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Application Phillips Lytle LLP Via Federal Express & Email September 15, 2015 Mr. Craig Brown Zoning Administrator Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury, New York 12804 Re: Application ("Application') by New Cingular Wireless PCS, LLC ("AT&T" or "Applicant") for a Use Variance from the Zoning Board of Appeals ("ZBA") to Permit the Installation and Operation of a 130-foot Wireless Telecommunications Facility and Related Equipment ("Proposed Facilities") at 1359 Ridge Road, Town of Queensbury, New York ("Town") ( "Property" or "Site") Dear Mr. Brown and Members of the Zoning Board of Appeals: We represent AT&T with respect to the above referenced matter. AT&T desires to install and operate the Proposed Facilities on the Property ("Project"), which is zoned Moderate Density Residential ("MDR"). Section 179-5-130(C) of the Town of Queensbury Code ("Code"), however, restricts telecommunications towers to areas within Commercial Light Industrial ("CLI") and Heavy Industrial ("HI") zoning districts or co-located on any property where a telecommunications tower or other tall structure exists. Thus, we hereby submit this letter of intent and attached materials on AT&T's behalf in connection with its Application for a use variance to permit the installation and operation of the Proposed Facilities on the Property. A completed copy of the Town's use variance application form is attached hereto as Exhibit A. The Project is proposed pursuant to an Option and Lease Agreement ("Agreement") between Kubricky Construction Corp. (f/k/a John Kubricky &Sons, Inc.), the owner of the Property ("Owner"), as Landlord, and AT&T, as Tenant. Owner executed the Agreement, which authorizes AT&T to file any zoning applications necessary for construction, installation and/or operation of the Proposed Facilities. A redacted copy of the Agreement is attached hereto as Exhibit B. A copy of the current deed is also attached with Exhibit B. ATTORNEYS AT LAW THOMAS PUCHNER, PARTNER PHONE 518 472 1224 EXT. 1245 TPUCHNER@PHILLIPSLYTLE.COM OMNI PLAZA 30 SOUTH PEARL STREET ALBANY, NY 12207-3425 PHONE 518 472 1224 FAX 518 472 1227 NEW YORK: ALBANY, BUFFALO, CHAUTAUQUA, GARDEN CITY, NEW YORK, ROCHESTER I WASHINGTON,DC I CANADA: WATERLOO REGION I PHILLIPSLYTLE.COM 7777711713 Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 2 Also, the Property is the subject of an existing Adirondack Park Agency Permit No. P79- 244, issued Sept. 18, 1979 in the name of John Kubricky &Sons, Inc. ("APA Permit"). A copy of the APA Permit is attached hereto as Exhibit C. AT&T has also submitted an application to the APA for approval of the Proposed Facilities. The APA application is incomplete pending the ZBA's decision on AT&T's use variance request. See Exhibit L, (APA Notices). In addition, the Site is also the subject to a New York State Department of Environmental Conservation ("NYSDEC") sand/gravel mining permit. See Exhibit N (NYSDEC Permit). The landowner is pursuing an amendment to its NYSDEC permit to accommodate AT&T's Project. We will provide an update on the NYSDEC permit process as it moves forward with the agency. EXHIBIT LIST The following exhibits are attached hereto and made part hereof: Exhibit A: Use Variance Application Form Exhibit B: Option and Lease Agreement (and Deed) Exhibit C: APA Permit Exhibit D: FCC License Map Exhibit E: Detailed Site Plans Exhibit F: Site Justification Memo and RF Propagation Maps Exhibit G: Alternatives Analysis Exhibit H: Visual Impact Analysis and Impact Assessment Report Exhibit I: Tree Inventory/Survey Exhibit J: No-Cutting Declaration Exhibit K: Collocation Certification Exhibit L: APA Notices Exhibit M: Stormwater Memorandum Exhibit N: NYSDEC Mining Permit Ty77 Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 3 Also enclosed is a check for the use variance application fee in the amount of$100.00. ABOUT AT&T AT&T is licensed by the Federal Communications Commission ("FCC") to construct and operate a wireless telecommunications network in various markets throughout the country, including the State of New York and the Town of Queensbury. A copy of the map that displays the areas surrounding the Proposed Facilities that AT&T holds FCC Licenses to provide wireless telecommunications services is attached hereto as Exhibit D. AT&T is in the process of designing and constructing additional wireless facilities to its existing telecommunications system to serve the extent of the Adirondack Park and municipalities located therein. One of the key design objectives of its systems is to provide adequate and reliable coverage. Such a system requires a grid of radio transmitting and receiving links located approximately .5 to 2 miles apart, depending on the location of existing and proposed installations in the surrounding area, the extent of use of AT&T's wireless services within the network, and the existing topography and obstructions. The radio transmitting and receiving facilities operate on a line-of-sight basis, requiring a clear path from the facility to the user on the ground. PROTECT DETAILS Applicant: New Cingular Wireless PCS, LLC AT&T's Address: 575 Morosgo Drive Atlanta, Georgia 30324-3300 Attorney Contact: Phillips Lytle LLP Attention: Thomas F. Puchner, Esq. 30 South Pearl Street Albany, New York 12207 Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 4 Telephone: (518)-472-1224 E-Mail: tpuchner@phillipslytle.com Project Location: 1359 Ridge Road Queensbury, New York County of Warren Tax Parcel: 279-1-48 Zoned Moderate Density Residential Property Owner: Kubricky Construction Corp 269 Ballard Road Wilton, New York 12831 Project Description: AT&T proposes to construct a 130' monopole, with 9 antennas at a centerline height of 126'and a base transceiver station with a 11'-5" x- 12' equipment shelter and an attached generator located on a 20' x 11'-5" concrete pad, all within a 40' x 60' fenced area. A copy of the Detailed Site Plans are attached hereto as Exhibit E. PROTECT DESCRIPTION The Project will include the installation of a 130' monopole and related equipment within a 10,000 square foot lease area, containing a 40' x 60' fenced compound. See Exhibit E (Site Plans, Pages T3 and T4). The monopole will include Andrew SBNHH- 1D65C LTE antennas, Andrew SBNH-1D8585C UMTS antennas, Remote Radio Units and A2-AWS units, as well as Raycap DC6-48-60-18-8F Squid/DC Surge Suppressors, all to be mounted at a centerline height of 126 , with associated cabling and related equipment. In addition, an 11'-5"x 12' precast concrete equipment shelter and 7-9" x 3'-2" Generac SD050 diesel generator with Level 2 Sound Enclosure will be installed Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 5 within the compound all on a 20' x 11'-5" concrete pad. See Exhibit E (Site Plans, Pages T4 and T5). The Project will provide enhanced wireless communication services to the community and will enable users to access a state-of-the-art, fully digital system for voice communications, messaging, and data transmission and reception with AT&T's most advanced technology, Long Term Evolution ("LTE"). LTE is the next step in AT&T's 4G network evolution, and 4G means faster mobile broadband speeds and faster data transfers. This Project is vital to AT&T's customers and essential to AT&T's network. With an enhanced LTE network, AT&T can provide improved service capabilities in more places than ever before, and the Project will allow those living in, working, and visiting the Adirondack Park, the Town of Queensbury and Lake George all the benefits LTE has to offer. USE VARIANCE INFORMATION As stated above, the current zoning of the Property does not permit it to be used for the installation and operation of a wireless telecommunications facility. The Code restricts telecommunications towers to areas within any CLI and HI districts or co-located on any property where a telecommunications tower or other tall structure exists. Since the Property is zoned MDR, AT&T must obtain a use variance from the ZBA to proceed with the Project. A. New York Use Variance Standards for Public Utilities In New York, it is well-established that wireless communications facilities are afforded the status of public utilities and are subject to a lesser standard for granting approvals than other uses. Cellular Telephone Co. v. Rosenberg, 82 N.Y.2d 364, 371, 604 N.Y.S.2d 895 (1993). As such, "cellular providers are . . . entitled to wider zoning latitude in order to provide their public services." Lucas v. Planning Bd. of Town of LaGrange, 7 i7777777J r7,^ Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 6 F.Supp.2d 310, 323 n.8 (S.D.N.Y. 1998). The standard that a local zoning board must consider is whether the public utility has shown "a need for its facilities" and whether the needs of the broader public would be served by granting an approval. Consolidated Edison Co. v. Hoffman, 43 N.Y.2d 598, 608-10, 403 N.Y.S.2d 193 (1978) ("[I]t has long been held that a zoning board may not exclude a utility from a community where the utility has shown a need for its facilities."); see also, Rosenberg, 82 N.Y.2d at 372. The courts have consistently upheld and reaffirmed this principal. See, Site Acquisitions, Inc. v. Town of New Scotland, 2 A.D.3d 1135, 1136-1137, 770 N.Y.S.2d 157 (3d Dep't 2003); Matter of Nextel Partners v. Town of Fort Ann 1 A.D.3d 89, 93, 766 N.Y.S.2d 712, (3d Dept), leave to appeal denied, 1 N.Y.3d 507 (2004). Pursuant to the above case law, the standard that must be employed by the ZBA in evaluating AT&T's request for a use variance requires evaluation of the following three factors: 1. Has AT&T demonstrated that it has a service gap? 2. Will the Proposed Facilities adequately remedy the service gap? 3. Are the Proposed Facilities the least intrusive means available to overcome the service gap? B. Analysis of the Relevant Use Variance Standards in connection with the Application Below you will find a list of the relevant requirements for the ZBA to consider in its review of the Applicant's request for a use variance in connection with the installation and operation of the Proposed Facilities. 1. A service gap exists at or near the Property and surrounding area. Applicant's Response: As demonstrated by the Site Justification Memo and RF Propagation Maps, attached as Exhibit F, AT&T's existing zoireless telecommunications Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 7 netzvork does not provide adequate in-car coverage along NYS Route 9L, NYS 149, and CR 7. A main objective of the Proposed Facilities is to remedy the existing in-car coverage gap that exists betzveen the Queensbury and Fort Ann sites along NYS 149. See Exhibit F(Propagation Maps, at Exhibit 3 ®Existing Coverage). Another important objective of the Proposed Facilities is to extend the connecting coverage north on NYS 9L Ridge Road and CR 7 Bay Road connecting with AT&T's Pilot Knob site at Lake George's Dunham, Harris and Warner Bays. See id (Existing Coverage). Similarly, AT&T's existing wireless telecommunications network does not provide adequate in- building coverage to the surrounding residential neighborhoods along Moon Hill Road and Sunnyside Road and the Queensbury Country Club golf course. See id (Existing Coverage). The existing coverage levels for the majority of the residential areas to be served by the Proposed Facilities are presently near or below the -95dBm threshold zvhich results in no service conditions zvhile in building due to additional signal losses from penetrating typical wood construction houses. See id (Existing Coverage). Similarly, the intermittent-95 dBm signal levels serving the northern section of the Tozvn, along Route 149 and 9L, are not adequate to sufficiently penetrate commercial construction consisting of block, masonry brick and metal sheathing. See id (Existing Coverage). Additionally, areas of County Road 7 and Lake Sunnyside have signal levels as zveak as -95dBM and are historically troublesome to AT&T users experiencing call drops, particularly during summer months due to the heavily zvooded areas and intervening terrain. See id (Existing Coverage); see also Exhibit F(Site Justification Memo). Lastly, there is a need to significantly offload far azvay traffi%ustomers presently serviced by AT&T's Glen Falls site atop the Cronin High Rise near the Glens Falls Civic Center. Exhibit F (Site justification Memo). Accordingly, a service gap exists at or near the Property and surrounding area. Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 8 2. The Proposed Facilities will adequately remedy the existing service gap. Applicant's Response: As demonstrated by the Site Justification Memo and RF Propagation Maps, attached as Exhibit F, the Proposed Facilities zvill provide adequate in-car coverage along NYS Route 9L, NYS 149, and CR 7. The Proposed Facilities also zvill remedy the existing in-car coverage gap that exists between the Queensbury and Fort Ann sites along NYS 149, and increase connecting coverage north of NYS 9L (Ridge Road) and CR 7 (Bay Road) by connecting with AT&T's Pilot Knob site at Lake George's Dunham, Harris and Warner Bays, See Exhibit F(Propagation Maps, at Exhibit 5 ® Proposed Coverage with Queensbury East). Similarly, the Proposed Facilities zvill provide adequate in-building coverage to the surrounding residential neighborhoods along Moon Hill Road and Sunnyside Road and the Queensbunj Country Club golf course. See id. (Proposed Coverage with Queensbury East). Also, the coverage levels for the majorihj of the residential areas to be served by the Proposed Facilities will be increased above the -95dBm threshold, which will result in adequate in-building coverage in those areas. See id. (Proposed Coverage with Queensbury East). Further, the intermittent- 95 dBm signal levels serving the northern section of the Toml, along Route 149 and 9L, will be increased to sufficiently penetrate commercial construction consisting of block, masonry brick and metal sheathing. See id. (Proposed Coverage with Queensbury East). Additionally, the Proposed Facilities will remedy the service gaps that exist in the areas of County Road 7 and Lake Sunnyside. See id. (Proposed Coverage with Queensbury East). Lastly, the Proposed Facilities zvill serve to significantly offload far azvay traffi%ustonaers presently serviced by AT&T's Glen Falls site atop the Cronin High Rise near the Glen Falls Civic Center. See id. (Proposed Coverage with Queensbury East). Accordingly, the Proposed Facilities, with antennas at a centerline height of 126'1 will adequately remedy the existing service gap. 7:7777� Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 9 3. The Proposed Facilities are the least intrusive alternative on the community than other options necessary to overcome the existing service gap. Applicant's Response: As fully explained in the Alternatives Analysis, attached as Exhibit G, provided by Applicant's Site Acquisition Consultant, the Site is the most preferable location for the Proposed Facilities. AT&T initially considered several tall structures in the area, but those structures zvere ruled out by AT&T RF Engineers because they do not satisfi/AT&T's coverage objective. Otherwise, there zvere no other viable existing structures for the Proposed Facilities. As a result, AT&T considered locations to site a nezv tower. See Exhibit G (Alternatives Analysis). In order to comply zvith the Code relative to locations for siting zvireless telecommunications facilities, the Site Acquisition Consultant identified properties in CLI or HI districts. The closest property that has either designation is near the Glens Falls Airport, over 2.5 miles azvay. Thus, a zvireless telecommunications facility at this location would not satisfi/ AT&T's coverage objectives. See id. (Alternatives Analysis). Consequently, AT&T considered locations with other zoning classifications. See id. (Alternatives Analysis). In doing so, it zeas determined that installing and operating the Proposed Facilities at the Site is the least intrusive alternative on the community that will overcome the existing service gap. See id. (Alternatives Analysis). As described more fielly belozv, the Site is well screened from visual impacts to Route 149 by existing zvoodland vegetation to the north, while its location at the top of a hill provides adequate service meeting AT&T's coverage objective, and requiring almost no site disturbance because of the existing sand/gravel use. See id. (Alternatives Analysis). Alternative locations to the north of Route 149 zvould be surrounded by residential properties, at significantly lower elevation, and without the benefit of the Site's screening vegetation to the north. See id. (Alternatives Analysis). Likewise, properties to the south along Ridge Road zvould be at significantly lozver elevations. See id. (Alternatives Analysis). Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 10 The Site is zvell screened from potential visual impacts. It sits high on a hill surrounded by dense zvoodlands that screen the Proposed Facilities from visual receptors. See Exhibit E ( Pages T3 and T4) and Exhibit H(Visual Analysis). Because of the surrounding zvoodlands and undulating terrain, the Proposed Facilities are not visible from most visual receptors. See Exhibit H(Visual Analysis). The height of the Site relative to the surrounding terrain allozvs the Proposed Facilities to serve the surrounding areas zMere significant service gaps exist without requiring a tozver height that is out of scale zvith surrounding vegetation and terrain. See Exhibit F (Site justification Memo &Propagation Maps). Thus, the physical location of the Proposed Facilities in relation to its surroundings acts to mitigate the potential for adverse visual impacts. See Exhibits G (Alternatives Analysis) and H(Visual Analysis). Further, surrounding vegetation tozvards Route 149 screens the views in that direction so that no adverse impact occurs. See Exhibit G (Alternatives Analysis). In addition, AT&T proposes to install additional screening (zvhite pine trees) along the existing berm facing Ridge Road and at the eastern side of the equipment compound. See Exhibit E (Pages T3 and T4). In order to ensure that existing mitigating vegetation is maintained, AT&T has obtained a no- cutting declaration ("Declaration")from Queensbury Country Club, the ozvner of adjacent properties to the north towards Route 149, See Exhibit I(Tree Survey). The Declaration prevents AT&T or the landozvner from removing trees within a 200'radius of the Proposed Facilities, The Declaration zvas approved as-to-form by APA Staff prior to execution. Moreover, the nature of the Property itself is very desirable for the Proposed Facilities. In particular, the Property is located on an existing sand/gravel borrozv pit in an area surrounded by industrial and/or commercial uses, including solid waste transfer station and former landfill and other borrozv pits. See Exhibit E (Pages T2 and T3). Thus, no significant impact on surrounding uses or community character is expected and the Proposed Facilities will be generally compatible zvith surrounding uses. In terms of tozver design, AT&T proposes a monopole because of its sleek design that takes up a minimal amount of property to achieve the desired height. In comparison, a lattice tozver zvould require more footprint far the tozver legs, zvhile a guyed tozver zvould require additional space for (7,77 77 Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 11 guy anchors to be placed outside the equipment compound area. The antennas will be painted using colors to blend in with the tozver and zvill have non-specular finish, as required by typical APA permit conditions. Finally, because the existing surrounding vegetation provides adequate screening and will be protected by an APA-approved no-cutting restriction, no tozver/equipment camouflage or other "stealth"mechanisms are rational, required or necessary. With respect to alternative heights, the 130' tozver with AT&T centerline at 126'is the best option to provide coverage to AT&T's customers zvhile also allozving adequate space for tzvo additional carriers at sufficient heights (approx. 116'and 106') to provide adequate coverage, depending on their netzvork. See Exhibit K (Collocation Certification). As explained by AT&T's network engineer, the surrounding tree canopy in the immediate vicinity of the proposed tozver has a height above mean sea level (AMSL) of 596'. See Exhibit F (Site Justification Memo). The radiation center of 126' (611'AMSL) allows the antennas to be just above tree line and hence provides niuch better transmission of radio signals by providing less signal loss. See Exhibit F(Site Justification Memo and Propagation Maps (Elevation Views). Accordingly, construction, installation and maintenance of the Proposed Facilities at the Site is the least intrusive alternative on the community that zvill overcome the existing service gap. SHOT CLOCI<INFORMATION The Federal Telecommunications Act of 1996 ("TCA") requires that municipalities must act on any request to place, construct, or modify personal wireless service facilities "within a reasonable period of time. . . taking into account the nature and scope of such request." Pursuant to the FCC's Declaratory Ruling, In re Petition for Declaratory Ruling, 24 F.C.C.R. 13994 (2009), ("Shot Clock Order"), the FCC has established certain presumptively "reasonable times" beyond which a municipality's inaction on a F7 l Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 12 telecommunication application constitutes "a failure to act" under the TCA.1 With respect to the Application, the "reasonable time"for action under the Shot Clock Order is 150 days. Notably, though, this does not include the time that it takes for an applicant to respond to a request for additional information if the local government notifies the applicant within the first 30 days that its application is incomplete. See In re Petition for Declaratory Ruling, 24 F.C.C.R. at 14014-15, ¶T 52-53. Here, the Application was submitted to the Town on July 24, 2015. Ten days later, the Shot Clock was tolled when AT&T was notified via e-mail from Laura Moore, Town of Queensbury Planner, (dated and received August 3, 2015) stating that additional information was required. Upon receipt of this submission, the Shot Clock will resume and the Town will have 20 days (or until October 6,2015) to notify AT&T that additional information is required and, once again, toll the Shot Clock. If it does not, however, then the Town will have 140 days (or until February 3,2016), pursuant to the Shot Clock Order, to render its decision with respect to AT&T's Application. Nonetheless, if the ZBA requires additional information after October 6,2015, AT&T will, of course, still provide any information reasonably requested, but the 150-day period will not be tolled. In order to accommodate the ZBA in meeting its obligations under the Shot Clock Order, AT&T will continue to work with the ZBA and stands ready to provide any necessary additional information that the ZBA may request and will appear at public meetings as necessary, including any special meetings that may be necessary to comply with the Shock Clock Order, until the Application is fully processed to a decision on or before the date the Shot Clock expires. 1 In 2013,the Supreme Court of the United States upheld the Shot Clock Order in City of Arlington v.Federal Communications Commission,133 S. Ct. 1863(2013),finding that the FCC has broad authority to interpret the TCA. Thus,municipalities must take decisive action on wireless siting applications within Shot Clock Order timeframes established by the FCC. F' .r 1 Mr. Craig Brown Town of Queensbury Zoning Board of Appeals September 15, 2015 Page 1 13 STATE ENVIRONMENTAL QUALITY REVIEW ACT Because the Project is subject to the Adirondack Park Agency Class A Regional Project permitting, the Project is excluded from SEAR by ECL 8-0111(5)(c) and classified as a Type II action exempt from SEQR, pursuant to 6 NYCRR 617.5(c)(36). CONCLUSION For the foregoing reasons, AT&T respectfully submits that it is appropriate for the ZBA to issue a use variance to permit AT&T to proceed with the Project. To that end, AT&T hereby respectfully requests the ZBA to schedule a public hearing in connection with AT&T's Application as soon as possible. We appreciate your attention to this matter. Very truly yours, Phillips Lytle LLP By , c....., a Thomas F. Puchner TFP/kbh Enclosures cc: Melissa Semidey, Esq., AT&T Network (by e-mail only) Adam S. Walters, Esq., Phillips Lytle LLP (by e-mail only) David Ford, Centerline Communications (by e-mail only) Doc#100797 Exhibit A Use Variance Revised.lune 2009 USE VARIANCE APPLICATION REvIEvv PROCF_.53 1. Required Pre-Submission meeting with staff to determine general completeness to be held no tater than 1 week prior to deadline day. Call(518)761-8238 for appointment. 2. Submittal of complete application: 1 original & 14 copies of the application package by monthly deadline_ 3. Determination of application completeness.All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. 4. incomplete g(icatior wi11 riot be considered for rslac rttenf on any agenda until all missing informatio€�, has been supplied. S. Submittal to the Warren County Planning Board, if applicable_ 6, zoning Board meeting,generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 7. Following the meeting,you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was approved, the next likely step is a Building Permit. Final pians/drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTATION REgUIREMENTS: Please submit 1 original and 94 co les of the completed application package to include: Completed Application: pages 1-9.completed,signed&dated Pre-Submission Meeting Notes: signed by staff Denial Letter: from the Zoning Administrator • Waiver Request any request for a waiver from the applicant regarding submission requirements. Copy of Deed ® Surrey: stamped,dated&signed Fee ZONING STAFF&CONTACT INFORMATION Craig Brown,Zoning Adirrinistrator craigiba(D.oupepbrary.net Laura Moore, Land Use Planner Iauram(c-bclueensburv.not Sue Hemingway, Office Specialist (518)761-8238 Visit our website at www.queensbur .net for further information and forms. 0 Town of Queensbury•Zoning Office-742 Bay Road-Queensbury,NY 12804•5'18-76.1-9208 Use Variance Revised June 2009 COMPLIANCE WITH ZONING ORDINANCE 1) The Statutes describe a Use Variance to mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. 2) In deciding a request for a Use Variance the Zoning Board of Appeals[ZBA]may not grant a Use Variance without a showing by the applicant that the applicable zoning regulations and restrictions have caused an unnecessary hardship. In order to prove such hardship, the applicant must prove for each and every use permitted under the regulations for the applicable zoning district that: a. The applicant cannot realize a reasonable return, provided that return is substantial as demonstrated by competent financial evidence. b. The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood. c. That the requested Use Variance, if granted will not atter the essential character of the neighborhood d. That the alleged hardship has not been self created. 1 Town Of QUec:nsbury•Zoning Office•742 Bay Road•Queensbuiy,NY 128a4•514.761-82.38 General lnforrnation, Section:279 Block:1 Parcel:48 Tax Parcel ID: M DR Zoning District: Lot SIZ9.38 acres ES. �,.�.. Current Use: industrial Proposed Use: wireless communications facility Project Location: 1359 Ridge Road,Queensbury,NY _ Applicant Name N-rw C:irtgular Wireless PCS,LLC. Address: 2875 Union ltd,Suite 356 Cheektowaga,NY 14227 Home NIA Jlor'r.Phone 7111-Fsh-5l3t Fax N/A !;'N1atI: [115 1.»9L'(CUalt.COII"7 _.�. >...,—_ ..,...,„_s... �...�._._...._..,-........ �._ Agent's Name: Centerline C:omill unications c/) Address: 95 Ryan Drive Suite 1,Raynham,MA David Ford Home Phone X08.821 6509 Cell: 508.82 t.6509 ... ___ .._ _ r... Work Phone 508.821.6509 Fax 508.819.3417 _____—__ ,._._...__...._.__.--.__., __-.,.-,.__.__._.,.... >r-mail dford(c�clinellc.com Owner's Name; Kubricky Construction Corp Address 269 Ballard Road,Wilton,NY 12831 I torrt� 'hone -Cell N/A Work Phone 508.821.6509 Fax E-mail 1Vii\ Site Plan Review P.aviwri March 2014 Z Town of Queensbury Planning office•742 6-ay Rcad•Queensbury,NY 12604.518-761-8?20 Site Develooment Data Area/Type Existing sq.ft. roposed Total sq,ft.�� Addition scift A. Building footprint 0 i 240 240 B. Detached Garage 0 tt i} G. Accessory Siructure(s} 0 0 0 D. Paved,gravel or other hard surfaced area 0 2400 E. Porches/Decks 0 0 0 P. Cather(Le.boathouse,;;t�ndre:l<,rtr,.j 0 0 0 G.Total fon-Pen,neable [Add A-f J 0 2640 2640 H. Parcel Area [43,560 sq.ft./acre] 408,649 10 408,649 10 408,649 to I. Percentage of h>7perrneable,4rea of Site (1=G/HJ 0 0.16.'0 0.16% Setback Reouirements Area. Required Existing Proposed _Front[i] 30 0 30 Front(21 1d 0 30 Shoreline 75 Side Yard[1] 25 0 25 Side Yard[21 )5 0 Rear Yard[1] 0 () 30Rear Yard[2] 30 q 30 Travel Corridor 100 0 150 Sleight[rnax] 40 0 130 Permeability .;O% of'parking spaces 1 n 1 Site Plan P.hvlew Revised March 20,14 3 Tc;wn of Queensbury Planning Office.742 Buy Ruad•Queensbury,NY 12804 518-761-8220 Use Variance Revised June 2009 Additional Prosect Information N 1. Will the proposal require a Septic Variance from the Town Board of Health? __ Site Plan Review Application(Yencimrvj 2. If the parcel has previous approvals, list application number(s): - 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? NO ._.._..__-_____..._ TBD TBD(approxconstruction timeline =3 months) 4. Estimated project duration: Start Date _ _, End Gate 5_ Estimated total cost of project: $250.000.00 6. Total area of land disturbance for project: 9.147 60!7q ft The following information is needed by the Zoning Board of Appeals and reflects the criteria for granting a Use Variance. Please respond to each item; use additional sheets if needed: 1. The applicant cannot realize a reasonable return, provided that return is substantial as demonstrated by competent financial evidence, see attached Letter of Intent and attached materials 2. The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood. see attached Letter of Intent and attached materials 3. That the requested Use Variance, if granted will not alter the essential character of the neighborhood sce attached Letter of Intent and attached materials 4. That the alleged hardship has not been self created. `gee attached Letter of Intent and attached materials Please take note: ® Responses to items 1-4, above, must be provided for review by the Zoning Board of Appeals. • New York State Town Law 267-b requires that the Zoning Board of Appeals deny the variance -if any one, or more of the factors listed above is NOT PROVEN. 4 Town oI Queensb(o•Zoning Office-742 Bay Road•Queensbury,NY 12804•518-76'1-8238 Use Variance Revised June 2009 Submittal ofastarn2ed and signed SURVEY_MAP depicting existing and proposed conditions shall indude the items as noted below. A. GENERAL SHUWN OFd__-' SHi Ei Title,Harr r.,Addrr3s of aRp lcsnt Person iesponsible for prep:trdtl�n of diawtng p r 1 y 2 OLed 1'1 3 North arrow Tax Map ID date prepared and scale(minimum 11n =a0 fL) _ T 2 f3oundanea of the property plotted to scale zoning boundary _-__.__ .w_.___._.._ u._._-___ �_ 5 Pn tcfpal structures,accessory structursa/n0i exterior darrensrons T3-T,} i B rSke irnprovc-mentsroot{,ou Joor storage areas,d6veways,parking areas,etc.. existing R propor:ed T3-`4 7 Setbact�lar all stn,cture5 and;mptevamoni;: existfnq°proposed ']'I &Ta 9 F.It F'alinns an:i floor plans of ail prof as 3 and a"_ed sfruetures 'I 3-T 11 8. --- WATER 8i SEWER u� SHOWN ON SHEET A 1 ProJeci sevrge d svosal fadlities,design details,constnlchon details,clow rates,and numb_-'of bedrooms proposed N/A 2 FNater auPpiY(i.e.i+ Ilj a septic on r3jo,nrtx;(ts'vilh 5", radon dlstanrcs to ex slur ur pnip.si9d+err-_ fWwater supplyand.eetlG N/A 3 sepataiion cJ ciurcns for prapcscd sewage disposal system to well and water bodies. N/A a C IIT9 politic or prmat_watorssupply(MR,lake 6I J. Method of securing public or Private;valet,fiiwtlart,tl aign and N/A innsbucifonof, at r"Rupp_in,Iu'i it dally+valortsa4s ._-._._ 5 PercatMien test kicition and results N/A SHOWN ODS SFIEL:"T�` t Fiumber of spaces required far proiett induding calculations and justificai'wn: existing&proposed -Z mu,of a.r!q!N_j.arking seaxs number tube rzmovad,nurn_ber to maim.rn•tnd t c aF surfnctn ropie:rta(e.r., r_& vel;-.paved— N/A 3 Provision forpede,;tdan and hendkap acerss mid parking: existing&proposed Ta 4 OasFan dila%s of ingress,egress,kiaaing areas and rutting aidstlnct proposer! T3-T4 5 t,ocatlbn and charaofcter green area(existing and pifica roposedj,modtion to green arae,buffer zone to remain undisturbed T2-T3 6 lighting,location and design of all existing end proposed outdoor lighting _ N/A ADOITIONALSIT DEVELOPMENT AND MISCELLAKEOt S SHO+Nt{ON SHEET t � :n Ile'k adiacedt watercourses,streams,river;,take and wellands T^3c T3 J utilityItn r9y dlsftfbutton sysh:rn Igas,elector„Solar,te'06p neJ; extsting3 prapaned T2& C3 3 Location,deem Ind construction details of all exT,36g and proposed site Improvements including: drains;Culverts,retaining wails,fences,Gfn&emergency zones and hydrants,etc, T2-Tl 1 I 4 Square taotage-of-bidgr-area proposed for office, man ufaGuring�-retail sales or other commercial activnies•:---extsting-& proposed e Signage Location,size,type design and setback: exfsting F proposed T5 j ._.T _,_._-- v.._ _. _ _ —- f Wsiver Request provide letter vnth appilcatlon requestinrg nny warvetsi please raferancs sped c Items N/A q Carnmercial(Industtsi Deaeic meet requires sutunfssion of l ardscapi g, tosnwater Mona-—Grading&rLighUng Pians 1} h clan[i( of-Foder 1,.Slat,or Comity po.rrnits required for the fuciect togethervrith8 record of application for all necessary N/A i •I (aetrniLs 5 Town of Queensbury•Zoning Office-742 pay(load-Queensbury,P{Y 12804.518.761-8238 , zn-wx f- fax Map m P- Zoning Classification _MDR _------ __ 3. Table ufAllowed Uses wireless telecommunications facilitis subject tmwuePlan Review 4. Ordinance Section Chapter 179;Article 5&8 _ S. Pre-Submission Meeting Notes;Outstanding Items T"ovAddressed Include; Deed '^ Yes wo General Information nump|ete X Yes wo Site Development Data Complete _x—Ye" wn Setback Requirements Complete _x_Yau wo Additional Project Information Complete _X Yeo No ��uaour�uu�rTECLS-&F'£P?-cog uuoYou Na PAR Worksheet complete -ve* ---Nn Standards emu°m*v4 )� Yoo No ohouW|otoumoaudmuuou �n—Ynn ---Nu __- ��- sn�mnmenxupu�ovmn/vmd vno _._wo Signature Page completed '�-Yox No i��iice of Termination NQTJ Staff napmxuntaxvp Applicant/Agent: Date: omDian Review RevfsedMarch mm Tvvno/oueamumyPlanning Office-rmBay Road,Queensbury,mY 12804,518-761-8220 ~ Signature Page This page includes the 1.) Authorization to Act as Agent Form:2.) Engineering Fee Disclosure;3.)Authorization`or SHe Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and S,) Agreement to provide documentatlon required. Owriet°t's AGENY Foam; Complete the following if the OWNER of the property is riot the same as the applicant Owner: Kubricky Construction Corp Designates: New Cingular Wireless PCS, LLC("AT&T") As agent regarding: X Variance X Site Plan Subdivision, For Tax Map No.: 279 _ Section _1 —Block 48 Lot Creed Reference: 583 _Book 62-1 —Page 8115r74 , Date OWNER SIGNATURE: DATE: APPLICANY'S AGENT*FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party Owner: New Cingular Wireless PCS,LLC Designates; As agent regarding: Variance___Site Plan` Subdivision For Tax Map No.: Section _ Block �Lot Deed Reforonce: ------Look Page _^Date APPLICANT SIGNATURE: DATE: 2.} ENC�(jj ljlNG fni5GLCt�, { App6cauons may bo referred to'rte Town consulting engineer for review of septic design, storm dralnugo, otc, es deformined by the Zoning or Planning Department, t=eas for engineering review services wilt be charged directly to the applicant, Fees for engineerintt revievi will riot exceed,$i,000 without notification to the applicant a.) AWI RIZaIMEf R-5 U-i By signing.this page and submitting the application mateiiais attached herein,the Orrner, Applicmit, and fita/hOffi efr agent(s) hereby authorize the zoning Board or Planning Board and'1 own Staff to enter the subject properties for the purpose or reviewing the application submitted. 4.) 4TtiEiB P .' IES O S Qlll_ITIFS Other permits may he required for coristruction or alteration activity subsequent to approval by tate Zoning Brard or Planning hoard, It the applicant's responsiblity to obtain any addttimal permits. 5.) tFt>1JgL h�':ffd3{`WNUTQ;QISCLQ$JM it is the practice of rhe Community Development Department to have a designated stenographer tat,&record the proco,d"s of meetings resuRing from application,and minutes transcribed from those tapes constitutes the official record of all procoedings. 6.} tCiREktu1ENT,_TU_pRE?Vtp �7bCUPRE f 4tON RLQUWAM: I, the undersigned; have thoroughly read and understand the Instructions for submission and Rotel to the aubmisafon reyuirczinents,i acknowledge no construction aclivilies shall be commenced prior to issuance of a v9d peimit, I cartify, that the application, pilins and supporting materials are a MAP and complete statamentldcr criptlon of the existing conditions and the work proposK and that all work will be performed to accordance with the approved plana and in or fnrmancra with local zoning regulations. i sckwwtedga that prfor to occupying tho t€elfi les proposed,i or my agents,will obtain a cetillicate of occupancy as neca;c5ary, f also taxWis'tand that Vwa may bo raquired-to movfd8 an as-built survey-by a licensed land surveyor of all new'y rrnstructed facilities prior to issuarrCe of a cectiffCate,of occupancy I have react and agree to the above. re� oC51Lj t` ' ��y TAT s�'tfll�G h•( Cr%Vja, iY� n��/ 7��/,� is r ,>fgt `,runt Name(Appliran@ Datsigned David Ford -ryry S gnattt'I' ent). Print Name(Agent) Date lgned Site Plan Review Revised March 2014 9 'own of iQueensbury Plarinkty Office-742 gay Road•Queensbury,NY 12804.918-781-8220 Exhibit B Matket-Upstatc NY Cell Site Name:Qumsbuty East Fixed Asset Ntunber,10570444 OPTION AND LIGASE AOREEMNT THIS OPTION AND LEASE AGREEMENT ("Agreement"), dated as of the latter of the signatum dates below(the"Effective Date"), is entered into by Kubricky Construction�arp. (formerly known as John Kubricky and Sons, Inc.), a New York busiuess corpolatiocn,having a mailing address of 269 Mallard Road, Wilton,NY 12831 ("Landlord")and New Oingular Wireless PCS,LLC,a Delaware limited liability company, having a mailing address of 125SS Cingular Way,Suite 1300,.Alpharetta,CTA 30004("Tenant"), RACKGRODND Landlord owns or controls that certain plot,parcel or tract of land,together with,all rights and privileges arising to connection therewith, located at 13S9 Ridge Road, Queensbury, in the County of Curren, State of New York(collectively,the"Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion'of the Property in accordance with this Agreement. The parties agree as follows; I, OPTION TO IXA.S_M (a) Landlord grants to Tenant an option (the "Option')to lease a certain portion of the property containing approximately 10,000 square feet including the air space above such around space for the place rent of Tenant's Communication Facility as described on attached Exhibit I(the"Pre-mise-All), dcfineii-laelAvw aardor1.—tli�tzxxra AiaetnerlTnatat d�s _ _.. agents, engineers, surveyors and other representatives will have the right to enter upon the Propealy to inspect, examine,conduct soil borings,drainage testing,material sampling„radio frequency testing and other geological or engineering tests or studies of the Property(collectively,the"Tests"),to apply for and.obtain licenses,permits, approvals,or other relief required of or deemed,necessary or appropriate at Tenant's sole discretion for its use of the Premises and include,without limitation,applications for zoning variances,zoning ordinances,amendment., special use permits,and construction permits(collectively,the"Government Approvals"),initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on the Property that,in the opinion of Tenant, azo necessary in Tenant's sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of to Property for Tenant's Permitted Use, all at Tenant's sole cost and expense, Notwithstanding the foregoing„no application for any change in the zoning or Landlord's permitted use of the Property shall be made except on the prior written consent of the Landlord,which Landlord may withhold in its absolute discretion. Tenant will not b-- liable eliable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Terra,reasonable wear and tear and casualty not caused by Tenant or its agents,employees or repremutatives,excepted. In addition,as set forth in Section 4 herein, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all injury,loss,damage or claims,including reasonable attorney's fees,arising out of Tenant's Tests or any other use cc activity by Tenant or its agents,employees or representatives on or in coamectlon with the Property, (c) 11111111 IN 1111 MM tare ,�at,�� l um 3. TERM Mill MRSOMMEMOMMEM- MENNEW MEMEM EIMEM (a) Landlord atmos&at Tenant's ability In use the:Pt ices is contingent upon the suitability of the Premises and Property for =T'enant's Permitted Use and s'extant's ability to obtain and maintain all vie-�NI(j NY &A Um Av4` A 3 Government Approvals. Landlord authorizes Tenant to prepare, execute and file, at T'enant's sole cost and expense, all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant,at no additional cost to Landlord,with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the.Property surveyed by a surveyor of its choice,at T'enant's sole cost and expense. (c) Tenant may also perforce and obtain,at Tenant's sole cost and expense,soil borings,percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property,necessary to determine if Tenant's use of the Premises will be compatible with:Tenant's engineering specifications, system, design, operations or Government Approvals. Tenant shall provide Landlord with the results of these tests and reports, subject to Landlord's execution of a standard form of confidentiality agreement. 6. TERMINATION. OEM MENEM 7, INSURANCE. 111111111111 m v�ons-aae�a NY Qpfim&AL%m Avera 4 - - f MEMO= IN 01 1 12. ACCESS. At all times throughout the Term of this Agreement,and at no additional charge to Tenant, Tenant and its employees,agents,and subcontractors,will have twenty-four(24)hour per day,seven(7)day per 5 week pedestrian and vehicular access ("Access")to and over the property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any ____._.._..:.a._._.,utilities-serrri -.t�e:l�miseAs�-tray=besexibed:�n�sr�;fully-rtin--Eibit-�i;:�nrzdlcrd��rauts-to-.T'enant-an - __.._ ® easement for such access and Landlord agrees to provide to Tenant suchcodes, keys and other instruments necessary for such access at no additional cost to Tenant, Landlord acknowledges that in the event Tenant cannot access the premises, Tenant shall incur sipificant damage. If Landlord fails to provide the access granted by this Section 12, such failure shall be a default under this Agreement. Upon 'Tenant's request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant access to the Property substantially in the form attached as Exhibit 12,upon Tenant's request, and at Tenant's expense,Landlord shall execute additional letters during the Term, 13. REM[(}' &Lff E TQjR.A.T12N. IMM111111111111 =Minas= NONE Elm mammonism OEM EM IMINIM111111111 1111 1 111111 1111MMMMM 11 mljj�jjlj mill =owl 1 11111111111 1111 14. M& NTEN&MCE=1LffW-S. fa) OEM I I MA NY OP6"W LWO AgrW" 7 (c) Landlord hereby grants to any utility company providing utility services to Tenant an emement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, ashes, circuits, and conduits, associated equipment cabinets and such appurtenances thereto,as such utility companies may from titue to tune require m. order to provide such services to the Premises. Location and routing of such services and use of non4eased premises are subject to Landlord approval. Upon Tenant's or a utility company's request, Landlord will, execute a separate recordable easement evidencing this grant,at no cost to Landlord or the public utility. IS, kE.I+AULT AND RIGHT TO CURB. IMENIMENIEW OEM III IIIIII mom= INAMMIUMM111 mill WMEM MIMI III III mill 0111011111111111111 16 ASSIGNMENTISUB LE,S mi MKIMEw- MINOR I7. NOTICES. (a) WrAM 443.010 NY oplioa x�d4sev Ag�ceraart 8 TNl TT.NESS AVHE.I CEO,the:garties have caused this Agewmt to be.e ec-t-ive,as cifthd lest state• Wriltei?WOW ubrir k Con, 02'o fenncrt klay .as.Jah�sn By: Date.. - — "TENANT" Dy:A'r N6btlity-Cw6fati By Print,lVatate WWI, ------ JACXNOWL-EDGIVIENTS WEAR ON Tfft,NVKXT,�AO,�] '9•t�o�q A'Y 0�a aOL�a�i' a,cal 1'� THNA.N C ACKN 0 W LBDGEMBNT STA'T'E OF NE'h{YOU coul\vrY OF On the clay of in the Year �. Wore].:ES metho 0dersi ned,.p.wohaily app ar Ciai Weiss,personally knoWMD t�cir proved to ine owthe basis ufsatisbktory'evldeiteQ fd be tho,indiyldiisl whose name is subscribedto the Within instrument and acktio tleE0d to nye that he executed.the sante :in:his 3uth®it zed-. aPacity, aua that hy,:his "-n e I the ins tromentk the indlvddual,,or the person upon behalf of �. hich the individual acted,expt d ,.e struinent y W blic r Pri. ted_.Naine: CHRISTINE L.pRAQY ,r biota y Public,swa or Novi" y: oirimissititxPires:.aN � �:` _ llapapttatktn d'01Rh� 4i` 04allt16d to Qnond a Ccurth�. IYC®mmiaatanFAplim ,lily 1?.20)$ 'LANDLORD ACKNO'WLE[]CEMEN`f __ COUNTY OP Ort file aay of in the +ear before me, the undersigned, personally .4, Penrod: <pers ally known.to.m or pra�aed f a ine On the,basls of satisfactory, evidenee to be the inda�+ldtal(sj hash rlatiie(s} is tats)' uisctt6c t� thy, �tthilh, instrument acid ackAo),Jodged to jrte that :liedsh lthe} ecut®d t1iQ same,In h��lfi rlclreip 4p city4ta�, aid thi4t by I�ls herhh it ',"a tired(') o tli xnstrutrrenc, fife indi idual(s), or ft►e pexson ulZc�n iaeitr�if al Which. the -m&fdutil(sj 'acted, eeuted the illsU E y t �iiretit. ` � �— - St1�11NNf~lQl.DI~N AEG Natac .P@iic. I N srna� at®r�aa printed 14ame:2u mm"t 61, My Commission luxlalres: , vis a:�aia 14 PnA3» .: U-T,%3's�j3— AjmAim tam.: tiu4m¢A +a . k the /_57 iasete rr tr zarir grad seventy-four stat kt l CEPn43 Yt#RRTC -arab EaC�R @CY A, X09RICKY, his wife. av Math, presently residing at Et: D, 1. Hewitt Road, Town �. of oueenebur}, Warren County, Now York r 1 parties of the fErtt part, aanJ t � �10H t KUBRIC y SONS, INIC> a domestic corporation having its principal place of business at Bay street', Tem of Queonkabury, warren County, New York perm of the second part, WlaarasA4 that the parties of the Ariz pram,in ton4jdaraation of ONE AND O/100tha-.»..___.,__--_----m__...----'__-�Doflor 1.Do— lezv 41 rraarrey of the thd0d StatesAnd other good and valuable consideration aaad by the pssrt'yy of the seeeand part,do horsbY#rant and release auto t " part y oft second part, its heirs and a8aIgno frarstor,aU 'THAT T CT OR PARML OF LAND situate in the Town of Queer abury, Warren County Now York, bounded-and described as follows, BEGINNING at a point in the center of the highway leading frram. a lops,Falls to east takes Ceorget running thence weataar y along the southerly line of lands owned by John D. Hubbell to lands owned by John Moynihan; manning thence southerly along the easterly, side of lands owned by John �oyatksaaa to lands now or formerly owned by Daniel Cronin; running thence easterly:along tete northerly side of lands now or formerly owned by said Cronin to center of the above mentioned highway thence northerly along the center of said highway to the place of beginning. "a Excepting freers the above described promises a certain pieces of land conveyed by Henry B. Harris and wife: to the County of Na roan . d for highway purposes by deed dated September 15, 1430 and re- Carded in the Warren County Clark's Office on September ZZ. 1.530 -i in Book 184.of Deeds at page 347. BeIng ttxe same promiaes conveyed by Raobel Kubric y to Richard J. it3arictay and Dorothy . asbrieicy by dutd r3atet-r4r and recorded -in the Warren County'Clerk's Office ran in 200,X0,78 at page413. RM ESTATE STT .O Zoeg _ t - } Cowupr with the appsarteaaaraoes and aft the Mateand r6 fiats of Etas pram jos Of tho ftrat part inanoi to auld pre' os, a 4aut sub tO Wb the prernises herein frantod uFx to the part, ia8a vj the a &eoond part, their heirs and assigns faareaaer. saafd parties of the first part aovanant calftvRawsa Aral, That the par e of the seeond part r quietlyeonjo toad saaid premibost rTonh. That#aid parties of the first part e will forever the Utie to said preartm . 4trk That,im Colnpli4ncs with So*.'M of the Uen Law, the orantors caste i r000tuo the Consideration for thfar convoyanoe and will hDtd,tho riLfht to reaetve Ruth donsiderxtioaa as sa trzast to be appttad rot for the purpose of paz�siaz the east of, the h provement.and 4411 tppi the soma ftr�t to the payment ent of thiel#cast of the tmproraoar ent before using any/part of the total of the same for any other purpose. a ItUt4the part ies of the Arst part he ve hereunto got their hand a and seats the day and year just above written, o it t"ti 17 On't t , 45 Llday of August Warren Nineteen Hundred endSeventy-four_ before arra, the s bsoriber,petwenatiit appeared RICHARD J. KTJBRICKY AND DOROTHY A, KLTBRICXY to lase pMaaaaattyy knawn and known tome to be the same'pareses s aooribed in and Who OnOMW the tartthira Instraa✓ment, and t he y hiave acd=sr pude to me that they executed the,sante, taxy Public t to ar ytSkRk ri C"wwNEW Yfta 3Qai�B,.flUav§irt4, 0 Exhibit C Form APA 6 :2 January 1979 i. AI)TROtI &GK PARA. AGENCY post Office box.9A Ray drools, Nes York 12977 (518) 821-40SO _- rrA�`rl:l4lt,•��tk�Yhi`.1lw�t` nl Project No. 7�-215 �` aatilek8" �., Permit No P79 44 Dato of, Issuance Sept: 18, 1974 a PROJECT PER IT PURSUANT TO SECTION 000 OF THE ADIRONDACK PARK, A0NOT AC (ARTTC?Ti 21 Or, THE NEW YORk( STATD EXEC'IITTVH-LAW):-ANDISR QAC`ION S84«13 Oka AGENCY RulxsC AND REGULATIONS (2.NYCRR PART` SO4) 'WITH RTIEIt,Olt API ROYAL INCORPORATED BY RPPERnNCR y; I I, PERMIT, ISSUksD TO. Nana § Address of Project Sroosora Rame 6 Address of Authori''t 1(oprosmnbativot' k. John k(ubvickcy & Sons,^ L+ae, fid« L,H, Kubrj.aky', P:rea`. 237 Bay Street, 237 Bray Streot; . GIG-0% cells, NY '12801 Clests F`a s, NY 12401 IT. NAME AND LOCATION Or goOJgm' A. Natio of Pro ect< � kSacpansion Sao!'& Gxavol ltraezlai,fatt B« Lavation of'Projovtt Ftarrent ,queonsber's f K g t + III.` DESCRIPTION OF PROJRC`P: ; The Project is doscatibed in the attached okior^ All details ^a�onvUrrCing 4'' i the 'Project authorized by this FkTmit are Ontathad in tho prq att :file of the same number,ri the Adirondack Part A oncy h0a k vortwkio n. Ray, a IT�oYt'i Neap�ark. ` TY'« , AUTHOR TION« The projects. sponsor is hojeby authdrizcd tG. undorta,ko ti ten ave-nue erect rojgct in accordanbo with and pursuant t0 tho tor-as A axtd conditious.of e Agency Order attacha&Jhoretb and mado a part Itoro 1 of, and fihis pornit W4 void. In all rospa$ta if not attached heraO l THIS PIT SHALL EXPIRE WITHIN SIXTY,DAYS PROM;TUB pA"Ill' OKISSUANCE UNI«�SS PM IT SUCH`SIXTY-DAY PERIOD THE ORIGNAL PERMIT (WITH ATTACHE ORDER) •IS DULY RECORDED IN THH OFFIdE.OF THE CLE kt b! THE,,COUNTY WHERHIN TMS PROJECT IS TO BN LOCATED., IN ORDER FOR T146 P*1IT To AN��yyyRDCORDED IN THE COUNTY OLant'S OFFICE, 18H PROJECT SPONSOR MUST THNDAR TO TNH' COUNT`,CLURN THE OLLOWINCS.ERRS" PURSUANT TO GPLR SECTION;8021 AT THE TIMI OF RE ORDT90i ONE DOL AR ANO IN, ADDITION THERRTo TIWU,DOLLARS POLI HACH,PAGE OR PORTION , V A %CAGE OF TAI$ PERMIT AND ANY A'T;AC"KH0TS HERETO, "TI#IAT,, AL OP'THA P AM "t`'WILL AD UtURNNSP TO THE PROJECT SPUNSA 'k1Y T E OOk#N A « D yootoi of 0pp tai dna STKrE.OF HEW YORK) APROND AC,X PAIklC AGENCY r COUNTY OF ESSEX � t _ On this 19th day,of Smpt«, 1073r IkO�ore ut0, flim subscribori personally appeased, Edturkd 3s« AFalaake, ',to do Personally Anown a;rad Rtaotan to me to be the^sAmo parson described in^and`uh0 0x00utQ4 the,140tin instrumotst, and, 4, he acknowledged to me that 46 oxecuAad the A sti , f PUI@�(tt A�ffi'y�r`b tt,,a ' } ,. Iq p4N(td 1�"ppgiHyt`qRY@ Y'ptA , ArA VaanU�S 1."979 ApNoual by Dlreator of ' F cagexatianc of Po3eots r i ^ STAIh QT N Id Xptll£ ,. l i Ii zcux Ia133AIi AIfiN'P ADIRCIt�I2ACF PA4? AgPaNF/Y d In the hatter of aha App7.ioation f : l'ohn Kubkicky & Saner Inc, �. 337 Day Stvaeh 'Glens Falls, tY M01 ' Project Sponsar(a)rt For a Permit Pursuant to section ,803.. at the Adirondack Park Aat,anoy Aon. x An abplica:tion having been'AAii'i on 4tna 21,'..1,979..by"tho' tt `, project sponeor(a) ;far approvil of,, and iaauance of an Adirondaak :Parte i 4 Agency .permit autharieing,^a,0laaan kfogional prajee vqandistins or the expansion by imor a than 3 of an, a iatitt °'.eat of d1 astad tared:gzavalr,`' . axteaewtialn located` iw apt,d as alaa•ePiea,as Hadorata Intensity use ont the`:'' i okficial Adinondeok Park 'C nd line and Daanaldpvant p1a'j'tiaia t and the Agenay having on' , 3ta1y Iia 1379 notifick thi pr63aat sponsor(a) that, the'application, and skh additional itaioxmdtian as'it' P required was oamp.lute, .anad,,AIA "l`eme.�,ly riaq+aired IloGioLs cad Ap$aliaatRon aomplltion having been`duly provided and timely- opportunity, to'aotznant on the proja,ot having bossy afforded A11 thoe& 1earilayE eptitla�d tYiorutor^,::^''xN , axed the appli.da tion having iagularlp acmw'an for caarrs:$dsratiara before the', Aganoy a a Diractor or 0004tions puna:ufaitt to the autha itya dei,oted to „s him.by a resolution of the Affianoy dated..'Noy%mlaexp 2t, 197,5, and:(aursuanb to Sectioq 803of than Adi"r°andgok faarM! Agency Ott annd�tha Agency hpviniy'' a received advisory ooruruants regarding the ,pxroj'aot asf" llows2, A hely,30, 1970 letter frong th tf" n utnty? planet a G^ 5 NbW, upon. she appliation and all materials rl_ated t2iAa°oto ` c; aantainad in the pro aab appl.ioation rilaaa snd due de.�Lba�ratipn having a a bean had thereupon,, the following findings of f`aat ares,.hereby Asda ansa 41 adopted, } + , • x.vw;,n,wWnw.,y. t< NDUE -S ML r1kGT � J, Thea project aponsorr pr:opouatu to expand an existing sadd and, t; i elria *l. ere't raotione looatrad on the wast .,ides of NY$ Route 9M (Udale Road)".,in the Town of Que*nsbury P Warven Gonnty, in lira, �raa 0,4480X:04 as goda),ate lntgnsit-y ude vn thc- Offiela:l { a Adirondack Park Sand Use and,Development Plan Hap, The site, t k , is IQ+ aures in slam. 'a1he existing ;disturbed.. sufard area as �a � Vl of hu Ast l,+ iMt is .,3+ aares. Th6 profkat sponsor p OOaska to disturb an, additional""7 acres, for at total of C aa6res, or'rno.a* that► 15'a of arcaa previously distu;baad, The project ' sponsor will kro *actraotinal apx+aac3.a+ately 1501000 ouk3a yards ; w, of sand 'and gravel, 'rho prpp*sed operation will be 7:0o a.m, to, 5e00 p.m. Monday a� tltr:u rr.lday`during thea period front July to;,Soptembet. the operation will inv*lvo an astimated 5, truck trips par..,daya 3., fugitive dude will be ar uak,plled I& ooverarii g'•the trucks when than loaft aro above thm ,side boards and by Utilizing water~,tr"ue7 m on site, ' aA. The ppra-ojoxt :O; nsore•proposed to minitcaiaa the visual impact by r%taining a 90a strip of Vagetation along:the piop*rty lines., in addition the existing vogetatod baaxot batwean the site arld f y 'Row York Routo 9b will tae maintained. S. Site raellaxnatiotta du 8116Nrn oil a map entitled, "Roolamati.on plan ' Map, John Xubrickr a sons," dated, June lP '1.p79, submitted with thm,Project aolalioationa is' proposed to inoludot a� strippin, .of top ooill from the distui; ed area,and steak „ pilinal i for uaw in raolamaLion, t a � r b) rsgra(l# thm face of st®'pad'tao 1a_1,5 o) bring the mina'floor to the same aalolehti$n as 1 iClge+Sonat ! (9ew York acute**91a) a d) lime and kartiUaor will be aleph** Vit" the approximate ` of t* of 40 pounds df nitrogen and 40 spounds of phosphous and, 40 pound# bf potash per acroi a ` ? a) s#mdinga Ons r commend*d.by Cooperative# Sxtill,snsiOnt wbe {; A 0 g:pounp of timothy and 5-0:y aundaeof Brom* grass per, acre. "kae owner of 'Record of the andm 'i.nvoiveo is John Kub�rioky Aad, ; #" Sons.e xno. x� "T. 'fi'tm lands ,involved in the iarojn5st are d*pakib*d, in a dead dated 7tuguat 1S a "14 from Richard J. Xubri.eky,,and Dorothy`A. Mf brickyy,` e { tea ,john Xubrio and Soon ilio. Reooard- odl i.n the Warren count; Clor'kxaa O fiom in`Ubsit 543 at Page 621, . h xe +arm no:strebms. pbnds, lade*a or taetlands wittrin 500 feet 9`.` plan'seta adjoins M*r�t York 'Rout* 9b. The_ mates in they area of t, the project alto include rrosidential u# ' ', n.stote,r thy$ puoori#" < # , bury land fill ihd other sand Ond gravest pita,, "� ., a, .r� F •l.�yy r 4 ti, r�'d` ,� i +.t f ,� C"h r. �' �'�.„� • t o , a r . .l d , • �i v �,J.aw't1a ` t l ]tkl"fe1iID3(,A,taiTtl" CONST 1RtCt 4th above Eist'dirirp or ,ra.0, tlik R"nhlOwint� 4 rioxaal s 4crnp or law oxte hareby mta.de ar d adapted a 'The 'proj%aat would be oonaiatant with the; Plan, Mid acimpa,tible ''w1th that` eha,r+aoter dedaription and taux100ecm, p911eiee end of, :the Akvid uaetk •area, involvad, The WaJOW1400d be 0onai4t@nt with.the overall 3;nteuoity guideii4ea , ti ror the,,laxid un4 wren in which' It in loobt6d w � 'ttae pro,Jeot aaoUld 0omply with tho\applioable mhore;llti4 iqeotxiot.otta`or y Seotion 006 of the Adirondaak Vark Ap�anoy Aot n f fit, r`9`lxe o rrtt ar t#aa,d viat' have ax�,Vtrduo aidvora4 lmpaot;"purauant. to 4 ,1 . eotion 809 10}(0) of Clad Ad ror�daoirl'r&rk Sonay Ao dv \ V • ' 4 ' it 1 " C" ' STOW, THMPORSt., upop all'of the i'or0goinp,pvj�#1 arch to this,arord- 'i6'43 ' ; e� gt;deleetion or 'aEuti�arity rarid�"`pux}#au�cX.C,to T3eob�.on A'�03 caR' the A�kAroxidmbTC''',`=i`,`'' f "'ParXe Agonoy Aot, it 1 t_ ORDERED$,that,, eat to"th b # 0r � 1 xi b� a �" rq�oin0a the pr�,�aot'iaaia.pprovod, ty , and`it i0 tV f rm� «�'w�%"""^"—"�"'"_'"°"' b.a. .,.�,�,t,. ...�.. `".�".",°" ,. '"ti"2"+9•` ,ram<, w.,,.,t F ,� , }} \ c 4k Ik,g f t t• " V An a SJ >r t.b t ', w ion f 4 N `PuBulm ORDBrNl " thiL a permit be iSataed o.oa�tai;ning and 60joot to Y the follcw#ss. eonditlona». ` r 5 : I. This permit.wathoriases the expansion of,t ha cowtva-ri i.al sand and � < gravel extraction desrri&ad in the Project Sponsor's applJ?ation and the Findings of Fact cont0:in*d heraa�! 2!• The. sponaor,shall undortake the project in accordance with the µ, informations and plans x0mittgd with h,is.'ApltcOion fear Pr©jkdt. pekmit. further axaansiian at d stiarlaad,siir'face j artad shall iad suhleot to prior Ac nc'y rtViom and,approval. L The harm '41oug`Naw. York..Route 4% shall h9 maintalined. 4,« The reoliMAtlou pian ast dascriked herein hall keen undertaken withitl one graving sc4sota•alter Lha.oamOlgt3,ot1 of the operation. U addition to,the'reclamation plans described in iftrtdiug of Fact No. S, tiie side slopes uhall note end is ! , S* Ntithira 15 days of the completion of the'aai It o realwati ch work, the pxojeot sVansor shall give 'writtesi notice'to than Dirgator of Oparati.ona of than Adirondack park Agency informing hi;m that wand 5reclaanatlon W§rk has b%en,c�amPleted.' w . € ' 61t' x. 3 " iPo n1 iN 4bntai aad in :h'M etre 'x !!hall 'be aonseru#dl?o sutlt7x an t :r,a? obii;caciOna o Cho, pr-Not :,pon4orGo1 to ubcaln any Rcva :ncaµal approval or nar:ait from an/ �nc:Cy ath�ar' than the Ad ondavk Park.Ager"cy, tshether redcral., state, regional, or 1pea-1 { if the,' 'pMJ uct aGiahcrtted hevepy is riot, in existenae withlri;;.ao �, € ciao da-.,a of recordation her!ox,, the t,r'odeot ma!p net t cha af4er ke under ken or continued unigss a nate ap}ler�akal and t t pe_:514 is scue;ht from by the, Adirondack;Parlc AS 7cy.. Ali aatIvitias In.connection with .Cho pro4e'at aAOIO�innd hereby �_� `^� M meat con?.ly with aix applicable 'shorellna restrictions contained in SGcwion SOS of the Adirondaok pmrk,Agency Att•, Unless `Ciao proje+at• authoriaod hereby 1s sut)aot to the subdivision' h review and'approval ,ur .dia•tio[i-o£ the Now J'oric Stata Dapsrtmortb of Hes1t l or a docn»y lleparctnent of itoo7Ch; all erymite`smwa'gm disposal systems shall oonOrm bd the sto,nc4rds set;fprth it, M a,sta•'1"-aatment Handbook, Individual Fousehold .Sys�amd," and ' all. doaesti4 water supply systems shall conform to tha stdadarda� met forth in."Ruril,Nater Supply,'' bgth`boing publleabicns of the^Naw 'York State,@apartment of'Haalth, The Adirondack Park Agency, its staff and'&Cants"mw conduct ` auch on-site Investigations, examinations, testa' an av&luatians from tlmo-td,:-timo as it d"eema necassaty to ensure camplijaitaer 1 with the terms and conditions hereof., t unless approved by' the Agency in advarioas, any deviatlotn Praia the ti terms and conditions heme'of shall render this parmih null and Vold, resoinding ail autinori'uationo undertake or, continue the pro,jaat. At the request at the'Ad'irondack'Park Aganay`, the projo.0 sponsorCsl shall report,in writing, the atatus of °tho'pro,aat, including details of compliance with any farms and conditions hereof, Thu tef;ms and conditions hereof shall bd binding,upon the heirs, �. subnassors•, personal reprosantativas and, asaidns off' the y a,lcot. sponsgr[s!, the exardis'e df any and all; rights am&nati,ng Or l deriving from this permit by the project sponsor[al 'er by any transfel-W-Or any right, or rights shall be subGot to the pea-formance;of all related., affirmative obligaons i'mposad heraby` Any future land use or dov4lopmont or, d'ubdi9'ision of;land upon r the project site not expressly adthorised hereby m&y;be subjaat 1 r to the independent Adirondaak .fart Agency review andffle in no ryespsot authori;ad by this parfait, No advert is;ament 'or other promoteton foxy the project Aaithoriged.` hatd47 shall mistepz&sent the farms or conditi'ons, of,•approval r ` contained herein, nor shall: any, adVertisomont or other promotion.^ ` c+. contain any false, or misleading statement or any•mator*a.l `Y aW ssion with respect to the Germs and conditions hereof. p Yyy ApSiitJ ;PARX AG NUOY ` By Rdmund Ar hynoiw oir ate Qoor 'L 8fi s OftbER issued`this. 1;8th day at Ray Brook, Nawr Yar»k. ° g'• , •�' '�L:�p+OMffi4,, --+.w'sW`.'^y^°.p. .^..,..,... r�Y�o-, 'u,�w.� w�,n ._ �rw'wY�.'"n'�4 ia`.k 4 9'r.,f t"'r?.4& ," nN k } h"),r xttx t 2 vt o�� e r ' . 't 'r ..x r'r '•� t a',,..h ,3,f..F^� ��le�..:r^....`•¢.t�. er,' .., a E xhibit D at&t,, NETWORK ENGINEERING 1762 CENTRAL AVE ALBANY, NEW YORK 12205 SIR Item 4.0-FCC Licensed Service Area Man AT&T holds FCC licenses to provide wireless telecommunications services across all of Adirondack Park, inclusive of those portions of the following counties within the "blue line": Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, St. Lawrence, Warren and Washington. The map below depicts AT&T's four cellular (850 MHz) licenses within Adirondack Park. (AT&T also holds licenses for PCS (1900 MHz), 700 MHz, Advanced Wireless Services (AWS), and Wireless Communication Service(WCS)covering the APA). 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U °€„rn g6s s� � �oa< N § ° LL, gig MOO, zs v �fg, ha"a s <r as NO , na ga � „w s ws o sw o sw � �wg6 .e °Ip€°$w, AI �ggLL c�N= �Na�2 _ ion o P wg o�w °$g p\ i= odo g v _ is=6 == t ww:s saww ` m w -6 a g � Hw - mo o &i`_".E OU €., 's_ps° �, "gra `w"''ag w a�m ¢ °sps o`x'o-w" o�aw z� s�LL�>�flip �o ai°;< °��'� »a�a �eas�� waw e m v y o€ p s .-sgsg $fi`"' sod �gsg HUM, LL =" oo as ” sg 30 0" mLLws �a w °�°6� s oras _ ="48 � a= � °� 3o "a. �� € =`soy p=s= is g s s, a<» ws a = sn �..° °� �w aw �N gsw �w - €�s ��_ ��, .�d =s� ��_ ws< o� Sao Exhibit F NETWORK ENGINEERING 1762 CENTRAL AV ALBANY, NEWYORK 12205 SITE JUSTIFICATION QUEENSBURY EAST TOWN OF QUEENSBURY,WARREN COUNTY, N Y K AT&T proposes to install a wireless communications facility("cell site")on the proposed 130' monopole to be located at 1359 Ridge Road, in the town of Queensbury,Warren County, New York.The site we will call "Queensbury East" is specifically designed and ideally situated to improve AT&T's in-car coverage along NYS Route 9L, NYS 149, CR 7 and to provide in-building coverage to the surrounding residential neighborhoods along Moon Hill Rd and Sunnyside Rd and the Queensbury Country Club golf course.The major objective of the Queensbury East site is to fill the in-car coverage hole between existing Queensbury&Fort Ann AT&T sites along NYS 149. The secondary objective of this proposed site Is to extend the connecting coverage north on NYS 9L Ridge Rd and CR 7 Ray Road connecting with our Pilot Knob site at Lake George's Dunham, Harris,and Warner Rays. Additionally,this site will serve to significantly offload far away traffic/customers presently served by our Glens Falls site atop the Cronin High Rise near the Clens Falls Civic Center.. The 3G network(AMTS 850 MHz) radio frequency(RF)predicted signal propagations included herein depict the existing and proposed future coverage at varying signal strength thresholds represented in levels from -75 dBm to-95 dBm. Sufficient service levels are those consistent signal strengths required in order make and maintain good audio and data speeds. These set levels prevent failed access or origination call attempts, as well as prevent frequent dropped calls, lost data sessions and/or poor or garbled audio conditions. The existing coverage levels(Exhibit 3)for the majority of the residential areas to be served by the Queensbury East site are presently near or below the-95 dBm threshold which will result in no service conditions while in-building due to additional signal losses from penetrating typical wood construction houses. Signal strength of-85 dBm or greater its required to maintain consistent and adequate service inside residential construction. Similarly,the intermittent-95 dBm signal levels serving the northern section of the Town of Queensbury, along Route 149 and 9L, are not adequate to sufficiently penetrate commercial construction consisting of block, masonry brick, and metal sheathing. Signal thresholds of-75 dBm and better are necessary to reliably penetrate these buildings. (Dote, the lower the number, the stronger the signal.) Additionally,areas of County Road 7 and Lake Sunnyside have signal levels as weak as-95 d8m and are historically troublesome to AT&T users experiencing call drops,particularly during summer months due to the heavily wooded areas and Intervening terrain. Wireless communications technology is essentially a line-of-sight technology. As such, wireless communications antennas must "see" the area to be served. Topography, vegetation and human-made improvements obstruct a wireless telecommunications signal, thereby limiting the height and location where the facilities and antennas may be installed to overcome such obstructions. The surrounding tree canopy in the immediate vicinity of the proposed tower have AMSL of 596. The proposed location with an antenna height of 126' and AMSL of 611' provides sufficient coverage along Route 149 and Route 9L plus provides better coverage for subscribers in the Town of Queensbury(Exhibit 5). The radiation center of 126' allows antenna height to be just above tree line and hence provide much better transmission of radio signals by providing less signal loss. (See AT&T Propagation Study, Pages 2-3). The SBA tower located at 22 Westcott Rd and Vox tower located off State Route 149 does need meet the coverage objectives stated above. Propagation study analyses for these towers are represented in Exhibits 6 and 7.All RF predictions in this study were calculated using Forsk's Atoll software which provides the plots and data to show the proposed location is the best location. The Atoll radio planning tool is employed to predict receive signal levels based on path loss predictions via a standard propagation model (SPM), tuned/calibrated using continuous wave (CW) transmitters, considering the new sites' specific morphology type(urban, suburban, rural) and clutter or RF obstacles types (building height, density,trees,etc shown in Exhibit 1)and nearby terrain (flat, hilly, mountainous). The studies included herein were using the suburban morphology model. Lastly,in reviewing our customer locations and customer reported troubles there are greater concentrations of each in the coverage footprint provided by this proposed site. Thus,in order to provide robust wireless services achieving data speeds necessary to deliver the web,video, and social content applications smart phone users and increasingly remote workers are requiring In the vicinity of this northeast area of the Town of Queensbury,AT&T is applying to Install a wireless facility to be collocated on the proposed monopole located at 1359 Ridge Road, An AT&T cell site at tills location with antennas at 126' on the proposed tower will meet,to the fullest extent practicable,the required coverage objectives for this area. Upon completion,AT&T`s communications facility will enhance the public welfare in the Town of Queensbury and surrounding areas by providing residents, government, businesses, and the travelling public with a modern, more efficient system of communications for police, fire and other emergency or non-emergency use. Rasesh Shah Radio Frequency(RF)Design Engineer AT8tT Mobility Dated:July 9,2014 List of ExhlW_4 Exhibit 1:Clutter/morphology types. Exhibit 2:Terrain Exhibit 3:Existing Coverage in and around town of Queensbury Exhibit 4:Planned Coverage with Hudson Falls and Route 9 NSB's Exhibit 5:Proposed Coverage with Queensbury East NSB Exhibit 6:Coverage with SBA tower at 22 Westcott Lane Exhibit 7:Coverage with Vox Tower at State Route 149 I� M Qif- Ii a � {{^^ TSI �I � Ipir w �" M1 I �G i v' d ,. _.,_....w_ .__..._.,..._ _., ...._..._., ..._................... _m_ ,--- .... _- ...._----- _.._...._ ------- { i � II ' A } l'`, uj: I cn } rc CL � LL s < r J r 7 !' LU Y WA - U3 � { iw- W,.. 4rJ+`.,A " W ,72 Up�7 C"U ver _ LU 0- m ° L < LVtU) 0-: .,..._.,.._..........._._..,_..._.-.,..,.,...-_,..,..................,..,___,_,....,.,.._.,,_.....,.... .._.,....._... .,.,...,.,..._.. ...._.......,. ...._,.._.,.._.__,,.,,_._.._ _._ .. --- ----------- ._...__.....,.....m..,..... 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E $ Ori If �'Uj✓��/��N,�i�� 7 ' ... f � S � w i w S 21 �� II it l i P,E'.1�lrl 8Ln Yin/ r i w � ..mow ,� m ria to ,. w 'w i FM'f;,V i I 4G .1i7 43-11333 rr 49 " r �l�,i �, �,� i l� /✓i/f/f r x� / I�'��li%'��i �i��rx rr / A-41,111, low /�j��//� r� /,/%/i/ �1//i /// ✓ � "y� r�' or �/rU /i /i%/ /� °r� i r E P t u re I �'�r ` a s l k ryy Ln All .�d v� uW ,.�4: � x EE a '�,, � �"w�' < e � ��°�✓- � �„ �� ; .'< ;,, .,, ,,`,,n �`.•` -�.._ ��, �//%��i//./, rod , €V 9 GV EV EF FF-EV Exhibit G August 23,2-114 Adirot-sclack.Park Agency P.O.BOX 99 Ray Btwjl,NUw York 12977 Town of Qu casbury Plarnming Board and Zoning-Board of Appeals 72 Baby ltoad Queen bury,New York 12004 Applicant: New Cingular Wireless PCS,LLC Propeq,Address: 1359 Ridge Road,Queensbury,NY Assessor ID:279,149 Ro: Alternative Site Analysis To Whom It Miry Concern: The uridersigned hereby states the following in support of the application by New Cingular Wirele-,;s .PCS, LLC (:`AT&T") to construct and operate a wireless communications facility ("FacilUy')at: l 359 Ridge Road in the Town of Queensbury("Site"). L My--bane is Paul Reed and I am a Site Acquisition Specialist for Centerline Conyr.tttnications LLC("Centerline"),which has been retained by AT&T to provide services for the purpose of obtaining approvals,leases,and licenses as well as perfortmring other site acquisition and development tasks involved in building and installing wireless communication facilities. I have perforimied,and am performing, such services in connection with.AT&T's proposed wireless communications Facility located at the Site. 2. .i have lrarticipated,through my present and past employment,in the development of many similar facilities,including wireless communication facilities such as the Facility proposed for the Site. I have personally visited the Site and the area surrounding the Site oa numerous occasions. I submit this affidavit based on my personal knowledge of the Site and the surrounding area.and-based on my professional experience in.the development of'wireless communication facilities. 3. :In time wireless telecommunications industry,a search ring;area is a general geographical location where the installation of a wireless facility would address the identified coverage need and/or capacity problem,while still allowing for orderly integration oftlie site into AT&T's network based onthe radio frequency(RF) engineering criteria of hand-off,frequency reuse and interference, The search ring idontilied for this project is south of the intersection of Route 149 and Route 9L,near the outsance to the former landfill and south along Ridge Road and Jenkinsville Road: 'l ie coverage objective is to improve AT&T's in-car coverage along Route 9L,Route 149,Cr,7(Bay Road)and to provide in building coverage to the surroundin {a0174e422) Page 2 August 23,2014 1`t4iderrl.ial neighborhoods,such as those along Moon Hill Road,Sunnyside Road and ,iroul-id.the Queensbury Golf Course. however,the major objective of the Site is to lilt Me in-car coverage hole between existing Queensbury and Fort Ann AT c&T sites along Route 149. The Site will also extend the connecting coverage north along Route 911 and CR 7,connecting with the AT&T Pilot Knob site at Lake George's Dunham, Ffarris and Warner Bays. 4. hart of my site acquisition and development duties includes identifying potential candidates withinthe search area identified by AT&T's radio frequency experts. The aaididate identification process includes reviewing the applicable zoning ordinance to idctrtify areas within which the proposed use is allowed. According to the Town of Queet►slnny Zoning Ordinance,a wireless telecommunications facility is not perniitted in the MDR('Moderate Density Residential)district and a Use Variance is f:eclr.;irctL however,the Kubricky property is commercial in nature and is a former travel mine, YkIso,there are other gravel mimes and a former landfill in close proxinl.ity to the Kubricky property. Viable candidates consist of existing structures of su:t icient height from which an antenna installation can provide sufficient coverage,or Iacking such a structure,parcels located within the narrowly defined search area upon which a tower may be constructed to a sufficient height. In order to be viable,a candidate must provide adequate coverage to the significant gap in AT&T's network. lii addition,all viable candidates must have a willing landowner with whom coxnf»ercially reasonable lease terms may be negotiated. Preference is given to exisfiing structures and locations that comply with local zoning ordinances. In the event no viable candidates are determined to be located within such areas.I work to identify other potentially suitable locations. 5. Iia connection with the proposed Facility at the,Site,Centerline has provided site accIttisition services,including researching the area,identifying potential alternative candidates,and leasing the property at 1359 Ridge Road,Queensbury,NY. During our search,two existing telecommunication towers;which are outside of the search area,were identified for consideration: 1, Patnal Broadcasting(a;k,a.Vox Communications)tower on Route 149(1.7 miles cast of the intersection of Route 9 and Route 149). 2. 9RA tower at 22 Wescott Lane in Patten Mills,NSA. Both tower locations were evaluated and ruled out AT&T's radio engineers as they did not satisfy AT&T's coverage objective for the search area(see attached RF Plots- SBA Tower and Vox Tower). There were no other suitable existing towers or structures present widMn the search area. The Queensbury Zoning Ordinance restricts the development of telecommunication towws to the CLI and the III zoning districts. I lowever,the nearest property that has either of these designations is near the Glens Falls Airport over 2.5 miles south of the proposed location. Clearly,this area is outside;of AT&T's search area and a facility located here:would not satisfy AT&T's coverage objective(see attached RF Plot-Hypothetical Location along Hicks Road). o Page 3 August 23,2014 I.lavuag exhausted all of the potential existing structures in the general area,new tower build sot utions were pursued. The Kubrieky property was identified.as the prime candidate. The property sits along a natural ridge and has excellent natural screening to ffic noLffih by an existing tree line,which sits atop a twenty five foot ridge. There is 1leavy trite cover to the west and south of the property as well. To the east,AT&T is .1roposing to provide landscaping to screen the site from the road. Also the site regn ires minimal disturbance as it is flat,no clearing will be required and a new access road wilt not be needed. South of the proposed location along Ridge Road,the topography drops off sharply,losing significant elevation. To the north of the site,the topograr)hy drops off and the natural screening would be last. Also further north on Ridge V.oad beyond the intersection of Route 149 there are residential dwellings. Thus,t1je Site is the bestlocation for AT&T's Facility due to its willing land owner, the coni(?ercial nature of the area and surrounding properties,the screening around the parcel and,most importantly,its ability to meet the RF coverage requirements for A'1'&T'.s wireless network identified by AT&T's RF Engineers(see attached RF Plot --Proposed coverage with Queensbury East NSB). 001or than the SBA and Vox towers that were ruled out by AT&T's radio engineers, tlif;lCiabdcky property was the only property considered for the development of the f7acflity. The property has excellent screening,no residential neighbors,a willing J�wldlord and the location satisfies AT&T's coverage objective.Also,the site has been used as a gravel mine and the irnpacts of AT&T's installation will be minimal. No cleariaig will be required and a new access road will not be needed. 1:'he pr-)posed monopole design is a sleek tower design that takes up a minimal amount of property to achieve the desired height. A lattice tower would require three legs and require a larger foot print. A guyed tower would require guy anchors to be placed outside of the lease.area and encumber additional ground space. A camouflaged tower (simulated tree)and antenna coloration is unnecessary due to the excellent screening that the site provides. 6. Based on my review of the zoning ordinance,my personal knowledge of the area,and the xraput provided by AT&T's radio frequency expert,the proposed Site is the best available and least intrusive alternative to provide adequate coverage to this significant gyap in AT&T's network coverage in the Town of Queensbury. Sirzcerilyr, ¢ P P e Autho ized.Agent to New-CingularWireless PCS,LLC("AT&T") Exhibit I I VISION Engineering CIVIL-- S"I' UCTURAL- MUNICIPAL. RN IR N EN S AL i------ VISUAL ANALYSISIMPACT ASSESSMENT REPORT PREPARED FOR New Cin ular Wireless, PCS, LLC (AT&T) 1 Bridge Street East Syracuse, NY 13057 FOR THE PROPOSED 130 FT MONOPOLE TELECOMMUNICATION TOWER LOCATED AT: Property of John Kubricky & Sons 1359 Ridge Road Queensbury, NY 12804 County of Warren 1 Maio r - r e i6rAa i 01 vwyC,h 0 BY: VISION n ineerin , LLC 16 Pearl Street, Suite 200 Glens Falls, NY 12301 October 2, 2014 — -- 16 Pearl;street-Suite 200 Glens Falls,NY-12801 -P:618,792M64-F-.518.792,9282 �. m,visiorieng rii erriru .or VISION Engineering CIVIL,, STRUCTURAL- MUNICIPAL« ENVIRONMENTAL /ti Ci= New Cingular Wireless PCS, LLC 5841 Bridge Street Cast Syracuse, NY 13057 RE: Visual Assessment and Impact Study Proposed 130 ft Monopole Tower at 1359 Ridge Road, Que ensbury, NY 12804 VISION Engineering, LLC was retained to prepare a Visual Analysis and Impact Assessment Report for the above project as it relates to the proposed un-manned 130 ft tall monopole telecommunications tower in the Town of Queensbury, NY. The primary objective of this study is to assess the potential and degree of visual impacts the proposed tower has on the surrounding area, including the Adirondack Park, and nearby resources deemed to be both important and essential to the character of the local and regional community. This report summarizes our analysis procedures, provides data related to local resources and visual receptors effected by the tower, and provides technical information which supports the results and findings of this report. The analysis and reporting generally follows the requirements specified in the following documents; - Adirondack Park Agency Visual Analysis Methodology - NYSDEC Assessing and Mitigating Visual Impacts - NYSDOS Planning and Design Manual for the Review of Applications for Wireless Telecommunication Facilities Location The project site is located at 1359 Ridge Road, Queensbury NY 12804. It is located in Warren County and is also within the Adirondack Park (APA). The parcel tax map identification is 279.-1-48 and the total parcel area consists of approximately 9.39 acres. The project site is an existing borrow pit currently being reclaimed by filling with clean fill.. The site is generally shielded to the north, west, and south by vegetation and forested areas, with Ridge Road abutting the east property line. The access to the site is from an existing gated gravel entrance off Ridge Road just south of its intersection with Jenkinsville Road. The site consists of steep embankments creating a bowl-like condition from previous mining activities. Only a portion of the site has been reclaimed this far by filling, which is the north- eastern portion of the site where the proposed monopole tower is planned for construction. The project consists of construction of an unmanned 130 ft. tall monopole telecommunications tower with a fenced utility compound proposed at its base to support the facility's needs. The proposed lease area at the base of the tower is approximately 100 feet x 100 feet, to include an access easement from the existing entrance at Ridge Road to the proposed lease area and tower. The location of the fenced compound is recessed back on the property approximately 875 feet from the entrance and edge of Ridge Road and is located along the bottom of an existing embankment near the north property line. The area in close proximity to the project site consists of a mixture of land uses including, but not limited to; rural residential housing, a Town recycling center and transfer station, mining operations and borrow pits, recreational parks and a public golf course, and commercial facilities such as small convenient stores, a gardening center, gas stations, and restaurants. Due to the mountainous terrain, the area is scattered with undulating hills and valleys, with few travel corridors or main highways in the immediate area adjacent to the tower site other than; Ridge Road which travels N-S along the eastern 16 PL-ad Sleet-suite 200®Gns le � Ydr ° aHs, a�ra� x: "16.792.9264 � :6'18.792.9282 ri "' property line, and State Route 149 which travels E-W to the north of the site. There are also less- commonly traveled local roads nearby to the east of the project site. Analysis Process The visual impact assessment consists of several objectives and components in order to ascertain the relative significance of the proposed 130 foot tall telecommunication tower on the surrounding area, including the Adirondack Park, and nearby resources from a visual perspective. Below is a generalized list of tasks which aid in such study of the tower's visual impact; - Identify important or sensitive areas in the locality that might be effected by the proposed tower in terms of visibility and negative impact on the enjoyment of the resource, if within the viewshed (including public use areas as defined in the APA methodology ("Public Use Areas")). - Traverse the local and regional highways, travel corridors, and primary routes of travel for residents in the community or visiting the area, as well as Public Use Areas, to determine the locations in the community where visibility is present or likely to occur. - Conduct a balloon float to provide a visual assessment of the actual tower location and height from various locations in the community, including Public Use Areas. - Create photographic simulations to depict the proposed tower on photographs obtained during the balloon float,which provide an accurate m ethod of verifying the tower visibility and impacts. - Assess alternatives (tower height, finishes, color, concealment, relocations, and etc) and other mitigation measures when necessary to reduce the tower's visual impact,when significant. On June 18, 2013 and again on August 7, 2013, balloon floats were performed to verify the potential visibility and resulting magnitude of impact of the planned telecommunication tower. Refer to the public advertisements and affidavits in Appendix D for additional information regarding the test dates. A 5.5 ft. diameter _helium balloon was flown from the tower location_ _ the property, ground its base and with the top of the balloon set to the name proposed height of the top of proposed tower. This resulted in the top of the balloon being flown at an elevation of 130 feet +/- above the mdobny ground elevation. On site m nunxmy stake marks the proposed location of the tower. At the suggestion of APA Environmental Program Speoia|iet, Virginia Yamrjck, the balloon float was started early to bake advantage of the mild on|m conditions of the early morning. The balloon float |eoded from 8:00 am until approximately 12:30 pm, on the first date, and between the hours of8:OU am and 10:00 em on the second. Winds were minimal and oo|m both dates, with gusting and light winds occurring mid-to late- morning during the first balloon f|nsd. During the June 18. 2013 balloon float, the balloon was taken down and the float terminated one hour before the noticed time due to strong winds and developing thunderstorms in the vicinity. A site technician monitored the hn||uon and documented balloon drift and logged corresponding times during the floats. This aids in assessing corrections required for the photo simulations. During both balloon floats. APA Environmental Program Specialist Virginia Yamhohwme present to witness and assist inthe visual verification and analysis. On June 18m, upon preparing the balloon and setting the balloon height to correspond with the proposed tower' the analysis team traversed the 5- mile diameter viemohedto determine |ouatione, noado, natural resources, and important onama vxhana the tower was visible. At each location where the balloon was found to be visib|e, three photos were taken to log and document each |oosdiun, using a Nikon D3200 digital camera with SRL 55mm. 85mm and 2U0mmlenses. The purpose of the second balloon float was to aeaenu the visibility of the proposed tower from the Dunhams Bay Marsh, which was traversed by canoe during the morning of August 71h. Similarly during the second float the analysis team, along with Virginia Ymmriokfrom the APA' on assessment was made relative to the waterway speoiOom||y, with three photos taken to log and document the one observed location from the marsh that the tower was visible, using o Nikon D3200 digital camera with SRL 55mm. 85mmand 2UOmmlenses. Invento!y of Important Resources/Visible Locations Important resources include areas within the region or locality that have inherent community value and it must be determined if the proposed tower, if visible from the resource, will have any significant negative impact on the resource identified. Typical aesthetic resources of importance include some of the following; 1. Properties on the National or State Register of Historic Places 2. State Parks, Campgrounds, and Recreational Areas 3. Cultural Parks 4. State Forest Preserves 5. National Wildlife Refuges 6. National Natural Landmarks 7. Lakes, Waterbodies or Rivers, including those designated as National or State Wild, Scenic, or Recreational 8. Scenic Highways 9. Local Parks, Landmarks, Historic Places, and Critical Environmental Areas 10.Travel Corridors, Highways, and Primary Routes of Travel 11. Trails 12.Vistas 13. Public or Semi-Public Buildings 14. Beaches 15. Natural or Man-Made Attractions Aesthetic impact occurs when there is a detrimental effect on the perceived beauty of a place or structure. Significant impacts are those that may cause a diminishment of the public enjoyment and appreciation of an inventoried resource, or one that impairs the character or quality of such a place. For the proposed telecommunication tower on Ridge Road, the following Public Use Areas and important locations and/or resources were identified within the viewshed of the proposed tower, along with the potential for visibility of the tower from such. a. Jenkinsville Recreation Park—This location is approximately 0.5 miles from the tower site. The tower was determined to have limited visibility from the recreation park with the tower only visible from a small isolated area within the park. See attached Photos and Simulations 4-A and 4-B in Appendix C. The resulting simulations provide verification the tower, although sky-lit will have minimal visual impact on the users of the park since distance provides some mitigation along with the uneven tree canopy on the horizon. Furthermore the tower is not visible within most portions of the park due to adjacent mature forested areas. b. Lake Sunnyside—The tower was determined to not have any impact because it was not visible from the perimeter of the lake when verified on the date of the balloon float. c. Hadlock Pond -The tower was determined to not have any impact because it is not visible from the perimeter of the lake when verified on the date of the balloon float. d. Glen Lake -The tower was determined to not have any impact because it is not visible from the perimeter of the lake when verified on the date of the balloon float. e. Lake George — This location is approximately 4.0 miles from the tower site. The southern shoreline was driven along Route 9L (Ridge Road) to determine if the tower was visible from the lakes southern shoreline. Due to highly vegetated buffers and screening provided by the undulating terrain and forest growth along the road the tower was not visible for any portion of Ridge Road, other than at the intersection of Ridge Road and the end of Bay Road. See attached Photos and Simulations 1-A and 1-B in Appendix C. The resulting simulations provide verification the tovvor, although sky-lit will have minimal viouo| impact from this location ah)oe distance provides the primary mitigation along with the uneven tree canopy on the horizon. At the time ofthe balloon float,the tower was only d by useofmagnifying binoculars, f. Queensbury Country C|ub —Th|m (Vuot|on is approximately 0.75 miles from the tower site. The tower was not visible from the parking lot of the facility or the driving range along Route 148 which is adjacent to and north of the tower site. However the tower could have some visibility throughout the golf course. Since the course is private property no further assessment was completed atthe time ofthe balloon float for verification. g. Highland Golf Club -Thia location is approximately 2.5 miles from the tower site. The tower was not visible from the parking lot of the fooi|ih/ or at any point along He»i|and Road. However the tower could have some visibility throughout the golf course area north ufHayi|and Road. Since the course is private property no further assessment was completed at the time of the balloon float for verification, although duo to the 2.5-miles distance to the tower it is likely the mitigated visibility would have minimal visual impact. h. Dunham Bay Marsh — Thia low-lying marsh and wetland extends from the southern ohonaa of Lake George south tosouth-east towards the proposed tower site. The only navigable rUonu of the marsh are by small boat or canoe/kayak from the boat launch at the end of Bay Road, as depicted in attached Photos and Simulations 1+4 and 1'B in Appendix C. for n distance of approximately two miles ina meandering southern direction. The closest navigable point ofthe marsh is approximately 2.5 miles from the tower site. During the second float this waterway was traversed by canoe by the assessment team. The closest point where the tower was visible was 2.8 miles from the tower, at which time the tower became hidden by o tree-line on the horizon, in front of the tower site. Photos and Simulations 5A 5-13, and 5-C in Appendix C document the closest visible point observed from the nVomh. As was obaemod, with an uneven forest canopy on the horizon, the meandering nature of the waterbody, and the vegetation along the navigable portions of the wmtemvoy, along with the 2.8 mile distance to the tower, the tower is deemed to have minimal visual impact onusers ofthe marsh/wetland area. i. State Route 149 and Ridge Road - These highly traveled roads are adjacent to and north of the the tower site. The tower was determined to have no visibility along State Route 149 and Ridge Road other than the two |onmf|ona identified in attached Photos and Simulations 2,4 ' 2-13, 3-A. and 3-B in Appendix C at or near the intersection 0.5 miles +/- north of the tower site. The resulting simulations provide verification the tower, although in close proximity,will have minimal visual impact on the users of these primary roads and routes of travel within this portion of the Town. The only mechanism for visual impact requires travelers to atop in the precise locations shown to even realize the tower's visibility. Visibility Analysis In order to predetermine the possible extent of visibility of the proposed tower o five mile vievxahod analysis was completed using USGS topographic data. This allows the ability to provide initial investigative data na|otiVa to the nnaoa the tower might be visible based upon land elevations and topography alone. It is noteworthy to state this ono|yu|o, although helpful in the preliminary ana|yoio, does not take into consideration vegetation, bui|dihgs, and other natural or manmade structures which might mitigate orminimize entirely the ability tosee the planned tower. Included in Appendix Aare vievvohed maps for; 5-mile radius, 3-mile nydium, and a 1'mi|e radium' used in the preliminary analysis of visibility potential. Upon completion of the viewuhed mmpa, the interior portions of the 5-mile radius were driven to confirm actual visibility during the balloon float. Primary routes of travel, arterial vondo, and many connector roads were traversed, and other Public Use Areas were visited in order toassess ifthe balloon, while being Ommn. was visible. Included in Appendix Biaa viewshed map which identifies the four primary locations the tower was visible and observed (aa depicted inAppendix [| photos and simulations), and also shows the hiQhvvaym, roads, and Public Use Areas investigated during the balloon float. 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TRAVEL 4,x��mORR0010 OADAHuHWAY { T 'rh+pw �',—,! �;"�"k �. ,'f � {s"� �.r p o• "�°ar,.,r, SE('.MENT FROM TRAVEL C0RMD0R/1RC,)A1.,)/ I I I I 1 I I I I m` 0.0 mi 1.0 mi 2.0 mi 3.0 mi 4.0 mi APPENDIX C PHOTO LOGS AND PHOTO SIMULATIONS -------------- --- Distance to Photo# Location Long(DMS) Lat(DMS) Lens(mm) Tower (miles) 1-A END OF BAY ROAD W 73 39 13 N 43 26 29 55 3.8 1-13 END OF BAY ROAD W 73 3913 N 43 26 29 85 3.8 1-C END OF BAY ROAD W 73 3913 N 43 26 29 200 3.8 2-A RIDGE ROAD W 73 37 21 N 43 23 44 55 0.4 2-13 RIDGE ROAD W 73 37 21 N 43 23 44 85 0.4 3-A RIDGE RD/ROUTE 149 W 73 37 21 N 43 23 50 55 0.5 3-B RIDGE RD/ROUTE 149 W 73 37 21 N 43 23 50 85 0.5 4-A JENKINSVILLE ROAD W 73 3714 N 43 23 20 55 0.5 4-B JENKINSVILLE ROAD W 73 3714 N 43 23 20 85 0.5 S-A DUNHAMS BAY MARSH W 73 38 41 N 43 25 45 55 2.8 S-B DUNHAMS BAY MARSH W 73 38 41 N 43 25 45 85 2.8 5-C DUNHAMS BAY MARSH W 73 38 41 N 43 25 45 200 2.8 6 ENTRANCE OF SITE W 73 37 32 N 43 23 24 18 350 FT VISION Engineering CIVIL. STR.NCTtJRALMUNICIPAL - ENVIRONMENTAL DATE: 6/13/13 PROJECT; New Cingular Wireless PGS, LLC Photo#: 1-A Lens Used: I 055m 085mm 0200mm Location/Resource: End of Bay Load Public Significance of Location/PlacelStructure: Longitude: W 73 39 13 End of Ray Road at boat launch and parking area Latitude: N 43 26 29 for access to Lake George Time Taken 7:25 am Distance to Structure: 3.8 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y N 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation,Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Distance from receptor to tower is good mitigator Tower located with binoculars, then only barely visible Tower is sky-lit but uneven treeline/canopy on horizon mitigates appearance Location is open terrain due to wetland and stream making tower location visible 16 Pearl street-Sulte 200.0ens Falls,NY-12801 �P:518.792.9264 F:518392.9282 w,visioned1gineerin .org / P r LL I. %✓ //✓ r� I r /�/fa f � r o I g " k i>; r/��,��y � rl//// � � ✓�%///jam i�o/'//',f rr ff or�riii/ rr a�, VISION Engineering civit® S.I"RUC.I URAI.. MUNICIPAL - ENVI'RONMEN,rAL {.v DATA: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 1®P, Lens Used: �55mm @85mm 0200mm Location/Resource: End of Bay Road Public Significance of Location/Place/Structure: Longitude: W 73 3913 End of Bay Road at boat launch and parking area Latitude: N 43 26 29 for access to Lake George Time Taken 7:25 am Distance to Structure: 3.8 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N[2] 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y N 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Distance from receptor to tower is good mitigator Tower located with binoculars, then only barely visible Tower is sky-lit but uneven treeline/canopy on horizon mitigates appearance Location is open terrain due to wetland and stream making tower location visible 16 Pearl street spite 200 clears Fails,NY 12801 -P.518392V64 F:51839 .92ii2 www.vislonenghleering.org g.or i I oY i P „,I l rr LL. IL or IA f/rr, /rv✓j� t I� r r i it �b V co n. 1 1 / VISION Engineering CIVIL.-S'f°I' UG URAL°.- MUNICIPAL- ENVIRONMENTAL DATE; 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 1-C Lens Used: 055mm 085mm (�)200mm Location/Resource: End of Day Road Public Significance of Location/Place/Structure: Longitude: W 73 39 13 End of Day Road at boat launch and parking area Latitude: N 43 26 29 for access to Lake George Time Taken 7:25 am Distance to Structure: 3.8 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y N ;? 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Distance from receptor to tower is good mitigator Tower located with binoculars, then only barely visible Tower is sky-lit but uneven treeline/canopy on horizon mitigates appearance Location is open terrain due to wetland and stream making tower location visible '16 Pear9 Street Sulte 200w Glens FaHsNY 12801 P 518392.9264 r"°5,18J92.9282 1 �l LL r M�Y!!il x m" °j `r y� ,y �, I T o Y ' LiJ i U a. i 4 r l I � � VISION Engineering CIVIL,- S 1"RUCTURAL MUNICIPAL ENVIRONMENTAL ONME.NTAL DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 2-A Lens Used: @ 55mm 085mm < 200mm Location/Resource: Ridge Road Public Significance of Location/Place/Structure: Longitude: W 73 37 21 Ridge Road 0.4 miles north of project site near Latitude: N 43 23 44 entrance to borrow pit Time Taken 8:03 am Distance to Structure: 0.4 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y❑ N W/ 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation,Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Tower only visible through existing tree canopy/opening when driving south on Ridge Rd Tower screened by vegetation between receptor and project site w«w .w.w-.nw,mw,mwamw ,.mmwmwmmwmw .+nuowmmummmwwmomwww.wrvww.ww.wmmao .w.rw,,,w", ,. muruwwwwn . .„mmmmmm-.,.«man wmmrc :„amm All 16 Pearl Street d�P�e S _ ' ��0 Glens Falls,NY"'12801 - :518392. 264 :51 .792. 82 www.visloiierigirieering,.org y 9� r m n a rt, fy/ r LL �m cq IL i u� a � I r .. % ,P a e y �i. ✓ �� l�„i rdi,. ,o Sip d / , U' l 1 r gy uw u / r, r`� t � i � yrl �7��'d V/✓ F ry1 yy u y wnl g VISION Engirieering CIVIL- STRUCTURAL- IUNIC'IPAL- ENVIRONMENTAL 6/18/13 New Cingular Wireless PCS, LLC DATE: PROJECT: . Photo M 2-13 Lens Used: 055mm E 85mm 0200mm Location/Resource: Ridge Road Public Significance of Location/Place/Structure: Longitude: W 73 37 21 Ridge Road 0.4• miles north of project site near Latitude: N 43 23 44 entrance to borrow pit Time Taken 8:03 am Distance to Structure: 0.4 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the 1-7 place/structure/resource? Y11 YJ N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y N 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Tower only visible through existing tree canopy/opening when driving south on Ridge Rd Tower screened by vegetation between receptor and project site °16 Pearl Street a lte 200 Glens Falk,NY-12801-P:5,18.792.9264 e f-:518392MB2 wwwmisionengineering.org �,;; lµi I 16 Y U. V' "V9 P AI AIL � r 4 f. i i� s Y �A i M � IN q i 'S. u µ VISION Engineering CIVIL - STRUCTURAL- MUNICIPAL - t NVIRONMf:N"fAL DATA: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 3-A Lens Used: a55mm 085mm 0200mm Location/Resource: Ridge Road/Rt 149 Public Significance of Location/Place/Structure: Longitude: W 73 37 21 Ridge Road 0.5 miles north of project site at Latitude: N 43 23 50 intersection of Ridge Road and State Rt 149 Time Taken 9:27 am Distance to Structure: 0.5 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y❑ N 4. Are there other.structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Ykj] N Utility poles along road,commercial buildings,and signs Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of Tower/View) Tower only visible through existing tree canopy/opening when driving west on Rt 149 Tower screened by vegetation between receptor and project site Tower not visible from Ridge Road at intersection and further north, or from areas west on Rt 149, only small area of visibility near existing fuel station _--- 16 Pearl Street-trite 200.Glens Fails,NY-12801 -P:518392M64 64-F:518.762M82 _ w xWonengineerkig,org 7 4 @r a r u L� r r' r' MCA p % �imp' AJ n top I Y �, rl�fd�i Ei / /rd �p �m °�r. y f yr I� I> 4 YI. � C � i�y-.�'it�ire,//'///��l✓�i(lyjlti'!r ,: r � � �f� �'' r rI� �I i w:l I � r I t � LLJ �t✓�+m1�i r 3 mRor �I r 1 r" ro w t 1 r l r 4 6` VISION Engineering CIVIL- STRL ,,'TI.fRAI - MUNICIPAL- ENVIRONMENTAL DATE: 6/13/13 PROJECT: New Lingular Wireless PCS, LLC Photo#: 3-13 Lens Used: 55mm @85mm 0200mm Location/Resource: Ridge Road/Rt 149 — Public Significance of Location/Place/Structure: Longitude: W 73 37 21 Ridge Road 0.5 miles north of project site at Latitude: N 43 23 50 intersection of Ridge Road and State Rt 149 Time Taken 9:27 am Distance to Structure: 0.5 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N Z 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y[—] N 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Utility poles along road,commercial buildings,and signs Comments: (Visibility,Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of Tower/View) Tower only visible through existing tree canopy/opening when driving west on Rt 149 Tower screened by vegetation between receptor and project site Tower not visible from Ridge Road at intersection and further north, or from areas west on Rt 149, only small area of visibility near existing fuel station 16 pearl street Suite 200 Glaris Falls,NY 12801 ro P:518,792.926 *F-518,792.9282 www.visloiierigirieering.org f pl �I loll 4 LL �,. 0 v Vl.,i 111 r 0 4y� }y y q6 ti b I I I Y t F ,o��,,wifill ti 89d R I II 1 i V 1 IL i l� 11 M q Il �o r VISION Engineering CNIto S.I"RtX`f°URAL - MUNICIPAL.„ENVIRONMENTAL DATE: 6/13/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 4-A Lens Used: 155mm 085mm 0200mm Location/Resource: Jenkinsville Road Public Significance of Location/Place/Structure: Longitude: W 73 37 14 Jenkinsville Park/Recreation Fields Latitude: N 43 23 20 Location is not in the Adirondack Park Time Taken 11:24 am Distance to Structure: 0.5 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? YFJ N 4. Are there other structures,utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N[2] Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Tower only visible through existing tree canopy/opening for small portion of fields and parking lot near field house/concession stand 0 ,16 Pearl streetvsulte 200-Glens Falls,NY 12801 r518,792.9264 _.� F:518192.9282 www.visl nen ineering,org i ay a jr i off^ w t a � N' 1 LL t i IL k yw„ i /) l r P f S � I �rrti i u pr�mNo ii yJy t u.w r� 41 If n VISION Engineering CIVIL, Sw'rRUG]".qRAL- MUNICIPAL - FNVIRONMEN`I.°AL DATE: 6/18/13 PROJECT: New Cingular Wireless PCB, LLC Photo#: 4-B Lens Used: 0 55mm E85mm 0200mm Location/Resource: Jenkinsville Road public Significance of Location/Place/Structure: Longitude: W 73 37 14 Jenkinsville Park/Recreation Fields Latitude: N 43 23 20 Location is not in the Adirondack Park Time Taken 11:24 am Distance to Structure: 0.5 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y N W/ 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N[2] Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Tower only visible through existing tree canopy/opening for small portion of fields and parking lot near field house/concession stand �M 16 Poad Street-Sulte 200-Glens Falls,NY 12801 -P51819M264-F.518.792M82 www.visioriongiiieeririg.org �';� rrt f� F � al n1� xJ L d 1 d5i 'o 1 LL b P.I,sY x oFM y y-m'" �a mw d � ' J 0� � lL 1 4 4,16" m" fia,v/ �1 MWS k II fl n mw� � r 2 LLI i, r.. I JA �i u W � INS j `r // VISION Engineering "Mull ITN URAL- MUNICIPA1.-ENVIRONMENTAI.. DATE: 8/7/13 PROJECT: New Cingular Wireless PCB, LLC Photo#: 5-A Lens Used: (�55mm 085mm 0200mm Location/Resource: Dunhams Bay Marsh Public Significance of Location/Place/Structure: Longitude: W 73 38 41 Dunhams Bay Marsh -traversed navigable Latitude: N 43 25 45 waterway by canoe Time Taken 7:50 am Distance to Structure: 2.8 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y ❑ N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N Z 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y❑ N 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation,Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of TowerNiew) Distance from receptor to tower is good mitigator (2.8 miles) Tower barely visible by eye, more easily located with binoculars Uneven treeline/canopy on horizon mitigates appearance and visibility Location is open terrain due to wetland waterway, closer than 2.8 miles will be mitigated by vegetation and tree-line making tower no longer visible 16 Pead Street-&Ate 200-Glees Falls,NY-12801 P.,518392MU F:518.792.9282 www.vislonengineering.org �� N r�N ✓� ww�N��d "�� r� / w r� rr��f�hq�i �� ✓ +Ni r '� �' w� t�� , N✓r�✓i �qpr r w mw'� & y1 �, v ^w w wAn f rIoo i �iil j9�i� i r ✓„, A� v ,� ... ��/ 101, CN, t r ,` sir/� ll l6" u rl ✓'�� r m v � o P r` /ra It F a wC ;yam < d,� ' 19, a 1 . rao,w�(�Y1,'nw mfr w r, Mp/rl✓.N"N�ur "r i / rX.4�Jr''"" Nw y vN f i I' Ad "% � N 1w + m w �>� prrm ti r w g&,ro , 4° p /If/z ✓� fps �`/' ��"d /W�rirr lJJ � ,i '7 '�Ei j�s�� 71°' �r�� `�r ✓W ��/"iii � 9��1" 6r X16 ftt ✓ ➢r G � 1 �ri�� t��r J✓ le k'uW1 Dari � %1 di /„ y k l °y Jr r / f 7 S J � q /f�'%W i J Wrr ay. sn ��6 � n "� a+ !w Yu mm�^"�rd &,lac vx, v/if "N�A� J �I,v"✓ v d`�.J�r°� m °r",`,'mk R � T � 14 ,r r y d w ° if At VIM' rid rd �J rei" Wr ` I VISION Engineering CIVIL. - STRUCTURAL-MUNICIPAL ENVIRONMENTAL DATE: 8/7/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 5-D Lens Used: 055m &85mm 0200mm Location/Resource: Dunhams Bay Marsh Public Significance of Location/Place/Structure: Longitude: W 73 38 41 Dunhams Day Marsh -traversed navigable Latitude: N 43 25 45 waterway by canoe Time Taken 7:50 am Distance to Structure: 2.8 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y ❑ N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y❑ N 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation,Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of TowerNiew) Distance from receptor to tower is good mitigator (2.8 miles) Tower barely visible by eye, more easily located with binoculars Uneven treeline/canopy on horizon mitigates appearance and visibility Location is open terrain due to wetland waterway, closer than 2.8 miles will be mitigated by vegetation and tree-line malting tower no longer visible 16 Pearl street SUite 2100 lens Falls,N -126-3'1 -P� 518,7919264- ':518.792A282 wwwNislonengineering.orq u �✓ Pl rp�/ / www, �� / 1"✓JrJM r � r �✓r✓✓rr��,/ i��" ii/� air r r� ,�� / 1 l / jy,✓I f f� w rr u1 �✓yl @V ri ✓/ins l r 116 r e / � ��✓fir// �'� ✓ / 1� r �7 / i ' (�� ✓ Nr / 0, r �� Y � '��.err A ,✓�! �r 1� { ✓/�,,wv,w�/i✓N11'!��" �l ✓i/� I y�✓� �r I "rx rc"ii r�6✓✓ ✓" . ��y�/ / lr _ � � ✓' ll��l°Iffru��/r�i 171 � llyr/D �, / � ��/ r� o/tii/�/r//✓�/� � ��r ✓✓j✓/ f��wr�y/ !✓aJ✓ ' I1�r��"'�i�+'�""�ro Ylvl/r'(� / a (� I( � rQ � �fi� />t n�f �P �� rdi✓dNYr �Yi�li rr /M �✓ U f �I r y,✓✓! / r✓r urs✓(� � ��1� a P / r /�f f .. �� r { 1!'✓/ r r Mfi �n✓/( r l ✓✓�' fk r� �� t� it >�fr �� r� ✓�r� ,y6 r";� �/�r yY fx &,74 �// /„rl // / ✓ � /yl li /til, ✓W,y, ra''�r a r �� s” � aures �//' Mfg ✓ ✓ J r IN, l�ipNi/� y /�✓ / r �% � " v// ,/' ✓Ali il4" a' o ", j�i y �i mfr ,,/Hp//a✓ �'y'"� �i /,Pt yr fi�i� /✓ � r>j/� �� r r0 rr Y //r (�1✓ r fJw� � f�J�Y��/� r �llJ/ ��Vr /''Vi(� i U✓ 1'' ;'/' lllPAW r / Q i I✓✓la rrr/imnL✓io„v��, ��i�wt/i�. iurc✓�rJ�'✓>�(i,��!r.r� I < rr r ri r r � HlIG „ frr iii IN lyf r I.........."I r � � Al l ........... rrr� W J� >r'rprArNyiJ7 r �rf' f�� /p r� �1� / � � ,�r ilii ✓ �� i I r�r r�piY/f�gUim/��r�rrr r� VISION Engineering CIVIL, STRUCTURAL MUNICIPAL®m ENVIRONMENt`AI.. DATE: 8/7/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 5-C Lens Used: 155mm 085mm @200mm Location/Resource: Dunhams Bay Marsh Public Significance of Location/Place/Structure: Longitude: W 73 38 41 Dunhams Bay Marsh -traversed navigable Latitude: N 43 25 45 waterway by canoe Time Taken 7:50 am Distance to Structure: 2.8 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N12] 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y❑ N[2] 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation,Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of Tower/View) Distance from receptor to tower is good mitigator(2.8 miles) Tower barely visible by eye, more easily located with binoculars Uneven treeline/canopy on horizon mitigates appearance and visibility Location is open terrain due to wetland waterway, closer than 2.8 miles will be mitigated by vegetation and tree-line making tower no longer visible ita i enri street Suite 200 Glen s Falls,NY-12801 s r':518.792.9264-F:5183 2.'92ii2 ;.., a, wvvw.wilsionengineerikig.org r �� '� ✓, �� ,,rr r/�� r /�� rrr ar rry �r ��%ii/� �i ��u� ✓pry r` ,�ir/; '�j��/,✓r�i)/i/� �"�1,kl ��rT�� /rr 7�� aJ��ii/�/r r�6,�/i � ,'� , /��jG�/ir///�i t��""rE ��i/ ie�/N �rrl��I/�/l� ��ari�,r/ � � " fN�/�r�!�i i-✓rr r r�r��s r �%r(i�/� r //�� r ' rr�'r� r�'��r �rr � �� rrr �/�„�% � /' k' r t^� r a � r rr� r%/� � /lr/r� r//'4rrr IGS r,�� //��/ l / t '/1 i t N r� rr r r 9 �✓ ri �� ri a ,v rY�r�r "'��ii��/ �/ �f6� rl ' ��/r r e �,P p // � / � i� i i ll� ri/r rr/r% //d�`�i l Ute/ `rrr Il ' r x` rr Fb rr6;/G I r//� �� ( j// (��r�� r��i1 //�0� ��r v r/a� � b � ✓y ��d �/� ' woo fir t r N'd a r �irr�ri�Nri r p � �Yb r "r�J,Nlf,�i��l/r lr�/�r r rrr ri L d a � /��rf r r/ ✓�f J �� r1r�� /r c(fr/�%yi'� ✓r��r �/f//r%rel%9�f�j lr�r J�� G l/l/ 9�r�7�J�/✓ � niv/d Irl r�/��I%%ti err r/� 4i �� >I J/r� �/ ��✓/r «��r r�j/✓r �y �l i ��if%i�✓'�; ��f�' %t' "vv ✓��Hl r��/�/ni fr r yr/ r �i%r/N �r!�ri'rt��"i' �r�� r rry ��/� �?��Ylr r`/rrr�� l Wki vp r�r/l/a�r✓/�q�/i�tl�k kr �r� � r "� �jrrri�ll��OI��4bmff� h, �j/%i��ri�� r �l/jrri'� �h r i� `lir�r��k r �i�� '�9�� r/ 4/i b6kk � � i t i I✓rr 1 �D/i!ioi� r r%`� �ioi/r�ri / � w � /lN`/�l � ll�/l�� /d j��/ r �� 11'�'Nr�/r'/� 'f�r �� rr�/� rj��iri%%,f% r j��r��jP�i� wry /' S r��fli��r�j/r j it /i/rN/�l � io r J l»r ��rN/r�r ��r�w rrr�� r��)9� �� 1 +N�I rrN%rr/ rr rr l��'fil R�rr r r �w// s`r'a'i' � p�"y rr/ �i f/�r �✓ �l�i�// 8b ri,,;✓ /�' i�7 �u'Nu"�°'w�//'�Y�1 � rrr ��lJ fri pp i s� riyj�� rr rr� r✓fx rl� l�Il��/� ill 9 "✓�s r � l" f k v r��ri��rf�/" r r�TFr�� 1 �6�ki �r (r nr�" �� r ^�� vro Fir r �� r � ��ir rn/rrrN�ry�yiiir�� //�w /�� 'r�� r/r% r 4'�r�� / ��)� r�� / /orur 9 1 � �/%r,%j r ' r r � �,r r %i ,err r � �,�,� �/ lr 1 �j%%�i�rj�lrr�'' �AI v (!I4��fwr/rt)rl/�%Il%/�l l% r!%4,✓/ i r 'f��r lJ''/��✓4iiPi��y i w/�%w�H^r r j��(�Jl`4/i/��j�� d/Gl j�r5 r' /�//��✓f!� Ai riG�r r/ ri/l�� ire ✓.y �T 6 r!/�� ^i r`/�e K wr i'r//� 6i� H �//i/ri r r i rlrla i e ,% � ��lrr� ��%�r" l 1�` %�N rel rrk�� /i�l/� li / a r r �i t rri/�rr�k � rii ��/t r/11��r /irk /rrr ��r/�� r r �� r11 r ��%%/r rel jllar� i ��/� r r rad (vi rrr��/��,// ��i r��/y �'/ivd�l i ��fi �.�11��ryiY?,1"o��9 / %�r��i�r / .� r/ir/IJ � k rr r r r / //�er J� ri H/% r�ir %�iJ � �i l// r�%�/ �i%�/��i/r�'�ry�� lei�� A� %/��r � r l� A�, Q/ r,Ir//rrJ/�r�'r�'r/ r / r N�� l y'r✓ir, �JGe / r r 4 r/y //�%/ ✓j 1 f�f/i��ii;'i� 44nj`N u/�r /��S'Y��%/l�j% rry�� r. ,..;' // ; r k� / / /r l yt D� II Ne�D�fi�P � r IY/�ii/Nr D/j�r � = �`, �'k �r1Y °k�r'�� v �/l�ii ,�ri�'G/%' ayir� n, . /,� ry �`r� � w r rN r r // r rr t '9 '�r brr G�(��h 4�'�JJ Mr bN r lG//�r�U✓ �f aflIT r :,". 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ENVIRONMr N 1. _ DATE: PROJECT: 3/7/13 New Cingular Wireless PCS, LLC Photo : 6 Lens Used: 18mm U85mm n200mm Location/Resource: Entance of Site Public Significance of Location/Place/Structure; Longitude: W 73 37 32 Photo from east edge of Ridge Road across from Latitude: N 43 23 24 site entrance, widest lens used due to short Time Taken 10:00 am distance to entrance across road Distance to Structure: 350 ft Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y 0 N 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y[:] N 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y N Comments: (Visibility, Obstructions, Mitigation,Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) With proposed landscape berm and buffer along west side of Ridge Road only limited visibility of tower and compound as passing vehicle is in direct line of sight at entrance opening 16 Pesd Street Sulte 200 m Glmrs Falls,NY-12801 -P-6183919264.F,518.792.928 ° www.vislonengisseering.org ✓/' rr i/ �r�i�R i w o j�d// �j/ r I ,� LU Ly , 1011 , � r CLr wM Cru i 00) IT 115" )% oil, i, SM S a spoi LLI LL LL f% I LL! Vi AZ //� r r 16, IRIF r / Q ON'. k FRE, ` (� �� .'� z 0 j l LI® 0_ LU W LU % U) f�f ft , r w r ,qpr co /9 yl it u� i i f, I. I, � 4• co %I j l y ilia l / ry0 � y x Q I u �Lt� LL V LL ®1 i/ w IL LL Y W L CL Z w LL i LU /r BALLOON FLOAT DOCUMENTATION /J P� i Wun I r / I Iii _ /ice F � LL s To / s /rr ;, i „u !iy J I ®0 I CL uj WON Aio 1 i 1�nY i / / on / ji m f1ass "I l% % J!!f I ow r �j i ,I snrn;/ �I ��JC'�l 1, �r ,; � �� % �/A'rr� r��di l/l✓�1 rr�l i T 1G � ) l.,, r� l ;��s r r �� ,%� rri��; ��'��Il"r✓�i /r�r l rUr,�'vf p/r� i`li� r, , � �� %�� y�/R��'��,, BALLOON FLOAT SITE PHOTO 6/13/2013 AFFIDAVI,r OF PUBLICATION state: of New York County of Warren }SS. : Shannon Christian being duly sworn that she resides in the Town of Westport, County of Essex, New Voris and that she is the Agent of the NEWS-ENTERPRISE a weekly newspaper published at North Creek in the County of Warren, and that the notice, a printed copy of PUBLIC NOTICE is hereggbyy given'that New which is hereto attached, was printed in said PCSur r fireless NEP;S-ENTERPRISE has filed or is planning anon the Following dates: aap�eovaipllwithnsthe 105M of Queensbury and APAproposing 06/15/201.3 the construction,oper- ation, and mainte- nance of an unmanned public utill- ty/personal wireless service facility, to include an approxi- Sigla this 17Lh day of June 2013 mately '130 it. tall monopole tower, on a 1 10,000+/- sq, ft, por- tion of lands n/f owned __ .'j� _ � -� by John Kubrick & Agent 1359 Rid eoRoad in the ,own of Queensbury, County of Warren, State of New Yoric (Tax May Sworn 4be-fo 4tsrh daoL June 2013 Parcel No. 279-1-48y PUBLIC NOTICE is further herebyggiven that the Applicant will conduct a visual impact assessment Notary Public utilizing a "balloon float" at the site on June 18, 2013 behveen thea proxi- mate hours of 9:30 Gayle M. Alexander a.m.and 1:30 p,m. In the event that poor Notary Public, State of New York weather conditions or No. O 1AL4977709 other factors require a rescheduling of this Qualified in Essex County balloon test,the alter- native date Vail[ be June 19, 2013, Commission Expires 02/11/2015 between the o o 9:30 :30 p mate hours approxi.9 18016 a.m. and 1:30 p.m. It should be understood the start and finish times of the balloon test may vary and are approximate. N E-6/1512013-ITC- 52471 fi r r WARREN COUNTY AFFIDAVIT STATE OF NE=W YORIL: 9�U[3LIC NOTICE is hereby given that Now Ctngular Wiroloss,PCS, LLC i'AT&T'�has filed or Is County of W- -Cil,ss: planningg to ii a apoltcations for a�f�proval with ihe'own of queenshury and APA proposindq the construction, par ration,an maintonance t, unmanned public utilitylpersonal wireless Sabrina Kiri being duly sworn, service fac+lily,to Include an approximately 130 ft.fall monopole o�tands n(I ow ued by Jahn porticn Kuhdci<yy&So Inc,located at says that She Is illi atlthol'IZ4'd designee for Lee F.nter�rises. publishers oC'fl IF. 1 u Ridge Road in the Town of } � � g' l .I Queensbury,County of Warren, Slate of New York B(Tax Map Parcel POS C-s'I AR,a dally newspaper published in Glens Falls, Warren County, State of u0.rtner nore6i gIvanLthaN4eicE Is Applicant willl conduct a visual New York,and that the printed notice attached hereto was cut thorn the said impact assessment utilizing a balloon float at the site on Juno iia,2913 between the approximate POST-STAR.and that the said notice was published therein, namely In the eventtthat pool,weatherm' conditions or other tactors require a rescheduling o1 this balloon lost, It the alternative date sill be June ! j i9,2013,botwGen the approximate r `' // { `. i 7!�?�Jf.?i!3 k L t `� I' d+ hours of 9:30 a.m.and 1:30 p.m. 4. j'S :J` :".ta Ur' ) O 1 .. -. It should be understood the start and linreh it es;of the balloon lest mayy vary and aro a proximate. 1 P� PUt3:JUNE 12,203 l+' 2013 t r� signed this !t day of _2013 - Sworn to before tile.this � tla�'of " 2013 Sw drJtari of Hle, 1:?3�J16 19,?01;, WARREA N COUNTY AFFIDAVIT STATE OF NEW YORK: County of Warren,ss: _ `PUBLIC NOTICE is herebyg�van that New Lingular Wirefess,PCS, LLC('AT&T-t has filed or is plannrnto fie apyleatlons for Sabrinll 'Ring being dttiy swot-ti; approva with tho Town of gg tthheoconstruction,operation an'T maintenance of an unmanned public Utilitytpersonal wireless all saes that she is an authari�ed designee tar Lee Enterprises,publishers of'l'l Ili service f mately,to Include o � � I >l approximately 130 It.tall monopole tower,on,a 10,0004-sq.It.porttan ohn I'OST-STAR,a(laity nelwspapei'published in Glens Falk-,Wa1'reti County. Stale Ul' Kubticky&Sons If lands nif nc,located at- 1359 Ridge Road in the Town of New Yolk,and that the )ritited notice attached hereto was Gilt frotil the Sill(l Queensbury,County of e.Pa, l State of New York Tax Ma Parcal No,279-1-48).PUdL.IC NOTICE Is POST-STAR.and that the said notice was published therein,namely further rr heri conehthe Applicante lconduct visual impact assessment utilizing a "balloon float"at the sRe on August 7,2013 between 111e P approximate hours of 8:00 a.m. - poo 1yeat a.m.in the event that _ r-__ poor waather conditions or other factors require a reschedulingg of this balloon test,the alternat(vo J — date wilt be August S, _ _ b eta�ieen he approwmate hours of hsafin>b01J eneobudrstod tetrt andish times of the balloon test may vary �jPUB:Aare MUST 22013 Signed this day of.( l t' i� ? 2013 P-e Sworn to More ine this day of -- �� .2013 F.totar,+ State of Ne�dj imtil33976 au-AIiflecl i a?:aunty Exhibit I VISION Engineering CIVIL TRuc'rIJRAL MUNICIPAL .N IRON m rAL, TREE INVENTORY ASSESSMENT PREPARED FOR Now Cin alar Wireless, PCS, LLC (AT&T) 5041 Bridge Street East Syracuse, NY 13057 FOR THE PROPOSED 130 FT MONOPOLE TELECOMMUNICATION TOWER LOCATED AT: Property of John Kubricky & Sons 1359 Ridge Road Queensbury, NY 12004 County of Warren 1 ,� n W tix i. c Gil 1 y CGuVmV b L) h� pp °utast _ aJ/�;a dp i f a BY: VISION Engineering, LLC 16 Pearl Street, Suite 200 Glens Falls, IVY 12001 September 22, 2014 16 Pearl Street suite 200 Glens Falls,NY-12601 «P.518191926 F:510392.9262 wwerdmsionengineering>org SUMMARY This report provides information pertaining ""existing ~trees and their corresponding heights for the area surrounding the proposed telecommunications tower. More specifically, an area which encompasses a 200 ft radius from the tower center point was field surveyed for all trees in excess of 8-inch caliper DBH. Each tree observed within this area was accurately measured for diameter and height in order to � depicted _the site_ plans. METHODOLOGY OVERVIEW In order to accurately inventory the existing trees efield survey of the "no-cut" area was completed and fb4Jged. Flag markemwere inabaUedateach ofthree pnopedyline intemeotonmand every 25ftalong a 20 ' ft radius from the proposed tower location. Gubnequordk/ field observations were conducted to measure and identify each tree which existed within the restricted area which is of 8-inch caliper DBH or greater. Upon completion of the observation phase to locate and inventory trees which mot the size criteria, a field survey was completed to locate each tree for mapping purposes. Once the trees were inventoried and mapped, survey data for each tree was obtained using a CST/Berger 56-DGTI 0 Digital Transit. Refer to the schematic below for data measurements and corresponding height calculations. '~ HORIZONTAL DISTANCE Dh TREE HEIGHT=H1 +H2 Hi =DIRECT MEASUREMENT FROM GRADE H2=TAN 8XDh W.~_ HORIZONTAL DISTANCE Dh TREE HEIGHT=H1 +H2 M1 =TAN 81 XDh H2=TAN G2 XDh The goal of the assessment was to determine the average co-dominant tree canopy height and average dominant tree canopy height. Co-dominant trees were determined nnmathose trees that have m crown extending through the forest canopy however the tree canopy receives direct oun|kJhd from above but has limited direct sunlight from the sides. Dominant trees were those trees that extend their crown above the cu'dominanttree canopy. At the time of the field survey, the forest canopy was dense with leaves. Based upon the visibility of the tree-tops and ability to accurately depict individual tnaen, it is estimated the accuracy of mnQ|o measurements were to the nearest degree. Horizontal distances were measured using survey equipment and olaser measuring tool, providing anaccuracy ofuptothe nearest tenth ofmfoot, Based upon the overall level of accuracy and significant vegetation present during the survey period, the calculated heights of trees are estimated to beaccurate towithin +/-5ft. ANALYSI Included in Exhibit is a map depicting the existing tnaoe meeting the study criteria of 8-inch diameter and within the 2OOftno-cut radius from the proposed telecommunication tower. Included in Exhibit B attached is the recorded data for the assessment with corresponding oa|ou|sdionu for the determination of individual tree heights. The predominant trees within the vao1ridod area consisted of oak, maple and beoch, with soothavad bimh, hemlock and pine throughout. It is noteworthy to point out much of the restricted area was barren and without vegetation where the active borrow pit still exists. Nearly all of the trees included in the data and assessment were north of the proposed tower location. Based upon the obtained data and subsequent analysis and oa|ou|ekiona, the average co-dominant tree canopy height was determined to be 60 feet, and the average dominant tree canopy height was 69 feet. / Daniel VV. Ryan, P.E VISION Engineering, LLC Digitally signed byDaniel w.Ryanp� Date:2014.09.24 08:03:41-04'00' _ { I EXHIBIT A 721 T27y EXISTING TREE 128 °138 °T47T5�}� WITHIN RADIUS 'T17 T49°o153p i 57 WITH 8"CALIPER P T18 ° F2 T33 °T39 1-52 T64 i74 DBH OR GREATER °T13 °�5 1�0 63`° °T68 'T79 \ T6 T12 T15 T29°°°T32 T56 °T62 °T73 ° T31 12 T5 'T9 'T19 T25 °143 °r L P7 T$7 P3 °^a J�'46 � °T8 0-120 ° °T35 J14.1 °TI 1 °T67T72T77 1'90 J °^ °T26 °T36 ° `IT55°T61 ° 1"$1 T3 i'11 116°T?_2 'T T4 T69 °T78 ° ° T89 °P ° ° - o^ °137 °-' ° T85 ° ® � 125T123 ©T121 T4 T7 i 14 123 0-145 iti 50 T60 °T7'i T1 °T'120 ° 'Tl 17 °T34• ° P1 °T75 T12 °T121 1 111$ T1'16° ° r T 58°° T 82 �II4i84 T'127 T11 1"113 r T59 T66 T76 183 -T70 T101JT103 J105 105 T 94 °T128 ° T96 T99 a°T T8 T10°g4T106 09 i i93 T i 108 T1 07_ 'T92 T9 °T109 ® SURVEY INSTRUMENT °I 129 SETUP LOCATION, TYP P8 PROPOSED 200 FT RADIUS MONOPOLE "NO-CUT"ZONE ' TOWER f LEASE AREA OUTLINE OF \ PROPOSED ACCESS z _ AND ASSOCIATED EASEMENT 0 TRE�OFEETINVENT® Y ASSESSMEN 1 INCH= GRAPHIC SCALE 50 0 25 50 100 200 WA (IN FEET) a 1 INCH=50 FT. v�= H mv � � � � wCOv � � � � m � � a � � nurni � nvi virouhiNrnu°iineN � vv � umimv00i � maaa � varc`ii umi x O W t0 0 N O N M dl n N 0 dt O M tD N to N 61 t0 N N �+1 I� N V a 7 to Q1 M �O M d M O 'ct N M Ol n al n 0 x N at m tp M h N m V 10 two N tail , O O M d' , F2 a n N [t lco 14h0 M ct tNil tNtl V1 M tf�t Vi l�0 d' x x mV b N 7 M N O f m O - V � 000 n N ® ct n �D rt ca '-1 Ol N Ol n n N � �O Ol O� N M c0 n N O� rl n C M vl u] ut N n �O t+t V �O d' O Vf N 7 OJ 01 l0 ct Ol �D 0] d' M t0 V ✓1 M d' �/t t0 If' 7 N M M d' d �/i V d' M V V Vl V d' d' N �t V Ul of N dV d' M 7 V1 tf1 N�/t V M M N �tl �+1 M �+t M cf M ul � N O W W lO L�1 h N N N M N M h V 1p 01 Ol N V1 aM-1 O] N eni O M � N .Oi CO O `', N N V � N N chi N N N M tp V O N �/1 � 00 U C O N N b V tD 00 t0 W O i(1 N Ol h h t0 Ol N 00 V R1 00 n b 00 N 00 M V N M N M 01 tp to M t ci 10 't CO W [t ci -t Ol O CO h 4 )-I N O Ol a W d' N O CO M N h w n t` 1D w [J N ci N h O of r4 m H m H m h m N m tD N M 00 Vl O O 1p O fYl ; � �o w h y m n OI Ol W 00 l0 � b N M 1/1 a N v1 to O N N � V M 0p �/1 n n t/1 Vl � M M M N t0 Vl M N N m 10 ct a M W V G O N O x U g U U U C! 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M N O O !() Ol ri Ol 'R W Cl M O M tD t 1,1 M ol O W m W M Ll m V h Vj M m !O Ol Vj h m GO ei N V N r m ol O M w o W NB O V) N M O a-t 1p d' m d' n o ci m N m CU m N m O w m t0 m n b n m N w Ol m Oi Ih m m O M tD i� n m O V f� N O M l(t i� W N ryry !Il tf O1 N lD V V V lO V Ol l� n 61 m t0 I� 41 Ol � O H N N N N M N N M a Vl lO h m Ol O N N M d' vl I� m Ol O N N M V Uf t0 h 00 Of O N N M d' !/1 t0 h 00 Ol O N N M a M t0 h m Ol O O O O ul ul vlM vl ul ul vl ul In io mlo �o io to io to io mcowco ovmwmmmmmmmmmmmm .-� � .-� .-� _ � .�-loowmami vmi v'^i uO1i � � mhm m � vv � va � � a - c} N m Cn N N N H N N N . . . m N N " m ih N O m M M h m n hl O N a m m M b N Ol tp M M N N M M V � V � 7 a � V y d' V V si• d' V e} N N N N N 'ct M N eNi N N N eN-I N N eNi eNi N N N N N N N N N N N N O 1p O N h O h V tP m Ol N M V N V1 t/1 O 10 m O h h ap N O O M W N N W O O til 00 ct r1 tp h V �D M m Vi i� h tp of m l0 M N N N �-/ N N CH M V ? O O N M N m h H N N N N r-i N CO h m OI HH 'v-1 N ti a-1 a-i m N N C! W W O V L O m Y = m A A 0E w v £ 3 (3 003 ,°'., 0 3 3 300000000 v m m v o a � ora 3 o a x x } x x x x x x x x x x x x x x x x x x x x x x x x V N N 00 V1 m N m N O OI M V 01 m M rl N O1 m N N N N N 6i CO tJ1 W m 00 Ol N N W OJ O] N N O N N N ci 61 x e Ol N et V' O m O h Q1 N c-1 N m m h lD N O h . . h O T T O M M N M M N M N N N m V m N N N m 00 N N M h M N t0 !D If 11 t C Lp 06 W W to m O h d' Ol M OI N M V �-I ut N O l0 10 O h h tD N O O N d ai 16 CJ 1/1 CO O OM a 4 16 I� V w m m 1� n t0 m M N N V M d' a{ m ` O O N M N m h C11 O O1 N N O N N N N H N s-1 O h m m C C C C E E O O d O � u `w m commcowmmwmmmmoommmmwmmmmmm � Exhibi t J WARREN COUNTY—STATE OF NEW YORK PAMELA J.VOGEL,COUNTY CLERK '4 1613 ' 1340 STATE ROUTE 9, LAKE GEORGE,NEW YORK 12845 4+�tymuK`` COUNT(CLERK'S RECORDING PAGE ***THIS PAGE IS PART OF THE DOCUMENT-DO NOT DETACH*** Recording: Cover Page 5.00 Recording Fee 65.00 cultural Ed 14.25 Records Management - Coun 1.00 Records Management - stat 4.75 TP584 5.00 BOOK/PAGE, 5100 / 5 INSTRUMENT #: 2015-0205 Total : 95.00 Receipt#: 2015354299 **'�* NOTICE: THIS IS NOT A BILL * *'� clerk: LB Rec Date: 01/12/2015 03:39:21 PM Doc Grp: RP Descrip: DECL RESTRICTIONS NumPgs: 10 Recd Frm: SCOTT SMITH Partyl: QUEENSBURY COUNTRY CLUB INC Party2: QUEENSBURY COUNTRY CLUB INC Town: QUEENSBURY WARNING'"* I hereby certify that the within and foregoing was recorded in the Warren County Clerk's Office, Record and Return To: State of New York. This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of the State of New York. PHILLIPS LYTLE LLP OMNI PLAZA Pamela J. Vogel 30 SOUTH PEARL STREET Warren County Clerk ALBANY NY 12207 DECLARATION OF COVENANTS.AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the signature date below("Effective Date") by Queensbury Country Club, Inc., with a business address of 907 State Route 149, Queensbury,New York 12845 ("Declarant"). Backgground A. Declarant is the owner of the following parcels: (1)real property consisting of approximately 18.79+/-acres of land,located on Ridge Road, Queensbury,New York,having the tax designation 279.-1-49 on the Town of Queensbury Tax Map ("Parcel One"); and(2)real property consisting of 29.25+/-acres of land, located at 907 State Route 149,Queensbury,New York,having the tax designation 279.-1-54 on the Town of Queensbury Tax Map("Parcel Two") (collectively, the"Properties"). The Properties are further described in the legal descriptions attached hereto as Exhibit"A"and are depicted on the site plan attached hereto as Exhibit`B" (the"Site Plan"). B. John Kubricky& Sons,Inc.("Kubricky")is the owner of approximately 9.38+/- acres of land located at 1359 Ridge Road,Queensbury, New York, as depicted on the Site Plan (the"Kubricky Property"),which Kubricky Property is adjoined to the Properties. Kubricky wishes to lease to New Cingular Wireless PCS, LLC(`AT&T"), and AT&T wishes to lease from Kubricky, a portion of the Kubricky Property. AT&T will construct a communications tower (together with any and all replacements thereto,the"Tower") on the Kubricky Property,for use in connection with its communications business. C. Because the Kubricky Property is located within the Adirondack Park,AT&T must make an application to the Adirondack Park Agency("APA")for a permit in order to construct and operate the Tower. As a condition of its approval of AT&T's application and issuance of its permit,the APA requires this Declaration so that the visual impact of the Tower is reduced by establishing certain restrictions applicable to the Affected Area,as hereinafter defined. D. The portion of the Properties described in Exhibit "C", attached hereto and made a part hereof and depicted on the Site Plan (the "Affected Area") contains certain trees (each a "Tree" and collectively, the "Trees") that restrict the view of the Kubricky Property from the nearby roads, including State Route 149 and Ridge Road. E. Declarant desires to preserve the Trees and reduce the visual impact of the Tower on the Properties by establishing certain restrictions applicable to the Affected Area. Furthermore, Declarant believes the construction of the Tower by AT&T is in the best interest of Kubricky and the public good, and wishes to provide this Declaration so that the APA will approve AT&T's application and issue its permit. Record and Return to: PHILLIPS LYTLE LLP OMNI PLAZA 30 SOUTH PEARL STREET ALBANY, NY 12207 -2 - F. This Declaration is made and done in contemplation of AT&T making applications to the APA and the Town of Queensbury for approval to construct and operate the Tower. NOW,THEREFORE, Declarant hereby declares as follows: 1. Except as hereinafter set forth, no Tree(s) shall be purposely destroyed or removed from the Affected Area without prior written permission of the APA. 2. Notwithstanding any other provision contained herein, Declarant reserves the right to remove dead Tree(s)from the Affected Area, and to maintain the same including,but not limited to,the pruning of any Tree(s) in order to maintain safety and to protect and preserve the Affected Area, 3, This Declaration shall run with the land and inure to the benefit of Kubricky and AT&T, and their respective successors and assigns, and to the APA to the extent stated herein,and shall be binding upon Declarant and all future owners of the Affected Area, and upon each and every tenant,subtenant, invitee and licensee thereof. Prior to the APA's approval to AT&T for the construction and operation of the Tower, the Declaration cannot be modified or terminated without the consent of Kubricky and AT&T (or their respective successors and/or assigns). Once the APA grants approval to AT&T for the construction and operation of the Tower, this Declaration shall not be modified or terminated without the consent of Kubricky,AT&T and the APA (or their respective successors and/or assigns). If the APA has not granted such approval by 3 years following the Effective Date, then Declarant may terminate this Declaration; provided, however, any instrument terminating this Declaration must include, as an exhibit thereto, written documentation from the APA stating that either: (i)AT&T's application has been denied; (ii) the APA has otherwise not acted on AT&T's application; or (iii) AT&T has withdrawn its APA application for the Tower. [Remainder of this page intentionally left blank] - 3 - IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed as of the date first above written. WITNESSES: QUEENSBURY COUNTRY CLUB,INC. By: ame: tt Smith itle: President Date: STATE OF NEW YORK ) COUNTY OF WARREN ) 1� On the_U_day of3trµAr4 in the year 20Wbefore me,the undersigned,personally appeared Scott Smith, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual taking acknowledgment FRANCINE A BUSER Notary Public •State of New York N0.0181-16305178 Oualitied in Saratoga County My Commission Expires Jun 2.2018 EXHIBIT A Descriptions of the Properties Parcel One ALL THAT PARCEL OF LAND located in the Town of Queensbury, Warren County, New York,consisting of 18,79}acres, and being a part of 2,000 acres of land granted to John Lawrence and others as more particularly shown on a map,the details of which are as follows (the"Map") Title "Map of a Survey made for John L&Edith L Bowman&Eleanor L Bowman" Dated April 29,2003 Surveyor Van Dusen & Steves Land Surveyors, 169 Haviland Road, Queensbury, New York 12804,License No 50135 Filed July 13, 2003,Warren County Clerk's Office Map File Plat B-229 AND more particularly described as follows BEGINNING at a capped iron rod set located on the westerly boundary of Ridge Road NYS Route 9L(hereinafter"Ridge Road"),which point is the southerly point of the parcel conveyed on Ridge Road,as shown on the Map,and then running the following six(6)courses and distances (1) North 81 degrees 12 minutes 50 seconds West a distance of 487.54 feet along lands now or formerly of John Kubricky& Sons,Inc to a point for a corner marked by a capped iron rod set,then (2) North 9 degrees 7 minutes 4 seconds East a distance of 1,247.40 feet along lands now or formerly of Queensbury Country Club to a point for a corner marked by an iron pipe,then (3) South 81 degrees 42 minutes 56 seconds East a distance of 655.84 feet along lands now or formerly of Eleanore L Bowman and now or formerly of John L Bowman and Edith L Bowman to a point for a corner marked by and iron pipe, then (4) South 8 degrees 17 minutes 4 seconds West a distance of 1,119.35 feet along lands now or formerly of Dale Baldwin to a point for a corner on the westerly boundary of Ridge Road marked by a capped iron rod set,then (5) South 63 degrees 44 minutes 51 seconds West a distance of 146.13 feet along the westerly boundary of Ridge Road to a point,then (6) South 61 degrees 30 minutes 45 seconds West a distance of 82.45 feet along Ridge Road to the point of beginning. CONTAINING 18.79 acres of land,more or less. Parcel Two ALL THAT PIECE OR PARCEL OF LAND,situate in the Town of Queensbury, County of Warren and State of New York, bounded and described as follows; ALL that portion of those premises described in a certain Deed from Walter D. Swainson to Walter D. Swainson and Ruth E. Swainson,dated May 23, 1950 and recorded in the Warren County Clerk's Office on June 17, 1950 in Book 288 of Deeds at page 483, lying southerly of the southerly line of what is known as the Farm to Market Road in said Town of Queensbury and more particularly described as follows: BEGINNING at a point in the southerly line of said road, which point lies 350 feet westerly of the point of intersection of the easterly line of the premises described in said deed of May 23 1950 with the southerly line of the aforementioned Farm to Market Road, and from said point of beginning running southerly and at right angles to the southerly line of the aforementioned road 200 feet;thence westerly and parallel with the southerly line of the aforementioned road 200 feet;thence northerly and at right angles to the aforementioned southerly line of said road 200 feet to the southerly line of said road,thence easterly along the southerly line of said road 200 feet to the place of beginning. EXHIBIT B Site Plan N YORK STATE ROUTE 149 —�� c �go 6 s +�sr a�,n caxir,au ,mua 5� uav+n e o„ urw+.xa• wa++inr�,au 9 24 9 G �• .VFA if FlYiOT ams .m.a � r d t �• 9R TMera. ur.0 '� rn.a� LAN s1 i V 8� Dun®.$ ---- Y+a oc uD.ota®cea y,vnmt to m�p Steven = awtrsot m,n°er�aa w� Land Surveyors EXHIBIT C Affected Area All that land lying and being in the Town of Queensbury, County of Warren, State of New York, bounded and described as follows: Affected Area of Parcel One All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York,more particularly bounded and described as follows: BEGINNING at a point in the southwest corner of the lands of the Queensbury Country Club Inc. as described in book 1405 of deeds at page 161 in the northerly bounds of lands now or formerly of John Kubricky and Sons Inc. property and at a point on said line 491.38 feet westerly as measured along said line from a capped iron rod set in the westerly bounds of Ridge Road,NYS Highway Rte 9L; running thence North 08 degrees, 02 minutes and 43 seconds West,along the westerly bounds of said lands of Queensbury Country Club Inc., as described in book 1405 of deeds at page 161, a distance of 130.08 feet to a point therein for a corner; thence running easterly and southeasterly along a curve to the right having a radius of 200.00 feet,a distance of 224.55 feet to a point in the southerly bounds of said lands of Queensbury Country Club and the northerly bounds of lands of John Kubricky and Sons Inc.; thence running along said lands,South 81 degrees,37 minutes and 22 seconds West,a distance of 169.35 feet to the point and place of beginning, containing 0.35 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. Affected Area of Parcel Two All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County Warren and the State of New York,more particularly bounded and described as follows:BEGINNING at a point being the southeast corner of the lands of the . lands conveyed to Queensbury Country Club Inc. by deed recorded in book 370 of deeds at page 108,being also in the northerly bounds of lands of John Kubricky and Sons Inc. and at a point in said line 491.38 feet westerly as measured along said line from a capped iron rod set in the westerly bounds of Ridge Road,NYS Highway Rt. 9L; thence running along said lands of Kubricky, South 81 degrees,29 minutes and 11 seconds West, a distance of 206.27 feet to a point in the southerly bounds of said lands of Queensbury Country Club Inc.;thence running northeasterly through the lands of said Queensbury Country Club Inc., along a curve to the right having a radius of 200.00 feet, a distance of 263.38 feet to a point in the easterly bounds thereof and the westerly bounds of the lands conveyed to Queensbury Country Club Inc. by deed recorded in book 1405 of deeds at page 161; thence running along said westerly bounds, South 08 degrees,02 minutes and 43 seconds East, a distance of 130.08 feet to the point and place of beginning, containing 0.47 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. 1 Doc No:903231.1 Exhibit K a'L September 5,2013 RE: Application of New Cingular Wireless PCS,LLC d/b/a AT&T(Tax Map Parcel No. 279.-1-48) Ladies and Gentlemen, With respect to the above application, and pursuant to Town of Oueensbury Town Code Section 179-5-130, Telecommunications Towers J(1),AT&T Mobility, Inc.agrees to construct a tower facility that is designed with capacity for co-location use by at least two(2)wireless providers in addition to AT&T. Should the tower be approved and constructed,the tower owner will negotiate in good faith with other licensed wireless service providers for future shared use of the subject wireless communications structure. All future co- locations will be subject to both parties reaching agreement on reasonable terms,and there being adequate sttachtral capacity and space to accommodate such co-Iocation. Thank you for considering our application. a Melissa Semidey Sr.Real Estate&Construction Manager Network Operations for Upstate New York AT&T i Exhibit L re NOTICE F INCOMPLETE PER141T APPLICATION ALBA Project No. 2015-17 1 ;project Sponsor: Autho rized Representative: New Cingular Wireless PCS, LLC Thomas Puchner, Esq. (AT&T), Melissa Semidey Phillips Lytle. LLP 584.1 Bridge Street Omni Plaza 30 S. Pearl St. Fast Syracuse, NY 13057 Albany, NY_ 12207 Date ApplicationReceived: February 3, 2015 Type of Project Lease of land and a. major public, utility use involving installation of a new 130' tall monopole telecommunications tourer, with related antennas and equipment shelter. Location of Project: Ridge Road Warren County: Town of Queensbury Land Use Area: Moderate Intensity Use Tax Map No, : Section: 279 Block: 1 Parcel: 48 Dear Mr. Puchner: The Adirondack Park Agency recently received your permit application which provided important .information regarding your proposed project. After reviewing this information, we have determined that your application is incomplete, Attached is a list of information required for a complete application. This information is necessary to help staff fully understand the proposed project and to enable the Agency to mare the determinations required to meet the applicable criteria for issuance of a permit.. Please be aware that the project review period established by law will not begin until the Agency has received all of the requested information identified. on the: attached .list and has mailed to you a Notice of Complete Permit Application; Do not undertake your project until a permit has been issued by the Agency. "Undertake" includes, but is not; limited to, any construction activities, such as excavation or other lana disturbance,, tree ,cutt.ing, and installation of driveways or roads, or in the case of subdivision, the conveyance of any lots . *This Notice is .issued: pursuant to Section. 809 (2) (b) Adirondack Park Agency Act and. Section 572.7 of the Adirondack Park Agency Rules and Regulations . Date` Richard F. Weber, III Deputy Director (Regulatory Programs) Adirondack Park Agency Attachments P,t? Bo 99 NYS Route 86 w Ray Brood,NY 12977-Tel- 518 391-=0SO.°F em, 518 891-3938 ............... .............. .............. .................. ---—----------- Thomas Puchne-T, Esq. February 1S, 20115 Page 2 of 3 RF,O_UESTED INFORMATION APA Project No. 2015-17 Please provide the information listed below. If you have any questions regarding this Notice of Incomplete Application or the project review process, please contact APA Environmental Program Specialist (EPS) Virgin±a Yamrick who is assigned to review y6ur project. If the EPS has not yet been to the project site, please contact the EPS and arrange for a site visit. Site visits should be scheduled well in. advance. Please be advised that if you substantially change the project at any time, the application may be deemed. a "new application," a new review period will begin,. and other information may be required. If you decide to withdraw the project application or postpone it for more than six months, please inform the Agency in writing so Agency records can be kept current and our attention can be focused on active projects.. Additional Information Based on the application, materials submitted to date, we request the following additional information to further clarify your proposal and to enable the Agency to make the required findings and determinations: 1. As shown on Sheet T-3 (Overall Proposed Site Plan) , a 200 . foot no-cut vegetative buffer from the center of the proposed tower, is shown. A portion of that no-cut zone extends onto adjoining property- owned ,hy others . Please. provide documentation (executed landowner agreement, easement, lease, etc. ) which. ensures removal of those trees (,other than natural causes) is prohibited. during the lifespan of the proposed tower. Zn.n the event there are natural causes which cause removal of tho.se trees, please. include, a mechanism in that, agreement which allows for -replanting/vegetative restoration of those trees . 2. The Local Government Notice Form, for. the project indicates that a Use Variance is required from, the Town of Queens-bury for the proposed. project. Pursuant to §574 . 6 of the Agency' s Rules and Regulations, "the Agency will not: approve a project which has been denied a permit or which is a- prohibited use under local toning requirements and other local laws or ordinances". Please forward copiesof all minutes. of meetings, correspondence, determinations, or approvals issued from the Town. .......... ........... ..............- .............. .Thomas Puchner, Esq. February 18, 2015 .Page 3 of 3 3 . During the visual analyses that were conducted, a 5 .5± foot diameter balloon was extended to the height of the proposed tower.- The simulations for the proposed monopole tower (126., centerline AGL) depict an. antenna array. Please review and verify the size of the simulated antenna array in relation to the balloon diameter for each of the simulations provided. It appears that the antenna array/tower simulations as provided do not correspond to the size of the balloon (in some of the photos, the antenna arrays appear too small) . Therefore, please compare the photos and simulations, and provide revised photo simulations for- those where a discrepancy is noted. It is not necessary to resubmit simulations for thosethatwere considered to be accurate. REW:VY: s,lp APA Form (1st Public Notice Letter) May 2004 NEW AdiroRnAdack parkagency MAJOR PROJECT PUBLIC NOTICE APPLICATION RECEIVED APA PROJECT No . 2015-17 Date: February 6, 2015 The purpose of this Notice is to inform you that the permit application described below was received by the Adirondack Park Agency on February 3, 2015 and to solicit any written comments you may have regarding it at this time. When the application has been deemed complete by the Agency, another notice with a more detailed project description will be provided to you, and you will have another opportunity to provide written comment relevant to the Agency' s review. This notice is being sent to adjoining landowners to the project site to the extent they were identified in the application; the Chairman of the County Planning Board; Chairman of the Regional Planning Board, if any; the chief elected officer, clerk and planning board chairman, if any, of the town or village where the project is located; and the Adirondack Park Local Government Review Board. It is not necessary to respond to the letter unless you want to do so. If you wish to provide written comments, mail them to Virginia Yamrick, the assigned APA Environmental Program Specialist . PROJECT SPONSOR, LOCATION AND DESCRIPTION The Agency received an application on February 3, 2015 from New Cingular Wireless PCS, LLC for a project proposed in the Town of Queensbury, Warren County, on or near Ridge Road in an area designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Plan Map. The tax map number. of the property site is: Section 279, Block 1, Parcel 48.. The attached map shows the approximate location of the project site. The Agency is currently reviewing the application for completeness. The project is briefly described as follows : Lease of land and a major public utility use involving the installation of a new 130 foot tall monopole telecommunications tower with related antennas & equipment shelter. Date Richard E. Weber III Deputy Director (Regulatory Programs) REW:VY: slp cc: New Cingular Wireless PCS, LLC - Melissa Semidey Kubrickey Construction Corporation Thomas Puchner, Esq: Adjoining Landowners Town, County & LGRB officials P.O.Box 99• NYS Route 86•Ray Brook,NY 12977•518 891-4050 • 518 891-3938 fax •www,ai)a.ny.gov DUL 1 00 • c YMCA m ORv� Camp _ arrisen� D f C^•..�b Golf I � ttsWORrp \ l • �' RDAO 438 Course m i 40 7 •_� F= .149 // \ r , 359 f? Com_ x I x x x 144 � X,\ ice- •••\\% - X DU ILar y _ 0�1 v-3 / P 4 Ridge R \�CemN ay •JenkLnSVille /HOPKIN AD —I Ch Pale eow .' SANDE I x x I Ridgew , ly ROAD Jenkinsville .y` or.Patte J p Park a /I WESTCOrT J een bury/ Z 1 \ OP'J• of BAY MARUNI HOED • W/T7 ,.7 elda ' + • •ROAD +C rnerS SUN s Lake 14 • \'��I� 93 \J Py S NYSID39 8R s 358 Q / v ' r D Lake •54 Hn ea UNNi- nnysi 358 a Su si e S E Tax Map Parcel Boundary -o 1 0 New Yoik State Adirondack PR02-Planimetric Base Map and Parcel Boundaries Park o Agency Geographic lnfonnation System "AUSW nWmgIJ2130.ep, 02106/15 Scale 1:21030 Exhibit M VISION Engineering CIVIL • STRUCTURAL• MUNICIPAL• ENVIRONMENTAL August 8, 2015 Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: New Cingular Wireless, PCS, LLC Telecommunications Tower Application(s) Stormwater Mitigation Attn: Laura Moore, Land Use Planner This correspondence is being provided to clarify the simplified stormwater design calculations and measures depicted on VISION Engineering, LLC Drawing T-3 for the above project. The project is located in the Town of Queensbury and the Lake George Park, and is subject to regulations for stormwater management and erosion and sediment control. In review of the applicable regulations, it is our determination that the project is not classified as "land development activity" as defined in the Town regulations applicable to land development and/or disturbance which exceed 1-acre. However, since the project is within the limits bound by the authority of the Lake George Park Commission (LGPC), additional regulations apply. This project is estimated to disturb 9148 square feet of land in order to develop the proposed telecommunication compound and install site utilities. According to the LGPC stormwater regulations, and the standards also implemented by the Town, this project would be a "Minor" project classification since it disturbs less than 15,000 square feet. Minor projects are permitted to utilize a simplified methodology for mitigation of stormwater runoff. The standards require, when using this method of simplified analysis, that the runoff be calculated using 1.5 gallons of runoff for every square foot of net increase in impervious area proposed. The 1.5 gal/sf of runoff is equivalent to 2.4-inches of precipitation/runoff which must be mitigated through use of stormwater devices such as on-site storage and infiltration. The project proposes to install a telecommunication compound which consists of 12-inches of No. 1&2 stone bedding. This entire stone bedding is being utilized as a temporary storage device (utilizing voids) until the "runoff' can infiltrate into the subsurface below. The subsurface was field tested and determined to have a varying infiltration rate. However the slowest measured infiltration rate was 3-inches per hour. In more simplified terms, the subsurface can infiltrate three inches of precipitation/runoff/water in just one hour. The proposed 12-inch stone bedding has a storage capacity of 4.8 inches per square foot (12" x 40% void ratio). This means the required 2.4 inches of runoff, based upon the simplified approach, can easily be stored entirely within the stone bedding. According to field testing results of 3-inches per hour for a subsurface infiltration rate, the required 2.4-inches of runoff would fully drain into the subsurface in just 48 minutes, then the full capacity of the stone bedding would be available for the next storm event. It is noteworthy to state this simplified type of analysis assumes the entire area proposed for development is impervious and is not based upon the 1.5 gallons per square foot being applied to only the net increase in impervious. What is depicted on Drawing T-3 in the Stormwater Mitigation notations is similar to the above methodology and analysis. However, Drawing T-3 shows the actual design storm events for this location, often required of such an analysis, rather than the simplified requirements of the LGPC. As can be seen from reviewing the design storm event precipitation amounts, the stone bedding proposed can store up to the entire 50-year design storm precipitation of 4.8-inches, without requiring any infiltration. What the calculations also indicate is that the 100-year storm event can easily be 16 Pearl Street•Suite 200•Glens Falls, NY• 12801 •P: 518.792.9264• F: 518.792.9282 www.visionengineering.org accommodated by the stone bedding, with only a minimal amount of infiltration required over the 24- hour storm period. Considering the conservativeness of the above simplified analysis, and considering only minimal (0.21 acres) land disturbance is proposed, and further considering only a small amount of impervious cover is actually planned for the project, it can be concluded that the stone bedding proposed, utilized as a temporary storage device until infiltration can take place into the subsurface, is adequate for this applications and the proposed development to meet the intent of the regulations to mitigate runoff and reduce stormwater impacts on nearby environmental resources. Sincerely, Daniel W. Ryan, P.E. 2 Exhibit N Yzw York State Department of Environmental Conservation AdMOL Division of Environmental Permits dddmmbh- 232 Golf Course Road, Warrensburg,NY 12885 Phone: (518)623-1281 •Fax: (518)623-3603 Website vvww.d C n g,.. Joe Martens Commissioner June 25,2012 Mr. Stephen Griffin Mine File#50232 Kubricky Construction Corp. DEC # 5-5234-00022/00001 269 Ballard Road Permit Expiration Date: 06/24/2017 Wilton,NY 12831 County: Warren Town: Queensbury Dear Mr. Griffin: Your DEC mining permit and permit sign are enclosed. The permit sign must be conspicuously posted at the entrance to the mine site. if the permit or permit sign is lost or destroyed, contact this office for a certified copy. The operation of the mine must comply with the provisions of the New York State Mined Land Reclamation Law,the Rules and Regulates pertaining to the law,the approved Mined Land Use Plan, and the conditions attached to this permit. BE SURE TO READ THE PERMIT CONDITIONS. THEY INDICATE HOW THE MINE MUST BE OPERATED AND RECLAIMED. FAILURE TO OBSERVE ANY OF THESE CONDITIONS WILL CONSTITUTE A VIOLATION OF THE LAW. The approved mining plan map referenced on page 1 of the permit shows all areas to be affected by mining until the end of the permit term. All mining activity must be confined within the approved areas. Before conducting any mining activity not approved under your existing permit, you must apply for and receive a permit modification from the Department. In the event the permittee intends to expand the life of mine acreage, please be aware of the following,the permittee will delineate the life of mine boundary on the ground by stakes and flagging. The stakes must be at least 3 feet high. The distance between these flagged stakes must be no greater than 75 feet measured laterally between stakes inserted in the ground along the life of mine boundary. This delineation will be based on the life of mine boundary as shown on the approved mine plan map. The staked and flagged boundaries must be maintained until final reclamation is approved. When applying to renew your permit please allow 60 days for processing. If you decide to stop mining, you must file a "Mining Termination Notice" at least 60 days before the expected mining termination date. Notices are available at this office. This permit does not release you from the need to secure the approval to mine from other State agencies or local governments if they require it. If you have any questions, please contact the Minerals OfHarem 623-12 78 - io :� Enclosures Deputy Regional Permit Administrator C Minerals, Warrensburg Town Supervisor- certified �r a NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IRMW Facility DEC ID 5-5234-00022 PERMIT Under the Environmental Conservation Law_(ECL)..... ......... .... .......... ...... ..... ................ .................................-................. ...................— ... Permittee and Facility Information . ............................. ............... ..............-.-.---- Permit .......Permit Issued To: Facility: KUBRICKY CONSTRUCTION CORP KUBRICKY CONSTRUCTION CORP 238 BAY RD RIDGE RD PO BOX 3202 GLENS FALLS,NY 12801 GLENS FALLS,NY 12801-3202 Facility Location: in QUEENSBURY in WARREN COUNTY Facility Principal Reference Point: NYTM-E: 611.204 NYTM-N: 4805.073 Latitude: 43'23'25.1" Longitude: 73'37'37.1" Authorized Activity: The mining of sand and gravel, and material processing by screen and crushing, on lands owned by the permittee. Approved operations involve a total of 3.8 acres of affected land during the permit term. The affected acreage comprises a portion of a 7.8 acre life of mine area, with 4.0 acres of concurrent reclamation completed and approved by the Department, to date. This is a renewal of the previous permit. Permit Authorizations —---------- Mined Land Reclamation - Under Article 23, Title 27 Permit ID 5-5234-00022/00001 Renewal Effective Date: 6/25/2012 Expiration Date: 6/24/2017 YSDEC Approval ...................................._'__..1 ......................_..._NYS ...................... ......... ... By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator:MARC S MIGLIORE, Deputy Regional Permit Administrator Address: REGION ARRZENSBt. l G SUB-OFFICE 232 GO _'0t)RSF R . WADI S J RG, N 8 5 2S, Z Authorized Signature: Date 61 0,12........................../ .................. .......................... --------------- Page 1 of 5 da NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 5-5234-00022 Permit Components ...................................-- —------ . ........................ -----------------—–-----------.............................................................. MINED LAND RECLAMATION PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS MINED LAND RECLAMATION PERMIT CONDITIONS .................................................. ........................................ .....................------------------------ 1. Bond, Surety to Remain in Force Any required reclamation bond or other surety, in an amount determined by the Department, shall be maintained in full force and effect. Such a bond or other surety shall not be terminated until the reclamation of the mined area is approved by the department in writing. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such plans were approved by DEC Staff on 6/14/2012 and consist of the following items: Mining Plan Map revised on 4/23/2012, Reclamation Plan Map updated 11/27/2006, and Mined Land Use Plan narrative dated July, 1979. All items prepared by Kubricky Construction Corp. MINING 3. Maintain Area Markers for Permit Term The permittee shall provide permanent markers such as stakes, posts or other devices acceptable to the Department to identify and delineate the permit area, as outlined on the approved Mining Plan Map. These markers are to be installed prior to the start of mining and shall be maintained for the duration of the permit term. 4. No Unpermitted Discharge Outside Limits of Mine There shall be no natural swales or channels or constructed features such as ditches, pipes, etc., that are capable of discharging waters to any offsite areas or to any areas outside the limits of the Life of Mine except those explicitly described and shown in the narrative and graphic portions of the approved Mined Land Use Plan. All silt laden water and storm water generated on, or running across, the site shall be retained within the approved project area. The permittee must comply with all applicable State Pollutant Discharge Elimination System (SPDES) permit requirements and provide necessary notifications for off-site point source discharges. 5. Clear Trees, Etc., Dispose of Properly Before Mining All trees, stumps, and brush must be cleared from areas of the mine site to be mined during any calendar year and disposed of in a manner approved by DEC before mining for that year begins. 6. Strip and Stockpile Soils for Reclamation Prior to the excavation of previously undisturbed areas, topsoil and overburden shall be stripped, stockpiled separately, and used for reclamation of mined areas. These stockpiles shall be seeded to establish a vegetative cover within 30 days, or as soon as practicable following their construction. The permittee shall locate all overburden stockpiles within the permitted Page 2 of 5 ea NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 5-5234-00022 area of the approved Life of Mine. Sufficient quantities of topsoil must be retained on the site for use in reclamation, unless prior approval is granted by the Department. 7. Dust Control Water or other approved dust palliatives must be applied to haulageways and other parts of the mine, as often as necessary, to prevent visible dust from leaving the mine property. 8. Prevent Contamination of Water Any contamination of surface or subsurface water must be prevented. 9. Fueling of Equipment and Reporting of Spills Fueling of equipment shall be controlled to prevent spillage. Any spillage of fuels, waste oils, other petroleum products or hazardous materials shall be reported to the Department's Spill Hotline number (1-800-457-7362) within 2 hours. The permittee shall retain the Department's Spill Response number for immediate access in the permittee's office and at the mine site. 10. Mining at Least 5' Above Groundwater All mining must be conducted at least 5 feet above the mean annual high groundwater table. The permittee must dig occasional test holes in the mine floor at least five feet deep in order to determine compliance with this condition. 11. Minimum 25' Separation From Property Line No mining activity of any kind, including clearing and grubbing, shall occur within 25 feet of any adjacent property line or right-of-way. When mining is conducted lower than the adjacent property, the distance from the floor of the mine to the nearest property line shall be no closer than 25 feet plus 1.5 times the depth of the excavation. 12. No Wastes at Mine There shall be no disposal, storage, transfer or processing of trash or garbage, demolition debris, or other wastes regulated under the Environmental Conservation Law in the mine. RECLAMATION 13. Cover Large Rocks and Boulders Large blocks of rocks, boulders or similar materials remaining within the permit area shall be removed or covered with a minimum compacted depth of two feet of cover material with a soil composition capable of sustaining vegetative growth. 14. Bury, Remove Wastes All waste generated by mining activity, including trees, stumps, brush and rock rubble must be buried at the mine site or otherwise disposed of in a manner approved by the Department. 15. Soil Cover for Plant Growth Portions of the permit area incapable of supporting vegetative growth shall be covered with a minimum of six inches of cover material with a soil composition capable of sustaining plant growth. 16. Final Reclamation Grades All affected areas of the mine shall shall not exceed final grades as depicted in the approved mining and reclamation plans. 17. Successful Revegetation Standard Revegetation of the mine site to perennial grasses must be established over a minimum of 75%. Lime, fertilizer, seed and mulch must be applied to reclaim the mine site in accordance with the approved mined land use plan. 18. Removal of Stockpiles and Equipment All mineral stockpiles, mining and processing equipment, andpersonal property must be removed from the life of mine area at the time of final reclamation. Page 3 of 5 r Am dakwo NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 5-5234-00022 19. Successful Revegetation The permittee must successfully reclaim the entire life of mine area within two years of the permit expiration date, according to th approved reclamation plan. GENERAL - Apply to ALL Authorized Permits....,_......... ... L.....I ..... ................................................................... -------.................................................... 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71.- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit,renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires, Any renewal, modification or transfer granted by the Department rtment must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator REGION 5 WARRENSBURG SUB-OFFICE 232 GOLF COURSE RD WARRENSBURG, NY12885 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Mined Land Reclamation. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; Page 4 of 5 ea NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 5-5234-00022 d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. ..................... N_ OF OTHER PERMITTEE SF ...... ............ -........................................-------------- Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item : Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and'rights-of= way that may be required to carry out the activities that are authorized by this permit. Item : No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. r Page 5 of 5