HomeMy WebLinkAboutLL-1997 #26L ocat L a t62 WASHINGTON AVENUE. ALBAt4Y. NY 12231
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Local Law No. -
A local law in Relation__
26 97
oftheyear~---
to Wireless Communication Facilities
Town Board
Be it enacted by the
~ o t ___ ~_o_U.u~.h_o_Ld_ ........................
Town
the
as follows:
t. Chapter 100 (Zoning) of the Code of the Town of Sauthold is
hereby amended as follows:
1. Section 100-13 (Definitions) is hereby amended as follows:
BUILDING - Any structure having a roof supported by such
things as columns posts, piers, walls ar air intended for the
shelter, business, housing or enclosing of persons, animals,
property or other materiais; also any combination of materials
forming any construction, except where entirely underground
so as to permit the use of the ground above the same as if
no 'building" was present. The term "building' shall include
the term "structure'" as well as the following:
(1) Signs.
(2) Fences.
(3) Walls.
(4) Radio. teievisian, receive-only satellite dish antennas,
amateur radio amennas and wireless communication facility
receiving and transmitting antennas, exce.m for radio.
CJ~ additional spae.~ is aeC_ '~,d~ ~ pag~ the sa.m,- >5-r~. as rh~s si~,ecZ_ and number eae2t.)
television, receive-only satellite dish antennas,
amateur radio antennas installed on the roof of a buiiding
and extending not more than twenty (20) feet above the
highest level of the roof of such building.
(5) Porches, outdoor bins and other similar structures.
WIRELESS COMMUNICATION FACILITY. A wireless
communication facility is any unstaffed facility for the transmission
and/or reception of Wireless telecommunications services usually
consisting of an 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 tower, or other approved structure.
WIRELESS COMMUNICATIONS. Wireless communications shall
mean any personal wireless services as defined in the
Telecommunications Act of 1996, which includes FCC licensed
commercial wireless telecommunications services including cellular
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.
TELECOMMUNICATION TOWER A telecommunication tower is a
type of wireless communication facility designed and co~cted
specifically to support an antenna array, and may include a
monopole, self-supporting tower, guy-wire support tower and other
similar structures. A wireless communication facility attached to an
existing buitding or structure shall be excluded from this definition.
2. Article XVI is hereby added and shall be entitled "WIRELESS
COMMUNICATION FACILITIES."
3. Section 100-160. Purpose is added as follows:
tt is the express purpose of this article to minimize the visual and
environmental impacts of wireless communication facilities while
protecting the health, safety and welfare of Southotd's citizens and
allowing wireless service providers to meet their technological and
service objectives. This article allows wireless communication
facilities, and particularly telecommunication towers, to be
reviewed and approved in keeping with the Town's existing zoning
and historic development patterns, including the size and spacing
of strumures and open spaces. Furthermore, the s~ndards herein
reflect two preferences: (1) that wireless communication facilities
are preferred in industrial areas and (2) that wireleSs
communication facilities be located on existing buildings and
towers rather than on newly constructed towers. Any wireless
communication facility must take into account the aesthetic aspects
of the town, including open vistas, scenic byways and historic
districts.
4. Section 100-161. Scope is added as follows:
The regulations of this section shall govem and control the
erection, enlargement, expansion, alteration, operation,
maintenance, relocation and removal of all wireless
communication facilities. The regulations of this section relate to
the location and design of these facilities and shall be in addition to
the provisions, of the Southold Building and Zoning Codes and any
other Federal, State or Local Laws or Federal Communication
Commission (FCC) regulations pertaining to such facilities.
5. Section 100-162. Location of Use is hereby added as follows:
No wireless communication facility shall be used, erected or
attered in the Town of Southotd except as follows:
A. tn Residential and Madne Districts incfuding AC. R80, R40,
R120, R200, R400, AHD, HD, RR, RO, MI, and Mil. a wireless
communication facility is subject to site plan approval and must
meet the following requirements.
(1) Wireless Communication Facility on Buildings - Shall require a
special exception approval pursuant to this article. Wireless
communication facilities on buildings shall be no higher than ten
feet above the average height of buildings (excluding signs,
fences, and walls) within 300 feet of the proposed facility. The
building on which the Wireless Communication Facility is located
must be located at least one hundred feet (100) from the
nearest property tine and three hundred feet (300') from any
landmark property or district listed by federal, state or Town
agencies.
(2) V~/~refess communication facilities on Existing
Telecommunications Towers snail require a special exception
approval pursuant to this chapter unless otherwise aitowed bv the
terms of a prior special exception approval.
3
(3) Wireless Communication Facility on Telecommunications
Towers - Shall require special exception approval pursuant to this
article and shall not project higher than ten (10) feet above the
average height of buildings (excluding signs, fences, and walls)
within three hundred (300) feet of the facility or, if there are no
buildings within three hundred (300) feet, these facilities shall not
project higher than ten(10)feet above the average tree canopy
height in that radius measured from ground level. If there are no
buildings within three hundred (300) feet of the proposed fadlity
site, all telecommunication towers shall be surrounded by dense
tree growth t,o screen views of the facility in ail directionS. The base
of the tower ,shall be located at least one hundred (100)feet from
the nearest property line and three hundred (30i0)feet from a
landmark property or district listed by federal, state or town
agencies.
(4) A wireless communication facility is a permitted use, not
requiring site plan approval, if located on property owned, leased
or otherwise controlled by state, federal or town government,
provided a license or lease authorizing such facility has been
approved by that government. The height of such facility may be
established by the public agency.
(5) A wireless communication facilities is a permitted use, not
requiring site plan approval, if located on property owned, leased
or otherwise controlled by a speciai district, provided a license or
lease authorizing such facility has been approved by the
commissioners of the special district, and provided that it does not
exceed the maximum heights specified above.
B. In Commercial Districts including LB, HB and B a wireless
communication facility is subject to site Plan approval and must
meet the following requirements.
(1) Wireless communication facilities on Buildings are a Permitted
use. Wireless communication facilities on buildings shall be no
hig~qer than twenty feet at~ove the average height of buildings
(excluding signs, fences, and walls) within 300 feet of the
proposed facility. Wireless communication facilities on buildings
must be located at least three hundred feet (300') from any
landmark property or distdct listed by federal, state or town'
agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers are a permitted use unless otherwise
restricted pursuant to the terms of a prior special exception
approval.
(3) Wire Communication Facility on Telecommunications Towers
are a Permitted use, but shall not project higher than twenty feet
above the average height of buildings (excluding signs, fences,
and walls) within three hundred (300) feet of the facility or, if there
are no buildings within 300 feet, these facilities shall not project
higher than twenty feet above the average tree canopy height in
that radius measured from ground level. If there are no buildings
within three hundred (300) feet of the proposed fadlity site, all
telecommunication towers shall be surrounded by dense tree
growth to screen views of the facility in all directions: .These trees
may be existing on the subject property or planted on site. The
base of the tower shall be located at least one hundred feet (100')
from the nearest dwelling unit and three hundred, feet (300') from
any landmark property or district listed by federal, state or town
agencies.
(4) A wireless communication facility is a permitted use, not
requiring site plan approval, if located on proper~y owned, leased
or otherwise controlled by state, federal or town government,
provided a license or lease authorizing such facility has been
approved by that government.
C. tn Industrial Districts including LI and LIO, a wireless
communication facility is subject to site plan approval and must
meet the following requirements.
(1) Wireless communication facilities on buildings are a permitted
use provided the height_ of the wireless communication fadlity
does not extend more than one hundred feet (100') above the
existing grade and the wireless communication fadlity is
located at least one hundred feet (100') from the nearest prope,~
line and three hundred feet (300') from any landmark property or
distdct listed by federal, state or town agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers are permitted unless otherwise
restricted pursuant to the terms of a prior spedat exception
approval.
as follows:
(3) Wireless Communication Facility on Telecommunications
Towers are a permitted use provided the height of the tower above
grade does not exceed one hundred feet (100') above the existing
grade and provided the base of the tower is located at least one
hundred feet (t00') from the nearest dwelling unit and three
hundred feet (300') from any landmark property or district listed by
federal, state or town agencies.
(4) A wireless communication fadlity is a permitted use, not
requiring site plan approval, if located on property owned, leased
or otherwise controlled by state, federal or town government,
provided a license or lease authorizing such facility has been
approved by that government
7. Section 100-163. Special Exception Approval is hereby added
A. Authority. The Zoning Board of Appeals shall be empowered to
issue a special exception approval for wireless communication
facilities, subject to the provisions of this Chapter.
B. Standards. In addition to the standards in Article XXVI
of this code, no special exception approval shall be granted unless
the Zoning Board of Appeals specifically finds and determines the
following:
(1) that the applicant is a public utility, and
(2) that construction of the proposed fadlity or modification of the
existing fadlity is a public necessity, in that it is required to meet
current or expected demands of the telecommunications
provider and to render adequate servic~e to the public, and
(3) that the applicant has made substantial effort to locate or
collocate on existing towers, or failing that. that the applicant has
made substantial effort to locate on federal, state or town land and
facilities, and
(4) that the facility conforms with applicable FCC regulations; and
(5) that there are compelling reasons, economic or otherwise,
which make it mcre feasible to construct the proposed facilities
than alternatives.
C. Matters to be considered, in addition to the matters
to be .considered in Article XXV1 of this code, the Zoning Board of
Appeals shall give consideration to the following in issuing a
special approval for wireless communication facilities:
(1) the height of the proposed tower shall be the minimum
necessary to render adequate service, and
(2) the wireless communication facility has been situated to
minimize its proximity and visibility to residential structures,
residential district boundaries and landmarks designated by town,
federal, or state agencies, and
(3) the wireless communication facilities is designed and situated
to be compatible with the nature of uses on adjacent and nearby
property, and
(4) the wireless communication facility has been designed to use
the surrounding topography to minimize its visual impacts, and
(5) the wireless communication facility has been designed to use
the surrounding tree, building or foliage coverage to minimize its
visual impacts: and
(6) the wireless communication facility maximizes design
characteristics to reduce or eliminate visual impacts or
obtrusiveness, and
(7) that other adequate conditions have been placed on the
w~reless communication facility which will minimize any adverse
impacts of the facility on adjoining properties.
D. Application Requirements. In order to make the above
desc,'ibed determination, the Zoning Board shall require the
following in addition to the requirements of Article XXVl:
(1) Each application shall include a survey clearly indicating:
(a) the location; type and height of the wireless communication
facilities: (b) whether it is located on an existing structure,
collocated or cna telecommunication tower; (c) on-site land uses
and zoning; (d) adjacent Iand uses, structures and zoning within
300 feet; (e) distances between ail structures: (f) iocation of
landmark listed by federal, state or town agencies ,~thin
300 feet; (g) adjacent roadways and/or odvate rights of way: (h)
proposed means of access; (i) setbacks from property lines; (j)
elevation drawings of the structures; (k) a long environmental
assessment form with visual addendum; (1) and other information
deemed by the Zoning Board to be necessary to assess
compliance with this law.
(2) Each application shall include a written site location alternative
analysis describing the location of other sites considered, the
availability of those sites, the extent to which other sites do or do
not meet the provideCs service or engineering needs, and the
reason why the subject site was chosen.
(3) The applicant shall document to the satisfaction of Zoning
Board of Appeals that a good faith effort has been made to locate
or collocate on existing towers or other available and appropriate
buildings and structures, that it is not feasible to collocate on an
existing facility and that the proposed location is necessary to
provide adequate service to the public. The documentation shall
include a notarized statement by the applicant as to whether
construction of the wireless communication facility will
accommodate Collocation of additional antennas for future users.
(4) Each application shall include a plan which shall reference
all existing Wireless Communication Facility locations in the
Town of Southotd. any such facilities in the abutting towns which
provide service to areas within the Town of Southold, any changes
proposed within the following ~elve (12) month pedod, including
applicant's plans for new locations and the discontinuance or
reiocation of existing wireless facilities. Alternatively, at the
beginning of the year the applicant may submit an Annual Wireless
Communication Facility Plan containing the aforementioned
information for the calendar year.
(5) A landscape plan showing specific landscape materials, fencing
and maintenance arrangements.
(6) The Zoning Board of Appeals may resin technical consultants
as it deems necessary to provide assistance in the review of the
needs and site location alternatives analyses and other matters
that the Board deems necessary. The applicant shall bear We
reasonable cost associated with such consultation, which cost shall
be assessed as an additional application fee. tn no case shall the
fee be more than five percent (5%) of the total project cost as
de~.ermined for building permit fee assessment purposes.
(7) A copy of the deed or lease agreement establishing applicant's
right to use the parcel on which the wireless communication
facilities is to be located.
(8) An engineering analysis of the radio emissions and a
propagation map for the proposed wireless communication facility.
The analysis shall be prepared and signed by a New York State
licensed professional engineer specializing in electrical
engineering with expertise in radio-communication fadlities. The
results from the analysis must clearly show that the power density
levels of the electromagnetic energy generated from the proposed
facility are within the allowable limits established by the FCC which
are in effect at the time of the application. If the .wireless
communication facilities would; be collocated with an existing
facility, the cumulative effects of them must also be analyzed. The
power density analysiS shall be based on the assumption that all
antennas mounted on the proposed facility are simultaneously
transmitting radio energy at a power level equal.to the maximum
antenna power rating specified by the manufacturer.
(9) A "search ring" prepared, signed and sealed' by a qualified
radio frequency engineer registered in New York and overlaid on
an appropriate background map demonstrating the area within
which the wireless communication facility needs to be located in
order to provide proper signal strength and coverage to the target
cell. The applicant must be prepared to explain to the Zoning
Board why it selected the proposed site, discuss the availability or
lack thereof of a suitable structure within the search dng for
collocation, and the extend to which the applicant has explored
locating the proposed tower in a more intensive use district.
Correspondence with other telecommunication providers
conceming collocation is part of this requirement.
E. Conditions. The Zoning Board shall consider the following in
establishing conditions on the issuance of the special exception
approval.
(t) In reviewing special exception approval applications required
by this Section the Zoning Board of Appeals shall consider the
Town's policy as stated in this Ardcle. When considering
appropriate height in conjunction with such applications, the
Zoning 8oard of Appeals shall be more permissive when a faciii~
is proposed for collocation by more than one serwce provider_ end
less permissive when the facility is proposed for use by a single
provider.
(2) In approving a Special Exception the Zoning Board may waive
or reduce the criteria in this Article, to the extent specified below, if
the Zoning Board concludes that the goals and stated purposes of
this law are better served, and that doing so will have no
detrimental effect on adjacent properties or on the public health,
safety and welfare and thereby:
Increase the height of the proposed tower up to fifteen
feet over the height allowed by this code, with a maximum
total height of no more than sixty feet (60').
ii. Minimize proximity of the tower to residential structures or
histodc landmarks listed by federal, state or town
agencies;
iii.
Modify the planting of surrounding tree coverage and
foliage to account for existing vegetation and land
contours;
iV.
Modify the design of the tower, with particular reference
to design characteristics that reduce or eliminate visual
obtrusiveness:
(3) At the request of the building inspectors, which shall be no
more ~equently than annually, the provider shall have each
wireless communication facility inspected at its own expense, and
a copy of the inspection report shall be promptly transmitted to the
building inspector. Radio emission inspections shall be performed
by a New York State licensed professional engineer specializing in
electrical engineenng with expertise in radio communication
facilities. The radio emission inspection shall describe the power
density levels of the electromagnetic energy generated ~om the
facility, including the cumulative effects of collocated antennas. In
the event that the radio emission inspection indicates that the
electromagnetic ener~ generated from the facility are ai:ove the
alto,crable limits stated within the applicable FCC or ANSl
standards or other applicable state or federaJ guidelines in effect,
the applicant shail cease all use of the faciiity until such time as it
proves to the satisfaction of the building inspector that the power
density levels of the electromagnetic energy to be generated are
I0
below the applicable standards.
(4) Any special exception approval granted under this Article shall
have a term of five years, commencing from the grant of the special
exception, which may be extended for an additional five year term
upon application to the Zoning Board. On a renewal application,
the applicant Shall demonstrate that the wireless communication
facility is in compliance with all applicable laws, rules and
regulations and with all of the conditions of the special exception
approval and site plan, that the facility is necessary to provide
adequate service, and that there is no reasonable alternative
available to the owner which will provide adequate service without
the continuing use of the fadlity. Subsequent special exception
renewals shall be subject to review by the Zoning Board and
subject to such standards that shall be included in the Town Code
at that point in time.
8. Section t00-164. Historic Buildings and Districts is hereby
added as follows:
No wireless communication facility is allowed on any designated
landmark property or district listed by federal, state or town
agencies, except as specified below:
A. Any wireless communication facility located on
or within an historic structure listed by federal, state or town
agencies shall not alter the character-defining features, distinctive
construction methods, or original materials of the building.
B. Any alteration made to an historic structure to
accommodate a wireless communication facility
shall be fully reversible.
C. Wireless communication facilities within an histodc distdct
tisted by federal, state or town agencies shall be concealed within
or behind existing architectural features, so that they are not
visible.
9. Section 100-t65. Design Standards is hereby added as follows:
The following design standards shall apply to wireless
communication facilities installed or constructed pursuant to tP, e
terms of this chapter.
!1
A. Camouflage on Buildings. When a wireless communication
facility extends above the roof height of a building on which it is
mounted, every effort shatl be made to conceal the facility within or
behind existing architectural features to limit its visibility from public
ways and residential uses but still permits the facility to perform its
designated function. Facilities mounted on a roof shall be stepped
back from the front facade in order to limit their impact on the
building's silhouette. The wireless communication facilities shall
blend in.with the existing building's architecture and, if over five (5)
square feet, shall be painted or shielded'with matedal which is
consistent with' the design features and materials of the building.
8_ The minimum lot size for the siting of a telecommunication tower
shall be ~n accordance with the following. No tower can be built on
a lot which is nonconforming in size to the requirements set forth
below:
Minimum Lot Area-
Commercial Districts
Minimum Lot Area-
Residential and
Marine Districts
Minimum Lot Area-
Industrial Districts
Per Bulk Schedule per 5 acres
zone
Per Bulk Schedule
per zone
C. Setbacks. Towers and Equipment Facilities shall adhere to the
setbacks for principal uses in the Bulk Schedule applicable to the
zone in which the structure(s) are located.
D. Fencing. The base area of a telecommunication tower and
equipment fadlity shall be enclosed with a black vinyl chain link
fence not less than six feet (6') in height.
E. Signs. Signs shall not be permitted on towers except for signs
displaying contact information and safety instructions. Such signs
shall not exceed five (5) square feet in surface area.
F. Equipment Facility. Equipment accessory to the wireless
communication facility may be located within an existing building.
tn newty constructed buildings and struc',ures an equipment facility
~s limited to 500 square feet in floor area. If the newly constru~ed
~qu~pment facility is designed for collocation, the fadlity may be up
to 1000 square feet. The equipment facility shall be constru~ed
with a finish similar to that of adjacent structures on the prope~y
12
and integrated into the architectural style. Any newly constructed
equipment facility shall be located in accordance with the minimum
height and yard requirements of the zoning distdct applicable to
the site and no more than two adjacent off-street parking spaces
shall be provided for service vehicles. Any regrading for
stormwater retention that is required by the Town Engineer shall be
accommodated on-site.
G. Site Lighting. As independent freestanding facilities on separate
sites will not be accessible to the public, the lighting permitted shall
be the minimum required to protect the public welfare. Facilities
sited on existing developed sites shall be incorporated into the
lighting and landscaping plans of those sites.
H. Access. Access to tower or monopole areas shall be from
established site access points whenever possible.
I. Dish Antennas. Dish antennas shall be colored, camouflaged or
screened to the extent that they are as unobtrusive as possible and
in no case shall the diameter of a dish antenna exceed six feet (6').
J. EIectdc Line Setback. No wireless communication facility shall
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 etectdc transmission line carrying more than two hundred
twenty (220) volts.
K. Collocation. Wireless Communication Facilities shall be
designed to provide for collocation by multiple providers; or
designed so that they can be retrofitted to accommodate multiple
providers.
10. Section 100-166. Appearance is hereby added as follows:
A. Scenic Landscapes and Vistas. All telecommunication towers
which are not camouflaged by existing buildings or structures shall
be surrounded by a buffer of dense tree growth. A wireless
communication facility that is located within 300 feet of a scenic
vista, scenic landscape or scenic road, as designated by the town,
shall not exceed the height of vegetation at the proposed location.
tf the faciiity is located farther than 300 feet ,'rom the scenic vista,
scenic landscape or scenic roaQ. the height regulations described
elsewhere in this article shall apply.
13
B. Base Landscaping. A screen of evergreen trees shall be
planted outside the fence of the telecommunication tower base
area to provide a visual screen or buffer for adjoining private
properties and the public right-of-way. Required front yard setback
areas shall be landscaped.
C. Color. Towers shall either be blue/gray in color, have a
galvanized finish, or be colored appropriate to the tower's
locational context to the extent that the tower is as unobtrusive as
possible, unless otherwise required by the Federal Aviation
Administration (FAA). If a wireless communication facility is
installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a
neutral color that is identical to or closely compatible with the
colors of the supporting structure so as to makethe ,antenna and
related equipment as visually unobtrusive as possible.
D. Camouflage by Vegetation for Residential Screening.
Where the site proposed for a freestanding tower structure is
located within a residential zone or has one or more property lines
abutting or on the opposite side of a street from a residential zone
or use permitted in a residential zone, large trees and/or existing
and proposed buildings on the site shall be used to provide an
angle of occlusion from the property tine to the top of the s~ructure
of 50 degrees or less (50 degrees from the horizon line. is the
upper limit of the normal vertical cone of vision). To achieve the
occlusion, a row of mixed deciduous and evergreen trees
shall be preserved and/or planted at 50% of thedistance between
the tower and the property line, and a second row at 90% of the
distance between the tower and property tine (see illustrations
below). Transplanted trees shall have a minimum caliper of 3
inches, be spaced on 30 foot centers and have a ~pical height at
maturity of at least 50 feet. A three year bond or other assurances
shall be required to ensure that the plantings survive and are
maintained.
t4
EL_~IA~ON VIEW
PLAN VT~N
"!00'
<50' '- ' '-
E. Alternate Screening. The location of a cellular wireless
communication facility on an existing water tower, silo or equivalent
verdcal structure, ~ncluding an existing cellular, radio or television
tower, is permitted without the need to meet Conditions A, B, C and
D above, provided that the height of the existing structure is not
increased as a result of the attachment of the cellular structure. A .
decorative disguising structure such as a clock tower may also be
approved as an alternative to Conditions A, B, C and B at the
discretion of the Zoning Board. If the height of the existing
structure is to be increased by the attachment of the new structure,
all of the conditions herein shall apply as to a new fraestanding
structure.
F. Commercial and Industrial Siting. Towers to be sited on
developed commercial or industrial properties shall be located to
the rear of other princiuat buildings and shall not encroach on
planting buffers, parking areas or otherwise impair the operation of
previously approved systems such as stormwater drainage basins.
Existing buildings and structures should be used in the siting of
freestanding towers to contribute to the visual screening of the
follows:
tower.
G. Commercial. Towers to be sited on undeveloped properties in
the commercial aistricts shall apply the standards of the condition
in §100-165(C) herein to all property lines, including the streetline,
except that a driveway shall be permitted to gain access to the
fadlity for maintenance personnel and equipment.
H. Airport Regulations. All towers shall comply with applicable
Airport Hazard Regulations and shall be subject to approval from
the Federal Aviation Administration for location, height and lighting
to prevent interference with the operation of an airport or otherwise
threaten the public safety.
11. Section 100-167. Removal is hereby added as follows:
A. Any Wireless communication facility that is not operated for a
continuous pedod of twelve (12) months shall be deemed
abandoned. At that time the owner of the wireless communication
facility shall remove same within ninety days of suc~h deemed
abandonment. In the case of a wireless communication fadtity
on preexisting structures, this provision shall apply to the wireless
communication facility only. tf the wireless communication
facility is not removed with the said ninety (90) days, the building
inspectors may, with the approval of the Town Board, give the
owner notice that unless the removal is accomplished in thir[y (30)
days, the town will cause the removal at the owner's expense. The
grant of a special exception approval under this Article s,halt
include irrevocable permission to the town to accomplish removal
of the wireless communication fadlity under this Article. Any cost to
the town for such removal, shall constitute a lien on the tax lot on
which the tower is situated and shall be collected inthe same
manner as a town tax upon real property.
12. Section 100~168. Nonconforming Uses is hereby added as
Pre-existing telecommunication towers shall be allowed to continue
their usage as they presently exist. New cons~ction, other than
maintenance on a pre-e~sting tower, shall comply with the
requirements of this ordinance.
13. Section 100-169. Severabitity is hereby added as follows:
16
The various parts, sections and clauses of this local law are hereby
declared to be severable, ff any part, sentence, paragraph, section
or clause is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of the ordinance shall not be
affected thereby.
14. Section 100-31. Use regulations in A-C, R-80, R-120, R-200
and R-400 Districts is hereby amended as follows:
B. Uses permitted by special exception by the Board of
Appeals. The following uses are permitted as special exception by
the Board of Appeals, as hereinafter provided, and, except for two
family dwellings and the uses set forth in Subsection B(14) hereof,
are subject to site plan approval by the Planning Board:
6) Public utility rights-of-way as well as structures and other
installations necessary to serve areas within the town, except that
wireless communication facilities must obtain approval pursuant to
Article XVl, subject to such conditions as the Board of Appeals may
impose in order to protect and promote the health, safety,
appearance and general welfare of the community and the
character of the neighborhood in which the proposed structure is to
be constructed.
15. Section 100-131. Use regulations in the L10 District, is hereby
amended as follows:
B. Uses permitted by special exception of the Board of
Appeals. The following uses are permitted as a speciaLexception
by the Board of Appeals as hereinafter provided, subject to site
plan approval by the Planning Board:
(4) Public utility structures and uses, except that wireless
communication facilities must obtain approval pursuant to Articie
XVl.
16. Section 100-230 (D) Exceptions and modifications, is hereby
amended as follows:
D. Height exceptions. The height limitations of this chapter shall
not apply to:
(I) Spires. beifdes, cupolas and domes not for human occupancy;
and monuments, transmission towers, exc!uding
t7
State.
II.
telecommunication 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
but excluding wireless communication facilities, provided that any
such structures that are located on any roof area that exceed in
height the limits in the particular district shall not in ,the aggregate
occupy more than twenty percent (20%) of the horizontal area of
the roof and are set back one (1) foot from the edge of the roof for
each additional foot in height greater than the specified height,
(3) All mechanical equipment necessary to operate building
services, which equipment is located on the roof of a structure,
shall be screened in a manner approved by the Planning Board.
This local law shall take effect upon filing with the Secretary of
18
(Complete the ce~ification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
[ hereby certi£v tlaat .the local taw annexed hereto, designated as local taw No ...... .2~ ........................ of 19---¥--
' - / ...... ~'~':~hZXXTown¥~chlgat~ of Southold .... was duly passed by the
...... ,_,. ...... in accotda= the appl = te
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify thai the local law annexed hereto, designated as local law No ............................. of 19 .....
of the (County)(CitY)Crown)Cv-fllage) of ..................................................... was duly passed by the
.......................................... on ............... 19 ---, and was (approved)(not approved)(repassed after
(~l~¢ of.L~gidati*~
disapproval) by the .............................................. and was deemed duly adopted on ............. 19
m accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify ,'.hat ',he local law annexed hereto, desi=o2tated as local law No .................................. ut' ;9 .....
of ,,he ('CounL~)(City)(Town)(~4ilage) of ............................................................... was duly passed by the
................................................... on .................. !9 ..... and was (approved)(not approved)(repassed a~er
disapproval) by :he ................................................. on ................... !9 .....Such local law was subrr, irted
ro the people by mason of a (rr, andatory)(permiasive) referendum, and re~ived the affirmative vote of a majority o(
;,ne qualified ei~ctors voting thereon at the (geneml)(spe~al)(annual) election hem on ................ 19--- , in
accordance wit~ ~.he appiicabie provisions of law.
(Subject to permissive referendum and f'mai adoption because no valid petition was ~ed requesting
referendum.)
I lxereby certify rMt the local law annexed hereto, designated as local law No ............................ o£ i9 ......
of the (County')(City)(Town)(Viilage) o£ ............................................................ was duly passed by the
.................................................. on .................. 19- .... and was (aFproved)(aot approved)(repassed after
disaovroval'~ bv ~he .................................................. on .................. !9 .... Such loci law was subje~ to
,~errmssive referendum and no valid petition requesnng such re£erendum was flied as o£ ............... I~--- , in
accordance w~th the appiicabie provisiorm of law.
E!ec:ive Chief Executive Officer means or includes the chief executive officer ufa coun~ eiec'.ed ua a county.-
wide basis or. i£ r~here be none- 'die ¢2nair-pe. rson of ti-re county, legislative body, the mayor ufa ciD- or village, or
:~e supe.-wisor of a town where such officer is vested wit.h the power ro approve or ve*.o local laws or ordinance.
(~)
~ (CtU local law concerning Charter revision proposed by petition.)
I hereby.certify that the local law annexed hereto, desig,aated as local law No ............................... of 19 ......
o£ the City of ............................................ having been submitted to referendum pursuant to the provisioms of
section (36)(3W) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (speciat)(geneml) election held on ................ 19---,
became operative.
6. (County loc. al 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 submit'ted to the electom
at the General Election of November 19 .... , pursuant to sabdivisiom 5 and 7 of section 33 of the
Manic/pal Home Pate Law, and having received the affirmative vote ora majority of the qtmlified etectom of the cit-
ies of said county as a unit and a majority of the qualified electom of the towns ofsaid county comidered as a anit
voting at said general election, became operative.
(SeaO
Clf any other authorized form of t'mal adoption has been followed, please provide an appropriate certification.)
I further certi~ that I have compared the preceding local law w/th the original on file in this office and that the same
is a correct transcNpt thereh'om and of tM whole of such oH_g/mi local taw, and was finally adopted in the manner m-
Judith T. Thrr¥~ Town Clerk
November 13, 1997
Date:
(Certification to be executed by Coun~ Attorney, Corporation Counsel, Town .4~,orney, Yillage Attorney or
other authorized attorney of locality.)
s-~'m °F N~-~/~°U~:FO L K,
L the und~i~ed, hereby ~ that the fo~ng~I~al hw con~i,s the ~ te~ a~ ~at afl pm~r p~ee~ -
Nave been Md or ~n [or ~e em~ment of the lo~ l~w annexed hem~
~u~ k. Dowd, Town Attorney
Dam:
Southold
November 13, 1997
(203
~LEXAN~ER F. TREAD~EIL
SECRETARY Of STATE
STATE Of NEW York
DEPARTMENT Of STATE
ALBANY. NY 12231-0001
November 26, 1997
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 26, 1997, filed 11/17/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of state Records
(518) 474-2755
JGD:ml
~l~ printed on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
SEPTEMBER 16, 1997
8:00 P.M.
ON THE PROPOSED "LOCAL
COMMUNICATION FACILITIES".
LAW I N
RELATION TO WIRELESS
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend,
Councilwoman Ruth D. Ol|va
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Jr.
SUPERVISOR COCHRAN: Councilman Moore will be reading the first Code
change. It is a hearing on a Local Law in Relation to Wireless
Communication Facilities.
COUNCILMAN MOORE: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southoldr Suffolk County, New
York, on the 19th day of August, 1997, a Local Law entitled, "A Local
Law in Relation to Wireless Communications Facilities". Notice is further
given that the Town Board of the Town of Southoid will hold a public
hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main
Road, Southold, New York, on the 16th day of September, 1997, at
8:00 P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Wireless Con'a,unication Facilities"
reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southoid as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 100-t 3 (Definitions) is hereby amended as follows:
BUILDING - Any structure havino a roof suo0orted bv such
lhinas as cotumns oosts, o~ers, wails or air intended for the
shelter, business, houslna or enclosina of persons, animals.
orooertv or other materials: also any combination of materials
forrnina any construction, exceot where entirety undercfround
pg 2 - PH
so as to c~ermit the use of the qround above the same as if
no "buifdino" was oresent. The term ~buitdlno" sh~l include
the term "structure' as well as the followina:
(1) Siqns.
f2~ Fences.
(3~ Walls.
f4~ Radio. television and wireless communication facility
receivina and transmittina towers and antennas, exceot
for radio andtelevision such antennas installed on the
roof of a buitdinc~ and extendina not more than twenty
f20} feet above the hiahest level of the roof of such
buildin.q.
Porches. outdoor bins and other similar structures.
2. Article XXll is hereby added and shall be entitled "WIRELESS
COMMUNICATION FACILF¥1ES. '
3. Section 100-220. Puroose is added as follows:
The pur[~ose of '~his section is to orovide sound land use [~olicies.
procedures and reaulations for wireless communication facilities.
These will ~rotect the community from the visuat or other adverse
impacts of these facilities, while encouraeina their unobtrusive
develoement, and will ensure com[~rehensive wireless services in
the Town of Southold with its benefits to residents and businesses.
The placement of wireless communication fadtities in Southolds
rural residential zones constitutes a sienificant intrusion and
therefore the a~olicants have a strict burden of proof to establish
the need for such fadlities in residential zones. Furthermore. the
standards herein reflect two preferences: f 1~ that wireless
communication facilities are more oreferred in industrial areas and
less preferred in residential areas and f2'~ that wireless
communication facilities be located on existin(~ buiidinas and
towers rather than on newly constructed towers. Any wireless
communication facilities must take into account the aesthetic
aspects of the town. inc/udin(] ooen vistas, scenic byways and
historic districts.
pg 3 - PH
4. Section 100-221. Sco~e is added as follows:
The requladone of this section shall oovern and control the
erection, enlaroement, exuansion, alteration, ooeration.
maintenance, relocation and removal of ali personal wiretess
communication facilities. The reoulatione of this section relate to
the location and desion of these facilities ane shall be in addition to
the orovisione of the Southotd 8uitdino and Zonino Codes and any
other Federal_ State or Local Laws or Federal Communication
Commission fFCC~ re~utafJons oertairtino to such facilities,
5. Section 100-222. Definitions is added as follows:
A. Wireless Communication Facititv. A wireless communication
facility is *any unstaffed fadlitv for [he transmission and/or reception
of wireless telecommunications services usuallv consistina of an
wireless communication fadlit¥ array, connection cables, an
e~u~ornent ~Cilitv. and a suDuort structure to obtain the necessarv
elevation.
B. Wireless communications. Wireless communications shall mean
any oersonal wireless services as defined in the ~ , l
'Feiecommunications Act of 1996. which includes FCC licensed
commercial wireless telecommunications services inctudino cellular
personal communication services, soeciaiized mobile radio.
enhanced soecialized mobile radio, oaoine, and similar sepzioes
that currentlv exist, or that may in the future be develooed.
C. Telecommunication Tower. A telecommunication tower is s
structure desioned and constructed specifically to sup¢ort an
antenna array, and may include a mono~ole, setf-supoortine tower,
our-wire suuoort tower and other similar structures. A wireless
communication fecilitv attached [o an existin6 buitdino or structure
Shall be excluded from this definition,
6. Section 100-223. Location of Use is hereby added as follows:
No wireless communication facilib/shall be used. erected or
altered in the Town of Southold except as follows:
A. In Residential and Marine Districts including AC. R80. R40.
R120, R200. R400, AHD, HD. RR. RO, MI. and Mil. a wireless
communication facility is subject to site plan aooroval and must
meet the fotlowino reouirements. Wireless communication fadlities
are soecificatlv prohibited on any desionated landmark orooertv or
in districts listed by the Society for the Preservation of Lono Island
Antiouities fS.P.L. 1.A), federal, state or town aoencies:
pg ~- - PH
(11 Buildinas -Shall reauire a special exception Wireless
Communication Facility on Non-Residential approval, which mav
be issued provided the buildinas are thirty five feet f35'1 or areater
in heiahf, and the wireless communication fadlities and related
support structures do not extend more than 'b~entv feet f20'~ above
the roof line. The buildina on which the Wireless Communicat~on
Facility is located must be located at least one hundred feet (t00)
from the nearest property .line 'or three hundred feetf300'~ fromanv
landmark Dro~e~¢ ordistrict listed by S.P.L;EA.. federal, state or
town aaencies.
(21 Wireless communication fadtities on Existina
TelecommunicatiOns Towers - Shall require a special exception
aooroVal~oursuant to this chapter unless otherwise allowed bv the
terms of a odor soeciat exception approval.
f3} Telecommunications Towers - Shall reauire a soecia!
exca~tio~ approval pursuant to this chauter, which may be issued
provided the tower is no areater than sixty feet (60'. The base of
the tower shall be located at least one hundred fl00) feet from
the nearest: arooertv line or three hundred feet f300'~ from a
landmark arooertv or district listed by S.P.LI.A.. federal, state
or town ac~enc~es.
f4) A:wireless communication facility is a permitted use if located
on orooer~v owned, leased or otherwise controlled by state, federal
or town aovemment, arovided a license or lease authodzino such
antenna or tower has been approved bv that aovemment.
B. In Commercial Districts includina LB. HB and B a wireless
communication fadlitv is subject to s;te alan approval and must
mee~ the foitowina reauirements. Wireless communication facilities
are soecificallv prohibited in any desionated landmark property or
in districts listed bv S.P.LI.A.. federal, state or town apencies.:
f 1} Wireless communication facilities on Buitdinos - Permitted on '
all buildinos which are thirty five feet f35'~ in heioht or creater.
orovidec the wireless communication facilities and related support
structures do not extend more than twenty feet f20'} above the roof
line of such buildinas.
f2~ Wireless communication facilities on ExistJno
Telecommunications Towers -Permitted unless otherwise restricted
pursuant to the terms of a or,or special exception approval.
pg 5 - PH
~'31 Telecommunications Towers -Permitted if the heioht of the
tower above arade does not exceed seventy five feet f75'}, and
provided [he 2ase of the tower is located at least one hundred feet
¢1003 from the nearest dwellinc~ unit or three hundred feet f300")
from any landmark property or district listed by S.P.LLA.. federal.
state or town aaencies.
f4~ A wireless communication facility ~s a permitted use if located
OR rroCeI'~V ,-,,.r,=H : .....~¢,4...-~..~d-=r, 'c~ ...,,.r. troll=.,.../
or ;own .':overrm:~.:.'L~"..'~.~.,.~,,.. ,. .u~- ~- icense or 'esso eur.'.',oriz!r:~ sac,"
C. t~ Industrial Oistrims indudina LI and LiP. a wireless
communication fadlitv is subject to site plan approval and must
meet the foltowina reauirements. Wireless communication facilities
are specifically prohibited in any desianated landmark orooer~v or
in districts listed by S.P.Lt.A.. federal, state or town aoendes.:
fl } Wireless communication facilities on Buitdinqs -Permitted on all
buildinas provided the height of the wireless communication facility
does not extend more than one hundred feet (1003 above the
existina arade and the wireless communication fadlit¥ is
located at ]east'one hundred feet fl00"~ from the nearest, oroeertv
lioe or three hundred feet (300'~ from any landmark property or
distridt listed by S.P.LI.A.. federal, state or [own aqencies/
(2) Wireless communication facilities on Existina
Teiebommunications Towers -Permitted unless otherwise restricted
pursuant to the terms of a onor s~ecial exception approval.
(3/Tetecommunications Towers -Permitted provided the heioht of
[he tower above orade does not exceed one hundred feet f.1003
above ~he existino orade and provided the base of the tower ;s
located at least one hundred feet fl00'~ from the nearest dwellino
unit or three hundred feet f3003 from env landmark property or
district listed by S.P.LLA.. federal, state or town
aqencies.
(4~ A wireless communication facititv is a permitted use if located
or~ oroeer~v owned, leased or otherwise controlled by state, federal
or town ~overnment. provided a license or lease authodzino such
antenna or tower has been approved bv that ~ovemment.
7. Section 100-224. Special Exception Approval is hereby added
as follows:
pg 6 - PH
A. Authority. The Zoninc~ Board of Apoeals shall be empowered to
issue a special ~xcegdon a~oprovat for wireless communication
facilities; subiect to the orovisions of this Cha~ter.
B. Standards. In addition to the standards in Article XXVI
of this code. no soecial exception aoDrovat shal:l be (~ranted unless
the Zonirfo Board of Apoeals specifically finds and determines the
fOltowinq:
that the applicant is a oubtic utility, and
f21 that construction of the orouosed facifitv or modification of the
eXistinc~ fadtitv is a oublic necessity, in that it is rec~CJired 'to"render
adec:uate service to the oublic, and
(3'~ that the opel;cant has made substantial effort to locate or
cOqocate on existino towers, or faitino that. that the ao~)iicant has
made substantial effort to locate or on federal, state or
town Iand and facilities, and
(4'~ that there are competlin(~ reasons, economic or otherwise,
which make it more feasible to construct the orooosed fadlitJes
than alternatives.
C. Matters to be considered, in addition to the matters
to be considered in Article XXVl of this code. the Zonine Board of
Ap[~eals shall eive consideration to the followin(~ in issuino a
seeciat a~rovat for wireless communication facilities:
r 1 ~ the heiaht of the orooosed tower shall be the minimum
necessary to render adeauate service, and
(2} the wireless communication facility has been situated to
minimize its oroximitv to residential structures, residential
district boundaries and landmarks desienated bv town. federal.
S.P,L. LA.. or state aoencies, and
f3} the wireless communfcation facilities is desJaned and situated
to be com[~atible with the nature of uses on adiacent and nearbv
Brooertv. and
(4) the wiretess communication facility has been desiened to use
the surroundinc~ toooeraohv to minimfze its visual impacts, and
pg 7 - PH
(5~ the wireless communication facility has been desioned to use
the surroundine tree. buiidina or foliaae coveraae to minimize its
visual imoacts: and
(6~ the wireless communication facilitv maximizes desian
characteristics to reduce or eliminate visual
obtrusiveness, and
f7~ that other adeauate conditions have been ~lacad on the
wire Jess communication facility which will minimize any adverse
imoaCts Of the faciJitv on adioinina proderties.
D. Apglioation Reouirements. In order to make the above
descried determination, the Zonina Board shall reauire the
fol[owina in addition to the reauirements of Article XXVI:
fl ) Each a~o]ication shall include a survey ctearl¥ indicatina:
fa) ~he location, tvDe and heiaht of the wireless communication
facilities: lb) whether it is located on an existin~ structure,
located or on a telecommunication tower: ¢c', on-site land uses and
and zonina: ~d) adjacent ~and uses, structures and zonine within
300 feet: Ie'~ distances between all structures: (f~ location of
tandmark tisted, bv S.P.L.I.A.. federal, state or town a(~encies with
300 feet: (at adiacant ¢oadwavs and/or private riahts of way:
oro~osed means of access: fi} setbacks from pro~ertv tines:
elevation drawinas of the structures: Ck~ and other information
deemed by theZ. onina Board to be necessary to assess
comoliance With this law.
(2~ Each a~olication shall include a wdtten site location alternative
analysis descdbina the location of other sites corisidered, the
availability o~ those sites, the extent to which other sites do ,or do
not meet the ~revider's service or enqineerino needs, and the
reason whv;f~e;subiect site was chosen.
f3) The applicant shall document to the satisfaction of Zonina
Board of ADoe~ls that a aood faith effort has been made to locate
or co-locate en existine towers or other available and aoorooriate
buildings and structures and that the ~reoosed location is
necessary to orovide adeauate service to the'public. The
oocumentatidn shall include a notarizes statement by the aoolicant
as to whether COnstruction of the wireless communication facilitv
will accommodate collocation of additional antennas for future
users~
pg 8 - PH
(4~ Each application shall include a elan which shall reference
all existino Wireless Communication Facility locations in the
Town of Southotd, an,/such fadtities in the abuttine towns which
~rovide service lo areas within the Town of Southold. any chanoes
proposed within the followin(~ twelve f12' month period, includinq
applicant's plans for new locations and the discontinuance or
reiocal~on of existinq wireless fadlities. Alternatively. at the
beainnino of the veer the applicant mav Submit an Annual Wireless
COmmunication Facility Plan containina the aforementioned
information, for the catandar year.
[5'~ A .landscape D[an showina specific landscape materials, fencina
and ma'~ntenance arranaements.
f61 The,Zonina Board of Apoeats may retain technical consultants
as it deems necessary to provide assistance in the review of the
needs and site location alternatives analvsas and other matters
that the Board deems necessary. The applicant shall bear the
reasonable cost associated with Such consultation, which cost shall
be assessed as'an additional application fee. In no case shall the
feebe more than five percent (5%~, of the total project cost as
determined for buiidina cermit fee assessment purposes.
f7~ A coov of the deed or lease aoreement estabiishino applicant's
rieht to use the parcel on which the wireless communication
facilities is to be located.
E. Conditions. The Zonino Board shall consider the followina in
estabfishine conditions on the issuance of the soedai exception
approval.
f 1 ~ tn reviewin(~ special exception approval applications reeuired
bv this Section the Zonino 8pard of Aooeats shall consider the
Town's ooticv as stated in this Article, When considerin~
appropriate heioht in coniunction with such applications. The
Zonino Board of Appeals shall be more permissive when a facility
is orcoosed for collocation by more than one service-provider, and
tess permissive when the facility is orooosep for use bv a sinole
provider.
f2~ In aperovina a S~ecial Exception the Zonina 8pard
may waive or reduce the criteda in this Article. to the extent
s~2ecified below, if the Zonino Board concludes that doino so will
have no detrimental effect on adiecent properties or on the eubtic
health, safety and welfare and that the aoals and stated purposes
of this law are better served thereby:
pg 9 - PH ~
~. Heiaht of the proposed tower, orovidec [hat the heiaht is
kept at the lowest heioht than can be iustified;
Minimize proximity of the tower to es dental structures or
historic landmarks listed by S.P.L.I.A.. federal, state or
town aaencies:
iii. Plantinq of surroundino tree covera~le and foliaae;
iv. Desian of the tower, with particular reference to desian
characteristics that reduce or eliminate visual obtrusiveness:
f3'~ The applicant will provide documentation that the proposed
communications facility will have etectromaanetic emissions within
the safety standards established by the FCC as amended or any
suoersedina state or national standard in effect on the date the
Special Exception Aeproval Application is submitted to the Board.
8. Section t00-225. Desian Standards is hereby added as follows:
The fot]owino desk]n standards shall apply to wireless
communication facilities and telecommunications towers installed
or constructed :)ursuant to the terms of this chapter.
A. Collocation. Wireless Communication Facilities shall be
desianed to provide for collocation bv multiple providers: or.
desic~ned so that they can be retrofitted to accommodate multiple
[~roviders.
B. The minimum lot size for the sitino of a telecommunication tower
shall be in accordance with the followina. No tower can be built on
a lot which is nonconformin~ in size to the reouirements set forth
beiow:
Minimum Lot Area-
Minimum Lot Area- Residential and Minimum Lot Area-
Commercial Districts Marine Districts Industrial Districts
Per Bulk Schedule per 5 acres
zone
Per Bulk Schedule
per zone
C. Setbacks. Towers and Eouipment Facilities shall adhere to the
setbacks for principal uses in the Bulk Schedule applicable to the
zone in which the structurefs~ are Ioceted.
pg 10 - PH .....
D. Fencina. The base area of a telecommunication tower and
equioment facility shall be enclosed with a black vinyl chain link
fence not less than six feet (6') in heiaht.
E. Sions. Sians shall not be oermitted on towers exceot for sians
disolavina contact information and safety instructions:. Such sians
shall not exceed five (5) sauare feet in surface area.
F_ Eaui~ment Facility. Eauiument accessory to the wireless
communicatio~ facitit¥ may be located within an existina buitdina.
tn ne'Mwconstructed buildinas and structures an eauioment fadlitv
is limited to 500 square feet in floor area. If the newly constructed
equioment~fadtitv is desioned for co-location, the facititv may be uo
to 1000 sauare feet. The eauioment fadlitv shall be cc~s~cted
with a finish s~ilar'to that of adiace, qt structures On the prooertv.
Any nevcl¥constru~ed eeui~'nant fadlit¥ shall be locatedin
accordance with the minimum heiaht and yard reauirements of the
Zbnin~-di~,~ aopliC~bie f:olthe site;and ne more:than two adianent
o~f_~t'reet~bai'ki~ s~aces shall be ~rovided for service 'Vehicles.
Any ,'scraci~'.= -'or' s~ormwate;' re.'.ention :hat :srsC. Ulred bv :he
Tcw,'s.'-~c ~.,';~r'eer $..qai~ 28 ~ccommcdate.'.:. or-si:e. ,
G. Liahtina. As indeeendent freestandina facilities on seoarate
sites will :not- be accessible to the oublic, the liahtina oermitted shall
be the;minimum reauired to orotect the oublic welfare. Fadiities
si(ed ~ existir~a deVelooed etas s~!l be incoroorat~,~., into the
'icnzlr-C ~r,c sr'Qsosoinc =ions 3f :hose
H. Access. Access to tower or monooole areas shall be from
established site access ~oints whenever oossibte.
1. Dish Antennas. Dish antennas shall be colored, camouflaoed or
screened to the extent that they are as unobtrusive as oossible and
in no case shall the diameter of a dish antenna exceed six feet
J. No wireless communication facilitv shall be located nearer than a
distance e~uat to its heiont above the roof or other oermanent
structure to which it is attached to anv overhead electric
transmission ~ine oarrvfna more than two hundred twenty
volts.
9. Section 100-226. Aooearance is hereby added as follows:
A. Base Landscaoino. A screen of everareen trees shall be
olanted outside the fence of the telecommunication tower base
area to orov~de a visual screen or buffer for adioinino odvate
properties and the oublic rioht-of-wav. Re~uirad front yard setback
areas shall be landscaped.
B. Color. Towers shall either be blue/arav in color, have a
oelvanized finish, or be colored aDoroDdate to the tower's
[ocational context to the extent that the tower is as unobtrusive as
oossibte, unless otherwise re~uirad by the Federal Aviation
Administration fFAAL If awireless communication facility is
installed on ~ structure other than a tower, the antenna and
suouortino electrical and mechanical eauioment must be of a
neutral COlor that is identical to or closely comoatible with the
colors o;f the. su~0oc, dn(~ structure so as to make the antenna and
related-ec~uioment as visualtv unobtrusive as oossible." -
C. ReSidential Screenina. Where the site orooosed for a
freestandffm tower structure is located Within a residential zone or
has one Or more ~rcoert¥ lines abuttinci or on' the 0Doosite side of a
street from a residential zone or use ~ermitted in a residential
zone. 1arc~e trees and/or existino and o~posed buildines on
(he s~e shall be'"~sed to orovide an anaJe of occlusion from the
pronely,line' to the too of:the sti:Uctura o,f 50 decrees or tess ~50
de,~r~s ~¢om the-horizOn line is the unbar limit of the qoemal
'l¢'r'i., ,.cai solTM,,. Of '/ISiCP ~. FO ~-c~!eve___..t[:e 2cc!uslcn.
"='~% ~f the distance
............ ~ ........ ~ ,,, ,.V_.~., ~',.~ .,. ',, .,'e
r-'iSrnP, C~. ~-~,.,,--,nn ...... r D!':C ;rooertv lir'~ $~- :ilustrs!ior's
bel~L Transdlar~ted trees ,shall, have a minimum caibe¢ of 3
inches: be suab~ on, 30 foot centers afld have a tv~,ai !heloht at
shall be :'eau~red '" er-sure ~i,_-., -h~- ,, -hi :~- - ' ' and ..
.... ~;_._....._~_ ¢;?_,_., n ¢ % ~u r iiv e are
matntaine~z
D. Alternate Screenina. The location of a cellular wireless
communiCation facilitv on an existino water tower_ silo or eouivalent
vertical Str~cture. indudine an existind cellular, radio or television
tower_ is permitted without the need to meet Conditions A. B. and C
above, oravided that the heioht of the:existinc~ structure is not
increes~das a resutt of the attachment of the cellular Structure. A
decorative disauisin~ structure such as a clock te~e~ may also be
a[~oroved asan alternative [o Conditions A. B and C at the
discretion of the. Z~nin(~ Board. If the heic~ht of the existino
strudt-are ~ to be increased by the attachment of the new structure,
all crf,~e i:~ondftioris herein shall a[~otv as to a new frees~ndino
s ,LrUCt~Jre.
pg 12 - PH '-
E. Commercial and Industrial Sitina. Towers to be sited on
developed commercial or industrial properties shall be located to
the rear of other principal bui/dinas and shall not encroach on
Cantina buffers, oarkina areas or otherwise impair the operation of
previously approved systems such as stormwater drainaae basins.
Existina' buildinas and structures should beused in the sitina of
freastandina towers to contribute [othe visual screenina of the
F_ Commercial. Towers to be sited on undeveloped properties in
the commercial districts shall apply the standards of Condition C
herein to all ~2rooecb/lines. includina the streetline, except that a
driveway shatl be permitted to: aaln access to the facility for
maintenance personnel and euuipment.
G. Atroort Reaulations. All towers shall comply with applicable
Airport Hazard Reputations and shall be subject to a~proval from
the Federal A'ciation Administration for location, heieht and tiohtinq
to prevent interference with the operation of an airport or otherwise
thceaten the oubtic safety.
10. Section t00-227. Removal is hereby added as follows:
A. Upon cessation of use of the tower site for the approved or
ore-existina Special Exception Use. the tower structure and
wireless comrr~unicafion facility shall be removed within one year,
subject lo FCC concurrence. In the case of d wireless
communication facility on oreexistina vertical structures, this
provision shall apply to the wireless communication facility onlv.
The applicant for the wireless communication fadlitv shall post a
bond tO ensure wireless communication facilities removal in the
amount of $20.000 odor to receivina permission to
construct.
11. Section 100-228. Nonconformina Uses is hereby added as
follows:
Pre-existina towers shall be allowed to continue their usaae as
they presently exist. New construction other than maintenance on a
~re-existina tower shall comply with the requirements of this
ordinance.
12. Section 100-229. Severabilitv is hereby added as follows:
pg 13 - PH ~'~
The various parts sections and clauses of Bis local law are hereby
declared to be severable, tf any part. sentence, paraqraph, section
or clause is adiudoed unconstitutional or invalid by a court of
competent.'iudsdiction, the remainder of the ordinance shall not be
affected ~ereb¥.
13. Section 100-31 Use re(~ulations in A-C. R-80 R-120. R-200
and R-400 Districts is hereby amended as follows:
B. Uses permitted by special exception by the Board of
At,Deals. 'the followina uses are ~ermitted as Special exception by
the Board ef Appeals. as hereinafter provided, and. except for two-
family dWeliir~as and the .uses set. forth in Subsection Bf 14~ hereof.
are subiect to sJte plan approval by the Ptenn'mo Board:
6) Public utilib/rfahts-of-wav as well as structures and other
in§tailatJone necessary to serve areas within the town. excludino
wireless communication fadtities, subject to such conditions as the
BoBrd of Ai2~ealS may impose irt order to protect and promote the
health, safety, appearance and aenerat welfare of the community
end,the character of Be neiahborhood in whic_,b the proposed
structure is to be constructed.
14. Section 100-131. Use reouJations in the LIP District. is hereby
amended as follows:
B Uses permitted bv special exception of the 8pard of
ApOeats. The followino uses are permitted as a special exception
by the Board of Appeals as hereinafter provided, sublect to site
plan approval by the Ptannine Board:
f4~ Public utility structures and uses. exctudino wireless
communication facilities.
15. Section 100-230 fO) Exceptions and modifications, is hereby
amended as follows:
O. HeJoht exceptions. The heieht limitations of this chapter shall
not a~olv to:
(1) Spires. belfries, cuuotas and domes not for human occupancy:
and monuments, transmission towers excluding2 telecommunication
towers, chimneys, derricks, conveyors, flaepotes, radio towers.
television towers and television aedats, provided that anv
television or radio aerial shall not be located nearer.than a
distance equal to its heiaht above the roof or other permanent
pg 1~ - PH
structure to which it is attached lo any overhead electric
transm ssion line carrvino more than two hundred twenty I220~
volts.
(2~ Bulkheads observation towers, monitors, fire towers, hose
towers, cooling towers, water towers. (~rain elevators or other
structures where a manufacturina orocess reauires (3reater heieht
but excludin<~ wireless communication facilities, orovided that any
such structures that are located on any roof area that exceed in
height the timi~s in the particular district shalt not in the :aq~reaate
occupy more,than twenty percent ~'20%~ of the horizontal area of
the roof and are set back one [1~) fOOt from the ed~ue of the roof for
each additional foot in heieht Greater than the s~ecified heicmt.
f3'~ Ail mechanical eeuioment necessary to ooerate buildin(~
services, which equipment is located on ~e roof of a structure.
shall be screened in a manner aDoroved bvthe Plannin~ Board.
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: September 2, 1997.
Judith T. Terry, Southold Town Clerk." This has been published in the
legal notices. It is lengthy. In the-files there is an affidavit of
publication in The Suffolk Times, the Town Clerk's affidavit that it has
been posted on the Town Clerk's Bulletin Board, a letter after referral to
the Southold Town Planning Board recommending the adoption of the Local
Law, and a letter from S.uffolk County Planning indicating that this is a
matter of local determination, and that should not be construed as either an
approval or disapproval. There are several letters from the public, which
anyone can take a look at in the file it is in the Town Clerk's Office.
SUPERVISOR COCHRAN: You have heard the reading, you haven't heard
the entire reading, but I think most people here for this hearing have done
your homework, and know pretty much what it is about. Is there anyone
that would like to address the Board at this time in relation the Local Law
on Wireless Communication Facilities? Yes, ma=am?
FREDDIE WAXBERGER: Freddie Waxberger, Orient. For what it cost
you, as you know, to urge the Board to table the legislation before you
extend the moratorium, as proposed, we all learned a lot, I guess, since
you all first started grappling with this issue. Some of us, I think, have
learned a lot more than we ever thought we wanted to know about
telecommunications, and probably forget it just as fast. One of the things
we have learned is that the towns absolutely have the right legislation
siting towers in accordance with their own Zoning Cedes. The proposed
legislation does not support the goals of Southold's Master Plan with it's
scenic byways initiative, or it's commitment to the rural landscape. Nor
pg 15 - PH
does it protect the property values of it's residents, for many people their
principal capital 'nvestment. Furthermore it gives far too much
responsibility to the Zohing Board of Appeals. It gives them far too little
direction. The legislation can and should be modified in such a way that
siting restrictions and regulations are firmly based on, and determined by
the Town stated goals. We have now seen ways in which this is being
addressed in other communities. A law firmly based on clearly stated Town
.goals will stand up to legal challenge. I urge you to extend the moratorium
m order to achieve this. Thank you.
SUPERVISOR COCHRAN: Mrs. Madigan?
SUSAN MADIGAN: My name is Susan Madigan. I live in Orient. First
of all, I wish to thank Bill Moore and all the other members of the Code
Committee for working so hard this whole summer, for attending weekly
meetings, that a lot of us attended, too, but I do wish to thank you for all
the work yOU have done. l'.m sure there was another way you wanted to
spend your We. dnesday evenmgs, and me, too. .The purpose, o_f. these
me~eting~ v~ere .n order' to enact a Local Law regarding th.e. application for
cellular communication ;towe~s n the Town of Southold. With. all the work
t Was ;r, I felt that 120 days, although it seemed a long
adequately protect the TOwn of Southotd to 'the
teChnol.ogy. I also understood that A.T&T, a
Atlantic Mobile, Present 'inStalling
water towers on the all
County to the end of
pursued, in view
erect these towe~.s in our r idst in an
T's far more {
to In view of that I
days, two 'months, our for us to
SUPERVISOR COCHRJ~N: Just as a way of explanation, I am going to have
Bill, as Chairman of the Code Committee, because you are addressing the
B~ard in ~elation tO extension of the moratorium, which is the next
hearing. This is the hearing on the Code change. Se, Bill would you, a
quick recap? Not: everyone does know.
COUNCILMAN MOORE; Thumb nail sketch. We have spent a lot of time,
and I think most of them in the audience are pretty tuned into what we are
doing here. We have been working since the end of March on this Law,
and what it a.ttempts to do is reflect a difficult balance between the Town's
legitimate Zoning authbrity, and it's exercise of that authority. With the
state of the law as it exists, and evolving with respect to public utilities
of which this i;ndustry falls, and it's a very delicate place in which to
play, because public utilities are granted under the law certain special
considerations, and we are trying to balance that, so what we have done in
this local law in a nutshell is an attempt to encourage the locations, the
siting of these towers, and whatnot, these facilities in zones where they
will hav. e less impact on the community, example, industrial s~tes, and we
have tried to make the law written in such a way, that it will encourage an
a~plicant, whenever ~ossible. to go into industrial sites, or business
s~t~s, wl~er~e heavier bbsiness, and their industries would go for the zoning
pg 16 - PH
uses. It recognizes, and there is all kinds of dispute, and whatnot, in
regard to this, that public utilities being special entities recognized by
Fedora and State LaW can not be blanketly prohibited from zoning
districts. Some people disagree with respect to that, but that is the state
of the law as most of us understand it, and so where there are instances
where they are going to be located in zoning districts where all things
being equal, we would rather they go somewhere else, but recognize they
have to be there, we have attempted to put in mitigation measures in this
by way of visual screening, camouflaging to make them look like something
else, incorporate on existing towers. We have made efforts to put them on
water s, on existing str.uctures, on on
to and minimize those adverse .
and So that is What all th~s ~ ~ all about.
it as simply as posslble.
ANN LOWRY: Good evening. My n.ame i.s. Ann Lowry. I am President
Of the North Fork Environmental Councd. First let .me .say how impressive
the Work of the Orient Association in this telecommumcatlon matter is. They
devoted an enormous amount of time getting, an enormous amount of
We do appreciate how much work has been done by the Town
and the Code Committee, in putting together the proposed law
to mitigate the ugliness which could be spread with the
of the tower facilities in this industry. We don~t think
y wants the towers at all, but we probably all want the
of the cellular phones. So, we as a people, we opt for the
present proposed law offers some restrictions, but we think it
: be possible to strengthen the wording, and to add further
(tap~ change.) .We are pleased, to se.e in the report of the Cape
mssion that protect, rog spec.~al wstas is acceptable. I tl~ink we
some ~ery specific scemc areas stated, Which will rule out as
the towers. A possibility of an overlay district might be of some
in this. There are other considerations, such as lot sizes, distance
or historic structures, and heights of the total facility,
on new ground, or added to an already acceptable roof,
and so forth. It seems clear to us, that with such a very c~mplex
and the fa~t ,that there .are .still uncertainties a~out what chOices to
for our law, that more t~me ~s needed. It's hard not to bring the
issue into this, really. A little more time, we believe, would
Iron out some Of the matters, which are still controversial~ among the
e who have been most involved in this. Last, we strongly urge the
~Board to write the strongest, most restrictive law possible, whiCh will
t~e~t! be most protective of our town. Other towns have protected
~e~fls~lves. I am sure thatwe can, too. We must aim for the most of what
~e~ ~1~h'nk we accomp ish the goal, and then if that is challenged we pick the
I~ast bbnoxlous a ternatlves. Thank you.
ANN HOPKINS: I am, also, Ann, Ann Hopkins, from Orient, and I want to
second what all the previous three speakers said, but adding a personal
note, which is that my house on Platt Road in Orient a flat vista now looks
out now directly at the site which the Bell Atlantic NYEX application
concerns, and the alternate that has been suggested at the firehouse I can
Ibek out my back door, so I feel very personally that the law, although I
do know all the work that was going into it simply doesn't protect me, and
People like me at all, and I fear, not only this specific application, which
pg 17 - PH
under the law, as you have done it so far, the ZBA could just waive
everything that is 'n the law. But, right behind Bell Atlantic NYEX may
be Sprint, and who knows who else, and that I think is my real fear, that
we will just have towers in all directions, and I, too, simply support the
idea that we need more time. I have seen Codes that have come up.
Because of Bell Atlantic NYEX I circulated one from Washington Township
in New Jersey, which is infinitely stronger, and I think Southeld citizens
deserve the same protection that other townships have.
CYNTHIA BEER: My name is Cynthia Beer. I live in Orient. First I want
to tell a ~pe.rsonal .story, which, is that .in my car where I do have, a cellular
phone, I p~cked ~t up when it was ringing o. ne .day, and rec. ewed a call
~rom my nephew who was a .resident at the time ~n Bupapest in Hunga. ry,
~estlon about the definit~0n of need for a cellular tower in Oment
is into question by that experience. I, also, would like
to n Cowry was saying the Orient Association has done a
tremendous amount~of Work. I feel that this
Id Town in general, .~ it!-s
and I
of life in a c.e. rta[n kind of ~
aspects of our life in' SoUth. old ToWn I
this, and ~ continue the mora,torl~rn ' rd~
0~ hanging on to that precious life way it is.
¸to
yOU ·
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would llke
to address the Town Board on this Code change? Fred?
FRED MARTIN: Fred Martin. This was brought up by Ann Lowry, if
everybody ,that has a cellular company,, whether it's Bell Atlantic, NYEX,
whether it ~s Cellular One, whether it is somebody that starts up one in his
home, y.c~u are going to end up with antennas all over the place. Why not
narrow ~t down that they build one antenna structure, and let all of them
WOrK off the, same structure. With Sprint Spectrum technology that is out
there today [here is no reason why they can't work off the same tower, and
you got one tower, and let all the companies work off of that. You have
LILCO out here. Now, supposing somebody else comes into town, and
says, Okay, we want to put in another 600,000 telephone poles. We are
go~ng to run our own wires going to everybody's house. Same thing with
the phone company, well, we want to run phone lines to everybody else~s
house from another company. It doesn't happen that way, so why not force
them to use one structure between all of them?
COUNCILMAN MOORE: I will try and answer that as best I can. The Law
as it's written requires facilities to be designed for location, exactly on
that issue to the extent to which you can force their hand to do that is
somewhat limited, because each carrier starts their system..let~s say,
Seattle, and they work their way across the country, or they start in
Albany and work their way across the country. Not all of their
technologies and all their needs are identical, so you can't force them to
do that if it is not going to work for them. Our law attempts to encourage
that, and as carriers themselves they often seek to work together to find
common sites. Many of them are sharing locations up on water towers. They
pg 18 - PH
are sharing tower sites, and the industry. At least the seminar I attended
out in Newark, New Jersey this summer, they have reflected certain
anti-trust concerns about working together, but when the town sits there,
and says, kind of like what you are saying, we want you to co-locate,
and the town tries it as best it can to force co-location. There
anti-trust can be somewhat elevated, because they are being told by a
municipa ity, this is what we want you do. You have to reflect that there
are different technological..
FRED MARTIN: That's correct, but put the compatible on the same tower.
COUNCILMAN MOORE: Understood, and that is exactly why we encouraging
co-locations on existing towers, on existing structures.
FRED MARTIN: Make the town make a buck out of this. What I am saying
is, let the Town build the towers were they want it. and lease the space,
COUNCILMAN MOORE: That presumes that we know exactly where they
would need to be, and we are not quite that crystal ball oriented. It's good
to say we want to put three of them up at the Dump, it is industrial
property, but when the carriers say, that's nice we want to go there. They
want to go to the place of least resistance. I think that is a fair
statement to say, but no one believes it, but if they can go on water
tower, if they can go on an industrial site the applications are coming to
go on those sites: It's only when they come in, and say, our technology is
showing us, and our information tells us we need to be here, that is where
the real struggle comes. We don't want you to be here. We rather you be
over there. That's the real difficult time, that this law' tries to address.
COUNCILMAN TOWNSEND: Part of the problem, and it is causing
deliberations, and this was discussed during the Work Session, and has
been discUssed in the Code Committee, the cell phones themselves get
smaller, and smaller, and the antennas are getting smaller, and smaller, but
they are also getting more and more frequent. Their placement is required
in more and more locations, and that is what is creating a problem, because
each company has their own distance, and they tend to have the areas
where they can place their towers, mini-towers if you will, tend to be in
slightly different areas, as Bill pointed out, with each area, with each
provider, so you get one that maybe two miles away from another, and they
can't co~locate because it doesn't happen to be 'n the same cell area.
That's What we are told.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
TED ROCK: My name is Ted Rock. I, also, live in Orient. I own
property under the proposed shadow of this tower. A number of you have
made reference to us doing our homework, I, perhaps haven't done as much
as others. What I am not clear on, the reason I think we need to know
more is what Councilman Moore just said, when the utility tells us there is
a need to have this here, then we have to have it there. I don't
understand the need in a couple of ways. One, I too have perfect cellular
reception at the corner of Tabor Road and Route 25, and number two,
why don't they want to show us how they established a need in this area.
Now, this is where I might not have done my homework. Perhaps they
pg 19 - PH
have made everything clear. My understanding is that they haven't, and I
don~t know why, maybe they don~t have to, but in good faith if they expect
the Town of Southold to act in good faith with them, they could in good
faith show us this need.
ARTHUR GOSSNER: My name is Arthur Gossner from Peconic. While
these towers are necessary evils their locations must be controlled. There
is absolutely no .reason to have them situated in residential areas. They
belong in commercial and industrial areas, and the law should be written to
mandate their placement in these areas. Please ask yourself if you would
want one in your neighborhood? Thank you.
SUPERVISOR COCHRAN: Is there anyone else?
WALTER MILLIS: My name is Walter Millis. I am a resident of Orient. I
do not live anywhere near the proposed tower site just to make that clear,
but when I drive over the causeway into Orient I am looking at a skyline
that has not changed since 1830, and I have an engraving to prove that
point. I wish I had brought it with me. I think it is silly to allow this
historic and elegant view to be destroyed by sticking a whacking great
communications tower in the middle of it, and I think the Town Board
should put all the effort they can into this law, and I appreciate the
effort that they made, tear it Up, and start over again.
SUPERVISOR COCHRAN:
the Board?
Is there anyone else who would like to address
FRANK CARLIN: Frank Carlin, Laurel. Is this one on the Westphalia
· ?
Road antenna, or just Orient Point location.
COUNCILMAN MOORE; This law relates to the whole town. It is not even
addressing a single application.
FRANK CARLIN:
towers?
What is the second issue for, what is that talking about
SUPERVISOR COCHRAN: The second hearing?
FRANK CARLIN: Yeah, the second hearing. It says. towers.
COUNCILMAN MOORE; To extend the existing moratorium. We are having
a public hearing on the actual law itself.
FRANK CARLIN: All right, I may as well start now.
SUPERVISOR COCHRAN: What are we going to talk about, Frank?
FRANK CARLIN: This issue here. Good evening, ladies and gentlemen of
the Board. My name is Frank Carlin. I live in Laurel. Believe it or not,
my main profession in my llfe was electronics and communications. I hold
the title of the highest FCC license that you can get. Here it is right here
to prove it. I am not blowing smoke. That allowed me to operate any radio
television station around. Been in electronics all my life. I know what
communications is. I don~t know it all, but I know enough. The public
pg 20 - PH
notice you put in the pi~per here, this whole sheet here, where did you get
all that information? Is that part of your zoning code, what is it?
SUPERVISOR COCHRAN: That is the proposed law.
FRANK CARLIN: Proposed law by you?
SUPERVISOR COCHRAN: That is what this hearing is all about, that
particular law, Frank.
FRANK CARLIN: Section 9, item B, color of towers be blue or gray.
never seen a communications tower blue or gray. They are always white and
red. They start with red on the bottom, white, red and white, and there
is a reason for that. They are red and white. What makes you say blue
and gray. I don't understand.
COUNCILMAN MOORE: The only time they are red and white is when the
FAA says they meet certain height requirements, and they are visual
protection of people flying. These towers are typically of such a height
that they don[t follow the need to make them red and white, or orange and
white, or put strobes on 'them. So, the industry itself happily offers to
paint them as unobtrusive a color as possible, so you go with a sky .blue,
or a gray. You try and blend it in as best as possible, because sixty,
seventy, eighty foot, hundred foot towers are nc~c hazardous to aerial
navigation, aviation.
FRANK CARLIN: That is vlsual,also, blue and gray, where white and red
would be more visable from airplane or something. WouldnJt it be, Bill?
COUNCILMAN MOORE: Agreed. That is
airplanes aren=t supposed to be flying that
the area they are flying.
exactly why. At hundred feet
Iow. Pilots know what is around
FRANK CARLIN: Communication towers, you are saying that you are
actually allowed hundred feet here. Let me read it. That is what you are
going to say, the maximum is going to be a hundred feet. You are not
going to allow more than a hundred feet. That is what you are saying
here~ What is this I hear about no more than sixty feet in this town? I
read the newspapers, and they tell us no more than sixty feet, or maybe
less. You are, saying right here you allow a hundred feet, so why does
Bell Atlantic want a 99 foot antenna. If you go to sixty feet, are you
going to stick with a hundred feet here?
COUNCILMAN MOORE:
thing is located.
The height will depend on the zone in which the
FRANK CARLIN: You people are using zoning areas for your own needs.
[ am asking you, you going to have a basic law throughout the town? It's
going to be 100 feet or 60 feet.
COUNCILMAN MOORE: Where we try to steer them we will allow them to go
higher. If we can put them in business or industrial properties they will
be allowed to go higher.
pg 21 - PH
FRANK CARLIN: Do they want to go higher than 100 feet, or sixty feet? I
donlt understand. You are going to have a hundred feet in this here, or
you going to have sixty feet? Which one are you going to choose from?
COUNCILMAN MOORE: It will depend on the zone in which they put it.
FRANK CARLIN: You know if the whole country stood at one specific
height of sixty feet we would be in a beck of a shape for
communications. There is a reason for having a certain height for an
antenna. I am not a teacher or anything, but I want to show a theory in
communicati how a high frequency wave operates. A high frequency
wave contour of the earth, bouncing between the outer
and the earth. The earthf as I mentioned before,
has a M. any. times you must go higher for an antenna to
get the range or it will bounce off the curvature of the earth, and
that .is. why a lot of times antennas are desi, and
the~e Is a formula to des[gn an antenna. It iS not just; oh, v
up a 99 foot antenna:~ or 60 foot antenna. There is
There Is of distance, efficiency, lis is
so if Bel~ a 99 foot'
99 foot antenna. J am not
s "s backyard. We have
that we are open space in this town, we
it. That's for sure. I don't want to see
backyard, I'll tell you that right now. With
going to buy. These bond issues we are going to issue
enough open space we can find one. I don't think we war
fifty or twenty7five antennas all around here as far
go. I got more I want to say here. I might do it on
but this Kind of threw me here because I always thought
be one bond issue here. I mean, hearing, excuse me.
SUPERVISOR COCHRAN: I knew what you meant. Frank.
FRANK CARLIN: What I am saying is it is important where you put an
antenna. Some places you can't put an antenna. You have dead spots, so
that is why it is critical, and they probably researched and they know
where about they want to put it. Again. I don't want to stand here, and
say people should have them in their backyard. No way. Plenty of open
space to find where you can put them on, but you know, I want to say one
more thing. HOw many ~n this room can remember back in the ~0s. Maybe
not you, Joe. Maybe not you, Bill.
SUPERVISOR COCHRAN: Yes, Frank, I can.
FRANK CARLIN: Remember Dick Tracy had a wrist watch radio? Well, we
thought he was crazy. How can you ever use a wrist watch radio? Tubes
as big as pears and apples, and how can you use a wrist watch radio? Well,
we have come a long way in electronics. You can throw a switch on, and
get television pictures from overseas, by satellites. We can talk to people
in a car with cellular telephones. We come a long, long way, and you got
to live with the times. Happy medium within reason. That is what I am
trying say. I guess that is all for now. I will let somebody else speak, if
they want to.
pg 22 - PH
SUPERVISOR COCHRAN: Thank you, Mr. Carlin. I remember Buck
Rogers, too. Is there anyone else that would like to address the Town
Board?
JODY ADAMS: My name is Jody Adams, and just what he brought up,
h.ave rYOU all discussed radiation from these towers, and who and what they
will effect?
SUPERVISOR COCHRAN: Thank you. I think anyone that wants to speak
either pro or con, you are certainly welcome to do so. Anyone else like to
speak in relation to the towers? Yes, sir?
GORDON PRICE. My name is Gordon Price. I live in Orient, fairly
adjacent to the tower that is proposed by Atlantic Bell NYEX. I have
been at several of the Code meetings, and I understand the reasoning
behind the legal maehinati0ns to allow a tower to be built in a residential
zone, because you are trying to allow the law to say it's going to be so
mushy, and difficult for the proposed tower people to erect a tower in a
residential district that they will decide that they would rather go into an
industrial area. But that leaves us still, those of us who are in a
residential district open to their whims after they get through all of these
laws that will state that they can therefore erect a tower in a residential
zone, they can do that, is the bottom line, and I just Can't understand why
we just rdont say you. can not erect a tower in an R;80 residential zone,
and let them sue us, ff they want to. Just say, no.
FREDDIE WAXBERGER: Having already spoken. I donEt want to take up
the time. Obviously everyone in Orient is very concerned about this
particular application, but the legislation, obviously, has to do with all
of Southold Town, so I would just like to push it a little way from this
specific application, although, I think this specific .application in my
experience had ~ lot to do with driving how this legislation happened to be
drafted, because to my mind it is essentially permissive, but I would llke
to be a. little more specific, because we have been saying, hey, what is this
happeni!ng? Dor~'t let it happen. I understand why it legally is dangerous
to totally ban something in a residential area, and that is because if an
applicant c. an prove need, and as we know, or as it seems to us, the
demonStratiOn of need doesn't have to do with whether we can reach
somebody on the cellu ar phone, but whether an applicant's particular little
grid happens to fall in that spot, bec.ause this is not li.k,e the normal
pul~lic utility where if so.mebody doesn't hve out .a hundred redes out in the
corn fi&Id, nobody is going to run a telephone wire out there if there is
nobody there to pick up the phone, but sin.ce the clients of these cellular
people are mobile they want to have reception everywhere, so it doesn't
who is .wandering out in what wilderness. They are supposed to be able. to
get re.priori. So, we understand that. So, if they demonstrate need that
way, and it falls under a residential area, and we donlt have some
restr~cbons on ~he books, then we are open to not being able to control it
at all. We do understand that, but I would like to be a little more specific
about some of the things that we have. learned, for instance, in the
recommendations of the Cape Cod Commissjon which has a very similar
landscape to, ours, and a very similar interest to ours in terms of tourism,
and in terms of preserving the heritage, amd preser¥ing open space, and
preserving open vistas. One of things that was recommended is that the
pg 23 - PH
towers not be more than ten feet above the neighboring houses, or the
houses within that zone, or the tree canopy in that area. This has the
effect of preserving the vistas, and the point was made that you can have
smaller towers, and have them closer together. Perhaps this is the kind of
thing we could look at. Having them smaller might make it possible to go
into more municipal or eleemosynary areas, where they are not going into
residential areas, where they are not setting one homeowner against any
other, where one property owner might reap a windfall at the expens.e of
the Property values of their neighbors. Smaller.towers would b~, I th~nk,
less offensive to anybody. They are more easily screened. With all due
respect offered in this legislation for a hundred foot
tower with trees that have a three inch trunks, and are
eur
· there might be screening, Will
be ~ anymore. E. ver3rl;hing will be from the air. . I
thi~ . .can be wri~cten,
vistas ~n mind~ with a
tc less
rl¥.in terms Thank ¥~u.
SUPERVISOR CQCHRAN: Thank you. Is there anyone else that would like
to ,address the Town Board?
COUNCILWOMAN ,HUSSIE: I would like to address the Town Board. As an
elected official I.think that I couldr say what I have said before. I don~t
want them in residential zones. I have been told that they have to go any
place in ~own. I checked with the attorney, Bill Sharp, the attorney for
the~ Department of State. He agrees that the Town can not exclude them
entirel~ 'from town, bbt we can excude them from certain districts, and
when you come down to it, that includes R-tH3, R-80, R-200, also we have
Agriculture C;onservati6n Districts. All of those things are important to us.
Mr~ S_h. arp sa. id that we can prohibit it, and he was kind enough to send
leg s at o~ 'wY t ten by Other towns in New York State, which clearly say,
no, we don~t want it~ ~n residential districts. When you talk about the
and requesting permission to site a tower, the
to prove is need, and in deed, if we do bar them
and they have to go there, that company that is
ma. king the ~ppli~ation can go to the court, and say, because of this and
th~s; and this,, de need it there. I still don't want to leave it to ,the ZBA.
I don't want to leave it to anybody, else. I think that we can bar it 'from
residential zbnes. I am against this law now for many, many reasons, but
mostly because, of that. Al of thinking that wer~t into this, making this
Code, was predicted~bn a misconception, or an erroneous premise, we can
bar them from re~idenl~ial zones.
COUNCILWOMAN OLIVA: I, also, have spoken to Bill Sharp, and yes, you
may exclude them from residential zones, but that does not prohibit the
applicant from going to the ZBA for a use variance, and I think we have
already heard that to Obtain a use variance for something that is classified
as a public utility is practically tantamount to giving approval
immediately, so I really think it behooves us to write, maybe, stricter
pg 24 - PH
regulations, but I really don't think as much as we would like to, that we
can exclude them from residential zones. Thank you.
WALTER SMITH. I just have a couple of questions. One, will an
environmental impact statement be required under this law? The thing I am
worried about is the grounding of these towers. It appears that they will
have considerable amount of copper to take care of lighting striking the
tower. At a previous meeting I asked the gentleman from NYEX, and he
did say they had copper grounding plates. Now our water has a PH of
about 5.~, which means it's acid. and acid and copper have a nice affinity,
and we wi into our
I
Statement
they ;
very an
are
the ~hearing.
Is there anyone else who would
response.) Last opportunity. I am
like to address
going ti5 close
~-/ -$udith T. Terry ~/'
Southold Town Clerk
for radio, ~_ lelevision,
re~ive-onlv satellite.dish anten-
fastaUgd qu the ~f of a
~d e~cnd~g ~t mfre
~ (~) leer'above the high~ l~el
of the r~f of ~ch bu~ag.
(~: Pomh~s~ omd~r him ~d
~L~S COM~CA~ON
~ FAC~. ~'w~e~.-com~mi~a-. :Laws o~ 'FeStal C0mm~imfioa
s~cra~e is either
':rue menlatlons rff:'t~i~ s~etion:
caftans Act of 1996 wh/ch includes (1~ Wireless Communication
' FCC lice.~d c~.'mn.-rcle] v.q_reles}
~aleco~r J -oic ~,ious
ina cellular ~elee~one
NOTIC~OF mn,al connnanicalioa ~nlc~5. ~pe- ~fa~fa~iiRlesonB~ildin~sl/all~
PUBLICItE~RING , - . . . _ .
ONLOCAL'LAW '" da ~ed mobile rzd/o
;:,~ PUBLIC NOTICE IS HEREBY )' tha~mavmtbefuture§edevelop~d feet of ~e ~mm6sed facility. Th~
::the Town Board of the Town of .~ ~T~ buiIdin~onwhlehtheWirele~Cam.
Southold, Suffolk County, N~w York. :~ ~
oa thc 14th day of October, 1997, a
~!;Relation to Wireless Commenkalion situated snecificallv to sunmrt aa '"J
~ NOTiCBiSFURTHERGiVENtha£'~i mononole; s~lf-sanomtin~ tower edbr f:der~ sateortov.'ra~en~
~' ,~ u -v4re se on tower and otbe~ (2~ Wireless c~mmtinication fa.
i Southo d} New York on tim 120, ~o-, ~:. excluded from thi~ d~finilio~ cha~ter unleas-other~i~e
~ 3. SeCtion ~00-1602 Pm'pose is added ci~itvon Telecommi~n~*~,~s Towem
:. This proposed "Local Law in
;~Relafion ~o Wittless Comm,,hleation
;:!Facilities" reads ~s follows:
f BE IT ENACTED, by the Town
?Board of the Town of Southold as fei-
? I
. Chapter 100~(Zon~g) of the Code
tel I~¢ Town of Southold is bemby
[~}amendsd as f~lloWS:
? 1: Section 100-~]. (Deiini~ons) is
~*bercby amended as
}~ reals, pmper~y or o£hcr maletials;
(1) Signs.
(2)
(3)
~s~oltows: -- Shall mouim snecial ex~ntiou
~' It is the eX~ress mumose of gtis ar.
%. . . a reval ursu tt~ arfileand
~? ronmedlal im~ac~ of wSrele~s corn- fe~t above the avcra~ belnht o~
,Soutlmld's. c. itiTzn~ arid- allowing-" : (3~O~ feet of the facility or. if them
:' ~~a¢ili,ics be (300'1 feet fmln ~ ~d '~ '
, Iocatea on ex,-i[r,£ b~i 0 .~ n4 ~d~tffcr isted ~r~r'0~nY
STaT or
) SS: '
~[~%UI~?~S of Mattituck, in
said Co*~uty, being d~y s~m, ~ ~at he/she
is ~cip~ Clerk of THE S~0LK TI~, a
Wee~y Newspaper, p~lished at ~t~tuck, ~
the To~ of Southold, County of Suffolk and
S~te of New York, and ~at ~e Notice of which
[~, ~e ~exed ~ a p~ted copy, ~ been ~-
'~;~.d ly published ~ ~ Newspaper once ea~ week
~,~ ~e ( ~ dayof~, 19~
~eip~ Clerk
Sworn to before me this /~
day of x~.?.~. 19 q7
~0. 52~5524z, SUi~ OL~ ~'Jm ~ _
~continutd from previous page~
lease author~zin~ such facility has
The heiabt of such f~eilit¥ ma'/be
above the exisfine erode a~d
' - vided the base of the tower is .iccat-
district, and provided rhza it do~ dot
fled above_
B. In Commerdal Distrints in-
cincVm LB l-~ and B ~ wireIess
couunuaication facthtv is subieet to
site dian avofoval and must meet the
inllo~ng reouirem~nts.
(D Wireless commtmication fa-
cilities on Bulldines are a permiRed
use. Wkreic~s mmmunicati0n facili-
ties on buildings shall be rio hinhet
~h t.of buildines (excludine sirens.
fences, and walls5 within 300 feet of
the proposed facility. WLrehiss e~m-
mnnicafion facilities on buiMines
must be located at lealt three hun-
nropertv or district listed by federal.
his~ otherwise restricted ~ursuam t~
the tones of a atior s'aecial exced=
tine approval.
{31 Wire Commhnie. ation Facilil~
on Te!ecothmumcations Towers are
a permitted use. but shall not aroiect
higher than twentv fcei above the
avera he%t of uildin exclud-
ing signs, fences, and wallsl wdhin
three hundred (300) feet of the facil-
ity or. if there are no buildings with-
project higher than twenty, feet
height jn that radius measured from
in~s within three hundred (300) fe~t
of the prooosed facility site. all
surrounded by den~ tree ~rowth to
s~then views of the facility in ali
directions. These trees may he exist-
ine on the subiect nrooertv or ohiUt-
ed o~r site. The base of th~ tower
feet £I00') f~om the neW,si dwallina
unit and three hundred feet
fi~m any landma}k uro~ertv or dis-
uict listed by federal, state or t~wn
(4! A wireless communication
wise controlled fa, stat~, federal or
town eoverhment, urovided a
Iicense or lease aathorizine sach
facility has been atmroved hv that
(C) In Industrial Districts includ-
ing LI and LIO. a Wirehiss
communication facility is subject to
followin~ nmuliements.
fl) Wireless communication fa-
ellities an buildings are a oermitted
use provided the heiaht of the wire-
less cnmmunieatinn facilltv does not
extend more than one hundred feet
~100') above the existing grade and
the w~rehiss communication facil{t~
is located at least one hundred feet
f I00') [;om the nearest omperrv line
and three hundred feet (3fl0'/~om
an'/ landmark nroperiv or district
liste¢ bv federal, state or to~m aeg~
cie&
(2) Wireless communication fa-
~ililles on Existine Telecommunica-
tions Towers are permitted ~mless
otherwise.restricted ~ursuant to the
terms of a t~fior special' exception
approval.
.t~) xAfiraless Communication-Fa-
cllitv on Telecommunhiations Tow-
ers ~re a ~ermirted use provided the
height of the tower above a~adedoes
not exceed one hundred feet {[00')
A_ Authority. The Zoning Boa~d
· of Au~eals shall he emoowered to
ti~s. subject to the' nmvisions of this
Chapmr.
B. Standards. fn addition t~ the
standards in Article X2~qI of this
code. no s~ecial exeeollbn apnroval
~shall be aranted tmfess the Zonin~
~C Board of Appeals s~eci~icallv fidds
} and detarmi es the fdilowin:
· (1) that the adolicant is a uublic
utility, and
· (2) that eonsrractinn of the pro-
nosed facllii~ or modification of th~
exisfine facilltv is a nubile necessity.
in that it is r~ouimd to me~t current
or exoeeted demands of the tele~mm-
mtmic, adon~ provider and to render
ademmta servici~ ua-the nublic, and
{3) that the aadiicant has made
_sabstantial effort to locate or colin-
cate on existipg rowers, or f~ilinn
that. that the atmliemnt kas made
substm~tial eflthrt to locate tan feder-
al, s~ate or to..~n Land and facilities_
(4-) that the fagiliC~' conforms with
applicable FCC reeulation~: and
(5~ that there are comoelline rea.
SOns/economic or. otherwise, wMch
make .it more least'hie to con.met
the taroDosed facilities than alterna-
tives.
C. :Mattem to be cnpsidev:d, in
-edd'.'tion to the matters to be mnsid-
ered.in Article XX'VI of this cod~.
the Zoninn Board of Anneals shall
give consideration to the following
in issuin~ a sne~lal aopmval for
wireless Oammunieatinn facilities:
(1) the heiaht of the proaosed
rower shall be the rain/mum notes-.
c~mmunicafion facility which will
facet'/on adjoining pmperffe~.
shell reotdre the following in addl-
e. survey aloofly indic, aline: la) the
location, type and heieht of the wir~-
le~s communication facilities;
site land uses and zoninm Idl adla-
within 300 feet: fe1 distances be-
twe¢a fill structures: (Ih location of
landmark listed by federal3 state, or
O',va a~n¢ies wlth~ 300 feet (gl
~ of way: fi) nrono~d me~s of
~n~: (il alevedon drawings of the
dura: (1) and o~er infomtion
(2) E<h a~H~ion sh~l Mclnde
with~ ~e foll~g ~elve (1~)
tion ~r ~e calen~ vear.
(6) ~e ~n/n~ B~d off.als
fee ~ more ~= five
needs to ha located in order to nfo-
vide ~ron~ sianal strength and Coy-
emac to the target ~ll. The anpli-
cant must he orena~ed to explain to
t eZmfm Boardw Jtselectedthe
nronosed site. diseass the availabili~
t or lack thereof of a suitable struc-
ture within the s~amh ting for collo-
cation, and the extent to whiab the
{2) In atx~rovine a Speeial Excep-
s~eea:d :o d-.e exle£ :La[ £~t' are 3e :rcrea.~d 2~r ~ a"a:~
rcnna exceed six feet [6').
J~ec~a~ack~o~. . ' = ' ~0 Dmnc~ m her~
le~comm~cafion~cilit sh~ m~.To~rstobesi~dondevelO~d ~ B~ U~p~edhysp~al~x~
k~ mms hemb, abo~e the roof ok orbcr .;. ;s~c~ to ~c~ bf o~r . fou~g U~
Peru meaL swerve ro ,~ hch ,t is al. ,m~5
t~h~ to any ~verheaa electric ::m:a cn vlaa.mn~ buffers, wr~
~ission:line m~e mo~ethan ~es~ or )rhe~l~c ~ ~ur ~e one
'
P~ t:
. isffnff btdldiu~g dr stoic-mr es shall be
surrounded bv a buffer df dense flee
shall anolv. . is ltn~ canThig more thmatwo hundred
- hereby added as follmvs: ·
.... twemy (220) volts..
}/~c~ :in 'Z'~-een of . :. A_ Auv Wtrel~s~ 'comm,;~L-atinn (2) Bulkheads, ~bser~afion fi3w-
i ; 1196~1TN6 : : , . .
NOTICE 07
ON LOCA~,EAW
NOT{CE IS HE~Y
~o~ Board of t~ :~$~. of
19~h ~y of Augas(~.,a[
Board of thc ~o~'~ ~{
~ll hold a publi~ h~ on [
To~r, aa~ 5~00~~
p.m..~ which lim~ aa ~r~ed per~'~'
son-.' uritlb.~ heaxd. ~
ama'd~ ~'f°H°ws:i00-13
ime~'de~ f'~ the ~her.
~ or eud~o~g ~ ~ons. ~malL
"buiMin~~ shall include the
,~i~fio~ fac~in ~ ~d
c~l~or ~io ~d ~levision ~,~-
¢eO;~'~led on ~ r~f o~ n build-
,~ve e ~ h~ le~ Iol
the ~nfsuch ~ildM~ ~ ~,
~ Po~hea outd~r b~ ~d:otheJ
T~pa~o~ of tMs s~Aon ~ to~m-
~p~ve wiml~s se~s ie~
~i~n~ and Su~. Th~:~la~
m~n~.o~ ~less ~mmunimfi~:~m~:
, ~d ~emfore-:thc a0Dli~ts '~:
~,b~rdau of pm6f.to es~li~:
STATE OF NEW YOR/t,
) SS:
said County. being du/y sworn, says that ~
is Principal Clerk of THE SIJF~'OLK TIMI~ ~
Weekly Newspaper, published at Mattituek, in
thc 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
forthe I ~ weekSday offS. l~.successively' commen~in~__ on
Principal Clerk
Sworno~efore me this
day of t~~z~- 19 ~
~ARY PUBUC, STATE OF NEW YORK
NO. 524655242 SUFFO~
the
of this ~.dion rglal~ to the lomlio~ and
desien ~f ~se fadlities ~d shaB'~ in
~ioh ia the oro~sions of t~
Co~iksion (~C~ re~lmi~s ~r-
added.~ ~ws: ': ~ ~ ,
i~ ~ ~&a~ facili~ ~r ~ ~
tele~icafions semic~ hsuallv
~ s~ ~obt~n the nec~ 617a-
~ B: ~ Wireless cOmmuni~fions.
~ ~m~ci~l ~eless -teJ~omm~ica-
~ ~e [~als, ne~ pago}
h~ .fi)'01~vahoTx dr~.wlul~ of t]~ nc~c Ce'~C~ ~fltin th.= ~..'~e:x, :~a.a- ~ ~q~owe~ s'hilt ~'ehcr be ~ ~'.
!rude n',:L:lOvn,Ll:_l:i,_.7~.' o, i.' ;. (~A~:ack~licatiouShalllncImka Anulica~ionissal~ini/Tcd~thcBoaM. Si[::e. LdC~ o:h-~.~.~a~rcd[:¢,h~: .
~,. ~'lllll U~Oal I'b.A_,,:.,,~. li,#~:.!i n: ~S~I~n~fii~i(~fidli'of'c;tlie:r~{f~ c~ird~'~li~fi~y ~sTollows: ~ ,~M-X~ ~{r~'l:~-~¢ ~fin}~"ei~ - ;
II1:1 0r II1'.¢ i' i iille~] I'ez~ I,]l!ll } ;ij-'l ~conside~dfthc gwBa~tv of ~h~e ' The~llo~in~de. skn sTanda~dsshall
m'-dcynotM~ttheor~r'ssc]~i6eof ifie~ ~d t~m~niCa~ tdwm ine elc~eal and ~e~cd equip. ' :
~nc~ n~ ~d:t~c ~on why ~ i~mlled br ~~t to th~ menl ~nsl be oF a n~ ~1 colo[ ~ is ~ ::,
:-a~tash w~m~r ~mtiufi:of . narc~fo~ine in:i~ to the mqM~- ~fied in a esidcn'lial z~e. ~
(4~ Ea~'~ti~ ~ M'd~e a Minimm Re~d~ ~ni~um am~' I~ ~o fie I~ or ih: ~c '
~ ~s'inthi~o~of~ol~v~ Dg~:. :D~fi~ f~s~g ' no~ X'e~ mr, e of ~or.~ To
~C!lilies in mC ~U~hg to~s ~Ch ~. 5 ~ .~ PerB~ ?Mcx, e thc oceimiaa a mw ~ ;r~s
~ (~A an~p~S~- ~- E.~gm S~s'~al ~t ~'~er- '~ed
li~ll 3hL~ln;n,vc, lUll,Is.e% '~u,I Ai:I,~r . ac~s~ w tho wi~les~ ~uni- Kcd.to m~[ C~n&fioul ~ B ~d C
,tiv¢ le:~: (??)d,n(LJ_n,~ I(!hl ;he h;¥ .;'
.i][ [[I 'l?~"l'-'tl;~nlll '~le(.'.l[l' cxt'~'.liilA Ilnll ',~ ~11 i []~l I,, lilt Lb'~ 1':1'¥ e,'wi~e imnaJr ~¢ operation of pi~.-ll
~LTses cermitfed bY soecial ex- i hourg.
~ ,