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Home My WebLink About4753'�, �EP%✓�%r'a'�;��'st/�(j$ f—/'`-3`P"ems° _. _. ___ _..._ _._ _._�:��.. itI've-w4)1 cA A�'PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION OCTOBER 14, 1999 MEETING Appl. No. 4753 - PAUL AND RUTHANNE CORAZZINI STREET & LOCALITY: 3120 Albertson Lane, Greenport 1000-52-4-1.2 DATE OF PUBLIC HEARING: October 14, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 3.025 acres 200 ft. frontage along the Albertson Lane in Greenport. The property is improved with a two-story frame dwelling with attached garage, and accessory frame garage and accessory swimming pool with deck structure located in the required current rear yard location. BASIS OF APPLICATION: Building Department's September 10, 1999 Notice of Disapproval denying a permit to locate an addition onto the rear of applicants' house, for the reason that the addition "places the existing pool and garage into newly created side yards;' contrary to the requirement of Code Section 100-33 that accessory structures be in a rear yard. VARIANCE RELIEF REQUESTED: Applicants are requesting a variance which would allow issuance of a building permit for construction of the house addition, as proposed. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1) The locations of applicants' existing house, garage and pool are such that the only reasonable way to expand the house is by adding to the rear. Because such an addition will lengthen the side yards and shorten the rear yard, applicants cannot expand their house without a variance allowing the existing accessory structures to be in the side yards. 2) Applicants' garage and pool were built in 1995 and 1991, respectively, and are established elements of the site. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the location, appearance and use of these structures will not change, although they will technically be in the side yards, not the rear yard. 3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 4) Grant of the requested variance is the minimum action necessary and adequate to enable Applicant to expand his house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. i Page 2 - October 14, 1999 ZBA Appl. No. 4753 - P. and R. Corazzini Parcel 1000-52-4-1.2 at Arshamomaque In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of an addition to their dwelling, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. BOARD ACTION/RESOLUTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER HORNING. This Resolution was duly adopted (579)! aERARD P. GOEHR] For Filing 10/19/99 RECEIVED AND FILED BY TFE SOUTHOLD TOW14 CLERK I LATE �D/i 9/69 HOUR 'b.^ n Cer'-r. "'Wn e: `onil.o:d NOTICE OF PUBLIC HEARING THURSDAY OCTOBER 14,1999 SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 14. 1999 at the time noted below (or as soon thereafter is possible); 6:55 p.m. Appl. No. 4753 - PAUL and RUTHANNE CORAZZINI.. Based upon a Notice of Disapproval dated September 10, 1999, a Variance under Article III, Section 100-33 is requested with respect to the location of an existing garageand pool, both in a side yard area (yard designation modified due to the proposed location of a dwelling addition), at 3120 Albertson Lane, Greenport, NY; County Parcel No. 1000-52-4-1.2. The Board of, Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: September 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS N. FORM NO. 3 1. TOWN OF SOUTHOLD ` BUILDING DEPARTMENT SOUTHOLD, N.Y. _." ®_ --.-- NOTICE OF DISAPPROVAL DATE; September 10, 1999 TO Paul Corazzini 3120 Albertson Lane Southold N.Y. 11971 Please take notice that your permit application dated August 16, 1999 For permit to construct an addition to existing one family dwelling at Location of property 3120Albertson Lane Southold County Tax Map No. 1000 -Section 52 Block -4 Subdivision Filed Map # Lot # Lot 1_2 Is returned herewith and disapproved on the following grounds pursuant to Article III Section 100-33 which states; In the Agricultural -Conservation District and Low -Density Residential R-80 R-120, R-200 and R-400 Districts accessory buildings and structures or other accessory uses shall be located in the required rearms d. Proposed addition places existing accessory pool and garage into newly created side yards. ignature Authorized FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 Examined.................. 19.... Approved.............t....., 1p9.... Permit No. ................ Disapproved a/c ...... -' � n .�. L:l ........ ........... t BOARD OF HEALTH ............... 3 SETS OF PLANS ............... SURVEY........................ CHECK............. a........... SEPTIC FORM ................... NOTIFY: CALL.................. MAIL TO :.................... N r�(��"i` .. ........ Q � % ?; .•(BuildingInspector) J 1999 �� APPLICATION FOR BUILDING PERMIT Date ............... .19.... BLDG. DEPT. TOWN OF SOG-THiOLD INSTRUCTIONS a. 'This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector wi 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall bekept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HMff NNE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ..................................................... (Signature of applicant, or name, if a corporation) • .• .. (Mailingaddress of applicant) State whetber applicant is owner, lessee, agent, architect, engineer, . general 'contractor, electrician, plumber or builder .............0fA................................................................:.............................. . Nameof owner of premises ...J.�(�..�oi2�� 2;� t............................................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer., .....:................................................... (Name and title of corporate officer) Builders License No.� ................. Plumbers License No. ......................... Electricians License No . ..................... Other Trade's License No . .................... 1. Location of land on which_ proposed work will be done............................................................... ...aj. � ....14:1 f�: aim !� '£......................... fou '/°� ....................... .. House Number•....•'• Street Hamlet County Tax Map No. 1000 Section ....2.'.Z ....... Block ... Y............ Lot ... ,1. .......... Subdivision .%`��!4- ............... Filed Map No. ... Lot ...... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... s� ere..L(J..LL. ..'. ;.:` ;.. _"' ......... :..., b. Intended use and occupancy ........ -..:................ :...................................,. ... Nature of work (check which applicable): New Building .......... Addition ..`:...... Alteration .......... Repair ............ Removal ............. Demolition ............ Other Work .................................. (Description) EstimatedCost .... fee .............................................. .(to be paid on filing this application) If ckaelling, number of dwelling units ............ Number of dwelling units on each floor ................ Ifgarage, number of cars ...................................... If business, commercial or mixed occupancy, specify nature and extent of each type of use......./ ............. Dimensions of existing structures, if any: Front....2t...... Rear ... 0�...... Depth .../.!!,n......... Heiglit ..... 'Q' ................. Number of Stories ...... ;)� .. Dimensions of same structure with alterations or additions: Front -.... �._. .'Rear .... �..... Depth .......F'7 ......... Beight ....o2Y.........L.../.. Number of Stories .....21 ....... Dimensions of entire new construction: Front ....!(.......... Rear ....Ar....... Depth .... ...... Height .... a� ............. Number of!Stories ...�2................ Size of lot: Dont ............... Rear .....P2.°�.�......... Depth ....74:Z,..- ..... Dateof Purchase ..................... Name of Former Owner ........................................ Tone or use district in which premises are situated............................................................... Does proposed construction violate any zoning law, ordinance or regulation: ........................ Will lot be regraded ...../VP.... ... Will excess fill be removed from premises: YES ry Names of Owner of premises J. �!� . 4 `:?!� !U/, - - - - Actress .�/! L f� � Phone No. ?��X12- Name of Architect .. .............. Address .............................. Phone No. .............. Name of Contractor .� ... .......... .. Address .lam- [� . U - .....Phone No. 7e�. Is this property within 300 feet of a tidal wetland? * YES _ ........ �.. U...... *IF YES, SO(711UD MN T42ilS1MS PSRNIIT MAY BE MQUIRED PLOT DIAGRAM Locate clearly and distinctly all buildings, whetter existing or proposed, and indicate all set -back dimensions 7nm property lines. Give street and block number or description according to deed, and show street names and indicate ie tier interior or corner lot. nIE OP N;W Y(X?K) IUNIY Or ..'Stt- D .1 k... ss .....f'�C I.C1 ...C. (1 %c X -Zi:'? i I ................ Lane of individual signing contract) xyve named, ..being duly sworn, deposes and says that he is the applicant _ is file ...................b IN ......................................................................... (Contractor, agent, corporate officer, etc.) '. said owner or owners, and is duly authorized to perform or have performed the said work and to make and file.l-hi.s iplication; that all statements contained in this application are true to the best of his knowledge and.belief; and iat the work will be performed in the inammer set forth in the application filed therewith. porn to befov! we this ........4 . .. .day of ........ .19. 4 5. Notaryli .. ........ .... .... ... gAIRE L GLEW Notary blio, State of New York No. 01 GL4879505 Qualified in Suffolk Coll "n Commission Expires Dec, 8, - (Signatur.- of.Appli.cant)---•-••..•'•• Nature of work (check ubich applicable): New Building .......... Addition .... Alteration .......... Repair ............°Removal ............. Demolition ............ Other Work .................................. (Description) Estimated Cost .... f ;O.D'Da ...... fee ........._ .................................... -(to be paid on filing this application) If rkxlling, number of dwelling habits ............ N-vber of dwelling units on each floor ................ Ifgarage, nuhber of cars ....................................... If business, commercial or .mixed occupancy,: specify nature and extent of ead/i type of use.......,... .............. Dimensions of existing structures, if. any Front.... 5__;. ...... Rear ....ro,� ...... Depth / -.,,..,,.,_. ....... e2 Height.....I(A ..... Number of Stories ..2. Dimensions of same structure with alterations or additions: Front .... S� Rear '.'...6�..... Depth .....ppa )/ p p.L......... Height .... .r7�Y............ Nuuuixxr of Stories .... ..c?........ Dimensions'of entire new construction: Front ....(.�......... Rear ....A0........ Depth ....A.3...... Beight ..... aY ................ Mailer off Stories ...dam ................ Size of lot: Front ... A1.7............ Rear ..... 2a I......... Depth .....�-7[. 5 / 4 2 ........ ). Date of Purchase ..................... Name of Former Owner ........................................ I. Zane or use. district in. which premises are situated............................................................... ?.. Does proposed construction violate any zoning lav, ordinance or regulation: ........................ 1. Will lot be regraded ... %VQ.......... Will excess fill be removed from premises. YES u. Names of Owner of premises ..... AddressPi .3/.��...11,�f/�d/U 6✓><iU� /%_oi4f.� ..._...... hone No. . ......... Nam of Architect .................................... Address .............................. Rhone No. . Name of Contractor . !% s' .%%llj- ............... Address (/F � .!"f"`�f3 1/ . /�J1i%....Etnane No. ��;Z: M —) i. Is this property within 300 feet of a tidal wetland? * YES .......... �......_.. *IF YES, SOLMJXD TIAN M IFES PM41T MAY BE REQUIRED. PLOT DIAGRAM Iocate clearly and distinctly all buildings, whether existing or proposed,and indicate all set -back dimensions 1-0m property lines. Give 'street and block number or description according'to deed; and shag street names and indicate nether interior or comer lot. 'FiIE 9-- NW YMK ss '..•. ............ . ...being duly. sworn, deposes and says that he is the applicant . .. One of individual signing contract) hove named, isthe ....................l.N!.r........................................_ ......................... (Contractor, agent, corporate officer, etc.) '. said amer or owners, and is duly authorized to perform or have performed the said work and to make and file this )plication; that all statements contained in this application are true to the best of his knowledge and belief; and na.t the workwill be perfomned in the vanner set forth in the application filed therewith. vrn to before'me this ...._...��. ....day of a........ ....19. Rotary li �.......... . .. ... Notary PuWk,S New York I N0.01101.4979505 ` Qualified in Suffolk Cour Commission Expires Dec. 8, ........... ..... .................. (SignaLura4f Applicant) aL S 4 9993 . TOWN OF 'SOUTIIOLD, NEW YORK 7(%S3 T_ _ WR '{;lull auutnuld. APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO DATE+ -1'0 TI IE ZONING BOARD Or APPEALS TOWN Or SOUTHOLD N Y e !! 1, (We) .P14�1d141 CFrlst� t'� /y� ...........of ..... lZ?J P Sd 2 �c Noma of Appellant StreetandPlumber !.: HEREBY A0 EA TO :.... T .. .................................................. Municipality State THE ZONING BOARD OF APPEALS FROM TILE DECISION OF THE BUIL 111•IG'INSPECTOR ON APPLICATION FOR PERMIT 'NO ......... DATED ........�. ! ...t. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO l l.Y7` .. .... ............ Name of Applicant for permit of Street and Number Munic polity State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (� 7171)r 1. 171)r1. LOCATION OF THE PROPERTY ...-/--�6............ .. � d .......... Sheet / am)e / Use District' on ZoningMop District 1000 Section 5 Z Block q Lot /, ........... ......._ ... ... _ .. .. ........ Current Owner , / Ydv� 6sWz Z/ Y. Mop No. Lot No. Prior Owner 2. PROVISION (S)- OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Parogroph of"tis Zoning Ordinance by number. Do not,cipole the Ordinance.) Article /f)` Section /QO 3 3 3. �TYPE OF APPEAL Appeol is mode herewith, for (nleaie check appropriate box) (!) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCEdueRto lock of access (State of New York Town Low Chop. 62 Cons. Lows Arta 16 Sec.' 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has(has not been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit f ) request for a variance and was made in Appeal No..: .........Doted ....................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 (� A Variance to the Zoning Ordinance Is requested for the reason that 1. An undesirable change will NOT be produced in the character of the neighborhood; or a detriment to nearby properties, if granted BECAUSE: �a�crd� f 5. f `fig B jai Q 60, a4 e. �t�✓i✓s4�D�a 2. The benefit sought by the applicant CANNOT be achieved, by some method, feasible for the applicant to'pursue, ,gther-than ",,area variance BECAUSE: �/ /vL'a/"im of qtr/ s 4',71 Gr®ase 3. The a/am[oun/tyo Qf relief requestedd� is. not' sjuj5stantial BECAUSE, 4. The variance will NOT have an adverse effect or impact on the physical or environmental� jcjuisonditions in the neighborhood or,distilict BECAUSE �rcC$'L q BF �tey/� SrA°?a✓� s'/j Me 5. Has t alleged 'difficulty been self-created? ( Yes. ( } No. b. This is the, minimum that is:.,necessary and adequate, and at the same timel preserve and protect the character, of :the neighborhood, and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) (Ap lic nt Agent 9ftst attach written consent from owner. Sworn t before me this IL day of 199q R KOWALSM notary ft6k State of Nexyoek Na 524524771 Qualified in Sufteik county Commission Expires Nov. 30; i�� zxtl'x/fora.var/temp TOWN OF SOUTHOLD PROPERTY RE CQ SD'CARD OWNER STREET VILLAGE DIST. _ SUB, LOT /n1 ri 00ulni %i�&'RL,SOv 2,4 AIC- /z_"tNtoaer- /G ESC FORMER OWNER zr r N 0 d,Q,Lbon1_I-41/eS E 0 - y, (Z00m. q ACR 3,o 2S 0 N /PE L` Ste' �0,: S Ts 7%, �6G7z4Lo W r'iS'oN �.IdNE TYPE OF BUILDING RES. zb SEAS. VL FARM _ COMM. CB. MICS. Mkt. Value IMP. TOTAL DATE REMARKS Pi 17) pLAND _600M ,(UD rV { zr S Co. G6 _. � V, � U -D ✓� / � 7 r� zr & PL dam � .,.JS G i�c3�_ �" o A Ar ® iia 2 A6 A P ISI o 15 0 IS- ConS� 5 „Mn r9l I4ehclO c�QL7' ztioe l {o0 8s a ae l -L 1 1 9, zz zz N z10 7 O CV 10 i0o Z 42 o00 ,3400 Fi�afale 2, o a Q 0 FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH V House Plot ��QU �1�£) BULKHEAD Total c2 q 1 % i M. Bldg:..fv- 1 < 3� 7 Extension 6 K /Z X72 Extension sir 13 '1 _ ova Extension SX/6 /ZSf If Kt 212 A to a aI Ar Q./ uo : 192 - Breezeway cI-Z=T— Garage 0. B. Total � o � oar 2S �— 93(o Foundation CS Both Z Dinette Basement Ext. Walls Fu CP Floors Interior Finish S K LR. Fire Place _ Heat x,c DR. , 71 al Type Roof Rooms 1st Floor BR. 3 Recreation Room Rooms 2nd Floor FIN. B Dormer Driveway CeG6 swaA c—�tkws kwaV-Va(ve. 46_gll 1 1 f TOWN OF SOUTfIOLD SUFFOLK . COUNTY N.Y. logo-sa-" -,,r So", to-" AUG: 9. 1999. nnkv AREA = 3.0250 ac ■ =mon°men( u IJ _ a N P°ra \A Ao ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORk STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 -SUBDIVISION 2._ ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON . PNLe+d'n it � Y.SLIL NO. tI I'l (516) 76 P. 0. BOX SOUO TRAVELEIR STREET (](]_-271 APPEALS BOARD MEMBERS `' Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. and Mrs. Paul Corazzini 3120 Albertson Lane Greenport, NY 11944 Re: ZBA Appl. No. 4753 Dear Mr. and Mrs. Corazzini: BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Board's determination rendered at their Meeting of October 14, 1999. Please be sure to follow-up with the Building Department (765-1802) and obtain the building permit and sign before commencing construction activities. A copy of this . written determination has been transmitted to the Building Department for their file and permanent records in your building permit request. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Page 38 October 1999 Board of Appeals Hearings 7:48 P.M. - Appl. No. 4753 - PAUL- & RUTHANN CORAZZINI Application for a Variance with respect to the existing garage and pool, in a side yard area as modified by the proposed location of a dwelling addition, at 3120 Albertson Lane, Greenport. 1000-52-4-1.2. CHAIRMAN GOEHRINGER: Are the Corazzinis here? How do you do Sir? MR. CORAZZINI: Very good thank you. CHAIRMAN GOEHRINGER: What would you like to tell us regarding your application? MR. CORAZZINI: Well I think basically you have all of the information there. It's just a question that my wife and I want to put an addition on the house and we found that it doesn't comply I guess with the code and so that's why we're here. CHAIRMAN GOEHRINGER: OK, we'll start with Mr. Horning? MEMBER HORNING: Any question of Mr. Corazzini? I don't mean to put you on the spot. MEMBER HORNING: Well you did: CHAIRMAN GOEHRINGER: Well I just gave you that nice flowery statement here and I don't expect it. MEMBER HORNING: You shouldn't of done that. CHAIRMAN GOEHRINGER: I have to tell you Mr. Corazzini while Mr. Horning is waiting, I found this to be a very interesting Notice of Disapproval. In a respect that the application really is for a, it's for an addition right? And, the house is directly in the center of the properties, but whatever the interpretation is it is and that's the way we go. MR. CORAZZINI: Well I was told it was because that the addition would go past, I have an existing detached garage and swimming pool and it would make the detached garage and swimming pool in the sidewall which is not - CHAIRMAN GOEHRINGER: Which is exactly what we just had done on Bayshore Road so I understand it. Questions? MEMBER HORNING: Yes. Have you considered other locations for the addition? Page 39 - October 4+, 1999 Board of Appeals Hearings MR. CORAZZINI: I just don't know. There's no place else I could put it. I have to attach it to the house. The house is already there. MEMBER HORNING: I mean different sections off the house a different way? MR. CORAZZINI: No, that really the only, I mean if you see by the survey it's the possible place it could go. You can't go out the front and that's really the only place that makes sense. It's -the only possible place it could go. CHAIRMAN GOEHRINGER: All right George? MEMBER HORNING: All right. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: In other words, the pool is in a conforming legal location now? MR. CORAZZINI: Yes. MEMBER TORTORA: But what's going to happen its what we've seen before is the minute you put on an addition which is also in a legal conforming place, the pool becomes - MEMBER DINIZIO: No, the garage. CHAIRMAN GOEHRINGER: The garage. BOARD SECRETARY KOWALSKI: The pool and garage. MEMBER COLLINS: The pool too. BOARD SECRETARY KOWALSKI: Both of them. CHAIRMAN GOEHRINGER: Actually both, yes. MR. CORAZZINI: The pool misses by about a foot. MEMBER TORTORA: I see it. I understand it completely, I see it. No questions. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: Just a fact, when were the, because I'll have to draft the decision. When were the house, the pool and the garage built? Page 40 - October -+, 1999 Board of Appeals Hearings MR. CORAZZINI: The house was built in 85. The pool I'm guessing probably about 90-92 and the garage in 94. MEMBER COLLINS: Great. CHAIRMAN GOEHRINGER: Mr. Dinizio? MEMBER DINIZIO: No, I have no questions. I was speaking to TJ. We thought if we could attach the garage to the addition then you wouldn't even have to come here, it would all be one. I guess it didn't work out. CHAIRMAN GOEHRINGER: The pool would be out then probably. MEMBER DINIZIO: Yeah. MR. CORAZZINI: If I did that too Jimmy, that would block any access to the back of the property because now there's still quite a good space between the proposed addition and the garage. There's plenty of access but not that I really have to go back there but if I ever did. MEMBER DINIZIO: Yeah, well I just wanted to say that was the thing we discussed. But, I have absolutely no problem at all with this. I'd like to see if we could act on it tonight. CHAIRMAN GOEHRINGER: Yes we could. MEMBER COLLINS: I got it written. CHAIRMAN GOEHRINGER: You do? MEMBER COLLINS: Hm, hm. CHAIRMAN GOEHRINGER: Well let's do it, unless you want to do it later. MEMBER COLLINS: You want to do it now? MEMBER DINIZIO: Yes, let's do it now. CHAIRMAN GOEHRINGER: We'll do it now. One of the rare times but, let me finish the hearing. Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? This is the shortest hearing. Actually the one before was shorter because no-one showed up. So, it appears that - Page 41 - October -+, 1999 Board of Appeals Hearings MEMBER COLLINS: I just have to find it. CHAIRMAN GOEHRINGER: We're just going to look for your findings and then we'll talk about entertaining it for you. MEMBER COLLINS: Here we are. The draft decision says, that the house, pool and garage were built in the years that they were built, which is why one of those years and the point is, that they have been established part of the site for some years, that nothing will change as a result of putting the addition on the house, except for technically, they will move from the side yard to the, rear yard to the side yard, that there will be no change in their use, there appearance, or how they fit on the lot, and therefore, no negative impact on the neighborhood or the environment and that's why we should grant a variance. CHAIRMAN GOEHRINGER: I see your making the motion too. MEMBER COLLINS: Yes. MEMBER HORNING: I'll second it. CHAIRMAN GOEHRINGER: All in favor. Motion carried. See Minutes for Resolution. SURVEY OF PROPERTY AT ARSHAMOMA Q UE TOWN OF SO UTHOLD cvr7'v]pA r rr rn rr?krr+v hr v M AREA = 3.0250 ac ■ =monument CIO. ITlM i I ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. Y. S X11 NO. 4,9618 i Ha it vn r'sc'� moi. n (516) 76 P. 0. BOX 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 t. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 15, 1999 RE: Zoning Appeal No. 4753 - Paul Corazzini J Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4753 - Paul Corazzini. Also included are Z.B.A. Questionnaire; Applicant Transactional Disclosure Form, Notice Of Disapproval, Application For Building Permit, copy of Property Record Card, copy of Tax Map and Survey. _, QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Sepa to she t may be+attached.) B. Is the subject premises listed on the real estate market for sal"r being shown to prospective buyers? { } Yes { `'} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there W proposals to change,,,, :orf„alter., land -contours? { } Yes { No D. 1. Are there,any areas which contain wetland grasses? Al O 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and t_he upland building area? P16 4. If your proper�y contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at -or below five feet above mean sea level? 11jq. (If not applicable, 'state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? e)k If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? P4.0 If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state.. H. Do you or any co-owner also own other land close to this parcel? J4 If yes, please explain where or submit copies of deeds. I. Please list preg6byt use or operations conducted at this parcel t,^CSC i's- e and proposed use �S AuthafizWd signature_ and Date. 3/87, i0/9Qlk The Town of `.'S interest on t - purpose of th t to •• '1'HAAI,AI:•L 1UNAL L,1,Sl:LUjUHts ;.r V1cCi uthold's Code of Ethics_proh e part- of town officers and s form is to provide informa of possible conflicts of in tever action is necessary to is conflicts loyees•. The n which can est and alio oid same. YOUR NAME: Cd��'�7t�[�� /-2k (.;Last name, first name, middle initial, unless you are applying in the name of someone else or 4,ther entity, such as a company. If so, indicate the other person's or,company's'name.) NATURE OF APPLICATION: (Check all that apply.) <,; Tax grievance Variance Change of.zone Approval of plat Exemption from.plat or official map Other (If "Other," 'name the activity.) _ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Dusiness interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares:. YES NO If you answered "YES,",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or po4tion of that person Describe the relationship between yourself ('the applicant) and the town, officer or employee. Either check the appropriate line A) through D) and/or describe in the space... provided. The town off4 cer or employee or his or her spouse, sibling, parent, or Aild is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a: corporation) j B) the.legal or beneficial owner of .any interest in a, noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D),the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this / ay of S_1992. Signature— Print ,F Print name APPEALStOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio; Jr. Lydia A. Tortora Lora S. Collins George Horning JUN --11998 Lawrence Ray, Esq. Munley Meade Nielsen & Re 160 Middle Neck Road Great Neck, NY 11021 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 Members) 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, i GERARD P. GOEHRINGER CHAIRMAN . Enclosures (Application) cc: Planning Board / Town Clerk (Re: #4753)li Building Department ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER c Gy1 co Z OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: . Zoning Board of Appeals FROM: Office of the Town Clerk DATE: May 4, 1998 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: ZONING APPEAL APPL. NO. 4573 - NEXTEL COMMUNICATIONS (SPECIAL EXCEPTION) Transmitted herewith is ZONING APPEAL APPL NO. 4573 - NEXTEL COMMUNICATIONS together with a covering letter from Munley, Meade, Nielsen E Re' dated April 28, 1998, the Application for Special Exeption, the Antenna Site License Agreement, Lease Exhibit - NY 313, Exhibit B, Exhibit 2, Exhibit 3, the Short Environmental Assessment Form, the Zoning 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 .t r L4 April 28, 1998 MUNLEY9 MEAnM� -1'ZIIELSEN & RE Mr. Gerard Goehringer Chairman of the Board Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ATTORNEYS AT LAW 160 MIDDLE NECK ROAD GREAT NECK, NEW YORK 110.21 (516) 487-6500 TELECOPIER (51 6) 487-6539 RE: 415 Elijah's Lane Mattituck, New York Section 108, Block 4, Lot 11.3 Dear Mr. Goehringer: 0 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; i T j r .t r L4 April 28, 1998 MUNLEY9 MEAnM� -1'ZIIELSEN & RE Mr. Gerard Goehringer Chairman of the Board Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ATTORNEYS AT LAW 160 MIDDLE NECK ROAD GREAT NECK, NEW YORK 110.21 (516) 487-6500 TELECOPIER (51 6) 487-6539 RE: 415 Elijah's Lane Mattituck, New York Section 108, Block 4, Lot 11.3 Dear Mr. Goehringer: 0 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; A 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; 6. Six (6) copies of a written site location alternative analysis; 7. Six (6) copies of an e inti w e1 facilities plan; 8. One (1) copy of the 1 agree nt 9. Six (6) copies of the projected coverage of the Mattituck site (map A); 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, MUNLEY, MEADE, NIELSEN & By. Jennifer H. dy /jhg Enclosures owners Con le, -i+ (/J III !ae cz'fwx"ded W 11 r) A w,?e-ls �, J l f 1 •9 f TOWN OF SOUTl_D NCW YORK _ APPLICATION_ FOR SPECIAL EXCEPTION l 7MAY I : �y.��QN, Application No. Date Filed--: Soli�idTt TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Smart SMR of New York, Inc. d/b/aof North P �joraseNo. an 1-- I (We) , Nextel Communications - --- -- ---- e s y P n c , d S l:r ee 1. - - White Plains New York 10601 914 421_2600 --- -- � jam _--'"e , — i p `Code , e ep one hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance wii.h the ZONING ORDINANCE, ARTICLE VII , SECTION 100-81A(1)**, SUBSECTION **making reference to ARTICLE III,, SECTION 100-31B1(6� for the below=described property for the o lowing uses and purposes (and as sh(iwn on the attached plan drawn to scale): To 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. A. Statement of Ownership and Interest, William J. Baxter, Jr. and Jane P. Goeller _ is(are) the owner's) of property nown an referre to as 415_Eli'ah's Lane Matti tuck/Cutchogue Dose o., Street, Fam et identified on the Suffolk County Tax Maps as U�stric� 000, Section 10—,1.31ock _4_ Lot(s) 11.3 which is not xAk* on a subdivision Map (Filed Map of Filed Map `ffo. and has been approved by the S01,1010d Town -Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on. B. The applicant alleges that the approval of th'i's exception would•bd in harmony with the 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 del:rim��ni.al Lo 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 [XXI i.s corisistcnt with the use(s) described in the Certificate of Occupancy being furnished herewith. ] is riot consistent with the Certificate of Occupancy being furnished herewil:li for the following reason(s): y [ .] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: Sworn 1-o befor• i�2 t 's /'� clay of (fes i ry � c --_-__--_-------------- Z132 (rev. 2/6/136) SMART SMR OF NEW YORK, INC..d/-b/a-_ NEXWur ICATIONS B °`t— ...... - T C�Ofl �(91`Y1M.e, ��cr�d� ✓' 19 9 0A DAVID L SASS NoMy ft.Public. 2BASM6297 � pnetiiied In Westchester CMM- ll► Commission Expires September 23,1ei� 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. P4T-1-1T-uC 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 terms herein provided, all of the terms, covenants and provisions in the Prime 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 written 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. Licensor agrees to cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and 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 the 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 its 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 to I 3/27/97 R:\1eases\228c1n.doc 0 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. Rent. 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 ($1,000) per month ("Rent"). The Rent shall be increased at the beginning of each Renewal Term by Forty Five Dollars ($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; Utilities; Access. (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 hannless, 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 Licensor's 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 LICENSEE: SMR of New York, Inc., By: 141A, By. JoHart, Jr. tarjet Pescatore Vi President of System Development President Date: X�l- � r 1-7 Tax ID# 16-1222067 Date: �y� 3/27/97 R:Ueases\228c1n.doc 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 othenvise known as A.P.N. or P.I.N. or Real Property Tax I.D. #: 3/27/97 R:Ueases\228c1n.doc Lease' Exhibit - NY -313 Mattituck -Dage' I y • Existing AT&T Monopole 270de �30deg O �150de g ................ NEXTEL 6'x 10' cabinet Existing Bldg (not to scale) i-+ i a / -r A 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: I. 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. Actual types, numbers, mounting positions may vary from what is shown above, subject to Licensor's approval as provided in Paragraph 3 of the License.. 5. This Exhibit is to include any plans for routing lines, utility wires, etc. on or across the Property. 3/27/97 R:Ueases\228c1n.doc Lease Exhibit - NY -313 Mattituck - page 2 • Existing AT&T Monopole & Antennas a I Oft separation 8�.............: s}6ft Rad Ctr GPS(2) and BMR antennas to be mounted on cabinet L:Y,H1617-,B (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 FREQUENCIES ON PROPERTY: EXHIBIT 2 RF ENGINEERING 10 3/27/97 R:Ueases\228c1n.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: 3/27/97 R:Ueases\228c1n.doc The Y,5.5. Zavi;onmental Qual:..y Review Ac% _aesires submission of t Iiz !OM, and An anvizo-nneac»1 :aview will u6 mdao l.y =13 40ara before any action is makan. SNORT L_"nMTRONMENT.%L ASSESSMXMT QOM INSTRUCT *OHS s (a1 .z ander to aoewer the questions in this Short aF it is assumed t.`iat the praparar will use cur.ent'_y availabla La2arzation concarninq the projact and tea likely impacts of thi ac::.ion_ rt is not expected that additional studias, rmaearc:i or ot"ar invastsgations will be Undertaken. any quasi on has been anawarmd has the. arsjecs may be sig- nificant and complatad $nvirotsmental Asaezzmant Torm La necoazary. (c) Ii all quastione have been answesred Na it is LL%01$f teat the Project is not 9ignl:iaant. (d) :nvi::anmentnl Assessment 1. bili projaca 'result in a larga physical change to the projaC site or aaymica.l.ly'aitax more than 10 acres at Lased? ,has : X No 2. will thexe be a major change to any unique or uausual Land !a=. on the s,i.ze? Yes _L110 3- Will pro jet- alta_ at have a Large el=ect as an az:,sr.�Aq body of water? Yoe -L-N0 4. 'sill project have a patantially Lange ;agacz on gzoundwanor quality? —Yea X No S. Wil; projact sign�,_icxntly af'ect dra.inaga glow on.oad j accat r ibam2 `Yee X aio 3. Mill project af,oct any t_h_eataned or endangered plant or animal spaces? has I No 7. will project result in a major adverse e2feet an air quality? vas „L.00 S. Will, project have a Major ae:!Mct an visual char- acter of e.'se communirr or 9cmnic v_Awx or viatas known cc be i3por a:it as t.:e communi=j7 —Yen X.Qo 9. will pro j ace adversa'_y impact . any Sita or a'= act•- urs of historic, pra-historic; or palacnzologioal impor_ance Cr,any aica daxigna'ted as a Critical anvzscamantal area by a local aganct7 i, -las X Na lo. Will arnjact kava a mijgr _._act at% exiscinq or . '.0 =rs reczaational apporsstitie9? Yen XuO ` L• . Will ?roject result in :ajar prcbinma or cause a major ef_ect ho axist_.q _cansnortat_on Syszams? —Yaw X go 12. Will ?rojaez :eqularly cause abjectianabla odors, - aolae, glara, vibration, or e'_ect=_csl disturb- ance as a raault of Zbe araject's operation? es X va 12 - WUl Irajecz have any :.mpac, cn puska haal` or satezl7 Yea X No L4. Will project .a.d_aee ;,`e exist": q community by _izacaly cauziAq a growcn in pa=ananc ponula- d-ion ad sore : han s pe_cant over. a ane-yaar Yes X car=ed ar have a major aegative te4zcz on the a .a_acz- at sae communirf or a.l,abar sad? 1 ?ra,e�ns Pub +rIK 0 Ye',.'� Tor nC :aa X vo d x cat�ons ?;aQare,�s sic_n. :-aBY: ;e�.saaazlr,T: E (J �S' OMza: :3a;ne S'd M1 '8 N3S73IN `3Qd3W `,l �N W Zz SI 86. 90 �lt1W 9GES7::MIT TRz7E ?CP. "r Z TC. WITH YOU? Z • 37\;. , APnL.IC �TIC:T A. Please disc' ose the. names o= the owner(s) and a y individuals ( and entities) hav;:iq a �'Lnancial incaz es t in _-he subject pre.mi.se.s and a description of tt`:ai.x Laterests'. (Separate sheet 'may he attached.) William J. Baxter Or. -and a.ane P. Gogjjer Owners , Sm r SMR Qi+ NeW York. Inc, d/b/a Nextel Communication -Less .e a. is th.e subject ;re-mises 1isz9d. an the real esr.3te :m-rxet for = sa.Le• or being shown 7t�oppres�ecct,_ve b i-jery { } yes { X } No. (ail Y.es • n 1 e:;..'r �.��.f�L c' ---7 � ll cand w�. -- 11 of.3o—'e. ) C. Are then= aarr yzu asa? s t= Ct2-uge = a l t= 1 acz { } Yes (X} No D. 1. Axe there any areas whic" ccr_ta'^ wetland s=asses? NO 2. Aze the wet? aid araas shown on the map su zni.tz_d wib:{ th s ap-aLcation? N0. 3. is the nroperm_r hul_kheaced hetweea the wet_ards area and the upland inL4-1.ing area? NO 4. Ii your, pragert;r caataia wet—lands or pond areas, aa-ve you contacted the Office of the Town T=,istees. Lor _its dete_-n4,iratica ez jurisdiction? —No ?. Is theca a depressi.ea or slcpi.ng elevat;en nee the area. az prc-posed cons t'-uct cn az or helow ive zees ahove mean sea. lave13 NO (I f not appl cacle , state - "1T -A. ") . Are there an -,r patics , cancrete bare e, a , bun Bads a= L e^n-os which e=i.sz znd are :at shcwm cn su vey map that -tau T--• . suh its s? NONE I_ cone exist, nl.easa st=te a :one_" . G. Do -rou have any ccnst�,zct .en ' tak_nq place at C`.;s t_-ne 1 ccnce,nra ng 7cu= pre«^rises? - No If Wires, please suh:^._ z , = cape_ oz You® bui.'_d;_.g ye=_J : and. :nap as approve= j:V Z: he _u' -'_dam_.; Depart�ce:�z . ? x acne, please s z,te . Do you or any ta•-cwner also cwn at ar land ci=Te :steel? NO ., .res, please e. -e1a: n whera Cr s• .:,i.- ccumes of deeds. please1'_st tr_se_^_t use or cpe=at;cps ccrductc at th_z paXcml Public uti�ity telecommunications site and ropcsad use Public ut= te-FebommUnications site SMART SMR OF NEW YORK, INC. d/b/a NEXTEL COMMUNICATIONS b'd 38 '8 N3S-13IN '3aU3W 'A37Nf1W IZ:SS 86, 90 �JUW }, .t. •T'. .i:.l ,. .1:'t.{.'1,�....:,..�• .... ". ,. ,ray,•. , • I'�". t.�� '.. A -L' .1' 41 std'• d0— H■rQatn wd a•IeDeed.'wleh Coren•nt'■¢•tn•t Grantor'■ Aet■ �.• Iodl.id■■1.or•C�r9or•t1o■� (IIInR 1 .. •,, ' ' YOUR LAWYER SI FORtlIGNING'THIS INSTRUMENT—THIS.INSTRUM OULO /S; tllSa iY:IAWYaiti. <tl .�I $O :,ACE,: ; ''s:,• ,,.,.' THIS INDENTURE; made. the day'of. jl!�li- , nineteen hundred and:�ixtone „�,ri��y,��•rPc,r,i;�•?t, 1 a, r i! '• •s. �'>; ;ii ;S."{!'1{'S1'.•�'R;,l ;i;i4;, • Shored' " �•' Park ..Bay;. ;�.•,. .,:,?::r�. BETWEEN j,tOCAIa,.i,IyC.':a donestic:cornoration c/o 57 J. ' 'New' _ark• . �' •;•,, ,, ' �., Jr' N.YWoRocha '.:::.:' party'of the first part, and WILL 1111%1 J. rFhX_`KA,- .residing'' at2266. and JANE 'P.'•, GOEZJLEA : Bircri ' Lane',. - G'reenwtch;; .Con n. ' ,• ; 'party of the second, pa WITNESSETH; that the party.. of the first part, in'consideration of Teo.Dollars and other,valuable con sideration. paid by the, party' of the second part,' does hereby.' grant and release' unto the party; Of •the ,.,second part, the heirs o} - successors: and assigns: of the - party of the a Gond part forevez•;; :,. ,; :;.; •. ;• AL1: that certain plot; pieca'or-• parcel of - land, with- `the buildings' anmprovements thereon "erect h n of., Southold Calutty.'o£ ' the-•HamTet'of 111, tuck, :in 't e.T s . ' : ;'situate,: lying and• bein in'. , ' -t°- " and' 5tate�f':-.N&r York, �bounded•:and''described; a £ollarrst'': '•i'' ;:suffolk 1 {ill■ Illll6il�T, ((]] ti'• };' a' mon lament 'set in the ground the.•inter ection of: the;'. northerly;';::, :BEGJMNG at g, ;line':of Nairi''State RoacY} with:.the�wester.T "line:'of'ETi�jati�s' Lane; runnitt I' State Road'. north' 81t 'deore�sl�,15, minutes. 7HEME''along`the,:sdid`i�ortherly '�ine.'of„tTair►.: , n secands;.vrest:395.38: fe t: to 'a. tlie: ound at-�an''angxe•'iict` §aid' '.. k. bo e nomunnnt : set': i n P *' line, o£ A+?ain'.State Road; VTHLPICE still along 'sai'd northerly line o,f.” I1ain" State Road north 85~'dAees':'36 ; ' minutes 30' seconds• west•„31.19' feet to the: easterly line ':of land' of John 'J ■: Ptcb"atiu�;' _ : TRENCE, along land hf .gaid John J. 1iO4anus,, north 19, -degrees 07 rsinutPs:',00 seconds west. 181.7 feet:^to.the:`, southerly line"of.'land; of "Martin:: Fi11a';'• ~� THENCE along said.- so I"rly'•line. of. land' a.f' Martin 'Fillai north. -77 degrees; 06 minutes., k :,..:•. 00.'.seconds'aast•35T.46 `feet'.,to.a monument':set•.An---!the•'ground'.on..the': wtezlterly'line ,• .�• :� i }' !.,of Eli jah is Lane;` and.` ; THI�:IdCE Along-:: the; westerly line of hlijah'ts Lane south' 25 desrrees '09, minutes' 1Q f eeCands'•`east. 32:0.50 feet, to the .point '6r,• p1ace f, beginning. : ^ :TOGETHER with altright,-.title and interest; if any,:of'the party of the first part in and to any streets.,:`;'; r. .{ t{ ,ro .::and roads abutting the - above ,'described premises to the tenter' lines thereof; TOGETHER with the` .:,'• ' appurtenances and all the.. estate• and rights of the party: of the .fust part in and to said premises;;,;':'.:, -HAVE AND TO HOL'D'the premises herein granted unto the party of the second part, the heirs T' �v•, :"Or successors. and assignarof;theparty of the'eecon ,part,.torever:. AND rthe party' of 'the- first,"part covenants that the party of the first part has not done ^or suffered my - thin .whereby the said premises have been encumbered in- any way whatever, except as aforesaid. AND the party of the first -part, in compliance with Section 13 of. the Lien Law,, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such ' lied first.for the purpose of paying the cost of the improvement "• ::.:' consideration as a trust fund, to be app PrP P Y rand: will apply the same. first''to the payment of the cost'of the- improvement before using any part of the total of the same for any'other purpose. ,:�x,.The word -party" shall. be -construed as- if it. read "parties”"whenever the sense of thii indeatVlt�. •:, rte' requires.. IN WIfNE5S'WHEREOIt; thi:•party'of"the first.parfhas duly executed`this'deed th 'drip, I��+�r'flni.' ` above-written..i.. ��. [ • �. <:'. :,. # .•• .a. � ' ' ,' ` .. '� �..• � l►tr• r.—�(�. Q �. �, •.; • ' , ... . l'I �OCti I'1, ' 1I4C . f ` ' c, •,, � •.' V' Harr Cantor;. vice–nela p _ •. - .. ,. ._. _... .. r. .. ..... .. ..... ... . . .._.r_..,.• .. ,�.:_;ii1l;.°::1:. kia:•.y:. l.'i., :iZ.;..:c.e V.;s ...,. .. _....--, ..•.. .-... ._a:'ry,.i ` - �1,.�:,._._—._.�..—:r:�Sli+�lir-�..,.w.a'� I I A LIBER4980 FAcE 5U STAT/ OF N1W YOLK. COUNTY OF i al On the day of 1961 , before me personaUy Cana: ! • I to tae known• ta'•bo the individual described in and who executed the foreoing instrument, and acknowledged that executed tTe same. • I I ' I STATS OF N1W YOLK. COUNTY OF Iut On the da 19 61, before me pally ca yof HARRY CA OR to me known, who, being by meIduly sworn, did depose and say that he resides at . Bay Shores New York S that he is the vice—preeident of, PROCA14 2 I11C . I , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporption; that the seat affixed. to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that • he signe his 4ame tPereto by like order. a3 LN N H z STAT1 OF N1W YOLK. COUNTY OF On the day of 19 . ,' bef . personally came the subscribing witness• to the'f ,foitrttmenµ• whom I am personally acquainted, who being _by aro-�': sworn, did depose and say that he resides at N4.',.k;,� that he knows to be thA Gtdi� described in -and who executed', the foregoing, iastrtmtsttF; that he, said subscribing witness,. was present tad' stw�; execute the same; and that , het Bald witaep,,. at the same time subscribed h name as witness• tltt; gig G mg 16 (�'CRlpngpp�♦��y r u a�0 .9 0 CL .0 >1 � .. 4', a3 8? 'o w N �u a W , g19IA N F.• G 0011 (!~`'�''' A.W..��•... "!.•'y,'.I! •1':4.,1.17.. 1 L.: ,. .�... ,• .. '-.. .i t . f+ U STAT/ OF N1W YOLK, COUNTY OF On the d-� of STAT1 OF N1W YOLK. COUNTY OF On the day of 19 . ,' bef . personally came the subscribing witness• to the'f ,foitrttmenµ• whom I am personally acquainted, who being _by aro-�': sworn, did depose and say that he resides at N4.',.k;,� that he knows to be thA Gtdi� described in -and who executed', the foregoing, iastrtmtsttF; that he, said subscribing witness,. was present tad' stw�; execute the same; and that , het Bald witaep,,. at the same time subscribed h name as witness• tltt; gig G mg 16 (�'CRlpngpp�♦��y r u a�0 .9 0 CL .0 >1 � .. 4', a3 8? 'o w N �u a W , g19IA N F.• G 0011 (!~`'�''' A.W..��•... "!.•'y,'.I! •1':4.,1.17.. 1 L.: ,. .�... ,• .. '-.. .i t STAT/ OF N1W YOLK, COUNTY OF On the d-� of 19 ' ' '. btfora tot peraunaUy came ,'�" PI to me known to be•the individual described in'sad -4? executed the foregoing instrument, and acknowl0ged`tW �tt executed the same. STAT1 OF N1W YOLK. COUNTY OF On the day of 19 . ,' bef . personally came the subscribing witness• to the'f ,foitrttmenµ• whom I am personally acquainted, who being _by aro-�': sworn, did depose and say that he resides at N4.',.k;,� that he knows to be thA Gtdi� described in -and who executed', the foregoing, iastrtmtsttF; that he, said subscribing witness,. was present tad' stw�; execute the same; and that , het Bald witaep,,. at the same time subscribed h name as witness• tltt; gig G mg 16 (�'CRlpngpp�♦��y r u a�0 .9 0 CL .0 >1 � .. 4', a3 8? 'o w N �u a W , g19IA N F.• G 0011 (!~`'�''' A.W..��•... "!.•'y,'.I! •1':4.,1.17.. 1 L.: ,. .�... ,• .. '-.. .i t 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: Page 2 - Appl. No.. `22 Cellular Telephone Metro One) - August 18, 1992 1. The height of the proposed accessory monopole radio tower shall not exceed 100 feet, as requested;) 2. The fall -down radius of the tower shall be as submitted, with the following setback distances: a) 95 feet from the proposed tower to the.northerly property line; b) 70 feet+- from the proposed tower to the southerly property line; c) 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, subsequent owners, successors, assigns, and/or the applicant herein to comply with this condition, at their own expense; and 5. No other structures,,buildings, or uses shall occupy or be located on the premises unless further application is made to .this Board under this Special Exception, as well -as the Planning Board under the site plan regulations, in order to re -consider all zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; 8. Written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and c Page 3 ,Apel. No. 4022 - Cellular Telephone (Metro one) Decision Rendered August 18,,1992 Villa. (Member Dinizio abstained.) This resolution was duly adopted with a quorum vote of the Board • Li if GERARD P. G&HRZNGER, 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. 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 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: (4415) 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 10'8, 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. Decision Rendered Matter of CELLULAR 23 August 18, 1992 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 tower's 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 (200). 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(Cl), 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: • t „ -Page 4 - Appl. No.' )23 Decision Rendered August 18, 1992 Matter of CELLULAR TELEPHONE (METRO ONE) (1) Any accessory use as set forth in and regulated by Section 100-31C(1) through (8) ..., and subject to the conditions set forth in Section 100-33 thereof.:.",; Section 100-11 does provide that where a provision or requirement which is more restrictive or which establishes the higher standard shall govern. 10. It is also the opinion of this Board that this structure does not fall under Section 100-230D which applies.to television or radio towers or aerials attached to a permanent structure (such as CB, ham radio, TV antennas, and the like) accessory to the principal building and principal use of the property. It is this Board's position that the subject pole tower is not a roof -type antenna and is deemed a separate,. accessory structure. Accessory structures are governed by Section 100-33 in the Limited Business Zone District; and WHEREAS, public utilities 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. No. )23 19ecision Rendered August 18,.1992 Matter of CELLULAR TELEPHONE (METRO ONE) a) 95 to 103 feet to the northerly property line; b) 69 to 62 feet from the proposed tower to the southerly property line and radius clearance of approximately 40 feet past the southerly property line over onto adjoining property to the south, also owned by William J. Baxter; c) 62+- feet to 69 feet from the rear wall of the accessory one-story block building. 3. Any future expansion for the storage of the telecommunications equipment to areas outside of the existing one-story block building located in the rear yard will require further application for Special Exception consideration; and the tower and equipment building must be continuously maintained in good condition at all times; 4. In the event this transmission tower becomes obsolete or its use is discontinued for the telecommunications purposes requested in this application, the tower shall be removed within three months of its obsolescence, and it shall be the responsibility of the owner, -subsequent owners, successors, assigns, and/or the applicant herein to comply with this. condition, at their own expense; and 5. No other structures, buildings, or uses shall occupy or be located on°the premises unless further application is made to this Board under this Special Exception, as .well as to the Planning Board under the site plan regulations, in order to re -consider this Special Exception and all other zoning standards, including safety, health, and welfare standards and concerns; and 6. Lighting shall be placed near the top of the tower for aircraft safety purposes; and 7. No excessive (disturbing) noise levels; 8. Monitoring shall be as per FCC mandates; 9. Appropriate screening and site plan approval from the Southold Town Planning Board for this Limited Business (LB) Zone District; 10. Written covenants and restrictions shall be submitted in recordable form; and after acceptance by the Town, the original shall be recorded by the applicant in the Office of the Suffolk County Clerk and a copy of same furnished with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Wage 6 - Appl. No. )23 Decision Rendered August 18', 1992 Matter of CELLULAR TELEPHONE (METRO ONE) Villa. (Member Dinizio abstained.) This resolution was duly adopted with a quorum vote of the.Board. lk GERARD P. GOEHRIING R, CHAI J Nextel Communications 1 North Broadway, 2nd Floor, White Plains, NY 10601 914 421-2600 FAX 914 421-2700 w NOCAMM�Irl__ � 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 4 ',t Z Nextel Communications 1 North Broadway, 2nd Floor, White Plains, NY 10601 914 421-2600 FAX 914 421-2700 Njj�Jff 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 NEXTEL COMMUNICATIONS Fiuin la;la, d ON AI F::?- SITES Sti"rung Gurd:ners B,n-- /' ��Grecnport '+ Deruig Harbor ----------_-- A.rshamonaque cr , r- - TSl>ielt" er Isl'and Hci«hts N162 <%� 4 �, Southold Be�iedanAEstates� `� Shelter [slan_c01 �SlieltRu and S,q'utho�l._jinreland�et econintclar `.colon"y � . - l�auuhing Waters Cutchogue StatDon , PEast Cutchogue j L,allarg;e� North .Haven i1 is Cutchogue Pnu'e Neck„ !� t-,;& L_' T17q �1 ;Y \-Sa •Harbor F'. Riverhead ^1� tar.,+ty' 1 1r".zJLNeltv"Silffolk ;'_� c `� iR6eve5 Pail."? Nohville fel N1S9 f cliff Park�,,rtLaur, NoSack �J Baiting Hollow i/ / - ----- -� Os Grove 01 A u b� ue - Tamesport i ,( N, q g ...,z. 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