For i Special Exception to the Zoning Section 100-31B(6) for an un- more information, please call NOTICE IS HEREBY Ordinance, Article X, Section manned telecommunications � 765-1809. building 100-1016(12) for a. permit GIVEN, pursuant to Sec[iory 8 in an existing concrete a a new car sales Dated: July 14, 1992. authorizing:267 of the Town taw and the, block building and construction g' GERARD H GOEHRINGER { establishment; (b)an establish- Code of the Town of Southold, of a monopole radio tower withri ment of an accessory use in- CHAIRMAN the following matters will be antenna for transmitting and cidental to the proposed new car By Linda Kowalski ' held for public hearings before I receiving radio signals to provideIX-7/16/92(6) the SOUTHOLD TOWN cellular telephone services. sales establishment for the sale -- BOARD OF APPEALS at the Location of Property: (#415) and/or lease la used vehicles;(c) v1 Southold Town Hall, 53095 ' Westerly side of Elijah's Lane outside display of vehicles, l to and the Norther) accessory rincieuseincidental w Main Road, Southold, New, Y Side of the the new principal use as a new York 11971, on WEDNESDAY, I Main Road (NYS Route 25), car sales establishment. Loca- U JULY 29, 1992 commencing at. Cu[chogue, NY; also shown on tion of Property: 7655 Main the following times: Planning Board subdivision- Road (NYS Route 25), Laurel, 7:32 p.m. Appl. No. 4118 — appproved map of May 15, near Mattituck, NY: County GLADYS J. MILNE. Variance• Tax Map Parcel No. 1000- to the Zoning Ordinance, Arti- 1990;property now or formerly 122-06-30.1 (prev. 30). cle XXIV, Section 100-244B; of William J.Baxter and Others; 8:45 p.m. (Reconvened from and Article XXIV, Section,10 County Pax Map Parcel ID No. June 30, 1992) Appl. No. 4091 100-239.4B for permission to 1000-108-4-part of 11. E M. LACOLLA. — construct deck addition with in- 8:00 p.m. Appl. No. 4116 — EUGENE sufficient side yard setback,in- LINDA TAGGART. This is anthe Zoning Or- i Variance to Article III, Section sufficient setback from existing Appeal of the March 13, 1992 100-31A and B, requesting per- bulkhead,and with lot coverage Notice of Disapproval issued by mission to change use of a por- I at more than 20% of the code the Building Inspector under s° tion of the subject premises, limitation. Location of Proper- Article XIV, Section 100-1421 from residential to non- ty: 240 Knoll Circle, East and Article XXIII, Section residential. location of Proper- Marion; County Tex Map 100-239.4B for approval or re North side ti Main open- I District 1000,Section 37,Block recognition of lot with a Route 25), a[ Ary R Road 5,Lot 15;Gardiners Bay Estates substandard size of 15,285 sq. (State(State Rue near Greenport, Lot No. 31. ft., lot width (frontage) along shamo(abutting properties of 7:37 p.m. Appl. No. 4115 - the Main Road 76.46 feet, and Hoister's Restaurant; Mill STEPHEN AND ELLA lot depth 125.O feet.At the time Creek Liquors, The Pottery/ll SCHMIDT. Variance to the of transfer of title,the property Place, etc.); County Tax Map Zoning Ordinance, Article was located in the B-Light Parcel Nos. 1000-564-24 and j XXIV, Section 100-244B for Business Zone. Today, the pro- Parcel os. 000-5Appl4-2 4 nd 9. 9. permission to construct deck ad- perry is located in the Light In- 9:0VARUJAN ANDNo'LINDA dition with an insufficient rear c dustrial (LI) Zone District. 1 ARSLANYAN. Appeal of A - yard setback at 340 Bay Have "( location of Property: 68320 he Lane, Southold, "Map of Bay Main Road,Greenport;Map of November 26, 1991 Notice of Peconic Ba E Disapproval of the Building In- Haven"Lot No.27;County Tex y states Lot Nos. i Spector for a Variance to the Map District 1000,Section 088, 185 and 186; County Tax Map Zoning Ordinance, Article Block 04, Lot 24. Parcel ID No. 1000-53-2-2. XXIII,Section 100-239.4A and 7:40 p.m. Appl. No. 4023 — 8:15 p.m.Appl.No.4117SE— Article XXIV,Section 100-24413, CELLULAR TELEPHONE LINDA TAGGART,Request for or Article III, Section 100-32, CO.d/b/a METRO ONE.This , a Special Exception under Ar.Inti for permission Section construct is an Appeal of the March 14, I ticle XIII, Section 100-13113, as swimming pool and deck tract 1991 Notice of Disapproval referenced from Article XIV, Section 100-141B for permission tion with insufficient sideyard(s) addi- issued by the Building Inspector p and with insufficient setback for an Interpretation under to establish retail gift shop in from sound bluff/bank along tide XXIII, Section 11ft. Pro 0230 this Light Industrial Zone concerning aproposed 104 ft. i District. Location of Property: the Long Island Sound. L.oca- height of a monopole structure 68320 Main Road, Greenport; for radio transmission, and in Map of Peconic Bay Estates Lot tion of Property: 54455(North q e alternative, appellant re- Y reenort; Count d Nos. 185 and 186; Count Tax Side) of County Road 48, G quests a variance from the Map Parcel ID No. 1000-53-2-2. p Y Tax Map height restriction. Location of 8:25 p.m. Appl. No. 4120 Parcel No. 1000-52-1-8. Propertv:0415)Westerly side ofWILLIAM GOODALE AND The Board of Appeals will at r MATTITUCK AUTO CEN- the above time and place hear Elijah's Lane and the Nor[her� ly Side of the Main Road(NYS TER,INC.Variance to the Zon- any and all persons or represen- Route 25),Cutchogue,NY;also ing Ordinance, Article XXI, tatives desiring to be heard con- shown on Planning Board Section 100-2126 for relief from cerning these applications.Writ. Subdivision-approved map of the front yard landscaping pro- ten comments may also be sub. May 15, 1990; property now or visions of the zoning code. _ formerly of Wiliam L Baxter Location of Property:7655 NYS.1a and Others; County Tax Map Route 25 (Main Road), L.aurelvv Parcel ID No. 1000-108-4 near Mattituck, NY; County part of 11. Tax Map Parcel No. 1000- 122-06-30.1 (previously 30). COUNTY OF SUFFOLK s: S'I'A'I'li OP NEW YORK Patricia Wood,- being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, 11.1%' been ,published in said Long Island Traveler-Watchman once cath week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks 7 successively, commencing on the . . . . . . . . . . . . . . . . . . n c, Sworn u, before me This . . . . . . . . . . . . el. . . . . . . clay of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Stxte of New York No. 4806846 Qualified in Suffolk Coynty Commission Expires` 31 11 ell APPEALS APPEALS BOARD MEMBERS {J� Oi SCOTT L.HARRIS Gerard P.Goehringer,Chairman o < Supervisor Charles Grigoms,Jr. w 1 x Serge Doyen,Jr. ,,. 1 n, Town Hall,53095 Main Road D James Dinizio,Jr. P.O.Box 1179 Robert A.Villa �1 ;' ` a Southold,New York 11971 Fax (516)765-1823 Telephone (516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Mailing List of Legal *ice for July 29 , 1992 HeAngs : Copies mailed 7/14/92. : Mr. and Mrs. R. Milne Mr. and Mrs. Stephen Schmidt P.O. Box 394 450 Bay Haven Lane East Marion, NY 11939-0394 Southold, NY 11971 Allen M. Smith, Esq. (Re: Cellular Telephone Co. ) 737 Roanoke Avenue P.O. Box 1240 Moore & Moore , Esqs . (Re : Cellular Tel . )Riverhead, NY 11901-1240 P .O . Box 23Mattituck , NY 11952 Mr. Merlon Wiggin, P.E. Mrs. Linda Taggart Peconic Associates, Inc. Box 249 P.O. Box 672 Southold, NY 11971 Greenport, NY 11944 J. Kevin McLaughlin, Esq. (Re: Goodale) P.O. Box 1210 1050 Youngs Avenue Southold, NY 11971 Charles R. Cuddy, Esq. (Re: Lacolla) P.O. Box 1547 180 Old Country Road Riverhead, NY 11901-1547 Mr. and Mrs. F.M. Flynn (Re: LaColla) P.O. Box 144 Southold, NY 11971 Mr. and Mrs. Varnjan Arslanyan Apt. PH-11 - South Building 1055 River Road Edgewater, NJ 07020 Mr. G. Townsend Smyser (Re: Arslanyan) 302 Prospect Street Ridgewood, NJ 07450 Mr. and Mrs. Richard Sherman (Re: Arslanyan) P.O. Box 1002 Southold, NY 11971 Mr. and Mrs. Wilbur C. Allcot 527 Paramus Road Paramus, NJ 07652 Mr. Robert H. Whelan, P.E. (Re: Arslanyan) P.O. Box 590 Mattituck, NY 11952-0590 Southold Town Boar(# Appeals 35 - Regular Meng July 12, 1991 ADDITIONAL APPLICATIONS TENTATIVELY SET FOR PUBLIC HEARING CALENDAR OF THURSDAY, AUGUST 15 , 1991 : ( 1) Appl. No. 4023. - CELLULAR TELEPHONE CO. Variance concerning height regulations for proposed tower at Elijah' s Lane, Mattituck. ( 2) Appl. No. 3958V - JOSEPH HARDY at Main Road, Mattituck. Hamlet Business Zone District. Variance for multiple relief as follows: (a) insufficient area for third dwelling unit; (b) variance to allow a principal dwelling use in an accessory building located at the rear of the premises (which was converted from an accessory garage building to a pet grooming use, and then to a dwelling unit, without town approvals for the conversions. ( 3 ) Appl. No. 4037 - METRO/808 REALTY. Variance concerning location of canopy structure in the front yard area with insufficient setbacks. Corner of Depot Lane and Main Road, Cutchogue. Subject to receiving Planning Board response noted below, befove re adrtising legal notice 9: 30 p.m. EXECUTION SESSION: Pending and proposed litigation matters were discussed: Tartan Oil Corp. - recent update by Francis J. Yakaboski concerning non-compliance/inactivity with outstanding conditions of stipulation. (Discussions only; no action was taken. ) There being no other business properly coming before the Board, the Chairman declared the meeting adjourned. The meeting adjourned at 9: 50 p.m. Respectfully submitted, Linda F. Kowalski Approved - September la , 1991 SCOTT L.HARRIS APPEALS BOARD MEMBERS ? k z Supervisor Gerard P.Goehringer,Chairman �/ Town Hall,53095 Main Road Charles Grigonis,Jr. P.O.Box 1179 Serge Doyen,Jr. Southold,New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax(516)765-1823 Robert A. Villa TOWN OFSOUTHOLD Telephone(516)765-1800 Telephone(516)765-1809 April 16, 1991 William D. Moore, Esq. Clause Commons Suite 3 , P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4022 - Cellular Telephone Co. Special Exception Dear Mr. Moore: Please find enclosed a copy of the Legal Notice confirming the hearing on the proposed uses within the existing building as an unmanned telecommunications building and for the proposed construction of the monopole radio tower with antenna, as applied in the Special Exception application. Also enclosed is a copy of the Board SEQRA (Unlisted Action) Declaration determined after review by the board members of the Long Environmental Assessment Form voluntarily furnished by you. The Board Members will, of course, be individually conducting field inspections and reviews as may be required during this process. At the Board' s request, the public hearing on the height variance/interpretation request was not, however, placed on this April 30, 1991 calendar. This being a two-fold application, �u the Board chose first to address the issues on the applicability or interpretation under the zoning code for the proposed uses before proceeding with the height application. The request for the height interpretation/variance immediatelyafollowingbthelaced on a date of the parate Board' s hearings calendar, decision on the Special Exception. Further notice will be sent to you at that time. Yours very rulu��j� (GERARD P. GOEHRINGER CHAIRMAN Enclosures APPEALS BOARD MEMBERS SCOTT L.HARRIS Ze €; Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. ;, Town Hall,53095 Main Road Serge Doyen,Jr. r,.,^ P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 SEQRA UNLISTED ACTION DECLARATION April 10 , 1991 Appeal No. 4023 Project Name: Cellular Telephone Co . , d/b/a Metro ONe County Tax Map No. 1000- 108-4-11 . 3 Location of Project: W/S Elijah ' s Lane , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Interpretation on height restriction for 104' high tower and if necessary , variance from height restriction . This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c.Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. ( ) this Board refers lead agency status to your agency since the . Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. ' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildin%s. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency. ) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. t r �� / a .r�7 -/- ��. -K //- y,/ APPEALS BOARD MEMBERS SCOTT L.HARRIS { Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. j7 i�J'' Town Hall,53095 Main Road Serge Doyen,Jr. 'i> f P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SO=OLD Telephone(516)765-1800 SEQRA UNLISTED ACTION DECLARATION April 10 , 1991 Appeal No. 4023 Project Name: Cellular Telephone Co . , d/b/a Metro ONe County Tax Map No. 1000- 108-4-11 . 3 Location of Project: W/S Elijah ' s Lane , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Interpretation on height restriction for 104' high tower and if necessary , variance from height restriction . This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c.Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the. Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency. ) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. t r PLANNING BOARD MEMBERSL. HARRIS Bennett Orlowski, Jr., Chairman Su ervisor George Ritchie Latham, Jr. Richard G. Ward + g Town Hall. 53095 Main Road Mark S. McDonald " "� P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 4, 1991 William D. Moore, Attorney at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, NY 11952 RE: Metro One site plan SCTM# 1000-108-4-11. 3 Dear Mr. Moore: The Planning Board has been notified of your application to the Board of Appeals for a Special Exception for a radio transmission tower with antenna and unmanned computer run equipment in an existing concrete block building. Until the Board of Appeals acts on your Special Exception request, the Planning Board must consider your application incomplete for the purpose of a SEQRA review. The Board will review other items in your site plan application simultaneously with the Board of Appeals review to insure the timely processing of your application. If you have any questions, or require further assistance please contact this office. Very truly yours, Bennett Orlowski Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals ✓ oc��Ef OLk�OG JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS �jf r'P Southold, New York 11971 MARRIAGE OFFICER y Fax (516) 765-1823 Telephone (516) 765-1801 1 ,Y. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: April 2, 1991 RE: Zoning Appeal No. 4023 (Variance & Interpretation) CELLULAR TELEPHONE CO. d/b/a METRO ONE Transmitted herewith is Zoning Appeal No. 4023 (Variance & Interpretation) - CELLULAR TELEPHONE CO. d/b/a METRO ONE, together with a copy of a letter from the Board of Appeals to William D. Moore dated March 20, 1991 , a copy of a letter from the Board of Appeals to William D. Moore dated March 4, 1991, the Notices to Adjacent Property Owners, the Notice of Disapproval from the Building Department dated March 14, 1991, the Notice of Disapproval from the Building Department dated March 13, 1991 , the Short Environmental Assessment Form, the Zoning Board of Appeals Questionnaire, a copy of the Certificate of Occupancy dated June 14, 1965, a copy of the Certificate of Occupancy dated August 18, 1961 , a copy of the deed, a copy of a disclosure statement for Cellular Telephone Co. , and a copy of a letter from Lynne Lorimer from Metro One.and a copy of detail site antenna layout plan. Judith T. Terry Town Clerk APPEALS BOARD MEMBERS ' SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. ; Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 20, 1991 William D. Moore, Esq. Clause Commons Suite 3, Box 23 Mattituck, NY 11952 Re: Application for Special Exception/Interpretation/Variance Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge receipt by our office of your recent three-fold application for: (1) a determination as to whether or not the structure and use as proposed meets the requirements for a Special Exception under the residential provisions of the Zoning Code, to wit: Section 100-31B of the Agricultural-Conservation Zone District, as referenced in Section 100-81B; (2) an Appeal for an Interpretation regarding appli- cability of the height restrictions for the proposed tower at a height of approximately 104 feet from ground level, and the question of an exemption under Section 100-2301); ( 3) and if a variance is deemed necessary, an appeal for relief concerning height of the tower as an alternative. Our office has also agreed to recommend a return of $200.00 which was applied toward the variance from the $500. 00 filing fee, after a public hearing under the appeal for the interpretation, if the Board should determine that such a variance was not necessary . Also, this letter should not be construed as a waiver of this board' s jurisdiction to determine whether or not this project is a use authorized in the Limited Business or Agricultural-Conservation Zone Districts. As you recall, our previous letter dated March 4, 1991 indicated that a telecommunications use is not listed as a permitted use, by Special Exception or otherwise, in the Limited Business or Agricultural-Conservation Zone Districts, and further reference was made to the principal uses, by Special Exception, listed under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area" as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of the Order, and if this Order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area" as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of the Order, and if this Order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk APPEALS BOARD MEMBERS ' �' SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. t Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 20, 1991 William D. Moore, Esq. Clause Commons Suite 3 , Box 23 Mattituck, NY 11952 Re: Application for Special Exception/Interpretation/Variance Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge receipt by our office of your recent three-fold application for: (1) a determination as to whether or not the structure and use as proposed meets the requirements for a Special Exception under the residential provisions of the Zoning Code, to wit: Section 100-31B of the Agricultural-Conservation Zone District, as referenced in Section 100-81B; (2) an Appeal for an Interpretation regarding appli- cability of the height restrictions for the proposed tower at a height of approximately 104 feet from ground level, and the question of an exemption under Section 100-230D; (3) and if a variance is deemed necessary, an appeal for relief concerning height of the tower as an alternative. Our office has also agreed to recommend a return of $200.00 which was applied toward the variance from the $500. 00 filing fee, after a public hearing under the appeal for the interpretation, if the Board should determine that such a variance was not necessary . Also, this filing should not be construed as a waiver of this board' s jurisdiction to determine whether or not this project is a use authorized in the Limited Business or Agricultural-Conservation Zone Districts. As you recall, our previous letter dated March 4, 1991 indicated that a telecommunications use is not listed as a permitted use, by Special Exception or otherwise, in the Limited Business or Agricultural-Conservation Zone Districts, and further reference was made to the principal uses, by Special Exception, listed under the Light Industrial Park/Planned Office Park LIO Zone District regulations of the zoning code. It is additionally noted under this preliminary review that you have furnished a copy of an Order issued April 18, 1985 by the N.Y.S. Public Service Commission to "operate a cellular radio system in the New York City Area as proof that the applicant is a public utility. Please elaborate furnishing additional evidence that the applicant is a public utility in the Town of Southold area, and furnish "Attachment I" which is referred to on Page 2 of the Order, and if this Order is not current, please furnish documents from the Public Service Commission which are in effect and which may apply in this project. This matter is expected to be heard on April 30, 1991. It is requested, however, that you file the above requested information by April 5, 1991 for distribution to the Board, review, and on-site inspections. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk APPEALS BOARD MEMBERS ' " SCOTT L.HARRIS Supervisor v : Gerard P.Goehtinger,Chairman Charles Grigonis,Jr. i ,,- Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. y Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 "T 3- 6_ ?l March 4, 1991 William D. Moore, Esq. Clause Commons Suite 3, Box 23 Mattituck, NY 11952 Re: Application for Special Exception Cellular Telephone Co. d/b/a Metro One Dear Mr. Moore: This letter will acknowledge review of your recent Special Exception application left with our office on February 22, 1991. It is our understanding that you do not wish to file the Special Exception application if there is a need for a variance concerning the height of the principal antenna building, which is at approximately 104 feet above average ground level, and that you are in the process of requesting a determination or Notice of Disapproval from the Building Inspector, which has not been furnished with the Special Exception documents. Pursuant to Article XXVI, Section 100-262 of the zoning code, we are returning your Special Exception application forms requesting telecommunications building (antenna) and change of principal use to permit telecommunications for the following reasons: a) Telecommunications is not a use permitted in the Limited Business or Agricultural-Conservation Zone Districts (see Light Industrial Park/Planned Office Park LIO Zone District regulations) ; b) a written determination by way of a Notice of Disapproval from the Building Inspector concerning conformance or nonconformance with the zoning code has not been furnished as i ,Pa4e 2 - March 4 , l(• �• To: William D. Moore, Esq. Re: Cellular Telephone Co. required in the filing of applications to the Board of Appeals, for either a Special Exception or Variance (please see instructions sheet with ZBA form packet and Article XXVI, Section 100-262A) ; c) a Notice of Disclosure for the applicant-corporation, Cellular Telephone Co. , must be provided; d) a Consent from the property owner authorizing the applicant-corporation( s) to file the subject application must be provided. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Building Department Planning Board TOWN OF SOUTHOLD, NEW-YORK APPEAL FROM DECISION OF BUILDING INSPACTOR �01 APPEAL NO. STDATE .............................. i nod i.,wn %:;arc TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Metro One 1, (We) .Ce.] Z.ulax...Te.leghone...Co......d/.b/.df ..G/.o...K QQr.Q...&..MQ.QXe.....P Name of Appellant Street and Number Mattituck ....NY.................HEREBY APPEAL TO ......................................M.......unici a.. lit.yS.P.... ................................... tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Wi 1.1. .dm...D.:...M.4.4 .......................................... Name of Applicant for permit of Clause Commons , Suite 3�....Mat. .t.ituck NY ............t............................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x > Building permit for telecommunications building with 104 foot monopole 1. LOCATION OF THE PROPERTY .>;7ijah..Iane,..MaktlkuCJ .......... ............. Street /Hamlet / Use District on Zoning Map District 1000 Section 10861ock 4 Lot ll Current Owner William J. Baxter & others . .........No. Lot No........................................................ . Ma P Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph If the Zoning Ordinance by number. Do not quote the Ordinance.) ArticleyiIi ; xX Siection 100-230; 100-82 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( Interpretation regarding applicability of section 100-230 4. PREVIOUS APPEAL A previous appeal (hcask(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance (x ) Interpretation of zoning ordinance is requested for the reason that proposed 104 foot monopole radio tower with antenna exceeds 35 foot height restriction for buildings . * Appellant seeks determination that proposed 124 foot monopole radio tower with antenna is exempt from height restriction pursuant to section 100-230 (D) . In the alternative, appellant requests a variance from the height restriction. Form zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because proposed structure is a public utility structure permitted by special exception of the zoning board of appeals . The proposed structure is inoperable and of no use if the tower cannot be constructed at the height proposed. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because no similar public utility use and structure is proposed or existing on the properties in the immediate vicinity of this property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because proposed structure will satisfy the need for reliable cellular telephone radio signal transmission as required by the ,Public Service Commission. The proposed structure will be located within a wooded area of the parcel , and all trees will remain on the property to provide natural screening of the structure to the extent possible. STATE OF NEW YORK ) ss &/j......g'y ...� COUNTY OF SUFFOLK ) Signat re Attorney for App cant i F Sworn to this S yam— ....................... 19�� ............... ............................. da of... ....C. ........ __L.............. 41 Notary Public WgIS r?AM HARRIS '.I t"Mary Puhiio,euro of tP r York La.52e r:6 a u8-Suffol county � Gam^,: _7 G.;:i:sa Ap9 30,1 1 J}ZI 1 475. 60 G e J}55 � ro 11 83.4 }791 u GAR Ln ' FFEL __ DV 11 31 ' 2.0' 01 "E 33.00 ERHEAp- WIRES I1 STORY FRAME } , ------- BARN GAR U FF EL N 32.50 _ '1 PROPOSED 100 NION MONOPOLE � GAR AREA - 804.95- S.F. - 30 FF EL REOD- u 1.848 ACRES ,��n 95 7 32.77 it SE3BpCK N PROPOSED UNMANNED .n� Z3 0.0-i� 5p� PROVIDE (2) 8.5E 20� GAR TELECOM. EQUIPMENT 'Y PARKING SPACES % ROOM IN EXIST. BLOCK FF EL 319 OLDS. « TY� 1�_ te2 33.0 o6 OPO 1 % U e C21.a�:o WIDS.Ge.TE PROPOSED 0 W D€ LB --� �y Q 1. - B - -�7� GRAVEL DRIVEWAY% Lp w ZONE PROPOSED 6.0� N16N 0. �,� •119 3 ,I SEE SECTION</5.A1% -1 t. CHAIN LINK PENCE `. -_ IINAMALL %EMC[TO CLEAR b -. axon.TAKES AS R[0�0.1 � � �� \\�\ ��—��— - ^ © 80©© o o m .JZ�-------J- f1''^JLu � go Ja �C - -- n w 1- .D ,ZA11 Z BLUESTONE J�2 ��PO 488. 05 1 £ S87e55112"W CONC DRIVEWAY The N.Y.s. Environmental Quality Review Act requires submission of this form, and an environmental review will before any action is taken. be Made Ly this Board 0. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the prenarer will use currently available project and information concerning the the likely impacts o£ the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- ` nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is project is not significant, likely that the (d) Environmental Assessment 1. Will project result in a large physical change ' to the project site or physically alter more than 10 acres of land? _Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large- impact on groundwater quality? Yes _�No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered Plant or animal species? -_Yes X No 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes _.X._No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes X No - 10. Will project have a major effect on existing or future recreational opportunities? - _Yes _.,._No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes -.2L-No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? —Yes _Z_No 13. Will project have any impact on public health or safety? _Yes `No 14. Will project affect the existing community by -' directly causing a growth in permanent popula- tion Of more than 5 percent over none-year period or have a major negative effect on the _Y°s x No character of the community or neighborhood? 15. Is therepublic project? ersy concerning the . _Yes �No preparer-s Signature: 29 -A° 0/7nting: Cellular Tele hone Co. d/b/a Metro One 3-15-91 is D ,14•16-4(21871—Text 12 PROJECT I.O.NUMBER 617.21 k SEQ R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANTISPONSOR 2. PROJECT NAME Cellular Telephone Co, d/b/a Metro On Site 228 . 1. 3 J. PROJECT LOCATION: Municipality Town of Southold county Suffolk a. PRECISE LOCATION(Street address and road intersections,prominent landmarks,ata,or provide map( Northwest corner of intersection of Elijah Lane and State Route 25 Suffolk County Tax Map #1000-108-4-11. 3 5. IS PROPOSED ACTION: New ❑Expansion ❑ModiflcatloMalteration 6. DESCRIBE PROJECT BRIEFLY: Redonstruction of existing one story concrete block building for use as unmanned telecommunications equipment room and construction of 104 foot high monopole radio tower with antenna. 7. AMOUNT OF LAND AFFECTED: Initially 2 acres Ultimately 2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ®Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 7cz t Residential ❑Industrial Describe., 33 EFAgriculture ❑Park/ForestiOpen space ❑Omer South of proposed site predominantly agricultural use. Abandoned auto repair shop abuts premises. North and east of property, land use is residential and agricultural. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ®Yes ❑NO If yes,list agency($)and permittapprovals Southold Town Planning Board - Site Plan Suffolk County Planning, F.C.C. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yea,list agency name and permit/apinoval 12. ASA RESULT OF PROPOSED ACTION WILL E%ISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE LSIgnalure: licantlspon r m lul Tele hone Co. d b a etro One Date: Attorney for A licant =theCaoc.ti.or is in the Coastal Area, and you are a state agency, cl Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) 0 ! QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) William J. Baxter. Jr. Robert A. Goeller , Jr. Patricia Baxter Cellular m lephone Co. d/b/a Jane Goeller Metro One (tanant) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { ) Yes { X) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( ) Yes {X) No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? n/a 3. Is the property bulkheaded between the wetlands area and the upland building area? n/a 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? n/a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? no If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? P/Y If yes, please explain where or submit copies of deeds. x wy ��l, tai 57OZ I. Please list present use or operations conducted at this parcel existing barn used for storage and proposed use telecommunications bulicing wi antenna. Attorney for Applicant A zed Sig ature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6.6-84 by L.L. No. 6.1984] WETLANDS [Amended 8-26-76 by L.L. No.2-1976; 3-26- 85 by L.L. No.6-1985]: 7 Ajr TIDAL WETLANDS: v (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-25-e5 N TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. ....r.....a7Z....... Date .............................J.11"....14........ 19.45. THIS CERTIFIES that the building located at ..Main-Rd..&..E].1.j3hts-la................ Street Map No. ..3.7X............ Block No. .........XXX...... Lot No. ..XX.........Matt1•tU4k.9.....N,X.............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ..........................................Feb......9.:...... 19.6,5.. pursuant to which Building Permit No. 2632--Z. dated ..............................Feb.....U.......... 19..65.,was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is ........ SusJmass-building.............................................................................................................. The certificate is issued to .....Wm.Bnx er..Jr..&..AtheTB...................QvmexA............................ (owner, lessee or tenant) of the aforesaid building. Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT — TOWN CLERWS OFFICE SOUTHOLD. N. Y. is !; CERTIFICATE OF OCCUPANCY - - - No. .Z...1144.......... Date .......... ................... 'a....... 19.61 Nattituck THIS CERTIFIES that the building located at RUJAWA..LA. ..&. Ak.... 5.•...... Street MapNo. ....t**............ Block No. ...........eie.....Lot .40. ..........e**.................................... ............... conforms Substantially to the Application for Building Permit heretofore filed in this office Z 1417 dated ............Kay...,Z.3....................... 19..61 Pursuant to which Building Permit No. .................... dated .......... KAY...3.6................ ........ 19.61.., was issued. and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate Is BUSIBBSS .BUILDING ........................................ issuedis ....... ................................... ... ... .... ............................ ..... ........... iWilliam J. Baxter, Jr. , & Jane P. Gol , This certificate )s issued to ............................ ..................................... ................................ ler .... .. owners. ..... (owner, lessee or tenant) of the aforesaid building. Building Inspe r rrsaws,r.w—Saar.ws.ra.K.mrr a.rr.aw—t.r.te.t waw ,.. COMM TOM tAWTU � MWW*oma wiTaollfttr—uta 111/TeW IT LWV= tax G.a L R.a_LZ._.,, U04980 Q/rf, THIS INOINT M made the /� day of . nineteen hundred and sitiy�- to j / EtTWQNPfiOC► cor�Oration c/o 57 Park Avenue, Bay Shore,, ' ' i New Tork j D _' _ n+k Jr. N.Y. party of the first part, and WILLIAM J. BAXTER, residing at 22" paUWr,Ar+, New lloatioll and JANE P. GORT-LER, Birch Lane, Greenwich, Conn. Recorded on May 2, 1951 in Liber 4980 at page 507 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improv�raents thereon erected - - situate, lying and being in the Hamlet of Mattituck, in the Town of Southold, County o� Suffolk and State if New York, bounded and described as followst BEGINNING at a monument set in the ground at the intersection of the northerly line of Main State Rodd, with the westerly lire of Elijah's Lane; running THFACE along the said northerly line of Main State Road north 8L degrees 45 minutes Lao seconds west 395.3E feet to' s monument set in the ground at an angle in said line of Main State Roadl I THENCE still along said northeCly line of Main State Road north 85 degrees 36 minutes 30 sr rods west 31.49 feet to the easterly line of land of John J. McManus; �TH9((;E along land of ssid .hr. ,i . McManus, north 1? iegrees 07 m'nu:.es 00 seconds I ( west ldl./9 feet to the southerly line of :a• d of Martin Villa; HENCE along said southerly line of land of Martin Filla north 77 depress 06 minutes W seconds east 357.46 feet to a monument set in the around on the westerly line of Elijah 's Lane; and TFyNCE Along the westerly line of Elijah Is LAne south 25 de�:rees 09 minites 10 seconds east 320.50 feet to the point or place of beginning. u kL TOGETHER with all right, title and interest, if any, of the .. party of the first part In and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the e appurtenances and all the estate and rights of the party of the first part in and to said premises; e TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs 0 or successors and assigns of the party of the second part forever. 14 016 ANDthe party of the first part covenants that the party of the first part has not done or suffered any- thing whereby the said premises have been encumbered in any way whatever, except as aforesaid AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the part of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word "party" shall be construed as if it read "parties" whenever the sense of this indsedweO,' requires. r. . IN WITNESS WNEREOIs, the party of the first part has duly executed this deed the above written. IN rasamxts or: ' S r t3 t PROC.AN, INC. ;a� <M Y.�. • • it .tSy �4 b v Harr ,ant,or, vice– �rJ�. COPY Srandard N.Y.B.T.U.Form 8007.7.70-20M—Barpm and Sale Deed.with Covenant again.,Glamor'.Acu—Individml of Corporation. CONSULT YOUR LAWYER go SIONIPCfHIS INSTRUMQIT-THIS RISTRU4W SHOULI jE USED BY LAWYERS ONLY. TM INDFNTUM made the 2nd day of April nineteen hundred and aeVenty-Cme BETWEEN X16= j, BAZ' , JB., residing at 31 Mohegan R004,14=h2lont, New York 10538 party of the first part, and . P his wife, residing at 31 Megan d 1622"03FICIOD'159 now zorks rnd JAILS P& C I ",ISR, hia wile, residing at Birch Lane no , ;.ec_is , onuec outo party of the second part, ME mad 00/ WITNESSETH, that the party of the first part, in consideration of dollars, lawful money of the United States, and other good and Valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituok, in the Taws of Southold, County of Suffolk and State of NOW York, bounded and described ae f011owst IIE mm at a concrete mOMMOnt, set in the ground an the Northerly line of the Main or State Road, Said monuraMt being located 426.87 feet; Westerly frau the Westerly line of -niijah's Lane, as the same intersects the said Northerly side or line of Clain Or State RMAI running thence along the Northerly line of said Main or State Road, North 85° 36' 30" Weet 60.0 feet; to a corcro" MMULant Set in the ground and being the Easterly lino of land forsterly owned by Clarence Tuthill and Ralph Tuthill; -.-=nirg thence Northerly and along Said land formcerly of Clarence rl"Utbill and Ralph Tuthill North 20. 44' 00" West 164.41 feet to a Concrete monuraant set in the ground{ roaming thenoe Easterly and still along land formerly Of Clarence Tuthill and Ralph Tuthill Horth 77" 06' 00" Zest 60 feet to a Concrete monument set in the ground and land now or formerly of William L. Strickland= ==jng thence Southerly and along the Westerly line of land now or formerly of said William L. Strickland South 19' 09' 00" Fast 181.79 feet to a concrete aonnmemt set in the • said point being the Northerly line of said Bain or state goed, the point or place of BPAl"I XAO. BEING AND INTENDED TO BE the ssms premises as conveyed to the party of the first part by deed dated November 41 1970 and recorded in the Suffolk County Clerk' s Office in Liber 6848 op 597• E TOGETHER with all 4title ac.nterest, if any, of the party of Ofirst par t and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and tTOGETHER said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part lus not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first partwill receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this inderture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OP: azter, Jr. 'AOFKffWTO1&COVKTT0F =W us STATS OF NEW TORR,qW OF as ,a the 2nd dRof Ap r_i_l 1971, before me On the day of 19 , before me e/ersonaUy came yW1TiI+7/lS J. 1UXT'8R_ JR4 personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. OEM a STATE OF NEW TORR.COUNTY OF RR: STATS OF NEW TORR,COUNTY OF u: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of of , the corporation described , the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said Corpora- tion, and that he signed h name thereto by like order. tion, and that he signed h name thereto by like order. jacgain aab bate 36Ceb SECTION WITH COVENANT AGAINST GRANTOR'S ACIs BLOCK TITLE NO. Lor COUNTY OR TOWN SOU"MD Wn=o J. 1lJZFml J8. ,r TO VnM M J. BAXM* JE. and PAMCIA R.=Rt HOMO A. JR* Md Recorded At Requen at The Title Guerentee COmpauT JAM pe GCKUM" RETURN BY MAIL To: STANDARD FORM 01 NEW YORK WARD OF Tar UNDERWRITERS J•• �� (fit �-�.+.. D,.bt,nd bJ Wi111ar,1 Wiokbamll Eoqo THE TITLE GUARANTEE COMPANY rasin RoadLattitnek, Now York 11952 Is Zip No. W V_ M O a K Q y ez Y - A 5 1� n r 1'r DVto V., ou. . ..-. CONSULT YOUR LAWYER{ SIONINr_'HIS INSTRUMENT — THIS IN I NT SX(rl Rt USED EY LAWYERS ONLY. 1O ' ee�� LIBER6639 PEE536 THIS MENTURE, made the 10th day of 0 e t ob a :r, nineteen hundred and sixty-nine, BETWEEN MARTIN FILIA, residing at Mattituck, Town of Southold, 1• '`"1•T:L"^1i 1•I irvl.I 0) Suffolk County, New York, - �� NZI T. , _ : SIT,z-;�;j:=?T�; -•(�I•�T•'-:t_-:Z�:='T, -'T;=•T��-..` party of the first part.and WILLIAM J. BAXTER, JR. and PATRICIA BAXTER, his � ? wife, as tenants by the entirety, holding a one-half undivided 1 interest, both residing at Nassau Point Road, Cutchogue, New York, and ROBERT A. GOELLER� 'nd JANE P. GOELLER, his wife, as tenants `b! by the entirety, holding a one-half undivided interest, both re- #4 at Haywaters Road, Nassau Point, Suffolk County, New York, V � 11 party of the second part, WITNESSETH, that the party of the first part• in consideration of Ten and 00/100 . . . . . , . . . . . . . . . . . ($10.00) . . . . . . . . . . . . dollars, other lawful stoney of the United States, and/good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or I: successors and assigns of the party of the second part forever. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected• situate, lying and beingk3am at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly line of Elijah' s Lane distant 320. 50 feet northerly from a monument at the intersection of the westerly line of Elijah' s Lane and the northerly line of Main Road; THENCE from said point of beginning the following seven (7) courses and distances : 1. South 770 06' 00' West 417.46 feet along lands of William J. Baxter, Jr. , et ano. , and McManus to a monument; 2. South 200 44' 00" East 164.41 feet along said lands of McManus to a monument situate onthe northerly line of Main Road; 3. North 850 30' 40" West 69. 74 feet along the northerly line of Main Road to lands now or formerly of Joseph Neville; 4. North 230 08 ' 10" West along said last mentioned lands 161.95 feet to a port and lands now or formerly of Anjef Associates, Inc. ; 5. North 23° 52' 10" West along said last mentioned land 101.47 feet to the northwest corner of the premises herein described; 6. North 70° 30' 50" East 475.60 feet along lands of Anjef Associates, Inc. , and Maston to a pipe situate on the west- erly line of Elijah' s Lane at the northeast corner of the premises herein described; 7. Thence South 25° 09' 10" East along said westerlyline of Elijah' s Lane 175. 50 feet to the monument at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises and more conveyed to Martin Fills by deed from Ralph W. Tuthill and Laura F. Tuthill his wife, dated September 7, 1954, and recorded September 8, 1954, in the Office of the Clerk of the County of Suffdk, in Liber 3754 cp 249. (_Z6639 w537 TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. d b AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any tray whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Lav, covenants that the party of the first-part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties' whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN aESENCE of Martin Fella t PAGE 538 • ry STATE OF NEW YORK, COUNTY OF SUFFOLK sc: STATE OF NEW YORK, COUNTY OF ss On'the 10th day of f9 e t o b e r 19 69 , before me On the day of 19 before me personally came MARTIN FILLA personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the for enc, and ac ge ar executed the foregoing instrument, and acknowledged that he exec t me. \ executed the same. RICHARO I.CRON Notary pcb!ic a the.Sit; Coauty tate of N.Y. No.52 RE:B'n-Sues Mar.30,1' qp I't7 ComtSa.00 Ec; STATE OF-NEW YORK, COUNTY OF ss.: STATE OF NEW YORK, COUNTY OF ss.: On the day of 19 before me On the day of 19 before me personally came personally came to me known,who,being by me duly sworn,did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of the corporation described that he knows in and which executed the f9Fegoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed IT name thereto by like order. at the same time subscribed h name as witness thereto. U D 71 argailt cattb Oak Dreb SF.CT'ION a w With CovenantAgainsts Aggainst Grantor' Acts BLOCK H Title NO. 3S y4pQ LOT D+ MARTIN FILLA f.OU\TY OR TOWN a TO i WILLIAM J. BAXTER, JR. and ux, and Rererded At neq.erl of ROBERT A. GOELLER and ux INTER-COUNTY Title Guaranty and Mortgage Company RETURN BY HAIL TO STANDARD FORM OF flew YORK IOARD OF TDIT tmDOMMUTIRS DtNi6md W INTER-COUNTY TITLE GUARANTY William Wickham, Esq. and 31ORTGAGE COMPANY Main Road CHARTERED 1927ff ff IN NEW YORK Mattituck, N. Y. 11952 �(y�n 7.Ip Ye. ' V W \ P"ORDED OCT 14 1969 2 ,0 LESTER M. ALBERTSON Clark Of Suffolk COgnty DISCLOSCRE STATEME,"M Cellular Telephone Company a New York Genera' Partnership 1. Cellular System, Inc. (50%) address 29 West 57th Street New York, NY 10019 2 . LIri Cellular Communications, Inc. (50%) address 1370 Avenue Of The Americas New York Naw York LgQia cellular System Inc 1. LIN Cellular Corporation (86. 15%) L Cellular Comm Corp address 1370 Avenue of Americas wholly owned subsidiary New York, New York 10019 of LIN Broadcasting Corp. 1370 Avenue Of Americas New York, New York (10019) 2 . Remaining entity (les) (10% interest or greater) address (es) None LTN BROADCASTING CORP 1.MCCaw Cellular Comm(52%) 5400 Carillon Point Kirkland, Wash. 98033 2.Remaining entity (ies) (10% or greater interest) address (es) None _ McCaw Cellular Ca^ nzn a `on Inc List holders ( and addresses) of 10% or more interest. 1. Holder:Craig o. McCaw address: 5400 Carillon Pt. Kirkland, WA 98033 (71%) 2 . Holder: BT USA address: 1100 N. Market St. suite 780 Wilmington, DE 19890 (20�) '4� V f��.�,� JWAa Wk1ill' 9IY/ *VAV* ,January 21 , 199]. Southhold 'I'owrr Zoning Boar(, of Appnalr, Southold Town Hall Main Road Southold , N. V . 119'11 Southold `Down Plannlnq Ro,ard Southold Town Hell Mnin Road Southold , N . Y _ 11.971 RE= Metro Ont Dear Ladio&/Gent .Lemen ' The undersigned , on behalf of Metro One , herahy authorizes the law firm of Moore & Mooro t:o :submit any Applications and supporting; document;, which may be necest-.ar, y for approval of Proposed telecommunications facilities and structures in rhe mown of Soiit.hnl.d. sincerely , i Lvnne Lorimer_ Roal Estate ConeultanL Metro on(, 365 West Passaic Street, Hochaile Park, Now Jersey 07662-3015 • (201) 587-7886 ?Cii_i ' �riN.a 3Ii-_ .-i 1911 Dl.._:,., _1 ._.S c i I T , 33J �d►yy ,*A�0 i tei '!030E.PU1NAM.AVENJE,GREENWICP,CONN.06830 (203)637.4559 A WORLD ECONOMIC SERVICE SERVING INVESTORS SSNCE 1924 March 12, 1991 Southold Town Zoning Board of Appeals Southold Town Hal'_ Main Road Southold, NY 11971 Southold Town Planing Board Southold Town Hall Main Road Southold, NY 11971 Dear Ladies/Gentlemen: The undersigned, as owner and on behalf of the owners, authorizes Metro One as a tenant of our property and the law firm of Moore & Moore as attorneys for Metro One to submit any applications and supporting documents which may be necessary for approval of proposed public utility telecommunications facilities and structures (antenna) on our property cn Elijah Lane, Mattituck in the Town of Southold. Very tru j Tours, William J.6Baxter WJB: rs . R—Bo j I A—C — II r 1 40 f I, -IT R-80 R-EO • LB A_C II f 4 0 � I —80 °••o % ! A_C e < `40 I�, '� � '�' Creek : n_C % R �ET.eD D�I/E- e --4•� : .. 17T 41 1, DECLINATION v ; •:A ' 1 ;.STORY 'FRAME '$ 130tWEST )�� m•, BARN =� 1�7 ...4.>PSP.:.: .' ,ir5n4 y sq;•}yc{Aj'µ... a-�' _. Lo ANT.CABLES IN 2-6"COND. - ',. UNDERGROUND. (V j q ,. EXISTING PORTION OF BUILDING TO BE DEMOLISHED. - ... {PROPOSED 100' HIGH _ 69'- " d pMONOPOLE s2 } (SEE DETAIL 3/S11 A _ 14F PROVIDE GRAVEL MULCH g 2 •JJ lo. O -"�" -ROOM ENTRANCE DOOR Y1 '-- -�- ALL OVER FENCED AREA PROVIDE(2) 8.5'920, as PARKING SPACES(SEEDETAIL-I/S-C) "r O PROPOSED UNMANNED I4'- - PROPOSED CHAIN LINK FENCE i, t TELECOM EQUIPMENT q �P W-0"HIGH(SEE DETAIL-8/SI) RDOM IN EXIST. I-STY. 13�• 3` BLK.BLDG. -I PROPOSED IOFT WIDE . • d 0 '� 1li - GRAVEL DRIVEWAY(aTDET4ty5-t .m0 6.5 8.5' 3� BRIARS 32&ea •4. .PROPOSED BFT. HIGH - A'•y, CHAIN LINK FENCE ENCLOSURE(SEE n -�'. 'O DETAIL 8/SU t LJ S m'. a�l"'"} . C,:)o �� ¢ 1'n PRQVIDE 2-5'-ONW. St••17 .� g EXIST.UT ITY_- ., SWING GATE' \1✓i 3r� YY POLE. o.m 9 al 3-------------- --- •- ---- �a 4.. w ^A t, 3�a6 P2 •* sis0ks. , .-.. t EpXI yP + NEWPowERSTELECOM.LMESJNSEPARATE DLu TONE P;, I CONDUIT UNDERGROUND. DRIVEWAY ' "GONG ' ------ 115 •Y V. *f NOTE. z, 1 . x. " NO fkEE diT G ALLOWED IN THIS SITE. ,. REFS "tTq I/5-I, I/5-24 I/5.9 112T4J For - EXIST ` t= FSITE PI.rPN INFUQPI MdTIO . �' ( 't z �+•' 'A 1 , 1 STORY BLOCK a t BUILDING 4 .�0 ti 20 +• 40 60 80 7�`u ° L°. �ir�,,•, `1`'� i, 7{ t7��ia - ��{ �•-t• 5 t ®ETAIL , SITE/ANTENNA LAYOUT PLAN SCRLE:' ;n, 20' •',.y Y F Y.t"''.. � Rr � "� `}� { i ,��,�j.j1�.1NUYtloiii niffndNi�G. � �f 13 ek a S { r a`• �.yr .-.— Ain rw"eN ronraN w nu �y tri,•; ' NOTE: r: ^7lte .. ' :..• . . - . ! 'n �!" 13 A (Y''0•. f .SOIL BEARFl BEARING 0 PACITY MUST DE DETERMINED AND CNGINEERED ? WITH MONOPOLE TOWER FOUNDATION, .� PRIbRTO COMMEWCEMENTOFANY t(r`t!J COn !RiEr;Ni.ru . '.�Y�'r,'("±.44,'_'r*(:T1-.•.�R'yI.roi•iNi(r w 7+;�. ,':;C,1'r9•r 2S�" ^CNA- o,+ UtA :WORK ZS, TAriw ,AP GRADE r ou CnnC 1r4 r SPAT •r"'AA., r u CONCRET 3.000 P E r121 I ; vwrmGw i IN, 3..�'?i`}•r A roar ..�,f .2 I. .a n N r -. .rw rn... .. i t torr •• 9 + „ - iN .1! Ma >•,'e %��••. �`� fir' �,, � HARVEY A. ARNOFF� �f " Gy< SCOTT L. HARRIS Town Attomeyy Z Supervisor MATTHEW G. KIERNANTown Hall, 53095 Main Road Assistant Town Attomey 'Q( _ �0� P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals FROM: Matthew G. Kiernan, Assistant Town Attorney M G K DATE: February 21, 1992 RE: Cellular Telephone v. Town of Southold Annexed hereto, please find a copy of the decision rendered by Judge Doyle which granted the petition in the above-referenced matter. Please be advised, however, that petitioners will have to submit a judgment before this decision becomes valid. Should you have any questions, or if you would like to discuss this matter further, please feel free to contact me. cc: Town Board. r i - -_.- = IWE ►per.+�� • t A • ISO um go, 1p WAF 1 n'o TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET // VILALAGEDISST. SUB. LOT a FORMER OWNER ��{ 014- N ACR, r S W; TYPE OF BUILDI 1 y __ � • �`' / Yf - �' � )[L 'L S�l�� RES. / SEAS. VL, FARM-p' COMM. CB. MIC Mkt. Value LAND/ IMP. TOTAL DATE REMARKS - /300 I. 0 U $' � 0 0060 p � �i a�6 �- L ��?-)9 9;5L - ►)u -lo an>4i- CDO v 4 1 i C1 m-hr zE r -AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE ' FARM Acre Value Per Value Acre x _—_ Tillable = FRONTAGE ON WATER /9 ® /b 1970 _.. -- --._. - _. _ — r Woodland FRONTAGE ON ROAD _-E �, ` `fes e c , A ,At h4euse Plot - BULKHEAD a Total - 4 ' 1 DOCK `:'.. ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■�■■■■■■■■■■■■■MEN■■■■■■■■■■■ ■■ ■■■■■■■■■■■■=MEN■■■■■■■■■■■ ■�■■■■■■■■■■■■■■MEN■■�-■■■■■■■ ■_.......�..a■.■J■■■■■■ ■■■■■■ ■■■I�iiiiiiiiiiii■■■■■■■■■1�■■■■s■ ■■R911■■■d■ ■■I■■■■■■■■■■■■■■■■■ a ■w0111■■©■■I�■■I11i■■■■■■■w■w■■■■■ :,u �. r. :. :b� �;`t� �: ■i■ww�l■■■■■I�■wig■■■■■■■■■■■■■w■■ losm ■■■�I■■■■■fill■It■■■■■■■■■■■■■■■■ ■■■■■■■■■■w■■■■■■■■ON ■ No t ■■■■■■■■■� ■■■■■■■■■■■■■��■■■■■ ■■■■■■ ■■i■w■■■■■■■■■■■■■■■■■■■■�■■■■■■■ ■■■■■■■■■■■■■■■■■■■mom ■■■■■■■■ -- ■■■■■■■■■w■■■■■■■■■■■■■■■■■■■ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOTQ-t / ,rte &FORMER ANER (� p N , _ E ACR. otLi a 3� V S W TYPE OF BUILDING RES. SEAS. L/Q _FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS X76 - - ' oc� o ✓ � y7 a - - " q on. pp OD 4 1Z 4 2 _ P 1 ar F S Cti.- U �v 17 y cp Onl.l�iK� ' l��if" �GC712 h/ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE I' FARM Acre Value Per Value Acreb Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK r e c 6 _ _ _ o TOWN OF SOUTHOLD PROPERTY RECORD CARD � OWNER STREET VILLAGE DISTRICT —•Sd$-1— LOT . �rTIt( / : /r FORMER OWNER Nl t.,'( (_ ECACREAGE I S TYPE OF BUILDIN RES. �Z$ SEAS. VL. I LAND r n COMM. I IND. CB. I MISC. Est. Mkt. Vc I IMPFARM. TOTAL DATE REMARKS ' 0 00 000 3 Baa ooco) 00j- 113co6 yoo / Z7 oa 1 Od Q 37 Z z5�o , . L7u �. Z ♦c AGE BUILDING CON ITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 G `' OR Tillable2 - BId61E�iEADG Tillable 3 DOCK 4�O p D Woodland Swampland rwKa 7 r ..�. 1 ?r i. oa, /6 Brushland _ _ „� 1 House Plot Total ` 17 IS•'ky rti` t' a ti � r.d.'�::u3,rr`� t�• N r. , ",r t1t�.�`�.-, � v y. ,C :: J i i r 1 f I t`i M. Bldg. 1�d / �p = � �06 ` rf69p Foundation Cwt Both Q Extension d b �� J•$5Basement $L Floors LIT IT, I Extension — Ext. Walls f: Interior Finish a CA j Extension Fire Place Heat Porch Roof Type a:•`' Porch Rooms lst Flocr 4' Breezeway Patio Rooms 2nd Flocr Garage Driveway Dormer O. B. a d ,`Y w....,,,., -- - -- - - - - r,.,., 0 ryr M1 Y's •.I.I Q.: .x i P j4 is, p J op?o r f •�•M.1 1c r' .I t CE � 13 25 �l,rY.l HAIR P= ser, r� a-w.00r. —LI .' �oo ]i ii�Z`o"o\ I °�0 Z i]ssZ:o opo • RD. LII f PEERPDRT SL ILI ., nA BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Cellular Telephone Co. d/b/a Metro One NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance ena xcepti ($ CD6kRezcai¢) (Other) [circle choice] and interpretation of zoning ordinance ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Suffolk County Tax Map #1000-108-4-11. 3 Lane northwest of intersection of Elijah' G Lane and 3. That the property which is the subject of such Petition is located in the following zoning district: J Limited Business (LB) 4 That by such Petition, the undersigned will request the following relief: approval of a public uti 1 i i-IZ qtnirtjjrrijnq p£ an ,%A }',Pi �7•innc hili lrlinn t„q be IOCat®d in existing small concrete block building together with a 104 foot high monopole radio tower antenna to provide cellular telephone radio communication. S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 1 nn-at fRl (11 ; 100-230_ (D1 ; 100-82 , [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof,a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there exarnine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matti tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 15, 1991 Petitioner Cellular Telephone Co. d/b/a Metro One Owners ' Names : c/o Moore & Moore Post Office Address Clause Commons, Suite 3, P.O. Box 23 Mattituck, NY 11952 Tel . No. (516 ) 298-5674 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Sonja C. Hunter 30 Perna Lane, Riverside, CT 06878 Mr. & Mrs . Josepo, Neville P.O. Box 592 , Mattituck, NY 11952 North Fork Housing Alliance 110 South Street, Greenport, NY 11944 Richard & Janet Oddon 1165 Founder Path, Southold, NY 11971 William Baxterk Jr. 1030 E. Putnam, Greenwich, CT 06830 Mr. & Mrs . Cornelius L. Naston Elijahs Lane, Mattituck, NY 11952 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Margaret Rutkowski residing at mt, n ; v®r a' i; *t; ueie, �i1f being duly sworn, deposes and says tf9hat on the 1 L�L day of March __' 19 91 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck NY ;that said Notices were mailed to each of said persons by (certified) (trVist ot* mail. Margaret Rutkowski Sworn to before me this day of 9 t t P blit NAUJAM D.MOORE Notary Public,State of New York No.4832728 Qualified in Suffolk County Commission Expires January,31,1996 Q ( This side does not have to be completed on form transmitted to adjoining property owners . ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRES . Sonja C. Hunter 30 Perna Lane , Riverside, CT 06878 Mr. & Mrs . Joseph Neville P.O. Box 592 , Mattituck, NY 11952 North Fork Housing Alliance 110 South Street, Greenport, NY 11944 Richard & Janet Oddon 1165 Founder Path, Southold, NY 11971 William Baxter, Jr. 1030 PS Form 3800,June 1985 "US.G.P.O.1989-234555 Mr. & Mrs . Cornelius L. Naston Elija on H O 3 r d 3 0 3 - �. m . O m w¢ w om J fO �5 O N Ho n'a r N • fmEf M w.� N a rxa � u1 �' w e m ` ru s W �,, ¢ m rt m -J ¢°Ln 8- O O'rc .;j LLO N Ir 6 v O s 0 v USGp.O.1989.234-555 d U v m E r E " a E June 1985 w am m n m d; m,'.° p o Form 3800, N n o ,�v �' = y rn as Z o9 • Ol O ° A J O N O N m ,14 M . 14 m NN33 rnru C E O[ E F3y 0 I�'�' iFn"c-'A-Mo r, 1 +� r N ww< m x a vH¢ ro a o m>_ �J1� `^ ¢ �LLZ m a US o so a 0 Qo(A ¢ V 0 Gd Oyu ? Q cP m Li. E Com ` ro oW ac t '' ac am N N > Oo uc u¢ w= ti n A LL o d ¢". 0, a � Er d w _-~ `d`'1 b Vr) m " = E c ` " a E , June 1985 U.S.G.P.O.1959-234555 O: 3 ^ d - „ S Form 3800, - p N N T -1 OD O� Sa N > N '�O N M 3 > 3 0'3 ri u m .c (Dm Od 0 Q ' Ol O ON w 9 3 D n O ¢ - 8. m Ln 'Zi w• y �a u °o ,2 mT I.1 9 rt m z Pi �o� rr� .� Ln �80 ru T 333 It !Y U v v i d ro ro ` 'i'\LL r '� 3 (D s o m 1 m LL 3D 35 { N fT O 1 n1 w?LL O) U) a N r m 02 Hd. N N ~ ro ; ao _ _ y 0 �c ¢ - d U o� Aro rn rn LL d ¢E ¢c a j N tN0 1P r -' � �' A ` `° E N J 4i U m£ inW a a v 0 a MR ¢o a sss-ecz-595r oe'e'sn. 5881 eunr`0086 Uuoj Sd , WILLIAM D.MOORE Notary Pubo.4 tate of Now York Qualified in Suffolk County Commission Expires January 31,19a ( This side does not have to be completed on form transmitted to adjoining property owners . ) tlllen M. 65mith Attornev and Counselor at Law 737 Roanoke Avenue, Post Office Box 1240 Tel: (516) 727-3947 Riverhead, New York 11901 rax (716) 727-39509 IJ July 27, 1992 I "l: �79�2 I BY HAND u Honorable Gerard P. Goehringer Chairman Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Application No. 4023 Dear Mr. Goehringer: Pursuant to your "TO WHOM IT MAY CONCERN" letter, I herewith submit in advance of the hearing in this matter six sets of drawings numbered S-1 and S-2 updated as of 7/21/92. Please note that these drawings reflect a total height of 100 feet and a fall down radius totally within the Baxter holdings. ( V y tz5zu? \ Allen M. Smith AMS:TWS Encs. cc: Diane Amedeo William D. Moore, Esq. w/enc. i. , STA — IA I EAST TnTUCK DECLINATION 1 STORY FRAME I 1952 _ E- 13° + WEST O w u DECLINATION oo� u +- 13°t WEST -- — .r W ILI " BARN11935 a i _ >r f IDI 7} ` 5 M1 i - ANT,CABLES IN 2-6"COND. 7,13475.50 = UNDERGROUND. N x o- C 'OF 1.44 ! N EXISTING PORTION OF BUILDING 0 2' TOJ BE DEMOLISHED. NS.4�7 J • F s� PRO D /00' HI H ,• ®aM1°E Ra `� j � `� rr- Kmg•20' 1'E 1 STORY FRAME MONO 1` m2o,o• fZ¢,G - ' • Tt' B (SEE DETAIL ARNp11 I� 2h- _ __ _ .�• - -� PROVIDE GRAVEL MULCH •4 2 9 in • O ROOM ENTRANCE DOOR 37 I a~ 112 ALL OVER FENCED AREALOT _ - •.""°"°�° s o PROVIDE (2) 8.5'x20' i BLOCK 4 PROPOSED UNMANNED 1Z 1 5.0 PARKING SPACES(SEE DETAIL- 7/S-E.) 01 SECTION WTELECOM EQUIPMENT PROPOSED CHAIN LITH FENCE .11RPOJ7T °^� s 6'-O" DETAIL-6/611 pISTRICr 1000 Sly � ROOM IN EXIST. I-STY '� T 31 p2 = rm eg`•j.�p me RO � J,r, ELK. BLDG. - iA o �+/ i I � �� / PROPOSED IOFT WIDE - r •'1 1� ' GRAVEL DRIVEWAY(SEE-6ETDx2i5-E 2561 `Y I BL 18.5' 18.5' ° 3 g BRIARS 32 &a 551 L00AMOON PLAN PROPOSED SFT HIG I \ „ 03 5 SCRLE: NONE I- 0 0 1y o CHAIN LINK FENCE 6 �, 2� • 2' -� J r S57.55'12'W ENCLOSURE(SEE Da DETAIL 6/SII : vS = s \ `'\ \� IU ldN4 Im nz '------- r- '�,J ( ROPOSEC 100 N/!iH 2 J d (Q� . : z -- (/7"��)3 ,.` - A40NOPOL'E D i( W�1'E J Ton UL� DO ` W (0' 0 0 SEE DETL. 3151 • EX/Sr � 0 Z o � � `n w / � L.' m gAI SWING GATE 3160 ----- 186 ------ -- ------Po�2.2T L 1 - N N�>.—x l SBAkIJAhi .: r W uF -VF gV x I�'1 PRQVIDE 2-5'-0' W. E%IST UTI ITY d D Q _ J Y M W - u n 1 3 X a2 jNEW POWER aTELECOM.LINES INSEPARATE BLUFTONE ZP• CONDUIT UNDERGROUND. J _ MAIN SEE bwG �M-I DRIVEWAY w r — 6ittf w CONC i FROPOJ£D N. o `RETRO- ONEN 1—., ti C CELL SITE 1_ __ - 234'-0" SEE DWG. AI) \ Q 1 2 ( 2^ DOTE: V. 1 . F. NO ` kEEI WTTING ALLOWED IN THIS SITE. b SCALE • R• 2S) I z fu 2 EFf=�. TO I/5- I, 1�5 2L} I�S•3 FO YL nO L $ o 0 60 120 780 240 - u FUQ IZ 51TE F'L• iv INFOP-M1T1oI`I EXIST �___ - -- --- -, --- 1 STORY BLOCK so"r" ,� RpAD SCALE F. >yY � BUI DING „ . 0 20 / , . O ..•„». f3ck -4 LOT L 2 ZONING MRP x m o PLOT PLAN SCRLE: NONE � 311 OTE PLAN SCRLE: 1" = 60' LATITUDE: LONGITUDE: MRIN 30 PITCE ESv.L O e OETAI S7E/ A� f� p�i-'E pt\ p1/n� p /A LAYOUT TIT Pop n N _ IC e� LS //"l0 V II ILII VII V %tel LL=L=� II lel IL=//�.l ,_ , O RNTENNR NOTES: W v F. jNNTP ALF_m09M AND_ANT_MTG__ CTt�R k�c 4# 4t 1 EROFSSF7 - 5 'TDR IX2EL �_ wrzrr aNFr. uS3t rL+l 2 TNYF Or I s - € O 1 ° 59 ISIS" 72 30 S 1 SCRLE' I' 20 6 UP_ACSUAEI - I _ €Cn'R '- ' �" , ' -MU Tom. K )c.,p '__ _ _ . _ `-"'re`( Nraie ernrrn "oTi o orlon ori z'>t TOP, RAIL 3. NO. OF Bar - 3 y ' � q el W �6Y MONOPOLE MAN _-- -- - t 1 „ __ --- -- ;O.F ALL ANT �G CiC27[sL�_TN� TX A_ - 3 of eain�enut ° cmcux o t• - •• 4 L 0 a � gE.DESI..IIED_ S5 51lPJ'LIED _ �• Ul .r, ' - SE GTO Ft-- `_° ratT'$rm"r G C ° c c _ o,�i SeeroR- RX VG �[ETRo- oxE T ° NOT t ° II O 2a^ o.D. '0 o D.C. S .J r C^� - 15 _ WITH) MTEPAMIB TOW ER FoNNDAEEORND o0' ASE PLArr 'e"rX u ° . 'P sr IONO CORN"cR POSTS ¢ Ri 8" FOR OR LESS S' HR 225 D uI o J p 6-n m Z sEGTOR- F�'.KIA ATS VUS A 3 FI f4" 0,0. GATE PORTS = GI_ ol i. x - _ _ - ° e contN LINK. FOR GRERTER THRN 323' w v _ O -O PfiIOR TO GOMMENGEMENTOFANY S GAUD 1 5�8" .WORK. I I : „ O / 2" DIAMON 0 O -.. - - urrrsArr-r T•-o•F°xrwWRO ' ° m ' j I j Ws10e -ours s.RLL SECTOR WCTDTLEOD ONNDOWNTILT BRRCKETS �! ° N U) F f _ r°crn En A r ENOs o W In F OF LAP- " B _ RNTENNR/CABLE' INFO r-e•mn. anttE i' ''. vfnnuL eon o j = o • I I GRADE l N Ld •• EVENLY SPACED ; AT IY ArAnT a „ F v [T . LINE OFF UNIE DRILLED I ; ~ m V �' W W '°"''F°" """" `a a �` I II I � � s5 Do SECTOR DEGREE LENGTH COLOR ! I I _1<,N _FLAT,FOR -- ONOPOLE - '; ; o r A Ixc A'4 A . S I I $ RX I A o• I u T Pq I I.., rvufO Om Du '/ '°j r--�j 4—� �0 3,000 PSI C) CONCRf TING OPERATION e. S ; CONCRETE 4 TIT GREEN ,'° 'OVFRIAl"CLOSES! 13 5 FR GREEN P°INT I TX� A o• ST. GREEN �3•,// L I . HELD vuncA a n ;• HT1 �RX2A O ' 140 , `n,T W N e I 1- / mcmlEn wrN ncs G m (9 I O "NOTE _ o ,W WcK 1 E3 20 Ip.o PPI BLUE _ g 1 - I •/ ; rNrx uNt I6" MIN. _ F(�}]i SOIL- 6EP.RINO CAPACITY MUST' " t 0 rn. ux F rowFR BASF PLn rE w: s—"a-xnrz� ° 1 I 1 `\' lJ C SI EO. PEM1n N .. I TX B I2O• ISS PT• BLUE v Z _BE 4ETERTy11NED AND ENGINEERED L9 Ano FORMED r°prr°x DP rlEn � I•nun AT 3' _ I n-remr PIPE 0.0. RX SB 120• 1¢O WT L' Q DO A� . IT.H MONOPOLE Fou KDATION 1 - iYPlCAI,{Cn ISSON SBc PION Ib' 1 G'• BLUE J -'PRICTi70:THE:Cofv1MENCENT TO SECTION Fr-Fl IF, — F] - 'RX I C 240' 14-0 FT. WHITE W 3 0 / I -TIY WORK. _ •- _ _ EL:� svExTluL �� S I F E N GE 'D ETA I L_ TX. C 240• 1 ,35 FeT WHITE Is N TONER. A FPG TF p 3 LONG SIDE FOR Or NrN31OA r:VU cLusr rR I NTS R�S2C 240' 4P FTS WHITE �' WQ O AND FORNro r9n" OF PIER + O ` I - METRO ONE IDB RFSPON -1 Ar v n. .0 r CIECIC I V — O G II S L ROPOSE I o0 HIGH — I --� IBI ITB ,^ ZZ _I ,140NOPOL AA -} LIs 13 `' ,"(9 o I JGR PRODUCT. MGR: 4I_EX CAR80N.IF �- /!% RERL ESTRTE MGR: LYNN LO IMI [' _A+ "7�Y'I rWI� m o m z MNOT BEES ROUTED INSIDE W — —_ i i CONSTRUCTION MGR: BOB ! Fvj V Loi N � —I--_ 1G ` I / usE PIA e. _ I I RRDIO ENGINEER: N I,J IT7F oN w U ODANIxrs STRUCTURRL ENG: PETE PAPA-( �y u Q Q SECTOR- RXI S �e'TQ�1�S2 �'i >, I, JGR SURVEYOR:ruI5 64 np'H EP- r- r • aAxmm�srvos ZONING MG6-.' M. &rzrAIZb -- 2q,p• - --- - - IM'l • 1t❑ x00x �TTTrO rTr • QN SHONx. A. rw.ERAxce LIIr TABLE OF CAISSON DIMENSIONS �/J }I F SECTOR-TX C �.� �� T_�S:p-i "@ Nnsr nnmxTArrax rnlpcx°n sru°rr FDD Aufx.Enr rD TEANSNISSIO" OrN x I n D ISSUED DRRWINGS TO METRO ONE <S ,I p r1{• — 0° mo SYSTEM r0 se s M•LIfD IY ANI'r M010 FREQUENCY FNOIMEED Ox DESCRIPTION OF ITE. ITEM I- I I JTLIvT S/pAHLES.IN-2-N`;'cOND. ry 2�"�° • 'L''I�•i',/;•- - „` SITEORrN'.ULNOPPAr,00REPRESENrAtlYEONSIrf. BEFORE Tf N111- ON IlE3 ONPE-RGROUND-1 TO GQU I PT KM. : nlf eoxNFxcrNExr OE rxrr rovx°An°x N°nR. TOTAL LENGTH OF-PIelr= A -rh E— JUL2 o ) 7 ° PRELIMINRRY ONLY (NOT REVIEWED BY JGW SECTOR- RX 2C. 8�r1 K- Rf.({(j ANCHOR SrVO ARRANGEMENT , OErrx OF FDnxrO nrR g , E SECTION FI-FI G d rren A.OVE ennvr (�` s E ` REVIEWED RNO gPPROVEO BY JGR 1114 1" ANCHOR STUD tN•EDNrNF r 1 O - OFADLEi FoUNDAT}ON I ANCN..r ETU. 1.011cr," r El REVISIONS EVIEWED RND RPPRDVED BY JGR `�! _ I -1 - I CHECKED BY Z 331 ELSE V ATON SCRLE: NONE 51 ANTENNA MOUNT'G OTL SCRLE ;s.T5. M0N0P0LE FC.> U N DAT I ON DESIGN DRTE S� JUENGERT GRUTZMRCHER R550CIRTES, P.0. � SSP Is SCALE : NONE * ` "e R 5,KNpPP CO f - 4. I ' o N U � W }}� w DECLINATION Z 13' +/-WEST z 475 00 D¢ }�I 83. 4 GAR LP 7�17 � z FF EL _ OVERHE � 81 . 20101 "E 33. 00 3-j--AD -WIRES - 0 � N - 1 STORY FRAME -d z .m BARN GAR w m z O FF EL �� I o IU € 3 W1 • 32. 50 1 ` I NOTE: REFE2 TO SHEET I�5•I 1/5� ?' 2 J 40 O o I £ F=oR FU IZTLJE 2.. INFoRMATlohi. Z o F a F N PROP BED IDG OH }`�9 ,, 1 ^1 MONO LE ` ~ ~ y Lo AREA = 80495.5 S.F. FF EL REpO• w N 1.848 ACRES 5¢ 32.77 ; SETgNCK Q i 75 2995 0.0 t5( 1 I PflOVIDE 12) 6.6'E 20' `I F p Q N PROPOSED UNMANNED '02 PARKING SPACES FFAEL ` 1 U1 F W F� TELECOM. EQUIPMENT ` s ROOM IN EXIST. BLOCK 1¢$ 33. 09 } � BLDG.. ♦1 Iz-o TY T � PROPOSED 10' WIO� / rn , Z) E-0" WIDE Gq'TE _ 10'± O ( ,N p L }9� GRAVEL DRIVEWAY, � �,B � '151'` � I Il9 6 1 6 ZONE PROPOSED 6.0' HIGH \ Z�; (SEE SECTION 2/511 1 O. � CHAIN LINK FENCE _- _ 2 LAY -4 QUARRY STONE - I IN IST.T FENCE R CLEAR —� � ' 11 1. /� " ER OF 3/ ' _ N lyY � � _ IST.TREES �e n[o'o.l �� r �� )�. 1�1 1 r r D y\ �'' ( .� 1 •� } — �� `I` - a LA 2 Q p Z LD ¢ ¢ O �/! © 8 8 o O m }y^�___ } _ _ }�D w I 6 COMPACTED LAYER OF B/6 QUARRY STONE - i- lm N Ja Al \?/ . 31 }�9 ---- m w r - S - 1 �� " QU R EXCAVATE TOP SOIL LAYER AS REQ'D. CID v, ez BLUESTONE 488 , 08 S2 SECTION THRU GRAVEL DRIVEWAY LO f ©� CONIC DRIVEWAY S87. 55 ' 12 "W ` FZ-TH /5- I F�'IZ �UEM SI 77377,2 =uTURE,C.';2Nsrri�JC,T,oN Is rloT 1 STORY BOCK fzh111TEv W iTH irJ T14E CrW-6 ` BUILDING • �-roaeo ��-sNol•J�I. � 1 r � W 2 1 � a J 1 m -J U LO N co F F 00 m 1.P F N F Mq U) F TN _ / .� f i V?i} WW I U ` R o E �r Z • a31 0 3 Q ' R o � W Rpq,D V u W Y U SCALE r 0 30 609 D r- SITE P� 41�t — l pRApERT`( SURVEY ) D 4 SG4LE : "� ad _o" METRO ONE JOE REEPON5IOII TTIFG z E , ISSUED DRRWINGS TO METRO ONE 3 e JGR PRODUCT. MGR; cAst oMs RERL ESTRTE MGR: L 16 1-o141M>sA I' ❑ PRELMI1MY ONLY GOT REVIEWED BY -GM ~ ,/ SITE PLAN CARMAN - DUNNE , R C. ,S OF 61Epy CONSTRUCTION MGP., �� hIAEiOI'U.N Q`.R 'I t' REVMWEO RDD g10flpym BY JGR CONSULTING ENGINEERS & SURVEYORS F,S�• GZ LYNBROOK , NEW YORK o - RROIC ENGINEER: *+ wITTli� OF PROPERTY IN ETR4CTURRL ENG: p�" •' FZAPt>P'( ED writ EO BY JGR E . MATTITUCK Im Raw Ali CHECKED BY f, 'd. E G P �4' e .,JGR SURVEYOR: A�YdL LI�Imwll SUFFOLK CO., N . Y RICHARD H. SCHROEOER JR. �P.E 0427/2 b r OR W o � 111 d • 1 ZPNlt�lfa M6E S I Q. Ga # iSE3 �1w .A.wcERr RSBOCiRiE9, PR 427 R S,KNAPP CO MAP NO. 91010 DATE, JAY., 1991 -