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AviationMallGF_VarianceAndSPRApplication_20160614
ZONING BOARD OF APPEALS of the TOWN OF QUEENSBURY PLANNING BOARD of the TOWN OF QUEENSBURY WARREN COUNTY, NEW YORK In the Matter of the Application of CELLCO PARTNERSHIP d/b/a Verizon Wireless Lands n/f of City of Glens Falls Aviation Mall Road Queensbury, New York 12804 Section 302.9, Block 1, Lot 43 STATEMENT OF INTENT and APPLICATION FOR AREA VARIANCES and SITE PLAN REVIEW Submitted by: Tectonic Engineering Jackie Bartolotta, Real Estate Project Manager,Consultant 3495 Winton Place,Building E,Suite 260 Rochester, New York 14623 (585) 270-8373 Tectonic Engineering&Surveying Consultants,P.C. Steven Matthews,P:E. 36 British American Blvd,Suite 101 Latham,New York 12110 (518) 783-1630 Bob Watson Turning Mill Consultants Inc. 68 Tupper Road #3, Box 1159 Sandwich,Massachusetts 02563 Tel: (508) 888-4383 Cell: (508) 243-7129 Young, Sommer,Ward, Ritzenberg, Baker &Moore, LLC David C. Brennan, Esq. Executive Woods Five Palisades Drive Albany, New York 12205 (518) 438-9907 Dated: June 13, 2016 TAB A General Information Tax Parcel ID Number: 302.9-1-43 Zoning District: PR-42A Detailed Description of Project [includes current& proposed use]: This is the site of an existing City of Glens Falls water tank. Verizon Wireless proposes to collocate 12 panel antennas and a microwave dish on the tank and to install an equipment platform on the ground. Location of project: Off the Northway/Aviation Mall Road (south of Aviation Mall) Applicant Name: Cellco Partnership d/b/a Address: 1275 John St., Suite 100 Verizon Wireless West Henrietta, NY 14586 Home Phone Cell: Work Phone 585-270-8313 Fax Jackie Bartolotta E-Mail: jbartolotta@tectonicengineering com Agent's Name David C. Brennan, Esq. Address: 5 Palisades Drive >; Young/Sommer LLC Albany, NY 12205 Home Phone Cell: 518-229-8699 518-438-9910 x 224 518-438-9914 Work Phone Fax E-mail dbrennan@youngsommer.com Owner's Name City of Glens Falls Address 42 Ridge St. Glens Falls, NY 12801 Home Phone Cell Work Phone Fax 518-761-3800 E-mail 1 Area Variance Revised March 2014 Town of Queensbury•Zoning Office•742 Bay Road-Queensbury,NY 12804•518-761-8238 Site Development Data Area/Type Existing sq. ft. Proposed Total.sq. ft. Additions .ft. A. Building footprint WATER TANK 6,114 N/A 6,114 B. Detached Garage N/A N/A N/A C. Accessory Structure(s) 306 184 490 D. Paved, gravel or other hard surfaced area 10,100 871 10,971 E. Porches/ Decks N/A N/A N/A F. Other N/A N/A N/A G. Total Non-Permeable [Add A-F] 16,520 1,055 17,575 H. Parcel Area [43,560 sq. ft. /acre] 120,473 sq. ft. I. Percentage of Impermeable Area of Site [I=G/H] 13.7 0.9 14.6 Setback Requirements Area Required Existing Proposed, Front[1] 100' 75' 28' Front [2] N/A N/A N/A Shoreline 150' N/A N/A Side Yard [1] 100' 120' 224' Side Yard [2] 100' 21' 101' Rear Yard [1] N/A(TRIANGLE LIT) Rear Yard [2] N/A N/A N/A Travel Corridor N/A N/A N/A Height [max] 35' 146' 12' Permeability 90% 86.3% 85.4% No. of parking spaces N/A N/A N/A 2 Area Variance Revised March 2014 Town of Queensbury•Zoning Office• 742 Bay Road•Queensbury, NY 12804•518-761-8238 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? No 2. If the parcel has previous approvals, list application number(s): Unknown 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? Yes X No 4. Estimated project duration: Start Date TBD End Date 6-8 weeks from start of construction 5. Estimated total cost of project: $145,000 6. Total area of land disturbance for project: 0.01 Floor Area Ratio Worksheet N/A FLOOR AREA RATIO (FAR) --The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning 1District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate/Commercial Intensive CM /Cl 0.3 Main Street MS 0.3 A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See"FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. A. Parcel Area s .ft. B. Existing Floor Area sq. ft. see above definition C. Proposed Additional Floor Area s .ft. D. Proposed Total Floor Area s .ft. E. Total Allowable Floor Area Area x see above table If E is larger than D, a variance or revisions to your plan may be needed. Please consult w/Staff. 3 Area Variance Revised March 2014 Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804-518-761-8238 Compliance with Zoning Ordinance Requesting relief from SECTION: 179-3-040(A)(6)[2] & [Il] Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply] N Setback ❑ Buffer Zone ❑ Lot Width N Other percent permeable The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to, nearby property will be created by the granting of this area variance? See Statement of Intent- No.The addition of antennas, painted to match the water tank color and base station equipment hidden behind existing trees will be substantially invisible to the public. 2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance? See Statement of Intent- It is not. The existing driveway and access to the site require placement of the base equipment where proposed. The existing development does not meet the front setback or permeability requirements. 3. Whether the requested area variance is substantial? See Statement of Intent- It is not. There is no true frontage on this site. From all appearances, it is set back a considerable distance from the Mall loop road and is on the opposite side of high tension wires. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? See Statement of Intent- It will not. The addition of antennas, painted to match the water tank color and base station equipment hidden behind existing trees will be substantially invisible to the public. 5. Whether the alleged difficulty was self-created? See Statement of Intent- It is not. The existing site is the only tall structure in the area for collocation. The existing site already does not meet the setback and permeability requirements. 4 Area Variance Revised March 2014 Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238 Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. A. GENERAL SHEET# 1 Title, Name,Address of applicant&person responsible for preparation of drawing T-1 2 Deed TAB 2 3 North arrow,Tax Map ID,date prepared and scale[minimum 11n.=40 ft.] C-1, C-2A 4 Boundaries of the property plotted to scale,zoning boundary AD-1, C-1 5 Principal structures, accessory structures with exterior dimensions C-2A 6 Site improvements incl.outdoor storage areas,driveways, parking areas,etc.: existing&proposed C-2A 7 Setbacks for all structures and improvements: existing&proposed C-1, C-2A 8 Elevations and floor plans of all proposed and affected structures C-2A B. WATER&SEINER" SHEET# 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed N/A 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and septic N/A 3 Separation distances for proposed sewage disposal system to well and water bodies N/A 4 Existing public or private water supply[well, lake, etc.]. Method of securing public or private water, location, design and construction of water supply including daily water usage N/A 5 Percolation test location and results N/A C. PARKING/PERMEABLE AREAS SHEET# 1 Number of spaces required for project including calculations and justification: existing&proposed C-2A 2 No, of existing parking spaces, number to be removed, number to maintain and type of surfacing material [e.g.,gravel, paved] N/A 3 Provision for pedestrian and handicap access and parking: existing&proposed N/A 4 Design details of ingress, egress,loading areas and cutting: existing&proposed N/A 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed N/A 6 Lighting, location and design of all existing and proposed outdoor lighting N/A D. ADDITIONAL SITE DEVELOPMENT-AND MISCELLANEOUS ;SHEET# 1 On-site&adjacent watercourses,streams,rivers, lake and wetlands N/A 2 Utility/energy distribution system[gas,electric,solar,telephone]: existing&proposed C-2A 3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts,retaining walls,fences,fire&emergency zones and hydrants,etc. C-2A 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing&proposed C-2A e Signage: Location,size,type,design and setback: existing&proposed N/A f Waiver Request: provide letter with application requesting any waivers: please reference specific items N/A g Commercial/Industrial Development requires submission of Landscaping,Stormwater Management, Grading &Lighting Plans N/A h Identification of Federal, State or County permits required for the project together with a record of application for all necessary permits N/A 5 Area Variance Revised March 2014 Town of Queensbury•Zoning Office-742 Bay Road•Queensbury,NY 12804•518-761-8238 Pre-Submission Conference Form [179-4-0401 1. Tax Map ID 302.9-1-43 2. Zoning Classification PR-42A 3. Reason for Review: Area variance-front setback and permeability 4. Zoning Section#• 179-5-13(c)and 179-3-040(A)(6)[2] & [11] 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: Deed Yes No General Information complete Yes No Site Development Data Complete Yes No Setback Requirements Complete Yes No Additional Project Information Complete Yes No FAR addressed Yes No Compliance with Zoning Ordinance Yes No Checklist items addressed Yes No Environmental Form completed Yes No Signature Page completed Yes No Staff Representative: Applicant/Agent: Date: 6 Area Variance Revised March 2014 Town of Queensbury•Zoning Office•742 Bay Road-Queensbury, NY 12804•518-761-8238 _ � Pre-Submission Conference Form (179-4-0401 � (,�(`[CA.�cacc , I.,Tax Map IQ 302,91-48 2, Zoning Classification PR-42A 3. Table of Allowed Uses Telecommunications Towers subfecttoSitePlan Review 4, Ordinance Section 0 17M-130(c) 5, Pre-Submission Meeting Notes;Outstanding Items To BeAddressed Include: Dead Yer, G) General Information complete No Site Development Data Complete CYW No Setback Requirements Complete No Additional Project Informatlon Complete No 'Coverage under DEC SWPPP Program No FAR Worksheet complete Y No Standards addressed No Checklist tems addressed No Environmental Form completed Signature Page completed Yes No 0 Pr t rI�e c ck vl ami � c � Lu o,-te r( c ;'S Q 17 C 49r CLC-c cnl1W W c rt tccsvrlt , *Annlicant must provide office with Notice of Intent(NOD:SWPPP Acceptance Form.DEC letter Issuing-lzermit number:Notice of Termina Ion(NOT) Staff Representative: '. - Applicant f Agent: r� Date: SIl$Plan Review Revised April 2016 Town of Queensbury Planning Office-742 Bay Road Queensbury,NY 12804.51 B-761-6220 Signature Page This page includes the 1.)Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.)Authorization for Site Visits; 4.) Other Permit Responsibilities; 6.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner: Please see TAB 2 Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Verizon Wireless Designates: Young/Sommer LLC As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date APPLICANT SIGNATURE•' DATE: ckie Bartolotta 2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed$1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein,the Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. b.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the Instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to Issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed,I or my agents,will obtain a certificate of occupancy as necessary. I also understand that Uwe may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to Issuance of a certificate of occupancy I ha v rea and agre to the above. Sig ure[ plicant] Print Name[Applicant] [Yate signed L'Ie�v/_ ���— D"", C'. �,eE,✓�r a,� 1 4 ,c,✓A i L.a�.a �.�G.-Q (,I 13 J�� Si nature[Agent] Print Name[Agent] Dat6 signed 7 Area Variance Revised March 2014 I Town of Queensbury-Zoning Office•742 Bay Road-Queensbury,NY 12804.618-761-8238 f TAB B General Information Tax Parcel ID: 302.9-1-43 Zoning District: PR-42A Lot size: 2.72 acres Current Use: City of Glens Falls Water Tank Proposed Use: Verizon Wireless antennas, collocated on existing water tank Project Location: Off Northway/Aviation Mall Road Applicant Name Cellco Partnership d/b/a Address: Verizon Wireless 1275 John St., Ste 100,West Henrietta, NY 14586 Home Phone Cell: Work Phone 585-270-8373 Fax Jackie Bartolotta E-Mail: jbartolotta@tectonicengineering.co Agent's Name: David C. Brennan, Esq. Address: Young/Sommer LLC 5 Palisades Dr., Ste. 300,Albany, NY 12205 Home Phone Cell: 518-229-8699 Work Phone 518-438-9907 x 224 Fax 518-438-9914 E-mail dbrennan@youngsommer.com Owner's Name: City of Glens Falls Address 42 Ridge Street, Glens Falls, NY 12801 Home Phone Cell Work Phone 518-761-3800 Fax E-mail Site Plan Review Revised April 2016 Town of Queensbury Planning Office•742 Bay Road Queensbury, NY 12804•518-761-8220 Site Development Data Area/Type Euisting sq.ft. Proposed Total sq.ft. Additions .ft. A. Building footprint (WATER TANK) 6,114 N/A 6,114 B. Detached Garage N/A N/A N/A C. Accessory Structure(s) 306 184 490 D. Paved, gravel or other hard surfaced area 10,100 871 10,971 E. Porches/Decks N/A N/A N/A F. Other (i.e. boathouse, sundeck, etc.) N/A N/A N/A G.Total Non-Permeable [Add A-F] 16,520 1 ,055 17,575 H. Parcel Area [43,560 sq. ft./acre] 120,473SF I. Percentage of Impermeable Area of Site [I=G/H] 13.7 0.9 14.6 Setback Requirements Area Required Existing Proposed Front(1] 100' 75' 28' Front[2] N/A N/A N/A Shoreline 150' N/A N/A Side Yard [1] 100, 120, 224, Side Yard [2] 100' 21' 101' Rear Yard(1) N/A (TRIAN LE LOT) Rear Yard[2) N/A N/A N/A Travel Corridor N/A N/A N/A Height[max] 35' 146' 12' Permeability 90% 86.3% 85.4% No. of parking spaces N/A N/A N/A Site Plan Review Revised March 2014 3 Town of Queensbury Planning Office,742 Bay Road•Queensbury,NY 12804.518-761-8220 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? No 2. If the parcel has previous approvals, list application number(s): Unknown 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit Program? No 4. Estimated project duration: Start Date TBD End Date 6-8 weeks from start of construction 5. Estimated total cost of project: $145,000 6. Total area of land disturbance for project: 0.01 acre Floor Area Ratio Worksheet N/A FLOOR AREA RATIO (FAR) --The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio[FAR] Waterfront Residential WR 0.22 Commercial Moderate/Commercial Intensive CM / Cl 0.3 Main Street MS 0.3 A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See"FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. A. Parcel Area sq.ft. B. Existing Floor Area sq.ft. (see definition above) C. Proposed Additional Floor Area sq.ft. D. Proposed Total Floor Area sq. ft. E. Total Allowable Floor Area (Area x ) (see above table) *if D is larger than E, a variance or revisions to your plan may be needed. Please consult w/Staff. Site Plan Review Revised April 2016 Town of Queensbury Planning Office-742 Bay Road-Queensbury,NY 12804.518-761-8220 § 179-9-050 Application for Site Plan Review Absent any waiver or waivers, an application for Site Plan Review shall include the following: REQUIREMENTS Sheet# A A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect or serve it, AD-1 such as roads, shopping areas, schools, etc. The map shall also show all properties, identify owners, subdivisions, streets, and easements within 500 feet of the property. Such a sketch may be superimposed on a United States Geological Survey map of the area. B The site plan shall be drawn at a scale of forty feet to the inch(1"=40 feet) or such other scale as the Planning Board may deem appropriate,on standard 24"x 36'sheets,with continuation on 8)12"x 11"sheets as necessary for written information. The information listed below shall be shown on the site plan and continuation sheets. C Name of the project,boundaries,date, north arrow,and scale of the plan. T-1 D Name and address of the owner of record,developer,and seal of the engineer,architect,or landscape architect. If the applicant is not T-1 the record owner,a letter of authorization shall be required from the owner E The location and use of all existing and proposed structures within the property, including all dimensions of height and floor area, all C-1 exterior entrances, and all anticipated future additions and alterations. F The location of all present and proposed public and private ways, off-street parking areas, driveways, outdoor storage areas, C-1 sidewalks,ramps,curbs,paths,landscaping,walls,and fences. Location,type,and screening details for all waste disposal containers shall also be shown. G The location, height, intensity,and bulb type.(sodium, incandescent, etc.)of all external lighting fixtures. The direction of illumination N/A and methods to eliminate glare onto adjoining properties must also be shown in compliance with§179-6-020. H The location,height,size,materials,and design of all proposed signs. To bE provided I The location of all present and proposed utility systems including: C-2A 1. Sewage or septic system; N/A 2. Water supply system; N/A 3. Telephone,cable,and electrical systems; and 4. Storm drainage system hcluding existing and proposed drain lines,culverts,catch basins,headwalls,endwalls,hydrants, manholes,and drainage swales. N/A J Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, and N/A flooding of other properties, as applicable. A Stormwater Pollution Prevention Plan (SWPPP) for all land development activities (excluding agricultural activities) on the site that results in land disturbance of 1-acre or more. A SWPPP shall comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be required for a site plan review project land disturbance of less than 1-acre. K Existing and proposed topography at two-foot contour intervals,or such other contour interval as the Planning Board shall allow. All AD-1 elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel's within the 100- year floodplain,the area w!II be shown,and base flood elevations given.Areas shall be indicated within the proposed site and within 50 feet of the proposed site where soil removal or filling k required,showing the approximate volume in cubicyards. L A landscape plan showing all existing natural land features that may hfluence the design of the proposed use such as rock outcrops, AD-1 stands of trees,single trees eight or more inches In diameter, forest cover,and water sources, and all proposed changes to these C_1 features including sizes and types of plants. Water sources include ponds,lakes,wetlands and watercourses, aquifers,floodplains, anddrainage retention areas. M Land Use District boundaries within 500 feet of the site's perimeter shall be drawn and identified on the site plan,as well as any AD-1 Overlay Districts that apply to the property. Site Plan Review Revised April 2016 Town ofQueensbury Planning Office•742 Bay Road Queensbury,NY 12804.518-761-8220 REQUIREMENTS CONTINUED Sheet# N Traffic flow patterns within the site,entrances and exits,and loading and unloading areas,as well as curb cuts on the site and within 100 feet of the site. The Planning Board may,at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas,which shall include: 1. The projected number of motor vehicle trips to enter or leave the site,estimated for weekly and annual peak hour traffic levels; Statement of Intent 2. The projected traffic flow pattern including vehicular movements at all major ntersections likely to be affected by the C-1 proposed use of the site; N/A 3. The impact of this traffic on levels of service on abutting public streets and at affected intersections. Existing and proposed weekly and annual peak hour traffic levels and road capacity levels shall also be given. 0 For new construction or alterations to any structure,a table containing the following information shall be included: 1. Estimated area of structure to be used for particular purposes such as retail operation,office, storage, etc.; 2. Estimated maximum number of employees; 3. Maximum seating capacity,where applicable;and 4. Number of parking spaces existing and required for the intended use. See Statemen of Intent P 1. Floor Plans. N/A 2. Elevations at a scale of one-quarter inch equals one foot (1/4"= 1 foot)for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials to be used. Q Soil logs,water supply well and percolation test results,and storm runoff calculations,as needed to determine and mitigate project N/A impacts. R Plans for disposal of construction.and demolition waste, either on-site or at an approved disposal facility. N/A S Plans for snow removal,including location(s)of on-site snow storage. N/A T An Environmental Assessment Form("EAF"),as required by the SEQRA regulations,with Part 1 completed by the Applicant shall be TAB 1 submitted as part of the application. If the proposed project requires a special use permit and an EAF has been submitted in conjunction with a special use permit application,a duplicate EAF is not required for the site plan application.. U If an application's for a parcel or parcels on which more than one use is proposed, the applicant may submit a single application for N/A all such uses provided the proposed uses are accurately delineated on a site plan drawn pursuant to the requirements set forth above. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together. V A brief narrative statement on how the project proposed for review furthers or is consistent with the vision,goals and policies in the Town's Comprehensive Plan. See Statemen of Intent Site Plan Review Revised April 2016 Town of Queensbury Planning Office-742 Bay Road-Queensbury,NY 12804.518-761-8220 Pre-8ubrnission conference Form (179A-040] 4v ccs ct , i.`Tax Map ID 302,9-1-45 2. Zoning Classification PR-42A 3. Table of Allowed Uses Telecommunications Towers subject to Site P Ian FZeview 4, Ordinance Section fi 179-5-130(c) 5, Pre-Submission Meeting Notes,Outstanding items To BeAddressed Include; Deed Y General Information complete 62 No Site Development Data Complete Y No Setback Requirements Complete No Additional Project Information Complete No `Coverage under DEC SWPPP Prooram No FAR Worksheet complete Y No Standards addressed No Checklist items addressed No Environmental Form completed Signature Page completed you No got c � 1 4>l c, i +► -.SCG C fAf� . L oL_ YL.. Cl�L4C4,14t . '_ [-1 t +r-(' a f0 t t�Pc�S ; C0 n1< v(x. � i2 t S fa/1 ra sfc,0C r t C n - '_c Sat'Gk.., , Pat *Aopllcantmust provide offiicevdth Notice of Intent(NO 0:SWPPP Accep ante Form.DEC letter Issuing_armit IIumber Notice of TerminaIon(NOT) Staff Representative: f'�- t'Lx L)► �� Applicant I Agent; _ Date; Site Plan Review Revised April 2016 Town of Quoansbury Punning Office-742 try Road.Queensbury,NY 12B04.M-761-8220 Signature Page This page includes the 1)Authorization to Act as Agent Form:2.) Engineering Fee Disclosure; 3.)Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.)Official Meeting Disclosure and 6.)Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner: PLEASE SEE TAB 2 Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party Owner: Verizon Wireless Designates: Young/Sommer LLC As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date APPLICANT SIGNATURE: i k DATE: �3 I J ckie Bartolotta 2.) ENGINEERING FEE DISCLOSURE:Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed$ 1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It isthe applicant's responsibility to obtain any additional permits. 5.) OFFICIAL MEETING MINUTES DISCLOSURE: It isthe practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I,the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. r certify that the application, plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents,will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to Issuance of a certificate of occupancy I have ad a d agree to above. ,(�.{ t ":0 C. C,,,o cX G 1131 j L Sig [A Ii nt] Print Name[Applicant] ate signed David C. Brennan, Esq. (41111)1, S nature[Agent] Print Name [Agent] Date signed Site Plan Review Revised April 2016 Town of Queensbury Planning Office.742 Bay Road -Queensbury, NY 12804•518-761-8220 TAB C ZONING BOARD OF APPEALS of the TOWN OF QUEENSBURY PLANNING BOARD of the TOWN OF QUEENSBURY WARREN COUNTY,NEW YORK In the Matter of the Application of CELLCO PARTNERSHIP d/b/a Verizon Wireless Premises: Lands n/f of City of Glens Falls Aviation Mall Road,Queensbury,New York 12804 Section 302.9,Block 1, Lot 43 STATEMENT OF INTENT and APPLICATION FOR AREA VARIANCES and SITE PLAN REVIEW I. Introduction CELLCO PARTNERSHIP d/b/a Verizon Wireless("Verizon Wireless"or the"Applicant") proposes the collocation of an unmanned public utility/personal wireless service facility (a "communications facility") on an existing water tank owned by the City of Glens Falls and located off Aviation Mall Road in the Town of Queensbury,Warren County,State of New York(Tax Map Parcel No. 302.9-1-43) (the "premises") [TABS 1,2,and 131. Verizon Wireless is considered a public utility for land use purposes under New York decisional law (Cellular Telephone Company v. Rosenberg', 82 N.Y.2d 364 [1993]) [TAB 41, and a provider of "personal wireless services" under the federal Telecommunications Act of 1996 (the "TCA") [TAB 51. Verizon Wireless' equipment will be in operation twenty-four(24)hours a day, seven(7)days a week,three hundred sixty-five(365)days a year.Copies of the applicable Verizon Wireless FCC licenses are included herewith [TAB 6]. Pursuant to the Town of Queensbury Zoning Law (hereinafter, the "Zoning Law") collocation on an existing tall structure requires Site Plan Review from the Town of Queensbury Planning Board. [§ 179-5-130(C)]. The host property is zoned Parkland Recreation (PR-42A). Verizon Wireless notes that the existing water tank structure is located approximately 75 feet from the front lot line (considering the northerly boundary facing Aviation Mall Road as the front lot line). The proposed base station equipment will be 28 feet from the lot line. Town Zoning Law section 179-3-040(A)(6)[2] requires a 100 foot setback. As a result, an area variance is required. Similarly,Town Zoning Law section 179-3-040(A)(6)[11] requires that land zoned PR-42A have a permeability percentage of 90%. The existing 2.77 acre lot with the water tanks and building is currently at 86.3%permeability. With the addition of the Verizon Wireless base station equipment mounted on an equipment platform and compound area,the permeability percentage is 85.4%. As a result, an area variance is requested from this requirement. Verizon Wireless respectfully submits this Statement of Intent in support of its application for Area Variance relief and Site Plan Approval, 1 In Rosenberg,the State's highest Court determined that the ordinary variance standard is inapplicable and a cellular telephone company applying for relief need only show that(1)the relief is"required to render safe and adequate service," and(2)there are"compelling reasons,economic or otherwise,"for needing the variance. Cellular Telephone Company v. Rosenberg, 82 N.Y.2d 364,372(1993). 1 II. Purpose of the Aviation Mall GF Facility The purpose of the Project is to provide advanced Verizon Wireless 700 MHz 4th Generation Long Term Evolution(4G LTE)services to the Aviation Mall area of the Town of Queensbury. More specifically, the proposed facility will extend coverage 2.0± miles along Interstate 87 (I-87), 1.4± miles along US Highway 9(US-9),1.5±miles along Aviation Road/Quaker Road,and along several miles of local and community roads in Queensbury, and multiple other shopping areas and businesses along and near Aviation Road and US-9. What little coverage there is in this area of Queensbury originates from Verizon Wireless' existing wireless telecommunications facilities called"Glens Falls North" (located 1.6±miles east in the Town of Queensbury), "Glens Falls Downtown" (located 1.7± miles southeast in the City of Glens Falls), "Glens Falls" (located approximately 2.4±miles south in the Town of Queensbury), "Aviation&Dixon" (located 2.6±miles northwest in the Town of Queensbury). All other Verizon Wireless facilities are too far away and/or are blocked by surrounding terrain and vegetative clutter to provide reliable service to the Town of Queensbury. Accordingly, collocation of a new, locally-based communications facility is required to provide a dominant (i.e.,continuous)level of advanced communications service to this area. See, Site Selection Analysis prepared by Verizon Wireless'Radio Frequency(RF)Engineer,detailing the purpose and need for this facility [TAB 7]. This project will provide safe and reliable service to numerous businesses,housing communities and recreational areas,as well as the traveling public. III. Description of Land Use There is an existing 122.6'± (146.3'±when including an existing whip antenna)water tank owned by the City of Glens Falls and located off Aviation Mall Road in the Town of Queensbury. Verizon Wireless' proposed communications facility will consist of the following general components:twelve(12)panel antennas,one microwave dish and associated equipment mounted on the existing water tank at the 108'±ft.above ground level(AGL)centerline height;an 11'6"x 16' equipment platform;and all related ground equipment and utility services(power and telephone) [see, Zoning Site Plan of Tectonic Engineering,included herewith at TAB 131. The communications facility will be located on a 22±ft. x 40±ft. (880±sq. ft.)lease area.A 30± ft. easement area will provide the Applicant with access and utility services to and from the premises. Access will originate from Aviation Road, follow Aviation Mall Road and then will utilize an existing gravel path for direct access to the water tank compound.The Verizon Wireless equipment will be enclosed within a fenced compound expansion of the existing fenced water tank compound. see TAB 13,sheet C-2A]. The proposed communications facility is unmanned, and will be visited for routine maintenance purposes approximately 1-3 times per month. As such,the project will not have any impact on existing water and sewage services. In addition,neither pedestrian nor vehicular access will be significantly impacted. IV. Compliance with Site Plan Review Requirements The proposed communications facility complies in all material respects with the Site Plan Review requirements of the Town of Queensbury Zoning Law,as identified in§ 179-5-130(F): 2 1. General requirements. The Applicant submits a complete, detailed site plan, showing all existing and proposed structures and improvements. [TAB 13]. See TAB 7 for an analysis regarding height justification and justification for the proposed location. 2. Visual Impact Analysis. The Town is referred to TAB 11 for Photo Simulations and Visual EAF Addendum. 3. The existing vegetation for natural screening of the proposed communications facility is illustrated on the Zoning Drawings [TAB 13, sheet C-2A and photo simulations in TAB 11]. A. COMPLIANCE WITH SITE PLAN APPLICATION REQUIREMENTS, §179-9-080 The following standards are listed on page 5 of the Towri s Site Plan Application form: A. Consistency with the Towns Comprehensive Plan - In the Town of Queensbury's Comprehensive Plan (adopted in 2007), the Town identifies the importance of economic stability. One recommendation in achieving economic stability was to increase communications access in the community (Page 52). The Town recognized that communication technology is an integral part of all sectors of today's economy. The Comprehensive Plan also points out that the Town will provide public safety services to its residents (Page 5). It is clear that the Comprehensive Plan was meant to be flexible in allowing new technology that provides a service to its residents, while at the same time protecting the environment and the viewshed that are so important to the community. This proposed communications facility completely accords with these goals. B. All other requirements of the Site Plan Review Law-please see the Town application form, as well as this Statement of Intent with attachments. All other requirements of the Site Plan Review Law and applicable zoning requirements are met,including all dimensional,bulk, and density regulations. C. Pedestrian activity internally-not applicable to this application. D. Sewage and Sewage disposal-not applicable. There will be no water service to the facility and no sewage will be generated or discharged. Please see page 2 of the Statement of Intent. E. Harmony with Zoning Code-Telecommunication antennas are permitted if collocated on any property where a tall structure exists. §179-5-130(C). Further,the proposed facility is in harmony with all other aspects of the Town of Queensbury zoning code,as demonstrated in this Statement of Intent. F. Traffic and parking-the site will only be visited 1 to 3 times a month for maintenance (as needed)and will therefore have no significant impact on traffic and parking. A location for parking service vehicles is provided. See TAB 13. G. Off-street parking and loading-the proposed gravel parking and turnaround area will be infrequently used when maintenance of the facility and/or equipment is required. After installation is complete,other than 1 to 3 maintenance trips a month(as needed),there will not be any parking or traffic generated from this new proposal. H. No undue adverse impact-Noted throughout these materials and in TABS 1 and 11. I. Pedestrian traffic access and circulation-not applicable to this application. J. Stormwater drainage facilities-not applicable to this application. K. Water supply and sewage disposal-not applicable. Please see page 2 of the Statement of Intent and"D" above. L. Screening and existing vegetation - please see the zoning drawings for more details regarding the current vegetation in relation to the proposed communications facility. The 3 existing tree line provides a natural screen for the proposed equipment,and the antennas collocated at 108'centerline will not add any height to the existing water tank and will blend in with the existing structure. M. Fire lanes and fire hydrants-not applicable to this application. N. Design of structures and roadways-please see the zoning drawings[TAB 13]. The design has a minimal impact on the environment and surrounding landscape. As noted on the plans,the facility will be designed to comply with applicable codes. O. Design standards-Please see Town application form and Statement of Intent. All design elements conform to the Town of Queensbury landscaping and design standards. In addition, the Board is referred to the Site Plan Application form, where these requirements are discussed,and the Applicant also references the zoning drawings[TAB 13]for the proposed communication facility. B. COMPLIANCE WITH APPLICABLE REQUIREMENTS FOR"TELECOMMUNICATION TOWERS (including cell towers and antennas)," §179-5-130 Subsection F of section 179-5-130 includes telecommunication specific requirements in addition to the standard site plan review requirements discussed above. 1. For the placement of antennas on an existing tall structure other than an existing telecommunications tower,Verizon Wireless's proposal will meet the following standards (§ 179-5-130(F): (a) Completed Visual EAF Addendum [see TAB 111 (b) Current and proposed landscaping and screening can be seen on page AD-1 and C-2A of the zoning drawings [see TAB 131. The existing landscaping at the telecommunication facility site will not be significantly altered, and any impacts caused to same during the construction process will be remedied. Due to the site's separation from surrounding properties, additional landscaping will not be required to screen lower portions of the water tank from view. (c) Copies of the appropriate FCC licenses [see TAB 61 2. Telecommunications Facility Design (a) Based on the results shown in TAB 7, the significant local terrain variations,distance to surrounding cell sites in the Verizon Wireless network and dense mature vegetation near the site and in the surrounding community,collocation at the 108'center line height of the 122.6' water tank is required to satisfy applicable coverage objectives described above. (b) An engineer's report certifying that the proposed shared use will not diminish the structural integrity of the water tank is attached at TAB 8. (c) The equipment platform with roof and other accessory structures will not be visible off site, and will be a muted gray color to blend with natural surroundings to the maximum extent practicable. (d) The required emergency contact information and RF safety signage will be posted on the Verizon Wireless equipment platform. No other signage is proposed or required. 4 3. §179-5-130[H]:Setbacks.Noting that this is a collocation on an existing water tank site, Verizon Wireless' installations will comply with all existing setbacks within the affected zone. 4. §179-5-130[I]:Access and parking.The telecommunication facility will utilize an existing access road. Parking for service vehicles is provided. [see Site Plan, sheet C-1,TAB 131. 5. §179-5-130[K]:The communications facility and accessory facilities shall be sited to have the least practical adverse visual effect on the environment[see TAB 11]. As noted above, the equipment platform will be a muted gray color, and equipment on the tank will be painted to match and will not be significantly visible off site. The proposed facility has been sited on an existing 122.6' water tank. When viewed in this context, the proposed telecommunications facility is not obviously different from or in contrast to current land uses. As shown in the photo simulations[TAB 11],the areas of visibility are limited. Given the existing water tank, the existing whip antenna, and the need for improved coverage to this area of the Town of Queensbury,the proposal will not diminish the public enjoyment or cause a significant adverse impact to the environment. 6. §179-5-13[M]:Removal upon abandonment.The applicant herewith submits to the Planning Board a letter of intent committing the owner of the telecommunications facility or antenna and his/her successors in interest to notify the Zoning Administrator within 30 days of the discontinuance of use of the facility or any antenna affixed to a tower or other tall structure [see TAB 12]. While properly a matter of federal jurisdiction and not a specific application requirement under the Town of Queensbury Zoning Law,Verizon Wireless has provided a report from a New York State Licensed Professional Engineer (Paul Dugan, P.E. of Millennium Engineering, P.C.), documenting the fact that the communications facility proposed will comply with the categorical exclusion established by the Federal Communications Commission ("FCC") for radio frequency ("RF")signal exposure. Accordingly,the project does not pose any potential RF-based public health or regulatory issues. [TAB 91. The Applicant has also submitted a report certifying that the proposed facility will not interfere with communications devices or other equipment operating in the surrounding vicinity. [TAB 101. C. AREA VARIANCE REQUEST As noted above, two area variances are requested. The first is a variance from 179-3- 040(A)(6)[2] which requires a 100 foot front setback and the second is from 179-3-040(A)(6)[11] which imposes a requirement of 90%permeability on the parcel. As noted herein,Verizon Wireless' proposed communications facility complies in all material respects with the Town of Queensbury's Zoning Law and issuance of the Area Variances by the Zoning Board of Appeals under the Rosenberg standard is appropriate: A. COMPLIANCE WITH ROSENBERG STANDARD: 1. Facility is Necessary: The Applicant has provided expert proof in the form of a report from its Radio Frequency (RF) Design Engineer demonstrating 5 that(i)there is an inadequate and unsafe level of Verizon Wireless coverage in the Aviation Mall and surrounding areas [TAB 7]; and (ii) a new communications facility is necessary to provide adequate and safe hand-held coverage to this area. This report depicts the areas where coverage issues exist, and illustrates the geographic area that the communications facility needs to be located(the"search area")in order to provide adequate and safe signal strength and coverage to the Aviation Mall and surrounding areas [TAB 7]. 2. No Existing Viable Towers or Tall Structures: In connection with this evaluation, the Applicant has retained the services of a real estate expert working in the telecommunications field to assist in the identification of existing towers in and around the search area. Based upon a thorough review of the search area,it is clear that there are no existing,viable towers or other tall structures that can be used to provide adequate and safe service to this area of Queensbury. 3. Proposed Site Meets Coverage Objectives: A propagation analysis showing the adequate and safe level of coverage(in-building and mobile)that will be achieved from the proposed site (Glens Falls Water Tank property) is attached at TAB 7. As this analysis demonstrates,collocation of antennas on the existing water tank will provide adequate and safe Verizon Wireless coverage to 2.0± miles along Interstate 87 (I-87), 1.4± miles along US Highway 9(US-9),1.5±miles along Aviation Road/Quaker Road,and along several miles of local and community roads in Queensbury, and multiple other shopping areas and businesses along and near Aviation Road and US- 9. 4. Scale and Antenna Height: Verizon Wireless' antennas broadcast at extremely low power levels, and need to clear surrounding terrain and all natural and man-made objects to function properly. Accordingly, existing build conditions, dense mature vegetation, terrain and other factors necessitate an antenna height flush with the top edge of the water tank[TAB 71• 4. Rosenberg Relief Necessary and Unavoidable: Based upon the comprehensive evaluation completed by the Applicant's Radio Frequency (RF) Engineering and Real Estate experts, there are no existing towers or other tall structures of sufficient height within the designated search area(or surrounding vicinity) that can be used by Verizon Wireless to provide adequate and safe coverage and capacity to this area of the Town of Queensbury. Furthermore, based on the requirements of the Town of Queensbury Zoning Law and for the reasons described in TAB 7, the proposed property has been chosen as the most viable location for the proposed wireless facility. 5. Site Specific Conditions: As noted above, the host parcel is essentially landlocked. When treating the northerly lot line as the"front",the required setback of 100 feet is not met. The existing water tank is only 75 feet from this lot line. Beyond the lot line is a large utility right of way and then the Aviation Mall loop road. The base station equipment that requires the 6 setback variance will be screened by a combination of existing shrubbery and tall trees. From all locations, the base station equipment is well removed from the travelling public and substantially invisible. Notably, the access road to the City of Glen Falls Water Department Building and adjacent water tanks comes off of the Aviation Mall loop road. Placement of the base station equipment immediately off the existing access road and parking area limits the amount of disturbance associated with the construction. The zoning district that encompasses the water tanks and City of Glens Falls Water Department building is PR-42A which requires 90% permeability. This is a significantly high permeability requirement which while appropriate for open space or parkland,is already exceeded by the existing development on this small parcel associated with the City of Glens Falls Water Department. The existing permeability at the parcel is 86.3%. When adding the base station equipment/compound expansion (which is calculated at 1,055 s.f.) the permeability is 85.4 for the 2.77 acre site. While below the 90%requirement,a permeability of 85.4%is a significant amount. Based upon the foregoing,Verizon Wireless respectfully submits that Site Plan approval is appropriate in this case. In addition,Verizon Wireless notes the following: Public Necessity As noted above and in TABS 4 and 5, Verizon Wireless is recognized as a public utility under New York law and a provider of personal wireless services under the federal Telecommunications Act of 1996. This project is a public necessity in that it is required to render adequate and safe domestic hand-held telephone service (mobile and in-building)to a significant portion of the Town of Queensbury. This, combined with the federal mandate to expeditiously deploy advanced wireless services across the nation and Verizon Wireless'FCC licenses to provide such services in the Town of Queensbury, demonstrates that Verizon Wireless'facility is a public necessity. Without the construction of the communications facility proposed,the public would be deprived of an essential means of communication,which,in turn,would jeopardize the safety and welfare of the community and traveling public. Compelling Reasons for Approval There are compelling reasons, economic or otherwise, for approving Verizon Wireless' application for Site Plan Review. The Applicant's Radio Frequency (RF) Design Engineer has demonstrated that there are significant gaps in Verizon Wireless network coverage(mobile and in-building)in the Aviation Mall portion of the Town of Queensbury,and that by collocating wireless antennas at a centerline height of 108±ft.AGL,Verizon Wireless can provide an adequate and safe level of service to the Town of Queensbury. Collocation on the existing water tank is entirely consistent with the siting preferences of the Town of Queensbury Telecommunications Facility Regulations. Additionally,Verizon Wireless' equipment will be located within an existing fenced compound,including a 20'x 60'expansion. In this context,the communications facility proposed has been sited to have the least practical adverse visual effect on the environment,and any resultant visual impact is minimal in nature and scope. 7 As noted above,the Applicant has proposed a facility that will enable Verizon Wireless to provide adequate and safe coverage to a significant portion of the Town of Queensbury, in accordance with its FCC licenses. In this regard,the proposed communications facility will not give rise to an undue visual impact. V. Conclusion Approval of this project will enable Verizon Wireless to provide an adequate and safe level of hand-held wireless telephone service to a busy area of Queensbury, within the confines of applicable technological limitations and in compliance with all applicable land use requirements. Such approval will also be in the public interest, in that it will allow Verizon Wireless to comply with its statutory mandate to build out its network and provide local businesses, residents and public service entities with safe and reliable wireless communications services.For the reasons set forth herein,Verizon Wireless respectfully submits that this project complies in all material respects with the Site Plan Review requirements of the Town of Queensbury Zoning Law and any potential impact on the community created by approval of this project will be minimal and of no significant adverse effect. Attached to this Application and Statement of Intent are the following: 1. Short Environmental Assessment Form("EAF")prepared by Tectonic Engineering& Surveying Consultants,P.C.; 2. Redacted copy of Lease Agreement between the City of Glens Falls and Verizon Wireless; 3. Deed from J. Robert LaPann and John W. Reardon to the City of Glens Falls; 4. Documentation of Public Utility Status and Overview of the Rosenberg Decision; 5. Overview of Telecommunications Act of 1996; 6. Copies of Verizon Wireless'FCC Licenses for the Warren County,New York area; 7. Radio Frequency (RF) Analysis prepared by the Verizon Wireless Network Engineering Department; 8. Structural Analysis Report of Existing 122.6'Water Tank by Tectonic Engineering& Surveying Consultants,P.C.; 9. Radio-Frequency Safety Report prepared by Paul Dugan, P.E. of Millennium Engineering,P.C.; 10. Non-Interference letter prepared by Verizon Wireless Network Engineering Department; 11. Visual EAF Addendum prepared by Tectonic Engineering&Surveying Consultants, P.C.,with attached photo simulations; 12. Letter with respect to Notice of Abandonment and Removal prepared by Jackie Bartolotta,Real Estate Project Manager,Consultant for Verizon Wireless;and 8 13. Zoning Site Plan Drawings prepared by Tectonic Engineering & Surveying Consultants,P.C. Kindly place this matter on the agenda for discussion at the next meeting of the Town Planning Board. In the meantime, if you should have any questions or require any additional information concerning this project,I can be reached at(518)438-9907. Thank you for your consideration. Respectfully submitted, CELLCO PARTNERSHIP d/b/a Verizon Wireless DJ A David C. Brennan,Esq. Regional Local Counsel Dated: June 13,2016 9 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Verizon Wireless-Aviation Mall GF-Unmanned Wireless Communications Facility Project Location(describe,and attach a location map): Aviation Mall Road,Town of Queensbury,Warren County,NY 12804 Brief Description of Proposed Action: Calico Partnership,d/b/a Verizon Wireless("Verizon Wireless"or the"Applicant")proposes the Installation of an unmanned wireless communications facility located on the existing property.Said property being located approximately 250 feet directly south of the southern most point of Aviation Mall Road.Access to the proposed facility will originate from Aviation Road utilizing a proposed 30'-0"wide access and utility easement along Aviation Mall Road across the NIMO power line easement,and on to the landlocked water tank parcel. In general,the installation will consist of the following:12 antennas and related equipment to be mounted to the existing 122.6'±tall water tank at a center-line height of 108'±,an 11'-6"x 16'-0"equipment platform within a proposed 22'-0"x 40'-0"lease area and fenced compound expansion and all related coaxial cabling and utility services(power and telephone). Name of Applicant or Sponsor: Telephone: (585)270-8373 Cellco Partnership,d/b/a Verizon Wireless E-Mail: Jacqueline.Heagney@VerizonWireless.com Address: 1275 John Street,Suite 100 City/PO: State: Zip Code: West Henrietta NY 14586 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES i administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Town of Queensbury Site Plan Approval and Building Permit El Z ;i I) 3.a.Total acreage of the site of the proposed action? 2.72 acres b.Total acreage to be physically disturbed? 0.01 acres c.Total acreage(project site and any contiguous properties)owned 'i or controlled by the applicant or project sponsor? 0.01 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial m Commercial OResidential(suburban) mForest ❑Agriculture ❑Aquatic El Other(specify): QjParkland Page 1 of 4 5. Is the proposed action, NO YES N/A a,A permitted use under the zoning regulations? ❑ 7 ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ R. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑✓ ❑ b.Are public transportation service(s)available at or near the site of the proposed action? ❑ 21 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑✓ 9,Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ✓❑ ❑ ' Potable water service Is not required since the proposed facility is an unmanned facility. 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ There will be no wastewater generated since the proposed facility is an unmanned facility. C: 12, a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? FV/1 ❑ b,Is the proposed action located in an archeological sensitive area? 171 ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 17 ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: i' { 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ZForest ❑Agricultural/grasslands El Early mid-successional ❑ Wetland ❑Urban m Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, Z 1:1a.Will storm water discharges flow to adjacent properties? El NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: FV] ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name:? ter Rom IT(Tectonic Engineering on applicant's behalf) Date: 03/09/2016 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning El ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the El 1:1establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or El L-1affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate El reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? El 11 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ Elwaterbodies,groundwater,air quality,flora and fauna)? i Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ Elproblems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur,,or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Pail 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts, Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. EICheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. EICheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. i Name of Lead Agency Date i Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 ---- .... ----- SITE NAME: Aviation Mall GF AMIDATE: YS-03/10/16 OPTION AND WATER TOWER LEASE AGREEMENT This Agreement made this day of , 2016, between CITY OF GLENS FALLS with its office located at 2 Shermantown Road, Glens Falls,New York 12801, hereinafter designated LESSOR and CELLCO PARTNERSHIP d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the"Parties"or individually as the"Party". LESSOR is the owner of that certain real property located at Off Northway, Town of Queensbury, County of Warren, State of New York, as shown on the Tax Map of the Town of Queensbury as a 1.53 acre parcel with Tax Map Number 302.9-1-43, and being further described in Liber 615 at Page 164 as recorded in the Office of Warren(the entirety of LESSOR's property is i referred to hereinafter as the "Property"). LESSEE desires to obtain an option to lease certain portions of said Property including a parcel of land (the "Land Space") and certain space on Lessor's water tower (the "Tower Space"), together with the non-exclusive right ("the Right of Way") for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a thirty (30') foot wide right-of-way extending from the Land Space and the boundary line of the property which is now or formerly owned by . Aviation Mall Newco, LLC(by virtue of a deed dated October 14,2010 recorded on December 10, i. 2010 in Liber 4143 at Page 246), over which LESSOR has a separate and appurtenant easement agreement providing for ingress and egress to and from Aviation Road by virtue of an Easement Agreement dated June 17,2015 recorded on July 29,2015 in Liber 5201 at Page 263; and together with any further rights of way (the "Further Rights of Way") over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables,conduits, and pipes. The Tower Space,Land Space,Right of Way and Further Rights of Way, if any, are substantially described in Exhibit "A", attached hereto and made a part hereof demised premises and are collectively referred to hereinafter as the "Premises". NOW THEREFORE, in consideration of the sum of�, to be paid by LESSEE to the LESSOR, the LESSOR hereby grants to LESSEE the right and option to lease said Premises, for the term and in accordance with the covenants and conditions set forth herein. The foregoing payment shall be made by LESSEE within ninety (90) days of execution of this Agreement or of receipt by LESSEE from LESSOR of the Rental Documentation, as defined in and in accordance with Paragraph 3b of the Agreement below,whichever occurs later. The providing by LESSOR of Rental Documentation to LESSEE shall be a prerequisite for the payment of the foregoing amount or any other option or rental payment, if applicable, by LESSEE, and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any payment(s) until Rental Documentation has been supplied to LESSEE. The option may be exercised at any time on or prior to twelve(12)months after the date of this Agreement. If the option has not been so exercised,it shall be automatically extended for one additional period of twelve (12) months, unless LESSEE gives written notice to LESSOR of the intent not to extend prior to the end of the initial option period. If the option is extended,LESSEE shall make an additional payment of to LESSOR within thirty(30) days of the option 12556236.1 k" f being extended,provided LESSOR has supplied to LESSEE the Rental Documentation, as defined in and in accordance with Paragraph 3b of the Agreement below. All payments made by LESSEE to LESSOR hereunder for such option shall be deemed additional rent,regardless of whether or not LESSEE exercises the option. The time during which the option may be exercised may be further extended by mutual agreement in writing. If during said option period, or during the term of the lease, if the option is exercised, LESSOR decides to subdivide, sell or change the status of the Property or his property contiguous thereto, LESSOR shall immediately notify LESSEE in writing so that LESSEE can take steps necessary to protect LESSEE's interest in the Premises. This option may be sold, assigned or transferred by LESSEE without any approval or consent of LESSOR to LESSEE's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the j majority of communication towers of LESSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. Should LESSEE fail to exercise this option or any extension thereof within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, and LESSOR shall retain all money paid for the option, and no additional money shall be payable by either Party to the other. LESSOR shall cooperate with LESSEE in its effort to obtain all certificates, permits and other approvals that may be required by any Federal, State or Local authorities which will permit LESSEE use of the Premises. LESSOR shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE. LESSOR shall permit LESSEE, during the option period, free ingress and egress to the Premises to conduct such surveys, inspections,'structural strength analysis, subsurface soil tests, and other activities of a similar nature as LESSEE may deem necessary, at the sole cost of LESSEE. LESSOR agrees to execute a Memorandum of this Option and Water Tower Lease Agreement which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either term or rent payments. Notice of the exercise of the option shall be given by LESSEE to LESSOR in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted and thereupon the following agreement shall take effect: 2 - - -- - - - - ---- -- --------- WATER TOWER LEASE AGREEMENT This Agreement ("Agreement"), made this day of , 2016, between CITY OF GLENS FALLS with its office located at 2 Shermantown Road, Glens Falls,New York 12801, hereinafter designated LESSOR and CELLCO PARTNERSHIP d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404),hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the"Parties"or individually as the"Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby,the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to the LESSEE a portion of that certain space ("the Tower Space") on the LESSOR's water tower, hereinafter referred to as the "Tower", located at Off Northway, Town of Queensbury, County of Warren, State of New York, as shown on the Tax Map of the Town of Queensbury as a 1.53 acre parcel with Tax Map Number 302.9-1- 43, and being further described in Liber 615 at Page 164 as recorded in the Office of the Clerk of Warren County (the entirety of LESSOR's property is referred to hereinafter as the "Property"), together with a parcel of land (the "Land Space") sufficient for the installation of LESSEE's equipment building; together with the non-exclusive right ("the Right of Way") for ingress and j egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a thirty (30f) foot wide right-of-way extending from the Land Space and the boundary line of the property which is now or formerly owned by Aviation Mall Newco, LLC(by virtue of a deed dated October 14, 2010 recorded on December 10, 2010 in Liber 4143 at Page 246), over which LESSOR has a separate and appurtenant easement agreement providing for ingress and egress to and from Aviation Road by virtue of an Easement Agreement dated June 17, 2015 recorded on July 29,2015 in Liber 5201 at Page 263; and together with any further rights of way(the"Further Rights of Way") over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The .Tower.Space, Land .Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibit "A", attached hereto and made a part hereof demised premises and are collectively referred to hereinafter as the "Premises". In the event any public utility is unable to use the Right of Way or Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or to the public utility at no cost to the LESSEE. LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio communications equipment, antennas and appurtenances described in Exhibit"B" attached hereto. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading of said Tower. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and Premises, and said survey shall then become Exhibit "C" which shall be attached hereto and 3 i made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit"A". Cost for such work shall be borne by the LESSEE. j The drawing at Exhibit"A" may be replaced by a site plan showing the Premises and the location of LESSEE's improvements thereon, which site plan LESSEE shall submit to LESSOR for LESSOR's written approval prior to LESSEE's commencement of construction, which approval shall not be unreasonably withheld, conditioned or delayed. In the event that LESSOR does not furnish LESSEE with such written approval or its specific reasons for disapproval within fifteen(15) days after the date of submission of the site plan to LESSOR,LESSOR will be deemed to have approved it. 3. TERM,• RENTAL;ELECTRICAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and i be due at a total annual rental for each year of the initial term of�to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 25 below. The Commencement Date shall be the first day of the month in which notice of the exercise of the option, as set forth above, is effective (the "Commencement Date"). However, LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall riot actually be sent by LESSEE until sixty(60)days after the exercise of the option is effective. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. b. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation") evidencing LESSOR's interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in LESSEE's reasonable discretion,evidencing LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by LESSEE in LESSEE's reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 25. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferees) or other successor(s) in interest of LESSOR shall provide to LESSEE 4 -------.. . .. ........ .... .._ --- ---- -------- ---------� --- ---------- ------------------- _.. E I Rental Documentation in the manner set forth in the preceding Paragraph. From time to time during the Term of this Agreement and within thirty(30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s),transferee(s) or other successor(s)in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferee(s)or other successor(s) in interest of LESSOR until Rental-Documentation has been supplied to LESSEE as provided herein. a. LESSOR shall, at all times during the Term, provide electrical service and telephone service access within the Premises. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall famish and install an electrical i sub-meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the event such sub-meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility,then the LESSEE shall pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount based upon LESSOR's reading of the sub-meter. All invoices for power consumption shall be sent by LESSOR to LESSEE at Verizon Wireless -Accounts Payable - Cellsites,M/S 3846, P.O. Box !i 2375, Spokane, WA 99210-2375 or email to: livebills@ecova.com. LESSEE agrees to promptly reimburse LESSOR for such electrical costs, which costs shall not be construed to be rent. The parties agree that LESSEE shall be relieved of its obligations to reimburse LESSOR for electrical usage which has not been properly invoiced and sent to LESSEE at the above address within one (1) year of the initial invoicing from the utility company to the LESSOR. LESSEE shall be permitted at any time during the Term,to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises),-a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR, such approval not to be unreasonably conditioned, withheld or delayed. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5)year extension terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six(6)months prior to the end of the then current term. 5. EXTENSION RENTALS. The annual rental for each such five (5) year extension term shall be equal to of the annual rental payable with respect to the immediately preceding five(5)year term. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three(3)months prior to the end of such term, this Agreement shall continue in force upon the same covenants,terms and conditions for a further term of five(5)years and for three(3) additional five(5)year terms and one(1) additional tern of 5 �... --- ---- ------- four (4) years thereafter until terminated by either Party by giving to the other written notice of its ' intention to so terminate at least three (3) months prior to the end of such term. Under no circumstances will the term of this Lease, including all renewals, exceed forty-nine (49) years. Annual rental for each such five (5) year additional extension term shall be equal to of the annual rental payable with respect to the immediately preceding five(5) year term. "enutial term and all extensions shall be collectively referred to herein as the"Term". 7. TAXES. LESSEE shall have the responsibility to pay any personal property,real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent(except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property,real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. OR shall provide to LESSEE a co of an notice or assessment relating to personal LESS p copy Y property, real estate taxes, assessments, or charges for which LESSEE is responsible within twenty (20) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make payment of any real estate personal property, real estate taxes, assessments, or charges until LESSEE has received the notice or assessment relating to such payment as set forth in the preceding sentence. In the event LESSOR fails to provide to LESSEE a copy of any such notice or assessment within the ten (10) day period set forth herein, LESSEE shall be relieved of any obligation or responsibility to make payment of personal property, real estate taxes, assessments, or charges referred to in the notice or assessment which was not timely delivered by LESSOR to LESSEE. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE,there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE,LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this Paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 8. USE,• GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's 6 -------- ----------- - -- -- r incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals")that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or(vi) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination,this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9. INDEMNIFICATION. Subject to Paragraph.10 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to. or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 10. INSURANCE. a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. 7 ---------- ---_.. ... ..... . f 1:151 I b. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than$1,000,000 for injury to or death of one or more persons in any one occurrence and$500,000 for damage or destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will include the other Party as an additional insured. c. In addition, LESSOR shall obtain and keep in force during the Term a policy or policies insuring against loss or damage to the Tower at full replacement cost, as the same shall exist from time to time without a coinsurance feature. LESSOR's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Tower required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss,but not j including plate glass insurance. 11. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs I 9 and 31,neither Party shall be liable to the other,or any of their respective agents,representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence),strict liability or otherwise. 12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, I LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the . Commencement Date provided that three(3)months prior notice is given to LESSOR. 13. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free access to the Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR shall i furnish LESSEE with necessary means of access for the purpose of ingress and egress to this site and Tower location. It is agreed, however,that only authorized engineers,employees or properly authorized contractors of LESSEE or persons under their direct supervision will be permitted to enter said premises. 14. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair as required by all Laws(as defined in Paragraph 35 below).The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs including j maintenance the LESSEE may make the repairs and the costs thereof shall be payable to the LESSEE by the LESSOR on demand together with interest thereon from the date of payment at the greater of(i) per annum,or(ii)the highest rate permitted by applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (10) days after such demand,the LESSEE shall have the right to deduct the costs of the repairs from the succeeding monthly rental amounts normally due from the LESSEE to the LESSOR 8 No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Tower structure or its appurtenances. All anterna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. Not later than fifteen (15) days following the execution of this Agreement, LESSOR shall supply to LESSEE copies of all structural analysis reports that have done with respect to the Tower and throughout the Term,LESSOR shall supply to LESSEE copies of all structural analysis reports that are done with respect to the Tower promptly after the completion of the same. Upon request of the LESSOR,LESSEE agrees to relocate its equipment on a temporary basis to another location on the Property, hereinafter referred to as the "Temporary Relocation,"for the purpose of LESSOR performing maintenance, repair or similar work at the Property or on the Tower provided: a. The Temporary Relocation is similar to LESSEE's existing location in size and is fully compatible for LESSEE's use,in LESSEE's reasonable determination; b. LESSEE pays all costs incurred by LESSEE for relocating LESSEE's equipment to the Temporary Relocation and improving the Temporary Relocation so that it is fully compatible for the LESSEE's use,in LESSEE's reasonable determination; c. LESSOR gives LESSEE at least ninety (90) days written notice prior to requiring LESSEE to relocate; d. LESSEE's use at the Premises is not interrupted or diminished during the relocation and LESSEE is allowed, if necessary, in LESSEE's reasonable determination, to place a temporary installation on the Property during any such relocation;and e. Upon the completion of any maintenance, repair or similar work by LESSOR, LESSEE is permitted to return to its original location from the temporary location with all costs for the same being paid by LESSOR. 15. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after- I installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and 9 frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation,injunctive relief and specific performance. 16. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term,whether or not said items are considered fixtures and attachments to real property under applicable Laws. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term,until such time as the removal of the building,antenna structure,fixtures and all personal property are completed. 17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties I are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 16 and this Paragraph 17, then the rent then in effect payable from and after the time of the-expiration or earlier removal period set forth in Paragraph 16 shall be equal to the rent applicable during the month immediately preceding such expiration or earlier termination. 18. RESERVED. 19. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than LESSEE, or(ii)to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEFs rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party,LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 20. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein,shall peaceably and quietly have,hold and enjoy the Premises_ 10 ----------- - ------ 21. - --21. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens,judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements,promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties in a written acknowledgment. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance.of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement,in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 24. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties,this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer,upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. 25. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): 11 - - - ------------ -- LESSOR: CITY OF GLENS FALLS 2 Shermantown Road Glens Falls,New York 12801 LESSEE: CELLCO PARTNERSHIP d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 26. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 27. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non-Disturbance Agreement, as defined below, and, if required by the Mortgage, as defined below, a written consent, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a"Mortgage") by LESSOR which from time to time may encumber all or part of the Property, Tower or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Tower or Property, LESSOR shall obtain for LESSEE's benefit a non-disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the -terms described below (the "Non-Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Tower or Property, Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non-Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attom to Lender if Lender becomes the owner of the Tower or Property, and(3) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff 12 --- - ----------- - ----- -------- ------ -- ---------- - ------ --- --- against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 28. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 29. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen(15) days in which to cure any monetary breach and thirty(3 0) days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty(30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. j b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty(30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty(30) days and LESSOR commences the cure within the thirty(30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided,however,that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five(5) day period and thereafter diligently pursued to completion. 30. REMEDIES. Upon a default; the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf,including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in 13 -------- ------------- ..... ........ - ----------------�=------------ which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the fall amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the M undisputed amount thereof with interest thereon from the date of payment at the greater of (i)MMMMIM per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty(30) days of its receipt of an invoice setting forth the amount due from LESSOR,LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the M undisputed amount, including all accrued interest,is fiffly reimbursed to LESSEE. 31. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards,or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Tower or Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR!s sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a)failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Tower or Property or activities conducted thereon,unless such environmental conditions are caused by LESSEE. 32. CASUALTY. In the event of damage by fire or other casualty to the Tower or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen(15)days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall 14 abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 33. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Tower, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such j termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing,this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the j Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 34. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full.execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement.Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 35. APPLICABLE LAWS. During the Term,LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation,. the Americans with Disabilities Act and laws regulating hazardous substances) (collectively"Laws"). LESSEE shall,in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 15 E 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any temlination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. TEMPORARY EASEMENT. LESSOR hereby grants LESSEE a temporary easement (the "Temporary Easement")to encumber a twenty foot(20') wide portion on each side of LESSEE's thirty(30') wide permanent access and utilities easement over the parcels designated as Tax Map Parcel Number 302.9-1-43, all as shown on Exhibit A hereto (the "Temporary Easement Area"). LESSOR and LESSEE acknowledge and agree that the Temporary Easement shall be for the purpose of clearing any rocks, dirt, brush, trees or other vegetation, grading, excavation, and storing materials (including, without limitation, excavated soil and equipment) in order to allow for the construction and installation of LESSEE's telecommunications facility as described herein. The Temporary Easement granted hereunder shall terminate upon the completion of the construction and installation of LESSEE's telecommunications facility and LESSEE shall return the Temporary Easement Area to as good a condition as is reasonably practicable considering the clearing and grading that is to be performed by LESSEE. [The remainder of this page is intentionally blank.] 16 - -------- -- - - - - - - RY IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: CITY OF SF LS By: --V WITNESS Printed N o Its: LESSEE: i CELLCO PARTNERSHIP d/b/a,Verizon Wireless By: WITNESS Name: Richard Polatas Title: Director Network Field Engineering 17 ---- ---.- = - -- -- EXHIBIT"A" (Sketch of Properly) i, i i I� 12556236.1 r- I ' r. 4, r 1 r ;r a I ` �h7 _ ' SECTION{302 5 ti q nON. - - 1 BLOCK 1 LOT 9212 ROAD t 3 EL - -_'ri+7J ', 4 SECTION 302.5 re . i BLOCK-:14 LOT 92.11 rrx x jAh it 4 y — _ �• _� _ t _ fir I , k. s - i t •� ,nx . .t j I I_ s 1' :. ';'1• `-1- s f - _ r,21 Y,', PROPOSED 30 WIDE 1 I ACCESS do U1ILITY EASE6IENT _ �I (ALONG AVIATOId MALL ROAD) L a IFt�-5 �F +� iF 6 k w3 jr 14, # r r< I I I - �.s I n i+ r l •T .r ``„-{�F- r r •fL _` - SECTION 302.6 �; BLOCK 1 LOT 66 \ r r J irt�#1r E 1 d rt r r�> tom— e€� 3Jv�F k r 5 I PROPOSED LESSEE' 22 x40 LEASE AREA + i,.,( i-,),SHEET LE 2) '; SECTION 3029 k q i Y BLOCK 1 LOT 41. :f v k fir.I�, s 1;f , r i 1 it yx'fi,r,) '� i� tT , Rv 3x��.� •q1=.= l�_ Y,: BLOCK 1 LOT 1 s BLOCK 1EX WING LOT 43 !� s � ` � ISiINC FENCED COMPOUND SNEEi LE-2) 7.7 t a R t4 r qi i r SECTION 302 9: . '[ -u,.;fo-`FI BLOCK 1 LOT 42. PROPERTY PLAN -1 SCALE: 1" = 400' AVIATION MALL — LEASE EXHIBIT TECTONICPROJECT # 20130926391 — LOCATION CODE # 271928 Practical Solutions, Exceptional Service AVIATION MALL RD — TOWN OF QUEENSBURY — WARREN COUNTY, NY 12804 TECTONIC Engineering x Surveying consultants P.C. CELLCO PARTNERSHIP Z56 British American Blvd. Suit n 101 Phone: 518) 783-1630 LathamNY 12110 800) 829-6531 (LESSEE) w,ww.tectonicengineering.com 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 TEC WO:7072.122 JISSUED BY: JRF DATE: 12/15/15 1 SCALE: AS NOTED SHEET: LE-1 I REV: 2 ,PROPOSED LESSEE 22' ' N LEASE AREA k FEN Dx COMPOUND / PROPOSED LESSEE / 11.5'x16' EQUIPMENT PLATFORM / PROPOSED 5' WIDE / UTILITY EASEMENT / PROPOSED 3' WIDE NON-EXCLUSIVE EASEMENT FOR / UNDERGROUND CABLES d EXISTING TRANSFORMER o / ON CONCRETE PAD PROPOSED LESSEE k ' DISH ANTENNA PROPOSED LESSEE PANEL ANTENNA (4 PER SECTOR-12 TOTAL) AND / RELATED EQUIPMENT ON NEW MOUNTS / / 0 k EXISTING VAULT �r O k EXISTING WATER EXISTING k TANK (()2) ROLLING GATE PROPOSED 5' WIDE FOOT ACCESS EASEMENT k PROPOSED CABLE ROUTING k p EXISTING OVERFLOW PIPE } } / EXISTING SHED • I } O } II EXISTING WATER EXISTING CATCH TANK (#1) BASIN (TYP) } EXISTING a'\ O HYDRANT (TYP) } k\ /,r } x EXISTING ACCESS F LADDER k PLATFORM (NP) \r EXISTING FENCED COMPOUND DETAIL SITE PLAN NOTE; LE-2 FINAL FIBER/TELCO ROUTING TO BE DETERMINED BY PROVIDER. SCALE: 1" = 30' AVIATION MALL — LEASE EXHIBIT . PROJECT # 20130926391 — LOCATION CODE # 271928 Practical Solutions, Exceptional Service AVIATION MALL RD — TOWN OF QUEENSBURY — WARREN COUNTY, NY 12804 TECTONIC Enginearing & surveying Consultant. P.C. CELLCO PARTNERSHIP 36 British Amerioon BW . softs tot Phone: (%B 783-1630 (LESSEE) www.tectonicengineering.com Loth NY 12110 629-6531 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 www.tectonicengineering.com TEC W0:7072.122 1 ISSUED 8Y: JRF I DATE: 12/15/15 SCALE: AS NOTED SHEET: LE-2 REV: 2 - ----- ------ - - t5 I PROPOSED LESSEE PANEL ANTENNA (4 PER SECTOR-12 TOTAL) AND RELATED EQUIPMENT ON NEW MOUNTS PROPOSED LESSEE DISH ANTENNA EXISTING WATER TANK w L v I PROPOSED LESSEE CABLE Y z ROUTING (TYP) WITHIN PROPOSED s z COVERED CABLE TRAY 0 LU w o o_ 1u�i1 t J = u EXISTING LO o o ACCESS Qd "i c� LADDER > 0 io p N Ol N ELEVATION LE-3 SCALE: 1" = 20' AVIATION MALL — LEASE EXHIBIT TECTONIC 'i PROJECT # 20130926391 — LOCATION CODE # 271928 Practical Solutions, Exceptional Service AVIATION MALL RD — TOWN OF QUEENSBURY — WARREN COUNTY, NY 12804 TECTONIC Engineering x surveying Coneuitonts P.C. 36 British CELLCO PARTNERSHIP Amerieon Blvd. Suitn 101 Phone: (518) 783-1630 Latham, NY 12110 (800) 829-6531 (LESSEE) www.tectonicengiheering.com 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 TEC W0:7072.122 ISSUED BY: JRF DATE: 12/15/15 SCALE: AS NOTED SHEEP: LE-3 REV: 2 EYMBIT"B" LESSEE is authorized to install and maintain the following equipment: ANTENNA INFORMATION ANTENNAS: (12)panel antennas @ 108' Centerline Orientation: 0, 120,250 degrees (1) 14.6"x 14.6"x 4.3"solid dish below t 12.1',Azimuth: 3 12.8 5 degrees (3) OVP boxes (3)700 RRH units (3)AWS RRH units i_ Transmission line: (3) 1-5/8";(1)5/8" 12556236.] 1 InN Zn 2 50fj `y���' =L^rk,f6Sl lhQ.r.XA4{4r: ' 'CIIx5 itiDSt72til�E, mane the�&�4 day o£ duIIc{�,Q �Q'.11�cWY�:. t r ; batwoaa T_ p4vERT LapjwN, xeaiding at 3 nppld Lane, Town of CA Ouaenahuxy, County of Wn=en and State of New York, rind 'TOHN 10, VIV=ON, resldincg at 19 WL-idy Hill Road, City of rlvnB yal.ls, County a» warren Arid 8f:ate of Now Rork, paxtSas of the first part, And the CITY OF GLT6N8 PALLS, a mmiaipal Corpoxstjon w:ganised wider the laws of the Shine of 14OW York Mvinq itis principal place Of basinoss at 42 Ridge estreat in the City of Gl,ons Falls, flaunty a£ Wazwen and State o£ New York, party Qt the secand part. ' WXTNRSSETH, that the partial of the first part, -.h con- sideration of the uum of ONE 13ozx. R (n.no), law;Cui money of tho United States, and vthax gond and valuable Cpnsidoration paid by tha paxty of the aecand part: do hereby §runt and reipase uhto the 1 :I ?arty of the second part, its sucaegoors and assigns forovur, i , ALL THOSE COMM PARCM5 Or LUL 1;ituato in the Town Of Qn*$nsbury', Warren County, Near York, lying eas•tcrly of xnter- i statC Route 87, northaxl.y of Halfway amok and wostorly of lah4a 1 Awned by the Citr a*. Glans rails, known au Crandall park, and which said paxcel5 ax® bounded and described -as-follows: "PA1lCitt. 1" 8£GI2JNIw(r at a point forme4 by trio intersection of the northexly bank of Iffnlfway $xaok with the Vaztarly tine of lands now or garmwrly-OWW d by NAegara Mohawk 7Powor Corporatjon, running ! thence in a wosterly direction, along thR northorly bank pf , RAlfWay Brook, fox a distance of 25 Sect, more or ze89, to tba i Page Two. i ' k eauterly Linc of those pxamisaa conveyed to the State of Nass York (Dead Ref, Libor S42 cp4073; for a seanic enhancement px.rcol1-�= i F adjoining thole Iand8 crig3nally acquired by the Stato of Nev m York fbr the Conatructien of Interstate Route 07, r,,,,.,;nq thtnca � µ i Nort-b i) 49ree8 12 MtnVt05 Wast;, along the oantexly lino of said qn - scenic anb"OCment parcel and on a Tina which it: pnrall,ej to and IOU i'o®tr distant, aastcxly at: right aagliae fzam the easterly line Of said Janda Originally approja.>ri.wted by the at&to of new York for the coftstt:u4'tion of lnteratata nate 87, tar a distance of 155 Foo , mono or leas, to an angla point therein, theace North 19 degrees 39 mi.nute�..Hage, Tong the easterly line of ststd soenia enbance- men•t pe:tsal, for a distance of 191.17 Poet to the southarl.y Lino of Lando ow-nod by Niagara Mohawk Pawdt Corporation (pond Rqf. 1 Lib*r 538 cp 300)F th"C& North 75 degraa:% o-2 minutea Eaux, along nbid southerly line, for h distance of 300.94 foot to the wortarly line of lands now Or fornterly Of Niagara Mohawk Pow®r Corporation (lbeed ReC Liber 214 on SIR]i thtnea Gouth 19 degrees 35 minutaa fwest, 41ong said aectarly lino, for a distance of 435 fcCt, mora or loan, to the place of beginning, and adntaini.nV 1.32 ayes. "VAR= 2"- - i nVnGMTb1'3 at a point formal by tr1e intorsaction ox tho 1eatarly line o:C lands owned by the city of Glans Balls, £armexly riown as the Bendall Trust pmpexty, with •rho northerly bank of 1alfwELY Pznok, running tbanoo in a houthwestorly direction, alorq Iltha northerly bank of 842l:way moot" for a distance of ate feet, 1 k ' t F'aga Three s maze ox 1*d-q"to tb6 'Ae tcrly line 'oY Lands now or fornsarl,y Qwhod '• C by Ni ag+ "a Mohawk pQWQY Corporation lgced Nef. Li.bax 214 cp.57.9] thance the .fallowing five couxuan and di.s,tanccs along the easterly bounds of acid power oampany lavas, v;Lz: if nazth 15 degrees tl 45 minutes Bast, 365 feet, mane or IcAft; 2) &puth 70 ddgrees Gam) 15 mianteg Lant, 25 Recd 33 North 19 dogrmes 45 141nuten East.. i 1.30 #emtt 41 Norbh 70 deryrecs 19 xainnates West, 25 goat, and 51 North 1.9 doVeee 45 minutes East, 1o2$.3, fait; to a point ih the w0stexly line of lands now or formerly uwnad by ItIlanick and s DaAngelial and farmerly owned by German Ansti.n Ectata; thenca South , 7 dCgraoS 06 minutes {Peat, along he westerly line of aaid last mcnt-ipned promirms, bming also the westerly 1129 of Lot 42 in the original Town plot of Quaenebuxy, for a distance of 369.4 feet to a Paint in the noxtherly line of laude owned by the 0 ty 4« Glenn - Palls, known a-- the Crandall Txuat property, thence North 94 de- aces 03 zainutefl Weer, along :Laid northerly line and along the d1vtil.on l.i,ae bowmen LQCs 42 and 43 of said town.,piot, I�4r A distance of 33 feet; thence South 6 degrees 29 :ainuton west, and ainug the wdaterly line of said lands owood by tho Gil;" of Glens aur. and al,oug -tmo westerly 7,in4j of Late 43 sail 44 of naJA town Plot, for a dlstanav of 065 fact, more or less, to tha place of agiuning, and nanthining 3.93 aczms. TOC MR w1,th ordaning r4htr. excepted and renervad in a and ffDm Qcoxge A. Chapman and Lacy Chapman, bis wife, to Now oxk power nud Ugbt COrWration dated March 30, 1940 and rooarded pn;il 24, 1940 Jh Libaz 214 cp 518. page dour E�E °PARM a^ I 4• i EEGnWUG at the most northcaatesly corner of tbonc y„ i premis9a conveyod by Montgvnery W. Chapman to John W, Reardon and I� U. Robert Tanann by dead dated August 20, 1964 and rcaorded in r�•I + warreil County cl.ork•a Office in book 445 of ap4d, at page 226, and whaq>1 Point of beginning iw 41;0 in tba southerly lino afi those premi.eaa formatly mtrncA by the 'PYrami.d Company of Gleno palls, now owned by Niagara Mohawk Pawor corporation, running thence from the place of beginning, south 7 dagrees 06 minutes Wont, along the ` wastarly line of lot 41 of the original, TnWn plot ofi Que=4bUry, � for a distance of 154.d fact to a point in the westerly 13nb of lands of Niagara Mohawk POWOV Ccrporati-dr► (band Ref. Libor 214 Cp 518}= thonco South 19 degrdaa 45 minutes Waat, along said wastorly Lina, fox a alst.anoQ of 1420 feet to a riaiut 33 the northerly )-inn o2 other lands of Maid Niagaxa MuhawY. POWaZ Gcr'A-. ' oration (band Ref. Liber 530 cp 309)j theaca South 75 degrebs os i minutes Wont., along said northerly line, for a dia•Canee of 35A.04 toot to a point In the easxaxiy line of a 100 foot wide strip of ` land oonvGyad to the Staea of Now Vaxk (peed Rof. L ber 542 cp407) i for a scenic enhancement gbxea],s thealGe North 14 degrees 44 miputreG Wnst, on a lino which,ls Parallel fin and x00 fade distant, easterly, at right anlaaas fXom the eaatcr].y line of those pzemiaoa exiginal.ly acquired by the state of New York for the aonatruation of xnteeateta haute 87 and running along the eastasly line Of daid additional 100 $oar wide Strip, for a didtanCC of 11.27.9 feet to the eattorly line 4f a 16.5 soot wide strip of land now or formerly � i Daga Fiva owhed by the Ttlwn o£ 0100nzhil� (Dead Iter. Liber 230 cp 544}; thahco North Za degzees 11 minutes, Haat for a distance of 462.17 ; feet to the southerly Lina of a parcel of land awned by the City of Glens Pal.ltg (Dead Ral. Libor 203 ep 560)1 known as the "Lower *h Nc duncaon"; rbenca south 02 4*groea 53 mJ.riuteta pas C, along taai.d CII eonthetly line, foe a 444tanCe of 227*06 feet, thanc8 uorth 7 do- t ' green 07 minutes Bast, along the aasrerly line of aaid "]Gower dunution" paxael, for o dlataooa of 200 feet] thenoe South 92 do- grebe 53 tmSnutes Zaot, :and along the division line between Lot 49 oS the Tirot lAvision of the 4uaonzbury Patent, on •the south, and iot•50 of maid parent+ on the north, and Along the southerly boon'c of said lands formerly owncd by tha ryxamid Campany of 01onc Tulle, now owned by Viag;ara Mohawk Power Coxporation, for a diwtancc 44 + 649.24 feet to the place of k+Cginna-rig, and aowCa_in3-ng 26.73 acroa + HSOJIM laG Wt a point, formed by the 9ntereeatj4nn of the southerly line of lands: of Hingara Mohawk rower corporation (nand Rqf. Liber 361 op 1) with the easterly line of thooe prmaisas aan- veyed -to the State of New York (Dodd ReS. Libax $42 OP 407), for a scenic enhanccmaant parcel, anal which point oL beginning i9 ai..tuato at a diatanae of 107.45 fcet on a aauxwa Of South 83 do- grees 24 minutes Bast fxom a ce vxe;t: monument tnatkIng the inter- saotion aP the southmrly line of said lands of Niagara Mohawk Power CorparetsiOn With the easterly lino of Chose 3.ande originally appropriated by the Stake of Now York Lott the carl4tructiOn Of • • i Pagm iix g Interso:nta 87, running thahco f1 ft 11.. place Of begimning tho following six aaur&ea and dirtanaea along the southerly boundjy of sa:Ld hinds Of Niagara NPhawk power CBrpoLatlon, vi.zz 1) South EA) 83 degrecs 24 minutes Nast, 61..68 feats 2) South 6 dogrooc 59 i miautos 'Wast, 40 faatj x) South 83 degrees 01 minute East, 95,1 i feet; 4) North 68 degrees 1.5 minutes Eacrt, 98.3 i'eat,; 5) NortIl 21 degrees 45 minutes wei5t, 40 feat: and 6) m)erirh b8 dogroae 1S Itdnutes I3det, 150.1 £eot to the wRstoriy Lina oi: land!) naw or Zuzmerly owned by the Citi q8 ¢Lona Palle, (Deed 209. LJJ;;= 203 OP 568},' and kt,own as the "Loser nnetion" phrcal, and which last ' mentioned point is :,ituate at a dist:anot of 7.2 feet on a course of South 28 degrees 11 minutes West^'Erom a point in the division lino between 10: 4� of the F9xst Division of the Quacnobnry Paten �+t on the squth, and Lot 5D of the said patent, on the north; thunaci +, South 28 degrees 11 minuto3 WQgtJ, along the westerly line of *aid Mower aunation" parcel and along tho vautarly line of a 49.5 foo i ,j wide strip of 1a11Q now armed by the City of Glen% Falls, Cox a 1 diat.Anaa of 569.87 feet to tyro cAnterly line of quid aoenio enhance mant parcel, and which last mentioned point 'is sinuate at a dia- IE tanc& of 146_83 feet on a eo=C0 of-North zB dagrsaa 11 mtnuten Nast from a concrete moRwnent marking the easterly l3nm of thoce larde originally acquired by the State of Neon Y03ek for the Gan- atructi•on of IntaMntatei $7; thenaa M62th ld dW37ees d4 minntov West, and a3vng Cho aastasly 13.uo of Valid unhanoemeut *Lased and on a line which io parallel to and 100 fact distant, dadtarly, t L t 1 E . page Seven , at right anglas i'zom said original Xntersta•te Roma 87 appno- e: priativh line, for a distance of 112.93 meet to a poinh of nurvn; thanre on a curve to tho right And doatinuing along the eastorly rn r 9i-ns of said 9venia enhancement poxGal, for a distanoe v£ 929.5 fees to the plado o4 beginning, and coritxLnti,ug 1.53 acroe. f=- TOOT= with crossing rights and "etroct dodicat_ton'� t right. x"arved in a deed £rWn Nathar4ac C. Prancid to Niagara Mohawk Power Corpoxati.nn dated February 8, 1957 and r000rded i Haxch 28, 1957 in Aibas 364 pago 1. , XNWMMXNro to convoy hereby all Qf three premises convoy- 64 by Montgomery W. Chapman to d'nbn V. Roardon 4nd J. Robot. S LaP nn by dead dated August 20, 1964, and xacmded in the Waxrsn fCounter Clew's office in aaok 446 of Roods at gaga 226,'xying + easterly of Intevateto Route 87, oxaapting tho=ftom those pram- ions convoydd by JohrL W. Reardon and J. Robort 7.a$ann to the Stat of New.York for tho cnhancenent parcolm mentioned ii.n the above dc+cripC.i.on, BBXNG tho vamo pssmiaea an deacri.bad,on a nap oil lands of Reardon and ZOAnn by Coulter and McCormanx, Licenaad Land survoyorz, date$ November 4, 1066 and xe�eed July 15, 1979 and be £iXed in tho Warren County Clerk's Office simultananualy bare- with. TOGZTHM with thrs appur nan¢as "d alk khe estate and right of the partion aE the lirst part iu and to said prtaniadD. To HAVE AND To HOLD the promises herein granted uhta the parry Of tha second party ttx auccessdrs and agg�gnr, foreVCr. i r M BIND raid partieP o£ the first past n6vonant L8 fallowJ:: o.�? i z . 1"Y.f2.5m, tls:it: the party of the s'e'nd part nha],1 gwiet].y � f en�OY GhB Said ptemiaes; PECOND, that. said Parias of the furat pare will :20rave �. warrant: tihel titlo to said psemisea. r i Tunt), that, in oompiiauoo 5vith see. 13 of the xjian new, i the gxantars will rcccive tht con»idaratiah for thin conveyanao i and wial brad tho right to'receive such donaidaration es a. rsuatr r fund to be Applied :C xat7 i'ar the pnrponn of paying the Cant Of "(P improvement and will apply tho name fixet to the papant of the casts of the improvesgont^ before using Any Part 09 the total of {, I the same for any other purpose. Xn vMTNESS rmmnOY, the part-ea of tha first paxt have 1A hereuima net t:hei.,r hawls and seal" the $mar and year fust Ab -- G! writt:an. JON 61978 LR` ��Y�'!:•! •1 ,.+ �/�' tiy'� L.S. COUR.l-1 0 Q W. ROax bn STATE CM WAV YORE: us CCU= Or WAMM j on the 4 day of d'unc, 3.978, be£oxa me came -T. now , ' S,aPlINN ana yoeN W. M=0% to me•3cuown And known to to be the individuals decaribed in and wh xecut:ed a for g iinstrwmen ! r „ry and they severally acknowlad cd tv a ey aouted the same. f i'•.� x,u.r IXmraar.LSOT aY O,nr�f µu6.74 P, G i • I DOCUMENTATION OF PUBLIC UTILITY STATUS and OVERVIEW OF ROSENBERG DECISION In Cellular Tel. Co. v. Rosenberg, 82 N.Y.2d 364 (1993), the New York Court of Appeals determined that cellular telephone companies are public utilities. The Court held that proposed cellular telephone installations are to be reviewed by zoning boards pursuant to the traditional standard afforded to public utilities, rather than the standards generally required for the necessary approvals: It 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. There can be no question of [the carrier's] need to erect the cell site to eliminate service gaps in its cellular telephone service area. The proposed cell site will also improve the transmission and reception of existing service. Application of our holding in Matter of Consolidated Edison to sitings of cellular telephone companies, such as [the applicant], permits those companies to construct structures necessary for their operation which are prohibited because of existing zoning laws and to provide the desired services to the surrounding community. . . . Moreover, the record supports the conclusion that [the applicant] sustained its burden of proving the requisite public necessity. [The applicant] established that the erection of the cell site would enable it to remedy gaps in its service area that currently prevent it from providing adequate service to its customers in the . . . area. Rosenberg, 82 N.Y.2d at 372-74 (citing Consolidated Edison Co. v. Hoffman, 43 N.Y.2d 598 (1978)). This special treatment of a public utility stems from the essential nature of its service, and the fact that a public utility transmitting facility must be located in a particular area in order to provide service. For instance, water towers, electric switching stations, water pumping stations and telephone poles must be in particular locations (including within residential districts) in order to provide the utility to a specific area: [Public] utility services are needed in all districts; the service can be provided only if certain facilities (for example, substations) can be located in commercial and even in residential districts. To exclude such use would result in an impairment of an essential service. Anderson, New York Zoning Law Practice, 3d ed., p. 411 (1984) (hereafter "Anderson"). See also, Cellular Tel. Co. v. Rosenberg, 82 N.Y.2d 364 (1993); Payne v. Taylor, 178 A.D.2d 979 (4th Dep't 1991). Accordingly, the law in New York is that a municipality may not prohibit facilities, including towers, necessary for the transmission of a public utility. In Rosenberg, 82 N.Y.2d at 371, the court found that "the construction of an antenna tower... to facilitate the supply of cellular telephone service is a 'public utility building' within the meaning of a zoning ordinance." See also Long Island Ligliting Co. v. Griffin, 272 A.D. 551 (2d Dep't 1947) (a municipal corporation may not prohibit the expansion of a public utility where such expansion is necessary to the maintenance of essential services). In the present case, Verizon Wireless does not have reliable service coverage in areas of the Town of Queensbury. The communications facility proposed is necessary to remedy this service problem and to provide adequate and reliable wireless telecommunications service coverage to this area. Therefore, Verizon Wireless satisfies the requisite showing of need for the facility under applicable New York law. DOCUMENTATION OF PERSONAL WIRELESS SERVICE FACILITY STATUS and FEDERAL TELECOMMUNICATIONS ACT OF 1996 In addition to being considered a public utility under New York decisional law, Verizon Wireless is classified as a provider of "personal wireless services" under the federal Telecommunications Act of 1996 (the"TCA"). As stated in the long title of the Act, the goal of the TCA is to "promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies." Telecommunications Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56(1996). The TCA mandates a process designed to achieve competitive telecommunications markets. In keeping with the central goals of the TCA, the authors specify in Section 253(a) that "[n]o State or local statute or regulation...may prohibit or have the effect of prohibiting the ability of aM entity to provide aM interstate or intrastate telecommunications service." TCA Section 253(a), emphasis added. Section 332(c) of the TCA preserves the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction and modification of personal wireless service facilities, subject to several important limitations: • the "regulation of the placement...of personal wireless service facilities by any State or local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services" (TCA §332(c)(7)(B)(i)(1)); • the "regulation of the placement...of personal wireless service facilities by any State or local government or instrumentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services" (TCA §332(c)(7)(B)(i)(11)); • Applications must be processed within a reasonable period of time, and any decision to deny a request for placement of personal wireless service facilities must be in writing and supported by substantial evidence contained in a written record (TCA §§332(c)(7)(B)(ii) and(iii)); and • regulations based upon the perceived environmental effects of radio frequency emissions are prohibited, so long as the proposed personal wireless service facility complies with FCC regulations concerning such emissions (TCA §332(c)(7)(B)(iv)). A reference copy of the Telecommunications Act of 1996 is included herewith. 104TH CONGxEss REPORT 2d Session HOUSE OF REPRESENTATIVES { 104-458 TELECOMMUNICATIONS ACT OF 1996 JnNuAny 31, 1996. Ordered to be printed Mr. Bum, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany S.6621 The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 652), to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans by opening all telecommunications mar- kets to competition, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its disagreement to the amend- ment of the House to the text of the bill and agree to the same with an amendment as follows: In lieu of the matter proposed to be- inserted by the House amendment, insert the following: SECTION 1.SHORT TITLE,REFERENCES. (a) SHORT TITLE.—This Act may be cited as the "Telecommuni- cations Act of 1996". (b) REFERENCES.Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provi- sion of the Communications Act of 1934 (47 U.S.C. 151 et seq.). SEC.2. TABLE OF CONTENTS. The table of contents for this Act is as follows: See. 1. Short title,references. Sec. 2. Table of contents. Sec. 3. Definitions. 22-32? 100 City that has obtained an attachment to sucA�adds way so that such entity may have a reasonabl to add to or modify its existing attachment. o or modifies its existing attachmen iving such notification shall bear a proportiona a costs incurred by the owner in making s =171conduit, or right-of-way accessible. right•of--way shall not be required to bear an ear- ranging or replacing its attach arrangement or re- placement is re o an additional attachment or the n existing attachment sought by any other entlt SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STAND- ARDS. (a) NATIONAL WIRELESS TELECOMMUNICATIONS SITING POL- icz--Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph: "(7) PRESERVATION OF LOCAL ZONING AUTHORITY.— "(A) GENERAL AUTHORITY Except as provided in this paragraph, nothing in this Act shall limit or affect the au- thority of a State or local government or instrumentality thereof over decisions regarding the placement, construc- tion, and modification of personal wireless service facilities. "(B)LIMITATIONS.— "(!) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof— "M shall not unreasonably discriminate among providers of functionally equivalent serv- ices; and `III) shall not prohibit or have the effect of prohibiting the provision of personal wireless serv- ices. "(!!)A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service fa- cilities within a reasonable period of time after the re- quest is duly filed with such government or instrumen- tality, taking into account the nature and scope of such request. "(W) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evi- dence contained in a written record. "(!v) No State or local government or instrumental- ity thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio fre- quency emissions to the extent that such facilities com- ply with the Commission's regulations concerning such emissions. 101 "(v) Any person adversely affected by any final ac- tion or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subaragraph may, within 30 days after such ac- tion or rilure to act, commence an action in any court of competent jurisdiction. The court shall hear and de- cide such action on an expedited basis. Any person ad- versely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Com- mission for relief. "(C)DEFINITIONS.For purposes of this paragraph— YO the term `personal wireless services' means commercial mobile services, unlicensed wireless serv- ices, and common carrier wireless exchange access services; `(H) the term personal wireless service facilities' means facilities for the provision of personal wireless services; and "(iii) the term `unlicensed wireless service' means the offering of telecommunications services using duly authorized devices which do not require individual li- censes, but does not mean the provision of direct-to- home satellite services (as defined in section 303(v)).". (b) RAvlO FREQUENCY EmrssloNs.—Within 180 days after the enactment of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the en- vironmental effects of radio frequency emissions. (c) AVAILABILITY OF PROPERTY.—Within 280 days of the enact- ment of this Act, the President or his designee shall prescribe proce- dures by which Federal departments and agencies may make avail- able on a fair, reasonable, and nondiscriminatory basis, property, rights-of-way, and easements under their control for the placement Wnew telecommunications services that are dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission or reception of such services. These procedures may es- tablish a presumption that requests for the use of propert , rights- of-way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department or agency's mission, or the current or planned use of the propertyy, rights-of-way, and easements in question. Reasonable fees may be charged to providers of such telecommunications services for use of property, rights-of-way, and easements. The Commission shall pro- vide technical support to States to encourage them to make property, rights-of-way, and easements under their,jurisdiction available for such purposes. RI ERS. Section 332(c) (47 U.S.C. 332(c)) is ai a ding at the end the following new paragraph- "`(8) MOBILE cEss.A person engaged in the provisio ercial mobile services, insofar as such person gaged, shall not be required to provide equal access to 207 portionate share of the costs incurred by the owner in making such conduit or right-of-way accessible. Conference agreement The conference agreement adopts the Senate provision with modifications. The conference agreement amends section 224 of the Communications Act by adding new subsection (e)(1) to allow par- ties to negotiate the rates, terms, and conditions for attaching to poles, ducts, conduits, and rights-of-way owned or controlled by utilities. New subsection 224(e)(2) establishes a new rate formula charged to telecommunications carriers for the non-useable space of each pole. Such rate shall be based upon the number of attaching entities. The conferees also agree to three additional provisions from the House amendment. First, subsection (g) requires utilities that engage in the provision of telecommunications services or cable services to impute to its costs of providing such service an equal amount to the pole attachment rate for which such company would be liable under section 224. Second, new subsection 224(h) requires utilities to provide written notification to attaching enti- ties of any plans to modify or alter its poles, ducts, conduit, or rights-of-way. New subsection 224(h) also requires any attaching entity that takes advantage of such opportunity to modify its own attachments shall bear a proportionate share of the costs of such alterations. Third, new subsection 224(i) prevents a utility from im- posing the cost of rearrangements to other attaching entities if done solely for the benefit of the utility, SECTION 704—FACILITIES SITING; RADIO FREQUENCY EMISSION STANDARDS Senate bill No provision. House amendment Section 108 of the House amendment required the Commission to issue regulations within 180 days of enactment for siting of CMS. A negotiated rulemaking committee comprised of State and local governments, public safety agencies and the affected indus- tries were to have attempted to develop a uniform policy to propose to the Commission for the siting of wireless tower sites. The House amendment also required the Commission to com- plete its pending Radio Frequency (RF) emission exposure stand- ards within 180 days of enactment. The siting of facilities could not be denied on the basis of RF emission levels for facilities that were in compliance with the Commission standard. The House amendment also required that to the greatest ex- tent possible the Federal government make available to use of Fed- eral property, rights-of-way, easements and any other physical in- struments in the siting of wireless telecommunications facilities. Conference agreement The conference agreement creates a new section 704 which pre- vents Commission preemption of local and State land use decisions and preserves the authority of State and local governments over 208 zoning and land use matters except in the limited circumstances set forth in the conference agreement. The conference agreement also provides a mechanism for judicial relief from zoning decisions that fail to comply with the provisions of this section. It is the in- tent of the conferees that other than under section 332(c)(7)(B)(iv) of the Communications Act of 1934 as amended by this Act and section 704 of the Telecommunications Act of 1996 the courts shall have exclusive jurisdiction over all other disputes arising under this section. Any pending Commission rulemaking concerning the preemption of local zoning authority over the placement, construc- tion or modification of CMS facilities should be terminated. When utilizing the term "functionally equivalent services" the conferees are referring only to personal wireless services as defined in this section that directly compete against one another. The in- tent of the conferees is to ensure that a State or local government does not in making a decision regarding the placement, construc- tion and modification of facilities of personal wireless services de- scribed in this section unreasonably favor one competitor over an- other. The conferees also intend that the phrase "unreasonably dis- criminate among providers of functionally equivalent services" will provide localities with the flexibility to treat facilities that create different visual, aesthetic, or safety concerns differently to the ex- tent permitted under generally applicable zoning requirements even if those facilities provide functionally equivalent services. For example, the conferees do not intend that if a State or local govern- ment grants a permit in a commercial district, it must also grant a permit for a competitor's 50-foot tower in a residential district. Actions taken by State or local governments shall not prohibit or have the effect of prohibiting the placement, construction or modification of personal wireless services. It is the intent of this section that bans or policies that have the effect of banning per- sonal wireless services or facilities not be allowed and that deci- sions be made on a case-by-case basis. Under subsection (e)(7)(13)(ii), decisions are to be rendered in a reasonable period of time, taking into account the nature and scope of each request. If a request for placement of a personal wireless service facility involves a zoning variance or a public hearing or comment process, the time period for rendering a decision will be the usual period under such circumstances. It is not the intent of this provision to give preferential treatment to the personal wire- less service industry in the processing of requests, or to subject their requests to any but the generally applicable time frames for zoning decision. The phrase "substantial evidence contained in a written record" is the traditional standard used for judicial review of agen- cy actions. The conferees intend section 332(c)(7)(B)(iv) to prevent a State or local government or its instrumentalities from basing the regula- tion of the placement, construction or modification of CMS facilities directly or indirectly on the environmental effects of radio fre- quency emissions if those facilities comply with the Commission's regulations adopted pursuant to section 704(b) concerning such emissions. 209 The limitations on the role and powers of the Commission under this subparagraph relate to local land use regulations and are not intended to limit or affect the Commission's general author- ity over radio telecommunications, including the authority to regu- late the construction, modification and operation of radio facilities. The conferees intend that the court to which a party appeals a decision under section 332(c)(7XB)(v) may be the Federal district court in which the facilities are located or a State court of com- petent jurisdiction, at the option of the party making the appeal, and that the courts act expeditiously in deciding such cases. The term "final action" of that new subparagraph means final adminis- trative action at the State or local government level so that a party can commence action under the subparagraph rather than waiting for the exhaustion of any independent State court remedy other- wise required. With respect to the availability of Federal property for the use of wireless telecommunications infrastructure sites under section 704(c), the conferees generally adopt the House provisions, but sub- stitute the President or his designee for the Commission. It should be noted that the provisions relating to telecommuni- cations facilities are not limited to commercial mobile radio licens- ees, but also will include other Commission licensed wireless com- mon carriers such as point to point microwave in the extremely high frequency portion of the electromagnetic spectrum which rely on line of sight for transmitting communication services. CARRIERS Senate bill Subsection (b) of section 221 of the Senate bill, s 1passed, states that notwithstanding the MFJ or any other c sent decree, no CMS provider will be required by court order otherwise to. provide long distance equal access. The Commis ,n may only order equal access if a CMS provider is subject to t interconnection ob- ligations of section 251 and if the Commiss' finds that such a re- quirement is in the. public interest. Cr providers shall ensure that its subscribers can obtain nblocked access to the interexchange carrier of their .nice through the use of interexchange carrieridentifi ion. codes, except that the unblocking requirement shall apply to mobile satellite services unless the Commission find is in the public interest. House amendment Under section of the House amendment, the Commission shall require pro ers of two-way switched voice CMS to allow their sub ib to access the telephone toll services provider of their choice rough the use of carrier identification codes. The Commissi rules will supersede the equal access, balloting and prescri on requirements imposed by the MFJ and the AT&T- MCC consent decree. The Commission may exempt carriers or cl •es of carriers from the requirements of this section if it is con- REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC license, °MMu"�� 'Federal Communications Commission 9! N Wireless Telecommunications Bureau O RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP Call Sign File Number KNKA675 ATTN:REGULATORY Radio Service CELLCO PARTNERSHIP' CL-Cellular 1120 SANCTUARY PKWY,'#150 GASASREG ALPHARETTA,GA 30009-7630 Market Numer Channel Block CMA266 B Sub-Market Designator FCC Registration Number(FRN): 0003290673 0 Market Name Glens Falls,NY Grant Date Effective Date Expiration Date Five Yr Build-Out Date Print Date 02-05-2008 09-18-2013 01-22-2018 Site Information: "r Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters)- (meters) Registration No. 1 43-38-47.4 N 073-47-20.2 W 454.2 21.0 Address:CHESTERTOWN: Starbuck Hill Road City:CHESTERTOWN County:WARREN State:NY Construc4ion Deadline: Antenna:2 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 181.700 207.600 149.300 182.600 149.800 14.3.800 104.200 102.500 Transmitting ERP(watts) 0.310" 4.710 33.860 63.130 56.220 18.890 1.820 0.200 Antenna: 3 Azimuth(from true north) 0 45 90 135 180 22$ 270 315 Antenna Height AAT(meters) 181.700 207.600 149.300 182.600 "' 149.800 143.800 104.200 102.500 Transmitting ERP(watts) 5.370 0.870 0.200 0.650 5.370 ' 38.900 81.280 38.900 Antenna:4 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 181.700 207.600 149.300 182.600 149.800 143.800` 104.200 102.500 Transmitting ERP(watts) 77.620 51.290 8.910 1.260 0.200 0.380" 1950 27.540 t Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subjecbto the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorizedherein.'Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. §310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. FCC 601-C Page 1 of 5 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign:KNKA675 File Number: Print Date: Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 2 43-08-28;$N' 073-18-44.5 W 306.0 80.5 1009599 Address: (Salem)RICH HILL RD City: SHUSHAN " County:WASHINGTON State:NY Construction Deadline: Antenna:2 Azimuth`(from'true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 172.900 -104.100 -67.200 -2.900 115.100 140.700 221.300 194.500 Transmitting ERP(watts) 175.850 32.220 1.330 0.590 0.590 1.200 47.140 203.850 Antenna:3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) ' 172,900 -104.100 -67.200 -2.900 115.100 140.700 221.300 194.500 Transmitting ERP(watts) 1,280 14.090 25.050 18.120 2.750 0.130 0.130 0.130 Antenna:4 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 172:900 -104.100 -67.200 -2.900 115.100 140.700 221.300 194.500 Transmitting ERP(watts) 1.910 1,910 1.910 31.360 484.110 716.420 95.810 2.580 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 3 43-30-19.3 N 073-22-54.9 W 107.9 81.9 1014197 Address:Whitehall: DICK HYATT RD City:WHITEHALL County:WASHINGTON State:NY. 'Construction Deadline: Antenna: 2 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 134.300 70.700 =7.900 44'.200 84.500 121.800 -99.700 -91.000 Transmitting ERP(watts) 2.240 22.390 77.620' 93.33,0 38.900 5.130 0.230 0.200 Antenna: 3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 134.300 70.700 -7.900 #, {44.200 1, 84.500 121.800 -99.700 -91.000 Transmitting ERP(watts) 2.140 0.200 0.330 5,250, 39.810 93.330 79.430 22.910 Antenna:4 Azimuth(from true north) 0 45 90 135 180 - 225 270 315 Antenna Height AAT(meters) 134.300 70.700 -7.900 44.200 84.500 .121.800 -99.700 -91.000 Transmitting ERP(watts) 95.000 57.240 11.160 0.910 .0:230 1,090 10.910 57.240 FCC 601-C Page 2 of 5 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign:KNKA675 File Number: Print Date: Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 4 43-25-13.8 N 073-45-25.2 W 632.8 33.5 Address:PROSPECT MOUNTAIN: 100 Prospect Mountain City:WARRENSBURG County:WARREN State:NY Construction Deadline: Antenna:2 Azimu6(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 366.300 519.000 483.900 518.600 301.200 338.000 307.400 290.600 Transmitting ERP(watts) 110.380 191.810 8.180 0.550 0.550 0.550 0.550 1.670 Antenna: 3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) • •366.300 519.000 483.900 518.600 301.200 338,000 307.400 290,600 Transmitting ERP(watts) 1.156 1.150 19.420 249.830 142.320 1.550 1.150 1.150 Antenna:4 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 366.300 519.000 483.900 518.600 301.200 338.000 307.400 290.600 Transmitting ERP(watts) 2.060 0.130 0.130 0.160 2.060 26.480 66.510 26.480 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 5 43-01-12.3 N 073-31-20.6 W 422:1 42.7 1237380 Address:Intervale Road i City:Easton County:WASHINGTON State:NY Construction Deadline: Antenna:4 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 315.200 257.700 231'.200 .279.700 298.700 393.300 374.800 396.700 Transmitting ERP(watts) 100.000 57.540 9:770 6.810_ 0.200 0.760 9.770 57.540 Antenna: 5 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 315.200 257.700 231.200 279,700 298.700 393.300 374.800 396.700 Transmitting ERP(watts) 1.610 17.230 27.850 24.820 25.910 4.260 0.200 0.200 Antenna: 6 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 315.200 257.700 231.200 279.700 298,700 393.300 374.800 396.700 Transmitting ERP(watts) 1.590 0.200 0.200 5.380 28.710 42.000 41.090 18.030 l; FCC 601-C Page 3 of 5 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign:KNKA675 File Number: Print Date: Location.Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 6 43-28-23.4 N- 073-45-35.9 W 455.4 27.1 Address: 21 Thyme-Lea Place City:Lake George, County:WARREN State:NY Construction Deadline: 10-06-2009 Antenna: 1 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 163,700 283.500 227.300 284.100 50.000 124.700 121.400 199.300 Transmitting ERP(watts) 594.740 567.970 58.120 1.430 1.430 1.430 1.430 98.700 Antenna:2 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters)i' 163.700 283.500 227.300 284,100 50.000 124.700 121.400 199.300 Transmitting ERP(watts) `1.436 4.110 242.280 698.750 366.710 7.840 1.430 1.430 Antenna:3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 163.700 283.500 227.300 284.100 50.000 124.700 121.400 199.300 Transmitting ERP(watts) 1.430 '1`:430 1.430 1.430 27.180 430.850 698.750 179.610 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 7 43-20-58.4 N 073-42-59.4 W 192:9 37.8 Address: (Aviation&Dixon) 1127 West Mountain Road City:Queensbury County:WARREN State:NY Construction Deadline:09-18-2014 Antenna: 1 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) -11.300 17.000 131.300 J, 8.200 105.000 -23.700 -73.900 -146.800 Transmitting ERP(watts) 580.250 94.740 1.330 1.330 1.330 1.330 1.330 111.310 Antenna:2 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) -11.300 17.000 131.300+, '138.300,,i 105.000 -23.700 -73.900 -146.800 Transmitting ERP(watts) 1.330 31.120 485.570 .,265.390 2.300 1.330 1.330 1.330 Antenna:3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) -11.300 17.000 131.300 138.300 105.000 23.700 -73.900 -146.800 Transmitting ERP(watts) 1.330 1.330 1.330 17.830 361.070 292,090 5.380 1.330 Control Points: Control Pt.No.3 Address: 500 W.Dove Road City: Southlake County: TARRANT State:TX Telephone Number: (800)264-6620 j t FCC 601-C Page 4 of 5 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign:KNKA675 File Number: Print Date: Waivers/Conditions: THIS AUTHORIZATION IS SUBJECT TO THE CONDITION THAT,IN THE EVENT THAT CELLULAR SYSTEMS USING THE SAME'FREQUENCY BLOCK AS GRANTED HEREIN ARE AUTHORIZED IN ADJACENT TERRITORY IN CANADA,COORDINATION OF ANY OF THE LICENSEE'S TRANSMITTER INSTALLATIONS WHICHARE WITHIN 45 MILES OF THE U.S.CANADA BORDER SHALL BE REQUIRED TO ELIMINATE ANY HARMFUL INTERFERENCE THAT MIGHT OTHERWISE EXIST AND TO INSURE CONTINUANCE OF EQUAL ACCESS TO THE FREQUENCY BLOCK BY BOTH COUNTRIES. FCC 601-C Page 5 of 5 August 2007 REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC license. P�°auuro 'Federal Communications Commission d w � Wireless Telecommunications Bureau NIS+`Og RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP Call Sign File Number KNKA246 0006672353 ATTN:REGULATORY Radio Service CELLCO PARTNERSHIP CL-Cellular 1120 SANCTUARY PKWY,'#150 GASA5REG ALPHARETTA,GA 30009-7630 Market Numer Channel Block CMA044 B Sub-Market Designator FCC Registration Number(FRN): 0003290673. 0 Market Name Albany-Schenectady-Troy,NY Grant Date Effective Date Expiration Date Five Yr Build-Out Date Print Date 04-14-2015 04-14-2015 05-15-2025 04-14-2015 Site Information: Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 2 43-08-54.3 N 073-47-03.4 W 215.0 - Address: SARATOGA:KINGS STATION ROAD City: GREENFIELD County: SARATOGA State:NY Construction Deadline: Antenna: 1 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 41.400 174.700 188.400 175.600 172.800 110.000 -41.500 -71.300 Transmitting ERP(watts) 100.000 57.540 7.760 0.630 0.160 0.630 7.760 57.540 Antenna:2 Azimuth(from true north) 0 45 90 135 = 180 225' 270 315 Antenna Height AAT(meters) 41.500 174.700 188.400 175.600 172.800 110.000 -41.500 -71.000 Transmitting ERP(watts) 1.450 19.500 79.430 95.500 36.310` 3.240 0.160 0.160 Antenna: 3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 41.500 174.700 188.400 175.600 172.800 110,000.' -41.500 -71.300 Transmitting ERP(watts) 1.450 0.160 0.160 3.240 36.310 95;500 79.430 19.500 Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in'the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorizedherein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. §310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. FCC 601-C Page 1 of 4 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign:KNKA246 File Number: 0006672353 Print Date: 04-14-2015 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 3 42-37-39,4 N 074-00-37.4 W 554.7 46.3 Address:THACHER PARK:5 MILES SOUTHWEST OF CAMP PINNACLE ROAD City:New Scotland County:ALBANY State:NY Construction Deadline: Antenna: 1 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 479.100 506.400 512.200 439.300 211.900 133.200 261.500 223.800 Transmitting ERP(watts) 75.080 2.650 1.000 1.000 1.000 7.850 122.830 257.550 Antenna:2 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 479,100 506.400 512.200 439.300 211.900 133.200 261.500 223.800 Transmitting ERP(watts) - 37.050 79.470 71.390 28.640 1.470 0.930 0.930 1.810 Antenna:3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 479.100 506.400 512.200 439.300 211.900 133.200 261.500 223.800 Transmitting ERP(watts) 1.000 1,000. - 6.450 98.460 230.900 140.000 15.040 1.000 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 4 42-54-41.3 N 074-29-08.6 W 239.9 58.9 Address:PALATINE BRIDGE:MORNING ROAD, I.I MILE NORTH OF ROUTE 90 City:PALATINE County:MONTGOMERY State:NY Construction Deadline: Antenna: 1 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 1.800 113.800 153..300 }-16.900 9.400 64.300 128.700 51.600 Transmitting ERP(watts) 79.850 41.860 4.450 0,990 0.990 0.990 24.680 85.260 Antenna:2 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 1.800 113.800 153.300. -16.900 9.400 64.300 128.700 51.600 Transmitting ERP(watts) 1.060 62.500 403.500 ` '403.500 71.750 2.380 0.990 0.990 Antenna: 3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 1.800 113.800 153.300 -16.900 9.400 64:300 128.700 51.600 Transmitting ERP(watts) 0.990 0.990 0.990 6.230 129.570 368!520 230.740 26.950 `i FCC 601-C Page 2 of 4 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign:KNKA246 File Number: 0006672353 Print Date: 04-14-2015 Location,Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 5 43-10-40.3 N 073-55-44.5 W 469.7 Address: ALPINE:LOCATED OFF ORMSBEE ROAD City:GREENFIELD County:SARATOGA State:NY Construction Deadline: Antenna: 1 Azimuth(from true north) 0> 45 90 135 180 225 270 315 Antenna Height AAT(meters) 97.800 242.900 307.900 353.300 310.900 80.200 60.700 59.100 Transmitting ERP(watts) 100.000 100.000 100.000 100.000 100,000 100.000 100.000 100.000 Location Latitude Longitude: Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 7 42-36-20.3 N 073-27-36:4 W Address:Fire Tower Road City: Stephentown County:RENSSELAER State:NY Construction Deadline: Antenna: 1 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 87.100 103'.400 86.700 194.400 253.100 332.400 345.400 279.800 Transmitting ERP(watts) 44.000 75.960 35,390 2.610 0.290 12.190 72.680 58.030 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 8 42-58-16.3 N 074-40-50.5 W 352:4 Address:MINDEN: 0.41 MILES FROM THE INTERSECTIONOF ROUTE 5S AND SANDERS ROAD BEARING 4 City:MINDEN County:MONTGOMERY State:NY `:Coustruction Deadline: Antenna: 1 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 5.500 -53.300 88.400 "16'8.300,' 75.300 -3.700 45.400 124.100 Transmitting ERP(watts) 100.000 100.000 100.000 `10 .000 100.000 100.000 100.000 100.000 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 9 42-51-27.9 N 073-23-22.8 W 368.2 93,.9, Address:Le Barron Hill Rd. City:Hoosick County:RENSSELAER State:NY Construction Deadline: Antenna: I Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 248.400 267.300 167.000 111.500 70.400. 85.300;,' 293,500 276.100 Transmitting ERP(watts) 72.440 19.050 7.240 20.420 81.280 97.720 97.720 95.500 FCC 601-C Page 3 of 4 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign:KNKA246 File Number: 0006672353 Print Date: 04-14-2015 Location.Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 10 42-17-053N 074-15-53.9 W 911.7 34.8 Address:Windham Ski Area-Base Lodge City:Windham ' County;GREENE State:NY Construction Deadline: 10-27-2009 t Antenna: 1 Azimuth'(from'true north), 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 310,800 465.300 318.700 266.900 255.100 310.100 350.200 327.100 Transmitting ERP(watts) 116.240 92.730 14.970 0.620 0.620 0.620 16.420 99.360 Antenna:2 Azimuth(from true north)';0' 45 90 135 180 225 270 315 Antenna Height AAT(meters) 310.800 465.300 318.700 266.900 255.100 310.100 350.200 327.100 Transmitting ERP(watts) 0.$00 . 39.870 112.180 115.180 66.580 4.670 0.620 0.620 Antenna:3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 310:800 465.300 318.700 266.900 255.100 310.100 350.200 327,100 Transmitting ERP(watts) 0.780 0,620 0.620 4.890 70.940 115.560 109.620 35.530 Control Points: Control Pt.No. 1 Address: 500 W Dove Rd City: Southlake County: TARRANT State: TX Telephone Number:(800)264-6620 Waivers/Conditions: License renewal granted on a conditional basis,subject to the;outcome of FCC proceeding WT Docket No. 10-112(see FCC 10-86,paras. 113 and 126). FCC 601-C Page 4 of 4 August 2007 REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC license. G- it ,Federal Communications Commission Wireless Telecommunications Bureau k J ; 3 RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP Call Sign File Number ATTN:REGULATORY WPTS935 0004874139 CELLCO PARTNERSHIP Radio Service 1120 SANCTUARY PKWY,#150 GASA5REG CW-PCS Broadband ALPHARETTA,GA 30009-7630 FCC Registration Number(FRN): 0003290673 Grant Date Effective bate Expiration Date Print Date 11-15-2011 11-15-2011 12-10-2021 11-16-2011 Market Number Channel Block Sub-Market Designator BTA164 Market Name GI ons NY 1st Build-out Date 2nd Build-out Date 3rd,'Build-out Date 4th Build-out Date 12-10-2006 Waivers/Conditions: This authorization is subject to the condition that,in the event that systems using the same frequencies as granted herein are authorized in an adjacent foreign territory(Canada/United States),future coordination of any base station transmitters within 72 km(45 miles)of the United States/Canada border shall be required to eliminate any harmful interference to operations in the adjacent foreign territory and to ensure continuance of equal access to the frequencies by both countries. License renewal granted on a conditional basis,subject to the outcome of FCC proceeding WT Docket No. 10-112(see FCC 10-86,paras. 113 and 126). Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),thjs license is supject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any rigli}_in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein,''Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified"on the hodcopyversion. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 1 April 2009 REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC,license. `°""°*,�9� Federal Communications Commission W Y Wireless Telecommunications Bureau µ N �oq°'kMiy +V �� RADIO STATION AUTHORIZATION LICENSEE: CEUCO PARTNERSHIP Call Sign File Number ATTN:REGULATORY; . WQCS418 0006668604 CELLCO PARTNERSHIP Radio Service 1120 SANCTUARY PKWY,#150 GASA5REG CW-PCS Broadband ALPHARETTA,GA 30009-7630,E FCC Registration Number(FRN): 0003290673 Grant Date Effective Date Expiration Date Print Date 04-23-2015 04-23-20.15 05-13-2025 04-24-2015 Market Number Channel Block Sub-Market Designator BTA007 C 6 Market Name Albany-Schenectady,NY 1st Build-out Date 2nd Build-out Date _ 3rdjBuild-out Date 4th Build-out Date 05-13-2010 Waivers/Conditions: License renewal granted on a conditional basis,subject to the outcome'of FCC proceeding WT Docket No. 10-112(see FCC 10-86,paras. 113 and 126). Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license"is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor"any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein:'Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Comtn4nlcations Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy,version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 1 April 2009 REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC license. �r Federal Communications Commission LL x Wireless Telecommunications Bureau J iy 3 4 `OMi is RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP Call Sign File Number ATTN:REGULATORY WQEM928 0007057132 CELLCO PARTNERSHIP Radio Service 1120 SANCTUARY PKWY,#150 GASA5REG CW-PCS Broadband ALPHARETTA,GA 3000977601' ` FCC Registration Number(FRN): 0003290673 Grant Date Effective Date. Expiration Date Print Date 03-11-2016 03-11-2016 03-08-2026 03-12-2016 Market Number Channel Block Sub-Market Designator BTA007 C 5 Market Name Albany-Schenectady,NY 1st Build-out Date 2nd Build-out Date 3rd'Build-out Date 4th Build-out Date 03-08-2011 Waivers/Conditions: . Grant of the request to update licensee name is conditioned on it not reflecting an,assignment or transfer of control(see Rule 1.948);if an assignment or transfer occurred without proper notification or FCC approval,the grant is void and the station is licensed under the prior name. License renewal granted on a conditional basis,subject to the outcome of FCC proceeding WT Docket No. 10-112(see FCC 10-86,paras. 113 and 126). Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license'is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right,in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein:_Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communisations Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified,on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at hUp://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 1 April 2009 REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC license. °_MU u"��9; Federal Communications Commission N Wireless Telecommunications Bureau 1 "°MNis` RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP Call Sign File Number ATTN:REGULATORY WQJQ689 CELLCO PARTNERSHIP Radio Service 1120 SANCTUARY PKWY,#1150 GASA5REG WU-700 MHz Upper Band(Block C) ALPHARETTA,GA 30009-7630, FCC Registration Number(FRN): 0003290673 Grant Date Effective Date > Expiration Date Print Date 11-26-2008 03-26-2013 06-13-2019 Market Number Channel Block Sub-Market Designator REA001 C 0 Market Name Northeast 1st Build-out Date 2nd Build-out Date i 3rd Build-out Date 4th Build-out Date 06-13-2013 06-13-2019 Waivers/Conditions: If the facilities authorized herein are used to provide broadcast operations,whether exclusively or in combination with other services,the licensee must seek renewal of the license either within eight years from the commencement of the broadcast service or within the term of the license had the broadcast service not been provided,whichever period is shorter in length. See 47 CFR§27.13(b). This authorization is conditioned upon compliance with section 27.16 of the Commission's rules, Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is sybject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized,herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C.§ 310(d). This license is subject in terms to the right of use or control coq e'rred.by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. ' This license may not authorize operation throughout the entire geographic area or spectrum identified on the;hardcopyve'rsion. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area informatio under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 1 April 2009 REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC license. U Federal Communications Commission y Wireless Telecommunications Bureau MIII S RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP Call Sign File Number ATTN:REGULATORY WQGA715 0006015570 CELLCO PARTNERSHIP Radio Service 1120 SANCTUARY PKWY;#150 GA$A5REG AW-AWS, 1710-1755/2110-2155 MHz ALPHARETTA,GA 30009-7630 bands FCC Registration Number(FRN): 0003290673 Grant Date Effective Date Expiration Date Print Date 11-29-2006 03-12- 014 11-29-2021 05-09-2014 Market Number Channel Block Sub-Market Designator REA001 F . 11 Market Name Northeast 1st Build-out Date 2nd Build-out Date 3r&Build-out Date 4th Build-out Date Waivers/Conditions: This authorization is conditioned upon the licensee,prior to initiating operations from any base or fixed station,making reasonable efforts to coordinate frequency usage with known co-channel'and'adjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations. See,e.g.,FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band,Public Notice,FCC 06-50,WTB Docket No.02-353,rel.April 20, 2006. AWS operations must not cause harmful interference across the Canadian or Mexicari Border. The'authority granted herein is subject to future international agreements with Canada or Mexico,as applicable. Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license'is subject to the following conditions: This license shall not vest in the licensee any right to operate the station not any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein:''Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. §310(d). This license is subject in terms to the right of use or control c010eired•by §706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified-on the,hni'dcopy'yersion. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 1 April 2009 REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cases where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC license. °"-N�"�� r Federal Communications Commission K Wireless Telecommunications Bureau ti RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP Call Sign File Number ATTN:REGULATORY WQGA902 0006150136 CELLCO PARTNERSHIP Radio Service 1120 SANCTUARY PKWY,#150 GASA5REG AW-AWS(1710-1755 MHz and ALPHARETTA,GA 30009-7630 2110-2155 MHz) FCC Registration Number(FRN): 0003290673 ' Grant Date Effective Date Expiration Date Print Date 11-29-2006 12-28-2013 11-29-2021 02-14-2014 Market Number Channel Block Sub-Market Designator BEA005 B 5 Market Name Albany-Schenectady-Troy,NY 1st Build-out Date 2nd Build-out Date 3YdBuild-out Date 4th Build-out Date Waivers/Conditions: ttf 1 This authorization is conditioned upon the licensee,prior to initiating operations from any base or fixed station,making reasonable efforts to coordinate frequency usage with known co-channeland`adjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations. See,e.g.,FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band,Public Notice,FCC 06-50,WTB Docket No.02-353,rel.April 20, 2006. AWS operations must not cause harmful interference across the Canadian or Mexicari Border. The'authority granted herein is subject to future international agreements with Canada or Mexico,as applicable. Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this licepse'is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein 'Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy-version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 1 April 2009 i wireless Network Engineering Group 225 Jordan Road Troy, New York 12180 AVIATION MALL GF COMMUNICATIONS FACILITY AVIATION MALL ROAD, TOWN OF QUEENSBURY, NY Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless" or the "Applicant") is proposing the co- location of a new public utility/personal wireless service facility (the"communications facility") on the City of Glens Falls water tank located off Aviation Mall Road in the Town of Queensbury, Saratoga County, New York(known internally as"Aviation Mall GF"). The purpose of this project is to improve wireless coverage and capacity in the Aviation Mall area of the Town of Queensbury and specifically along Interstate 87 (1-87), US Highway 9 (US-9) and Aviation Road. Deployment of the proposed facility will also add new 700 MHz Upper Band (Block C) and Advanced Wireless Services (AWS) frequencies to Verizon Wireless' existing regional wireless network. Verizon Wireless uses these frequencies for access to its new fourth generation (4G) communication services. This project is a necessary and critical upgrade of the Verizon Wireless communications network in the Town of Queensbury. Upon completion, new, advanced emergency and non-emergency 4G Verizon Wireless communication services will be provided to a significant portion of the Town, in a matter consistent with all applicable technological and land use requirements. Fourth Generation (4G) Network Technology Pursuant to certain licenses granted by the Federal Communications Commission (FCC), Verizon Wireless owns and operates a wireless mobile services network in the Town of Queensbury offering modern, high-speed third generation (3G) voice, data, video and other services using legacy Cellular and Personal Communications Services (PCS) frequencies. These licenses afford Verizon Wireless the exclusive right to transmit and receive signals within the licensed frequency bands. Due to the popularity of wireless devices and the explosion of voice, data and other wireless services, network resources and available spectrum in both the Cellular and PCS licensed bands are quickly approaching maximum capacity. Simultaneously, wireless carriers are deploying new 4G technologies nationwide, offering improved and expanded voice, data and other wireless services. Additional spectrum and radio channels are required to deploy these new technologies, as generally there isn't sufficient space on the existing licensed frequencies to accommodate the migration from 3G to 4G services. In response to the wireless industry's growing need for additional spectrum, the FCC began the process of auctioning off 700 MHz spectrum to interested wireless service providers in 2008. The 700 MHz spectrum was previously used for analog television broadcasting, specifically UHF Channels 52 through 69. In 2009, as a result of these auctions, Verizon Wireless acquired nation-wide FCC licenses in the 700 MHz band and is using this spectrum to provide 4G services to its customers. Furthermore, Verizon Wireless has acquired additional frequencies in the Advanced Wireless Services (AWS) frequency band to compliment its existing frequencies and provide additional high-speed 4G bandwidth. -2- Long Term Evolution (LTE)Technology The technology path selected by Verizon Wireless for migration to 4G network functionality is known as LTE (Long Term Evolution). LTE is an advanced high-performance air interface standard that is designed to increase mobile telephone network coverage and capacity, offering throughput speeds that range from 12 to 20 times faster than Verizon Wireless' existing 3G technology, known as EVDO (Evolution Data Optimized). For the foreseeable future, the LTE standard will be backward-compatible with Verizon Wireless' existing voice and data services, so customers using LTE devices in areas where LTE service may not exist will seamlessly access and use the legacy 3G network. However, the transition to 4G-only devices has begun and will become the norm in 2016 (thus increasing the importance of ensuring 4G network coverage and performance is equal to or better than the underlying legacy 3G network). As compared to Verizon Wireless' existing CDMA network, LTE technology uses different signaling schemes (i.e., frequency division multiplexing similar to that of modern-day WiFi and WiMax versus Verizon Wireless' existing 3rd generation CDMA, or Code Division Multiple Access, technology), operating frequencies and power levels. Having said this, the basic wireless network design principles are similar and will apply to this technology, and the ability to control and minimize interference is critical to the overall performance and reliability of the network. It is important to note however that 4G/LTE technology operates at lower power levels than 3G, and as a result spacing between new 4G facilities is generally the same or less than spacing between legacy 3G (as well as earlier analog and 2G) facilities. For these reasons, the LTE deployment focuses on achieving maximum network performance by carefully minimizing interfering signals from neighboring and distant sites while maximizing coverage within each site's targeted coverage area. This objective is pursued by installing high performance LTE antennas at each new and existing facility, with each LTE antenna selected based on its inherent operational characteristics (antenna pattern, gain) and adjusted (via antenna orientation, downtilt, etc.) to contain coverage within only a well-defined target area(thus reducing interference neighboring and distant sites). To achieve acceptable data speeds and performance in LTE, a mobile device must operate in a relatively low interference environment (i.e., where spillover coverage from surrounding and distant facilities is minimized) while receiving sufficiently strong signals from its intended serving cell. As with CDMA where a pilot or reference signal is used to determine cell coverage, LTE coverage and performance is also determined by the strength and quality of the reference signal generated by a nearby serving site. In LTE terms, the signal strength of this reference signal is referred to as the Reference Signal Received Power level, or RSRP. An LTE mobile device must be able to receive and decode the reference signal in order to successfully connect and maintain reliable connection to the wireless network. The reference signal power used by Verizon Wireless to ensure reliable LTE coverage, service and performance in rural and highway areas is-105 dBm. Aviation Mall Communications Facility The purpose of the Aviation Mall GF communications facility is to provide new 4G coverage and capacity to the Aviation Mall area in the Town of Queensbury, including improved "in-building" coverage for hand- held devices operating in and around the mall and generally bounded by Weeks Road (north), US-9 (east), Upper Sherman Avenue (south), and Queensbury High School (west). More specifically, new and/or improved service (both capacity and in-building level coverage) will be provided across 2.0± miles along 1-87, 1.4± miles along US-9, 1.5± miles along Aviation Road/Quaker Road, along multiple local and community roads (e.g., Dixon Road, Burke Drive, Cottage Hill Road, Sweet Road, etc.), into Aviation Mall and the multiple other shopping areas and businesses along and near Aviation Road and US-9, and to the local and commuter traffic passing thru the targeted coverage improvement area. Existing 4G/LTE service in the area is limited (due to rolling terrain and patches of dense tree cover, and the significant amount of network usage generated from in and around Aviation Mall and 1-87 Exit 19) and originates from existing Verizon Wireless communications facilities in the Town of Queensbury and City of Glens Falls. These surrounding facilities include "Glens Falls North" (1.6± miles east on the Radio Broadcast tower off Everts Road in the Town of Queensbury), "Glens Falls Downtown" (1.7± miles southeast on the Travelers Insurance building rooftop at 333 Glen Street in the City of Glens Falls), "Glens Falls" (2.4± miles south on the 195 ft. self-support tower off 1-87 Exit 18 in the Town of Queensbury), and "Aviation & Dixon" (2.6± miles northwest on Town of Queensbury property located at -3- 1127 West Mountain Road in the Town of Queensbury). Although these facilities are successful in providing coverage and network capacity within their intended localized areas, they do not provide sufficient 4G/LTE coverage and capacity to the areas described for the Aviation Mall GF facility's objectives. To demonstrate the current level of 4G/LTE service in the Aviation Mall portion of Queensbury, a propagation analysis at Verizon Wireless' -105 dBm RSRP design standard signal level is provided at Exhibit 11. When viewing the results in Exhibit 1, coverage satisfying the -105 dBm RSRP threshold is displayed as the blue region, the yellow region illustrates future coverage (from Verizon Wireless' zoning- approved "Glen Lake" tower 3.8 miles north off NY State Route 149), while areas in white are those in need of new and/or improved 4G wireless service. The area circled in red encompassing Aviation Mall, Queensbury High School and the US-9/Aviation Road intersection is approximately the high network usage area, i.e., the area in need of capacity offload (via the proposed Aviation Mall GF site) from surrounding sites in the Town of Queensbury and City of Glens Falls. A propagation analysis showing the new 4G emergency and non-emergency coverage and capacity that will be provided by the proposed Aviation Mall GF communications facility (shown in the color green) is included at Exhibit 2. When complete, the proposed Aviation Mall GF facility will significantly improve 4G LTE service in and around Aviation Mall and effectively offload network traffic (usage) from customers living, visiting, or passing through the 1-87 Exit 19 area that are currently underserved by the existing (and increasingly capacity-limited) surrounding Verizon Wireless facilities in Queensbury and the City of Glens Falls. With customer traffic in the mall area routed through the proposed Aviation Mall GF facility, the amount of available network capacity (i.e., 4G network bandwidth)will be nearly tripled in and around the Aviation Mall/ 1-87 Exit 19 portion of the Town of Queensbury. General Methodology—Network Design Verizon Wireless' approach to determining cell site location begins with recognition that a particular geographic area cannot be sufficiently served by the existing communications facilities in the surrounding network (i.e., coverage is deficient and/or network capacity provided by the existing facilities is reaching upper limits). A "search area" (defined as the geographic area where a cell site needs to be placed in order to provide adequate and safe coverage, capacity, and performance) is created by a qualified in— house Radio Frequency(RF)engineer to remedy the demand. Once the search area is identified, Verizon Wireless looks for a site within the search area that is both technically appropriate and sensible from a zoning and land use perspective. Subject to technical limitations, a site search generally involves consideration of the following: existing towers; other existing tall structures; industrial and commercial zones; agricultural zones; and lastly, residential zones. Local zoning requirements are also considered in consultation with Verizon Wireless' land use counsel. Aviation Mall GF Search Area The primary issue in and around the Aviation Mall / 1-87 Exit 19 portion of the Town of Queensbury is a lack of adequate coverage and network capacity due to the existing and evolving volume of network usage generated in this area. As noted above, what service currently exists in this area originates primarily from existing communications facilities ranging from 1.6 miles to 2.6 miles away from the proposed Aviation Mall GF facility. Dramatic increases in network demand coupled with the fact that the neighboring facilities were initially designed to provide coverage to downtown Glens Falls and other areas within the Town of Queensbury render them ineffective in adequately serving the targeted areas in and surrounding Aviation Mall. To resolve these issues, a new wireless facility is required to provide localized new and improved 4G/LTE service to the Aviation Mall area and generally around 1-87 exit 19. To begin the process of identifying suitable locations to develop a new facility in the Aviation Mall portion of town, the Aviation Mall GF search area was created. An illustration of the Aviation Mall GF search area is set forth in the aerial map provided at Figure 1 below. All propagation studies in this report were developed using a Verizon Wireless in-house radio frequency propagation prediction tool called"Geoplan". -4- Figure 1 —Aviation Mall GF Search Area The location of the Aviation Mall GF search area is driven primarily by the site's coverage and capacity objectives, as Verizon Wireless' facility must be located in an area where it can provide the needed coverage and capacity "relief' to the adjacent existing facilities in the Verizon Wireless network. More specifically, the radio frequency (RF) propagation analysis provided at Exhibit 1 was used to define the coverage gap and dictated the best theoretical site locations near the center of the coverage gap (so that new coverage can project uniformly in all directions from the center to the outer edges of the gap). With the search area location identified, information gained via site visits and by reviewing the Queensbury zoning map and satellite imagery similar to that provided in Figure 1 above was used to target feasible colocation and raw land locations within the search ring. Site Analysis Summary As described previously, Verizon Wireless looks for a site within a defined geographic area (the "search area") that is both technically appropriate and sensible from a zoning and land use perspective. Verizon Wireless' search for feasible Aviation Mall GF facility candidates was performed in consultation with Verizon Wireless' land use counsel and specifically considered the siting priorities set forth in §§ 179-5- 130[C] and [G] of the Town of Queensbury Zoning Law(Telecommunications Towers), as follows: -5- Priority 1 -Co-Location on Existing Telecommunications Towers Based upon Verizon Wireless' review of the Aviation Mall GF search area, the only existing tower structures are the National Grid utility pole lines running along the south perimeter of the Aviation Mall property. AT&T has an existing wireless facility on one of the National Grid poles in the mall parking lot (east side of the mall). Verizon Wireless did inquire with National Grid about the possibility of developing a similar type of installation, but National Grid was not interested in pursuing the project. Since colocation or power pole replacement was not a viable option (due to National Grid's lack of interest), colocation on an existing power pole was no longer considered a viable option. As a result, Verizon Wireless considered other options using the remaining tower siting priorities set forth in the town's zoning law. Priority 2 -Co-Location on Other Tall Structures When considering its options for a new wireless facility in the Aviation Mall area of Queensbury, Verizon Wireless was aware of and analyzed the City of Glens Falls' water tank off Aviation Mall Road as a potential colocation opportunity to resolve its localized coverage and capacity deficiencies. Since the water tank is at a suitable location and offers sufficient height from which Verizon Wireless' antennas would provide the desired level of 4G coverage and capacity improvements at/near Aviation Mall, Verizon Wireless pursued and secured a lease with the City of Glens Falls to collocate on its water tank. As described previously and demonstrated in the propagation analysis at Exhibit 2, once complete Verizon Wireless' proposed Aviation Mall GF site will provide the desired level of new and improved 4G wireless service (both emergency and non-emergency coverage and calling capacity) to the 1-87 Exit 19 area within the Town of Queensbury. Since Verizon Wireless is proposing to collocate its proposed Aviation Mall GF wireless facility on an existing structure on municipal property, no other candidates were necessarily considered. Technical Information Frequency/Modulation/Type of Service The frequency, modulation and class of service of Verizon Wireless' radio equipment will be: Frequencies: Cellular(B Band) Tx 880.020—889.98 and 891.51 -893.970 MHz Rx 835.020—844.98 and 846.51 -848.970 MHz Personal Communications Service (PCS) Tx 1975.00— 1990.00 MHz Rx 1895.00— 1910.00 MHz WU 700 MHz Upper Band (Block C) Tx 746.00—757.00 MHz Rx 776.00—787.00 MHz Advanced Wireless Services (AWS-1) (Block F) Tx 2145.00—2155.00 MHz Rx 1745.00— 1755.00 MHz Modulation: Long Term Evolution (LTE) Class of Service: Handheld Mobile Communications -6- Transmission Power Levels Verizon Wireless will operate one 700 MHz LTE channel at 60 watts (maximum power) at the transmitter, which equates to approximately 400 watts/MHz ERP out of the antenna (well below the maximum 1000 watts/MHz ERP limit). Verizon Wireless will also operate one 2100 MHz AWS-1 LTE channel at 60 watts (maximum power) at the transmitter, which equates to approximately 500 watts/MHz ERP out of the antenna (well below the maximum 2000 watts/MHz ERP limit). Future power levels for 850 MHz and 1900 MHz LTE will be similar to those provided for 700 MHz and 2100 MHz LTE described above, respectively, with each transmitting well below FCC power limits (1000 Watts ERP for 850 MHz and 2000 watts ERP for 1900 MHz). Categorical Exclusion /Maximum Permitted Exposure (MPE) A completed report entitled "RF Safety FCC Compliance of Proposed Communications Facility Modifications" prepared by Millennium Engineering, P.C. is included in the application materials, to document that the proposed modifications will be: (a) in full compliance with the current FCC RF emissions guidelines (NIER); and (b) categorically excluded from local regulation under applicable federal law. Respectfully submitted by: Rick Andras Radio Frequency(RF) Design Engineer Cellco Partnership d/b/a Verizon Wireless Date: May 11, 2016 ',tJC J N - l - -FT Cd O W -1 cz C'j LL Ll bA LL – 1 v ►y O –— ,ro L J 1 O06 .. r >~ - \ NI 'C'6 f y C 9 ipMmmm Mtn- o �I t LI a m �1G AJ ■ a �• Z a�pi p m a i01 o W N Incl 2 u�N?m.. — y p n cc O 7 rn��no ci0 �, ■ ®i o o u) f7 a Y O Q O ^L — L.L 1 c� 1-F N 0 r � w 4-0LLwz,_- U) bA 57< - - _ Q) 5 LLQ Y _ . �1 �T -co - LO _ - O CD O ` r J NI, N m _ � cu O ■/I�■J� �ry��m n O L � � N� �IG F CW W w moHm" E mz 32 v o STRUCTURAL ANALYSIS REPORT ANTENNAT DESIGN EXISTING 122.6—FOOT TALL WATER TANK VERIZON WIRELESSIT o AVIATION MALL GF VERIZON WIRELESS PROJECT NUMBER: 20130926391 AVIATION LL ROAD, TOWN OF QUEENSBURY, WARREN COUNTY, NY 12804 PREPARE® FOR: verizo 1275 John Street, Suite #100 West Henrietta, NY 14586 Attn: Ms. Jackie Bartolotta PREPARE® Y: TECTONIC ENGINEERING & SURVEYING CONSULTANTS, P.C. 36 British American Blvd., Suite 101 Latham, New York 12110 (P) 516-763-1630 (F) 516-733-1544 March 9, 2015 Of NF- 90 s , j/ Peter P,, oma, EIT Steven : Y s, PE, LEE®-AP Practical solutions, Exceptional Service TECTONIC W.O.7072.122 in Structural Analysis Report Verizon Wireless Aviation Mall GF Practical Solutions,Exceptional Service TABLE OF CONTENTS SECTION ITEM PAGE 1.0 INTRODUCTION I 2.0 DESIGN CRITERIA 1 3.0 REFERENCE DOCUMENTS 1 4.8 ASSUMPTIONS 2 5.0 WATER TANK LOADING Z 6.0 DESIGN PROCEDURE 3 7.0 RESULTS AND CONCLUSIONS 3 APPENDIX A ANTENNA MOUNT CALCULATIONS APPENDIX 8 WATER TANK CALCULATIONS TECTONIC VV.0.7O7I.lZI Structural Analysis Report Verizon Wireless Aviation Mall GF Practical Solutions,Exceptional Service 1.0 INTRODUCTION Tectonic Engineering & Surveying Consultants P.C. (TECTONIC) has performed a structural analysis of the existing 122.6-foot tall water tank located at Aviation Mall Road, in the Town of Queensbury, Warren County, NY. The purpose of this analysis was to evaluate the structural capacity of the existing water tank to accommodate the proposed Verizon Wireless equipment installation. Additionally, the structural design for the proposed antenna mounts and their connections to the water tank has been performed. 2.0 DESIGN CRITERIA This structural analysis was performed in accordance with the following codes, standards, and specifications: • 2010 New York State Building Code • ANSI/TIA-222-G-2005 • ANSI/AWWA D100-05 After a thorough review of the applicable standards and codes, we have determined that the ANSI/AWWA D100-05 standard is the most stringent standard applicable to the overall stability of the water tank, while the ANSI/TIA-222-G-2005 standard is the most stringent standard applicable to the design of the antenna mounts. The following design criteria prescribed in these standards has been utilized in this analysis: • Wind Speed, Vasa = 90 mph • Water Tank Exposure Category= C (per ANSI/AWWA D100-05) • Antenna Mount Exposure Category= C (per ANSI/TIA-222-G-2005) • Design Ice Thickness = 0.75 inches (per ANSI/TIA-222-G-2005) • Structure Class = II • Topographic Category= 1 3.0 REFERENCE DOCUMENTS The following documents were reviewed as part of this analysis: • Site notes and photographs (site visit performed on July 25, 2014 by TECTONIC) • Original Tank Drawings, "City of Glens Falls, NY, (2) 60'-0 DIA x 111'-6 FBDR Standpipe, Contract 55112," by Pitt-Des Moines, Inc., dated September 13, 1995 (4 Pages) • Assembly Drawings, "12' Arch Antenna Frame, File Name: 14078," by Armor Tower Engineering, dated May 7, 2014 (4 Pages) • RF Antenna Design Sheet, Verizon Wireless "Aviation Mall" Site, by Verizon Wireless, dated December 18, 2015, Version: R3 TECTONIC W.O. 7072.122 Structural Analysis Report Verizon Wireless Aviation Mall GF Practical Solutions,Exceptional Service 4.0 ASSUMPTIONS The following assumptions have been made for this analysis: • The water tank and foundation were designed, manufactured, and constructed in accordance with the applicable codes and standards in effect at the time. • The foundation was designed and constructed based on site-specific geotechnical information. • The water tank and foundation have been properly maintained in accordance with industry standards. • All structural and foundation elements, unless noted otherwise, are in good condition and are capable of achieving their maximum allowable stresses. Please note a detailed structural inspection was not performed in conjunction with this analysis. • All structural connections are assumed to have been designed to meet or exceed the allowable stress levels of the members which they are connecting, unless noted otherwise. • Calculation-specific assumptions are as noted in the attached calculations in Appendix A. Portions of this analysis may be affected if any of these assumptions are incorrect or have been made in error. TECTONIC should be notified immediately of any discrepancies or deficiencies which may affect these assumptions. 5.0 WATER TANK LOADING The proposed Verizon Wireless installation consists of installing three (3) new sector mounts, twelve (12) panel antennas (four per sector), six (6) remote radio head units (two per sector), three OVP units (one per sector), and one (1) microwave dish antenna at a RAD height of 108' on the existing water tank. The following table displays the equipment and cable configuration: Verizon Wireless Proposed Loading: RAD Wind Area Weight* Height Qty. Antenna Model No. (ft2) (lbs) Cables 108' 1 Radwin RW-2050-0110 1.48 7.0 (1)5/8"CATH 108' 2 JMA X7C-FRO-860-VR0 5.45 66.7 Jumpers 108' 4 JMA X7C-865-VR0 4.67 58.2 Jumpers 108' 6 Andrew SBNHH-1D65C 7.98 61.9 Jumpers 108' 3 ALU RRH2x60-AWS 2.83 60.0 Jumpers 108' 3 ALU RRH2x60-700 U 1.79 59.8 Jumpers 108' 3 Raycap RRFDC-3315-PF-48 3.16 32.0 (3)Hybriflex** *Antenna and equipment weight includes mounting brackets **Proposed Hybriflex cables to be routed up water tank face within a proposed cable tray TECTONIC W.O. 7072.122 Structural Analysis Report Verizon Wireless Aviation Mall GF Practical Solutions,Exceptional Service 6.0 DESIGN PROCEDURE The following procedure was utilized to perform this analysis: • Calculate the total gravity and lateral load on the water tank and all appurtenances • Determine the acting moments and forces on the water tank • Analyze and verify the structural capacity of the water tank • Design the antenna mounts and their connection to the water tank The proposed gamma sector mount will experience the largest loading due to the proposed antenna configuration. The alpha sector mount was modeled with RISA-31D (Version 14.0). This program was used to build a three-dimensional model of the mounting frame and calculate the member stresses for a variety of load combinations. A summary of this analysis and the accompanying calculations are included in the appendix A of this report. The existing water tank was analyzed using criteria from ANSI/AWWA D100-05. Proprietary spreadsheets were used to calculate member stresses due to the loading of the existing and proposed appurtenances. This analysis and the accompanying calculations are included in appendix B of this report. 7.0 RESULTS AND CONCLUSIONS Based on the results of our analysis, we have determined that the existing water tank,the proposed antenna mounts, and their connection to the tank are structurally sufficient to accommodate the proposed Verizon Wireless installation. This structural analysis is based on a visual inspection of the existing water tank, a review of the documents noted above, and the assumptions listed herein. The contractor shall field verify all existing conditions and notify the design engineer of any discrepancies prior to the installation of the proposed appurtenances. TECTONIC W.O.7072.122 Structural Analysis Report Verizon Wireless Aviation Mall GF Practical Solutions,Exceptional Service APPENDIX A ANTENNA MOUNT CALCULATIONS TECTONIC W.O.7072.122 Job No. 7072.122 Aviation Mall GF Sheet No. of Calculated By PPR Date : 03/08/16 Practical Solutions,Exceptional Service Checked By Date : 03/08/16 WIND AND ICE LOADS PER TIA-222-G W.O. 7072.122 Project Name Aviation Mall GF Location Queensbury, NY 12804 County Warren Tower Type WT Water Tank Structure Class 2 Substantial hazard Exposure Category C Open terrain Topo Category 1 Flat or rolling terrain Height of crest 0 ft Basic Wind Speed 3-sec gust): Without ice 90 mph With ice 40 mph Service 60 mph Ice thickness 0.75 in Gamma Sector Importance Factor Height z(ft) 108 Wind only 1.00 Kh NA Wind with ice 1.00 Kzt 1.00 Ice thickness 1.00 Kz 1.29 Supporting Data: 1.29 Ke 1.00 Kiz 1.13 Kt 0.00 1.13 f 0.00 No Ice 25.34 zg 900 Wind Pressure, With Ice 5.01 U 9.5 qz (psf) Service 11.26 Kzmin 0.85 (tiz) Ice Thk 1.69 Kd 0.95 Tower (gzGh) No Ice 34.21 With Ice 6.76 Gh 1.35 Service 15.20 Appurtenances (gzGh) No Ice 34.21 With Ice 6.76 Service 15.20 Aviation Mall Mount Analysis-Wind Loads Rev G.xlsx WindLoads-TIA-G mc° q o'a o m o w N rna o m a a, M ry °' N 3 m N v Nro n 00 CD II A« w n (7 C W O r O 00 O t _a j C J L �2 r �- �Q3 �Q3 A Z Z,p C J L_ O N N r y �° E c 0 O O LL yO A a N M m r O W °W ZQ3 =Q3 U _ v a i a ° 9 3Z N v Z _ Z W 2 W a 9 3 IL^ � O V ij N 3 @~.�• � b 3 N U v 3 41 U•.• ° r � rn n o �QY N V N U y LL v� W O W Q A M V N y A o n r � Q Q @ U N C LL LL LL LL LL LL N 9 LL V W U U U U U U U M O O O N V � O CL p C v ro n "S of cii .M- Q Q L O O O O O cJ W W o7 4 Cq Iq q q 9 C N M '•may-'� O N N N N 't �? � �- � � �- W O M N N L« N O CLc0 O M N N w zl C C j C v J D � W IQ x o r CL r w_ CL v u '- C � C U CL w — > Q m o c o v c Q a v N. u o m F is R r o CL m U In Y o w 0. 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Section Sets 2'.Sch.40 Pipe 2"Sch.40 Pipe Gr.50 3"Sch.40 Pipe ZAX RIGID Sch.40 Pipe g n I n t TECTONIC SK-3 Peter Roma Aviation Mall GF Mar 8, 2016 at 4:22 PM 7072.122 Aviation Mall Mount Analysis-RIS... j z x 033 -.031 f 03 -.OE 7 -.06 k -.033 032 -,033 i3 -.031 -.031 -.033 it Loads:BLC 1,DL TECTONIC SK-4 Peter Roma Aviation Mall GF Mar 8, 2016 at 4:22 PM 7072.122 Aviation Mall Mount Analysis-RIS... z x 008k/ft ii i .008k/ft/ 13k ri' /' -.012k/ft,r /j / 5,k ! i k r 0(YBt I_fC F9.k/ft/ i / 061 .008k/ft,C' /' :(7D8kiftri /i; r i' a41�UFl s :� i .008k/[r r r r Q,8�f$ 'ii- �i OObk/Its. 2k /. 0 =0105 i �/i r /i' `!1r /r/ r 073 � 13k -13krii. .000fi�, 4r�, -.002 r- ,r , -.00�tvfr� k{" -197kr ' tt� -.197k /j 13kr"A i> %i Loads:BLC 2,WL(z) TECTONIC SK- 5 Peter Roma Aviation Mall GF Mar 8, 2016 at 4:22 PM 7072.122 Aviation Mall Mount Analysis-RIS... ?Y Z X .008k/ft r.008k/ft 012k/ft ft'1461k r> -; k %ft OOSklft fi 133k 03k/ft /ft 4 018 k =.008 k/ft /ft 13 E _ 72k11 ?.007k/ft .004ki -p� /ft 055k -.087k .146k F. _ 03k/ft .Dg8k/ft.146k 04k/ft .007 k/ft -.133k ) �_ 133k 146k Loads:BLC 3,WL(x) TECTONIC SK- 6 Peter Roma Aviation Mall GF Mar 8, 2016 at 4:22 PM 7072.122 Aviation Mall Mount Analysis-RIS... Y Z ® X 005k/ft -,005klft 007k/ft -.005k 102 005k/ft .005k/ft 5k/ft IJ,.-d05k(ft -.005k-/ft �.O050t i� 05k/It .005k/ft Op 06 , � ( 005k ft .005k/f „ 005k/t -.121 081 1005klf —' 5k/ft 0051 i 102k, � -.004k/ 102 T29,`: Loads:BLC 4,DL(ice) TECTONIC SK- 7 Peter Roma Aviation Mall GF Mar 8, 2016 at 4:23 PM 7072,122 Aviation Mall Mount Analysis-RIS... z x -.004k/ftp -.004k/ft ,`' ✓v r/ -.005k/ft,� '004 ot „i ✓✓i. ` �1.67461 i , -.o�t�, .o3+�rt �., /i' ✓i: .�ivdEt✓r�r_ -.004k/n, : .004k, i// 03 Et ✓ / ✓. 19k ✓ �1%' �f_Cji✓ l ✓ i✓: fry -.033k/ % ✓/%%'✓i ✓, ✓/l/i i ✓ i✓ /i✓,� C ' � ;/ 4k(#S i ✓✓1 r ✓i -, ✓,�, ✓ ✓.jft- -.002 !/ -.029ki i i -.029k ; ' -,033kj" i%, Loads:BLC 5,WL(z)ice TECTONIC SK- 8 Peter Roma Aviation Mall GF Mar 8, 2016 at 4:23 PM 7072.122 Aviation Mall Mount Analysis-RIS... AX 004k/ft .004 k/ft .005k/ft ft02k =D02k 1 06 klff /ft 004k/ft -.019k _ L 01 k/ft Df !ft, 005k f `40��d4/ft .004k/ft 2L{ ft .003k/ft ift -.01k 014k -,02k �- 1 k/ft _ D04k%R02k ..., /004 k/ft 019k 003k1ft .019k 02k Loads:BLC 6,WL(x)ice TECTONIC SK- 9 Peter Roma Aviation Mall GF Mar 8, 2016 at 4:23 PM 7072.122 Aviation Mall Mount Analysis-RIS... Company TECTONIC Mar 8,2016 r�F �F Designer Peter Roma 4:23 PM y.J- Job Number 7072.122 Checked By: T e c H N o L o c i e s Model Name Aviation Mall GF (Global) Model Settings Display Sections for Member Calcs 5 Max Internal Sections for Member Calcs 97 Include Shear Deformation? Yes Increase Nailing Capacity for Wind? Yes Include Warping? Yes Trans Load Btwn Intersecting Wood Wall? Yes Area Load Mesh (in'2) 144 Merge Tolerance in .12 P-Delta Analysis Tolerance 0.50% Include P-Delta for Walls? Yes Automatically Iterate Stiffness for Walls? Yes Max Iterations for Wall Stiffness 3 Gravity Acceleration ft/sec^2 32.2 Wall Mesh Size in 12 Ei ensolution Convergence Tol. 1.E- 4 Vertical Axis Y Global Member Orientation Plane Xz Static Solver S arse Accelerated Dynamic Solver Accelerated Solver Hot Rolled Steel Code AISC 14th 360-10 : LRFD Adjust Stiffness? Yes Iterative RISAConnection Code AISC 14th 360-10 : LRFD Cold Formed Steel Code None Wood Code None Wood Temperature < 10OF Concrete Code None Masonry Code None Aluminum Code None- Building Number of Shear Regions 4 Region Spacing Increment in 4 Biaxial Column Method Exact Inte ration Parme Beta Factor PCA .65 Concrete Stress Block Rectangular Use Cracked Sections? Yes Use Cracked Sections Slab? No Bad Framing Warnings? No Unused Force Warnings? Yes Min 1 Bar Diann. Spacing? _ No Concrete Rebar Set REBAR SET ASTMA615 Min % Steel for Column 1 Max % Steel for Column 8 RISA-31D Version 14.0.0 [G:\...\...\...\...\...\Mount Calcs\Aviation Mall Mount Analysis- RISA Model.r3d] Page 1 Company TECTONIC Mar 8,2016 t � Designer Peter Roma 4:23 PM �> y Job Number 7072.122 Checked By: T r c H N o L o c I e s Model Name Aviation Mall GF (Global) Model Settings, Continued Seismic Code None Seismic Base Elevation ft Not Entered Add Base Weight? Yes Ct X .02 Ct Z .02 TXsec) Not Entered T Z sec Not Entered RX 3 RZ 3 Member Primary Data Label I Joint J Joint K Joint Rotate... Section/Shape TVDe Desian List Material Desian... 1 M1 N1 N7 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 2 M2 N8 N14 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 3 M3 N8 N1 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 4 M4 N10 N3 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 5 M5 N11 N4 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 T teal 6 M6 N12 N5 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 7 M7 N14 N7 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 8 M8 N17 N18 3" Sch. 40 Pie Beam HSS Pie A53 Gr. B Typical 9 M12 N9 N34 2"Sch,40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 T icai 10 M13 N34 N30 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 11 M14 N30 N26 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 T icai 12 M15 N26 N24 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 13 M16 N24 N29 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 T icai 14 M17 N29 N32 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 15 M18 N32 N13 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 T icai 16 M19 N2 N33 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 17 M20 N33 N28 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 -Typical 18 M21 N28 N25 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 19 M22 N25 N23 2"Sch,40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 20 M23 N23 N27 2"Sch.40 Pipe Gr.50 Beam HSS PI e A500 Gr. 50 T lcal 21 M24 N27 N31 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 Typical 22 M25 N31 N6 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 T lcal 23 M26 N30 N28 2"Sch.40 Pipe Gr.50 Beam HSS Pie A500 Gr. 50 T ical 24 M27 N29 N27 2"Sch.40 Pipe Gr.50 Beam - HSS Pie A500 Gr. 50 Typical 25 M93 N43 N47 2" Sch. 40 Pie Beam HSS Pie A53 Gr. B Typical 26 M94 N44 N48 2" Sch. 40 Pi e Beam HSS Pie A53 Gr. B Typical 27 M96 N45 N49 2" Sch. 40 Pipe Beam HSS Pie A53 Gr. B TyPical' 28 M97 N46 N50 2"Sch. 40 Pie Beam HSS Pie A53 Gr. B Typical 29 M32 N39 N8 RIGID None None RIGID T icai 30 M33 N35 N1 RIGID None None RIGID Typical 31 M34 N40 N10 RIGID None None RIGID T icai 32 M35 N36 N3 RIGID None''' None RIGID- Typical 33 M36 N41 N12 RIGID None None RIGID Typical - 34 M37 N37 N5 RIGID None None RIGID TVDical 35 M38 N42 N14 RIGID None None RIGID T !cal 36 M39 N38 N7 RIGID None None RIGID Typical 37 M37A IN62A N48A 1 1/2" Sch. 40 Pipe HBra.. HSS PipeA500 Gr. 50 Typical Hot Rolled Steel Section Sets Label Shape Type Design List Material Design...A int] lyy fin4lIzz lin4l J fin4l 1 2"Sch. 40 Pipe HSS2.375x0.154learn eam HSS Pie A53 Gr. B Typical 1 .627 .627 1.25 2 2"Sch. 40 Pipe Gr. 50 HSS2.375x0.154eam HSS Pie A500 Gr. 50 Typical 1 .627 .627 1.25 3 3" Sch. 40 Pi e HSS3.500x0.216 HSS Pie I A53 Gr. B I Typical 2.08 2.84 1 2.84-L 5.69 RISA-3D Version 14.0.0 [G:\...\...\...\...\...\Mount Calcs\Aviation Mall Mount Analysis- RISA Model.r3d] Page 2 Company TECTONIC Mar 8,2016 Designer : Peter Roma 4:23 PM : ;a Job Number 7072.122 Checked By: AA T E c H N o L o c I e s Model Name Aviation Mall GF Hot Rolled Steel Section Sets (Continued) Label Shape TvDe Desicin List Material Design...A int IDI[in4] Izz[in4l J Fin4j 4 1 1 1/2"Sch. 40 Pipe I HSS1.900x0.145 HBrace HSS Pie A500 Gr. 50 T ical .749 .293 293 .586 Basic Load Cases BLC Descri_tion __ Cateaor� X Gravit Y Gravity Z Gravity Joint Point Distributed Area Me...Surface ... 1 DL None -1.05 1 12 2 WL z None 12 29 3 WL x None 12 29 4 DL ice None 12 29 _ 5 WL z ice None 12 29 6 WL x ice None 12 29 Load Combinations Description S...PD-S...B...Fa...8...Fa...B...Fa...B...Fa...B...Fa...B...Fa...B...Fa...B...Fa...B...Fa...B...Fa... 1 1.2DL + 1.6WL z Yes Y 1 11.21 2 1.6 2 1.21DL- 1.6WL z) Yes Y 1 1.2 2 -1.6 __-+ 3 1.21DL + 1.6WL x) Yes Y 1 1.2 3 1.6 4 1.2DL- 1.6WL x) Yes Y 1 1.2 3 -1.6 5 1.2DL+1.1*(WL(z)+WL(x)) Yes Y 1 1.2 2 1.1 3 1.1 6 1.21DL-1.1*(WL(z)+WL(x)) Yes, Y 1 1.2 2 -1.1 3 -1.1 7 .9DL + 1.6WL z) Yesl Y 1 .9 2 1.6 8 .9DL- 1.6WL z) Yes Y 1 .9 2 -1.6 9 .9DL+ 1.6WL x) Yes Y 1 .9 3 1.6 10 .9DL- 1.6WL x) Yes Y 1 .9 3 -1.6 11 0.9DL+ 1.1*(WL(z)+WL(x)) Yes Y 1 .9 2 11.1 3 1.1 12 0.9DL-1.1*(WL(z)+WL(x)) Yes Y F11.2 2 -1.1 3 -1.1 13 1.2DL+ 1.0DL(ice)+1.0 WL(z).. es Y 4 1 5 1 14 1.2DL+1.0DL(ice)-1.0 WL(z).. e Y 4 1 5 -1 15 1.2DL+ 1.ODL(ice)+1.0 WL(x).. e Y 4 1 6 1 16 1.2DL+1.ODL(ice)-1.0 WL(x).. e Y 4 1 6 -1 ce)+0.7*(WL(z... e Y 4 1 5 .7 6 .7 ce)-0.7*(WL(z... e Y 4 1 1 5 -.7 6 -.7 Joint Reactions LC Joint Label X fk1Yak- Z Lk] MX k-ftj MY_k-ft MZ k-ft 1 1 N48A -.009 .005 -.02 0 -T 0 0 2 1 N50A -.008 .555 2.477 0 0 0 3 1 N49A .016 .409 1.556 0 0 0 4 1 Totals: 0 .969 4.013,, 5 1 COG (ft): X: 5.972 Y: 1.405 Z: -.268 6 2 N48A .007 .005 .014 0 0 0 7 2 N50A -.014 .407 _ -1.725 0 0 0 8 2 N49A .007 .557 -2.302 0 0 0 9 2 Totals: 0 .969 -4.013 10 2 COG (ft): X: 5.972 Y: 1.405 Z: -.268 11 3 N48A -.364 .011 -1.092 0 0 0 12 3 N50A 1.75 .496 .87 0 0 0' 13 3 N49A 1.688 .462 .222 0 0 0 14 3 Totals: 3.074 .969 0 15 3 COG (ft): X: 5.972 Y: 1.405 Z: -.268 16 4 N48A .378 0 1.094 0 0 0 17 4 N50A -1.78 .465 -.124 0 0 0 18 4 N49A -1.672 .505 -.97 0 0 0 RISA-31D Version 14.0.0 [G:\...\...\...\...\...\Mount Calcs\Aviation Mall Mount Analysis - RISA Model.r3d] Page 3 Company TECTONIC Mar 8,2016 Designer Peter Roma 4:23 PM x== Job Number : 7072.122 Checked By: T E C H N O L O G I E S Model Name Aviation Mall GF Joint Reactions (Continued) LC _ Joint Label X k Y fkI Z R1 MX k-ft MY jk_ftj MZ k-ft 19 4 Totals: -3.074 .969 0 20 4 COG (ft): X: 5.972 Y: 1.405 Z: -.268 21 5 N48A -.256 .009 -.763 0 0 0 22 5 N50A 1.203 .542 2.161 0 0 0 23 5 N49A 1.167 .418 1.362 0 0 0 24 5 Totals: 2.114 .969 2.759 25 5 COG (ft): X: 5.972 Y: 1.405 Z: -.268 26 6 N48A .264 .001 .763 0 0 0 27 6 N50A -1.229 .419 -1.412 0 0 0 28 6 N49A -1.149 .549 -2.11 0 0 0 29 6 Totals: -2.114 .969 -2.759 30 6 COG (ft): X: 5.972 Y: 1.405 Z: -.268 31 7 N48A -.009 .004 -.02 0 0 0 32 7 N50A -.005 .435 2.382 0 0 0 33 7 N49A .014 .288 1.651 0 0 0 34 7 Totals: 0 .727 4.013 35 7 COG (ft): X: 5.972 Y: 1.405 Z: -.268 36 8 N48A 007 .004 .014 0 0 0 37 8 N50A -.012 .287 -1.817 0 0 0 38 8 N49A .005 .436 -2.21 0 0 0 39 8 Totals: 0 .727 -4.013 40 8 COG (ft): X: 5.972 Y: 1.405 Z: -.268 41 9 N48A -.364 .009 -1.092 0 0 0 42 9 N50A 1.753 .377 .776 0 0 0 43 9 N49A 1.685 .342 .315 0 0 0 44 9 Totals: 3.074 .727 0 45 9 COG (ft): X: 5.972 Y: 1.405 Z: -.268 46 10 N48A .378 0 1.094 0 0 0 47 10 N50A -1.778 .344 -.217 0 0 0 48 10 N49A -1.674 .383 -.877 0 0 0 49 10 Totals: -3.074 .727 0 50 10 COG (ft): X`.`5.972 Y: 1.405 Z: -.268 51 11 N48A -.256 .007 -.763 0 0 0 52 11 N50A 1.206 .423 2.066_ 0 0 0 53 11 N49A 1.165 .297 1.457 0 0 0 54 11 Totals: 2.114 .727 2.759 55 11 COG (ft): X: 5.972 Y: 1.405 Z: -.268 56 12N48A .264 0 .763 0 0 0 57 12 N50A -1.227 .299 -1.504 0 0 0 58 12 N49A -1.151 .427 -2.018 0 0 0 59 12 Totals: -2.114 .727 -2.759 60 12 COG (ft): X: 5.972 Y: 1.405 Z: -.268 61 13 N48A 0 .011 0 0 0 0 62 13 N50A -.009 1.309 1.42 0 0 0 63 13 N49A .009 1.305 -.71 0 0 0 64 13 Totals: 0 2.626 .711 65 13 COG (ft): X: 6.005 Y: 1.386 Z: -.199 66 14 N48A 0 .011 -.001 0 0 0 67 14 N50A -.009 1.284 .686 0 0 0 68 14 N49A .009 1.331 -1.395 0 0 0 69 14 Totals: 0 2.626 -.711 70 14 COG (ft): X: 6.005 Y: 1.386 Z: -.199 71 15 N48A -.051 .013 -.16 0 0 i 0 72 15 N50A .261 1.298 1.126 0 0 0 73 15 N49A .274 1.315 -.966 0 0 0 74 15 Totals: .484 2.626 0 75 15 COG (ft): X: 6.005 Y: 1.386 Z: -.199 RISA-3D Version 14.0.0 [G:\...\...\...\...\...\Mount Calcs\Aviation Mall Mount Analysis- RISA Model.r3d] Page 4 Company TECTONIC Mar 8,2016 L Designer Peter Roma 4:23 PM =a Job Number 7072,122 Checked By: T E c H N o L U 6 I E s Model Name Aviation Mall GF Joint Reactions (Continued) LC Joint Label X[kI Y[kl Z k MX[k-ftl MY k-ft MZ k-ft 76 16 N48A .051 .008 .16 0 0 0 77 16 N50A -.279 1.296 .979 0 0 0 78 16 N49A -.256 1.322 -1.14 0 0 0 79 16 Totals: -.484 2.626 0 80 16 COG (ft): X: 6.005 Y: 1.386 Z:-.199 81 17 N48A -.036 .013 -.112 0 0 0 82 17 N50A .18 1.306 1.361 0 0 0 83 17 N49A .195 1.307 -.752 0 0 0 84 17 Totals: .339 2.626 .497 85 17 COG (ft): X: 6.005 Y: 1.386 Z: -.199 86 18 N48A .036 .009 .111 0 0 0 87 18 N50A -.198 1.287 .745 0 0 0 88 18 N49A -.177 1.329 -1.353 0 0 0 89 18 Totals: -.339 2.626 -.497 90 18 COG (ft): X: 6.005 Y: 1.386 Z: -.199 Envelope AISC 14th(360-10): LRFD Steel Code Checks Member ShaDe Code Check Loc[ LC Shear... Loc ft Dir LC hi*P... hip... hi*Mn ..phi*M...Cb Eon 1 M2 HSS2.375x0.... .645 10 6 .109 2 18 6.831 45 2.6742.674 2••• 1-11-1a 2 M1 HSS2.375xo.... .569 10 12 .109 2 13 6.831 45 2.674 12.67412•• 1-11-1a 3 M22 HSS2.375x0.... .528 .773 1 .220 .773 13 43.232 45 2.674 2.674 1... 1-11-1b 4 M15 HSS2.375xo.... .479 .773 2 .217 .773 18 43.232 45 2.674 2.674 1... H1-1b 5 M26 HSS2.375xo.... .424 2.917 16 .085 2.917 13 39.01 45 2.674 2.674 2... H1-1b 6 M27 HSS2.375x0.... .423 2.917 17 .085 0 16,39-01 45 2.674 2.674 2... H1-1b 7 M18 HSS2.375xo.... .403 .915 4 .124 0 1844.372 45 2.674 2.674 1... H1-1b 8 M25 HSS2.375xo.... .381 .915 3 .126 0 5 44.372 45 2.674 2.674 1... H1-1b 9 M8 HSS3.5o0xo.... .325 4.5 1 .125 5.25 1 53.948 65.52 5.749 5.749 1... H1-1b 10 M20 HSS2.375xo.... .300 1.54 13 .107 1.54 13 3.243 45 2.674 2.674 1... H1-1b 11 M13 HSS2.375xo.... .295 1.54 14 .106 1.54 18 3.243 45 2.674 2.674 1... H1-1b 12 M24 HSS2.375x0.... ,288 0 17 .102. 0 13 3.243 45 2.674 2.674 1...,H1-1b 13 M17 HSS2.375xo.... .283 0 14 .101 0 14 3.243 45 2.674 2.674 1... H1-1b 14 M94 HSS2.375x0.... .278 5.417 7 .037 2.5 2 14.8-45 31.5 1.872 1,872 1 H1-1b 15 M96 HSS2.375xo.... .269 5.417 7 ,037 2.5 2 14.845 31.5 1.872 1.872 1 H1-1b 16 M19 HSS2.375xo.... .266 .915 1 .130 .915 13 4.372 45 2.674' 2.674 1... H1-1b 17 M12 HSS2.375xo.... .243 .915 2 .128 .915 14 4.372 45 2.674 2.674 1... H1-1b 18 M23 HSS2.375x0.... .237 1.447 5 .126 0 13 43.445 45 2.674 2.674 2... H1'-1b 19 M16 HSS2.375x0.... ,219 1.447 6 .124 0 14 43.445 45 2.674 2.674 2... H1-1b 20 M7 HSS2.375xo.... .214 1.246. 3 .073 1 0 4 38.01 45 2.674 2.674 1... H1-1b 21 M21 HSS2.375x0.... ,207 1.447 13 .128 11.447 13 43.445 45 2.674 2.674 2... H1-1b 22 M14 HSS2.375x0.... ,203 1.447 14 .1 25 1.447 14 43.445 45 2.674 2.6742... H1-1b 23 M97 HSS2.375x0.... .171 5.417 3 .029 15.417 4 14.845 31.5 1.872 1.872 1... H1-1b 24 M3 HSS2.375xo.... .158 2.917 13 .039 2.917 13 39.01 45 2.674 2.674 2... H1=1b 25 M93 HSS2.375xo.... .114 5417 4 .028 2.5 4 14.845 31.5 1.872 1.872 1... H1-1b 26 M4 HSS2.375x0.... ,073 0: 18 .031 2.917 13 39.01 45 2.674 2.6742... H1-1b 27 M6 HSS2.375xo.... .070 0 15 .031 2.917 17 39.01 45 2.674 2.674 2... H1-1b 28 M5 HSS2.375xo.... .032 0 3 .011 0 3 39.01 45 2.674 2.674 1... 1-11-1b 29 M37A HSS1.900xO. .029 1.5 4 .002 3 3 26.45603.70 1.579 1.579 1... H1-1b RISA-31D Version 14.0.0 [G:\...\...\...\...\...\Mount Calcs\Aviation Mall Mount Analysis- RISA Model.r3d] Page 5 ErgrogolmJOB AVtCAkt'Vr --z Mountainville,NY SHEET N0, OF New York,NY Albany,NY CALCULATED BY F-- DATE Hartford,CT Richmond,VA CHECKED BY DATE (800)829.6531 tt 1l SCALE t 1` fain t l_tww �1 mil �..��►.�:�tiv'<� � vS� L uNC� � 0-52. 3 l� � odFr �p ��.V�Stafl Z •111�3rc ! 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CO § Cl) worg = o \ \ \ \ J 20f / 2 't R # C C << << < z = a ow \ M � � $ D / o = « _ 44444 � / < <<<< \ ( � ( \ co N f ; > \ 5 0U) LO z % o � \ s \ § / \ Mn n � ^ a / / / / 4 0 O y u G 2) \ / { & C)c \ / ƒ / Jw « � ƒ $ e - e R U) \ ( \ \ ) / E \ /- yE2 m 00 = LU u E o m t / y- > C) C) 0 \ \z > Q R / R \ : c c yS 76 > Fte tF- \ } } / _ £ 9 o � c g \ / / § C) 10 LO S 22 U) CD ~ ® « = 06 \/ kms 2 / LO ] E � + 6 ƒ Su2 % \ > = 2 - D mu = � / k �a0 �g a \ 7 \ § fa 7 z < u § , a G k / � c j \ ° t 2 f m 6 f b ® t #. zo7LL jE \ $ \ / % \ m 3E : § § kD i } # \ / m < Of ± 3 e z SL � \ ) _ - ; [ 0 2 % E � \ f GE 2 ) \ U {LL \ } { 22 0 \ = o ° ° @ 5 / ca. \ j m < TECTONIC Engineering 7072.122 Aviation Mall By: Peter Roma March 9,2016 ANCHOR BOLT GROUP ANALYSIS Anchor Bolt Circle Dia: 720.00 in Applied Moment: 8633.0 k-ft Quantity of Anchor Bolts: 48 Applied Shear: 144.0 k Applied Vertical Load: 442.0 k Anchor Bolt Diameter: 2.50 in Minimum Root Area: 3.72 in^2 Allowable Stress Increase: 1.33 Per ANSI/AWWA D100-05 Maximum Tension per Bolt 2.8 kips Max Tension =4(M/Nd)-(W/N) Allowable Tension per Bolt Allowable Tension = 1.33 * 15000 psi 34.8 kis Minimum Root Area Percentage Stress(%) 8 Aviation Mall Anchor Bolt Check AWWA.xls MILLENNIUM ENGINEERING, P.C. 132 Jaffrey Road Malvern,Pennsylvania 19355 Cell: 610-220-3820 Fax: 610-644-4355 www.uiillenniuinengineering.net Email: pauldugan@comcast.net May 2, 2016 Attn: Thomas Hoey, RF Design Engineer Verizon Wireless 225 Jordan Road Troy,NY 12180 Re: RF Safety FCC Compliance of Proposed Communications Facility Site Name: Aviation Mall GF, Collocation on Existing 122.6' Standpipe Watertank(146.3' Overall Height) Off Aviation Mall Road, Queensbury,NY 12804(Town of Queensbury,Warren County) Dear Mr. Hoey, I have performed an analysis to provide an independent determination and certification that the proposed Verizon Wireless communications facility at the above referenced property will comply with Federal Communications Commission(FCC) exposure limits and guidelines for human exposure to radiofrequency electromagnetic fields(Code of Federal Regulation 47 CFR 1.1307 and 1.1310). As a registered professional engineer I am under the jurisdiction of the State Registration Boards in which I am licensed to hold paramount the safety, health, and welfare of the public and to issue all public statements in an objective and truthful manner. The proposed Verizon Wireless communications facility consists of collocation on an existing 122.6' standpipe watertank(146.3' overall height—top of existing whip antenna) at the above referenced property. The proposed Verizon Wireless antenna configuration from the information furnished to me consists of(1) 700 MHz(LTE) antenna(A: CSS X7C-FRO-860-VRO, B/G: CSS X7C-865-VRO or equivalent), (1) 850 MHz(LTE) antenna(A: CSS X7C-FRO-860-VRO, B/G: CSS X7C-865-VRO or equivalent), (1) 1900 MHz(LTE) antenna(Andrew SBNHH-1D65C or equivalent)and(1)2100 MHz(LTE)antenna(Andrew SBNHH-1D65C or equivalent) on each of three faces (total of 12 antennas)spaced with azimuths of 0/120/250 degrees on the horizontal plane with a centerline of 108' above ground level. Transmitting from these antennas will be(1) 700 MHz LTE wideband channel, (1) 850 MHz LTE wideband channel, up to(2) 1900 MHz LTE wideband channels and up to (2) 2100 MHz LTE wideband channels per face. The proposed Verizon Wireless antennas will be pipe-mounted on the sides of the watertank with a centerline of 4.1' below the outer rim of the sloped watertank top. The following assumptions are made for reasonable upper limit radiofrequency operating parameters for the proposed facility due to Verizon Wireless antennas alone to accommodate all licensed frequency bands: • (1)700 MHz(LTE)transmit antenna per face at 0-10 degrees mechanical downtilt • (1) 850 MHz(LTE)transmit antenna per face at 0-10 degrees mechanical downtilt • (1) 1900 MHz(LTE)transmit antenna per face at 0-10 degrees mechanical downtilt • (1)2100 MHz(LTE)transmit antenna per face at 0-10 degrees mechanical downtilt • (1)700 MHz LTE wideband channel/face at 2x60W max power before cable loss/antenna gain • (1) 850 MHz LTE wideband channel/face at 2x60W max power before cable loss/antenna gain • (2) 1900 MHz LTE wideband channels/face at 2x60W max power before cable loss/antenna gain • (2)2100 MHz LTE wideband channels/face at 2x60W max power before cable loss/antenna gain • The facility would be at or near full capacity during busy hour 1 0f8 Using the far-field power density equations from FCC Bulletin OET 65,the power density at any given distance from the antennas is equal to 0.360(ERP)/R2 where R is the distance to the point at which the exposure is being calculated. The given equation is a conversion of the OET 65 power density equation for calculating power density given the distance in feet and the result in metric units(mW/cm2). This calculated power density assumes the location is in the main beam of the vertical pattern of the antenna. After making an adjustment for the reduction in power density due to the vertical pattern of the transmit antenna,the calculated ground level power density is below 1 µW/cm2 at any distance from the antenna system of Verizon Wireless. The"Upper C Block"700 MHz transmit frequencies (746-757 MHz), which Verizon Wireless is licensed by the FCC to operate, have an uncontrolled/general population maximum permissible exposure(MPE) FCC limit of 497 µW/cm2. The"B Band" 850 MHz(cellular)transmit frequencies(880-894MHz), which Verizon Wireless is also licensed by the FCC to operate, have an uncontrolled/general population MPE FCC limit of 587 µW/cm2. The 1900 MHz(PCS)transmit frequencies(1930-1995 MHz), have an uncontrolled/general population MPE FCC limit of 1000 µW/cm2 or I mW/cm2. The`B Block", "F Block"and"J Block"2100 MHz(AWS)transmit frequencies(2120-2130, 2145-2155,2170-2180 MHz),which Verizon Wireless is also licensed by the FCC to operate, have an uncontrolled/general population MPE FCC limit of 1000 µW/cm2 or 1 mW/cm2. Therefore,the exposure at ground level at any distance from the structure would be substantially below 1 %of the FCC exposure limits due to Verizon Wireless antennas alone. The extremely low ground exposure levels are due to the elevated positions of the antennas on the structure and the low power which these systems operate. From the information furnished to me, the existing structure currently contains one Queensbury Central Fire Department whip antenna,as follows: • Queensbury Central Fire Department: (1) 150 MHz whip antenna; licensed to transmit a fi•equency of 154.205 MHz at a maximum effective radiated power(EPR) of 204 watts I have reviewed the antenna configuration and operating parameters of all licensees (existing and proposed), performed a similar upper limit evaluation and find the composite ground level exposure will be well below 1 % of the FCC exposure limits anywhere in close proximity to the structure. Again,the extremely low ground exposure levels are due to the elevated positions of the antennas on the structure and the low power which these systems operate. Since accessibility directly in front of the transmit antennas of Verizon Wireless is not possible or limited due to the mounting locations(pipe-mounted on the sides of the watertank with a centerline of 4.P below the outer rim of the sloped watertank top),the actual exposure for occupational workers and pedestrians on the street is hundreds of times below the levels directly in front of the transmit antennas,due to the highly directional characteristic of the wireless antennas. Furthermore, Verizon Wireless will not operate close to the upper limit parameters used in my evaluation. As one moves away from a transmit antenna, exposure is reduced substantially due to path loss of the radiofrequency signal, reduction due to moving away from the main beam, and the shielding effects of building materials. With the proposed new antenna configuration in service,the actual exposure levels for the general public and pedestrians on the street will be below 1 % of the FCC exposure limits under any circumstances with the facilities in place. Since the collocation is on a watertank,watertank personnel or rooftop occupational workers can be in closer proximity to the wireless antennas. The watertank is not normally occupied by the general public. Since the antennas are directional, the radiofrequency signal is projected away from the watertank and the power density above, below,or behind the antennas is reduced by a factor of 1000 or more. At locations away from the antenna and away from the main beam,the power density falls off extremely sharply. I have performed a near-field analysis to determine the exposure levels directly in front of the proposed Verizon Wireless antennas for the safety of occupational workers. I have performed upper limit calculations to determine the maximum possible exposure for occupational workers at a distance of 3 feet directly in front of 2of8 the antennas. The calculated exposure is below the FCC occupational exposure limits at 3 feet directly in front of the antennas. From the standpoint of RF exposure, the presence of Verizon Wireless would not preclude the future addition of other tenants or licensees including emergency or other municipal services which benefit the public from collocation on this structure. There is a substantial margin of safety to allow for the addition of transmit antennas of other communications services. Keep in mind that continuous exposure at 100 %of standard is considered by the scientific community as just as safe as I %of standard since the exposure limits themselves contain a large margin of safety. The International Commission on Non-Ionizing Radiation Protection(ICNIRP),which is an association under the International Radiation Protection Association(IRPA), established exposure limits or guidelines in 1998 similar to the FCC limits. The ICNIRP is a formally recognized non-government organization in non-ionizing radiation for the World Health Organization and the International Labour Office. While the ICNIRP has no jurisdiction over FCC licensees,the composite exposure of the existing and proposed communications facilities together will be substantially below I %of the ICNIRP exposure limits in all publicly accessible areas. In summary, the existing communications facility complies with all applicable exposure limits and guidelines adopted by the FCC governing human exposure to radiofrequency electromagnetic fields (FCC Bulletin OET 65). The facility will remain in compliance with the proposed antenna and operating parameter changes due to the addition of Verizon Wireless. Federal law(FCC Rule Title 47 CFR 1.1307 and 1.1310) sets the national standard for compliance with electromagnetic field safety. The FCC exposure limits are based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies,the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc., (IEEE)and adopted by the American National Standards Institute(ANSI). Thus, there is full compliance with the standards of the IRPA, FCC,IEEE,ANSI, and NCRP. General Information on Electromagnetic Field Safety Verizon Wireless facilities transmit and receive low power electromagnetic fields(EMF)between base station antennas and handheld portable cell phones. The radiofrequency energy from these facilities and devices is non- ionizing electromagnetic energy. Non-ionizing, unlike X-Rays or other forms of potentially harmful energy in the microwave region, is not cumulative over time nor can the energy change the chemical makeup of atoms (e.g. strip electrons from ions). "Non-ionizing"simply means that the energy is not strong enough to break ionic bonds. Safe levels of electromagnetic fields were determined by numerous worldwide organizations, such the International Committee for Non-Ionizing Radiation Protection, a worldwide multi-disciplinary team of researchers and scientists studying the effects of non-ionizing radiofrequency energy such as that emitted by base stations or cell phones. The FCC did not arbitrarily establish their own standards, but adopted the recommendations of all leading organizations that set standards and research the subject such as the Institute of Electrical and Electronics Engineers(IEEE),American National Standards Institute (ANSI), and National Council on Radiation Protection and Measurements (NCRP). When Verizon Wireless is located on an antenna structure such as a self-supporting lattice type tower, lattice tower, guyed tower, watertank, etc. the antennas are typically 10 meters or more above ground level (10 meters =32.81 feet). With the relatively low power and elevated positions of the antennas on the structure with respect to ground level, the maximum ground level exposure can rarely approach I %of the applicable FCC exposure limit regardless of how many sets of antennas are collocated on the structure. For this reason, the FCC considers the facilities "categorically excluded" from routine evaluation at antenna heights above 10 meters(or above 32.81 feet). Categorical exclusion exempts a site from routine on-site evaluation. However,the facility is not excluded from compliance with the federal exposure limits and guidelines. The types of facilities used by 3 of 8 Verizon Wireless typically elevated on antenna structures(away from access to close proximity, i.e. greater than 10 meters or 32.81 feet) simply cannot generate ground level exposure levels that approach the limits under any circumstances. From a regulatory perspective,the FCC has sole jurisdiction over the regulation of electromagnetic fields from all facilities and devices. The FCC has established guidelines and limits over emissions and exposure to protect the general public. The FCC also has certain criteria that trigger when an environmental evaluation must be performed. The criteria are based on distance from the antennas (accessibility) and transmit power levels. CONCLUSIONS: 1) The existing communications facility complies with electromagnetic field safety standards by a substantial margin(well below 1 %) in all publicly accessible areas. This includes the base of the existing watertank and any areas in proximity to the existing watertank. 2)Verizon Wireless takes appropriate measures to ensure that all telecommunications facilities(including this proposed facility) comply with applicable exposure limits and guidelines adopted by the FCC governing human exposure to radiofrequency electromagnetic fields(FCC Bulletin OET 65). With the proposed antenna and operating parameter changes due to the addition of Verizon Wireless,the composite electromagnetic field exposure from the existing and proposed communications facilities together will remain well below 1 % of the applicable standards in all publicly accessible areas. 3)In cases where such compliance exists, the subject of electromagnetic field safety is preempted. The Telecommunications Act of 1996 states that: "No state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [FCC's] regulations concerning such emissions." Telecommunications Act of 1996, § 332[c][7][B][iv]. Respectfully, d Paul Dugan,P.E. Registered Professional Engineer `. f wc, New York License Number 79144 ra 4of8 FIGURE 1: Diagram of Electromagnetic Field Strength as a Function of Distance and Antenna Orientation Directional Panel Antenna Main direction of signal ----------------------► propagation is directed on the horizon at Angle below horizon, 0 antenna height Wireless Communications —► Antenna R Structure X Ground Level The above diagram illustrates the conceptual relationship of distance and orientation to directional panel antennas used in wireless communications. At the base of the structure (x = 0), the distance R is a minimum when the angle of the direction of propagation 0 is a maximum. As one moves away from the antenna structure, the horizontal distance X increases as well as the distance R to the antennas while the angle below the horizon decreases. For this reason, electromagnetic fields from these facilities remain fairly uniform up to a few hundred feet and continue to taper off with distance. As noted in the report, the electromagnetic fields from these types of facilities are hundreds of times below safety standards at any distance from the antenna structure, making them essentially indistinguishable relative to other sources of electromagnetic fields in the environment due to the elevated heights of the antennas and the relatively low power at which these systems operate. 5 of 8 FIGURE 2: Graph of MPE Contribution vs. Distance % General Population MPE vs. Distance VZW MPE Contribution , ---,FCC Limit 120a. — — - — — — W 100 m L C p i C. 80 X CLW O N a- Q 60 (D U 'u 40 E E X 20 0 o �o 00 ��o moo 00 �o �o Oo 00 00 �o �o �o 00 00 �o 00 �o 00 00 �o �o �o 00 00 ti ti ti 3 3 0� h h o 0 0 1 ' o g o o Distance (ft) The above graph represents the contribution of Verizon Wireless to the composite electromagnetic field exposure level at any distance from the base of the structure. The contribution of Verizon Wireless will remain well under 1% of the FCC general population maximum permissible exposure (MPE) at any distance as shown. 6of8 DECLARATION OF ENGINEER Paul Dugan, P.E., declares and states that he is a graduate tel ecormnLill ications consulting engineer(BSE/ME Widener University 1984/1988), whose qualifications are a matter of record with the Federal Communications Commission (FCC). His firm, Millennium Engineering, P.C., has been retained by Verizon Wireless to perform power density measurements or calculations for an existing or proposed communications facility and analyze the data for compliance with FCC exposure limits and guidelines for human exposure to radiofrequency electromagnetic fields. Mr. Dugan also states that the calculations or measurements made in the evaluation were made by himself or his technical associates under his direct supervision, and the summary letter certification of FCC compliance associated with the foregoing document was made or prepared by him personally. Mr. Dugan is a registered professional engineer in the Jurisdictions of Pennsylvania,New Jersey, Delaware, Maryland, Virginia,New York, Connecticut, District of Columbia, West Virginia and Puerto Rico with 30 years of engineering experience. Mr. Dugan is also an active member of the Association of Federal Communications Consulting Engineers, the National Council of Examiners for Engineering, the National Society of Professionals Engineers, the Pennsylvania Society of Professional Engineers, and the Radio Club of America. Mr. Dugan further states that all facts and statements contained herein are true and accurate to the best of his own knowledge, except where stated to be in information or belief, and, as to those facts, lie believes them to be true. He believes under penalty of perjury the foregoing is true and correct. Paul Dugan, P.E. Executed this the 2"`r day of May, 2016. 7of8 PAUL DUGAN,P.E. 132 Jaffrey Road Malvern,Pennsylvania 19355 Cell: 610-220-3820 Fax: 610-644-4355 Email: pauldugan@conicast.net comcast.net Web Page: www.millenniumengineering.net EDUCATION: Widener University,Chester,Pennsylvania Master of Business Administration,July 1991 Master of Science,Electrical Engineering,December 1988 Bachelor of Science,Electrical Engineering,May 1984 PROFESSIONAL Registered Professional Engineer in the following jurisdictions: ASSOCIATIONS: Pennsylvania, License Number PE-045711-E New Jersey,License Number GE41731 Maryland,License Number 24211 Delaware,License Number 11797 Virginia,License Number 36239 Connecticut, License Number 22566 New York,License Number 079144 District of Columbia,License Number PE-900355 West Virginia,License Number 20258 Puerto Rico, License Number 18946 Full member of The Association of Federal Communications Consulting Engineers (www.afcce.org)January 1999 to Present Elected to serve on the Board of Directors for 2006-2007 Full member of The National Society of Professional Engineers(lwww.nspe.org)and the Pennsylvania Society of Professional Engineers(www.pspe.org)June 2003 to Present Currently serving on the Board of Directors of the Valley Forge Chapter and as South East Region Vice- Chair for the"Professional Engineers in Private Practice"Executive Committee Actively participate in Chester County ARES/RACES(CCAR wvvw.4w3eoc.or,-,)which prepares and provides emergency backup communications for Chester County Department of Emergency Services, March 2005 to Present Full member of The National Council of Examiners for Engineering (.Nwww.ncees.org)May 2001 to Present Full Member of The Radio Club of America (www.radio-club-of-america.org)December 2003 to present PROFESSIONAL Millennium Engineering,_P.C.,Malvern,Pennsylvania EXPERIENCE: Position: President,August 1999 to Present(www.iniIlenniumengineering.net) Verizon Wireless, Plymouth Meeting,Pennsylvania Position: Cellular RF System Design/Performance Engineer,April 1990 to August 1999 Communications Test Design, Inc.,West Chester,Pennsylvania Position: Electrical Engineer,May 1984 to April 1990 8of8 J Network Engineering - UPNY verizon 1275 John Street, Suite 100 West Henrietta, New York 14506 April 12, 2016 Laura Moore Land Use Planner Town of Queensbury 742 Bay Road Queensbury, New York 12804 RE: Application of Cellco Partnership d/b/a Verizon Wireless for Site Plan Approval for Lands n/f of City of Glens Falls — Aviation Mall Rd. (SBL 302.9-1-43) Dear Ms. Moore: With respect to the above application, Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless") operates a Personal Communication Service (PCS), Wireless Communications Services (WU/AW) and/or Cellular network authorized by the Federal Communications Commission (FCC) to provide state of the art digital and/or cellular wireless communications in many parts of the nation, including upstate New York. Verizon Wireless' operations and network are licensed and regulated by the FCC. Verizon Wireless' radio equipment is designed to transmit frequencies only within the allocated frequency bands and each transmitter is carefully adjusted to comply with FCC regulations for power output and frequency. These procedures prevent interference with other radio services, public safety communications, airport navigation, cordless phones, computers and other community office or residential household appliances. The incidence of these transmissions causing interference with other radio service is rare. All other radio communication services, including broadcast radio and television, are assigned to specific frequency bands, separate and distinct from cellular and other frequencies. For instance AM Radio operates between 0.5 -1.5 MHz and VHF Television operates between 54 - 215 MHz. In addition, receivers for other services are similarly designed to prevent interference from out of band service. In the unlikely event that malfunctioning equipment or improper settings are shown to cause interference with an existing service, Verizon Wireless would be required, under the conditions of its FCC license, to take immediate steps to correct any problems. Writer's Direct Numbers: Tel: 518-285-8045 Laura Moore Land Use Planner April 12, 2016 Page 2 Thank you for considering this application. Very truly yours, . RJ, Richard Andras Radio Frequency (RF) Design Engineer z 617.20 Appendix B State Environmental Quality Review VISUAL EAF ADDENDUM This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-/4 V4-'h yz-3 3-5 5+ A parcel of land which is dedicated to and available ❑✓ � El El Elto the public for the use, enjoyment and appreciation of natural or man-made scenic qualities?Cole's Woods An overlook or parcel of land dedicated to public ❑✓ ❑ ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? Cole's Woods A site or structure listed on the National or State ❑ ❑ 1-1 F] Registers of Historic Places? ! State Parks? ❑ ❑ ❑ ❑ ❑ The State Forest Preserve? ❑ ❑ 1:1 R R I National Wildlife Refuges and State Game Refuges? ❑ ❑ EJ R ❑ ! National Natural Landmarks and other outstanding El R El El natural features? ! National Park Service lands? ❑ ❑ ❑ ❑ El ! Rivers designated as National or State Wild, Scenic El El El R or Recreational? I Any transportation corridor of high exposure, such ❑✓ El ❑ ❑ ❑ as part of the Interstate System, or Amtrak?Interstate 87 ! A governmentally established or designated interstate 1:1 ❑ El El ❑ or inter-county foot trail, or one formally proposed for establishment or designation? A site, area, lake, reservoir or highway designated as ® ❑ ❑ ❑ ❑ scenic? Cole's Woods Municipal park, or designated open space? Cole's Woods a ❑ ❑ ❑ ❑ County road? 1:1 El ❑ ❑ ❑ ! State road? Interstate 87 ✓0 ❑ ❑ ❑ ❑ ! Local road? Aviation Mall Road and Abby Lane ❑✓ ❑ El ❑ Z Is the visibility of the project seasonal?(i.e., screened by summer foliage, but visible during other seasons) RYes ❑No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? F71Yes ❑No DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *!14 mile *1 mile Essentially undeveloped 1:1 El Forested F,/] n Agricultural 1:1 El Suburban Residential z El Industrial F1 El Commerical z El Urban 1-1 F� River, Lake, Pond El 0 Cliffs, Overlooks El El Designated Open Space 0 El Flat z F-1 Hilly 11 FV1 Mountainous El EJ Other F1 ❑ NOTE:add attachments as needed 5. Are there visually similar projects within: *Y2 mile E]Yes ONo I mile F] Yes No 2 miles 91 Yes El No 3 miles Z Yes El No *Distance from project site is provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is 15.5 Million ? NOTE: When user data is unavailable or unknown, use best estimate. Per NYS DOT Data Traffic Viewer(interstate 87) CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is: FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work 0 O 0 0 Involved in recreational activities (D 0 0 0 Routine travel by residents @ 0 0 0 At a residence 0 0 0 0 At worksite 0 0 0 0 Other 0 0 0 0 Reset Y' Ir or y , �AvcIL • `• ! nvu • 'lMndan• `• � ter ' � ' _. •� pfd ` c� .. •�" • 1 , uoen r N 0 FJ, y%C] • co urIt1W •: ,,.�Ok N • o..-.QIfCh•ln m 'p'�lnl�•u • IC An • C)�conway,� s*'` 1 1 + Mu jam;• , ��� � ..� \ � �'�oO,AtCa�y its' a f ,iso � • 13U ke•Q.r , rJill � 1 • 4101" lo, A O fA _ `- " �• 46 • r.Ur U _ 1 r C v ro fV f` I O }S r -FI := LO CU c V 0 O � � U O L o E O o � o a� CD` O C CD ca 3 � e _ � { e O O Q w. O O -j a` U y o Lb` 4. 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LO 1 .✓ LO f T� V f Q) CL CL Q> 0 y C � p o �C v () O Q C � 2 O p � N p ,C N -a CD y = N Y Q. t.P p I -i IL N 0 0 N N N N r-- C.O ti A �� tl O N i 0 0 0 m o U o 0 � � O �. r O o _ s o N ++ > C CD Q � o O 3 c c � a� o •� � m c N Y o o Q• o ° -1 a U N A C O G O yy {(nj1 N N N I- C)cn O ti N 0 0 CIL0 Q. a� s c 0 O � 0 ca m m UO0 0 N c m E o o r C � O 'j CL E Q ,� o E 'N c c � O C N Y O O Q O •° j�i, J d 1 U N O 4 J � N'etwork EngneelrTng UPNY v nzon G 1275 John Street, Suite014®r West 'a, N,qw York 145`86 April 13, 2016 Mr. Craig Brown Zoning Administrator Town of Queensbury 742 Bay Road Queensbury, NY 12804 RE: Cellco Partnership d/b/a Verizon Wireless - Application for Site Plan Approval - Aviation Mall Road Mr. Brown: With respect to the above application, I submit this letter to satisfy certain requirements of the Zoning Ordinance of the Town of Queensbury: Removal Upon Abandonment (Zoning Ordinance 4 179-5-130(M)) Verizon Wireless agrees that if use of the facility or any antenna affixed to the water tank Is discontinued from use that Verizon Wireless will notify the Town Zoning Administrator within 30 days of such discontinuance. Verizon Wireless understands that any obsolete or unused antennas and accessory structures-must be removed within four months of such notification to the Town. Verizon Wireless writes this letter to demonstrate its ,intent to comply with this section of the law and asks that this letter be shared with the Town Planning Board. If required as a condition of approval, Verizon Wireless will, prior to construction, submit a removal bond in the amount of $25,000 to the Town of Queensbury to provide sufficient funds for any removal of the collocated antennas in the future.. (§ 179-5-130(P)), Thank you for considering our application. Sincerely, �� . Jac f e Bartolotta Real Estate Project Manager, Consultant Writer's Direct Numbers: Tel: (585) 270-8373 CELLCO PARTNERSHIP, verizon,/ d/b/a � j verizom/ Fm SITE NAME: AVIATION MALL GF PROJECT NUMBER: 20130926391 LOCATION CODE= 271928 0 D x 1 T. ., . :7-1 j �...gJ T .� o3rosnn � � � 4 { p>Ex�tv �wni[s n zst nux�nus urleens o3/as/rs } 1 T, s xY,zoo, AVIATION MALI GFS i �o PN:20130926391 x Eii�ARUYxiiSas� : ,•, t TROT xexox: e E o�o,oeo a LC:271928 �% „� `�✓r TAT v,wE. csao)z>o-�T,� -- AVIA � eomre vox vle.v�ael�n TION o�MALI RD 't PROJECT SUMMARY oo9 Safety. TOWN OF QUEENSBURY Flew York VICINITY MAP WARREN COUNTY PROJECT DESCRIPTION _ NY 12804 DIRECTIONS ec,mxs To sx: uuxc qz)ennEi"nxrzx exo sr,,.anrzs cawuexT DIG SAFELY w-�NEW YORK T111-E SHEET uu xcew cxarwuYm ai uxrow�""sn�a mm am wsTui, (D ren z cues nrmxb)cnTx mese 00 NOT SCALE DRAWINGS rmxucs�z,sx oFZO ro ins rae xT x�.w�u eTMe x ia. 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THE PROPERTY LINES HEREON ARE APPROXIMATE BASED ON GIS DATA AND ARE FOR ORIENTATION PURPOSES ON-THEY 00 ADJOINERS PLAN NOT REPRESENT A PROPERTY/BWNDARY DECISION BY A LAND SUR4EYOR. @ADJOINERS PLAN U ,® F';zS AD-1 N — r ve izom/ ' S' j•�'/ qn � it � '` / f I �� k ' � E SiiNG 51RUONRE{>w) U S PROPOSED 30'NIDE ilTIUTV EABAIENi {ALONG ANATION MALL POFD) P 1 Imll t tJN RHES f EXISl1NG IREELINE _ \ F PROPOSED YERRON NIRELESS 22'x40' � i o�^^t^'^�effaFwi x� 9"y X + LEASE AAEA(sEE SHEET o-u) ( AVIATION MALL GF 1 ExlsnNc wATEx inrvx(rxP) ��9 r �� PN:20130926391 EXISTING FENCED if �� caNPauNo LC.271928 snEET c-sA) C AVIATION MALL RD (�J TOWN OF QUEENSBURY WARREN COUNTY NY 12804 OVERALL SITE PLAN �}1OVERALL SITE PLAN PROPOL 4FAREA W9RElfGS 12'x/0'tFASE AREA k fENCW rr r JJ ,} ! !%ri,HPOUND EXPANSION ,f PROPoSW OW UNIT % J !! t rt' bNUNG(TO OF 3) D JY 'rm x'p�"ex ierc�iivi°„ RAILING(TYP OF 3) t! PPIX'O.SW TREFIINE PflCPOSW 1£ftIZON J J PROPOSED 4EPoZON Mm. 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COVERALL SITE PLAN a C-2A DIG SAFELY J-~NEW YORK N f2'–D' pftOPO5E0 VIAIZON piREL65 - � q_O" ANF1 MliENNA ��� > (Tve3 (OUANTTY ipD) EXISHNG PLATFORM EXISTING WATER TAOK CTYP) EXISTING ACCESS LADDER ANTµENNAS AND RE1 EQUIPMENT EXISTING ROOF HATCH Ew5 NGEWAI£R�TANK.MATCH � EXISTING WHIP ANTENNA(TYP) F" PROPOSED VIN.. WIRELESS ACCESS LADDER RNG CABLED GANG YATNIN TYP) 0 PRQBE.VEPoZEN W1flEL£53 COVERED CABLE TRAY(tYP) PANEL ANTENNAS RELATED EQUIPMENT (TYP) PRGPOBED l£PoZON WREIESS MICROWAVE ANTENNA EXISTING HATCH PROFUSED VERIZOH-ELOBB EXISTING PIPE NOR12gITAL CABLE ROUTNG ( ) YATHIN PRGP—CO—. CABLE TRAY(TYP) ERICnNG VENT � ITER PR�OSED MICROWAVE ANTENNA WATANK PROPOSED AWS RRH UNIT MOUNTED BEH TU ANTENNA Ta g I rygECTOR-a ni.) PROPOSED 7DG RRN UNIT O x MGUNTED ON PRIX+QSED FRAME a PRGPQSEO BERING (1JSECTINt-3 TOTAL) .' WNELE.ARGUE CABLE x"cyM"T'i o E I flCOVfnANm—CE'RevatDED rn) PROPOSED OW MOUNTED casri'+W�D (1/SEU,UBUYUN AL) /' ( PRDPpSED 12'ARCH '$ I GNMMN AN—AFRNAE ASSEMBLY G I (I BE—N-I TOTAL) y ACCESCG _ �'TQ +NH - LANDER __ m a+axu arw r ae w`�m "" o I oaici u AVIATION MALL GF $ I PN:20130926391 LC:271928 NOTES: AVIATION MALL RD T DAX CARLE AT BOTH ENDS WITH ANTENNA TOWN OF QUEENSBURY PPIX�OREO YERIZON NEAGNARW AS DIRECTED BY VERIZON MRELESS E-PMENT ENGINEER. WARREN COUNTY WIflE.E.URIHOUSE 2. THE R TENNA CONFIGURATION AND GRENIOF PRIOR TO CONSTRUEBON FOR NY 12804 TARW SHOWN ARE APPROXIMATE HE . CTOR soot GROUDINATE ITH TRAL ANTENNA DESIGN INTERIM YNN,ANY CONFLICTS REGARDING AZIMUTHS AND ROOM ORIENTATION ENALL BE BROUGHT TO THE ENGINEER'S ATTENTION RIGN TO CONSTRUCRON. 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Lx`\ PROPOSE°I.EI PROPOSE ..NFEN ACCDRDAN E AFN '-•"•`-+x' ''R.DT^ TFx16'0" PROPOSER D CONTN kRM PROPOSED PIPE RAILING EpJ�PMENT TPLAIFCYiM MANUFACTURERS INEIRUCIIONE YARELESS 200A EOUIPMENi PLATFORM FLIP—UP STAIRS WIECRATEO LOAD CENTER v»REtE35 TELCO BOx BOO PROPOSED ANTENNA CABLES IN PROVIDE MIN B^EB UP CABOVE D E&END PVC CONDUIT ETm} vATH OxOUIT TNPCUN F ENEIRATEORA EAND S TING (;1FRONT ELEVATION @REAR ELEVATION PER PLATFDRM MFR UFUTCN DRAWTNCE w` GANopv EADDLY i��OnsMo-v`` �H�kB EDR YERZON ROP6D E2ON .—N UNIT CABINETED VER NERAOOPROPOS WWE �EIZON ftO PUDENNED N PE NARiNCW C NERATO2 PreOPOo EflONm AVIATION MALL GF WIRELESS lE1.CO BOX t = .,x.. PN:20130928391 PROP OGED ERRUNN PROPOSED VER ZON D STEEL "IlEll 211A WIRELESS TELCO 60 LC:271928 INTEGRA..LOAD CExTEfl �[-----� P USED ITs^x,s• A �� PIPE RA LNc AVIATION MALL RD CWpMENT PLATFORM° ,�„„. x, TOWN OF QUEENSBURY 3�} PIT OPOSED<: ROPTSED FLIP—UP STAIRS - `T'aA WARREN C�DNTY .. FLP UP STAIRS .., w« ._ ._: ..... PROPOSER n•TEL -a' NY 12804 EQUIPMENT PLAAN.TFORM PLATFORM&EOUIPMEN ELEVATIONS ASIDE ELEVATION /SIDE ELEVATION C-4