HomeMy WebLinkAbout20190841 Verizon Wireless Facility Application PLANNING BOARD and ZONING BOARD OF APPEALS
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 SPECIAL USE PERMIT AND ROSENBERG VARIANCE
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: August 19, 2019
LÀ AL I., V If 1,1 A A .1AI 1.111 1..1.N.J.L.110 VA 1.11. LJ 'V 1-01,
PDLOFtCE USE]
toGA
CITY OF SARATOGA SPRINGS
- PLANNING BOARD (Application#)
•—z,/ !
tVt 741 .4* City Hall-474 Broadway (Date received)
crerftli 4'7 Saratoga Springs,New York 12866-2296
Tel:518-587-3550 fax:518-580-9480
(5)."
OWES) http://www.saratoga-springs.org
APPLICATION FOR: SPECIAL USE PERMIT
(Rev:03/2018)
Project Name:Verizon Wireless "Saratoga City Hall" Communications Facility
Property Address/Location:25 Lake Avenue
Tax Parcel #: 165.52-4-46.1 Zoning District: T-6
(for example: 165.52-4-37)
Proposed Use: Telecommunications facility proposed on roof of existing building
Type of Special Use Permit: El Permanent EJ Temporary El Renewable Li Modification
APPLICANT(S)* OWNER() (If not applicant) ATTORNEY/AGENT
Cellco Partnership d/b/a Verizon Wireless Turf Parillo, LLC David C.Brennan, Esq.
Name
Address 1275 John Street,Suite 100 792 Watervliet Shaker Road 5 Palisades Drive, Suite 300
West Henrietta,New York 14586 Latham,New York 12110 Albany, New York 12205
585-321-5435 518-438-9907 Ext.224
Phone
kathy.pomponio@verizonwireless.com dbrennan@youngsommer.com
Email
Identify primary contact person:1.--1\pplicant Dwner 1 Agent
*An applicant must be the property owner, lessee,or one with an option to lease or purchase the property in question.
FleasLe check the following to affirm information is Included with submission.
1 Sketch Plan Attached:
Applicant is encouraged to submit sketch plans showing features of the site and/or neighborhood and illustrate proposed
use.
cl1. Environmentai Assessment Form:
applications must include a completed SEQR Short or Long Form. SEQR Forms can be completed at
http://www.dec.ny.gov/permits/6191.html.
FlWater Service Connection Agreement- For all projects including new water connections to the City system,a copy of
a signed water service connection fee agreement with the City Department of Public Works is required and MUST be
submitted with this application.
ILikpplication Fee: $900.00 $1011.7.0_1odific_ations(check box)
A check for the total amount made payable to: "Commissioner of Finance" MUST accompany this application.
City of Saratoga Springs p. I of 2
Application for Special Use Permit
71 2 hard copies(*I signed original) and one electronic copy(PDF) of complete application and ALL attachments.
Submission Deadline- Check City's website (vv .saratoga-sr )for application deadlines and meeting dates.
Twit
Does any City officer, employee or f. °v mem .02- hereof have a financial interest(as defined by General Municipal Law
Section 809) in this application?YES NO ffil . If YES, a statement disclosing the name, residence, nature and
extent of this interest must be filed with this application.
1,the undersigned owner, leasee or purchaser under contract for the property, hereby request Special Use Permit
approval by the Planning Board for the identified property above. I agree to meet all requirements under Section 240-7.1
of the Zoning Code of the City of Saratoga Springs.
Furthermore, I hereby authorize members of the Planning Board and designated City staff to enter the property
associated with this application for purposes of conducting any necessary site inspections relating to this application.
Applicant Signature: Date: Cl i q 1 I 41
David C. Brennan, Esq., Local Regional Counsel
If applicant is not current owner, owner must also sign.
,-----------,
Owner Signature: s „---._,- ---,-------------- Date: S1ff(7/1'q
For Turf Parillo, LLC
City of Saratoga Springs p.2 of 2
Application for Special Use Permit
CITY OF SARATOGA SPRINGS
47,
ZONING BOARD OF APPEALS
rf
CiityHaft. - 474 6r
c„) (r of47. f ,_, Sar a,S
�. a'f�3 l�ie0,3s6 N o-rk/12 866
Te tz 518-587-3550 fala 518-580-q480
ODRA
INSTRUCTIONS
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPLICATION REQUIREMENTS
l. ELI I IU :To apply for relief from the City's Zoning Ordinance, an applicant must be the property
owner(s)or lessee, or have an option to lease or purchase the property in question.The Zoning Board of
P
Appeals (ZBA)shall not acceptapplication for appeal that includes a parcel which has a written violation
any
from the Zoning and Building Inspector that is not the subject of the application.
2. COMPLETE SUBMISSIONS:Applicants are encouraged to work with City staff to ensure a complete application.The
ZBA will only consider properly completed applications that contain Iand I d' version of the following:
Completed application pages 1 and 8,the pages relating to the requested relief(p. 2 for interpretation
P PP
or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting
materials/documentation. **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**
RTCompleted SEQR Environmental Assessment Form—short or long form as required by action.
P
y
httP://www.dec.n .g ov/docs/ ermits_ej_operations__pdf/seafpartone.pdf
FlDetailed "to scale" drawings of the proposed project—folded and no larger than 24"x 36". Identify all
existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to
the lot dimensions.Also, include any natural or manmade features that might affect your property(e.g.,
drains, ponds, easements, etc.).
Photographs showing the site and subject of your appeal, and its relationship to adjacent properties.
3. APPU ATION FEF NON NDABL : Make checks payable to the "Commissioner of Finance". Fees are
cumulative and required for each request below.
1111 nterpretation $500
IIse variance $1,000
ea variance
- Residential use/property $200
- Non-residential use/property$600
Lxtensions $150
Check City's website(www.saratoga-springsorg)for application meeting dates.
Revised 01/2019
ZONING BOARD APPEAL APPLICATION INSTRUCTIONS PAGE 2
PUBLIC HEARING ADVERTISEMENT
The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety(90)
days from when it is determined to be properly complete by City staff.
City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement
printed in The Saratogifan legal notices at least 5 days before the hearing.
Applicants must pay The Saratogian- for the legal ad and present proof of payment to the ZBA prior to the public
hearing. If proof of payment is not presented prior to the hearing,the hearing will be cancelled.
PROPERTY OWNER NOTIFICATION
Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following
PP 9
distances from the boundaries of the land in question:
Type of variance D nce fir roe ower notification
Use variance 250 feet
Area variance&Interpretation 100 feet
This notice must be sent at least `da : but not more than 20.da before the date of the public hearing.
Citystaff will email a copyof the"propertyowner notification letter"to the applicant.The applicant must then send
the notification letter to the nearby property owners.Applicants may not include any other materials in this mailing.
The mailingmust be certified bythe U.S.Post Office. Prior to the public hearing,applicants must present the Post
Office "certificates of mailing"to the ZBA. If"certificates of mailing" are not presented prior to the hearing,the
hearing will be cancelled.
Revised 01/2019
Q,O IFOR_.._._ OFFICE LIE.
' CITY OF SARATOGA SPRINGS
o
;0- 1.:1444 Csbty I-1 akt, - 474 (Application#)
A-141N .4
is Sora ga, N ever Yo-rk.12.8 66
Ta: 5s.8-587-3550
� 518-580-448o
4 (Date received)
PoRATtu
APPLICATION FOR:
APPEAL TO THE ZONING BOARD FOR AN
INTERPRETATION, USE VARIANCE,AREA VARIANCE AND/OR VARIANCE EXTENSION
APPi1
.LA INT OWNERS)air nor applicant) A ToI '' EN
..
Cellco Partnership d/b/a Verizon Wireless Turf Parillo, LLC David C.Brennan, Esq.
Name
1275 John Street,Suite 100 792 Watervliet Shaker Road 5 Palisades Drive, Suite 300
Address
West Henrietta, New York 14586 Latham,New York 12110 Albany,New York 12205
585-321-5435 518-438-9907 Ext. 224
Phone /_ /
kathy.pomponio@verizonwireless.com dbrennanGyoungsommer.com
Email
*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 the premises: 0 Owner 0 Lessee 0 Under option to lease or purchase
PROPERTY INFORMATION
25 Lake Avenue 165 52 4 46.1
I. Property Address/Location: Tax Parcel No.:
(for example: 165.52 4 37)
March 14,2007 unknown
2. Date acquired by current owner: 3.Zoning District when purchased:
Hotel T-6
4. Present use of property: 5.Current Zonin..... g District:'
6. Has a previous ZBA application/appeal been filed for this property?
❑Yes(when?_ For what?
IZ No
7. Is property located within(check all that apply)?: 0 Historic District 0 Architectural Review District
Z 500'of a State Park,city boundary,or county/state highway?
8. Brief description of proposed action:
Telecommunications facility pon roof of existing building._Please see
attached Statement of Intent for a more detailed description of theproject.
9. Is there a written violation for this parcel that is otthe"� ujct of this application? 0 Yes No
10. Has the work, use or occupancy to which this appeal relates already begun? Yes No
I I.Identify the type of appeal you are requesting (check all that apply):
❑ INTERPRETATION(p.2) 0 VARIANCE EXTENSION(p.2) 0 USE VARIANCE(pp.3-6) lZ AREA VARIANCE(pp.6-7)
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
FEES:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below.
❑ Interpretation $ 500
❑ Use variance $1,000
❑Area variance
-Residential use/property: $ 200
-Non-residential use/property: $ 600
❑ Extensions: $ 150
INTERPRETATION—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
I. Identify the section(s)of the Zoning Ordinance for which you are seeking an interpretation:
Section(s)
2. How do you request that this section be interpreted?
3. If interpretation is denied,do you wish to request alternative zoning relief? Dyes ONo
4. If the answer to#3 is"yes,"what alternative relief do you request?❑ Use Variance 0 Area Variance
EXTENSION OF A VARIANCE-PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
I. Date original variance was granted: 2. Type of variance granted? 0 Use 0 Area
3. Date original variance expired:
5. Explain why the extension is necessary.Why wasn't the original timeframe sufficient?
When requesting an extension of time for an existing variance,the applicant must prove that the circumstances upon which the original
variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the
neighborhood,or within the circumstances upon which the original variance was granted:
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 3
USE..VARIANCE--PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
A use variance is requested to permit the following:
For the Zoning Board to grant a request for a use variance,an applicant must prove that the zoning regulations create an unnecessary
,h r s ip in relation to that property. In seeking a use variance,New York State law requires an applicant to prove all four of the following
"tests".
I That the applicant cannot realize a reasonable financial return on initial investment for anyur nt'y permitted use on the property.
"Dollars¢s"proof must be submitted as evidence.The property in question cannot yield a reasonable return for the following
reasons:
A. Submit the following financial evidence relating to this property(attach additional evidence as needed):
I)Date of purchase: Purchase amount: $
2) Indicate dates and costs of any improvements made to property after purchase:
Date Improvement: Cost
3)Annual maintenance expenses: 4)Annual taxes:$
5)Annual income generated from property:$
6)City assessed value: $ Equalization rate: Estimated Market Value:$
7)Appraised Value:$ Appraiser: Date:
Appraisal Assumptions:
............ ...
Revised 01/2019
ZONING BOARD OF APPEALS APPLICAT7ON FORM PAGE 4
B. Has property been listed for sale with E3Yes If"yes",for how long?
the Multiple Listing Service(MLS)? EON°
I)Original listing date(s): Original listing price:$
If listing price was reduced,describe when and to what extent:
2) Has the property been advertised in the newspapers or other publications? [2]Yes ON°
If yes,describe frequency and name of publications:
3)Has the property had a"For Sale"sign posted on it? E3Yes 0 No
If yes,list dates when sign was posted:
4) How many times has the property been shown and with what results?
2. That the financial hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood.
Difficulties shared with numerous other properties in the same neighborhood or district would not satisfy this requirement.This
previously identified financial hardship is unique for the following reasons:
Revised 01/2019
ZONING BOARD OF APPEALS APPLICATION FORM PAGE S
3. That the variance, if granted,will not alter the essential character of the nekhbo hood.Changes that will alter the character of a
neighborhood or district would be at odds with the purpose of the Zoning Ordinance.The requested variance will not alter the
character of the neighborhood for the following reasons:
4. That the ale:ed hardshi.has not. sel-created.An applicant(whether the property owner or one acting on behalf of the property
owner)cannot claim"unnecessary hardship"if that hardship was created by the applicant,or if the applicant acquired the property
knowing(or was in a position to know)the conditions for which the applicant is seeking relief.The hardship has not been self-created
for the following reasons:
Revised 01/2019
ZONING BOARD OF APPEALSAPPLICA77ON FORM PAGE 6
AREA VARIANCE—PLEASE ANSWER THE FOLLOWING(add additional information as necessary):
Table 3 T-6 max bldg height
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements_ From To
Table 3 T-6 max height(70') 73.8 80.8
Other:
To grant an area variance,the ZBA must balance the benefits to the applicant and the health,safety,and welfare of the neighborhood and
community,taking into consideration the following:
1. Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have
been explored(alternative designs,attempts to purchase land,etc)and why they are not feasible.
Please see attached Statement of Intent for discussion of the
resented more
Rosenber Variance standard. Thea Ilcant has p g pp
than 5diferent options to the office of Planning
& Economic
4
eve .-:� rnen or to o -n as en e acae a • or
6 6 w. 0
Wit- a - s ..:
,fr
proposed.
2. Whether granting the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby
properties. Granting the variance will not create a detriment to nearby properties or an undesirable change in the neighborhood
character for the following reasons:
Please see attached statement of Intent for discussionof the
The additional height is limited to aRosenber Variance standard.
7'x7' enclosure at the rear of the building to surround the antennas.
The brick match the existing color, texture and mortar colors.
Revised 01/2019
ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
'
Please see attached Statement of Intent for discussion of the
Rosenberg Variance standard. Asa percentage increase, the
reques e• variance is no suss an la . n a. • i ion, as a
9 - - . 9 - 9 0 - . 9 - 99 - - 0 , - 9
MinirrilS.
4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not
have an adverse physical or environmental effect on the neighborhood or district for the following reasons:
Please see attached Statement of Intent for discussion of the
Rosenberg Variance standard. The office of Plannin &
-yam • • • 6 it • 4 • eU
•
•
antennas flush mounted to the facade. The •ro•osal corn• etel_
in that will allow full functionality.
hides the antennas a manner
5. Whether the alleged difficulty was self-created(although this does not necessarily preclude the granting of an area variance).Explain
whether the alleged difficulty was or was not self-created:
' . .....
Please see attached Statement of Intent for discussion of the.
Rosenberg Variance standard. The project is a result ofVerizon
.::..................... .........................:... :..:....
ire ess neesing o improve i s coverage an . capaci y see a.
V .t . 1.11
a & a‘ 11 at !
a►
traditional mount structure and could do so but that was
variance was
unacceptable to the City. In the other scenarios a p
y us e
not necessary. • i icu is creates sue to our efforts to
Revised 01/2019
ZONING BOARD OF APPEALS APPLIG4TION PORN PAGE 8
wsisat,-ei...1451ffi 1.0.000000000000
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? 7J No fJ Yes If"yes",a statement disclosing the name,residence and nature and extent of this interest must be filed
with this application.
APPLICANT 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 Zoning Board of Appeals.
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.
Furthermore, I/we hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property
associated with this application for purposes of conducting any necessary site inspections relating to this appeal.
/
David C. Brennan, Esq. Date:
(applicant signature) Local Regional Counsel
Date:
(applicant signature)
If applicant is not the currently the owner of the property,the current owner must also sign.
Owner Signature: Date: L
For Turf Parillo, LLC
Owner Signature: Date:
Revised 01/2019
PLANNING BOARD and ZONING BOARD OF APPEALS
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 SPECIAL USE PERMIT AND ROSENBERG VARIANCE
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 12]
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) and application has been made to the DRC by submission dated June 28, 2019. The City has
reviewed that application and identified that the application requires a variance for the structure
height from the Zoning Board and issuance of a Special Use Permit from the Planning Board. See
Zoning Ordinance§240-6.3.2(A)(2)1.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)2.
As to the variance for structure height,the building is located in the T-6 Urban Core Zoning
District and Table 3 of the Zoning Ordinance identifies a 70-foot maximum building height.
Notably, Zoning Ordinance § 240-3.1.2(E)(3) provides that "Rooftop mechanical systems may
1 New telecommunication equipment that is proposed to be added to an existing approved structure, other than an
approved telecommunications facility, shall require a special use permit, architectural review (or historic review if
located within an historic district),and site plan review if applicable per Article 7.2 Site Plan Review."
2 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.
1
exceed the maximum building height provided they do not exceed 25%in aggregate coverage of the
roof area and are adequately screened and set back from the building facade." Upon information
and belief,the Building Department has determined that the proposal does not constitute a"rooftop
mechanical system" although that term is undefined in the Ordinance and no written determination
has been received by the Applicant. Accordingly, the Applicant is making this submission in
furtherance of an application for an area variance for the overall height of the structure.The existing
building height is 65'± AGL to the top of the building parapet and 73.8'± AGL to the top of the
penthouse parapet.The proposed stealth brick enclosure (chimney)would be placed on top of the
penthouse with a centerline height of approximately 77.3'± AGL and an overall height of 80.8'±
AGL.The structure is six feet wide and six feet deep and is placed in the rear corner of the building.
See TAB 12 at sheets C-3 and C-4.
With respect to the variance relief 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).
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;
2
7. Notice of Discontinuance and Removal: Verizon Wireless will notify the Zoning
Officer within 30 days of the discontinuance of the approved telecommunications
facility, and agrees that all equipment will be removed from the site within 4 months
of the date of discontinued use. See Zoning Ordinance § 6.3.2(C).
8. Colocation Consideration: This application is for the colocation of a
telecommunications facility on an existing structure and not for a new tower.
Accordingly, the provisions of Zoning Ordinance § 6.3.2(B)(2)(a) requiring a
demonstration that colocation is not feasible are inapplicable.
9. Colocation Commitment: The proposed facility is not a new tower which is the type
of structure traditionally subject to a colocation commitment from a structure owner.
The stealth structure is sized and designed to the minimum dimensions to conceal
the Verizon Wireless antennas. See Zoning Ordinance § 6.32(B)(2)(b).
10. Non -Interference Certification: As required by Zoning Ordinance § 6.3.2(B)(2)(c), a
Non -Interference Certification prepared by Verizon Wireless' in-house RF Engineer
is attached to these materials as TAB 11.
11. FCC Licenses: Copies of Verizon Wireless' FCC Licenses are attached to this
application as TAB 5. See Zoning Ordinance § 6.3.2(B)(2)(d).
V. Compliance with the Variance Standard
A. COMPLIANCE WITH ROSENBERG STANDARD:
1. Facility is Necessary: The Applicant has provided expert proof in the form
of a report from its Radio Frequency (RF) Design Engineer demonstrating
that (i) there is an inadequate and unsafe level of Verizon Wireless coverage
in the identified area of Saratoga Springs [TAB 61; and (ii) a new
communications facility is necessary to provide adequate and safe hand-held
coverage to this area.
2. No Existing Viable Towers or Tall Structures: In connection with this
evaluation, the Applicant has retained the services of a real estate expert
working in the telecommunications field to assist in the identification of
existing towers in and around the search area. Based upon a thorough
review of the search area, it is clear that there are no existing towers that can
be used to provide adequate and safe service to this area of the City of
Saratoga Springs.
3. Proposed Site Meets Coverage Objectives: The RF Report graphically
identifies the area that will benefit from improved coverage should the
facility be approved.
4. Scale and Height: Verizon Wireless' antennas broadcast at extremely low
power levels and need to clear surrounding terrain and all natural and man-
made objects to function properly. Accordingly, to provide adequate and
safe coverage and capacity to the identified area the antennas must be
elevated above the existing roof line or flush mounted to the building f a�ade.
That is, the antennas are typically placed on roof mounted sled and placed at
4
the edge of the roof to address interference and signal degradation issues
associated with other roof top equipment and parapets. Flush mounting is
not an available option due to property owner and tenant requirements.
5. Rosenberg Relief Necessary and Unavoidable: Based upon the
comprehensive evaluation completed by the Applicant's Radio Frequency
(RF) Engineering and Real Estate experts, there are no existing towers that
can be used by Verizon Wireless to provide adequate and safe coverage and
capacity to this area of the City of Saratoga Springs. Having identified an
appropriate tall structure for collocation and obtained a lease agreement
with the owner, based on the design requirements imposed by the City and
the property owner, traditional sled mounts and flush mounting will not be
allowed or approved for this building. In order for the wireless technology to
work, placement of the antennas above existing rooftop equipment and
parapets necessitates the elevation of the antennas at the proposed location.
To address visual concerns, a stealth enclosure made of stealth brick material
to match the existing brick and mortar color, design and texture is proposed
to conceal the antennas.
B. COMPLIANCE WITH TRADITIONAL AREA VARIANCE STANDARD:
While not conceding that the traditional area variance standard is applicable to this
matter due to the Rosenberg decision, the Applicant will nevertheless identify the
traditional area variance criteria and demonstrate how the project complies. The
City's Zoning Ordinance § 8.3.1(A)(1-5) and § 8.3.3. identify the criteria to be
evaluated:
1. Zoning Ordinance § 8.3.1(A): In making its determination whether to grant
an area variance, the ZBA shall take into consideration the benefit to the
applicant if the variance is granted, as weighed against the detriment to
the health, safety and welfare of the neighborhood or community by such
grant. The Applicant is tasked under its FCC licenses to provide
telecommunications services within its licensed area. While the Applicant
accrues the benefit of providing its licensed service, it is the community as a
whole, public safety providers and the traveling public that also are the
recipients of improved wireless telecommunications services. These services
are used by a majority of households within any given community and more
and more households have "cut the cord" and done away with a traditional
landline service, leaving wireless telecommunications services as their only
means of voice communications. In comparison, by virtue of the fact that the
proposed facility is a 6' x 6' stealth brick enclosure, it will be substantially
invisible to the public. The facility will increase the existing structure height
by a mere seven feet and occupies an extremely small percentage of the
existing rooftop area of the building. The overall welfare of the
neighborhood or community is far better served by having reliable wireless
telecommunications coverage for the benefit of emergency services, 911 calls,
general personal use and business use as compared to any potential impact
of a stealth enclosure.
RF safety concerns are preempted by the FCC. Nonetheless, the applicant
has submitted a report by a New York State licensed Professional Engineer
5
determining that the RF power levels are less than 1 % of that allowed by the
FCC. Thus, there are no health or safety concerns. With respect to safety
concerns, the structure is being designed by a licensed Professional Engineer
and the Applicant has submitted a structural evaluation by a Professional
Engineer attesting to the fact that the building itself has structural capacity to
support the nominal weight of the antenna structure.
2. Zoning Ordinance § 8.3.1(A)(1): Whether an undesirable change will be
produced in the character of the neighborhood or a detriment to nearby
properties will be created by the granting of the area variance. As noted
throughout this application and specifically in the photo simulations that
have been included, there is no undesirable change produced to the
character of the neighborhood or detriment to nearby properties. The
proposed antennas will be enclosed in a very small stealth enclosure that is
designed and will be constructed to match the brick and mortar color, design
and texture of the existing facility such that it will look like a natural
extension of that building. There is no health or safety concerns with the
structure as described above. Therefore, there is no colorable claim that there
will be an undesirable change to the character of the neighborhood or
detriment to nearby properties.
3. Zoning Ordinance § 8.3.1(A) (2): Whether the benefit sought by the
applicant can be achieved by some method feasible for the applicant to
pursue, other than an area variance. As noted in these materials, the
Applicant sought to submit a proposal to the City that did not require a
variance. To that end, a pre -application meeting was held with City staff on
September 26, 2018 at which time four different designs were submitted for
consideration and each was determined to not be approvable by the Design
Review Commission. None of these designs would have required an area
variance. A fifth design was prepared, flush mounting the antennas to the
facade. This was rejected by the Hampton Inn & Suites as inconsistent with
their corporate design policies. A sixth design version does not exist due to a
jump in the numbering. A seventh design version was prepared utilizing
fewer antennas on sleds and wrapped with a reflective concealment material
but was rejected by the City. The eighth design proposed flush mounted
antennas which was rejected by Hampton Inn & Suites. The ninth design
version proposed antennas flush mounted to the sides or the decorative
arches on the roof line. The proposal was also rejected by Hampton Inn &
Suites. Design Version 10 is similar to Design Version 11 but omitted the
equipment platform and is therefore not counted in the total number of
versions proposed. Design Version 11 (the 9th total design iteration) is
proposed for approval. Each of the prior versions would not have required
any variances. The Verizon Wireless team also explored other rooftops and
locations. Clearly, there is no undeveloped land or other location for a new
tower. Other rooftops that were explored within this area would not work
from a constructability standard, were not available or would not work from
an RF perspective. The proposed building is the appropriate candidate for
approval. Due to the restrictions imposed by the City on the design, as well
as the limitations on approval by the existing tenant, the project is not
feasible by another method.
4. Zoning Ordinance § 8.3.1(A) (3): Whether the requested area variance is
substantial. The proposal is to increase the height of the existing structure
(73.8 feet) by 7 feet. Mathematically speaking this is an increase of 9.5%.
Using the maximum building height for the district of 70 feet, the 7 foot
increase is a variance of 10%. Regardless of what number is used, neither
constitutes a substantial variance mathematically or under decisional law.
Moreover, when viewed from its location in the "gut," the roof line of this
building is still comparatively lower than most of the buildings on Broadway
and therefore does not have an inappropriate sense of proportion or height.
5. Zoning Ordinance § 8.3.1(A)(4): Whether the proposed variance will have
an adverse effect or impact on the physical or environmental conditions in
the neighborhood or district. Due to the use of a concealed structure
matching the existing materials of the building, the small size of the overall
project, the lack of ground disturbance, it is submitted that there is no
credible claim that the project will have an adverse effect or impact on the
physical or environmental conditions of the area.
6. Zoning Ordinance § 8.3.1(A)(5): Whether the alleged difficulty was self-
created, which consideration shall be relevant to the decision of the ZBA,
but shall not necessarily preclude the granting of an area variance. As
noted above, Verizon Wireless submitted numerous alternatives to both the
City and the anchor tenant. In each case the versions that did not require a
variance were rejected. From the applicant's perspective the difficulty is not
self-created. Rather, it is created by the positions taken by the City and the
Tenant that require Verizon Wireless to employ a design alternative.
7. Zoning Ordinance § 8.3.3: The ZBA, in granting a use or area variance,
shall grant the minimum variance that it shall deem necessary and
adequate while, at the same time, preserving and protecting the character
of the neighborhood and the health, safety and welfare of the community.
The Applicant submits that the variance that is being applied for is the
minimum variance required. Typically, Verizon Wireless deploys 8 -foot -tall
antennas. This would require a 9 -foot -tall enclosure. Verizon Wireless
decided to utilize shorter antennas (6 -foot -tall) than is preferred to limit the
overall height of the structure to the minimum required.
VI. Compliance with Special Use Permit Standards
The special use permit criteria applicable to telecommunications facilities located at Zoning
Ordinance § 6.3.2(B)(2) are discussed in Section IV of this Statement of Intent.
A. COMPLIANCE WITH THE SPECIAL USE PERMIT EVALUATION CRITERIA:
The Zoning Ordinance § 7.1.3(A) states that to ensure that the proposed use will
not adversely affect surrounding properties and community character, the
Planning Board's evaluation of Special Use applications shall include the
following:
1. The extent to which the use is in harmony with and promotes the general
purposes and intent of the Comprehensive Plan and this Chapter. The
7
Comprehensive Plan lists several relevant provisions that support the
deployment of wireless telecommunications facilities:
• Recommended Action 3.1-25 - Establish services needed to attract
global visitors and investors to the community. Wireless
telecommunications facilities that function well and provide the required
connectivity and data speeds are a preeminent concern for traveling tourists
and business persons. The failure to properly plan for and deploy wireless
telecommunications facilities will serve to detract from the City's ability to
attract and host the desired visitors as the ability to maintain
communications during business and leisure time activities continues to be a
preeminent concern of those who travel.
• Recommended Action 3.1-30 - Promote and accommodate an
increase in visitors during fall, winter and spring by supporting the
diverse recreational and entertainment amenities of the City. The stated
goal to accommodate an increase in visitors outside of the traditional
summer months/ track season makes good business sense for the
community. That being said, with an increase in visitors, whether during the
summer or other seasons, the infrastructure facilities need to be present to
accommodate that increase. As identified by Verizon Wireless, the existing
network requires an improvement to handle the existing traffic attempted to
be handled by the existing network.
• Recommended Action 3.1-40 - Develop a forward-looking strategy,
including increased fiber optics and municipal wireless network (public
wifi), to accommodate the increasing prevalence of home office activities,
telecommuters, and changing business/community needs. Similar to this
proposed action, the use of wireless telecommunications facilities is ever-
changing. More and more homes have cut the cord and utilize wireless
devices for communications exclusively. Similarly more and more people
work from home and rely on robust wireless networks and other
technologies for their data and communication needs. As pointed out in the
Comprehensive Plan, these decisions and activities must be deployed in a
forward-looking strategy. Along the same lines, Verizon Wireless has
identified an existing deficiency in its network that needs to be improved to
maintain services.
• Recommended Action 3.1-41 - Utilize new technologies, such as
smart phone applications and interactive websites, to promote business,
economic development, and tourism. In order to advance this action, the
smart phone network must function appropriately to have the necessary
coverage, capacity and data speeds. As contemplated in the Comprehensive
Plan the use of technologies is ever-changing and growing. To keep pace
with these developments Verizon Wireless must continually evaluate and
upgrade its network to meet existing and emerging demands. The proposed
site is in an identified area that requires improved coverage and capacity.
• Recommended Action 3.2-60 - Develop an emergency
communication system that can educate, alert and protect the public from
hazards. Any emergency communications system will necessarily also
include use of the wireless telecommunications network to disseminate
information. For that reason, a robust, reliable network is necessary and
appropriate. For the Verizon Wireless network to properly continue to
E
function, Verizon Wireless is continually monitoring performance and
making necessary upgrades, such as this project, to maintain performance.
• Recommended Action 3.4-61- Work to ensure that all areas of the
community are adequately serviced by fire, police and emergency medical
response. To ensure the adequate provision of emergency services, a key
component is access to the 911 system. More than 55% of the households
have only a mobile phone for voice calls. According to the National
Emergency Number Association over 80% of 911 calls originate from mobile
phones. Given these statistics, the importance of a robust
telecommunications network that is able to handle the needs of the residents
of the City is of utmost importance.
2. The density, intensity and compatibility of the use with the neighborhood
and community character. The project is a small portion of the overall roof
area of an existing seven story building. The Verizon Wireless lease area
totals approximately 190 square feet of space as compared to the significant
footprint of the existing building. Density is not a measure that is typically
relevant to telecommunications facilities. Rather density usually measures
units per acre in residential zoning matters. As such it is not applicable. The
use is not intense by any standard measure. After a short construction
period, the facility is unmanned. It emits no noise, has no light, requires no
visitors, creates no schoolchildren, demands no municipal services, and is
generally invisible to the neighboring community. However, it does provide
a valuable public service/ utility service by maintaining the coverage and
capacity of the Verizon Wireless telecommunications network which is an
important public safety component and business necessity in a vibrant
downtown community.
3. Safe and efficient pedestrian and vehicular access, circulation and parking.
The proposal will not affect pedestrian and vehicular access, circulation or
parking. The facility, once constructed, is unmanned and visited
approximately 2 to 3 times a year. There is ample street -level parking to
accommodate the occasional visits during operation. With respect to
construction, the project is minor in nature and is no different than any other
construction project in any large city. Appropriate measures for sidewalk
barriers, traffic control and the like will be applied for and arranged with the
various City departments.
4. The environmental and natural resources of the site and neighboring
lands including any potential erosion, flooding or excessive light, noise,
vibration and the like. There are limited natural resources at the site and
surrounding lands. The site is located within an area of downtown Saratoga
Springs that is fully developed and built out. The project itself has no ground
disturbance and is entirely within the building or on its roof. As a result
there is no potential for erosion, flooding or other environmental impacts
deriving from the project. The project is not proposed to have lighting. There
will be minor noise typical of construction projects during the construction
phase and otherwise there is no noise associated with the ongoing operation
of the facility. Similarly there is no vibration caused by the construction or
operation of the site.
I
5. The long-term economic viability of the site, neighboring properties and
districts. As the facility is proposed to be a stealth structure, the Applicant
submits that there is no impact on the long-term economic viability of the
site, neighboring properties or districts. Once constructed the facility will be
substantially invisible to the neighboring public and street -level pedestrian
and automotive traffic. As the site is fully enclosed and appears to be part
the existing building, it is submitted that there is no valid claim that there
can be any impact on the economic viability of the property or nearby
properties.
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.
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
10
noted throughout, the Applicant worked closely with City staff and the Building Owner to arrive at
a proposal that was acceptable. During the course of this process, the Applicant prepared and
submitted nine different versions of the plans with photosims to address the stated concerns.
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.
VII. Conclusion
Approval of this project will enable Verizon Wireless to continue to provide an adequate
and safe level of hand-held wireless telephone service to a busy area of the City of Saratoga Springs,
within the confines of applicable technological limitations and in compliance with all applicable
land use requirements. Such approval will also be in the public interest, in that it will allow Verizon
Wireless to comply with its statutory mandate to build out and operate its network and provide
local businesses, residents and public service entities with safe and reliable wireless
communications services. For the reasons set forth herein, Verizon Wireless respectfully submits
that this project complies in all material respects with the requirements of the City's Land Use Laws
and any potential impact on the community created by approval of this project will be minimal and
of no significant adverse effect.
Attached to this Application and Statement of Intent are the following:
1) Full Environmental Assessment Form (""Full EAF") prepared by Tectonic
Engineering & Surveying Consultants P.C.;
2) Redacted 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;
11
7) RF Safety FCC Compliance Report prepared by Paul Dugan, P.E. of Millennium
Engineering, P.C.;
8) Structural Certification of Tectonic Engineering;
9) Compilation of design revisions/ photographic simulations submitted to City Staff
for consideration;
10) Rooftop Views from Location of Base Station Equipment prepared by Tectonic
Engineering;
11) Non -Interference Letter prepared by Verizon Wireless Network Engineering
Department; and
12) 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.
Dated: August 19, 2019
Respectfully submitted,
CELLCO PARTNERSHIP d/b/a Verizon Wireless
David C. Brennan, Esq.
Regional Local Counsel
12
TAB 1
Full Environmental Assessment Form
Part l - Project and Setting
Instructions for Completing Part 1
Part I 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 lis 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, dlbla Verizon Wireless
E -Mail: Kathy.Pomponio@VerizonWireless.com
Address: 1275 John Street, Suite #100
City/PO: West Henrietta
State: New York
Zip Code: 14586
Project Contact (if not same as sponsor; give name and title/role):
Telephone: (518) 229-8699
David C. Brennan, Esq., Young/Sommer LLC
E -Mail: ❑Brennan@youngsvmmer.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
City1PO:
Latham
State:
New York
Zip Code:
12110
Page I 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®No
®Yes❑No
or Village Board of Trustees
b. City, Town or Village ®Yes❑No
Planning Board --- Special Use Permit
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan,
or an adopted municipal farmland protection plan?
If Yes, identify the plans):
Planning Board or Commission
c. City Council, Town or E?1Yes[]No
Zoning Board of Appeals -- Area Variance for
Village Zoning Board of Appeals
Height
d. Other local agencies ®Yes ❑ No
Building Department - Building Permit
TBD
Design Review Commission - Architectural Review
e. County agencies ®Yes ❑ No
County Planning Board 239-m referral
TBD
f. Regional agencies ❑ Yes®No
g. State agencies ❑ Yes®No
h. Federal agencies ❑ Yes ®No
i. Coastal Resources.
i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ❑Yes g]No
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ Yes®No
iii. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes®No
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
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 I
❑ Yes ®No
C.2. Adopted land use plans.
a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site
where the proposed action would be located?
If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action
would be located?
®Yes ❑ No
❑ Yes®No
b. Is the site of the proposed action within any local or regional special. planning district (for example: Greenway
Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan;
or other?)
If Yes, identify the plans):
NYS Heritage Areas:Mohawk Valley Heritage Corridor NYS Heritage Areas:Sarato a
®Yes❑No
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan,
or an adopted municipal farmland protection plan?
If Yes, identify the plans):
❑ Yes®No
Page 2 of 13
C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ® Yes ❑ No
If Yes, what is the zoning classification(s) including any applicable overlay district?
T6 - Transect Zone 6 Urban Gore
b. Is the use permitted or allowed by a special or conditional use permit? ® Yes ❑ No
c. Is a zoning change requested as part of the proposed action? ❑ Yes[Z]No
If Yes,
i. what is the proposed new zoning for the site?
CA. Existing community services.
a. In what school district is the project site located? Saratoga Springs City School District (3 Blue Streak Boulevard, Saratoga Springs,, NY 12866)
b. what police or other public protection forces serve the project site?
Saratoga Springs Police Department (5 Lake Ave, Saratoga Springs, NY 12866)
c. Which fire protection and emergency medical services serve the project site?
Saratoga Springs Fire Department 60 Lake Ave, Saratoga Springs, NY 12866
d. What parks serve the project site?
High Rock Park High Rock Ave Saratoga Springs, NY 12866
D. Project D eta ils
D.I. Proposed and Potential Development
a. what is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all
components)? unmanned public utility/personal wireless service facility
b. a. Total acreage of the site of the proposed action? 11.27 acres
b. Total acreage to be physically disturbed? 0,0 acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? g.01 gg acres
c. Is the proposed action an expansion of an existing project or use? ❑ Yes® No
i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units,
s qu are feet)? % Units:
d. Is the proposed action a subdivision, or does it include a subdivision? ❑ Yes ®No
If Yes,
i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types)
ii. Is a cluster/conservation layout proposed? ❑Yes []No
iii. Number of lots proposed?
iv. Minimum and maximum proposed lot sizes? Minimum Maximum
e. will proposed action be constructed in multiple phases? ❑ Yes®No
i. If No, anticipated period of construction: 2 months
ii. If Yes:
Total number of phases anticipated
Anticipated commencement date of phase 1 (including demolition) month year
Anticipated completion date of final phase month year
Generally describe connections or relationships among phases, including any contingencies where progress of one phase may
determine timing or duration of future phases:
Page 3 of 13
f. Does the project include new residential uses? ❑ Yes ®No
If Yes, show numbers of units proposed.
One FTwo Fa_ mils Three Fa, mils 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` CHI M height; 9.3' PLF Width; and 11.9' PLF Iength
iii. Approximate extent of building space to be heated or cooled: o 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,
L Purpose of the impoundment:
ii. If a water impoundment, the principal source of the water: ❑ Ground water ❑ Surface water streams Dother 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? E]Yes[]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? Elyes[]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:
L 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 products):
v. Describe any proposed reclamation/mitigation following disturbance:
c. Will the proposed action use, or create a new demand for water?
❑ Yes 9No
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 ❑No
If Yes:
* Name of district or service area:
Does the existing public water supply have capacity to serve the proposal?
Is the project site in the existing district?
❑ Yes❑ No
❑ Yes❑ No
Is expansion of the district needed?
❑ Yes❑ No
* Do existing lines serve the project site?
❑ Yes❑ 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:
0 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:
L Total anticipated liquid waste generation per day: gallons/day
H. 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?
El Yes ❑No
If Yes:
0 Name of wastewater treatment plant to be used:
0 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?
El Yes ❑No
a 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. Hove 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)
NIA
iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation)
NIA
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)
i Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs)
® Tons/year (short tons) of Hazardous Air Pollutants (HAPs)
Page 6 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:
Qudng construction noise associated with the operation of construction e ui ment.
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), locations), height of fixture(s), direction/aim, and proximity to nearest occupied structures:
Two Z switch operated LED -light fixtures attached to the corner posts of the proposed designed to illuminate the area in and around the
-platform,
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 treatments):
ii. Will the proposed action use Integrated Pest Management Practices?
❑ Yes El 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/pro cessing:
Tonslmonth, if transfer or other non-combustion/thermal treatment, or
Tons/hour, if combustion or thermal treatment
in. If landfill, anticipated site life: years
t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑ Yes ®No
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:
in. 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? ❑Yes❑ No
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
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 +1-}
■ 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)
r other
Describe:
Page 9 of 13
c. Is the project site presently used by members of the community for public recreation? ❑ YesO No
L 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:
Sarato a Assembl of God St. Pauls Lutheran Church Lake Avenue ElementarV School Soul Saving Station Church Sarato ian LibrarV
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. Darn's existing hazard classification:
W. 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):
[I Yes — Environmental Site Remediation database Provide DEC ID number(s):
❑ Neither datab as e
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 numbers): V00475 , C546057, 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. 0546057: SCP 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 subj ect to an institutional control limiting property uses?
ElYes®No
• 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 bear ]Project Site
a. what is the average depth to bedrock on the project site? >g feet
b. Are there bedrock outcroppings on the project site?
❑ Yes®No
If Yes, what proportion of the site is comprised of bedrock outcroppings? %
c. Predominant soil type(s) present on project site: DeA: Deerfeld Loam Fine Sand 100 %
a/a
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%: loo % of site
❑ 10-15%: % of site
❑ 15% or greater: % of site
g. Are there any unique geologic features on the project site?
❑ Yes®No
If Yes, describe:
h. Surface water features.
i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers,
❑Yes®No
ponds or lakes)?
ii. Do any wetlands or other waterbodies adjoin the project site?
❑Yes®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:
0 Streams: Name Classification
® Lakes or Ponds.: Name Classification
i wetlands: Name Approximate Size
0 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 oNo
j. Is the project site in the 100 year Floodplain?
❑ Yes ONo
k. Is the project site in the 500 year Floodplain?
®Yes ❑ No
1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer?
®Yes ❑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 oppassums Raccnnns
Birds Chipmunks Rabbits
n. Does the project site contain a designated significant natural community?
❑Yes ®No
If Yes:
i. Describe the habitat/community (composition, function, and basis for designation):
ii. Source(s) of description or evaluation:
W. 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
❑Yes®No
special concern?
q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing?
❑ Yes®No
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 ®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®No
i. If Yes: acreage(s) on project site?
ii. Source(s) of soil ratings):
c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National
❑Yes®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?
❑Yes®No
If Yes:
i. CEA name:
ii. Basis for designation:
W. 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 ®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 adjacent 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 resources):
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 Libra
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
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in [:]NO [:]YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E. La, E. Lb, E.3.h.)
If "Yes ", answer questions a - g. If "No ", go to Section 10.
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. Proposed action may be visible from any officially designated federal, state, or local
E3h
❑
❑
scenic or aesthetic resource.
nominated by the NYS Board of Historic Preservation for inclusion on the State or
b. The proposed action may result in the obstruction, elimination or significant
E3h, C2b
❑
❑
screening of one or more officially designated scenic views.
b. The proposed action may occur wholly or partially within, or substantially contiguous
E3 f
c. The proposed action may be visible from publicly accessible vantage points:
E3h
to, an area designated as sensitive for archaeological sites on the NY State Historic
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
❑
❑
ii. Year round
❑
❑
d. The situation or activity in which viewers are engaged while viewing the proposed
E3h
to, an archaeological site not included on the NY SHPO inventory.
action is:
E2q,
Source:
i. Routine travel b residents including travel to and from work
y g
❑
❑
ii. Recreational or tourism based activities
E 1 c
❑
❑
e. The proposed action may cause a diminishment of the public enjoyment and
E3h
❑
❑
appreciation of the designated aesthetic resource.
f. There are similar projects visible within the following distance of the proposed
D 1 a, Ela,
❑
❑
project:
Dlf, Dlg
0-1/2 mile
1/2 -3 mile
3 -5 mile
5+ mile
g. Other impacts:
❑
❑
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological [:]NO F -]YES
resource. (Part 1. E.3.e, f. and g.)
If "Yes", answer questions a - e. If "No", go to Section 11.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may occur wholly or partially within, or substantially contiguous
E3 e
❑
❑
to, any buildings, archaeological site or district which is listed on or has been
nominated by the NYS Board of Historic Preservation for inclusion on the State or
National Register of Historic Places.
b. The proposed action may occur wholly or partially within, or substantially contiguous
E3 f
❑
❑
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
c. The proposed action may occur wholly or partially within, or substantially contiguous
E3g
❑
❑
to, an archaeological site not included on the NY SHPO inventory.
Source:
Page 6 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
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
Commencement Date provided that three (3) months prior notice is given to LESSEE. LESSEE
agrees that the termination rights set forth in this Section 13 shall not apply during the initial term
of the Agreement.
14. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause harmful interference which is measurable in accordance with then existing
industry standards to any equipment of LESSOR or other lessees of the Property which existed on
the Property prior to the date this Agreement is executed by the Parties. In the event any after -
installed LES SEE's equipment causes such interference, and after LESSOR has notified LESSEE
in writing of such interference, LESSEE will take all commercially reasonable steps necessary to
correct and eliminate the interference, including but not limited to, at LESSEE's option, powering
down such equipment and later powering up such equipment for intermittent testing. In no event
will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE
is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR
and/or any other tenants of the Property who currently have or in the future take possession of the
Property will be permitted to install only such equipment that is of the type and frequency which
will not cause harmful interference which is measurable in accordance with then existing industry
standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not
be an adequate remedy at law for noncompliance with the provisions of this Paragraph and
therefore, either Party shall have the right to equitable remedies, such as, without limitation,
injunctive relief and specific performance.
15. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its equipment,
conduits, fixtures and all personal property and restore the Premises to its original condition,
reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that
all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal
property of LESSEE and LESSEE shall have the right to remove the same at any time during the
Term, whether or not said items are considered fixtures and attachments to real property under
applicable Laws (as defined in Paragraph 34 below). If such time for removal causes LESSEE to
remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then
existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment
term, until such time as the removal of the building, antenna structure, fixtures and all personal
property are completed.
16. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part
thereof beyond the expiration of that removal period set forth in Paragraph 15 herein, unless the
Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are
not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over
in violation of Paragraph 15 and this Paragraph 16, then the rent then in effect payable from and
after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be equal to
the rent applicable during the month immediately preceding such expiration or earlier termination.
17. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term 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, with or without an assignment
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
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
the Facilities; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantee's prior
written consent; the present grade or ground level of the Easement Area will not be changed by excavation or filling; the
Grantee shall quietly enjoy the Grantor's Land; and the Grantor will forever warrant title to the Grantor's Land.
The Grantee, its successors and assigns, are hereby expressly given and granted the right to assign this Easement, or
any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any night or
rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be
oNviied and enjoyed dither in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a
continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal
representatives, and assigns of the parties named in this Grant of Easement.
M WITNESS WHEREOF, the Grantor has duly executed this Grant of Easement under seal this
day of 201_.
Signature of Grantor),V,
(L. S.)
Signature of Grantor
State of New York
SS'*
County A: -4L
t
On the -av of I it f in the year 201 before me, the undersigned, personally
appeared kidta personally known to me or proved to me on the basis of satisfactory
evidence to be the individeal ks) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individuals) (s) acted, executed the instrtiment.
DAFLEE LAKE
of ublic ilotary Public, State of New Yoit
Residing in Saratoga
My Commission Exp1res Nft
kion 4 4Q.3
State of New York
SS:
County of
On the day of in the year 201--.,, before me, the undersigned, personally
appeared ., personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose namm
Warne is subscribed to the within instruent and acknowledged to me that he
vi
executed the same m* his capacity, and that by his signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
Notary Public
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
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
Licensee Name: CELLCO PARTNERSHIP
Call Sign: KNKA246 File Number: 0006672353 Print Date: 04-14-2015
Location Latitude Longitude Ground Elevation Structure Hgt to Tip
(meters) (meters)
10 42-17-05.3 N 074-15-53.9 W 911.7 34.8
Address: Windham Ski Area - Base Lodge
City: Windham County: GREENE State: NY Construction Deadline: 10-27-2009
Antenna Structure
Registration No.
Antenna: 1 Azimuth (from true north) 0
45 90
135 180
225
270
315
Antenna Height AAT (meters) 310.800
465.300 318.700
266.900 255.100
310.100
350.200
327.100
Transmitting ERP (watts) 116.240
92.730 14.970
0.620 0.620
0.620
16.420
99.360
Antenna: 2 Azimuth (from true north) 0
45 90
135 180
225
270
315
Antenna Height AAT (meters) 310.800
465.300 318.700
266.900 255.100
310.100
350.200
327.100
Transmitting ERP (watts) 0.800
39.870 112.180
115.180 66.580
4.670
0.620
0.620
Antenna: 3 Azimuth (from true north) 0
45 90
135 180
225
270
315
Antenna Height AAT (meters) 310.800
465.300 318.700
266.900 255.100
310.100
350.200
327.100
Transmitting ERP (watts) 0.780
0.620 0.620
4.890 70.940
115.560
109.620
35.530
Control Points:
%NL
Control Pt. No. 1
Address: 500 W Dove Rd
City: Southlake County: TARRANT State: TX Telephone Number: (800)264-6620
Waivers/Conditions:
License renewal granted on a conditional basis, subject to the outcome of FCC proceeding WT Docket No. 10-112 (see FCC
10-86, paras. 113 and 126).
FCC 601-C
Page 4 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
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
MILLENNIUM ENGINEERING, P.C.
132 Jaffrey Road
Malvern, Pennsylvania 19355
Cell: 610-220-3 820
www.millenniumeng.com
June 27, 2019
Attn: Rick Andras, RF Design Engineer
Verizon Wireless
1275 John Street, Suite #100
We st Henrietta, NY 14 5 8 6
Fax: 610-644-4355
Email: pauldugan@comcast.net
Re: RF Safety FCC Compliance of Proposed Communications Facility
Site Name: Saratoga City Hall, Collocation on Existing 6 -Story Building (Hampton Inn &Suites)
25 Lake Avenue, Saratoga Springs, NY 12866 (City of Saratoga Springs, Saratoga County)
Dear Mr. Andras,
I have performed an analysis to provide an independent determination and certification that the proposed
Verizon Wireless communications facility at the above referenced property will comply with Federal
Communications Commission (FCC) exposure limits and guidelines for human exposure to radiofrequency
electromagnetic fields (Code of Federal Regulation 47 CFR 1.1307 and 1.1310). As a registered professional
engineer, I am under the jurisdiction of the State Registration Boards in which I am licensed to hold paramount
the safety, health, and welfare of the public and to issue all public statements in an objective and truthful
manner.
The proposed communications facility consists of collocation on an existing 6 -story building at the above
referenced property. The proposed Verizon Wireless antenna configuration from the information furnished to
me consists of (1) 700/850/1900 MHz (LTE) multiband antenna (Quintel QS6656-5 or equivalent) and (1)
700/850/2100 (LTE) multiband antenna (Quintel QS6656-5 or equivalent) on each of three faces (total of 6
antennas) spaced 120 degrees apart (AZ 50/170/290) on the horizontal plane at a centerlines of 77.3' above
ground level and no mechanical downtilt. Transmitting from these antennas will be (1) 700 MHz LTE wideband
channel, (1) 850 MHz LTE wideband channel, (1) 1900 MHz LTE wideband channel and up to (2) 2100 MHz
LTE wideband channels per face. The proposed Verizon Wireless antennas will be pipe -mounted within a faux
chimney antenna enclosure in the west corner of the stairwell penthouse rooftop in the east corner of the roof at
a centerline of 15.3' above the main rooftop and 6.1' above the penthouse rooftop.
The following assumptions are made for reasonable upper limit radiofrequency operating parameters for the
proposed facility due to Verizon Wireless antennas alone to accommodate all licensed frequency bands:
• (1) 700/850/1900 MHz (LTE) multiband transmit antenna per face at 0-10 degrees mechanical downtilt
• (1) 700/850/2100 MHz (LTE) multiband transmit antenna per face at 0-10 degrees mechanical downtilt
• (1) 700 MHz LTE wideband channel/face at 4x40W max power/face before cable loss/antenna gain
• (1) 850 MHz LTE wideband channel/face at 4x40W max power/face before cable loss/antenna gain
• (1) 1900 MHz LTE wideband channel/face at 4x40W max power/face before cable loss/antenna gain
• (2) 2100 MHz LTE wideband channels/face at 4x40W max power/face before cable loss/antenna gain
• The facility would be at or near full capacity during busy hour
1 of 6
Using the far -field power density equations from FCC Bulletin OET 65, the power density at any given distance
from the antennas is equal to 0.3 60(ERP)/R2 where R is the distance to the point at which the exposure is being
calculated. The given equation is a conversion of the OET 65 power density equation for calculating power
density given the distance in feet and the result in metric units (mW/cm2). This calculated power density
assumes the location is in the main beam of the vertical pattern of the antenna. After making an adjustment for
the reduction in power density due to the vertical pattern of the transmit antenna, the calculated ground level
power density is well below 1 % of the FCC general population exposure limits at any distance from the antenna
system of Verizon Wireless.
The 700 MHz "Upper C Block" transmit frequencies (746-757 MHz), which Verizon Wireless is licensed by the
FCC to operate, have an uncontrolled/general population maximum permissible exposure (MPE) FCC limit of
497 µW/cm2. The 850 MHz (cellular) "B Band" transmit frequencies (880-894 MHz), which Verizon Wireless
is also licensed by the FCC to operate, have an uncontrolled/general population MPE FCC limit of 587 µW/cm2.
The 1900 MHz (PCS) "C4/C5 Block" transmit frequencies (1980-1990 MHz), which Verizon Wireless is also
licensed by the FCC to operate, have an uncontrolled/general population MPE FCC limit of 1000 µW/cm2 or 1
MW/CM2 . The 2100 MHz (AWS) "E Block", "F Block", "G Block" and "J Block" transmit frequencies (2140-
2145, 2145-2155, 2155-2160, 2170-2180 MHz), which Verizon Wireless is also licensed by the FCC to operate,
have an uncontrolled/general population MPE FCC limit of 1000 µW/cm2 or 1 mW/cm2. Therefore, the
exposure at ground level at any distance from the structure would be substantially below 1 % of the FCC general
population exposure limits due to Verizon Wireless antennas alone. The extremely low ground exposure levels
are due to the elevated positions of the antennas in the structure and the low power which these systems operate.
From the information furnished to me, the existing building does not currently contain any existing transmitting
antenna systems.
Since accessibility directly in front of the transmit antennas of Verizon Wireless is not possible or limited due to
the mounting locations (pipe -mounted within a faux chimney antenna enclosure in the west corner of the
stairwell penthouse rooftop in the east corner of the roof at a centerline of 15.3' above the main rooftop and 6.1'
above the penthouse rooftop), the actual exposure for occupational workers, the general public that occupy the
building, and pedestrians on the street is hundreds of times below the levels directly in front of the transmit
antennas, due to the highly directional characteristic of the existing wireless antennas. As one moves away from
a transmit antenna, exposure is reduced substantially due to path loss of the radiofrequency signal, reduction due
to moving away from the main beam, and the shielding effects of building materials. With the proposed new
antenna configuration in service, the actual exposure levels for the general public that occupy the
building and pedestrians on the street will be substantially below 1 % of the FCC general population
exposure limits under any circumstances with the facilities in place.
Since the collocation is on a building, in -building personnel or rooftop occupational workers can be in closer
proximity to the wireless antennas. The rooftop is not normally occupied by the general public. Since the
antennas are directional, the radiofrequency signal is projected away from the building and the power density
above, below, or behind the antennas is reduced by a factor of 1000 or more. At locations away from the
antenna and away from the main beam, the power density falls off extremely sharply.
I have performed a near -field analysis to determine the exposure levels directly in front of the proposed Verizon
Wireless antennas for the safety of occupational workers accessing the rooftop. I have performed upper limit
calculations to determine the maximum possible exposure for occupational workers at a distance of 3 feet
directly in front of the antennas. The calculated exposure is below the FCC occupational exposure limits at
3 feet directly in front of the antennas. As a general rule, occupational workers should maintain a distance of
3 feet from all transmitting antennas.
From the standpoint of RF exposure, the presence of Verizon Wireless would not preclude the future addition of
other tenants or licensees including emergency or other municipal services which benefit the public from
collocation on this structure. There is a substantial margin of safety to allow for the addition of transmit
2 of 6
antennas of other communications services. Keep in mind that continuous exposure at 100 % of standard is
considered by the scientific community as just as safe as 1 % of standard since the exposure limits themselves
contain a large margin of safety.
In summary, the proposed communications facility will comply with all applicable exposure limits and
guidelines adopted by the FCC governing human exposure to radiofrequency electromagnetic fields (FCC
Bulletin OET 65). Federal law (FCC Rule Title 47 CFR 1.1307 and 1.1310) sets the national standard for
compliance with electromagnetic field safety. The FCC exposure limits are based on exposure limits
recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide
range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc.,
(IEEE) and adopted by the American National Standards Institute (ANSI). Thus, there is full compliance with
the standards of the IRPA, FCC, IEEE, ANSI, and NCRP.
General Information on Electromagnetic Field Safety
Verizon Wireless facilities transmit and receive low power electromagnetic fields (EMF) between base station
antennas and handheld portable cell phones. The radiofrequency energy from these facilities and devices is non -
ionizing electromagnetic energy. Non -ionizing, unlike X -Rays or other forms of potentially harmful energy in
the microwave region, is not cumulative over time nor can the energy change the chemical makeup of atoms
(e.g. strip electrons from ions). "Non -ionizing" simply means that the energy is not strong enough to break ionic
bonds.
Safe levels of electromagnetic fields were determined by numerous worldwide organizations, such the
International Committee for Non -Ionizing Radiation Protection, a worldwide multi -disciplinary team of
researchers and scientists studying the effects of non -ionizing radiofrequency energy such as that emitted by
base stations or cell phones. The FCC did not arbitrarily establish their own standards, but rather adopted the
recommendations of all leading organizations that set standards and research the subject such as the Institute of
Electrical and Electronics Engineers (IEEE), American National Standards Institute (ANSI), and National
Council on Radiation Protection and Measurements (NCRP).
When Verizon Wireless is located on an antenna structure such as a self-supporting lattice type tower, lattice
tower, guyed tower, watertank, etc. the antennas are typically 10 meters or more above ground level (10 meters
= 32.81 feet). With the relatively low power and elevated positions of the antennas on the structure with respect
to ground level, the maximum ground level exposure can rarely approach 1 % of the applicable FCC exposure
limit regardless of how many sets of antennas are collocated on the structure. For this reason, the FCC considers
the facilities "categorically excluded" from routine evaluation at antenna heights above 10 meters (or above
32.81 feet). Categorical exclusion exempts a site from routine on-site evaluation. However, the facility is not
excluded from compliance with the federal exposure limits and guidelines. The types of facilities used by
Verizon Wireless typically elevated on antenna structures (away from access to close proximity, i.e. greater than
10 meters or 32.81 feet) simply cannot generate ground level exposure levels that approach the limits under any
circumstances.
From a regulatory perspective, the FCC has sole jurisdiction over the regulation of electromagnetic fields from
all facilities and devices. The FCC has established guidelines and limits over emissions and exposure to protect
the general public. The FCC also has certain criteria that trigger when an environmental evaluation must be
performed. The criteria are based on distance from the antennas (accessibility) and transmit power levels.
CONCLUSIONS:
1) The proposed communications facility will comply with electromagnetic field safety standards by a
substantial margin (well below 1 %) in all publicly accessible areas. This includes the interior of the
existing building, the base of the existing building and any areas in proximity to the existing building.
3 of 6
2) Verizon Wireless takes appropriate measures to ensure that all telecommunications facilities (including
this proposed facility) comply with applicable exposure limits and guidelines adopted by the FCC
governing human exposure to radiofrequency electromagnetic fields (FCC Bulletin OET 65).
3) In cases where such compliance exists, the subject of electromagnetic field safety is preempted. The
Telecommunications Act of 1996 states that: "No state or local government or instrumentality thereof may
regulate the placement, construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities comply with the [FCC's]
regulations concerning such emissions." Telecommunications Act of 1996, § 332[c][7][B][iv].
Respectfully, OF NEW 4
ca��j
&0�7
r �
Paul Dugan, P.E.
Registered Professional Engineer
New York License Number 79144
4of6
DECLARATION OF ENGINEER
Paul Dugan, P.E., declares and states that he is a graduate telecommunications consulting engineer (BSE/ME
Widener University 1984/1988), whose qualifications are a matter of record with the Federal Communications
Commission (FCC). His firm, Millennium Engineering, P.C., has been retained by Verizon Wireless to perform
power density measurements or calculations for an existing or proposed communications facility and analyze
the data for compliance with FCC exposure limits and guidelines for human exposure to radiofrequency
electromagnetic fields.
Mr. Dugan also states that the calculations or measurements made in the evaluation were made by himself or his
technical associates under his direct supervision, and the summary letter certification of FCC compliance
associated with the foregoing document was made or prepared by him personally. Mr. Dugan is a registered
professional engineer in the Jurisdictions of Pennsylvania, New Jersey, Delaware, Maryland, Virginia, New
York, Connecticut, District of Columbia, West Virginia and Puerto Rico with over 30 years of engineering
experience. Mr. Dugan is also an active member of the Association of Federal Communications Consulting
Engineers, the National Council of Examiners for Engineering, the National Society of Professionals Engineers,
the Pennsylvania Society of Professional Engineers, and the Radio Club of America. Mr. Dugan further states
that all facts and statements contained herein are true and accurate to the best of his own knowledge, except
where stated to be in information or belief, and, as to those facts, he believes them to be true. He believes under
penalty of perjury the foregoing is true and correct.
Executed this the 27th day of June, 2019.
�A"07
Paul Dugan, P.E.
5 of 6
PAUL DUGAN, P.E.
132 Jaffrey Road
Malvern, Pennsylvania 19355
Cell: 610-220-3 820
Fax: 610-644-4355
Email: pauldugan(cc�,comcast.net
Web Page: www.millenniumeng.com
EDUCATION: Widener University, Chester, Pennsylvania
Master of Business Administration, July 1991
Master of Science, Electrical Engineering, December 1988
Bachelor of Science, Electrical Engineering, May 1984
PROFESSIONAL Registered Professional Engineer in the following jurisdictions:
ASSOCIATIONS:
Pennsylvania, License Number PE -045711-E
New Jersey, License Number GE41731
Maryland, License Number 24211
Delaware, License Number 11797
Virginia, License Number 36239
Connecticut, License Number 22566
New York, License Number 079144
District of Columbia, License Number PE -900355
West Virginia, License Number 20258
Puerto Rico, License Number 18946
Full member of The Association of Federal Communications Consulting Engineers
(www.afcce.org) January 1999 to Present
Elected to serve on the Board of Directors for 2006-2007
Full member of The National Society of Professional Engineers (www.nspe.org) and the
Pennsylvania Society of Professional Engineers (www.pspe.org) June 2003 to Present
Currently serving on the Board of Directors of the Valley Forge Chapter and as South East Region Vice -
Chair for the "Professional Engineers in Private Practice" Executive Committee
Actively participate in Chester County ARES/RACES (CCAR www.w3eoc.orjL4) which prepares and
provides emergency backup communications for Chester County Department of Emergency Services,
March 2005 to Present
Full member of The National Council of Examiners for Engineering
(www.ncees.org) May 2001 to Present
Full Member of The Radio Club of America
(www.radio-club-of-america.or�z) December 2003 to present
PROFESSIONAL Millennium En ineering P.C., Malvern, Pennsylvania
EXPERIENCE: Position: President, August 1999 to Present (www.millenniumen com)
Verizon Wireless, Plymouth Meeting, Pennsylvania
Position: Cellular RF System Design/Performance Engineer, April 1990 to August 1999
Communications Test Desi n, , Inc., West Chester, Pennsylvania
Position: Electrical Engineer, May 1984 to April 1990
6 of 6
� 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
DESIGN
VERSION 1
(Submitted to the City at Sept. 26, 2018
Pre -Application Meeting - Rejected by
Office of Planning &Economic Dev.)
Saratoga City Hall PHOTO
25 Lake Avenue LOG
Saratoga Springs, New York 12866 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue.
ioil Proposed rooftop installation will be visible from this location. PM1
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. Smi
i Proposed rooftop installation is visible from this location.
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation is visible from this location. Sm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation will be visible from this location. Pm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation is visible from this location. Sm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
DESIGN
VERSION 2
(Submitted to the City at Sept. 26, 2018
Pre -Application Meeting - Rejected by
Office of Planning &Economic Dev.)
Saratoga City Hall PHOTO
25 Lake Avenue LOG
Saratoga Springs, New York 12866 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue.
ioil Proposed rooftop installation will be visible from this location. PM1
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. Smi
i Proposed rooftop installation is visible from this location.
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
Ift iI L Proposed rooftop installation is visible from this location. Sm2
WEAM Distance from the photographic location to the proposed site is 3504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation is visible from this location. Sm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation will be visible from this location. Pm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation is visible from this location. Sm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
DESIGN
VERSION 3
(Submitted to the City at Sept. 26, 2018
Pre -Application Meeting - Rejected by
Office of Planning &Economic Dev.)
: Custom Mount Design
6 Tall Antennas,
Painted to Match Parapet Cap
#' +,4*4
lit
dl' 4r
AV
dr
401
.#
+ , w
' •
/. 4"►:
Mr
tl
Af
..r
►. F
Saratoga City Hall PHOTO
25 Lake Avenue LOG
:1 UUMR&WIMAMM Saratoga Springs, New York 12866 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. Smi
i Proposed rooftop installation is visible from this location.
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
Ift iI L Proposed rooftop installation is visible from this location. Sm2
WEAM Distance from the photographic location to the proposed site is 3504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation is visible from this location. Sm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation will be visible from this location. Pm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation is visible from this location. Sm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
DESIGN
VERSION 4
(Submitted to the City at Sept. 26, 2018
Pre -Application Meeting - Rejected by
Office of Planning &Economic Dev.)
Concealment Boxes Designed
to Screen 8' Tall Antennas
{4 ,, Concealment Finish Matches
4 the Tan Building Facade
Vw-
f #, ,
lip 7 1
)& s 1
V-rr
,
iMOW
AV
-+'
"
+ , w
# + f
Mr
tl
Af
..r
►. F
41
.. r
7AW
Saratoga City Hall PHOTO
25 Lake Avenue LOG
Saratoga Springs, New York 12866 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue.
ioil Proposed rooftop installation will be visible from this location. PM1
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. Smi
i Proposed rooftop installation is visible from this location.
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
Ift iI L Proposed rooftop installation is visible from this location. Sm2
WEAM Distance from the photographic location to the proposed site is 3504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation is visible from this location. Sm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation will be visible from this location. Pm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
DESIGN
VERSION 5
(Submitted to the Property Owner
Rejected by Hampton Inn & Suites)
- _ i
400
._
Combination of 4'& 8 Antennas
a
Flush Mounted to the Building
Fagade. All Antennas are
Painted to Match the Building.
do
• _ . ' AV A
gT- . -r
,
AV
401
mr
+ , w
tl
..r
Saratoga City Hall PHOTO
25 Lake Avenue LOG
Saratoga Springs, New York 12866 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue.
ioil Proposed rooftop installation will be visible from this location. PM1
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. Smi
i Proposed rooftop installation is visible from this location.
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation is visible from this location. Sm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation is visible from this location. Sm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation will be visible from this location. Pm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation is visible from this location. Sm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking southwest from 120 Henry Street.
iI L Proposed rooftop installation will be visible from this location. Pm5
WEAM Distance from the photographic location to the proposed site is 2504— 8668.01
Looking southwest from 120 Henry Street.
iI L Proposed rooftop installation is visible from this location. Sm5
WEAM Distance from the photographic location to the proposed site is 2504— 8668.01
DESIGN
VERSION 6
(A Version 6 was not Issued)
DESIGN
VERSION 7
(Submitted to the City -Rejected by the
Office of Planning &Economic Dev.)
Saratoga City Hall PHOTO
25 Lake Avenue LOG
Saratoga Springs, New York 12866 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue.
ioil Proposed rooftop installation will be visible from this location. PM1
Distance from the photographic location to the proposed site is 5504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
Ift iI L Proposed rooftop installation is visible from this location. Sm2
WEAM Distance from the photographic location to the proposed site is 3504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation is visible from this location. Sm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation will be visible from this location. Pm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation is visible from this location. Sm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
DESIGN
VERSION 8
(Submitted to the Property Owner
Rejected by Hampton Inn & Suites)
Saratoga City Hall PHOTO
25 Lake Avenue LOG
Saratoga Springs, New York 12866 8668.01
aL
dk I a
dddmlkp
son
tt
.16
fill IT 'm
br
RUM
* - Alit.
hill
A6
IMES Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. PM1
Tectonic Proposed rooftop installation will be visible from this location.
PRACTICAL SOLUTIONS. EXCEPTIONAL SERVICE. Distance from the photographic location to the proposed site is 5504— 8668.01
aL dddmlkp
son
tt, jr
7M
fill IT 'm
A
qW RUM
I S i z
'T
stall
jBI
dip
A6
I R _#
Age
TeCto# Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. smi
nic Proposed rooftop installation is visible from this location.
PRACTICAL SOLUTIONS. EXCEPTIONAL SERVICE. I Distance from the photographic location to the proposed site is 5504- 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation is visible from this location. Sm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
Ift # Proposed rooftop installation will not be visible from this location. Pm3
Distance from the photographic location to the proposed site is 4504 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation will be visible from this location. Pm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation is visible from this location. Sm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking southwest from 120 Henry Street.
iI L Proposed rooftop installation will be visible from this location. Pm5
WEAM Distance from the photographic location to the proposed site is 2504— 8668.01
DESIGN
VERSION 9
(Submitted to the Property Owner
Rejected by Hampton Inn & Suites)
Saratoga City Hall PHOTO
25 Lake Avenue LOG
Saratoga Springs, New York 12866 8668.01
aL
dk I a
dddmlkp
son
tt
.16
fill IT 'm
br
RUM
* - Alit.
hill
A6
IMES Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. PM1
Tectonic Proposed rooftop installation will be visible from this location.
PRACTICAL SOLUTIONS. EXCEPTIONAL SERVICE. Distance from the photographic location to the proposed site is 5504— 8668.01
aL
dddmlkp
son
tt
br
qW RUM
I S i z
il o
I a
till
.6 dw 10 1 t
A6 a 0 11
TeCto# Looking south from the intersection of Ellsworth Jones Place & Maple Avenue. smi
nic Proposed rooftop installation is visible from this location.
PRACTICAL SOLUTIONS. EXCEPTIONAL SERVICE. I Distance from the photographic location to the proposed site is 5504- 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking east from the intersection of Lake Avenue & Maple Avenue.
#I L Proposed rooftop installation is visible from this location. Sm2
Distance from the photographic location to the proposed site is 3504— 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
Ift # Proposed rooftop installation will be visible from this location. Pm3
Distance from the photographic location to the proposed site is 4504 8668.01
Looking northeast from the parking lot of 20 Lake Avenue.
#I L Proposed rooftop installation is visible from this location. Sm3
Distance from the photographic location to the proposed site is 4504— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation will be visible from this location. Pm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking northwest from the intersection of Lake Avenue & Henry Street.
Ift iI L Proposed rooftop installation is visible from this location. Sm4
WEAM Distance from the photographic location to the proposed site is 2004— 8668.01
Looking southwest from 120 Henry Street.
iI L Proposed rooftop installation will be visible from this location. Pm5
WEAM Distance from the photographic location to the proposed site is 2504— 8668.01
Looking southwest from 120 Henry Street.
iI L Proposed rooftop installation is visible from this location. Sm5
WEAM Distance from the photographic location to the proposed site is 2504— 8668.01
DESIGN
VERSION 10
(Was identical to Version I I but did not
include the equipment platform and is
therefore omitted)
DESIGN
VERSION I I
(Proposed for Approval)
Saratoga City Hall PHOTO
25 Lake Avenue LOG
Saratoga Springs, New York 12866 8668.01
FROI CO] LM Looking northwest from the intersection of Lake Avenue & Henry Street.
Proposed rooftop installation will be visible from this location. PM1
Distance from the photographic location to the proposed site is 350'± 8668.01
M- 4-21--
Looking southwest from 120 Henry Street.
:61 ( Is Proposed rooftop installation will be visible from this location. Pm2
Distance from the photographic location to the proposed site is 250'± 8668.01
M-
4-2 1--
Looking southwest from 120 Henry Street.
:61 ( Is Proposed rooftop installation is visible from this location. Sm2
Distance from the photographic location to the proposed site is 250'± 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue.
:061 CO] Proposed rooftop installation will be visible from this location. Pm3
Distance from the photographic location to the proposed site is 550'± 8668.01
Looking south from the intersection of Ellsworth Jones Place & Maple Avenue.
:061 CO] Proposed rooftop installation is visible from this location. Sm3
Distance from the photographic location to the proposed site is 550'± 8668.01
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
West view
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
verizonv
August 18, 2019
City of Saratoga Springs
Planning Board
City Hall, 474 Broadway
Saratoga Springs, New York 12866
Network Engineering - UPNY
1275 John Street, Suite 100
West Henrietta, New York 14586
RE: Saratoga City Hall Telecommunications Facility - Special Use Permit
Application of Cellco Partnership d/b/a Verizon Wireless
Public Utility/Personal Wireless Service Facility located at 25 Lake Avenue
Ladies and Gentlemen:
With respect to the above application, and in accordance with applicable provisions of the
Telecommunications Facilities and Towers provisions of the Zoning Ordinance of the City of
Saratoga Springs, Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless") operates
Wireless Communications Fourth Generation (4G) Services, Personal Communication Service
(PCS) and/or Cellular Radiotelephone Services network authorized by the Federal
Communications Commission (FCC) to provide state of the art digital and/or cellular wireless
communications in many parts of the nation, including upstate New York. Verizon Wireless'
operations and network are licensed and regulated by the FCC.
Verizon Wireless' radio equipment is designed to transmit frequencies only within the allocated
frequency bands and each transmitter is carefully adjusted to comply with FCC regulations for
power output and frequency. These procedures prevent interference with other radio services,
public safety communications, airport navigation, cordless phones, computers and other
community office or residential household appliances.
The incidence of these transmissions causing interference with other radio service is rare. All
other radio communication services, including broadcast radio and television, are assigned to
specific frequency bands, separate and distinct from cellular and other frequencies. For instance
AM Radio operates between 0.5 -1.5 MHz and VHF Television operates between 54 - 215 MHz.
In addition, receivers for other services are similarly designed to prevent interference from out of
band service. In the unlikely event that malfunctioning equipment or improper settings are
shown to cause interference with an existing service, Verizon Wireless would be required, under
the conditions of its FCC license, to take immediate steps to correct any problems.
Thank you for considering this application.
Very truly yours,
Rick Andras
Radio Frequency (RF) Design Engineer
TAB 12
I? Saratoga Springs
City Center
aw new, P4 M.re,
Cafe Sm Q J&Wh & Anthony's
15 Church �+ S, P.
13
New York Stale aIy
rY, rt d
Max LendSO —
IS
q Fg
Jr Henry R,em 7ap,00"
Mij.
n l7
St.q. Springs'
Public Library
Harveys Phil
iVICINITY MAP
CELLCO PARTNERSHIP,
d/b/a
0 1
verizonv
SITE NAME:
SARATOGA CITY HALL
RE PROJECT NUMBER: 20151221722
LOCATION CODE: 383625
SITE ADDRESS- 25 LAKE AVE
SARATOGA SPRINGS, NY 12866
MUNICIPALITY- CITY OF SARATOGA SPRINGS
COUNTY SARATOGA
TAX MAP NUMBER 165.52-4-46.1
ZONING DISTRICT: T-6 (TRANSECT ZONE 6
URBAN CORE)
STRUCTURE COORDINATES: 43.083086'
—73.782597'
GROUND ELEVATION: 276'± AMSL
PROPERTY OWNER: TURF PARILLO LLC.
792 WATERVLIET—SHAKER RD
LATHAM, NY 12110
APPLICANT: VERIZON WIRELESS
1275 JOHN STREET, SUITE 100
WEST HENRIETTA, NY 14586
CONTACT PERSON: KATHY POMPONIO
CONTACT PHONE: (585) 321-5435
!PROJECT SUMMARY
SH T. DESCRIPTION REV REVISION
NO NO DATE
T-1 TITLE SHEET 2 6/24/19
AD -1 ADJOINERS PLAN 2 6/24/19
C-1 OVERALL SITE PLAN 2 6/24/19
C-2 ROOF PLAN 2 6/24/19
C-3 NORTHEAST BUILDING ELEVATION 2 6/24/19
C-4 SOUTHEAST BUILDING ELEVATION 2 6/24/19
C-5 PLATFORM & EQUIPMENT ELEVATIONS 2 6/24/19
C-6 DETAILS 2 6/24/19
I
SHEET INDEX
THIS SET OF PLANS SHALL NOT BE UTILIZED AS CONSTRUCTION DOCUMENTS
UNTIL ALL ITEMS OF CONCERN HAVE BEEN ADDRESSED AND EACH OF THE
DRAWINGS HAS BEEN REVISED AND ISSUED "FOR CONSTRUCTION".
Before You Dig, Drill Or Blast!
p
Dig Safely.
New York
UNDERGROUND FACILITIES
PROTECTIVE ORGANIZATION
CALL US TOLL FREE 1-800-962-7962
11 —1-1, 153 no 1— -1 run'er,ne cava _i- b,t nor— t- - d
DIG SAFELY - NEW YORK
DO NOT SCALE DRAWINGS
THESE DRAWINGS ARE FORMATTED FOR 22".34" FULL SIZE AND 11".17"
HALF SIZE. OTHER SIZED VERSIONS ARE NOT PRINTED TO THE SCALE
SHOWN. CONTRACTOR SHALL VERIFY ALL PLANS, EXISTING DIMENSIONS
& CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE
ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH
11THE WORK OR BE RESPONSIBLE FOR SAME.
verizonvI
1271STTA STREET, SUITE 111
.EST =1 ET , ,Y11.1TBB
Tectonic'
E. ine-, & 5 mg ConsultantsP.C.
encan &w. anone: (51 8)183-1630
WORK ORDER NUMBER DRAWN BY
8668.01 TLS
NO. DATE ISSUE
0 8/13/18 FOR COMMENT
1 8/30/18 PER REVISED REDS
2 6/24/19 REVISED DESIGN
— I
RELEASED BY DATE
F_
OF NE
ro
06750,
ssill
UNAUTHORIZED ALTERATION OR ADDITIONS TO A PI_Ael
BEARING THE SEAL OF A LICENSED ENGINEER OR LAND
SURVEYOR IS A VIOLATION OF SECTION 7209
SUBDVISION 2 OF THE NEW YORK STATE EDUCATION
COPIES OF MIS DOCUMENT WITHOUT A FACSIMILE
OF THE SIGNATURE AND AN ORIGINAL EMBOSSED
SEA_ OR ORIGINAL STAMP IN BWE OR RED INK OF
THE PROFESSIONAL ENGINEER OR LAND SURVEYOR
SH- NOT BE CONSIDERED VAIJO COPIES.
0 2 3
I ORIGINLALSIZE IN INCHES
SITE INFORMATION
SARATOGA CITY HALL
RE PIN: 20151221722
LC: 383625
SITE ADDRESS
25 LAKE AVE
CITY OF SARATOGA SPRINGS
SARATOGA COUNTY
NY 12866
SHEET TITLE
TITLE SHEET
SHEET NUMBER
T-1
At
PN
%
% ').,
-6-
-3r,
PROPOSED VERIZON WIRELESS
7'x7' (49 SF) ANTENNA LEASE
SPACE ON PENTHOUSE ROOFTOP WWI
PROPOSED VERIZON WIRELESS
16.5'x20' (330 SF) EQUIPMENT
LEASE AREA ON ROOFTOP aN
APPROXIMATE LOCATION OF
EXISTING PROPERTY LINE (TYP),
sp% Ce
All
a - 19 � ,.fir � / s�� •
APPROXIMATE LOCATION OF
ADJACENT PROPERTY LINE (TYP)
(SVE
4VE
TA TE RTE 2 9) lqp
I rt
4
C) Aj
x.
L
NOTE:
1. THE PROPERTY LINES HEREON ARE APPROXIMATE BASED ON GIS DATA AND ARE FOR ORIENTATION
PURPOSES ONLY. THEY DO NOT REPRESENT A PROPERTY/BOUNDARY DECISION BY A LAND SURVEYOR.
ADJOINERS PLAN
SCALE: 100- (11.17 SIZE)
50' (22.34 SIZE)
verizon--1
1275 JOHN STREET, SUITE 100
WEST HENRIETTA, NY 14586
Tectonic
T --i: & Survey ng C.—I—U P.C.
WORK ORDER NUMBER DRAWN BY
8668.01 F TIE;
NO. DATE ISSUE
0 8/13/18 FOR COMMENT
1 8/30/18 PER REVISED RFDS
2 6/24/19 REVISED DESIGN
RELEASED BY DATE
OF NE
UNAUTHORIZED ALTERATION OR ADDITIONS TO A PLAN
BEARING THE SEAL OF A LICENSED ENGINEER OR LAND
SURVEYOR IS A VIOI-AnON OF SECTION 7209
SUBDVISION 2 OF THE NEW YORK STATE EDUCATION
COPIES OF MIS DOCUMENT WITHOUT A FACSIMILE
OF THE SIGNATURE AND AN ORIGINAL EMBOSSED
SEA- OR ORIGINAL STAMP IN BLUE OR RED INK OF
THE PROFESSIONAL ENGINEER OR LAND SURVEYOR
SHALL NOT BE CONSIDERED —0 COPIES.
-6 2 3
I ORIGINAL SIZE IN INCHES
SITE INFORMATION
SARATOGA CITY HALL
RE PN: 20151221722
LC : 383625
SITE ADDRESS
25 LAKE AVE
CITY OF SARATOGA SPRINGS
SARATOGA COUNTY
NY 12866
SHEET TITLE
ADJOINERS PLAN
SHEET NUMBER
AD -1
~
APPROXIMATE LOCATION OF
ADJOINING PROPERTY LINE
SBL: 165.52-5-
ISBL: 165 �THROUGH 165.2
/APPROXIMATE LOCATION OF -----,-
EXISTING PROPERTY LINE
SBL: 165.5
EXISTING LOWER
BUILDING
PROPOSED VERIZON WIRELESS
7'x7' (49 SF) ANTENNA LEASE
AREA ON P ENTHOUSE ROOF
EXISTING PAVED EXISTING
AREA (TYP) 1110 0 Ell] ROOF ACCESS
/ol
PROPOSED VERIZON WIRELESS
/
/ ..
/'' ��s���
/ ~
`EXISTING
~—^___�
= =
~ ~
ISBL165.52-3-28]
LAKE � °�~
��
PURPOSES ONLY. THEY DO NOT REPRESENT A PROPERTY/BOUNDARY DECISION BY A LAND SURVEYOR.
PROPERTY LINES HEREON ARE APPROXIMATE BASED
ON GIS DATA AND ARE FOR ORIENTATIONr,--�OVERALL SITE PLAN20 (22.34 SIZE)
/
FN OTES
1 . VERIZON WIRELESS PLATFORM SHALL BE LOCATED SUCH THAT ALL
UTILITIES CAN BE ROUTED TO PLATFORM WITHOUT CROSSING AREAS
IL
RESERVED FOR FUTURE CARRIERS.
2. DRAINAGE, GRADING AND EROSION CONTROL DESIGNS ARE SITE
SPECIFIC AND ARE NOT SHOWN HEREIN.
3. LEASE AREA AND COMPOUND SIZE ARE TYP�CAL AS SHOWN HEREIN
BUT SUBJECT TO CHANGE ON A SITE-BY-STE BASIS.
verizonvl
1275 JOHN STREET, SUITE 100
WEST HENRIETTA, NY 14586
Tectonic
my
WORK ORDER NUMBER DRAWN BY
NO. DATE ISSUE
0 8/13/18 FOR OMMENT
1 8/30/18 PER REVISED RFDS
2 6/24/19 REVISED DESIGN
RELEASED BY DATE
OF NE
UNAUTHORIZED ALTERATON OR ADDITIONS TO A PI -AN
B RING THE SEAL OF A LICENSED ENGINEER OR I -AND
SUBDVISION 2 OF THE NEW YORK STATE EDUCATION
COPIES OF MIS 00 LIMENT WITHOUT A FACSIMILE
OF THE SIGNATURE AND AN ORIGINAL EMBOSSED
SEAl- OR ORIGINA- STAMP IN BLUE OR RED INK OF
T E PROFESSIONAL ENGINEER OR I -AND SURVEYOR
SHALL NOT BE CONSIDERED -0 COPIES.
ORIGIINAL SIZE IN INC ES
SITE INFO MATIQN
RE PN: 20151221722
LC: 383625
SITE ADDRESS
25 LAKE AVE
CITY OF SARATOGA SPRINGS
SARATOGA COUNTY
NY 12866
SHEET TITLE
OVERALL SITE PLAN
SHEET NUMBER
N PROPOSED VERIZON WIRELESS 6'x6'xB'
01� TALL FAUX CHIMNEY ANTENNA m
EXISTING ROOF
ENCLOSURE ON PENTHOUSE ROOF
ACCESS DOOR PROPOSED VERIZON WIRELESS verizon✓
ANTENNA (2/SECTOR-6 TOTAL)
q�pNq 3ePROPOSED VERIZON WIRELESS WALKING 1275 JOHN STREET, SUITE 100
qZ ` CIO MAT (TO MATCH EXISTING) (TYP) WEST HENRIETTA, NY 14586
2gp' 0 _
PROPOSED VERIZON O BETA_ S Tectonic'
WIRELESS TELCO BOX O AZ = 85���•���
O OOOO wtn.m Eng[anering & SurveYing Consultants P.C.
en &w � e'�aooazs ssat
Owuvw.tecconcengin a ing.com
WORK ORDER NUMBER DRAWN BY
O O PROPOSED VERIZON WIRELESS 8668.01 TLS
���❑��� COVERED CABLE LADDER NO. DATE ISSUE
EXISTING OO O 0 8/13/18 FOR COMMENT
BUILDING PROPOSED VERIZON WIRELESS
O O COVERED CABLE TRAY (TYP) 1 8/30/18 PER REVISED RFDS
PROPOSED VERIZON WIRELESS 2 6/24/19 REVISED DESIGN
OO DUAL BAND RRH (TYP OF 6)
BASE OF EXISTING O PROPOSED VERIZON WIRELESS
SLOPED PARAPET (TYP) O EQUIPMENT CABINET (TYP)
EXISTING WALKING OO PROPOSED VERIZON WIRELESS
O9' -4"x11'-0" EQUIPMENT PLATFORM
MAT (TYP)
PRO
O POSED VERIZON WIRELESS
INTEGRATED LOAD CENTER
uEXISTING A/C OO
UNIT (TYP) O v
O J �
o U' m
OO O RELEASED BY DATE
EXISTING OO O
VENT (TYP) OO OF NE
PROPOSED POWER, FIBER, AND GROUND CONDUITS arc k'y
O ROUTED ALONG CABLE TRAY ON SLEEPERS FROM
O ❑❑❑ ❑ OO ROOF PENETRATION TO EQUIPMENT PLATFORM
0
— ❑ ❑❑❑❑❑ ❑ O ZN
C�
O c O c ❑ O PROPOSED POWER, FIBER, AND GROUND CONDUITS TO OA�O ESS ONp4��
c ❑❑O PENETRATE ROOF ADJACENT TO ELEVATOR SHAFT AND
c " CORE THROUGH FLOORS ALONGSIDE EXISTING CONDUITS TO
O CD c — GROUND FLOOR ELECTRICAL AND FIRE PUMP ROOMS
c
UNAUTHORIZED LEFTOR ADDITIONS i0 A PL
BEARING THE SEAEAOA LA
L OF A LICENSED ENGINEER OR LAND
O O MSURVEYOR IS A VIOLATION OF SECTION 7209
SUBDSION 2 OF THE NEW YORK STALE EDUCATION
O AW
O SEAL
OF TIS DOCUMENT WITHOUT A FACSIMILE
OF THE SIGNATURE AND AN ORIGINAL EMBOSSED
ORIGINAL STAMP INF
EXISTING NATURAL THE EKED I PROFESSIONAL ENGINEER OR LAND SURVEYOR
GAS LINE SHALL NOT BE CONSIDERED VAUO COPIES.
D 1 2 3
OO ORIGINAL SIZE IN INCHES
SITE INFORMATION
SARATOGA CITY HALL
O
RE PN: 20151221722
LC: 383625
SITE ADDRESS
25 LAKE AVE
CITY OF SARATOGA SPRINGS
SARATOGA COUNTY
NY 12866
SHEET TITLE
ROOF PLAN
Before You Dig, Drill Or Blast!
Dig�Safely.ROOF PLAN SHEET NUMBER
New York • CONTRACTOR SHALL NOTIFY UNDERGROUND FACILITIES PROTECTIVE
ORGANIZATION AT TELEPHONE NUMBER 1-800-962-7962 PRIOR C-2 SCALE: 1" = 20' (11x17 SIZE)
UNDERGROUND FACILITIES TO EXCAVATION AT SITE 1" = 10' (22x34 SIZE)
PRorEcrNE oitcaMzarloN —
• CONTRACTOR TO LOCATE AND VERIFY ALL EXISTING UNDERGROUND
CALLUS TOLL FREE laoo 62-2
UTILITIES PRIOR TO EXCAVATION
"""" "°"'�,"" "°'"°"'°"`" "°"Po' • NI 1 1-11111-11-111-1111 -
ALL EXCAVATION WORK WITHIN 36" OF EITHER SIDE OF UNDERGROUND
DIG SAFELY — NEW YORK UTILITIES MUST BE DONE BY HAND EXCAVATION METHODS
PROPOSED VERIZON WIRELESS
6'x6'xB' FAUX CHIMNEY ENCLOSURE
m
PROPOSED LESSEE PANEL verizon-1
ANTENNA (2/SECTOR-6 TOTAL)
1275 JOHN STREET, SUITE 100
- - - - - - - - - - - - - - - - - - - - - - - - - EXISTING PENTHOUSE WEST HENRIETTA, NY 14586
EXISTING HVAC UNIT
F- Tectonic
T --i: & S mg
',=-I—u P.C.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
WORK ORDER NUMBER DRAWN BY
8668.01 _] I TI -S
NO. DATE ISSUE
0 8/13/18 FOR OMMENT
. . . . . . 1 8/30/18 PER REVISED RFDS
#T-# T T� 2 6/24/19 REVISED DESIGN
. . . . . . . . . . . . . . . . . . . . . .
uj . . . . . . . . . . . . . . . . . . . . . .
z
EXISTING
(A BUILDING
x z
z
< uj
u -
z
V)
V)
uj V)
V) F- . . . . . . . . . . . .
uj uj w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
uj < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of Of I I
z < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RELEASED BY DATE
0 0- .............................................
r-4 z . . . . . . . . . . . . .
0 V)
It F- F-
F-
V) o z 0- <
0 LLI w Of
EL V) <
0
af 0
CL 0 0 0
Of F- Of
Cl- -H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ILL -N
CL 0 +1 F- 0-
-H . . . . . . . . . . . . . . . . . . . . . .
GO F, 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lo F -
:H -H lo +i .............
OR 71)
0 r<
00
UNAUTHORIZED A-TERATON OR ADDITIONS TO A PI -AN
B RING THE SEAL OF A LICENSED ENGINEER OR LAND
S RVEYOR IS A VIOI-ATON OF SECTION 7209
. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COPIES OF MIS 00 LIMENT WITHOUT A FACSIMILE
. . . . . . . . . . . . . . . . . . . . . . . . .
THE PROFESSIONAL ENGINEER OR I -AND SURVEYOR
SHAU- NOT BE CONSIDERED VALID COPIES.
EXISTING BRICKED EXISTING 10 1 2 31
INDOW (TYP)
OVER WINDOW (TYP) W ORIGINAL SIZE IN INCHES
SITE INFORMATION
SARATOGA CITY HALL
RE PN: 20151221722
LC: 383625
SITE ADDRESS
1EXISTING ADJACENT 25 LAKE AVE
BUILDING CITY OF SARATOGA SPRINGS
-44 SARATOGA COUNTY
NY 12866
SHEET TITLE
NORTHEAST BUILDING
ELEVATION
SHEET NUMBER
(2)NORTHEAST BUILDING ELEVATION
SCALE: �: - 10' ((11.17 SIZE)
= 5- 22.34 SIZE) C-3
verizonvl
PROPOSED VERIZON WIRELESS 1275 JOHNSTREET ' SUITE 100
EQUIPMENT CABINET WEST HENRI ETTA, NY 14586
PROPOSEDVERIZON WIRELESS �11111
BATTERY CABINET Tectonic
PROPOSED VERIZON WIRELESS
T --i:& SurveyingConsultantsP.C.
DUAL BAND RRH (TYP OF 6)
LIGHT FIXTURE
(TYP OF 2) PROPOSED VERIZON
WIRELESS EQUIPMENT WORK ORDER NUMBER DRAWN BY
PROPOSED LIGHT FIXTURE 00 CABINET 8668.01 _] I TLS
SUPPORT POST (TYP OF 2) 00 NO. DATE ISSUE
0 0 8/13/18 FOR COMMENT
PROPOSED Flo— )o PROPOSED VERIZON 1 8/30/18 PER REVISED RFDS
SUPPORT POST 1;7--- WIRELESS 200A
0 INTEGRATED LOAD CENTER 2 6/24/19 REVISED DESIGN
C4
C*4 PROPOSED VERIZON
-1 . 00 WIRELESS STEEL RAILING PROPOSED 11 OV AC POWER
03 PROPOSED VERIZON n OUTLET WITHIN TELCO BOX
WIRELESS STEEL RAILING (IF REQUIRED)
PROPOSED PROPOSED VERIZON
STAIRS WIRELESS TELCO BOX In
PROPOSED —
STAIRS
T/EXISTING
ROOF T/EXISTING
ROOF
PROPOSED \–PROPOSED 9'-4"x11'-0" PROPOSED 2'x2'x2" RUBBER PROPOSED 2'x2'x2" RUBBER
EQUIPMENT PLATFORM PAD COMPATIBLE W/ EXISTING PROPOSED 9'-4"x11'-0" PAD COMPATIBLE W/ EXISTING RELEASED BY DATE
GROUND BAR (2)SIDE ELEVATION ROOFING (TYP OF 4) EQUIPMENT PLATFORM (2)SIDE ELEVATION ROOFING (TYP OF 4) E
SCALE: �/4" l'—O" SCALE: �/4 " —
/2" l'—O" /2" = 1'-0"
OF NE
08750t
UNAUTHORIZED ALTERATON OR ADDITIONS TO A PLAN
BEARING THE SEAL OF A LICENSED ENGINEER OR LAND
S RVEYOR VIOI-AnON OF
PROPOSED VERIZON WIRELESS PROPOSED VERIZON WIRELESS SUBDVISIONIS 2A OF THE NEW YORKSECTION STATE7209 EDUCATION
EQUIPMENT CABINET EQUIPMENT CABINET
COPIES OF HIS DOCUMENT WITHOUT A FACSIMILE
OF THE SIGNATURE AND AN ORIGINAL EMBOSSED
SEA- OR ORIGINAL STAMP IN BLUE OR RED INK OF
PROPOSED VERIZON WIRELESS PROPOSED VERIZON WIRELESS THE PROFESSIONAL ENGINEER OR I.AND SURVEYOR
SHALL NOT BE CONSIDERED VALO COPIES.
BATTERY CABINET 0000000 BATTERY CABINET 0 1 2 —3
LIGHT FIXTURE r --------- I PROPOSED SUPPORT POST PROPOSED SUPPORT POST LIGHT FIXTURE ORIGINAL SIZE IN INCHES
(TYP OF 2) 1 (TYP OF 2) SITE INFORMATION
r --------- Io SARATOGA CITY HALL
PROPOSED VERIZON PROPOSED VERIZON WIRELESS PROPOSED VERIZON WIRELESS 200A
WIRELESS DUAL BAND 200A INTEGRATED LOAD CENTER INTEGRATED LOAD CENTER PROPOSED VERIZON RE PN: 20151221722
RRH (TYP OF 6) PROPOSED VERIZON WIRELESS DUAL BAND RRH LC: 383625
PROPOSED VERIZON WIRELESS WIRELESS TELCO BOX (TYP OF 6) SITE ADDRESS
'Ap STEEL RAILING PROPOSED VERIZON 25 LAKE AVE
PROPOSED VERIZON
GROUND BAR CITY OF SARATOGA SPRINGS
WIRELESS BOX
TELCO WIRELESS STEEL RAILING SARATOGA COUNTY
00000 NY 12866
PROPOSED STAIRS E 00000 0 0 0 0 0 -
SHEET TITLE
71 Fal
T/EXISTING T/EXISTING PLATFORM & EQUIPMENT
ROOF ROOF
ELEVATIONS
PROPOSED 2'x2'x2" RUBBER PROPOSED 9'-4"x11'-0" PROPOSED 9'-4"x11'–O" PROPOSED 2'x2'x2" RUBBER
PAD COMPATIBLE W/ EXISTING EQUIPMENT PLATFORM EQUIPMENT PLATFORM PAD COMPATIBLE W/ EXISTING SHEET NUMBER
ROOFING (TYP OF 4) r, - FRONT ELEVATION (2)REAR ELEVATION ROOFING (TYP OF 4)
SCALE: 1/4" = l'—O" SCALE: I/4" = 1'-0"
C-5