HomeMy WebLinkAboutLL-1999 #03Local Law F
.* , ~-. NEW YORK STATE DF2~TMF_2Cr OF ~
(Use ~ls foim to file a local law with ~e ~cy of S~t&)
Text o~ ~w should ~ given ~ ~mended. Do no~ include matter ~i~g climi~ted and do not ~c
i~li~ or underlining to indi~te new matter.
. ~x of Southold
~! Law Ho .......... ~ ......................... of the year 19:~9
A Ioml law-.J.B..B~!~.~!~B_g_9..~J.r~l~.~..~P.~DJEg.~i~U_~t[[tic~__af..th~_.Y.o~u ....... :_ '-
Be It enacted by the Town Board of the
~ of Southold
Town .....................................................................................ss follows:
I.Chapter I00-13 of the Code of the Town of Southold is hereby amended as follows:
WIRELESS COMMUNICATION FACILITY - Any unstaffed facility for the transmission
and/or reception of wireless telecommunications services or other radio transmission
and/or receiving service or use usually consisting of a wireless communication facility
array, connection cables, an equipment facility and a support structure to obtain the
necessary elevation. The support structure is either a building, telecommunication or
radio antenna or tower or other approved structure.
WIRELESS COMMUNICATIONS - Any radio transmission and/or receiving service or use
including, but not limited to, personal wireless services as defined in the
Telecommunications Act of 1996, which includes FCC licensed commercial telephone
services, personal communication services, specialized mobile radio, enhanced
specialized mobile radio, paging and similar services that currently exist or that may in
the future be developed.
I!. Severability. if any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged Invalid or held unconstitutional by any
court of competent jurisdiction, any judgement made thereby shall not affect
the validity of this law as a ~vhole or any part thereof other than the part or
provlslon so adjudged to be invalid or unconstitutional.
!11. This Local Law shall take effect immediately upon filing with the
Secretary of State.
(If addttlonnl space ts needed, attach pages the sam~ size ns this shezt, and number each.)
(Complete the certi~a~aon in the .paragraph that applies to tffe~x/~.dg of this local law and
strike out that which is not applicable.}
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed he~reto:.d~nated as local law No ............... ~ .................. of 19.~9~9_
of t. Lhe ~1~ .~i~)(Town)(gr~l~ of .... ~-O--tl~-13--O-I- ................................................. .was duly passed by the
..._ .I..o.~.n._..B._o.'a.'~_d._.~ .......... .' ........... on .F_a~lt'_o. ar_:g._219 .~9, in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage aRer disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................... '- .........of 19-; ....
of the (CountyXCity)(Town)Cv'illage) of ................................................................. was duly passed by the
............................................. on ................. 19 ---, and was (approvedXnot appl~--d)(repassed after
iNa. mt ola~tgialatlva Bo~y}
disapproval) by the .................................................. and was deemed duly adopted on ............... 19 ....,
in accordance with thc applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(aot approved)(r~passed after
disapproval) by the ................................................. on ................... 19 .....Such local law was submitted
(Etecti*Y Chltf Ezecud~ Olfw~¢')
' to the people by reason of a (mandatory)(anermissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (gcacralXspeeial)(anaual) election held on .................. 19---- , in
accordance with the applicable provisions 0£ law.
4. (Subject to pei-missive referendum and f'ma[ adoption because no valid petition was f'ded requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ................................... of 19 .....
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by
................................................... on .................. 19 .... , and was (approved)(not approvedXrepassed ariel
disapproval) by the .................................................. on .................. 19 .... Such toc. at law was subject tc
permissive referendum and no valid petition requesting such refcrcndum was filed as of .................. 19---- , ,n
accordance with the applicable provisions of law.
Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-
wide basis or~ if there be none, the chairperson of the county legislative body, the mayor ora city or village, o~
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordlnan~
(2)
~' $. (City local law concerning ch'aG. .... revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No ................................... o£ 19 ......
el thc City of ............................................. having been submitted to referendum pursuant to the provisiom of
section (36)(37) of the Municipal Home Rule Law, and having received thc affirmative vote cfa majority of the
qualified electors of such city voting thereon at the (special)(general) election held on ................... 19 .... ,
became operative.
6. (County [ocal law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors o£ the towns of said county considered as a unit
voting at said general election, b~eame Olmrative.
(If any other authorized form of final adoption h~ been followed, please provide an appropriate certification.)
(s. eaO"
I father cedif7 that I have compared the preceding local [aw with thc original on file in this of.flee and that the same '
is a correct transcript therefrom and o[ the whole of such original local law, and was finally adopted in the manner
dicated in paragraph..-.1 ....... , above.
or officer &~i~a~d by local le/islafive body
Elizabeth A. Neville, Town Clerk
Date: 2 / 5/99
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
COON'FY OF
I, the undersigned, hereby certif7 tMt thc foregoing l~w coma/~s the ~ tc~ and that all proper pmcec~n~
have ~en had or ~ken for the ,~ctmcnt of the l~annexcd he,to.
regory ~kabos ki Attorney
~tie
lt~y of Southold
Town
Date: ' . 2/5/99
(3)
ALEXANDER F, TREADWEIL
SECRETARY OF STATE
STATe OF NEW York
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
April 22, 1999
ELIZABETH A. NEVILLE
TOWN HALL, P.O. BOX 1179
53095 MAIN ROAD
SOUTHOLD, NY 11971
Re: TOWN OF SOUTHOLD, LOCAL LAW NO. 3, 1999
Dear Sir/Madam:
The above-referenced materials are being returned for the following reason(s):
We do not have Local Law- No. 3, 1999 for the Town of Southold on file. Please resubmit the
complete law with the text, signatures and seal affixed.
Sincerely,
amce G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:tm
printed on recyoled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
NOVEMBER 10, 1998
8:05 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO WIRELESS
COMMUNICATIONS FACILITIES IN THE TOWN OF SOUTHOLD".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The next one is a hearing on a "Local Law in
Relation to Wireless Communication Facilities in the Town of Southold". That
will be read by Bill Moore.
COUNCILMAN MOORE: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 27th day of October, 1998, a Local Law entitled, "A Local
Law in Relation to Wireless Communication Facilities in the Town of
Southold". Notice is further given that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the
Southold Town Hall, 53095 Main Road, Southold,, New York, and hereby sets
the 10th day of November, 1998, at 8:05 P.M. as the time and place for
a public hearing on this Local Law, which reads as follows:
WIRELESS COMMUNICATION FACILITY Any unstaffed facility for the
transmission and/or recePtion of wireless telecommunications services or
other radio transmission and/or receiving service or use usually
consisting or a wireless communication facility array, connection cables, an
equipment facility and a support structure to obtain the necessary
elevation. The support structure is either a building, telecommunication
or radio antenna or tower or other approved structure.
WIRELESS COMMUNICATIONS Any radio transmission and/or receiving
service or use including, but not limited to, personal wireless services
as defined in the Telecommunications Act of 1996, which includes FCC
licensed commercial telephone services, personal communication services,
specialized mobile radio, enhanced specialized mobile radio, paying and
similar services that currently exist or that may in the future be
developer.
pg ~ - PH
* Underline represents additions.
Strikethrough represents deletions
This Local Law shall take effect immediately upon filing with the Secretary
of State. Copies of this Local Law are available in the Office of the Town
Clerk to any interested persons during regular business hours. By order of
the Southold Town Board of the Town of Southold, Southold, New York.
Elizabeth A. Neville, Southold Town Clerk." We have an affidavit that it
was posted on the Town Bulletin Board, that it was sent to the Southold
Town :Planning Board's report on the proposed Local Law. We have
correspondence from interested citizens from the Peconic Amateur Radio
Ch :bed thereto, an affidavit of publication in the
would redefine Wireless Communication
radio transmission other ?ceivlng services as being
he existing telecommunicatmn law, as it is presently
it does.
SUPERVISOR COCHRAN: Is there anyone that would like to address the
Board either pro or con in relation to this Code change?
ROBERTA KEIS: I am Roberta Keis. I am President of the Peconic
Amateur Radio Club. We have a number of people here with us this
evening, that would like to address the Board in reference to this wireless
communicatiOn law. I am a little bit confUsed myself right now. I am not
quite sure what it is that you have stated. I have three people who would
specifically like to address the Board. One is Don Fisher, who is a Southold
resi;lent. He is the Emergency Communicator for the Town of Southold, Mr.
Frank Balllnger, who is a representative of the Amateur Radio Relay
Leagues, and the Director of the Hudson Division. Also, I would like to
have Mr. Ralph Williams address you. He is also a resident. He has his
expertise as an engineer, as an interested party in antennas, and an
expert, and also, for many years as an amateur radio communicator. For
t~he interest of the Board I just would like to have everyone in this room
Who iS a licensed ham, please, just stand.
SUPERVISOR COCHRAN:
familiar faces out there.
We knew that before you stood up. A lot of
ROBERTA KEIS: We are somewhat concerned, needless to say, regarding
this local law, and would llke to have our piece said. I think I will let
Don take over. He does much better than I do.
DONALD FISHER: I would like to submit three copies of our statement, my
statement, to the Board. Supervisor Cochran, Members of the Town
Board, Mrs. Neville, Mr. Yakaboski, ladies and gentleman, my name is
Donald C;. Fisher, and I reside at 2975 Youngs Avenue, Southold, New
York. I am an amateur radio operator and the volunteer Emergency
C:oordinator (EC:) of the Southold Town Amateur Radio Emergency Services
(ARES). I represent L[7 amateur radio operators who volunteer their
radio equipment, their technical knowledge, and their time to provide
support communications to our residents during a disaster or any other time
of need. It is our responsibility to staff the town's five evacuation
centers, along with the American Red Cross, and establish lines of
communication to our Emergency Operations Center at Police Headquarters in
pg 3 - PH
Peconic. After a hurricane or a community disaster, our members go into
the field with Red Cross Disaster Assistance Teams, and the Federal
Emergency Management Agency's personnel to perform the damage
assessment survey. These .surveys establish the initial levels of need for
community funding and relief. Our interest in this evening's hearing is to
request an Amateur Radio State Exemption to the wireless communication
law. Some background, people who pursue the hobby of using amateur radio
to communicate, do so purely for non-commercial purposes. Licensed
amateur radio operators are restricted from accepting any payment for their
communications ~fforts by Federal Law, and this is an important point that I
would like to make to the Board that we get no money, we get no
that we do, unlike a commercial, radio operator, the
the source of funds to comply with all the
requirements of the :Wireless Communications Law. The cost of requiring
fences, shrubs, , because cosmetic painting of the
antenna support create a real financial burden for the amateur.
LikeWise amateur
operators are private citizens and non-commercial.
They live in pri~ate dwellincjs that are in most cases are located on
bU[l~l:ing"'lots, that!i~c~uld not c~nform to this law's yard area.and acc~ptab!e
location requirementS..Commercial towers need large industrial yard areas
roi- guy wires, for tower bases, and for communication shacks. In gener~a!
amateur i a~e viSUally less intrusive, they are smaller, they are
mc~re corn self 'supporting. They do not reqUire the yard area
or the setbm this law. The location, yard area, and Setback
restrictions undue hardship on a licensed amateur radio
operator. When or man-made disasters occur cellcqar telephones,
regular emergency radio channels become overloaded, and
sometime fail all That is when the licensed amateur radio operator
handles all types ~ications for our community, health and ~velfare
messages, members, who have been relocated through
evacuation centers JstJc messages, coordinating the delivery of food,
bedding, medical supplies to these relocation centers, we will travel with
ss and the Salvation Army in the mobile canteen. We
communi¢
and the victims
wildfires our
drisaster that
to use the shelf
town~-Wide dj.,
malfunction
on everyone's
Island
S~uthold's
To
of wou
of need by re
Licensed amateur
it is developed
us to become a
tests our knowl
treaties and law
We are truly a
ARRL,
request of the
s. as these agencies sustain the emergency workers,
field. Un ike Southampton Town during the 199~
~Uthold, has been fortunate not to experience a
the relocation of it's residents, we haven't yet had
~ation centers, that we have set up in our
we haven't had to experience a critical
Nuclear Power Station. This is something that is
haven't had to deal with relocating the Fishers
panic that might ensue on our own mainland,
operators train and prepare for these emergencies.
Communication Law on the amateur radio community
limit the availability of this resource in time
our ability to construct our radio stations.
operators are closely regulated by Federal Law as
)rced by a Federal Communications Commission. For
amateur radio operator we must take an exam that
~)f radio and radio communications. International
~ part in our licensing, and operating procedures.
[regUlated entity. The American Radio Re~ay League,
interests of amateurs in the United States. At the
the I~ederal Communications Commission handed down
pg · - PH
a memorandum opinion and order titled PRB-1 on September 16, 1985.
This instrument deals directly with Federal preemption of state and local
regulations pertaining to amateur radio facilities. Many municipalities have
enacted restrictive laws impacting licensed amateur radio operators. When
the amateur radio community brought suit against these municipalities, it
was the force of PRB-1 Order that eventually turned the restrictive
municipal laws over. If Southold's wireless communication law is amended to
include amateur radio stations. It will not be a matter of, Jfa law suit
Will be brought against the town, but a matter of when. PRB-1 will be a
ver.v strong part of a very expensive argument that the town will have to
defend. To expose the town and it's taxpayers to unnecessary litigation
when~that exposure could be eliminated, at the outset would be unfortunate.
We 'offer the foll0wing language to be included in any amendment of the
Town'S Wireless c°mmunicatio~s law. This language Will protect the
interests of Southold~s amateur radio community, i~ Would limit legal
exposure of the Town's taxpayers alt the while keeping Whole for ti3e
residents of the town' a valuable, free, volunteer emergency resource. The
lainguage thai we requesting, we have provided COpies to all the Board
mer~be~s, ~.~d yakal~oskl, nothing herein shall ued to apply
to,~ p~°hibit, regul or otherwise affect the ~, maintenance or
utiliZation Of ant or support structures by .~ licensed by the
Federal Communications Commission pursuant to 47 Part 97 to
operate radlb station. Thank you very much.
SUPERVISOR COCHRAN: Thank you, Don. May I just stop for a moment?
Do we want to go through this whole thing, or do we want to share with
you what the Code~ Committee, and what we expect to propose, the change
Jn relation to amateur radio operators?
DON FISHER: It honestly depends on what you are going to tell us. If you
are going to give us good news we can stop right here. If it is going to be
bad news, we will keep going.
SUPERVISOR COCHRAN: It is good news. We could really go on. I know
there is a lot of people that want to express themselves, and I know that
you all would like to give your side of the story, but I think we can save a
lot of this, and rather than sit here, and let you continue and continue,
and then all of sudden we say, well, here we are going to amend. I would
like Bill to share this you at this point.
DON FISHER: The only comment I would make to the Board.. we come in a
friendly atmosphere this evening.
SUPERVISOR COCHRAN: That is appreciated, believe me. I believe it is
your wording that is being used.
DON FISHER: We feel very strongly that you as a Town Board as
representatives of our community might need or have use for the data, and
the arguments we can provide you, because I know that in the world today
you probably have some people come up to you, and say, hey, how come
this group is getting exemption, and I am not. That is what I am prepared
to express.
pg 5 - PH
SUPERVISOR COCHRAN: I am going to let Bill share this with you and
everyone else, and then we can take it from there. If there are people that
still want to express themselves, but at least you will know where we are
going, or what we are looking at, not where we are going yet.
COUNCILMAN MOORE: Let me just suggest one thing. If you have material
beyond which you have already presented to the Board, we would be happy
to have it provided to us if you have it, and want to give it to us.
know you offered it to me when we spoke on Friday the resource
Washington, which is the counsel down there, which I thought was very
helpful. I didn't want to take the wind out of your sails here, and let you
make the point you wanted to make, because you have important points to
make. The LaW as was drafted did not contemplate, the original
telecommunications law ObviOusly did not encompa.ss: the amateur radio, and
you guys all know ithat. The amendment that is proposed here dld not
intentionally incorporate' you fOlks, s:o when you brought it to our attention
we 3pPreciate what you did:, and so we have gone right ahead, and moving
ahead we have taken the proposed language from your exemptlon~ drafted a
Local Law, have a resolution we are going to present~ here this evening to
put that part of a ex~rnption in motion. We were tOldloUr legislation by our
own Board of Appea~ls defects in it, and we attempt to address those
defects. Sometimes he fix is bigger than you want them. I go~t a great
poem, I what it was, somebody uslng a bandmaBd for a
scratch, or don't know what it is, but i.~ ~is a great quote. I
will remember it n I go home. So, if we have 'cast our net too wide so
be it. I appreciate..the way you brought it to our a~tention~ and we have
come back and iredrafted, what always had been the'.e×emptlon lot- amateur
radio.
DON FISHER: We appreciate that. I do have more information for you. As
matter of fact, Huntington Town just this past year recently passed some
legislation. I am just going to say I do have Stan Caulfield in the
audience this evening, and we will get a copy of that legislation from
Huntington for you. I am going to let Frank give some of his words, but
you have support to continue in the direction you are going. Thank you.
FRANK FALLON: I would just like to say, you appear to be doing the
right thing. My name is Frank Fallon. I am the elected Regional
Representative to our National Board. I represent the American Radio Relay
League, which is roughly equivalent to the NTA. I don't know whether I
should use that. Amateur Radio Operators, but it is the national
organization which represents our interests. I represent 9,000 members of
that organization, which has basically 165,000, and I am very happy to
come out from East Williston, and Nassau County to see you do the right
thing, because it has been my experience in a lot of these cases, and I
have dealt with about 30 of them in New York City, Long Island area, that
they are very decisive where towns put restrictive ordinances in there, and
it really gets the good guys and the bad guys totally mixed up, and we
after all are the good guys, and I think you recogn'ize that. So, provided
there is an exception Bn there for amateur radi~, I don't think my
organization or any of the amateurs here tonight are going to have any
problem if you do the right thing. Thank you very much.
pg 6 - PH
SUPERVISOR COCHRAN: Thank you, sir. Anyone else llke to address the
Board?
RALPH WILLIAMS: Ralph Williams. A lot of you in the room will recognize
me perhaps with a different hat. Just because I have an old house doesn't
mean that I have to come in here, and talk about amateur radio. However, I
get around for awhile, and then a part of organization amateur radio, what
I would like to do is just very briefly tell you a little bit about one
group. It is called PARK, Park Amateur Radio Club. It does a lot of good
things, and I am here to invite any and everyone of you, and anyone who
you know to come and join us, be a part of our organization. We teach
radio. We conduct exams. As Don said, we do emergency work. We are a
friendly organization. There are a number of things, particularly affecting
the now new use of computer technology and amateur radio technology
together, which opens up a whole avenue for our children. There is one
more point. I did make a little investigation. The history part of me
wouldn't let me get 'away without telling you something about history. Would
you believe that 75 ' rs ago, 75 years ago there were six amateurs here
in the local commun . One was up at Fishers Island. There was one in
Southold. There was one in Mattituck. There were a whole series of them,
and went back~
repeater. Their
the thing come
make a friendily
Hammond, that is
years ago, but his
that particular re
orig[na! call signs, and one more thing, we have a
repeater Ts up on the tower, .and in order to make
for us, and this is why I am talking to you, to
we chose to honor one of those amateurs, William
call sign W2AMC. He lived and died a number of
continues every single time we call each other on
SUPERVISOR COCHRAN: Thank you, Ralph. Anyone else like to address
the Board in relation to the wireless Code changes? Yes, sir?
CHARLES CUDDY: My name is Charles Cuddy. I appear here tonight
in opposition to the Code amendment. Initially I was going to say that Mr.
Fisher has recited very well, that as drawn, it certainly would affect radio
operators. I think also it would affect taxi communications. I think it is
not well drawn. I think it should be rethought. My concern particularly
because I notice on your agenda tonight Resolution 39 is a resolution
apparently passing this amendment, even though the hearing is not over
yet, the amendment passage is on the agenda.
SUPERVISOR COCHRAN: There has been no action.
COUNCILMAN MOORE: We do that as a matter of course.
SUPERVISOR COCHRAN: That is a matter of course on all hearings.
CHARLES CUDDY: I am pointing it out.
SUPERVISOR COCHRAN: And I am just clarifying.
pg 7 - PH
CHARLES CUDDY: Also, note that the very thing that Mr. Fisher eluded
to is going to happen to these other people also, with radio transmission
interests. They are going to have to go through laborious special exception
site plan and SEQRA analysis, and that shouldn't happen. It happened to
my client, which I will get into in another minute. I would hope that you
would rethink what is in writing, and I hope that you would table it
tonight, but the odyssey that my client has gone through, you may not
have On the record, I have a client who wanted to put up a radio tower for
a trucking company, private interest. In April of 1997, nineteen months
ago, he came to the' town, and said, I want to do this, where should I do
it? He was told to go to .he LI District, Light IndUstrial. But~ he was
told to hold. up, beCaUse was a moratorium that was going to be in
place, and ~t Went ir He held up. Just one year ago, two days
from now, on the of NOvember, 1997, you passed the wireless
communication. He went to his surveyor, had the work done, made an
application in 1998. The first hearing was in April. .Seven
re°nths in row he at the Zoning Board of Appeals. During that
~e there was an r moratorium~ which impacted hirn~ because he can not
Route ~8. The same applicant had to go to
the same applicant that':t~as had to pay extra
money to have a SE~ done by a consultant for a radio tower,
which is a eight f~ot base. Th ha :n to someone. I think
what~ that says iS that: instead ;rprise, you are
di~cqu.raging priv.a.te enterprise. I think a is a singular
api~llcation, and ~f {his n~w Code provision ~is ~ at one person, I
surgest~t there is of doing t;his. This Board in cooperation with
broker, in
~ncl find an
although it Js in
new Code
and find a place
provisions~,
to you that
buSiness ~
it.
the client I: represent, could certainly go out,
locate ~this. Where' he is lOCated is approp~riate,
LI district. Maybe forget it instead of passing a
at one single pers¢~n, you. can go out together,
:and not :worry about ~t. We 'can't ha~ Code
object ~o a single appliication. In short I would say
written. I t~ink it gives a bad message to the
I think it is premature. I would ask that you table
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the
Board in relation to the Code change?
BILL CUYTON: My name is Bill Cuyton, Mrs. Cochran and members of
the Board. I would just llke to congratulate each of you, or whoever
drafted this new resolution, and I am well aware of this club, because in
my service time they,were very well thought of as far as I can tell. This
man who has a singular compliant is just a single complaint with a tower.
An amateur tower is definitely not 85 plus feet in a location. They stated
their case very well. Thank you for making that resolution.
SUPERVISOR COCHRAN: Thank you, sir. Anyone else like to address the
Town Board?
JOHN CAMERON: My name is John Cameron. I am a local resident here in
Mattituck, and in support of Mr. Rosen I would like to say a few words.
I think Mr. Rosen has been treated unfairly. It seems that in the past
pg 8 - PH
things used to be a little easier to get done. Now in lieu of the moratorium
on the towers, to which I believe you people do subscribe. I have four
contracts here to the tune of $2,000 a month to $2,500 a month from AT&T
Wireless, NEXTEL, $1,600 a month revenues you are earning, Bell
Atlantic $6,100. I just wanted to say that if you can disallow people from
constructing any further towers, than it should also be inclusive as far as
municipality goes. I guess it is in your best interest that you are being
self-preservative in that if you allow further towers, or disallow
additional towers than you are almost giving yourself the opportunity to
guarantee any newcomers that come along in regard to wireless services,
that you are granted an additional contracts. There is four of them here
that total $6,100 a month in revenues. In addition the ninety foot tower
that exists over at the Police Department, a 90 foot lattice tower, there
was a resolution that passed to erect an 140 foot in it's place in manifold
with a lease that is granted for twenty-five years with a three percent
increase per annum, =.t~iat Was dated March 31st. Many of the things you
have done, I to suit your own needs, and will net allow any other
people, self or entrepreneurs, to erect traditional towers to
make any money in that regard. That's all I have.
SUPERVISOR COCHRAN:
Board?
Thank you. Anyone else llke to address the
MADDIE SIMMONS: My name is Maddle Simmons. I live in Mattituck. I
happen to know where the tower is supposed to be going to be, and I have
my sister-in-law, Alice Flynn with me, and whatever you have done to
help us, we will be grateful. We lived a long time in Mattituck, and I
think it is one of the most beautiful spots on the island. I don't know
where you llve. You probably feel the same way that I do. To us, to have
it there it would just disturb our lives. That is all I can tell you, and we
have been to the meetings. I think this is the fifth one we have been to,
and stand firm on our belief that there is pretty land on Long Island. I
express it just as it is, but I don't think it is right legally or not. Some
laws are made to be broken to straighten out, but to have it right between
our house, between my house and Alice's house, I said before, put
yourselves in our place. Would you have it? I don't believe any of you
would like it. If you: have a lovely comfortable home, and if you had this
come in between your=sister, your sister-ln-law. You have grandchildren. I
have great grandchildren. They all play in my nice yard in the back. I will
never feel safe again. I just want to say thank you.
SUPERVISOR COCHRAN: Thank you for coming in this evening, Hattie.
Is there anyone else like to address the Town Board? (No response.) If
not, I will close the hearing.
Southold Town Clerk
Iq I~1 I( %()11('1 I~111 I(I I~
I ..'I:.,,. ~ :', i, .' ,..
COUNTY ~OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia C. Lol[ot, being duly sworn, says that
she is the Produc~on Coordinator. of the T~V-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each week for
/
........................................................................ weeks
successively, commencing on the ..~. ..........
day o~
Sworn to before me this .....~ ............... day of
Notary Public
BARBARA & SCHNEIDER
NOTARY PUBUC, State of Ne~ Ymk
No, 480~848
qualified in Suffolk C~//~
Commission Expire-~ ~