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20190663 Hampton Inn Cell Facility Application
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 Turf Parillo, LLC 25 Lake Avenue City of Saratoga Springs,Saratoga County,New York Section 165.52, Block 4,Lot 46.1 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 AiroSmith Development Inc. Sara Colman,Site Acquisition Specialist 32 Clinton Street Saratoga Springs, New York 12866 (518) 461-7114 Young/Sommer LLC David C. Brennan,Esq. Executive Woods Five Palisades Drive Albany, New York 12205 (518) 438-9907 Dated: June 28,2019 CITY OF SARATOGA SPRINGS I i - DESIGN REVIEW COMMISSION 9 cri City Hall -474 Broadway r `}pry Saratoga Springs, New York 12866 Tel:518-587-3550 x25 15 fax:518-580-9480 www.saratoga-springs.org INSTRUCTIONS ARCHITECTURAL/ HISTORIC REVIEW APPLICATION I. ELIGIBILITY:An applicant to the Design Review Commission for Architectural Review or Historic Review must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure that an application is complete. The DRC will on/y consider properly completed applications that contain 1 original and 1 digital version of the application and ALL other required materials as indicated on the application. HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED!! 3. ACTIONS REQUIRING REVIEW: Architectural Review District Historic Review District • any exterior changes that require a building permit • Installation or exterior change to a structure requiring a • any change in exterior building materials building or demolition permit • a new, or change to an existing, sign or sign structure • any material change to exterior of a structure including: • demolition of a structure - addition or removal of exterior architectural features - installation, removal or material changes to exterior building elements such as roof, siding, windows, doors, Within a non-residential zoning district: • a change in exterior building color porches, etc. • installation of an awning - enclosure or screening or buildings openings such as windows, doors, porches, etc. - installation of utility, mechanical or misc. accessory structures to the exterior of a building such as HVAC equipment, solar panels,wind turbines, radio/satellite transmission/reception devices, etc. • Within a front yard setback: - installation, removal or material changes to drive- or walkways - installation or removal of architectural, sculptural or vegetative screening that exceeds 3' in height - installation of accessory utility structures or radio/satellite transmission/reception devices over 2' in diameter • a change in exterior building color within a non- residential zoning district • a new, or change to an existing, sign or awning • installation of telecommunications facilities Note— Ordinary maintenance or repair that does not involve a change in material, design or outer appearance is exempt from Historic or Architectural Review. Revised 01/2019 4. DESIGN GUIDELINES: The Design Review Commission will evaluate whether the proposed action (construction, alteration or demolition) is compatible with existing structures and surrounding properties using the following criteria: • Height—consistent with historic form and context of site and surrounding properties • Scale— relationship of structure and its architectural elements to human size, form, perception • Proportion — relationship among building elements including front façade, windows, and doors • Rhythm — pattern resulting from repeating building elements such as door/window openings, columns, arches, and other façade elements • Directional Expression —compatibility with horizontal &vertical expression of surrounding structures • Massing & Open Space— relationship of structure to open space between it and adjoining buildings • Setback—compatibility with surrounding structures • Compatibility of the following with surrounding structures/properties: - Major building elements (storefronts, doors, windows, roof) - Building materials - Color— (in non-residential zoning districts only) 5. DECISIONS:The Design Review Commission may approve, approve with conditions, or disapprove an application. The DRC may impose appropriate conditions and safeguards in connection with its approval including nature/quality of materials, manner of construction, and design. An applicant may appeal a denied DRC application on the grounds of hardship. Application approvals shall expire within 18 months of approval unless the project has sufficiently commenced (i.e. building/demolition permits obtained and construction/alteration begun). Applicants may request up to 2 extensions if requested before expiration date of prior approval. 6. SUBMISSION DEADLINE: Check City's website (www.saratoga-springs.org) for application deadlines and meeting dates. 7. APPLICATION FEE: Make checks payable to the "Commissioner of Finance" and attach to top of original application. Fees are non-refundable. Demolition $350 Residential Structures (principal, accessory) $50 Residential approval —extension/modification $50 Non-residential/ mixed-use structures (principal) $500 Non-residential/mixed-use extension/modification $300 Non-residential/ mixed-use structures (sketch) $150 Non-residential signs, awnings, accessory structures $125 Non-residential approval —extension/modification $125 ADDITIONAL INFORMATION: More detailed information on Architectural Review, Historic Review and the Design Review Commission responsibilities may be found in the City's Zoning Ordinance available in City Hall and on the City's web site at htte://www.sarato:a-serin:s.or: 544/Zonin:-Ordinance. Revised 01/2019 FOR OFFICE USE] Kr 0 G4 CITY OF SARATOGA SPRINGS i .�`r DESIGN REVIEW COMMISSION 9 ❑ (Application#) City Hall -474 Broadway `; ry Saratoga Springs, New York 12866 °Ripon Tel:518-587-3550 x.5 15 fax:518-580-9480 (Date received) www.saratoga-springs.org ARCHITECTURAL/ HISTORIC REVIEW APPLICATION APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT Name Cellco Partnership d/b/a Verizon Wirele Turf Parillo, LLC David C. Brennan, Esq. Address 1275 John St, Suite 100 792 Watervliet Shaker Rd 5 Palisades Dr, Suite 300 West Henrietta NY 14586 Latham NY 12110 Albany NY 12205 Phone 585-321-5435 / / 518-438-9907/ 518-438-9914 fax Email kathy.pomponio@verizonwireless.com dbrennan@youngsommer.com Identify primary contact person: 0 Applicant 0 Owner D Attorney/Agent *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: 0 Owner D Lessee 0 Under option to lease or purchase PROPERTY INFORMATION 25 Lake Avenue165 - - Property Tax Parcel #: • 524 46.1 Address/Location: (for example: 165.52—4—37) T-6Current ZoningDistrict: Property yuse: 0 Residential Non-residential/mixed-use Type of Review: D Architectural 0 Historic 0 Extension/modification (of current approval) Summary description of proposed action: Telecommunications facility proposed on roof of existing building. Please see Statement of Intent for a more detailed description of the project. Has a previous application been filed with the DRC for thisproperty? ❑ No D Yes—date(s)? Original Approval PP -App. No.(s)? Unknown Revised 01/2019 APPLICATION FEE (payable to "Commissioner of Finance"): Residential Structures (principal, accessory) $50 Non-residential/ mixed-use structures (principal) $500 Residential approval —extension/mod $50 Non-residential signs, awnings, accessory structures $125 Non-residential mixed-use sketch $150 Non-residential approval—extension/mod $125 Demolition $350 **A "complete" application consists of 1 hard copy(original) , and I electronic copy of application &ALL other materials as required below: New 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:UR-I &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 She/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 O Color photographs showing site/existing structures, and of adjacent properties O Site plan showing existing and proposed structures: include dimensions, setbacks, street names, compass bearing, and scale O Scaled illustration of proposed structures: include all dimensions; colors, materials, lighting, mounting details O Consult Article 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 01/2019 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. SEAR Environmental Assessment Form IN Applicants proposing the following must complete"Part I"of the SEQR Short Environmental Assessment Form(available here: http://www.dec.ny.gov/docs/permits_ej_operationspdf/seafpartone.pdO: -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? ii No ❑Yes- Ifes, a statement disclosing the name, residence, nature,and extent of this interest must be filed with this Y 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. PP P P Furthermore, I/we agree to meet all requirements under Article VII for Historic Review or Article VIII for Architectural Revie Lthe Zoning Code of the City of Saratoga Springs. .....) c‘, ----- 7 67Z Date. g (applicant signature) Date: (applicant signature) 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 ONLY This application has been reviewed by the Zoning Enforcement Officer and is being forwarded to the Commission. Signature: Date: Additional Comments: Revised 01/2019 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 Turf Parillo, LLC 25 Lake Avenue,Saratoga Springs, New York 12866 Section 165.52, Block 4,Lot 46.1 STATEMENT OF INTENT APPLICATION FOR ARCHITECTURAL REVIEW I. 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 Turf Parillo, LLC. The premises is located at 25 Lake Avenue in the City of Saratoga Springs, Saratoga County,New York(Tax Map Parcel No.165.52-4-46.1),and is located in the Transect Zone 6 Urban Core(T-6)Zoning District but outside of the Historic Zoning Overlay District(the project is referred to herein as the"Saratoga City Hall") [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).1 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). 1 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 previous conversations with the City of Saratoga Springs Planning Department and based on similar applications,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 Saratoga City Hall Facility The purpose of the Saratoga City Hall communications facility is to provide an adequate and safe level of emergency and non-emergency Verizon Wireless communications services in the northeastern portion of the city center area. More specifically,the proposed facility will improve coverage and network capacity across the area generally bounded by the Marriott Courtyard off Excelsior Avenue to the north,Nelson Avenue to the east,Phila Street to the south,and Broadway to the west. Coverage along all the main routes and local roads throughout this area including into the many homes, offices, shops, restaurants and hotels will be significantly improved in all of Verizon Wireless operational frequency bands. The limited coverage currently in this area of Saratoga Springs originates from Verizon Wireless' capacity-limited surrounding macro network. Most notably the capacity-limited "Saratoga II" site on the building at 60 Railroad Place and the "Skidmore" site on the apartment building at 77 Van Dam Street have reached their capacity limits. The proposed facility will successfully alleviate the capacity demand on these surrounding macro facilities in the City 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, Radio Frequency Coverage and Necessity Letter prepared by Verizon Wireless'Radio Frequency (RF) Engineer, detailing the purpose and need for this facility [TAB 6]. This project is part of a 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 City's communities and commercial areas. III. Description of Land Use Verizon Wireless proposes to collocate a new communications facility on the rooftop of 25 Lake Avenue, owned by Turf Parillo, LLC. The new communications facility will consist of the following general components: • Six (6)panel antennas in a stealth brick enclosure (chimney)with a centerline height of approximately 77.3'±AGL and an overall height of 80.8'±AGL; • 9.4' x 11' telecommunications equipment platform located on the roof; • Cabling connecting the antennas to the telecommunications equipment and associated utility service connections within the building. The total project area is a minimal portion of the overall parcel,limited to two small lease areas on the roof [see Zoning Drawings at TAB 111 These drawings also show the size and location of the associated equipment. The proposed communications facility is unmanned, and will be 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]. 2 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 lease area,and notes the surrounding property owners and existing setbacks. [TAB 11]. 2. Minimum 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 equipment and appurtenances already located on the building, there will be little to no visual impact on the surrounding community. To further reduce any potential visual impact, Verizon Wireless is proposing to place the antennas in a stealth enclosure constructed of faux brick material that will match the color and pattern of the existing brick of the building [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. There is no ground mounted equipment to fence. 4. Noise: A generator is not proposed for this location. 5. Structural Analysis:The Applicant has submitted a certification documenting 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 form 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 with 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 Wireless notes the following: 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 a significant portion of the City of Saratoga Springs. Location on the existing 73.8'± building within a stealth enclosure will enable Verizon Wireless to address a significant gap in wireless services in the downtown Saratoga Springs area. 3 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 including for 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 Radio Frequency Coverage and Necessity Letter, there is deficient coverage in the Verizon Wireless network(mobile and in-building)in downtown Saratoga Springs caused by capacity exhaustion at nearby sites,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,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 locating 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 facility is generally 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 Saratoga City Hall Communications Facility will enable Verizon Wireless to provide an adequate and safe level of hand-held 4G wireless telephone service to the northeastern portion of downtown Saratoga Springs,within the confines of applicable technological limitations and all or substantially all land use requirements. The communications facility will benefit, and will not be detrimental to, the public health, safety, morals and welfare. Given the small degree of potential visual impact and site-specific stealth design measures discussed above, this project will not be injurious to the use and enjoyment of other property in the immediate vicinity. 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 4 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 Building and Rooftop Lease Agreement between Turf Parillo, 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) Radio Frequency Coverage and Necessity Letter prepared by the Verizon Wireless Network Engineering Department; 7) RF Safety FCC Compliance Report prepared by Paul Dugan, P.E. of Millennium Engineering,P.C.; 8) Structural Certification of Tectonic Engineering; 9) Photographic Simulations with Standard Visual EAF Addendum prepared by Tectonic Engineering; 10) Rooftop Views from Location of Base Station Equipment 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. Thank you for your consideration. Respectfully submitted, CELLCO PARTNERSHIP d/b/a Verizon Wireless David C. Brennan, Esq. Regional Local Counsel Dated: June 28,2019 5 TAB 1 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 funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;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 1 is accurate and complete. A.Project and Sponsor Information. Name of Action or Project: Verizon Wireless-Saratoga City Hall-Unmanned Wireless Communication Facility Project Location(describe,and attach a general location map): 25 Lake Avenue,City of Saratoga Springs,Saratoga County, New York 12866 Brief Description of Proposed Action(include purpose or need): Cellco Partnership,d/b/a Verizon Wireless("Verizon Wireless"or the"Applicant")proposes the installation of an unmanned wireless communications facility located on the existing property.Said property being located at the intersection of Lake Avenue and High Rock Avenue.Access to the proposed facility will originate from High Rock Avenue utilizing the existing paved access road and parking lot. In general,the installation will consist of the following:six(6)antennas and related equipment to be mounted within a proposed 6'x6'x8'tall faux chimney enclosure on the existing 65.0'±tall building at center-line height of 77.3'±,an 9'-4"x 11'-0"equipment platform within a 12'-0"x 17'-0"rooftop lease area, and all related coaxial cabling and utility services(power and telephone). Name of Applicant/Sponsor: Telephone:(585)321-5435 Cellco Partnership,d/b/a Verizon Wireless E-Mail: Kathy.Pomponio@VerizonWireless.com Address:1275 John Street,Suite#100 City/PO:West Henrietta State: Zip Code:14586 New York Project Contact(if not same as sponsor;give name and title/role): Telephone:(518)229-8699 David C. Brennan, Esq.,Young/Sommer LLC E-Mail: DBrennan@youngsommer.com Address: Executive Woods, Five Palisades Drive City/PO: State: Zip Code: Albany New York 12205 Property Owner (if not same as sponsor): Telephone: Turf Parillo LLC E-Mail: Address: 792 Watervliet-Shaker Road City/PO: State: Zip Code: Latham New York 12110 Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council,Town Board, ❑ Yes mNo or Village Board of Trustees b. City,Town or Village ❑ Yes ONo Planning Board or Commission c. City Council,Town or ❑ Yes mNo Village Zoning Board of Appeals d.Other local agencies Yes ❑No Building Department-Building Permit TBD Design Review Commission-Architectural Review e. County agencies IZIYes ❑No Counting Planning Department Approval TBD f.Regional agencies ❑ Yes mNo g. State agencies ❑ Yes mNo h.Federal agencies ❑ Yes IZINo i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes IZINo ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑YesmNo iii. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes0No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ❑ Yes®No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®Yes ❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway ®Yes❑No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): NYS Heritage Areas:Mohawk Valley Heritage Corridor, NYS Heritage Areas:Saratoga c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑ YesmNo or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 f. Does the project include new residential uses? ❑ Yes ®No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family four or more Initial Phase At completion of all phases g. Does the proposed action include new non-residential construction (including expansions)? ®Yes ❑ No If Yes, i. Total number of structures 2 ii. Dimensions (in feet) of largest proposed structure: 8' CHIM height; 9.3' PLF width; and 11.0' PLF length iii. Approximate extent of building space to be heated or cooled: p square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any ❑ Yes ®No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? 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. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? ❑ Yes©No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i. What is the purpose of the excavation or dredging? ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? F]YesF]No If yes, describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? []Yes[]No ix. Summarize site reclamation goals and plan: b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment ❑ Yes©No 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 or geographic description): 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? ❑ Yes❑No 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): • 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? ❑ Yes EnNo 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? ❑Yes E3No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑ Yes El No • Is the project site in the existing district? ❑ Yes❑ No • Is expansion of the district needed? ❑ Yes El No • Do existing lines serve the project site? ❑ Yes El No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes ❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s) of supply for the district: iv. Is a new water supply 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? ❑ Yes ®No 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): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑ Yes ❑No 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 project site in the existing district? ❑ Yes [—]No • Is expansion of the district needed? ❑ Yes ❑No Page 5 of 13 • Do existing sewer lines serve the project site? ❑ Yes ❑No • Will line extension within an existing district be necessary to serve the project? [-]Yes[-]No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? ❑ Yes ❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge, or describe subsurface disposal plans): vi. Describe any plans or designs to capture, recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point ❑ Yes ®No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) Square feet or acres (parcel size) ii. Describe types of new point sources. 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 waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? ❑ Yes❑ No iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater? ❑ Yes❑ No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel ®Yes ❑ No combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) Construction Equipment ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) N/A iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) N/A g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, ❑ Yes ®No 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) ❑Yes ❑No ii. In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) • 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 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, ❑ Yes® No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ii. Describe 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 ❑ Yes® No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑ Yes® No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected (Check all that apply): ❑ Morning ❑ Evening ❑Weekend ❑ Randomly between hours of to ii. For commercial activities only, projected number of semi -trailer truck trips/day: iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? []Yes[]No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: vi. Are public/private transportation service(s) or facilities available within 1/2 mile of the proposed site? vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric []Yes[-] No []YesF—]No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing [:]Yes[:] No pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand ❑ Yes® No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other) : iii. Will the proposed action require a new, or an upgrade to, an existing substation? []YesF]No 1. Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday - Friday: 8_5 • Monday - Friday: 24 Hours • Saturday: • Saturday: 24 Hours • Sunday: • Sunday: 24 Hours • Holidays: • Holidays: 24 Hours Page 7 of 13 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ® Yes ❑ No operation, or both? If yes: i. Provide details including sources, time of day and duration: During construction, noise associated with the operation of construction equipment. ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑ Yes ®No Describe: n.. Will the proposed action have outdoor lighting? ®Yes ❑ No If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: Two (2) switch operated LED light fixtures attached to the corner posts of the proposed platform, designed to illuminate the area in and around the equipment platform. ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑ Yes ®No Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑ Yes ®No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) ❑ Yes ®No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored ii. Volume(s) per unit time (e.g., month, year) iii. Generally describe proposed storage facilities: q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, ❑ Yes ®No insecticides) during construction or operation? If Yes: i. Describe proposed treatment(s): ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal ❑ Yes ®No of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation : tons per (unit of time) ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 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 • Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: years t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous waste? If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? If Yes: provide name and location of facility: 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 ❑ Yes ®No YesLJ No E.I. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. ® Urban ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ii. If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use or Covertype Current Acreage Acreage After Project Completion Change (Acres +/-) • Roads, buildings, and other paved or impervious surfaces 11.27 11.27 0.0 • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) • Other Describe: Page 9 of 13 c. Is the project site presently used by members of the community for public recreation? ❑ Yes❑✓ No i. If Yes: explain: d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ❑ Yes❑ No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: Saratoga Assembly of God, St. Pauls Lutheran Church, Lake Avenue Elementary School, Soul Saving Station Church, Saratogian Library e. Does the project site contain an existing dam? ❑ Yes®No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii. Provide date and summarize results of last inspection: f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, ❑ Yes®No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ❑ Yes❑ No • If yes, cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin ❑ Yes®No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any ®Yes ❑ No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑ Yes®No Remediation database? Check all that apply: ❑ Yes — Spills Incidents database Provide DEC ID number(s): ❑ Yes — Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities, describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ® Yes❑ No If yes, provide DEC ID number(s): V00475 , C5460571 546036 , V00300 iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): V00475: Contaminated soil remains at the site below asphalt and clean soil. C546057: BCP application is currently under review. 546036: No remaining environmental problems. V00300: Remedial activities have addressed all environmental concerns. Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? ❑ YesONo • If yes, DEC site ID number: • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑ Yes ❑No • Explain: E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? >6 feet b. Are there bedrock outcroppings on the project site? ❑ Yes 2]No If Yes, what proportion of the site is comprised of bedrock outcroppings? % c. Predominant soil type(s) present on project site: DeA: Deerfield Loamy Fine Sand 100 % d. What is the average depth to the water table on the project site? Average: 2-3 feet e. Drainage status of project site soils:® Well Drained: 100 % 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%: % of site ❑ 15% or greater: % of site g. Are there any unique geologic features on the project site? ❑ YesONo If Yes, describe: h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ❑YesONo ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yesg]No If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑ Yes ❑No state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No. (if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired ❑Yes ❑No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? ❑ Yes ZNo j. Is the project site in the 100 year Floodplain? ❑ Yes ZNo k. Is the project site in the 500 year Floodplain? OYes ❑ No 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? OYes [:]No If Yes: i. Name of aquifer: Principal Aquifer Page 11 of 13 in. Identify the predominant wildlife species that occupy or use the project site: Squirrels Oppossums Raccoons Birds Chipmunks Rabbits n. Does the project site contain a designated significant natural community? ❑ Yes g]No If Yes: i. Describe the habitat/community (composition, function, and basis for designation): ii. Source(s) of description or evaluation: 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 or NYS as ❑ Yes®No endangered or threatened, or does it contain any areas identified as habitat for an endangered 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 ❑Yesg]No special concern? q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? ❑ Yes oNo If yes, give a brief description of how the proposed action may affect that use: E.3. 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 ❑Yes g]No Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? If Yes, provide county plus district name/number: b. Are agricultural lands consisting of highly productive soils present? ❑ Yes W]No i. If Yes: acreage(s) on project site? ii. Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National ❑Yesg]No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature ii. Provide brief description of landmark, including values behind designation and approximate size/extent: d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑ Yesg]No If Yes: i. CEA name: ii. Basis for designation: iii. Designating agency and date: Page 12 of 13 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district ® Yes❑ No 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: i. Nature of historic/archaeological resource: El Archaeological Site W]Historic Building or District ii. Name: East Side Historic District, Broadway Historic District iii. Brief description of attributes on which listing is based: The East Side Historic District is a primarily residential neighborhood located to the east of downtown Saratoga Springs. The Broadway Historic District is located along Broadway in Saratoga Springs. f. Is the project site, or any portion of it, located in or adj acent to an area designated as sensitive for ® Yes ❑No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? ❑ Yes ®No If Yes: i. Describe possible resource(s): ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local ®Yes ❑ No scenic or aesthetic resource? If Yes: i. Identify resource: Various ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): State Recreational Parks, Municipal Recreational Parks, Colleges, Public Library iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the wild, Scenic and Recreational Rivers ❑ Yes®No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑ Yes [-]No 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 6/20/2019 Signature Title Visual Resource Coordinator PRINT FORM Page 13 of 13 Full Environmental Assessment Form Part 2 -Identification of Potential Project Impacts Agency Use Only [If applicable] Project: F Date 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. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ❑NO ❑ YES the land surface of the proposed site. (See Part 1. D.1) I "Yes ", answer questions a J. I "No ", move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. b. The proposed action may involve construction on slopes of 15% or greater. E2f ❑ ❑ c. The proposed action may involve construction on land where bedrock is exposed, or E2a ❑ ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year D 1 e ❑ ❑ or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q ❑ ❑ disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B 1 i ❑ ❑ h. Other impacts: ❑ ❑ Page 1 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 ❑ YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes ", answer questions a - C. I "No ", move on to Section 3. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. Identify the specific land form(s) attached: E2g ❑ ❑ D2b b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. c. The proposed action may involve dredging more than 100 cubic yards of material D2a Specific feature: ❑ from a wetland or water body. c. Other impacts: ❑ ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ❑ NO ❑ YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.21) If "Yes ", answer questions a - 1. If "No ", move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur 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 D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h ❑ ❑ runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c ❑ ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d ❑ ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h ❑ ❑ around any water body. k. The proposed action may require the construction of new, or expansion of existing, D 1 a, D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1. Other impacts: ❑ El 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or [:]NO ❑ YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If "Yes ", answer questions a - h. If "No ", move on to Section 5. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. The proposed action may require new water supply wells, or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. b. Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. ❑ ❑ patterns. Cite Source: 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 D 1 a, D2c ❑ El sewer services. f. If there is a dam located on the site of the proposed action, is the dam in need of repair, d. The proposed action may include or require wastewater discharged to groundwater. 1)2d, E21 ❑ ❑ e. The proposed action may result in the construction of water supply wells in locations D2c, E If, ❑ ❑ where groundwater is, or is suspected to be, contaminated. E 1 g, E 1 h f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21, D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑ NO ❑ YES (See Part 1. E.2) I "Yes ", answer questions a - g. I "No ", move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. E2i ❑ ❑ b. The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ 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. 1)2b, E2i, ❑ ❑ E2', E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, E 1 e ❑ ❑ or upgrade? Page 3 of 10 g. Other impacts: The proposed action may include a state regulated air emission source. [:]NO YES ❑ ❑ Relevant 6. Impacts on Air The proposed action may include a state regulated air emission source. [:]NO YES (See Part 1. D.2.f., D,2,h, D.2.g) If "Yes ", answer questions a -f If "No ", move on to Section 7. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. If the proposed action requires federal or state air emission permits, the action may ❑ ❑ threatened or endangered species, as listed by New York State or the Federal also emit one or more greenhouse gases at or above the following levels: government, that use the site, or are found on, over, or near the site. i. More than 1000 tons/year of carbon dioxide (CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide (N20) D2g ❑ ❑ iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g ❑ ❑ iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g ❑ ❑ ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ species of special concern or conservation need, as listed by New York State or the hydrochloroflourocarbons (HFCs) emissions Federal government, that use the site, or are found on, over, or near the site. vi. 43 tons/year or more of methane D2h ❑ ❑ b. The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous the Federal government. air pollutants. c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50% of any of the thresholds in "a" through "c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f. Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m. -q.) ❑ NO ❑ YES I "Yes ", answer questions a J. I "No ", move on to Section 8. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑ 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. b. The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p ❑ ❑ 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. d. The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 e. The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E3 c ❑ ❑ f. The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. Source: E2n ❑ ❑ Part I 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 ❑ ❑ h. The proposed action requires the conversion of more than 10 acres of forest, grassland or any other regionally or locally important habitat. Habitat type & information source: Elb ❑ ❑ i. Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. D2q ❑ ❑ j. Other impacts: ❑ ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) ❑NO ❑YES I "Yes ", answer questions a - h. I "No ", move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b ❑ ❑ NYS Land Classification S stem. b. The proposed action may sever, cross or otherwise limit access to agricultural land Ela, Elb ❑ ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb, E3 a ❑ ❑ 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 El a, Elb ❑ ❑ management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, ❑ ❑ potential or pressure on farmland. D2c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h. Other impacts: ❑ ❑ Page 5 of 10 d. Other impacts: The proposed action may result in a loss of recreational opportunities or a NO YES ❑ ❑ (See Part 1. C.2.c, E.l.c., E.2.q.) If any of the above (a -d) are answered "Moderate to large impact may No, or Relevant No, or e. occur", continue with the following questions to help support conclusions in Part 3: small Part I small i. The proposed action may result in the destruction or alteration of all or part E3e, E3g, ❑ ❑ of the site or property. E3 f occur may occur ii. The proposed action may result in the alteration of the property's setting or E3e, E3 f, ❑ ❑ integrity. E3g, Ela, E2h, b. The proposed action may result in a reduction in the quality of the resource or E3d Elb E2m, E2o, characteristic which was the basis for designation of the CEA. 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, E3 f, E3g, E3h, ❑ ❑ C2, C3 C2a, E 1 c, ❑ 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a NO YES 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.) I "Yes ", answer questions a - e. I "No ", go to Section 12. No, or Relevant No, or Moderate small Part I small to large impact Question(s) impact impact may may occur occur may occur occur a. The proposed action may result in an impairment of natural functions, or "ecosystem D2e, Elb ❑ ❑ services", provided by an undeveloped area, including but not limited to stormwater E2h, b. The proposed action may result in a reduction in the quality of the resource or E3d storage, nutrient cycling, wildlife habitat. E2m, E2o, characteristic which was the basis for designation of the CEA. E2n, E2 c. Other impacts: b. The proposed action may result in the loss of a current or future recreational resource. C2a, E 1 c, ❑ ❑ C2c, E2 c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c ❑ ❑ with few such resources. E 1 c, E2q d. The proposed action may result in loss of an area now used informally by the C2c, E 1 c ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical NO YES environmental area (CEA). (See Part 1. E.3.d) I "Yes ", answer questions a - c. I "No ", go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ 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 E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. E]NO YES (See Part 1. D.2.j) If "Yes ", answer questions a -f. If "No ", go to Section 14. I "Yes ", answer questions a - e. I "No ", go to Section 15. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b. The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. or supply system to serve more than 50 single or two-family residences or to serve a D 1 q, D2k ❑ c. The proposed action will degrade existing transit access. D2j ❑ ❑ d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e. The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: feet of building area when completed. ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. [:]NO YES (See Part 1. D.21) I "Yes ", answer questions a - e. I "No ", go to Section 15. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k ❑ ❑ b. The proposed action will require the creation or extension of an energy transmission D 1 f, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a D 1 q, D2k ❑ ❑ commercial or industrial use. c. The proposed action may utilize more than 2,500 Mwhrs per year of electricity. D2k ❑ ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square D 1 g ❑ ❑ feet of building area when completed. e. Other Impacts: ❑ 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. E]NO [:]YES (See Part 1. D.2.m., n., and o.) I "Yes ", answer questions a -f I "No ", go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, D2m, E 1 d ❑ ❑ hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ 1 ❑ Page 8 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, E 1 a ❑ ❑ f. Other impacts: small ❑ ❑ Question(s) 16. Impact on Human Health The proposed action may have an impact on human health from exposure NO YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes ", answer questions a - M. if No ", o to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day E 1 d ❑ ❑ care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. E 1 g, E 1 h ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site E 1 g, E 1 h ❑ ❑ remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the E 1 g, E 1 h ❑ ❑ property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place E 1 g, E 1 h ❑ ❑ to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, E 1 f ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, E 1 f ❑ ❑ i. The proposed action may result in an increase in the rate of disposal, or processing, of D2r, D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of E 1 f, E 1 g ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill E 1 f, E 1 g ❑ ❑ site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the D2s, E 1 f, ❑ ❑ project site. D2r in. Other impacts: ❑ ❑ Page 9 of 10 17. Consistency with Community Plans -] The proposed action is not consistent with adopted land use plans. E]NO YES (See Part 1. C.1, C.2. and C.3.) If "Yes ", answer questions a - h. If "No ", go to Section 18. I "Yes ", answer questions a - g. I "No ", proceed to Part 3. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. The proposed action's land use components may be different from, or in sharp C2, C3, D 1 a ❑ ❑ contrast to, current surrounding land use pattern(s). Ela, E 1 b b. The proposed action will cause the permanent population of the city, town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. schools, police and fire) c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 ❑ ❑ d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 ❑ ❑ plans. d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ e. The proposed action may cause a change in the density of development that is not C3. D 1 c, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. D 1 d, D 1 f, C2, C3 ❑ ❑ Dld, Elb £ The proposed action is located in an area characterized by low density development C4, D2c, D2d ❑ ❑ that will require new or expanded public infrastructure. D2j Ela, Elb g. The proposed action may induce secondary development impacts (e.g., residential or C2a ❑ ❑ commercial development not included in the proposed action) g. Other impacts: ❑ h. Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. [:]NO YES (See Part 1. C.2, C.3, D.2, E.3) I "Yes ", answer questions a - g. I "No ", proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas E3 e, E3 f, E3 g ❑ ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 ❑ ❑ schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, D 1 f ❑ ❑ there is a shortage of such housing. D 1 g, E l a d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 ❑ ❑ character. 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 Agency Use Only [IfApplicable] Project:F -1 Date 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 ❑ Unlisted Identify portions of EAF completed for this Project: ❑ Part 1 ❑ Part 2 ❑ Part 3 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. ❑ B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or 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 Further Information: Contact Person: Address: Telephone Number: E-mail: For 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: httb://www.dec.ny.ov/enb/enb.html Page 2 of 2 TAB 2 SITE NAME: Saratoga Town Hall ATTY/DATE: R. Panasci/6-5-18 BUILDING AND ROOFTOP LEASE AGREEMENT This Building and Rooftop Lease Agreement (the "Agreement") made this day of , 20 , between TURF PARILLO, LLC, a New York limited liability company, with its principal offices located at 792 Watervliet Shaker Road, Latham, New York 12110, hereinafter designated LESSOR and CELLCO PARTNERSHIP d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW 100, 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 eighty hundred twenty-five (825) square feet on the roof (the "Rooftop Space") of the building (the "Building") located at 25 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 City of Saratoga Springs as Tax Map Number 165.52-4-46.1, and as further recorded in the office of the Clerk of Saratoga County as Instrument No. 2007011301, 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 in 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. Except in the event of an emergency, LESSEE will provide at least twenty four (24) hours telephonic notice to LESSOR prior to accessing the Building. 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 LES SEE's improvements thereon, which site plan LESSEE shall submit to LESSOR for LES S OR' s written approval prior to LES SEE' 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; GAS. 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 in 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, aone-time signing bonus, as additional rent, in the sum of 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 2 the date of full execution of this Agreement. If such date falls between the 1 St and 15th of the month, the Agreement shall commence on the Pt of that month and if such date falls between the 16th and 31St of the month, then the Agreement shall commence on the 1 St 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, evidencing LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by LESSEE in LESSEE's reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 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, LESSEE shall pay the utility directly for its power consumption, if billed by the utility. If not billed by the utility, then (i) LESSEE shall pay LESSOR 3 $600.00 per year, which amount may be added to the annual rent payment; and (ii) LESSOR shall read LESSEE's sub -meter on an annual basis and provide LESSEE with an invoice for the actual amount of LESSEE's power consumption on an annual basis and, to the extent such amount exceeds $600.00, LESSEE shall also pay LESSOR such additional amount. Specifically, after the expiration of each calendar year, LESSOR shall determine LESSEE's actual electrical power consumption and resulting charges for the immediately preceding calendar year based on reading LESSEE's sub -meter on an annual basis and the electricity bills received by LESSOR throughout such calendar year. Each invoice shall reflect charges only for LESSEE's power consumption based on the average kilowatt hour rate actually paid by LESSOR to the utility for electricity, without mark up or profit. 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: livebillsgecova.com, shall be provided to LESSEE within ninety (90) days following the conclusion of each calendar year (the "Invoice Period"), and shall be accompanied by copies of the electricity bills received by LESSOR during the subject calendar year and documentation of the sub -meter readings applicable to such calendar year. If LESSOR fails to deliver an invoice to LESSEE within the Invoice Period, LESSOR waives any right to collect from LESSEE electrical charges over for the subject calendar year. LESSEE shall pay each annual power consumption charge in excess of within forty-five (45) days after receipt of the invoice from 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. LESSOR shall, at all times during the Term, allow LESSEE to connect its temporary power source to LESSOR'S natural gas service to the Premises at no additional cost to LESSEE. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year extension terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. EXTENSION RENTALS. The annual rental for each such five (5) year extension term shall be equal to of the annual rental payable with respect to the immediately preceding five (5) year term. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for three (3) additional five (5) year terms and one (1) additional 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 term. Under no circumstances will the term of this Lease, including all renewals, exceed forty-nine (49) years. Annual rental for each such live (5) year additional extension term shall be equal t 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". 11 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. 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 5 hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as a satisfactory building structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any 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 terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9. 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 provided that LESSEE provides prior telephonic notice at least twenty-four (24) hours in advance to LESSOR, 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) 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. 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 0 Relocation," for the purpose of LESSOR performing maintenance, repair or similar work at the Property or in the Building provided: i. The Temporary Relocation is similar to LESSEE's existing location in size and is fully compatible for LESSEE's use, in LESSEE's reasonable determination; 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, provided however, in the event that LESSEE needs to relocate its equipment because LESSOR is replacing the roof, LESSEE agrees to pay all costs incurred in relocating its equipment the first time LESSOR requests such relocation; 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. Except as noted in Section 9.c.ii above, 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. 7 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 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. C. 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 Term 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 in 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. LESSOR shall have the right to terminate this Agreement upon the sixteenth anniversary of the 0 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. 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. 10 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, 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: Turf Parillo, LLC 792 Watervliet -Shaker Rd Latham, New York 12110 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 time 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, 11 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 the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to 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 performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff 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 (3 0) days in which to cure any non -monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. 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 12 or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business 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 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), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in 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 invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the 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 imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the 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, 13 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 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 LESSEE'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 LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable 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 14 Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 34. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property, the Building, 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 twenty foot (20') wide portion on each side of access and utilities easement over the parcels designated as Tax Map Parcel Number 165.52-4- 46.1, all as shown on Exhibit A hereto (the "Temporary Easement Area"). LESSOR and LESSEE acknowledge and agree that the Temporary Easement shall be for the purpose of clearing any rocks, dirt, brush, trees or other vegetation, grading, excavation, and storing materials (including, without limitation, excavated soil and equipment) in order to allow for the construction and installation of LESSEE's telecommunications facility as described herein. The Temporary Easement granted hereunder shall terminate upon the completion of the construction and installation of LESSEE's telecommunications facility and LESSEE shall return the Temporary Easement Area to as good a condition as is reasonably practicable considering the clearing and grading that is to be performed by LESSEE. [The remainder of this page is intentionally blank.] 15 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. WITNESS WITNESS LESSOR: TURF PARILLO, C By: Name: VIA C Its: L/LAe4vx 1,)zt�- If LESSEE. ti CELIAC O PARTNERSHIP d/b/a Verizon Wireless Elf, Richard Polatas Director Network Field Engineering EXHIBIT "A" DESCRIPTION OF PROPERTY 17 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND situate in the City of Saratoga Springs, County of Saratoga and State of New York being bound and described as follows: Beginning at a point on the northerly side of Lake Avenue at its intersection with southeasterly side of High Rock Avenue; running thence along the easterly or southeasterly side of High Rock Avenue the following four courses and distances - 1 ) istances: 1) N. 09 deg. 07 min. 55 sec. E. 58.52 feet; 2) N. 32 deg. 15 min. 55 sec. E. 51.77 feet; 3) N. 00 deg. 15 min. 06 sec. E. 10.41 feet., 4) N. 32 deg. 22 min. 02 sec. E. 483.95 feet to a point on the southwesterly side of York Street; running thence along the southwesterly side of York Street S. 57 deg. 37 min. 58 sec. E. 162.38 feet to a point on the northwesterly side of Henry Street; running thence along the northwesterly side of Henry Street the following two courses and distances - 1 ) istances: 1) S. 32 deg. 22 min 02 sec. W. 493.99 feet: 2) S. 07 deg. 42 min. 25 sec. W. 43.10 feet to a point on the northerly side of Lake Avenue; running thence along the northerly side of Lake Avenue N. 80 deg. 52 min. 44 sec. W. 164.96 feet to the point of beginning. EXCEPTING THEREFROM, ALL that certain tract or parcel of land situate in the City of Saratoga Springs, Saratoga County, NY, bounded and described as follows: Beginning at a 5/8" steel rod set with a tag (hereinafter referred to as a "survey marker") located at the intersection of the southerly line of York Street and the easterly line of High Rock Avenue. Thence along the southerly line of said York Street, S 570 37' 58" E, 162.38 feet to a survey marker. Thence along the westerly line of Henry Street, S 320 22' 02" W, 277.99 feet to a survey marker. Thence along the northerly line of Lot 1, N 570 37' 58" W, 162.38 feet to a survey marker. Thence along the easterly line of said High Rock Avenue, N 320 22' 02" E, 277.99 feet to the point of beginning. Containing 1.036 acres of land. EXHIBIT "B" SKETCH/SITE PLAN OF ROOFTOP SPACE ANTENNA SPACE AND CABLING SPACE m N X O o- SECTION 16; Q BLOCK 4 LC EXIST A PROPOSED LESSE SECTOR ANTENN AREA ON ROOF ( LAKE Al � WJ r-29 ADDOnVIOATC I nf( A-FlnKl nE- SITE INFORMATION COORDINATES: 43° 04' 59.11" N 73° 46' 57.35" W GROUND ELEVATION: 276'± AMSL 1 SECTOR ANTENNA LEASE (330 SF) EQUIPMENT LEASE - AREA ON ROOF (165 SF) AREA ON ROOF NOTE 1. THIS DRAWING IS FOR OPTION, LEASE, LICENSE AND ri PROPERTY PLAN - PERMITTING PURPOSES ONLY AND IS NOT TO BE USED LE -1 FOR CONSTRUCTION. SCALE: 1" = 50' 2. FINAL UTILITY EASEMENT LOCATION WILL BE DETERMINED BY THE UTILITY COMPANY. 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 TING LOWER DING 3S )N 165.52 3 LOT 29 52 28 0 1 ORIGINAL SIZE IN INCHES SARATOGA TOWN HALL — LEASE EXHIBIT PROJECT # 20151221722 — LOCATION CODE # 383625 25 LAKE AVE —CIN OF SARATOGA SPRINGS — SARATOGA COUNTY, NY 12866 TEC W0:8668.01 I ISSUED BY: TRR I DATE: 2/23/17 C ELLCO PARTNERSHIP, (LESSEE) 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 SCALE: AS NOTED SHEET: LE -1 REV: 0 N X 0 ry Q ROOF PLAN L\� SCALE: 1 " = 30' NOTE: 0 1 FINAL FIBER/TELCO ROUTING TO BE DETERMINED BY PROVIDER. ORIGINAL SIZE IN INCHES SARATOGA TOWN HALL — LEASE EXHIBIT mgmPROJECT # 20151221722 — LOCATION CODE # 383625 Practical Solutions, Exceptional Service 25 LAKE AVE — CITY OF SARATOGA SPRINGS — SARATOGA COUNTY, NY 12866 TECTONIC Engineering & Surveying Consultants P.C. C ELLCO PARTNERSHIP, 36 British American Blvd. Suite 101 Phone: (518) 783-1630 Latham, NY 12110 (800) 829-6531 (LESSEE) www.tectonicengineering.com 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 TEC W0: 8668.01 ISSUED BY: TRR I DATE: 2/23/17 SCALE: AS NOTED SHEET: LE -2 REV: 0 EXISTING ROOF ACCESS DOOR EXISTING A/C U N IT (TYP) EXISTING 00 VENT (TYP) °EXISTING 00 00 ❑❑❑❑❑❑❑❑❑❑❑E1 PROPOSED LESSEE ALPHA SECTOR ❑ ANTENNA LEASE AREA (165 SF) BUILDING 00 ❑ PROPOSED LESSEE 16.5'X20' ❑° (330 SF) EQUIPMENT LEASE ❑❑ AREA ON ROOF EXISTING WALKING 00 PAD (TYP) PROPOSED LESSEE 0❑ 1 1'-6"x16' EQUIPMENT PLATFORM ❑ ❑❑ ❑ 00 0 .-�. ' ❑❑ O ❑ ❑ ° ❑ ❑❑0❑0❑ 00 ❑ °PROPOSED CD POWER, FIBER, AND GROUND CONDUITS TO PENETRATE I O O '� ROOF ADJACENT TO ELEVATOR ❑ I II I ❑ SHAFT AND CORE THROUGH FLOORS ALONGSIDE EXISTING II I ❑ CONDUITS TO GROUND FLOOR ELECTRICAL AND FIRE PUMP ROOMS O ❑ PROPOSED LESSEE BETA SECTOR ANTENNA LEASE AREA (165 SF) PROPOSED LESSEE COVERED CABLE TRAY EXISTING NATURAL GAS LI N E PROPOSED LESSEE GAMMA PROPOSED NATURAL GAS SECTOR ANTENNA LEASE TO TAP OFF EXISTING AREA (165 SF) GAS LINE ON ROOF PROPOSED POWER, FIBER, AND GROUNDING ROUTED ALONG CABLE TRAY/SLEEPERS IN CONDUITS TO ROOF PENETRATION NEAR ELEVATORS ROOF PLAN L\� SCALE: 1 " = 30' NOTE: 0 1 FINAL FIBER/TELCO ROUTING TO BE DETERMINED BY PROVIDER. ORIGINAL SIZE IN INCHES SARATOGA TOWN HALL — LEASE EXHIBIT mgmPROJECT # 20151221722 — LOCATION CODE # 383625 Practical Solutions, Exceptional Service 25 LAKE AVE — CITY OF SARATOGA SPRINGS — SARATOGA COUNTY, NY 12866 TECTONIC Engineering & Surveying Consultants P.C. C ELLCO PARTNERSHIP, 36 British American Blvd. Suite 101 Phone: (518) 783-1630 Latham, NY 12110 (800) 829-6531 (LESSEE) www.tectonicengineering.com 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 TEC W0: 8668.01 ISSUED BY: TRR I DATE: 2/23/17 SCALE: AS NOTED SHEET: LE -2 REV: 0 ri ELEVATION LE -3 SCALE: 1" = 20' 0 1 ORIGINAL SIZE IN INCHES SARATOGA TOWN HALL — LEASE EXHIBIT PROJECT # 20151221722 — LOCATION CODE # 383625 Practical Solutions, Exceptional Service 25 LAKE AVE — CITY OF SARATOGA SPRINGS — SARATOGA COUNTY, NY 12866 TECTONIC Engineering & Surveying Consultants P.C. C ELLCO PARTNERSHIP, 36 British American Blvd. Suite 101 Phone: (518) 783-1630 Latham, NY 12110 (800) 829-6531 (LESSEE) www.tectonicengineering.com 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 TEC W0: 8668.01 ISSUED BY: TRR I DATE: 2/23/17 SCALE: AS NOTED SHEET: LE -3 REV: 0 PROPOSED LESSEE ANTENNA MOUNT (BETA SECTOR) (BEHIND) PROPOSED LESSEE ANTENNA MOUNT (ALPHA SECTOR) PROPOSED LESSEE EQUIPMENT PLATFORM EXISTING PENTHOUSE I PROPOSED LESSEE ANTENNA MOUNT (GAMMA SECTOR) II I I _I = �1 III IIII L_ III ii� I ii I p ir - ii ii III L u u- < WM M Q Q WM %-• Q 'Q^^ 0 z z W H Q Ld U) U) V) < Z Z H Z Q W ,w V / D O z < a J � N Z w Q Q Li o EXISTING J W O H W (n L� 0 C-0 O w O N 00 w H Z W W N U) Li O a_ i n Li O O N BUILDING CO co 0 J O C-0 co (��R1 C%1J &CSrIiIE'd EXISTING GRADE ri ELEVATION LE -3 SCALE: 1" = 20' 0 1 ORIGINAL SIZE IN INCHES SARATOGA TOWN HALL — LEASE EXHIBIT PROJECT # 20151221722 — LOCATION CODE # 383625 Practical Solutions, Exceptional Service 25 LAKE AVE — CITY OF SARATOGA SPRINGS — SARATOGA COUNTY, NY 12866 TECTONIC Engineering & Surveying Consultants P.C. C ELLCO PARTNERSHIP, 36 British American Blvd. Suite 101 Phone: (518) 783-1630 Latham, NY 12110 (800) 829-6531 (LESSEE) www.tectonicengineering.com 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 TEC W0: 8668.01 ISSUED BY: TRR I DATE: 2/23/17 SCALE: AS NOTED SHEET: LE -3 REV: 0 EXHIBIT "C" FORM OF UTILITY EASEMENT 19 GRANT OF EASEMENT of (hereinafter referred to as "Grantor"), for consideration of One Dollar ($1.00), and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to NIAGARA MOHAWK POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, New York 13202 (hereinafter referred to as "Grantee"), for Grantee and its lessees, licensees, successors, and assigns, the perpetual right and easement as described in Section 1 below (the "Easement") in, under, through, over, across, and upon the Grantor's land, as described in Section 2 below (the "Grantor's Land"). Section 1 — Description of the Easement. The "Easement" granted by the Grantor to the Grantee consists of a perpetual easement and right-of-way, with the right, privilege, and authority to: a. Construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure, abandon or remove underground electric facilities including a line or lines of wires or cables (either direct -buried or installed in underground conduits), handholes, manholes, conduit, vaults, junction boxes, pad -mount transformers, housings, connectors, switches and switching equipment, pipes, pedestals, closures, ducts and duct work, markers, cables, connections to overhead and underground wires, any poles or lines of poles, supporting structures, cables, crossarms, overhead and underground wires, guys, guy stubs, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtures and appurtenances (collectively, the "Facilities"), which the Grantee shall require now and from time to time, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over, under, and across that portion of the Grantor's Land described in Section 3 below (the "Easement Area"), and the highways abutting or running through the Grantor's Land, and to renew, replace, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; b. From time to time, without further payment therefore, clear and keep cleared, by physical, chemical, or other means, the Easement Area of any and all trees, vegetation, roots, aboveground or belowground structures, improvements, or other obstructions and trim and/or remove other trees, roots and vegetation adjacent to the Easement Area that, in the opinion of the Grantee, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for less than the full width and may be widened from time to time to the full width; C. Excavate or change the grade of the Grantor's Land as is reasonable, necessary, and proper for any and all purposes described in this Section 1; provided, however, that the Grantee will, upon completion of its work, backfill and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and d. Pass and repass along the Easement Area to and from the adjoining lands and pass and repass over, across, and upon the Grantor's Land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest extent the Easement. Section 2 — Description of Grantor's Land. The "Grantor's Land" is described in a certain Deed recorded in the County Clerk's Office on in Liber of Deeds at Page and consists of land described as being part of Tax Parcel No. of the of , County of , and State New York commonly known as Section 3 — Location of the Easement Area. The "Easement Area" shall consist of a portion of the Grantor's Land feet in width throughout its extent, the centerline of the Easement Area being the centerline of the Facilities. The general location of the Easement Area is shown on the sketch entitled , which sketch is attached hereto as Exhibit A and recorded herewith, copies of which are in the possession of the Grantor and the Grantees. The final and definitive location(s) of the Easement Area shall become established by and upon the final installation and erection of the Facilities by the Grantees in substantial compliance with Exhibit A hereto. Section 4 — Facilities Ownership. It is agreed that the Facilities shall remain the property of the Grantee, its successors and assigns. Section 5 — General Provisions. The Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantee that no act will be permitted within the Easement Area which is inconsistent with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area without the prior written consent of the Grantee, it being the intent that the Easement herein conveyed is intended to prohibit the longitudinal or parallel use or occupancy of said Easement Area by surface or subsurface activities or structures which might damage or interfere with 2015 SMS provided NIMO ug oh elec (nt) EXHIBIT Q 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 sitings of cellular telephone companies, such as [the applicant], permits those companies to construct structures necessary for their operation which are prohibited because of existing zoning laws and to provide the desired services to the surrounding community.... Moreover, the record supports the conclusion that [the applicant] sustained its burden of proving the requisite public necessity. [The applicant] established that the erection of the cell site would enable it to remedy gaps in its service area that currently prevent it from providing adequate service to its customers in the ...area. Rosenberg, 82 N.Y.2d at 372-74 (citing Consolidated Edison Co. v. Hoffman, 43 N.Y.2d 598 (1978)). This special treatment of a public utility stems from the essential nature of its service, and the fact that a public utility transmitting facility must be located in a particular area in order to provide service. For instance, water towers, electric switching stations, water pumping stations and telephone poles must be in particular locations (including within residential districts) in order to provide the utility to a specific area: [Public] utility services are needed in all districts; the service can be provided only if certain facilities (for example, substations) can be located in commercial and even in residential districts. To exclude such use would result in an impairment of an essential service. Anderson, New York Zoning Law Practice, 3d ed., p. 411 (1984) (hereafter "Anderson"). See also, Cellular Tel. Co. v. Rosenberg, 82 N.Y.2d 364 (1993); Payne v. Taylor, 178 A.D.2d 979 (4th Dep't 1991). Accordingly, the law in New York is that a municipality may not prohibit facilities, including towers, necessary for the transmission of a public utility. In Rosenberg, 82 N.Y.2d at 371, the court found that "the construction of an antenna tower... to facilitate the supply of cellular telephone service is a 'public utility building' within the meaning of a zoning ordinance." See also Long Island 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 this portion 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. TAB 4 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 a entity to provide interstate or intrastate telecommunications service." TCA Section 253(a), emphasis added. Section 332(c) of the TCA preserves the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction and modification of personal wireless service facilities, subject to several important limitations: • the "regulation of the placement ... of personal wireless service facilities by any State or local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services" (TCA §332(c) (7) (B) (i) (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 HOUSE OF REPRESENTATTWES REPoRT 2d Session 104-458 TELECOMMUNICATIONS ACT OF 1996 JANuARY 31, 1996. Ordered to be printed Mr. BLILEY', from the committee of conference, Sbmttie rIthe fo Iow"nauio%11ft vw &t CONFERENCE REPORT [To accompany S. 6621 The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 652), to provide for a pro -competitive, de -regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans by opening all telecommunications mar- kets to competition, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its disagreement to the amend- ment of the House to the text of the bill and agree to the same with an amendment as follows, In lieu of the matter proposed to be inserted by the House amendment, insert the following: SECTION 1. SHORT TITLE;, REFERENCES. (a) SNORT TiTLE.—This Act may be cited as the "'Telecommuni- cations Act of 1996". (b) ReFERENcgs.Except t as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provi- sion of the Communications Act of 1934 (47 U.S. C. 151 et seq.). SEC, 2. TABLE OF CONTENTS. The table of contents for this Act is as follows, See. 1. Short title; references. See. 2. Table of contents. See. 3. Definitions. 22-327 100 City that has obtained an attachmen-t to such -conduit It IF so that such entity may have a reasonaot y to add to or modify its existing attachment, at adds to or modifies its existing attachpmen Wing such notification shall bear a propt/1 & WI e costs incurred byte owner in making I- - 5fU;AjMWWWj--"ct, corxduit. or right-of-way accessible. fired right-of-way shall not be requto bear an a" - vj- rear- ranging or replacing its attach mo earrangement or re- placement VWA* . placement is #'W 61, q an additional attachment or the frig n existing attachment sought by any other entity SEC. 704, FACILITIES SITING; RADIO FREQUENCY EMSSION STAND- ARDS. (a) NATIONAL WiRELEss TELECOmmuNIcATIONs SITING Por,- icy. --Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph: "(7) PRESERVATION OF LOCAL ZONING AUTHORITY. "(A) GENERAL AumoRnT.—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) LimmmNs. "(4) The regulation of the placement,, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof— `W) shall not unreasonably discriminate among providers of function -ally equivalent serv- ices; and "(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless serv- ices. "60 A State or local government or instrumentality thereof shall act on any request for authorization to place, construct., or modify personal wireless service fa- cilities within a reasonable period of time after the re- quest is duly filed with such government or instrumen- tality,, taking into account the nature and scope of such request. "(W) Any decision by a State or local government or instrumentality thereof to deny a request to place., construct., or modify personal wireless service facilities shall be in writing and supported by substantial evi- dence contained in a written record. "(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 com- ply with the Commissions regulations concerning such emissions. 101 "(p) Any person adversely affected by any final ac- tion or failure to act by a State or local government or a!z,v 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) DE.FiNmoNs.--For purposes of this paragraph "(4) the term 'Personal wireless services' means commercial mobile -services, unlicensed wireless serv- ices, and common carrier wireless exchange access services; .V `e(ii) the term `personal wireless service facilities' means facilities for the provision of personal wireless services; and "(W) the term 'unlicensed wireless service' means the offering of telecommunications services using duly authorized devices which do not require individual li- censes, but does not mean the provision of direct -to - home satellite services (as defined in section 303M).". (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) AvArrABiLiTy 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., r 10 hts-of-way, and easements under their control for the placement olnew 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 propertrights- of-way, and easements by duly authorized providers s,ould 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, JUERS. Section 332(c) (47 U.S.C. 332(c)) is a a ding at the end the following new paragriaphi. L . ---.-.v 1 11, "081) MOqBILE i CEss.—A person engaged in the prov�Siisto ercial mobile services, insofar as such person ,..Woow-ungaged, shall not be required to provide equal access to 207 portionate share of the costs incurred by the owner in making such conduit or right-of-way accessible. Conference agreement The conference agreement adopts the Senate provision with modifications. The conference agreement amends section 224 of the Communications Act by adding new subsection (e)(1) to allow par- ties to negotiate the rates, terms, and conditions for attaching to poles, ducts, conduits, and rights-of-way owned or controlled by utilities. New subsection 224(e)(2) establishes a new rate formula charged to telecommunications carriers for the non -useable space of each pole. Such rate shall be based upon the number of attaching entities. The conferees also agree to three additional provisions from the House amendment. First, subsection (g) requires utilities that engage in the provision of telecommunications services or cable services to impute to its costs of providing such service an equal amount to the pole attachment rate for which such company would be liable under section 224. Second, new subsection 224(h) requires utilities to provide written notification to attaching enti- ties of any plans to modify or alter its poles, ducts, conduit, or rights-of-way. New subsection 224(h) also requires any attaching entity that takes advantage of such opportunity to modify its own attachments shall bear a proportionate share of the costs of such alterations. Third, new subsection 2240) 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 01140101 zoning and land use matters except in the limited circumstances set forth in the conference agreement. The conference agreement also provides a mechanism for judicial relief from zoning decisions that fail to comply with the provisions of this section. It is the 'in- tent of the conferees that other than. under section 332(c)(7)(B)(iv) of the Communications Act of 1934 as amended by this Act and section 704 of the Telecommunications Act of 1996 the courts shall have exclusive jurisdiction over all other disputes arising under this section. Any pending Commission rulemaking concerning the preemption of local zoning authority over the placement, construc- tion or modification of CMS facilities should be terminated. When utilizing the term "functionally equivalent services" the conferees are referring only to personal wireless services as defined in this section that directly compete against one another. The in- tent of the conferees is to ensure that a State or local government does not in making a decision regarding the placement, construe - 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. M14 The limitations on the role and powers of the Commission under this subparagraph relate to local land use regulations and are not intended to limit or affect the Commission's general author- ity over radio telecommunications, including the authority to regu- late the construction, modification and operation of radio facilities. The conferees intend that the court to which a party appeals a decision under section 332(c)(7XB)(v) may be the Federal district court in which the facilities are located or a State court of com- petent jurisdiction, at the option of the party making the appeal, and that the courts act expeditiously in deciding such cases. The term "final action" of that new subparagraph means final adminis- trative action at the State or local government level so that a party can commence action under the subparagraph rather than waiting for the exhaustion of any independent State court remedy other- wise required. With respect to the availability of Federal property for the use of wireless telecommunications infrastructure sites under section 704(c), the conferees generally adopt the House provisions, but sub- stitute the President or his designee for the Commission. It should be noted that the provisions relating to telecommuni- cations facilities are not limited to commercial mobile radio licens- ees, but also will include other Commission licensed wireless com- mon carriers such as point to point microwave in the extremely high frequency portion of the electromagnetic spectrum which rely on line of sight for transmitting communication services. CARRIERS Senate bill I Subsection (b) of section 221 of the Senate bill, s 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 ' sion' may only order equal access if a CMS provider is subject to the interconnection ob- ligations of section 251 and if the Commissjpti finds that such a re- quirement is in the public interest. C providers shall ensure that its subscribers can obtain nblocked access to the interexchange carrier of their nice through the use of interexchange carrier identifi ion codes, except that the unblocking requirement shall apply to mobile satellite services unless the Commission find is in the public interest. House amendment Under section of the House amendment, the Commission shall require pro ers of two-way switched voice CMS to allow their 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 C es of carriers from the requirements of this section if it is con - J 41 own' -wee an A- i. I. - 7 - MMMNNWI d necessity.,- ana-the 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. .�: xx,- Federal Communications Commission Wireless Telecommunications Bureau - RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP -0- ATTN: REGULATORY AdANN CELLCO PARTNERSHIP 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673 Market Name Albany -Schenectady -Troy, NY Call Sign File Number KNKA246 0006672353 Radio Service CL - Cellular Market Numer Channel Block CMA044 B Sub -Market Designator 0 Grant Date Effective Date Expiration Date Five Yr Build -Out Date Print Date 04-14-2015 04-14-2015 05-15-2025 315 04-14-2015 Site Information: Location Latitude Longitude Ground Elevation Structure Hgt to Tip (meters) (meters) 2 43-08-54.3 N 073-47-03.4 W 215.0 Address: SARATOGA: KINGS STATION ROAD City: GREENFIELD County: SARATOGA State: NY Construction Deadline: Antenna Structure Registration No. Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 41.400 174.700 188.400 175.600 172.800 110.000 -41.500 -71.300 Transmitting ERP (watts) 100.000 57.540 7.760 0.630 0.160 0.630 7.760 57.540 Antenna: 2 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 41.500 174.700 188.400 175.600 172.800 110.000 -41.500 -71.000 Transmitting ERP (watts) 1.450 19.500 79.430 95.500 36.310 3.240 0.160 0.160 Antenna: 3 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 41.500 174.700 188.400 175.600 172.800 110.000 -41.500 -71.300 Transmitting ERP (watts) 1.450 0.160 0.160 3.240 36.310 95.500 79.430 19.500 Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license not the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. FCC 601-C Page 1 of 4 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign: KNKA246 File Number: 0006672353 Print Date: 04-14-2015 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 3 42-37-39.4 N 074-00-37.4 W 554.7 46.3 Address: THACHER PARK: 5 MILES SOUTHWEST OF CAMP PINNACLE ROAD City: New Scotland County: ALBANY State: NY Construction Deadline: Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 479.100 506.400 512.200 439.300 211.900 133.200 261.500 223.800 Transmitting ERP (watts) 75.080 2.650 1.000 1.000 1.000 7.850 122.830 257.550 Antenna: 2 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 479.100 506.400 512.200 439.300 211.900 133.200 261.500 223.800 Transmitting ERP (watts) L-137.050 79.470 71.390 28.640 1.470 0.930 0.930 1.810 Antenna: 3 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 479.100 506.400 512.200 439.300 211.900 133.200 261.500 223.800 Transmitting ERP (watts) 1.000 1.000 6.450 98.460 230.900 140.000 15.040 1.000 Location Latitude Longitude �v Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 4 42-54-41.3 N 074-29-08.6 W 239.9 58.9 Address: PALATINE BRIDGE: MORNING ROAD, 1.1 MILE NORTH OF ROUTE 90 City: PALATINE County: MONTGOMERY State: NY Construction Deadline: Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 1.800 113.800 153.300 -16.900 9.400 64.300 128.700 51.600 Transmitting ERP (watts) 79.850 41.860 4.450 0.990 0.990 0.990 24.680 85.260 Antenna: 2 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 1.800 113.800 153.300 -16.900 9.400 64.300 128.700 51.600 Transmitting ERP (watts) 1.060 62.500 403.500 403.500 71.750 2.380 0.990 0.990 Antenna: 3 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 1.800 113.800 153.300 -16.900 9.400 64.300 128.700 51.600 Transmitting ERP (watts) 0.990 0.990 0.990 6.230 129.570 368.520 230.740 26.950 FCC 601-C Page 2 of 4 August 2007 Licensee Name: CELLCO PARTNERSHIP Call Sign: KNKA246 File Number: 0006672353 Print Date: 04-14-2015 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 5 43-10-40.3 N 073-55-44.5 W 469.7 Address: ALPINE: LOCATED OFF ORMSBEE ROAD City: GREENFIELD County: SARATOGA State: NY Construction Deadline: Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 97.800 242.900 307.900 353.300 310.900 80.200 60.700 59.100 Transmitting ERP (watts) 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 7 42-36-20.3 N 073-27-36.4 W Address: Fire Tower Road City: Stephentown County: RENSSELAER State: NY Construction Deadline: Antenna: 1 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 87.100 103.400 86.700 194.400 253.100 332.400 345.400 279.800 Transmitting ERP (watts) 44.000 75.960 35.390 2.610 0.290 12.190 72.680 58.030 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 8 42-58-16.3 N 074-40-50.5 W 352.4 Address: MINDEN: 0.41 MILES FROM THE INTERSECTION OF ROUTE 5S AND SANDERS ROAD BEARING 4 N 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: .q 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 Or FCC 601-C Page 3 of 4 August 2007 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. , } Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP i ATTN:REGULATORY CELLCO PARTNERSHIP � 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673 Call Sign File Number WQCS418 0006668604 Radio Service CW - PCS Broadband Grant Date Effective Date Expiration Date Print Date 04-23-2015 04-23-2015 05-13-2025 04-24-2015 Market Number Channel Block Sub -Market Designator B TA007 I C 1 6 Market Name Albany -Schenectady, NY 1st Build -out Date 2nd Build -out Date 3rd Build -out Date 4th Build -out Date 05-13-2010 Waivers/Conditions: License renewal granted on a conditional basis, subject to the outcome of FCC proceeding WT Docket No. 10-112 (see FCC 10-86, paras. 113 and 126). Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select "License Search". Follow the instructions on how to search for license information. FCC 601 -MB Page 1 of 1 April 2009 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. }COMM&Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP i 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 Effective Date Expiration Date Print Date 03-11-2016 03-11-2016 03-08-2026 03-12-2016 Market Number Channel Block Sub -Market Designator B TA007 I C 1 5 Market Name Albany -Schenectady, NY 1st Build -out Date 2nd Build -out Date 3rd Build -out Date 4th Build -out Date 03-08-2011 Waivers/Conditions: Grant of the request to update licensee name is conditioned on it not reflecting an assignment or transfer of control (see Rule 1.948); if an assignment or transfer occurred without proper notification or FCC approval, the grant is void and the station is licensed under the prior name. License renewal granted on a conditional basis, subject to the outcome of FCC proceeding WT Docket No. 10-112 (see FCC 10-86, paras. 113 and 126). Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select "License Search". Follow the instructions on how to search for license information. FCC 601 -MB Page 1 of 1 April 2009 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 i ATTN:REGULATORY CELLCO PARTNERSHIP � 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673 Call Sign File Number WQJQ689 Radio Service WU - 700 MHz Upper Band (Block C) Grant Date Effective Date Expiration Date Print Date 11-26-2008 03-26-2013 06-13-2019 Market Number Channel Block Sub -Market Designator REA001 I C 1 0 Market Name Northeast 1st Build -out Date 2nd Build -out Date 3rd Build -out Date 4th Build -out Date 06-13-2013 1 06-13-2019 Waivers/Conditions: If the facilities authorized herein are used to provide broadcast operations, whether exclusively or in combination with other services, the licensee must seek renewal of the license either within eight years from the commencement of the broadcast service or within the term of the license had the broadcast service not been provided, whichever period is shorter in length. See 47 CFR §27.13(b). This authorization is conditioned upon compliance with section 27.16 of the Commission's rules %��_ or 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. FCC 601 -MB Page 1 of 1 April 2009 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. }COMM&Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP i 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 Effective Date Expiration Date Print Date 11-29-2006 03-12-2014 11-29-2021 05-09-2014 Market Number Channel Block Sub -Market Designator REA001 I F I 11 Market Name Northeast 1st Build -out Date I 2nd Build -out Date I 3rd Build -out Date I 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?job=home and select "License Search". Follow the instructions on how to search for license information. FCC 601 -MB Page 1 of 1 April 2009 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. }COMM&Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: CELLCO PARTNERSHIP i ATTN:REGULATORY CELLCO PARTNERSHIP � 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009-7630 FCC Registration Number (FRN): 0003290673 Call Sign File Number WQGA902 0006150136 Radio Service AW - AWS (1710-1755 MHz and 2110-2155 MHz) Grant Date Effective Date Expiration Date Print Date 11-29-2006 12-28-2013 11-29-2021 02-14-2014 Market Number Channel Block Sub -Market Designator B EA005 I B 1 5 Market Name Albany -Schenectady -Troy, NY 1st Build -out Date I 2nd Build -out Date I 3rd Build -out Date I 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?job=home and select "License Search". Follow the instructions on how to search for license information. FCC 601 -MB Page 1 of 1 April 2009 TAB 6 verizonv June 27, 2019 Design Review Commission City Hall 474 Broadway Saratoga Springs, NY 12866 Network Engineering - UPNY 1275 John Street, Suite 100 West Henrietta, New York 14586 RE: Cellco Partnership d/b/a Verizon Wireless —Application for Architectural Review 25 Lake Ave. (Tax Map Section 165.52 Block 4 Lot 46.1) —Radio -Frequency Information Ladies and Gentlemen: This letter provides a brief summary of Verizon Wireless' plan to expand and upgrade its 4G wireless services in the City of Saratoga Springs. We are proposing to accomplish the necessary service improvements via collocation on the existing 74 ft. tall Hampton Inn & Suites hotel, located at 25 Lake Avenue in the City of Saratoga Springs, Saratoga County NY. Verizon Wireless proposes to mount its antennas at the 77.3± ft. level inside a stealth enclosure in the northeast corner of the building (i.e., the portion of the building furthest away from Lake Ave and Broadway). Due to factors such as distance to surrounding Verizon Wireless facilities, significant RF signal degradation and blocking from the numerous buildings along and adjacent to Broadway, exploding customer demand in the area, patches of dense local vegetation, and the 30 ft. to 40 ft. terrain drop off between Broadway and Circular Street along Henry Street, 4G coverage and capacity is insufficient in the northeastern portions of downtown Saratoga Springs. By collocating its equipment on the Hampton Inn rooftop Verizon Wireless will expand and improve its advanced 700MHz, 850MHz, PCS (1900 MHz), and AWS (2100 MHz) 4t" Generation Long Term Evolution (4G LTE) services in the northeastern portion of the city center area. More specifically, the proposed facility will improve coverage and network capacity across the area generally bounded by the Marriott Courtyard off Excelsior Avenue to the north, Nelson Avenue to the east, Phila Street to the south, and Broadway to the west. Coverage along all the main routes and local roads throughout this area including into the many homes, offices, shops, restaurants and hotels will be significantly improved in all of Verizon Wireless operational frequency bands. The geographical area described above generally falls within the Light Blue boundary shown in the aerial map at Figure 1 on the following page. Upon completion, the proposed site will provide localized network bandwidth and improved in -building coverage (most noticeably in the higher frequency AWS 2100 MHz and PCS 1900 MHz bands) to this portion of city and offer a substantial level of capacity relief to the capacity -limited sites in downtown Saratoga Springs (note that the surrounding sites experiencing reduced performance due to heavy customer usage are shown as the Red -shaded symbols oriented toward the targeted coverage and capacity improvement area). Figure 1. Targeted 4G Wireless Coverage Improvement and Capacity Offload Area In/Around Downtown Saratoga Springs. Ultimately the proposed facility will allow most if not all Verizon Wireless customers using their mobile devices in this section of the city (generally within the Light Blue boundary shown in Figure 1 above) to access Verizon Wireless' 4G network thru the Saratoga City Hall facility instead of through the surrounding capacity -limited macro network. Most notably the capacity -limited "Saratoga II" site on the building at 60 Railroad Place and "Skidmore" site on the apartment building at 77 Van Dam Street have reached their capacity limits. The proposed facility will successfully alleviate the capacity demand on these surrounding macro facilities in the City of Saratoga Springs. Lastly, the proposed facility will be designed with a future 5G deployment in mind, and the Hampton Inn rooftop facility will be a key part of building out a 5G coverage cloud across downtown Saratoga Springs. Thank you for considering this application. Very truly yours, e Rick Andras Radio Frequency (RF) Design Engineer Cellco Partnership d/b/a Verizon Wireless TAB 7 � 1 1 Tectonic— PRACTICAL SOLUTIONS. EXCEP710NAL SIERVPCE. Verizon Wireless 1Z75John Street, Suite 100 West Henrietta, NYl45OG At n: KathyPomponio RE STRUCTURAL DESIGN LETTER PROPOSED TELECOMMUNICATIONS FACILITY VER|ZONWIRELESS SITE NAME: VER[ZON WIRELESS PROJECT NUMBER: SITE ADDRESS: TECTONIC VVONUMBER: Dear Ms. Pornponio, August 13, 2018 Revised June 2O,2Ol9 SARATT)GACITY HALL 20151221722 25LAKE AVENUE, CITY C)FSARATOGA SPRINGS SARATOGACOUNTY,NY12Q68 8668.01 Verizon Wireless is proposing a telecommunication facility at the above referenced address. The site includes the installation of three Verizon Wireless antenna arrays and a steel equipment platform on the rooftop ofthe existing building located on the existing property. The antenna arrays will be installed within a 6'x6,'x8' tall faux chimney antenna enclosure located on the existing penthouse roof. The make, model, and manufacturer of the faux chimney enclosure, equipment platform, and all other 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 faux chimney enclosure and the analysis of the existing building structure'themoststr|ngentchtehaoftheZOl7NevvYorkStateUniformCodeSupp|ement andANSI/T|A- Z2Z-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 faux chimney enclosure will be designed such that the existing building structure will |nnoway beadversely affected bvthe additional loading from the proposed antenna array and shielding enclosure. AfuU 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. TECTONIC ENGINEERING &BU _ Steven M.PNoUb Manager ofEngineering Tectonic Engineering /&Surveying aaamsoAmerican Boulevard, sufto1on | Latham, wv1en10 518.783,1630 Tel 1 518.783.1544 Fax Equal Opportunity Employer I FT111 10NN0011111as] TAB 9 O O 0 0 c0 = J c0 co co W N T L �Qz w cc a) 0 J •icc 1. � N � cc 0 *-I cc cc cn 0 y to` OWN �4 y 4 F may. 1 lk M i , b 41 , . 4 " 1. of IV N! , IN -4 � It i6% p1 i 0. a 7 L-7 IN ku LU O LUH a w Er se Lr. 06U a LA IDut' IL O �O CIO C.) O �vl 0 T- C:) O co CO co O LO N O 70 O cn O CDLO CDL O O O O C� U O .C-) C� i O -1--j O CDL CD E O U C� rim N T- C:) 1 06 CO co O V O .y i E O LMO .y .O .O Cc Cc C/1 O O O O LM C/1 O O LM 0. 0 O LO N O 70 O cn O CDLO CDL CD O O O C� U O U_ C� i O O E O U O C� rim a { s a { s 617.20 Appendix B State Environmental Quality Review VISUAL EAF ADDENDUM This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0 - 1/4 1/4 -1/Z 1/2-3 3-5 5+ 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 ❑ El El ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? A site or structure listed on the National or State ❑ ❑ El❑ ❑ Registers of Historic Places? East Side Historic District State Parks? ❑ ❑ ❑ ❑ ❑ The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ National Wildlife Refuges and State Game Refuges? ❑ ❑ ❑ ❑ ❑ National Natural Landmarks and other outstanding ❑ F ❑ ❑ E1natural features? National Park Service lands? ❑ El ❑ F-1 El Rivers designated as National or State Wild, Scenic El❑ ❑ ❑ ❑ or Recreational? Any transportation corridor of high exposure, such❑ El 1:1 FF] as part of the Interstate System, or Amtrak? A governmentally established or designated interstate ❑ El❑ El El orinter-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? ❑ ❑ ❑ ❑ County road? ❑ El ❑ El 1:1 State road? RT -29❑ El 1:1 F —1 1:1 Local road? Henryt, Maple Ave, Spruce Alley, Bank Alley, McT ue Place Y Y Yg Z ❑ ❑ ❑rY ❑ Ellsworth Jones PI, Hodgeman St., & Caroline St. 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) F]Yes ZNO 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? ❑Yes [:]No DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Activity Daily Within Weekends Seasonally *'/< mile *1 mile Essentially undeveloped El F] Forested El ❑ Agricultural El F] Suburban Residential El F] Industrial El F] Commerical 171 F-1 Urban z F-1 River, Lake, Pond El F� Cliffs, Overlooks El F-1 Designated Open Space El El Flat z F-1 Hilly El F] Mountainous El F-1 Other 0 F-1 NOTE: add attachments as needed 5. Are there visually similar projects within: *% mile 91Yes Elr'No 1 mile Q Yes No 2 miles Q Yes No 3 miles Q 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 113,175,000 112 NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is: FREQUENCY Reset Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work Q 0 O O Involved in recreational activities O 0 O O Routine travel by residents O O O O At a residence (D O O O At worksite (D O O O Other O O O O Reset TAB 10 Views from platform location 5 feet above roof deck VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 South West view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 South view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 South East view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 East view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 North East view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 North view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 North West view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 Views from platform location 9 feet above roof deck VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 South West view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 South view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 South East view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 East view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 North East view rj 61 VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 North view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 North West view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 West view VZW Saratoga Town Hall — PN: 20151221722/LC: 383625 TEC WO# 8668.01 TAB 11 w0 Z Ln 0m C14 F- C14 U)> Ul R 2 w 04 CDf in u z owzN ¢wW-m 0 z -< = :2 ciIn z o C-4 cn CN rn=> 7 C) 0 tz W in- -axr - Ul) LU 0 3:0 �> Ll T m - 0 > a z W Lf C) Lo < cn N rd 0- 0� a. z Ld F— rlj z D 0 CD C'J W a m9'o I <c m LTJ t r 0 La -::C: CN (.0 t= % 1115t �5 �- <:� 8 - < t-- (n LLJ U) 7 2 0: W .0 -D (.0 LV < z (-D N-) C:) 00 (n (D 00 Ic C14 C/) 0 C, .0 .3 0.0. �'5; .-=O- orf LV 0: -) '. - 0 zw 3i u CC > < Qii cn 0:� —i C14 C) V) 'co Y Amin ln� 0 H.--ZLL Ll I- Cl) Om W<u - I=- :(Zl F7 U Ld 0 r1i , " nM LL, WLL] 5<- F- =)�- <0 L, :z WN N F LI E Ld Cf) LL, M ZO < P: 2 WCD -X(D�-LL' 0 Z % =5 6- CJ:z a- U W N 1 < CO Ld 6 < 0 Z5 0 L�j 0 < fy > U) '2 Z Lu o az o DW C"i >1 m 7 LLJ oL L I.- - L� " LLI Cf) 0 a - <N,, LU < Ll, U th Cn C') CD L = 1<0 F)fm - 1, 0 3: of o 0 Ld 0CL� 0IL] Ll 0 L:) = CD LL, < = ":z = L cn `6 ui Z = N 0 2 �2 U) LJ cn 5: F- < N N N N N N N z 0 LJ �D (D CO CD :2 D > 0 uj 0 N N N N N N n= flfaz U - :z < Z o' 0 U D 'f D < cn U� Z oul 0 C), U <C� 0 LLJ az = 0 0 Ld LO LLI D 0 M U) 0 0 < > Cn LL, LLJ > < < 0 > > Ld M < , T— (C) Ld LL] < U) -i Cf) LL] LLI LLI 0 :z 0 LL] :Z'�f U' CD :� � Ld C/) T— = az CL cr < E E 5 " :(Z) '> 0 00 CY x o 0, LL, L-Lj m m Ld m m = W CV) F- a_ - Ld Ld Z F- F- LL] Ld W < m < C) W Ld < < M z a- Ld W 0 < = = L, LL] < LL] Q� F- < F - w Ld 0 of =) < cli F- L� > 0 0 w L U) F- < 0 z m a_ n L'i � _Lj F CD < ■■ U) W 0 L -LI 0� = F- < CII r�) Lf) (D z 0� T D n m o T Ja N v):z F- < 0 u u C-) u CL D 0 Lm Q \ z z z o < U cn Ucc cn :z L� CD i LL, F- < az F- E IL :z a- Ld <~ n F - .j :z <:z Ul < 0 LLJ (-D 0 u 0 LL, LL, < - Lo F- LLJ Of .j0 o F- �L-Lj 'T U, > ce� LLJ loom < < 0 ZD 0� LLJ 0 < F- o LLI a_ :7 < W LLJ 0 (-D <, G az > �_' C 0 F- < j < < F < -H N f (D m C� (D E 9) Co < LnU J < < I 0� r) r_ M < LLJ 0 N cl7 �A D F-- D I- N r" > �<e Z LLJ UL, D CIO w < C" C) cn u U5 z cr L'i cj� Ld L'J zri < D C) Z C) cn C) 0 0 0 Ld FL: LLI LLJ co C) < Z z x CD cr) U7 U > 3: Of 0 D u LLJ < F- D F- LLI 0 LL] u = Ld a_ LLJ Cn L� 0� F- LLJ < z F-- -D --D < D < U C) F- c L'i LL] Cl) < Ld U < < 0 0 U) Ld cj:� D X 0 a- z z F- D 0 < F- il� 0� C-) 0 LLJ 0 cr) F- N U) (-D a_ < U C) D- (L = E6 F- L- 0 Ld LL, LL, F- 0) >U) F- < LL, X F- = (,, F- S, < . 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