BFLO-#2890681-v1-LOI_Complete_submission_Site_Plan_Review_Queensbury Phillips Lytle LLP
Via Federal Express & E-mail
Paul Schonewolf September 15, 2015
Planning Secretary
Town of Queensbury Planning Board
Town Hall
742 Bay Road.
Queensbury, New York 12804
Chris Hunsinger
Planning Board Chair
Town of Queensbury Planning Board
Town Hall
742 Bay Road
Queensbury, New York 12804
Re: Application ("Application") by New Cingular Wireless PCS, LLC ("AT&T" or
"Applicant") for Site Plan Review from the Town of Queensbury Planning Board
("'Planning Board") in connection with the Proposed Installation and Operation
of a 130-foot Wireless Telecommunications Facility and Related Equipment
("Proposed Facilities") at 1359 Ridge Road, Town of Queensbury ("Town"), New
York (the "Property" or "Site")
Dear Mr. Schonewolf, Mr. Hunsinger and Members of the Planning Board:
We represent AT&T with respect to the above-referenced matter. AT&T desires to
install and operate the Proposed Facilities on the Property ("Project") to enhance its
wireless communications network in and surrounding the Town. To that end, Chapter
179-5-130(F) of the Town of Queensbury Code ("Code") requires AT&T to submit the
Application for site plan review and approval. Thus, on behalf of AT&T, we hereby
submit this letter of intent, including appropriate supporting documentation, to the
Planning Board, requesting site plan review in connection with the AT&T's Application.
A completed copy of the Town's site plan review application form is attached hereto as
Exhibit A.
ATTORNEYS AT LAW
THOMAS PUCHNER, PARTNER PHONE 518 472 1224 EXT, 1245 TPUCHNER@PHILLIPSLYTLE.COM
OMNI PLAZA 30 SOUTH PEARL STREET ALBANY, NY 12207-3425 PHONE 518 472 1224 FAX 518 472 1227
NEW YORK: ALBANY, BUFFALO, CHAUTAUQUA,GARDEN CITY, NEW YORK, ROCHESTER I WASHINGTON,DC I CANADA: WATERLOO REGION I PHILLIPSLYTLE.COM
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 2
The Project is proposed pursuant to an Option and Lease Agreement ("Agreement")
between Kubricky Construction Corp. (f/k/a John Kubricky &Sons, Inc.), the owner of
the Property ("Owner"), as Landlord, and AT&T, as Tenant. Owner executed the
Agreement, which authorizes AT&T to file any zoning applications necessary for
construction, installation and/or operation of the Proposed Facilities. A redacted copy
of the Agreement is attached hereto as Exhibit B. A copy of the current deed is
included in Exhibit B as well.
Also, the Property is the subject of an existing Adirondack Park Agency Permit No. P79-
244, issued Sept. 18, 1,979 in the name of John Kubricky &Sons, Inc. ("APA Permit"). A
copy of the APA Permit is attached hereto as Exhibit C. AT&T has also submitted an
application to the APA for approval of the Proposed Facilities. The APA application is
incomplete pending the ZBA's decision on AT&T's use variance request.
EXHIBIT LIST
The following exhibits are attached hereto and made part hereof:
Exhibit A: Site Plan Review Application Form
Exhibit B: Option and Lease Agreement (and Deed)
Exhibit C: APA Permit
Exhibit D: FCC Licenses
Exhibit E: Detailed Site Plans
Exhibit F: Alternatives Analysis
Exhibit G: Visual Impact Analysis and Impact Assessment Report
Exhibit H: Site Justification Memo and RF Propagation Maps
Exhibit I: No-Cutting Declaration
Exhibit J: Tree Inventory/Survey
Exhibit K: Collocation Certification
Exhibit L: Copies of Notifications Submitted to Adjacent Municipalities
Exhibit M: Copy of APA Notices
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 3
Exhibit N: FAA Determination
Exhibit O: Equipment Specifications?
Exhibit P: Stormwater Memorandum
Exhibit Q: NYSDEC Mining Permit
AT&T previously submitted a check for one-hundred dollars ($100.00) for the site plan
application fee. AT&T is submitting a separate check in the amount of four-hundred
($400.00) for the balance of the applicable telecommunications site plan review fee of
five-hundred dollars ($500.000).
ABOUT AT&T
AT&T is licensed by the Federal Communications Commission ("FCC") to construct
and operate a wireless telecommunications network in various markets throughout the
country, including the State of New York and the Town of Queensbury. AT&T is in the
process of designing and constructing additional wireless facilities to its existing
telecommunications system to serve the extent of the Adirondack Park and
municipalities located therein. One of the key design objectives of its systems is to
provide adequate and reliable coverage. Such a system requires a grid of radio
transmitting and receiving links located approximately .5 to 2 miles apart, depending
on the location of existing and proposed installations in the surrounding area, the extent
of use of AT&T's wireless services within the network, as well as the existing
topography and obstructions.
1 AT&T reserves the right to change the manufacturer,make,model,type and operating characteristics of
the antennas and any other equipment based on availability,price,performance and other considerations
and in accordance with all applicable laws.
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 4
PROTECT DETAILS
Applicant: New Cingular Wireless PCS, LLC ("AT&T")
AT&T's Address: 575 Morosgo Drive
Atlanta, GA 30324-3300
Attorney Contact: Phillips Lytle LLP
Attention: Thomas F. Puchner, Esq.
30 South Pearl Street
Albany, New York 12207
Telephone: (518) 472-1224
E-Mail: tpuchner@phillipslytle.com
Project Location: 1359 Ridge Road
Queensbury, NY
County of Warren
Tax Parcel: 279.-1-48
Zoned Moderate Density Residential
Property Owner: I<ubricky Construction Corp
269 Ballard Road
Wilton, New York 12831
Project Description: AT&T proposes to construct a 130' monopole, with 9
antennas at a centerline height of 126'and a base transceiver
station with a 11'-5" x- 12' equipment shelter and an
attached generator located on a 20' x 11'-5" concrete pad, all
within a 40' x 60' fenced area. A copy of the Detailed Site
Plans are attached hereto as Exhibit E.
E-77,7,
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 5
PROTECT DESCRIPTION
The Project will include the installation of a 130' monopole and related equipment
within a 10,000 square foot lease area, containing a 40' x 60' fenced compound. See
Exhibit E (Site Plans, Pages T3 and T4). The monopole will include Andrew SBNHH-
1D65C LTE antennas, Andrew SBNH-1D8585C UMTS antennas, Remote Radio Units
and A2-AWS units, as well as Raycap DC6-48-60-18-8F Squid/DC Surge Suppressors,
all to be mounted at a centerline height of 126', with associated cabling and related
equipment. In addition, an 11'-5"x 12' precast concrete equipment shelter and 7-9" x
3'-2" Generac SD050 diesel generator with Level 2 Sound Enclosure will be installed
within the compound all on a 20' x 11'-5" concrete pad. See Exhibit E (Site Plans,
Pages T4 and T5).
The Project will provide enhanced wireless communication services to the community
and will enable users to access a state-of-the-art, fully digital system for voice
communications, messaging, and data transmission and reception with AT&T's most
advanced technology, Long Term Evolution ("LTE"). LTE is the next step in AT&T's
4G network evolution, and 4G means faster mobile broadband speeds and faster data
transfers. This Project is vital to AT&T's customers and essential to AT&T's network.
With an enhanced LTE network, AT&T can provide improved service capabilities in
more places than ever before, and the Project will allow those living in, working, and
visiting the Adirondack Park, the Town of Queensbury and Lake George all the benefits
LTE has to offer.
SITE SELECTION PROCESS
AT&T developed plans for the Proposed Facilities based on a detailed site selection
process that assesses many components. First and foremost, AT&T is committed to
working with local communities in siting and constructing communications facilities.
Because AT&T wishes to be a good neighbor and to establish a positive, long-term
C�n�r
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 6
relationship with communities, all projects are designed to harmonize with the
character and value of investments in each neighborhood. In pursuit of this goal, each
of the following factors were assessed by AT&T for each potential site identified:
Land Use Compatibility: Specific zones and districts within each jurisdiction are
assessed for their compatibility. Government, industrial and commercial areas
are considered the most compatible, residential and open spaces the least. Sites
are deemed appropriate only if access is possible, initial environmental due
diligence is completed and acceptable, and zoning requirements aregenerally
met.
Aesthetic Compatibility: Natural and man-made features and topography are
considered when siting wireless communications facilities. Forested areas
providing trees for visual screening or developed areas with surrounding
infrastructure are considered desirable. Furthermore, changes in topography are
considered because differences in elevation between the facility and major
vantage points may also act to mitigate visual impacts.
Engineering Suitability: Following a site visit, the ability to send and receive
radio signals is assessed. Because wireless communications antennas require line
of sight transmission, the degree to which hills, tall buildings or trees block the
signal is evaluated. In addition to the need for the site to provide service at the
required radio frequency signal level within the target service area, the site must
fit into the general build-out plan for the market.
Ability to Lease: Property owners of suitable sites are contacted to determine
their interest in entering into a lease agreement. A concerted effort is made to
use publicly-owned facilities in communities responsive to using their property
to generate additional revenue.
F.^i.iii
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 7
Constructability: Each structure or parcel of land is evaluated for its capacity to
support a facility. Surveys and, in some cases, structural analyses and soil
samples are performed to identify and mitigate potential problems.
Here, the Site is the most preferable location for the Proposed Facilities. AT&T initially
considered several tall structures in the area, but those structures were ruled out by
AT&T RF Engineers because they do not satisfy AT&T's coverage objective. Otherwise,
there were no other viable existing structures for the Proposed Facilities. See Exhibit F
(Alternatives Analysis).
As a result, AT&T considered locations to site a new tower. In order to comply with the
Code relative to locations for siting wireless telecommunications facilities, the Site
Acquisition Consultant identified properties in CLI or HI districts. The closest property
that has either designation is near the Glens Falls Airport, over 2.5 miles away. Thus,
new wireless telecommunications facilities at this location would not satisfy AT&T's
coverage objectives. See Exhibit F (Alternatives Analysis).
Consequently, AT&T considered locations with other zoning classifications,
understanding that a use variance would be required.2 In doing so, it was determined
that installing and operating the Proposed Facilities at the Site are the least intrusive
alternative on the community than other options necessary to overcome the existing
service gaps. As described more fully below, the Site is well screened from visual
impacts to Route 149 by existing woodland vegetation to the north, while its location at
the top of a hill provides adequate service meeting AT&T's coverage objective, and
requiring almost no site disturbance because of the existing sand/gravel use.
Alternative locations to the north of Route 149 would be surrounded by residential
properties, at significantly lower elevation, and without the benefit of the Site's
2 AT&T has submitted an application for a use variance in connection with the Proposed Facilities to the
Town of Queensbury Zoning Board of Appeals.
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 8
screening vegetation to the north. Likewise, properties to the south along Ridge Road
would be at significantly lower elevations. See Exhibit F (Alternatives Analysis).
The Site is well screened from potential visual impacts. It sits high on a hill surrounded
by dense woodlands that screen them from visual receptors. See Exhibit E (Site Plans,
Pages T-1 and T-2) and G (Visual Analysis). Because of the surrounding woodlands
and undulating terrain, the Proposed Facilities are not visible from most visual
receptors. See Exhibit G (Visual Analysis). The height of the Site relative to the
surrounding terrain allows the Proposed Facilities to serve the surrounding areas where
significant service gaps exist without requiring a tower height that is out of scale with
surrounding vegetation and terrain. See Exhibit G (Visual Analysis) and H (Site
Justification Memo and Propagation Maps, at Exhibit 3 - Existing Coverage). Thus,
the physical location of the Proposed Facilities in relation to its surroundings acts to
mitigate the potential for adverse impacts from the Proposed Facilities. See Exhibits F
(Alternatives Analysis) and G (Visual Analysis). Further, surrounding vegetation
towards Route 149 screens the views in that direction so that no adverse impact occurs.
See Exhibit F (Alternatives Analysis) and Exhibit G (Visual Analysis). In addition,
AT&T proposes to install additional screening (white pine trees) along the existing
berm facing Ridge Road and at the eastern side of the equipment compound. See
Exhibit E (Site Plans, Pages T-3 and T-4) and Exhibit G (Visual Analysis,Photo
Location #6).
In order to ensure that existing mitigating vegetation is maintained, AT&T has obtained
a no-cutting declaration ("Declaration") from Queensbury Country Club, the owner of
adjacent properties to the north towards Route 149. See Exhibit I (No-Cutting
Declaration). The Declaration prevents AT&T or the landowner from removing trees
within a 200' radius of the Proposed Facilities. The Declaration was approved as-to-
form by APA Staff prior to execution and has been recorded with the Warren County
Clerk.
What's more, the nature of the Property itself is very desirable for the Proposed
Facilities, In particular, the Property is located on an existing sand/gravel borrow pit in
`7
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 9
an area surrounded by industrial and/or commercial uses, including solid waste
transfer station and former landfill and other borrow pits. See Exhibit E (Site Plans,
Page T-1). Thus, no significant impact on surrounding uses or community character is
expected and the Proposed Facilities will be generally compatible with surrounding
uses.
Accordingly, construction, installation and maintenance of the Proposed Facilities at the
Site is the least intrusive alternative on the community that will overcome the existing
service gaps.
SITE PLAN REVIEW ANALYSIS
Chapter 179-5-130 of the Code sets forth the site plan review requirements in connection
with the construction of a new wireless telecommunications tower and related
equipment, such as the Proposed Facilities. Thus, in addition to the information set
forth above, the following is a list of the relevant Code requirements along with an
explanation of how each has been addressed.
1. Designated Areas. Placement of telecommunications towers is restricted to
certain areas within the Town of Queensbury. These areas are as follows: in any
Commercial Light Industrial (CLI) and Heavy Industrial (HI) Zoning District or
co-located on any property where a telecommunications tower or other tall
structure (structures over 50 feet in height) exists.
Applicant's Response: In this case, the Facility zvill be located on the Property that is
zoned Moderate Density Residential (MDR). Thus, on behalf of the Applicant, zve have
submitted an application for a use variance to the Tozvn of Queensbury Zoning Board of
Appeals for AT&T to proceed zvith the installation of the Proposed Facilities on the
Property. See also "SITE SELECTION PROCESS,"above.
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Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 10
2. Site Plan Review. Site plan review pursuant to Article 9, Site Plan Review, of this
chapter shall be required for placement of any antenna in or on an existing tall
structure other than an existing telecommunications tower and for any
construction of a new tower. In addition to the requirements of Article 9, Site
Plan Review, the following shall apply:
Applicant's Response: See "Paragraph 22,Article 9 Requirements," below.
3. General Requirements. All site plan applications shall show all existing and
proposed structures and improvements, including roads, and shall include
grading plans for new facilities and roads. The site plan shall also include
documentation of the proposed intent and capacity of use as well as a
justification for the height of any tower or antenna and justification for any land
or vegetation clearing required.
Applicant's Response: See Exhibit E (Site Plans).
In terms of capacity of use and the height of the monopole, the 130'tower with AT&T
centerline at 126'is the best option to provide coverage to AT&T's customers while also
allowing adequate space for two additional carriers at sufficient heights (approx. 116'and
106') to provide adequate coverage, depending on their network. See Exhibits H(Site
Justification Memo and RF Propagation Maps) and K(Collocation
Certification). As explained by AT&T's network engineer, the surrounding tree canopy
in the immediate vicinity of the proposed tozver has a height above mean sea level
(AMSL) of 596 . See Exhibit H(Site Justification Memo and RF Propagation
Maps). The radiation center of 126' (611'AMSL) allows the antennas to be just above
tree line and hence provides much better transmission of radio signals by providing less
signal loss. See Exhibit H(Site Justification Memo and RF Propagation Maps).
With respect to clearing of vegetation, none zvill be required as the Property is located on
an existing sand/gravel borrozv pit in an area surrounded by industrial and/or
commercial uses, including solid zvaste transfer station and former landfill and other
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 11
borrozv pits. See Exhibit E (Site Plans, Pages T-2, T-3 and T-4). In fact, as noted
above, in order to ensure that existing mitigating vegetation is maintained, AT&T has
obtained the No-Cutting Declaration, zuhich prevents AT&T or the landozvner from
removing trees zvithin a 200'radius of the Proposed Facilities. See Exhibit I (No-
Cutting Declaration) and J(Tree Inventory/Survey).
4. Visual Impact Assessment. All site plan applications, whether involving
location on an existing tall structure or construction of a new tower, shall include
a visual impact assessment. This assessment shall include:
(a) Pictorial representations of"before" and "after" views from key viewpoints
both inside and outside of the Town, including but not limited to state
highways and other major roads and state and local parks.
Applicant's Response: A balloon float zvas held on June 18, 2013 and again on
August 7, 2013 to assess the visibility of the Proposed Facilities from sensitive visual
receptors nearby. Both balloon float events zvere attended by APA Environmental
Program Specialist Virginia Yamrick. A zone of visibility map zvas prepared using
USGS topographic data in order to evaluate visibility from surrounding areas, zvhich
map zvas used to identifij locations for fiirther assessment during the balloon float.
The August 7, 2013 balloon float zvas necessary to permit evaluation of the Proposed
Facilities from Dunhams Bay Marsh. Photographs zvere taken at locations both inside
and outside of the Tomi, including but not limited to the Adirondack Park, Bay
Road, Ridge Road and Jenkinsville Road. See Exhibit G (Visual Analysis,
Appendices B and C). These photographs zvere then used to create photo simulations
to assess the visual impact of the Proposed Facilities at locations where it zvas visible.
See Exhibit G (Visual Analysis,Appendices B and C).
(b) Assessment of visual impact of the facility/structure designs and color
schemes.
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 12
Applicant's Response:In terms of tozver design, AT&T proposes a monopole because
of its sleek tozver design that takes up a minimal amount of property to achieve the
desired height. In comparison, a lattice tozver zvould require more footprint for the
tower legs, zvhile a guyed tozver zvould require additional space for guy anchors to be
placed outside the equipment compound area. The antennas zvill be painted using
colors to blend in u4th the tozver and will have non-specular finish, as required by
typical APA permit conditions. Finally, because the existing surrounding vegetation
provides adequate screening and zvill be protected by an APA-approved no-cutting
restriction, no tozver/equipment camouflage or other "stealth" mechanisms are
rational, required or necessary. See Exhibit G (Visual Analysis).
(c) Assessment of visual impact of the facility/structure, accessory buildings and
overhead utility lines from abutting properties and streets.
Applicant's Response: The Site is well screened from potential visual impacts. It sits
high on a hill surrounded by dense zvoodlands that screen them from visual receptors.
See Exhibit E (Site Plans, Page T-3) and Exhibit G (Visual Analysis). Because
of the surrounding zvoodlands and undulating terrain, the Proposed Facilities are not
visible from most visual receptors. See Exhibit G (Visual Analysis). The height of
the Site relative to the surrounding terrain allows the Proposed Facilities to serve the
surrounding areas where significant service gaps exist without requiring a tozver
height that is out of scale zvith surrounding vegetation and terrain. See Exhibit G
(Visual Analysis). Thus, the physical location of the Proposed Facilities in relation
to its surroundings acts to mitigate the potential for adverse impacts from the
Proposed Facilities. See Exhibit G (Visual Analysis). Further, surrounding
vegetation tozvards Route 149 screens the viezvs in that direction so that no adverse
impact occurs. See Exhibit G (Visual Analysis). In addition, AT&T proposes to
install additional screening (zvhite pine trees) along the existing berm facing Ridge
Road and at the eastern side of the equipment compound. See Exhibit E (Site
Plans, Pages T-3 and T-4) and Exhibit G (Visual Analysis, Photo 6).
(d) A completed visual environmental assessment form addendum.
r7'77771
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 13
Applicant's Response: Because the Project is subject to Adirondack Park Agency
permitting as a Class A Regional Project, it is excluded from SEQR by ECL 8-
0111(5)(c) and classified as a Type II action exempt from SEQR pursuant to 6
NYCRR 617.5(c)(36). Thus, a SEQR visual environmental assessment form
addendum is not required. Nonetheless, please see Exhibit G (Visual Analysis),
Which documents that no significant adverse visual impacts will occur due to the
Project.
5. Landscaping Plan.
(a) All site plan applications shall include a plan illustrating the size, type,
placement and quantity of existing vegetation to remain as well as vegetation
to be added. The final landscaping plan will become part of the approved site
plan. All new plantings shall be planted by a date specified by the Planning
Board.
Applicant's Response: AT&T proposes to install additional screening (zuhite pine
trees) along the existing berm facing Ridge Road and at the eastern side of the
equipment compound. See Exhibit E (Site Plans, Pages T-3 and T-4) and
Exhibit G (Visual Analysis, Photo 6).
(b) Existing on-site vegetation shall be preserved to the maximum extent
possible, and no cutting of trees exceeding four inches in diameter (measured
at a height of four feet off the ground) shall take place prior to site plan
approval. Clear-cutting of all trees in a single contiguous area exceeding
20,000 square feet shall be prohibited.
Applicant's Response: See "Applicant's Response to Paragraph 3,"above.
(c) The landscaping plan shall include deciduous or evergreen tree plantings
which may be required to screen portions of the tower from nearby
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 14
residential property as well as from public sites known to include important
views or vistas. Where the site abuts residential or public property, including
streets, at least one row of native evergreen shrubs or trees capable of forming
a continuous hedge at least 10 feet in height within two years of planting shall
be provided to effectively screen the tower base and accessory facilities. In
the case of poor soil conditions, planting may be required on soil berms to
assure plant survival. Plant height in these cases shall include the height of
any berm.
Applicant's Response: See "Applicant's Responses to Paragraphs 4(c) and 5(a),"
above.
6. Fees. In addition to any fees provided for by § 179-9-060 of this chapter, the
applicant shall be required to pay any fees or costs incurred by the Planning
Board for legal, engineering and/or technical review, provided that the fees or
costs reflect the actual costs to the Planning Board.
Applicant's Response:Acknowledged.
7. Standards for Placement. New or modified antennas or telecommunications
towers shall be placed according to the following priority: first, collocation on an
existing tower; second, placement of antennas or other telecommunications
equipment in or on an existing tall structure located on a lot within the areas
listed in Subsection C above; third, placement in or on an existing tall structure
not located within the areas listed in Subsection C above; fourth, placement of a
new tower on a lot where a telecommunications tower already exists; and fifth,
placement of a new tower on a lot within the areas listed in Subsection C above.
Where shared use of existing towers or structures is not proposed, the applicant
must provide documentation of the inability to utilize an existing tower or
structure.
Applicant's Response: See "SITE SELECTION PROCESS "above.
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Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 15
8. Co-Location on Existing Telecommunications Towers. Co-location of
telecommunications equipment on existing telecommunications towers shall be
the preferred placement mode.
Applicant's Response: See "SITE SELECTION PROCESS "above.
9. Shared Use of Existing Tall Structures. At all times, shared use of existing tall
structures (for example, municipal water towers, multistory buildings) shall be
preferred to the construction of new towers.
Applicant's Response: See "SITE SELECTION PROCESS "above.
10. New Telecommunications Towers on Lots Already Containing a Tower.
Construction of a new telecommunications tower on a lot already containing a
telecommunications tower shall be given third priority after co-location on an
existing tower and shared use of an existing tall structure.
Applicant's Response: See "SITE SELECTION PROCESS,"above.
11. New Telecommunications Towers on Lots Not Already Containing a Tower.
Construction of a new telecommunications tower on a lot not already containing
a telecommunications tower shall be given fourth priority after co-location on
existing towers, shared use of existing tall structures and construction of a tower
on a lot already containing a tower. The Planning Board may consider a new
telecommunications tower on a lot not already containing a telecommunications
tower when:
(a) The applicant documents that co-location on an existing telecommunications
tower, shared use of an existing tall structure and locating the tower on a lot
already having a telecommunications tower are not practical.
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 16
Applicant's Response: See "SITE SELECTION PROCESS "above.
(b) The applicant shall submit a report locating and inventorying all existing tall
structures and existing or approved telecommunications towers within a
reasonable distance of the proposed site. This distance shall be determined by
the Planning Board in consultation with the applicant.
Applicant's Response: See "SITE SELECTION PROCESS,"above.
(c) The applicant shall document good faith efforts to secure shared use from the
owner of each existing tall structure, existing or approved
telecommunications tower and lot already containing a telecommunications
tower. Such documentation shall include written requests to each owner,
estimated expenses and an explanation of the physical, technical and/or
financial reasons why co-location on an existing telecommunications tower,
shared use of an existing tall structure or location on a lot already containing
a tower is not practical in each case.
Applicant's Response: See "SITE SELECTION PROCESS,"above.
(d) The applicant submits a copy of the Federal Communications Commission
(FCC) license for operation of the new equipment.
Applicant's Response: Copies of the FCC Licenses are attached hereto as Exhibit D.
12, Setbacks. Telecommunications towers and antennas shall comply with all
existing setbacks within the affected zone. Additional setbacks may be required
by the Planning Board to contain on-site substantially all ice-fall or debris from
tower failure and/or to preserve the privacy of adjoining residential and public
property. Setbacks shall apply to all tower parts, including guy wire anchors,
and to any accessory facilities.
m,
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 17
Applicant's Response:Acknozvledged. See Exhibit E (Site Plans, Page T-3).
13. Access and Parking. A road and parking shall be provided to assure adequate
emergency and services access. Maximum use of existing roads, public or
private, shall be made. Road construction shall at all times minimize ground
disturbance and vegetation cutting to within the toe of fill, the top of cuts or no
more than 10 feet beyond the edge of any pavement. Road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce soil
erosion potential.
Applicant's Response:Acknozvledged. See Exhibit E (Site Plans, Pages T-3 and T-4).
14, New Telecommunications Tower Design. Alternative designs shall be
considered for all new telecommunications towers, including lattice and single-
pole structures. The design of all proposed new telecommunications towers shall
comply with the following:
(a) Any new tower shall be designed to accommodate future shared use by other
telecommunications providers,
Applicant's Response: The monopole will be designed to accommodate 2 additional
wireless telecommunications carriers. See Exhibit K(Collocation Certification).
(b) The maximum height of any new tower shall not exceed that which is
necessary to provide service.
Applicant's Response: See "Applicant's Response to Paragraph 3,"above.
In addition, as demonstrated by the Site Justification Memo and RF Propagation
Maps, attached as Exhibit H(Site Justification Memo and RF Propagation
Maps), the Proposed Facilities will provide adequate in-car coverage along NYS
Route 9L, NYS 149, and CR 7. The Proposed Facilities also will remedy the existing
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 18
in-car coverage gaps that exists between the Queensbury and Fort Ann sites along
NYS 149, and increase connecting coverage north of NYS 9L (Ridge Road) and CR 7
(Bay Road) by connecting with AT&T's Pilot Knob site at Lake George's Dunham,
Harris and Warner Bays. See Exhibit H(Site Justification Memo and RF
Propagation Maps).
Similarly, the Proposed Facilities zvill provide adequate in-building coverage to the
surrounding residential neighborhoods along Moon Hill Road and Sunnyside Road
and the Queensbury Country Club golf course. See Exhibit H(Site Justification
Memo and RF Propagation Maps). Also, the coverage levels for the majority,/of
the residential areas to be served by the Proposed Facilities will be increased above the
-95dBm threshold, which will result in adequate in-building coverage in those areas.
See Exhibit H(Site Justification Memo and RF Propagation Maps). Further,
the intermittent-95 dBm signal levels serving the northern section of the Tozvn,
along Route 149 and 9L, zvill be increased to sufficiently penetrate commercial
construction consisting of block, masonry brick and metal sheathing. See Exhibit H
(Site Justification Memo and RF Propagation Maps). Additionally, the
Proposed Facilities will remedy the service gaps that exist in the areas of County
Road 7 and Lake Sunnyside, See Exhibit H(Site Justification Memo and RF
Propagation Maps).
Lastly, the Proposed Facilities zvill serve to significantly offload far away
traffi%ustomers presently serviced by AT&T's Glen Falls site atop the Cronin High
Rise near the Glens Falls Civic Center. See Exhibit H(Site Justification Memo
and RF Propagation Maps).
Accordingly, the Proposed Facilities, zNth antennas at a centerline height of 126'1 zvi11
adequately remedy the existing service gaps.
(c) The Board may request a review of the application by a qualified engineer in
order to evaluate the need for and the design of any new tower.
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Tow of Queensbury Planning Board September 15, 2015
Page 19
Applicant's Response:Acknozvledged.
(d) Accessory structures shall maximize the use of building materials, colors and
textures designed to blend with the natural surroundings.
Applicant's Response:Acknozvledged, See Exhibit E (Site Plans, Page T-4).
(e) No portion of any tower or accessory structure shall be used for a sign or
other advertising purpose, including but not limited to company name,
phone numbers, banners and streamers.
Applicant's Response:Acknozvledged. AT&T does not intend to use any tower or
accessory structure for a sign or other advertising purpose, including but not limited
to company name, phone numbers, banners and strealvers.
(f) Towers shall not be artificially lighted except to assure human safety as
required by the Federal Aviation Administration (FAA). Towers shall be a
galvanized finish or painted gray above the surrounding tree line and painted.
gray, green,black or similar colors designed to blend into the natural
surroundings below the surrounding tree line unless other standards are
required by the FAA. Towers should be designed and sited so as to avoid
application of FAA lighting and painting requirements whenever possible.
Applicant's Response: The monopole ztxill not be artificially lighted or marked, and it
zvill be galvanized grey steel in color. See Exhibit N(FAA Determination) and
"Applicant's Response to Paragraph 4(b),"above. AT&T respectfully requests
a waiver frond the requirement to paint the tower a different color belozv the tree line,
as the Project is located on an industrial/gravel pit location and surrounded by
vegetation screening it towards any significant visual receptors.
15. [No Heading in Code]. All towers and accessory facilities shall be sited to have
the least practical adverse visual effect on the environment.
;r7
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 20
Applicant's Response: See "Applicant's Response to Paragraph 4,"above, and
Exhibit G (Visual Analysis).
16. Authority to Impose Conditions. The Planning Board shall have the authority to
impose such reasonable conditions and restrictions as are directly related to and
incidental to the proposed telecommunications tower site plan.
Applicant's Response:Acknozuledged.
17. Removal Upon Abandonment. The applicant shall submit to the Planning Board
a letter of intent committing the owner of a telecommunications tower or antenna
and his/her successors in interest to notify the Zoning Administrator within 30
days of the discontinuance of use of the tower or any antenna affixed to a tower
or other tall structure. This letter shall be filed with the Zoning Administrator
prior to issuance of a building permit (assuming the application is approved
according to this section). Obsolete or unused towers, antennas and accessory
structures shall be removed from any site within four months of such
notification. Failure to notify and/or to remove the obsolete or unused tower,
antenna or accessory structure in accordance with these regulations shall be a
violation of this chapter and shall be punishable according to Article 17,
Enforcement.
Applicant's Response:Acknozuledged.
18. Intermunicipal Notification for New Towers. In order to keep neighboring
municipalities informed and to facilitate the possibility of directing that an
existing telecommunications tower or existing tall structure or lot containing an
existing telecommunications tower in a neighboring municipality be considered
for shared use and to assist in the continued development of County 911 services,
the Board shall require that:
�J�J
1'7
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 21
(a) An applicant who proposes a new telecommunications tower shall notify in
writing the legislative body of each municipality that borders the Town of
Queensbury and the Director of Warren County Emergency Services.
Notification shall include the exact location of the proposed tower and a
general description of the project, including but not limited to the height of
the tower and its capacity for future shared use.
Applicant's Response:AT&T has notified notifi/in writing the legislative body of
each municipality that borders the Town of Queensbunj and the Director of Warren
County Emergency Services that AT&T has submitted the Application. See Exhibit
L (Copies of Notifications Submitted to Adjacent Municipalities).
(b) An applicant who proposes a new telecommunications tower within the
Adirondack Park shall notify in writing the Adirondack Park Agency.
Notification shall include the exact location of the proposed tower and a
general description of the project, including but not limited to the height of
the tower and its capacity for future shared use.
Applicant's Response: The Applicant previously submitted an application in
connection with Proposed Facilities to the Adirondack Park Agency on January 31,
2015. A copy of the APA public notice is attached as Exhibit (Copy of APA
Notices).
(c) Documentation of this notification shall be submitted to the Planning Board
at the time of application.
Applicant's Response: See Exhibit M(Copy of APA Notices),
19. Public Hearing and Notification of Nearby Landowners. Except for
applications for co-location on an existing telecommunications tower reviewed
pursuant to Subsection F above, a public hearing shall be held for all applications
for location of a telecommunications tower or antenna. The Town shall be
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 22
required to mail notice of the public hearing directly to all landowners whose
property is located within 500 feet of the property line of the parcel on which a
tower or antenna is proposed. Notice shall also be mailed to the administrator of
any state or federal parklands from which the proposed tower or antenna would
be visible if constructed. Notification, in all cases, shall be made by certified mail.
Documentation of this notification shall be submitted to the Board prior to the
public hearing.
Applicant's Response;Acknowledged.
20. Maintenance and/or Escrow Account. Prior to approval of any application, the
Planning Board, at its sole discretion,may require the applicant and/or the
owner to establish a maintenance and/or escrow account or bond in an amount
sufficient to cover the technical review, installation, maintenance, construction
and removal of the proposed telecommunications tower or antenna during its
lifetime. The amount required shall be determined at the sole discretion of the
Board, based upon the unique characteristics of the tower (or antenna) and the
site. The applicant and/or owner shall cooperate with the Board in supplying all
necessary construction and maintenance data to the Board prior to approval of
any application. Cost estimates may be reviewed by the Town consulting
engineer at the Planning Board's discretion.
Applicant's Response;Acknozvledged.
21. Chapter 179, Article 9 (Site Plan Review) Requirements.
(a) A vicinity map drawn at the scale that shows the relationship of the proposal
to existing community facilities which affect or serve it, 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.
17,,7,
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 23
Applicant's Response: See Exhibit E (Site Plans, Pages T-2, T-3 and T-4).
(b) The site plan shall be drawn at a scale of 40 feet to the inch (one inch equals
40 feet) or such other scale as the Planning Board may deem appropriate, on
standard twenty-four-inch-by-thirty-six-inch sheets, with continuation on
sheets 8 1/2inches by 11 inches as necessary for written information. The
information listed below shall be shown on the site plan and continuation
sheets.
Applicant's Response: See Exhibit E (Site Plans, Pages T-3 and T-4), This
submittal includes 11'x17' Site Plan Drawings zvith a scale of 1"=50'. Thus, AT&T
respectfully requests a zvaiver of the requirement to subinit plans zvith a scale of
1"=40'.
(c) Name of the project, boundaries, date, North arrow, and scale of the plans.
Applicant's Response: See Exhibit E (Site Plans, Page T-3).
(d) Name and address of the owner of record, developer, and seal of the
engineer, architect, or landscape architect. If the applicant is not the record
owner, a letter of authorization shall be required from the owner.
Applicant's Response: See Exhibit B (Option and Lease Agreement(and Deed))
and Exhibit E (Site Plans).
(e) The location and use of all existing and proposed structures within the
property, including all dimensions of height and floor area, all exterior
entrances, and all anticipated future additions and alterations.
Applicant's Response: See Exhibit E (Site Plans, Pages T-2, T-3 and T-4).
r"11171"',,1 u
U,
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 24
(f) The location of all present and proposed public and private ways, off-street
parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs,
paths, landscaping, walls, and fences. Location, type, and screening details
for all waste disposal containers shall also be shown.
Applicant's Response: See Exhibit E (Site Plans, Pages T-2, T-3 and T-4).
(g) The location, height, intensity, and bulb type (sodium, incandescent, etc.) of
all external lighting fixtures. The direction of illumination and methods to
eliminate glare onto adjoining properties must also be shown in compliance
with § 179- 6-020.
Applicant's Response: The Project has received a determination of no hazard to
aviation from. the Federal Aviation Administration that the monopole will not require
lighting or marking. See Exhibit N.
(h) The location, height, size, materials, and design of all proposed sign.
Applicant's Response: AT&T does not intend to install any signs, unless required by
any applicable law or regulation.
(i) The location of all present and proposed utility systems, including; (1)
Sewage or septic system; (2) Water supply system; (3) Telephone, cable, and
electrical systems; and (4) Storm drainage system, including existing and
proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants,
manholes, and drainage swales.
Applicant's Response: See Exhibit E (Site Plans).
(j) Plans to prevent the pollution of surface or groundwater, erosion of soil both
during and after construction, excessive runoff, and flooding of other
properties, as applicable. A storm water pollution prevention plan (SWPPP)
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 25
for all land development activities (excluding agricultural activities) on the
site that result in land disturbance of one 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
one acre.
Applicant's Response: This provision only applies to construction that disturbs land
over one acre. Since the Proposed Facilities zvill only disturb 0.15 acres of land, the
Proposed Facilities are exempt from this requirement and a SWPPP is not required.
Nonetheless, simplified stormzvater design calculations (on Site Plan Sheet T-3) and
corresponding clarifying memorandum by Vision Engineering, dated August 8,
2015, See Exhibit E (Site Plans, Pages T-3) &Exhibit P (Vision Engineering,
Storniwater Memo)
(k) Existing and proposed topography at two-foot contour intervals, or such
other contour interval as the Planning Board shall allow. All elevations shall
refer to the nearest United States Coastal and Geodetic Bench Mark. If any
portion of the parcel is within the one-hundred-year floodplain, the area will
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 is required, showing the approximate volume in cubic yards.
Applicant's Response: See Exhibit E (Site Plans, Pages T-2, T-3 and T-4).
(1) A landscape plan showing all existing natural land features that may
influence the design of the proposed use such as rock outcrops, stands of
trees, single trees eight or more inches in diameter, forest cover, and water
sources, and all proposed changes to these features, including sizes and types
of plants. Water sources include ponds, lakes, wetlands and watercourses,
aquifers, floodplains, and drainage retention areas.
<n
'gym
�a
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 26
Applicant's Response: See Exhibit E (Site Plans).
(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 overlay districts that
apply to the property.
Applicant's Response: See Exhibit E (Site Plans, Pages T-2, T-3 and T-4).
(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; (I)
The projected number of motor vehicle trips to enter or leave the site,
estimated for weekly and annual peak-hour traffic levels; (2) The projected
traffic flow pattern, including vehicular movements at all major intersections
likely to be affected by the proposed use of the site; and (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.
Applicant's Response: The Site consists of an existing borrow pit which is currently
in the process of being reclaimed by falling with clean fall and construction debris. As
such the parcel contains an existing gravel access drive and entrance from NYS
Route 9L. The existing access is a gravel road approximately 30 feet in width. The
entrance is gated by the owner for security purposes crud presently has berms
installed on either side to act as a physical barrier to prevent unauthorized entrance
onto the property. Once on the property and inside the security gate the existing
gravel drive extends north-westerly to the portions of the Site currently being filled.
The owner has created a gravel drive loop which facilitates dumping loaded trucks
and vehicles hauling the clean fall. The tower lease area and compound are located
just off the edge and north of the existing gravel loop road. This gravel road will be
utilized to access the telecommunication compound without further improvements
l
Mr. Paul Schonewolf
Mr, Chris Hunsinger
Town of Queensbury Planning Board September 15,2015
Page 27
being necessary. Lastly,following construction of the Proposed Facilities, AT&T
anticipates approximately one vehicle trip per month to the Site for general
maintenance purposes. See Exhibit E (Site Plans, Pages T-3 and T-4).
(o) 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.
Applicant's Response: See Exhibit E (Site Plans).
(p) Elevations at a scale of 1/4 inch equals one 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.
Applicant's Response: See Exhibit E (Site Plans).
(q) Soil logs, water supply well and percolation test results, and storm runoff
calculations, as needed to determine and mitigate project impacts.
Applicant's .Response: N/A.
(r) Plans for disposal of construction and demolition waste, either on-site or at an.
approved disposal facility.
Applicant's Response: N/A.
(s) Plans for snow removal, including location(s) of on-site snow storage.
",,`77
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 28
Applicant's Response: AT&T agrees to ensure that snozo will be renzoved as
necessary at the Site.
(t) An environmental assessment form (EAF), as required by the SEQRA
regulations, with Part 1 completed by the applicant, shall be submitted as
part of the application. If the proposed project requires a special use permit
and an has been submitted in conjunction with a special use permit
application, a duplicate EAF is not required for the site plan application.
Applicant's Response: See Applicant's Response to Paragraph "40,"above.
(u) If an application is for a parcel or parcels on which more than one use is
proposed, the applicant may submit a single application for 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.
Applicant's Response: N/A.
(v) A brief narrative statement on how the project proposed for review furthers
or is consistent with the vision, goals policies in the Town's Comprehensive
Plan.
Applicant's Response: As noted above, on behalf of the Applicant, z«e have submitted
an application for a use variance to the Tozon of Queensbury Zoning Board of
Appeals for AT&T to proceed with the installation of the Proposed Facilities on the
Property.
y�
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 29
STATE AGENCY PERMITS FOR MINING FACILITY
As noted above, the Site is an active sand/gravel mining facility that holds permits
from the New York State Department of Environmental Conservation ("NYSDEC") as
well as the Adirondack Park Agency. (See Exhibit C, APA Permit; see Exhibit Q,
NYSDEC Mining Permit). The landowner is pursuing an amendment to its NYSDEC
permit to accommodate AT&T's Project. We will provide an update on the NYSDEC
permit process as it moves forward with the agency. The APA Permit will be amended
through the pending APA Permit application process.
SHOT CLOCK INFORMATION
The Federal Telecommunications Act of 1996 ("TCA") requires that municipalities must
act on any request to place, construct, or modify personal wireless service facilities
"within a reasonable period of time. . . taking into account the nature and scope of such
request." Pursuant to the FCC's Declaratory Ruling, In re Petition for Declaratory
Ruling, 24 F.C.C.R. 13994 (2009), ("Shot Clock Order"), the FCC has established certain
presumptively "reasonable times" beyond which a municipality's inaction on a
telecommunication application constitutes "a failure to act" under the TCA.3 With
respect to the Application, the "reasonable time"for action under the Shot Clock Order is 150
days. Notably, though, this does not include time that it takes for an applicant to
respond to a request for additional information if the local government notifies the
applicant within the first 30 days that its application is incomplete. See In re Petition for
Declaratory Ruling_, 24 F.C.C.R. at 14014-15, TT 52-53.
3 In 2013,the Supreme Court of the United States upheld the Shot Clock Order in City of Arlington v.
Federal Communications Commission,133 S. Ct. 1863 (2013),finding that the FCC has broad authority to
interpret the TCA. Thus,municipalities must take decisive action on wireless siting applications within
Shot Clock Order timeframes established by the FCC.
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Plam-ing Board September 15, 2015
Page 30
Here, the Application was submitted to the Town on July 24, 2015. Ten days later, the
Shot Clock was tolled when AT&T was notified via e-mail from Laura Moore, Town of
Queensbury Planner, (dated and received August 3, 2015) stating that additional
information was required. Upon receipt of this submission, the Shot Clock will resume
and the Town will have 20 days (or until October 6, 2015) to notify AT&T that
additional information is required and, once again, toll the Shot Clock. If it does not,
however, then the Town will have 140 days (or until February 3, 2016), pursuant to the
Shot Clock Order, to render its decision with respect to AT&T's Application.
Nonetheless, if the Planning Board requires additional information after October 6,
2015, AT&T will, of course, still provide any information reasonably requested, but the
150-day period will not be tolled. In order to accommodate the Planning Board in
meeting its obligations under the Shot Clock Order, AT&T will continue to work with
the Planning Board and stands ready to provide any necessary additional information
that the Planning Board may request and will appear at public meetings as necessary,
including any special meetings that may be necessary to comply with the Shock Clock
Order, until the Application is fully processed to a decision on or before the date the
Shot Clock expires.
CONCLUSION
For the foregoing reasons, AT&T respectfully submits that it is appropriate for the
Planning Board to issue site plan approval of AT&T's Application to permit AT&T
proceed with the Project. To that end, AT&T hereby respectfully requests the Planning
Board to schedule a public hearing in connection with AT&T's Application as soon as
possible.
r'77,77 J
Mr. Paul Schonewolf
Mr. Chris Hunsinger
Town of Queensbury Planning Board September 15, 2015
Page 31
Very truly yours,
Phillips Lytle LLP
By
Thomas F. Puchner
PTF/kbh
Enclosures
cc: Melissa.Semidey, Esq., AT&T Network (by e-mail only)
Patrick T. Fitzgerald, Esq., Phillips Lytle LLP (by e-mail only)
Adam S. Walters, Esq., Phillips Lytle LLP (by e-mail only)
David Ford, Centerline Communications (by e-mail only)
Doc#01-100792.1
Exhibit A
Site Plan Review Application
Review Process:
Applicant and/or agent shall meet with Zoning.Administrator to determine type of review needed
Pre-submission meeting with staff is required to determine general completeness of application materials (to
be held no later than 1 week prior to deadline submittal-Call (518) 761-8220 for an appointment).
Application submittal: one (1) original application package; one (1) deed and 14 copies of the application
package with the application fee*
Determination of application completeness and placement on an agenda
Planning Board meetings are generally the third & fourth Tuesday's of each month. You will be advised in
writing as to which meeting to attend:
Fallowing the meeting you will be provided with a copy of the resolution stating the Board's decision on your
application. If your application was approved; the next likely step is a Building Permit. If your application
was denied your project cannot proceed as submitted.
'Fee: $100.00 (0 to 10,000 sf);$250.00 (10,001 to 30,000:so, $500.00 (30,001 to 100,000 sf); $$1,000.00
(100,000+SO
Zoning Staff& Contact Information:
Craig Brown, Director of Planning, Zoning&Code Compliance craigb@queensbury.net
Laura Moore, Land Use Planner Imoore@queensbury:net
Pam Whiting, Office Specialist(518-761-8220) pamw@queensbury.net
Site Plait Review Revised March 2014 Z
Town of Queensbury Planning Office-742 Bay Road.Queensbury,NY 12804.518-761-8220
General Information
Section:279 Block: 1 Parcel:48
Tax Parcel ID:
MDR
Zoning District: ..... .�.......
Lot SIZ@:
9.38 acres
Current Use: industrial
Proposed USP.: wireless communications facility
Project Location: 1359 1359 Ridge Road,Queensbury,N
_.
Applicant Name New Cingular Wireless PCS,LLC Address: 2875 Union Rd,Suite 356
Cheektowaga,NY 14227
Home Phone N/A Cell: N/A
Work Phone 716-686-5431 Fax N/A
Mail: ms329va att.com
�.._. ...................
Agent's Name: (..enterline Communications c/o Address: 95 Ryan Drive,Suite 1,Raynham,MA
David Ford
Home Phone 508.821.6509 Cell: 508.821.6509
___.._._..•...._.. ._..... ......_.............
Vdork Phone 508.8'1,6509 Fax 508.819.3017
).~-mail dford�),clinellc.corn
Owner's Name: Kubricky Construction Corp Address 269 Ballard Road, Wilton,NY 12831
Home Phone N/A Cell N/A
Work Phone 508.821.6509 Fax N/A
E-mail N/A
Site Plan Review Revised March 2014 2
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804.518-761-8220
Site Development Data
Area/Type Existing sq.ft. Proposed Total sq.ft.
Additions ,ft.
A. Building footprint 0 240 240
w _ —___........
_
B. Detached Garage 0 0 0
C. Accessory Structure(s)
0 0 0
D. Paved,gravel or ether hard surfaced area � 2400
p 2400
E. Porches I Decks p 0 0
F. Other(i.e.boathouse,sundeck,etr,.) 0 0 0
G.Total Non-Permeable [Add A-Fj 0 2640 2640
H. Parcel Area [43,560 sq.ft.I acre] 408,649.10 408,649.10 408,649.10
_ .(..nf ....a� _ _ w_� e _
I. Percentage of._..__Impermeable Area of Site [l=GlH] 0 0.16% 0.16%
Setback Requirements
Area Required Existing Proposed
Front[1] 30 0 30
Front[2] 30 0 30
Shoreline 75� p N/A
Side Yard[1] 25 0 25
Side Yard{2]
75 0 `'5
Rear Yard[1] 30 0 30
Hear Yard[2.1 30 0 30
Travel Corridor 100 0 150
Height[max] 40 0 _ 130
Permeability
50°/, p Sp%
No. of'parking spaces 1 U 1
Site Plan Review Revised March 2414 3
Town of Queensbury Planning Office-742 Bay Road•Queensbury,NY 12804,518-761-8220
----- ------ --------- ------ - ..
Additional Project Information
NO
1. Will the proposal require a.Septic Variance from the Town Board of Health? .
2. if the parcel has previous.approvals, list application number(s). Variance Application(pending)
3. Does this project:requirecoverage under the NYS DEC Stormwater Pollution Prevention Program?
NO
TBD TBD(approx construction timeline=3 months)
4. Estimated project duration;. Start Date End Date
5. Estimated total cost of project:, $250,000.00
6. Total area of land disturbance for project;9,147.60 sq ft
Floor Area Ratio Worksheet
FLOOR AREA RATIO (FAR) --The relationship of'building size to,lot size,derived by dividing the total building
floor area by the lotsize in square feet,yielding a percentage.
Zoning District Symbol Floor Area Ratio [FAR]
Waterfront Residential WR 0.22
Commercial.Moderate I Commercial Intensive CM l Cl 0.3
Main Street MS 0.3
A. Thecombined area of all square footage, as,measurer from exterior walls of all structures on the property, including all
floors of the 'structures,. garages, basements and ,attics with ..more.than five (3) 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 ono :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 408,649.10 s ft.
B. Existing Floor Area 0.0 sq. ft.(see above:definition
C. Proposed Additional Floor Area 0.0 sq.ft.
D. Proposed Total Floor,Area. 656 sq. ft,
E. Total Allowable Floor Area 122.594.73 (Area::x .3 ) [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 March 201.4 4
Town of Queensbury Planning Office?742 Bay.Road•Queensbury;NY 128.014 518-761-8220
§ 179-9-080 Requirements for Site Plan AppprovaL The Planning Board shall not approve a Site Plan unless it
first determines that such site plan meets the following Standards. Please prepare responses to each of the following
topics.
STANDARDS
A. The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan.
B. The proposed project complies with all other requirements of this:Chapter,including the site plan review standards as set forth in Paragraph F
of this section,the dimensional,bulk,and density regulations of the zoning district in which it is proposed to be located(Article 3 and Table 1),
the applicable requirements of all other Articles that apply.
C. The site plan encourages pedestrian activity internally and,if practicable,to and from the site with pedestrian paths or sidewalks connected to
adjacent areas.
D. The site plan must conform to Chapter 136 Sewage and Sewage Disposal,Chapter 147 Stomiwater Management Local taw, and other
applicable local laws.
E. the proposed use shall be in harmony with the general purpose or intent of this Chapter,specifically taking into account the location,character
and size of the proposed use and the description and purpose of the district in which such use is proposed,the nature and intensity of the
activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on
supporting public services;and facilities which will follow the approval of the proposed use.
F. The establishment,maintenance and operation of the proposed use will not create public hazards from tragic,traffic congestion or the parking
of vehicles and/or equipment or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the
neighborhood onto the general welfare of the town_Traffic access and circulation,road intersections,,road and driveway widths,and traffic
controls will be adequate.
G. Off-street parking and loading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated by
the new use. The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers the
Town's goal of reducing curb cuts and reducing congestion.A twenty-foot wide connectionis required. If adjacent properties are either
undeveloped or previously developed without having made provision for future linkage,then a future connection must be identified and
provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the
applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties.
K The project shall not have an undue adverse impact upon the natural,scenic,aesthetic,ecological,wildlife,historic,recreational or open space
resources of the town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by the
project,taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project. In.
making the determination hereunder,the Planning Board shall consider those factors pertinent to the project contained in the development.
considerations set forth herein under§179-9.080 of this chapter;and in so doing,the Planning Board shall make a net overall evaluation of
the project in relation to the developmentob1ectives and general guidelines set forth in§179-9-080 of this Article.:
t. The provision for and arrangement of pedestrian traffic access and circulation,walkway structurm control of intersections with vehiculartraffio
and overall pedestrian convenience shall be safe and:adequate for pedestrian movement Pedestrian connections between adjacent sites
shall be provided to encourage pedestrian use.
J. Stormwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows,
Drainage of the site shall recharge ground water to the extent practical. Surface waters flowing off-site shall not degrade any streams or
adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter
147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable.
K. The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by Department
of Health regulations and Chapter 136 of the Town Code.
L. The adequacy,type and arrangement of trees;shrubs and other suitable plantings,landscaping and screening shall effectively provide a
visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation and
maintenance,including replacement of dead or deceased plants:
M. Fire lanes,emergency zones,and fire hydrants will be adequate and meet the needs and requirements of emergency service providers.
N. The design of structures,roadways and landscaping In.areas susceptible to ponding; flooding and/or erosion will minimize or avoid such
impacts to the maximum extent practicable.
0. The site plan conforms to the design standards,landscaping standards and performance,standards of this chapter.
Site Plan Review Revised March 2014
Town of Queensbury Planning Office-742 Bay Road-Queensbury,IVY 12804 518-761-8220
§779-9-050 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; T1 -T3
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 pian 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 T1-T3
appropriate,on standard 24"x 36'sheets,with continuation on 8th"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. TI-T3
D Name and address of the owner of record,developer,and seal of the engineer,architect,or landscape architect. If the applicant is not
the record owner,a letter of authorization shall be required from the owner T1
E The location and use of all existing and proposed structures within the property,including all dimensions of height and floor area,all T2-T4
exterior entrances,and all anticipated future additions and alterations.
E The location of all present and proposed public and private ways, off-street parking areas, drivewaysi outdoor storage areas,
T2-T3
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. T4-T5
l The location of all present and proposed utility systems including:
1. Sewage or septic system; TI -T3
2. water supply system;
3. Telephone,cable,and electrical systems; and
4. storm drainage system including existing and proposed drain fines,culverts,catch basins,headwalls,endwalls,hydrants,
manholes,and drainage males.
J Plans to prevent the pollution of surface or groundwater,erosion of soil both during and after construction, excessive runoff, and
flooding of other properties, as applicable. A Stormwater Pollution Prevention.Plan (SWPPP) for all land development activities N/A
(excluding agricultural activities)on the site that results In land disturbance of f-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
elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel.is within the 100- T2-T3
year floodplain,the area will be shown,and base flood elevations given. Areas shall be indicated within the proposed site and within
50 feet of the proposed sitek where soil removal or filling is required,showing the approximate volume in cubic yards.:
L A landscape plan showing all existing natural land features that mayinfiuence the design of the proposed use such as rock outcrops;
stands of trees,single trees.eight or more inches In diameter,forest cover,and water sources, and all proposed changes to these T2-T3
features Including sizes and types of plants. Water sources include ponds,lakes,wetlands and watercourses,aquifers,floodplain,
and drainage 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 T I-T3
overlay Districts that apply to the property.
Site Plan Review Revised March 2014 6
Town of Queensbury,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 she and within
100 feet of the site. The Planning Board may,at its discretion,require a detailed traffic study for targe 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 T1-T4
levels;
2. The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the
proposed use of the site;
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.,
O 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.; TI-T4
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.
P 1. Floor Pians. T2-T4
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 calculation%as needed to determine and mitigate project T1-T4
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("EAP'),as required by the SEQRA regulations,with Part 1 completed by the Applicant shall be
submitted as part of the application. If the proposed project requires a special use permit and an FAF has been.submitted in attached
conjunction with a special use permit application,a duplicate EAF is not required forthe.site plan application:,
U It an application is for a parcel or parcels on which more than oneuse is proposed,the applicant may submit a single application for
all such uses provided the proposed uses are accurately delineated on a site plan drawn pursuant to the requirements set forth N/A
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 flow the project proposed for review furthers or is consistent with the vision,goals and policies in the Brief
Town's Comprehensive Plan.
Site Plan Review Revised March 2014 7
Town of Queensbury Planning Office-742 Bay Road Queensbury,NY 12804.518-761-8220
Pre-Submission Conference FormJLSi+.04QJ
L _ _
279-1-48
1. Tax Map ID
2. Zoning Classification MDR
3. Table of Allowed Uses wireless telecommunications facility is subiect to Site Plan Review
4. Ordinance Section# Chapter 179; Article 5&9
S. Pre-Submission Meeting Notes;Outstanding Items To Be Addressed Include:
Deed x Yes No
General Information complete X Yes No
Site Development Data Complete X_Yes No
Setback Requirements Complete X Yes No
Additional Project Information Complete X Yes No
`coverage under DEC SWPPP Program Yes X No
FAR Worksheet complete Yes No
Standards addressed Yes No
Checklist fterns addressed ............ Yes No
Environmental Form completed Yes X No
Signature Page completed X Yes No
---—-------
....................... .............
*Aoalicant must orovide office.with Notice
Notice of Teninati�onN T
Staff Representative:
Applicant/Agent:
Date,
Site Plan Review Revised March 2014
Town of Queensbury Planning Office-742 Bay Road-Queensbury,NY 12804 518-761-8220
Signature Page
This page includes the 1.) Autheriaation to Act as Agent Form:2.) Engineering Fee Disclosure;3.)Authorization for Stte
Visits; 4.) Other Permit Responsibilities; 5.) Oficial Meeting Disclosure and 6.) Agreement to provide documentation
required.
OWNER'S AceNr Foafn:
Complete the following if the OWNER of the property is riot the saine as the applicant
Owncr: Kubricky Construction Corp
Designates: New Cingular Wireless PCS,LLC("AT&T")
As agent regarding: X Variance X Site Pian_____Subdivision
For Tax Map No.: 279_Section _1 -Block 48 Lot
Deed Reference: 593 Book 621 _Page 8115174 Date
OWNER SIGNATURE: ' x%r DATE. 7/1/15
APPLICAM's A(iiiNr FORM:
Complete the following it the APPLICANT is unable to attend the meeting or wishes to be represented by anolher party
Owner: New Cingular Wireless PCS,LLC
Designates' Phillips Lytle LLP&Centerline Conununications,LLC as counsel&agent for New Cingular Wireless PCS,LLC
As agent regarding: X -Variance__, X Site Plan Subdivision
For Taut Map No.: 279 _Section t Block 48 Lot
Deed Rotorence. 583 Prink 621 page 8/15/74 Date
APPLICANT SIGNATURE j�� ' 3'�s�r DATE= 7/1/15
2.) 1x4 O NdT �Cf Ci Applications may kers fnferred 0 the Tonin consulting engineer for review of septic,design,
storm draktaga, oto. as detarmined by the Zoning or planning vepa►birient. Feeg for engineering review services wilt be charged
directiy to the applicant, Fees for E nganeerin€1 feview will riot exceed$i,000 withoutnotification to the apphcanL
3.) 1 - By signing,this page and submitting the application materials attached herein,the Owner,
Applicant, and ti1sffta4their agenil(rr)hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
properties far the purpose of reviewing the application submitted.
4.) Tit t _, {j:_F _Q"PA1J= Other permits may be required for construction or alteration activity subsequent to approval
by the Zoning Roasrd or Plannkrg Board. It the applicant's rezponsibiAty to obtain any additional permits.
5.} itis the practice of doe Community Development Department to have a designated
stenograph record the proceedings of meetings resulting from application,and minutes transcrltred from those tapes constitutes
the official rBtGord of all proeseftrgiL
64 A091 ii It `Q F`i OY-1–e–U 3Cf, the undersigned, have thoroughly read and understand the
instructions for&&nfssion and aqi +a to the submission requirements,I aL*nowkdgo no construction activities shall be commenced
prier to Imiarica of a valld pffrrrtit. I unity fbat the applioallan, plans and supporting meleriafs are a etre and complete
slatarrienUclescriptlon of the resisting odmlttwe aid the work proposed,and that all work wool be performed in accordance with the
approved plans and In conformance with focal zoning negalmlons. I aciawMadge that poor to ooMying the faculties proposed,t or my
agents.will obtain a certiftate of occupancy as necessary. I at o urxisitstartd that lfwo may ba raquked to pn wlde an as-built survey by
a ltoen3ed land surveyor nt all ne+w"y norurtroctecl facilities prior to isstrance,of a c lie*1 occupancy,
I have read and agree to tha above. WW 0 1,,y Abp&
Sig$ t A, _ Print Name[Applicant Mitt s(gned -
, � � x David Ford
it ft tt re eno, Print Name[Agent] Date igrled
Site Plan Review Revised March 2014 9
'own or Cueensbury Plannkty Office-742 Bay Road Queensbury,NY 12804•519-761-8220
Exhibit B
Maket Upstate NY
Galt Sit@ Name-f uwisbwy East
Fined Asset Nunber 10570944
OPTION AND LEASE AGREEMENT
THIS OPTION AND LEASE AGREEMENT (""Agreement"),dated as of the latter of the signature
dates below(the"Effective Date"),is entered into by Kubricky Construction Corp. (formerly known as John
Kubricky and Sons, Inca a New York business corporation„having a mailing address of 269 Ballard Road,
Wilton,NY 12831 ("Landlord")and New Cingular Wireless PCS,LLC,a Delaware limited liability company,
having a mailing address of 12555 Cingular Way,Suite 1300,Alpharetta,GA 30004("Tenant").
BACKGROUND
Landlord owns or controls that certain plot,parcel or tract of land,together with all rights and privileges
arising in connection therewith, located at 1359 Ridge Road, Queensbury, in the County of Warren, State of
New York(collectively,the"Property"). Tenant desires to use a portion of the Property in connection with its
federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the
Property in accordance with this Agreement.
The parties agree as follows:
1. Q TION TO LEASE.
(a) Landlord grants to Tenant an option (the "Optioe)to lease a certain portion of the Property
containing approximately 10,000 square feet including the air space above such ground space for the placement
of Tenant's Communication Facility as described on attached Exhibit I(the"Premises').
/�, ? ��y,trunl�p��defineel Laelovc+ and` ri lire cza au °may,��m ; .Ten"fid ids __ ..
agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect,
examine,conduct soil borings,drainage testing,material sampling,radio frequency testing and other geological or
engineering tests or studies of the Property(collectively,the"Tests"),to apply for and obtain licenses,permits,
approvals,or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of
the Premises and include,without limitation,applications for zoning variances,zoning ordinances,amendments,
special use permits,and construction permits(collectively,the"Government Approvals"�,initiate the ordering
and/or scheduling of necessary utilities,and otherwise to do those things on the Property that,in the opinion of
Tenant, are necessary in Tenant's sole discretion to determine the pbyysicat condition of the property, the
environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the
Property for Tenant's Permitted Use,all at Tenant's sole cost and expense. Notwithstanding the foregoing,no
application for any change in the zoning or Landlord's permitted use of the Property shall be made except on the
prior written consent of the Landlord,which Landlord may withhold in its absolute discretion. Tenant will not be
liable to Landlord or any third party on account of any pre-emsting defect or condition on or with respect to the
Property,whether or not such defect or condition is disclosed by Teurartt's inspection. Tenant will restore the
Property to its condition as it existed at the commencement of the Option Tecta,reamable wear and tear and
casualty not caused by Tenant or its agents,employees or representatives,excepted, In addition„as set forth in
Section 9 herein, Tenant shall indemnify, defend and hold Landlord banzdess from and against any and all
injury,loss,damage or claims,including reasonable attorney's fees,arising out of Tenant's Tests or any other
use or activity by Tenant or its agents,employees or representatives on or in connection with the Ptopedy.
(C)
t
3. TERM.
i
i
i
i
S. A,PPRf�—VAX .
(a) Lwdlord agrees that Tenant's ability to use the Premises is contingent upon,the suitability of
the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all
v.3iw4-36=4
3
Government Approvals. Landlord authorims "Tenant to prepare, execute and tile, at Tenant's sole cost and
expense, all required applications to obtain Government Approvals for Tenant's Permitted Use under this
Agreement and agrees to reasonably assist Tenant,at no additional cost to Landlord,with such applications and
with obtaining and maintaining the Government Approvals.
(b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a
title insurance company of its choice and to have the property surveyed by a surveyor of its choice,at Tenant's
sole cost and expense.
(c) Tenant may also perform and obtain,at Tenant's sole cost and expense,soil borings,percolation
tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the
Property,necessary to determine if Tenant's use of the Premises will be compatible with Tenant's engineering
specifications, system, design, operations or Govemtent Approvals. Tenant shall provide Landlord with the
results of these tests and reports, subject to Landlord's execution of a standard form of confidentiality
agreement.
6. TERMINATION.
■
■
■
■
7. W—SRUMMMIL
■■
NYG*=WALwm
4
s
F
r
12. ACCESS. At all times throughout the Term of this Agreement,and at no additional charge to Ton.ant, �
Tenant and its employees,agents,and subcontractors,will have twenty-four(24)hour per day,seven(7)day per
week pedestrian and vehicular access(".Access")to and over the Property,from an open and improved public
road to the Premises, for the installation,maintenance and operation of the Communication.Facility and any
:...... utilities ervia . . gibed oze-fally in I:xhibrt andlord.-grsats-to-Teuantmn.:.
easement for such access and Landlord agrees to provide to Tenant such codes, keys and other instruments
necessary for such access at no additional cost to Tenant. Landlord acknowledges that in the event Tenant
cannot access the Premises, Tenant shall incur significant damage, If Landlord fails to provide the access
granted by this Section 12, such failure shall be a default under this Agreement. Upon Tenant's request,
Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter
granting Tenant access to the Property substantially in the form attached as Exhibit 12,upon Tenant's request,
and at Tenant's expense,Landlord shall execute additional letters during the Term.
13. E11Q iTA STOMA TIQN•
14. MAINTENAPtCElI7TlLTTlES.
(a)
v«moaaasaao ,
2rf oph.ped R,wm Ajroamaa
7
(c) Landlord hereby grants to any utility company providing utility services to Tenant an easement
over the Property, from an open and improved public road to the Premises, and upon the Premises, for the
purpose of constructing, operating and maintairting such lines wires, circuits, and conduits, associated
equipment cabinets and such appurtenances thereto,as such utility companies may from time to time require in
order to provide such services to the Premises. Location and routing of such services and use of non-leased
premises are subject to Landlord approval. Upon 'Tenant's or a utility company's request, Landlord will,
execute a separate recordable easement evidencing this grant,at no cost to Landlord or the public utility.
15. DEFAULT AND RIGHT TO CURE.
..................................
_,...... ..._4r...,_......... . .......
M
16 ASSIGNMENTiSUI3LEASE
1T. OTN ICES;
(a)
vats.4.1-10
a
NYaPMwALon Armwo
E 'E€F the: 'es have caused this A enient t«be efectRye as of the list d
tN 1t��'1'1�ESS�'R � ,." part► � ate
Written heli*.
kti.lR'!NDLVRfdt
ularict,y Construction 0 formerly known,as.John
Kubirlct o ,
By..:
Print Naina
•Date:, :�"". .fit iP°
Qrt? izt ul e, irr ess i' S,. t,0,
Dy:AW 96blllty,CgrpbFatier)
ztsiMan
By;
Print Ttar0e
�^
Date
maw
.13
TENANT ACKNOWLEDGEMENT
STA'T'E OF NEW YORK
COUNTY OF- . [�_
on the��day of � . an tE►e'j+a�r��before ittei the undersigned,personaiiy appearzd Gary
Weiss,personally krrowm t ar proved tb me on'the bets of satisfa�toay"et�id4ttee to.be the indi�ldual diose
name is subscribedto the vhthlh instrument and acknowIft ed to me. that he exaouted..tm same in-lis
is
authorized capacity, and that 6y his `gn the inati roent,,the indlvidua� or the person upon behalf of
lrich the individual acted,"a d ,.e stru►tiatrt
ftblic
Pcititeil. CMIS'IiNE.L PMOY
t 100yr pubk,8*5 o4'N6%Y York
'My..'CommissionExpiret:. �, �. Rep lar tlgrk&41ARCo44
Qt�i idd In Qnond*Cdk*,
Nf�Commhal<tri Explrea dulp 17,21l
LANDLORD A.cmwLEUGIENT
-
SAEOESit ...._... ... . . .
'onTyOp.
the dag o in the year Q ' bef6m me, the undersigned, personally '*Lettred
praas ally knowt>f-to me or proved io me on�the,bWa ot'satisfactory evidence to be the
iildtXndtiai�s, lease e(s) isate &A to theitthitt, tnatKiemcnt abel acknowledged to ine that,
te/shehbey, egeouted thO same,In his%lt; *heir*pgcity{ics), aid *t bj hiAer., uzotu*4 on, the
instrument; the individual(s), or the'person, upon behalf of'Which. the .ind!Wd'uW(s) 'actad, a 60ted they
instftrtir#tit
a ���� StJZAN iws; V
Printed acne; ��r'
:Ivlp Caznrr%ission Facpires: ,����;,,�� '
14
ra.�a'kmlb
k �
f
Made the day O
Nineteen Hundred and Eaventy-four tn
ai R tS Tt C&�&iktL1
KUBIaCKY and DOROTHY A, XUDRICPKV, his wife, t
both presently residing at R. D, 1, Hewitt load, Town C4
s
4, of Queensbury, Warren County, Now Year
V" part les Of the ftrat part, and
JOHN XUBRICKY & SONS, IVC., a domestic corporation
" having its principal place of business at Bay Street,
Tom of Qoeonzsbury, Warren County, New York
party at the second part,
1earexaarI4 that the paTli s rrf tho,& part, In,Don iderar.cion �f
taasri41 atxa ney of the f deed 4Steateajarad other good and valuable consideration
d by tete part y of the second part,do horeby rant and rstsa$o tanto the"
part y Off, 6 8000Y4 port, its heirs arta iaaeC rn forever,
THAT TRACT OR PARC:M O as situate in U*ia Town of QusonBbury,,
warren county, New 'fork, bounded'and described as followst
BEGINNING at a anoint in the center of the highway leading from,
t Glen$ Falls is 'Zest Dake Georget running thence westerly along
the southerly line of lands owned by John D. Hubbell to lands owaxed
by John Moynihana running thence southerly along the easterly
side of lands owned by John Koynibah, to lands now or fokiaerly
aced by Daniel Cronin; running thence easterly along the northerly,
side of lands now or formerly awned by said Cronin to canter of
the above mentioned highway; thence: northerly along the center of
said highway to the place of beginning.
µa
EXCOPting from the above described promisees a certain piece of
band conveyed by Henry E. Harris and wife to the County of WArren
for highway purposes by deed dated se tasmber 15, 19807 and re_.
corded in the Warren County Cl,erk'z Office on September 22, 1930
in Book 184.of Deeds at page 147.
e,ing the same premises conveyed by Rachel Kubricky t Richard
r' J. kubricky and Dorothy A. Kubricky by deed dated i. .14 i
and r corde d in the Warren Pounty'Clerk."s Office on
.in at gags„ „ N
a ,
ft
�h
TRANSE NEW YORK
J iabp7,gi ACtCt4 R' ^. c 'c6
w
f
With idea app€artenonoes and recti telae astute egad ri hts of the part 106
oO
f the first part to an4 to said pranztses,
0 We erb to 44b the praarnises herein franedd unr a the part Joe at tdta
a acond part, their heist
and axssi ne forever,
s tai patties aaf the fiat part
covenant as fardia sr
ng, That the pardea of the seeaaxd part shall quietly enjoy the ea lel prsmfe#*d
rr anh, That laid patties of the first port
$ zzM forever the trite to said premiess. �
4 to That,to Compliance with Sec.del of the Viten,Taw, the ranrorg Witt o
i Passive the consideration for tints conveyance and until chard tho rigeht to reaetiae ea4oh,
ae+nsiaietax n as a Lru t/und to be appited jtret fear the purpost tai at inst the cast of,
the bmprovement and will oppliy the satrat fires to tine paaiy excret of the castof ttaa
lmprtateeracent before usinj any/part of the total of the same fear any other pszrpoie.
9 SHAM N4=4 the pant ies of t1is d2rst part ha vs, horounto seat their
hand a and seams the dray and year first above written;
Zn Past=of
€t 6�"Itrt _
r
V ROT A. MRICKY
owt NM lad r thee,(banig day of Augus t
'
Mnetoan Hundred and Sa venty-four_
befara ma, the subavrib r,poeso Tat dt appeared
red
RICHARD J. =RICKY AND DOROTHY A, MJBRICKY
to rrts peraaanatt wn sad nasu tra ma to ha ddza came fssa sa�rz a� e cart tat drs a
( hoentad the 4t in, Instrument, and t he y have aaknouded ed
to nate that the y executed the same,
Notary Public
Y
F£ y g p e
a a : .
,< sr:t03 g .,:
a
Exhibit C