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Application and Supporting Materials 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 hjtR�r Porn APA 6,1 January 1979 ADIRONDACK PABX AGENCY ' ` most Office tax,9S ?2Z pN tie Ray Drookr New `fork 12977 g•q $,`!� (S18) 891-40SO to&.. �p 1Nil;x�hlei' t r h`�tiNTl.itClt�'�` iR aiAARI. i kw, ` i Project No. 79-Y15 �Nlih 1 e ...` Permit No, P79-244 Data of, Issuance Sept: 18, 137Y S a pROJECT ,UNIT PURSUANT TO SECTION 809 OR THE AbIRONDACX PARK KGIINCY,ACT (ARTICLE 27 OF `THE.NEW YORK STATE EXTCUTIyli`LAIR)°ANDISA SECTION 514.13 OP AGENCY RULES AND RESTIT ATTONS (4.NYCRR PART S14) VIITH UIR,OXAPI!RO!!AL } JIMPORATED BY REFEMKI a a, � 'e• k I. PERMIT.ISSUED 'TO: r Name 4 Address o€ Project S-onsor; Name 4 Address of Anthori'sid,Reprastntati:Ye, Johfr Xubricky & Sona. Tac, tom. L.$. ;ltub�jcky', Prat,• } 237 Bay Street, 237 B Street t Galena Falls, NY 12901 Glans 448, NY 128p1 it. NAME AND LOCATION OF PROJECT; : A. Name of Project: Expansion tan# &,Gravel 14ract0ift E. b. Location of'Project; varren:-,Quaaaabuxy t t ` III.` DESCRIPTION OF PROJECT: The project is described in the attached otd'eV.` All det'ails•conceraing " the project authorized by this permit *to c4ntathld in the pToett tilt i of the same,uuxber•at the ,Adirondack Park A4ency htudq�tarto�s 0vin Ra.P i Arook', Nei► York. IY. , AUTNOIiI TION, The project Sponsor I hef; .by authorised tq undertake ! .a ove-nnw Bred pproj,4ct in accordanto wi• and•pursuant to tlia taMo and eonditians,of the Agency Arden attached hoxttb and ikadt a pdrt here- of. .and this ptraxit iteing void in all rtspo$ts if such°Ordo,'Is not: attached htrato.•i 'THIS PERMIT SHALL EXPIRE WITHIN SIXTY DAYS FRbM TH3 DATR00,ISSUANCI UNLESS Y WITHIN SUCH°SIXTY-DAY PERIOD THE.ORI6f,NAL,piRICIT CWITH ATTACBIID.ORDER)� IS DULY RECORDED IN THE OPFICE.OF THE CLERT OF THE.COUNTY 14HER$IN THE PROJECT IS TO BE LOCATED. IN ORDER FOR THE PERMIT TO It RECORDED •IN 'THE COUNTY RLW°'`S y OFFICE, THE PROJECT SPONSOR MUST TENDO TO THE' 9y0UM CLERK THE POLLQ1�INGi:FIBS` PURSUANT TO GPLR SECTION,8021 AT THE TIME OF RECORDING; ONI D UAR Ali IN, ADDITION THEREYO IMM bOLLARS POI, EACH,PAGE dR PORTtOM P A I►AG8 OP %3, .PERMIT AND ANY A'�'TA76"MINT-1 HERETO. L OF TME P lO4 TV"f " '1 2 RIITUon. To THE PROJECT SP STATE-OF NEW YORK) ARIM fP QD1GaY A ; r at; t ICOUN7'Y OF ISSEX ' On this 18th day.ot S'ept., 1979, before me, i is subscribers personally appeared. > id E. )Wnehr' As personally jaioxn and Uaiwu to at to V, be the•a*me person dtscriTM in`and who Uorut# the within instrument, and he ga oule4ed to as that die executed the time nqwry FUDL&C f_, ;•,: ; 77- ••{ ' � �atauary �.9T9i . . • . ` t prov�l by Di r e , tar oS ; fly''�`` � � •c3perations of Projeatsl a, `' � 1 . ia, , '�'• SPAT& �' 21031MY DS1S1� ' t 1'n the'14atter oFaChe Appliaation'4F = i r John Kubri6ky & Sons, Inc, ' ! 237 Say Stvaet 0- 'Clans 'Glans Falls, BY 11801 1!rajjiot No,,T.9-214 G f?raject Spansor(s),. ,. r t?` P'ac a Permit Pursuant to section 809' of the Adirondack Park Agency Ani. ~? Ali application having been,Midi on 'Tuna 22, 171 by'the Project aponsor(s) For approval at, and isauanae at an Adirondack Park Ageaey .permit authorl�cing, t,Uses'S Ngianal Prof eat'consisting of ;• • I the.expansion by tnara than 139E of aa, exizetift'•c weraia'7, 04041azid,gravel,,,` extragtiola locatediu,an`axea alaseflad,as.Moderato Iz►tensityr use on the`, f Official Adiroadaok$ark Lund Use an$ Aevaldptant Plat Map and the "ay having an' . July 23, 1979 project, aponsor(s) that, thekapplicotlad and s6ch additional f�formation as It , required, was complete,`.and,All legally required Hot alee of Application Coaiplgtia�f having bean,duly provided and'timoly appor Mikity. to.'00#psnt on the projeai bsljnf•beeo affbrded all those entitlet tliarato,.',,•: `. and the appliaition having zseaniar£ly come:on for consideration before the',';. , t Agencya Director of 00otitions purstsht to the autho+it deiegated to ' • MA,by a resolktion of the Agency dated•ftvombar 241: 197..5, and:oUrauant coo Secti6sT 803' of the Adirondack Park,Agency Plot, and{tbe Atom having g received advisory comments regarding the proj*eot as i' llowe:, a July 3b, 1974 iett*v from the uafdd sa Qbunty Pl �Board., 11bW, upon the appiicat ah and ailL matefrlals rRlat,ed thereto contained in the pro Seat application file, and du# de>iboratipn havftr►g k been'had thereupon-,. the Following findings of Pact ark bsreby -mala and, ,if , •S.y at�' ASL` ,v�� Y :e'• < �., , ^51�..AAI.iCdhaC•ea"t+4N,.�Fc+':.T•�� CS.@`:T,.�!' `.�>, ,x av,:.y »r �oa,K'�'".x, zar1,.•�r, ^�^ 2` 4. t ••4,\. \V '•"tl'?.a+nt„aa i:. .J+riAi�P:++!,t5w`F ��' M~7.w The project sponsor proposes to expand an existing sand and,., Zo E' gra%Fsl extraction, located an the wast' side of NYS Raute 9'T, ." fRS,ds[a Road).i.ia tha Town of•.Qusensbury� Warren County, in 'an area rlasatfted as *adaxata Intgnsity use an Jake Official (€ Adirondack park Land Use and.Development Flan Map. The site is IOC•.acres is site. The existing'disturbed sufaga area as: of August 1, 1979, is .,3+ bar". The project sponsor ptopov4s , to disturb an. additional soros, for g total of 8 t acrm:, or'mors than 1St of area previously distu;bod. ,The project + sponsor will be extracting approximately 1'.60.000 cubic yards 4i of sand and gravel.. t ", ` A.• The pitoposed operation will be 7:00 -M, to. s,00 p.m. Monday t tbru rriday during the period from,,July tdiSeptembes. The operation will involve an astimated 5, tr46k trips per,.day. •` " , ,i •' AAF , rugiti,ve 41Wt %rill be rontkgUed W,, coveri.'ng``the trucks when tba loads am above the ,aids boards aAd by utilising wator,truokt,oa site. i. 4. The project, sponsor,proposed to minimi:% the visual impaat by retaining a 10' strip of vegetation Along;the property lines., s. In addition the existing vegetated berm bGtW4kan the site ar�d 3 Now York Routs 9L will be maintained. S. 'Site zaeliaation, as siv6" on a map entitled "Reclamation Plan Nap, Joba RUbricky a acne," dated June 1, `;1979, submitted with We-project ipipiioation, to proposed to includes a} stxippinsof top sail from the diiiwcned area,and stook {. piling it' for use in reclamation. �. `� b) rograda the mace of $lopes to 111.9 o) ,bring the mina'floor to the same *1414WA as' Ridge.Road i s •(lQew hock ROut4.9L)•, i d) lima and tortiili:sr will be applied `t thi aparoximate 3•ata of 40 powds Of ni.txogari and 40apounds o8 phosphovs %ind 40 pounds of potash per &art. a) siading, 4g romeAded.by Coopsratise Rxtansion, Will,be 3-4.povr a of tistathX and 5-8:poundrrot bzoma grass per acre. 4 fi &. The Owner o! Record of the lands 'involved is John liubricky;and. € sons, Inc. 2. The lands involved in the pro act ora "a Or �► a dead dated ' I Avast 13, 1974 from Richard J.`rubric7eyr and Aorotby'A. ttubrieW. t to John Rub 'arid Sopa. Ina. Reoardad,in tna�aaxzen County Clarkkn Office Ubtr $13 at page 611a at toare* � na,strsb", ponds, lakes or %raClands within 500 teen F.: Tha•sits adjoins New York Route 9L. Thi uses in xb� area o! Anclude residential an buy WA fill aind other sand ondgravi, pitsstota,, thi pupanx�� # - f l,,+Moa,. • a t ' ' . ...N. . ..., , !•"4 `4 .Y' d. �< y, 1 tt a5, y•. � t Sa t t L ..AK t- !k < x `Y, ,,. . ..yn f t �', .3� �,,� 3 � tf p'+'� t� �1t of • .n.,.�ap+.e*a. ,.xr.r.•qa^..vw...+Ja�pr..�w<*n�w•+<,+s+.xvte,..<....«...... ,....t. uvxN?•;)#y CONSIDMD,the above findings of;,Pact, the follawin% t� 1Aoonuliisiana of law sus hereby made and adopted.: ? The'Oro4aot 4ould be conaia.tent with the Plen, .And coMpatible Vith the character desoription end purposes: Policies and 6b3ectivae at, tbe'lknd use•area involved. a. The,pr.03ect'WoUid be consistent with.ths overall intensity guidailhes ?; for the, land use area in whichit is 10c036 . 1. Vhe pproject 'Would comply With the'applicable shor4irie IzQatrictions'of aeotion 806 at the Adirondack Park Agency Act. [ k b.. ``Trig'projidt voUd tint, have &4 undue *d"rAj Izpact..,,pUrauan� to }( . .j , Section 8og(10e') of thd�'Ad�rondaoi t�xk pnoy Apo„ !, •t. t , ,l °.i`1,,5..•.,� .., •`l _ 'R* TMVOR8, Upon al3'of the foregoing•puricant�to trim,stars-. "10delegation or hut4ority &Wpursuant,to Sootion 803 of the Adtrordack Yark Agency Act, it ,te { , s"k ORASRRD` triad•subject to-the $bregoins, the Pr Veo'V is,Fapproved, •'�5 5 end,it Is �Cye t ... ...,�°""T"�•'"a"r„'^^p`•sr•. ^<e��....,Z..�:+cwvn•..,,v,.,.F.a,,,.r5v:,,...,� 0. '• •.� °� >' c, F t +5'" 7i ° 9�« Sty�ttv�'��`, �t„t,14'�'�t•;: �',1.�\ }�° � , b`.: "i' l'F >+5a f t� t5i♦ J• ' l ',ta.a .� >,d• `i t ! ,. , ..., . '1 t ..iyl`�` 6.q1.� i 1 9 Ott+.ir is�l5igytwl�,F, f•Y'�Y1\ :�•,i_ <,f F •.� t •y , ,,, ,.cv: ,, m•,,..,..._..... _....r«...,,,«a..py.,...a�rq,r,s, E 'voRTHM ORDERO, that a pormit be issued and iubj eot to the 'roliQuing conditlons:. , 1: This perait agthorixes the expahsion of,ills qo=oarcial sand and c i gravel extraction described in tbta project sponsor's applination: and the Findings of Fact contained herei�i,. 2.. The sponsorshall undertake the.project in accordance with the E information:and plans submitted with his'Apcption fa r Pxojeeit P ltmmiit. My further extlansion at disturbed,surface area shalt be subject to prior Agency review and.approval, 3. The bora 'along'Raw. York,Routs 47�shall b¢ maintainad. 4. The reolomatiop plan as described herein shall bo unde;taken within one growing season,attar the.ccoplotion ofd the operstiop. Tn addition to,the'reolamation plans described in Vinding of tact No. 5, the side slopes shall not exoaad L2., 11 54 withip 15 days of the completion of the` 0s reelamatioh work, the Y project sponsor shoal give imitteu notice'to the Diractor of Operations ' of the Adarondaple park Agency informing hi# that.send reclamation wgrk has been complatad.• . ; r�.i v ``� :� t t � tf i �l, ,��1:,, fi.. ..'. .�a.k est',. �•. 4`Y' . ' e e t. µr6 ,, • 't ,' con4aiiad in .hie percA'. shall he con&trubd Co aetisty ohlip iSi s a the project zpdn or%aa Co ubtaSn anJ , gator K_rnsal approval or peralt from any tint--ti other' than. the Adlron(410 Park-Asency,'Whether rederal, State, regional or local, kk YS' the.pres jet dmthorited heee4y to not, in ex,,iutencs wiVdn 'Iwo f years of the date of recordation hereof,, the project mai« not' softer be undertaken or continued unluaa a new a9pr14ral and `^ permit is from ane!-$ranted by 'the Adiroddack�`Part Agency.45� � Al2 aatletitias in connection with,the Project authorised hereby must oom;kly with all applicable 'shoreline restrictions contained in Section 906 of the Adirondack aa►rk,Agency Act•. Unless `tbt project• authorised hereby ,in subjeob to the subdivision' 'ieview and'approval Jurisdiation•or the New Cork State Department 1 F " or' Realty or a County Department of Health• alb on;Oitr sewage € •' disposal syst;ms sha11'oozifgrm to the standards at forth in ; "Waste Treatment Handbook, Individual Household Sysiems," and ali• doaestio water supplx systems shall conform to the standards• set'forth in,"Rural,Nater Supply;" bQth'bein; publigations or the,'Hew, York.State,Department of Health. ? t: The Adirpndack bark Agency,, its start and a;enta`•ma conduct such on-site investigations, examinations, teats' an,> e"alyations 'tram tine-t0=time is it deems necessity to ensure oeisplihnce• t with the terms and conditions hereof., i}nl`ess apprpved by'the Agenoy in advances any dawthtlon from. the terms and conditions hereof shall render this •parmi§ null and ' �:•;!;• `void,:rascindi:n; all authorization to undertake or- dentine the 'project. At the request or theR'Adirondack'Park Agctay,, the proieat { sponsorCsl Shall report=in writing the statue! o`r the(pra3eot, f ,;•; including details of compliance with any terms and conditions r The terms and,conditions hereof shall bei ,binding.upon the heirs, aubcessors,, personal repreaentativea and assigns of tha Vroj ot, , spon;,Qr[s]; the exerdise dr any and all rights emaisating or .. deriving from this permit by .the project sponsorCa] br by any Y: ''transferte,^or any right: or rights shall be, subject to the per£ormance;o£ all related)affirmative obligations Imposed hereby.`. ` ` ? Any future land use cr development br` subdiftsion of!;land upon ry; the project site not expressly.authorized hereby maybe subject j to the independent Adirondack Park Agency reyiew shdtis in no f respect a4ttOriRed by this parsniti. No advertisement 'or other promotion for the project aiithorited^ ' bei icy shall mistepx!esent the terms or eanditiona ofY•appreaal r' contained herein, nor shall any, advertisement or other promotion.• i i„ c'aneain any £alae' or mi;altiating statement or any�matorlal. om:.ssion :with respect to the terms and conditions beseor. i A01-RO 'PARI) Aoim fly " Die:aoto9r p8 OptX filfeas A•°' i ,ORDER isauad`this, 19tfe. day # .%«•:.:' ,•' of, Saptembar, 1979` Ras kook. , t• ° :'3'^` at R a ',• , New•York.. •,�' '�tttwrp,wrtw• ___ _.ter---a e.�"TT�'�...,"'G,"t-.�.^r•��.. e � �z"L'rr:e•'s,�?t"."!.'r.iH;'v t {+ • .. f 11�. -) ty`�r",,� tt="ri'•.�5,t��µ� �����,�+;,.kr'tl.=,us aM,.. ., .. Exhibit D REFERENCE COPY This is not an official FCC license.It is a record of public,information contained in the FCC's licensing database on the date that this reference copy was generated.In cases;where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC„license. , cad `Federal Communications Commission r Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: NEW,CIN6ULA1 1Ti1UiELESS PCS,LLC Call Sign-T-iiiIeNumber KNKA738 ATTN:REGINALD YOUNmfd9,, Radio Service NEW CINGULAR W1R1 LS#kSt L C CL-Cellular 2200 N.GREENVILLE A 1Vt z RICHARDSON,TX 75082 `4 '° y 1 Market Num er Channel Block CMA266 A Sub-Market Designator FCC Registration Number(FRN): 000329'). ': 0 Market NameN. : Glens Falls,NY ? Grant Date Effective Date Date Date Five Yr Build-Out Date Print Date 08-19-2008 11-24-2012 10 0 218 Site Information: Location Latitude Longitude Gro>id Elevl n Structure Hgt to Tip Antenna Structure (met { r (meters) Registration No. 2 43-20-04.2 N 073-20-16.5 W 378.3 'n ,°33.8 Address: 1275 BTG BIRCH HILL ROAD City:GRANVILLE County:WASHINGTON State:NY Co "tr; eadline: Antenna: 1 Azimuth(from true north) 0 45 90 lit 180 225 270 315 Antenna Height AAT(meters) 226.500 260.700 154.900 117.100 Ci " _ 6.700 300.900 301.300 Transmitting ERP(watts) 111.799 336.518 260.755 29.264 w 13 0.674 9.087 Antenna:2 Azimuth(from true north) 0 45 90 135 1 270 315 ,. . Antenna IIeight AAT(meters) 226.500 260.700 154.900 117.100 0 176.700 300.900 301.300 Transmitting ERP(watts) 0.765 1.241 22.273 187.645 35 3 8 ,76 8.119 1.560 Antenna:3 Azimuth(from true north) 0 45 90 135 180 f'is", ,4% 270 315 v Antenna Height AAT(meters) 226.500 260.700 154.900 117.100 162 10 l76 300,900 301.300 Transmitting ERP(watts) 76.553 3.390 0.780 0.724 3,933 � 1 X67.877 331.795 ' x , Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C.§309(h),this license is suNeither o �following conditions: This license shall not vest in the licensee any right to operate the station nor 4 "dl the frequencies designated in the license beyond the term thereof nor in any other manner than authoriz the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. §310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C.§606. FCC 601-C Page 1 of 5 August 2007 Licensee Name: NEW CINGULAR WIRELESS PCS,LLC Call Sign:KNKA738i File Number: Print Date: t s Location Latitude' Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 3 43-25-k2;' N 073-45-28.0 W 642.5 36.6 Address: 1988 PPECT MOUNTAIN PARKWAY 3., City:LAKE GEORGE j Courity:WARREN State:NY Construction Deadline: Antenna: 1 Azimuth(fxom fttta Borth) 45 90 135 180 225 270 315 Antenna Height AAT(m`eter'`s) 3Sr300 524.700 497.100 521.400 316.300 334.900 316.300 299.100 Transmitting ERP(watts)„ ;`•, 17.138 1.382 6.776 8.152 3.093 0.234 0.100 0.099 Antenna:2 Azimuth(from true north)t „ 45 90 135 180 225 270 315 Antenna Height AAT(meters) M`.380,b0 524.700 497.100 521.400 316.300 334.900 316.300 299.100 Transmitting ERP(watts) 32.448 5.231 0.112 2.817 30.551 39.666 49.451 Location Latitude Longitpt Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 5 43-04-59.4 N 073-23-24.5 fir; 'r 595.3 38.4 Address:98 FIRE TOWER ROAD City:CAMBRIDGE County:WASHINGTON Mate NY Construction Deadline: Antenna:1 Azimuth(from true north) 0 135 180 225 270 315 Antenna Height AAT(meters) 226.500 147 200 1 :5`00 147.300 253.600 196.900 287.100 257.800 Transmitting ERP(watts) 98.297 306 463 24316 24.876 1.908 0.639 0.600 8.072 Antenna:2 Azimuth(from true north) 0 45 4 905 180 225 270 315 Antenna Height AAT(meters) 226.500 142.200f 500 1}7.300 253.600 196.900 287.100 257.800 Transmitting ERP(watts) 0.422 0.712 12� 2`x 102 X66 198.255 85.415 4.560 0.875 Antenna:3 Azimuth(from true north) 0 45 90 180 225 270 315 Antenna Height AAT(meters) 226.500 142.200 123.5014`/ 00 253.600 196.900 287.100 257.800 Transmitting ERP(watts) 66.774 3.116 0.669 ' 3.455 48.256 238.039 294.658 Location Latitude Longitude Ground Elevation Stru� Tip Antenna Structure (meters) (m y. Registration No. 6 43-40-20.3 N 074-02-57.4 W 1090.6 Address:360 GORE MOUNTAIN ROAD City:Johnsburg County:WARREN State:NY Construction Deadline z A.4 Antenna: 1 Azimuth(from true north) 0 45 90 135 1.80 ; SLS` ':: 270 315 Antenna Height AAT(meters) 633.900 705.800 737.100 696.200 477.4 481.. 483.100 493.500 Transmitting ERP(watts) 17.700 133.929 255.915 142.023 25,912' * ,; 027 0.537 FCC 601-C Page 2 of 5 August 2007 y Licensee Name: NEW CINGULAR WIRELESS PCS,LLC Call Sign:KNKA78 '.; File Number: Print Date: ' � Location;>��1tu�e.�, �' Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 9 43-01 12 31� 073-31-20.6 W 422.1 46.0 1237380 Address: 771N1)1VALE�2pAD City:GREE ;WASHINGTON State:NY Construction Deadline: 11-23-2011 Antenna: 1 Azimuth tfrom tru@:north) ,•0 45 90 135 180 225 270 315 1� 1 (meters) 31+D400 242.900 209.700 269.200 290.400 389.600 365.900 386.600 Antenna Height AAT Transmitting ERP(watts) X3.]25 78.389 60.821 6.879 0.839 0.163 0.158 2.708 Antenna:2 Azimuth(from true north 0 45 90 135 180 225 270 315 r• Antenna Height AAT(meters) 31Q00 242.900 209.700 269.200 290.400 389.600 365.900 386.600 sa 1) 8 gr�0.200 5.186 40.475 84.661 35.951 3.084 0.398 Transmitting ERP(watts) . � , Antenna:3 Azimuth(from true north) 0t' 2'425f 90 135 180 225 270 315 Antenna Height AAT(meters) = 400 .900 209.700 269.200 290.400 389.600 365.900 386.600 Transmitting ERP(watts) 17.8 23 0.225 0.264 1.143 11.413 61.204 79,191 01 ;r x Location Latitude Longitude ,,5Zround Elevation Structure Hgt to Tip Antenna Structure (M,61�rs) (meters) Registration No. 10 43-11-12.0 N 073-29-03.8 W 79.6 1267508 Address:28 Coach Road I. City:Argyle County:WASHINGTON State NY ,C11Vttstruction Deadline: 11-23-2011 5 180 228 270 315 Antenna: 1 Azimuth(from true north) 0 45 x Antenna Height AAT(meters) 167.300 46.900 700 .300 114.500 180.600 193.700 190.800 Transmitting ERP(watts) 109.812 354.6822412 30 7 2.167 0.686 0.674 10.974 � Antenna:2 Azimuth(from true north) 0 45 90 �, 180 225 270 315 ,f. Antenna Height AAT(meters) 167.300 46.900 79.100 �;69OQk 114.500 180.600 193.700 190.800 Transmitting ERP(watts) 0.750 0.782 24.106357.608 145.888 10.397 1.052 Antenna:3 Azimuth(from true north) 0 45 90 135 180 ..,; „ : 225 270 315 Antenna Height AAT(meters) 167.300 46.900 79.100 69.300 m �}50(fi .600 193.700 190.800 41 .„ Transmitting ERP(watts) 72.292 4.649 0.658 0.657 '3'674 96 273.238 325.616 tea: PA r.k FCC 601-C Page 3 of 5 August 2007 ----- i Licensee Name: NEW LINGULAR WIRELESS PCS,LLC Call Sign:KNKA73$4,,,t', File Number: Print Date: { v}g Location LatitudC` 7;; Longitude Ground Elevation Structure Hgt to Tip Antenna Structure >" Y (meters) (meters) Registration No. 12 43-16 01,9 N'' 073-20-51.1 W 393.8 60.7 Address:433 M ht City:Hebron CountyAS)TINGTON State:NY Construction Deadline: Antenna; 1 Azimuth'lom tie norti) O m 45 90 135 180 225 270 315 Antenna Height AAT(meters) 190100 199.900 85.500 134.800 276.400 267.500 304.000 288.300 Transmitting ERP(watts) iWA21.529 363.925 287.051 31.763 2.359 0.772 0.739 12.025 Antenna:2 Azimuth(from trCe no� a�O 45 90 135 180 225 270 315 4f' v Antenna Height AAT(meters) 190,00 199.900 85.500 134.800 276.400 267.500 304.000 288.300 Transmitting ERP(watts) ORB 0.802 27.560 195.960 388.424 163.521 11.439 1.164 Antenna:3 Azimuth(from true north)"0 x";RS 90 135 180 225 270 315 Antenna Height AAT(meters) Iibb0 X99.900 85.500 134.800 276.400 267.500 304.000 288.300 Transmitting ERP(watts) 81.280 0.797 . 0.699 3.988 61.119 298.925 358.371 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure ` mes) (meters) Registration No. 13 43-44-44.7 N 073-31-12.2 W263 2x 33.5 1274304 Address:68 Decker Hill Road � 1j 2 City:Hague County:WARREN State:NY ConstrF Gtl6 Deadline: Antenna: 1 Azimuth(from true north) 0 45 9�1s. Lh 35 180 225 270 315 Antenna Height AAT(meters) 30.000 188.800 1000 Ali1600 30.000 30.000 30.000 30.000 Transmitting ERP(watts) 354.678 386.644 91402-?, 5 45-7 0.988 0.833 4.680 70.243 Antenna:2 Azimuth(from true north) 0 45 90 t 180 225 270 315 Antenna Height AAT(meters) 30,000 188.800 142.00 1 Q? 30.000 30.000 30.000 30.000 Transmitting ERP(watts) 0.881 13.403 137.255 q 354.041 37.209 2.783 0.897 Antenna:3 Azimuth(from true north) 0 45 90 135 180 1 225 270 315 Antenna Height AAT(meters) 30.000 188.800 142.000 153.600 000 30.000 30.000 Transmitting ERP(watts) 13,675 1.222 0.945 0.930 $ ' y.956 x670 '456.789 190.257 Control Points: Control Pt.No.1 k , Address:99 Washington Ave ' City:Albany County: State:NY Telephone Number:(518)449-7216 �) �xM L ' FCC 601-C Page 4 of 5 August 2007 Licensee Name: NEW CINGULAR WIRELESS PCS,LLC Call Sign:KNKA738 ; File Number: Print Date: Waivers/C� drt�ons THIS AU SUBJECT SUBJECT TO THE CONDITION THAT,IN THE EVENT THAT CELLULAR SYSTEMS USING THE SA1FiF1UENCY BLOCK AS GRANTED HEREIN ARE AUTHORIZED IN ADJACENT TERRITORY IN CANADA,COQDINA 1 ©I(OF ANY OF THE LICENSEE'S TRANSMITTER INSTALLATIONS WHICHARE WITHIN 45 MILES OF THE LI ' A BORDER SHALL BE REQUIRED TO ELIMINATE ANY HARMFUL INTERFERENCE "A OTHERWISE EXIST AND TO INSURE CONTINUANCE OF EQUAL ACCESS TO THE FREQUENCY BLOB B If3I.�JTRIES. �r N The Cellular Geographic Seiric`Area;y'of the following cellular systems have been combined(listed by callsign):KNKA263, KNKA738,KNKA294 KTKA317,KNKN856,KNKN827,KNKA210. KI� 468, , 'r l Commission approval of this appltcahcp afttthe licenses contained therein are subject to the conditions set forth in the Memorandum Opinion and Order adopfeG#' n December 29,2006 and released on March 26,2007,and revised in the Order on Reconsideration,adopted and releasetlon M�rch`26,2007.See AT&T Inc.and BellSouth Corporation Application for Transfer of Control,WC Docket No.06-74,Memaraltilm t pinion and Order,FCC 06-189(rel.Mar.26,2007);AT&T Inc.and BellSouth Corporation,WC Docket No"406'74,Order on Reconsideration,FCC 07-44(rel.Mar.26,2007). The action taken with respect to Application#1)Q0402 ;$does not preclude or prejudice any potential enforcement action regarding this Application,and does not constitute r of any of the Commission's rules with respect to this Application. The action taken with respect to Application#00050656q not preclude or prejudice any potential enforcement action regarding this Application,and does not constitute a avr ofj of the Commission's rules with respect to this Application. z r {pit 40 Ad Mas 1� 5-7!., s t �4 FCC 601-C Page 5 of 5 August 2007 KNIKA738 Glens Falls REFERENCE COPY This is not an official FCC license.It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated.In cascs,where FCC rules require the presentation,posting,or display of an FCC license,this document may not be used in place of an official FCC license. Federal Communications Commission i< u Wireless Telecommunications Bureau k RADIO STATION AUTHORIZATION LICENSEE: NEWIIUULARkLESS PCS,LLC Call Sign File Number ICNKA738 ATTN:REGINALD YOUNtI$)_". Radio Service NEW CINGULAR WII2EI, S9SLCCL-Cellular 2200 N.GREENVILLE AYE l V , 4 RICHARDSON,TX 75082 Market Num er Channel Block r CMA266 A .s 1 Sub-Market Designator FCC Registration Number(FRN): 000329= 2's 0 Market Name a.- Glens Falls,NY Grant Date Effective Date ) aiiY�a Qh Date Five Yr Build-Out Date Print Date 08-19-2008 11-24-2012 �� ' 10 0 18 Site Information. t� Location Latitude Longitude Gro Eleven Structure Hgt to Tip Antenna Structure (mete (meters) Registration No. 2 43-20-04.2 N 073-20-16.5 W 378 3 m3,8 n���� k jai Address: 1275 BIG BIRCH HILL ROAD , City:GRANVILLE County:WASHINGTON State:NY C strt c,, headline: Antenna: 1 Azimuth(from tete north.) 0 45 90 1351 180 225 270 315 Antenna Height AAT(meters) 226.500 260.700 154.900 117.100 F)� 76300 300.900 301.300 Transmitting ERP(watts) 111.799 336.518 260.755 29.264 3 113 0.674 9.087 Antenna:2 Azimuth(from true north) 0 45 90 135 a 802"�$' 270 315 Antenna Height AAT(meters) 226.500 260.700 154.900 117.100 e, 0 176.700 300.900 301.300 Transmitting ERP(watts) 0.765 1.241 22.273 187.645 3 r.398 415 1,76 8.119 1.560 & Antenna:3 Azimuth(from true north) 0 45 90 135 180 ( X25 270 315 Antenna Height AAT(meters) 226.500 260.700 154.900 117.100 162 10%'0 176 300.900 301.300 TransmittingERP(watts) 76.553 3.390 0.780 0.724 3.933 '' ) �; ��, . � .7.877 331.795 rk�l � +xf Conditions: 1� Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C.§309(h),this license is sub�, to e >. following conditions: This license shall not vest in the licensee any right to operate the station nor axtof the frequencies designated in the license beyond the term thereof nor in any other manner than authorize frtiT4: either the license no:the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C.§310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C.§606. FCC 601-C Page 1 of 5 August 2007 Licensee Name: NEW CINGULAR WIRELESS PCS,LLC Call Sign:KNKA73&G File Number: Print Date: Location Iatatude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 3432512,5'N 073-45-28.0W 642.5 36.6 Address: 1988 PPEGTY10iJNTAIN PARKWAY City:LAKE GEtTtGlt Gou )y:WARREN State:NY Construction Deadline: Antenna: 1 Azimuth' rom ti e Worth),, 45 90 135 180 225 270 315 Antenna Height AATmeters) :.a3$0 300 524.700 497.100 521.400 316.300 334.900 316.300 299.100 Transmitting ERP(watts) '`x.138 1.382 6.776 8.152 3.093 0.234 0.100 0.099 Antenna:2 Azimuth(from ti north}' 0 ,, 45 90 135 180 225 270 315 Antenna Height AAT meters { g ( ) „38400 524.700 497.100 521.400 316.300 334.900 316.300 299.100 Transmitting ERP(watts) .41 �3 „32.448 5.231 0.112 2.817 30.551 39.666 49.451 Location Latitude Longitude; u? Ground Elevation Structure Hgt to Tip Antenna Structure r ,,,, (meters) (meters) Registration No. 5 43-04-59.4 N 073-23-24.5 W7 X95.3 38.4 Address:98 FIRE TOWER ROAD erg . City:CAMBRIDGE County:WASHINGTi Strife Imo' Construction Deadline: Antenna: 1 Azimuth(from true north) 0 45I. � ' 135 180 225 270 315 eke Antenna >- Height AAT(meters) 226.500 14200 ��a ti0 147.300 253.600 196.900 287.100 257.800 Transmitting ERP(watts) 98.297 306.463`f x#:316. 24.876 1.908 0.639 0.600 8.072 Antenna:2 Azimuth(from true north) 0 45 90 4 1135 180 225 270 315 Antenna Height AAT(meters) 226.500 142.200 1 3:500 4347,300 253.600 196.900 287.100 257.800 Transmitting ERP(watts) 0.422 0.712 12 2,, 1021066 198.255 85.415 4.560 0.875 Antenna:3 Azimuth(from true north) 0 45 90 i5 180 225 270 315 Antenna Height AAT(meters) 226.500 142.200 123.500.", 4 � 253.600 196.900 287.100 257.800 Transmitting ERP(watts) 66.774 3.116 0.6692 3.455 48.256 238.039 294.658 � .. Location Latitude Longitude Ground Elevation Stru�Citwc Tip Antenna Structure (meters) (mtj Registration No. 6 43-40-20.3 N 074-02-57.4 W 1090.6 18 Address:360 GORE MOUNTAIN ROAD City:Johnsburg County:WARREN State:NY Construction Deadline Antenna: 1 Azimuth(from true north) 0 45 90 135 180 25 x 270 315 Antenna Height AAT(meters) 633.900 705.800 737.100 696.200 477. 48184 483.100 493.500 Transmitting ERP(watts) 17.700 133.929 255.915 142.023 25.912 +.y;027 0.537 yk"3xd�1+�� A, FCC 601-C Page 2 of 5 August 2007 -- ------ _ ....- .. -- ...__ . _- - -- - Licensee Name: NEW CINGULAR WIRELESS PCS,LLC Call Sign:KNKA738 -',, File Number: Print Date: Location Latttiide;;> Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 9 4301-) ;3 N 073-31-20.6 W 422.1 46.0 1237380 Address: 77 INTERNALE ROAD City:GREENWICH Vountj"WASHINGTON State:NY Construction Deadline: 11-23-2011 Antenna: 1 Azimuth{frim true'horth r p 45 90 138 180 225 270 315 i Antenna Height AAT(meters) 4 ;" 1 -,400 242.900 209.700 269.200 290.400 389.600 365.900 386.600 max,. Transmitting ERP(watts) �f23.125 78.389 60.821 6.879 0.839 0.163 0.158 2.708 Antenna:2 Azimuth(from tfue north 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) X400 242.900 209.700 269.200 290.400 389.600 365.900 386.600 Transmitting ERP(watts) f�0.200 5.186 40.475 84.661 35.951 3.084 0.398 i Ndr d Antenna:3 Azimuth(from true north) '0NO 45 90 135 180 225 270 315 Antenna Height AAT(meters) : t Y 60 24`.900 209.700 269.200 290.400 389.600 365.900 386.600 Transmitting ERP(watts) 17.823 -A,4'2ffl;, 0.225 0.264 1.143 11.413 61.204 79.191 Location Latitude Longitude ;t ground Elevation Structure Hgt to Tip Antenna Structure � t et Ks) (meters) Registration No. 10 43-11-12.0 N 073-29-03.8 W 79.6 1267508 Address:28 Coach Road City:Argyle County:WASHINGTON State NY ruction Deadline: 11-23-2011 Antenna: 1 Azimuth(from true north) 0 45 9i"Y" 0f, 5 180 225 270 315 Antenna Height AAT(meters) 167.300 46.900 00 x },300 114.500 180.600 193.700 190.800 Transmitting ERP(watts) 109.812 354.682 24. �2 3Q, 37 2.167 0.686 0.674 10.974 Antenna: 2 Azimuth(from true north) 0 45 90 � r 180 225 270 315 Antenna Height AAT(meters) 167.300 46.900 79.100 �69` 5� 114.500 180.600 193.700 190.800 Transmitting ERP(watts) 0.750 0.782 24.106 0 357.608 145.888 10.397 1.052 Antenna:3 Azimuth(from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT(meters) 167.300 46.900 79.100 69.300 .600 193.700 190.800 Transmitting ERP(watts) 72.292 4.649 0.658 0.657 674 X96 273.238 325.616 aP a r�W kR Ix $�' ' FCC 601-C Page 3 of 5 August 2007 ---- Licensee Name: NEW CNGULAR WIRELESS PCS,LLC Call Sign:KNKA73$ ' „ File Number: Print Date: k 2 Location l a#nude , Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 12 43-16-Q1„Q N '`y 073-20-51.1 W 393.8 60.7 Address:433 Mi7liinght City:Hebron Cpugty AINGTON State:NY Construction Deadline: Antenna: 1 Azimuth (iomttu 'iiorth) 0 � 45 90 135 180 225 270 315 Antenna Height AAT(meters) 900 00 199.900 85.500 134.800 276.400 267.500 304.000 288.300 w Transmitting ERP(watts) 721.529 363.925 287.051 31.763 2.359 0.772 0.739 12.025 Antenna:2 Azimuth(from true n0rth)1x,"{l� °a 45 90 135 180 225 270 315 Antenna Height AAT(meters), 19Q00 199.900 85.500 134.800 276.400 267.500 304.000 288.300 Transmitting FRP(watts) ' �'qg 0.802 27.560 195.960 388.424 163.521 11.439 1.164 Antenna:3 Azimuth(fromtrue no " 0 ,� 5 90 135 180 225 270 315 Antenna Height AAT(meters) "A"0900 190.900 85.500 134.800 276.400 267.500 304.000 288.300 Transmitting ERP(watts) 81.280,0� 0.797 0.699 3.988 61.119 298.925 358.371 Location Latitude Longitude 5' � round) (meters)Elevation a Hgt to Tip Antenna RegistrationStructure mefilys o. 13 43-44-44.7 N 073-31-12.2 W1 `s 33.5 1274304 Address:68 Decker Hill Road City:Hague County:WARREN State:NY 6onstrt n Deadline: .;a,,.v. Antenna: 1 Azimuth(from true north) 0 45 9 '; 5 180 225 270 315 Antenna Height AAT(meters) 30.000 188.800 000 '21--$1600 30.000 30.000 30.000 30.000 Transmitting ERP(watts) 354.678 386.644 9% S 0.988 0.833 4.680 70.243 � . Antenna:2 Azimuth(from true north) 0 45 90 180 225 270 315 Antenna Height AAT(meters) 30.000 188.800 142.000;t1 3, 30.000 30.000 30.000 30.000 Transmitting ERP(watts) 0.881 13.403 137.255 354.041 37.209 2.783 0.897 Antenna:3 Azimuth(from true north) 0 45 90 135 180^a� 225 270 315 Antenna Height AAT(meters) 30.000 188.800 142.000 153.6001) a' 000 30.000 30.000 Transmitting ERP(watts) 13.675 1.222 0.945 0.930 x.956 •670 456.789 190.257 Control Points: Control Pt.No.1 � w Address:99 Washington Ave City:Albany County: State:NY Telephone Number:(518)449-7216 Eery 1 R I FCC 601-0 Page 4 of 5 August 2007 ._ ------- ------ _ .., F � Licensee Name: NEW CINGULAR WIRELESS PCS,LLC Call Sign:KNKA7 $w File Number: Print Date: -j 4 WaiversJCt�tidihos, THIS AUTIIORIT1,I�u SUBJECT TO THE CONDITION THAT,IN THE EVENT THAT CELLULAR SYSTEMS USING THE SA FREQUENCY BLOCK AS GRANTED HEREIN ARE AUTHORIZED IN ADJACENT TERRITORY IN CANADA,CO A11,10N,OF ANY OF THE LICENSEE'S TRANSMITTER INSTALLATIONS WHICHARE WITHIN 45 MLLES OF THE V 1 ADA BORDER SHALL BE REQUIRED TO ELAfINATE ANY HARMFUL INTERFERENCE TI3AT MIGHT'OTHERWISE EXIST AND TO INSURE CONTINUANCE OF EQUAL ACCESS TO THE $Y B TH CQ FREQUENCY BL(5 TRIES. The Cellular Geographic Seryl-. Are 4of the following cellular systems have been combined(listed by callsign):KNKA263, KNKA738,KNKA294 KNK't�h68� Il{ 317,KNKN856,KNKN827,KNKA210. Commission approval of this appltcafiau apdithe licenses contained therein are subject to the conditions set forth in the Memorandum Opinion and Order, December 29,2006 and released on March 26,2007,and revised in the Order on Reconsideration,adopted andreleased"od Iv(alelt26,2007.See AT&T Inc,and BellSouth Corporation Application for Transfer of Control,WC Docket No.06 74,Memof�ric u Opinion and Order,FCC 06-189(rel.Mar.26,2007);AT&T Inc.and BellSouth Corporation,WC Docket No.,,0.6 74,Order on Reconsideration,FCC 07-44(rel.Mar.26,2007). The action taken with respect to Application 0)"04"302"3jlt- does not preclude or prejudice any potential enforcement action regarding this Application,and does not constitute ii mVm `er of any of the Commission's rules with respect to this Application. 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Pw „fitx -�3 + w Eli 1 .1 sed a i 1 w ga ash vC �w uw 'i Exhibit F Augusi:23,2014 Adiror-idack.Nark Agency P.O.Box 99 Ray Brook,New York 12977 Town of Queensbury Planning Board and Zoning Board of Appeals 72 Bay Road QueeriSbury,New York 12804 Appliw.nt: New Cingular Wireless PCS,LLC Property Address: 1359 Ridge Read,Queensbury,NY AssessorID:279,149 Re: Alternative Site Analysis To Whorn It May Concern: The urideasign d hereby states the following in support of the application by New Cingular Wireless.PCS, LLC ("AT&T") t-o construct and operate a wireless communications facility ("Facility")at 1359 Ridge Road in the Town of Queensbzuy{"Site"}. L hey rrame is Paul Reed:and I am a Site Acquisition Specialist for Centerline Communications LLC("Centerline'),which has been retained by AT&T to provide services for the purpose of obtaining approvals,leases,and licenses as well as performing other site acquisition and development tasks involved in building and i ristalling wireless communication facilities. I have performed,and am performing, such services in connection with AT&T's proposed wireless communications Facility located at the Site. 2. t have participated,through my present and past employment,in the development of many similar facilities,including wireless communication facilities such as the Facility proposed for the Site. I have personally visited the Site and the area surrounding the Site on.numerous occasions. I submit this affidavit based on my personal knowledge of the Site and the surrounding area and based on my professional experience in the developmeiA of wireless communication facilities. I In the wireless telecommunications industry,a search ring area is a general geographical location where the installation of a wireless facility would address the identified coverage need and/or capacity problem,while still allowing for orderly integration ofthe site into AT&T's network based on the radio frequency(RF) engineering criteria of hand-off,frequency reuse and interference. The search ring idontii:ied for this project is south of the intersection of Route 149 and Route 9L,near the entrance to the former landfill and south along Ridge Road and Jerikinsville Road, 'lie coverage objective is to improve AT&T's in-car coverage along Route 9L,Route 149,CR.7(Bay Road)and to provide in-building coverage to the surrounding {A617484Z2}. . 0 Page 2 August 23,2014 residential neighborhoods,such as those along Moon Hill Road,Sunnyside Road and around the Queensbury Golf Course. However,the major objective of the Site is to till ilre ill-car coverage hole between existing Queensbury and Fort Ann AT&T sites along Route 149. The Site will also extend the connecting coverage north along Route 9L and CR 7,connecting with the AT&T Pilot Knob site at Lake George's Dunham, Harris and Warner Bays. 4. Part of tray site acquisition and development duties includes identifying potential candidates within the search area identified by AT&T's radio frequency experts. The candidate identification process includes reviewing the applicable zoning ordinance to identify areas within which the proposed use is allowed. According to the Town of Queensbury.Zoning Ordinance,a wireless telecommunications facility is not perm tuxi in the MDR(Moderate Density Residential)district and a Use Variance is mIttirtA However,the Kubricky property is commercial in nature and is a former gravel mine. Also,there are other gravel mines and a former landfill in close piwdn ity to the Kubricky property. Viable candidates consist of existing structures of sufficient height from which an antenna installation can provide sufficient coverage,or Jacking such a structure,parcels located within the narrowly defined search area upon which a tower may be constructed to a sufficient height. In order to be viable,a candidate must provide adequate coverage to the significant gap in AT&T's network. Cox addition,all viable candidates must have a willing landowner with whom commercially reasonable lease terns may be negotiated. Preference is given to existing structures and locations that comply with local zoning ordinances. In the event no viable candidates are determined to be located within such areas,I work to identify other potentially suitable locations. 5. In connection with the proposed Facility at the Site,Centerline has provided site acquisition services,including researching the area,identifying potential alternative candidates,and leasing the property at 1359 Ridge Road,Queensbury,NY. :Ding our search,two existing telecommunication towers;which are outside of the search area,were identified for consideration: 1. Patrol Broadcasting(a:k.a.Vox Communications)tower on Route 149(1.7 miles cast of the intersection of Route 9 and Route 149). 2. SBA tower at 22 Wescott Lane in Patten Mills,NY. Both tower locations were evaluated and ruled out by AT&T's radio engineers as they slid not satisfy AT&T's coverage objective for the search area(see attached RF Plots- SBA.Tower and Vox Tower). There were no other suitable existing towers or structures present within the search area. The Queensbury Zoning Ordinance restricts the development of telecommunication towers to the CLI and the HI zoning districts. However,the nearest property that has either of these designations is near the Glens Palls Airport over 2.5 miles south of the proposed location. Clearly,this area is outside of AT&T's search area and a facility located here would not satisfy AT&T's coverage objective(see attached RF Plot-Hypothetical Location along Hicks Road). 0 Page 3 August 23,2014 Having exhausted all of the potential existing structures in the general area,new tower build solutions were pursued. The Kubrieky property was identified.as the prime candidate. The property sits along a natural ridge and has excellent natural screening to the north by an existing tree line,which sits atop a twenty five foot ridge. There is heavy tri cover to the west and south of the property as well. To the east;AT&T is proposing to provide landscaping to screen the site from the road. Also the site requires minimaldisturbance as it is flat,no clearing will be required and a new access road will not be needed. South of the proposed location along Ridge Road;the topography drops off sharply,losing significant elevation. To the north of the site,the iopogwaphy drops of and the natural screening would be lost. Also further north on Ridge Road beyond the intersection of Route 149 there are residential dwellings. Thus,the Site is the best location for AT&T's Facility due to its willing Laud owner, the commercial nature of the area and surrounding properties,the screening around the parcel rand,most importantly,its ability to meet the RF coverage requirements, 1VT&'Ps wireless network identified by AT&T's RF Engineers(see attached RF blot -w Proposed coverage with Queensbury East NSB). Other tltart the SBA and Vox towers that were ruled out by AT&T's radio engineers, the K uhricky property was the only property considered for the development of the Facility. The property has excellent screening,no residential neighbors,a willing landlord and the location satisfies AT&T's coverage objective.Also,the site has been used as a gravel mine and the impacts of AT&T's installation will be minimal. No clearing will be required and a new access road will not be needed. The proposed monopole design is a sleek tower design that takes up a minimal amount of property to achieve the desired height'. A.lattice tower would require three legs and require a larger foot print. A guyed tower would require guy anchors to be placed outside ofthe lease.area and encumber additional ground space. A catnouflaged tower (simulated tree)and antenna coloration is unnecessary due to the excellent screening that the site provides. 6. Based on my review of the zoning ordinance,my personal knowledge of the area,and the input provided by AT&T's radio frequency expert,the proposed Site is the best available and least intrusive alternative to provide adequate coverage to ibis significant gap in AT&T's network coverage in the Town of Queensbury. cer51 °, Paul R Authorized Agent to New.Cingular Wireless PCS,LLC C A.T&T) Exhibit G i VISION Engineering CIVIL* STRUCTURAL- MUNICIPAL- ENVIRONMENTAL .a;J� k�✓..i.,,:h ..9,Y.,.J.,..w�^�^..��2v�.YJ�IX":U�,�..i'nw�,A�. '�'�.4"........ ......d4,,,,.....,..WT'S: ",'IL' ..,.l.l.ra,rs...,.,..... ..l..ii.. u,.'�.;(!il'J� ;.:'.. ......,..,..�:.: ,. JT.......«rv,.,w..m� Y'm"."d.. ._...,.,.� 'wA,�, r +n'i WWNWNWW4pWW,WWWkPoOMT�WIWWWYIW „�.�+ e�wmmm�mmmromwkwro�uw�mmuuwwuww � uuuuwuu�uuu owu�ww�n wu'ouwwwmwwowiwamw�w.www..�nwaw� VISUAL. ANALYSIS AND IMPACT ASSESSMENT REPORT PREPARED FOR New Cingular Wireless, PCS, LLC (AT&T) 5841 Bridge Street East Syracuse, NY 13057 FOR THE PROPOSED 130 FT MONOPOLE TELECOMMUNICATION TOWER LOCATED AT: Property of John Kubricky & Sans 1359 Ridge Road Queensbury, NY 12804 County of Warren tl B�nvm M C � All J}I 01 fU f� `k : VISION Engineering, LLC 16 Pearl Street, Suite 200 Glens Falls, NY 12801 October 2, 2014 16 Pearl Street-Suite 200« lams Fails,NY,12801- a 518.792.9264 -618.792.9282 s �, www.vislonengineering.,org i VISION Engineering CIVIL S"rRUCT RAL - MUNICIPAL ENVIRONMENTAL r�w annum wwwmm wwna mI I I I I Immuuuuwmmwwu moo A I a 10, w I I I IN­ IINN miwmomwo Numuuwmuu __ww_NN New Cingular Wireless PCS, LLC 5841 Bridge Street East Syracuse, NY 13057 RE: Visual Assessment and Impact Study Proposed 130 ft Monopole Tower at 1359 Ridge Road, Que ensbury, NY 12804 VISION Engineering, LLC was retained to prepare a Visual Analysis and Impact Assessment Report for the above project as it relates to the proposed un-manned 130 ft tall monopole telecommunications tower in the Town of Queensbury, NY. The primary objective of this study is to assess the potential and degree of visual impacts the proposed tower has on the surrounding area, including the Adirondack Park, and nearby resources deemed to be both important and essential to the character of the local and regional community. This report summarizes our analysis procedures, provides data related to local resources and visual receptors effected by the tower, and provides technical information which supports the results and findings of this report. The analysis and reporting generally follows the requirements specified in the following documents; - Adirondack Park Agency Visual Analysis Methodology - NYSDEC Assessing and Mitigating Visual Impacts - NYSDOS Planning and Design Manual for the Review of Applications for Wireless Telecommunication Facilities Location The project site is located at 1359 Ridge Road, Queensbury NY 12804. It is located in Warren County and is also within the Adirondack Park (APA). The parcel tax map identification is 279.-1-48 and the total parcel area consists of approximately 9.39 acres. The project site is an existing borrow pit currently being reclaimed by filling with clean fill. The site is generally shielded to the north, west, and south by vegetation and forested areas, with Ridge Road abutting the east property line. The access to the site is from an existing gated gravel entrance off Ridge Road just south of its intersection with Jenkinsville Road. The site consists of steep embankments creating a bowl-like condition from previous mining activities. Only a portion of the site has been reclaimed this far by filling, which is the north- eastern portion of the site where the proposed monopole tower is planned for construction. The project consists of construction of an unmanned 130 ft. tall monopole telecommunications tower with a fenced utility compound proposed at its base to support the facility's needs. The proposed lease area at the base of the tower is approximately 100 feet x 100 feet, to include an access easement from the existing entrance at Ridge Road to the proposed lease area and tower. The location of the fenced compound is recessed back on the property approximately 875 feet from the entrance and edge of Ridge Road and is located along the bottom of an existing embankment near the north property line. The area in close proximity to the project site consists of a mixture of land uses including, but not limited to; rural residential housing, a Town recycling center and transfer station, mining operations and borrow pits, recreational parks and a public golf course, and commercial facilities such as small convenient stores, a gardening center, gas stations, and restaurants. Due to the mountainous terrain, the area is scattered with undulating hills and valleys, with few travel corridors or main highways in the immediate area adjacent to the tower site other than; Ridge Road which travels N-S along the eastern I6 Pead Street-Suite 200-Glens Falls,NY-12901 -P:518.792.9264-F.51&7919282 rye www.vislonengineering,org property line, and State Route 149 which travels E-W to the north of the site. There are also less- commonly traveled local roads nearby to the east of the project site. Analysis Process The visual impact assessment consists of several objectives and components in order to ascertain the relative significance of the proposed 130 foot tall telecommunication tower on the surrounding area, including the Adirondack Park, and nearby resources from a visual perspective. Below is a generalized list of tasks which aid in such study of the tower's visual impact; - Identify important or sensitive areas in the locality that might be effected by the proposed tower in terms of visibility and negative impact on the enjoyment of the resource, if within the viewshed (including public use areas as defined in the APA methodology ("Public Use Areas")). - Traverse the local and regional highways, travel corridors, and primary routes of travel for residents in the community or visiting the area, as well as Public Use Areas, to determine the locations in the community where visibility is present or likely to occur. - Conduct a balloon float to provide a visual assessment of the actual tower location and height from various locations in the community, including Public Use Areas. - Create photographic simulations to depict the proposed tower on photographs obtained during the balloon float, which provide an accurate method of verifying the tower visibility and impacts. - Assess alternatives (tower height, finishes, color, concealment, relocations, and etc) and other mitigation measures when necessary to reduce the tower's visual impact,when significant. On June 18, 2013 and again on August 7, 2013, balloon floats were performed to verify the potential visibility and resulting magnitude of impact of the planned telecommunication tower. Refer to the public advertisements and affidavits in Appendix D for additional information regarding the test dates. A 5.5 ft. diameter helium balloon was flown from the tower location on the property, anchored to the ground at its base and with the top of the balloon set to the same proposed height of the top of proposed tower. This resulted in the top of the balloon being flown at an elevation of 130 feet +/- above the existing ground elevation. On site a survey stake marks the proposed location of the tower. At the suggestion of APA Environmental Program Specialist, Virginia Yamrick, the balloon float was started early to take advantage of the mild calm conditions of the early morning. The balloon float lasted from 6:00 am until approximately 12:30 pm, on the first date, and between the hours of 6:00 am and 10:00 am on the second. Winds were minimal and calm both dates, with gusting and light winds occurring mid-to late- morning during the first balloon float. During the June 18, 2013 balloon float, the balloon was taken down and the float terminated one hour before the noticed time due to strong winds and developing thunderstorms in the vicinity. A site technician monitored the balloon and documented balloon drift and logged corresponding times during the floats. This aids in assessing corrections required for the photo simulations. During both balloon floats, APA Environmental Program Specialist Virginia Yamrick was present to witness and assist in the visual verification and analysis. On June 18th, upon preparing the balloon and setting the balloon height to correspond with the proposed tower, the analysis team traversed the 5- mile diameter viewshed to determine locations, roads, natural resources, and important areas where the tower was visible. At each location where the balloon was found to be visible, three photos were taken to log and document each location, using a Nikon D3200 digital camera with SRL 55mm, 85mm and 200mm lenses. The purpose of the second balloon float was to assess the visibility of the proposed tower from the Dunhams Bay Marsh, which was traversed by canoe during the morning of August 7th. Similarly during the second float the analysis team, along with Virginia Yamrick from the APA, an assessment was made relative to the waterway specifically, with three photos taken to log and document the one observed location from the marsh that the tower was visible, using a Nikon D3200 digital camera with SRL 55mm, 85mm and 200mm lenses. 00, i Inventory of Important Resources/Visible Locations Important resources include areas within the region or locality that have inherent community value and it must be determined if the proposed tower, if visible from the resource, will have any significant negative impact on the resource identified. Typical aesthetic resources of importance include some of the following; 1. Properties on the National or State Register of Historic Places 2. State Parks, Campgrounds, and Recreational Areas 3. Cultural Parks 4. State Forest Preserves 5. National Wildlife Refuges 6. National Natural Landmarks 7. Lakes, Waterbodies or Rivers, including those designated as National or State Wild, Scenic, or Recreational 8. Scenic Highways 9. Local Parks, Landmarks, Historic Places, and Critical Environmental Areas 10.Travel Corridors, Highways, and Primary Routes of Travel 11.Trails 12.Vistas 13. Public or Semi-Public Buildings 14. Beaches 15. Natural or Man-Made Attractions Aesthetic impact occurs when there is a detrimental effect on the perceived beauty of a place or structure. Significant impacts are those that may cause a diminishment of the public enjoyment and appreciation of an inventoried resource, or one that impairs the character or quality of such a place. For the proposed telecommunication tower on Ridge Road, the following Public Use Areas and important locations and/or resources were identified within the viewshed of the proposed tower, along with the potential for visibility of the tower from such. a. Jenkinsville Recreation Park—This location is approximately 0.5 miles from the tower site. The tower was determined to have limited visibility from the recreation park with the tower only visible from a small isolated area within the park. See attached Photos and Simulations 4-A and 4-13 in Appendix C. The resulting simulations provide verification the tower, although sky-lit will have minimal visual impact on the users of the park since distance provides some mitigation along with the uneven tree canopy on the horizon. Furthermore the tower is not visible within most portions of the park due to adjacent mature forested areas. b. Lake Sunnyside—The tower was determined to not have any impact because it was not visible from the perimeter of the lake when verified on the date of the balloon float. c. Hadlock Pond -The tower was determined to not have any impact because it is not visible from the perimeter of the lake when verified on the date of the balloon float. d. Glen Lake-The tower was determined to not have any impact because it is not visible from the perimeter of the lake when verified on the date of the balloon float. e. Lake George — This location is approximately 4.0 miles from the tower site. The southern shoreline was driven along Route 9L (Ridge Road)to determine if the tower was visible from the lakes southern shoreline. Due to highly vegetated buffers and screening provided by the undulating terrain and forest growth along the road the tower was not visible for any porton of Ridge Road, other than at the intersection of Ridge Road and the end of Bay Road. See attached Photos and Simulations 1-A and 1-B in Appendix C. The resulting simulations provide 0 verification the tower, although sky-lit will have minimal visual impact from this location since distance provides the primary mitigation along with the uneven tree canopy onthe horizon. At the time of the balloon float,the tower was only spotted by use of magnifying binoculars. f. Queensbury Country Club —Thio location is approximately 0.75 miles from the tower site. The tower was not visible from the parking |cd of the hani|ib/ or the driving range along Route 149 which is adjacent to and north of the tower site. However the tower could have some visibility throughout the golf course. Since the course is private property no further assessment was completed atthe time mfthe balloon float for verification. g. Highland Golf Club-This location is approximately 2.5 rni|ea from the tower site. The tower was not visible from the parking lot of the facility or at any point along Havi|and Road. However the tower could have some visibility throughout the golf course area north of Haviland Road. Since the course is private property no further assessment was completed at the time of the balloon float for verification, although due to the 2.5-miles distance to the tower it is likely the mitigated visibility would have minimal visual impact. h. Dunham Bey K8mroh — Thie low-lying marsh and wetland extends from the southern ahonam of Lake George south tosouth-east towards the proposed tower site. The only navigable portions of the marsh are by small boat oruenoe/kmyak from the boat launch at the end of Boy Road, as depicted in attached Photos and Simulations 1+A and 1-B in Appendix C. for a distance of approximately two miles in a meandering southern direction. The dommmt navigable point of the marsh is approximately 2.5 miles from the tower site. During the second float this waterway was traversed by canoe by the assessment team. The closest point where the tower was visible was 3.8 miles from the tower, at which time the tower became hidden by otnae-|ine on the hohzon, in front of the tower site. Photos and Simulations 5-A, 5-13, and 5-C in Appendix C document the closest visible point observed from the marsh. As was obaemed, with an uneven forest canopy on the horizon, the meandering nature of the waterbody, and the vegetation along the navigable portions of the vvmterway, along with the 2.8 mile distance to the tmwer, the tower is deemed to have minimal visual impact onusers ofthe marsh/wetland area. i. State Route 149 and Ridge Road -These highly traveled roads are adjacent to and north of the the tower site. The tower was determined to have no visibility along State Route 148 and Ridge Road other than the two locations identified in attached Phobos and Simulations 2-A , 2'13. 3-A. � and 3-13 in Appendix C at or near the intersection 0.5 miles +I- north of the tower site. The � resulting simulations provide verification the tower, although inclose proximity,will have minimal � visual impact on the users of these primary nmoda and noubaa of travel within this portion of the Town. The only mechanism for visual impact requires tnyve|mna to stop in the precise locations shown hmeven realize the tower's visibility. Visibility Analysis In order to predetermine the possible extent of visibility of the proposed tower o five mile xiewuhed analysis was completed using USGG topographic data. This allows the ability to provide initial investigative data na|atkxe to the anyon the tower might be visible based upon land elevations and topography alone. It is noteworthy to mtohm this analysis, although helpful in the preliminary ano|ysis, does not take into consideration xegetat|on, buiNingo, and other natural ormanmade structures which might mitigate orminimize entirely the ability hmsee the planned tower. Included in Appendix Aare vievvahed maps for; 5-mile radius. 3-mile redius, and m 1-mile nodium, used in the preliminary mma|ymim of visibility potential. Upon completion of the v|ewohed maps, the interior portions ofthe 5-mni|eradius were driven toconfirm actual visibility during the balloon float. Primary routes of travel, arterial noeds, and many connector roads were tnaxeraad, and other Public Use Areas were visited in order toassess ifthe balloon, while being flown, was visible. Included in Appendix Bis a viewshod map which identifies the hour primary locations the tower was visible and observed (as depicted ioAppendix C photos and oimnu|mUons), and also shows the highvvmym, roads, and Public Use Areas investigated during the balloon float. As shown and confirmed bythe field analysis, the proposed � tower is minimally visible from; highways, roads, Public Use Areas in the surrounding vicinity and in the Adirondack Park, and almost all of the primary routes of travel, travel corridors within the Town, and local highways and roads used by residents. Conclusion It is the opinion of VISION Engineering, LLC that based upon; the available data, the field investigation, the balloon float/test, digital mapping and analysis, and the photos and simulations, the proposed tower has minimal to no negative impact to the Adirondack Park and the surrounding area from a visual assessment perspective. Furthermore, when visible, the tower appears to blend with the foreground and landscape, and is minimally intrusive on the enjoyment of the views and scenery within sight. The tower site is optimally located for a telecommunications tower since it sits upon a hill surrounded by well-screening vegetation. Also because of the combination of forest and well-established vegetation, along with the undulating terrain, the tower is not visible from most areas of travel or Public Use Areas within the viewshed. As such the proposed telecommunication tower will not have any significant negative visual impact on the resources of the Adirondack Park or the surrounding area, and therefore also does not require any further mitigation, Sincerely, Digitally signed by WSION Engineering,LLC Date:2014.10.02 091.45:42-04'00' Daniel W. Ryan P.E. VISION Engineering, LLC ............­—,........... ....... 711 S�e' VIE HED MAPS ............. '09 08 2w 0-7-7d'BRUSO 74 Will 0 - -3-N M imji 17' u OISIA 1151 - "lu co al Q a 72 0 0 z z 1w ot cr, SM z am, 2 P" 91, I"ll No N E 0 IS LU Lli C� w Z Z 'r co LU w 0 0 3: U) F- zt U) U3 2; z U) U) (D D uj c,) w Z LLJ z CD Z >: 0 =) F- LLJ 0 z 0 ix co — 0 z 77 > UJ C/3 -J U- LLJ Z) n 0 F- 0 w =) < 0 0 ry ui ui () uj CL C) D U- CL co 0 U) Z Z 0 5; 01, 0 LL X w D < z U) w z P- z CL F- LL o) uj U) U) Z LU Z ul > < = L'i 0 0 0 CJ3 < C-) 0 < ui z C(- Z C/) 0 UZCD Z N Cl) 0 w 0 Li < U- 0 IL < 0 Cf 0 LLJ 0 - LO co Lij 0 Lij 0 < 0 F- > Q 6i — Ill 2 — 0 W Z 4 — a F- M: Z (D C%4 :E D U CL W CL (.D (D F- < 0 Lu Z a: M I 3: Lli Ui T z 0 M L) Z CD 0 LLJ Li LLJ 0 �- U) Y o d 0 3: CL z W M 0 0 >- M M >1 w < 0 0 0 0 z W < < 0 z < 0 2 2 F- ---------- -------------- ------..................... l Hnis ig li O DTld'bLQ I w P g > ti IgH k'JOGu'Wu N IA ols, VII 1p To e in ti 0 o w w ZZ _ 00 00o 06 w w :c U) 3: co w L) z (0 CA (D D W (J) W U) 0 (D z Q CO W I-- LLJ 0 Z 0 U') LU 5 m z 00 �- Xz) LO < ui 0 W LLJ 0 LL 'OTO z< z 0 > o _j u- uj uw Lli r-= -j �- -j M Z �- - ry LL uj W 00 0 U) LLI Z 0) < 0 Zo ' uj Z W > V) < 5 m Cc) U) w 0 0 — I-- ru Z CO z z C) 0 z m C) LL -j 0 0 uj 0 w -C - < :) P5 C, L < 0 - 00 Q ow .4 U) 5; 05 < L) > 0 < w 0 w 0 z 4 0 �2 w F- N M D W U) (D 0 < 0 n IL W CL WS Z Em I w z M LLJ LLJ rr- = w w w o n F- co - 0 z UJ a- 0 0 n CL CL �Lj Gi < o 0 U5,; 0 Z < >1 < 0 dda W 4 ig HIP 9 5 u'Uu.9 NOISIA M " if I I.I. „4 V5 rn 0 0 ui uj Z' z 00 W Wo L) N U) -r end w z z 0 (5 , 0 0) >: Co 0 uj UJ Z 0 0, ry 00 0 Z w U) Lo (Dm < 0(D 0 uj 5 0 <o LI) LLI CL 0 8 w w LL 0 L, w LL 0U) 0 co J) < Z < ul 10, LU bo 0 0 Ln LU p < ro < . 0 0 1'- < (D LIA 0 Lli < So r0 LL Lu 0 < ce) LU 0 ul 0 can uj D U) 0 IL W CL M < 0 W ry w ui 0 Z M ca -j LU LLI x z g of fy ry 0 M Z 0 U) (D Ui LIJ :-> 0 M cl) 0 CL z W M 0 z Lij < o o o o z >1 < o I APPENDIX VISIBILITY MAP AND PHOTO STATIONS � ww '"°�rrJ ��pwrrr i 6 & ro romPZ4 VIE qtr q p �..EDT"ll.� 'if Ns r 4u. a. i0"), r p 'kp v�; .gig ,... a ..,.� .�,.! NIEW��%F �. 130 II � MONOPOLE �V L ��a�lMNIU� m� FUN �M N ��.,. 9��W'N...���a. 1 � 135 h.ff)G. �Z . ( ) "l N,1 R yN"( 12804 b( 1845 BW � ry610N DJMNR�INGPy LL — � r J ., fl 1 o,r 21,u 291" PHOTO 3 ,, 'gyp Jill' � & r x '.� 1 nor, -.1 pI v� i piu h i ,�' tea` � u� �� �' �' � ;�� ,� � �� n�; � 0,'i011—J". Wkdr%. AP �N X11 k��4 4rm � Alvi �, �G NflLE L dok P4 4Fri 24 44 Wh1 3tl � 121" 9 C{ r1NIE : (B AN4 ; N�.,ws E, �'� � N.ryry V pp" . b � � . do, r e �1.� a,fir ➢ ;�� �-_ P '° r• n j . puOU Add r � ro ffill ° t � ` fti 4,.y � 47i�� ,��4i .ro�� °�`,r;ym'�°� �3 � �`"`N: �' � � �'i, r y, •,� y ,. 21W'-.� 7 r>r r� yi `^ 0 �,k g `V 20" s 5 NNLES L me u°'4"V �u NW 731, ti� iK.. 'K,��V �' .�y. x, .. pGh.iWw ECORRNMWRWg /I SG � „T , -.... suaE �r p p p ry a, r u �� .. a APPENDIX C PHOTO LOGS AND PHOTO SIMULATIONS . ::,: ,37 '. . Distance to Photo# Location Long(DMS) Lat(DMS) Lens(mm) Tower (miles) 1-A END OF BAY ROAD W 73 3913 N 43 26 29 55 3.8 1-8 END OF BAY ROAD W 73 3913 N 43 26 29 85 3.8 1-C END OF BAY ROAD W 73 3913 N 43 26 29 200 3.8 2-A RIDGE ROAD W 73 37 21 N 43 23 44 55 0.4 2-B RIDGE ROAD W 73 37 21 N 43 23 44 85 0.4 3-A RIDGE RD/ROUTE 149 W 73 37 21 N 43 23 50 55 0.5 3-8 RIDGE RD/ROUTE 149 W 73 37 21 N 43 23 50 85 0.5 4-A 1ENKINSVILLE ROAD W 73 3714 N 43 23 20 55 0.5 4-B 1ENKiNSVILLE ROAD W 73 3714 N 43 23 20 85 0.5 S-A DUNHAMS BAY MARSH W 73 38 41 N 43 2S 45 SS 2.8 S-B DUNHAMS BAY MARSH W 73 38 41 N 43 25 45 85 2.8 S-C DUNHAMS BAY MARSH W 73 38 41 N 43 25 45 200 2.8 6 ENTRANCE OF SITE W 73 37 32 N 43 23 24 18 350 FT VISION Engineering CIVIL STRUCTURAL-MUNICIPAL - ENVIRONMENTAL DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC _..Photo#: 1 e.A _._......___ ..__�.... ._Lens Used:.�._..��'J .�... ._�.. �.�...__w_ 55mm 085mm i 200mm Location/Resource: End of Bay Road public Significance of Location/Place/Structure: ......e._.... _ _ _..E Longitude: W 73 39 13 End of Bay Road at boat launch and parking area Latitude: N 43 26 29 � _... for access to Lake George Time Taken 7:25 am Distance to Structure: 3.8 miles Questions: _......_._..__ __.... 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? YF] N 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N n 8. Does the visibility of the tower impair the character or quality of the place/structure/resource? 4, Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? YF-] Nn Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of Tower/View) Distance from receptor to tower is good mitigator Tower located with binoculars, then only barely visible Tower is sky-lit but uneven treeline/canopy on horizon mitigates appearance Location is open terrain due to wetland and stream making tower location visible 16 Pearl Street u to 200.Glens Faft,NY w 12801 «tea 18.792.9264®R 518.792A282 www.visionengineerinTorg r/ I I i`Y4 li ' e r 01 r I VISION Engineering CIVIL- STRUCTURAL-MUNICIPAL- ENVIRONMENTAL DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo# 1-13 Lens Used: 55mm � 85mm 0200mm Location/Resource: End of Bay Road �. . ._..... _ Public Significance of Location/Place/Structure: Longitude: W 73 39 13 End of Bay Road at boat launch and parking area Latitude: N 43 26 29 for access to Lake George I Time Taken 7:25 am Distance to Structure: 3.8 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y F] N 0 2. Does the visibility of the tower interfere with or reduce the public's e o ment and/or appreciation of the appearance if the place/structure/resource? Y u N 0✓ 3, Does the visibility of the tower impair the character or quality of the place/structure/resource? YR N ✓0 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? YFJ NR Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of TowerNiew) Distance from receptor to tower is good mitigator Tower located with binoculars, then only barely visible Tower is sky-lit but uneven treeline/canopy on horizon mitigates appearance Location is open terrain due to wetland and stream making tower location visible L E 16 Pearl Street®Suite 200 Glens Fall �12501 P-515.792.9264 m F.515. m 792.9252 www.visionengineering.org � I "+ k Jky a Y 4 1. r BIW it �" 0 m ' r` lily, 1 0 I II! I LL 4 0 %�%" J �G is// I %i/i/ I r � t � � f/%iii, `✓ / r �u iY IL 4✓l,'�aiky dU /�� , r f l r o� U �dPb VI I ti�'r I ry I i u (fit ri rr Oji�r� 31, I �v I I I r r r s t R� s ul rlfyr% �rr r r VISION I CIVIL-STRUCTURAL-MUNICIPAL m ENVIRONMENTAL DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 1-C Lens Used: 055mm 085mm Q200mm Location/Resource: End of Bay Road Public Significance of Location/Place/Structure: Longitude: W 73 39 13 End of Bay Road at boat launch and parking area Latitude: N 43 26 29 for access to Lake George Time Taken 7:25 am Distance to Structure: 3.8 miles �wwwwwwwww _�. Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y ❑ N F✓ 2. Does the visibility of the tower interfere with or reduce the public's enjo ment and/or appreciation of the appearance if the place/structure/resource? Y F N❑✓ 3. Does the visiN lity❑of the tower impair the character or quality of the place/structure/resource? 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? YF] NFV(l Comments:(Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Distance from receptor to tower is good mitigator Tower located with binoculars, then only barely visible Tower is sky-lit but uneven treeline/canopy on horizon mitigates appearance Location is open terrain due to wetland and stream making tower location visible 16 Pearl Street Suite 209 Glens Falls,NY­12801 P.616.792.9264 R 518.792.9282 www.visionengineering.org , . . . � . / IUL \ z 0 0 < � cjo� \ \ I- 0 O If Ile' � F 1 y r �djii4P��, ui n 0 n �I VISION Engineering CIVIL m STRUCTURAL - MUNICIPAL m ENVIRONMENTAL _. . DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 2-A Lens Used: Q55mm 085mm 0200mm Location/Resource: Ridge Road___,,_,, Public Significance of Location/Place/Structure: Longitude: W 73 37 21 _ Ridge Road 0.4 miles north of project site near .......................... Latitude: N 43 23 44 entrance to borrow pit Time Taken 8:03 am Distance to Structure: 0.4 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? YN ❑- 2. Does the visibility of the tower interfere with or reduce the public's enio ment and/or appreciation of the appearance if the place/structure/resource? Y N o 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y[—] N[;�] 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y[—] N� Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of TowerNiew) Tower only visible through existing tree canopy/opening when driving south on Ridge Rd Tower screened by vegetation between receptor and project site 16 Pearl,Street-Suite 200 Gleans ells,NY 12601 -P:516.792.9264-F:518192M82 � www.visionengineering.erg0 ;t Yv t �y �r 7 t, r' w� 1 I / I. IA / q 10 /i V� w %PH ' 0 a � l � l v y' , ri A Irr„ ' l r ULI0 r i I µ i „W fin,. N of i '�i ✓ �i VISION Engineering CIVIL«STRUCTURAL- MUNICIPAL e ENVIRONMENTAL ' ➢, I® m.W.WmemmmNaO muuwium',mWw www Pw'mrvrygyµµ RwNMniwWu.nmgtlmmmhmrvemwmmoWnwW@ivWA^0.9W,P 'mmNdWl'W.VY N'M;; iUIUIIOW YIIIIIWWIW.IWW MOM l�'amuwmmmimwy�4loy vx(4 G DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: .ee. 2-13 LensUsed: 055mm (�)85mm 0200mm Location/Resource: Ridge Road Public Significance of Location/Place/Structure: Longitude: W 73 37 21 Ridge Road 0.4 miles north of project site near Latitude: N 43 23 44 entrance to borrow pit Time Taken 8:03 am Distance to Structure: 0.4 miles Q—Ueii.. estions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y ❑ N 0✓ 2. Does the visibility of the tower interfere with or reduce the public's en.oyment and/or appreciation of the appearance if the place/structure/resource? Y N 0✓ 3. Does the visibility lf the tower impair the character or quality of the place/structure/resource? 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? YF] Na Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Tower only visible through existing tree canopy/opening when driving south on Ridge Rd Tower screened by vegetation between receptor and project site 10 Pearl Street-Suite 200 9ens Falls,NY-12801-P. 1&792„9204®IFo 51 .792.9282 www.visionengineering.org J 1.1. Ij Cal �G n „N q i a as CL ,N sir a t USM C9I �,..m Imli � w i VISION Engineering CIVIL w STRUCTURAL- MUNICIPAL -ENVIRONMENTAL DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 3-A Lens Used: 0 55mm 085mm 0200mm Location/Resource: Ridge Road/Rt 149 Public Significance of Location/Place/Structure: Longitude: W 73 37 21 Ridge Road 0.5 miles north of project site at Latitude: N 43 23 50 intersection of Ridge Road and State Rt 149 Time Taken 9:27 am Distance to Structure: 0.5 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y 7 N 0✓ 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y F N0 3. Does he visibility NF,(]of the tower impair the character or quality of the place/structure/resource? 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y[Z] NF] Utility poles along road,commercial buildings,and signs Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of TowerNiew) Tower only visible through existing tree canopy/opening when driving west on Rt 149 Tower screened by vegetation between receptor and project site Tower not visible from Ridge Road at intersection and further north, or from areas west on Rt 149, only small area of visibility near existing fuel station 16 Pearl Street Suite 200 Glens Fails,NY 12801 -P:518,792.9264 F:518192M82 www,visionengineering.org k LL I i yi i 1 t hg jS l r i Il t / I, r �Jr 1/G�ry If �wI I� r^ �illl r 77 r I y �'s �I P i rJ y 6 p r;�' ly i ✓i i I 1 r, a f i m I f I f jj 1 Z5 , (w q 9 LL h 1 W G 1 �n1 )Jwmw!wiw+am 7, �1 IF VISION Engineering CIVIL STRUCTURAL - MUNICIPAL W ENVIRONMENTAL DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 3-B .._........_._. Lens Used: 55mrn � .__...�, ....._.. ...._..M.M..._. 200mm Location/Resource Ridge Road/Rt 149 Public Significance of Location/Place/Structure: Longitude:g W 73 37 21 m Ridge Road 0.5 miles north of project site at ..... .......... Latitude: N 43 23 50 intersection of Ridge Road and State Rt 149 Time Taken 9:27 am Distance to Structure: 0.5 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y ❑ N ❑✓ 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 0 3. Does the visibility of the tower impair the character or quality of the place/structure/resource? Y❑ N ✓❑ 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y Fv/] NF] Utility poles along road,commercial buildings,and signs Comments:µ Visibili Obstructions, Mitigation, Tower Contrast, Local or Regional I_._ ale,� m ( ty, Impact, Scale, Calor, Form, Line, Texture of TowerNlew) Tower only visible through existing tree canopy/opening when driving west on Rt 149 Tower screened by vegetation between receptor and project site Tower not visible from Ridge Road at intersection and further north, or from areas west on Rt 149, only small area of visibility near existing fuel station . . ......._ ... .. _.._ __.... _......._ .. _ ........... ..®® 16 pearl Street Suite 200 lens FaHs,NY 12801-P.518.792.926 F:51 192, 282 www.visionerigineering.org .....,.... �� �L 01 b f i Yn �f l ,1 1U u 1 i ;III fill u 'y CL of t J� I� Wu l4 ' I� 1 �P J. 44 �pi H4116 uAl 10 h� p B �u44 r y Y i 4 i �S i „i `f { r; t VISION Bigibeering CIVIL,, STRUCTURAL MUNICIPAL- ENVIRONMENTAL y, �,... m...�. . _. .�. . .._ .. ...., . _. ..�.. .._. . .. __. � NN..m................... ww ..... m..... � N... .. ......... m�o� .....��� "''Et¢,,,...,.,,. mmiommmmmmmuoar DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC Photo#: 4-A Lens Used O55mm 085mm t 200mm nnocationesource: Jenkinsville Road Public Significance of Location/Place/Structure: Longitude: W 73 37 14 Jenkinsville Park/Recreation Fields Latitude: N 43 23 20 Location is not in the Adirondack Park Time Taken 11:24 am Distance to Structure: 0.5 miles _ .. .........._....... _......... Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y ❑ N F 2. Does the visibility of the tower interfere with or reduce the public's en"oyment and/or appreciation of the appearance if the place/structure/resource? Y N F0 3. Does the visibility❑of the tower impair the character or quality of the place/structure/resource? 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y[-1 N� Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, LocalorRegional Impact, Scale Calor, Form, Line,Texture of Tower/View) Tower only visible through existing tree canopy/opening for small portion of fields and parking lot near field house/concession stand ro,. _m .✓., rv. . w.16�eeari Street �� .✓,mxn .d„ .�- ,,,, r ..�a� :. �,.�, -waits 209- lens Falls,NY o 1299 P:518.792.9264 F.518J92.9282 www.visionengineering.org f/Ir' VC�N/�fjyN�./0/Lui, 4�Yy .Im k I is J I ,✓iWri?+yN r ,r o m m I, r' w I ,f " 1" 1 Oy"Al r i 'm , Al l i iV.i Nor Ad r s n 1� �b e, r 2 ,r ' W,01 as jjjjjjj r. i" � t w LU Rldfk r 11u! i r �r r � {jaf i VISION Bigineering CIVIL-STRUCTURALMUNICIPAL-ENVIRONMENTAL DATE: 6/18/13 PROJECT: New Cingular Wireless PCS, LLC _... _m. w.......m............ Photo#: 4-B Lens Used 55mm i 085mm 0200mm Location/Resource: Jenkinsville Road _...............m._.M.__..._..... Public Significance of Location/Place/Structure: Longitude: W 73 37 14 Jenkinsville Park/Recreation Fields Latitude: N 43 23 20 Location is not in the Adirondack Park Time Taken 11:24 am Distance to Structure: 0.5 miles �..........�...__.._ ._............ ..._.�.�w..aw.a Questions: � 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y 171 N 0 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N 3. Does he visibilNV/ f the tower impair the character or quality of the place/structure/resource? 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the placelstructure/resource that are similar to the proposed tower? Yn NF,(] Comments: (Visibility, Obstructions, Mitigation, Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of TowerNiew) Tower only visible through existing tree canopy/opening for small portion of fields and parking lot near field house/concession stand 16 Pearl Street-Suite 200®Glens Falls,NY 12601 -P,516.792.9264 Fa 516.792.9262 d www.visionengineering.org ? t r I , Bio M i IRi'''1414, ; i ( �V h 5 a, � la I (, �U tl itt r { y I LI I "Oti", u p P9 III, i��l, I I II I 1 PP, CIVIL-STRUCTURAL�MUNICIPAL� ENVIRONMENTAL 7 -­ .. n . , �_.�._ .VISION mm._ �.. — _.._. �._, . DATE: 8/7/13 PROJECT: New Cingular Wireless PCS, LLC _... ..._. ....... _. _. ..... Photo#. 5-A Lens Used: 55mm _ 85mm 0200mm Location/Resource: Dunhams Bay Marsh Public Significance of Location/Place/Structure: Longitude: W 73 38 41 Dunhams Bay Marsh -traversed navigable Latitude: N 43 25 45 waterway by canoe Time Taken 7:50 am Distance to Structure: 2.8 miles ............ Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y R N ✓❑ 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y F] N ✓❑ 3. Does visibility F,/ 4. the tower impair the character or quality of the place/structure/resource? 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? Y� NF ....._.. ... ...... .. ........ .... Comments: (Visibility, Obstructions, Mitigation,Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of TowerNiew) Distance from receptor to tower is good mitigator(2.8 miles) Tower barely visible by eye, more easily located with binoculars Uneven treeline/canopy on horizon mitigates appearance and visibility Location is open terrain due to wetland waterway, closer than 2.8 miles will be mitigated by vegetation and tree-line making tower no longer visible 95 Parti street Suite 200-Glens Falls,NY-12809® .518.792,92 F.518.792.9282 www.visionengineering.org ,,,,. R i; N� � �/� y 1611 i u ia 4 1 1�Oi f 1 l� 1614 �r i k ' r 1 i r1 Wi Boa, 5�� U u fl D l �a 1J' �ij i Wy " S w v SAO 1 a, 4r w"'+IN { u, go ow "MR ., 001 der �f ymi d �gi r„ � rta '/'„ ,y' r' Ulw 1� Sk/r m w r � I��fa ;„�. �� w•r tri A� /% % z tr at % T , ON 11 Al r r y av r /M, woO Ikk ! r y it Y vw OYPr �ry a .X f pA1'i // N /I rf f Ij / r For, „ w Iw r r e mor; w a IrV; rr rr� / - °r / A `r r a /100 rry /a Ye � mm� m err "'"�Pw,^"'w Poa rJ m r r�1�� Ii "QIP „A, w y M1 r Tho w" "ot''' r ny Af VISION Engineering CIVIL STRUCTURAL MUNICIPAL - ENVIRONMENTAL DATE:8/7/1 3 PROJECT: New Cingular Wireless PCS, LLC .M.-. ....._...... Photo#: 5-B Lens Used. 055mm 185mm 0200mm Location/Resource:YYm Dunharns Bay Marsh Public Significance of Location/Place/Structure: Longitude: W 73 38 41 Dunhams Bay Marsh -traversed navigable Latitude: N 43 25 45 waterway by canoe Time Taken 17:50 am Distance to Structure: 2.8 miles Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y ❑ N FZ 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y FJ N 3. Does the visiN lity of the tower impair the character or quality of the place/structure/resource? �✓ 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? YF] Na (Visibility, Obstructions, Mitigation, Tower Con Comments: (Vi � . -�mmITIT _. Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of TowerNiew) Distance from receptor to tower is good mitigator(2.8 miles) Tower barely visible by eye, more easily located with binoculars Uneven treeline/canopy on horizon mitigates appearance and visibility Location is open terrain due to wetland waterway, closer than 2.8 miles will be mitigated by vegetation and tree-line making tower no longer visible 19 Pearl Street Sulte 200 m GDens FaHs,NY 12801 P:518192.9264.F.518J92.9282 www.vislonengMeering,org ��� \ � � } \ � tj� � t U. z O � O f � � / . L . � O � \ . � � § 'I rjwo'sa r JJ i'6(r��f/ frrr/ wi ae1l, w 4 om j �IJLir %%l /✓ " w `� yllyd �( inAp `�Nylj Aljftkwar ni r / Jr� Y /�➢I��f�r��! f�/��y ���� ly��F r r /l/>yvir %y � t � �Ji�/l Hr?/r! �yN1y i r/i �1✓J� / ��Irvr!�a ��e'a i l /W, A RI�! v'IP7a ra ys a Asir �ry� wn Y v Mq �N r ofINImoy r /fhfilrr' 0 ,y� evi(yJ Sir �yy/ pm / /�r �' 9 � 7✓ / iyrr�ie�4 nt% � ami F a l 1�Jy4' r �l iii �✓e upO',0// wr /i/rrfA� OF / i ft /ir mpl �i ai�/�s/���i11j��✓/ ra � p 1 ^,� w r aw pr�� /i y re jg /r ,nn / i,rinr r�„ a„ VISION Engineering r � CIVIL.- STRUCTURAL«MUNICIPAL - ENVIRONMENTAL �MWNPoumiGluWWmIMMAIwIMdtl�mmmlWXNI1wuGWdllwmmlllA'ta.WWwwWItlN IUIMmIMI �uuuuulA�l m'MNJIwMIWllllmlm '"..•urleb°q'MM'4N'4wS14'iwiMNOm MIAiIY W.p'.Y.MIII'W'�WWW'Y'WWWu imumm4wl'umnw:wmumA'glu XY�I'b DATE: 8/7/13 PROJECT: New Cingular Wireless PCS, LLC Lens U�sed: 055m0Photo#�: 5 C Lens 55mm 85mm �200mm Y Public Si nificance of Location/Place/St _. Location/Resource: Dunhams Ba Marshl, g ructure: Longitude: W 73 38 41 Dunhams Bay Marsh -traversed navigable Latitude: _ N 43 25 45 waterway by canoe Time Taken 7:50 am Distance to Structure: 2.8 miles Questions: ...�..a�...-- � 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y N = 2. Does the visibility of the tower interfere with or reduce the public's enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N a 3. Does visibility the tower impair the character or quality of the place/structure/resource? 4. Are there other structures, utilities, buildings, or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? YFJ Na Comments: (Visibility, Obstructions, Mitigation,Tower Contrast, Local or Regional Impact, Scale, Color, Form, Line, Texture of TowerNiew) Distance from receptor to tower is good mitigator(2.8 miles) Tower barely visible by eye, more easily located with binoculars Uneven treeline/canopy on horizon mitigates appearance and visibility Location is open terrain due to wetland waterway, closer than 2.8 miles will be mitigated by vegetation and tree-line making tower no longer visible 007 .. . .. .16 Pearl Street Suite 200 Glens Falb NY12601 -P:518.792.9264 F:518.792.9282 www.visionengineerlrig.org �r II i 9,� Ilyi�l Pr i i i I iltl' ' I I I 1 w+ i I II l V Nib A J° I YY LL0 �} Cal IN LO II I'I I l I'�jl y �I N "I !I 'lo N,il'II III �, iY „yal w � a ' ui u � �!f u VISION Engineering CIVIL -STRUCTURAL MUNICIPAL ENVIRONMENTAL ENTAL DATE: 8/7/13 PROJECT: New Cingular Wireless PCS,LLC Photo#: $ Lens Used: 18mm I 85mm o200mm Location/Resource: Entance of Site Public Significance of Location/Place/Structure: Longitude: WWW _W . 73 37 32 Photo from east edge of Ridge Road across from ...,. Latitude: N 43 23 24 site entrance, widest lens used due to short Time Taken 10:00 am distance to entrance across road Distance to Structure: 350 ft Questions: 1. Does the visibility of the tower have a detrimental effect on the perceived beauty of the place/structure/resource? Y F] N 0 2. Does the visibility of the tower interfere with or reduce the publics enjoyment and/or appreciation of the appearance if the place/structure/resource? Y N Fvl 3. Does the visibiliytof the tower impair the character or quality of the place/structure/resource? 4. Are there other structures, utilities, buildings,or other such skyline projections in the horizon which are visible from the place/structure/resource that are similar to the proposed tower? YR Na Comments: (Visibility, Obstructions, Mitigation, Tower Cont...._....... or _.....io Color,ty g Contrast, Local or Regional Impact, Scale, Color, Form, Line,Texture of Tower/View) With proposed landscape berm and buffer along west side of Ridge Road only limited visibility of tower and compound as passing vehicle is in direct line of sight at entrance opening 15 Pearl Street Site 200-Glens Falls,NY-12801 «P:515.792.9254-F:518192.9282 www.visionengineering,org :.��w Yfi f a /i rr�it f fir IN W I r � uj SM IN OR f I I i is f f r t (ii i a � ppyyo� i I i i; as LLJ15„ z r ' W r//RTQ ter , J II ,i l , T 0 CL I % FIN, " , c C) fr <L U- w LIJM I N�, r ,,EN, ua i �u W CL I i 4W riir � CI Z �Ip h t� g Ul CK a.ii W fl//fi f/l/o00 a. ///i, j/"� ` r ce LuUl �. 00t o x,;�li f �y�r f� �; f„ ° 9illll`i�l r ��� ri f / 4 uj tflf�' 0 � uj W F fCL w f � I lgj, (0 LL LUNI LL W = 0. ; . . yy .y . < J '. 2 "w I II I �i , 1 I LU MV 41 , �r LL , P 9 i /ii UJ N co I I. � � LU I I r f l / i LL Oval !r f 1f 1 1% yrs i pf' BALLOON FLOAT SITE PHOTO 6/18/2013 AF?IDAvi'r or PUBLICATION State of New York County of Warren Shannon Christian being duly sworn that she resides in the Town of Westport, County of Essex, New York and that she is the Agent of the NEWS-ENTERPRISE a weekly newspaper published at North Creek in the County of Warren, and that the notice, a printed copy of PUBLIC NOTICE Is hereby given"that New which is hereto attached, was printed in said pCSu LLC �{/"A-r NEWS-ENTERPRISE has filed or is planning on the followingdates (o file applications dor : a proval with the Town of Queensbury and APAproposing 06/15/201.3 the construcllon,oper- ation, and mainte. unmanned public util ty/personal wireless service facility, to Include an approxi- 5&ethis 17th day of 3une , 2013 mately 130 ft. tall monopole tower,on a 10,000+1- sq. ft, por- , tion of lands n!f owned 1,. � �f1 1� `, '�' by John Kubrick & Agent 1359 Inc. located in the Town of Queensbury, County of Warren, State of New York (Tax Ma Parcel No. 279-1-48. Sworn t befo e me t s 17th day of June 2013 PUBLIC NOTICE is further hereby given that the Applicant will conduct a visual impact assessment Notary Public utilizing a "balloon float" at the site on June 18, 2013 between ft approxi- mate hours of 9:30 Gayle M. Alexander a.m.and 1:30 p.m.In Notary Public, State of New York the event that poor weather conditions or No. OlAL4977709 other factors require a rescheduling of this Qualified in Essex County balloon test,the alter- native date will be June 19, 2013, betCommission Expires 02/11/2015 mate h the of 9,3- g mate hours of 9:30 18016 a.m. and 1:30 p.m. It should be understood the start and finish times of the balloon test may vary and are approximate. NE-6/15/2013-ITC- 52471 E-6/15/2013-1TC- 52471 WARREN COUNTY AFFIDAVIT STATE OF N F W YORK: 'PUBLIC NOTICE Is hereby given that Now Cl, ular yytroless, an, LLC((Z&T' has filed or is County of Warren,ss: plannlr►gi to II applications for appprova with the Town of Ltueensbury and APA proposing the conatruction,operation,and maintenance of an unmanned public utirrtyJ ersonat wireless Sabrina King being duly sworn, service taaii�yyy,to include an tower, nsa 10,000 I 3o+/qI ft.pormonopitle on of lands rvt owned by John Kubric�y&Sats Inc.locatad at says that(s)he is an authorized designee for Lee Entel arises; ubiishers or"I'1 IF_. 135s Ridge Road to the Town of g p Queensbury.Gounty of Warren, State of New York tTax Map Parcel Poli-S CAR.it(fatly newspaper published in Glens Falls, Warren County, State of fusto.er he 8).PUBLIC t the E Is lurcher heresy given that the Applicant wtif conduct a visual New York,and that the printed notice attached hereto was cut iivm the said Fallot assessment utilizing a 'balloon fbaC at the eftse O on Juno 18,2013 between the a proximate POST'-STAR.and that the said notice was published therein,namely �n the eve that poora ea therm conditions or other factors require a rescheduling of itis balloon test, f i± the alternative date will be June f (" t9,2011 be eon the approximate ._r ". 1 1,� 1 C� L�. E?t 7G? ig 7 CJ.t c�C r + r Ct ' hours of 9:3o a.m.and t:3o p.m• It should be understood the start mayyftest vaB�yhand arofaph{e�oxlmate. PUB:JUNE 12,20 2x13 Sianed this Id day of t � 2013 Sworn to before the this � (lay of . 2013 0f,`iew Yofi4 ;x'1:3;3976 19,2013 WARREN COUNTY AFFIDAVIT ' - STATE OF NEW YORK: County of Warren,ss: 'PUBLIC N�CEIS hereby gi�von that Neve Cingutar Wireless,PCS, LLC((AT&T" has filed oris plaonln�to iiia applications for Sabrina King beim;(Tilly sworn, growl with the own of C Ueensbury arld APA proposing the construction,operation,and maintenance of an unmanned public utillly!parsons)wireless says that s}he is an authorized designee far Lee Enterprises,publishers of'I'I 1F service fa a 13 include o { � I ,{ approximate 130 t1.tall monopole tower,on a 1101,000+l-sq.IL portion I'()S"i'-S'i'AR,a dally newspaper SI)aI)et'publislleCl in(7Ie1)S Falls.1Vfll't'en CUllllly, S1illC Uf of Kuby John bilcky ds&Sons Iwnenc.located at- 1359 Ridge Road In the Town of New York,and that the printed notice attached hereto was cut from the Said Queensbury,County of Warren, } State of New York lTax Map Parcel No,279-1-48).PUBLIC NOTICE is POST-STAR.and that the said notice was published thercill�namely further hereby gluon That the P Applicant vrf9 conduct a visual impact assessment uYrllsing a 'be lloon iloar at the site on August 7.2013 between the 77 approximate hours of 8:00 a.m. and toe a.m.In the event that ppoor we conditions or other this balloon testa,the altemative i data will be August 8,21113, f A ? betd4een the approximate hours of t 2013 b' n� ntrt Should uood the start finish --- times of the balloon test may vary and are apprST 2,2013oximale. Sighed this +x - _ clay of }�.(,�r �? 2013 PUB:AUGU S►iral•n to before n1c this day of .__ >J J 2013 { 1 y ) i`lotc2t�+t'i-i''i s State of Nei°f Yort� iso.t;1COSt391f, c :rahifiecl Iii=>"rtntl CoUnty 'r snpl.119.?013 i Exhibit H 0�1 NETWORK ENGINEERING 1762 CENTRAL AVE ALBANY, NEW YORK 12205 SITE JUSTIFICATION QUEENSBURY EAST TOWN OF QUEENSBURY,WARREN COUNTY, NEWYORK ATT proposes to install a wireless communications facility("cell site")on the proposed 130' monopole to be located at 1359 Ridge Road, in the town of Queensbury,Warren County, New York.The site we will call "Queensbury East" is specifically designed and ideally situated to improve ATT's in-car coverage along NYS Route 91, NYS 149, CR 7 and to provide in-building coverage to the surrounding residential neighborhoods along Moon Hill Rd and Sunnyside Rd and the Queensbury Country Club golf course.The major objective o the Queensbury East site is to fill the In-car coverage hole between existing Queensbury&Fort Ann AT&T sites along NYS 149. The secondary objective of this proposed site is to extend the connecting coverage north on NYS 9L Ridge Rd and CR 7 Bay Road connecting with our Pilot Knob site at Lake Georges Dunham, Harris,and Warner Bays. Additionally,this site will serve to significantly offload far away traffic/customers presently served by our Glens Falls site atop the Cronin High Rise r the Glens Falls Civic Center. The 3G network(UMTS 850 MHz) radio frequency(RF)predicted signal propagations irwJuded herein depict the existing and proposed future coverage at varying signal strength thresholds represented In levels from -75 dBm to-95 dBm. Sufficient service levels are those consistent signal strengft required In order make and, maintain good audio and data speeds. These set levels prevent fall.d access or origination call attempts, as well as prevent frequent dropped calls, lost data sessions and/or poor or garbled audio conditions. The existing coverage levels(Exhibit 3)for the majority of the residential areas to be served by the Queensbury East site are presently near or below the- 5 darn threshold which will result in no servke conditions while in-building due to additional signal losses from penetrating typical wood construction houses. Signal strength of-85 dBm or greater is required to maintain consistent and adequate service inside residential construction. Similarly,the intermittent-95 dBm signal levels serving the northern section of the Town of Queensbury, along Route 149 and 9L, are not adequate to sufficiently penetrate commercial construction consisting of block, masonry brick, and metal sheathing. Signal three of-75 d8m and better are necessary to reliably penetrate these buildings. (Note, the lower the number, the stronger the signal.) Additionally,areas of County Road 7 and Lake Sunnyside have signal levels as weak as-95 d8m and are historically troublesome to ATT users experiencing call drops,particularly during summer months due to the heavily wooded areas and Intervening terrain. Wireless communications technology is essentially a line-of-sight technology. As such, wireless communications antennas must "see" the area to be served. Topography, vegetation and human-made Improvements obstruct a wireless telecommunications signal, thereby limiting the height and location where the facilities and antennas may be installed to overcome such obstructions. The surrounding tree canopy in the immediate vicinity of the proposed tower have AMSL of 596'. The proposed location with an antenna height of 126' and AL of 611' provides sufficient coverage along Route 149 and Route 9L plus provides better coverage for subscribers in the Town of Queensbury(Exhibit 5). The radiation center of 226' allows antenna height to be just above tree line and hence provide much better transmission of radio signals by providing less signal loss. (See AT&T Propagation Study, Pages 2-3). The SBA tower located at 22 Westcott Rd and Vox tower located off State Route 149 does need meet the coverage objectives stated above.Propagation study analyses for these towers are represented in Exhibits 6 and 7.All RF predictions in this study were calculated using Forsk's Atoll software which provides the plots and data to show the proposed location is the best location, The Atoll radio planning tool is employed to predict receive signal levels based on path loss predictions via a standard propagation model (SPM), tuned/calibrated using continuous wave(CW)transmitters, considering the new sites' specific morphology type(urban, suburban, rural) and clutter or RF obstacles types (building height, density,trees, etc shown In Exhibit 1) and nearby terrain (flat, hilly, mountainous). The studies included herein were using the suburban morphology model. Lastly,in reviewing our customer locations and customer reported troubles there are greater concentrations of each inthe coverage footprint provided by this proposed site. Thus,in order to provide robust wireless services achieving data speeds necessary to deliver the web,video, and social content applications smart phone users and increasingly remote workers are requiring in the vicinity of this northeast area of the Town of Queensbury,AT&T Is applying to Install a wireless facility to be collocated on the proposed monopole located at 1359 Ridge Road. An AT&T cell site at this location with antennas at 126'on the proposed tower will meet,to the fullest extent practicable,the required coverage objectives for this area. Upon completion,AT communications facility will enhance the public welfare in the Town of Queensbury and surrounding areas by providing residents, government, businesses, and the travelling public with a modern, more efficient system of communications for police, fire and other emergency or non-emergency use. �­ Rmsh Shah Radio Frequency(RF)Design Engineer AT&T Mobility Dated:July 9,2014 L1:9 ElAlbill Exhibit 1:Clutter/morphology types. Exhibit 2:Terrain Exhibit 3:Existing Coverage in and around town of Queensbury Exhibit 4:Planned Coverage with Hudson Falls and Route 9 NSB's Exhibit 5:Proposed Coverage with Queensbury East NSB Exhibit 6:Coverage with SBA tower at 22 Westcott Lane Exhibit 7:Coverage with Vox Tower at State Route 149 1� r iI f� I mlu�� r m. uI 11 oma � � r lU�l a mf Wu... uwuWlw mry b, eta wh Ys .gym .. oww m �ullll c �n ki I �Y ,i eiv/az i, it f i �r. . 1 r rx w~ f � I uj f u ' ui r Q � � L") z W m ? 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This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of the State of New York. PHILLIPS LYTLE LLP OMNI PLAZA Pamela J.Vogel 30 SOUTH PEARL STREET Warren County Clerk ALBANY NY 12207 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration') is made as of the signature date below("Effective Date")by Queensbury Country Club,Inc.,with a business address of 907 State Route 149, Queensbury,New York 12845 ("Declarant"). Background A. Declarant is the owner of the following parcels:(1)real property consisting of approximately 18.79+/-acres of land,located on Ridge Road,Queensbury,New York,having the tax designation 279.-1-49 on the Town of Queensbury Tax Map("Parcel One");and(2)real property consisting of 29.25+/-acres of land, located at 907 State Route 1.49,Queensbury, New York,having the tax designation 279.-1-54 on the Town of Queensbury Tax Map("Parcel Two") (collectively,the"Properties"). The Properties are further described in the legal descriptions attached hereto as Exhibit"A"and are depicted on the site plan attached hereto as Exhibit`B" (the"Site Plan"). B. John Kubricky& Sons,Inc.("Kubricky")is the owner of approximately 9.38+/- acres of land located at 1359 Ridge Road, Queensbury, New York, as depicted on the Site Plan (the"Kubricky Property"),which Kubricky Property is adjoined to the Properties. Kubricky wishes to lease to New Cingular Wireless PCS,LLC(`AT&T"),and AT&T wishes to lease from Kubricky,a portion of the Kubricky Property. AT&T will construct a communications tower (together with any and all replacements thereto,the"Tower")on the Kubricky Property,for use in connection with its communications business. C. Because the Kubricky Property is located within the Adirondack Park,AT&T must make an application to the Adirondack Park Agency("APA")for a permit in order to construct and operate the Tower. As a condition of its approval of AT&T's application and issuance of its permit,the APA requires this Declaration so that the visual impact of the Tower is reduced by establishing certain restrictions applicable to the Affected Area,as hereinafter defined. D. The portion of the Properties described in Exhibit"C", attached hereto and made a part hereof and depicted on the Site Plan (the "Affected Area") contains certain trees (each a "Tree" and collectively, the "Trees") that restrict the view of the Kubricky Property from the nearby roads,including State Route 149 and Ridge Road. E. Declarant desires to preserve the Trees and reduce the visual impact of the Tower on the Properties by establishing certain restrictions applicable to the Affected Area. Furthermore, Declarant believes the construction of the Tower by AT&T is in the best interest of Kubricky and the public good,and wishes to provide this Declaration so that the APA will approve AT&T's application and issue its permit. Record and Return to: PHILLIPS LYTLE LLP OMNI PLAZA 30 SOUTH PEARL STREET ALBANY, NY 12207 -2- F. This Declaration is made and done in contemplation of AT&T making applications to the APA and the Town of Queensbury for approval to construct and operate the Tower. NOW,THEREFORE, Declarant hereby declares as follows: 1. Except as hereinafter set forth, no Tree(s) shall be purposely destroyed or removed from the Affected Area without prior written permission of the APA. 2. Notwithstanding any other provision contained herein, Declarant reserves the right to remove dead Tree(s)from the Affected Area, and to maintain the same including,but not limited to,the pruning of any Tree(s) in order to maintain safety and to protect and preserve the Affected Area, 3, This Declaration shall run with the land and inure to the benefit of Kubricky and AT&T, and their respective successors and assigns, and to the APA to the extent stated herein,and shall be binding upon Declarant and all future owners of the Affected Area, and upon each and every tenant,subtenant, invitee and licensee thereof. Prior to the APA's approval to AT&T for the construction and operation of the Tower, the Declaration cannot be modified or terminated without the consent of Kubricky and AT&T (or their respective successors and/or assigns). Once the APA grants approval to AT&T for the construction and operation of the Tower, this Declaration shall not be modified or terminated without the consent of Kubricky, AT&T and the APA (or their respective successors and/or assigns). If the APA has not granted such approval by 3 years following the Effective Date, then Declarant may terminate this Declaration; provided, however, any instrument terminating this Declaration must include, as an exhibit thereto,written documentation from the APA stating that either: (i)AT&T's application has been denied; (ii) the APA has otherwise not acted on AT&T's application; or (iii) AT&T has withdrawn its APA application for the Tower. [Remainder of this page intentionally left blank] -3 - IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed as of the date first above written. WITNESSES: QUEENSBURY COUNTRY CLUB,INC. By: am tt Smith itle: resident Dater STATE OF NEW YORK ) }ss.: COUNTY OF WARREN ) On the L2 day of­34►N GA&r in the year 20Wbefore me,the undersigned,personally appeared Scott Smith, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. Signature and Office of Individual taking acknowledgment FRANCINE A BUSER Notary Public-slate of New York NO.01 BUS305178 Oualitied in Saratoga County My Commission Expires Jun 2.2018 EXHIBIT A Descriptions of the Properties Parcel One ALL THAT PARCEL OF LAND located in the Town of Queensbury, Warren County, New York, consisting of 18.79±acres,and being a part of 2,000 acres of land granted to John Lawrence and others as more particularly shown on a map,the details of which are as follows (the"Map") Title "Map of a Survey made for John L&Edith L Bowman&Eleanor L Bowman" Dated April 29,2003 Surveyor Van Dusen &Steves Land Surveyors, 169 Haviland Road,Queensbury, New York 12804,License No 50135 Filed July 13,2003,Warren County Clerk's Office Map File Plat B-229 AND more particularly described as follows BEGINNING at a capped iron rod set located on the westerly boundary of Ridge Road NYS Route 9L(hereinafter"Ridge Road"),which point is the southerly point of the parcel conveyed on Ridge Road,as shown on the Map,and then running the following six(6)courses and distances (1) North 81 degrees 12 minutes 50 seconds West a distance of 487. 54 feet along lands now or formerly of John Kubricky&Sons,Inc to a point for a corner marked by a capped iron rod set,then (2) North 9 degrees 7 minutes 4 seconds East a distance of 1,247.40 feet along lands now or formerly of Queensbury Country Club to a point for a corner marked by an iron pipe,then (3) South 81 degrees 42 minutes 56 seconds East a distance of 655.84 feet along lands now or formerly of Eleanore L Bowman and now or formerly of John L Bowman and Edith L Bowman to a point for a corner marked by and iron pipe, then (4) South 8 degrees 17 minutes 4 seconds West a distance of 1,119.35 feet along lands now or formerly of Dale Baldwin to a point for a corner on the westerly boundary of Ridge Road marked by a capped iron rod set,then (5) South 63 degrees 44 minutes 51 seconds West a distance of 146.13 feet along the westerly boundary of Ridge Road to a point,then (6) South 61 degrees 30 minutes 45 seconds West a distance of 82.45 feet along Ridge Road to the point of beginning. CONTAINING 18.79 acres of land,more or less. Parcel Two ALL THAT PIECE OR PARCEL OF LAND,situate in the Town of Queensbury, County of Warren and State of New York,bounded and described as follows; ALL that portion of those premises described in a certain Deed from Walter D. Swainson to Walter D. Swainson and Ruth E.Swainson,dated May 23, 1950 and recorded in the Warren County Clerk's Office on June 17, 1950 in Book 288 of Deeds at page 483, lying southerly of the southerly line of what is known as the Farm to Market Road in said Town of Queensbury and more particularly described as follows: BEGINNING at a point in the southerly line of said road, which point lies 350 feet westerly of the point of intersection of the easterly line of the premises described in said deed of May 23 1950 with the southerly line of the aforementioned Farm to Market Road,and from said point of beginning running southerly and at right angles to the southerly line of the aforementioned road 200 feet;thence westerly and parallel with the southerly line of the aforementioned road 200 feet;thence northerly and at right angles to the aforementioned southerly line of said road 200 feet to the southerly line of said road,thence easterly along the southerly line of said road 200 feet to the place of beginning. EXHIBIT B Site Plan YORK STATE ROUTS 149 5 a' I.�rwa rm.arlwrrraxrw xaw I.VImM/M ollt� n• ,y. I wr�rr aµ ara®I�mwnn w .o.a ww rutlMOt YV P amMlln mrrlll.Cl! rN!/Irr •In.n.d.. uwmwas r K I C. NG ff E41B61I uvs cca •A1r6rm ARG' MG Or BtlpBR arl sewn. •Mrtu®nuc.• � i 1 S 3 LAN A Ap wet��.ra rn• ' t V OIL Dit$B,� li,)d YhOMIi MOL PMIUMt b E Steven — DMl�idl0e0b P�1 rr Land Surveyors lU MIFF V Flereq�M fle! 1M trr K FII*I�q.Lrea a�Y.M Trk NFYN MfieY Or► WS EXHIBIT C Affected Area All that land lying and being in the Town of Queensbury, County of Warren, State of New York, bounded and described as follows: Affected Area of Parcel One All that certain piece or parcel of land situate, lying and being in the Town of Queensbury,County of Warren and the State of New York,more particularly bounded and described as follows:BEGINNING at a point in the southwest corner of the lands of the Queensbury Country Club Inc. as described in book 1405 of deeds at page 161 in the northerly bounds of lands now or formerly of John Kubricky and Sons Inc.property and at a point on said line 491.38 feet westerly as measured along said line from a capped iron rod set in the westerly bounds of Ridge Road,NYS Highway Rte 9L; running thence North 08 degrees, 02 minutes and 43 seconds West,along the westerly bounds of said lands of Queensbury Country Club Inc.,as described in book 1405 of deeds at page 161,a distance of 130.08 feet to a point therein for a corner;thence running easterly and southeasterly along a curve to the right having a radius of 200.00 feet,a distance of 224.55 feet to a point in the southerly bounds of said lands of Queensbury Country Club and the northerly bounds of lands of John Kubricky and Sons Inc.; thence running along said lands,South 81 degrees,37 minutes and 22 seconds West,a distance of 169.35 feet to the point and place of beginning,containing 0.35 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. Affected Area of Parcel Two All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County Warren and the State of New York,more particularly bounded and described as follows:BEGINNING at a point being the southeast corner of the lands of the . lands conveyed to Queensbury Country Club Inc.by deed recorded in book 370 of deeds at page 108,being also in the northerly bounds of lands of John Kubricky and Sons Inc. and at a point in said line 491.38 feet westerly as measured along said line from a capped iron rod set in the westerly bounds of Ridge Road,NYS Highway Rt. 9L;thence running along said lands of Kubricky,South 81 degrees,29 minutes and 11 seconds West,a distance of 206.27 feet to a point in the southerly bounds of said lands of Queensbury Country Club Inc.;thence running northeasterly through the lands of said Queensbury Country Club Inc., along a curve to the right having a radius of 200.00 feet,a distance of 263.38 feet to a point in the easterly bounds thereof and the westerly bounds of the lands conveyed to Queensbury Country Club Inc.by deed recorded in book 1405 of deeds at page 161; thence running along said westerly bounds, South 08 degrees, 02 minutes and 43 seconds East,a distance of 130.08 feet to the point and place of beginning,containing 0.47 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. Doc No:903231.1 Exhibit J VISION Engineering CIVIL-STRUCTURAL s MUNICIPAL- ENVIRONMENTAL �;.....,sa ..,:r:zcu.m ��:.,,.+t�,re amrr� .xr ..,.r�;,*x��..mmw..,..•. . w�wwuw�wiww�w�uwwwuwuuwuwuuwwwuuuw�uu�w,umr�mmiwd�wwiwuwuw��u ���•,, .�::a,••� oo i�.• c...�v. .,,&.,�.,...w.,�::: ��,� ,, � wnmuw�mm��moorem � uvv—ur miumm�m�mmummooa, a ow�w�wiiu��� �m TREE INVENTORY AND AVERAGE TREE HEIGHT ASSESSMENT PREPARED FOR New Cingular Wireless, PCS, LLC (AT&T) 5841 Bridge Street East Syracuse, NY 13057 FOR THE PROPOSED 130 FT MONOPOLE TELECOMMUNICATION TOWER LOCATED AT: Property of John Kubricky & Sons 1359 Ridge Road Queensbury, NY 12804 County of Warren it i' BY: VISION Engineering, LLC 16 Pearl Street, Suite 200 Glens Falls, NY 12801 September 22, 2014 16 Pearl Street Suite 200 Glens Falls,NY w 12601 -P:510,792,92 *F:516.792.9292 � www.visionengineering.org �-,�; A i SUMMARY This report provides information pertaining to existing trees and their corresponding heights for the area surrounding the proposed telecommunications tower. More specifically, an area which encompasses a 200 ft radius from the tower center point was field surveyed for all trees in excess of 8-inch caliper DBH. Each tree observed within this area was accurately measured for diameter and height in order to inventory the existing vegetation to remain, and which corresponds to the designated "no-cut" zone depicted on the site plans. METHODOLOGY OVERVIEW In order to accurately inventory the existing trees a field survey of the "no-cut" area was completed and flagged. Flag markers were installed at each of three property line intersections and every 25 ft along a 200 ft radius from the proposed tower location. Subsequently field observations were conducted to measure and identify each tree which existed within the restricted area which is of 8-inch caliper DBH or greater. Upon completion of the observation phase to locate and inventory trees which met the size criteria, a field survey was completed to locate each tree for mapping purposes. Once the trees were inventoried and mapped, survey data for each tree was obtained using a CST/Berger 56-DGT10 Digital Transit. Refer to the schematic below for data measurements and corresponding height calculations. - .....w...,._...... HORIZONTAL ONTAL DI STANCE Dh­­­­---­­­ TREE h _..._.....,TREE HEIGHT=H1 +H2 H1 =DIRECT MEASUREMENT FROM GRADE H2=TAN 0 X Dh 04 w , 02 - HORIZONTAL DISTANCE Dh— TREE HEIGHT=H1 +H2 H1 =TAN 01 X Dh H2=TAN 82 X Dh 16 Pearl Street a Shite 200 Q Glens Falls,NY+129091-P:5190792.9264 F:619.792.9292 Swo www.visionengineering.org .... ......... The goal of the assessment was to determine the average co-dominant tree canopy height and average dominant tree canopy height. Co-dominant trees were determined to be those trees that have a crown extending through the forest canopy however the tree canopy receives direct sunlight from above but has limited direct sunlight from the sides. Dominant trees were those trees that extend their crown above the co-dominant tree canopy. At the time of the field survey, the forest canopy was dense with leaves. Based upon the visibility of the tree-tops and ability to accurately depict individual trees, it is estimated the accuracy of angle measurements were to the nearest degree. Horizontal distances were measured using survey equipment and a laser measuring tool, providing an accuracy of up to the nearest tenth of a foot. Based upon the overall level of accuracy and significant vegetation present during the survey period, the calculated heights of trees are estimated to be accurate to within+/-5 ft. ANALYSIS RESULTS Included in Exhibit A is a map depicting the existing trees meeting the study criteria of 8-inch diameter and within the 200ft no-cut radius from the proposed telecommunication tower. Included in Exhibit B attached is the recorded data for the assessment with corresponding calculations for the determination of individual tree heights. The predominant trees within the restricted area consisted of oak, maple and beech, with scattered birch, hemlock and pine throughout. It is noteworthy to point out much of the restricted area was barren and without vegetation where the active borrow pit still exists. Nearly all of the trees included in the data and assessment were north of the proposed tower location. Based upon the obtained data and subsequent analysis and calculations, the average co-dominant tree canopy height was determined to be 60 feet, and the average dominant tree canopy height was 69 feet. Daniel W. Ryan, P.E. VISION Engineering, LLC Digitally signed by Daniel W.Ryan P.E. Date:2014.09.24 08:03:41-04'00' EXHIBIT A ; T41 EXISTING TREE ®T21 T24*T28 T38 ®T47 I � •T6 WITHIN RADIUS °T17 * 54 WITH 8"CALIPER a T24 T49• aT53.`f57 P6 °T18 T33 'T39 ®T521 T64T74 T74 T79 DBH OR GREATER ®T13 T29 '45 T40 T63`• .T6T10 T12 T15 ..'T32 T56�'T62 °T73 ® T31 0 2 T5 °T9 'T19 T25 *T43 •T46®r P7 T87 13 •T35 •T44 •Tp1 ° °T72 °T8 °T20 T26 0T36 T81 •T11 ®T16'T22p °T41T55OT61 T67 T77 l9 T3 -T3 8 T69 �T78 •T89 . • T85 . .� 125T123 •T121+T4 T7 °T14 °T23 * 'T37'T45 °f 50 T71 T12 T1 T120 • •T117T116• *T34 •T60 P1 •T75 T84paT12� ®'I'1 1 .9. _T118 ft T127' °T115°T113 s T`�8'• 5A66 176 T82{T83T8X� T114 �- '�57 •T70 T101•T103 •T105 T94 ®T10 .T86 T91 °T128 T99 'T8 z T106. t �T1d4 J93 �TT.yOZ'T92 T9 01, 11099 - --SURVEY INSTRUMENT SETUP LOCATION, ,T129 TYP P8 PROPOSED DIUS MONOPOLE 200 FT RA "NO-CUT'ZONE TOWER LEASE AREA -..J OUTLINE OF PROPOSED ACCESS AND ASSOCIATED EASEMENT TREE INVENTORY & ASSESSMENT 1 INCH=50 FEET GRAPHIC SCALE 50 0 25 50 100 200 k (IN FEET) 1 INCH=50 FT. 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O N N m dm' m 0 0 0 w4 ha,,; N N N N N N N N H N N N N N N m M O a i0 of v m m 0 N N 01 O O n 0 Ot O n N 0 Ol n n N O n N N C oo N OlhD [tl M N p N 0 m y 'R m m M m N N N N N N m m � a Q try t!f N N h m N h M N N N N M V1 N H M N m N N N N Vf O �0 O N rf eel N N N N N N N rl N N N N H N N N N t-1 Ol m N h u1 ul O t0 �O O n n t0 �y O O m O O M m a ri �O : V �t) M m Vl n n wN m tt) m Yt N o m ep Y O O N m n m U1 m m 0 N O A n 6 a Q Yj S (a Y V m 6 m m Y Y Y Y Y Y!0 ^ ^ ^ S to u E f 2 m m u c f 1 s -9 .2 aa s x x > > 3 } x x x x x x x x x x -I- I-IX X1 x x x x x -1-1-xx N x V N N-m N lT N g O 41 th g m w m .+ Lr! . 17! m of I of N N eni N m w m m m m m N N m m m N N m N N N m m x 01 N a of O m O n 01 M N N t0 m n t0 N O n M V nO Ol QI O M M l!1 M m N m N N N m V m N N N m m N N cr1 n m N w 10 II It L t m m Y N N m O n a Ol M QI N M p ~ u1 1n O m m O n n n t0 �y O O L yl Ol m N N 00 O O th 00 a rj b t` V N n m m m w ul fYl tD V t0 M N tl1 et M � s} O O N M IA m n Ol O1 D• N O c c e c .£ E o' o N u m m m m m m m m m m m m m m m m m m m m m m m m m m 6 Exhibit K. 60001 41. ftt&t September 5,2013 RE: Application of New Cingular Wireless PCS,LLC d/b/a AT&T(Tax Map Parcel No.279.-1-48) Ladies and Gentlemen, With respect to the above application,and pursuant to Town of Queensbury Town Code Section 179-5-130, Telecommunications Towers J(I),AT&T Mobility,Inc.agrees to construct a tower facility that is designed with capacity for co-location use by at least two(2)wireless providers.in addition to AT&T. Should the tower be approved and constructed,the tower owner will negotiate in good faith with other licensed wireless service providers for future shared use of the subject wireless communications structure. All futtre co- locations will be subject to both parties reaching agreement on reasonable terms,and there being adequate structural capacity and space to accommodate such co-location. R Thank you for considering our application. Melissa Semidey Sr.Real Estate&Construction Manager Network Operations for Upstate New York AT&T Exhibit L _ r R Phillips Lytle LLP Certified Mail/Return Receipt Town of Fort Ann July 23,2015 Town Board 80 George Street Fort Ann, NY 12827 Re: Town of Queensbury,New York Required Notice to Neighboring Municipalities of an Application by New Cingular Wireless PCS, LLC ("AT&T") for Site Plan Review from the Town of Queensbury 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, New York Dear Members of the Town Board: We represent AT&T with respect to the above-referenced matter. Chapter 179-5-130 of the Town of Queensbury Code requires an applicant for new wireless communications facilities to submit written notification of its application for the same to the legislative body of all adjacent municipalities. Thus,we hereby submit this letter to advise you that AT&T has submitted an application for the Proposed Facilities to the Town of Queensbury Planning Board. Respectfully, Phillips Lytle LLP By 77 0,q � Pry Thomas F. Puchner PTFDoc#01-2879035.2 ATTORNEYS AT LAW THOMAS F. PUCHNER, PARTNER DIRECT 618 472 1224,EXT 1245 TPUCHNEROPHILLIPSLYTLE.COM OMNI PLAZA SO 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, OC I CANADA:WATERLOO REGION I PHILLIPSLYTLE.COM _ R Phillips Lytle LLP Certified Mail/Return Receipt Warren County Emergency Services July 23, 2015 1340 State Route 9 Lake George, NY 12845 Re: Town of Queensbury,New York Required Notice to Neighboring Municipalities of an Application by New Cingular Wireless PCS,LLC ("AT&T") for Site Plan Review from the Town of Queensbury 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,New York To Whom It May Concern: We represent AT&T with respect to the above-referenced matter. Chapter 179-5-130 of the Town of Queensbury Code requires an applicant for new wireless communications facilities to submit written notification of its application for the same to the legislative body of all adjacent municipalities. Thus, we hereby submit this letter to advise you that AT&T has submitted an application for the Proposed Facilities to the Town of Queensbury Planning Board. Respectfully, Phillips Lytle LLP By "U" 44'0� 111� Thomas F. Puchner PTFDoc#01-2877634.1 ATTORNEYS AT LAW THOMAS F.PUCHNER,PARTNER DIRECT 518 472 1224,EXT 1245 TPUCHNERQPHILLIPSLYTLE,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 _ R Phillips Lytle LLP i i Certified Mail/Return Receipt Town of Lake Luzerne July 23,2015 Town Board 539 Lake Avenue Luzerne, NY 12846 Re: Town of Queensbury, New York Required Notice to Neighboring Municipalities of an Application by New Cingular Wireless PCS, LLC ("AT&T")for Site Plan Review from the Town of Queensbury 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,New York Dear Members of the Town Board: We represent AT&T with respect to the above-referenced matter. Chapter 179-5-130 of the Town of Queensbury Code requires an applicant for new wireless communications facilities to submit written notification of its application for the same to the legislative body of all adjacent municipalities. Thus,we hereby submit this letter to advise you that AT&T has submitted an application for the Proposed Facilities to the Town of Queensbury Planning Board. Respectfully, Phillips Lytle LLP By Thomas F. Puchner PTFDoc#01-2879035.7 ATTORNEYS AT LAW THOMAS F.PUCHNER, PARTNER DIRECT 518 472 1224,EXT 1245 TPUCHNERGPHILLIPSLYTLE.COM OMNI PLAZA 30 SOUTH PEARL STREET ALBANY,NY 12207-1425 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 R Phillips Lytle LLP Certified Mail/Return Receipt Town of Fort Edward July 23,2015 Town Board 118 Broadway Fort Edward, NY 12828 Re: Town of Queensbury,New York Required Notice to Neighboring Municipalities of an Application by New Cingular Wireless PCS, LLC ("AT&T") for Site Plan Review from the Town of Queensbury 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,New York Dear Members of the Town Board: We represent AT&T with respect to the above-referenced matter. Chapter 179-5-130 of the Town of Queensbury Code requires an applicant for new wireless communications facilities to submit written notification of its application for the same to the legislative body of all adjacent municipalities. Thus,we hereby submit this letter to advise you that AT&T has submitted an application for the Proposed Facilities to the Town of Queensbury Planning Board. Respectfully, Phillips Lytle LLP By Thomas F. Puchner FTFDoc 401-2879035.4 ATTORNEYS AT LAW THOMAS F. PUCHNER,PARTNER DIRECT 618 472 1224,EXT 1246 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 .r R s Phillips Lytle LLP Certified Mail/Return Receipt Town of Moreau July 23,2015 Town Board 351 Reynolds Road Moreau, NY 12828 Re: Town of Queensbury, New York Required Notice to Neighboring Municipalities of an Application by New Cingular Wireless PCS, LLC ("AT&T")for Site Plan Review from the Town of Queensbury 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, New York Dear Members of the Town Board: We represent AT&T with respect to the above-referenced matter. Chapter 179=5-130 of the Town of Queensbury Code requires an applicant for new wireless communications facilities to submit written notification of its application for the same to the legislative body of all adjacent municipalities. Thus,we hereby submit this letter to advise you that AT&T has submitted an application for the Proposed Facilities to the Town of Queensbury Planning Board. Respectfully, Phillips Lytle LLP By Thomas F. Puchner PTFDoc#01-2879035.4 ATTORNEYS AT LAW THOMAS F.PUCHNER,PARTNER DIRECT Sig 472 1224,EXT 1245 TPUCHNERQPHILLIPSLYTLE.COM OMNI PLAZA 30 SOUTH PEARL STREET ALBANY,NY 12207-3425 PHONE 515 472 1224 FAX 515 472 1227 NEW YORK:ALBANY,BUFFALO, CHAUTAUQUA,GARDEN CITY,NEW YORK, ROCHESTER I WASHINGTON, DC I CANADA:WATERLOO REGION I PHILLIPSLYTLE.COM - - __ .._...- R Phillips Lytle LLP Certified Mail/Return Receipt Town of Bolton July 23,2015 Town Board PO Box 698 Bolton Landing, NY 12814 Re: Town of Queensbury, New York Required Notice to Neighboring Municipalities of an Application by New Cingular Wireless PCS,LLC ("AT&T")for Site Plan Review from the Town of Queensbury 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, New York Dear Members of the Town Board: We represent AT&T with respect to the above-referenced matter. Chapter 179-5-130 of the Town of Queensbury Code requires an applicant for new wireless communications facilities to submit written notification of its application for the same to the legislative body of all adjacent municipalities. Thus, we hereby submit this letter to advise you that AT&T has submitted an application for the Proposed Facilities to the Town of Queensbury Planning Board. Respectfully, Phillips Lytle LLP By Thomas F. Puchner PTFDoc#01-2877613.3 ATTORNEYS AT LAW THOMAS F. PUCHNER, PARTNER DIRECT 616 472 1224,EXT 1246 TPUCHNEROPHILLIPSLYTLE.COM OMNI PLAZA 20 SOUTH PEARL STREET ALBANY,NY 12207-9426 PHONE 616 472 1224 FAX 616 472 1227 NEW YORK:ALBANY, BUFFALO,CHAUTAUOUA,GARDEN CITY,NEW YORK,ROCHESTER I WASHINGTON,DC I CANADA:WATERLOO REGION PHILLIPSLYTLE.COM _ R Phillips Lytle LLP Certified Receipt Mail Return t / P Town of Kingsbury July 23,2015 Town Board 210 Main Street Hudson Falls, NY 12839 Re: Town of Queensbury,New York Required Notice to Neighboring Municipalities of an Application by New Cingular Wireless PCS, LLC ("AT&T")for Site Plan Review from the Town of Queensbury 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, New York Dear Members of the Town Board: We represent AT&T with respect to the above-referenced matter. Chapter 179-5-130 of the Town of Queensbury Code requires an applicant for new wireless communications facilities to submit written notification of its application for the same to the legislative body of all adjacent municipalities. Thus,we hereby submit this letter to advise you that AT&T has submitted an application for the Proposed Facilities to the Town of Queensbury Planning Board. Respectfully, Phillips Lytle LLP By Thomas F. Puchner PTFDoc#01-2879035.5 ATTORNEYS AT LAW THOMAS F.PUCHNER,PARTNER DIRECT 518 472 1224,EXT 1245 TPUCHNERGPHILLIPSLYTLE.COM OMNI PLAZA 30 SOUTH PEARL STREET ALBANY,NY 12207-3426 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 PHILLIPSLYTLE.COM R Phillips Lytle LLP Certified Mail/Return Receipt Town of Lake George July 23, 2015 Town Board 20 Old Post Road Lake George, NY 12845 Re: Town of Queensbury,New York Required Notice to Neighboring Municipalities of an Application by New Cingular Wireless PCS,LLC ("AT&T") for Site Plan Review from the Town of Queensbury 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, New York Dear Members of the Town Board: We represent AT&T with respect to the above-referenced matter. Chapter 179-5-130 of the Town of Queensbury Code requires an applicant for new wireless communications facilities to submit written notification of its application for the same to the legislative body of all adjacent municipalities. Thus,we hereby submit this letter to advise you that AT&T has submitted an application for the Proposed Facilities to the Town of Queensbury Planning Board. Respectfully, Phillips Lytle LLP B y Cti�U,! Thomas F. Puchner PTFDoc#01-2879035.6 ATTORNEYS AT LAW THOMAS F.PUCHNER,PARTNER DIRECT 518 472 1224,EXT 1246 TPUCHNEROPH ILL IPSLYTLE.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,OC I CANADA:WATERLOO REGION PHILLIPSLYTLE.COM Exhibit M re NOTICE F INCOMPLETE PER141T APPLICATION ALBA Project No. 2015-17 1 ;project Sponsor: Autho rized Representative: New Cingular Wireless PCS, LLC Thomas Puchner, Esq. (AT&T), Melissa Semidey Phillips Lytle. LLP 584.1 Bridge Street Omni Plaza 30 S. Pearl St. Fast Syracuse, NY 13057 Albany, NY_ 12207 Date ApplicationReceived: February 3, 2015 Type of Project Lease of land and a. major public, utility use involving installation of a new 130' tall monopole telecommunications tourer, with related antennas and equipment shelter. Location of Project: Ridge Road Warren County: Town of Queensbury Land Use Area: Moderate Intensity Use Tax Map No, : Section: 279 Block: 1 Parcel: 48 Dear Mr. Puchner: The Adirondack Park Agency recently received your permit application which provided important .information regarding your proposed project. After reviewing this information, we have determined that your application is incomplete, Attached is a list of information required for a complete application. This information is necessary to help staff fully understand the proposed project and to enable the Agency to mare the determinations required to meet the applicable criteria for issuance of a permit.. Please be aware that the project review period established by law will not begin until the Agency has received all of the requested information identified. on the: attached .list and has mailed to you a Notice of Complete Permit Application; Do not undertake your project until a permit has been issued by the Agency. "Undertake" includes, but is not; limited to, any construction activities, such as excavation or other lana disturbance,, tree ,cutt.ing, and installation of driveways or roads, or in the case of subdivision, the conveyance of any lots . *This Notice is .issued: pursuant to Section. 809 (2) (b) Adirondack Park Agency Act and. Section 572.7 of the Adirondack Park Agency Rules and Regulations . Date` Richard F. Weber, III Deputy Director (Regulatory Programs) Adirondack Park Agency Attachments P,t? Bo 99 NYS Route 86 w Ray Brood,NY 12977-Tel- 518 391-=0SO.°F em, 518 891-3938 Thomas Puchner, Esq. February 18, 2015 Page 2 of 3 RF,OUESTED INFORMATION PA Project No. 2015-17 Please provide the information listed below. If you have any questions regarding this Notice of Incomplete Application or the project review process, please contact APA Environmental Program Specialist (EPS) Virginia Yamrick who is assigned to review y6ur project. If the EPS has not yet been to the project site, please contact the .EPS and arrange for a site visit. Site visits should be scheduled well in. advance. Please be advised that if you substantially change the project at any time, the application may be deemed. a "new application," a new review period will begin, and other information may be required. If you decide to withdraw the project application or postpone it for more than six months, please info%-m the Agency in writing so Agency records can be kept current and our attention can be focused on active projects.. Additional Information Based on the application materials submitted to date, we request the following additional information to further clarify your proposal and to enable the Agency to make the required findings and determinations: 1 As shown on Sheet T-3 (overall Proposed Site Plan) , a 200 . foot no-cut- vegetative buffer from the center of the proposed tower. is shown. A portion of that no-cut zone extends onto adjoining property owned by others Please. provide documentation. (executed landowner .agreement, easement, lease, etc. ) whish. ensures removal of those trees (.other than natural causes) is prohibited: during the lifespan of the proposed tower. In the event there are natural causes which cause removal of. tho.se trees, please, iuclude, a mechanism in that. agreement which allows for -replanting/vegetative restoration of those trees . 2. The Local Government Notice Form. f"or. the project indicates that a Use Variance is required from, the Town of Queensbury for the proposed. project, Pursuant to §574 . 6 of the Agency' s Rules and Regulations, "the Agency will not approve a project which has been denied a permit or which is a prohibited. use under local 'zoning requirements, and other local laws or ordinances". Please forward copies of all minutes. of meetings, correspondence, determinations, or approvals issued from the Town. .......... ............. .............. ........ Thomas Puchner, Esq. February 18, 2015 .Page 3 of 3 3 . During the visual analyses that were conducted, a 5 .5± foot diameter balloon was extended to the height of the proposed tower.. The simulations for the proposed monopole tower (126., centerline AGL) depict an. antenna array. Please review and verify the size of the simulated antenna array in relation to the balloon diameter for each of the simulations provided. It appears that the antenna a-rray/tower simulations as provided do not correspond to the size of the balloon (in some of the photos, the antenna arrays appear too small) . Therefore, please compare the photos and simulations, and provide revised photo simulations for- those where a discrepancy is noted. It is not necessary to resubmit simulations for those that were considered to be accurate. REW:VY: s,lp APA Form (1st Public Notice Letter) May 2004 NEW AdiroRnAdack parkagency MAJOR PROJECT PUBLIC NOTICE APPLICATION RECEIVED APA PROJECT No . 2015-17 Date: February 6, 2015 The purpose of this Notice is to inform you that the permit application described below was received by the Adirondack Park Agency on February 3, 2015 and to solicit any written comments you may have regarding it at this time. When the application has been deemed complete by the Agency, another notice with a more detailed project description will be provided to you, and you will have another opportunity to provide written comment relevant to the Agency' s review. This notice is being sent to adjoining landowners to the project site to the extent they were identified in the application; the Chairman of the County Planning Board; Chairman of the Regional Planning Board, if any; the chief elected officer, clerk and planning board chairman, if any, of the town or village where the project is located; and the Adirondack Park Local Government Review Board. It is not necessary to respond to the letter unless you want to do so. If you wish to provide written comments, mail them to Virginia Yamrick, the assigned APA Environmental Program Specialist . PROJECT SPONSOR, LOCATION AND DESCRIPTION The Agency received an application on February 3, 2015 from New Cingular Wireless PCS, LLC for a project proposed in the Town of Queensbury, Warren County, on or near Ridge Road in an area designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Plan Map. The tax map number. of the property site is: Section 279, Block 1, Parcel 48.. The attached map shows the approximate location of the project site. The Agency is currently reviewing the application for completeness. The project is briefly described as follows : Lease of land and a major public utility use involving the installation of a new 130 foot tall monopole telecommunications tower with related antennas & equipment shelter. Date Richard E. Weber III Deputy Director (Regulatory Programs) REW:VY: slp cc: New Cingular Wireless PCS, LLC - Melissa Semidey Kubrickey Construction Corporation Thomas Puchner, Esq: Adjoining Landowners Town, County & LGRB officials P.O.Box 99• NYS Route 86•Ray Brook,NY 12977•518 891-4050 • 518 891-3938 fax •www,ai)a.ny.gov Loa soul �R pO ' C DRV! • YMCA ^ ' m Camp _ arrisen� . .9L t" b Golf yj LL SwORTp ROAO 438 � Course m y 1 I y 49 _�— .149 359 f? •�• .•i TOWN DU P La I \y RD • �_ Ridge ROAo /^ r) emN ay Road Je%sville OPKINSAD Ch Pale eowJ NW I x x I Ridge w , ly ROAD en Jkinsville ,y` 9 f,page D R A x Park WESTCOrT een bury/ m OL BAY4n 1 �yOP� AD ..�� / MARUNI t \ y 35 ROADP- • RAD — eida Iq s Lake ROAD ' C rners S:N 93 `ice p� S A— 39 8R nnyside sr' y r v s 358 Q 2 o Lake ^ HIL 63 s4 ' ! nnysi . � � �" ; s` 358 eSu sie • UNNy E Tax Map Parcel Boundary -o' 0 New Yoik State PR02-Planimetric Base Map and e«l°e Adirondack Parcel Boundaries Park o Agency Geographic lnfonnation System AUSW.I,mg1J2130.ep, 02106/15 Scale 1:21030 Exhibit N Mail Processing Center Aeronautical Study No. Federal Aviation Administration 2013-AEA-3657-OE Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 08/21/2013 Billie Anna Caza AT&T Mobility 5841 Bridge Street East Syracuse, NY 13057 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Monopole Queensbury East Location: Queensbury,NY Latitude: 43-23-25.87N NAD 83 Longitude: 73-37-36.67W Heights: 485 feet site elevation(SE) 130 feet above ground level (AGL) 615 feet above mean sea level(AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are)met: It is required that FAA Form 7460-2,Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least 10 days prior to start of construction(7460-2,Part I) _X_Within 5 days after the construction reaches its greatest height(7460-2, Part II) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 02/21/2015 unless: (a) the construction is started(not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Paget of 3 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty(30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at(718) 553-4542. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2013-AEA-3657-OE. Signature Control No: 192877785-196689215 (DNE ) Katie Venticinque Specialist Attachment(s) Frequency Data cc: FCC Page 2 of 3 Frequency Data for ASN 2013-AEA-3657-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Page 3 of 3 Exhibit O Product Specifications COMMSCOPE" KAW11"D WY "0A0XDRXW.'"� Andrew@ Tri-band Antenna,698-896 and 2 x 1710-2360 MHz,65*horizontal beamwidth,internal RET.Both high bands share the same electrical tilt. o Interleaved dipole technology providing for attractive, low wind load mechanical package The values presented on this datasheet have been calculated based on N-P-BASTA White Paper version 9.6 by the NGMN Alliance Electrical Specifications Frequency Band,MHz 698-806 806-896 1710-ISSO 1850-1990 1920-2180 2300-2360 Gain by all Beam Tilts, average,dBi 15.8 15.6 17.3 17.8 18.2 18.1 Gain by all Beam Tilts Tolerance,uu =0.4 ±015 ±0.3 =0.2 +0.5 =O.4 | 0" 116X 0" 115» 0° 117.3 00117.7 0 ° | 18.0 n" | ny Gain by Beam Tilt,average,da s^ | 16.0s" | 15�8 ^' 1 17.4 (4 17.8 ^, | 18.2 *" | 18.2 11 - 1 15.5 11 " 115.2 7" 117.3 70117.7 70118.1 7~ 118.2 Beam*ldth' Horizontal,degrees 66 6* m 65 63 58 eeamwiduh' Horizontal Tolerance,degrees ±1.2 ±1.9 ±a* ±3.8 ±*.7 ±3.7 oeamwWth,Vertical,degrees 8.9 7.e 5.7 5,3 5.0 1.4 Beamw|dth,Vertical Tolerance, degrees 10.6 ±0.5 *0.3 ±o.Z ±0.3 10.2 Beam Tilt,degrees 0-11 0-11 0-7 0-7 0-7 0-7 U5u5,d8 13 14 17 zs 17 15 Fmnt-tn'euckTotal Power at18o° :1:3o",de 28 24 37 25 25 26 CPR at Bupes|oht, dD Zg 22 ZO 21 19 21 CPR atSector,de 14 zz 13 zz 9 5 /sobtion,do 25 25 25 25 25 25 Isolation,Intersystem,d8 30 30 30 ]O 30 30 vSVVR | Return Loss,dB z.s | m.o 1.5114.0 1.511*.0 1.5114.0 z.s | m.o 1s11*.0 PIM, 3rd Order, Zx2VYV,d8c -153 '153 '153 '153 -153 -153 Input Power per Port,maximum,watts *00 oOO 350 350 350 300 Polarization +45" ±45" ±450 ±*5" +*5" ±*s" Impedance 50 ohm 50 ohm 50 ohm 50 ohm 50 ohm 50 ohm General Specifications Antenna Brand Andew@ Antenna Type Dua|Pn|@mu|Ubaud with internal RET Band Mohiband Brand Dua|Pn|@/ | Te|egi|t@ Operating Frequency Band 1710- Z3soMHz | 898-a96MHz Mechanical Specifications Color Light gray Lightning Protection dc Ground � Radiator Material Aluminum | Low loss circuit board � nodommMaoe,|a| Fiberglass, Vvresistant xFConnector Interface 7'16 DIN Female mFConnector Location Bottom nFConnector Quantity,total 8 Wind Loading, maximum 879.0N @ 150 k 197.6|bf0/z5okm/h � � @201At rights reserved All trademarks identified by 0 or TM ore regi5teted trademarks,respectively,of Cvmmxmpe, page| of 5 All specifications are subject mchange without notice.See°ww,mmmmcopoo"for the most current information.Revised:June u7.uo)4 July u9.2o)* � Product Specifia.-Itions COMMSCOPE" SBNHH-1D65C NAW141r.,r0lw.. .. J Wind Speed,maximum 241.4 km/h 1 150.0 mph Dimensions Depth 181.0 mm 1 7.1 in Length 2438.0 mm 6 96.0 in Width 301.0 mm 1 11.9 in Net Weight 22.5 kg E 49.6 Ib Remote Electrical Tilt(RET) Information Annual Failure Rate,maximum 0.01% Input Voltage 10-30 Vdc Power Consumption, Idle state, maximum 2.0 W Power Consumption,normal conditions, maximum 11.0 W Protocol 3GPP/AISG 2.0 Multi-RET RET Interface RS-485 Female(daisy chain port,1) RS-485 Male(input port, 1) RET Interface,quantity 1 female j 1 male RET System Teletilt@ Regulatory omplianc m^ i iucatiars Agency Classification RoHS 2011/65/EU Compliant by Exemption China RoHS S)/T 11364-2006 Above Maximum Concentration Value(MCV) ISO 9001:2008 Designed, manufactured and/or distributed under this quality management system INN 0%k Included Products BSAMNT-1—Wide Profile Antenna Downtilt Mounting Kit for 2.4-4.5 In(60- 115 mm)OD round members. Kit contains one scissor top bracket set and one bottom bracket set. 02014 CommScope,Inc.All rights reserved.AN trademarks identified by 0 or Tm are registered trademarks,respectively,of CommScope. page 2 of 5 Al specifications are subject to change without notice.See www.commscope.com for the most current information.Revised:June 27,2014 July 29,2014 Product Specifications COMMSCOPEO SBNFII h1 D65C Horizontal Pattern Vertical Pattern Rfw760 wk'I tW F"W.Y0M Usk tit 0° �4 Wraq°660 Noll.T 0.t V 'Rvg 464 MK Ift q, tf I 4;` . +e F"Im @%"u 111110 ,Tat 0' Fmq:1706 Wh,Tilt 0° 02014 Co mmScrapee Inc,AN Ots rewyed,AJ kodwmrks tdenklded by 0 as" are registered kadem b,respeavdy,Of CW"ScaS. page 3 of 5 AN spedflcxstions arty subject to dxrge w*x#notice.See www.cwwwope.00m fa he most owent Infosrnation.Revised:,wte 27,2014 July 29,2014 Froduct Specifications 1 �q �sE Frtp:4920 MW,I Ht V Frertl:4920 Uft Tilt Q° u 1X i ar ° � r R.W.2550 Wh*T t 0' F'rtara,:23"w4c"M V 02014 CwmScopo,im. o , Wye of page 4 of 5 AN qwticaffions s su cuawl 27n July 24,2014 Pr oduct Spec if icatioris COMMSCOPE" (ITYWEVA Nt" I B5 NT-1 Wide Profile Antenna Downtilt Mounting Kit for 2,4 w 4.5 in (60- ?LIS mm)OD rotund members.Kit contains one scissor top bracket set and one bottom bracket set. 1' r General Specifications Antenna Brand Andrew@ Mount Type Pipe mounts Application Outdoor Includes Brackets f Hardware Package Quantity 1 Mechanical Specifications Color Silver Material Type Galvanized steel Dimensions s Compatible Diameter,maximum 114.3 mm 1 4.5 in Compatible Diameter, minimum 61.0 mm [ 2.4 in Net Weight 5.6 kg 1 12.3 ib Regulatory lion / rtifi action Agency Classification RoHS 2011/65/EU Compliant China RoHS SJ/T 11364-2006 Below Maximum Concentration Value(MCV) II ©2014 CommScope,Inc.Al rights reserved.Al trademarks identified by @ or TM are registered trademarks,respectively,of CommScope. page 5 of 5 Al specifications are subject to change without notice See www commscope tarn for the most current information,Revised:June 11,2014 July 29,2014 wG ............ ---- ............... 000 Produ(.J is 4"AONDRIWO A Cornm'X 4) C(-,rnpar)'y SBNH-1 D8585C DuaIPoI@ Dual Band Antenna,698-896 MHz and 1710-2180 MHz, 850 horizontal beamwidth,RET compatible variable electrical tilt 0 Two DualPol@ antennas under one radome o Patented dipole technology e Interleaved dipole technology providing for attractive, low wind load mechanical package a Each antenna Is Independently capable of field adjustable electrical tilt * Internal next generation actuator eliminates field installation and defines new standards for reliability 4, Fully compatible with Andrew Teletilt@ remote control system I-{/ R C"TH IS 16 C (3enera9 Specificahons Antenna Type SmartBeam@ Brand DualPol@ I SmartBeam@ I Teletilt@ Operating Frequency Band 1710-2180 MHz 1 698 896 MHz Nectrk:al Specifications Frequency Band,MHz 698-806 806-896 1710-1880 1850-1990 1920-2180 Beamwidth, Horizontal, degrees 88 84 85 84 86 Beamwidth, Horizontal Tolerance,degrees ±4 ±5 ±4 ±5 ±5 Gain,dBd 13.0 13.3 14.8 14.9 15.2 Gain,dBi 15.1 15.4 16.9 17.0 17.3 Beamwidth,Vertical,degrees 9.1 8.1 5.2 43 4.5 Beam Tilt,degrees 0-9 0-9 0-6 0-6 0-6 Upper Sidelobe Suppression(USLS), typical,dB 16 16 17 18 19 Front-to-Back Ratio at 1800, dB 22 21 26 26 27 Front-to-Back Total Power at 1800 :1: 200,dB 16 16 22 23 21 Cross Polarization Ratio(CPR)at Boresight,dB 25 21 20 23 23 Cross Polarization Ratio(CPR)at Sector,dB 11 10 8 8 11 Isolation,dB 30 30 30 30 30 Isolation, Intersystem,dB 30 30 30 30 30 VSWR I Return Loss, db 1.5:1 1 14.0 1.5:1 1 14.0 1,5:1 1 14,0 1.5:1 1 14.0 1.5:11 14.0 Intermodulation Products, 3rd Order, 2 x 20 W, dBc -150 -150 -150 -150 -150 Input Power, maximum, watts 400 400 300 300 300 Polarization ±450 ±450 :f:450 4-450 ±450 Impedance,ohms 50 50 50 50 50 Lightning Protection dc Ground dc Ground dc Ground dc Ground dc Ground www.commscope.com/ondfew @2011 CommScope,Inc.All rights reserved. All trademarks identified by 0 or TM are registered trademarks or trademarks,respectively,of CommScope.All specifications are subject to change. page I of 4 See www.commscope.com/ondrow for the most current information. 4/6/2011 Proch.jct' Specificallons 4WAONDRNW A C arrrxu..r.,I rr„.:.Corr,nu Fy, SBNH-1 D8585C , echanicai Spe6ficafions Color Light gray Connector Interface 7-16 DIN Female Connector Location Bottom Connector Quantity 4 Radome Material Fiberglass,UV resistant Wind Loading, maximum 879.0 N @ 150 km/h 197.6 Ibf @ 150 km/h Wind Speed, maximum 241.0 km/h i 149.8 mph D: mensions Depth 181.0 mm i 7.1 in Length 2449.0 mm i 96.4 in Width 301.0 mm i 11,9 in Net Weight 26.0 kg i 57.3 Ib Remote t::dechiccfl Tdt (RET) Informoflon f Adjustment Time,full range,maximum 30s Annual Failure Rate, maximum 0.01% Power Consumption,during motor movements,maximum 11.0 W Power Consumption, Idle state,maximum 2.0 W Power Input 10-30 V Protocol 3GPP/AISG 2.0 Multi-RET RET Interface RS-485 Male(input port, 1) i RS-485 Female(daisy chain port,1) RET System Teletilt@ DB380 Pipe Mounting Kit for 2.4-4.5 in(60- 115 mm)OD round members 1°I DB5083 . Downtilt Mounting Kit for 2.4-4.5 in(60- 115 mm)OD round members www,commscope.com/ardrew 02011 CommScope,Inc.All rights reserved. All trademarks identified by 0 or TM are registered trademarks or trademarks,respectively,of CommScope.All specifications are subiect to change. page 2 rA A See www.commscope.com/andrew for the most current information. 4/6/2011 ----------- '00 ii��icaf-io�""),S 01ONDREWO A Corr[MSCOPE,.Cornlxiny SBNH-I D8585C Hoi6zontri� PcOfem Vedica� Patte�-n .......... ...... 1a0 u u i"v wir 200 kiwq;725 Wk,Tft 0- Ren 72113 Nflft'n":V N. i k r'Q rn Al 9114)11'"In'Mt�W % 4 41 11W F'"7 Vna mkt'npi V 1M MHz,710:0• www.commscope.com/ondrew 02011 CommScope,Inc.Al rights reserved. All trademarks identified by 0 or I are registered trademarks or trademarks,respectively,of CommScope.Afl specifications are subject to change. page 3 of 4 See www.commscope.com/ondrew for the most current information. 4/6/2011 .......... ...... Product Spec Flica I i ons 00�AMDREW A Cnrnrn&,,r4 as Compcmy SBNW D8585C J20 200 Tuk M*MIU,IM ul R6%"m mm"IM OP Sr 41 k4q:21W MW,Mit;Cm Rq:29Etb1 MH."ft Cr www,commscope.com/ondrew WOI I CawnScWik,Inc AN rigida nwwv4& AN ka&mo&kknOW by 0 or TO are m9lowed kadww6 or kudsmaf6,mspKo-.*,of Comnampo.Al SPOC&OOOOS an*kod lo dKWOO. page 4 of 4 So*www.commscopox9m/ordrow for*w most cwm*hdammfim- 4/6/2011 ia 64" , DC Surge Suppression The DC6-48-60-18 is a dual chambered, DC surge suppression system for use in multi-circuit, ` Distributed Antenna Systems.The system will protect up to 6 Remote Radio Heads from voltage surges and lightning, and connect up to 18 fiber pairs. The system Is enclosed in a NEMA 4 rated, waterproof enclosure. FEATURES • Protects up to 6 Remote Radio Heads, each with its own protection circuit. • Flexible design allows for installation at the top of a tower for Remote Radio Head protection. • Includes fiber connections for up to 18 pairs of fiber. • LED Indicators on Individual circuits provide visual indication of suppressor status. • Farm'C'relays allow for remote monitoring of the suppressor status. • Patented Strikesorb technology provides over 60 kA of surge current capacity per circuit. F • Strikesorb suppression modules are fully recognized to UL 1449-3rd Edition Safety Standard, meeting all intermediate and high current fault requirements to facilitate use In OEM applications. • Raycap recommends that DC protection system be installed within 2 meters or 6 feet of the radio. • Dome design is lightweight and aerodynamic providing maximum flexibility for installation on top of towers. i l ti �C 0 246m � � I IE I C �°�i G ( m ; r Phone 206.777.1166 Tall Free 800.890.2569 Fax 208.777.4466 www.raycapsurgeprotection.com >> nY 1 i is �I w„iolftk IJ DC' Power Surge Protection Model Number DC6.48-60-18-8F I rya 1 ,pp' „rye Nominal Discharge Current(1,) 20 kA 8120 ps ------------- i �1ta�irnu >wlisctt�r'ge GUrC$T}t(I„ p�M`;N;tI1r1A I,. -� � '�,, Maximum Continuous Operating Voltage(U) 75 VOC Suppression Connection Method Compression lug,#2414 AWG Copper,#2412 Aluminum z B Environmental Rating IP 68,7m 72hrs 777, 00 "40 C tG*; k C Storage Temperature -70°C to+80°C frnrNirt4i tEl ( 0f1- -2 - 43”10to 60° ZfIU`frs ' ;# %, Resistance to Aggressive Materials CEI IEG 61073-2 including acids and bases IS0'4t1- ltftl( dd,1 ,ICetl4tt Ado 21.f� f%rs"" ' Weight 20 lbs without Mounting Bracket STANDARDS r Strikesorb modules are compliant to the following Surge Protection Device (SPD) Standards: - ANSIJIJL 1449 - 3rd Edition „ - IEEE 062.41 - NEMA LS-1, IEC 61643-1:2005 2nd Edition:2005 - IEC 61643-12 - EN 61643-11:2002 (including A11:2007) TOV GS-07F-0435V c�rt�fmd „a P509001:2000 7Uv ghrJrom rclz� I Ray ' ovowmotl��w..0wawowiwwwi wuw uuu umwwu oow�ww wu ou uW0000 GUUUONW wmmuoNNUNUNMODUNUuuI O M A ury G02-00-068 REV 050610 I'=jycap,Inc 806 W.Clearwater Loop • Post Falls - Idaho • 83854 - USA PhoreG,208.777.1166•`i o!I Free 800.890.2569•Fax 208.777.4466-www.rayeapsurgeprotection.com mm A/0" /M M 1 � f i�flr / ct CL 0 CL c c cr Cu co «� CL E �u ;p " Pl- CL 0 U Y ' cn Ca Co 41 re �_ q O pN u � C ® N u W rt a� I _.... 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Cal go IIS/r � CC w Jfa p " f°J r i Cal C6 cv Pr ' lCIO 040 r Imo rfj�ri�" p G i TL aAi " CC �nmm WwV➢ry Il �w ii a> 13 0 CIO r R ME awl CK �I I�I�GI�, aG7 orb > 4 ea^s 1 r e,N k ff ' / rr%'r ria, MI M Ilk LLJ 4-0 �a < ce INLO LO ��19a�ln,.r�r�"%Jl'rr,rlr,,»)�linnu�r�mU{in���7��n�,� /i it LO < 0 LO V) y % // / LOMIN i co f / rc: is i` it cu CL o C. �t Ce c) E E< (1) cu cu 0 0 "or x X 'CD a m �,ypp+r p 'ku + A is W� 0 u� Cln is i *1. qq 0 m � ro mmuauuim mmuuuu� ,,,..� �p �mmnioo�mmimuwaaa �� � r, LO c r. I. 77 � � ..... � cu ra D Q LO CY Imo" ',•.. I uuuuwu �� d.) GO a:r n V) ................ < < U) U) D D oBuej qqe,) CK :3 ..0 K-0 9 0 73 0,6-0,9 0 Zus MI CK LL CjkD NT ww CL LU 4— 4- 77 0 0 0 0 65 Ca C/) IT: j "O's ............ U- UV) ca7E - U 0 Of M I L if) E 1>1 14 0 LUD Qsr) d LU E D N 4-1 CU cr- t EE t V) 0 0 a 0 Ln M< 4-J u qw 10? 4 (1) u ca 0 W, 0 M 4.1 L.L ca CL u N r u 0 m A r-4 U C CL C C C C) 0 0 Of < L.L U < LU rK CY) ry 0 N (N 0 77) N' M 0 0 r-I b Ln WN rj N 1: r-I r-I Cr u bd 0 LWI d r. -------------- Techni -- I� whom � r m, Rosenberger Site Solutions, LL _-_.. ......... .. . .. . 12 AWG 2 Conductor Shielded 600V Part Number: WR-VG122ST-BRDA Power Cade Description: 12 AWG, 2 conductor shielded 600V power tray cable constructed with stranded tinned copper, polyvinylchloride and nylon insulation, an uninsulated tinned copper ground conductor, an aluminum/mylar shield with a stranded tinned copper drain wire, a tinned copper braid shield and an overall polyvinylchloride jacket. Individual conductors are manufactured in accordance with UL Standard 83, Type THHN/THWN/VW-1. Cable is manufactured in the USA in accordance with UL Standard 1277 and NEC listed Type TC, suitable for use in Class I Division 11 hazardous locations and approved for installation in cable trays per Article 336 of the National Electric Code. Cable may be installed in open air, in ducts or conduits, in trays or troughs and is approved for direct burial and outdoor applications. Jacket is sunlight and oil I resistant and cable is (UL)TC-ER approved for 600V, 75"C Wet or 90°C Dry, and meets or exceeds the requirements of UL 1581 and 1202(FT-4)70,000 BTU/HR and ICEA T-29-520 210,000 BTU/HR flame tests. 1.Conductor 1.1 AWG Size&Stranding: 12 AWG,65 Strands 1.2 Material: Annealed Tinned Copper 1.3 DC Resistance: 1.68 ohms/1000 ft @ 20'C 2.Insulation 2.1 Material: Polyvinylchloride&Nylon per UL Standard 83,Type THHN/THWNNW-1 2.2 Wail Thickness: 0.015"PVC&0.005"Nylon-The minimum at any point shall not be less than 90% of the specified wall thickness 3.Calor Code 3.1 Code: Red,Black 4.Assembly 4.1 Lay Length: Per UL Standard 1277 4.2 Fillers: Non-Hygroscopic Polypropylene-As required for a circular cross-section 4.3 Binder: Clear Mylar 4.4 Shield: Aluminum/Mylar Tape-100%coverage 4.5 Drain Wire: 16 AWG,7 Strand Tinned Copper 4.6 Shield: 36 AWG Tinned Copper Braid-65%minimum coverage 4.7 Ground: Uninsulated-12 AWG,65 Strand Tinned Copper 4.82 ND Binder: Clear Mylar 5.Jacket 5.1 Material: Polyvinylchloride per UL Standard 1277 5.2 Wall Thickness: 0.045"-The minimum at any point shall not be less than 80%of the specified wall thickness 5.3 Diameter: 0.386" In English ((td m 5.4 Color: Black 5,5 Weight: 141 1bs.1M me ris per 6.Markings 6.1 Type: Cable shall be permanently identified via surface inkjet print 6.2 Legend: .Rosenberger:flex 12AWG 2C SHIELDED(UL)TC-ER PVC/NYLON UNINSULATED GROUND 600V 90'C DRY 75'C WET PVC JACKET SUN RES DIR BUR OIL RES I FT4 "ROHS" 7.Standards 7.1 UL listed as Type TC-ER per UL Standard 1277 for tray cables 7.2 UL approved for Direct Burial,Sunlight and Oil I Resistant applications 7.3 Individual conductors pass UL VW-1 flame test,rated THHN/THWN/VW-1 7.4 Cable meets UL 1581 &1202(FT-4)70,000 BTU/HR&ICEA T-29-520 210,000 BTU/HR requirements 7.5 Meets ICEA S-95-658,where applicable 7.6 Cold Temperature Rating: -40°C 7.7 All materials used in the manufacture of this cable are RoHS compliant ALL SPECIFIED PARAMETERS ARE NOMINAL AND SUBJECT TO VERIFICATION Corporate Headquarters Rosenberger Site Solutions, LLC Rosenberger Hochfrequenztechnik GmbH&Co. KG h. Dupont Drive,Lake Charles, 3. P 70606 P.O.Bax 1260 D-84526 Tittmoning Germany Ph. 1.866.598.5250 Fax:337.59$3.5290 Page 1 of 1 rlssrls sTel.+49 8684 18-0 www.riss.0s Rev.Date:6/2/10 ............ ............... ............. GENERAC' INDUSTRIAL Industrial Diesel Generator Set EPA Certified Stationary Emergency W 50 kW 63 kVA 60 Hzo Pdme P RatinL* 45 W 56 WA 60 Hz J- ........ 01 ka"wed W Nxtrawn PffPM&ardy *EPA CerffiledPrime ratings are not avallable in Is U.S.or its Territories Generac products are designed to the following standards: For over 60 years,Generac has led the Industry with Innovative design and superior manufacturing. UM00,UL508,UL142,UL498 Generac ensures superior quality by designing and manufacturing most of Its generator components, Colo NFPA70,ss,1to,37 including alternators,enclosures and base tanks, control systems and communications software. NEC700,lot,702,708 Generac's gensets utilize a wide variety of options, configurations and arrangements,allowing us to meet the standby power needs of practically every application. ISO t,8528,3046,7637,Pluses#2b,4 Generac searched globally to ensure the most reliable engines power our generators.We choose only engines that have already been proven in heavy-duty industrial NEMA ICSIO,MG1,250,ICS6,ABI application under adverse conditions. (AAW# ANSI CUM Generac Is committed to ensuring our customers' service support continues after their generator purchase. GENERAC IN 13USTRIAL S0050 Standard Features ENGINE SYSTEM ALTERNATOR SYSTEM General _ UL2200GENprotect" 0 Rust-proof fasteners with nylon washers to protect 0 6�i"D'r—ain—Extension--",--- 0 12 leads(3-phase,non 600 V) finish 0 Air Cleaner 0 Class H insulation material 0 High performance sound-absorbing material 0 Fan Guard 0 Vented rotor 0 Gasketed doors 0 Stainless Steel flexible exhaust connection 0 213 pitch 0 Stamped air-intake louvers 0 Critical F)ftust Silencer(enclosed only) 0 Skewed stator 0 Air discharge hoods for radiator-upward pointing 0 Factory Filled Oil 0 Auxiliary voltage regulator power winding 0 Stainless steel lift off door hinges 0 Radiator Duct Adapter(open set only) 0 Annoffisseur winding 0 Stainless steel lockable handles 0 Brushless Excitation 0 Rhino Coat"-Textured polyester powder coat Fuel S tem0 Sealed Bearings 0 Fuel lockoll solenoid 0 Automated manufacturing(winding,insertion, MM QI selected 0 Primary fuel filter lacing,varnishing) 0 Rotor dynamically son balanced(get tolerance) 0 UL 142 0 Full load capacity alternator 0 Double wall 0 Closed Coolant Recovery System 0 Protective thermal switch 0 Vents 0 UV/Ozone resistant hoses 0 Sloped top & Factory-Inslafled Radiator T SET 0 Sloped bottom 0 Radiator Drain Extension 0 Factory pressure tested(2 psi) 0 500 Ethylene glycol antureeze 0 Internal Genset Vibration Isolation 0 Rupture basin alarm 0 120 VAC Coolant Heater 0 Separation of circuits-hightlow voltage 0 Fuel level 0 Sepandflon of circuits-multiple breakers 0 Check valve in supply,and return lines Ermine Ekcbkai S stern ........ 0 Silencer Heat Shield 0 Rhino Coat'-Textured polyester powder coat 0 Battery chattiting alternator 0 Wrapped Exhaust FOng 0 Stainless hardware 0 Battery cables 0 Silencer housed In dischaftie bond(enclosed only) 0 Battery tray 0 Standard Factory Testing 0 Solenoid activated stager motor 0 2 Year Limited Warranty(Standby fated Units) 0 Rubber-booted engine electrical connections 0 1 Year Limited Warranty(Prime rated units) 0 Silencer mounted in the discharge hood(enclosed only) 8X TE 0 Real/ReacftApparent Power 0 115 channel"logging 0 All Phase AG Voltage 0 0.2 msec high speed data logging 0 All Phase Currents 0 Alarm Information automatically comes up on the 0 Oil Pressure display 0 Coolant Temperature 0 Coolant Level Alarms 0 Engine Speed 0 Oil Pressure jP_ie-programrribfiel�Pressure 0 Battery Voltage Shutdown) 63 0 Frequency 0 Coolant Temperature(Pre-programmed High Temp Control Panel 0 Date/Time Fault History(Event Log) Shutdown) 0 Coolant Level(Pm-piogrammed Low Level • Digital H Control Panel-Dual 420 Display 40 Isochmaous Governor Control Shutdown) • Programmable Crank Limiter 0 Waterprool/sealed Connectors 0 I=Fuel Pressure Alarm • 7-Day Proofammable Exerciser 0 Audible At&=and Shutdowns 0 Engine Speed(Pre-programmed Over speed • Special Applicallom;Programmable PLC 0 Not in Auto(Flashing Light) Shutdown) • RS-232/485 0 Autq/"anual Switch 0 Battery Voltage Warning • All-Phase Sensing DVR 0 E-Slop(Red Mushmom­lype) 0 Alarms&warnings time and data stamped • Full System Status 0 NFPA1 10 Level I and 11(Programmable) 0 Alarms&warnings for transient and steady state • Utility Monitoring 0 Customizable Alamos,Warnings,and Events conditions • Low Fuel Pressure Indication 0 Modbus protocol 0 Snap shots of key operation parameters during • 2-Wire Start Compatible 0 Predictive Maintenance algorithm alarms&warnings • Power Output(0) 0 Sealed Boards 0 Alarms and warnings spelled out(no alarm codes) • Power Factor 0 Password parameter adjushrient protection • kW Hours,Total&Last Run 0 Single point ground GENERAC IlMrSUSTRIAL S0050 Configurable Options ENGINE SYSTEM ALTERNA ON SYSTEM ENCLOSURE GenaW0 Alternator Upsizing 0 Weather Protected 0 6FI 0 Anti-Condensation Heater 0 Level 1 Sound Attenuation 0 Oil Heater 0 Tropical coating 0 Level 2 Sound Attenuation 0 Industrial Exhaust Silencer 0 Permanent Magnet Excitation 0 Steel Enclosure 0 Aluminum Enclosure Fuel System CIRCUIT BREAKER OPTIONS 0 150 MPH Wind Kit 0 Flexible fuel lines 0 12 VDC Enclosure Lighting Kit 0 Primary fuel filter 0 Main Line Circuit Breaker 0 120 VAC Enclosure Lighting Kit 0 2nd Main Line Circuit Breaker 0 AC/DC Enclosure Lighting Kit Engine Electrical System 0 Shunt Trip and Auxiliary Contact 0 Door Alarm Switch 0 10A UL battery charger 0 Electronic Trip Breakers 0 2,5A UL battery charge( TANK!Etzo on last a a 0 Battery Warmer GENERATOR SET 0 Electrical Fuel Level 0 Gan-Link Camminicaflarls Software(English Drily) 0 Mechanical Fuel Level 0 8 Load Position Load Center 0 54 Gal(204.4 Q Usable Capacity 0 2 Year Extended Warranty 0 132 Gal(499.7 Q Usable Capacity 0 5 Year Warranty 0 211 Gal(798.7 Q Usable Capacity 0 5 Year Extended Warranty 0 300 Gal(11135.6 Q Usable Capacity 0 8"Vent Extension 0 13"Vent Extension 0 1 Er Vent Extension CONTROL SYSTEM 0 21-Light Remote Annunciator 0 Remote E-Stop(Red Mushroom Type,Surface 0 Remote Communication-Ethernet 0 Remote Relay Panel(8 or 16) Mount) 0 IDA Run Relay 0 Oil Temperature Sender with Indication Alarm 0 Remote E-Stop(Red Mushroom-Type,Flush 0 Ground fault Indication and protection functions 0 Remote E-Stop(Break Glass-Type,Surface Mount) Mount) 0 Remote Communication-Modem Engineered Options ENGINE SYSTEM ALTERNJUOR SYSTEM ENCLOSURE • Coolant heater ball valves 0 3rd Breaker System 0 Motorized Dampers • Block Heaters 0 Door switched for intrusion alert • Fluid containment pans GNEWORSET 0 Enclosure ambient heaters TANKS CONTROL SYSTEM 0 Special Testing 0 ISC Seismic Certification 0 Overfill protection Val" 0 Spare inputs(x4)/outputs(x4)-H Panel Only 0 UL2085 Tank 0 Battery Disconnect Switch 0 ULC S-601 Tank 0 Stainless Steel Tank 0 Special Fuel Tanks(MIDEO and FL DEP/DERM,etc,) 0 Vent Extensions Rating Definitions Standby—Applicable for a varying emergency load for the duration of a Willy power outage with no overload capability. Pflme—Applicable for supplying power to a varying load In lieu of utility for an unlimited amount of running time.A 10%overload capacity is available for 1 out of every 12 hours,The Prime Power option Is only available on Intemational appficafiorls. Power ratings in accordance with ISO 8528-1,Second Edition dated 2005-06-01,definitions for Prime Power(PRP)and Emergency Standby Power(ESP). .....------ GENERAC INDUSTRIAL S0050 application and engineering data ENGINE SPECIFICATIONS General Sym Make Generac Cooling System Type Closed Recovery EPA Emissions Compliance Stationary Emergency Water Pump Flow Pre-Lubed,Self Sealing EPA Emissions Reference See Emissions Data Sheet Fan Type Pusher Cylinder# 4 Fan Speed(rpm) NA Type In-Line Fan Diameter mm(in) 560(22) Displacement-L(cu in) 3.4(207.48) Coolant Heater Wattage 1500 Bore-mm(in) 98(3.86) Coolant Heater Standard Voltage 120 V/240 Stroke-mm(in) 113(4.45) Compression Ratio 18,5:1 Fuel Sn= Intake Air Method Turbocharg;d Aftercooled Fuel Type Ultra Low Sulfur Diesel Fuel Cylinder Head Type Cast Iron OHV Fuel Specifications ASTM Piston Type Aluminum_ Fuel Filtering(microns) 10 Crankshaft Type Forged Steel Fuel Inject RM Bosch(VE) Fuel Pump Type Engine Driven Gear Engine ammming Injector Type PWel-2100 PSI Governor Electronicisochronous Fuel Supply Line-mm(in) 7.92(0,312) Frequency Regulation(Steady State) t 0.25% Fuel Return Line-mm(in) 7.92(0312) E:: Lubrication System Encino Ellecideal Sydatill Oil Pump Type Gear System Voltage 12 VOC Oil Filter Type Full Flow Cartridge Battery Charging Alternator 20A Battery Size See BWery kwJex 01 619-IOSBY Crankcase Capacity-L(qts) 7 Battery Voltage 12VDC Ground Polarity Negative ALTERNATOR SPECIFICATIONS Standard Model 390 Voltage Regulator Type [II 'plat Poles 4 Number of Sensed Phases Ali Field Type Revolving Regulation Accuracy(Steady State) t 0.25% Insulation Class-Rotor H insulation Class-Stator H Total Harmonic Distortion <3% Telephone Interference Factor(TIF) <50 Standard Excitation Synchronous Bearings Single Sealed Cartridge Coupling Direct,Fle)dble Disc Load Capacity-Standby 100% Prototype Short Circuit Test yes GENERAC INDUB1740AL SD050 operating data POWER RATINGS Standby Single-Phase 120/240 VAC @1.0pI 50 kW Amps: 208 Three-Phase 120/208 VAC @0.8pt 50 kW Amps: 173 Three-Phase 120/240 VAC @0.6pf 50 kW m4xs° 150 Three-Phase 277/480 VAC @0.80 50 W Arrqx� 75 Three-Phase 346/600 VAC @0.8pf 50 M Arrps: 60 STARTING CAPABILITIES cKWA vs.Voltage Dlp 480 VAC208/240 VAC AftMW9 M 10% 15% '20% 1 26% 30% _35% 10% 15% 20% 25% 30% 35% ffStandard 34 52 69-1 86 103 120 26 39 52 65 77 90 U 7ol lz 83 —..-32.- =47 62 94 110 p, l [ 60E 42 63 104 146 78 FUEL CONSUM"ON RATES* cel•ash Ooh1 ------------ Fuel Pump LIft-it(m) Percent Load qph(Iph) 3(l) 25% 1.3(4.92) 50% 2,3(8.71) Total Fuel Pump Flow(Coerbstion+Return) 75% 3.3(12.50) 5.5 U04 100% 4.3(16.36) Fuel supply Installation must accommodate fuel consumption rates at 100%load. COOLING Standby Cootant Mew per Mloule I m 12.2(0) il_1�111 Syll""I_Capadv gel W 2.5 1(9(9w5 Real Re)octron to Cooburl Bull, MAO trust Air CfM _120'212) ft Opmfirt;RadhaW Alf ltmp Fe(Cl 122(so) Max Ambient Tempeftre(before demote) F*(C") 104(40) Maximiam Raelifolat backintssuie Irr H 0 O,5 C14 ,ON AM REQUIMMTS StindbY Flow at Rated Power cim(m3/min) 1 166(4.7) ENGINE EXHAUST Standby Rated Engine Speed rpm1844 Must Flow(Fated Output} Ch(W/min) 448(12.7) Horsepower at Rated kW.' hp 86 Marc Backpressure(Post Sliencoo inHg(Kpa) 1.5(5.1) Piston Speed tVmin(m/min) 1335 Exhaust Temp(Rated Output) -T(OC) 1044(562) BMEP PSI 169 Must Outlet Size(Open Set) mm(in) 63.5(2.5) Rdv to'EmLWos DA SMA'br MM&Yw WP kr EPA XW SCAM pffmiffing purpun Deraton-Operational characterlsfics consider maximum ambient conditions.Derate factors may apply under aly*W site conditions.Rem cWsult a Generac:Amr Systems Industrial Dealer for additional details.Air performance ratings In accordance with IS03046,BS5514,tM28 and OIN6271 standards. GENERAC I allJUS T I uL. dimensions _ * e� PEN SET RUN TIME USABLE HOURS CAPACITY L x W x H in(mm) WT lbs(kg)-Tank&Open Set GAL(L) N0 TANK 76(1930.4)x 38(914.4)x 45(1143) 1756(796) 48 54(204,4)._. .�..k ) .....14) ._.. 7fi(1930.4 x 38(914„4)x 58(1473,2) 2236(1014) _ 117 132(499.7) 76(1930.4)x 38(914.4)x 70(1778) 2466(1119) 4_ W187 211(796 7) 76(1930.4)x 38(914.4)x 82(2082.8) 2875(1213) ..,,,,. 266 300(1135,6) 93(23622)x 38(914.4)x 86(2184.4) 2738(1242) S1ANUARO ENCLOSURE RUNTIME USABLE WTlbs(kq)-Ericlosue0nry HOURS CAPACITY L x W x H in(mm) GAL(L) Steel w.w Aluminum IH NO TANK 95(2413)x 38(%52)x 50(1270) 48 54(204.4) 95(2413)x 38(965"2)x 63(1600.2) . . f 117 1 132(499.7) 95(2413)x 38(965.2)x 75(1905) 334(152) 115(52) 187 1 211(798.7) 95(2413)x 38(965.2)x87(2209.8) L TW 266 300(1135.6) 95(2413)x 38(965.2)x 91(2311.4) LEVEL 1 ACOUSTIC ENCLOSURE RUNTIME USABLE WT lbs(k9)-Enclosure 0nly HOURS CAPACITY L x w x H in(mm) GAL(L) Steel Aluminum NO TANK 113(2870.2)x38( 5 2)x50(1270) w 48 54(204.4) 113(2870,2)x 38(965 2)x 63(16002) 117 132(499.7) 113(2810.2)x 38(965 2)x 75(1909) 435(198) 150(68) .. 187 2111798.7) 113(28702)x 38(965 2)x 87(2209.8) 268 300(1135 8) 113(2870.2)x 38(9652)x 91(2311.4) LEM 2 ACOUSTIC ENCLOSURE USABLE WT lbs(kg)-Enclosure Only RUN TIME y HOURS CAPACITY L x W x H In(mm) GAL(L) Steel Aluminum NO TANK 95( 2413)x%(9652)x 62.(1574 8) 48 54(204.4) 95(2413)x 38(%52)x 75(1905) 111 132(499.7) 95(2413)x 38(965.2)x 87(2209.8) 520(236) 179(81) 187 211(198.7) 95(2413)x 38(965.2)x 99(2514.8) 266 300(1135.6) 95(2413)x 38(965.2)x 103(2616.2) -ATI mewremdds are approAmate and for esllmbtlon purposes only.Sound dBA can be found on the L. W sound data sheet.Enclosure Only weight is added to Tank&Open Set weight to detumine total weight. YOUR FACTORY RECOGNIZED GENERAC GENEINMTPJAL DEALER Specification characteristics may change YARW notice.Dimensions and wehghis ue for prekmMary pwposes only.Plane consult a Generac Power Syslems Indmelal Deaher for detaA®d Installation dmwkW. Generac Power Systems,Inc.•S45 W29290 HWY.59, Waukesha,WI 53189•pnerac.com 02013 Gmac Power Systems,Inc.N 46 reserved.All speftsdnna are suW to change without notice.B Asan OK5090-A/PdnW in U.S.A.I1/0*13 Exhibit P VISION Engineering CIVIL • STRUCTURAL• MUNICIPAL• ENVIRONMENTAL August 8, 2015 Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: New Cingular Wireless, PCS, LLC Telecommunications Tower Application(s) Stormwater Mitigation Attn: Laura Moore, Land Use Planner This correspondence is being provided to clarify the simplified stormwater design calculations and measures depicted on VISION Engineering, LLC Drawing T-3 for the above project. The project is located in the Town of Queensbury and the Lake George Park, and is subject to regulations for stormwater management and erosion and sediment control. In review of the applicable regulations, it is our determination that the project is not classified as "land development activity" as defined in the Town regulations applicable to land development and/or disturbance which exceed 1-acre. However, since the project is within the limits bound by the authority of the Lake George Park Commission (LGPC), additional regulations apply. This project is estimated to disturb 9148 square feet of land in order to develop the proposed telecommunication compound and install site utilities. According to the LGPC stormwater regulations, and the standards also implemented by the Town, this project would be a "Minor" project classification since it disturbs less than 15,000 square feet. Minor projects are permitted to utilize a simplified methodology for mitigation of stormwater runoff. The standards require, when using this method of simplified analysis, that the runoff be calculated using 1.5 gallons of runoff for every square foot of net increase in impervious area proposed. The 1.5 gal/sf of runoff is equivalent to 2.4-inches of precipitation/runoff which must be mitigated through use of stormwater devices such as on-site storage and infiltration. The project proposes to install a telecommunication compound which consists of 12-inches of No. 1&2 stone bedding. This entire stone bedding is being utilized as a temporary storage device (utilizing voids) until the "runoff' can infiltrate into the subsurface below. The subsurface was field tested and determined to have a varying infiltration rate. However the slowest measured infiltration rate was 3-inches per hour. In more simplified terms, the subsurface can infiltrate three inches of precipitation/runoff/water in just one hour. The proposed 12-inch stone bedding has a storage capacity of 4.8 inches per square foot (12" x 40% void ratio). This means the required 2.4 inches of runoff, based upon the simplified approach, can easily be stored entirely within the stone bedding. According to field testing results of 3-inches per hour for a subsurface infiltration rate, the required 2.4-inches of runoff would fully drain into the subsurface in just 48 minutes, then the full capacity of the stone bedding would be available for the next storm event. It is noteworthy to state this simplified type of analysis assumes the entire area proposed for development is impervious and is not based upon the 1.5 gallons per square foot being applied to only the net increase in impervious. What is depicted on Drawing T-3 in the Stormwater Mitigation notations is similar to the above methodology and analysis. However, Drawing T-3 shows the actual design storm events for this location, often required of such an analysis, rather than the simplified requirements of the LGPC. As can be seen from reviewing the design storm event precipitation amounts, the stone bedding proposed can store up to the entire 50-year design storm precipitation of 4.8-inches, without requiring any infiltration. What the calculations also indicate is that the 100-year storm event can easily be 16 Pearl Street•Suite 200•Glens Falls, NY• 12801 •P: 518.792.9264• F: 518.792.9282 www.visionengineering.org accommodated by the stone bedding, with only a minimal amount of infiltration required over the 24- hour storm period. Considering the conservativeness of the above simplified analysis, and considering only minimal (0.21 acres) land disturbance is proposed, and further considering only a small amount of impervious cover is actually planned for the project, it can be concluded that the stone bedding proposed, utilized as a temporary storage device until infiltration can take place into the subsurface, is adequate for this applications and the proposed development to meet the intent of the regulations to mitigate runoff and reduce stormwater impacts on nearby environmental resources. Sincerely, Daniel W. Ryan, P.E. 2 Exhibit Q A41011kL Y,zw York State Department of Environmental Conservation Division of Environmental Permits 232 Golf Course Road, Warrensburg,NY 12885 Phone: (518)623-1281 -Fax: (518)623-3603 Website: v w A c i",,oy Joe Martens Commissioner June 25,2012 Mr. Stephen Griffin Mine File#50232 Kubricky Construction Corp. DEC # 5-5234-00022/00001 269,Ballard Road Permit Expiration Date: 06/24/2017 Wilton,NY 12831 County: Warren Town: Queensbury Dear Mr. Griffin: Your DEC mining permit and permit sign are enclosed. The permit sign must be conspicuously posted at the entrance to the mine site. If the permit or permit sign is lost or destroyed, contact this office for a certified copy. The operation of the mine must comply with the provisions of the New York State Mined Land Reclamation Law, the Rules and Regulates pertaining to the law,the approved Mined Land Use Plan, and the conditions attached to this permit, BE SURE TO READ THE PERMIT CONDITIONS. THEY INDICATE HOW THE MINE MUST BE OPERATED AND RECLAIMED. FAILURE TO OBSERVE ANY OF THESE CONDITIONS WILL CONSTITUTE A VIOLATION OF THE LAW. The approved mining plan map referenced on page I of the permit shows all areas to be affected by mining until the end of the permit term. All mining activity must be confined within the approved areas. Before conducting any mining activity not approved under your existing permit, you must apply for and receive a permit modification from the Department. In the event the permittee intends to expand the life of mine acreage, please be aware of the following,the permittee will delineate the life of mine boundary on the ground by stakes and flagging. The stakes must be at least 3 feet high. The distance between these flagged stakes must be no greater than 75 feet measured laterally between stakes inserted in the ground along the life of mine boundary. This deJineation will be based on the life of mine boundary as shown on the approved Mine plan map. The staked and flagged boundaries must be maintained Until final reclamation is approved. When applying to renew your permit please allow 60 days for processing. If you decide to stop mining, you must file a "Mining Termination Notice" at least 60 days before the expected mining termination date. Notices are available at this office. This permit does not release you from the need to secure the approval to mine from other State agencies or local governments if they require it. If you have any questions, please contact the Minerals Office at 8) 623-128 Si I are S. M' jio Enclosures Deputy Regional Permit Administrator C Minerals,Warrensburg Town Supervisor- certified t ea NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 5-5234-00022 PERMIT Under the Environmental Conservation L Cf, Permittee and Facility Information _..._. _—.w _ ....... _......----------- Permit Issued To: Facility: KUBRICKY CONSTRUCTION CORP KUBRICKY CONSTRUCTION CORP 238 BAY RD RIDGE RD PO BOX 3202 GLENS FALLS, NY 12801 GLENS FALLS, NY 12801-3202 Facility Location: in QUEENSBURY in WARREN COUNTY Facility Principal Reference Point: NYTM-E: 611.204 NYTM-N: 4805.073 Latitude: 43°23'25.1" Longitude: 73°37'37.1" Authorized Activity: The.mining of sand and gravel, and material processing by screen and crushing, on lands owned by the permittee. Approved operations involve a total of 3.8 acres of affected land during the permit term. The affected acreage comprises a portion of a 7.8 acre life of mine area, with 4.0 acres of concurrent reclamation completed and approved by the Department, to date. This is a renewal of the previous permit. Permit Authorizations Mined Land Reclamation - Under Article 23, Title 27 Permit ID 5-5234-00022/00001. Renewal Effective Date: 6/25/2012 Expiration Date 6/24/2017 —_. ���. ... .. ...... ..,_..YS_.. EC..A....._ roval..._ _.. ... . .. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator:MARC S MIGLIORE, Deputy Regional Permit Administrator Address: REGION ARRENSBC G SUB-OFFICE 232 GO OI, I SE l _1..� WA R J1tG, NY r 5 Authorized Signature: --- Date 6-1 -----/ l _ Page I of 5 J, da NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 5-5234-00022 Permit Components --------- MINED LAND RECLAMATION PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS MINED LAND RECLAMATION PERMIT CONDITIONS 1. Bond, Surety to Remain in Force Any required reclamation bond or other surety, in an amount determined by the Department, shall be maintained in full force and effect. Such a bond or other surety shall not be terminated until the reclamation of the mined area is approved by the department in writing. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such plans were approved by DEC Staff on 6/14/2012 and consist of the following items: Mining Plan Map revised on 4/23/2012, Reclamation Plan Map updated 11/27/2006, and Mined Land Use Plan narrative dated July, 1979. All items prepared by Kubricky Construction Corp. MINING 3. Maintain Area Markers for Permit Term The permittee shall provide permanent markers such as stakes, posts or other devices acceptable to the Department to identify and delineate the permit area, as outlined on the approved Mining Plan Map. These markers are to be installed prior to the start of mining and shall be maintained for the duration of the permit term. 4. No Unpermitted Discharge Outside Limits of Mine There shall be no natural swales or channels or constructed features such as ditches, pipes, etc., that are capable of discharging waters to any offsite areas or to any areas outside the limits of the Life of Mine except those explicitly described and shown in the narrative and graphic portions of the approved Mined Land Use Plan. All silt laden water and storm water generated on, or running across, the site shall be retained within the approved project area. The permittee must comply with all applicable State Pollutant Discharge Elimination System (SPDES) permit requirements and provide necessary notifications for off-site point source discharges. 5. Clear Trees, Etc., Dispose of Properly Before Mining All trees, stumps, and brush must be cleared from areas of the mine site to be mined during any calendar year and disposed of in a manner approved by DEC before mining for that year begins. 6. Strip and Stockpile Soils for Reclamation Prior to the excavation of previously undisturbed areas, topsoil and overburden shall be stripped, stockpiled separately, and used for reclamation of mined areas. These stockpiles shall be seeded to establish a vegetative cover within 30 days, or as soon as practicable following their construction. The permittee shall locate all overburden stockpiles within the permitted Page 2 of 5 le NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 1"W Facility DEC ID 5-5234-00022 area of the approved Life of Mine. Sufficient quantities of topsoil must be retained on the site for use in reclamation, unless prior approval is granted by the Department. 7. Dust Control Water or other approved dust palliatives must be applied to haulageways and other parts of the mine, as often as necessary, to prevent visible dust from leaving the mine property. 8. Prevent Contamination of Water Any contamination of surface or subsurface water must be prevented, 9. Fueling of Equipment and Reporting of Spills Fueling of equipment shall be controlled to prevent spillage. Any spillage of fuels, waste oils, other petroleum products or hazardous materials shall be reported to the Department's Spill Hotline number (1-800-457-7362) within 2 hours. The permittee shall retain the Department's Spill Response number for immediate access in the permittee's office and at the mine site. 10. Mining at Least 5' Above Groundwater All mining must be conducted at least 5 feet above the mean annual high groundwater table. The permittee must dig occasional test holes in the mine floor at least five feet deep in order to determine compliance with this condition. 11. Minimum 25' Separation From Property Line No mining activity of any kind, including clearing and grubbing, shall occur within 25 feet of any adjacent property line or right-of-way. When mining is conducted lower than the adjacent property, the distance from the floor of the mine to the nearest property line shall be no closer than 25 feet plus 1.5 times the depth of the excavation. 12. No Wastes at Mine There shall be no disposal, storage, transfer or processing of trash or garbage, demolition debris, or other wastes regulated under the Environmental Conservation Law in the mine. RECLAMATION 13. Cover Large Rocks and Boulders Large blocks of rocks, boulders or similar materials remaining within the permit area shall be removed or covered with a minimum compacted depth of two feet of cover material with a soil composition capable of sustaining vegetative growth. 14. Bury, Remove Wastes All waste generated by mining activity, including trees, stumps, brush and rock rubble must be buried at the mine site or otherwise disposed of in a manner approved by the Department. 15. Soil Cover for Plant Growth Portions of the permit area incapable of supporting vegetative growth shall be covered with a minimum of six inches of cover material with a soil composition capable of sustaining plant growth. 16. Final Reclamation Grades All affected areas of the mine shall shall not exceed final grades as depicted in the approved mining and reclamation plans. 17. Successful evegetation Standard Revegetation of the mine site to perennial grasses must be established over a minimum of 75%. Lime, fertilizer, seed and mulch must be applied to reclaim the mine site in accordance with the approved mined land use plan. 18. Removal of Stockpiles and Equipment All mineral stockpiles, mining and processing equipment, fi and personal property must be removed from the life of mine area at the time of final reclamation. Page 3 of 5 Am dahmo NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 5-5234-00022 19. Successful Revegetation The permittee must successfully reclaim the entire life of mine area within two years of the permit expiration date, according to th approved reclamation plan. GENERAL CONDITIONS - Apply to ALL Authorized Permits: ................... .....--------- -----------..........._--__-l'____-'__,_,_._.._...................................................................... .........................------- ""'....... ------_­­ ­­," __­_____:__'_'__.................... 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71.- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship oft is Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit,renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires, Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator REGION 5 WARRENSBURG SUB-OFFICE 232 GOLF COURSE RD WARRENSBURG, NY12885 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Mined Land Reclamation. 5. Permit Modifications, Suspensions and Revocations byte Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; f IN, c. exceeding the scope of the project as described in the permit application; Page 4 of 5 ea NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IWMP" Facility DEC ID 5-5234-00022 d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; ' e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS ------------- ....... ............. ......... I............. ................................... Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining they Required Permits The permittee isresponsible for obtaining any other permits, approvals, lands, easements and'rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No it to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 5 of 5