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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. 7,,71 „ 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. 777771 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