HomeMy WebLinkAbout4573AleX TES jrl»i ?`21
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MAY 1 1998;
iy•�bQM
TO THE ZONING BOARD OF APf
Smart SMR of New '
I (We), Nextel Communicat
TOWN OF SOUTHOLD,, NEW "YORK
ICATION
SOUTHOLD, NEW YORK
Inc. d/b/a
ION
Application No.
Date Filed:
of '..1 -North B.roadiway=
(Residence, No-6se No. and SLreel)
team 2t, Mate, ctp uooe, teiepnone r
hereby apply to THE Z ING BOARD OF APPEALS for a SPED
the ZONING ORDINANCE ARTICLE VII SECTION 100
reference to ARTICLIII, SECTION 100-31BJ61} \\\
for the below -described property for the lowinguses
the attached plan dawn to scale): To affix to the alrii
monopole at the pr)mises three (3) 'omnidirectional "whit
in length and 2.5'' in diameter and to erect a prefabrici
11' 2" in which to house related telp-gommunicatfons eqT
A. State0ent of Ownership and Interest.
1
property known and reterred to as
EPTION in accordance with
*, SUBSECTION **making'
iSurposes (and as shown oo
!a y existing telecommunications
!Tay
each measuring 15.4'
t d enclosure measuring 7'2" x
merit.
I
i
S ��
se No., Street,
Ware) the owner(s) of
- -y P — -- - T—
i enttfl e on the Suffo k ouni: ax— Ma s as Dtstric 000 Sectio --n 10-8-,- Bloc -4'--'-
Lot(s)
lots) 1.3 which is not>Aw)x on a subdivision Map (Filed
"Map of Filed Mapes. and has B�en approved by the Saut:ro d Town Planning Board on
as a [Minor] [Major] Subdivision). - M -' -
The above described property was acquired by the owner on
B. The applicant alleges that the approval of this exception would bd in harmony with
tha intent; and purpose of said zoning ordinance and that the proposed use conforms to
the standards ,prescribed therefor in said ordinance and would not be det:rimenlal to
property or.•, persons in the neighborhood for the following reasons:
SEE SCHEDULE "A" ANNEXED HERETO AND MADE A PART HEREOF.
C. The property which is the subject of this application is zoned Limited Business and
[XX] i.s corisi'tstent with the use(s) described in the Certificate of Occupancy being
furnished herewith.
[ ] is not consistent with the Certificate of Occupancy being furnished herewith
for the f'lllowing reason(s):
[ ] is vacant 1 nd.
COUNTY OF SUFFOLK) SMART SMR OF NEW YORK, INC. d/b/a-
STATE OF NEW YORK) NEXT C MU ICATIONSn
B
,,S Kodti4 ...- _-_.._.._._----..
St (Signa'ore ` n %17YY1(nL
Sworn I o he for ra C ' s / clay of �i1em6�✓ 199 �t
No 02 AW6 297
ZB7. (rev: 2/6/116) QuatffiedinWest&omar0oant>,r ,
Commission ExpiresSeptember
/Joe) lOh'_ ^
OWNER
STREET %
VILLAGE
DIST.
SUB, LOT
FORMER OWNER �pz 011-
N
ACR.
Gu r
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S
W z,
°G.-
TYPE OF BUILDIL49
ZES. r
SEAS.
VL,
FA
COMM. CB. MIC Mkt, Value - - -
LAND
IMP.
TOTAL
DATE
REMARKS
0 0 6 0
L
PAC 9 s15-,",
gr�acac
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�n �o y
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)
4 17 G/ d
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7S�c7c7
Oc'700
�� zr 97
pv,g rat_+4�,���.
AGE
BUILDING CONDITION `?
NEW
NORMAL
BELOW ABOVE _
FARM
Acre
Value Per
Value
Acre
Tillable
-r .-
FRONTAGE ON WATER
/97 /b 1970
Moodland
FRONTAGE ON ROAD
ilmpieot�:BULKHEAD
f)FATN_
rota)DOCK
P
COLOR: TRIM
M. Bldg.
a S a o
Extension
y 67
o
f�03�i
Extension24
X cw
Extension
Foundation
Both
Dinette
Porch
Basement
Floors
K.
Porch
Ext, Walls
Interior Finish
LR.
Breezeway
Fire Place
Heat
DR.
Garage
Type Root
Rooms Ist Floor
BR.
Patio
Recreation Room
Rooms 2nd Floor
FIN. B
6 8Ss 9s'
_ l/our k
uG.
Dormer
Driveway
Total
X97 l)e�oN B9?v _ L Too
5372 �7 1
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
MEMORANDUM
N M.
O �41t
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
Fax(516)765-1823
Telephone (516) 765-1802
TO: Bennett Orlowski, Jr. - Chairman
FROM: Building Department
DATE: July 23, 1999
BUILDING DEPARTMENT SITE PLAN CERTIFICATION
Project: Omnipoint Communications Inc.
Location: Elieah's Lane & Route 25 Mattituck New York 11952
SCTM #: District 1000 - Section 108 - Block 04 - Lot 11.3
Site Plan Date of
Prepared by: CARMAN-DUNNE, P.C. Last Revision: August 13, 1999
1. THE PROPOSED USE "Wireless Communication Facility & Telecommunication
Tower" AND THE ACCESSORY USES INDICATED ON SITE PLAN S-1,
ARE A PERMITTED USE IN THIS "LB" LIMITED BUSINESS DISTRICT.
2. THE PRE-EXISTING NON -CONFORMING MONOPOL TOWER IS 100' HIGH
AND DOES NOT COMPLY WITH CHAPTER 100-162 (B)(3).
3. THE PROPOSED "Installation of a new antenna array on an existing Monopol"
DOES NOT COMPLY WITH THE PROVISIONS OF ARTICLE XVI OF THE
SOUTHOLD TOWN CODE. CHAPTER 100-168 PERMITS PRE-EXISTING
NON -CONFORMING USES TO CONTINUE BUT ALL NEW CONSTRUCTION
MUST COMPLY WITH THIS ARTICLE. THE PROPOSED ANTENNA ARRAY
IS TO BE LOCATED AT 65' ABOVE GRADE AND NOT PERMITTED BY
CHAPTER 100-162-(B) (3). AS PER CERTIFICATIONS FROM THE ZONING
BOARD OFFICE THIS CAN BE APPROVED BY CHAPTER 100-165K WHICH
ENCOURAGES COLLOCATION OF WIRELESS COMMUNICATION
FACILITIES.
4. ALL REMAINING STRUCTURES COMPLY WITH SETBACKS AS
CONTAINED IN THE BULK SCHEDULES OR AS FOUND ELSEWHERE IN
CHAPTER 100.
.lames A. Richter, K.A. Town Engineer
i Southold Town Code Enforcement Officer
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
Lawrence Ray, Esq.
Munley Meade Nielsen & Re
160 Middle Neck Road
Great Neck, NY 11021
�o��g�FFO(KcOG
o y'�
y x
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 28, 1998
RE: Nextel Co -Location of Antennas 1000-108-4-11.3
Dear Mr. Ray:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
This will confirm that at our May 14, 1998 Regular Meeting, the
entire Board discussed your application for a Special Exception to
affix three whip antennas to existing telecommunications tower and to
place accessory shed and pad with two GPN antennas and one BMR
antenna mounted on shelter. Based on Sections 100-233B, the Board
determined that the Town of Southold's 1997 Telecommunications Act
supersedes its previous rulings under Nos. 4022SE and 4023 (which
conditions required a new special exception review.) At the same
time, the Board rescinded the former Resolution which had
calendared this application for a public hearing.
Board Member(s) suggested that you are now in a position to
make application with the Building Department for a building permit
review under other provisions of law for this project.
Very y y rs,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures (Application)
cc: Planning Board
Town Clerk (Re: #4753)
Building Department
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
ati
TO: Zoning Board of Appeals
FROM: Office of the Town Clerk
�V
DATE: May 4, 1998
RE: ZONING APPEAL OPL. NO. 4573 - NEXTEL COMMUNICATIONS
(SPECIAL XCEPTION)
Transmitte herewith is ZONING APPEAL APDL NO. 4573 - NEXTEL
COMMUNI ATIONS together with a covering letter from Munley, Meade,
Nielsen Re' dated April 28, 1998, the Application for Special Exeption,
the An nna Site License Agreement, Lease Exhibit - NY 313, Exhibit B,
Exhib' 2, Exhibit 3, the Short Environmental Assessment Form, the
Zon' g Board of Appeals' Questionnaire, a copy of the deed, a copy of
the Action of the Board dated 8/18/92, another Action of the Board dated
8/18/92, a letter from Nextel, a copy of Nextel Communications on Air
Sites and copies of maps.
Elizabeth A. Neville
Southold Town Clerk
EL1
�G
y<
Town Hall, 53095 Main Road
CLERK
TOWNW
o
P.O. Box 1179
=
Southold, New York 11971
REGISTRAR OF VITAL STATISTICS
v' •
O
Fax (516) 765-1823
MARRIAGE OFFICER
y ��
'�O,(
Telephone (516) 765-1800
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
ati
TO: Zoning Board of Appeals
FROM: Office of the Town Clerk
�V
DATE: May 4, 1998
RE: ZONING APPEAL OPL. NO. 4573 - NEXTEL COMMUNICATIONS
(SPECIAL XCEPTION)
Transmitte herewith is ZONING APPEAL APDL NO. 4573 - NEXTEL
COMMUNI ATIONS together with a covering letter from Munley, Meade,
Nielsen Re' dated April 28, 1998, the Application for Special Exeption,
the An nna Site License Agreement, Lease Exhibit - NY 313, Exhibit B,
Exhib' 2, Exhibit 3, the Short Environmental Assessment Form, the
Zon' g Board of Appeals' Questionnaire, a copy of the deed, a copy of
the Action of the Board dated 8/18/92, another Action of the Board dated
8/18/92, a letter from Nextel, a copy of Nextel Communications on Air
Sites and copies of maps.
Elizabeth A. Neville
Southold Town Clerk
P4T-r[T\jc k-
ANTENNA SITE LICENSE AGREEMENT
This Antenna Site License Agreement ("Agreement") is entered into this day of March, 1997, between CELLULAR
TELEPHONE COMPANY, a New York general partnership d/b/a AT&T WIRELESS SERVICES, ("Licensor"), and SMART SMR
of NEW YORK, INC., a Delaware corporation d/b/a NEXTEL Communications, ("Licensee").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. Premises. (a) Licensor currently leases a parcel of land ("Land") and owns and operates a telecommunications tower
("Tower") and a communications equipment building or cabinet(s)("Enclosure") located thereon in the City of Mattituck, County of
Suffolk, State of New York, commonly known as 415 Elijah's Lane (the Tower, Enclosure and Land are collectively, the "Property").
The Land is more particularly described in Exhibit A annexed hereto. Licensor hereby licenses to Licensee and Licensee licenses from
Licensor, approximately one hundred (100) square feet of the Land, and Licensor hereby licenses to Licensee and Licensee licenses
from Licensor space on the Tower (collectively, the "Premises") and grants Licensee the right to install and maintain transmission and
utility wires, poles, cables, conduits and pipes on the Property including over, under or along a right-of-way extending from the
nearest public right-of-way to the Licensed Premises; said Licensed Premises and right-of-way for access being substantially as
described in Exhibit B annexed hereto.
(b) The Premises are a part of the same property leased to the Licensor under that certain lease between Gobil, as Landlord,
and Licensor, as Tenant, dated as of January 3, 1991, ("Prime Lease"), which is attached hereto and made a part hereof as Exhibit 1.
Licensee acknowledges that it has received a copy of the Prime Lease and that it has read and is familiar with the terms thereof.
Except as herein otherwise expressly provided, or except as the terms of the Prime Lease may be in conflict with or inconsistent with
the terns herein provided, all of the terms, covenants and provisions in the Prune Lease are hereby incorporated into and made a part
of this Agreement as if fully set forth herein; the Licensor herein being substituted for the Landlord named in the Prime Lease, and
the Licensee herein being substituted for the Tenant named in the Prime Lease. To the extent that the provisions of the Prime Lease
are not incorporated herein, the provisions above as to the respective substitution of the Licensor and Licensee for the Landlord and
the Tenant named in the Prime Lease shall not apply. Notwithstanding anything to the contrary contained in this Agreement, this
Agreement and all of Licensee's rights and obligations hereunder are expressly under and subject to the Prime Lease. In the event the
Prime Lease expires or is terminated, this Agreement shall terminate as between Licensor and Licensee on the effective date of
termination of the Prime Lease, and Licensor shall have no liability to Licensee therefor. Licensor shall give Licensee writtdn notice
of such termination or expiration of the Prime Lease as provided herein or as soon as practicable. .
2. Use. The Premises may be used by Licensee for any activity in connection with the provision of telecommunications services.
to cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and
Licensor agrees pets
any and all other necessary approvals that may be required for Licensee's intended use of the Premises.
3. Tests and Construction. (a) Licensee shall have the right at any time following the full execution of this Agreement to enter
upon the Land for the purpose of: making necessary engineering surveys, inspections, soil test borings, other reasonably necessary
tests and constructing the Licensee Facilities (as defined in Paragraph 7(a)); provided, however, such tests and constructing shall be at
Licensee's sole cost and expense. Upon Licensee's request, Licensor agrees to provide promptly to Licensee copies of all plans,
specifications, surveys and tower maps for the Land or Tower in Licensor's possession or available to Licensor The tower map plan
or similar document shall include the elevation of all antennas on the Tower and the frequencies upon which each antenna operates.
Prior to installation of the Licensee Facilities on the Tower, Licensee shall pay for any and all costs associated with any structural
analyses and modification(s) of the Tower and Licensor's equipment thereon. In approving Licensee's plans, Licensor shall not be
required to approve any modification(s) to Licensor's equipment which would measurably adversely affect or interfere with
Licensor's operation.
(b) None of die Licensee Facilities shall be installed on the Tower nor shall any construction pertaining to the Licensee
Facilities commence until Licensee has submitted its construction and installation plans, contractors and subcontractors to Licensor in
writing and such plans have been approved in writing by Licensor. Licensor shall give such approval or provide Licensee with it
requests for changes within ten (10) working days after Licensor's receipt of Licensee's plans or following receipt of any
Tower
analysis results, if applicable. Licensee shall have the right to immediately terminate this Agreement if Licensor has not provided
such approval or request for change within twenty (20) days after such ten (10) working day period. Licensor shall not be entitled ,tto7
I
R:\Icases\228c1n.d0c
receive any additional consideration in exchange for giving its approval of Licensee's plans. Licensee shall not alter any plans so
approved without following the same procedures. Licensee shall be responsible for grounding all external and internal wiring and
cabling installed by Licensee. Licensee shall obtain Licensor's prior written approval of such grounding plans
(c) Licensee shall provide all labor for the installation, maintenance and repair of Licensee's antennas and related equipment on
the Tower, unless Licensor, in its sole discretion, elects to provide such labor, in which case Licensee shall pay Licensor for such
labor; provided, however, that such labor costs shall be reasonable and that Licensor shall provide Licensee copies of all bills and
invoices for such work.
4. Term. The term of this Agreement shall be five (5) years commencing on the date Licensee begins construction of the Licensee
Facilities ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date ("Term") unless otherwise
terminated as provided in Paragraph 10. Licensee shall have the right to extend the Term for three (3) successive five (5)year periods
("Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each
successive Renewal Term unless Licensee notifies Licensor of its intention not to renew at least thirty (30) days prior to
commencement of the succeeding Renewal Term. It is expressly understood that all rights granted to Licensee under this License are
irrevocable until this License expires or sooner terminates as provided in this License.
5. Contingencies, This License is subject to the following contingencies:
(a) Licensee's ability to obtain all governmental licenses, permits and approvals required of or deemed necessary or appropriate
by Licensee for its use of the Licensed Premises, including without limitation applications for zoning variances, zoning ordinances,
amendments, special use permits, and building permits (collectively referred to as "Governmental Approvals"); provided that
Licensee shall have the right, without obligation to do so, to appeal any denial by a governmental agency and the contingency date for
obtaining Governmental Approvals; shall be extended until such time as a final decision is rendered and is not the subject of any
further appeal made or defended by Licensee. Licensor agrees to make reasonable efforts to cooperate with Licensee and join in any
application for Governmental Approvals, provided, however, that Licensor shall be reimbursed by Licensee for any of Licensor's
reasonable out-of-pocket costs associated with the foregoing; and
(b) Owner's consent to this License on the attached Exhibit 3 consent form, provided such consent is required pursuant to the
Prime Lease.
(c) If either Paragraph 5 contingency is not satisfied or waived within one (1) year from the date hereof (subject to appeal and
tolling of this contingency date pursuant to Paragraph 5 (a)), Licensor may terminate this license.on thirty (30) days notice without
liability.
6. RuiL Within fifteen (15) business days of the Commencement Date and on the first day of each month thereafter, Licensee shall
pay to Licensor as a rent One Thousand Dollars (1;1,000) per month ("Rent"). The Rent shall be increased at the beginning of each
Renewal Term by Forty Five Dollars (1;45). The Rent for any fractional month at the beginning or at the end of the Term or Renewal
Term shall be prorated. The Rent shall be payable to Licensor at Cellular Telephone Company d/b/a AT&T Wireless Services, 15
East Midland Avenue, Paramus, New Jersey 07652; Attention: Cash Receipts - 3rd Floor.
7. Facilities: Utiliti
(a) Licensee, at its sole cost and expense, has the right to erect, maintain and operate on the Premises (and as to utilities cable,
conduit, etc. specified areas at the Property) radio communications facilities, including utility lines, transmission lines, an air
conditioned equipment shelter or cabinets electronic equipment, radio transmitting and receiving antennas and supporting structures
thereto ("Licensee Facilities"). In connection therewith and subject to Paragraph 3(c) above, Licensee has the right to do all work
necessary to prepare, maintain and alter the Premises for Licensee's business operations and to install transmission lines connecting
the antennas to the transmitters and receivers. All construction and installation work shall be performed in a good and workmanlike
manner. Title to the Licensee Facilities shall be held by Licensee. Licensee Facilities shall remain Licensee's personal property and
are not fixtures. Licensee has the right to remove all Licensee Facilities at its sole expense on or before the expiration or earlier
termination of the Agreement; provided, Licensee repairs any damage to the Property caused by such removal and subject to
Paragraph 3(c) above.
3/27/97
R:Ueases\228c1n.doc
(b) Licensor shall exonerate, hold harmless, indemnify, and defend Licensee from and against any and all liabilities, damages,
costs and expenses arising out of or resulting from the negligent acts or omissions of Licensor, its agents, representatives or
subcontractors or other occupants of the Property, including without limitation, the failure of any such person or entity to exercise due
care with respect to the Licensee Facilities on the Premises or the negligent interference of any person with the Licensee Facilities.
19. Waiver of Licensor's Lien.
(a) Licensor waives any lien rights it may have concerning the Licensee Facilities which are deemed Licensee's personal
property and not fixtures, and Licensee has the right to remove the same at any time without Licensoes consent.
(b) Licensor acknowledges that Licensee contemplates entering into a financing arrangement including promissory notes and a
financial and security agreement ("Financing Agreement") for the financing of the Licensee Facilities ("Collateral") with a third party
or parties (the "Financing Entity"). In connection therewith, Licensor (i) consents to the installation of the Collateral; (ii) disclaims
any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure,
sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without
recourse to legal proceedings. Licensee agrees to notify Licensor in writing that Licensee has entered into the Financing Agreement
and of the identity of the Financing Entity.
(c) Licensor consents to the assignment by Licensee of this Agreement to the Financing Entity described in Paragraph 19(b)
above as security for the payment of all indebtedness and performance of obligations under the Financing Agreement, provided that
such assignment shall not constitute assumption by the Financing Entity of any obligations under this Agreement unless and until the
Financing Entity elects to assume Licensee's rights and obligations herein in the event Licensee defaults under the Financing
Agreement or any agreement with the Financing Entity related thereto. In such event, the Financing Entity may, but shall have no
obligation to take in its name or in the name of Licensee or otherwise, such actions as the Financing Entity may, at any time or from
time to time deem necessary to utilize the Premises in accordance with this Agreement. Licensee hereby irrevocably authorizes
Licensor to accept such performance by the Financing Entity.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
LICENSOR:
Cellular Telephone Company
d/b/a AT&T Wireless Services
By:
Jo Wart, Jr.
Vi President of System Development
Date: 7 ��
Tax ID# 16-1222067
LICENSEE:
S SMR of New York, Inc.,
?NE L t nunications vP3/
By:
scatore
President
Date:
3/27/97
R:Ueases\228dn.doc
P tNG BOARD M) MBERS S�FFO(,�
� C Town Hall, 53095 Main Road
RICHARD G. WARD � P.O. Box 1179
Chairman
- Southold, New York 11971
GEORGE RITCHIE LATHAM, JA.
COD 2 Fax (516) 765-3136
BENNETT ORLOWSKI, JR. 1_O
A�
WILLIAM J. CREMERS Telephone (516) 765-1938
KENNETH L. EDWARDS 'y,-
JLIN
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Re: Lead Agency Coordination Request
Dear Reviewer:
The purpose of this request is to determine under Article 8 (State Environmental
Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR
Part 617 the following:
1. Your jurisdiction in the action described below;
2. Your interest in assuming the responsibilities of lead agency; and
3. Issues of concern which you believe should be evaluated.
Enclosed please find a copy of the proposal and a completed Environmental
Assessment Form (EAF) to assist you in your response.
Project Name: H E X U L (f 01,V 1n u r/1 e d r1 o /iS
Requested Action: f fFIA To j62lS7-11Y,_e. Morlo Po4F
p "If l 0/29cTIC ty,q4- "yy/f i p" &117_, /rii/9S
4- W5 rA6 C A 0 C/y CL SS vR9 A
% 11)( // ` �� /4/�TEiyiy�3s �G.9Y4,,ei
SEQRA Classification: ( ) Type I
() Unlisted
Contact Person: V, 6' • Wfi ' slxl ' �
(516) 765-1938
Page 2
Lead Agency Coordination Request
The lead agency will determine the need for an environmental impact statement (EIS)
on this project. Within thirty (30) days of the date of this letter, please respond in
writing whether or not you have an interest in being lead agency.
Planning Board Position:
(X) This agency wishes to assume lead agency status for this action.
( ) This agency has no objection to your agency assuming lead agency
status for this action.
( ) Other (see comments below)
'T'o --
Comments:
Please feel free to contact this office for further information.
cerely,
Bennett Orlowski, Jr.
i
Chairman
cc: Board of Appeals
Board of Trustees
Building Department
Southold Town Board
Suffolk County Department of Health Services
NYSDEC - Albany
SaffThomas Gybul$
*Maps are enclosed for your review rev. 4/94
d
la.16•.i12'371—Text 12
PROJECT I.D. NUMBER 617.21 SEflR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
oADr t_ntan_IFl-T INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT;SPONSOR Smart SMR of New York, Inc
2• PROJECT NAME
d/b/a Nextel Communications
3. PROJECT LOCATION:
Municipality Town of Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map)
415 Elijah's Lane, Mattituck/Cutchogue, New York
Section 108, Block 4, Lot 11.3
5. IS PROPOSED ACTION:
1_1 New ❑ Expansion ZI Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Affix to the already existing telecommunications monopole at the premises three (3)
omnidirectional "whip" antennas each measuring 15.4' in length and 2.5" in diameter
and to erect a prefabricated enclosure measuring 7'2" x 11'2" in which to house
related telecommunications equipment.
7. AMOUNT OF LAND AFFECTED: Approximately 100 square feet
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
YY'1t
U Yes ❑ No If No, describe briefly
By special exception permit
9. WHAT IS PRESENT LAND USE IN VIC:NITY OF PROJECT? 1 r
0 Residential ❑ Industrial El Commercial U Agriculture Park/Forest/Open space ❑ Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
�y
❑ Yes N No If yes, list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑ Yes ®No If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑ Yes ® No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Smart SMR of New York, Inc.
d/b/a Nextel Communications Date: I
Applicant/sponsor name:
C
Off A
Signature: By: FtIA-6
If the action s n the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
ART II—ENVIRONMENTAL A 3SMENT (To be completed by Agency)
A. ODES .ACTION—=<CEE7 .ANY 7YPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the revtnw ptocssa and use the FULL E:AF.
❑ Yes ❑ No
a. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN G NYCRR, PART 617.57 If No, a negative ow;laratlon
may be superseded by another involved agency.
Yes ❑ No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible►
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish. shellfish or wildlife species. significant habitats, or threatened or endangered species? Explain briefly:
CA. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain
C5. Growth, suosequent development, or related activities likely to be induced by the proposed action? Explain briefly.
CS. Long term, short term, cumulative, or other effects not identified in C1 -CS? Explain briefly.
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly.
0. IS THERE. OR IS THERE LIKELY TO SE. CONTROVERSY RELATED TO POTENTIAL ADVERSE -ENVIRONMENTAL IMPACTS?
❑ Yes ❑ No If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if you have determined, based an the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the -reasons supporting this determination:
Name of Lead Agency
Print or Type name or Responsioie Olficer in Lead Agency Title or Responsiole Officer
Signature or Responsioie Officer in Lead Agency Signature of Preparer (It different from responsible officer)
Date
2
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated March , 1997, by and between Cellular Telephone Company d/b/a AT&T Wireless Services,
as Licensor, and Smart SMR of New York, Inc., as Licensee.
The Land is described and/or depicted as follows:
and otherwise known as
A.P.N. or P.I.N. or Real Property Tax I.D. #:
3/27/97
R:Ueascs\228c1n.doc
SCHEDULE "A"
APPLICATION FOR SPECIAL EXCEPTION
B. The applicant is licensed by the FCC to construct, maintain,
and operate a specialized mobile radio system in Suffolk County.
In order to provide reliable service to its licensed coverage area,
it must provide numerous base stations throughout the area. At the
present time there is a service gap in the Mattituck-Cutchogue
area. Hence, a base station is needed to serve Mattituck-
Cutchogue. The use of the existing monopole will obviate the need
for Nextel. to construct a new tower or monopole in Mattituck-
Cutchogue. By using the existing monopole, the base station will
not have detrimental effects on property values or the character of
the neighborhood.
0
Lease Exhibit - NY -313
Mattituck - page 1
• Existing AT&T Monopole
270de 3 Odeg
O
�150de
g
i Existing
i Bldg
................
NEXTEL
................
6'x 10' cabinet
(Pro -nosed) posed) to scale)
Existing
Parking
Area
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated March , 1997, by and between Cellular Telephone Company d/b/a AT&T Wireless Services, as
Licensor, and Smart SMR of New York, Inc., as Licensee.
The Premises are described and/or depicted as follows:
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Licensee.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire
departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actualtypes,
of
numbers, mounting positions may vary from what is shown above, subject to Licensoes approval as provided in Paragraph
the License..
S. This Exhibit is to include any plans for routing lines, utility wires, etc. on or across the Property.
327197
R:\Ic&ws\228c1n.doc
a
Lease Exhibit - NY --313
Mattituck - page 2
• Existing AT&T M
onopole & Antennas
iration
L:y,H,61T,B
I
>(2) and BMR antennas
mounted on cabinet
(not to scale)
LICENSOR FREQUENCIES:
setup:
824-835 MHz
alpha face:
845-846.5 MHz
beta face:
869-880 MHz
gamma face:
890-891.5 MHz
LICENSOR'S TENANT FREQUENCIES:
setup:
alpha face:
beta face:
gamma face:
LICENSEE'S FREQUENCIES:
setup: 851 - 866 MHz
alpha face:
beta face:
gamma face:
OTHER KNOWN FREOUENCIE1) ON PROPERTY:
EXHIBIT 2
RF ENGINEERING
10
3/27/97
R:\leases\228dn.doc
EXHIBIT 3
OWNER'S CONSENT
FOR GOOD AND VALUABLE CONSIDERATION (as defined below) PAID BY LICENSEE TO OWNER, OWNER HEREBY
AGREES AND CONSENTS TO THE FOREGOING LICENSE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USES,
RIGHTS-OF-WAY AND OTHER RIGHTS AND RESPONSIBILITIES THEREIN GRANTED TO LICENSEE. TO THE EXTENT
OWNER'S CONSENT OR APPROVAL IS REQUIRED PURSUANT TO THE LICENSE AGREEMENT, OWNER HEREBY
AGREES THAT SUCH CONSENT OR APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED.
Consideration, as used herein, shall mean the following:
1 I 3271'97
R:Ueases\228c1n.doc
M
-;.he O.I.S. L%vi,onmental Oualit/ Review Act :aauires submife4on
aC t -`.is :orm, and an anvi:,xnrseacal .&view will La mdae i,y er-13 uaara
before any action is taken.
SHORT MIMTRONHSNTAL ASSF.SSMIT !Oita'!
LYSTRUC^+IONS
(al _z ardor to answer the queations its this char= MAF it is assumed
that the praparar Will use cuz.onc_y Availabla L -e-= Mian concarninq the
project and tea likely impaats of -he aarian- It is Doc alxpectad that
addit�ional studios, roaearc.'i or othar invastigations will be undartak4a.
(b 1, It any question has been answered Yam tan project may be siq-
nificaat ant cotanlat4d anvlsonmeatal amsansmant rota so necessary.
(c) Z_ all questions have been answered :la it is Likely that tba
pm j act la no% a=; ; • caaz.
(d) UvironmentzI Assessment
1. Will grajece result in a large physical cSange
to the project mita or physically'alta= Moze
than 10 acres at land? ,rat : X va
2. Will thsze be a major change to any unique or
unusual land 'a= an the site? Yes Xare
3_ Will project altar or have a Largn eflecc as
an axistiaq body at water? Yon Xno
i. will project have a pacanz,ially large .'.=pact an
gxzundwacar qualitri? Yes X .No
S. Ril; arcjec signi l cantly aflecc dralnaga Clog
an adjacent sites: Yea X No
b. Mill projeca ":!act any t-hreataned or andangaxed
plant or animal species? Yea XNo
T. will project result in a major advarsa effect an
air quality? Yes 1-40
8. Will projec• have a major at_acz an 7isual char-
actar of i:ha: COumatnai:t or scenic viaws or vfa-•-
)Mcwn a be ispar-..otic to tke eoaumua:rl7 Yes -Na
5, xil_, project adveuraely impact -any alta or
era aid h:Lstorie, pra-histor-a, or palaancalagi.c&L
ivapor-_ase ar nay siva dasigttated as a C��c:csJ.
envz••emuntal area by a local agaacy? Yea X Na
to • will ora j act 1aava a mi j or etface on axisc:.nq or ;
:tita,"g :ec=aational appor:rnit;ea? -Yes X Na
L'. Will projeee result in major `saftia prrblma or
Cause a major al:ect :a axisu••__q _Anspor ratii 0A
systems? —Yam X No
12. Will projacr=equiariy caus4 objectionable Odors. _
acUe, glare, vibration, or elacr--. cal distu zz-
Anca am a result oC whe prolec:'s operattan: „,,�:es XNo
Will Project have any ;,Pec, an pu*L-' c heal`
or safecy? �;:ls X No
14. Willprojao:..af:4ce ; :e ax«s.iaq cammuni_I by
di,oca_y causi:.q a gtowt: L -t pa=ananc popula-
cion of sora than S Descant aver. a cue -year Yam X Nc
=eriod Zr have A aaJor aag4tive a==set, an the
;; ;a=ac=ar our aha c=Munlry ar nexq.•ubor: ood?
"C. :; :hers pu:i'c o e a• nc t:a' q .:ire
pra;ecs? �% rt +�"o env 'o cat ops Yen X Ya
;ePrasea.,r.;: E s Oaeae '
S'd MA 18 WM-13IW 13C n:Si e6. 90 8'JW
r
9U4T,C.REck Z:?E
: Cfl FTn1!TG. WTTu YOUR Z . 3. A: APPLICATIC'N
A. Please disclose the names a= the owner(s) and air other
ind v,duals (and enc .t{ es) hav .--g a 9laaaeial i ntat east im "-.)e
subject pre. izds and a descrirt;an of their interests
(separate sheet 'may be att_ched.)
William J Baxter Jr. and Jane P. Goeller Owners
Smart SMR of New York. Inc. d/h/a Nextel CommunicatJ=' -_Lessee
3. Is tae suhjecr ;rem=ser 1s.szaa an the real es:.ate �axt_xet mor
- sale ar being shown to prosVm=ive buyers? { } des
( X ) No. (-= "es. ple3sa a.. ac', c=r a -A "ccndU*..--s" at see.)
C. Are there, atr_rr'-'zposa? s tm cage = alto -0- ?T t '
{ } yes {X} No
D. 1. Are them any areas wb;ch cestai.- wetland g=•asses? NO
Z. �lre the wetland areas shown On the map SUt=Lnted wi:.h
tbliz apulication? NO.
3. is the anv T
raerhu.13 eased. bet'dden the wetlands aiea and
the upland building azea?. NO
4. " Ii your prcper `r contains Wet;aCds or nand areas, haVe
you contacted the Ofyiee of the Town Tristees. Lor its
deter: i ae:.cn of jurisdiction? _((Q,,,,�,_
Z. Is there a depression. or slcpicg elamation near the area of
prcposed cons=- ct cn az or below sive feet above mean se=.
lsvel? NO— (- not applicable, state. "N . A. " )
Are the_"" any pati' -S , =X%creta bar -ie.: s , buLChea S ar y an
•which exist and are =r'- shcwa ca the surreY map that lou .—:
subMittia-V. NONE none east, please state ":.one."
G. Do you have any con =%zc-"cn. ' taking Mace at 'mss tlme
ccnce_m—ming mu= premises?. NQ_ if yes, Please s- .'_t
of your buil d4ig rer�lt anti :nap as apprnved by che=u'_'_di~r,
Depar='Ienm. 'x acne, please sate.
E Do you or any te�-cwner alsd cwn ather land cissa =a t i s
_arcel?� NO :es, r�e3s2 e. el-°.^ '.cher= cr s -.::::i._ topics
of deeds.
Please i? su =esenr- Use or eperar.:.crs ccrduccod at t _s
rarcml Public uti)ity telecommunications site and
rrcpcscd use Public i i a ecommun ca i ons site
SMART SMR OF NEW YORK, INC. d/b a
NEXTEL CO UNICATIONS
03
b • d 38 1 WMIM H ' 3aU3W ' A3-*JnW Z Z : S i 86. 90 ddW
r,j iE >< -r E: t- COMMUNICATIONS
um lclita
ON Al R SITES
riet * it -_:j
_Greenporl
D/ erin1, Harbor g f ldaad,
ArAamonaq e 1-14 .\e
N162
I '\ Heights
Southold eliedow-k-Afe-sy 773
4.
-4 �'Sbeiler :[island t;
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4uthold fireplace lkil4ge Cli C
o',Mleih oreland
P -econ lar-eolqnij, E:, .
tM Gera
labii .one Part,
4�rd Park
A*swhing Waters
cutchogpelStatin East Cut6hogue Ufai
S N apd are
Pks LLandingg
North Haven , 'g
Cutcbogue pinNeckg
F A Id
rb it. d e Barne.q 1.2indl
PZ170 liffolk ag.fta' or
Rherhead a t ck-' New'S /I
v6i Land q 7
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O
�• N159
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Onsett
09 vv Jericho Rampton
Bain g mespor
t/v!
B N214
Aqu gue Bridge AMD.
6 h Jamesport 0 Wkinscotr Ewthamptow,
f Ql; North e
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Sw vze Rivcrliead Nlec q Village
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AfiotrR ace So thamp on
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01/"'q 4 k
A PLANNING BOARD MEMBL• .—
(� BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
May 7, 1998
Jennifer H. Goody
Munley, Meade, Nielsen & Re'
Attorneys at Law
160 Middle Neck Road
Great Neck, NY 11021
RE: Base station for Nextel Communications
Main Road and Route 25, Mattituck
SCTM# 1000-108-4-11.3
Dear Ms. Goody,
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
The Planning Board has received your letter of April 28, 1998, regarding
locating omni -antennas on an existing monopole tower.
The Board will start processing the application. However, review and
approval of your request by the Zoning Board may be required before
any possible final site Plan approval by this Board.
Please submit the site plan at a scale of 1" = 20' and elevation drawings
of the prefabricated enclosure showing the mounted antennas. Enclosed is
a list of items typically required by the Architectural Review Committee.
If you have any questions, or require further information, please contact
this office.
Tner
cc: Gerard P. Goehringer, Chairman, Board of Appeals
J
r
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 7, 1998
Lawrence Ray, Esq.
Munley, Meade, Nielsen & Re
160 Middle Neck Road
Great Neck, NY 11021
Re: Nextel/Baxter, 415 Elijah's Lane 1000-108-4-11.3
Dear Mr. Ray:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
This will confirm our department's request with you and
Jennifer Goody, Esq. for the following documentation. This
documentation is necessary before the application is deemed
complete:
(a) seven (7) full sets of the site plan and construction
diagrams confirming the exact height of the antennas to be located
(and the extended height, if any, of antennas and tower beyond the
existing antennas) .
(b) consent of the property owner, or copy of lease
agreements with all the parties (owner, tenant, sub -tenant) .
(c) list of surrounding property owners from Assessors' Office
as shown on the current assessment records.
If the above information is received by our office before
Thursday, May 14, 1998, a public hearing may be noticed in time for
the June 11, 1998 meeting. (Please note that a reduced copy of the
map with description of the application must be included with the
certified mailings by your office to the surrounding and abutting
property owners. )
Please let us know of the approximate time period involved.
Thank you.
6 S3 %
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
MUNLEY,, MEADE9 NIELSEN & RE
ATTORNEYS AT LAW
n I
160 MIDDLE NECK ROAD
GREAT NECK, NEW YORK 11021
sE(516) 487-6500
TELECOPIER (j • �f L)
(516)487-6530 �J(
u •`
APR •
• JI t
April 28, 1998
Mr. Gerard Goehringer
Chairman of the Board
Board of Appeals
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
RE: 415 Elijah's Lane
Mattituck, New York
Section 108, Block 4, Lot 11.3
Dear Mr. Goehringer:
We are attorneys for Nextel Communications with respect to its application to establish a base
station at the captioned premises.
Pursuant to the recent amendment to the Town Zoning Ordinance, we believe that inasmuch as our
client intends to utilize an existing monopole, no Special Exception Permit should be required.
However, under a previous ruling by the Board, Application Nos. 4022SE and 4023, the Board
required that, "5. No other structures, buildings, or uses shall occupy or be located on the premises
unless further application is made to this Board under this Special Exception, as well as the Planning
Board under the site plan regulations, in order to reconsider all zoning standards...."
Under the circumstances, we request that the requirement for Special Exception be waived. In the
alternative, if a Special Exception Permit is required, we request that consideration for our
Application be expedited. To that end we enclose the following:
1. Six (6) copies of the Application;
2. Six (6) copies of the Short Environmental Assessment form;
P --
Mr. Gerard Goehringer
page 2
3. Six (6) copies of the ZBA Questionnaire;
4. Six (6) copies of the deed; -
5. Six (6) copies of each of two (2) prior Town approvals; G, , �
6. Six (6) copies of a written site location alternative analysis;- C
7. Six 6 copies of an IWS'
' w' el facilities 1
() p snp 8. One (1) copy of the 1agree nt
m
9. Six (6) copies of the projected coverage of the Mattituck site (map A);— ►nn�5 ^ -' �'
10. Six (6) copies of interaction of the proposed site with existing Nextel sites map B);
11. Our check no. 245001478, in the amount of $400.00, payable to the order of the
Town of Southold for the filing fee.
Should you have any questions regarding the foregoing, kindly call your writer.
Very truly yours,
MU
By:
Jhg
Enclosures
dc, y r s C u n D'c� W I Gfuxuae+ w l i r) P r um s O�2,
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
Prep. 5/5 AGENDA
Upd. 5/11, 5/12 SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, MAY 14, 1998
6:30 p.m. Call to Order by Chairman Goehringer
I. SUBMISSIONS AND BOARD REVIEWS PENDING (as of 5/11):
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
A) Mattituck Products Co., LLC - submission for board
review regarding request for drive -up or drive-thru window at
existing McDonald's Restaurant, 8805 Main Road, Mattituck. It.
Hearing is requested by applicant, if possible.
B) Nextel/Baxter - proposed co -location of antennas at
Elijah's La, Mattituck. It. Resolution was adopted 4/30 to
advertise for June 11th hearing. Reviews pending.
C) Frank Gaston - proposed deck addition/bulkhead setback
variance at Bayview Avenue, Southold. jd. June 11 hearing is
requested, if possible.
D) Charles Synder - accessory garage location at 704 Wiggins
Lane, Greenport. It. June 11th hearing is requested, if possible.
E) Carl + Lynne Fritscher - corners of "as built" foundation
require variances. BP 24539Z was issued 10/28/97. June 11th
hearing is requested, if possible.
II. PUBLIC HEARINGS:
6:40 p.m. Appl. No. 4559 - CHRISTOPHER PLIACONIS . Continued
hearing was requested by Ronald Hellman (recessed from 4/16). "As
built" pool location affecting lot coverage limitation. Snug Harbor
Road, Greenport.
6:45 p.m. Appl. No. 4565 - STEVEN ZUHOSKI. Variance under
Article XXIV, Section 100-244, based upon the Building Inspector's
March 30, 1998 Notice of Disapproval for a proposed garage addition
with an insufficient side yard setback at property known as 1090
Gold Spur Street, Cutchogue; 1000-95-4-18.12.
6:50 p.m. Appl. No. 4566 - FRANK BERTETTO. Variance under
Article XXIV, Section 100-244B, based upon the Building Inspector's
Page 2 - May 14, 1991 agenda
Updated May 1l, 1998
Southold Town Board of Appeals
April 7, 1998 Notice of Disapproval for an "as built" garage
addition. Pending building permit No. 24632Z was issued 2/3/98.
695 Shore Drive, Greenport; 1000-47-2-18.
6:55 p.m. Appl. No. 4564 - BAYVIEW/SOUTH HARBOR, L.P.
Variance under Article III, Section 100-33, based upon the Febru-
ary 10, 1998 Notice of Disapproval issued by the Building Inspector,
to locate a proposed accessory garage in an R-80 Zone District in an
area other than the required rear yard. Location of Property:
Along the easterly Side of South Harbor Road (also extending near
the end of Grange Road), Southold; 1000-75-4-22.6 (formerly parcel
of 22.4).
7:00 p.m. T. PETIKAS. Carryover Hearings from March 23,
1998: Proposed two-family use on a 21,000+- sq. ft. parcel in this
R-40 Residential Zone District. Location of Property: Corner of the
Westerly Side of Sound Road and the Northerly Side of North Road
(C.R. 48) (a/k/a Northerly End of Main Street), Greenport;
1000-35-1-8, which requires approval from the Board of Appeals for
the following:
a) Special Exception Application No. 4525 as provided by
Article III -A, Section 100-30A.2 for a two-family use/occupancy; and
b) Variance Application No. 4526 as provided under Section
100-31A.3 for the reason that the substandard lot size of 21,483 sq.
ft. does not conform to the requirements for a two-family dwelling
use in this R-40 Zone District; and
C) fence in excess of four -ft. height limitation within or
along front yard areas, based upon the building inspector's
February 10, 1998 Notice of Disapproval, Article XXIII, Section
100-231.
7:10 p.m. Appl. No. 4560 - ROBERT AND ANN SHANK. (Carryover
hearing from April 16, 1998 for continuation) . 820 Fisherman's Beach
Road, Cutchogue; 1000-111-1-19.1.
7:25 p.m. Appl. No. 4547 - RIVERHEAD BUILDING SUPPLY.
( Continued hearing from March 23, 1998) . This is a
variance based upon the Building Inspector's January
of Disapproval which reads as follows:
request for a
2, 1998 Notice
1) the proposed structure being located in an LIO District is
permitted to have a maximum of 60 feet of frontage on one street.
The proposed building is approximately 115 feet facing Rt. 25,
Article XIII, Section 100-133C;
2) When fences are located in or along side and rear yards,
they shall not exceed 6-1/2 feet in height, pursuant to
s
Page 3 - May 14, 1996 agenda
Updated May 115 1998
Southold Town Board of Appeals
100-231B...... Location: 74610 and 74500 Main Road, Greenport;
1000-46-1-1 and 2.1, combined as a single lot.
III. DELIBERATIONS/ DECISIONS:
A) Appl. No. 4554.1c - D. LAV EGLIA . Proposed new deck
with railing of garage affecting height and staircase yard setback.
(Possible continued discussion for screening with 6 ft. tree 4 ft.
apart for a 24 ft. distance. Hearing concluded 4/16).
B) Applications from above (finalized this evening) .
IV. OTHER STATUS/UPDATE:
A) Pending application: Bell -Atlantic, Mattituck Project.
Await direction from attorney for applicant and memorandum of law
requested at 2/4/98 hearing.
B) Request for comments from Planning Board as lead agency
regarding the following applications and SEQRA:
Bell -Atlantic, Mattituck Project.
M. Rosen - radio transmission tower and office use.
Nextel - proposed co -location with second antenna on
existing monopole at property of W. Baxter, Elijah's Lane
property.
AMAC, Inc. - proposal for canopy over existing pumps at
Laurel gasoline station.
V. SEQRA: Type II Declarations for setback, lot -line, accessory
uses and buildings, height variances related to accessory buildings,
waivers under Section 100-26, or interpretations.
VI. MISCELLANEOUS/RESOLUTIONS/OTHER:
A) RESOLUTION: Minutes of April 30, 1998 Special Meeting
B) RESOLUTION: Minutes of April 16, 1998 Regular Meeting.
C) RESOLUTION: Add designated applications to June 11, 1998
hearings calendar and authorizing advertisement thereof.
VII. JUNE 11, 1998 ADVERTISEMENTS FROM PRIOR RESOLUTION
( site visits, etc.):
1. Appl. 4568.1c D. SEGRETE. Pool location.
2. Appl. 4569.jd KROPF.
S
Page 4 - May 14, 199:, agenda
Updated May 111., 1998
Southold Town Board of Appeals
3. Appl. 4570.1t FRAZZITTA. Addition.
4.
Appl.
4571.1c
MILLIS. Garage/lot coverage.
5.
Appl.
4572.jd
METHVAN, NICHOLAS Coverage.
6.
AppL.
4573.1t
NEXTEL. Co -location of antennas.
7. Appl. 4574.1c CHATPAR . Accessory garage and
addition setbacks, 680 Midway Road, Southold.
8. Appl. 4544.1t M. ROSEN . ( Continued from 4/16).
CA/o+E; 9. - 11. Possible additional hearings from page 1
------------------------------------------------------------------X
Nextel Communications
1 North Broadway, 2nd Floor, White Plains, NY 10601
914 421-2600 FAX 914 421-2700
NEXTI.M.
To address the concerns of the planning department I offer the following;
The purpose of the proposed Nextel antennas is to allow our customer's portable units to
communicate with the proposed site and in turn the entire Nextel network. The antennas
have the dual function of receiving radio signals from customer's portable units as well as
transmitting radio signals to those units. Signals are sent from a portable unit, via the
antennas, to the proposed site. At the site those signals are sent to our central switch in
White Plains, NY along the existing landline telephone network. At the switch, the call is
either routed to another site for transmission to another portable unit via landline, or is
routed into the local or long distance telephone network in order to call outside of the
Nextel network.
The services provided by the Nextel network include two way radio dispatch, alpha-
numeric paging capability, and telephone service all in one small unit. These services are
provided on a secure digital platform, which provides security to those using the system.
Users of the Nextel system can complete 911 Emergency calls in areas with reliable
service. The security feature has been recognized and used by such groups as the Nassau
County Police Detectives, security for the Pope's recent visit to the New York area, and
to coordinate the efforts of the agencies participating in the Flight 800 rescue operation
and investigation. In addition, small craft not normally equipped with a marine radio
would be capable of calling the Coast Guard in case of emergency in an area of reliable
service.
The proposed antennas will provide coverage between our existing site in Southold and
another existing site in Riverhead. The proposed candidate is the only site we have
evaluated, as it is an existing telecommunications facility that was located within the
confines of our search area. Locating on this site seemed common sense, since this would
obviate the need to construct any new antenna structure and was an existing use.
Currently, we have no plans for any other sites on the north fork other than a possible co -
location on the Sprint tower in Greenport.
In the unlikely event that these sites would ever reach maximum capacity we would seek
out potential candidates using the same criteria used to locate the one we have proposed.
That is, we would seek out existing structures, preferably existing communications
facilities, that would minimize any impact our presence might have on the community
Nextel Communications
1 North Broadway, 2nd Floor, White Plains, NY 10601
914 421-2600 FAX 914 421-2700
NEXTEL"
which we seek to provide service.
The purpose of the BMR, or Base Mobile Radio Antenna, is to allow technicians to
communicate with the site from within the site. It allows the site to communicate with
itself for diagnostic purposes, and is approximately the size of a softball.
The purpose of the GPS, or Global Positioning System Antennas, is to keep the site
time synchronized with the rest of the system. The GPS system provided by the federal
government incorporates this time feature in addition to the more commonly used means
of global navigation. One antenna is redundant, used as a backup in case one fails. If both
antennas fail the site will shut itself down. These antennas only receive and are
approximately the size of a hockey puck.
If there are any further questions, please call me at (914) 448-4366 and I will see that
they are addressed.
Timothy Mulverhill
RF System Performance Engineer
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
Appl. No. 4022SE.
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for
Special Exception approval under Article VIII, Section
100-81B(1), and Article III, Section 100-31B(6) for an unmanned
telecommunications building in an existing concrete block
building and construction of a monopole radio tower with antenna
for transmitting and receiving radio signals to provide cellular
telephone services. Location of Property: 415 Westerly side of
Elijah's Lane, Mattituck, NY; also shown on Planning Board Map
of May 15, 1990, Map 8937; Parcel #1000-108-4-11.1 (part of 11).
WHEREAS, action was taken, after proper notice and public
hearing, by the Board of Appeals on July 25, 1991 denying the
applicant's request for a Special Exception under the "public
right-of-way" provision of the residential zone district, and
due to impropriety of the selection of the zone district as it
relates to residential uses;
WHEREAS, an Article 78 proceeding was commenced seeking to
reverse and annul the Board's denial of the Special Exception;
and on May 28, 1992, a true copy of the court judgment decided
by Justice Robert W. Doyle reversing the Board's decision was
delivered; and
WHEREAS, the time for the Town to appeal this Court
decision, as requested, has passed; and
WHEREAS, the public utility installations are essential for
providing services to the public interest devoting its property
and its right-of-way to such public use and service and stands
ready to serve all the public;
WHEREAS, the public utility company has guaranteed the Town
and the unrestricted public of its telecommunications services
to the public,
NOW, THEREFORE, on motion by Mr. Goehringer, seconded by
Mr. Doyen, it was
RESOLVED, that a Special Exception for telecommunication
use for utility services directly for public use, as applied
under Appl. No. 4022, and re -confirmed at the Board's July 29,
1992 meeting, be and -hereby is GRANTED SUBJECT TO THE FOLLOWING
CONDITIONS:
nage -2 - Appl. No 122
Cellular Telephonk- Metro One) - August 18, 1
1. The height of the proposed accessory monopole radio
tower shall not exceed 100 feet, as requested;
2. The fall -down radius of the tower shall be as
submitted, with the following setback distances:
a) 95 feet from the proposed tower to the northerly
property line;
b) 70 feet+- from the proposed tower to the southerly
property line;
c) 69 feet from the rear wall of the accessory
one-story block building.
3. Any future expansion for the storage of the
telecommunications equipment to areas outside of the existing
one-story block building located in the rear yard will require
further application for Special Exception consideration; and
4. In the event this transmission tower becomes obsolete
or its use is discontinued for the telecommunications purposes
requested in this application, the tower shall be removed within
three months of its obsolescence, and it shall be the
responsibility of the owner, subsequent owners, successors,
assigns, and/or the applicant herein to comply with this
condition, at their own expense; and
5. No other structures, buildings, or uses shall occupy or
be located on the premises unless further application is made to
this Board under this Special Exception, as well as the Planning
Board under the site plan regulations, in order to re -consider
all zoning standards, including safety, health, and welfare
standards and concerns; and
6. Lighting shall be placed near the top of the tower for
aircraft safety purposes; and
7. Appropriate screening and site plan approval from the
Southold Town Planning Board for this Limited Business (LB) Zone
District;
8. Written covenants and restrictions shall be submitted
in recordable form; and after acceptance by the Town, the
original shall be recorded by the applicant in the Office of the
Suffolk County Clerk and a copy of same furnished with the
Office of the Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
c
'Mage 3
1 Appl. No. 4022 - CE ular Telephone (Metro One
Decision Rendered August 18, 1992
Villa. (Member Dinizio abstained.) This resolution was duly
adopted with a quorum vote of the Board.
lk
GERARD P. GOEH&INGER, C IRMAN
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
Appl. No. 4023.
-,A ."L
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD
I D -
7L,e,�
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516)765-1823
Telephone (516) 765-1800
CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal
of the March 14, 1991 Notice of Disapproval issued by the
Building Inspector for an Interpretation under Article XXIII,
Section 100-230 concerning a proposed 104 ft. height of a
monopole structure for radio transmission, and in the
alternative, appellant requests a variance from the height
restriction. Location of Property: (#415) Westerly side of
Elijah's Lane and the Northerly Side of the Main Road (NYS
Route 25), Mattituck, NY; also shown on Planning Board
subdivision -approved map of May 15, 1990; property now or
formerly of William J. Baxter and Others; County Tax Map Parcel
ID No. 1000 -108 -4 -part of 11.
WHEREAS, a public hearing was held on July 29, 1992, at
which time all those who desired to be heard were heard and
their testimony recorded;
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application for an Interpretation as
authorized by Section 100-271(d){1} of the zoning code appealing
the March 14, 1991 Notice of Disapproval issued by the Building
Inspector which states as follows:
"...PLEASE TAKE NOTICE that your application
dated March 14, 1991 for permit to construct
radio tower and structure ... is returned
herewith and disapproved on the following
grounds: Article VII, Section 100-81B site plan
approval required by Planning Board & Special
Exception required by Zoning Board of Appeals,
'Page 2 - Appl. No 23
Decision Rendered August 18, 1992
Matter of CELLULAR TELEPHONE (METRO ONE)
Section 100-230 on height exceptions may require
interpretation by Zoning Board of Appeals... ."
2. Proposed in this project is the placement of an
accessory telecommunications (radio transmission) tower in the
rear yard area at premises known as 415 Elijah's Lane,
Mattituck, identified on the Suffolk County Tax Maps as District
1000, Section 108, Block 4, Lot #11.3 consisting of 1.85 acres.
3. The subject premises is owned by William Baxter, Jr.
and others, and the applicant is the tenant, Cellular Telephone
Company, a New York General Partnership (d/b/a Metro One).
4. The use of the proposed accessory tower and the rear
concrete building for public telecommunications purposes has
also been conditionally approved by Special Exception Appl.
No. 4022, and the following information is noted for the record:
(a) Cellular One is a public utility under the Laws
of the State of New York and holds a franchise from the Federal
Communications Commission to serve the public within the Town of
Southold;
(b) Cellular One's FCC Franchise requires that
Cellular One provide cellular telephone service within the
geographic boundaries of the Town of Southold, providing a
quality service consistent with the requirements of the Public
Service Commission;
(c) Cellular Telephone Co. will conduct mobile
communications by radio consisting of mobile units either
mounted in vehicles or hand -carried sending to and receiving
signals from fixed base sites. Different frequencies are set
between cells, and good overlap between cells will permit a
better grade of service. Movement to outside of the range of
the cell, would cause weaker coverage, and when a cell is
missing, coverage is not uniform and service can drop. (See
the sworn affidavit of Scott Fox, Director of Engineering for
the applicant/company dated July.29, 1992 in which the steps in
determining the necessary height of the antenna for a cell site
are provided in detail);
5. The structure which is the subject of this application
is a 100 ft.,high pole -type structure (96 ft. pole plus attached
four -ft. high, 12 -ft. wide antenna at the top) as shown on the
construction diagram prepared by Juengert/Grutzmacher
Architects, submitted July 27, 1992. This structure is
free-standing (separate and detached from any other buildings).
Page 3 - Appl. No. 23
Decision Rendered August 18, 1992
Matter of CELLULAR TELEPHONE (METRO ONE)
6. Section 100-33 of the Zoning Code specifically
provides a height limitation at 18 feet for accessory
structures. This restriction is applicable to the Limited
Business and Agricultural -Conservation Zone Districts.
7. Height restrictions have always been less than 35 feet
for principal structures, and 18 feet or less for accessory
structures since the inception of zoning in April 1957.
8. During January 1989, a subsection was added for certain
height exceptions under Section 100-230D, for:
(1) Spires, belfries, cupolas and domes not for
human occupancy; and monuments, transmission
towers, chimneys, derricks, conveyors, flagpoles,
radio towers, television towers and television
aerials, provided that any television or radio
aerial shall not be located nearer than a
distance equal to its height above the roof or
other permanent structure to which it is attached
to any overhead electric transmission line
carrying more than two hundred.twenty (220)
volts.
(2) Bulkheads, observation towers, monitors,
fire towers, hose towers, cooling towers, water
towers, grain elevators or other structures where
a manufacturing process requires greater height,
provided that any such structures that are
located on any roof and that exceed in height the
limits in the particular district shall not in
the aggregate occupy more than twenty percent
(20%).
9. It is, and has been the opinion of this Board, since
the inception of zoning in 1957, that a structure which is
free-standing and is not attached to the top of a building such
as those excepted in Section 100-230D are clearly governed by
the 18 ft. height provision of Section 100-33. See the Limited
Business Zone District, Article VIII, Section 100-81(C1), which
reads as follows:
C. (Amended 5-9-89 by L.L. No. 6-1989).
Accessory Uses. The following uses are
permitted as accessory uses and, except
for the residential accessory uses and
signs, which are governed by Article XX,
are subject to site plan review:
d
Page 4 - Appl. N( )23
Decision Renderea August 18, 1992
Matter of CELLULAR TELEPHONE (METRO ONE)
(1) Any accessory use as set forth in and
regulated by Section 100-31C(1) through (8)
and subject to the conditions set
forth in Section 100-33 thereof..." ;
Section 100-11 does provide that where a provision or
requirement which is more restrictive or which establishes the
higher standard shall govern.
10. It is also the opinion of this Board that this
structure does not fall under Section 100-230D which applies to
television or radio towers or aerials attached to a permanent
structure (such as CB, ham radio, TV antennas, and the like)
accessory to the principal building and principal use of the
property. It is this Board's position that the subject pole
tower is not a roof -type antenna and is deemed a separate,
accessory structure. Accessory structures are governed by
Section 100-33 in the Limited Business Zone District; and
WHEREAS, public utilities
the Town to provide essential,
services to and for the public,
rights-of-way and its land;
have always been recognized by
unrestricted telecommunications
over, on and through its
NOW, THEREFORE, on motion by Mr. Goehringer, seconded by
Mr. Doyen, it was
RESOLVED, that it is the Interpretation of this Board that
the height restriction under Section 100-81C(1) and Section
100-33 of the zoning code is applicable for all types of
accessory structures, including those intended for
telecommunications and other permitted accessory uses; and
BE IT
FURTHER RESOLVED, that a variance for a total height as
requested of 100 feet for an accessory monopole
telecommunications tower to provide utility services directly to
and for public use, as applied under Appl. No. 4023, be and
hereby is GRANTED SUBJECT TO THE.FOLLOWING CONDITIONS:
1. The height of the proposed accessory monopole tower
shall not exceed 100 feet, as requested, and shall not exceed
the structural dimensions shown on the plan prepared by
Juengert/Grutzmacher Architects dated 1-26-91, Job Number
9037-174 (unless necessary and approved for safety purposes);
2. The fall -down radius of the tower shall be "as
submitted" with the following setback distances:
-Page 5 - Appl. N( )23
Decision Renderea August 18, 1992
Matter of CELLULAR TELEPHONE (METRO ONE)
a) 95 to 103 feet to the northerly property line;
b) 69 to 62 feet from the proposed tower to the
southerly property line and radius clearance of approximately
40 feet past the southerly property line over onto adjoining
property to the south, also owned by William J. Baxter;
c) 62+- feet to 69 feet from the rear wall of the
accessory one-story block building.
3. Any future expansion for the storage of the
telecommunications equipment to areas outside of the existing
one-story block building located in the rear yard will require
further application for Special Exception consideration; and
the tower and equipment building must be continuously maintained
in good condition at all times;
4. In the event this transmission tower becomes obsolete
or its use is discontinued for the telecommunications purposes
requested in this application, the tower shall be removed within
three months of its obsolescence, and it shall be the
responsibility of the owner, subsequent owners, successors,
assigns, and/or the applicant herein to comply with this
condition, at their own expense; and
5. No other structures, buildings, or uses shall occupy or
be located on the premises unless further application is made to
this Board under this Special Exception, as well as to the
Planning Board under the site plan regulations, in order to
re -consider this Special Exception and all other zoning
standards, including safety, health, and welfare standards
and concerns; and
6. Lighting shall be placed near the top of the tower for
aircraft safety purposes; and
7. No excessive (disturbing) noise levels;
8. Monitoring shall be as per FCC mandates;
9. Appropriate screening and site plan approval from the
Southold Town Planning Board for this Limited Business (LB) Zone
District;
10. Written covenants and restrictions shall be submitted
in recordable form; and after acceptance by the Town, the
original shall be recorded by the applicant in the Office of the
Suffolk County Clerk and a copy of same furnished with the
Office of the Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Page 6 - Appl. No J23
Decision Rendered tiugust 18, 1992
Matter of CELLULAR TELEPHONE (METRO ONE)
Villa. (Member Dinizio abstained.) This resolution was duly
adopted with a quorum vote of the Board.
lk
GERARD P. GOEFiRING R, CHAI
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