Loading...
HomeMy WebLinkAbout20180400 2018.044 NeumannBldgVerizonWireless_AppJEFFREY S. BAKER DAVID C. BRENNAN JOSEPH F. CASTIGLIONE JAMES A. MUSCATO II J. MICHAEL NAUGHTON ROBERT A. PANASCI ALLYSON M. PHILLIPS DEAN S. SOMMER KEVIN M. YOUNG LAURA K. BOMYEA E. HYDE CLARKE JESSICA ANSERT KLAMI KRISTINA M. MAGNE KRISTIN LAVIOLETTE PRATT Young / Sommer LLC COUNSELORS AT LAW EXECUTIVE WOODS, FIVE PALISADES DRIVE, ALBANY, NY 12205 Phone: 518-438-9907 • Fax: 518-438-9914 www.youngsommer.com April 30, 2018 Via Federal Express Bradley Birge Administrator of Planning and Economic Development City of Saratoga Springs 474 Broadway Saratoga Springs, New York 12866 SENIOR COUNSEL MICHAEL). MOORE KENNETH S. RITZENBERG DOUGLAS H. WARD OF COUNSEL SUE H.R. ADLER ROGER FLORIO LAUREN L. HUNT ELIZABETH M. MORSS SCOTT P. OLSON STEPHEN C. PRUDENTE KRISTIN CARTER ROWE PARALEGALS ALLYSSAT. MOODY AMY S. YOUNG Writer's Telephone Extension: 224 dbrennan®a youngsommer.com RE* Cellco Partnership d/b/a Verizon Wireless Application for Architectural Review 233 Lake Avenue Verizon Wireless Site "Oklahoma Track" Dear Mr Birge: Please find enclosed one original and one digital sets of the following information: 1) An Application for Architectural/Historic Review by the Design Review Commission ("DRC '); 2) Statement of Intent; 3) A Full Environmental Assessment Form; 4) Redacted Building and Rooftop Lease Agreement between Neumann Building, LLC and Cellco Partnership d/b/a/ Verizon Wireless ("VZW"); 5) Documentation of VZW's public utility status and an overview of relevant law; Bradley Birge Administrator of Planning and Economic Development City of Saratoga Springs April 30, 2018 Page 2 6) An overview of the Telecommunications Act of 1996; 7) Copies of VZW's applicable Federal Communications Commission ("FCC") licenses for the Saratoga County area; and 8) RF Justification and Site Selection Analysis prepared by Verizon Wireless' Radio Frequency (RF) Engineer; 9) RF Safety and FCC Compliance report prepared by Millennium Engineering, P.C.; 10) Structural Design Letter prepared by Tectonic Engineering & Surveying Consultants, P.C.; 11) Visual EAF Addendum and photographic simulations; 12) Noise Comparison Letter prepared by Tectonic Engineering & Surveying Consultants, P.C.; and 13) Project Zoning Drawings prepared by Tectonic Engineering & Surveying Consultants, P.C. Also enclosed is a check in the amount of $120.00 for the application fee. We look forward to discussing this further with the DRC at its upcoming May 16, 2018 meeting. In the meantime, if you have any questions concerning this letter or the enclosed materials, please contact me at your convenience. Very truly yours, David C. Brennan, Esq. CC: Kathy Pomponio, Verizon Wireless (via E-mail with enclosures) Colman Burke, Tectonic Engineering (via E-mail with enclosures) YOUNG/SOMMER LLC CHECK 33472 DATE DESCRIPTION INVOICE # AMOUNT DEDUCTION NET AMOUNT j�ETE U�18" Cif'"nazi r 3-5t Oa), Of Fincnce CONTROL NUMBER 00 is Jx) (�Z (.�, TOTALS , Gy - 55 v I X ,) Pd , paraMk' 1r,x1 ., YOUNG/SOMMER LLC 5 PALISADES DRIVE, EXECUTIVE WOODS ALBANY, NEW YORK 12205 ISL2b - 7 1 1' -1 ri;i1 LJT T E r rr KeyBank National Association SCHENECTADY, NEW YORK 12303 1-800-KEY2YOU 29-7/213 33472 DA E CHECK AMOUNT �1 1%" C4 ISG CO PAY OneFtai n CS o�''ili 00QoI tc c3 TO THE ORDER OF n LOrtiniIS6I COYlCf (- rlfAfCC or 5traa Err, n NP AUTHORIZED SIGNATURE V0334720 ':0 2 L3000771: 3 2 5 9000 18 4 2 611' YOUNG/SOMMER LLC 33472 LR2106LN1 TUTTLE PRINTING AND ENGRAVING 800-776-7682 PRINTED IN U.S.A. DESIGN REVIEW COMMISSION CITY OF SARATOGA SPRINGS, SARATOGA COUNTY, NEW YORK In the Matter of the Application of CELLCO PARTNERSHIP d/b/a Verizon Wireless Lands n/f Neumann Building, LLC 233 Lake Avenue City of Saratoga Springs, Saratoga County, New York Section 166, Block 4, Lot 22.1 APPLICATION FOR ARCHITECTURAL REVIEW and STATEMENT OF INTENT Submitted by: Verizon Wireless Kathy Pomponio Manager-- Network Real Estate 1275 John Street, Suite 100 West Henrietta, New York 14586 (585) 321-5435 Tectonic Engineering & Surveying Consultants, P.C. Steven Matthews, P.E. 36 British American Blvd, Suite 101 Latham, New York 12110 (518) 783-1630 Tectonic Engineering & Surveying Consultants, P.C. Colman Burke, Site Acquisition Specialist 3495 Winston Place, Building E, Suite 260 Rochester, New York 14623 (585) 270-8373 Young/Sommer LLC David C. Brennan Esq. Executive Woods Five Palisades Drive Albany, New York 12205 (518) 438-9907 Dated: April 30, 2018 Name APPLICANT(S)* CITY OF SARATOGA SPRINGS DESIGN REVIEW COMMISSION ■ City Hall - 474 Broadway Saratoga Springs New York 12866 Tel: 518-587-3550 x.515 fax: 518-580-9480 www.saratoga-springs.org ARCHITECTURAL / HISTORIC REVIEW APPLICATION IFOR OFFICE USE1 (Application #) (Date received) OWNER(S) (If not applicant) ATTORNEY/AGENT Cellco Partnership d/b/a Verizon Wirele Neumann Building, LLC David C. Brennan, Esq. Address 1275 John St., Suite 100 West Henrietta, NY 14586 18 Division Street, Suite 401 5 Palisades Drive, Suite 300 Saratoga Springs, NY 12866 Albany NY 12205 Phone Email Identify primary contact person: ■ Applicant ❑ Owner Attorney/Agent 5184389907 / dbrennan@youngsommer.com * An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicant's interest in premises: ■ Owner Lessee ■ Under option to lease or purchase PROPERTY INFORMATION Property Address/Location: 233 Lake Avenue Tax Parcel #: 166 66 - 4 - 22.1 (for example: 165.52 —4 — 37) Current Zoning District: I NST -ED Property use ■ Residential — Non-residential/mixed-use Type of Review: Architectural ■ Historic ■ Extension/modification (of current approval) Summary description of proposed action: To collocate a new communications facility on the rooftop Has a previous application been filed with the DRC for this property? No ■ Yes — date(s)? -App. No.(s)? Revised 03/2018 APPLICATION FEE (payable to "Commissioner of Finance"): Residential Structures (principal, accessory) Residential approval — extension Residential - administrative action Non-residential mixed-use sketch $50 $50 $50 $120 Non-residential / mixed-use structures (principal) Non-residential signs awnings, accessory structures Non-residential approval — extension Non-residential - administrative action $360 $120 $120 $120 **A "complete" application consists of 1 hard copy (original) , and I electronic copy of application &ALL other materials as required below: N ew Construction / Additions ❑ Color photographs showing site/exterior details of existing structures and adjacent properties ❑ Site plan, drawn to scale, showing existing & proposed construction, property lines & dimensions, required & proposed setbacks & lot coverage, site features (fences, walks, trees, etc.); on no larger than 2'x3 sheet — smaller preferred if legible ❑ Elevation drawings showing design of all sides of existing & proposed construction — label dimensions, colors, materials, lighting (fixture & lamp type, wattage), etc. - include compass bearing & scale; no larger than 2'x3' sheet — smaller permitted if legible Floor plans for proposed structure, on sheet no larger than 2'x3' — smaller permitted if legible Product literature, specifications and samples of proposed materials and colors ■ Change in exterior building materials (windows, doors, roof, siding, etc.), or color (in non-residential districts only) ❑ Color photographs showing site/exterior details of existing structures and that illustrate affected features Elevation drawings showing all sides of existing & proposed construction — label dimensions, colors, materials, lighting (fixture & lamp type, wattage), etc. - include compass bearing & scale; no larger than 2'x3' sheet — smaller permitted if legible Product literature, specifications and samples of proposed materials and colors ■ ■ Within front yard setbacks in Historic Districts only (Front setbacks: URI & INST-HTR=30'; UR -4=25'; UR -2, UR -3 & NCUD-I =10') - Installation, removal or change in material of drive- and walkways - Installation or removal of architectural, sculptural or vegetative screening over 3' in height - Installation of accessory utility structures or radio/satellite transmission/reception devices (more than 2' diameter) For any of above: ❑ Color photographs showing site/exterior details of existing structures, and of adjacent properties ❑ Site plan showing existing & proposed construction: include property lines & dimensions, required & proposed setbacks & lot coverage, site features (fences, walks trees, etc.) street names compass bearing & scale; no larger than 2'x3' sheet — smaller preferred if legible ❑ Product literature, specifications and samples of proposed materials and colors Signage / Awnings Color photographs showing site/exterior details of existing structures, and adjacent properties Plan showing location of proposed sign/awning structure on building/premises: no larger than 11"x17" Scaled illustration of proposed sign/awning structure and lettering (front view & profile): include all dimensions of structure; type, dimensions and style of lettering or logo; description of colors, materials, mounting method and hardware Descriptions, specifications of proposed lighting including fixture & lamp type, wattage, mounting method, and location Product literature, specifications and samples of proposed materials and colors ■ ■ ■ ■ ■ Demolition ❑ Color photographs showing site/exterior details of existing structures, and of adjacent properties ❑ Site plan showing existing and any proposed structures include dimensions, setbacks, street names, compass bearing, and scale ❑ Written description of reasons for demolition and, in addition: For structures of ' architectural/historical significance , demonstrate "good cause why structure cannot be preserved For structures in an architectural district that might be eligible for listing on National Register of Historic Places, or for a 'contributing" structure in a National Register district (contact City staff), provide plans for site development following demolition - include a timetable and letter of credit for project completion ■ ■ Telecommunication facilities Color photographs showing site/existing structures, and of adjacent properties Site plan showing existing and proposed structures: include dimensions, setbacks, street names, compass bearing, and scale Scaled illustration of proposed structures: include all dimensions; colors, matenals, lighting, mounting details ItConsult Artide 240-12.22 of the City's Zoning Ordinance and City staff to ensure compliance with requirements for visual impact assessment and existing and proposed vegetative screening Revised 03/2018 Request for extension of current approval Identify date of original DRC approval: Current expiration date: Org. App. No. Describe why this extension is necessary and whether any significant changes have occurred either on the site or in the neighborhood. ■ ■ SEQR Environmental Assessment Form Applicants proposing the following must complete "Part I" of the SEQR Short Environmental Assessment Form (available here: http://www.dec.ny.Rov/docs/permits ei operations pdf/seafpartone.pdf) - Construction or expansion of a multi -family residential structure (4 units +) - Construction or expansion (exceeding 4,000 sq. ft. gross floor area) of a principal or accessory non-residential structure • Telecommunications facility, radio antennae, satellite dishes - Demolition Disclosure Does any City officer, employee or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? i IP No ■ Yes - If yes, a statement disclosing the name, residence, nature, and extent of this interest must be filed with this application. Certification I/we, the property owner(s), or purchaser(s)/lessee(s) under contract, of the land in question, hereby request an appearance before the Design Review Commission. By the signature(s) attached hereto, I/we certify that the information provided within this application and accompanying documentation is, to the best of my/our knowledge, true and accurate. I/we further understand that intentionally providing false or misleading information is grounds for immediate denial of this application. I/we hereby authorize the members of the Design Review Commission and designated City staff to enter the property associated with this application for purposes of conducting any necessary site inspections relating to this application. Furthermore, I/we agree to meet all requirements under Article VII for Historic Review or Article VIII for Architectural Revie o • e Zoning Cody •f the City of Saratoga Springs. (applicant signature (applicant signature) Date: Date: If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Date: Owner Signature: Date: Revised 03/2018 FOR OFFICE USE ONLYI This application has been reviewed by the Zoning Enforcement Officer and is being forwarded to the Commission. Signature: Date: Additional Comments: Revised 03/2018 DESIGN REVIEW COMMISSION of the CITY OF SARATOGA SPRINGS SARATOGA COUNTY, NEW YORK In the Matter of the Application of CELLCO PARTNERSHIP d/b/a Verizon Wireless Premises: Lands n/f of Neumann Building, LLC 233 Lake Avenue, Saratoga Springs, New York 12866 Section 166, Block 4, Lot 22.1 I. STATEMENT OF INTENT APPLICATION FOR ARCHITECTURAL REVIEW Introduction CELLCO PARTNERSHIP d/b/a Verizon Wireless ("Verizon Wireless" or the "Applicant") proposes the construction of an unmanned public utility/personal wireless service facility (a 'communications facility"), located on the rooftop of an existing multiple story building owned by Neumann Building, LLC. The premises is located at 233 Lake Avenue in the City of Saratoga Springs, Saratoga County, New York (Tax Map Parcel No. 166-4-22.1), and is located in the Institutional/Educational (INST ED) Zoning District (the project is referred to herein as the 'Oklahoma Track Communications Facility") [TABS 1, 2 and 11] Verizon Wireless is considered a public utility for land use purposes under New York decisional law (Cellular Telephone Company v. Rosenberg, 82 N.Y.2d 364 [1993]) [TAB 3], and a provider of "personal wireless services" under the federal Telecommunications Act of 1996 (the 'TCA') [TAB 4]. Verizon Wireless' equipment will be in operation twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Copies of the applicable Verizon Wireless FCC licenses are included herewith [TAB 5] Pursuant to the City of Saratoga Springs Zoning Ordinance (hereinafter, the "Zoning Ordinance") this project requires Architectural Review by the Design Review Commission (§ 240- 7 5) Although Site Plan Review is listed as a potential approval, it is not required for this specific application. See § 240-6.3.2(A)(2).' To the extent any variance relief is required for this project, this State's highest Court determined in Rosenberg that the ordinary variance standard is inapplicable and a cellular telephone company applying for relief need only show that (1) the relief is "required to render safe and adequate service," and (2) there are "compelling reasons, economic or otherwise," for needing the variance. Cellular Telephone Company v. Rosenberg, 82 N.Y.2d 364, 372 (1993). I Site Plan Review is inapplicable pursuant to § 240-7.2.2(B) as the project does not result in an increase in the number of required parking spaces and there is no change in the impermeable or building coverage at the premises As per conversations with the City of Saratoga Springs Planning Department on other similar installations the only approval required is Architectural Review by the Design Review Commission In the event that the City determines that additional approvals are required, we submit that this application is consistent with the City's land use and zoning regulations and we reserve the right to supplement this submission with additional materials. 1 II. Purpose of Oklahoma Track Facility The purpose of the Oklahoma Track communications facility is to provide an adequate and safe level of emergency and non -emergency Verizon Wireless communications services east of downtown Saratoga Springs. More specifically, the facility will offer significant improvements in both capacity (ability for the network to adequately satisfy the demand for high speed wireless services) and in -building coverage generally between NY State Route 50 to the north, 1-87 to the east, Saratoga Race Course and Oklahoma Track area to the south, and East Avenue to the west (including dense residential development, residences of The Grove luxury apartments, East Side Recreational Park, and many businesses, parking and stable areas at and surrounding the Saratoga Race Course and Oklahoma Training Track), thus supplying necessary capacity relief to the downtown Saratoga Springs sites currently serving the eastern area of the City. The coverage currently in this area of Saratoga Springs originates from Verizon Wireless' existing wireless telecommunications facilities called 'Loughberry Lake" (located 1.4± miles northeast on the stealth "monopine" behind the Synagogue at 84 Weibel Ave), "Saratoga Gaming and Raceway' (located 1 4± miles south on the stealth lookout tower behind the Saratoga Casino Hotel), "Saratoga II" (located 1.2± miles west on the rooftop of 10 Railroad Place), and "Skidmore Campus" (located 1.4± miles northwest on the Jonsson Tower building at Skidmore College). Note that there are several small cell facilities and an Outdoor Distributed Antenna System ("ODAS") along Union Ave near the Saratoga Race Course, but these facilities are low -powered radio units on utility poles and residential apartment buildings that cover small geographic areas generally within 1000 feet of each facility All other Verizon Wireless facilities are too far away and/or are blocked by surrounding terrain and vegetative clutter to provide reliable service to this specific area of Saratoga Springs. Accordingly, construction of a new, locally -based communications facility is required to provide a dominant (i.e., continuous) level of advanced communications service to this area. See, Site Selection Analysis prepared by Verizon Wireless' Radio Frequency (RF) Engineer and Site Acquisition Specialist detailing the purpose and need for this facility [TAB 6]. This project is part of a multi-million dollar comprehensive upgrade of the Verizon Wireless network in Saratoga County, and serves as a suitable platform for future advanced wireless services expansion at the proposed site and deeper into the town's communities and commercial areas. III. Description of Land Use Verizon Wireless proposes to collocate a new communications facility on the rooftop of The Grove, 233 Lake Avenue, owned by Neumann Building, LLC. The new communications facility will consist of the following general components: • Twelve (12) panel antennas and appurtenances mounted on two (2) proposed antenna concealment walls, with an antenna centerline of approximately 45.4' AGL; • 11.5 x 16' telecommunications equipment platform located on the roof, behind an existing parapet wall; • 20kW natural gas fueled AC generator located on the roof; and • Cabling connecting the antennas to the telecommunications equipment and associated utility service connections The total project area is a minimal portion of the existing building, which is located on an 11.27 -acre parcel. The proposed lease areas on the roof and proposed improvements are detailed in the Zoning Drawings at TAB 11. The proposed communications facility is unmanned, and will be 2 visited for routine maintenance purposes approximately 2 - 3 times per year (only as needed). As such, the project will not have any impact on existing water and sewage services In addition, neither pedestrian nor vehicular access to the premises will be impacted [see Zoning Drawings at TAB 11]. IV. Compliance with City Requirements The proposed communications facility complies in all material respects with City requirements: 1. Site Plan: The Applicant has provided a Zoning Site Plan that identifies the proposed improvements, details the leased area, and notes the surrounding property owners and existing setbacks. [TAB 11]. 2. Minimal Visual Impact: As noted above, Verizon Wireless' facilities are designed to have a minimum possible visual effect on the surrounding community and neighborhood. Based on the existing appurtenances already located on the building and the proposed antennas concealment walls, there will be little to no visual impact on the surrounding community [TABS 9 and 11]. 3. Fencing: The proposed antennas and associated platform equipment will be located on the roof and inaccessible to the general public Therefore no fencing is proposed for this facility. 4. Noise Comparison Letter: The Applicant has submitted a noise comparison letter prepared by Tectonic Engineering. The letter indicates that the generator typically runs once per week (during a weekday) for up to 45 minutes to exercise the equipment and to allow remote momtoring of the generator and facility to ensure that, in the event of a power outage, the site will continue to operate using back-up power. The actual start time for the exercise cycle can be set by Verizon Wireless, but will occur during daytime hours. Other than the weekly exercise cycle the generator operates when there is a loss of power to the site The noise analysis indicates that the generator would be nearly inaudible at the nearest property line and nearest residence. [TAB 10]. 5. Structural Analysis: The Applicant has submitted a certification with documentation showing that the rooftop proposed for use in this project is structurally sound for this purpose [TAB 8]. 6. Right to Proceed: The Applicant has provided proof of its right to proceed as proposed on this site, specifically, the property owner has signed the required Saratoga Springs forms and a redacted copy of the lease agreement is attached at TAB 2. 7. Notice of Discontinuance and Removal: Verizon Wireless will notify the Zoning Officer within 30 days of the discontinuance of the approved telecommunications facility, and agrees that all equipment will be removed from the site within four (4) months of the date of discontinued use. Based upon the foregoing, Verizon Wireless respectfully submits that approval is appropriate in this case. In addition, Verizon Wheless notes the following* 3 Public Necessity As noted above and in TABS 3 and 4, Verizon Wireless is recognized as a public utility under New York law and a provider of personal wireless services under the federal Telecommunications Act of 1996. This project is a public necessity in that it is required to render adequate and safe 4G hand-held telephone service (mobile and in -building) to the eastern portion of the City of Saratoga Springs. Location on the existing 30.1'± building (40.9'± when including the existing penthouse), along with the installation of the proposed antenna concealment wall, will enable Verizon Wireless to address a significant gap in wireless services in the downtown Saratoga Springs area. This proposed facility will enhance the public health, safety, welfare and convenience by providing the residents businesses and visitors with efficient, state-of-the-art 4G communications services police, fire and other emergency or non -emergency use. This combined with the federal mandate to expeditiously deploy advanced 4G wireless services across the nation and Verizon Wireless' FCC licenses to provide such services in the City of Saratoga Springs, demonstrates that Verizon Wireless facility is a public necessity. Without the construction of the communications facility proposed, the public would be deprived of an essential means of communication, which, in turn, would jeopardize the safety and welfare of the community and traveling public Compelling Reasons for Approval As is demonstrated by the Applicant's Site Selection Analysis, there are significant gaps in Verizon Wireless network coverage (mobile and in -building) in downtown Saratoga Springs and the area within which Verizon Wireless can locate its facility and provide adequate and safe service to this area is severely constrained due to a number of factors including dense urban development, substantial mature vegetation and terrain in the vicinity, and the location of Verizon Wireless' surrounding facilities. The Applicant's Radio Frequency (RF) Design Engineer has also demonstrated that by locatmg wireless antennas on the building rooftop at the height proposed, Verizon Wireless can provide an adequate and safe level of service to this area. Location on the existing building rooftop is consistent with the objective of siting new communications facilities on existing towers or other tall structures where feasible. Verizon Wireless equipment will be located on a rooftop area that is well-suited for telecommunications use, and the proposed screening generally renders the facility not visible to the traveling or nearby public. In this context, the communications facility proposed has been sited to have the least practical adverse visual effect on the environment, and any resultant visual impact is minimal in nature and scope. As noted above, the Applicant has proposed a facility that will enable Verizon Wireless to provide adequate and safe coverage to an important area of the City of Saratoga Springs, in accordance with its FCC licenses. In this regard, the proposed communications facility will not give rise to an undue visual impact. In sum, approval of the Oklahoma Track Communications Facility will enable Verizon Wireless to provide an adequate and safe level of hand-held 4G wireless telephone service to the downtown Saratoga Springs area in the eastern portion of the City, within the confines of applicable technological limitations and all land use requirements The communications facility will benefit, and will not be detrimental to, the public health, safety, morals and welfare. Gwen the small degree of potential visual impact and site-specific design measures discussed above, this project will not be injurious to the use and enjoyment of other property in the immediate vicinity. 4 V. Conclusion Approval of this project will enable Verizon Wireless to continue to provide an adequate and safe level of hand-held wireless telephone service to a busy area of the City of Saratoga Springs, within the confines of applicable technological limitations and in compliance with all applicable land use requirements. Such approval will also be in the public interest, in that it will allow Verizon Wireless to comply with its statutory mandate to build out and operate its network and provide local businesses, residents and public service entities with safe and reliable wireless communications services. For the reasons set forth herein, Verizon Wireless respectfully submits that this project complies in all material respects with the requirements of the City's land use laws and any potential impact on the community created by approval of this project will be minimal and of no significant adverse effect. Attached to this Application and Statement of Intent are the following: 1) Full Environmental Assessment Form ("Full EAF") prepared by Tectonic Engineering & Surveying Consultants P.C., 2) Redacted, partially executed Building and Rooftop Lease Agreement between Neumann Building, LLC and Cellco Partnership d/b/a Verizon Wireless; 3) Documentation of Public Utility Status and Overview of the Rosenberg Decision; 4) Overview of Telecommunications Act of 1996; 5) Copies of Verizon Wireless' FCC Licenses for the Saratoga County area; 6) Site Selection Analysis and Radio Frequency (RF) Engineering Coverage Plots prepared by the Verizon Wireless Network Engineering Department and Site Acquisition Specialist 7) RF Safety FCC Compliance Report prepared by Paul Dugan, P E of Millennium Engineering, P.C.; 8) Structural Certification of Tectonic Engineering; 9) Standard Visual EAF Addendum with Photographic Simulations prepared by Tectonic Engineering; 10) Noise Comparison Letter prepared by Tectonic Engineering; and 11) Zoning Site Plan Drawings prepared by Tectonic Engineering. Kindly place this matter on the agenda for discussion at the next meeting of the Design Review Commission. In the meantime, if you should have any questions or require any additional information concerning this project, I can be reached at (518) 438-9907. 5 Thank you for your consideration. Respectfully submitted, CELLCO PARTNERSHIP d/b/a Verizon Wireless David C Brennan, Esq. Regional Local Counsel Dated: April 30, 2018 r ca a Full Environmental Assessment Form Part 1 Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or finding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes' or "No '. If the answer to the initial question is ' Yes" complete the sub -questions that follow. If the answer to the initial question is "No' , proceed to the next question Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A. Project and Sponsor Information. Page 1 of 13 Name of Action or Project: Verizon Wireless - Oklahoma Track - Unmanned Wireless Communication Facility Project Location (describe, and attach a general location map)' 233 Lake Avenue, City of Saratoga Springs, Saratoga County, New York 12866 Brief Description of Proposed Action Cellco Partnership, d/b/a Verizon Wireless facility located on the existing property the proposed facility will originate from In general, the installation will consist of behind proposed screen walls at a center related coaxial cabling and utility services (include purpose or need): ( Verizon Wireless" or the "Applicant") proposes the Said property being located on Lake Avenue approximately Lake Avenue utilizing the existing paved access road. the following: twelve (12) antennas and related equipment -line height of 45.4'±, an 11'-6" x 16'-0' equipment platform (power and telephone). installation of an unmanned wireless communications 0.06 miles east of Excelsior Springs Avenue. Access to to be mounted to the existing 40.9' ± tall building within a 16'-6" x 20-0" rooftop lease area, and all Name of Applicant/Sponsor: Cellco Partnership, d/b/a Verizon Wireless Telephone: (585) 321-5435 E -Mail: Kathy.Pomponio@VerizonWireless.com Address: 1275 John Street, Suite #100 City/PO: West Henrietta State: New York Zip Code: 14586 Project Contact (if not same as sponsor; give name and title/role): David C. Brennan, Esq., Young/Sommer LLC Telephone: (518) 229-8699 E -Mail: DBrennan@youngsommer.com Address: Executive Woods, Five Palisades Drive City/PO: Albany State: New York Zip Code: 12205 Property Owner (if not same as sponsor): Neumann Building LLC Telephone: E -Mail: Address: 18 Division St Ste 401 City/PO: Saratoga Springs State:NY Zip Code:12866 Page 1 of 13 B. Government Approvals C. Planning and Zoning B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax assistance.) relief, and any other forms of financial Government Entity If Yes: Identify Agency and Approval(s) Required Application Date (Actual or projected) a. City Council, Town Board, ❑Yes or Village Board of Trustees ■ Yes FA No FAINo proceed b. City, Town or Village ❑Yes Planning Board or Commission C.2. Adopted land use plans. land use include the site !FA !►I No a. Do any municipally- adopted (city, town village or county) comprehensive plan(s) where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? c. City Village Council, Zoning Town or Board of Appeals 9 ❑Yes No b Is the Brownfield or other?) If Yes, NYS !FA No d. Other local agencies mYes No Building Design Department - Building Permit Review Commission - Architectural Review TBD II No e. County agencies Counting Planning Department Approval TBD ■ ! 4Yes❑No Yes !FA No f. Regional agencies ❑Yes FA No g. State agencies IN Yes FA No h. Federal agencies ❑Yes FA No i. Coastal Resources i. Is the project site within a Coastal Area, or ii. Is the project site located in a community iii. Is the project site within a Coastal Erosion the waterfront area of a Designated Inland Waterway? with an approved Local Waterfront Revitalization Program? Hazard Area? ❑Yes mNo ❑ YesmNo ❑ YesmNo C. Planning and Zoning Page 2 of 13 C.1. Planning and zoning actions. Will administrative only approval(s) • • local law, ordinance, rule or regulation be the ■ Yes FA No or legislative adoption, or amendment of a plan, which must be granted to enable the proposed action to proceed'? If Yes, complete sections C, F and G. If No, to question C 2 and complete all remaining sections and questions in Part 1 proceed C.2. Adopted land use plans. land use include the site !FA Yes ❑No a. Do any municipally- adopted (city, town village or county) comprehensive plan(s) where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? ❑Yes 9 No b Is the Brownfield or other?) If Yes, NYS site of the proposed action within any local or regional special planning district (for example: Greenway Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; identify the plan(s)• Major Basins:Upper Susquehanna 9 Yes No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ■ Yes !FA No Page 2 of 13 D. Project Details C.3. Zoning D.1. Proposed and Potential Development Is the the action located in a municipality with an adopted zoning law or ordinance fl Yes I• No a. If Yes INST-ED: b. Total acreage to be physically disturbed? o acres what site of is the Institutional c. Is the proposed action an expansion of an existing project or use? i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing square feet)? % Units: ❑ proposed zoning FA Education classification(s) including any applicable overlay district? d Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ONo If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial, if mixed, specify types) ii. Is a cluster/conservation layout proposed? in. Number of lots proposed? IIS Yes ❑No iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will proposed action be constructed in multiple phases? i. If No, anticipated period of construction: 2 months ■ b. Is the use permitted or allowed by a special or conditional use permit? !►/No U Yes of one phase may ii. If Yes: • Total number of phases anticipated No • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases, including any contingencies where progress determine timing or duration of future phases• c. Is a zoning change requested as part of If Yes, i. What is the proposed new zoning for the proposed action? the site? No ■ Yes 14 C.4. Existing community services. a. In what school district is the project site located? Saratoga Springs City School District (3 Blue Streak Boulevard, Saratoga Springs, NY 12866) b. What police or other Saratoga Springs Police public protection Department (5 Lake forces serve the project Ave. Saratoga Springs, NY site? 12866) c. Which fire protection and emergency medical services serve Saratoga Springs Fire Department (60 Lake Ave, Saratoga Springs, the project site? NY 12866) d. What East parks Side serve Recreational the project Park site? (226 Lake Ave, Satatoga Springs, NY 12866) D. Project Details Page 3 of 13 D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational, if mixed, include all components)? Unmanned public utility/personal wireless service facility b. a. Total acreage of the site of the proposed action? 11.27 acres b. Total acreage to be physically disturbed? o acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? n 01 RR acres c. Is the proposed action an expansion of an existing project or use? i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing square feet)? % Units: ❑ Yes FA No units, d Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ONo If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial, if mixed, specify types) ii. Is a cluster/conservation layout proposed? in. Number of lots proposed? IIS Yes ❑No iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will proposed action be constructed in multiple phases? i. If No, anticipated period of construction: 2 months ■ Yes !►/No of one phase may ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases, including any contingencies where progress determine timing or duration of future phases• Page 3 of 13 Page 4 of 13 f Does the project include If Yes, show numbers One new residential of units proposed. Family uses? Two Family Three Family Multiple Family (four or more) ❑Yes®No Initial Phase At completion of all phases g. Does the proposed If Yes, i. Total number of ii. Dimensions (in feet) iii Approximate extent action include new non-residential structures 1 construction (including expansions)? PLF height; 11 5' Pi r width; and 16.0' PLF length Yes No 'I of largest proposed of building space to structure: 10.8' 0 square feet be heated or cooled: h Does the proposed action include construction or other activities that will result in the impoundment of any of a water supply, reservoir, pond, lake, waste lagoon or other storage? ❑Yes !/ No liquids, such as creation If Yes, i. Purpose of the impoundment. ii If a water impoundment, the principal source of the water: ❑ Ground water ❑ Surface water streams ❑Other specify: iii. If other than water, identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. v Dimensions of the proposed dam or impounding structure: vi. Construction method/materials for the proposed dam Volume* million gallons surface length area: wood, acres concrete): height; or impounding structure (e.g., earth fill, rock, D.2. Project Operations a. Does the proposed action include any (Not including general site preparation, materials will remain onsite) If Yes: i .What is the purpose of the excavation ii. How much material (including rock, • Volume (specify tons or cubic • Over what duration of time? iii. Describe nature and characteristics excavation, or earth, yards): mining, or dredging, during construction, operations, or both? grading or installation of utilities or foundations where all excavated dredging? ❑Yes ON° sediments, etc.) is proposed to be removed from the site? dispose of them. of materials to be excavated or dredged, and plans to use, manage or iv. Will there be onsite If yes describe. dewatering or processing of excavated materials? ❑Yes❑No v. What is the total area to be dredged or vi. What is the maximum area to be worked vii. What would be the maximum depth of viii. Will the excavation require blasting? ix. Summarize site reclamation goals and excavated? acres acres ❑Yes FN° at any one time? excavation or plan. dredging? feet b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number description): N Yes®No geographic or Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: iii. Will proposed action cause or result in disturbance to bottom sediments? If Yes, describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑ Yes No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): Yes No • proposed method of plant removal: . • if chemical/herbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c. Will the proposed action use, or create a new demand for water? If Yes: i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? • Is the project site in the existing district? • Is expansion of the district needed? • Do existing lines serve the project site? iii. Will line extension within an existing district be necessary to supply the project? If Yes: • Describe extensions or capacity expansions proposed to serve this project: Yes I1No Yes ❑No Yes ❑ No Yes ❑ No Yes ❑ No Yes ❑ No Yes alb • Source(s) of supply for the district: iv. Is a new water supply 1 district or service area proposed to be formed to serve the project site? ❑ Yes No If, Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: vi. If water supply will be from wells (public or private), maximum pumping capacity: gallons/minute. d. Will the proposed action generate liquid wastes? If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each) : Yes JNo iii. Will the proposed action use any existing public wastewater treatment facilities? If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing ❑ wastewater treatment plant have capacity to serve the project? Yes No • Is the' roect site in the existing district? ❑ Yes ❑No p � � ❑ • Is expansion of the district needed? Yes ONo Yes ['No I Page 5 of 13 Page 6 of 13 • Do existing • Will line If Yes: • Describe lines the Yes No No sewer serve project site? Yes district be necessary to serve the project? extension within an existing extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater If Yes: • Applicant/sponsor • Date application • What is v. If public facilities receiving water (sewage) treatment district be formed to serve the project site? for new district: ■ Yes No submitted or anticipated: the receiving water for the wastewater discharge? will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed (name and classification if surface discharge, or describe subsurface disposal plans): vi. Describe any or designs to capture, recycle or reuse liquid waste: plans e. Will the proposed sources (i.e. ditches, source (i.e. sheet If Yes: i. How much impervious action disturb more than one acre and create stormwater runoff either from new point pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point flow) during construction or post construction? surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) ■ Yes !/ No Square feet or acres (parcel size) of new sources. ii. Describe types point iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? • If to surface identify receiving water bodies or wetlands: waters, • Will stormwater runoff flow to adjacent properties? iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater? ■ YesDNo O No D Yes it or more sources of air emissions, including fuel !A Yes No f. Does the combustion, If Yes, identify: i. Mobile Construction proposed sources action include or will use on-site, one waste incineration, or other processes or operations? during project operations (e g , heavy equipment, fleet or delivery vehicles) Equipment ii. Stationary N/A sources during construction (e.g., power generation, structural heating, batch plant, crushers) iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) Natural Gas Generator g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non -attainment area? (Area routinely or periodically fails to meet ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) DYes DYesDNo !4 No • Tons/year (short tons) of Nitrous Oxide (N20) • Tons/year (short tons) of Perfluorocarbons (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF6) • Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page 6 of 13 Page 7 of 13 h Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, DYes composting facilities)? methane in tons/year (metric): W4 No landfills, If Yes• 1. Estimate ii. Describe generation any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as DYes quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): FA No J. Will new If Yes: i. ii. iii. iv. v. vi. vii viii. the proposed action result in a substantial increase in traffic demand for transportation facilities or services? ■ above present levels or generate substantial Morning D Evening OWeekend DYes!4 No When is the traffic expected (Check all that apply): peak roads, truck trips/day: ■ Randomly between hours of to For commercial activities only, projected number of semi -trailer Parking spaces Existing Proposed Net increase/decrease DYesDNo access, describe: creation of new roads or change in existing Does the proposed action include any shared use parking? If the proposed action includes any modification of existing Are public/private transportation service(s) or facilities available within 1/2 mile of the proposed site? Will the proposed action include access to public transportation or accommodations for use of hybrid, electric or other alternative fueled vehicles? Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing pedestrian or bicycle routes? Yes Yes No No No ■ DYes ■ k. If i. ii. iii. Will the proposed action (for commercial or industrial projects for energy? Yes: Estimate annual electricity demand during operation of the proposed only) generate new or additional demand DYes!!4 action: No Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other) Will the proposed action require a new, or an upgrade to, an existing substation? DYesDNo 1. Hours 1. of operation. Answer all items which apply. During Construction: • Monday - Friday: 8-5 ii. During Operations: • Monday - Friday: 24 hours • Saturday: 24 hours • Saturday: • Sunday: 24 hours • Sunday: • Holidays: 24 hours • Holidays: Page 7 of 13 Page 8 of 13 m. Will the proposed operation, or If yes: a. Provide details action produce noise both? including sources, time associated with of that the will exceed day and duration: operation of existing construction ambient noise levels during equipment once construction construction, of the proposed facility !/ Yes ❑No complete the is During construction, on-site generator noise will be the only contributing factor to noise levels. ii. Will Describe: proposed action remove existing natural barriers that could act as a noise barrier or screen? ■ Yes !I No n Will the proposed source(s), action location(s) LED have outdoor height light fixtures lighting? of attached fixture(s) to the direction/aim, roof structure and of proximity to nearest occupied the proposed platform, designed to illuminate structures: the area !/ Yes ❑No around the in and If yes i Describe Four (4) switch equipment platform. operated barrier ❑ Yes !I No ii. Will Describe: proposed action remove existing natural barriers that could act as a light or screen? hour day? ❑ Yes !A No o. Does the proposed If Yes, describe occupied structures: action have the potential to produce odors for more than one per possible sources, potential frequency and duration of odor emissions, and proximity to nearest of over 1,100 gallons) ❑ Yes v./No p. Will the proposed or chemical If Yes• i. Product(s) ii. Volume(s) iii. Generally products to action include any bulk storage of petroleum (combined capacity 185 gallons in above ground storage or any amount in underground storage? be stored per unit time storage (e g , month, year) facilities: describe proposed q. Will insecticides) If Yes: i. ii. the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, during construction or operation? Describe proposed treatment(s): ■ Yes ►4 No Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r. Will of If Yes: i. ii. iii. the proposed solid waste Describe • Construction: • Operation Describe • Construction• any any action (commercial (excluding hazardous solid waste(s) to be or industrial materials)? generated during projects tons tons recycling construction per per only) involve or require the or operation of the facility (unit of time) management or disposal ❑ Yes time) disposal as solid waste: v4 No (unit of : or reuse of materials to avoid proposals for on-site minimization, • Operation: for solid waste generated on-site: Proposed disposal • Construction: methods/facilities • Operation: Page 8 of 13 E. Site and Setting of Proposed Action s Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes ® No If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month, if transfer or other non-combustion/thermal treatment, or E1. Land uses on and surrounding. the project site • Tons/hour if combustion or thermal treatment iii If landfill, anticipated site life* years Existing land uses. i Check all uses that occur on, Urban 0 Industrial ❑ t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑Yes waste? If Yes: Name(s) hazardous wastes or constituents to be generated, handled or managed at facility project site. (suburban) FA No ■ i. of all Commercial Generally describe or activities involving hazardous wastes or constituents: ii. processes iii. Specify amount to be handled or generated tons/month for minimization, recycling or reuse of hazardous constituents: iv. Describe any proposals on-site (specify): Religious, Park hazardous waste facility? Yes !/ No v. Will any hazardous wastes be disposed at an existing offsite If Yes: name and location of facility ■ Aquatic provide If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility E. Site and Setting of Proposed Action Page 9 of 13 E1. Land uses on and surrounding. the project site a. Existing land uses. i Check all uses that occur on, Urban 0 Industrial ❑ adjoining and near the project site. (suburban) Rural (non-farm) ■ Commercial !I Residential ■ (specify): Religious, Park !/ Other ❑ Agriculture ■ Aquatic !A Forest ii. If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use Covertype or Current Acreage Acreage Project After Completion Change (Acres +/-) • Roads, buildings, and other surfaces paved or impervious 4.17 4.17 0.0 • Forested 7.10 7.10 0.0 • Meadows, agricultural grasslands or brushlands (non- including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface (lakes, water features ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) • Other Describe: Page 9 of 13 Page 10 of 13 c Is the i If project site presently Yes: explain: Proposed used installation by members is located of the on community the roof of a for public recreation? housing complex property that contains some outdoor amenities. W4 Yes ■ No d. Are there any facilities serving children the elderly, people with disabilities (e.g., schools, hospitals, licensed day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: St. Clements Regional Catholic School ,4 Yes No dam? ■ Yes !A No e Does If Yes: i ii. in. the project site contain Dimensions of the dam and • Dam height: • Dam length: • Surface area • Volume impounded: Dam's existing hazard classification* Provide date and summarize an impoundment: existing feet feet acres gallons OR acre-feet results of last inspection: industrial solid waste management facility, ■ Yesr4 No f. Has or If Yes: i. ii. iii. the project site ever been used as a does the project site adjoin property Has the facility been formally closed? • If yes, cite sources/documentation: Describe the location of the project site municipal, commercial or which is now, or was at one time, used as a solid waste management facility? ❑Yes❑ No relative to the boundaries of the solid waste management facility: Describe any development constraints due to the prior solid waste activities: g. Have property If Yes: i. hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? Describe waste(s) handled and waste management activities, including approximate time when activities occurred: ■ Yes®No h. Potential remedial If Yes: i Is Remediation contamination actions been any portion of the database? Yes — Spills Incidents Yes — Environmental history. Has there been a reported conducted at or adjacent to the proposed site listed on the NYSDEC Spills Incidents Check all that apply: database Site Remediation database of RCRA corrective activities, describe spill at the proposed project site, site? database or Environmental Provide DEC ID number(s): Provide DEC ID number(s): control measures: or have any Site Yesr4 No Yes No ■ ii. If ❑ ■ Neither database site has been subject iii. If yes, iv. Is the project within 2000 feet provide DEC ID number(s): If yes to (i), (ii) or (iii) above, describe of any site in the NYSDEC Environmental Site Remediation database? ❑Yes FA No current status of site(s): Page 10 of 13 Page 11 of 13 v. Is the project site subject to an institutional control limiting property uses? • If DEC site ID number: Yes No yes, • Describe the type of institutional • Describe any use limitations: • Describe any engineering controls: control (e.g., deed restriction or easement): in Yes No ■ • Will the project affect the institutional or engineering controls place? • Explain: E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? >7 feet b. Are there bedrock outcroppings on the If Yes what proportion of the site is comprised project site? of bedrock outcroppings? ❑Yes !O No c. Predominant soil type(s) present on project site: w;nr1¢nr I Sanri 100 % WnA - namv % % d. What is the average depth to the water table on the project site? Average: >7 feet e. Drainage status of project site soils• !FA Well Drained: ion % of site ❑ ❑ Moderately Well Drained: % of site Poorly Drained % of site f. Approximate proportion of proposed action site with slopes: ® 0-10%: 100 % of site ❑ 10-15%9 % of site ❑ 15% or greater: % of site ❑ Yes!►I No g. Are there any unique geologic features on the project site? If Yes describe: h Surface water features. contain wetlands or other waterbodies (including streams, rivers, adjoin the project site? skip to E 2 i FA Yes No i. Does any portion of the project site ponds or lakes)? ii. Do any wetlands or other waterbodies If Yes to either z or ii, continue. If No, izi. Are any of the wetlands or waterbodies state or local agency? iv. For each identified regulated wetland Streams Name ❑No ❑No FA Yes within or adjoining the project site regulated by any federal, and waterbody on the project site, provide the following information: Classification FI Yes • • Lakes or Ponds: Name Classification NYS Wetland • Wetlands Name NYS Wetland, Federal Waters Approximate Size ❑Yes ®No • Wetland No. (if regulated by v. Are any of the above water bodies listed waterbodies? If yes, name of impaired water body/bodies DEC) S-14 in the most recent compilation of NYS water quality-impaired and basis for listing as impaired: i. Is the project site in a designated Floodway? ❑Yes [Zf No j. Is the project site in the 100 year Floodplain? ❑YesINo k. Is the project site in the 500 year Floodplain? ❑Yes Jlo 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? ❑YesITho If Yes: Name i. of aquifer: Page 11 of 13 Page 12 of 13 species that occupy or use the project site: m. Identify the predominant wildlife Raccoons Snuirrels nnnnssums Foxes Chipmunks Rirr{s Rahhitc ❑ n. Does the project site contain a designated significant natural community? If Yes: habitat/community (composition, function, and basis for designation): Yes rnT r o i. Describe the ii. Source(s) description or evaluation: of iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government endangered or threatened, or does it contain any areas identified as habitat for an endangered or NYS as ■ Yes in No or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of ❑YesmNo special concern? for hunting, trapping, fishing or shell fishing? II Yes IN° q Is the project site or adjoining area currently used how the action may affect that use: If yes give a brief description of proposed ES. Designated Public Resources On or Near Project Site a. Is the project site or any portion of it, located in a designated agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? district name/number: ■ Yes !►/No If Yes, provide county plus b. Are agricultural lands consisting of highly productive soils present? ❑Yes Yes: site? !►I No i. If acreage(s) on project Source(s) ii. of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered Natural Landmark? If Yes: i. Nature of the natural landmark: ❑ Biological Community ❑ Geological ii. Provide brief description of landmark including values behind designation and approximate National ['Yes Feature size/extent. Fr./ No d. Is the project site located in or does it adjoin a state listed Critical Environmental Area?❑Yes!►/ If Yes• i. CEA No name. Basis for designation. ii. Designating and date: iii. agency Page 12 of 13 F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Phil Cocca Date 4/25/2018 Signature PRINT FORM Title Visual Resource Coordinator Page 13 of 13 e. Does the project site contain, or is it substantially contiguous to a building, archaeological site, or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on, the State or National Register of Historic Places? If Yes: ❑ Yes F2 No Nature historic/archaeological resource• ❑Archaeological Site ■ Historic Building or District i. of ii. Name: iii. Brief description of attributes on which listing is based: f. Is the project site or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? FM No g. Have additional archaeological or historic site(s) or resources been identified on the project site? ❑Yes If Yes: Describe resource(s): FA No i. possible ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local scenic or aesthetic resource? If Yes: Identify ■ Yes !F/ No i. resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc ): iii. Distance between project and resource: miles. the Wild, Scenic and Recreational Rivers ■ Yes FA No i. Is the project site located within a designated river corridor under Program 6 NYCRR 666? If Yes: the and its designation: i. Identify the name of river in 6NYCRR Part 666? ■ Yes No ii. Is the activity consistent with development restrictions contained F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Phil Cocca Date 4/25/2018 Signature PRINT FORM Title Visual Resource Coordinator Page 13 of 13 Full Environmental Assessment Form Part 2 - Identification of Potential Project Impacts Project : Date : Agency Use Only [If applicable] Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1 To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application maps supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer ' Yes" to a numbered question, please complete all the questions that follow in that section. • If you answer ' No" to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box ' Moderate to large impact may occur ' • The reviewer is not expected to be an expert in environmental analysis • If you are not sure or undecided about the size of an impact, it may help to review the sub -questions for the general question and consult the workbook • When answering a question consider all components of the proposed activity, that is, the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. .ner considering the scale and context of the project • answer the quesuun in a icaounauw uJ(4 1. Impact on Land Proposed action the land surface If "Yes ', answer may involve construction on, or physical of the proposed site. (See Part 1 D.1) questions a - j. If "No", move on to Section alteration of, 2. ONO ❑YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may involve construction on land where depth to water table is less than 3 feet. E2d ❑ ❑ b. The proposed action may involve construction on slopes of 15% or greater. E2f ❑ ❑ c. The proposed action may involve generally within 5 feet of existing construction on land where bedrock is ground surface. exposed, or E2a ❑ ■ d. The proposed action may involve of natural material. the excavation and removal of more than 1,000 tons D2a ❑ ❑ e. The proposed or in multiple action may involve construction that continues for more than one year phases. Dle ❑ ❑ f The proposed disturbance action or vegetation may result in increased erosion, whether from physical removal (including from treatment by herbicides). D2e, D2q ■ ■ g. The proposed action is, or may be, located within a Coastal Erosion hazard area. Bli ❑ ❑ h. Other impacts: 0 Page 1 of 10 Page 2 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ❑ NO minerals, fossils, caves). (See Part 1 E.2.g) If "Yes ", answer questions a - c., If 'No", move on to Section 3. ❑ YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Identify the specific land form(s) attached: E2g Relevant Part I Question(s) No, or small impact may occur ■ ■ a. The proposed action may create a new water body. D2b, Dlh ■ b. The proposed action may affect or is adjacent to a geological feature listed as a registered National Natural Landmark. Specific feature: E3c 0 ❑ c. Other impacts: b. The proposed action may result in an increase or decrease of over 10% or more than a 10 acre increase or decrease in the surface area of any body of water. D2b ❑ ■ ■ Page 2 of 10 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If "Yes' , answer questions a -1. If "No ', move on to Section 4. ❑YES NO Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may create a new water body. D2b, Dlh ■ ■ b. The proposed action may result in an increase or decrease of over 10% or more than a 10 acre increase or decrease in the surface area of any body of water. D2b ❑ ■ c. The proposed action may involve dredging more than 100 cubic yards of material from a wetland or water body. D2a ❑ ■ d. The proposed action may involve construction within or adjoining a freshwater or tidal wetland or in the bed or banks of any other water body. E2h ■ ■ e. The proposed action may runoff or by disturbing create turbidity in a waterbody, either from upland erosion, bottom sediments. D2a, D2h ❑ ■ f. The proposed action may of water from surface include construction of one or more intake(s) for withdrawal water. D2c ❑ ■ g. The proposed action may include construction of one or more outfall(s) for discharge of wastewater to surface water(s). D2d ❑ 0 h. The proposed action may cause soil erosion, or otherwise create a source of stormwater discharge that may lead to siltation or other degradation of receiving water bodies. D2e ❑ ❑ i. The proposed action may affect downstream of the site of the the proposed water quality of any water bodies within or action. E2h ❑ ■ j. The proposed action may involve around any water body. the application of pesticides or herbicides in or D2q, E2h ❑ ❑ k The proposed action may require the construction of new, or expansion of existing, facilities. Dl a, D2d 0 ❑ wastewater treatment Page 2 of 10 1. Other impacts: Page 3 of 10 5. Impact The (See If 4. Impact on groundwater The proposed action may have the potential (See Part 1 D.2.a, D If "Yes" answer questions may 2 result to introduce c, D.2.d a - in new or additional use of ground water, or contaminants to ground water or an aquifer. D.2.p, D 2 q, D.2.t) ❑YES "Yes" answer questions a - g. If "No", move on to Section 6. NO h. If Wo", move on to Section 5. No, or small impact may occur Moderate to large impact may occur Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur 0 a. The proposed on supplies b. The proposed action may result in development within a 100 year floodplain. action may from existing require new water supply water supply wells, or create additional demand wells. D2c 0 0 c. The proposed action may result in development within a 500 year floodplain. b. Water withdrawal Cite Source: ❑ supply demand from capacity rate the proposed of the local • action may exceed safe and sustainable supply or aquifer. D2c d The ❑ D2b, D2e ■ ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. c. The proposed action may allow or result in residential uses in areas without water and sewer services. Dla, D2c ❑ ❑ d. The proposed action may include or require wastewater discharged to groundwater. D2d, E21 ❑ 0 f. If there or upgrade? e. The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. D2c, Elf, Elg, Elh 0 ❑ f. The proposed over action may require ground water or an aquifer. the bulk storage of petroleum or chemical products D2p, E21 ❑ ■ g. The proposed feet of action may involve potable drinking water the commercial application of pesticides within 100 or irrigation sources. E2h, D2q, E21, D2c ■ ■ h. Other impacts: ❑ ❑ Page 3 of 10 5. Impact The (See If on Flooding proposed action may result in development on lands subject to flooding. _Part 1 E 2) ❑ NO YES M "Yes" answer questions a - g. If "No", move on to Section 6. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in development in a designated floodway. E2i ❑ 0 b. The proposed action may result in development within a 100 year floodplain. E2j ❑ II c. The proposed action may result in development within a 500 year floodplain. E2k ❑ • d The proposed action may result in, or require, modification of existing drainage D2b, D2e ❑ ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, Mb E2k ❑ ■ f. If there or upgrade? is a dam located on the site of the proposed action, is the dam in need of repair, Ele ❑ ❑ Page 3 of 10 g. Other impacts: ■ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. If "Yes' answer questions a - j. If ' No ", move on to (See Part 1. E.2. m -q) 6. Impacts on Air The proposed action may (See Part 1. D.2.f., D,2,h, If "Yes ", answer questions include a state regulated air D 2 g) emission source. to Section 7. ❑YES NO Section 8. NO , a - f. If "No", move on No, or small impact may occur Moderate to large impact may occur Relevant Part I Question(s) No, or small impact may occur Moderate to large impact occur may a If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide (CO2) D2g D2g ❑ ❑ ❑ • The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the federal government. ii. More than 3.5 tons/year of nitrous oxide (N20) iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) iv. More than .045 tons/year of sulfur hexafluoride (SF6) v. More than 1000 tons/year of carbon dioxide equivalent of hydrochloroflourocarbons (I-IFCs) emissions vi. 43 tons/year or more of methane D2g D2g D2g D2h 0 ❑ c. The proposed action may cause reduction in population, or loss of individuals, of any species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. • ❑ EI ❑ ❑ • d. The proposed any species the Federal action may result in a reduction or degradation of any habitat used by of special concern and conservation need, as listed by New York State or government. E2p ■ 0 0 • 4of10 b. The hazardous air proposed action may generate 10 tons/year or more of any one designated air pollutant, or 25 tons/year or more of any combination of such hazardous pollutants. D2g ❑ III c. The rate source proposed of total capable action contaminants of may require that producing a state air registration, or may exceed 5 lbs. per hour, more than 10 million BTU's may produce an emissions or may include a heat per hour D2f, D2g ❑ 0 d. The proposed above. action may reach 50% of any of the thresholds in "a" through "c", D2g ❑ ■ e. The proposed ton of refuse action may result in the combustion or thermal treatment of more than 1 per hour. D2s 0 • f. Other impacts: 0 • 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. If "Yes' answer questions a - j. If ' No ", move on to (See Part 1. E.2. m -q) ❑YES NO Section 8. , Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may cause reduction in population or loss of individuals of any threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2o 0 ■ b. The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the federal government. E2o ❑ ❑ c. The proposed action may cause reduction in population, or loss of individuals, of any species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2p ❑ ❑ d. The proposed any species the Federal action may result in a reduction or degradation of any habitat used by of special concern and conservation need, as listed by New York State or government. E2p 0 0 Page 4of10 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) If "Yes' , answer questions a - h. If "No", move on to Section 9. NO Relevant Part I Question(s) No, or small impact may occur YES Moderate to large impact may occur a The proposed action may impact soil classified within soil group 1 through 4 of the NYS Land Classification System b. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). E2c, E3b ■ Ela, Elb ■ c. The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. E3b ■ ■ d. The proposed action may irreversibly convert agricultural land to non-agricultural uses either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land management system. Elb, E3a ■ ■ El a, Elb ■ f. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. g. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. C2c, C3, D2c, D2d ■ C2c h Other impacts: Page 5 of 10 e. The proposed action Landmark to support may diminish the capacity of a registered National the biological community it was established to Natural protect. E3c ❑ 0 f. The proposed action portion of a designated Source: may result in the removal of, or ground disturbance in, any significant natural community. E2n ❑ ■ g. The proposed action may substantially interfere with nesting/breeding, foraging, or over -wintering habitat for the predominant species that occupy or use the project site. E2m 0 ❑ h The proposed action information requires the conversion of more than 10 acres of forest, other regionally or locally important habitat. source• Elb ❑ ❑ grassland or any Habitat type & D2q IN II i. Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. j. Other impacts: 0 0 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) If "Yes' , answer questions a - h. If "No", move on to Section 9. NO Relevant Part I Question(s) No, or small impact may occur YES Moderate to large impact may occur a The proposed action may impact soil classified within soil group 1 through 4 of the NYS Land Classification System b. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). E2c, E3b ■ Ela, Elb ■ c. The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. E3b ■ ■ d. The proposed action may irreversibly convert agricultural land to non-agricultural uses either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land management system. Elb, E3a ■ ■ El a, Elb ■ f. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. g. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. C2c, C3, D2c, D2d ■ C2c h Other impacts: Page 5 of 10 Page 6 of 10 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1 E 3 e, f. and g.) If "Yes", answer questions a - e. If "No", go to Section 11. OYES 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource (Part 1. E.1.a, B.l.b, E.3 h.) If "Yes ", answer questions a - g. If "No ', go to Section 10. EYES NO Relevant Part I Question(s) NO Moderate to large impact may occur a. The proposed to, any buildings, nominated by National Register action may occur wholly or partially within, or substantially contiguous archaeological site or district which is listed on or has been the NYS Board of Historic Preservation for inclusion on the State or of Historic Places. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact occur may action may occur wholly or partially within, or substantially contiguous as sensitive for archaeological sites on the NY State Historic Office (SHPO) archaeological site inventory. a. Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource E3h ❑ ❑ E3g b. The proposed screening action may result in the obstruction, elimination or significant of one or more officially designated scenic views. E3h, C2b ❑ ❑ c. The proposed action may be visible from publicly accessible vantage points: E3h 0 • i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) ii. Year round ❑ ❑ d. The situation action is: i. Routine ii Recreational or activity in which viewers are engaged while viewing the proposed travel by residents, including travel to and from work or tourism based activities E3h E2q, Elc ❑ ❑ ❑ • e. The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. E3h ❑ ■ f. There are similar projects visible within the following distance of the proposed project: 0-1/2 mile '/2 -3 mile 3-5 mile 5+ mile Dla, Ela, Dlf, Dlg ❑ ❑ g. Other impacts: ❑ • Page 6 of 10 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1 E 3 e, f. and g.) If "Yes", answer questions a - e. If "No", go to Section 11. OYES NO Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed to, any buildings, nominated by National Register action may occur wholly or partially within, or substantially contiguous archaeological site or district which is listed on or has been the NYS Board of Historic Preservation for inclusion on the State or of Historic Places. E3e ❑ ❑ b. The proposed to, an area designated Preservation action may occur wholly or partially within, or substantially contiguous as sensitive for archaeological sites on the NY State Historic Office (SHPO) archaeological site inventory. E3f 0 ❑ c. The proposed action may occur wholly or partially within, or substantially contiguous to, an archaeological site not included on the NY SHPO inventory. Source: E3g ❑ ■ Page 6 of 10 d Other impacts: If any of the above (a -d) are answered "Moderate to large impact may e• occur", continue with the following questions to help support conclusions in Part 3: The proposed action may result in the destruction or alteration of all or part of the site or property. ii. The proposed action may result in the alteration of the property's setting or integrity. iii. The proposed action may result in the introduction of visual elements which are out of character with the site or property, or may alter its setting. E3e, E3g, E3f E3e, E3f, E3g, Ela, Elb E3e, E3f, E3g, E3h, C2, C3 0 ■ 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1 C 2 c E.l.c., E.2.q.) If "Yes", answer questions a - e If ` No ", go to Section 12. NO n YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in an impairment of natural functions or "ecosystem services", provided by an undeveloped area, including but not limited to stormwater storage, nutrient cycling, wildlife habitat. b. The proposed action may result in the loss of a current or future recreational resource D2e, Elb E2h, E2m, E2o, E2n, E2p C2a, Elc, C2c, E2q ■ c. The proposed action may eliminate open space or recreational resource in an area with few such resources. d The proposed action may result in loss of an area now used informally by the community as an open space resource. e. Other impacts: C2a, C2c Elc, E2q C2c, Elc 0 ■ ■ ■ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical environmental area (CEA). (See Part 1 Rid) If "Yes", answer questions a - c. If "No ', go to Section 13. 11 NO Relevant Part I Question(s) No, or small impact may occur YES Moderate to large impact may occur a. The proposed action may result in a reduction in the quantity of the resource or characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. c. Other impacts: E3d E3d ■ Page 7 of 10 ■ Page 8 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. F -NO (See Part 1. D.2.j) If "Yes" answer questions a -I If "No", go to Section 14. fYES ❑YES ❑YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Projected traffic increase may exceed capacity of existing road network. D2j 0 ❑ b. The more proposed action may result in the construction vehicles. of paved parking area for 500 or D2j 0 b. The or supply commercial proposed action will require the creation or system to serve more than 50 single or or industrial use proposed action may result in blasting within 1,500 feet of any residence, school, licensed day care center, or nursing home. ■ Dif Dlq, D2k c. The proposed action will degrade existing transit access. D2j ❑ ■ 0 ❑ ■ D2k d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j 0 ❑ e. The proposed action may alter the present pattern of movement of people or goods. D2j d. The proposed feet of building action may involve heating and/or cooling of more than 100,000 square area when completed Dig ■ ■ f. Other impacts: ❑ ■ Page 8 of 10 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1.D2k) If "Yes" answer questions a - e. If "No", go to Section 15. nNO ❑YES ❑YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k Moderate to large impact may occur 0 D2m ■ ■ b. The or supply commercial proposed action will require the creation or system to serve more than 50 single or or industrial use proposed action may result in blasting within 1,500 feet of any residence, school, licensed day care center, or nursing home. extension of an energy transmission two-family residences or to serve a Dif Dlq, D2k ❑ c. The ❑ ■ ❑ ❑ c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ■ d. The proposed feet of building action may involve heating and/or cooling of more than 100,000 square area when completed Dig 0 ■ e. Other Impacts: ❑ ■ Page 8 of 10 15. Impact The (See If on Noise, Odor, and Light proposed action may result in an increase in noise, odors, or outdoor lighting. Part 1. D 2 m n and o.) ❑YES NO , , "Yes" answer questions a - f If "No", go to Section 16. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may produce sound above noise levels established by local regulation. D2m ❑ ■ b. The hospital, proposed action may result in blasting within 1,500 feet of any residence, school, licensed day care center, or nursing home. D2m, Eld ❑ ❑ c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 Page 9 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e. The proposed action may result in lighting creating sky -glow brighter than existing area conditions D2n, Ela ❑ ❑ f. Other impacts: , go to Section 17. ❑ Relevant Part I Question(s) ■ Moderate to large impact occur may a. The proposed action is located within care center, group home, nursing Page 9 of 10 16. Impact on Human Health The proposed action may have an impact on to new or existing sources of contaminants. If "Yes ", answer questions a - m. If "No", human health from exposure (See Part 1 D 2 q E.1. d. f. g. and ❑ NO h.) ❑ YES , go to Section 17. Relevant Part I Question(s) No,or small impact may cccur Moderate to large impact occur may a. The proposed action is located within care center, group home, nursing home 1500 feet of a school, hospital, licensed day or retirement community. Eld ■ ■ b. The site of the proposed action is currently undergoing remediation Elg, Elh ■ ■ c. There is a completed remediation on, or adjacent emergency spill remediation, to, the site of the proposed or a completed environmental site action Elg, Elh ❑ 0 d. The property site of (e.g., the action easement is subject to an institutional or deed restriction). control limiting the use of the Elg, Elh ❑ ■ e. The to ensure proposed that action may affect the site remains institutional control measures that were put in place protective of the environment and human health Elg, Elh ❑ ■ has adequate control measures in place to ensure that future D2t ■ ■ f. The proposed action generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed management action involves construction or modification of a solid waste facility D2q, Elf ❑ ■ h The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ ■ i. The proposed action may result in an increase in the rate of disposal, or processing, of solid waste. D2r, D2s ❑ ■ j. The proposed action a site used for the disposal may result in excavation or other disturbance within 2000 feet of of solid or hazardous waste Elf, Elg Elh ❑ ■ k The proposed site to adjacent action off site may result in the migration of explosive gases from a landfill structures. Elf, Elg ❑ 0 1. The proposed project site. action may result in the release of contaminated leachate from the D2s, Elf, D2r ❑ ■ m Other impacts: ❑ ■ Page 9 of 10 Page 10 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1. C.1, C.2. and C.3.) If "Yes" answer questions a - h. If "No", go to Section 18. CNO ENO [1YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action's land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s). C2, C3 Dla Ela, Elb ❑ ■ Moderate to large impact occur b. The proposed action in which the project will cause the is located to permanent population of the city, town or village grow by more than 5%. C2 E3e, E3f, E3g ❑ ❑ ■ b. The proposed schools c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 0 0 ❑ d. The proposed action is inconsistent with any County plans, or other regional land use plans. C2, C2 ❑ ❑ ❑ d. The proposed or designated development that is not C3, Die, C2, E3 ❑ ❑ ■ e. The proposed character. e. The proposed action may cause a change in the density of supported by existing infrastructure or is distant from existing infrastructure. Did Dl f, Dld Elb C2, C3 ❑ f. The proposed action is located in an area characterized by low density development that will require new or expanded public infrastructure C4 D2c, D2d D2J ■ 0 0 g. The proposed action may induce secondarydevelopment impacts (e.g., residential or commercial development not included in the proposed action) C2a ❑ 0 II ■ h Other g. Other impacts: 0 ❑ M • Page 10 of 10 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1. C.2, CS, D.2, E 3) If "Yes ", answer questions a - g. If "No", proceed to Part 3. ENO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact occur may a. The proposed of historic importance action may replace or eliminate existing facilities, structures, or areas to the community. E3e, E3f, E3g ❑ ❑ b. The proposed schools police action may create a demand for additional community services (e.g. and fire) C4 0 0 c. The proposed there is a action may displace shortage of such housing. affordable or low-income housing in an area where C2, C3, Dlf Dlg Ela ❑ ❑ d. The proposed or designated action may interfere public resources. with the use or enjoyment of officially recognized C2, E3 ❑ ❑ e. The proposed character. action is inconsistent with the predominant architectural scale and C2, C3 ❑ ■ f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 Ela, Elb E2g, E2h ❑ ■ g. Other impacts: ❑ • Page 10 of 10 Project: Date : Able.... vu.. ...may l+uzyya,wva.d Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact • Assess the importance of the impact Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: Type 1 LJ Unlisted Identify portions of EAF completed for this Project: U Part 1 Part2 I _JPart3 Page 2 of 2 Upon review of the information recorded on this EAF, as noted, plus this additional support information and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the as lead agency that: ❑ A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared Accordingly, this negative declaration is issued. be or MI B. Although this project could have a significant adverse impact on the environment, that impact will avoided substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.d) ❑ C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Name of Lead Agency: Name of Responsible Officer in Lead Agency: Title of Responsible Officer: Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer (if different from Responsible Officer) Date: For Contact Address: Telephone E-mail: For Further Information: Person Number: Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html. Page 2 of 2 TAB 2 SITE NAME: Oklahoma Track SITE NUMBER: 20130941497 ATTY/DATE: Young/Sommer Nov. 15, 2017 BUILDING AND ROOFTOP LEASE AGREEMENT This Building and Rooftop Lease Agreement (the "Agreement") made this day of , 20_, between NEUMANN BUILDING, LLC, with its principal offices located at 18 Division Street, Suite 401, Saratoga Springs, New York 12866, hereinafter designated LESSOR and CELLCO PARTNERSHIP d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to LESSEE approximately eight hundred eighteen (818) square feet on the roof (the "Rooftop Space") of the building (the ` Building") located at 231 Lake Avenue, City of Saratoga Springs, County of Saratoga, State of New York, the underlying real property of which is shown on the Tax Map of the Saratoga Springs as Tax Map Number 166.-4-22 1, and as further recorded in the office of the Clerk of Saratoga County as Instrument #2014024391, and which is legally described in Exhibit "A' attached hereto and made a part hereof (the Building and such real property are hereinafter sometimes collectively referred to as the "Property"), for the installation operation and maintenance of communications equipment; together with such additional space on the roof of the Building sufficient for the installation, operation and maintenance of antennas (the "Antenna Space"); together with such additional space inside or outside of the Building, including on the roof of the Building, or on the ground on the Property, as is necessary for the installation, operation and maintenance -of wires, cables, conduits and pipes (the "Cabling Space") running between and among the Rooftop Space and Antenna Space and to all necessary electrical and telephone utility sources located within the Building or on the Property; together with the non-exclusive right of ingress and egress from a public right-of-way seven (7) days a week, twenty four -(24) hours a day, over the Property and m and through the Building to and from the Premises (as hereinafter defined) for the purpose of installation, operation and maintenance of LESSEE's communications facility. The Rooftop Space, Antenna Space and Cabling Space are hereinafter collectively referred to as the "Premises" and are as shown on Exhibit "B" attached hereto and made a -part hereof. In the event there are not sufficient electric and telephone utility -sources located within the Building or on the Property, LESSOR agrees to grant LESSEE or the local utility provider the right to install such utilities on, over and/or under the Property and through the Building necessary for LESSEE to operate its communications facility, provided the location of such utilities shall be as reasonably designated by LESSOR. Further, in the event any public utility is unable to use the Utilities Right of Way, LESSOR shall grant an additional right-of-way either to LESSEE or to the public utility at no cost to LESSEE or the public utility. LESSOR agrees to grant LESSEE Verizon New York, Inc., Niagara Mohawk Power Corporation, d/b/a National Grid, or any other local utility or fiber provider ("Utility") as may be required the right, utilizing the Utility's standard form agreement, to install such utilities or fiber in, on, over and/or under the Premises necessary for LESSEE to operate its communications facility (as defined herein) at no cost to LESSEE or Utility. Said rights to Niagara Mohawk Power Corporation, d/b/a National Grid to be as set forth in Exhibit "C', attached hereto and made a part hereof. The easement sketch shall be provided by Utility once LESSEE has applied for electric service. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "D ' which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "B". Cost for such work shall be borne by the LESSEE. The drawing at Exhibit "B" may be replaced by a site plan showing the Premises and the location of LESSEE's improvements thereon, which site plan LESSEE shall submit to LESSOR for LESSOR's written approval prior to LESSEE's commencement of construction, which approval shall not be unreasonably withheld, conditioned or delayed. In the event that LESSOR does not furnish LESSEE with such written approval or its specific reasons for disapproval within fifteen (15) days after the date of submission of the site plan to LESSOR, LESSOR will be deemed to have approved it. 2. DELIVERY. LESSOR shall deliver the Premises to LESSEE on the Commencement Date, as hereinafter defined, in a condition ready for LESSEE's construction of its improvements and clean and free of debris. LESSOR represents and warrants to LESSEE that as of the Commencement Date, the existing structure of the Building (including without limitation the roof, foundations, exterior walls), the common areas and all Building systems (including, without limitation, the plumbing, electrical, ventilating air conditioning, heating, and loading doors, if any) are (a) in good operating condition and free of any leakage; (b) in compliance with all Laws (as defined in Paragraph 34 below); and (c) free of all hazardous substances, as such term may be defined under any applicable federal, state or local law. If a breach of the representation and warranty contained in this_Paragraph 2 is discovered at any time during the Term, as hereinafter defined, LESSOR shall promptly after receipt of written notice from LESSEE setting forth a description of such non-compliance, rectify same at LESSOR's expense. LESSOR further represents and warrants to LESSEE that LESSOR has no knowledge of any claim having been made by any governmental agency that a violation of applicable building codes, regulations:or ordinances exists with regard to the Building, or any part thereof, as of the Commencement Date. 3. TERM; RENTAL; ELECTRICAL. a. This Agreement shall be effective as of the date of execution by both Parties, -provided however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental for each year of the initial term of to be paid annually to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days m advance of any rental payment date by notice given -in accordance with Paragraph 24 below. LESSEE shall pay LESSOR, within ninety (90) days of full execution of this Agreement, a one-time signing bonus, as additional rent in the sum of The Agreement shall commence based upon the earlier of: (i) the date LESSEE is granted a building permit by the governmental agency charged with issuing such permits; or (ii) three (3) years from the date of full execution of this Agreement. If such date falls between the 2 1st and 15th of the month, the Agreement shall commence on the 1St of that month and if such date falls between the 16th and 31' of the month, then the Agreement shall commence on the 1st day of the following month (the "Commencement Date"). However, LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until ninety (90) days after the Commencement Date. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. b. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation') evidencing LESSOR s interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in LESSEE's reasonable discretion, evidencmg LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement, and (iii) other documentation requested by LESSEE in LESSEE's reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 24. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding Paragraph. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as provided herein. c. LESSOR shall, at all times during the Term, provide electrical service and telephone service access within the Premises. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical sub -meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the event such sub -meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE 3 shall pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount based upon LESSOR' s reading of the sub -meter. All invoices for power consumption shall be sent by LESSOR to LESSEE at Verizon Wireless, Accounts Payable Cellsites, M/S 3846, P.O. Box 2375, Spokane, WA 99210-2375 or email to: livebills@ecova.com. LESSEE agrees to promptly reimburse LESSOR for such electrical costs, which costs shall not be construed to be rent. The parties agree that LESSEE shall be relieved of itsobligation to reimburse LESSOR for electrical usage which has not been properly invoiced and sent to LESSEE at the above address within one (1) year of the initial invoicing from the utility company to the LESSOR. LESSEE shall be permitted at any time during the Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR, such approval not to be unreasonably conditioned withheld or delayed. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year extension terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. EXTENSION RENTALS. The annual rental for each such five (5) year extension tem' shall be equal to of the annual rental payable with respect to the immediately preceding five (5) year term. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for three (3) additional five (5) year terms and one (1) additional term of four (4) years thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such teiiu. Under no circumstances will the term of this Lease, including all renewals, exceed forty- nine (49) years. Annual rental for each such five (5) year additional extension term shall be equal to of the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the "Term". 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE s improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase m real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the 4 business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSOR shall provide to- LESSEE a copy of any notice or assessment relating to personal property, real estate taxes, assessments, or charges for which LESSEE is responsible within ten (10) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make payment of any real estate personal property, real estate taxes, assessments, or charges until LESSEE has received the notice or assessment relating to such payment as set forth in the preceding sentence. In the event LESSOR fails to provide to LESSEE a copy of any such notice or assessment within the ten (10) day period set forth herein, LESSEE shall be relieved of any obligation or responsibility to make payment of personal property, real estate taxes, assessments, or charges referred to in the notice or assessment which was not timely delivered by LESSOR to LESSEE. LESSEE shall have the right, at its sole option_ and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this Paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 8. USE GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, peunits and other approvals (collectively the "Governmental Approvals') that may be required by any Federal, State or Local authorities as well as a satisfactory building structural analysis which will peindt LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) 5 any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any building structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in. its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to teimmate shall be given to LESSOR in writing by certified mail return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such tertmnation, this Agreement shall be of no further force or effect except to the extent of the representations warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9. MAINTENANCE. a, During the Term, LESSEE will maintain the non-structural portions of the Premises in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of LESSOR pursuant to Paragraph 9.b below. b. During the Term, LESSOR shall maintain, in good operating condition and repair, the structural elements of the Building and the Premises, and all Building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system fire hydrants parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas) and the common areas. LESSOR shall repair any defect in the above within thirty (30) days, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from LESSEE describing such defect, unless the defect constitutes an emergency in which case LESSOR shall cure the defect as quickly as possible, but not later than five (5) days after receipt of notice. If LESSOR fails to make such repairs, LESSEE may do so, and the cost thereof shall be payable by LESSOR to LESSEE on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum or (ii) the highest rate permitted by applicable Laws, or, at LESSEE'S option, LESSEE may deduct such amounts paid out of any rents or other sums that may be due or owing under this Agreement. In the event of an emergency, LESSEE, at its option may make such repairs at LESSOR's expense, before giving any written notice, but LESSEE shall notify LESSOR in writing within three (3) business days following such emergency. c. Upon request of the LESSOR, LESSEE agrees to relocate its equipment on a temporary basis to another location on the Property, hereinafter referred to as the "Temporary Relocation," for the purpose of LESSOR performing maintenance, repair or similar work at the Property or in the Buildmg provided: • The Temporary Relocation is similar to LESSEE's existing location in size and is fully compatible for LES SEE's use, in LESSEE's reasonable determination; 6 ii. LESSOR pays all costs incurred by LESSEE for relocating LESSEE s equipment to the Temporary Relocation and improving the Temporary Relocation so that it is fully compatible for the LESSEE's use, in LESSEE's reasonable determination; iii. LESSOR gives LESSEE at least ninety (90) days written notice prior to requiring LESSEE to relocate; iv. LESSEE'S use at the Premises is not interrupted or diminished during the relocation and LESSEE is allowed, if necessary, in LESSEE's reasonable determination, to place a temporary installation on the Property during any such relocation and • v. Upon the completion of any maintenance, repair or similar work by LESSOR, LESSEE is permitted to return -to its original location from the temporary location with all costs for the same being paid by LESSOR. 10. INDEMNIFICATION. Subject to Paragraph 11 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 11. INSURANCE a. Notwithstanding the indemnity in. section 10, the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on. account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or- in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and- releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE will maintain at its own cost; i. Commercial General Liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence ii. Commercial Auto Liability insurance on all owned, non -owned and hired automobiles with a minimum combined limit of not less than one million ($1,000,000) per occurrence 7 iii. Workers Compensation insurance providing the statutory benefits and not less than one million ($1,000,000) of Employers Liability coverage. LESSEE will include the LESSOR as an additional insured on the Commercial General Liability and Auto Liability policies and upon request, shall furnish proof of such insurance by providing LESSOR with a Certificate of Insurance. e. LESSOR will maintain at its own cost commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR will include the LESSEE as an additional insured on the Commercial General Liability policy and upon request, shall furnish proof of such insurance by providing LESSEE with a Certificate of Insurance. d. In addition, LESSOR shall obtain and keep in force during the Tent a policy or policies insuring against loss or damage to the Building with a commercially reasonable valuation, as the same shall exist from time to time without a coinsurance feature. LESSOR's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. 12. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 10 and 30, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 13. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not m default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 14, INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties In the event any after - installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. 8 LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 15. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 34 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longei payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 16. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 15 herein, unless the Parties are negotiating a new lease or lease extension in good faith, In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 15 and this Paragraph 16, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be equal to the rent applicable during the month immediately preceding such expiration or earlier termination. 17, RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Building and/or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operatmg and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona. fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer, For purposes of this Paragraph, any transfer, bequest or devise of LESSOR s interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, or any conveyance to LESSOR's family members by direct conveyance or by conveyance to a trust for the benefit of family members shall not be considered a sale of the Property for which LESSEE has any right of first refusal, • 9 18. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Building thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Building and/or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Building and/or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 19. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold_and enjoy the Premises. 20. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 21. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements; promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties in a written acknowledgment. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 22. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 23. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE s assets in the market defined by the Federal Communications Commission in. which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, 10 this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. 24. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that -the Party to be notified may have designated to the sender by like notice): LESSOR: Neumann Building, LLC 18 Division Street Suite 401 Saratoga Springs, New York 12866 LESSEE: Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 25. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 26. SUBORDINATION AND NON -DISTURBANCE. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non -Disturbance Agreement, as defined below, and, if required by the Mortgage, as defined below, a written consent, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR s option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage') by LESSOR which from tune to time may encumber all or part of the Property, Building or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage _covering the Building, LESSOR shall obtain for LESSEE's benefit a non -disturbance and attornment agreement for LESSEE s benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods The Non -Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor -in -interest or any purchaser of Lender's or its successor's interest (a `Purchaser") acquires an ownership interest in the Building, Lender or such successor -in -interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then -existing LESSOR defaults under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in 11 the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in winch LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Building and (3) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other perfoninance of any mortgage or other real property interest encumbering the Property LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LES SPE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 27. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 28. DEFAULT a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days m which to cure any non -monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to- cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under tins Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE s ability to conduct its business in the Building; provided, however, that if the nature of LESSOR' s obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if 12 • performance is commenced within such five (5) day period and thereafter diligently pursued to completion. 29. REMEDIES. Upon a default, the non -defaulting Party may at its option (but without obligation to do so), perforru the defaulting Party's duty or obligation on the defaulting Party's behalf including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an mvoiee setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 30. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposmg standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Building or Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for -responding to any action, notice, claim, order, summons citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non- compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Building or 13 Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31, CASUALTY. In the event of damage by fire or other casualty to the Building or Premises that cannot reasonably be expected to be repaired within forty five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEF,'s use of the Premises is impaired. 32, CONDEMNATION, In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Building, LESSEE, in LESSEE'S sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESS KR's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSER does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be -reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority, 33, SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY, The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party' s 14 behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 34. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property, the Buildmg, Building systems, common areas of the Building, and all structural elements of the Premises in compliance with all applicable laws, rules regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use), and (b) all building codes requiring modifications to the Premises due to the improvements being made_ by LESSEE in the Premises. It shall be LESSOR s obligation to comply with all Laws relating to the Building in general, without regard to specific use (including, without limitation, modifications required to enable LESSEE to obtain all necessary building permits). 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. TEMPORARY EASEMENT. LESSOR hereby grants LESSEE a temporary easement (the "Temporary Easement') to encumber a thirty foot (30') wide portion of the parcels of real property designated on the Tax Map of the City of Saratoga Springs as Tax Map Parcel Number 166.-4-22.1 extending from Lake Avenue to the Building, together with a twenty foot (20') wide portion on each side of LESSEE's thirty (30) wide permanent access and utilities easement over the parcels designated as Tax Map Parcel Number 166.4-22.1, all as shown on Exhibit A hereto (the "Temporary Easement Areal. LESSOR and LESSEE acknowledge and agree that the Temporary Easement shall be for the purpose of clearing any rock -s, dirt, brush, trees or other vegetation, grading, excavation, and storing materials (including, without limitation, excavated soil and equipment) in order to allow for the construction and installation of LESSEE s telecommunications facility as described herein. The Temporary Easement granted hereunder shall terminate upon the completion of the construction and installation of LESSEE's telecommunications facility and LESSEE shall return the Temporary Easement Area to as good a condition as is reasonably practicable considering the clearing and grading that is to be perfoined by LESSEE. 38. MOST FAVORED LESSEE. LESSOR represents and warrants that the rent, benefits and terms and conditions granted to LESSEE by LESSOR hereunder are now and shall be, during the Term, no less favorable than the rent, benefits and terms and conditions for substantially the same or similar tenancies or licenses granted by LESSOR to other parties. If at 15 any time during the Term LESSOR shall offer more favorable rent, benefits or terms and conditions for substantially the same or similar tenancies or licenses as those granted hereunder, then LESSOR shall, within 30 days after the effective date of such offering, notify LESSEE of such fact and offer LESSEE the more favorable offering If LESSEE chooses, the parties shall then enter into an amendment that shall be effective retroactively to the effective date of the more favorable offering, and shall provide the same rent benefits or terms and conditions to LESSEE. LESSEE shall have the right to decline to accept the offering. LESSOR's compliance with this requirement -shall be subject, at LESSEE's option, to independent verification. • [The remainder of this page is intentionally blank.] 16 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: NEU ANN BUILDING, LLC By: Printed N Its: ArivitLeg- LESSEE: CELLCO PARTNERSHIP d/b/a Verizon Wireless By: WITNESS Name: Richard Polatas Title: Director Network Field Engineering 17 EXHIBIT "A" DESCRIPTION OF PROPERTY All that certain tract piece or parcel of land situate in the City of Saratoga Springs (ID), County of Saratoga, State of New York, being Lot 3 as shown on a map entitled "'Subdivision of Lands of the Missionary Society of the Most Holy Redeemer in the State of New York", dated April 15, 2013, as last revised on April 28, 2014, filed in the Saratoga County Clerk's Office on June 11, 2014, as map number M2014123, and being further bounded and described as follows: Beginning at the point of mtersection of Lot 2, on the west, and Lot 3, on the east, as shown on the above -referenced map, with the northerly line of Lake Avenue, and runs thence, along said common line, the following three (3) courses and distances: 1.) North 05 deg. 57 min. 30 sec. East, 232.00 feet to a point,. 2) South 84 deg. 00 min. 50 sec. East, 23.00 feet to a point; and 3.) North 05 deg. 57 min 30 sec. East, 568.40 feet to a point on the northerly line of Lot 3; thence along said northerly line the following three courses and distances: 1.) South 84 deg 04 mm. 40 sec. East, 441.76 feet to a point 2) South 05 deg. 34 min. 00 sec. West, 376.50 feet to a point, and 3.) South 84 deg. 26 min 00 sec. East, 296.00 feet to a point on the westerly line of Excelsior Spring Avenue; thence along said westerly line the following two (2) courses and distances 1) South 05 deg. 34 min. 00 sec. West, 425.00 feet to a point, and 2) South 61 deg 05 min. 00 sec. West, 69.47 feet to a point on the northerly line of Lake Avenue; thence along said northerly line the following two (2) courses and distances: 1.) North 68 deg. 40 min, 00 sec. West, 144.17 feet to a point; 2.) North 84 deg. 00 mm 50 sec. West, 570.23 feet to the point and place of beginning and containing 11.27± acres of land. 18 EXHIBIT "B" SKETCH/SITE PLAN OF ROOFTOP SPACE, ANTENNA SPACE AND CABLING SPACE 12556245.1 19 Y APPROXIMATE LOCATION OF EXISTING ADJACENT PROPERTY UNE (TYP) r EXISTING WOODED AREA APPROXIMATE LOCATION OF EXISTING PROPERTY LINE VICTORIA LANE SECTION 166.39 BLOCK 1 LOT 16 4 -1 -A -4-L21,.211“.2.1.2"4, r,, SITE INFORMATION COORDINATES: GROUND ELEVATION: 43' 05' 07.23" N 73' 45' 52.42" W 314'± AMSL SECTION 166.39 BLOCK 1 LOT 20 .1 SECTION 166.39 BLOCK 1 LOT 13 SECTION BLOCK 1 166.39 LOT 12 SECTION 166.39 BLOCK 1 LOT 11 SECTION 166.00 BLOCK 4 LOT 22.1 SECTION 166.39 BLOCK 1 LOT 10 SECTION 166.10 BLOCK 1 LOT 33 EXISTING ASPHALT AREA SECTION 166.10 BLOCK 1 LOT 31 SECTION 166.10 BLOCK 1 LOT 29 SECTION 166,00 BLOCK 4 LOT 22.2 3 EXISTING TREELINE (TYP) EXISTING BUILDING (TYP) PROPOSED LESSEE BETA do GAMMA SECTORS 10.2'x24.5' (250± SF) ANTENNA LEASE AREA ON ROOF PROPOSED LESSEE ALPHA SECTOR 10.2'x23.3' (236± SF) ANTENNA LEASE AREA ON ROOF i z � o SEE SHEET LE -3 FOR v_ DETAIL ROOF PLAN PROPOSED LESSEE 20' WIDE ACCESS EASEMENT SECTION 166.10 BLOCK 1 LOT 27 EXISTING UTILITY POLE# NG 39S, VZ 29S PROkOSED LESSEE 16.5'x20' EQUIPMENT LEASE AREA ON ROOF (330 SF) SEE SHEET LE -2 FOR DETAIL ROOF PLAN LAKE AVENUE u co% n�.mw, aim COON SECTION 166.14 BLOCK 2 LOT 1 SECTION 166.14 BLOCK 2 LOT 2 SECTION 166.14 -BLOCKS� 2 LOT 3 SEC'T1ON 166.14 BLOCK 2 LOT 4 NOTE THIS DRAWING IS FOR OPTION, LEASE, LICENSE AND PERMITTING PURPOSES ONLY AND IS NOT TO BE USED FOR CONSTRUCTION. 2. FINAL UTILITY EASEMENT LOCATION WILL BE DETERMINED BY THE UTILITY COMPANY. SECTION 166.14 -BLOCK 2 LOT 5 SECTION 166.14 BLOCK 2 LOT 6 1 SECTION 166.14 BLOCK 3 LOT 1.1 SECTION 166.10 BLOCK 1 LOT 25 PROPERTY PLAN LE— SCALE: 1 = 200' 0 1 S ORIGINAL SIZE IN INCHES TECTONIC Practical Solutions, TECTONIC Engineering 36 British American Suite 101 Phone: (518) 783-1630 Latham, NY 12110 (800) 829-6531 www.tectonicengineering.com Exceptional Service & Surveying Consultants P.C. Blvd, OKLAHOMA TRACK - LEASE EXHIBIT PROJECT # 20130941497 - LOCATION CODE # 274152 233 LAKE AVE - CITY OF SARATOGA SPRINGS - SARATOGA COUNTY, NY 12866 CELLCO PARTNERSHIP, (LESSEE) 1275 JOHN STREET, SUITE 100, WEST HENRIEI IA, NY 14586 TEC WO:8668.09 ISSUED BY: TJW IDATE: 12/05/17 SCALE: AS NOTED SHEET: LE -1 REV' 4 N EXISTING BUILDING (TYP) APPROXIMATE LOCATION- OF EXISTING ELECTRICAL ROOM (INSIDE & BELOW) EXISTING PANEL BOX INSIDE ELECTRICAL ROOM EXISTING FIBER ENTRY POINT EXISTING ABANDONED CHIMNEY PROPOSED POWER, FIBER, GROUND, & NATURAL GAS CONDUITS ROUTED IN ABANDONED CHIMNEY EXISTING PENTHOUSE PROPOSED LESSEE 10.2'x24.5' ANTENNA CONCEALMENT WALL (TYP) PROPOSED LESSEE GAMMA SECTOR ANTENNA PROPOSED LESSEE BETA SECTOR ANTENNA EXISTING PENTHOUSE ROOF ACCESS LADDER a Dc' EXISTING ROOF ACCESS DOOR PROPOSED LESSEE VERTICAL CABLE TRAY PROPOSED LESSEE HYBRIFLEX CABLES & UTILITY CONDUITS ROUTED IN COVERED CABLE TRAY ALONG ROOFTOP ON SLEEPERS NOTE: FINAL FIBER/TELCO ROUTING TO BE DETERMINED BY PROVIDER, PROPOSED LESSEE 16.5'x20' EQUIPMENT LEASE AREA PROPOSED LESSEE 11.5'x16' EQUIPMENT PLATFORM PROPOSED BETA SECTOR HYBRIFLEX CABLE ROUTED IN COVERED CABLE TRAY ALONG ROOFTOP ON SLEEPERS DETAIL SITE PLAN LE2 SCALE: 1" = 30' 0 1r� 1 I ORIGINAL SIZE IN INCHES TECTONIC Practical Solutions, Exceptional Service TECTONIC Engineering & Surveying Consultants P.C. 36 British American Blvd. Suite 101 Phone: (518) 783-1630 Latham, NY 12110 (800) 829-6531 www,tectonicengineering.corn OKLAHOMA TRACK - LEASE EXHIBIT PROJECT # 20130941497 - LOCATION CODE # 274152 233 LAKE AVE - CITY OF SARATOGA SPRINGS SARATOGA COUNTY, NY 12866 CELLCO PARTNERSHIP, (LESSEE) 1275 JOHN STREET, SUITE 100, WEST HENRIEI IA, NY 14586 TEC WO: 8668.09 ISSUED BY: TJW DATE: 12/05/17 J SCALE: AS NOTED I SHEET: LE -2 REV: 4 • / / / EXISTING BUILDING (TYP) EXISTING PENTHOUSE PROPOSED LESSEE 10,2'x23,3' ANTENNA CONCEALMENT WALL (Ti?) PROPOSED LESSEE ALPHA SECTOR ANTENNA PROPOSED LESSEE VERTICAL CABLE TRAY EXISTING ROOF ACCESS DOOR EXISTING PENTHOUSE ROOF ACCESS LADDER EXISTING PIPE (TYP) PROPOSED BETA SECTOR HYBRIFLEX CABLE ROUTED IN COVERED CABLE TRAY ALONG ROOFTOP ON SLEEPERS FROM EQUIPMENT PLATFORM NOTE: FINAL FIBER/TELCO ROUTING TO BE DETERMINED BY PROVIDER. EXISTING' IiVAC UNIT (TYP) DETAIL SITE PLAN SCALE: 1" = 30' 0 MINIM 1 ORIGINAL SIZE IN INCHES TECTONIC Practical Solutions, Exceptional Service TECTONIC Engineering & Surveying Consultants P.C. 36 British American Blvd. Suite 101 Phone: (518) 783-1630 Latham, NY 12110 (800) 829-6531 www.tectonicengineering.com OKLAHOMA TRACK - LEASE EXHIBIT PROJECT # 20130941497 - LOCATION CODE # 274152 233 LAKE AVE - CITY OF SARATOGA SPRINGS SARATOGA COUNTY, NY 12866 CELLCO PARTNERSHIP, (LESSEE) 1275 JOHN STREET, SUITE 100, WEST HENRIEIIA, NY 14586 TEC WO:8668.09 ISSUED BY: TJW l DATE: 12/05/17 I SCALE: AS NOTED I SHEET: LE -3 REV: 4 PROPOSED LESSEE BETA SECTOR ANTENNA (TYP OF 2) PROPOSED LESSEE SCREENING EXISTING PENTHOUSE 0. EMIL EXISTING BUILDING -euii 1111 11PW Itletit'r- _`i - _ r --__ ---_ �33r Hew EXISTING GRADE ELEVATION SCALE: 1" = 20' 0 t 1 ORIGINAL SIZE IN INCHES TECTONIC Practical Solutions, Exceptional Service TECTOW° Engineering & Surveying Consultants P.C. 36 British American Blvd. Suite 101 Phone: 518) 783-1630 Latham, NY 12110 800) 829-6531 www.tectonicengineering.com OKLAHOMA TRACK - LEASE EXHIBIT PROJECT # 20130941497 - LOCATION CODE # 274152 233 LAKE AVE - CITY OF SARATOGA SPRINGS SARATOGA COUNTY, NY 12866 CELLCO PARTNERSHIP, (LESSEE) 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 TEC WO 8668.09 ISSUED BY: TJW I DATE: 1 2/05/1 7 I SCALE: AS NOTED SHEET: LE -4 I REV• 4 TAB 3 DOCUMENTATION OF PUBLIC UTILITY STATUS and OVERVIEW OF ROSENBERG DECISION In Cellular Tel. Co. v. Rosenberg, 82 N.Y.2d 364 (1993), the New York Court of Appeals determined that cellular telephone companies are public utilities. The Court held that proposed cellular telephone installations are to be reviewed by zoning boards pursuant to the traditional standard afforded to public utilities, rather than the standards generally required for the necessary approvals: It has long been held that a zoning board may not exclude a utility from a community where the utility has shown a need for its facilities. There can be no question of [the carrier's] need to erect the cell site to eliminate service gaps in its cellular telephone service area. The proposed cell site will also improve the transmission and reception of existing service. Application of our holding in Matter of Consolidated Edison to sitmgs of cellular telephone companies, such as [the applicant], permits those companies to construct structures necessary for their operation which are prohibited because of existing zoning laws and to provide the desired services to the surrounding community ... Moreover, the record supports the conclusion that [the applicant] sustained its burden of proving the requisite public necessity. [The applicant] established that the erection of the cell site would enable it to remedy gaps in its service area that currently prevent it fromproviding adequate service to its customers m the ... area. Rosenberg, 82 N.Y.2d at 372-74 (citing Consolidated Edison Co. v. Hoffman, 43 N.Y.2d 598 (1978)). This special treatment of a public utility stems from the essential nature of its service, and the fact that a public utility transmitting facility must be located in a particular area in order to provide service. For instance, water towers, electric switching stations, water pumping stations and telephone poles must be in particular locations (including within residential districts) in order to provide the utility to a specific area: [Public] utility services are needed in all districts; the service can be provided only if certain facilities (for example, substations) can be located in commercial and even in residential districts. To exclude such use would result in an impairment of an essential service. Anderson, New York Zoning Law Practice, 3d ed., p. 411 (1984) (hereafter "Anderson"). See also, Cellular Tel. Co. v. Rosenberg, 82 N.Y.2d 364 (1993); Payne v. Taylor, 178 A.D.2d 979 (4th Dep't 1991). Accordingly, the law in New York is that a municipality may not prohibit facilities, including towers, necessary for the transmission of a public utility. In Rosenberg, 82 N.Y.2d at 371, the court found that "the construction of an antenna tower... to facilitate the supply of cellular telephone service is a 'public utility building' within the meaning of a zoning ordinance." See also Long Island Lighting Co. v. Griffin, 272 A.D. 551 (2d Dep't 1947) (a municipal corporation may not prohibit the expansion of a public utility where such expansion is necessary to the maintenance of essential services). In the present case, Verizon Wireless does not have reliable service coverage in areas of the City of Saratoga Springs. The communications facility proposed is necessary to remedy this service problem and to provide adequate and reliable wireless telecommunications service coverage to this area. Therefore, Verizon Wireless satisfies the requisite showing of need for the facility under applicable New York law. DOCUMENTATION OF PERSONAL WIRELESS SERVICE FACILITY STATUS and FEDERAL TELECOMMUNICATIONS ACT OF 1996 In addition to being considered a public utility under New York decisional law, Verizon Wireless is classified as a provider of "personal wireless services" under the federal Telecommunications Act of 1996 (the "TCA"). As stated in the long title of the Act, the goal of the TCA is to `promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies." Telecommunications Act of 1996, Pub. LA No. 104-104, 110 Stat. 56 (1996). The TCA mandates a process designed to achieve competitive telecommunications markets. In keeping with the central goals of the TCA, the authors specify in Section 253(a) that "[n]o State or local statute or regulation.. may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service " TCA Section 253(a), emphasis added. Section 332(c) of the TCA preserves the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction and modification of personal wifeless service facilities, subject to several important limitations: • the "regulation of the placement...of personal wireless service facilities by any State or local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services" (TCA §332(c) (7) (B) (i) (I)); • the "regulation of the placement...of personal wireless service facilities by any State or local government or instrumentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services ' (TCA §332(c) (7) (B) (i) (II)); • Applications must be processed within a reasonable period of time, and any decision to deny a request for placement of personal wireless service facilities must be in writing and supported by substantial evidence contained in a written record (TCA § '332(c)(7)(B)(ii) and (iii)); and • regulations based upon the perceived environmental effects of radio frequency emissions are prohibited, so long as the proposed personal wireless service facility complies with FCC regulations concerning such emissions (TCA §332(c) (7) (B) (iv)). A reference copy of the Telecommunications Act of 1996 is included herewith. • 104TH CONGRESS REPORT 2d Session } HOUSE OF REPRESENTATIVES 104-458 TELECOMMUNICATIONS ACT OF 1996 JANUARY 31, 1996. Ordered to be printed Mr. BLILEY, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany S. 6521 The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 652), to provide for a pro -competitive de -regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans by opening all telecommunications mar- kets to competition, and for other purposes having met after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its disagreement to the amend- ment of the House to the text of the bill and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the House amendment, insert the following: SECTION 1. SHORT TITLE; REFERENCES. (a) SHORT TITLE —This Act may be cited as the "Telecommuni- cations Act of 1996". (b) REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of a section or other provision, the reference shall be considered to be made to a section or other provi- sion of the Communications Act of 1934 (47 U.S.C. 151 et seq.). SEC 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title; references. Sec. 2. Table of contents. Sec. 3. Definitions. 22-327 100 tity that hasb dattachment tohconduit so that such modify its ex its existing a proportionat o tame an such ' way entity may have a reasonabl �.._ y to add to or existing attachment.._:, r . at adds to or modifies ttachmen wing such notification shall bear a e costs incurred by the owner in making et, conduit, or right-of-way accessible. S right-of-way shall not be required to bear an ranging or replacing its attach placement is re• ear - arrangement or re - o an additional attachment or the n existing attachment sought by any other entit SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STAND- ARDS (a) NATIONAL WIRELESS TELECOMMUNICATIONS SITING POL- ICE ---Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the followtng new paragraph: "(7) PRESERVATION OF LOCAL ZONING AUTHORITY.— "(A) GENERAL AUTHORITY. Except as provided in this paragraph, nothing in this Act shall limit or affect the au- thority of a State or local government or instrumentality thereof over decisions regarding the placement, construc- tion, and modification of personal wireless service facilities. "(B) LIMITATIONS.— "(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof— "(I) shall not unreasonably discriminate among providers of functionally equivalent serv- ices; and "(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless serv- ices. "(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service fa- cilities within a reasonable period of time after the re- quest is duly filed with such government or instrumen- tality, taking into account the nature and scope of such request. "(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evi- dence contained in a written record. "(iv) No State or local government or instrumental- ity thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio fre- quency emissions to the extent that such facilities corn - ply with the Commission's regulations concerning such emissions. 101 "(v) Any person adversely affected by any final ac- tion or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such ac- tion or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and de- cide such action on an expedited basis. Any person ad- versely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Com- mission for relief "(C) DEFINITIONS. For purposes of this paragraph— "(0 the term `personal wireless services' means commercial mobile services, unlicensed wireless serv- ices, and common carrier wireless exchange access services; "(ii) the term `personal wireless service facilities' means facilities for the provision of personal wireless services; and "(iii) the term `unlicensed wireless service' means the offering of telecommunications services using duly authorized devices which do not require individual lt- censes, but does not mean the provision of direct -to - home satellite services (as defined in section 303(v)).". (b) RADIO FREQUENCY EMISSIONS. Within 180 days after the enactment of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the en- vironmental effects of radio frequency emissions (c) AVAILABILITY OF PROPERTY.—Within 180 days of the enact- ment of this Act, the President or his designee shall prescribe proce- dures by which Federal departments and agencies may make avail- able on a fair, reasonable, and nondiscriminatory basis, property, rights-of-way, and easements under their control for the placement of new telecommunications services that are dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission or reception of such services. These procedures may es- tablish a presumption that requests for the use of property, rights- of-way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department or agency's mission, or the current or planned use of the property, rights-of-way, and easements in question. Reasonable fees may be charged to providers of such telecommunications services for use of property, rights-of-way, and easements. The Commission shall pro- vide technical support to States to encourage them to make property, rights-of-way, and easements under their jurisdiction available for such purposes. BIERS. Section 332(c) (47 U.S.C. 332(c)) is a ' : -a� ding at the end the following new paragraph•.. "(8) MOBILE r:-< - CESS.—A person engaged in the provtsior. "' ercial mobile services, insofar as such person gaged, shall not be required to provide equal access to 207 portionate share of the costs incurred by the owner in making such conduit or right-of-way accessible. Conference agreement The conference agreement adopts the Senate provision with modifications. The conference agreement amends section 224 of the Communications Act by adding new subsection (e)(1) to allow par- ties to negotiate the rates terms, and conditions for attaching to poles, ducts conduits, and rights-of-way owned or controlled by utilities. New subsection 224(e)(2) establishes a new rate formula charged to telecommunications earners for the non -useable space of each pole. Such rate shall be based upon the number of attaching entities. The conferees also agree to three additional provisions from the House amendment. First, subsection (g) requires utilities that engage in the provision of telecommunications services or cable services to impute to its costs of providing such service an equal amount to the pole attachment rate for which such company would be liable under section 224. Second, new subsection 224(h) requires utilities to provide written notification to attaching enti- ties of any plans to modify or alter its poles, ducts conduit, or rights-of-way. New subsection 224(h) also requires any attaching entity that takes advantage of such opportunity to modify its own attachments shall bear a proportionate share of the costs of such alterations Third new subsection 224(1) prevents a utility from im- posing the cost of rearrangements to other attaching entities if done solely for the benefit of the utility. SECTION 704 -FACILITIES SITING; RADIO FREQUENCY EMISSION STANDARDS Senate bill No provision. House amendment Section 108 of the House amendment required the Commission to issue regulations within 180 days of enactment for siting of CMS. A negotiated rulemaking committee comprised of State and local governments, public safety agencies and the affected indus- tries were to have attempted to develop a uniform policy to propose to the Commission for the siting of wireless tower sites. The House amendment also required the Commission to com- plete its pending Radio Frequency (RF) emission exposure stand- ards within 180 days of enactment. The siting of facilities could not be denied on the basis of RF emission levels for facilities that were in compliance with the Commission standard. The House amendment also required that to the greatest ex- tent possible the Federal government make available to use of Fed- eral property rights-of-way, easements and any other physical in- struments in the siting of wireless telecommunications facilities. Conference agreement The conference agreement creates a new section 704 which pre- vents Commission preemption of local and State land use decisions and preserves the authority of State and local governments over 208 zoning and land use matters except in the limited circumstances set forth in the conference agreement. The conference agreement also provides a mechanism for judicial relief from zoning decisions that fail to comply with the provisions of this section. It is the in- tent of the conferees that other than under section 332(c)(7)(B)(iv) of the Communications Act of 1934 as amended by this Act and section 704 of the Telecommunications Act of 1996 the courts shall have exclusive junsdiction over all other disputes arising under this section. Any pending Commission rulemaking concerning the preemption of local zoning authority over the placement, construc- tion or modification of CMS facilities should be terminated. When utilizing the term "functionally equivalent services" the conferees are referring only to personal wireless services as defined in this section that directly compete against one another. The in- tent of the conferees is to ensure that a State or local government does not in making a decision regarding the placement, construc- tion and modification of facilities of personal wireless services de- scribed in this section unreasonably favor one competitor over an- other. The conferees also intend that the phrase "unreasonably dis- criminate among providers of functionally equivalent services" will provide localities with the flexibility to treat facilities that create different visual, aesthetic, or safety concerns differently to the ex- tent permitted under generally applicable zoning requirements even if those facilities provide functionally equivalent services. For example, the conferees do not intend that if a State or local govern- ment grants a permit in a commercial district it must also grant a permit for a competitor's 50 -foot tower in a residential district. Actions taken by State or local governments shall not prohibit or have the effect of prohibiting the placement construction or modification of personal wireless services. It is the intent of this section that bans or policies that have the effect of banning per- sonal wireless services or facilities not be allowed and that deci- sions be made on a case-by-case basis. Under subsection (c)(7)(B)(ii), decisions are to be rendered in a reasonable period of time, taking into account the nature and scope of each request. If a request for placement of a personal wireless service facility involves a zoning variance or a public hearing or comment process, the time period for rendering a decision will be the usual period under such circumstances. It is not the intent of this provision to give preferential treatment to the personal wire- less service industry in the processing of requests, or to subject their requests to any but the generally applicable time frames for zoning decision The phrase "substantial evidence contained in a written record" is the traditional standard used for judicial review of agen- cy actions. The conferees intend section 332(c)(7)(B)(iv) to prevent a State or local government or its instrumentalities from basing the regula- tion of the placement, construction or modification of CMS facilities directly or indirectly on the environmental effects of radio fre- quency emissions if those facilities comply with the Commission's regulations adopted pursuant to section 704(b) concerning such emissions. 209 The limitations on the role and powers of the Commission under this subparagraph relate to local land use regulations and are not intended to limit or affect the Commission's general author- ity over radio telecommunications including the authority to regu- late the construction, modification and operation of radio facilities. The conferees intend that the court to which a party appeals a decision under section 332(c)(7XB)(v) may be the Federal district court in which the facilities are located or a State court of com- petent jurisdiction, at the option of the party making the appeal, and that the courts act expeditiously in deciding such cases. The term `final action" of that new subparagraph means final adminis- trative action at the State or local government level so that a party can commence action under the subparagraph rather than waiting for the exhaustion of any independent State court remedy other- wise required. With respect to the availability of Federal property for the use of wireless telecommunications infrastructure sites under section 704(c), the conferees generally adopt the House provisions, but sub- stitute the President or his designee for the Commission. It should be noted that the provisions relating to telecommuni- cations facilities are not limited to commercial mobile radio licens- ees but also will include other Commission licensed wireless com- mon carriers such as point to point microwave in the extremely high frequency portion of the electromagnetic spectrum which rely on line of sight for transmitting communication services. Senate bill 'new- rr6ana-le Sa ;.fwt4- eFRA w,"41eie a ra.:71 1�3 CARRIERS • Subsection (b) of section 221 of the Senate bill, ..:mss passed, states that notwithstanding the MFJ or any other c sent decree, no CMS provider will be required by court order otherwise to provide long distance equal access. The Commis S 'n may only order equal access if a CMS provider is subject to t.r interconnection ob- ligations of section 251 and if the Commiss• finds that such a re- quirement is in the public interest. C jti. providers shall ensure that its subscribers can obtain 44 nblocked access to the interexchange carrier of their oice through the use of interexchange carrier identifi ,,,;, ioncodes, except that the unblocking requirement shall apply to mobile satellite services unless the Commission find is in the public interest. House amendment Under section .Gi4 of the House amendment, the Commission shall require pro':,ers of two-way switched voice CMS to allow their subscrib , *{ to access the telephone toll services provider of their choice, rough the use of carrier identification codes The Commissi rules will supersede the equal access, balloting and prescri, "on requirements imposed by the MFJ and the AT&T- McC , consent decree. The Commission may exempt carriers or cl es of carriers from the requirements of this section if it is con- t wl he§ptilal cainterest ar eni r ii iecessit i TAB 5 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. .-, :" 4 , •, tom': Cel Ir °CV/I:Is Oty= Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP AT I'N.: REGULATORY CELLCO PAR I ERSHIP 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673' Market Name Albany -Schenectady -Troy, NY Grant Date 04 14 2015 Effective Date 04-14-2015 Expiration Date 05-15-2025 Five Yr Build -Out Date Print Date 04-14-2015 Site Information: Location Latitude Longitude 2 43-08-54.3 N 073-47-03.4 W Address: SARATOGA. KINGS STATION ROAD City: GREENFIELD County: SARATOGA State: NY Construction Deadline: Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 215 0 Antenna: 1 Azimuth (from true north) 0 Antenna Height AAT (meters) 41.400 Transmitting ERP (watts) 100.000 Antenna: 2 Azimuth (from true north) 0 Antenna Height AAT (meters) 41.500 Transmitting ERP (watts) 1.450 Antenna: 3 Azimuth (from true north) 0 Antenna Height AAT (meters) 41.500 Transmitting ERP (watts) 1.450 45 90 174.700 188.400 57.540 7.760 45 90 174.700 188.400 19.500 79.430 45 90 174.700 188.400 0.160 0.160 135 175.600 0.630 135 171600 95.500 135 175.600 3.240 180 172.800 0.160 180 172.800 36310' 180 172.800 36.310 225 110.000 0.630 225 110.000 3:240 225 110.000 95.500 270 - 41.500 7 760 270 - 41.500 0 160 270 - 41.500 79 430 315 - 71.300 57 540 315 - 71.000 0.160 315 - 71.300 19 500 Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h) this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license noir 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. Page 1 of 4 FCC 601-C August 2007 Call Sign KNKA246 File Number 0006672353 Radio CL - Cellular Service Market Numer CMA044 Channel Block B Sub -Market Designator 0 Market Name Albany -Schenectady -Troy, NY Grant Date 04 14 2015 Effective Date 04-14-2015 Expiration Date 05-15-2025 Five Yr Build -Out Date Print Date 04-14-2015 Site Information: Location Latitude Longitude 2 43-08-54.3 N 073-47-03.4 W Address: SARATOGA. KINGS STATION ROAD City: GREENFIELD County: SARATOGA State: NY Construction Deadline: Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 215 0 Antenna: 1 Azimuth (from true north) 0 Antenna Height AAT (meters) 41.400 Transmitting ERP (watts) 100.000 Antenna: 2 Azimuth (from true north) 0 Antenna Height AAT (meters) 41.500 Transmitting ERP (watts) 1.450 Antenna: 3 Azimuth (from true north) 0 Antenna Height AAT (meters) 41.500 Transmitting ERP (watts) 1.450 45 90 174.700 188.400 57.540 7.760 45 90 174.700 188.400 19.500 79.430 45 90 174.700 188.400 0.160 0.160 135 175.600 0.630 135 171600 95.500 135 175.600 3.240 180 172.800 0.160 180 172.800 36310' 180 172.800 36.310 225 110.000 0.630 225 110.000 3:240 225 110.000 95.500 270 - 41.500 7 760 270 - 41.500 0 160 270 - 41.500 79 430 315 - 71.300 57 540 315 - 71.000 0.160 315 - 71.300 19 500 Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h) this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license noir 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. Page 1 of 4 FCC 601-C August 2007 Licensee Name. CELLCO PARTNERSHIP Call Sign. KNKA246 File Number: 0006672353 Print Date: 04-14-2015 Location Latitude Longitude Ground Elevation Structure Hgt to Tip (meters) (meters) 3 42-37-39.4 N 074-00-37.4 W 554 7 46.3 Address: THACHER PARK: 5 MILES SOUTHWEST OF CAMP PINNACLE ROAD City: New Scotland County: ALBANY State I\Y Construction Deadline: Antenna Structure Registration No. Antenna: 1 Azimuth (from true north) 0 Antenna Height AAT (meters) Transmitting ERP (watts) 479.100 75.080 Antenna: 2 Azimuth (from true north) 0 Antenna Height AAT (meters) 479.100 Transmitting ERP (watts) 37.050 Antenna: 3 Azimuth (from true north) 0 Antenna Height AAT (meters) 479.100 Transmitting ERP (watts) 1.000 45 90 135 180 506.400 512.200 439.300 211.900 2.650 1.000 1.000 1.000 45 90 135 180 506.400 512.200 439.300 211.900 79.470 71.390 28.640 1.470 45 90 135 180 506.400 512.200 439.300 211.900 1.000 6.450 98.460 230.900 225 133.200 7.850 225 133.200 0.930 225 133.200 140.000 270 261.500 122.830 270 261.500 0.930 270 261.500 15.040 315 223.800 257.550 315 223.800 1.810 315 223.800 1.000 Location Latitude Longitude .Ground Elevation (meters) 4 42-54-41.3 N 074-29-08.6 W 239 9 Address: PALATINE BRIDGE MORNING ROAD 1.1 MILE NORTH OF ROUTE 90 City: PALATINE County: MONTGOMERY State: NY Construction Deadline: Structure Hgt to Tip (meters) 58.9 Antenna Structure Registration No. Antenna: 1 Azimuth (from true north) 0 Antenna Height AAT (meters) 1.800 Transmitting ERP (watts) 79.850 Antenna 2 Azimuth (from true north) 0 Antenna Height AAT (meters) 1.800 Transmitting ERP (watts) 1.060 Antenna: 3 Azimuth (from true north) 0 Antenna Height AAT (meters) 1.800 Transmitting ERP (watts) 0.990 45 113.800 41.860 45 113.800 62.500 45 113.800 0.990 90 153.300 4.450 90 153.300 403.500 90 153.300 0.990 135 • 16.900 0 990 135 - 16.900' 403.500 135 - 16.900 6 230 180 9.400 0.990 180 9.400 71.750 180 9.400 129.570 225 64.300 0.990 225 64.300 2.380 225 64.300 368.520 270 128.700 24.680 270 128.700 0.990 270 128.700 230.740 315 51.600 85.260 315 51.600 0.990 315 51.600 26.950 • Page 2 of 4 FCC 601-C August 2007 Licensee Name. CELLCO PARTNERSHIP Call Sign: KNKA246 File Number: 0006672353 Print Date: 04-14-2015 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 5 43-10-403 N 073-55-44.5 W 469.7 Address: ALPINE: LOCATED OFF ORMSBEE ROAD City: GREENFIELD County: SARATOGA State: NY Construction Deadline: Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 97.800 242.900 307.900 353.300 310.900 80.200 60.700 59.100 Transmitting ERP (watts) 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 Location Latitude Longitude. Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 7 42-36-20.3 N 073-27-36.4 W Address: Fire Tower Road City: Stephentown County: RENSSELAER State: NY Construction Deadline: Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 87.100 103.400 86.700 194.400 253.100 332.400 345.400 279.800 Transmitting ERP (watts) 44.000 75.960 35.390 2.610 0.290 12.190 72.680 58.030 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 8 42-58-16.3 N 074-40-50.5 W 352 4 Addi ess: MINDEN: 0 41 MILES FROM THE INTERSECTION OF ROUTE 5S AND SANDERS ROAD BEARING 4 City: MINDEN County: MONTGOMERY State: NY Construction Deadline: Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 5.500 -53.300 88.400 .168.300.' 75.300 -3.700 45.400 124.100 Transmitting ERP (watts) 100.000 100.000 100.000 ''100.000 100.000 100.000 100 000 100.000 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 9 42-51-27.9 N 073-23-22.8 W 368 2 93.9 Address: Le Barron Hill Rd City: Hoosick County RENSSELAER State: NY Construction Deadline: Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 248.400 267.300 167.000 111.500 70.400 85.300 293.500 276.100 Transmitting ERP (watts) 72.440 19.050 7.240 20.420 81.280 97.720 97.720 95.500 Page 3 of 4 FCC 601-C August 2007 Licensee Name. CELLCO PARTNERSHIP Call Sign: KNKA246 File Number: 0006672353 Print Date: 04-14-2015 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 10 42-17-05.3 N 074-15-53.9 W 911 7 34.8 Address: Windham Ski Area - Base Lodge City: Windham County: GREENE State: NY Construction Deadline: 10-27-2009 Antenna: 1 Azimuth (from true north) 0 Antenna Height AAT (meters) ' 310.800 116.240 Transmitting ERP (watts) Antenna: 2 Azimuth (from true north)''0 Antenna Height AAT (meters) 310.800 Transmitting ERP (watts) 0.800 Antenna: 3 Azimuth (from true north) 0 Antenna Height AAT (meters) 310.800 Transmitting ERP (watts) 0.780 45 465.300 92.730 45 465.300 39.870 45 465.300 0.620 90 318.700 14.970 90 318.700 112.180 90 318.700 0.620 135 266.900 0.620 135 266.900 115.180 135 266.900 4.890 180 255.100 0.620 180 255.100 66.580 180 255.100 70.940 225 310.100 0.620 225 310.100 4.670 225 310.100 115.560 270 350.200 16.420 270 350.200 0.620 270 350.200 109.620 315 327.100 99.360 315 327.100 0.620 315 327.100 35.530 Control Points: Control Pt. No. 1 Address 500 W Dove Rd City: Southlake County: TARRANT State: TX Telephone Number: (800)264-6620 Waivers/Conditions: License renewal granted on a conditional basis, subject to the outcome of FCC proceeding WT Docket No. 10-112 (see FCC 10-86, pans. 113 and 126). • Page 4 of 4 FCC 601-C August 2007 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. 1.16... ..v ria" e "fes k, T —.�.. e a :r ( r V _ lir a a S m Federal Comrninc.AfoEs Corn mssion Wireless ?e .eco munica l©as DID STATION AUTO -11 LICENSEE. CELLCO PARTNERSHIP AT l'N : REGULATORY CELLCO PARTNERSHIP 1120 SANCTUARY PKWY, #150 GASASR..EG ALPHARETTA, GA 30009-7630 FCC Registration Number (F+ (IN): 0003290673 RI7, ureau Call Sign WQCS418 File Number 0006668604 Radio Service CW - PCS Broadband Grant Date 04-23-2015 Effective Date 04-23-2015 Expiration Date 05-13-2025 Print Date 04-24-2015 Market Number BTA007 Channel Block C Sub -Market Designator 6 Market Name Albany -Schenectady, NY 1st Build -out 05-13-2010 ate 2nd Build -out Date 3rd Build -out Date 4th Build -out Date Waivers/Conditions: License renewal granted on a conditional basis, subject to the outcome of FCC proceeding WT Docket No. 10-112 (see FCC 10-86, paras. 113 and 126). Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on_the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select "License Search". Follow the instructions on how to search for license information. Page 1 of 1 FCC 601 -MB April 2009 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. ii 'c;u 1161 of �N C14SiMisslo Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP ATTN • REGULATORY CELLCO PARTNERSHIP 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673 Call Sign File Number WQEM928 0007057132 Radio Service CW - PCS Broadband Grant Date 03-11-2016 Effective Date 03-11-2016 Expiration Date 03-08-2026 Print Date 03-12-2016 Market Number BTA007 Channel Block C Sub -Market Designator 5 Market Name Albany -Schenectady, NY 1st Build -out Date 03-08-2011 2nd Build -out Date 3rd Build -out Date 4th Build -out Date Waivers/Conditions: Grant of the request to update licensee name is conditioned on it not reflecting an assignment or transfer of control (see Rule 1.948); if an assignment or transfer occurred without proper notification or FCC approval, the grant is void and the station is licensed under the prior name. License renewal granted on a conditional basis, subject to the outcome of FCC proceeding WT Docket No. 10-112 (see FCC 10-86, paras. 113 and 126). Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?fob=home and select "License Search". Follow the instructions on how to search for license information. Page 1of1 FCC 601 -MB April 2009 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC. license. c 0 Sir Li •o« 0.1`x, Y 1ell X Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP ATTN•REGULATORY CELLCO PARTNERSHIP 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673 Call Sign WQJQ689 File Number Radio Service WU - 700 MHz Upper Band (Block C) Grant Date 11-26-2008 Effective Date 03-26-2013 Expiration Date 06-13-2019 Print Date Market Number REA001 Channel Block _c. Sub -Market Designator 0 MarketName Northeast 1st Build -out Date 06-13-2013 2nd Build -out Date 06-13-2019 3rd Build -out Date 4th Build -out Date Waivers/Conditions: If the facilities authorized herein are used to provide broadcast operations, whether exclusively or in combination with other services, the licensee must seek renewal of the license either within eight years from the commencement of the broadcast service or within the teen of the license had the broadcast service not been provided, whichever period is shorter in length. See 47 CFR §27.13(b). This authorization is conditioned upon compliance with section 27.16 of the Commission's rules Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right 'n the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended See 47 U.S.C. § 310(d) This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market` Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?lob=home and select "License Search". Follow the instructions on how to search for license information. Page 1 of 1 FCC 601 -MB April 2009 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP ATTN•REGULATORY. CELLCO PARTNERSHIP 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673 Call Sign File Number WQGA715 0006015570 Radio Service AW - AWS, 1710-1755/2110-2155 MHz bands Grant Date 11-29-2006 Effective Date 03-12-2014 Expiration Date 11-29-2021 Print Date 05-09-2014 Market Number REA001 Channel Block Sub -Market Designator 11 Market Name Northeast 1st Build -out Date 2nd Build -out Date 3rd. Build -out Date 4th Build -out Date Waivers/Conditions: This authorization is conditioned upon the licensee, prior to initiating operations from any base or fixed station, making reasonable efforts to coordinate frequency usage with known co -channel andadjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations. See, e.g., FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band, Public Notice, FCC 06-50, WTB Docket No. 02-353, rel. April 20 2006. AWS operations must not cause harmful interference across the Canadian or Mexican Border. The authority granted herein is subject to future international agreements with Canada or Mexico, as applicable. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this licenseis subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?lob=home and select "License Search". Follow the instructions on how to search for license information. Page 1 of 1 FCC 601 -MB April 2009 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. - -W ..✓tis"."_, Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP ATTNN • REGULATORY' CELLCO PAR Cly -ERS HIP 1120 SANCTUARY PKWY,#150 GASASREG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673 Call Sign WQGA902 i File Number 0006150136 Radio Service AW - AWS (1710-1755 MHz and 2110-2155 MHz) Market Number BEA005 Channel Block Sub -Market Designator 5 Market Name Albany -Schenectady -Troy, NY 1st Build -out Date 2nd Build -out Date 3rd Build -out Date 4th Build -out Date Waivers/Conditions: This authorization is conditioned upon the licensee, prior to initiating operations' from any base or fixed station, making reasonable efforts to coordinate frequency usage with known co -channel and adjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations See, e.g., FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band, Public Notice, FCC 06-50, WTB Docket No. 02-353, rel. April 20 2006. AWS operations must not cause harmful interference across the Canadian or Mexican Border. The authority granted herein is subject to future international agreements with Canada or Mexico, as applicable. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h) this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any; right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized, herein Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended See 47 U.S.C. § 310(d) This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?fob=home and select "License Search". Follow the instructions on how to search for license information. Page 1 of 1 FCC 601 -MB April 2009 Grant Date 11-29-2006 Effective Date`' - 12-28-2013 Expiration Date 11-29-2021 Print Date 02-14-2014 Market Number BEA005 Channel Block Sub -Market Designator 5 Market Name Albany -Schenectady -Troy, NY 1st Build -out Date 2nd Build -out Date 3rd Build -out Date 4th Build -out Date Waivers/Conditions: This authorization is conditioned upon the licensee, prior to initiating operations' from any base or fixed station, making reasonable efforts to coordinate frequency usage with known co -channel and adjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations See, e.g., FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band, Public Notice, FCC 06-50, WTB Docket No. 02-353, rel. April 20 2006. AWS operations must not cause harmful interference across the Canadian or Mexican Border. The authority granted herein is subject to future international agreements with Canada or Mexico, as applicable. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h) this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any; right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized, herein Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended See 47 U.S.C. § 310(d) This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?fob=home and select "License Search". Follow the instructions on how to search for license information. Page 1 of 1 FCC 601 -MB April 2009 810Z `11 �iadd SISA1YNY NOl.L02129 311S NV NOLLVOIJLLSflI' d21 998t14 AN `96uiadg e6o;eieg enuey ee- 6u!pI!ng ;uewpedy 0A0J9 ayl 311S VINOHY1NO SS212UIM NOZIU2A vieia dIHSU2NIUVd 001120 A.10Z AGA RF Justification Oklahoma Track Site Saratoga Springs, NY April 11 2018 RF JUSTIFICATION AND SITE SELECTION ANALYSIS CELLCO PARTNERSHIP d/b/a Verizon Wireless ("Verizon Wireless") submits this RF analysis in association with its proposed "Oklahoma Track" wireless communications facility. As proposed, Verizon Wireless plans to install and operate a new wireless telecommunications facility on The Grove Luxury Apartments building rooftop including associated antennas, elevated equipment platform and related appurtenances, in the City of Saratoga Springs, Saratoga County, New York 1. QUALIFICATIONS This report was prepared by Verizon Wireless' in-house RF Engineering Department, which consists of expenenced and properly credentialed radio frequency engineers. The RF Engineering Department designs Verizon Wireless' nationwide network to provide adequate and effective wireless communications services in compliance with all FCC requirements, including Verizon Wireless licensure requirements The RF Design Engineers use proprietary software and tools in addition to industry -standard RF propagation modeling and network performance simulation programs to identify network coverage performance and capacity deficiencies, and develop and implement solutions based on these analyses with the goal of maximize network performance and efficiency 2. WIRELESS TELECOMMUNICATIONS SYSTEMS The FCC licenses a specific amount of RF spectrum to each wireless carrier and stipulates that each carrier efficiently use that spectrum to provide adequate wireless communication to emergency services, businesses and individuals in the licensed areas. Wireless carriers achieve this mandate by continuously reusing the allocated radio frequencies throughout their licensed service area This is accomplished by building small radio base stations, or cell sites, in a particular pattern (also known as a grid). The application of the grid concept affords a wireless carrier the ability to effectively and efficiently plan the reuse of radio frequencies. Indeed, it is the only way a cellular system can adequately function Following proper planning techniques (as originally defined by Bell Labs and further refined by the wireless industry) the same radio frequency is reused at reasonably close intervals throughout the licensed area, without causing harmful interference (noisy or dropped calls or the inability to originate a call are typical manifestations of harmful interference) but only if placed properly. There is extremely limited flexibility as to where a cell site can be located, and limited flexibility as to the proper height. When designing a wireless network, an RF Design Engineer starts with a theoretical grid pattern and applies it to the licensed area Each licensed area has many variables that can affect the design and must be considered. These variables include terrain features use of existing structures, traffic distribution, and many others. In order to provide effective coverage while maintaining an appropriate frequency reuse plan, the RF Design Engineer must perform a balancing test of all applicable technological variables. The primary variables that the engineer must balance/take into consideration are location, and the overall height of the cell sites. Sites located to close to one another will result in unacceptable network interference. If the sites are too far apart, service will significantly degrade in the area where the signal does not reach ultimately resulting in the potential for dropped calls or ineffective connection attempts. If a cell site is too high it will have increased coverage but will cause interference throughout the rest of Page 2 of 9 RF Justification Oklahoma Track Site Saratoga Springs, NY April 11, 2018 the wireless network, thereby significantly affecting network efficiency. If a cell site is too low, it will not provide effective coverage to the target area. Therefore, a properly designed wireless network begins with strategically located cell sites. A common denominator for each cell site involves a tall structure, typically a building tower, water tank or other structure on which antennas are mounted. Typically, radio - transmitting equipment (base station) is located at the base of the structure. Radio signals leave the base station and travel through transmission lines to the antennas or to fiber optic cable to the remote radio head (RRH) at the top of structure and then to the antennas Radio signals are broadcast through the antennas and travel to the customer's wireless device, thereby establishing a connection between the wireless network and the end user of the wireless device. When a wireless device transmits back to the cell site, the signal is received by the antennas, travels down the transmission line and into the base station. The base station converts the signal into digital data and combines it with all the other wireless calls and digital traffic at that cell site. This data is then sent over fiber optic digital lines to the main switching computer The main switching computer or Mobile Switching Center (MSC) is interconnected to the national Public Switched Telephone Network (PSTN) and Internet service providers where calls are routed to other wireless or land -line phones, or Internet locations. As this technology enables mobile calling, once a wireless call is originated and the customer travels away from the cell site of origination, the system tracks the changes and begins a process of determining if there is a better serving cell site (a "dominant server'). Upon determination of a stronger serving site, the system automatically switches the wireless customer over to the new cell site. This process is known as a handover and allows for seamless coverage within a wireless carrier's service area. By design, this process is supposed to happen so quickly, the wireless customer does not perceive it. If the network is designed properly, there is no interruption of service and connection quality remains adequate. Proper effective RF design requires the location (and height) of cell sites in fairly rigid parameters to ensure that the above-described process works in an adequate manner. 3. PERFORMANCE METRICS (a) Coverage The critical issue for Verizon Wireless is the provision of "adequate and substantial" Radio Frequency (RF) service to serve its wireless customers. The wireless industry is governed by the Rules of the FCC. The FCC mandates in CFR 47, Parts §22.940 and §24.16 that each carrier must provide `substantial service" in its licensed service area or risk having their license revoked. The FCC defines substantial service as service which is sound favorable, and substantially above a level of mediocre service. Similarly, New York State law recognizing the importance of deploying the infrastructure for wireless communications, has deemed cellular transmitting facilities to be public utilities for purposes of zoning As such, the facilities must be permitted in order to provide "safe and effective' service. A metric called Reference Signal Received Power (RSRP") is used to specify the coverage capabilities of wireless networks. This standard best represents the Long Term Evolution ("LTE') data technology (also known as 4G) being utilized as well as the Voice -Over LTE (VoLTE) technology, which is being deployed on 4G to augment and ultimately replace Verizon Wireless' legacy Third Generation (3G) voice services and capacity. RSRP is the average received power measured across an LTE broadband channel. Page 3 of 9 RF Justification Oklahoma Track Site Saratoga Springs, NY April 11, 2018 RSRP is measured in units of "decibels" referenced against 1 milliwatt, or dBm. The decibel is a logarithmic unit that allows ratios to be added or subtracted. The definition formula for decibels referenced against 1 milliwatt is dBm = 10 log(P / 1mW) with P measured in milliwatts. So 10 mW would be 10dBm, 100 mW would be 20dBm, etc. The service boundary of a 4G site is defined using a RSRP equating to an acceptable receiver signal threshold. This value is derived from industry standards, 4G receive signal levels and quality and acceptable signal to noise ratios, along with statistically quantifiable variations in terrain. This threshold must also take into account additional losses associated with location of the mobile user. Verizon Wireless must provide adequate service to all of its users. In order to account for users within buildings, additional margin must be added to RSRP so that adequate coverage exists inside. Industry and Verizon Wireless engineering standards include an additional 10dB of margin to RSRP to be used for light suburban areas, with increasing values for higher density land usage. This additional margin is also required for in -vehicle service specifically to account for increased attenuation associated with the use of hands-free headsets, where the phone is typically placed on the seat or in the center console. An industry standard RF computer-aided engineering tool is used in the design of wireless networks. This tool is used to generate a plot of RSRP that shows underlying geographic data (highways, arterial roads, etc.). The propagation map is drawn showing the region where the RSRP equates to the minimally acceptable received signal level for adequate service, as measured at the device's receiver. The propagation map depicts the RSRP of the surrounding environment including the attenuation of in -building and in -vehicle use of service and visually demonstrates existing coverage patterns. Plots can also be generated to demonstrate proposed coverage patterns. With the preceding in mind, Verizon Wireless' network standard for reliable 4G LTE wireless service for dense residential and light urban settings is -95 dBm RSRP. Network reliability and accessibility decreases dramatically for mobile devices operating in or traveling into RF environments outside (or weaker than) the -95 dBm RSRP coverage boundary (represented as white space in the provided coverage plots). The -95 dBm RSRP threshold is used in areas where additional signal strength is needed to penetrate into homes and buildings (e.g., city centers, dense residential, commercial and industrial type environs). Given the proposed facility's proximity do downtown Saratoga Springs, and need for Verizon Wireless coverage to penetrate inside the various homes and buildings across the eastern portion the downtown area and specifically the dense suburban area along NY State Route 29 (NY -29 / Lake Avenue), the -95 dBm RSRP signal strength standard was applied for the proposed Oklahoma Track facility. (b) Capacity Significant deficiencies in service can occur in Verizon Wireless' telecommunication network in and around the existing sites. These deficiencies can be a result of capacity demands that are taxing the surrounding sites in the Verizon Wireless network. The FCC mandates in CFR 47 Part §22.940 that when a Commercial Mobile Radio Service ("CMRS") licensee (i.e. "wireless carrier") is up for renewal, the carrier must demonstrate its proposal for expanding system capacity in a coordinated manner in order to meet anticipated increasing demand for both local and roamer service, or be at risk of license revocation. Verizon Wireless regularly monitors customer traffic on each site in its network and identifies which sites are reaching 4G capacity limits or are projected to reach these limits over Page 4 of 9 RF Justification Oklahoma Track Site Saratoga Springs, NY April 11 2018 a rolling four-year window. Capacity is defined as the amount of customer data traffic (voice and data) a given site can process before significant performance degradation occurs. Performance issues include an inability to access the network (make a call), calls being abruptly dropped from the network (dropped calls), or poor call or data throughput performance while connected to the network (delayed upload or download speeds). Data volume, or throughput, is the main factor used to determine the existing 4G capacity for a given site and to project when that site is expected to run out of capacity (i e. reach a point where it can no longer process the volume of data requested by local wireless devices). Capacity relief solutions, typically development of additional sites capable of "offloading" the ' loaded" sites, are then required to solve the problem. Forward Data Volume ("FDV") a measure of usage (data throughput) on a particular site over a given period of time, is the performance metric used to evaluate the capacity of an existing facility. The "forward link is used since there is generally more data being downloaded' (or transmitted) from a given site to the mobile devices within its coverage area, than uploaded. Therefore, it is the "forward link", not the "reverse link" that is used to determine the capacity limitations. Spikes resulting from anomalies such as seasonal events (tourist spikes, major outdoor concert venues or sporting events, etc.), college breaks, Holiday related events or celebrations, and major accidents or emergencies are accounted for as they can inflate the capacity demand and result in a premature capacity offload prediction. Trending actual and recorded throughput data over time for a site and comparing it to the theoretical maximum throughput capabilities for that site determines when that site will require capacity relief. The above are some of the concepts and parameters used when determining adequacy of the existing network. 4. PERFORMANCE SOLUTIONS When the Verizon Wireless Radio Frequency Engineer identifies coverage gaps in the system or sites that have or will reach data capacity exhaustion, they issue a "search area.' A search area is a geographical area located within the inadequately serviced area, and it is designed such that if a wireless telecommunications facility is located within the search area, and at an appropriate height, it will likely provide the required coverage For the most part, locations outside of the search area will fail to provide adequate service to the cell. Due to technological constraints there is limited flexibility as to where a new facility can be located, and still function properly The goal of the search area is to define the permissible location for placement of a cell site that will provide adequate service in the subject cell, and also work properly as part of the overall network. 5. VERIZON WIRELESS SERVICE AND PROPOSED SOLUTION IN THE OKLAHOMA TRACK CELL (a) Character of the Area The Oklahoma Track Cell is essentially the dense residential area east of downtown generally between NY State Route 50 to the north, Adirondack Northway 1-87 to the east, the Saratoga Race Course and Oklahoma Track area to the south, and East Ave to the west. This portion of the City is generally flat terrain -wise and mainly consists of dense residential 1 By comparison the reverse link, or information transmitted from mobile devices to an associated wireless facility, generally carries in the order of 1/10th of the data volume as the forward or downlink path. Page 5 of 9 RF Justification Oklahoma Track Site Saratoga Springs, NY April 11 2018 neighborhoods interspersed within patches of dense tree cover. This area also contains main travel routes NY -29 and East Avenue, many local and neighborhood roads (Caroline St, Excelsior Spring Ave, Granger Ave, Schuyler Dr., and Elizabeth Ln to name a few), residences of The Grove luxury apartments East Side Recreational Park, and many of the businesses, parking and stable areas at and surrounding the Saratoga Race Course Oklahoma Training Track. The 2 story tall Grove Apartment building (3 stories counting the existing elevator rooftop penthouses) is located near the center of the targeted network coverage and capacity improvement area and offers sufficient height to maintain relatively unobstructed RF coverage to the many residences and traveling public across this underserved portion of the City of Saratoga Springs. (b) RF Coverage Issues Verizon Wireless' 4G LTE network is lacking reliable 4G LTE coverage inside many of the homes, businesses and vehicles traveling the main and neighborhood roads in the dense residential areas east of Saratoga Springs City Center. Although outdoor coverage is generally acceptable, the existing level of 4G coverage does not effectively penetrate into the various businesses, apartments and homes across the targeted network improvement area, and therefore does not adequately serve Verizon Wireless customers using their 4G mobile devices in the area. The area targeted for coverage, capacity, and overall network performance improvement is illustrated in the map at Attachment 1 and is generally represented by the Tan region (area circled in Red) that extends for several blocks north and south of the 1.1± mile section of Lake Avenue between Nelson Ave and Henning Rd. As shown in the proposed new coverage map at Attachment 2 (where coverage from the Oklahoma Track site is displayed as the Green layer), the proposed site will remedy the existing coverage gap and provide Verizon Wireless with adequate coverage and capacity both inside and outside the homes and roads across the targeted improvement area Existing 4G wireless telecommunication coverage near the proposed Oklahoma Track facility and surrounding area originates from Verizon Wireless' active wireless telecommunications facilities called "Loughberry Lake" (located 1.4± miles northeast on the 115± ft tall stealth ' monopine" behind the Synagogue at 84 Weibel Ave), 'Saratoga Gaming and Raceway' (located 1.4± miles south on the 107± ft. tall stealth lookout tower behind the S aratoga Casino Hotel), "Saratoga II" (located 1.2± miles west on the rooftop at 10 Railroad P lace), and "Skidmore Campus" (located 1 4± mi. northwest on the Jonsson Tower building at S kidmore College). Note that Verizon Wireless also has several small cell facilities and an Outdoor Distributed Antenna System (ODAS) along Union Ave near the Saratoga Race Course, but these facilities are low -powered radio units on utility poles and residential apartment buildings that cover small geographic areas generally within 1000 ft. of each facility. All other Verizon Wireless traditional macro facilities are either too far away and/or are completely or partially blocked by surrounding local terrain and vegetative features to provide reliable wireless telecommunication service to the targeted coverage improvement area across the Lake Ave / Oklahoma Track portion of the City. (c) RF Capacity Issues In addition to the coverage improvements described in the previous section the proposed Oklahoma Track facility will also offer sufficient capacity to handle the projected and foreseeable 4G voice and data traffic growth near and surrounding the Oklahoma Track and residential areas along Lake Ave. Once complete, the majority of this localized 4G customer network traffic will be routed thru the new Oklahoma Track facility, thus effectively "offloading" it from the surrounding capacity -limited Verizon Wireless sites Loughberry Lake, Saratoga Page 6 of 9 RF Justification Oklahoma Track Site Saratoga Springs, NY April 11, 2018 Gaming & Raceway, Sa Patoga H and Skidmore Campus. By freeing up network resources on these surrounding facilities, they will be able to more effectively and efficiently serve customers in other portions of the City (e.g., along Broadway in the city center, Skidmore College campus, busting hotel, restaurant, shopping areas at and s.ffrounding 0-87 Exit 15, etc.). Ultimately, the proposed Ok ahoma Te-ack facility will nearly triple the amount of network capacity across the targeted dense 7esidential neighborhoods along and surrounding Lake Ave east of downtown Saratoga Spt ir^gs and offer refab e 43 network penform8 ice to the businesses, residents, and travelling public in the area. Sohition Based on the network deficiencies in the Oklahoma Track I ake Avenue area described above, a search area was developed to define specific geographical locations from which a new wireless telecommunications facility, whim also designed at an appropriate height, is most likely to provide the required coverage and capacity needs. The Oklahoma Track search ring is provided in the aerial map at Figure 1 below, where the Yellow circle ilk, states the search ring location, and the larger Red circle is the approximate area in need of coverage and network capacity improvements. Figure 1. Oklahoma Track Search Ring Aerial Map Overlay with Intended Coverage Area. Note that for this particular project, the search ring is targeting the relatively small area including The Grove Apartments, St. Clements Church property and East Side Recreation Park. The Grove Apartments building is the tallest c©r mercial structure in the immediate area, offers Page 7 of 9 RF Justification Oklahoma Track Site Saratoga Springs, NY April 11 2018 sufficient height to "see" over the adjacent St. Clements Church rooftop, and given its desirable location close to the center of the targeted network performance improvement area is able to provide the desired coverage and capacity improvements despite the relatively low antenna height. Importantly, from a capacity perspective, the proposed facility s central location ensures customer usage generated from across the area (circled in Red in map at Figure 1 above) will be relatively equally distributed among the site's 3 -sectors, with one sector covering to the east along Lake Ave to Henning Rd, another covering south to the Oklahoma Track area and the 3rd sector covering to the west along Lake Ave to approximately Nelson Avenue2. This scenario is beneficial as the proposed facility provides approximately three times more capacity than a distant site with only one sector attempting to serve all customers across the targeted area. Lastly the placement of the proposed site enables Verizon Wireless to satisfy coverage, capacity and other network performance related objectives across the target area from a single wireless facility on an existing structure. As a final note on the search ring, Verizon Wireless representatives also evaluated the possibility of replacing one of the light poles at East End Recreation Park with a 15 ft taller pole of sufficient structural capacity to hold wireless antennas and associated equipment, and re- install the light array below at its existing height. However Verizon Wireless was not able to work out a lease agreement with the property owner (City of Saratoga Springs School District), so the light pole replacement was removed from consideration. Regardless, from an aesthetics perspective the proposed installation on The Grove apartment building is only visible from within The Grove complex and the St. Clements Church property but since set back from Lake Avenue and behind a row of tall pine trees, is not readily visible from travelers along Lake Ave or to the rest of the community Conversely, although the light pole replacement would blend somewhat naturally with the other surrounding poles and lighting structures in the park, the open nature of the property would make the wireless facility visible to travelers along Lake Ave, at the park, and several of the park s neighboring residences. For these reasons Verizon Wireless decided to move forward with the proposed wireless facility installation on The Grove building rooftop. 6. ZONING CONSIDERATIONS AND CANDIDATE/ALTERNATIVES ANALYSIS As with all new Verizon Wireless site development projects, Verizon Wireless completed a thorough analysis of the targeted network performance improvement area before arriving at its decision to place a communications facility on The Grove apartments building. As part of the site selection process, efforts are made to identify potential locations that would be both technically appropriate and sensible from a zoning and land use perspective. From a zoning perspective, Verizon Wireless routinely seeks to install its antennas and equipment on existing communications towers or other tall structures ('collocation") whenever feasible. In addition to a potentially streamlined zoning application process, wireless providers prefer collocation because it is generally a less expensive and timelier option, particularly compared to the time and cost involved in land acquisition, zoning, and installation of a new tower facility. 2 In its standard configuration, a typical wireless facility contains 3 sectors of coverage with each covering 1/3 or 120 degrees of the area surroundmg a given site. From The Grove Apartments location, each sector is able to provide coverage and capacity to approximately one-third of the dense residential community east of downtown Saratoga Springs. Page 8 of 9 RF Justification Oklahoma Track Site Saratoga Springs, NY April 11, 2018 For the proposed Oklahoma Track wireless facility, Verizon Wireless is proposing to collocate on an existing structure (The Grove building), so other than the light pole replacement option described previously, no other candidates were seriously considered. 8. CONCLUSION Verizon Wireless is proposing to collocate a wireless facility on The Grove apartments building with an antenna centerline height 45± ft. AGL. This proposed installation will enable Verizon Wireless to alleviate a significant • portion of network usage from existing wireless facilities in and around the Saratoga Springs by providing an adequate and safe level of in - building and mobile 4G service across the dense residential neighborhoods east of downtown. By freeing up network resources from surrounding facilities that are currently used to serve customers in the Oklahoma Track / Lake Avenue area, the neighboring sites will be able to more effectively and efficiently serve customers in other portions of the City. Verizon Wireless also believes that the proposed site is at an appropriate location that is naturally screened and masked to the fullest extent possible so that local area aesthetics are maintained. In summary, a new communications facility at the proposed location and height will substantially satisfy all of the required coverage and capacity objectives set forth for the Oklahoma Track cell. Upon completion, Verizon Wireless' communications facility will enhance the public welfare by providing local residents, workforce, tourists, government, businesses and individuals with a modern, more efficient system of communications for police, fire and other emergency or non -emergency use. Prepared by: eatateut eenix Colman Burke Rick Andras Tectonic Radio Frequency (RF) Design Engineer Consultant to Verizon Wireless Verizon Wireless Page 9 of 9 i Exhibit 1. Existing Verizon Wireless 4G Coverage in Saratoga Springs Lake Avenue Area C r S 3 S IDMORE CAMPUS I atori 314 �ta S a i Fl a, I r. I w 166 Cr mt $1 for U V , • i 'Cr 374 r rt - r. 0 • f • S a a Targeted Network Per`ormance Improvement Area In "Sena . r � jJ�j[(�,,��('�jPp44nn ._D q t L AHO MA TRACK �A ::11. !gi1gs o' res V. ARATOA II ARATOGA CO MIC ONEQUIST • +* ,w40 stTI • fi • 1 UNION MCR • 1, Sp, toksioath 4G Coverage: 700 MHz, -95 dBm RSRP Existing 0.2 O.4mi t I r .a 4 E2 9ARATOGA EXIT 14 ODAS BBUI JOGA EX14 DAS NOD tit • a S t V trt 1 f Lw a h', , • sF 114QUT 14ODAS BB ►".(!rfl.tz t nu 1.1'. e8 SVao PL 11X3hietaiVIIV 4 0 fil f, ►Q f • 'r1 fr 1300ri sva vtx3 dDoY L fi 88 SY00 P I. 11X3 VOO1V iV • J 4 Z _• i 2 r V !wit's) tO nnaN pasodold Suijsix] dUUSU w8p 56- `ZHW COL oa2eaano) 917 NV NOS13 i2 3 a JI w NOINfl .sr 4 - Sia ino 3att 1SIf OJNO r- 83IIN OJ VDOl iV " , II VOO1VEId rfit Lritec • • 3H0W0 t I S Ia. w 1 aoueuaaoj. • uawaAoJdwI ad 1a0nnlaN paTa2Je! -�c cto It 3 S 161W t+qutrie. .r r T • • • • p r' /- M Sf dVI J 3bi0W0I _• 1 S r • Amped euaoyell0 pas�doid aye woa; a2eaanop Dip paAwdwl/MaN •z 1qqx3 MILLENNIUM ENGINEERING, P.C. 132 Jaffrey Road Malvern, Pennsylvania 19355 Cell: 610-220-3820 Fax: 610-644-4355 www.millenniumeng.com Email: pauldugan@comcast net March 30, 2018 Attn: Henry Parra, RF Design Engineer Verizon Wireless 225 Jordan Road Troy NY 12180 Re: RF Safety FCC Compliance of Proposed Communications Facility Site Name. Oklahoma Track, Collocation on Existing 2 -Story Building 231 Lake Avenue, Saratoga Springs, NY 12866 (City of Saratoga Springs, Saratoga County) Dear Mr. Parra, I have performed an analysis to provide an independent determination and certification that the proposed Verizon Wireless communications facility at the above referenced property will comply with Federal Communications Commission (FCC) exposure limits and guidelines for human exposure to radiofrequency electromagnetic fields (Code of Federal Regulation 47 CFR 1.1307 and 1 1310). As a registered professional engineer I am under the jurisdiction of the State Registration Boards in which I am licensed to hold paramount the safety, health, and welfare of the public and to issue all public statements in an objective and truthful manner. The proposed communications facility consists of collocation on an existing 2 -story building at the above referenced property. The proposed Verizon Wireless configuration from the information furnished to me consists of (1) 700/850/1900 MHz (LTE) multi -band antenna (A/G: Quintel QS8656-5, B• Quintel QS8456-5 or equivalent) and (1) 700/850/2100 MHz (LTE) multi -band antenna (A/G: Quintel QS8656-5, B: Quintel QS8456-5 or equivalent) on each of three faces (total of 6 antennas) spaced with azimuths of 90/180/270 degrees on the horizontal plane with a centerline of approximately 47 above ground level. Transmitting from these antennas will be (1) 700 MHz LTE wideband channel, (1) 850 MHz LTE wideband channel, (1) 1900 MHz LTE wideband channel and (2) 2100 MHz LTE wideband channels per face. The Verizon Wireless antennas will be pipe -mounted behind stealth screen walls on the east (alpha) and west (beta/gamma) penthouse rooftops with a centerline of approximately 19' above the main rooftop and 6' above the penthouse rooftops. The following assumptions are made for reasonable upper limit radiofrequency operating parameters for the proposed facility due to Verizon Wireless antennas alone to accommodate all licensed frequency bands: • (1) 700/850/1900 MHz (LTE) multi -band transmit antenna per face at 0-10 deg mech downtilt • (1) 700/850/2100 MHz (LTE) multi -band transmit antenna per face at 0-10 deg mech downtilt • (1) 700 MHz LTE wideband channel/face at 4x4OW max power/face before cable loss/antenna gain • (1) 850 MHz LTE wideband channel/face at 4x40W max power/face before cable loss/antenna gain • (1) 1900 MHz LTE wideband channel/face at 4x4OW max power/face before cable loss/antenna gain • (2) 2100 MHz LTE wideband channels/face at 4x6OW max power/face before cable loss/antenna gain • The facility would be at or near full capacity during busy hour Page 1 of 6 Using the far -field power density equations from FCC Bulletin OET 65, the power density at any given distance from the antennas is equal to 0.360(ERP)/R2 where R is the distance to the point at which the exposure is being calculated. The given equation is a conversion of the OET 65 power density equation for calculating power density given the distance in feet and the result in metric units (mW/cm2) This calculated power density assumes the location is in the main beam of the vertical pattern of the antenna. After making an adjustment for the reduction in power density due to the vertical pattern of the transmit antenna, the calculated ground level power density is well below 1 % of the FCC general population exposure limits at any distance from the antenna system of Verizon Wireless. The 700 MHz "Upper C Block" transmit frequencies (746-757 MHz), which Verizon Wireless is licensed by the FCC to operate have an uncontrolled/general population maximum permissible exposure (MPE) FCC limit of 497 RW/cm2. The 850 MHz (cellular) "B Band" transmit frequencies (880-894 MHz), which Verizon Wireless is also licensed by the FCC to operate, have an uncontrolled/general population MPE FCC limit of 587 pW/cm2. The 1900 MHz (PCS) `C4/C5 Block" transmit frequencies (1980-1990 MHz), which Verizon Wireless is also licensed by the FCC to operate have an uncontrolled/general population MPE FCC limit of 1000 µ.W/cm2 or 1 mW/cm2 The 2100 MHz (AWS) "E Block" "F Block", "G Block' and "J Block' transmit frequencies (2140- 2145, 2145-2155 2155-2160, 2170-2180 MHz), which Verizon Wireless is also licensed by the FCC to operate, have an uncontrolled/general population MPE FCC limit of 1000 pW/cm2 or 1 mW/cm2. Therefore, the exposure at ground level at any distance from the structure would be below 1 % of the FCC general population exposure limits due to Verizon Wireless antennas alone. The extremely low ground exposure levels are due to the elevated positions of the antennas on the structure and the low power which these systems operate. From the information furnished to me, the existing building does not currently contain any existing antenna systems. The actual exposure for occupational workers, the general public that occupy the building, and pedestrians on the street is hundreds of times below the levels directly in front of the transmit antennas, due to the highly directional characteristic of the existing wireless antennas. Furthermore, Verizon Wireless will not operate close to the upper limit parameters used in my evaluation As one moves away from a transmit antenna, exposure is reduced substantially due to path loss of the radiofrequency signal, reduction due to moving away from the main beam, and the shielding effects of building materials. With the proposed new antenna configuration in service, the actual exposure levels for the general public that occupy the building and pedestrians on the street will be well below 1 % of the FCC exposure limits under any circumstances with the facilities in place. Since the collocation is on a building, in -building personnel or rooftop occupational workers can be in closer proximity to the wireless antennas. The rooftop is not normally occupied by the general public. Since the antennas are directional, the radiofrequency signal is projected away from the building and the power density above, below, or behind the antennas is reduced by a factor of 1000 or more. At locations away from the antenna and away from the main beam, the power density falls off extremely sharply From the standpoint of RF exposure, the presence of Verizon Wireless would not preclude the future addition of other tenants or licensees including emergency or other municipal services which benefit the public from collocation on this structure. There is a substantial margin of safety to allow for the addition of transmit antennas of other communications services. Keep in mind that continuous exposure at 100 % of standard is considered by the scientific community as just as safe as 1 % of standard since the exposure limits themselves contain a large margin of safety. In summary the proposed communications facility will comply with all applicable exposure limits and guidelines adopted by the FCC governing human exposure to radiofrequency electromagnetic fields (FCC Bulletin OET 65) Federal law (FCC Rule Title 47 CFR 1.1307 and 1.1310) sets the national standard for compliance with electromagnetic field safety. The FCC exposure limits are based on exposure limits Page 2 of 6 recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies the exposure limits developed by the Institute of Electrical and Electronics Engineers Inc., (IEEE) and adopted by the American National Standards Institute (ANSI). Thus, there is full compliance with the standards of the IRPA, FCC, IEEE, ANSI, and NCRP. General Information on Electromagnetic Field Safety Verizon Wireless facilities transmit and receive low power electromagnetic fields (EMF) between base station antennas and handheld portable cell phones. The radiofrequency energy from these facilities and devices is non - ionizing electromagnetic energy. Non -ionizing, unlike X -Rays or other forms of potentially harmful energy in the microwave region, is not cumulative over time nor can the energy change the chemical makeup of atoms (e.g. strip electrons from ions). "Non -ionizing" simply means that the energy is not strong enough to break ionic bonds Safe levels of electromagnetic fields were determined by numerous worldwide organizations, such the International Committee for Non -Ionizing Radiation Protection, a worldwide multi -disciplinary team of researchers and scientists studying the effects of non -ionizing radiofrequency energy such as that emitted by base stations or cell phones. The FCC did not arbitrarily establish their own standards, but adopted the recommendations of all leading organizations that set standards and research the subject such as the Institute of Electrical and Electronics Engineers (IEEE), American National Standards Institute (ANSI), and National Council on Radiation Protection and Measurements (NCRP). When Verizon Wireless is located on an antenna structure such as a self-supporting lattice type tower, lattice tower, guyed tower, watertank, etc the antennas are typically 10 meters or more above ground level (10 meters = 32.81 feet). With the relatively low power and elevated positions of the antennas on the structure with respect to ground level, the maximum ground level exposure can rarely approach 1 % of the applicable FCC exposure limit regardless of how many sets of antennas are collocated on the structure. For this reason, the FCC considers the facilities "categorically excluded" from routine evaluation at antenna heights above 10 meters (or above 32.81 feet). Categorical exclusion exempts a site from routine on-site evaluation. However, the facility is not excluded from compliance with the federal exposure limits and guidelines. The types of facilities used by Verizon Wireless typically elevated on antenna structures (away from access to close proximity, i.e. greater than 10 meters or 32.81 feet) simply cannot generate ground level exposure levels that approach the limits under any circumstances. From a regulatory perspective, the FCC has sole jurisdiction over the regulation of electromagnetic fields from all facilities and devices. The FCC has established guidelines and limits over emissions and exposure to protect the general public. The FCC also has certain criteria that trigger when an environmental evaluation must be performed The criteria are based on distance from the antennas (accessibility) and transmit power levels. CONCLUSIONS: 1) The proposed communications facility will comply with electromagnetic field safety standards by a substantial margin (well below 1 %) in all publicly accessible areas. This includes the interior of the existing building, the base of the existing building and any areas in proximity to the existing building. 2) Verizon Wireless takes appropriate measures to ensure that all telecommunications facilities (including this proposed facility) comply with applicable exposure limits and guidelines adopted by the FCC governing human exposure to radiofrequency electromagnetic fields (FCC Bulletin OET 65). 3) In cases where such compliance exists, the subject of electromagnetic field safety is preempted. The Telecommunications Act of 1996 states that "No state or local government or instrumentality thereof may Page 3 of 6 regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [FCC s] regulations concerning such emissions." Telecommunications Act of 1996, § 332[c][7][B][iv]. Respectfully, p"; Paul Dugan, P E Registered Professional Engineer New York License Number 79144 Page 4of6 DECLARATION OF ENGINEER Paul Dugan, P.E., declares and states that he is a graduate telecommunications consulting engineer (BSE/ME Widener University 1984/1988), whose qualifications are a matter of record with the Federal Communications Commission (FCC). His firm, Millennium Engineering, P.C., has been retained by Verizon Wireless to perform power density measurements or calculations for an existing or proposed communications facility and analyze the data for compliance with FCC exposure limits and guidelines for human exposure to radiofrequency electromagnetic fields. Mr. Dugan also states that the calculations or measurements made in the evaluation were made by himself or his technical associates under his direct supervision, and the summary letter certification of FCC compliance associated with the foregoing document was made or prepared by him personally Mr. Dugan is a registered professional engineer in the Jurisdictions of Pennsylvania, New Jersey Delaware, Maryland, Virginia, New York, Connecticut, District of Columbia, West Virginia and Puerto Rico with over 30 years of engineering experience. Mr. Dugan is also an active member of the Association of Federal Communications Consulting Engineers, the National Council of Examiners for Engineering, the National Society of Professionals Engineers, the Pennsylvania Society of Professional Engineers, and the Radio Club of America. Mr. Dugan further states that all facts and statements contained herein are true and accurate to the best of his own knowledge except where stated to be in information or belief, and, as to those facts, he believes them to be true. He believes under penalty of perjury the foregoing is true and correct. Executed this the 30t day of March, 2018. "--Pagate-ssor Paul Dugan, P.E. Page 5 of 6 PAUL DUGAN, P.E. 132 Jaffrey Road Malvern, Pennsylvania 19355 Cell: 610-220-3820 Fax: 610-644-4355 Email: pauldugan@comcast.net Web Page: www.millenniumeng.com EDUCATION: Widener University, Chester, Pennsylvania Master of Business Administration July 1991 Master of Science, Electrical Engineering, December 1988 Bachelor of Science, Electrical Engineering, May 1984 PROFESSIONAL Registered Professional Engineer in the following jurisdictions: ASSOCIATIONS: Pennsylvania, License Number PE -045711-E New Jersey, License Number GE41731 Maryland, License Number 24211 Delaware, License Number 11797 Virginia, License Number 36239 Connecticut, License Number 22566 New York, License Number 079144 District of Columbia, License Number PE -900355 West Virginia, License Number 20258 Puerto Rico, License Number 18946 Full member of The Association of Federal Communications Consulting Engineers (www afcce.org) January 1999 to Present Elected to serve on the Board of Directors for 2006-2007 Full member of The National Society of Professional Engineers (www.nspe.org) and the Pennsylvania Society of Professional Engineers (www.pspe.org) June 2003 to Present Currently serving on the Board of Directors of the Valley Forge Chapter and as South East Region Vice - Chair for the "Professional Engineers in Private Practice" Executive Committee Actively participate in Chester County ARES/RACES (CCAR www.w3eoc.org) which prepares and provides emergency backup communications for Chester County Department of Emergency Services, March 2005 to Present Full member of The National Council of Examiners for Engineering (www.ncees.org) May 2001 to Present Full Member of The Radio Club of America (www radio-club-of-amenca.org) December 2003 to present PROFESSIONAL Millennium Engineering, P.C., Malvern, Pennsylvania EXPERIENCE: Position: President, August 1999 to Present (www.millenniumeng.com) Verizon Wireless, Plymouth Meeting, Pennsylvania Position: Cellular RF System Design/Performance Engineer, April 1990 to August 1999 Communications Test Design, Inc , West Chester, Pennsylvania Position: Electrical Engineer, May 1984 to April 1990 Page 6 of 6 ec onic PRACTICAL SOLUTIONS. EXCEPTIONAL SERVICE. Verizon Wireless 1275 John Street, Suite 100 West Henrietta, NY 14586 Attention: Kathy Pomponio March 21, 2018 RE: STRUCTURAL DESIGN LETTER PROPOSED TELECOMMUNICATIONS FACILITY VERIZON WIRELESS SITE 20130941497 — OKLAHOMA TRACK 233 LAKE AVENUE, CITY OF SARATOGA SPRINGS, SARATOGA COUNTY, NY 12866 TECTONIC W.O. 8668.09 Dear Ms. Pomponio: Verizon Wireless is proposing a macro cell telecommunication facility at the above referenced address. The site includes the installation of the Venzon Wireless antennas and equipment platform on the rooftop of the existing building located on the existing property. The antennas will be mounted on top of the stairwell penthouses and will be screened with RF transparent concealment walls. The equipment platform will also be non -penetrating and located on the roof of the building. The make, model and manufacturer of the platform, antenna mounts, and all associated equipment will be provided as part of the construction documents to be submitted for the building permit application. For the purpose of structural design of the antenna mounts and equipment platform and the analysis of the existing buildingstructure the most stringent criteria of The 2015 Building Code of New York State and ANSI/TIA-222-G "Structural Standard for Antenna Supporting Structures and Antennas" will be applied. The proposed installation will be designed by a New York State licensed professional engineer and will meet all of the above listed criteria The antenna mounts and equipment platform will be designed to resist overturning shear, and all other failure modes. The antenna mounts and equipment platform will be designed such that the existing building structure will in no way be adversely affected by the additionaHoading from the proposed equipment. A full structural analysis report will be prepared and submitted in conjunction with the application for building permit. Should you have any questions, please do not hesitate to contact me. Sincerely, TECTONIC ENGINEERING &SURVEYI C Steven M. Matthews; PE-" Manager of Engineering Latham Office 36 British American Boulevard Suite 101 I Latham, NY 12110 518.783.1630 Tel 1518,783.1544 Fax tectonicengineering.com Equal Opportunity Employer TAB 9 617.20 Appendix B State Environmental Quality Review VISUAL EAF ADDENDUM This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF Visibility 1. Would the project be visible from. r r r (To be completed by Lead Agency) A parcel of land which is dedicated to and available. to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? An overlook or parcel of land dedicated to public observation; enjoyment and appreciation of natural or man-made scenic qualities? A site or structure listed on the National or State Registers of Historic Places? State Parks? The State Forest Preserve? National Wildlife Refuges and State Game Refuges? National Natural Landmarks and other outstanding natural features? National Park Service lands? Rivers designated as National or State Wild, Scenic or Recreational? Any transportation corridor of high exposure, such as part of the Interstate System, or Amtrak? A governmentally established or designated interstate or inter -county foot trail, or one formally proposed for establishment or designation? A site, area, lake, reservoir or highway designated as scenic? Municipal park, or designated open space? I County road? State road? NYS RT -29 (Lake Ave) Local road? MacArthur Ln, Excelsior Springs Ave, Benton Ave, Schuyler Dr 2. is the visibility of the project seasonal? (La, screened by summer foliage, but visible during other seasons) Distance Between Project and Resource (in Miles) Q -'/a '4-1/2 1/2-3 3-5 5+ n n c n n n n ❑ ❑ n n ❑ n 13 ❑ ✓ n n nn n n non n ❑ n rtes u 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? es No DESCRIPTION OF EXISTING ViSUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Essentially undeveloped Forested Agricultural Suburban Residential Industrial Commerical Urban River, Lake, Pond Cliffs, Overlooks Designated Open Space Flat Hilly Mountainous Other Religious NOTE: add attachments as needed 5. Are there visually similar projects within: Within *'A mile *1 mile EC:CCCCC❑C LJ n n n n n *% mile ®Yes EONo 1 miie ®Yes No 2 miles 171Yes No 3 miles Yes No *Distance from project site is provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. ,4,381,500 CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is: Activity Travel to and from work involved in recreational activities Routine travel by residents At a residence At worksite Other Daily 0 FREQUENCY Holidays/ Weekly Weekends Seasonally O 0 0 O 0 0 O 0 0 O O 0 O O 0 O 0 0 Reset PRACTICAL SOLUTIONS Tectonic PRACTICAL SOLUT1OYS EXCEPRONAL SERVICE. Looking northeast from 231 Lake Avenue. Proposed installation will be visible from this location. Distance from the photographic location to the proposed site is 200'± P-1 8668.09 Tecton'c PRACTICAL SOLVTIO45 :[CEPTIONAL SERVICE, Looking northeast from 231 Lake Avenue. Proposed installation is visible from this location. Distance from the photographic location to the proposed site is 200'± Si - 8668.09 .. Tectonic PRACTICAL SOLUTIONS. EXCEPTIONAL SERVICE, p -f:_ . �.:apsc, rims. Looking northwest from near the intersection of Lake Avenue & Macarthur Drive. Proposed installation will be visible from this location. Distance from the photographic location to the proposed site is 200'-4- P-2 8668.09 Tecton'c PRACTICAL SOLUTIONS EXCEPTIONAL SERVICE. Looking northwest from near the intersection of Lake Avenue & Macarthur Drive. Proposed installation will be visible from this location. Distance from the photographic location to the proposed site is 200'± S-2 8668.09 P-3 8668.09 ��u Tecton • c PRACTICAL SOLUTIO'I$ E ICEPTIONAL SERVICE. Looking west from Excelsior Spring Avenue. Proposed installation will be visible from this location. Distance from the photographic location to the proposed site is 425'± Tecton'c PRACTICALSOLUr,U'IS EXCEPTIONAL SERVICE. Looking west from Excelsior Spring Avenue. Proposed installation is visible from this location. Distance from the photographic location to the proposed site is 425'± S-3 8668.09 k;%kcot \1/4\i,k \o, Tecton • c PRACTICAL SOLUTIONS EXCEPTIONAL SERVICE, Looking northeast from the intersection of Lake Avenue & Schuyler Drive. Proposed installation will not be visible from this location. Distance from the photographic location to the proposed site is 450'± La P-4 8668.09 ecton!c PRACTICAL SOLUTIONS EXCEPTIONAL SERVICE. Looking north from 233 Lake Avenue. Proposed installation will not be visible from this location. Distance from the photographic location to the proposed site is 175'± P-5 8668.09 a ec P ACTtCA'. SOW 'tMts. E CE?1Wnrt EAVCC. Verizon Wireless . 1275 John Street, Suite 100 West Henrietta, NY 14586 Attention: Kathy Pomponio March 21, 2018 RE: NOISE COMPARISON LETTER PROPOSED TELECOMMUNICATIONS FACILITY VERIZON WIRELESS SITE 20130941497 — OKLAHOMA TRACK 233 LAKE AVENUE, CITY OF SARATOGA SPRINGS, SARATOGA COUNTY, NY 12866 TECTONIC W.O. 8668.09 Dear Ms. Pomponio: Tectonic Engineering was asked to provide a noise analysis/comparison letter for the proposed generator that is part of the above referenced project. We obtained noise specifications from the manufacturer Onsite Energy for their proposed standard 20kW outdoor natural gas fueled AC generator. The average sound pressure level for the generator is 64.7 dBA at a reference distance of 210 feet. We understand that consistent with normal Verizon Wireless procedure, absent exigent circumstances, the generator is expectedto run once a week during daytime hours for approximately 45 minutes for routine testing purposes: Sound attenuation for a point source (stationary source) equals a sound level reduction of 6 dBA per doubling of distance between a noise source and a receptor whenthere are no obstructions present between the two elements. Using this information we can deduce the following noise levels that one would anticipate when the equipment is in use: • The nearest property line to the generator is located approximately 125 -feet away; the anticipated noise level at this point would be approximately 503 dBA. • The nearest residence to the generator is located approximately 260 -feet away; the anticipated noise level at this point would be approximately 44.2 dBA. • The nearest business to the generator is located approximately 150 -feet away, the anticipated noise level at this point would be approximately 48.9 dBA. Latham Office 36 British American Boulevard, Suite 101 I Latham, NY 12110 518 7831630 Tel 1 5184783.1544 Fax tectonicengineering.erom Equal Opportunity Employer CAL- o USlCRw,.LXC[PTwuA. tae;a. For comparison purposes, approximate decibel levels for normal conversation equal 60 dBA, for vehicular traffic equal 85 dBA, and for a running lawnmower equal 107 dBA Based on the calculated values for the equipment, the anticipated noise levels will be lower than that experienced for normalconversation at the nearest property line and residence and lower than that experienced for normal conversation at the nearest business, Should you have any questions, please do not hesitate to contact me. Sincerely, TECTONIC ENGINEERING & SURVEYING CONSULTANTS P.C. Steven M. Mafthews, i"EED-AP"" Manager of Engineerin page 2 of 2 i VICINITY MAP DIRECTIONS DIRECTIONS TO SITE FROM TROY, NY: HEAD NORTHEAST ON JORDAN ROAD. IN 0.3± MILES TURN LEFT ONTO US -4N. IN 1.7t MILES TURN LEFT ONTO MORRISON AVENUE. IN 0.4± MILES TURN LEFT ONTO NY -378W. IN 0.4± MILES MERGE ONTO I -787N. IN 2.7± MILES TAKE EXIT 9W TO MERGE ONTO NY -7W. IN 3.3± MILES MERGE ONTO I -87N. IN 23± MILES TAKE EXIT 14 AND MERGE ONTO NY -9P N. IN 0.4± MILES TURN RIGHT ONTO HENNING ROAD. IN 0.9± MILES TURN LEFT ONTO LAKE AVENUE. THE SITE WILL BE ON THE RIGHT. LL •PARTNERSHIP, d/b/a veru • n SITE NAME: OKLAHOMA TRACK RE PROJECT NUMBER: 20130941497 LOCATION CODE: 274152 SITE ADDRESS: MUNICIPALITY: COUNTY: TAX MAP NUMBER: ZONING DISTRICT: STRUCTURE COORDINATES: GROUND ELEVATION: PROPERTY OWNER: APPLICANT: CONTACT PERSON: CONTACT PHONE: 233 LAKE AVENUE SARATOGA SPRINGS, NY 12866 CITY OF SARATOGA SPRINGS SARATOGA 166-4-22.1 INST ED: INSTITUTIONAL/EDUCATIONAL N 4Y 05' 07.05" W 73' 45' 54.22" 313.3'± AMSL NEUMANN BUILDING, LLC 18 DIVISION STREET SARATOGA SPRINGS, NY 12866 VERIZON WIRELESS 1275 JOHN STREET, SUITE 100 WEST HENRIETTA, NY 14586 KATHY POMPONIO (585) 321-5435 PROJECT SUMMARY PROJECT DESCRIPTION THE PROPOSED WORK CONSISTS OF NSTALLING AN EQUIPMENT PLATFORM WITH GENERATOR & CELLULAR ANTENNAS AND ALL RELATED EQUIPMENT ON AN EXISTING ROOFTOP. SHT. NO. DESCRIPTION REV NO REVISION DATE T-1 TITLE SHEET 1 04/30/18 AD -1 ADJOINERS MAP 1 04/30/18 AD -2 ADJOINERS LIST 1 04/30/18 C-1 OVERALL SITE PLAN 1 04/30/18 C -2A ROOF DETAIL PLAN 1 04/30/18 C -2B ROOF DETAIL PLAN 1 04/30/18 C -3A SOUTH BUILDING ELEVATION 1 04/30/18 C-38 EAST BUILDING ELEVATION 1 04/30/18 C-4 PLATFORM & EQUIPMENT ELEVATIONS 1 04/30/18 SHEET INDEX THIS SET OF PLANS SHALL NOT BE UTILIZED AS CONSTRUCTION DOCUMENTS UNTIL ALL ITEMS OF CONCERN HAVE BEEN ADDRESSED AND EACH OF THE DRAWINGS HAS BEEN REVISED AND ISSUED "FOR CONSTRUCTION". Before You Dig, Drill Or Blast! Dig % Safely. New York UNDERGROUND FACILITIES PROTECTIVE ORGANIZATION CALL US TOLL FREE 1-800962-/gn< ho mdustri I code nee 753 requires no less then two working days miaow but not more than ten days notice. DIG SAFELY - NEW YORK verizon ' 1275 JOHN STREET, SUITE 100 WEST HENRIETTA, NY 14586 Tectonic' Tectonic EngineeringPhone: & SurveyingConsultantsP.C. 36 tkilith American Ne . (51$) 783-1'3e Suite 101 LataWee 829-G531 MY 12110 www.tectomcengineering.com WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 03/21/18 FOR COMMENT DO NOT SCALE DRAWINGS FOR ZONING THESE DRAWINGS ARE FORMATTED FOR 22"x34" FULL SIZE AND 11"x17" HALF SIZE. OTHER SIZED VERSIONS ARE NOT PRINTED TO THE SCALE SHOWN. CONTRACTOR SHALL VERIFY ALL PLANS, EXISTING DIMENSIONS & CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. verizon ' 1275 JOHN STREET, SUITE 100 WEST HENRIETTA, NY 14586 Tectonic' Tectonic EngineeringPhone: & SurveyingConsultantsP.C. 36 tkilith American Ne . (51$) 783-1'3e Suite 101 LataWee 829-G531 MY 12110 www.tectomcengineering.com WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 03/21/18 FOR COMMENT 1 04/30/18 FOR ZONING ORIGINAL SIZE IN INCHES RELEASED BY DATE UNAUTHORIZED ALTERATION OR ADDITIONS TO A PLAN BEARING THE SEAL OF A LICENSED ENGINEER OR LAND SURVEYOR IS A VIOLATION OF SECTION 7209 SUBDMSION 2 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS DOCUMENT WRHOI.R A FACSIMILE OF 111E SIGNATURE AND AN ORIGINAL EMBOSSED SEAL OR ORIGINAL STAMP IN BLUE OR RED INK OF THE PROFESSIONAL ENGINEER OR LAND SURVEYOR SHALL NOT BE CONSIDERED VALID COPIES. o 1 2 3 ORIGINAL SIZE IN INCHES SITE INFORMATION OKLAHOMA TRACK RE PN: 20130941497 LC: 274152 SITE ADDRESS 233 LAKE AVENUE CITY OF SARATOGA SPRINGS SARATOGA COUNTY NY 12866 SHEET TITLE TITLE SHEET SHEET NUMBER Ti- 8,0 t;z urw ekcz of NG nix C tri C E WORK ORDER NUMBER U, 2 8 0rere 0 0 U) ce ce 0 in W W Q M N co Co CO CeJ w ADJOINERS MAP w s N I a Cu 0 O Z r ce w Q ui ulZ mwD wN o I-om Q�� Qry a 0 o o w CL 0F= K ¢aa wZ¢ LJ Z O w } aN & 9 rc w a cj = w K w 4 Z JZ J Z >_ <0< H o�=Z W J O = Z Z 000 z FOR COMMENT I FOR ZONING CO 1- N o CO 0 Cl 00 c - 8 0rere 0 0 U) ce ce 0 in W W Q M N co Co CO CeJ w ADJOINERS MAP w s N I a Cu 0 O Z r ce w Q ui ulZ mwD wN o I-om Q�� Qry a 0 o o w CL 0F= K ¢aa wZ¢ LJ Z O w } aN & 9 rc w a cj = w K w 4 Z JZ J Z >_ <0< H o�=Z W J O = Z Z 000 z ID Section -Black -Lot Owner ID Section -Block -Lot Owner ID Section -Block -Lot Owner ■ zo John R. Wagner Jacqueline Perry ■ ID Section -Block -Lot Owner 27 16610-1-33 12 Excelsior Spring Avenue 55 166.14-1-1 2 Schuyler Drive Mason Stoke Neumann Building LLC Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 82 16614-2-10 5 MacArthur Drive Saratoga Springs, NY 12866 1 166-4-22.1 18 Division Street Saratoga Springs, NY 12866 28 166.10-1-32 Robert H. Little 11 Springwood DriveWEST SES 165.14-2-1 Debra McKeever 12 Kenilworth Road 83 166.142-12 Kimberly A. Tarbox 6 Iroquois Drive 1275 JOHN STREET, SUITE 100 HENRIETTA, NY 14586 Missionary Society Saratoga Springs, NY 12866 Mineola, NY 11501 Springs, Saratoga NY 12866 2 166-4-22.2 231 Lake Avenue Saratoga Springs, NY 12866 29 166.10-1-8 Yvette Cortes 14 Springwaod Drive 166.14-2-2 AnthoNY H. Fusina 486 Pineapple Place 84 166.14-3-67 Mary Bridgett Annuli' 1341 Partridge Drive - • Will Paul T. Heiner Saratoga Springs, NY 12866 The Villages, Castleton, NY 12033 ecton i c' FL 32163 3 166.38-2-21 36 Lefferts Street Saratoga Springs, NY 12866 gSaratoga 30 166.10-1-9 David R. Carr 30 Tyler Drive 58 166.142-3 SeanJ Connolly 260 Lake Avenue 85 16614-3-2 2 StanleyJ. Parker 6 Salem Drive Tectonic Engineering & Surveying Consultants P.C. Springs, NY 12866 ��� Slvd. Pilotage C5160763-1630 36 trawl % Darlene G. Newey Saratoga Springs, NY 12866 SaratogaSprings S nn NY 12866 Suite 10 mon 629-6531 JohnNY C. Noble 4 166.39-1-19 38 Lefferts Street Saratoga Springs NY 12866Saratoga 166.10-1-31 10 Excelsior Spring Avenue Springs, NY 12866 59 166.14-2-4 Jean K. Ernst 262 Lake Avenue 86 166.14-3-5 Elwood John Nicholson 5 Salem Drive onve.te�nicenglneering.con, Aronson Irrevocable Trust Alan T. Cherubin Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 WORK ORDER NUMBER DRAWN BY 5 166.39-1-18 1 28 Forest Avenue 32 166.10-1-30 9 Springwood Drive Elizabeth Anne Bokan 8668.09 TJW Joel M. Paradee Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 60 166.14-2-5 266 Lake Avenue 87 166.14-1-4 8800 Montgomery Avenue NO. DATE ISSUE James M. Morrell Katherine H. Gulisane Saratoga Springs, NY 12866 Wyndmoor, PA 19038 0 03/21/18 FOR COMMENT Toni N. Browning 6 166.39 1 17 16 Victoria Lane Saratoga Springs. NY 12866 33 166.104-10 6503 Smith Circle Volans, NY 12184 6i 166.14-2-6 William N. Ieakakos Drive 88 166.14-2-70 7 Schuyler Drive 1 04/30/18 FOR ZONING 2lroquois Chase P. Twichell Joseph R. Chiddo Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 7 166.39-1-16 14 Victoria Lane Saratoga Springs, NY 12866 34 166.10-1-11 22 Oakland Drive Saratoga Springs, NY 12866 Megan J. Bethel 89 166.14-2-68 Gordon H. Sanders 8 Benton Drive Dorothy E. Hill 52 166.14-3-1.1 1 Iroquois Drive Jeffrey G. Altamari Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 35 166.10-2-24 17 Vanbom Street Ps Tang 8 166.39-1-20 10 Victoria Lane Saratoga Springs, NY 12866 Robert E. Eckardt 90 166.14-2-66 9 Benton Drive Saratoga Springs, NY 12866 Richard Napie 63 166.143-2.11 274 take Avenue Saratoga Springs, NY 12866 Ronald C Holgate g 36 166.10-1-28 7 Springwood Drive Saratoga Springs NY 12866 Helen R. Price 9 166.39-143 8 Victoria Lane Saratoga Springs, NY 12866 Mary K. Pitney 91 166.14-2-14 8 MacArthur Drive Saratoga Springs, NY 12866 Timothy P. McKinsey 64 166.14-3-3 1 Salem Drive Saratoga Springs, NY 12866 9 Mchleary 37 166.10-1-12 10 Springwood Drive Saratoga Springs, NY 12866 Angeline LaBelle 10 16639-1-12 6 Victoria Lane Saratoga Springs, NY 12866 Adrienne I Caruso 92 166.14-2-13 Saratoga Springs, NY 12866 Daniel Thomas Connor 65 166.14-3-77 280 Lake Avenue 7 MacArthur Drive Saratoga Springs, NY 12866 38 166.10-1-13 9 Oakland Drive Carlton L DeBrule Saratoga Springs, NY 12866 Marilyn H. Kucera 11 Saratoga Springs, NY 12866 Mary K. Lambert 166.39-1-11 4 Victoria Lane Paul A. Fogle 93 166.14-2-17 376 Ocean Avenue Saratoga Springs, NY 12866 39 166.10-1-27 6 Excelsior Spring Avenue 66 166.14-3-9 284 Lake Avenue Revere, MA 02151 RELEASED BY DATE Matthew J. Jones Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Stephen E Bardsley 12 166.39-1-9 2 Victoria lane Brooke E. Leigton 94 16614-3-66 9 Scott Drive David P. Mangini 67 166.14-1-2 4 Schuyler Drive Malta, NY 12020 Saratoga Springs, NY 12866 40 166.10-1-26 5 Springwood Drive Michael M. Mulholland Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Eugene J. Martin 13 166.39-1-10 11 Excelsior Spring Avenue Richard Garretts Bonnie L. Wasson 95 166.14-3-65 8 Salem Drive Saratoga Springs, NY 12866 41 166.10-1-14 8 Springwood Drive 68 166.14-2-75 3 Schuyler Drive Saratoga Springs, NY 12866 William Rafanielio Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Elizabeth A. Pastecki �"�.,.N•"sfgS p`a 14 166.39 -1 -Li 35 Lefferts Street David R. Carr Nedra R. Stim fle P 96 166.14-1-5 12 Schuyler Drive Y y. ; -"* yam} t; " Saratoga Springs, NY 12866 42 166.10-1-15 7 Oakland Drve 69 166.14-2-73 4 Benton Drive Saratoga Springs, NY 12866 j} yam- „ } Thomas H. Curry Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Stephen John Zabala ; 15 166.34-1-1.2 37 Lefferts Street Saratoga Springs, NY 12866 43 16610-1-25 Barbara C. Parrish 4 Excelsior Spring Avenue 70 166.14-2-72 Ruth L CallahanSchuyler 3 Benton Drive 97 166.14-2-69 9 Schu Yi Drive Saratoga Springs, NY 12866 ` 3 G Q4mo 0tr O Lynne Knauf Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Lois E. VanWagner `11102-r^ 16 166.39-1-2 39 Lefferts Street Saratoga Springs, NY 12866 44 166.10-1-24 Lena Geandreau 3 Springwood Drive 71 166.14-2-8 Diana M. Murphy 4 MacArthur Drive 98 166.14-2-65 10 Benton Drive Saratoga Springs, NY 12866 Springs, NY 12866 Saratoga Springs, NY 12866 James A. John H. Burger Murphy Jane 17 166.39-1-21 18 Victoria Lane Saratoga Springs, NY 12866 45 166.10.1-16 Joseph P. Holloway 6 Springwood Drive 72 166.14-2-7 Griffin 3 MacArthur Drive Saratoga Springs, NY 12866 99 166.14-2-61 11 Benton Drive Saratoga Springs, NY 12866 UNAUTHORIZED ALTERATION OR AODmONS TO A PLAN BEARING THE SEAL OF A LICENSED ENGINEER OR LAND SURVEYOR ISA VIOLATION OF SECTION 7209 Cityof Saratoga Springs Saratoga Springs, NY 12866 SUBDMSION 2 OF THE NEW YORK STATE EDUCATION gRussell D. Gleselman Paula Costanza Gregg A. Decker LAW. 18 1664-25.1 474 Broadway Saratoga Springs, NY 12866 46 166.10-1-17 5 Oakland Drive 73 166.14-2-11 76 Grand Central Avenue Amityville, NY 11701 100 166.14-2-15 10 MacArthur Drive Saratoga Springs, NY 12866 COPIES OF THIS DOCUMENT W(IHOUT A FACSIMILE OF THE SIGNATURE AND AN ORIGINAL EMBOSSED SEAL OR ORIGINAL STAMP IN BLUE OR RED INK OF Saratoga Springs, NY 12866 THE PROFESSIONAL ENGINEER OR LVID SURVEYOR Ten Springs, LLC Thomas Ft Walsh John E. TVtadkour Mary Stengel SHALL NOT BE CONSIDERED VALID COPIES. 1.9 166-4-25.2 116 Caroline Street 47 166.10-1-23 2 Excelsior Spring Avenue 74 16514-3-12 3 Iroquois Drive 101 166.14-2-16 9 MacArthur Drive o 1 2 a Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 Amityville, NY 11701 i Joan Healy Veitch Judith P. Gibney Kevin M. Dooley ORIGINAL SIZE IN INCHES 20 16639-1-4 5 Victoria Lane June A. 75 166.14-3-2.12 4 Salem Drive SITE INFORMATION Saratoga Springs, NY 12866 48 16610.1-22 1 Springwood Drive Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 102 166.14-2-18 10 Iroquois Drive Saratoga Springs, NY 12866 OKLAHOMA TRACK 21 166.39-1-5 Derrick Wurl 3 Victoria lane Saratoga Springs, NY 12866 49 166.10-1-18 Jennifer Dalton 4 Springwood Drive 76 166.14-3-4 Rosario Sanfilippo 3 Salem Drive Saratoga Springs, NY 12866 103 166.14-3-64 Hugh B. Hollowood 9 Iroquois Drive RE PN: 20130941497 Saratoga Springs, NY 12866 Saratoga Springs, NY 12866 LC: 274152 Mark E Fingal Joseph E Tamburrino Christina M. Brown 22 166.39-1-18 1 Victoria Lane 77 166.141-3 6 Schuyler Drive Dominick Marchesiello SITE ADDRESS Saratoga Springs, NY 12866 50 166.10-1-19 1 Oakland Drive Saratoga Springs, NY 12866 104 166.14-31-6 14 Schuyler Drive LAKE Saratoga Springs, NY 12866 233 AVENUE David F. Wirtheim Saratoga Springs, NY 12866 Emily Thomas 23 166.39-1-7 17 Excelsior Spring AvenueRegina Saratoga Springs, NY 12866 51 166.10-1-21 Robert Walton 2 Springwood Drive 78 16614-2-74 5 Schuyler Drive Saratoga Springs, NY 12866 105 166.14-2-64 Ballard M.CITY 11 Schuyler Drive OF SARATOGA SPRINGS Saratoga Springs, NY 12866 Catherine White Berheide Saratoga Springs, NY 12866 SARATOGA COUNTY Lawrence S. Levine 24 166.3°-1-6.1 19 Excelsior Spring Avenue Saratoga Springs, NY 12866 52 166.10-1-20 John J. Bums 472 Essex Street 79 166.14-2-71 6 Benton Drive Saratoga Springs, NY 12866 106 166.14-2-62 Richard Hackert 12 Benton Drive NY 12866 Weymouth, MA 02188 Joan Healy Saratoga Springs, NY SHEET TITLE Paul R. Sattler 12866 Missionary Society 25 166.10-1-6 2 5 Victoria lane 80 16614-2-67 5-7 Benton Drive Kevin J. Reed Saratoga Springs, NY 12866 53 1664-22.3 231 Lake Avenue Saratoga Springs, NY 12866 107 166.14-2-63 13 Schuyler Drive ADJOINERS LIST Carol Richmond Saratoga Springs, NY 12866 Enlarged City School Olivia K. Laboda Saratoga Springs, NY 12866 26 166.10-1-7 61 County Hwy - Route 70 Stillwater NY 12170 54 166.13-1-11 3 Blue Streak Boulevard 81 166.14-2-9 40 Fieldstone Drive Gansevoort, NY 12831 Saratoga Springs, NY 12866 SHEET NUMBER A®®2 1 ADJOINERS LIST AD -2 SCALE NTS N 1 1 610 I i ®- meneamoszeo so APPROXIMATE LOCATION OF EXISTING ADJACENT PROPERTY LINE (TYP) APPROXIMATE LOCATION OF EXISTING PROPERTY LINE EXISTING TREELINE (TYP) 1 I I 1 I • • • • / • 1 1 1 . EXISTING GRASS.. • AREA (TYP) EXISTING BUILDING (TYP) 1 1 Me see SEE SHEET C -2A FOR DETAIL ROOF PLAN sal Olt EXISTING PARKING AREA (TYP) PROPOSED VERIZON WIRELESS 10.2'x23.3' (238 SF) EQUIPMENT LEASE AREA FOR ALPHA SECTOR ANTENNAS ',lc' �. ,/• • . P a a - PROPOSED VERIZON WIRELESS 10.2'x24.5' (250 SF) EQUIPMENT LEASE AREA FOR BETA & GAMMA SECTOR ANTENNAS SEE SHEET C-28 FOR DETAIL ROOF PLAN PROPOSED VERIZON WIRELESS 20' WIDE ACCESS EASEMENT • 1 1 PROPOSED VERIZON WIRELESS 16.5'x20' (330 SF) EQUIPMENT PLATFORM LEASE AREA, NOTE: EXISTING SIDEWALK (TYP) LAKE AVENUE - COUNTY ROAD 29 THE PROPERTY LINES HEREON ARE APPROXIMATE BASED ON GIS DATA AND ARE FOR ORIENTATION PURPOSES ONLY. THEY DO NOT REPRESENT A PROPERTY/BOUNDARY DECISION BY A LAND SURVEYOR. OVERALL SITE PLAN SCALE 1 = 100' (11x17 SIZE) 1 = 50 (22x34 SIZE) yerizon' 1275 JOHN STREET, SUITE 100 WEST HENRIETTA, NY 14586 Tectonic' PRACTICAL 30111110131.113=r10110.1.MVICI. Tectonic Engineering 96 Surveying Consultants P.C. 36 RAII0ry a..an AAO. Phone (510) 713-1630 500A 101 10001029-6531 Latham. www.tectonkengineering.com WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 03/21/18 FOR COMMENT 1 04/30/18 FOR ZONING ORIGINAL SIZE IN INCHES RELEASED BY DATE UNAUTHORIZED ALTERATION OR ADDITIONS TO A PLAN BEARING THE SEAL OF A LICENSED ENGINEER OR LAND SURVEYOR IS A VIOLATION OF SECOON 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS DOCUMENT WITHOUT A FACSIMILE OF THE SIGNATURE AND AN ORIGINAL EMBOSSED SEAL OR ORIGINAL STAMP IN BLUE OR RED INK OF THE PROFESSIONAL ENGINEER OR LAND SURVEYOR SHALL NOT BE CONSIDERED VALID COPIES. 0 i 2 3 i ORIGINAL SIZE IN INCHES SITE INFORMATION OKLAHOMA TRACK RE PN: 20130941497 LC: 274152 SITE ADDRESS 233 LAKE AVENUE CITY OF SARATOGA SPRINGS SARATOGA COUNTY NY 12866 SHEET TITLE OVERALL SITE PLAN SHEET NUMBER Cl- N EXISTING ABANDONED CHIMNEY PROPOSED POWER, FIBER, GROUND, & NATURAL GAS CONDUITS ROUTED IN ABANDONED CHIMNEY TO GROUND FLOOR ELECTRICAL ROOM EXISTING PENTHOUSE PROPOSED VERIZON WIRELESS 10.2'x24.5' ANTENNA CONCEALMENT WALL (TYP) PROPOSED LOCATION FOR RELOCATED PENTHOUSE ROOF ACCESS LADDER PROPOSED VERIZON WIRELESS GAMMA SECTOR PANEL ANTENNA WITH ASSOCIATED EQUIPMENT PROPOSED VERIZON WIRELESS BETA SECTOR PANEL ANTENNA WITH ASSOCIATED EQUIPMENT EXISTING PENTHOUSE ROOF ACCESS LADDER TO BE RELOCATED TO WEST WALL OF PENTHOUSE EXISTING BUILDING (TYP) /A /i Ai / MATCHLINE EXISTING CHIMNEY A LOW ROOF (TYP) EXISTING HVAC UNIT (TYP) EXISTING VENT (TYP) r i. All L_-- ,_3 L-- 1-47 L„; 0 PROPOSED VERIZON WIRELESS CABLE TRAY EXISTING PIPE (TYP) r EXISTING ROOF ACCESS DOOR EXISTING 7' TALL PARAPET PROPOSED LESSEE VERTICAL CABLE TRAY -7 PROPOSED VERIZON WIRELESS HYBRIF1 FX CABLES ROUTED FROM PLATFORM TO BETA & GAMMA SECTORS IN PROPOSED COVERED CABLE TRAY Ai le At PROPOSED VERIZON WIRELESS OW UNIT (TYP) PROPOSED VERIZON WIRELESS NATURAL GAS GENERATOR EXISTING 9' TALL PARAPET PROPOSED VERIZON WIRELESS NON -PENETRATING 11.5'Wx16'Lx10.5'H EQUIPMENT PLATFORM PROPOSED POWER, FIBER, GROUND, & NATURAL GAS CONDUITS ROUTED ON ROOF IN COVERED CABLE TRAY Before You Dig, Drill Or Blast! Dig Safely. New York UNDERGROUND FACILITIES PROTECTIVE ORGANZATION CALL US TOLL FREE 1.8D0.9E2-7962 NY Inaldrial ad, Se 753 nequftes no les than too DIG SAFELY - NEW YORK PROPOSED VERIZON WIRELESS EQUIPMENT CABINET (TYP) ROOF DETAIL PLAN SCALE: 1' = 20' (11x17 SIZE) 1 = 10' (22x34 SIZE) PROPOSED HYBRIFLEX CABLE ROUTED FROM PLATFORM TO ALPHA SECTOR IN PROPOSED COVERED CABLE TRAY z x yerizon" 1275 JOHN STREET, SUITE 100 WEST HENRIETA, NY 14586 Tectonic' Tectonic Engineering & Surveying Consultants P.C. e&d. Pt...:(nq 7a31630 n (tool av-t laaw www.tettanicengineeringtom WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 • CONTRACTOR SHALL NOTIFY UNDERGROUND FACILITIES PROTECTIVE ORGANIZATION AT TELEPHONE NUMBER 1-800-962-7962 PRIOR TO EXCAVATION AT SITE • CONTRACTOR TO LOCATE AND VERIFY ALL EXISTING UNDERGROUND UTILITIES PRIOR TO EXCAVATION • ALL EXCAVATION WORK WITHIN 3C OF EITHER SIDE OF UNDERGROUND UTILITIES MUST BE DONE BY HAND EXCAVATION METHODS FOR COMMENT PROPOSED VERIZON WIRELESS EQUIPMENT CABINET (TYP) ROOF DETAIL PLAN SCALE: 1' = 20' (11x17 SIZE) 1 = 10' (22x34 SIZE) PROPOSED HYBRIFLEX CABLE ROUTED FROM PLATFORM TO ALPHA SECTOR IN PROPOSED COVERED CABLE TRAY z x yerizon" 1275 JOHN STREET, SUITE 100 WEST HENRIETA, NY 14586 Tectonic' Tectonic Engineering & Surveying Consultants P.C. e&d. Pt...:(nq 7a31630 n (tool av-t laaw www.tettanicengineeringtom WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 03/21/18 FOR COMMENT 1 04/30/18 FOR ZONING ORIGINAL SIZE IN INCHES RELEASED BY DATE UNAUTHORIZED ALTERATION DR ADDITIONS TO A PLAN BEARING THE SEAL OF A LICENSED ENGINEER OR LAND SURVEYOR IS A VIOLATION OF SECTION 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS DOCUMENT WITHOUT A FACSIMILE OF THE SIGNATURE AND AN ORIGINAL EMBOSSED SEAL OR ORIGINAL STAMP IN BLUE OR RED INK OF THE PROFESSIONAL ENGINEER OR UWD SURVEYOR SHALL NOT BE CONSIDERED VALID COPIES. o 1 2 3 C 2A muMIm a. ORIGINAL SIZE IN INCHES SETS INFORMATION OKLAHOMA TRACK RE PN: 20130941497 LC: 274152 SITE ADDRESS 233 LAKE AVENUE CITY OF SARATOGA SPRINGS SARATOGA COUNTY NY 12866 SHEET THIE ROOF DETAIL PLAN SHEET NUMBER C 2A N z 7.1 -a T I 1 1 11 rI /r ! / EXISTING BUILDING (TYP) EXISTING PENTHOUSE PROPOSED VERIZON WIRELESS 10.2'x23.3' ANTENNA CONCEALMENT WALL (TYP) PROPOSED LESSEE ALPHA SECTOR PANEL ANTENNA & ASSOCIATED EQUIPMENT (TYP) PROPOSED VERIZON WIRELESS VERTICAL CABLE TRAY LOW ROOF (TYP) 1 11. 1t i I FT -1I II ! ' I1 1 w z J U Before You Dig, Drill Or Blast! Dig Safely. New York UNDERGROUND FACILITIES PROTECTIVE ORGANIZATION CALL US TOLL FREE 1d00i62-7962 NY .am,vw•��emnotmPa ten mPan n1: DIG SAFELY — NEW YORK EXISTING PIPE (TYP) PROPOSED HYBRIFLEX CABLE ROUTED FROM PLATFORM TO ALPHA SECTOR IN PROPOSED COVERED CABLE TRAY ROOF DETAIL PLAN SCALE 1" = 20' 11x17 SIZE) = 10' (22x34 SIZE) EXISTING ROOF ACCESS DOOR EXISTING PENTHOUSE ROOF ACCESS LADDER EXISTING VENT (TYP) ii? 141 EXISTING CHIMNEY (TYP) EXISTING HVAC UNIT (TYP) ver zon1 1275 JOHN STREET. SURE 100 WEST HENRIETTA, NY 14586 Tectonic' Tectonic Engineering Et Surveying Consultants P.C. 36 British Ammetam aheL Phone: (5110 703-1630 Suitor 101 Latham.NY1211e (BOO) 129-6531 www.tectonicenglneering.com WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 • CONTRACTOR SHALL NOTIFY UNDERGROUND FACILITIES PROTECTIVE ORGANIZATION AT TELEPHONE NUMBER 1-800-962-7962 PRIOR TO EXCAVATION AT SITE • CONTRACTOR TD LOCATE AND VERIFY ALL EXISTING UNDERGROUND UTILITIES PRIOR TO EXCAVATION • ALL EXCAVATION WORK WITHIN 36. OF EITHER SIDE OF UNDERGROUND UTILITIES MUST BE DONE BY HAND EXCAVATION METHODS FOR COMMENT EXISTING PIPE (TYP) PROPOSED HYBRIFLEX CABLE ROUTED FROM PLATFORM TO ALPHA SECTOR IN PROPOSED COVERED CABLE TRAY ROOF DETAIL PLAN SCALE 1" = 20' 11x17 SIZE) = 10' (22x34 SIZE) EXISTING ROOF ACCESS DOOR EXISTING PENTHOUSE ROOF ACCESS LADDER EXISTING VENT (TYP) ii? 141 EXISTING CHIMNEY (TYP) EXISTING HVAC UNIT (TYP) ver zon1 1275 JOHN STREET. SURE 100 WEST HENRIETTA, NY 14586 Tectonic' Tectonic Engineering Et Surveying Consultants P.C. 36 British Ammetam aheL Phone: (5110 703-1630 Suitor 101 Latham.NY1211e (BOO) 129-6531 www.tectonicenglneering.com WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 03/21/18 FOR COMMENT 1 04/30/18 FOR ZONING ORIGINAL SIZE IN INCHES RELEASED BY DATE UNAUTHORIZED ALTERATION OR ADOIDONS TO A PLAN BEARING THE SEAL OF A LICENSED ENGINEER OR LAND SURVEYOR IS A VIOLATION OF SECTION 7209 SUBDRSION 2 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS DOCUMENT WITHOUT A FACSIMILE OF THE SIGNATURE AND AN ORIGINAL EMBOSSED SEAL OR ORIGINAL STAMP IN BLUE OR RED INK OF THE PROFESSIONAL ENGINEER OR LAND SURVEYOR SHALL NOT SE CONSIDERED VALID COPIES. 0 1 2 3 NO MS In NI ORIGINAL SIZE IN INCHES SITE INFORMATION OKLAHOMA TRACK RE PN: 20130941497 LC: 274152 SITE ADDRESS 233 LAKE AVENUE CITY OF SARATOGA SPRINGS SARATOGA COUNTY NY 12866 SHEET TITLE ROOF DETAIL PLAN SHEET NUMBER C 2B PROPOSED VERIZON WIRELESS GAMMA SECTOR PANEL ANTENNA (TYP) P OF PROPOSED SCREENING 2 f Z WIRELESS ANTE Z 0 N .5't Q PROPOSED (STING PENTHOUSE I21 0 EL II • • 4 PROPOSED VERIZON WIRELESS BETA SECTOR PANEL ANTENNA (TYP) PROPOSED VERIZON WIRELESS ANTENNA CONCEALMENT WALL PROPOSED VERIZON WIRELESS VERTICAL CABLE TRAY EXISTING PENTHOUSE — EXISTING BUILDING EXISTING PARAPET PROPOSED VERIZON WIRELESS 11.5'WX16'LX10.5.H EQUIPMENT PLATFORM .-11-11911 • Panr 4. 4 _ -- — - __ — —_ • 0 O cc T, Ott TOP OF E 1 — ,1 \\\\\'\• iltt./i/ L k =1,1=C1 Hyl • • •• # it I -- T Jr T..._ • __ t :T))1L 1 \ VM II %_v. %i% — „\ i is ;_ _ v r %-................................. \\\:0V 11 _ I .I '____ 3 ___ 3 =L• I I it •- 1 L — • :1 EXISTING GRADE SOUTH BUILDING ELEVATION SCALE: - = 0' (1x 7 SZE) = 5 (22x34 SIZE) verizon" 1275 JOHN STREET, SUITE 100 WEST HENRIETTA, NY 14586 Tectonic' l/710S. coarmaluzionemor. Tectonic Engineering B Surveying Comitants P.0 36 Britials American WA. Pinot suite 101 (e00)e29-5531 NV Irmo Latham www_tectonicengineering.com WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 03/ 1/18 FOR COMMENT 1 04/30/18 FOR ZONING ORIGINAL SIZE IN INCHES RELEASED BY DATE UNAUTHORIZED ALTERATION OR ADDIRONS TO A PLAN BEARING THE SEAL OF A LICENSED ENGNEER DR LAND SURVEYOR IS A VIOLATION OF SECTION 7209 SUBDMSION 2 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS DOCUMENT WITHOUT A FACSIMILE OF THE SIGNATURE AND AN ORIGINAL EMBOSSED SEAL DR ORIGINAL STAMP IN BLUE OR RED INK OF THE PROFESSIONAL ENGINEER OR LAND SURVEYOR SHALL NOT BE CONSIDERED VALID COPIES. 0 1 2 3 ORIGINAL SIZE IN INCHES SITE INFORMATION OKLAHOMA TRACK RE PN: 20130941497 LC: 274152 SITE ADDRESS 233 LAKE AVENUE CITY OF SARATOGA SPRINGS SARATOGA COUNTY NY 12866 SHEET TITLE _ SOUTH BUILDING ELEVATION SHEET NUMBER t C 3 D SCREENING TOP OF PROPO H a V l EXISTING ACCESS LADDER ESS ANTENNA ERIZON WIR H- S G OVERALL HE U, w M TRUCTURE 0 z L7 Z In LJ N LU 0.51± TOP OF EXISTING PENTHOU STING ROOF W 0 0_ II O • • • • PROPOSED VERIZON WIRELESS ALPHA SECTOR PANEL ANTENNA (TYP) EXISTING CHIMNEY (BEYOND) PROPOSED VERIZON WIRELESS ANTENNA CONCEALMENT WALL EXISTING PENTHOUSE • .-,--_,: • • • --• .. _ =,i k_ Om EN - i - I i I I_ L.�._ ..._ , • • -_ - ' , • :--2 I 2-71-="477-7-7." I • • • • L— TT j EXISTING BUILDING • • -I EXISTING GRADE EAST BUILDING ELEVATION SCALE: T - 10' (1 17 SIZE) r = 5' (22x34 SIZE) yerizon1 1275 JOHN STREET, SUITE 100 WEST HENRIETTA, NY 14586 Tectonic p Tectonic Engineering & Surveying Consultants P.0 tirilish .. Set Phe.,. IS1q 783-1630 lsoG)aZ9-5531 laemn. M' 1x110 www.tedbonicerogineering.com WORK ORDER NUMBER DRAWN BY 8668 09 NO. DATE ISSUE TJW 0 03/21/18 FOR COMMENT 1 04/30/18 FOR ZONING ORIGINAL SIZE IN INCHES RELEASED BY DATE UNAUTHORIZED ALTERATION OR ADDMONS TO A PIAN BEARING THE SEAL OF A UCENSED ENGINEER OR LAND SURVEYOR IS A VIOLATION OF SECTION 7209 SUBDMSION 2 OF THE NEW YORK STATE EDUCATKIN LAW. COPES OF THIS DOCUMENT WITHOUT A FACSIMILE OF THE SIGNATURE AND AN ORIGINAL EMBOSSED SEAL OR ORIGINAL STAMP IN BLUE OR RED INK OF THE PROFESSIONAL ENGINEER OR LAND SURVEYOR SHALL NOT BE CONSIDERED VAUD COPIES. 0 1 2 3 ORIGINAL SIZE IN INCHES SITE INFORMATION OKLAHOMA TRACK RE PN: 20130941497 LC: 274152 SITE ADDRESS 233 LAKE AVENUE CITY OF SARATOGA SPRINGS SARATOGA COUNTY NY 12866 SHEET TITLE ELEVATION, ANTENNA ORIENTATION & RF INFO SHEET NUMBER C1 -3B — PROPOSED VERIZON WIRELESS OVP UNIT (QTY TBD) CANOPY PROPOSED VERIZON WIRELESS NATURAL GAS GENERATOR PROPOSED VERIZON WIRELESS EQUIPMENT CABINET (TYP) LIGHT FIXTURE (TYP) h • TIMER SWITCH 2 W IN WIG --- • PROPOSED STAIRS CANOPY PROPOSED VERIZON WIRELESS NATURAL GAS GENERATOR EXISTING T/ROOF 2 PROPOSED FOLD—DOWN LAPTOP TRAY EXISTING T/ROOF FRONT ELEVATION SCALE: 1/4• = 1'-0• 1/2' = i'-0• PROPOSED VERIZON WIRELESS EQUIPMENT CABINET (TYP) PROPOSED VERIZON WIRELESS OVP UNIT (QTY TBD) PROPOSED VERIZON WIRELESS 200A INTEGRATED LOAD CENTER PROPOSED VERIZON WIRELESS TELCO BOX PROPOSED 11'-6"x16' EQUIPMENT PLATFORM LIGHT FIXTURE (TYP) PROPOSED VERIZON WIRELESS 200A INTEGRATED LOAD CENTER PROPOSED VERIZON WIRELESS TELCO BOX PROPOSED FIRE PROPOSED EXTINGUISHER BOX GROUND BAR SIDE ELEVATION SCALE: 1/4" = 1'-0• 1/2 = PROPOSED STAIRS PROPOSED 11'-6"x16'-0" EQUIPMENT PLATFORM 2 PROPOSED VERIZON WIRELESS 200A INTEGRATED LOAD CENTER 2 PROPOSED VERIZON WIRELESS NATURAL GAS GENERATOR PROPOSED VERIZON WIRELESS OW UNIT (QTY TBD) LIGHT FIXTURE (TYP) PROPOSED VERIZON WIRELESS EQUIPMENT CABINET (TYP) CANOPY MEM PROPOSED STEEL PIPE RAILING PROPOSED FOLD—DOWN LAPTOP TRAY PROPOSED VERIZON WIRELESS 200A INTEGRATED LOAD CENTER TIMER SWITCH PROPOSED VERIZON WIRELESS TELCO BOX PROPOSED STAIRS 2 PROPOSED 11'-6"x16'-0" EQUIPMENT PLATFORM REAR ELEVATION SCALE: 1/4• 1/2- = i'-0• • PROPOSED FIRE EXTINGUISHER BOX LIGHT FIXTURE (TYP) • O O Star SIDE ELEVATION SCALE: 1/4• = 1/Y = 1'—O• C 2 EXISTING T/ROOF CANOPY PROPOSED VERIZON WIRELESS NATURAL GAS GENERATOR PROPOSED FIRE EXTINGUISHER BOX PROPOSED STEEL PIPE RAILING EXISTING T/ROOF PROPOSED 11'-6"x16'-0" EQUIPMENT PLATFORM 2 verizon" 1275 JOHN STREET. SUITE 100 WEST HENRIETTA. NY 14586 Tectonic' Tectonic Engineering & Surveying Consultants P.C. IS111.1-110. Amnion Sled Phone. (SIB) 783-1630 Suite 101 WOO) aZ9-6531 12110 Latham. NY www.tectonicengi)reoringcom WORK ORDER NUMBER DRAWN BY 8668.09 NO. DATE ISSUE TJW 0 03/21/18 FOR COMMENT 1 04/30/18 FOR ZONING 1 2 3 RELEASED BY DATE UNAUTHORIZED ALTERATION OR ADDITIONS TO A PLAN BEARING THE SEAL OF A LICENSED ENGINEER OR LAND SURVEYOR IS A VIOLATION OF SECTION 7209 SUBDMSION 2 OF THE NEW YORK STATE EDUCATION LAW. COPES OF THIS DOCUMENT WITHOUT A FACSIMILE OF THE SIGNATURE AND AN ORIGINAL EMBOSSED SEAL OR ORIGINAL STAMP IN BLUE OR RED NK OF ' THE PROFESSIONAL ENGINEER DR LAND SURVEYOR SHALL NOT BE CONSIDERED VALID COPIES. o 1 2 3 ORIGINAL SIZE IN INCHES SITE INFORMATION OKLAHOMA TRACK RE PN: 20130941497 LC: 274152 SITE ADDRESS 233 LAKE AVENUE CITY OF SARATOGA SPRINGS SARATOGA COUNTY NY 12866 SHEET TITLE PLATFORM & EQUIPMENT ELEVATIONS SHEET NUMBER C-4