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HomeMy WebLinkAboutCityScape Correspondence Preliminary Review RE, NIELSEN, HUBER & COUGHLIN, LLP ATTORNEYS AT LAW 36 NORTH NEW YORK AVENUE HUNTINGTON,NEW YORK 11743 TELEPHONE: (631)425-4100 FEB 0 6 2018 FACSIMILE: (631)425-4104 Southold to wrr February 6, 2018 Manning Board BY HAND Town of Southold Planning Board Town Annex Building 54375 Main Road Southold,NY 11971 Attn.: Ms. Heather Lanza, Planning Director RE: Elite Towers, LP.,("Elite")New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") Mattituck Fire District("Mattituck FD") and New Cingular Wireless PCS, LLC ("AT&T") Site Plan Application and Special Exception Permit Application for Proposed Public Utility Telecommunications Facility Premises: Laurel Stone 7055 Main Rd., Mattituck,New York SCTM#: 1000— 122 —6—35.4 Dear Ms. Lanza: As you know, we are the attorneys for Elite, Verizon Wireless, Mattituck FD and AT&T, in connection with their joint proposal to establish a communications facility at the subject property. The Site Plan and Special Exception Permit Applications (the "Applications") were filed with the Town on August 24, 2017. Thereafter, on November 1, 2017, CityScape Consultants, Inc. ("CityScape") issued correspondence summarizing its preliminary review and evaluation of the Applications. A copy of the CityScape correspondence is enclosed herewith. Specifically, CityScape noted that the proposed facility is "justified due to technological reasons and is essential for the co-Applicants." Additionally, CityScape noted that the proposed facility "will follow the guidelines of the Telecommunications Act of 1996, the Southold Ordiance and all other pertinent rules and regulations." That said, CityScape noted that the proposed facility requires that the Planning Board grant certain waivers in addition to Site Plan Approval and Special Exception Approval. Specifically, the applicants seek that the Planning Board grant waivers of certain "general requirements" enumerated in the Southold Town Code at §§ 280-70I(2), 280-70I(3), and 280-70N(4). The first issue for which the applicants seek a waiver deals with the 80' height limitation set forth at Code § 280-701(2). Verizon Wireless, AT&T and Mattituck FD have each evaluated the service that Town of Southold Planning Board Laurel Stone Site Plan/Special Exception Application February 6, 2018 Page 2 of 2 would be provided were they to locate on an 80' structure (as opposed to the 120' pole that is proposed), and each has concluded that the height reduction would have a significant negative impact on providing the intended coverage improvements in the vicinity of the Premises. These findings are summarized in the enclosed materials. As to the next issue, the applicants also seek waiver of the 500' minimum distance to residential property lines set forth at Code § 280-70I(3). As noted in the accompanying Supplemental Affidavit of Tanya Negron, there are no available alternative locations in the vicinity that could satisfy this requirement that would serve the needs of Verizon Wireless, AT&T and Mattituck FD. Finally, the applicants seek waiver of the base equipment landscaping requirement set forth at 280- 70N(4). As noted in the accompanying Supplemental Affidavit of Tanya Negron, the applicants submit that the location and design of the base equipment area is such that landscaping is not necessary to screen said equipment from any public view. In further response to the CityScape correspondence, we submit the following documentation: I. Seven (7) copies of Verizon Wireless' Supplemental RF Report, dated January 24, 2018; 2. Seven (7) copies of AT&T's Supplemental RF materials, dated November 20, 2017; 3. Original and six (6) copies of correspondence of Dennis Kenter, Long Island Telecommunications & Electronic Services, Inc., for Mattituck FD, dated November 15, 2017; and 4. Original and six (6) copies of Supplemental Affidavit of Tanya Negron, Managing Member, Elite, dated January 25, 2018. We respectfully submit that these supplemental items further amplify the need and reasoning for the applicants' pursuit of these waivers, and ask that the Planning Board consider same in accord with Code § 280-76.2 (which provides that the Planning Board can waive each of these "general requirements" if"it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare"). Please advise as to when we should appear for a work session with the Planning Board. Should you have any questions with regard to the foregoing, please do not hesitate to contact me. Thanking you for your courtesies, we remain Very truly yours, RE, NIELSEN, HUBER& COUGHLIN, LLP By: - zn oughlin Enclosures CC: CityScape, via e-mail Town of Southold CttyScape CON S U LTA N T S I N C . Telecommunications Site Review 7050 W.Palmetto Park Road#15-652 Equipment Upgrade Application Boca Raton,FL 33433-3483 Tel:877.438.2851 Fax:877.220.4593 November 1, 2017 Mr. Brian Cummings Planner Town Hall Annex Building 53095 Route 25 Southold,New York 11971 RE: Town of Southold/SCTM#1000-122-6-35.4 Verizon Wireless/Laurel Stone Dear Mr. Cummings, At your request on behalf of the Town of Southold ("Town"), CityScape Consultants, Inc. ("CityScape"), in its capacity as telecommunications consultant for the Town has considered the merits of the above referenced application on behalf of Elite Towers to construct a new wireless telecommunications support structure and associated ground compound at 7055 Main Road, Mattituck, New York, see Figure 1. The proposed structure is 1.5 miles from the nearest airport (Suffolk), but will not be an FAA hazard per 2015-AEA-2146-OE, and does not require tower lighting. The Application includes information from both Verizon Wireless and AT&T Mobility("co-Applicants"). This application is proposed to improve service in the surrounding areas of Laurel. While it does have outdoor service, currently, Verizon does not have reliable indoor service in many areas of Laurel. AT&T has demonstrated that it also has lacking service in large areas of Laurel as well as portions of Mattituck, with very limited indoor service. The proposal has been evaluated from the following perspectives: The proposed facility, as specified, is justified due to technological reasons and is essential for the co-Applicants to provide its telecommunications service; and, • The proposed facility will follow the guidelines of the Telecommunications Act of 1996, the Southold Ordinance and all other pertinent rules and regulations. Town of Southold/SCTM#1000-122-6-3 5.4 ����� Verizon Wireless/Laurel Stone Page CON s u L T A N T s , I N c Non-Compliance The proposal does not comply with three (3) sections of the Town of Southold Ordinance: 1. §280-70-I (2)— Structures in LI, LIO, MI, MII, B, HB restrictions—height limited to 80 feet; 2. &280-70-I (2)—Structures in LI, LIO, MI, MII, B, HB restrictions—Minimum distance to adjacent residential property lines shall be no less than 500 feet; 3. §280-70-N(4)—Base equipment landscaping The Applicant is proposing a tower height of 120 feet, with Verizon locating at 115 feet and AT&T using two locations, 105 feet and 95 feet. Technical documents were provided with coverage maps showing Verizon and AT&T coverage at these heights. However, there was no comparative coverage submitted to support the claim, nor was there design or installation information submitted to allow for potential alternative solutions as allowed under the Telecommunications Act of 1996. Since the request is more than 80 feet, additional technical documentation must be provided by Applicant in order to make this determination. Not only are waiver requests from the Applicant needed in order to evaluate and make a recommendation, but also explanation and justification as to why these waivers are needed are also required. Some information was provided as to which residences are within the 500 feet (item #2 above) however, any approval utilizing this location must obtain a waiver. While there were comments from the Applicant concerning §280-70-I (2), no justification was made for the other two items. Much of this required additional information was requested in an email to John Coughlin on September 28, 2017. Mr. Coughlin's response to that email was to state that waiver requests were typically presented to the Planning Board at its meeting reviewing the application. While we will defer to the Town about the timing of when these waiver requests are actually needed, it is the Applicant's justification for these waivers that Cityscape must have to make a qualified recommendation to the Town. Third Party Reviews are submitted to all stakeholders prior to any hearing so that the Board can have sufficient information to make a justified decision. Therefore, based on the lack of supporting information Cityscape Consultants, Inc. is limited to recommending denial of this application. Town of Southold/SCTM#1000-122-6-35.4 Verizon Wireless/Laurel Stone cRyscape Page CON SULTANTSIN C As previously stated there is sufficient documentation that improved wireless services are justified in the general vicinity, but there is insufficient support to the application to be approved as submitted. The request for relaxation of§280-70-I (2) - additional height beyond the Town's zoning code - must be found to be unique and isolated to this particular application thus not to place the Town in future situations that would obligate the Town to allow the same exceptions automatically to other carriers of like service and of similar requests for heights excessive of that allowed by code. Additionally,the request for relaxation of§280-70-I (2)—minimal separation- must be found to be unique and isolated to this particular application thus not to place the Town in future situations that would obligate the Town to allow the same exceptions automatically to other carriers of like service and of similar requests for neighborhood separations excessive of that allowed by code. §280-70-N (4) — Landscaping was not addressed but also requires sufficient justification. Therefore, CityScape Consultants, as the Wireless Telecommunications Expert for the Town of Southold, recommends the Applicant submit the necessary documentation to justify its requested variance/waiver no less than one-week prior to the next scheduled processing event or Cityscape must recommend this application, submitted on behalf of Elite Towers, be denied for insufficient documentation and justification. The Applicant has the ability to provide the required information, and if received in a timely manner and provides sufficient supporting documentation this recommendation could be revised. Should the Applicant elect not to timely provide the requested information, which denies the Town sufficient time and resources to study the documentation, there is no other option but to recommend a denial. If denied the application would be processed, and any future submittals would be considered a new application requiring resubmittals of all fees. Respectfully submitted, Richard L. Edwards FCC Licensed PCIA Certified CityScape Consultants, Inc. FEB OG2018 SOUlhol Town Planning 9natd Supplemental RF Report Proposed Laurel Cellular Facility 7055 Main Road, Laurel, NY 11952 N verizon% January 24, 2018 C Squared Systems,LLC 65 Dartmouth Drive stems Auburn,NH 03032 603-644-2800-2800 E-mail: sttt)t)ortftfatcsgLt.iredst'stertis.eosn Table of Contents 1.0 Executive Summary................................................................................................................................................. 2 2.0 Minimum Height Analysis....................................................................................................................................... 3 3.0 Summary.................................................................................................................................................................. 7 4.0 Qualifications and Statement of Certification.......................................................................................................... 7 Table of Figures Figure A—Cellular Coverage - Existing, Proposed at 115 feet AGL and Alternate at 75 feet AGL @—75 dBm............ 3 Figure B—Cellular Coverage - Existing, Proposed at 115 feet AGL and Alternate at 75 feet AGL @—80 dBm............ 4 Figure C—Cellular Coverage - Existing, Proposed at 115 feet AGL and Alternate at 75 feet AGL @—85 dBm............ 5 Figure D—Cellular Coverage - Existing, Proposed at 115 feet AGL and Atlernate at 75 feet AGL @—95 dBm............ 6 C Squared Systems,LLC 1 January 24,2018 1.0 Executive Surflm@u New York SMSA Limited Partnership dba Verizon Wireless ("Verizon Wireless") is a public utility under the laws of the State of New York and it holds six licenses from the Federal Communications Commission ("FCC") to serve the public within, among other areas, Laurel/Southold,New York.Verizon Wireless' objective is to provide seamless,reliable wireless coverage to its users in accordance with the Wireless Communication and Public Safety Act of 1999.1 Verizon Wireless is providing the following information as a Supplement to the RF Report dated May 4,2016,and in further support of its Special Use Permit Application to the Town of Southold(the"Town")Planning Board in order to construct, operate and maintain a new wireless telecommunications facility at 7055 Main Road, Laurel,NY 11952 (the"Communication Facility"). This Supplemental Report addresses the necessary minimum Antenna height required for the proposed Communication Facility. As demonstrated in this Supplemental Report,the proposed Communication Facility is needed at the proposed height in order to provide reliable coverage to address the existing coverage deficiency in the Laurel/Southold area. United States Code Title 47,Section 615,amended February 13,2003. C Squared Systems,LLC 2 January 24,2018 2.0 Minimum Height Analysis As requested by the Town, Figure A below depicts the existing coverage, proposed coverage with an antenna centerline of 115', and alternate coverage at an antenna height of 75' currently being offered at the-75 dBrn level. ✓ $ Laurel Figure A i D �o? 7055 Main Road q� Laurel,NY 11952 N40 58 43.29 p W72 32 48.81 GE:28'AMSL I Centerline 115'AGL .Gv T � �F�, �� o•a at�i rav�zTw�il: a + o 0 0.5 t� miles f, a ' 0 t d. o- + � � Subject Site Existing Site Reliable Proposed Site Coverage n� at 75 feet AGL Reliable Existing Coverage p Reliable Proposed Coverage at 115 feet AGI Height Analysis 7055 Main Road -75 dBm Laurel Laurel,NY 11952 DATE:DATE:12/15/2017 Figure A—Cellular Coverage-Existing,Proposed at 115 feet AGL and Alternate at 75 feet AGL @—75 dBm C Squared Systems;LLC 3 ,Ianutuy 24,2018 �fj/fir '�� �j � �- �r� r ffyr ,�,•�- .�� � .� �►`,. 77 01 WEso `rte, Ad 7055 Main Road " ��.� `'rye�. �/�'• . �,/'���` ■ i • iLaurel,NY 11952 , • • .1' 1 � ••• '• � 1 r � 1 it •i • • • : .t r IMIS Lon 1p *00 Hoo i • ' � • J•. �� I ol I • � As requested by the Town, Figure D below depicts the existing coverage, proposed coverage with an antenna centerline of 115', and alternate coverage at an antenna height of 75'currently being offered at the-95 dBm level. Laurel Figure D 7055 Main Road Laurel,NY 11952 N40 58 43.29 W72 32 48.81 GE:28'AMSL y Centerline 115'AGL r Vol 0.5 r miles h Sul,jr r lice E mama Site . ® Reliable Proposed Site Coverage at 7S feet AGL l� Reliable Exlsdng Coverage " ���.f �. '� Reliable Proposed Coverage at 115 feet AGL Height Analysis 7055 Main Road -95 dBm Laurel Laurel,NY 11952 �,�'� VeIlMnwirefess DATE:12116/2017 Figure D-Cellular Coverage-Existing,Proposed at 115 feet AGL and Alternate at 75 feet AGL @-95 dBm At cellular frequencies,the site at the requested antenna height will provide in-vehicle coverage to 1.9 square miles of area, 598 people,6 businesses and 8.9 miles of roads, including 2.5 miles of main roads. It will also provide in-building coverage to 2.8 square miles of area, 923 people and 11 businesses. As demonstrated by the maps above,at-80/-85, if the centerline height of Verizon Wireless' Antennas were reduced by 40 feet to 75' agl, the site would provide in-vehicle coverage to only 0.8 square miles of area,231 people, 3 businesses and 3.7 miles of roads, including 1.7 miles of main roads. It will also only provide in-building coverage to 1.7 square miles of area, 541 people and 9 businesses. Loss of new in-vehicle coverage would amount to 56% of area coverage, 61% of population coverage, and 58% of road coverage. Loss of new in- building coverage would amount to 41%of area coverage and 41%of population coverage. C Squared Systems,LLC 6 January 24,2018 3.0 Summary The location and the minimum Antenna height proposed were chosen to meet Verizon Wireless' coverage objectives, clear the local obstructions,accommodate collocation and minimize the aesthetic impact to the community. As depicted by the enclosed maps,the proposed Verizon Wireless Communication Facility,with an Antenna centerline height of 115 feet 5 inches, is at the minimum height required to provide the much needed coverage for the Laurel/Southold area, along with effective connectivity to the rest of Verizon Wireless' existing network. Our analysis confirms that the Communication Facility will remedy the existing service deficiency gap to provide reliable wireless coverage for the Laurel/Southold coverage objective. As the coverage statistics demonstrate, without this site, at the height proposed, significant gaps in service will exist(and remain)within this area of Laurel/Southold;reducing the height of the tower(and corresponding Antennas)would also significantly impact the ability of other wireless service providers to collocate on the tower below Verizon Wireless. Therefore based upon the foregoing,the site should be favorably considered by the Town and the application should be granted in all respects. 4.0 Qualifications and Statement of Certification I am a Radio Frequency Engineer for C Squared Systems,LLC,which has been retained by Verizon Wireless. I have extensive experience in the design and testing of Verizon Wireless'communication facilities as part of its federally licensed network in New York. For example, I have participated in the design and performance of the Verizon Wireless' network in New York, participated in engineering efforts to provide a quality system build-out, evaluated zoning provisions applicable to wireless communication facilities in various communities, testified before local zoning boards in zoning hearings,prepared search areas for new installations,participated in drive tests and reviewed drive test results, participated in site visits, prepared RF designs for proposed installations, reviewed plans and prepared RF packages for zoning hearings,tested and evaluated new sites,and located and corrected system performance problem areas. I have been involved in Verizon Wireless' design of the proposed Communication Facility at the above site. I have personally visited the area,reviewed coverage data for the proposed installation,and reviewed RF coverage information for Verizon Wireless' existing sites. I certify to the best of my knowledge that the statements in this report are true and accurate. anu 24 2018 c.' Date Martin J. Lavin C Squared Systems,LLC Swoto laefore e this day o J1 2018. f NOMY UBLIC C Squared Systems,LLC 7 January 24,2018 74SYstems SUMMARY: Over thirty years of experience in the RF and wireless communications industry. EXPERIENCE: C Squared Systems,LLC 2008-Present Senior RF Engineer • Zoning Hearing Support • Advanced Wireless Services RF System Design ■ Wireless Broadband Access Systems Engineering Drive Test Services • Intermodulation Studies ® RF Exposure Studies U.S. Cellular,Bedford,NH 2002-2008 Senior RF Engineer • West Virginia/Maryland/Pennsylvania CDMA System Design and Optimization • CDMA Capacity Planning and New Site Builds Subject Matter Expert for E-911, Public Safety Interference Issues, Collocation, and Technology Transitions Independent Wireless One(Sprint Network Affiliate),Londonderry,NH 2000-2002 Senior RF Engineer • CDMA System Buildout in New Hampshire and Vermont • Organized Field Office • RF System Design and Site Selection Point of Contact with Site Acquisition and Construction • Capacity Planning • System Performance Nextel,Reston,VA 1999-2000 Senior Manager—Technology Development • New Feature Development for the Motorola MEN system • Corporate RF Engineering Standards • Evaluation of international and domestic spectrum acquisition opportunities C Squared Systems,LLC 8 January 24,2018 USI,Chantilly,VA 1999 Program Manager • Software development projects in Europe and U.S., including budget and schedule responsibility. • Direct client contact for requirements gathering and proposal writing. LCC International,McLean,VA 1991-1998 Manager of Engineering • Domestic and International Cellular&PCS System Design and Buildout • Nationwide GSM Network Buildouts of Australia and New Zealand • FCC PCS Pioneer's Preference • Strategic Planning for LCC Initial Public Offering • Responsible for RF Design and Site Selection for Los Angeles MTA • Wrote network equipment RFP for two PCS MTAs • Software Product Manager for Ce11CAD,ANET, and MetroNET • Managed Drive Test Services, including all Timesheet and Expense Approval Carl T. Jones Corporation/SAIC,Springfield,VA 1987-1991 EMC/EMI Engineer • Test and Measurement consulting for FCC compliance • Broadcast(AM-FM-TV)consulting EDUCATION: University of New Hampshire—Whittemore School of Business and Economics Master of Business Administration Rensselaer Polytechnic Institute Bachelor of Science,Electrical Engineering C Squared Systems,LLC 9 January 24,2018 r0RFF ZU1 i TOWN OF SOUTHOLD STown Aiannin d arming Board COUNTY OF SUFFOLK: STATE OF NEW YORK ------------------------------------------------------------------------------------------X In the Matter of the Application of Elite Towers, LP, New York SMSA Limited Partnership d/b/a Verizon Wireless, Mattituck Fire District,and New Cingular Wireless PCS, LLC Supplemental Affidavit For Site Plan/Special Exception approval to install a public utility wireless communications facility at("Premises"): Laurel Stone 7055 Main Rd, Mattituck,New York District 1000, Section 122,Block 6, Lot 35.4 ---------� _____-----_--_---- - --------------------------------X STATE OF NEW YORK ) ) SS.. COUNTY OF SUFFOLK ) TANYA NEGRON,being duly sworn, deposes and says: 1. I am the Managing Member for Elite Towers, LP ("Elite Towers"), co-applicant, and I submit this supplemental affidavit in further support of the captioned Application of Elite Towers, New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless"), Mattituck Fire District("Mattituck FD"), and New Cingular Wireless PCS,LLC ("AT&T"). 2. As was noted by the Town's telecommunications consultant, CityScape Consultants, Inc. ("CityScape"), the proposal requires that the Planning Board grant certain waivers in addition to Site Plan Approval and Special Exception Approval. 3. Specifically, the applicants seek that the Planning Board grant waivers of certain "general requirements" enumerated in the Southold Town Code at §§ 280-701(2), 280-70I(3), and 280-70N(4). 4. Southold Town Code § 280-70I(2) provides that the maximum height of a wireless communications facility in the`B"zoning district is 80 feet. 5. Southold Town Code § 280-70I(3) provides that the "[m]inimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet." 6. Southold Town Code § 280-70N(4) provides that "[a] screen of evergreen trees shall be planted outside the fence of the base equipment area or shelter to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation." 7. Pursuant to Southold Town Code § 280-76.2, the Planning Board can waive each of these "general requirements" if "it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare." 8. As to Southold Town Code § 280-70I(2), the applicants do propose a facility in excess of the 80' limit — specifically, a 120' unipole structure. A structure of this height allows for Verizon Wireless to provide service from an antenna centerline height of 115'-5", AT&T to provide service from antenna centerline heights of 105' and 95', and allows the Mattituck FD to mount an antenna atop the proposed structure, rising to a top height of 132'. 9. Verizon Wireless conducted an analysis of the instant proposal in comparison to the coverage that would be provided if its antennas were affixed within an 80' pole. See the accompanying January 24, 2018 Supplemental RF Report, Martin Lavin, C Squared Systems, LLC. 10. In his initial May 4, 2016, Mr. Lavin concluded that "[w]ithout this site, at the lie.iglit proposed, significant gaps in service will exist (and remain) within this area ...." (emphasis added). 11. The Supplemental RF Report confirms that conclusion in showing the reduced area of coverage that Verizon Wireless would be able to provide from an 80' structure. 12. Specifically, the Supplemental RF Report shows that Verizon Wireless would lose 1.1 square miles of in-vehicle coverage and 1.1 square miles of in-building coverage in the area if the structure were reduced to 80'. 13. Mr. Lavin, or a representative of C Squared Systems, LLC, will be available to testify as to his analysis and conclusion at the requisite Public Hearing. 14. AT&T prepared supplemental propagation maps and analysis of the service and coverage it would be able to provide from an 80' structure. See the accompanying November 20, 2017, Supplemental AT&T Propagation Maps, Neil Arceo,Pramira Inc. 15. Mr. Arceo's analysis, which includes a comparison of expected AT&T coverage from antennas at a centerline height of 105' vs. 65' (which would be the next available height below Verizon Wireless inside an 80' structure) show a significant reduction in the footprint of coverage the proposed site will provide. 16. Specifically, Mr. Arceo's analysis shows that AT&T would lose 1.15 square miles of in-vehicle coverage and 0.55 square miles of in-building coverage in the area if the structure were reduced to 80'. 17. Mr. Arceo, or a representative of Pramira Inc., will be available to testify as to his analysis and conclusion at the requisite Public Hearing. 18. Mattituck FD evaluated whether locating an antenna atop an 80' structure would suffice. The Mattituck FD's consultant concluded that the FD's "systems will not improve with an 80 foot monopole at Laurel Stone." See the accompanying November 15, 2017 letter of Dennis Kenter, President, Long Island Telecommunications and Electronic Services, Inc. 19. Mr. Kenter, or a representative of Long Island Telecommunications and Electronic Services, Inc., will be available to testify as to his analysis and conclusion at the requisite Public Hearing. 20. As to Southold Town Code § 280-70I(3), which requires separation from residential properties, the need of the co-applicants demonstrate that the proposed facility needs to be located in the vicinity of the Premises. 21. As was noted in my August 24, 2017 Affidavit, the Premises was chosen as the optimal site for which a lease agreement could be secured, and that would meet the operating co- applicants' radio frequency objectives in the subject search area. 22. Although the proposed facility will be less than 500' to residential property lines, there are no available alternative locations in the vicinity that could satisfy this "general requirement." 23. As to Southold Town Code § 280-70N(4), the instant proposal does not call for any landscaping. The subject property has little existing vegetation and has been generally cleared. See Visibility Study, prepared by VHB Engineering, Surveying and Landscape Architecture, P.C. ("VHB"), dated May 2017 and Photographs, submitted with the original Application packet. 24. The base equipment area is to be located to the northwest of the existing buildings (i.e., behin(i the existing Laurel Stone buildings, viewed from Main Road). As a result, the proposed base equipment would not generally be visible from any of the publicly accessible viewpoints. 25. The last viewpoint included in the Visibility Study includes a rendering of the proposed base equipment area. This viewpoint is looking south-southeast, towards the base equipment area—and the photograph was taken from the Premises. 26. The applicants submit that the location and design of the base equipment area is such that landscaping is not necessary to screen said equipment from any public view. 27. On behalf of the applicants, I respectfully submit that these three waivers should be granted as this proposed facility is needed, that the goals of the Town Code are being served by this proposal, and that there will be no resultant detriment to the public health, safety or welfare. In fact, the facility will serve to better the public health, safety and welfare by improving wireless and emergency communications in the area. Elite Towers, LP. By: .ember Sworn to before me this Tanya Negro anagin day of January, 2018. �y Notary Public JANINE ORINO Notary Public.Stare of New York No.02MA6142498 Qualified in Suffolk CcxjntY C nvnis3ivn Expires May 6,20 -L'-- . F � ,".1 FEES 0 1U16 Long Island Telecommunications & Electronic Services, Inc P.O. Box 1585 SouftidTown Riverhead, NY 11901 planning Board 631-236-3553 November 15, 2017 Town of Southold Planning Board Town Annex Building 54375 Main Road Southold,NY 11971 Attn.: Ms. Heather Lanza, Planning Director RE: Elite Towers, LP.,("Elite") New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") Mattituck Fire District ("Mattituck FD") and New Cingular Wireless PCS, LLC ("AT&T") Site Plan Application and Special Exception Permit Application for Proposed Public Utility Telecommunications Facility Premises: Laurel Stone 7055 Main Rd., Mattituck, New York SCTM#: 1000— 122 —6 —35.4 Dear Ms. Lanza- Our company provides and maintains the emergency communications services for the Mattituck FD. Our obligation to the Mattituck FD is to ensure that they have the best possible communications available for the firefighters at any given time for use within the fire district. Elite proposes to provide antenna space to the Mattituck FD atop the proposed concealment pole, and room within the proposed equipment compound for its cabinetry at the Laurel Stone property. Installation and electrical services will be provided to Mattituck FD as part of this project as a courtesy, and a savings to the Mattituck FD, as well as to the tax payers. We have been asked if our communications systems will work atop an 80 foot pole,or if we require that the proposed Mattituck FD antennas be mounted atop a 120 feet pole. We are respectfully requesting the 120 feet of height for the communications pole. The proposed Mattituck FD antenna atop an 80 feet pole,the antenna will not be high enough to clear the nearby trees. Considering the trees and local topography, there would be no benefit to the Mattituck FD to be collocated atop an 80 foot pole. Our current systems in place using the monopole at Mattituck FD headquarters actually will not improve with an 80 foot monopole at Laurel Stone. Continued.......... (2) When we test our systems with an antenna atop a pole of a proposed height of 120 feet, we see a definite improvement of our communications systems and a real enhancement to the Mattituck FD. Based on this we are respectfully requesting that the Planning Board approve the 120 foot pole at the proposed Laurel Stone site. Thank you for your consideration. Sincerely, L ig lslan c • n'n'unications and Electronic Services, Inc. Dennis G. Kenter President DGK:tyJ PRAMIRA + AT&TELITE TOWERS POI_- & LI-371 7055 Main Rd, Mattituck, NY 11952 (Latitude 40-978720, Lo itude 72.546880) A lip AdTh + h r ` - � s �. F r p r J 1 M. Y � i •c ,�, - Proposed Site ,� On-Air PRAMIRA ELITE TOWERS POLE AT&T LI-371 7055 Main Rd, Mattituck, NY 11952 (Latitude=40.978720, Longitude= -72.546880) -N027 Ili 1I I} • � IF �s. i R I { • r ELITE TOWERS POLE AT&T LI-371 7055 Main ' • (Latitude , Mattituck, NY 11952 40.978720, Longitude 4. : : 1 Terrain View with AT&T Sites '�fY�LQ1027 .J �b Q NYL00228 it NYL0,07 41 Ylttituck w ■NYL00371 � r NY 01028 Legend: mese � - Proposed Site - On-Air Sites 0 .5 kmi r (c) 1017 PrAn1er,i lrir�.. All riF�f�is reserved- www.pramira.com 11/7..0/17 1 ELITE TOWERS POLE (LatitudeAT&T LI-371 7055 Main Rd, Mattituck, NY 11952 = 40.978720, Longitude 4.: : 1 AT&T Site Info ANTENNA LTE UMTS NAME LAT LONG ADDRESS CITY STATE ZIP RAD STRUCTURE TECHNOLOGY NAME CENTER TYPE (FT) NYL00371 7055 MAIN UMTS8501LTE (LI-371) TBD 40.978720-72.546880 ROAD MATTITUCK NY 11952 105 MONOPOLE 700/LTE1900 ELIJAH'S UMTS8501LTE NYL00228 NYNYU0228 40.999463-72.511174 LANE MATTITUCK NY 11952 98 MONOPOLE 700/LTE1900 5792 SOUND GUYED UMTS850/LTE NYL00741 NYCEU0741 40.986417-72,585002 AVENUE JAMESPORT NY 11947 150 TOWER 1900 21855 COUNTRY UMTS8501LTE NYLO1027 NYCEU1027 41,029559-72.497251 ROAD 48 CUTCHOGUE NY 11935 70 MONOPOLE 700/LTE1900 25 MANOR UMTS850/LTE NYLO1028 NYCEU1028 40,950520-72.581490 LANE JAMESPORT NY 11947 77 MONOPOLE 700/LTE1900 2017 Pramira Inc, All rights reserved, www.pramira.com 11/20/17 4 PFZb MlFZA ELITE'TOWERS POLE AT&T LI-371 7055 Main Rd, Mattituck, NY 11952 (Latitude= 40.978720, Longitude= -72.546880) 1 - II f Ott mow Or Am 41 r � k. Legend: Received Level • >. ' •■ � • Proposed to • �Yur � rtiz F to-75 „r PRAMIFZA A &AT&T �I ELITE TOWERS POLE L1-371 7055 Main Rd, Mattituck, NY 11952 (Latitude =40,978720 ongitude_ -72.546880) ti ALI a f •16 Zak R :t 4 t lK l II r 4i f 1 . Legend: -• •: it -Proposed Site -75 to 0 it 1 r • • 1 PR"IFIA ELITE TOWERS POLE AT&T LI-371 7055 Main Rd, Mattituck, NY 11952 (Latitude=40.978720, Longitude= -72.546880) it • • - • • • - • A � i • At s X51 n Jft 1 Y + M ern r i r k _ • '• Level • Proposed • 1 ;' On-Air • -75 PRMA1FIA ELITE TOWERS POLE. AT&T Ll- : I 705S Main Rd, Mattituck, NY 11952 _ Lati.tu a=40.978720, Lon 't d 72.546880 III III malt i f ' L 11 � � a - { r , ;. r 3M -85dBm Coverage: Proposed Site On-Air Sites ■ k • ELITE TOWERS POLE (LatitudeAT&T LI-371 7055 Main Rd, Mattituck, NY 11952 =40.9 78720, Longitude 4. : : 1 70OMHz Coverage Summary Table Frequency Antenna GroundEffectiveHon-Overlapping-75dBm Band Height AGL Elevation Height Coverage difference Between Heights AMSL (MHz) ft) (sq miles acres (SQ miles acres Proposed Site with 700 105 26 131 1.17 751 0% 0.00 0 Neighbors _ Proposed Site with 700 65 26 91 0.62 400 Neighbors Frequency Antenna GroundEffectiveNon-Overlapping-85dBm Band Height AGI. Elevation Height Coverage Difference Between Heights _ AMSL _ MHz (ft) (ft) ft) (sq miles (acres) (sq miles) (acres Proposed Site with 700 105 26 131 3.02 1934 0% 0.00 0 Neighbors _ Proposed Site with 700 65 26 91 1.87 1198 -38% -1.15 735 Neighbors (0 7.01 7 Praniii-a Inc.- All righ[s reserved www.r)ramira.com 11_/7._0/17 9 Town of Southold Ckyscape CON S U LTA N T S , I N C . Telecommunications Site Review 7050 W.Palmetto Park Road#15-652 Equipment Upgrade Application Boca Raton,FL 33433-3483 Tel:877.438.2851 Fax:877.220.4593 November 1, 2017 Mr. Brian Cummings ElSoLuitholdTOM Planner017Town Hall Annex Building 53095 Route 25Southold,New York 11971 aard RE: Town of Southold/SCTM#1000-122-6-35.4 Verizon Wireless/Laurel Stone Dear Mr. Cummings, At your request on behalf of the Town of Southold ("Town"), CityScape Consultants, Inc. ("CityScape"), in its capacity as telecommunications consultant for the Town has considered the merits of the above referenced application on behalf of Elite Towers to construct a new wireless telecommunications support structure and associated ground compound at 7055 Main Road, Mattituck, New York, see Figure 1. The proposed structure is 1.5 miles from the nearest airport (Suffolk), but will not be an FAA hazard per 2015-AEA-2146-OE, and does not require tower lighting. The Application includes information from both Verizon Wireless and AT&T Mobility("co-Applicants"). This application is proposed to improve service in the surrounding areas of Laurel. While it does have outdoor service, currently, Verizon does not have reliable indoor service in many areas of Laurel. AT&T has demonstrated that it also has lacking service in large areas of Laurel as well as portions of Mattituck,with very limited indoor service. The proposal has been evaluated from the following perspectives: • The proposed facility, as specified, is justified due to technological reasons and is essential for the co-Applicants to provide its telecommunications service; and, • The proposed facility will follow the guidelines of the Telecommunications Act of 1996, the Southold Ordinance and all other pertinent rules and regulations. Town of Southold/SCTM#1000-122-6-35.4 CkyScape Verizon Wireless/Laurel Stone Paget C O N S U L T A N T S , I N C Non-Compliance The proposal does not comply with three (3) sections of the Town of Southold Ordinance: 1. §280-70-I (2) — Structures in LI, LIO, MI, MII, B, HB restrictions—height limited to 80 feet; 2. §280-70-I(2)— Structures in LI, LIO, MI, MII,B, HB restrictions—Minimum distance to adjacent residential property lines shall be no less than 500 feet; 3. §280-70-N(4)—Base equipment landscaping The Applicant is proposing a tower height of 120 feet, with Verizon locating at 115 feet and AT&T using two locations, 105 feet and 95 feet. Technical documents were provided with coverage maps showing Verizon and AT&T coverage at these heights. However, there was no comparative coverage submitted to support the claim, nor was there design or installation information submitted to allow for potential alternative solutions as allowed under the Telecommunications Act of 1996. Since the request is more than 80 feet, additional technical documentation must be provided by Applicant in order to make this determination. Not only are waiver requests from the Applicant needed in order to evaluate and make a recommendation, but also explanation and justification as to why these waivers are needed are also required. Some information was provided as to which residences are within the 500 feet (item#2 above) however, any approval utilizing this location must obtain a waiver. While there were comments from the Applicant concerning §280-70-I (2), no justification was made for the other two items. Much of this required additional information was requested in an email to John Coughlin on September 28, 2017. Mr. Coughlin's response to that email was to state that waiver requests were typically presented to the Planning Board at its meeting reviewing the application. While we will defer to the Town about the timing of when these waiver requests are actually needed, it is the Applicant's justification for these waivers that Cityscape must have to make a qualified recommendation to the Town. Third Party Reviews are submitted to all stakeholders prior to any hearing so that the Board can have sufficient information to make a justified decision. Therefore, based on the lack of supporting information Cityscape Consultants, Inc. is limited to recommending denial of this application. Town of Southold/SCTM#1000-122-6-35.4 Cka pe Verizon Wireless/Laurel Stone Page C O N S U L T A N T S , I N C As previously stated there is sufficient documentation that improved wireless services are justified in the general vicinity, but there is insufficient support to the application to be approved as submitted. The request for relaxation of§280-70-I (2) - additional height beyond the Town's zoning code - must be found to be unique and isolated to this particular application thus not to place the Town in future situations that would obligate the Town to allow the same exceptions automatically to other carriers of like service and of similar requests for heights excessive of that allowed by code. Additionally, the request for relaxation of§280-70-I (2)—minimal separation- must be found to be unique and isolated to this particular application thus not to place the Town in future situations that would obligate the Town to allow the same exceptions automatically to other carriers of like service and of similar requests for neighborhood separations excessive of that allowed by code. §280-70-N (4) — Landscaping was not addressed but also requires sufficient justification. Therefore, CityScape Consultants, as the Wireless Telecommunications Expert for the Town of Southold, recommends the Applicant submit the necessary documentation to justify its requested variance/waiver no less than one-week prior to the next scheduled processing event or CityScape must recommend this application, submitted on behalf of Elite Towers, be denied for insufficient documentation and justification. The Applicant has the ability to provide the required information, and if received in a timely manner and provides sufficient supporting documentation this recommendation could be revised. Should the Applicant elect not to timely provide the requested information, which denies the Town sufficient time and resources to study the documentation, there is no other option but to recommend a denial. If denied the application would be processed, and any future submittals would be considered a new application requiring resubmittals of all fees. Respectfully submitted, Richard L. Edwards FCC Licensed PCIA Certified CityScape Consultants, Inc. Town of Southold Ckyscape C o n s u I, •r n N •r s i r. c . Telecommunications Site Review 7050 W.Palmetto Park Road#15-652 Equipment Upgrade Application Boca Raton, FL 33433-3483 Tel:877.438.2851 Fax:877.220.4593 October 13, 2017 Mr. Brian Cummings Planner N O V 0 1 2017 Town Hall Annex Building 53095 Route 25 Southold Town Southold,New York 11971 Planning Board RE: Town of Southold/SCTM#1000-122-6-35.4 Verizon Wireless/Laurel Stone Dear Mr. Cummings, At your request, on behalf of the Town of Southold("Town"), CityScape Consultants,Inc. ("CityScape") in its capacity as telecommunications consultant for the Town, has considered the merits of the above referenced application on behalf of Elite Towers to construct a new wireless telecommunications support structure and associated ground compound at 7055 Main Road, Mattituck, New York, see Figure 1. The proposed structure is 1.5 miles from the nearest airport (Suffolk), but will not be an FAA hazard per 2015-AEA-2146-OE, and does not require tower lighting. The Application includes information from both Verizon Wireless and AT&T Mobility ("co-Applicants"). This application is proposed to improve service in the surrounding areas of Laurel. While it does have outdoor service,currently,Verizon does not have reliable indoor service in many areas of Laurel. AT&T has demonstrated that it also has lacking service in large areas of Laurel as well as portions of Mattituck, with very limited indoor service. The proposal has been evaluated from the following perspectives: ■ The proposed facility,as specified, is justified due to technological reasons and is essential for the co-Applicants to provide its telecommunications service; and, • The proposed facility will follow the guidelines of the Telecommunications Act of 1996, the Southold Ordinance and all other pertinent rules and regulations. Town of Southold/SCTM#1000-122-6-35.4 Verizon Wireless/Laurel Stone ckyscape Page 2 c o N s u 1. T A N T s , I N c Non-Compliance The proposal does not comply with three (3) sections of the Town of Southold Ordinance: &280-70-I(2—Structures in Ll, LIO, MI, MII, B, HB restrictions—height limited to 80 feet 4280-70-I(2)—Structures in Ll,LIO,MI,MII,B, HB restrictions—Minimum distance to adjacent residential property lines shall be no less than 500 feet &280-70-N(4)—Base equipment landscaping The Applicant is proposing a tower height of 120 feet, with Verizon locating at 115 feet and AT&T using two locations, 105 feet and 95 feet. Technical documents were provided with coverage maps showing Verizon and AT&T coverage at these heights. However, there was no comparative coverage submitted to support the claim, nor was there design or installation information submitted to allow for potential alternative solutions as allowed under the Telecommunications Act of 1996. Since the request is more than 80 feet, more technical documentation is needed to make this determination. Not only are waiver requests needed in order for any recommendation,but also explanation and justification as to why these waivers are needed are also required. Some information was provided as to which residences are within the 500 feet (item#2 above) yet the mere fact of any approvals utilizing this location must require a waiver. While there were comments concerning §280-70-I(2), no justification was made for the other two items. Much of this information was requested in an email to John Coughlin on 9/28. Mr. Coughlin's response was that waiver requests were typically presented to the Planning Board at its meeting reviewing the application. While we will defer to the Town about the timing of when these waiver requests are actually needed, it is the Applicant's justification for these waivers that we must have to make our recommendation to the Town. As you know, our recommendations are made prior to any hearing so that the Board can have sufficient information to make a justified decision. Therefore, based on the lack of supporting information Cityscape Consultants, Inc. is limited to recommending denial of this application. Town of Southold/SCTM#1000-122-6-35.4 Verizon Wireless/Laurel Stone ckyscape Page 3 CON SLI LTA N T S , I NC As previously stated there is sufficient documentation that improved wireless services are justified in the general vicinity, but there is insufficient support to the application to be approved as submitted. The request for relaxation of§280-70-I (2) - additional height beyond the Town's zoning code - must be found to be unique and isolated to this particular application thus not to place the Town in future situations,which would obligate the Town to allow the same exceptions automatically to other Carriers of like service and of similar requests for heights excessive of that allowed by code. Additionally, the request for relaxation of§280-70-1(2)—minimal separation- must be found to be unique and isolated to this particular application thus not to place the Town in future situations,which would obligate the Town to allow the same exceptions automatically to other Carriers of like service and of similar requests for neighborhood separations excessive of that allowed by code. §280-70-N(4)—Landscaping was not addressed but also requires sufficient justification. Therefore, Cityscape Consultants, as the Wireless Telecommunications Expert for the Town of Southold, recommends this application submitted on behalf of Elite Towers be denied. The Applicant has the ability to provide the required information, and if received in a timely manner and provides reasonable supporting documentation this determination could be reversed. Respectfully submitted, Jonathan N. Edwards, P.E. Cityscape Consultants, Inc. rr..m ■/�rr�■■■■■■■■■ f Consultants, Inc. 7050 West Palmetto Park Road#15-652 Boca Raton,Florida 33433 Tel: 877.438-2851 Fax: 877.220-4593 F. LETTER OF AGREEMENT SEP 1 5 2017 September 15, 2017 Southold Town Planning Board Brian Cummings Town of Southold 53095 Route 25 Southold, New York 11971 Re: Agreement between Town of Southold, New York (Town) and CityScape Consultants, Inc. (Consultant) dated March 5, 2013 (Agreement) Dear Mr. Cummings, As per the above referenced Agreement between Town and Consultant, Consultant agrees to provide a review and analysis for an application to construct a 120' concealed wireless communications facility located at 7055 Main Road, Mattituck, SCTM #1000-122.-6-35.4. Review services for the Application will be performed at an agreed upon rate of six thousand, five hundred dollars ($6,500). There will be no additional costs of fees associated with the review of this Application and/or follow-up letters relating to this Application. Consultant will provide the services as outlined in Exhibit A, Scope of Services, of the Agreement. Sincerely, Elizabeth Herington-Smith Elite mvcrs. l:�E,;�rt� to 1� ir�l�x• �it� ])�.�I�+�>>ii�nt � .� � � �' �� � VIA USPS Tracking#9405503699300093687606 SEP Q g 2017 Southold[own Ptarnnir:ri Board September 1, 2017 Town Hall Annex Building 54375 Route 25 P.O. Box 1]79 Southold,NY 11971 Heather M. Lanza, Planning Director RE: Elite Towers,Ll'and Verizon Wireless application_for Publicutility_Wireless Facility 7055 Main Road,Mattituck,NY 11952 SCTA# 100-122-6-35.4 Dear Mr. Donadio, In your recent discussions with our attorney, John Coughlin, it has been requested that Elite Towers provide new checks for the above referenced application. Check no. 1943 is attached for $2,000.00 to replace check no. 1819 and check no. 1944 is also attached for $1,000.00 to replace check no. 1820. Should you require additional information or documents, please do not hesitate to contact our office or our attorney listed below: John J. Coughlin R6,Nielsen, Huber&Coughlin, LLP 36 North New York Avenue Huntington,New York 11743 Telephone: (631)425-4100 Facsimile: (631)425-4104 E-Mail:jeoughIin&,rnhcl iw.com 17eg ds, Tanya Negr6n Business Development/Managing Partner Tanva.Ne roma elite-towers.roni Elite Towers, LP•44 W. Jefiyn Blvd., Suite Q5, Deer Park,NY l 1729 •P: 631-242-0403 •F: 516-706-5077